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Home My WebLink AboutDavenport, Loranzo; 2025-02-04;SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Settlement Agreement and Release of All Claims (hereafter referenced as the "Agreement") is entered into by Plaintiff Loranzo Davenport ("Plaintiff'') and Defendants City of Carlsbad and Daniel Steele ("Defendants"). Plaintiff and Defendants may be collectively referred to herein as the ''Parties". RECITALS 1. Plaintiff was an employee of Defendant City of Carlsbad; 2. On or about October 26, 2023, Plaintiff filed a lawsuit entitled Davenport v. City of Carlsbad, et al. in San Diego County Superior Court Case No. 37-2023-00046515, (hereafter referred to as the "Lawsuit"), alleging various violations of FEHA (Government Code §12940 et seq.); and 3. The Parties have reached a final global resolution and settlement of any and all potential claims and causes of action by Plaintiff. This Settlement Agreement is entered into for the purposes of Plaintiff resolving and releasing all claims and causes of action asserted, and all those which could have or may be asserted, including, but not limited to dismissing the Lawsuit with prejudice. AGREEMENT 1. Settlement and Dismissal. Plaintiff shall dismiss the Lawsuit, in its entirety, with prejudice, and shall release and discharge any and all claims and causes of actions, lawsuits, administrative charges, or grievances of any kind whatsoever against Defendants, their predecessors in interest, successors in interest, corporate affiliates, past or present employees, officers, directors, managers, members, attorneys, insurers, agents, successors, heirs, and assigns ( collectively "Releasees") arising out of the events or incidents referred to in the pleadings or litigation of this Lawsuit, in exchange for a waiver of costs as to Defendant Steele, and in exchange for the sum of One Hundred Ninety Nine Thousand Dollars ($199,000) ("Settlement Amount"), as to Defendant City of Carlsbad, each side to bear its own attorneys' fees and costs. Plaintiff acknowledges that he alone is and will be fully responsible for the payment of any and all amounts governmental or tax authorities may claim are due, if any. Plaintiff acknowledges that the Defendants are relying on, among other things, this specific provision in entering into this Agree- ment, and in paying the Settlement Amount, and that this Agreement is not contingent upon any particular tax characterization or treatment of such sums. 2. Manner of Payment of Settlement Amount. Within thirty (30) calendar days of the execution of this Agreement, and upon receipt of current and signed W9 forms from Plaintiff and Plaintiffs counsel, Defendant City of Carlsbad shall remit to counsel for Plaintiff a check for the Settlement Amount made out to "Walker Law Client Trust Account." If the 30th day following the execution of this Agreement falls on a weekend or holiday, payment of the Settlement Amount shall be due the next court day. Within three (3) court days of receipt of the check for the Settlement Amount, Counsel for Plaintiff shall file with the Court a Request for Dismissal with Prejudice of Page 1 of4 the entire action. Payment is contingent on receipt of current, signed W9 forms from Plaintiff and Plaintiff's counsel. 3. Release. Plaintiff on behalf of himself, his dependents, heirs, executors, administrators, assigns, attorneys, and successors, irrevocably and unconditionally releases and forever discharges Releasees from any and all claims, charges, causes of action or any other liability, whether in contract or tort, by statute or common law, known or unknown, arising out of or relating in any way to, the Lawsuit, including but not limited to, claims for the alleged discrimination, harassment, retaliation, failure to prevent discrimination and/or retaliation, loss of compensation, and/or any other claims under federal, state or local law. Plaintiff further affirms that he has no other pending claims, suits, or charges against Releasees other than this lawsuit and will not raise such charges in the future. In turn, Releasees release and forever di~charge Plaintiff from any and all claims, charges, causes of action or any other liability, whether in contract or tort, by statute or common law, known or unknown, arising out of or relating to the Lawsuit. 4. Section 1542 Release. Section 1542 of the California Civil Code provides, generally, that a release does not extend to unknown claims. Specifically, Section 1542 of the Civil Code of the State of California state~ as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR BER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HA VE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. For the purposes of implementing a full and complete release and discharge of each other, the Parties expressly waive and release all rights and benefits afforded by Section 1542 of the Civil Code of the State of California, and acknowledges that this Agreement is intended to include and discharge all claims which they do not know or suspect to exist relating to Plaintiff's employment with Defendant City of Carlsbad, at the time of execution, except for any claims for workers compensation. 