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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: ROBERT L. SIMMONS
Sf. Assistant City Attorney
Subject: Report on Cases Closed by City Attorney
between January 1,2002 to December 31, 2002.
Dept: CITY ATTORNEY
QR\G1NAL
Date: April 16, 2003
Synopsis of Previous Council Action:
None.
Recommended motion:
None.
{l~~. ..(l~
Signature
Contact person: Robert L. Simmons
Phone:
5355
Supporting data attached: Staff Report
Ward:
All
FUNDING REQUIREMENTS: Amount: None at this time
Source:
Finance:
Council Notes:
Agenda Item No. ,3D
1 /'-1/ D3
STAFF REPORT
Council Meeting Date: ADril 21. 2003
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council
Robert L. Simmons, Sr. Assistant City Attorney
April 16, 2003
Report on Cases Closed by City Attorney Between January 1,2002 and
December 31, 2002.
Attached is a brief summary of all of the cases closed by the City Attorney's Office from
January I, 2002 to December3l, 2002.
The City's record on settlements in both liability and worker's compensation cases has been
excellent, especially when compared to other cities.
Closed Civil Cases Januarv 1. 2002 to December 31. 2002
1. Renee Acuna v. City, et al.
Description:
Resolution:
DemandlReserve/
Exposure
Reason for
Settlement::
Trip and fall on a raised sidewalk at 5105 North "E" street. Plaintiff
broke her right foot.
$11 ,000 settlement.
$25,000
Reasonable chance that verdict would exceed settlement.
2. Ronald Africa v. City. et al.
Description:
Resolution:
DemandlReserve/
Exposure:
Reason for
Settlement:
Mr. Africa was sued by a motorcycle rider who hit his vehicle at the
northbound Mill Street exit at the 215 freeway. Mr. Africa cross-
complained against the City saying the design of the road contributed
to the accident.
City was dismissed.
$30,000
City was not liable.
3. Allstate Insurance Co. v. City
Description:
Resolution:
DemandlReserve
Exposure:
Reason for
Settlement:
Allstated sued the wrong entity. The County was the proper patty.
O/City was dismissed.
o
City should not have been in the lawsuit.
4. Ghassin AI-Yassin v. Citv
Description:
Resolution:
Demand/Reservel
Exposure:
Reason for
Settlement:
The Police Department seized cash and property during a drug
investigation.
O/Property was returned; cash was given to the State Board of
Equalization pursuant to their lien.
Return of cash and property/O reserves.
No criminal case filed.
5. Jennifer & Robert Bailey v. City, et al.
Description:
Resolution:
DemandlReservel
Exposure:
Reason for
for Settlement:
6. Nicholas Barber v. City
Description:
Resolution:
Demand/Reservel
Exposure:
Reason for
for Settlement:
Family ejected after police notified property owner that a drug
warrant was served on the property. Police clerk notified the wrong
property owner.
$40,000 settlement
$40,000
Settlement was less than exposure at trial.
Minor fell in a hole next to the City sidewalk on west Mill Street
bridge. The City crew repaired the hole after the incident. The minor
injured his knee.
$35,000 settlement
$35,000
Settlement was less than exposure at trial.
2
7. Stephanie Battle. et al. v. Citv
Description:
Resolution:
Demand/Reserve!
Ex pos ure:
Reason for
Settlement:
8. Kenneth Bausano v. Citv
Description:
Resolution:
Demand/Reserve!
Exposure:
Reason for
Settlement:
9. Martin Bennett v. Citv
Description:
Resolution:
Demand/Reserve!
Exposure:
Reason for
Settlement:
Six full-time police department employees worked as part-time call
takers in the City's emergency dispatch center. The employees
claimed they were entitled to overtime pay for this work under the
Fair Labor Standards Act.
$15,000 to the employees; $32,000 in attorneys fees to the employees'
attorneys.
$100,000
The City was probably liable under the FLSA and the settlement was
less than the exposure at trial.
