Can a defendant waive his right to dismissal for forum non conveniens by availing the procedural devices and protections of his home jurisdiction?

Under some circumstances a defendant may waive its right to dismissal for forum non conveniens by availing itself of the home jurisdiction's procedural devices and protections. For example, in Martinez v. Ford Motor Co. (2010) 185 Cal.App.4th 9, the defendants, who "knew, or had reason to know, at the time they were served [with the complaint], of the possible suitability of Mexico as a forum more convenient than California for trying the case." (Id. at p. 21.) Yet they propounded "more than 1,400 pages of written discovery" the responses to which "spanned more than 650 pages," then

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