REPORT TO COUNCIL
SUBJECT
Title
Approve the Third Amendment to Outside Counsel Agreement with Bertrand, Fox, Elliot, Osman & Wenzel for Litigation Services in the matter of Casa De Amigos v. City of Sunnyvale.
Report
BACKGROUND & DISCUSSION
Casa De Amigos v. City of Sunnyvale, Case No. 18CV321477, currently pending in Santa Clara County Superior Court, involves Plaintiff Casa de Amigos Mobile Home Park who is alleging injury to property, nuisance, and maintenance of a dangerous condition on public property relating to City sewer lines which run north to south from Persian Drive to and across Highway 237. Plaintiff alleges a series of depressions and elevations in the City's Persian Main affect their ability to empty sewage into the City of Sunnyvale's system that have caused multiple sewer backups into Casa de Amigos' private property.
This case was consolidated with the matter of H. Rivera v. City of Sunnyvale, et al., Case No. 2013-1-CV-240935 and is set for trial in February 2023. The court has set a Settlement Conference prior to trial on January 11, 2023, so that the parties may attempt to settle prior to the trial date.
Gregory Fox, a trial attorney who specializes in the areas of municipal tort defense and constitutional and civil rights law, and partner in the law firm of Bertrand, Fox, Elliot, Osman & Wenzel was retained by the City Attorney under Section 908 of the City Charter to represent the City and provide legal services and representation in tort cases. The Agreement was entered in February 2018, and the not to exceed amount has been increased twice, most recently on December 9, 2020, increasing the compensation by $350,000 and extending the term of the agreement to February 19, 2024 (RTC No. 20-1000).
Approval is requested for a Third Amendment to the Outside Counsel Agreement to allow for an additional $235,000 in potential legal expenses, including costs associated with the Settlement Conference and other costs associated with proceedin...
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