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HomeMy WebLinkAboutREID, MADELINE Vinesign Document ID: 300602D2-1 DF4-468F-A3C4-8F547B6627DE N-2026_0% INSURANCE NOT REQUIRED Return FULLY EXECUTED VgORK MAY PROCEED Copy to City Clerk, M-30 CITY CLERK DATE:MAR 0 5 ?P` SETTLEMENT AGREEMENT ` 't ppi r-y AND GENERAL RELEASE v�Fer nagdE2 j 'ton.4VIC)iT6rKevgt(01) This Settlement Agreement and General Release ("Agreement") by and between Madeline Reid (referred herein as "Plaintiff'), the City of Santa Ana, and Santa Ana School District (collectively "Defendants") effective as of the date it is executed the Parties ("Effective Date"). Plaintiff and Defendants may be referred to herein individually as a "Party" and collectively as "the Parties." RECITALS A. Plaintiff filed a Complaint on or about March 17, 2025, Case Number 30-2025- 01467720-CU-PO-NJC ("Action"). The Action related to claims of premises liability, general negligence, and dangerous condition of public property. The allegations contained in the Action are incorporated by reference in these Recitals. B. Plaintiff and Defendants are desirous of adjusting and finally settling any and all existing or potential claims, contentions and disputes between each other, their agents, attorneys, servants, employees and assigns, as more fully set forth below, for any event or occurrence in any way related to the matters set forth in the Action, such that a full, final and complete resolution of any claims between the Parties may be effected. C. All Parties desire to be released from any present and potential liability or obligation and desire to compromise all disputes and claims arising between them in consideration of the benefit to be received from avoidance of any further expenses and costs of litigation and agree to enter into this Agreement. D. Although each Party disputes any claims the other Party may allege for relief, damage, fees, costs, or expenses arising out of the incident alleged in the Action, and specifically denies any liability therefor, the Parties desire to avoid the risks and expenses attendant to litigation and to reach a compromise and settlement of all matters, claims, and causes of action on the terms described herein. As set forth below, the Parties wish to forever release, waive, and discharge all claims whatsoever they have against each other resulting from, or in connection with, the foregoing allegations, in exchange for the consideration set forth below as currently constituted as of the date of execution of this Agreement, and with no modifications now or in the future. TERMS OF AGREEMENT NOW, THEREFORE, for and in consideration of the foregoing Recitals, and of other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties to this Agreement agree as follows; I. Payment, Defendants will pay Plaintiff the total sum of Thirty-Five Thousand Dollars and Zero Cents ($35,000.00)to resolve this matter ("Settlement Payment"). Such sum shall be in a settlement check or multiple settlement checks made payable to MVP Trial Lawyers Client Trust Account FBO Madeline Reid. Santa Ana Unified School District shall pay twenty thousand and zero cents towards the Settlement Payment, and the City of Santa Ana shall pay fifteen thousand and zero cents towards the Settlement Payment. 2. Disbursement. Defendants shall issue the Settlement Payment no later than thirty (30) days following the effective date of this Agreement. I The signed document can be validated at httpsa/app.vinesign.com/Verify 3. Dismissal of Complaint. Plaintiff will dismiss the Complaint, with prejudice, within five (5)business days of the payment of the Settlement Check. 4. Board Approval. The parties understand that this Agrement is subject to board approval. This agreement shall be null and void in the event either of Defendants' boards reject this Agreement. 5. Attorneys' Fees & Costs. Except as otherwise provided for in this Agreement, the Parties, and each of them, shall bear their own costs, expenses and attorneys' fees in connection with this Agreement. 6. Settlement Based on Objective Analysis. The Parties to this Agreement acknowledge that the Agreement is based upon an analysis of the rights and liabilities of the Parties, and was made after due consideration of those rights and liabilities, as well as the costs of future litigation in the Action. 7. No Admission of Liability. Nothing in this Agreement shall be deemed or construed to be an admission of wrongdoing or liability on the part of any of the Parties hereto, and such liability or wrongdoing is specifically denied. The Parties have maintained and continue to maintain that their actions were and are lawful and proper. 