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HomeMy WebLinkAboutAgreement A-22-563 Settlement and Release Agreement REDACTED.pdf Agreement No. 22-563 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Settlement and Release") is between Claimant ALEXANDER a minor, by and through his Guardian Ad Litem, ELISA PEREZ ("Claimant"); and Respondent the County of Fresno, a political subdivision of the State of California("County"). Recitals A. On November 1, 2021, Claimant alleges he was approached and bitten by an off-duty Fresno County Sheriff K9 dog, while running in his neighborhood, as a result of which Claimant alleges he sustained personal injuries (hereinafter the"Incident"). B. On November 10, 2021, Claimant, through his legal counsel, presented a claim to the County for recovery of monetary sums related to his alleged injuries received in the Incident. C. Having met and conferred with Claimant and his legal counsel regarding said claims and allegations, Respondent County and Claimant have agreed to resolve said claims as further set forth herein. D. On November 2, 2022, pursuant to the negotiations with County, ELISA PEREZ, Guardian Ad Litem for Claimant ALEXANDER a minor, petitioned the Fresno County Superior Court and received an Order on behalf of Claimant approving the compromise of claim by Claimant. E. On November 29, 2022, ELISA PEREZ, Guardian Ad Litem for Claimant ALEXANDER a minor, was ordered to purchase an Annuity for the benefit of Claimant, as specifically set forth in the Order Approving Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with Disability, paragraph 8(b), and the related"Attachment To Petition"made a part thereof. F. The November 29, 2022, Order Approving Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with Disability authorized ELISA PEREZ, Guardian Ad Litem for Claimant, to execute and deliver this Settlement and Release. G. To avoid the time and expense of potential litigation, the Parties hereto now wish to reach an end, compromise, and settlement for all existing and potentially existing disputes between them in any way related to the Incident, including any and all claims of a monetary or personal property nature as further set forth herein. NOW THEREFORE, in consideration of the execution of this Agreement, the releases and promises made herein, as well as the considerations exchanged pursuant to this Agreement, the Parties agree as follows: Page 1 of 7 Settlement and Release re ALEXANDER , a Minor. Claimant's Representations and Promises 1. Claimant a rg ees: a. To fully comply with the November 29, 2022, Order Approving Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with Disability, a copy of which is attached to this agreement as "Exhibit A." b. To waive all claims for damages, liabilities, costs of suit and attorney fees, as further set forth herein; and C. To release all existing known or unknown claims and liabilities including as further set forth herein. 2. Claimant acknowledges and agrees that he has received certain medical care, services, and supplies that he claims arise out of or are related to the Incident. Claimant further acknowledges that except as otherwise provided herein, the settlement sum is inclusive of any and all liens or other encumbrances over which he retains full responsibility, as further set forth herein. 3. Claimant acknowledges that a lien in the amount of$4,916.29 exists in favor of EQUTAN, LLC, on behalf of KAISER PERMENENTE NORTHERN CALIFORNIA. Claimant expressly represents that he will satisfy said claim or lien for treatment of injuries sustained as a result of the Incident and as specifically set forth in the Order Approving Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with Disability, attached hereto as EXHIBIT A. By executing this Settlement and Release, Claimant expressly and irrevocably agrees to indemnify the Respondent, including the County's agents, departments, sub-divisions, affiliates, servants, employees, insurance companies, successors in interest, officers, directors, Board of Supervisors, and each of them, attorneys and all others persons and related entities, and defend them from and against any claim for payment or reimbursement of any expenses of any kind or nature whatsoever, which may hereafter be presented to Claimant or his attorney, by any party, including but not limited to any agent or representative of said lien claimant. 