P1097 There is no time limit on moving for a stay on the ground of forum non conveniens; in a claim that plaintiff's decedent suffered illness as a result of exposure to toxic chemicals while employed for six years in California and for a subsequent twenty years in Texas, the facts that all defendants agreed to consent to Texas jurisdiction and not to assert statute of limitations defenses, that most of the decedent's employers and witnesses including approximately 100 medical provider witnesses are in Texas, that plaintiffs have lived in Texas for the past twenty years, that the claims concern matters that took place in Texas, and that all of the decedent's California employers are out of business justify granting on the ground of forum non conveniens a stay to allow plaintiffs to refile in Texas.CitationMORRIS v AGFA (Inconvenient Forum) 144 CA4 1452 [See: CCP 410.30; Archibald v Cinerama 15 C3 853; Century Indemnity v B of A 58 CA4 408, T/AT 11/97; Campbell v Parker-Hannifin 69 CA4 1534, T/AT 3/99; Stangvik v Shiley 54 C3 744]
|
|