HomeMy WebLinkAboutREID, MADELINE Vinesign Document ID: 300602D2-1 DF4-468F-A3C4-8F547B6627DE N-2026_0%
INSURANCE NOT REQUIRED Return FULLY EXECUTED
VgORK MAY PROCEED Copy to City Clerk, M-30
CITY CLERK
DATE:MAR 0 5 ?P` SETTLEMENT AGREEMENT
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ppi r-y AND GENERAL RELEASE
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This Settlement Agreement and General Release ("Agreement") by and between Madeline
Reid (referred herein as "Plaintiff'), the City of Santa Ana, and Santa Ana School District
(collectively "Defendants") effective as of the date it is executed the Parties ("Effective Date").
Plaintiff and Defendants may be referred to herein individually as a "Party" and collectively as "the
Parties."
RECITALS
A. Plaintiff filed a Complaint on or about March 17, 2025, Case Number 30-2025-
01467720-CU-PO-NJC ("Action"). The Action related to claims of premises liability, general
negligence, and dangerous condition of public property. The allegations contained in the Action are
incorporated by reference in these Recitals.
B. Plaintiff and Defendants are desirous of adjusting and finally settling any and all
existing or potential claims, contentions and disputes between each other, their agents, attorneys,
servants, employees and assigns, as more fully set forth below, for any event or occurrence in any
way related to the matters set forth in the Action, such that a full, final and complete resolution of
any claims between the Parties may be effected.
C. All Parties desire to be released from any present and potential liability or obligation
and desire to compromise all disputes and claims arising between them in consideration of the
benefit to be received from avoidance of any further expenses and costs of litigation and agree to
enter into this Agreement.
D. Although each Party disputes any claims the other Party may allege for relief,
damage, fees, costs, or expenses arising out of the incident alleged in the Action, and specifically
denies any liability therefor, the Parties desire to avoid the risks and expenses attendant to litigation
and to reach a compromise and settlement of all matters, claims, and causes of action on the terms
described herein. As set forth below, the Parties wish to forever release, waive, and discharge all
claims whatsoever they have against each other resulting from, or in connection with, the foregoing
allegations, in exchange for the consideration set forth below as currently constituted as of the date
of execution of this Agreement, and with no modifications now or in the future.
TERMS OF AGREEMENT
NOW, THEREFORE, for and in consideration of the foregoing Recitals, and of other good
and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties to this
Agreement agree as follows;
I. Payment, Defendants will pay Plaintiff the total sum of Thirty-Five Thousand
Dollars and Zero Cents ($35,000.00)to resolve this matter ("Settlement Payment"). Such sum shall
be in a settlement check or multiple settlement checks made payable to MVP Trial Lawyers Client
Trust Account FBO Madeline Reid. Santa Ana Unified School District shall pay twenty thousand
and zero cents towards the Settlement Payment, and the City of Santa Ana shall pay fifteen thousand
and zero cents towards the Settlement Payment.
2. Disbursement. Defendants shall issue the Settlement Payment no later than thirty
(30) days following the effective date of this Agreement.
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3. Dismissal of Complaint. Plaintiff will dismiss the Complaint, with prejudice, within
five (5)business days of the payment of the Settlement Check.
4. Board Approval. The parties understand that this Agrement is subject to board
approval. This agreement shall be null and void in the event either of Defendants' boards reject this
Agreement.
5. Attorneys' Fees & Costs. Except as otherwise provided for in this Agreement, the
Parties, and each of them, shall bear their own costs, expenses and attorneys' fees in connection with
this Agreement.
6. Settlement Based on Objective Analysis. The Parties to this Agreement
acknowledge that the Agreement is based upon an analysis of the rights and liabilities of the Parties,
and was made after due consideration of those rights and liabilities, as well as the costs of future
litigation in the Action.
7. No Admission of Liability. Nothing in this Agreement shall be deemed or construed
to be an admission of wrongdoing or liability on the part of any of the Parties hereto, and such
liability or wrongdoing is specifically denied. The Parties have maintained and continue to maintain
that their actions were and are lawful and proper.
