SETTLEMENT AND MUTUAL RELEASE AGREEMENT between Plaintiff Jennifer Da Silva (“Plaintiff”), and Defendant City of Carmel-by-the-Sea: ‘PAYMENTS. As compensation for all claims of Plaintiff and consideration for the promises contained in this settlement and release, Defendants hereby agree to pay to Jennifer Da Silva and L+G, LLP, the total sum of one hundred fifty thousand dollars ($150,000.00).’

ABSTRACT: RE: Da Silva, Jennifer vs. City of Carmel-By-The-Sea, et. al. Case Type: Civil Rights Unlimited (08) Case Number: M132929 Filing Date: 08/07/2015
Pertinent legal and insurance document copies are embedded, including COMPLAINT FOR DAMAGES, DEMURRER OF DEFENDANTS CITY OF CARMEL-BY-THE-SEA AND SERGEANT LUKE E. POWELL TO COMPLAINT OF PLAINTIFF JENNIFER DA SILVA, MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEMURRER OF DEFENDANTS CITY OF CARMEL-BY-THE-SEA AND SERGEANT LUKE E. POWELL TO COMPLAINT OF PLAINTIFF JENNIFER DA SILVA, DEFENDANTS CITY OF CARMEL-BYTHE-SEA AND LUKE E. POWELL'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS' DEMURRER TO COMPLAINT OF PLAINTIFF JENNIFER DA SILVA, ANSWER OF DEFENDANTS CITY OF CARMEL BY-THE-SEA AND SERGEANT LUKE E. POWELL TO COMPLAINT OF PLAINTIFF JENNIFER DA SILVA, ANSWFR OF DEFENDANTS CITY OF CARMEL BY-THE-SEA AND SERGEANT LUKE E. POWELL TO COMPLAINT OF PLAINTIFF JENNIFER DA SILVA, DEFENDANTS CITY OF CARMEL BY-THE-SEA AND LUKE E. POWELL'S NOTICE OF WITIIDRAWAL OF DEMURRER, NOTICE OF TRIAL, PLAINTIFF'S CASE MANAGEMENT STATEMENT, SETTLEMENT AND MUTUAL RELEASE AGREEMENT, CSAC EXCESS INSURANCE AUTHORITY PRIMARY GENERAL LIABILITY PROGRAM CERTIFICATE OF COVERAGE and CSAC EXCESS INSURANCE AUTHORITY GENERAL LIABILITY I PROGRAM MEMORANDUM OF COVERAGE DECLARATIONS.

REFERENCE:

Lawsuit against city settled for $150K

By MARY SCHLEY, The Carmel Pine Cone, November 25, 2016, 20A

15 08-07 FILED Complaint_Redacted by L. A. Paterson on Scribd

08/07/15 COMPLAINT FOR DAMAGES

15 09-28 FILED City's Demurrer_Redacted by L. A. Paterson on Scribd

09/28/15 DEMURRER OF DEFENDANTS CITY OF CARMEL-BY-THE-SEA AND SERGEANT LUKE E. POWELL TO COMPLAINT OF PLAINTIFF JENNIFER DA SILVA

15 09-28 FILED City's Memo Pts of Authorities ISO Demurrer_Redacted by L. A. Paterson on Scribd

09/28/15 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF
DEMURRER OF DEFENDANTS CITY OF CARMEL-BY-THE-SEA AND SERGEANT LUKE E. POWELL TO COMPLAINT OF PLAINTIFF JENNIFER DA SILVA.

15 09-28 FILED City's RJN ISO Demurrer_Redacted by L. A. Paterson on Scribd

09/28/15 DEFENDANTS CITY OF CARMEL-BYTHE-SEA AND LUKE E. POWELL'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS' DEMURRER TO COMPLAINT OF PLAINTIFF JENNIFER DA SILVA

15 09-28 FILED City's Answer to Complaint_Redacted by L. A. Paterson on Scribd

09/28/15 ANSWER OF DEFENDANTS CITY OF CARMEL BY-THE-SEA AND SERGEANT LUKE E. POWELL TO COMPLAINT OF PLAINTIFF JENNIFER DA SILVA

15 10-27 FILED City's Notice of Withdrawal of Demurrer_Redacted by L. A. Paterson on Scribd

