CONTRACT 5566 Settlement Agreement Agreement No. 5566
1 SETTLEMENT AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND
2 BRIAN COOPER
3 This SETTLEMENT AGREEMENT'("Agreement") is entered into this day of August,
4 2018 by and between the City of El Segundo, a general law city and municipal corporation("CITY")
5 and Brian Cooper("COOPER" or"PLAINTIFF"; collectively, the "Parties"). Each of the undersigned
6 representatives certifies that he or she is fully authorized to enter into the terms and conditions of the
7 Agreement, and to execute and bind to this document the entity that he or she represents.
8 1. RECITALS. This Agreement is entered into with reference to the following facts and objectives:
9 A. On or about September 16, 2016, a lawsuit titled Brian Cooper v. David Garinger, et
10 al., with case number BC634197, was filed in the Los Angeles County Superior Court
11 alleging claims for personal injury(the"Lawsuit");
12 B. In the Lawsuit, COOPER alleged that, on or about August 14, 2015, Plaintiff was
13 walking in the CITY when he stepped on an elevation change between the sidewalk and
14 adjacent driveway located in front of 313 Virginia Street in El Segundo (the
15 "INCIDENT LOCATION"), causing injuries, and further alleged that the CITY was
16 liable for causing these injuries;
17 C. Co-Defendants David Garinger and Garinger and Associates, owners of the property
18 adjacent to the INCIDENT LOCATION were previously dismissed from the action;
19 D. The CITY denies COOPER'S claims and asserts that CITY did not permit, allow,
20 contribute to, or create a hazardous condition at the INCIDENT LOCATION,that the
21 condition of the INCIDENT LOCATION did not cause any or all of COOPER'S
22 injuries, and that the CITY is not liable for COOPER'S injuries; and
23 E. Each Party believes that it is advisable to avoid incurring additional legal costs
24 associated with COOPER'S claims against the CITY related to COOPER'S fall on
25 August 14, 2015. Accordingly, the Parties agreed to resolve their differences in
26 accordance with this Agreement.
27 2. EFFECT OF THIS AGREEMENT. This Agreement consists of a compromise and settlement by
28 the Parties regarding the Lawsuit. This General Release includes a release given by COOPER to CITY
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SETTLEMENT AGREEMENT
Agreement No. 5566
1 relinquishing COOPER'S claims regarding the condition of the INCIDENT LOCATION and
2 COOPER'S injuries as set forth in the Lawsuit. By signing this General Release, COOPER intends to
3 and does release and extinguish any and all claims that may be asserted against CITY, whether known
4 or unknown, resulting from the facts and circumstances of the Lawsuit.
5 3. COMPROMISE,SETTLEMENT,AND RELEASE.
6 A. In consideration of CITY's payment to COOPER in accordance with this Section(the
7 "Compromise Amount"), COOPER compromises and settles any and all past,present,or
8 future claims,demands,obligations,or causes of action for compensatory or punitive
9 damages, costs, losses, expenses, and compensation,whether based on tort, contract, or
10 other theories of recovery,that COOPER has or might accrue arising from the Lawsuit.
11 Further, COOPER,on COOPER'S behalf and that of COOPER'S heirs,executors,
12 administrators, and assigns,fully releases CITY, its elected and appointed officials,
13 employees, agents, and all other persons and associations,known or unknown,from any
14 obligation or liability arising from the Lawsuit. COOPER agrees that this compromise,
15 settlement, and release constitutes a bar to any claim.
16 B. Within fourteen(14) calendar days of the full execution of the Agreement, the CITY
17 will pay COOPER $25,000 (the "Compromise Amount") in full. The check for the
18 Compromise Amount will be made to Brian Cooper and the Law Offices of Chet R.
19 Bhaysar.
20 C. So long as COOPER is paid at least $25,000,he will be barred from seeking further
21 recovery of costs from CITY related to injuries COOPER suffered as a result of the
22 condition of the INCIDENT LOCATION on or around August 14, 2015.
23 4. DISMISSAL OF LAWSUIT. Within ten(10)business days after the check for the Compromise
24 Amount is received and deposited by COOPER'S attorneys, COOPER will sign and file with the Court
25 an executed standard form of Dismissal with Prejudice of the Lawsuit as to CITY.
26 5. GENERAL RELEASE OF ALL KNOWN OR UNKNOWN CLAIMS.The Parties acknowledge
27 and agree that this General Release applies to all claims that the Parties may have against each other
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SETTLEMENT AGREEMENT
Agreement No. 5566
1 arising out of the Lawsuit for injuries, damages,or losses to person and property,real or personal,whether
2 those injuries, damages,or losses are known or unknown,foreseen or unforeseen, or patent or latent.
