PELLETIER v. ALAMEDA YACHT HARBOR

Docket No. A031458.

188 Cal.App.3d 1551 (1986)

230 Cal. Rptr. 253

JACK PELLETIER et al., Plaintiffs and Appellants, v. ALAMEDA YACHT HARBOR et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Five.

September 24, 1986.


Attorney(s) appearing for the Case

COUNSEL

Paul N. Halvonik, Deborah Halvonik and Halvonik & Halvonik for Plaintiffs and Appellants.

Ernest N. Reddick, Richard C. Wootton and Derby, Cook, Quinby & Tweedt for Defendants and Respondents.


OPINION

KING, J.

In this case we hold that (1) a contractual provision purporting to exculpate a yacht harbor from tort liability to a boat owner was void by statute because it involved the public interest, and (2) stipulated judgment of unlawful detainer had no collateral estoppel effect as to a subsequent cause of action for retaliatory eviction.

Jack and Mary Ann Pelletier appeal from a judgment in their action against...

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