Motion to Dismiss or Stay
(Forum Non Conveniens) (CA)

This template is a defendant's motion and notice of motion to dismiss or stay a civil action in California superior court for forum non conveniens (also called inconvenient forum), based either on the traditional equitable doctrine of forum non conveniens or on a forum selection agreement between the parties. This template includes practical guidance, drafting notes, and alternate clauses. This template may be used to request dismissal or stay of an action for forum non conveniens either: • Before expiration of the time to respond to the complaint (usually 30 days after service of the complaint and summons), under Cal. Code Civ. Proc. § 418.10 –or– • After the defendant has made a general appearance (e.g., by answering or demurring to the complaint), under Cal. Code Civ. Proc. § 410.30 The motion should comply with the general format and procedures applicable to noticed motions. See Cal. Rules of Ct., Rules 2.100 et seq., 3.1100 et seq. Thus, the motion should: • Identify the party or parties bringing the motion • Name the parties to whom it is addressed • Briefly state the basis for the motion and the relief sought (i.e., dismissal or stay of the action for forum non conveniens) • Specify the alternate forum in which the case should be heard See Cal. Rules of Ct., Rules 3.1110(d)(1)–(3); Cal. Code Civ. Proc. §§ 410.30(a), 418.10(a)(2). In addition, the motion must be accompanied by: • A notice of hearing on the motion • A supporting memorandum setting forth the defendant's legal arguments and authorities supporting the contention that the action should be dismissed or stayed • As needed, one or more affidavits or declarations setting forth any factual matters needed to support the motion • If applicable, a copy of the forum selection agreement between the parties See Cal. Rules of Ct., Rules 3.1112(a), (b), 3.1113, 3.1115. Note that if the motion is brought within the time for responding to the complaint under Cal. Code Civ. Proc. § 418.10, the notice of motion must designate a hearing date that is not more than 30 days after the filing of the notice. Cal. Code Civ. Proc. § 418.10(b). This template combines the motion and notice of motion in a single document, which is a common practice and permitted by the rules. Some attorneys prefer to combine the supporting memorandum and declarations in the same document with the motion and notice of motion, which is also permitted. If any of the moving papers are combined in a single document, the caption of the combined document should separately specify the documents that are included in that document. See Cal. Rules of Ct., Rule 3.1112(c). For a full listing of key content covering motion practice in California state court litigation, see Motion Practice Resource Kit (CA). For full discussion of the procedures and format requirements for noticed motions generally, including requirements for the supporting memorandum, see Motion Practice: Drafting, Serving, and Filing Noticed Motions (CA). See also Formatting Rules in Court Checklist (CA). The motion should be filed with the court and served on all other parties who have appeared in the case within the time provided for noticed motions under Cal. Code Civ. Proc. § 1005(b) and Cal. Code Civ. Proc. § 1010.6(a)(4)(B) (for electronic service). See Cal. Rules of Ct., Rule 3.1300(a); Cal. Code Civ. Proc. § 1014. For discussion of filing and service procedures, see Filing and Serving Documents Other Than Initial Complaint and Summons (CA). For a full listing of key content covering fundamental civil litigation tasks throughout a California state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (CA). For additional discussion of non conveniens motions, see Motion to Dismiss or Stay for Forum Non Conveniens: Making and Opposing the Motion (CA).