15-C
AFN 1132
SETTLEMENT AGREEMENT AND GENERAL RELEASE OF ALL CLAIMS
This Settlement Agreement and Oenent Rcleue of All Claim, (• Agrec:meDt") is entered into as of the date bat siped below ("Effective Date"), by and between Juon Clam ("Plaintiff"), and the City of Bellflower, a California municipal corporation locattd lt J 6600 avic Center Drive.
Bctlflower. CAJ.ifomia 90706 ("Defend.ant" or "City"), collectivelyrcfaffif to as the "Parties." Rl'.CITAl§
WHEREAS, PJaintitf was employed by the City of Bcllflowa-from approximately October 2, 2002. through approximately June 10, 2024, m the position of Scmor Planner; WHEllEAS, P.laintiff'filed a complaint in Los AnaeJes Superior Court, Case No. 2.5NWCV02026 C-ttt. Uwsuit"), a.uertiq claima for wroqf\11 lerm.ination. racial dil«imiutioo, ictaliatioo, bottile work cnvironmcntAarasmient. failure to pm.rent discrimination, harassment, and retaliation, and mated claima under California law;
WHEREAS, Defeodul1 c:omenda that Plaintiff volmtarily resigned hi, employment effective June 10, 2024, without notice or stated cause, as reflected in Plaiatift'a onl ad written resignation that day;
WHERE.AS, Plaintiff filed a workers' compensation claim. designated as Case No. ADJf 9366971 (EAMS No.) ("Worbrs' Compenlltion Cuej, which wu fully resolved by Compromise & Release in the amount of $25,000.00 (leas applicant attorney fees of $3,750.00), pununt to an order of the Division of Wotbrs' Compcmation Appeals Board dated July 22. 2025, and comirmod by Atbeu Adminimators/Cafomia .JPIA by letter dated July 29, 202.5 (Claim No. 22025695);
WHEREAS, Oefendmt denies each and all of Plainliffs allcpaons and cla.ims, denies all liability, and denies that Plaintiff bu auffered uy damages;
WHEREAS , tJac Parties desire to re10l\'e alt disputes, claima, IDd controversies between them without the unceltlin1Y, expense, and burden of continued litigation; NOW. TIIEllEFORE. in consideration of the mutual promises. covenams, and agreements contained herein. 111d for other JOOd IDd valuable coosjdcmion, the receipt and sufficiency of which are hereby acknowledged, the Parties aarec u follows:
AGREEMENT
1. Settltnttnt Payment.
t. l In consideration for the releases, covenants, and agreements set forth in this Agreement, and subject to the City Council -wroval doscribcd in Section 2 below, Defendant agrees to pay Plaintiff the total sum of Seventy-Flve Thousaad Dollan ($75,0G0.IO) ("Settlement Amount"), allocated as follows:
(a) Waga/CompeJlsatory D11111aces: The sumo{ Five Thousand Dollars (SS,000.00) shall be allocated to wages and compensatory damates, subject to applicable payroll tax
withholdings and deductions. This portiOD shall be reported on IRS Form W-2 iS$Ucd in Plaintiff I name and Social Security number.
(b) Noa-Wage Dama1a1Emotlo■al Dlstrus: The sum of Seventy Thousand Dollars ($70,000.00) shall be allocated to non-wage damages, including personal injuries, emotional distress, and pain and suffering, for which no withholding is required. This portion shall be reported on IRS Form 1099-MISC issued in Plaintiff', name and Social Security nmnber .
1.2 Plainliff acknowledges that Oefetldant makes no rcpreacntation rcgardioa the tax consequences of thia AaJ'ecment, and Plaintiff agrees to be 10lcly rcspouible for any and all tax obligatiom, interest, and/or penalties that may be asseued apinat Plaintiff in CODDcction with the Settlement Amount Plaintiff agrees to indemtlify and bold Defc:odant 1wm1ess &om any and aU claims, demands, liabilities, costs., and expenses (including rcasooable attorney'• fees) arising out of or related to Plaintift's tll obtigatic:ms with respect to the Settlement Amount.
