Summary Judgment Initially Granted in Case Against Fitness Studio; Later Settled for Minimal Amount to Avoid Appeal
Los Angeles Superior Court initially granted summary judgment in favor of OLG’s clients, a fitness studio and one of their employees. Plaintiff alleged personal injuries resulting from a session with one of the employee of the fitness studio. The court granted summary judgment based on a liability waiver signed by the plaintiff and found that the exculpatory agreement and express assumption of risk clause barred plaintiff’s claims. Plaintiff filed a motion for reconsideration which, despite lacking new facts or law, the Court improperly granted. Under threat of a writ on the Court’s improper ruling on the motion for reconsideration, plaintiff immediately settled for a nominal amount that was significantly less than the cost of the writ.
Jinny Ahn Cain wrote the successful motion for summary judgment.