Second Judge’s Order Dismissing Action On Ground Of Forum Non Conveniens Affirmed After First Judge Denied Same Motion.

Dismissing Action On Ground Of Forum Non Conveniens

Just prior to retiring, the first judge denied a motion to stay or dismiss an action on the ground of forum non conveniens in a product liability case. A second judge granted the same motion when it was renewed. Plaintiffs appealed, contending the second judge erred by reconsidering without finding the earlier order was erroneous and that the second judge abused judicial discretion. The appellate court affirmed the order of the second judge, stating:  “Under the plain language of [Code of Civil Procedure] section 410.30, subdivision (a), as recognized in Britton [Britton v. Dallas Airmotive, Inc. (2007) 153 Cal.App.4th 127, [62 Cal.Rptr.3d 487]], [the second judge] had the authority to reconsider on her own motion whether California was a convenient forum. Williamson v. Mazda Motor of America, Inc. (Cal. App. Fourth Dist., Div. 3; December 26, 2012) 212 Cal.App.4th 449.