Gardner

This case raises an issue common in daily life yet one which has received almost no attention in California appellate decisions. May an automobile repair garage avoid liability for its negligence by having car owners sign a waiver form when they leave their cars with the garage? In this opinion, we hold they cannot and affirm the judgment below.

Facts and Proceedings Below

In late June 1978, respondent Bruce Gardner (Gardner) took his 1976 Porsche 911 automobile to be repaired at appellant Downtown Porsche Audi (Downtown). The record on appeal suggests Gardner signed a form repair order bearing the disclaimer “Not Responsible for Loss or Damage to Cars or Articles Left in Cars in Case of Fire, Theft or Any Other Cause Beyond Our Control . ’ ’ For purposes of this appeal, Downtown concedes it was negligent in the care and safekeeping of Gardner’s vehicle. While it was parked in the repair garage someone stole the 1976 Porsche. Gardner sued Downtown for failing to redeliver this car.

On September 16, 1983, the case was tried before a judge. Judgment was entered on December 14, 1983, awarding Gardner $16,000 plus costs. Downtown filed a notice of appeal on December 31,…