1.l Payment shall be made by check or clcc:tronic tnnsfer, payable as directed by Plaintiff's counsel of record, within thirty (30) calendar days fol.lowmg: (i) full execution of lhis Agreement• by all Parties; (iJ) City Council approval as provided in Section 2; and (iii) delivery to Defendant's coumc1 of a completed and signed IRS Porm W-9 &om Pliintiff. l. City Council ApprenL
Plaintiff acknowledges and understands that dm Agreanent is IUbject to final appro"l by the Bellflower aty Council, a.s required 'oy applicable law aovmrina lbc Nttlement of cl1m11 apinst California municii>-J corporatiom. Defendant'• COODICI agrees lo pretent this .Agtccmcnt to tht City Council for approval at the next rqularly scheduled mectina following full execution of this Agreement by all Parties, or at such other time u is practicable. If the City Council fails to approve this Apement within sixty (60) calendar~ of the date it i, last aped by the Partie,, either Party may, upoo written notice, withdraw from this Agreanent and the Agreement shall be deemed void . In such event, no Party shall have any obligation to the other under this A~cal
3. General Release of All Claims.
3.J In consideration of the promises and paym~ts set forth htrein, and except as otherwise provided in this Agrccmenr, Plainti ff. on behalf of himself and his heirs, executors, administrators, successors, and assigns , hereby fully and finally releases, acquits, a11d forever discharges Defendant, the City of Bellflower, its City Council, officers, directors, employees, agents, representatives, insurers, attorneys, predecessors, successors, and assigns (collectively, HReleased Parties''), from any and all claims. charges, complaints, demands, actions, causts of action, obligations, liabilitief, damages, costs, expenses, and fee& of every kind and nature whatsoever, known or unknown, suspected or unsuspected, fixed Or contingent, that Plaintiff bas, had , 01 may have against any of the Released l>arties, arising out of or in any way related to his employment with tbe City of Bellflower. or the cessation thereof, including but not limit ed to:
(a) All claims asserted or that could! have been asserted in the Lawsuit, Cas e No, 2SNWCV02026 ;
(b) All claims under the California Fair Employment and Housing Act ("FEHA"), Governmen t Code § 12900 et seq., including but not limited to claims for racial 2 discrimination, harassment, retaliation, failure to prevent diacriminati00; harassment,. ind retaliation, and any claims arisins under the CROWN Act (SB 188); (c) All clabnl under the California Labor Code, including but not lim ittd to claims under Labor Code§§ 98 .6, 1102.5, 1102.6, and 206;
(d) All claims under Tide VIl of the Civil Rights Act of 1964, as amended, 42 U.S .C. § 2000e ct 1eq.;
(c) All claims under the Age Djscrimination in F.mploymcnt Act ("ADEA"), 29 U.S .C. § 621 et seq.;
(t) All claima under 42 U.S.C. § 1981 or§ 1983;
(g) All claims fer wrongful termination, constructive discharge. breach of contract, breach of the implied covenant of good faith and fair dcalin& intentional or negligent infliction of emotional distress, or invasion of privacy;
(h) All claims for wages, sallJ)', compensation, bonuses, commissions, vacation pay , sick pay, severance pay, or other compeosation of any nature; and (i) All other claims ariq under any federal, state, or local slatute, ordinance. rcgulation, or common law, related to « arising out of Plamtitra anploymeot with the City of Bellflower, or tbe termmatioo ~ereof.
3.2 This release doea not apply to, and Plaintiff expressly J)RICtVes, any rights or claims that cannot be waived by private agreement as a matter of law, includiaa Plaintiff's ript to file a charge with or participate in an invcstiption by any aovemment agency 1udi u the EEOC or DFEH/CRD, providad that Plaintiff agrees to waive any right to recover monetary damagea « other personal relief ill c:onne<ltion with any such c:harae or investiption 1bat falls within the scope of the release in Section 3 .1 aboYc.
3.3 This release does not waive or release any rights or claims dw may arise from conduct oocuning after the date this Aareement is fully executed .
4. Waiver of Unluaewa Clahns -Clvtl Code t 1541.
Plaintift expressly aclalowle<faes and a,rees that this Ap-cement is intended to extinguilh all claims, whether known or unknown. suspected or unsuapccted . Plaintiff expressly waives and relinquishes any and all rights md benefits conferred by California Civil Code § IS42, which provides as follows:
.. A OENEllAL RELEASE DOES SOT EXTEND TO CLAIMS TiiAT TIIE 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 HBR. WOULD HA VE
MATERIALLY AFFECTED ms OR HER SETI'LEMENT WITH TiiE
DEBTOR OR RELEASED PARTY."
Plaintiff acknowlcd&es that be is aware tbat he may hereafter discover facts in additioo to or different from. those that be now knows or believes to be true with rapect to the subject matter of this Agreement. Nevertheless, Plamtiff intends by this Agreement to fully , finallyj and forever settle and release all matters, disputes, and differeace&, known or umknowa, suspected or unsuspected, that exist or may exist between Plaintiff and lhe Released Pmtiea. Plaintiff
acknowledges: that be has had the opportunity to consult with counsel regarding the consequences of this waiver and accepts and 8.SSUl11es the risk of any mistake of fact.
