HomeMy WebLinkAbout2012 City Attorney Quarterly Reports Y�
Council/Agency Meeting Held: c�O
Deferred/Continued to:
l Appr ed ❑ Conditionally Approved ❑ Denied it lerk' Sign e
Council Meeting Date: September 17, 2012 Departm Number: CA 12-013
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jennifer McGrath, City Attorney
PREPARED BY: Jennifer McGrath, City Attorney
SUBJECT: City Attorney's 1 st Quarter Report - January 1, 2012, through March
31, 2012
Statement of Issue: Receive and file the City Attorney's 1st Quarter Report - January 1,
2012, through March 31, 2012.
Financial lmpact: N/A
Recommended Action: Motion to:
Receive and file the City Attorney's 1st Quarter Report - January 1, 2012, through March 31,
2012.
Alternative Action(s): Do not receive and file the City Attorney's 1st Quarter Report -
January 1, 2012, through March 31, 2012.
Analysis: N/A
Environmental Status: N/A
Strategic Plan Goal: Improve the City's infrastructure
Attachment(s):
1. City Attorney's 15t Quarter Re ort 2012
2. 1 Civil Litigation Cases
HB -117- Item 5. - 1
ATTACHMENT # 1
City Attorney's Quarterly Report
This report reflects the activities of the City Attorney's Office for January 1, 2012 through
March 31, 2012.
Administration Division
The administration and support functions are performed under the supervision of the City
Attorney. This includes personnel, clerical, financial, technology, training and
development, and records management support. This function also includes attendance
at regular council meetings as parliamentarian and advisor, and active participation in the
executive management team to promote the strategic goals of the City Council.
Significant projects for the Administration Division include:
• Provided city-wide training entitled: AB 1234 — Ethics Training
• Prepared and arranged 21 Civil Citation Hearings for City's hearing
officer.
Advisory Division
The Advisory Division, comprised of three attorneys, provides legal assistance on all
matters pertaining to the daily operation of the City to the City Council and City officers. It
prepares all legal documents and opinions to ensure the City can accomplish its goals
and objectives with little, if any, risk of litigation.
1 st Quarter 2012 Summary
84 Matters completed
85% Priority matters completed within 30 days
128 New RLSs received
33 Outstanding RLSs
Additionally, staff made 20 appearances in West Municipal Court on various Municipal
Code violation cases and provided on-going advice related to the following:
Police / Fire Ordinancs for Development Leasing Portion of Main Street Library
Impact Fees requiring Measure C Vote
Amend License Agreements for Plaza Amend Hotel / Motel BID to Include
Almeria and Pierside Pavillion Carts Sunset Beach
TOT Collection in Sunset Beach Urban Security Agreement
Amend Waterfront Development Certification of Fina EIR for Beach & Ellis
Agreement Mixed Use Project
Police Directed Tow RFP Covenant w/ETSC re City Hall Property
07-1059 i 3266689.doa FIB -119- Item 5. - 3
REQUESTS COMPLETED BY MATTER TYPE (January— March 2012)
Advice Public'-"�°l, Labor
Memos Documents
Records& Criminal Resolutions Agreement
Total & &Contracts Citizen Pitchess& & Projects Negotiations,
Opinions Inquiry Hearings Ordinances Grievances&
Requests Investigations'
Total 99 7-1-N111 57 8 15= 6
Administration
Cii-�""X$to'mey 6 3 3
City Clerk 0
City,,Treasurer
Community Services 2 2
Econ. Development 24 1 19 2 2
Finance 9 1 5 1 2
Fire 4
4.-
Human Resources 6 2 4
Information;SeNices, 1 1
Libra ry 2 2 Planning&Building 8 2 6
lip
Police 17 9 8
Public Works 18 3 10 ':5
Significant projects for the Advisory Division include:
1. Ballot Summary for Retirement Tax Repeal to Circulate Petition
2. Lease Agreement with Huntington Beach Marketing and Visitors Bureau
3. Sale of City Owned Property in Westminster
4. Amended License Agreements for Plaza Almeria and Pierside Pavillion
Carts in the Public Right of Way
5. Active Networks — Municipal Marketing / Canteen Vending Services
6. Bicycle Master Plan
7. Social Media Policy
8. Certification of Skate Park EIR
9. Certification of Final EIR for Beach and Ellis Mixed Use Project
Item 5. - 4 07-1059/3266689.doc HB -120-
10. Partners with A Safer America — Placement of Bail Bond Advertising in City
Jail
11. Vacation of Waterline Easement at Edinger Plaza
Litigation Division
The Litigation Division, comprised of three attorneys, handles all civil matters on behalf of
the City and its employees and officials. Ninety-five percent (95%) of the cases are
handled by the in-house staff unless there is a conflict in representation or the outside
counsel is paid by a third party.
The Litigation Division handled 62 active cases during the first quarter. The City was
served with eighteen (18) new cases this quarter. The charts below identify the types of
cases and the potential liability exposure of these cases.
07-1059 i 3266689.doc HB -121- Item 5. - 5
Active Litigation Cases
4
Miscellaneous includes: Automobile, Breach of Contract,&Criminal Prosecution
POTENTIAL LIABILITY OF PENDING CASES
13 Reserves under $50,000 111 Reserves over $50,000
7
6
5
4
3
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Item 5. - 6 07-1059 i 3266689.aoc HB -122-
The Litigation Division settled the following cases with no monies paid to the
plaintiffs:
1. The City is suing to enforce the Affordability Covenant.
2. Complained against local business. City received a Writ of Attachment.
CC&R is levying the City's payments owed.
