o,~os county of los angelesfile.lacounty.gov/sdsinter/lac/1033366_020518-combinedagenda.pdfsearches...

24
o ,~ os COUNTY OF LOS ANGELES J ~t'~ :....:~ '°'1' cF ~;~ ''`~':`~"N CLAIMS BOARD ,,, m .i~+ f lli~ ' 500 WEST TEMPLE, STREET' ,. LOS ANGELES, CALIPOKNIA 90012-2713 C '~pFORN~P ' '•. MEMBERS OF THE BOARD Arlene Ba~rera Auditor -Controller Steve Robles Chief Executive Office Roger H. Granbo Office of the County Counsel NOTICE OF REGULAR MEETING The County of Los Angeles Claims Board will hold a regular meeting on Monday, February 5, 2018 at 9:30 a.m., in the Executive Conference Room, 648 Kenneth Hahn Hall of Administration, Los Angeles, California. AGENDA Call to Order. 2. Opportunity for members of the public to address the Claims Board on items of interest that are within the subject matter jurisdiction of the Claims Board. 3. Closed Session —Conference with Legal Counsel —Existing Litigation (Subdivision (a) of Government Code Section 54956.9). a. Susan Spell, M.D., v. County of Los Angeles, et al. United States District Court Case No. 2:15 -CV -07775 This lawsuit alleges Plaintiffs civil rights were violated when the Department of Children and Family Services detained her four minor children without a warrant; settlement is recommended in the amount of $150,000. See Supporting Document b. Howard Bloomgarden v. County of Los Angeles, et al. United States District Court Case No. CV -11-9449 This lawsuit alleges civil rights violations and excessive force on an inmate at Twin Towers Correctional Facility when he was disciplined for possession of contraband; settlement is recommended in the amount of $60,000. See Supporting Document HOA.1020R4076.1

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Page 1: o,~os COUNTY OF LOS ANGELESfile.lacounty.gov/SDSInter/lac/1033366_020518-CombinedAgenda.pdfsearches at the Twin Towers Correctional Facility in ... to the settlement documents developed

o,~os COUNTY OF LOS ANGELESJ~t'~ :....:~ '°'1'cF~;~ ''`~':`~"N CLAIMS BOARD,,, m

.i~+ f lli~ ' 500 WEST TEMPLE, STREET',.

LOS ANGELES, CALIPOKNIA 90012-2713

C'~pFORN~P''•.

MEMBERS OF THE BOARD

Arlene Ba~reraAuditor-Controller

Steve RoblesChief Executive Office

Roger H. GranboOffice of the County Counsel

NOTICE OF REGULAR MEETING

The County of Los Angeles Claims Board will hold a regular meeting on

Monday, February 5, 2018 at 9:30 a.m., in the Executive Conference Room,

648 Kenneth Hahn Hall of Administration, Los Angeles, California.

AGENDA

Call to Order.

2. Opportunity for members of the public to address the Claims Board on

items of interest that are within the subject matter jurisdiction of the

Claims Board.

3. Closed Session —Conference with Legal Counsel —Existing Litigation

(Subdivision (a) of Government Code Section 54956.9).

a. Susan Spell, M.D., v. County of Los Angeles, et al.United States District Court Case No. 2:15-CV-07775

This lawsuit alleges Plaintiffs civil rights were violated when the

Department of Children and Family Services detained her four

minor children without a warrant; settlement is recommended in

the amount of $150,000.

See Supporting Document

b. Howard Bloomgarden v. County of Los Angeles, et al.

United States District Court Case No. CV-11-9449

This lawsuit alleges civil rights violations and excessive force on

an inmate at Twin Towers Correctional Facility when he wasdisciplined for possession of contraband; settlement is

recommended in the amount of $60,000.

See Supporting Document

HOA.1020R4076.1

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Page 2

Juan Isaac Garza v. County of Los Angeles, et al.Los Angeles Superior Court Case No. BC 553 211

This lawsuit alleges deliberate indifference to an inmate's medicalneeds while he was incarcerated at Twin Towers CorrectionalFacility; settlement is recommended in the amount of $5,900,000.

See Supporting Documents

d. Non-Litigated Claim of Robert L. Ritchie and Deanna Ritchie

This claim seeks compensation from the Department of PublicWorks for real and personal property damage allegedly causedfrom a backflow of sewage due to a sewer mainline blockage;settlement is recommended in the amount of $29,257.91 (includesprior payment of $14,621.67).

