Too Late To Sue For Patent Defects.

In 1993, the Los Angeles County Metropolitan Transportation Authority (MTA) completed the rail station at 4th Street and Hill Street in Los Angeles. In 2011, plaintiff fell on a stairwell at the station. Alleging that the stairwell was “too small” and that its banister was “too low,” plaintiff sued the MTA. The MTA cross-complained against, among others, petitioner, the company which provided design and/or construction services at the station. Petitioner demurred based on Code of Civil Procedure section 337.1, the four-year limitations period for patent defects. The trial court overruled the demurrer. The appellate court granted extraordinary relief, stating: “Because we conclude that the defects alleged were patent, we grant [petitioner’s] petition for writ of mandate and direct the trial court to sustain the demurrer without leave to amend.” (Delon Hampton & Associates v. Sup. Ct. (Los Angeles County Metropolitan Transportation Authority) (Cal. App. Second Dist., Div. 3; June 23, 2014) 227 Cal.App.4th 250, [173 Cal.Rptr.3d 407].)