Olmsted

I. BACKGROUND

23 This suit arises from the allegations that San Diego Family Housing LLC and 24 Lincoln Military Property Management LP breached their implied warranty of 25 habitability in the Plaintiffs’ rental property due to excessive water damage and moisture. 26 (ECF Nos. 25-2, 25-3.) Plaintiffs, Thomas Olmsted, Avery Olmsted, Cannon Olmsted 27 (through his guardian ad litem, Avery Olmsted), and Porter Olmsted (through his 28 guardian ad litem, Avery Olmsted), resided in military housing within The Village at the Naval Training Center in San Diego. (ECF No. 1.) Plaintiffs claimed that the Defendants expressly and impliedly warranted that the property would remain habitable, not interfere with the Plaintiffs’ quiet enjoyment, and maintain the property in a manner to keep it habitable. (ECF No. 1-2.) Specifically, the minor Plaintiffs claimed that the Defendants owed them a duty of care to avoid injuring the minor Plaintiffs or damaging their personal property. (ECF No. 1-2.) The Plaintiffs also alleged that the property at issue was defective in repair and in maintenance, with water intrusion, leaks, and other moisture and condensation damage.…