See Supporting Document

e. Erin Hughes v. County of Los Angeles, et al.Los Angeles Superior Court Case No. BC 549 059

This dangerous condition lawsuit arises from injuries and propertydamage sustained when aCounty-owned tree maintained by theDepartment of Public Works fell on top of Plaintiffs car; settlementis recommended in the amount of $99,999.99.

See Supporting Document

Javier Coria Gonzalez, et al. v. Juan G. Alonso, et al.Los Angeles Superior Court Case No. BC 590 459

This lawsuit arises from alleged injuries sustained in anautomobile accident involving an employee from the Departmentof Public Works; settlement is recommended in the amount of$70,000.

See Supporting Document

HOA.102084076.1

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Page 3

g. Old Republic General Insurance Corporation v. County ofLos AngelesLos Angeles Superior Court Case No. BC 582 690

This Department of Health Services lawsuit relates to a complaintin intervention relating to workers' compensation benefits paid toor on behalf of James Cobb; settlement is recommended in theamount of $87,391.41.

See Supporting Document

h. Michael Young v. County of Los AngelesLos Angeles Superior Court Case No. VC 065 892

This medical malpractice and dependent adult abuse lawsuitconcerns allegations that Plaintiff suffered injuries while he was apatient at Rancho Los Amigos National Rehabilitation Center;settlement is recommended in the amount of $299,950.

See Sugqortina Document

Yan Kav v. County of Los Angeles, et al.Los Angeles Superior Court Case No. BC 574 156

Juan Carlos v. County of Los Angeles, et al.Los Angeles Superior Court Case No. BC 596 221

These consolidated lawsuits arise from alleged injuries sustainedin a vehicle accident involving a Fire Department emergencyengine; settlement is recommended in the amount of $292,500.

See Supporting Documents

Christopher Davis v. County of Los AngelesLos Angeles Superior Court Case No. BC 556 634

This lawsuit concerns allegations that the Fire Department deniedemployment to Plaintiff based on disability discrimination;settlement is recommended in the amount of $250,000.

HOA.102084076.

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Page 4

4. Report of actions taken in Closed Session.

5. Approval of the minutes of the January 8, 2018, regular meeting of the

Claims Board.

See SugportinA Document

6. Items not on the posted agenda, to be referred to staff or placed on the

agenda for action at a further meeting of the Board, or matters requiring

immediate action because of emergency situation or where the need to

take immediate action came to the attention of the Board subsequent to

the posting of the agenda.

7. Adjournment.

HOA.10208407G. l

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CASE SUMMARY

INFORMATION ON PROPOSED SETTLEMENT OF LITIGATION

CASE NAME

CASE NUMBER

COURT

DATE FILED

COUNTY DEPARTMENT

Susan Spell, M.D., v. County of Los Angeles, et al.

2:15-CV-07775

United States District Court

October 4, 2015

Department of Children and Family Services

PROPOSED SETTLEMENT AMOUNT $ $150,000

ATTORNEY FOR PLAINTIFF

COUNTY COUNSEL ATTORNEY

NATURE OF CASE

PAID ATTORNEY FEES, TO DATE

PAI D COSTS, TO DATE

Donnie R. Cox, Esq.

Armita RadjabianDeputy County Counsel

Plaintiff Susan Spell, M.D., filed this action forunlawful seizure and violation of familial associationarising from the warrantless detention of her fourminor children.

$ $99,216

$ $13,265

HOA.101752037.1

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CASE SUMMARY

INFORMATION ON PROPOSED SETTLEMENT OF LITIGATION

CASE NAME

CASE NUMBER

COURT

DATE FILED

COUNTY DEPARTMENT

PROPOSED SETTLEMENT AMOUNT

ATTORNEY FOR PLAINTIFF

COUNTY COUNSEL ATTORNEY

NATURE OF CASE

Howard Bloomgarden v. County of Los Angeles, etal.

