Lewis Operating Corp. v. Superior Court

Opinion

MILLER, J.

INTRODUCTION

In this case, we are asked to determine whether a landlord who rents an apartment for residential use may enforce against the tenant an agreement to waive liability for the landlord’s negligence. In general, as we will explain, the answer would clearly be “no.” However, where the waiver in question relates to the landlord’s operation of a tenant-only health club or exercise facility, we conclude that the waiver violates no statute or public policy. Accordingly, the waiver is enforceable and bars real party in interest’s suit.

STATEMENT OF FACTS

The action is one for…