Pereda v. Atos Jiu Jitsu LLC
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A 49-year-old jiu-jitsu student injured during a sparring match sued the studio where he was taking lessons as well as the national jiu-jitsu association under whose auspices the studio’s students could compete. The trial court granted summary judgment for the national association (as well as the association’s founder) on the ground that the association was not liable for the student’s injury because it had no actual control over the studio’s sparring practices and the association’s conduct did not give rise to a reasonable belief in the student that it had such control. The student appealed. His appeal raises two questions, one procedural and one substantive.
The Second Appellate District affirmed. The court found that the trial court did not violate the student’s right to due process by granting summary judgment on the issue of lack of control, when it was the student who first explicitly raised and briefed that issue in his opposition to summary judgment. Further, the court found that the student’s belief that the association had control over the studio’s sparring practices was not “reasonable” by virtue of the franchise-type relationship between the association and studio.
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