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ARNTZ BUILDERS v. SUPERIOR COURT

No. A106242.

19 Cal.Rptr.3d 346 (2004)

122 Cal.App.4th 1195

ARNTZ BUILDERS, Petitioner, v. The SUPERIOR COURT of Contra Costa County, Respondent; County of Contra Costa, Real Party in Interest.

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

September 30, 2004.

Attorney(s) appearing for the Case

Bell, Rosenberg & Hughes LLP, Roger M. Hughes, Oakland, Kimble R. Cook, Honolulu, HI, and Nancy L. Sandifer, for Petitioner.

No appearance for Respondent.

Farella Braun & Martel LLP, B. Scott Douglass, Anthony D. Giles, and Bridget K. Kaman, San Francisco; Silvano B. Marchesi and David F. Schmidt, County Counsel, Martinez, for Real Party in Interest.

POLLAK, J.

In this writ proceeding we consider the validity of a contractual venue selection clause that purports to waive a party's right to transfer to a neutral county an action brought by a county against a resident of another county. A construction contract between petitioner Arntz Builders (Arntz) and real party in interest County of Contra Costa (County) provides that any action arising out of the contract would be brought in Contra Costa County, and expressly...

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