Item 7 Staff Report Request for Amicus Participation in Bonanno v. Central Contra Costa Transit Authority, California Court of Appeal, First Appellate District, Case Number A087846, at No Cost to the Townti
Rev: 12/10/am
Reformatted: 7/19/99
MEETING DATE: 12/17/01
ITEM NO.
COUNCIL AGENDA REPORT
DATE: December 10, 2001
TO: MAYOR AND TOWN COUNCIL
FROM: ORRY P. KORB, TOWN ATTORNEY QV'
SUBJECT: REQUEST FOR AMICUS PARTICIPATION IN BONANNO v. CENTRAL
CONTRA COSTA TRANSIT AUTHORITY, CALIFORNIA COURT OF
APPEAL, FIRST APPELLATE DISTRICT, CASE NUMBER A087846, AT NO
COST TO THE TOWN
RECOMMENDATION:
Authorize the Town Attorney to include the Town of Los Gatos as an amicus curiae in the case of
Bonanno v. Central Contra Costa Transit Authority, California Court of Appeal, First Appellate
District, case number A087846, at no cost to the Town.
BACKGROUND:
This case raises the question whether a public entity can be liable for personal injuries that occur to
a third party on property adjacent to public property. Here, a motorist struck a pedestrian in a
crosswalk while the pedestrian was on her way to a bus stop located across the street. The transit
authority was responsible for the bus stop, but did not have any ownership or control over the street
where the injury occurred. The pedestrian argued the bus stop was a "dangerous condition" ofpublic
property because of its relationship to the street.
The trial court initially found insufficient evidence to hold the transit authority liable. However, the
court of appeal disagreed and returned the case to the trial court. A jury then found the transit
authority one percent (1 %) at fault for dangerous condition of public property. However, where as
here the defendants are determined to be jointly and severally liable, any one of them can be held
responsible for the entire judgment, or a large part of it. Consequently, the transit authority was
ordered to pay $1.5 million, which was upheld by the court of appeal.
The amicus brief will assert that the proper scope of liability for dangerous conditions of public
property should be limited to property which a public entity owns, operates or controls, and will
PREPARED BY: ORRY P. KORB, TOWN ATTORNEY
OPK:LMB/wp [N:1ATY\Bonanno.AMI.TCR.wpd]
Reviewed byManager Clerk Finance Community Development
File# 301-05
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: REQUEST FOR AMICUS PARTICIPATION IN BONANNO v. CENTRAL
CONTRA COSTA TRANSIT AUTHORITY, CALIFORNIA COURT OF APPEAL,
FIRST APPELLATE DISTRICT, CASE NUMBER A087846, AT NO COST TO
THE TOWN
December 5, 2001
highlight the public policy considerations against expanding dangerous conditions liability beyond
this scope, as occurred in the Bonnano decision. Because of the tendency to look to public entities
as "deep pockets," the Bonnano decision constitutes a troubling precedent for the Town. For that
reason, I recommend that the Town add its name to this amicus brief.
Attachments: Letter dated November 21, 2001 from Kurt A. Franklin, Esq.
Distribution: Kurt A. Franklin, Esq., Hanson Bridgett, 333 Market Street, 23'd Floor, San
Francisco, CA 94105-2173
KURT A. FRANKLIN
ATTORNEY AT LAW
DIRECT DIAL 415 995 5086
REPLY TO SAN FRANCISCO
EMAIL kfranklin@hansonbridgett.com
November 21, 2001
Mr. Orry P. Korb
Town Attorney
Town of Los Gatos
P. O. Box 949
110 E. Main Street
Los Gatos, CA 95031-0949
RE: Request for Participation in a Friends of the Court Brief
Bonanno v. Central Contra Costa Transit Authority
Dear Mr. Korb:
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We write to request your participation in an amicus brief where more than 100 public agencies join in
asking the California Supreme Court to reverse a recent Court of Appeal decision that would be
damaging to the entire California public agency community. The case, Bonanno v. Central Contra
Costa Transit Authority ("CCCTA"), will greatly expand dangerous condition of public property
liability unless reversed. The Supreme Court granted review in September. With review granted, we
are filing a brief on behalf of numerous California governmental agencies.
As the attached letter urging the Court to grant review explains, Bonanno suggests that public agencies
may now be liable for property that they do not own, operate or control and dangerous conditions they
do not create. Specifically, Bonanno exposes a public entity to liability whenever its property "beckons"
the public to cross adjacent property where a hazard exists, even though the public entity neither owns
nor controls the adjacent property. We are optimistic that the California Supreme Court will overrule
the decision. Otherwise, Bonanno will spawn a significant volume of additional dangerous condition
litigation, resulting in increased governmental legal budgets and potentially costly verdicts.
We believe it's essential to convey that Bonanno's expansion of dangerous condition liability threatens
any public entity in California that has publicly accessible property. To demonstrate this, as amici or
"friends of the court," Hanson Bridgett is preparing an amicus brief on behalf of many local agencies —
an effort supported by both the League of California Cities and the California State Association of
Counties. We hope the Town of Los Gatos will support this effort too. Please authorize us to add the
Town of Los Gatos to the long list of public entities already appearing in the Supreme Court as amici.