3. Personal Injury and Wrongful Death action involving pedestrians stuck in a
crosswalk on Springdale Ave. Plaintiffs claim said location was a
dangerous condition of public property.
4. Subcontractor claims that contractor breached the contract by not
providing payment for labor and materials for worked performed on the
Newland Street Improvement Plan.
5. Breach of contract action regarding the Redevelopment Agency's
purchase of 7872 Edinger Avenue, and failure to complete remediation.
07-1059 i 3266689.aoc HB -123- Item 5. - 7
ATTAC H M E N T #2
Item S. - k Hu -!24-
CIVIL LITIGATION Matters CASES - ACTIVE
Area of law contains 'civil' and Matter ID not contain '.' and Court No not
contain 'not' and opened date is between 1/1/2012 and 3/31/2012
Case Summary
Plaintiffs Defendants Case No. Case Status
Blue Iron, Inc. City of Huntington Beach, 30-2012-00537997 Stop notice action on construction Summons and Complaint were never served
Sepulveda Construction, project for$63,567.22. on the City.
Inc.
Case dismissed with prejudice on 3/14/12.
Case closed.
City Cazarez,Deborah To be filed The City is suing to enforce the No litigation has been filed. The City has
Affordability Covenant against Unit been negotiating with the owner with the
C-26 at Brisas del Mar. goal of having the owner sign an updated
Notice of Affordability Covenant that includes
the legal description of the property and
would be enforceable until the end of the
covenant period.
City Charest, Donald To be filed The City is suing to enforce the No litigation has been filed. The City is
Affordability Covenant against Unit negotiating with the owner to have the owner
Cd B-19 at Brisas del Mar. sign an agreement allowing the owner to
rent out the property at an Affordable Rental
Rate in exchange for the owner signing a
Yl new Notice of Affordability Covenant that
includes the legal description of the property
and would be enforceable to the end of the
covenantperiod.
8/9/2012 2:12:10 PM Page: 1
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CIVIL LITIGATION Matters CASES = ACTIVE
Area of law contains 'civil' and Matter ID not contain '.' and Court No not
contain 'not' and opened date is between 1/1/2012 and 3/31/2012
� Plaintiffs Defendants Case No. Case Summary Case Status
City LaPointe, Linda Closed The City is suing to enforce the This litigation was not filed. Ms. LaPointe
Affordability Covenant against Unit signed a Notice of Affordability Restrictions
A-8 at Brisas del Mar. on March 19, 2012. This Notice was
subsequently recorded.
City Steenveldt,Geraldine To be filed The City is suing to enforce the No litigation has been filed. The owners have
Affordability Covenant against Unit been sent a letter requesting them so sign
C-29 at Brisas del Mar. an updated Notice of Affordability Covenant
that contains the legal description of the
property and would be enforceable to the
end of the covenant period. To date,the
owners have not responded to any of the
City's correspondence.
City Nagasawa,Masaru Closed The City is suing to enforce the This litigation was not filed. Mr. Nagasawa
Affordability Covenant against Unit signed a Notice of Affordability Restrictions
D-35 at Brisas del Mar. on March 12, 2012. This Notice was
subsequently recorded.
iv
Clarke, Gary City of Huntington Beach 30-2011-00526783 Plaintiff claims he hit a pothole and City's filed response to First Amended
fell while riding his bicycle in the bike Complaint on 5/2/12. Mandatory settlement
lane on Yorktown Avenue in front of conference is on 11/2/12 and trial is on
City Hall. 12/3/12.
8/9/2012 2:12:10 PM Page: 2
CIVIL LITIGATION Matters CASES ® ACTIVE
Area of law contains 'civil' and Matter ID not contain '.' and Court No not
contain 'not' and opened date is between 1/1/2012 and 3/31/2012
Case Summary
Plaintiffs Defendants Case No. Case Status
Court, August City of Huntington Beach 30-2012-00541738 Claimant tripped and fell in pot hole. City Clerk served with Summons and
Complaint on February 9, 2012. Assisnged
to Mark Rutter, Esq. of Carpenter, Rothans
& Dumont.
Glorianna Casados City of Huntington Beach 30-2011-00509863 Plaintiff claims she tripped on Hearing on City's Demurrer and Motion to
sidewalk on Hamilton Avenue east of Strike is on 8/17/12. CIVIC is on 8/27/12.
Brookhurst Street.
Harris, Stacy Huntington Beach Police 30-2012-00536938 Neal - Fill in Demurrer/Motion to Strike granted on
Department 6/21/2012. Court ordered case dismissed
on 7/10/12.
tv
�a
Harris, Stacy City of Huntington Beach 30-2012-00536946 Neal - Fill in Demurrer/Motion to Strike heard 5/24/12.
Court ordered entire action dismissed with
prejudice.
8/9/2012 2:12:11 PM Page: 3
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CIVIL LITIGATION Matters CASES ® ACTIVE
Area of law contains 'civil' and Matter ID not contain '.' and Court No not
contain 'not' and opened date is between 1/1/2012 and 3/31/2012
N Plaintiffs Defendants Case No. Case Summary Case Status
Marcia Moses Trevor Jackson; City of 30-2012-00540509 Defendant's police officers, including Discovery in process. Mandatory
Huntington Beach, et al. Jackson, were attempting to break Settlement Conference set for 2/1/13; Trial
up a fight in the Downtown Main Date set for 3/4/13.
Street area. Plaintiff interfered and
was arrested for interfering(Penal
Code Section 148(a)(1)).
