Darryl J. Horowitt, Laurence Y. Wong recently obtained an order transferring a lemon law claim from federal court in California to Indiana. In the action our client, a manufacturer of recreational vehicles, included a forum selection clause in their written warranty that required all disputes be resolved in the state of manufacture. The Plaintiff purchased his RV in Colorado then moved to California. Lawsuit was then filed for recession and restitution as well as attorney's fees under California's Song-Beverly Consumer Warranty Act and Magnuson-Moss Consumer Warranty Act. Based on the forum selection clause, motion to transfer was filed. The Court found the forum selection clause valid even though the Plaintiff had not signed the warranty, holding that such clauses are enforceable even without an express consent. The Court noted that our client had obtained similar transfers in other courts.
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