Dierenfield v. Wells Fargo Bank, N.A. CA4/1
Dennis Dierenfield, William Gilmer, Tye Wynfield, and NNN 1818 Market Street 13, LLC (TIC 13) (Dierenfield, Gilmer, and Wynfield collectively Individual Appellants; Individual Appellants and TIC 13 collectively Appellants) appeal an order granting Wells Fargo Bank, N.A.'s (Wells Fargo) motion to dismiss for forum non conveniens. Appellants contend the superior court erred in granting the motion because Wells Fargo's motion was based on a forum selection clause in a mortgage agreement and none of the Appellants are parties to that agreement. In addition, Appellants maintain the court erred in finding they are closely related to the contractual relationship or are third party beneficiaries for purposes of enforcing the forum selection clause against them. Finally, Appellants insist the court erred in determining that the forum selection clause was mandatory instead of permissive. We agree with Appellants that the subject forum selection clause is permissive.
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