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VERDUGO v. TARGET CORP.

No. 10-57008.

704 F.3d 1044 (2012)

Michael VERDUGO, brother of Decedent; Rosemary Verdugo, mother, successor and heir of Mary Ann Verdugo, Decedent, Plaintiffs-Appellants, v. TARGET CORPORATION, a Minnesota corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

December 11, 2012.

Attorney(s) appearing for the Case

Robert A. Roth , Tarkington, O'Neill, Barrack & Chong, Berkeley, CA; David G. Eisenstein , Law Offices of David G. Eisenstein, P.C., Carlsbad, CA for Plaintiffs-Appellants.

Benjamin R. Trachtman and Ryan M. Craig , Trachtman & Trachtman, Mission Viejo, CA for Defendant-Appellee.

Order; Concurrence by Judge GRABER; Dissent by Judge PREGERSON.

ORDER

Pursuant to Rule 8.548 of the California Rules of Court, we request the California Supreme Court to decide the question of California law set forth in Part II of this order. This case is withdrawn from submission until further order of this court, and all further proceedings in this court are stayed pending final action by the California Supreme Court.

There is no controlling precedent resolving the question we set forth below. The answer will determine...

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