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HomeMy WebLinkAboutJENNIFER CHANlF , ;,iA,:; , . I�UiAEI� E3 2 2 2021 0.1 W (N y cakla Vi laSehor) (0) Iz SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS N-2021-033 This Settlement Agreement and Release of All Claims (hereinafter "Agreement") is made and entered into by and between JENNIFER CHAN (hereinafter "Plaintiff'), and CITY OF SANTA ANA (hereafter "Defendant"). WHEREAS, Plaintiff filed an action against Defendant in the Superior Court of the State California, County of Orange, Central Justice Center District known as JENNIFER CHAN v. CITY OF SANTAANA. et al., Case No. 30-2019=ti1111516 (the "Action"). WHEREAS, Plaintiff, JENNIFER CHAN, and Defendant (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: FIRST: This Agreement and compliance with this Agreement shall not be construed as an admission by Defendant of any liability whatsoever, or as an admission by Defendant of any violation of the rights of Plaintifforanyperson, violation ofanyorder, law, statute, duty, or contract whatsoever against Plaintiff or any person. Defendant 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 Defendant. Likewise, this Agreement and compliance with ibis Agreement shall not be construed as an admission by Plaintiff of any liability, misconduct, or wrongdoing whatsoever. (a) Each party will exchange a fully signed executed copy or original of this Agreement. Defendant cannot proceed with processing payment without a fully executed copy of the Agreement from Plaintiff. (b) Following receipt of, or in exchange for, an executed copy of a Request for Dismissal form from Plaintiff dismissing this Action with prejudice, Defendant will make available a check in the amount of Seven Thousand Five Hundred (S7,500) made payable "JENNIFER CHAN AND LAW OFFICES OF ROLF J. ROLNICKI". This amount represents a full and complete settlement of Plaintiffs claims for all damages alleged in the Action. The City of Santa Ana will file the Request for Dismissal following receipt of same. Plaintiff and Defendant agree that this Agreement constitutes full and complete settlement of all claims made against Defendant in this Action. Plaintiff will not seek any further compensation for any other claimed damages, costs, or attorneys fees in connection with the matters encompassed in this Agreement. Page t of THIRD: Plaintiff acknowledges and agrees that Defendant has made no representations regarding the tax consequences of any amounts received pursuant to this Agreement. Plaintiff agrees that she and she alone is liable for all taxes, if any, which are owed by her on any amount received hereunder including interest and penalties. Plaintiff will hold Defendant harmless from any and all claims made by federal, state, or local taxing authorities or lien holders against Plaintiff on amounts owed by him. FOURTH: Plaintiffrepresents that, with the exception of this Action and the government tort claim associated therewith and submitted to the City of Santa Ana, she has not filed any complaints, claims, or actions against Defendant including any of its officers, agents, directors, supervisors, employees, or representatives of Defendant with any state, federal, or local agency or court and that she will not do so at any time hereafter as it relates to this Action and that if any agency or court assumes jurisdiction of any complaint, claim, or action against Defendant on Plaintiff's behalf, Plaintiff will direct that agency or court to withdraw and dismiss the matter with prejudice. (a) Plaintiff acknowledges that she filed a separate action entitled, Jennifer Chan v. Reina Castro Martinez, et at., ©range County Superior Case No. 30-2020-01139971-CU-PA- CdC ("Related Action"), that arises from the same set of facts and circumstances that gave rise to this Action. Attached as Exhibit "A" is a conformed copy of the dismissal of the Related Action. Plaintiff acknowledges that a notice of related action was not filed in the Action to notify the City of the Related Action. FIFTH: The parties hereto hereby agree that all rights under Section 1542 of the Civil Code of the State of California are hereby waived. Civil Code Section 1542 provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." SIXTH: Notwithstanding the provisions of Civil. Code section 1542, each party hereby irrevocably and unconditionally releases and forever discharges each other party and each and all of its officers, agents, directors, supervisors, employees, representatives, and its successors and assigns and all persons acting by, through, under, or in concert with each other party from any and all charges, complaints, claims, and liabilities of any kind ornamre whatsoever, known or unknown, suspected or unsuspected (hereinafter referred to as "claim" or "claims") which each releasing party at any time heretofore had or claimed to have or which each releasing party at any time hereafter may have or claim to have, incidental to the incident(s) which form the basis of the Action. SEVENTH: Each person signing below represents that he/she has reviewed all aspects of this Agreement, that the