HomeMy WebLinkAboutNICOLE QUIJAS AND BRANDON SONTAG SETTLEMENT AGREEMENTINSURANCE NOT REQUIRED
WORK MAY PROCEED
CLERK OF COUNCIL
A-2018-119
6-, Al—ls ETTLEMENT AGREEMENT AND RELEASE
This settlement agreement and release ("Agreement") is made by and between
` oc� WvV'° �` e`following parties: NICOLE QUIJAS ("QUIJAS"), BRANDON SONTAG ("SONTAG"),
(collectively referred to as "OFFICERS"), SANTA ANA POLICE OFFICERS
ASSOCIATION ("SAPOA") and the CITY OF SANTA ANA ("THE CITY"), SANTA ANA
POLICE DEPARTMENT (DEPARTMENT) and CARLOS ROJAS ("ROJAS'), collectively
the CITY, DEPARTMENT and ROJAS are referred to as DEFENDANTS. All parties
herein are collectively referred to as "AGREEING PARTIES".
RECITALS
A. WHEREAS, in May 2015, the OFFICERS were involved in the service of a
search warrant at a marijuana dispensary that gave rise to allegations that members of
the Santa Ana Police Department (SAPD) committed misconduct. SAPID initiated an
investigation into the allegations.
B. WHEREAS, during the administrative investigation, the SAPOA, on the
OFFICERS behalf,brought a lawsuit alleging certain violations of their rights under the
Public Safety Officers Procedural Bill of Rights Act and Penal Code §632 and 637.2.
The CITY denied all liability. This litigation is referred to as Santa Ana Police Officers
Association, et al. v. City of Santa Ana, et al., Orange County Superior Court Case No
30-2015-00801604-CU-OE-CJC and California Court of Appeal Case No. G053126.
C. WHEREAS, in or about April 2016, the Chief of Police terminated the
OFFICERS based on alleged misconduct and the OFFICERS filed requests for
administrative appeals before the Santa Ana Personnel Board.
D. WHEREAS, QUIJAS filed a second lawsuit claiming additional violations of
her rights under the Public Safety Officers Procedural Bill of Rights Act and the California
Labor Code. The CITY denied all liability. This litigation is referred to as Nicole Quijas
v. City of Santa Ana, et al., Orange County Case No. 30-2016-00850502-CU-OE-CJC. .
E. WHEREAS, SONTAG, prevailed at his Personnel Board hearing, and
was ordered reinstated. The CITY appealed that decision, but later withdrew its Petition
for Writ of Mandate SONTAG believed that the CITY and others violated additional
rights under state and federal law, and filed legal action against the CITY. This
litigation is referred to as Brandon Sontag v. City of Santa Ana, et al., Orange County
Case No. 30-2017-00902039-CU-OE-CJC.
F. WHEREAS, the OFFICERS allege that she/he/they suffered damages as a
result of the subject incident. The CITY denies all liability.
G. WHEREAS, the Agreeing Parties each recognize that the dispute and any
subsequent litigation as between themselves requires substantial time, effort and
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expenses unless the various disputes, prospective complaints and appeals are settled
and terminated between them at this time and each desire to resolve all claims, disputes,
and issues between them concerning issues arising out of and/or relating to the above
actions and subject incident referenced above.
H. WHEREAS, each Agreeing Party disputes each and every claim and
allegation asserted by the other in the above actions, and contend that the other Agreeing
Party is not entitled to any damages or recovery from them whatsoever. Liability is
expressly denied by the Agreeing Parties with respect to the allegations asserted against
them.
I. WHEREAS, released in this Agreement are any and all past and present
claims, demands, obligations, and/or causes of action for compensatory or punitive
damages, injuries, costs, losses, expenses, attorneys' fees, investigative expenses,
whether based on tort, contract or other legal equitable theories of recovery, against the
Agreeing Parties, including their respective representatives, predecessors, and
successors in interest, heirs, assigns, and their past and present principals, officers,
directors, shareholders, servants, members, partners, subsidiaries, affiliated companies,
agents, independent contractors, employees, employers, assignees, devisees, attorneys,
and insurers arising from the subject listed in the above referenced action. Agreeing
Parties agree that this compromise and settlement shall constitute a bar to all such
claims, demands, obligations, or causes of action, potential or otherwise, except as
specifically outlined in the Reservation of Rights section of this Agreement.
I WHEREAS, it is the intent of the Agreeing Parties to fully and finally resolve
any and all claims, charges, allegations (known or unknown, suspected or unsuspected)
arising out of, from or in any way related to the subjects listed in the above referenced
actions.
