HOLDINGS: [1]-A Texas architecture firm established the existence of a contract for landscape architectural services between itself and a California landscape design firm containing a forum selection clause because the California firm’s judicial admissions regarding the existence of the contract were binding; [2]-However, Code Civ. Proc., § 410.42, barred enforcement of the forum selection clause requiring the California firm to litigate its dispute against the Texas firm in Texas because the Texas firm was a contractor, given that it had contracted with a property owner to design the owner’s hotel construction project, and because the California firm was a subcontractor, given that it was awarded a portion of the Texas firm’s contract with the owner and that it did not have a direct contractual relationship with the owner.
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Outcome
Judgment reversed.
