Resolution No. 6839
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RESOLUTION NO. 6839
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION
OF A SPECIAL LEGAL SERVICES AGREEMENT BY AND
BETWEEN THE CITY OF VERNON AND THE LAW OFFICES
OF DAVID B. BREARLEY
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WHEREAS, the City of Vernon desires to retain the
services of the Law Offices of David B. Brearley to provide legal
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services for insurance defense claims billed on a combination task
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and hourly basis which is different than the compensation
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arrangements provided for in the existing City Attorney Employment
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Agreement dated July 1, 1986, as modified; and
WHEREAS, the Law Offices of David B. Brearley desires to
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provide such services but reserves the right to negotiate other
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arrangements in advance if a case is more complex and requires a
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different level of legal services.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Coun.cil of the city of Vernon does
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hereby find and determine that the recitals contained hereinabove
are true and correct.
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SECTION 2: The City Council of the City of Vernon hereby
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approves the Special Legal Services Agreement, a copy of which has
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been presented to the city Council concurrently with this
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resolution, and the City Council hereby orders said Agreement to
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be received and filed by the City Clerk.
SECTION 3: The City Council of the City of Vernon hereby
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authorizes the Mayor and the City Clerk to execute said Agreement
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for, and on behalf of, the City of Vernon.
SECTION 4: The City Clerk of the City of Vernon shall
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certify to the passage of this resolution and thereupon and
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thereafter the same shall be in full force and effect.
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8 ATTEST:
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BRUCE V.
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APPROVED AND ADOPTED this 20th day of August, 1996.
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MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST, City Clerk of the City of
5 Vernon, do hereby certify that the foregoing Resolution, being
6 Resolution No. 6839, was duly adopted by the City Council of the
7 City of Vernon at a regular meeting of the City Council duly held
8 on Tuesday, Auqust 20. 1996, and thereafter was duly signed by the
9 Mayor of the City of Vernon.
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BRUCE V. MALKENHORST, City Clerk
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(SEAL)
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EXECUTION COpy
SPECIAL LEGAL SERVICES AGREEMENT
THIS SPECIAL LEGAL SERVICES AGREEMENT is made, entered
into and deemed effective as of the 22nd day of June, 1995,
BY AND BETWEEN
THE CITY OF VERNON, a
Municipal corporation (a
charter city) hereinafter
referred to as "City"
4305 Santa Fe Avenue
Vernon, CA 90058
AND
THE LAW OFFICES OF DAVID
B. BREARLEY, hereinafter
referred to as "Firm"
2440 S. Hacienda Blvd.,
suite No. 223
Hacienda Heights, CA 91745
RECITALS
WHEREAS, City desires to retain the services of Firm to
provide legal services for insurance defense claims billed on a
combination task and hourly basis which 'is different than the
compensation arrangements provided for in the existing City
Attorney Employment Agreement dated July 1, 1986, as modified; and
WHEREAS, Firm desires to provide such services but
reserves the right to negotiate other arrangements in advance if a
case is more complex and requires a different level of legal
services.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES,
COVENANTS, AND CONDITIONS HEREINAFTER SET FORTH, THE PARTIES DO
HEREBY AGREE AS FOLLOWS:
SECTION 1: City hereby retains Firm to provide legal
1 services for insurance defense claims and Firm hereby accepts and
2 agrees to provide such services upon the terms and conditions set
3 forth here in .
4 SECTION 2: 'Firm shall as requested provide legal
5 services for insurance defense claims on behalf of th~ City which
6 includes representing the interests of the city in such
7 proceeding.
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SECTION 3: The term of this agreement is' deemed
9 effective as of June 22, 1995, and shall terminate in the event
10 thirty (30) days written notice is given by either party
11 terminating this Agreement.
12 SECTION 5: COMPENSATION.
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13 City agrees to pay Firm for legal services for such
14 claims on a task and time billing arrangement performed on routine
15 cases as provided for in the attached Exhibit "A," which is
16 incorporated herein by this reference as though fully set forth
17 herein. However, Firm and City reserves the. right to negotiate a
18 different arrangement in advance if a case is more complex and
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SECTION 6: It is understood and agreed that Firm will
principally assign Eduardo Olivo, Esq. to provide such services.
