LAWSUITS

LEGAL DEPARTMENT QUARTERLY LITIGATION REPORT July 1, 2006 to September 30, 2006 1 LEGAL DEPARTMENT QUARTERLY LITIGATION REPORT July 1, 2006 to September 30, 2006 LAWSUITS A total of forty-nine (49) lawsuits were filed this quarter. Forty-two (42) were filed in New Mexico District Court, seven (7) were filed in United States District Court. These lawsuits were to the following divisions: Municipal Affairs Division (MAD) Public Safety/Trial Division Total: 14 35 49 Lawsuits received were under the following categories: Civil Rights Personal Injury Breach of Warranty Declaratory Judgment & Injunctive Relief Foreclosure Wrongful Death Tort Employment Appeal Property Damage Negligence Writ of Certiorari Total 8 9 1 4 12 2 1 4 5 1 1 1 49 2 LEGAL DEPARTMENT QUARTERLY LITIGATION REPORT July 1, 2006 to September 30, 2006 TORT CLAIMS A total of 47 tort claims were acknowledged by the City Attorney from July 1, 2006 to September 30, 2006: Month July 2006 August 2006 September 2006 Grand Total Miscellaneous 8 10 11 29 APD 8 2 8 18 Total 16 12 19 47 3 LEGAL DEPARTMENT QUARTERLY LITIGATION REPORT July 1, 2006 to September 30, 2006 CITY VICTORIES Case Name Legal Matter No. Sanford J. Viers, II v. Antoinette r. Carriaga, et al. Leona Romero v. City Type of Suit Personal Injury Division/ Attorney Litigation/ Jocelyn M. Torres Litigation/ Michael Garcia Litigation/ Michael Garcia Litigation/ Paula Forney Synopsis of Case Personal Injury due to power failure of streetlight. Plaintiff claimed discrimination for denial of promotion Denial of promotion (on appeal) Plaintiff alleged that she had been terminated as director of the Balloon Museum as a result of discrimination Disposition Dismissed on Motion to Dismissed based on SOL Court of Appeals upheld trial verdict in favor of the City Jury found in favor of the City Summary Judgment Affirmed by the 10th Circuit Amount Paid by City $--0-- Employment $--0-- Fiala v. City Employment $--0-- B.J. Smith v. Santillanes, et al. Civil Rights $--0-- SETTLEMENTS OR JUDGMENTS BELOW $10,000.00 Case Name Ray Cullen v. John W. Skinner, et al. U.S. Bank National Association as Trustee v. Earmon J. Davison, et al. Countrywide Home Loans v. The Estate of Brett D. Sexton, Deceased, et al. Citimortgage Inc. v. The Estate of Isabella Dohme, et al. Bank of New York, as Trustee, et al. v. David Waldron, et al. Washington Mutual Bank v. Alison Tracy Best, et al. Type of Suit Civil Rights Division/ Attorney Litigation/ Catherine Arlowe MAD/ Mark Hirsch Synopsis of Case Accused of entry without a warrant Foreclosure Disposition Tried – verdict found in favor of Plaintiff Dismissed by Plaintiff Amount Paid by City $1,000.00 Foreclosure $--0-- Foreclosure MAD/ Mark Hirsch Foreclosure Dismissed by Plaintiff $--0-- Foreclosure MAD/ Mark Hirsch Foreclosure Paid in full $--0-- Foreclosure MAD/ Mark Hirsch MAD/ Mark Hirsch Foreclosure Dismissed by Plaintiff Dismissed by Plaintiff $--0-- Foreclosure Foreclosure $--0-- 4 LEGAL DEPARTMENT QUARTERLY LITIGATION REPORT July 1, 2006 to September 30, 2006 Ayman Kanso, et al. v. Roy E. Aragon, et al. Bank of New York, et al. v. Arthuro Alarcon, et al. Countrywide Home Loans, Inc. v. Sharon L. Christ, et al. U.S. Bank National Association as Trustee v. Frank Skinner, et al. Deutsche Bank National Trust Company, et al. v. Ray E. Sanchez, et al. Citimortgage, Inc. v. Marcello M. Dionisio, et al. Foreclosure MAD/ Mark Hirsch MAD/ Mark Hirsch MAD/ Mark