Nearly two years after a tragic drowning incident at a San Jose home day care claimed the lives of two toddlers, the grieving families say they are still waiting for justice.

While criminal charges have been filed against the day care owners, the case has yet to go to trial — and now the parents are turning to civil courts.

Scott and Josephine Hanan, whose 16-month-old daughter Lily Jade was one of the children who drowned, have filed a wrongful death lawsuit against the day care’s co-owners, Nina Fathizadeh and Shahin Gheblehshenas, along with an individual alleged to have left a pool gate propped open.

“It’s almost been two years,” Josephine said in an exclusive interview with NBC Bay Area. “And the day care owners who are directly responsible for our daughter's death and our daughter

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