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HomeMy WebLinkAboutCannizzaro, Joseph; 2025-07-24;Oocusign Envelope ID: 00AASC00-301A-437C-B793-BF161AEAE2BB 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 Joseph Cannizzaro (hereinafter "Plaintiff'') and defendant City of Carlsbad (hereinafter "City" or "Defendant"). All of the above-referenced individuals and/or entities may also be collectively referenced as the "Parties." GENERAL UNDERSTANDING OF THE PARTIES 1. Plaintiff has asserted claims and causes of action against the City and Officer Eric Lin, in relation to an arrest and use of force on October 29, 2023, in the lawsuit entitled Joseph Cannizzaro v. City of Carlsbad, et al., United States District Court for the Southern District of California case no. 3 :25-cv-00468-TWR-MSB (hereinafter the "Lawsuit"). 2. The Parties have reached a final resolution and settlement of any and all actual and/or potential claims and causes of action arising from , alleged in, or related to the Lawsuit and/or the facts, circumstances, acts, and/or omissions from which the Lawsuit arises, as relates to Plaintiff. 3. With respect to the resolution and settlement outlined herein, the Parties agree that it is entered into for the purposes of Plaintiff resolving and releasing all of his claims and causes of action asserted, and all those that could have been, or may be, asserted against the City and/or its former, current, or future elected officials, city council members, officers, employees, agents, and/or contractors, including, but not limited to, Officer Eric Lin, and thereby dismissing the entire Lawsuit, with prejudice. RELEASE AND RELATED TERMS 1. PAYMENT AND DISMISSAL Plaintiff agrees to dismiss the entire Lawsuit, with prejudice, and to settle and release any and all known, unknown, anticipated, and unanticipated claims, losses, and damages arising out of, in any way connected to, or resulting from the October 29, 2023 , arrest and use of force and/or the allegations of the Lawsuit against the City and/or its former, current, or future elected officials, city council members, officers, employees, agents, and/or contractors, including, but not limited to, Officer Eric Lin, and DOES, in exchange for the total sum of One Hundred Twenty-Five Thousand Dollars ($125,000.00) (the "Settlement Amount"). Each party shall bear their own attorney fees and costs. Plaintiff agrees that any obligation to tender the Settlement Amount is expressly conditioned upon the releases and terms identified herein, as well as Plaintiffs execution of this Agreement. The Parties understand and acknowledge that the City 's duty to tender the Settlement Amount imparts solely an obligation to pay the Settlement Amount, as detailed above. Plaintiff and his counsel expressly agree to be solely responsible for the allocation of settlement funds between Plaintiff and his attorneys, including with respect to any fees or costs. Page 1 of5 Docusign Envelope ID: 00AA5C00-301A-437C-B793-BF161AEAE2BB Plaintiff represents that the Settlement Amount makes him whole for any and all injuries, damages, losses, or other expenses suffered within the meaning of section 104(a) or section 130(c) of the Internal Revenue Code of 1986, as amended, and specifically agrees 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 City is relying on, among other things, this specific provision in entering into this Agreement and in paying the Settlement Amount, and that this Agreement is not contingent upon any particular tax characterization or treatment of the Settlement Amount. Not later than seven (7) days after the receipt of the check, counsel for Plaintiff shall prepare and file a Request for Dismissal of all of Plaintiffs claims in the Lawsuit, with prejudice. 2. MANNER OF PAYMENT Within forty-five ( 45) days of (I) receipt of this Agreement executed by Plaintiff and (2) receipt of a valid 2025 W-9 for each payee of the Settlement Amount, the Settlement Amount shall be tendered for payment. Funding may occur directly by the City or through its insurer(s) and/or risk pool(s). The Settlement Amount shall be paid by check made payable to Gomez Trial Attorneys FBO Joseph Cannizzaro Payment of the Settlement Amount shall exhaust and forever discharge any obligations of the City and/or its former, current, or future elected officials, city council members, officers, employees, agents, and/or contractors, including, but not limited to, Officer Eric Lin, to tender payment to Plaintiff, and/or any of Plaintiffs heirs, successors, guardians, or assigns, for any and all matters addressed by this Agreement and/or Plaintiffs claims in the Lawsuit. With respect to the payment of the Settlement Amount, and as previously referenced, Plaintiff is responsible for the payment of any and all amounts governmental or tax authorities may claim are due, if any, out of the Settlement Amount. Plaintiff acknowledges that the City is relying on, among other things, this specific provision in entering into this Settlement Agreement, and in paying the Settlement Amount, and that this Settlement Agreement is not contingent upon any particular tax characterization or treatment of the Settlement Amount. 