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MICHAEL N. FEUER City Attorney

R16-0148REPORT NO.

MAY 0 2REPORT RE:

STATUS OF LIABILITY ACCOUNTS AS OF MARCH 31, 2016

The Honorable Budget & Finance Committee of the City of Los Angeles

Room 1010, City Hall 200 North Spring Street Los Angeles, California 90012

Honorable Members:

The City Attorney’s Office has been requested to periodically report to your Honorable Committee on the status of funding for General Fund liability payouts. This report covers the two quarters ending December 31, 2015 and March 31, 2016.

This fiscal year, the Adopted Budget provided $53.91 million for liability payouts. An additional $56.1 million was added to the account to cover payouts associated with these four extraordinary cases:

• Eriza Rohayent Gomez - $15 million (LAPD/wrongful shooting)• Angela Killings-Rodriguez - $15 million (DOT/dangerous condition)• Bruce Lisker - $7.6 million (LAPD/wrongful incarceration)• Kash Register - $16.7 million (LAPD/wrongful incarceration)

As of this reporting period, over $98 million has been expended or committed, leaving approximately $12 million for the remainder of the fiscal year. On Attachment A of this report, please find a detailed listing of cases over $100,000 that were paid and/or approved as of March 31,2016

Honorable Budget & Finance Committee of the City of Los Angeles

Page 2 of 2

If you have any questions regarding this matter, please contact Chief Assistant Thomas Peters at (213) 978-8277. He or other members of this Office will be present when you consider this matter to answer any questions you may have.

Very truly^ours,

MIpHAErrl. FEUER City Attorney

MNF:gbsAttachment

Honorable Eric Garcetti, Mayor Honorable Members of the City Council

cc:

ATTACHMENT APublic Report

LIABILITY CLAIMS FISCAL YEAR 2014/15 PAYOUTS THROUGH MARCH 31, 2016 ACCOUNT 9780

Total General Fund Payout

Authorized by City Council

Cot. A,

FISCAL YEAR 2015/16 lotai psia

FY16 as of 3/31/16

Col. D

Date Total Paid in Prior Fiscal

YearsCo!. B

uaiance DueApproved by City Council

Case Name/Case Number Case Description Total Payout Due FY16

Col. C

Authority FY16Col. C minus D

Col, EVarious cases ($100,000 and below)

Various n/an/a n/a $ 6,722,700 $ 6,722,700

This is a large class-action, injunctive relief lawsuit filed on behalf of five individuals. Plaintiffs claimed constitutional rights violations by LAPD when they forced plaintiffs from the City Hall lawn area and arrested them.__________________________________________

Aichele, Cheryl CV12-10863 (see Note 1) $ 2,450,000 $ 2,450,000 $ 2,450,000 $3/23/15CF14-0269

Plaintiff alleges that she was unlawfully downgraded from Detective II to Detective I position.____________________

Banks, Stephanie BC525642 $ 400,000 $ 400,000 $$ 400,000CF15-1255 11/18/15

Plaintiff alleged that over a period of time she was illegally wiretapped, threatened, harassed and intimidated by LAPD officers.

Busch, Anita BC316318 $ 200,000 $ 200,000 $ $ 200,000CF15-1009 9/21/15

This is a class action seeking damages under Civil code 52.1 (Unruh Act) and California Constitution for impounding vehicles of unlicensed drivers__________________________________________

Castillo, Ricardo BC469942 103,910 $ 103,910 $ 103,910 $CF15-1254 11/18/15

Chance, Clarence (see Note 2)______ Plaintiff alleged wrongful arrest by LAPD. $ 88,920CF93-0166 7/6/93 $ 66,690 $ 22,23088,920

Chaudhry, Rukhsana CV11-55820 (formerly CV09-01592)__________

Plaintiff alleged wrongful death of son who was shot by LAPD officers.________________________________________________ $ 1,463,109CF15-0406 4/22/15 $ 1,463,109 $ 1,463,109 $

Christian, Jonathan CV14-08924 Plaintiff alleged wrongful officer involved shooting. $ 2,400,000CF16-0089 $ 2,400,0002/22/16 $ 2,400,000 $Concerned Citizens of South Central Los

Plaintiff alleged that the City breached contract which allowed plaintiff to build a recreational complex and included an option to purchase property for $2.1 million.

