David v. Medtronic, Inc.

Opinion

RUBIN, Acting P. J. —

When a defendant moves to dismiss a multi-defendant action for forum non conveniens, the defendant is required to establish that an alternative forum exists in which the action could be brought against all defendants. (American Cemwood. Corp. v. American Home Assurance Co. (2001) 87 Cal.App.4th 431, 433 [104 Cal.Rptr.2d 670] (American Cemwood).) If this rule is enforced without exception, an enterprising plaintiff could preclude a forum non conveniens dismissal by naming an additional defendant over whom the alternative forum could not exercise jurisdiction. The…