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This memorandum addresses the settlement of the lawsuit Loessberg v. City of San Jose. It recommends approving a settlement amount of $198,890.00 to be paid to the plaintiff, Casilia Loessberg, a former firefighter who alleged discrimination, harassment, and retaliation. The memorandum outlines the background of the case, the analysis of the settlement, and indicates that the settlement will be paid from the City's claims reserve fund. It also notes that the memorandum and Settlement Agreement have been posted on the City’s website for public access.
Key points
Council agenda date: April 28, 2026
File number: 26-533
Subject: Settlement of Loessberg v. City of San Jose
Recommendation to approve a settlement of $198,890.00
Plaintiff: Casilia Loessberg, former San Jose firefighter
Allegations of discrimination, harassment, and retaliation from 2016 to 2021
Settlement to be paid from the City's claims reserve fund
Memorandum and Settlement Agreement posted on the City’s website
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COUNCIL AGENDA: 4/28/2026 FILE: 26-533 ITEM: 2.16 TO: HONORABLE MAYOR AND CITY COUNCIL SUBJECT: SETTLEMENT OF LOESSBERG v. CITY OF SAN JOSE FROM: SUSANA ALCALAWOOD, City Attorney DATE: April 21, 2026 RECOMMENDATION Approve a settlement in the case of Loessberg v. City of San Jose in the amount of $198,890.00 and authorize the City Attorney to execute a Settlement Agreement. OUTCOME Settle the lawsuit brought by Plaintiff Casilia Loessberg with a payment by the City of $198,890.00, each side to bear their own costs, including attorneys’ fees. BACKGROUND Plaintiff is a former San Jose firefighter who took a disability retirement from the City in 2023. Plaintiff sued the City under the California Fair Employment and Housing Act, alleging that between 2016 and 2021 she was subjected to discrimination, harassment, and retaliation by male Fire Department co-workers based on allegations of inappropriate and unwanted behavior and comments. ANALYSIS Under the proposed settlement, Plaintiff will release all claims in exchange for payment from the City in the amount of $198,890.00. This is a negotiated settlement between the parties to avoid the risks inherent in litigation. PUBLIC...
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The source text indicates this attachment appears to be a draft document.
This Settlement Agreement and Release is made between Casilia Loessberg and the City of San Jose to resolve claims related to a lawsuit filed by Loessberg. The agreement includes a release of all claims against the City, a waiver of unknown claims, and stipulations regarding payment and dismissal of the lawsuit. It requires approval from the San Jose City Council and the Workers' Compensation Appeals Board. The agreement is contingent upon the approval of a Compromise and Release related to workers' compensation claims.
Key points
Parties involved: Casilia Loessberg (Plaintiff) and the City of San Jose.
Lawsuit filed by Loessberg on February 22, 2023, in Santa Clara County.
Loessberg retired from City employment on May 30, 2023.
Agreement includes a release of all claims related to Loessberg's employment.
Payment of $198,890 to Loessberg within 30 days of the agreement's effective date.
Agreement requires approval from the San Jose City Council and the Workers' Compensation Appeals Board.
Loessberg agrees to dismiss the lawsuit with prejudice after receiving payment.
Limitations
The document appears to be a draft.
Specific dates for signatures and approvals are not provided.
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SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (“Agreement”) is made by and between CASILIA LOESSBERG (“Plaintiff” or “LOESSBERG”), and the CITY OF SAN JOSE (hereafter “CITY”). LOESSBERG and CITY are collectively referred to as “Parties” in this Agreement. WHEREAS, Plaintiff filed a lawsuit on February 22, 2023 entitled Casilia Loessberg v. City of San Jose, et al. in the Superior Court for the State of California, County of Santa Clara, case number 23CV411999 (the “Lawsuit”); WHEREAS, CITY and its employees have denied, and continue to deny, all allegations in the Lawsuit, including but not limited to allegations of discrimination, harassment, retaliation, or otherwise actionable conduct; WHEREAS, CITY strives to maintain a workplace free of discrimination, harassment, and retaliation. Toward that end, the CITY has a policy governing all CITY employees (including those in the Fire Department), which includes a prohibition on any and all discrimination, harassment, and retaliation in the workplace; WHEREAS, LOESSBERG retired from CITY employment effective May 30, 2023; WHEREAS, the Parties desire and have agreed to resolve fully and finally any and all...