CV 11-9449-DDP (MRWx)

United States District Court

February 1, 2011

Sheriffs Department

$ 60, 000

Torrence E. S. LewisHoward W. Anderson, III, LLC

Lucia GonzalezDeputy County Counsel

This is a recommendation to settle for $60,000,inclusive of attorneys' fees and costs, a federal civilrights lawsuit brought by Howard Bloomgarden, whoclaims that Sheriffs Department employees violatedthe First Amendment and the Religious Land Useand Institutionalized Persons Act by confiscatingand destroying his religious items during cellsearches at the Twin Towers Correctional Facility inOctober 2010 and July 2011. He also claims that aCustody Assistant used excessive force against himduring spat-down search in September 2011.

The employees contend that their conduct wasreasonable under the circumstances.

Given the risks and uncertainties of litigation, areasonable settlement at this time will avoid furtherlitigation costs; therefore, a full and final settlementof the case in the amount of $60,000 isrecommended.

PAID ATTORNEY FEES, TO DATE

PAID COSTS, TO DATE

$ 189, 509

$ 3,077

HOA.102000195.2

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CASE SUMMARY

INFORMATION ON PROPOSED SETTLEMENT OF LITIGATION

CASE NAME

CASE NUMBER

COURT

DATE FILED

COUNTY DEPARTMENT.

PROPOSED SETTLEMENT AMOUNT

ATTORNEY FOR PLAINTIFF

COUNTY COUNSEL ATTORNEY

NATURE OF CASE

Juan Isaac Garza v. County of Los Angeles, et al.

BC553211

Los Angeles Superior Court

July 30, 2014

Sheriffs Department and Department of MentalHealth

$ 5, 900, 000

Hermez Moreno, Esq.Raymond Boucher, Esq.

Lucia GonzalezDeputy County Counsel

This.is a recommendation to settle for $5,900,000 anegligence lawsuit filed by Juan Isaac Garza a pre-trial detainee at Twin Towers Correctional Facilitywho claims that because Sheriffs Deputies andmedical staff failed to properly treat and monitor himduring his incarceration, he suffered a seizure and asignificant brain injury in May 2012.

Given the risks and uncertainties of litigation, areasonable settlement at this time will avoid furtherlitigation costs; therefore, a full and final settlementof the case in the amount of $5,900,000 isrecommended.

PAID ATTORNEY FEES, TO DATE

PAID COSTS, TO DATE

$ 484,188

$ 269, 588

HOA.101724181.2

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Garza, Juan v. Gountv of I,.os An ec2 lesGase Name'

t:ounty of Las Angeles

Summary Corrective Action Plan

Summary Corrective Action Plan

~.,~ .

The intent of this form is to assist departments in writing a corrective action plan summary for attachmentto the settlement documents developed for the Board of Supervisors and/or the County of Los AngelesClaims Board. The summary should be a specific overview of the claims/lawsuits' )dentified root causesand corrective- actions (status, time frame, and responsible party). This summary does not replace theCorrective Action Plan form. If there is a question related to confidentiality, please consultCounty Counsel.

Qate of incidentlevent: May 15, 2012

Briefly provide a description • A Mental Health Clinical Supervisor recommended .of the incident/event: moving Inmate Garza into a single man cell because

of his suicidal ideations, but the Supervisor did notsee any signs of medical emergency. He washandcuffed and walked on his own accord to ~=POD

• An inmate in the day roam told deputies that InmateGarza was standing on his desk in Mis ce(I, fallingbackwards and hitting his head. He repeated thisacttion 4-6 times.

• NOTE: it is unknown the exact time Inmate Garzaentered the cell, because there was no CCTV in2412.

• Within two hours inmate Garza was found "mandown" in his cell #rom seEf inflicted injures, andunresponsive.

'1. Briefly describe the root causes) of the claim/lawsuit:

The primary Department root cause in this incident involved the lack of an InmateSafety Check" relating to the deputies responsibility to calf for medical staff when andinmate is man down. In this case the deputy called for Mental Health staff only.

The secondary Department root cause in this incident involved the lack of CCTVcamera's to capture the incidents of Inmate ~arca harming himself and attempting.suicide on the stair railing.

~`• ~•~~J.

