|
(c) Plaintiffs, ANTONIO QUINTANILLA, and ISABEL SARAIII
<br />MONTOYA, and Defendants, CITY OF SANTA ANA and RAUL MAYORGA, agree that the
<br />foregoing mutual dismissals constitute full and complete settlement of all claims made against all
<br />parties in this litigation. These Plaintiffs will not seek any further compensation for any other
<br />claimed damage, costs, or attorney's fees in connection with the matters encompassed in this
<br />Agreement.
<br />(d) Plaintiffs acknowledge and agree that Defendants had made no
<br />representations regarding the tax consequences of any amounts received pursuant to this
<br />Agreement. Plaintiffs agree that they and they alone are liable for all taxes, if any, which are
<br />owed by them on any amount received hereunder, including interest and penalties. Plaintiffs will
<br />hold the Defendants harmless from any and all claims made by federal, state, or local taxing
<br />authorities or lien holders against Plaintiffs on amounts owed by them.
<br />THIRD: Plaintiffs represents that, with the exception of Case No. 30-2015-00803957
<br />and the government tort claims associated therewith, they have not filed any complaints, claims,
<br />or actions against Defendants including any of its officers, agents, directors, supervisors,
<br />employees, or representatives of CITY OF SANTA ANA with any state, federal, or local agency
<br />or court and that they will not do so at any time hereafter as it relates to this action and that if any
<br />agency or court assumes jurisdiction of any complaint, claim, or action against Defendants on
<br />Plaintiffs' behalf, Plaintiffs will direct that agency or court to withdraw and dismiss with
<br />prejudice the matter.
<br />FOURTH: The parties hereto hereby agree that all rights under Section 1542 of the
<br />Civil Code of the State of California are hereby waived. Civil Code Section 1542 provides as
<br />follows:
<br />"A general release does not extend to claims which the creditor does not
<br />know or suspect to exist in his or her favor at the time of executing the
<br />release, which if known by him or her must have materially affected his or
<br />her settlement with the debtor."
<br />FIFTH: Notwithstanding the provisions of Civil Code section 1542, each party hereby
<br />irrevocably and unconditionally releases and forever discharges each other party and each and all
<br />of its officers, agents, directors, supervisors, employees, representatives, and its successors and
<br />assigns and all persons acting by, through, under, or in concert with each other party from any
<br />and all charges, complaints, claims, and liabilities of any kind or nature whatsoever, known or
<br />unknown, suspected or unsuspected (hereinafter referred to as "claim" or "claims") which each
<br />releasing party at any time heretofore had or claimed to have or which each releasing party at
<br />any time hereafter may have or claim to have, incidental to the incident(s) which form the basis
<br />of this lawsuit.
<br />SIXTH: Each person signing below represents that he/she has reviewed all aspects of
<br />this Agreement, that the Agreement has been carefully read and fully explained to him/her and
<br />that he/she understands all the provisions of this Agreement, that he/she understands that in
<br />agreeing to this document he/she is releasing each party hereby from any and all claims he/she
<br />may have against each party released, that he/she voluntarily agrees to all the terms set forth in
<br />this Agreement, that he/she knowingly and willingly intends to be legally bound by the same,
<br />
|