HomeMy WebLinkAboutContracts & Agreements_187-2018 AGREEMENT OF SETTLEMENT AND
GENERAL RELEASE
1 PARTIES.The parties to this Agreement of Settlement and General Release("Agreement")
are Christopher Rails and Georgia Rails("Plaintiffs"),and the City of Redlands and Jaimeson
Liu("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 of causes of action set forth by the parties hereto in a civil action pending in the
San Bernardino County Superior Court and entitled Christopher Rails and Georgia Ralls
vs City of Redlands,Jaimeson Liu,et al„Case No CiVDS 1709276
2 3 It is the intention of the parties hereto to settle and dispose of,frilly 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 with,of 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 DISMISSAL Concurrently with the execution of this Agreement,Plaintiffs shall dismiss,with
prejudice,the civil action referenced in Paragraph 2 2 above, in exchange for the promises,
covenants,conditions and payments set forth in Paragraph Four.
4, PAYMENT- Concurrently with the execution of this Agreement,Defendantss shall pay to
Plaintiff,Christopher Rails the aggregate sum of Ten Thousand Dollars($10,000 00), and to
Plaintiff',Georgia Rails the aggregate sum of One Hundred,Twenty Five Thousand Dollars
($125,000 00)
5 GENERAL RELEASE, In consideration 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 liereto 'oil 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
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action referenced in Paragraph 2 2 above
5 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 his of her favor at the time of executing the release,which if
known by him or her inust have materially affected his or her settlement with the
debtoi
6 WRESENTATIONSAND WARRANTIES Each of the parties to this Agreement represents
and warrants to,and agrees with,each party hereto,as follows-
6 1 Each party has received independent legal advice from its attorneys with respect to the
advisability of making the settlement provided for hem..in,with respect to the advisability
of executing this Agreement, and with respect to the meaning of California Civil Code
Section 1542
6 2 No party(not any officer,agent,employee,representative,or attorney of of 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(oi of any officer,agent,employee,representative,of attorney
of or foi any party),in executing this Agreement,of 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 foi 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 Clio foregoing,any alleged right or claim
to set aside or rescind this Agreement This Agreement is intended to be and is final and
Agreement ofSettlement and General Release Paget
binding between the parties hereto,regardless of any claims of misrepresentation,
promise made without the intention to perform,concealment of fact,mistake of fact or
law, or of any other circumstance whatsoever
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 patty is aware that it may hereaftei discover claims or facts in addition to or
different from those it now]mows 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 them In furtherance of such intention,the
releases given nerein shall be and roman/in effect as fill and complete mutual releases of
all such matters,nohvithstandmg 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 this
Agreement
6 10 Plaintiffs agree to hold Defendants harmless from,and defend and indemnify
Defendants fiom, the claims of any and all medical care providers and/or penholders,
including,but not limited to,Health Pointe,Medicare or MediCal,providing medical
services to Plaintiffs as a result ofthe subject accident
7 S'EMEMENT 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 clairn 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.
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Agreement of Settlement and General Release Page 3
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,
subsidiaries,affiliates, assigns, heirs,successors in interest and shareholders
8 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 deemed 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,consistmg of five pages,is made and entered into on and as of
Septcmber��,2018, in Redlands,California,and is effective as of this date
CHRISTO H 'R RALLS
,
I
GEORGI BALLS
ESON LIU
11
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Agreement ofSettlementand General Release page 4
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CITY OF REDLANDS
<Y:?P7
FOSTER,Mayor
ATTEST
a-e
6ANE DONALDSON,City Clerk
APPROV D AS TO FORM AND CONTENT
STEV i E SPENCER
Attorney for Plaintiffs Christopher and George Rails
BRUCE E DISENHOUSE
Attorney for Defendants City of Redlands and
Jaimeson Liu
Agreement of Settlement and General Release Page 5