Ohio Casualty Insurance Group v. Superior Court

Baker Construction Company (Baker) sued real party in interest Butte Valley Unified School District (District) in superior court in Siskiyou County, where the District is situated, claiming balances due on a construction project completed for the District. The District filed a cross-complaint against Baker in the same court for breach of contract and fraud based on alleged construction defects; the District also named Baker’s insurer, petitioner Ohio Casualty Insurance Group (Ohio Casualty), as a cross-defendant, seeking damages based on Ohio Casualty’s performance bonds.

Ohio Casualty moved for a change of venue to a neutral county pursuant to Code of Civil Procedure section 394. (All subsequent undesignated section references are to the Code of Civil Procedure.) The trial court denied the motion by minute order.

Ohio Casualty petitioned this court for a writ of mandate directing the superior court to set aside its order denying the change of venue motion and to enter a new order granting the motion. We summarily denied the petition. Ohio Casualty then petitioned the California Supreme Court for review. The Supreme Court granted the petition and transferred the matter…