Primary assumption of risk; motorcycle riding; Amezcua v. Los Angeles Harley-Davidson (2011)    Cal.App.4th _ (2d Dist., Div. 8.).

Plaintiffs participated in a “toy ride" organized by the defendant motorcycle dealership. They did not officially register. If they had, they would have been required to sign a release form stating that they agreed to assume the entire risk of accident or personal injury resulting from their participation. Los Angeles Police escorted the procession to the freeway but did not block off the freeway for the procession. While riding on the freeway, plaintiffs were struck by a van and suffered severe injuries. Start your own small business or other businesses and want advice about business and contact a business attorney. The trial court granted summary judgment to the dealership. Affirmed. The court found that the claims were barred by the doctrine of primary assumption of the risk. Riding motorcycles involves physical exertion and athletic risks. The risk of being struck by another vehicle while riding in a motorcycle procession on a Los Angeles freeway is apparent. Accordingly, the doctrine of primary assumption of the risk applies.

Forum selection clauses; Code of Civil Procedure section 410.30; Trident Labs v. Merrill Lynch Commercial Finance Corp. (2011)

Trident’s loan agreement with Merrill Lynch has a forum-selection clause requiring that any suit by Trident be filed in Cook County, Illinois. Trident sued Merrill Lynch in California, and the parties vigorously litigated for 19 months. Then, Merrill Lynch moved to stay or dismiss under Code of Civil Procedure section 410.30, arguing that it could make such motion at any time. The trial court granted the motion and stayed the action.

Reversed. Section 410.30 does not allow a motion to stay or dismiss to be made at any time. The issue is not whether the defendant waived the right to enforce its forum-selection clause. It is whether the defendant decided to exercise the discretion given to it in the clause to litigate the case in California, J and can then change its mind much later j and invoke the clause. Section 410.30 i says that the court must stay or dismiss    !
an action “on any conditions that may be I just.” When no time limits are stated, a reasonableness standard is necessarily inferred. Merrill Lynch’s actions here were not reasonable.