Smith v. Camp Pendleton & Quantico Housing, LLC

Good Law
United States District Court, Southern District of CaliforniaSeptember 8, 20213:20-cv-02359California1,470 words

Opinion

Trial Court Opinion

BACKGROUND

18 This suit arises from allegations that defendants, as landlords, failed to adequately 19 address mold build-up in plaintiffs’ military housing. (See ECF 1-2, at 14-19.) As a result, 20 plaintiffs sued for various types of negligence, breach of warranty, fraud, constructive 21 eviction, and premises liability, all arising under California law. (See generally ECF 1-2.) 22 As a result of the failure to adequately clean the mold, plaintiffs claim they underwent 23 “wheezing, coughing, and allergic reactions,” with minor plaintiff C.S. suffering from 24 greater issues including “pediatrician prescribed medication to treat the presenting ailments 25 including steroids, inhalers, breathing treatments, and a rescue inhaler.” (Id. at 15-16.) 26 Plaintiffs lived as defendants’ tenants for one year. (Id. at 14.) 27 28 With the help of another Magistrate Judge, the parties reached a settlement agreement. (See ECF 208-1, at 2.) The proposed gross settlement amount is $75,000. (ECF 29, at 4.) Of that, C.S. will receive $5,000 and A.S. $3,000. (Id.) After attorney’s fees and costs are removed, C.S.’s net recovery will be $3,669.50 and A.S.’s net…

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