1998-1119_SJD PARTNERS, LTD._Tolling Agreements1
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF ORANGE
In the Matter of
S.J.D. PARTNERS, LTD.; S.J.D.
DEVELOPMENT CORPORATION, a
California corporation; SUNCAL'
COMPANIES, a Division of CWC,
INC.; and CWC, INC., a
California corporation
VS.
CITY OF SAN JUAN CAPISTRANO
1010 Do [ilS�tZ Iii]
STIPULATION AND AGREEMENT
TOLLING AND EXTENDING TIME TO
COMMENCE LITIGATION
This Stipulation and Agreement is between the CITY OF SAN
JUAN CAPISTRANO (hereinafter "CITY") on the one hand, and S.J.D.
PARTNERS, LTD.; S.J.D. DEVELOPMENT CORPORATION, a California
corporation; SUNCAL COMPANIES, a Division of CWC, INC.; and
CWC, INC., a California corporation (hereinafter "CLAIMANTS") on
the other hand, who stipulate and agree as follows:
1. This Stipulation and Agreement is made with reference
to the following.,recitals of fact and objective:
a. 7n or about May 21, 1998, a catastrophic failure
of a landslide occurred on property owned by CITY and others
� R
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located at Meredith Canyon adjacent to Tract 14196 in the County
of Orange, City of San Juan Capistrano.
b. On or about July 15, 1998, certain property owners
filed suit in Orange County Superior Court, Case Number 796957,
and on or about November 3, 1998, the property owners filed their
First Amended Complaint against certain parties, including
CLAIMANTS, on issues relevant to the landslide.
C. Neither the property owners nor CLAIMANTS have
filed claims against governmental agencies related to the
landslide. Each of the CLAIMANTS have until January 15, 1999 to
file their respective "Claim For Damages" (hereinafter "CLAIM")
with the CITY. If the CLAIMS are rejected, then each of the
CLAIMANTS would have six months from the date of said rejection
to file a court action on the CLAIM.
d. The matters at issue with respect to the CLAIM are
currently in litigation filed against CLAIMANTS and others, in an
action currently pending before the Orange County Superior Court,
bearing Case Number 7965957 (hereinafter "LITIGATION").
e. The LITIGATION may determine certain material
issues affecting the CLAIM, and the determination of the
LITIGATION may obviate litigation regarding the CLAIM.
f. To allow more time for determination of the
LITIGATION, the CITY and the CLAIMANTS (hereinafter collectively
"PARTIES") agree that the limitation period established by the
California Tort Claims Act, will be tolled and extended on the
basis set forth in this Stipulation and Agreement.
g. The PARTIES agree that the CLAIMANTS, and each of
them, are relying on this Stipulation and Agreement in
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withholding a court action or suit on the CLAIM until July 15,
2001; and notwithstanding the foregoing, the CITY further agrees
that the CLAIMANTS, and each of them, are not required by this
Stipulation and Agreement to withhold a court action or suit for
said period.
2. The PARTIES stipulate and agree that any and all time
periods in which the CLAIMANTS must act or may perform any act
pursuant to the "California Tort Claims Act" (Government Code §§
810-996.6), and in particular pursuant to Government Code SS
910.6, 911.2, 913, and/or 945.6, are and will be tolled during
the period from and including July 15, 1998 to midnight,
January 15, 2001 (hereinafter called "Tolling Period"); and
without limitation as to the foregoing, the PARTIES specifically
stipulate and agree that the Tolling Period will be considered
not part of the time limited under the California Tort Claims Act
for commencing a court action or suit on the CLAIM or on any
cause of action against the CITY for which the CLAIMANTS are
required to present a CLAIM in accordance with the California
Tort Claims Act.
3. The PARTIES stipulate and agree that the time in which
the CLAIMANTS must commence a court action or suit on the CLAIM
or any cause of action described by the CLAIM, including without
limitation the time prescribed by a Rejection Letter, by
Government Code S 913, and/or by Government Code S 945.6, is and
are extended to and including July 15, 2001.
4. The PARTIES further stipulate and agree that each
stipulation and agreement contained herein is independent of the
others, and if any such stipulation or agreement is later found
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to be illegal, unenforceable, or void, for any reason, the other
stipulations and agreements shall remain in full force and
effect.
5. This Agreement may be executed in counterparts with the
same effect as if all original signatures were placed on one (1)
document, and all of which together shall be one (1) and the same
Agreement.
Dated: 2/2/99 CITY OF SAN JUAN CAPISTRANO
By:
J
Dated: (1 /206/q ( SUNCAL COMPANIES, a Division of CWC,
INC.
By:
Printed Name: &uc'a E�iGt1"
Title: Sec e4oz=
Dated: ('0l 'q !/ CWC, INC.
By:
Printed Name: &Ce
Title: Sec. ffL�
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Dated: �0% ll S.J.D. PARTNERS, LTD.
By: _
Printed Name: j3g"'ice,
Title: 9CLV"}.
Dated: /2� S.J.D. DEVELOPMENT CORPORATION
By:
Printed Name: Sa Uc -
Title: P� Pf;al�t
APPROVED AS TO FORM:
Dated: JOHN SHAW, San Juan Capistrano City
Attorney
By:4&W—
hn Shaw
an Juan Capistrano, City Attorney
Dated: 1 7/f Q BALESTRERI, PENDLETON & POTOCKI
By: 1h''.
Thomas A. Balestreri, Jr.
Attorneys for Defendants/Cross-
Defendants S.J.D. PARTNERS, LTD.;
S.J.D. DEVELOPMENT CORPORATION,
SUNCAL COMPANIES, a Division of
CWC, INC.; and CWC, INC.
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BALESTRERI, PENDLETON & POTOCKI
A LAW CORPORATION
THOMAS A. BALESTRERI, JR.
MARY B. PENDLETON
JOSEPH P. POTOCKI
MICHAEL M. FREELAND
SUSAN L. SPARKS
ANDRA M. DEROIAN
MAURINE P. BRAND
ERIC J. MIERSMA
Ms. Connie M. Day
Legal Assistant
CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
3033 FIFTH AVENUE
SUITE 400
SAN DIEGO, CALIFORNIA 92103-5828
TELEPHONE (619) 686-1930
FACSIMILE (619) 497-1052
email: bpp@abac.com
July 1, 1999
J J L - 2 1999
RIVERSIDE COUNTY OFFICE
41877 ENTERPRISE CIRCLE NORTH
SUITE H
TEMECULA, CALIFORNIA 92690
Re: MEREDITH CANYON SLOPE FAILURE
Our Client: S.J.D. Partners, Ltd., et al.
Your Ref: Tolling Agreement -Meredith Canyon
Our File Ref: 698-149
Dear Ms. Day:
TELEPHONE 19091896-0091
We have received from our clients the executed "Stipulation and Agreement Tolling and
Extending Time to Commence Litigation" in the above -referenced matter, and I enclose a copy
herewith for your file.
Should you need anything further, do not hesitate to contact Mr. Balestreri.
Very truly yours,
�4 . Lvz�—
LAURIE J. ON
Secretary to OMAS A.
BALESTRERI, JR.
/ljd
Enclosure
AGENDA ITEM February 2, 1999
TO: George Scarborough, City Manager
FROM: John R. Shaw, City Attorney
SUBJECT: Consideration of Tolling Agreements -- S.J.D. Partners Ltd., S.J.D.
Development Corporation, Suncal Companies, a division of CWC, Inc., and
CWC, Inc. (Meredith Canyon)
Move to approve tolling agreement between the City and S.J.D. Partners Ltd., S.J.D.
Development Corporation, Suncal Companies, a division of CWC, Inc., and CWC,
Inc., for the purpose of delaying the time within which these parties may file a legal
claim against the City in connection with the recent Meredith Canyon slide condition.
BACKGROUND:
On October 23, 1998, the City Council approved a tolling agreement between the City and
certain parties in regard to the Gordon Cammell v. S.J.D. Partners litigation. The litigation
was filed by certain homeowners in the area of the Meredith Canyon landslide against the
developer, S.J.D. Partners Ltd. The City of San Juan Capistrano has not been brought into
that litigation at this point in time.
The tolling agreement deferred the legal deadline for filing of a claim against the City for a
three-year period, or until January 15, 2001.
S.J.D. Partners Ltd., S.J.D. Development Corporation, Suncal Companies, a division of
CWC, Inc., and CWC, Inc. have requested a similar tolling agreement. These parties are
developers involved in the litigation. Since the City has made this accommodation to the
private lot owners, it is also appropriate that the City extend the same tolling arrangement
to the developers involved in this litigation. The City benefits by not being named in the
landslide litigation at this point in time.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
FOR CIN COUNCIL AGE t' OL
MEMORANDUM
TO: Connie Day
FROM: Cheryl Johnson
DATE: February 3, 1999
SUBJECT: Tolling Agreement - SJD Partners
Attached is the original Tolling Agreement with SJD Partners approved by the City Council
on 2/2/99 and signed by the Mayor.
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In the Matter of
JOHN JAY CURTIS
vs.
•
BEFORE THE CITY COUNCIL
CITY OF SAN JUAN CAPISTRANO
CITY OF SAN JUAN CAPISTRANO
STIPULATION AND AGREEMENT
TOLLING AND EXTENDING TIME
TO COMMENCE LITIGATION
This Stipulation and Agreement is between the CITY OF SAN JUAN CAPISTRANO
(hereinafter called "CITY"), on the one hand, and JOHN JAY CURTIS, (hereinafter called
"CLAIMANT") on the other hand, who stipulate and agree as follows:
1. This Stipulation and Agreement is made with reference to the following recitals
of fact and objective:
A. On or about May 21, 1998, a landslide occurred on property owned by
CITY, by CLAIMANT, and others located at Meredith Canyon adjacent to Tract 14196 in the
County of Orange, City of San Juan Capistrano.
B. On or about July 15, 1998, a lawsuit was filed in Orange County Superior
Court Case Number 796957 between certain parties, not including CITY, on issues relevant
to the landslide and damages of CLAIMANT.
