(Download) "People v. Morgan" by Fifth Appellate District Court of Appeal of California ~ Book PDF Kindle ePub Free
eBook details
- Title: People v. Morgan
- Author : Fifth Appellate District Court of Appeal of California
- Release Date : January 29, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
The doctrine of inconvenient forum which permits an action to be removed to another state or country for trial is "by its nature a drastic remedy to be exercised. .. with caution and restraint." (Bechtel Corp. v. Industrial Indem. Co. (1978) 86 Cal. App. 3d 45, 49 [150 Cal. Rptr. 29].) Where the plaintiff is a resident of this state and decides to sue here the trial court cannot dismiss the action. (Archibald v. Cinerama Hotels (1976) 15 Cal. 3d 853, 859 [126 Cal. Rptr. 811, 544 P.2d 947].) Even where the plaintiff is out of state, but willing to shoulder the burden of inconvenience and additional expense of litigation in California, the motion to dismiss should be denied if plaintiff claims defendants are companies incorporated in California, maintain their principal place of business here, and conduct themselves here so as to cause injuries to others in another state. (Brown v. Clorox Co. (1976) 56 Cal. App. 3d 306, 313 [128 Cal. Rptr. 385].) Even