HomeMy WebLinkAboutCVRA Settlement Agreement 2019SETTLEMENT AGREEMENT AND GENERAL RELEASE OF CLAIMS
The parties to this SETTLEMENT AGREEMENT AND GENERAL
RELEASE OF CLAIMS ("Agreement") are Lorraine Salas and Karina
Quintanilla (referred to as "Plaintiffs" herein), and the City of Palm Desert, a
California charter city and municipal corporation (referred to as "City" or
"Defendant" herein). These persons or entities are sometimes referred to as
"Parties" or "each Party" herein. This Agreement is effective as of the latest date
written next to the signature of a Party to this Agreement.
RECITALS
A. On or about June 5, 2019, Plaintiffs filed a complaint for a violation
of the California Voting Rights Act of 2001 ("CVRA") against the City in
Riverside County Superior Court, thereby instituting the action entitled Salas,
et. al. v. City of Palm Desert, California, Case No. PSC-1903800 (the "CVRA
Action").
B. The City answered the complaint on September 27, 2019, denying
the allegations in the complaint and asserting affirmative defenses.
C. The Parties desire to settle the CVRA Action and to fully and finally
settle any and all matters between them arising out of, or relating to, the CVRA
Action, or any claims that could have been raised in connection with the CVRA
Action or the City's system of at -large elections for City Council Members
occurring prior to the date of this Agreement, without any further court
proceedings, trial, appeal or adjudication of any issue of fact or law, except as
provided herein, and without any admission with respect to such matters.
D. The purpose of this Agreement is to settle the CVRA Action by the
Parties jointly requesting the Court to enter a judgment pursuant to its
authority under the Code of Civil Procedure § 664.5 and the CVRA, requiring
the City, pursuant to procedures set forth in Elections Code § 1oolo to change
from an at -large system of election of five (5) City Council Members to a system
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of by -district elections for five (S) City Council members as described in
subsection (a) of Exhibit 1, hereto, in time for the November 2020 City Council
elections, as provided in Exhibit 1.
TERMS AND CONDITIONS
NOW, THEREFORE, in light of the foregoing recitals, and in
consideration of the representations, warranties, releases, and promises
contained herein, the Parties agree to the following terms and conditions:
1. Stipulation for Entry of Judgment.
1.1. Immediately upon full execution of this Agreement, and
satisfaction of the terms set forth in paragraphs 1.2 and 1.3, whichever comes
last, the Parties shall execute and jointly file with the Court the Stipulation for
Entry of Judgment attached hereto as Exhibit 1 ("Stipulation"). The Parties
further agree to jointly request that the Court enter judgment consistent with
the Stipulation. The Stipulation for Entry of Judgment, including the proposed
judgment thereon, and faithful performance of the terms of that judgment, are
integral to this Agreement, and shall, in all respects, be construed as being part
of this Agreement. If the Court fails to enter judgment consistent with the
Stipulation, this Agreement is null and void.
1.2. The final judgment shall include a copy of the judicially
approved electoral district map. The City shall conduct a public process in
accordance with Elections Code § looio, to consider the adoption of district
boundaries for the Civic Center District as contemplated in Paragraph (a)(1) of
the Stipulation. To facilitate resolution, Plaintiffs are encouraged to participate
in the public process as early as is practicable, either by (i) submitting one or
more maps that are acceptable to them for consideration by the Council or (2)
specifying which of the maps submitted by the City's consultants or third parties
are acceptable to them, or (3) both. If the Council adopts a map that Plaintiffs
have identified as acceptable to them, that electoral district map shall be
a
deemed the approved electoral district map, and final judgment shall be entered
accordingly in the CVRA Action. If the Council does not choose a map that the
Plaintiffs have identified as acceptable to them, within five (5) days of the City
Council's first reading of the ordinance including the City's proposed electoral
district map, Plaintiffs and representatives of the City shall meet and confer
concerning the electoral district map. If the Parties agree upon an electoral
district map, that electoral district map shall be deemed the approved electoral
district map, and final judgment shall be entered accordingly in the CVRA
Action. If following the meet and confer process, the City's representatives agree
to changes in the electoral district map or to a different map, the City Council
may schedule one or more additional public hearings and meetings to consider
the amended electoral district map or different map, in accordance with
Elections Code § iooio. If following the meet and confer process, the Parties
are unable to agree on an electoral district map, this Agreement is null and void.