Plaintiff is a real estate developer. Tracts 11857-11860 at the
northend of Sterling A venue were not developed and allowed to
revert to acreage. The developer claims this change damaged it. The
City was defended and indemnified by the lender.
The demurrer of the City was sustained without leave to amend.
o
The City acted legally.
Plaintiff, a forrnerpolice detective, sought writ of mandate reinstating
him as a police officer. The City's Civil Service Commission upheld
his termination.
Plaintiff voluntarily dismissed the case. The termination stands.
O. Money damages were not sought.
Plaintiff voluntarily dismissed the action.
3
r
10. Patrick Bills v. Citv
Description:
Resolution:
Demand/Reserve/
Exposure:
Reason for
Settlement:
Plaintiff alleged an illegal search by the Cities of Fontana, Rialto and
San Bernardino and the County of San Bernardino. The search was
in Fontana. The City of San Bernardino has no record of any such
search.
City of San Bernardino was dismissed.
o
City of San Bernardino had no involvement.
II. Magdaleno and Romelia Carranza v. Citv (two actions filed - one each in State and Federal
Courts)
Description:
Resolution:
DemandlReserve/
Ex pos ure:
Reason for
Settlement:
12. David Child v. Citv
Description:
Resolution:
DemandlReserve/
Exposure:
Reason for
Settlement:
Police responded to a shooting in the area of plaintiffs' home.
Plaintiffs claim the police assaulted them.
Cases dismissed for lack of prosecution.
$25,000
Plaintiff did not pursue the matter.
Plaintiff claimed the City violated his civil rights by failing to make
arrests when a third party allegedly tried to run him over with a car.
Case dismissed.
$10,000
The court agreed with the City that the City was not legally liable to
plaintiff.
4
13. Citv of San Bernardino v. Hubbs, et al.
Description:
Resolution:
DemandlFteserve/
Exposure:
Reason for
Settlement:
Eminent domain action by the City for the extension of Orange Show
Road at Tippecanoe.
$65,000 settlement.
$65,000
The property was valued at $65,000.
14. Citv of San Bernardino v. Knight Transportation, et al.
Description:
Resolution:
DemandlFteserve/
Exposure:
Reason for
Settlement:
The City sued to recover worker's compensation benefits paid to one
of its police officers injured in a collision with a truck owned by
defendant. The driver drove the truck off-duty while intoxicated.
The case was settled with the City receiving $7,500.
N/A.
The driver was driving the truck without the permission of the owner.
The settlement was probably more than would have been recovered
at trial.
15. City of San Bernardino v. Larrv A. Singleton
Description:
Resolution:
Demand /Reserve/
Exposure:
Reason for
Settlement:
This case arose when defendant refused to leave the podium at a City
Council meeting. The City of San Bernardino sought a restraining
order preventing defendant from harassing several of its employees.
Criminal actions were also filed against the defendant by the District
Attorney.
The City was granted a three year injunction.
N/A.
The court agreed with the City's position.
5
,
16. Citv of San Bernardino v. Skinner
Description:
Resolution:
DemandlReservel
Exposure:
Reason for
Settlement:
The City brought suit to prevent an owner from allowing a vicious
dog to roam the neighborhood. The owner had previously been
ordered to keep the dog locked in the yard. The dog allegedly
escaped and attacked a neighborhood dog. The owner denied that her
dog was involved.
Ultimately the owner moved to another City and the Court allowed
her to take the dog with her.
N/A.
The City agreed with the court's resolution.
17. The Citv of San Bernardino v. The Harris Co.. et al.
Description:
Resolution:
DemandlReservel
Exposure:
Reason for
Settlement:
The City brought suit for breach of contract against the Harris
Company, its corporate owner and Gottschalks over the closure of
Harris' downtown store.
The Harris Company agreed to abide by its agreements with the City.
N/A
The City received all of the relief it sought.
18. Ana Mae Cox v. Citv. et al.
Description:
Resolution:
DemandlReservel
Exposure:
Reason for
Settlement:
Plaintiff alleged she was involved in an auto accident with a vehicle
operated by a City employee.
