Loading...
HomeMy WebLinkAboutSTONE, DAVID - 2015A- 2015 -085 RPR -20 -2215 00:52 FRaM:LEGAL DCCd*IENT ASSSS 71g6907722 7(7:19497273660 P.2�7 i MUTUAL RELEASE AND SETTLEMENT AGREEMENT Y THIS MUTUAL .RELEASE AND SETTLE 'ENT AGREEMENT ( "Agreemen.t ") is entered into this A day of 2015 by and between David Stone ("Plaintiff"), the City of Santa Agra (" ity"), and Green Giant Landscape, Inc, ( "Green Giant "), collectively referred to as the "Parties ". RE CITATIONS AND REFRESENTATI:GNS WHEREAS, on or about Dcecntbcr 30, 2013, Plaintiff' commenced an action against City in the Superior Court, State of California, County of Orange, Case No. 30- 2013 - 00695626 ( "the Lawsuit "), and WHEREAS, City fled a cross - complaint seeking indemnification from Green Giant; and WHEREAS, the Parties desire to discharge all claims, demands, liabilities, and causes of action against one another, as of the effective date of this Agreement, including but not limited to any and all claims, demands, liabilities, and causes of action in any manner based upon or arising out of the subject matter of the Lawsuit; and WI3EREAS, the Parties wish to reduce to writing the full terms of their agreement. RELEASE NOW, THEREFORE, in consideration of the following respective provisions and covenants, the Parties hereto agree and release one another as follows; B_6 : This Agreement and compliance with this Agroomont shall not be construed as an admission by the Defendants and of any liability whatsoever, or as an admission by the 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 parson, Thu Defendants specifically disclaim any liability to Plaintiff, to each oilier, 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, agents of the City of Santa Ana and Gram Giant Landscape, Likewise, this i WWI Release and Settlement Agreement Docuamni No. 25415 APR - 20-2015 00:53 FROM:LECAL DOCUMENT ASSI6 7146907722 TO:19497273660 P.3/7 Agreement and compliance with this Agreement shaft not be construed as an admission by Plaintiff of any liability, misconduct, or wrongdoing whatsoever, E OND: (a) Plaintiff will sign a Request for Dismissal of the Lndre Action with Prejudice form dismissing the above entitled case, (b) Defendants will notify Plaintiff s attorney when the settlement checks are ready. Thereafter, Plaintiff's attorney will send Defendants a fully signed original of this Agreement, and an executed original Request for Dismissal form, In turn, each Defendant will send via overnight mail to Plaintiffs counsel, a check in the amount of fifteen thousand dollars ($15,000,00) in full and complete settlement of all claims made against each respective •Defendant in the Lawsuit. Pach check will be made payable to "David Stono and his attorney of record, the Law Offices of David Craudall." The amounts described herein arc in full and comploto settlement for Plaintiffs claims for all damages alleged in the above - entitled action, (e) Defendant City sign a Request for Dismissal with Prejudice form dismissing its Grass - Complaint in the above entitled case. City expressly waives any and all claims that it may have against Green Giant for express or implied indemnification arising from Groen Giant's work that is the subject of the Lawsuit, (d) Plaintiff and Defendants agree that the foregoing mutual dismissals constitute full and complete settlement of all claims made against all Parries in this litigation and encompasses any and all rights and/or claims for damages, costs, or attorney's fees in connaotion with the Lawsuit, (e) Plaintiff acknowledges and agrees that Defendants have made no representations to him regarding the tax consequences of any amounts received by him pursuant to this Agreement, Plaintiff agrees that he and be alone is liable for all taxes, if any, that are owed by him on any amount received hereunder including interest and penalties. Plaintiff will hold Defendants hamtless from any and all claims made by federal, state, or local taxing authorities or lien holders, including the holders of any .liens for medical expenses such as Kaiser Permanent®, against Plaintiff on amounts owed by him, (f) Plaintiff agrees that he shall not take any action to publicize the resolution of the Lawsuit or the terms of this Agreement, including but not limited to, speaking with the media or producing press releases. T RD: Plaintiff represents that, with the exception of the above- entitled action, he has not filed any