HomeMy WebLinkAboutLopeman, Jami - 110419 3-01) " Tk(*(-t, .)e1)11A : g13-0
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6 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
7 IN AND FOR JEFFERSON COUNTY
8 JEFFERSON COUNTY ) Case No.: 19-2-00017-16
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9 Petitioner/Appellant, ) District Court Case No. 17190
10 vs. )
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11 JAMI LOPEMAN )
) SETTLEMENT AGREEMENT
12 Respondent/Appelle, )
13 )
14 WHEREAS, Petitioner/Appellant Jefferson County ("Jefferson County") filed a timely
15 notice of appeal for the above-entitled District Court case in Superior Court. Jefferson County
16 challenged the District Court's May 6, 2019 Findings and Order on Vehicle Impound Hearing;
17 WHEREAS, the challenged District Court's May 6, 2019 Findings and Order on Vehicle
18 Impound Hearing required Jefferson County to reimburse Respondent/Appelle Jami Lopeman
19 ("Ms. Lopeman") for the towing, impound, and storage charges in the amount of$515.03;
20 WHEREAS, Jefferson County and Ms. Lopeman will be collectively referred to as the
21 "Parties";
22 WHEREAS, the Parties have fully briefed the appeal for the above-entitled case and the
23 Parties were prepared for oral argument;
24 WHEREAS, Jefferson County alleges that notice and service was ineffective and
25 improper in the District Court case, in addition to other grounds for the appeal;
26 WHEREAS, both Ms. Lopeman asserted defenses Jefferson County's appeal; and,
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28 SETTLEMENT AGREEMENT James Kennedy
PAGE 1 Jefferson County Prosecuting Attorney
1820 Jefferson Street/P.O.Box 1220
Port Townsend,WA 98368
(360)385-9180
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1 NOW THEREFORE, the Parties by and through their signatures agree to settle the above
2 captioned case on the following terms:
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1. Consideration. The Parties agree as follows:
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1.1. Jefferson County agrees to reimburse Respondent within fifteen (15) days of
5 execution of this Agreement for the towing, impound, and storage costs of$515.03.
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1.2. In consideration for a refund of the towing, impound, and storage costs, as
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described above in Section 1.1, Ms. Lopeman agrees to cooperate and agree to vacating the
8 District Court's May 6, 2019 Findings and Order on Vehicle Impound Hearing.
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1.3. Jefferson County shall file a CRLJ 60 motion to vacate the District Court's May
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6, 2019 Findings and Order on Vehicle Impound Hearing.
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1.3.1. Ms. Lopeman shall sign an agreed order or not oppose a motion to vacate the
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District Court's May 6, 2019 Findings and Order on Vehicle Impound Hearing.
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1.4. Once the District Court's May 6, 2019 Findings and Order on Vehicle Impound
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Hearing is vacated, Jefferson County will file a motion to dismiss the District Court case in the
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above-entitled case with prejudice and without costs.
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1.4.1. Ms. Lopeman shall sign an agreed order or not oppose a motion dismissing the
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District Court case in the above-entitled case with prejudice and without costs.
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1.5. Once the District Court case is dismissed, Jefferson County shall file a motion to
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dismiss the Superior Court appeal in the above-entitled case.
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1.5.1. Ms. Lopeman shall sign an agreed order or not oppose a motion dismissing the
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Superior Court appeal in the above-entitled case.
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2. Release. Respondent releases all claims against Jefferson County, its elected
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officials, employees, officers, and attorneys arising from the claim, as well as any other claims
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for damages, debts, losses, expenses, warranty, attorney's fees, rights of action, and causes of
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action, whether statutory, contractual, based in tort, and whether at law or in equity, past, present
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or future, known or unknown relating to this claim or hearing that may exist on the date the last
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Party signs this Agreement.
