CONTRACT 4856 Settlement AgreementAgreement No. 4856
SETTLEMENT AGREEMENT AND RELEASE
THIS SETTLEMENT AGtItEEMENT AND RELEASE ( "Agreement " ") is made and
entered into as of this day of P`* , 2015 (the "Effective Date ") by and between SANDRA
LORENA JAUREGUI, an individual ( "Jauregui "), CITY OF EL SEGUNDO, a general law city
and municipal corporation ( "City "), and RUSSEL COOPER PATTON, an individual ( "Patton").
The above parties will be collectively referred to as the "Settling Parties."
RECITALS
WHEREAS, on or about February 22, 2014, Jauregui was involved in an auto accident in
the City of E1 Segundo; Jauregui alleged that the accident was caused, in part, due to Patton's
allegedly negligent operation of his official El Segundo Police Department vehicle; Patton and the
City dispute any liability for the accident ( "Dispute ");
WHEREAS, on or about September 15, 2014, Jauregui filed a Complaint for Damages in
the Superior Court for the State of California for the County of Los Angeles (Case No. 14K12228)
( "Complaint" or "Action "). The Complaint alleged that the City and Patton breached their duty of
care owed to Plaintiff related to Plaintiff's accident;
WHEREAS, without admitting any fault, the Settling Parties now wish to resolve the
Dispute, the Action and all attendant and potential litigation arising therefrom.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants, promises and undertaking
set forth herein and other consideration, the receipt and adequacy of which are hereby
acknowledged, Jauregui, the City and Patton agree as follows:
City's Obligation. Within ten (10) business days of execution of this Agreement, City
shall remit a check in the amount of seven thousand 1" VF JwV� ed dollars and zero cents
($7,500.00) payable to ��dro• � City ' p act` is mac, As a means of
compromise to settle the Action again d the City and Patton and shall not be used now
or in future proceeding as evidence that either the City or Patton has any legal
obligation to pay any attorney's fees.
2. Jaure ui's Obligation. Within two (2) business days of receipt of the payment described
in Paragraph 1, Jauregui shall prepare and file with the Superior Court for the State of
California for the County of Los Angeles a request for dismissal with prejudice of the
Action.
3. Release.
a. Jauregui hereby fully and forever releases and discharges Patton and the
City, and its respective officers, elected or appointed officials, attorneys, agents, representatives,
employees, successors, and assigns, and each of them (collectively the "City Parties "), who are
each express third party beneficiaries of this Agreement, from any and all past, present or future
claims, actions, losses, liabilities, causes of action, liens, demands, rights, damages, costs,
Agreement No. 4856
attorney's fees, interest, expenses, reimbursement and compensation of any nature whatsoever
(collectively, "Claims "), whether known or unknown, disclosed or undisclosed, and whether or
not anticipated, in any way related to the Dispute and the Action.
b. This Agreement and the City's payment is in full accord, satisfaction and
discharge of any and all Claims for compensation of any kind that Jauregui may have related to
the Dispute and the Action and against Patton and the City Parties, including costs, expenses, and
fees, including attorney's fees.
C. Except as set forth in this Agreement, each of the Settling Parties also
waives any and all claims for the recovery of any costs, expenses or fees, including attorney fees,
associated with the matters and claims released herein.
d. In connection with the release of the Claims described in this Agreement,
Jauregui, and anyone acting by or through it, waives any and all rights that she may have under
the provisions of California Civil Code § 1542, which provides:
"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, which if known by him or her must have
materially affected his or her settlement with the debtor."
In the event that any waiver of the provisions of Section 1542 of the California Code provided for
in this Agreement shall be judicially determined to be invalid, voidable or unenforceable, for any
reason, such waiver to that extent shall be severable from the remaining provisions of this
Agreement, and the invalidity, voidability or unenforceability of the waiver shall not affect the
validity, effect, enforceability or interpretation of the remaining provisions of this Agreement.
e. Each Settling Party acknowledges and agrees that this Agreement is a
compromise and settlement of their disputes and differences, and is not an admission of liability
or wrongdoing by any party.
f. This Agreement shall constitute an absolute bar to any future action or
proceeding of any kind in any venue by Jauregui or any person or entity acting in cooperation or
conjunction with her or on her behalf regarding the Dispute.
4. R p qe pntations and Warranties.
a. Jauregui hereby represents and warrants to Patton and to the City Parties, as
of the Effective Date, as follows:
(1) She has not heretofore assigned or transferred, or purported to assign or
transfer, to any party not named herein any released matter or Claim, or any part or portion
thereof.