1'~;

Document version: 4.0 (January 2013) Page 1 of 3

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Garza, Juan v. County of Los An eq lesCase Name:

County of Los AngelesSummary Corrective Action Pian

2. Briefly describe recommended corrective actions:

1. Revision of the "Inmate Safety Checks" policy2. Installation of Security Closed Circuit Television (CCTV) Cameras

Camera Installation Completed on August 11, 2014

Number of Cameras Installed in total: 750Number of Cameras Operational and Recording: 750

ible person: Assistant Sheriff Kelly Harrington

Document version: 4.d (January 2013) Page 2 of 3

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Garza, Juan v. County of Los Angeles ~~Case Name:

County of Los AngelesSummary Corrective Action Plan

Nai't'lei (Risk Management E;bordinator):Comman ' r„Christy Guyoui

Signat ~• pate•

.~---Name: (~egarlh~~~,t Head "-, ` ~ uChief~~Ste~fi~n ~, J~htisQn~ ..~

Slgnatu ~ Date•

(~ ~ ~~

Chief Exe tive Office R M nagement Inspector General USE ONLY

Are the co ctiv~ actions a piic ble to other de~attments with(n the County?

D es, the corr~ctiv ac ions potentially have County-wide applicability.

No, the corrective ' ~ ohs are applicable only to this department.

~N~m~; .(Risk Manag&me~t ~t~spector General)CEO~'DestE~t~ Castro..

Signature: Date•2 'Zv l ~ -

l t

Document version: 4.0 (January 2013} Page 3 of 3

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.__._.._._LL..,~_._......._._,..~....m.~.... ~.. .~.~.,_..~~„µ.. ~ ...~....,w.......~.LL~ .._:.

Case Narne: Juan Isaac Garzai_ .__. __._>.e.._._~_..~~___ _ ~_ ...._.~.~ .._..w.__._..~~. ~_

Summary Corrective Action Plan

The intent of this form is to assist departments in writing a corrective action plan summary for attachment

to the settlement documents developed for the Board of Supervisors and/vr the County of Los Angeles

Claims Boatd. The summary should be a specifio overview of the claims/lawsuits' identified root causes

and corrective actions (status time frame, and responsible party). This summary does not replace the

Ca~reciive Aatian Plan forrn. If there is a question related to ~onfidentfality, please consult

County Counsel.

Cate of incidenVevent: May 15, 2012

Briefly provide a description Mr. Juan Isaac Garza, a 22 year-oid male at the time of this event,

of the incidenUevent: was incarcerated for attempted murder on May 9, 2012. in theReception Center on May 10, 2012, he answered negatively to the15-question screenE~g related to mental health issues. TheDepartment of Mental Health Information System showed one pastepisode of treatment in 2Q49 with a diagnosis of Schizophrenia, butwith no follow-up or medications.

On May 15, 2012. Ellen Wong, a Jail Mental Health (JMHy LicensedClinical Social Worker and Jail Mental Evaluation Team (JMET)supervisor, was asked to assess Mr. Garza while he was waiting to

be moved into a double-man cell on i62. According to Ms. Wong,she was told by an inmate that he had fallen but she sa(d that shedid not witness the fall. She also felt that his mental statusexamination was the same as the previous day and that he had naevidence of injury. Ms. Wong requested that Custody move Mr.Qarza back to the single-man housing area after this incident ino~de~ to secure his safety. Later that morning, he was found "mandawn" on the cell floor and unresponsive. A nursing note indicatedthat he appeared post-ictal with trauma and abrasions to his face,and had lest periorbit~l swelling. Mr. Garza was sent to the LosAngeles County Medical Csnter where he was found to have asubdurat hematoma re uirin a hemi-craniotom .

1. Bri~ily describe the raQt causes) of the claim/lawsuit:

A. At the time of the event, (here was no system, i.e., policy, procedure or training on when and ''~

how to interview an inmate who is lying on the floor, and how to determine the need fQr a ',

medical evaluation for such an individual.B. The JMhI ctinioian's documentation did not include detailed information regarding tha timeline

of events or the rationale for her decisions.

2. Bristly describe recommended corrective actions:(Include each oorrect(ve action, due data, responslb~e party, and any disciplinary actions tt appropriate)

A.1. On February 4, 2Q1~, the revised JMH Treatment Program Policy, 70.2.1, was signed ar+d '~

requires specific procedures to use for inmates who are lying on the floor when approached ',,

for evaluation, and when to refer such inmates far a medical evaluation.A.2. On April 16, 2016, an email notification re ardin the revisions was sent to all staff.

Document version: 4,0 (January 2d13~C~1+#I~lk3~NT1Al,

Page 1 of 2

Subject to Attorney-Client and Work Product privilege.