complaints, claims, or actions against Defendants including Mutuul Rclnu:io and Settlement AVaenaeaf �• Document No, 25415 APR -20 -2015 00:53 FROM:LPGRL DOCUMENT RSSIS 7146807722 70:19497273660 R, 4,7 any of dioir officers, agents, directors, supervisors, employees, or representatives with any state, federal, or local agency or court and that he will not do so at array time lnefeafter as it rolates to the Lawsuit and that if any agency Or court assumes j4iisdlOrl0I of any complaint, claim, or action against Dorcadarils or any of them on Plahalfis behalf, Plaintiff will direct that agency or court to withdraw and dismiss will' P10judlco such a matter, 4�TM Plaintiff represents and warrants that no portion of any claim, right, demand, Mier, or cause of action that he has or might have against Defendants or atny of them, and any of their officers, agents, directors, supervisors, employees, or representatives or any portion of any recovety or settiomcut to which he may be entitled from Defendants, has boon 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 Hen (existing or potential), was instituted against the Defendants, including the officers, agents, directors, supervisors, employees, ar representatives, because of any such purported assignment, subrogation, transfer or lien, Plaintiff agrees to indeamiify and hold harmless Defendants and their officers, agents, directors, supervisors, employees, or representatives against any such ulahn; suit, domand, and to pay nod satisfy any such claim, suit, demand or lien, including exponsos of investigation, attorneys' 'foes, and costs, +IFT11h The Parties hereto hereby agree 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 or her favor at the time of executing the release, which if known by him or her must have materially Affected hl; or her settlement with the debtor." SIXTH; Notwithstanding the provisions of Civil Codc section 1542, each party hereby irrevocably and unconditionally rgleascs and forever disoharges each other party and each and oil of its officers, agonts, directors, supervisors, employe", representatives, and its successors and assigns and alt persons noting by, through, undor, or in concert with each other party from any and all chargos, complaints, claims, and liabilities of any kind or..nature whatsoever, known or unknown, suspected or unsuspected (hereinafter referred to as "claim" or "claims ") that each releasing party at any time heretofore had or claimed to have or which each releasing party at any time hereafter may have or claim to have, incidental to the Incident(s) that form the basis of the Lawsuit, Each of the Pardon acicaowledges that befit may have sustained damages, losses, coats, or expensos that- are presently anknown and unsuspected, and that such s Mutual Reteasa rand Seafamcnt Aarcement Document No. 25415 APR -20 °2015 00:53 FROM:LECRL DQCUMEIJT ASSTS 7146007722 TD:194972736rO P,5/7 damages, losses, costs, or expenses as may have been sustained may give rise to additional damage, loss, cost or expense in the future, Nevertheless, each of the Parties acknowledges that this Agreement has been negotiated and agreed upon in light of this situation, and hereby expressly waives any and all rights that he /it has under California Civil Code Section 1,542 or under any other state or federal statutes or common law principle of similar effect. St VI NTkx: Each person signing below ropresents that he /she has reviewed all aspoots of this Agreement; that the Agreement has been carefully read and fully explained to him/her and that he /she understands all the provisions of this Agreement; that he /she understands that in agreeing to this document he /she is releasing each party hereby from any and all claims he /she may bave against each party released, Hutt b0/she voluntarily agrees to all the terms act forth in this Agreement; that he /she knowingly and willingly intends to be legally bound by the same; and that he /she was given the apporttmity to cunsidur the terms of this Agreement and discussed them with legal counsel, EI, Gam: The Parties hereto represent and acknowledge that in executing this Agrcontcnt 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 statod in this Agrooment, NINT9: All Parties to this Agreement shall bear their own respective costs of suit and attorneys' fees related to the Lawsuit. TTlli rlj: The .Parties each agree that, in the event of any breach of this Agreement, the