Nautilus General Contractors v. Innovative Coatings of Reno
Plaintiff Nautilus General Contractors, Inc. (Nautilus) appeals an order staying Nautilus's contract action against defendant Innovative Coatings of Reno, Inc. dba Diamond Coatings (Diamond), based on forum non conveniens. (Code Civ. Proc., 410.30.)[1] Nautilus filed its breach of contract claims in San Diego County after a dispute arose over Diamond's subcontracting work on a Nautilus construction project in Reno, Nevada. Nautilus contends the trial court erred when it disregarded paragraph 43 of the parties' contract, which designates "San Diego County, California" as the "proper venue" for any lawsuit arising out of the agreement. Nautilus asserts paragraph 43 is a valid and enforceable mandatory forum selection clause. Court agree and conclude the trial court erred when it declined to enforce the disputed clause. Therefore, Court reverse the order imposing the stay with directions to enter an order denying the motion to dismiss or stay the action in its entirety.
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