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Matter 25-775

Tovar V. City of San José, Et. Al. - Settlement.

Legal & Litigation City Council Agenda Ready Introduced 11 Jun 2025
4 Documents on file 1.75 MB · 4 extracted · 4 AI summaries
File
25-775
Type
Strategic Support
Status
Agenda Ready
Requester
Unknown
Introduced
11 Jun 2025
Last synced
19 May 2026 · 03:56

The papers

4 documents · 1.75 MB
01 158 KB

Memorandum

158 KB Extracted AI Summary
file 9255bd08-eff4-47c2-9ddd-c72c1e295497.pdf sha 9d152f7d2247 source unavailable

Official source link unavailable. The file was imported, but the current source metadata does not include a public document URL.

Generated summary AI-assisted

This memorandum recommends the approval of a settlement in the case of Tovar v. City of San Jose, involving a payment of $1,000,000.00 to resolve claims related to the use of force by police during an arrest attempt. The settlement aims to conclude litigation without further costs or risks to the City. The memorandum has been posted on the City’s website for public review.

Key points
  • Council agenda date: June 17, 2025
  • Matter file number: 25-775
  • Settlement amount: $1,000,000.00
  • Plaintiffs include Mr. Tovar’s father and four minor children
  • Claims arise from the use of force by San Jose police on January 21, 2021
  • Federal District Court found the use of a police canine as excessive force
  • Settlement will be paid from the City’s claims reserve fund
  • Memorandum posted on the City’s website for public outreach
Limitations
  • The text indicates a settlement amount but does not provide specific details about the distribution of funds.
  • The document does not specify the exact nature of the claims beyond the use of force.
  • There are unresolved placeholders in the signature section.

Generated for convenience from extracted text using AI. Review the official source document before relying on this summary.

Extracted text preview · 2,647 chars
COUNCIL AGENDA: 6/17/2025 FILE: 25-775 ITEM: 3.9 TO: HONORABLE MAYOR AND CITY COUNCIL SUBJECT: TOVAR v. CITY OF SAN JOSE, ET. AL. – SETTLEMENT FROM: NORA FRIMANN, City Attorney DATE: June 17, 2025 RECOMMENDATION Approve a settlement in the case of Tovar v. City of San Jose, et. al., U.S. Dist. Ct., N.D. Cal., case no 5:21-cv-02497, in the amount of $1,000,000.00 and authorize the City Attorney to execute a Settlement Agreement. OUTCOME Settle the lawsuit brought by five Plaintiffs with payments by the City totaling $1,000,000.00, which amount includes payments to fund the purchase of annuities to facilitate future periodic payments, and each side to bear their own costs, including attorneys’ fees. BACKGROUND Plaintiffs are Mr. Tovar’s father and four minor children. They asserted claims arising from the use of force by San Jose police on January 21, 2021, while executing a warrant for Mr. Tovar’s arrest. He was the suspect in three different shootings. Officers located Mr. Tovar at an apartment complex after he had evaded apprehension multiple times. When he saw the officers, Mr. Tovar attempted to escape and ran along a second-floor outdoor walkway. Acting on an informant’s tip...
02 317 KB

Addendum

317 KB Extracted AI Summary
file 0992d4d7-39d7-4779-b5a5-5bdea4de229c.pdf sha fab41aeeb853 source unavailable

Official source link unavailable. The file was imported, but the current source metadata does not include a public document URL.

Generated summary AI-assisted

The source text indicates this attachment appears to be a draft document.

This document is an Addendum to a Settlement Agreement and Release involving the City of San Jose. It outlines various payments to be made, including a total of $1,000,000, with specific cash and periodic payments to designated individuals. The Addendum specifies the amounts and recipients of these payments, the terms of periodic payments, rights of the plaintiffs, and the process for qualified assignment of payment obligations. It appears to be a draft.

