California: Court Goes Too Far on Smoking Ban?

In Birke v. Oakwood Worldwide, 2009 Cal. App. LEXIS 19 (January 12, 2009), the California Court of Appeals ruled that a cause of action for nuisance was adequately pleaded by a five year-old child against a company that managed an apartment complex, where smoking was banned in most of the common areas but there was still limited exposure to second-hand smoke in the common area set aside for smokers.

About Brian P. McLean

BRIAN P. McLEAN is an attorney and shareholder at Leahy McLean Fjelstad in Seattle, Washington. He concentrates his practice in the area of community association law. He received his law and undergraduate degrees from Seattle University, where he was a member of Law Review, chair of the law school’s Moot Court Board, and commencement speaker for his graduating class. Brian speaks and writes frequently about community association issues, is a member of the Washington State Bar Association, and is a former board member of the Washington State Chapter of the Community Associations Institute (WSCAI) where he served as president from 2009 - 2010. He served previously as chair of WSCAI’s Legislative Action Committee, where he worked with state legislators to enact mandatory reserve study legislation in Washington State. Brian is former lead singer, guitarist, and songwriter for the now defunct Pacific Northwest band the Acetones.
This entry was posted in Restrictions and Rules and tagged . Bookmark the permalink.

Leave a Reply