Long Beach, CA
File #: 13-0218    Version: 1 Name: CA - Jocelyn Mairena, et al Lawsuit & Matthew Sorenson Claim
Type: Agenda Item Status: Approved
File created: 3/7/2013 In control: City Council
On agenda: 3/19/2013 Final action: 3/19/2013
Title: Recommendation to authorize City Attorney to pay sum of $11,700 in full and final resolution of the lawsuit entitled Jocelyn Mairena, et al. vs. COLB, et al; pay sum of $10,225.93 in full and final resolution of the claim entitled MAPFRE c/o Matthew Sorenson; and pay sum of $15,000 in full and final resolution of the lawsuit entitled Adamson v. COLB.
Sponsors: City Attorney
Indexes: Claims, Lawsuit, Settlement
Attachments: 1. 031913-C-5sr.pdf
TITLE
Recommendation to authorize City Attorney to pay sum of $11,700 in full and final resolution of the lawsuit entitled Jocelyn Mairena, et al. vs. COLB, et al; pay sum of $10,225.93 in full and final resolution of the claim entitled MAPFRE c/o Matthew Sorenson; and pay sum of $15,000 in full and final resolution of the lawsuit entitled Adamson v. COLB.

DISCUSSION
On October 19, 2010, at the intersection of Cherry Avenue and San Antonio Drive, Plaintiff, Jocelyn Mairena was rear-ended by a city employee. At the time of the incident, Plaintiff had two passengers, Ana Pineda and David Pineda each of whom also sued the City. The contact caused significant property damage and personal injuries.

Following settlement discussions with Plaintiffs' counsel, Plaintiff Jocelyn Mairena has agreed to accept $4,500 as full settlement of this case, Ana Pineda has agreed to accept $3,500 as full settlement of her personal injury claims, and $3,700 for all property damage claims, and David Pineda has agreed to dismiss his Complaint with prejudice. Thus, the total proposed settlement is $11,700.00, which includes all property damage and personal injury claims arising out of this accident.

In light of potential liability, and the nature and extent of Plaintiff's damages, we opine that this proposed settlement represents the reasonable value of the lawsuit The matter was brought before the Economic Development and Finance Committee on March 5, 2013 and the Committee approved the settlement. Based thereon, we respectfully recommend that you approve the settlement

and

This matter arises out of a property damage claim which took place October 29, 2012, where a fire engine on Carroll Park West struck Plaintiff's parked vehicle. Claimant's insured's vehicle sustained major left side damages which were resolved by MAPFRE (the insurer). Following settlement discussions with Claimant, MAPFRE has agreed to accept $10,225.93

In light of the potential liability, and the nature and...

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