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HomeMy WebLinkAboutContracts & Agreements_31-2017 CIV-110 ATTORNEY OR PARTY%MTHOUTATTORNEY(Name,Stoic Bar number,and address) Matthew R Price (SBN 273479) FOR COURT USE ONLY Law Offices of Brent Duque, 3300 Irvine Ave#225, Newport Beach CA 92660 TELEPHONE NO 949 336-1530 FAX NO (000nal) 949-336-4555 E-MAIL ADORESS(Opbonat) ATTORNEYFOR(Name) Plaintiff, Darlene Medlin SUPERIOR COURT OFI IgLCOUNTY OF San Bernardino STREETADORESS Irl1 Avenue MAILING AODRESS 247 W Third Avenue CITY AND zip CODE San Bernardino CA 92401 BRANCH NAME civil PLAINTIMPETITIONER Darlene Medlin DEFENDANTIRESPONDENT City of Redlands REQUEST FOR DISMISSAL CASENUMBER CIVDS1410919 A conformed copy will not be returned by the clerk unless a method of return is provided with the document This form may not be used for dismissal of a derivative action or a class action or of any party or cause of action in a class action (Cal Rules of Court,rules 3 760 and 3 770} 1 TO THE CLERK Please dismiss this action as follows a (1) With prejudice (2) Without prejudice b (1) Complaint (2) 0 Petition (3) Cross-complaint filed by(name) on(date) (4)0 Cross-complaint filed by(name) on(date) (5)EiD Entire action of all parties and all causes of action (6)= Other(specify)* 2 (Complete in all cases except family law cases) The court =did 2:1 did not waive court fees and costs fora party in this case (This information maybe obtained from the clerk if court fees and costs were waived, the declaration on the back of this form must be completed) Date 02 06 17 Matthew R Price,Esq (TYPE OR PRINT NAME OF ©ATTORNEY Q PARTY WITHOUT ATTORNEY) (SIGNATURE) "if dismissal requested Is of specified parties only of specified causes of action Attorney or party without attorney for only or of specified cross-complaintsonly state and Identify the parties [� Plaintiff/Petitioner Defendant/Respondent causes of action,or cross-Complaints t to be dismimi ssed 0 Cross-Complainant 3 TO THE CLERIC Consent to the above dismissal is hereby given** Date , (TYPE OR PRINT NAME OF = ATTORNEY 0 PARTY WITHOUT ATTORNEY) (SIGNATURE) If a cross-complaint—or Response (Family Law) seeking affirmative Attorney or party without attorney for relief—is on file,the attorney for cross-complainant(respondent)must sign this consent if required by Code of Civil Procedure section 581(i) � PlaintifflPetitioner [� DefendantlRespondent or(r) Cross—Complainant (To be completed by clerk) 4 [] Dismissal entered as requested on (date) 5 Dismissal entered on (date) as to only(name) 6 Q Dismissal not entered as requested for the following reasons(specify) 7 a C] Attorney or party without attorney notified on (date) b 0 Attorney or party without attorney not notified Filing party failed to provide a copy to be conformed = means to return conformed copy Date Clerk,by Deputy Page 1 of 2 Fam Adopted for Mandatory Use REQUEST FOR DISMISSAL core of civil Procedure §set at sea. Judicial Council of California Gov Code§6B637(c),CaI Rufes of Cowl rule 313W CIV-110[Rev Jan 1 2013) sxvw.cearfs.ca.gov PLAINTIFF/PETITIONER Darlene Medlin CASE NUMBER CIV-110 DEFENDANT/RESPONDENT City of Redlands CIVDS1410919 COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS If a party whose court fees and costs were initially waived has recovered or will recover$10,000 or more In value by way of settlement,compromise arbitration award,mediation settlement,or other means the court has a statutory lien on that recovery The court may refuse to dismiss the case until the lien is satisfied (Gov Code,§68637) Declaration Concerning Waived Court Fees 1 The court waived court fees and costs in this action for(name) 2 The person named in item 1 Is(check one below) a [] not recovering anything of value by this action b 0 recovering less than$10,000 in value by this action G Q recovering$10,000 or more in value by this action (!f item 2c is checked,item 3 must be completed.) 3 = All court fees and court costs that were waived 1n this action have been paid to the court(check one) = Yes = No declare under penalty of perjury under the laws of the State of California that the information above is true and correct Date (TYPE OR PRINT NAME OF = ATTORNEY= PARTY MAILING DECLARATION) {SIGNATURE} CIV 1171(Rav Januzry1 20131 REQUEST FOR DISMISSAL Page 2of2 AGREEMENT OF SETTLEMENT_AND GENERAL RELEASE I PARTIES The parties to this Agreement of Settlement and General Release("Agreement") are DARLENE MEDLIN ("Plaintiff'), and CITY OF REDLANDS ("Defendant") on behalf of itself and all other named Defendants 2 RECITALS This Agreement is made with reference to the following facts. 