Ito

MEMORANDUM **

Yumi Ito appeals the district court’s dismissal for forum non conveniens of her action for breach of contract, breach of the implied covenant of good faith and fair dealing, and fraud against Tokio Marine and Fire Ins. Co., Ltd. (Tokio). Because we conclude that the district court abused its discretion by erroneously failing to place the burden of showing inconvenience on Tokio and unreasonably balancing the private and public interest factors, we reverse and remand. Having reweighed the factors under a correct application of the law, we hold that Tokio’s claim of forum non conveniens is without merit, and that California is the appropriate forum.

1. As a preliminary matter, the district court committed two errors, which tainted its analysis of the private and public interest factors. First, the district court misapprehended the nature of the claims before it. For example, the district court stated that “[t]his action arises out of injuries Plaintiff suffered” in a 1995 Japanese car accident. To the contrary, this action arises from Tokio’s breach of its 1996 agreement to pay for medical costs plaintiff incurred in the United States at Tokio’s suggestion. Tokio’s…