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Memorandum

San Jose City Council
August 9, 2022

Document
Memorandum
Meeting
August 9, 2022
Body
San Jose City Council
Pages
2
Original file
465 KB
Text extracted from the city's file for reading and search. Open the original on legistar.granicus.com. That file is the official record.

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

Page 2 ends

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

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