C. CLAIMANT has not filed a claim against governmental agencies.
CLAIMANT had until November 20, 1998 to file a "Claim for Damages" (hereinafter called
"CLAIM") with the CITY.
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4. The PARTIES further stipulate and agree that each stipulation and agreement
contained herein is independent of the others, and if any such stipulation or agreement is later
found to be illegal, unenforceable or void, for any reason, the other stipulations and
agreements shall remain in full force and effect.
5. This Stipulation and Agreement may be executed in counterparts with the same
effect as if all original signatures were placed on one (1) document, and all of which together
shall be one (1) and the same Agreement.
DATED: January 19, 1999 CITY OF SAN JUAN CAPISTRANO
APPROVED AS TO FORM:
By:
John R. ShJW70ty Attorney
M
Greiner,
AGENDA ITEM January 19, 1999
TO: George Scarborough, City Manager
FROM: John R. Shaw, City Attorney
SUBJECT: Consideration of Tolling Agreements -- Quinn, Curtis (Meredith Canyon)
RECOMMENDATION:
Move to approve tolling agreements between the City, Linda Quinn and John Jay
Curtis for the purpose of delaying the time within which these property owners may
file a legal claim against the City in connection with the recent Meredith Canyon slide
condition.
BACKGROUND:
On October 23, 1998, the City Council approved a tolling agreement between the City and
certain parties in regard to the Gordon Cammell v. SJD Partners litigation. The litigation was
filed by certain homeowners in the area of the Meredith Canyon landslide against the
developer, SJD Partners Ltd. The City of San Juan Capistrano has not been brought into that
litigation at this point in time.
The tolling agreement deferred the legal deadline for filing of a claim against the City for
a three-year period, or until January 15, 2001.
Linda Quinn and John Jay Curtis are homeowners in the area of the landslide. They have
approached this office and requested a similar tolling agreement for their properties. Since
the City has made this accommodation to other parties, I recommend we do so here.
COMMISSIONBOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
FINANCIAL CONSIDERATIONS:
Not applicable.
FOR CITY COUNCIL AGENDA 1-
J,(V
Agenda Item
ALTERNATE ACTIONS:
-2- January 19, 1999
1. Do not approve the tolling agreement.
2. Direct staff to provide additional information.
RECOMMENDATION:
Move to approve the tolling agreements and authorize the Mayor to execute same.
Respectfully submitted,
JO R. SHAW
Ci Attorney
Attachment: Tolling Agreements
W alvp.
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BEFORE THE CITY COUNCIL
CITY OF SAN JUAN CAPISTRANO
In the Matter of
LINDA QUINN
vs.
CITY OF SAN JUAN CAPISTRANO
STIPULATION AND AGREEMENT
TOLLING AND EXTENDING TIME
TO COMMENCE LITIGATION
This Stipulation and Agreement is between the CITY OF SAN JUAN CAPISTRANO
(hereinafter called "CITY"), on the one hand, and LINDA QUINN, (hereinafter called
"CLAIMANT") on the other hand, who stipulate and agree as follows:
1. This Stipulation and Agreement is made with reference to the following recitals
of fact and objective:
A. On or about May 21, 1998, a landslide occurred on property owned by
CIN, by CLAIMANT, and others located at Meredith Canyon adjacent to Tract 14196 in the
County of Orange, City of San Juan Capistrano.
B. On or about July 15, 1998, a lawsuit was filed in Orange County Superior
Court Case Number 796957 between certain parties, not including CITY, on issues relevant
to the landslide and damages of CLAIMANT.
C. CLAIMANT has not filed a claim against governmental agencies.
CLAIMANT had until November 20, 1998 to file a "Claim for Damages" (hereinafter called
"CLAIM") with the CITY.
*W 10111K
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D. The matters at issue with respect to the CLAIM are currently in litigation
pending before the Orange County Superior Court bearing Case Number 796957 (hereinafter
called "LITIGATION").
E. The LITIGATION may determine certain material issues affecting the
CLAIM, and the determination of the LITIGATION may obviate litigation regarding the CLAIM.
F. To allow more time for determination of the LITIGATION, the CITY and
the CLAIMANT (hereinafter called 'PARTIES" collectively) agree that the limitation period
established by the California Tort Claims Act will be tolled and extended on the basis set forth
in this Stipulation and Agreement.
G. The PARTIES agree that the CLAIMANT, and each of them, are relying
on this Stipulation and Agreement in withholding a court action or suit on the CLAIM until July
15, 2001; and notwithstanding the foregoing, the CITY further agrees that the CLAIMANT, and
each of them, are not required by this Stipulation and Agreement to withhold a court action
or suit for said period.
2. The PARTIES stipulate and agree that any and all time periods in which the
CLAIMANT must act or may perform any act pursuant to the "California Tort Claims Act'
(Government Code Sections 810-996.6), and in particular pursuant to Government Code
Sections 910.6, 911.2, 913, and/or 945.6, are and will be tolled during the period from and
including May 21, 1998, to midnight, January 15, 2001 (hereinafter called "Tolling Period");
and without limitation as to the foregoing, the PARTIES specifically stipulate and agree that
the Tolling Period will be considered not part of the time limited under the California Tort
Claims Act for commencing a court action or suit on the CLAIM or on any cause of action
against the CITY for which the CLAIMANT are required to present a CLAIM in accordance
with the California Tort Claims Act.
3. The PARTIES stipulate and agree that the time in which the CLAIMANT must
commence a court action or suit on the CLAIM or any cause of action described by the CLAIM,
including without limitation the time prescribed by a Rejection Letter, by Government Code
Section 913, and/or by Government Code Section 945.6, is and are extended to and including
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July 15, 2001.
4. The PARTIES further stipulate and agree that each stipulation and agreement
contained herein is independent of the others, and if any such stipulation or agreement is later
found to be illegal, unenforceable or void, for any reason, the other stipulations and
agreements shall remain in full force and effect.
5. This Stipulation and Agreement may be executed in counterparts with the same
effect as if all original signatures were placed on one (1) document, and all of which together
shall be one (1) and the same Agreement.
DATED: January 19, 1999 CITY OF,SAN JUAN CAPISTRANO
APPROVED AS TO FORM:
By:
John R.Yhaw, City Attorney
z
Greiner,
DNUA QUINN
rEER QF OCA <;)(j iu I-)
0
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easement within Lot 13 of Tract 13846 and approving the quitclaim of the existing
recreational trail easement in order to reflect the "as -built" circumstances:
RESOLUTION NO. 99-1-19-2, APPROVING EXCHANGE OF
RECREATIONAL TRAIL EASEMENTS - LOT 13. TRACT 13846
(BRAKKE) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN
EXCHANGE OF RECREATIONAL TRAIL EASEMENTS WITHIN LOT
TRACT 13846 - 30729 PASEO ELEGANCIA (JAMES AND GLENYS
The City Cler"as directed to forward the Easement and Quitclaim Deeds to the Orange
County Recorder\
1L 50 0.101
As set forth in the Report
Building, the City's particii
South East Regional Reclat
at a cost of S 1,267.
January 19, 1999, from the Director of Engineering and
in the Orange County Water Plan, under the auspices of the
Authority, was approved, with the City's portion allocated
As set forth in the Report dated January 19,1999, from the City Manager, the following
Resolution opposing interim air cargo lights at the Marine Corps Air Station, El Toro, was
adopted:
OPERATIONS - A RESOLUTION OF THE CN
CITY OF SAN JUAN
INTERIM AIR CARGO
STATION, EL TORO
CAPISTRANO, CALI
OPERATIONS AT THE
COUNCIL OF THE
RNIA, OPPOSING
BRINE CORPS AIR
AND SANDRA R. HOYAL FOR DAMAGES (170.101
As set forth in the Report dated January 19, 1999, from the City Attorney, th Claim of
Margaret J. Rozbicka, Raymond G. Hoyal and Sandra R. Hoyal for property amage
allegedly sustained from a November 19, 1997 landslide, was denied.
9. APPROVAL OF TOLLING AGREEMENTS - QUINN, CURTIS (MEREDITH
CANYON) (600.301
T
As set forth in the report dated Jancary 19, 1999, from the City Attorney, the tolling
agreement between the City, Linda Quinn and John Jay Curtis for the purpose of delaying
City Council Minutes
-4-
1/19/99
0 0
until January 15, 2001 the time within which these property owners may file a legal claim
against the City in connection with the Meredith Canyon landslide was approved.
10. A REPORT OF INVESTMENTS - QUARTER ENDING DECEMBER 31, 1998
City Treasurer's Report of Investments for the quarter ending December 31, 1998, in the
\amount of $20,249,971.98, was ordered received and filed.
The following 1(em was removed from the Consent Calendar for the benefit of persons in the
audience.
(2)
(3)
(4)
Report dated Jiquary 19, 1999, from the Engineering and Building Director, advising
a petition requess g the speed humps had been received and recommending their
installation. A.
Letter dated January 13 1999, from Bill Rainwater, 27031 Calle Esperanza, opposing
installation of the spee4umps.
Letter dated January 13, 19�9, from Gordon W. Cammell, opposing installation of
the speed humps.
Letter received January 15, 1999 from
opposing installation of the speed hil�nps.
Betty Finigan, 26951 Calle Esperanza,
(5) Memorandum dated January 18, 1999, iiom the City Clerk, advising that post cards
of support had been received from 26 residents.
Public Input:
(1) Rosemary Theders, 26352 Calle Canto, spoke iA opposition to the proposed speed
humps.
(2) Peter Lawrence, 33752 Via de Agua, stated that the proposed speed humps were
supported by 100% of the adjacent residents. He adVjsed that Lt. Leonard was
working with the courts to allowing ticketing on Via de A\gua at less than 10 miles
per hour over the speed limit.
(3) Robert Brown, 33575 Via de Agua, spoke in opposition to 1�e proposed speed
humps, stating that 100% of the adjacent residents consisted of oly 4 houses.