Doing so involves no cost and only minimal effort — after obtaining appropriate approval, you need
merely complete and return the form enclosed with this letter.
LAW OFFICES
W W W.HANSONBRIDGETT.COM
SAN FRANCISCO
333 MARKET STREET
23RD FLOOR
SAN FRANCISCO • CALIFORNIA 94105-2173
TELEPHONE 415.777-3200
FACSIMILE 415.541.9366
MARIN
WOOD ISLAND
80 E. 51R FRANCIS DRAKE BLVD.•SUITE 3E
LARKSPUR . CALIFORNIA 94939
TELEPHONE 415.925-8400
FACSIMILE 415.925.8409
SACRAMENTO
980 NINTH STREET
SUITE 1500
SACRAMENTO • CALIFORNIA 95814
TELEPHONE 916.442.3333
FACSIMILE 916.442.23413
SF@HANSON BRIDG ETT.COM
MARIN@HANSONBRIDGETT.COM
SAC@HANSON BRIDGETT. COM
908153.1
f
November 21, 2001
Page 2
ANTICIPATED FILING SCHEDULE
CCCTA filed its brief on October 19, 2001 and our amicus brief must be filed by January 9, 2002. We
hope to file the brief a few days early, and ask you to return the enclosed authorization by facsimile as
soon as possible, but no later than Friday, December 28, 2001. If you join, we will inform you when
the Supreme Court schedules oral argument.
CONCLUSION
California's public agencies have a voice that must be heard to convince the Supreme Court that the
public interest compels Bonanno's reversal. The more public agencies who express their concern about
the Bonanno opinion by joining the amicus brief, the more likely the Supreme Court will realize the case
truly does have statewide impact. We therefore urge you to join the other public agencies in this legal
effort by allowing us to list the Town of Los Gatos as a "friend of the court." If you need any further
information, please call me (415-995-5086).
We thank you for considering this request and look forward to receiving your authorization form by
December 28, 2001.
Very truly yours,
Kui't A. Fra
Enclosures
908153.1
Town Council Minutes December 17, 2001
Redevelopment Agency Los Gatos, California
ACCOUNTS PAYABLE/RATIFICATION/NOVEMBER-DECEMBER 2001 (04.V)
Motion by Mr. Glickman, seconded by Mrs. Decker, that Council ratify the accompanying
check registers for accounts payable invoices paid on November 30, 2001, and December 7, 2001
in the amount of $615,968.72. Carried unanimously.
MINUTES OF OCTOBER 1, 2001 (05A.V)
Motion by Mr. Glickman, seconded by Mrs. Decker, that Council approve the Minutes of
October 1, 2001 Town Council/Planning Commission Joint Study Session Meeting as submitted.
Carried unanimously.
COUNCIL COMMITTEE APPOINTMENTS/JANUARY 2002 (06.12)
Motion by Mr. Glickman, seconded by Mrs. Decker, that Council consider, accept and file the
Council Committee Appointments effective January, 2002. Carried unanimously.
AMICUS BRIEF/BONANNO VS CENTRAL CONTRA COSTA TRANSIT AUTHORITY (07.28)
Motion by Mr. Glickman, seconded by Mrs. Decker, that Council authorize the Town Attorney
to include the Town of Los Gatos as an amicus curiae in the case of Bonanno vs. Central Contra
Costa Transit Authority, California Court of Appeal, First Appellate District, case number A087846,
at no cost to the Town. Carried unanimously.
STATE ABANDONED VEHICLE ABATEMENT/RESOLUTION 2001-140 (09.36)
Motion by Mr. Glickman, seconded by Mrs. Decker, that Council adopt Resolution 2001-
140 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING
CONTINUED PARTICIPATION IN THE STATE ABANDONED VEHICLE ABATEMENT
PROGRAM. Carried unanimously.
STORM DRAIN IMPROVEMENT PROJECTS/RESOLUTION 2001-141 & 2001-12RD (10.25)
PROJECT 0036: LORA DRIVE
PROJECT 0039: BACHMAN PARK
PROJECT 0035: CYPRESS AND HIGH STREETS
PROJECT 0012: HOLLYWOOD-YOSEMITE AND WHEELER AVENUES
PROJECT 0024: MASSOL-NICHOLSON-TAIT AND HERNANDEZ AVENUES
Motion by Mr. Glickman, seconded by Mrs. Decker, that Council/Agency adopt
Resolution 2001-141 and 2001-12RD entitled, RESOLUTION OF THE TOWN
COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS ACCEPTING
WORK OF MCH GENERAL ENGINEERING CONTRACTORS. INC. FOR THE
FOLLOWING STORM DRAIN IMPROVEMENT PROJECTS:
PROJECT 0036: LORA DRIVE
PROJECT 0039: BACHMAN PARK
PROJECT 0035: CYPRESS AND HIGH STREETS
PROJECT 0012: HOLLYWOOD-YOSEMITE AND WHEELER AVENUES
PROJECT 0024: MASSOL-NICHOLSON-TAIT AND HERNANDEZ AVENUES
AND AUTHORIZING THE TOWN MANAGER/EXECUTIVE DIRECTOR TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING
BY THE TOWN CLERK. Carried unanimously.
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