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ADLER v. ELPHICK

Docket No. A033782.

184 Cal.App.3d 642 (1986)

229 Cal. Rptr. 254

ALAN H. ADLER et al., Plaintiffs and Respondents, v. SHEILA ELPHICK, Defendant and Appellant.

Court of Appeals of California, First District, Division Four.

August 20, 1986.

Attorney(s) appearing for the Case

COUNSEL

Samuel E. Trosow for Defendant and Appellant.

Manuela Albuquerque, City Attorney, and Marjorie Gelb, Deputy City Attorney, as Amici Curiae on behalf of Defendant and Appellant.

Fred M. Feller, York, Buresh & Kaplan, James S. Ader and Jethro S. Busch for Plaintiffs and Respondents.

Thomas W. Birmingham as Amicus Curiae on behalf of Plaintiffs and Respondents.

OPINION

SABRAW, J.

The issue decided in this case is that a "community apartment project" cannot be created informally. A community apartment project arises when an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located thereon. (1a) We hold that the right to exclusive occupancy, which is a prerequisite to the creation of a community apartment project, must appear on the face...

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