Hirsch MAD/ Mark Hirsch Foreclosure Disclaimed $--0-- Foreclosure Foreclosure Disclaimed $--0-- Foreclosure Foreclosure Disclaimed $--0-- Foreclosure Foreclosure Disclaimed $--0-- Foreclosure MAD/ Mark Hirsch Foreclosure Disclaimed $--0-- Foreclosure MAD/ Mark Hirsch Foreclosure Disclaimed $--0-- 5 LEGAL DEPARTMENT QUARTERLY LITIGATION REPORT July 1, 2006 to September 30, 2006 CASES WITH DISPOSITION OF $10,000 OR MORE Case Name Legal Matter No. Gene Chavez v. COA Goodpasture v. COA Millennium 2000 v. COA Type of Suit Civil Rights Personal Injury Division/ Attorney Litigation/ Paula Forney Litigation/ Jocelyn Torres Litigation/ Jocelyn Torres Synopsis of Case Claimed improper termination Slip and fall on SBCC sidewalk Plaintiff failed to pay Balloon Fiesta lease agreement and sued when the City terminated the contract Wrongful death action resulting from an auto accident involving a jail employee who ran a stop sign at a high rate of speed. Wrongful death action resulting from an auto accident involving dump truck. Plaintiff alleged COA failed to stop at stop sign. Disposition Settled Settled Amount Paid by City $75,000.00 $75,000.00 Breach of Contract Settled $80,000.00 Wachocki v. City Wrongful Death Litigation/ Peter Pierotti Settled $500,000.00 David Rick Armijo, PR Estate of Elizabeth Salazar v. COA, et al. Wrongful Death Litigation/ Beatrice Brickhouse Settled $825,000.00 6 LEGAL DEPARTMENT QUARTERLY LITIGATION REPORT July 1, 2006 to September 30, 2006 COMPLETED ENFORCEMENT ACTIONS Case Name Legal Matter # Eric Kevin Davis v. COA, APD Type of Suit ID Theft Division/Attorney Community Enforcement/Abatement Ellen Argyres Community Enforcement/Abatement George Heidke Community Enforcement/Abatement Ellen Argyres Community Enforcement/Abatement Ellen Argyres Community Enforcement/Abatement Ellen Argyres Community Enforcement/Abatement Ellen Argyres Community Enforcement/Abatement Ellen Argyres Community Enforcement/Abatement Ellen Argyres Community Enforcement/Abatement Ellen Argyres Community Enforcement/Abatement Ellen Argyres Disposition Order Signed Justin Garcia v. APD Expungement and Metro Court COA v. Dustin Enriquez, et al. Kathryn Smith v. City, APD Alissa Salazar v. COA, APD COA v. Christopher Rodriguez, a minor, et al. COA v. Danny Sheffer, et al. COA v. Toledo, et al. Jeffrey Bowe Jones v. COA, et al. Anna Martinez v. City, et al. Graffiti Petition Denied Made Restitution ID Theft Order Signed ID Theft Order Signed Graffiti Made Restitution Graffiti Made Restitution Graffiti Dismissed ID Theft Could prove identity theft Constituent never contacted attorney back ID Theft 7 LEGAL DEPARTMENT QUARTERLY LITIGATION REPORT July 1, 2006 to September 30, 2006 NEW LAWSUITS No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case Name Bank of America NA v. Patricia Sanchez, et al. Anthony Earl Kennedy v. City of Albuquerque, et al. Christopher Johnson and Vera Francisco v. City of Albuquerque, et al. Countrywide Home Loans, Inc. v. Sharon L. Christ, et al. Kevin Dickinson, et al. v. Canteen Corporation of America, Inc., et al. Christiana Bank & Trust Company, et al. v. Frank Russell, et al. J.A. as parent and legal guardian of N.A.D., et al. v. City of Albuquerque, et al. Peter Searle v. City of Albuquerque, et al. Tammy Oberst, et al. v. City of Albuquerque Louisa Baca, et al. v. Julie Trujillo, et al. Anthony Paul Padilla v. City of Albuquerque, et al. Lemont Zimmerman v. City of Albuquerque Bank