HomeMy WebLinkAboutSUNAHARA, STEPHANIEINSURANCF iNU ( REQUIRED
N-2022-217
WORK MAY PROCEED
CLERK OF THE COUNCIL GENERAL RELEASE OF ALL CLAIMS
AUG 1 12022
( I cc2lta V. J �avldret 5,(49
1. Plaintiff, STEPHANIE SUNAHARA by and through her guardian ad litem Amy
Sunahara, ("SUNAHARA") being of lawful age, for and in consideration of $42,303.34
(FORTY-TWO THOUSAND THREE HUNDRED THREE dollars and THIRTY-FOUR cents),
does hereby and for herself and each of her heirs, executors, administrators, successors, assigns
and partners, release, acquit and forever discharge Defendant CITY OF SANTA ANA,
Defendant ORANGE COUNTY TRANSPORTATION AUTHORITY, and Defendant DEBRA
TURNER and each of their heirs, executors, administrators, successors, assigns, partners,
officers, agents, servants and employees ("Defendants"), from any and all rights, claims,
warranties, demands, debts, obligations, liabilities, actions, damages, costs, expenses, arbitration
rights and other claims whatsoever which she might have asserted against Defendants by reason
of any matter based on, arising out of, or connected with that certain action entitled Stephanie
Sunahara v. Orange County Transportation Authority, e� filed in the Orange County Superior
Court, Central Justice Center, Case No. 20-2020-01126523-CU-PA-CJC. Of the total $42,303.34
settlement, OCTA shall pay $21,151.67 and City of Santa Ana shall pay $21,151.67.
2. Once all signatories herein have signed this release, SUNAHARA shall execute
all documents and undertake all steps necessary to obtain court approval of the settlement.
Thereafter, OCTA and City of Santa Ana will have 30 days to transmit their respective portions
of the settlement to SUNAHARA. Within 3 days of receipt of the funds, SUNAHARA will
dismiss with prejudice all claims against Defendants in the lawsuit entitled Stephanie Sunahara
v. Orange County Transportation Authorityefiled in the Orange County Superior Court,
Central Justice Center, Case No. 20-2020-01126523-CU-PA-CJC, and immediately deliver a
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conformed copy to counsel for Defendants. This Release does not encompass any claims as
between OCTA and the City of Santa Ana.
3. It is understood and agreed by Plaintiff that the facts with respect to which the
foregoing Release is given may hereafter turn out to be other than or different from the facts in
that connection now known to be or believed by Plaintiff to be true, and Plaintiff expressly
assumes the risk of the facts turning out to be different than they now so appear, and agree that
the foregoing Release shall be, in all respects, effective and not subject to termination or
rescission by any such difference in facts and the parties hereby expressly waive any and all
rights they have or may have under Civil Code section 1542, which provides as follows:
"A general release does not extend to claims that the creditor or releasing party
does not know or suspect to exist in his or her favor at the time of executing the
release and that, if known by him or her, would have materially affected his or her
settlement with the debtor or released party."
4. It is understood and agreed that this settlement is a compromise of doubtful and
disputed claims, and that the releases made herein are not to be construed as an admission or
admissions of liability on the part of the Defendants, or any of them, and that the Defendants
deny liability to Plaintiff and intend merely to avoid litigation and to buy their peace. Plaintiff
agrees that she will forever refrain and forebear from commencing, instituting or prosecuting any
lawsuit, action or other proceeding against Defendants , arising out of or in any way connected
with the subject matter of this Release, other than as necessary to enforce the terms of the
release.
5. Sunahara represents and warrants to Defendants that she has not heretofore
assigned or transferred or purported to assign or transfer to any person, firm, corporation,
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association or entity any of the rights, claims, warranties, demands, debts, obligations, liabilities,
action, damages, costs, expenses and other claims whatsoever and Sunahara agrees to indemnify
and hold harmless the Defendants against, without limitation, any and all rights, claims,
warranties, demands, debts, obligations, liabilities, actions, damages, costs, expenses and other
claims, including attorneys' fees, arising out of or connected with any such assignment or
transfer or purported assignment or transfer.
