LAWSUITS

LEGAL DEPARTMENT QUARTERLY LITIGATION REPORT April 1, 2005 to June 30, 2005 1 LEGAL DEPARTMENT QUARTERLY LITIGATION REPORT April 1, 2005 to June 30, 2005 LAWSUITS A total of Forty (40) lawsuits were filed this quarter. Thirty-four (34) were filed in New Mexico District Court, Five (5) were filed in United States District Court, and One (1) in Metropolitan Court. These lawsuits were assigned to the following divisions: Municipal Affairs Division Litigation/Trial Division Total: 15 25 40 Lawsuits received were under the following categories: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Civil Rights Damages Personal Injury Wrongful Death Breach of Contract Appeal Foreclosure Injunctive Relief Civil Complaint Quiet Title Collective Action Total 5 4 9 1 2 1 12 3 1 1 1 40 2 LEGAL DEPARTMENT QUARTERLY LITIGATION REPORT April 1, 2005 to June 30, 2005 TORT CLAIMS A total of seventy-nine (79) tort claims were acknowledged by the City Attorney from April 1, 2005 through June 30, 2005. Month April 2005 May 2005 June 2005 Grand Total Miscellaneous 16 8 34 58 APD 2 3 16 21 Total 18 11 50 79 3 LEGAL DEPARTMENT QUARTERLY LITIGATION REPORT April 1, 2005 to June 30, 2005 CITY VICTORIES Case Name Legal Matter No. Rees v. City Type of Suit Employment Division/ Attorney Litigation/ Michael Garcia Synopsis of Case APD officer disciplined with demotion for alleged false statement. Chauffeurs union sued for TRO to oust NMTU from being Transit Union. Plaintiff alleged damages to his vehicle after his van sank into a sinkhole. Third party complaint alleging damages sustained as a result of negligent maintenance of a street or roadway by the City Plaintiff had a confrontation with a bouncer at nightclub and was arrested by APD and was transported to UNM and then MDC; claims right hand and ankle injuries Plaintiff alleged excessive force and false arrest/detention and malicious abuse of process Plaintiff alleged excessive force and false arrest/detention Solid Waste employee was Disposition Settled; disciplined rescinded; No damages paid Complaint Dismissed. Amount Paid by City $--0-- Chauffeurs v. City Temporary Restraining Order Litigation/ Michael Garcia $--0-- Thomas Garcia v. Hale Construction and City of Albuquerque et al. Teodoro Lujan v. Mock Assoc & City of Albuquerque Damages Litigation/ David Nava Motion to Dismiss granted for lack of subject matter jurisdiction Motion to Dismiss granted for lack of subject matter jurisdiction $--0-- Damages Litigation/ David Nava $--0-- Garcia, David v. City Personal Injury Litigation/ Stephanie Griffin City dismissed from lawsuit $--0-- Jacob Hochhalter v. City Civil Rights Litigation/ Kathryn Levy & Catherine Arlowe Jury Trial— Defense Verdict $--0-- Edward Salazar v. Aragon Civil Rights Ralph Perdomo v. Personal City Injury Litigation/ Kathryn Levy & Catherine Arlowe Litigation/ Peter Auh Jury Trial— Defense Verdict $--0-- Plaintiff voluntarily $--0-- 4 LEGAL DEPARTMENT QUARTERLY LITIGATION REPORT April 1, 2005 to June 30, 2005 injured while working on a city tractor Plaintiff claimed discrimination after he was terminated with the Corrections Department and was a forced transfer to Animal Care; dismissed lawsuit. Motion for Summary Judgment Granted $--0-- Rudy Montano v. City Employment Litigation/ Paula Forney 5 LEGAL DEPARTMENT QUARTERLY LITIGATION REPORT April 1, 2005 to June 30, 2005 CASES WITH DISPOSITION BELOW $10,000 Case Name Legal Matter No. Esther Martinez v. City Type of Suit Employment Discrimination Division/ Attorney Litigation/ Lisa Wisdom Synopsis of Case Plaintiff claimed discrimination after she was not hired for a job she had applied for Plaintiff claimed discrimination after she was not hired for a job she had applied for. Plaintiff claimed discrimination after she was not hired for a job she had applied for. Plaintiff, a temporary/ seasonal employee was held over and sued for breach of contract Foreclosure Disposition Settled Amount Paid by City $5,500.00 Watrin v. City Civil Rights/ Employment Discrimination Litigation/ Lisa Wisdom Settled $9,250.00 plus 5% pay increase Sandler v. City Civil Rights/ Employment Discrimination Litigation/ Lisa Wisdom Settled $9,250.00 plus 5% pay increase Garcia v. City Breach of Contract Litigation/ Michael Garcia Settled $8,000.00 National City Mortgage v. Michael Chavez, et al. Countrywide Home Loans v. Darwin C. Dan et al. Countrywide Home Loans v. Dominic Rivera et al. Mortgage Electronic Registration Systems v. Connie Padilla et al. Foreclosure MAD/ Mark Hirsch Disclaimer filed $--0-- Foreclosure MAD/ Mark Hirsch Foreclosure Property Sold $--0-- Foreclosure MAD/ Mark Hirsch Foreclosure Property Sold $--0-- Foreclosure MAD/ Mark Hirsch Foreclosure Dismissed for Lack of Prosecution $--0-- 6 LEGAL DEPARTMENT QUARTERLY LITIGATION REPORT April 1, 2005 to June 30, 2005 Countrywide Home Loan v. Phillip E. King et al. Centex Home Equity v. Jesus Chavez et al. Countrywide Home Loans v. Joseph Ruiz et al. Deutsche Bank v. Martha Trujillo et al. Countrywide Home Loans v. Rick Bonney et al. Countrywide Home Loans v. Brian SaizVallejos et al. Matrix Financial Services Corp v. Mark Griego et al. Mortgage Electronic Registration Systems v. Mollie Ramirez et al. Foreclosure MAD/ Mark Hirsch Foreclosure Property Sold $-0-- Foreclosure MAD/ Mark Hirsch MAD/ Mark Hirsch MAD/ Mark Hirsch MAD/ Mark Hirsch Foreclosure Dismissed by Plaintiff Property Sold $--0-- Foreclosure Foreclosure $--0-- Foreclosure Foreclosure Disclaimed $--0-- Foreclosure Foreclosure Dismissed by Plaintiff $--0-- Foreclosure MAD/ Mark Hirsch Foreclosure Dismissed by Plaintiff $--0-- Foreclosure MAD/ Mark Hirsch MAD/ Mark Hirsch Foreclosure Property Sold $--0-- Foreclosure Foreclosure Disclaimed $--0-- 7 LEGAL DEPARTMENT QUARTERLY LITIGATION REPORT April 1, 2005 to June 30, 2005 CASES WITH DISPOSITION OF $10,000 OR MORE Case Name Legal Matter No. Donovan, William v. City Type of Suit Personal Injury Division/ Attorney Litigation/ Stephanie Griffin Synopsis of Case Plaintiff. A 78 year old blind man, fell while he was a passenger on a City bus Plaintiff alleged false arrest/detention Plaintiff was a passenger in a car that went through an intersection with a missing stop sign Personal injury claimed by Plaintiff who was involved in a traffic accident with a City garbage truck. Albuquerque firefighter paramedic was terminated for testing positive to alcohol and marijuana use. Personnel Board and District Court reinstated employment Vehicle plaintiff was driving was struck by a vehicle being driven by a City employee. Plaintiff claimed personal injuries. Plaintiff claimed to suffer permanent injury to his dominant hand while attending a City organized neighborhood cleanup Disposition Settled Amount Paid by City $75,000.00 Michael Bejerano v. City Rondon v. City Civil Rights Personal Injuries Litigation/ Catherine Arlowe Litigation/ Michael Garcia Arbitration award Settled $10,000.00 $21,500.00 Antoinette Ortega v. City Employment Litigation/ Beatrice Brickhouse Mediation Settlement $375,000.00 Tobias Pino v. City Employment Litigation/ Beatrice Brickhouse Memorandum Opinion Settlement Agreement $212,694.30 Cora McGrath v. Hartley & City of Albuquerque Personal Injury Litigation/ Peter Auh Settled $15,000.00 Peter Hicks v. City Personal Injury Litigation/ Peter Auh Settled $45,000.00 8 LEGAL DEPARTMENT QUARTERLY LITIGATION REPORT April 1, 2005 to June 30, 2005 COMPLETED ENFORCEMENT ACTIONS Name Legal Matter # Juan Arrellano v. City City v. Alice O’Bryan Type of Suit Expungement of Record Nuisance Abatement Division/Attorney Community Enforcement/Abatement Matthew O’Neill Community Enforcement/Abatement Pete Dinelli Community Enforcement/Abatement Dinelli Community Enforcement/Abatement Matthew O’Neill Community Enforcement/Abatement Pete Dinelli Community Enforcement/Abatement Pete Dinelli Community Enforcement/Abatement Maria Dominquez Community Enforcement/Abatement Matthew O’Neill Community Enforcement/Abatement Matthew O’Neill Disposition Opposed expungement Not Guilty Plea; Cleaned Yard City v. Victor