HomeMy WebLinkAboutAgreement A-23-354 Settlement Agreement and Release.pdf Agreement No. 23-354
SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release ("Settlement and Release") is between
Plaintiff MARIA C. CRUZ ("Plaintiff") and Defendants JOHN DAVID WAGES, and
the COUNTY OF FRESNO, a political subdivision of the State of California
("Defendants").
Recitals
A. The parties developed certain disputes concerning an incident alleged to
have occurred on May 15, 2018, in which Plaintiff and Defendants were involved in a
motor vehicle accident on Herndon Avenue near Golden State Avenue. Plaintiff allegedly
sustained personal injuries and incurred certain other expenses ("Incident").
B. In connection with the Incident, the Plaintiff initiated the case of Maria C.
Cruz v. County of Fresno et al. 19CECG01954 in the Superior Court of California,
County of Fresno ("Lawsuit").
C. On June 7, 2022, the Lawsuit was set for jury trial on June 19, 2023, and
was later rescheduled to June 20, 2023. In an effort to settle the Lawsuit without trial, the
parties engaged in settlement discussions and exchanged offers and counter offers both
verbally and in writing. On May 30, 2023, Defendants verbally offered to settle the
Lawsuit for$90,000.00. On May 31, 2023, Plaintiff,through her attorney, agreed.
D. To avoid the time, risk, and expense of further litigation, the parties now
wish to settle the Lawsuit as provided in this Settlement and Release.
The parties therefore agree as follows:
1. Plaintiff, for herself, her heirs, issues, executors, administrators, relatives,
guardians, successors, assigns, representatives, and agents, hereby releases and forever
discharges the Defendants, including their agents, affiliates, servants,employees,
insurance companies, successors in interest, officers, directors, Board of Supervisors, and
each of them, attorneys and all other 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
2. Plaintiff shall dismiss with prejudice the Lawsuit against all Defendants.
Said dismissal shall be filed after Defendants perform their obligations under paragraph
three.
3. Defendants shall pay or cause to be paid to Plaintiff through her counsel of
Record, Roger Bonakdar of the Bonakdar Law Firm, the total sum of Ninety Thousand
Dollars ($90,000.00) ("Settlement Amount').
4. The Settlement Amount shall be full and final consideration to satisfy and
discharge any and all claims against Defendants, including their agents, affiliates,
servants, employees, insurance companies, successors in interest, officers, directors,
Board of Supervisors, and each of them, attorneys and all other persons and related
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Settlement and Release
Maria C. Cruz. v. County of Fresno et al.
Superior Court of California, County of Fresno, Case No. 19CECG10954
entities, arising from or related to the Incident, and any other providers of medical
treatment.
5. The parties intend that this Settlement and Release shall forever resolve
any and all legal and equitable disputes arising from or related to the Incident, pertaining
to Plaintiff and Defendants. The parties intend that the Settlement and Release shall
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, Plaintiff hereby
relinquishes all rights and benefits which she 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 her favor at the time of
executing the release and that, if known by him or her, would have materially
affected his or her settlement with the debtor or released party."
6. Plaintiff acknowledges and accepts that she may hereafter discover facts
different from, or in addition to those she now 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.
Plaintiff agrees 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.
7. Plaintiff aclaiowledges, accepts, and recognizes the possibility that
presently unknown injuries and damages may develop into more serious conditions than
presently exist and the possibility that she may have sustained injuries and damages as a
result of the Incident that are not yet known or anticipated. In consideration of payment
of the Settlement Amount, Plaintiff gives up any and all claims to compensation or
payment from Defendants for such presently unknown conditions.
8. 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
Defendants. Defendants deny any such liability.
9. Plaintiff represents that no Medi-Cal liens have been asserted upon
Plaintiff at this time for the Incident. If any Medi-Cal liens are asserted, Plaintiff shall
satisfy such lien. By executing this Settlement and Release, Plaintiff expressly and
irrevocably agrees to indemnify Defendants 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 the Plaintiff or her 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.
10. Plaintiff hereby agrees, for herself, her heirs, executors, administrators and
assigns, to defend, indemnify, hold harmless, Defendants, their predecessors,
representatives, agents, attorneys, employees, officers, directors, Board of Supervisors,
and each of them, for any loss or lability to any person, insurer, employer, medical
provider including, but not limited to, any medical provider, including but not limited to
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Settlement and Release
Maria C. Cruz. v. County of Fresno et al.
