Williamson

Williamson v. Mazda Motor of America, Inc.

Good Law
150 Cal. Rptr. 3d 569·2012 Cal. App. LEXIS 1306·212 Cal. App. 4th 449
Court of Appeal of CaliforniaDecember 3, 2012No. G046769California2,108 words

Opinion

Lead Opinion

Rylaarsdam, J.

A judge denied a motion to stay or dismiss on the ground of forum non conveniens a product liability action by plaintiffs Delbert Williamson, Alexa Williamson, through Delbert as her guardian ad litem, and the estate of Thanh Williamson. (Code Civ. Proc., § 410.30, subd. (a); all further statutory references are to this code.) Later, a second judge granted a renewed motion for the same relief and stayed this case pending the initiation of an action in Utah.

Plaintiffs appeal from the latter ruling. They contend (1) the second judge erred by reconsidering the forum non conveniens ruling without finding the earlier order erroneous based solely on the evidence submitted in support of the original motion and (2) even if the second judge could reconsider the issue, she abused, her discretion in granting the motion absent a change of circumstances. We disagree with both arguments and affirm the order. In addition, we grant defendants’ request for judicial notice concerning a newspaper article acknowledging the first judge’s retirement.

FACTS AND PROCEDURAL HISTORY

Plaintiffs are residents of Utah. Defendant Mazda Motor of America, fric., is a California corporation with its…

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