MIA ZARATE - MMZ, ET. AL VS. CITY OF SANTA ANA - 2016

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INSURANCE NOT RE-001'Rto WC)1' X ! PROGEM CLt i'ii'' OF COUPICIL. OATP it -117° J•v+ v "ViV SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (the "Settlement Agreement") is made and entered into this eJd day of October, 2016, by and among: "Plaintiff" Mia Zarate, by and through her guardian ad litern Jasmine Zarate "Defendant" City of Santa Amt RECITALS A. Plaintiff Mia Zarate filed a complaint against City of Santa Ana and its police offiicors, in the United States District Court, Central District of California, entitled NINIZ, etc„ et al. v. City of'Santa Ana, et al„ which bears case number SACV 15-0$51 JLS (DFMx) (hereinafter "Action"), This Action arose out of the events surrounding the shooting of Ernesto Canepa on February 27, 2015 and alleged civil rights violations and various state torts and negligent acts or omissions by the City and its police officers. In the Action, Plaintiff sought to recover monetary damages as a result of that certain occurrence on February 27, 2015, which allegedly resulted in the death of Decedent Ernesto Canepa and related personal injuries to Plaitniff Mia Zarate, B. The parties desire to enter into this Settlement Agreement in order to provide for certain payments in full settlement and discharge of all claims which are, or might have been, the subject matter of the Complaint, upon the terms and conditions set forth below. AGREEMENT The parties agree as follows: LO RELEASE AND DISCHARGE IA In consideration of the payments set forth in Section 2, which has a current cost of four hundred and sixty-five thousand dollars and no cents ($465,000.00), including up -front cash and the promise of future periodic payments, Plaintiff hereby completely releases and forever discharges any named defendant in the Action, including but not limited to the City of Santa Ana and Officer Christopher Shynn from any and all past, present or future claims, demands, obligations, actions, causes of action, wrongful death claims, rights, damages, costs, losses of servi6es, expenses and compensation of any nature whatsoever, whether based on a tort, contract or other theory of recovery, which the Plaintiff now has, or which may hereafter accrue or otherwise be acquired, on account of, or may in any way grow out of, or which are the subject of the Action including, without limitation, any and all known or unknown claims for bodily and personal injuries to Plaintiff, or any future wrongful death claim of Plaintiff's representatives or heirs, which have resulted or may result from the alleged acts or omissions of the Defendant. It is agreed that Plaintiffs and Defendants will each respectively bear their own attorneys' fees and eosts. IlPage