YMCA of Metropolitan Los Angeles v. Superior Court

In this slip-and-fall case, defendant YMCA of Metropolitan Los Angeles petitions for extraordinary writ review of an order denying its motion for summary judgment. The trial court agreed with plaintiff Mary Clark that the release she signed is invalid because it is against the 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 ]). We issue the peremptory writ of mandate and direct the trial court to enter summary judgment for defendant.

Facts

On March 14, 1995, plaintiff, then age 73, went to the Torrance YMCA for its “Senior Program” which provided lunch for $1.75. Prior to lunch, plaintiff walked by tables displaying jewelry and other items for the Senior Program participants to purchase. “[T]he display tables were set up near the edge of a series of descending steps leading to a circular fire ring at the center of the courtyard area." Plaintiff walked around the back of one of the tables and fell down the steps, injuring herself.

The YMCA requires participants in the Senior Program to sign, once a year, a release form entitled “Release and Waiver of Liability and Indemnity Agreement."…