ANIMAL FILM, LLC v. D.E.J. PRODUCTIONS, INC.
Filed 2/23/11; pub. order 3/11/11 (see end of opn.)
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION ONE
| ANIMAL FILM, LLC, Plaintiff and Appellant, v. D.E.J. PRODUCTIONS, INC. et al., Defendants and Respondents. | B222994 (Los Angeles County Super. Ct. No. BC421560) |
APPEAL from an order of the Superior Court of Los Angeles County. Susan Bryant-Deason, Judge. Dismissal order vacated; order granting forum non conveniens motion and staying action reversed. Motion requesting judicial notice denied.
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Law Offices of Dennis Holahan and Dennis J. Holahan for Plaintiff and Appellant.
Costa Abrams & Coate, Charles M. Coate and Darius Anthony Vosylius for Defendants and Respondents.
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Appellant Animal Film, LLC (Animal) sued respondents D.E.J. Productions, Inc. (DEJ) and First Look Studios, Inc. (First Look) in Los Angeles County Superior Court for contract damages and an accounting related to the production of a motion picture. Based on a clause in the production agreement providing that Texas law governs the parties' rights and stating that the parties submit to jurisdiction in Texas, DEJ and First Look moved to stay or dismiss the action on forum non conveniens grounds, arguing that Texas is the proper forum for the case to be tried. The trial court agreed, first staying the action so Animal could file it in Texas and later dismissing it. We reverse, concluding that the Texas forum selection clause in the production agreement is permissive, not mandatory, and that the trial court erred in determining under forum non conveniens principles that the action should be tried in Texas.
FACTUAL AND PROCEDURAL BACKGROUND
1. Animal's Complaint
Animal, a California limited liability company with its principal place of business in Los Angeles, filed a complaint on September 10, 2009, in Los Angeles County Superior Court for breach of contract, breach of the implied covenant of good faith and fair dealing, and an accounting against DEJ and First Look, both Delaware corporations whose undisputed principal places of business are in Los Angeles.
According to the complaint, on September 24, 2004, Animal and DEJ entered into a written production agreement for the acquisition, financing, production, and distribution of a feature film titled â€
| Description | Appellant Animal Film, LLC (Animal) sued respondents D.E.J. Productions, Inc. (DEJ) and First Look Studios, Inc. (First Look) in Los Angeles County Superior Court for contract damages and an accounting related to the production of a motion picture. Based on a clause in the production agreement providing that Texas law governs the parties' rights and stating that the parties submit to jurisdiction in Texas, DEJ and First Look moved to stay or dismiss the action on forum non conveniens grounds, arguing that Texas is the proper forum for the case to be tried. The trial court agreed, first staying the action so Animal could file it in Texas and later dismissing it. We reverse, concluding that the Texas forum selection clause in the production agreement is permissive, not mandatory, and that the trial court erred in determining under forum non conveniens principles that the action should be tried in Texas. |
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