521, 449 P.2d 737.) Co. v. City of Palos Verdes Estates, supra, 46 Cal.App.4th 1810, 54 Cal.Rptr.2d 176, we conclude that plaintiff has adequately alleged a continuous and repeated course of conduct causing damages to her property, which had not stabilized at the time the third amended complaint was filed. (Ibid.). The Pierpont court observed:  “There is a paucity of authority dealing with the problem of determining the exact date upon which a claim or cause of action for inverse condemnation arises.”  (Pierpont Inn, Inc. v. State of  California, supra, 70 Cal.2d at p. 287, 74 Cal.Rptr. 521, 449 P.2d 737.). The trial court erred in sustaining the MTA's demurrer to the third amended complaint without leave to amend. los angeles county metropolitan transportation authority . As a result of the city's ongoing periodic design, maintenance and mitigation activities, relatively minor erosion damage to the property was still occurring when the claim was filed, and was followed by a deep-seated landslide, which effectively destroyed the property. Under Government Code section 911.2, the owners were required to present their claim within one year of the accrual of the cause of action. The freeway was opened for traffic in October 1962. Co. v. City of Palos Verdes Estates (1996) 46 Cal.App.4th 1810, 54 Cal.Rptr.2d 176, the theory of inverse condemnation was used to show damage to the real property. Los Angeles County Issued: July 1, 2020 Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA 90042 PUBLIC TRANSPORTATION AGENCY SAFETY PLAN 754, we cannot say as a matter of law from the third amended complaint when the statutes of limitations on these causes of action began to run. (See 3 Witkin, Cal. (Careau & Co. v. Security Pacific Business Credit, Inc. (1990) 222 Cal.App.3d 1371, 1386 [272 Cal.Rptr. However, a Los Angeles Metro accident is not the typical personal injury claim. 5. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Return this original signed claim and any attachments. 2. In December of 1995, she informed her insurance carrier of her suspicion that plumbing in her building was the source of the problem. Plaintiff can make this showing in the first instance to the appellate court. OUNTY OF LOS ANGELES. Photocopies may be made for your records. 4. (Ibid.) (Gov.Code, § 905.1.) Regardless of whether a request therefore was made, unless the complaint shows on its face that it is incapable of amendment, denial of leave to amend constitutes an abuse of discretion. Tort claim deadlines applicable to the remaining tort causes of action alleged in the complaint also run from this date of accrual. B293850 (Los Angeles County Super. Since the allegations of the third amended complaint do not clearly and affirmatively establish that the tort causes of action are barred, we reverse the order of dismissal. Grading and preparatory work began in early 1960. The Los Angeles County Metropolitan Transportation Authority ("MTA") intervened in a lawsuit involving an automobile accident between plaintiff Darryl Takahashi, an on duty MTA employee, and a County employee. 1996) Actions, § 556, p. 710 [Code Civ. According to the allegations, in late 1992, MTA began preparing a tunnel access shaft, constructing a staging site, and relocating utilities on various segments of the Red Line on Hollywood Boulevard. The case arose out of state construction of a freeway over land owned by Pierpont. 766, 451 P.2d 406].) The owners had sued the city for negligence, nuisance, and inverse condemnation, claiming that as a consequence of a continuous and repeated course of conduct by the city from 1971 to 1981, their property had been destroyed. at p. 293, 74 Cal.Rptr. The properly pleaded material factual allegations, together with facts that may be properly judicially noticed, are accepted as true. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 [216 Cal.Rptr. Begin typing to search, use arrow keys to navigate, use enter to select. “The Reports detail findings of extensive damage to Plaintiff's building at 5507-09 Hollywood Boulevard and attribute this damage to MTA's subway construction under the boulevard. BC634168) APPEAL from a judgment of the Superior Court for Los Angeles County, Daniel S. Murphy, Judge. >>, Nothing coming in the next 45 mins on the selected stop. Therefore, according to the pleadings, the causes of action for inverse condemnation and continuing nuisance had not yet accrued. (Blank v. Kirwan, supra, 39 Cal.3d 311, 318, 216 Cal.Rptr. 3. transportation development act article 3 bicycle and pedestrian funds . (Code Civ. Applying principles announced in Pierpont Inn, Inc. v. State of California, supra, 70 Cal.2d 282, 74 Cal.Rptr. In her briefing, plaintiff attempts to distinguish between her knowledge of problems affecting the sidewalk and street in front of her property, and her knowledge of damage to her property. Proc., § 338, subd. Read claim thoroughly. Since the state passed on the opportunity to fix the time when the property was taken by instituting an action in condemnation, it could not later urge the Pierpont claim was untimely. The trial court ruling was erroneous because “[i]t ignores authority establishing that in a context such as presented here (one involving continuous and repeated damage incident to a public improvement), the limitations period does not begin to run until the situation has stabilized. The accrual issue was germane to actions between the city and its insurers regarding coverage of the settlement of an action brought by the property owners. Following an adverse judgment, the city and two of its insurers settled with the owners. (Smith, at p. 281, 153 P.2d 69.) 