Vita Planning & Landscape Architecture, Inc. v. HKS Architects, Inc.

The trial court granted HKS Architects, Inc.’s (HKS) motion to dismiss Vita Planning and Landscape Architecture, Inc.’s (Vita) complaint against HKS pursuant to Code of Civil Procedure section 410.30, subdivision (a) and entered judgment for HKS. Vita appeals. It contends the court erred by granting HKS’s motion to dismiss because (1) there is no contract between Vita and HKS containing a forum selection clause; (2) HKS’s motion was untimely and “procedurally waived”; and (3) enforcing the forum selection clause violates California public policy articulated in section 410.42, which prohibits enforcement of construction contract provisions requiring disputes between contractors and California subcontractors to be litigated outside California.

We conclude HKS established the existence of a contract between HKS and Vita containing a forum selection clause, but section 410.42 prevents enforcement of the forum selection clause. Accordingly, we reverse.

FACTUAL AND PROCEDURAL BACKGROUND

The Project

HKS is an architecture firm and a Texas corporation. C.E. Mammoth LLC (Owner) planned to develop a luxury hotel in Mammoth Lakes (Project). Owner hired HKS to provide…