Schine v. Property Solutions International CA2/1
In 2011, A. Kevin Schine (Schine) filed a lawsuit in Los Angeles, California, in which he alleged that Property Solutions International, Inc. (PSI) fraudulently induced him to enter into a release agreement. The agreement contained a mandatory Utah forum selection clause. Consequently, PSI filed a motion to dismiss or stay on the basis of forum non conveniens. The trial court granted the motion. Schine appealed and we affirmed, holding that Schine’s claims arose under the release agreement, and that the Utah forum selection clause therefore applied. On remand, the trial court imposed a stay of proceedings. Rather than refile his lawsuit in Utah, Schine filed a motion to lift the stay and amend his complaint, alleging that the Utah forum selection clause no longer applied because the parties had subsequently entered into a settlement agreement which contained a California forum selection clause.
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