Nadsya James Mohoff and City of Huntington Beach, 30-2012 Police responded to Plaintiffs' Discovery in process. Mandatory
Eric Anderson Michael Dexter and Jesse 00541748 residence on a neighbor's complaint Settlement Conference set for 2/15/13; Trial
Crawley of reckless driving. Police attempted Date set for 2/25/13.
to issue a citation for violation of Depositions of arresting officers taken;
noise ordinance. Plaintiffs resisted Depositions of Plaintiffs being scheduled
and were arrested.
Ocean View School City of Huntington Beach 30-2012-00539563 CEQA challenge to the City's final City's Answer to verified Complaint is due on
District EIR No. 10-003 on the project on the 10/11/12 (assuming record lodged on
southwest corner of Beach 8/31/12). Petitioner's opening brief is due on
Boulevard/WarnerAvenue. 12/7/12; City's opposition brief is due on
1/31/13; and Petitioner's reply brief is due on
3/1/13.
Hearing on writ petition is on 3/18/13.
8/9/2012 2:12:11 PM Page: 4
CIVIL LITIGATION Matters CASES ® ACTIVE
Area of law contains 'civil' and Matter ID not contain '.' and Court No not
contain 'not' and opened date is between 1/1/2012 and 3/31/2012
Plaintiffs Defendants Case No. Case Summary Case Status
Rosendo Marcela; City of Huntington Beach; 30-2012-00545903 Plaintiff was involved in automobile City and Joey Garcia filed Answer to
Rosendo, Marycruz Joey Armando Garcia accident with a City vehicle at the Complaint on 5/7/12. Jury trial is on
intersection of Gothard and Garfield. 3/25/13.
Tomalas, Adam City of Huntington Beach, 30-2011-00527945 Plaintiff was involved in automobile City filed Answer to Complaint on 5/22/12.
Kyle Brown accident with a City vehicle at the Mandatory Settlement Conference is on
intersection of Beach and Atlanta. 11/2/12. Jury trial is on 12/10/12.
Verizon California Inc. State Board of Sacramento Verizion has sued the County of The City will be represented by the County,
Equalization, et al County Superior Orange and other counties to collect and will be a monitoring case only.
x Court on taxes levied on State-assessed
property. The unitary property taxes
are assessed by the State Board of
Equalization and then allocated to
the counties. Verizon seeks a
refund of at least$5,900,000. Any
refund would be spread amongst the
counties.
8/9/2012 2:12:12 PM Page: 5
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Council/Agency Meeting Held:_
Deferred/Continued to:
*Apnrovg ❑ Conditionally Approved ❑ Denied (4,&e y C rk's Vnature
Council Meeting Date: April 16, 2012 Department ID Number: CA 12-007
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Jennifer McGrath, City Attorney
SUBJECT: City Attorney's 4th Quarter Report - October 1, 2011, through
December 31, 2011
Statement of Issue: Receive and file the City Attorney's 4th Quarter Report - October 1,
2011, through December 31, 2011.
Financial Impact: N/A
Recommended Action: Motion to:
Receive and file the City Attorney's 4th Quarter Report - October 1, 2011, through December
31, 2011
Alternative Action(s): N/A
Analysis: N/A
Environmental Status: N/A
Strategic Plan Goal: Improve the City's infrastructure
Attachment(s):
Q o
1. Cit Attorney's Quarterly Report
2. Civil Litigation Matters
Item 3. - 1 HB -40-
ATTACHMENT # 1
City Attorney's Quarterly Report
This report reflects the activities of the City Attorney's Office for October 1, 2011 through
December 31, 2011.
Administration Division
The administration and support functions are performed under the supervision of the City
Attorney. This includes personnel, clerical, financial, technology, training and
development, and records management support. This function also includes attendance
at regular council meetings as parliamentarian and advisor, and active participation in the
executive management team to promote the strategic goals of the City Council.
Significant projects for the Administration Division include:
• Provided city-wide training entitled: AB 1234— Ethics Training
® Prepared and arranged 7 Civil Citation Hearings for City's hearing officer.
Advisory Division
The Advisory Division, comprised of three attorneys, provides legal assistance on all
matters pertaining to the daily operation of the City to the City Council and City officers. It
prepares all legal documents and opinions to ensure the City can accomplish its goals
and objectives with little, if any, risk of litigation.
4th Quarter 2011 Summary
122 Priority matters completed
59% Priority matters completed within 30 days
81 New RLSs received
20 Outstanding RLSs 11 priority/9 non-priority)
Additionally, staff made 16 appearances in West Municipal Court on various Municipal
Code violation cases and provided on-going advice related to the following:
Annexation of Sunset Beach Inn Ocean Lease Takeover of
TWAcomm.com Suites
City's relocation Grievance Procedures AT&T UUT Refund Claim
Release of Fire Department Med Records to Whether City has Inspection Authority
City's Liability Claims Coordinator For Offshore Oil Platforms
Legislation regarding Ambulance Service Coastal Commission Curfew
Operator Rights —AB 210
Pacific City 2011 Development Atlanta Avenue Widening
07-1059/76216 1
Item 3. - 3 xB -42-
REQUESTS COMPLETED BY MATTER TYPE (October- December 2011)
Advice Public Labor
Memos Documents Records& Criminal Resolutlons Agreement
Total Citizen Pitchess& & Projects Negotiations,
& &Contracts Inquiry Hearings Ordinances Grievances&
Opinions Requests Investigations
Total 134
Administration 6 2 4
City Attorney 10 1 2 2 3 2
City Clerk 1 1
City Treasurer 1 1
Community Services 11 3 6 1 1
Econ.Development 18 9 1 5 3
Finance 8 1 4 2 1
Fire 10 2 5 1 2
Human Resources 0
Information Services 3 3
Library 2 2
Planning&Building 1 25 1 6 5 1 3 10
Police 15 4 7 3 1
Public Works 24 1 16 4 2 1
Significant projects for the Advisory Division include:
1. Annexation of Sunset Beach Business Improvement District.
2. Regulating use of plastic bags.
3. Annexation of Sunset Beach Tax and other related issues.
4. Sponsorship Agreement Negotiations using Active Networks as Consultant
Waste Cans.