(4) Larry Gallery, 33912 Via de Agua, advised he represented 9 adjacent p perty owners
and spoke in support of the proposed installation due to concerns for sa ety relating
to speed, curves on the street, lack of a sidewalk, and a 7% slope. x
City Council Minutes
-5-
1/1
AGENDA ITEM January 19, 1999
TO: George Scarborough, City Manager
FROM: John R. Shaw, City Attorney
SUBJECT: Consideration of Tolling Agreements -- Quinn, Curtis (Meredith Canyon)
RECOMMENDATION:
Move to approve tolling agreements between the City, Linda Quinn and John Jay
Curtis for the purpose of delaying the time within which these property owners may
file a legal claim against the City in connection with the recent Meredith Canyon slide
condition.
BA KGROUND•
On October 23, 1998, the City Council approved a tolling agreement between the City and
certain parties in regard to the Gordon Cammell v. SJD Partners litigation. The litigation was
filed by certain homeowners in the area of the Meredith Canyon landslide against the
developer, SJD Partners Ltd. The City of San Juan Capistrano has not been brought into that
litigation at this point in time.
The tolling agreement deferred the legal deadline for filing of a claim against the City for
a three-year period, or until January 15, 2001.
Linda Quinn and John Jay Curtis are homeowners in the area of the landslide. They have
approached this office and requested a similar tolling agreement for their properties. Since
the City has made this accommodation to other parties, I recommend we do so here.
COMMISSIONBOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
FINANCIAL CONSIDERATIONS:
Not applicable.
FOR CITY COUNCIL AGENQ!`
J /(0
f:
Agenda Item -2- January 19, 1999
ALTERNATE ACTIONS:
1. Do not approve the tolling agreement.
2. Direct staff to provide additional information.
RECOMMENDATION:
Move to approve the tolling agreements and authorize the Mayor to execute same.
Respectfully submitted,
JO R SHAW
Ci Attorney
Attachment: Tolling Agreements
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In the Matter of
•
BEFORE THE CITY COUNCIL
CITY OF SAN JUAN CAPISTRANO
GORDON WALLACE CAMMELL and
KATHLEEN FAY CAMMELL, Individually and
as Co -Trustees of the CAMMELL FAMILY
TRUST; CAMMELL FAMILY TRUST;
RICHARD DANSON and ELAINE T. DANSON;
DAVID D. DeHAAS and MARIA D. DeHAAS;
STEPHEN J. HANTEN and LAURIE HANTEN;
MICHAEL L. HEINZ and DIANE C. HEINZ;
RAHIM KARJOO; LISA WENLIN KUO, KUAN
CHU KUO and FANG -LAN WANG KUO;
JAMES O. LEE and MARIAN L. LEE,
Individually and as Co -Trustees of the LEE
FAMILY TRUST; LEE FAMILY TRUST;
ROBERT J. MIKOLAJCZAK and CATHERINE
L. MIKOLAJCZAK, Individually and as Co -
Trustees of the ROBERT J. MIKOLAJCZAK and
CATHERINE L. MIKOLAJCZAK
REVOCABLE LIVING TRUST; ROBERT J.
MIKOLAJCZAK and CATHERINE L.
MIKOLAJCZAK REVOCABLE LIVING
TRUST; RONALD B. MURR and JANET
MURK; PAUL R. PRINCE and MYRNA M.
PRINCE; STEVEN W. ROSEN, Individually and
as General Partner of J W and S LTD., A
California Limited Partnership; BRETTON E.
TROWBRIDGE and REBECCA
TROWBRIDGE, and YASUYUKI
YAMAGUCHI and IKUYO YAMAGUCHI,
vs.
CITY OF SAN JUAN CAPISTRANO
H:\NO MPLEAMTOLLING.AGR
STIPULATION AND AGREEMENT
TOLLING AND EXTENDING TIME TO
COMMENCE LITIGATION
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This Stipulation and Agreement is between the CITY OF SAN JUAN CAPISTRANO
(hereinafter called "CITY"), on the one hand, and GORDON WALLACE CAMMELL and
KATHLEEN FAY CAMMELL, Individually and as Co -Trustees ofthe CAMMELL FAMILY TRUST;
CAMMELL FAMILY TRUST; RICHARD DANSON and ELAINE T. DANSON, DAVID D. DeHAAS
and MARIA D. DeHAAS; STEPHEN J. HANTEN and LAURIE HANTEN; MICHAEL L. HEINZ and
DIANE C. HEINZ; RAHIM KARJOO; LISA WENLIN KUO, KUAN CHU KUO and FANG -LAN
WANG KUO; JAMES O. LEE and MARIAN L. LEE, Individually and as Co -Trustees of the LEE
FAMILY TRUST; LEE FAMILY TRUST; ROBERT J. MIKOLAJCZAK and CATHERINE L.
MIKOLAJCZAK, Individually and as Co -Trustees of the ROBERT J. MIKOLAJCZAK and
CATHERINE L. MIKOLAJCZAK REVOCABLE LIVING TRUST; ROBERT J. MIKOLAJCZAK and
CATHERINE L. MIKOLAJCZAK REVOCABLE LIVING TRUST; RONALD B. MURR and JANET
MURK; PAUL R. PRINCE and MYRNA M. PRINCE; STEVEN W. ROSEN, Individually and as
General Partner of J W and S LTD., A California Limited Partnership; BRETTON E. TROWBRIDGE
and REBECCA TROWBRIDGE; and YASUYUKI YAMAGUCHI and IKUYO YAMAGUCHI,
(hereinafter called "CLAIMANTS"), on the other hand, who stipulate and agree as follows:
1. This Stipulation and Agreement is made with reference to the following recitals of
fact and objective:
A. On or about May 21, 1998 a landslide occurred on property owned by CITY,
by certain of the CLAIMANTS, and others located at Meredith Canyon adjacent to Tract 14196 in the
County of Orange, City of San Juan Capistrano.
B. On or about July 15, 1998 CLAEgANTS filed suit in Orange County Superior
Court, Case Number 796957, and on or about November 3, 1998, CLAIMANTS filed their First
Amended Complaint against certain PARTIES, not including CITY, on issues relevant to the landslide
and damages of CLAIMANTS.
C. CLAIMANTS have not filed claims against governmental agencies. Each of
the CLAIMANTS have until November 20, 1998 to file their respective "Claim For Damages"
(hereinafter called "CLAIM') with the CITY. If the CLAIMS are rejected, then each of the
CLAIMANTS would have six months from the date of said rejection to file a court action on the
11:\98012\PLEAMTOLLING.AGR 2
E
171
1 CLAIM.
2 D. The matters at issue with respect to the CLAIM are currently in litigation
3 between the CLAIMANTS, as Plaintiffs, and SJD PARTNERS LTD.; SID DEVELOPMENT
4 CORPORATION, a California corporation; SUNCAL COMPANIES, a Division of CWC, Inc.;
5 PACIFIC POINT PARTNERS, L.P.; ONE CHESTNUT INC., a Delaware corporation; CWC,
6 INC., a California corporation; SEMNA CORPORATION, a California corporation, ZEISER
7 KLING CONSULTANTS, INC., a California corporation; LEIGHTON & ASSOCIATES, INC., a
8 Califomia corporation; EBENSTEINER AND COMPANY, a California corporation; and DOES 1-
9 500, as Defendants in an action currently pending before the Orange County Superior Court bearing
10 Case Number 796957 (hereinafter called "LITIGATION").
11 E. The LITIGATION may determine certain material issues affecting the
12 CLAIM, and the determination of the LITIGATION may obviate litigation regarding the CLAIM.
13 F. To allow more time for determination of the LITIGATION, the CITY and the
14 CLAIMANTS (hereinafter called "PARTIES" collectively) agree that the limitation period established
15 by the California Tort Claims Act, will be tolled and extended on the basis set forth ;n this Stipulation
16 and Agreement.
17 G. The PARTIES agree that the CLAIMANTS, and each of them, are relying on
18 this Stipulation and Agreement in withholding a court action or suit on the CLAIM until July 15, 2001;
19 and notwithstanding the foregoing, the CITY fiuther agrees that the CLAIMANTS, and each of them,
20 are not required by this Stipulation and Agreement to withhold a court action or suit for said period.
21 2. The PARTIES stipulate and agree that any and all time periods in which the
22 CLAIMANTS must act or may perform any act pursuant to the "California Tort Claims Act"
23 (Government Code §§ 810-996.6), and in particular pursuant to Government Code §§ 910.6, 911.2,
24 913, and/or 945.6, are and will be tolled during the period from and including May 21, 1998, to
25 midnight, January 15, 2001 (hereinafter called "Tolling Period"); and without limitation as to the
26 foregoing, the PARTIES specifically stipulate and agree that the Tolling Period will be considered not
27 part of the time limited under the California Tort Claims Act for commencing a court action or suit on
28 the CLAIM or on any cause of action against the CITY for which the CLAIMANTS are required to
HA98012TLEAMTOLLING.AGR 3
0
0
I present a CLAIM in accordance with the California Tort Claims Act.
2 3. The PARTIES stipulate and agree that the time in which the CLAIMANTS must
3 commence a court action or suit on the CLAIM or any cause of action described by the CLAIM,
4 including without limitation the time prescribed by a Rejection Letter, by Government Code § 913,
5 and/or by Government Code § 945.6, is and are extended to and including July 15, 2001.
6 4. The PARTIES further stipulate and agree that each stipulation and agreement
7 contained herein is independent of the others, and if any such stipulation or agreement is later found
8 to be illegal, unenforceable, or void, for any reason, the other stipulations and agreements shall remain
9 in full force and effect.