1.3. The parties shall also consult with the Riverside County
Registrar of Voters and any other persons as may be required to confirm that
ranked choice voting can be conducted for elections in the City, beginning with
November 2020, at an initial cost of no more than $350,000 to the City, not
including the costs of necessary educational advertising campaign that is
undertaken to explain the new system to voters. If the Registrar is unable to
conduct ranked choice voting beginning in November 2020, the parties will
meet and confer in good faith in an effort to agree on implementation of RCV at
the earliest practicable date, with the Stipulated Judgment to be revised
accordingly. If, following the meet and confer process contemplated in this
paragraph, the Parties are unable to agree on implementation of RCV and the
date by which such implementation is to occur, this Agreement is null and void.
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2. Parties' Attorneys' Fees and Litigation Expenses.
2.1. Plaintiffs are prevailing parties, entitled to recover their
reasonable attorneys' fees, costs and expenses, pursuant to Elections Code
section 14030. The City will pay Plaintiffs, in an amount to be negotiated by the
Parties, their reasonable attorneys' fees consistent with the standards
established in Serrano v. Priest (1977) 20 Cal.3d 25, 48-49, and litigation
expenses consistent with Elections Code section 14030, including, but not
limited to, expert witness fees and expenses as part of the costs. If the Parties
are unable to reach an agreement on the amount of attorneys' fees and costs to
be awarded to the attorneys for Plaintiffs, then the Parties will submit the issue
of the amount of attorneys' fees, costs and expenses to an arbitrator, who shall
be a retired jurist with experience mediating or adjudicating California Voting
Rights Act cases. Nothing in this paragraph shall be construed as prohibiting
the Parties from agreeing to mediation. Other than as provided herein, the
parties shall each bear their own costs and expenses, attorney fees and interest
arising out of or relating to this CVRA Action.
3. Litigation Standstill. Upon full execution of this Agreement, all
litigation activities relating to the CVRA Action, other than those necessary to
effectuate this Agreement, will be suspended and court calendar dates removed,
including all pending discovery. The parties agree to jointly seek a stay of
further proceedings until February 28, 2020, to permit the conditions
contained in paragraphs 1.2 and 1.3 to be conducted without the need for
litigation proceedings in the meantime.
4. No New Lawsuits or Legal Actions. Plaintiffs shall not file or assist
in any way (for example, and without limitation by soliciting new potential
plaintiffs, referring new potential plaintiffs to Plaintiffs' counsel herein, or
providing pleadings, briefs, reports, discovery, investigations or any other
document or matter prepared in connection with, or anticipation of the CVRA
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Action) any other person or entity to investigate, analyze, prepare for or file,
another lawsuit against the City, alleging a violation of the California Voting
Rights Act, Section 2 of the federal Voting Rights Act, or a voting rights violation
under the Constitutions of the State of California or of the United States of
America based on the facts alleged (or which could have been alleged) in the
CVRA Action.
5. Release of Claims.
5.1 Release by Salas & Quintanilla. in return for the promises
and other consideration provided in this Agreement, Plaintiffs, for themselves
and their past, present or future heirs, beneficiaries, executors, administrators,
officers, employees, directors, agents, attorneys, contributors, successors and
assigns ("Plaintiff Releasors"), do, upon entry of Judgment by the Court, fully
release, acquit, waive and forever discharge the City, including its current, past
and future City Council members, Mayors, administration, employees,
consultants, contractors, agents, attorneys, successors and assigns ("Defendant
Releasees"), from any and all claims, actions, causes of action, factual
allegations, demands (including, without limitation, demands for equitable and
injunctive relief) debts, damages, costs, expenses, including expert fees, losses,
or attorneys' fees of whatever nature, involving the City's electoral system, or
elections held thereunder, whether or not known, suspected or claimed, arising
out of, based on, or in any way related to (i) the facts alleged (or facts that could
have been alleged) in the complaint filed in the CVRA Action, or (ii) the "at -
large" electoral system of Defendant City, including, but not limited to Claims
based upon the Constitution of the United States of America, the Constitution
of the State of California, the CVRA, including a claim that the electoral system
provided for in paragraph (a) of Exhibit i hereto is in violation of the CVRA,
Section 2 of the federal Voting Rights Act, California Government Code § 34870
et seq., California Government Code § 3490o et seq., ("Claims"), which Claims
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the Plaintiff Releasors have or may have against the Defendant Releasees,
except for rights to enforce this Agreement and the Judgment. In this
Paragraph, the conjunctive includes the disjunctive.
