REPORT TO COUNCIL
SUBJECT
Title
Approve the Second Amendment to Outside Counsel Agreement with Rankin Stock Heaberlin for Litigation Services in the case of Mollins vs. Sunnyvale
Report
REPORT IN BRIEF
Approval is requested for a Second Amendment to the Outside Counsel Agreement with the law firm of Rankin Stock Heaberlin for legal services and representation of the City in the matter of Mollins vs. Sunnyvale., Santa Clara County Superior Court Case No.
1-14-CV-269592. This Second Amendment is needed to cover the costs associated with continued representation through trial, and will increase the not-to-exceed amount of the Agreement by $52,000 for a new not-to-exceed amount of $142,000
BACKGROUND
David J. Stock, a partner in the law firm Rankin Stock Heaberlin in San Jose, is a trial lawyer specializing in construction law, civil litigation, business law, personal injury, estate litigation, insurance coverage and defense, mediation, and arbitration. Mr. Stock and his firm were retained by the City Attorney under Section 908 of the City Charter to represent the City and provide legal services, consultation and advice concerning the above referenced case in litigation. The Agreement was originally entered in October 2014, with an original not-to-exceed amount of $40,000. In July 2016, a first amendment was executed, which increased the not-to-exceed amount by another $50,000 for a total compensation amount of $90,000. The term of the Agreement expires in December 2017. As a trial date may not occur until February 2018, it is recommended that the term of the Agreement be extended until June 30, 2018.
DISCUSSION
Rankin Stock Heaberlin has represented the City in many personal injury cases during the past years. This current case involves a trip and fall accident that occurred on September 26, 2013. Plaintiff Mollins alleges she was injured when she tripped on El Camino Real between Fair Oaks Avenue and Cezanne Drive in front of the Arbor Terrace Apartments. She ...
Click here for full text