California Supreme Court Watch

#24-81 Whitehead v. City of Oakland, S284303. (A164483; 99 Cal.App.5th 775; Alameda County Superior Court; RG18896233.) Petition for review after the Court of Appeal affirmed the judgment in a civil action. This case presents the following issue: Does a liability release agreement between a bicyclist and the organizer of a recreational bicycle ride extend to the alleged negligent maintenance of a public road by a municipality named in the agreement but not a party to it?

Petition for review granted: 5/15/2024

Case fully briefed (primary merits briefs): 11/04/2024

Supplemental briefing ordered: 11/20/2024

The court requested supplemental briefing on the following issue: Does the release in this case extend to a claim that the City of Oakland violated Government Code section 835 et seq., in light of Civil Code section 1668, which provides in relevant part that “[a]ll contracts which have for their object, directly or indirectly, to exempt anyone from responsibility for his own . . . violation of law, whether willful or negligent, are against the policy of the law”? (Cf. City of Santa Barbara v. Superior Court (2007) 41 Cal.4th 747, 763 [Tunkl v. Regents of University of California (1963) 60 Cal.2d 92 “found a release of liability for future ordinary negligence void on public policy grounds other than those set forth in section 1668”].)

See the Court of Appeal Opinion.