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However, Firm may assign specific work on such claims to other
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members of Firm.
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SECTION 7: Firm shall provide City with a monthly
25 accounting of services rendered hereunder showing the amount of
26 time expended for such services as well as any claim for
27 reimbursement for reasonable and necessary expenses.
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IN WITNESS WHEREOF, the parties hereby have caused this
Amendment to be executed as of this ~ day of August, 1996, in
the City of Vernon, California.
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ATTEST:
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BRUCE V.
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MALKENHORST, City Clerk
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CITY OF VERNON
LAW QFFICESOF DAVID B. BREARLEY
By:
\:JG't~ R. ~~/
DAVID B. BREARLEY,
EXHIBIT "A"
LAW OFFICES OF
DAVID B. BREARLEY
Attorney at Law
2440 S. Hacienda Blvd., Suite No. 223
Hacienda Heights, CA 91745-4770
Telephone (818) 336-3408
Facsimile (818) 330-5818
TASK AND HOURLY RATE SCHEDULE
TASK FIXED FEE
LETTER $ 25 per page
APPEARANCE COURT/DEPO $400 per 1/2 day
ANSWER $200
.
CROSS-COMPLAINT $200
JURY DEMAND $ 50
INITIAL CASE ANALYSIS (preliminary report) $350
BASIC WRITTEN DISCOVERY (INTERROGATORIES, $100 each item
REQ. PROD., REQ. ADM.)
DISCOVERY RESPONSES HOURLY
IME NOTICE $100
CCP 998 $ 60
TRIAL DE NOVO $ 60
EXPERT DEMAND $110
EXPERT DISCLOSURE $100 each expert
RELEASE $ 75
DISMISSAL $ 75
.
DEPOSITION NOTICE $ 60
SUBPOENA $ 50
AT ISSUE MEMORANDUM OR MEMORANDUM TO SET $ 55
JURY INSTRUCTIONS $ 12 each
TSC QUESTIONNAIRES $ 90
WITNESS LIST $ 80
EXHIBIT LIST $ 80
TRIAL/ARB/MSC BRIEF HOURLY
A - 1
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TASK . FIXED' FEE
)
SPECIAL MOTIONS HOURLY
RECORD REVIEW HOURLY
SUMMARIES $ 30 per page
ARB PREP $500 per 1/2 day
ARBITRATION $650 per 1/2 day
TRIAL PREP $500 per 1/2 day
TRIAL $1,300 per day
ALL OTHER ACTIVITIES WILL BE BILLED AT THE Hourlv Rate
HOURLY RATE UNLESS SPECIFIC WRITTEN FEE
ARRANGEMENTS ARE NEGOTIATED. THE HOURLY FEE
EFFECTIVE 1/1/96 SHALL BE: $135.00 per hr.
Key For Abbreviations in Billing:
Atty
BVM
D
Depo
Interrogs =
KW
Ltr
MSJ
P
RFA
RFSD
RTP
SC
TC
V
XC
XD
= attorney
= Bruce V. Malkenhorst
= Defendant
= deposition
interrogatories
= Kevin Wilson
= letter
= motion for summary judgment
= plaintiff
= request for admissions
= request for statement of damages
= request to produce
= status conference
= telephone conversation
= Vernon
= cross complainant
= cross defendant
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MEMORANDUM
TO: Bruce V. Malkenhorst, City Administrator
FROM: Joan Francone, Risk Manager/Personnel Assistant
DATE: August 14, 1996
SUBJECT: SPECIAL LEGAL SERVICE AGREEMENT WITH CITY ATTORNEY'S
OFFICE -TORT DEFENSE CLAIMS
Thank you.. for forwarding a copy of the above referenced document to me.
I would like to specificall mont ly accounting of services rendered
be sent to Colen & for payment.
As .part of our administration services agreement with Colen & Lee all legal fee
invoices are reviewed for reasonable and necessary fees. Paid amounts are
reflected in our monthly general liability loss run which demonstrates a more
accurate per case cost. (If this procedure is followed elsewhere, then nevermind.)
According to .our July 31, 1996 loss run, the City has not paid any expenses
when, in fact, those -cases are litigated. See attached.
