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.
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