375, 556 P.2d 737].) 627), but as we shall explain, even taking these allegations into account, the result is not changed. The trial court also sustained MTA's demurrers to plaintiff's first and second amended complaints with leave to amend. Starting on Sept. 1, the Los Angeles County Metropolitan Transportation Authority will explore a proposal to eliminate fares for all rides on buses and trains. 521, 449 P.2d 737, and Stonewall Ins. The plaintiff and appellant, Nancy Lee, owned real property at 5507-5509 Hollywood Boulevard in Los Angeles (the City). Plaintiff alleged continuing and future harm from the MTA's activities. The trial court sustained the defendant's demurrer and dismissed the action based on its conclusion that the action is barred by the statute of limitations and the California Tort Claims Act (Gov.Code, § 900 et seq., “Tort Claims Act”). Both parties apparently assumed that the inverse condemnation cause of action accrued when plaintiff either knew or reasonably should have known of the damage to her property. Los Angeles County Metropolitan Transportation Authority, 2015 U.S. Dist. The case deals with the predecessor to the current government claims statute, former Government Code section 644, which required that a claim be presented to the State Board of Control “ ‘within two years after the claim first arose or accrued.’  ” (Pierpont Inn, Inc. v. State of California, supra, 70 Cal.2d at p. 286, 74 Cal.Rptr. METRO Home Metropolitan Transit Authority of Harris County 1900 Main St. Houston, Texas 77002 713-635-4000 METRO's mission is to provide safe, clean, reliable, accessible and friendly public transportation services to our region. 754.) Search metro.net, The Source, and El Pasajero, COVID-19:Metro has adjusted service in response to COVID-19 and face coverings are required on all buses and trains. )”  (Roman v. County of Los Angeles (2000) 85 Cal.App.4th 316, 321-322, 102 Cal.Rptr.2d 13, italics added. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, Defendant and Respondent. 127, we held the determination of when the statute of limitations began to run was a question of fact because “ ‘[o]nly when the consequential damage is sufficiently appreciable to a reasonable man may we hold an owner to a duty of expeditiously pursuing his remedies. App. Plaintiff filed her original complaint on May 5, 2000. Panitz Law Group, Eric A. Panitz; and Craig T. Byrnes for Plaintiff and Appellant. In November of 1995, plaintiff observed that water had accumulated on or around her property. ), We agree with the parties that the applicable statute of limitations is Code of Civil Procedure section 338, subdivision (j), because the basis of the inverse condemnation claim is damage to the property (as opposed to taking). We agree with the parties that the applicable statute of limitations is Code of Civil Procedure section 338, subdivision (j), because the basis of the inverse condemnation claim is damage to the property (as opposed to taking). These appear to be addressed to the defense that plaintiff failed to comply with filing deadlines of the Tort Claims Act. Federal government agencies cannot be sued in Small Claims Court, but you can file a Claim For Damages (other DOJ forms). The trial court agreed. It is an abuse of discretion to deny leave to amend if there is a reasonable possibility that the pleading can be cured by amendment. ), The Supreme Court concluded that the extent of the damages caused by the taking of Pierpont's land and the construction of the freeway project could be determined more accurately and more satisfactorily after the freeway was complete and in operation than it could have been from a visualization of the project from the designs. The Stonewall case involved cross actions by the city and some of its insurers on insurance coverage for the settlement. It noted that the state could have condemned the property, and thereby fixed a date of taking, but chose not to do so and, instead, constructed the freeway without having condemned the land. Plaintiff was not required to present a claim to MTA on her cause of action for inverse condemnation. The court held that a factual dispute on the accrual issue presents a question of fact for the trier of fact to resolve. She argues that according to the allegations of the third amended complaint, she first learned of the damage to her property on July 25, 1997, when she received geological and engineering reports from her experts. 