county of los angelesfile.lacounty.gov/sdsinter/ceo/claimsboards/210080... · jonathan mccaverty...

HOA.1047249.1

C O U N T Y O F L O S A N G E L E S C L A I M S B O A R D

5 0 0 W E S T T E M P L E S T R E E T

L O S A N G E L E S , C A L I F O R N I A 9 0 0 1 2 - 2 7 1 3

MEMBERS OF THE BOARD

John Naimo Auditor-Controller

Steve Robles Chief Executive Office

Patrick A. Wu Office of the County Counsel

NOTICE OF MEETING

The County of Los Angeles Claims Board will hold its regular meeting on Monday, March 3, 2014, at 9:30 a.m., in the Executive Conference Room, 648 Kenneth Hahn Hall of Administration, Los Angeles, California.

AGENDA

1. 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. Rita Najar v. County of Los Angeles, et al.

Los Angeles Superior Court Case No. BC 491 605 This lawsuit concerns allegations of sexual assault by an employee of the Department of Public Social Services; settlement is recommended in the amount of $70,000. See Supporting Document

b. Augusta Millender, et al. v. County of Los Angeles, et al. United States District Court Case No. CV 05-2298

This lawsuit alleges civil rights violations arising out of the execution of a search warrant conducted by Sheriff's Deputies; settlement is recommended in the amount of $500,000. See Supporting Documents

HOA.1047249.1

c. Hesham Sultan v. County of Los Angeles, et al. Los Angeles Superior Court Case No. BC 478 066 This lawsuit alleges assault, battery, and negligence by an off-duty Sheriff's Deputy; settlement is recommended in the amount of $975,000. See Supporting Documents

d. Cynthia Y. Torres, et al. v. County of Los Angeles Los Angeles Superior Court Case No. BC 469 841

This medical malpractice lawsuit alleges that the care provided by staff at LAC+USC Medical Center was negligent and contributed to injuries to a mother and her newborn; settlement is recommended in the amount of $1,500,000, plus assumption of the Medi-Cal lien in the estimated amount of $36,000. See Supporting Documents

e. Kalhor, Dudar, and Itani v. County of Los Angeles, et al. Los Angeles Superior Court Case No. BC 479 679 This lawsuit concerns allegations that three employees of the Department of Public Works were subjected to discrimination and retaliation; settlement is recommended in the amount of $300,000.

f. Claudia Flores, et al. v. County of Los Angeles, et al. Los Angeles County Superior Court Case No. BC 485 317 This lawsuit arises from injuries sustained in a vehicle accident involving an employee of the Fire Department; correct clerical error in settlement amount from $53,000 to $53,500. See Supporting Documents

4. Report of actions taken in Closed Session. 5. Approval of the minutes of the February 3, 2014, meeting of the

Claims Board. See Supporting Document

HOA.1047249.1

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.

CASE SUMMARY

INFORMATION ON PROPOSED SETTLEMENT OF LITIGATION

CASE NAME Rita Najar v. County of LosAngeles, et al.

CASE NUMBER BC491605

COURT

DATE FILED

COUNTY DEPARTMENT

PROPOSED SETTLEMENT AMOUNT

ATTORNEY FOR PLAINTIFF

COUNTY COUNSEL ATTORNEY

NATURE OF CASE

PAID ATTORNEY FEES, TO DATE

PAID COSTS, TO DATE

HOA.1035567.1

Los Angeles Superior Court

September 5, 2012

Department of Public SocialServices

$ 70,000

Peter J. McNultyMcNulty Law Firm

Takin KhorramDeputy County CounselSocial Services Division

Gregory Houle &Richard HouleHoule &Houle

Plaintiff was sexually assaulted bya DPSS employee, during ascheduled appointment with GAINeligibility worker.

$ 23,018

$ 566

CASE SUMMARY

INFORMATION ON PROPOSED .SETTLEMENT OF LITIGATION

CASE NAME

CASE NUMBER

COURT

~~ ~

COUNTY DEPARTMENT




NATURE OF CASE

HOA.1022890. I

Augusta Millender, et al. v. Countyof Los Angeles, et al.

