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A-2016.132
<br />SETTLEMENT AGREEMENT AND RELEASE
<br />THIS CONFIDENTIAL SETTLEMENT AGREEMENT AND GENERAL RELEASE
<br />(hereinafter "Agreement") is entered into and effective upon its execution by all parties hereto as
<br />a complete, final and binding settlement and compromise of all claims and potential claims, if
<br />any, between MELISSA CORTEZ, a minor, by and through her parent and legal guardian,
<br />ARTURO CORTEZ (referred to herein collectively as "CORTEZ" or "Plaintiff'), EL SOL
<br />SCIENCE AND ARTS ACADEMY OF SANTA ANA, a California Non -Profit Public Benefit
<br />Corporation, (referred to heroin as "EL SOL"), CITY OF SANATA ANA (referred to herein as
<br />"CITY"), and RAENETTE RODRIGUEZ (hereinafter referred to as "RODRIGUEZ'). EL SOL,
<br />CITY, and RODRIGUEZ are collectively also referred to as Defendants. This agreement is
<br />entered into by CORTEZ, by and through her parent and legal guardian, ARTURO CORTEZ,
<br />EL SOL, CITY, and RODRIGUEZ on their own behalf and on behalf of their spouses, parents,
<br />children, heirs, principals, parent companies, management companies, attorneys in fact,
<br />subsidiaries, affiliates, and their respective shareholders, directors, officers, employees, agents,
<br />insurors, attorneys, assigns, landlord, tenants, chartering districts, affiliateddistrictsor
<br />educational entities, predecessors, successors, and representatives. All entities and individuals
<br />named herein are collectively referred to as the "Parties" and singularly (generically) as a
<br />"Party.,'
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<br />RECITALS
<br />WHEREAS, CORTEZ has alleged that she suffered certain personal injuries as a result
<br />of an accident occurring on or about March 9, 2013 (hereinafter referred to as the "Incident");
<br />WHEREAS, CORTEZ filed an action entitled Cortez v. El Sol Science & Arts
<br />Academy, et al„ Orange County Superior Court, Case No. 30-2014-00712370-CU-PA-CJC
<br />(hereinafter referred to as the 'Action');
<br />WHEREAS, Defendants filed various cross -complaints for indemnity and contribution
<br />against each of the other Defendants in the Action;
<br />WHEREAS, CORTEZ has contended that the injuries she has sustained and the damages
<br />she has incurred were caused by the acts and/or omissions of various individuals and/or entities
<br />including, but not limited to, the Defendants;
<br />WHEREAS, Defendants have denied and continue to deny the causes of action, claims,
<br />contentions, acts, and omissions alleged by CORTEZ, and have denied and continue to deny any
<br />wrongdoing or legal liability arising out of or pertaining to any injuries and/or damages allegedly
<br />arising from the Incident;
<br />WHEREAS, the Parties now desire to resolve and settle all of their differences,
<br />including, but not limited to the Action and their respective cross -complaints;
<br />It1
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