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<br />�. lL • SETTLEMENT AGREEMENT AND RELEASE
<br />This Settlement Agreement and Release is entered into between and among Plaintiff
<br />DANIELLE MARTINEZ (hereinafter RELEASOR") and Defendants, CITY OF SANTA ANA;
<br />Eppeldauer Family Trust; Robert Hwang; Ing-Wen Hwang; and Ling -Long Hwang;
<br />(hereinafter "RELEASEES"). RELEASOR and RELEASEES are referred to herein
<br />collectively as the "Parties".
<br />1. Full Release of All Liability
<br />For and in full consideration of payment of $55,000 (Fifty Five Thousand Dollars and no/100
<br />Cents), to RELEASOR ($50,000 on behalf of MERCURY CASUALTY COMPANY/
<br />EPPELDAUER FAMILY TRUST; and $5,000 on behalf of the CITY OF SANTA ANA) and
<br />her attorneys on behalf of RELEASEES, RELEASOR, on behalf of herself, her heirs,
<br />agents, executors, administrators, successors and assigns, hereby release, acquit, and
<br />forever discharges the RELEASEES,CITY OF SANTA ANA; MERCURY CASUALTY
<br />COMPANY; EPPELDAUER FAMILY TRUST; ROBERT HWANG; ING-WEN HWANG; and
<br />LING -LONG HWANG, their agents, servants, representatives, employees, successors and
<br />assigns, from any and all past, present or future claims, demands, obligations, actions,
<br />causes of action, costs, expenses and compensation of any nature whatsoever, whether for
<br />compensatory or punitive damages which RELEASOR now has or which RELEASOR may
<br />hereafter acquire in any way arising out of the alleged trip and fall on January 2, 2017, and
<br />subsequent treatment, including but not limited to any and all claims, actions, causes of
<br />actions, demands, rights, damages, costs, attorney's fees, loss of service, expenses and
<br />compensation whatsoever which the undersigned now has or which may hereafter accrue or
<br />otherwise be acquired on account of or in any way growing out of any and all known and
<br />unknown, foreseen and unforeseen injuries to RELEASOR or which may result in the future
<br />from the alleged acts or omissions of the RELEASEES prior to and including the events
<br />which occurred on or about January 2, 2017, as set forth in, but not limited to, the complaint
<br />filed in the Orange County Superior Court — Central District, entitled Danielle Martinez v.
<br />City of Santa Ana etal , Case No.: OCSC #30-2017-00957565
<br />2. Prevailing Party/Costs
<br />The payment to RELEASOR is being made on account of personal injuries and sickness as
<br />defined by Revenue Code, Section 104(a)(2) as amended. The Parties acknowledge that by
<br />entering into this Settlement and Release, RELEASOR qualifies as a "prevailing party,"
<br />pursuant to California Code of Civil Procedure Section 1032(a)(4), because RELEASOR has
<br />obtained a "net monetary recovery," entitling RELEASOR to an award of costs. Cal. Code
<br />Civ. P. § 1032(b); DeSaulles v. Cmty. Hosp. of the Monterey Peninsula, No. S219236, 2016
<br />WL 903944, at *1, --- P.3d --- (Cal. Mar. 10, 2016). The Parties stipulate that the amount
<br />RELEASEES agree to pay pursuant to this Settlement and Release includes all sums that
<br />RELEASOR is entitled to recover as costs in this action. The Parties further stipulate that
<br />RELEASOR will not seek an award of costs from RELEASEES, and that RELEASOR
<br />00219996.1
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