Anderson

INTRODUCTION

Plaintiff Kirk Anderson appeals from a judgment entered after the trial court granted a motion for summary judgment by defendant Fitness International, LLC, doing business as L.A. Fitness. Anderson contends the trial court erred in striking the allegations in his complaint as to gross negligence, and it erred in granting summary judgment because a triable issue of fact exists as to whether L.A. Fitness was grossly negligent. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Anderson’s Injury and Waiver

In December 2011, Anderson, who was in his early 60’s, joined the L.A. Fitness health club in Glendale. He signed a membership agreement, which included the following pertinent language enclosed within a rectangular-bordered box (the release): “IMPORTANT: RELEASE AND WAIVER OF LIABILITY AND INDEMNITY. You hereby acknowledge and agree that use by Member ... of L.A. Fitness’ facilities, services, equipment or premises, involves risks of injury to persons and property, including those described below, and Member assumes full responsibility for such risks. In consideration of Member .... being permitted to enter any facility of L.A. Fitness (a ‘Club’) for any…