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SETTLEMENT AGREEMENT AND RELEASE
THIS CONFIDENTIAL SETTLEMENT AGREEMENT AND GENERAL RELEASE
(hereinafter "Agreement ") is entered into and effective upon its execution by all parties hereto as
a complete, final and binding settlement and compromise of all claims and potential claims, if
any, between MELISSA CORTEZ, a minor, by and through her parent and legal guardian,
ARTURO CORTEZ (referred to herein collectively as " CORTEZ" or "Plaintiff'), EL SOL
SCIENCE AND ARTS ACADEMY OF SANTA ANA, a California Nom -Profit Public Benefit
Corporation, (referred to herein as "El, SOL "), CITY OF SANATA ANA (referred to herein as
"CITY "), and RAENETTE RODRIGUEZ (hereinafter referred to as "RODRIGUEZ "). El, SOL,
CITY, and RODRIGUEZ are collectively also referred to as Defendants. This agreement is
entered into by CORTEZ, by and through her parent and legal guardian, ARTURO CORTEZ,
EL SOL, CITY, and RODRIGUEZ on their own behalf and on behalf of their spouses, parents,
children, heirs, principals, parent companies, management companies, attorneys in fact,
subsidiaries, affiliates, and their respective shareholders, directors, officers, employees, agents,
insurers,- attorneys, assigns, landlord, tenants, chartering districts, affiliated districts or
educational entities, predecessors, successors, and representatives. All entities and individuals
named herein are collectively referred to as the "Parties" and singularly (generically) as a
"Party
RECITALS
WHEREAS, CORTEZ has alleged that she suffered certain personal injuries as a result
of an accident occurring on or about March 9, 2013 (hereinafter referred to as the "Incident ");
WHEREAS, CORTEZ filed an action entitled Cortez v. El Sol Science & Arts
Academy, et al., Orange County Superior Court, Case No. 30 -2014- 00712370- CU- PA -CJC
(hereinafter referred to as the "Action ");
WHEREAS, Defendants filed various cross - complaints for indemnity and contribution
against each of the other Defendants in the Action;
WHEREAS, COI2TEZ has contended that the injuries she has sustained and the damages
she has incurred were caused by the acts and /or omissions of various individuals and /or entities
including, but not limited to, the Defendants;
WHEREAS, Defendants have denied and continue to deny the causes of action, claims,
contentions, acts, and omissions alleged by CORTEZ, and have denied and continue to deny any
wrongdoing or legal liability arising out of or pertaining to any injuries and /or damages allegedly
arising from the Incident;
WHEREAS, the Parties now desire to resolve and settle all of their differences,
including, but not limited to the Action and their respective cross - complaints;
[t]
NOW THEREFORE, in consideration of the foregoing and the following statements,
covenants, promises, obligations and undertakings, it is mutually agreed by and between the
Parties, as follows:
SETTLEMENT TERMS
1. Procedural Matters:
1.1 Within 30 calendar days of executing this Agreement, if not already done so,
CORTEZ shall cause to be prepared, and filed, and serve all the necessary and appropriate forms
with the applicable Court so that the Court may hear CORTEZ's Petition for the Court's
Approval of a Minor's Compromise according to the settlement outlined herein.
1.2 As soon as possible before, and no later than, the filing date of the Petition for the
Court's Approval of the Minor's Compromise, CORTEZ shall provide, in writing, to all Parties'
counsel: -
(1) the name, complete address, telephone number(s), and Federal TIN of each third
party, if any, including, but not limited to, any healthcare professional(s) and /or healthcare
facility or company, federal, state, local agency or entity that has, may have, or purports to have
a statutory lien as to the outcome of this claim and /or the Settlement Amount;
(2) the amount of all current liens, contracts, claims, obligations, debts, contracts,
encumbrances, if any, by or with any third parties, including, but not limited to, any healthcare
professional(s) and /or healthcare facility or company, federal, state, local agency or entity that
has, may have, or purports to have a statutory lien as to the outcome of this claim and /or the
Settlement Amount; and
(3) the negotiated and discounted final amount, if different from those identified pursuant
to Section 1.2(2), above, of each current lien, contract, claim, obligation, debt, encumbrance by
or with any healthcare professional(s) and /or healthcare facility or company, federal, state, local
agency or entity that has, may have, or purports to have a statutory lien as to the outcome of this
claim and /or the Settlement Amount which said lien holder, or the like, has agreed to accept as
full and final payment and satisfaction of any such liens, contracts, claims, obligations, debts,
contracts, encumbrances.
