HomeMy WebLinkAboutCoastal Environmental Rights Foundation - Settlement Agreement and General Release of All Claims - 2026 SETTLEMENT AGREEMENT AND GENERAL RELEASE OF ALL CLAIMS
This Settlement Agreement and General Release of All Claims("Agreement") is made and
entered into as of the date executed by all parties, by and between Plaintiff COASTAL
ENVIRONMENTAL RIGHTS FOUNDATION ("Plaintiff") and Defendant CITY OF
NATIONAL CITY ("Defendant"). Hereinafter, Plaintiff and Defendant will be collectively
referred to as"Parties,"or individually as a"Party."
RECITALS
On October 22,2025, Plaintiff filed a Complaint alleging Defendant failed to comply with
the California Public Records Act (Gov. Code § 7920.000 et seq.) ("CPRA"). In particular,
Plaintiff alleges Defendant failed to respond to that CPRA Request identified by Defendant as
Request No. 25-639. ("Incident") The Complaint was filed in the Superior Court of the State of
California, County of San Diego and assigned the case number 25CU057225C ("Action')
The Parties now wish to fully settle and resolve the Action and any and all disputed claims
that may arise out of the Incident.
The Parties agree that this Agreement and the payment of the sums and other consideration
detailed herein, are not admission of liability or fault by any party but are in compromise of
disputed claims.
AGREEMENT
1.0 Release and Discharge
1.1 In consideration for the payments and other consideration detailed in section 2.0
(below),each Party, and their assignees, fully and forever release and discharge every other Party
from any and all actions,causes of action,claims,demands, damages, liabilities, costs, attorney's
fees, expenses, compensation and worker's compensation benefits by reason of any damages,
general or special, or injury or injuries sustained on account of or any way arising out of the
Incident described and set forth in the operative Complaint in the above-described lawsuit.
1.2 This Agreement is intended as a full and complete release and discharge of all
claims that the Parties may have by reason of the Incident set forth in the operative Complaint in
the Action. In consideration for the payment and other consideration detailed below, the Parties
do hereby release and discharge each and every other Party, including each such Party's assignees,
agents, servants, successors,worker's compensation carriers, lien holders, insurers,attorneys, and
all others claiming through them from any and all liability of any nature related to the above-
described Incident,specifically including,but not limited to,all costs and expenses each such Party
may have incurred, including, but not limited to,attorney's fees. This Agreement shall be a fully
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Settlement Agreement and General Release of All Claims
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binding and complete agreement among the Parties, and their respective heirs, assigns and
successors.
1.3 Each Party also hereby releases and discharges each other from all consequences,
effects and results of the Incident set forth in the Complaint and the resulting damages. Further,
all rights under Section 1542 of the Civil Code of the State of California with respect to the Incident
are hereby expressly waived. The Parties understand that Section 1542 of the Civil Code 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 HIM OR HER, WOULD HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR OR RELEASED PARTY.
1.4 This Agreement is the result of arms-length negotiations. All Parties represent and
warrant to the others that the persons executing this Agreement on behalf of such Party are duly
and fully authorized to do so, that each Party, where applicable, is acting pursuant to the power
and authority granted by its respective principals and that no further approvals are required to be
obtained from any person or entities.
1.5 The Parties further declare and represent that no promise,inducement,or agreement
not herein expressed has been made and that this Agreement contains the entire agreement between
the Parties and that the terms of this Agreement are contractual and not mere recital.
1.6 "Effective Date" shall mean the date upon which this Agreement is fully executed.
2.0 Consideration
2.1 Within 30 days of the Effective Date, Defendant shall update its Administrative
Policies related to the processing of and response to CPRA requests, including but not limited to
Administrative Policy Number 2.06 and 2.05. Defendant shall transmit a copy of the updated
Administrative Policies to Plaintiff via email upon their completion. Defendant shall ensure all
appropriate staff receive training thereon in order to effectively implement the updated
Administrative Policies as soon as possible.
