Tuller-Home Depot v LQ - 2025 Settlement Agrmt & ReleaseDocusign Envelope ID A87819A6-AF59-453C-BCC3-6B88376D8AA0
CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE
THIS SETTLEMENT AGREEMENT AND RELEASE ("SETTLEMENT
AGREEMENT") is made and entered into as of December , 2025. The parties to this
Confidential Settlement Agreement and General Release (the "Agreement") are as follows:
1. ALBERT TULLER ("Albert Tuller"); and
2. SANDI TULLER ("Sandi Tuller"); and
3. HOME DEPOT U.S.A., INC. ("Home Depot"); and
4. CITY OF LA QUINTA ("The City"); and
5. PC MAINTENANCE, LLC ("PCM"); and
6. MGS LANDSCAPE MAINTENANCE, INC. ("MGS).
Albert Tuller and Sandi Tuller may be collectively referred to herein as "PLAINTIFFS"
and/or "RELEASORS." Home Depot, The City, PCM, and MGS may be collectively referred to
herein as "DEFEDANTS" and/or "RELEASEES." RELEASORS and RELEASEES may be
collectively referred to herein as the "PARTIES."
This SETTLEMENT AGREEMENT is entered into for the purpose of settling any and
all claims, controversies and disputes, made or not made, between the aforesaid PARTIES
arising out of, or in any way related to an incident which occurred at a Home Depot store in or
around 79900 Highway 111, La Quinta, California, on or about September 27, 2020,
(hereinafter, the "INCIDENT"), and which resulted in a lawsuit styled Albert Tuller, et al. v.
City of La Quinta, et al. in the Riverside County Superior Court (Case No. CVPS2104791) and
any derivative actions (collectively referred to herein as the "LAWSUIT").
PCM filed a cross -complaint in this action against MGS. MGS filed a cross -complaint in
this action against PCM, The City, and Home Depot.
The PARTIES agree that the term "RELATED PARTIES" as to an individual means
that individual's agents, employees, attorneys, insurers, reinsurers, assignees, predecessors,
successors, spouses, children, heirs, and each of them, separately and collectively. The term
"RELATED PARTIES" as to any entity other than an individual means that entity's past,
present or future officer, directors, agents, employees, attorneys, insurers, reinsurers, assignees,
predecessors, successors, parents, subsidiaries, affiliates, divisions, shareholders, stockholders,
or members, and as to Home Depot, specifically includes its vendors and/or suppliers and/or
service providers. As used herein, unless otherwise specified, the terms "RELEASEES" and
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"RELEASORS" are intended to refer to and include the RELATED PARTIES of those
individuals and/or entities.
The PARTIES desire to enter into this SETTLEMENT AGREEMENT to discharge all
claims resulting from the INCIDENT and/or which were or could have been asserted in the
LAWSUIT upon the payment of the settlement amount, the terms and conditions of which are
set forth herein.
Agreement
The PARTIES hereby agree as follows:
1. In consideration of the payment set forth herein, the sufficiency of which is
hereby acknowledged, PLAINTIFFS hereby completely release and forever discharge and hold
harmless RELEASEES and any person or entity who has the right to claim that RELEASEES,
or any of them, must defend or indemnify it, him, and/or her with respect to the INCIDENT,
whether based on principles of equity or contract or otherwise; of and from any and all past,
present or future claims, demands, obligations, actions, causes of action, rights, damages, costs,
expenses and compensation of any nature whatsoever, whether based on a tort, contract or any
other theory of recovery, and whether for compensation or punitive damages, consequential or
direct damages, which PLAINTIFFS now have or which may hereafter accrue or otherwise be
acquired on account of, or in any way growing out of the INCIDENT, including, but not limited
to, any and all known or unknown claims for bodily and personal injuries and the consequences
thereof (foreseen or unforeseen), property damages, business losses or destruction, economic
losses of any nature, emotional damages, punitive damages or any other damages or losses,
which have resulted or may result from any alleged negligent, grossly negligent, reckless or
intentional acts or omissions of RELEASEES.
