Naser

Naser v. Lakeridge Athletic Club

Good Law
173 Cal. Rptr. 3d 876·2014 Cal. App. LEXIS 572·227 Cal. App. 4th 571·2014 WL 2922405
Court of Appeal of CaliforniaJune 27, 2014No. A138353California2,200 words

Opinion

Lead Opinion

Bruiniers, J.

Appellant Zahra Naser slipped and fell in the locker room of the Lakeridge Athletic Club (Lakeridge) in El Sobrante, California. She filed suit seeking damages for resulting personal injuries. The trial court granted summary judgment for Lakeridge on the basis that Naser had assumed the risk of harm in use of the health club facilities and that her contract with Lakeridge included a valid release of liability. Naser appeals from the judgment against her, contending the liability waiver in her membership agreement is unenforceable under statutes governing contracts for health studio services (Civ. Code, § 1812.80 et seq.; hereafter Health Studio Act), and the agreement did not clearly and unambiguously relieve Lakeridge of negligence liability for injuries not arising directly from exercise activities. She also challenges the trial court’s denial of her motion to tax costs awarded to Lakeridge. We affirm the grant of summary judgment in the unpublished portion of this opinion. In the published portion of this opinion we affirm denial of Naser’s motion to tax costs.

I. Background

Except as noted, the following facts were undisputed for purposes of the summary judgment…

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