Santos v. L. A. Unified Sch. Dist.

226 Cal. Rptr. 3d 171, 17 Cal. App. 5th 1065
CourtCalifornia Court of Appeal, 5th District
DecidedNovember 29, 2017
DocketB278391
StatusPublished
Cited by13 cases

This text of 226 Cal. Rptr. 3d 171 (Santos v. L. A. Unified Sch. Dist.) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Santos v. L. A. Unified Sch. Dist., 226 Cal. Rptr. 3d 171, 17 Cal. App. 5th 1065 (Cal. Ct. App. 2017).

Opinion

MANELLA, J.

*1067INTRODUCTION

Appellants Jennalyn Santos and Douglas Morales were driving northbound on Normandie Avenue in the City of Los Angeles when a Los Angeles School Police Department (LASPD) vehicle allegedly ran a red light and struck them. They were transported to the hospital by ambulance, after being given a card bearing the LASPD name, seal, address and website, and the name of an LASPD officer.

After filing a government claim for damages with LASPD within the time specified by Government Code section 911.2, appellants filed the instant lawsuit. Over a year later, appellants were provided a traffic collision report identifying the driver as an employee of LASPD and the vehicle as insured by respondent Los Angeles Unified School District (LAUSD). Appellants thereafter amended their complaint to add LAUSD as a defendant.

Subsequently, LAUSD moved for summary judgment, arguing that appellants failed to comply with the requirements of the Government Claims Act, Government Code section 810 et seq., (the Act) because no government claim was ever filed with LAUSD. LAUSD argued that the filing of a government claim with LASPD did not satisfy the Act because LASPD is not a separate entity, but part of LAUSD. Appellants opposed the motion, arguing that *1068LAUSD should be equitably estopped from asserting noncompliance with the Act as a defense, because LAUSD and/or its employees affirmatively misled them to believe that LASPD was separate public entity and misdirected them to file a claim with LASPD instead of LAUSD. The trial court determined equitable estoppel did not apply on the ground that no LAUSD employee expressly told appellants that filing a government claim with LASPD was tantamount to filing a claim with LAUSD. For the reasons set forth below, we conclude that appellants have demonstrated triable issues of fact with respect to the existence of equitable estoppel. Accordingly, we reverse.

FACTUAL BACKGROUND & PROCEDURAL HISTORY

On March 17, 2014, Morales was driving northbound on Normandie Avenue with his wife Santos as a passenger when an LASPD vehicle allegedly ran a red light and struck the passenger side of their car. As a result of the collision, Santos suffered a severe abdominal wall contusion, two cervical disc protrusions, a torn rotator cuff in her left shoulder and a torn medial meniscus in her right knee. Morales suffered a torn rotator cuff in his left shoulder. Before appellants were transported by ambulance to the hospital, they received a business card indicating that the responsible party was LASPD. The card bore a seal with the name "Los Angeles School Police Department," and listed the name, address and phone number of the Los Angeles School Police Department (125 N. Beaudry Avenue, Los Angeles, CA 90012; (213) 625-6531). It also listed a website *175of www.laspd.com. Written on the card was the name "Sgt. J. Ivankay #879."

Four days later, on March 21, 2014, appellants' attorney Michael Weinreb filed with the City of Los Angeles a government claim for damages arising out of the traffic collision. On April 29, 2014, the City denied the claim, stating that LASPD was " 'a separate public entity and not part of the City of Los Angeles.' " Thereafter, as discussed in greater detail below, Weinreb filed a claim with LASPD on a form downloaded from the LASPD website, attaching a copy of the original claim submitted to the City.

A. Appellants' Complaints

On July 29, 2015, appellants filed a form complaint for damages alleging causes of action for "motor vehicle" and "general negligence" against the LASPD and its employee, Sergeant J. Ivankay. The complaint alleged that on March 17, 2014, Sergeant Ivankay ran a red light and struck appellants at the intersection of Normandie and Manchester Avenues in Los Angeles. On the form complaint, appellants checked the box indicating they had complied with the applicable claims statute.

*1069The next day, appellants received a copy of the traffic collision report prepared by the Los Angeles Police Department (LAPD). The report indicated that the driver of the LASPD vehicle involved was Eric Alvarez, an on-duty LASPD officer whose address was "125 N. Beaudry Ave., Los Angeles, CA 90012." The report also stated that LASPD Sergeant Ivankay-whose name was written on the card given to appellants after the accident-was the officer at the scene who took custody of the damaged LASPD vehicle. The owner and insurer of the vehicle was listed as LAUSD with an address of "2011 N. Soto St., L.A. CA 90032."

On September 4, 2015, appellants filed a first amended complaint (FAC) naming LASPD, Eric Alvarez and LAUSD as defendants. The FAC alleged that Alvarez, an employee of LASPD and LAUSD, ran a red light and caused a motor vehicle collision with appellants. The FAC again stated that appellants had complied with the applicable claims statute.

B. LAUSD's Motion for Summary Judgment

On March 25, 2016, LAUSD moved for summary judgment on the ground that the causes of action in the FAC were not viable because appellants failed to file a government claim with LAUSD. LAUSD further argued that appellants' filing of a claim with LASPD did not excuse their failure to file a claim with LAUSD because LASPD is a department within LAUSD, not a separate legal entity. LAUSD noted that the traffic collision report identified LAUSD as the owner and insurer of the vehicle.

C. Appellants' Opposition to Summary Judgment Motion

Appellants opposed the motion for summary judgment, arguing that the facts established-or raised a triable issue of fact as to-estoppel, as LAUSD or its employees misled them about where to file their government claim for damages. In supporting declarations, appellants explained that at the time of the traffic incident, they were unable to obtain information about the driver who hit them due to the severity of their injuries. The only identifying information they received at the scene was the LASPD business card. The card bore no reference to LAUSD. Appellants also declared that they were not given a traffic collision information card (used to request a traffic collision report).

*176Appellant's counsel, Weinreb, and his assistant, Joy Buxton, also submitted declarations. Weinreb stated that four days after the traffic incident, he sent a letter to the Los Angeles Police Department (LAPD) requesting a copy of the traffic collision report. In the letter, he indicated that the incident occurred on March 17, 2014, at the intersection of "Normandy and Manchester." (In fact, it occurred one major intersection *1070away, at Normandie and Florence Avenues.) On April 16, 2014, LAPD responded that it was unable to locate a copy of the report and asked that Weinreb resubmit his request with a copy of the traffic collision information card. Buxton called the LAPD document processing unit and informed the officer answering the phone that appellants did not receive a traffic collision information card.

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Cite This Page — Counsel Stack

Bluebook (online)
226 Cal. Rptr. 3d 171, 17 Cal. App. 5th 1065, Counsel Stack Legal Research, https://law.counselstack.com/opinion/santos-v-l-a-unified-sch-dist-calctapp5d-2017.