10 5. This Agreement may be executed in counterparts with the same effect as if all original
11 signatures were placed on one (1) document, and all of which together shall be one (1) and the same
12 Agreement.
13
14 Dated: CITY OF SAAI�AI O
15
16 B
Gi o
17 ne ayor
18 APPROVED AS TO FORM:
19
20 Dated: I l L 4g JOHN SHAW, San Juan Capistrano, City Attorney
21
22
23 By. John Ahaw
24 San Van Capistrano, City Attorney
25
Dated: GORDON WALLACE CAMMELL
26
27
28 By
Gordon Wallace Cammell
HA98012\PLEAD\T0LLING.AGR 4
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Dated:
KATHLEEN FAY CAMMELL
2
3
By:
Kathleen Fay CanHnell
4
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Dated:
RICHARD DANSON
6
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By:
8
Richard Danson
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Dated:
ELAINE T. DANSON
11
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By:
Elaine T. Danson
13
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Dated:
DAVID D. DeHASS
15
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By:_
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David D. DeHass
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Dated:
MARIA DeHASS
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By:
Maria D. DeHass
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Dated:
STEPHEN J. HANTEN
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By:
26
Stephen J. Hanten
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HA98012\PLEAD\TOLLING.AGR
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0 0
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Dated:
LAURIE HANTEN
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By:
Laurie Hanten
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Dated:
MICHAEL L. HEINZ
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By:
8
Michael L. Heinz
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DIANE C. HEINZ
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By:
Diane C. Heinz
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Dated:
RAHIM KARJOO
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By:_
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Rahim KARJOO
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Dated:
LISA WENLIN KUO
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By:
Lisa Wenlin Kuo
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Dated:
KUAN CHU KUO
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By:
26
Kuan Chu Kuo
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Dated:
FANG -LAN WANG KUO
2
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By:
Fang -Lan Wang Kuo
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Dated:
JAMES O. LEE
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By:
8
James O. Lee
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Dated:
MARIAN L. LEE
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By:
Marian L. Lee
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Dated:
ROBERT J. MIKOLAJCZAK
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By:_
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Robert J. Mikolajczak
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Dated:
CATHERINE L. MIKOLAJCZAK
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By:
Catherine L. Mikolajczak
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Dated:
RONALD B. MURR
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By:
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Ronald B. Muff
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Dated:
JANET MURR
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By:
Janet Murr
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Dated:
PAUL R. PRINCE
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By:
8
Paul R. Prince
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Dated:
MYRNA M. PRINCE
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By:
Myrna M. Prince
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Dated:
STEVEN W. ROSEN
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By:
17
Steven W. Rosen
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Dated:
BRETTON E. TROWBRIDGE
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By:
Bretton E. Trowbridge
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Dated:
REBECCA TROWBRIDGE
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By:
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Rebecca Trowbridge
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0 a
�i : Y•IY:I�[yY11YKili1�[iLi_i
CITY OF SAN JUAN CAPISTRANO
In the Matter of
GORDON WALLACE CAMMELL and
KATHLEEN FAY CAMMELL, Individually and
as Co -Trustees of the CAMMELL FAMILY
TRUST; CAMMELL FAMILY TRUST;
RICHARD DANSON and ELAINE T. DANSON;
DAVID D. DeHAAS and MARIA D. DeHAAS;
STEPHEN J. HANTEN and LAURIE HANTEN;
MICHAEL L. HEINZ and DIANE C. HEINZ;
RABIM KARJOO; LISA WENLIN KUO, KUAN
CHU KUO and FANG -LAN WANG KUO;
JAMES O. LEE and MARIAN L. LEE,
Individually and as Co -Trustees of the LEE
FAMILY TRUST; LEE FAMILY TRUST;
ROBERT J. MIKOLAJCZAK and CATHERINE
L. MII{OLAJCZAK, Individually and as Co -
Trustees of the ROBERT J. MIKOLAJCZAK and
CATHERINE L. MIKOLAJCZAK
REVOCABLE LIVING TRUST; ROBERT J.
MIKOLAJCZAK and CATHERINE L.
MIKOLAJCZAK REVOCABLE LIVING
TRUST; RONALD B. MURR and JANET
MURK; PAUL R. PRINCE and MYRNA M.
PRINCE; STEVEN W. ROSEN, Individually and
as General Partner of J W and S LTD., A
California Limited Partnership; BRETTON E.
TROWBRIDGE and REBECCA
TROWBRIDGE; and YASUYUKI
YAMAGUCHI and IKUYO YAMAGUCHI,
vs.
CITY OF SAN JUAN CAPISTRANO
H: \98012\PLEAD\TOLLING. AGR
STIPULATION AND AGREEMENT
TOLLING AND EXTENDING TIME TO
COMMENCE LITIGATION
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0
This Stipulation and Agreement is between the CITY OF SAN JUAN CAPISTRANO
(hereinafter called "CITY"), on the one hand, and GORDON WALLACE CAMMELL and
KATHLEEN FAY CAMMELL, Individually and as Co -Trustees of the CAMMELL FAMILY TRUST,
CAMMELL FAMILY TRUST; RICHARD DANSON and ELAINE T. DANSON; DAVID D. DeHAAS
and MARIA D. DeHAAS; STEPHEN J. HANTEN and LAURIE HANTEN; MICHAEL L. HEINZ and
DIANE C. HEINZ; RAHIM KARJOO; LISA WENLIN KUO, KLAN CHU KUO and FANG -LAN
WANG KUO; JAMES O. LEE and MARIAN L. LEE, Individually and as Co -Trustees of the LEE
FAMILY TRUST, LEE FAMILY TRUST; ROBERT J. MIKOLAJCZAK and CATHERINE L.
MIKOLAJCZAK, Individually and as Co -Trustees of the ROBERT J. MIKOLAJCZAK and
CATHERINE L. MIKOLAJCZAK REVOCABLE LIVING TRUST; ROBERT J. MIKOLAJCZAK and
CATHERINE L. MIKOLAJCZAK REVOCABLE LIVING TRUST; RONALD B. MURR and JANET
MURR; PAUL R. PRINCE and MYRNA M. PRINCE; STEVEN W. ROSEN, Individually and as
General Partner of J W and S LTD., A California Limited Partnership; BRETTON E. TROWBRIDGE
and REBECCA TROWBRIDGE; and YASUYUKI YAMAGUCHI and IKUYO YAMAGUCHI,
(hereinafter called "CLAIMANTS"), on the other hand, who stipulate and agree as follows:
1. This Stipulation and Agreement is made with reference to the following recitals of
fact and objective:
A. On or about May 21, 1998 a landslide occurred on property owned by CITY,
by certain of the CLAIMANTS, and others located at Meredith Canyon adjacent to Tract 14196 in the
County of Orange, City of San Juan Capistrano.
B. On or about July 15, 1998 CLAIMANTS filed suit in Orange County Superior
Court, Case Number 796957, and on or about November 3, 1998, CLAIMANTS filed their First
Amended Complaint against certain PARTIES, not including CITY, on issues relevant to the landslide
and damages of CLAIMANTS.
C. CLAIMANT'S have not filed claims against governmental agencies. Each of
the CLAIMANTS have until November 20, 1998 to file their respective "Claim For Damages"
(hereinafter called "CLAIM") with the CITY. If the CLAIMS are rejected, then each of the
CLAIMANTS would have six months from the date of said rejection to file a court action on the
HA98012TLEAMTOLLING.AGR 2
1
2
3
4
5
6
7
8
9
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18
19
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25
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27
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CLAIM,
0 0
D. The matters at issue with respect to the CLAIM are currently in litigation
between the CLAIMANTS, as Plaintiffs, and SJD PARTNERS LTD.; SJD DEVELOPMENT
CORPORATION, a California corporation; SUNCAL COMPANIES, a Division of CWC, Inc.;
PACIFIC POINT PARTNERS, L.P.; ONE CHESTNUT INC., a Delaware corporation; CWC, INC.,
a California corporation; SEMNA CORPORATION, a California corporation; ZEISER KLING
CONSULTANTS, INC., a California corporation; LEIGHTON & ASSOCIATES, INC., a California
corporation; EBENSTEINER AND COMPANY, a California corporation; and DOES 1-500, as
Defendants in an action currently pending before the Orange County Superior Court bearing Case
Number 796957 (hereinafter called "LITIGATION').
E. The LITIGATION may determine certain material issues affecting the
CLAIM, and the determination of the LITIGATION may obviate litigation regarding the CLAIM.
F. To allow more time for determination of the LITIGATION, the CITY and the
CLAIMANTS (hereinafter called "PARTIES" collectively) agree that the limitation period established
by the California Tort Claims Act, will be tolled and extended on the basis set forth in this Stipulation
and Agreement.
G. The PARTIES agree that the CLAIMANTS, and each of them, are relying on
this Stipulation and Agreement in withholding a court action or suit on the CLAIM until July 15, 2001;
and notwithstanding the foregoing, the CITY further agrees that the CLAIMANTS, and each of them,
are not required by this Stipulation and Agreement to withhold a court action or suit for said period.
2. The PARTIES stipulate and agree that any and all time periods in which the
CLAIMANTS must act or may perform any act pursuant to the "California Tort Claims Act"
(Government Code §§ 810-996.6), and in particular pursuant to Government Code §§ 910.6, 911.2,
913, and/or 945.6, are and will be tolled during the period from and including May 21, 1998, to
midnight, January 15, 2001 (hereinafter called "Tolling Period"); and without limitation as to the
foregoing, the PARTIES specifically stipulate and agree that the Tolling Period will be considered not
part of the time limited under the California Tort Claims Act for commencing a court action or suit on
the CLAIM or on any cause of action against the CITY for which the CLAIMANTS are required to
HA98012TLEAMTOLLING.AGR 3
I present a CLAIM in accordance with the California Tort Claims Act.
2 3. The PARTIES stipulate and agree that the time in which the CLAIMANTS must
3 commence a court action or suit on the CLAIM or any cause of action described by the CLAIM,
4 including without limitation the time prescribed by a Rejection Letter, by Government Code § 913,
5 and/or by Government Code § 945.6, is and are extended to and including July 15, 2001.
6 4. The PARTIES further stipulate and agree that each stipulation and agreement
7 contained herein is independent of the others, and if any such stipulation or agreement is later found
8 to be illegal, unenforceable, or void, for any reason, the other stipulations and agreements shall remain
9 in full force and effect.
