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HomeMy WebLinkAbout2014 CON Christina Navar - Post Judgement WaiverPOST -JUDGMENT AGREEMENT AND WAIVER Christina Navar v. City of National City, et al. San Diego Superior Court, Case No. 37-2012-00078352-CU-WM-SC 1. PARTIES THIS POST JUDGMENT AGREEMENT AND WAIVER ("Agreement") is made this 2311' day of May, 2014 by the Petitioner, Christina Navar ("Petitioner"), and Respondents, City of National City and Community Development Commission acting as the Public Housing Authority of National City (collectively, the "Respondents"). The Petitioner and the Respondents may be collectively referred to herein as the "Parties." 2. RECITALS 2.1. On September 12, 2012, the Petitioner filed a petition for writ of administrative mandamus in the Superior Court of California, County of San Diego, as Case No. 37-2012- 00078352-CU-WM-SC (the "Litigation") against the Respondents. 2.2 On April 28, 2014, the Court entered a judgment (the "Judgment") denying the Petitioner's writ of mandamus. 2.3 On May 14, 2014, Respondents filed a Memorandum of Costs in the Litigation seeking to recover its costs in this action as the prevailing party. 2.4 Without modifying the Judgment, the Parties now desire to resolve all remaining aspects of the Litigation among themselves but only upon the full and timely performance of the following terms and conditions in the manner prescribed herein. 3. TERMS OF THE AGREEMENT NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, the Parties, intending to be legally bound, agree that after the full execution of this Agreement, unless otherwise noted, Petitioner and Respondents agree as follows: 3.1. Petitioner hereby agrees to waive all rights to appeal, motions to set aside, vacate, or challenge the judgment, if any, and any and all other direct and/or collateral attacks on the Judgment. This Agreement is and shall be a full adjudication and resolution of all claims in the Litigation as of the date of this Agreement; and, except for the covenants expressly provided in this Agreement, this Agreement discharges all claims presented in the Litigation. As to the named Respondent Community Development Commission acting as the Public Housing Authority of National City in this action, the entity is correctly referred to as the "Community Development Commission - Housing Authority of the City of National City" Page 1 3.2 Respondents hereby agree to waive any and all costs and/or fees it may recover against Petitioner arising out of this Litigation. Respondents agree to withdraw its cost memo referenced in paragraph 2.3 of the Recitals. 4. REPRESENTATIONS AND WARRANTIES 4.1. By entering into this Agreement, each party represents to the other that (i) each of them fully understands and accepts the tenns of this Agreement; (ii) each of them has relied upon the legal advice of their attorneys or that they have freely and independently chosen not to seek the advice of an attorney; (iii) each of them has had a full and ample opportunity to consult with any other professionals of their choice in connection with the rights and liabilities created by this Agreement; (iv) none of them has any questions with regard to the legal import of any term, word, phrase, or portion of this Agreement, or this Agreement in its entirety; and (v) each of them accepts the terms of this Agreement as written. 4.2. Representation of Approvals. Petitioner and Respondents make the following representations and warranties with the understanding that each of them are entering into the Agreement in reliance upon each of these representations and warranties, and that without these representations and warranties, each of the Parties would not enter into the Agreement: (1) Petitioner has and continues to have the authority to compromise and settle the Litigation and to enter into this Agreement; (2) Petitioner has not sold, transferred, conveyed, assigned, or subrogated any rights, claims or potential causes of action released in the Agreement, and hereby expressly waives all rights that they may have or may have previously had to do so; and (3) each signatory to this Agreement on behalf of any party does hereby personally represent and warrant that he or she has the authority to execute this Agreement on behalf of, and fully bind, each party whom such individual represents or purports to represent. 5. COMPROMISE This Agreement is the result of a compromise and shall never at any time or for any purpose be considered an admission of liability or responsibility on the part of any party hereto, nor shall the payment of any sum of money in consideration for the execution of this Agreement constitute or be construed as an admission of any liability whatsoever by any of the parties hereto. 6. ATTORNEYS FEES The Parties shall bear their own costs, expenses, and attorneys' fees arising out of this Agreement and the Litigation, including without limitation, the negotiation, drafting, and execution of this Agreement, and all matters connected therewith. In the event any action or proceeding is brought to enforce this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs against the non -prevailing parties, in addition to all other relief to which that party or those parties may be entitled. Page 2 7. CONSTRUCTION OF AGREEMENT This Agreement is the product of negotiation and preparation by and among each party hereto and their respective attorneys. Accordingly, all Parties hereto acknowledge and agree that this Agreement shall not be deemed prepared or drafted by one party or another, or the attorneys for one party or another. 8. BINDING ENT ECT This Agreement shall be binding upon and inure to the benefit of the Parties hereto, and their respective heirs, executors, administrators, trustors, trustees, beneficiaries, predecessors, successors, assigns, partners, partnerships, parents, subsidiaries, affiliated and related entities, officers, directors, principals, agents, servants, employees, representatives, and all persons, firms, plaintiffs, defendants and/or persons or entities connected with each of them, including, without limitation, their insurers, sureties, attorneys, consultants and experts. 9. GOVERNING LAW Any action at law, suit in equity, or other judicial proceeding for the enforcement of this Agreement or any provision thereof may only be instituted in the Superior Court of California for the County of San Diego. The Agreement shall be interpreted in accordance with and governed in all respects by the laws of the State of California. 10. SEVERABILITY If any provision or any part of any provision of this Agreement shall for any reason be held to be invalid, unenforceable or contrary to public policy or any Iaw, then the remainder of this Agreement shall not be affected thereby and shall remain in full force and effect. 11. INCORPORATION OF RECITALS The Recitals to this Agreement are hereby incorporated into this Agreement by this reference. 12. TIME OF THE ESSENCE Time is of the essence for the full execution of this Agreement and implementation and performance of each and every provision hereof. 13. ENTIRE AGREEMENT This Agreement contains the entire understanding among the Parties with regard to the Litigation, and is intended to be and is a final integration thereof. There are no representations, warranties, agreements, arrangements, undertakings, oral or written, between or among the parties hereto relating to the terms and conditions of this Agreement that are not fully expressed Page 3 herein. 14. FACSIMILE SIGNATURES Facsimile or electronically transmitted copies of signatures shall be acceptable and treated as original signatures. 15. COUNTERPARTS This Agreement may be executed in counterparts and each executed counterpart shall be as effective as the original. 16. FURTHER ASSURANCES The Parties agree to cooperate fully and execute any and all supplementary documents and take all additional actions which may be necessary or appropriate to give full force and effect to the teems and intent of this Agreement. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the date first written above. PETTITONER: Christina Navar drallIG1,1/C[t RESPONDENTS: City of National City By: Print Name: Ron Morrison Title: Mayor Dated: 5/22, .2014 Dated: June 5 .2014 Community Development Commission - Housing Authority of the City of National City Bv: Print ame: Ron MMr3'ison Title: Dated: June 5 .2014 Chairman [SIGNATURES CONTINUED ON FOLLOWING PAGE] Page 4 Approved as to Form Only: Legal Aid Society of San Diego, Inc. By: Chri By: By: Bernadette Probus, Esq. Attorneys for the Petitioner c Charles B. Christensen, Esq. Jose A. Garcia, Esq. meys for the Respondents dia G. City Attom City of Nati Dated: 5/ -- a-'/ / , 2014 Dated: 5 f 2y , 2014 Dated: (./ 114 , 2014 Page 5 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk CHRISTINA NAVAR vs. CITY OF NATIONAL CITY Post -Judgment Agreement and Waiver Ginny Miller (City Attorney) Forwarded Copy of Agreement to Christina Navar