TRAN, ALEX V. MARTINEZ, ELIAS JR., ET AL.

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A-2019-110 AUG - 7 2019 cA-CY Co) 21• C92 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Settlement Agreement and Release of All Claims (hereinafter "Agreement") is made and entered into by and between ALEX TRAN, THUY TRAN, and HOA PRAM (collectively "Plaintiffs"), and ELIAS MARTINEZ JR and CITY OF SANTA ANA(collectively"Defendants"). WITNESSETII: WHEREAS, Plaintiffs filed an action against Defendants in the Superior Court of the State California,County of Orange,Central Justice Center known as ALEX TRAN,et al. v.ELIAS MARTINEZ, JR., et al., Case No. 30-2017-00945774-CU-PA-CJC (the"Action"). WHEREAS, Plaintiffs and Defendants (collectively, the "Parties"), desire to settle fully and finally all differences between them, including, but in no way limited to, those differences described above. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration,receipt of which is hereby acknowledged,and to avoid unnecessary litigation, it is hereby agreed by and between the Parties as follows: FIRST: This Agreement and compliance with this Agreement shall not he construed as an admission by Defendants of any liability whatsoever, or as an admission by Defendants of any violation of the rights of Plaintiffs or any person, violation of any order, law, statute, duty, or contract whatsoever against Plaintiffs or any person. Defendants specifically disclaims any liability to Plaintiffs or any other person for any alleged violation of the rights of Plaintiffs or any person, or for any alleged violation of any order, law, statute, duty, or contract on the part of any employees or agents of Defendants. Likewise, this Agreement and compliance with this Agreement shall not be construed as an admission by Plaintiffs of any liability, misconduct, or wrongdoing whatsoever. SECOND: (a) Each party will exchange a fully sited executed copy or original of this Agreement. Defendants cannot proceed with processing payment without a fully executed copy of the Agreement from Plaintiffs. (b) Following receipt of, or in exchange for, an executed copy of a Request for Dismissal form from Plaintiffs dismissing this Action with prejudice, Defendants will make available a check in the amount of Sixty-Five Thousand Dollars ($65,000) made payable to "ALEX TRAIN, HOA VU PRAM, THUY ANH TRAN AND LAW OFFICES OF MICHAEL F. SMITH." The City of Santa Ana will file the Request for Dismissal after delivering the check Plaintiffs and Defendants agree that this Agreement constitutes full and complete settlement of all claims and damages made against Defendants in this Action. Plaintiffs will not seek any further compensation for any other claimed damages, costs, or attomey's fees in connection with the matters encompassed in this Agreement. Page I or4