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<br />SETTLEMENT AGREEMENT AND RELEASE
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<br />�r HIS SETTLEMENT AGREEMENT AND RELEASE ("Settlement Agreement") Is made and entered Into
<br />71. C AC Cr ) this,day of August 2017, by and among MARIA QUINTANILLA (hereinafter.referred to as "Plaintiff" unless
<br />(,,,)041, jfied by name) and the CITY OF SANTA ANA (hereinafter referred to as "Defendant" unless identified by
<br />RECITALS
<br />A-2017-161
<br />A. On or about the 28th day of July, 2016, the Plaintiff filed a Complaint (the "Complaint") against the City
<br />of Santa Ana and Officer Britain Speakman in the United States District Court— Central District of California, Court
<br />Action No. SACV18-1400 JLS (JCx), which Complaint arose out of certain alleged civil rights violations and
<br />negligent acts or omissions by the Defendant, In the Complaint, the Plaintiff sought to recover monetary damages
<br />on account of said alleged civil rights violations and personal physical injuries as a result of events surrounding the
<br />detention and shooting of Jose Manuel Quintanilla which occurred at or near the parking lot of 1111 E. 4th Street,
<br />located in the City of Santa Ana, State of California, on the 18th day of February, 2016,
<br />B. The Parties desire to enter into this Settlement Agreement in order to provide for certain payments in
<br />full settlement and discharge of all claims, which are the subject of or might have been the subject of the
<br />Complaint, upon the terms and conditions set forth herein.
<br />C. Plaintiff understands that liability for said incident is disputed by the parties herein released and this
<br />Settlement Agreement and Release is a compromise and shall not be construed as an admission of liability.
<br />AGREEMENT
<br />NOW THEREFORE, the parties hereto hereby agree as follows:
<br />1. Release and Discharge
<br />In consideration for the payments to the persons at the times set forth in Sections 2.1 and 2.2 to this
<br />Settlement Agreement, the Plaintiff hereby completely releases and forever discharges the Defendant and the
<br />Defendant's past, present and future officers, board members, police officers (including, but not limited to Officer
<br />Britain Speakman), attorneys, agents, servants, representatives, employees, subsidiaries, affiliates, partners,
<br />predecessors and successors in interest and assigns, and all other persons, firms or corporations, of and from any
<br />and all past, present or future claims, demands, obligations, actions, causes of action, wrongful -death claims,
<br />rights, damages, costs, losses of services, expenses and compensation of any nature whatsoever, whether based
<br />on a tort, a contract or another theory of recovery, and whether for compensatory or punitive damages, which the
<br />Plaintiff now has, or which may hereafter accrue or otherwise be acquired, or which are the subject of the
<br />Complaint (and all related pleadings) Including, without limitation, any and all known or unknown claims for
<br />personal physical injuries to Plaintiff or decedent Jose Manuel Quintanilla, or any future wrongful death claims of
<br />Plaintiffs representatives, which have resulted or may result from the alleged acts or omissions of the Defendant.
<br />This release shall be a fully binding and complete settlement between the Plaintiff and the Defendant, their
<br />respective assigns and successors, save only the executory provisions of this Settlement Agreement. '
<br />2. Payments
<br />In consideration for the release set forth above, the Defendant hereby agrees to make the lump sum
<br />payments and future Periodic Payments to the parsons and at the times set forth in Sections 2.1 and 2.2. All the
<br />payments set forth in Sections 2.1 and 2.2 constitute damages (other than punitive damages) received on account
<br />of personal physical injuries or sickness within the meaning of Section 104(a)(2) of the Internal Revenue Code of
<br />1986, as amended ("Code").
<br />21 Immediate Cash Payments:
<br />$249,948.00 payable to GUIZAR, HENDERSON & CARRAZCO, LLP
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