prejudice of the ACTION with respect to Stephen Tanabe with the Court within 5 days of receiving delivery of the check.

Transcription

1 FULL AND FINAL RELEASE AND SETTLEMENT AGREEMENT This ("Agreement") is entered into as of the date it is fully executed by the parties hereto, as defined below, and is made by and between Plaintiff Hasan Arda Aksu, the County of Contra Costa and Defendant Stephen Tanabe, hereafter referred to collectively, at times, as the "PAR TIES," in the case Hasan Arda Aksu v. County ofcontra Costa et al., Northern District of California Case No. C CRB, hereafter referred to as the "ACTION." Plaintiff filed the ACTION defined above and asserted claims against the County of Contra Costa and Stephen Tanabe for damages arising out ofhis January 9, 2011 arrest by Stephen Tanabe, and afterwards. Plaintiff subsequently dismissed his claims against the County of Contra Costa with prejudice. The PAR TIES now wish to terminate the ACTION with respect to Stephen Tanabe in its entirety by settlement and release of all claims. Therefore, for good and valuable consideration, the PARTIES hereby agree as follows: 1. Hasan Arda Aksu ("PLAINTIFF"), in consideration for payment of the sum of Two Hundred and Sixty Thousand Dollars and Zero Cents ($260,000.00), (a) authorizes his counsel to dismiss the ACTION with prejudice, each side to bear its own costs and attorneys fees; and (b) on behalf of him, his heirs, executors, administrators, and assigns, hereby fully and generally releases and fully discharges Stephen Tanabe and County of Contra Costa, including but not limited to its Board of Supervisors, departments, officials, officers, agents, attorneys, insurers, and employees, and any other person or persons for whose actions or omissions the County of Contra Costa may be legally responsible, (collectively "RELEASED PARTIES"), from any and every claim, demand, right or cause of action of whatsoever kind or nature, past, present or future, and damages by reason of alleged acts or omissions arising out of, or relating to: (I) PLAINTIFF'S arrest on January 9, 2011; and Hasan Arda Aksu v. County of Contra Costa et at., Northern District of California Case No. C CRB Page I of 6

2 (ii) any event referenced in the allegations that were raised or could have been raised in the complaint or first amended complaint in the ACTION herein, and afterwards. All such claims are finally and forever fully compromised, settled and released. 2. The undersigned PLAINTIFF recognizes and agrees that it is possible that other injuries or damages not now known may develop or be discovered, or other consequences may be discovered, and this Agreement is expressly intended to cover and include,. and does cover and include, all such future injuries or damages or future consequences or results of known or unknown injuries or emotional distress, including all rights of action therefor. The undersigned PLAINTIFF recognizes and agrees that the provisions of Section 1542 ofthe California Civil Code are expressly waived, and the PLAINTIFF understands that said section provides: 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. 3. The undersigned PLAINTIFF agrees that this Agreement is executed to resolve a disputed claim and does not constitute an admission of fault in any subsequent proceeding. By entering into this Agreement, it is understood that the RELEASED PARTIES do not admit and, to the contrary, expressly deny that they have breached any duty, obligation or agreement, or engaged in any tortious or wrongful activity, or that they are liable to the PLAINTIFF or any other person or party in any way, or that any injuries, damages or harms of any kind have been sustained by the PLAINTIFF. 4. The undersigned PLAINTIFF warrants that he has made no assignment, transfer, conveyance or other disposition of any of the released claims set forth in the Agreement, and that he is fully entitled to give a full and complete release of all such released claims herein. The PLAINTIFF agrees that he will be responsible for his attorneys' fees, costs, and any other expense of suit, and any and all liens against the Hasan Arda Aksu v. County of Contra Costa et al., Northern District of California Case No. C CRB Page 2 of 6

3 settlement proceeds paid in satisfaction of the claim, including, but not limited to, all bills and liens for medical treatment from any medical provider or any other source whatsoever. 5. The undersigned PLAINTIFF agrees that he will indemnify and defend and hold harmless the RELEASED PARTIES, and each of them, from each and every claim, demand, right or cause of action of any kind or character provided for in this Agreement which any releasing party or any lienholder may ever assert against the said RELEASED PARTIES, or any ofthem, by reason of alleged acts or omissions ofthe RELEASED PARTIES, as is set forth in the allegations that were raised or could have been raised in the complaint in the ACTION herein, and afterwards. 6. The PARTIES agree to execute and deliver such additional documents and instruments and to perform such additional acts as any party may reasonably request or as may be reasonably necessary or appropriate to effectuate, consummate, or perform any of the terms, provisions, or conditions of this Agreement. 7. This Agreement will be admissible in evidence in any civil action or proceeding to enforce the terms of the Agreement. The PARTIES, and each of them, stipulate to a limited exception of the settlement conference confidentiality provisions for the purposes of enforcing this Agreement and specifically stipulate that it is the intent of the PAR TIES that this writing shall be fully enforceable in court as it memorializes the material terms of this Agreement. 8. This Agreement shall be construed, enforced and administered in accordance with California state law. The PARTIES are each represented by counsel and have been so represented throughout all negotiations and the drafting of this Agreement. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party shall not be applied to the interpretation of this Agreement. The PAR TIES warrant that they have read this Agreement, have had the opportunity to consult with their respective counsel about the contents of this Agreement, and that by their signatures below, they agree to be bound by its terms. Hasan Arda Aksu v. County of Contra Costa et al., Northern District of California Case No. C CRB Page 3 of 6

