HomeMy WebLinkAboutIBARRA, JESSIERELEASE IN FULL SETTLE+ MIENT AND COMPROMISE
1, Olt RANCIA PEREZ, the undersigned, for and in consideration of the total sum of
SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500,00), for myself, my heirs,
executors, administrators, and assigns do hereby remise, release and forever discharge the
CITY OF SANI'A ANA, a Public entity, and all of its current and former principals,
employees (including, but not limited to, Chief Paul Walters, Sergeant Matt gown., Corporal
David Liana, Corporal Enrique Ruvalcaba, Sergeant Sandy Kim and Sergeant Chuck Flynn),
officers, agents, claims administrators, attorneys and insurers [hereinafter referred to as
"releasees"], from any and all claims and causes of action by Treason of any injury, damage or
civil rights violation, including any and all attorney's fees and costs, which I have sustained,
or may have sustained, as a result of the incident that occurred on December 1, 2012,
wherein I claim to have been detained and searched by Santa Ana Police Department
officers, as more My described in my Complaint on file in the United States District Court,
in the matter entitled Jesse Ibarra et al. v. City of Santa Ana et al., bearing case number
SACV 14-00131 AG (JPRx).
It is expressly understood and agreed that this release governs all claims and causes
of action, including any alleged federal court and state court civil rights violations and
torts, and all injuries and damages that arise out of the incident that occurred on December
1, 2012, as more fully described in my Complaint on file in the United States District
Court, in the matter entitled Jesse Ibarra, et al. v. City of Santa Ana. et al., bearing case
number SACV14-00131 AG (JFRx). It. is also expressly understood. that this release bars
me from filing any other action for injuries and damages, including civil rights violations,
that arises out of nay contact with Santa Ana Police Department off em on December 1,
2012.
111
PARENTAL RELEAM AND INDEMNITY AgREmMENT
In consideration of the payments to JOSHUA IBARRA [DOB: 07/ 16/99], a minor, in the
total amount of FORTY-FIVE THOUSAND DOLLARS ($45,000.00), the undersigned parent
and guardian ad litem of Joshua Ibarra, a minor, for and on behalf of Joshua Ibarra does hereby
forever release, discharge and covenant to hold harmless and indemnify the City of Santa Ana, a
public entity, its principals, employees (including, but not limited to Chief Paul Walters, Sgt,
Matt Brown, Cpl. David Lima, Cpl. Enrique Ruva.lcaba, Sgt. Sandy Kim, and Cpl. Chuck Flynn),
officers, agents, claims administrators, attorneys and insurers, from any and all claims, injuries,
demands, damages, costs, expenses, loss of services, actions and causes of action of said minor
or the undersigned arising from the incident that occurred on December 1, 2012, involving the
search and detention of the minor, his home and his family members, as more fully described in
the Complaint on file in the United States District Court, in the Enatter entitled Jesse Ibarra, of at.
v. City of Santa Ana et al., bearing case number SACV 14-00131 AG (JPRx),
1, OF.RANCIA PEREZ, the undersigned, do hereby agree to be bound, as well as my heirs,
assigns, administrators and executors, to repay to the City of Santa Ana, a public entity, its
principals, employees (including, but not limited to Chief Paul Walters, Sgt. Matt Brown, Cpl,
David Lima, Cpl. Enrique Ruvalcaba, Sgt. Sandy Kim, and Cpl. Chuck Flynn), officers, agents,
claims administrators, attorneys and insurers, any additional sum that it may at any time hereafter
be compelled to pay on account of the injuries to said minor because of said Incident. Moreover, as
part of this release, I, hereby forever release, discharge and covenant to hold harmless and
indemnify the releasees from any and all claims for attorney's fees or costs incurred in
connection with this matter.
Approved. as to form and content:
Dated: qlgll Ilq 6 13
Dana L. Douglas, Esq.
Man Cabrera, Esq.
