HomeMy WebLinkAboutMENDOZA, MAYRA AND GIOVANNIDocuSign Envelope ID:4ADBBC53-305C-4022-BA5E-84BC83F75552 A-2024-049
APR 19 2674
p•. }o C¢) SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release ("Settlement Agreement") is made by and between
Plaintiffs Mayra Mendoza and Giovanni Mendoza, ("Plaintiffs"), and Defendant City of Santa Ana
("City"), Officer Matthew Thomas and their agents, employees, attorneys, representatives,
successors, and assigns, (collectively "City Defendants"). (Plaintiffs and City Defendants may be
collectively referred to as "Settling Parties") in connection with the case entitled Maym Mendoza, et
al vs. City of Santa Ana, et al, filed in the Superior Court of the State of California for the County of
Orange, Case No. 30-2020-01147294-CU-PA-CJC..
RECITALS
This action was brought by Plaintiffs alleging personal injuries sustained on July 12, 2019
as the result of an automobile accident as described in their complaint referenced above. All
representations, agreements, promises and other acts recited on behalf of Plaintiffs are intended to
and do refer to Plaintiffs Mayra Mendoza and Giovanni Mendoza.
agreed:
NOW THEREFORE, in consideration of the foregoing promises set forth below, it is
1.0 SETTLEMENT TEAMS. -
The settlement terms entered into between the Settling Parties on the pending matter
are as follows:
• City Defendants will pay to Plaintiff Mayra Mendoza the total sum of Two Hundred
and Fifteen Thousand dollars ($215,000.00), in full and final settlement of any and all
claims by said Plaintiff against City Defendants, which includes attorney's fees, costs
and liens, to be dispersed as follows:
• Said sum of Two Hundred and Fifteen Thousand dollars ($215,000.00) to be paid to
Plaintiff Mayra Mendoza and her attorneys Avrek Law Firm.
• City Defendants will pay to Plaintiff Giovanni Mendoza the total sum of Five
Thousand dollars ($5,000.00), in full and final settlement of any and all claims by said
Plaintiff against City Defendants, which includes attorney's fees, costs and liens, to
be dispersed as follows:
• Said sum of Five Thousand dollars ($5,000.00) to be paid to Plaintiff Giovanni
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Mendoza and his attorneys Avrek Law Firm.
The Complaint is to be dismissed, with Prejudice, as to all Defendants, served or
unserved, upon completion of all settlement terms.
i Plaintiffs counsel will provide a Tax Identification Number and completed 2024 W-
9 form prior to issuance of the payment.
2.0 RELEASE FROM ALL CLAIMS AND LIABILITIES:
Except for the obligations arising out of this Agreement, Plaintiffs Mayra Mendoza and
Giovanni Mendoza do hereby waive, release, acquit and discharge, for all time, all defendants,
including City Defendants, of and from any and all claims, demands, causes of action, liabilities,
controversies and damages (collectively hereinafter referred to as "Claims") whatsoever, of whatever
kind or nature, whether known or unknown, contingent or liquidated, suspected or unsuspected, which
Plaintiffs now own, hold; have or claim to have against the City Defendants, by reason of any matter
or thing alleged or referred to, directly or indirectly, or in any way connected with or arising out of all
or any of the matters, facts, events, occurrences, alleged or referred to in the lawsuit or in any way
associated with the alleged incidents referenced in and/or connected to the matters at issue. It is the
specific and express intention that this Agreement dispose of all claims of Plaintiffs as against the
City Defendants, and any other defendant, and that the waivers and releases provided in this paragraph
and set forth in Paragraph 3.0 herein below shall constitute, be deemed understood and to act as a full
release of all past, present and future claims that may arise from the herein mentioned matters and
issues as set forth in the recitals hereinabove or alleged or referred to in the litigation.
3.0 WAIVER OF CIVIL CODE § 1542:
With respect to the specific subject matter of the releases set forth in Paragraph 2.0, above,
Plaintiffs hereby waive against the City Defendants, all rights under California Civil Code § 1542,
which states in pertinent part, as follows:
"A general release does not extend to claims [1] that the
creditor or releasing party does not know or suspect exists in
his or her favor at the time of executing the release and that,
[21 if known by him or her [31, would have materially affected
his or her settlement with the debtor or released party."
Plaintiffs understand and acknowledge the significance and consequence of the specific waiver of §
1542 of the California Civil Code along with the benefit and effect of California Civil Code § 1542
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and hereby assume full responsibility for any and all injuries, damages, losses, expenses and claims
hereinafter incurred by the abovementioned disputes and/or Claims.
