LEBRES-ROSALES, DANIEL - Laserfiche WebLink

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INSURANCE NOT REQUIRED WORK MAY PROCEED N-2023-020 CLERK OF THE COUNCIL DATE: JAN 2 4 2023 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Settlement Agreement and Release of All Claims ("Agreement') is made and entered into by and between DANIEL LEBRES-ROSALES ('Plaintiff'), and CITY OF SANTA ANA and SCOTT COLLARD ("Defendants"). 0:y18 U)(Sµ)Q- 0 WiTNES SF.TH: WHEREAS, Plaintiff filed an action against Defendants in the Superior Court of the State California, County of Orange, Central Justice Center District known as DANIEL LEBRES-ROSALES v. CITY OF SANTA ANA, SCOTT COLLARD, et al., Case No. 30-2022-01265343-CU-PA-CJC (the "Action"). WHEREAS, Plaintiff and Defendants (collectively, the "Parties"), desire to settle fully and finally all differences between them, including, but in no way limited to, those differences described above. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, receipt of which is hereby acknowledged, and to avoid unnecessary litigation, it is hereby agreed by and between the Parties as follows: 1. This Agreement and compliance with this Agreement shall not be construed as an admission by Defendants of any liability whatsoever, or as an admission by Defendants of any violation of the rights of Plaintiff or any person, violation of any order, law, statute, duty, or contract whatsoever against Plaintiff or any person. Defendants specifically disclaims any liability to Plaintiff or any other person for any alleged violation of the rights of Plaintiff or any person, or for any alleged violation of any order, law, statute, duty, or contract on the part of any employees or agents of Defendants. Likewise, this Agreement and compliance with this Agreement shall not be construed as an admission by Plaintiff of any liability, misconduct, or wrongdoing whatsoever. 2. Each party will exchange a fully signed executed copy or original of this Agreement. Defendants cannot proceed with processing payment without a fully executed copy of the Agreement from Plaintiff. 3. Following the City's receipt of: (a) an executed Request for Dismissal with prejudice of the entire Action from Plaintiff, the City will make available to Plaintiff a check in the amount of Forty Thousand Dollars and no cents ($40,000.00) made payable to "DANIEL LEBRES-ROSALES AND FIELDING LAW, APC". 4. The foregoing amount to be paid by Defendants represent the Defendants' full and complete settlement of Plaintiffs claims for all damages alleged in the Action. The City will file the Request for Dismissal following confirmation that Plaintiff has received the check from Defendants. 5. Plaintiff and Defendants agree that this Agreement constitutes full and complete settlement of all claims made against Defendants in this Action. Plaintiff will not seekany further compensation for any other claimed damages, costs, or attorney's fees in connection with the matters encompassed in this Agreement. Page t of 4