HomeMy WebLinkAboutVellandi, Ria; 2025-07-18;SETTLEMENT AND RELEASE AGREEMENT
Ria Vellandi v. City of Carlsbad
San Diego Superior Court Case No. 37-2022-00020098-CU-PO-NC
This-Settlement and Release Agreement ("Agreement") is entered into by plaintiff Ria
Vellandi ("Plaintiff') and defendant City of Carlsbad ("Defendant"). Plaintiff and Defendant are
collectively referred to as "the Parties."
1.0 Recitals
. 1.0 On June 06, 2022, Plaintiff filed her Complaint against defendant City of Carlsbad
in the matter of Ria Vellandi v. City of Carlsbad, et al., San Diego Superior Court
Case No. 37-2022-00020098-CU-PO-NC.
1.1 The Parties now desire to settle and resolve all aspects of the incident giving rise to
the Litigation between Plaintiff and Defendant. The Parties acknowledge and agree
that this Agreement was bargained for and is the result of arm's length negotiations
between the Parties and their respective counsel of record. The settling Plaintiff
acknowledges that she had her own attorney, independently to advise her
throughout these negotiations. Plaintiff represents that· she understands the
meaning and effect of this Agreement, that she is fully competent to enter into it,
and that she is doing so knowingly and voluntarily without coercion or duress.
1.2 The Parties agree that San Diego Superior Court shall retain jurisdiction to enforce
the terms of this Agreement.
2.0 Settlement Terms
2.1 In full and final settlement of the incident giving rise to the Litigation, as alleged in
the Complaint, and with respect to any and all damages to Plaintiff (in whatever
representative capacity) arising from the incident giving rise to the Litigation, as
against Defendant, Defendant agrees to pay Plaintiff a total settlement amount of
One Hundred. Thousand Dollars ($100,000.00) ("Settlement Proceeds") in
exchange for a dismissal with prejudice of the Litigation in its entirety.
2.2 In consideration of the payments and obligations described herein, Plaintiff on her
own behalf, and all other persons or entities who may make any claim on her behalf
or who may take any interest in the matter her~in, do release and forever discharge
Defendant, its agents, employees, heirs, assigns, spouses, children, representatives,
predecessors, successors, partners, joint venture partners, parent companies,
subsidiary companiesi. affiliates, divisions, directors, officers, • members,
shareholders, attorneys, and insurance carriers, from any and all claims, demands,
rights, including all appellate rights, and causes of action that have arisen or
hereafter may arise out of the incident giving rise to the Litigation. The Parties
intend that with respect to the matters released herein, this is the broadest release
allowable under California law, and is intended to include all damages that could
be envisioned to arise from the allegations of the Litigation.
Page 1 of 4
3.0
SETTLEMENT AND RELEASE AGREEMENT
Ria Vellandi v. City of Carlsb(l,d
San Diego Superior Court Case No. 37-2022-00020098-CU-PO-NC
,-,
2.3 Plaintiff agrees to dismiss her Operative Complaint in this Litigation against
Defendant with pi:ejudice by filing a Request for Dismissal with prejudice with the ,
Superior Court of California, County of San Diego, which retains jurisdiction
pursuant to section 1.2 of this Agreemdnt. ·
2.4 Each party shall bear their own costs and attorney's fees.
2.5 Plaintiff agrees to resolve all legally valid liens asserted against her by any person
or entity arising from the incident giving rise to the Litigation, including Medicare
liens, Medicaid and/or Medi-Cal liens, and any and all liens related"to any past,
present or future medical care that arose from the incident giving rise to the
Litigation. Plaintiff agrees to indemnify, hold harmless and defend the Defendants
and their agents and employees, and all other persons, firms, and corporations
should any person, entity or agency determine that its rights have ·not been fully
protected. Before Defendant issues any check for the Settlement Proceeds, Plaintiff
will provide Defendant with the amount of any and all Medicare, Medicaid, and/or
Medi-Cal liens and tenns for the payment of those liens, and may request that
Defendant write a separate check to pay for such lien (s).
2.6 The Parties agree that the payment of the Settlement Proceeds, Request for
Dismissal with prejudice as to the Defendant, and the entry of the Request for
Dismissal with prejudice shall effectively dismiss the Defendant and dispose of the
case against the Defendant in its entirety.
2.7 The Settle1;11ent Proceeds will be made payable in the form of a draft or check
payable to Ria Vellandi and KJ Injury and Accident Lawyers, P.C.
J Waiver of Civil Code Section 1542
3.1 Plaintiff waives all rights given by Civil Code section 1542, which is quoted below:
"A general release does not extend to claims which 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 him or her
must have materially affected his or her settlement with the debtor•
or released party."
Plaintiff intends to release and discharge all claims, demands, rights, including all
appellate rights, and causes of action of any nature even though some of such
damages may· not have shown themselves at the time of acceptance of this
Agreement.
Page 2 of 4
SETTLEMENT AND RELEASE AGREEMENT
Ria Vellandi v. City of Carlsbad
San Diego Superior Court Case No. 37-2022-00020098-CU-PO-NC l ,
4.0 Enforceability
4.1 The Parties acknowledge and agree that the San Diego Superior Court, and in
particular the Judge assigned to this litigation, retains jurisdiction over this
Agreement.
5.0 No Admission of Liability
5.1 The Parties acknowledge and agree that this Agreement is in settlement of a
disputed claim, and no party admits liability or the sufficiency of any claim, cause
of action, or allegation. This Agreement does not constitute an admission by any
party.
6.0 General Provisions
6.1 This Agreement constitutes the entire understanding of the parties and supersedes
all prior agreements.
6.2 This Agreement may not be modified without the written consent of each of the
Parties.
6.3 This Agreement shall be governed in all respects under all applicable federal and
California laws.
6.4 The Parties acknowledge and agree that the Parties participated in the drafting of
this Agreement, and waive any rule of contract interpretation which requires or
permits ambiguities in the language or meaning of this Agreement to be construed
against the drafting party.
6.5 If any portion of this Agreement is deemed void, unenforceable, or contrary to
public policy or any law, the remainder of this Agreement shall remain in full
force and effect.
6.6 This Agreement may be executed in counterparts which shall be considered
together as one Agreement. A fax, photocopy, or email signature shall be deemed
the same as an original signature.
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SETTLEMENT AND RELEASE AGREEMENT
Ria Vellandi v. City ofCa1'lsbad
San Diego Superior Court Case No. 37-2022-00020098-CU-PO-NC
6. 7 Each undersigned acknowledges and agrees they are authorized to enter into this
Agreement.
~4----1n, V 1,,,. Dated: Jtme: _!__::_, 2025 • '4 O<. ~ e<rn c I
Ria Vellandi
APPROVED AS TO FORM
. KJ Injury and Accident Lawyers, PC
2025
-J:Jai1clp
Gary Loftis, Esq.
Attorneys for Plaintiff Ria Vellandi
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