To: Board of Supervisors
From: Thomas L. Geiger, County Counsel
Report Title: Public report of litigation settlement agreements that became final during the period September 1, 2024, through September 30, 2024.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
RECEIVE public report of litigation settlement agreements that became final during the period September 1, 2024, through September 30, 2024.
FISCAL IMPACT:
Settlement amounts are listed below.
BACKGROUND:
Four agreements to settle pending litigation, as defined in Government Code section 54956.9, became final during the period September 1, 2024, through September 30, 2024.
Perez v. Contra Costa County, et al.; Contra Costa County Superior Court, Case Number C23-01552. On July 9, 2024, the Board of Supervisors approved a settlement in this personal injury case arising out of an automobile accident involving a county employee. The Board approved the settlement for $200,000 in closed session by a vote of 5-0. The settlement agreement was fully executed on September 26, 2024. The funding source is the Risk Management Liability Internal Service Fund.
In Re Claim of Irene Graham. On September 10, 2024, the Board of Supervisors approved a settlement in this employment matter arising out of claimant’s employment with the Health Services Department. The Board approved the settlement for $499,000 in closed session by a vote of 5-0. The settlement agreement was fully executed on September 17, 2024. The funding sources are Risk Management Liability Internal Service Fund and the Health Services Department.
Contra Costa County v. D.S. Properties 17, LP, et al.; Contra Costa County Superior Court, Case Number C21-00372 and Contra Costa County v. WC Properties (Edens), LLC, et al.; Contra Costa County Superior Court, Case No. C22-01451. The County filed these two eminent domain actions to acquire property rights for the County’s Danville Boulevard/Orchard Court Complete Streets Improvements project, in Alamo. In the WC Properties (Edens) matter, on June 4, 2024, in closed session by a 5-0 vote, the Board of Supervisors approved a settlement with tenant Peet’s Coffee, to pay Peet’s Coffee $5,000 for its damages. The court entered a stipulated judgment in this case on September 12, 2024. In the D.S. Properties matter, on April 26, 2022, in closed session by a 5-0 vote, the Board of Supervisors approved a settlement with tenant Wells Fargo Bank, to pay Wells Fargo $85,000 for its damages. On February 28, 2023, in closed session by a 5-0 vote, the Board of Supervisors approved a settlement with the owner of the property, W.C. Properties, LLC (Edens), to pay Edens $875,000 for its interest in the property being acquired and all damages. The court entered a stipulated judgment in this case on August 16, 2023. The funding sources for these settlements are Highway Safety Improvement Program Cycle 8 Federal Funds, Measure J Regional Funds, and County Road Funds.
CONSEQUENCE OF NEGATIVE ACTION:
The report would not be accepted.
cc: Monika L. Cooper, Assistant County Counsel; Karen Caoile, Director, Risk Management