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HomeMy WebLinkAboutContracts & Agreements_172-2022Settlement Agreement and Release of All Claims Lissette Atkinson v. City of Redlands SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Settlement Agreement and General Release ("Agreement") is entered into between the City of Redlands, its past or present council members, directors, governing body, employees, agents, predecessors, attorneys, divisions, departments, representatives, insurers, successors in interest and assigns, and all persons acting by, through, under or in concert with any of them (collectively, the "City"), on the one hand, and Lissette Atkinson ("Atkinson" or "Plaintiff") on the other. The City and Plaintiff are collectively referred to as the "Parties" or individually as a "Party" with reference to the following: RECITALS A. WHEREAS, Plaintiff was employed by the City as an Animal Control Officer; B. WHEREAS, Plaintiff voluntarily resigned her employment with the City in November 2021; C. WHEREAS, Plaintiff subsequently sent a request to the City of Redlands Animal Control on December 28, 2021, pursuant to California Labor Code section 1198.5, for a copy of her personnel file; however, Plaintiff did not direct that request to the City's Human Resources Department, where the City maintains employee personnel files; D. WHEREAS, on April 12, 2022, Plaintiff filed a lawsuit against the City in the San Bernardino County Superior Court, Case No. CIVSB2206157 (hereinafter "Lawsuit"), alleging violation of California Labor Code section 1198.5 and seeking injunctive relief, a $750.00 penalty and reasonable attorneys' fees and costs; E. WHEREAS, upon receiving Plaintiff s lawsuit, the City notified Plaintiffs attorney that it was not aware of Plaintiff s request for a copy of her personnel file and immediately ensured that Plaintiff received a copy of her personnel file; F. WHEREAS, despite having received her personnel file, Plaintiff continues to pursue injunctive relief, penalties, attorney's fees and costs through the Lawsuit; G. WHEREAS, the City categorically denies any and all of the claims and allegations asserted by Plaintiff against the City but has been forced or may be forced to incur significant fees and costs as a result of Plaintiff s Lawsuit and therefore wishes to avoid incurring any additional litigation expenses; H. WHEREAS, this Agreement is intended to be a full, complete and final settlement of each and every claim, cause of action, appeal, or liability, whether known or unknown, Plaintiff may have or may have had against the City prior to and up through the date Plaintiff executes this Agreement, arising out of, or in any way related to the claims for violations of Labor Code section 1198.5, as alleged in the Lawsuit. Doc ID: 76e5630b7be03b0e968e4a97bc540b21f5acfOf1 Settlement Agreement and Release of All Claims Lissette Atkinson v. City of Redlands NOW THEREFORE, and in consideration for the promises contained herein, and other good and valuable consideration, receipt of which is acknowledged by the execution of this Agreement, and to avoid unnecessary litigation, it is agreed by and between the Parties as follows: I. WAIVER AND RELEASE A. No Admission of Liability. This Agreement and compliance with this Agreement shall not in any way be construed as an admission by the City or Plaintiff of the truth of any allegations, or an admission of any unlawful acts or other liability whatsoever against each other or against any other person or entity. The City and Plaintiff specifically disclaim any liability to, against each other, or against any other person or entity, on the part of themselves, any related person or any related predecessor corporation or its or their agents, representatives or successors in interest and assigns. This Agreement cannot be used by a Party to demonstrate any admission of liability or wrongdoing by another Party. B. Plaintiffs Release of Claims. Plaintiff hereby and forever releases and discharges the City, and any past and/or present parent, subsidiary and/or affiliated entities, as well as any past and/or present direct or indirect successors, officers, officials, current and former directors, current and former trustees, heirs, predecessors, assigns, agents, insurers, employees, lay volunteers or representatives, attorneys and representatives, of each and every party, and each of them, past and present ("Releasees"), from any and all causes of action, judgments, liens, indebtedness, damages, losses, claims, liabilities, and demands of whatsoever kind or character, known or unknown, suspected to exist or not suspected to exist, anticipated or not anticipated, whether or not it has been brought before any state or federal court or before any state or federal agency or other governmental entity, arising from or related or attributable in whole or in part to the claims for violations of Labor Code section 1198.5, as alleged in the Lawsuit, whenever those claims may have occurred. C. Waiver of Unknown Claims. Plaintiff understands that this Agreement extends to all