1.3 All checks consistent with the Settlement Amount and any payments to any lien -
holder(s), if any, will be held in trust by each respective payor Party's counsel until such time as
required by this Agreement and the Court's approval of the Minor's compromise, when said
checks will be transmitted to CORTEZ's counsel for distribution.
1.4 Within thirty (30) calendar days of the Court's approval of the Minor's
compromise, the Settlement funds and any check(s) payable to any lien - holders, if any, will be
contemporaneously exchanged for an executed Request for Dismissal, with prejudice, as to any
and all cases, claims, causes of action and as to any and all parties. Within thirty (30) calendar
days of the Court's approval of the Minor's compromise, all Parties agree to provide to counsel
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for the cross - defendant(s) in each of their respective cross - complaints, Requests for Dismissal,
with prejudice, as to their cross - complaints, dismissing all named and unnamed cross - defendants,
and thereby releasing all of their claims as against all named and unnamed cross - defendants.
1.5 The Parties hereby acknowledge and agree that the settlement contemplated by
this Agreement is subject to, and conditioned upon, the Court's approval of the Petition for the
Court's Approval of the Minor's Compromise.
1.6 The Parties hereby acknowledge and agree that the settlement contemplated by
this Agreement is further subject to, and conditioned upon, approval and ratification of this
Agreement by the Board of Directors of EL SOL.
1.7 The Parties hereby acknowledge and agree that the settlement contemplated by
this Agreement is also subject to, and conditioned upon, approval and ratification of this
Agreement by the City Council of the CITY.
2. Settlement Amount:
2.1 In consideration of the statements, covenants, promises, obligations, undertakings,
releases, and dismissals set forth in this Agreement, payment in the total sum of $375,000.00
(Three Hundred Seventy Five Thousand Dollars), present value, with the following breakdown:
$250,000.00 (Two Hundred Fifty Thousand Dollars) on behalf of EL SOL, $100,000.00 (One
Hundred Thousand Dollars) on behalf of CITY, and $25,000.00 (Twenty Five Thousand Dollars)
on behalf of RODRIGUEZ, (hereinafter collectively referred to as the "Settlement Amount ")
will be made to CORTEZ according to the specifications set forth in subsection 2.2, below.
2.2 Payments
In consideration of the release set forth in Section 5 below, the Defendants'
insurers, and, in the event a Defendant is not insured, that Defendant (collectively
referred to as "the Payors ") agree to pay to Melissa Cortez (the "Payee ") the sums
outlined in this Section as follows:
(a) Payments due at the time of settlement as follows:
See Exhibit "A"
(b) Periodic payments made according to the schedule as follows (the
"Periodic Payments "):
Payable to Melissa Cortez
$25,000 annually, guaranteed 5 years, beginning on September 20, 2022.
The last payment will be made on September 20, 2026.
$40,000 guaranteed lump sum payable at age 25 (on September 20, 2029).
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$70,923 guaranteed lump sum payable at age 30 (on September 20, 2034).
All sums set forth herein constitute damages on account of personal injuries or
sickness, within the meaning of Section 104(x)(2) of the Internal Revenue Code of 1986,
as amended.
2.3 Payee's Rights to Payments
Payee acknowledges that the Periodic Payments cannot be accelerated, deferred,
increased or decreased by Payee or any payee; nor shall Payee or any payee have the power to
sell, mortgage, encumber, or anticipate the Periodic Payments, or any part thereof, by assignment
or otherwise.
2.4 Payee's Beneficiary
Any payments to be made after the death of the Payee pursuant to the terms of this
Settlement Agreement and Release shall be made to the Estate of the Payee. After the age of
majority, Payee may submit a change of beneficiary in writing to the Assignee. The designation
must be in a form acceptable to the Assignee.