2 1 Certain disputes and controversies have arisen between the parties hereto 2 2 Such disputes and controversies include, but are not limited to, the claims, demands and case or causes of action set forth by the parties hereto in a civil action pending in the San Bernardino County Superior Court and entitled Darlene Medlin v Redlands Land Acquisition Company, LP,et al , Case No CIVDS 1410919 2 3 It is the intention of the parties hereto to settle and dispose of, fully and completely, any and all claims, demands and cause or causes of action existing as of the effective date of this agreement and arising out of,connected witli,or incidental to the dealings between parties hereto to the effective date hereof including,without limitation on the generality of the foregoing, any and all claims, demands and cause or causes of action reflected in the civil action referenced in Paragraph 2 2 above 3 DISXGSSAL- Concurrently with the execution of this Agreement, Plaintiff shall dismiss, with prejudice as to all named defendants, the civil action referenced in Paragraph 2 2 above, ill exchange for the promises,covenants, conditions and waivers set forth in Paragraph Four 4 PAACENT-Concurrently with the execution of this Agreement,Defendant shall pay to Planitifi the aggregate sum of Sixty-Five Thousand Dollars(565,000),inclusive of all clairns for attorney's fees,costs and medical liens Each party shall bear their own fees and costs 5 GENERAL RELEASE.Inconsideration of the mutual general releases contained herein,and for other good and valuable consideration,the receipt of which is acknowledged by each party hereto, the parties promise,agree and generally release as follows 5,1 Except as to such rights or claims as may be created by this Agreement, each party hereto hereby releases,remises and forever discharges each other party hereto from any and all claims, demands and cause or causes of action existing as of the effective date and arising out of,connected with or incidental to the dealings between the parties hereto prior to the effective date hereof including, without limitation on the generality of the foregoing, any and all claims, demands and cause or causes of action reflected in the civil action referenced in Paragraph 2.2 above Agreement of Settlement and general Release ~ Page f S 2 Each party to this Agreement specifically waives the benefit of provisions of Section 1542,of the Civil Code of the State of California, as follows A general release does not extend to claims which the creditor does not know or suspect to exist in itis or her favor at the time of executing the release, which if known by trim or her must have materially affected his or her settlement with the debtor 6 REPRESENTATIONSAND WARRANTIES Each of the parties to this Agreement represents and warrants to, and agrees with, each party hereto,ds follows- 6 1 Each party has received independent legal advice from its attorneys with respect to the advisability of making the settlement provided for hereat, with respect to the advisability of executing this Agreement, and with respect to the meaning of California Owl Core Section 1542 6 2 No party (nor any officer, agent, employee,representative, or attorney of or for any party), has made any statement or representation or failed to make any statement or representation to any other party regarding any fact relied upon in entering into this Agreement, and each party does not rely upon any statement,representation, omission or promise of any other party(or of any officer,agent,employee,representative,or attorney of or for any party), in executing this Agreement, or in making the settlement provided for herein, except as expressly stated in this Agreement 6.3 Each party to this Agreement has made such investigation of the facts pertaining to this settlement and this Agreement, and all the matters pertaining thereto, as it deems necessary 6 4 Each party or responsible officer thereof has read this Agreement and understands the contents hereof Each of the officers executing this Agreement on behalf of their respective corporations is empowered to do so and thereby binds such respective corporation 6 5 In entering into this Agreement and the settlement provided for herein, each party assumes the risk of any misrepresentation, concealment or mistake If any party should subsequently discover that any fact relied upon by it in entering into this Agreement was untrue,or that any fact was concealed from it, or that