TENTATIVE RULING: Defendant's Motion to Stay is GRANTED.
There is another action by Defendant Daytona Power Corp. ("Daytona" or "Defendant") against Plaintiff The Hydro Company Inc. ("Hydro" or "Plaintiff"), Mr. Wait and Gowling WLG (Canada) LLP ("Gowling") currently pending in Alberta, Canada involving similar issues. The Alberta Court denied Plaintiff's application to the Alberta Court that it declare the Alberta Court has no jurisdiction to hear the dispute, or, alternatively (2) the Alberta Court is forum non conveniens. Plaintiff has appealed that decision. Defendant seeks to stay this action based on forum non conveniens.
Under CCP section 418.10(a), a defendant may move "[t]o stay or dismiss the action on the ground of inconvenient forum." (Code Civ. Proc., § 418.10(a)(2).) The Court may stay or dismiss the action where it finds that "in the interest of substantial justice an action should be heard in a forum outside this state." (Code Civ. Proc., § 410.30.) Defendant, as the
Hearing Date
September 17, 2020
Category
Civil - Unlimited
Type
Misc Complaints - Other
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TENTATIVE RULING: Defendant's Motion to Stay is GRANTED.
There is another action by Defendant Daytona Power Corp. ("Daytona" or "Defendant") against Plaintiff The Hydro Company Inc. ("Hydro" or "Plaintiff"), Mr. Wait and Gowling WLG (Canada) LLP ("Gowling") currently pending in Alberta, Canada involving similar issues. The Alberta Court denied Plaintiff's application to the Alberta Court that it declare the Alberta Court has no jurisdiction to hear the dispute, or, alternatively (2) the Alberta Court is forum non conveniens. Plaintiff has appealed that decision. Defendant seeks to stay this action based on forum non conveniens.
Under CCP section 418.10(a), a defendant may move "[t]o stay or dismiss the action on the ground of inconvenient forum." (Code Civ. Proc., § 418.10(a)(2).) The Court may stay or dismiss the action where it finds that "in the interest of substantial justice an action should be heard in a forum outside this state." (Code Civ. Proc., § 410.30.) Defendant, as the