Daewoo Electronics America v. Opta

Filed 1/17/07  Daewoo Electronics America v. Opta CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

Plaintiff Daewoo Electronics America, Inc. (Daewoo) appeals from an order staying this action on the ground of forum non conveniens, pending resolution of related proceedings in federal court in New Jersey.  We shall affirm.

Factual and Procedural Background

In December 2003 Korean company Daewoo Electronics Corporation (Daewoo Korea) agreed to sell certain electronic goods to Opta Systems LLC, doing business as GoVideo (GoVideo).  From its Arizona headquarters, GoVideo issued purchase orders for the electronic goods to Daewoo Korea, but sent payments to Daewoo, its wholly-owned subsidiary that maintains its principal place of business in New Jersey.

GoVideo is a wholly-owned subsidiary of defendant Opta Corporation (Opta).  Opta is a Delaware corporation that maintains its principal place of business in California.  Opta guaranteed Daewoo payment of GoVideo's obligations for the purchase of the electronic goods.  The guaranty agreement provides, among other things, that the parties' obligations are governed by New Jersey law and that the parties will submit to the jurisdiction of â€