HomeMy WebLinkAboutZAPIEN, MARTHA; TECHNOLOGIC INSTITUTE OF SOUTHER CA. INC. DBA CA. PREMIERCOLLEGE INC.; ZAPIEN, JONATHAN-QUIRED
JUN 0 2 2021 F°cE:)
J�/UIV JII_
0,CftCO) C LAwo-
0iks161) *:A —
SETTLEMENT AGREEMENT AND
RELEASE OF ALL CLAIMS
N-2021-120
This Settlement Agreement and Release of All Claims (hereinafter "Agreement") is made
and entered into by and between Plaintiffs and Cross -Defendant, MARTHA ZAPIEN; Plaintiff
and Crass -Defendant TECHNOLOGIC INSTITUTE OF SOUTHERN CALIFORNIA INC. DBA
CALIFORNIA PREMIER COLLEGE INC. C technologic"); Cross -Defendant JONATHAN
ZAPIEN as an individual and in his capacity as Trustee of SA INTERVIVOS TRUST; Cross -
Defendant SA INTERVIVOS TRUST; Defendant and Cross -Complainant, THE CITY OF
SANTA ANA ("City"); and Defendant VACANT PROPERTY SOLUTIONS, LLC. ("VPS").
Plaintiffs, Cross -Defendants, Defendants, and Cross -Complainant are also collectively referred
to herein as "the Parties "
WHEREAS, Plaintiffs filed an action against Defendants CITY and VPS and four of
Defendant CITY's individually named employees, YVETTE AGUILAR, JOSE DESOTO,
POLICE SERGEANT RICHARD WEBER, and POLICE CPL. BERTAGNA. Said action was
tiled in the Superior Court of the State California, County of Orange and known as MARTHA
ZAPIEN. et al. v. THE CITY OF SANTA ANA, et al., Case No. 30-2017-00952971 (the "Action").
WHEREAS, Defendant/Cross-Complainant CITY filed a Cross -Complaint against
Plaintiffs/Cross-Defendants MARTHA ZAPIEN and TECHNOLOGIC and Cross -Defendants,
JONATHAN ZAPIEN as an individual and as Trustee of the SA INTERVIVOS TRUST, entitled
The CITY OF SANTA ANA V. MARTHA ZAPIEN, et al, Case No. 30-2017-00952971 ("the
Cross -Complaint'
WHEREAS, the Parties desire to settle fully and finally all differences between them,
including, but in no way limited to, those differences described above in the Action and the Cross -
Complaint.
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:
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 Plaintiffs or any person, violation of any order, law, statute,
duty, or contract whatsoever against Plaintiffs or any person. Defendants specifically
disclaim any liability to Plaintiffs or any other person for any alleged violation of the
rights of Plaintiffs 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 Plaintiffs or Cross -Defendants of any misconduct or wrongdoing whatsoever.
2. The Parties agree to settle the Action and Cross -Complaint on the following terms:
A. Cross -Defendants MARTHA ZAPIEN, TECHNOLOGIC, JONATHAN
ZAPIEN in his individual capacity and as Trustee of Cross -Defendant SA
INTERVIVOS TRUST and SA INTERVIVOS TRUST, jointly and severally,
agree to pay to Cross -Complainant CITY fifty thousand dollars and zero cents
($50,000.00) for costs of abatement and staff time ("Payment") as outlined in
the Cross -Complaint:
I ) Payment will be made in installment payments of $3,000 per month for
sixteen months and one payment of $2,000 for the last payment inmonth
seventeen. The City will invoice Cross -Defendants for the first payment
starting in June 2021. The City will invoice Cross -Defendants each
month until Payment is made in full. Cross -Defendants will have thirty
(30) days to remit payment to the City. Nothing in this Agreement
prohibits Cross -Defendants from making any payment before it is due
or paying the remaining balance prior to the date that the last invoice is
received from the City.
2) The City shall invoice Cross -Defendants at the address listed below. It
shall be Cross -Defendants obligation to provide the City notice pursuant
to the terms of this Agreement if they want the invoices sent to another
address.
