Articles Posted in California Courts of Appeal

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A father objected to a California court order confirming the registration of an Italian child and spousal support order pursuant to the Uniform Interstate Family Support Act (UIFSA). On appeal, Father argued the trial court: (1) “misallocated to Father the burden of proving that Italy is not a state under UIFSA,” (2) “improperly deprived Father of an evidentiary hearing to refute the notion that Italy is such a state,” (3) “erroneously refused to render a statement of decision,” and (4) “erred as a matter of law in concluding that Italy is a state under UIFSA.” Finding no merit to these contentions, the Court of Appeal affirmed the trial court’s order. View "Cima-Sorci v. Sorci" on Justia Law

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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