Auffert

This is the second appeal arising out of a 2009 accident involving a bus carrying 34 French tourists and their guide, which resulted in a consolidated action brought by most of the passengers or their families against respondent Capitales Tours, S.A., and others. In the first appeal, this court affirmed an order staying the action for one year under the doctrine of forum non conveniens, pursuant to Code of Civil Procedure section 410.30 and Stangvik v. Shiley Inc. (1991) 54 Cal.3d 744 [ 1 Cal.Rptr.2d 556 , 819 P.2d 14 ] (Stangvik). We found no abuse of discretion in the superior court’s determination that the action would be more suitably tried in France.

Two years after the stay, the superior court dismissed the action, finding that plaintiffs had failed to pursue their claims in France and had even opposed the assumption of jurisdiction by the French courts. Plaintiffs again appeal, contending that the order was premature and failed to comply with procedural and substantive requirements for dismissal. We agree that further proceedings are necessary before dismissal is appropriate. Accordingly, we must reverse the order.

Background

The facts and procedural history…