MUTUAL GENERAL RELEASES: In consideration for the payment of settlement
proceeds as set forth in paragraph 3, et seq., and for other good and valuable consideration, the
receipt of which is expressly acknowledged by the PARTIES and RELATED PARTIES, this
SETTLEMENT AGREEMENT also serves as a mutual release and waiver of claims, demands,
causes of action, contractual rights, indemnity rights, defense rights, equitable rights, attorney's
fees, liens, lien claims, costs, tort claims, and any other potential claims or causes of action that
RELEASEES might assert against each other arising from, related to, or connected with the
INCIDENT and/or LAWSUIT_, except HOME DEPOT'S claims against PCM and MGS and
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their insurance carriers for payment of fees and costs incurred and to be incurred in the defense
of the LAWSUIT to the extent said fees and costs have not been and are not paid by PCM,
MGS, and/or their insurance carriers, and until such time as the ACTION is dismissed with
and costs related to this ACTION, incurred until receipt of the Court's dismissal of thiJ
ACTION.
This release shall be a fully binding and complete settlement as between the PARTIES.
2. Upon the execution of this SETTLEMENT AGREEMENT and pursuant to the
terms contained in paragraph 3 below, PLAINTIFFS agrees to dismiss the LAWSUIT with
prejudice and RELEASEES agree to dismiss any Cross -Complaints with prejudice.
3. In consideration of the releases and other promises and agreements set forth
herein, sum total of Three Hundred and Six Thousand Dollars ($306,000.00) shall be paid by
checks made payable to "Albert and Sandi Tuller and the Walter Clark Legal Group" to be
disbursed in accordance with paragraph 10 below. The gross settlement funds are distributed as
follows, though they will be disbursed with any lien repayment amounts to be satisfied first
from PCM's settlement funds, then Home Depot/The City's funds, then from MGS:
PCM: $150,000.
Home Depot/The City (via Cincinnati Insurance): $100,000
Home Depot: $50,000
MGS: $6,000.
The settlement checks will be mailed via overnight mail to counsel for RELEASORS within
thirty (30) days of all of the following:
3.1 Receipt by counsel for RELEASEES of a W-9 from counsel for RELEASORS;
3.2 Receipt by counsel for RELEASEES of a letter on letterhead from counsel for
RELEASORS setting forth how the settlement check should be made payable;
3.3 Receipt by counsel for RELEASEES of sufficient information and
authorizations so that RELEASEES can verify the status of payments or
conditional payments made by Medicare, Medicare Advantage Plans, and/or
other potential governmental lien holders, if any;
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3.4 Verification by RELEASEES or CMS that there are no Medicare or Medicare
Advantage Plan liens or reimbursement interests or that said interests are
satisfied;
3.5 Receipt by counsel for RELEASEES of a fully executed Request for Dismissal
with prejudice of the LAWSUIT, which will not be filed until the settlement
check set forth above has been sent to counsel for RELEASORS; and
3.6 Receipt by counsel for RELEASEES of this SETTLEMENT AGREEMENT
signed by RELEASOR and by counsel for RELEASORS.
4. The PARTIES shall bear their own attorneys' fees and costs arising from the
actions in connection with the INCIDENT. RELEASORS warrant and represents that theirhis
prior attorneys, if any, are not asserting liens of any kinds, including for fees or costs, and
further agree that if such liens are asserted that RELEASORS and RELEASORS' counsel shall
be responsible to satisfy those liens, and will defend, indemnify, and hold harmless the
RELEASEES from any claims or lawsuits asserted by those attorneys in connection with the
INCIDENT, the LAWSUIT, or the SETTLEMENT AGREEMENT.
5. RELEASORS acknowledge and agrees that the release set forth herein is a
general global release and that theyhe expressly waives and assumes the risk of any and all
claims for damages which exist as of this date, but which theyhe does not know of or suspect to
exist, whether through lack of discovery, lack of knowledge, oversight, error, negligence, or
otherwise, and which, if known, would materially affect RELEASORS'his decision to enter
into this SETTLEMENT AGREEMENT.
