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Home My WebLink AboutSTRADLING, YOCCA, CARLSON, & RAUTH, A PROFESSIONAL CORPORATIONN-2019-093 Stradfing STRADLING YOCCA CARLSON a RAUTH A PROFESSIONAL CORPORATION CAttFORV BSQ NEWPORT CENTER DRIVE, SUITE 1600 NEWPORT BEACH Attorneys at Law NEWPORT BEACH, CA 0296M422 SACRAMENTO SYCR.COM SAN DIEGO INSURANCE N(11 NEQUIRED SAN FRANCISCO SANTABARBARA THOMAS P. CLARK, JR. WORK MAY PROCEED SANTA MONICA 949.725.4140 7CiARK YCR.COM CLERK OF COUNCIL COLORADO DENVER n, rc• MAY 10 2019 /JEA A-0 t ra LV AS EGAa RENO MSHINGTON SEATTLE April 18, 2019 Omar Sandoval, City Attorney City of Garden Grove It 222 Acacia Parkway Garden Grove, CA 92840 Sonia Carvalho, City Attorney City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Re: Proaosed Develovm>�fthe Willowick Golf Cours�the "Willowick Matter") by the City of Garden Grove and developmep nt anoroval bythe City o Santa Ana Dear Omar and Sonia: The law finn of Stradling Yocca Carlson & Rauth (the "Firm") represents Garden Grove in connection with various matters. Garden Grove has asked the Firm to represent it in connection with the Willowick Matter. In the past, this Firm has represented the Santa Ana Redevelopment Agency and the City of Santa Ana acting as the Successor Agency to the Santa Ana Redevelopment Agency. In light of these past representations, we believe it is necessary to inform you of the potential conflict of interest and obtain a consent from both Garden Grove and Santa Ana with respect to such conflict. on ictsoflnterost Our representation of Garden Grove in connection with the Willowick Matter creates certain conflicts of interest, in that the interests and objectives of Santa Ana may be in conflict with the objectives of Garden Grove with respect to the Willowick Matter. We will not be representing Santa Ana in connection with any aspect of the Willowick Matter, The Santa Ana City Attorney's office has indicated that it will be engaged for the representation of Santa Ana in connection with such transaction. Although we do not believe representation of Garden Grove in connection with the Willowick Matter will be compromised by our prior or present, if applicable representation of Santa Ana, Garden Grove's interest in this transaction will obviously be adverse to that of Santa Ana. Under the ethical standards discussed immediately below, we are required to bring this matter to your attention and to obtain your consent before representing Garden Grove in connection with the Willowick Matter. NG-U9ZQVMF2/483 6-203 0-8884v 1 /022046.0000 Omar Sandoval, City Attorney for the City of Garden Grove Sonia Carvalho, City Attorney for the City of Santa Ana April 18, 2019 Page Two Rules of Professional Conduct As attorneys, we are governed by specific rules relating to our representation of clients when present or potential conflicts of interest exist. Rule 3-310 of the Rules of Professional Conduct of the State Bar of California provides, in relevant part, as follows: Rule 3-310. Avoiding the Representation of Adverse Interests (A) For purposes of this rule: (1) "Disclosure" means informing the client or former client of the relevant circumstances and of the actual and reasonably foreseeable adverse consequences to the client or former client; (2) "Informed written consent" means the client's or former client's written agreement to the representation following written disclosure; (3) "Written" means any writing as defined in Evidence Code section 250. (B) A member shall not accept or continue representation of a client without providing written disclosure to the client where: (1) The member has a legal, business, financial, professional, or personal relationship with a party or witness in the same matter; or (2) The member knows or reasonably should know that: (a) the member previously had a legal, business, financial, professional, or personal relationship with a party or witness in the same matter, and (b) the previous relationship would substantially affect the member's representation; or (3) The member has or had a legal, business, financial, professional, or personal relationship with another person or entity the member knows or reasonably should know would be affected substantially by resolution of the matter; or (4) The member has or had a legal, business, financial, or professional interest in the subject matter of the representation. (C) A member shall not, without the informed written consent of each client: (1) Accept