8. Release of Defendants. (a) Except as expressly provided herein, Plaintiff hereto releases, acquits and forever discharges Defendants and their respective parent corporations, affiliated and subsidiary corporations, its predecessors, successors and assigns, and its officers, directors, agents, attorneys, employees, insurers and heirs from all claims, losses, causes of action, costs, expenses, attorneys' fees, liability (whether statutory, equitable or legal), indemnities, subrogations, duties and any and all obligations of every nature, character and description whatsoever, at law or in equity, known or unknown, whether she ever had, now has, or may in the future have or acquire, arising out of, concerning, pertaining to, or connected with, any and every matter or things whatsoever, which occurred,were done, omitted or suffered to be done prior to the date hereof. (b) Plaintiff agrees to refrain and forebear from commencing, instituting, amending or prosecuting any lawsuit, action or other proceeding,judicial or administrative, of any kind whatsoever, except as expressly provided herein, against Defendants, based upon suits, claims, disputes, demands, debts,judgments, liens, liabilities, obligations, losses, costs, expenses, attorneys' fees, actions,or causes of action released by the terms of this Agreement. 9. Waiver of Civil Code § 1542. The Parties voluntarily and unconditionally waive each and every right that the Party has or may have under § 1542 of the Civil Code of the State of California, and any similar law of any state or territory of the United States. Section 1542 provides: C.C. § 1.542. CERTAIN CLAIMS NOT AFFECTED BY GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. 2 10. Further Documents/Acts. Each and every Party to this Agreement agrees to execute any further documents and accomplish such acts as may be necessary in order to give effect to any of the intentions expressed in this Agreement. 11. Promises Not to Prosecute/Warranty of No Pending Claims. Plaintiff warrants and represents that, other than the Action, Plaintiff has not contacted any governmental agency for the purpose of initiating a claim against Defendants or reporting potential legal violations by Defendants. Plaintiff promises not to contact any governmental agency for the purpose of malting a claim against Defendants or reporting alleged violations of law by Defendant. Plaintiff represents and warrants that all other Claims have settled, adjudicated, or resolved and will promptly be dismissed with prejudice. 12, Mon-Disparagement of Defendants. Plaintiff agrees that Plaintiff will not intentionally defame, disparage, or cause disparagement to Defendants at any time following the execution of this Agreement. This restriction applies to any statements, oral, written, or otherwise, made to any third party, including but not limited to parents, students, vendors, contractors, public agencies, or members of the community. Specifically, Plaintiff agrees not to engage in any act or say, publish or disseminate anything (either directly or by or through another person) that is intended, or may reasonably be expected, to harm Defendant's reputation, operations or any of its future predecessors, successors or current and future parents, affiliates, subsidiaries, divisions, or partners (whether general or limited), its students, its employees, officers, directors, administrators, board members, community members, or governmental agencies. Plaintiff agrees that this restriction is reasonable and is part of the consideration exchanged herein and was a material reason for Defendant to settle. 13. Enforcement of Non-Disparagement. The Parties agree that the breach or threatened breach of Paragraph 12 of this Agreement shall cause the non-breaching Party to suffer irreparable harm. In addition to all other remedies that the non-breaching Party may have at law or in equity for breach of this Agreement, the non-breaching Party shall have the right to injunctive relief. The provisions in this Paragraph shall apply only to breaches or threatened breaches of Paragraphs 12 of this Agreement and shall not apply to any other paragraphs of this Agreement. 14. No Representations Regarding the Taxability of Settlement Payments. Defendant makes no representations regarding the taxability or legal effect of the Settlement Payments, described in Paragraph 1, above, and Plaintiff is not relying on any statement or representation of Defendant in this regard. Plaintiff will be solely responsible for the payment of any taxes and penalties assessed on the Settlement Payments, and will defend, indemnify, and hold Defendant free and harmless from and against any claims relating to the taxability, if any, of the Settlement Payments. 15. Medicaid Liens. Plaintiff and Plaintiff's Counsel represent and warrant that no Medicaid payments have been made to or on behalf of Plaintiff and that no liens, claims, demands, subrogated interests,or causes of action of any nature or character exist or have been asserted arising from or related to Defendant or its parent corporations, affiliated and subsidiary corporations, its predecessors, successors and assigns, and its officers, directors, agents, attorneys, employees, insurers and heirs (collectively herein referred to as "Released Parties"). Plaintiff and Plaintiff's Counsel further agree that Plaintiff, and not Released Parties, shall be responsible for satisfying all such liens, claims, demands, subrogated interests, or causes of action that may exist or have been asserted or that may in the future exist or be asserted with respect to the Released Claims. 