HomeMy WebLinkAbout2025-11 - Estate of Brian Umana - Settlement Agreement in the Amount of $1,000,000 RESOLUTION NO. 2025 - 11
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING THE SETTLEMENT AGREEMENT BETWEEN ESTATE OF BRIAN UMANA, BY
AND THROUGH HIS SUCCESSOR IN INTEREST, B.U., BY AND THROUGH HER GUARDIAN
AD LITEM ROBERTO UMANA, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO
BRIAN UMANA, MARGARITA CARDENAS AND THE CITY OF NATIONAL CITY, AND
AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION IN THE AMOUNT OF ONE
MILLION DOLLARS ($1,000,000) IN THE LIABILITY INSURANCE FUND.
WHEREAS, on October 25, 2022, Plaintiffs Estate of Brian Umana, by and through his
successor in interest, B.U., by and through her guardian ad litem Roberto Umana, individually
and as successor in interest to Brian Umana and Margarita Cardenas ("Plaintiffs")filed a lawsuit
against the City of National City ("City") and National City Police Officers regarding the alleged
wrongful death of Brian Umana; and
WHEREAS, Plaintiffs brought the suit in the United States District Court for the Southern
District of California; and
WHEREAS, the suit is titled Estate of Brian Umana v. City of National City, United States
District Court for the Southern District of California, Case Nos. 3:22-CV-01657-GPC-AGS AND
3:22-CV-01657-GPC-SBC ("Litigation"); and
WHEREAS, in Closed Session on December 3, 2024, the City Council, by the following
votes: Yeas, 5; Nays, 0; Absent, 0; authorized settlement on the Litigation for$1,000,000.00 and
according to such other terms more fully outlined in the Settlement Agreement; and
WHEREAS, this settlement is not an admission of guilt on the part of the City, or its
officers. The City's decision to reach a settlement is done to mitigate financial risk to the City and
taxpayers; and
WHEREAS, on January 20, 2025, Plaintiffs executed a Settlement Agreement agreeing
to resolve the Litigation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the City Council hereby approves the Settlement Agreement, attached
to the Agenda Report as Exhibit A, and authorizes the Finance Director to pay the sum of one
million dollars ($1,000,000) from the Liability Claims Cost Fund, account No. 627-10-15-15600-
7432, in settlement of each and every claim for damages, interest, costs, and fees of any type
against the City of National City, its agents and employees, arising from the Litigation filed by
Plaintiffs.
Section 2: That the City Council hereby authorizes the establishment of an
appropriation of one million dollars ($1,000,000) in the Liability Insurance Fund.
Section 3: That the City Clerk shall certify the passage and adoption of this Resolution
and enter it into the book of original Resolutions.
PASSED and ADOPTED this 4th day of February, 2025.
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Morrison, Mayor
ATTEST:
161
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Shelley Chap I MMC, C' y erk
APPROVED AS TO FORM:
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Barry J. Sch Itz ity Attorney
Passed and adopted by the City Council of the City of National City, California, on
February 4, 2025 by the following vote, to-wit:
Ayes: Molina, Rodriguez, Yamane, Bush, Morrison
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
. Shelley Chapel
City Clerk of the City of National City, California
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OP OQ BY:
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Shelle Chapel, MM ,
CA0/ City Clerk