5.2 Release by City. In return for the promises and other
consideration provided in this Agreement, and except as provided in paragraph
2J, above, the City, for itself and its current, past and future City Council
members, Mayors, administration, employees, consultants, contractors, agents,
attorneys, successors and assigns ("Defendant Releasors") does, upon entry of
Judgment by the Court, fully release, acquit, waive and forever discharge
Plaintiffs, including their heirs, beneficiaries, executors, administrators,
officers, employees, directors, agents, partners, members, contributors,
successors and assigns ("Plaintiff Releasees"), from any and all claims, actions,
causes of action, factual allegations, demands (including without limitation
demands for equitable and injunctive relief) debts, damages, costs, expenses,
including expert fees, losses, or attorneys' fees of whatever nature, related to
Plaintiffs' CVRA Action, whether or not known, suspected or claimed, arising
out of, based on, or in any way related to the facts alleged (or facts that could
have been alleged) in the complaint filed in the CVRAA Action, which Claims the
Defendant Releasors have or may have against the Plaintiff Releasees, except
for rights to enforce this Agreement, or as provided herein. In this Paragraph,
the conjunctive includes the disjunctive.
6. Earess Waiver of All Claims Under California Civil Code Section
1542. It is further understood and agreed that this Agreement extends to all of
the above -described Claims and potential Claims, and that all rights under
California Civil Code § 1542 are hereby expressly waived by the Parties for
themselves and the other Releasors with respect to all such Claims. Section 1542
provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE 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
HER, WOULD HAVE MATERIALLY AFFECTED HIS
OR HER SETTLEMENT WITH THE DEBTOR OR
RELEASED PARTY."
Notwithstanding these provisions of Section 1542, Plaintiffs and Defendant
expressly acknowledge that this Agreement is intended to include in its effect,
without limitation, all Claims described in Paragraph 5.1 and 5.2, which they do
not know or suspect to exist in their favor at the time of execution hereof and
that the settlement reflected in this Agreement contemplates the
extinguishment of all such Claims, except for rights to enforce this Agreement.
7. Non -Admission_ of Liability. This Agreement, including the
Stipulation for Entry of Judgment and the [Proposed) Judgment, pertains to
disputed Claims under statutes, and is not intended to be, and shall not be
construed as an admission by any of the Parties of any violation of any statute
or law or constitution, or any other improper or wrongful conduct.
S. Admissibility of this Agreement. This Agreement constitutes a
compromise of disputed claims and shall not be treated as an admission of
liability by any of the Parties or any of the Releasees at any time or for any
reason. This Agreement shall not be admissible in any legal or administrative
proceeding between the City and Plaintiffs. Notwithstanding the generality of
the foregoing, the Parties agree that once it is signed by the Parties this
Agreement shall be further binding and admissible in any judicial or
administrative proceeding: (a) to enforce the terms of the Stipulated Judgment
entered under Paragraph x of this Agreement pursuant to California Code of
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Civil Procedure § 664.6 or otherwise; and (b) for breach of this Settlement
Agreement's provisions.
