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HomeMy WebLinkAboutRAMIREZ, MARIA0'. GnU 0) APR 0 9 2024 RELEASE OF ALL CLAIMS N-2024-131 In regard to Maria Ramirez v. City of Santa Ana, Orange County Superior Court Case No. 30-2021-01237194-CU- PO-CJC (the "Action"), Maria Ramirez (`Plaintiff'), being of lawful age of 18 years or older, agrees and understands that in settlement of the foregoing lawsuit, the City of Santa Ana ("the City") will agree to pay Plaintiff the sum of Fifty Thousand Dollars ($50,000) and no cents. In exchange for payment by the City, Plaintiff does hereby for himself/herself and for his/her heirs, executors, administrators, successors and assigns, release, acquit and forever release and discharge the City of Santa Ana and its representatives, heirs, executors, administrators, trustees, successors, affiliates, subrogoes, subrogees, assignors, assignees, subsidiaries, parent corporations, agents, employees, officers, directors, attorneys, council members, firms, associations, and insurers (hereafter collectively the "City Parties") from any and all claims, actions, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever, which the Plaintiff now has or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen bodily or personal injuries and property damage and the consequences thereof resulting from the trip and fall accident that occurred on or about January 14, 2020 near 1110 South Garnsey Street in Santa Ana, California as alleged in the Action. Plaintiff further acknowledges that she is responsible for all medical bills or liens for medical services related in any way to the subject of the Action and that to her knowledge, there are no asserted liens or monies owed to Medicare or Medi-Cal. It is understood and agreed that this settlement is the compromise of the Action, a disputed matter, and that this settlement is not to be construed as an admission of liability on the part of the City. It is further understood and agreed that all rights under Section 1542 of the California Civil Code and any similar law of any state or territory of the United States are hereby expressly waived. Section 1542 reads 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. Plaintiff hereby declares and represents that the bodily injuries/property damage or other injuries sustained are / or may be permanent and progressive and that recovery therefrom is uncertain and indefinite and in making this Release it is understood and agreed, that the Plaintiff relies wholly upon the Plaintiff s judgment, belief and knowledge of the nature, extent, effect, and duration of said injuries and liability therefore and is made without reliance upon any statement or representation of the City or any of the parties hereby released or their representatives or by any physician or surgeon employed by them. Plaintiff acknowledges she is represented by counsel in the Action and the terms of this Release have been relayed to her by a means she understands. v�l�itials) Plaintiff further declares and represents that no promise, inducement or agreement not expressed in this Release has been made to her, and that this Release contains the entire agreement between the parties to this Release, and that the terms of this Release are contractual and not a mere recital. Plaintiff and the City intend to be bound by the terms of this Release. Plaintiff agrees and represents that on the date below, he/she was not hospitalized or in a medical facility nor was he/she admitted to a medical facility within the past 15 days. Signed on 2 1 day of March 2024 Plaintiff— Maria Ramirez N-2024-131 [RELEASE CONTINUED] APPROVED: 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 -flDated: By: ✓WCLW � ]varo Nunez, Acting &ity Manager 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:1 By : nmfer Hal City Clerk