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ZIPPERER v. COUNTY OF SANTA CLARA

No. H028455.

35 Cal.Rptr.3d 487 (2005)

133 Cal.App.4th 1013

John ZIPPERER et al., Plaintiffs and Appellants, v. COUNTY OF SANTA CLARA, Defendant and Respondent.

Court of Appeals of California, Sixth District.

As Modified October 28, 2005.

Attorney(s) appearing for the Case

Albin E. Danell, San Jose, CA, for Plaintiffs and Appellants.

Michael L. Rossi, Office of the County Counsel, San Jose, CA, for Defendant and Respondent.

Certified for Partial Publication.*

McADAMS, J.

Plaintiffs John and Cecilia Zipperer sued the County of Santa Clara on various theories, based on allegations that their solar home was malfunctioning as a result of shading from trees growing on defendant's adjoining property. The trial court sustained defendant's demurrer to plaintiffs' first amended complaint, without leave to amend. This appeal followed. For reasons explained...

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