5. No Admission of Liability. This Agreement is a compromise and settlement of disputed claims being released herein, and therefore, this Agreement and the Settlement Amount do not constitute an admission of liability on the part of Defendants; nor does this Agreement constitute an admission, directly or by implication, that they have violated any law, rule, regulation, policy or any contractual right or other obligation owed to Plaintiff. Defendants specifically deny all allegations of improper or unlawful conduct made by Plaintiff in the Lawsuit. Defendants enter into this agreement merely to avoid further litigation. 6. Neutral Reference. Defendant City of Carlsbad will provide Plaintiff with no less than a neutral reference to any entity other than Releasees. A neutral reference shall mean that prospective employers will be advised only as to the dates of Plaintiff's employment and Plaintiff's most recent job title. Page2 of 4 7. Confidentiality. Plaintiff agrees to keep the terms and conditions of this Agreement, including the Settlement Amount, confidential. Nothing in this agreement prevents Plaintiff from discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that he has reason to believe is unlawful 8. Court Costs and Legal Fees. The Parties to this Agreement agree to bear their own attorney's fees and costs for prosecution and/or defense of the subject matter and any other expenses for all matters related to or arising from the matter. 9. Entire Agreement. This Agreement constitutes the entire written agreement of compromise and settlement between the Parties. There are no other agreements, whether oral or written, modifying its terms. The terms of this Agreement can be modified only by a writing signed by the Parties, expressly stating that such modification is intended. 10. Advice of Counsel. In executing this Agreement, the Parties acknowledge that they have consulted with and have been advised by their respective attorneys, and that they have executed this Agreement after independent investigation and without fraud, duress or undue influence. The Parties further acknowledge and agree that they have had a reasonable period of time for deliberation before executing this Agreement. 11. Venue. The Parties to this Agreement expressly agree that the only proper venue for any lawsuit arising out of the breach of this Agreement shall be in Superior Court, State of California, County of San Diego. The Parties to this Agreement expressly agree th3:t th_e laws of the State of California will control all issues arising in such a lawsuit. This Agreement is specifically enforceable under CCP 664.6. 12. Breach. No waiver of any breach by either party, or their attorneys, of any condition or provision of the Agreement to be performed by the other party or the party's counsel shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. 13. Ambiguities. This Agreement has been reviewed by the Parties and their respective attorneys, and the Parties have had a full opportunity to negotiate the contents thereof. The Parties expressly waive any common law or statutory rule of construction that ambiguities should be construed against the drafter of this Agreement and agree that the language in all parts of this Agreement shall be in all cases construed as a whole, according to its fair meaning. 14. Severability. Should any provision of this Agreement be declared or determined by any court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected by said illegal or invalid part, term, or provision, and shall be deemed not to be a part of this Agreement. Ill Ill Page 3 of 4 15. Signature in Counterparts. This Agreement may be executed in counterpaits, and if so executed, each such counterpart shall have the force and effect of an original. IN WITNESS THEREOF, the Parties hereto executed this Settlement Agreement as of the date specified below. Dated: ------- Dated: ------- Dated: '-I \.-'I { ... ;- Lorenzo Davenport Daniel Steele City of Carlsbad r\-JLl Q. \-___ By its Aut!JorizedAgent: G,eof( Pa }nDc.. Title: C, ~ ._;\tt Y)A~ APPROVED AS TO FORM Cindie K. McMahon,.cnr Attorney k , Jc. f-1~ Aslllt&nWDcpiily Clly Attorney Cir of Carlebacl, California Page4 of 4 15. Simature in Counterparts. This Agreement may be executed in counterparts, and if so executed, each such counterpart shall have the force and effect of an original. IN WITNESS THEREOF, the Parties hereto executed this Settlement Agreement as of the date specified below.· Dated: -------;J~ ij §> ___ _.;;... __ -=---- Lorenzo Davenport Dated:<:2 / 7 / ~0 -• ~ Daniel Steele City of Carlsbad Dated: -------By its Authorized Agent: Title: Page4of4