ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS
DANA M. SABRAW, District Judge.
Pending before the Court is Defendant's motion to dismiss Plaintiffs' First Amended Complaint ("FAC"). The matter came on for hearing on January 29, 2010. Theresa Bowen appeared on behalf of Plaintiffs, and Cindy Cipriani appeared on behalf of Defendant. For the reasons set forth below, the motion is granted in part and denied in part.
I.
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