disputes or claims of every nature and kind, known or unknown, actual or potential, anticipated or not anticipated, suspected or unsuspected, between the Parties at the time of execution of this Agreement arising out of or related to her claims for violations of Labor Code section 1198.5, as alleged in the Lawsuit. Plaintiff hereby waives any and all rights that she may have pursuant to California Civil Code section 1542, which reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. Plaintiff waives any right she might have to invoke section 1542 now or in the future with respect to the releases set out in this Agreement. Plaintiff recognizes and acknowledges that factors which have induced her to enter into this Settlement Agreement may turn out to be incorrect or different from what she had previously anticipated, and Plaintiff expressly assumes all of the risks of this waiver of section 1542. Doc ID: 76e5630b7be03b0e968e4a97bc540b2lf5acfOf1 Settlement Agreement and Release of All Claims Lissette Atkinson v. City of Redlands D. Effective Date. The Effective Date of this Agreement shall be when all Parties have signed this Agreement. H. PAYMENT AND DISMISSAL The Parties agree that upon execution of this Agreement, the Parties shall perform the following acts: A. Immediately upon executing this Agreement, Plaintiff agrees that the Lawsuit will be withdrawn in its entirety with prejudice. B. Plaintiff and/or her counsel, Silvia Luna of the Luna Legal Firm, shall sign and forward to the City's attorneys, Liebert Cassidy Whitmore Attn: Stefanie K. Vaudreuil, 401 W. A St., Suite 1675, San Diego, CA 92101, a request for dismissal of the Lawsuit with prejudice. Liebert Cassidy Whitmore shall not file the dismissal until payment of the Settlement Proceeds, described in Section II(C) below. The payment of Settlement Proceeds is contingent on Liebert Cassidy Whitmore's receipt of the request for dismissal with prejudice of the Lawsuit. C. The City shall pay to Plaintiff the total sum of Five Thousand dollars and zero cents ($5,000.00) (the "Settlement Proceeds") to be paid as directed below: Five thousand dollars and zero cents ($5,000.00) shall be made payable to "Luna Legal Firm and Lisette Atkinson" as attorneys' fees and costs, to be reported on Form 1099 and/or W2 as required by law. 2. The payment of the Settlement Proceeds shall be made to Luna Legal Firm and Lissette Atkinson within 30 days of the final execution of this Agreement, provided that: both the City and Plaintiff have approved the Agreement; Plaintiff or Plaintiff's counsel of record has tendered the signed request for dismissal to the City; and both Plaintiff and Plaintiff's counsel of record have provided completed Form W-9s prior to payment. IIl. GENERAL PROVISIONS A. No Representation of Tax Liabilities. No Party, including the attorneys for any Party, has made any representations or warranties regarding whether the Settlement Proceeds are subject to taxation. The City does not bear any responsibility for tax liability that may arise as a result of the Settlement Proceeds. Plaintiff agrees to assume any responsibility for payment of taxes for any of the Settlement Proceeds. Plaintiff agrees to indemnify and hold the City and all Releasees harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement. Plaintiff and her counsel each agree to be jointly and severally liable for indemnifying and holding the City, its agents, attorneys and assigns, harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement and/or for any liability that may be incurred as a result of any dispute over payment of the Settlement Proceeds arising between Plaintiff and her counsel Luna Legal Firm. Doc ID: 76e563Ob7beO3bOe968e4a97bc54Ob21f5acfOf1 Settlement Agreement and Release of All Claims Lissette Atkinson v. City of Redlands B. Each Party to Bear Own Fees and Costs. Aside from what is specifically provided for in this Agreement, each Party shalt bear their own costs, expenses and attorneys' fees incurred in connection with the proceedings and/or events resulting in and/or preceding this Agreement, or in connection with any other claims made or investigated by either Party against the other in any foram (civil, criminal, administrative or quasi -administrative), and each of the Parties hereto expressly waives any claim for recovery of any such costs, expenses or attorneys' fees from the other Party. Attorneys for all Parties to this Agreement do likewise expressly waive any claim for recovery of costs, expenses and/or attorney's fees from the opposing Party(ies). Neither Party shall be deemed a "prevailing party" by virtue of executing this Agreement. C. No Prior Assignments. Plaintiff represents that she has not assigned or transferred, or purported to assign or transfer, to any person or entity, any claim or any portion thereof or interest therein against the City. D. Enforcement, This Agreement is made and entered into in the State of California, and shall be governed, interpreted, and enforced under the laws of the State of California. The Parties agree that jurisdiction and/or