Forum for Certain Civil Actions in California

California’s Code of Civil Procedure Part 2, Title 5, Chapter 1, Article 2, deals with jurisdiction and forum in civil actions. Section 410.30 specifies that, when a court upon motion of a party or its own motion finds that in the interest of substantial justice an action should be heard in a forum outside this state, the court is required to stay or dismiss the action in whole or in part on any conditions that may be just.

Section 410.40 provides that any person may maintain an action or proceeding in a court of this state against a foreign corporation or nonresident person where the action or proceeding arises out of or relates to any contract, agreement, or undertaking for which a choice of California law has been made in whole or in part by the parties and two additional specified conditions are met.

Note that this section applies to contracts, agreements, and undertakings entered into before, on, or after its effective date and it is be fully retroactive. Contracts, agreements, and undertakings selecting California law entered into before the effective date of this section are valid, enforceable, and effective.

Section 410.42 specifies that certain provisions of a contract between the contractor and a subcontractor with principal offices in this state, for the construction of a public or private work of improvement in this state, are void and unenforceable. And, the term “construction” is defined.