Schmidt

Investors Equity Life Holding Co. v. Schmidt

Good Law
126 Cal. Rptr. 3d 135·195 Cal. App. 4th 1519·2011 Cal. App. LEXIS 668
Court of Appeal of CaliforniaMay 31, 2011No. G042806California5,877 words

Opinion

Lead Opinion

Rylaarsdam, J.

Plaintiff Investors Equity Life Holding Company filed this action in California against several defendants, including the current Hawaii Insurance Commissioner, several of his predecessors, employees of the commissioner, the law firm and individual lawyers representing the commissioner, plus the Hawaii Life and Disability Insurance Guaranty Association (Association). The first amended complaint alleges plaintiff is the sole shareholder of Investors Equity Life Insurance Company of Hawaii, Ltd. (IEL), an insurance company currently the subject of a liquidation action in the Hawaii Circuit Court for the First- Circuit. Plaintiff seeks damages and equitable relief for defendants’ purported “wrongful taking or deprivation of [its] right, title, and interest in the monies and assets remaining in the estate of and in the stock ... of ’ DEL.

Several defendants filed objections to the amended complaint, including some who moved to stay or dismiss the lawsuit on the ground of forum non *1524 conveniens. (Code Civ. Proc., § 410.30, subd. (a).) Finding the State of Hawaii to be a suitable alternative forum and the relevant public and private interests weighed heavily in favor of…

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