RE: Quarterly Report of Settlements and Active Litigation/Claims for the First Quarter of 2016 (1/1/2016 to 3/31/2016)
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1 Agenda Item#7.1 For Council Meeting: May 24, 2016 DATE: May 24, 2016 TO: FROM: Mayor Sawyer and Members of the Council Caroline Fowler, City Attorney RE: Quarterly Report of Settlements and Active Litigation/Claims for the First Quarter of 2016 (1/1/2016 to 3/31/2016) On February 10, 2015, Council authorized the City Attorney to provide a quarterly report to the Council identifying any settlement agreements entered into by the City with a settlement amount over $50,000 as recommended by the Open Government Task Force and to provide quarterly status reports regarding pending litigation matters. Attached as Exhibit A, is a list of settlements over $50,000 which have been approved during the first quarter of Attached as Exhibit B, is a list of ongoing litigation not yet been resolved as of March 31, Attached as Exhibit C, is a list of new claims that have been assigned to the City Attorney's Office from the Risk Department in the first quarter of
2 EXHIBIT A SETTLEMENTS OVER $50,000 FINALIZED IN FIRST QUARTER 2016 Case Name Date Settled Notes Kyle David Biedma, et City of Santa Rosa, et 3/9/2016 $125,000 California River Watch v. City of Santa Rosa 2/25/2016 $70,000 plus non-monetary agreements
3 City of Santa Rosa v. Chamberlain- Nielsen Ranch, Ltd., et SCV /17/04 & 03/18/04 City to receive $80,000 Complaint on Performance Bond; Breach of Contract Settled - $80k to City; awaiting settlement check Notice of Settlement filed 7/29/15 City of Santa Rosa v. Villages at Wild Oak Association, et Rafael Mateos-Sandoval and Simeon Avendano Ruiz v. County of Sonoma, City of Santa Rosa, et SCV /10/10 Complaint for Declaratory Relief; to Abate Violations of City Code and for Prescriptive Public Easement CV EDL 01/03/12 TBD Class Action Complaint for Damages and Injunctive Relief Judgment entered against City; appeal filed; stayed as to Church Active; likely appeal following judgment; class certification denied Citizens for Safe Neighborhoods v. City of Santa Rosa, et April Wagner v. City of Santa Rosa, et Daniel McGillicuddy v. City of Santa Rosa, et Taylor Dane v. The City of Santa Rosa, et SCV /25/12 TBD Petition for Writ of Mandate On Appeal - ruling in favor of City SCV /24/12 According to proof Dangerous Condition Successful MSJ on 3/9/2016 SCV /28/12 Acc. To Proof Dangerous Condition Awaiting trial date SCV /09/13 TBD Declaratory and Injunctive Appeal stayed Relief by California Supreme Court
4 Mark Gregory v. MV Transportation, Inc., the City of Santa Rosa, et SCV /25/13 TBD Complaint for Damages; negligence Tendered Defense to MV Transportation Adam Bigham v. City of Santa Rosa, et SCV /18/13 TBD Complaint for Negligence re roadway design (auto v. bicycle fatality) Ronald Norgrove v. City of Santa Rosa SCV /12/13 TBD Complaint for Personal Injury and Premises Liability Settled - Bigham $7,500 pending signatures and dismissal Settled $37,500; Dismissal filed. Settled Hernandez $212,500-12/23/2015 (See 4th Qtr 2015 Exhibit A) Settled 3/3/2016 Samuel P. Siebert v. City of Santa Rosa, et Charles T. Jensen, et v.city of Santa Rosa, et Kyle David Biedma, et City of Santa Rosa, et SCV TBD trip and fall Tendered Defense SCV /21/14 TBD Petition for Writ of Mandate On Appeal - ruling in favor of City SCV /23/14 TBD Complaint for Negligence, Settled $125k. False Imprisonment, Battery, (See Exh A); Malicious Prosecution, Dismissal filed. Violation of Civil Rights Settled 3/9/2016; 4/15/2016 Ronald B. Pike v. City of Santa Rosa, et SCV /12/14 TBD Complaint for personal injury damages re Fire Training Tower at SRJC Settled - no contribution by City. Awaiting dismissals 4/15/2016
