Shawa

I. BACKGROUND

Shawa sued Fairfield and the Program for damages, alleging she fell in the bathroom on February 26, 2009 while attending the Program as a result of defendants‘ negligence. Defendants moved for summary judgment on the grounds that before Shawa began attending the Program, Shawa‘s daughter signed a valid ―Waiver of Liability‖ on behalf of herself and Shawa releasing Fairfield and its agents and employees from liability based on negligence or carelessness for any personal injury Shawa might sustain as a result of her participation in the Program. A. Defendants’ Undisputed Facts Defendants assert the following facts are undisputed: Shawa had undergone surgery (a craniotomy) to remove a brain tumor in 1995, which left her with aphasia (impairment of the power to use or comprehend words) and limited speech. She was 56 years old at the time of her admission to the Program in 2007. The Program is operated through Fairfield‘s Community Resources Department and is overseen and licensed by the Community Care Licensing Division of the California Department of Social Services. The Program provides comprehensive social and educational services to frail and isolated seniors,…