of America, N.A. v. Jose Armando ZavalaLopez, et al. Jose Dominguez v. Albuquerque Police Officers Mario Romero, et al. Donna Gonzales v. City of Albuquerque, et al. Danny Hamilton v. City of Albuquerque, et al. Bank of New York, et al. v. Alex J. Abeyta, et al. Mary Maldonado, et al. v. Renee Barazza, et al. Janeen Beery v. Rodney Impey Rio Grande Kennel Club, et al. v. City of Albuquerque Nadine Houghton v. City of Albuquerque David Garcia v. Thomas P. and Carol E. Chaves, et al. U.S. Bank National Association as Trustee v. Earman J. Davison, et al. Eddie Hill v. Albuquerque Police Department, et al. Wayne Shepard v. City of Albuquerque Elizabeth Griego, as parent and guardian of Jamie Vigil v. City of Albuquerque Downey & Co., et al. v. City of Albuquerque Citimortgage Inc. v. Marcello M. Dionisio, et al. Court NMDC NMDC NMDC NMDC NMDC NMDC NMDC NMDC NMDC USDC USDC USDC NMDC NMDC NMDC NMDC NMDC NMDC USDC NMDC NMDC NMDC NMDC NMDC NMDC NMDC NMDC NMDC Division MAD Litigation Litigation MAD Litigation MAD Litigation Litigation Litigation Litigation Litigation Litigation MAD Litigation Litigation Litigation MAD Litigation Litigation Litigation Litigation Litigation MAD Litigation Litigation Litigation Litigation MAD Type of Complaint Foreclosure Civil Rights Personal Injury Foreclosure Preliminary Injunction Foreclosure Tort Claims Personal Injury Personal Injury Civil Rights Wrongful Death Employment Discrimination Foreclosure Civil Rights Personal Injury Employment Discrimination Foreclosure Wrongful Death Civil Rights Declaratory Judgment Personal Injury Civil Rights Foreclosure Civil Rights Negligence Personal Injury Writ of Certiorari Foreclosure 8 LEGAL DEPARTMENT QUARTERLY LITIGATION REPORT July 1, 2006 to September 30, 2006 29 30 31 Charter Bank, et al. v. Virginia A. Silva, et al. Archie R. Gagne, et al. v. Michael E. Jojola, et al. David and Arlene Garcia v. Thomas P. and Carol Chaves, et al. Johnny Aguilar, et al. v. City of Albuquerque, et al. Anthony Barros v. City of Albuquerque Moises Grossete v. City of Albuquerque Open Space Police Department Patricia Skinner v. Victor Romero, et al. Robbin Burge v. City of Albuquerque, et al. Bank of New York, et al. v. Sonia L. Baros, et al. New Cingular Wireless PCS, LLC v. City of Albuquerque Christopher Candelaria v. BCDC, et al. Mark S. Kern v. City of Albuquerque Marcos Escobedo v. City of Albuquerque, et al. Richard L. Gonzales v. City of Albuquerque Ina Jean Denny v. Albuquerque Police Dept. Kristine Cormier v. City of Albuquerque Deutsche Bank National Trust Co. et al. v Louise A. McDade, et al. Jesse C. Burnett v. City of Albuquerque Countrywide Home Loans Servicing LP v. Benjamin C. Bustos, et al. Patricia Bustillos, et al. v. Lucia Ortiz, et al. Joseph G. Molina v. Brian Archibeque, et al. NMDC NMDC NMDC MAD MAD Litigation Foreclosure Foreclosure Breach of Warranty & Negligence Declaratory and Injunctive Relief Employment Discrimination Employment Discrimination Personal Injury Injunctive Relief Foreclosure Appeal Civil Rights Civil Rights Appeal Appeal Property Damage Appeal Foreclosure Appeal Foreclosure Personal Injury Personal Injury 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 NMDC USDC USDC NMDC NMDC NMDC NMDC NMDC USDC NMDC NMDC NMDC NMDC NMDC NMDC NMDC NMDC NMDC Litigation Litigation Litigation Litigation Litigation MAD MAD Litigation Litigation Litigation MAD Litigation Litigation MAD Litigation MAD Litigation Litigation 9