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LEWIS OPERATING CORP. v. SUPERIOR COURT

No. E052317.

200 Cal.App.4th 940 (2011)

LEWIS OPERATING CORPORATION et al., Petitioners, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; JOHN COSTAHAUDE, Real Party in Interest.

Court of Appeals of California, Fourth District, Division Two.

November 10, 2011.

Attorney(s) appearing for the Case

LaMontagne & Terhar, Michael J. Terhar and Eric A. Amador for Petitioners.

No appearance for Respondent.

Law Offices of Brad Husen and Brad J. Husen for Real Party in Interest.

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...

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