4. Claimant acknowledges that an amount of$0.00 (no lien)has been paid by a health care program provided, or funded in whole or in part,by Medi-Cal. Claimant expressly represents that in the even this information is correct or such a lien is asserted by this entity, that he will satisfy any claim or lien asserted by Medi-Cal for treatment of injuries sustained as a result of the Incident. By executing this Settlement and Release, Claimant expressly and irrevocably agrees to indemnify the Respondent and defend it from and against any claim for payment or reimbursement of any expenses of any kind or nature whatsoever, which may hereafter be presented to Claimant or his attorney, by any party, including but not limited to any agent or representative of California's Department of Health Care Services, on behalf of any health care program provided, or funded in whole or in part, by Medi-Cal. 5. Claimant acknowledges and agrees that payments to all medical providers, insurers or other entities or government agencies, or their assignees, including, but not limited to, EQUTAN, LLC on behalf of KAISER PERMENENTE NORTHERN CALIFORNIA or any others provider, for any and all medical care, services, and supplies, are the sole responsibility of Claimant, and not the Respondent. Claimant Page 2 of 7 Settlement and Release re ALEXANDER , a Minor. further acknowledges that neither Respondent nor its representatives have made any representation relied upon by Claimant regarding the actual amount of Claimant's indebtedness to such medical providers, insurance carriers, or other entities or government agencies, if any. 6. Claimant agrees, for herself, his heirs, executors, administrators and assigns, to defend, indemnify, hold harmless, the Respondent , including the County's agents, departments, sub-divisions, affiliates, servants, employees, insurance companies, successors in interest, officers, directors, Board of Supervisors, and each of them, attorneys and all others persons and related entities, for any loss or liability to any person, insurer, medical provider including, but not limited to, EQUTAN, LLC, on behalf of KAISER PERMENENTE NORTHERN CALIFORNIA, and any others provider; any worker's compensation carrier; any attorney; or any governmental agency including, but not limited to Medicare/Medicaid, Medi-Cal, Social Security, and Employment Development Department of the State of California; any or all of which may seek reimbursement or payment of damages paid to, or on behalf of Claimant, arising from or related to the Incident. 7. Claimant, by and through his Guardian Ad Litem, ELISA PEREZ, represents he has carefully read this Settlement and Release, understands its contents, and signs it freely and voluntarily. 8. Claimant, by and through his Guardian Ad Litem, ELISA PEREZ, covenants and agrees never to commence, prosecute, or cause to be commenced or prosecuted, any motions, appeals, or actions against Respondent,based upon any acts, omissions, claims, demands, liens, causes of action, obligations, damages or liabilities, arising from or related to the Incident. County's Representations and Promises 9. The County, or its insurer, shall pay to Claimant, a minor, by and through his Guardian Ad Litem, ELISA PEREZ, and his counsel of record, MILES, SEARS & EANNI APC, the total of sum of Two-Hundred and Fifty Thousand Dollars ($250,000.00) ("total Settlement Amount"), as full and final settlement consideration of any and all claims against the Respondent , including the County's agents, departments, sub-divisions, affiliates, servants, employees, insurance companies, successors in interest, officers, directors, Board of Supervisors, and each of them, attorneys and all others persons and related entities, arising from or related to the Incident, including liens by EQUTAN, LLC on behalf of KAISER PERMENENTE NORTHERN CALIFORNIA, Medicare, Medi-Cal, and any others providers of medical treatment as herein stated. 10. The above-stated Settlement Amount will be paid to Claimant, a minor, and Claimant's counsel of record, MILES, SEARS & EANNI, APC,pursuant to the Order Approving Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with Disability, as more specifically set forth in "EXHIBIT A", as follows: (i) $69,202.81 to MILES, SEARS & EANNI APC; and (ii) $180,797.19 to MetLife Assignment Company Inc. Release 11. Claimant for himself, his heirs, issues, executors, administrators, relatives, guardians, successors, assigns, representatives, and agents, releases and forever Page 3 of 7 Settlement and Release re ALEXANDER a Minor. discharges Respondent County, including the County's agents, departments, sub- divisions, affiliates, servants, employees, insurance companies, successors in interest, officers, directors, Board of Supervisors, and each of them, attorneys and all others persons and related entities, from any and all claims including claims for personal injury, demands, actions, causes of action, and all liability arising from or related to the Incident. 12. This is a full, final, and complete release of any and all claims, liabilities, liens, demands, lawsuits, actions, or causes of action which may have been brought by Claimant against the Respondent, arising from or related to the Incident. 