Address for Invoices
Martha Zapien
Jonathan Zapien, 'individually and as Trustee of SA Inter Vivos Trust
2530 North Grand Avenue
Santa Aua, CA 92705
3) All payments shall be made by check or cashier's check made payable
to "THE CITY OF SANTA ANA" and remitted by the date specified
on each invoice and to the address specified on each invoice.
B. Cross -Defendant MAR'THA ZAPIF.N; JONATHAN ZAPIEN individually and in his
capacity as Trustee of Cross -Defendant SA INTERVIVOS TRUST; and
TECHNOLOGIC also agree to a Stipulated Judgment on the Cross -Complaint in favor
of Cross -Complainant CITY in the amount of one hundred thousand dollars and zero
cents ($100,000.00) to secure the Payment. Said Stipulated Judgment shall be in a form
mutually agreed upon by the Parties.
a) Plaintiff and Cross -Defendants understand that the Stipulated Judgment will
be used to effectuate a Judgment Lien on the property owned by Cross -
Defendant SA INTERVIVOS Trust located at 2530 North Grand Avenue in
the City of Santa Ana ("the Property") or any other property owned by any
of the Cross -Defendants to secure the Payment and will be recorded on the
Property as soon as possible after issued by the Court in this matter.
b) The Judgment Lien will be released in full by the CITY within thirty (30)
days of the date that Cross -Defendants' last and final check clears the bank
regarding the Payment outlined in section 2A(l)-(3) above.
c) In the event that, Cross -Defendants fail to timely make any of the monthly
payments outlined in section 2A(1)-(3) above or any payment is returned for
insufficient funds, it shall constitute a default of the Payment obligations
under this Agreement and shall absolve City of any obligation to release the
Judgment Lien on the Property. Upon default, CITY shall be under no
obligation to accept any remaining payments.
d) In the event that Cross -Defendants make some but not all of the monthly
payments specified in section 2(A)(1)-(3) above and ultimately default on
the Payment obligation leaving the resulting Judgment Lien, City agrees that
upon satisfaction of the Judgment Lien through a resulting escrow, Cross -
Defendants will be entitled to a credit against the Judgment Lien in the
amount of monthly payments made prior to default pursuant to this
Agreement. The amount of said credit will be subject to verification by the
City's Finance Department.
C. CITY agrees that once the Judgment Lien is recorded on the Property, CITY will
canceVrevoke the administrative citations set forth in the Cross -Complaint and
previously issued regarding the Property. Cross -Defendants acknowledge and
understand that this provision does not apply to any administrative citations issued
regarding the Property but not listed in the Cross -Complaint or issued to Cross -
Defendants after April 4, 2017;
D. Plaintiffs/Cross-Defendants acknowledge and agree that Defendant, VPS, will pay
nothing as part of this Agreement to any other party.
E. The Parties agree that the Court will retain jurisdiction over the Parties to enforce the
terms of this Agreement for a period of two years from the date the Settlement
Agreement is frilly executed pursuant to Code of Civil Procedure Section 664.6.
F. Within seven (7) business days of the date that this Agreement is fully executed by the
Parties, Plaintiffs agree to provide Defendant CITY OF SANTA ANA with a fully
executed Request for Dismissal with prejudice regarding the entire Action;
G. The Parties agree to file the Proposed Stipulated Judgment on the Cross -Complaint or
any other documentation necessary to effectuate the intended Judgment Lien with the
Court no later than May 18, 2021 or any date thereafter agreed upon in writing by the
Parties or their respective attorneys.
H. The Parties all agree to waive any claim for costs (other than those specified in this
Agreement) and any claim for attorney's fees resulting from this Action or the Cross -
Complaint.
Plaintiffs and Cross -Defendants represent that, with the exception of this Action and the
government tort claim associated therewith, t h e y have not filed any complaints,
claims, or actions against Defendants including any of their respective officers, agents,
directors, supervisors, employees, or representatives with any state, federal, or local
agency or court and that they will not do so at any time hereafter as it relates to this
Action or the Cross -complaint and that if any agency or court assumes jurisdiction of
any complaint, claim, or action against Defendants on Plaintiffs' or Cross -Defendants'
behalf, Plaintiffs and Cross -Defendants will direct that agency or court to withdraw and
dismiss the matter with prejudice.
