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Home My WebLink AboutREYES, ROGELIO AND REYES, LORENAAUG 0 8 2024 N-2024-267 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS C&AWCA V� (AMS) This Settlement Agreement and Release of All Claims ("Agreement") is made and entered into by and between ROGELIO REYES and LORENA REYES (sometimes collectively, "Plaintiffs") and CITY OF SANTA ANA, KAMERON HENDERSON, MATTHEW D. WHARTON, DAVID GUZMAN, JUSTIN L. COLLINS, JONATHON PEREZ, ANH TU S. PHAN, KENNETH GRAY, and DANIEL CARRILLO (sometimes collectively "Defendants"). WIT NE S SETH: WHEREAS, Plaintiff ROGELIO REYES filed an action against Defendants in the Superior Court of the State California, County of Orange, Central Justice Center styled Rogelio Reyes v. City ofSantaAna, et al., Case No. 30-2021-01218405-CU-CR-CJC (the "Rogetio Reyes Action"). WHEREAS, Plaintiff LORENA REYES filed an action against Defendants in the United States District Court for the Central District of California styled Lorena Reyes v. City of Santa Ana, et al., Case No. 8:20-cv-00071 -DOC-AD S (the "Lorena Reyes Action"). WHEREAS,, Plaintiffs 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 in the Rogello Reyes Action and the Lorena Reyes Action (collectively, the "Actions"). 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: I . 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 Plaintiffs or any person, violation of any order, law, statute, duty, or contract whatsoever against Plaintiffs or any person. Defendants specifically disclaim any liability to Plaintiffs or any other person for any alleged violation of the rights of Plaintiffs 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 Plaintiffs of any liability, misconduct, or wrongdoing whatsoever. 2. Each party will exchange a fully signed executed copy or original of this Agreement. Defendants cannot proceed with processing payment without a fully executed copy of the Agreement from Plaintiffs. 3. Following receipt of, or in exchange for, an executed copy of Request for Dismissal forms from Plaintiffs dismissing the Actions against Defendants with prejudice, Defendant City of Santa Ana will make available a check in the amount of Ten Thousand Dollars ($10,000.00) made payable to "Law Office of Jerry L. Steering, Attorney Client Trust Account." This amount represents a full and complete settlement of Plaintiffs' claims for all damages alleged in the Actions. Defendant City of Santa Ana will file the Requests for Dismissal following receipt of the foregoing check by Plaintiffs' counsel. Page 1 of 5 4. Plaintiffs and Defendants agree that this Agreement constitutes full and complete settlement of all claims made against Defendants in the Actions. Plaintiffs 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. 5. Plaintiffs acknowledge and agree that Defendants have made no representations regarding the tax consequences of any amounts received pursuant to this Agreement. Plaintiffs agree that they and they alone are liable for all taxes, if any, which are owed by Plaintiffs on any amount received hereunder including interest and penalties. Plaintiffs will hold Defendants harmless from any and all claims made by federal, state, or local taxing authorities or lien holders against Plaintiffs on amounts owed by them. 6. Plaintiffs represent that, with the exception of the Actions and the government tort claims associated therewith and submitted to Defendant City of Santa Ana, they have not filed any complaints, claims, or actions against Defendants, including any 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 the Actions and that if any agency or court assumes jurisdiction of any complaint, claim, or action against Defendants on Plaintiffs' behalf, Plaintiffs 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 states: "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, 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 Actions. 9. 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 hereto 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 5 I () Flie 114-tities hereto represent Mid acktimviedge thilt in executing this Agreement the do not rely and have not relied upon anv rques'entahon or stimernent nuide bv any ol'theother 1"Arties or by any ofthe oihci� Ptartics' agents, attorneys, or representliti%es with regard to the stibject 111t,ittel", 11411SIS, of effco of it Apeement or othcrw-he. other th4all Illose specifically Stated if] this I I. ThN Agreement sh.