Case No.: CV05-2298

United States District Court

Complaint filed: March 28, 2005

Sheriff's Department

$ 500,000

Donald Cook

Mann &Cook

Jonathan McCaverty

This is a reccomendation to settlefor $500,000, the lawsuit filed byAugusta Millender, BrendaMillender and William Johnsonagainst the County of Los Angelesand eight Sheriff s Deputiesalleging civil rights violationsarising out of the execution of asearch warrant at the Millenderresidence.

Although Sheriff's Deputiesobtained a judicial search warrantprior to entering the Millenderresidence, in light of the. potentialfor high exposure and the'uncertainties of litigation, a full andfinal settlement of the case in theamount of $500,000 isrecommended.

PAID ATTORNEY FEES, TO DATE $ 640,142

PAID COSTS, TO DATE ~ ~~~~~~~

HOA.1022890.1

Case Name: Aus~usta Mtllender v. County of dos Angeles, et al. ~~^

';~ Summary Correctives 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 andlor the County of Los Angeles

Claims Board. The summary should be a specific overview of the claims7lawsuits' identified roat causes

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

Corrective Action Plan foam. !f there is a question related to canfidentiality, please oonsult

County Counsel.

Date~of incidenUevent: Thursday, November 8, 2003, approximately 5:50 a.m.

Briefly provide a descriptionof the incident/event: ~~ fti rider v C a Loy ~t~~

_Summery Corrective. A~tivn Pion Na.. 2Q13=034,1

On Thursday, November 6, 2C1g3, at ~ppro~tmat~ly 5:50 a.m., members

of the Los Angelea. County SherifP~: Clepartm~ht's: Special Enforcement

Bureau executed a .search °warrant anr! ~n arreaf warrt~ht at the plaintiffs

residence. The location named in the search warrant was believed to be

the residence of a g~rrg, m.~mt~er wan#~d ~foc the attempted iiturder of his

girlfriend. The suspect we$ -named. ire an arrest w~r~~t ~ncl believed to

be armed with a savir~d~caff aFtotgun: The search ~warr~nti i~it~r►iend~d

members of the Los Angeles County Sheriff's Department to seize all

firearms, relevant documents showing the purchase or possession of

firearms, and any evidence of gang membership.

Members of the Los Angeles County Sheriff s Department detained the

occupants of the residence while the location was searched. Following

the execution of the search warrant, the occupants were released.

While the suspect named in the arrest warrant was not present at the

location, items with evidentiary value were found, including a shotgun

and documentation confirming the suspect resided at the plaintiffs

residence.

1. Briefly describe the root causefsl of the claimilawsuit:

The root cause in this incident is a court decision ruling that the search warrant reviewed by a Deputy

District Attorney and signed by a magistrate was overbroad and should not have authorized the seiaure

of any weapons other than the weapon used in the original crime.

This seetion intentionatiy left blank.

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

County of Los AngelesSummary Carrective Action Plan

c. Bri~~iy ~~se~be rera~~r~~r~~d correctEve actions:(Include each correot{ve acfton, due date, responsible party, and

any disciplinary actions (f appropriate)

The Los Angeles County Sheriffs Department had relevant policies and procedures/protoeo(s in effect

at the time of the incident t

The Los Angeles County Sher~ft's Departments training curriculum addresses the circumstances which

occurred in the incident.

No employee misconduct is suspected or alleged, and no systemic issues were identified.

Consequently, no empEoyee-related administrative action was taken.

On October 28, 2010, the Los Angeles County Sheriff's Departments Field Operations Support

Services {FOSS) unit published newsletter 10-09, Overbroad Search Warrants, to address the

circumstances which occurred in this incident. The newsletter was distributed to all Department

personnel. !t is attached to this corrective action plan.

The newsletter was republished on February 5, 20'14.

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

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

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

Los Angeles County Sheriff s Department

Name: (Risk Management Coorclinator)

Joanne Sharp, CaptainRisk Management Bureau

~tgna. Date:

NBm~: (Department Head)

Roberta A. Abner, Chief"Internallnvestt' on Division

Sigt~a~ure; , Date:


Cownty of Las Angelessummary Corrective Action Pfan

__Document version: 4.0 (January 2013}

Page 3 of 3

CASE SUMMARY


CASE NAME Hesham Sultan vs. County of LosF~ngeies, et. ~i.

