Capri

Capri v. L.A. Fitness International, LLC

Good Law
136 Cal. App. 4th 1078·2006 Cal. App. LEXIS 201·2006 Daily Journal DAR 1900·39 Cal. Rptr. 3d 425
Court of Appeal of CaliforniaFebruary 15, 2006B181446California3,804 words

Opinion

Opinion

Epstein, J.

In this case we conclude that Civil Code section 1668, considered together with the statutory framework in applicable provisions of the Health and Safety Code, precludes operation of the waiver and release clause in a health club membership agreement.

FACTUAL AND PROCEDURAL SUMMARY

In January 2001, appellant Reoven Capri joined the Woodland Hills branch of the L.A. Fitness health club (the club), which is owned by respondent L.A. Fitness International, LLC (L.A. Fitness). He signed a membership agreement, which contained the following release and waiver of liability:

After joining the club, Mr. Capri used the treadmill and outdoor swimming pool two to three times a week. On November 7, 2002, as he was walking to the pool, Mr. Capri slipped and fell on the pool deck. The following day, he returned to the club and discovered an accumulation of algae around the drain on the pool deck, in the area where he fell.

Mr. Capri brought this personal injury action against L.A. Fitness, alleging causes of action for negligence and negligence per se. L.A. Fitness moved for summary judgment on several theories: that the claim was barred by plaintiff’s execution of the release and…

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