Judge: Michael Shultz, Case: 23CMCP00069, Date: 2023-05-16 Tentative Ruling

Case Number: 23CMCP00069    Hearing Date: May 16, 2023    Dept: A

23CMCP00069 Juan Angel Rafael Quintana v. Los Angeles County Metropolitan Transportation Authority, County of Los Angeles, City of Los Angeles

Tuesday, May 16, 2023 at 8:30 a.m.

[TENTATIVE] ORDER TAKING OFF CALENDAR PLAINTIFF’S MOTION FOR LEAVE TO FILE LATE TORT CLAIM AGAINST GOVERNMENT ENTITY

      Plaintiff commenced this proceeding with a petition for leave to file a late government claim against Los Angeles County Metropolitan Transportation Authority (“MTA") and the County of Los Angeles (“County”.) On May 7, 2022, Petitioner allegedly sustained injury while a passenger on a bus owned by the MTA as a result of the bus driver’s abrupt application of the brakes. Plaintiff was hospitalized for approximately six months which precluded him from filing a timely government claim. No opposition has been filed.

      Plaintiff filed this petition on April 18, 2023, and served the MTA and the County by mail on the same date. The statute governing the relief sought by Plaintiff is silent as to the manner in which a copy of the petition and notice shall be served. (Gov Code § 945.6.) A statute requiring notice but that is otherwise silent as to the manner of giving service “contemplates personal service [or its equivalent] thereof.” (Thierfeldt v. Marin Hosp. Dist. (1973) 35Cal.App.3d 186, 1973 [service of petitions “should have been effected in the same manner as service of summons in order to give the court jurisdiction to enter an order against the public entity.”].) (Thierfeldt at 200.) The provisions of sections 1012, 1013 and 1013a of the Code of Civil Procedure only apply to service of notices in a pending action upon a party who has appeared or has been served in that action. (Thierfeldt, at 198).

      The Court’s file does not reflect that Plaintiff served the petition on the public entity either personally or in any other manner required for service of the summons and complaint. Therefore, the petition is TAKEN OFF CALENDAR for defective service.