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Home My WebLink AboutHERRERA, GLORIA N-2024-227 0- 1 "" D'.Gpro� 4) FA�`Pt) CoJrf- SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Settlement Agreement and Release of All Claims("Agreement") is made and entered into by and between Gloria Herrera("Plaintiff')and the City of Santa Ana("City"and/or"Defendant"). WITNESSETH: WHEREAS,Plaintiff filed an action against Defendant in the Superior Court of the State California, County of Orange, Central Justice Center District known as GLORIA HERRERA v. CITY OF SANTA ANA and DOES 1 to 100, inclusive Case No. 30-2022- 01253031-CU-PO-CJC (the "Action"). Plaintiff later named individual, Elena Verdugo, as a defendant("Verdugo"). The City and Verdugo filed cross-complaints against each other. WHEREAS, Plaintiff and Defendant (collectively, the "Parties"), desire to settle fully and finally all differences between them, including, but in no way limited to, those differences described above. This Agreement hereby documents a settlement between the Parties of all issues arising from the Action. 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: 1. This Agreement and compliance with this Agreement shall not be construed as an admission by Defendant of any liability whatsoever, or as an admission by Defendant 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. Defendant specifically disclaims 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 Defendant. Likewise,this Agreement and compliance with this Agreement shall not be construed as an admission by Plaintiff of any liability,misconduct, or wrongdoing whatsoever. 2. Each party will exchange a fully signed executed copy, or original,of this Agreement. Defendant cannot proceed with processing payment without a fully executed copy of the Agreement from Plaintiff. 3. Following the City's receipt of an executed Request for Dismissal with prejudice of the entire Action from Plaintiff,the City will make available to Plaintiff a check in the amount of Twenty-Five Thousand Dollars and no cents($25,000)made payable to"SEDAGHAT LAW GROUP CLIENT TRUST FOR THE BENEFIT OF GLORIA HERRERA." 4. The foregoing amount to be paid by Defendant represents the Defendant's full and complete settlement of Plaintiff's claims for all damages alleged in the Action. The City will file the Request for Dismissal following confirmation that counsel for Plaintiff has received the check from Defendant and has received any monies due to Plaintiff by Verdugo. 5. Plaintiff and Defendant agree that this Agreement constitutes full and complete settlement of all claims made against Defendant in this Action. Plaintiff will not seek any further compensation for Page 1 of 4 any other claimed damages, costs, or attorneys fees in connection with the matters encompassed in this Agreement. 6. Plaintiff acknowledges and agrees that the City has made no representations regarding the tax consequences of any amounts received pursuant to this Agreement. Plaintiff agrees that she and she alone is liable for all taxes, if any, which are owed by her on any amount received hereunder including interest and penalties. Plaintiff will hold the City harmless from any and all claims made by federal, state, or local taxing authorities. 7. Plaintiff will hold the City harmless from any and all lien holders of any kind, specifically liens for medical care or medical expenses, owed to insurance companies, Medi-Care or Medi-Cal, or any other medical providers, to whom Plaintiff is indebted. Plaintiff further acknowledges that she and not the City is responsible for compromising any liens related to, or arising from,this Action. GCH (Plaintiff's Initials) 8. Plaintiff represents that, with the exception of this Action and the government tort claim associated therewith and submitted to the City of Santa Ana, she has not filed any complaints, claims, or actions against Defendant including any of its officers, agents, directors, supervisors, employees, or representatives of Defendant with any state, federal, or local agency or court and that she 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 Defendant on Plaintiffs behalf, Plaintiff will direct that agency or court to withdraw and dismiss the matter with prejudice. 9. 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." 10. 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, insurance companies, any subsidiaries or affiliates of said insurance companies, attorneys, 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. 11. 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 discussed them with legal counsel. Each Page 2 of 4 party hereby warrants that they have the authority to enter into this Agreement and bind the party for whose benefit they execute this Agreement. 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. GCH (Plaintiff's Initials) 12. The Parties hereto represent and acknowledge that in executing this Agreement they do not rely and have not relied upon any representation or statement made by any of the Parties or by any of the 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. 13. This Agreement shall be binding upon the Parties hereto and 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. 14. 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. 15. 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. 16. 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. 17. 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 Q "_. 05/06/24 Gloria C Herrera(Jun 5,202411:52 PDT) Dated: GLORIA HERRERA Plaintiff [CONTINUED ON NEXT PAGE] Page 3 of 4 Defendant—City of Santa Ana Dated: 7/2/24 .L_ 44. (5cht LORI SCHNAIDER Executive Director of Human Resources City of Santa Ana 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 jq2o24 "' `, . ft�f IF L. L Ci Cle APPROVED AS TO FORM: SEDAGHAT LAW GROUP Dated:6/5/2024 Lillian Sedaghat Attorneys for Plaintiff Gloria Herrera SONIA R.CARVALHO CITY TTORNEY Dated:07/02/2024 Sandra M. Flores Senior Assistant City Attorney Attorneys for Defendant City of Santa Ana Page 4 of 4