Judge: Melvin D. Sandvig, Case: 24CHCV01642, Date: 2024-09-24 Tentative Ruling

Case Number: 24CHCV01642    Hearing Date: September 24, 2024    Dept: F47

PETITION FOR ORDER FOR RELIEF FROM GOVERNMENT CLAIM STATUTE

Petition filed 7/10/24. 

MOVING PARTY: Petitioner/Nominal Defendant Noel Morales by and through his guardian ad litem Cynthia Morales

RESPONDING PARTY: Respondent/Defendant Southern California Regional Rail Authority (SCRRA)

RELIEF REQUESTED: An order for relief from Government Claim Statute pursuant to Government Code 946.6.

RULING: The hearing on the petition will be continued. 

This action arises out of death of Luis Miranda (Decedent).  On 5/1/23, Decedent was a passenger on a Metrolink train which stopped at the Newhall train station in the City of Santa Clarita for passengers to disembark.  Since this was Decedent’s stop, he disembarked the train and, as he was crossing the train tracks allegedly in a marked crosswalk, he was struck and killed by a different train.  Decedent is survived by Plaintiffs Desarae Miranda (Decedent’s wife), Gabriel Miranda (Decedent’s minor son), Serenity Miranda (Decedent’s Minor son) (collectively, Plaintiffs) and Nominal Defendant/Petitioner Noel Morales (Decedent’s minor son). 

On 4/25/24, an Application for Leave to Present a Late Claim (Application) was submitted to Respondent/Defendant Southern California Regional Rail Authority (SCRRA) on behalf of Petitioner/Nominal Defendant Noel Morales by and through his guardian ad litem Cynthia Morales (Petitioner).  (Malek Decl., Ex.A).  On 6/6/24, SCRRA issued a denial of the Application which was received by Petitioner’s counsel on 7/2/24.  (Malek Decl., Ex.B).

On 7/10/24, Petitioner filed the instant petition for an order for relief from Government Claim Statute pursuant to Government Code 946.6 which was originally set for hearing on 8/8/24.  The proof of service for the petition indicates that it was served by certified mail on the Board of Secretary for SCRRA, County of Los Angeles, Executive Offices of Board of Supervisors and Office of Risk and Insurance Management for Caltrans. 

Thereafter, Petitioner rescheduled the hearing to 8/26/24 and then to 9/24/24.  (See Notices filed 8/1/24 and 8/13/24).  On 8/20/24, SCRRA filed an answer to the complaint and on 8/21/24, SCRRA filed a cross-complaint against MOES 1-100.  The proofs of service for the Notices of the Rescheduled hearing dates indicate that they were served on counsel for SCRRA by electronic transmission at jkrutcik@gmail.com.  However, the email address of record for SCRRA’s counsel is jak@krutciklaw.com.  No opposition or other response to the motion has been filed by SCRRA to cure the defect in notice. 

Based on the foregoing, the hearing on the petition will be continued so that the petition and notice of the new/continued hearing date can be properly served on SCRRA’s counsel.