Omega Liner Company, Inc. v. The Monte Vista Group, LLC

BACKGROUND

On or around January 9, 2017, Plaintiff, Omega Liner Company, Inc. (“Omega Liner Co.”), a South Dakota corporation with its principal place of business in Canton, South Dakota, and The Monte Vista Group (“Monte Vista Group”), a California limited liability company with its principal place of business in San Diego, California, entered into a Purchase and License Agreement (“Agreement”) related to the manufacturing and sale of ultra violet cured-in-place pipe (“Pipe Liners”). Doc. 26,{f] 1, 2. Under the terms of the Agreement, Omega Liner Co. purchased certain equipment, licensed certain software and intellectual property (“patent license”). Doc. 26- 1. Pertinent to the present motions pending before the Court, Paragraph 18.H. of the Agreement, states as follows: This Agreement shall be governed by the laws of the State of California (excepting any conflict of laws or provisions which would serve to defeat application of California substantive law). Each of the parties to this Agreement hereby irrevocably and unconditionally: (i) consents to submit to the exclusive jurisdiction of the courts of San Diego County, California for…