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HomeMy WebLinkAboutVELEDIAZ, NATALIAN-2016-003 0, JAN 8 _ 2016 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 NATALIA VELEDIAZ (hereinafter referred to as "Plaintiff'), and CITY OF SANTA ANA and KENNEY AGUILAR (hereinafter "Defendants"). WITNESSETH: WHEREAS, Plaintiff filed an action against Defendants in the Superior Court of the State of California, County of Orange, Central Justice Center District known as NATALIA VELEDIAZ v. CITY OF SANTA ANA, KENNEY AGUILAR, Case No. 30-2013-00662848 (the "Action"). WHEREAS, Plaintiff and the Defendants 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 the Defendants of any liability whatsoever, or as an admission by the Defendants 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. The Defendants specifically disclaim 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 the CITY OF SANTA ANA. Likewise, this Agreement and compliance with this Agreement shall not be construed as an admission by Plaintiff of any liability, misconduct, or wrongdoing whatsoever. SECOND: (a) Plaintiff will sign a Request for Dismissal with Prejudice form dismissing Case No. 30-2013-00662848 as to Defendants, CITY OF SANTA ANA and KENNEY AGUILAR, in its entirety. (b) At the time Plaintiff delivers to counsel for the Defendants a fully signed original of this Agreement and an executed Request For Dismissal, counsel for the Defendants will deliver to Plaintiff, a check in the amount of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) in full and complete settlement of all claims made against City of Santa Ana and Kenny Aguilar in this litigation. The check is to be made out to "NATALIA VELEDIAZ AND LAW OFFICES OF FARRAH MIRABEL". This amount is in full and complete settlement for Plaintiff's claims for all damages alleged in the above -referenced Complaint. 1 (c) Plaintiff, NATALIA VELEDIAZ, and Defendants agree that the foregoing mutual dismissals constitute full and complete settlement of all claims made against all parties in this litigation. Plaintiff will not seek any further compensation for any other claimed. damage, costs, or attorney's fees in connection with the matters encompassed in this Agreement. (d) Plaintiff aelmowledges and agrees that the Defendants have made no representations regarding the tax consequences of any amounts received pursuant to this Agreement. Plaintiff agrees that she and she alone is liable for all taxes, if any, which are owed by her on any amount received hereunder including interest and penalties. Plaintiff will hold the Defendants harmless from any and all claims made by federal, state, or local taxing authorities or lien holders against Plaintiff on amounts owed by her. THIRD: Plaintiff represents that, with the exception of Case No. 30-2013-00662848 and the government tort claim associated therewith, she has not filed any complaints, claims, or actions against Defendants including any of its officers, agents, directors, supervisors, employees, or representatives of CITY OF SANTA ANA with any state, federal, or local agency or court and that they 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 the Defendants on Plaintiff's behalf, Plaintiff will direct that agency or court to withdraw and dismiss with prejudice the matter. FOURTH: Plaintiff represents and warrants that no portion of any claim, right, demand, action or cause of action that she has or might have against Defendants or any portion of any recovery or settlement to which she may be entitled from Defendants, has been assigned or transferred to any person, entity or corporation in any manner, including by way of subrogation, transfer or operation of law. In the event that any claim, demand, suit or lien has or should have been made, is instituted against the Defendant because of any such purported assignment, subrogation, transfer or lien, Plaintiff agrees to indemnity and hold harmless the Defendant against any such claim, suit, demand, and to pay and satisfy any such claim, suit, demand or lien, including expense of investigation, attorney's fees and costs. FIFTH: The parties hereto hereby 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: 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 DEC/15/2015/TUE 05,38 PM FAX No. P,005/007 and all charges, complaints, clams, and liabilities of any kind or nature whatsoever, .known or urtkrtowr, suspected or unsuspected (hereinafter referred to as "claim" or "claims") which each releasing party at any time heretofore had or claimed to have or which each releasing party at any time hereafter may have or claim, to have, incidental to the incident(s) which form the basis of this lawsuit. SE, )TWE: Plaintiff by signing below, represents that she has reviewed all aspects of this Agreement, that the Agreement has been carefully read and fully explained to her and that she understands all the provisions of this Agreement, that she understands that in agreeing to this document she is releasing each party hereby from any and all claims she may have against each party released, that she voluntarily agrees to all the terms set forth in this Agreement, that she lmowingly and willingly intends to be legally bound by the same, that she was given the opportunity to oonsider the terms of this Agreement and discussed them with legal counsel. PETER : 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 NTNTlH: 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. YENTH: 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 retraining parts,.terms, or provisions shall not be affected thereby, and said illegal, unenforceable, or invalid part, turn, or provision shall be deemed not to be a part of this Agreement. ELEVENT-9: 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. TWELVT)_T: 'Phis Agreement shall be interpreted in accordance with the plain meaning of its terms and not strictly for or against any of the parties hereto. Dated: (S NAT91AVELED61AZZP6Lntiff DEC/15/2015/TUE 05:39 PM IAN 2016 Dated: ATTEST: Dated: ' JM 7 _ 2016 APPROVED: FAX No. P.006/007 CITY OF SANTA .ANA, a ehartcr law city and municipal octporation, duly organized and existing under the Constitution and laws of the State of California 1 By: j David Cavazos, City Manager CITY OF SANTA ANA, a charter law city and municipal corporation, duly organized and existing wider the Constitution and laws of the State of California By Maria D. Huizar, Clerk of the Council Dated: Edward Raya Executive Director of Personnel Services for City of Santa Ana APPROVED AS TO FORM: LAW OFFICES OF FARWMaABEL Dated: ! 3== —/ 5 Farrah Mirabel y` Attorney for Plaintiff Natalia Velediaz SOPMARVALHO CITX Dated: �S M. Schw ann Senior Assistant City Attorney Attorneys for Defendsnt, City of Santa Ana