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settlement of their claims in the Chou action. The Settlement Amount will
<br />be delivered to Jennifer McGrath, counsel of record for plaintiffs, in the
<br />form of a check made payable to Law Offices of Jennifer McGrath, Bradley
<br />Idelshon, Marla James, David James, and Sky High Holistic. The
<br />Settlement Amount includes all claims by settling plaintiffs and their
<br />counsel for damages, attorney's fees and costs arising out of the Chou
<br />action, and in no event shall any defendant be liable for additional monetary
<br />consideration in excess of the Settlement Amount in connection with the
<br />settling plaintiffs' claims in the Chou action.
<br />2. At the next court appearance following the Execution Date, the City of Santa
<br />Ana shall dismiss the criminal complaints filed in (1) People of the State of
<br />California, City of Santa Ana, California v. Marla James, Orange County
<br />Superior Court Case No. 15CM07370; and (2) People of the State of
<br />California, City of Santa Ana, California v. David James, Orange County
<br />Superior Court Case No. 15CM07366.
<br />3. Upon delivery of the Settlement Amount to settling plaintiffs under
<br />paragraph 1, settling plaintiffs shall provide defendants with an executed
<br />request for dismissal with prejudice of all of their claims asserted in the
<br />Chou action. Defendants will file the request for dismissal with the Court.
<br />4. No Assignments. Settling plaintiffs represent and warrant as a material term
<br />of this Agreement that they have not assigned, transferred, released or
<br />granted, or purported to assign, transfer, release or grant, any part of the
<br />Chou action settled by this Agreement. Settling plaintiffs shall not assign,
<br />convey, or transfer to any other person any part of the Chou action settled by
<br />this Agreement.
<br />5. General Release and Discharge of Claims. Upon the Effective Date of this
<br />Agreement, settling plaintiffs, and each of them, for themselves and all of
<br />their predecessors, successors, assigns, representatives, attorneys,
<br />employees, officers, and agents, do hereby fully and forever release and
<br />discharge the City, and all of its predecessors, successors, assigns,
<br />representatives, attorneys, agents, elected and appointed council members,
<br />council boards, commissions, commissioners, officers, employees, including
<br />but not limited to, Mayor Miguel Pulido and Yvette Aguilar (hereinafter
<br />collectively all persons and entities will be referred to as "Released
<br />Persons"), of and from any and all actions, claims, demands, rights,
<br />damages, costs, litigation expenses, attorneys fees, expert fees, consultant
<br />fees, other fees, interest, lost profits and earnings, diminution in the value of
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