SETTLEMENT AGREEMENT AND RELEASE

THIS AGREEMENT was made on January 10,2018 between:
RUTH SHELTON-PRYOR, referred to as "Plaintiff,"
and

CITY OF VALLEJO, WESLEY SIMPSON, DAN ACFALLE AND NiCKOLAS

SLOAN collectively referred to as "City Defendants."
A. RECITALS

1. On July 9, 2015, Plaintiff was contacted by City of Vailejo emergency
personnel at t Glen Cove Parkway after being flagged down by her brotherin-law due to a medical issue.

2. On April 7, 201 6, Plaintifffiled a lawsuit for damages in the Eastern District
of Caiifomia in the United States District Court, case number 2:16-cv-00464-

MCE-CKD, against the City of Vallejo and Does 1-50, alleging
excessive force, wrongful arrest, and failure to accommodate under the
Americans with Disabilities Act related tothecontactof JulyS, 2015.
3. On November 11, 2017, Plaintiff filed a second lawsuit for damages in the Eastem
District of Caiifomia in the United States District Court, case number 2:17-cv-02477-

MCE-GGH, against Valiejo Police Officers Wesley Simpson, Dan Acfalle, and
Nickolas Sloan and Does 1-50, alleging excessive force related to the same incident
of contact of July 9, 2015.
4. Both matters listed in paragraphs 2 and 3 above are collectively hereinafter referred
to as "the Litigation".

5. The parties now desire to compromise and release all present and prospective claims
which they now have, or may come to have in the future, against each other, and
to release each other from such claims related in any way to the events listed in
the Litigation or events in paragraphs 1-3 above.
B. TERMS AND CONDITIONS OF SETTLEMENT

6. Consideration. The settlement between the parties contemplates the following
consideration:

a. City of Vallejo shall pay Plaintiff Ruth Shelton-Pryor a total sum of Fifty
Thousand Dollars($50,000)in full and final satisfaction of all claims, fees, costs
and liens as follows:

i. Within fourteen days of receipt of the fully executed settlement
Settlement Agreement and Release

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 agreement and Stipulation for Dismissal, and upon confirmation of

dismissal with prejudice ofthe lawsuit listed in paragraph(c)below.
b. Plaintiff hereby authorizes the City of Vallejo to file with the court the Stipulation
for Dismissal to dismiss with prejudice, Shelton-Pryor v. City of Vallejo, at ai,
case number 2:16-cy-00464, within 5 days of receipt of the payment referenced
above by Plaintiff. A true and correct copy of the Stipulation is attached hereto as
Exhibit A.

c. Plaintiff shall dismiss with prejudice, Shelton-Pryor v. Simpson et a/., case number
2:17-cv-02477-MCE-GGH no later than January 19, 2018. A stipulation is not
required as the City Defendants did not appear in that case yet.
d. Each side shall bear its own costs and attorney fees on the Litigation.
7. Release. In consideration of said funds and as further consideration for this

Compromise and Release, each party covenants and agrees that:
a. The parties to this agreement understand that liability in this case is disputed
and this agreement is a good faith compromise and settlement of disputed
claims, and shall not be construed in any way whatsoever as an admission of
liability.

b. The parties warrant that they are the sole owners of ail claims arising from the
actions described herein.

c. All parties hereto covenant and agree that they will not at any time hereafter
commence, maintain or prosecute any actions at law or otherwise, or assert
any claim against any of the above-named parties, or their agents, employees,
successors or assigns, City Council, City Departments, attomeys or insurers for
any damages, injuries or losses of any kind or amount arising out of or in any
way connected to or resulting from the subject incidents on July 9, 2015,
referred to in Paragraphs 1-3 above. All parties hereto waive all rights and
benefits, which they now have or in the future may have under the terms of
Section 1542 of the Civil Code of the State of California, which reads as
follows:

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 reiease, which if
known by him or her must have materially affected
his or her settlement with the debtor.

d. All parties hereby release and forever discharge each other, and their agents,
employees, successors or assigns, City Council, City Departments, attomeys
or insurers from any and all claims or demands, actions or causes of action,
known or unknown, including all damages, arising out of or in any way
connected to or resulting from the subject accident referred to i n Paragraphs
Settlement Agreement and Release

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 1-3 above.