Unauthorized distribution prohibited.

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County of Los AngelesSummary Corrective Action Plan

Bi . On June 2Q, 20i 2, the empiayee's supervisor held a discussion with the employee regarding

documenting more detailed infarmatfon of the timeline of events in tt~e future.B2. On April 1 G, 201 fi, an e-mail notification was sent to all JMH staff regarding justifying a

decision for the transfer of an inmate.B3. On May 9, 2016, the development of a guideline for enhanced documentation was

presented to the Quality hAanagement Commikiee for impieme~tatic~n.

64. JMH, now Correctional Health Services as of July 1, 2016, has engaged in the revision and

consolidation of the Medical and Mental Mealth Policy and Procedure manuals into a single

sot of Policies and Procedures. One of the initial policies, M211.Q1, addresses the

timeliness of documentation. AI! documentation will now need to be completed by the end

of that work shift.

3. Are the corrective actions addressing department-wide system issues?

~ Yes —The corrective actions address department-wide system issues.

~~ No —Thy corrective actions are only appiicab{~ to the aiiected parties.

Name: (Risk Management Coordina~or~Margo Morales

Sig

~.~5 L,..~.:._.~.T._.,~r.__._..__._ ,.~..~_.~......:,

i Name: (gepartment H d)

Jonathan Sherin, M. ., h.D.

Signature; W.~,,,,,~.... r _ .._.._..__.~.

bate: __...._~_.r_..~.,..W...W.....

- ~ r 31x7._.~........ M...._. w.~..~ ~~.~::._.r.. _ _--

Chief~Exeautive Office Risk Management Inspector General U3E ONLY ~~~+~_

RAre tt~e corrective actions applicable to other departments within tha County?

D Yes, the corrective actions potentially have Cou~iy-wide applicability.

Na, the corrective actions are applicable only to this dapartment.

(Risk Management fnspactar Ganeralj

5 ure:

.~

Date:

Date:

~ l Z~id

Document version: 4,b gJanuary 2013)CONFIDENTIAL `~

Subject to Attorney-Clwent and Work, ~+roduck Privilr~g~.

Unae~thoriz~d distribution prohibited.

Page 2 of 2

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CASE SUMMARY

INFORMATION ON PROPOSED SETTLEMENT OF LITIGATION

CASE NAME Non-Litigated Claims of Robert L. Ritchie andDeanna Ritchie

CASE NUMBER N/A

• : 1

DATE FILED

COUNTY DEPARTMENT

PROPOSED SETTLEMENT AMOUNT

ATTORNEY FOR PLAINTIFF

COUNTY COUNSEL ATTORNEY

NATURE OF CASE

PAtD ATTORNEY FEES, TO DATE

PAID COSTS, TO DATE

N/A

November 29, 2016

Department of Public Works

$ $29,257.91(sum includes payment already made of$14,621.67)

N/A

Lillian RussellDeputy County Counsel

This claim arises from a blocked sewer mainline thatcaused a sewage backflow into Claimants'residence and damaged their real and personalproperty. Due to the risks and uncertainties oflitigation, a full settlement of the claim is warranted.

$ 0

$ 14,621

HOA.101822975.1

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CASE SUMMARY

INFORMATION ON PROPOSED SETTLEMENT OF LITIGATION

CASE NAME

CASE NUMBER

COURT

DATE FILED

COUNTY DEPARTMENT

Erin Hughes v. County of Los Angeles, et al.

BC549059

Los Angeles Superior Court

June 17, 2014

Department of Public Works

PROPOSED SETTLEMENT AMOUNT $ 99,999.99

ATTORNEY FOR PLAINTIFF

COUNTY COUNSEL ATTORNEY

NATURE OF CASE

PAID ATTORNEY FEES, TO DATE

PAID COSTS, TO DATE

Barry S. Zelner

Richard K. KudoPrincipal Deputy County Counsel

This lawsuit arises out of an incident onNovember 21, 2013, when a County owned andmaintained tree allegedly fell on plaintiffErin Hughes' vehicle while she was driving onPiuma Road in Malibu. Ms. Hughes. claims to havesuffered injuries and damages as a result of theaccident. Due to the risks and uncertainties oflitigation, a full and final settlement of the case iswarranted.