3. RELEASE In consideration of the foregoing payment(s), Plaintiff ( on behalf of himself and his heirs, successors, guardians, and assigns) hereby forever, irrevocably, and unconditionally releases and discharges the City and/or its former, current, or future elected officials, city council members, officers, employees, agents, and/or contractors, affiliates, predecessors, administrators, successors, assigns, insurers, reinsurers, risk pools, and all other persons, firms, corporations, attorneys, and representatives, and all persons acting by, through, or in concert with them including, but not limited to, Officer Eric Lin, (all of whom are collectively referred to herein as "Released Parties") from any and all claims, causes of action, complaints, charges, demands, liabilities, losses, costs, liens, or expenses of any kind whatsoever (including attorney fees and costs), known or unknown, suspected or unsuspected, that Plaintiff may now have, has ever had, or may have against the City Page 2 of5 Oocusign Envelope ID: 00AA5C00-301A-437C-B793-BF161AEAE2BB and/or the Released Parties by reason of any act, omission, transaction, or event occurring up to and including the date all Parties execute this Agreement (the "Released Claims"). Plaintiff expressly agrees that all rights he may have under section 1542 of the Civil Code of the State of California are hereby waived, and Plaintiff acknowledges and understands that this Agreement has been executed with the express intent of extinguishing all obligations described herein and as provided in Section 1542 of the Civil Code. Section 1542 provides 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 HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY IDM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." The Released Claims, including, without limitation, any and all attorney fees and costs related thereto, are forever barred by this Agreement and without regard to whether those claims are based on any alleged breach of a duty arising in a statute (whether local, state, or federal), contract (whether express, oral, or implied), or tort; any alleged unlawful act, including, without limitation, any violation of state or federal law, statute, or regulation; any other claim or cause of action of any kind ; and, regardless of the forum or venue in which it might be brought. 4. REPRESENTATIONS AND WARRANTIES In further consideration for the above-mentioned value and consideration provided by the City, and in settlement of the above-referenced claims and disputes, Plaintiff and the City represent and warrant as follows: All Parties represent and warrant that they are ( or their agent or authorized representative is) competent and a legal adult in excess of 18 years of age with the legal capacity to understand and to enter into this Agreement. All Parties represent and warrant that they ( or their agent or authorized representative) have not previously assigned, transferred, granted, or purported to assign, transfer, or grant any of the claims, rights, demands, or causes of action, whether known or unknown, anticipated or unanticipated, disposed of by this Settlement Agreement. All Parties thereby represent and warrant that they maintain complete authority to enter into this agreement and to forever compromise, dismiss, and discharge the claims, rights, demands, and causes of action, whether known or unknown, anticipated or unanticipated, arising out of, in any way connected to, or resulting from Plaintiff's allegations in the Lawsuit. 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 the City or Officer Eric Lin, or an admission, directly or by implication, that the City and/or its former, current, or future elected officials, city council members, officers, Page 3 ofS Docusign Envelope ID: 00AA5C00-301A-437C-B793-BF161AEAE2BB employees, agents, and/or contractors, including, but not limited to , Officer Eric Lin, have violated any law, rule, regulation, policy, or any contractual right or other obli gation owed to Plaintiff. The City specifically denies all all egations of wrongful and/or unlawful acts, omissions, conduct, policies, and/or practices. The City enters into this Agreement solely to avoid litigation. 6. FEE AND COST WAIVER As referenced herein, the Parties to this Agreement agree to bear their own attorney fees and costs for prosecution and/or defense of the Lawsuit and any other expenses for all matters related to or arising from the matter incurred by the respective Parties. 