28 SETTLEMENT AGREEMENT James Kennedy
PAGE 2 Jefferson County Prosecuting Attorney
1820 Jefferson Street/P.O.Box 1220
Port Townsend,WA 98368
(360)385-9180
1 3. Representations and Warranties. The Parties represent and warrant as follows:
2 3.1. That Ms. Lopeman expressly has the authority to execute this Agreement and that
3 this Agreement as so executed shall be binding upon Ms. Lopeman, her heirs, executors,
4 administrators, agents, representatives, successors, and assigns;
5 3.2. That, upon approval of the Board of County Commissioners, Jefferson County
6 expressly has the authority to execute this Agreement and that this Agreement as so executed
7 shall be binding upon Jefferson County, its agents, representatives, successors, and assigns;
8 3.3. That the representations, terms, and conditions of this Agreement shall endure
9 forever and shall survive the execution of this Agreement and the settlement of the claims
10 described in it; and,
11 3.4. That the Parties have read and fully understand and assent to the representations,
12 terms, and conditions of this Agreement.
13 4. General Conditions. The parties agree to the following general conditions:
14 4.1. Controlling Law. It is understood and agreed that this Agreement is entered into
15 in the State of Washington. It is agreed that this Agreement shall be governed by and construed
16 in accordance with the laws of the United States and of the State of Washington as if applied to
17 transactions entered into and to be performed wholly within Washington between Washington
18 residents. No Party shall argue or assert than any law other than Washington law applies to the
19 governance or construction of this Agreement.
20 4.2. Entire Agreement. No representation or promise not expressly contained in this
21 Agreement has been made. The Parties to this Agreement further acknowledge that they are not
22 entering into this Agreement based on any promise or representation, expressed or implied,
23 which is not expressly contained in this Agreement. This Agreement supersedes any prior
24 agreement with respect to those subjects embraced within this Agreement. This Agreement
25 memorializes the entire agreement of the Parties.
26 4.3. No Assignment. The Parties represent, warrant and agree that they have not
27 assigned, transferred, conveyed, encumbered or in any manner otherwise disposed of all or any
28 SETTLEMENT AGREEMENT James Kennedy
PAGE 3 Jefferson County Prosecuting Attorney
1820 Jefferson Street/P.O.Box 1220
Port Townsend,WA 98368
(360)385-9180
1 portion of the claims, actions, causes of action, suits, potential causes of action, demands,
2 disputes, rights, obligations, or interests of any nature or kind whatsoever covered by this
3 Agreement, whether before or after they occurred, regardless of whether they have occurred as of
4 the date of this Agreement.
5 4.4. No Inducements. The Parties acknowledge that there have been no inducements
6 or representations upon which any of the Parties have relied entering into this Agreement, except
7 as expressly set forth in this Agreement.
8 4.5. No Third-Party Beneficiaries. The Parties do not intend, and nothing in this
9 Agreement shall be construed to mean, that any provision in this Agreement is for the benefit of
10 any person or entity who is not a Party.
11 4.6. Modification of this Agreement. This Agreement may be amended or
12 supplemented only by a writing that is signed by duly authorized representatives of all the
13 Parties.
14 4.7. Signature in Counterparts. The Parties agree that separate copies of this
15 Agreement may be signed by each of the Parties and this Agreement will have the same force
16 and effect as if all the Parties had signed the original.
17 4.8. Facsimile Signatures. The Parties agree that facsimile signatures sent by fax or
18 email will have the same force and effect as original signatures.
19 4.9. Cooperation. The Parties agree that they shall facilitate, in good faith, the
20 effectuation of this Agreement.
21 4.10. Voluntary Undertaking. The Parties acknowledge that they have read this
22 Agreement and are fully aware of the contents of this Agreement and its legal effect.
23 4.11. Investigation and Complete Understanding. The Parties acknowledge that they
24 have made such investigation of the facts pertaining to this Agreement and all matters contained
25 herein as they deem necessary, desirable, or appropriate. The Parties expressly understand that
26 the facts later may turn out to be other than or different from the facts now known or believed to
27 be true. The Parties expressly assume the risk of such different facts and agree that all provisions
28 SETTLEME:ST AGREEMENT James Kennedy
PAGE 4 Jefferson County Prosecuting Attorney
1820 Jefferson Street/P.O.Box 1220
Port Townsend,WA 98368
(360)385-9180
1 of this Agreement shall remain in all respects effective and enforceable and not subject to
2 termination or rescission by reason of any such different facts.
3 4.12. Independent Legal Advice and Investigation. In entering into this Agreement, the
4 Parties acknowledge that they have received independent legal advice from their own counsel
5 and have relied on their own investigation and upon the advice of their own attorney with respect
6 to the advisability of making the settlement provided in this Agreement.
