Judge: Lynne M. Hobbs, Case: 24STCV08927, Date: 2024-08-12 Tentative Ruling

Case Number: 24STCV08927    Hearing Date: August 12, 2024    Dept: 61

JAMES R. LAWRENCE vs LOCKTON COMPANIES, LLC - PACIFIC SERIES, A MISSOURI SERIES LIMITED LIABILITY COMPANY, et al.

TENTATIVE

Defendants Lockton Companies, LLC – Pacific Series, Lockton Affinity Series of Lockton Affinity, LLC, and Lockton Partners, LLC’s Motion to Dismiss for Forum Non Conveniens is GRANTED, in part. The case is STAYED pending resolution of Defendant’s petition in the case Lockton Companies LLC v. Superior Court, Case No. S282136.

Moving party to give notice.

DISCUSSION

Defendant’s request for a stay is persuasive, at least as it pertains to the pending review by the California Supreme Court in Lockton Companies LLC v. Superior Court (Giblin), Case No. S282136, which is itself pending review of another case, EpicentRx v. Superior Court, Case No. S282521, which addresses the viability of the burden-shifting analysis discussed above, when forum-selection effects a waiver of unwaivable statutory rights. (Motion at pp. 14–15.) The parties agree that in each of the prior state court decisions denying Lockton entities’ motions for inconvenient forum, the California Supreme Court has issued grant-and-hold notices pending resolution of the above case. (Motion at pp. 14–15; Opposition at p. 2.) A grant-and-hold order is an order that “action in the matter [be] deferred until the court disposes of another matter or pending further order of the court.” (Cal. Rules of Court Rule 8.512, subd. (d)(2).) Given the issuance of prior grant-and-hold orders on similar cases, such an outcome is likely to occur here if the matter is ruled upon. This case is therefore properly stayed pending resolution of the petition in the Giblin matter.