HomeMy WebLinkAboutQUINTANILLA, MARIAIiNSURAN(WE NOT REOUIPiED
WORK MAY PI•tOM_[)
CLEW OF COi7lvUSEP
ly, ,
y
col,9(
Err`Op�
SETTLEMENT AGREEMENT AND RELEASE
6
�r HIS SETTLEMENT AGREEMENT AND RELEASE ("Settlement Agreement") Is made and entered Into
71. C AC Cr ) this,day of August 2017, by and among MARIA QUINTANILLA (hereinafter.referred to as "Plaintiff" unless
(,,,)041, jfied by name) and the CITY OF SANTA ANA (hereinafter referred to as "Defendant" unless identified by
RECITALS
A-2017-161
A. On or about the 28th day of July, 2016, the Plaintiff filed a Complaint (the "Complaint") against the City
of Santa Ana and Officer Britain Speakman in the United States District Court— Central District of California, Court
Action No. SACV18-1400 JLS (JCx), which Complaint arose out of certain alleged civil rights violations and
negligent acts or omissions by the Defendant, In the Complaint, the Plaintiff sought to recover monetary damages
on account of said alleged civil rights violations and personal physical injuries as a result of events surrounding the
detention and shooting of Jose Manuel Quintanilla which occurred at or near the parking lot of 1111 E. 4th Street,
located in the City of Santa Ana, State of California, on the 18th day of February, 2016,
B. The Parties desire to enter into this Settlement Agreement in order to provide for certain payments in
full settlement and discharge of all claims, which are the subject of or might have been the subject of the
Complaint, upon the terms and conditions set forth herein.
C. Plaintiff understands that liability for said incident is disputed by the parties herein released and this
Settlement Agreement and Release is a compromise and shall not be construed as an admission of liability.
AGREEMENT
NOW THEREFORE, the parties hereto hereby agree as follows:
1. Release and Discharge
In consideration for the payments to the persons at the times set forth in Sections 2.1 and 2.2 to this
Settlement Agreement, the Plaintiff hereby completely releases and forever discharges the Defendant and the
Defendant's past, present and future officers, board members, police officers (including, but not limited to Officer
Britain Speakman), attorneys, agents, servants, representatives, employees, subsidiaries, affiliates, partners,
predecessors and successors in interest and assigns, and all other persons, firms or corporations, of and from any
and all past, present or future claims, demands, obligations, actions, causes of action, wrongful -death claims,
rights, damages, costs, losses of services, expenses and compensation of any nature whatsoever, whether based
on a tort, a contract or another theory of recovery, and whether for compensatory or punitive damages, which the
Plaintiff now has, or which may hereafter accrue or otherwise be acquired, or which are the subject of the
Complaint (and all related pleadings) Including, without limitation, any and all known or unknown claims for
personal physical injuries to Plaintiff or decedent Jose Manuel Quintanilla, or any future wrongful death claims of
Plaintiffs representatives, which have resulted or may result from the alleged acts or omissions of the Defendant.
This release shall be a fully binding and complete settlement between the Plaintiff and the Defendant, their
respective assigns and successors, save only the executory provisions of this Settlement Agreement. '
2. Payments
In consideration for the release set forth above, the Defendant hereby agrees to make the lump sum
payments and future Periodic Payments to the parsons and at the times set forth in Sections 2.1 and 2.2. All the
payments set forth in Sections 2.1 and 2.2 constitute damages (other than punitive damages) received on account
of personal physical injuries or sickness within the meaning of Section 104(a)(2) of the Internal Revenue Code of
1986, as amended ("Code").
21 Immediate Cash Payments:
$249,948.00 payable to GUIZAR, HENDERSON & CARRAZCO, LLP
2.2 Periodic Payments (representing a present value of $200,052.00);
PAYEE; CPT AS TRUSTEE FOR THE BENEFIT OF MARIA QUINTANILLA
$1,500,00 monthly, guaranteed for 151 payments only, commencing 11/1/2017 through and
Including 5/1/2030.
Beneficiary: Maria Quintanilla Irrevocable Special Needs Trust
3. Qualified Assignment
The parties hereto acknowledge and agree that the Defendant will make a qualified assignment as
defined in section 130(c) of the Code to PACIFIC LIFE & ANNUITY SERVICES, INC. (the "Assignee") of the
Defendant's liability to make the periodic payments set forth In Section 2,2. Any such assignment, when made,
shall be accepted by the Plaintiff without right of rejection and shall completely release and discharge the
Defendant from the liability that is assigned to the Assignee. The Plaintiff recognizes that the Assignee shall be
their sole obligor with respect to the liability assigned, and that all other releases of the Defendant shall thereupon
become final, Irrevocable and absolute.
