Judge: Colin Leis, Case: 24STCV10876, Date: 2024-09-24 Tentative Ruling

Case Number: 24STCV10876    Hearing Date: September 24, 2024    Dept: 74

Reyes Coca-Cola Bottling LLC v. Keurig Dr Pepper, Inc., et al.

Defendants Keurig Dr Pepper, Inc. and Dr Pepper/Seven Up, Inc.’s Motion to Dismiss or Stay Based on Forum Non Conveniens and Comity

Plaintiff’s sole argument against enforcing the Texas forum selection clause is the California Franchise Relations Act. The weight of the evidence filed in support and in opposition to the motion establishes that plaintiff is not defendants’ franchisee to which the California Franchise Relations Act applies. Thus, plaintiff’s argument against enforcing the Texas forum selection clause fails. Accordingly, the parties must litigate their dispute in Texas (for which a trial is pending in March 2025). Consequently, the court grants defendants’ motion to dismiss this case.