Re: Procedural process for filing motion to dismiss for ''forum non conveniens''

Just had a VERY similar situation with one of my clients. The other side filed in New York (frivolous suit) as we have a pending action against them in California.

We had to retain New York attorney to do the work. The one we got seems pretty on the ball and knew what he was talking about. You should shop around with New York attorneys.

The one we used, however, is:

Kaiser Wahab

Wahab Riveles & Medenica

116 West 23rd Street

New York, NY 10011

646-619-4195

Fax: 646-619-4195

Re: Procedural process for filing motion to dismiss for ''forum non conveniens''

Your question seems to presume that only one state can exercise personal jurisdiction over a defendant, which is not true. I agree that California's courts have such jurisdiction over you, but New York's might also. For example, if you solicited business from the plaintiff while he was in New York, you probably would have sufficient contact with that state to fall within its jurisdiction.

Hopefully a New York lawyer will post an answer explaining how you would challenge the court's jurisdiction. Such procedures vary from one state to another, and in New York the answer may depend upon facts you haven't provided.

Re: Procedural process for filing motion to dismiss for ''forum non conveniens''

Try posting your question again, under NY law, instead of CA, and perhaps under a more general category (if avail.) than computer law.

Re: Procedural process for filing motion to dismiss for ''forum non conveniens''

Your best course probably depends upon whether New York can exercise personal jurisdiction over you, a matter your facts don't address. If it can, your forum non conveniens idea is probably correct, and you'll need to have a New York attorney make a general appearance and file a motion for a ruling to that effect.

On the other hand, if New York can't, or probably can't, assert jurisdiction, making a general appearance would probably amount to a waiver of the lack of jurisdiction, so perhaps you should have a New York lawyer appear specially for the sole purpose of challenging the court's jurisdiction.

Another possibility suggested by some authors is to default by doing nothing, then assert lack of personal jurisdiction if and when the plaintiff tries to enforce the New York judgment in California. This has low up-front costs but inherent risks especially if you have property in New York.

So, you may be stuck with having someone file a motion of some kind on your behalf in the New York court where the suit is filed, but don't jump to a conclusion that there should be a general appearance to file an answer and/or to move for forum non conveniens.