HomeMy WebLinkAboutMINUTES - 09221987 - 1.14 TO BOARD OF SUPERVISORS
FROM: Phil Batchelor, County Administrator Contra
DATE: September 22, 1987 Costa
. County
SUBJECT: Settlement of Litigation - Patrick O'Brien vs.
State of California, County of Contra Costa, et al. -
Superior Court No. 257212 - (GL 83-285)
SPECIFIC REQUEST(S) OR RECOMMENOATION(_S) & BACKGROUND Alm JUSTIFICATION
RECOMMENDATION•
Receive this report concerning subject settlement and payment from the
General Liability Trust Fund.
REASONS FOR RECOMMENDATION/BACKGROUND:
Austin Gibbons, defense counsel for the County, has advised the County
Administrator that within authorization an agreement has been reached
settling the lawsuit of Patrick O'Brien vs. State of California, County of
Contra Costa, et al. , Superior Court No. 257212.
Patrick O'Brien and his attorney have agreed to dismiss the above-mentioned
claim in return for the purchase of the property.
In consideration of the settlement, the Board authorized:
1. Payment of not greater than $140,000 into escrow fund
to purchase property with contribution also from the
State of California on the basis of 60/40, the County
assuming 40 percent. Additional codefendants are
contributing a total of $40,000 without participation
in the purchase of the property.
2. The property will be purchased by Ned Clyde, a reputable
contractor who will repair the slide damage.
3 . Reimbursement from the property sale proceeds will effect
a settlement on a net basis within the settlement authority
extended by the Board.
This action should be taken so that terms of this settlement are known
publicly.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDkA''1'ION- OF RD COMMITTEE
APPROVE OTHER
,J
SIGNATURE(SI: p7
ACTION OF BOARD ON September. 2 2i 1907 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TARN
AYES; NOES. AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
cc: CAO-Risk Management ATTESTED _ September 22 , 1987
Auditor-Controller
County Counsel PHIL BATCHELOR, CLERK OF THE BOARD OF
Austin Gibbons SUPERVISORS AND COUNTY ADMINISTRATOR
K. C. Farnsworth
M382/7-83 BY__ �� ,DEPUTY