13. It is the intent of the parties that this Settlement and Release serves to forever resolve any and all disputes arising from or related to the Incident, pertaining to Claimant and Respondent , and to fully, finally, and forever settle, discharge and release all claims, debts, liabilities, liens, demands, damages, obligations, costs, expenses, attorneys' fees, rights of action, and causes of action, arising from or related to the Incident. Accordingly, Claimant relinquishes all rights and benefits which he may have, or had under California Civil Code section 1542, arising from or related to the Incident. California Civil Code section 1542 states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or his favor at the time of executing the release and that, if known by him or her, would have materially affected his or his settlement with the debtor or released party." 14. Claimant acknowledges that he may hereafter discover facts different from, or in addition to those he knows or believes to be true, with respect to the released claims, or may incur or suffer personal or bodily injury, loss, death, damages, or indebtedness, which may have been caused by, be or related to, the Incident, and agree that this Settlement and Release shall be and remain in full force and effect in all respects, notwithstanding such different or additional facts, or in the event such circumstances arise. 15. Claimant acknowledges the possibility that presently unknown injuries and damages may develop into more serious conditions that presently exist and the possibility that he may have sustained injuries and damages as a result of the Incident that are not yet known or anticipated. Claimant wishes, however, in consideration of payment of the Settlement Amount and consideration of receiving payment of the Settlement Amount now rather that at some indefinite time in the future, to risk the possibility of any and all such future injuries and damages arising of the Incident and, therefore, enters into this Settlement and Release. 16. The extent of the injuries and damages sustained by Claimant is unknown. Claimant relies wholly on his own judgment and the judgment of his relatives, guardians, representatives, and attorneys as to the extent of these injuries and damages and have not been influenced by, nor have they relied on any representation made by the Respondent. Miscellaneous 17. This Settlement and Release is a compromise settlement of a disputed claim, and the payment of the Settlement Amount under this Settlement and Release shall not be deemed to be, nor construed as, an admission of liability for any purpose by the Respondent. Respondent denies any such liability. Page 4 of 7 Settlement and Release re ALEXANDER a Minor. 18. The parties agree to refrain from initiating oral or written statements or comments, and from responding to inquiries from third parties, including press, regarding the Incident,party negotiations, and/or the terms of this settlement agreement, except to confirm the terms of this agreement, or as may be required by law, including but not limited to the Ralph M. Brown Act and the California Public Records Act. 19. The parties intend that this Settlement and Release be admissible pursuant to Evidence Code section 1123, that it be enforceable pursuant to California Code of Civil Procedure section 664.6 and that the Court reserve all proper and required jurisdiction necessary for said enforcement, and that it be a fully binding agreement. 20. This Settlement and Release contains the entire agreement between the parties and cannot be modified except by written agreement executed by all parties to this Settlement and Release. This Settlement and Release embodies the entire agreement and understanding that exists between the parties with respect to the matters referred to in this Settlement and Release, and supersedes all prior and contemporaneous agreements, representations, and undertakings. 21. The parties agree that this Settlement and Release may be executed by electronic signature as provided in this paragraph. a. An"electronic signature"means any symbol or process intended by the individual signing this Settlement and Release to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or(3) an electronically scanned and transmitted(for example by PDF document) of a handwritten signature. b. Each electronic signature affixed or attached to this Settlement and Release (1) is deemed equivalent to a valid original handwritten signature of the person signing this Settlement and Release for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and(2)has the same force and effect as the valid original handwritten signature of that person. C. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision(b), in the Uniform Electronic Transaction Act(Civil Code, Division 3, Part 2, Title 2.5,beginning with section 1633.1). d. Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a),paragraph (1) through(5), and agrees that each others party may rely upon that representation. e. This Settlement and Release is not condition upon the parties conducting the transactions under it by electronic means and either party may sign this Settlement and Release with an original handwritten signature. 