Loading...
HomeMy WebLinkAboutYENTES, JOHN W.Docusign Envelope ID: 32750424-8211-46D5-9003-858914871428 N-2025-006 JAN 15 2025 0 CAO(d) SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Settlement Agreement and Release of All Claims ("Agreement") is made and entered into by and between John W. Yentes ("Plaintiff') and the City of Santa Ana ("City" and/or "Defendant"). WHEREAS, Plaintiff filed an action against the City and Defendant, Eden Jonathan Peralta, in the Superior Court of the State California, County of Orange, Central Justice Center known as JOHN W. YENTES v. CITY OF SANTA ANA Case No. 30-2024-01379803-CU-PO-NJC (the "Action"). Collectively, the City and Peralta are referred to as "Defendants" hereafter. 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 settlement and/or release of all issues arising from the 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 as follows: 1. This Agreement and compliance with this Agreement shall not be construed as an admission by the Defendants of any liability whatsoever, or as an admission by the 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. The 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 the City or Defendant Peralta. 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. The City cannot proceed with processing payment as outlined below without a fully executed copy of the Agreement from Plaintiff. 3. Following the City's receipt of 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 Forty -Seven Thousand Five Hundred Dollars and no cents ($47,500) made payable to "JOHN W. YENTES and FORRESTER LOPEZ APC." 4. For consideration of the sum of Twenty -Five Thousand Dollars and No Cents ($25,000.00), paid by draft issued by State Faun, Plaintiff John Yentes, on behalf of themselves and their dependents, heirs, executors, administrators, and assigns, hereby fully and forever release and discharge Eden Jonathan Peralta, and each of their partners, employees, agents, personal representatives, insurers, attorneys, successors or predecessors in interest, assigns, and subsidiaries, past and present, and any other person or organization, who is or might be liable as a result of Eden Jonathan Peralta's alleged negligence on or about June 11, 2023, from any and all claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, controversies, debts, costs, attorney fees, expenses, damages, judgments, orders, and liabilities of whatever kind and nature in law, equity, or otherwise, whether known Page 1 of 5 December 27, 2024 Docusign Envelope ID: 32750424-8211-46D5-9003-858914871428 or unknown, suspected or unsuspected, that were, or might, or could have been alleged in connection with an incident that occurred on or about June 11, 2023. 5. Plaintiff acknowledges that the foregoing amounts to be paid by Defendants represent the Defendants' full 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 counsel for Plaintiff has received the checks from both Defendants. 6. Plaintiff agrees that this Agreement constitutes full 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 hereby agrees 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." 8. Notwithstanding the provisions of Civil Code section 1542, Plaintiff hereby irrevocably and unconditionally releases and forever discharges each party to this Action and each and all of their 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 Plaintiff 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. Plaintiff acknowledges and agrees that the 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 the Defendants harmless from any and all claims made by federal, state, or local taxing authorities. 10. Plaintiff will hold the Defendants harmless from any and all lien holders of any kind, specifically liens for medical care or medical expenses, owed to insurance companies, Medi-Care or Medi-Cal, or any other medical providers, to whom Plaintiff is indebted. Plaintiff further acknowledges that he/she and not *Befendants are responsible for compromising any liens related to, or arising from, this Action. ,�� (Plaintiff's Initials) 11. Plaintiff represents that, with the exception of this Action and the government tort claim associated therewith and submitted to the City, he/she has not filed any complaints, claims, or actions against the City including any of its officers, agents, directors, supervisors, employees, or representatives of the City with any state, federal, or local agency or court and that he/she will not Page 2 of 5 December 27, 2024 Docusign Envelope ID: 32750424-8211-46D5-9003-858914871428 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 t It e C i t y on Plaintiffs behalf, Plaintiff will direct that agency or court to withdraw and dismiss the matter with prejudice. 12. Each person signing below represents that they have 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. Plaintiff acknowledges he/she is represented by counsel in the Action and the terms of this Release have been relayed to him/her by a ^^ he/she understands. J� (Plaintiffs Initials) 13. Plaintiff hereto represents and acknowledges that in executing this Agreement he/she does not rely and has not relied upon any representation or statement made by anyone 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 Plaintiff hereto and upon his/her heirs, administrators, representatives, executors, predecessors, successors, and assigns, and shall inure to the benefit of Plaintiff and to his/her 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 and fully supersedes any and all prior agreements or understandings, written or oral, between the Parties 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. 18. 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. [CONTINUED ON NEXT PAGE] Page 3 of 5 December 27. 2024 Docusign Envelope ID: 32750424-8211-46D5-9003-858914871428 PARTIES: Plaintiff ����------�, ooeusl,.d by: 12/30/2024 I J0� gt-vks JOHN W'i3 NT Plaintiff Defendant— City, of San taaAna Dated: /' 7, °�-5 ATTEST: /rOL�sll_C'�cQ.�OCC/L Lo t�i Schnaider Executive Director of Human Resources CITY OF SANTA ANA, municipal corporation, duly under the Constitution and California I charter law city and organized and existing laws of the State of Dated: 4ei L APPROVED AS TO FORM: 12/30/2024 Dated: �,: FORRESTER LOPEZ APC signed Ey: ✓;414,�sl,ui �ol�vtsit,lr 38TE10 074] Kingsley orrester, sq. Attorneys for Plaintiff John W. Yentes SONIA R. CARVALHO CITY ATTORNEY Sandra M. Flores, Esq. Chief Assistant City Attorney Attorneys for Defendant City of Santa Ana Page 4 of 5 December 27, 2024 Dated: 2:%2 r ATTEST: Dated: � j(LA(QV1/ VARO NUNEZ City Manager City of Santa Ana 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 Page 5 of 5 December 27, 2024