521, 449 P.2d 737]․)” (Stonewall Ins. The municipal transit departments of Los Angeles, Pasadena, Long Beach, and Culver City, along with the Antelope Valley Transit Authority, will also go fare-free. The first amended complaint does not explain why it alleges that FEMA determined earthquake was not the cause of the problems in both March 1996 and August 1996. 521, 449 P.2d 737.) (j) codifies three-year rule stated in Smith v. City of Los Angeles (1944) 66 Cal.App.2d 562, 586, 153 P.2d 69].). The complaint alleged causes of action for inverse condemnation;  private nuisance;  trespass;  negligence;  dangerous condition of public property;  liability  for acts of independent contractors under Government Code section 815.4;  and liability for damages from excavations on adjoining property under Civil Code section 832. We concur:  CHARLES S. VOGEL, P.J., and HASTINGS, J. Procedure (4th ed. Los Angeles County Metropolitan Transportation Authority, 69 Cal. A task force will deliver a plan to t… (Id. Microsoft Edge. They alleged that the city improperly designed and maintained a drainage system, leading to erosion and destruction of their property. Stay up-to-date with FindLaw's newsletter for legal professionals, LEE v. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY. We shall assume this is so (see Owens v. Kings Supermarket (1988) 198 Cal.App.3d 379, 383-384, 243 Cal.Rptr. The issue in this action for inverse condemnation and damage to property is when plaintiff's claims accrued. We recommend using CLAIMS FOR DAMAGES . 4. The burden is on the plaintiff to demonstrate how he or she can amend the complaint. The court held the evidence supported only the conclusion that the situation on the property had not stabilized one year prior to the filing of the owners' claim. Therefore, an appellate court employs two separate standards of review on appeal. Copyright © 2020, Thomson Reuters. Metro Headquarters Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA 90012-2952 213.922.6000. We begin with a discussion of that precedent. supporting your claim. 2. 394].) The appellate court did not. The related tort claims are governed by a similar analysis. In Smith, owners of three homes destroyed by a landslide sued the County of Los Angeles on causes of action for inverse condemnation, dangerous condition, and nuisance. Please try again. NOTE: NO PAYMENT WILL BE MADE UNTIL IT IS DETERMINED THAT METRO IS LEGALLY RESPONSIBLE FOR YOUR DAMAGES. Los Angeles, CA 90031 (323) 937-8920 (Information Only) Monday to Saturday, 9:00 a.m to 5:00 p.m Based on that conclusion, Pierpont held that the claim filed more than two years after the work began was not untimely because it was filed prior to the completion of the portion of the project which took Pierpont's land. As we shall explain, the resolution of that question informs disposition of both the statute of limitations issue and the tort claim issue. This amendment was necessary, she argued, in order to establish that her tort claims were brought within one year of that accrual as required by Government Code section 911.2. Court records for this case are available from Pasadena Courthouse. (Pierpont Inn, Inc. v. State of California[, supra,] (1969) 70 Cal.2d 282, 291-294 [74 Cal.Rptr. The tort claims were filed in 1982. View Metro Headquarters Building Mr. Takahashi claims injuries as a result of the accident and obtained workers' compensation benefits for the Plaintiff alleges that she contacted FEMA (the Federal Emergency Management Agency) in March 1996 about the pipe problem and was told that FEMA had ruled out earthquake as the cause. The same rule governs the accrual of the inverse condemnation and particular the tort causes of action alleged against the MTA. She claims that her property was damaged by construction of the Metro Rail Red Line underneath Hollywood Boulevard. As to the tort causes of action, MTA argued that plaintiff filed her action nearly three years after she made a claim to MTA;  plaintiff's allegation that the insurance carrier for MTA denied her tort claim was without merit;  and plaintiff could not assert estoppel against MTA based on events that occurred after the deadline for compliance with the Tort Claims Act had expired. Search metro.net, The Source, and El Pasajero COVID-19: Metro has adjusted service in response to COVID-19 and face coverings are required on all buses and trains. The Los Angeles County Metropolitan Transportation Authority (LA Metro) in June 2018 released its Vision 2028 plan, a strategic vision intended to … 324-325, 102 Cal.Rptr.2d 13. 601]. This form must be signed. Plaintiff filed a timely appeal from the order of dismissal. The allegations continue:  “It was discovered that MTA tunneling had severed the City pipes leading to Plaintiff's property and the water flowing from these burst pipes combined with destabilized soil beneath Plaintiff's property to cause the building's supporting pylon to become compromised.”. 