Legal Question in Business Law in California
In my settlement agreement with the defendants there is a negotiated forum selection clause (mandatory not permissive) that required any complaint to be heard in the country the business is located. The defendants have now filed a complaint having to do with the agreement but not in the court that we agreed upon. We made a motion to dismiss based on the forum clause but the motion was denied. We then filed a change of venue motion that was granted. My question: Once the case is transferred to the correct court can we file a new motion to dismiss and argue the court that denied our motion was not the proper court to make the ruling?
1 Answer from Attorneys
No. As you have seen, failure to file in the correct court is grounds to move the case to the correct court, not grounds for dismissal. If you file a new motion to dismiss you will likely be sanctioned for filing a meritless motion.
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