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Resolution No. 9015
I 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 RESOLUTION NO. 9015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING RESOLUTION NOS. 8897 AND 8945 AND APPROVING AND AUTHORIZING THE EXECUTION OF A RETAINER AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND MORGAN, LEWIS & BOCKIUS LLP WHEREAS, on November 9, 2005, the City Council of the City of Vernon adopted Resolution No. 8897 approving the employment of Loeb & Loeb to represent the City of Vernon, Leonis C. Malburg, Thomas A. Ybarra, Hilario Gonzales and William Davis in LASC Case No. BC 331516; and WHEREAS, on January 18, 2006, the City Council of the City of Vernon adopted Resolution No. 8945 approving the employment of Loeb & Loeb to represent the City of Vernon and Bruce V. Malkenhorst, Sr. in LASC Case No. BC 343370; and WHEREAS, Loeb & Loeb is also representing the City of Vernon in pending suits entitled Stan Adrian Gonzales v. Michael. Gilman, et al. and Warren Fu v. City of Vernon; and WHEREAS, Carla Feldman, the primary person handling the City's cases at Loeb & Loeb, has relocated to Morgan, Lewis & Bockius LLP; and WHEREAS, the City believes that it is to the benefit and best interests of the City that Morgan, Lewis & Bockius be substituted in place of Loeb & Loeb for the purpose of representing the City of Vernon, Leonis C. Malburg, Thomas A. Ybarra, Hilario Gonzales, William Davis and Bruce V. Malkenhorst, Sr. in their respective lawsuits regarding any act, failure to act, or omission in the performance of their respective duties and responsibilities; and t 1 2 3 4 5 6 7 8 9 Men 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City Council of the City of Vernon desires to amend Resolution Nos. 8897 and 8945 and to substitute the firm of Morgan, Lewis & Bockius LLP in place of Loeb & Loeb in Case Nos. BC 331516 and BC 343370 and pending suits entitled Stan Adrian Gonzales v. Michael Gilman, et al. and Warren Fu v. City of Vernon. 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 Ifinds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby amends Resolution Nos. 8897 and 8945 to substitute the firm of Morgan, Lewis & Bockius LLP in place of Loeb & Loeb. SECTION 3: The City Council of the City of Vernon hereby approves the Retainer Agreement with Morgan, Lewis & Bockius LLP for the purpose of representing (a) the City of Vernon, Leonis C. Malburg, Thomas A. Ybarra, Hilar.io Gonzales, and William Davis in LASC Case No. BC 331516; (b) the City of Vernon and Bruce V. Malkenhorst, Sr. in LASC Case No. BC 343370; (c) Stan Adrian Gonzales v. Michael Gilman, et al; and (d) Warren Fu v. City of Vernon in all matters in connection with and in all phases of the lawsuits. SECTION 4: The City Council of the City of Vernon hereby authorizes the Mayor to execute said Agreement for, and on behalf of, the City and the Acting City Clerk is hereby authorized to attest thereto. SECTION 5: The City Council of the City of Vernon hereby lauthorizes the Acting City Clerk to execute such other documents and to perform such other acts and deeds, as may be necessary or - 2 - R 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 convenient to effect the purposes of this Resolution. SECTION 6: The City Council of the City of Vernon hereby directs the Acting City Clerk, or his designee, to send one fully executed Agreement to: Morgan, Lewis & Bockius LLP Attn. Carla Feldman, Esq. 300 S. Grand Avenue, 22nd Floor Los Angeles, CA 90071 SECTION 7: The Acting City Clerk of the City 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 loth day of April, 2006. ATTEST: BRUCF� V. MA KENHORST, JR., Actin Ci Clerk EONIS C. MAL URG, Ma or - 3 - 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 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. 