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Home My WebLink AboutGONZALEZ, ANTHONY A.INSURANCE NOT REQUIRED A 2p23_238 WORK MAY PROCEED CITY CLERK DATE: SETTLEMENT AGREEMENT Q: CAV W) \\ AND RELEASE OF ALL CLAIMS CA� �l� t�ac Tfiis Settlement Agreement and Release of All Claims "Agreement' is made and entered into by and between ANTHONY A. GONZALEZ, ANGELICA GONZALEZ, ANASTASIA GONZALEZ, a minor by and through her Guardian Ad Litem, Anthony A. Gonzalez, AUGUSTIS GONZALEZ, a minor by and through his Guardian Ad Litem, Anthony A. Gonzalez, AND ADELINE GONZALEZ, a minor by N and through her Guardian Ad Litem Anthony A. Gonzalez (collectively, "Plaintiffs"), and CITY OF SANTA ANA (`Defendant'). Q WITNESSETH: WHEREAS, Plaintiffs filed an action against Defendant in the Superior Court of the State of California, County of Orange, Center Justice Center District known as ANTHONY A. GONZALEZ, ET AL., v. CITY OF SANTA ANA, Case No. 30-2022-01284596-CU-PA-NJC (the "Action"). WHEREAS, Plaintiffs 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 of Plaintiffs or any person, violation of any order, law, statute, duty, or contract whatsoever against Plaintiffs or any person. Defendant 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 Defendant. Likewise, this Agreement and compliance with this Agreement shall not be construed as an admission by Plaintiffs 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 receipt of, or in exchange for, an executed copy of a Request for Dismissal form from Plaintiffs dismissing this Action with prejudice, Defendants will make available fives checks that total Eighty -Seven Thousand Dollars ($87,000.00). Defendant agrees to pay the sum in the following manner: • "ANTHONY A. GONZALEZ AND LAW OFFICES OF WILLIAM W. GREEN & ASSOCIATES," in the amount of $52,000. • "ANGELICA GONZALEZ AND LAW OFFICES OF WILLIAM W. GREEN & ASSOCIATES," in the amount of $20,300, • "AUGUSTIS GONZALEZ by and through his Guardian Ad Litem ANTHONY A. GONZALEZ AND LAW OFFICE OF WILLIAM W. GREEN & ASSOCIATES," in the amount of $4,900. • "ANASTASIA GONZALEZ by and through her Guardian Ad Litem ANTHONY A. Page] of 5 GONZALEZ AND LAW OFFICE OF WILLIAM W. GREEN & ASSOCIATES," in the amount of $4,900. ® "ADELINE GONZALEZ by and through her Guardian Ad Litem ANTHONY A. GONZALEZ AND LAW OFFICE OF WILLIAM W. GREEN & ASSOCIATES," in the amount of $4,900. These amounts represent a full and complete settlement of Plaintiffs' claims for all damages alleged in the Action. The City of Strata Ana will file the Request for Dismissal following receipt of the foregoing checks by Plaintiffs' counsel. 4l. Plaintiffs and Defendant agree that this Agreement constitutes full and complete settlement of all claims made against Defendants in this Action. Plaintiffs 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. 5. Plaintiffs acknowledge and agree that Defendant have made no representations regarding the tax consequences of any amounts received pursuant to this Agreement. Plaintiffs agree that they and they alone are liable for all taxes, if any, which are owed by them on any amount received hereunder including interest and penalties. Plaintiffs will hold Defendant harmless from any and all claims made by federal, state, or local taxing authorities or lien holders against Plaintiffs on amounts owed by them. 6. Plaintiffs represent that, with the exception of this Action and the government tort claim associated therewith and submitted to the City of Santa Ana, they have not filed any complaints, claims, or actions against Defendant including any of their officers, agents, directors, supervisors, employees, or representatives of Defendant 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 and that if any agency or court assumes jurisdiction of any complaint, claim, or action against Defendant on Plaintiffs' behalf, Plaintiffs will direct that agency or court to withdraw and dismiss the matter with prejudice. 7. 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 most have materially affected his or her settlement with the debtor." 8. 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. 9. 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 Page 2 of 5 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 with 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. 10. 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. 11. 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. 12. Should any provision of this Agreement be declared or be determined by any court of competentjurisdiction 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. 13, 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 natter hereof. 14. This Agreement shall be interpreted in accordance with the plain meaning of its terms and not strictly for or against arty of the Parties hereto. 15. 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: Plaintiffs Dated: 23/02/2024 Alt"GlO!? �OGILak Anthony Gonza .z (Feb 23, 2024 14c08 PST) ANT14ONY A. GONZALEZ Plaintiff 23/02/2024 M Gf'Ca uvrlLa�G�L Dated: Angetii a Gonzalez (Feb 23, 20Y419:34 PST) ANGELICA GONZALEZ Plaintiff Page 3 of 5 A-2023-238 23/02/2024 Dated: Dated: 23/02/2024 23/02/2024 Dated: Defendant 8hml 0;ngGez tinihon; Gouz, l[=, (--^h 23. 2o2411.0 -, PST) ANASTASIA GONZALEZ, by and through her Guardian Ad Litem, Anthony A. Gonzalez Plaintiff Adholm onzaGez Andr,n', Gon.-aYz IFeb 23. 2024 1-i:A<. PS', AUGUSTIS GONZALEZ, by and through his Guardian Ad Litem, Anthony A. Gonzalez Plaintiff 6040aGez Anrhnny Gne.niti (Feb 23. 2024 14:0� PST) ADELINE GONZALEZ, by and through her Guardian Ad Litem, Anthony A. Gonzalez Plaintiff CITY OF SANTA ANA, a charter law city and municipal corporation, duly organized and existing under the L� Constitution andAlaw,,so State of California Dated: �/ By: Tom Hatch, Inter City Manager 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: 1, Ci y Clerk APPROVED AS TO FORM: Dated: LAW OFFICE-bF- I Michael O'Sullivan_ Attorney for Plaintiffs Page 4 of 5 W. GREEN & ASSOCIATES SONIA R. CARVALHO CITY ATTORNEY Dated: 02/29/2024 Tt kyle . Nellesen Assistant City Attorney Attorney for Defendant City of Santa Ana Page 5 of 5