LAWSUITS A total of forty (40) lawsuits were filed this quarter. Thirty-one (31) were filed in New Mexico District Court, eight (8) were filed in United States District Court, and one (1) was filed in Metro Court. These lawsuits were to the following divisions: Municipal Affairs Division (MAD) Public Safety/Trial Division Total: Lawsuits received were under the following categories: 17 23 40
Civil Rights Personal Injury Breach of Contract Declaratory Judgment Foreclosure Quiet Title Damages Negligence Appeals Inverse Condemnation Total
9 2 1 5 12 1 3 2 4 1 40
TORT CLAIMS A total of 33 tort claims were acknowledged by the City Attorney from October 1, 2006 to December 31, 2006: Month October 2006 November 2006 December 2006 Grand Total Miscellaneous 10 6 4 20 APD 5 4 4 13 Total 15 10 8 33
CITY VICTORIES
Case Name Legal Matter No. Totlyn Wright Lee, et al. v. COA, et al. KOB v. City Type of Suit Wrongful Death Land Use Division/ Attorney Litigation/ Stephanie Griffin Litigation/ Michael Garcia Synopsis of Case Plaintiff claimed that jail failed to render medical aide KOB sued re ordinance prohibiting helipad operations in residential area Police officer accused of excessive force Plaintiff ran into a construction hole that was not barricaded Plaintiff alleged he found APD in his home without a search warrant Plaintiff claimed she was discriminated by APD and the was constructively forced to retire Plaintiff claimed he was discriminated against when he was not selected to be the City’s purchasing officer Disposition Dismissed based on Martinez reports Court held that the ordinance was valid Amount Paid by City $--0--
$--0--
Sylvester Stanley v. Pablo Padilla, et al. Denise Kopan v. COA, et al.
Civil Rights
Personal Injury
Litigation/ Catherine Arlowe Litigation/ David Nava
Dismissed with Prejudice Voluntary Dismissal
$--0--
$--0--
Patrick Martinez v. COA, et al.
Civil Rights
Litigation/ Catherine Arlowe Litigation/ Paula Forney
Dismissed Untimely Complaint Summary Judgment Affirmed by the 10th Circuit
$--0--
Paloni v. COA
Civil Rights
$--0--
John Vigil v. COA and Doyle
Civil Rights
Litigation/ Paula Forney
Summary Judgment Affirmed by the 10th Circuit
$--0--
SETTLEMENTS OR JUDGMENTS BELOW $10,000.00
Case Name Robbin Burge v. COA Type of Suit Employment Division/ Attorney Litigation/ Lisa Wisdom Synopsis of Case Plaintiff claimed she was unfairly disciplined re evidence room fallout. Auto accident involving City Disposition Settlement Amount Paid by City No cash - job reinstatement
Allstate Insurance, et al. v. COA, et al.
Property Damage
Litigation/ Shelly Mund
Settled
$934.72
Allstate Insurance, et al. v. COA, et al.
Property Damage
Litigation/ Shelly Mund
Cummings v. City
Public Records
Litigation/ Michael Garcia
Lynn Reule v. COA
Temporary Restraining Order
Litigation/ Beatrice Brickhouse
UTU v. City
FLSA
Litigation/ Michael Garcia
Mario Obregon, et al. v. COA
Tort
Litigation/ Beatrice Brickhouse
Natalie Abbott v. Bell Bonding, et al.
Personal Injury
Litigation/ Michael Garcia MAD/ Mark Hirsch MAD/ Mark Hirsch MAD/ Mark Hirsch MAD/ Mark
Bank of America, N.A. v. Leonardo Espinosa, et al. Charter Bank v. Jacob P. Griego, et al. Wells Fargo v. The Unknown Heirs of Dianna I. Willis, et al. Peter Jensen, et al.
Foreclosure
vehicle A driveline fell off a Solid Waste truck caused damage to a BMW Claimant requested records and was not responded to Fire Dept. employees claimed City violated their rights by prohibiting them from participating in an off duty event Settlement of lawsuit w/payments to union for individuals who could not be found to give checks Plaintiffs claimed they suffered carbon monoxide poison from faulty roof of public housing Plaintiff fell on sidewalk where bricks had been removed Foreclosure
Settled
$2,800.00
Settled
$2,885.63
TRO granted
$5,000.00 for attorneys fees
Court ruled no withholding for IRS
$5,800.00
Settled
$6,250.00
Settled
$8,750.00
Dismissed by Plaintiff Dismissed by Plaintiff Dismissed by Plaintiff Dismissed by
$--0--
Foreclosure
Foreclosure
$--0--
Foreclosure
Foreclosure
$--0--
Foreclosure
Foreclosure
$--0--
v. Sarah Gorder, et al. Citimortgage, Inc. v. Ronald Dupuy, et al. Citimortgage, Inc. v. Brett A. Miller, et al. Matrix Financial Services Corp. v. Sandra C. Herrera, et al. Deutsche Bank National Trust v. Louise A. McDade, et al. Charter Bank v. Virginia A. Silva, et al. Bank of New York v. Alex J. Abeyta, et al. Bank of New York v. Louis F. Carrillo, et al.
