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lfvC'l;!?PNGE' NOT REGOIRED <br /> WORK NIAY PROCFIO N-2Ef26-4133 <br /> CITY CLERK <br /> DATE.FEB 17 2026 <br /> o w(a) <br /> prnisy htI1'1alAdU <br /> 7unathanT2rlCeurc{(W-) FULL AND FINAL PROPERTY DAMAGE RELEASE AGREEMENT <br /> 1. For and in consideration of the total amount of SEVEN THOUSAND FIVE <br /> HUNDRED DOLLARS AND 001100 ($7,500.00), CITY OF SANTA ANA, hereinafter <br /> referred to as"Releasor," hereby fully and forever releases and discharges LOVE M. PHAM <br /> and each of their respective assigns, successors, heirs, executors, administrators, insurers, <br /> predecessors, and any other person or entity that would qualify as an insured under the <br /> State Farm Mutual Automobile Insurance Company policy that affords coverage for the <br /> damages arising out of the December 1, 2022 accident referenced herein past and present, <br /> hereinafter collectively referred to as "Releasees," from any and claims, demands, and <br /> liabilities regarding any and all property damage arising from or out of any act, transaction, <br /> occurrence, event, error or omission which may have occurred with respect limiting the <br /> generality of the foregoing, any and all property damage claims arising from or out of any <br /> act, transaction, occurrence, event, error or omission which may have occurred with respect <br /> to (1) the accident or incident occurring on or about December 1, 2022 at the intersection <br /> of Flower Street and 1st Street in Santa Ana, California, and (2) any and all property <br /> damage claims which were, or might, or could have been alleged in connection with the <br /> lawsuit entitled PHAM V. CITY OF SANTA ANA, Orange County Superior Court Case <br /> No. 30-2023-01337853. Releasor hereby agrees to dismiss its cross complaint with <br /> prejudice and each side agrees to bear its own costs and attorney's fees. <br /> 2. It is understood and agreed that this settlement is the compromise of a disputed <br /> claim; that the payment made is not to be construed as an admission of liability on the part <br /> of the parties hereby released; and that said Releasees deny liability therefore and intend <br /> merely to avoid litigation and buy their peace. Releasors warrant that no promise or <br /> inducement has been offered except as herein set forth. Releasors warrant that this release <br /> is executed without reliance upon any statement or representation by Releasees or their <br /> representatives concerning the nature and extent of any damages or legal liability. <br /> 3. Releasors hereby acknowledge that the terms and conditions of this release <br /> agreement have been completely read, are fully understood and voluntarily accepted for the <br /> express purpose of making a full compromise, adjustment and settlement of any and all <br /> claims as mentioned above. <br /> 4. Releasors warrant and represent that Releasors have not assigned any rights or <br /> claims of Releasors to any other parties, individuals, companies or entities and that said <br /> representation is a material part of this agreement. <br /> 5. If legal action is required to enforce the terms of this agreement, the prevailing party <br /> is entitled to reasonable attorney's fees and costs. <br /> 1 <br />