Lawsuit Against SANDAG Over Route 125 Toll Problems Moves Ahead After Ruling

A lawsuit filed by an unhappy commuter on the State Route 125 toll road now has an Aug. 8, 2025, jury trial date.   

Superior Court Judge Robert Longstreth 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. 

The ruling, tossing all but one of the claims against SANDAG, resulted in the case proceeding beyond the pleading stage, which is considered the opening salvo between litigants.

An expert on legal matters described the result as an “interim victory” for the Kelsoe team.  It allows the parties to conduct discovery to aid in future case arguments. Attorneys from each side declined  to comment about the judge’s ruling. 

Kelsoe’s is one of the lawsuits moving through the courts as the result of thousands of drivers on the 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 auditors as part of an effort to correct oversight problems within the agency. 

SANDAG’s attorneys were successful in challenging all but one claim — breach of express warranty — which is the promise of a correct toll being automatically deducted.

There are several key elements to the breach of express warranty claim.  First, that SANDAG provided a written warranty; second, that the warranty did not perform as promised; third, that after notice SANDAG failed to repair the warranty; fourth, that Kelsoe and the class he represents were harmed; and, finally, that the failure of the warranty to be as represented was a substantial factor in causing plaintiffs’ 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 faces another lawsuit moving through the courts, this one from their former director of accounting, who alleges 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 half-cent sales tax measure the region will have more smog, gridlock and traffic.  

Those who oppose it say SANDAG can’t be trusted, that the deep flaws in the toll collection system are an example of an inept agency. Another example is the agency’s overpromise on how much revenue could be raised by a 2016 sales tax measure that was defeated by voters.