Briana Leakas v. Monterey Bay Military Housing, LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 BRIANA LEAKAS, et al., Case No. 22-cv-01422-VKD

Plaintiffs,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANTS’

MOTION TO DISMISS COMPLAINT

MONTEREY BAY MILITARY HOUSING, LLC, et al., Re: Dkt. No. 16 12 Defendants.

13 Plaintiffs Briana Leakas and her minor son, D.L. (along with Theodore Leakas, D.L.’s guardian ad litem),1 bring this tort action for personal injuries they claim they sustained as a result of toxic mold contamination in the home they leased while living on the U.S. Army Garrison Presidio of Monterey. Following the removal of this action from the Monterey County Superior Court, plaintiffs voluntarily dismissed two defendants, Clark Enterprises USA, LLC and Pinnacle Monterey, LLC. See Dkt. Nos. 11, 12. The remaining three defendants—Monterey Bay Military Housing, LLC (“MBMH”), Michaels Management Company, Inc. (“Michaels”)2 and Clark Pinnacle Monterey Bay, LLC …