Lab. Specialists Int'l, Inc. v. Shimadzu Scientific Instruments, Inc.

*757 Laboratory Specialists International, Inc. (LSI) appeals from the trial court's order dismissing its lawsuit against Shimadzu Scientific Instruments, Inc. (Shimadzu) under the forum selection clause in the parties' contract. An order granting a motion to stay or dismiss on improper forum grounds is immediately appealable. ( Code Civ. Proc., § 904.1, subd. (a)(3) ; all *496 further statutory references are to this code.) LSI contends Shimadzu committed a fatal procedural misstep by requesting a dismissal in its demurrer based *758 on the forum selection clause, rather than by a separate motion, and that the trial court erred by granting Shimadzu leave to recast its request for dismissal in a separate motion. In the alternative, LSI contends the court erred by: (1) dismissing LSI's tort claims, which LSI argues did not arise out of or "pertain[ ]" to the parties' contract; (2) finding the forum selection clause mandated Maryland as the proper forum, rather than conducting an analysis under discretionary forum non conveniens factors; and (3) dismissing rather than staying LSI's lawsuit. As we explain, these contentions are without merit, and we therefore affirm the court's…