Key points
  • The Addendum is related to a Settlement Agreement and Release dated in 2025.
  • Total payments amount to $1,000,000, including cash and periodic payments.
  • Cash payments are specified for various recipients, including checks to POINTER & BUELNA, LLP and Mutual of Omaha Structured Settlement Company.
  • Periodic payments are guaranteed and detailed for multiple payees with specific amounts and dates.
  • The City of San Jose will execute a qualified assignment for the periodic payments.
  • Plaintiffs cannot alter the periodic payments or assign them without proper designation.
  • The City of San Jose will fund the liability through an annuity policy from United of Omaha Life Insurance Company.
Limitations
  • The document contains placeholders and unresolved sections, such as the date of the original Settlement Agreement.
  • Specific details regarding the finalization of the document are not provided.

Generated for convenience from extracted text using AI. Review the official source document before relying on this summary.

Extracted text preview · 11,331 chars
ADDENDUM to SETTLEMENT AGREEMENT AND RELEASE Pursuant to the Settlement Agreement and Release dated ____________, 2025, certain payments by the City of San Jose as described in this Addendum. The Parties intend that this Addendum be incorporated into that Settlement Agreement and Release as if set forth fully therein. 1.0 Payment Pursuant to the terms of the Settlement Agreement and Release, a combination of cash and future periodic payments in the total sum of $1,000,000.00 will be paid as set forth below on behalf of the City of San Jose to the individuals named below: 1.1 Cash payment in the sum of $490,953.75 will be in the form of a check payable to POINTER & BUELNA, LLP IN TRUST FOR DAVID TOVAR, SR. AND MINORS, who shall provide a W-9 prior to issuance of payment. 1.2 The City of San Jose shall pay a check in the amount of $132,011.57 for D.T.M. payable to Mutual of Omaha Structured Settlement Company (MOSSCO) (Tax ID 80-0725213) to fund the Periodic Payments illustrated in Section 2.1 (the “Periodic Payments”). The City of San Jose shall execute a qualified assignment and release of the obligation to make periodic payments to Mutual of Omaha Structured Settlement Company....
03 285 KB

Agreement

285 KB Extracted AI Summary
file 3608ccae-2095-4d5c-9b56-7c5f458e89b0.pdf sha 52b225ac4252 source unavailable

Official source link unavailable. The file was imported, but the current source metadata does not include a public document URL.

Generated summary AI-assisted

The source text indicates this attachment appears to be a draft document.

This Settlement Agreement and Release is made between David Tovar, Sr., minors D.T.M. and J.M., minor Plaintiff D.T., minor D.T.J., and the Estate of David Tovar, Jr. (collectively referred to as 'Plaintiffs') and the City of San Jose ('CITY'). The Agreement resolves a lawsuit filed by Plaintiffs regarding the apprehension and death of David Tovar, Jr. The CITY agrees to pay one million dollars to settle all claims related to the Action, which Plaintiffs will dismiss with prejudice. The Agreement includes a general release of all claims against the CITY and its employees, and acknowledges that the payment does not constitute an admission of liability by the CITY. The Agreement also includes provisions regarding attorney's fees, consultation with counsel, and the authority of guardians ad litem for minor Plaintiffs. This document appears to be a draft.

Key points
  • Parties involved include David Tovar, Sr., minors D.T.M., J.M., D.T., D.T.J., the Estate of David Tovar, Jr., and the City of San Jose.
  • The lawsuit was filed on April 7, 2021, regarding the death of David Tovar, Jr.
  • CITY agrees to pay one million dollars to settle all claims.
  • Plaintiffs will dismiss the Action with prejudice.
  • The Agreement includes a general release of all claims against the CITY and its employees.
  • The payment does not constitute an admission of liability by the CITY.
  • Provisions regarding attorney's fees and consultation with counsel are included.
  • Guardians ad litem represent the minor Plaintiffs.
Limitations
  • The document contains unresolved placeholders for dates and signatures.
  • The specific terms of the Addendum referenced for payment are not included.

Generated for convenience from extracted text using AI. Review the official source document before relying on this summary.

