California’s interest in fair procedure, as embodied in its state constitutional right to a jury trial, is a fundamental policy of California which overrides the parties’ contract provision waiving the right to a jury trial even in a contract containing a New York choice of law clause. While the waiver is effective under New York law, when parties come to California to litigate, California’s interest in fair procedure trumps the otherwise valid choice of law clause.
California Court of Appeal, First District, Division 4 (Streeter, J.); January 31, 2017 (partial publication); 2017 WL 429267