3 16. Medicare Liens. Plaintiff agrees to indemnify and hold harmless Released Parties from any and all claims, demands, liens, subrogated interests, and causes of action of any nature or character that have been or may in the future be asserted by Medicare and/or persons or entities acting on behalf of Medicare, or any other person or entity, arising from or related to this Agreement, the payment of the Settlement Amount, any Conditional Payments made by Medicare, or any medical expenses or payments arising from or related to any Released Claims that are subject to this Agreement or the release set forth herein, including but not Iimited to: (a) all claims and demands for reimbursement of Conditional Payments or for damages or double damages based upon any failure to reimburse Medicare for Conditional Payments; (b) all claims and demands for penalties based upon any failure to report, late reporting, or other noncompliance with or violation of Section 111 of MMSEA that is based in whole or in part upon late, inaccurate, or inadequate information provided to Released Parties by Plaintiff or Plaintiff's Counsel or upon any failure of Plaintiff or Plaintiff's Counsel to provide information; and (c) all Medicaid liens. This indemnification obligation includes all damages, double damages, fines, penalties, attorneys' fees, costs, interest, expenses, and judgments incurred by or on behalf of Released Parties in connection with such claims, demands, subrogated interests,or causes of action. 17. Responsibility of Known and Unknown Liens. Plaintiff or Plaintiff's Counsel agree to satisfy any and all outstanding liens that have been incurred by or on behalf of the Plaintiff as a result of these Actions, including but not limited to any legal, medical or employment-related liens. Plaintiff is solely responsible for the payment of any liens which have been, are now, or in the future may be placed on the settlement proceeds of this Agreement. In the event that any lien holder institute, assert, or make a claim against Defendant for any claims arising from the Released Claim or Action, Plaintiff agrees to indemnify, defend and hold harmless Defendant, their insurance carriers, attorneys, affiliates, employees, directors and officers, whether present or former, for any and all damages, actions, claims, or demands. The duty to defend and indemnify shall arise immediately upon tender of the claim by Defendant. Plaintiff agrees to indemnify, defend, and hold harmless Defendant from any and all claims, demands, liens, subrogated interests, and causes of action of any nature or character that have been or may in the future be asserted by Medicare and/or persons or entities acting on behalf of Medicare, or any other person or entity arising from or related to this Agreement, the payment of the Settlement Sum, any conditional payments made by Medicare or any other medical expenses or payments arising from or related to any alleged accident, occurrence, injury, illness, disease, loss, claim, demand or damages that are subject to this Agreement or the release set forth herein, including but not limited to (a) all claims and demands for reimbursement of conditional payments or for damages or double damages based upon any failure to reimburse Medicare for conditional payments; (b) all claims and demands for penalties based upon any failure to report, late reporting, or other noncompliance with or violation of MMSEA Section 111 that is based in whole or in part upon late, inaccurate, or inadequate information provided to Defendant by Plaintiff, or upon a failure of Plaintiff to provide information, and (c) all Medicaid liens. The indemnification obligation includes all damages, double damages, fines, penalties, attorneys' fees, costs, interests, expenses, and judgments incurred by or on behalf of Defendant in connection with such claims, demands, subrogated interests, or cause of action. 18. Reliance on Advice of Counsel. Each Party to this Agreement further acknowledges by executing this Agreement that the Party has, or has been advised to speak independently with counsel prior to executing this Agreement, and has had an adequate opportunity to consult with legal counsel, and has executed this Agreement with full knowledge of its meaning and effect, 19. Subsequent Facts. Plaintiff acknowledges that Plaintiff may hereafter discover facts different from and in addition to those now known or believed to be true in entering into this 4 Agreement. Plaintiff expressly agrees to assume the risk of the possible discovery of additional or different facts, including facts which may have been concealed or hidden and agrees that this Agreement shall remain effective in all respects regardless of such additional or different facts. If any subsequent facts are discovered, Plaintiff shall not be entitled to any relief in connection therewith, including,without limitation, any alleged right to set aside or rescind this Agreement. 