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SETTLEMENT AGREEMENT <br />N-2018-129 <br />This Settlement Agreement and Release ("Agreement") is made as of the date of the last <br />signature below by and between GILBERT CASTREJON, an individual, ("Gilbert Castrejon" or <br />"Plaintiff") on the one hand and the City of Santa Ana ("Santa Ana") and the City of Orange <br />("Orange") (collectively "Defendants") on the other hand. All parties are referred to collectively <br />as the "Parties" and singularly as "Party." <br />This Settlement is between Gilbert Castrejon, Santa Ana, Orange, and all unnamed/Doe <br />Defendants in the Action identified hereinafter (jointly "Settling Parties"). <br />RECITALS <br />A. Plaintiff filed suit against Defendants on or about July 25, 2017 in the United States <br />District Court, Central District of California, Southern Division, captioned Gilbert Castrejon v. <br />City of Orange, et al. Case No. 8:17-cv-01283. <br />B. Plaintiff alleged false arrest, excessive force, unreasonable search, substantive due <br />process violations, negligence, battery, and false imprisonment arising out of a felony car stop by <br />Defendants on or about August 12, 2016 (the "Incident") near the intersection of McFadden Ave. <br />and Riverview Marketplace in the City of Santa Ana (the "Incident Location"). <br />C. The Parties wanting to resolve all differences of any and all nature arising out of and/or <br />pertaining to the Action and Incident as well as the various issues arising therefrom agree as set <br />forth below. <br />NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants and <br />promises contained herein and other good and valuable consideration, the receipt and sufficiency <br />of which is acknowledged by the Parties, the Parties agree as follows: <br />PAYMENTS AND CONSIDERATION. <br />In consideration for the releases and waivers contained herein, the Settling Parties have <br />agreed to resolve this matter as follows: <br />(a) the payment by the City of Orange for the sum of $60,000.00 (Sixty Thousand <br />Dollars and No Cents) (the "Settlement Funds"). Settlement Funds shall be <br />made payable to "Gilbert Castrejon and MK Smith, APC"; and <br />(b) Plaintiff acknowledges and agrees that the City of Santa Ana is paying zero <br />dollars to the Plaintiff to resolve the action; and <br />(c) the waiver of any and all attorneys' fees and costs of suit by each of the Parties <br />against each of the Parties as provided in Paragraph 12 below. <br />