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QUINTANILLA, ANTONIO AND SANDRA JEANNETTE, ET AL (2)
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QUINTANILLA, ANTONIO AND SANDRA JEANNETTE, ET AL (2)
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Last modified
4/25/2019 10:40:42 AM
Creation date
11/8/2016 3:50:42 PM
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Contracts
Company Name
ANTONIO QUINTANILLA; SANDRA JEANNETTE QUINTANILLA, ET AL
Contract #
A-2016-293
Agency
City Attorney's Office
Council Approval Date
9/20/2016
Expiration Date
9/20/2026
Destruction Year
0
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(c) Plaintiff and Defendants agree that this constitutes full and complete <br />settlement of all claims made against the City of Santa Ana and haul Mayorga in this Action, <br />Plaintiff will not seek any further compensation for any other claimed damages, costs, or attorney's <br />fees in connection with the matters encompassed in this Agreement. <br />(d) Plaintiff acknowledges and agrees that Defendants have made no <br />representations regarding the tax consequences of any amounts received pursuant to this <br />Agreement. Plaintiff agrees that he/she and he/she alone is liable for all taxes, if any, which are <br />owed by heron any amount received hereunder including interest and penalties. Plaintiff will hold <br />Defendants harmless from any and all claims made by federal, state, or local taxing authorities or <br />lion holders against Plaintiff on amounts owed by her, <br />THIRD: Plaintiff represents that, with the exception of this Action and the government <br />tort claim associated therewith and submitted to the City of Santa Ana, he/she has not filed any <br />complaints, claims, or actions against Defendants including any of its officers, agents, directors, <br />supervisors, employees, or representatives of Defendants with any state, federal, or local agency <br />or court and that they will not do so at any time hereafter as it relates to this Action and that if any <br />agency or court assumes jurisdiction of any complaint, claim, or action against Defendants on <br />Plaintiff s behalf, Plaintiff will direct that agency or court to withdraw and dismiss with prejudice <br />the matter. <br />FOURTH: The parties hereto hereby agree that all rights under Section 1542 of the Civil <br />Code of the State of California are hereby waived. Civil Code Section 1542 provides as follows: <br />"A general release does not extend to claims which the creditor does not know <br />or suspect to exist in his or her favor at the time of executing the release, which <br />if Imown by him or her must have materially affected his or her settlement <br />with the debtor." <br />FIFTH: Notwithstanding the provisions of Civil Code section 1542, each party hereby <br />irrevocably and unconditionally releases and forever discharges each other party and each and all <br />of its officers, agents, directors, supervisors, employees, representatives, and its successors and <br />assigns and all persons acting by, through, under, or in concert with each other party from any and <br />all charges, complaints, claims, and liabilities of any kind or nature whatsoever, known or <br />unknown, suspected or unsuspected (hereinafter referred to as "claim" or "claims") which each <br />releasing party at any time heretofore had or claimed to have or which each releasing party at any <br />time hereafter may have or claim to have, incidental to the incidents) which form the basis of this <br />lawsuit. <br />SIXTH: Each person signing below represents that he/she has reviewed all aspects of this <br />Agreement, that the Agreement has been carefully read and fully explained to them and that they <br />understand every provision of this Agreement, that they understand that in. agreeing to this <br />document they are releasing each party hereby from any and all claims they may have against each <br />party released, that they voluntarily agree to all the terms set forth in this Agreement, that they <br />Page 2 of <br />
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