HomeMy WebLinkAboutPHAM, LOVE M. lfvC'l;!?PNGE' NOT REGOIRED
WORK NIAY PROCFIO N-2Ef26-4133
CITY CLERK
DATE.FEB 17 2026
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7unathanT2rlCeurc{(W-) FULL AND FINAL PROPERTY DAMAGE RELEASE AGREEMENT
1. For and in consideration of the total amount of SEVEN THOUSAND FIVE
HUNDRED DOLLARS AND 001100 ($7,500.00), CITY OF SANTA ANA, hereinafter
referred to as"Releasor," hereby fully and forever releases and discharges LOVE M. PHAM
and each of their respective assigns, successors, heirs, executors, administrators, insurers,
predecessors, and any other person or entity that would qualify as an insured under the
State Farm Mutual Automobile Insurance Company policy that affords coverage for the
damages arising out of the December 1, 2022 accident referenced herein past and present,
hereinafter collectively referred to as "Releasees," from any and claims, demands, and
liabilities regarding any and all property damage arising from or out of any act, transaction,
occurrence, event, error or omission which may have occurred with respect limiting the
generality of the foregoing, any and all property damage claims arising from or out of any
act, transaction, occurrence, event, error or omission which may have occurred with respect
to (1) the accident or incident occurring on or about December 1, 2022 at the intersection
of Flower Street and 1st Street in Santa Ana, California, and (2) any and all property
damage claims which were, or might, or could have been alleged in connection with the
lawsuit entitled PHAM V. CITY OF SANTA ANA, Orange County Superior Court Case
No. 30-2023-01337853. Releasor hereby agrees to dismiss its cross complaint with
prejudice and each side agrees to bear its own costs and attorney's fees.
2. It is understood and agreed that this settlement is the compromise of a disputed
claim; that the payment made is not to be construed as an admission of liability on the part
of the parties hereby released; and that said Releasees deny liability therefore and intend
merely to avoid litigation and buy their peace. Releasors warrant that no promise or
inducement has been offered except as herein set forth. Releasors warrant that this release
is executed without reliance upon any statement or representation by Releasees or their
representatives concerning the nature and extent of any damages or legal liability.
3. Releasors hereby acknowledge that the terms and conditions of this release
agreement have been completely read, are fully understood and voluntarily accepted for the
express purpose of making a full compromise, adjustment and settlement of any and all
claims as mentioned above.
4. Releasors warrant and represent that Releasors have not assigned any rights or
claims of Releasors to any other parties, individuals, companies or entities and that said
representation is a material part of this agreement.
5. If legal action is required to enforce the terms of this agreement, the prevailing party
is entitled to reasonable attorney's fees and costs.
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6. This Full and Final Property Damage Release Agreement contains the entire
agreement of the parties and the terms of this release are contractual. This Full and Final
Property Damage Release Agreement may not be changed, altered or modified except by
written instrument executed by all affected parties.
Dated: 11/02/26 Xlli �v it
For CITY OF SANTA ANA
Releasor
Approved as to form and content:
Dated: February 10, 2026 -
JONATHAN R. TERKEURST
Attorney for Releasor
ATTEST:
A
. II
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