HomeMy WebLinkAboutContracts & Agreements_191-2024SETTLEMENT, MUTUAL AGREEMENT AND
GENERAL RELEASE OF CLAIMS
THIS SETTLEMENT, MUTUAL AGREEMENT AND GENERAL RELEASE OF
CLAIMS ("Agreement") is made and entered into by and between Sandy Sedlick and Joseph
Sedlick, and the City of Redlands, Yessenia Blevens, Tyler Frisch, Tyler Simonsen, and Isaac
Spiegel (hereinafter "Redlands Defendants"). Sandy Sedlick and Joseph Sedlick and the
Redlands Defendants are sometimes referred to collectively at times herein as the "Parties," or
individually as "Party."
RECITALS
A. Sandy Sedlick and Joseph Sedlick filed a lawsuit against the Redlands Defendants
alleging four claims for relief for (1) Fourth Amendment —Detention and Arrest (42 U.S.C. §
1983); (2) Fourth Amendment —Excessive Force (42 U.S.C. § 1983); (3) Fourth Amendment —
Denial of Medical Care (42 U.S.C. § 1983); (4) Substantive Due Process (42 U.S.C. § 1983); (5)
Municipal Liability —Ratification (42 U.S.C. § 1983); (6) Municipal Liability —Inadequate
Training (42 U.S.C. § 1983); (7) Municipal Liability— Unconstitutional Custom, Practice, or
Policy (42 U.S.C. § 1983); (8) Battery (Wrongful Death); (9) Negligence (Wrongful death); (10)
Violation of Cal. Civil Code §52.1; (11) Intentional Infliction of Emotional Distress; and (12)
Negligent Infliction of Emotional Distress arising out of an officer -involved shooting in a case
entitled Sedlick v. City of Redlands et al. (United States District Court Case No. 5:23-ev-00457-
JGB (SPx) (the "Dispute");
B. Both Parties desire to resolve the Dispute due to the uncertainties of litigation, and
therefore to settle fully and finalize all differences between them arising from the Dispute;
C. The Parties intend, by this Agreement, to settle any and all claims in connection
with the Dispute, and the events giving rise therein, whether alleged or unalleged, for the total
sum of One Million Dollars ($1,000,000);
D. This Agreement does not constitute an admission of any liability or wrongdoing
whatsoever on the part of any of any of the Parties hereto.
AGREEMENT AND RELEASE
For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
1. Payment. Payment is contingent upon execution of this Agreement. Within
fourteen (14) business days of receipt of the executed Agreement, the City of Redlands shall
make full and final payment as follows:
(a.) The sum of $1,000,000 to Plaintiffs, Sandy Sedlick and Joseph Sedlick
made payable to Sandy Sedlick and Joseph Sedlick's counsel of record as follows:
"The Sehat Law Firm — Attorney Client Trust Account, Sandy Sedlick and Joseph
Sedlick". The check shall be mailed to 5100 Campus Drive, Suite 200 Newport
Beach, CA 92660.
2. Dismissals. Upon receipt of the agreed upon settlement payment, counsel for
Sandy Sedlick and Joseph Sedlick will execute a stipulation for dismissal, with prejudice, of the
Dispute, and in no event later than five (5) business days after receipt of payment, upon counsel
for the Redlands Defendants at 3777 N. Harbor Boulevard, Fullerton, CA 92835.
3. Notice. All notices to be given pursuant to this Agreement, shall be in writing
and shall be delivered to the following addresses, or such other addresses as the parties may later
designate in writing:
If to Sandy and Joseph Sedlick: THE SEHAT LAW FIRM 5100 Campus Drive., Suite
200 Newport Beach, CA 92660. Such notice shall also be emailed to
cameron@sehatlaw.com.
If to the Redlands Defendants : Jones & Mayer and mailed to 3777 N. Harbor Blvd.
Fullerton, CA 92835. Such notice shall also be emailed to dlr@jones-mayer.com.
