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Home My WebLink AboutVERDUGO, ELENA ,Ul 1 i0j N-2024-228 Csa A/a SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Settlement Agreement and Release of All Claims("Agreement")is made and entered into by and between the City of Santa Ana("City"), and Elena Verdugo("Verdugo"). Collectively, the City and Verdugo are referred to as"Defendants"hereafter. WITNESSETH: WHEREAS,Plaintiff,Gloria Herrera("Plaintiff') filed an action against the City in the Superior Court of the State California,County of Orange, Central Justice Center 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 Verdugo as a defendant. Thereafter,the City and Verdugo filed cross-actions. WHEREAS, the City and Verdugo(collectively, the "Parties"),desire to settle fully and finally all differences between them, including,but in no way limited to, those differences described above with a sole exception as outlined below in paragraph 5. This Agreement hereby documents a settlement between the Parties. 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 either the City or Verdugo of any liability whatsoever, or as an admission by the City and/or Verdugo of any violation of the rights of any person,violation of any order, law, statute, duty, or contract whatsoever against Plaintiff or any person.Both the City and Verdugo specifically disclaim any liability to Plaintiff or each other 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 the City and/or Verdugo. 2_ Each party will exchange a fully signed executed copy,or original,of this Agreement. 3. Upon receipt of a fully-executed copy of this Agreement,each party will file a Request for Dismissal with prejudice of their respective cross-complaint filed in this Action. 4. Neither the City nor Verdugo has agreed to pay the other any monies in consideration of dismissing their respective cross-complaint. Rather, the consideration for entering into this Agreement is the payment of monies to Plaintiff in sums that are subject to separate agreements entered into by the City and Verdugo with Plaintiff and as memorialized therein and for a dismissal of the entire action by Plaintiff The City and Verdugo specifically acknowledge that the Plaintiff, the City and Verdugo have collectively entered into a global settlement of the Action although the settlements are documented in individual agreements by and between the Plaintiff and each defendant identified hereto. 5. The City and Verdugo agree that this Agreement constitutes full and complete settlement of all claims made by and between the City and Verdugo in their respective cross-complaints filed in this Action_ Both the City and Verdugo agree to dismiss their respective cross-complaints with Page 1 of 4 prejudice and not seek any compensation for each other of any type whatsoever,including for claimed damages, costs,or attomey's fees in connection with the matters encompassed in this Agreement. Notwithstanding the foregoing,the City and Verdugo acknowledge and agree that the Parties will separately negotiate: (1)possible tree removal of the tree at issue in the Action; (2) removal of any landscaping on Verdugo's property that might be lifting the adjacent City sidewalk; and (3)the possible insertion of root barriers or other means to prevent the lifting of the City sidewalk by Verdugo's trees or landscaping. Any related future claims,issues,or liability attributable to the aforementioned tree and landscaping(located adjacent to the City sidewalk) arc not waived, dismissed,or resolved as a result of this Agreement. This exception is unaffected by, and in no way modified by, the provisions of paragraphs 7 and 8 below. 6. Verdugo represents that, with the exception of the cross-action filed in the Action,that she has not filed any complaints,claims,or actions against the City including any of its officers, agents,directors, supervisors,employees, or representatives of the City 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 t h e City on Verdugo's behalf,Verdugo will direct that agency or court to withdraw and dismiss the matter with prejudice. 7. 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." 8. 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 and/or the respective cross- complaints,with the sole exception of the item referenced in paragraph 5 above. 9. Each person signing below represents that they have 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 party hereby warrants that they have the authority to enter into this Agreement and bind the party for whose benefit they execute this Agreement. Page 2 of 4 10. 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. 11. 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. 12. 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. 13. This Agreement sets forth the entire agreement between the Parties and fully supersedes any and all prior agreements or understandings,written or oral,between the Parties pertaining to the subject matter hereof. 14. 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. 15. 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: Defendant—City of Santa Ana Dated: 7/2/24 Le-Le: a/L,�2G e-deA. 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 Californ Dated: 7111102 4 �� • A L <<=t, Cit .ler [CONTINUED ON NEXT PAGE] Page 3 of 4 Defendant—Elena Verdugo Dated: / 2 By: Its: APPROVED AS TO FORM: SONIAR.CARVALHO CITY ATTORNEY Dated: 07/02/2024 Sandra M. Flores, Esq. Acting Chief Assistant City Attorney Attorneys for Defendant LAW OFFICES OF JOHNSON,ALVAREZ, ZAKARIAN, FERRARIS & CADENA gifts Dated: 06/24/2024 I • O Edna Wenning, Esq. Attorneys for Defendant Elena Verdugo Page 4 of 4