Morris v. AGFA Corp

In Morris v. AGFA Corp. (2006) 144 Cal.App.4th 1452, a mother and her children filed their complaint in California in 2004 following the death a year earlier of their husband and father from his decades-long exposure to chemicals while working in Texas. The husband, who had last worked in California in 1982, was diagnosed with leukemia in 2002 and died in 2003. (Id. at p. 1457.) Before moving to dismiss the case based on California being an inconvenient forum, the defendants served the plaintiffs with discovery directed toward the defendants' forum non conveniens motion. (Id. at pp. 1460-1461.) In opposing the defendants' motion, the plaintiffs did not argue the defendants' pursuit of discovery had prejudiced them. Indeed, the appellate court's discussion in Morris indicates the plaintiffs did not offer any evidence of prejudice until moving for reconsideration of the trial court's order granting the motion to dismiss. But even by that late juncture, the only evidence of prejudice the plaintiffs could muster was the plaintiffs' loss of their speedy trial preference in California if the case moved to Texas. According to them, delaying their trial imposed an undue financial burden on them. (Id. at p. 1460.) The court found the plaintiffs' argument did not establish prejudice from the defendants having waited a year to file their motion. (Id. at p. 1461.)