$ $140,452

$ $28,100

HOA.102062918.1

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CASE SUMMARY

INFORMATION ON PROPOSED SETTLEMENT OF LITIGATION

CASE NAME

CASE NUMBER

COURT

DATE FILED

COUNTY DEPARTMENT

PROPOSED SETTLEMENT AMOUNT

ATTORNEY FOR PLAINTIFF

COUNTY COUNSEL ATTORNEY

NATURE OF CASE

PAID ATTORNEY FEES, TO DATE

PAID COST"S, TO DATE

Javier Coria Gonzalez, et al. v. Juan G. Alonso, etal.

BC590459

Los Angeles Superior Court

August 5, 2015

Department of Public Works

$ 70, 000

Kamyar R. Shayan

Richard K. KudoPrincipal Deputy County Counsel

This case involves a vehicle collision that occurredon February 21, 2014, when the Toyota Prius drivenby a Los Angeles County Department of Public

Works employee collided with the Lincoln Navigator

sport utility vehicle driven by plaintiffJavier Gonzalez on westbound Beverly Boulevard,just east of Acacia Avenue, in the City ofPico Rivera. Plaintiffs Berenice Banuelos andFernanda Coria were also in the vehicle withMr. Gonzalez. Each of the plaintiffs claims to have

suffered injuries and damages from the accident.Due to the risks and uncertainties of litigation, a full

and final settlement of the case is warranted.

$ 11,935

$ 11,709

HOA.102045432.1

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CASE SUMMARY

INFORMATION ON PROPOSED SETTLEMENT OF LITIGATION

CASE NAME

CASE NUMBER

COURT

DATE FILED

COUNTY DEPARTMENT

PROPOSED SETTLEMENT AMOUNT

ATTORNEY FOR PLAINTIFF

COUNTY COUNSEL ATTORNEY

NATURE OF CASE

Old Republic General Insurance Corporation v.County of Los Angeles, et al.

BC582690

Los Angeles Superior Court

May 21, 2015

Department of Health Services

$ 87,391.41

Matthew SoleimanpourMatthews Law Group

Richard K. KudoPrincipal Deputy County Counsel

Old Republic General Insurance Corporation("Old Republic") intervened in a lawsuit involving apedestrian versus forklift accident between plaintiffJames Cobb and an on duty Department of HealthServices County employee. Mr. Cobb claimsinjuries as a result of the accident and obtainedworkers' compensation benefits for the medicalexpenses he incurred and the loss of earnings heclaims to have sustained. Old Republic paid thosebenefits and seeks reimbursement of the amountspaid.

Due to the risks and uncertainties of litigation, a fulland final settlement of the case is warranted.

PAID ATTORNEY FEES, TO DATE

PAI D COSTS, TO DATE

$ 183,053

$ 53, 505

HOA.102041714.1

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CASE SUMMARY

INFORMATION ON PROPOSED SETTLEMENT OF LITIGATION

CASE NAME

CASE NUMBER

COURT

DATE FILED

COUNTY DEPARTMENT

PROPOSED SETTLEMENT AMOUNT

ATTORNEY FOR PLAINTIFF

COUNTY COUNSEL ATTORNEY

NATURE OF CASE

Michael Young v. County of Los Angeles, et al.

VC 065892

Los Angeles County Superior Court

October 27, 2016

Department of Health Services

$ 299,950

Jody C. MooreLaw Offices of Johnson and Moore

Narbeh BagdasarianPrincipal Deputy County Counsel

On November 3, 2015, Michael Young, a 46-year-old male, was transferred to Rancho Los AmigosNational Rehabilitation Center ("Rancho") toundergo rehabilitation. He remained at Rancho untilJune 16, 2016 when he was transferred to anotherfacility. During his stay at Rancho, Mr. Young'spressure ulcer which existed before his admission toRancho became aggravated. Mr. Young's skincondition was eventually treated at Rancho.

Mr. Young filed a lawsuit against the County of LosAngeles alleging that the Rancho providers did notprovide proper care to quickly treat his pressuresore.

