California Supreme Court Watch

#26-82 Performance Marketing LLC v. Thor Motor Coach, S295827. (B336862; nonpublished opinion; Los Angeles County Superior Court; 23NWCV01672.) Petition for review after the Court of Appeal reversed an order in a civil action. The court ordered briefing in Diaz and Performance Marketing 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: 5/13/2026

See the Court of Appeal Opinion.