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N-2023-325 NOV 30 ZOZ3 o. (,Av(u� LS. Flaesl �^b 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 NOEMI ALVARADO (hereinafter "Plaintiff'), and SAMUEL T. ESPARZA and CITY OF SANTA ANA (hereafter "Defendants"). WHEREAS, Plaintiff filed an action against Defendants in the Superior Court of the State California, County of Orange, Central Justice Center known as NOEMI ALVARADO v. CITY OF SANTA ANA, et al., Case No. 30-2023-01339778-CU-PA-CJC (the "Action"). WHEREAS, Plaintiff 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 be construed as an admission by Defendants of any liability whatsoever, or as an admission by Defendants of any violation of the rights of Plaintiff or any person, violation of any order, law, statute, duty, or contract whatsoever against Plaintiff or any person. Defendants specifically disclaim any liability to Plaintiff or any other person for any alleged violation of the rights of Plaintiff 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 Plaintiff of any liability, misconduct, or wrongdoing whatsoever. (a) Each party will exchange a fully signed executed copy or original of this Agreement. Defendants cannot process payment without a fully executed copy of the Agreement from Plaintiff. (b) Following receipt of, or in exchange for, an executed copy of a Request for Dismissal form from Plaintiff dismissing this Action with prejudice, Defendants will make available a check in the amount of Forty -Five Thousand Dollars ($45,000) made payable "NOEMI ALVARADO AND CARDONA LAW FIRM". This amount represents a full and complete settlement of Plaintiffs claims for all damages alleged in the Action. The City of Santa Ana will file the Request for Dismissal following Plaintiffs receipt of the settlement check. Plaintiff and Defendants agree that this Agreement constitutes full and complete settlement of all claims made against Defendants in this Action. Plaintiff will not seek any further compensation for any other claimed damages, costs, or attorney's fees in connection with the matters encompassed in this Agreement. Page 1 of 4