Agreement has been carefully read and fully explained to them and that they understand every provision of this Agreement, that they understand that in agreeing to this document they are releasing each party hereby from any and all claims they may have against each party released, that they voluntarily agree to all the terms set forth in this Page 2 of 4 Agreement, that they knowingly and willingly intend to be legally bound by the same, that they were given the opportunity to consider the terms of this Agreement and had the opportunity to discuss this Agreement with legal counsel. Each party hereby warrants they have the authority to enter into this Agreement and bind the party for whose benefit they execute this Agreement. EIGHTH: The Parties represent and acknowledge that in executing this Agreement they do not rely and have not relied upon any representation or statement made by another party or by another parties' agents, attorneys, or representatives with regard to the subject matter, basis, or effect of this Agreement or otherwise, other than those specifically stated in this Agreement. NINTH: This Agreement shall be binding upon the Parties, upon their heirs, administrators, representatives, executors, predecessors, successors, and assigns, and shall inure to the benefit of said parties and each of them and to their heirs, administrators, representatives, executors, predecessors, successors, and assigns. TENTH: Should any provision of this Agreement be declared or be determined by any court of competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining parts, terms, or provisions shall not be affected thereby, and said illegal, unenforceable, or invalid part, tern, or provision shall be deemed not to be a part of this Agreement. ELEVENTH: This Agreement sets forth the entire agreement between the parties hereto and fully supersedes any and all prior agreements or understandings, written or oral, between the Parties pertaining to the Action or this Agreement. TWELFTH: This Agreement shall be interpreted in accordance with the plain meaning of its terns and not strictly for or against any of the parties hereto. THIRTEENTH: This Agreement may be executed in counterparts, secured via e- mail, facsimile transmission or otherwise, each of which shall be deemed to be an original, Photocopies of any executed counterpart shall have the same force and effect as an original. PARTIES: Plainntitf f i Dated: NNIFER CHAN Plaintiff [CONTINUED ON NEXT PAGE[ Page 3 of N-2021-033 2dUWA= Dated: Jason Motsick Executive Director of Human Resources City of Santa Ana ATTEST: CITY OF SANTA ANA, a charter law city and municipal corporation, duly organized and existing under the Constitution and laws of the State of California LLDated: 47-p-1p—o�, B --�z AS Daisy Gomez, Clerk of the Council APPROVED AS TO FORM: Dated: Dated: 2/18/31 LAW OFFICES OF ROLF J. ROLNICKI A Rolf J. Rofifiicki Attom /far Plaintiff Jennif& Chan SONIA R. CARVALHO City Attorney City of S ngta Ana �ndra M. Senior Assistant City Attorney Attorneys for Defendant City of Santa Ana Page 4 of 4 EXHIBIT "A" clec(ronlcauy rueu uy oupenur tour( ul ,aiforIna, t.,oun(y of orange, u Ii 141LUL I ucoa:uu rlvl. 30-2020-01139971-CU-PA-CJC - ROA # 10 - DAVID H. YAMASAKI, Clerk of the Court By Joanna Gaytan, Deputy Clerk. CIV•110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slaf, Ownum6er, aw address): Rolf J. Rolnick! (SBN 92448), Law Offices of Rolf J. Rolnick! Fon counrusE DNLY 600 W. Santa Ana Blvd., Suite 814, Santa Ana, CA 92701 TELEPHONE NO. (714)835-6300 FAX NO.(Opdonag: EMAIL ADDRESS (Oplima8; ATTORNcyrbn(Nama):Plaintiff, JENNIFERCHAN SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE STREET ADDRESS- 700 Civic Center Drive West MAILING ADDRESS: P.O. Box 22014 CRYANo2IPCooE: Santa Ana, CA 92701 BRANCH NAME: Central Justice Center PLAINTIFFIPETITIONER: JENNIFER CHAN DEFENDANTIRESPONDENT: REINA CASTRO MARTINEZ, et al. REQUEST FOR DISMISSAL CASE NUMBER: 30-2020-01139971 A conformed copy will not be returned by the clerk unless a method of return is provided with the document, This form may not be used for dismissal of a derivative action or a class action or of any party or cause of action in a class action. (Cal. Rules of Court, rules 3.760 and 3.770.) 1. TO THE CLERK: Please dismiss this action as follows: a. (1) With prejudice (2) = Without prejudice b. (1) Complaint (2) [J Petition (3) = Gross -complaint filed by (name): on (date): (4) Cross -complaint filed by (name): on (date): (5) Entire action of all parties and all causes of action (6) Other (specify):` 2. (Complete in all cases except family law cases.) The court = did F71 did not waive court fees and costs for a party in this case. (This information may be obtained from the clerk. If court fees and costs were waived, the declaration on the back of is form e co�letsd . Date: 1/8/2I Rolf d-.RgITucki ...................... . .... . . . (TYPE OR PRINT NAM E OF ©ATTORNEY =PARTY WITHOUT ATTORNEY) ez (SIGNATURE) 'If dismissal requested Is of specified parties only Of spewed causes of action Attorney or pa without attorney for only, or of specified crosacomoolIaunts