By JW August
A lawsuit filed by an unhappy commuter on the State Route 125 toll road has an August 8, 2025 jury trial date. Superior Court Judge Robert Longsthreth has issued a ruling in the case that pits plaintiff Brandon Kelsoe, who regularly uses the toll road, against the San Diego Association of Governments (SANDAG).
The ruling, tossing all but one of the claims, resulted in the case proceeding beyond the pleading stage which is considered the opening salvo between litigants. A confidential legal expert source described the result as an “interim victory” for the Kelsoe team. It allows the parties to conduct discovery to aid in future skirmishes. Attorneys from each side declined to comment about the judge’s ruling.
Kesloe is one of the lawsuits moving through the courts as the result of thousands of drivers on 125 toll road being charged incorrectly by license-plate readers or FasTrak transponders. The problems revealed by the toll road fiasco triggered a recent review by SANDAG’s as part of an effort to correct oversight problems within the organization.
SANDAG’s attorneys were successful in challenging all but one claim – Breach of Express Warranty. The judge allowed the Kelsoe team’s express warranty claim, that the promise of a correct toll being automatically deducted was not kept could proceed to the next phase of litigation.
There are several key elements to breach of express warranty claim. First, that the defendant (here SANDAG) provided a written warranty (promise); second, that the warranty did not perform as promised; third, after notice the defendant failed to repair the warranty; fourth, plaintiff (Kelsoe and thus the class he represents) was harmed; and, finally, the failure of the warranty to be as represented was a substantial factor in causing plaintiff’s harm. Kelsoe’s team alleges that SANDAG was aware of “errors with its tolling software that led to financial inaccuracies and errors” when it conducted internal audits, thus confirming his allegations.
SANDAG also has another lawsuit moving through the courts, this from their former director of accounting who says tens of thousands of motorists were charged incorrectly. Lauren Warrem is suing for wrongful termination, claiming her attempts to alert the public were thwarted by SANDAG management.
This latest information on SANDAG’s legal problems comes at a time when the agency is hoping Proposition G passes. Supporters insist that without the measure the region will have more smog, gridlock and traffic. Those that oppose it say SANDAG can’t be trusted —saying the deep flaws in the toll collection system are just one example of the agency’s ineptness. Another example is the agency’s overpromise on how much revenue could be raised by a 2016 sales tax measure.
Should Prop G pass, it will not have an end date. There is no sunset clause, the money will keep.
Yes, vote NO on Prop G, as the definition of insanity is doing the same thing over and over again and expecting different results. And btw, the same thing can be said of our failed and current Mayor – for anyone thinking of voting for his re-election.
I hope this lawsuit against SCAMDAG swiftly moves forward, and that individuals within the SCAMDAG organization are held accountable. Without accountability, our government will never ever improve for the better.
I fully concur with Ralph Teyssier on Prop G. Regarding [D] Mayor Gloria, his Strong Mayor position should be abandoned in-lieu for a City Manager -that worked when SD had one.