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Home My WebLink AboutARROYO, HERMILA Docuslgn Envelope ID: 8F7C8BE2-B147-4503-B27C-DECCiCDFD886 A-2026-033 INSURANCE MT REQUIRED VVORK MAY PROCEED CITY CLERK pATF,APR 13 2026 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS 0 C7 rrk st/ This Settlement Agreement and Release of All Claims ("Agreement") is made and entered into by AiIah lywic and between HERMILA ARROYO ("Plaintiff'), and the CITY OF SANTA ANA and MAURICIO Ctz) CANTU (hereafter"Defendants"). WITNESSETH: WHEREAS, Plaintiff filed an action against Defendants in the Superior Court of the State California, County of Orange, Central Justice Center District known as HERMILA ARROYO v. CITY OF SANTAANA,et al.,Case No. 30-2024-01411763-CU-PA-CJC(the "Action"). WHEREAS, Plaintiff and Defendants (collectively, the "Parties"), desire to settle fully and finally all differences between them, including, but in no way limited to, those differences described above. This Agreement hereby documents a global settlement between the parties of all issues arising from the Action. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, receipt of which is hereby acknowledged, and to avoid unnecessary litigation, it is hereby agreed by and between the Parties as follows: 1. This Agreement and compliance with this Agreement shall not be construed as an admission by Defendants of any liability whatsoever, or as an admission by Defendants of any violation of the rights of Plaintiff or any person, violation of any order, law, statute,duty, or contract whatsoever against Plaintiff or any person. Defendants specifically disclaims any liability to Plaintiff or any other person for any alleged violation of the rights of Plaintiff or any person, or for any alleged violation of any order, law, statute, duty, or contract on the part of any employees or agents of Defendants. Likewise, this Agreement and compliance with this Agreement shall not be construed as an admission by Plaintiff of any liability, misconduct, or wrongdoing whatsoever. 2. Each party will exchange a fully signed executed copy, or original, of this Agreement. Defendants cannot proceed with processing payment without a fully executed copy of the Agreement from Plaintiff. 3. Following receipt of, or in exchange for, an executed copy of a Request for Dismissal form from Plaintiff dismissing this Action with prejudice, Defendants will make available a check in the amount of One Hundred Seventy-Five Thousand dollars and no cents ($175,000) made payable to "HERMILA ARROYO AND SHAFIR LAW, APC." This amount represents a full and complete settlement of Plaintiffs claims for all damages alleged in the Action. Defendants will file the Request for Dismissal following Plaintiff's receipt of the settlement check. Plaintiff agrees that this Agreement constitutes full and complete settlement of all claims made against Defendants in this Action. Plaintiff will not seek any further compensation for any other claimed damages, costs, or attorney's fees in connection with the matters encompassed in this Agreement. 4. Plaintiff acknowledges and agrees that Defendants have made no representations regarding the tax consequences of any amounts received pursuant to this Agreement. Plaintiff agrees that she and she alone is liable for all taxes, if any, which are owed by her on any amount received hereunder including interest and penalties. Plaintiff will hold Defendants harmless from any and all claims made by Page 1 of 4 Docusign Envelope ID: 8F7C8BE2-B147-4503-B27C-DECCICDFD886 federal, state, or local taxing authorities against Plaintiff on amounts owed by them. 5. Separate and apart from tax liens, Plaintiff will hold Defendants harmless from any and all lien holders of any kind, including liens for medical care or medical expenses owed to private insurance companies, Medi-Care or Medi-Cal, or any other medical providers, to whom Plaintiff or her attorneys are indebted. Plaintiff further acknowledges that she and not the Defendants are responsible for compromising any liens related to, or arising from, this Action. Inhicial s Initials 6. Plaintiff represents that, with the exception of this Action and the government tort claim associated therewith and submitted to the City of Santa Ana, she has not filed any complaints, claims, or actions against Defendants including any of its officers, agents, directors, supervisors, employees, or representatives of Defendants with any state, federal, or local agency or court and that she will not do so at any time hereafter as it relates to this Action and that if any agency or court assumes jurisdiction of any complaint, claim, or action against Defendants on Plaintiff's behalf, Plaintiff will direct that agency or court to withdraw and dismiss the matter with prejudice. 