California Supreme Court Watch

#25-12 Lathrop v. Thor Motor Coach, Inc., S287893.  (B331970; 105 Cal.App.5th 808; Los Angeles County Superior Court; 22NWCV01494.)  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: 1/15/2025

Briefing ordered in previously Held case: 09/03/2025

“The court orders briefing in this matter limited to the following issues: (1) Where a party alleges that enforcement of a forum selection clause would result in a waiver of the party’s unwaivable statutory rights, what is the showing necessary to enforce (or avoid enforcement) of such a clause, and which party bears the burden of proof on the issue? (2) Under what circumstances, if any, does a stipulation to apply California law in the selected forum rebut an allegation that enforcement of a forum selection clause would result in a waiver of a party’s unwaivable statutory rights? (3) If enforcement of a choice of law clause would result in a waiver of a party’s unwaivable statutory rights, is the choice of law clause severable from the remainder of the agreement?”

Opening brief on the merits filed: 12/31/2025

See the Court of Appeal Opinion.