Fox Factory, Inc. v. Superior Court

The Sixth Appellate District directed the superior court to reconsider its denial of a motion to dismiss or stay a personal injury lawsuit under the doctrine of forum non conveniens. The suit was filed by a Canadian citizen and resident of British Columbia against Fox, a California corporation that manufactures bicycle parts. The plaintiff was injured while mountain biking in Canada on a custom-built bicycle that included parts manufactured by Fox. The plaintiff filed another court action in Vancouver, naming other defendants. Fox argued that British Columbia, where the Canadian case was ongoing, was a suitable forum because plaintiff was a British Columbia resident, the accident took place in British Columbia, and all relevant evidence, medical personnel, and percipient witnesses were located there. Fox believed it was at an unfair disadvantage because it had no way to compel the appearance of crucial Canadian witnesses, and that the cases should be tried together to prevent piecemeal litigation. Fox stipulated that it would subject itself to jurisdiction in British Columbia. The superior court applied the “seriously inconvenient forum” standard in denying Fox’s motion. The court of appeal stated “a foreign, noncitizen plaintiff’s choice of forum is entitled to less deference.” View "Fox Factory, Inc. v. Superior Court" on Justia Law