4. Release by Sandy Sedlick and Joseph Sedlicic. Sandy Sedlick and Joseph Sedlick,
individually, and on behalf of themselves, their respective successors, assigns, principals, agents,
employees, consultants, representatives, attorneys, bonding companies and insurers release and
forever discharge the Redlands Defendants, as well as its respective successors, assigns,
principals, agents, employees, elected officials, consultants, representatives, attorneys, bonding
companies and insurers from any and all liability in connection with all claims, damages,
attorney's fees, costs and allegations arising from or in any way related to the Dispute, whether
made or unmade, asserted or unasserted, stated or unstated or that could have been stated, and of
any kind whatsoever.
5. Release by the Redlands Defendants. The Redlands Defendants and their
respective successors, assigns, principals, agents, employees, consultants, representatives,
attorneys, bonding companies and insurers release and forever discharge Sandy Sedlick and
Joseph Sedlick individually and each of his respective successors, assigns, principals, agents,
employees, consultants, representatives, attorneys, bonding companies and insurers from all
liability in connection with all claims, damages, attorney's fees, costs and allegations arising
from or in any way related to the Dispute, whether made or unmade, asserted or unasserted, state
or unstated or that could have been stated, and of any kind whatsoever.
6. No Liens: Sandy Sedlick and Joseph Sedlick represents and acknowledges that
there have been no attorney, medical, or other liens that have been served or filed to date in
connection with the Dispute. Sandy Sedlick and Joseph Sedlick agrees that they shall be solely
responsible for any and all liability associated with any such liens.
7. Civil Code 1542 Release. The Parties are aware of all rights that may be granted
to them pursuant to Civil Code Section 1542, which section reads, in pertinent part, as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR DOES NOT KNOW TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY
2
HIM OR HER MUST HAVE MATERIALLY AFFECTED
HIS OR HER SETTLEMENT WITH THE DEBTOR."
The Parties nevertheless waive all rights granted to them by Section 1542, and any
similar statute, code, law or regulation of any state of the United States, or of the United States,
and assumes all risks for claims arising in the Dispute, heretofore or hereafter arising, known or
unknown, from the subject matters of this release. Furthermore, the Parties agree that the facts on
which the release under which this Agreement is based, may turn out to be different from the
facts now known or believed to be true in respect to the matters referred to above. Nevertheless,
the Parties accept and assume the risk that such facts may turn out to be different and agrees that
the terms of the release in this Agreement shall in all respects be effective and not subject to
termination, rescission, modification by an such difference in the facts.
8. No Admission of Liability. The Parties understand and agree that this Agreement
is not to be construed as an admission of liability whatsoever on the part of the Redlands
Defendants or any City employee, and that this Agreement is made solely for the purpose of
avoiding the burden that would be imposed upon the Parties by further litigating the Dispute.
9. No Assignment. The Parties, and each of them, represent and warrant that they
have not assigned or transferred, or purported to assign or transfer, and shall not hereafter assign
or transfer, any obligations, liabilities, demands, claims, costs, expenses, debts, controversies,
damages, actions, and causes of actions released under this Agreement.
10. Consultation With Attorney. Each Party declares that prior to the execution of this
Agreement, he/she/it has consulted with his/her/its attorney in order that he/she/it may
intelligently exercise his/hers/its own judgment in deciding whether to execute this Agreement.
11. Authority to Execute Agreement. Each Party declares that he/she/it has read this
Agreement and understands and knows the contents thereof, and represents and warrants that
each of the Parties executing this Agreement is empowered to do so and hereby binds the
respective Party, and all of its successors, assigns, principles, agents, employees, consultants,
representatives, attorneys, bonding companies and insurers to the terms hereunder.
12. Counterparts. This Agreement may be executed in counterparts, and all so
executed shall constitute an agreement binding on the Parties hereto. The Parties further agree
that a facsimile and/or scanned copy of the executed counterparts shall have the same force and
effect as an original.
13. Enforcing Agreement. This Agreement shall in all respects be interpreted,
enforced and governed under the laws of the United States or the State of California, as
applicable, and this Agreement is fully enforceable pursuant to California Code of Civil
Procedure section 664.6, or its federal counterpart.