aggrieved party shall be entitled to recover from the party who breaches, in addition to any other relief provided by law, such. costs anti expenses as may be incurred by said party, includipg oourt costs, attorneys, fees, and other costs and expenses, taxable or otherwise, reasonably necessary in preparing the defense of, defending against, or seeking or obtaining an abatement of,, or an injunction against, ouch action or proceeding, or in enforcing this Agreement, or in establishing or maintaining the applicability of, or the validity of, this Agreement, or any provision thereof, and In the prosecuting any counterclaim or cross - complaint based thereon, l+':C,T+JWNTtt: This Agreement shall be binding upon the Parties hereto and upon their hoir8, administrators, reprosentatives, executors, predcOMOM, aaecessors, and assigns, and shill inuro to the benefit of said Parries and each of thern and to their heirs, administrators, representatives, executors, predecessors, successors, and assigns. 4 A9uhxttl rte(cnae�and 5aaleman(Agreement ➢ocamCnt Na, 25415 RPR-20-2015 00:54 FfRnN:LEGRL DDCWENT ASSTS 7146907722 TD:19497273660 P.6/7 J3L1LLT—'TJj; Should any provision of this Agreement be declared or be determined by any court of competent jurisdiction to be illegal, invalid, Or the legality, validity, and enforceability of the remaining patts, terms, Of provisions Shall not be xffcotcd thereby, and said illegal, or invalid Part, term, Or provision shall be deemed not to be a part of this Agreement, :CK1JkU:,1.i'NrH; This Agreornerut sets forth the entire agreement between the Parties lieroto and fully supersedes as yy and oil prior agreements or understandings, written or oral, bcl:weon the Parties hereto pertaining to the subject Matter hereof. rart,liorinore, It Is expressly understood and agreed that this Agractflont may not be altered, amended, rnQdifiod, or otherwise challgod in any respect or particular whatsoever except by a writing duty executed by authorized representatives of the B'at'tles 1101'0(0, 'The Parties hereby agree and acknowledge that they will ninko no claim at any time or VInco, that this Agreement has been orally. altered or Modified or otilorwiso changed by oral communication of any kind or character, EQUIALNIM: 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, 1171E, T_E_& .1 Plaintiff warrants that there is no Medicare lien in this matter. However, should Medicare be entitled to or demand additional payment for services rendered in corrneotlon with this action, Plaintiff alone is responsible for any payments required to be paid to Medicare, SIXTE N_Jrffi Each of the undersigned signing on behalf of a party that is not an if1dividual person warrants that he ,x 0, she is authorized to sign for and binds simb. party. The foregoing Release and Settlement Agmonlknl is agree' to by; Dated: VI ) S NE Plaintiff [CONTINUED ON NEXT PAGr] Mutual Release and Settlement ArVotaltat Downiont No. 25415 APR -20 -2015 00754 FROM:LEGi4L DOCUMENT ASSIS 7146807722 T0:19497273660 P.7/7 Dated: CITY OF SANTA ANA, a charter law city and municipal corporation, duly organized and existing under the Constitution a d iawus f the State California Hy: Devi :ty� anger ATTCST: 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 Dated: By: Maria D. Iiuizar, Clerk of the nail_ APPROVED AS TO FORM: LAW OFFICES OF DAVID CfR }ANDALL Dated: ._ .. dd IJA IDJ CRANDALL, Esq, Attorney for Plaintiff, .David Stone Dated: QIJ T TERREz, FIERRO & ERICKSON, A,P,C, ARTURO N, FIERRO �"_ .. Attorneys for Defendant CITY OF SANTA ANA Dated: LAW OFFICES OF HALAS & MUIiAR G1iQItCiE MiTIf.AR .� . ~.. y Attorneys for Defendant GREEN GIANT LANDSCAPE, INC. and Settlement 25415 Dated: CITY OF SANTA ANA, a charter law city and municipal corporation, duly organized and existing under the Constitution and-lawsttf the State of California David ATTEST: CITY OF SANTA ANA, a charter law city and municipal corporation, duly organized and existing under Dated: the Constitution and laws of the State of California I ; By_,,- eMan D. uizar, Clerk ; I APPROVED - AS TO FORM: Dated: Dated: Dated: LAW OFFICES OF DAVID CRANDALL - --------- DAVID CRANDALL , Es-q. Attorney for Plaintiff, David Stone GUTIERREZ, FIERRO & ERICKSON, A.P.C. -T�URO'N Attorneys f! clarit CITY OF SANTA ANA LAW OFF1CJ.iS--(.)FHALAS & MUHAR Attorneys or Defendant GREEN )1'ANT LANDSCAPE, INC. Mutual Release and Settlement Agreement Domiment No. 25415