Case dismissed.
$7,456.00
Plaintiff failed to file a timely claim.
6
19. Douglas Domino v. City of San Bernardino, et al.
Description:
Resolution:
Demand/Reservel
Exposure:
Reason for
Settlement:
20. Billv Duncan v. City:
Description:
Resolution:
Demand/Reservel
Expos ure:
Reason for
Settlement:
Plaintiff was a retired City police officer with a warrant issued for his
arrest. The City's S.W.A.T, team was sent to arrest plaintiff because
he was believed to be armed. Upon entry, one of the officers
accidentally fired his weapon. The other officers thought the gunfire
was coming from inside the plaintiffs house and began firing into the
house. Plaintiff was not hit by the officers' gunfire but his house was
damaged.
$75,000 settlement
$150,000
The settlement was less than the probable jury verdict.
Plaintiff was arrested and charged with assault on a police officer.
Plaintiff claimed the police officer used excessi ve force.
Dismissed.
o
Court did not have jurisdiction.
21. Garv Emblem d.b.a. Sepulveda Arms v. City of San Bernardino, et al.
Description:
Resolution:
Demand/Reservel
Exposure:
Reason for
Settlement:
City filed a narcotics abatement action against plaintiff. Plaintiff then
filed this civil rights action.
The lawsuit was never served on the City.
o
The City never had to respond to the lawsuit.
7
22. Fire Insurance Exchange v. City of San Bernardino. et al.
Description:
Resolution:
Demand/Reserve!
Exposure:
Reason for
Settlement:
Plaintiff paid a damage claim to its insured caused by a backup in the
sewer lateral. The backup was allegedly caused by tree roots.
Plaintiff dismissed the lawsuit.
None.
Apparently plaintiff felt the suit would not succeed.
23. Ruthee Goldkorn. et al. v. City. et al.
Description:
Resolution:
DemandJReserve!
Exposure:
Reason for
Settlement:
Plaintiffs, three disabled individuals, sued under the Americans with
Disabilities Act asking that the City be ordered to bring its program
and facilities into compliance with standards of the Act. The primary
complaint was curb ramps.
$250,000 settlement for damages and plaintiffs' attorneys fees and the
City agreed to expend a total of $500,000 per year until the City is in
compliance with the ADA.
$150,000
This is a reasonable means to bring the City's program and facilities
into compliance.
24. Shirley Goodwin v. City. et al.
Description:
Resolution:
DemandJReserve!
Exposure:
Reason for
Settlement:
Plaintiff claims her civi I rights were violated when a videotape was
taken from her at a City Council meeting.
City's motion for summary judgment granted.
o
City prevailed without the need for a trial. The City's legal portion
was correct.
8
25. Haddon v. Citv
Description:
Resolution:
DemandlReservel
Exposure:
Reason for
Settlement:
Plaintiff purchased a house that had some defective construction.
Plaintiffs claimed that the City negligently allowed the construction
to take place by doing an improper inspection.
The case was dismissed following the City's successful demurrer.
o
Immunities protect the City in these situations.
26. Rose A. Hendricks v. City
Description:
Resolution:
DemandlReservel
Exposure:
Reason for
Settlement:
The City's contractor was trimming trees in plaintiffs neighborhood.
Some branches were left in plaintiffs driveway. She claims she
injured her back trying to move the branches. The contractor's insurer
defended and indemnified the City.
SettledlO cost to the City
$25,000
The insurance carrier felt the settlement was less than the potential
jury verdict.
27. Antonio Hernandez v. City:
Description:
Resolution:
DemandlReservel
Exposure:
Reason for
Settlement:
Police entered plaintiffs residence under a valid search warrant.
Plaintiff alleged violation of civil rights, defamation, false
imprisonment and other activities.
Dismissed for lack of prosecution.
o
Dismissed by court.
