Bancomer, S. A. v. Superior Court

In Bancomer, S. A. v. Superior Court (1996) 44 Cal.App.4th 1450, the court found the nonsignatory was neither an intended third party beneficiary of the contract nor closely related to the contracting parties and that the dispute fell outside the scope of the clause in any event. (Id. at pp. 1458-1462.) Moreover, the court concluded that enforcement of the forum selection clause would result in arbitrary and conflicting rulings. (Id. at p. 1462.)