22. This Settlement and Release may be signed in counterparts, each of which is an original, and all of which together constitute this Settlement and Release. 23. If any term of this Settlement and Release (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, this Settlement and Release shall be construed as not containing that term, and the remainder of this Settlement and Release shall remain in full force and effect; except that this section shall not be applied to the extent that it would result in a frustration of the parties' intent under this Settlement and Release. The parties shall use Page 5 of 7 Settlement and Release re ALEXANDER , a Minor. their best efforts to cure any inadequacies or deficiencies identified by a court of competent jurisdiction in a manner consistent with the express and implied intent of this Settlement and Release and then to adopt or re-enact such part of this Settlement and Release as necessary or desirable to permit implementation of this Settlement and Release. 24. Except as may otherwise be set forth herein, each party shall bear his/its own costs and attorneys' fees. 25. Each party has had an opportunity to review this Settlement and Release, confer with legal counsel regarding the meaning of this Settlement and Release, and negotiate revisions to this Settlement and Release. Accordingly, neither party shall rely upon Civil Code section 1654 in order to interpret any uncertainty in the meaning of the Settlement and Release. 26. This Settlement and Release shall be governed by the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Settlement and Release shall be filed and heard in the Superior Court of California, County of Fresno. 27. The parties agree to cooperate fully in good faith and execute any and all supplementary documents and to take all additional actions which may be reasonably necessary or appropriate to give full force and effect to the terms and intent of this Settlement and Release. [continued below . . .] Page 6 of 7 Settlement and Release re ALEXANDER a Minor. Representation and Declaration by Claimant's Attorney I, Christopher C. Watters, am an attorney at law, licensed to practice law in the State of California, and am the attorney of record for Claimant ALEXANDER by and through his Guardian Ad Litem ELISA PEREZ. I represent and dec are t a lave fully react, considered. and explained the foregoing Settlement and Release to Claimant, including all EXI IBITIS and attachments, and he, through his Guardian Ad Litem in turn acknowledged to me an understandiffig of said Settlement and Release and related EXHBITIS and attachments and their legal effect, and I have advised him though his Guardian Ad Litem, and as directed and authorized by the Court in the attached Order,to sign this Settlement and Release. MILES, SEARS & EANNI APC Dated: Z .2022 By: cl�%' C- C__4 - _ Christopher C. Watters, Attome for Claimant, ALEXANDER , by and through his Guardian Ad Litem ELISA PEREZ. [Signatures below] By signing below, the parties agree to be bound by the foregoing Settlement and Release. Claimant, ALEXANDER Dated !Z , 2022 By: ELISA PEREZ, on behalf t 'Claimant, ALEXANDER as his Guardian Ad Litem. For Respondent , County of Fresno Dated l2/1 , 2022 Approved as to legal form: DANIEL C. CEDERBORG County Counsel By: Scott C. Hawkins, Senior Deputy County Counsel Dated �2/122 , 2022 COUNTY OF FRESNO By: BRIAN PACHECO, Chairman of the Board of Supervisors of the County of Fresno ATTEST: BERNICE E.SEIDEL Clerk of the Board of Supervisors County of Fresno,State of California Page 7 of 7 By Deputy Settlement and Release re ALEXANDER a Minor. EXHIBIT "A" S -351 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: NAMe Christopher C.Watters}Esq FOR UR SEoNL Film NAME MILES SEARS& E=I STREET ADDRESS: 2844 Fresno Street NOV 2 9 2022 CRY:Fresno STATE CA ZIP CODE 93721 TELEPHONE NO.:(559)486-5200 FAxrJO_(559)486-5240 SUPERIOR COURT OF CALIFORNIA EMAILADDRESS:ccwatters@mse-law.com BY COUNTY OF FRESNO ATTORNEY FOR(Nerve): Plaintiff,ALEXANDER a minor DEPUTY SUPERIOR COURT OF CALIFORNIA,COUNTY OF FRRV%Nf) STREET ADDRESS: 1130 O Street MAILING ADDRESS 1130 O Street RECEIVED CITY AND ZIP CODE Fresno,93721-2220 11/2/2022 2:00 PM BRANCH NAME: B.F.Sisk Courthouse FRESNO COUNTY SUPERIOR COURT CASE NAME: Vs. By:Rosemary Brace,Deputy OF FRESNO CASE NUMBER: ORDER APPROVING COMPROMISE OF CLAIM OR ACTION 22C� OR DISPOSITION OF PROCEEDS OF JUDGMENT HEARINGDAT ,IF ANY: DEPT.; FOR MINOR OR PERSON WITH A DISABILITY 11 �9/Z4Z 5701 1. Hearing a. = No hearing was held.The matter is eligi le for expedited approval under rule 7.950.5 of the California Rules of Court. b. F—X� A hearing was held: Date: II/ZL /V2.Z Time: Wiym Dept.: 501 c. Judicial officer: TMUE 2. Petitioner(name or pseudonym*):Elisa Perez is the(check all relationships or representative capacities that apply): parent 0 guardian ad litem" [] guardian = conservator [] other(specify): of the claimant named in item 3. Petitioner has requested approval of the compromise or settlement of a disputed claim or pending action or the disposition of the proceeds of a judgment for a minor or a person with a disability. (`Petitioner was appointed guardian ad!item under a pseudonym. (See Code Civ.Proc.,§372.5.)) 