7 4.13. No Oral Waiver. No term or provision of this Agreement will be considered
8 waived by either Party, and no breach excused by either Party, unless such waiver or consent is
9 in writing signed on behalf of the Party against whom the waiver is asserted. No consent by
10 either Party to, or waiver of, a breach by either Party, whether express or implied, will constitute
11 a consent to, waiver of, or excuse of any other, different, or subsequent breach by either Party.
12 4.14. Arms-Length Negotiations. The Parties agree that this Agreement has been
13 negotiated at arms-length, with the assistance and advice of competent, independent legal
14 counsel.
15 4.15. Vigorously Contested Claims. This Agreement is a settlement of claims which
16 were vigorously contested, denied, and disputed as to validity and amount.
17 4.16. Joint Drafting Effort. The Parties acknowledge and agree that the drafting of this
18 Agreement has been a joint effort by the Parties and that this Agreement shall not be deemed
19 prepared or drafted by any one of the Parties. The terms of this Agreement shall be interpreted
20 fairly and in accordance with their intent and not for or against any one of the Parties. The
21 Parties further acknowledge and agree that each of the Parties possess equal bargaining power
22 with respect to this Agreement.
23 4.17. Admissibility of this Agreement. Any evidence of the existence, terms or
24 negotiation of this Agreement shall be inadmissible in any litigation, provided, however, that
25 such evidence may be offered in any dispute concerning this Agreement itself and the Parties
26 may offer such evidence in response to any allegation of misconduct by them. This Agreement
27 has been entered into in reliance upon the provisions of Rule 408 of the Federal Rules of
28 SETTLEMENT AGREEMENT James Kennedy
PAGE 5 Jefferson County Prosecuting Attorney
1820 Jefferson Street/P.O.Box 1220
Port Townsend,WA 98368
(360)385-9180
1 Evidence ER 408, and similar state law provisions in other states which preclude the introduction
2 of evidence regarding settlement negotiations or agreements.
3 4.18. No Admission of Liability. The payment of the amounts described in this
4 Agreement is for the compromise of disputed claims, and neither such payment nor its receipt
5 shall be construed as an admission by either Party. By entering into this Agreement, the Parties
6 make no admission that they have any liability or obligation to each other or to any other person.
7 Each Party understands and agrees that nothing in this Agreement is intended to nor shall be
8 deemed nor construed to be an admission of liability by any Party in any respect or to any extent
9 whatsoever.
10 4.19. Severability. Provided it does not result in a material change in the terms of this
11 Agreement, if any provision of this Agreement or the application of this Agreement to any
12 person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of
13 this Agreement and the application this Agreement shall not be affected and shall be enforceable
14 to the fullest extent permitted by law.
15 4.20. Additional Documents and Action. Each Party to this Agreement agrees to
16 execute, or cause their counsel to execute on their behalf, any additional documents and to take
17 any further action which may reasonably be required to fulfill the obligations of the Parties under
18 this Agreement.
19 IN WITNESS WHEREOF, the undersigned have executed this Settlement Agreement
20 on the date inserted by their respective signatures.
21 (SIGNATURES FOLLOW ON NEXT PAGES)
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28 SETTLEMENT AGREEMENT James Kennedy
PAGE 6 Jefferson County Prosecuting Attorney
1820 Jefferson Street/P.O.Box 1220
Port Townsend,WA 98368
(360)385-9180
1 JAMI LOPEMAN
2 yy
3 Dated: \ lJ\
By: v ttrap ‘61
4 Ja i Lopeman
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6 JEFFERSON COUNTY
7 y.„)0,
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8 Dated: i"LQ„/-e/y-E r (// .0/9 By:
Kate Dean, Chair
9 Jefferson County Board of Commissioners
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ADD roved as to form only:
11 e• Date: d.0,4q/
Philip C. Hunsucker,Chief Civil Deputy Prosecuting Attorney
17 Jefferson County Prosecuting Attorney's Office
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28 SETTLEMENT AGREEMENT James Kennedy
PAGE 7 Jefferson County Prosecuting Attorney
1820 Jefferson Street/P.O.Box 1220
Port Townsend,WA 98368
(360)385-9180
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Austin Watkins, Civil Deputy Prosecuting Attorney
DATE: October 30,2019
RE: Request for Board of County Commissioners to Approve and Sign
Settlement Agreement with Jami Lopeman to Resolve an Appeal of a
Towing/Impound Case.
