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HomeMy WebLinkAboutSANTA ANA POLICE OFFICERS ASSOCIATION (2)A-2025-023 MAR 17 2025 D.CPo«) Ctpur0. Ro55in�m.r SETTLEMENT AGREEMENT AND SPECIFIC RELEASE OF ALL CLAIMS This Settlement Agreement and Release of All Claims ("Agreement") dated March 7, 2025 is made and entered into by and between SANTA ANA POLICE OFFICERS ASSOCIATION ("Plaintiff'), and CITY OF SANTA ANA ("Defendant"). WHEREAS, Plaintiff filed an action against Defendant in the Superior Court of the State California, County of Orange, Central Justice Center known as SANTA ANA POLICE OFFICERS ASSOCIATION and DOE OFFICERS v. CITY OF SANTA ANA et al. Case No. 30-2021-01230134 (the "Action"). WHEREAS, Plaintiff and Defendant (collectively, the "Parties"), desire to settle fully and finally all differences between them, specifically 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 Plaintiff or any person, 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. 3. Within seven (7) days of receipt of the fully executed Agreement, Plaintiff will provide to Defendant an executed copy of a Request for Dismissal form from Plaintiff dismissing all claims made by Plaintiff in this Action with prejudice. Within thirty days (30) of the date the Agreement is fully executed, Defendant will provide a check in the amount of Fifty Thousand Dollars ($50,000.00) made payable to "SANTA ANA POLICE OFFICERS ASSOCIATION WIDOWS AND ORPHANS FUND" to Plamttff. This amount represents a full and complete settlement of Plaintiffs claims for all damages alleged in the Action and Plaintiff will agree to provide all necessary paperwork for issuance of the check as required by the City's Finance Department including but not limited to a current W-9. The City of Santa Ana will file the Request for Dismissal following receipt of the foregoing check by Plaintiffs counsel. 4. Plaintiff and Defendant agree 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. 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 it and it alone Page 1 of is liable for all taxes, if any, which are owed by it 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 it. 6. Plaintiff will hold the City harmless from any and all lien holders of any kind, including liens for medical care or medical expenses owed to private insurance companies, Medi-Care or Medi-Cal, or any other medical providers, to whom Plaintiff or Plaintiff's attorneys are indebted. Plaintiff further acknowledges that Plaintiff and not the City is responsible for compromising any liens related to, or arising from, this Action. (Plaintiff's Representatives Initiates) 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, Plaintiff 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 it 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 with respect to this Action only, Civil Code Section 1542 provides as follows: "A general release does not extend to claims which the creditor does not know or suspect eo 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 dchtor.l' 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 heretofore had or claimed to have or which each releasing party at any time hereafter may have or claim to have, in the Action. Defendant and Plaintiff acknowledge and agree that this Agreement only releases and extends to claims in this Action, SANTA ANA POLICE OFFICERS ASSOCIATION and DOE OFFICERS v. CITY OF SANTA ANA et al., Case No, 30-2021-01230134. No other actions by the Plaintiff or Defendant are being dismissed or released in any way. 10. 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 it is represented by counsel in the Action and the terns of this Agreement have been relayed to it's Page 2 of 4 representatives by a means they understand. (Plaintiff s Representative Initials) 11, 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. 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 shah be interpreted in accordance with the plain meaning of its 'terms and not strictly for or against any of the Parties hereto. 16. Any notice appropriate or required to be given hereunder to the Parties shall be by email and U.S. Mail, or in the alternative, at the option of the sender by messenger and shall be to the following addresses, or such other address as is subsequently noticed in writing to the Parties. To: Santa Ana Police officers Association Attention: President 1607 North Sycamore Street Santa Ana, California 92701 To: City of Santa Ana City Cleric City of Santa Ana 20 Civic Center Plaza, M-31 P.O. Box 1988 Santa Ana, California 92702 With a copy to: City Attorney City of Santa Ana 20 Civic Center Plaza. M-29 P.O. Box 1988 Santa Ana, California 92702 Page 3 of4 17. 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 , 4 Dated: 3. 1- Z S �+ J OHA' KACN 11-131r `I (Name) it,s M-51 PkN T On behalf of Plaintiff Santa Ana Police Officers Association Defendant Dated: 2f CITY OF SANTA ANA, a charter law city and municipal corporation, duly organized and tmg under the Constitution and laws ofxhe State o alif 'a 0 Nunez, City ATTEST: enni eUHa 1ty of Page 4 of 4