8. Release of Defendants.
(a) Except as expressly provided herein, Plaintiff hereto releases, acquits and
forever discharges Defendants and their respective parent corporations, affiliated and subsidiary
corporations, its predecessors, successors and assigns, and its officers, directors, agents, attorneys,
employees, insurers and heirs from all claims, losses, causes of action, costs, expenses, attorneys'
fees, liability (whether statutory, equitable or legal), indemnities, subrogations, duties and any and
all obligations of every nature, character and description whatsoever, at law or in equity, known or
unknown, whether she ever had, now has, or may in the future have or acquire, arising out of,
concerning, pertaining to, or connected with, any and every matter or things whatsoever, which
occurred,were done, omitted or suffered to be done prior to the date hereof.
(b) Plaintiff agrees to refrain and forebear from commencing, instituting,
amending or prosecuting any lawsuit, action or other proceeding,judicial or administrative, of any
kind whatsoever, except as expressly provided herein, against Defendants, based upon suits, claims,
disputes, demands, debts,judgments, liens, liabilities, obligations, losses, costs, expenses, attorneys'
fees, actions,or causes of action released by the terms of this Agreement.
9. Waiver of Civil Code § 1542. The Parties voluntarily and unconditionally waive
each and every right that the Party has or may have under § 1542 of the Civil Code of the State of
California, and any similar law of any state or territory of the United States. Section 1542 provides:
C.C. § 1.542. CERTAIN CLAIMS NOT AFFECTED BY GENERAL RELEASE.
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE
AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED
PARTY.
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10. Further Documents/Acts. Each and every Party to this Agreement agrees to execute
any further documents and accomplish such acts as may be necessary in order to give effect to any of
the intentions expressed in this Agreement.
11. Promises Not to Prosecute/Warranty of No Pending Claims. Plaintiff warrants
and represents that, other than the Action, Plaintiff has not contacted any governmental agency for
the purpose of initiating a claim against Defendants or reporting potential legal violations by
Defendants. Plaintiff promises not to contact any governmental agency for the purpose of malting a
claim against Defendants or reporting alleged violations of law by Defendant. Plaintiff represents
and warrants that all other Claims have settled, adjudicated, or resolved and will promptly be
dismissed with prejudice.
12, Mon-Disparagement of Defendants. Plaintiff agrees that Plaintiff will not
intentionally defame, disparage, or cause disparagement to Defendants at any time following the
execution of this Agreement. This restriction applies to any statements, oral, written, or otherwise,
made to any third party, including but not limited to parents, students, vendors, contractors, public
agencies, or members of the community. Specifically, Plaintiff agrees not to engage in any act or
say, publish or disseminate anything (either directly or by or through another person) that is
intended, or may reasonably be expected, to harm Defendant's reputation, operations or any of its
future predecessors, successors or current and future parents, affiliates, subsidiaries, divisions, or
partners (whether general or limited), its students, its employees, officers, directors, administrators,
board members, community members, or governmental agencies. Plaintiff agrees that this
restriction is reasonable and is part of the consideration exchanged herein and was a material reason
for Defendant to settle.
13. Enforcement of Non-Disparagement. The Parties agree that the breach or
threatened breach of Paragraph 12 of this Agreement shall cause the non-breaching Party to suffer
irreparable harm. In addition to all other remedies that the non-breaching Party may have at law or
in equity for breach of this Agreement, the non-breaching Party shall have the right to injunctive
relief. The provisions in this Paragraph shall apply only to breaches or threatened breaches of
Paragraphs 12 of this Agreement and shall not apply to any other paragraphs of this Agreement.
14. No Representations Regarding the Taxability of Settlement Payments. Defendant
makes no representations regarding the taxability or legal effect of the Settlement Payments,
described in Paragraph 1, above, and Plaintiff is not relying on any statement or representation of
Defendant in this regard. Plaintiff will be solely responsible for the payment of any taxes and
penalties assessed on the Settlement Payments, and will defend, indemnify, and hold Defendant free
and harmless from and against any claims relating to the taxability, if any, of the Settlement
Payments.
15. Medicaid Liens. Plaintiff and Plaintiff's Counsel represent and warrant that no
Medicaid payments have been made to or on behalf of Plaintiff and that no liens, claims, demands,
subrogated interests,or causes of action of any nature or character exist or have been asserted arising
from or related to Defendant or its parent corporations, affiliated and subsidiary corporations, its
predecessors, successors and assigns, and its officers, directors, agents, attorneys, employees,
insurers and heirs (collectively herein referred to as "Released Parties"). Plaintiff and Plaintiff's
Counsel further agree that Plaintiff, and not Released Parties, shall be responsible for satisfying all
such liens, claims, demands, subrogated interests, or causes of action that may exist or have been
asserted or that may in the future exist or be asserted with respect to the Released Claims.
