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CORRESPONDANCE - 85B
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CORRESPONDANCE - 85B
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City Clerk
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1/21/2020
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Cas� 8:18-cv-00155-DOC-JDE Document 340 Filed 09/23/19 Page 16 of 20 Page ID <br />#:3765 <br />1 -accommodations arid/or (6) the City's alleged inability to enforce any of the:Anti- <br />2 Camping Ordinances.and any law that the OC- CCW Releasing Parties claim <br />3 criminalizes a person's .homeless status, against. any person because: of his or. her <br />4 homeless status (collectively;. the "OCCW Released Claims"). <br />5 6.2 The. releases set forth in Section 6.1 arexeleases of all claims, <br />6 demands, causes of action, obligations, damages; and liabilities, of any nature <br />7 Whatsoever;. and are intended.to encompass all known and unknown, foreseen and <br />8 unforeseen, claims that are possessed by the OCCW Releasing,.Parfies and within <br />9 the scope of the QCC.W Released Claims based solely and only on the events <br />10 giving rise to the. OC Catholic Worker. Action. To effectuate the intent of the <br />11 Parties, the OCCW Releasing. Parties .expressly agree to waive anal relinquish. all. <br />12 rights and benefits they may have under California. Civil Code Section 1542, which <br />13 1 reads as. follows; <br />14 A general release does not extend to claims .that the..creditor or <br />15 releasing party does not know :or suspect to'exist in his or her favor at <br />16 the time of executing the releasa and that; if known by him or her,: <br />17 would have materially affected big or her.settlenment'With the .debtor'or <br />18, released party. <br />19 6.3 The OCCW Releasing Parties warrant that they have made no <br />20: assignment, and will make no assignment, of any claim, chose in action, right of <br />21 action,. orany right, of any kiind whatsoever, within the .scope of the OCCW <br />22 Released Claims, and that no other person or entity of any kind had or has any <br />23 interest in -any. of the demands, obligations, actions; causes of action, debts, <br />24 liab..ilities,,:nights, contracts, damages, attorney's fees, costs, expenses; losses, or <br />25 clahns. within the scope of the OCCW .Released. Claims. <br />26 7. Dismissal.of the OC Catholic Worker Action <br />27 Upon entry of the Court's Order re Continuing Jurisdiction -and Settlement, <br />28 the OCCW Plaintiffs, as to the City, will take all necessary actions arid.file all <br />13 <br />
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