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C. 11
To: Board of Supervisors
From: Sharon L. Anderson, County Counsel
Date: March  21, 2017
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Public report of litigation settlement agreements that became final during the period of December 14, 2016, through February 28, 2017.

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   03/21/2017
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Federal D. Glover, District V Supervisor
ABSENT:
John Gioia, District I Supervisor
Karen Mitchoff, District IV 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  21, 2017
David Twa,
 
BY: , Deputy

 

RECOMMENDATION(S):

RECEIVE public report of litigation settlement agreements that became final during the period of December 14, 2016, through February 28, 2017, as recommended by County Counsel.

FISCAL IMPACT:

Settlement amounts are listed below.

BACKGROUND:

Three agreements to settle pending litigation, as defined in Government Code section 54956.9, became final during the period of December 14, 2016, through February 28, 2017.  
  







BACKGROUND: (CONT'D)
Contra Costa County v. Servico Concord, Inc., et al., CCC Sup. Ct. Case No. C13-00958. This was a quiet title action to obtain clear title to a modular building. It was agreed that in exchange for dismissal of the lawsuit, the Sheriff’s Office will be allowed to continue using the building and pay $64.50 a month for utility costs until the Sheriff’s Office vacates the building. The Board of Supervisors authorized the settlement on February 7, 2017, in closed session by a 5-0 vote. The settlement agreement was fully executed on February 9, 2017.   
  
Yolanda Dozier v. County of Contra Costa, et al., USDC Case No. C16-00950 (N.D. Cal.). On December 13, 2016, the Board approved settlement of this lawsuit involving civil rights and ADA claims. Settlement in the amount of $475,000, inclusive of attorneys fees and costs, was authorized in closed session by a 5-0 vote. The settlement agreement was fully executed on February 15, 2017. The funding source is the Risk Management Liability Internal Service Fund.  
  
Robert L. Carby, et al., v. Contra Costa County, CCC Superior Court Case No. C13-02201. On December 6, 2016, the Board approved settlement of this wrongful death lawsuit. Settlement in the amount of $300,000, inclusive of attorneys fees and costs, was authorized in closed session by a 5-0 vote. The settlement agreement was fully executed on December 14, 2016. The funding source is the Risk Management Medical Malpractice Internal Service Fund.  
  
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.

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