CASE NUMBER BC 478066

COURT

DATE FILED

COUNTY DEPARTMENT



.NATURE OF CASE


PAID COSTS, TO DATE

HOA.1015660.1

Los Angeles Superior Court

January 31, 2012

Sheriff's Department

$ 975,000

David Wood, Esq.

Millicent L. Rolon

Plaintiff Hesham Sultan allegesthat he was unlawfully shot by aSheriff's Deputy and sufferedserious injuries as a result.

The Deputy contends that he wasin fear for his life when he fired theshots at Mr. Sultan.

Due to the risks and uncertaintiesof the litigation, a reasonablesettlement at this time will avoidfurther litigation costs. Therefore,a full and final settlement of thecase in the amount of $975,000. isrecommended.

$ 197,045

$ .38,693

Casa Name: Nesham Sultan v. Count~of Los An~elea. et al.

Summary Corrective Ac~~on Plan.

The intent of this form ~s t~ as~i~t c~~~t~~ i~t uir~ttfrt~~~ ,rre~#iV~~,ction plan summary for attachment

to the setaement docutraet~ts ~d~v~in ec! ~t~lr tla~ ~I~d t~'~ F~~ervis~rs and/or the County of !os Angeles

C(aims Board. The su~Cna~jr sh~tli ,j,~ ~, ~a~t~~rieW v~ iYt~ ~l imsHawsuits' identifies! root causes

and aprrective actions~~~,~;tit~a:-.ftrt~~~ ~in~ ~~pansible party). This summary does not ~spl~ce the

Corrective Action Plan form. if there is a question related to confidentiallty, please consult

County CQUnsei.

Date of incidenUeven~ Wednesday, .tune 22, 2011; approximately 4:30 a.m.

....~ _._Briefly provide adescription -of the incident/even~ ~ ~ ~ ~• .~ , ,,, Ca ,~ s , ' ete~~ et ~i .

umt~~' . ~~'~cau~:l~c~a~;:~?1an N~:2E~~3-o.~.

i On Wednesday, June 22, 2011, at approximately 4:30 a.m., an off-duty

' las Angeles County deputy sheriff, assigned to the Los Angeles County

,Sheriff's Departments Communication and Fleet Management Bureau,

`':was driving his persona{'vehicie south 4n the Golden Sta#e (5) Freeway

;;near the Ventura (134) Freeway.

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driving erratically.

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1. Briefly describe the root.cause(s1 of the claim/lawsuit:

The root cause in this incident was the deployment of deadly force by a member of file l.os Angeles

County Sheriffs DepartmenC.

7hls section intentionally left blank.

County of Los AngelesSummary Corrective Act9on Plan

2. Briefly describe recommended corrective actions:(include each correativa action, due date, responsible party, and arty; disciplinary a

ct(ons iP appropriate)

_..,

The ~os~Angeles County Sheriff s Department had relevant policies and pcoceduresJprotoeo(s in effect

at the time of the Incident.

The Los Angeles ~Gounty Sheriff s Department's training curricalum addresses the circumstances which

occureed In the incident.

This incident-was thoroughly investigated by representatives from the Los Angeles County Sheriffs.

Department's Homicide Bureau. The results of their investigation were presented to representatives

from the Los Angeles County District Attorney's office. On December 5, 2013, the Los Angeles

County Diskrict Attamey's Office closed their flie and took no action.

The inGdent is now being investigated by representatives from the Los Angeles Cou~rty Sheriff s

Department's Internal Affairs Bureau. Since the investigation is still active, the results. are nat yet

i :known.

`fin or before September 30, 2014, this corrective action plan wip be supplemented with a report #o,

include 1) the results of the administrative investigation; 2) any administrative action taken or discipline

imposed; and, 3) any other corrective action measures identified andlor taken..

3. Are the corrective actions. addressing department~+vide system Essues?

❑ Yes —The corrective actions address department wide system issuas.

~ No -The corrective actions are only appticabie to the affected pa~ies,

Los Angeles County Sheriff s Qepartment

N8Cti8: (Department Headj

Roberta A. Abner, Chieftnterna{ investigations Division

_. _.

;, Signature: ;;,~~ _ 'Date:

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

County of Los AngelesSummary Corrective Action Plan

_--

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

CASE SUMMARY


CASE NAME

CASE NUMBER

DATE FILED

COUNTY DEPARTMENT




►: ._

HOA.1031344.1

Cynthia Y. Torres, et al. v. Countyof Los Angeles, et ai.

