HomeMy WebLinkAboutContracts & Agreements_135B-20241, .PARTIES.: The parties to this Agreement of $ettlement and General Release ("Agreement")
are Ebrahim Kazemi ("Plaintiff"), and City of Redlands ("Defendants).
2. RECITALS: This Agreementis 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 .olaims, demands
and case or causes of.aCtion set forth by the parties hereto in a .civil, action pending in the
.San I4ernardino County Superior. Court and entitled Kazeini v. City of Redlands, et al„
Case No. CIVS13.2415609;
.2,3. It is.the intention of the parties hereto to settle and dispose of„ 'hilly and completely,
any aridafl deinands and 041180 or causes of action existing as of the effective date
of this .agreement andarising out of, connected with, or incidental to the dealings between
parties hereto to the effective.date hereofincluding, without limitation on the generality
ofthe foregoing, any and all claims, demandsand, cause or muses of action reflected in
the civil action referenced in Paragraph 2,2above,
DISMISSAL Concurrently .With the eXecution. Of this Agreement, Plaintiff shall dismiss,. with
prejudice, the civil 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, Defendant shall pay to
Plaintiff, the aggregate sum OfPive Hundred Deltas ($500.00) in a check made payable to
Milligan, Beswick, Levine & Knox, LLP and Plaintiff.Ebrahim Kazemi.
5 :GENERAL RELEASE:: In consideration of the nxutual general releases contained herein, and
.for other .gOb4 and Valuable consideration, thereceipt: of which is acknowledged by each party
hereto,the parties .prise, agree and generally release as follows:
5,1 Except as to 'such rights or olairrxs as may be created by this Alreement, each party
hereto hereby iease, remises and forever discharges each other party hereto from any
andall ciams, de:bands ,and cause or causes of actiOri eXisting ts ofthe effective date and
arising .out of, connected with or in0identa1. to the dealings between the parties 'hereto
priOrsto the effectivedate hereof including, without limitation on the generality. of the
foregoing, any and all claims, demands and causeor causes of action reflected in the civil
aotiorx.referenced in Paragraph, 2.2 above,
dement: and GeriettIR
Page 1 of 4
5.2 Each patty to this Agreement specifically waives the 'benefit of provisions of Section
1542 of the 041..,Code of the State of California, as follows:
A general release 'does not extend. to elabns- which the creditor do.es not know or
suspea to exist in his or her favor attlae time of executing the release, which if
krtown by him or:her must have materially affected his ,or ,her settlement with the
debtor.
6.. REPRzsENTATIONS AND WARRANTIES: Each of the parties to this Agreement represents
and warrants to, and ; toes with, each party hereto, as follows:
6. I Each party has received independent legal advice frorn 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
,Codt Section 1542.
62 No party .(or atly officer „tent, .ern:ployeeo representative, or .attorney of or for any
party), has mado any statement or.represontationor failed to make any statement or
representation to any other party regarding any fact relied upon in entering into this
Agteernent, andetickparty does net rely npon any statement, representation, omission or
promise 'of any .other. party (or of any ,oMeer, agent,. employee, representative, or attorney
of or for any party).„ in executing this Agreement, or in making the settlenaentptovided
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.
thissettlement and this, Agreement,. and all the natters. pertaining thereto, as it deems
necessaxy.
6,4 Each patty '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 st..ich respective
Corporation,.
6,5 in entering into this Agreement and. the settlement provided for herein, each party
*mos the ris.kof.any misrepreSentation, concealment or mista.ke. if any party should
subsequently discover that any fact relied upon by it in entering into this Agreement. was -
untue, or that any fact wasconcealed from Jt. or that its understanding of the facts or of
the law was inemect, such party shall not be .entitled to any relief in connection
therewith noIud1ng,.withontlimitation on the genetak ofthe feregoing, anyalleged
right or claim to set asideor rescind this Agreement. This Agreement is intended to be
and is final and binding between tha. parties hereto, regardless of any clainis. of
misrepresentation, promise made without the intention to perform, concealment of.fact,
MiStake. af fat or law, :Or of any other eiteuvistatOO whatsoever..
Agreemrt of Sl±1rnntand General Release Page.2 of 4
6.6 Each party has not heretofore assigned, transferred, or granted, or purported to assign,
transfer, or grant, aiiy of the Claims, demands, and cause or causes .of aetion disposed .of
by this Agreement,
6..7 Each term Of this AO1flflt is. contractual and not merely a rwital,
6.8 Each party is aware that it :may hereafter discover claims or facts in addition to or.
different from those it now knows or believes to be true with respect to the matters
related herein.. Nevertheless, it is the intention of the parties to ftiiiy fatally and 'forever
to .settle: and release all. such matters, arid all .olaimsrelative thereto, which do now exist,
may exist, or heretofore have. existed between them. Infurtherance of such intention, the
releases given herein sheaf. 'be. and reran in effect as full and complete mutual releases of
all sueli.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, corivenient, ‘necessary or desirable to carry out the provisions of tbis
Agreement.
6.10 Plaintiffagrees to hold Defendant harmless from, and defend and indemnify
Defendant from, the claims of any and medical care providers and/or lienholders,
including, but not limited to, Medicare or MediCal, providing medical services to
Plaintiff as a msult of the subject accident.
.S.EriLEMENT:. This.A;gretnent. effects the settlement of claims which are denied and
contested, and nothing contained herein shall be construed as an admission by any party hereto
ofoy li'•6bility of any kind to any other party. Each of the patties hereto 'denies any liability in
connection with any claim and intends hereby solely to avoid litigation and buy its peace.
8. MISCRLLANEOM
8.1 ThisAgre.em,ent 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 oonstreed and
enforced iii.accordanee 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.super.sedes all prior and contemporaneous oral and written
agreements and discussions, This :Agreement may be amended only by :an agreement in
wilting,. signed by thoparties thereto.
8,3 This .Agreenient is binding upon and shall inure to the benefit adze parties hereto,
tkirtOpeetive age•nts•, dralpioye6srOpitsentativeg, officers, directors, divisions,
• ,erit;oStUemed Gerter.al Pa.e 3 of 4
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 four pages, is made and entered into on and as of
. July 8, 2024, in Redlands, California, and is effective as of this date.
1
EBRAT-IIM KAZEMI, Plaintiff
CITY OF REDLANDS
BY:
CHARLES M DUGGA , City, anager
APPROED A§ TO FORM AN fI TT
> \. i .y
t,.--4 ---�
C. Patn c Milligan, ttorney for Pllnntiff \,,.
EB
ed.
ruce E. Disenho se, Attorney for Defant
CITY OF REDLANDS
Agreement of Settlement and General Release
ATTEST:
ne Donaldson, City Clerk
Page 4 of 4