MARCH 12TH, 2013
Recently, a jury of the Orange County Superior Court in Santa Ana, CA returned a verdict holding a local condominium homeowners' association responsible for second hand cigarette smoke exposure to a condominium resident owner. In the lawsuit, Chauncey v. Bella Palermo Homeowners' Association, et al., Orange County Superior Court Case No. 30-2011-00461681, the plaintiff homeowners repeatedly complained to the homeowners' association and the property manager about second hand smoke from the tenants in the adjoining unit. When the association failed to take steps to address the situation, plaintiffs filed suit against the association, the management company, the landlord of the adjoining unit and two of the rental tenants in the unit. In returning a verdict in favor of the plaintiffs, the jury found all of the defendants negligent and also found the association in breach of the CC&Rs for the project under a breach of contract theory, despite the CC&Rs not specifically prohibiting smoking at the project. The CC&Rs did contain a 'nuisance' provision and other provisions requiring the association to ensure the owners were entitled to the 'quiet enjoyment' of their unit. It is believed this is the first jury verdict of its kind in California and, perhaps, the nation.
JANUARY 28TH, 2013
On January 17, 2013, Lance A. Adair, Michelle L. Philo, John Schroeder and Allyson K. Thompson attended the Orange County Bar Association's 2013 Judges' Night and Annual Meeting in Irvine, CA. The installation of the new OCBA 2013 President, Wayne R. Gross, took place, and the Honorable Francisco F. Firmat was presented with the Franklin G. West Award.
JANUARY 24TH, 2013
Congratulations to Managing Partners, Kyle D. Kring and Kenneth W. Chung, for being selected again for inclusion in the 2013 Southern California Super Lawyers list. Super Lawyers is a rating service of outstanding lawyers from various practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.
Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis with no more than 5% of the attorneys in California being selected as Super Lawyers.
JANUARY 10TH, 2013
Kring & Chung is pleased to announce that Michelle A. Philo has joined its Irvine, CA office as an Associate attorney. Ms. Philo practices general civil litigation, business transactions, and probate. She is an active member of the Orange County Women Lawyers Association, the Orange County Bar Association Young Lawyers Division, and the American Bar Association Young Lawyers Division.