5. Dismiaal of the Lawnlt.
Within five (5) court days following receipt of the Settlement Amount by Plaintiff's counsel.
Plaintiff agrees to ex.ccute and file. or cause to be filed. a Rtquest for Dismissal with prejudice of the Lawsuit. Case No. 2jNWCV02026, in its entirety, including all causes of action apinst Defendant. Plaintiff's counsel shall be resi,onsible for filing the Request for Dismissal in the Los AngeJcs Superior Court, Norwalk Division, and aha11 provide a. file-stamped copy thereof to Defendant's counsel within three (3) court days of filing.
6. Workers' Compensation Case.
6.J The Partie$ acknowledge that Plaintiff's workers' compensation claim, Case No.
ADJ19366971 (Claim No . 22025695)("Worlcers' Compensation Case''), has been fully and finally ~solved by Compromise & Ref ease in the amount of $25,000.00 (less applicant attorney fees o( $3,750.00, for a net payment to Plliintiff of $21,250.00), pursuant to an order of the Division of Work.en' Compensation Appeals Board entered Jaintiff agrees that be wilJ not make any false, misleading, or disparaging statements, whether oral or written, about Defendant, the City of Bellflower, its City Council, officers, employees, or agents, that are intended to harm or that would reasonably be expected to harm the reputation or business interests of the City of Bellflower. This provision shall not prohibit Plaintiff from providing truthf-ul testimony pursuant to a subpoena or court order, fi ling any charge with a government agency, or cooperating with any government investigation.
7.2 Defendant agrees that ifs City Council members and management-level employees will not make any false, misleading, or disparaging pub1fo statements about Plaintiff that arc intended to harm Plaintiff's reputation or employment prospects. This promioo shalt not prohibit Defendant or its employees from providing truthful testimony pursuant to a subpoena or court order. 4 8. Confidentiality of Settlement AmOllnt-Compliance with CCP § 1001 (Silenced No More Act).
Consistent with C&lifomia Code of Civil Procedure§ 1001 and GovcnuncntCode § 12964.S (as amended by SB 331), this Agreement doe4 not restrict Plaintiff's right to disclose factual information related to any act of discrimination, harassment, or retaliation:. as those terms are defined under applicable California law.
9. No Admission ef Uability.
The Parties agree that this Agreement represents a compromise of disputed claims and shall not in any way be coostrued as an edmission of liability or wrongdoing by any Party. Defcndam expressly denies any liability with respect to any of Plaintiff's claims. Neither this Agreement nor any provisioo hereof shall be offaecl or received in evidence in any action or proceedina as an admission or evidence of liability or wrongdoing of any kind. 1 0. Cooperation.
The Parties agree to cooperate in good faith and CllCCUte any additimal documents or take any additional actions reasonably neccasary to effectuate the pwposcs of this Aarecmmt. including the dismissal of the Lawswt and compliance with any reportina obliaations required by [aw.
11. Future Employnaeat
The Parties acknowledge that Government Code§ 12964.5, as amended by AB 749, prohibits any provision in a settlement agreement that prevents or restricts a scUlinc party ft-om obtaining future employment with the employer against whom a cwm of discriminati.oo. harassment. or retaliation was made under FIHA, except when the employer has made a good-faith dctcnninition that the person enaagcd in sexual lwusment or aexual assault. Because Plamtifrs claims do not involve sexual harassment or sexual assault, no provision of this Agreement shall restrict Plaintiff's ript to seek or obtain future emplo)'lncnt with the City of Bellflower . AJJy term purporting to impose a bar on Plaintiff's future employment with the City of Bellflower sha11 be deemed void and unenforceable.
12 . Entire Aireement; Integration.
This Agreement constitutes the entire agreement between the Parties with n:spect to the subj ect matter hereof and supersedes all prior negotiations. representat ions, warranties, oc agreements relating thereto, whether oral or written. This Agreement may not be modified, amended, or rupplemented except by a written instrument signed by both Parties .
13. Attorneys' Fees and Costs.
Bach Party shall bclr its own attorneys• fees and costs incun-ed in connection with the Lawsuit. the negotiation of this Agreement, and all matters related thereto, except as otherwise provided by law. Plaintiff's counsel, Diane L. Berlin, Esq., shall receive her attorneys' fees and costs ftom the 5 Settlement Amount, to the extent agreed upon in any retainer or fee arrangement between PJaintiff and counsel .