9
28. Linda Howell. et al. v. City. et al.
Description:
Resolution:
Demand/Reserve/
Exposure:
Reason for
Settlement:
29. George Miniarez v. City
Description:
Resolution:
Demand/Reserve/
Exposure:
Reason for
Settlement:
Plaintiffs are the adult children of Georgia Howell. Plaintiffs claimed
the City's paramedics contributed to the death of Ms. Howell when
they were called to treat her.
City was granted summary judgment.
o
Neither the City nor its employees acted negligently.
Plaintiff was injured in an auto accident. A police vehicle turning left
at Rialto and "D" Street struck plaintiffs vehicle.
$20.000 settlement
$20.000
Settlement was lower than potential exposure at trial.
30. Mervvn O'Neil v. San Manuel Band of Mission Indians. City. et al.
Description:
Resolution:
Demand/Reserve/
Exposure:
Reason for
Settlement:
Plaintiff was hit by a car while crossing Victoria A venue from the
casino to the parking lot.
City's Motion for Summary Judgment granted.
o
The City has no legal duty to plaintiff.
31. Nicholas Palazuelos v. City
Description:
Resolution:
Demand/Reserve/
Exposure:
Reason for
Settlement:
Plaintiff injured his leg on a gate at the City's baseball stadium.
Settled for $32,500
$30,000
Settlement is less than potential exposure at trial.
10
32. People v. Hodgdon. et al.
Description:
Resolution:
Reason for
Settlement:
The People of the State of California through the City of San
Bernardino and the State of California sought to enforce the state's
fish and game laws for illegal grading.
Defendant paid the sum of $175,000 ($50,000 to the State and
$125,000 to the City) to the City and a lengthy settlement agreement
was reached as well.
This was a reasonable resolution to a lengthy and vigorously
prosecuted and defended lawsuit.
33. Judith Ann Petrosino v. City
Description:
Resolution:
Demand!Fteserve/
Exposure:
Reason for
Settlement:
34. Rene Rivas v. City
Description:
Resolution:
Demand!Fteserve/
Ex posure:
Reason for
Settlement:
Plaintiff tripped and fell on Pacific A venue where a panel of sidewalk
was missing. The panel had been removed for some maintenance
purpose and not replaced before plaintiff fell.
$12,000 settlement
$30,000
Reasonable chance that a verdict would exceed a settlement.
Plaintiff was at his ex-girlfriend's house and intoxicated. Police were
called, Plaintiff claimed the police used excessive force on him after
arri val.
Case dismissed.
$25,000
Failure to prosecute.
11
35. Frank Rodriguez v. City, et al.
Description:
Resolution:
DemandlReservel
Exposure:
Reason for
Settlement:
Police officers were at a crime scene near plaintiffs house. They
were attacked by plaintiffs dog and shot the dog. The dog survi ved,
but required veterinary care.
City prevailed at trial.
$25,000
Judge found the City and its employees had discretionary immunity.
36. Sandra Salazar v. City. et al.
Description:
Resolution:
DemandlReservel
Exposure:
Reason for
Settlement:
37. Jack SalisburY v. City
Description:
Resolution:
DemandlReservel
Exposure:
Reason for
Settlement:
Plaintiff was walking north on Orange Street and tripped and fell on
uneven concrete injuring his shoulder.
Settled for $25,000
$30,000
The settlement was less than a probable jury verdict.
Plaintiff was with a church group at the City pool at Hernandez
Community Center. He was on the diving board preparing to dive.
He jumped up and when he came down his foot slipped. He broke his
ankle.
Settled for $70,000
$93,000
The settlement was less than a probable jury verdict.
12
"
38. Samaan v. City
Description:
Resolution:
DemandJReserve/
Exposure:
Reason for
Settlement:
The police received an alarm call in the late night/early morning at
Gibson's Health Foods. An officer responded to Gibson's old location
which was then occupied by Mike's Ice Cream. The officer
approached the back of the building. Mr. Samaan mistook the officer
for a robber and shot and hit the officer. The officer returned fire and
killed Mr. Samaan.