2.5 Consent to Qualified Assignment
(a) Payee acknowledges and agrees that the Payors may make a "qualified
assignment ", within the meaning of Section 130(c) of the Internal Revenue Code of 1986, as
amended, of the Payors' liability to make the Periodic Payments set forth in Section 2.2(b) to
Prudential Assigned Settlement Services Corp. ( "the Assignee "). The Assignee's obligation for
payment of the Periodic Payments shall be no greater than that of Payors (whether by judgment
or agreement) immediately preceding the assignment of the Periodic Payments obligation.
(b) Any such assignment, if made, shall be accepted by the Payee without right of
rejection and shall completely release and discharge the Payors from the Periodic Payments
obligation assigned to the Assignee. Payee recognizes that, in the event of such an assignment,
the Assignee shall be the sole obligor with respect to the Periodic Payments obligation, and
Payee agrees that such assignment shall constitute a full release and discharge of all of Payors'
obligations relative to the Periodic Payments set forth above.
2.6 Right to Purchase an Annuity
Payors, themselves or through Prudential Assigned Settlement Services Corp. ( "the
Assignee "), reserve the right to fund the liability to make the Periodic Payments in Section 2.2(b)
through the purchase of an annuity policy from Prudential Insurance Company of America. The
Assignee shall be the sole owner of the annuity policy and shall have all rights of ownership.
The Assignee may have Prudential Insurance Company of America mail payments directly to the
Payee. The Payee shall be responsible for maintaining a current mailing address for Payee with
Prudential Assigned Settlement Services Corp.
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2.7 Discharge of Obligation
The obligation of the Assignee to make each Periodic Payment shall be discharged upon
the mailing of a valid check in the amount of such payment to the designated address of the
Payee named in Section 2 of this Settlement Agreement.
2.8 All Parties to this Settlement Agreement hereby further agree that in the event of a
Defendant's default or non - performance under this Agreement, such as for example non-
payment and /or late payment of that Defendant's respective settlement funds identified in
paragraphs 2. 1, any such default or non - performance shall only be deemed as the defaulting /non-
performing Defendant's breach of this Agreement, and any relief available to CORTEZ related
thereto shall inure only as against the defaulting /non - performing Defendant, and such breach
shall not affect the settlement and dismissal of this Action as to any other party herein.
3. Applicable Taxes, Fees, Withholding, Ability to Obtain Financing, etc.:
3.1 CORTEZ acknowledges and agrees that Defendants and their counsel have not
made, and do not make any representations herein concerning the taxable status of any of the
payments set forth in this Agreement, and CORTEZ acknowledges and agrees that she has not
relied and will not rely on any such representations, if any.
3.2 CORTEZ acknowledges and agrees that she will be solely responsible for any tax
liability, or the like, that results from any of the payments set forth in this Agreement.
3.3 CORTEZ acknowledges and agrees that Defendants and their counsel have at no
time prior to this settlement made any representations concerning the possible consequences of
the Settlement Amount upon her or her parents' ability to obtain any financial aid, loans, grants,
financing, etc., irrespective of the intended or actual use or purpose of any such financial aid,
loans, grants, financing, etc.
4. Waiver of Fees and Costs:
4.1 The Parties separately and each agree that they shall bear their own attorney's
fees and costs incurred in connection with this Action, including but not limited to: (1) the
prosecution and /or defense of the Action, and the related cross - complaints; (2) the Parties'
discussions and negotiations regarding the claims, contentions, acts, and omissions that have
been separately alleged by CORTEZ and all claims related thereto; and, (3) the negotiation of
this Agreement, and no further claims or demands related thereto shall be made.