14. Knowint a■d Vohmtary Acreement.
Plaintiff acknowledges ud represent, that: ( a) he bas carefully read this Agreement in its entirety; (b) he fully understands its terms and (cgal significance; (c) he bu had the opportunity to consult with legal counsel of bis choosing prior to sigmog; (d) he has relied upon the advice of his attorney, Diane L. Berlin, Esq., or baa knowingly waived the right to do so; (e) he is entering into this Agreement freely and voluntarily, without coercion, duress, or undue influence; and (f) he has been given adequate time to con.sider this Agreement.
15. Representations and Warrantie,.
15 .1 Plaintiff represents and warrants that he has not assigned, transferred, or conveyed, or purported to assign, transfer, or convey, to any person or entity any claim, demand, right, or cause of action released pursuant to this Agreement
15.2 Plaintiff further represents and warrants that no, liens or assignments have been placed on any of the claims being released pursuant to this Agreement. PlaintiiI' specifically represents that the workers' compensation matter (Case No. ADJ19366971} bas been fully resolved by Compromise & Release order of the WCAB dated July 22. 2025, and that no work.en' compensation liens remain outstanding against any recovery in this civil matter. 1 S.3 Each Party represents and warrants that it ha s the full legal authority to enter into th is Agreement and to pctform all obligations hereunder.
16. Governing Law; Jurisdiction.
This Agreement shall be governed by and construed in accordance with the lAws of the State of California, without regard to its conflicts oflaw principles. Any di spute arising from or relating to this Agreement shall be resolved in a court of competent jurisdiction in Los Angeles County, California.
17. SevenblUty.
If any provisiott of thu Aareement is found to be invalid, illegal, ot unenforceable under applicable law, such provision shall be modified to the minimun1 extent ncceasary to make it valid, legal, and enforceable, and the validity, legality, and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. 18 . Counterparts; Electro■ic Slgaaturcs,
This Agreement may be executed in one or mo~ counterparts, each of wh ich. shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures transmitted by facsimile, PDF , or other e lectronic means shall be deemed gnginals for all purposes. 6 ...
19. Htadings.
Section headin~ in this /\greemenl are for convcnic-nce only and shalt not affect thC' ccnsuuctiM or intcrpn.'1:Uion of this Agreement
20, NodC'fl.
All notices, requests, demand~. and otltt.'1' communications undrr this Agrttmmt shall bf' in \\Titi~ and shall be dtemcd duly given when J>fflOO•lly delivered. sent by overnight t"ouritr, N lffll 1,y elcetrook mail (with t"onnrmn1ion of receipt) to tht followin11:
To Plaintiff': Diane l.. Berlin. flsq .. I.aw om~ o( flianf' L. Berlin, J 23~ Santa M~iaa Blvd. Suite 350. l.os Angeles. C' A q()()2_~; be:rlinlawl l~aol.cam 1'o D~rradHl: Tristan G . Pc:laycs. Hsq / J~h Oolandcr. l!sq ., Ul\' (>flicn nf PdayN k Uotandcr, Al}C, 10803 1:001hill Bl,·d .. S1itt I 12, Rancho C'ucamon.,a. CA C>l7J0. t8J,@1>1:l1yes-bolander .com f jnb@pclayes-bolander com AGR~EMENT OF TIU: PAR1'1F.S
IN WlTNFSS WIIEREOF. the Jt11rties have e~ecutod thb Sclllement Al(reemenl &nd Gc-MRJ k.clcitS~ or All C'h,im:i; a-. o( the dmets) sel ror1h below .
PI.AINTlfo'J,':
(~'rl)t, (_ ( -~il~
Jas ... Clarkt
l'l"i11tin·
rl,AINTWt,'•S ( 'OIINSJ:l.: '°~~ l>iMllt' I .. lk'l'li11, i-'.!o"Cl• I CIW Ollii.'l ' 111" 1>i 1111t• I .. l\l•tli11
12 .Hl.W S1111111 Mnni l'II lllvt.1 . Suili: .150
l os Ant,tdlis. CA 1.1002~
At1 l1nwy 1'1» 1•l11i111iff Ju s\\11 ( 'lu1 I..,·
Aatho bcllflo"er
Title:----==..-. _
City of Bellflow
16600 Civic Center Drive
Bellflower, CA 90706
DEFENDANT'S COUNSEL:
r~/J~
TrlltaD G. Pelayes, KIJMeph Boluder, E,q
Law Offices of Pclayes & Bolmdcr, APC
10803 Foothill Blvd., Suite 112
Rmcho Ov:amnnga, CA 91730
Attorneys for Defendant City of Bellflower
8 Date: _3/25/2026