JF/cg
Enclosure
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CITY COUNCIL ~ DAVID B. BREARLEY
LEONIS C. MALBURG City Attorney
Mayor ~ ~ FAX: (81,8) 330-5818
' ~ KEVIN WILSON
THOMAS A. YBARRA ~ ~ D~rector`of Community Services & Water
Mayor Pro-Tern (~i'
t ~ FAx: (213) 588-2761
Wm. "BILL" DAMS i;~~~w
Councilman : "KENNETH J. DeDARIO
~Di'rector of Light & Power
H. "LARRY" GONZALIrS - FAX: (213) 583-1983
Councilman '
~i ~ i ~ s ~ ~ dY ~ s DAVE TELFORD
W. MICHAEL McCORMICK~ ~~I +~I I~' ~ Fire Ch-
Councilman ~ ~ FAX: (213) - ,
BRUCE V. MALKENHORST CITY .HALL Louls Ra
City Administrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Pt
FAX: (z13) 581-7924 TELEPHONE (213) 583-8811 FAY
Y
August 21, 1996
Mr. Bruce V. Malkenhorst
City Administrator/City Clerk
4305 Santa Fe Avenue
Vernon,. CA 90058-0805
Re: Legal Services Performed Pursuant to a Separate Agreement.
- Invoice for Services Rendered in July 1996
Dear Bruce:
In accordance with the Special Legal Services Agreement
deemed effective June 22, 1995, enclosed please find .invoices ,for
legal services rendered during the month of July 1996 with
respect to the uiroz case ($513.75) and the Airstream case
($1,466.25) in the total sum of $1,980.00.
If you have any questions concerning the .above, please call.
Very truly .yours,
_ f
David B. Brearley
City Attorney.
DBB:jl
Enclosures
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LAW OFFICES OF ~ G
DAVID BREARLEY
Attorney at Law
2440 S. Hacienda Blvd., Suite No. 223
Hacienda Heights, CA 91745-4770
Telephone (818) 336-3408
Facsimile (818) 330-5818
August 20, 1996
INVOICE: Quiroz vs.. Vernon, HPMC No. 95000590N
For Services Rendered and Expenses Incurred 7/1/96
Through 7/31/96
DATES TASK HOURLY FEE
7/23/96 Review P's opposition to MSJ & cases cited
in opposition;. research & draft reply 2.0 2.0x135 $ 270.00
Ltr to Colen & Lee re reply- 2 pp 2x25 $ 50.00
7/24/96 Finalize reply to P's opposition to MSJ
declaration in support 1..25 1.25x135 $ 168.75
TOTAL
$ 488.75
EXPENSES•
6/24/96 Sprint Attorney Service -
filing $25.00
TOTAL EXPENSES ~ $ 25.00
TOTAL SERVICES & EXPENSES
$ 513.75
LAW OFFICES OF
DAVID B. BREARLEY
. Attorney. at Law
2440 S. Hacienda Blvd., Suite No. 223
.Hacienda Heights, CA 91745-4770
Telephone (818) 336-3408
Facsimile (818) 330-5818
August 20, 1996
INVOICE: Airstream Transportation, etc., James Haskett, Jr., etc.