C ~••:~

Los Angeles Superior Court -Central District

September 19, 2011

Department of Health Services

$1,500,000, plus assumption ofthe Medi-Cal lien in the estimatedamount of $36,000

Levik YarianYarian & Patatanyan, LLP

Narbeh Bagdasarian

On September 29, 2010, CynthiaTorres, a pregnant female,presented to LAC+USC MedicalCenter with severe infection in hergastrointestinal system. OnSeptember 30,.2010, as themedical staff were managingMs. Torres' infection andmonitoring her fetus, her conditiondeteriorated, and as such, she hadto undergo an emergencycesarean section. Ms. Torresgave birth to her son, N.M., whosuffered a stroke during the birthprocess.

Both Cynthia Torres and N.M. filedan action for medical malpracticeagainst the County of Los Angelescontending that the care providedby LAC+USC staff was negligentand contributed to injuries to Ms.Torres and N.M.'s stroke.

PAID ATTORNEY FEES, TO DATE $145,324

PAID COSTS, TO DATE

HOA.1031344.1

$60,407

Case Name: Torres,Cynthia & N.M #3609

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' 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.

Date of incidenbevent:September 30, 2010

Briefly provide a descriptionof the incident/event: On September 29, 2010, Cynthia Torres, a pregnant female, presented

to LAC+USC Medical Center with severe infection in her gastrointestinalsystem. On September 30, 2010, as the medical staff were managingMs. Torres' infection and monitoring her fetus, her conditiondeteriorated, and as such, she had to undergo an emergency cesareansection. Ms. Torres gave birth to her son, N.M, who suffered a strokeduring the birth process.

Both Cynthia Torres and N.M filed an action for medical malpracticeagainst the County of Los Angeles contending that the care provided. byLAC+USC staff-was negligent and contributed to injuries to Ms. Torresand N.M's stroke.

Briefly describe the root causes) of the claim/lawsuit:

Fetal neurological injury resulting from infection.

2. Briefly describe recommended corrective actions:(Include each corrective action, due date, responsible party, and any disciplinary actions if appropriate)

• Anew protocol for contacting, rescheduling, and documenting patients who miss their high riskobstetrical appointments was implemented by the facility.

• All other DHS high risk OB departments were determined to have a comparable process inplace.

• Education was held with providers regarding communication between residents, fellows, andfaculty in obstetrical areas.

• A DHS-wide program for the identification and management of sepsis was initiated.• Additional physicians were obtained for the performance of complex gastrointestinal

procedures.• A DHS-wide policy was developed for the determination of fetal viability and the expectations

for monitoring a fetus during procedures.


z-

County of Los AngatesSummary Corrective Actfc~n Plan

3. Are the corcecfive actlans addressing depaKment w9de system issues?

~ Yes —The corrective actions address departm~rtt wide system Issues•

_ ❑ No —The corrective a~tfans are only appEicabie to the affected parties.

NaTft~; (ftfsk ManagemenE Coordinator)

Signature:

Name' l Padment Bead}

SEgnature: . ; .,, .,~ II ..~ 1.-'C"_:.

Date:

pate:

1 2j

Document v$rsion: 4.f~ {January 2013)Aage 2 of 2

CASE SUMMARY


CASE NAME Claudia Flores, et al. v. County ofLos Angeles, et al.

CASE NUMBER BC 485317

COURT

~~ ~

COUNTY DEPARTMENT



COUNTY COUNSEL. ATTORNEY

NATURE OF CASE


PAID COSTS, TO DATE

HOA.1047796.1

Los Angeles County SuperiorCourt

May 25, 2012

Fire

$ 53,500

B. Gene Pierce, Jr.

Richard K. KudoSenior Deputy County Counsel

This lawsuit arises from a vehiclecollision that occurred on July 8,2011, at the intersection of NorthEastern Avenue and Hauck Streetin Los Angeles when a vehicledriven by Claudia Flores collidedwith a vehicle driven by Daryl L.Osby. Ms. Flores and her twominor children, who were also inher vehicle, claim to havesustained injuries as a result of the.accident. Due to the risks anduncertainties of litigation, a full andfinal settlement of the case iswarranted.

