Ryze Claim Solutions LLC v. Superior Court of Contra Costa Cnty.

Good Law
245 Cal. Rptr. 3d 575·33 Cal. App. 5th 1066
Court of Appeal of CaliforniaApril 3, 2019A155842California2,080 words

Opinion

Lead Opinion

Siggins, J.

*1068 Petitioner and defendant Ryze Claim Solutions LLC (Ryze) seeks writ relief from an order of the trial court denying its motion to dismiss or stay the lawsuit filed by its former employee Real Party in Interest and plaintiff Jerome Nedd on improper forum grounds. We shall issue the writ.

BACKGROUND

Ryze's headquarters and principal place of business was in Noblesville in Hamilton County, Indiana, north of Marion County, Indiana, where Indianapolis is the county seat. On May 5, 2014, Ryze hired Nedd, a California resident, to work for the company in El Cerrito in Contra Costa County. On March 28, 2017, Ryze terminated Nedd's employment.

On August 1, 2018, Nedd filed a wrongful termination suit against Ryze in Contra Costa County Superior Court. His complaint alleged eight causes of action, five of them under the Fair Employment and Housing Act, Government Code section 12900 et seq. (FEHA). On September 10, 2018, Ryze moved to dismiss or stay Nedd's case because it was filed in an improper forum.

When Nedd was first employed by Ryze, the parties had entered into a written Employment Agreement (Employment Agreement), which contained the following forum selection clause:

The…

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