II. REPRESENTATIONS OF THE PARTIES
The Agreeing Parties represent as follows:
A. That each expressly has the authority to execute this Agreement, and that
this Agreement as so executed shall be binding upon its successors and assigns; and
B. That the representation set forth above shall endure forever and shall
survive the execution of this Agreement and the settlement and dismissals of the subjects
in the above referenced actions.
iii. AGREEMENT AND RELEASE
NOW, THEREFORE, in consideration of the foregoing, the following respective
provisions, promises, and covenants, the Agreeing Parties hereto agree and release as
follows:
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A. Payment: CITY OF SANTA ANA, shall pay to the Client Trust Account for
the Law Office of Corey W. Glave the total sum of three hundred seventy thousand dollars
($370,000.00), within twenty (20) days of the date upon which the Settlement Agreement
is fully executed by the parties, to cover all damages, statutory penalties, costs and
attorney fees in pending litigation against the DEFENDANTS. After said payment is
received by counsel for the OFFICERS, counsel of record for the Agreeing Parties shall
immediately file Notices of Settlement in the above referenced actions.
B. Additional Terms of Settlement: The Parties hereby agrees as follows:
1. Officer Brandon Sontag's reinstatement to his position as police
officer with the Santa Ana Police Department with no loss of benefits or seniority will
become permanent. The ancillary duty of Defensive Tactic Instruction removed from
Sontag will be reinstated. Sontag shall not be required to serve any suspension hours,
and to the extent already he already served said hours, he will be reimbursed for said time
through the payment required in section A, above;
2. Officer Nicole Quijas' reinstatement to her position as police officer
with the Santa Ana Police Department with no loss of benefits or seniority will become
permanent. Quijas shall not be required to serve any suspension hours, and to the extent
already he already served said hours, she will be reimbursed for said time through the
payment required in Section A, above;
3. The underlying investigation and discipline, as set forth in Internal
File: PSU 2015-0052, shall not be used for any personnel purposes against the
OFFICERS;
4. The City of Santa Ana and Santa Ana Police Department, and their
agents, representatives, attorneys, or anyone acting on their behalf, shall maintain all
copies of PSU 2015-0052 in a confidential status and shall not disclose any information
from PSU 2015-0052 unless pursuant to California Penal Code Section 832.7(a), a valid
Court Order, a waiver by the employee, or other lawful government process requested by
a government or law enforcement agency. As required by California Penal Code Section
832.5(b), PSU 2015-0052 shall be retained for five years after the date of the incident, to
wit, May 26, 2015. After the conclusion of the five year period, PSU 2015-0052 shall be
purged as governed by CITY and DEPARTMENT destruction policies, court orders, and
all applicable law, unless a Court order forbids the City from purging PSU 2015-0052.;
5. The Santa Ana Police Department agrees to meet with counsel for
the SAPOA and the OFFICERS to discuss modification of the DEPARTMENT's
administrative investigation procedures and policies to insure that a) officers, both
witnesses and focus officers (as those terms are used by the Santa Ana Police
Department) are informed of the full nature and scope of internal affairs investigation in a
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reasonable time prior to their interrogation; b) officers are immediately advised of their
constitutional rights whenever, whether prior to or during the interrogations, it is deemed
that the officer may be charged with a criminal offense; c) officers are provided copies of
the documents set forth in Government Code § 3303(g) , if after their first interrogation
any further proceedings are contemplated or prior to any further interrogation at a
subsequent time; d) that officers are provided all evidence obtained during administrative
investigations; and, generally, Government Code §3300, et seq., is complied with.
6. After the terms set forth in Paragraphs A, B(1) and B(2), above, are
complied with, the OFFICERS and the Santa Ana Police Officer's Association in each of
the civil actions shall dismiss their actions with prejudice;
C. RELEASE in exchange for the above agreement, except for any rights or
obligations created by this Agreement, each Agreeing Party for itself, its shareholders,
assigns, successors in interest, agents, employees, partners, attorneys, executors,
insurers, lienholders, administrators, and representatives (collectively "Releasing
Parties") hereby releases, holds harmless, acquits and forever discharges each other
Agreeing Party, its insurer, its respective assigns, heirs, executors, administrators,
successors, agents, owners, independent contractors, businesses, corporations,
partnerships, consultants, employees, managers, attorneys, insurers, employees,
maintenance personnel, principals, and affiliates ("Released Parties"), from any and all
claims, charges, administrative allegations, causes for discipline, demands and/or
causes of action asserted or which could have been asserted in the above referenced
actions or in any way arise out of the subject incident, including but not limited to, any and
all claims arising out of or from demands, actions, liens, causes of action, injuries,
damages, losses, expenses, costs, attorneys' fees, expert fees, and/or other claims
whatsoever based in law, tort, policy or in equity, which Releasing Parties may have
against the Released Parties, known or unknown, suspected or unsuspected, existing or
not existing. This release includes all issues pertaining to any and all acts, omissions,
nonfeasance and misfeasance of the Released Parties, if any, arising out of, from or in
any way relating to the subject Actions and/or the subject incident.