Angeles v. COLA, Appellate case no. B240301, Superior Court case no. BC389760________________________

$ 189,802CF14-0733 9/1/15 $ 189,802 $ 189,802 $

First amendment challenge to the City application of penal code to the plaintiffs' disruption of public meetings._____________________

CPR for Skid Row CV11-6274 $ 225,000 $ 225,000 $225,000CF15-1224 11/18/15

Plaintiff, a mentally ill woman, was shot by LAPD officers during a response to her home.

Davidson, Kamisha CV13-09004 6/30/15CF15-0621 500,000 $ 500,000 $ 500,000 $

Plaintiffs, a group of individuals who live in their vehicles in theDesertrain, Cheyenne CV10-09053 Venice area, alleged that LAPD officers harassed and intimidated

them in an effort to get them to move out of the area.___________8/19/15 $ 1,100,000CF15-0804 $ 1,100,000 $ 1,100,000 $

Plaintiff alleged discrimination and harassment based on his raceDuffy, James BC454369 2/10/16 $ 4,415,061CF16-0088 $ 4,415,061 $ 4,415,061 $and disability.Plaintiff alleged that her son was wrongfully shot by police officers, rendering him a paraplegic at a very young age.________________

Eriza, Rohayent Gomez BC453870 $15,000,000CF15-0878 8/12/15 $15,000,000 $15,000,000 $

Plaintiff, mother of decedent, alleged dangerous condition caused the death of her death and three other passengers._____________

Fabian, Gabriela BC541790 (noton list) $ 750,000CF15-1447 1/20/16 $ 750.000 $ 750,000 $

Plaintiff, 63 years old, alleged dangerous condition after trip and fall caused by an uplift on City street.________________________

Gaar, Susan BC551177 $ 425,000CF16-0270 3/23/16 $ 425,000 $ 425,000 $

Garrabrant, Scott BC537283 Plaintiff alleged disability discrimination. $ 176,129CF15-0794 8/21/15 $ 176,129 $ 176,129 $Plaintiff alleged racial discrimination and retaliation for reporting on another police officer's misconduct and complaining about race- based decisions.

Garza, Mark BC500563 $ 925,000CF15-0905 2/2/16 $ 925,000 $ 925,000 $

Gregg, Dan BC473860 Plaintiff alleged causes of action for Whistleblower Retaliation. $ 950,000CF15-1401 1/13/16 $ 950,000 $$ 950,000

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ATTACHMENT APublic Report

Total General Fund Payout

Authorized by City Council

J Col A___

FISCAL YEAR 2015/16 ~iotai paia FY16 as of

3/31/16Col. D

Date Total Paid In Prior Fiscal

YearsCol. B

balance DueApproved by City Council

Case Name/Case Number Case Description Authority Total Payout Due FY16

Col C

FY16Col C minus D

Col. EPlaintiff alleged Discrimination based on Race/National Origin; Harassment based on Race/National Origin; Failure to Maintain a Discrimination Free Environment: and Retaliation._____________

Gutierrez, Ruben BC581781 $ 380,000 $ 380,000CF15-0906 8/26/15 $ 380,000 $

Plaintiff allegedly crashed into a DOT vehicle as it was leaving a stop sign. He sustained serious physical injuries._____________

$ 600,000Hernandez, Manuel de Jesus BC545542 $ 600,000CF16-0220 1/0/00 $ 600,000

Claims against the City's Downtown Business Improvement District which settled for approximately S500K, payable over fiveHill RHF Housing Partners BS238416

(see Note 4) $ 291,286 $ 120.000CF12-1621 2/13/13 500,000 $ 120,000years.Plaintiff, a pedestrian struck by a third-party vehicle, alleged dangerous condition at a City intersection because the crosswalk was faded and shaded by trees._____________________________

Hinkston, Jerry BC562137 $ 250,000 $ 250,000CF15-1473 12/9/15 $ 250,000

Plaintiff alleged that LAPD officers used excessive force on her father while in custody. When her father was taken to hospital for injuries, LAPD allegedly withheld information from hospital resulting in inadequate treatment leading to their father's death.

