DOG FIGHT: Los Angeles Attorney Files Cross-Complaint Against Home Owner’s Association Over the Weight Restriction Of Dog

FOR IMMEDIATE RELEASE
(Free-Press-Release.com) September 23, 2009 -- FOR IMMEDIATE RELEASE


Contact: Jerry B. Marshak, Esq.
323-661-7300 ext. 1
jerry@labizlaw.com
www.labizlaw.com


DOG FIGHT: Los Angeles Attorney Files Cross-Complaint Against Homeowners' Association Over the Weight Restriction Of Dog

The battle between Homeowners and Homeowners' Association (HOA) rules governing pets is a longstanding fight, but here comes another round. On September 4, 2009, Los Angeles attorney Shannon L. Van Dorn, filed a suit against Los Feliz Towers Home Owners Association seeking judicial declaration that the Association’s CC & R that restricts dog ownership in the complex to dogs weighing no more than 25 pounds violates California Civil Code Section 1350.5, which statute specifically allows a condominium owner to keep one of any dog, cat, bird or fish. Van Dorn claims that the weigh restriction violates the statute as it precludes the homeowner from owning any dog, as allowed by law, but instead allows the Association to unreasonably dictate the type of dog a homeowner may have. There is no case law on the books regarding 1360.5 since it was implemented by the California Legislature in January 2001.

Ms. Van Dorn moved into the complex, a 196-unit high rise located in the Los Feliz area of Los Angeles, April 1, 2009, under a lease agreement with homeowner Temidayo Akinyemi, which provided specifically for a Golden Retriever to live with Ms. Van Dorn in the unit. According to court documents, Mr. Akinyemi claims to have thought he had the right to allow larger dogs to live in his unit as he himself lived in the Unit with a German Shepherd and there are other large dogs over 25 pounds currently living on the property.

Ms. Van Dorn is represented by attorney Jerry B. Marshak of Van Dorn & Marshak Law Offices located in the Silverlake area of Los Angeles. According to Mr. Marshak, “this Association has a long history of abuse of authority and violation of law. A few years ago the Association paid a huge settlement to disabled owner Mimi Greenberg when it refused to provide a reasonable accommodation to a parking space. The Association litigated against Greenberg for five years and on the eve of trial finally coughed up the parking space (and $214,000.00). Cleary this association is carrying on its legacy of litigiousness and unreasonableness.”

Los Feliz Towers lost its bid for a preliminary injunction to remove the dog pending the outcome of litigation on September 21, 2009, with Judge Helen I. Bendix citing in her Tentative Ruling that harm to the Association at this time is “non-existent” and therefore no grounds to grant a preliminary injunction. The case is filed at the Stanley Mosk courthouse in downtown Los Angeles, department 18. Case number is BC419138.

For more information on the matter please contact Jerry B. Marshak, Esq., 323-661-7300 ext. 1.

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