APPALACHIAN INS. COMPANY v. SUPERIOR COURT

Docket No. B006743.

162 Cal.App.3d 427 (1984)

208 Cal. Rptr. 627

APPALACHIAN INSURANCE COMPANY, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; UNION CARBIDE CORPORATION, Real Party in Interest.

Court of Appeals of California, Second District, Division Four.

December 5, 1984.


Attorney(s) appearing for the Case

COUNSEL

Antin, Stern, Litz & Grebow, Arthur Grebow, Edward Gartenberg, Dickstein, Shapiro & Morin, Sidney Dickstein, Michael E. Nannes and Howard M. Schiffman for Petitioner.

No appearance for Respondent.

Kelley, Drye & Warren, Shigeru Watanabe and Bruce L. Ishimatsu for Real Party in Interest.


OPINION

WOODS, P.J.

The issue in this case is whether a defendant can raise the doctrine of forum non conveniens after having agreed by contract to submit to the jurisdiction of any court of competent jurisdiction which the plaintiff requests. We hold that the contractual provision does not preclude application of the doctrine of forum non conveniens, which is designed to protect both the interests of the litigants and the public...

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