et al. v. City of Vernon; LASC BC 138204
For Services Rendered and Expenses From 7/1/96 Through
7/31/9,6
DATES TASK HOURLY FEE
7/1/96- Attendance at SC- a day $ 400.00
7/6/96 Review; P's RTP to D Harrison; notice of
depo of D Peterson; P Airstream's 2nd RTP
and Sp Interrogs .50 .50x135 $ 67.50
Prepare draft of responses to Sp Interrogs
and RTP ~ 1.50 1.50x135 $ 202.50
7/13/96 Review: notice of SC; RTP by P to D BJJ;
ltr by P re depo of Peterson .2.5 .25x135 $ 33.75
Revise & finalize V's response, to 2nd set
of Sp. Interrogs and RTP .50 .50x135 $ 67.50
7/15/96 Ltr to Officer Wiles- 1 p 1x25 $ 25.00
Ltr to Officer Baker- 1 p 1x25 $ 25.00
Ltr to Joan Francone re verification (Sp i,
Interrogs #2 & RFP)- 1 p 1x25 $ 2.5.00
7/16/96 Ltr to Officer Baker- 1 p ~ 1x25 $ 25.00
Ltr to Officer Wiles- 1 p ~ 1x25 $ 25..00
7/20/96 Review substitution of atty-BJJ; Ans. to
XC-BJJ; Continental's, ans to V XC x.50 .50x135 $ 67.50
Review D Harrison"s response to P's RTP;
notices of depos of Officers Faldetta &
Finley and. Arnold Peterson; P's amendment
to complaint .50 .50x135 $ 67.50
7/23/96 Ltr to Coien & Lee re status- 8 pp 8x25.00 $ 200.00
7/24/96 Ltr to Officer Faldetta re depo- 2 pp 2x25.00 $ 50.00
Ltr to Officer Finley re depo- 2 pp 2x25.00 $ 50.00
Page 1 of 2
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DATES TASK HOURLY FEE
- 7/30/96 TC w/Officer Finley re depo notice &
supplemental report .50 .50x135 $ 67.50
TC w/Colen & Lee re status letter .25 .25x135 $ 33.75
Review of correspondence from subpena
service; answer to complaint by Sweetner
and amendment to complaint .25 .25x135 $ 33.75
TOTAL $1,466.25
SERVICES
Page 2 of 2
INTER-OFFICE MEMORANDUM
-DATE: August"27, 1996
TO: David B. Brearley, City Attorney
FROM: Gloria J. Orosco, Chief Deputy City Clerk
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SUBJECT: SPECIAL LEGAL SERVICES AGREEMENT WITH THE LAW
.OFFICES OF DAVID B. BREARLEY
Attached hereto is a fully executed duplicate original of the
above referenced agreement for your records.
GJO/hr
Attachment
INTER-OFFICE MEMORANDUM
DATE: August 27, 1996
T0: Joan Francone, Risk Manager/Personnel Assistant
FROM:. Gloria J. Orosco, Chief.Deputy City .Clerk/~~~.i%f~
SUBJECT: SPECIAL LEGAL SERVICES AGREEMENT WITH THE LAW
OFFICES OF DAVID B. BREARLEY
• Attached hereto is a copy of the above referenced agreement for
your records. •
• GJO/hr
Attachment
CITY COUNCIL DAVID B. BREARLEY
LEONIS C. MALBURG i City Attorney
Mayor FAX: (818) 330-5818
THOMAS A. YBARRA KEVIN WILSON
Mayor Pro-Tem Director of Community Services & Water
FAX: (213) 588-2761
Wm. "BILL" DAVIS
Councilman KENNETH J. DeDARIO
Director of Light Bs Power
H. "LARRY" GONZALES FAX: (213) 583-1983
Councilman
DAVE TELFORD
W. MICHAEL McCORMICK Fire Chief
Councilman FAX: (213) 581-1385
BRUCE V. MALKENHORST CITY HALL LOUIS ROSENKRANTZ
City Administrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief
FAX: (213) 581-7924 TELEPHONE (213) 583-8811 FAX: (213) 581-1178
August 13, 1996
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VIA FACSIMILE AND MAIL (
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Mr. Bruce V. Malkenhorst
City Administrator/City Clerk c%~
4305 Santa Fe Avenue - ~ s
Vernon, California 90058 0805 ~ dV-
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Re: Special Legal Services Agreement - Tor De~en a Cla'
Dear Bruce: U
Our firm has been added to the. list of legal counsel eligible
to prpyide legal services on insurance defense claims (tort claims) p,p~
by ICRMA. On July 29, 1996,. I sent you a copy of the application
that we sent to ICRMA identifying the experience of the firm.
Please note the experience of Mr. Olivo as identified in the
attached pages 4, 5, 7 and 8 of the application.
As I indicated in my previous letter of March 5, 1996, I
anticipate that Mr. Olivo would provide the legal services for
these types of claims. Also, in saki letter I attached a billing
format which included an hourly rate and task billing for certain
tasks.
Enclosed please find for your consideration a proposed Special
Legal Services Agreement that I would submit if you believe it
appropriate. I believe this Special Legal Services Agreement would
provide excellent service to the City of Vernon for claims that are
made against the City of Vernon and at the same time provide a
reduction in costs as compared to the firm's employment agreement
for other services.
