Guido
Guido v. Koopman
Opinion
Opinion
Haning, J.
Plaintiffs and appellants Diana L. Guido and Donald Schwartz, a married couple, appeal from a summary judgment, enforcing a release from all liability, in favor of defendant and respondent Charles Koopman, doing business as The Academy of Equestrian Arts (the Academy). Appellants contend the release is unenforceable because it was executed in reliance on respondent’s misrepresentation that it was unenforceable. We affirm.
Facts and Procedural History
Guido filed her complaint against three groups of defendants for personal injuries allegedly resulting from three separate, sequential accidents during the summer of 1988: two automobile accidents and a horseback riding accident. These incidents were unrelated, but were joined in the complaint because “[pjlaintiff is in doubt as to which of the defendants ... she is entitled to redress because there is a question as to which defendant is liable and to what extent for injuries, as she was injured in each incident.” Guido’s husband, Donald Schwartz, filed a separate action for loss of consortium, and the two actions were consolidated.
The summary judgment motion was brought by respondent and is addressed solely to the cause…