In this appeal, Horvitz & Levy LLP successfully obtained a reversal of an order granting a forum non conveniens motion. The court held this case involved the “rare circumstances” in which the alternative forum affords no remedy.
Three plaintiffs sued the defendant in Los Angeles Superior Court asserting various claims arising from a series of complicated real estate transactions involving real property located in Iran. The plaintiffs reside in Los Angeles. The defendant resides in Los Angeles and Tehran. The defendant moved successfully in the Superior Court to have the case stayed under the doctrine of forum non conveniens, a ruling which would have required the plaintiffs to litigate their claims in Iran.
The plaintiffs retained Horvitz & Levy to handle the appeal. In a published opinion, the California Court of Appeal agreed with our position that Iran does not constitute an adequate alternative forum, for forum non conveniens purposes, because the Iranian legal system discriminates against women and non-Muslims. The court, therefore, reversed the order granting the defendant’s forum non conveniens motion and remanded for further proceedings.