4. The Parties hereby agree to waive all rights tinder Section 1542 of the Civil Code of the
State of California. 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:"
Initials _
Name of Party
Martha Zapien, Plaintiff/Cross-
Defendant
Technologic Institute of Southern
Califorma Inc. dba California Premier
College, Cross -Defendant
Jonathan Zapien, individually, Cross -
Defendant
w
_
Jonathan 7,apien, Trustee of SA
lntervivos Trust, Cross -Defendant
S. Notwithstanding the provi tons 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 or
nature 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.
6. 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 Agreement, that they knowingly and willingly intend to be legally
bound by the same, that they were given the opportunity to consider the terns of this
Agreement and had the opportunity to discuss this Agreement with legal counsel
representing them in this matter, or any other legal counsel of their choosing. Each party
hereby warrants that they have the authority to enter into this Agreement and bind the
party for whose benefit they execute this Agreement.
7. The Parties hereto represent and acknowledge that in executing this Agreement they do
not rely and have not relied upon any representation or statement made by any of the
Parties or by any of the 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.
8. Any Notice required pursuant to this Agreement will be made as follows:
To Plaintiffs/Cross-Defendants
Amador Corona, Esq.
Law Offices of Amador Corona
121 E. Fourth Street, Suite C
Corona, CA 92879
Fax: (951) 279-8862
Email: lawcorona a,lawcorona.com
To Defendants/Cross-Complainant
With courtesy copy to:
Clerk of Council
City Attorney
City of Santa Ana
City of Santa Ana
20 Civic Center Plaza. M-30
20 Civic Center Plaza, M-29
Santa Ana, CA 92702
Santa Ana, CA 92702
Cita
Fax: (714) 647-6515y
LRossiniCe�santa-ana.org
9. This Agreement shall be binding upon the parties hereto and 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.
10. 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, term, or provision shall be deemed not
to be a part of this Agreement.
11. 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 hereto pertaining to the subject matter hereof.
5
12. This Agreement shall be interpreted in accordance with the plain meaning of its terms
and not strictly for or against any of the Parties hereto.
13. If legal action is necessary to interpret, enforce or seek remedies for a breach of any part
of this Agreement, the prevailing Party shall be entitled to reasonable costs and attorney's
fees incurred in seeking such enforcement or remedy.
14. 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 and can be
combined into one document to constitute an original fully executed Agreement.
Photocopies of any executed counterpart shall have the same force and effect as an
original.
IN WITNESS WHEREOF, this Agreement is executed by the Parties as follows:
P A(Nl;IrFS/CR Ss -DE,
Dated: /7
Dated:/ /
MARTS pr
TECHNOLOGIC SOUTRERN
CALIFORNIAiC DBA CALIFORNIA PREMIER
COLLEGEINC.
G2 tdJ. ` 2 (Name)
✓'�Y�.Si 'fit " i,�-�7�ti✓� (Title)
[SIGNATURES CONTINUE ON THE NEXT PAGE]
N-2021-120
D� EFENDA NT/CROSS-COYrP1.Al NANT
Dated:
ATTEST:
Dated:
DEFENDANT
Dated: S/ &P /a I
Dated: cJ1Z 1 a Oat
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
By: 7;Z� 4
Kristine Ridge, ityManager
CITY OF SANTA ANA, a charter law city and municipal
corporation, duly organized and existing under the
Constitution and laws of the State of Califomia-,rs.-ri
VACANT PROPERTY SOLUTIONS LLC:
Cc� A a (Name)
YCC'.S i dP c+'Y (Title)
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
1
Laura A. Rossini
Chief Assistant City Attorney
Attorneys for Defendants and Cross -Complainant
CROSS-MMMI NDANTS
Dated: r 1
Dated: t✓���4�
Dated: May 17, 2021
Jonathan AZapttenan individ tal
Jonatit Lal' n, Trustee of
SAW ERV VOS TRUST
APPROVED AS TO FORM:
LAW OFFICES OF AMADOR L. CORONA
Amador L. Corona, Esq.
Attorney for Plaintiffs and Cross -Defendants