3 6. CIVIL CODE § 1542. The Parties,or their representatives, certify that they read Civil Code § 1542,
4 set forth below, and indicates that fact by initialing here: I CITY)`!-. [COOPER].
5 "A general release does not extend to claims which the creditor does not know
6 or suspect to exist in his favor at the time of executing the release, which if
7 known by him must have materially affected his settlement with the debtor."
8 7. WAIVER OF § 1542 PROTECTIONS. After reading and understanding Civil Code § 1542,
9 CITY and COOPER voluntarily waive its application to this General Release. CITY and COOPER
10 understand and acknowledge that the significance and consequence of this waiver is that even if CITY or
11 COOPER should eventually suffer additional damages arising out of the Lawsuit,CITY and COOPER
12 will not be permitted to make any claim against the other Party for those damages. Furthermore,CITY
13 and COOPER acknowledge that CITY and COOPER intend these consequences even as to claims for
14 damages that may exist, and which, if known,would materially affect CITY's and COOPER' decision to
15 execute this release,regardless of whether CITY's or COOPER'S lack of knowledge is the result of
16 ignorance, oversight,error,negligence, or any other cause.
17 8. LEGAL ADVICE.Each Party warrants and represents that in executing this release, each Party
18 sought legal advice from the attorney of their choice,that the terms of this release and its consequences
19 were completely read and explained to each Party by that attorney, and that each Party fully understands
20 the terms of this release.
21 9. FULL DISCLOSURE.Each Party acknowledges and represents that each Party was apprised of all
22 relevant information and data relevant to the Lawsuit and this release, including, without limitation,future
23 risks, complications, and costs. Each Party further acknowledges and represents that, in executing this
24 release,the Party has not relied on any inducements,promises,or representations made by the other Party
25 or any representative of the other Party.
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1 10. NOTICES. All communications to either party by the other party will be deemed made when
2 received by such party at its respective name and address as follows:
3 CITY COOPER
4 City Clerk Chet R. Bhaysar
City of El Segundo Law Offices of Chet R.Bhaysar
5 350 Main Street 2049 Century Park East, Suite 3850
El Segundo, California 90245 Los Angeles, CA 90067
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7 With a Copy To:
g Mark Hensley
City Attorney, City of El Segundo
9 Hensley Law Group
10 3655 Torrance Blvd., Suite 355
Torrance, CA 90503
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Any such written communications by mail will be conclusively deemed to have been received by the
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addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as
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noted above. In all other instances, notices will be deemed given at the time of actual delivery.
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Changes may be made in the names or addresses of persons to whom notices are to be given by giving
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notice in the manner prescribed in this paragraph.
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11. ATTORNEYS FEES AND COSTS. The Parties each agree to waive any entitlement of attorneys'
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fees and costs incurred with respect to the Lawsuit. All Parties will bear their own attorneys' fees and
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costs as to the Lawsuit.
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12. NO ADMISSION OF LIABILITY. It is understood and agreed that this settlement is a
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compromise of the Lawsuit, and that entry into this Agreement cannot to be construed as an admission
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of liability on CITY's behalf.
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13. JURISDICTION. The Los Angeles County Superior Court shall retain jurisdiction over the
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Parties to enforce the Settlement Agreement until it has been fully performed, pursuant to Code of
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Civil Procedure section 664.6. The parties intend this agreement to be admissible,binding, and subject
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to disclosure to the extent contemplated by Evidence Code Section 1123.
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14. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with
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the laws of the State of California, and exclusive venue for any action involving this agreement will be
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in Los Angeles County.
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Agreement No. 5566
1 15. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the parties. There
2 are no other understandings, terms or other agreements expressed or implied, oral or written.
3 16. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this
4 Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and
5 in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
6 17. SEVERABILITY. If any portion of this Agreement is declared by a court of competent
7 jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent
8 necessary in the opinion of the court to render such portion enforceable and, as so modified, such
9 portion and the balance of this Agreement will continue in full force and effect.
10 18. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference
11 only and will not affect the interpretation of this Agreement.
12 19. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.
13 20. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which
14 will be deemed an original.
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SETTLEMENT AGREEMENT
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1 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first
2 hereinabove written.
3 CITY OF EL SEGUNDO
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Dated:
6 ELIZABETH M. CALCIANO
Deputy City Attorney
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9 BRIAN COOS' AB
10 ,ter, .°�"� ..,, Mme° ,,
11 Dated:
BMA TTJOV'ER
12 Plaintiff
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Approved as m
Dated:
16 CHET R. BHAVSAR
17 Attorney for Plaintiff Brian Cooper
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SETTLEMENT AGREEMENT