SAN JOSE (CBS / AP) — A third defendant has been dropped from a lawsuit filed by a teenager who said she was gang-raped by members of the De Anza College baseball team.

The San Jose Mercury News said plaintiff’s attorneys decided Tuesday not to pursue negligence allegations against Stefano Rebagliati. He owns the house where the alleged attack took place in 2007, and his grandson was a tenant.

Two former players for the Cupertino-based college also were dropped from the case this week, leaving six defendants.

The alleged victim filed a lawsuit after prosecutors declined to file criminal charges. The California Attorney General’s Office has said witnesses were too drunk to remember what happened.

Testimony is continuing, with witnesses giving conflicting accounts of whether members of DeAnza’s women’s soccer team intervened to end the assault.

(Copyright 2011 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Wire services may have contributed to this report.)


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