Nahrstedt v. Lakeside Village Condominium Association, Inc.

878 P.2d 1275 (1994)

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Nahrstedt v. Lakeside Village Condominium Association, Inc.

California Supreme Court
878 P.2d 1275 (1994)

Nahrstedt v. Lakeside Village Condominium Association, Inc.

Facts

Nahrstedt (plaintiff) purchased a unit in the Lakeside Village Condominiums and moved in with her three cats. When the condominium association (association) (defendant) learned of the cats, it demanded their removal. Nahrstedt sued the association, arguing that the restriction was unreasonable as applied to her cats, which were kept indoors and not free to roam any common areas. The trial court sustained the association’s demurrer against the complaint, and Nahrstedt appealed. A divided appeals court held that Nahrstedt’s allegations that her cats remained indoors and did not bother her neighbors could, if proven, support a declaratory-judgment action. The association appealed to the California Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Kennard, J.)

Dissent (Arabian, J.)

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