PAID ATTORNEY FEES, TO DATE

PAID COSTS, TO DATE

$ 78,915

$ 23,834

HOA.102018445.1

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Case Name: Juan Carlos; Yan Kay, et al. v. COLA, et al.(BG574156; BC596221; 15KQ8759)

Sumrr~ary Corrective Action Pf~n

The intent of this form is to assist departments in writing a corrective action pion summary for attachmentto the settlement documents developed for the Board of Supervisors and/or the Gaunty of Los AngelesClaims Board. The summary should be a specific overview of the claims/lawsuits' identified root causesand corrective actions (status, time frame, and responsible party). This summary does not replace theCorrective Action Plan form. If there is a question related to confidentiality, please consultCounty Counsel.

Qate of incident/event:(Vovember 27, 2014

Briefly provide a description On Novembor 27, 2014, a Fire Fighter Specialist (FFS) was responding

of the incident/event: to an emergency call on an engine with lights and siren activated. TheFFS was traveling northbound on Norwalk Boulevard. The AutomatedVehicle Locator (AVL) Unit History Report for the engine indicated that itwas traveling between 35 and 50 mph.

The FFS said he reduced his speed to approximately 20 to 25 mph ashe entered the fnfersection of Excelsior Drive, Plaintiff's vehicle wastraveling eastbound on Excelsior Drive at approximately 40 to 50 mph.The FFS struck Plaintiff's vehicle in the rear passenger side at theintersection of Excelsior Drive. The collision caused Plaintiff's vehicle tospin out, and collide with Plaintiff Two's vehicle and a third vehicle.Plaintiff and Plaintiff Two were trans orted to the hos ital.

Briefly describe the root causes) of the claimllawsuit:

The FFS failed to operate his vehicle in a safe manner and he failed to ensure the intersectiAn wasclear before entering and traveling through the intersection.

2. Briefly describe recommended corrective actions:(Inctudo each corrective ectfon, due elate, responsible party, and any disciplinary actions if appropriate)

1. The Department will establish driver screening standards of review for employees allowed todrive for Departmental business. As part of this screening, the Department will review currentDepartment of Mo#or Vehicles (DMV) driving records and also work with the Risk ManagementDivision (RMD) to track collision incidents. The Administrative Services Bureau will beresponsible and the Department anticipates that this will be completed by September 1, 201 B.

2. 'i'he Department will ensure all Department personnel complete the County defensive drivertraining course. The Qepartment will also develop targeted drivers training programs tailoredto vehicle types. The Leadership and Prafessiona( Standards Bureau will be responsible andthe Department anticipates that this will be completed by August 1, 201 B.

3. The Department will ensure that the Emergency Driving Policy will be reviewed and revised byApril 1, 2018. Thy Leadership and Professional Standards E3ureau will be responsible.

rtment will ensure that the FFS involved in this collision has enrolled in, and

Dgpumer~t version: 4.0 (January 2013} Page 1 of 3

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County of Los AngelesSummary CorrQctive Action Plan

completed, the Department's driver enrichment training and the County's online defensivedriver training by February 1, 2018. The Central Regional Operations Bureau will beresponsible.

5. RMp has begun to collataorate with the information Management Division ({MD) to create anIncident Tracking Program (ITP) for the Department. This ITP will track all incidents, repairs toany vehicles and associated costs, and claims and litigation information if any, TheDepartment has preliminarily determined a threshold point (time range and number ofincidents) so that if an employee reaches three (3) incidents within an 18-month period, the ITPwill send an alert to RMD indicating that the employee has met the threshold. This willimmediately notify the Department of a potential issue for investigation, which will also assist inaddressing FBOR deadline issues. Along with the threshold point, the Department is alsodetermining a point system to attribute to certain types of collision factors i.e., speed,compliance with the Vehicle Code, etc.).

6. Qepartment has begun to create and implement art internal process wherein collisions meetingcertain criteria (fatality, driving history, etc.) will necessitate an immediate response from RMQand the responsible chain of command. The response may range from immediatelyremoving/suspending driving privileges, to immediate enrollment and completion of drivertraining.

3. Are the corrective actions addressing department-wide system issues?

D Yes —The car~eative actions address department-wide system issues.

O No —The corrective actions are only applicable to the affected parties.

Document version: 4.0 (January 2013) Page 2 of 3

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County of i~os Angalessummary corrective Actinrt Ilan

Lnrec=~xecut~ve. t~rrice~ t~~strm~nagement Rnspe~c~ar ~enararua~ unu~r

Aro the carrectiva ~ctlons a ltcabl~ t~ other d~p.~rtmsnts;withi ' '...

pA tt~the Cou~n~y?

