|
IPJiI,'FiT�PJCr iv(ilfila+:'.1UiilLil�
<br />W011K i iAYWOF COUNCIL
<br />F f til( Ei117
<br />DEC 1 1 2018
<br />p'.
<br />CAO CO,
<br />J tn,Nu�F�r. PKt�. 1.
<br />RELEASE AND SETTLEMENT AGREEMENT
<br />PARTIES
<br />A-2018.277
<br />This Settlement Agreement and Release is made and entered into this �th day of
<br />September, 2018, by and between Rita Marie Gomez, Rita Dolores Gomez, and Rita
<br />Virginia Fox (hereinafter "Plaintiffs') and the City of Santa Ana, its council members,
<br />administrators, risk managers, insurers, employees, heirs, successors, assigns and attorneys,
<br />principals, employees, law enforcement officers and deputies, and agents (hereinafter "the
<br />City of Santa Ana").
<br />2. RECITALS
<br />A. Plaintiffs allege that on April 19, 2015, Adrisesue Gomez was struck by
<br />motorist Francisco Hernandez, as he was making a left hand turn out of the parking lot of a
<br />99 Cents Store at or about Main Street and 16th Street in the City of Santa Ana, California.
<br />Ms. Gomez died as a result of her injuries.
<br />B. A civil lawsuit was then subsequently filed in the Superior Court for the
<br />County of Orange, entitled Rita Marie Gomez, et. al. vy City of Upland, et al„ bearing case
<br />number 30-2017-00898044-CU-PO-CJC against Defendant, City of Santa Ana. Plaintiffs'
<br />operative Second Amended Complaint for Damages contained a single cause of action
<br />against the City of Santa Ana for dangerous condition of public property, as well as
<br />negligence against unnamed "non-public entity defendants." Plaintiffs thereafter named 99
<br />Cents Only Stores LLC, HKJ Gold, Inc., Howard Gold, Jeff Gold, Eric Schiffer, Karen
<br />Schiffer, and Francisco Hernandez as DOE defendants to this action.
<br />C. In order to avoid the substantial expense and inconvenience of further
<br />litigation, Plaintiffs and the City of Santa Ana now desire to finally settle all claims or
<br />potential claims arising from any transactions or occurrences between Plaintiffs and the City
<br />of Santa Ana, as well as to provide for certain payment in full settlement and discharge of
<br />any and all claims, which Plaintiffs have or may have had, by reason of the litigation
<br />between the parties, and based upon the terms and conditions set forth below.
<br />3. RELEASE AND DISCHARGE
<br />A. It is understood and agreed by the parties that this Release completely
<br />releases and forever discharges the City of Santa Ana, its council members, administrators,
<br />risk managers, insurers, employees, heirs, successors, assigns and attorneys, principals,
<br />employees, law enforcement officers and deputies, and agents, from any and all claims, of
<br />any kind, nature and character, known or unknown, including any and all claims for punitive
<br />damages and attorneys' fees and costs which Plaintiffs may now have, or has ever had,
<br />against the City of Santa Ana, including, but not limited to, any other claims and causes of
<br />action, known or unknown, arising out of the events or incidents referred to in the pleadings
<br />in this action.
<br />B. In consideration of the payment set forth in Section 5 below, Plaintiffs
<br />unconditionally, irrevocably and absolutely release and discharge the City of Santa Ana as
<br />Page 1 of 6
<br />
|