Yanez Graffiti Dismissed State v. Edward Hartman City v. Jeremy Dominquez City v. K. Daskalos APD Evidence Evidence Released Graffiti Settled Graffiti Unable to Serve City v. Kerry Bennett Zoning Obtained Judgment State v. David Astorga State of NM v. Jesse Benjamin Henry APD Evidence Settled Release of Evidence Agreement Reached 9 LEGAL DEPARTMENT QUARTERLY LITIGATION REPORT April 1, 2005 to June 30, 2005 NEW LAWSUITS No. 1 Case Name Charlene Perez v. The City of Albuquerque et al. Court USDC Division Litigation Type of Complaint 4th & 14th Amendment Violations; Negligence; Prima Facie Tort Civil Rights Foreclosure 2 3 4 Lee Williams v. City of Albuquerque et al. Deutsche Bank National Trust Company v. Martha Trujillo et al. Gabriel Gutierrez v. City of Albuquerque Mortgage Electronic Registration Systems, Inc. v. Mollie Ramirez et al. Teodoro Lujan v. Mock Associates v. City of Albuquerque Citimortgage Inc. v. Herbert Messinger et al. Countrywide Home Loans, Inc. v. Saiz-Vallejos et al. Mary Simmons v. City of Albuquerque AAMES Capital Corporation v. Schaefer et al. Peter Hicks v. City of Albuquerque Tara Velasquez v. Tipton et al. Geremy Stone v. Christopher Juarez and Orlando Camacho Matrix Financial v. Teresa Lynn Holmes et al. Renae Harbin v. Safetynet Works et al., General Growth Properties Inc. v. City of Albuquerque et al. USDC NMDC Litigation MAD NMDC Litigation 5 NMDC MAD Recovery of Money; Injunctive Relief Foreclosure 6 Metro Litigation Third Party Civil Complaint Foreclosure Foreclosure Personal Injury Foreclosure Personal Injury Wrongful Death and Loss of Consortium Civil Rights; Personal Injury Foreclosure Civil Rights Appeal of Decision of AC05-01 rendered by City Council 7 8 9 10 11 12 NMDC NMDC NMDC NMDC NMDC USDC MAD MAD Litigation MAD Litigation Litigation 13 NMDC Litigation 14 15 16 NMDC NMDC NMDC MAD Litigation MAD 10 LEGAL DEPARTMENT QUARTERLY LITIGATION REPORT April 1, 2005 to June 30, 2005 17 American Civil Liberties Union of New Mexico and Peter G. Simonson v City of Albuquerque Citimortgage Inc., v. Darlene Casey et al. American Civil Liberties Union of New Mexico, Robert Arce, and Peter G. Simonson v. City of Albuquerque Vicente Alvarado v. KOB TV et al. Louie Romero and Lorena Rocha v. City of Albuquerque Westland Development Co. v Westcliffe Homeowners Association et al. Bank of American NA v. Anna M. Cordova; et al. Roberto Robles v. MDC et al. Vanessa Sandoval v. Richard Mora and the City of Albuquerque Compuware v. County of Bernalillo et al. James McCormack v. City of Albuquerque Canos Gonzales v. APS et al. Matrix Financial Services v. Reynaldo Ortiz et al. Rebecca Pellerin v. Corey Wadley et al., Denise Gonzales v. City of Albuquerque Mark Krueger v. City of Albuquerque Dean Karch v. City of Albuquerque Thelma Marquez v. City of Albuquerque et al. Countrywide Home Loans v. Jose Miguel Hernandez et al., Bank of America v. Oscar Fregoso et al. NMDC MAD Injunctive and Declaratory Relief Foreclosure Injunctive and Declaratory Relief 18 19 NMDC NMDC MAD Litigation 20 21 NMDC NMDC Litigation Litigation Money Damages Personal Injury 22 NMDC MAD Quiet Title 23 24 25 NMDC NMDC NMDC MAD Litigation Litigation Foreclosure Personal Injury Personal Injury Property Damage Breach of Contract Bodily Injury Damages Foreclosure Damages Personal Injury Personal Injury Breach of Contract Collective Action Personal Injury Foreclosure 26 27 28 29 30 31 32 33 34 35 NMDC NMDC NMDC NMDC NMDC NMDC NMDC USDC NMDC NMDC Litigation Litigation Litigation Litigation Litigation Litigation Litigation Litigation Litigation MAD 36 NMDC MAD Foreclosure 11 LEGAL DEPARTMENT QUARTERLY LITIGATION REPORT April 1, 2005 to June 30, 2005 37 Deutseche Bank National Trust v. Carlos Martinez et al., Joseph Gutierrez v. City of Albuquerque et al., Ernesto Saenz-Quevedo v. Radman and City Josephine Thweatt v. City of Albuquerque et al NMDC MAD Foreclosure 38 USDC Litigation 39 40 NMDC NMDC Litigation Litigation Civil Rights, Tort Claims and Damages Personal Injuries Tort Claims & Damages 12