SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release (the “Release”) is entered into by and between Plaintiff
GUILLERMO SOLIS (hereafter, “RELEASOR”), and Defendant CITY OF VALLEJO, its
assigns and insurers, its elective and appointive boards, officers, officials, agents, servants,
employees, partnerships, firms and corporations, and each of them, and individual Defendants
former VALLEJO POLICE CHIEF JOSEPH KREINS, VALLEJO POLICE OFFICERS JOSH
CAITHAM, VALLEJO POLICE OFFICER JARED JAKSCH, VALLEJO SERGEANT DREW
RAMSAY, VALLEJO LIEUTENANT JOSEPH IACONO, (hereafter collectively,
“RELEASEES”).
RECITALS
A.
RELEASOR, herein above identified, has made claims, demands, and filed suit
against RELEASEES, alleging various personal injuries and wrongs, including, but not limited to,
violation of his rights, entitlements, protections, and privileges under Title 42, U.S. Code §§ 1983
and 1988, the Fourth and Fourteenth Amendments to the United States Constitution, the common
law of the State of California, Article 1, § 13 of the California Constitution, and Civil Code §§ 52
and 52.1, and alleging various damages, including attorneys’ fees, statutory damages, special
damages, general damages, punitive damages, and other damages and costs, arising out of, or in
connection with those certain accidents, casualties, occurrences, events, and/or acts that took place
on or about March 12, 2013, more particularly described in the Second Amended Complaint No.
2:14-cv-00483-KJM-KJN (“Complaint”), filed in the United States District Court, Eastern District
of California. These claims, demands, causes of action, allegations, and alleged losses and
damages arising therefrom, and described and referred to in the Complaint, are hereafter
collectively referred to as the “Claims.”
B.
RELEASOR and RELEASEES (“Released Parties”) desire to enter into this
Release so as to provide a certain payment in full and final settlement and discharge of all claims
which the parties have or may have against each other, including but not limited to any claims for
general damages and compensatory damages, property damage, statutory damages, and any or
other out of pocket costs and expenses.
C.
Released Parties have agreed to settle and resolve the Claims on the terms and
conditions set forth herein.
AGREEMENT
Released Parties agree hereto as follows:
1.

RELEASE AND DISCHARGE

In consideration for the payment called for herein, RELEASOR hereby completely release
and forever discharges RELEASEES from any and every past, present, or future claim, demand,
obligation, action, damage, cost, expenses, right, and cause of action, of every kind and nature,
known or unknown, real or imagined, existing or claimed to exist, asserted or unasserted, alleged
or unalleged, which can ever arise from, or in any way grow out of, or which are the subject of
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 any and all claims which the RELEASORS have made or may make, which has resulted or may
result, from the Claims. This Release shall be a fully binding and complete settlement between
RELEASOR AND RELEASEES.
2.

UNKNOWN CLAIMS AND DAMAGES

RELEASOR acknowledges and understands that he may have suffered damages which are
unknown to him at the present time and that this possibility has been considered by him in entering
into this Release, and he has determined that the consideration to be paid is fair and adequate
compensation with due regard for such future possibilities.
3.

DISPUTED CLAIMS

The RELEASEES acknowledge that the payment required by this Release is being made
to compromise and settle disputed claims and are being made in settlement and release of all past,
present, and/or future claims against the RELEASEES. Neither payment of the sum reflected
herein, nor any statements or communications by RELEASEES or their attorneys leading to this
Release, shall be considered admissions of liability or responsibility at any time, in any way, for
any purpose, by or on behalf of RELEASEES.
4. LIENS AND HOLD HARMLESS
All liens, claims, demands or causes of action (including, but not limited to, those of any
complainant-in-intervention, third party, provider of workers compensation benefits, provider of
medical services, Kaiser lienholder, third-party lienholder, employer and/or insurer), against the
settlement proceeds hereunder are hereby compromised and released. Furthermore, RELEASOR
specifically agrees to assume liability for the payment of any liens or claims of any kind by, but
not limited to any medical provider, third party, governmental entities, Medicare, insurance liens
and any liens of attorney, in any way related to or arising from the Claims. Furthermore, the
undersigned shall indemnify and hold harmless the RELEASEES from any such liens, claims,
demands or causes of action and shall defend the RELEASEES from any such liens, claims,
demands or causes of action, whether groundless or not, in any way related to or arising from the
Claims.
5.

GENERAL RELEASE

It is fully understood by the undersigned that the injuries and/or damages sustained by the
undersigned are of such character that their full extent and type are not presently known; it is
further understood that the injuries and damages, whether known or unknown presently, might
possibly become progressively worse, thereby resulting in further injuries or damages to the
undersigned. Nevertheless, it is the desire of the undersigned to forever and fully release and
discharge the RELEASEES herein, upon the explicit understanding that no further claims,
allegations, demands, damages or causes of action may ever be asserted by the undersigned against
the herein RELEASEES by reason of such injuries and/or damages.

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 The provisions of Section 1542 of the Civil Code of the State of California are hereby
expressly waived, upon the understanding by the undersigned that said Section provides:
A general release does not extend to claims which the creditor does
not know 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.
This final compromise and release, and settlement amount payment contemplated herein,
is expressly intended to cover and include, and does cover and include, all rights of action or causes
which may hereafter exist or accrue to the undersigned, related in any way to the subject matter of
this Release and the Claims.
6. PAYMENT
The RELEASEES shall pay THIRTY-FIVE THOUSAND DOLLARS AND ZERO
CENTS ($35,000.00) by check or draft, to “Casper, Meadows, Schwartz & Cook in trust for
Guillermo Solis” (Tax Identification Number 68-0129520), and to deliver said check or draft to
said attorneys, as follows:
Nick Casper
Casper, Meadows, Schwartz & Cook
2121 North California Blvd., Suite 1020
Walnut Creek, California 94596
7. DISMISSAL WITH PREJUDICE
In consideration of the payment set forth in section 7 above, the undersigned shall dismiss,
with prejudice, RELEASEES from the Complaint, now pending in the United States District Court,
Eastern District of California.
8.

ENTIRE AGREEMENT

This Release contains the entire agreement between the Released Parties hereto, and shall
be binding upon and inure to the benefit of each. No other agreements, representations, or
statements with respect to the terms or conditions of this settlement and Release, made precedent
or contemporaneous to this Release, constitute any part of this Release.
9.

COMPREHENSION OF AGREEMENT

The undersigned has carefully read and understood the Release contents and signs the same
freely and voluntarily.
10.

COUNTERPARTS

Facsimile or counterpart signatures shall be sufficient and can be used as originals.

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 BY EXECUTING THIS RELEASE, THE UNDERSIGNED UNDERSTAND THAT HE
HAS READ THIS RELEASE, AND UNDERSTAND ITS TERMS ANDX)NI&1TJONS

DATED:
Plaintiff GUILLERM

ATTORNEY CERTIFICATION AND CONFIDENTIALITY:

I, NICK CASPER, do hereby and certify that I am the attorney for the above-named
individual, GUILLERMO SOLIS. I certify that said individual, to the best of my knowledge, is
competent and capable of understanding the contents of this instrument, each provision of which
I have fully explained to him and I am satisfied that he has understood, agreed to, and fully
accepted such provisions.
DATED:________________
NICK
Attorney for Plaintiff