Recent Wins

Jan 15, 2013 Martin Stein, Gary J. Wax Government Liability
Court of Appeal affirms summary judgment in favor of GMSR’s public entity client in government tort claim dispute

San Jose v. Los Angeles County Metropolitan Transportation Authority et al. (2013) 2013 Cal.App. Unpub. LEXIS 297 (California Court of Appeal, Second Appellate District, Division Two) [unpublished]. GMSR’s client, Los Angeles County Metropolitan Transportation Authority (the MTA) rejected plaintiff’s government tort claim through its duly authorized agent, a private claim-administration company, which triggered a six-month statute of limitations. When plaintiff filed her complaint for damages more than six months later, the trial court granted summary judgment in the MTA’s favor. Plaintiff argued at trial and on appeal that the MTA’s delegation of its claim administration duties to a private third-party was unauthorized by law and that the agent’s rejection was ineffective, thereby triggering a longer statute. The Court of Appeal affirmed the trial court’s finding that the Public Utilities Code authorized the MTA’s delegation of claim-administration duties and that no authority in the Government Code precluded it.