5. Village at Bella Terra Development Agreement and related issues.
6. AT&T UUT Refund Claim.
7. Property Tax Exchange Agreement with OCFA.
07-1059/76216 2
HB -43- Item 3. - 4
8. Coastal Commission Curfew.
9. 2011 Harmony Cove.
10. First Christian Church Design Review Board Issues.
11. Women's Club Historical Building.
12. AES Power Plant Transformation and Related Zoning Issues.
13. Pacific City 2011 Development.
14. Edinger Channel — OCFCD Easement Agreement.
15. Revise Standard Public Works Contracts.
16. Atlanta Avenue Widening Relocation Plan and CUP CDP Processing.
17. Pacific Mobilehome Park Conversion /Widening Project.
Litigation Division
The Litigation Division, comprised of three attorneys, handles all civil matters on behalf of
the City and its employees and officials. Ninety-five percent (95%) of the cases are
handled by the in-house staff unless there is a conflict in representation or the outside
counsel is paid by a third party.
The Litigation Division handled 48 active cases during the fourth quarter. The City was
served with six (6) new cases this quarter. The charts below identify the types of cases
and the potential liability exposure of these cases.
07-1059/76216 3
Item 3. - 5 HB -44-
Active Litigation Cases
Miscellaneous
8u/
Redevelopment
4% , .
Land Use
19%
Government
4%
Employment Debt Recovery
4% 6%
Miscellaneous includes: Automobile,Breach of Contract,&Criminal Prosecution
POTENTIAL LIABILITY OF PENDING CASES
®Reserves under$50,000 ■ Reserves over $50,000
6
5
4
3
2
1
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40
07-1059/76216 4
HB -45- Item 3. - 6
The Litigation Division settled the following cases with no monies paid to the
plaintiffs:
1. Enforcement of Affordability Covenant.
2. Passenger in vehicle collision alleges dangerous condition.
3. Subcontractor claims that contractor breached the contract by not
providing payment for labor and materials for worked performed on the
Newland Street Improvement Plan.
The Litigation Division also settled the following cases:
1. Automobile accident involving a police vehicle.
07-1059/76216 5
Item 3. - 7 xB -46-
ATTACHMENT #2
iiii -47- Rein 3. - 8
CIVIL. LITIGATION Matters CASES ® ACTIVE
Area of law contains 'civil' and Matter ID not contain '.' and Court No not
contain 'not' and status is open and opened date is before 12/31/2011
Plaintiffs Defendants Case No. Case Summary Case Status
Anastasi, Kevin City, Ofcr Smith, Ofcr 30-2011-00467815 Plaintiff claims wrongful arrest, Plaintiffs deposition being scheduled. Trial
Turner injuries, and costs incurred in set for 9/24/12.
defense of criminal charges filed
against him by the police as a result
of his arrest on 4/24/09.
ArmandoJauregui City of Huntington Beach CV 11-09182 Allegations of Civil Rights Violations Case dismissed by federal court on 1-20-12
(Excessive Force) as being barred by statute of limitation.
Plaintiff given 30 days leave to amend to
allege basis for tolling of action.
Barber, Michael and City of Huntington Beach 30-2011-00456720 Plaintiff, a minor, tripped and fell at On 2/9/12, City answered Plaintiffs' First
Zakary Talbert Park. Amended Complaint and filed
=� Cross-Complaint against Fountain Valley
School District. Case Management
Conference is on 4/2/12.
rf
California Regional Water City of Huntington Beach R8-2010-0004 Alleged sewage discharged from the Settlement documentation needs to be
Quality Control Board Oak View Branch Library to City's finalized.
street and storm drain system.
3/27/2012 11:40:31 Page: 1
CIVIL LITIGATION Matters CASES - ACTIVE
Area of law contains 'civil' and Matter ID not contain '.' and Court No not
contain 'not' and status is open and opened date is before 12/31/2011
Case Summary
Plaintiffs Defendants Case No. Case Status
Citizen's Association of Orange County Local 30-2010-00431832; Sunset Beach residents have sued Suit filed on 12/9/10. Judgment in favor of
Sunset Beach Agency Foundation, City of G045878 the City and Orange County Local City on 9/20/11. Notice of Appeal filed on
HB Agency Formation Commission to 10/05/11. Sunset Beach Resident's
enjoin the City from annexing Sunset Opening Brief due 2/10/12. Briefing likely to
Beach unless there is a favorable be completed by June, with an appellate
vote by the residents under Prop. decision by the end of 2012.
218 re approval of City taxes not
currently paid by County residents.
City&Redevelopment Hayes, et al. 30-2008-00073768 Lawsuit brought to enforce Affordable The City has obtained an entry of default
Agency Housing Covenant against Units against Harrison, and applied for Default
B-14, D-33 and D-41 at Brisas del Judgement on 12/3/2011, which is pending
Mar, located at 409 E. Utica. This is before the Court. Default judgment against
one of several suits regarding Brisas Roy was entered on 2/23/12 along with an
del Mar. award of sanctions.
Default Prove-Up as to Harrison is under
x submission. Status Conference set for
b�
5/2/11.
