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In Re Kyocera Wireless Corp.

Citations: 162 S.W.3d 758; 2005 Tex. App. LEXIS 2813; 2005 WL 850427Docket: 08-04-00348-CV

Court: Court of Appeals of Texas; April 12, 2005; Texas; State Appellate Court

Narrative Opinion Summary

In the case of In re Kyocera Wireless Corporation, the Texas Court of Appeals addressed the enforceability of a forum-selection clause in a contract between Kyocera Wireless Corporation and Hecmma, Inc. The court held that the clause, which required disputes to be adjudicated in San Diego County under California law, was enforceable. The dispute arose from a series of purchase orders for battery packs that included a forum-selection clause, which Hecmma later contested due to alleged inconvenience and public policy concerns. After Kyocera moved to dismiss the case based on this clause, the trial court denied the motion, prompting Kyocera to seek a writ of mandamus. The appellate court found that the trial court abused its discretion by not dismissing the case, as Hecmma failed to demonstrate that the clause was unenforceable or that litigation in California would be unjust. The court emphasized the burden on the party resisting such clauses to prove significant inconvenience or unreasonableness, which Hecmma did not meet. Consequently, the appellate court conditionally granted mandamus relief, compelling the trial court to enforce the forum-selection clause and dismiss Hecmma's third-party claims against Kyocera, as they were not properly joined under Texas procedural rules.

Legal Issues Addressed

Burden of Proof to Invalidate Forum-Selection Clause

Application: Hecmma failed to meet the burden of proof to show that enforcing the forum-selection clause would be unreasonable or unjust.

Reasoning: The burden of proof lies heavily on the party seeking to avoid the clause, who must demonstrate that trial in the selected forum would be so difficult that it would effectively deny them their day in court.

Conspicuousness of Terms in Contractual Agreements

Application: The court found that Hecmma accepted the forum-selection clause by not objecting to the terms included in the purchase orders.

Reasoning: Hecmma accepted the forum-selection clause by failing to object.

Enforceability of Forum-Selection Clauses

Application: The court upheld the forum-selection clause as valid, requiring disputes to be adjudicated in San Diego County under California law, despite Hecmma's arguments against it.

Reasoning: The court conditionally granted relief, determining the clause, which mandated that disputes be governed by California law and adjudicated in San Diego County, was enforceable.

Improper Joinder of Third-Party Claims

Application: The court determined Hecmma's third-party claim against Kyocera was improperly joined and not subject to Section 15.062, enforcing the forum-selection clause.

Reasoning: Hecmma's assertion that Kyocera directed it not to pay Coslight does not establish Kyocera's liability for Hecmma's non-payment of its 2003 purchase orders under the indemnity and contribution theories proposed by Hecmma.

Standard for Granting Mandamus Relief

Application: Kyocera sought mandamus relief asserting the trial court abused its discretion by not dismissing the case based on the forum-selection clause.

Reasoning: Kyocera asserts entitlement to mandamus relief on two grounds: Hecmma failed to demonstrate the forum-selection clause's unenforceability, and Kyocera lacks an adequate remedy by appeal.