Herman

Herman v. Los Angeles County Metropolitan Transportation Authority

Good Law
1999 Cal. App. LEXIS 361·71 Cal. App. 4th 819·84 Cal. Rptr. 2d 144·99 Daily Journal DAR 3897·99 Cal. Daily Op. Serv. 3038
Court of Appeal of CaliforniaApril 27, 1999No. B123974California4,238 words

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…

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