California Supreme Court Watch

#25-301 Pelascini v. Airstream, Inc., S291386.  (A169686; nonpublished opinion; Solano County Superior Court; CU2301803.)  Petition for review after the Court of Appeal reversed an order in a civil action and remanded with directions.  The court ordered briefing deferred pending decision in Lathrop v. Thor Motor Coach, Inc., S287893 (#25-12), which presents the following issues:  (1) Where a party alleges that enforcement of a forum selection clause would result in a waiver of the party’s unwaivable statutory rights, what is the showing necessary to enforce (or avoid enforcement) of such a clause, and which party bears the burden of proof on the issue?  (2) Under what circumstances, if any, does a stipulation to apply California law in the selected forum rebut an allegation that enforcement of a forum selection clause would result in a waiver of a party’s unwaivable statutory rights?  (3) If enforcement of a choice of law clause would result in a waiver of a party’s unwaivable statutory rights, is the choice of law clause severable from the remainder of the agreement?

Petition for review granted; briefing deferred: 9/17/2025

See the Court of Appeal Opinion.