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Intriligator v. PLC Santa Monica10/30/2002
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Plaintiff Devrie Intriligator ("plaintiff"), appeals from a summary judgment granted to three defendants. This case turns upon the scope and effect of a written "waiver of liability" in a health spa 's membership agreement. The defendant that supplied the waiver for plaintiff to sign is PLC Santa Monica, LLC dba Pritikin Longevity Center ("Spa"). The other two defendants are SHCI Santa Monica Beach Hotel, LLC (SMBH), and Loews Santa Monica Hotel, Inc. (Loews). According to a declaration filed by the attorney for Loews and SMBH, the hotel in which Spa is located, and in which plaintiff's injury occurred, is owned by defendant SMBH and is managed by defendant Loews.
We conclude that the subject waiver of liability relieves all three defendants from liability to plaintiff for any negligence on their part in causing her slip and fall. It is clear from the record before us that such conclusion is consistent with the obvious intent of the parties in the execution of the release. We therefore will affirm the judgment of the trial court.
BACKGROUND OF THE CASE
1. Procedural Background
Plaintiff filed this suit on March 10, 2000. She alleged in her complaint that on March 26, 1999, she was a customer of Spa . She was on premises that were "possessed, owned, operated, maintained, repaired, inspected, constructed, controlled, or [leased] by Spa in Santa Monica, California, and such premises are located in Hotels. She was taking a water aerobics class that day at the Spa and, at such time, the premises were in a dangerous and defective condition that was either created by defendants or known to them for such time that they could have remedied the condition or warned against it. As a result of the defendants' negligent commission or omission, plaintiff slipped and fell on the premises and sustained disabling, serious, and permanent personal injury , resulting in her general and special damages.
In April 2000, Spa cross-complained against SMBH for express and equitable indemnity, contribution, and declaratory relief. In May 2000, SMBH cross-complained against Spa for express and implied indemnity, breach of contract, declaratory relief and contribution. And in February 2001, Loews cross-complained against Spa for express and implied indemnity, declaratory relief, breach of contract, and contribution.
In March 2001, Spa filed a motion for summary judgment on plaintiff's complaint. Both Loews and SMBH filed a notice of joinder in such motion "on the basis that the release [of liability] signed by the Plaintiff in this action applies to both and [Loews and SMBH], thus all Defendants hold equivalent positions with respect to Plaintiff's claims." As noted above, SMBH is the owner of the hotel premises where plaintiff's injury occurred, and Loews is the manager of such premises. SMBH and Loews alleged in their joinder papers that plaintiff had signed a release which released not only Spa but also SMBH and Loews from liability to her.
A hearing on the summary judgment motion was held on March 29, 2001, at which time the motion was granted as to all three of the moving defendants. Judgment was signed and filed on April 30, 2001. Thereafter, plaintiff filed this timely appeal.
2. Factual Background
a. Relevant Terms of Plaintiff's Membership Agreement
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