COUNCIL AGENDA: 08-09-2022
FILE: 22-1181
ITEM: 2.15
1945643.doc
TO: HONORABLE MAYOR
AND CITY COUNCIL
FROM: Nora Frimann
City Attorney
SUBJECT: SETTLEMENT OF LAWSUIT
FILED BY YURIDIA OCHOA
DATE: August 4, 2022
RECOMMENDATION
Approve the settlement of a lawsuit brought by Plaintiff Yuridia Ochoa in the total amount of $200,000 and authorize the City Attorney to execute a settlement agreement.
OUTCOME
Settlement of the civil rights lawsuit brought by Plaintiff Yuridia Ochoa in the total amount of $200,000. Each side will bear its own costs and attorney fees.
BACKGROUND
Plaintiff filed a civil rights lawsuit in Santa Clara County Superior Court against the City of San Jose and several officers with the San Jose Police Department stemming from an officer involved shooting on June 2, 2020. Plaintiff was shot multiple times, sustained physical injuries, and sought damages for medical expenses and pain and suffering.
The settlement will resolve all of Plaintiff’s claims for damages, including any future damages.
ANALYSIS
This is a negotiated settlement between the parties to avoid the risks inherent in litigation. The City will pay plaintiff the total sum of $200,000 in full satisfaction and settlement of all claims, and plaintiff will dismiss her entire lawsuit with prejudice. The proposed agreement will conclude the litigation without further cost, expense, or risk of loss to the City and City employees. The parties will bear their own respective attorneys’ fees and litigation costs.
HONORABLE MAYOR AND CITY COUNCIL
August 4, 2022
Subject: Settlement of Lawsuit Filed by Yuridia Ochoa
PUBLIC OUTREACH/INTEREST
This memorandum and the Settlement Agreement have been posted on the City’s website for the August 9, 2022 agenda.
COST SUMMARY/IMPLICATIONS
The settlement will be paid from the City’s claims reserve fund.
CEQA
Not applicable. Not a project; PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment.
By___/s/ Nora Frimann_____
NORA FRIMANN
City Attorney
cc: Jennifer Maguire, City Manager
For questions, please contact NORA FRIMANN, City Attorney, at (408) 535-1900