3. Claimant(name): Alexander a. 0 is a minor. b. = is a"person with a disability"within the meaning of Probate Code section 3603 who is: (1) Q An adult. Claimants date of birth is (specify): (2) [] A minor described in Probate Code section 3603(b)(3). 4. Defendant The claim or action to be compromised or settled is asserted,or the judgment is entered,against(name of settling orjudgment defendant or defendants(the 'payer')): County of Fresno THE COURT FINDS 5. FTJ Notice has been given as required by law. 6. a. The claimant is an adult who has the capacity to consent to this order within the meaning of Probate Code section 812 and does not have a conservator of the estate.The claimant has given express consent to this order. b. The claimant's consent to this order is not required because the claimant is a minor,a conservatee, or a person who lacks the capacity to consent to the order within the meaning of Probate Cade section 812. Page 1 of 4 Form Adopted for Mandatory Use Code of Civil Procedure,§372; Judicial Council of California ORDER APPROVING COMPROMISE OF CLAIM OR ACTION Prolate code,§§3500,3900-W13; MC-351[Rev January 1,20211 Cal.Rules of Court,rules 3.1384,7 953 OR DISPOSITION OF PROCEEDS OF JUDGMENT www Courts Co gov FOR MINOR OR PERSON WITH A DISABILITY w�lawD����neaimer- MC-351 CASE NAME: ALEXANDER A MINOR vs. COUNTY CASE NUMBER: OF FRESNO THE COURT ORDERS 6. The petition is granted and the proposed compromise or settlement,or the proposed disposition of the proceeds of the judgment, is approved.The gross amount or value of the settlement or judgment in favor of claimant is: $ 250,000.00. 7. = Until further order of the court,jurisdiction is reserved to determine a claim for a reduction of a Medi-Cal lien under Welfare and Institutions Code section 14124.76.The amount shown payable to the Department of Health Care Services in item 8a(4) of this order is the full amount of the lien claimed by the department but is subject to reduction on further order of the court upon determination of the claim for reduction. S. The payer must disburse the proceeds of the settlement or judgment approved by this order in the foil owing manner: a. Payment of fees and expenses Fees and expenses shall be paid by one or more checks or drafts drawn payable to the order of the petitioner and the petitioner's attorney,if any,or directly to third parties entitled to receive payment identified in this order for the following items of expense or damage,which are hereby authorized to be paid out of the proceeds of the settlement or judgment: (1) rX Attorney's fees in the total amount of: $62,283.00 payable to(specify): Trust Account of Miles,Sears& Eanni,A Professional Corporation (2) CX j Reimbursement for medical and all other expenses'paid by the petitioner or the petitioner's attorney in the total amount of:(Miles,Sears&Eanni's out-of-pocket costs) $ 867.99 (3) 0 Medical, hospital,ambulance, nursing,and other similar expenses payable directly to providers as follows,in the total amount of: $ 6,051.82 (a) Payee(name): Elisa Perez (i) address: c/o Miles,Sears&Eanni 2844 Fresno Street,Fresno,CA 93721 (ii) Amount:$ 1,135.53 (b) Payee(name): Equian,LLC (i) address: c/o Miles,Sears&Eanni 2844 Fresno Street,Fresno,CA 93721 (ii) Amount:$ 4,916.29 Continued on Attachment 8a(3). (Provide information about additional payees in the above format.) (4) 0 Other authorized disbursements payable directly to third parties in the total amount of: $ (Describe and state the amount of each item and provide the name and address of each payee): Items Amounts Payees(names) Addresses 0 Continued on Attachment Sa(4). (5) 0 Total allowance for fees and expenses from the settlement or judgment: $ 69,202.81 MC-351[Rev.January 1,2021] ORDER APPROVING COMPROMISE OF CLAIM OR ACTION Page 2of4 OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY MC-361 CASE NAME: ALEXANDER7 A MIN011-vs. COUNn? CASE NUMBER: OF FRESNO 8. b. Balance for claimant The balance of the settlement or judgment available for claimant after payment of all allowed fees and expenses is: $ 180,797.19 The balance shall be disbursed as follows: (1) = By one or more checks or drafts in the total amount of(specify): $ drawn payable to the order of the petitioner in the petitioner's representative capacity.Each check or draft must bear an endorsement on the face or reverse that it is for deposit in one or more interest-bearing,federally insured accounts in the name ofthe petitioner in the petifioner's representative capacity.No withdrawals may be made from these accounts("blocked accounts")except as provided in the Order to Deposit Funds in Blocked Account(form MC-355) signed at the same time as this order. (2) 0 By the following method(s) (describe each method,including the amount to be disbursed by each): County of Fresno will issue a check in the amount of$180,797.19 made payable to MetLife Assignment Company,Inc.,and mailed to Ringler at 900 Lennon Lane, Suite 180,Walnut Creek,California 94598,within 20 days of the Court approval, for purpose of the annuity as described in Attachment 8b(2). 