Resolution No. 89451
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RESOLUTION NO. 8945
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
JOINT REPRESENTATION AND WAIVER OF CONFLICT LETTER
BY AND BETWEEN THE CITY OF VERNON AND LOEB & LOEB
WHEREAS, a complaint against the City of Vernon and Bruce V.
Malkenhorst, Sr., individually, has been filed in LASC Case No. BC
343370 (the "Lawsuit"); and
WHEREAS, on December 21, 2005, the City Council of the City
of Vernon adopted Resolution No. 8937 indemnifying, holding harmless
and authorizing the defense of Bruce V. Malkenhorst, Sr. in the
Lawsuit; and
WHEREAS, the law firm of Loeb & Loeb ("Loeb") has been
providing legal services to the City in the past; and
WHEREAS, the City believes that it is to the benefit and best
interests of the City that Loeb be employed for the purpose of
representing the City of Vernon and Bruce V. Malkenhorst, Sr., the
former City Administrator/City Clerk of the City of Vernon, in the
Lawsuit regarding any act, failure to act, or omission in the
performance of their respective duties and responsibilities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
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SECTION 2: The City Council of the City of Vernon hereby
approves the Joint Representation and Waiver of Conflict Letter with
Loeb and employs Loeb for the purpose of representing the City of
Vernon and Bruce V. Malkenhorst, Sr. in all matters in connection with
and in all phases of the Lawsuit.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor to execute said Letter Agreement for, and on
behalf of, the City of Vernon and the Acting City Clerk is hereby
authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
directs the Acting City Clerk, or his designee, to send one fully
executed Letter Agreement to:
Loeb & Loeb
Attn. Carla Feldman, Esq.
10100 Santa Monica Blvd., Ste. 2200
Los Angeles, CA 90067-4164
SECTION 5: The Acting City Clerk of the City of Vernon
shall certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 18th day of January, 2006.
ATTES .
BRUCE V. MALKENHORST, JR.,
kcting City Clerk
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LEONIS C. MA URG, ayor
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 8945, was duly adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on
Wednesday, January 18, 2006, and thereafter was duly signed by the
Mayor of the City of Vernon. /j
(SEAL)
BRUCE V. MALKENHORST, JR.,
Acting City Clerk
- 3 -
SUPPORTING
DOCUMENTS
LOEB&LOEB LLP
A LIMITED LIABILITY PARTNERSHIP
INCLUDING PROFESSIONAL CORPORATIONS
Direct Dial: 310-282-2235
e-mail: cfeldman@loeb.com
wvrw.loeb.com
City of Vernon
c/o Mr. Jeffrey Harrison
Karns & Karabian
900 Wilshire Blvd. #530
Los Angeles, CA 90017
10100 SANTA MONICA BOULEVARD
SUITE 2200
LOS ANGELES, CA 90067-4164
December 23, 2005
TELEPHONE: 310.282.2000
FACSIMILE: 310.282.2200
www.loeb.com
PRIVILEGED AND CONFIDENTIAL
Re: Gloria Molleda vs. City of Vernon, Bruce Malkenhorst [LASC Case
No.: BC 343370]
File No. 204384-10006
Dear Mr. Harrison:
We write to confirm that the City of Vernon (the "City") has asked Loeb &
Loeb LLP to jointly represent the City and the individual defendant, Bruce
Malkenhorst, in the above entitled Complaint.
As you know, Ms. Molleda has asserted claims against the City and Mr.
Malkenhorst. In representing these parties in the litigation, we will have multiple
clients instead of one. With regard to this fact, California law dictates that we cannot
jointly represent the City and the individual defendants unless we reasonably believe
that our ability to represent each party will not be adversely affected and each party
consents after full disclosure of the implications of the simultaneous representation and
the advantages and risks involved.
Specifically, Rule 3-310(C) of the California Rules of Professional Conduct
provides as follows:
A member of the State Bar shall not without the informed
written consent of each client:
LOS ANGELES
NEW YORK
CHICAGO
NASHVILLE
v�
LOEB&LOEB LLP
City of Vernon
December 23, 2005
Page 2
(1) Accept representation of more than one client in a
matter in which the interests of the clients potentially conflict; or
(2) Accept or continue representation of more than one
client in a matter in which the interests of the clients actually
conflict.
