Friis v. Joensen CA2/8
Plaintiff and appellant Janus Friis filed an action against defendant and respondent Maria Louise Joensen seeking the return of an engagement ring and other gifts given in contemplation of marriage. The trial court granted Joensen’s motion to dismiss based on forum non conveniens, finding the matter to be more appropriately heard in Denmark. Subsequently, the trial court denied Friis’s motion to vacate the dismissal order on the basis that it was procured through extrinsic fraud. Friis challenges both rulings.
We find Denmark is a suitable alternative forum and the trial court properly weighed the relevant interests. However, the trial court abused its discretion in dismissing, rather than staying, the action. Accordingly, we modify the forum non conveniens order and judgment so that they stay the action. We affirm the order and judgment as modified. We also affirm the trial court’s order denying Friis’s motion to vacate.
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