California Civil Code Section 1542 Waiver
RELEASORS expressly acknowledge and agree that the releases contained in this
SETTLEMENT AGREEMENT include a waiver of all rights under Section 1542 of the
California Civil Code. This statute reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OF 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.
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RELEASORS acknowledge that they have read all of this SETTLEMENT
AGREEMENT, including the above Civil Code section, and fully understands both the
SETTLEMENT AGREEMENT and the Civil Code section. On that basis, RELEASORS waive
any benefits and rights granted to them pursuant to Civil Code section 1542 as it pertains to this
LAWSUIT.
6. RELEASORS acknowledge that the damages which allegedly have or may be
sustained are or may be of a permanent or hidden nature and that damage therefrom is uncertain
and indefinite, and in making this SETTLEMENT AGREEMENT it is understood and agreed
that RELEASORS rely wholly upon their judgment, belief and knowledge of the nature, effect
and duration of said damages, and RELEASORS hereby assume full responsibility for any such
damages or losses. RELEASORS further agrees. that they accept payment of the sums specified
herein as a complete compromise of matters involving disputed issues of law and fact and fully
assume the risk that the facts or the law may be otherwise than believed or understood by them.
7. RELEASORS and counsel for RELEASORS are solely responsible for
satisfaction of any and all valid liens, claims for services rendered, or monies expended on
behalf of RELEASORS, including but not limited to any liens for attorneys' fees and/or other
collection agency, medical care provider, insurer, worker's compensation liens, governmental
agency, or company claiming any subrogated or lien rights relating to or arising out of the
LAWSUIT and/or the INCIDENT, with the exception of Medicare liens as stated in paragraph
10 below.
8. RELEASORS and counsel for RELEASORS assume any and all responsibility
to pay any and all liens related to RELEASORS' injuries and claims arising from the
INCIDENT, with the exception of Medicare liens as stated in paragraph 10 below, and
indemnifying and holding RELEASEES harmless with respect thereto, and with RELEASORS
assuming any and all responsibility to pay any and all taxes related to RELEASORS' injuries
and claims arising from the INCIDENT and indemnifying and holding RELEASEES harmless
with respect thereto. RELEASORS and counsel for RELEASORS agree to defend, indemnify
and hold DEFENDANTS harmless against any future lien claims or further exposure, claim, or
payment related to the matters set forth in this SETTLEMENT AGREEMENT, specifically
including, but not limited to, any claim by Medicare, CMS, or SSDI, if any, however instituted,
presented or effected which relates to the INCIDENT or the LAWSUIT and/or any and all
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liens, claims for services rendered or monies expended on behalf of RELEASORS relating to or
arising out of the INCIDENT or the LAWSUIT.
9. RELEASORS affirm the following: Albert Tuller is Medicare eligible and/or a
Medicare beneficiary. RELEASORS and counsel for RELEASORS have considered
Medicare's potential interests and do not believe a Medicare Claim Set Aside Trust is
necessary; accordingly, RELEASORS haves not established any allocation for future Medicare
covered expenses. Albert Tuller acknowledges that he is further identified by:
DOB: 08/22/1959
MBI: 2KJ9W86RQ18
SSN: XXX-X1-8083
RELEASORS acknowledges that the settlement is also the Total Payment Obligation to
Claimant (TPOC) Amount for purposes of 42 USC 1395y (b)(8).
Albert Tuller may have received medical items or services paid for by Medicare; the
following ICD-10 Diagnoses will be reported as required by 42 USC 1395y(b)(8) and 42 CFR
411.25:
ICD-10 Diagnosis Code ICD-10 Diagnosis Description
S62.015A Nondisplaced fracture of distal pole of navicular
[scaphoid] bone of left wrist, initial encounter for
closed fracture
S01.81XA Laceration without foreign body of other part of
head, initial encounter
Public Benefit Claims: The term Public Benefit Claims as used in this agreement, shall
mean to include all Public Welfare, Medicaid and/or Medicare Secondary Payer liens and/or
claims, including Medicare Secondary Payer repayment/reimbursement claims as defined under
42 USC 1395y(b)(2)(B)(ii) and Medicare Secondary Payer subrogation claims as defined under
42 USC 1395y(b)(2)(B)(v). It is the intent of the PARTIES that any and all Public Benefits
Claims that have or may be asserted against RELEASORS or RELEASEES because of
payment of the settlement amount shall be satisfied from the proceeds of this settlement only.
