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PNEC Corp. v. Meyer, G042297

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By FindLaw Staff on November 18, 2010 3:38 PM

Award of attorney's fees in a suit dismissed on forum non conveniens grounds

PNEC Corp. v. Meyer, G042297, concerned a challenge to the  trial court's grant of defendant's motion for attorney's fees following a grant of a motion to dismiss on forum non conveniens grounds, in a plaintiff-corporation's suit against defendants claiming that it provided defendants with "certain refined petroleum products" for which the defendants failed to pay.

In affirming the trial court's judgment, the court held that, if an action on a contract is dismissed based on forum non conveniens, a court may award attorney's fees to the moving party under Civil Code section 1717 if the contract provides for such fee shifting.  The court then rejected plaintiff's argument that the trial court's award of attorney fees was unreasonable because the award was not limited to work performed solely on the forum non conveniens issue.

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