4 9. PLAINTIFF understands and agrees that any and all tax liability, penalties, and interest, if any, which may become due from him or assessed against him because of the payment of this settlement is his sole responsibility, and he will pay any taxes, penalties, and interest which may become due. PLAINTIFF shall indemnify and hold harmless Contra Costa County and Stephen Tanabe from any tax, tax penalty, interest, attorneys' fees or other costs related to the failure by PLAINTIFF to pay any tax liability assessed against him because of the payments of this settlement. PLAINTIFF agrees to cooperate with Contra Costa County and Stephen Tanabe in the event of any audit or inquiry from any taxing agency. Notwithstanding this, the PARTIES, and each ofthem, stipulate that the RELEASED PARTIES are making no representation or warranty of the taxability of any of the net proceeds of this settlement, and PLAINTIFF will seek his own tax advice. Legal counsel for the PAR TIES are not tax experts and make no representation about the taxability of the net proceeds. 10. No additional promises or representations not contained in this Agreement have been made by any of the PARTIES, or any agent or employee of any of the PARTIES, other than what is contained in this Agreement. This Agreement constitutes the full agreement of the PAR TIES and supersedes any and all other prior agreements and all negotiations leading up to the execution of this Agreement, whether oral or in writing, between the PAR TIES with respect to settlement. 11. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. This Agreement may not be modified or amended except in writing approved by both sides. 12. The County shall deliver a check for $260, made payable to "Gearinger Law Group in trust for Hasan Arda Aksu" to the office of PLAINTIFF's counsel within 30 days of approval by the Contra Costa County Board of Supervisors, a W-9 form completed by PLAINTIFF'S counsel, and the receipt by counsel for the County of the full and final executed Agreement. Delivery shall be by first class mail, or other method agreed to by both counsel. PLAINTIFF's counsel shall file a dismissal with Hasan Arda Aksu v. County of Contra Costa eta!., Northern District of California Case No. C CRB Page 4 of 6

5 prejudice of the ACTION with respect to Stephen Tanabe with the Court within 5 days of receiving delivery of the check. Agreement. WHEREFORE, the undersigned acknowledge and agree to the terms of the Plaintiff By: STEPHEN TANABE Defendant By: SCOTT C. SELBY Assistant Risk Manager County of Contra Costa Hasan Arda Aksu v. Counzv ofcontra Costa eta!.. Northern District of California Case No. C CRB Page 5 of 6

6 prejudi..:~' l)frh~.<\ction \\ith respect to Stt:rlh:n Tanab~ \\ ith the Cou11 within 5 days of recci, ing. d~!lin~ry t1f th~ \:heck. \\ l J J. REFOH.E the umkrsigncd :.. H. know kdgc ami agrl'l' to the terms of the Dali:J: I.,/ I,, -..., ' '7\()-;--.. : r ~u /. ~ ' --- -r--- r -~ Dated: Dated: _j Q fnoa(r:::: t-0..:./ STEP!. IF\ TANAIH: Deii:ndam By~~~, - scurr c.. SELL! Assismnt Risk :vlanagcr County of Contra Costa Full and Final R elcas~ and s.~ttl::m ~ nt -\!:!reemcm 1/a.>c/11. lrd<1 lamt 1'. ( 'uuw1 r!(< rmlm ( '" ''".tt u!.. '\iurtb rn Di,tril:l of' C<Jlit'< mi; \ Ca!lt: :\n, C 1 }-(1.~268 CRH Page 5 of 6 '15/9/28 1:10PM

7 prejudice orthe ACTION with respect to Stephen Tanabe with the Court within 5 clays of l'ecciving delivery of the check. Agreement. Wl!LREFORE. the undersigned acknowledge and agree to the terms of the Dated: By: SCOTT C. SELBY Assistant Risk Manager County of Contra Costa Full a11d Final Release and Settkment Agreement 1/aswt.lrda.lks11 \'. County I?(Comra ( 'ostal!t a!.. Nnrthem District oitalirornin (';!se No. C t CRB Page 5 of 6

8 APPROVED AS TO FORM BY COUNSEL Dated: ~rot. (A<& 1 ~ D I~ I Brian Gealinger, Attorney for Plaintitf Hasan Arda Aksu By: Keith Schi1mer Attorney for Defendant Stephen Tanabe SHARON L. ANDERSON COUNTY COUNSEL By: D. Cameron Baker Deputy County Counsel Attorneys for COUNTY OF CONTRA COSTA I :ITOKIICASES\ \l"UH R ESP\Senlement Agreement IJ-:C.~-15. wpd Hasan Arda Aksu v. County qlcontra Costae/ a/.. Northern District of California Case No. C CRB Page 6 of 6

9 APPROVED AS TO FORM BY COUNSEL Dated: ~pl. ~'(, 1 ;, 0 f.( Dated: /0 J jf l l?l /~ 1~-,.-- Dated:~:::> Keith Schirmer Attorney for Defendant Stephen Tanabe ameron Baker Deputy County Counsel Attomeys for COUNTY OF CONTRA COSTA 1:\TOR'IiCASES\ \CURRESP\Scnlement Agreement wpd Full and Final Release and Settlement Agreemenl Hasan Arda Aksuv. County q(contra Costa et (1/.. Northern District ofcalifornin Cnsc No. C CRB Page 6 of 6