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Schwarzmann, Sandra From: Sarno, Justin <Justin.Sarno@us.dlapiper.com> Sent: Thursday, June 23, 2022 8:06 AM To: Schwarzmann, Sandra Subject: Waiver - Kristi Johnson/Santa Ana Representation Hi Sandra, Please see below waiver and let me Imow if I have the City's consent to proceed with retention and representation of the City in the Kristi Johnson/ADA matter, Thank youl REQUEST FOR / CONFIRMATION OF CONFLICT WAIVER Date June 22, 2022 Matter Kristi Johnson v. City of Santa Ana DLA Piper DLA Piper LLP(US) Client City of Santa Ana Company Auburndale Properties Inc. Adverse Matter 1800 Grand Ave., Santa Ana With reference to the above defined terms, you have asked DLA Piper to represent the Client in the Matter. As I have discussed with you, DLA Piper currently represents the Company in connection with the Adverse Matter. Since DLA Piper represents the Company in the Adverse Matter, In which the Client's Interests are adverse, a conflict of interest would arise in connection with the firm undertaking a representation of the Client, even though the representation Is unrelated to the Company or the Adverse Matter. We do not believe that our representation of the Company in the Adverse Matter will adversely affect our representation of the Client, nor do we believe our representation of the Client will adversely affect our representation of the Company in the Adverse Matter. We therefore ask for your consent to our continuing representation of the Company in the Adverse Matter. We are also obtaining the Company's consent to DLA Piper's representation of the Client. To protect confidential information that is disclosed to DLA Piper by the Client and the Company, we ask each client to agree that It will not seek or accept the disclosure of confidential Information about the other client from anyone at DLA Piper. Further, we ask each client to agree that the disclosure of information to DLA Piper by the other will not constitute, or be deemed to be, a waiver of any privilege, and that neither will assert or make any such contention at a later date. We also ask each client to consent and agree that DLA Piper will have no obligation to disclose to it any information either obtained by us from the other client, or otherwise obtained or learned by us in the course of representing the other client. Another major concern under these circumstances is that, after the attorneys have spent time and effort in becoming thoroughly acquainted with a matter, one of the clients may request that the law firm withdraw from representing the other, thereby placing the other client in a position where it must incur the time and expense of retaining and educating new counsel. To ensure that this does not occur, we ask each client to agree to the representation described herein, and to waive any right — based on the conflict of interest described herein — to disqualify DLA Piper from representing the other client. Please indicate your agreement and consent to the foregoing matters by reply email. If you have any questions, please do not hesitate to contact me.