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A- 2015 -258A <br />Assumption of Defense and Reservation of Rights Agreement <br />This Assumption of Defense and Reservation of Rights Agreement (the "Agreement ") is <br />entered into by Brian Booker, an individual ( "BOOKER "), and the City of Santa Ana ( "CITY "), <br />RECITALS <br />A. On or about May 21, 2015 and thereafter, the City was served with a lawsuit naming <br />the CITY and BOOKER as defendants. The lawsuit is entitled EDGAR vARGAS- ARZATE v. CITY <br />OF SANTA ANA, et eel., United States District Court Case No. SACV 15 -00572 DOC (JCGx) (the <br />"Lawsuit "), The Lawsuit assert claims against CITY mid all defendants for Excessive <br />Force /Unreasonable Seizure (42 USC section 1983); Municipal /Supervisory Liability for <br />Unconstitutional Customs and Practices (42 USC section 1983); State Civil Rights Violations (Cal. <br />Civ. Code §52.1); Assault and Battery and Negligence. Plaintiffs seek damages against CITY <br />and BOOKER. <br />B. Under California Government Code sections 825 and 995, BOOKER has requested <br />that CITY provide his legal defense in the Lawsuit and signed an authorization of defense <br />providing that the City Attorney's Office was authorized to defend him in this matter, <br />C. The underlying incident which took place on June 20, 2014 is currently under <br />investigation. <br />D. CITY desires and agrees to provide a legal defense of BOOKER in the Lawsuit on <br />the terms and conditions set forth herein. <br />Now, therefore, for good and valuable consideration,, the receipt and sufficiency of which <br />are hereby acknowledged — including, without limitation, the recitals, the covenants, conditions, <br />representations and warranties set forth in this Agreement — the parties hereto agree as follows: <br />Provision of Defense <br />The CITY, at its sole discretion, will select and pay for separate counsel to represent <br />BOOKER in this matter on the condition that BOOKER reasonably and in good faith cooperate in <br />the conduct of BOOKER'S defense with the CITY and understand that the CITY is reserving its <br />rights pursuant to Section 3 of this Agreement. <br />2. Acknowledgements <br />BOOKER acknowledges that he: <br />.A. BOOKER_ has been advised by the CITY that his interests in the Lawsuit conflict <br />with those of the CITY. <br />& Has received from CITY and his current counsel a fbil disclosure of the facts <br />pertaining to present and potential conflicts of interest; <br />C. Has been advised by the CITY to seek independent counsel regarding this <br />Agreement; and <br />