HomeMy WebLinkAboutGONGORA, RITA MARIEN-2024-325
OCT Q Z 2024 SETTLEMENT AGREEMENT
AND RELEASE OF ALL CLAIMS
• C A0 ( 0i This Settlement Agreement and Release of All Claims ("Agreement") is made and entered
4?- waft tVAF)into by and between RITA MARIE GONGORA ("Plaintiff'), and CITY OF SANTA ANA
("Defendant").
k1%"0BVVI BE 0 --1
WHEREAS, Plaintiff filed an action against Defendant in the Superior Court of the State
California, County of Orange, Central Justice Center District known as RITA MARIE GONGORA
v. CITY OF SANTAANA, et al., Case No. 30-2023-01327336-CU-PO-CJC (the "Action").
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.
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 receipt of, or in exchange for, an executed copy of a Request for
Dismissal form from Plaintiff dismissing this Action with prejudice, Defendant will make
available a check in the amount of Fifty -Thousand Dollars ($50,000.00) made payable "RITA
MARIE GONGORA AND CARPENTER & ZUCKERMAN". The City of Santa Ana will file the
Request for Dismissal following receipt of the foregoing check by Plaintiffs counsel. This monetary
amount represents a full and complete settlement of Plaintiff s claims for all damages alleged in the
Action.
4. Plaintiff agrees 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 any other claimed damages, costs, or attorney's fees in connection with the matters
encompassed in this Agreement.
Plaintiff acknowledges and agrees that Defendant has made no representations
Page 1 of 4
10. Plaintiff hereto represents and acknowledges that in executing this Agreement, she
does not rely and has not relied upon any representation or statement made by Defendant or by
any of the Defendant's 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, tern, or provision shall be deemed not to be a part of this
Agreement.
13. 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.
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.
[signatures on following page]
Page 3 of 4
PARTIES:
Plaintiff
Dated: 09 / 11 / 2024 1 - JKJP \'L f/
kITA MARIE GONGORA
Plaintiff
Defendant
Dated: b 2-0 Z,t CTI'Y OF SANTA ANA, a charter law city and municipal
corporation, duly organized and existii er the Constitution
and laws of the St, Californi
r
Iiy:
Alvaro Nunez, City Manager
ATTEST: CITY OF SANTA ANA, a charter law city and municipal
corporation, duly organized and existing under the
Constimtion and laws of the State of California
� vy
Dated: to f 1By:
� Jennifer IIa , fit Clerk
APPROVED AS TO FORM:
CARPENTER & ZUCKERMAN
Dated:
Aaron R. Sticgler
Attorneys for Plaintiff
Rita Maric Gon1lora
SONIA R. CARVALI-10
CITY ATTORNEY
Dated:9/2012024 /
tNcllcsen
istant City Attorney
Attorneys for Defendant
City of Santa Ana
Page 4 of 4
Doc ID: f�oF4tE6fl8®e�l��@r73BBf3i8a9B��88d3�Br�59mba
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Gongora. Rita 06-16-22 Release
Client re_Release.pdf
b90f436ccOe467ad588b767e3027c9d5db2514ba
MM/DD/YYYY
o Signed
0911112024 Sent for signature to Rita Gongora (ritagongora8@gmail.com)
15:19:54 UTC from smedrano@cz.law
IP: 67.159.161.130
09 / 11 12024 Viewed by Rita Gongora (ritagongora8@gmail.com)
23:53:25 UTC IP: 47.148.88.219
09112 / 2024 Signed by Rita Gongora (ritagongora8@gmail.00m)
00:06:53 UTC IP: 47.148.88.219
09 / 1212024 The document has been completed.
00:06:53 UTC
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