McCarn

In this case we uphold the validity of a limitation of liability provision in a contract for telephone directory classified advertising, rejecting the claim that it violates the public policy against releases for negligence in contracts involving the public interest. We affirm a dismissal ordered after summary judgment was granted against plaintiffs Cynthia and Michael McCarn and in favor of defendant Pacific Bell Directory (Directory).

The McCams operate a plumbing business which agreed to advertise in the Directory’s “yellow pages” for Sonoma County North and Sonoma County South. They seek damages for the loss of business ensuing when the advertisement failed to appear in the Sonoma County North directory.

Cynthia McCam signed a standard preprinted Directory advertising agreement. The contract consists of two pages. On the reverse (nonsignature) side of each page the terms and conditions were printed, including, in boldface type and all capitals, the following:

On the signature side of each page is an additional notice, printed in red ink (the rest of the printed language is blue) and in bold capitals:

McCarn contends the attempted limitation of the Directory’s…