Herman
Herman v. LA COUNTY METRO. TRANSP. AUTH.
Opinion
Opinion
ORTEGA, Acting P.J.
Jack Herman was a lieutenant with Los Angeles County Metropolitan Transportation Authority's (MTA) police force. MTA sent Herman a notice of termination letter. Herman obtained counsel through his labor organization and demanded an MTA administrative hearing, at which Herman was represented by counsel. After a lengthy hearing, the arbitrator recommended that Herman be reinstated without back pay.
However, MTA rejected the recommendation and fired Herman. MTA sent a termination letter dated July 28, 1997, mailed with a proof of service on July 30, 1997, to Herman's attorney Mark Kruger. The letter contained a required warning that Herman had to file any petition seeking judicial review of his firing within 90 days of the date of mailing of the termination letter. (Code Civ. Proc, § 1094.6, subds. (a), (b).) [1] Kruger received the letter and service proof.
However, MTA did not send the letter to Herman. [2] Herman filed his administrative mandamus petition on November 6, 1997, a few days beyond the 90-day limitations period. [3] These facts are undisputed.
MTA demurred to the petition, arguing it was barred by section 1094.6's limitations period because…