S&J Rentals, Inc. v. Hilti, Inc.
Opinion
Lead Opinion
England, J.
S & J Rentals, Inc., ("S & J") seeks redress on behalf of both itself and a putative class from Hilti, Inc. ("Hilti") for alleged illegal business practices. S & J's First Amended Complaint ("FAC") sets forth a single cause of action alleging that Defendant violated California's Unfair Competition Law ("UCL"), California Business and Professions Code §§ 17200 - 17204. ECF No. 4, at 9-10. Currently before the Court is Hilti's Renewed Motion to Dismiss S & J's case under the doctrine of forum non conveniens or, in the alternative, to strike S & J's request for a jury trial. 1 Hilti's Motion is predicated upon the forum selection and choice of law clauses contained within credit applications submitted to Hilti by S & J. In opposition, S & J urges the Court to refrain from enforcing these clauses on the grounds that doing so contravenes California's public policy of affording its citizens effective class action remedies. According to S & J, such remedies are not available in Oklahoma, the designated forum. For the reasons set forth below, Hilti's motion is GRANTED.
BACKGROUND
S & J is a California corporation that rents construction equipment to the public. 3 Hilti, an Oklahoma…