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Aug. 21, 2015
Keep California law when facing out-of-state choice-of-law provisions
An often overlooked footnote may permit a litigant to apply California law notwithstanding the presence of a contractual choice-of-law clause designating a foreign state. By Benjamin A. Gold
You, a California corporation, enter into a contract with NY Co., a New York corporation,
which includes a choice-of-law provision providing that the "agreement shall be governed
and construed in accordance with New York law." You believe NY Co. committed fraud
and made negligent misrepresentations in its dealings with you relating to the contract
and want to sue in Californ...
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