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File Number: 22-657
<br />between the City of San Leandro and Castillo, Moriarty, Tran & Robinson, for legal services
<br />related to tort litigation matters.
<br />BACKGROUND
<br />The consulting services agreement provides that upon the City of San Leandro’s request, counsel
<br />shall advise City staff, including the City of San Leandro Police Department command staff on
<br />necessary policy changes, revisions, and legal implications and provide officers with training to
<br />limit civil liability and future claims.
<br />Patrick Moriarty, Joanne Tran, and Vincent Castillo are partners at Castillo, Moriarty, Tran &
<br />Robinson and members of the firm’s public entity practice group. Mr. Moriarty and Mr. Castillo
<br />shall serve as lead counsel on behalf of the firm.
<br />Mr. Moriarty specializes in defending police officers and departments in civil rights litigation. His
<br />experience includes fourteen years as a prosecutor with the Alameda County District Attorney’s
<br />Office where Mr. Moriarty tried 37 jury trials to verdict. In 2012, Mr. Moriarty worked for the
<br />California Attorney General where he wrote responses to criminal appeals and argued before the
<br />California Court of Appeal.
<br />Ms. Tran specializes in defending public entities in civil litigation, including law enforcement
<br />agencies, and general government departments, including public works, engineering, and
<br />transportation departments. Her work includes defending civil rights cases, premises liability,
<br />and personal injury.
<br />Mr. Castillo specializes in the defense of general liability, product liability, whistleblower, and
<br />employment-related claims. He has extensive experience representing clients involved in the
<br />railroad and busing industries, including investigation and litigation of catastrophic accidents
<br />resulting in serious personal injury and death. Mr. Castillo also represents clients in investigations
<br />conducted by the National Transportation Safety Board and local law enforcement agencies and
<br />handles employment-related claims arising under the Federal Railroad Safety Act, the California
<br />Fair Employment and Housing Act, and various federal laws. Mr. Castillo has tried numerous
<br />cases to verdict in federal and state courts in California and Nevada.
<br />Castillo, Moriarty, Tran & Robinson will serve as counsel for the City of San Leandro and its
<br />officers named in any action in tort litigation matters effective December 1, 2022, through June
<br />30, 2024. Services will be provided at an hourly rate of: $260 Partner; $210 Associate; and $95
<br />Paralegal, in an amount not to exceed $500,000.
<br />Analysis
<br />Attorneys from Bertrand, Fox, Elliot, Osman & Wenzel (BFEOW), and Allen, Glaessner,
<br />Hazelwood & Werth (AGHW) have combined into a new firm Castillo, Moriarty, Tran & Robinson
<br />(CMTR). These attorneys have historically provided excellent services and expertise to the City in
<br />tort liability claims and litigation. Due to the successful outcomes on litigated matters, staff
<br />requests, with the City Attorney’s approval, the continued use of partners who have created
<br />Castillo, Moriarty, Tran & Robinson.
<br />Between 2013 - 2022 the City of San Leandro contracted $2,749,999 on Legal Services
<br />Agreements including amendments with BFEOW. In addition to BFEOW, the City of San Leandro
<br />contracted legal services with Allen, Glaessner, Hazelwood & Werth in 2021 for $250,000 for
<br />litigation support.
<br />Staff proposes a new contract for CMTR with an effective date that aligns with the next biennial
<br />budget cycle and a not to exceed limit of $500,000. Additionally, staff recommends Council
<br />Page 2 City of San Leandro Printed on 11/17/2022
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