HomeMy WebLinkAboutMINUTES - 10251994 - 1.43 �.
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TO: BOARD OF SUPERVISORS n� ,S Costa
FROM: VICTOR J. WESTMAN, COUNTY COUNSEL -- v��o County
By: Arthur W. Walenta, Assistant County Counse °osTq.coi3Kt'�
DATE: October 25, 1994
SUBJECT: Attorney Fees: Scates v. Rydingsword; Randolph v. County;
Oberlander v. County
SPECIFIC REQUESTS) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
County Counsel and the Legal Services Foundation have agreed to
settlement of Legal Services' attorney fee claims and costs in the following
cases, subject to approval by the Board of Supervisors:
Scates v. Rydingsword: Legal Services lost this litigation to compel the
County to provide housing to homeless General Assistance eligibles .
Nevertheless, plaintiffs have a good claim for fees based on partial success
in that the County adopted the emergency assistance GA provisions on account
of the litigation:
Fees claimed: $142, 805 . 00
Agreed settlement: $ 24, 333 . 50
Randolph v. County: In this case, Legal Services unsuccessfully
attempted to compel the County to retain the General Assistance Emergency
Assistance program, but did obtain Court relief against the termination of
certain "special need" allowances, for which they have an attorney fee claim:
Fees claimed: $30, 057 . 00
Agreed settlement: $15 ,028 . 50
Oberlander v. County: This litigation challenged the County's General
Assistance grant levels for persons sharing housing. Legal Services
successfully attacked the County' s shared housing grant levels but lost on its
claims that the County was required to pay for special needs in addition to
the basic GA statutory grant, and that the County could not charge shelter
benefits against the GA grant:
CONTINUED ON ATTACHMENT: X YES SIGNATURE
_ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON October 25 , 1994 APPROVED AS RECOMMENDED x OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
x UNANIMOUS (.ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Orig: ATTESTED October 25 , 1994
cc: County Counsel PHIL BATCHELOR, CLERK OF
THE BOARD OF SUPERVISORS
Auditor/Controller CO ADMINISTRATOR
County Administrator
BY , DEPUTY
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Fees claimed: $112, 639 . 00
Agreed settlement: $ 61 ,896 . 00
Total fees claimed: $285,501 . 00
Total settlements,
Scates, Randolph &
Oberlander: $101, 258 . 00
County Counsel recommends that the Board of Supervisors approve these
settlements ; provided, that the attorney fee settlement in Oberlander v.
County is contingent upon a final agreed upon disposition of that action.