Howard, Tushana/lrma CV13-01847 (seeNote 3) $ 2,850,000CF15-0333 $ 2,850,00010/15/15 $ 2,850,000

Plaintiff was crossing the street with Berish Landau when they were struck by a third-party vehicle. It is alleged that the timing of the traffic controls were insufficient to allow pedestrians to cross.

Jacobs, Samuel BC528295 $ 1,175,000 $ 1,175,000CF16-0214 3/30/16 $ 1,175,000

Landau died and Jacobs is brain-iniuredPlaintiff alleged wrongful arrest by LAPD.Johnson, Travon CV14-05848 $ 550,000 $ 550,0002/17/16CF16-0112 550,000Plaintiffs decedent was killed when their vehicle spun around and

Kaplan, William BC520639 collided with a fence. It is alleged that dangerous condition led to ,the accident._______________________________________________

$ 500,000 $ 500,000CF15-0426 6/30/15 $500,000

Plaintiff alleged wrongful death and serious physical injuries after two young pedestrians, were struck by a non-City vehicle. Plaintiff alleges that dangerous condition due to lack of traffic lights contributed to the accident. Injured 12-year old is now a paraplegic and her 10-vear old sister died._____________________

Killings-Rodriguez, Angela BC454711 $15,000,000 $15,000,000CF15-1372 12/9/15 $15,000,000 $

Plaintiff alleged dangerous condition after her motorcycle went over a pothole and she was ejected in the air, sustaining severe physical, mental and emotional injuries._____________________

Lane, Karakul BC504453 $ 450,000 $ 450,000CF16-0054 3/1/16 $ 450,000 $

Plaintiff alleges racial discrimination, as well as retaliation and hostile work environment.

Lewis, Ray CV15-03481 $ 495,000CF15-1394 12/15/15 $ 495,000 $ 495,000 $

Plaintiff alleged false arrest by LAPD for the murder of his mother. Plaintiff spent 26 years in prison._____________________________

Lisker, Bruce CV09-09374 $ 7,600,000 $ 7,600,000CF16-0028 1/19/16 $ 7,600,000 $

Plaintiff sustained serious physical injuries after he was struck by LAPD patrol car while riding his motorcycle. He is now a paraplegic.________________________________________________

Malone, Justin $ 1,400,000 $ 1,400.000CF16-0318 3/23/16 $ 1,400,000

Plaintiff alleged serious physical injuries after tripping over a previously patched defect.______________________________

Mercado, Miguel BC535607 $ 130,000 $ 130,000CF15-0626 7/29/15 $ 130,000 $

Claims against the City’s Downtown Business Improvement District which settled for approximately $100K, payable over five

Mesa RHF Housing BS140224 (see Note 5) $ 100,000 $ 38,801 $ 20,000CF13-1186 9/25/13 20,000

years.Writ challenging Department of Recreation & Park's denial that a contract with Plaintiff was formed.

Michael Leslie Productions BC477339 $ 375,000 $ 375,000CF15-1130 10/28/15 $ 375,000 $

Plaintiff sustained serious physical injuries after a traffic collision with a LAPD vehicle._______________________________________

Montelongo, Victor BC534372 $ 250,000CF16-0260 $ 250,0003/21/16 $ 250,000

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ATTACHMENT APublic Report

Total General Fund Payout

Authorized by City Council

Got. A

FISCAL YEAR 2015/16DateTotal Paid in Prior Fiscal

YearsCol. B

otai naw Balance DueApproved by City Council

Case Name/Case Number Case Description Authority Total Payout Due FY16

Col. C

FY16 as Of 3(31/16

Col. D

FY16Col. C minus D

Col. EPlaintiffs Moreno, Carranza and Martinez alleged that they were harassed and discriminated against based on race and national origin.___________________________________________________

Moreno, Edward BC553518 S 2,500,000 $ 2,500,000CF15-1108 10/14/15 $ 2,500,000 $

Plaintiff alleged serious physical injuries after her scooter hit a broken portion of the street.______________________________