2.2 Defendant shall remit payment of THIRTEEN THOUSAND AND FIVE
HUNDRED DOLLARS ($13,500)("Settlement Payment") to Plaintiff. Within seven(7)days of
the Effective Date, Plaintiff shall send Defendant's Counsel (Devaney Pate Morris & Cameron,
LLP) an executed Request for Dismissal with prejudice, to hold in trust for filing after the
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Settlement Payment has been issued and cleared. Assuming receipt of the executed Request for
Dismissal, Defendant shall deliver the Settlement Payment to Plaintiff's attorneys (Coast Law
Group Client Trust Account) within thirty(30)days of the Effective Date.
2.3 Plaintiff shall file and serve the Request for Dismissal with prejudice within seven
(7) days after (i) the Settlement Payment has cleared, and (ii) Defendant transmits the updated
Administrative Policies to Plaintiff,whichever is later.
3.0 Attorney's Fees
Except as stated in Section 2.0 of this Agreement,each Party hereto shall bear all attorney's
fees and costs arising from the actions of its own counsel in connection with the Agreement, the
matters and documents referred to herein, and all related matters.
4.0 Representation of Comprehension of Document
In entering into this Agreement, Plaintiff represents that it has relied upon the advice of its
attorneys, who are the attorneys of its choice; that the terms of this Agreement have been
completely read and explained by its attorneys; and that the terms of this Agreement are fully
understood and voluntarily accepted by Plaintiff.
5.0 Warranty of Capacity to Execute Agreement
Plaintiff represents and warrants that no other person or entity has,or has had,any interest
in the liens, claims, demands, obligations, or causes of action referred to in this Agreement; that
Plaintiff has the sole right and exclusive authority to execute this Agreement and receive the sums
specified in it;and that Plaintiff has not sold,assigned,transferred,conveyed or otherwise disposed
of any of the liens,claims,demands,obligations or causes of action referred to in this Agreement.
6.0 Governing Law
This Agreement shall be construed and interpreted in accordance with the laws of the State
of California.
7.0 Additional Documents
All Parties agree to cooperate fully and execute any and all supplementary documents and
to take all additional actions which may be necessary or appropriate to give full force and effect to
the basic terms and intent of this Agreement.
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8.0 Entire Agreement and Successors in Interest
This Agreement contains the entire agreement between the Parties with regard to the
matters set forth in the operative Complaint and shall be binding upon and inure to the benefits of
the executors,administrators,personal representatives,heirs,successors and assigns of each Party.
9.0 Effectiveness
This Agreement shall become effective immediately following execution by each of the
Parties.
10.0. Dismissals/Signatures
This Agreement may be signed in counterparts,which when taken together,shall constitute
one and the same instrument. An electronic signature has the full force and effect as an original.
Upon execution, the Parties to this Agreement hereby direct their attorneys of record to dismiss
this action in its entirety,with prejudice,consistent with the foregoing provisions.
11.0 Interpretation
This Agreement is to be interpreted without regard to the draftsman. The terms and intent
of this Agreement, with respect to the rights and obligations of all parties identified in this
document,shall be interpreted and construed on the express assumption that all parties participated
equally in its drafting.
THE UNDERSIGNED HAS READ THE ABOVE AND FULLY UNDERSTANDS IT TO
BE A FULL AND FINAL RELEASE OF ALL CLAIMS.
Plaintiff: COASTAL ENVIRONMENTAL RIGHTS FOUNDATION
Signed: ( 1c.�
By: Sara nchna , Programs Director
Date: 2/3/2026
Defendant: C OF NATIONAL CITY
Signed`
By: gV2JA1,10% M•90AANSOV1), AG't100 G1'y MAl�t�G�GP�
Date: O Z -04-`—(7—Cf,
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4911-7643-9174,v. 1
APPROVED AS TO FORM
Attorney for Plaintiff: Livia B. Beaudin
Signed: Y 6. /SL
By: Livia B. Beaudin
Date: 2/3/2026
Attorney for Defendant: Christina M. Cameron,Esq.
Signed:
By:
Date:
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Coastal Environmental Rights Foundation v.City of National City et al.
Settlement Agreement and General Release of All Claims
4911-7643-9174,v. 1