TITLE:
title
RETAINER AGREEMENTS BETWEEN THE CITY OF COSTA MESA AND COMPLEX APPELLATE LITIGATION GROUP, LLP FOR LEGAL SERVICES
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DEPARTMENT: CITY ATTORNEY
PRESENTED BY: KIMBERLY HALL BARLOW, CITY ATTORNEY
CONTACT INFORMATION: KIMBERLY HALL BARLOW, CITY ATTORNEY, (714) 446-1400
RECOMMENDATION:
recommendation
It is recommended the City Council:
1. Approve the Agreements between the City of Costa Mesa and the law firm of Complex Appellate Litigation Group, LLP in connection with the pending lawsuits entitled The Ohio House LLC v. City of Costa Mesa, United States District Court for the Central District of California, Case No. 8:19-cv-01710-JVS (GJSx), Insight Psychology and Addiction, Inc. v. City of Costa Mesa, United States District Court for the Central District of California, Case No. 8:20-cv-00504-MEMF-JDE, SoCal Recovery, LLC v. City of Costa Mesa, 9th Circuit Court of Appeals No. 20-55820, RAW Recovery, LLC v. City of Costa Mesa, 9th Circuit Court of Appeals No. 20-55870.
2. Authorize the City Manager and the City Clerk to execute the Agreements.
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BACKGROUND:
The City has been sued multiple times relating to sober living home ordinances for the R1 and multi-family zones. M.C. Sungaila has been handling the appeals in SoCal Recovery and RAW Recovery, LLC. through the Buchalter law firm. She has also consulted on The Ohio House v. City of Costa Mesa matter. The court entered judgment for the City in the Ohio House case on September 6, 2022, and an appeal has now been filed. Another case, Insight Psychology and Addiction v. City of Costa Mesa, is pending in the trial court, and is being handled by Everett and Dorey. Ms. Sungaila was previously retained to work with Everett and Dorey to assist in the litigation. Ms. Sungaila has now moved her practice to the Complex Litigation Appellate Group, LLC (CLAG).
ANALYSIS:
The fees proposed with CLAG are set out in the exhibits to the retainer agreements. Ms. Sungaila's hourly rate ...
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