MENDOZA, MAYRA AND GIOVANNI - Laserfiche WebLink

Home Browse Search

DocuSign Envelope ID: 4ADBBC53-305C-4022-BASE-84BC83F75552 Mendoza and his attorneys Avrek Law Firm. The Complaint is to be dismissed, with Prejudice, as to all Defendants, served or unserved, upon completion of all settlement terms. i Plaintiffs counsel will provide a Tax Identification Number and completed 2024 W- 9 form prior to issuance of the payment. 2.0 RELEASE FROM ALL CLAIMS AND LIABILITIES: Except for the obligations arising out of this Agreement, Plaintiffs Mayra Mendoza and Giovanni Mendoza do hereby waive, release, acquit and discharge, for all time, all defendants, including City Defendants, of and from any and all claims, demands, causes of action, liabilities, controversies and damages (collectively hereinafter referred to as "Claims") whatsoever, of whatever kind or nature, whether known or unknown, contingent or liquidated, suspected or unsuspected, which Plaintiffs now own, hold; have or claim to have against the City Defendants, by reason of any matter or thing alleged or referred to, directly or indirectly, or in any way connected with or arising out of all or any of the matters, facts, events, occurrences, alleged or referred to in the lawsuit or in any way associated with the alleged incidents referenced in and/or connected to the matters at issue. It is the specific and express intention that this Agreement dispose of all claims of Plaintiffs as against the City Defendants, and any other defendant, and that the waivers and releases provided in this paragraph and set forth in Paragraph 3.0 herein below shall constitute, be deemed understood and to act as a full release of all past, present and future claims that may arise from the herein mentioned matters and issues as set forth in the recitals hereinabove or alleged or referred to in the litigation. 3.0 WAIVER OF CIVIL CODE § 1542: With respect to the specific subject matter of the releases set forth in Paragraph 2.0, above, Plaintiffs hereby waive against the City Defendants, all rights under California Civil Code § 1542, which states in pertinent part, as follows: "A general release does not extend to claims [1] that the creditor or releasing party does not know or suspect exists in his or her favor at the time of executing the release and that, [21 if known by him or her [31, would have materially affected his or her settlement with the debtor or released party." Plaintiffs understand and acknowledge the significance and consequence of the specific waiver of § 1542 of the California Civil Code along with the benefit and effect of California Civil Code § 1542