HomeMy WebLinkAboutQUESADA, MIGUEL N-2026-207
RELEASE OF ALL CLAIMS
In regard to Miguel Quesada v.Eberardo Augstin Morales, et al.,Orange County Superior Court Case No. 30-2024-
01426520-CU-PA-CJC(the"Action'),Miguel Quesada(`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 Three Thousand Dollars($3,000) and no cents.
Plaintiff understands, agrees, and acknowledges that in exchange for the payment by the City to Plaintiff, Plaintiff
will file a dismissal with prejudice of the Action withi VO
e(3) days of his receipt of the above settlement money.
The filing of the dismissal will terminate the Action. (Inidals)
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, subrogors, 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 motor
vehicle accident that occurred on or about September 19,2023 at or near the intersection of Maple Street and Beverly
Place in Santa Ana,California as alleged in the Action.
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 that the creditor or releasing party does now 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..
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 of the parties hereby released or their representatives or by any
physician or surgeon employed by them.Mnitials)
Plaintiff further declares and represents that no promise,inducement or agreement not expressed in this Release has
been made to him, 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 understands,agrees and acknowledges the City has made no representations regarding the tax consequences
of the payment required by this Release.Plaintiff agrees that he is liable for all taxes,if any,which are owed by him
for the payment,including interest and penalties. Plaintiff will hold the City harmless from any and all claims made
by federal, state, or local taxing authorities.
Plaintiff understands that he and he alone and not the City,is responsible for any liens that are owed by him related
to the incident referenced in the complaint filed in this Action.Plaintiff and he alone and not the City is responsible
for paying any other liens that he is currently aware of that are not mentioned in this Release or any liens that he
discovers after he signs this Release, whether the Liens are for medical expenses or for anything else. (Initials)
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. (s„ic3;ls).
1, Miguel Quesada, have carefully read this Release or have had the opportunity to carefully read, consider, and
understand this Release, and on that basis, I understand and acknowledge what I am agreeing to by signing this Release.
Plaintiff iguel Otr6sada
Sighed on - - in the City of
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Dief"endant
Dated: 8/6/26 G "d`
LORI SCHNAIDER
Executive Director of Human Resources
City of Santa Ana
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: '
nnifer al , Ci Clerk '`'°