(2) To the best of her knowledge, Jauregui is not aware of any existing Claims
nor of any facts that might give rise to any Claims of any type or nature against Patton or
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any of the City Parties pertaining to the Dispute, whether asserted or not, that has not been
fully released and discharged by the release set forth in this Agreement.
(3) Jauregui has freely entered into this Agreement and is not entering into this
Agreement because of any duress, fear, or undue influence and this Agreement is being
entered into in good faith.
(4) Jauregui has made such investigation of the facts pertaining to this
Agreement as she deems necessary.
(5) Jauregui has, prior to the execution of this Agreement, obtained the advice
of independent legal counsel of her own selection regarding the substance of this
Agreement, and the Claims released herein.
b. In executing this Agreement, Jauregui acknowledges, represents, and
warrants to Patton and the City Parties that she has not relied upon any statement or representation
of Patton and any City Party nor of any officer, agent, employee, representative, or attorney for
any City Party regarding any facts not expressly set forth within this Agreement. In entering into
this Agreement, Jauregui assumes the risk of any misrepresentations, concealment or mistake,
whether or not she should subsequently discover or assert for any reason that any fact relied upon
by her 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 or incomplete.
C. The representations and warranties of each of the Settling Parties set forth
in this Section 4 and elsewhere in this Agreement will survive the execution and delivery of this
Agreement and are a material part of the consideration to Patton and the City in entering into this
Agreement.
5 111t rp!cj�gtt t1,
a. All Settling Parties have cooperated in the drafting and preparation of this
Agreement and in any construction or interpretation to be made of this Agreement, the same shall
not be construed against any such Settling Party. This Agreement is the product of bargained for
and arms length negotiations between the Settling Parties and their counsel. This Agreement is the
joint product of the Settling Parties.
b. This Agreement is an integrated contract and sets forth the entire agreement
between the parties hereto with respect to the subject matter contained herein. All agreements,
covenants, representations and warranties, express or implied, oral or written, of the parties hereto
with regard to such subject matter are contained in this Agreement. No other agreements,
covenants, representations or warranties, express or implied, oral or written, have been made or
relied on by any party hereto.
C. This Agreement may not be changed, modified or amended except by
written instrument specifying that it amends such agreement and signed by both parties. No waiver
of any provision of this Agreement shall be deemed or shall constitute a waiver of any other
provision whether or not similar, nor shall any waiver be deemed a continuing waiver; and no
waiver shall be implied from binding unless executed in writing by the party making the waiver.
Agreement No. 4856
d. All of the covenants, releases and other provisions herein contained in favor
of the persons and entities released are made for the express benefit of each and all of the said
persons and entities, each of which has the right to enforce such provisions.
e. This Agreement shall be binding upon and inure to the benefit of each of
the Settling Parties, and their respective representatives, officers, employees, agents, heirs,
devisees, successors and assigns.
6. Further f " c r Jp w, Each party shall perform any further acts and to execute and
deliver any further documents that may be reasonably necessary or appropriate to carry
out the provisions and intent of this Agreement.
7. Attomev's Fees. In the event of any litigation or arbitration claim concerning any
controversy, claim or dispute between the parties arising out of or relating to this
Agreement or the interpretation or enforcement thereof, the prevailing party shall be
entitled to recover from the other party its expenses and costs, including reasonable
attorneys fees, incurred in conjunction therewith or in the enforcement or collection of
any judgment or award rendered therein. The "prevailing party" means the party
determined by the court to have prevailed, even if such party did not prevail in all
matters, not necessarily the one in whose favor a judgment or award is rendered. Each
party to this Agreement shall bear its own costs, attorneys' fees and other expenses
incurred in association with negotiation and execution of this Agreement.
8. Govcrnin& Law, V'cnue. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of California, without regard to any otherwise
applicable principles of conflicts of laws.
y Counter arts. This Agreement may be executed in any number of counterparts,
each of which when so executed shall be deemed to be an original, but such
counterparts together shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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Agreement No. 4856
IN WITNESS WHEREOF, the Settling Parties hereto have executed this Agreement as
of the date first written above.
APPR,O , AS TO FO ;,, APPROVED AS TO FORM:
Mark D, n�siey, A c e s h NOLA,, , V- s s
City Attorney Ak%&r,ej (.r