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Winter v. Window Fashions Professionals (Cal. Ct. App. - Sept. 10, 2008)

By Shaun Martin

Here's yet another reason not to include in any contract you draft a clause -- whether relating to arbitration or anything else -- that says "X, but X may not be valid in California."

At least if you personally would like X to be the case, just say X. Whether X is enforceable or not, leave that a question for another day (and another forum). Because otherwise, by saying the rule is X but maybe non-X, you definitely won't get X.

So just say X.

Full post as published by California Appellate Report on September 11, 2008 (boomark / email).