MEMORANDUM OPINION AND ORDER
JUSTIN L. QUACKENBUSH, Senior District Judge.
BEFORE THE COURT is Plaintiff's Motion for Partial Summary Judgment (ECF No. 55) and Defendant's Motion for Summary Judgment (ECF No. 60). Oral argument was heard on the motions in Riverside, California on June 27, 2011. Plaintiff was represented by Kenneth Ehrlich and Paul Kroeger. Defendant was represented by William Lee Smith and Scott Franklin.
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