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16. Medicare Liens. Plaintiff agrees to indemnify and hold harmless Released Parties
from any and all claims, demands, liens, subrogated interests, and causes of action of any nature or
character that have been or may in the future be asserted by Medicare and/or persons or entities
acting on behalf of Medicare, or any other person or entity, arising from or related to this
Agreement, the payment of the Settlement Amount, any Conditional Payments made by Medicare,
or any medical expenses or payments arising from or related to any Released Claims that are subject
to this Agreement or the release set forth herein, including but not Iimited to: (a) all claims and
demands for reimbursement of Conditional Payments or for damages or double damages based upon
any failure to reimburse Medicare for Conditional Payments; (b) all claims and demands for
penalties based upon any failure to report, late reporting, or other noncompliance with or violation of
Section 111 of MMSEA that is based in whole or in part upon late, inaccurate, or inadequate
information provided to Released Parties by Plaintiff or Plaintiff's Counsel or upon any failure of
Plaintiff or Plaintiff's Counsel to provide information; and (c) all Medicaid liens. This
indemnification obligation includes all damages, double damages, fines, penalties, attorneys' fees,
costs, interest, expenses, and judgments incurred by or on behalf of Released Parties in connection
with such claims, demands, subrogated interests,or causes of action.
17. Responsibility of Known and Unknown Liens. Plaintiff or Plaintiff's Counsel agree
to satisfy any and all outstanding liens that have been incurred by or on behalf of the Plaintiff as a
result of these Actions, including but not limited to any legal, medical or employment-related liens.
Plaintiff is solely responsible for the payment of any liens which have been, are now, or in the future
may be placed on the settlement proceeds of this Agreement. In the event that any lien holder
institute, assert, or make a claim against Defendant for any claims arising from the Released Claim
or Action, Plaintiff agrees to indemnify, defend and hold harmless Defendant, their insurance
carriers, attorneys, affiliates, employees, directors and officers, whether present or former, for any
and all damages, actions, claims, or demands. The duty to defend and indemnify shall arise
immediately upon tender of the claim by Defendant.
Plaintiff agrees to indemnify, defend, and hold harmless Defendant from any and all claims,
demands, liens, subrogated interests, and causes of action of any nature or character that have been
or may in the future be asserted by Medicare and/or persons or entities acting on behalf of Medicare,
or any other person or entity arising from or related to this Agreement, the payment of the Settlement
Sum, any conditional payments made by Medicare or any other medical expenses or payments
arising from or related to any alleged accident, occurrence, injury, illness, disease, loss, claim,
demand or damages that are subject to this Agreement or the release set forth herein, including but
not limited to (a) all claims and demands for reimbursement of conditional payments or for damages
or double damages based upon any failure to reimburse Medicare for conditional payments; (b) all
claims and demands for penalties based upon any failure to report, late reporting, or other
noncompliance with or violation of MMSEA Section 111 that is based in whole or in part upon late,
inaccurate, or inadequate information provided to Defendant by Plaintiff, or upon a failure of
Plaintiff to provide information, and (c) all Medicaid liens. The indemnification obligation includes
all damages, double damages, fines, penalties, attorneys' fees, costs, interests, expenses, and
judgments incurred by or on behalf of Defendant in connection with such claims, demands,
subrogated interests, or cause of action.
18. Reliance on Advice of Counsel. Each Party to this Agreement further acknowledges
by executing this Agreement that the Party has, or has been advised to speak independently with
counsel prior to executing this Agreement, and has had an adequate opportunity to consult with legal
counsel, and has executed this Agreement with full knowledge of its meaning and effect,
19. Subsequent Facts. Plaintiff acknowledges that Plaintiff may hereafter discover facts
different from and in addition to those now known or believed to be true in entering into this
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Agreement. Plaintiff expressly agrees to assume the risk of the possible discovery of additional or
different facts, including facts which may have been concealed or hidden and agrees that this
Agreement shall remain effective in all respects regardless of such additional or different facts. If
any subsequent facts are discovered, Plaintiff shall not be entitled to any relief in connection
therewith, including,without limitation, any alleged right to set aside or rescind this Agreement.
20. Full Defense. This Agreement may be pleaded as a full and complete defense and
may be used as a basis for an injunction against, or stay and dismissal of, any action, suit or other
proceeding which may be instituted,prosecuted or attempted by Plaintiff.