10/27/15 DEFENDANTS CITY OF CARMEL BY-THE-SEA AND LUKE E. POWELL'S NOTICE OF WITIIDRAWAL OF DEMURRER

16 01-11 FILED Notice of Trial by L. A. Paterson on Scribd

01-11-16 NOTICE OF TRIAL

16 11-08 Pltf's Case Mgmt Stmt_Redacted by L. A. Paterson on Scribd

11/08/16 PLAINTIFF'S CASE MANAGEMENT STATEMENT

16 11-21 Da Silva v Carmel - Mutual Sett Agmt FULLY EXECUTED_Redacted by L. A. Paterson on Scribd

11/21/16 SETTLEMENT AND MUTUAL RELEASE AGREEMENT

16-17 Liability MOC-1st Layer by L. A. Paterson on Scribd

CSAC EXCESS INSURANCE AUTHORITY
PRIMARY GENERAL LIABILITY PROGRAM
CERTIFICATE OF COVERAGE

16-17 Liability MOC-2nd Layer by L. A. Paterson on Scribd

CSAC EXCESS INSURANCE AUTHORITY
GENERAL LIABILITY I PROGRAM
MEMORANDUM OF COVERAGE
DECLARATIONS

JENNIFER DA SILVA, Plaintiff, vs. CITY OF CARMEL-BY-THE-SEA; LUKE E. POWELL, individually and in his official capacity as a Police Officer for the CITY OF CARMEL-BY-THE-SEA; COUNTY OF MONTEREY; MONTEREY COUNTY SHERIFF'S OFFICE, and DOES 1 through 50, inclusive, Defendants. Case No. M132929

ABSTRACT: At the City Council Meeting on May 2, 2016, the City Council continued to the June City Council Meeting existing litigation:
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Jennifer Da Silva, Plaintiff v. City of Carmel-by-the-Sea, Monterey
County Superior Court Case No. M132929
The City of Carmel-by-the-Sea’s DEMURRER OF DEFENDANTS CITY OF CARMEL-BY-THE-SEA AND SERGEANT LUKE E. POWELL TO COMPLAINT OF PLAINTIFF JENNIFER DA SILVA, [PROPOSED] ORDER ON DEMURRER OF DEFENDANTS CITY OF CARMEL-BY-THE-SEA AND SERGEANT LUKE E. POWELL TO COMPLAINT OF PLAINTIFF JENNIFER DA SILVA, ANSWER OF DEFENDANTS CITY OF CARMEL BY-THE-SEA AND SERGEANT LUKE E. POWELL TO COMPLAINT OF PLAINTIFF JENNIFER DA SILVA, MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEMURRER OF DEFENDANTS CITY OF CARMEL-BY-THE-SEA AND SERGEANT LVKE E. POWELL TO COMPLAINT OF PLAINTIFF JENNIFER DA SILVA, DEFENDANTS CITY OF CARMEL-BY-THE-SEA AND LUKE E. POWELL'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS' DEMURRER TO COMPLAINT OF PLAINTIFF JENNIFER DA SILVA and NOTICE OF HEARING ON THE DEMURRER OF DEFENDANTS CITY OF CARMEL-BY-THE-SEA AND SERGEANT LUKE POWELL TO COMPLAINT OF PLANITIFF JENNIFER DA SILVA document copies are embedded. According to the Monterey County Superior Court website, Conference: Settlement is scheduled for August 12, 2016 at 1:30 P.M., Department 14; a Jury Trial is scheduled for September 12, 2016 at 8:30 A.M., Department 15.

Case No. 132929 09-28-15 City's Demurrer to Complaint by L. A. Paterson

Case No. M132929
DEMURRER OF DEFENDANTS CITY OF CARMEL-BY-THE-SEA AND SERGEANT LUKE E. POWELL TO COMPLAINT OF PLAINTIFF JENNIFER DA SILVA
Dated: September 23, 2015

Case No. 132929 09-28-15 City's Proposed Order on Demurrer by L. A. Paterson

Case No. M132929
[PROPOSED] ORDER ON DEMURRER OF DEFENDANTS CITY OF CARMEL-BY-THE-SEA AND SERGEANT LUKE E. POWELL TO COMPLAINT OF PLAINTIFF JENNIFER DA SILVA

Case No. 132929 09-28-15 City's Answer to Complaint by L. A. Paterson

Case No. M132929
ANSWER OF DEFENDANTS CITY OF CARMEL BY-THE-SEA AND SERGEANT LUKE E. POWELL TO COMPLAINT OF PLAINTIFF JENNIFER DA SILVA
Dated: September 24, 2015

