Investors Equity v. Schmidt
Annotate this CasePlaintiff Investors Equity Life Holding Company appealed a judgment dismissing this case on the ground of forum non conveniens. Plaintiff filed its complaint in 2009, and the trial court originally ordered the action stayed on the ground of forum non conveniens. Plaintiff appealed that order and the Court of Appeal affirmed. In 2012, defendants “renewed” their motions, seeking an order dismissing, rather than merely staying, the action. In their renewed motions, defendants seized on statements in the Court's opinion, in particular our rejection of plaintiff’s claim of California residency, claiming those statements were law of the case, and reflected a material change in circumstance that warranted an outright dismissal of this case. The trial court agreed. The Court of Appeal concluded the trial court’s order reflected an abuse of its discretion and reversed.
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