HomeMy WebLinkAboutQUINTANILLA, ANTONIO & MONTOYA, ISABEL WARAHI527
A-2016-223
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 ANTONIO QUINTANILLA, and ISABEL SARAHI
MONTOYA (collectively hereinafter referred to as "Plaintiffs"), and CITY OF SANTA ANA
and RAUL MAYORGA (collectively referred to hereafter as "Defendants").
WITNESSETH:
WHEREAS, Plaintiffs filed an action against Defendants in the Superior Court of the
State of California, County of Orange, Central Justice Center District known as ANTONIO
OUINTANILLA. SANDRA JEANNETTE OUINTANILLA and ISABEL SARAHI
MONTOYA v. THE CITY OF SANTA ANA, et al., Case No. 30-2015-00803957 (the
"Action").
WHEREAS, Plaintiffs and 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 Defendants of any liability whatsoever, or as an admission by Defendants of any
violation of the rights of Plaintiffs or any person, violation of any order, law, statute, duty, or
contract whatsoever against Plaintiffs or any person. Defendants specifically disclaim any
liability to Plaintiffs or any other person for any alleged violation of the rights of Plaintiffs 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 Plaintiffs of any liability,
misconduct, or wrongdoing whatsoever.
SECOND: (a) Plaintiffs, ANTONIO QUINTANILLA and ISABEL SARAHI
MONTOYA, will each sign and file a Request for Dismissal with Prejudice form dismissing
Case No. 30-2015-00803957 as to Defendants, CITY OF SANTA ANA and PAUL
MAYORGA, .
(b) At the time Plaintiffs deliver to counsel for Defendants a fully signed
original of this Agreement and an executed copy of the Request for Dismissal as to each of those
Plaintiffs' claims, Defendants will deliver to those Plaintiffs, two checks made payable as
follows: (1) ANTONIO QUINTANILLA AND TREYZON & ASSOCIATES, LLP in the
amount of $55,000.00, and (2) ISABEL SARAHI MONTOYA AND TREYZON &
ASSOCIATES, LLP in the amount of $7,000.00. These amounts are in full and complete
settlement for those Plaintiffs' claims for all damages alleged in the above -referenced Complaint.
(c) Plaintiffs, ANTONIO QUINTANILLA, and ISABEL SARAIII
MONTOYA, and Defendants, CITY OF SANTA ANA and RAUL MAYORGA, agree that the
foregoing mutual dismissals constitute full and complete settlement of all claims made against all
parties in this litigation. These Plaintiffs 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) Plaintiffs acknowledge and agree that Defendants had made no
representations regarding the tax consequences of any amounts received pursuant to this
Agreement. Plaintiffs agree that they and they alone are liable for all taxes, if any, which are
owed by them on any amount received hereunder, including interest and penalties. Plaintiffs will
hold the Defendants harmless from any and all claims made by federal, state, or local taxing
authorities or lien holders against Plaintiffs on amounts owed by them.
THIRD: Plaintiffs represents that, with the exception of Case No. 30-2015-00803957
and the government tort claims associated therewith, they have 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 Defendants on
Plaintiffs' behalf, Plaintiffs will direct that agency or court to withdraw and dismiss with
prejudice the matter.
FOURTH: 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."
FIFTH: 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
and all charges, complaints, claims, and liabilities of any kind or nature whatsoever, known or
unknown, 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.
SIXTH: 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 him/her and
that he/she understands all the provisions of this Agreement, that he/she understands that in
agreeing to this document he/she is releasing each party hereby from any and all claims he/she
may have against each party released, that he/she voluntarily agrees to all the terms set forth in
this Agreement, that he/she knowingly and willingly intends to be legally bound by the same,
that he/she was given the opportunity to consider the terms of this Agreement and discussed
them with legal counsel.
SEVENTH: 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.
EIGHTH: 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.
NINTI3: 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 remaining parts, terms, or provisions shall not be affected thereby, and said
illegal, unenforceable, or invalid part, term, or provision shall be deemed not to be a part of this
Agreement.
LE NTH: 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.
ELEVENTH: This Agreement shall be interpreted in accordance with the plain meaning
of its terms and not strictly for or against any of the parties hereto.
TWELFTH: This Agreement may be executed in counterparts, secured via facsimile
transmission or otherwise, each of which shall be deemed to be an original. Photocopies of an
executed counterpart shall have the same force and effect as an original.
Dated.
Antoni—i?'� • �2_��v'��r :1�_�
o Quintanilla, Plaintiff
Dated:
Isabel Sarahi Montoya, Plaintiff
that he/she was given the opportunity to consider the terms of this Agreement and discussed
them with legal counsel.
SEVENTH: The Parties hereto represent and aclalowledge 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.
EIGHTH: 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.
NINTH: 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 remaining parts, tenns, or provisions shall not be affected thereby, and said
illegal, unenforceable, or invalid part, term, or provision shall be deemed not to be a park of this
Agreement.
TENTH: 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.
ELEVENTH: This Agreement shall be interpreted in accordance with the plain meaning
of its terms and not strictly for or against any of the parties hereto.
