Grant request to dismiss for form non conveniens as to Defendant Smith; motion to quash as to Defendant Smith is moot. Defendants move the court to dismiss or stay this action based on the doctrine of forum non conveniens. Defendant Murphy waived the right to raise this issue under Code of Civil Procedure section 418, subdivision (e)(3), so the Court considers this request on the motion of Defendant Smith. “The doctrine of forum non conveniens is rooted in equity. It allows a court to decline to exercise its jurisdiction over a case when it determines that the case ‘may be more appropriately and justly tried elsewhere.’ [Citation.] The Legislature endorsed the application of this principle by enacting section 410.30, which states, in subdivision (a), ‘When a court upon motion of a party or its own motion finds that in the interest of substantial justice an action should be heard in a forum outside this state, the court shall stay or dismiss the action in whole or in part on any conditi
Hearing Date
June 15, 2020
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Grant request to dismiss for form non conveniens as to Defendant Smith; motion to quash as to Defendant Smith is moot. Defendants move the court to dismiss or stay this action based on the doctrine of forum non conveniens. Defendant Murphy waived the right to raise this issue under Code of Civil Procedure section 418, subdivision (e)(3), so the Court considers this request on the motion of Defendant Smith. “The doctrine of forum non conveniens is rooted in equity. It allows a court to decline to exercise its jurisdiction over a case when it determines that the case ‘may be more appropriately and justly tried elsewhere.’ [Citation.] The Legislature endorsed the application of this principle by enacting section 410.30, which states, in subdivision (a), ‘When a court upon motion of a party or its own motion finds that in the interest of substantial justice an action should be heard in a forum outside this state, the court shall stay or dismiss the action in whole or in part on any conditi