Global Financial Distributors v. Superior Court

Code of Civil Procedure 418.10 applies before a defendant has made a general appearance. It allows a defendant filing a motion to dismiss an action for lack of personal jurisdiction to file simultaneously a motion to stay or dismiss the action for inconvenient forum, without having the latter motion constitute a general appearance. Section 410.30 applies after a defendant has made a general appearance.The Court of Appeal granted defendants' petition for writ of mandate challenging the trial court's order denying the motion to stay or dismiss as untimely under section 418.10, subdivision (e). The court held that defendants filed their motion to stay or dismiss on the ground of inconvenient forum after they had appeared in the action by filing demurrers, and thus section 410.30 applied and the motion was not untimely. View "Global Financial Distributors v. Superior Court" on Justia Law