RELEASORS shall satisfy by way of payment, reduction, waiver, and/or compromise any and
all Public Benefits Claims related to the incident this is the subject of this Settlement
Agreement. Where RELEASORS are required by applicable statute(s) and/or regulation(s) to
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pay the disputed funds to the public agency prior to the review of appeals process being
completed; RELEASORS shall comply with said statute(s) and/or regulations(s) and deposit the
disputed funds. RELEASEES are legally obligated to notify Medicare of the terms of this
settlement under 42 USC 1395y(b)(8) and 42 CFR 411.25 and RELEASOR Albert Tuller
acknowledges that said notification may adversely impact his future Medicare benefits.
Medicare's Future Interest Protected: RELEASORS understand and acknowledge that
by entering into this Settlement Agreement, RELEASEES do not intend to shift responsibility
to the Medicare Trust Fund for medical items or services which may be related to the Incident.
No portion of the settlement amount is being specifically allocated for future medical treatment
and RELEASORS have been informed, advised and afforded the opportunity to seek legal
counsel regarding the Centers for Medicare & Medicaid Services (CMS) Memoranda on future
medical information, dated September 29, 2011 (CMS Memo) and has elected to receive the
Settlement Amount without the benefit of a formal allocation to be set aside to pay for future
medical benefits related to the Incident. RELEASORS further understand and acknowledge it is
RELEASORS' responsibility to pay for any necessary future medical treatment that may be
related to the Incident out of the proceeds of the settlement, if applicable. Absent further
guidance by CMS, through Regulations, Rules, or Memoranda, no legal basis remains to
withhold the lump sum distribution and RELEASEES have completed its obligation to consider
Medicare's future interest with this payment that forecloses any reimbursement claim(s) for
items and services related to the subject incident after the date of this Settlement Agreement
and Release.
10. Disbursement & Exhaustion: Upon receipt of this executed Agreement,
RELEASEES shall pay the settlement draft as follows: First, to the Medicare Coordination of
Benefits & Recovery Center (BCRC) for the amount listed on the BCRC Final Demand Letter,
upon RELEASEES' receipt of the Final Demand Letter, to be procured by RELEASOR;
second, to Optum Subro for the amount on the United Healthcare, a Medicare Advantage Plan,
Final Lien Letter, upon RELEASEES' receipt of the Final Lien Letter, to be procured by
RELEASOR; and third, any balance to RELEASORS and their attorney. RELEASEES warrant
and RELEASORS acknowledge that the payment of the settlement amount in this manner
constitutes the entire benefit available from the Primary Plan (defined under 42 USC
1395y(b)(2)(ii)) for this incident and the liability plan is therefore exhausted. RELEASORS
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have not made RELEASEES aware of any additional Medicare part C (Advantage) and/or part
D (Prescription Drug) Plan(s) to whom reimbursement is owed or claims to hold a lien against
RELEASEEES or any of the settlement funds herein. RELEASORS understand and agree that
in the event a Medicare Advantage and/or Medicare Prescription Drug plan does pursue
recovery it is RELEASORS' responsibility to fully repay the lien from out of the settlement
funds received. RELEASORS further waive any private cause of action they may have or
accrue related to the settlement of this claim that arises under 42 U.S.C. 1395y(b)(3)(A).
11. RELEASORS further acknowledge that RELEASEES are obligated to report the
settlement information to the Medicare BCRC in compliance with reporting requirements under
the Medicare Secondary Payer Act. RELEASORS acknowledge and understand that
RELEASEES have no control over how, or in what manner, Medicare will use such
information and therefore cannot, will not and does not offer any representations, opinions,
statements, warranties (implied or express), or comments on the impact this information will
have on RELEASORS' future Medicare benefits as a result of entering in to this Settlement
Agreement, and therefore, RELEASORS freely enter into this agreement without any
inducement whatsoever.
