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well as any other present or former employees, officers, agents, attorneys, affiliates,
<br />successors, assigns and all other representatives of the City of Santa Ana (collectively,
<br />"Released Parties"), from any and all causes of action, judgments, liens of any kind
<br />(including from Medical or Medicare), indebtedness, damages, losses, claims (including
<br />attorney's fees and costs), liabilities and demands of whatsoever kind and character that
<br />Plaintiffs may now or hereafter have against the City of Santa Ana, prospective or otherwise,
<br />arising from incidents or events occurring on or before the Effective Date of this Agreement
<br />(hereafter collectively, "Released Claims").
<br />C. To the extent permitted by law, this release is intended to be interpreted to
<br />apply to all transactions and occurrences between Plaintiffs and the City of Santa Ana,
<br />arising out of any and all claims related to Plaintiffs' and decedent Adriesue Gomez's
<br />injuries resulting from the April 19, 2015 incident, in which Adriesue Gomez was struck by
<br />motorist Francisco Hernandez, as he was making a left hand tum out of the parking lot of a
<br />99 Cents Store at or about Main Street and 16th Street in the City of Santa Ana, California,
<br />thereby resulting in death to Ms. Gomez and injuries to plaintiffs, and all other losses,
<br />liabilities, claims, charges, demands and causes of action, known or unknown, suspected or
<br />unsuspected, arising directly or indirectly out of or in any way connected with the Action
<br />and/or these transactions or occurrences. Released Claims include, without limitation, any
<br />claim based in tort, contract, common law, the state or federal Constitution, state or federal
<br />statutes, all claims for physical injuries, workers' compensation benefits, illness, damage or
<br />death, emotional distress, loss of wages or earnings (past, present or future) or back pay,
<br />punitive damages, and all other claims, including such claims as may arise under contract,
<br />state or federal law for attorneys' fees, costs and expenses.
<br />D. Plaintiffs acknowledge and agree that the Release and Discharge set forth
<br />above is a general release as it pertains to the City of Santa Ana. Plaintiffs expressly waive
<br />and assume the risk of any and all claims for damages, of whatever nature, which exist as of
<br />this date, but which Plaintiffs do not know or suspect to exist, whether through ignorance,
<br />oversight, error, negligence, or otherwise, and which, if known, would materially affect
<br />Plaintiffs' decision to enter into this Settlement and Release.
<br />E. . Plaintiffs further agree that they have accepted payment of the sum specified
<br />herein as a complete compromise of matters involving disputed issues of law and fact.
<br />Plaintiffs assume the risk that the facts or law may be other than what Plaintiffs believe,
<br />4. NON -ADMISSION OF LIABILITY
<br />It is understood and agreed to by the parties that this settlement is a compromise of a
<br />doubtful and disputed claim, and the payment is not to be construed as an admission of
<br />liability on the part of the City of Santa Ana by whom liability is expressly denied.
<br />5. CONSIDERATION
<br />Upon delivery and execution of a Request for Dismissal, with prejudice, as to the
<br />entire civil action as against Defendant, City of Santa Ana, Plaintiffs agree to the following
<br />payment terms: The City of Santa Ana agrees to pay Plaintiffs the sum of Seventy -Five
<br />Thousand Dollars ($75,000.00).
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