.A
City of Huntington Beach Lee, Shon, et al. 30-2009-00329477 The City has sued to enforce the Lee's Demurrer to Complaint was sustained
Affordability Covenant against Unit without leave to amend.
B-13 at Brisas del Mar.
City Council authorized an appeal on
11/21/11. Appeal will be filed when
Judgment in favor of Lee is entered by the
Court. Judgment entered on 2/27/12.
Appeal due 4/27/12
Default Prove-up re Delaware II and Status
3/27/2012 11:40:31 Page: 2
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CIVIL LITIGATION Matters CASES ® ACTIVE
Area of law contains 'civil' and Matter ID not contain '.' and Court No not
contain 'not' and status is open and opened date is before 12/31/2011
~ Plaintiffs Defendants Case No. Case Summary Case Status
Conference set for 3/23/12.
City of Huntington Beach Fidencio Alvarez et.al. 07CCO2215 City condemning right-of-way to Expert depositions underway. Trial set for
widen Garfield near its intersection 6/4/12
with Delaware.
City of Huntington Beach, Michael Mahan, et al. 30-2011-00509010 Unlawful detainer Judgement for City allowing eviction on
et al. 12/13/11. Auction of mobile home
conducted on 1/25/12; City posseses
mobile now because no bids were made.
Money judgement lodged with court on
1/31/12. Other defendants were either
dismissed or partially satisfied judgement
due to eviction.
Ur
O
City of Los Angeles Hotels.Com, et al. BC326693 Online sellers of hotel rooms Council approved the retainer agreement on
allegedly failed to pay the full 11/17/08. Outside counsel is appealing
transient occupancy taxes to cities adverse ruling in City of Anaheim case.
on these transactions.
3/27/201211:40:32 Page: 3
CIVIL LITIGATION Matters CASES - ACTIVE
Area of law contains 'civil' and Matter ID not contain '.' and Court No not
contain 'not' and status is open and opened date is before 12/31/2011
Case Summary
Plaintiffs Defendants Case No. Case Status
Cranford,Denise Catherine City of Huntington Beach, 30-2008 City employee alleges failure to Through a pretrial summary judgment
et al. 00106397 prevent harassment, retaliation, motion, City eliminated the harrassment and
invasion of privacy, harassment- retaliation claims. The trial was conducted
hostile work environment and from 1/26/10 to 2/12/10, and jury found in
disclosure of confidential medical favor of City.
information.
Appellate court opinion issued on 3/2/12 -
judgment affirmed in full.
Duke, Eugene Grant Duke USA, City of Huntington SACV10-00010 Plaintiff lost control and fell off his Plaintiffs deposition has been taken.
Beach CJC(MLGx) bicycle when wheel became lodged Pretrial Conference set for 9/10/12. Trial set
in mats that had separated at a for 9/18/12; Plaintiff has just served new
railroad crossing at Springdale and defendant, J.A. Placek.
Briarcliff. There is a dispute
regarding whether the City or the
United States is responsible for the
crossing. Both the City and the
United States have easements
across the tracks.
Fernandez,Carlos City, Officers Zumwalt, SACV 11-00931 HB Officers responded to a call Answer filed on 1/11/12
Mena, White, Garber, Chief CJC(RNBx) regarding an intoxicated family
Small member who was endangering
himself. Plaintiff claims he was
tasered and fell backward hitting his
head on the concrete sidewalk.
3/27/2012 11:40:33 Page: 4
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W CIVIL LITIGATION Matters CASES ® ACTIVE
Area of law contains 'civil' and Matter ID not contain '.' and Court No not
contain 'not' and status is open and opened date is before 12/31/2011
W Plaintiffs Defendants Case No. Case Summary Case Status
Gallardo, Emma, a Minor Playword Systems, Inc., 30-2010-00427186 Minor fell off monkey bars on On 2/25/11, the insurer(Peerless Insurance
Explorer Insurance, CHB playground at Bolsa View Park, 5748 Company)for City's park maintenance
Brighton Drive,and fractured her left contractor(Spectrum Care Landscape)
arm and chipped her tooth. Lawsuit accepted City's defense and indemnification.
claims City failed to maintain the Insurer also defending City in Playworld's
playground, creating a dangerous cross-complaint against City. Law firm of
condition. Yoka & Smith is defending City. Status
Conference is on 3/8/12, and trial is on
4/30/12.
Gould, Rob/Renee& Cacares, City 30-2011-00477467 Personal Injury and Wrongful Death Discovery proceeding. City Motion for
Chuntz, Jacob/Daisy action involving pedestrians stuck in Summary Judgment to be heard on 5/9/12.
a crosswalk on Springdale Ave. Pretrial conference set for 5/18/12 and trial
Plaintiffs claim said location was a on 5/21/12.
dangerous condition of public
property.
30-2011-00508876 Personal Injury and Wrongful Death This action has been consolildated with
Gould, Rob/Renee& Cacares, City 1 ry g
Chuntz, Jacob/Daisy action involving pedestrians stuck in Gould v. Cacares. CMC set for 3/14/12
�v a crosswalk on Springdale Ave.
Plaintiffs claim said location was a
dangerous condition of public
property.
Griffin Dewatering Dorsey Dean Allison 30-2010-00344707 In Hillcrest case, contractor This case was consolidated with two related
Corporation (Hillcrest) claims City breached its cases, including Hillcrest's suit against the
contract for worked performed on the City, with this case was designated as the
Newland Street Improvement Plan. lead case.
