City Council Memorandum
TO: HONORABLE MAYOR AND CITY COUNCIL DATE: OCTOBER 18, 2022 FROM: CITY ATTORNEY’S OFFICE WARDS: ALL
SUBJECT: REQUEST TO APPROVE expenditure of $119,575 to retain OUTSIDE COUNSEL WILLIAM PRICE ISSUE:
Requesting approval of a $119,575 budget for the City Attorney’s Office to retain William Price to serve as associated counsel to handle the case of Susan E. Granger v. City of Riverside, Riverside Superior Court Case No. RIC 1705671 and to authorize the City Attorney to execute the Outside Counsel Engagement Letter.
RECOMMENDATION:
That the City Council: approve the $119,575 budget to retain William Price, who is already on the City’s panel of approved outside counsel; and Authorize the City Attorney to execute the Outside Counsel Engagement Letter DISCUSSION:
The City Attorney’s Office has developed an in-house legal services team. However, there are times when it is necessary to employ a panel firm to provide legal services, if for example, there is a conflict of interest or there are inadequate office resources due to unforeseen circumstances.
The case of Susan E. Granger v. City of Riverside (“Granger”) involves a personal injury case involving unique facts. Plaintiff Susan Granger was a front passenger in a vehicle with three other individuals. All four of the individuals involved had just partaken in the consumption of methamphetamine moments before entering the vehicle. Upon entering the vehicle, everyone noticed there was a club lock on the steering wheel. The key to the club lock was on the same key chain as the key to the vehicle, however, the driver and all passengers still decided it would be a good idea to drive under the influence of methamphetamine and the club lock. Noticeably, the club lock did not allow the driver of the vehicle to properly maneuver the vehicle, which resulted in the vehicle unimpededly falling over a nearly 50 feet cliff and into the Santa Ana River.
Plaintiff alleges that the concrete bollards located at Martha Mclean-Ana Narrows Park was a dangerous condition of public property because they failed in stopping the vehicle from falling forward into the Santa Ana River. The Complaint in this case was filed on April 3, 2017. With the 5-year Statute of Limitations, plus the 6-month Covid extension, Plaintiff has less than a month to bring this case to trial. Currently, trial is set for October 21. We plan on filing a Motion to Dismiss the case due to the expiration of the Statute of Limitations which presumably will be heard on the first day of trial. Plaintiff’s Counsel has an additional hiccup; Plaintiff Granger passed away June 8, 2022. Counsel has yet to find a representative for the estate to try the case. However, Counsel has represented they will report ready on the first day of trial. For these reasons, we, too, must be ready to present our case.
Since its inception, Senior Deputy City Attorney Richard Hall has been assigned to the case. Sadly, Rick will be retiring in less than a month and will not be available for trial. The case has been re-assigned to Senior Deputy City Attorney Debra Cook and Deputy City Attorney Cecilia Rojas for handling. However, because both attorneys are new to the case, and trial is roughly a month away, the City Attorney’s Office needs to retain outside counsel for assistance in this case.
William Price is already on the City’s pre-approved panel of outside counsel. He has over 25 years of first-chair trial success with an undefeated record as a defense attorney. Additionally, he has successfully litigated multiple dangerous condition of public property cases for the State of California and various municipalities. He has also significant experience with handling appeals. Mr. Price assisted the City Attorney’s Office with the recent case, Seriafi v. City of Riverside, in which the City prevailed.
Mr. Price has submitted a total proposed budget of $119,575, which includes the additional assistance of his associate attorney, Scott Dodd, and paralegal. The total proposed budget includes $115,975 in attorney’s fees and $3,600 in anticipated litigation costs.
FISCAL IMPACT:
It will cost the City up to $119,575 to retain Will Price to work with in-house Senior Deputy City Attorney Debra Cook and Deputy City Attorney Cecilia Rojas through trial. The funds to cover all costs are currently budgeted in the Liability Trust Fund account 1310000-421100 for legal fees in the amount of $115,975 and Liability Trust Fund account 1310000-428200 for legal costs in the amount of $3,600.
Prepared by: Cecilia Rojas, Deputy City Attorney
Certified as to availability
of funds: Edward Enriquez, Interim Assistant City Manager/Chief Financial Officer Approved by: Michael Moore, Acting City Manager
Approved as to form: Phaedra A. Norton, City Attorney
Attachment:
Will Price’s Proposed Budget for Susan E. Granger v. City of Riverside, Riverside Superior Court Case No. RIC 1705671 Outside Counsel Engagement Letter
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