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File #: 23-0164   
On agenda: 3/28/2023 Final action: 3/28/2023
Enactment date: Enactment #: Agreement No. 23-116
Recommended Action(s)
Approve and authorize the Chairman to execute a Settlement Agreement and Release to fully resolve the personal injury claim by Yovani Larios (Claimant) related to a motor vehicle accident involving an on-duty Sheriff's Deputy on July 27, 2021, for a settlement sum of $50,400.
Attachments: 1. Agenda Item, 2. Agreement A-23-116 Settlement Agreement and Release

DATE:                     March 28, 2023

 

TO:                     Board of Supervisors

 

SUBMITTED BY:                     Daniel C. Cederborg, County Counsel

 

SUBJECT:                     Settlement Agreement and Release - Yovani Larios

 

RECOMMENDED ACTION(S):

TITLE

Approve and authorize the Chairman to execute a Settlement Agreement and Release to fully resolve the personal injury claim by Yovani Larios (Claimant) related to a motor vehicle accident involving an on-duty Sheriff’s Deputy on July 27, 2021, for a settlement sum of $50,400.

REPORT

Approval of the recommended action will execute the Settlement Agreement and Release, which will fully resolve the claim against the County regarding the motor vehicle incident. Under the express terms of the recommended Agreement, the County would pay a total settlement amount of $50,400 to the Claimant. This item pertains to an incident which occurred in District 4.

 

ALTERNATIVE ACTION(S):

 

There is no alternative action for this item.

 

FISCAL IMPACT:

 

Under the recommended Settlement Agreement, the County would pay $50,400 to the Claimant, through his attorney, Evan Ghaffari of Southwest Legal Group, pursuant to the terms of the settlement. There are sufficient appropriations for this payment in the HR-Risk Management FY 2022-2023 Adopted Budget Org. 8925, Fund 1060, Account 7100.

 

DISCUSSION:

 

On July 27, 2021, an on-duty Sheriff’s Deputy driving a County vehicle rear-ended Claimant as Claimant was making a lawful right-hand turn near 12056 Elm Ave.  Claimant suffered damage to his vehicle and suffered personal injuries.  In exchange for the settlement sum of $50,400, Claimant waives and releases all legal claim for damages against the County or its employees, and agrees not to file any lawsuit or legal action regarding this incident.

 

REFERENCE MATERIAL:

 

On file with Clerk - Settlement Agreement and Release

 

CAO ANALYST:

 

Ahla Yang