HomeMy WebLinkAbout34- City Attorney ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: DIANE C. ROTH Subject: Request for increase in City Attorney's Office
Sr. AssistantCity Attorney budget for outside counsel and litigation expenses.
Dept: CITY ATTORNEY
Date: March 7,2011
Synopsis of Previous Council Action:
February 22, 2011 -Referred to Ways and Means Committee.
Recommended motion:
Increase City Attorney's Budget by$300,000 for Outside Counsel and$150,000 for Litigation Expenses.
C
ignature
Contact person: Diane C. Roth Phone: 5355
Supporting data attached: Staff Report Ward:
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
Council Notes:
Agenda Item No.
I
CITY OF SAN BERNARDINO
INTRA-OFFICE MEMORANDUM
TO: Mayor and Common Council
FROM: Diane Catran Roth, Senior Assistant City Attorney
DATE: March 3, 2011
RE: Updated Litigation Report
The following is a summary of the civil cases opened between January 1, 2011 and March 3,2011:
12/31/08 12/31/09 12/31/10 3/1/11 %Change
since 2008
Total number of open civil cases 77 86 103 110 43%
Outside counsel 30 32 33 35* 17%
In-house 47 54 70 75 60%
Police cases 23 33 40(50) 45 (55)** 96%
Federal court cases 10 17 25 27 170%
* Council retained outside counsel on two new cases on February 22: Irma Moises Rodriguez on
the Firefighters' Union case re imposition of furloughs(cost to be paid by H.R.)and Timothy Sabo
on Placo v. City, EDA, et al. (cost to be paid by EDA)
** In the 2010 Annual Litigation Report, I reported as police cases only the 40 in which City was
a defendant. There were an additional 10 police cases in which the City was Plaintiff/Prosecutor.
We have 5 new police cases opened since January 1, 2011. The percentage increase takes into
account only the police cases in which the City is a defendant; the plaintiff/prosecution cases has
remained constant.
Total number of new cases opened since January 1, 2011: 11
Total number of cases closed since January 1, 2011: 4
Since January 1, 2011, the following new cases have been opened:
Brian Boom v. City, et al. Seeks damages for alleged wrongful demotion, violation of
civil service right to hearing and violation of Peace Officers'
J&n,t,
Updated Litigation Report
March 3, 2011
Page 2
Bill of Rights; also seeks declaration that rank of Captain is
classified and order that"Schneid"report be destroyed
Patricia Carson v. City, et al. Alleged dangerous condition of public property(stepped into
a pothole in animal shelter parking lot)
Destiny Colon, et al., v. City of Fontana, et al. Alleges dangerous condition adjacent to
railroad tracks. Plaintiffs allege they were walking on a
walkway,when a pack of vicious dogs came through a broken
fence and mauled plaintiffs. Alleges City is liable due to its
provision of animal control services to City of Fontana
Mihai Duiciuc v. City, et al. Federal civil rights case (code enforcement alleged illegal
entry onto property)
Arnold Herrera v. City, et al. Federal civil rights case (alleged police warrantless search,
wrongful arrest, excessive force)
Placo, San Bernardino c. City Seeks Damages & equitable relief alleging inverse
condemnation,violation of right to equal protection,violation
of contract rights, breach of contract, interference of
prospective economic advantage—regarding foreclosure on the
Carousel Mall
San Bernardino Professional Firefighters, Local 891, et al., v. City, et al Firefighters' suit
regarding imposition of salary concessions
Joe Taylor v. City February 14, 2010 accident on North Tippecanoe, south of
East Baseline in which plaintiff's bicycle entered a concrete
drainage ditch and catapulted his body onto the roadway;
alleges dangerous condition of public property, failure to
maintain, failure to warn
Universal Trailers, Inc., v. City, et al. Suit for inverse condemnation, dangerous condition,
negligence, trespass. Alleges that January 21, 2010,the flood
control channel&culvert overflowed and flooded the business
located at 1050 East Cooley Ave. with water, mud & debris.
Mark Wainwright v. Martinez,
et al. Auto accident on June 5 2
g 010, in which the car driven
by plaintiff collided with a San Bernardino police vehicle.
Plaintiff alleges the police officer was at fault.
I
Updated Litigation Report
March 3, 2011
Page 3
Karla Ybarra, et al, v. Southern California Edison, et al. Alleged dangerous condition case
resulting from an auto accident on January 13, 2010, on Mill
Street, east of Tippecanoe, when plaintiff allegedly drove his
vehicle into an uncovered manhole
Although we do not have any way of knowing what new cases will be opened over the remainder of
this fiscal year, we have some pending claims that we know will be filed. For example:
Claim of a minor child(Williams)and an unborn child over the shooting death of their father,
Ephraim Williams, by a San Bernardino police officer on December 25, 2010, near
the intersection of Magnolia Ave. and E Street. The claimants are represented by
Brian Dunn, an attorney with the Cochran Firm in Los Angeles. This will be a civil
rights case and will most likely be filed in federal court.
In addition, we have several cases coming up for trial in the next few months for which we need to
retain experts. Typically, the types of experts we require charge between$15,000 and$25,000,but
some may run as high as$40,000. In federal court,we must disclose to plaintiff's attorney the experts
and their reports 90 days before trial or we are precluded from calling them to testify at trial.
We are,therefore, again requesting an increase in our budget in the amount of$300,000 for outside
counsel and $150,000 for litigation expenses.