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HomeMy WebLinkAboutMALLETT, ROSE MARIE Docusi n Envelo e ID: 54C-A49F-al2G-83FA-CEG47DA94E23 ildSISGMCE f1T11 II AN N-2026-105 1NORK 10Y i'ROCFED 011-Y CLERK DATE:MAY 15 2026 m. A o (&) SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS INCLUDING r®ImMA Bo9asoan[pt} ATTORNEY FEES AND COSTS UNDER GOVERNMENT CODE SECTION 7923.115(a) &-(0 This Settlement Agreement and General Release of all claims including attorney fees and costs under Government Code section 7923.115(a) & (c) ("Agreement") is made and entered into solely by and between ROSE MARIE MALLETT (Petitioner), and the CITY OF SANTA ANA, (Respondent). RECITALS A. WHEREAS, on February 25, 2026 Petitioner filed a Verified Petition for Writ of Mandate Ordering Compliance with the California Public Records Act (Writ Petition)in the Orange County Superior Court, Case No. 30-2026-01550129-CU-WM-NJC ("Action) against the City seeking to compel the CITY to produce records connection with a California Public Records Act (CPRA)request seeking disclosures mandated under Penal Code § 832.7(b), including records related to the January 1, 2025 shooting of Henry Gonzalez, (including audio and video recordings). B. WHEREAS, during the pendency of the Action, CITY produced numerous responsive records to Petitioner; C. WHEREAS, PETITIONER and CITY (collectively,the"Parties") desire to settle fully and finally Petitioner's claims including the claim for attorney fees and costs under Government Code section 7923.115(a) & (c) against CITY. Nothing in this agreement has any bearing whatsoever on any other legal claims by Petitioner against the CITY, including but not limited to Petitioner's lawsuit against the CITY in Case No. 30-2025-01481868-CU-PO-WJC. NOW THEREFORE, it is hereby agreed by and between the Parties as follows: L WAIVER AND RELEASE A. No Admission of Liability. This Agreement and compliance with Agreement shall not in any way be construed as an admission by CITY or Petitioner of the truth of any allegation, or an admission of any unlawful acts of other liability whatsoever against each other or against any other person or entity. CITY and Petitioner specifically disclaim any liability to, against each other, or against any other person or entity, on the part of themselves, any related person or any related predecessor corporation or its or their agents, representatives or successors in interest and assigns. This Agreement cannot be used by a Party to demonstrate any admission of liability or wrongdoing by another Party. B. Mutual Release. As consideration for the payments and agreements that make up this Agreement, the parties hereby irrevocably and unconditionally waive, release and forever discharge each other from any and all claims they may have against one another arising from Petitioner's CPRA request for public records and the CITY'S response thereto. 1 Docusign Envelope ID:C2EC164C-A49F-812C-83FA-CEC47DA94E23 C. Civil Code Section 1542 Waiver. The Parties each hereby waive any and all claims related to this Action, pursuant to California Civil Code §1542, which reads as follows: 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 SETTLEMEMT WITH THE DEBTOR OR RELEASED PARTY. 1. The Parties hereby expressly waive the provisions of California Civil Code section 1542 and further expressly waive any right to invoke said provisions now or at any time in the future. 2. The Parties recognize and acknowledge that factors which have induced each of them to enter into this Agreement may turn out to be incorrect or to be different from what they had previously anticipated, and they hereby expressly assume any and all of the risks thereof and further expressly assume the risks of waiving the rights provided by California Civil Code §1542. 3. This release does not apply to and has no effect whatsoever on any other claims that Petitioner may assert as to the CITY'S response to or handling of any other CPRA requests not associated with this Action. D. Effective Date. the Effective Date of this AGREEMENT shall be the date on which all Parties have signed this Agreement. II. PAYMENT AND DISMISSAL A. The Parties agree that upon execution of this Agreement, the Parties agree to settle this Action on the following terms and shall perform the following acts B. Each party will exchange a fully signed executed copy or original of this Agreement. Petitioner's counsel agrees to provide a W-9 to CITY for processing of settlement payment. CITY cannot proceed with processing payment without a fully executed copy of this Agreement and a W-9 from Petitioner's counsel. C. Petitioner will file a Request for Dismissal of the Writ Petition with prejudice in the Action within five (5) calendar days of receipt by Petitioner's counsel of the sum of ten thousand dollars ($10,000) for attorney's fees and costs (the "Tee Payment") from the CITY as follows: 2 Docusign Envelope ID:C2EC154C-A49F-812C-83FA-CEC47DA94E23 1. The Fees Payment shall be made by check payable to "Qureshi Law PC" within 30 calendar days of the Effective Date of this Agreement, provided that Petitioner's counsel, provides the CITY with aW9 Form. 2. The Fee Payment is inclusive of all attorney's fees and costs incurred by Petitioner in connection with her CPRA request and this Action. Petitioner agrees this Agreement constitutes full and complete settlement of all claims for attorney fees and costs under Government Code section 7923.115(a) & (c)made against CITY in this Action. Petitioner will not seek any further compensation from CITY for any other claimed attorney' s fees or costs in connection with this CPRA Action. As stated above,this agreement has no bearing on Petitioner's separate tort claims for damages. 3. Petitioner will provide City's counsel a conformed copy of the entered dismissal within five (5) calendar days of receipt from the court. 