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Home My WebLink AboutDANOFF, EDWARD ��ialt�,Ai;C I'X FFQ iIRFD lv-zo2s-z71 411CRi�(hr�tY 1'i�OCFED 01 TiY C1.Eltili DATE: NOV 0 3 2025 DA0(m) Suzanne.St.Ottt4 f SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Tonathe�n rsrrk4,urst(ozl This Settlement Agreement and Release of All Claims("Agreement") is made and entered into by and between ED DANOFF("Plaintiff") and the CITY OF SANTA ANA, SERGIO VERINO, SONIA R. CARVALHO, KYLE C.NELLESEN, VALERIE AMEZCUA, THAI VIET PHAN, JESSIE LOPEZ, JOHNATHAN RYAN HERNANDEZ,BENJAMIN VAZQUEZ, PHIL BACERRA, DAVID PENZLOZA, SHERI L. FREIDENRICH and SLS PROPERTY SOLUTIONS, INC., (collectively,"Defendants"). WITNESSETH: WHEREAS, Plaintiff hied an action against Defendants in the Superior Court of the State California,County of Orange, Central Justice Center known as EDWARD R.DANOFF JR. v. CITY OF SANTA AN&et al.Case No. 30-2023-01342283-CU-CR-CJC(the"Action"). WHEREAS, Plaintiff 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 above. WHEREAS,the Court granted Defendants' Anti-SLAPP Motion in favor of Defendants represented by the City of Santa Ana and against Plaintiff on February 14,2025. WHEREAS,Defendants filed a Motion for Statutory Attorney's Fees that is set to be heard on September 15,2025, as a result of prevailing on the Anti-SLAPP Motion. WHEREAS,Plaintiff filed his Notice of Appeal on April 7,2025. WHEREAS, Defendant SLS Property Solutions,Inc. filed a Demurrer that is to be heard on November 10, 2025, and an Anti-SLAPP Motion that is to be heard on September 29, 2025. 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 Plaintiff or any person, violation of any order, law,statute,duty, or contract whatsoever against Plaintiff or any person. Defendants 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 Defendants. Likewise, this Agreement and compliance with this Agreement shall not be construed as an admission by Plaintiff of any liability,misconduct, or wrongdoing whatsoever. Likewise this Agreement and compliance with this Agreement shall not be construed as an admission by Plaintiff that Defendants did not violate the rights of Plaintiff. 2. Each party will exchange a fully signed executed copy, or original,of this Agreement. 3. Plaintiff hereby agrees to dismiss the entire action against all Defendants with prejudice and further agrees to dismiss the pending Appeal Case No. G065380 and will forever relinquish any and Page 1 of 4 V fill rights to appeal or otherwise challenge any appealable issues arising in and from this Action in any court,tribunal, or administrative forum. 4 In exchange; for Plaintiff's dismissal and release set forth above, Defendants hereby agree to waive, release and forever relinquish any and all claims for malicious prcisectrtion,abuse of process, slander, libel or any other cause of action,as well as attorney fe:cs and costs arising in and from this,Action as it result of Plaintiff filing the underlying Action. 5. Upon receipt of ar fully-executed copy of this Agreement, Platintiff grill provide Defendanus with a fully executed Request for Dismissal of the entire action with prejudice;and Defendants will withdraw all pending; motions and demurrers that are on calenclar in this Action. Further, Plaintiff will rile a Request for Dismissal ol'Appeal in Case No. 0065380. E. Neither Plaintiff nor Defendants has agreed to pay any ebonies to (lie other in connection with this Agreement. gather, the mutual consideration for entering, into this Agreement consists of Plaintiff's Dismissal of (lie entire Action and pending appeal, and Defendants' waiver of all claims for Attorney Fees and casts arising from this litigation. 7. The Parties agree that this Agreement constitutes a full and complete settlement of all issues and claims made by and between plaintiff and Defendants in this Action, The Parties ngroc That neither shall seek or recover arty compensation from each rather of any type wvhatsoevor, including fbr claimed danwages, costs, or attorney's fees in connection with the matters encompassed in this Agreement. S. Plaintiff represents drat, with the exception ol'this Action and the government tort claims assss;aciated therewith and submitted to the City of Santa Ana, he has not Mod any complaints, o1uh ts, or actions against Defendants including tiny of Its officers,agents,directors,supctwisors, runiployees, or representatives of D01'elidautls with tiny state, federal, or local agency or court and than he Will not do so at ftwy time hereafter as it rolates to this Action and that if any aguney or court assumes jurisdiction of ally Complaint, clahiw, or action aglairtst Defendants rail Plaaititifi's behalf, Plaintiff will direct that agolicy or court to withdrawn and dismiss the ranter Willi prgjudlcu. 9, fl'atch person signing below represents that lltey havo reviewed fill aspeets oaths Agreement, than the Agrccniont his been carefully read and Nlly explained to (honi and t1la(they understand overy provislon of (his Agreement, that they understand that in agreeing to this document Choy are releasing each party hereby from any attd al I elalnls they titaty have against caul) party roloawd, than they voluntarily agree to all the terms sot forth in this Agreement, that they knowingly till([ willingly laytend to be legally bound by the same, than they wore givan ilia opportunity to consider the terms of this Agreement and discussed them with !egad counsel. Mach party hereby warrants (hat they have tilt;atuthorlty to enter into this Agrerernant and bled the party and individuals for wvhow benefit they execute this Agreement. 10. The Parties hereto represent and acknowledge that in exactiting this Agreement they do not rely and have not rolled upon any representation or statement made by any of the;Partics or by tiny of tits Parties' agents, attorneys, or reprosentatives with regard to the Subject niftier, basis, or cflect of Page 2 of 4 this Agreement or otherwise, other than those specifically stattcd in this Agreement. 11, 'Phis Agreement shall be binding upon the Parties hereto and upon their ltcirs, administrators, representatives, executors, predecessors, successors, and assigns, and shall inure to the benefit of said Parties and each of them and to their heirs, adminlstrwors, 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 tint 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 superseder ativ and all prior our ements or understandings,written or oral,between the Parties pertaining to the stlbiect 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 Patties hereto, 15. This Agreement may be executed in counterparts, secured via e-mail, t`acsimile transmission or otherwise, each of which shall be deemed to be an original. Photocopies of arty executed counterpart shall have the same force and effect as an original.. PARTIES: f'l;�intit'1. Dated: 9/11/2025 Edward R. Danoft;JR. Plaintiff Defendants Dated: LS roperty Solutions, Itic. Page 3 oft fry/ Dated: ,� rZ d 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 ,j if Dated: City Cler APPROVED AS TO FORM: WOLFENZON ROLLE Dated: 10/20/2025 'BRUNO WOLFENZON Attorney for Defendant SLS Property Solutions, Inc. SONIA R.CARVALHO CITY A ORNEY Dated: 10/30/2025 10 A R. TERKEURST Tsistant City Attorney Attorneys for Defendants Page 4 of 4