HomeMy WebLinkAboutRAMIREZ, MARIA0'. GnU 0)
APR 0 9 2024 RELEASE OF ALL CLAIMS N-2024-131
In regard to Maria Ramirez v. City of Santa Ana, Orange County Superior Court Case No. 30-2021-01237194-CU-
PO-CJC (the "Action"), Maria Ramirez (`Plaintiff'), being of lawful age of 18 years or older, agrees and understands
that in settlement of the foregoing lawsuit, the City of Santa Ana ("the City") will agree to pay Plaintiff the sum of
Fifty Thousand Dollars ($50,000) and no cents.
In exchange for payment by the City, Plaintiff does hereby for himself/herself and for his/her heirs, executors,
administrators, successors and assigns, release, acquit and forever release and discharge the City of Santa Ana and
its representatives, heirs, executors, administrators, trustees, successors, affiliates, subrogoes, subrogees, assignors,
assignees, subsidiaries, parent corporations, agents, employees, officers, directors, attorneys, council members,
firms, associations, and insurers (hereafter collectively the "City Parties") from any and all claims, actions, demands,
rights, damages, costs, loss of service, expenses and compensation whatsoever, which the Plaintiff now has or which
may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen and
unforeseen bodily or personal injuries and property damage and the consequences thereof resulting from the trip and
fall accident that occurred on or about January 14, 2020 near 1110 South Garnsey Street in Santa Ana, California as
alleged in the Action. Plaintiff further acknowledges that she is responsible for all medical bills or liens for medical
services related in any way to the subject of the Action and that to her knowledge, there are no asserted liens or
monies owed to Medicare or Medi-Cal.
It is understood and agreed that this settlement is the compromise of the Action, a disputed matter, and that this
settlement is not to be construed as an admission of liability on the part of the City.
It is further understood and agreed that all rights under Section 1542 of the California Civil Code and any similar
law of any state or territory of the United States are hereby expressly waived. Section 1542 reads 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.
Plaintiff hereby declares and represents that the bodily injuries/property damage or other injuries sustained are / or
may be permanent and progressive and that recovery therefrom is uncertain and indefinite and in making this Release
it is understood and agreed, that the Plaintiff relies wholly upon the Plaintiff s judgment, belief and knowledge of
the nature, extent, effect, and duration of said injuries and liability therefore and is made without reliance upon any
statement or representation of the City or any of the parties hereby released or their representatives or by any
physician or surgeon employed by them. Plaintiff acknowledges she is represented by counsel in the Action and the
terms of this Release have been relayed to her by a means she understands.
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Plaintiff further declares and represents that no promise, inducement or agreement not expressed in this Release has
been made to her, and that this Release contains the entire agreement between the parties to this Release, and that
the terms of this Release are contractual and not a mere recital. Plaintiff and the City intend to be bound by the
terms of this Release.
Plaintiff agrees and represents that on the date below, he/she was not hospitalized or in a medical facility nor was
he/she admitted to a medical facility within the past 15 days. Signed on 2 1 day of March 2024
Plaintiff— Maria Ramirez
N-2024-131
[RELEASE CONTINUED]
APPROVED: 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
-flDated: By: ✓WCLW �
]varo Nunez, Acting &ity 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 By :
nmfer Hal City Clerk