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Home My WebLink AboutBAUTISTA, MARIArSwtAtiC N0f REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DATE: N-2022-063 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS (rev'd 2.16.22) jr: CAO(MtlYlCllA i SettYI meat A is Settlement Agreement and Release of All Claims ("Agreement") is made and entered into by N and between MARIA BAUTISTA ("Plaintiff'), t h e CITY OF SANTA ANA ("City") and H & G c SANCHEZ FAMILY TRUST ("Trust"). The City and Trust are collectively referred to as Defendants hereafter. Ca WITNESSETH: WHEREAS, Plaintiff filed an action against Defendants in the Superior Court of the State California, County of Orange, Central Justice Center District known as MARIA BAUTISTA v. CITY OF SANTAANA, H & G SANCHEZ FAMILY TRUST, et al., Case No. 30-2020-01123461-CL-PO- CJC (the "Action"). WHEREAS, the Trust filed a cross -complaint against the City in Superior Court of the State California, County of Orange, Central Justice Center District, H & G Sanchez Family Trust vs. City of Santa Ana, and ROES 1 To 20, docket #55 (the "Cross -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. This Agreement hereby documents a global settlement amongst the parties of all issues arising from the Action and the Cross -Action. 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 disclaim 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 Cross -Action from the Trust; and (b) 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 Ten Thousand Dollars and no cents ($10,000.00) made payable to "MARIA BAUTISTA AND LAW OFFICES OF MICHAEL FRANCIS SMITH". The Trust and the City hereby acknowledge and agree that the Trust will dismiss the Cross -Action for zero dollars paid by the City and in consideration of the global settlement herein. Page 1 of 5 4. Following receipt of a copy of the Request for Dismissal with prejudice from Plaintiff dismissing this Action, the Trust through its insurer, will make available to Plaintiff two checks as follows: (a) a check in the amount of Seven Thousand Five Hundred Twenty -Nine Dollars and 27/100 cents ($7,529.27) made payable to "MARIA BAUTISTA AND LAW OFFICES OF MICHAEL FRANCIS SMITH"; and (b) a check in the amount of four hundred seventy dollars and 73/100 cents ($470.73) made payable to: "Department of Health Care Services." In total, the Trust will pay a total of $8,000 divided between the foregoing two checks in settlement of this Action. 5. The foregoing amounts to be paid by Defendants total Eighteen Thousand Dollars and no cents ($18,000.00) and represent the Defendants' fill and complete settlement of Plaintiff's claims for all damages alleged in the Action. The City will file the Request for Dismissal following confirmation that Plaintiff has received the checks from Defendants. 6. Plaintiff and Defendants agree that this Agreement constitutes frill and complete settlement of all claims made against Defendants in this Action. Plaintiff will not seek any further compensation for any other claimed damages, costs, or attorney's fees in connection with the matters encompassed in this Agreement. 7. Plaintiff acknowledges and agrees that Defendants have made no representations regarding the tax consequences of any amounts received pursuant to this Agreement. Plaintiff agrees that he/she and he/she alone is liable for all taxes, if any, which are owed by him/her on any amount received hereunder including interest and penalties. Plaintiff will hold Defendants harmless from any and all claims made by federal, state, or local taxing authorities or lien holders against Plaintiff on amounts owed by her. 8. Plaintiff agrees that he/she and he/she alone will be responsible for any known or unknown liens for medical care related to, or arising from, the circumstances that gave rise to the Action. Plaintiff expressly agrees to hold Defendants harmless from any and all claims, if any, made by any lien holders against Plaintiff on amounts owed by him/her for any kind of medical care related to, or arising from, the circumstances that gave rise to the Action. 9. Plaintiff represents that, with the exception of this Action and the government tort claim associated therewith and submitted to the City of Santa Ana, he/she has not filed any complaints, claims, or actions against Defendants including any of its officers, agents, directors, supervisors, employees, or representatives of Defendants with any state, federal, or local agency or court and that he/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 Defendants on Plaintiffs behalf, Plaintiff will direct that agency or court to withdraw and dismiss the matter with prejudice. 10. 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." Page 2 of 5 11. 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, insurance companies, any subsidiaries or affiliates of said insurance companies, attorneys, 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. 12. 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 terms of this Agreement and discussed them with legal counsel. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. [CONTINUED ON NEXT PAGE] Page 3 of 5 N_2022-063 18. This Agrcernent may be executed in counterparts, secured via c-mail, facsimile transmission or otherwise, each of which -)hall be deemed to be an original. Photocopies of any executed counterpart shall have the same. lime and clfect as ,in original. PAWHES: 1:171iu11ft MAk1A BAUT'ISTA Plaintiff �2i'jCD118111 Dated: Flcrrninin Sanchez I I & G Sanchez. Family Toast Dated: pj�'/Z Z.. XJ—ON _MOTSICKeDirectorofHuman kc-)ources anta Ana ATIES I': CITY OF SANTA ANA, it charter haw city and municipal carporaticin, duly organized and eXlSting. under the Constitution and laws or the State of California Dated: 1/ �Uaisy <iumci, ('Icrk orthc t'ouncil 1CONTINUED ON NEXT PAGE) 11,11•r .1 01 t APPROVED AS TO FORM: LAW OFFICES OF MICHAEL FRANCIS SMITH Dated:_p3 07 2� 10r � —Z—k Michael B. Chu Attorneys for Plaintiff Maria Bautista SONIA R. CARVALHO CITY ATTORNEY Dated:3/8/22`" eandra MM Schwarzmann Senior Assistant City Attorney Attorneys for Defendant City of Santa Ana Dated: LAW OFFICES OF ROBYN S. HOSMER Karen M. Labat Attorneys for Defendant H & G Sanchez Family Trust Pape 5 of 5 APPROVED AS TO FORM: Dated: Dated: LAW OFFICES OF MICHAEL FRANCIS SMITH Michael B. Chu Attorneys for Plaintiff Maria Bautista SONIA R. CARVALHO CITY ATTORNEY Sandra M. Schwarzmann Senior Assistant City Attorney Attorneys for Defendant City of Santa Ana "OSMER Dated: March 7, 2022 Karen M. Labat Attorneys for Defendant H & G Sanchez Family Trust Page 5 of 5