Herman
Herman v. Los Angeles County Metropolitan Transportation Authority
Opinion
Lead Opinion
Ortega, J.
*822 Opinion
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 backpay.
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.
*823 MTA demurred to the petition, arguing it was barred by section 1094.6’s limitations period because service on…