TAMMY FRANKS V. CITY OF SANTA ANA

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lrt.;u��; ��p��I,r I�iFA, � _r,.t._h�lJ CI.E1(0i C-0Uiq+C3L n- JAN 14 2019 CITY OF SANTA ANA SETTLEMENT AGREEMENT AND MUTUAL, RELEASE t�dL ayeo'� ��4 (Franks v. City of Santa Ana, Case Number SACV 15-00108 JVS (DFMx)) PARTIES AND DATE. This Settlement Agreement and General Release (hereinarter"AGREEMENT") is made and entered into by and between Plaintiff TAMMY FRANKS (hereinafter referred to as "PLAINTIFF" or "FRANKS"), and Defendant CITY OF SANTA ANA (hereinafter "DEFENDANT" or "CITY"), (collectively, the "PARTIES") to this Agreement. RECITALS. 2.1 Subject Action. On or about January 22, 2015, PLAINTIFF filed a Complaint against DEFENDANT in federal court, Tammy Franks v. City of Santa Ana, United States District Court, Central District of California Case Number SACV 15-00108 JVS (DFMx) (the "ACTION"). 2.2 Denial of PLAINTIFF's Allegations. The CITY denies generally and specifically each of the allegations made against it in the Subject Action, and further denies any wrongdoing or liability, 2.3 Settlement. The PARTIES now desire to fully and finally settle and resolve any and. all rights, claims, disputes, causes of action and alleged claims which exist in favor of the PARTIES, including, but not limited to, all claims arising out of and set forth in the Subject Action, The PARTIES expressly intend that this settlement shall further pertain to any claims for attorneys' fees, expert fees, witness fees, and/or other costs, and any alleged claims for abuse of process, malicious prosecution, civil rights violations, etc„ in connection with the Subject Action. 2.4 Consideration. In consideration of the foregoing recitals, as well as the promises, mul'.ual covenants and warranties set forth in this Agreement, and for other good and valuable consideration, the receipt of which are hereby acknowledged, the PARTIES agree to the terms of this Agreement. TERMS. 3.1 Recitals. The Recitals are incorporated into and are a past of this Agreement. 3.2 CITY Settlement Obligation. In consideration of this Agreement, and the promises set forth herein, the CITY agrees to pay to PLAINTIFF the total sum of Three hundred Fifty Three Thousand, One Hundred Eighty Three Dollars and Thirty -Three Cents ($353,183.33) (the "Settlement Amount") in full and complete settlement of the Subject Action and any liability arising out of the Incident. The Settlement Amount shall be payable to Tarmny Franks and the Client Trust fund of PLAINTIFF's Counsel. PLAINTIFF shall provide two (2) executed originals of this Agreement to the CITY prior to the settlement funds being disbursed. The City will provide PLAINTIFF's counsel two executed originals of this Agreement. loft