9015, was duly adopted by the City Council of the City of Vernon at a special meeting of the City Council duly held on Monday, April 10, 2006, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) k BRUCE V. MALKENHORST, JR. Act' g City Clerk - 4 - AGREEMENT NOT RECEIVED - LEGAL DOES NOT HAVE A COPY ON FILE CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. `BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman April 12, 2006 4305 Santa Fe Avenue, Vernon, California 90058 telephone (323) 583-8811 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 Carla J. Feldman, Esq. Morgan, Lewis & Bockius LLP FILE 300 S. Grand Avenue, Suite 2200 Los Angeles, CA 90071 Re:. Substitution of Attorney - Vernon v. Olivo, LASC Case No. BC 331516 Dear Carla: Enclosed please find the original Substitution of Attorney in the above -referenced matter that has been signed by Bruce Malkenhorst. It is my understanding that Nelly Giron, the Deputy City Clerk, also faxed you a copy of the Substitution. If you have any questions, please contact Chris Romero. Sipcerely, Willard G. a chi Chief Deputy C' y Attorney/ Acting Risk Manager jl Enclosure cc:_ Nelly Giron, Deputy City Clerk 'C'€elpflo y W116ptraa[ 04/10/06 16:53 FAX 213 612 2501 MORGAN, LEWIS-LA (4) 0002 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stak Barnvrnhe� and eddreaa): Carla J. Feldman, Bar No. 119864 Morgan, Lewis & Bockius LLP 300 South Grand Avenue, 22nd Floor Los Angeles, CA 90071 TELEPHONE NO.: 21 3-612-2500 FAX No. (Dpaoneo: 213-612-2501 E-MAILADDRESS (Opltonal); Cfeldman@morganlewis.Com ATTORNEY FOR (Name,: Cross -Defendant CITY OF VERNON SUPERIOR COURT OF D CALIFORNIA COUNTY of Los I STREETADDRESS. I I North ill Street MAILING AODRESS; .CITY AND ZIP CODE: Los Angeles, CA 90071 BRANCH NAME: CASE NAME: City of Vernon v. Eduardo Olivo, and related cross - action SUBSTITUTION OF ATTORNEY —CIVIL (Without Court Order) CASE NUMBER; FOR couRT USE ONLY BC 331516 THE COURT AND ALL PARTIES ARE NOTIFIED THAT (name): City of Vernon makes the following substitution_ 1. Former legal representative Q party represented self ]✓„ Attorney (name): Loeb & Loeb LLP 2. New legal representative Q Party is representing self' Q✓ Attorney a, Name: Carla J. Feldman b. State Bar No. (if applicable), 119864 c. Address (number, street, city, ZIP, and law firm name, if applicable): Morgan, Lewis & Bockius LLP, 300 South Grand Avenue, Suite 2200, Los Angeles, CA 90071 d. Telephone No. (include area code): 213-612-2500 3. The party making this substitution is a 0 plaintiff © defendant 0 petitioner 0 respondent 0 other (specify): Cross -Defendant City of Vernon "NOTICE TO PARTIES APPLYING TO REPRESENT THEMSELVES • Guardian • Personal Representative • Guardian ad !item • Conservator • Probate fiduciary • Unincorporated • Trustee • Corporation association If you are applying as one of the parties on this list, you may NOT act as your own attomey in most cases. Use this form to substitute one attorney for another attorney. SEEK LEGAL ADVICE BEFORE APPLYING TO REPRESENT YOURSELF. NOTICE TO PARTIES WITHOUT ATTORNEYS A party representing himself or herself may wish to seek legal assistance. Failure to take timely and appropriate action In this case may result In serious legal consequences. 4- 1 consent to this substitution. (),0160 City of Vernon, By ZWC-e MALMA00 l ' (TYPE OR PRINT NAME) 5. F-71 I consent to this substitution: Date: (TYPE OR PRINT NAME) 6.0 I consent to this substitution. Date: (TYPE OR PRINT NAME) Form Adopted For Mandatory We Judicial Council of California Me-050 (Rev. JenuBry 1, 20061 (SIGNATURE OF PARTY) (SIGNATURE OF FORMER ATTORNEY) (SIGNATURE OF NEW ATTORNEY) (See reverse for proof of service by mail) SUBSTITUTION OF ATTORNEY —CIVIL (Without Court Order) Page 7 of 2 Cadc of Civil Procadurp, 912Kf), 265; Cal. Rulaa.of Court, min ale Amerid6n LegalNct, Inc, www. U.sco u rtFo rm s.oa m 04/10/06 16:53 FAX 213 612 2501 MORGAN, LEWIS-LA (4) 121 003 MC-Q50 CASE NAME City of Vernon v. Eduardo Olivo, and related cross -action CASE NUMBER: — BC 3315-16 PROOF OF SERVICE BY MAIL, Substitution of Attorney -Civil Instructions: Afterhaving all parties served bymail with the Substitution ofAttomey—Givil, have the person who mailed the document complete this Proof of Service by Mail. An unsigned copy of the Proof of Service by Mail should be completed and