When the liability to make the periodic payments is assigned, the Plaintiff and payees understand and
agree that (i) the periodic payments set forth in Sectlop 2,2 cannot be accelerated, deferred, increased or
decreased by the recipient of such payments, (11) the Assignee's obligation on account of the periodic payments
set forth In Section 2.2 is no greater than the obligation of the Defendant or Insurer of the Defendant that Is
assigning the liability, and (iii) the rights of the Plaintiff or payee against the Assignee are solely the rights of a
generalcreditor of the Assignee. The Defendant and/or the Assignee shall not segregate or set aside any assets
to fund the periodic payments set forth in Section 22 Execution of the assignment will absolutely and completely
discharge Defendant from any further payment obligation. If the Assignee and/or Annuity Issuer of the contract
purchased by Assignee to make the payment obligation specified in Section 2.2, fails to make payments or
becomes insolvent or bankrupt, Plaintiff's or Plaintiffs heirs' or representatives' sole remedy to enforce payment
obligations assigned shall be against Assignee, guarantor and/or responsible party other than Defendant.
Defendant will have no further obligations upon payment to the designated Assignee and/or Annuity Issuer,
4. Right to Purchase an Annulty
The Assignee reserves the right to provide for the periodic payments set forth in Section 2.2 by
purchasing an annuity policy from PACIFIC LIFE INSURANCE COMPANY (the "Annulty Issuer"). The Assignee
shall be the owner of any such annuity policy. Neither the Plaintiff nor any payee set forth in Sections 2.1 and 2.2
shall have any incidents of ownership of that annuity. The Assignee may, for its convenience, direct the annuity
Issuer to mail periodic payments directly to the Plaintiff or payee set forth in Section 2.2. While the periodic
payments are being made, the Plaintiff and other payees set forth in Section 2.2 shall provide to and maintain for
the Assignee a current mailing address,
5. Plaintiff's Beneficiary
Any payments set forth in Section 2.2 that are to be made after the death of the Plaintiff or a payee shall
be made to the person or entity designated in writing by the Plaintiff or the payee in a form and manner acceptable
to Assignee. If no person or entity Is so designated, then such payments shall be made to the estate of the
Plaintiff or payee, respectively.
6. Discharge of Liability
The obligation assumed by the Assignee to make each Periodic Payment shall be fully discharged upon
the mailing of a valid check or electronic funds transfer in the amount of such payment on or before the due date
to the last address on record for the Payee or Beneficiary with the Annuity Issuer. If the Payee or Beneficiary
notifies the Assignee that any check or electronic funds transfer was not received, the Assignee shall direct the
Annuity Issuer to initiate a stop payment action and, upon confirmation that such check was not previously
negotiated or electronic funds transfer deposited, shall have the Annuity Issuer process a replacement payment,
7. Attorney's Fees
Each party hereto shall, bear all attorney's fees and costs arising from the actions of its own. counsel in
connection with the Complaint, this Settlement Agreement and the matters and documents referred to herein, the
filing of a Dismissal of the Complaint, and all related matters.
8. Scope of Release
The release set forth in Paragraph 1 above is a general release, The Plaintiff waives, and assumes the
risk of, any and all claims for damages that exist as of the date of this Settlement Agreement, even those claims
that the Plaintiff does not now know of or does not now suspect to exist, whether that lack of knowledge or lack of
suspicion is through ignorance, oversight, error, negligence, or otherwise, and even if that lack of knowledge or
lack of suspicion would have, If known now, affected the Plaintiffs decision to enter into this Settlement
Agreement, The Plaintiff further agrees that the Plaintiff has accepted payment of the amounts set forth in
Sections 2,1 and 2.2 as a complete compromise of matters involving disputed issues of law end fact. The
payments set forth in Section's 2.1 and 2,2 are not to be construed as an admission of liability on the part of the
Defendant, by whom liability is expressly denied. The Plaintiff waives the rights under section 1542 of the Civil
Code of the State of California, which provides as follows:
"[A] general release does not extend to claims which the creditor does riot know or suspect
to exist in hills or her favor at the time of executing the release, which, if known to him or her,
must have materially affected his or her settlement with the debtor."