Ngo, Hannah Emily BC545332 CF15-1077 10/28/15 $ 350.000 $ 350,000350,000 $

Patino, Orville BC547176 Plaintiff alleged disability discrimination and wrongful termination. $ 550,000CF16-0199 3/30/16 $ 550,000 $ 550,000Case is brought on behalf of the children of decedent, who allegedly died while in the custody of LAPD officers.______

P.W., a minor, CV13-08520 $ 2,500,000 $ 2,500,000CF15-1139 10/14/15 S 2,500,000 sThis is a case challenging a City ordinance allowing LAPD to unilaterally inspect motel guest registries._________________ $ 668,371Patel CV05-01571 CF14-1259 $ 668,371 $ 668,3712/29/18

Plaintiff alleged discrimination, harassment & retaliation in thePinuelas, Joe BC542296 $ 700,000CF15-0891 8/26/15 $ 700,000 $ 700,000 $workplace.Plaintiff alleged he was wrongfully incarcerated for over 34 years for murder before his writ of habeas corpus was granted by a Superior Court judge.______________________________________

Register, Kash CV14-04568 $16,700,000 $16,700,000CF15-1483 1/19/16 $16,700,000 $

Plaintiffs alleged that dangerous condition on public property and poor road design led to a fatal crash that killed motorcyclist.

Sadoyan, Lusik BC507864 $ 165,000CF15-1431 1/20/16 $ 165,000 $ 165,000 $

Plaintiff alleged he was rear-ended by LAFD employee, sustaining shoulder injuries that reguire surgery,_________________________

Saenz, Simon BC497783 $ 300,000CF15-1113 $ 300,00011/24/15 $ 300,000 $

Plaintiff alleged discrimination and harassment based on nationalSantana, Mario BC551461 $ 750,000CF15-1114 $ 750,00010/14/15 $ 750,000 $origin.Plaintiff alleged dangerous condition after he tripped and fell over a sunken utility box._________________________________________

St. Mark, Tyler BC573513 $ 200,000CF16-0082 $ 200,0003/1/16 $ 200,000Plaintiff was riding his bicycle on a bicycle path when a D.O.T. Parking Enforcement employee allegedly swung open a car door directly in front of him, causing plaintiff to collide with the door.

Stone, Steven BC533048 $ 150,000 $ 150,000CF15-0805 8/5/15 $ 150,000 $

Plaintiff alleged that LAPD withheld exculpatory information from him causing his malicious prosecution and a Brady violation that denied him a fair trial, spending 27 months in jail awaiting trial. Mary Tatum is plaintiffs mother & estate administrator.________

Tatum/Mary USSC 14-1020 (formerly Walker, Michael 10-55692) CF15-0774 6/30/15 $ 250,000 $ 250,000250,000 $

Plaintiff alleged disability discrimination and harassment in the workplace. ___

Wells, Danielle BC503104 $ 1,000,000CF15-1256 $ 1,000 00011/18/15 $ 1,000,000 $

LAFD was traveling Code 3 through a City intersection and allegedly failed to properly clear the intersection, causing a collision with plaintiff.__________________________________

Yezegelyan, Anait BC518591 $ 600,000CF15-0408 $ 600,00011/9/15 $ 600,000

TOTAL $98,013,001 $ 93,675,771 $ 4,337,230NOTES:D Aichele was originally issued in FY15, but had to be cancelled and re-issued in FY16 using FY16 funds.

Chance, Clarence - $7,410 monthly payment due until February 2023Howard, Irma/Tushana - this settlement replaces a FY15 settlement for S1.75M which fell through Hill RHF Housing - total settlement approximately $500K, payable in five annual installments starting in FY13 Mesa RHF Housing - total settlement approximately $100K, payable in five annual installments starting in FY14 Not reflected in the above chart are these two cases which have been approved by Council:

Contreras, Robert CV11-01480 - plaintiff verdict of $.725M plus interest: City posted deposit of $8.284M which should be sufficient to cover payout Cornejo/P.C.et al CV07-03413 - City lost appeal; City posted deposit of $5M which should be sufficient to cover payout

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