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Home My WebLink AboutContracts & Agreements_57-1992_CCv0001.pdf This Settlement Agreement and General Release (the "Agreement") is entered into this — day of October, 1992 by and between the City of Redlands ("City") a California general law city; Fernando M. Arias ("Arias") , an individual; Michelle Williams, an individual; and Stuart Williams, an individual, hereinafter referred to collectively as the "Parties. " RECITALS A. On or about February 12 , 1992, Arias, one of the City 's police officers, is alleged to have falsely arrested Michelle Williams and transported her to the Redlands Police Department. On February 12 , 1992 , Michelle Williams was a minor. B. On or about June 9, 1992 , Michelle Williams, a minor, by and through her Guardian Ad Litem, Stuart Williams, commenced a legal action, designated Case No. 271608 and entitled Michelle Williams,_a_minor_, by and through her Guardian Ad Litem, Stuart Williams v. Cit of Redlands Fernando M. Arias and Does 1 through 25, inclusive. In that action, the Williams sought to recover damages for the allegedly false arrest of Michelle Williams. C. The Parties acknowledge that since the filing of Case No. 271608, Michelle Williams has reached the age of majority. D. The Parties desire to resolve and settle, once and for all times, all present and past controversies, claims, causes SCC 335453 of action or purported causes of action, differences or disputes, both real and potential, arising between the Parties as a result Of the allegedly false arrest of Michelle Williams. E. This Agreement is a compromise of the claims and liabilities asserted by the Parties and shall never be treated as an admission of liability by any of the Parties for any purpose• AG.REEMEN T 1. The Parties acknowledge that the recitals are true and correct and incorporate by reference the recitals into this Agreement. 2 . Concurrently with its execution of this Agreement, the city shall pay to Michelle Williams the sum of Seventeen Thousand Five Hundred Dollars ($17 , 500) by way of a check made payable to Michelle Williams and the Mark L. Gunn Trust Account. 3. Concurrently with the execution of this Agreement, Michelle Williams and Stuart Williams shall cause their attorney of record to execute and file with the Clerk of the San Bernardino County Superior Court a request for dismissal in case No. 271608 , dismissing with the prejudice the entire action as to all defendants and furnish written proof of the dismissal to the attorney of record for the City. 4 . Each Party shall be responsible for their own costs and attorney's fees incurred in prosecuting or defending Case No. 271608 . -2- SCN135453 I and each Of Kichelle wllims and Stuart en € n behalf Of themselves and' their agents, M y , executers, heirs and assigns, hereby attorneys, representatives, release :and forever discharge the city and Fernando V.. Arias, and their elected and appointed officials, officers!, agents, directors, employees, attorneys, representatives, executors, heirs and assigns from any and all claims' causes of action, actions, d mag s, losses, demands, accounts, reckoningst rights, debts, liabilities, obligations, disputes and controversies, of every character and kind, known or unknown; suspected or unsuspected, existing , or contingent, ' latent car patent:, ass ertd or not yet asserted, which Michelle willia s or Stuart williams may now own or hold or at any time owned or held, or shall hereafter own or hold, arising out Of or in any gray