4. Petitioner acknowledges and agrees CITY has made no representations regarding the tax consequences of any amounts received pursuant to this Agreement. Petitioner represents and CITY agrees that all attorney fees paid under this Agreement belong to her attorneys and that his attorneys alone are liable for all taxes, if any,which are owed on any amount received hereunder including interest and penalties. Petitioner's attorney will hold CITY harmless from any and all claims made by federal, state, and/or local taxing authorities or lien holders against Petitioner or Petitioner's attorney on any amounts owed by them. 111. GENERAL PROVISIONS A. Each Party to Bear Own Fees and Costs. Aside from what is provided for in this Agreement, each Party shall bear their own costs, expenses, and attorneys' fees incurred in connection with the Action. Attorneys for all Parties to this Agreement expressly waive any claim for recovery of costs, expenses, and/or attorney's fees from the opposing Party(ies) in connection with the Action, except as specifically provided for in this Agreement. B. No Prior Assignments. Petitioner represents that he has not assigned or transferred, or purported to assign or transfer,to any person or entity, any claim or any portion thereof or interest therein against the CITY. C. Representations. The Parties represent and acknowledge that in executing this Agreement,they do not rely and have not relied upon any representation or statement made by the other Party or by any of the other Patty' s 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. D. Enforcement. The Parties agree that should a dispute arise concerning this Agreement, interpretation of this Agreement, or any other matter related to the Acton or this Agreement, the 3 Docusign Envelope ID:C2EC154C-A49F-812C-83FA-CEC47DA94E23 proper venue is Orange County Superior Court. The Parties further agree that this Agreement and its interpretation are governed by California law. E. Binding. This Agreement shall be binding upon the Parties hereto and upon their heirs, administrators, representatives, executors,predecessors, successors, and/ or assigns, and shall inure to the benefit of said Parties and each of them and to their heirs, administrates, representatives, executors, predecessors, successors, and/or assigns. F. Covenant to Effectuate Agreement. Each Party hereto agrees to do all things and execute and deliver all instruments and documents necessary to fulfill and effect the provisions of this Agreement and to protect the respective rights of the Parties to this Agreement. G. Waiver of Terms of Agreement.No waiver by any Party of any breach of any term or provision of this Agreement shall be construed to be, nor be, a waiver of any preceding, concurrent or succeeding breach of the same, or any other term or provision hereof. No waiver shall be binding unless it is in writing and signed by the Party to be charged or held bound. It is further understood and agreed that if, at any time, a breach of any term of this Agreement is asserted by any Party hereto, that Party shall have the right to seek specific performance of that term and/or any other necessary and proper relief, including,but not limited to, damages. H. No Duress or Undue Influence. The Parties represent and agree that they have carefully read and fully understand all of the provisions of this Agreement, and that they are voluntarily, without any duress or undue influence on the part of or on behalf of any Party, entering into this Agreement. I. Consultation with Counsel. 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 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. J. Entire Agreement. 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 hereof. K. Interpretations. This Agreement has been jointly negotiated and drafted by counsel for the Parties. The language in this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any of the Parties. 4 Docusign Envelope U C2EC154C-A49F-812C-83FA-CEC47DA94E23 L. Severability. In the event that any one or more provisions of this Agreement shall be declared to be illegal, invalid, unenforceable, and/or void by a court of competent jurisdiction, such provision or portion of this Agreement shall be deemed to be severed and deleted from this Agreement but this Agreement shall in all other respects remain unmodified and continue in force and effect. M. No precedent. This Agreement is in no way intended, and shall in no way be construed, to restrict rights guaranteed to the CITY under local, state or federal law, rule, policy or agreement or to establish a precedent in this or any other matter, now or in the future. N. Execution of Counterparts. 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. Facsimile and/or PDF signatures, when received, shall have the same force and effect as original signatures. O. Drafting of Settlement Agreement. None of the Parties hereto, nor their respective counsel, shall be deemed drafters of this Settlement Agreement for purposes of construing the provisions thereof. The language in all parts of this Settlement Agreement shall in all cases be construed according to its fair meaning, not strictly for or against any of the Parties hereto. IN WITNESS WHEREOF, the Parties hereto have executed the Settlement Agreement and General Release. PETITIONER Signed br. Dated: 5/512026 By: h)�qM ROSE MARIE MALLETT Petitioner RESPONDENT CITY OF SANTA ANA, a charter law city and municipal corporation, duly organized and existing under the Constitution and t ws of the State of California Dated: f 4Q By: �W ALVARO NUNEZ, CITY MANAGER ATTEST 1`� Z.r� ,.�., Dated: '�� By: 5 Docusign Envelope ID:C2EC154C-A49F-812C-83FA-CEC47DA94E23 APPROVED TO FORM: Dated: 515f26 By: �cfe2�ui - MAX SCHOENING, Esq. QUERESHI LAW Counsel for ROSE MARIE MALLETT SONIA CARVALHO, CITY ATTORNEY Dated: May 5, 2026 By: TAMARA BOG SIAN Senior Assistant City Attorney for Respondent, CITY OF SANTA ANA 6