Vara v. Los Angeles County MTA CA2/2

Filed 7/13/15 Vara v. Los Angeles County MTA CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

ENRICO VARA, B257948

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC517296) v.

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County. Samantha P. Jessner, Judge. Reversed and remanded.

Jahrmarkt & Associates, John Jahrmarkt for Plaintiff and Appellant.

Briskin, Latzanich & Pene, Katherine B. Pene for Defendant and Respondent.

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A pedestrian sued a municipality after tripping over a metal tube protruding from a public sidewalk. He petitioned the trial court for permission to file a late claim against the county, after discovering that the metal object belongs to it. (Gov. Code, § 946.6.) 1 We reverse the trial court’s denial of the petition. Plaintiff acted with reasonable haste, and disallowing his late claim defeats the remedial purpose of the statute. FACTS In February 2013, Enrico Vara tripped and fell over a metal object protruding a few inches from a public sidewalk at a bus stop on Olympic Boulevard in Los Angeles; it appeared to be part of a street sign. He injured his leg and knee. Vara submitted a timely damage claim to the City of Los Angeles (the City), then filed a personal injury lawsuit against the City on August 6, 2013. The six-month period for making a government claim expired August 7, 2013. In November 2013, Vara learned that the metal object is a sign sleeve belonging to respondent Los Angeles County Metropolitan Transportation Authority (MTA). That month, the City sought indemnification from MTA in a cross-complaint, and Vara submitted a claim to the MTA that was denied as untimely. On January 21, 2014, Vara requested permission to file a late claim; MTA denied his request three days later. In March 2014, Vara petitioned the trial court for permission to file a late claim against MTA. He argued that he presented a timely tort claim to the City, the entity responsible for sidewalk safety, and had no way of knowing that the metal fragment belonged to MTA. Vara maintained that there was surprise and excusable neglect on his part. He noted that MTA answered the City’s cross-complaint and participated in his deposition. MTA countered that Vara rode an MTA bus daily, and always alit at the location where he fell, so he should have known that the unlabeled metal object was an MTA sign sleeve. It argued that Vara and his attorney did not diligently discover that an MTA sign was placed in the metal sleeve after Vara was injured.