SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
This Settlement Agreement and Release of All Claims (“Agreement”) is made by and
between plaintiff, Harold Meza (“EMPLOYEE”), and the County of San Diego (“COUNTY”)
with respect to the following facts and issues:
WHEREAS, EMPLOYEE has filed a lawsuit against two former COUNTY employees,
Glynnis Vaughan and Diane Porter San Diego Superior Court Case 37-2015-00019416-CU-OECTL (the “LAWSUIT”);
WHEREAS, the defendants in the LAWSUIT tendered the defense to the COUNTY,
which has provided said defense under the provisions of the California Government Code,
meaning that the LAWSUIT defendants have not personally incurred fees of costs;
WHEREAS, EMPLOYEE on the one hand no longer wishes to pursue his claims in the
LAWSUIT and COUNTY on the would prefer to avoid incurring additional expense in
providing the above-referenced defense to the LAWSUIT;
THEREFORE, to avoid the substantial expense and inconvenience of further litigation
and in consideration of the promises and agreements hereinafter set forth, IT IS HEREBY
AGREED, by and between the COUNTY and EMPLOYEE as follows:
1.
Dismissal. EMPLOYEE will immediately, upon execution of this
AGREEMENT, file a Dismissal with Prejudice to the above-referenced LAWSUIT.
2.
Release of All Claims by EMPLOYEE. EMPLOYEE unconditionally,
irrevocably and absolutely releases and discharges the County of San Diego, all of its
departments, affiliated entities and offices, its Board of Supervisors and members of the Board of
Supervisors, its attorneys, its current and former officers, employees, directors, and agents, and
its successors and assigns, including but not limited to Glynnis Vaughan and Diane Porter, from
any and all losses, liabilities, claims, charges, demands and causes of action, known or unknown,
suspected or unsuspected, arising directly or indirectly out of or in any way related to
EMPLOYEE’S employment, any interactions, known or unknown, between the EMPLOYEE
and any other COUNTY agent, whether related or unrelated to EMPLOYEE’S employment, and
all conduct that predates this AGREEMENT. This release is intended to have the broadest
possible application and includes, but is not limited to, any claim for reinstatement, wages or
benefits, any claim under state and/or federal law, any claim of defamation, discrimination,
harassment, and/or retaliation, and/or any other alleged violation of law.
3.
California Civil Code Section 1542 Waiver. EMPLOYEE expressly
acknowledges and agrees that all rights under Section 1542 of the California Civil Code are
expressly waived. That statute reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OF OR SUSPECT TO EXIST IN HIS FAVOR
AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY
HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH
THE DEBTOR.
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 4.
Consideration. In exchange for the foregoing, the COUNTY waives any and all
claims it has or may have to recover, from EMPLOYEE the costs, expenses, fees and any other
expenditures incurred in defending the LAWSUIT.
5.
Applicable Law. The validity, interpretation and performance of this Agreement
shall be construed according to the laws of the State of California.
6.
Attorneys’ Fees and Costs. The Parties to this Agreement agree that they will
bear their own costs, attorneys’ fees, and all other expenses in connection with the matters
released herein.
7.
Advice. The Parties acknowledge that they have had the opportunity to consult
with and obtain advice from legal representatives and/or other representatives concerning the
settlement and the terms of this Agreement, and that they have executed this Agreement after
independent investigation and without fraud or undue influence.
8.
Joint Draft. Each party has had the opportunity to participate in the drafting and
preparation of this Agreement. Any construction to be made in the Agreement or any of its
terms or provisions shall not be construed against any one party.
The Parties to this Agreement, with the benefit of representation and advice of counsel,
have read the foregoing Agreement and fully understand each and every provision contained
herein.
WHEREFORE, the Parties have executed this Agreement on the date(s) shown below.
DATED:

10/19/2015

DATED:

_________________________________
HAROLD MEZA

_________________________________
COUNTY OF SAN DIEGO
By:

APPROVED AS TO FORM:

_______________________________
Counsel to EMPLOYEE

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