5 Jorge Quinones Nava v. City of Santa Rosa and Does 1-10 SCV /29/14 TBD Complaint for Personal Injuries Settled - no contribution by City. Lena Harter, et v. CSR SCV /04/14 TBD Complaint for Survival/Wrongful Death; Negligence; Dangerous Condition of Public Property Bernard Norton, Jr. v. Santa Rosa Police Dept.; City of Santa Rosa C KAW 10/22/14 $700,000 Complaint for violation of civil rights, excessive force, false arrest Pleadings; Set for Trial 1/20/17 1/26/2016 Trial Date Vacated - to be reset Settled 1/12/2016; 1/26/2016 People of the State of CA, City of Santa Rosa v. Marie B. Tanner, et People of the State of CA, City of Santa Rosa v. Juan Martin Suarez, et CVSR Holdings, LLC v. City of Santa Rosa SCV /12/14 TBD Complaint and Petition for Injunctive Relief, Abatement of Nuisance and Appointment of Receiver Wheeler Street SCV /24/14 TBD Complaint and Petition for Injunctive Relief, Abatement of Nuisance and Appointment of Receiver Olive Street Receiver Appointed 7/23/2015 Receiver Appointed 6/16/2015 SCV /01/14 $466, Breach of Contract Hearing on Demurrer 7/8/2016 Terry L. Weiss v. Santa Rosa Police Department SCV /10/14 TBD False arrest, unlawful detainment, violation of civil rights; negligence Pleadings
6 Charles Craft v. City of Santa Rosa SCV /27/15 TBD Complaint for personal injury and negligence due to improperly secured wheelchair on city bus Paul Bussard and Lynn Denley-Bussard v. the City of Santa Rosa, et SCV /30/15 TBD Petition for Writ of Mandate Hearing set for 5/11/2016 Set for on sidewalk Trial 8/5/2016 Sheila Roff v. City of Santa Rosa; et SCV /11/15 TBD Personal Injury - Trip and Fall Mark Buras v. City of Santa Rosa; et C /12/15 TBD Complaint for Civil Rights Violation and Damages Robert Fowler v. City of Santa Rosa; et C /16/15 on SRPD; 3/23/15 on City TBD Complaint for false arrest, assault and battery; false imprisonment Settled $20k Settled 4/7/2016; Dismissal filed 4/14/16 Discovery; Set for Trial 9/6/2016 for waiver of costs 3/9/2016 Brian Kestler v. City of Santa Rosa, et Jose Godoy, et v. City of Santa Rosa, et Riccardo Capachilli, et v. City of Santa Rosa, et C /27/15 TBD Complaint for Damages Discovery 03/31/15 TBD Complaint for Damages (Unreasonable Seizure, Unconstitutional, Battery, Negligence, & Violation of Civil Rights) SCV /02/15 TBD Writ of Mandate to Compel Return of Seized Property and for other Relief Dismissal for waiver of costs pending Pleadings
7 David John Massie, et v. City of Santa Rosa, et Seth McDonald v. City of Santa Rosa, et SCV /03/15 TBD Complaint for Personal Injury - roadway SCV /26/15 TBD Complaint for personal injury - motorcycle accident Tendered to Chrisp Co. 10/15 Set for Trial 9/30/2016 City of Santa Rosa v. Hillcone Steamship Company, et United States, et, ex rel. John Hendrix v. J-M Manufacturing Company, Inc., et California River Watch v. City of Santa Rosa SCV /03/15 TBD Complaint to quiet title to Oakmont Treatment Plant property ED CV GW TBD 3:15 cv $37,500 per day, per violation and attorneys fees Federal qui tam action (and stayed state court