connected with any tact, muter or thing whatsoever occurring that is in any way related to Case No. 211608i 6. The city and Fernando M. Arias, and each of them, on behalf of themselves and their elected and appointed officials, ficers, agents, directors, employees, attorneys, representatives, executers, heirs and assigns, hereby release and forever dischargeMice le w llia s and Stuart will ia� , and their agents, employees, attorneys, representatives, executors, heirs and assigns from any and all claims, causes of action, actions, daacles, lasses, derands, accounts, reckonings, rights, debts, liabilities,, obligations, disputes and controversies, Of every character and awn or unknown, suspected or unsuspected, existing o kind, c inti: ent, latent or patent, asserted or not yet asserted, which the city or Fernando M. Arias may now own or hole or at any time -3- owned or held, or shall hereafter own or hold, arising out of or in any way connected with any fact, matter or thing whatsoever occurring that is in any way related to Case No. 271608. 7 . The Parties to this Agreement hereby acknowledge and expressly waive the provisions of California Civil Code section 1542 . That section states: 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. 8. This Agreement cannot be modified except by written document signed by all of the Parties. 9. Each person executing this Agreement does hereby personally represent and warrant to the other signatories that he or she has the authority necessary to execute this Agreement and that no other consents or approvals of anyone are required or necessary for this Agreement to be binding. 10. This Agreement shall in all respects be interpreted, enforced and governed by and under the laws of the State of California. Any legal action to enforce or interpret any term or condition of this Agreement shall be brought in the Superior or Municipal Court of the County of San Bernardino. 11. This Agreement has been jointly negotiated and drafted. The language of this Agreement shall be construed as a whole according to its fair meaning, and not strictly for or against any of the Parties. 12 . Should any party hereto reasonably retain counsel for the purpose of enforcing or preventing the breach of any SCN135453 -4 provision hereof, including but not limited to instituting or defending any action or proceeding to enforce any provision hereof, the prevailing party shall be entitled to be reimbursed by the losing party for all costs and expenses incurred thereby, includ- ing, but not limited to reasonable attorney's fees. 13. The Parties hereto agree to execute such other docu- ments and take such other action as may be reasonably necessary to finalize and perform this Agreement. 14 . All notices or demands required, permitted or convenient in connection with this Agreement shall be in writing, mailed by first-class mail., postage and fees prepaid, or hand delivered and addressed to the other Parties and to their respec- tive counsel as follows: if to the city, Fernando (A) The City of Redlands M. Arias and Their Counsel - Attn: city Manager 30 Cajon Street Redlands, CA 92373 (B) Fernando M. Arias c/o the City of Redlands 30 Cajon Street Redlands, CA 92373 (C) Dallas Holmes Susan C. Nauss Best, Best & Krieger 400 mission Square 3750 University Avenue P.o. Box 1028 Riverside, CA 92502 if Michelle Williams, (A) Michelle Williams Stuart Williams and Their Stuart Williams Counsel: 7265 Leedom Drive Highland, CA 92346 (B) Mark L. Gunn Attorney at Law 363 West Sixth Street San