HomeMy WebLinkAboutALVARADO, NOEMIN-2023-325
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SETTLEMENT AGREEMENT AND
RELEASE OF ALL CLAIMS
This Settlement Agreement and Release of All Claims (hereinafter "Agreement") is made
and entered into by and between NOEMI ALVARADO (hereinafter "Plaintiff'), and
SAMUEL T. ESPARZA and CITY OF SANTA ANA (hereafter "Defendants").
WHEREAS, Plaintiff filed an action against Defendants in the Superior Court of the State
California, County of Orange, Central Justice Center known as NOEMI ALVARADO v. CITY OF
SANTA ANA, et al., Case No. 30-2023-01339778-CU-PA-CJC (the "Action").
WHEREAS, Plaintiff and Defendants (collectively, the "Parties"), desire to settle fully
and finally all differences between them, including, but in no way limited to, those differences
described above.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained and other good and valuable consideration, receipt of which is hereby acknowledged,
and to avoid unnecessary litigation, it is hereby agreed by and between the Parties as follows:
FIRST: This Agreement and compliance with this Agreement shall not be construed as an
admission by Defendants of any liability whatsoever, or as an admission by Defendants of
any violation of the rights of Plaintiff or any person, violation of any order, law, statute, duty, or
contract whatsoever against Plaintiff or any person. Defendants specifically disclaim any
liability to Plaintiff or any other person for any alleged violation of the rights of Plaintiff or any
person, or for any alleged violation of any order, law, statute, duty, or contract on the part of
any employees or agents of Defendants. Likewise, this Agreement and compliance with this
Agreement shall not be construed as an admission by Plaintiff of any liability, misconduct, or
wrongdoing whatsoever.
(a) Each party will exchange a fully signed executed copy or original of this Agreement.
Defendants cannot process payment without a fully executed copy of the Agreement from
Plaintiff.
(b) Following receipt of, or in exchange for, an executed copy of a Request for
Dismissal form from Plaintiff dismissing this Action with prejudice, Defendants will make
available a check in the amount of Forty -Five Thousand Dollars ($45,000) made payable
"NOEMI ALVARADO AND CARDONA LAW FIRM". This amount represents a full and
complete settlement of Plaintiffs claims for all damages alleged in the Action. The City of Santa Ana
will file the Request for Dismissal following Plaintiffs receipt of the settlement check. Plaintiff and
Defendants agree that this Agreement constitutes full and complete settlement of all claims
made against Defendants in this Action. Plaintiff will not seek any further compensation for
any other claimed damages, costs, or attorney's fees in connection with the matters encompassed
in this Agreement.
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THIRD: Plaintiff acknowledges and agrees that Defendants have made no
representations regarding the tax consequences of any amounts received pursuant to this
Agreement. Plaintiff agrees that he/she and he/she alone is liable for all taxes, if any, which
are owed by his on any amount received hereunder including interest and penalties. Plaintiff will
hold Defendants harmless from any and all claims made by federal, state, or local taxing
authorities regarding amounts owed by Plaintiff.
Plaintiff will likewise hold Defendants harmless from any and all lien holders to whom
Plaintiff incurred medical expenses and will hold Defendants harmless for any medical
expenses owed by Plaintiff.
FOURTH: Plaintiff represents that, with the exception of this Action and the government
tort claim associated therewith and submitted to the City of Santa Ana, he/she has not filed
any complaints, claims, or actions against Defendants including any of its officers, agents,
directors, supervisors, employees, or representatives of Defendants with any state, federal, or local
agency or court and that they will not do so at any time hereafter as it relates to this Action and
that if any agency or court assumes jurisdiction of any complaint, claim, or action against
Defendants on Plaintiff s behalf, Plaintiff will direct that agency or court to withdraw and dismiss
the matter with prejudice.
FIFTH: The parties hereto hereby agree that all rights under Section 1542 of the Civil
Code of the State of California are hereby waived. Civil Code Section 1542 provides as follows:
"A 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."