-ill be binding upon the Parties hereto tand upon their heirs, .4110unistriators, representilitives,, executors, ptedecess-ors, successors, and assigns, and shall inure to th1--lellefilt of SAId Parties anti each of them anti to their heirs., administrators. representatives, e\ecutors. Predecessors, successors, and assigns. I Should any provision of' this Agreement be declared or he determined by any court of competent jurisdiction toy be illegal. invalid, or unenforceable, the legidity, validity, and ent'orceability of the remaining parts,, terns or provisions shall not be ctcd thereby, and said Illegal, UJICIII'Orce�ible, or invalid liart, terni or provision shall be deemed not to be a part of this I r-e agreement betwn the Parties hereto andAgeement sets forth the entri ee tully supersedes- any and all lirior ag nuen or oral, between t fie Part tes 1reenients or understandings, w hereto pertaining, to the SLII')jCCt matter hereof. WThis Agreement shall be interpreted in accordance with the plain meaning of its -igainst i'l terms and not strictly for or 4, any of the P, rties hereto. 5. This Agreement may be executed in counterparts, secured via e-mail., facsir ille transmission or othemOse, each of which shall be deemed to be an original. Photocopies oFany executed counterpart shall have the same force and effect as an original. 11 k Wf I ES: P I Aa loth` fS, -)n Datcd: pilge 3 of 5 Defendants Dated: 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: ALVARO NUNEZ,, Acting City Manager Dated: KAMERON HENDERSON Dated: MATTHEW D. WHARTON Dated: (o• Z YIT L. COLLINS Dated: (0 - a Ll malt/ 4;e�> =EPEE= JO ATHON PEREZ Dated: ANH TU S. PHAN Dated: KENNETH GRAY Dated: DANIEL CARRILLO Dated: DAVID GUZMAN Pan 4 of 5 t) Dpfon d n n t.p. Dated: Dated: Dated: - --- ---------- Dated: Dated: Dated: Dated: Dated: Dated: CITY OF SANTA ANA, a charter law city and municipal corporation, duly organized mid existing under the Constitution and laws of the State of California M ALVARO NUNEZ, Acting City Manager KAMERON HENDERS ON MATTHEW D. WHARTON JUSTIN L. COLLINS JONATHON PEREZ ANH T'U S. PHAN KENNETH G- RAY DANIEL CARRILLO DAVID GUZMAN Page 4 of 5 Defendants Dated: 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: ALVARO NUNEZ,, Acting City Manager Dated: KAMERON HENDERSON Dated: MATTHEW D. WHARTON Dated: JUSTIN L. COLLINS Dated: JON ON PEREZ Dated: ANH-XJ�_SPHAN Dated: KENNETH GRAY Dated: DANIEL CARRILLO Dated: DAVID GUZMAN Page 4 of 5 DefendAnts Dated: Dated: Dated: Dated: Dated: Dated.: Dated: Dated: 'Dated: CITY OF SANTA ANA. a charter law city and mu', corporation, duly organized and existing under the Const and laws of the State of Califor m' a By: ALVARO'NUNEZ, Acting City Manager KAMERON HENDERSON MATTHEW D. WHARTON JUSTIN L. COLLINS JONATHON.PEREZ ANH TU S. PHAN KEN METH GRAY DANIEL CARRtLLO DAVID GUZMAN- 'Defendants iv Dated: Dated: Dated: Dated: Dated: Dated: Dated: Dated: -S Dated: CITY' OF SANTA ANA, a chailer law city and municipal cotporation, duly organized and exisW' ig Linder the Constituti C� .011 and laws of the State of Califoix,1100- By: ,.,ILzqe� 0 11-1041 ALVARO NUNFZ, Acting City Manager KAMERON HEN:DER SON MATTHEW D. WHARTON ........ JUSTIN L. COLLINS JONATHON PEP..-EZ ASH TU S. PHAN KENNETHG.R.Ay DANIEt'CARRILLO DAVID GUZMAN Page 4 of 5 ATTEST: Dated: 1 pp��7 APPROVED AS TO FORM: Dated -,- Dated: Dated: May 227 2024 CITY OF SANTA ANA, a charter law city and municipal corporation, duly organized and existing under the Constitution and taws of the State of California__ 5 AN By: nifer L. Hal ity C, erk 4 7 LAW OFTiCES OF JERRY STEERING Jerry Steering Attorneys for Pyfntiffs TALLEY'& TALLEY LAW, APC Cristina L. Talley Attorneys for Defendants City of Santa Ana, Kameron Henderson, Matthew D. Wharton, Justin L. Collins'. Jonathon Perez, Anh Tu S. Phan, Kenneth Gray, and Daniel Carrillo JONES & MAYER Jam" R. oukh�stone ,-i Attorneys for Defendant David Guzman Page 5 of 5 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: By: Jennifer L. Hall, City Clerk APPROVED AS TO FORM: Dated: Dated: July 22, 2024 Dated: LAW OFFICES OF JERRY STEERING Jerry Steering Attorneys for Plaintiffs TALLEY & TAL> Y---L-AW, APC Cristina L. Talley Attorneys for Defendants City of Santa Ana, Kameron Henderson, Matthew D. Wharton, Justin L. Collins, Jonathon Perez, Anh Tu. S. Phan, Kenneth Gray, and Daniel Carrillo JONES & MAYER James R. Touchstone Attorneys for Defendant David Guzman Page 5 of 5