Van Keulen v. Cathay Pacific Airways, Ltd.

Opinion

CROSKEY, J.

When a California plaintiff brings an action against a foreign defendant in a California court, the trial court does not possess the authority to dismiss the action on the basis of forum non conveniens. Instead, if the court determines California to be an inconvenient forum, the California court must stay the California action, in order to retain the ability to protect the California resident pending the resolution of the action in the foreign court. In this case, however, after the California court stayed the action on the basis of forum non conveniens, the California…