Diaz

INTRODUCTION

Plaintiffs Edward Diaz and Linda Diaz appeal from the trial court’s order staying their action under the Song-Beverly Consumer Warranty Act (Act) (Civ. Code, § 1790 et seq.), after the court enforced a forum selection clause contained in defendant Thor Motor Coach, Inc.’s (Thor) warranties that were issued when the Diazes bought one of the company’s motorhomes from a California dealer. The forum selection clause designated Indiana as the exclusive forum for any disputes relating to Thor’s express and implied warranties. In seeking to enforce the forum selection clause, Thor offered to stipulate that the Act would apply to the Diazes’ claims “as pled in their Complaint” and to not oppose an Indiana court applying the Act to the Diazes’ claims. Based on Thor’s offer, the trial court granted the motion to stay the Diazes’ action. We agree with two recent published decisions—Lathrop v. Thor Motor Coach, Inc. (2024) 105 Cal.App.5th 808, review granted January 15, 2025, S287893 (Lathrop) and Hardy v. Forest River, Inc. (2025) 108 Cal.App.5th 450, review granted April 30, 2025, S289309 (Hardy)—that held forum selection clauses like the one included in Thor’s warranties are…