The City and officers prevailed on all but a minor issue at trial. On
appeal, the City and officers were completely exonerated.
$150,000
Jury verdict.
39. San Bernardino City Professional Firefighters/Crowell v. City
Description:
Resolution:
DemandJReserve/
Exposure:
Reason for
Settlement:
This was a dispute regarding the promotion of a firefighter and
alleged unfair labor practices.
The City agreed to promote the firefighter retroactively and the
lawsuit was dismissed.
No money involved.
Settlement was beneficial to all parties.
40. Southern California Edison v. City
Description:
Resolution:
DemandJReserve/
Ex pos ure:
Reason for
Settlement:
SCE alleged its underground electrical facilities were damaged during
a City sewer construction project.
The contractor agreed to indemnify the City.
$5,000
The construction contract required the contractor to name the City as
an additional insured on its policy.
13
"
41. Ezzat Soliman v. City
Description:
Resolution:
Demand/Reservel
Exposure:
Reason for
Settlement:
Mr. Soliman operated the Masterdome on South "G" Street. He held
concerts and for a period of time he used the parking lot at the nearby
City-owned baseball stadium. When the parking access was
discontinued, Mr. Soliman claimed his civil rights were violated.
$80,000 settlement and plaintiff discontinued operations.
$300,000
The settlement was less than a potential jury verdict.
42. Jessie Charles Stone v. City ofPerris. City. et al.
Description:
Resolution:
Demand/Reservel
Exposure:
Reason for
Settlement:
An arrest warrant was issued for Jessie E. Stone. City police arrested
plaintiff without checking further. Plaintiff spent several days in jail
before making bail.
$30,000
$10,000
Settlement is less than potential verdict.
43. Pete Tavlor. et al. v. City
Description:
Resolution:
Demand/Reservel
Exposure:
Reason for
Settlement:
A City of San Bernardino Police Officer was on his way home after
his shift. He stopped in a drive-thru in Moreno Valley to have a late
dinner. Taylor approached the car and reached in his waistband as if
reaching for a gun. The officer, James Roberts, thought he was being
carjacked and drew his service weapon and shot Taylor.
Taylor - $150,000 settlement
$750,000
The settlement was less than a potential jury verdict.
14
"
44. Anita and Tanisha Thomas v. Citv
Description:
Resolution:
DemandlReservel
Exposure:
Reason for
Settlement:
Sheriffs deputies were executing a search warrant of the plaintiffs
home. The male deputies called for a female officer from the SBPD
to search the plaintiff. The warrant did not include a search of the
person.
The City settled its portion of the case for $16,250 (one-half of the
total).
$100,000
The settlement was less than a potential jury verdict.
45. Shallie Thomas v. Citv. et al.
Description:
Resolution:
DemandlReservel
Exposure:
Reason for
Settlement:
46. Traugott v. Citv, et al.
Description:
Resolution:
DemandlReservel
Expos ure:
Reason for
Settlement:
Plaintiff was a passenger on a bus. A City truck drove by the bus. A
shovel protruded from the truck and struck the bus. Plaintiff claimed
$10,000 in injuries. Only $38 damage was done to the bus.
Dismissed.
$25,000
The shovel could not have caused damage to plaintiff.
Plaintiff operates a business in the Patton Depot which is an old
building located on the San Manuel Tribe casino parking lot at
Highland and Victoria. The plaintiff and Indian Tribe have had a
long running legal battle. Plaintiff claimed the City illegally issued
permits for the parking lot which illegally aided the tribe's gaming
activities. The San Manuel Band of Mission Indians assumed the
defense of the City pursuant to its agreement with the City.
The City's demurrer was successful and judgment was entered for the
City.
No money demand was made.
The City acted legally in approving the parking lot.
15
47. James Ed Williams v. Citv. et al.
Description:
Resolution:
DemandlReservel
Exposure:
Reason for
Settlement:
Plaintiff was involved in a traffic collision with a County vehicle.
The City was dismissed. The County of San Bernardino was the
proper party.
o
The City was an improper party.
16