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HomeMy WebLinkAbout30-City Attorney < < 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