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SETTLEMENT AGREEMENT AND RELEASE
<br />This Setticu, nt Agreement and Release (the "Settlement Agreement") is made and
<br />entered into this - V day of October, 2016, by and among:
<br />"Plaintiff' Jazmin Zarate
<br />"Defendant" City of Santa Ana
<br />RECITALS
<br />A. Plaintiff Jazmin Zarate filed a complaint against City of Santa Ana and its police
<br />officers, in the United States District Court, Central District of California, entitled MW,, etc., et
<br />al, v, City of5anta Ana, et al., which bears case number SACV15-0851 JLS (DFMx) (hereinafter
<br />"Action"). This Action arose out of the events surrounding the shooting of Ernesto Canepa on
<br />February 27, 2015 and alleged civil rights violations and various state torts and negligent acts or
<br />omissions by the City and its police officers. In the Action, Plaintiff sought to recover monetary
<br />damages as a result of that certain occurrence on February 27, 2015, which allegedly resulted in
<br />the death of Decedent Ernesto Canepa and resulting personal injuries to Plaintiff Jazmin Zarate,
<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 />AGREEMENT
<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 />six hundred and twenty thousand dollars and no cents ($620,000,00), including up -front cash and
<br />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 ail past, present or future claims, demands,
<br />obligations, actions, causes of action, 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
<br />is agreed that Plaintiffs and Defendants will each respectively bear their own attorneys' fees and
<br />costs.
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