ROTHENBERG, Judge.
DVDPlay, Inc. ("DVDPlay") appeals a non-final order denying its motion to dismiss for improper venue. As the agreement between the parties contains a forum selection clause which mandates that any dispute be litigated in California, and we conclude that the forum selection clause survives either party's failure to perform under the agreement, we reverse.
DVDPlay, a Delaware corporation with its principal place of business in California,...
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