Randas

Randas v. YMCA of Metropolitan Los Angeles

Good Law
17 Cal. App. 4th 158·21 Cal. Rptr. 2d 245
Court of Appeal of CaliforniaJuly 14, 1993B067811California2,025 words

Opinion

Opinion

WOODS (Fred), J.

In this personal injury action, plaintiff-appellant appeals from an adverse summary judgment and contends the release she signed was invalid because against public interest ( Tunkl v. Regents of University of California (1963) 60 Cal.2d 92 [ 32 Cal. Rptr. 33 , 383 P.2d 441 , 6 A.L.R.3d 693 ]) and because she couldn't read it. We affirm the judgment.

The facts are simple and undisputed. [1]

Sometime before August 8, 1991, Lemonia T. Randas (plaintiff and appellant), literate in Greek but not English, enrolled in a swimming class at a local YMCA (YMCA of Metropolitan Los Angeles; respondent [2] ). She was provided a "RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT" which she signed. On August 8, 1991, after her swimming class, she slipped and fell on the wet poolside tile, injuring herself.

On January 9, 1992, she filed the instant personal injury action. Respondent answered and later moved for summary judgment. (Code Civ. Proc., § 437c.) The trial court granted the motion. This appeal followed.

As appellant implicitly concedes, if the release she signed is valid summary judgment was properly awarded to respondent.

We consider her contentions…

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