0 Continued on Attachment 8b(2). (3) = If money is to be paid to a special needs trust under Probate Code section 3604,all statutory liens in favor of the state Department of Health Care Services,the state Department of State Hospitals,the state Department of Developmental Services, and any city and county in California must first be satisfied by the following method (specify): = Continued on Attachment Bb(3). 9. 0 Further orders of the court concerning blocked accounts The court makes the following additional orders concerning any part of the balance ordered to be deposited in a blocked account under item 8b(1): a. Within 48 hours of receipt of a check or draft described in item 8b(1),the petitioner and the petitioner's attorney,if any, must deposit the check or draft in the name of petitioner in the petitioner's representative capacity in one or more blocked accounts at (specify name, branch, and address of each depository, and the amount of each account): = Continued on Attachment 9a, MC-351[Rev.January 1.20211 Page 3 of 4 ORDER APPROVING COMPROMISE OF CLAIM OR ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY MC-351 CASE NAME:ALMUNDER A MINOR vs. CASE NUMBER: OF FRESNO zz 9. b. The petitioner and the petitioner's attorney,if any, must deliver to each depository at the time of deposit three copies of the Order to Deposit Funds in Blocked Account(form MC-355),which is signed at the same time as this order, and three copies of the Acknowledgment of Receipt of Order and Funds for Deposit in Blocked Account(form MC-356).The petitioner or the petitioner's attorney must file a copy of the receipt with this court within 15 days of the deposit.The sole responsibilities of the petitioner and the petitioner's attorney, if any,are to place the balance in a blocked account or accounts and to file a copy of the receipt on time. c. The balance of the proceeds of the settlement orjudgment deposited in a blocked account or accounts under item 8b(1)may be withdrawn only as follows(check(1)or(2)): (1) F__� No withdrawals of principal or interest may be made from the blocked account or accounts without a further written order under this case name and number,signed by a judicial officer,and file-stamped by this court.The money on deposit is not subject to escheat. (2) F—] The blocked account or accounts belong to a minor,who was born on(date): No withdrawals of principal or interest may be made from the blocked account or accounts without a further written order under this case name and number,signed by a judicial officer,and file-stamped by this court,until the minor reaches 18 years of age.When the minor reaches 18 years of age,the depository,without further order of this court, is authorized and directed to pay by check or draft directly to the former minor,on proper demand, all funds,including interest,deposited under this order.The money on deposit is not subject to escheat. 10.0 Authorization to execute settlement documents The petitioner is authorized to execute settlement documents as follows(check only one): a. = On receipt of the full amount of the settlement sum approved by this order and the deposit of funds,the petitioner is authorized and directed to execute and deliver to the payer(1)a full,complete, and final release and discharge of any and all claims and demands of the claimant by reason of the accident or incident described in the petition and the resultant injuries to the claimant and(2)a properly executed dismissal with prejudice. b. F_X] The petitioner is authorized and directed to execute any and all documents reasonably necessary to carry out the terms of the settlement. c. = The petitioner is authorized and directed to (specify): = Continued on Attachment 10c. 11. Bond is = ordered and fixed in the amount of: $ 0 not required. 12.A copy of this order must be served on the payer immediately. 13.= Additional orders The court makes the following additional orders(specify): 0 Continued on Attachment 13, Date: 1l/z.9/�ZZ JUDICIAL OFFICER O SIGNATURE FOLLOWS LAST ATTACHMENT MC-351[Rev January 1,2021) ORDER APPROVING COMPROMISE OF CLAIM OR ACTION P89 eaora OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY MC-026 SHORT TITLE:ALEXANDER A MINOR vs.COUNTY OF CASE NUMBER: FRESNO zz ATTACHMENT(Number): 8b(2) (This Attachment may be used with any Judicial Council form.) Attached is the annuity that will be purchased on behalf of Alexander 10=111 a minor. (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page of Attachment are made under penalty of perjury) (Add pages as required) Form Approved for Optional Use ATTACHMENT wwor.courUnro ca gov Judicial Coundl of California