The firm is able. to provide this discount because Mr. Olivo
will be principally responsible for providing the legal services.
Mr. Bruce V. Malkenhorst
Page 2
August 13, 1996
Even though Mr. Olivo is a younger attorney, he has a substantial
amount of solid experience trying and providing legal services on
these types of claims..
If you have any questions concerning this matter, please call.
`Very truly yours,
David B. Brearley
City Attorney
DBB:j1
Enclosures
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City of L.A., et al. v. Superior Petition for writ of
Court/South Gate, et al. Real mandate, prohibition &
Parties in Interest; Court of certiorari (1996)
Appeal No. 2CIV B100019
Atchison, Topeka & Santa Fe Complaint for declaratory
Railway v. Vernon; LASC BC relief, injunction and
123510; Appeal (no # yet) attorney's fees (enforcement
of code re land use) (1995)
Vernon v. Atchison, .Topeka & Santa Complaint to cease non-
Fe Railway; CPUC No. 96-01-019 conforming use of Hobart
Yard re zoning ordinance
Vernon v. SoCalGas; CPUC No. 96- Complaint to cease replacing
05-038 Line 765 along a proposed
.route and depth (1996)
.Central City South Association v. Petition for writ of
Vernon/Calif. Thermal Treatment mandamus & complaint for
Service/Security Environmental declaratory relief .
Systems,. Inc., Real Party in challenging issuance of
Interest; LASC C 671345 conditional use permit &
validity of General Plan
(1987)
5. Personal Injury, Property Damages
Airstream Transportation, Inc. v. Complaint & cross-complaints
BJJ Company, Inc. (various cross for personal injury and
complaints filed); LASC BC 138204 property damage (1995)
(pending)
Cheryl Thames, et al. v. Jimmy Cross-complaint for
Lee Holley, et al./Holley v. equitable indemnity re
Vernon; LASC C 215115 accident (1979).
Dora H. Quiroz and Ernesto R. Complaint for personal
Moreno v. Vernon; HPMC injury and property damage
95 CO0590N (1995) (pending)
Galeas v. Romo/Romo v. Galeas Cross-complaint for
and Vernon; HPMC 94 CO1494N equitable indemnity (1995)
.(Dismissed as to Vernon)
Hernandez v. Tran; LAMC 9DG04331 Automobile accident - jury
trial/defense verdict
Fallandean v. Lupo; LAMC 91G03706 Automobile accident - jury
trial/defense verdict
Page 4 of 8
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s~ Vaca v. Johnson, LAMC 89L41350 Automobile accident - jury
triad/defense verdict
Valdivia v. White; LAMC 90G04558 Automobile accident - jury
trial
Canter v. Food 4 Less Slip & fall - court ~ -
Supermarkets, Inc.; LAMC 93C0129IN trial/defense verdict
Benjamin v. Viva Markets, Inc., Slip & fall. - jury
LASC T0004350 trial/defense verdict
6. Workers' Compensation Subrogation Claims
Romero v. Latchford Glass Co. Subrogation claim
(Vernon lien claimant); LASC C
228302
Scott & Smith v. Dinah L. Hall Subrogation claim .(1980)
(Vernon lien claimant); Case
#SE C 28494; Vernon v. Dinah L.
