Forum Selection Clauses Not Always Enforced.

After more than 19 months of litigation in California, the defendant/lender moved to dismiss or stay the lawsuit based on a forum selection clause that required the plaintiff/borrower to sue in Illinois.  The Court of Appeal found that Civ.Proc. §410.30 does not permit a motion to be made at any time, and that such clauses may be given effect “in the court’s discretion and in the absence of a showing that enforcement of such a clause would be unreasonable.”  Here the court found enforcement unreasonable.  Trident Labs, Inc. v. Merrill Lynch  (Cal. App. Second Dist., Div. 8;  October 26, 2011) 200 Cal.App.4th 147, [132 Cal.Rptr.3d 551].