BERCLAIN AMERICA LATINA v. BAAN CO., N.V.

No. A083600.

87 Cal.Rptr.2d 745 (1999)

74 Cal.App.4th 401

BERCLAIN AMERICA LATINA, S.A. de C.V., et al., Plaintiffs and Appellants, v. BAAN COMPANY N.V., et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Three.

July 27, 1999.


Attorney(s) appearing for the Case

Townsend and Townsend and Crew, Eugene Crew, Mark T. Jansen, Laura A. Peter, Erin E. Giacoppo, San Francisco, for Plaintiffs and Appellants.

Wilson, Sonsini, Goodrich & Rosati, Peter P. Chen, Palo Alto, Daniel W. Turbow, R. Craig Gordon, for Defendants and Respondents.


WALKER, J.

Appellants Berclain America Latina (BAL) and BBR Software e Consultoria (BBR) appeal the trial court's dismissal of their action against respondents Baan Company and Amal Johnson (Baan). The court dismissed the action based upon its finding that due to a contractual forum selection clause, jurisdiction for the action rests in Quebec, Canada. We hold that Baan, which was not a party to the agreement containing the forum selection clause, had no standing...

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