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California Civil Procedure, Keyed to Levine, 6th Ed.
Guimei v. General Electric Co.
Citation:
172 Cal. App. 4th 689, 91 Cal. Rptr. 3d 178 (2009)Facts
On November 21, 2004, China Eastern Yunnan Airlines flight MU5210 crashed into a lake shortly after takeoff from Baotou, Inner Mongolia, killing 53 people, nearly all Chinese citizens. The aircraft was a Bombardier CRJ200 manufactured in Canada and powered by General Electric engines. The airline was operated and maintained exclusively in China. Plaintiffs, relatives of crash victims, filed consolidated wrongful death and product liability actions in Los Angeles Superior Court against the manufacturers and airline. All defendants moved to stay the proceedings based on forum non conveniens, stipulating to submit to Chinese jurisdiction, waive statute of limitations defenses, comply with discovery, and satisfy any judgments. The trial court granted the stay after finding China provided an adequate alternative forum despite plaintiffs’ evidence of corruption and lack of judicial independence in the Chinese legal system.
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