SECTIONS 410.30-410.42 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 410.30-410.42

410.30. (a) When a court upon motion of a party or its own motion
finds that in the interest of substantial justice an action should be
heard in a forum outside this state, the court shall stay or dismiss
the action in whole or in part on any conditions that may be just.
(b) The provisions of Section 418.10 do not apply to a motion to
stay or dismiss the action by a defendant who has made a general
appearance.

410.40. Any person may maintain an action or proceeding in a court
of this state against a foreign corporation or nonresident person
where the action or proceeding arises out of or relates to any
contract, agreement, or undertaking for which a choice of California
law has been made in whole or in part by the parties thereto and
which (a) is a contract, agreement, or undertaking, contingent or
otherwise, relating to a transaction involving in the aggregate not
less than one million dollars ($1,000,000), and (b) contains a
provision or provisions under which the foreign corporation or
nonresident agrees to submit to the jurisdiction of the courts of
this state.
This section applies to contracts, agreements, and undertakings
entered into before, on, or after its effective date; it shall be
fully retroactive. Contracts, agreements, and undertakings selecting
California law entered into before the effective date of this section
shall be valid, enforceable, and effective as if this section had
been in effect on the date they were entered into; and actions and
proceedings commencing in a court of this state before the effective
date of this section may be maintained as if this section were in
effect on the date they were commenced.

410.42. The following provisions of a contract between the
contractor and a subcontractor with principal offices in this state,
for the construction of a public or private work of improvement in
this state, shall be void and unenforceable:
(a) A provision which purports to require any dispute between the
parties to be litigated, arbitrated, or otherwise determined outside
this state.
(b) A provision which purports to preclude a party from commencing
such a proceeding or obtaining a judgment or other resolution in
this state or the courts of this state.
For purposes of this section, "construction" means any work or
services performed on, or materials provided for, a work of
improvement, as defined in Section 3106 of the Civil Code, and for
which a lien may be claimed pursuant to Section 3110 of the Civil
Code (whether or not a lien is in fact claimed) or for which such a
lien could be claimed but for Section 3109.

410.42. (a) The following provisions of a contract between the
contractor and a subcontractor with principal offices in this state,
for the construction of a public or private work of improvement in
this state, shall be void and unenforceable:
(1) A provision which purports to require any dispute between the
parties to be litigated, arbitrated, or otherwise determined outside
this state.
(2) A provision which purports to preclude a party from commencing
such a proceeding or obtaining a judgment or other resolution in
this state or the courts of this state.
(b) For purposes of this section, "construction" means any work or
services performed on, or materials provided for, a work of
improvement, as defined in Section 8050 of the Civil Code, and for
which a lien may be claimed pursuant to Section 8400 of the Civil
Code (whether or not a lien is in fact claimed) or for which such a
lien could be claimed but for Section 8160 of the Civil Code.