Performance Marketing v. Thor Motor Coach CA2/4

INTRODUCTION

A California consumer purchased a motorhome from a California dealership. As part of the purchase, the consumer entered into a warranty agreement with the motorhome’s manufacturer. The warranty agreement provided that disputes between the parties would be resolved in an Indiana court and governed by Indiana law. When the consumer filed suit in California under the Song-Beverly Consumer Warranty Act (Song-Beverly) (Civ. Code, § 1790 et seq.), the defendants moved to stay the action on forum non conveniens grounds, seeking to enforce the forum selection clause in the warranty. As part of their motion, the defendants offered to stipulate that they would not oppose a request that an Indiana court apply Song-Beverly to the consumer’s claims. The trial court granted the motion and stayed the case, but ordered that the consumer could seek to lift the stay if an Indiana court refused to apply Song-Beverly. The consumer appeals, arguing the trial court erred in granting the motion and staying proceedings in California. We agree and reverse.

FACTUAL AND PROCEDURAL BACKGROUND

In 2022, plaintiff and appellant Performance Marketing, LLC (Performance) purchased a motorhome…