Attorney for Plaintiff
3
U, LE(ASE IN I+`CJLL SETTLE,ME T AND COMPROMISE'
I, OFRANCIA PEREZ, the undersigned, for and in consideration of the total sum of
SEVEN' THOUSAND FIVE HUNDRED DOLLARS ($7,500.00), for myself, my heirs,
executors, administrators, and assigns do hereby remise, release and forever discharge the
CITY OF SANTA ANA, a public entity, and all of its current and former principals,
employees (including, but not limited to, Chief Paul Walters, Sergeant Matt Brown, Corporal
David Lima, Corporal Enrique Ruvalcaba, Sergeant Sandy Kim and Sergeant Chuck Flynn),
officers, agents, claims administrators, attorneys and insurers [hereinafter referred to as
"releasees"], from any and all claims and causes of action by reason of any injury, damage or
civil rights violation, including any and all attorney's fees and costs, which .l have sustained,
or may have sustained, as a result of the incident that occurred on ]December 1, 2012,
wherein I. claim to have been detained and searched by Santa Ana Police Department
officers, as more fully described in my Complaint on file in. the United States District Court,
in the matter entitled Jesse Ibarra. et al. v. Cites Santa Ariaet al., bearing case number
SACV14�00131 AG (JPRx).
It is expressly understood and agreed that this release governs all claims and causes
of action, including any alleged federal court and state court civil rights violations and
torts, and all injuries and damages that arise out of the incident that occurred on December
1, 2012, as more fully described in my Complaint on file in the United States District
Court, in the matter entitled Jesse Ibarra, et all. v. City, of Santa An, et al.., bearing case
number SACV 14-00131 AG (JPRx). It is also expressly understood that this release bars
me from filing any other action for injuries and damages, including civil rights violations,
that arises out of my contact with Santa Ana Police Department officers on December 1,
2012.
PARENTAL RELEASE AND INI)1JIVI I ITY AGREENIENT
In consideration of the payments to JOSHUA IBARRA [DOB: 07/1.6/99], a minor, in the
total amount of FORTY-FIVE THOUSAND DOLLARS ($45,000.00), the undersigned parent
and guardian ad ]item of Joshua Ibarra, a minor, for and on behalf of Joshua Ibarra does hereby
forever release, discharge and covenant to hold harmless and indemnify the City of Santa Ana, a
public entity, its principals, employees (including, but not limited to Chief Paul- Walters, Sgt,
Matt Brown, Cpl. David Lima, Cpl. Enrique ftuvalcaba, Sgt, Sandy Kim, and Cpl. Chuck Flynn),
officers, agents, claims administrators, attorneys and insurers, from any and all claims, injuries,
demands, damages, costs, expenses, loss of services, actions and causes of action of said minor
or the undersigned arising from the incident that occurred on December 1, 2012, involving the
search and detention of the minor, his home and his family members, as more fully described in
the Complaint on file in the United States District Court, in the matter entitled Jesse lbarra._et al,,
v. City of Santa Ana, et al., bearing case number SACV 14-00131 AG (JPRx).
I, OFRANCIA PEREZ, the undersigned, do hereby agree to be bound, as well as my heirs,
assigns, administrators and executors, to repay to the City of Santa Ana, a public entity, its
principals, employees (including, but not limited to Chief Paul Walters. Sgt. Matt Brown, Cpl.
David Lima, Cpl. Enrique Ruvalcaba, Sgt. Sandy Kim, and Cpl. Chuck Flynn), officers, agents,
claims administrators, attorneys and insurers, any additional sum that it may at any time hereafter
be compelled to pay on account of the injuries to said minor because of said incident. Moreover, as
part of this release, I hereby forever release, discharge and covenant to hold harmless and
indemnify the releasees from any and all claims for attorney's fees or costs incurred in
connection with this matter.
Approved as to form and cowent:
Dated: 1. ,�l 613
4Da)aaDouglas, Esq.
Brian Cabrera, Esq.