4.0 DISMISSAL OF COMPLAINT WITHPREJUDICE:
Concurrently upon execution of this Agreement, through their counsel, Plaintiffs shall provide
the attorneys for City Defendants with an executed Request for Dismissal, with prejudice, of the entire
pending action for filing with the Court. Said Request for Dismissal will be held, in trust, by counsel
for the City Defendants, until such time as the sum described in Section 1 has been delivered to
Plaintiffs courtesy of their attorney Avrek Law Firm.
5.0 ADVICE OF COUNSEL:
Plaintiffs warrant and represent that independent advice of legal counsel has been obtained by
Plaintiffs prior to signing this Agreement. Plaintiffs execute this Settlement Agreement voluntarily,
with full knowledge of its significance and with the expressed intention of extinguishing all
obligations, except as expressly set forth herein.
6.0 SUCCESSORS AND ASSIGNS.
Plaintiffs understand and agree that the agreements, undertakings, acts and other things done
or to be done by Plaintiffs in this Agreement shall run to and be binding upon Plaintiffs and Plaintiffs'
heirs, successors, executors, administrators and assigns.
7.0 ENTIRE AGREEMENT.•
This document contains the entire Agreement and understanding of the parties concerning the
subject matter of this Agreement, and supersedes and replaces all prior negotiations and agreements,
written or oral. Plaintiffs acknowledge that no other party, agent, attorney, employee or representative
of City Defendants has made any promise, or representation or warranty not contained herein. This is
an integrated Agreement.
8.0 WARRANTY OFNO TRANSFER:
Plaintiffs hereby represent and warrant that they have not heretofore assigned, transferred or
purported to have assigned or transferred, to any person, firm or corporation, any of the Claims
released under this Agreement.
9.0 COMPROMISE OFDISPUTED CLAIMS:
Plaintiffs understand and agree that by payment of the settlement sums referred to in
paragraph 1.0 of this Agreement, City Defendants do NOT admit any liability on their part, and that
this settlement is the compromise of doubtful and disputed claims and is made solely to avoid the cost
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and risk of continued litigation.
10.0 PLAINTIFFS'RESPONSIBILITYFOR ALL LIENS:
10.1 This settlement includes all liens, costs and attorney's fees. Plaintiffs Mayra
Mendoza and Giovanni Mendoza and Plaintiffs' counsel Avrek Law Firm, and each of them,
agree that they are responsible for the payment of, and agree to pay or otherwise satisfy all liens,
including but not limited to any and all which are or may later be asserted by any health care
provider, Medicare, Medi-Cal, medical insurer, and / or other liens, and to be solely responsible
for those.
10.2 Plaintiffs, and each of them, represent that they are not enrolled in the Medicare
or Medi-Cal programs and further represents that they have received no benefits thereunder
related to this action and have not shifted responsibility of medical treatment to Medi-Cal or
Medicare and in the event any amounts be claimed by Medicare CMS/Medicaid and/or Medi-Cal
as reimbursement for payments made for medical treatment for injuries attributed to the City
Defendants.
10.3 Plaintiffs and each of them as well as their attorneys Avrek Law Firm agree to
defend (using counsel of City Defendants choice) and hold City Defendants harmless from any
and all claims for payment of liens or costs related to his claims, this lawsuit, and any and all
healthcare treatment sought or received by Plaintiff in connection with his claims against these
settling defendants.
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11.0 ENFORCEABILITY.
This Agreement shall be enforceable pursuant to California Code of Civil Procedure §
664.6 and will be construed pursuant to and under the laws of the State of California. The Court
shall retain jurisdiction over the parties to enforce the terms of this Agreement following the
dismissal of this action.
THE UNDERSIGNED HAVE READ THE FOREGOING SETTLEMENT AND RELEASE
AGREEMENT AND FULLY UNDERSTAND IT.
DATED: April_, 2024
3/28/2024
ERRHARFR4R47,;
gusignea by:
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By: ..
MAYRA MENDOZA
DATED: April_, 2024
3/28/2024 LD..uS.gnedBy: eu WAA lk(A' hl91,
GIOV I OZA
AGREED UPON AND APPROVED AS TO FORM AND CONTENT:
DATED: April 12, 2024 AVREK LAW FIRM
ERIC S. CHUN
Attorneys for Plaintiffs
DATED: April , 2024
ATTEST:
DATED: April ��2024
APPROVED AS TO FORM:
A-2024-049
CITY OF SANTA ANA, a charter law city and municipal
corporation, duly organized and existing under the
Constitution and laws of the to f California
I
ALVARO
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
By:
JENN L. LL, City Clerk
SONIA R. CARVALHO CITY ATTORNEY
DATED: April 17, 2024 By: /6 {1 c
KYLI C.NELLESEN
Assistant City Attorney
Attorneys for City Defendants