William Graven v. Daniel Esposito

MEMORANDUM

William A. Graven appeals pro se from the district court’s judgment dismissing his diversity action alleging that defendants engaged in fraud in the negotiation and drafting of a settlement agreement. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion the district court’s decision to enforce a forum selection clause under Federal Rule of Civ il Procedure 12(b)(3), Murphy v. Schneider Nat’l, Inc., 362 F.3d 1133 , 1137 (9th Cir.2004), and de novo its dismissal on the basis of res judicata, Stewart v. U.S. Bancorp, 297 F.3d 953, 956 (9th Cir.2002). We affirm.

The district court did not abuse its discretion in enforcing the forum selection clause as to the claims against the Baums, which required any action involving the interpretation or enforcement of the settlement agreement to be brought in the San Bernardino County, California Superior Court, because the court correctly concluded that the clause was enforceable, and the enforcement of the forum selection clause was reasonable. See Murphy, 362 F.3d at 1140 (“[F]orum selection clauses are presumptively valid” unless the party challenging the clause ‘“clearly show[s] that…