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MEDICAL ACQUISITION CO., INC. v. SUPERIOR COURT

No. D072509.

19 Cal.App.5th 313 (2018)

228 Cal.Rptr.3d 654

MEDICAL ACQUISITION COMPANY, INC., Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; TRI-CITY HEALTHCARE DISTRICT, Real Party in Interest.

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

January 11, 2018.

Attorney(s) appearing for the Case

California Business Law Group, Duane S. Horning , Tracy Schimelfenig ; David A. Kay and Tara Lusher for Petitioner.

No appearance for Respondent.

Horvitz & Levy, Barry R. Levy , Mitchell C. Tilner ; Gordon & Rees, Charles V. Berwanger and James E. Hawley for Real Party in Interest.

OPINION

This eminent domain case presents a novel issue regarding a defendant's postjudgment withdrawal of an increased deposit made by the condemning agency. Below, the condemning agency, Tri-City Healthcare District (Tri-City), made a pretrial deposit of $4.7 million and sought to take immediate possession...

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