HomeMy WebLinkAboutCARMAGO,TONY-2017SETTLEMENT AGREEMENT
AND RELEASE OF ALL CLAIMS
This Settlement Agreement and Release of All Claims (hereinafter "Agreement") is made
and entered into by and between "CONY CAMARGO (hereinafter as "Plaintiff"), and CITY OF
SANTA ANA (hereafter as "Defendant"),
WITNESSETH:
WHEREAS, Plaintiff filed an action against Defendant in the Superior Court of the State
of California, County of Orange, Central Justice Center District known as TONY CAMARGO v.
CITY OF SANTA ANA, Case No, 30-2016-00872027-CU-PO-CJC (the "Action"),
WHEREAS, Plaintiff and Defendant (collectively hereafter "parties"), 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 Defendant and of any liability whatsoever, or as an admission by the
Defendant of any violation of the rights of Plaintiff or any person, violation of any order, haw,
statate, duty, or contract whatsoever against Plaintiff or any person, Defendant specifically
disclaims any liability to Plaintiff or any other person for airy alleged violation of the rights of
Plaintiff or any person, or for any alleged violation of any order, 'law, statute, ditty, or contract on
the part of any employees, agents of Defendant, 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) Each party will exchange a fully signed executed copy or original of
this Agreement. Defendant cannot proceed with processing payment without a fully executed copy
of the Agreement from Plaintiff.
(b) The City agrees to pay the sum of Two Hundred and Twenty Five
Thousand Dollars ($225,000.00) infull and complete settlement of all claims made against the
Defendant in this action in exchange for, an executed copy of the Request for Dismissal with
prejudice of the foregoing Action. Listed below is the breakdown of the distribution of the
settlement funds as follows:
(c) A check payable to "TONY CAMARGO AND HIS ATTORNEY
OF RECORD, THE LAW OFFICES OF Ah MOTLAGH" in the amount of One Hundred acrd
Nineteen Thousand, Two Hundred and F'i'fty Dollars and Forty -Three cents ($119,250.43).
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(d) Defendant will withhold One Hundred and Five Thousand, Seven
Hundred and Forty -Nine Dollars and Fifty -Seven cents ($105,749.57) from the Settlement amount
for the Medicare Lien for medical services associated with Plaintiffs injuries as a result of this
action. Once Medicare processes its mandatory reduction and issues a letter with the total amount
owed to Medicare, the City will issue a check to MEDICARE for the confirmed amount. If there
is a balance remaining of the settlement proceeds after payment of the Medicare lien the City will
issue a second check made payable to "TONY CAMARGO AND HIS ATTORNEY OF
RECORD, THE LAW OFFICES OF AL MOTLAGH" for any remaining amount. Should
Medicare be entitled to, or demand additional payments for services rendered in connection with
this action that exceeds $105,749.57, Plaintiff Tony Carnargo understands and agrees that he will
be solely and completely responsible for any additional payments owed to Medicare.
(e) Parties agree that this Agreement and the payment specified in
subsection (c -d) above, constitutes full and complete settlement and compromise of all claims
made against the Defendant in the Action. Plaintiff specifically agrees that by accepting the
foregoing payment and executing this Agreement, Plaintiff is waiving any and all actual or
potential rights to any other claimed damages, costs, or attorney's fees in connection with the
Action.
(f) Plaintiff acknowledges and agrees that Defendant has made no
representations regarding the tax consequences of any amounts received pursuant to this
Agreement, Plaintiff agrees that he/she and he alone is liable for all taxes, if any, which are owed
by him on any amount received hereunder including interest and penalties. Plaintiff will hold
Defendant harmless from any and all claims made by federal, state, or local .taxingauthorities or _
lien holders against Plaintiff on amounts owed by him/her.
T:HIR1): Plaintiff represents that, with the exception of the Action, and the government
tort claim associated therewith and submitted to the City of Santa Ana, he has not filed any
complaints, claims, or actions against Defendant including any of its officers, agents, directors,
supervisors, employees, or representatives of Defendant 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 Defendant on
Plaintiffs behalf, Plaintiff 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."
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FIFTH: Notwithstanding the provisions of Civil Code section 1542, each party hereto
hereby irrevocably and unconditionally releases and forever discharges each other party and each
and all of its officers, agents, directors, supervisors, employees, agents, 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 forms
the basis of the Action.
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 them and that they
understand every provision of this Agreement, that they understand that in agreeing to this
document they are releasing each party hereby from any and all claims they may have against each
party released, that they voluntarily agree to all the terns 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.
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.
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, 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.
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.
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TWELFTH: This Agreement may be executed in counterparts, secured via
facsimile transmission or otherwise, each of which shall be deemed t9.7Ze an ognal, Pho
of any executed counterpart shall have the same force and
Dated: Z— Z l—Z6(�,
TONY CAMARGO
Dated: CITY OF SANTA ANA, a charter law city and municipal
corporation, duly organized and existing under the Constitution
and laws of the State of Calif 7 'a
By _.._._._....._/ ✓ _
Cynthia J. Ifiurtz, Interim Cit Manager
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: � � �� _7.-�17
By: M (VyW e :✓ . I.
Maria D. Huizar; Cleric of tv Council
APPROVED AS TO FORNI:
Dated: 6 I
Dated:
LAW OFFICES OF AL MOTLAGH
AL MOTLAGH, Attorney for Plaintiff
Tony Camargo
SONIA R. CARVALHO
CITY ATTARNEY
L.S-ANDR'A M. SCHWA NN
Senior Assistant City Attorney
Attorneys for Defendant
City of Santa Ana
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