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DOVER VILLAGE ASSN. v. JENNISON

Nos. G042741, G042990.

191 Cal.App.4th 123 (2010)

DOVER VILLAGE ASSOCIATION, Plaintiff and Appellant, v. PATRICK E. JENNISON et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division Three.

November 24, 2010.

Attorney(s) appearing for the Case

Feldsott & Lee, Martin L. Lee and Erika M. Hsu for Plaintiff and Appellant.

Michael Maguire & Associates, Paul Kevin Wood and Brian Y. Fujita for Defendants and Respondents.

OPINION

RYLAARSDAM, Acting P. J.—

Patrick E. Jennison had a leaky sewer pipe two feet beneath the concrete slab underlying his Newport Beach condo. The homeowners association said he was responsible for the repair bill on the theory that the sewer pipe was "exclusive use common area" for which he was responsible. On cross-motions for summary judgment, the trial court disagreed, and entered a judgment declaring that the association should...

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