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HomeMy WebLinkAboutKERYLOW, DEANNADocuSign Envelope ID: 8Cl D02l6-78F2-4859-AADO-CF3AO7366EED INSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK N DM- 0 N ea CV SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS N-2023-157 This Settlement Agreement and Release of All Claims ("Agreement") is made and entered into by and between DEANNA KERYLOW ("Plaintiff'), and CITY OF SANTA ANA (� j ("Defendant"). o'�ko(K��� /�J�Sµ>� WITNESSETH: WHEREAS, Plaintiff filed an action against Defendant in the Superior Court of the State California, County of Orange, Central Justice Center District known as DEANNA KERYLOW v. CITY OF SANTA ANA, Case No. 30-2021-01226130-CU-PO-NJC (the "Action"). WHEREAS, Plaintiff 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: 1. 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 ofPlaintiff or anyperson, violation of any order, 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 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. Defendant cannot proceed with processing payment without a fully executed copy of the Agreement from Plaintiff. 3. Following receipt of, or in exchange for, an executed copy of a Request for Dismissal with prejudice of the Action, Defendant will make available to Plaintiff a check in the amount of forty-five thousand dollars ($45,000.00) made payable to "DEANNA KERYLOW AND GIBSON & HUGHES." Defendant will file the Request for Dismissal following Plaintiffs counsel's receipt of the foregoing check. This monetary amount represents a full and complete settlement of Plaintiffs claims for all damages alleged in the Action. 4. Plaintiff agrees 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 attorney's fees in connection with the matters encompassed in this Agreement. Page 1 of DocuSign Envelope ID: Bel D0216-78F2-4859-AADO-CF3AO7366EED 5. 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 her. 6. Plaintiff agrees that she and 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 this Action. Plaintiff expressly agrees to hold Defendant harmless from any and all claims, if any, made by any lien holders against Plaintiff on amounts owed by her for any kind of medical care. 7. Plaintiff represents 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. 8. 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." 9. 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 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. 10. Each person signing below represents that she has reviewed all aspects of this Agreement, that the Agreement has been carefully read and fully explained to her and that she understands every provision of this Agreement, that she understands that in agreeing to this document she is releasing each party hereby from any and all claims she may have against each party released, that she voluntarily agrees to all the terms set forth in this Agreement, that she knowingly and willingly intends to be legally bound by the same, that she was 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. Page 2 of 4 DocuSign Envelope ID: 8C1 D0216-78F2-4859-AADO-CF3A07366EED N-2023-157 11. Plaintiff hereto represents and acknowledges that in executing this Agreement, she does not rely and has not relied upon any representation or statement made by Defendant or by any of the Defendant's 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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: Plaintiff �OocuSiBned by; Dated: 6/19/2023 DEANNA KERYLOW Plaintiff Defendant Dated: By: CITY OF SANTA AAA City Manager Kristine Ridge Page 3 of 4 DocuSign Envelope ID: BCl D0216-78F2A859-AADO-CF3AO7366EED 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 Dated: (� 'p� By: Jennifer 1, lerk of the C u ;biP APPROVED AS TO FORM: Dated: 6/19/2023 GIBSON & HUGHES LPD00 QS, - gmd by: b 15. Gibsm X6 66if13 Gibson Attorneys for Plaintiff Deanna Kerylow SONIA R. CARVALHO CITY ATTORNEY Dated: 6/20/2023 / u2j Kyl� Nellesen Assistant City Attorney Attorney for Defendant City of Santa Ana Page 4 of 4