Slotkin

BACKGROUND

A. The Original, First, and Second Amended Complaints Slotkin owns and resides in a condominium located in a complex owned and operated by the Association and managed by Diaz. In October 2020, she filed a complaint alleging the Association and Diaz provided other tenants in the luxury

2 condominium complex with bellman services, which included assistance with carrying groceries, luggage, and other items to and from residential units. However, they revoked Slotkin’s bellman services and declined her requests to reinstate them as a reasonable accommodation to her disabilities. Defendants filed a demurrer to the original complaint, and in October 2021, Slotkin filed a first amended complaint (FAC). The FAC added a new cause of action for “breach of governing documents/enforcement of equitable servitudes” based on various covenants, conditions, and restrictions recorded in a 1999 declaration of covenants, conditions, and restrictions (the 1999 CC&Rs). The FAC attached a copy of the 1999 CC&Rs and quoted several of its provisions concerning nonexclusive rights of use and enjoyment.1 Citing these provisions, the FAC alleged the Association breached Slotkin’s right to…