5. Release:
5.1 In consideration for the statements, covenants, promises, obligations, dismissals,
and undertakings set forth in this Agreement, CORTEZ shall and does hereby completely and
forever release, absolve, acquit, relieve, and discharge EL SOL, CITY, RODRIGUEZ, and their
principals, directors, officers, elected and appointed officials, attorneys in fact, management
companies, shareholders, past and present employees, agents, representatives, business entities,
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fictitious business names, alter egos, partners, joint ventures, successors, affiliates, parent
companies, member companies, subsidiaries, chartering districts, affiliated districts or
educational entities (including, but not limited to the SANTA ANA UNIFIED SCHOOL
DISTRICT), past and /or present students (and their parents and/or guardians, and specifically all
those named as DOE and /or ROE defendants or cross - defendants in the Action), landlords,
tenants, heirs, assigns, attorneys, and insurers (sometimes collectively referred to herein as
"Released Parties "), from any and all claims, demands, obligations, actions, disputes,
controversies, causes of action, rights, damages, judgments, orders, agreements, acts,
indebtedness, liabilities, liens, promises, costs, loss of services, expenses (including, but not
limited to, attorney's fees) and compensation of any kind or nature whatsoever, whether known
or unknown, past or present, suspected or unsuspected, fixed or contingent, apparent or
concealed, which CORTEZ now has or holds, or may have or hold, or which may hereafter
accrue or otherwise be acquired, pertaining to any allegations, events, incidents, acts and /or
omissions, and occurrences having taken place from the beginning of time through the date of
execution of this Agreement, pertaining to, relating to, or arising out of the alleged
acts /omissions that gave rise to the injuries and damages that gave rise to this settlement (i.e., the
Incident and /or the Action), whether based on a tort, contract or any other theory of recovery or
statute, and attorney's fees or costs, interest, punitive damages, penalties, or any other relief
permitted by the California laws, or other state or federal case law or authority, and any other
municipal, state, or federal statute, ordinance, or regulation, whether or not previously brought
before any state or federal court or before any state or federal or any other government agency.
6. Waiver of Civil Code &1542:
6.1 CORTEZ represents and certifies that she has read, understands and expressly
waives the following provisions of California Civil Code Section 1542:
"A general release does not extend to claims which 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 his or her settlement with the debtor. "
6.2 CORTEZ understands and acknowledges that the significance and consequence of
this waiver of California Civil Code Section 1542 is that even if she should eventually suffer
additional damages or losses from the Parties' prior interactions, or should there exist other
undisclosed obligations or liabilities existing between them, as well as their successors or
assigns, she will not be able to make any claim for those damages, losses or obligations.
Furthermore, CORTEZ acknowledges that she intends these consequences even as to claims for
damages, losses or obligations that may exist as of the date of this Agreement but which she does
not know exist, and which, if known, would materially affect her decision, either singularly or
collectively, to execute this release, regardless of the cause of her lack of knowledge.
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7. CORTEZ Solely Responsible For Liens and /or Claims of Third Parties To The
Settlement Amount:
7.1 CORTEZ agrees that she is, and shall remain, solely responsible and liable for
payment or satisfaction of any and all liens, contracts, claims, obligations, debts, encumbrances
by or with any third parties, including but not limited to any healthcare professionals and /or
healthcare facilities company, federal, state, local agency or entity that has, may have, or
purports to have as to the outcome of this claim and /or the Settlement Amount, which in any way
pertains to the allegations in this claim and /or Action, no matter when said lien, contract, claim,
obligation, debt, encumbrance, was created, entered, incurred, or existed.
7.2 CORTEZ agrees to defend, indemnify and hold harmless Released Parties in the
event that any healthcare professional(s) and /or healthcare facilities company, federal, state, local
agency or entity, or any attorneys, at any time makes a claim, demand, files suit against, or
otherwise pursues any of the Released Parties, to recover from it/them on any lien for medical
services or payment of medical services that said third party may have against CORTEZ, her
property, or to the Settlement Amount recited herein that arise from treatment for injuries alleged
to be sustained in this claim or as part of this Settlement.
8. Eindine on Heirs and Successors:
8.1 This Agreement shall be binding on and inure to the benefit of the Parties' past,
present and future principals, spouses, parents, children, officers, elected and appointed officials,
directors, stockholders, attorneys, agents, servants, trustees, representatives, business entities,
fictitious business names, alter egos, joint ventures, employees, subsidiaries, shareholders,
affiliates, management companies, partners, parent companies, insurers, attorneys, predecessors
and successors in interest, heirs, landlords, tenants, and assigns, chartering districts (including,
but not limited to the SANTA ANA UNIFIED SCHOOL DISTRICT), affiliated districts and
educational entities, and all other persons, firms or corporations with whom any of the former
have been, are now, or may hereafter be affiliated.
