Ocean Services Corp. v. Ventura Port District
Opinion
Opinion
Gilbert, J.
An action is brought against a governmental entity. The governmental entity asserts as a defense the party’s failure to comply with the governmental claims statute. We hold, among other things, that through its conduct a governmental entity may be estopped from asserting failure to comply with the claims statute.
We also hold the governmental entity breached a covenant of good faith and fair dealing.
In addition, the five-year mandatory dismissal statute was tolled.
Ventura Port District (VPD) appeals from a $16,971,767 judgment in favor of respondent, Ocean Services Corporation (OSC), and an order denying its motion for judgment notwithstanding the verdict. We affirm. [[/]]
Facts
VPD was established in 1952 to operate and develop the Ventura Harbor, a small coastal harbor consisting of 24 parcels and 189 acres of land and water. During the first 25 years of its existence, it lacked the necessary capital to develop a commercial marina. In 1977 VPD hired Gerald Barney to act as the port district general manager and to create a comprehensive development plan.
Barney devised a plan to lease sections of the harbor for commercial development. In 1979 he offered OSC an…