718, 703 P.2d 58];  Cantu v. Resolution Trust Corp. (1992) 4 Cal.App.4th 857, 879 [6 Cal.Rptr.2d 151].) The email address cannot be subscribed. ]”  (Jefferson v. County of Kern (2002) 98 Cal.App.4th 606, 615, 120 Cal.Rptr.2d 1.) 4th 1458, 82 Cal. (Filet Menu, Inc. v. Cheng (1999) 71 Cal.App.4th 1276, 1279 [84 Cal.Rptr.2d 384].) Co. v. City of Palos Verdes Estates, supra, 46 Cal.App.4th at p. 1843, 54 Cal.Rptr.2d 176, italics added.). (Gov.Code, § 905.2.) [Citation.] INSTRUCTIONS: 1. The third amended complaint alleges that, on July 25, 1997, plaintiff received geological and engineering reports from experts she had hired. fiscal year 2018-2019 2. Court records for this case are available from Stanley Mosk Courthouse. The public transportation system is operated by the Los Angeles County Metropolitan Transit Authority (LACMTA), a governmental body. LOS ANGELES COUNTY SHERIFF'S DEPARTMENT CLAIM FOR DAMAGES TO PERSON OR PROPERTY INSTRUCTIONS: 1. Plaintiff is to have her costs on appeal. (McDonald v. Superior Court (1986) 180 Cal.App.3d 297, 303-304 [225 Cal.Rptr. Los Angeles public transportation is run by LA County Metropolitan Transportation Authority, but most people refer to it as the LA MTA or Metro. TO PERSON OR PROPERTY . According to the first amended complaint, in March 1996, plaintiff notified a city inspector about her observations, and requested the City to address the pipe problem because it was affecting her business. It concluded that the trial court erred in exonerating insurance carriers that issued policies to the city providing coverage only for periods in excess of one year before the owners filed their claim with the city. 521, 449 P.2d 737. At first, she thought the damage was limited to pipes confined to city property. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. at p. 280, 262 Cal.Rptr. All rights reserved. The third amended complaint also includes detailed allegations regarding contacts with adjusters for the MTA's insurer beginning in December 1997. Los Angeles County Sheriff's Department wins summary judgment in employment discrimination suit Jones Day represented Los Angeles County in connection with post-trial motions and a pending appeal from an adverse jury verdict involving race discrimination claims brought by a class of more than 600 employees seeking more than $150 million in relief. Plaintiff then filed the third amended complaint. Citing Oakes v. McCarthy Co. (1968) 267 Cal.App.2d 231, 254-255, 73 Cal.Rptr. Submit original signed copy. Between bus, light rail, and subway services, LA has the third-largest public transportation agency in the country, providing an average of over a million trips a weekday within the city as well as to neighboring counties and suburbs. Ct. No. (Pierpont Inn, Inc. v. State of California, supra, 70 Cal.2d at p. 294, 74 Cal.Rptr. Internet Explorer 11 is no longer supported. [Citations. MTA demurred to that pleading on the ground that each cause of action was time barred. The trial court sustained the demurrer and dismissed MTA from the action. 1. Firefox, or Please use one claim form for each claimant. ), MTA argues the demurrer was properly sustained without leave to amend as to the cause of action for inverse condemnation because plaintiff's complaints revealed that the claim was barred by the applicable three-year statute of limitations. The complaint includes allegations that the Los Angeles County Metropolitan Transportation Authority did not have adequate security in place, that its passenger cars were overloaded, video surveillance was not properly monitored and proper procedures were not … Read entire claim thoroughly. The Stonewall court did not discuss our decision in Smith v. County of Los Angeles (1989) 214 Cal.App.3d 266, 262 Cal.Rptr. 521, 449 P.2d 737.) The Los Angeles County Metropolitan Transportation Authority (Metro ) serves as the transportation planner and coordinator, designer, builder and operator for a population of approximately 9.6 million residents and within a 1,433 square-mile service area located in Los Angeles County. (Cooper v. Leslie Salt Co. (1969) 70 Cal.2d 627, 636 [75 Cal.Rptr. >> Search Forms 718, 703 P.2d 58.) Affirmed. The allegations of the third amended complaint are adequate to bring those claims within the stabilization rule. Los Angeles County Metropolitan Transportation Authority: 457 and 401(k) Retirement Plans Los Angeles County Metropolitan Transportation Authority 457 and 401(k) Retirement Plans 387]. The significant issue is when plaintiff's cause of action for inverse condemnation accrued. Google Chrome, (j);  Friends of H Street v. City of Sacramento (1993) 20 Cal.App.4th 152, 167, 24 Cal.Rptr.2d 607.) Arguing that the owners had not done so, the insurers concluded there was no derivative insurance liability for anything that occurred earlier than one year before the claim was filed. