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INSURANt,E NOT REQUIRED
<br />WORK MAY PROCEED
<br />Ci,ERK OF COUNCIL
<br />DOT- SETTLENIENT AGREEMENT AND RELEASE
<br />This Settlement Agreement and Release (the "Settlement Agreement') is made and
<br />entered into this _.L day of October, 2016, by and among:
<br />"Plaintiff' Ernesto Jaiden Canepa Garcia, by and through his guardian ad [item Theresa
<br />DeJesus Garcia
<br />"Defendant" City of Santa Ana
<br />RECITALS
<br />A -2016-306-B
<br />A. Plaintiff Ernesto Jaiden Canepa Garcia filed a complaint against City of Santa
<br />Ana and its police officers, in the United States District Court, Central, District of California,
<br />entitled ELC, eta, et al. v. City of Santa Arta, et al., which was consolidated with the case
<br />entitled MMZ, etc., et al. v. City of ~Santa Ana, et al., which bears case number SACV 15-0854
<br />JLS ('DFMx) (hereinafter "Action"), This Action arose out of the events surrounding the
<br />shooting of Ernesto Canepa on February 27, 2015 and alleged civil rights violations and various
<br />state torts and negligent acts or omissions by the City and its police officers. In the Action,
<br />Plaintiff sought to recover monetary damages as a result of that certain occurrence on February
<br />27, 20t5, which allegedly resulted in the death of Decedent Ernesto Canepa and related personal
<br />injuries to Plaintiff.
<br />B. The parties desire to enter into this Settlement Agreement in order to provide for
<br />certain payments in full settlement and discharge of all claims which are, or might have been, the
<br />subject matter of the Complaint, upon the terms and conditions set forth below.
<br />AGREEMI ENT
<br />The parties agree as follows:
<br />1.0 RELEASE AND DISCHARGE
<br />1.1 In consideration of the payments set forth in Section 2, which has a current cost of
<br />four hundred and sixty-five thousand dollars and no cents ($465,000.00), including up -front cash
<br />and the promise of future periodic payments, Plaintiff hereby completely releases and forever
<br />discharges any named defendant in the Action, including but not limited to the City of Santa Ana
<br />and Officer Christopher Shynn from any and all past, present or future claims, demands,
<br />obligations, actions, causes of aetion, wrongful death claims, rights, damages, costs, losses of
<br />services, expenses and compensation of any nature whatsoever, whether based on a tort, contract
<br />or other, theory of recovery, which the Plaintiff now has, or which may hereafter accrue or
<br />otherwise be acquired, on account of, or may in any way grow out of, or which are the subject of
<br />the Action including, without limitation, any and all known or unknown claims for bodily and
<br />personal injuries to Plaintiff, or any future wrongful death claim of Plaintiff's representatives or
<br />heirs, which have resulted or may result from the alleged acts or omissions of the Defendant. it
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