White v. Cox

17 Cal. App. 3d 824, 95 Cal. Rptr. 259 (1971)

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White v. Cox

California Court of Appeal
17 Cal. App. 3d 824, 95 Cal. Rptr. 259 (1971)

Facts

Ronald White (plaintiff) owned a single condominium unit in the Merrywood condominium project in California and held a one-sixtieth interest in the condominium project’s common area. White was also a member of Merrywood Apartments, which was an unincorporated association charged with the maintenance of the project’s common areas. An administrator, who was charged with controlling the common affairs of the project, was appointed by the project’s board of governors. In turn, the board of governors was elected by the individual unit owners. White was not a member of the board of governors. The Merrywood condominium plan expressly established that individual unit owners may have no recourse if they did not agree with decisions made by management. White tripped and fell over a water sprinkler that was negligently maintained by Merrywood Apartments in the Merrywood condominium project’s common area. White filed suit against Merrywood Apartments for negligence. Merrywood Apartments filed a demurrer stating that a member could not maintain a negligence action against it because the member himself shared responsibility in ownership. The trial court found in favor of Merrywood Apartments and dismissed White’s complaint. White filed an appeal.

Rule of Law

Issue

Holding and Reasoning (Fleming, J.)

Concurrence (Roth, J.)

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