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<br />1'Y( 1K icAY PROC(z'rp
<br />( tLK c f GflUNC,II WAIVER AND RELEASE OF CLAIMS
<br />?LA0 Co si��a�ig
<br />N-2018-221
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<br />This WAIVER AND RELEASE OF CLAIMS ("Release") is entered into by and between
<br />Augustine Rux'and Raymundo Arzola (collectively, the "Plaintiffs"), on the one hand, and the
<br />City of Santa Ana, a California municipal corporation ("City"), ori the other hand. Plaintiffs and
<br />City may be referred to individually as the "Party" or jointly as the "Parties".
<br />RECITALS
<br />WHEREAS, the City imposes a Utility Users Tax ("UUT") on certain telephone service;
<br />WHEREAS, Plaintiffs are residents of the City and purportedly paid the UUT for cellular
<br />telephone service;
<br />WHEREAS, on May 6, 2014, Plaintiffs served a claim on the City alleging it improperly
<br />collected UUT with respect to certain telephone customers in violation of Proposition 62 and
<br />Proposition 218;
<br />WHEREAS, after the City rejected Plaintiffs' claim, Plaintiffs filed a complaint against
<br />the City on July 29, 2014, and a Past Amended Complaint on November 25, 2014, initiating the
<br />instant "Litigation" (Ruiz et al. a City ofSania Ana, Orange County Superior Court Case no. 30-
<br />2014-00736828-CU-MC-CXC).
<br />WHEREAS, as part of the Litigation, Plaintiffs sought a refund of all UUT payments on
<br />behalf of a putative class consisting of all individuals and corporations who paid the UUT on
<br />cellular, long distance landline, and bundled services from 2003 to November 3, 2014;
<br />WHEREAS, the Parties have agreed that Plaintiffs will dismiss this Litigation and waive
<br />their individual claims against the City in return for the City's waiver of any claim for costs
<br />against Plaintiffs.
<br />NOW, THEREFORE, in consideration of the above recitals, the mutual promises and
<br />conditions contained in this Release, and for other valuable consideration, receipt of which is
<br />hereby acknowledged, the Parties agree as follows:
<br />I. Waiver of Claims. Plaintiffs hereby release and forever discharge the City and its
<br />assigns, successors -iii -interest, officers, employees, partners, employers, agents, servants,
<br />accountants, attorneys, insurers, sureties, representatives, and all other persons acting for or on
<br />its behalf, past and present, of and from any and all claims, demands, actions, causes of action,
<br />obligations, damages, liabilities, loss, cost or expense, including attorney fees and costs of any
<br />kind or nature, whatsoever, past or present, ascertained or unascertained, whether or not now
<br />known, suspected or claimed, against the City relating to or arising out of the Litigation, with the
<br />exception of the representations, agreements, covenants, promises and consideration set forth in
<br />this Release. In consideration of Plaintiffs' waiver and promises set forth in this Release, the City
<br />waives all claims for costs arising from the Litigation against Plaintiffs.
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