Whitehead

Opinion of the Court by Evans, J.

Civil Code section 1668 renders unlawful any contract that seeks, “directly or indirectly, to exempt any one from responsibility for his own fraud, or willful injury to the person or property of another, or violation of law, whether willful or negligent.” In this case, plaintiff Ty Whitehead alleges he suffered a serious head injury during a bicycle training ride for a charity fundraiser because defendant City of Oakland (the City) breached its statutory duty under Government Code section 835 to maintain a safe roadway for public use. The trial court granted summary judgment to the City, and the Court of Appeal affirmed, on the basis of a release and waiver of liability that Whitehead signed on the morning of the training ride. The release and waiver included a provision discharging the ride organizers, as well as any public entities providing facilities for the ride, from any liability for negligence. We conclude that such a release is “against the policy of the law” under Civil Code section 1668 (section 1668) to the extent it purports to relieve the City of liability for negligently violating a statutory duty relating to public safety. We…