Discovery is ongoing. Mandatory
3/27/2012 11:40:33 Page: 5
CIVIL LITIGATION Matters CASES ® ACTIVE
Area of law contains 'civil' and Matter ID not contain '.' and Court No not
contain 'not' and status is open and opened date is before 12/31/2011
Plaintiffs Defendants Case No. Case Summary Case Status
Settlement Conference is on 10/5/12 and
trial is on 10/15/12.
Huntington Beach City of Huntington Beach, 30-2009 Local residents sued the City to Trial held on 3/17/11 and Court issued
Neighbors, et al. et al. 00325686 challenge to the legal adequacy of ordering denying writ on 5/5/11. Judgment
the Environmental Impact Report was entered on 6/27/11. Petitioner
prepared for the amendment to the appealed and filed its Opening Brief on
Downtown Specific Plan. 2/27/12. City's Respondent's Brief is due on
3/28/12.
Ismail,Niveen City of Huntington Beach, SACV 10-00901 Plaintiff alleging civil rights violation City's Motion to Dismiss has been under
et al. VBF (AJW) submission since 11/10.
Cc7
JS Stadium, et al. City of Huntington Beach 30-2011-00463995 Owner of Huntington Shorecliffs Discovery is ongoing. Hearing with Judge
(Huntington Shorecliffs Mobilehome Park suing the City for Stock in CX105 to determine whether to
Mobile Home Park damages caused by City's drainage coordinate case with ongoing park reisidents
system to owners of mobile homes case is on 4/13/12.
in the Park.
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Area of law contains 'civil' and Matter ID not contain '.' and Court No not
contain 'not' and status is open and opened date is before 12/31/2011
� Plaintiffs Defendants Case No. Case Summary Case Status
Kennepohl, Larry, et al. City of Huntington Beach 30-2010-00395316 Plaintiffs allege City's failure to At the 4/29/11 trial, the Court denied
overturn the issuance of the Petitioner's writ of mandate. Since
Conditional Use Permit for an judgment was entered on 7/11/11, time to
express car wash. appeal expired on 9/11/11. Case closed.
Los Angeles Galvanizing Golden Iron, Inc. 30-2011-00514628 Complaint against Case dismissed with prejuduce on 3/14/12.
Company contractor/subcontractor for moneys Case closed.
due to Plaintiff for galvanizing
services provided during construction
of public work improvement for
Utilities Operation Yard Upgrade at
Huntington and Garfield Streets.
MCP Industries Inc. Vadnais Corporation, City 30-2008 City is suing the contractor, Vadnais, BV has changed its attorneys and its
of Huntington Beach, et al. 00113320 for breach of contract for faiiling to strategy, after the City amended its
install the Warner Avenue Gravity Cross-Complaint to not only seek recovery
Sewer line, and suing the design from Vadnais of the City's attorneys fees,
engineer, Bureau Veritax, for a but also recovery of a portion of the
negligent design. Vadnai is construction payments to Vadnais.
counter-suing City for failure to pay
for all work performed. BV has demurred to the City's
Cross-Complaint. The Demurrer was heard
on 2/3/12. BV also is challenging the Good
Faith Settlement with Vadnais, set for
3/16/12; if successful, the City will be paid
and proceed to trial against BV for negligent
design. However,an underlying discovery
dispute between the City and BV may delay
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CIVIL LITIGATION Matters CASES ® ACTIVE
Area of law contains 'civil' and Matter ID not contain '.' and Court No not
contain 'not' and status is open and opened date is before 12/31/2011
Plaintiffs Defendants Case No. Case Summary Case Status
the Court ruling on the Settlement until the
discovery is resolved.
The City's Motion for Summary Adjudication
regarding attorneys'fees is set for 2/10/12; if
successful, the City will be paid in an
amount as the Court may determine.
Trial on the City's claims against BV is set
for 8/20/12.
Mercury Insurance City 30-2011-00507032 Subrogation lawsuit for City filed answer on 10/24/11. CIVIC is on
Company reimbursement of property damage- 3/28/12.
related to Walker v. City auto
accident at Edinger/Gothard.
Cz1
City 30-2010-00405526 Bicyclist claims she was hit by a City filed a Cross-Complaint against Amano
Newman, Anita J. ty of Huntington Beach,
Ci al. parking control gate near the McGann (the company who serviced the
Huntington Beach Lifeguard gate in the days prior to the accident).
Headquarters. Amano McGann filed Cross-Complaint
against City and City answered it. In a
Second Amended Complaint, Plaintiff also
has sued Amano McGann, ASS] Security
(another company who serviced the gate),
and Magnetic Automation Corporation (the
manufacturer of the gate).
MSC is on 9/21/12. Trial is on 10/22/12.
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Area of law contains 'civil' and Matter ID not contain '.' and Court No not
contain 'not' and status is open and opened date is before 12/31/2011
�1 Plaintiffs Defendants Case No. Case Summary Case Status
NextG Networks City of Huntington Beach A.09-03-007; NextG filed an application with the City filed Amended Petition for Writ of
(CPUC Proceeding) Appeal G044796 CPUC to install a cellular antennas Review on 07/15/2011. Answers filed by
in the right-of-way, primarily on NextG and CPUC on 8/19/2011. Briefing
existing utility poles. The City is now complete and awaiting action by Court.
contesting whether State law permits
NextG to use the right-of-way, and
whether the project complies with the
City Undergrounding Oridinance.
NextG Networks of City of Huntington Beach 30-2009-00119646; NextG proposes constructing Trial stayed pending resolution of CPUC
California, Inc. (State (State Court) G045030 c/w antennas and fiber optic networks in Appeal. Next status conference 4/13/2012.