The undersigned Plaintiff has been fully advised and understands that the Injuries/damages sustained by her
are of such character that the full extent and type of injuries/damages are not known at the date hereof, and it is
further understood that said lnjudesldamages, whether known or unknown at the date hereof, might possibly become
progressively worse and that as a result thereof further injuries/damages may be sustained by Plaintiff', nevertheless,
the undersigned desires to forever and fully release and discharge the parries herein released and discharged, and
understands that by the execution of this instrument no further claims may ever be asserted by Plaintiff. It is further
understood and agreed that the undersigned relied wholly upon the undersigned's judgment, belief and knowledge of
the nature, extent, effect and duration ofsaid injuries and liability therefore and this settlement is made without
reliance upon any statement or representation of the party or parties hereby released or by their Insurers, physicians,
attorneys or representatives.
9. Delivery of Stipulation to Dismiss
Concurrently with the execution of this Settlement Agreement, counsel for the Plaintiff has delivered to
counsel for the Defendant an executed Stipulation to Dismiss with Prejudice of the action described in Recital A
above. The Plaintiff has authorized Plaintiffs attorneys to execute the Stipulation to Dismiss with Prejudice on her
behalf and hereby authorizes counsel for the Defendant to file the Stipulation to Dismiss with Prejudice with the
Court. The undersigned has been fully advised by her counsel as to these presents, and each provision hereof,
and hereby authorizes and directs counsel to dismiss, with prejudice, her Complaint in that certain action now
pending in the United States District Court — Central District of California, Court Action No, SACV16-1400 JLS
(JCx), described above.
10. Warranty of Capacity to Execute Aareement
The Plaintiff represents and warrants that no other person or entity currently has or has ever had any
interest in the claims, demands, obligations, or causes of action that are the subject of this Settlement Agreement,
The Plaintiff has the sole right and exclusive authority to execute this Settlement Agreement and receive the sums
specified in Sections 2.1 and 2.2.
11. Good Faith Settlement
The Plaintiff and the Defendant agree by and through their attorneys and represent that the settlement set
forth in this Settlement Agreement is being entered Into in good faith and to the satisfaction of the parties.
12. Entire Agreement and Successors in Interest
This Settlement Agreement contains the entire agreement between the Plaintiff and Defendant with regard
to the matters set forth in it and shall be binding upon and Inure to the benefit of the executors, administrators,
personal representatives, heirs, successors and assigns of each.
13. Representation by Plaintiff
Plaintiff represents that the Plaintiff has carefully read this Settlement Agreement in its entirety. Plaintiff
has conferred with an attorney and knows and, understands the contents of this agreement. In entering into this
Settlement Agreement the Plaintiff has relied upon the legal advice of attorneys, who are the attorneys of the
Plaintiffs own choice and that the terms of this Settlement Agreement have been completely read and explained
to the Plaintiff by those attorneys, and that those terms are fully understood and voluntarily accepted by the
Plaintiff. Plaintiff represents that the' parties through their respective counsel have, negotiated this agreement.
Plaintiff is not relying on the advice of the Defendant or on the advice of anyone associated with the Defendant
concerning the legal or tax consequences of this Settlement. Agreement, nor is this Settlement Agreement
contingent upon any favorable tax determination. Accordingly, the Plalntiff hereby releases and holds the
Defendant harmless, and its counsel or consultants, from any claim of any kind that the Plaintiff might otherwise
assert because of any unforeseen consequences of this Settlement Agreement..
14. Governing Law
This Settlement Agreement shall be construed and Interpreted In accordance with the laws of the State of
California, For the protection of the undersigned Plaintiff, California law requires the following to appear on this
form;
"[A]ny person who knowingly presents false or fraudulent claim for the payment of a loss is guilty of
a crime and may be subject to fine and confinement in state prison."
15. Additional Documents
The Plaintiff and Defendant will cooperate fully and execute any and all supplementary documents and
take all additional actions to give full force and effect to this Settlement Agreement.
