A nonsmoking owner of a condominium unit sued his downstairs neighbor and the condo association because of the cigarette smoke that drifts through his open windows from the unit below. He sought to prohibit his neighbors from smoking anywhere in the development or from smoking in their condominium, except with the windows closed and under certain conditions. Platt also wanted the landlords to refrain from renting the neighboring condominiums to smokers. See Liss, R., “Non-Smoker Sues Neighbors,” Los Angeles Daily Journal, June 28, 1996; and Simon, S., “Smoke and Ire: Man’s Suit Over Neighbors’ Cigarettes Could Open New Front in War on Tobacco,” Los Angeles Times, July 5, 1996, B2.
The trial court dismissed Platt’s causes of action at the pleading stage. Platt appealed. Platt has sold his unit and no longer lives in the building. The Court of Appeal, Second Appellate District, Division One ruled on August 17, 1999, that since both Platt and the Landis have moved from the building, the case is moot. Also, the court did not overturn the trial court’s ruling awarding attorneys’ fees to the defendants, pursuant to language in the Declarations of Covenants, Conditions and Restrictions.
No. BC 152452, Calif. Super. Ct., Los Angeles County, (1996).