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Vazquez, Maria - 2020 Settlement AgreementSETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Agreement") is made by Maria Vazquez ("Vazquez"); Deborah Villalpando ("Villalpando"); and the City of La Quinta ("City"). The parties listed in the preceding sentence are hereinafter sometimes individually referenced as "Party" and collectively referenced as the "Parties." 1. RECITALS 1.1. Vazquez filed Case No. PSC2000151 in the Superior Court of California for the Count of Riverside, claiming damages sustained in connection with a trip -and -fall accident on or about November 1, 2018 (the "Incident"), naming as defendants Villalpando and the City. The City filed a cross-complaint against Villalpando. These claims shall hereinafter be collectively referenced as the "Litigation." 1.2. This Agreement is intended to resolve the Litigation in its entirety, including all complaints, cross-complaints, and claims for indemnity or contribution, without any admission of wrongdoing. The Parties acknowledge that the Terms set forth below are sufficient consideration for the Agreement. 2. TERMS 2.1. $90,000.00 will be paid to Vazquez by or on behalf of Villalpando. 2.2. $15,000.00 will be paid to Vazquez by or on behalf of the City. 2.3. The payments described in 72.1-2.2 above shall be made payable to "Walter Clark Legal Group and Maria Vazquez" and delivered to the Walter Clark Legal Group at 71- 861 Highway 111, Rancho Mirage, CA 92270. The payments will become due when: (a) this Agreement has been fully executed; and (b) Vazquez and her counsel have provided counsel for Villalpando and counsel for the City with a Form W-9 executed on behalf of the Walter Clark 2.4. Within 7 days after receipt of the payments described in ¶¶2.1-2.2 above (which counsel for Vazquez shall confirm within 24 hours of such receipt via e-mail notice to michael.portigal@farmersinsurance.com; cynthia.calzadiaz(aJfarmersinsurance.com; marialle.bell(dfarmersinsurance.com; kim..rnajeskc(dfarmersinsurance.com; kborgen a,gibbsandfuerst.com; and khernandez cr gibbsandfuerst.com ), each Party with a complaint or cross-complaint in the Litigation will file a request for dismissal of such complaint or cross-complaint in its entirety with prejudice. Each Party agrees that, if her or its complaint or cross-complaint is not so dismissed, that Party will be liable for reasonable attorney fees and costs incurred on behalf of any other Party required to enforce this Agreement. 2.5. Vazquez agrees that the monies paid to her in consideration of this Agreement are for reimbursement of medical expenses, lost wages, loss of earning capacity, out-of-pocket expenses, and disability, as well as complaints of pain and suffering, which resulted from the Incident. Page 1 of 5 MariaVazquez v. City of La Quinta and Deborah Villalpando Riverside Superior Court Case No. PSC2000151 2.6. Mutual Release by Parties — Except for the obligations of this Agreement, the Parties hereby release and discharge each other, and each of their current and former employees, consultants, agents, assigns, predecessors -in -interest, successors -in -interest, attorneys, insurers, representatives, joint powers insurance authority, indemnitors, and all persons acting by, through or in concert with any of them, (collectively, the "Releasees") from any and all claims, demands, contracts, liabilities, obligations, accounts, expenses, covenants, causes of action, suits, damages, judgments, interest, fees, costs, orders and liabilities, of whatever kind or nature, in law, equity or otherwise, whether known or unknown, suspected or unsuspected, which they ever had, now have, or claim to have, against the Releasees based upon, or arising out of, the Incident or Litigation. 2.7. This Agreement releases all claims for injuries, damages, or losses to Vazquez's person and property, real or personal, whether known, unknown, foreseen, unforeseen, patent or latent, which Vazquez, her heirs, agents, executors, administrators, and/or assigns may have against the other Parties or Releasees. 2.8. This release and settlement includes any and all claims and liens for medical services, government benefits, legal services, or liens of any other kind whatsoever, whether actual or asserted, present or prospective, any claims, causes of action, or rights to attorney fees, interest, and costs incurred, whether actual or asserted, present or prospective, as against Releasees. 2.9. Each Party understands and acknowledges the significance and consequence of a specific waiver of the protection of California Civil Code Section 1542. With respect to the matters described in 72.6 - 2.8 above, each Party specifically waives the protection of Section 1542 of the California Civil Code, which provides that: 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. Notwithstanding the waiver of Civil Code Section 1542, the release provided for herein is specific to the matters set forth above in 72.6 — 2.8 above and is not intended to create a release as to unrelated claims, or potential claims, between the Parties. 2.10. Vazquez represents that she has not received, and does not expect to receive, Medicare benefits in connection with any injury that she sustained as a result of the Incident. Vazquez waives any private cause of action that she may now or at any later time have against Releasees pursuant to 42 U.S.C. § 1395y in relation to the Incident. Vazquez further agrees for herself, her heirs, agents, executors, administrators, and assigns to fully and expressly indemnify, save and hold harmless and defend Releasees from and against all claims, demands, causes of action, damages, costs, losses, fines, penalties, and liabilities arising out of any lien or claim described herein. Vazquez acknowledges her right to seek waiver, compromise, or a reduction of claims, demands, causes of action, damages, costs and losses, and liabilities arising out of any Page 2 of 5 MariaVazquez v. City of La Quinta and Deborah Villalpando Riverside Superior Court Case No. PSC2000151 lien or claim described herein. In the event of any claim, lien, demand, cause of action described herein, Vazquez agrees to cooperate with Releasees to comply with reasonable requests for information or documents, a copy of any settlement agreement, waiver, or other document evidencing resolution. 