Delon Hampton & Associates, Chartered v. Superior Court

INTRODUCTION

In 1993, real party in interest Los Angeles County Metropolitan Transportation Authority (MIA) completed the rail station at 4th Street and Hill Street in Los Angeles. In 2011, Jose Madrigal fell on a stairwell at the station. Alleging that the stairwell was “too small” and that its banister was “too low,” Madrigal sued the MTA. The MTA cross-complained against, among others, petitioner Delon Hampton & Associates, Chartered (Hampton), which provided design and/or construction services at the station. Hampton demurred to the first amended cross-complaint based on Code of Civil Procedure section 337.1, which contains a four-year limitations period for patent defects. The trial court overruled the demurrer. Because we conclude that the defects alleged were patent, we grant Hampton’s petition for writ of mandate and direct the trial court to sustain the demurrer without leave to amend.

BACKGROUND

The rail station at 4th and Hill Streets was completed in 1993. On August 15, 2011, Madrigal “ ‘fell over and/or from a stairwell’ ” at the rail station, which was a part of the development of the Southern California Rapid Transit District Metro Rail…