that the disclaimer was significant because the print of the disclaimer is not of sufficient type size. - Moreover, Ramage did not construe his signature on the booking form as acceptance of waiver of GET from liability to warrant injury-free ground travel. Ramage also claims that GET impliedly warranted injury-free ground travel. Implied warranty for consumer goods may not be waived except when the seller, by instrument of conspicuous .writing to the buyer, communicates that the product is “as is” or “with all faults.” Cal.Civ.Code § 1792.4. Second, Ramage argues that the standard for summary judgment is whether there is a triable issue as to any material fact. Cal.Civ. Pro.Code § 437(e); Molko v. Holy Spirit Association, 46 Cal.3d 1092, 1107, 252 Cal.Rptr. 122, 762 P.2d 46 (1988) (<HOLDING>); Versa Technologies, Inc. v. Superior Court,
holding that a verified complaint is treated as an affidavit for summary judgment purposes and considered in determining whether material issues of fact exist holding that a probable cause determination is appropriate for summary judgment where there are no genuine issues of material fact and no credibility issues holding that matters of statutory construction are questions of law for the court to decide rather than issues of fact holding that the function of the trial court on a motion for summary judgment is to determine whether issues of fact exist and not to decide the merits of the issues themselves holding that on a motion for summary judgment the court cannot try issues of fact it can only determine whether there are issues to be tried