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WITHDRAWN D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
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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
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Dated: 7/2-7 2006 ..-,12 V^JUDQe OFJJHE-SUPERIOR COURT
13 // U LISA GUY-SCHALL
SDLIT\SHAGERTY\328503.1
-2-
FINAL JUDGMENT