16. Liens / Claims
The undersigned Plaintiff warrants and represents that there are no liens, claims or assignment at law or in
equity or otherwise of or against any claims or causes of action belonging to her connected in any way with the
subject matter of this Release. If any such lien exists, the undersigned Plaintiff agrees to compromise and settle or
otherwise satisfy said lien out of the proceeds of the settlement and provide the parties released with a release of
lien. Plaintiff further agrees to indemnify and defend the parties released, their police officers (including but not
limited to Officer Britain Speakman), employees, agents, their insurance carriers and their attorneys of record,
from any and all claims or causes of action brought by all lien holders as a result of the undersigned's failure to
compromise, settle or otherwise satisfy said liens. Further, Plaintiff acknowledges that she is responsible for any
and all liens arising from, based upon, or relating to the incident, including without limitation, any and all MEDI-
CARE and/or MEDI-CAL liens for injury -related services paid by the corresponding State programs.
17. Indemnity
. Plaintiff will indemnify and save Defendant and its past, present and future officers, board members, police
officers (including, but not limited to Officer Britain Speakman), attorneys, agents, servants, representatives,
employees, subsidiaries, affiliates, partners, predecessors and successors in interest and assigns, and all other
persons, firms or corporations, harmless from any loss, claim, expense, demand or cause of action of any kind or
character that may occur or arise through the assertion by any person or entity of any loss, claim, expense or cause
of action arising out of the terms of this Release, and from any loss incurred directly or Indirectly by reason of the
falsity or inaccuracy of any representations herein by the undersigned Plaintiff.
16. NqfurtherAcUon
The undersigned Plaintiff covenants and agrees that she will not, at any time hereafter, Initiate, maintain, or
prosecute, or in any way knowingly aid In the Initiation, maintenance, or prosecution of any claim, demand, or cause
of action at law or otherwise, against any other party to this agreement, for damages, loss, Injury, injunctive relief, or
to enforce or request compliance with any local state or federal statute Including but not limited to those alleged in
plaintiffs complaint in this litigation, or indemnity of any kind arising out of or in anyway connected with the matters
with respect to which this Release Is given. The undersigned Plaintiff further agrees that this Release agreement may
be pled as a full and complete defense to, and may used as the basis for an injunction against, any action, suit, or
other proceeding that may be initiated, prosecuted, or attempted in breach of this agreement; and further agrees to
Indemnify and hold and save harmless any party or parties so served from all such tosses, damages, or costa,
including attorneys' fees and other costs and expenses in preparing the defense of any such suit, preparing and
proving the existence and validity of this agreement, and all other expenses of defending the suit, whether such coats
or expenses are taxable or otherwise.
19. DountgaLarts
This Settlement Agreement may be signed in counterparts, Together those counterparts comprise a
single binding Settlement Agreement.
20, Effectiveness
This Settlement Agreement shall become effective immediately following execution by Plaintiff and
Defendant.
PLAINTIFF: �f.�..A ' ,F7 ?`"•^ . !%d
APPROVED AS TO
KENT MENDERSON-, E Q--. ,
ANGEL CARRAZCO, ESQ.
GUU1I��1A/f3, HEEvN/DlE�tRSON'&ZC LLP
7CARRAO,
fJ tAC✓/d f
Date: I 7
DEPENDANT:
Printed Name: CITY at ANTA AN��
Date:
rue:
APPROVED AS TO FORM AND CONTENT,
P ted Name; JILL VAL'WAMS, ESO. -�-
CARPENTER, ROTNANS & DUMONT
Maria D. Huizar
Attorney fa0arendant
Clerk of the Council
PA'±C. F,icLIFE
&ANNUM S W'M,�tEs, Yf fC
Qualified Assignment and Release Agreement
In Accordance With Interna! Revenue Code Section 130
"Clalcfiangq,: MARIA QUINTANILLA
"Assignor(sy% CITY OF SANTA ANA
"Settlement Agreement":
[Date and title of settlement agreement, order orother document embodying the
Assignor's obligation to make the agreed periodic payments]
"Assignee": Paciflo Life & Annuity Services, Inc.
"Annuity Issuer":
"Effective Date
This Qualified Assignment and Release Agreement is made and entered into as of the Effective Date by and
among the undersigned parties with reference to the following facts:
A. Claimant(s) and Assignor are parties to or are otherwise subjectto or entitled to receive payments under the
above -referenced Settlement Agreement, under which Assignor has Ilability to make certain periodlo payments
to or for the benefit of Ciaimant(s) as specified or referred to In.paragraph 12 of this Agreement (the "Periodic
Payments"); and
B. Assignor and Assignee wish to effect a "qualified assignment" within the meaning and subject to the
conditions of Section 130(c) of the Internal Revenue Code of 1986, as amended (the "Code"),
Now, therefore, In consideration of the foregoing and for other goad and valuable consideration, the parties.
agree as follows:
1. Assignment and Assumption; Release of Assignor. Assignor hereby assigns to Assignee, and Assignee
hereby accepts and assumes, all of Assignor's liability to make the Periodic Payments. Each Claimant hereby
accepts and consents to such assignment by Assignor and assumption by Assignee. Effective on the Effective
Date, each Claimant hereby releases and discharges Assignor from all liability to make the Periodic Payments,
Pacific Life refers to Pacific Life Insurance Company and Its affiliates, Including Pacific Life & Annuity Company, Insurance products
are Issued by Pacific Life Insurance Company In all states except New York and in New York by Padflc Life & Annuity Company.
