ANIMAL FILM, LLC, Plaintiff and Appellant, v. D.E.J. PRODUCTIONS, INC., et al., Defendants and Respondents., 193 Cal. App. 4th 466

Summary

All parties' principal places of business were in Los Angeles, California. A forum selection clause in the production agreement stated that the parties submitted and consented to the jurisdiction of the courts of Texas in any action relating to the agreement. Although a previous owner of the company that provided the financing had a Texas office, it was not a party to the action, and no evidence was presented to show that any witnesses or documents from Texas would be needed. The court held that the trial court abused its discretion under Code Civ. Proc., § 410.30, subd. (a), in staying the action because the forum selection provision in the agreement was only permissive and the balancing of the private and public interests strongly favored litigation in California. The forum selection clause merely provided for submission to jurisdiction in Texas and did not mandate litigation exclusively in Texas. The convenience of the parties, the witnesses, and the location of the evidence all ...