10 5. This Agreement may be executed in counterparts with the same effect as if all original
I I signatures were placed on one (1) document, and all of which together shall be one (1) and the same
12 Agreement.
13
14 Dated: CITY OF SAN IS O
15
i
16 y:
Gi nes, ayor
17
18 APPROVED AS TO FORM:
19
20 Dated: It��L��IrO JOHN SHAW, San Juan Capistrano, City Attorney
21
22
By:
23 Joq Shaw
San Juan Capistrano, City Attorney
24
25
26 Dated: GORDON WALLACE CAMMELL
27 r-
By,et1S.;
28 Gordon Wallace Cammell
1
Dated: `-
KATHLEEN FAY CAMMELL
2
Kathleen Fay Cammell
4
5
Dated:
RICHARD DANSON
6
7
By:
8
Richard Danson
9
10
Dated:
ELAINE T. DANSON
11
12
By:
Elaine T. Danson
13
14
Dated:
DAVID D. DeHASS
15
16
By
17
David D. DeHass
18
19
Dated:
MARIA DeHASS
20
21
By:
Maria D. DeHass
22
23
Dated:
STEPHEN J. HANTEN
24
25
By:
26
Stephen J. Hanten
27
28
1
Dated:
KATHLEEN FAY CAMMELL
2
3
By:
Kathleen Fay Cannell
4
5
�O
Dated: �/`r
RICHARD DANSON
6
7
By_
8
Richard Danson
9
� c,
10
Dated: eel`G /
ELAINE T. DANSON
11
12
By:
Laine T. Danson
13
14
Dated:
DAVID D. DeHASS
15
16
By:
17
David D. DeHass
18
19
Dated:
MARIA DeHASS
20
21
By._
Maria D. DeHass
22
23
Dated:
STEPHEN J. HANTEN
24
25
By:
26
Stephen J. Hanten
27
28
1
Dated:
KATHLEEN FAY CAMMELL
2
3
By
Kathleen Fay Cammell
4
5
Dated:
RICHARD DANSON
6
7
By.
8
Richard Danson
9
10
Dated:
ELAINE T. DANSON
11
12
By;
Elaine T. Danson
13
14
Dated: �� �(
DAVID D. DeHASS
15
16
%
By: ,
17
Dav(d D. De ass
18
19
Dated: - �l `
MARIA DeHASS
20
21
1/4
By: /k-ktt6-
Maria D. DeHass
22
23
Dated:
STEPHEN J. HANTEN
24
25
By:
26
Stephen J. Hanten
27
28
I Dated: KATHLEEN FAY CAMMELL
2
3 By:
Kathleen Fay Cammell
4
5
Dated: RICHARD DANSON
6
7
By:
8 Richard Danson
9
10 Dated: ELAINE T. DANSON
11
12 By:
Elaine T. Danson
13
14
Dated: DAVID D. DeHASS
15
16
By:
17 David D. DeHass
18
19 Dated: MARIA DeHASS
20
21 By:
Maria D. DeHass
22
23
Dated:J:52-tkyq STEPHEN J. HANTEN
24
25
By:
26 S e
27
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Dated:
LAURIE HANTEN
2
4` -" -k
3
By: ..._.
Laurie Hanten
4
5
Dated:
MICHAEL L. HEINZ
6
7
By:
8
Michael L. Heinz
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10
Dated:
DIANE C. HEINZ
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By:
Diane C. Heinz
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14
Dated:
RAHI I KARJOO
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By:
17
Rahim KARJOO
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Dated:
LISA WENLIN KUO
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21
By:
Lisa Wenlin Kuo
22
23
Dated:
KUAN CHU KUO
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By:
26
Kuan Chu Kuo
27
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0—
I
Dated:
LAURIE HANTEN
2
3
By:
Laurie Hanten
4
5
Dated: %'
MICHAEL L. HEINZ
6
7
By:
8
Michael L. Heinz
9
10
Dated:
DIANE C. HEINZ
11
12
By:
i C. He
13
14
Dated:
RAHIM KARJOO
15
16
By:_
17
Rahim KARJOO
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19
Dared:
LISA WENLIN KUO
20
21
By:
Lisa Wenlin Kuo
22
23
Dated:
KU.AN CHU KUO
24
25
By:
26
Kuan Chu Kuo
27
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8-21-1995 4:40AM FROM
08/08/99 14:58 FAX 949+833+5
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Dated: _
Dated:
Dated: O `I
H:)9Wl2lPLFA \TOLLII7GAQR
Kasdau Simonds •
LAURIE HANT T
By.
Laune en
MICHAEL L. HEIVZ
By:
Mchacl L franz
DIANE C. )HEINZ
BY=
C. Hdo�:
WJ uul
LISA WEKLIN KUO
By:
Lisa Wenlin Kuo
KUALA CHU XU0
By:
Kuo
1 Dated: LAURIE HANTEN
2
3 By:
Laurie Hanten
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Dated: MICHAEL L. HEINZ
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By:
8 Michael L. Heinz
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Diane C. Heinz
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Dated: RAHIM KARJOO
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By:_
17 Rahim KARJOO
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19 Dated: LISA W—E—N�LIN KUO
2 W ^S �—= =j
211 By: Il
Lisa Wenlm Kuo
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Dated: KUAN CHU KUO
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By:
26 Kuan Chu Kuo
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..nnamm V. r.e Ml I T r l C, erA 6
I Dated: LAURIE HAN'TEN
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3 By.
Laurie Hanten
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Dated: MICHAEL L. HEINZ
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8 By. Michael L. Heinz
9
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12 By:
Diane C. Heinz
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Dated: RAHIM KARJOO
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By:
17 Rahim KARJOO
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19 Dated: LISA WENLIN KUO
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21 By:
Lisa Wenlin Kuo
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Dated: `��� KUAN CHU KUO
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By:
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O.\ORnlll PI FATS\TI\I I M(. Af.R 6
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Dated:
FANG-LAN WANG KUO
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By:�" GfO
F -Lan Wang Kuo 1
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Dated:
JAMES O. LEE
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By:
8
James O. Lee
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Dated:
MARIAN L. LEE
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By:
Marian L. Lee
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Dated:
ROBERT J. MIKOLAJCZAK
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By:
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Robert J. Mikolajczak
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Dated:
CATHERINE L. MIKOLAJCZAK
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By:
Catherine L. Mikolajczak
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RONALD B. MURR
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Dated:
Dated:
Dated:
Dated:
0 -
FANG -LAN WANG KUO
By:
Fang -Lan Wang Kuo
JAMES O. LEL
By: _ ---
James 0. Lee
i
MARIAN L. LEE
By: I /Y
Marian L. Lee
ROBERT J. MIKOLAJCZAK
By:
Robert J. Mikolajczak
CATHERINE L. MIKOLAJCZAK
By:
Catherine L. Mikolajczak
By:
Ronald B. Murr
JUN -28-99 MON 02=40 PM
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Dated.
Dated:
Dated: _
949+833+9455
FANG -LAN WANG KUO
By:
Fang -Lan Wang Kuo
JAMES O. LEE
By:
James O. Lee
MARIAN L. LEE
By:
Marian L. Lee
ROBERT J. MJKOLAJCZAK
By.
Robert . ko Jcza
CATIERDTE L. MEOLAJCZr
,
By. 0 P%�
-Catherine L. Mikolalczak
RONALD B. MURR
By:
Ronald B. Murr
P.06
r
0^
IM
1
Dated:
FANG -LAN WANG KUO
2
3
By:
Fang -Lan Wang Kuo
4
5
Dated:
JAMES 0. LEE
6
7
Bv:
8
James 0. Lee
9
10
Dated:
MARIAN L. LEE
11
12
By:
Marian L. Lee
13
14
Dated:
ROBERT J. MIKOLAJCZAK
15
16
By:
17
Robert J. Mikolajczak
18
19
Dated:
CATHERINE L. MIKOLAJCZAK
20
21
By:
Catherine L. Mikolajczak
22
23
_
Dated: �' �� fl
RONALD B. MURR
24
25
By:
26
Ronald B. Murr
27
28
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1
2
3
4
S
6
7
9
10
11
12
13
14
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17
1$
19
20
21
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23
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25
26
27
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Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
Fl\►1�Y1�1:7
By:
Jane ri
vl.
PAUL R. PRINCE
By:
Paul R. Prince
MYRNA M. PRINCE
By:
Myrna M. Prince,
STEVEN W. ROSEN
By:
Steven W. Rosen
BRETTON E. TROWBRIDGE
By:
Bretton E. Trowbridge
REBECCA TROWBRIDGE
By:
Rebecca Trowbridge
1
2
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Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
JANET MURR
By:
Janet Murr
PAUL R. PRINCE
By:
Paui R. Prince
MYRNA M. PRINCE
By:
Myrna M. Prince
STEVEN W.ROSEN
By:
Steven W. Rosen
BRETTON E. TROWBRIDGE
I
REBECCA TROWBRIDGE
By.
Rebecca owbri., e
3
4
6
7
10
lI
L2
13
14
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18
19
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28
E
Dated:.....
Dated: /
gf
APPROVED AS TO FORM:
Dated:
0
YASUYUKI YAMAGUCHI
By:su
�y ,
1KUYO YAMAGUCHI
KASDAN, SIMONDS, McINTYRE,
EPSTEIN & MARTIN
By:
Kenn . eth S. Kasdan
Attorneys for Claimants,
GORDON WALLACE CAMMEL.L and
KATHLEEN FAY CAMbAELLL, Individually
and as Co -Trustees of the CAMMEL.L
FAMILY TRUST; CANDAELL FAMILY
TRUST; RICHARD DANSON and ELAINE T.
DANSON; DAVID D. DeHAAS and MARIA
D. DeHAAS; STEPHEN J. HANTEN and
LAURIE HANTEN; MICHAEL L. HEINZ and
DIANE C. HEINZ; RAI -UM KARJOO; LISA
W ENLIN KUO, KUAN CHU KUO and
FANG -LAN WANG KUO; JAMES O. LEE
and MARIAN L. LEE, Individually and as Co -
Trustees of the LEE FAMILY TRUST; LEE
FAMILY TRUST; ROBERT J.
MIKOLAJCZAK and CATHERINE L.
MIKOLAJCZAK, Individually and as Co -
Trustees of the ROBERT J. MIKOLAJCZAK
and CATHERINE L. MIKOLAJCZAK
REVOCABLE LIVING TRUST; ROBERT J.
MIKOLAJCZAK and CATHERINE L.
