California Drivers Can Amend Toll Roads Class Action, Judge Says

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A federal judge will allow California motorists a chance to resubmit their claims in a consolidated toll roads class action lawsuit.

U.S. District Judge Andrew J. Guilford found that in six of their claims, plaintiffs failed to exhaust all the administrative remedies at their disposal before filing this toll roads class action lawsuit, alleging that various regional toll roads agencies were hitting drivers with excessive and unfair fines.

Judge Guilford agreed with the defendant agencies that the motorists should have first tried to resolve their claims through internal agency processes, such as an administrative hearing or an internal review by defendant Transportation Corridor Agency.

The judge also dismissed the claims of a few specific plaintiffs because they failed to comply with California’s Government Claims Act before filing this toll roads class action lawsuit. Under the GCA, claimants against a government entity must first submit a written claim to that entity before filing a legal action for damages.

Judge Guilford dismissed the plaintiff’s claims with leave to amend, allowing them a chance to fix their defects and resubmit their claims.

TCA and co-defendant Orange County Transportation Authority argued further that those claims were barred outright by findings in a 2007 toll roads class action lawsuit. The settlement that came out of that action included a finding that the defendants’ procedures complied with state and federal constitutional requirements.

But Judge Guilford determined that settlement doesn’t apply to the case at hand. The judge found that the current action is not on the same cause of action as the 2007 claims and the current plaintiffs were not parties to the earlier action in a way that would preclude them from bringing their current claims.

The current action is a consolidation of two separate toll roads class action lawsuits. In one of these actions, plaintiff Penny Borsuk alleges the FasTrak automated toll collection system implemented throughout Orange County unfairly penalizes drivers who use toll roads without having their own FasTrak accounts

Borsuk says the FasTrak system allows drivers with accounts to enter and exit toll roads without stopping at a toll booth. FasTrak is designed to collect tolls electronically through an automated, cashless system.

But drivers without FasTrak accounts are at risk for getting fleeced, Borsuk claims. The system is allegedly able to bill drivers who use toll roads even if they haven’t set up FasTrak accounts.

Borsuk says the system fails to give these drivers notice of their tolls. Drivers don’t even get adequate notice that they’re entering toll roads, she claims. They may not realize they’re incurring a toll or related penalties until after they have accrued exorbitant late fees and other fines for failing to pay, she alleges.

Defendant TCA filed a motion to dismiss Borsuk’s claims in April 2016. The agency argued that Borsuk failed to avail herself of administrative remedies that could have resolved her claims without having to file this toll roads class action lawsuit.

The plaintiffs are represented by Helen I. Zeldes, Alreen Haeggquist and Aaron M. Olsen of Zeldes Haeggquist & Eck LLP, Blake J. Lindemann of Lindemann Law Firm, Michael J. Flannery of Cuneo Gilbert & Laduca LLP, Paul L. Hoffman of Schonbrun Seplow Harris & Hoffman LLP, Gail J. Higgins of Higgins Law Firm, Michael McShane and S. Clinton Woods of Audet & Partners LLP and Aaron Dolgin of Aaron Dolgin Law Offices.

The California Toll Roads Class Action Lawsuit is In re: Toll Roads Litigation, Case No. 8:16-cv-0262, in the U.S. District Court for the Central District of California.

UPDATE: On July 31, 2018, a federal judge certified a Class of drivers in a class action lawsuit alleging that California toll operators use personal information to collect toll payments. The judge also trimmed some of the claims in the case.