BRUCE GARDNER, Plaintiff and Respondent, v. DOWNTOWN PORSCHE AUDI, Defendant and Appellant, 180 Cal. App. 3d 713

Summary

Appellant automobile repair garage challenged a judgment awarding damages to respondent car owner in an action for negligence. Respondent's car had been stolen while in appellant's care. On appeal, appellant conceded it was negligent, but claimed that respondent signed a form repair order which contained a disclaimer for liability for theft and that, therefore, it was not liable for failure to exercise due care. The reviewing court found that the attempted exemption from liability was against public policy and thus ineffective to excuse appellant's negligence. The reviewing court reasoned that under Cal. Civ. Code § 1668, an automobile repair garage could not exempt itself from liability even for ordinary negligence if the service it provided implicated the public interest. The reviewing court examined six characteristics typical of contracts affecting the public interest and determined that all six justified a finding that automobile repair contracts affect the public interest. Thus, ...