Agenda

Return

C. 11

To:	Board of Supervisors
From:	Sharon L. Anderson, County Counsel
Date:	March 3, 2015

Contra

Costa

County

Subject:

Public report of litigation settlement agreements that became final during the period of December 16, 2014 through January 31, 2015

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 03/03/2015

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor

ABSENT:

Federal D. Glover, District V Supervisor

Contact:	Thomas Geiger, (925) 335-1800
cc:	Thomas Geiger, Assistant County Counsel Sharon Hymes-Offord, Risk Manager

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: March 3, 2015
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

RECEIVE public report of litigation settlement agreements that became final during the period of December 16, 2014 through January 31, 2015, as recommended by County Counsel.

FISCAL IMPACT:

Settlement amounts are listed below.

BACKGROUND:

Five agreements to settle pending litigation, as defined in Government Code section 54956.9, became final during the period of December 16, 2014 through January 31, 2015.

BACKGROUND: (CONT'D)

Raenette Gonzalez v. Contra Costa Regional Medical Center, et al., CCC Sup. Ct. Case No. C14-01758. On December 16, 2014, the Board of Supervisors authorized settlement of litigation arising out of a medical procedure at Contra Costa Regional Medical Center. Settlement in the amount of $65,000, inclusive of attorney fees and costs, was authorized in closed session by a 5-0 vote. The settlement became final on January 22, 2015. The settlement amount is paid through the Risk Management Medical Malpractice Internal Service Fund.

Daniel Rodriguez v. County of Contra Costa, et al., U.S.D.C. Case No. C13-2516 JSC (N.D.Cal.). On January 13, 2015, the Board of Supervisors authorized settlement of litigation arising out of a dog bite. Settlement in the amount of $65,000, inclusive of attorney fees and costs, was authorized in closed session by a 4-1 vote, Supervisor Piepho opposed. The settlement became final on January 14, 2015. The settlement amount is paid through the Risk Management Liability Internal Service Fund.

Jerri Curry v. Contra Costa County, U.S.D.C. Case No. C12-03940 WHO (N.D.Cal.). On December 2, 2014, the Board of Supervisors authorized settlement of employment-related litigation. Settlement in the amount of $155,000, inclusive of attorney fees and costs, was authorized in closed session by a 5-0 vote. The settlement became final on January 20, 2015. The settlement amount is paid through the Risk Management Liability Internal Service Fund.

Contra Costa County v. Antioch Parkridge Homeowners Assn., et al., CCC Sup. Ct. Case No. C10-01630. This was an action in eminent domain to acquire property in the Antioch area for the State Route 4 East widening project. It was agreed that the defendants would convey all necessary property interests to the County for $712,500, plus statutory interest and costs. The Board of Supervisors authorized the settlement on July 29, 2014, in closed session by a 5-0 vote. Judgment pursuant to the parties’ stipulation was entered on December 18, 2014. The settlement will be paid through Contra Costa Transportation Authority funds.

County of Contra Costa v. Robert McAdam, et al., CCC Sup. Ct. Case No. C14-01387. On December 16, 2014, the Board of Supervisors authorized settlement of a lawsuit involving a defaulted subdivision. The bonding company agreed to pay the County $51,200 in settlement of the lawsuit. The settlement was authorized in closed session by a 5-0 vote. The settlement became final on December 16, 2014.

This report includes final settlements of litigation matters handled by the Office of the County Counsel. This report does not include litigation settlements that were reported by the Risk Management Division of the County Administrator’s Office as a consent item on the Board’s open session agenda.

CONSEQUENCE OF NEGATIVE ACTION:

The report would not be accepted.

CHILDREN'S IMPACT STATEMENT:

N.A.