SIXTII: Notwithstanding the provisions of Civil Code section 1542, each party hereby
irrevocably and unconditionally releases and forever discharges each other party and each and
all of its officers, agents, directors, supervisors, employees, representatives, and its successors
and assigns and all persons acting by, through, under, or in concert with each other party from
any and all charges, complaints, claims, and liabilities of any kind or nature whatsoever, known or
unknown, suspected or unsuspected (hereinafter referred to as 'claim" or 'claims") which each
releasing party at any time heretofore had or claimed to have or which each releasing party at
any time hereafter may have or claim to have, incidental to the incident(s) which form the basis
of the Action.
SEVENTH: Each person signing below represents that he/she has reviewed all aspects of
this Agreement, that the Agreement has been carefully read and fully explained to them and that
they understand every provision of this Agreement, that they understand that in agreeing to
this document they are releasing each party hereby from any and all claims they may have against
each party released, that they voluntarily agree to all the terms set forth in this Agreement,
that they knowingly and willingly intend to be legally bound by the same, that they were
given the opportunity to consider the terms of this Agreement and had the opportunity to
discuss this Agreement with legal counsel. Each party hereby warrants they have the authority
to enter into this Agreement and bind the party for whose benefit they execute this Agreement.
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LIGHT : The Parties represent and acknowledge that in executing this Agreement they
do not rely and have not relied upon any representation or statement made by another party or by
another parties' agents, attorneys, or representatives with regard to the subject matter, basis, or
effect of this Agreement or otherwise, other than those specifically stated in this Agreement.
INTH: This Agreement shall be binding upon the Parties upon their heirs, administrators,
representatives, executors, predecessors, successors, and assigns, and shall inure to the benefit of
said parties and each of them and to their heirs, administrators, representatives, executors,
predecessors, successors, and assigns.
TENTH: Should any provision of this Agreement be declared or be determined by any
court of competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, and
enforceability of the remaining parts, terms, or provisions shall not be affected thereby, and said
illegal, unenforceable, or invalid part, term, or provision shall be deemed not to be a part of this
Agreement.
EL X +NTII: This Agreement sets forth the entire agreement between the parties hereto
and fully superscdcs any and all prior agreements or understandings, written or oral, between the
parties hereto pertaining to the subject hatter hereof.
TWELFTH: This Agreement shall be interpreted in acomdance with the plain meaning of
its terms and not strictly for or against any of the parties hereto.
THIRTEENTH: This Agreement may be executed in counterparts, secured via e-mail,
facsimile transmission or otherwise, each of which shall be deemed to be an original. Photocopies
of any executed counterpart shall have the same force and effect as an original.
PARTIES:
in "
Dated: 11/20/2023
Defendants
Dated:
NOEMIALVARADO
Plaintiff
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
M
Steven A. Mendoza Acting City Manager
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EIGHTH: The Parties represent and acknowledge that in executing this Agreement they
do not rely and have not relied upon any representation or statement made by another party or by
another parties' agents, attorneys, or representatives with regard to the subject matter, basis, or
effect of this Agreement or otherwise, other than those specifically stated in this Agreement.
NINTH: This Agreement shall be binding upon the Parties upon their heirs, administrators,
representatives, executors, predecessors, successors, and assigns, and shall inure to the benefit of
said parties and each of them and to their heirs, administrators, representatives, executors,
predecessors, successors, and assigns.
TENTH: Should any provision of this Agreement be declared or be determined by any
court of competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, and
enforceability of the remaining parts, terms, or provisions shall not be affected thereby, and said
illegal, unenforceable, or invalid part, term, or provision shall be deemed not to be a part of this
Agreement.
ELEVENTH: This Agreement sets forth the entire agreement between the parties hereto
and fully supersedes any and all prior agreements or understandings, written or oral, between the
parties hereto pertaining to the subject matter hereof.
TWELFTH: This Agreement shall be interpreted in accordance with the plain meaning of
its terms and not strictly for or against any of the parties hereto.
THIRTEENTH: This Agreement may be executed in counterparts, secured via e-mail,
facsimile transmission or otherwise, each of which shall be deemed to be an original. Photocopies
of any executed counterpart shall have the same force and effect as an original.
