Petitioner phone company sought a writ of mandate compelling respondent superior court to dismiss an underlying action based on a forum selection clause in the company’s user agreement.
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Overview
In the underlying action, the real party in interest sued the petitioner for false and misleading advertising and unfair business practices, in violation of California’s Unfair Competition Law, Cal. Bus. & Prof. Code ยง 17200 et seq. The superior court found that the real party in interest was not bound by the forum selection clause in the company’s user agreement. The appellate court issued the writ of mandate, as: (1) the real party in interest (RPI) was closely related to the contractual relationship in that the RPI was suing on behalf of, and stood in the shoes of, the company’s customers; and (2) the contractual forum state provided a suitable alternative forum for the lawsuit, even if the RPI could not have maintained its suit in the contractual forum state.
Outcome
The petition for writ of mandate was granted.