In addition, Rule 3-310(E) of the Rules of Professional Conduct provides as
follows:
A member shall not, without the written consent of the client or former client,
accept employment adverse to the client or former client where, by reason of
the representation of the client or former client, the member has obtained
confidential information material to the employment
Based on our conversations in this matter and a review of documents obtained
to date, we believe that our representation of the City and Mr. Malkenhorst will not be
adversely affected by our joint representation. Neither the City nor Mr. Malkenhorst
has informed us of any dispute, factual or otherwise, between the City and Mr.
Malkenhorst in relation to the Case Nor has the City or Mr. Malkenhorst advised us of
any facts that lead us to believe that a claim by either the City or Mr. Malkenhorst
against the other would be advisable.
It is possible that other circumstances may present a conflict and it is important
that the City consider the actual and reasonably foreseeable adverse effects of such a
conflict. Among such adverse effects may be our inability (resulting from our
attorney -client relationship with each party) to divulge information that may be of
importance to the City or Mr. Malkenhorst. In addition, our joint representation would
prohibit us from asserting any claims that one party may have against the other in this
lawsuit, although we are not currently aware of any such claim.
Another risk of joint representation is its effect on the attorney -client privilege.
In the course of our representation of the City and Mr. Malkenhorst in this litigation,
the City's and Mr. Malkenhorst's communications with us are, of course, privileged as
against third parties. However, either the City or Mr. Malkenhorst may disclose
communications that would otherwise be protected by the attorney -client privilege. For
example, if we must withdraw from representing the City or Mr. Malkenhorst, it is
possible that the party who is no longer represented by us could disclose the substance
of otherwise protected communications.
LOEB&LOEB LAP
City of Vernon
December 23, 2005
Page 3
We have explained to Mr. Malkenhorst, via written correspondence, that if a
conflict of interest arises, Loeb & Loeb will continue to represent the City and to use
information that it obtained during its representation of the City and Mr. Malkenhorst
in this Case and in any proceeding related to this matter including a proceeding
adverse to the Mr. Malkenhort's interests. We have further explained in this
correspondence that Mr. Malkenhorst is free to retain his own attorney, and that Loeb
& Loeb will help cooperate with such separate counsel in the event that a conflict of
interest arises.
By executing this letter on behalf of the City, you will confirm that we have
disclosed to you the potential conflict of interest in our joint representation of the City
and Mr. Malkenhorst as described above, and that you have given your informed
consent thereto.
Please do not hesitate to call if you have questions, otherwise please sign this
letter and return it to me.
Thank you for your consideration.
Sincerely,
Ouap��
Carla Feldman
of Loeb & Loeb
By signing below, the undersigned acknowledges that he agrees with the foregoing
terms.
For the City of Vernon
ja:rc
20438410004
LA1007815.2
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro—Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
February 1, 2006
4305 Santa Fe Avenue, Vernon, California 90058
telephone (323) 583-8811
Ms. Carla Feldman
Loeb & Loeb
10100 Santa Monica Blvd., Suite 2200
Los Angeles, CA 90067-4164
SOL BENUDIZ
Police Chief
MARK C. WHITWORTH
Acting Fire Chief
LEWIS J. POZZEBON
Director of Environmental Health
S. KEVIN WILSON
Director of Community Services
SHARON L. DUCKWORTH
Acting City Treasurer
Re: Joint Representation and Waiver Conflict Letter - City of Vernon,
Bruce Malkenhorst LASC Case File No. 204384-10006
Dear Ms. Feldman:
Transmitted herewith is a signed copy of the above -referenced letter,
approved by City Council on January 18, 2006, through Resolution No.
8945.
If you have any questions regarding this matter, please call Mr. Jeff
Harrison, at (323) 583-8811 ext. 225.
truly yours,
Nelly GjAn O
Deputy Cit Clerk
NG:dr
c: Resolution No. 8945
Agreement File No. 06-0.03