Grebing

Grebing v. 24 Hour Fitness

Good Law
Court of Appeal of CaliforniaFebruary 19, 2015B255866California3,763 words

Opinion

Opinion

Filed 1/29/15; pub. order 2/19/15 (see end of opn.)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

TIMOTHY GREBING, B255866

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. VC062167) v.

24 HOUR FITNESS USA, INC.,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County, Samantha P. Jessner, Judge. Affirmed. Wingert Grebing Brubaker & Juskie, Charles R. Grebing, Andrew A. Servais, and Dwayne H. Stein for Plaintiff and Appellant. Prindle, Amaro, Goetz, Hillyard, Barnes & Reinholtz, Jack C. Nick and Robert R. Willis for Defendant and Respondent.

_______________________________________ Plaintiff Timothy Grebing was injured while exercising at defendant 24 Hour Fitness USA, Inc.’s (24 Hour) facility in La Mirada, California. He appeals from the judgment entered after the trial court granted 24 Hour’s motion for summary judgment. The court ruled that Grebing had signed a valid release of liability and 24 Hour did not act with gross negligence. In his appeal, Grebing contends: (1) the release cannot relieve 24 Hour of…

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