9. No Admission of Liability:
9.1 It is understood and agreed that the Parties have entered into this Agreement
solely for the purpose of avoiding the burden and expense of further litigation, and the making of
this Agreement is not and shall not be construed as an admission of liability or violation of any
law by any Party. This Agreement is neither a concession nor an admission, and shall not be
used against any of the Released Parties as an admission or indication with respect to any claim
of any fault, concession or omission by any of the Released Parties.
9.2 This Agreement shall be governed by California Evidence Cade § 1152 and case
law interpreting its provisions. This Agreement, any statements or conduct made in the course of
negotiation thereof, and any and all terms set forth herein, shall not be admissible (at any time
and for any purpose or reason other than as provided herein) in any subsequent litigation, action
or other legal or equitable proceeding. The Parties agree that this Agreement shall not be
construed as, offered or admitted in evidence as, received as, or deemed to be evidence for any
[7l
purpose adverse to the named and unnamed parties released by and through this Agreement
including, but not limited to, evidence of a presumption, concession, indication, or admission by
any of the parties released by and through this Agreement of any liability, fault, wrongdoing,
omission, concession, or damage. Without waiving the agreement concerning admissibility, the
Parties agree that a copy of this Agreement may be used in a subsequent action or proceeding
brought to enforce the terms of this Agreement or to be used as proof of settlement and a release
thereof of all claims as identified herein.
10. Renresentations and Warranties:
10.1 The Parties warrant, represent, and agree that no other person or entity has, or has
had, any interest in the claims, demands, obligations, or causes of action that form the basis of
the claim against the parties released by and through this Agreement, Released Parties to any
other claim, contention, act, or omission that has been separately alleged by CORTEZ in
connection with the subject Incident and /or Action; that the Parties have the sole right and
exclusive authority to execute this Agreement; and that the Parties have not sold, assigned,
subrogated, transferred, conveyed, or hypothecated, or purported to assign, subrogate, transfer, or
hypothecate, to any other person or entity, any damages, suits, claims, debts, wages,
compensation, demands, assessments, obligations, liabilities, attorney's fees, costs, expenses,
rights of action or causes of action released herein.
11. Non - Disparagement:
11.1 In consideration of the covenants, promises and agreements contained in this
Agreement, each of the Parties separately warrants and agrees that she /it will not make any
written or oral statement or engage in any conduct that disparages, criticizes, maligns, blames,
defames, libels, or slanders the image or reputation of the other, including, but not limited to, any
of their past or present subsidiaries, customers, clients, member companies, affiliates, parent
companies, officers, elected and appointed officials, directors, agents, or employees.
12. Integration /Modification & No Inducement:
12.1 This Agreement constitutes the entire agreement between the Parties with respect
to the subject matter hereof and is a final and complete expression of the intention of the Parties
hereto. No representations, promises, monetary payments or inducements have been made by
any Party, other than those set forth in this Agreement. Any and all prior negotiations,
communications, discussions, representations or promises of any kind, whether oral or written,
concerning the subject matter of this Agreement are superseded hereby and shall be considered
without any legal force or effect. This is a fully integrated Agreement. This Agreement is not
subject to oral modification. This Agreement may be modified, altered, amended or changed
only by a writing signed by all Parties hereto.
12.2 The Parties declare and represent that no promises, inducements or other
agreements not expressly contained herein have been made and that this Agreement contains the
entire agreement between the Parties and the terns of this Agreement are contractual and not
mere recitals.
[81
13. Severability:
13.1 Each and every provision of this Agreement is separate and distinct from any and
all other provisions of this Agreement. Should any provision or provisions of this Agreement be
for any reason unenforceable, the balance shall nonetheless be of full force and effect. Any
provision shall only be deemed invalid to the extent of the scope or breadth permitted by law.
14. Remedies:
14.1 The Parties acknowledge and agree that money damages would not be sufficient
remedy for any breach of this Agreement and that the Parties shall be entitled to specific
performance and injunctive relief to enforce the provisions of this Agreement or to remedy a
breach or threatened breach of this Agreement. Such remedies shall not be deemed the exclusive
remedies for a breach of this Agreement, but shall be in addition to all remedies available at law
or in equity, including, without limitation, the recovery of damages and attorneys fees.
