California Court of Appeal

In a dispute arising out of contractor services for the construction of a luxury condominium, alleging claims for breach of contract, unjust enrichment, quantum meruit, and breach of the implied covenant of good faith and fair dealing, the trial court's grant of defendant's motion to dismiss pursuant to Code of Civil Procedure section 410.30(a) and entry of judgment for defendant are reversed where although defendant established the existence of a contract between the parties containing a forum selection clause, its enforcement is prevented by section 410.42, which prohibits enforcement of construction contract provisions requiring disputes between contractors and California subcontractors to be litigated outside California.

Appellate Information

• Decided 09/25/2015
• Published 09/25/2015

Judges

• JONES

Court

• California Court of Appeal

Counsel