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TRANSAMERICA HOMEFIRST v. SUPERIOR COURT

No. A084543.

81 Cal.Rptr.2d 705 (1999)

69 Cal.App.4th 577

TRANSAMERICA HOMEFIRST, INC., Petitioner, v. The SUPERIOR COURT of San Mateo County, Respondent; Charlene A. Silva, as Public Guardian, etc., Real Party in Interest.

Court of Appeals of California, First District, Division Five.

Review Denied May 12, 1999.

Attorney(s) appearing for the Case

Howard, Rice, Nemerovski, Canady, Falk & Rabkin, Steven L. Mayer, Dirk M. Schenkkan, San Francisco, for Petitioner.

San Mateo County Counsel, Thomas F. Casey, III, Stephen L. Dylina, Deputy County Counsel, Redwood City, for Respondent.

Cotchett, Pitre & Simon, Bruce L. Simon, Niall P. McCarthy, Timothy J. Fox, for Real Party in Interest.

JONES, P.J.

The question we are asked to resolve is whether an action brought on behalf of a conservatee by the county's public guardian against a nonresident defendant must be transferred to a neutral county in accordance with section 394 of the Code of Civil Procedure, subdivision (a).1 We conclude that such an action is not one "brought by" a county agency within the meaning of section 394. Accordingly, we deny the petition for a writ...

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