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JALOMO, CANDELARIO
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Last modified
11/26/2024 10:29:07 AM
Creation date
11/26/2024 10:29:06 AM
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Contracts
Company Name
JALOMO, CANDELARIO
Contract #
N-2024-374
Agency
City Attorney's Office
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Docusigro Envelope ID:0CF3954D-0089-4C2A-a2C7-6EF99C030D33 <br />• <br /> 1.3 Plaintiff agrees to take its Motion for Attorney's Fees off calendar and Defendant <br /> agrees to take its Motion to Strike and/or Tax Costs off calendar. A Notice of Settlement shall be <br /> filed with the Orange County Superior Court by Plaintiffs counsel as set forth infra in section 2.2. <br /> 2.0 Benefits and Obligations <br /> In consideration of the release and discharge set forth above, the Parties will agree to the <br /> following: <br /> 2.1 Payment <br /> The City of Santa Ana or its joint liability pool and/or its excess carrier will pay Plaintiffs <br /> counsel $1,325,000.00 for attorney's fees and $50,000.00 for costs ("Settlement Amount") in <br /> checks made payable to "gager & Yoon — Employment Lawyers Client Trust Account." This <br /> payment will be made no later than January 17, 2025, This Settlement Amount paid resolves the <br /> Lawsuit. Plaintiffs Counsel agrees to provide a W-9 as a condition of payment. In the event a <br /> taxing authority, local State,Federal or otherwise, deems the payment to Plaintiffs attorneys to be <br /> a taxable transaction, Plaintiff's counsel agrees to fully indemnify Defendant for failure to pay <br /> taxes owed by them as a result of the payments made pursuant to this Agreement. <br /> 2.2 Acknowledgment of Satisfaction of Judgment <br /> Plaintiffs counsel shall file a Notice of Settlement upon receipt of this fully executed <br /> agreement and shall file anAcknowledgment of Satisfaction of Judgment within live (5) business <br /> days of receipt of the settlement payment under Section 2.1. <br /> 3.0 Admissibility of Agreement <br /> The Parties hereby stipulate and agree that the Orange Superior Court may retain <br /> jurisdiction for purposes of entering judgments based on the terms of the Agreement, should that <br /> • be necessary, and further, that this Agreement is admissible for the purposes of proving up and or <br /> enforcing the terms of the Parties' Agreement, as set forth herein,pursuant to California Evidence <br /> Code Section 1123 and California Civil Code Section 664.6. The prevailing party in a motion to <br /> enforce the Agreement is entitled to recover reasonable attorneys' fees and costs. <br /> 4.0 Consultation with Counsel <br /> The Parties, and each of them, acknowledge that they have been represented in the <br /> preparation and execution of this Agreement by independent legal counsel of their own choice, <br /> 3 <br />
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