RITA MARIE GOMEZ, ET AL. V. CITY OF SANTA ANA

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It is expressly acknowledged and understood that in light of the current pendency of various cross-complaints against the City of Santa Ana in this action that are still operative and pending, the City of Santa Ana's payment of the above entitled amount of $75,000.00, and the Plaintiffs' filing of a Request for Dismissal with prejudice, is contingent upon the Court granting a motion for good faith settlement pursuant to Code of Civil Procedure section 877.6 to be filed by the City of Santa Ana, 6. WAIVER OF UNKNOWN CLAIMS It is understood and agreed that this is a full and final Release by Plaintiffs covering all unknown, undisclosed, and unanticipated losses, wrongs, injuries, claims, debts, salaries or other damages to Plaintiffs which may have arisen, or may arise, from any act or omission prior to the date of execution of this Release, and which arise out of, or related to, directly or indirectly, the incident dated April 19, 2015, in which Adriesue Gomez was struck by motorist Francisco Hernandez, as he was making a left hand turn out of the parking lot of a 99 Cents Store at or about Main Street and 16th Street in the City of Santa Ana, California, thereby resulting in death to Ms. Gomez and injuries to plaintiffs, with respect to any of the matters referred to in paragraphs 2 and 3 above. 7. CALIFORNIA CIVIL CODE SECTION 1542 WAIVER Plaintiffs hereby waive any and all rights based upon the provisions of Californiaivil Qode section 1542, as against the City of Santa Ana, which provisions read as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Plaintiffs acknowledge that they have read all the terms of this Settlement and Release, including the above Civil Code section, and that they fully understand both the Agreement and the Civil Code section. Plaintiffs waive any benefits and rights granted to them pursuant to Civil Code § 1542. 8. COVENANT NOT TO SUE Plaintiffs agree, to the fullest extent permitted by law, that they will not initiate or file a lawsuit or administrative proceeding to assert any Released Claim. If any such action is brought, this Settlement and Release will constitute an Affirmative Defense thereto, and the City of Santa Ana shall be entitled to recover reasonable costs and reasonable attorney's fees incurred in defending against any Released Claim as set forth above and herein. N 9. DEFENSE AND INDEMNITY Page 3 of 6