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OCT 2 4 2071, A-2024-I84
<br />a04 /°) SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS
<br />v: lat,rz, 4osSinI (W)
<br />WITNESSETH:
<br />WHEREAS, Petitioners, James V. Lacy, United States Justice Foundation, California Public
<br />Policy Foundation, and Pasquale Talarico, filed an action against Respondents, Jennifer L. Hall, in her
<br />official capacity as Santa Ana City Clerk, and Bob Page in his official capacity as Orange County
<br />Registrar of Voters, and Real Party In Interest, the Santa Ana City Council, in the Superior Court of the
<br />State California, County of Orange, Central Justice Center known as James v. Lacy, et al. v. Jennifer L.
<br />Hall, in her official capacity as Santa Ana City Clerk, etal., Case No. 30-2024-01402208-CU-WM-CJC
<br />(the "Action").
<br />WHEREAS, Petitioners and City of Santa Ana ("City") on behalf of Respondent Jennifer L.
<br />Hall in her official capacity as Santa Ana City Clerk and Real Party in Interest, the Santa Ana City
<br />Council (collectively, the "Parties"), desire to settle fully and finally all remaining differences between
<br />them, including arising out of the ballot materials that were at issue in the Action described above.
<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, and to
<br />avoid continued litigation in the Action, it is hereby agreed by and between the Parties as follows:
<br />I . This Settlement Agreement and Release of Claims ("Agreement") shall not be construed as
<br />an admission by City of any liability whatsoever, or as an admission by City of any violation of any
<br />order, law, statute, or duty, whatsoever against Petitioners or any person. City specifically disclaims
<br />any liability to Petitioner or any other person for any alleged violation of any order, law, statute, or duty
<br />on the part of any employees or agents of City. Likewise, this Agreement and compliance with this
<br />Agreement shall not be construed as an admission by Petitioners of any liability, misconduct, or
<br />wrongdoing whatsoever.
<br />2. Each party will exchange a fully signed executed copy or original of this Agreement. City
<br />cannot proceed with processing payment without a fully executed copy of the Agreement from Petitioners.
<br />3. Following receipt of, or in exchange for, an executed copy this Agreement, City will pay
<br />by Automated Clearing House ("ACH") or wire transfer in the amount of Thirty -Five Thousand Forty -One
<br />Dollars and Fifteen Cents ($35,041.15) made payable to the "Law Office of Chad Morgan Client Trust
<br />Account" within fourteen (14) calendar days. This monetary amount represents a full and complete
<br />settlement of Petitioners' claims for attorneys' fees and costs and any other damages alleged in the Action.
<br />4. Petitioners confirm that this Agreement constitutes full and complete settlement of all
<br />claims for attorneys' fees and costs or any other damages made against City, Respondent Hall and/or Real
<br />Party in Interest in this Action. Petitioners will not seek any further compensation for any other claimed
<br />damages, costs, or attorney's fees in connection with the Action.
<br />5. Petitioners acknowledge and agree that City has made no representations regarding the
<br />tax consequences of any amounts received pursuant to this Agreement. Petitioners agree that Petitioners
<br />and Petitioners alone are liable for all taxes, if any, which are owed by any Petitioner on any amount,
<br />received hereunder including interest and penalties. Petitioners will hold City, Respondent Hall, and Real
<br />Party in Interest harmless from any and all claims made by federal, state, or local taxing authorities or lien
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