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Forum Non Conveniens

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Doe v. Uber Technologies, Inc. (2024) 102 Cal.App.5th 1135

This decision affirms an order in coordinated suits against Uber by women allegedly assaulted by Uber drivers, staying suit in California on forum non conveniens grounds to allow the plaintiffs to sue instead in the states where the assaults allegedly occurred.  The trial court properly determined that those states were "suitable" forums based on Uber's stated willingness to stipulate to… Read More

St. Paul Fire & Marine Ins. . Co. . v. . Amerisourcebergen Corp. ., No. G059967, 2022 Cal. App. LEXIS 535 (Ct. App. June 20, 2022)

The trial court did not abuse its discretion in staying this case under CCP 410.30 on the ground of forum non conveniens.  The complaint sought a declaration regarding the plaintiffs' duty to defend and indemnify defendants under various insurance policies for opioid litigation brought against defendants throughout the country.  There was already an on-going coverage action involving plaintiff and defendant… Read More

Aghaian v. Minassian (2021)

A defendant may challenge an order denying his forum non conveniens motion on an appeal from a final judgment even though CCP 418.10 allows a petition for writ of mandate from the order, just as it permits such a petition from denial of a motion to quash the summons for lack of personal jurisdiction.  But unlike the personal jurisdiction objection… Read More

Wang v. Fang (2021)

The trial court did not abuse its discretion in granting defendant's forum non conveniens motion, but did err in dismissing the action rather than merely staying it.  The suit was by residents of China against a California resident regarding alleged misuse of funds donated to the defendant's charitable foundation for his personal benefit.  China was an available forum.  It was… Read More

Bushansky v. Soon-Shiong

by Jan T. Chilton |

Plaintiff’s shareholder derivative action against a corporation's executives and auditor in California was properly dismissed on forum non-conveniens grounds since corporation’s by-laws included a forum selection clause in favor of Delaware and auditor had consented to jurisdiction in Delaware. Read More

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.  Read More

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. Read More

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. Read More

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.  Read More