SHYNN, CHRISTOPHER 1 - Laserfiche WebLink

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9n N-2096-038 Assumption of Defense and Reservation of Rights Agreement This Assumption of Defense and Reservation of Rights Agreement (the "Agreement") is entered into by Christopher Shyan, an individual ("SITYNN"), and the City of Santa Ana ("CITY"). RECITALS A. On or about June 3, 2015 and thereafter, the City was served with three separate lawsuits naming the CITY and SIIYNN as defendants. The lawsuits have all been consolidated into one and are entitled MMZ, by and through her guardian ad litem JAZMIN ZARA TE, as successor in interest to ERNESTO CANEPA, deceased and JAZM. IN ZARA TE, JUANA DIAZ, ERNESTO CANEPA ALVARE7 individually v. CITY OF SANTA ANA, CHRISTOPHER SITYNN, and DOES 1 through 10, INCLUS'I'VE, United States District Court Case No. 8:15-ev-00851; DC by and through his guardian ad litem MARIA GUADALUPE GARCIA v. CITY OF SANTA ANA, CHRISTOPHER SITYNN, and DOES I THROUGH 10; INCLUSIVE, United States District Court Case No.. 8:15-cv-00852; and El.0 and Er.0 by and through their guardian ad litem TERESA GARCIA, individually and as successor in interest to ERNESTO CANEPA, deceased, v. CITY OF SANTA ANA, CHRISTOPHER SITYbi 'h; and DOES 1 THROUGH 10, INCL USIVE, United States District Court Case No. 2:15-ev-04071 (the "Lawsuits"). The Lawsuits assert claims against CITY and all defendants for unreasonable search and seizure -detention and arrest (42 USC section 1983); Unreasonable search and seizure -excessive force (42 USC section 1983); Substantive Due Process (42 USC section 1983); and municipal liability for unconstitutional custom, practice or policy (42 USC section 1983). Plaintiffs seek damages against CITY and SIIYNN, A. Under California Government Code sections 825 and 995, SITYNN has requested that CITY provide his legal defense in the Lawsuit and signed an authorization of defense providing that the City Attorney's Office was authorized to defend him in this matter. C. On October 5, 2015, SITYNN was served with a Notice of Intent to Discipline as a result of the incident that forms the basis for this lawsuit. As a result, the City of Santa Ana has now determined that there is an actual conflict of interest between SITYNN and the CITY warranting that separate counsel be provided to SITYNN for his representation in this matter. D. CITY desires and agrees to provide a legal defense of SITYNN in the Lawsuit on the terms and conditions set forth herein. Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged —including, without limitation, the recitals, the covenants, conditions, representations and warranties set forth in this Agreement — the parties hereto agree as follows: 1. Provision of Defense A. The CITY, at its sole discretion, will select and pay for separate counsel to represent SITYNN in this matter on the condition that SITYNN reasonably and in good faith cooperate in the conduct of SITYNN'S defense with the CITY and understand that the CITY is reserving its rights pursuant to Section 3 of this Agreement.