California Supreme Court Watch

#24-23 New England Country Foods, LLC v. Vanlaw Food Products, Inc., S282968. (9th Cir. No. 22-55432; 87 F.3d 1016; Central District of California; D.C. No. 8:21-cv01060-DOC-ADS.) Request under California Rules of Court, rule 8.548, that this court decide a question of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit. The question presented is: “Is a contractual clause that substantially limits damages for an intentional wrong but does not entirely exempt a party from liability for all possible damages valid under California Civil Code [s]ection 1668?”

Request for certification granted: 2/14/2024

Case fully briefed: 5/06/2024

Cause argued and submitted: 2/05/2025

Opinion filed: 4/24/2025

See the Ninth Circuit, Court of Appeals Opinion.

See the Ninth Circuit’s Request to Answer Question of State Law.

See the Oral Argument.

See the California Supreme Court Opinion.  (New England Country Foods v. Vanlaw Food Products (2025) __ Cal.5th __.)

“The United States Court of Appeals for the Ninth Circuit asked us whether a contract clause that substantially limits damages for intentional wrongdoing is invalid under section 1668. We hold that a limitation on damages for willful injury to the person or property of another is invalid under section 1668.”

Justice Liu authored the opinion of the Court, in which Chief Justice Guerrero and Justices Corrigan, Kruger, Groban, Jenkins, and Evans concurred.