21. No Duress. Each Party hereto acknowledges that such Party understands this
Agreement and has entered into it of such Party's own free will and not under duress of any kind.
22. No Assignments. The Parties releasing claims herein each warrant that they have
made no assignment and will make no assignment of any claim, cause of action or right of any kind
whatsoever released by this Agreement, that no other person or entity of any kind has, or has had,
any interest in any of the claims, demands, obligations, actions or causes of action, debts, liabilities,
rights, contracts, damages, attorneys' fees, costs, expenses, losses or claims released herein and that
no complaint or claim has been filed with any court, administrative agency or regulatory body.
Plaintiff represents and warrants that Plaintiff has the sole right and exclusive authority to execute
this Agreement and receive the sums specified herein.
23. Authorized Signatory. Each of the undersigned represents and warrants, by
executing this Agreement, that such Party is authorized to enter into this Agreement and agrees to be
bound by all the terms and conditions of this Agreement.
24. Agreement Deemed Prepared !a Each Party. Each Party to this Agreement, by
the execution of this Agreement, acknowledges that this Agreement shall be deemed to be prepared
by each and every Party hereto.
25. Modified Only by Writing. This Agreement may only be modified or changed by a
writing signed by each and every Party hereto.
26. Construed Under California Law. This Agreement shall be construed and
interpreted according to the laws of the State of California.
27. Venue. The Parties to this Agreement hereby agree that the proper venue for any
lawsuit or other proceeding arising out of the terms of this Agreement or any Party's rights under
this Agreement shall be Orange County, California.
28. Effect of Separate Provisions. If any provision of this Agreement is held by a court
of competent jurisdiction to be invalid, void, or unenforceable,the remaining provisions shall remain
in full force and effect, and shall, in no way, be affected, impaired or invalidated.
29. Multiple Copies. This Agreement may be executed in multiple copies, each of
which shall be deemed to be an original.
30. Complete and Final Agreement. This Agreement contains the complete and final
agreement between the Parties, and shall be binding upon and shall inure to the benefit of each
Party's heirs, successors, legal representatives, parent, subsidiary and affiliated corporations, and
their predecessors, successors and assigns. The terms, conditions and agreements contained in this
Agreement constitute the entire agreement between the Parties hereto, and except as expressly stated
herein, there are no other agreements, whether oral or written, between the Parties. No oral
representations or agreements shall be considered as part of this Agreement, and this Agreement
supersedes all prior and contemporaneous oral and written agreements and discussions.
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ALL PARTIES HAVE READ THIS AGREEMENT COMPLETELY AND HAVE HAD
THEIR ATTORNEYS EXPLAIN IT TO THEM. THE PARTIES FULLY UNDERSTAND
THE CONSEQUENCES AND EFFECT OF THIS AGREEMENT AND ITS SIGNIFICANCE
ON THE RELEASE OF ALL CLAIMS EACH MAY HAVE AGAINST THE OTHER,
EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN.
IN WITNESS WHEREOF, each of the undersigned has executed.this Agreement consisting of
seven (7) pages, including signature pages, as of the year and date shown opposite the Party's
name.
02/26/2026
DATED: _ .. ,2026 PLAINTIFF MADELINE REID
By:Madeline Reid
DATED: 3—*-,2026 DEFENDANT SANT ANA SCHOOL
DIST
Y•
DATED: 2026 DEFENDANT CITY OF SANTA ANA
By:
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ALL PARTIES HAVE READ THIS AGREEMENT COMPLETELY AND HAVE HAD
THEIR ATTORNEYS EXPLAIN IT TO THEM. THE PARTIES FULLY UNDERSTAND
THE CONSEQUENCES AND EFFECT OF THIS AGREEMENT AND ITS SIGNIFICANCE
ON THE RELEASE OF ALL CLAIMS EACH MAX HAVE AGAINST THE OTHER,
EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN.
IN WITNESS WHEREOF, each of the undersigned has executed this Agreement consisting of
seven (7) pages, including signature pages, as of the year and date shown opposite the Party's
name.
02/26/2026
DATED: ,2026 PLAINTIFF MADELINE REID
—m6T*�%L
By: Madeline Reid
DATED: , 2026 DEFENDANT SANTA ANA SCHOOL
DISTRICT
By:
DATED: 5 . 2026 DEFENDANT CITY OF SANTA ANA
By: 4ori Sc4j to L&,r
ATTEST:
citM
Hall
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