Serving Caltrans.

[dravnx]

I want to file a small claims case against Caltrans for wheel damage. Who do I serve? I will also name Ghilotti construction in the suit.

I hit a pothole on 101 N northbound in Marin County just north of Novato. This is a construction zone and is riddled with potholes. This damaged the front wheel of my motorcycle. I have 2 quotes for approx. $1900 and $2100 from BMW dealers to replace the damaged wheel and tire.

I submitted a claim to Caltrans in June . In May I contacted Caltrans to ask for a status on my claim. The claims dept. informed me that the were very back logged and call again in August. In August I called the Claims dept they told me they never received my claim so I resubmitted the claim . Caltrans sent me a letter denying my claim and informed me that Ghilloti Construction is contractually responsible for damage to vehicles in construction zones. In this letter, Caltrans stated that they sent Ghilotti a letter along with copies of my claim and they had 30 days to respond.

I contacted Ghilotti and they denied receiving the claim. I contacted Caltrans and the claims dept told me they would contact engineering to confirm that the letter was sent and they would contact me. Of course, I never heard back from them.

I submitted all claim documents to Ghilloti Construction in San Rafael.
Ghilloti informed me via a letter that they are denying my claim as they are not responsible for roadways.

I'm aware of GP Frame.

 

[budman]

That sucks. Not me them.. nope not us them.

Seems to me it is a CalTrans thing like other potholes.

 

[cheez]

That sucks. Not me them.. nope not us them.

Seems to me it is a CalTrans thing like other potholes.

^ this. Caltrans owns responsibility for it even if the construction company is liable. Appeal the claim denial.

 

[KrustyKruser]

Is it possible file a claim with your insurance. And then to send what you have to your insurance and have them go to bat for you with the legal stuff?

 

[Eldritch]

I want to file a small claims case against Caltrans for wheel damage. Who do I serve? I will also name Ghilotti construction in the suit.

I hit a pothole on 101 N northbound in Marin County just north of Novato. This is a construction zone and is riddled with potholes. This damaged the front wheel of my motorcycle. I have 2 quotes for approx. $1900 and $2100 from BMW dealers to replace the damaged wheel and tire.

I submitted a claim to Caltrans in June . In May I contacted Caltrans to ask for a status on my claim. The claims dept. informed me that the were very back logged and call again in August. In August I called the Claims dept they told me they never received my claim so I resubmitted the claim . Caltrans sent me a letter denying my claim and informed me that Ghilloti Construction is contractually responsible for damage to vehicles in construction zones. In this letter, Caltrans stated that they sent Ghilotti a letter along with copies of my claim and they had 30 days to respond.

I contacted Ghilotti and they denied receiving the claim. I contacted Caltrans and the claims dept told me they would contact engineering to confirm that the letter was sent and they would contact me. Of course, I never heard back from them.

I submitted all claim documents to Ghilloti Construction in San Rafael.
Ghilloti informed me via a letter that they are denying my claim as they are not responsible for roadways.

I'm aware of GP Frame.

For $2k, the best you can do is Small Claims. It may be difficult for you to prove your case unless you are going to do some illegal stuff to obtain photos of the hole, etc. I imagine that if you file the claim with proper due diligence, it won't be hard to get a judgement though.

 

[Holeshot]

Elditty's correct: small claims. You might want to file on the state separately. Ghilotti may pay up with a negotiated settlement. It'll cost them to send someone down to represent them and that will most likely be one of their legal people. Figure their cost: $100-150/ hr minimum. It's half a day minimum, but likely the whole day for them to represent themselves.

That's opening thoughts...

 

[budman]

I think going back to CalTrans and push is better than small claims court as a starting point.

 

[tgrrdr]

Can you post a picture of the pothole you hit with the date and a more precise location?

 

[Abacinator]

I tried doing this with the city of oakland when a massive pothole took out both left wheels of my car, one bad enough to cause it to lose air. Didn't take me long to realize my time is worth more than trying to get reimbursed for a tire and a couple wheels. Guess agencies count on that

 

[FXCLM5]

Could we just help the barfer out by all complaining about the SAME pothole?

Then they can't claim they haven't been made aware and it's damaging more and more vehicles?

 

[SFMCjohn]

I want to file a small claims case against Caltrans for wheel damage. Who do I serve?

from courts.ca.gov, "Service of Court Papers":

Who to Serve

If you are suing the State of California, you can serve the state Attorney General’s office if you are suing the California Highway Patrol or most consumer affairs boards. If you are suing Caltrans, you must serve the California Department of Transportation. Click for the Caltrans Headquarters’ address. You can also call the Attorney General's office at 1-800-952-5225 for more information.​

thinkin' this is more or less what I'd try to do, if I were trying to serve CalTrans--after I called them ((916) 654-2852) and asked CalTrans if they routinely accept service by mail:

By certified mail on:
Tony Tavares, Caltrans Director
California Department of Transportation
1120 N Street
Sacramento, California 95814.

California Code of Civil Procedure provides for service by mail, “valid only if a signed acknowledgment is returned” to the sender by the defendant within 20 days of the mailing of the summons and complaint.

In order to effectuate service of process by mail, a Plaintiff must mail a copy of the summons and complaint to the “clerk, secretary, president, presiding officer, or other head of its body," along with two copies of a notice and acknowledgment of receipt form, and a return envelope, postage prepaid, addressed to the sender. Cal. Code Civ. Pro. § 416.50 and 415.30(a).
​

certified mail may be overkill, if they say they routinely accept service of process by mail--and they might give me a better address, with a specific department to direct the mail to, and maybe even the name of the specific clerk responsible ...

or, imagine any process server would be happy to go to 1120 N Street and serve CalTrans? if someone drops your legal paperwork off at the CalTrans address, think you have to also send a copy by mail (Civ. Proc. sec. 415.20(a)). idk.

think the "Notice and Acknowledgement of Receipt" form is a Judicial Council form.

anyway, as I say, idk. sure one of our legal eagles will correct me where I've gone astray. good luck!

 

[dravnx]

John, Thanks for the intel. It's a great start.

 

[BillSmith]

Write your state representative.

Good luck. If you have the miracle of actually being reimbursed, that'll be a miracle. Two more and you can claim sainthood!