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INSURANCE NOT REQUIRED
<br />WORK MAY PROCEED
<br />CITY CLERK
<br />N-2023-228
<br />DATE:
<br />0: coo (n) Assumption of Defense and Reservation of Rights Agreement
<br />( 5, W ; t I1AiNS� 6a This. Assumption of Defense and Reservation.of Rights Agreement (the "Agreement") is entered
<br />into by David Guzman; an individual ("Guzman"), and the City of Santa Ana ("City").
<br />RECITALS
<br />A. Guzman was an employee of the City and held the position of a law enforcement officer.
<br />c�
<br />N
<br />- r B. On August 28, 2018, a Complaint was filed in the United States District Court, Case No.
<br />8:18-cv-01537-DOC-ADS, entitled, Rogello Reyes v. City of Santa Ana, Kameron
<br />Henderson, Matthew D. Wharton, David Guzman; Justin L. Collins, Jonathon Perez, Anh
<br />Tits S. Phan, Kenneth Gray, Daniel Carrillo, DOES I through 10. The Complaint
<br />alleged civil rights violations and is no longer pending.
<br />C. On January 22, 2020, a Complaint was filed in the United States District Court, Case No.
<br />8:20-CV-00071 DOC(ADSx), entitled, Lorena. Reyes v. City of Santa Ana, Kameron
<br />Henderson, Matthew D. Wharton, David Gurtnan, Justin L. Collins, Jonathon Perez, Anh
<br />Tu S. Phan, Kenneth Gray, Daniel Carrillo and DOES I through 10; The Complaint
<br />alleges unlawful / unreasonable seizure of a person, excessive / unreasonable use of force
<br />on a person, unreasonable / unlawful envy into and search and seizure of a private
<br />residence, and a violation of fourth amendment rights.
<br />D. On or about August 27, 2021, s Complaint was filed in the Orange County Superior
<br />Court, Case No. 30-2021-0.1218405-CU-CR-CJC, entitled, Rogelio Reyes v. City of Santa
<br />Ana, Kameron Henderson, Matthew D. Wharton, David Guzman, Justin L. Collins,
<br />JonathanL. Collins, ,Tnathon Perez, Anh TuS Phan, Kenneth Gray, Daniel Carrillo
<br />and DOES 1 through 10. The Complaint alleges false arrest / false imprisonment.
<br />E. Under California Government Code sections 825 and 995, Guzman previously agreed to
<br />allow the City to provide Guzman with a legal defense in the lawsuits mentioned above
<br />(the. "Lawsuits"), and signed an authorization of defense providing that the City
<br />Attorney's Office was authorized to defend him in the Lawsuits.
<br />F. On May 9, 2023, a Complaint was filed in the Orange County Superior Court, Case No.
<br />30-2023-01323955-CU-OE-CJC, entitled, David Guzman v. City ofSanta Ana, a
<br />Municipal Corporation; Santa Ana Police Department, a public safety department;
<br />DOES 1-X.
<br />G. 'The City has since determined that there is a potential conflict and/or an. actual conflict of
<br />interest between Guzman and the City which warrants that separate counsel be provided
<br />to Guzman for his representation in the Lawsuits.
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