California Federal Court Dismisses California Employee’s Challenge Of His Non-Compete Agreement Based Upon Enforceable Forum Selection Provision

California federal courts have again said it loud and clear — when analyzing whether or not the enforcement of a forum selection clause within a non-competition agreement is contrary to California public policy, the court will not consider the substantive effects of enforcing the clause.  In a recent case out of the Northern District, Meras Engineering v. CH20, Inc., Case No. C-11-0389 EMC, Judge Chen articulated this concept by ruling that the enforcement of the forum selection clause was in no way determinative of which state’s law would ultimately be applied.  As he reasoned, forum selection and choice of law analyses are not one in the same, or in other words, “the selection of a forum does not always dictate the choice of law.” 

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