Attorney for Plaintiff
RELEASE IN FULL SETTLEMENT AND C MPROM SE
I, IZOBERT HEINL'Y, the andersigned, for and in consideration of the total surn of
TWO THOUSAND FIVE HUNDRBD DOLLARS ($2,500.00), for myself, my heirs,
executors, administrators, and assigns do hereby remise, release and forever discharge the
CITY OF SANTA ANA, a public entity, and all of its current and formar principals,
employees (including, but not limited to, Chief Paul Walters, Sergeant Matt Brown, Corporal
David Lima, Corporal Enrique Ruvalcaba, Sergeant Sandy Kim and Sergeant Chuck Flynn),
officers, agents, claims administrators, attorneys and insurers [hereinafter referred to as
"releasees"], from any and all claims and causes of action by .reason of any injury, damage or
civil rights violation, including any and all attorney's fees and costs, which I have sustained,
or may have sustained, as a result of the incident that occurred on December 1, 2012,
wherein I claim to have been detained and searched by Santa Ana Police Department
officers, as more fully described in tiny Complaint on file in the United States District Court,
in the matter entitled Jesse lbarra, et a1. v. _City of Santa Ana, et al., bearing case number
SACV 14-00131 AG (JPRx),
It is expressly understood and agreed that this release governs all claims and causes
of action, including any alleged federal court: and state court civil rights violations and
torts, and all injuries and damages that arise out of the incident that occurred on December
1, 2012, as more fully described in my Complaint on file in the United States District
Court, in the matter entitled Jesse lbarra, et al; v. City of Santa Ana, et al., bearing case
number SACV14-00131 AG (JPRx). It is also expressly understood that this release bars
me from filing any other action for injuries and damages, including civil rights violations,
that arises out of my contact with Santa Ana Police Departmcnt officers on. December 1,
2012.
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RELEASE IN FULL UnLEMENT AND COMB OMISE
I, IGNIS LOPEZ, the undersigned, for and in consideration of the total sum of TEN
THOUSAND DOLLARS ($10,000.00), for myself, my heirs, executors, administrators, and
assigns do hereby remise, release and forever discharge the CITY OF SANTA ANA, a
public entity, and all of its current and former principals, employees (including, but not
limited to, Chief Paul Walters, Sergeant Matt Brown., Corporal David Lima, Corporal
Enrique Ruvalcaba, Sergeant Sandy Kim and Sergeant Chuck Flynn), officers, agents,
claims administrators, attorneys and insurers [hereinafter referred to as "releasees"], from
any and all claims and causes of action by reason of any injury, damage or civil rights
violation, including any and E41 attorney's fees and costs, which I have sustained, or may
have sustained, as a result of the incident that occurred on December 1, 201.2, wherein I
claim to have been detained and searched by Santa. Ana Police Department officers, as move
fully described in my Complaint on file in the United States District Court, in the matter
entitled Jesse Lbarra, et al. v. City of Santa Ana, et al., bearing case number SACV 14-001 "3l
AG (IM).
It is expressly understood and agreed that this release governs all claims and causes
of action, including any alleged federal court and state court civil rights violations and
torts, and all injuries and damages that arise out of the incident that occurred on December
1, 2012, as more fully described in my Complaint on file in the United Stales District
Court, in the matter entitled Jesse lbarra et al, v....City of Santa Ana et al., bearing case
number SACV 14-00131 AG (JPRx). It is also expressly understood that this release bars
me from filing any other action for injuries and damages, including civil rights violations,
that arises out of my contact with Santa Aria Police Department officers on December 1,
2012.
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RE' LEASE IN FULL SETTLEMENT AND COMPROMISE
I, ROLANDO A"YALA IBARRA, the undersigned, for and in consideration of the
total sum of ELEVEN THOUSAND DOLLARS ($11,000.00), for rnyself, my heirs,
executors, administrators, and assigns do hereby remise, release and forever discharge the
CITY OF SANTA ANA, a public entity, and all of its current and former principals,
employees (including, but not limited to, Chief Paul Walters, Sergeant Matt Brown, Corporal
David Lima, Corporal Enfique Ruvalcaba, Sergeant Sandy Kim. and Sergeant Chuck .Flynn),
officers, agents, clairns administrators, attorneys and insurers [hereinafter referred to as
`°releasees" J, from any and all claims and causes ofaction by reason of any injury, damage or
civil rights violation, including any and all attorney's fees and costs, which I have sustained,
or may have sustained, as a result of the incident that occurred on December 1, 2012,
wherein I claim to have been detained and searched by Santa Ana Police Department
officers, as more fully described in my Complaint on Tile in the United States District Court,
in the matter entitled Jesse Iharra, et al,y. City of Santa Ana, et at, bearing case number
SACV 14-0013.1 AG (SPRx),
It is expressly understood and agreed that this release governs all claims and causes
of action, including any alleged federal court and state court civil rights violations and
torts, and all injuries and darnages that arise out of the incident that occurred on December
1, 2012, as more fully described in my Complaint on file in the United States District
Court, in the .matter entitled Jesse Ibarra et al,.v.-Citv of Santa Ana et al., bearing case
number SACV14-00131 AG (JPRx). It is also expressly understood that this release bars
me from filing any other action for injuries and darnages, including civil rights violations,
that arises out of my contact with Santa Ana Police Department officers on December 1,
2012.
