HomeMy WebLinkAboutRUIZ, AUGUSTINE AND ARZOLA, RAYMUNDO 1fr`i`ll! iMCE [v()T i1Efl.iiflW
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( tLK c f GflUNC,II WAIVER AND RELEASE OF CLAIMS
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This WAIVER AND RELEASE OF CLAIMS ("Release") is entered into by and between
Augustine Rux'and Raymundo Arzola (collectively, the "Plaintiffs"), on the one hand, and the
City of Santa Ana, a California municipal corporation ("City"), ori the other hand. Plaintiffs and
City may be referred to individually as the "Party" or jointly as the "Parties".
RECITALS
WHEREAS, the City imposes a Utility Users Tax ("UUT") on certain telephone service;
WHEREAS, Plaintiffs are residents of the City and purportedly paid the UUT for cellular
telephone service;
WHEREAS, on May 6, 2014, Plaintiffs served a claim on the City alleging it improperly
collected UUT with respect to certain telephone customers in violation of Proposition 62 and
Proposition 218;
WHEREAS, after the City rejected Plaintiffs' claim, Plaintiffs filed a complaint against
the City on July 29, 2014, and a Past Amended Complaint on November 25, 2014, initiating the
instant "Litigation" (Ruiz et al. a City ofSania Ana, Orange County Superior Court Case no. 30-
2014-00736828-CU-MC-CXC).
WHEREAS, as part of the Litigation, Plaintiffs sought a refund of all UUT payments on
behalf of a putative class consisting of all individuals and corporations who paid the UUT on
cellular, long distance landline, and bundled services from 2003 to November 3, 2014;
WHEREAS, the Parties have agreed that Plaintiffs will dismiss this Litigation and waive
their individual claims against the City in return for the City's waiver of any claim for costs
against Plaintiffs.
NOW, THEREFORE, in consideration of the above recitals, the mutual promises and
conditions contained in this Release, and for other valuable consideration, receipt of which is
hereby acknowledged, the Parties agree as follows:
I. Waiver of Claims. Plaintiffs hereby release and forever discharge the City and its
assigns, successors -iii -interest, officers, employees, partners, employers, agents, servants,
accountants, attorneys, insurers, sureties, representatives, and all other persons acting for or on
its behalf, past and present, of and from any and all claims, demands, actions, causes of action,
obligations, damages, liabilities, loss, cost or expense, including attorney fees and costs of any
kind or nature, whatsoever, past or present, ascertained or unascertained, whether or not now
known, suspected or claimed, against the City relating to or arising out of the Litigation, with the
exception of the representations, agreements, covenants, promises and consideration set forth in
this Release. In consideration of Plaintiffs' waiver and promises set forth in this Release, the City
waives all claims for costs arising from the Litigation against Plaintiffs.
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2. Plaintiffs' Dismissal of tete Litigation.Plaintiffs agree to dismiss the Litigation
with prejudice either via oral motion to the Court or, if the Court prefers, via execution of a Joint
Motion to Dismiss requesting the Court approve the dismissal of the Litigation pursuant to the
terms of this Release.
3. Oalifarnia Civil Code Section 1542 Waived With respect to Paragraph I above, the
Parties expressly waive the application of and rights under section 1542 of the California Civil
Code. This statute reads as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES
NOT KNOW OF OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY
AFFECTED HTS/HER SETTLEMENT WITH THE DEBTOR."
The Parties acknowledge that its representatives have read all of this Release, including the
above Civil Code, and that the rights and liabilities being waived are fully understood.
4. Costs and Attorneys' Fees. The Parties agree to bear their own costs and
attorneys' fees incurred to date in the course of this Litigation.
5. Entire Agreemexn. This Release constitutes the entire understanding and
agreement between the Parties with respect to the settlement and release of claims in the
Litigation, and supersedes any and all prior or contemporaneous oral or written representations,
understandings, agreements or communications between the Parties concerning the subject
matter hereof. The Parties agree that they are not relying upon any warranties, representations,
assurances, or inducements not expressly set forth herein.
6. Amendments. No amendments or other modifications to this Release may be
made except by a writing signed by the Parties.
7. Severability. In the event that any provision of this Release should be found by a
court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity,
legality and enforceability of the remaining provisions contained shall not, in any way, be
affected or impaired thereby.
8. Counterparts. This Release may be executed in counterparts, each of which shall
be deemed an original and all of which shall constitute a single document.
IN WITNESS WHEREOF, each of the Parties causes this Release to be signed and delivered by
its duly authorized representative.
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DATED: October, 2018 By:
AUGUSTINE RUIZ
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DATED: Octobei3l,2018
DATFD: Octobor W 2018
DATED: November C!-, 2018
N-2018-221
By:
RAYMUNDO ARZOLA
By: EgL*
CITY - SANTA A*
Raul 00dinex 11
CIIY Manager
By; ZApp ovedas toFop�i:
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Holly 0.' Whatley,� Esq.
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