Clayton

Norma E. Clayton, a resident of Orange County, petitions this court to mandate the Superior Court of San Diego County to grant her motion to transfer this eminent domain proceeding to a neutral forum pursuant to Code of Civil Procedure 1 section 394, subdivision (a). She correctly contends the court erred in determining she waived her right to transfer this action under section 1255.260 when she withdrew the condemner city’s deposit of probable compensation. After reviewing the relevant statutes, we conclude the trial court erred in equating a condemnee’s statutory venue-transfer right with a “claim” or “defense” to an eminent domain taking which is deemed waived once a condemnee withdraws deposited funds. (§ 1255.260.) We grant the petition, issue the writ, and direct the Superior Court to vacate its order denying Clayton’s motion and to issue an order granting the motion.

I.

The City of San Diego (City) filed a complaint in eminent domain to acquire Clayton’s property to enable it to construct a major street. The City *31 deposited $47,000 with the court pursuant to sections 1255.010 and 1255.070, as probable compensation for the property and obtained an order for…