Nakao v. Rushen

MEMORANDUM AND ORDER GRANTING PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

WEIGEL, District Judge.

This case comes before the Court on the motion of plaintiffs Charles Bruce Nakao and Helen Gabriel Nakao for partial summary judgment and the cross-motion of defendant J.P. Campbell for summary judgment.

The outlines of the case have already been discussed in some detail in connection with a prior motion. See Nakao v. Rushen (Nakao I), 542 F.Supp. 856 (N.D.Cal.1982). The following facts pertinent to the present motion are not in dispute. In…