Michael Butler v. Long Beach Public Transportation Company, 20STCP01774

Tentative decision on petition to file a late claim: denied

Petitioner Michael Butler (“Butler”) applies for relief from claim presentation requirements to file a claim against the Long Beach Public Transportation Company (“LBPTC”).

The court has read and considered the moving papers, opposition, and reply, and renders the following tentative decision.

A. Statement of the Case

1. Petition

Petitioner Butler commenced this proceeding on May 28, 2020. The Petition alleges in pertinent part as follows.

On June 28, 2019, Butler was a passenger on a LBPTC bus, which was traveling on the Pacific Coast Highway, at or near Cedar Avenue, City of Long Beach (“Long Beach”), when the driver of the bus suddenly braked, causing Butler to fall inside of the bus, causing significant injury.

On January 11, 2020, Butler’s counsel presented a Claim for Damages to the LBPTC, as well as an application for permission to present a