Andrews v. Metropolitan Transit SystemAnnotate this Case
Plaintiff-appellant Treasure Andrews sued the Metropolitan Transit System, San Diego Transit Corporation, and Janalee St. Clair (collectively, MTS) after she was injured on an MTS bus driven by St. Clair. MTS moved for summary judgment on the ground that Andrews’s complaint was barred by the statute of limitations because Andrews filed suit more than six months after MTS mailed a notice of rejection of Andrews’s claim for damages. Andrews opposed, arguing among other things that MTS’s notice of rejection was defective because it did not include the full warning required by statute, and the two-year statute of limitations therefore applied. The trial court found that Andrews’s complaint was untimely, granted the motion, and entered judgment against Andrews. On appeal, Andrews again contended the notice of rejection was defective. To this, the Court of Appeal agreed: the notice did not comply with the statute and was therefore insufficient to trigger the six-month statute of limitations in Government Code section 945.6 (a)(1). Instead, Andrews had two years from the accrual of her cause of action to file suit. Thus, the Court determined the trial court erred by finding that the six-month limitations period applied, and reversed judgment on that basis.