HomeMy WebLinkAboutSALAMONE, JOSEPH B. 1',MRANCE,iCT REWI(ED N-2026-209
V40RK IVIU PROCE'ri D
CITY CLERK
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9:CAV (61) RELEASE IN FULL SETTLEMENT AND COMPROMISE
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This Release in Full Settlement and Compromise ("Agreement"and/or"Release")is made
by Joseph B. Salamone ("Claimant") and the City of Santa Ana ("City"), with respect to
Claimant's claim against the City for its alleged violation of the Americans with Disabilities Act
("ADA") and the Unruh Civil Rights Act. Claimant and City are collectively referred to as the
("Parties"). This Agreement is entered into by the Parties on this 10t' day of August, 2026,
RECITALS
WHEREAS, Claimant alleges that on or about July 31, 2026, he contacted Santa Ana Zoo
("Zoo")staff by phone and was deterred entry to the Zoo based on an alleged City policy requiring
certification,registration, or other documentation as a condition for admission of qualified service
animals at City facilities (the "Incident"); and
WHEREAS, on August 4, 2026, Claimant presented a Government Tort Claim to the City
arising out of the Incident and asserting claims against the City; and
WHEREAS, the City disputes and denies Claimant's allegations and further disputes and
denies that it maintains any policy or practice requiring certification, registration, identification
cards, or other documentation as a condition of access or admission for qualified service animals;
and
WHEREAS, The Parties now wish to settle fully any and all claims arising from the
Incident and the Parties have reached an agreement, subject to the terms set forth herein.
AGREEMENT
Now therefore, in consideration of the promises set forth below, it is hereby agreed as
follows:
1.0 SETTLEMENT TERMS
1.1 City will pay to Claimant the total sum two thousand dollars and no cents
($2,000.00), in full and final settlement of any and all claims by the Claimant against the City,
which includes any and all attorney's fees and costs.
1.2 The total settlement sum shall be disbursed to Claimant in the form of a check made
payable to "Joseph B. Salamone," to be transmitted within thirty (30) days following the full and
complete execution of this Agreement.
1.3 Upon completion of all settlement terms,the claims and demands arising out of the
Incident, as identified above, shall be fully and finally resolved, released, and discharged in
accordance with the terms of this Agreement.
1.4 Claimant shall provide counsel for the City with an originally signed and fully
executed copy of this Agreement and Release. Upon execution of this Agreement, Claimant shall
withdraw his Government Claim arising out of the Incident, in writing, and agrees not to
commence or pursue any action or proceeding based upon any claim released by this Agreement.
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1.5 This Agreement is contingent upon approval of its terms and conditions by all City
officials or bodies whose approval is required by applicable law or City policy.
2.0 RELEASE FROM ALL CLAIMS AND LIABILITIES
2.1 Except for the obligations arising out of this Agreement, Claimant hereby waives,
releases,acquits and discharges,for all time, City of and from any and all claims,demands, causes
of action, liabilities, controversies and damages (collectively hereinafter referred to as "Claims")
whatsoever, of whatever kind or nature, whether known or unknown, contingent or liquidated,
suspected or unsuspected,which Claimants now own,hold,have or claim to have against the City,
by reason of any matter or thing alleged or referred to, directly or indirectly, or in any way
connected with or arising out of all or any of the matters, facts, events, occurrences, alleged or
referred to in the Incident identified in this Agreement or in any way associated with the alleged
incident referenced in and/or connected to the matters at issue in the Incident. It is the specific and
express intention that this Agreement dispose of all of Claimant's claims as against the City and
that the waivers and releases provided herein shall constitute, and be deemed understood and to
act, as a full release of all past,present and future claims that may arise from the herein mentioned
matters and issues as set forth in the Recitals herein or alleged or referred to in the Incident.
2.2 This release and discharge shall apply to the past, present and future officers,
officials, elected and appointed officials, City Council,police officers, attorneys, agents, servants,
representatives, employees, subsidiaries, affiliates, partners, predecessors and successors in
interest, and assigns and all other persons,firms or corporations with whom any of the former have
been, are now, or may hereafter be affiliated with the City and each of their attorneys, agents,
servants,representatives, employees,subsidiaries, affiliates,partners,predecessors and successors -
in interest, and assigns.
2.3 This release, on the part of the Claimant, shall be a fully binding and complete
settlement amongst the Claimant and the City, and their heirs, assigns and successors and
employees.
2.4 The Claimant acknowledges and agrees that the release and discharge set forth
herein is general release. Claimant expressly waives and assumes the risk of any and all claims
for damages which exist as of this date, but of which the Claimant does not know or suspect to
exist,whether through ignorance, oversight, error,negligence, or otherwise, and which, if known,
would materially affect Claimants' decision to enter into this Agreement. The Claimant further
agrees that they have accepted payment of the sums specified herein as a complete compromise of
matters involving disputed issues of law and fact. Claimant assumes the risk that the facts or law
may be other than Claimants believe.
3.0 WAIVER OF CALIFORNIA CIVIL CODE SECTION 1542
With respect to the specific subject matter of the releases set forth in Paragraph 2.0, above,
CIaimant hereby waives all rights under California Civil Code section 1542, which states in
pertinent part, as follows:
"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
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settlement with the debtor or released party."
