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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
Subject:
Report on Cases Closed by City Attorney
Since January 1, 2000 and Related Matters
Dept: CITY ATTORNEY
Date: October 9, 2000
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Synopsis of Previous Council Action:
None.
Recommended motion:
None.
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Signature
Contact person: Robert L. Simmons
Phone:
5355
Supporting data attached:
Staff Report
Ward:
All
FUNDING REQUIREMENTS:
Amount: None
Source:
Finance:
Council Notes:
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Agenda Item No. II .
STAFF REPORT
Council Meeting Date: October 16.2000
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: October 10, 2000
AGENDA ITEM: Report on Cases Closed by City Attorney
Since January 1, 2000 and Related Matters
Attached is a brief summary of all of the cases closed by the City Attorney's office
from January 1, 2000 to the present. There are several additional cases that have been
tentatively settled and some have been approved by the Common Council but are not yet
closed. We are awaiting the final releases and dismissals before closing the files in which
settlement has been approved.
The City's record on settlements in both liability and worker's compensation cases
has been excellent especially when compared to other cities.
Closed Cases Januarv 1. 2000 to Present
1 City v. Gannett Outdoor AdvertisinlZ - SCV 07036 (SBSe)
Description:
Settlement:
DemandlReserves:
Reason for
Settlement:
Many years ago the City purchased land to expand the park. There was a
billboard on this land.
Billboard at Nunez Park removed by company- no cost to City.
o
City wanted the billboard removed from this entrance to the City and did not
want a billboard in a City park.
2. Alicia Hemy v. City
Description:
Settlement:
DemandlReserves:
Reason for
Settlement:
Slip and fall.
$7,000
$15,000
Settlement was less than potential loss at trial.
3. Geonzianna Pruitt. et aI. v. City
Description:
Settlement:
DemandlReserves:
Reason for
Settlement:
Mother interfered with the arrest of her son and was struck with a baton and
sprayed with pepper spray.
$60,000
$100,000
This matter was tried in October 1999 resulting in a hung jury on part of the
case (baton) and defense verdict on the remainder (pepper spray).
4. Eddie Cramm v. City - SCV 54562 (SBSe)
Description:
Settlement:
DemandlReserves:
Reason for
Settlement:
Plaintifffell into an unlit, unguarded storm drain on the 2800 block of Victoria
Avenue.
$30,000
$75,000
There was a prior accident at this location and repairs were not made. This
person then fell and suffered tom cartilage in his knee.
1
5. Barbara Ortiz v. City - CV 99-02154 NM (USDC)
Description:
Settlement:
DemandlReserves:
Reason for
Settlement:
Plaintiff was a long term employee of the Police Department who suddenly
resigned and said she was harassed. A supervisor ran a check on plaintiff on
the state criminal data system. This was an unpermissible use of the system.
$20,000
$30,000
The supervisor should not have used the state system for this purpose.
6. Audrey Payne v. City - (No Case No.)
Description:
Settlement:
DemandlReserves:
Reason for
Settlement:
Search of Premises without a warrant.
$36,000
$50,000
After reviewing the facts, we felt a court would find a warrant was necessary.
7. Fire Insurance Exchange v. City - SCV49908 (SBSC)
Description:
Settlement:
DemandlReserves:
Reason for
Settlement:
Subrogation flood damage claim near Little Sand Canyon.
o
o
The County maintains storm drain system.
8. Lawrence Webster v. Citv - SCVSS 56995 (SBSC)
Description:
Settlement:
DemandlReserves:
Reason for
Settlement:
Nuisance abatement, vehicles and trash removed.
Case dismissed.
o
Statute oflimitations expired.
9. The Ar~s Group v. City - SCVSS 58194 (SBSC)
Description:
Settlement:
DemandlReserves:
Reason for
Settlement:
Injunctive Relief to prevent demolition of the plaintiff's property.
The property was eventually rehabilitated.
Not applicable.
The City agreed to allow the rehabilitation to proceed.
2
10. Carol Lee Covey v. City - SCVSS 63977 (SBSe)
Description:
Settlement:
Demand/Reserves:
Reason for
Settlement:
Trip and fall at the Glen Helen Blockbuster Pavilion.