Product availabllky and features may vary by state, Each company is solely responsible for the financial obllgadons acrxuing under
the products it Issues, Insurance product and rider guarantees are backed by the financial strength and claims -paying ability of the
Issuing company.
10/11 IPL ISS QARI Page 1 of 6 W26140 -11A
2. Nature of Periodic Payments The Periodic Payments constitute,
I, damages (other than punitive damages), whether by suit or agreement, or
i, compensation under a workers' compensation act,
on account of personal injury or slokness In a case involving physical injury or physical sickness, within
the meaning of Sections 130(c) and 104(a) of the Code.
3, Extent of Assignee's Liability. Assignee's liability to make the Periodic Payments shall be no greetsrthan the
lability of Assignor immediately priorto the Effective pate. Assignee assumes no liability other than the liability
to make the Periodic Payments. Assignee's Ilability to make the Periodic Payments shall be unaffected,by any
bankruptcy or insolvency of Assignor.
4. Qualified Fundlhg Asset, Assignee will fund the Periodic Payments by purchasing from Annuity .Issuer a
"qualified funding asset" as defined in Section 130(d) of the Code, in the form of an annuity contract (the
"Annuity") issudd by Annuity Issuer and providing for payments corresponding to the Periodic Payments,
Assignee shall be designated as the owner of the Annuity. All rights'of legal ownership and control of the
Annuity shall (subject to paragraph 9 of this Agreement) be and remain vested exclusively in Assignee;
provided, however, that the Annuity shall be used by Assignee to fund the Periodic Payments and shall at all
times be designated by Assignee on its records as being taken Into account, under Section 130 of the Code,
with respect to this Agreement. Notwithstanding anything to the contrary contained in this Agreement, neither
any Claimant nor any Successor Payee shall have any rights with respect to the Annuity or the payments
thereunder 'that1would cause anyaniount attributable to the Annuity to be currently includible in the recipient's
income or would otherwise affect the determination of "an any recipient Is treated as having received any
payment for income tax purposes, or would otherwise prevent this Agreement from satisfying all of the
conditions for a "qualified assignment" within the meaning of Section 130(c) of the Code.
6. Delivery of Payments. Assignee may have Annuity Issuer send payments directly to a Claimant, or, if
applicable, to a Successor Payee (as defined in earaoraoh 8 of this Agreement) -or deliver payments by
electronlc funds transfer to an F2 In depository institution in the United States for credit (directly or
indirectly) to an insured account In the name of such Claimant or Su'ocessor Payee. Such direction of payments
under the Annuity shall not be deemed to afford the Claimant or any Successor Payee any rights of ownership
or control of'the Annuity. Each Claimant and any Successor Payee shall at all times keep Annuity Issuer
apprised of such Claimant's or Successor Payee's currentstreet address eirtd telel)W-Te comber and, If such
Claimant or Successor Payee receives payments by electronic funds transfer, the. name, address, bank
Identifier number (routing number) and telephone number of the applicable depository Institution and the
account number of the account to which the payments are to be credited.
6. Discharge of Liability. The Assignee's liability to make each Periodic Payment to the Claimant or Successor
Payee designated to receive such payment shall be discharged automatically at such time as a corresponding
payment Is made to such Claimant or Successor Payee by the Annuity Issuer.
7, Acceleration, Transfer of Payment Rights, None of the Periodic Payments and no rights to or Interest in any
of the Periodic Payments (all of the foregoing being hereinafter collectively referred to as "Payment Rights") can
be
1. Accelerated, deferred, Increased or decreased by any recipient of any of the Periodic Payments; or
11, Sold, assigned, pledged, hypothecated or otherwise transferred or encumbered, either directly or
Indirectly, unless such sale, assignment, pledge, hypothecation or other transfer or encumbrance (any
such transaction being hereinafter referred to as a "Transfer") has been approved in advance in.a
"Qualified Order" as defined In Section 5891(b)(2) of the Code (a "Qualified Order") and otherwise
complies with appllcable state law, including without limitation any applicable state structured settlement
protection statute.
