§Why CasetextPricing

Hartstein v. Rembrandt IP Solutions, LLC

MOTION to Dismiss

9 Cited authorities

  1. The Bremen v. Zapata Off-Shore Co.

    407 U.S. 1 (1972)   Cited 4,535 times   41 Legal Analyses
    Holding that courts should enforce a choice-of-law clause when it is part of a "freely negotiated private international agreement"

  2. Jones v. GNC Franchising, Inc.

    211 F.3d 495 (9th Cir. 2000)   Cited 1,590 times   4 Legal Analyses
    Holding the same in context of forum-selection-clause prohibition in California's franchise statute

  3. Murphy v. Schneider Nat'l, Inc.

    349 F.3d 1224 (9th Cir. 2003)   Cited 664 times   1 Legal Analyses
    Holding that, in the absence of factual findings made by the district court based upon an evidentiary hearing, affidavits and other evidence submitted by the non-moving party in the context of a Rule 12(b) challenge are to be viewed in the light most favorable to that party

  4. Manetti-Farrow, Inc. v. Gucci Am., Inc.

    858 F.2d 509 (9th Cir. 1988)   Cited 730 times   1 Legal Analyses
    Holding tort claims were covered by a forum-selection clause because resolution of the tort claims required interpretation of the parties' contract

  5. Swenson v. T-Mobile USA, Inc

    415 F. Supp. 2d 1101 (S.D. Cal. 2006)   Cited 31 times   1 Legal Analyses
    Finding that the Plaintiff "impermissibly, combin[ed] the forum selection and choice of law analyses . . ." by arguing that enforcement of the forum selection clause would result "in the application of a Washington law violative of California public policy"

  6. Loughlin v. Ventraq, Inc.

    CASE NO: 10-CV-2624-IEG (BGS) (S.D. Cal. Apr. 5, 2011)   Cited 4 times
    Enforcing forum selection clause even assuming the application of the forum state law may lead to a result contrary to California policy

  7. Hegwer v. American Hearing & Assocs.

    Case No: C 11-04942 SBA (N.D. Cal. Feb. 24, 2012)

    Case No: C 11-04942 SBA 02-24-2012 JAY HEGWER, Plaintiff, v. AMERICAN HEARING AND ASSOCIATES, and DOES 1 through 10, inclusive, Defendants. SAUNDRA BROWN ARMSTRONG ORDER DENYING DEFENDANT'S MOTION TO DISMISS, AND GRANTING ALTERNATIVE MOTION TO TRANSFER VENUE Docket 5, 10 Plaintiff Jay Hegwer ("Plaintiff") filed the instant action against his former employer, Defendant American Hearing and Associates ("Defendant" or "AHAA"), in state court, alleging claims state law for declaratory relief, fraud,

  8. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 345,982 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  9. Section 1406 - Cure or waiver of defects

    28 U.S.C. § 1406   Cited 14,144 times   52 Legal Analyses
    Recognizing that transfer is proper to any district or division in which the action could have been brought