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K.R.L. PARTNERSHIP v. SUPERIOR COURT

No. C045847.

15 Cal.Rptr.3d 517 (2004)

120 Cal.App.4th 490

K.R.L. PARTNERSHIP et al., Petitioners, v. The SUPERIOR COURT of Alpine County, Respondent; Timothy W. Pemberton, Real Party in Interest.

Court of Appeals of California, Third District.

As Modified July 13, 2004.

Attorney(s) appearing for the Case

Rein Evans & Sestanovich, Steven E. Moyer, Elizabeth D. Le, Los Angeles, and James M. Gilbert for Petitioners K.R.L. Partnership and Roland E. Womack.

No appearance for Respondent.

Boyd & Kimball and Betsy S. Kimball, Sacramento, for Real Party In Interest.

Certified for Partial Publication.*

ROBIE, J.

The question in this mandamus proceeding is one of first impression in California: whether a plaintiff/cross-defendant against whom a compulsory cross-complaint has been filed can seek a change of venue under section 396b of the Code of Civil Procedure1 based on a claim of improper venue as determined by reference...

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