15. No Publicity:
15.1 In consideration of the statements, covenants, promises, obligations, undertakings,
releases, dismissals, and agreements contained in this Agreement, CORTEZ and her counsel
agree that they shall not take any action to publicize the resolution of the Action or the terms of
this Agreement, including, but not limited to, speaking with the media, issuing press releases, or
reporting to any verdicts /settlements publications.
16. Medicare Elieibility:
16.1 By executing this Agreement, CORTEZ acknowledges that at no time was she a
Medicare beneficiary as it pertains to any of the allegations set forth in this claim and /or the
Action, or any alleged damages and /or injuries arising from any act and /or omission that gave
rise to this claim and /or the Action; at no time while this claim and /or the Action has been
pending has she been a Medicare beneficiary as it pertains to any of the allegations set forth in
this claim and /or the Action, or any alleged damages and /or injuries arising from any act and /or
omission that gave rise to this claim and /or the Action; and based on the advice of her healthcare
advisors to date, she does not reasonably anticipate becoming a Medicare beneficiary at any time
in the future as it pertains to any of the allegations set forth in this claim and /or the Action or any
alleged damages and /or injuries arising from any alleged act and /or omission that gave rise to
this claim and /or the Action.
16.2 By executing this Agreement, CORTEZ agrees to indemnify, defend and hold
harmless Released Parties and each of them to the fullest extent allowed by law in the event
Medicare asserts liens /subrogation claims /penalties or any other claims against any of the
Released Parties related to any past or future medical treatment received by CORTEZ.
16.3 By executing this Agreement, CORTEZ agrees to complete the applicable
Medicare Beneficiary Questionnaire, disclosing whether she was a Medicare beneficiary at the
time prior to making this claim, while this claim has been pending, or whether CORTEZ
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anticipates becoming a Medicare beneficiary at any time prior to this settlement being finalized,
whether or not related to claims arising from this claim and /or the Action, and CORTEZ agrees
that EL SOL, RODRIGUEZ, and the CITY will not process any check or settlement request
unless and until EL SQL's, RODRIGUEZ's, and the CITY's counsel have received the
information requested.
17. No Other Lawsuits or Complaints:
17.1 CORTEZ covenants and warrants that, except for the Action, she has not filed, or
caused to be filed, any formal or informal complaint, grievance, or the like, against EL SOL or
any of the Released Parties regarding any of the allegations asserted in this claim with any local,
state, federal, or private agency.
17.2 In the event CORTEZ has filed, or caused to be filed, any complaint, grievance,
or the like, against EL SOL, or any of the Released Parties regarding any of the allegations
asserted in this claim with any local, state, federal, or private agency, then CORTEZ further
covenants and warrants that she will take all necessary measures to withdraw, cancel, and /or
dismiss any such complaint, grievance or the like.
17.3 CORTEZ further covenants and warrants that she will not at any time after the
execution of this Agreement file, or cause to be filed, any formal or informal complaint,
grievance, or the like, against EL SOL, or any of the Released Parties, regarding any of the
allegations asserted in this claim or the Action, that are the subject of this Agreement with any
local, state, federal, or private agency.
18. Governing Law:
18.1 The validity and enforcement of this Agreement, and any of its terms or
provisions, as well as the rights and duties of the Parties, shall be governed by the laws of the
State of California.
19. Attorney's Fees, Jurisdiction, Enforceability Of Settlement Agreement and Venue:
19.1 Any action or proceeding to enforce or interpret this Agreement shall be
commenced in the Superior Court of the State of California, County of Orange, which the Parties
agree shall be the proper jurisdiction and venue for such action. In the event of any such action,
the prevailing party (as determined by the court) shall be entitled to reasonable attorney's fees
and costs, in addition to any other relief to which the prevailing party may be entitled.