7. The Parties hereto hereby agree that all rights under Section 1542 of the Civil Code of the State of California are hereby waived. Civil Code Section 1542 provides as follows: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that,if known by him or her, would have materially affected his or her settlement with the debtor or released party." 8. Notwithstanding the provisions of Civil Code section 1542, each party hereby irrevocably and unconditionally releases and forever discharges each other party and each and all of its officers, agents, directors, supervisors, employees, representatives, insurance companies, any subsidiaries or affiliates of said insurance companies, attorneys, successors and assigns and all persons acting by, through, under, or in concert with each other party from any and all charges, complaints, claims, and liabilities of any kind or nature whatsoever, known or unknown, suspected or unsuspected (hereinafter referred to as "claim"or"claims") which each releasing party at any time heretofore had or claimed to have or which each releasing party at any time hereafter may have or claim to have, incidental to the incident(s) which form the basis of the Action. 9. Each person signing below represents that he/she has reviewed all aspects of this Agreement, that the Agreement has been carefully read and fully explained to them and that they understand every provision of this Agreement, that they understand that in agreeing to this document they are releasing each party hereby from any and all claims they may have against each party released, that they voluntarily agree to all the terms set forth in this Agreement, that they knowingly and willingly intend to be legally bound by the same, that they were given the opportunity to consider the terms of this Agreement and discuss them with legal counsel. Each party hereby warrants that they have the authority to enter into this Agreement and bind the party for whose benefit they execute this Agreement. Page 2 of 4 Docusign Envelope ID:8F7C8BE2-B147-4503-B27C-DECC1CDFD886 10. The Parties hereto represent and acknowledge that in executing this Agreement they do not rely and have not relied upon any representation or statement made by any of the Parties or by any of the Parties' agents, attorneys, or representatives with regard to the subject matter, basis, or effect of this Agreement or otherwise, other than those specifically stated in this Agreement. 11. This Agreement shall be binding upon the Parties hereto and upon their heirs, administrators, representatives, executors,predecessors, successors, and assigns, and shall inure to the benefit of said Parties and each of them and to their heirs, administrators, representatives, executors, predecessors, successors, and assigns. 12. Should any provision of this Agreement be declared or be determined by any court of competent jurisdiction to be illegal, invalid, or unenforceable,the legality, validity, and enforceability of the remaining parts, terms, or provisions shall not be affected thereby, and said illegal, unenforceable, or invalid part, term, or provision shall be deemed not to be a part of this Agreement. 13. This Agreement sets forth the entire agreement between the Parties hereto and fully supersedes any and all prior agreements or understandings,written or oral,between the Parties hereto pertaining to the subject matter hereof. 14. This Agreement shall be interpreted in accordance with the plain meaning of its terms and not strictly for or against any of the Parties hereto. 15. This Agreement may be executed in counterparts, secured via e-mail, facsimile transmission or otherwise, each of which shall be deemed to be an original. Photocopies of any executed counterpart shall have the same force and effect as an original. PARTIES. Plaintiff Eimadopor.Dated.3/27/2026 �A'" p�e� HERMILA ARROYO Plaintiff Defendants CITY OF SANTA ANA, a charter law city and municipal corporation, duly organized and existing under the Constitution and laws of the State of Californi Dated: ' V0 Alvaro Nunez, Ct Man ger [CONTINUED ON NEXT PAGE] Page 3 of 4 Docusign Envelope ID:8F7C8BE2-B147-4503-B27C-DECCICDFD886 ATTEST: CITY OF SANTA ANA, a charter law city and municipal corporation, duly organized and existing under the Constitution and laws of the State of California 0 a� Dated: ennifer , Ci C erk APPROVED AS TO FORM: SHAFIR LAW, APC Dated:: 3/27/2026 ARIK SHAFIR Attorney for Plaintiff Hermila Arroyo SONIA R. CARVALHO CITY AT Y Dated: 04/01/2026 % J01(iATHAN R. TERKEURST assistant City Attorney Attorneys for Defendants City of Santa Ana and Mauricio Cantu Page 4 of 4