Anthony J. Ellrod and Ladell Hulet Muhlestein Score Double Appellate Win
Anthony J. Ellrod and Ladell Hulet Muhlestein obtained a double appellate win in Honeycutt v. Meridian Sports Club, LLC, 2014 Cal. App. LEXIS 1015. After the firm’s motion for summary judgment based on primary assumption of the risk and a written waiver was denied, Mr. Ellrod and Ms. Muhlestein filed a Writ Petition, and the Court issued an alternative Writ of Mandate directing the trial court to enter summary judgment in favor of Meridian or show cause why it should not. After the trial court entered judgment in favor of the sports club, pursuant to the appellate court’s alternative writ, the plaintiff appealed. The Court of Appeal affirmed the summary judgment in favor of the sports club. Upon Mr. Ellrod’s and Ms. Muhlestein’s request, the Court ordered the decision published. This opinion is significant because the court found as a matter of law that the acts attributed to the defendant did not rise to the level of gross negligence.