Plaintiff dismissed the City.
Not applicable.
The City had no responsibility for this area.
II. Joseoh Diaz v. City - SCV 48682 (SBSC
Description:
Settlement:
Demand/Reserves:
Reason for
Settlement:
Plaintiff tripped and fell on 3rd Street near Arrowhead where the pavement
was uneven.
$21,000
$60,000
Plaintiff broke his left ankle. He had serious problems following the accident
due to arthritis. He was a mechanic who had to stand all day. Settlement
represented 1/4 to 1/3 of total value of the case.
12. Lakeisha Tombv v. City - SCV 50332 (SBSe)
Description:
Settlement:
Demand/Reserves:
Reason for
Settlement:
Minor plaintiff ran into a pipe protruding from the ground at Speicher Park.
A drinking fountain had been removed and the pipe was left.
$23,000
$39,459
This was a dangerous condition created by the City.
13. Wm. Roger Earlv v. Thompson - SCV26115 (SBSC)
Description:
Settlement:
Demand/Reserves:
Reason for
Settlement:
Defendants failed to make loan payments. City had subordinate loans on
property.
City's loans were set aside by the foreclosure on first loan.
o
The foreclosure cut off City's rights on its subordinate loans.
3
!
14. Patricia Angiollilo v. San Bernardino Mobile Home Board - SCV 51401 (SBSe)
Description:
Settlement:
DemandlReserves:
Reason for
Settlement:
Seeking to set aside rent increase at mobile home parks.
Judgment for the City.
o
Plaintiff had an ample opportunity to raise these issues in administrative
proceedings.
15. Andrew Lucero Hernandez v. City - SCV 36341 (SBSC)
Description:
Settlement:
DemandlReserves:
Reason for
Settlement:
Minor hurt during softball game at Encanto Park.
o by City.
o
Insurance carrier for softball organization defended the City.
16. William Skiles v. Citv - (no case number)
Description:
Settlement:
DemandlReserves:
Reason for
Settlement:
Wrongful termination (suit never filed)
o
$30,000
City did nothing wrong.
17. Hector L. Serrano v. City - SCV 46669 (SBSe)
Description:
Settlement:
DemandlReserves:
Reason for
Settlement:
Police officer chased a stolen car and drove into plaintiff's house. Plaintiff
suffered severe brain damage and died 2 years later.
$4,500,000 plus medical care - City paid $1,000,000 of this.
$1,000,000 + excess insurance
Chasing the stolen car in an unknown neighborhood at high speed.
4
18. Josie Mae Dupree v. City - SCV 53261 (SBSe)
Description:
Settlement:
Demand/Reserves:
Reason for
Settlement:
Slip and fall.
$750.00
$15,000
Hiring of experts would far exceed the settlement amount.
19. Barbara Mancini v. City - San Bernardino Superior Court Case No. SCV 55917
Description:
Settlement:
Demand/Reserves:
Reason for
Settlement:
Trip and fall on raised sidewalk at 640 N. "F"Street.
Dismissed by the court.
o
Plaintiff failed to prosecute the case.
20. Lisa RodrillUez v. City - SCVSS 59183 (SBSe)
Description:
Settlement:
Demand/Reserves:
Reason for
Settlement:
City vehicle struck plaintiff's vehicle.
$15,000
$15,000
City's vehicle ran a stop sign.
21. M&M Bovs Supply v. Colorossi/City - SCISS65248 (SBSe)
Description:
Settlement:
Demand/Reserves:
Reason for
Settlement:
Supplies on construction job not paid for by contractor.
Resolved as part of the settlement with the contractor.
Not applicable.
The contractor paid this supplier when the dispute with the City resolved.
22. City v. Robert RelZo. et al. - SCVSS 66964 (SBSe)
Description:
Settlement:
Demand/Reserves:
Reason for
Settlement:
Police took possession of a check from two parties.
The City dismissed the case.
o
Mr. Rego agreed the check could be given to the other party.
5
23. Leroy Davis v. City - 00-1432 RT (USDC)
Description:
Settlement:
DemandlReserves:
Reason for
Settlement:
Plaintiff wanted for a parole violation. Police arrested plaintiff. His property
was lost.
