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IN RE SOUTH BAY EXPRESSWAY, L.P.

Bankruptcy No. 10-04516-A11. Adversary No. 10-90180-A11.

434 B.R. 589 (2010)

In re SOUTH BAY EXPRESSWAY, L.P. and California Transportation Ventures, Inc., Debtors. South Bay Expressway, L.P. and California Transportation Ventures, Inc., Plaintiffs, v. Otay River Constructors; Wells Fargo Bank, National Association, as Collateral Agent on behalf of various lenders, including Banco Bilbao Vizcaya Argentaria, S.A., Depfa Bank plc, and the United States Department of Transportation, acting through the Federal Highway Administration; and Intrans Group, Inc., Defendants.

United States Bankruptcy Court, S.D. California.

July 28, 2010.

Attorney(s) appearing for the Case

Robert Pilmer , Kirkland & Ellis LLP, Los Angeles, CA, for Plaintiffs.

David L. Osias , Allen Matkins Leck Gamble Mallory Natsis , Gerald N. Sims , Kathleen A. Cashman-Kramer , Pyle Sims Duncan & Stevenson, APC, Robert J. Hanna , Shannon Erickson , Best, Best & Krieger, LLP, Dennis J. Wickham , Seltzer Caplan McMahon Vitek , Thomas W. McNamara , La Bella & McNamara, Beth A. Clukey , United States Attorney, San Diego, CA, H. James Wulfsberg , Wulfsberg Reese Colvig & Firstman PC, Oakland, CA, Glenn Douglas Gillett , U.S. Department of Justice, Washington, DC, for Defendants.

MEMORANDUM DECISION

LOUISE DE CARL ADLER, Bankruptcy Judge.

I.

INTRODUCTION

Plaintiffs and Debtors, South Bay Expressway, L.P. ("SBX") and California Transportation Ventures, Inc. ("CTV"), collectively ("Debtors"), move for summary judgment that the mechanic's liens asserted against the toll road portion of State Route 125, also known as the South Bay Expressway (the "SR 125 Tollway"), are invalid as a matter of law. The SR 125 Tollway...

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