12. RELEASORS acknowledge that CMS (Medicare) may have a right to recover
any conditional payments from the settlement funds which were not resolved at the time of the
settlement and may have a right to recovery of the entire settlement amount. RELEASORS
accept that risk and RELEASORS and counsel for RELEASORS agree to hold harmless,
defend, and indemnify DEFENDANTS RELEASEES for any Medicare conditional payments
reimbursement demanded or required by the Medicare Secondary Payer Recovery Contractor
(MSPRC), CMS, collection agency or any other governmental entity that may be uncovered
and demanded in the future.
13. RELEASORS understand that should CMS (Medicare) find a Medicare Set
Aside Allocation was necessary and that Medicare's interests were not adequately protected,
CMS (Medicare) may require that RELEASORS expend up to the entire settlement amount on
Medicare covered expenses related to the injury before Medicare will provide coverage for the
injury. RELEASORS voluntarily accept this risk and waive any and all claims of any nature
and/or damages against RELEASEES should Medicare take such action, including, but not
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limited to a Private Cause of Action under the Medicare Secondary Payer Act (MSP) pursuant
to 42 USC §1395y(b)(3)(A).
14. The foregoing representations by RELEASORS are deemed a material
representation and a material basis of consideration for payment of the settlement sum. This
SETTLEMENT AGREEMENT is voidable, at the sole option of DEFENDANTS
RELEASEES should RELEASORS make any misrepresentation regarding Medicare or SSDI
eligibility and/or receipt of past, present or future benefits.
15. RELEASORS represent and warrant that no other person or entity has or has had
any interest in the claims, demands, obligations or causes of action referred to in this
SETTLEMENT AGREEMENT, that RELEASORS have the sole and exclusive right, to
receive sums specified in it and that RELEASORS have not sold, assigned, transferred,
conveyed or otherwise disposed of any of the claims, demands, obligations or causes of action
referred to in this SETTLEMENT AGREEMENT.
16. RELEASORS agree and acknowledge that the payment of the sums specified in
this SETTLEMENT AGREEMENT are a full and complete compromise of doubtful and
disputed claims; that neither payment of the sums and other valuable consideration provided by
RELEASEES, nor the negotiations for this settlement (including any and all statements,
admissions and/or communications) by RELEASEES or their attorneys or representatives shall
be considered an admission of liability by any of said parties and that such liability is expressly
denied by all parties; and that no past or present wrongdoing on the part of RELEASEES shall
be implied by such payment or negotiations.
17. RELEASORS hereby represent that, other than expressly noted herein in this
SETTLEMENT AGREEMENT, they are unaware of any liens or other encumbrances presently
existing against the settlement amounts. If any such liens do exist, including but not limited to
liens for medical treatment received by RELEASORS whether arising under 42 U.S.C.
1395y(b)(2)(B)(iii) or 42 U.S.C. 1395y(b)(2)(B)(iv) or not, counsel for RELEASORS agree to
hold sufficient funds from the settlement proceeds in its attorney -client trust account to satisfy
those liens and not to disburse or distribute those funds until all such liens have been fully
satisfied. RELEASORS and counsel for RELEASORS expressly agree to defend, indemnify
and hold harmless RELEASEES with respect to any claims or suits brought by any person or
entity, public, private or otherwise on account of, or in any manner related to or arising from
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the INCIDENT as a result of the failure by RELEASORS or by counsel for RELEASORS to
satisfy any and all such liens as required under this paragraph.
18. This SETTLEMENT AGREEMENT is entered into in the State of California
and shall be construed and interpreted in accordance with its laws.
19. In entering into this SETTLEMENT AGREEMENT, the PARTIES represent
that they are of lawful age and of sound mind and are competent to enter into this
SETTLEMENT AGREEMENT and that the PARTIES have relied upon the legal advice of
personally selected counsel or have had the opportunity to consult with personally selected
counsel if so desired, and that the PARTIES have read the terms of this SETTLEMENT
AGREEMENT completely, or that they have had the opportunity to have the terms of this
SETTLEMENT AGREEMENT completely read to the PARTIES by personally selected
counsel, and that all of the terms contained in this SETTLEMENT AGREEMENT are fully
understood and voluntarily agreed to by the PARTIES.
