Animal Film, LLC v. D.E.J. Productions, Inc.

Appellant Animal Film, LLC (Animal), sued respondents D.E.J. Productions, Inc. (DEJ), and First Look Studios, Inc. (First Look), in Los Angeles County Superior Court for contract damages and an accounting related to the production of a motion picture. Based on a clause in the production agreement providing that Texas law governs the parties’ rights and stating that the parties submit to jurisdiction in Texas, DEJ and First Look moved to stay or dismiss the action on forum non conveniens grounds, arguing that Texas is the proper forum for the case to be tried. The trial court agreed, first staying the action so Animal could file it in Texas and later dismissing it. We reverse, concluding that the Texas forum selection clause in the production agreement is permissive, not mandatory, and that the trial *469 court erred in determining under forum non conveniens principles that "the action should be tried in Texas.

FACTUAL AND PROCEDURAL BACKGROUND

1. Animal’s Complaint

Animal, a California limited liability company with its principal place of business in Los Angeles, filed a complaint on September 10, 2009, in Los Angeles County Superior Court for breach of contract,…