CASTREJON, GILBERT (2) - Laserfiche WebLink

Home Browse Search

SETTLEMENT AGREEMENT N-2018-129 This Settlement Agreement and Release ("Agreement") is made as of the date of the last signature below by and between GILBERT CASTREJON, an individual, ("Gilbert Castrejon" or "Plaintiff") on the one hand and the City of Santa Ana ("Santa Ana") and the City of Orange ("Orange") (collectively "Defendants") on the other hand. All parties are referred to collectively as the "Parties" and singularly as "Party." This Settlement is between Gilbert Castrejon, Santa Ana, Orange, and all unnamed/Doe Defendants in the Action identified hereinafter (jointly "Settling Parties"). RECITALS A. Plaintiff filed suit against Defendants on or about July 25, 2017 in the United States District Court, Central District of California, Southern Division, captioned Gilbert Castrejon v. City of Orange, et al. Case No. 8:17-cv-01283. B. Plaintiff alleged false arrest, excessive force, unreasonable search, substantive due process violations, negligence, battery, and false imprisonment arising out of a felony car stop by Defendants on or about August 12, 2016 (the "Incident") near the intersection of McFadden Ave. and Riverview Marketplace in the City of Santa Ana (the "Incident Location"). C. The Parties wanting to resolve all differences of any and all nature arising out of and/or pertaining to the Action and Incident as well as the various issues arising therefrom agree as set forth below. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the Parties, the Parties agree as follows: PAYMENTS AND CONSIDERATION. In consideration for the releases and waivers contained herein, the Settling Parties have agreed to resolve this matter as follows: (a) the payment by the City of Orange for the sum of $60,000.00 (Sixty Thousand Dollars and No Cents) (the "Settlement Funds"). Settlement Funds shall be made payable to "Gilbert Castrejon and MK Smith, APC"; and (b) Plaintiff acknowledges and agrees that the City of Santa Ana is paying zero dollars to the Plaintiff to resolve the action; and (c) the waiver of any and all attorneys' fees and costs of suit by each of the Parties against each of the Parties as provided in Paragraph 12 below.