City of Santa Barbara v. Superior Court

The mother of Katie Janeway, a developmentally disabled 14 year old, signed an application form releasing the City of Santa Barbara and its employees (hereafter the City or defendants) from liability for “any negligent act” related to Katie’s participation in the City’s summer camp for developmentally disabled children. Katie drowned while attending the camp, and her parents (plaintiffs, real parties in interest in the present proceedings) commenced this suit. The Court of Appeal below (1) held unanimously that the agreement embodied in the application form was effective and enforceable insofar as it concerned defendants’ liability for future ordinary negligence, but (2) concluded, by a two-to-one vote, that a release of liability for future gross negligence generally is unenforceable, and that the agreement in this case did not release such liability.

In granting review, we limited the issue to be briefed and argued to the second issue—whether a release of liability relating to recreational activities generally is effective as to gross negligence. 1 As explained below, we answer that question in the negative, and affirm the judgment rendered by the Court of Appeal. We…

I agree with the majority that the contractual release of liability at issue in this case is unenforceable as to gross negligence, but I reach that conclusion for reasons that differ from the majority’s. The majority relies largely on decisions from other jurisdictions to support a conclusion that releases for gross negligence are inherently and generally against public policy and unenforceable, but that conclusion cannot be reconciled with Civil Code sections 1668 and 2175, as I will explain. In my view, a contractual release of liability for gross negligence, like a contractual release of liability for ordinary negligence, must be examined in its specific context to determine whether it is against public policy. In performing that contextual public policy analysis, I rely on the factors that this court identified in Tunkl v. Regents of University of California (1963) 60 Cal.2d 92 [ 32 Cal.Rptr. 33 , 383 P.2d 441 ] (Tunkl).

I

The City of Santa Barbara (the City) runs a summer camp, called Adventure Camp, for children with developmental disabilities. Katie Janeway, who suffered from epilepsy, mild cerebral palsy, and other disabilities, started going to the camp in 1999, and she…

Grassini & Wrinkle and Roland Wrinkle, Woodland Hills, for Real Parties in Interest.

No appearance for Respondent.

GEORGE, C.J.

The mother of Katie Janeway, a developmentally disabled 14-year-old, signed an application form releasing the City of Santa Barbara and its employees (hereafter the City or defendants) from liability for "any negligent act" related to Katie's participation in the City's summer camp for developmentally disabled children. Katie drowned while attending the camp, and her parents (plaintiffs, real parties in interest in the present proceedings) commenced this suit. The Court of Appeal below (1) held unanimously that the agreement embodied in the application form was effective and enforceable insofar as it concerned defendants' liability for future ordinary negligence, but (2) concluded, by a two-to-one vote, that a release of liability for future gross negligence generally is unenforceable, and that the agreement in this case did not release such liability.

In granting review, we limited the issue to be briefed and argued to the second issue—whether a release of liability relating to recreational activities generally is effective as to gross negligence.…