20. The PARTIES acknowledge and agree that this SETTLEMENT AGREEMENT
has been negotiated at arm's-length between persons knowledgeable in the matters dealt with
herein. Accordingly, any rules of law that would require interpretation of any ambiguities
against the party who drafted this SETTLEMENT AGREEMENT do not apply and are
expressly waived.
21. The PARTIES agree to cooperate fully and execute any and all documents and
to take all additional actions which may be necessary or appropriate to give full force and effect
to the basic terms and intent of this SETTLEMENT AGREEMENT.
22. It is fully understood and agreed that this SETTLEMENT AGREEMENT covers
all claims asserted and unasserted, it being the intent of the undersigned PLAINTIFFS to fully
extinguish all claims against anyone allegedly responsible for injuries or damages sustained as a
direct or indirect result of the INCIDENT and/or LAWSUIT.
23. RELEASORS and RELEASORS' counsel and any agents or representatives of
RELEASORS, further agree that the terms of this SETTLEMENT AGREEMENT, including,
but not limited to, the terms, conditions and amount of payment, as well as information
concerning the LAWSUIT such as any information which could be used to identify or infer the
identities of the parties or the case in any other way (for example, the court or courts in which
the case is or was venued, case numbers, references to the facts or circumstances or location of
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the INCIDENT, and/or reference to "home improvement stores" or "orange") are strictly
confidential and that no further disclosure, report, or suggestion concerning same shall be made
to any entity or person, including family and friends, except as required by law. RELEASORS
and RELEASORS' counsel expressly represent and agree as a condition of payment of the
amount specified herein that they will not further disclose any information concerning the
LAWSUIT or this settlement (as noted above), to any other entity or person, including, but not
limited to, print and television media, social media (i.e. Facebook, Twitter, Instagram,
YouTube), blogs, websites, internet postings, publishing companies, and public interest groups,
unless ordered to do so by a court of law or as necessary for purposes of payment of income
taxes. In the event RELEASORS and/or RELEASORS' counsel are asked about the
LAWSUIT, they may respond only that the matter has been resolved but will provide no other
information. In the event RELEASORS and/or RELEASORS' counsel are compelled by legal
subpoena or court order to provide information covered by this provision, RELEASORS agree
to immediately notify RELEASEES through counsel of record in this case, or by contacting
RELEASEES' respective legal departments and/or corporate offices directly if said firms no
longer exists. This confidentiality agreement is being made part of the consideration for the
settlement of this claim, and any further disclosure shall constitute a breach of this
SETTLEMENT AGREEMENT. If this SETTLEMENT AGREEMENT is breached,
RELEASEES, or any of them, shall be entitled to all remedies allowed in law or equity,
including but not limited to, the return of any payments or other valuable consideration made or
provided to RELEASOR under this SETTLEMENT AGREEMENT. The PARTIES further
agree that any disputes concerning any of the alleged breaches referenced in this Paragraph will
be resolved through arbitration under the procedures outlined by the American Arbitration
Association (AAA), a nonprofit organization that administers the arbitration process.
24. The PARTIES further agree that in the event of any breach of this
SETTLEMENT AGREEMENT, the breaching party will pay all attorneys' fees and expenses
incurred by the non -breaching party in enforcing the provisions hereof.
25. All discovery documents that are marked "Confidential" and/or "Proprietary"
and all copies or reproductions of the same (in whole or in part) provided by RELEASEES to
RELEASOR or his counsel shall be destroyed (including permanent deletion from all computer
systems) or returned to counsel for the producing party within 30 days of the execution of
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dismissal of the LAWSUIT. No copies or reproductions of these materials shall remain with
RELEASOR or his counsel or their consultants or their experts, and no such materials shall be
distributed, disseminated, or made available to any third -party or non-party.
26. RELEASORS agree that theyhe will not make or cause to be made any
statements that disparage or damage the reputation of RELEASEES, or any of them.