Hirsch Foreclosure Foreclosure Foreclosure MAD/ Mark Hirsch MAD/ Mark Hirsch MAD/ Mark Hirsch Foreclosure Foreclosure Foreclosure
Plaintiff Dismissed by Plaintiff Disclaimed Dismissed for Lack of Prosecution Disclaimed $--0-$--0-$--0--
Foreclosure
MAD/ Mark Hirsch
Foreclosure
$--0--
Foreclosure
MAD/ Mark Hirsch MAD/ Mark Hirsch MAD/ Mark Hirsch
Foreclosure
Dismissed by Plaintiff Dismissed by Plaintiff Defendant filed Bankruptcy
$--0--
Foreclosure Foreclosure
Foreclosure Foreclosure
$--0-$--0--
CASES WITH DISPOSITION OF $10,000 OR MORE
Case Name Legal Matter No. Christopher Johnson v. COA, et al. Type of Suit Personal Injury Division/ Attorney Litigation/ Stephanie Griffin Synopsis of Case Plaintiff claimed City employee negligently caused motor vehicle accident. Plaintiff claimed unfair testing procedures for sergeant’s exam. Sewer backup caused damage to property Plaintiff claimed jail was negligent in directing Plaintiff to climb a ladder which caused him to fall and break his leg. APD police vehicle crashed into law offices Auto accident Disposition Settled Amount Paid by City $15,000.00
Mark Krueger v. COA
Breach of Contract
Litigation/ Lisa Wisdom
Settled
$20,000.00
Charles A. Silva, et al. v. COA
Property Damage
Litigation/ Randy Autio Litigation/ Stephanie Griffin
Settled
$25,000.00
Roberto Robles v. Personal Injury MDC, et al.
Settled
$28,000.00
1011Fourth St., LLC v. COA Patricia Skinner v. Victor Romero, et al. DeReyes v. City
Tort - Motor Vehicle Accident Personal Injury
Litigation Beatrice Brickhouse Litigation/ Shelly Mund Litigation/ Michael Garcia
Settled
$46,750.00
Settled
$50,000.00
Employment
Linda Young v. Peter Vanhavermaat, et al.
Personal Injury
Litigation/ Michael Garcia
Termination from Oct. 2000 where reinstatement could have meant large backpay and benefits Plaintiff’s car was t-boned by bus that ran red light which resulted in serious and lasting injuries
Settled
$75,000.00
Settled
$115,000.00
COMPLETED ENFORCEMENT ACTIONS
Case Name Legal Matter # COA v. Carl David Jelinek State v. Guadalupe Gonzales Impoundment of 1987 Red Toyota 4 Runner State v. Joseph Tenorio State v. James Tovar Angelique Savedra v. COA, APD Gregory E. Thompson In the matter of Daniell Manley, a child, and JoLysa Manley, a child Rene Fidel Rodriguez v. APD, COA State v. Christopher Baca COA v. Interstate Inn
Type of Suit Nuisance Abatement
Division/Attorney
Disposition Disposed
Community Enforcement/Abatement Dawn Branch Pohl Motion (Internal Community Affairs) Enforcement/Abatement George Heidke Impoundment Community (Contraband) Enforcement/Abatement George Heidke Pohl Motion (Internal Community Affairs) Enforcement/Abatement George Heidke Nuisance Community Abatement Enforcement/Abatement George Heidke ID Theft Community Enforcement/Abatement Ellen Argyres ID Theft Community Enforcement/Abatement Ellen Argyres Pohl Motion (Internal Community Affairs) Enforcement/Abatement George Heidke Expungement Community Enforcement/Abatement George Heidke Community Enforcement/Abatement George Heidke Community Enforcement/Abatement Peter L. Dinelli
Motion for IA File Denied Vehicle Declared Contraband Motion for Disclosure Withdrawn Plea and Disposition Agreement filed Savedra never made appointment to review records Thompson never came in to review file Nolle Prosequi
Judge Denied Expungement Petition to Expunge never filed with court Interstate Inn was Closed
