A tentative settlement has been reached in a lawsuit filed against Los Angeles County on behalf of three young daughters of a man killed in the East Los Angeles area by a sheriff’s deputy in a shooting that also left her partner wounded by “friendly fire,” court papers show.

Ivan Pena, 42, of Los Angeles, died at the scene of the shooting, which occurred about 11:30 p.m. Sept. 24, 2018, in the 3600 block of Meisner Street in City Terrace, according to the coroner’s office and the sheriff’s department.

Los Angeles Superior Court Judge David Sotelo has ordered attorneys in the case to show by Oct. 23 why the case should not be dismissed in the wake of the settlement, which is subject to approval by the Board of Supervisors. The terms of the accord were not divulged in court papers and the plaintiffs’ attorneys did not immediately return a call for comment.

The suit was filed on behalf of Pena’s 6-, 5- and 3-year-old daughters in February 2019 by their guardian, alleging negligence, assault and battery and civil rights violations.

Pena was “simply talking to friends in the car” and the deputies “concocted” a version of events to falsely claim that Pena fired shots at them, the suit alleges.

“Without cause and based partly on racial animus, (deputies), shot (and) ultimately killed (Pena),” the suit alleges.

Then-Sheriff Jim McDonnell stated shortly after the shooting that the wounded deputy and his partner saw a vehicle at the location with three people inside, including Pena, who was a passenger.

“As they began to interact with the people in the car, one of the deputies spotted something that was suspicious,” McDonnell said at a news conference in the hours after the shooting. “At that point, one of the individuals in the vehicle got out and an altercation ensued. The suspect came up with a gun. The deputy and the suspect were engaged in an altercation for the gun.”

The other deputy saw what was happening between her male partner and Pena and approached with her weapon drawn and the deputy-involved shooting occurred, McDonnell said.

According to the District Attorney’s Office, which found Pena’s shooting occurred in self-defense, the female deputy fired three shots to protect herself and her partner. Pena was struck by gunfire and was taken into custody by both deputies, according to the District Attorney’s Office.

The male deputy was hit by one of the female deputy’s shots and both deputies suffered abrasions during a struggle with Pena on the ground, according to the District Attorney’s Office. Paramedics were summoned and pronounced Pena dead at the scene, while the male deputy was taken to a hospital and treated for a gunshot wound to his right forearm.

The two other people in the car — a 42-year-old man and a 30-year old woman — were detained by deputies, but neither took an active role in the altercation, sheriff’s officials previously said.

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