MIKOLAJCZAK REVOCABLE LIVING
TRUST; RONALD B. MURR and JANET
MURR; PAUL R. PRINCE and MYRNA M.
PRINCE; STEVEN W. ROSEN, Individually
and as General Partner of J W and S LTD., A
California Limited Partnership; BRETTON E.
TROWBRIDGE and REBECCA
TROWBRIDGE, and YASUYUKI
YAMAGUCHI and IKUYO YAMAGUCHI,
2
rd
10
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0 0
Dated: YASUYUKI YAMAGUCHI
By:
Yasuyuki Yamaguchi
Dated: IKUYO YAMAGUCHI
By:_
Ikuyo Yamaguchi
APPROVED AS TO FORM:
Dated: KASDAN, SIMONDS, McINTYRE,
EPSTEIN & MARTIN
H: \98012TLEAMTOLLING. AGR
By:`'�
Kenneth S. Kasdan
Attorneys for Claimants,
GORDON WALLACE CAMMELL and
KATHLEEN FAY CAMMELL, Individually
and as Co -Trustees of the CAMMELL
FAMILY TRUST; CAMMELL FAMILY
TRUST; RICHARD DANSON and ELAINE T.
DANSON; DAVID D. DeHAAS and MARIA
D. DeHAAS; STEPHEN J. HANTEN and
LAURIE HANTEN; MICHAEL L. HEINZ and
DIANE C. HEINZ; RAHIM KARJOO; LISA
WENLIN KUO, KLAN CHU KUO and
FANG -LAN WANG KUO; JAMES O. LEE
and MARIAN L. LEE, Individually and as Co -
Trustees of the LEE FAMILY TRUST; LEE
FAMILY TRUST; ROBERT J.
MIKOLAJCZAK and CATHERINE L.
MIKOLAJCZAK, Individually and as Co -
Trustees of the ROBERT J. MII{OLAJCZAK
and CATHERINE L. MIKOLAJCZAK
REVOCABLE LIVING TRUST, ROBERT J.
MIKOLAJCZAK and CATHERINE L.
MIKOLAJCZAK REVOCABLE LIVING
TRUST; RONALD B. MURR and JANET
MURR; PAUL R. PRINCE and MYRNA M.
PRINCE; STEVEN W. ROSEN, Individually
and as General Partner of J W and S LTD., A
California Limited Partnership; BRETTON E.
TROWBRIDGE and REBECCA
TROWBRIDGE; and YASUYUKI
YAMAGUCHI and IKUYO YAMAGUCHI,
2
3
4
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BEFORE THE CITY COUNCIL
CITY OF SAN JUAN CAPISTRANO
In the Matter of
GORDON WALLACE CAMMELL and
KATHLEEN FAY CAMMELL, Individually and
as Co -Trustees of the CAMMELL FAMILY
TRUST; CAMMELL FAMILY TRUST;
RICHARD DANSON and ELAINE T. DANSON;
DAVID D. DeHAAS and MARIA D. DeHAAS;
STEPHEN J. HANTEN and LAURIE HANTEN;
MICHAEL L. HEINZ and DIANE C. HEINZ;
RAHIM KARJOO; LISA WENLIN KUO, KUAN
CHU KUO and FANG -LAN WANG KUO;
JAMES 0. LEE and MARIAN L. LEE,
Individually and as Co -Trustees of the LEE
FAMILY TRUST; LEE FAMILY TRUST;
ROBERT J. MIKOLAJCZAK and CATHERINE
L. MIKOLAJCZAK, Individually and as Co -
Trustees of the ROBERT J. MIKOLAJCZAK and
CATHERINE L. MIKOLAJCZAK
REVOCABLE LIVING TRUST; ROBERT J.
MIKOLAJCZAK and CATHERINE L.
MIKOLAJCZAK REVOCABLE LIVING
TRUST; RONALD B. MURR and JANET
MURK; PAUL R- PRINCE and MYRNA M.
PRINCE; STEVEN W. ROSEN, Individually and
as General Partner of J W and S LTD., A
California Limited Partnership; BRETTON E.
TROWBRIDGE and REBECCA
TROWBRIDGE; and YASUYUKI
YAMAGUCHI and IKUYO YAMAGUCHI,
vs.
CITY OF SAN JUAN CAPISTRANO
H:\98012\PLEAD\T0LL@]G.AGR
STIPULATION AND AGREEMENT
TOLLING AND EXTENDING TIME TO
COMMENCE LITIGATION
0
I This Stipulation and Agreement is between the CITY OF SAN JUAN CAPISTRANO
2 (hereinafter called "CITY"), on the one hand, and GORDON WALLACE CAMMELL and
3 KATHLEEN FAY CAMMELL, Individually and as Co -Trustees ofthe CAMMELL FAMILY TRUST;
4 CAMMELL FAMILY TRUST; RICHARD DANSON and ELAINE T. DANSON; DAVID D. DeHAAS
5 and MARIA D. DeHAAS; STEPHEN J. HANTEN and LAURIE HANTEN; MICHAEL L. HEINZ and
6 DIANE C. HEINZ; RAHIM KARJOO; LISA WENLIN KUO, KUAN CHU KUO and FANG -LAN
7 WANG KUO; JAMES O. LEE and MARIAN L. LEE, Individually and as Co -Trustees of the LEE
8 FAMILY TRUST; LEE FAMILY TRUST; ROBERT J. MIKOLAJCZAK and CATHERINE L.
9 MIKOLAJCZAK, Individually and as Co -Trustees of the ROBERT J. MIKOLAJCZAK and
10 CATHERINE L. MIKOLAJCZAK REVOCABLE LIVING TRUST; ROBERT J. MIKOLAJCZAK and
11 CATHERINE L. MIKOLAJCZAK REVOCABLE LIVING TRUST; RONALD B. MURR and JANET
12 MURR; PAUL R. PRINCE and MYRNA M. PRINCE; STEVEN W. ROSEN, Individually and as
13 General Partner of J W and S LTD., A California Limited Partnership; BRETTON E. TROWBRIDGE
14 and REBECCA TROWBRIDGE, and YASUYUKI YAMAGUCHI and IKUYO YAMAGUCHI,
15 (hereinafter called "CLAIMANTS"), on the other hand, who stipulate and agree as follows:
16 1. This Stipulation and Agreement is made with reference to the following recitals of
17 fact and objective:
18 A. On or about May 21, 1998 a landslide occurred on property owned by CITY,
19 by certain of the CLAIMANTS, and others located at Meredith Canyon adjacent to Tract 14196 in the
20 County of Orange, City of San Juan Capistrano.
21 B. On or about July 15, 1998 CLAIMANTS filed suit in Orange County Superior
22 Court, Case Number 796957, and on or about November 3, 1998, CLAIMANTS filed their First
23 Amended Complaint against certain PARTIES, not including CITY, on issues relevant to the landslide
24 and damages of CLAIMANTS.
25 C. CLAIMANTS have not filed claims against governmental agencies. Each of
26 the CLAIMANTS have until November 20, 1998 to file their respective "Claim For Damages"
27 (hereinafter called "CLAIM") with the CITY. If the CLAIMS are rejected, then each of the
28 CLAIMANTS would have six months from the date of said rejection to file a court action on the
11:\98012TLEADUOLUNG.AGR 2
0
I CLAIM.
2 D. The matters at issue with respect to the CLAIM are currently in litigation
3 between the CLAIMANTS, as Plaintiffs, and SID PARTNERS LTD.; SID DEVELOPMENT
4 CORPORATION, a California corporation; SUNCAL COMPANIES, a Division of CWC, Inc.;
5 PACIFIC POINT PARTNERS, L.P.; ONE CHESTNUT INC., a Delaware corporation; CWC,
6 INC., a California corporation; SEMNA CORPORATION, a California corporation; ZEISER
7 KLING CONSULTANTS, INC., a California corporation; LEIGHTON & ASSOCIATES, INC., a
8 California corporation; EBENSTEINER AND COMPANY, a California corporation; and DOES 1-
9 500, as Defendants in an action currently pending before the Orange County Superior Court bearing
10 Case Number 796957 (hereinafter called "LITIGATION").
11 E. The LITIGATION may determine certain material issues affecting the
12 CLAIM, and the determination of the LITIGATION may obviate litigation regarding the CLAIM.
13 F. To allow more time for determination of the LITIGATION, the CITY and the
14 CLAIMANT'S (hereinafter called "PARTIES" collectively) agree that the limitation period established
15 by the California Tort Claims Act, will be tolled and extended on the basis set forth in this Stipulation
16 and Agreement.
17 G. The PARTIES agree that the CLAIMANTS, and each of them, are relying on
18 this Stipulation and Agreement in withholding a court action or suit on the CLAIM until July 15, 2001;
19 and notwithstanding the foregoing, the CITY further agrees that the CLAIMANTS, and each of them,
20 are not required by this Stipulation and Agreement to withhold a court action or suit for said period.
21 2. The PARTIES stipulate and agree that any and all time periods in which the
22 CLAIMANTS must act or may perform any act pursuant to the "California Tort Claims Act"
23 (Government Code §§ 810-996.6), and in particular pursuant to Government Code §§ 910.6, 911.2,
24 913, and/or 945.6, are and will be tolled during the period from and including May 21, 1998, to
25 midnight, January 15, 2001 (hereinafter called "Tolling Period"); and without limitation as to the
26 foregoing, the PARTIES specifically stipulate and agree that the Tolling Period will be considered not
27 part of the time limited under the California Tort Claims Act for commencing a court action or suit on
28 the CLAIM or on any cause of action against the CITY for which the CLAIMANTS are required to
HA98012TLEAMTOLLING.AGR 3
1 present a CLAIM in accordance with the California Tort Claims Act.
2 3. The PARTIES stipulate and agree that the time in which the CLAIMANTS must
3 commence a court action or suit on the CLAIM or any cause of action described by the CLAIM,
4 including without limitation the time prescribed by a Rejection Letter, by Government Code § 913,
5 and/or by Government Code § 945.6, is and are extended to and including July 15, 2001.