Extracted text preview · 12,312 chars
SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (“Settlement Agreement”) is made by and between David Tovar, Sr., minors D.T.M. and J.M. by and through their guardian ad litem Elliot Tovar, minor Plaintiff D.T. by and through his guardian ad litem Valerie Hall, minor D.T.J. by and through his guardian ad litem Marilyn Presho, and the Estate of David Tovar, Jr. (hereafter “Plaintiffs”), and the City of San Jose (hereafter “CITY”). “Parties,” when referenced herein, includes Plaintiffs and CITY collectively. WHEREAS, Plaintiffs filed a lawsuit on April 7, 2021 entitled David Tovar Sr., et al. v. City of San Jose, et al. in the United States District Court, Northern District of California, San Jose Division, case number 3:21-cv-2497, (hereafter the “Action”), asserting claims based on the January 21, 2021 apprehension and death of David Tovar, Jr. (“Decedent”); WHEREAS, the Parties now mutually desire to resolve the Action without further litigation and, therefore, undertake to settle the Action in its entirety by entering into this Agreement pursuant to which Plaintiff releases and extinguishes on a final basis all claims and potential claims arising out of,...
04 1.01 MB

Letter from the Public

1.01 MB Extracted AI Summary
file acc5dabc-e50b-4ad3-bf4f-248126a1b72c.pdf sha bb780fc5c99a source unavailable

Official source link unavailable. The file was imported, but the current source metadata does not include a public document URL.

Generated summary AI-assisted

The source text indicates this attachment appears to be a draft document.

The email discusses the classification of civil lawsuits against the San Jose Police Department (SJPD) as Department-Initiated Investigations (DIIs) to ensure appropriate officer discipline. It references two agenda items from the June 17 meeting, including the OIPAS Year End Report and a million-dollar settlement in a case against the city. The email argues that classifying civil lawsuits and use-of-force incidents involving death or great bodily injury as DIIs is crucial for accountability and transparency. It also mentions a memo from Chief Joseph regarding the review process for civil lawsuits and suggests that data should be provided to support claims about the majority of lawsuits being accompanied by internal complaints. The email emphasizes the need for vigilance regarding the SJPD's accountability and compliance with the law, citing specific incidents and the implications of Senate Bills 1421 and 16.

Key points
  • The email addresses the classification of civil lawsuits as Department-Initiated Investigations (DIIs) for officer discipline.
  • It references the OIPAS Year End Report and a million-dollar settlement in the Tovar case.
  • Classifying civil lawsuits and serious use-of-force incidents as DIIs is argued to be essential for accountability.
  • Chief Joseph's memo states that most civil lawsuits are accompanied by internal complaints, triggering reviews.
  • The email calls for data to support claims about civil lawsuits and internal complaints.
  • It emphasizes the importance of public confidence in the SJPD's accountability and compliance with the law.
Limitations
  • The text includes placeholders and incomplete information, such as the sender's email address and some case details.
  • The email appears to be a draft as it contains informal formatting and references to agenda items without final conclusions.

Generated for convenience from extracted text using AI. Review the official source document before relying on this summary.

Extracted text preview · 8,013 chars
6/17/25, 10:01 AM FW: 6/17/25 CIVIL LAWSUITS AS Dlls IS THE ONLY AVENUE TO OFFICER DISCIPLINE. - Agendadesk - Outlook o5 Outlook FW: 6/17/25 CIVIL LAWSUITS AS DIIs IS THE ONLY AVENUE TO OFFICER DISCIPLINE. From City Clerk <city.clerk@sanjoseca.gov> Date Tue 6/17/2025 7:40 AM To Agendadesk <Agendadesk@sanjoseca.gov> From: Charli Parkhurst <4. Sent: Monday, June 16, 2025 9:07 PM To: City Clerk <city.clerk@sanjoseca.gov>; The Office of Mayor Matt Mahan <mayor@sanjoseca.gov>; Aubrey, Eddie <Eddie.Aubrey@sanjoseca.gov>; Chief.sjpd <chief.sjod@sanjoseca.gov>; CAO Main <cao.main@sanjoseca.gov> Cc: II Subject: 6/17/25 CIVIL LAWSUITS AS Dlls IS THE ONLY AVENUE TO OFFICER DISCIPLINE. [External Email. Do not open links or attachments from untrusted sources. Learn more] Some people who received this message don't often get email from P| Learn why this is important This email addresses two items on the June 17" agenda; 4.1 The OIPAS Year End Report — recommendations #3 and #12 3.9 The million-dollar settlement in Tovar vs. City of San Jose #3/#12: The SJPD Police Conduct Oversight Process should classify misconduct-related lawsuits as Dlls. It is important because civil lawsuits can reveal...