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EGAN v. SCHMOCK

No. C-99-21031-JF (EAI).

93 F.Supp.2d 1090 (2000)

Kulwant EGAN, et al., Plaintiffs, v. Gaetana SCHMOCK, et al., Defendants.

United States District Court, N.D. California, San Jose Division.

April 14, 2000.

Attorney(s) appearing for the Case

D. Scott Chang, Belmont, CA, Ruth Silver Taube, Silver & Taube, San Jose, CA, for Plaintiffs.

Terilyn Perez, Clapp, Maroney, Bellagamba, Davis & Vucinich, Menlo Park, CA, for Defendants.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS

[Docket No. 12]

FOGEL, District Judge.

On April 10, 2000, the Court heard oral argument regarding Defendants' motion to dismiss. The motion will be granted in part and denied in part for the reasons set forth below.

I. BACKGROUND

Plaintiffs are Kulwant Egan, his wife Tara Egan, and their minor son Sachit Egan ("the Egans"). They allege that their neighbors...

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