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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />(collectively, "Plaintiff'). The parties to this Agreement are individually referred to as a "Party" and <br />collectively as the "Parties." <br />RECITALS <br />The Parties agree that this Agreement is entered into with reference to the following: <br />A. On January 29, 2018, Plaintiffs filed this Action entitled Orange County Catholic <br />Worker, et al. v. Orange County et al., California Central District Case No. 8:18-cv-00155-DOC-JDE <br />(the "Action"). <br />B. OCCW is an unincorporated association dedicated to the service and care of the poor in <br />the County of Orange; OCCW represents and provides services to individuals who are homeless — as <br />defined by applicable law — residing in the County of Orange. <br />zTt-el att. <br />C. On September 23, 2019, Plaintiff filed an Amended -Complaint (the "Complaint") <br />alleging that that City, by and through its employees and upon its behalf by members of the Los <br />Angeles County Sheriff's Department, violated Plaintiff's rights by enforcing various trespass, <br />presence, and/or anti -camping regulations (collectively, "Public Safety Laws") at times when, <br />according to Plaintiff, there were no immediately accessible and appropriate beds available to them in <br />Los Angeles County. <br />D. City disputes Plaintiffs factual allegations and legal contentions as set forth in the <br />Complaint. <br />E. The Complaint alleges the following claims for relief against City: (1) violation of the <br />Eight and Fourteenth Amendments to the U.S. Constitution (42 U.S.C. § 1983) and Article VII, section <br />17 of the California for alleged "cruel and unusual punishment"; (2) violation of the First and Fourth <br />Amendments to the U.S. Constitution (42 U.S.C. § 1983); violation of the right to due process of law <br />under the Fourteenth Amedment to the U.S. Constitution (42 U.S.C. § 1983); (4) violation of California <br />Civil Code § 52.1; (5) violation of California Government Code § 815.6; and (6) violation of <br />Government Code § 11135. City disputes each of these claims for relief in its entirety and disputes <br />Plaintiffs underlying contentions and theories. <br />F. Without admitting any wrongdoing, liability or legal violations on the part of City, <br />without conceding the validity of any of Plaintiff's legal theories or claims, and for the sole purpose of <br />2 <br />SETTLEMENT AGREEMENT AND RELEASE <br />