Bernardino, CA 92401 -5- SCN135453 15. The Parties may execute duplicate originals of this Agreement or any ether documents they are required to sign or furnish pursuant to this Agreement. CITY OF REDLANDS Dated: C�etc�ber 20- , 1.992 . �i -- f By: U1 Title: at.cY ATTEST: City C .erk Dated: 2992 . FERN 0 M. ARIAS Dated: , 1992 . MICHELLE ILLIAMS Dated: 1992 . BTUT WILLIAMS _6,_ SCW135453 APPROVED AS TO FORM: SAW OFFICES OF MARK L. GUNN 5y= . . Mark L. Gunn BEST. BEST & KRIEGER By: Dallas Holmes Susan C. Nauss #waa! �7� BEST, BEST & KRIEGER LAWYERS 400 NFfSSDc N SQUARE WARSKALL S.RUDOLPH S750 UNIVERSITY AVENUE MATT w MORRIS KIM A SYPERS POST OFFICE BOX 1028 ARTHUR L,LITTLEWORTH* OOUGLAS a PHILLIPS' DIUNN GLEN E-STEPHENS- ANTONIA G�APHOS Jtf FREY V� CYNTHIA M GERMANO RIVERSIDE,CALIFORNIA 92502 G#W0LFE* GREGORY K.WILKINSON STEVEN C D-SAUN MARY E,GILSTRAP WILLIAM R WY%j,4E S.FURTH SR^lqr H.CIVEIRIN NGUYEN D.PHAN TELEPHONE('714)686-1450 BA#.ToN C ERIC L GARNER PARKEFLJR GAUT* DAVID L.BARON DENNIS M COTAI DANIEL C. TELECOPtERS PAUL I SCLZER* EUGENE TANAKA JULIE HAYWA-RD BIGGS GINEVAA C.MARUM DALLAS#4OLMfS_ BASIL T I CHAPMAN CHARLES F AOLLOR (714)686-3083 -682-4612 C"PISTOPHER L.CARPENTER NIICHtLLE I WCOLLt", TIMOTHY M-COS'"OR ROBERT W.HARGREA -S GLENN P SA91"F FPCH,kRD T ANDERSON* vjC TOR L.WOLF JANICE L WEIS CNAMTMt L RICHARDSON jo,jR D WAHOS- DANIEL C OLIVIER SHAPYL WALKER JOANE GARCUA-COLSON MICHACL D HARRIS* DANIEL I M-HUG" PATNtCK W PEARCE PHILIP J.KCICHLEP W.CURT EXLY' HOWARD S.GOLDS KIRK W SMITH DIANE r WIESE OF COUNSEL T"omxti S SLOVAK* to"E GROWN- STEPHEN P.DITEESCH JASON D OZAREINER STEVEN S KAUFHMD Y T RIO REBECCA MARES DURNE JAMES B.CORISON MICHAEL DELL' MARC E_EMPEY KYLE A SHC SON C,HARGRAVE MEREWTH A.JURY* jo"S.R.ROTTSCHAErER ALLf MARTIN A.MUELLER MARK A,EASTER DOROTHY I,ANDERSON MICHAEL GRANT* J.MICHAEL SU__rRCIjR DIANE L,FINLEY HENRY WELLES FRANCIS,; BAUNI* MICHELLE OUELLETTE G. ANNE T.THOMAS* VICTORIA N.KING PETER M 84RMACK ES R.HARPER O.MARTIN NETHERY- JEFFERY j.CRANDALL DAVID P P"'PPEN'SR. tjx=N ,,HARRIS GEORGE M,REYES SCO"C SMITH KENNETH R WEISS OFFICES IN WILLIAM W.FLOYD,JR- JACK 8,CLARKE,JR- SUSAN C.NAUSS (619)325-7264 MICHAEL A.CRISTE_ BRIAN M.LEWIS CHRISTOPHER DODSON PALM SPRINGS JEANNETTE A.PETERSON BERNIE L.WILLIAMSON -19!!I7} RANCHO MIRAGE(6191568-2611 KENDALL H,M*cVEY BRACKET E NEUFELD p GREGORY L.HARDKE IAyMONO BEST(IS" KANDY LEE ALLEN ELAINE E.HILL H KRIEGER ONTARIO(714)999,EtIS4 CLARK H,ALSOP* KEVIN K.RANDOLPH JAMES H. ELISE K TRAYNUM GILPIN EUGENE BEST(1893-19811 DAVID J ERWIN' WILLIAM 0 DAHUNG,JR JAMES B.MICHAEL J,ANDERSON` October 15, 1992 L-,VL DC T Y , C tg I MAJ1vAGEFj,S OFF(CE Mark L. Gunn, Esq- 363 West sixth street San Bernardino, CA 92401 Re: Williams V. City Of Redlands San Bernardino County Superior Court Case No. 271.648 Dear Mr. Gunn: ement and General Release Enclosed is a Settlement Agre in the above-referenced matter. if the Settlement Agreement is satisfactory to your clients, please have them Sian and date it at the appropriate places on page 6. Then, return the Settlement Agreement to Me for execution by the City and Mr. Arias. It is important that we expedite the Settlement and ultimate dismissal of this matter because a Case Management Conference is set for October 30, 1992. Thank you for your prompt attention. Very truly yours, Susan C. Nauss for BEST, BEST & KRIEGER City Attorney City of Redlands SCN/faw Enclosure LAW OrFICES OF BEST, BEST & KRIEGER Mark L. Gunn, Esq, October 15, 1992 Page 2 bcc: James D. Wheaton, City Manager DHolmes GTanaka DJMcHugh