Wd,DO&UMBLIIde, MCA25[Rev.July 1.200q to Judicial Council Form (ATTACHMENT TO PETITON 18b(3)-MC-350 /ATTACHMENT TO PETITION) (ATTACHMENT TO ORDER 8b(2)-MC-351) ATTACHMENT TO PETITION AND/OR ORDER FOR MINOR'S COMPROMISE FOR: ALEXANDER In consideration of the Petition and/or Order for Minor's Compromise, attached hereto,the City of Fresno, (hereafter the"Defendant") agrees to settle this claim for Alexander�a minor,by and through his Guardian ad Litem,Elisa Perez(hereafter the"Claimant"). Periodic Payments made payable to Alexander (the "Payee") according to the schedule as follows (the"Periodic Payments"): Guaranteed Payout 1. Guaranteed Semi-.A►nnual Payments $15,000 paid semi-annually,guaranteed for 4 years. Commencing 06/15/2026,with the last guaranteed payment 12/15/2029. $ 120,000 2. Guaranteed Lump Sum Payments Age Amount Payment Date 18 $ 25,000 01/21/2026 22 $ 84,230 01/21/2030 $ 109,230 $229,230 The exact cost of the above Periodic Payments is$180,797.19. This amount is disclosed as a condition of the settlement and in no way grants any right, control, or ownership interest in the Periodic Payments to the Payee, except the right to receive fixture Periodic Payments as described above. The future Periodic Payments outlined above are guaranteed based upon a projected funding date. Any delay in funding the Periodic Payments ucay result in a delay of the payment dates or change in payment amounts. Any rate adjustments may result in minor changes to the Periodic Payments listed above. These changes shall be recorded in the Settlement Agreement and Release, Qualified Assignment and Release document and Annuity Contract without the need of obtaining an amended Petition or Court Order. All sums set forth herein constitute damages on account of physical injuries or physical sickness, within the meaning of Section 104(a)(2) of the Internal Revenue Code of 1986, as amended. Consent to Oualified Assignment - The Claimant acknowledges and agrees that the Defendant may make a "Qualified Assignment" within the meaning of Section 130(c), of the Internal Revenue Code of 1986, as amended, of the Defendant's liability to make the Periodic Payments set forth herein_The Defendant(the "Assignor"), as the payor of the consideration recited herein, shall fund the above Periodic Payments, and assign its obligation to make the Periodic Payments called for above in this Attachment for Minor's Compromise to MetLife Assignment Company, Inc. (the "Assignee"). The Assignee's obligation for payment of the Periodic Payments shall be no greater than that of Defendant (whether by judgment or agreement) immediately preceding the assignment of the Periodic Payments obligation. Metropolitan Tower Life Insurance Company will guarantee the obligation of the Assignee, MetLife Assignment Company, Inc. Metropolitan Tower Life Insurance Company has received high ratings from A.M. Best, (A+), Standard&Poor's, (AA-),Moody's, (Aa3) and Fitch, (AA-). (See attached ratings sheet). Such assignment shall be accepted by the Claimant without right of rejection and shall completely release and discharge the Defendant from the Periodic Payments obligation assigned to the Assignee. The Claimant recognizes that the Assignee shall be the sole obligor with respect to the Periodic Payments obligation, and that all other releases with respect to the Periodic Payments obligation that pertain to the liability of the Defendant shall thereupon become final,irrevocable, absolute, and non-contingent. Payee's Rights to Pam-ents The Claimant acknowledges that the Periodic Payments cannot be accelerated,deferred, increased, or decreased by the Claimant or the Payee; nor shall the Claimant or the Payee have the power to sell, mortgage, encumber, or anticipate the Periodic Payments, or any part thereof,by assignment or otherwise. No part of the payments called for herein or any assets of the Defendant and/or the Assignee are to be subject to execution of any legal process for any obligation in any manner. The Payee shall not have the power to sell or mortgage or encumber the payments, or any part thereof, nor anticipate the same, or any part thereof, by assignment or otherwise. Any such sale, mortgage, encumbrance, or anticipation by assignment or otherwise shall be void unless such sale, assignment, pledge, hypothecation, or other transfer or encumbrance has been approved in advance in a "qualified order" as outlined in Section 5891(b)(2) of the Internal Revenue Code of 1986, as amended and approved by a court of competent jurisdiction and otherwise complies with applicable state law, including without limitation any and all applicable state structured settlement protection statutes. In the event that the Payee attempts to seek such a"qualified order," they do hereby agree and consent to provide full and timely legal notice of any such Motion or Petition for such a "qualified order" to Claimant's counsel and Guardian ad Litem,if appointed. No direct or indirect transfer