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V\ -4- VS)) `a n� G G i ti e, v 9 I 'C I A- 2015 -258 CITY OF SANTA ANA SETTLEMENT AGREEMENT AND MUTUAL RELEASE (Booker v. City of Santa Ana, et al., Case Number SACV 15 -00431 DOC (DFMx)) PARTIES AND DATE. This Settlement Agreement and General Release (hereinafter "AGREEMENT") is made and entered into by and between Plaintiff BRIAN BOOKER (hereinafter referred to as "PLAINTIFF "), and Defendant CITY OF SANTA ANA, SANTA ANA POLICE DEPARTMENT, CARLOS ROJAS, CHRISTOPHER REVERE, WILLIAM NIMMO, AND JOSE GONZALEZ (hereinafter "DEFENDANT" or "CITY "), (collectively, the "PARTIES ") to this Agreement 2. RECITALS. 2.1 Subject Action. On or about March 17, 2015, PLAINTIFF filed a Complaint against DEFENDANT in federal court, Brian Booker v. City of Santa Ana, et al., United States District Court, Central District of California CaseNumber SACV 15 -00431 DOC (DFMx) (the "ACTION "), which arose out of an incident that took place on or about March 17, 2013 between the PLAINTIFF and DEFENDANT, wherein PLAINTIFF alleged his Civil Rights were violated. 2.2 Denial of PLA,INTIFF's Allegations. The CITY denies generally and specifically each of the allegations made against it in the Subject Action, and further denies any wrongdoing or liability. 2.3 Settlement. The PARTIES now desire to fully and finally settle and resolve any and all rights, claims, disputes, causes of action and alleged claims which exist in favor of the PARTIES, including, but not limited to, all claims arising out of and set forth in the Subject Action. The PARTIES expressly intend that this settlement shall further pertain to any claims for attorneys` fees, expert fees, witness fees, and/or other costs, and any alleged claims for abuse of process, malicious prosecution, civil rights violations, etc., in connection with the Subject Action. 2.4 Consideration. In consideration of the foregoing recitals, as well as the promises, mutual covenants and warranties set forth in this Agreement, and for other good and valuable consideration, the receipt ofwhich are hereby acknowledged, the PARTIES agree to the terms ofthis Agreement. TERMS. 3.1 Recitals. The Recitals are incorporated into and are a part of this Agreement. 3.2 CITY Settlement Obligation. In consideration of this Agreement, and the promises set forth herein, the CITY agrees to pay to PLAINTIFF the total sum of Fifty Thousand Dollars ($50,000.00) (the "Settlement Amount ") in full and complete settlement of the Subject Action and any liability arising out of the Incident. The Settlement Amount shall be payable to Brian Booker and the Client Trust fund of PLAINTIFF's Counsel. PLAINTIFF shall provide two (2) executed Page I of 7