6. Sunahara agrees to satisfy and be responsible for any and all liens and subrogation
claims relating to Sunahara's claims for injury or damages that were or could have been asserted
in that certain case Stephanie Sunahara v. Orange County Transportation Authority et al. filed in
the Orange County Superior Court, Central Justice Center, Case No. 20-2020-01126523-CU-PA-
CJC, and to indemnify, defend and hold harmless Defendants and their attorneys from any
liability, costs, or attorney's fees arising from any such liens or subrogation claims, to the extent
those claims relate to Sunahara's recovery. This clause shall apply to all liens of any type,
including but not limited to liens held by Medicare, Medical, federal or state entities, private
entities and liens for attorney services.
7. All signatories hereto acknowledge that they have been given an opportunity to be
represented by counsel of their own choice in connection with the preparation and execution of
this General Release of All Claims. All signatories hereto acknowledge and represent that they
have read this General Release of All Claims in full and understand and voluntarily consent and
agree to each and every provision contained herein.
8. Sunahara covenants not to sue any of the parties herein released for injuries
claimed or that could have been claimed in the case of Stephanie Sunahara v. Orange County
Transportation Authorityefiled in the Orange County Superior Court, Central Justice Center,
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Case No. 20-2020-01126523-CU-PA-CJC for the subject incident. Sunahara agrees to indemnify
and save Defendants harmless from all further liability, loss, damage and expense, arising
because of said injuries and damages and if necessary in order to save them so harmless, to
satisfy on its behalf and to such extent only any judgment in favor of Sunahara.
9. If Sunahara is entitled to Medicare or Medicaid benefits as of the time this
Agreement is executed, then she agrees to advise Defendants of her entitlement status, in writing,
and Sunahara further represents and warrants that any and all Medicare conditional payments or
Medicaid liens have been fully satisfied as of the date of this Agreement. Sunahara agrees to
fully satisfy and indemnify and hold Defendants harmless from any and all penalties, liens,
conditional payments, demands, and actions in law or equity, or other payments that may be
required if Sunahara's representations as to her entitlements (or lack thereof) to Medicare or
Medicaid benefits is in any way misrepresented.
10. Sunahara agrees to indemnify and hold Defendants harmless from any claims of,
or rights of recovery as a result of any future payment which may be made by Medicare or any
other entity for or on behalf of Sunahara for such future care. Sunahara agrees to hold harmless
Defendants for any loss of Medicare benefits or Social Security benefits Sunahara may sustain as
. a result of this Agreement. In addition, Sunahara agrees to release as part of this Agreement any
right to bring any possible future action sander the Medicare Secondary Payer Statute against
Defendants.
11. It is not the purpose of this settlement agreement to shift responsibility of medical
care in this matter to the Medicare program. Instead, this settlement is intended to resolve a
dispute between Sunahara and Defendants . Sunahara and her counsel have been advised and
fully understand that conditional payments (any benefits paid by Medicare up to the date of
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settlement), if any, are the responsibility of Sunahara, and must be satisfied out of these
settlement proceeds. Sunahara agrees that, while Sunahara is the party ultimately responsible to
satisfy Medicare's lien, if any, that the insurer and its agents shallretain the right to investigate
and negotiate the existence and extent of any Medicare Conditional Payment lien. Sunahara and
her counsel agree to aid in the lien investigation as may be reasonably necessary. Sunahara
agrees to indemnify, defend and hold Defendants harmless from any action by Medicare seeking
payment of past or future medical expenses for Sunahara.
12. Sunahara represents and warrants that the interests of all. potential lienholders
have been taken into account with regard to the settlement.
13. Sunahara further holds Defendants harmless from any claim or lien on her
recovery by any other party including, but not limited to, law firms, attorneys, medical .insurance
carriers, governmental entities, who are interested in or have any claim arising out of the . .
incidents here, and Defendants are hereby released.
.14. Sunahara has been apprised of her right to seek assistance from legal counsel or
directly from the Social Security Administration or other government agencies regarding the
impact this Release may have on Sunahara's current or future entitlement to Social Security or
other governmental benefits. Sunahara acknowledges that acceptance of these settlement funds
may affect Sunahara's rights to other governmental benefits insurance benefits, disability
benefits, or pension benefits.
15. Each of the parties agrees to bear all of their own attorneys' fees and costs arising
out of, connected with or relating to the subject matter of this General Release of All Claims and
hereby specifically and expressly waives all claims, rights and interest of every kind or nature
whatsoever whether provided for by contract, statute or otherwise, for attorneys' fees and/or costs
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connected with, arising out of and/or incurred in connection with the facts, claims and/or rights -
released in and by this General Release of All Claims and/or set forth in any pleadings riled by
any of the parties to this General Release of All Claims and/or arising out of any relationships
between or among the parties prior to the date of this General Release of All Claims.