Expungement
Nuisance Abatement
NEW LAWSUITS
No. 1 2 3 4 5 6 7 8 9 10 11 12 Case Name Protection and Advocacy System, et al. v. COA Mortgage Electric Systems, Inc. et al. v. Victor Chavez, et al. Ben Stafford v. APD Rudolph German Serrano v. COA Mayor Martin Chavez, et al. Volcano Cliffs Property Owners Association, et al. v. COA Santa Fe Pacific Trust Inc. v. COA Charter Bank v. Jacob P. Griego, et al. Lynn Reule, et al. v. COA, et al. Matrix Financial Services Corp. v. Jeanette Ary, et al. Secretary of Veterans Affairs v. Richard P. Chavez, et al. Benjie Lorenzo Cardenas, et al. v. Officer Matthew Fisher Darrell Allen v. COA, et al. Court NMDC NMDC NMDC USDC NMDC NMDC NMDC USDC NMDC NMDC USDC NMDC Division Litigation MAD Litigation Litigation Litigation Litigation MAD Litigation MAD MAD Litigation Litigation Type of Complaint Declaratory and Injunctive Relief Foreclosure Civil Rights Civil Rights Declaratory and Injunctive Relief Inverse Condemnation Foreclosure Declaratory and Injunctive Relief Foreclosure Foreclosure Civil Rights Damages from Negligent Operation of a Vehicle Foreclosure Foreclosure Civil Rights Foreclosure Petition for Judicial Review Complaint for Quiet Title Complaint for Property Damages Civil Rights Breach of Contract Declaratory Judgment and Reimbursement Declaratory
13 14 15 16 17
18 19
Citimortgage Inc. v. Brett A. Miller, et al. Charter Bank, et al. v. Emilio Chavez, III, et al. Leo Michael Baca v. Lucas C. Townsend, et al. Wells Fargo Bank v. The Unknown Heirs of Dianna I. Willis, deceased, et al. Petition for Judicial Review of COA Construction Bid for the Wyoming Library Remodel v. COA, et al. Maria Aragon v. Group 1, et al. Ralph Harrison v. COA and Bret White
NMDC NMDC USDC NMDC NMDC
MAD MAD Litigation MAD MAD
NMDC NMDC
MAD Litigation
20 21 22
Richard Mora v. Albuquerque Police Officers, et al. Mardo Martinez v. COA Western Heritage Insurance Company v. Peter Lopez, et al. M. Christine Montoya, et al. v. COA
NMDC NMDC USDC
Litigation Litigation Litigation
23
NMDC
Litigation
24 25 26 27 28 29
The Citi Group/Sales Financing, Inc. v. Donny R. Placencia, et al. Charter Bank v. Gilbert Adame, et al. Viola Cordova v. Nicole S. Montague, et al. Raymond Lucero v. Shaun Willoughby, et al. Bank of America, NA v. Leonardo Espinosa, et al. Homero Alonso Mata, et al. v. Circuit City Stores, Inc., et al. Raul C. Zapata v. Mayor of Albuquerque, et al. Cheri Joyce v. COA, et al. Countrywide Home Loans, Inc. v. Brian J. Rael, et al. Rupert Holland v. City Council of COA, et al. Mary Ann Gutierrez, et al. v. Michael J. Gomez, et al. Katrina B. Lucero v. COA Kenneth M. Robey v. City Council of COA, et al. Gene Wheet v. COA Carl E. Radosevich v. COA, et al. Stacy Snow v. Brian Earle, et al. Deutsche Bank National Trust Company, et al.
NMDC NMDC NMDC NMDC NMDC USDC
MAD MAD Litigation Litigation MAD Litigation
Judgment and Injunctive Relief Foreclosure Foreclosure Complaint for Damages Civil Rights and Personal Injury Foreclosure Negligence, Tort, Civil Rights Civil Rights Constitutional Rights Foreclosure Notice of Appeal Personal Injury Personal Injury Notice of Appeal Petition for Writ of Certiorari Civil Complaint Money Damages Foreclosure
30 31 32 33 34 35 36 37 38 39 40
USDC USDC NMDC NMDC NMDC NMDC NMDC NMDC Metro NMDC NMDC
Litigation Litigation MAD MAD Litigation Litigation MAD Litigation MAD Litigation MAD