6 4. The PARTIES further stipulate and agree that each stipulation and agreement
7 contained herein is independent of the others, and if any such stipulation or agreement is later found
8 to be illegal, unenforceable, or void, for any reason, the other stipulations and agreements shall remain
9 in full force and effect.
10 5. This Agreement may be executed in counterparts with the same effect as if all original
11 signatures were placed on one (1) document, and all of which together shall be one (1) and the same
12 Agreement.
13
14 Dated: I1�' 1� CITY OF SAN ISTRANO
15
16 y:
Jones, Mayor
17
18 APPROVED AS TO FORM:
19
20 Dated: JOHN SHAW, San Juan Capistrano, City Attorney
21
22
By:
23 John Shaw
San Juan Capistrano, City Attorney
24
25
Dated: GORDON WALLACE CAMMELL
26
27
28 By. Gordon Wallace Cammell
H:\98012\PLEAD\T0LLING.AGR 4
0
0
I
Dated:
KATHLEEN FAY CAMMELL
2
3
By:
Kathleen Fay Cannell
4
5
Dated:
RICHARD DANSON
6
7
By.
8
Richard Danson
9
10
Dated:
ELAINE T. DANSON
11
12
By:
Elaine T. Danson
13
14
Dated:
DAVID D. DeHASS
15
16
By:
17
David D. DeHass
18
19
Dated:
MARIA DeHASS
20
21
By:
Maria D. DeHass
22
23
Dated:
STEPHEN J. HANTEN
24
25
By.
26
Stephen J. Hanten
27
28
HA98012TLEADUOLLING.AGR
5
0 0
I
Dated:
LAURIE HANTEN
2
3
By:
Laurie Hanten
4
5
Dated:
MICHAEL L. HEINZ
6
7
By:
8
Michael L. Heinz
9
10
Dated:
DIANE C. HEINZ
11
12
By:
Diane C. Heinz
13
14
Dated:
RAHIM KARJOO
15
16
By:
17
Rahim KARJOO
18
19
Dated:
LISA WENLIN KUO
20
21
By:
Lisa Wenlin Kuo
22
23
Dated:
KUAN CHU KUO
24
25
By:
26
Kuan Chu Kuo
27
28
HA980MPLEAMTOLLING.AGR
6
9
1
Dated:
FANG -LAN WANG KUO
2
3
By:
Fang -Lan Wang Kuo
4
5
Dated:
JAMES O. LEE
6
7
By:
8
James O. Lee
9
10
Dated:
MARIAN L. LEE
11
12
By:
Marian L. Lee
13
14
Dated:
ROBERT J. MIKOLAJCZAK
15
16
By:
17
Robert J. Mikolajczak
18
19
Dated:
CATHERINE L. MIKOLAJCZAK
20
21
By:
Catherine L. Mikolajczak
22
23
Dated:
RONALD B. MURR
24
25
By:
26
Ronald B. Murr
27
28
HA98012TLEADUOLLING.AGR
7
0
E
1
Dated:
JANET MURR
2
3
By:
Janet Murr
4
5
Dated:
PAUL R. PRINCE
6
7
By:
8
Paul R. Prince
9
10
Dated:
MYRNA M. PRINCE
11
12
By:
Myrna M. Prince
13
14
Dated:
STEVEN W. ROSEN
15
16
By:
17
Steven W. Rosen
18
19
Dated:
BRETTON E. TROWBRIDGE
20
21
By:
Bretton E. Trowbridge
22
23
Dated:
REBECCA TROWBRIDGE
24
25
By:
26
Rebecca Trowbridge
27
28
H:\98012\PLEAD\T0LL1NG.AGR
8
0 0
1 Dated: YASUYUKI YAMAGUCHI
2
3 By:
4 Yasuyuki Yamaguchi
5
Dated: IKUYO YAMAGUCHI
6
7
By:
8 Ikuyo Yamaguchi
9
APPROVED AS TO FORM:
10
11 Dated: KASDAN, SIMONDS, McINTYRE,
EPSTEIN & MARTIN
12
13 By:
Kenneth S. Kasdan
14 Attorneys for Claimants,
GORDON WALLACE CAMMELL and
15 KATHLEEN FAY CAMMEi L, Individually
and as Co -Trustees of the CAMMELL
16 FAMILY TRUST; CAMMELL FAMILY
TRUST; RICHARD DANSON and ELAINE T.
17 DANSON; DAVID D. DeHAAS and MARIA
D. DeHAAS; STEPHEN J. HANTEN and
18 LAURIE HANTEN; MICHAEL L. HEINZ and
DIANE C. HEINZ; RAHIM KARJOO; LISA
19 WENLIN KUO, KUAN CHU KUO and
FANG -LAN WANG KUO; JAMES O. LEE
20 and MARIAN L. LEE, Individually and as Co -
Trustees of the LEE FAMILY TRUST; LEE
21 FAMILY TRUST; ROBERT J.
MIKOLAJCZAK and CATHERINE L.
22 MIKOLAJCZAK, Individually and as Co -
Trustees of the ROBERT J. MIKOLAJCZAK
23 and CATHERINE L. MIKOLAJCZAK
REVOCABLE LIVING TRUST; ROBERT J.
24 MIKOLAJCZAK and CATHERINE L.
MIKOLAJCZAK REVOCABLE LIVING
25 TRUST; RONALD B. MURK and JANET
MURR; PAUL R. PRINCE and MYRNA M.
26 PRINCE; STEVEN W. ROSEN, Individually
and as General Partner of J W and S LTD., A
27 California Limited Partnership; BRETTON E.
TROWBRIDGE and REBECCA
28 TROWBRIDGE; and YASUYUKI
YAMAGUCHI and IKUYO YAMAGUCHI,
H:\98012\PLEAD\TOLLING.AGR 9
354
"—e
91
L-1
40
ADOPTION OF RESOLUTION INITIATING GEOLOGIC HAZARD
ABATEMENT DISTRICT 98-1 FOR TENTATIVE TRACT 14196 AND SETTING
As se orth in the Report dated November 3, 1998, from the Director of Engineering and
Building, a following Resolutions declaring that the City is subject to the provision of
Public Reso ces Code, Division 17 "Geologic Hazard Abatement Districts;" and, setting a
time and date ublic hearing for formation of a geologic hazard abatement district were
adopted:
DISTRICTS" - A OLUTION OF THE CITY COUNCIL OF SAN JUAN
CAPISTRANO DEC G THAT THE CITY OF SAN JUAN
CAPISTRANO IS SUB CTTO THE PROVISION OF PUBLIC
RESOURCES CODE, D VISION 17, "GEOLOGIC HAZARD
ABATEMENT DISTRICTS"
1 Lo A 1 1U 0I L LL11V 1 V 1 1JA Il I 11� I 1TL 1V1 UJlI
PARTNERS, LTD) - A RESOLUTION O HE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, C IFORNIA, DECLARING
SUFFICIENCY OF PETITION, DIRECTING N ICE TO BE MAILED TO
THE PROPERTY OWNER AND SETTING A T E AND DATE FOR
PUBLIC HEARING FOR FORMATION OF A GE OGIC HAZARD
ABATEMENT DISTRICT PURSUANT TO THE REQ REMENTS OF
PUBLIC RESOURCES CODE OF THE STATE OF LIFORNIA,
DIVISION 17 "GEOLOGIC HAZARD ABATEMENT D TRICTS"
(TRACT 14196/SJD PARTNERS, LTD)
DAMAGES AND CONTRACT EXTENSION INCURRED (170.10)
As set forth in the Report dated November 3, 1998, from the City Attorney, the
claim in the amount of $900,000 was denied.
The following item was removed from the Consent Calendar at the request of Mayor Jones:
APPROVAL OF TOLLING AGREEMENT - GORDON CAMMELL V. SJD
PARTNERS LITIGATION (MEREDITH CANYON)(600.30)
Written Communications: T -
Report dated November 3, 1998, from the City Attorney, advising that homeowners affected
by the May 21, 1998, Meredith Canyon landslide have initiated litigation against SJD
Partners, Ltd, but have not included the City in the litigation at this point. The deadline for
City Council Minutes - 1-
II/3/98
2.
0
0
filing a formal claim against the City as a prerequisite to filing of a lawsuit is on or about
November 20, 1998. The homeowners have proposed deferring the legal deadline for
approximately 3 years. The Tolling Agreement presented for consideration provides that the
time period for action pursuant to the California Tort Claims Act will be tolled from and
including May 21, 1998, to midnight, January 15, 2001; and extends the time in which the
Claimants must commence a court action or lawsuit until July 15, 2001.
Approval of Alzreement:
It was moved by Council Member Hart, seconded by Council Member Greiner and
unanimously carried to approve the Tolling Agreement between the City and Gordon
Cammell, et al. The Mayor was authorized to execute the Agreement.
of proposed use of funds appropriated to the City from the COPS grant funds.
Applicant:
City of San Ju3g Capistrano.
Report dated Novem er 3, 1998, from the Chief of Police Services, recommending that the
City Council use the $ ,612.76 appropriated by the COPS fund to again pay for a portion
of the cost of the Deputy heriff added in the 1996-97 fiscal year.
Lt. Leonard, Chief of Police Sj:rvices, made an oral presentation.
Public Hearing:
Notice having been given as require by law, Mayor Jones opened the Public Hearing and
there being no further response, the P lic Hearing was declared closed.
Approval of Funds:
It was moved by Council Member Campbell a d seconded by Council Member Greiner and
unanimously carried that the use of the State COPS Grant Funds of $70,032.76 to again pay
for a portion of the cost of the Deputy Sheriff adde n the 1996-97 fiscal year be approved.
420.30
Proposal:
Consideration of a proposed solution to address the keeping of more an 3 adult dogs in a
residential district, provided the dogs had been licensed by the Oran County Animal
Control for at least one year prior to the application for an exception o rovided that
('ity Council Minutes -5- X19
0
AGENDA ITEM November 3, 1998
TO: George Scarborough, City Manager
FROM: John R. Shaw, City Attorney
SUBJECT: Consideration of Tolling Agreement -- Gordon Cammell v. SJD Partners
Litigation (Meredith Canyon)
RECOMMENDATION:
Move to approve tolling agreement between the City and Gordon Cammell, et al.
for the purpose of delaying the time within which property owners may file a legal
claim against the City in connection with the recent Meredith Canyon slide
condition.
