HomeMy WebLinkAbout06322 - ALAN LEVY GENERAL RELEASE AND SETTLEMENT AGR GENERAL RELEASE AND SETTLEMENT AGREEMENT
ALAN LEVY v. CITY OF PALM SPRINGS,et al.
RCSC Case No. INC1200912
This general release and settlement agreement [hereinafter "Agreement"I is
entered into between Plaintiff ALAN :LEVY, and his agents, attorneys, servants,
employees, representatives, and successors in interest [hereinafter "PLAINTIFF"]; and
the CITY OF.PALM SPRINGS and its agents, officers, directors, attorneys, servants,
representatives, employees, predecessors, successors in interest, assignees, [hereinafter
referred to , as "D)FENDANT"] concerning the incident I occurring on or about
February 17, 2011, which is the subject of Riverside County Superior Court Case No.
INC1200912 [hereinafter referred to as the"INCIDENT"]. The above-named individuals
and entities are hereinafter 'collectively referred to.as the "Parties," with respect to the
litigation and claims described below.
The Plaintiff Represents as Follows:
A. That he expressly has the authority to execute this Agreement, and that this
Agreement as so executed will be binding upon the PLAINTIFF; and
B. That the representations set forth .above shall endure forever and.shall
survive the execution of this Agreement and the settlement and dismissals of the action.
I. INTRODTJCTION
PLAINTIFF desires to enter into.this Agreement in order to provide for payment in .
full settlement and discharge of all claims between the Parties which have arisen, may
arise and/or could arise, out of the subject claim, upon the terns and conditions set forth
herein.
2. CONSIDERATION
The total consideration paid to PLAINTIFF on behalf of DEFENDANT CITY OF
PALM SPRING$ is Two Thousand,Six Hundred Fifty Dollars and no/100($2,650.00).
PLAINTIFF, by his signature on this Agreement, specifically represents and
authorizes DPFENDANT to rely oil said representation, that no attorneys fee lien(s)have
been, or .will be, placed upon this settlement except as to his attorneys, and that
PLAINTIFF expressly directs that payment of the settlement proceeds be made payable to
"AL AN LEVY and STUTZ, ARTIANO; SHINOFF &HOLTZ,his attorneys."
8szs9a.t - Page 1 of3' . .. .
3. PLAINTIF.F'S RELEASE
A. Inconsideration of the payment referred to herein, PLAINTIFF hereby fully
and forever'completely releases; acquits and discharges DEFENDANT CITY OF PALM
SPRINGS from any and all'claims, costs, demands,.damages, attorney fees, and rights
which arise from, or are directly or indirectly related to, or are connected with, or caused
by, the INCIDENT.
B. PLAINTIFF specifically agrees to hold DEFENDANT harmless, and to
indemnify DEFENDANT for and against any lien, any lienholder, its agents, officers,
directors, shareholders, attorneys,. servants, representatives, employees, subsidiaries,
partners, predecessors, successors in interest, assignees, firms, or corporations'which has
arisen or may arise froin.the INCIDENT.
C. PLAINTIFF agrees to' hold DEFENDANT harmless and "to indemnify
DEFENDANT for and against any claim.made by PLAINTIFF, their agents, attorneys,
servants, employees; representatives, and successors in interest against,DEFENDANT
which-may have arisen or may arise from the INCIDENT,
4. DISMISSAL
PLAINTIFF' shall cause his attorney to execute a Request for Disnvssal,with
prejudice, dismissing Case No. INC 1200912.
5. WAIVER OF SECTION 1542
There is a risk that, after the execution of this Agreement, PLAINTIFF will
manifest new damages, the scope, location, and character of which is unknown and/or riot
discovered at the time this Agreement is signed. There is a risk that the damage of which
PLAINTIFF and his attorneys presently are aware may become more serious or otherwise
increase in magnitude (qualitatively and/or quantitatively), PLAINTIFF shall, and hereby
does, assume the above-mentioned risks. This release is expressly intended to cover and
include all future. damages, defects and discoveries, including all rights and causes of
action arising against the DEFENDANT therefrom. PLAINTIFF is aware of the
provisions of California Civil Code section 1542,which provide:
"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."
882934.1
Page 2 of 3
PLAINTIFF hereby expressly waives the provisions of said Section 1542 as to all
matters within the scope of the claims released hereby. PLAINTIFF hereby'warrants and
guarantees that they have full.and complete authority to release all such claims on behalf
of himself, his heirs, assigns, and successors in interest.
6. ASSUMPTION OF RISK .
PLAINTIFF fully understands and declares that if the facts with respect to which
this Agreement is executed are found hereafter to be different from the facts now believed
to be true, PLAINTIFF assumes the risk of such possible difference in facts'and hereby
agrees this Agreement shall be in effect and.shall remain in effect notwithstanding such
difference in facts. PLAINTIFF represents' and covenants that he is fully informed
regarding all facts related to this Agreement and will not seek to void,rescind,set aside or
alter this Agreement on an assertion of mistake of fact or law.
