Lena Childs v. San Diego Family Housing LLC

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

LENA CHILDS, an individual; No. 20-56049 DONALD CHILDS, an individual; T. CHILDS, a minor by and through her D.C. No. guardian ad litem, Lena Childs; A. 3:19-cv-02329- CHILDS, a minor by and through her JM-MDD guardian ad litem, Lena Childs, Plaintiffs-Appellees,

OPINION

v.

SAN DIEGO FAMILY HOUSING LLC, a California Limited Liability Corporation; LINCOLN MILITARY PROPERTY MANAGEMENT, LP, a Delaware Limited Partnership, Defendants-Appellants,

and

INDEPTH CORPORATION, a California Corporation; DOES, 1 through 25 inclusive, Defendants. Appeal from the United States District Court for the Southern District of California Jeffrey T. Miller, District Judge, Presiding

Argued and Submitted August 31, 2021 Pasadena, California

Filed January 14, 2022

Before: Sandra S. Ikuta, Mark J. Bennett, and Ryan D. Nelson, Circuit Judges.

Opinion by Judge Ikuta

SUMMARY*

Appellate Jurisdiction

The panel dismissed, for lack of appellate jurisdiction, defendants’ appeal from the district court’s order denying their claim of derivative sovereign immunity in a tort suit concerning…