Agenda

Return

C. 6

To:	Board of Supervisors
From:	Sharon L. Anderson, County Counsel
Date:	February 15, 2011

Contra

Costa

County

Subject:

Report on Settlements of Litigation During the Period of October 1, 2010 - December 31, 2010

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 02/15/2011

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

Supervisor Mary Piepho absent all day.

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Gayle B. Uilkema, District II Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

ABSENT:

Mary N. Piepho, District III Supervisor

Contact:	Sharon Anderson (925) 335-1800
cc:	Thomas L. Geiger, Supervising Deputy County Counsel Sharon Hymes-Offord, Risk Manager Karen Laws, Principal Real Property Agent

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: February 15, 2011
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

RECEIVE report on settlements of litigation during the period of October 1, 2010 - December 31, 2010, as recommended by the County Counsel.

FISCAL IMPACT:

Settlement amounts were paid from the sources specified below.

BACKGROUND:

Settlements were finalized in the following cases during the period of October 1, 2010 - December 31, 2010.

BACKGROUND: (CONT'D)

Lance Johnson, et al., v. County of Contra Costa, et al., USDC Case No. C09-1241.
This case arose out of a search and seizure conducted at the plaintiffs’ home on March 14, 2008. As part of a settlement and release agreement, the Board of Supervisors authorized payment of $250,000, inclusive of attorney fees. The Board authorized settlement on October 12, 2010, in closed session, by a 4-0 vote (Uilkema absent). The settlement amount was paid through the Risk Management Internal Service Fund.

Gregory Clouthier v. County of Contra Costa, USDC Case No. C06-03893.
This case arose out of the suicide of the plaintiffs’ son while in custody at the Martinez Detention Facility in August 2005. As part of a settlement and release agreement, the Board of Supervisors authorized payment of $150,000, inclusive of attorney fees. The Board authorized settlement on December 7, 2010, in closed session, by a 3-0 vote (Gioia absent, District IV seat vacant). The settlement amount was paid through the Risk Management Internal Service Fund.

Maliha Barez v. Contra Costa County, CCC Sup. Ct. Case No. C10-00078.
This case arose out of the plaintiff’s May 19, 2009, slip and fall at the Contra Costa Regional Medical Center. As part of a settlement and release agreement, the Board of Supervisors authorized payment of $45,000, inclusive of attorney fees. The Board authorized settlement on December 14, 2010 in closed session, by a 4-0 vote (District IV seat vacant). The settlement amount was paid through the Risk Management Internal Service Fund.

Mahasti Minoui v. Minh Vu, Contra Costa County, et al., CCC Sup. Ct. Case No. C09-03382.
This case arose out of the plaintiff’s allegation that a Sheriff vehicle backed into her as she walked across a parking lot. As part of a settlement and release agreement, the Board of Supervisors authorized payment of $45,000, inclusive of attorney fees. The Board authorized settlement on December 14, 2010, in closed session, by a 4-0 vote (District IV seat vacant). The settlement amount was paid through the Risk Management Internal Service Fund.

Contra Costa County v. Kaiser Foundation Health Plan, Inc., CCC Sup. Ct. Case No. C10-00289
This was an action to acquire certain property by eminent domain in the Antioch area as part of the State Route 4 East – Somersville Road to Route 160 widening project. It was agreed that the defendant would convey all necessary property interests to the County for $320,000, inclusive of interest and costs. The Board of Supervisors authorized settlement on September 21, 2010, in closed session, by a 5-0 vote. Judgment pursuant to the parties’ stipulation was entered on December 3, 2010. The settlement amount was paid through Contra Costa Transportation Authority funds.

CONSEQUENCE OF NEGATIVE ACTION:

The Board of Supervisors would not have a complete listing of all the settlements made during the above referenced time period.

CHILDREN'S IMPACT STATEMENT:

None.