10/11(PL ISS OAR] Page 2 of 6 W26140 -11A
No Claimant or Successor Payee shall have the power to effect any Transfer of Payment Rights except as
provided in sub -paragraph (II) above, and any other purported Transfer of Payment Rights shallbe wholly void,
If Payment Rights under this Agreement become the subject of a Transfer approved in accordance with
sub -paragraph (II) above the rights of shy direct or Indirect transferee of such Transfer shall be subject to the
terms of this Agreement and any defense or claim In recoupment edging hereunder,
S. Contingent Beneficiaries, Any Periodic Payments to be made after the death of any Claimant or Successor
Payee shall be made to such party as shall have been designated In, or In accordance with, the Settlement
Agreement or, If the Settlement Agreement does not provide for such designation, then to the party designated
In conformity with this paragraph 8. Any party so designated is referred to in this Agreement as a "Contingent
Beneflclary," If no Contingent Beneficiary is living at the 6me of the death of a Claimant or -Successor Payee,
payment shall be made to the decedent's estate, As used in this agreement the term "Successor Payee' *refers
to a Contingent Beneficiary or an estate that has become entitled to receive Periodic Payments following the
death of Claimant or a Successor Payee. Except as otherwise provided in the Settlement Agreement, no
designation or change of deslgnatlon of a Contingent Beneficiary shall be effective unless such change (1) Is
requested In a written request submitted to Assignee (or its authorized agent) in accordance with. ssignee's
customary procedures for processing Such requests; and (H) is confirmed by Assignee (or Its authrized agent).
Except for a designation that Is expressly identified In the Settlement Agreement as Irrevocable, any
designation of a Contingent Beneficiary shall be deemed to be revocable; and no party that Is designated as a
Contingent Beneficiary (other than a party Irrevocably designated as a Contingent Beneficiary In the Settlement
Agreement) shall, solely by virtue of its designation as a Contingent Beneficiary, be deemed to have any
cognizable Interest in any Periodic Payments.
Note: Beneficiaries section only applies to guaranteed benefits (Period Certain, Lump Sum(s), Life with Certain
payments),
9. Failure to Satisfy Section 130(d), If at any time prior to completion of the Periodic Payments, the Settlement
Agreement is declared terminated Ina final, non -appealable order of a court of competentjurisdietion (or in the
case of a workers' compensation settlement, a final order of the applicable workers' compensation authority) or
if It Is determined in any such final order that the requirements of Section 130(c) of the Code have not been
satisfied in connection with this Agreement: (1) the assignment by Assignor to Assignee of the (facility to make
the Periodic Payments, Assignee's acceptance of such assignment and the release by Claimant(s) of
Assignor's liability shall be of no force or effect; (11y Assignee shall be conclusively deemed to be acting as the
agent of Assignor; (ill) the Annuity shall. be owned by Assignor, which shall retain the liability to make the
Periodic Payments; (iv) Assignee shall have no liability to make any Periodic Payments; and (v) the parties
hereto agree to cooperate In taking such actions as may be necessary or appropriate to Implement the
foregoing.
10, Goveming Law; Disclosure of Certain Tax Information; Binding Effect
(i) This Agreement shall be governed by and interpreted in accordance with the internal laws of the
State of California? provided, however, that any Transfer of Payment Rights under this
Agreement may be subject to the laws of other states In addition to the state designated above,
(II) This Agreement shall be binding upon the parties hereto and their respective successors, heirs,
executors, administrators and permitted assigns, Including without limitation any party asserting an
Interest in Payment Rights,
10/11 )PL ISS QARI
Page 3 of 6
W26140 -11A
11. Advice, Comprehension of Agreement. In entering into this Agreement, each Claimant represents and
warrants that (i) such Claimant has relied solely upon the legal and tax advice of such Claimant's own attorneys
and other advisors, who are the attorneys and advisors of such Claimant's choice, concerning the legal and
income taxconsequences of this Agreement; and (ii) the terms of this Agreement have been completely read
by end explained to such Claimant and are fully understood and voluntarily accepted by such. Claimant.