16. Sunahara further declares and rq)resents that no promise, inducement or
agreement not herein expressed has been made to Sttnahara, and that this General Release of All
Claims contains the entire agreement among the parties hereto and that the terms ofthis General
Release of All Claims are contractual and not a mere recital.
17. The person executing this General Release of All Claims represents and warrants
to the Defendants that the execution and perA ntance of the terms of this Release have been duly
authorized by all requisite corporate, partnership, individual, municipal or other entity
requirements and that said persons have the right, power, legal capacity and authority to execute
and enter into this Release.
k
[CONTINUED ON NEXT PAGhj
07120/2022
AMY SUNAIIARA in her capacity as Guardian Ad Litem Date
For 11laindfTSTI:PIIANIli SUNAIIARA
Plaintiff
—-- __.._ _..
)AS(}N IviUSTICK I)atc
HNecutive Director of l luman Resources
CITY OF SANTA ANA
Defendant
✓!.� 8/5/2022
ORANCiL CfJUN 1 Y 1'RhNbP(}RTATIGN AUTHORITY 1)atc
Defendant
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connected with, arising out of and/or incurred in connection with the facts, claims and/or rights
released in and by this General Release of All Claims and/or set forth in any pleadings filed by
any of the parties to this General Release of All Claims and/or arising out of any relationships
between or among the parties prior to the date of this General Release of All Claims.
16. Sunahara further declares and represents that no promise, inducement or
agreement not herein expressed has been made to Sunahara, and that this General Release of All
Claims contains the entire agreement among the parties hereto and that the terms of this General
Release of All Claims are contractual and not a mere recital.
17. The person executing this General Release of All Claims represents and warrants
to the Defendants that the execution and performance of the terms of this Release have been duly
authorized by all requisite corporate, partnership, individual, municipal or other entity
requirements and that said persons have the right, power, legal capacity and authority to execute
and enter into this Release.
[CONTINUED ON NEXT PAGE]
AMY SUNAHARA in her capacity as Guardian Ad Litem
For Plaintiff STEPHANIE SUNAHARA
Plaintiff
J SON MOSTICK
xecutive Director of Human Resources
CITY OF SANTA ANA
Defendant
ORANGE COUNTY TRANSPORTATION AUTHORITY
Defendant
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1699229.1
Date
Date'
Date
DEBRA TURNER
Defendant
APPROVED AS TO FORM
GARY L. CHAMBERS, ESQ.
CHAMBERS & NORONHA
Attorneys for Plaintiff, STEPHANIE SUNAHARA
CITY OF SANTA ANA
AND SCHWARZMANN, ESQ.
Attorney for Defendant,
CITY OF SANTA ANA
DOUGLAS J. LIEF, ESQ.
WOODRUFF, SPRADLIN & SMART, APC
Attorneys for Defendants,
ORANGE COUNTY TRANSPORTATION AUTHORITY, a
public entity, and DEBRA TURNER, an employee of
ORANGE COUNTY TRANSPORTATION AUTHORITY, a
public entity
ATTEST:
Dated:
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1699229.1
Date
Date
July 21, 2022
Date
Date
CITY OF SANTA ANA, a charter law city and
municipal corporation, duly organized and existing
under the Constitution and laws of the State of
California
I�
Daisy Gomez, Clerk of the Council
N-2022-217
ZBTURNER
Defendant
APPROVED AS TO FORM
GARY L. IIA :RS, ESQ.
CH B S & NORONIIA
Att meys for Plaintiff, STEPIiANII: SUNAIIARA
CITY OF SANTA ANA
SANDRA SCHWAR"LMANM ESQ.
Attorney for Defendant,
CITY OF SANTA ANA
DOUGLAS J. LIED, ESQ.
WOODRUFF, SPRADI.IN & SMART, APC
Attorneys for Defendants,
ORANGE COUNTY TRANSPORTATION AUTHORITY, a
public entity, and DEBRA TURNF,R an employee of
ORANGE COUNTY TRANSPORTATION AUTHORITY, a
public entity
�i
Date
Date
Date
8-10-22
Date
ATTEST: CITY OF SANTA ANA, a charter law city and
municipal corporation, duly organized and existing
under the Constitution and laws of the State of
California
Dated: ?ill
12y
By:
.W Daisy Gomez; Clerk the Council
I (,992291