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The California Supreme Court has ruled that...
a release of liability for future gross negligence in the context of recreational activities is invalid. This brings California in harmony with the majority of out-of-state jurisdictions who have the same rule that it is against public policy to shelter one from liability for his aggravated conduct. The Supreme Court decided not to address the issue of whether or not the release was valid as to any form of negligence.
Also, the Court implied that the law regarding the validity of a parent’s waiver of ordinary negligence that causes his or her minor child injury may be subject to change noting that in a majority of states a parent may not release a minor’s prospective claim for negligence.
City of Santa Barbara v. The Superior Court of Santa Barbara Count
Respondent; Terral Janeway, Real Party In Interest (7/16/2007) 41 Cal 4th 747
An exculpatory clause purporting to release a fitness club of liability for negligence does not bar an action for negligence that is a violation of a safety statute or regulation. Thus, even if a person signed a waiver releasing a fitness club of liability for its own negligence, that waiver will not bar an action when the injured person was hurt because the fitness club violated a safety regulation such as an OSHA regulation.
Capri v. L.A. Fitness International, LLC (2006) 136 Cal. App. 4th 1078
In July 2007, the California Chamber of Commerce began urging businesses to immediately comply with posting of the new federal minimum wage poster even though California’s minimum wage is higher than its federal counter part. Calchamber.com
"A judgment in California may be renewed within tens years of its entry. The 10 year statute of limitations on a stipulated judgment begins to run when the trial court enters the stipulated judgment. If a renewal occurs after that 10 year period, the judgment is not enforceable; and, any action to enforce that judgment must be dismissed."
The Cadle Company II, Inc. v. Sundance Financial, Inc. (2007) 154 Cal. App. 4th 622
The ten year statute of limitations to renew a stipulated judgement runs from the entry of judgment rather than from when the time to appeal has expired.
a release of liability for future gross negligence in the context of recreational activities is invalid. This brings California in harmony with the majority of out-of-state jurisdictions who have the same rule that it is against public policy to shelter one from liability for his aggravated conduct. The Supreme Court decided not to address the issue of whether or not the release was valid as to any form of negligence.
Also, the Court implied that the law regarding the validity of a parent’s waiver of ordinary negligence that causes his or her minor child injury may be subject to change noting that in a majority of states a parent may not release a minor’s prospective claim for negligence.
City of Santa Barbara v. The Superior Court of Santa Barbara Count
Respondent; Terral Janeway, Real Party In Interest (7/16/2007) 41 Cal 4th 747
An exculpatory clause purporting to release a fitness club of liability for negligence does not bar an action for negligence that is a violation of a safety statute or regulation. Thus, even if a person signed a waiver releasing a fitness club of liability for its own negligence, that waiver will not bar an action when the injured person was hurt because the fitness club violated a safety regulation such as an OSHA regulation.
Capri v. L.A. Fitness International, LLC (2006) 136 Cal. App. 4th 1078
In July 2007, the California Chamber of Commerce began urging businesses to immediately comply with posting of the new federal minimum wage poster even though California’s minimum wage is higher than its federal counter part. Calchamber.com
"A judgment in California may be renewed within tens years of its entry. The 10 year statute of limitations on a stipulated judgment begins to run when the trial court enters the stipulated judgment. If a renewal occurs after that 10 year period, the judgment is not enforceable; and, any action to enforce that judgment must be dismissed."
The Cadle Company II, Inc. v. Sundance Financial, Inc. (2007) 154 Cal. App. 4th 622
The ten year statute of limitations to renew a stipulated judgement runs from the entry of judgment rather than from when the time to appeal has expired.