Court) G044796 public rights-of-way, and alleges
City's "Wireless Permit Ordinance"
requirements are unlawful as to their
proposal. .
Omnipoint City of Huntington Beach CV09-3777 RGK T-Mobile has filed suit enjoin the City Both the City's Opening Brief and T-Mobile
Communications, Inc. (SSx); 10-56877 from applying Measure C to the Cross-Appeal Brief have been filed. City's
c (T-Mobile 1) proposed antennas at Harbour View Brief due 3/22/12. T-Mobile's Reply Brief
Park and Bolsa View Park. due 4/24/12. It is expected that Oral
Argument will be scheduled during Summer
2012.
Pacific Mobile Home Park City(Subdivision) 30-2011-00497684 Pacific Mobile Home Park is After the City initially counter-sued Pacific,
challenging the City's denial of the Court ordered the City to amend its
subdivision applicatiion to convert the counter-suit to add the 24 individual coach
existing for-rent mobile home park owners as Defendants along with HCD.
into resident ownership.
Pacific's Motion to Strike City's 1st
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CIVIL LITIGATION Matters CASES - ACTIVE
Area of law contains 'civil' and Matter ID not contain '.' and Court No not
contain 'not' and status is open and opened date is before 12/31/2011
Case Summary
Plaintiffs Defendants Case No. Case Status
Amended Cross-Complaint set for 4/19/12.
As to PMH's challenge to the denial of the
conversion, trial is set for 4/27/12. The City
must complete the Administrative Record by
2/10/12, and lodge it with Court by 3/9.
Plaintiffs Opening Brief due 3/9, City's
Opposition Brief due 4/3, Plaintiff's Reply
Brief due 4/13.
A Case Management Conference is set for
4/24/12, at which time the Court will set the
trial date on the City's cross-complaint.
Hearing on Writ of Mandate is set for
4/27/12.
Pacific Mobilehome Park, City of Huntington Beach 30-2011-00449749 Pacific Mobilehome Park challenges The Court heard the on Petition on 1/12/12,
the City's adoption of a mitigated granted a Peremptory Writ in favor of
LLC negative declaration under CEQA for Pacific and ordered the City Council to
the Atlanta Avenue Widening vacate the MND. The Court signed the
Project. Judgment on 2/14/12. The City has 60 days
' to appeal.
The City has already begun the procedure of
adopting a recirculated MND, which may be
completed by early May. It is expected that
Pacific will challenge the revised MND
again.
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Area of law contains 'civil' and Matter ID not contain '.' and Court No not
contain 'not' and status is open and opened date is before 12/31/2011
� Plaintiffs Defendants Case No. Case Summary Case Status
Puszert, Carol City of Huntington Beach 30-2011-00467413 Plaintiff claims she tripped and fell City's response to Second Amended
over a cement parking block at Complaint is on 4/10/12.
Murdy Recreation Center.
Summary judgment hearing is on 6/21/12.
A mandatory settlement
conference/mediation return is on 7/20/12.
Trial is on 8/20/12.
Randall, Jill County of Orange SACV11-01740 Plaintiff claims civil rights violations State Court case dismissed and case refiled
CJC(MLGx) against Orange County and the City in federal court on 11/10/11; City
in connection with the County's anticipates moving for summary judgment.
investigation and removal of Plaintiff's
4-year-old son from her custody.
The City's involvement is limited to
assistance provided to County Social
Services personnel in the removal of
x Plaintiff's son from her residence.
a Randall, Jill County of Orange 30-2011-00457117 Plaintiff claims civil rights violations State Court case dismissed and case refiled
against Orange County and the City in federal court on 11/10/11; City
in connection with the County's anticipates moving for summary judgment.
investigation and removal of Plaintiff's
4-year-old son from her custody.
The City's involvement is limited to
assistance provided to County Social
Services personnel in the removal of
Plaintiff's son from her residence.
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CIVIL LITIGATION Matters CASES ® ACTIVE
Area of law contains 'civil' and Matter ID not contain '.' and Court No not
contain 'not' and status is open and opened date is before 12/31/2011
Plaintiffs Defendants Case No. Case Summary Case Status
Richmond, Dempsey Blu D.P. Mangan, Inc., City 30-2011-00485319 Plaintiff claims he tripped and fell into On 8/26/11, contractor's insurer(Liberty
an open trench in a construction area Mutual)accepted City's defense and
on Second Street near Olive Street in indemnification. Law firm of Halas & Muhar
downtown HB. is defending City. MSC is on 4/20/12 and
trial is on 5/14/12.
Roberts,Shannon City 30-2009 Plaintiffs allege that City employees Roberts' motion to stay discovery as to him
00323224 conspired with Plaintiff's husband, only during pendency of criminal prosecution
also a City employee, to cover up was granted. No trial date. Plaintiffs'
husband's physical abuse of counsel has filed a motion to be relieved as
Plaintiffs. counsel, but said motion was taken off
calendar by court for non-compliance with
statutory notice requirement; Motion likely
to be refiled
Sager, Merrie City 30-2011-00498362 Plaintiff is a former Library Clerk City filed answer on 9/28/11. Mandatory
employee who claims discrimination, settlement conference is on 11/2/12 and trial
failure to accommodate her is on 12/3/12.
' disabilities of deafness and cerebral
palsy, and retaliation.
Sanchez, Leticia City of Huntington Beach 30-2010 Plaintiff claims she fell on Pier Plaza. Court bifurcated the issue of liability from
00423471 damages. The jury unanimously returned a
verdict of no liability in favor of City and
against Plaintiff on 12/13/11.
