California Supreme Court Watch

#25-127 Hardy v. Forest River, Inc., S289309.  (B331450; 108 Cal.App.5th 450; Los Angeles County Superior Court; 22NWCV01656.)  Petition for review after the Court of Appeal reversed an order in a civil action and remanded for further proceedings.  The court ordered briefing deferred pending decision in EpicentRx, Inc. v. Superior Court, S282521 (#23-247), which presents the following issue:  Is a forum selection clause enforceable when a party’s right under California state law to a jury trial for their civil claims would not apply in the exclusive forum identified by the clause?

Petition for review granted; briefing deferred: 4/30/2025

Order filed: holding for new lead case: 9/03/2025

“The above-captioned matter was granted and held for EpicentRx, Inc. v. Superior Court (2025) 18 Cal.5th 58, which is now final. Further action in this matter is now deferred pending consideration and disposition of related issues in Lathrop v. Thor Motor Coach, Inc. (S287893) (see Cal. Rules of Court, rule 8.512(d)(2)), or pending further order of the court. Submission of additional briefing pursuant to California Rules of Court, rule 8.520, is deferred pending further order of the court.”

See the Court of Appeal Opinion.