California Court of Appeal

Trial court order staying plaintiff's consolidated actions stemming from an airplane crash on the ground of forum non conveniens is affirmed where: 1) there was substantial evidence in support of the trial court's finding that China provides a suitable alternative forum for the litigation; 2) trial court did not abuse its discretion in determining that California is a seriously inconvenient forum for the litigation; and 3) there was no abuse of discretion in refusing to consider evidence in plaintiff's surreply briefs.

Appellate Information

• Decided 03/24/2009
• Published 03/24/2009

Judges

• JACKSON, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Lieff, Cabraser, Heimann & Bernstein, Robert J. Nelson, David L. Fiol, San Francisco;  Law Offices of Michael S. Yu, Alhambra, and Kenneth K. Tanji, for Plaintiffs and Appellants.


• For Appellees:
  
• O'Melveny & Myers, W. Mark Wood, Wallace M. Allan, Haley M. McIntosh, Cynthia A. Merrill, Los Angeles;  Allen Matkins Leck Gamble Mallory & Natsis, A. Kristine Floyd, Julie W. Russ, Irvine;  Munger, Tolles & Olson, Joseph D. Lee, Joshua P. Groban and Kevin A. Goldman, Los Angeles, for Defendants and Respondents., Fred J. Hiestand, Sacramento, for Civil Justice Association of California as Amicus Curiae on behalf of Defendants and Respondents.