STATEMENT OF ISSUE:
On February 21, 2019, Jefferson County Sheriff's Office ("JCSO") impounded Jami Lopeman's
vehicle after a lawful stop of the vehicle and subsequent arrest of the vehicle's driver. The
vehicle was impounded and towed to the JCSO evidence lot and subsequently moved to All City
Autobody & Towing. The total cost of the impound and storage charges was $515.03. Ms.
Lopeman requested a hearing challenging the validity of the impound under RCW 45.55.113. On
May 6, 2019, District Court Judge Walker entered a findings and order on the vehicle impound
hearing requiring Jefferson County to reimburse Ms. Lopeman $515.03 for the impound.
On June 3, 2019, Jefferson County Prosecuting Attorney's Office ("PAO") filed a notice of
appeal in Superior Court challenging the District Court's May 6, 2019 final order. The County
challenged the sufficiency of the order, service, notice, and other claimed errors of law, including
a challenge to whether moving the vehicle from JCSO's evidence lot to All City Autobody &
Towing constituted another tow/impound under the statute. After fully briefing the appeal, the
County and Ms. Lopeman's counsel entered into settlement discussions.
A potential settlement was reached by negotiation between Ms. Lopeman and the County, which
must be approved by the BoCC to be effective. JCSO and PAO recommend that the BoCC
approve the settlement.
ANALYSIS:
The proposed settlement agreement resolves the issues in this case and obtains the County's
desired relief. The proposed settlement agreement requires the following:
• County payment of$515.03 to Ms. Lopeman reimbursing her for the impound/tow;
• Parties are to enter into an agreed order vacating the May 6, 2019 District Court final
order; and,
• Neither party admits fault or guilt.
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The proposed settlement agreement saves the County substantial resources in continuing to
litigate the appeal and potentially litigate other motions in District Court. The County's desired
relief under the appeal was a vacate of the District Court's May 6, 2019 final order. This
proposed settlement agreement achieves the County's desired result of the appeal.
FISCAL IMPACT:
The fiscal impact of the settlement is to receive payment of$515 and avoid the additional costs
and risks of litigation.
RECOMMENDATION:
Approve the settlement and authorize the Chair of the BoCC to sign the settlement agreement on
behalf of Jefferson County.
REVIEWED BY:
0",
404P /04(7(5
' 1 ip Morle,MP ty A ministrator Date
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CONTRACT REVIEW FORM
CONTRACT WITH: Jami Lopeman TRACKING NO.: 19-111
(Contractor/Consultant)
CONTRACT FOR: Settlement Agreement TERM:
COUNTY DEPARTMENT: Prosecuting Attorney's Office
OCT 3 0 2019
For More Information Contact: Philip C. Hunsucker
Contact Phone #: 360-385-9219
RETURN TO: Laura Mikelson RETURN BY: ASAP
(Person in Department) (Date)
AMOUNT: $515.03 PROCESS: El Exempt from Bid Process
El Consultant Selection Process
Revenue El Cooperative Purchase
Expenditure ❑ Competitive Sealed Bid
Matching funds Required ❑ Small Works Roster
Source(s)of Matching Funds ❑ Vendor List Bid
❑ RFP or RFQ
T' Other
Step 1: REVIEW BY ' '+• 1,6 '1 _ E► y' T
Rev' .y: / /07`77r
Date R= ie . ar
APPROVED FORM
❑ Returne. or revision(See Comments)
Co ments
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Step 2: REVIEW BY PROSEC�/ TING ATTORNEY
Review by: ®-e. L7 Philip C.Hunsucker
Date Reviewed: /' f - Chief Civil Deputy Prosecuting Attorney
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[APPROVED AS TO FORM ❑ Returned for revision(See Comments)
Comments
Step 3: (If required)DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK
MANAGEMENT AND PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF
ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit original Contract(s),Agenda Request,and Contract Review form. Also,please send 2 copies of
just the Contract(s)(with the originals)to the BOCC Office. Place"Sign Here"markers on all places the
BOCC needs to sign.
MUST be in BOCC Office by 4:30 p.m.TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)