Hall; LASC C 284492
Vernon v. Bandini Truck Terminal; Subrogation. claim (Elder)
-LASC C 271865
Vernon v. Chandler; Case #SE C Subrogation claim (Muniz) -
30120 cons. w/C 291272 arbitration
Vernon v. Employees Reinsurance .Subrogation claim (Slifka)
Corp; LASC C 554426
Vernon v. Flores Subrogation claim
HPMC #57290N; Mains v. Flores
LAMC 57310
Vernon v. Pang; HPMC 59504 Subrogation claim 1985
(Lloyd)
Vernon v. P.S.P. Co. Subrogation claim (Vasquez &
Salerno) 3/82
7. Election Contests (1980)
Claunch v. Vernon; LASC C 233286 State of contest of election
Philip S. Reavis/Spencer C. Statement of contest of
Hogan v. Hilario Gonzales; election
LASC C 321453
Page 5 of 8
Vernon v. Central Basin Municipal Complaint for injunction &
Water District/Zastrow; LASC No. order to void action,
BC 130693; Appeal No. BO 098203 declaratory relief violation
of procedural due process
(1995)
Machado v. Bell/Bell v. Vernon; Cross-complaint for
Case. #VC 00358 indemnification and
declaratory relief (1992)
(settlement)
Richard D. Ferris v. Vernon Complaint for false arrest,
Police; Case #SE C 30647 imprisonment,
discrimination., violation of
constitutional rights,
harassment & intimidation
(1979); Demurrer sustained
Southern California Gas Company Peremptory writ of mandate
v. Vernon/Vernon v. Southern and cross-complaint for
California Gas Company; LASC BS declaratory relief and
017468; Appeal Nos. 2CIV B088723 damages - conditions of
and 2CIV BO77228 building permit & franchise
rights (1992)
Trio Consolidated Corporation, Complaint for false arrest &
Steven Karl Karsh v. Vernon; violation of civil rights
LASC C 252220; Appeal (1978)
Vernon v. Coast Metal Service Code enforcement (sidewalks)
Center; LASC C 340885. judgment 1981
Vernon v. Spencer E. Hogan; HPMC Unlawful detainer 1980
52276N
Vernon v. Valley GM Power Complaint for rescission,
Products, Inc.; Case No. EAC breach of contract, fraud.,
078881 negligent misrepresentation
& money had & received;
settled
Vernon v. ESI; AAA No. 72199046889 Dispute over record
ownership (1988)
r-~ Povar v. Mount Sinai Memorial Park Complaint for negligence,
& Mortuary; LASC WEC 103791 intentional infliction of
emotional distress & breach
of contract - jury
trial/defense verdict
Page 7 of 8
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Lewis v. City of Compton, Compton Complaint for police 1
Police, et al.; LASC SCC 23375 misconduct, negligence, \
intentional infliction of
emotional distress; motion
for summary judgment for
defendants
Trent v. Prudential Insurance Complaint for bad faith
Company, et al.; LASC T0003556 .breach of contract; motion
for summary judgment for
defendants
Corporate Plaza Company v. Complaint for breach of
Resolution Trust Corporation; USDC contract; motion for summary
No. 93 5551-JSL judgment for defendant
Eduardo Olivo is experienced primarily in civil litigation
especially automobile and premises liability matters.
Between. 1991 and 1995, Mr. Olivo has conducted hundreds of
depositions, including various expert witnesses, has significant
arbitration experience (50-75) primarily in personal. injury
matters, has experience in all aspects of law and motion, and has
brought six jury trials to verdict (Municipal and Superior
Courts) and two bench trials. In addition, Mr. Olivo represented
the City of Compton in a police misconduct and negligence action
in which he was successful in defending on a motion for summary
judgment.
In the past, Mr. Olivo has worked in law firms which have
represented the following clients: State Farm Mutual Automobile
Insurance Company, State Farm Fire & Casualty Company, Prudential
Life Insurance Company, Mercury Insurance Company, Food 4 Less
Super Markets, The Federal Deposit Insurance Corporation, the
Resolution Trust Corporation, and the City of Compton.
Page 8 of 8
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DRAFT
SPECIAL LEGAL SERVICES AGREEMENT
THIS SPECIAL LEGAL SERVICES AGREEMENT is made, entered
into and deemed effective as of the 22nd day of June, 1995,
BY AND BETWEEN THE CITY OF VERNON, a
Municipal Corporation (a
charter city) hereinafter
referred tows "City"
4305 .Santa Fe Avenue
Vernon, CA 90058
AND THE LAW FIRM OF DAVID B.
BREARLEY, hereinafter
referred to as "Firm"
2440 S. Hacienda Blvd..,
Suite No. 223
Hacienda Heights, CA 91745
RECITALS
WHEREAS, City desires to retain the services of Firm to
provide legal services for insurance defense claims billed on a
combination task and hourly basis which is different than the
compensation arrangements provided for in the existing City
Attorney Employment Agreement dated July 1, 1986, as modified; and
WHEREAS, Firm desires to provide such services-but
reserves the right to negotiate other arrangements in advance if a
case is more complex and requires a different level of legal
services.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES,
COVENANTS, AND CONDITIONS HEREINAFTER SET FORTH, THE PARTIES DO
HEREBY AGREE AS FOLLOWS:
SECTION 1: City hereby retains Firm to provide legal
services for insurance defense claims and Firm hereby accepts and
agrees to provide such services upon the terms and conditions set
forth herein.