2.11. The Parties to this Agreement have each been represented by independent legal counsel in negotiating the settlement reflected by this Agreement and in drafting this Agreement. They and their attorneys have made such investigations of the facts concerning this Agreement as they have felt was necessary, they have each relied upon their own and their own legal counsel's investigations and not upon any representations of the other Parties in deciding to enter into this Agreement, except for the representations expressly set forth in this Agreement. 2.12. Each Party hereby represents that the release given through this Agreement is freely and voluntarily given. 2.13. Vazquez hereby represents that, at the time she signs this Agreement, she is not hospitalized in a medical facility, nor was she admitted to a medical facility within the past 15 days. Vazquez further represents that this Release is not executed under duress. 2.14. The language of this Agreement is the product of the mutual effort of the Parties and their respective legal counsel. This Agreement shall be construed fairly as to all Parties, and it shall not be construed for or against any Party based in the extent to which that Party participated in drafting it. 2.15. If any provision of this agreement is determined to be invalid or unenforceable, the remainder shall remain in full force and effect and shall not be affected thereby unless the invalid provision(s) goes to the heart of the agreement and destroys its purpose and intent. 2.16. This Agreement shall be governed by California law and the Riverside County Superior Court shall retain jurisdiction pursuant to Code of Civil Procedure section 664.6 to enter judgment pursuant to the terms of the Agreement and to enforce performance in full of the Agreement. The venue for any action relating to this Agreement shall be Riverside County. 2.17. This Agreement may be pleaded or asserted by or on behalf of the Parties or Releasees as a defense and bar to any action or claim that may be brought against a Party or Releasee by anyone with respect to any of the matters within the scope of this Agreement, excepting only the obligations of this Agreement. 2.18. This Agreement constitutes a single, integrated contract expressing the Parties' entire Agreement concerning its subject matter. All prior discussions and negotiations concerning the subject matter of this Agreement have been merged and integrated into, and are superseded by, this Agreement. This Agreement may not be modified except by writing signed by all Parties to be bound by the modification. 2.19. This Agreement may be executed in counterparts, including facsimile and Page 3 of 5 MariaVazquez v. City of La Quinta and Deborah Villalpando Riverside Superior Court Case No. PSC2000151 electronically transmitted counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. CAUTION: READ BEFORE SIGNING DATED: 10/30/2020 By: DATED: By: [ Electron — .Ole ®V , A(h!4\ MARIA VAZQUEZ DEBORAH VILLALPANDO DATED: CITY OF LA QUINTA By: (signature) (print name and title) Page 4 of 5 MariaVazquez v. City of La Quinta and Deborah Villalpando Riverside Superior Court Case No. PSC2000151 DocuSign Envelope ID: BF4FAB24-035A-4E71-BA30-D9B679A335FC electronically transmitted counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. CAUTION: READ BEFORE SIGNING DATED: By: DATED: By: MARIA VAZQUEZ ---DocuuSigneed^by: / A, A "-' V ` 27--1410"--- '-9DE2622BC9D7496... DEBORAH VILLALPANDO DATED: CITY OF LA QUINTA By: (signature) (print name and title) Page 4 of 5 MariaVazquez v. City of La Quinta and Deborah Villalpando Riverside Superior Court Case No. PSC2000151 electronically transmitted counterparts, citch of which shall be deemed an original, II oFwhkh together shall constitute but vnc and the same imtnarnorit, CAUTION: BEFORE SIGNING DATED: By: DATED: By: DATED: 13y: MAtUA VAZ 1,43Z DEBORAH VILLALPANDO CITY OF LA QUINTA I LEN, City Manaer Page 4 of 5 MariaVazquez v. City of La Quintal Z13141. Dcborh Vilkipando Rilderside Superior CwArt Case No PSC200O 5 I APPROVED AS TO FORM: DATED: WALTER CLARK LEGAL GROUP By: SCOTT SAUNDERS ATTORNEYS FOR MARIA VAZQUEZ DATED: STRATMAN, SCHWARTZ & WILLIAMS- ABGREGO By: MICHAEL PORTIGAL� ATTORNEYS FOR DEBORAH VILLALPANDO DATED: GIBBS & FUERST, LLP By: MICHAEL T. GIBBS KEVIN L. BORGEN ATTORNEYS FOR CITY OF LA QUINTA Page 5 of 5 MariaVazquez v. City of La Quinta and Deborah Villalpando Riverside Superior Court Case No. PSC2000151 APPROVED AS TO FOI : DATED: WALTER CLARK LEUAL GROUP By SCOTT SAUNDERS ATTORNEYS FOR MARIA VAZQUEZ DATED: STRATMAN, SCHWARTZ & WIIA.IAM ABGREGO DATED: By: blICHAEL PORTIGAL ATTORNEYS FOR DEBORAH VILLALPANDO GIBBS & FUERST, LLP By: MICIIAEL T. GIBBS KEVIN L BORUEN ATTORNEYS FOR CITY OF LA ()UINTA Pup 5 of 5 MartaVazquez v. City °CU Quirtta and Deborah Viliolptindo Riverside Superior Cottrt Can No. PSC2000151 APPROVED AS TO FORM: DATED: 10/30/2020 WALTER CLARK LEGAL GROUP By: SCOTT SAUNDERS ATTORNEYS FOR MARIA VAZQUEZ DATED: STRATMAN, SCHWARTZ & WILLIAMS- ABGREGO By: MICHAEL PORTIGAL ATTORNEYS FOR DEBORAH VILLALPANDO DATED: GIBBS & FUERST, LLP By: MICHAEL T. GIBBS KEVIN L. BORGEN ATTORNEYS FOR CITY OF LA QUINTA Page 5 of 5 MariaVazquez v. City of La Quinta and Deborah Villalpando Riverside Superior Court Case No. PSC2000151