LE, THERESA V. CITY OF SANTA ANA, (CVRA)

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INSURANCL NOT REQUIRED WORK MAY RROCra „T. CLC "K Oi COUiNCIL SEP 2 5 2018 SETTLEMENT AGREEMENT AND GENERAL RELEASE OF CLAIMS 0WCAO (o A r�cgt kc r d S The parties to this SETTLEMENT AGREEMENT AND GENERAL RELEASE OF CLAIMS ("Agreement") are Theresa Le (referred to as "Plaintiff' herein), on the one hand, and the City of Santa Ana, a California Charter City (sometimes referred to as "Defendant" or "City") and Maria D. Huizar, Clerk of the Council, City of Santa Ana (sometimes referred to as the "individual Defendant" or "Huizar") (collectively, "Defendants"), on the other. These persons and entity 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. L Recitals. 'Che purpose of this Agreement is to settle the action filed in the Orange County Superior Court under the California Voting Rights Act ("CVRA") entitled Theresa Le v. City of Santa Ana and Maria D. Huizar, Clerk of the Council, Case No, 30- 2018-00988426-CU-CR-CJC ("CVRA lawsuit"). A-2018-231 The Parties desire to settle the CVRA Lawsuit and to fully and finally settle any and all matters between them arising out of, or relating to, the CVRA Lawsuit, or any claims that could have been raised in connection with the CVRA Lawsuit or the City's ward -based, at -large electoral system occurring prior to the date of this Agreement, without any further court proceedings (with the exception of a potential motion for Plaintiffs attorneys' fees), trial, appeal or adjudication of any issue of fact or law, and without any admission with respect to such matters. IL Introduction. On March 6, 2018, counsel for Plaintiff mailed a written notice to Defendant Huizar asserting that the City s at -large voting system violated the CVRA. The City did not respond within forty-five (45) days, as provided in California Elections Code section 10010(e)(2). As a result, Plaintiff filed the CVRA Lawsuit on April 25, 2018, alleging that the current at -large method of electing Council Members from wards in the City violates the CVRA, Cal. Elec. Code §§ 14025 et seq. Plaintiff alleges that racially polarized voting (as defined in California Elections Code section 14026(e)) in at -large City Council elections dilutes the voting strength of Asian -American voters in the City in violation of the CVRA. Plaintiff further alleges that racial polarization occurring in Council Member elections denies Asian -American voters a meaningful voice in the political process and prevents Asian -American voters from electing Council Members of their choice, also in violation of the CVRA. The Parties subsequently met and conferred regarding Plaintiffs CVRA claim, and agreed to resolve the claim through this Agreement. This Agreement has been voluntarily entered into by the Parties to this litigation.