HomeMy WebLinkAboutRosen, Ina; 2024-01-26;SETTLEMENT AGREEMENT AND RELEASE AGREEMENT
Ina Rosen 11. City of Carlsbad
San Diego Superi or Court, North County Division
Case No.37-2022-00019569-CU-PO-NC
This Settlement Agreement and Release Agreement ("Agreement") is entered into by
Plai ntiff fna Rosen ("Plaintiff") and Defendant the City of Carlsbad ("City"). Plaintiff and the City
are col lectively refened to as "the Parties."
1.0 Recitals
1.1 On or about June 2 1, 2022, Plaintiff filed her Complaint against the City of
Carlsbad and Does l through 20, inclusive, in the matter of Ina Rosen v. City of
Carlsbad, el al., San Diego Superior Cou11, North County Division, Case Number
37-2022-00019569-CU-PO-NC ("Litigation"). In the Litigation, Plaintiff atleges
that, on or about December 8, 2021, she tripped and fell on an uneven section of
sidewalk, sustaining injuries ("the Incident.")
I .2 The Parties now desire to settle and resolve all aspects of the issue giving rise to
the Litigation between Plaintiff and the City. The Parties acla1owledge and agree
that this Agreement was bargained for and is the result of arms-lengths negotiations
between the Parties and their respective counsel of record. These negotiations
consisted of a remote Zoom mediation with mediator Ret. Judge Steve Den ton, with
the substance of this agreement reached during the mediation on December 15,
2023. A Stipulation for Settlement, enclosed herein and incorporated by reference,
was drafted by Denton and signed by the Parties. 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.
2.0 Settlement Terms
2.1 In full and final settlement of the issues giving rise to the Litigation, and with
respect to any and all damages to Plaintiff arising out of the December 8, 2021,
incident, City agrees to pay Plaintiff $250,000 (two hundred and fifty thousand
dollars), (hereinafter "Settlement Funds") in exchange for Plaintiff filing a
dismissal with prejudice in ful I and final settlement of all claims asserted, or that
could have been asserted, known or unknown, suspected or unsuspected, against
the City.
2.2 Tn consideration of the payments and obligations described herein, Plaintiff on her
behalf, and all other persons or entities who may make any claim on her behalf or
who may take any interest in the matter herein, do release and forever discharge the
City, its agents, employees, heirs, assigns, representatives, predecessors,
SEli'LEMENT AGREEMENT AND RELEASE AGREEMENT
'LJ., Ina Rosen v. City of Corlshad
Date: f rtiffs Initial:~
successors, partners, joint venture partners, parent companies, subsidiary
companies, affiliates, divisions, directors, officers, members, shareholders,
attorneys, and insurance carriers, from any and all claims, demands, rights, and
causes of action that have arisen or hereafter mayarise out of the December 8, 2021, incident giving rise to this 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.
2.3 Plaintiff agrees to dismiss her Complaint in this Litigation against the City with prejudice within seven (7) days after receipt of the Settlement Funds. The City will issue payment of the settlement funds only after it receives a final lien letter from
Medicare/ the California Department of Health Care Services ("DHCS"). Plaintiff further understands and agrees that the sums paid to lienholders or holders ofrights of recovery will be deducted from the gross settlement proceeds payable to the unders i gned.
2.4 Each party shall bear their own costs and attorney's fees. The parties hereby waive any and all rights under Code of Civil Procedure, Section 1032(6) to claim such costs and fees as the prevailing party in said action.
2.5 Plaintiff acknowledges and agrees that she is solely responsible for resolving any and all outstanding liens, including but not limited to attorney liens, disability liens,
worker's compensation liens, medical liens and bills, and any and all claims,
demands, actions and/or causes of action brought by Medicare, DHCS, and any
other service provider, collection agency, entity company or individual serving as
an agent or representative for Medicare for repayment or reimbursement of medical bills, satisfaction of a lien or liens or fulfillment of any other obligation by the Plaintiff. The City shall have no obligation to satisfy or pay said liens or bi 11s in whole or in part. Plaintiff agrees to defend, indemnify and hold harmJess the City
and its agents, directors, officers, associations members, insurers, employees and attorneys with regard to any and all claims which may be asserted against the City for liens or expenses, including but not limited to those identified above, incurrecl by or on behalf of Plaintiff re!ated to the injuries and damages she all eges to have suffered as claimed or alleged in the Litigation, or for any legal expenses asserted with regard to the Settlement.
2.6 Plaintiff warrants and represents that no portion of any claim, right, demand, entitlement, action, or cause of action that she has or might have, arising out of the subject incident, nor any portion of any recovery or settlement to which she might
be entitled has been assigned or transferred to any person or corporation in any manner, including, but not limited to, contract or operation of law or otherwise.
2
SETTLEMENT AGREEMENT AND RELEASE AGREEMENT
bw Rose11 v. City of Cal'lsbad
Da�{laintiff's Initial�
2. 7 The Parties agree that the payment of the Settlement Funds and entry of d ismissal
of this case with prejudice shall effectively dismiss the City and dispose of the case against the City in its entirety.
3.0 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 does not know or suspect to exist in her or her favor at the time of executing the release, which if Imown by her or her must have materially affected her or her settlement
with the debtor.11
Plaintiff intends to release and discharge all claims, demands, 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.
4.0 Enforceability
4.1 The Parties acknowledge and agree that the San Diego Superior Comt judge. assigned to this litigation, Honorable Robert P. Dahlquist, or his successor, retains jurisdiction over this Agreement. Further, this document is a binding and enforceable agreement under Code of Civil Procedure Section 664.6. Any provisions of California Evidence Code section 1119 notwithst�nding, this Agreement may be enforced by any Settling Party hereto by a motion under
California Code of Civil Procedme section 664.6 or by any other procedure
permitted by law in any court hav.ingjurisdiction over the Action.
