Case Management Conference
Motion to Dismiss or Stay
Defendant and Counter-Complainant California Scents, LLC’s Motion for an order dismissing or staying this action on the grounds of inconvenient forum is granted.
This action is dismissed upon condition that the defendant stipulate to accept service of process and not plead the statute of limitations, in an action brought by the plaintiff in the Pennsylvania.
The defendant argues that California is an inconvenient forum; that Pennsylvania is a more suitable forum, and the Court is authorized to dismiss or stay this action pursuant to California Code of Civil Procedure section 410.30(a). The court agrees.
Authorities:
Defendant bears the burden of proof, meaning defendant must provide the trial court with sufficient evidence to enable it to carry out its weighing and balancing analysis. National Football League v. Fireman’s Fund Ins. Co. (2013) 216 CA4th 902, 926-927, 933 fn. 15. There is a “strong presumption” in favor of a California resident plaintiff’s choice of forum. Id. A motion to dismiss or stay motion must be denied unless defendant establishes that California is a “seriously inconvenient” forum. Ford Motor Co. v. Insurance Co. of North America (1995) 35 CA4th 604, 611.
Plaintiff’s choice of forum will not be disturbed unless the court is convinced a “suitable” alternative forum exists (ie. one in which a valid judgment may be obtained against defendant) and the balance of private and public interest factors makes it “just” that the litigation proceed in the alternative forum. Stangvik v. Shiley Inc. (1991) 54 Cal. 3d 744, 751 – 752. An alternative forum is “suitable” if it has jurisdiction and an action in that forum will not be barred by the statute of limitations. Guimei v. General Elec. Co. (2009) 172 CA4th 689, 696.
Private interest factors such as access to sources of proof like parties, witnesses and location of physical evidence, relate to where the trial and enforcement of any judgment will be the most expeditious and least expensive. Stangvik v. Shiley Inc., supra, 54 Cal. 3d at 751. The public interest factors include protecting jurors from having to decide cases when local community has little concern and weighing the competing interests of California against those of the foreign state. Id.
Application:
The plaintiffs are California residents so there is a strong presumption in favor their choice of forum in California. Even in light of the presumption, the defendant has established that California is a seriously inconvenient forum for litigation of the Plaintiffs’ Complaint and Defendant’s Cross Complaint.
The Complaint alleges a cause of action for breach of contract based upon the defendant’s alleged failure to reimburse the plaintiffs for the cost to replace the roof on the Pennsylvania warehouse which was needed because the defendant allegedly failed to maintain the warehouse. The Defendant’s Cross-complaint alleges breach of contract based upon Plaintiffs’ failure to reimburse California Scents for its expenses from operating the warehouse facility in Pennsylvania.
The only activity relevant to the issues in this case that occurred in California was the execution of the original lease agreement between plaintiffs and their then solely owned LLC, California Scents, to rent a warehouse owned by the plaintiffs in Pennsylvania. None of the subsequent actions or inactions regarding the breach of the original lease agreement or the subsequent Amendment, which forms the basis for the cross complaint, occurred in or were connected to the state of California.
The sources of proof for both the complaint and cross complaint breach of contract claims are located in Pennsylvania. The witnesses to the maintenance or lack of maintenance are in Pennsylvania. The warehouse is physically located in Pennsylvania. The witnesses to the operating expenses incurred at the warehouse are in Pennsylvania. The witnesses to the need for and repairs made to the roof are in Pennsylvania. The jurors in Pennsylvania are more interested in resolution of this dispute since it involves repairs to local real property, operation of a local business and repair work performed by a local company.