HomeMy WebLinkAboutContracts & Agreements_109-1997_CCv0001.pdf SETTLEMENT AGREEMENT
This settlement agreement ("Agreement") is entered into by and between the City of
Redlands ("City") and Gerald R. Davis ("Mr. Davis") based on the following circumstances.
RECITALS.
A. Mr. Davis filed suit against the City, alleging age discrimination in Davis v.
Citv of Redlands. San Bernardino Superior Court Case No. SCV 30858 ("Lawsuit").
B. On or about May 13, 1997, Mr. Davis filed amendments under C.C.P. § 474
substituting Gary Luebbers, Gary G. Phelps, Michael Huffstutler, and Jim Wheaton
("Individual Defendants") as named defendants in place of Does I through 4. The
Individual Defendants have not been served.
C. On October 15, 1997, the Superior Court, Hon. John P. Wade, granted the
City's motion for summary judgment, ordering the Lawsuit dismissed.
D. The City contends that it is entitled to reimbursement by Mr. Davis for its
reasonable attorneys' fees and costs, pursuant to the Fair Employment and Housing Act,
and that such reasonable fees and costs exceed $30,000.
E. Judgment in the Lawsuit has not yet been entered. But for this settlement
agreement, the City would bring a motion to include its attorneys' fees in the Judgment
against Mr. Davis.
F. The City and Mr. Davis wish to resolve all existing and potential disputes
between them, and between Mr. Davis and the Individual Defendants, and for that reason
enter into this Agreement.
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AGREEMENT
THEREFORE. in consideration of the above recitals, and the promises and
covenants set forth below, the parties agree as follows:
1. Mr. Davis agrees not to pursue the Lawsuit, or the claims contained therein,
either by appeal or otherwise.
2. Mr. Davis's attorney shall sign the attached dismissal with prejudice and
return it to the City's counsel of record, simultaneous with returning this signed Agreement.
Counsel for the City shall then be authorized to file the dismissal.
3. The City waives any claim to reimbursement of fees and costs from Mr.
Davis or his attorney, and further agree not to sue Mr. Davis or his attorney for malicious
prosecution.
4. Mr. Davis hereby releases and covenants not to sue the City, and its
successors and assigns, agents, attorneys, employees, officers (including, but not limited to,
the Individual Defendants), affiliated entities, attorneys and representatives, past and
present, with respect to any and all causes of action, actions, judgments, liens, indebtedness,
damages, losses, attorneys' fees, claims, liabilities, and demands of whatever kind and
character, whether or not heretofore brought before any state or federal agency or before
any state or federal court or any other governmental entity.
5. Mr. Davis understands and expressly agrees that this Agreement extends to
all claims of every nature and kind, known or unknown, suspected or unsuspected, direct or
derivative, vested or contingent, past. present or future, arising from or attributable to any
allegedly unlawful act or omission or employment practice occurring on or prior to the date
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1. of 4
of execution of this Agreement, whether set forth in any claim, charge, complaint, or
pleadings referred to herein or not, and that any and all rights granted to Mr. Davis under
Section 1542 of the California Civil Code or any analogous state or federal law or
regulation are hereby expressly waived. Said Section 1542 of the California Civil Code
reads 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.
6. All parties agree to cooperate fully and to execute any and all supplementary
documents and to take all additional actions that may be necessary or appropriate to give
full force to the basic terms and intent of this Agreement and which are not inconsistent
with its terms.
Dated: November,?Z, 1997
GERALD R. DAVIS
December
Dated: M%.55*k[r 2. 1997 CITY OF REDLANDS
ATTEST: Bv:
A L- �
Md`YM-,. City of Redlan4
lav
-Mfy)Clerk, ,Wif Redlands
6 �City
3 of 4 AMGRD
TELEPHONE NO.: MIRCOURrusEofty
Benson C. Marshall, #51-,9 (909)383-7240
Law Offices of Benson C. Marshall
290 North D Street, J800
ATroSan Bernardino,O: CA-92401
- -qNEY"Oft(m-" _Elaint-iff- Gerald R ' Davis
kMwt name Of Caue1 SM n=*Of pAWO d4b'0 6*0*011011 0010%0 WW�
San Bernardino Superior Court
Central District
PLAtN,nFFfi%=ONER: Gerald R. Davis
DEFENDANTIRE-SPONDENT. City of Redlands, et al.
REQUEST FOR DISMISSAL CASENUMSM
Personal Injury,Property Damage,or Wrongful Death
=Motor Vehicle Q Other SCV 30858
Family Law
Eminent Domain
Other(Specft age discrimination
A conformed copy will not be returned by the clerk unless a method of return Is provided with the document.
1.TO THE CLERK:Please dismiss this action as follows:
a.(1) With prejudice (2)Q Without prejudice
b.(1) Complaint (2)Q Petition
(3)Q Cross-complaint filed by(name): on(date):
(4) Cr�ss-complaint filed by(name): an(date):
(5) X Entire action of all parties and all causes of action
(6)= Other(specify):-
Date: 111,2-e/4-) ,
Benson C. Marshall
(SKMTURM
If dillnft"reQUOSOd M of gWftd p3dift OW of specified mm of Attorney or party without attorney ft
scow onty.or of spealled aanctaints onty,so state and identify
the parks causes of acum,or cross-compiwft to be dtsau=4. PlAintiltMetitioner Q Defendant/Respondent
Cross-complainant
2-To THE CLERK:Consent to the above dismissal is hereby given.'
Date.
. . . . . . . . . . . . . .h. . . . .. . . . . . . . . . . . . . . . ..
(TIME OR PRINT NAAW OF ATrOM&Y C]PARWVfflMMATr0RWr tsxeUTUFM
It a cross-compiabri—or Response (Faff* Law) SOWN affirmative Atthmey'or party without attorney for:
mhef—s on ti*tit anomey for amss-cmrPlitinarit(mapioriderM must r7 Plaintiff/Petitioner
&0 ttft consortt if mWired by Code of CivilPmCedLM section 5310) M DefendantiRespondent
or W. Cross-ccrnplainant
(ra be cut Weted by cbM
3. Dismissal entered as requested on(date):
4. Dismissal entered on(date): as to only(name):
5. Dismissal not entered as requested for the following reasons(specify):
6. a.Attorney or party out attorney notified on(date):
b.Attorney or party wittiout attorrT not notified. Filing party failed to provide
a copy to con fdrm means to return conformed copy
Date: Clerk, by Deputy
Form Adopted vv t" REQUEST FOR DISMISSAL Cole of CW Prooftra, J 581 St$00,
Judgum Council Of caldorma Cal Rules of Cwt MASS M 1233
982(aX8)(Rev.January i.19971