D. CIVIL CODE § 1542 WAIVER: Agreeing Parties acknowledge and
understand that the Releases in this Agreement extend to all claims of any nature and
kind, known and unknown, suspected or unsuspected, anticipated or unanticipated,
arising in connection with the above referenced actions and the subject matter of the
investigation, discipline, litigation, and/or appeals. Agreeing Parties acknowledge and
understand that there is a risk that now or subsequent to the execution of this Agreement,
it may have claims arising out of or related to the Action or the subject incident set forth
above which are unknown and unanticipated at the time this Agreement is signed, and
that any claims as are known or should be known may become more serious than they
now expect or anticipate. Other than the obligations referenced herein, Agreeing Parties
WAIVE ALL RIGHTS they may have in such unknown and unexpected claims,
consequences or results. Further, each party acknowledges that they have been
informed by their respective attorneys of record, or had the opportunity to seek the advice
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of independent counsel, and that they are familiar with Civil Code § 1542, which provides
as follows:
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS
OR HER SETTLEMENT WITH THE DEBTOR.
E. Maintenance of Records: The CITY OF SANTA ANA, its agents,
representatives and attorneys may maintain the internal affairs investigation and
disciplinary file consistent with the provisions of this agreement.
F. Cost/Fees: All Agreeing Parties to this Agreement and Release shall,
except as provided for above, bear their own attorneys' fees and costs.
IV. WARRANTIES AND ACKNOWLEDGMENTS
A. Code of Civil Procedure §§ 664.6 & 664.7: The Agreeing Parties do
hereby agree that each has the right to enforce this Agreement, or any provision thereof,
by filing any appropriate motion or proceeding, including, without limitation, a motion
pursuant to Code of Civil Procedure §§ 664.6 & 664.7, in the appropriate law and motion
department of the Orange County Superior Court where the Action is venued. The
Agreeing Parties further agree, acknowledge and stipulate that the Court in the above
referenced actions shall retain jurisdiction over the Agreeing Parties to determine any
motion brought pursuant to Code of Civil Procedure §§ 664.6 & 664.7.
B. No Admissions: This Agreement is made as part of the compromise and
settlement of disputed claims, and no action taken by Agreeing Parties, either previously
or in connection with this compromise and settlement, shall be deemed or construed to be
an admission by Agreeing Parties of any fault or liability whatsoever in connection with
any matter or thing. Nothing contained in or referred to in this Agreement shall be
deemed to constitute an admission of liability nor responsibility, and it is recognized that
this Agreement and the promises, covenants and conditions set forth herein as entered
into by the parties hereto are for the purpose of avoiding the time and expense of
continued litigation. Liability and responsibility are expressly denied.
C. No Prior Assignments: The Agreeing Parties represent and warrant that
she/he/it/they is/are the sole owner of the claims released and that such claims have not
been expressly or impliedly assigned, transferred, and/or subrogated to any other person
or entity.
D. Adequate Inquiry: Each Party to the Agreement represents and warrants
that prior to executing the Agreement, he/she/it/they has/have made such inquiries,
consulted such persons, and reviewed such documents as it deemed appropriate to enter
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into this Agreement and to consummate the transactions contemplated herein. Each
Party to the Agreement further represents and warrants that she/he/it/they have had
adequate time, as provided under the law, to consider this agreement.
E. Consultation With Counsel: Each Party acknowledges that he/it has been
represented by counsel and has received independent legal advice regarding the
negotiation and execution of the Agreement. Each Party agrees that any rule of
interpretation or construction to the effect that ambiguities are to be resolved against the
drafting party shall not be employed in the interpretation, construction or enforcement of
the Agreement.
F. Interpretation: The interpretation, construction, and performance of this
Agreement, and the rights and remedies of the Parties hereunder, shall be governed by
the provisions of the laws of the State of California, without regard to principles of conflicts
of laws.