g. Integration. This Agreement constitutes the final and complete
agreement of the Parties hereto with respect to the subject matter hereof and
supersedes all prior or contemporaneous negotiations, promises, covenants,
agreements or representations concerning any matters directly, indirectly or
collaterally related to the subject matter of this Agreement. This Agreement
further sets forth the rights and obligations of the Parties hereto. The Parties
hereto have expressly and intentionally included in this Agreement all collateral
or additional agreements which may, in any manner, touch or relate to any of
the subject matter of this Agreement and, therefore, all promises, covenants and
agreements, collateral or otherwise, are included herein. The Parties
acknowledge that in entering into this Agreement, neither have relied on any
statement, promise, representation or warranty whatsoever, which is not
expressly contained herein. It is the intention of the Parties to this Agreement
that it shall constitute an integration of all their agreements, and each
understands that in the event of any subsequent litigation, controversy or
dispute concerning any of its terms, conditions or provisions, no party hereto
shall be permitted to offer or introduce any oral or extrinsic evidence
concerning any other alleged collateral or oral agreement between the Parties
not included herein.
1o. Amendment. This Agreement cannot be amended, modified or
waived except by a writing executed by the Party to be charged, which expresses,
by its terms, an intention to modify this Agreement.
11. Construction of Agreement. This Agreement shall be construed as
a whole in accordance with its fair meaning and in accordance with the laws of
the State of California and any applicable laws of the United States. The
language of the Agreement shall not be construed for or against any particular
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party by reason of its participation or lack of participation in draft any provision
of the Agreement. This Agreement shall be interpreted and construed as if
drafted by each of the Parties with equal participation in the drafting hereof.
The headings used herein are for reference only and shall not affect the
construction of this Agreement.
12. Representation of Counsel. Each of the Parties expressly
acknowledges and represents that it has been represented by counsel in
negotiations culminating in this Agreement. Each of the Parties has read this
Agreement, reviewed the same with counsel, and fully understands the meaning
and effect of each and every provision of this Agreement, in particular the
meaning and effect of the releases and the waiver of rights under California Civil
Code § 1342.
13. Auth ri . The undersigned represent and warrant that they have
taken all actions and obtained all authorizations, consents and approvals as are
conditions precedent to their authority to execute this Agreement.
14. Execution in Counterparts. This Agreement may be executed in
counterparts, which will be binding upon the Parties hereto as if all of said
Parties executed the original hereof. This Agreement may be executed by
facsimile or scan signatures. Delivery of this Agreement bearing a facsimile or
scanned signature or signatures shall have the same force and effect as if the
Agreement bore an inked original signature or signatures.
16. Choice of LawZ3urisdiction. The Court where the CVRA Action was
filed will retain jurisdiction over this matter under California Code of Civil
Procedure Section 664.6 in the event of a default by any of the Parties and be
allowed to enforce the terms of this Agreement.
16. Enforcement of Agreement. In the event that any action in law or
equity is initiated by any party to enforce the provisions of this Agreement, to
obtain a declaration of rights and obligations in conjunction therewith, or
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otherwise arising out of this Agreement, attorneys' fees may be available to the
prevailing party or parties pursuant to Code of Civil Procedure section 1021.5,
Elections Code 1403o and/or another applicable statute.
17. Severance of Void Unenforceable Provisions. Each of the Parties
acknowledges and agrees that the terms and conditions of this Agreement are
valid, binding, and enforceable as to it. In the event, however, that any term,
provision, covenant, or condition of this Agreement shall be declared invalid,
void, or unenforceable by a final judgment or other final judicial determination,
such portion shall be deemed severed from this Agreement and, except as
provided in Paragraph 1, the remaining parts shall remain in further force and
effect, so long as the economic and legal substance of the transaction
contemplated thereby are not affected in any manner materially adverse to any
Party to this Agreement. Upon any binding determination that any term or
other provision of this Agreement is invalid, void, or unenforceable, the Parties
shall negotiate in good faith to modify the Agreement so as to effect the original
intent of the Parties as closely as possible in an acceptable and legally
enforceable manner in order that the transaction contemplated thereby may be
effected to the fullest extent possible.
IN WITNESS WHEREOF, the Parties have executed this Agreement on
the dates set forth opposite their respective signatures.