representation of more than one client in a matter in which the interests of the clients potentially conflict; or (2) Accept or continue representation of more than one client in a matter in NG-U9ZQvW2/4836-2030-8884vl/022046.0000 Omar Sandoval, City Attorney for the City of Garden Grove Sonia Carvalho, City Attorney for the City of Santa Ana April 18, 2019 Page Three which the interests of the clients actually conflict; or (3) Represent a client in a matter and at the same time in a separate matter accept as a client a person or entity whose interest in the first matter is adverse to the client in the first matter. (D) A member who represents two or more clients shall not enter into an aggregate settlement of the claims of or against the clients without the informed written consent of each client. (E) A member shall not, without the informed written consent of the client or former client, accept employment adverse to the client or former client where, by reason of the representation of the client or former client, the member has obtained confidential information material to the employment. (F) A member shall not accept compensation for representing a client from one other than the client unless: (1) There is no interference with the member's independence of professional judgment or with the client -lawyer relationship; and (2) Information relating to representation of the client is protected as required by Business and Professions Code section 6068, subdivision (e); and (3) The member obtains the client's informed written consent, provided that no disclosure or consent is required if: (a) such nondisclosure is otherwise authorized by law; or (b) the member is rendering legal services on behalf of any public agency which provides legal services to other public agencies or the public." Accordingly, if you each agree to our representation of Garden Grove, we request that you sign and return to us a copy of this letter acknowledging that: (1) You have been advised of Rule 3-310 and of the conflicts associated with your respective interests; (2) You have been advised of the Firms's present and continuing relationship with Garden Grove on the one hand and the prior presentation of Santa Ana on the other; (3) Garden Grove nevertheless wants us to represent it in connection with the matters discussed above; and (4) Garden Grove and Santa Ana each consent to our representation of Garden Grove in connection with the matters discussed above. N&U9ZQVMF2/4836-203 0-8884v 1/022046-0000 Omar Sandoval, City Attorney for the City of Garden Grove Sonia Carvalho, City Attorney for the City of Santa Ana April 18, 2019 Page Four We want to stress that you remain completely free to seek independent counsel at any time, even if you decide to sign the Consent set forth below. Should you have any questions concerning this letter or the Consent, please discuss them with us before signing and returning the enclosed copy of this letter. If you have any questions or comments regarding the attached Consent or otherwise, please do not hesitate to call me. Respectfiilly submitted, CARLSON & RAUTH Thomas P. TPC:ace cc: Scott C. Stiles, City Manager for the City of Garden Grove Kristine Ridge, City Manager for the City of Santa Ana NG-U9ZQ V MF2/4836-2030.8884v t /022046-0000 Omar Sandoval, City Attorney for the City of Garden Grove Sonia Carvalho, City Attorney for the City of Santa Ana April 18, 2019 Page Five CONSENT The undersigned hereby acknowledges disclosure by Stradling Yocca Carlson & Rauth, a Professional Corporation, of its representation of the City of Garden Grove in connection with the Willowick Matter and of potential conflicts as described above, and the undersigned hereby waives the same. Dated this 14 day of 2019. CITY OF SANTA ANA By: _ ' V k'Ca; R Name: -s of (it - Z C41, -o'r l" Its: e4 h A-16 ''.�-�� 6— a�� NG-U9ZQVMF2/4836-2030-8884v 1 /022046-0000 Omar Sandoval, City Attorney for the City of Garden Grove Sonia Carvalho, City Attorney for the City of Santa Ana April 18, 2019 Page Six CONSENT The undersigned hereby acknowledges disclosure by Stradling Yocca Carlson & Rauth, a Professional Corporation, of its representation of the City of Garden Grove in connection with the Willowick Matter and of potential conflicts as described above, and the undersigned hereby waives the same. Dated this . day of 2019. CITY OF GARDEN GROVE By: / y lJ*e� _ Name: Its: X 1" e 4/y MAR 8 ND AL City Attomey City Cierden�r� DATEE D: NQ-U9ZQVMF2/4836-2030.8884v 1/022046.0000