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 349 [134 Cal.Rptr. In the first amended complaint (but not in the third), plaintiff alleged the City told her, in April 1997, the damage could be MTA-related but she would have to determine this with definitive evidence. The state argued that this period began to run when it entered Pierpont's land in February 1960, or at the latest, when it began preliminary work there in March 1960. Assist in representing various public agencies including the City of Los Angeles, the City of Bakersfield, the City of Modesto, the California High Speed Rail Authority and the Los Angeles County Metropolitan Transportation Authority, in real estate, acquisition and relocation matters in connection with a variety of infrastructure projects. In it, she named numerous defendants who are not parties to this appeal, and the MTA. The case did not discuss the rule that an action in inverse condemnation or a related cause of action for nuisance, does not accrue until the damage has stabilized. We therefore review pertinent allegations of both pleadings. The county argued the claims were untimely because they were filed more than one year after visible cracks appeared on the property in June 1981. Plaintiff contacted the MTA's insurance adjuster in September 1997, and met with him later that month and in October 1997. 754. at p. 285, 74 Cal.Rptr. Los Angeles County Metropolitan Transportation Authority (Metro) One Gateway Plaza, 99-PL-4 Los Angeles, CA 90012- 2952 After your claim is processed our Insurance Adjuster will contact you in approximately ten days. )[¶]  Where a demurrer is sustained without leave to amend, the reviewing court must determine whether the trial court abused its discretion in doing so. The claim was not filed until August 1962, a date more than two years from either of these dates. It is not up to the judge to figure that out. Plaintiff's building was damaged when the earth supporting its foundation was removed during construction of the MTA subway, causing the building to sink six inches more on the side nearest the subway project than on the side farthest the subway [sic ];  the potential for further settlement and damage was noted.” Plaintiff alleged that her engineers recommended mitigation measures, including a new foundation to a depth of at least 25 feet, topped by grade beams holding structural slabs. Nancy LEE, Plaintiff and Appellant, v. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, Defendant and Respondent. We omit some of the procedural history (e.g. Defendant argues that plaintiff  purposely omitted chronological allegations contained in the first amended complaint from the third amended complaint in an effort to avoid the defenses of the statute of limitations and Tort Claims Act. Because of this, the state contended a claim filed by Pierpont in August 1962 was untimely. Upon inspection, it was learned that it was not plaintiff's pipes, but rather the City's water pipes that were undermining the sidewalk and Hollywood Boulevard. When the unimaginable happens and you or a loved one suffers a public transit injury, or worse, is killed in an LA Metro bus crash, you can hire a bus accident lawyer to help you seek redress from Los Angeles County Metropolitan Transit Authority (LACMTA) through a … It contended that the three-year statute of limitations on the cause of action for inverse condemnation expired on January 6, 2000. On behalf of Los Angeles County Metropolitan Transit Authority (MTA), Jones Day secured the recovery of $2.54 million from Allianz Insurance after a successful arbitration ruling in a builder's risk insurance claim. 318 [ 216 Cal.Rptr even taking these allegations into account, the and! Remaining tort causes of action for inverse condemnation accrued available from Pasadena Courthouse, 383-384, 243 Cal.Rptr allegations account... Awarded Metro $ 640.1 million of However, a special set of laws applies you! 1444 [ 266 Cal.Rptr plaintiff alleged continuing and future harm from the.! System is operated by the Los Angeles County Metropolitan transportation Authority ( los angeles county metropolitan transportation authority claim for damages ) condemnation case based outright. Kern ( 2002 ) 98 Cal.App.4th 606, 615, 120 Cal.Rptr.2d 1. ) freeway land! ( Roman v. County of Los Angeles, supra, 85 Cal.App.4th at p. 281, 153 69! 71 Cal.App.4th 1276, 1279 [ 84 Cal.Rptr.2d 384 ]. ) 's newsletter for professionals... In her second cause of action alleged in the first instance to the third amended complaint also detailed. Alleged continuing and future harm from the allegations of plaintiff 's first and second amended complaints with leave to involves. Freeway over land owned by Pierpont Platt v. Coldwell Banker Residential real Estate Services ( 1990 ) 217 1439... With filing deadlines of the complaint also run from this date of accrual held that a dispute. Suspicion that plumbing in her building ” ( Jefferson v. County of Los Angeles County los angeles county metropolitan transportation authority claim for damages Authority... Attach additional information if necessary WILL be MADE UNTIL it is DETERMINED that Metro is LEGALLY RESPONSIBLE for YOUR.. Red Line underneath Hollywood Boulevard accrual theories discussed in this decision at oral.! 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