$5,000
$10,000
This is a civil rights violation. Plaintiff s property should have been preserved
when he was arrested. This case was settled very cheaply compared to the
costs to defend it.
24. Essie Green. et aI. v. City - SCV 48491 (SBSC)
Description:
Settlement:
DemandlReserves:
Reason for
Settlement:
Several homeowners asked for additional compensation for their property
along the extension of Orange Show Road.
City granted summary judgment which is a judgment without a trial.
$70,000
City had no liability.
25. City v. Talmadge Hul!hes - SCVSS 65760 (SBSC)
Description:
Settlement:
DemandlReserves:
Reason for
Settlement:
City sued dog owner over unrestrained potentially dangerous dog.
City prevailed at court trial.
Not applicable.
The dog attacked an animal control officer.
26. Brenna P. v. Apple Valley Schools. Citv. et aI. - VCWS 020946 (SBSC)
Description:
Settlement:
DemandlReserves:
Reason for
Settlement:
Sexual harassment of minor at school.
City dismissed.
o
City has nothing to do with the school district.
27. Mario Stevens v. City - SCVSS 59457, FSB141756 (SBSC)
Description:
Settlement:
Demand/Reserves:
Reason for
Settlement:
Prison inmate seeking return of cash seized at arrest.
City prevailed at hearing.
o
The cash was forfeited to the City in a proper manner.
6
28. Deborah Richter v. City - SCV45876 (SBSC)
Description:
Settlement:
DemandlReserves:
Reason for
Settlement:
Slip and fall at Carousel Mall parking structure/entrance to mall.
$20,000 (paid by maintenance contractor at mall).
City paid O.
Liquid leaked from a trash can. Contractor had just been to scene and should
have seen it.
29. Summers Group. Inc. v. EDA - SCISS 66791 (SBSC)
Description:
Settlement:
DemandlReserves:
Enforcement of stop notice by sub-contractor.
The money is withheld from general contractor until resolved.
Included in contract price.
30. Kenneth Henderson. et al. v. EDA/City (Henderson II) - SCV 38695 (SBSC)
Description: Civil Rights for wrongful termination.
Settlement: City was granted summary judgment.
DemandlReserves: 0
Reason for
Settlement: There is a prior suit pending. No additional legal violations were committed.
31. Jorl!.e Serrano v. City - (No case No.)
Description:
Settlement:
DemandlReserves:
Reason for
Settlement:
Police searched the wrong apartment.
$70,000
$275,000
Warrant said apartment 9, officer searched apartment 11. Four plaintiffs were
traumatized.
32. Mark Bosse v. City - SCVSS 67086 (SBSC)
Description:
Settlement:
DemandlReserves:
Reason for
Settlement:
Police allegedly violated plaintiff's civil rights.
$15,000
$30,000
It was questionable whether or not the officer had probable cause to take
plaintiff into custody.
7
33. Mary S. Kent v. City - SBCI49969 (SBSe)
Description:
Settlement:
Demand/Reserves:
Reason for
Settlement:
Property damage and fraud in failure to connect to the sewer.
Judgment in favor of the City.
o
City had no liability - statute oflimitations and other legal issues.
34. Michael Ponder v. City - SCVSS 61170 (SBSe)
Description:
Settlement:
Demand/Reserves:
Reason for
Settlement:
Excess force by police during arrest.
Summary judgment for City.
o
Plaintiff was arrested for resisting arrest and convicted; therefore, no liability
on part of City.
35. Innovative Interiors v. EOMAC - SCVSS 67120 (SBSe)
Description:
Settlement:
Reason for
Settlement:
Mechanics lien from Cinema Star Theaters.
City never served.
Neither City nor EDA had any involvement other than as loan guarantor.
36. James Beckett v. SAWPA -.SCV 18510 (SBSe), E023554 (4th Dist. Ct. of Appeal)
Description:
Settlement:
Demand/Reserves:
Reason for
Settlement:
Declaratory Relief re sale ofland
o
Handled by outside law frrm for Water Department.
Plaintiff was seeking attorney's fees in addition to writ of mandate. These
were denied.
There are several additional cases that have been tentatively settled but not yet closed. We
are awaiting the final releases and dismissals before closing the files.
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