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BIRKE v. OAKWOOD WORLDWIDE

No. B203093.

169 Cal.App.4th 1540 (2009)

MELINDA BIRKE, a Minor, etc., Plaintiff and Appellant, v. OAKWOOD WORLDWIDE et al., Defendants and Respondents.

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

January 12, 2009.

Attorney(s) appearing for the Case

Law Office of Michael R. Sohigian, Michael R. Sohigian and Johnny Birke for Plaintiff and Appellant Melinda Birke.

Kinsella Weitzman Iser Kump & Aldisert, Dale F. Kinsella, Gregory P. Korn, Jeremiah Reynolds and Amber Holley for Defendants and Respondents.

Colantuono & Levin, Michael G. Colantuono and Michael A. Morguess for American Lung Association of California as Amicus Curiae on behalf of Plaintiff and Appellant.

OPINION

WOODS, J.—

Appellant Melinda Birke (Birke), through her father and guardian ad litem John Birke, filed suit against Oakwood Worldwide (Oakwood) alleging a nuisance cause of action arising out of the failure of Oakwood to limit secondhand smoke in the outdoor common areas of the residential apartment complex where the Birke family resided. The trial court sustained Oakwood's demurrer to the first amended complaint without leave...

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