PARTIES:
Plaintiff
NOEMIALVARADO
Plaintiff
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: By:
1//Y.al
Thomas R. Hatch, Interim City Manager
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ATTEST: CITY OF SANTA ANA, a charter law city and municipal
corporation, duly organized and existing under the
ConstitutUdlahe S toofCaliforniDated: 130123 gy/,' Alerlc of the Council
APPROVED AS TO FORM:
11/21/2023
CARDONA LAW FIRM
t � V
Christian O. Cardona
Attorneys for Plaintiff
Noemi Alvarado
SONIA R. CARVALHO
City Attorney
City of Santa Ana
Dated:
Sandra M. Flores
Senior Assistant City Attorney
Attorneys for Defendants
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ATTEST:
Dated: NOV 3 0 2023
APPROVED AS TO FORM:
Dated:
CITY OF SANTA ANA, a charter law city and municipal
corporation, duly organized and existing under the
Constitution and lawwnf the State of California
the
CARDONA LAW FIRM
Christian G. Cardona
Attorneys for Plaintiff
Noemi Alvarado
SONIA R. CARVALHO
City Attorney
City o Santa Ana
Dated: November 22. 2023 N
Sandra M. Flores
Senior Assistant City Attorney
Attorneys for Defendants
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EXHIBIT "B"
LAR -- 06/19/18
RESOLUTION NO. 2018-045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING CITY STAFF TO SETTLE
LIABILITY CLAIMS AND/OR PENDING LITIGATION
AGAINST THE CITY UP TO FIFTY THOUSAND DOLLARS
AND WORKERS' COMPENSATION CLAIMS FOR UP TO
ONE HUNDRED AND FIFTY THOUSAND DOLLARS AND
REPEALING RESOLUTION 2015-041
Whereas, California Government Code Section 900 of seq. establishes general
provisions regarding the processing of claims filed against cities, and authorizes cities to
adopt local procedures not in conflict with state law;
Whereas, California Government Code Section 935.4 allows this Council by
resolution to authorize an employee of the City to allow, compromise or settle a claim
against the City which would otherwise be filed and borne by the City Council;
Whereas, California Government Code section 949 allows this Council to
delegate its authority to its attorney or employee to compromise any pending action.
Whereas, the City of Santa Ana is permissibly self -insured for Workers'
Compensation pursuant to the provisions of Sections 3700 et seg, of the California
Labor Code;
Whereas, consideration by the City Council of every claim or action presented
can occupy an inordinate amount of time, preventing the City Council from considering
other important matters of City business; and
Whereas, a survey was conducted by Human Resources staff and it was
discovered that many Orange County cities delegate authority to settle litigation and
claims in excess of the twenty-five thousand dollars currently authorized by the City
Council.
Whereas, increasing the authority to settle claims and litigated matters would
increase efficiency and streamline internal processes.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SANTA ANA
DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
Section 1. The Executive Director of Human Resources, or his/her designee, is
authorized to allow, compromise or settle liability claims and/or pending litigation (i.e.
lawsuits) against the City up to twenty-five thousand dollars ($25,000);
Section 2. The Executive Director of Human Resources, City Attorney, and City
Manager or their respective designees are authorized to allow, compromise or settle
Resolution No. 2018-045
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liability claims and/or pending litigation (i.e. lawsuits) against the City for twenty-five
thousand and one dollars ($25,001) up to fifty thousand dollars ($50,000);
Section 3. The Executive Director of Human Resources or his/her designee is
authorized to compromise or settle workers' compensation claims, including stipulated
judgments, liens resulting from claims, bills and invoices relating to management of the
claim, up to one hundred and fifty thousand dollars ($150,000,00) with the approval of
the City Attorney and City Manager or their respective designees.
Section 4. All settlements of claims, litigation and worker's compensation claims
pursuant to this Resolution will be reported to the City Council on a quarterly basis in a
similar manner to the contracts for less than twenty-five ($25,000) approved by the City
Manager.
Section 6. Resolution No. 2015-041 is hereby repealed.
Section 6. This Resolution shall take effect immediately upon its adoption by the
City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 191h day of June, 2018.
APPROVED AS TO FORM:
Sonla R. Carvalho
City Attorney
By:
Laura A. Rossini
Senior Assistant City Attorney
AYES: Councilmembers Benavides Pulido, Sarmiento, Solorio
Tinaiero, Villegas (6)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers Martinez (1)
Resolution No. 2018-045
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2018-045 to be the original resolution adopted by the City Council of the
City of Santa Ana on June 19, 2018.
Date:
Marla'D. Huizar
Clerk of the Council
City of Santa Ana
Resolution No. 2018-045
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