Agenda

Return

C. 7

To:	Board of Supervisors
From:	Mary Ann Mason, County Counsel
Date:	March 8, 2022

Contra

Costa

County

Subject:

Public report of litigation settlement agreements that became final during the period of February 1, 2022, through February 28, 2022.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 03/08/2022

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:	Thomas Geiger, Assistant County Counsel, 655-2200
cc:	Thomas Geiger, Assistant County Counsel Karen Caolie, 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 8, 2022
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

RECEIVE public report of litigation settlement agreements that became final during the period of February 1, 2022, through March 3, 2022, 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 February 1, 2022, through March 3, 2022.

BACKGROUND: (CONT'D)

In re National Prescription Opiate Litigation, USDC Case No. 1:17-md-0284-DAP (N.D. Ohio.) On December 7, 2021, the Board approved settlement of the national opioid litigation in closed session by a 5-0 vote. Under the settlement agreement, the County will release claims against defendants Amerisource Bergen, Cardinal Health, McKesson, and Johnson & Johnson in exchange for the County’s proportionate share of opiate remediation funds. The total nationwide settlement is $26 billion paid out over 18 years. The County’s share will be an estimated $32 million paid over 18 years, or $1.7 million per year. The settlement became final on February 25, 2022.

Christopher Garcia v. Aaron Heath-Paez, et al., CCC Sup. Ct. Case No. C18-02361. On December 14, 2021, the Board of Supervisors approved a settlement in this action involving an automobile accident. The Board authorized settlement in the amount of $285,000, inclusive of attorneys’ fees and costs, in closed session by a 4-0 vote, Supervisor Burgis absent. The County will pay $185,000 of the settlement amount with Allstate paying the rest. The funding source for the County’s portion is the Risk Management Liability Internal Service Fund. The settlement agreement was fully executed on February 17, 2022.

Diane Wilson, et al. v. Town of Danville, et al., USDC Case No. 3:21-cv-02440 TSH (N.D. Cal.). On February 22, 2022, the Board of Supervisors approved a settlement in this civil rights wrongful death action. The Board authorized settlement in the amount of $4.5 million, inclusive of attorneys’ fees and costs, in closed session by a 5-0 vote. The funding source is the Risk Management Liability Internal Service Fund. The settlement agreement was fully executed on March 3, 2022.

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.