Claimant understands and acknowledges the significance and consequence of the specific
waiver of section 1542 of the California Civil Code along with the benefit and effect of California
Civil Code section 1542 and hereby assume full responsibility for any and all injuries, damages,
losses, expenses and claims hereinafter incurred by the abovementioned disputes and/or claims.
4.0 STIPULATION RE DISMISSAL WITH PREJUDICE
Intentionally left blank.
5.0 ADVICE OF COUNSEL
In entering into this Agreement, the Claimant represents that they have relied upon the
advice of their attorneys (if any), who are the attorneys of their own choice, concerning the legal
and income tax consequences of this Agreement; that the ten-ns of this Agreement have been
completely read and that the terms of this Agreement are fully understood and voluntarily accepted
by Claimant.
6.0 ENTIRE AGREEMENT
This document contains the entire Agreement and understanding of the parties concerning
the subject matter of this Agreement, and supersedes and replaces all prior negotiations and
agreements,written or oral. Claimant acknowledges that no other party,agent,attorney,employee or representative of City has made any promise,or representation or warranty not contained herein.
This is an integrated Agreement.
7.0 WARRANTY OF NO TRANSFER
Claimant represents and warrants that no other person or entity has, or has had, any interest
in the claims demands, obligations, or causes of action referred to in this Agreement, except as
otherwise set forth herein; that Claimant has the sole right and exclusive authority to execute this
Agreement and receive the sums specified in it; and that Claimant has not sold, assigned,
transferred, conveyed or otherwise disposed of any of the claims, demands, obligations or causes
of action referred to in this Agreement.
8.0 COMPROMISE OF DISPUTED CLAIMS
Claimant understands and agrees that by payment of the settlement sums referred to in
Paragraph 1.0 of this Agreement, City does not admit any liability and that this settlement is the
compromise of doubtful and disputed claims and is made solely to avoid the cost and risk of
continued litigation.
9.0 INDEMNITY AND HOLD HARMLESS
Claimant agrees to indemnify and defend the City against, and will hold and save them
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harmless from,any and all third-party actions, suits,claims, liens, damages to persons or property,
losses, costs, penalties, obligations, or liabilities, that may be asserted or claimed by any person,
firm or entity against the settlement proceeds being paid to Claimant under this Agreement.
10.0 NO OTHER PENDING ACTIONS
Claimant represent that they have not filed any complaints or charges (other than the
government tort claim resulting from the Incident described above)against the City with any local,
state or federal agency or court; and that if any such agency or court assumes jurisdiction of any
complaint or charge against the City and/or the City's predecessors, successors, heirs, or
shareholders, officers, directors, agents,police officers, attorneys, subsidiaries, or corporations or
organizations, whether previously or hereafter affiliated in any manner, on behalf of Claimant,
whenever filed, Claimant will request such agency or court to withdraw and dismiss the matter
with prejudice forthwith.
11.0 CONFIDENTIALITY
11.1 This settlement is confidential (to the extent permitted by the California Public
Records Act ("CPRA"). Claimant and their attorneys agree that neither they nor their
representatives, shall reveal to anyone, other than as may be mutually agreed to in writing, any of
the terms of this Release nor the amount of any sums payable to Claimants hereunder.
11.2 The only exceptions to this confidentiality provision are that: (1) the City of Santa
Ana, as a public entity, may be required to divulge some limited information related public record
documents and information contained therein, or as otherwise required or permitted by the CPRA or other law; (2) that the Parties may disclose this Release in any litigation in which the terms of
this Release are at issue; and (3)the Parties may make such disclosures concerning the settlement
to their administrators, auditors,tax professionals, attorneys or insurers, as required.
11.3 It is specifically agreed and understood that the legal requirements, including but
not limited to the CPRA, under which the City of Santa Ana is or may be required to disclose
information about this settlement is not a breach of this confidentiality provision.
12.0 COUNTERPARTS
This Agreement may be executed in counterparts and shall be effective when fully signed
by the Claimant and their legal representatives.
13.0 CITY POLICY ACKNOWLEDGMENT (SERVICE ANIMALS)
Claimant acknowledges that, through this Agreement, he has been advised of the City of
Santa Ana's official policy concerning service animals. Consistent with Title II of the Americans
with Disabilities Act and 28 C.F.R. sections 35.104 and 35.136, the City permits an individual
with a disability to be accompanied by a qualified service animal in areas of City facilities open to
the public, subject to the limitations authorized by law. When it is not readily apparent that a dog
is a service animal, City personnel may ask only: (1) whether the dog is required because of a
disability;and(2)what work or task the dog has been trained to perform.The City does not require
certification, registration, identification cards, medical documentation, training records, or other
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documentation establishing that the animal has been certified, trained, or licensed as a service
animal.
IN WITLESS WHEREOF, the parties have executed this Agreement the day and year first
above written.
ATTEST: CITY OF SANTA AN
Jennif L. 11 Alvaro Nunez
City City Manager
APPROVED AS TO FORM: CLAIMANT:
SONIA R. CARVALHO
City Attorney
Jonathan T. Martinez Joseph B. Sa amone
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Kathryn owns
Assistant City Manager
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