Dimension One Spas v. Van Eetvelde
In this action seeking damages for breach of contract and declaratory relief, plaintiff Dimension One Spas, Inc. (plaintiff) appeals the order of the trial court that granted the motion by plaintiff's former sales representative, defendant Marc Van Eetvelde (defendant) to stay this action on an inconvenient forum basis, pending resolution of a later-filed, separate action brought by defendant in Belgium on the same basic contract issues. (Code Civ. Proc., 410.30.)[1] On appeal, plaintiff asserts the trial court erred as a matter of law in failing to recognize that when defendant, a Belgian citizen, signed plaintiff's independent sales representative agreement (the agreement) that contained a mandatory forum selection clause designating California law and courts for resolution of disputes, he voluntarily consented to the jurisdiction of California courts in litigation against him pertaining to the agreement. The agreement was executed in California, governed by California law, to allow defendant to distribute California manufactured products overseas.
The order is reversed and the matter is remanded with directions that the trial court vacate the order staying plaintiff's action and issue a new order denying defendant's motion in its entirety, and allowing further appropriate proceedings.
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