7. NO ADMISSION OF LIABILITY
It is expressly understood, acknowledged and 'agreed to by the Parties, that by
reason of entering into this Agreement, no parry admits, expressly or impliedty, any fact
or liability of any type or nature wish respect to any matter, whether or not referred to
herein, or the sufficiency of any claims, allegations, assertions, or positions of any party;
no party has.made any such admissions; and this Agreement is entered into solely by way
of compromise and'settlement only.
8. NO PRIOR ASS16NMENT OR TRANSFER .
Each party to this Agreement represents and warrants there has been no
assignment or other transfer of any claims or causes of action which They are releasing
pursuant to the terms of this Agreement.
9. MISCELLANEOUS PROVISIONS
A. Entire Agreement: This. Agreement constitutes the full and entire
Agreement between the Parties hereto and such Parties acknowledge that there is no other
Agreement, oral and/or written, between the Parties hereto.
$. Authority to Enter A cement: This Agreement is the result of arms-length
negotiations.
C. 'Final Agreement:" PLAINTIFF acknowledges that (1) this Agreement and
.its reduction to final form is the result of extensive good faith negotiations between the
Parties through their respective counsel; (2) said counsel have carefully reviewed and
882934.1 page 3 of 3
examined this Agreement for execution by PLAINTIFF, or any of them; and (3) any
statute'or rule of construction that ambiguities are to be resolved against the drafting party
should not be employed in the interpretation of this Agreement.
D. Binding Agreement: This Agreement is and shall be,binding upon and shall
inure to the benefit of the predecessors, subsidiaries, successors, assigns, parties, agents,
officers, employees, associates, legal representatives,, heirs, executors and/or
administrators of each of the Parties heiete.
E. interpretative Law: This Agreement is made and entered into in the State
of California and shall, in all respects, be interpreted, enforced and governed by and
under the lays of the State'of California.
F..• Modifications: This Agreement may be amended or modified only by a
writing signed by all Parties to this Agreement.
G. Paragraph Headings:• Paragraph headings are'for reference only and shall
not affect the interpretation of any paragraph hereto.
H. No Inducement: PLAINTIFF warrants that no promise or inducement has
been made or offered by any of the Parties, except as set forth herein, and that this
Agreement is not executed in reliance upon•any statement or representation of any of the
Parties or their representatives, concerning the nature and extent of the injuries, damages
or legal liability thereof. PLAINTIFF furthex represents that.he has been represented by
legal counsel during the course of the negotiations leading to the.'signing, of this
Agreement, and he has been advised by legal counsel with respect to the meaning of Otis
Agreement and its legal effect.
I. 'Attornev's Fees and Costs in this Action: PLAINTIFF will bear his own
attorney's fees and costs incurred in connection with the prosecution and defense of the* .
subject Action. PLAINTIFF specifically releases the bEFENDANT from attomel+'s fees
and costs, including costs of investigation. Should any action be necessary to,enforce this
:'Agreement, the prevailing party shall be entitled to reasonable'attorney's fees,
J. Counterparts: This -Agreement may be executed 'in counterp" with the
same effect as if all original signatures were placed.on one document and all of which
together shall be one and the same Agreement.
K. Effective Date: This Agreement to be effective as of.the date all signatures .
are obtained.'
832934.1 Page 4 of 3
IN WITNESS WHEREOF, the undersigned have executed this Settlement
Agrgement and mutual release on the date affixed b t nature.,.
Dated: v
ALAN LEVY
Plaintiff
APPROVED AS TO FORM AND CONTENT:
STUTZ,ARTIANO, SHINOFF &HOLTZ
Dated: l! 3 zv cA e
LEE T..PATA70
Attorney for Plaintiff
Woigna. r
M SPRINGS
Dated: A �9..ifl/2--
(Name)
(Title)
APPROVED AS TO FORM AND CONTENT:
WOODRUFF, SPRADLIN & SMART
Dated: 10 14( E Z
.' CAROLINE A. B E
'Attorneys for Defendant
CITY OF PALM SPRINGS
$92934.1 Page 5 of -
Fenn W�9 Request for Taxpayer Give Form to the
(Rev.Cecember 2011) Identification Number and Certification requester.Do not
nepMrnaxot uw irmwry send to the IRS.
Imemai Revenue SerWa
Name(as shown on your income tax return)
Stutz Artiano Shinoff&Holtz,A.P.C.
t`i Business namNdsmirarded Way name.If different from above
m
rn
n
� Check appropriate box for federal tax Uamificetbn:
0 ❑Individuallsole propdeta 0 C Corporation ❑S corporation ❑ partnership ❑Trut/aswto
° ❑Exempt Peters
❑ Limitedfiability comparry.Enterthe tax classification(G_C cwpon,S=S mrordpbn,P=panl Np.
