Chevron Products Company v. Advanced Corrosion Technologies & Training, LLC

I. BACKGROUND

20 A. Underlying Contract 21 Chevron owns and operates the Chevron Richmond Refinery in Contra Costa County, 22 California. See Compl. (dkt. 1) ¶ 5. On August 1, 2017, Chevron entered into a contract with 23 ACTT in which ACTT “was required to perform non-destructive Positive Material Identification 24 (“PMI”) inspection services on piping circuits” at the refinery. Id. ¶ 6; Mot. (dkt. 23) Ex. A. The 25 purpose of these inspections was to “verify the chemical composition of metal alloys” and to 26 “prevent industrial accidents and maintain safety.” Compl. ¶ 6; Mot. at 3. The contract also 27 contained a provision limiting liability. It states: 1 In no event shall either Party be liable for, and each Party shall release the other Party from 2 and against, any punitive damages, exemplary damages, loss of profits, loss of opportunity, or loss of production which may be suffered by such Party in connection with the performance of this Contract; provided that third party damages subject to indemnification under this Contract will not be limited by this Section 7.4. Mot. Ex. A at 32. Chevron “paid ACTT approximately…