MARK WALDO V CITY OF SANTA ANA - Laserfiche WebLink

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INSURANCE NOT REQUIRED WORK MAY PROCEED A-2022-017 CLERK OF COUNCIL DATE: SETTLEMENT AGREEMENT AND RELEASE OF CLAIM FOR ATTORNEY FEES D.GA��SWZcgE Ua;r� iSAND �COSTS UNDER GOVERNMENT CODE SECTION 6259(d) This Settlement Agreement and Release of Claim for Attorney Fees and Costs Under Government Code section 6259(d) ("Agreement") is made and entered into solely by and between o BRIAN HEIDER ("Defendant," "Cross -Complainant," "Cross -Petitioner" or "HEIDER"), and CITY OF SANTA ANA ("Defendant/Respondent," "Cross -Defendant," "Cross -Respondent" or d' "CITY"). RECITALS: y WHEREAS, MARK WALDO ('Petitioner," 'Plaintiff," "Cross -Defendant" or "WALDO" herein) filed a Petition for Writ of Mandate ("Writ') and Complaint for Declaratory Relief against CITY and HEIDER in the Superior Court of the State of California, County of Orange, Central Justice Center District ("Court") known as MARK WALDO v. CITY OF SANTA ANA, BRIAN HEIDER, and DOES 1 to 50, inclusive, Case No. 30-2019-01120806-CU- WM-CJC (the "Action") seeking to prevent the City from disclosing certain records to HEIDER requested under the California Public Records Act. WHEREAS, HEIDER filed a Cross -Complaint for Declaratory Relief and Cross -Petition for Writ of Mandate against WALDO and CITY in the Action seeking a writ under Government Code section 6258 commanding CITY to disclose the certain records HEIDER requested. WHEREAS, on June 24, 2021, the Court granted Heider's cross -petition for a writ of mandate against CITY and ordered the City to produce certain records requested by HEIDER pursuant to his California Public Records Act request in the Action. WHEREAS, on or about October 8, 2021, HEIDER, through his attorney of record, brought a Motion for Attorney Fees in the Action against CITY under Government Code section 6259(d) and against WALDO under Code of Civil Procedure section 1021.5. WHEREAS, CITY and HEIDER (collectively, the "Parties"), desire to settle fully and finally HEIDER's claim in the Action only for attorney fees and costs under Government Code section 6259(d) against CITY. NOW, THEREFORE, it is hereby agreed by and between the Parties as follows: 1. Each party will exchange a fully signed executed copy or original of this Agreement. HEIDER's counsel, Robert Lucas Law PC, agrees to provide a W-9 to CITY for processing of settlement payment. CITY cannot proceed with processing payment without a fully executed copy of this Agreement and a W-9 from HEIDER's counsel, Robert Lucas Law PC. 2. The Parties agree to settle HEIDER's Motion for Attorney Fees under Government Code section 6259(d) against CITY on the following terms: a. Without taking HEIDER's pending Motion for Attorney Fees off -calendar or withdrawing the Motion entirely, HEIDER agrees to file with the Superior Court in this Action a Notice of Partial Withdrawal of Motion for Attorney Fees ("Withdrawal Page 1 of 4