California Court of Appeal

In a dispute arising out of the liquidation of an insurance company, plaintiff's appeal of the trial court's dismissal of the case on ground of forum non conveniens is granted where: 1) the trail court abused its discretion in concluding that the court of appeals initial rejection of plaintiff's claim of California residency were law of the case, and reflected a material change in circumstance that warranted an outright dismissal of this case; and 2) if this case were dismissed, California would forfeit its power to act in the event the promises made by defendants in this forum are not complied with, or to offer plaintiff any relief if Hawaii ultimately interprets its own laws in a manner which materially differs from what we had anticipated; and 3) the trial court erred in treating our rejection of plaintiff's residence claim as law of the case.

Appellate Information

• Decided 02/04/2015
• Published 02/04/2015

Judges

• RYLAARSDAM

Court

• California Court of Appeal

Counsel