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HomeMy WebLinkAboutMINUTES - 06151993 - 1.2 (2) TO: BOARD OF SUPERVISORS FROM: COUNTY COUNSEL DATE: June 15, 1993 SUBJECT: Dismissal of Litigation (Mota Ranch Owners Association v. Walford; Contra Costa County Superior Court Case No. C92-03470) Boeger Ranch and Mota Ranch Subdivisions, West Pittsburg Area SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS APPROVE dismissal of litigation; APPROVE Stipulation and Release and AUTHORIZE execution by Board chair. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS On May 4, 1993 , J. Michael Walford, Public Works Director, acting as the County Surveyor, approved several certificates of correction submitted by the engineers for Kaufman & Broad ("K&B") , the developer of the Boeger Ranch Subdivision in the West Pittsburg area. The certificates, which affected the boundary line between the Boeger Ranch Subdivision and the adjacent Mota Ranch Subdivision, were approved pursuant to the Subdivision Map Act (Government Code sections 66469-66472 . 1) . After the certificates had been approved and recorded, the Mota Ranch Homeowners Association ("Association") complained that notice was not given to them and that a hearing was not held on the certificates. On July 23 , 199;2., the Association filed suit against the County Surveyor. The County's answer, which was filed on September 1, 1998, raised several defenses, including the defense that the County Surveyor's approval of the certificates was expressly authorized by statute. Recently, the Association's attorneys contacted the County Counsel' s office to see whether the County would agree to waive its costs and attorney's fees in - exchange for a dismissal of this lawsuit. The proposed dismissal would end this lawsuit and would avoid a trial, which is currently set for July 6, 1993 . CONTINUED ON ATTACHMENT: X YES SIGNATURE _ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON JUN 15 1""QQ� 3 APPROVED AS RECOMMENDED OTHER _ VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN �UNANIMOUS (ABSENT /` ) AND ENTERED ON THE MINUTES OF THE BOARD AYES: NOES: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED ABSENT: ABSTAIN: JUN 15 1993 Contact: David F. Schmidt (510) 646-2057 PHIL BATCHELOR, CLERK OF cc•. CAO THE BOARD OF SUPERVISORS Public Works Director AN ADMINISTRATOR County Counsel DEPUTY APPROVAL OF DISMISSAL OF LITIGATION June 15, 1993 (Mota Ranch Owners Association v. Walford; Contra Costa County Superior Court Case No. C92-03470) Initially, the dismissal would be without prejudice. However, depending upon the outcome of a separate quiet title lawsuit involving the Association and K&B, the dismissal would become a dismissal with prejudice. In any event, it is doubtful that this lawsuit could ever be refiled, because it would appear to be time-barred. Both the Public Works Department and the County Counsel's office recommend approval of the settlement and authorization for the Board chair to signed the Stipulation and Release (see attached) . CONSEQUENCES OF NEGATIVE ACTION The lawsuit would continue at additional expense to the County. -2- STIPULATION AND RELEASE MOTA RANCH OWNERS ASSOCIATION vs. WALFORD et al., KAUFMAN & BROAD, Real Party In Interest 1 . The parties hereto desire to settle this matter among themselves. The party designations hereafter shall be as follows: Plaintiff MOTA RANCH OWNERS ASSOCIATION shall hereafter be referred to as "MOTA", all named Defendants shall hereafter be referred to as "the COUNTY" and the Real Party in Interest KAUFMAN & BROAD shall hereafter be referred to as "K & B". 2. Plaintiff MOTA has filed an action in Contra Costa County Superior Court, Docket No. C92-03470. This release and stipulation concerns the claims arising therein. In consideration hereof, each party agrees to bear its/his/her own costs and attorneys fees incurred with regard to this matter. 3. Each undersigned acknowledges that he/she/it has relied wholly own the.ir own judgment as to the extent of these claims, and has not been influenced by any statement made by any other party or party's attorney or party's employee. 4. This release is made as part of a disputed matter, and is not to be construed as an admission of liability on the party of any party released hereunder. 5. Each of the undersigneds represent and warrant that they have full authority and power to execute this_release. 6. Each of the undersigneds affirm and acknowledge that they have read this Stipulation and Release, that they fully.understand its terms and effects and have had the matter explained by counsel. 7. Each of the undersigned parties further state that they have carefully read this document, and sign it voluntarily as to their own free act and of their own free will and accord. 8. MOTA and K & B and the COUNTY agree that the terms of this release shall have no force or legal effect on the matters now pending in the Superior Court of Contra Costa County, Docket No. C92-03092, including any effects under the doctrine of res judicata or collateral estoppel. 9. Should K & B prevail by way of trial, arbitration, or summary judgment in action C92-03092, or should action C92-03092 be settled or dismissed, MOTA shall promptly file an amended dismissal of action C92-03470, dismissing the action in its entirety with prejudice. 10. This Release may be signed in counter-part. 11 . Immediately upon receipt of this executed agreement, MOTA shall file a dismissal without prejudice of the entire action in Superior Court Docket No. C92- 03470. Dated: June 15, 1993 x Tom Torlakson, Chair, Board of Supervisors on behalf of J. MICHAEL WALFORD, CONTRA COSTA COUNTY DIRECTOR OF PUBLIC WORKS, ROAD COMMISSIONER-SURVEYOR I, DAVID SCHMIDT, state that I am the attorney for the above signator(s) and have explained this document to my client(s). Dated: June 21, 1993 J DAVID+SCH IDT, ounty Counsel F. Deputy Dated: on behalf of MOTA RANCH OWNERS ASSOC. I, RENA B. DENHAM, state that I am the attorney for the above signator and have explained this document to my client(s). Dated: RENA B. DENHAM, Attorney for MOTA RANCH OWNERS ASSOC. Dated: on behalf of KAUFMAN & BROAD I, DANIEL E. BIRKHAUESER, state that I am the attorney for the above signator and have explained this document to my client(s). Dated: - DANIEL E. BIRKHAUESER, Attorney for KAUFMAN and.BROAD