14. Jurisdiction and Venue. This Agreement is intended to be construed pursuant to
the laws of the State of California. Each Party hereto agrees that the proper venue for any action
arising out of the breach or the interpretation of this Agreement or other documents delivered
pursuant to any provision thereof, shall be the United States District Court, Central District of the
State of California.
15. Entire Agreement. This Agreement constitutes the entire understanding between
and among the Parties hereto. Each Party acknowledges that no Party, agent or representative of
the other Party has made any promise, representation or warranty, express or implied, not
expressly contained in this Agreement, that induced the other Party to sign this document. Both
Parties agree that this Agreement shall not be amended or modified, except in writing signed by
each Party, and shall not be construed against any Party because that Party's representative
drafted the Agreement or any portion of it.
16. Additional Acts. The Parties agree to perform such further acts and to execute
and deliver such further documents as may be reasonably necessary or appropriate to carry out
this Agreement.
17. No Other Promise or Warranty. No promise or warranty shall be binding on any
Party except as expressly contained in this Agreement.
18. Not Bindingon n Any Third Party. This Agreement is not for the benefit of any
person or party who is not a signatory hereto or specifically named or referred to herein.
19. If AM Provision Is Void. If any provision of this Agreement shall be determined
to be invalid, void or illegal, such provision shall be construed and amended in a manner which
would permit its enforcement, but in no event shall such provision affect, impair or invalidate
any other provision hereof.
20. Agreement Binding on Successors. It is agreed that this Agreement, together with
the releases, shall be binding upon and inure to the benefit of the heirs, executors, administrators,
personal representatives, successors in interest and assigns of the respective Parties hereto.
21. Attorneys' Fees. The Parties shall each bear their own attorney's fees and costs
incurred in litigation of the Dispute. However, should either Party initiate any action at law or in
equity to enforce or interpret the terms of this Agreement, the prevailing Party shall be entitled to
reasonable attorneys' fees and costs.
22. Gender and Number. Within this Agreement, words of any gender shall be held
and construed to include any other gender, and words in the singular number shall be held and
construed to include the plural, unless the context otherwise requires.
23. Effective Date. This Agreement shall be effective as of the last date set forth
below.
WHEREFORE, the undersigned having read the foregoing Settlement and Release
Agreement, and fully understanding it, and agreeing to its terms, hereby execute this Agreement
and make it effective on the date of the last signature hereto.
DATED: Sapt@w.4" 5" 2024 CITY OF REDLANDS
By: &&k0le,;a
CHARLES M. DUGG �n� �� s
C tV H4A4 -1 C 1 /yD IUD
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DATED: October 1 2024
City Manager, City of Redlands
SANDY SEDLICK
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DATED: October 1 2024 JOSEPH SEDLICK
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APPROVED AS TO FORM AND CONTENT:
DATED: OGU" �, 2024
THE SEHAT LAW FIRM PLC
Cameros .' hat, �. q.
Attorne r Plaii iffy SANDY SEDLICK and
JOSEPII L 1Ck
DATED: October 1, 2024 JONES & MAYER
�4By: I o-J
Dens Lynch Rocawich. Esq.
James R. Touchstone, Esq.
Attorncy for Dcfendants, CITY OF
REDLANDS, YESSENIA BLEVENS,
TYLER FRISCH, TYLER SIMONSEN, and
ISAAC SPIEGEL
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eSignature Details
Signer ID:
42KG6rFdM61T3vgr4y95G3Ao
Signed by:
Joey Sedlick
Sent to email:
sedlick.joey71 @gmail.com
IP Address:
174.243.245.98
Signed at:
Oct 1 2024, 8:01 am PDT
Signer ID:
cGM3zSLxVsE1 kGkbQKPeL7j2
Signed by:
Sandy Sedlick
Sent to email:
sandysedlick@gmail.com
IP Address:
76.86.80.161
Signed at:
Oct 1 2024,10:43 am PDT