Legal Opinion
Capri v. L.A. Fitness International, LLC
California Court of Appeal
Decided February 15, 2006No. B181446PublishedCited by 16 opinions
1Opinion of the Court
Opinion
EPSTEIN, P. J.
In this case we conclude that Civil Code section 1668, considered together with the statutory framework in applicable provisions of the Health and Safety Code, precludes operation of the waiver and release clause in a health club membership agreement.
FACTUAL AND PROCEDURAL SUMMARY
In January 2001, appellant Reoven Capri joined the Woodland Hills branch of the L.A. Fitness health club (the club), which is owned by respondent L.A. Fitness International, LLC (L.A. Fitness). He signed a membership agreement, which contained the following release and waiver of liability:
“RELEASE…
2Cases cited16 opinions
- Rowland v. ChristianCalifornia Supreme Court · 1968
- Saelzler v. Advanced Group 400California Supreme Court · 2001
- Tunkl v. Regents of University of CaliforniaCalifornia Supreme Court · 1963
- Knight v. JewettCalifornia Supreme Court · 1992
- Kahn v. East Side Union High School DistrictCalifornia Supreme Court · 2003
11 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Rotolo v. San Jose Sports & Entertainment, LLCCalifornia Court of Appeal · 2007
- Caza Drilling (California), Inc. v. Teg Oil & Gas U.S.A., Inc.California Court of Appeal · 2006
- Johnson v. Honeywell International Inc.California Court of Appeal · 2009
- Zipusch v. LA Workout, Inc.California Court of Appeal · 2007
- Wallace v. Busch Entertainment Corp.District Court, S.D. California · 2011
11 more not listed; retrieve them via the Exa API.