Pelletier

In this case we hold that (1) a contractual provision purporting to exculpate a yacht harbor from tort liability to a boat owner was void by statute because it involved the public interest, and (2) stipulated judgment of unlawful detainer had no collateral estoppel effect as to a subsequent cause of action for retaliatory eviction.

Jack and Mary Ann Pelletier appeal from a judgment in their action against Alameda Yacht Harbor (AYH) for negligence and retaliatory eviction. They challenge the court’s rulings that (1) a contractual exculpation clause insulated AYH from liability for negligence, and (2) the cause of action for retaliatory eviction was precluded by collateral estoppel. We reverse.

On January 27, 1977, Jack Pelletier signed an agreement with AYH for the lease of a covered berth for a boat which he intended to restore. The lease agreement contained a broad exculpation clause purporting to absolve AYH of liability for any damage to the boat. The clause provided in full: “This agreement is for rental of space only, such space is to be used at the sole risks of the Licensee of said vessel, and the Licensor shall not be liable or responsible for the care or…