The plaintiffs in Aghaian v. Minassian (D2d8 May 24, 2021) no. B296287 are children of Iranians who fled during the Iranian Revolution. Their parents had amassed a large amount of property, and had asked the defendant, a family friend, to recover it for them. Turns out the defendant used the opportunity to enrich himself by some $34 million. The children sued, and the defendant argued Iran was a more suitable forum. Iran? the Court of Appeal asked. That Iran? Iran is not a suitable forum.
But by the time the first appeal was done, the plaintiff had initiated proceedings in Iran. Now can we litigate in Iran, the defendant asked again? Look, the plaintiffs have waived their objections to Iran!
No, the Court of Appeal responded in this second appeal. We have already decided the question. It is law of the case. Our holding is our holding. It cannot be waived.
But: An order denying a motion for inconvenient forum may be reviewed as an interlocutory order following a final judgment. The defendant did not waive his right to appellate review by failing to file a writ petition.