Henson

This appeal centers on a choice of forum clause in a lease guaranty.

Plaintiff Miller-Leigh LLC, leased commercial property located in Arizona to a business, and defendants Shauna Henson and Robert Henson signed a guaranty for the lease. According to plaintiff’s complaint, the business abandoned its lease midway through its tenancy and did not pay any. further rent. Believing defendants to be residing at “some unknown location in the Sacramento Area,” plaintiff brought suit in Sacramento County to recover under the guaranty.

Defendants demurred to the complaint, asserting the court lacked subject matter jurisdiction because a choice of forum clause in both the lease and guaranty required plaintiff to bring suit in Arizona. The trial court sustained the demurrer and entered a judgment of dismissal in favor of defendants. Defendants sought to recover attorney fees as the prevailing parties, but the court denied that motion, ruling its lack of subject matter jurisdiction also prevented it from awarding any fees.

Plaintiff appeals, asserting the court erred in concluding it had no jurisdiction over its complaint. Defendants also appeal, asserting the court erred in…