Michaeledes

ORDER DENYING DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT

Plaintiff brought this action for injuries allegedly sustained on December 3, 1999, on the vessel M/V DEL NORTE, while he was employed by defendant Golden Gate Bridge, Highway and Transportation District (“District”). Defendant has now moved for summary judgment on the tenth and eleventh affirmative defenses in its answer. These defenses assert that plaintiffs claim for unseaworthiness is barred by the California Tort Claims Act, Cal. Gov’t Code §§ 810 et seq., which prohibits claims based on common law and claims based on strict liability. Largely undis-cussed in defendant’s moving papers is why a federal court exercising admiralty jurisdiction should be limited by the provisions of the California Tort Claims Act. In his opposition, plaintiff contends, among other things, that in making this argument, defendant has mistakenly interpreted its sovereign immunity. After reading the reply and raising this issue during oral argument, it appears that defendant’s position is that as a “public entity,” it is entitled to sovereign immunity. While it has not asserted its Eleventh Amendment immunity and accepts this court’s…