5.0 No Admission of Liability
5.1 The Parties acknowledge and agree that this Agreement is in settlement of a disputed claim, and 110 party admits liability or tbe sufficiency of any claim, cause
of action, or al legation. 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 fed_eral and
California laws. 3 SETTLEMENT AGREEMENT AND RELEASE AGREEMENT Ina Rosen v. City of Cal'lsbarl
Dat-H, �laintfff s Initia�-2._
6.4 The Parties acknowledge and agree that all Parties participated in the drafting of
this Agreement and waive any rnle of contract interpretation which requires or
permits ambiguities in thc language or meaning of this Agreement to be construed
against the drafting party.
6.5 lf any portion of this Agreement is deemed void, unenforceable, or contrary to
public policy or any law, the remainder ofthis Agreement shall remain in fult force
and effect.
6.6 This Agreement may be executed in counterparts which shall be considered
together as one Agreement. A fax signatme, photocopied signature, or electronic
signature shall be deemed the same as an original signature.
6. 7 Each unders i gned acknowledges and agrees they are authorized to en ter into this
Agreement.
Dated: ~-~:{ , 202:f'
By:
Michael adilla, Esq.
Attorney for Plaintiff Ina Rosen
Dean Gazzo Roistacher LLP
By~
Mrtc ellD. Dean
Enclosure:
Stipulation for Settlement
Kimberly R. Ophaso
Attorneys for Defendant
City of Carlsbad
4
SETTLEMENT AGREEMENT AND RELEASE AGREEMENT
Illa Rose11 11. City of Carlsbrul
Date:# ;1aintiff s lnitia~<::::'.
JUDICATI �i �rru:.\t D�p.tt Atso.\W.,
llr,ult1 Btyo11J Dllp111,-
12/15/2023
Stipulation for Settlement
Santa Ana Office
1851 E. First Street Suite 1600Santa Ana, CA 92705 Phone: (714) 834-1340 Fax: (714) 834-1344
www.Judicatewest.com
Ina Rosen vs. City of Carlsbad Judicate West Case No A306014 IT IS HEREBY STIPULATED by and between the parties through the respeclive counsel or representative of each !hat the above-referenced case has been settled according to the terms memorialized herein below. This settlement document is intended by the parties to be binding and enforceable in court -in state court by motion pursuant to C.C.P § 664.6 and Evidence Code§ 1123, or in federal court by motion pursuant to the inherent power of the court toenforce settlement agreements and in accordance with applicable federal rules of procedure and evidence. To the extentthe parties and/or their counsel are signing this Stipulation through electronic means, they hereby intend to be bound byeach of their electronic slgnatures to this Stipulation pursuant to the Uniform Electronic Transactions Aet (Civ. Code §1633.1 et seq.) or the Electronlc Signatures in Global and National Commerce Aet (15 U.S.C. 96 et seq.).Subject to the approval of City Council, the defendant City of Carlsbad agrees to pay and the Plaintiff INA ROSEN agrees to accept in total and complete satisfaction of any and all claims made or thai could be made in connection with !hose facts as alleged In the pending San Diego Superior Court case number 37-2022-00019569 the total sum of $250,000.00. The parties agree !hat counsel for defendant shall draft a General Release and Settlement Agreement thai shall contain the standard terms and conditions for the settlement of a contested liability dangerous conditlon claim against governmenlal entity. Thai agreement shall provide thai each party shall bear their own attorney fees and costs and thai from the settlement amount thai plaintiff shall be responsible for the payment of any liens of any kind including but not limited to medical, legal, and MedlCare. The agreement shali provide for a full general release of all claims and contaln a waiver pursuant to CC 1542 of claims both known and unknown. The parties agree thai they shall forthwilh cease further litigation and dlscovery in thls matter so thai no further costs or incurred by elther side and agree thai they shall nolify the court of a pen ding settlement so !hat compliance shall not be requlred of the currently set dales of expert dlscovery or disclosure. Upon notificatlon of approval by the City Council Plaintiff shall provide a full dismlssal with prejudice of the action whlch may be filed with the Court only upon payment of the settlement funds.
In arder to facilitate the above specified terms of settlement, the parties further agree thai on or before the 12th day of January, 2024 they will execute or exchange the foliowing: l&l Settlement / Release Agreement 181 Request for Dismissal Prepared by ______ plaintiff xxxxx Prepared by xxxxxx plaintiff q defendant defendant -------D Other City Council Approval Will Be Sought on January $, 2024.
The terms, conditions and content af lhis stipulation are the produel af the counsel and not the mediator, the parties
acknowledge that the medfator serves only as scrlbe not orfginator. All relevant parties must sign below. Copies are acceptable In lieu of originals and this stipulation may be executed In counlerparts .
......,._l;;-�Ro.es�.,......___---"---'-P--'--4-t-�-"-�=---/.;1.--r-/:/4_3
Date Signed:
Approved as to form
Pg 1 of 2 CENTURY CITY I DOWNTOWN LOS ANGELES I OAKLAND I SACRAMENTO I SAN DIEGO I SANTA ANA
Date Signed:
Pg 2of 2
12/15/2023
Stipulation for Settlement
Ina Rosen vs. City of Carlsbad
Øl),
Mitchell D. Dean, Esq. !<i1t1fttly ~-Of~•5', Es<j,'
Attorney for Defendant
Date Slgned: / J /1 S/ :c_ ?
CENTURY CITY I DOWNTOWN LOS ANGELES I OAKLAND I SACRAMENTO I SAN DIEGO I SANTA AN~