SECTION 2: Firm shall as requested provide legal
` services for insurance defense claims on behalf of the City which
includes representing the interests of the City in such
proceeding.
SECTION 3: The term of this agreement is deemed
effective as of June 22, 1995, and shall terminate in the event
thirty (30) days written notice is given by either party
terminating this Agreement.
SECTION 5: COMPENSATION.
City agrees to pay Firm for legal services for such
claims on a task and time billing arrangement performed on routine
cases as provided for in the attached Exhibit "A," which is
incorporated herein by this reference as though fully set forth
herein. However, Firm and City reserves the right to negotiate a
different arrangement in advance if a case is more complex and
requires a different level of legal services.
SECTION 6: It is understood and agreed that Firm will
principally assign Eduardo Cli~,ro, Esq. to provide such services.
.However, Firm may assign specific work on such claims to other
members of .Firm.
SECTION 7: Firm shall provide City with a monthly
accounting of services rendered hereunder showing the amount of
time expended for such services as well as any claim for
reimbursement for reasonable and necessary expenses.
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IN WITNESS WHEREOF, the parties hereby have caused this
Amendment to be executed as of this day of 1996, in
the City of Vernon, California.
CITY OF VERNON
By
LEONIS C. MALBURG, Mayor
' ATTEST:
BRUCE V. MALKENHORST, City Clerk
DAVID B. BREARLEY
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EXHIBIT "A"
LAW OFFICES OF
DAVI D B. BREARLEY
Attorney at Law
2440 S. Hacienda Blvd., Suite No. 223
Hacienda Heights, CA 91745-4770
Telephone (818) 336-34.08
Facsimile (818) 330-5818
TASK AND HOURLY RATE SCHEDULE
TASK FIXED FEE
LETTER $ 25 per page
APPEARANCE COURT/DEPO $400 per 1/2 day
ANSWER $200
CROSS-COMPLAINT $200
JURY DEMAND $ 50
INITIAL CASE ANALYSIS (preliminary report) $350
BASIC WRITTEN DISCOVERY {INTERROGATORIES, $.100 each item
REQ. PROD., REQ. ADM.)
DISCOVERY RESPONSES HOURLY
IME NOTICE $100
CCP 998 $ 60
TRIAL DE NOVO $ 60
EXPERT DEMAND $110
EXPERT DISCLOSURE $100 each expert
RELEASE $ 75
DISMISSAL $ 75
DEPOSITION NOTICE $ 60
.SUBPOENA $ 50
AT ISSUE MEMORANDUM OR MEMORANDUM TO SET $ 55
JURY INSTRUCTIONS $ 12 each
TSC QUESTIONNAIRES $ 90
WITNESS LIST $ 80
EXHIBIT LIST $ 80
TRIAL/ARB/MSC BRIEF HOURLY
A - 1
TASK FIXED FEE
SPECIAL MOTIONS HOURLY
RECORD REVIEW HOURLY
SUMMARIES $ 30 per page
ARB PREP $500 per 1/2 day
ARBITRATION $650 per 1/2 day
TRIAL PREP $500 per 1/2 day
TRIAL $1,300 per day
ALL OTHER ACTIVITIES WILL BE BILLED AT THE Hourly Rate
HOURLY RATE UNLESS SPECIFIC WRITTEN FEE
ARRANGEMENTS ARE NEGOTIATED. THE HOURLY FEE
EFFECTIVE 1/1/96 SHALL BE: $135.00 per hr.
Key For Abbreviations in Billing:
Atty = attorney
BVM = Bruce V. Malkenhorst
D = Defendant
Depo = deposition
Interrogs = interrogatories
KW Kevin Wilson
Ltr = letter
MSJ = motion for summary judgment
P = plaintiff
RFA = request for admissions
RFSD = request for statement of damages
RTP = request to produce
SC = status conference
TC = telephone conversation
V Vernon
XC cross complainant
XD = cross defendant
A - 2