12. Description of periodic Payments. The Periodic Payments are as set forth in attached Addendum No. 1,
which is hereby Incorporated In and made a part of this Agreement,
1' In choosing governing law the parties should be aware that the effectiveness 'of both contractual and "legal'
restriction on assignment of rights to receive future Periodic Payments -including (i) contractual restrictions Integral
to the intended tax treatment of periodic payments and the annuities held as qualified funding assets and (iQ
statutes, regulations and "rule(s] of law" prohlbtting, restricting or requiring consent for assignments -may be Ilmlted
(unintentionally) by sweeping override provisions enacted in §§ 9-406 and 9-408 of Revised Article 9 of the Uniform
Commercial Code, ,vhich took effect in most states In July, 2009. Most states have enacted amendments that make
the overrides in §§ 9406 and 9-408 inapplicable to structured settlements; but until appropriate corrective
amendments are in effect nationwide, the parties to a qualified assignment may find it advisable to avoid
designating as governing law the lacy of a state that has not yet enacted such amendments.
10/11 [PL ISS QARJ Page 4 of W26140.11A
This Qualified Assignment and Release Agreement is signed in one or more counterparts as of the Effective
Date by the following:
Assl
By:
Title:
Assignee: Pacific Life & Annuity Services. Inc
By:
Authorized Representative
Title:
Assignee: Pac& Life &Annuity Services Inc
By:
Authorized Representative
Title:
clw mant(s)� MARIA QUINTANILLA A
I
R
70/11 [PL ISS OAR] Page 5 of 6 W26140.11A
Addendum No. I
Description of Periodic; Payments
Payee (1):
Benefit(s): PAYEE: CPT AS TRUSTEE FOR THE BENEFIT OF MARIA QUINTANILL A
$1,500.00 monthly, guaranteed for 151 payments only, commencing 11/1/2017 through and
including 5/1/2030,
Beneficiary: Maria Quintanilla Irrevocable Special Needs Trust
Initlals
Assignor(s):
Assignee:
Assignee:
Clalmant(s): k zg Ck
10/11 CPL ISS QARJ Page 6 of 6 W26140 -11A
RELEASE IN FULL SETTLEMENT AND COMPROMISE
1. I, Maria Quintanilla [hereinafter referred to as "Plaintiff'], the
undersigned, for and in consideration of the sum of four hundred and fifty
thousand dollars ($450,000.00), for myself, my heirs, executors, administrators,
and assigns do hereby remise, release and forever discharge the City of Santa.
Ana and Officer Britain Speakman, their principals, employees, officers,
agents, claims administrators, attorneys and insurers [hereinafter referred to as
"Releasees"], from any and all claims and causes of action by reason of any
injury, damage or civil rights violations, including any and all attorney's fees
and costs, which I have sustained, or may have sustained, as a result of the
events surrounding the detention and shooting of my son Jose Manuel
Quintanilla on February 18, 2016,.as more fully described in the Complaint for
Damages filed by me in the United States District Court — Central District of
California in the matter entitled Maria Quintanilla, etc. v. City of'Santa Ana, et
al., and which bears case number SACV 1.6-1400 JLS (JCx),
2. Except for the obligations arising out of this Release, Plaintiff
does hereby waive, release, acquit and discharge, for all time, all. Releasees of
and from any and all claims, demands, causes of action, liabilities,
controversies and damages whatsoever, of whatever kind _.ornature,_whether_
known or unknown, contingent or liquidated, suspected or unsuspected, which
Plaintiff now owns, holds, haves or claims to have against the Releasees, by
reason of any matter or thing alleged or referred to, directly or indirectly, or in
any way connected with or arising out of all or any of the matters, facts, events,
occurrences, alleged or referred to in the lawsuit identified in this Release or in
any way associated with the alleged 'incident referenced in and/or connected to
the matters at issue in that lawsuit. It is the specific and express intention that
this Release dispose of all of Plaintiff's claims as against the Releasees, and
that the waivers and releases provided in this Release shall constitute, and be
deemed understood and to act, as a full release of all past, present and future
claims that may arise from the herein mentioned matters and issues as set forth
in the recitals hereinabove or alleged or referred to in the litigation.
3. This release and discharge shall apply to the past, present and
future officers, directors, stockholders, attorneys, agents, servants,
representatives, employees, subsidiaries, affiliates, partners, predecessors and
successors in interest, and assigns and all other persons, firms or corporations
with whom any of the former have been, are now, or may hereafter be affiliated
with the Releasees and each of their attorneys, agents, servants, representatives,
employees, subsidiaries, affiliates, partners, predecessors and successors in
interest, and assigns.
