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ZUMBRUN v. UNITED SERVICES AUTO. ASS'N.

No. CIV. S-88-307 LKK.

719 F.Supp. 890 (1989)

Ron ZUMBRUN and Ann Zumbrun, Plaintiffs, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Defendant.

United States District Court, E.D. California.

August 3, 1989.

Attorney(s) appearing for the Case

Dennis M. Campos, Tracey S. Buck-Walsh, Diepenbrock, Wulff, Plant & Hannegan, Sacramento, Cal., for plaintiffs.

Otto F. Becker, Thornton, Taylor & Downs, San Francisco, Cal., for defendant.

ORDER

KARLTON, Chief Judge.

This matter is before the court on plaintiffs' motion for partial summary judgment. For the reasons that I explain below, the motion is granted in part and denied in part.

I

CASE BACKGROUND

The Zumbruns, plaintiffs herein, own a home in Carmichael, California, which sits atop a cliff overlooking the American River. Defendant United States Automobile Association ("USAA") executed and delivered to plaintiffs...

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