19.2 Each of the Parties has entered into this Agreement with the specific
understanding that it is enforceable by the court in which the Petition for Court's Approval of the
Minor's Compromise will be filed. Such court shall retain jurisdiction and this settlement may
be enforced pursuant to California Code of Civil Procedure section 664.6, in the event any party
fails to perform the conditions or terms required herein.
[101
20. Further Assurances:
20.1 The Parties agree to
documents or instruments, and perfor
effectuate the intent of this Agreement.
21. Non - Waiver:
cooperate fully and execute and deliver such further
in such other acts as may be necessary or appropriate to
21.1 The failure of the Parties hereto to insist, in any one or more instances, upon strict
performance of any one or more of the provisions, terms, and /or conditions of this Agreement, or
to exercise any rights hereunder, shall not be construed as a waiver thereof, and any and all such
provisions, terms, conditions, and /or rights shall continue and remain in full force and effect.
22. Headings:
22.1 The headings contained in this Agreement are inserted as a matter of convenience
only, and in no way define, limit, or extend the scope of the Agreement or any provision herein.
23. Jointly Drafted:
23.1 This Agreement has been drafted jointly and is not to be construed against any
party. The Parties acknowledge that this Agreement has been negotiated at arm's length among
persons knowledgeable in the matters herein. Accordingly, any rule of law including without
limitation California Civil Code § 1654, or any other statute, legal decision, or common law
principle of similar effect, that would require interpretation of any ambiguities in this Agreement
against the party that has drafted it is of no application and hereby is expressly waived. This
Agreement and its provisions shall be interpreted in a reasonable manner to effectuate the
Parties' intentions.
24. Voluntary Settlement After Consultation with Lawyer:
24.1 The Parties warrant, represent and agree that they have carefully read this
Agreement, understand this Agreement and all terms thereof, and are executing this Agreement
with full knowledge of any and all rights that they may have with respect to the matters set forth
and the claims released herein. The Parties acknowledge that they have each been represented
by legal counsel or have had the opportunity to be represented by legal counsel in the negotiation
and preparation of this Agreement, and the Parties enter into this Agreement freely, without
coercion, and based upon the Parties' own judgment.
25. Execution in Counterparts / Facsimile Signatures / Copies:
25.1 This Agreement may be signed in any number of counterparts and by each Party
on separate counterparts, each of which when so executed and delivered to the other shall be
deemed an original and all of which taken together shall constitute one and the same instrument.
A copy of this executed Agreement shall have the same force and effect as the original. A
facsimile signature shall have the same force and effect as an original.
[11]
IN WITNESS HEREOF, the Parties have executed this Agreement on the dates indicated
below. This Agreement shall become effective immediately following execution by each of the
Parties.
Dated:
Dated:
OCT 12 205-
Dated:
Dated:
MELISSA CORTEZ, a minor, by and through her
parent and legal guardian, ARTURO CORTEZ
Defendant, EL SOL SCIENCE & ARTS
ACADEMY OF SANTA ANA
Its:
CITY OF SANTA ANA
By: DaVta CG.U0.2 ®S
Its: C-L}"V OL V%Ck5er
RAENETTE RODRIGUEZ
[121
ATTEST.
MARIA D. HUIZAR
CLERK OF THE COUNCIL,
APPROVED AS TO FORM:
Dated: Law Offices of Gary A. Dordick
By:
Gary A. Dordick, Esq.
Attorney for Claimant/Plaintiff, MELISSA
CORTEZ, a minor, by and through her
parent and legal guardian, ARTURO
CORTEZ
Dated: Law Offices of Fabian C. Serrato
In
Fabian C. Serrato, Esq.
Attorney for Claimant/Plaintiff, MELISSA
CORTEZ, a minor, by and through her
parent and legal guardian, ARTURO
CORTEZ
Dated: SEPASSI & TARIGHATI, LLP
Steven M. Sepassi, Esq.
Mitchell M. Tarighati, Esq.
Attorneys for El Sol Science & Arts
Academy of Santa Ana
Dated: 10/08/2015 Gutierrez, Fierro & Erickson, APC
C
Arturo Fierro, Es
Attorneys for Ci y o Santa Ana
Dated: Gates O'Doherty Gonter & Guy LLP
K. Robert Gonter, Esq.
Attorneys for Raenette Rodriguez
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