its understanding of the facts or of the law was incorrect,such party shall not be entitled to any relief in connection therewith including,without limitation on the generality of the foregoing,any alleged right or claim to set aside or rescind this Agreement This Agreement is intended to be and is final and binding between the parties hereto, regardless of any claims of misrepresentation, promise made without the intention to perforin, concealment of fact, mistake of fact or law,or of any other circumstance whatsoever Agreement of Settlement and General Release Page 2 6 6 Each party has not heretofore assigned,transferred,or granted,or purported to assign, transfer,or grant, any of the claims, demands, and cause or causes of action disposed of by this Agreement 6 7 Each term of this Agreement is contractual and not merely a recital 6 8 Each party is aware that it may hereafter discover claims or facts in addition to or different from those it now knows or believes to be true with respect to the matters related herein Nevertheless, it is.the intention of the parties to fully,finally and forever to settle and release all such matters, and all claims relative thereto, which do now exist, may exist, or heretofore have existed between thein In furtherance of such intention, the releases given herein shall be and remain in effect as full and complete mutual releases of all such matters, notwithstanding the discovery of existence of any additional or different claims of facts relative thereto 6 9 The parties will execute all such further and additional documents as shall be reasonable, convenient, necessary or desirable to carry out the provisions of tills Agreement 6 10 Plaintiff agrees to hold Defendant harmless from, and defend acid indemnify Defendant from, the claims of any and all medical care providers andloi penholders, including, but not limited to, Medicare or MediCal, providing medical services to Plaintiff as a result of the subject accident 7 SETTLEMENT This Agreement effects the settlement of claims which are denied and contested,and nothing contained herein shall be construed as an admission by any party hereto of any liability of any kind to any other party. Each of the parties hereto denies any liability in connection with any claim and intends hereby solely to avoid litigation and buy its peace 8 MISCELLANEOUS- 8 1 This Agreement shall be deemed to have been executed and delivered within the State of California and the rights and obligations of the parties Hereto shall be construed and enforced in accordance with, and governed by, the laws of the State of California 8 2 This Agreement is the entire Agreement Between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions This Agreement may be amended only by an agreement in writing, signed by the parties thereto 8 3 This Agreement is binding upon and shall inure to the benefit of the parties hereto, their respective agents, employees, representatives, officers, directors, divisions, Agreement of Settlement and General Release page 3 subsidiaries, affiliates,assigns,heirs, successors in interest and shareholders S 4 Each party has cooperated in the drafting and preparation of this Agreement Hence, in any construction to be made of this Agreement, the same shall not be construed against any party 8 5 In the event of litigation relating to this Agreement, the prevailing party shall be entitled to attorney's fees and costs 8.6 This Agreement may be executed in counterparts, and when each party has signed and delivered at least one such counterpart,each counterpart shall be deetned an original, and, when taken together with other signed counterparts, shall constitute one Agreement,which shall be binding upon and effective as to all parties 8 7 The parties expressly agree that the Court shall retain jurisdiction over the terms of this settlement and shall specifically retain jurisdiction to entertain a motion to enforce the settlement should the need for such a motion arise This Agreement, consisting of five pages, is made and entered into on and as of February, 2017,in Redlands, California,and is effective as of this date c DARLENE MEDLIN Plaintiff CITY OF REDLANDS 1 By, PAUL W.FOSTER, Mayor ATTEST, Jt"E DONALDSON,City Clerk Agreement of Settlement and General Release Page 4 APPROVED AS TO FORM AND CONTENT LAW OFFICES OF BRENT A DUQUE MATTHEY R PRICE, ESQ Attorney for Plaintiff DISENHOUSE LAW APC J. PAT FERRARIS, ESQ Attorney for Defendant Agreement of Settlement and.� ...�. .._ _.`.... . .-_.. . ..,., _ General Release _ .., Page 5