HomeMy WebLinkAboutContracts & Agreements_17B-2023AGREEMENT OF SETTLEMENT AND•
GENERAL RELEASE
1, PARTIES: The parties to this Agreement of Settlement and. General Release ("Agreement')
art Noelle Barajas by and through her Guardian ad Litem Ramona Ramos,. ("Plaintiff'), and City
of Redlands ("Defendant").
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 Noelle Baraias v. City of Redlands,
Case No. CIVDS 1719737.
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
ofthis agreement and arising out of, connected vvith, at incidental to the dealings between
parties hereto to the Active 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, DiSMESAL: Concurrently with the execution of this Agreement and the approval of the
Minor's Compronalse Petition to he filed on M1110E1\190110 Barajas' behalf, Plaintiffs shalt
dismiss, with prejudice, the civil action referenced in Paragraph 2.2 above, In exchange for the
promises, covenants, conditions and payments set forth hi Paragraph Four.
4, PAYMENT: Concurrently with the execution of this Agreement and the approval of the
Minor's Compromise Petition to be filed on PlaintiffNoelle Barajas's behalf? Defendant shall
pay to Plaintiffs the aggregate sum of FORTY FIVE THOUSAND Dollars ($45,000.00), with
the settlement payments to be made pursuant to the Court's lanualy 18, 2023 order approving the
Minor's Compromise Petition filed on behalf of Noelie Barajas.
5, GENERAL RELEASE: In consideration of the mutual general releases contained herein, and
for other good and valuable consideration, the receipt of which is acknowledged by each party
hereto, the parties• promise, agree and generally release EtS 10110V1$:
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 fromany
and all elaims, demands and cause or causes of action existing as of the effective date and
arising out ofconnected with or incidental to the dealings between the parties hereto
prior to the effective date hereof including, without limitation on the generality of the
agreement of settlement -and Getters!, Reicac Page 1 of 5
foregoing, any and all claims„ demands and use or causes of action reflected in the civil
action referenced in Paragraph 22 above.
5,2 Each party to this Agreement specifically waives the bene
1542 of the Civil Code of the State of California, as follows;;
f provisions of Section
A general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release, whieh if
known by him or her must have materially affected his or her settlement with the
debtor.
6. REPRESENTATIONS AND WARRANTIES: Each of the parties to this Agi
and warrants to, and agrees with, each party hereto, as follows:
rientrepresents
6.1:Each party has received independent legal advice from, its attorneys with respect to
the advisability of making the settlement provided for herein, 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 (hor 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 airy 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 facts pertaining to
this settlement and this Agreement, and all the matters pertaining thereto, as it deems
necessary.
6.4.Each party oriesponsible officer thereof has read this Agreement and understands the
contents hereof Bach of the officers executing this Agreement: on behalf of their
respective corporations is empowered to do so and thereby binds such respective
corpporation,
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
Agreement of settlement and General Release Page 2 of 5
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 party is aware that it may hereafter discover claims or facts in addition. to or
different from those it MO 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 them. in thrtherafice of such intention, the
releasea 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 this
Agreement
6,10 Plaintiffs agrees to hold Defendant harmless from, and defend and indemnify
Defendant from, the clitims.of all medical care providers and/or lienholders, including,
but not limited to, Medicare or Medi Gal, providing medical services to Plaintiff Noelle
Barajas as •a result of the subject accident,
7. SETTLEMENT: This Agreement effects• the settlement of claims whidh 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 patties with respect to the
subject matter hereof and supersedes all prior and contemporaneous oral and written
agreements and discussions. This Agreement tnay 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,
Agreement of Settlement and General Release Rage 3 of 5
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, consisting of five pages, is made and entered into on and as of
January , 2023 in Redlands, California, and is effective as of this date.
BY:
BY:
NOELLE Bf JAS by and through
her Guar Ad Litem Ramona Ramos
CITY OF REDLANDS
Eddie Tejeda, Mayor
ATTEST
NE DONALDSON, City Clerk
Agreement of Settlement and General Release
Page 4 of 5
APPROVED AS TO FORM AND QONTENT:
DATED: - 2 S _2, 3
Keith Adesko, Attorney for Plaintiff
NOE LE BAIAJAS
DA 1'ED:
ruce E. Disenhouse, Attorney for Defendant
CITY OF REDLANDS
/2?
Agreement of Settlement and General Release Page 5 of 5