A lawsuit filed by a commuter on the State Route 125 toll road now has an Aug. 8, 2025, jury trial date. The lawsuit pits plaintiff Brandon Kelsoe against the San Diego Association of Governments (SANDAG). Superior Court Judge Robert Longstreth has issued a ruling in the case, throwing out all but one of the claims against SANDAG. This ruling allows the case to proceed beyond the initial pleading stage, marking a small victory for the Kelsoe team. It also permits both parties to conduct discovery to gather evidence for future arguments.
The lawsuit is a result of numerous drivers on the toll road being incorrectly charged by license-plate readers or FasTrak transponders. This toll road fiasco has prompted SANDAG’s auditors to review the agency’s oversight practices to address the problems. SANDAG’s attorneys successfully challenged most of the claims in the lawsuit, except for the breach of express warranty claim. This claim revolves around SANDAG’s promise of correctly deducting toll charges automatically.
Kelsoe’s team alleges that SANDAG was aware of errors in its tolling software that led to financial inaccuracies, a claim that was apparently confirmed during internal audits. In addition to Kelsoe’s lawsuit, SANDAG is facing another legal battle with their former director of accounting, Lauren Warrem, who claims tens of thousands of motorists were incorrectly charged. Warrem is suing for wrongful termination, alleging that her efforts to alert the public about these issues were obstructed by SANDAG management.
These legal issues concerning SANDAG come at a critical time as the agency hopes for the passage of Proposition G. Proponents argue that without this half-cent sales tax measure, the region will experience increased smog, gridlock, and traffic congestion. On the other hand, opponents of Proposition G question SANDAG’s credibility, pointing to the flaws in the toll collection system as evidence of the agency’s incompetence. They also cite SANDAG’s overestimation of revenue from a failed 2016 sales tax measure as another example of the agency’s unreliability.
