ELR Citation: ELR 20008
No(s). B203093 (Cal. App. 2d Dist. Jan 12, 2009)

A California appellate court held that the resident of an apartment complex that failed to limit secondhand smoke in outdoor common areas sufficiently pled a cause of action for public nuisance. The complex, by failing to act, created a condition that was harmful to health or obstructed the free use...