Logourl black
From our private database of 14,200+ case briefs...

Lamden v. La Jolla Shores Clubdominium Homeowners Association

Supreme Court of California
980 P.2d 940 (1999)


Facts

Gertrude Lamden (plaintiff) owned a condominium unit in the La Jolla Shores Clubdominium development complex (the development). The development’s Declaration of Restrictions (Declaration) gave the Board of Governors (the Board) (defendant) of the development’s homeowners association (defendant) broad powers over the management and maintenance of the development’s common areas. Over the course of several years, the development experienced termite problems. When the termite problems arose, the Board evaluated its options and obtained a bid for fumigation. The Board ultimately decided to spot treat for termites rather than fumigating. The Board based its decision on the cost of fumigating, the health and safety of the development’s residents, potential problems associated with relocating residents during fumigation, and the possibility that termite issues would persist even after fumigation. Lamden brought suit, claiming breach of the Declaration, breach of fiduciary duty, negligence, and violation of a California statute requiring proper maintenance of common areas. The trial court ruled in favor of the defendants based on the business judgment rule. The court of appeal reversed. The defendants appealed.

Rule of Law

Issue

Holding and Reasoning (Werdegar, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 250,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.