$ 37,393

$ 24,082

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Summary Corrective Action Pian

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

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

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

,. . _... . a.. .~ _. ......

Name: (Risk Management Co'oMinator)

Michael Kranther

Signature: Date:

_ _. _:. ..._: __...:. . -. _ _._ .... --M - --- _ ._ ... __ ~- _

~ N~i'Tie: (C~apa'rtment Neadj --- -- -

Daryl [.. Osby~ Fire Chef . .

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COUNTY OF LOS ANGELES CLAIMS BOARD

MINUTES OF REGULAR MEETING

February 3, 2014

1. Cail to Order.

This meeting of the County of. Los Angeles Claims Board was called toorder at 9:38 a.m. The meeting was held in the Executive Conference Roam,648 Kenneth Hahn Hall of Administration, Los Angeles, California.

Claims Board Members present at the meeting were: John Naimo,Steve Robles, and Patrick Wu.

Other persons in attendance at the meeting were: Office of the CountyCounsel: Camille Townsend, Joyce Aiello, Takin Khorram, Millicent Rolon, RichardKudo, Ruben Baeza, Jr., and Debbie Carlos; Probation Department: Danny Acevesand Tracy Jordan Johnson; Department of Children and Family Services: MichelleVictor and Anna Holzner; Fire Department: Anthony Marrone and Michael Kranther;Department of Health Services: Ed Soto; and Outside Counsel: Christie Swiss.

2. Opportunity for members of the public to address the Claims Boardon items of infierest within the subject matter jurisdiction of theClaims Board.

No members of the public addressed the Claims Board.

3. Closed Session — Conference with Legal Counsel — ExistingLitigation (Subdivision (a) of Government Code Section 54956.9).

At 9:40 a.m., the Chairperson adjourned the meeting into Closed Sessionto discuss the items listed as 4(a) through 4(e) below.

4. Report of actions taken in Closed Session.

At 11:00 a.m., the Claims Board reconvened in open session and reportedthe actions taken in Closed Session as follows:

a. Jonathan H. v. County of Los Angeles, et al.United States District Court Case No. CV 0907359Los Angeles Superior Court Case No. KC 055 247

These lawsuits concern allegations of improper supervision of aminor in the custody of the Probation Department causing personalinjury fio the minor.

Action Taken:

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

Vote: Ayes: 3 -John Naimo, Steve Robles, and Patrick Wu

HOA.1047268.1

b. Claim of DeWitt RobertsEEOC Charge No. 480-2013-00944

This claim concerns allegations that a former employee of theProbation Department was subjected to age and racediscrimination.

Action Taken:

The Claims Board approved settlement of this matter in the amountof $56,955.85.

Vote: Ayes: 2 Steve Robles and Patrick WuJohn Naimo recused himself from this item.

c. Charlie M., et al. v. County of Los AngelesLos Angeles Superior Court Case No. TC 021 812

This lawsuit concerns allegations of abuse of minors while in fostercare under the supervision of the Department of Children andFamily Services.

Action Taken:

The Claims Board recommended to the Board of Supervisors thesettlement of this matter in the amount of $375,000.


d. Claudia Flores, et al. v. County of Los Angeles, et al.Los Angeles County Superior Court Case No. BC 485 317

This lawsuit arises from injuries sustained in a vehicle accidentinvolving an employee of the Fire Department.

Action Taken:

The Claims Board approved settlement of this matter in the amountof $53,000.


HQA. 7 047268.1 2

e. Anthony Perez, et al. v. Cassandra Daphne Lo, et al.Orange County Superior Court Case No. 30-2012 00591164

This lawsuit arises from injuries sustained in a vehicle accidentinvolving an employee of the Department of Health Service.

Action Taken:

The Claims Board recommended to the Board of Supervisors the

settlement of this matter in the amount of $4,000,000.


5. Approval of the minutes of the January 6, 2014, meeting of theClaims Board.

Action Taken:

The Claims Board approved the minutes.


6. Items not on the posted agenda, to be referred to staff or placed onthe agenda for action at a further meeting of the Board, or mattersrequiring 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..

?. Adjournment.

The meeting was adjourned at 91:05 a.m.

COUNTY OF LOS ANGELES CLAIMS BOARD

Ca of J. Slosson

NOA.1047268.1 3