Laboratory Specialists International v. Shimadzu
Laboratory Specialists International, Inc. (LSI) appeals from the trial court’s order dismissing its lawsuit against Shimadzu Scientific Instruments, Inc. (Shimadzu) under the forum selection clause in the parties’ contract. An order granting a motion to stay or dismiss on improper fourm grounds is immediately appealable. (Code Civ. Proc., § 904.1, subd. (a)(3); all further statutory references are to this code.) LSI contends Shimadzu committed a fatal procedural misstep by requesting a dismissal in its demurrer dismissal based on the forum selection clause, rather than by a separate motion, and that the trial court erred by granting Shimadzu leave to recast its request for dismissal in a separate motion. In the alternative, LSI contends the court erred by: (1) dismissing LSI’s tort claims, which LSI argues did not arise out of or “pertain[]” to the parties’ contract; (2) finding the forum selection clause mandated Maryland as the proper fourm, rather than conducting
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