Yes the adrrsct~ve actians~ potentially have Cauriry wide"applicability.

D tVo.the corKect~ve,~actions~ar~`~~piicabla;onlj~ tp this depattment:

(Risk Management Inspoetor ~enerel}

~" S"~i ~ ~G~..`J

Sf a: —_,,i ~ pate:

Daac~ment versir~n. 4A (Janut~ry 2013} Pala 3 ~~f 3

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COUNTY OF LOS ANGELES CLAIMS BOARD

MINUTES OF SPECIAL MEETING

January 8, 2018

1. Call to Order.

This meeting of the County of Los Angeles Claims Board was called to order at9:28 a.m. The meeting was held in the Executive Conference Room, 648 Kenneth HahnHall of Administration, Los Angeles, California.

Claims Board Members present at the meeting were: Chair Steve Robles, Arlene Barreraand Roger Granbo.

Other persons in attendance at the meeting were: Office of the County Counsel: JonathanMcCaverty, Edwin Lewis, and Richard Kudo; Sheriffs Department: April Tardy, Curtis Jensen,Matt Burson, Steven Katz, Kevin Pearcy, and Dominic Dannan; Fire Department: Julia Bennett.

2. Opportunity for members of the public to address the Claims Board on items ofinterest within the subject matter jurisdiction of the Claims Board.

No members of the public addressed the Claims Board.

3. Closed Session —Conference with Legal Counsel —Existing Litigation(Subdivision (a) of Government Code section 54956.9)

At 9:30 a.m., the Chairperson adjourned the meeting into Closed Session to discuss theitems listed as 4(a) through 4(d) below.

4. Report of actions taken in Closed Session.

At 10:07 a.m., the Claims Board reconvened in open session and reported the actionstaken in Closed Session as follows:

a. Nowell Fobi v. County of Los Angeles, et al.United States District Court Case No. CV 16-09263

This lawsuit concerns allegations of civil rights violations involvinga non-fatal Deputy-involved shooting of Plaintiff as he fled during atraffic stop.

Action Taken:

The Claims Board recommended to the Board of Supervisors thesettlement of this matter in the amount of $350,000.

Vote: Ayes: 3 —Steve Robles, Arlene Barrera, and Roger Granbo

HOA.102083952.1

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b. Frank Acosta v. County of Los Angeles, et al.United States District Court Case No. 15-CV-09857

This lawsuit concerns allegations of civil rights violations andexcessive force when Plaintiff was shot while he was a passengerin a vehicle that was fleeing from Sheriffs Deputies.

Action Taken:

The Claims Board recommended to the Board of Supervisors thesettlement of this matter in the amount of $200,000.

Vote: Ayes: 3 —Steve Robles, Arlene Barrera, and Roger Granbo

c. Isaac Solorio, et al. v. County of Los Angeles, et al.Los Angeles Superior Court Case No. BC 612 416

This lawsuit arises from injuries sustained in a vehicle accidentinvolving a Fire Department patrol truck.

Action Taken:

The Claims Board approved the settlement of this matter in theamount of $55,000.

Vote: Ayes: 3 —Steve Robles, Arlene Barrera, and Roger Granbo

d. Jasmine Stoval v. County of Los Angeles, et al.Los Angeles Superior Court Case No. BC 623 241

This lawsuit arises from injuries sustained in a vehicle accidentinvolving a Fire Department tow truck.

Action Taken:

The Claims Board approved the settlement of this matter in theamount of $25,000.

Vote: Ayes: 3 —Steve Robles, Arlene Barrera, and Roger Granbo

5. Approval of the minutes of the December 18, 2017, regular meeting of the ClaimsBoard.

Action Taken:

The Claims Board approved the minutes.

Vote: Ayes: 3 —Steve Robles, Arlene Barrera, and Roger Granbo

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6. Items not on the posted agenda, to be referred to staff or placed on the agenda for

action at a further meeting of the Board, or matters requiring immediate action

because of emergency situation or where the need to take immediate action came

to the attention of the Board subsequent to the posting of the agenda.

No such matters were discussed.

7. Adjournment.

The meeting was adjourned at 10:08 a.m.

COUNTY OF LOS ANGELES CLAIMS BOARD

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HOA.102083952.1 3