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MTS v. SUPERIOR COURT

No. D050340.

62 Cal.Rptr.3d 517 (2007)

153 Cal.App.4th 293

METROPOLITAN TRANSIT SYSTEM, Petitioner, v. The SUPERIOR COURT of San Diego County, Respondent; Balfour Beatty/Ortiz Enterprises, Inc., Real Party in Interest.

Court of Appeal of California, Fourth District, Division One.

July 13, 2007.

Attorney(s) appearing for the Case

Hecht, Solberg, Robinson, Goldberg & Bagley, James G. Ehlers and Gregory S. Markow, San Diego, for Petitioner.

No appearance for Respondent.

Gill and Baldwin and Kirk S. Mac-Donald, Glendale, for Real Party in Interest.

BENKE, J.

In this case the plaintiffs brought a breach of contract action against a San Diego County transportation agency in the Superior Court of San Diego County. In response the transportation agency filed a compulsory cross-complaint against the defendants, in which it alleged it overpaid the plaintiffs $4 million. The plaintiffs then brought a motion to change venue under Code of Civil Procedure1 section 394.

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