in Re: Kyocera Wireless Corp.

Becker v. State

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS)) No. 08-04-00348-CV

IN RE: ))AN ORIGINAL PROCEEDING

KYOCERA WIRELESS CORPORATION, )) IN MANDAMUS

Relator. ))

O P I N I O N

At issue in this mandamus proceeding is the enforceability of a forum-selection clause in a contract between a Texas defendant/third party plaintiff and a California third party defendant. Because we conclude the clause is enforceable, we conditionally grant relief.

FACTUAL SUMMARY

In 2003, Kyocera Wireless Corporation entered into a business relationship with Hecmma, Inc. to assemble battery packs for…