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HEALTH NET v. DEPARTMENT OF HEALTH SERVICES

No. C041197

6 Cal.Rptr.3d 235 (2003)

113 Cal.App.4th 224

HEALTH NET OF CALIFORNIA, INC., Plaintiff and Appellant, v. DEPARTMENT OF HEALTH SERVICES et al., Defendants and Respondents.

Court of Appeals of California, Third District

Review Denied March 3, 2004.

Attorney(s) appearing for the Case

Pillsbury Winthrop, Greg L. Johnson, John S. Poulos, Sacramento, and Christopher R. Rodriguez for Plaintiff and Appellant.

Bill Lockyer, Attorney General, James M. Humes, Senior Assistant Attorney General, Thomas R. Yanger, Supervising Deputy Attorney General, Barbara Haukedalen, Deputy Attorney General, for Defendants and Respondents.

KOLKEY, J.

Civil Code section 1668 provides: "All contracts which have for their object, directly or indirectly, to exempt anyone from responsibility for his own fraud ... or violation of law, whether willful or negligent, are against the policy of the law."1

In this case, we are called upon to resolve whether section 1668 invalidates a contractual clause that prohibits any recovery...

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