California Court of Appeal

Summary judgment in favor of defendant on plaintiff's claim for personal injury damages arising out of her fall in defendant's locker room, and the trial court's order denying plaintiff's motion to tax costs are affirmed, where: 1) the trial court did not err in holding that plaintiff had assumed the risk of harm in use of the health club facilities and that her contract with defendant included a valid release of liability; and 2) the trial court properly denied plaintiff's motion to tax costs because the jury fee was a reasonable litigation expense and was recoverable, and obtaining business records through a deposition subpoena is a "deposition" within the plain meaning of the Civil Discovery Act.

Appellate Information

• Decided 06/27/2014
• Published 06/27/2014

Judges

• BRUINIERS

Court

• California Court of Appeal

Counsel