OFC Capital v. Schmidtlein Electrical, Inc.

SMITH, Presiding Judge.

OFC Capital (OFC) sued Schmidtlein Electrical, Inc., Tom Schmidtlein, and Debbie Schmidtlein (collectively referred to as Schmidtlein) for breach of contract. The suit stemmed from Schmidtlein’s failure to make payments under a lease agreement which was assigned to OFC by NorVergence, Inc. Schmidtlein moved to dismiss the complaint on the ground that the forum selection clause in the lease agreement was unenforceable and that OFC failed to add NorVergence as an indispensable party. The trial court granted Schmidtlein’s motion to dismiss and OFC now appeals. For the…