TWELFTH: This Agreement may be executed in counterparts, secured via facsimile
transmission or otherwise, each of which shall be deemed to be an original. Photocopies of an
executed counterpart shall have the same force and effect as an original.
Dated:
Antonio Quintanilla, Plaintiff
Dated: O �i'i '2O1( e—
Isabel S al i Montoya, Plaintiff
Dated: CITY OF SANTA ANA, a charter law city and municipal
corporation, duly organized and existing under the
Constitution and la if the State of Calif nania
By:
David Ca az , gty M lager
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: bgbw
By: --X4
°� aza : L) �
Maria D. Huizar, Clerk of a Council
APPROVED AS TO FORM:
TREYZO�N & ASSOCIATES
u
Dated: � 1, a b l 6 L X
U l I Federico Castelan Sayre, Esq.
Attorney for Plaintiffs
Antonio Quintanilla and Isabel Sarahi Montoya
Dated: 4 ��
SONIA R. CARVALHO
CITY ATTORNEY.
Senior Assistant City Attorney
Attorneys for Defendants
City of Santa Ana and Raul Mayorga
�onn
W-9
Request for 'taxpayer
Give Form to the
Rev. December 2014)
identification Number and Certification
Do not
requester. Send to the IRS.
)epartment
of the Treasury
Memel
Revenue Service
9 Name (as shown on your Income tax return). Name Is required on this line: do not leave this line blank.
Treyzon & Associates, LLP
2 Business name/disregarded entity name, If different from above
N
m
m
a
3 Check appropriate box for federal tax classification; check only one of the following seven boxes:
4 main nione (codes apply only to
certain entities, not individuals; see
o
❑ Individual/sole proprietor or ❑ C Corporation ❑ $ Corporation ❑✓ Partnership ❑Trust/estate
Instructions on page 3):
W o
:p
single -member LLC
❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=padnership) d
Exempt payee code Of any)
from FATCA
m u
o
Note. For a single -member LLC that Is disregarded, do not eheok LLC; check the appropriate box In the Ilse above for
Exemption reporting
the tax classification of the single -member owner,
coda (If any)
6 C
❑ Other (see instructions) F
(Apples beeceertepo lolnedoutiMe i4a)
U
Ie
G Address (number, street, and apt. or suite fie.)
Requester's name and address (optional)
a
1901 Avenue of the Stars, Suite 935
6 City, state, and ZIP code
Los Angeles, CA 90067
7 List account number(s) here (optional)
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid I social security summer
backup withholding. For proprietor,
r die this Is generally your social security number (page However, for a -m m�
resident ellen, sole proprietor, or disregarded entity, see the Part I Instructions on page 3. For other
entitles, It is your employer identification number (EIN). If you do not have a number, see How fo get u
TIN on page 3. or
Note. If the account is In more than one name, see the Instructions for line 1 and the chart on page 4 for
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer Identification number (or I am waiting for a number to be issued to me); and
2. 1 am not subject to backup withhoiding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. 1 am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (If any) Indicating that I am exempt from FATCA reporting Is correct.
Certification Instructions. You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all Interest and dividends on your tan return. For real estate transactions, item 2 does not apply. For mortgage
interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and
generally, payments other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the
instructions on page 3. a _
I'IQYe I U.S. personP AP7��(/'•'� �— Datedd16
General
General Instruc;i6ns
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. Information about developments affecting Form W-9 (such
as legislation enacted after we release it) is at www.lrs.gov/hv9.
Purpose of Form
An Individual or entity (Form W-9 requester) who Is required to file an Information
return with the IRS must obtain your correct taxpayer Identification number (FIN)
which may be your social security number (SSN), individual taxpayer identification
number (ITIN), adoption taxpayer Identification number (ATIN), or employer
identification number (EIN), to report on an Information return the amount paid to
you, or other amount reportable on an Information return. Examples of information
returns Include, but are not limited to, the following:
• Form 1099-INT(interest earned or paid)
• Form 1 D99 -DIV (dividends, Including those from stooks or mutual funds)
• Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds)
• Form 1099-8 (stock or mutual fund sales and certain other transactions by
brokers)
• Form 1099-5 (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Film 1098 (home mortgage Interest), 1098-E (student loan Interest), 1098-T
(tuition)
• Fan 1099-0 (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (Including a resident alien), to
provide your correct TIN.
1i do not return Form W-9 to the requester with a TIN, you might be subject
to backup withholding. See What /s backup withholding? on page 2.
By signing the filled -out form, you:
1. Certify that the TIN you are giving Is correct (or you are waiting for a number
to be Issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt payee. If
applicable, you are also certifying that as a U.S. person, your allecable share of
any partnership Income from a U.S. trade or business Is not subject to the
withholding tax on foreign partners' share of effectively connected Income, and
4. Certify that FATCA codes) entered on this form Of any) Indicating that you are
exempt from the FATCA reporting, is correct. See Abatis FATCA reporting? on
page 2 for further Information.
Cat. No. 10231x Form W-9 (Rev. 12-2014)