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Home My WebLink AboutORENDAIN, MARIA LUISAh C(i Vill q SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS A -2015 -001 This Settlement Agreement and Release of All Claims (hereinafter "Agreement ") is made and entered into by and between MARIA LUISA ORENDAIN ( "Plaintiff') and CITY OF SANTA ANA (hereinafter referred to as 'Defendant "). WITNESSETH: WHEREAS, Plaintiff filed an action against the Defendant in the Orange County Superior Court known as MARIA LUISA ORENDAIN V. CITY OF SANTA ANA Case No. 30- 2013 - 00692046, for personal injuries, WHEREAS, Defendant denies such allegations, and WHEREAS, Plaintiff and the Defendant 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, and to avoid unnecessary litigation, it is hereby agreed by and between the parties as follows: FIRST: This Agreement and compliance with this Agreement shall not be construed as an admission by the Defendant of any liability whatsoever. 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 the 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. SECOND: (a) Plaintiff will sign a Request for Dismissal of the Entire Action with Prejudice form dismissing Case No.: 30- 2013 - 00692046 as to Defendant, CITY OF SANTA ANA, in its entirety. (b) Upon receipt of an executed Request for Dismissal, Defendant CITY OF SANTA ANA will deliver to Plaintiffs counsel, a check in the amount of TWENTY -TWO THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($22,500.00) in full and complete settlement of all claims made against CITY OF SANTA ANA, et al. in this litigation. The check will be payable to "MARIA LUISA ORENDAIN AND BARNETT & BARNETT" This amount is in full and complete settlement for Plaintiff's claims for all damages alleged in the above - referenced Complaint. (c) Plaintiff MARIA LUISA ORENDAIN agrees that the foregoing dismissal constitutes full and complete settlement of all claims made in this litigation. Plaintiff will not seek any further compensation for any other claimed damage, costs, or attorney's fees in connection with the matters encompassed in this Agreement. (d) Plaintiff acknowledges and agrees that the Defendant has made no representations to her regarding the tax consequences of any amounts received by her pursuant to this Agreement. Plaintiff agrees that she and she alone is liable for all taxes, if any, which are owed by her on any amount received hereunder including interest and penalties. Plaintiff will hold the Defendant harmless 'from any and all claims made by federal, state, or local taxing authorities or lien holders against Plaintiff on amounts owed by her. THIRD: Plaintiff represents that, with the exception of Case No, 30- 2013- 00692046 she has not filed any complaints, claims, or actions against Defendant with any state, federal, or local agency or court and that she will not do so at any time hereafter as it relates to this action and that if any agency or court assumes jurisdiction of any complaint, claim, or action against the Defendant on Plaintiff's behalf, Plaintiff will direct that agency or court to withdraw and dismiss with prejudice the matter. FOURTH: Plaintiff represents and warrants that no portion of any claim, right, demand, action or cause of action that she has or might have against Defendant or any portion of any recovery or settlement to which she may be entitled from Defendant, has been assigned or transferred to any person, entity or corporation in any manner, including by way of subrogation, transfer or operation of law. In the event that any claim, demand, suit or lien has or should have been made, is instituted against the Defendant because of any such purported assignment, subrogation, transfer or lien, Plaintiff agrees to indemnify and hold harmless the Defendant against any such claim, suit, demand, and to pay and satisfy any such claim, suit, demand or lien, including expenses of investigation, attorney's fees and costs. FIFTH: The Plaintiff hereby agrees that all rights under Section 1542 of the Civil Code of the State of California are hereby waived. Civil Code Section 1542 provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." SIXTH: Notwithstanding the provisions of Civil Code section 1542, Plaintiff hereby irrevocably and unconditionally releases and forever discharges Defendant and its successors and assigns and all persons acting by, through, under, or in concert with Defendant from any and all charges, complaints, claims, and liabilities of any kind or nature whatsoever, known or unknown, suspected or unsuspected (hereinafter referred to as "claim" or "claims ") which the releasing party at any time heretofore had or claimed to have or which the releasing party at any time hereafter may have or claim to have, incidental to the incident(s) which form the basis of this lawsuit. SEVENTH: Plaintiff represents that she has reviewed all aspects of this Agreement, that the Agreement has been carefully read and fully explained to her and that she understands all the provisions of this Agreement, that she understands that in agreeing to this document she is releasing Defendant from any and all claims she may have against the party released, that she voluntarily agrees to all the terms set forth in this Agreement, that she knowingly and willingly intends to be legally bound by the same, that she was given the opportunity to consider the terms of this Agreement and discussed them with legal counsel. EIGHTH: The Parties hereto represent and acknowledge that in executing this Agreement they do not rely and have not relied upon any representation or statement made by any of the parties or by any of the parties' 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. NINTH: 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. TENTH: 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, term, or provision shall be deemed not to be a part of this Agreement. ELEVENTH: This Agreement sets forth the entire agreement between the parties hereto and (ally supersedes any and all prior agreements or understandings, written or oral, between the parties hereto pertaining to the subject matter hereof. TWELVTH: 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. PARTIES: Dated: January_, 2015 Dated: January_, 2015 ATTEST: Dated: J 'W�, 2015 [CONTINUED ON NEXT PAGE] MARIA LUISA ORENDAIN, Plaintiff DAVID CAVAZOS City Manager, City of Santa Ana _OaI46 * MARIA D. H[IIZAR Clerk of the Council, City of lanta Ana JAN/28/2015/WED )5:�p PM :aaos ;vo nH.L�9T0ZA/6z�TO D8T£'ON r,UU :HAr3DdH remaining parts, terms, or provisions shall not be affected thereby, and said illegal, unenforceable, or invalid part, term, or provision shall be deomed'not to be apart of This Agreen ent. ELEVENTH: This Agreement sets forth the entire egreemunt between the parties hereto and fully supersedes any and all prior agreements or understandings, written or oral, between the patties hereto pertaining to the subjeot matter hereof. TWELVTH: This Agreement shall be interpreted in accordance with the plain meaning of its terms and not strictly for or against any of the parties hereta. P AFRTIM Dated: 7anuary .21 , 2015 Dated: 7anuary _ 2015 ATTEST: Dated: itmilary 4 2015 [CONTDXBI) ON NEXT PAGE) ARIA LUISA T NI),'rrN, Plaintiff J DAV11) AVAZOS City Manager, City of Sat, ca Ana MAIA D. FMZAR Clerk of the Council, City of anta Ana JAN /28/2015/AD 05;06 PM APPROVED AS TO FORM: Dated: January, 201 S WdZ4:ZT IH3 /sTOZ /OE /TO E Z E'ON :EAIEDEH PAX No. P, 006 BARNETT & BARNE ",i T r SI WA81, ESQ. Attorney for Plaintiff, 1v? ARIA LUTSA ORENDAIN SANTA CARVALMO City Attorney City of Sancta Ana Dated: 7anuary J 2015 By: SANDRA M, SCHWARWA1NN Senior Assistant City Atiomey Attomeys for Defendant, CITY OF SANTA ANA APPROVED AS TO FORM: Dated: January _, 2015 BARNETT & BARNETT Dated: January,1A 2015 By: SLIMAN NAWABI, ESQ. Attorney for Plaintiff, MARIA LUISA ORENDAIN SONIA CARVALHO City Attorney City of SagtE Ana r DRA M. SCHWARZMANN enror Assistant City Attorney Attorneys for Defendant, CITY OF SANTA ANA