0. The parties hereto understand and agree that this settlement and release shall
act as a release of future claims that may arise from the above-mentioned
accident, whether such claims are currently known, unknown, foreseen, or

unforeseen. The parties understand and acknowledge the significance and
consequence of the specific waiver of Section 1542 described above and hereby
assume full responsibility from any Injury, loss, damage or liability that may
hereafter be Incurred by reason of or related to the matters alleged and raised
by the Litigation.
f. The terms of this release and settlement are contractual and are not mere

recital. This release and settlement Is executed without reliance upon any
representation by any person conceming the nature and extent of the Injuries
or legal liability thereof, and the undersigned have carefully read and
understand the contents of this contract and sign the same as their own free
act.

8. Liens. The undersigned Plaintiff specifically agrees that any and all known and
unknown liens will be satisfied from the proceeds of this settlement. Furthermore,
the undersigned Plaintiff specifically agrees to assume liability for the payment of any
liens or claims of any kind by, but not limited to any medical provider, governmental
entitles. Medicare, Insurance liens and any liens of attomeys. The undersigned
Plaintiff agrees to Indemnify and hold the City of Vallejo, the City Defendants, and Its
third party adjuster, Athens Administrators, harmless from any and all such claims or
liens. The undersigned agrees to satisfy any future medical expenses from the
settlement proceeds paid pursuant to the settlement of this matter. As of the date of
this signing. Plaintiff has provided the released parties all Information known to her
about any existing Medicare liens or any other liens. Plaintiff agrees to defend,
Indemnify and hold harmless each of the persons, firms and corporations released
hereunder with respect to all Medicare liens related to the subject Incident for which
the federal government may seek repayment.

9. No admission. This release and settlement agreement Is (1) the compromise of a
disputed claim and fully and finally settles all claims between the parties to this
dispute; and (2) to buy peace and to further prevent any further Involvement by the
parties In this dispute. Neither the payment of any consideration hereunder, the
waiver of any claims, nor anything contained In this Agreement shall be Interpreted or
construed to be an admission on the part of, nor to the prejudice of any person
hereto, and each party expressly denies any and all liability associated with or related
to said dispute, and claims herein described.

10.No inducement. Each party Individually and collectively declares and represents that
no promises. Inducements, or other agreements not expressly contained herein have
been made. Each party signing hereto represents and warrants that each of them
read, knows and understands the contents hereof, has executed this agreement
voluntarily, and has not been unduly Influenced by any person or persons.
Settlement Agreement and Release

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 11. Binding effect This sefJement agreemeni and release shall inure to the benefit of

each party heieto or benefit thereby its predecessors, successors, subsidiaries,
affiliates, representatives, assigns, agents, officers, directors, employees, and
personal representatives, heirs, past, present and future.

12 Severability. If any provision of this agreement is held invalid, the remaincer of the
agreement shall nevertheless remain in full force and effect in all other circumstances.
13.Execution The parties named belov/ have executed this settlement agreement and

.-e ease as of the date and year appearing below adjacent to the signatures of the
parties This agreement shall t>e binding upon the .-eceipt of fecsimile signatures or e
mailed by PDF or otherwise Any person transmitting their signature by facsimile or

electronically shaii promptly send an original signature to the other party The failure
io send an original shall not affect the b nding natuie of this Agreement.
'4 Advice of Counsel. The parties liave been afforded the opportunity to seek the

advice of an independent attcney and have eiltier been advisee by an attorney
regarding tnis agreement or hereby waive the right to be advtseo by independent
counsel

15 Enforceability. In the event tne isrms and conditions of this Agreement are breachea
or are not abided by either pa.fy to this settlement, either party may seek relief
oursuanltoC.C ? §654 6 to enforce the terms of this Agreement, notwithstanding any

provisions of Evidence Code §§ 1115-1128. The prevailing parti' shall be entitled
to recover attorney fees in any action, case or proceeding maintained to enforce,
interpret or rescind the provisions of this Agreemeni

Dated' I

I i-i/i.pif

' I

APPROVED AS TO FORM

Dated

Satiiemen*. Ag,'€eineni arc i^clcase

cl-hin-?p J ag.

RUTH SHELTON-PRYOR.PLAINTIF^

 Attorney for Plaintiff Ruth Sbelton-Pryor

Dated;

Kelly J. Tflijili
Attorney for the CityTJefendants

SeUlement Agreement and Release