[Peter_Spaeth]

Originally Posted by Kenny Cole

No. I believe that to be true from what I understand. And, I would ask, if you were drafting a forum selection clause for a client in a real liberal venue, would you do that? I would think probably not. That would probably be stupid and would be a disservice to your client absent other concerns. If there was a venue close by that was better for your client, wouldn't you do that? This the same thing, only in reverse. If Orange County wasn't way conservative, do you seriously contend that the forum selection clause would be there, as opposed to a real close but more conservative venue? Not seeing it.

I infer nothing other than PSA is in Newport Beach or Santa Ana or whatever and chose its home forum as a matter of convenience, as most companies do. Your argument is assuming its conclusion, namely if Orange County wasn't conservative PSA wouldn't have chosen it.

Now if you said, they choose Orange County because they think a judge or jury might favor an Orange County party, well that might make some sense, but that has nothing to do with the demographics of the forum or its residents or judges.

I think you will find the vast majority of forum selection clauses are home base clauses.