Case No. 132929 09-28-15 City's Memorandum ISO Demurrer by L. A. Paterson

Case No. M132929
DEFENDANTS CITY OF CARMEL-BY-THE-SEA AND LUKE E. POWELL'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS' DEMURRER TO COMPLAINT OF PLAINTIFF JENNIFER DA SILVA
Dated: September 24, 2015

Case No. 132929 10-09-15 City's Notice of Demurrer Hearing by L. A. Paterson

Case No. M132929
NOTICE OF HEARING ON THE DEMURRER OF DEFENDANTS CITY OF CARMEL-BY-THE-SEA AND SERGEANT LUKE POWELL TO COMPLAINT OF PLANITIFF JENNIFER DA SILVA

COMPLAINT FOR DAMAGES: JENNIFER DA SILVA, Plaintiff, vs. CITY OF CARMEL-BY-THE-SEA; LUKE E. POWELL, individually and in his official capacity as a Police Officer for the CITY OF CARMEL-BY-THE-SEA; COUNTY OF MONTEREY; MONTEREY COUNTY SHERIFF'S OFFICE, and DOES 1 through 50, inclusive, Defendants. Case No. M132929, SUPERIOR COURT OF CALIFORNIA COUNTY OF MONTEREY- UNLIMITED JURISDICTION

ABSTRACT: On August 7, 2015, Jennifer Da Silva filed a COMPLAINT FOR DAMAGES against CITY OF CARMEL-BY-THE-SEA; LUKE E. POWELL, individually and in his official capacity as a Police Officer for the CITY OF CARMEL-BY-THE-SEA; COUNTY OF MONTEREY; MONTEREY COUNTY SHERIFF'S OFFICE, and DOES 1 through 50, inclusive. FIRST CAUSE OF ACTION 42 U.S.C. § 1983-VIOLATION OF CIVIL RIGHTS (Against Defendants LUKE E. POWELL and CITY OF CARMEL-BY-THE-SEA); SECOND CAUSE OF ACTION FALSE IMPRISONMENT (Against Defendants LUKE E. POWELL and CITY OF CARMEL-BY-THE-SEA); THIRD CAUSE OF ACTION BATTERY (Against Defendants LUKE E. POWELL and CITY OF CARMEL-BY-THE-SEA); FOURTH CAUSE OF ACTION INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (Against Defendants LUKE E. POWELL and CITY OF CARMEL-BY-THE-SEA); FIFTH CAUSE OF ACTION MALICIOUS PROSECUTION (Against Defendants DOE 1, COUNTY OF MONTEREY, And MONTEREY COUNTY SHERIFF'S OFFICE); SIXTH CAUSE OF ACTION INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (Against Defendants DOE 1, COUNTY OF MONTEREY, And MONTEREY COUNTY SHERIFF'S OFFICE); SEVENTH CAUSE OF ACTION NEGLIGENCE (Against Defendants LUKE E. POWELL and CITY OF CARMEL-BY-THE-SEA); and EIGHTH CAUSE OF ACTION NEGLIGENCE (Against Defendants DOE 1, COUNTY OF MONTEREY, And MONTEREY COUNTY SHERIFF'S OFFICE).
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully prays for judgment against Defendants as follows:
1. For an award of compensatory damages from Defendants, jointly and severally, in an amount to be proven at trial;
2. For an award of punitive damages against the individual defendants sued in their personal capacity for all actions complained of, including those outside the scope of the employment;
3.For an award of attorneys' fees and cost of suit; and
4. For such other and fu1iher relief as the court may deem just and proper.
The COMPLAINT FOR DAMAGES document copy is embedded. Schedule Events includes Case Management Conference, December 8, 2015 at 9:00 A.M., Courtroom 14, Monterey Courthouse.

REFERENCE: Cell to Cell Cell phone squabble bloodies Carmel mom. David Schmalz, Posted: Thursday, August 27, 2015, MONTEREY COUNTY WEEKLY

Da Silva vs. City of Carmel Et Al. (m132929) Mcsc

COMPLAINT FOR DAMAGES

JENNIFER DA SILVA, Plaintiff, vs. CITY OF CARMEL-BY-THE-SEA; LUKE E. POWELL, individually and in his official capacity as a Police Officer for the CITY OF CARMEL-BY-THE-SEA; COUNTY OF MONTEREY; MONTEREY COUNTY SHERIFF'S OFFICE, and DOES 1 through 50, inclusive, Defendants. 

Case No. M132929

SUPERIOR COURT OF CALIFORNIA 

COUNTY OF MONTEREY- UNLIMITED JURISDICTION