served with the document Give the' Substitution of Attorney--CWd and the completed Proof of Service by Mall to the clerk for filing. If you are representing yourself, someone else must mail these papers and sign the Proof of Service by Mail. 1. I am over the age of 18 and not a party to this cause. I am a resident of or employed in the county where the mailing occurred. My residence or business address is (specify)_ 2 1 served the Substitution of Attorney —Civil by enclosing a true copy in a sealed envelope addressed to each person whose name and address is shown below and depositing the envelope in the United States mail with the postage fully prepaid. (1 ) Date of mailing: (2) Place of mailing (city and state): 3. 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: HYPE OR PRINT NAME) (SIGNATURE) NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED 4. a. Name of person served: b. Address (number, street, city, and ZIP): o. Name of person served: d. Address (number, street, city, and ZIP): e_ Name of person served: f. Address (number, street, city, and ZIP): g, Name of person served: h. Address (number, street, city, and ZIP): i. Name of person served: j. Address (number, street, city, and ZIP): r7 List of names and addresses continued in attachment. M"W EAQV. January 9, zoos] SUBSTITUTION OF ATTORNEY --CIVIL Pago z orz (Without Court Order) _04/10/06 16:53 FAX 213 612 2501 MORGAN, LEWIS-LA (4) 121 001 Morgan, Lewis & 60CMlUS LAP 300 South Grand Avenue Morgan Lewis � pwls Twenty -Second Floor Los Angeles, CA 90071-3132 COUNSELORS A T LAW W TEL: 210.612.2500 FAX: 213,612.2501 www.morganiewis.com FAX MESSAGE . Name: Nellie, foz Firm: THE INFORMATION CONTAINED IN GniLv Fo NOD TW P6RSOINTF Bruce Malkenhorst, Jr. CONFIDENTIAL USE OF THE NAMED RECIPI9NT(5), THIS ME55AdE MAY SC AN ATTORNEY•CUENT FAX #: 323.826.1428 Telephone #: 323.583.8811 PRMLEGEDAMD CONFIDENTIAL F THE READER OF THIS MESSAGE IS NOT YHE INTENDED R&CIPIENT OR AN AGENT RESPONSIBLE FOR DELNERING IT TO THE INTENDED • RECIPIENT, YOU ARE HEREBY NOTIFIED THAT YOU HAVE taEGEIVEb THIS DOCUMENT IN Name: Carla Feldman Floor: 22 ERROR AND THAT ANY REVIEW, DI$4FMINAYrON, OISTRMI rnON, OR COPYING OF THIS MESSAGE IS Operator Sending: Telephone # 213.612.7204 STRICTLY PROHIBITED, IF YOU HAVE aEGEIVEo THIS COMMUNICATION IN ERROR: PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, AND FAX #: �ry 877.432.9652 Date 4/10/2006 �f No of Pages: RETURN THE ORIGINAL MESSAGE TO US BY MAIL. THANK YOU. Sent: (including cover page) COMMENTS I4/10/2006 16:15 FAX 323 826 1438 CITY CLERK'S OFFICE mx� TX REPORT �cx�xc TRANSMISSION OK TX/RX NO CONNECTION TEL SUBADDRESS CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT 4305 Santa 56 Avenue Vemon, CA 90058 Phone: 323/583-8811 Fax: 323/82671439 Fax 4178 712136122501 04/10 16:14 O1'06 3 OK f`') wA-. of ty Vernon ' From: a C e To: �•,� Company: tax: pate: W-16A)(p Phone: Pages: 3, indudiOg cover Re: CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ please Recycle •Comments: ljl -�o�� OFFICE OF THE CITY ATTORNEY Jeff A. Harrison, City Attorney 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Fax (323) 826-1438 January 13, 2008 Via Fax and U.S. Mail Carla J Feldman, Esq. Morgan, Lewis & Bockius LLP 300 S Grand Avenue, Suite 2200 Los Angeles, CA 90071-3132 Fax No. (213) 612-2501 Re: Notice of Termination Dear Carla: In furtherance of the City's organizational restructuring objectives during the current financial climate, the City Council of the City of Vernon adopted Resolution No. 9822 terminating all agreements with Morgan, Lewis & Bockius, a copy of which is enclosed. This letter is to serve as written notice of termination of all agreements effective immediately, and instruction to cease providing any services as of January 13, 2009. Please turn over all client files to me within the next ten (10) business days. Thank you for all of your work on behalf of the City. If you have any questions, please contact me. Very tF urs, J f Ason City A JH:j1 Enclosure cc: Ne11y.":Giron=-"(w/o Encl.) (Resolution No. 9822) EvcCusiveCey IndustriaC