No. S070296.

87 Cal.Rptr.2d 237 (1999)

980 P.2d 940

21 Cal.4th 249

Gertrude M. LAMDEN, Plaintiff and Appellant, v. LA JOLLA SHORES CLUBDOMINIUM HOMEOWNERS ASSOCIATION, Defendant and Respondent.

Supreme Court of California.

August 9, 1999.

Attorney(s) appearing for the Case

Robert H. Lynn, San Diego, for Plaintiff and Appellant.

Mayfield & Associates and Gayle J. Mayfield, Solana Beach, for Common Interest Consumer Project as Amicus Curiae on behalf of Plaintiff and Appellant.

Robie & Matthai, James R. Robie, Kyle Kveton, Pamela E. Dunn, Claudia M. Sokol, Los Angeles, and Daniel J. Koes, for Defendant and Respondent.

Weintraub Genshlea & Sproul, Curtis C. Sproul, Sacramento; Farmer, Weber & Case, John T. Farmer, Kimberly F. Rich, San Diego; Even, Crandall, Wade, Lowe & Gates, Edwin B. Brown, Irvine; Peters & Freedman, Simon J. Freedman, Encinitas, and James R. McCormick, Jr., as Amici Curiae on behalf of Defendant and Respondent.

Hazel & Thomas, Michael A. Banzhaf, Leesburg, VA, Robert M. Diamond and Michael S. Dingman, Falls Church, VA, for Community Associations Institute as Amicus Curiae on behalf of Defendant and Respondent.

Early, Maslach, Price & Baukol, Los Angeles, and Priscilla F. Slocum, for Truck Insurance Exchange as Amicus Curiae on behalf of Defendant and Respondent.

Martin, Wilson & MacDowell, Scott A. Martin, John R. MacDowell and Steven S. Wang, Santa Ana, for Desert Falls Homeowners Association and Upland Hills Country Club Condominium Association as Amici Curiae on behalf of Defendant and Respondent.

June Babiracki Barlow and Neil D. Kalin, Los Angeles, for California Association of Realtors as Amicus Curiae on behalf of Defendant and Respondent.


A building in a condominium development suffered from termite infestation. The board of directors of the development's community association1 decided to treat the infestation locally ("spot-treat"), rather than fumigate. Alleging the board's decision diminished the value of her unit, the owner of a condominium in the development sued the community association. In adjudicating her claims, under what standard should a court...


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