4. This release, on the part of the Plaintiff, shall be a fully binding
and complete settlement among the Plaintiff and the Releasees, and their heirs,
assigns and successors and employees.
5. The Plaintiff acknowledges and agrees that the Release and
discharge set forth above is a general release. Plaintiff expressly waives and
assumes the risk of any and all claims for damages which exist as of this date,
but of which the Plaintiff does not know or suspect to exist, whether through
ignorance, oversight, error, negligence, or otherwise, and which, if known,
would materially affect Plaintiff's decision to execute this Release. The
Plaintiff further agrees that Plaintiff has accepted payment of the sums
specified herein as a complete compromise of matters involving disputed issues
of law and fact. Plaintiff assumes the risk that the facts or law may be other
than Plaintiff believes.
6. Payment of the settlement sum identified in Paragraph I will be
made in the form of a check made payable to "Guizar, Henderson & Carrazco
LLP.11
7. It is further understood and agreed that this settlement is the
compromise of a doubtful and disputed claim, and that the payment herein
provided for is not to be construed as an admission of liability, which is
expressly denied.
8. As a further consideration and inducement for this compromised
settlement, the following provisions of California Civil Code section 1542 are
hereby expressly waived:
A general release does not extend to claims which the
creditor does not know or suspect to exist in her favor at
the time of executing of the release, which if known by
him must have materially affected her settlement with
the debtor.
9. I represent that I have not filed any complaints or charges (other
than the Action referenced above) against the Releasees with any local, state or
federal agency or court; and that if any such agency or court assumes
jurisdiction of any complaint or charge against the Releasees and/or their
2-
predecessors, successors, heirs, or shareholders, officers, directors, agents,
police officers, attorneys, subsidiaries, or corporations or organizations,
whether previously or hereafter affiliated in any manner, on behalf of myself,
whenever filed, I will request such agency or court to withdraw and dismiss the
matter forthwith.
10. I acknowledge that I am responsible for any and all liens arising
from, based upon, or relating to the Incident, including without limitation, any
and all MEM -CARE and/or MEDI-CAL liens for injury -related services paid
by the corresponding State programs, plus any and all other liens against me
related to my claims in this action.
11. 1 agree to indemnify and defend the Releasees, their officers,
police officers, agents and employees, against, and will hold and save them and
each of them harmless from, any and all third party actions, suits, claims, liens,
damages to persons or property, losses, costs, penalties, obligations, or
liabilities; including any and all healthcare provider liens, that may be asserted
or claimed by any person, firm or entity against the settlement proceeds being
paid to me under this Release.
12. This release extends and applies to all unknown, unsuspected and
unanticipated injuries and damages, as well as those which are now disclosed,
and the undersigned hereby affirms that she has affixed her signature hereto
voluntarily and of her own free will and accord. This release contains the
entire agreement between the parties hereby and the terms of this release are
contractual and not merely a recital.
13. Should any provision of this Release be declared or 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 part of this Release.
14. Plaintiff represents and warrants that no other person or entity has,
or has had, any interest in the claims demands, obligations, or causes of action
referred to in this Release, except as otherwise set forth herein; that Plaintiff
has the sole right and exclusive authority to execute this Release and receive
the sums specified in it; and that Plaintiff has not sold, assigned, transferred,
conveyed or otherwise disposed of any of the claims, demands, obligations or
causes of action referred to in this Release.
-3-
15. The undersigned does hereby affirm and acknowledge that she has
read the foregoing release, or had it fully explained to her and fully understands
and appreciates the foregoing words, terms, and their effect, and that this is a
full and final compromise, release and settlement of all claims, demands,
actions or causes of actions known or unknown, suspected and unsuspected. In
executing this Release, the Plaintiff represents that she has relied upon the
advice of her attorneys, who are the attorneys of her own choice, concerning
the legal and income tax consequences of this Release; that the terms of this
Release have been completely read and explained to her by her attorneys; and
that the terms of this Release are fully understood and voluntarily accepted by
her.
DATED:/ ✓ `� �" m1 ,e
MARIA QUINLANILLA - Plaintiff
Approved as to form and content:
DATED:� jl j 7—.r % � GUIZAR, HENDERSON fir; CARRAZCO LLP
�C
By:
Humberto Guizar
Kent Henderson
Angel Carrazco
Attorneys for Plaintiff
-4-