Dated: October 2019
Dated: October �, 2019
Lorraine Salas
Karina Quintanilla
Me
affiwAse arismz out of this AgPeel t, d try' fees rwv be available to the
pfe%'aUft Fad or partim pursuant to Code of Ovfl Proce&m anion 1021
moons Code -i4 o a*or imother a lieable 4Atute.
ackno% Wge.q and agrees dwt the tee and co tknis of the Agreement are
valid. biudhg, and enforoubk as to it In the event, hawewr, that aW term,
pro v-iom mot, or edition of this Agrement shall be declared luvaW,
v old, ar unable by a final judgm4 or other final jud ai det minatic ,
tmerh portion sixal be deemed seve d , ram this kueement and, except ws
pw-ided in Patasmph x. the remalnimg paru shall mmin in further .fixw amd
e-fkt, so long as ffic luvrwynic and legal mbstance of the ftawmdion
contemplated thereby am nntaffeded in any manner x t riaRy adverse fo any
Pam 0 t : gn-enzerit. Upm any binding deter thA any teem to
{ether provision of this -Agme :eta* is WwH . vvuid, or,inenfo 't eabie, the Vartiv
shall nrgotwV ui gc xi f tax t the Agree mimt so wN to effect the or€leinal
intent of the Parts u closely as tx>ssA ie ist an atvmtaNe and le gAlly
onto bk ma=er in o4a that the item amtemplated there , =Y he
cif ct.ed to the fuHest extent po bie.
l S WITN ESS 10FEAF F. the Pa6es have a eck&43- this 14gwinrot oit
the dwrs art forth oppotsite their mVectikwe s %inatures.
ated. Alp%,et0*r Iff, 2049- -a-
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fated.: November 4, 2oia _
Kannar Qui ni RniIla
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WV-4—en-fDx—r-eAb-Ir, Pra dsions. Each of the Parties
acknowledges and agrees that the terms and conditions of this Agreement are
Valid, binding, and enforceable as to it. In the event, however, that any term,
Provision, covenant, or condition of this Agreement shall be declared invalid,
void, or unenforceable by a final judgment or other final judicial determination,
such portion shall be deemed severed from this Agreement and, except as
provided in Paragraph x, the remaining parts shall remain in further force and
effect, so long as the economic and legal substance of the transaction
contemplated thereby are not affected in any manner materially adverse to any
Party to this Agreement. Upon any binding determination that any term o
other provision of this Agreement is invalid, void, or unenforceable, the Partie
shall negotiate in good faith to modify the Agreement so as to effect the origin
intent of the Parties as closely as possible in an acceptable and legs
enforceable manner in order that the transaction contemplated thereby may
effected to the fullest extent possible.
IN WITNESS WHEREOF, the Parties have executed this Agreement
the dates set forth opposite their respective signatures.
Dated: October_-, 2019
Dated: Octobek2�j 2019
Lorraine Saws R
Dated: October �, 2019
APPROVED AS TO FORM
Dated: October 31 , 2019
Dated: October 2019
CITY OF PALM DESERT
um
GOLDSTEIN BORGEN
DARDARIAN & HO LLP
SHENKMAN & HUGHES PC
By.
MORRIS J. BALLER
KEVIN SHENKMAN
Attorney for Plaintiffs
LORRAINE SALAS and
KARINA QUINTANILLA
CITY OF PALM DESERT CITY ATTORNEY
ROBERT HARGREAVES
City Attorney for Defendant
CITY OF PALM DESERT
Dated: October 2019 NIELSEN MERKSAMER
PARRINELLO GROSS & LEONI up
By:
CHRISTOPHER E. SKINNELL
Attorneys for Defendant
CITY OF PALM DESERT
11
Dated: Novembers, 2019 CITY OF PALM DESERT
BY:.
APPROVED AS TO FORM
Dated: November—, 2019 GOLDSTEIN BORGEN
DARDARIAN & HO LLP
SHENKMAN & HUGHES PC
LIN
Dated: November
� y
MORRIS J. BALLER
KEVIN SHENKMAN
Attorney for Plaintiffs
LORRAINE SALAS and
KARINA QUINTANILLA
F PALM�ZSERT CITY ATTORNEY
CITY OF PALM
Defendant
Dated: November 20, 2019 NIELSEN MERKSAMER
PARRINELLO GROSS & LEONI LLr
By:
CHRISTOPHER E. SKINNELL
Attorneys for Defendant
CITY OF PALM DESERT
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