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  5. 39 Cal.Rptr.3d 425 (2006)
 

CAPRI v. L.A. FITNESS INTERN., LLC

No. B181446.

39 Cal.Rptr.3d 425 (2006)

136 Cal.App.4th 1078

Reoven CAPRI, Plaintiff and Appellant, v. L.A. FITNESS INTERNATIONAL, LLC, Defendant and Respondent.

Court of Appeals of California, Second District, Division Four.

February 15, 2006.

Attorney(s) appearing for the Case

Hanger, Levine & Steinberg and Jody Steinberg, Woodland Hills, for Plaintiff and Appellant.

Manning & Marder Kass Ellrod Ramirez, Anthony J. Ellrod, Allison G. Vasquez and Sylvia Havens, Los Angeles, for Defendant and Respondent.

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...

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