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FRANKLIN v. MARIE ANTOINETTE CONDO. OWNERS ASSN.

Docket No. B064293.

19 Cal.App.4th 824 (1993)

23 Cal. Rptr.2d 744

FLORENCE FRANKLIN, Plaintiff and Respondent, v. MARIE ANTOINETTE CONDOMINIUM OWNERS ASSOCIATION, INC., Defendant and Appellant.

Court of Appeals of California, Second District, Division One.

October 25, 1993.

Attorney(s) appearing for the Case

COUNSEL

Schlegel, Stone & Manning, Michael H. Manning, Brian G. Hummel, Horvitz & Levy, Daniel J. Gonzalez, Richard L. Hasen and Gerald M. Serlin for Defendant and Appellant.

Greenberg, Glusker, Fields, Claman & Machtinger and Jeffrey Spitz for Plaintiff and Respondent.

OPINION

ORTEGA, J.

This appeal concerns an exculpatory clause contained in the declaration of covenants, conditions and restrictions (CC&R's) governing the relationship between an association of condominium homeowners and the condominium owners. If applied to this case, the exculpatory clause will relieve the association of its contractual liability to pay the plaintiff condominium owner for water damage to her unit caused by...

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