Notice of Entry of Judgment was file don
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tv contain 'not' and status is open and opened date is before 12/31/2011
Case Summary
Plaintiffs Defendants Case No. Case Status
2/3/12.
Sipple/NewCingular City of Huntington Beach BC462270 Lawsuit to recover internet utility user Complaint served on 6/28/11. Los Angeles
Wireless taxes paid by New Cingular Wireless Superior Court has set the hearing on the
(AT&T). demurrers and Status Conference on
4/17/12. City has retained law firm of
Colantuono& Levin to represent it on a pro
rata basis with 40 other cities.
Sosa, Miranda City and Eisele, Greg 30-2011-00456969 Plaintiff struck by left front tire of a Case tentatively settled at mediation on
lifeguard truck while laying in the 11/28/11. Scheduled for review and approval
sand. by City Council on 12/05/2011; Plaintiff has
finally signed and return Release.
Squirrell, Richard & Pam City of Huntington Beach 30-2010 Junior Life Guard incident of July 14, Action against the individual City employees
00355326; 2009, resulted in the death of minor has been dismissed, and Plaintiffs are close
00403512& participant. to settling against Crystaliner.
' 00406621 Trial has been set for May 7, 2012.
Sunesys, LLC City of Huntington Beach 30-2009-00323543 Sunesys is challenging the City's Resolution of the two NextG cases likely will
authority to require that a fiber optic determine the validity of application of the
communication network between the Undergrounding Ordinance as to Sunesys.
schools and buildings of the Fountain The Court has stayed this Action pending
Valley School District be reolution of the related NextG case, which
undergrounded. in turn, was stayed pending resolution of the
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CIVIL LITIGATION Matters CASES - ACTIVE
Area of law contains 'civil' and Matter ID not contain '.' and Court No not
contain 'not' and status is open and opened date is before 12/31/2011
Plaintiffs Defendants Case No. Case Summary Case Status
City Petition for Review of the CPUC,which
action is pending before the Court of Appeal.
Status Conference set for 4/27/12.
When case resumes, there are pending
discovery disputes to be resolved.
T-Mobile West Corporation City of Huntington Beach CV 10-2835 The City denied approval of After the City completed the Administrative
(Community United CAS (Ex) T-Mobile's permit to install antennas Record on 12/13/10, Plaintiff dismissed its
Methodist Church) at 6666 Heil Avenue belonging to the challenge based upon the Record. Instead,
Community United Methodist Church T-Mobile is only pursuing its claim that there
of Huntington Beach. is a "substantial gap" in its service, and the
Church is the only feasible site to close that
gap. the City has served written discovery
on T-Mobile's claim, which has not yet been
S aswered. Depositions will begin in March.
Ca
Settlement Conference set for 4/12/12.
Pre-trial conference is on 6/4/12. Trial is on
6/26/12.
United States JM Manufacturing Company EDCV 06-0055 Class action suit regarding sale of The case has been held under seal since
Inc. SGL (C.D. CA) substandard water pipes. filing, so that the California AG could
determine whether to intervene. The AG
determined in 11/09 to not intervene, and the
seal should come off shortly.
City has chosen not to intervene, and
consequently, Plaintiffs counsel to
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[v contain 'not' and status is open and opened date is before 12/31/2011
w Plaintiffs Defendants Case No. Case Summary Case Status
represent City if the action proceeds.
Waldowski City, AVP Pro Beach 30-2011-00437852 Volleyball player claims she was On 3/16/11,AVP's insurer(Travelers
Volleyball injured during a tournament when Insurance)accepted City's defense and
she dove into a piece of lumber in the indemnification. Law firm of Osman &
sand. Associates is defending City. Trial on
2/14/12 vacated and dismissal with
prejudice entered on 2/8/12.
Walker, Robert T. Fluss, City 30-2011-00486324 Plaintiff was involved in automobile City and employee Fluss filed Answer and
accident with a City vehicle at the City filed Cross-Complaint against Plaintiff
intersection of Edinger and Gothard. on 8/25/11. MSC is on 4/13/12. Trial is on
5/14/12.
Wilson, Deanna, et al. City of Huntington Beach, 30-2009 Claim for dangerous condition and Written discovery ongoing and depositions
et al. 00318053 wrongful death arising out of the are being set. The County has been
ti 6/27/09 incident. dismissed, and the State's MSJ was denied.
Trial set for 8-20-12.
Yee, Maria L,Trustee of of City of Huntington Beach, 30-2011-00456408 Plaintiff, owner of La Bella Plaza,
the Yee Trust et al. 19400 Beach Blvd., seeks to compel
the City to respond to a Public
Records Act request regarding the
City's Gravity Sewer Installation and
Lift Station Demolition, Ocean Hill
Dr. project (Adams/Beach Lift
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CIVIL LITIGATION Matters CASES - ACTIVE
Area of law contains 'civil' and Matter ID not contain '.' and Court No not
contain 'not' and status is open and opened date is before 12/31/2011
Plaintiffs Defendants Case No. Case Summary Case Status
Station). Petitioner's request for dismissal of action
with prejudice entered on 2/27/12. Case
Yee, Maria L, Trustee of of City of Huntington Beach, 30-2011-00453370 Plaintiff, owner of La Bella Plaza, City filed Answer to Complaint and filed
the Yee Trust et al. 19400 Beach Blvd., seeks to enjoin Cross-Complaint against contractor(Garcia
use of Plaintiff's parking lot as a Juarez Construction) on 5/31/11. Trial is on
construction yard for the City's 6/11/12.
Gravity Sewer Installation and Lift
Station Demolition, Ocean Hill Dr.
project.
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