G. No Admission of Liability: Nothing in the Agreement or any negotiations
or proceedings in connection therewith shall constitute or be deemed or claimed to be
evidence of an admission of any liability by any Party, or of the merit or lack of merit of any
claim or defense of any Party. All communications (whether oral or in writing) between
and/or among the Parties, their counsel and/or their respective representatives relating
to, concerning or in connection with this Agreement, or the matters covered herein, shall
be governed and protected in accordance with Rule of Evidence regarding settlement
discussions/negotiations to the fullest extent permitted by law.
H. Prevailing Party Fees: Each of the Parties shall bear their own costs
associated with the negotiation, implementation and enforcement of this Agreement,
provided, however, that in the event that the any party hereto brings an action to enforce
this Agreement, then the prevailing Party in any such enforcement action shall be entitled
to seek reasonable attorney's fees and related costs; provided further, however, that if a
party brings an enforcement action, it shall not be entitled to prevailing party attorney's
fees unless it gave the other party 30 -days prior written notice of its intent to bring the
action and an opportunity to cure during that 30 -day notice period before bringing the
action.
I. Full Agreement: This Agreement sets forth the entire agreement between
the Parties regarding the subject matter covered herein, and supersedes any and all prior
oral or written communications between the Parties regarding the subject matter covered
herein. The Agreement may not be modified or amended except in writing signed by
each Party.
J. Counterparts: This Agreement shall be effective only after all parties
have signed the Agreement in the spaces provided below. This Agreement may be
executed in multiple counterpart copies, each of which shall be deemed an original.
Facsimile or electronic signatures can serve as original signatures.
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A-2018-119
Signed in Counterpart
Nicole Quijas
Date Signed in Counterpart
President, Santa Ana Police Officers
Association
Signed in Counterpart
Approved as to form and content: Attorney for Quijas/Sontag/SAPOA
Page 7 of 7
F
I HAVE READ THE ENTIRE DOCUMENT AND AGITS C NTENTs
Date—'J
:T O/a
Attest: City Clerk: City of Santa Ana
�y Maria D. Huizar
Clerk of the Council
Date
�' 14"'
City Manager, 00 of Santa Ana
Raul Godinez II
City Manager
Date
Signed in Counterpart
Carlos Rojas
n an //V
Approved as to form and content:
Ity Attorney for" ity of sa a A a
Date
Signed in Counterpart
Brandon Sontag
Signed in Counterpart
Nicole Quijas
Date Signed in Counterpart
President, Santa Ana Police Officers
Association
Signed in Counterpart
Approved as to form and content: Attorney for Quijas/Sontag/SAPOA
Page 7 of 7
A-2018-119
CAUTION:DOCUMENT
Data
Date
Date S -/ a /2s)
LTl:}1L+7
Date
Approved as to form and content:
Attest: City Clerk: City of Santa Ana
-di �Manag�erCity 4f §anta -Ana
arlos
Defendant
strand �Sontag
Page 7 of 7
A-2018-119
CAUTION: READ EN'rIRE DOCUPAENT BEFORE SIGNINGGBP-LOWI
I HAVE READ THE ENTIRE DOCUMENT AND AGREE. TO ITS CONTENTS
Date,
Date-.
Date
Approvedas to form and content:
Date
Attest- City Clerk,. City of Santa Ana.
City. Manager, City of Sots Ana
Carlos Rojas
Defendant
City Attorney for City of Santa Ana
Q__
Brindon Sroffitag
N !Cole cidijas
President, 5anta Ana Police Officers
As, siicia#ioh
Approved:as to form and con.tent', Attorney for Quija6JSontag1SAPCA
Page 7 of 7
A-2018-119
,CAVTtONv 'RIP C-0
W,
J HAVE REAQ THE. RNTIR� 0.00U NT ANDAOR155 TO ITS'CONT5NU
Mite
.Date
Approved, as fa farm arrd, content,
Dato--
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Aoorbved� tiyl6ft.,arid: wnitht.
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Defendant
POci� Officers:
Fa9c 7 of 7
A-2018-119
CAUTION: READ ENTIRE DOCUMENT BEFORE SIGNING BELOW.
(..HAVE READ THE ENTIRE DOCUMENT AND AGREE TO ITS CONTENTS
Date
Date
Date
Approved as to form and content:
Date
'Date
Lute i✓i i �0 �:�
Approved as to form and content:
Attest: City Cierk; City of -Santa Ana
City Manager, City of Santa Ana
Carlos Rojas
Defendant'
City Attorney for City of Santa Arra
Brandon. Sontag
Nicole.Qu:ljas
'r den `Santa Ana Police Officers
A Ion n
Attorney
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