only so state and Identify the Parties, PlaintifflPetilioner [] DefendanVRespondent causes of action, ar crosscumplaints to be dismissed. = Cross -Complainant 3. TO THE CLERK: Consent to the above dismissal is hereby given." Date: I (TYPECRPRIWNAMEOF = ATTORNEY= PARTYPdTHOUTATTORNEY) (SIGNATURE) -If a cross -complaint -or Response (Family Law) seeking atfimlative Attorney or party without attorney for. relief - is on file, the attorney for cress -complainant (respondent) must sign this consent if regeired by Code of Civil Procedure section 581 (1) = PlaintifftPetitioner = DefendanVRespondent or f). = Cross -Complainant (To be completed by clerk) 0111412 O 21 4. ® Dismissal entered as requested on (date): 5 = Dismissal entered on (date): as to only (name): 6. Dismissal not entered as requested for the following reasons (specify): 7. a. 0 Attorney or party without attorney notified on (date): b. 0 Attorney or party without attomery not notified. Filing party failed to provide = a copy to be conformed = means to return conformed copy �/`` �- Joanna Gaytan David H Yamesaki, Clerk of the CourtDate: OlilX2021 Clerk, by L A -A , Deputy tl Page 1 or I on Atloptetl for Mandatory Usa Coda of CIA Procedure, 1501 at a" .wmrmc ,rfor ndra,ala REQUEST FOR DISMISSAL Gov.Code.S50a3T(e); car Rules of Down. rule 3.1390 CIV-110 PLAINTIFF/PETITIONER: JENNIFER CHAN CASE NUMBER: DEFENDANT/RESPONDENT: REINA CASTRO MARTINEZ, et al. 30-2020 01139971 COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS If a party whose court fees and costa were initially waived has recovered or will recover $10,000 or more In value by way of settlement, compromise, arbitration award, mediation settlement, or other means, the court has a statutory lien on that recovery. The court may refuse to dismiss the case until the lien is satisfied. (Gov. Code, § 68637.) Declaration Concerning Waived Court Fees 1. The court waived court fees and costa in this action for (name): NIA 2. The person named in item 1 Is (check one below): a. © not recovering anything of value by this action. b. recovering less than $10,000 In value by this action, c. 0 recovering $10,000 or more In value by this action. (If Item 2c is chocked, Item 3 must be completed.) 3. 0 All court fees and court costs that were waived In this action have been paid to the court (check one): 0 Yes = No I declare under penally of perjury under the laws of the State of California that the information above is true and correct. Date: 1/8121 Rolf). Rolnicki (TYPE OR PRINT NAME OF ATTORNEY PARK MAIGNG DECLARATION) (SIGNATURE) 0*1101Ray. January 1.20101 REQUEST FOR DISMISSAL Pepe 2 012 21 13 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SLe RVICE STATE OF CALIFORNIA, COUNTY OF ORANGE At the time of service I was over 18 years of age and not a party to this action. My business address is 600 W. Santa Ana Blvd., Suite 814, Santa Ana, CA 92701. My electronic service address is kathy@rolnickilaw.eom. On January 14, 2021, I served the following documents: REQUEST FOR DISMISSAL I served the documents on the person(s) below as follows: Kraig Leland Mercury Insurance P.O. Box 10730 Santa Ana, CA 92711-0730 khletand@mercuryinsurance.com The documents were served by the following means (spec): O By United States mail: I enclosed the documents in a sealed envelope or package addressed to the addressee above and (specify one): ( ) deposited the sealed envelope with the United States Postal Service with postage fully prepaid; or (x) placed the envelope for collection and mailing, following our ordinary business practice for collection and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing,. it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepared. I am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at Santa Ana, California. (X) By electronic service: I electronically served the documents to the addressee listed above at the addressee's email address listed above. O By personal service: I personally delivered the documents to the addressee listed above. (1) For a party represented by an attorney, delivery was made (a) to the attorney personally; or (b) by leaving the documents at the attorney's office, in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an individual in charge of the office; or (c) if there was no person in the office with whom the notice or papers could be left, by leaving them in a conspicuous place in the office between the hours of 9:00 a.m. and 5:00 p.m. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person not younger than 18 years of age between the hours of 8:00 a.m. and 6:00 p.m. () By fax transmission: Based on an agreement of the parties to accept service by fax transmission, I faxed the documents to the persons at the fax number(s) listed above. No error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached. (x) By messenger service: I served the documents by placing them in an envelope or package addressed to the addressee listed above and providing them to a professional messenger service for service. (Attach Declaration of Messenger) I declare under penalty -of perjury under the and correct. is true PROOF OF SERVICE