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REI..)I+SASE IN FULL Sla TLk:MENT AND COMPROMISE
I, JES,SE IBARRA, the undersigned, for and in consideration of the total surn of
TWENTY THOUSAND DOLLARS ($20,000.00), for myself, my heirs, executors,
administrators, and assigns do hereby remise, release and forever discharge the CITY OF
SANTA ANA, a public entity, and all of its current and former principals, employees
(including;, but not limited to, Chief Paul Walters, Sergeant Matt Brown, Corporal David
Lima, Corporal Enrique Ruvalcaba, Sergeant Sandy Kiin and Sergeant Chuck Flynn),
officers, agents, claims administrators, attorneys and insurers [hereinafter referred to as
"releasees" ], from any and all claims and causes of action by reason of any injury, damage or
civil rights violation, including any and all attorney's fees and costs, which I have sustained,
or may have sustained, as a result of the incident. that occurred on December• 1, 2012,
wherein 1 was detained, searched and cited by Santa Ana Police Department officers, as
more fully described in any Complaint on file in the United States District Court, in the
matter entitled Jesse lbarra, et al. v_City of Santa Ana et alL, bearing case number SACV 14-
00131 AG (JPRO.
It is expressly understood and agreed that this release governs all claims and causes
of action, including any alleged federal court and state corm civil rights violations and
torts, and all injuries and damages that arise out of the incident that occurred oil December
1, 2012, as more fully described in my Complaint on file in the United States District
Court, in the matter entitled Jesse Ibarra et al. v. City of Santa Ana. et at., bearing case
number SACV 14-00131 AG (JPRx). It is also expressly understood that this release bars
me from filing any other action for injuries and damages, including; civil rights violations,
that arises out of ray contact with Santa Ana Police Department officers on December 1,
2012.
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13E. NOMINATED BY COUNCILMEMBER SARMIENTO AS THE WARD 1
REPRESENTATIVE (REGULAR) TO THE YOUTH COMMISSION, FOR
FULL TERM EXPIRING DECEMBER 13, 2016 {STRATEGIC PLAN NO,
5, 1} - Clerk of the Council Office
MOTION: Appoint Michael Solorio (Ward I resident) replacing E.
Castellon.
1&16-1014
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's
Office
MOTION: Approve:
CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION
pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the
Government Code:
AGMT NO. 2015-036 - Jessie lbarra v. City of Santa Ana, Case No.
SACV14-00131 AG (JPRx); Settlement Agreement in the amount of
$96,000
AGMT NO. 2015-037 - Le Quyen Vu Ngo, et al. v. City of Santa Ana,
Case No. SACV 13-01660 DOC (RNBx); Settlement authority
provided.
19B. EXCUSED ABSENCES — None
19E. AUTHORIZATION TO FILE RECEIVERSHIP ACTIONS AGAINST
OWNERS OF REAL PROPERTIES LOCATED IN THE CITY OF SANTA
ANA (VARIOUS) {Strategic Plan No. 3, 3} — City Attorney's Office
MOTION: Authorize the City Attorney to engage special legal
counsel, Silver and Wright, to file receivership actions against
owners of the real properties located the City of Santa Ana: 1701 S.
Flower Street, 1046 W. Bishop, 2021 N. Fairview, 5321 W. First Street,
1705 W. Woodland, 2702 W. Maywood, 2222 S. Renee Drive, 315 E.
Camille St., 2727 W. Edinger and 115 E. Santa Ana Boulevard.
CITY COUNCIL MINUTES 7 MARCH 3, 2015