12. Glenair, Inc. v. Amphenol Corporation
EC065871
Motion of defendants Amphenol Corporation and Fiber Systems International, Inc. to stay or dismiss claims of plaintiffs Glenair, Inc., Michael Dabrowski on the grounds of inconvenient forum (CCP § 418.10(a)(2)) and in the interest of substantial justice (CCP § 410.30(a)) is denied.
Moving parties bear the burden to prove that the action should be tried elsewhere. Plaintiffs’ choice of forum will not be disturbed unless the court is convinced that (a) a suitable alternative forum exists; and (b) the balance of private and public interest factors make it just that the litigation proceed in the alternative forum. Stangvik v. Shiley, Inc. (1991) 54 Cal.3d 744, 751. To establish that a suitable alternative forum exists, defendant must show that all defendants are subject to jurisdiction in the alternative forum or are willing to submit to jurisdiction there. American Cemwood Corp. v. American Home Assurance Co. (2001) 87 Cal.App.4th
Hearing Date
January 27, 2017
Type
Other Contract (General Jurisdiction)
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12. Glenair, Inc. v. Amphenol Corporation
EC065871
Motion of defendants Amphenol Corporation and Fiber Systems International, Inc. to stay or dismiss claims of plaintiffs Glenair, Inc., Michael Dabrowski on the grounds of inconvenient forum (CCP § 418.10(a)(2)) and in the interest of substantial justice (CCP § 410.30(a)) is denied.
Moving parties bear the burden to prove that the action should be tried elsewhere. Plaintiffs’ choice of forum will not be disturbed unless the court is convinced that (a) a suitable alternative forum exists; and (b) the balance of private and public interest factors make it just that the litigation proceed in the alternative forum. Stangvik v. Shiley, Inc. (1991) 54 Cal.3d 744, 751. To establish that a suitable alternative forum exists, defendant must show that all defendants are subject to jurisdiction in the alternative forum or are willing to submit to jurisdiction there. American Cemwood Corp. v. American Home Assurance Co. (2001) 87 Cal.App.4th