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INSURANCE NOT REQUIRED <br />WORK MAY PrrR(OCEED <br />�'Tc C�ff Fi 1��IL <br />O'.GAw) <br />SETTLEMENT AGREEMENT <br />AND RELEASE OF ALL CLAIMS <br />N-2019-196 <br />This Settlement Agreement and Release of All Claims (hereinafter "Agreement") is made <br />and entered into by and between Neighbors Supporting the Recall of Juan Villegas, a California <br />unincorporated association (hereinafter "Neighbors"), and City of Santa Ana ("City"), a Califomia <br />municipal corporation (collectively referred to hereafter "the parties"). <br />WITNESSETH: <br />WHEREAS, Neighbors filed a complaint for Writ of Mandate in Orange County Superior <br />Court, Case No. 30-2019-01083264-CU-WM-CJC ("Matter"). Neighbors named as Defendants <br />Norma Mitre ("Mitre") in her official capacity as Acting Clerk of Council and Daisy Gomez <br />("Gomez"), in her official capacity as Clerk of Council. Mitre and Gomez are employees of the <br />City of Santa Ana ("City") and since the complaint alleges facts regarding Mitre and Gomez acting <br />in their official capacity, City will be responsible for the payment of any award of attorney's fees <br />or costs in this Matter. <br />WHEREAS, on August 21, 2019, Neighbors' Writ of Mandate was granted in part. On <br />August 28, 2019, Judgment was entered. <br />WHEREAS, Neighbors filed a Memorandum of Costs in the amount of $531.60 and a <br />Motion for Attorney's Fees in the amount of$55,200, The Motion for Attorney's Fees was brought <br />on the grounds that, the Writ of Mandate secured a public benefit pursuant to California Code of <br />Civil Procedure Section 1021.5. City disputes that Neighbors acted for the public benefit. <br />However, even if a Court determined that Neighbors acted for the public benefit, City disputes that <br />Neighbors would be entitled to the full amount of attorney's fees requested in its Motion for <br />Attorney's Fees. <br />WHEREAS, City and Neighbors have agreed to compromise Neighbors' claims for <br />attorney's fees and costs associated with this Matter. <br />NOW, THEREFORE, in consideration of the mutual covenants and promises herein <br />contained and other good and valuable consideration, receipt of which is hereby acknowledged, <br />and to avoid unnecessary fiuther hearings and proceedings, it is hereby agreed by and between the <br />parties as follows: <br />FIRST: This Agreement and compliance with this Agreement shall not be construed as <br />an admission by City of any liability whatsoever and City specifically disclaims any liability to <br />Neighbors or any other person for attorney's fee or costs associated with this Matter. <br />Page 1 of 5 <br />