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y.E ❑ (xnar(sea irmlructidns)►
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Address(number,street,and apt.or suite no.) Requeste's name and addmss(opdonsq
U
n 2488 Historic Decatur Road,Suite 200
m CRY,stale,and ZIP code
in San Diego,CA 92106
'Lustaccountri mbens)here(opaonal)
Taxpayer Identification Number IN
Enter your TIN in the appropriate box.The TIN provided must match the name given on the"Name"Ilms I social security number
to avoid backup lwithholding.pr ,rietoFor individuals,this Is your weal security,coons (Sage However,for a
resident alien,sole propdetar,or disregarded entity,see the Part I instructions on page S.For other
entitles,It Is your employer Identification number ISM.If you do not have a number,we How to get a
TIN on page 3.
Note,if the account Is In moue than one name,see the char on page 4 for guklelines on whose IEmPinyaridoWleadon rwmbor
number to enter.
9 s - 3 5 S 1 4 7 7
IMUM —Cerffication
Under penalties of perjury,I certify that:
1. The number shown on this form is my correct taxpayer identification number(or I am wailing for a number to be issued to me),and
2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a falhae to report all Interest or dividends,or(c)the IRS has notified me that 1 am
no longer subject to backup withholding,and
3. 1 am a U.S.ci fzen or other U.S.person(defined below).
Certification Instructions.You must cross out Rem 2 above if you have been nolified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax retum.For real estate transactions,item 2 does not apply.For mortgage
Interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an Individual retirement arrangement ORA),and
generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your coned TIN.See the
Instructions on page 4.
Sign Slilnatwa of I
Hera Data.
General Instructions Note.It a requester gives you a form other than Form W-9 to request
Section references are to the Internal Revenue Code unless otherwise your TIN,you must use the requester's form If it is substantially similar
to this Form W-9.
noted' Definition o1 a US.person.For federal tax purposes,you are
Purpose of Form considered a U,&person if you are:
A person who Is required!to rife an Information mount with the IRS must a An Individual who Is a U.S.citizen or U.S.resident alien,
obtain your conect taxpayer Identification number MM to report,for •A partnership,corporation,company,or association created or
example,Income paid to you,real estate transactions,mortgage Interest organized In the United States or under the laws of the United States,
you paid,acquisition or abandonment of secured property,Cancellation a An estate(other than a foreign estate),or
of debt,or contributions you made to sin IRA
Use Form W-9 only If you are a U.S.person Occluding a resident -A domestic bust(as defined in Regulations section 301.7701.7).
alien),to provide your correct TIN to the person requesting R(the SPeCW miss far partnerehips.Partnerships that conduct a trade Cr
requester)and,when applicable,to: business in the United States are generally required to pay a vAthhokfing
1.Certify that the TIN you am giving is correct(or you are wetting fora tax on
in certain cases where a Form W-9 has not beenrtners!share of Income from such received,a
number to be issued),
2.Certify that are not subject to backup withholding, partnershipis required to presume that a partner is a foreign person,
you j p ng,or and pay the vritllhokFn9 tax,Therefore,it you are a U.S.person that is a
3.Claim exemption from backup withholding If you are a US.exempt partner in a partnership conducting a trade or business in the United
payee.If applicable,you are also certifying that as a U.S,person,your States,provide Forth W-9 to the partnership to establish your U.S.
allocable share of any partnership Income from a U.S.trade or business status and avoid withholding on your share of partnership Income.
Is not subject to the withholding tax on foreign partners'share of
effectively connected Income.
Cat No.10231X Farm W-9 One,12.2011)
2488 Historic Decatur Road Lee T.I'majo
Suite 200
San Diego,CA 92106-6113 F lyotaja(t�rtulZmtiano.rom
619.232.3122 1 n1 & 30 arsars _
Fax 619.232.3264 1
A Pro(bslional Corvorarion
�.SNtZartlanO.[OIl1
November 13, 2012
IU)E�10�1�7 Ell 'f1E�
(Ut,01 NOV 14 Z012
Carolyn Byrne
Woodruff, Spradlin& Smart, APC WOODRUFF,SPRADLIN 3 SMART
555 Anton Blvd.,Ste. 1200
Costa Mesa,CA 92626-7670
Alan Lew v. Palm Springs
Dear Carolyn:
I am enclosing the signed settlement agreement.Please sign and return a copy to our
office. As soon as we receive the fully executed agreement and settlement funds,we will file
the dismissal. Furthermore, I am providing you a copy of a W-9 form, which reflects Stutz
Artiano Shinoff&Iloltz's tax identification number.
Should you have any questions or concerns,please do not hesitate to contact me or my
assistant, Linda Moore.
1 thank you for your continued professionalism and courtesy.
STUTZ ARTIANO SHINOFF &HOLTZ
A Professional Corporation
Lee T. Patajo
LTP/llm
Enclosures
@PFDukiopl':ODMA:WORLDOVG.IDATA T WI/CO3D1148N.N'PO
SAN DIEGO LOS ANGELES ORANGE COUNTY INLAND EMPIRE LAS VEGAS