BACKGROUND:
The Meredith Canyon slide, which recently occurred in part on City -owned open space
during the last El Nino storm, has resulted in litigation between certain homeowners in the
slide area and the developer, SJD Partners Ltd. However, the City of San Juan Capistrano
has not been brought into that litigation in this point in time.
Should the affected homeowners elect to sue the City, the filing of a formal claim against the
City with the City Clerk's Office is a legal prerequisite to the filing of a lawsuit against the
City. The legal deadline for filing such a claim with the City Clerk is on or about November
20, 1998.
The affected property owners have recently approached this office and suggested that this
November 20 deadline be deferred for a three-year period by entering into an appropriate
tolling agreement. The attached agreement would accomplish this purpose.
The benefit of the tolling agreement to the City is that, by deferring the statute of limitations
deadline of November, the property owners will not in all likelihood file any lawsuit against
the City in the near term. However, if the deadline were not deferred, then the property
owners would be forced to file a claim and lawsuit now to protect against the running of the
statute of limitations. This then would force the City to expend resources now to defend
such a lawsuit.
FOR CITY COUNCIL AGEN9*kUW � D/9
or
t 0 (0,
Agenda Item
-2- November 3, 1998
It is also possible that these owners may never find it necessary or appropriate to sue the City
during the tolling period.
Accordingly, I see no major downside in entering into the attached tolling agreement.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
FINANCIAL CONSIDERATIONS:
Not applicable.
ALTERNATE ACTIONS:
1. Do not approve the tolling agreement.
2. Direct staff to provide additional information.
RECOMMENDATION:
Move to approve the tolling agreement and authorize the Mayor to execute same
Respectfully submitted,
J P"
JOHN R. SHAW ` d>
City Attorney
Attachment: Tolling Agreement
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BEFORE THE CITY COUNCIL
CITY OF SAN JUAN CAPISTRANO
In the Matter of j STIPULATION AND AGREEMENT
TOLLING AND EXTENDING TIME
MARION MASEK and ELEANOR JUDSON ) TO COMMENCE LITIGATION
vs.
CITY OF SAN JUAN CAPISTRANO
This Stipulation and Agreement is between the CITY OF SAN JUAN CAPISTRANO
(hereinafter called "CITY"), on the one hand, and MARION MASEK and ELEANOR JUDSON,
(hereinafter called "CLAIMANTS") on the other hand, who stipulate and agree as follows:
1. This Stipulation and Agreement is made with reference to the following recitals
of fact and objective:
A. On or about May 21, 1998, a landslide occurred on property owned by
CITY, by certain of the CLAIMANTS, and others located at Meredith Canyon adjacent to Tract
14196 in the County of Orange, City of San Juan Capistrano.
B. On or about July 15, 1998, a lawsuit was filed in Orange County -Superior
Court Case Number 796957 between certain parties, not including CITY, on issues relevant
to the landslide and damages of CLAIMANTS.
C. CLAIMANTS have not filed claims against governmental agencies. Each
of the CLAIMANTS have until November 20, 1998 to file their respective "Claim for Damages"
(hereinafter called "CLAIM") with the CITY. If the CLAIMs are rejected, then each of the
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CLAIMANTS would have six months from the date of said rejection to file a court action on the
CLAIM.
D. The matters at issue with respect to the CLAIM are currently in litigation
pending before the Orange County Superior Court bearing Case Number 796957 (hereinafter
called "LITIGATION').
E. The LITIGATION may determine certain material issues affecting the
CLAIM, and the determination of the LITIGATION may obviate litigation regarding the CLAIM.
F. To allow more time for determination of the LITIGATION. the CITY and
the CLAIMANTS (hereinafter called "PARTIES" collectively) agree that the limitation period
established by the California Tort Claims Act will be tolled and extended on the basis set forth
in this Stipulation and Agreement.
G. The PARTIES agree that the CLAIMANTS, and each of them, are relying
on this Stipulation and Agreement in withholding a court action or suit on the CLAIM until July
15, 2001; and notwithstanding the foregoing, the CITY further agrees that the CLAIMANTS,
and each of them, are not required by this Stipulation and Agreement to withhold a court
action or suit for said period.
2. The PARTIES stipulate and agree that any and all time periods in which the
CLAIMANTS must act or may perform any act pursuant to the "California Tort Claims Act'
(Government Code Sections 810-996.6), and in particular pursuant to Government Code
Sections 910.6, 911.2, 913, and/or 945.6, are and will be tolled during the period from and
including May 21, 1998, to midnight, January 15, 2001 (hereinafter called "Tolling Period");
and without limitation as to the foregoing, the PARTIES specifically stipulate and agree that
the Tolling Period will be considered not part of the time limited under the California Tort
Claims Act for commencing a court action or suit on
against the CITY for which the CLAIMANTS are requir
with the California Tort Claims Act.
3. The PARTIES stipulate and agree that th
of action
ccordance
__ //lip-xiX C � tcfi
J 71�1NTS must
commence a court action or suit on the CLAIM or any cause u the CLAIM,
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0 0
including without limitation the time prescribed by a Rejection Letter, by Government Code
Section 913, and/or by Government Code Section 945.6, is and are extended to and including
July 15, 2001.
4. The PARTIES further stipulate and agree that each stipulation and agreement
contained herein is independent of the others, and if any such stipulation or agreement is later
found to be illegal, unenforceable or void, for any reason, the other stipulations and
agreements shall remain in full force and effect.
5. This Stipulation and Agreement may be executed in counterparts with the same
effect as if all original signatures were placed on one (1) document, and all of which together
shall be one (1) and the same Agreement.
DATED: //
APPROVED AS TO FORM:
By: 0 1z
Jon R. Sh Iw, City Attorney
CITY OF SAN JUAN CAPISTRANO
By: lit^.
ohn Greiner, Mayor
MARTOINMA EK
As set for in the Report dated DeCcmber 1. 1998. from the Director of Engineering and
Building, thcllcllllo«in,-, Resolution esutblishit-L a "No Parkin_ Trash Days (Fridays) 6:30
a.m. to 4:00 p.m. otv-:A%�ac Zone" on Calle Chucca was adopted:
RESOLUTIONNO. 98-12-1-6. ESTABLISHING "NO PARKING TRASH
DAYS" ZONE -,\LLE CHUECA -A RESOLUTION OF THE CITY
COUNCIL OF THE C Y OF SAN JUAN CAPISTRANO ESTABLISHING
A "NO PARKING TRAS DAYS 6:30 A.M. TO 4:00 P.M. TOW -AWAY
ZONE" ON CALLE CHUE
POLICE MOTORCYCLE (580.10)
As set forth in the Report dated December 1. 1998. fromNle Chief of Police Services, the bid
for the purchase of a 1998 Kawasaki KZ I OOOP Police M,3 cycle from VIP Motorcycles
Inc.. of Buena Park for $9.891.56 was awarded.
,- z APPROVAL OF TOLLING AGREEMENT - MASEK, JUDSON (MEREDITI_f
CANYON)(600�30)
As set forth it the Report dated December 1, 1998, from the City Attorney, the tolling
agreement between the City, Marion Masek and Eleanor Judson for the purpose of delaying
the time within- 1,ic'• these property owners may file a legal claim against the C:. i -til
January 15, 2001, in connection with the recent Meredith Canyon slide condition was
approved.
13. APPR(3ah61?F AGREEMENT FOR ANNUAL AUDIT SERVICES WITH
As set forth in the Report dated Decent 1998, from the Administrative Services
Director, the one-year agreement for Annual Audt rvices with Diehl, Evans & Company
for the 1997-98 Fiscal year audit at a total of $21,275 wa. proved.
The following item was removed from the Consent Calendar at the reque of Council Member
Jones. noting a potential conflict of interest relating to the proximity of roject to his
business/residence:
City Council Minutes -8- 12/1/98
AGENDA ITEM
TO: George Scarborough, City Manager
FROM: John R. Shaw, City Attorney
December 1, 1998
SUBJECT: Consideration of Tolling Agreement -- Masek, Judson (Meredith Canyon)
RECOMMENDATION:
Move to approve tolling agreement between the City, Marion Masek and Eleanor
Judson for the purpose of delaying the time within which these property owners may
file a legal claim against the City in connection with the recent Meredith Canyon slide
condition.
BACKGROUND:
On Ociober-23; 1998, the City Council approved a tolling agreement between the City and
certain parties in regard to the Gordon Cammell v. SJD Partners litigation. The litigation was
filed by certain homeowners in the area of the Meredith Canyon landslide against the
developer, SJD Partners Ltd. The City of San Juan Capistrano has not been brought into that
litigation at this point in time.
The tolling agreement deferred the legal deadline for filing of a claim against the City for
a three-year period, or until January 15, 2001.
Marion Masek and Eleanor Judson are homeowners in the area of the landslide who are not
parties to the above -referenced litigation. They have approached this office and requested
that they also have their filing deadline deferred for a three-year period. The attached
agreement would accomplish this purpose.
As in the first tolling agreement, the benefit of this agreement to the City is that, by deferring
the statute of limitations deadline, these property owners will not in all likelihood file any
lawsuit against the City in the near term. However, if the deadline were not deferred, then
the property owners would be forced to file a claim and lawsuit now to protect against the
running of the statute of limitations. This then would force the City to expend resources now
to defend such a lawsuit.
FOR CITY COUNCIL AGEN16�_
�,2
Agenda Item -2- December 1, 1998
It is also possible that these owners may never find it necessary or appropriate to sue the City
during the tolling period.
Accordingly, I see no major downside in entering into the attached tolling agreement.
COMMISSIONBOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
FINANCIAL CONSIDERATIONS:
Not applicable.
ALTERNATE ACTIONS:
1. Do not approve the tolling agreement.
2. Direct staff to provide additional information.
RECOMMENDATION:
Move to approve the tolling agreement and authorize the Mayor to execute same.
Respectfully submitted,
JOHN R. SHAW
City Attorney
Attachment: Tolling Agreement