venue of any action involving the validity, interpretation, or enforcement of this Agreement or any of its terms, provisions, or obligations, or claiming breach thereof, shall exist exclusively in a court or government agency located within the County of San Bernardino, State of California. The Parties further agree that this Agreement may be used as evidence in any subsequent proceeding in which any of the Parties allege a breach of this Agreement or seek to enforce its terms, conditions, provisions, or obligations. E. Covenant to Effectuate Agreement. Each Party hereto agrees to do all things and execute and deliver all instruments and documents necessary to fulfill and effect the provisions of this Agreement and to protect the respective rights of the Parties to this Agreement. F. Waiver of Terms of Agreement. No waiver by any Party of any breach of any term or provision of this Agreement shall be construed to be, nor be, a waiver of any preceding, concurrent or succeeding breach of the same, or any other term or provision hereof. No waiver shall be binding unless in writing and signed by the Party to be charged or held bound. It is further understood and agreed that if, at any time, a breach of any term of this Agreement is asserted by any Party hereto, that Party shall have the right to seek specific performance of that term and/or any other necessary and proper relief, including, but not limited to, damages. G. No Duress or Undue Influence. The Parties represent and agree that they have carefully read and fully understand all of the provisions of this Agreement, and that they are voluntarily, without any duress or undue influence on the part of or on behalf of any Party, entering into this Agreement. H. Consultation with Counsel. The Parties affirm that, prior to execution of this Agreement, they have consulted with their respective legal counsel/representatives concerning the terms and conditions set forth herein, and that they understand the advice provided to them. I. Entire Agreement. This Agreement contains all of the terms and conditions agreed upon by the Parties hereto regarding the subject matter of this Agreement. Any prior agreements, 0 Doc ID: 76e563Ob7beO3bOe968e4a97bc54Ob21f5acfOf1 Settlement Agreement and Release of All Claims Lissette Atkinson v. City of Redlands promises, negotiations, or representations, either oral or written, relating to the subject matter of this Agreement, not expressly set forth in this Agreement, are of no force or effect. J. Interpretation. This Agreement has been jointly negotiated and drafted by counsel for the Parties. The language in this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any of the Parties. K. Severability. In the event that any one or more provisions of this Agreement shall be declared to be illegal, invalid, unenforceable, and/or void by a court of competent jurisdiction, such provision or portion of this Agreement shall be deemed to be severed and deleted from this Agreement, but this Agreement shall in all other respects remain unmodified and continue in force and effect. L. No Precedent. This Agreement is in no way intended, and shall in no way be construed, to restrict rights guaranteed to the EMPLOYER under local, state or federal law, rule, policy or agreement or to establish a precedent in this or any other matter, now or in the future. M. Confidentiality and Disclosure of Terms. Except as disclosed to the Court herein, the Parties each agree to maintain the confidentiality of the negotiations underlying this Agreement to the extent permitted by law, and agree that they shall not voluntarily and publicly discuss the negotiations that led to this Agreement. This provision shall not extend to any information related to the negotiations of this Agreement that the City may be required to disclose pursuant to the requirements of the Ralph M. Brown Act, Government Code section 54950, et seq., the California Public Records Act, Government Code section 6250, et seq., or the provisions of any other law or regulation requiring disclosure of information by public entities. N. Execution of Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A photocopy or facsimile transmission of the Agreement, including signatures, shall be deemed to constitute evidence of the Agreement having been executed. PLEASE READ CAREFULLY. THIS SETTLEMENT AGREEMENT AND RELEASE INCLUDES A RELEASE BY PLAINTIFF LISETTEE ATIaNSON OF ALL KNOWN AND UNKNOWN CLAIMS ARISING FROM OR RELATED TO THE LAWSUIT. IN WITNESS WHEREOF, the Parties hereto have executed the Settlement Agreement and General Release. 08122 / 2022 Dated: By: Lissette Atkinson, Plaintiff Doc ID: 76e563Ob7be03b0e968e4a97bc54Ob21f5acfOf1 Settlement Agreement and Release of A11 Claims Lissette Atkinson v. City of Redlands THE CITY OF REDLANDS Dated: .2 O � 2 By: Charles M. Duggan, Jr. City Manager APPROVED AS TO FORM: Dated: 08 i 22 / 2022 Dated: * Z ZZ- By: 6-6- Silvia Luna LUNA LEGAL FIRM Attorneys for Plaintiff By: li'4 �- Vvette Abich Garcia City of Attorney for City of Redlands Doc ID: 76e563Ob7beO3bae968e4a97bc54Ob21f5acfOf1