Scales of Justice

By Liset Marquez, Inland Valley Daily Bulletin
Posted: 03/25/15, 8:39 PM PDT |

RIVERSIDE >> Attorneys for Ontario on Wednesday filed a motion asking a Riverside Superior Court judge to reject Los Angeles’ latest legal move aimed at getting the Ontario airport suit dismissed.

Both sides will be in court on April 8 to address the claim filed by attorneys for L.A. last month, arguing that Ontario waited too long to seek any damages on three claims in the suit for breach of fiduciary duty, contract, and covenant of good faith and fair dealing.

Andre Cronthall, attorney for Ontario, argues that the motion filed by L.A. last month “smacks of bad faith and dilatory conduct.”

Cronthall goes on to say in the 25-page motion that Ontario’s claim did comply with L.A.’s code and should be barred from raising it during the “Eleventh hour in this case.”

“Los Angeles’s delay in raising the Act had led to prolonged and costly litigation and has permitted LAWA (Los Angeles World Airports, which operates the Ontario airport) to perpetuate two more years of mismanagement at ONT, all while Ontario has been forced to resort to this Court for relief,” he said.

Citing a legal maneuver, used in other court actions involving breach of contractual obligations, Ontario contends that each time a wrongful act occurs, it triggers a new limitations period.

“Ontario’s claims are timely under the continuing violation doctrine because the wrongful conduct occurring outside the limitations period has continued into the limitations period,” Cronthall wrote.

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