After Roxanne Diaz’s appointment as Manhattan Beach city attorney in September, the self-described “new kid on the block” inherited a stack of claims and lawsuits filed against the city of Manhattan Beach.
She may be new to Manhattan Beach, but the Los Angeles native has provided legal services to many cities, including Hidden Hills, Indio and Beverly Hills.
“I have more than 15 years of experience as a public entity attorney,” she said, adding, “There are very few cases or challenges that I have not dealt with.”
Four former city employees have taken legal action against the city, all related to their resignations or terminations in working for the city.
Geoff Dolan, former Manhattan Beach city manager for 15 years, filed a lawsuit against the city for breach of contract and invasion of privacy rights based on the city’s disclosure of records that Dolan argues were confidential. Dolan contends that the public release of the records caused him humiliation and has prevented him from obtaining employment. The lawsuit was filed Oct. 28, two months after the city rejected Dolan’s $2 million claim for damages, which he filed in May.
Former Manhattan Beach police officers Eric Eccles and Kristopher Thompson, who were fired in March for their alleged involvement in an off-duty traffic collision, each filed a $10.3 million claim for damages against the city of Manhattan Beach on Nov. 3. In identical claims, Eccles and Thompson argue that they were wrongfully terminated, and that the “public assassination” of each man’s character has interfered with their economic opportunity, personal health and relationships.
Robert Wadden, former Manhattan Beach city attorney, filed a $1.5 million claim against the city in September for age discrimination, breach of contract, defamation and interference with economic opportunity. In the claim, Wadden argues the city failed to pay a “contractually mandated severance upon termination.”
Tracy Garton, the wife of the Hawthorne police officer who died in a motorcycle accident at the funeral procession of a Manhattan Beach police officer, filed a $25 million claim against the city of Manhattan Beach on Nov. 4. Garton alleges that the city was negligent in planning the funeral procession that led to her husband’s death. The police departments that were in attendance were commemorating the life of Manhattan Beach Police Officer Mark Vasquez, who died after a four-year battle with cancer at 36.
“It’s not unusual for cities to receive claims similar to ones recently filed, or to be involved in litigation,” Diaz said, adding that previous workloads for her have included eight to ten active cases.
Manhattan Beach is one of 22 cities in Southern California that is a member of the Independent Cities Risk Management Authority, an association created in 1980 that reduces “liability insurance costs by bringing cities together to increase their purchasing power,” according to its website.
“The self insurance program is no different than any other program that any other cities have,” Diaz said. “I don’t believe that that really plays into how litigation is handled and managed.”
Manhattan Beach is also facing litigation from the company that bought the Association of Volleyball Professionals out of bankruptcy, DFA PVA II Partners, LLC, for trademark infringement, false advertising and unfair competition.
In the suit, the DFA PVA alleges that by hosting the Manhattan Beach Open, organizers created “confusion, mistake or deception as to the origin, sponsorship or affiliation of the tournament,” and has deprived the company of money that rightfully belongs to it. The city, which has held the Manhattan Beach Open tournament for 51 years, maintains that it is the owner of that trademark.
Diaz said the timing of the claims is a matter of happenstance. “I don’t read anything into the fact that we’ve received these claims at the same time,” Diaz said. “If you look at the claims, they’re all very different, there’s no pattern to them.”