RELEASORS also agree that they will not encourage or incite other customers of
RELEASEES, or any of them, to disparage or assert any complaint or claim, or to initiate any
legal proceeding, against RELEASEES, or any of them. In the event such a communication is
made to any person or entity, including but not limited to, print and television media, social
media (i.e. Facebook, Twitter, Instagram, YouTube), blogs, websites, internet postings,
publishing companies and public interest groups, it will be considered a material breach of the
terms of this SETTLEMENT AGREEMENT. If this SETTLEMENT AGREEMENT is
breached, RELEASEES, or any of them, shall be entitled to all remedies allowed in law or
equity, including but not limited to, the return of any payments made to RELEASORS under
this SETTLEMENT AGREEMENT. RELEASORS further agree that any disputes concerning
any of the alleged breaches referenced in this Paragraph will be resolved through arbitration
under the procedures outlined by the American Arbitration Association (AAA), a nonprofit
organization that administers the arbitration process.
27. This SETTLEMENT AGREEMENT contains the entire agreement between
RELEASORS and RELEASEES with regard to the matters set forth herein. There are no other
inducements, understandings or agreements, verbal or otherwise, in relation thereto, between
the parties except as herein expressly set forth. RELEASORS, in executing this SETTLEMENT
AGREEMENT, does not rely on any inducements, promises or representations made by
RELEASEES, or any of them, or any of RELEASEES' representatives. This SETTLEMENT
AGREEMENT shall be binding upon and inure to the benefit of the executors, administrators,
personal representatives, heirs, successors and assigns of each party. All RELEASEES who are
not parties to this Agreement are considered as third -party beneficiaries to this SETTLEMENT
AGREEMENT.
28. RELEASEES make no warranties or representations regarding the payment
referenced in this SETTLEMENT AGREEMENT. In the event any taxing authority deems such
payment to be taxable, in whole or in part, RELEASOR shall be solely responsible for the
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payment of all such taxes and shall defend and indemnify RELEASEES, or any of them, in the
event any taxing authority seeks payment from RELEASEES, or any of them, for any taxes.
29. This SETTLEMENT AGREEMENT shall become effective immediately upon
execution.
December 19 2025 l�C J,�----�%f
Dated: December , 2025 By: //
Dated: December December
19,zoz5 , 2025 By:
Albert Tuller
PLAINTIFF/RELEASOR
Sandi Tuller
PLAINTIFF/RELEASOR
Approved as to form and content and to be bound by the terms and conditions as noted:
Dated: December 19 , 2025 WALTER CLARK LEGAL GROUP
By:
Lawrence Pessley, Esq.
PLAINTIFF' S/RELEASOR' S Counsel
Approved as to form and content and to be bound by the MUTUAL GENERAL RELEASES
terms noted above:
Dated: December , 2025 By:
Dated: December , 2025 By:
Dated: December 30 , 2025 By:
Dated: December 29 , 2025 By:
HOME DEPOT U.S.A., INC.
Name (printed)
Title
CITY OF LA QUINTA
Name (printed)
Title
e—DocuSigned by:
(,uJwt QInLrSOI ,
PC ArgRI'ITCE, LLC
Name (printed) LeeAnn Anderson
Title Human Resources
Settlement Agreement and Release Page 13 of 14
Albert Tuller, et al. v. Home Depot U.S.A., Inc. CONFIDENTIAL
Docusign Envelope ID: A87819A6-AF59-453C-BCC3-6B88376D8AA0
MGS LANDSCAPE MAINTENANCE, INC.
Name (printed) Emigdio Mora
Title CEO
Settlement Agreement and Release Page 14 of 14
Albert Tuller, et al. v. Home Depot U.S.A., Inc. CONFIDENTIAL
Docusign Envelope ID A87819A6-AF59-453C-BCC3-6B88376D8AA0
payment of all such taxes and shall defend and indemnify RELEASEES, or any of them, in the
event any taxing authority seeks payment from RELEASEES, or any of them, for any taxes.
