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HomeMy WebLinkAbout2006-06-06; City Council; 18584; Join Hands Save a Life SettlementCITY OF CARLSBAD - AGENDA BILL 11 AB# MTG. DEPT. 18,584 6/6/06 CA Title REPORTING OUT THE TERMS AND CONDITIONS OF THE SETTLEMENT AS REQUIRED BY THE BROWN ACT IN JOIN HANDS SAVE A LIFE V. CITY OF CARLSBAD. GIN 036823 DEPT. HEAD CITY ATTY. CITY MGR. fa RECOMMENDED ACTION: There is no action the Council needs to take. HEM EXPLANATION: The Final Judgment in this case in the City's favor was filed on May 17, 2006. This item satisfies the Brown Act requirement to report the fact of Final Judgment in the above entitled litigation, and makes the judgment available to the public. FISCAL IMPACT: Judge Lisa Guy-Schall, awarded the City its costs in the amount of $7,807.05. EXHIBITS: 1. Final Judgment DEPARTMENT CONTACT: Ronald R. Ball, (760) 434-2891 FOR CITY CLERKS USE ONLY. * COUNCIL ACTION: APPROVED W DENIED D CONTINUED O WITHDRAWN D AMENDED O CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D BEST BEST & KRIEGER LLP A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS RIVERSIDE LAWYERS ONTARIO (9O9) 686- I 45O 4O2 WEST BROADWAY, I 3TH FLOOR !9O9) 989-8584 SAN DIEGO, CALIFORNIA 92 I O 1-3542 INDIAN WELLS (6 I 9) 525-I 3OO ORANGE COUNTY (76O) 568-26 II (619) 233-6 I I 8 FAX (949) 263-26OO BBKLAW.COM SACRAMENTO (9 I 6) 325-4OOO SHAWN HAGERTY (6 I 9) 525- I 327 SHAWN. HAGERTY@BBKLAW.COM May 23, 2006 CONFIDENTIAL ATTORNEY-CLIENT PRIVILEGE *K VIA FACSIMILE AND MAIL tt^ ^ Ronald Ball, Esq. City Attorney City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 Re: Join Hands Save a Life v. City of Carlsbad Dear Ron: Enclosed please find the Final Judgment in the Join Hands Save a Life case. This copy of the Final Judgment has been amended to include the award of $7,807.05 in costs to the City. (See paragraph 3 of the Final Judgment.) After you have had an opportunity to review the Final Judgment, please give me a call to discuss the City's options regarding collecting its $7,807.05 in costs. As you know, there are several alternatives regarding collecting the costs, and I would like to discuss them with you because of the nature of the plaintiffs non-profit organization and the community issues involved. Very truly yours, Shawn Hagerty of BEST BEST & KRIEGER LLP SXH:cac Enclosure SDLIT\SHAGERTY\331571.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 p i i- e D CiarKQf '-ha Suowwr Court APR 2 7 2006 By; M. GARLAND, Deputy SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO NORTH COUNTY DIVISION JOIN HANDS SAVE A LIFE, a California nonprofit organization; FRANK SORING, an individual Plaintiffs, v. CITY OF CARLSBAD and DOES 1-100, Defendants. Case No. GIN 036823 FINAL JUDGMENT Dept.:31 Judge: Lisa Guy-Schall Complaint Filed: April 22, 2004 Trial Date: February 24, 2006 at 8:30 a.m. SDLIT\SHAOERTY\328503.1 FINAL JUDGMENT IT APPEARING TO THE COURT that on January 14, 2005, the Court sustained, without leave to amend, Defendant City of Carlsbad's ("City" or "Defendant") demurrer to Plaintiff Join Hands Save a Life's ("Plaintiff) Third and Fourth Causes of Action for Intentional Misrepresentation and Negligent Misrepresentation, as set forth in its original Complaint in this matter; and IT FURTHER APPEARING TO THE COURT that on April 1,2005, the Court sustained without leave to amend, the City's demurrer to the Second Cause of Action for Writ of Mandate as set forth in Plaintiffs First Amended Complaint; and IT FURTHER APPEARING TO THE COURT that on December 23, 2005, the Court 10 granted summary adjudication to the City on Plaintiffs First Cause of Action for Breach of 11 Written Contract, Third Cause of Action for Breach of Written Contract, Sixth Cause of Action 12 for Civil Rights Violations, Seventh Cause of Action for Equal Protection Violations, Eighth 13 Cause of Action for Substantive Due Process Violations, Tenth Cause of Action for Inverse 14 Condemnation, Twelfth Cause of Action for Violation of Vested Rights and Fifteenth Cause of 15 Action for Written Breach of Contract; and 16 IT FURTHER APPEARING TO THE COURT that on December 23, 2005, the Court 17 granted the City's Motion to Strike for all purposes Plaintiff Frank Sorino from the case; and 18 IT FURTHER APPEARING TO THE COURT that on February 27, 2006, the Court 19 granted the City's Motion to Dismiss Plaintiffs Fourth Cause of Action for Breach of Written 20 Contract, Fifth Cause of Action for Declaratory Relief, Ninth Cause of Action for Estoppel, 21 Eleventh Cause of Action for Injunctive Relief, Thirteenth Cause of Action for Breach of Written 22 Contract and Fourteenth Cause of Action for Breach of Written Contract; and 23 IT FURTHER APPEARING TO THE COURT that there is good and proper cause to 24 enter this Final Judgment. 25 IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 26 1. Judgment shall be entered in favor of Defendant City of Carlsbad and against the 27 Plaintiff Join Hands Save a Life and Frank Sorino on the First Cause of Breach of Written 98z'° SDLIT\SHAGERTY\328503.1 D FINAL JUDGMENT 1 Contract, the Third Cause of Action for Breach of Written Contract, the Sixth Cause of Action for 2 Civil Rights Violations, the Seventh Cause of Action for Equal Protection Violations, the Eighth 3 Cause of Action for Substantive Due Process Violations, the Tenth Cause of Action for Inverse 4 Condemnation, the Twelfth Cause of Action for Violation of Vested Rights and the Fifteenth 5 Cause of Action for Breach of Written Contract. 6 2. All other causes of action have been dismissed or were subject to a demurrer 7 which has been sustained without leave to amend. Pursuant to Code of Civil Procedure section 8 5 81 d, Defendant City of Carlsbad is also entitled to judgment on those causes of action. 9 3. The City shall be entitled to costs injhis case pursuant to Code of Civil Procedure 10 section 1032. The City's costs are 11 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: 7/2-7 2006 ..-,12 V^JUDQe OFJJHE-SUPERIOR COURT 13 // U LISA GUY-SCHALL SDLIT\SHAGERTY\328503.1 -2- FINAL JUDGMENT