7. SATISFACTION OF LIENS Plaintiff wi ll defend, indemnify, and hold the City and the Released Parties, their attorneys, and their insurer(s), reinsurer(s), and risk pool(s), harmless from any and all past, present, or future claims, demands, or liability for liens of any kind (workers compensation, medical, mental health, or otherwise), Medi-Cal (State of California Benefits), Medicare, or other governmental health coverage providers/insurers' conditional payments and rights to repayment, whether known or unknown. Plaintiff represents and warrants that he is unaware of lien obligations asserted by the tate of California or the Federal Government and expressly acknowledge that this is a material term of this Agreement. Plaintiff also represents and warrants that he has received no care or treatment for the injuries/damages alleged in this Lawsuit for wh ich any sums remain due and owing, and further acknowledges that the City is also relying on this material representation in reaching the settlement outlined in this Agreement. To the extent any governmental healthcare/statutory lien, or private lien of any nature, is asserted against the recovery in this matter, Plaintiff agrees to be solely and exclusively responsible for the discharge of such obligation and wi ll fully satisfy and resolve such matters out of the Settlement Amount, without further contribution or payment of any kind by, or on behalf of, the City or the Released Parties. Additionally, to the extent there are any attorney fee/cost liens or liens associated with any expert- related work commissioned on behalf of, or for the benefit of, Plaintiff for the Lawsuit, Plaintiff further agrees to satisfy and discharge such liens out of the Settlement Amount and agrees to indemnify and hold the City and the Released Parties harmless from any such liens. 8. NO FURTHER CLAIMS Plaintiff expressly agrees that neither he nor his heirs, assigns, executors, administrators, agents, employees, affiliates, managers, owners, guardians, or successors, will continue and/or institute any legal or administrative proceedings against the City or the Released Parties before any court, administrative agency, arbitrator, or any other tribunal whatsoever, by reason of any claim, liability, or cause of action, whether known or unknown, arisi ng out of, or in connection with Plaintiffs claims or al legations made in the Lawsuit, or otherwise being released herein. 9. INTEGRATIO AND INTERPRETATION This Agreement is the result of negotiation between the Parties and is the fully integrated and final expression of the settlement described herein and supersedes any and all previous written Page 4 ofS Docusign Envelope ID: 00AA5C00-301A-437C-B793-BF161AEAE2BB or oral communications. This Agreement may not be altered, changed, or amended without a subsequent written document signed by all of the Parties. This Agreement shall be deemed to have been executed and delivered within the State of California. The rights and obligations of the Parties hereto shall be construed and enforced in accordance with, and governed by , the laws of the State of California, without regard to choice of law rules. Venue for any action arising out of this Agreement shall be in San Diego County, California. 10. SEVERABILITY In the event that any one provision or portion of this Agreement is later determined by a court of competent jurisdiction to be void or voidable, the Parties agree that any such language or provision(s) shall be severable, and that any such provisions so severed shall not affect the validity of the remainder of the Agreement subsequent to such severance. 11. COMPLETE AGREEMENT No party has made any statement, representation, or promise other than as set forth herein. Any representation, warranty, promise, or condition, whether written or oral, not specifically incorporated herein, shall not be binding upon any of the Parties, and Plaintiff acknowledges that in entering into this Agreement they have not relied upon any representations, promises, or conditions not specifically set forth herein. 12. COUNTERPARTS This Agreement may be executed in counterparts, and, when all executed signature pages are taken together, shall constitute a complete Agreement. An electronic signature has the same force and effect as an original signature. I HEREBY CERTIFY THAT I HA VE READ THIS ENTIRE AGREEMENT, KNOW THE CONTENTS THEREOF, FULLY UNDERSTAND THE SAME AND INTEND AND AGREE TO BE LEGALLY BOUND THEREBY, AND IN AGREEMENT WITH THE FOREGOING, I HAVE EXECUTED THIS RELEASE ON THE DATE PLACED NEXT TO MY SIGNATURE, IN THE STATE OF CALIFORNIA BY MY OWN FREE HAND. Dated: 7/22/2025 -------- Dated: ""\ ( '\.~ ( 1... 1 Joseph Cannizzaro Plaintiff APPROVED AS TO FORM Cindie K. McMahon, City Attorney Name: Geoff Patnoe Title: City Manager City of Carlsbad 8£ (~,k..;t{ljlf~ Aaalstant/Deputy Clly Attorney City of Carllbad. Calfomia Page 5 ofS