29. This SETTLEMENT AGREEMENT shall become effective immediately upon
execution. December 19, 2025 /%�f/ D �__--Y
Dated: December , 2025 By:
Dated: December Deeember'9,2o25 , 2025 By:
Albert Tuller
PLAINTIFF/RELEASOR
Sandi Tuller
PLAINTIFF/RELEASOR
Approved as to form and content and to be bound by the terms and conditions as noted:
Dated: December 19 , 2025 WALTER CLARK LEGAL GROUP
By:
Lawrence Pessley, Esq.
PLAINTIFF' S/RELEASOR' S Counsel
Approved as to form and content and to be bound by the MUTUAL GENERAL RELEASES
terms noted above:
Dated: December , 2025 By:
HOME DEPOT U.S.A., INC.
Name (printed)
Title
Dated: December 30 , 2025 By:
CITY OF LA QUINTA
Name (printed) Jon McMillen
Title City Manager
DocuSigned by:
Dated: December 30 , 2025 By: jkatAAA, ittn,iturSok,
2C9B2217893944B...
PC 1V1H11N 1 LIN AIN LE,
LLI.
Name (printed) LeeAnn Anderson
Title Human Resources
Dated: December 29 , 2025 By:
Settlement Agreement and Release Page 13 of 14
Albert Tuller, et al. v. Home Depot U.S.A., Inc. CONFIDENTIAL
Docusign Envelope ID: A87819A6-AF59-453C-BCC3-6B88376D8AA0
payment of all such taxes and shall defend and indemnify RELEASEES, or any of them, in the
event any taxing authority seeks payment from RELEASEES, or any of them, for any taxes.
29. This SETTLEMENT AGREEMENT shall become effective immediately upon
execution. III 1Al /yam l/�
December 19, 2025 l��' f //J�__---1=�
Dated: December , 2025 By: //
Dated: December Deeember2025 , 2025 By:
Albert Tuller
PLAINTIFF/RELEASOR
Sandi Tuller
PLAINTIFF/RELEASOR
Approved as to form and content and to be bound by the terms and conditions as noted:
Dated: December 19 , 2025 WALTER CLARK LEGAL GROUP
By:
Lawrence Pessley, Esq.
PLAINTIFF'S/RELEASOR'S Counsel
Approved as to form and content and to be bound by the MUTUAL GENERAL RELEASES
terms noted above:
Dated: December , 2025 By:
Dated: December , 2025 By:
Dated: December 30 , 2025 By:
Dated: December 29 , 2025 By:
HOME DEPOT U.S.A., INC.
Name (printed)
Title
CITY OF LA QUINTA
Name (printed)
Title
—DocuSigned by:
L,t,til AAA, QIA, Lt 1rsbu ,
2C9B2217893944B...
PC NMA11N 1t1NAINLE, LLL
Name (printed) LeeAnn Anderson
Title Human Resources
Settlement Agreement and Release Page 13 of 14
Albert Tuller, et al. v. Home Depot U.S.A., Inc. CONFIDENTIAL
Docusign Envelope ID: A87819A6-AF59-453C-BCC3-6B88376D8AA0
docubee
Signature Process Reference: 8a 14d9f6-648e-4457-ba 16-c42aba917f29
PARTICIPANT DETAILS
Process started
19-Dec-2025 12:11 PM EST
stuller@aol.com
stuller@aol.com
IP Address: 97.170.42.109
Document viewed
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Reference ID: ba23a7f5-7da3-4e11-bc41-9b01f84275f8
stuller@aol.com
stuller@aol.com
IP Address: 97.170.42.109
Document accepted & signed
19-Dec-2025 12:20 PM EST
Reference ID: ba23a7f5-7da3-4e 11-bc41-9b01f84275f8
stuller@aol.com
stuller@aol.com
IP Address: 97.170.42.109
Document viewed
19-Dec-2025 12:22 PM EST
Reference ID:e7419267-a1fa-4b96-8b0e-ed27aeca0fc0
stuller@aol.com
stuller@aol.com
IP Address: 97.170.42.109
Document accepted & signed
19-Dec-2025 12:23 PM EST
Reference ID: e7419267-a1fa-4b96-8b0e-ed27aeca0fc0
Document has been completed
19-Dec-2025 12:23 PM EST