The court dismissed a motion to stay an action for unpaid invoices, finding the forum selection clause was not incorporated into the relevant purchase orders.
The plaintiff sued for unpaid invoices related to an environmental remediation project in Ontario.
The defendants moved to stay or dismiss the action, arguing lack of jurisdiction and relying on a forum selection clause (FSC) designating California courts.
The court found that while it had jurisdiction, the FSC was not a term of the contract for the majority of the unpaid invoices, its language was unclear regarding California as an exclusive forum, and there was insufficient evidence that the purchase orders were issued in California.
The defendants' motion was dismissed.
SCJSuperior Court of JusticeOct 11, 2016
