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MTA v. SUPERIOR COURT

No. B173716.

20 Cal.Rptr.3d 92 (2004)

123 Cal.App.4th 261

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent. Jerrold J. Lyons, Real Party in Interest.

Court of Appeals of California, Second District, Division Three.

October 21, 2004.

Attorney(s) appearing for the Case

Gibeaut, Mahan & Briscoe, Gary Robert Gibeaut, Sally G. Kushner and John W. Allen, Los Angeles, for Petitioner.

No appearance by Respondent.

Duran & Thomas, LLP, Jeffrey S. Thomas, Irvine, and Carol L. Newman, Novato, for Real Party in Interest.

ACLU Foundation of Southern California, Martha Matthews and Peter Eliasberg, Los Angeles, as Amicus Curiae on behalf of Respondent.

CROSKEY, J.

Government Code section 818 provides: "Notwithstanding any other provision of law, a public entity is not liable for damages awarded under section 3294 of the Civil Code[1] or other damages imposed primarily for the sake of example and by way of punishing the defendant."2 In this writ proceeding, we are asked to address the novel question of whether section 818 precludes the award of the...

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