action) filed against water pipe manufacturer for false claims Federal Clean Water Act complaint Pleadings Discovery and Phase 2 damages trial pending Settled $70k. (See Exh A) Dismissal filed. Settled 2/25/2016; 4/25/2016 Laurie Herrera v. Donald Hughes, City of Santa Rosa and Does 1 to 100 Department of Fair Employment and Housing, an agency of the State of California v. City of Santa Rosa; and Does One through Ten, inclusive, Thomas Draper, Real Party in Interest SCV /17/2015 TBD Roller skater fall on sidewalk discovery phase; Trial set 10/2/16 SCV /24/2015 TBD Complaint for Injunctive Relief and Compensatory Damages Hearing on Demurrer 6/8/2016
8 State of California, ex rel. Onthegowireless LLC v. Cellco Partnership, et (formerly Under Seal) Sacramento Superior Court Case No Qui Tam action for excess phone charges Council authorized intervention into litigation. Mossi v Carol Ann Molln, City of Santa Rosa, Does 1-20, Inclusive Rheanna Kennedy v. Sonoma County Superior Court, Chris Malhurin, City of Santa Rosa as the Santa Rosa Police Department, et Wendy Flood v. City of Santa Rosa and Does 1-50 Charles Garrett Harding v. City of Santa Rosa and Jon and Jane Doe #1-200 John Dumbrille v. City of Santa Rosa and Does 1 to 20 Richard Marcus v. City of Santa Rosa, THI VI Sonoma, LLC, and Does 1-10 Kristan Gilligan v. City of Santa Rosa, William Giles and Does SCV /19/2015 TBD Complaint for personal injury - Active- Trial set trip and fall 10/21/16 15-cv /8/2015 TBD Complaint for Damages Pleadings not KAW settled; motion to dismiss set for 6/16/2016 SCV /30/2015 TBD Complaint for Personal Injury; cyclist vs. pothole SCV /1/2016 Complaint for Preliminary Injuction to restrain from harming or destroying trees downtown SCV /14/2016 Unknown Complaint for Personal Injury and Property Damage; trip and fall SCV /8/2016 Personal injury sidewalk trip and fall. SCV /22/2016 Unknown Complaint for Personal Injury and Property Damage; auto rearender by employee Trial set for 12/2/2016 Preliminary Injunction Denied Trial set 11/4/16 Pleadings are settled; discovery underway Discovery underway Denied
9 Claimant Name Claim Date of Incident Date of Claim Location Description of Claim Scott, Michael No amount 1/14/2016 1/15/2016 Parking steps - no exact Fell on wet steps injuring hands, arms, listed location listed buttocks Williamson, Neva Over $25k 10/2/2015 2/10/2016 Petsmart, 1954 Santa Rosa Marketplace Gilligan, Kristan To Be Determined EXHIBIT C NEW CLAIMS FILED IN FIRST QUARTER OF 2016 Claims Santa Rosa Paratransit bus driver failed to secure her when she was trying to get on bus and caused her to fall to the ground; claim tendered 10/26/2015 1/19/2016 College Avenue Claims she was rearended by City Employee
RE: Quarterly Report of Settlements and Active Litigation/Claims for the Fourth Quarter of 2015 (10/01/2015 to 12/31/2015)
Agenda Item #9.1 Meeting of: February 23, 2016 DATE: February 23, 2016 TO: FROM: Mayor Sawyer and Members of the Council Caroline Fowler, City Attorney RE: Quarterly Report of Settlements and Active Litigation/Claims
Attached as Exhibit B, is a list of ongoing litigation not yet been resolved as of March 31, 2017.
DATE: April 4, 2017 TO: FROM: Mayor Coursey and Members of the Council Teresa Stricker, Interim City Attorney RE: Quarterly Reports of Settlements and Active Litigation/Claims for the Third Quarter of
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