Ayco Farms, Inc. v. Ochoa

Dismissal on forum non conveniens grounds affirmed in suit by Florida corporation against to residents of Mexico over contract to raise crops in Mexico; neither party was a California resident and Mexico had a greater interest in adjudicating the dispute.  The district court did not abuse its discretion in dismissing this action by a Florida…

Fox Factory, Inc. v. Superior Court

In analyzing a defendant’s forum non conveniens motion in a suit brought in California by a plaintiff who is not a California resident, the plaintiff’s choice of forum is entitled to little deference. Following Stangvik v. Shiley, Inc. (1991) 54 Cal.3d 744 and National Football League v. Fireman’s Fund Ins. Co. (2013) 216 Cal.App.4th 902…

DisputeSuite.com, LLC v. ScoreInc.com

If a suit is dismissed on forum non conveniens grounds, the defendant is not entitled to an attorney fee award as the prevailing party, at least if the plaintiff can and does re-file suit in the other forum. The dismissal of a breach of contract complaint for forum non conveniens (based on a forum selection clause…

In re Orange, S.A.

Mandate was denied because it was not clear that the contractual forum selection clause applied to the claims plaintiff alleged and because the only harm petitioner would suffer by raising the issue on a normal post-judgment appeal was the cost of the trial proceedings.  This decision denies a writ of mandate to defendant finding it…