American Structural Composites, Inc. v. ICBO Evaluation Services, Inc.

MEMORANDUM **

American Structural Composites, Inc. (ASC) appeals from the district court’s summary judgment in favor of International Conference of Building Officials (ICBO) and ICBO Evaluations Services, Inc. (ICBO-ES). We have jurisdiction under 12 U.S.C. § 1291 , and we affirm.

I.

ASC first contends that a release clause in the ICBO-ES’s preprinted form application (Application) is unenforceable because it violates California public policy. Paragraph 12.f. of the Application provides:

California law governs the release clause due to a choice-of-law provision in the Application. Under California law, “All contracts which have for their object, directly or indirectly, to exempt anyone from responsibility for his own fraud, or willful injury to the person or property of another, or violation of law, whether willful or negligent, are against the policy of the law.” Cal. Civ.Code § 1668. The California courts, including the State Supreme Court, have interpreted the provision to permit contractual exculpatory provisions so long as they do “not involve ‘the public interest.’ ” Tunkl v. Regents of Univ. of Cal., 60 Cal.2d 92, 96 , 32 Cal.Rptr. 33 , 383 P.2d 441 (1963).

To…