Superior Court of California, County of Fresno, Case No. 19CECGI O954
Clovis Community Hospital, California Emergency Room Physicians, Chiropractic
Healthcare Center, Dr. Reza Shaken, Jonathan Caldwell, M.D., MR1 Imaging, Everyday
Healthcare, Neurological Associates Medical Group, Comprehensive Pain Management,
Oracle Anesthesia, Ali Najaft M.D., Samia Ghaffar, M.D., John Juve, CRNA, Chad
Warshel, and any other healthcare or medical service 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 the Plaintiff, arising from or related to the
Incident.
11. Plaintiff acknowledges and agrees that she has received certain medical
care, services, and supplies that she claims arise out of the Incident. Plaintiff
acknowledges and agrees that payments to all such medical providers, insurers or other
entities or government agencies, or their assignees, including, but not limited to, Clovis
Community Hospital, California Emergency Room Physicians, Chiropractic Healthcare
Center, Dr. Reza Shakeri, Jonathan Caldwell, M.D., MRI Imaging, Everyday Healthcare,
Neurological Associates Medical Group, Comprehensive Pain Management, Oracle
Anesthesia, Ali Najaft M.D., Sarnia Ghaffar, M.D., John Juve, CRNO, Chad Warshel,
and any other healthcare or medical service provider, is the sole responsibility of
Plaintiff. Plaintiff further acknowledges that neither Defendants nor any representative
on their behalf has made any representation relied upon by Plaintiff regarding the actual
amount of Plaintiff's indebtedness to such medical providers, insurance carries, or other
entities or government agencies, if any.
12. Each party shall bear its own costs and attorneys' fees.
13. Plaintiff has read this Settlement and Release, understands its contents,
and signs it freely and voluntarily.
14. Plaintiff hereby represents that her attorney is authorized to enter a
dismissal with prejudice as to the entire action encompassed by the Lawsuit, including
the each of the Defendants, in the matter of Maria C. Cruz v. County of Fresno et al.
19CECG 10954, Superior Court of California, County of Fresno. Plaintiff shall never
commence,prosecute, or cause to be commenced or prosecuted, any motions, appeals, or
actions against any Defendant arising from or related to the Incident.
15. This Settlement and Release shall be a binding agreement, admissible
pursuant to Evidence Code section 1123, and enforceable pursuant to California Code of
Civil Procedure section 664.6.
16, This Settlement and Release contains the entire agreement between the
parties and cannot be modified expect 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.
17. This Settlement and Release may be executed in counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the same
agreement. Signatures provided by facsimile or Portable Document Format(PDF) shall
have the same force and effect as original signatures.
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Settlement and Release
Maria C. Cruz. v. County ofFresno et al.
Superior Court of California, County of Fresno, Case No. 19CECGIO954
18. 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
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.
19. 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.
20. 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.
21. Plaintiff agrees 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..
Representation and Declaration by Plaintiffs Attorney
1, Roger Bonakdar, am an attorney at law, licensed to practice law in the State of
California, and am the attorney of record for Plaintiff Maria C. Cruz in the matter of
Maria C. Cruz v. County of Fresno et al., Superior Court of California, County of Fresno,
Case No. 19CECG10954. I hereby represent that I have fully explained the foregoing
Settlement and Release to Plaintiff, and Plaintiff in turn acknowledged to me an
understanding of said Settlement and Release and its legal effect, and I have advised her
to sign this Settlement and Release.
Roger Bona dar
Dated: _ � j By:
Attorney for
Plaintiff Maria C. Cruz
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Settlement and Release
Maria C. Cruz. v. County gfFresno et al.
Superior Court of California, County of Fresno, Case No. 19CECG10954
By signing below, the parties agree to be bound by the foregoing Settlement and Release.
For the Plaintiff: r
Dated: d14 a•
arra C. Cruz, Plaintiff
Dated: 6/ ` a _ Roger Bona ar
By: Attorn y for
Plaintiff Maria C. Cruz
For the County of Fresno and John David Wages:
Dated 2023 COUNTY OF FRESNO
By: (SAV QUIWERO
Chairu f th and of Supervisors,
County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors,
County of Fresno, State of California
By: — —f
FOR ACCOUNTING PURPOSES ONLY
Org No.: 89250100
Account No.: 7100
Fund No.: 1060
Subclass No.: 10000
Page 5 of 5
Settlement and Release
Muria C. Cruz. v. County of'Fresno et al.
Superior Court of California, County of Fresno, Case No. 19CECG 10954