Title
[Contract Supplement] Approval of Legal Services for Cherie Kindel v. City of Sacramento Litigation
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FileID
File ID: 2026-01323
Location
Location: Citywide
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Recommendation
Recommendation: Pass a Motion authorizing the City Attorney or designee to execute supplemental contract No. 2023-0804 with Matheny Sears Linkert & Jamie LLP, for a new not-to-exceed amount of $290,000.00, for litigation assistance in the lawsuit Cherie Kindel v. City of Sacramento.
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Contact
Contact: Brett Witter, Assistant City Attorney, (916) 808-5346, bwitter@cityofsacramento.org, Office of the City Attorney
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Presenter
Presenter: None
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Attachments
Attachments:
1-Description/Analysis
2-LSA: Supplement 1 to Contract 2023-0804
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Description/Analysis
IssueDetail
Issue Detail: CAO is seeking Council approval to supplement the current legal services agreement with Matheny Sears Linkert & Jamie LLP, in an amount not to exceed $290,000.00, for expenses associated with the litigation entitled Cherie Kindel v. City of Sacramento. This amendment is necessary because the City’s defense in this employment litigation has required significant legal services by Matheny Sears Linkert & Jamie LLP.
The City Attorney’s Office maintains a pre-approved list of qualified outside counsel available to assist with litigation matters. Matheny Sears Linkert & Jamie LLP. has been selected as the most qualified firm to strongly represent and defend the City’s interest in this lawsuit.
It is recommended that the Council authorize the City Attorney amend the contract for legal services with Matheny Sears Linkert & Jamie LLP. for a new amount not to exceed $290,000.00.
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PolicyConsiderations
Policy Considerations: This funding is required to secure representation and defense of the City in this litigation.
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EconomicImpacts
Economic Impacts: Not applicable.
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EnvironmentalConsiderations
Environmental Considerations: Contracting for outside legal services is an administrative activity that will not result in direct or indirect physical changes in the environment and is not a project subject to California Enviornmental Quality Act (CEQA) review. CEQA Guidelines section 15378 (b) (5).
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Sustainability
Sustainability: Not applicable.
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Commission/Committee Action
Commission/Committee Action: Not applicable.
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RationaleforRecommendation
Rationale for Recommendation: On December 5, 2022, Plaintiff, Cherie Kindel claims to have tripped and fallen on uneven pavement on her way into the Round Corner Tavern located at 2333 S Street and suffered injuries. Trial was continued by stipulation to March 29, 2027. The City requires the assistance of outside counsel in defense of the lawsuit.
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FinancialConsiderations
Financial Considerations: There will be no impact to the City’s General Fund. The City’s defense is being paid out of the Risk fund.
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LocalBusinessEnterprise
Local Business Enterprise (LBE): Matheny Sears Linkert & Jamie LLP. is an LBE.
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