20. Full Defense. This Agreement may be pleaded as a full and complete defense and may be used as a basis for an injunction against, or stay and dismissal of, any action, suit or other proceeding which may be instituted,prosecuted or attempted by Plaintiff. 21. No Duress. Each Party hereto acknowledges that such Party understands this Agreement and has entered into it of such Party's own free will and not under duress of any kind. 22. No Assignments. The Parties releasing claims herein each warrant that they have made no assignment and will make no assignment of any claim, cause of action or right of any kind whatsoever released by this Agreement, that no other person or entity of any kind has, or has had, any interest in any of the claims, demands, obligations, actions or causes of action, debts, liabilities, rights, contracts, damages, attorneys' fees, costs, expenses, losses or claims released herein and that no complaint or claim has been filed with any court, administrative agency or regulatory body. Plaintiff represents and warrants that Plaintiff has the sole right and exclusive authority to execute this Agreement and receive the sums specified herein. 23. Authorized Signatory. Each of the undersigned represents and warrants, by executing this Agreement, that such Party is authorized to enter into this Agreement and agrees to be bound by all the terms and conditions of this Agreement. 24. Agreement Deemed Prepared !a Each Party. Each Party to this Agreement, by the execution of this Agreement, acknowledges that this Agreement shall be deemed to be prepared by each and every Party hereto. 25. Modified Only by Writing. This Agreement may only be modified or changed by a writing signed by each and every Party hereto. 26. Construed Under California Law. This Agreement shall be construed and interpreted according to the laws of the State of California. 27. Venue. The Parties to this Agreement hereby agree that the proper venue for any lawsuit or other proceeding arising out of the terms of this Agreement or any Party's rights under this Agreement shall be Orange County, California. 28. Effect of Separate Provisions. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable,the remaining provisions shall remain in full force and effect, and shall, in no way, be affected, impaired or invalidated. 29. Multiple Copies. This Agreement may be executed in multiple copies, each of which shall be deemed to be an original. 30. Complete and Final Agreement. This Agreement contains the complete and final agreement between the Parties, and shall be binding upon and shall inure to the benefit of each Party's heirs, successors, legal representatives, parent, subsidiary and affiliated corporations, and their predecessors, successors and assigns. The terms, conditions and agreements contained in this Agreement constitute the entire agreement between the Parties hereto, and except as expressly stated herein, there are no other agreements, whether oral or written, between the Parties. No oral representations or agreements shall be considered as part of this Agreement, and this Agreement supersedes all prior and contemporaneous oral and written agreements and discussions. 5 ALL PARTIES HAVE READ THIS AGREEMENT COMPLETELY AND HAVE HAD THEIR ATTORNEYS EXPLAIN IT TO THEM. THE PARTIES FULLY UNDERSTAND THE CONSEQUENCES AND EFFECT OF THIS AGREEMENT AND ITS SIGNIFICANCE ON THE RELEASE OF ALL CLAIMS EACH MAY HAVE AGAINST THE OTHER, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN. IN WITNESS WHEREOF, each of the undersigned has executed.this Agreement consisting of seven (7) pages, including signature pages, as of the year and date shown opposite the Party's name. 02/26/2026 DATED: _ .. ,2026 PLAINTIFF MADELINE REID By:Madeline Reid DATED: 3—*-,2026 DEFENDANT SANT ANA SCHOOL DIST Y• DATED: 2026 DEFENDANT CITY OF SANTA ANA By: 6 ALL PARTIES HAVE READ THIS AGREEMENT COMPLETELY AND HAVE HAD THEIR ATTORNEYS EXPLAIN IT TO THEM. THE PARTIES FULLY UNDERSTAND THE CONSEQUENCES AND EFFECT OF THIS AGREEMENT AND ITS SIGNIFICANCE ON THE RELEASE OF ALL CLAIMS EACH MAX HAVE AGAINST THE OTHER, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN. IN WITNESS WHEREOF, each of the undersigned has executed this Agreement consisting of seven (7) pages, including signature pages, as of the year and date shown opposite the Party's name. 02/26/2026 DATED: ,2026 PLAINTIFF MADELINE REID —m6T*�%L By: Madeline Reid DATED: , 2026 DEFENDANT SANTA ANA SCHOOL DISTRICT By: DATED: 5 . 2026 DEFENDANT CITY OF SANTA ANA By: 4ori Sc4j to L&,r ATTEST: citM Hall 6