Van Keulen v. Cathay Pacific Airways, Ltd

In Van Keulen v. Cathay Pacific Airways, Ltd. (2008) 162 Cal.App.4th 122, the court determined that sections 583.130 and 583.410 permit a trial court to dismiss an action stayed on forum non convenience grounds. There, the plaintiffs filed an action in California in October 2001, although litigation involving the same issues, the same defendant, and similarly situated plaintiffs was ongoing in Hong Kong. (Van Keulen, supra, 162 Cal.App.4th at pp. 125-126.) in December 2001, at the defendant's request, the trial court stayed the plaintiffs' California action on the grounds of forum non conveniens. (Id. at p. 126.) The plaintiffs did not pursue their claims in Hong Kong until February 2006. (Id. at p. 127.) in December 2006, the trial court dismissed the California action for failure to prosecute. (Id. at p. 128-129.) The appellate court affirmed.