Kurashige

Introduction

Plaintiff Michael Kurashige appeals from a summary judgment granted in favor of defendants Indian Dunes, Inc. and Newhall Land & Farming Company.

Statement of Facts

Indian Dunes Park (Park) was owned by defendant Indian Dunes, Inc. Ownership was transferred to it by defendant Newhall Land & Farming Co. in 1976. The Park was used by the general public for motorcycle dirtbike riding.

On December 21, 1982, plaintiff was injured at the Park while riding his motorcycle dirtbike on the Park’s trails. Before using the Park, plaintiff signed a “General Release” agreement, an exact copy of which is attached hereto as an appendix.

The agreement is titled “Indian Dunes Park General Release,” in 10 point regular print type in capital letters. Below it is printed, in red ink in 10 point bold print type in capital letters “Since all motorbike riding is dangerous we require all riders and visitors to assume all risk by signing this general release.” The following release clauses are printed in 9-point print type. At the bottom of the agreement, the words “motorcycling is dangerous” are written in red in 17 point bold print. Below the agreement are three rows consisting…