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HomeMy WebLinkAboutNGUYEN, TAM 12015 N-2415-034 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Settlement Agreement and Release of All Claims (hereinafter "Agreement") is made and entered into by and between the CITY OF SANTA ANA in its individual capacity and in its representative capacity for the PEOPLE OF THE STATE OF CALIFORNIA (hereinafter referred to as "Plaintiffs"), and TAM NGUYEN (hereinafter "Defendant"). "WITNESSETH: WHEREAS, Plaintiff, People of the State of California filed a civil action against Defendant, Tam Nguyen, in the Superior Court of the State of California, County of Orange, Central Justice Center District known as PEOPLE OF THE STATE OF CALIFORNIAICITY OF SANTA ANA v. TAM NGUYEN et al. Case No. 30-2013- 00694333-CU-OR-CJC (the "Civil Action"). Plaintiff, People of the State of California, also filed a criminal action against Defendant in the Superior Court of the State of California, County of Orange, Central Justice Center District known as PEOPLE OF THE STATE OF CALIFORNIA v. TAM TON NGUYEN No. 12CM09543 (the "Criminal Action.") WHEREAS, Defendant denies such allegations, and WHEREAS, Plaintiffs and Defendant desire to settle fully and finally all differences between them, including, but in no way limited to, 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: FIRST: This Agreement and compliance with this Agreement shall not be construed as an admission by Defendant of any liability whatsoever. Defendant specifically disclaims any liability to Plaintiffs and/or any alleged violation of any order, law, statute, duty or contract on the part of the Defendant. Likewise, this Agreement and compliance with this Agreement shall not be construed as an admission by Defendant of any liability, misconduct, or wrongdoing whatsoever. SECOND: The Parties hereby agree to the following terms: (a) The City of Santa Ana's Community Preservation inspectors inspected the property located at 1820 E. Garry Avenue, Unit 2C4, in the City of Santa Ana and determined that Defendant has ceased operation at that property, (b) The Parties hereby stipulate to have Judgment entered in the civil action for Plaintiff; the People of the State of California, and Plaintiff and Real Party in Interest, the City of Santa Ana, and against Defendant and Haat Defendant will be permanently enjoined from leasing to or operating a medical marijuana dispensary/collective/cooperative anywhere within the City of Santa Ana until such time as it is allowed pursuant to local or state law or permit. (c) Each side to bear their own costs and attorney fees. Pursuant to Code of Civil Procedure 664.6, the patties will request that the Court retain jurisdiction over the parties to enforce the terms of this settlement until performance in fall of the terms of the settlement, (d) In the event that the Court does not enter Judgment as requested, this settlement agreement in its entirety will be null and void and the pending cases will revert back to its prior state with all affirmative allegations and defenses retained by all parties. THIRD: Plaintiff and Defendant, Tam Ton Nguyen agreed to a civil compromise in the amount of $10,000 that was paid to the "City of Santa Ana" in settlement of the above Criminal Action, receipt of which is hereby acknowledged. FOURTH- Plaintiffs represent that, with the exception of the Civil Action and the Criminal Action referenced above, they have not filed any other complaints, claims, or actions against Defendant with any state, federal or local agency or court FIFTH- The Parties hereto herby agree 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." SIXTH: The parties represent 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 all the provisions of this Agrecineut, that they understand that in agreeing to this document, they are releasing each other frorn any and all claims they may have against each other, 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 discuss them with legal counsel. 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' 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. EIGTH: The Agreement shall be binding upon the parties hereto and upon their heirs, administrators, representative, 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. NINTH: The 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 pertaining to the above actions. PARTIES: PLAINTIFFS Dated: 3 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 By:<---/� /o,�� David Cavazos, City Ma4ager 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:aalS By: Maria D. Huizar, Clerk of ' Council DEFENDANT Dated: _. 715 / 1 APPROVED AS TO FORM: Dated: �\ Dated: Dated: SONIA R. CARVALHO CI ATTORN Y City f Santa a M. $CHWARZMAN ,senior Assistant City Attorney Attorney for Plaintiffs CITY OF SANTA ANA LAW OFFICES OF RANDALL T. LONGWrrH Randall T. Longwith, Esq. Attorney for Defendant (Civil Action) TAM NGUYEN THE COTA LAW FIRM Antonio A. Cota, Esq. Attorney for Defendant (Criminal Action) TAM NGUYEN DEFENDANT Dated: APPROVED AS TO FORM: Dated: Dated:41/ Dated: 03/10/2015 TAM TON NGUYEN SOMA R. CARVALHO CITY ATTORNEY City of Santa Ana SANDRA M. SCHWARZMAN Senior Assistant City Attorney Attorney for Plaintiffs CITY OF SANTA ANA Attorney for Def TAM NGUYEN Esq, r24vsqe4— I it (Civil Action) THE CO TA LAW Antonio X. .--Cota, - Esq. Attorney for Defendant (Criminal Action) TAM NGUYEN f f /"