of structured settlement payment rights shall be effective, and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been approved in advance in a final court order based on express findings by the court that: (1) the transfer is in the best interest of the Payee,taking into account the welfare and support of the Payee's dependents; (2)the Payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received the advice or knowingly waived the advice in writing; and (3)the transfer does not contravene any applicable statute or an order of any court or other governmental authority. Right to Fund an Annuity The Defendant, itself, or through its Assignee, reserves the right to fund the liability to make the Periodic Payments by funding a "qualified funding asset",within the meaning of Section 130(d) of the Code, in the form of an annuity policy from Metropolitan Tower Life Insurance Company (Annuity Issuer). The Assignee shall be the sole owner of the annuity policy and shall have all rights of ownership. The Assignee may have Metropolitan Tower Life Insurance Company mail payments directly to the Payee. The Claimant or the Payee, upon reaching the age of majority, shall be responsible for maintaining the accuracy of the current mailing address and mortality information for the Payee with the Assignee. Payee's Beneficiary Any payments to be made after the death of the Payee pursuant to the terms of this Attachment for Minor's Compromise shall be made to his sister, Katerina Rodriguez, or to such person or entity as shall be designated in writing by the Payee, upon reaching the age of majority, to the Assignee. If no person or entity is so designated by the Payee,or if the person designated is not living at the time of the Payee's death,such payments shall be made to the estate of the Payee. No such designation, nor any revocation thereof, shall be effective unless it is in writing and delivered to the Assignee. The designation must be in a form acceptable to the Assignee before such payments are made. Discharge of Obligation The obligation of the Assignee to make each Periodic Payment shall be discharged upon the mailing of a valid check to the designated address or upon electronic transfer to the designated bank account in the amount of such payment to the Payee named in this Attachment for Minor's Compromise. Upon notice from the Payee that a payment was not received, the Assignee will initiate reasonable stop payment action, and, upon confinnation that the funds were not negotiated or•deposited,the Assignee will process a replacement payment. ' This process involves the Defendant issuing a check payable to MetLife Assignment Company, Inc. in the amount specified in this Attachment for Minor's Compromise and signing a Qualified Assignment and Release document to transfer their obligation for these payments to the Assignee. The check must be sent to Ringler at 590 Lennon Lane,Suite 180; Walnut Creek, CA 94598. List of Company Ratings Company: Metropolitan Tower Life Ins Co Domicile: NE Established: 1982 A hll Bast Cofnpany Rating._ "3 ka "°a * a r < a ..s +A}"t2, a •«....._..�..�.__. ._ ..c a z'..+�.-.._._...... w'.g',. Superior. Assigned to companies that have.,in our opinion,a superior ability to,meet their ongoing obligations to policyholders. ani7ard`8�P i s la Saari h #tn " '4 An insurer,rated'AA'has VERY STRONG fnancial security characteristics,differing only plight lyfrom'those rated' higher. iYloodys_Financia Sr"ength ating t' sa. ►a$ (4 Insurance companies rated Aa'offer excellent financial security.Together with the Aaa group,they constitute what are generally known as high-grade companies.They are rated lower than Aaa companies because long-term risks appear somewhat larger. F(tcti Ratings�iRsurr F r _r + a Very strong.'AA' IFS ratings denote a very low expectation of ceased or interrupted payments.They indicate very strong capacity to meet policyholder and contract obligations.This capacity is not significantly vulnerable to foreseeable events. V atdty RaOri9:.__ J :�111 . Good.The company offers good financial security and has the resources to deal with a variety of adverse economic conditions. It comfortably exceeds the minimum levels for all of our rating criteria, and is likely to remain healthy for the near future. However, in the event of a severe recession or major financial crisis,we feel that this assessment should be reviewed to make sure that the firm is still maintaining adequate financial strength. tfaTiPdrs Ranktiig 11tEa1Slgns CamttyyaslEe Index{ y ,xm dt _..'_ '.Q�.i fF_ �� .r..,.,.� t.... .,:..:.z=.m�e.�as��� _ s..c..a.�„ina;«s,..ms���...._�..a. m „rk„.,:.«.,,:. ���w �__.�...1s.�._ «..x.v3,'�,u i_ The Comdex gives the average percentile ranking of this company in relation to all other companies that have been rated by the rating services. The Comdex Ranking is the percentage of companies that are rated lower than this company. Page 1 of 1 Powered by VitalSales Suite,a product of EbixExchange.