SETTLEMENT AND RELEASE AGREEMENT

This Settlement and Release Agreement (the ?Agreement?) is entered into, at Los
Angeles, California, by and between Kristina M. Zahn or ?Plaintiff" or
and:

California State Assembly 

Steve ox, in his official capacity as a former elected California State Assembly
Member for the 36th Assembly District and

Steve G. Fox, individually and dba Law Of?ce of Steve Fox, Law Off'l ces of
Steve Fox, and Steve Fox, Attorney At Law 

(collectively, 

WHEREAS, ZAHN ?led in the County of Los Angeles, State of California, an action
against EMPLOYERS, being Case No. BC537105 (the ?Action?), wherein ZAHN asserted
claims against 

WHEREAS, EMPLOYERS have denied and continue to deny allegations and
claims, but both ZAHN and EMPLOYERS now desire to settle fully and ?nally any and all
disputes between them;

NOW, THEREFORE, in consideration of the mutual promises contained in this
Agreement, ZAHN and EMPLOYERS agree as follows:

In connection with the execution of this Agreement and the release of
claims provided for herein, EMPLOYERS shall provide to ZAHN the following:

a. ASSEMBLY and MEMBER

Payment of $1 1,000.00 as lost wages with appropriate
withholdings pursuant to an IRS Form W-2 (check to be made
payable to Kristina Zahn) and $99,000.00 via IRS Fonn1099
(check to be made payable to the Law Of?ces of Benjamin
Davidson, P.C. IOLTA fbo Kristina Zahn) by July 3 2015. Both
checks to be mailed to Law Offices ofBenjamin Davidson at the
following address: 9107 Wilshire Blvd, Suite 450, Beverly Hills,
CA 90210. Without conceding that Employee suffered any
personal injuries as a result of any actions or inactions of
ASSEMBLY and MEMBER, the parties agree that $20,000.00 of
the Payments shall be considered payment for alleged personal
injuries. Employee acknowledges and agrees that neither
ASSEMBLY and MEMBER nor any of its principals, attorneys, or
agents, have made any representation whatsoever to her regarding
the tax consequences of this settlement payment. Employee shall
be solely responsible for all tax liabilities, if any, as a result of her

-1-

receipt of the settlement payments and understands that an IRS
.Forrn 1099 will be issued to her or her attomey for these payments.
In the event of a tax liability or penalty being assessed as a result
of this settlement payment, Employee will be responsible for and
will indemnify ASSEMBLY and MEMBER against any taxes,
penalties, or interest assessed against ASSEMBLY and MEMBER
that may be determined to be owing by any taxing authority.

Upon full payment by ASSEMBLY and MEMBER ZAHN shall
file within 7 days of payment, a request for dismissal, with
prejudice, as to ASSEMBLY and MENIBER with respect to all
claims in the Action and shall provide a copy to counsel for
ASSEMBLY and MEMBER. The parties agree to cooperate with
respect to the execution and ?ling of any papers or pleadings
necessary or appropriate to effect a dismissal with prejudice of the
entire action.

b. LAW OFFICE

Total payment of 1 5,000.00, in ten payments of $1500.00,
gross. The first two of the ten installment payments shall be paid via
payroll check subject to state and federal tax withholdings for which a
will be issued. The last eight of the installment payments will be
paid via a 1099 with no withholdings. The installment payments
described above will be made payable to ?Kristina Zahn? and will be
mailed to Law Of?ces of Benjamin Davidson at the following address:
9107 Wilshire Blvd, Suite 450, Beverly Hills, CA 90210.

As of the date the first installment payment is due, LAW OFFICE
agrees to provide 10 checks to attorney Donald Gardiner, the last nine
of which shall be post dated to re?ect the due dates of those checks
pursuant to this Agreement. Mr. Gardiner shall mail such checks when
due to Law Of?ces of Benjamin Davidson at the following address:
9107 Wilshire Blvd., Suite 450, Beverly Hills, CA 90210.

The first installment payment shall be mailed on the first day of the
?rst month following dismissal of the PAGA claim. Each subsequent
payment shall be mailed on the first day of each subsequent month
thereafter, until paid.

If any of the payments are not timely made, Zahn?s counsel will
provide a written notice of default to attorney Donald Gardiner via
email. LAW OFFICE will have 5 business days from receipt of
written notice of default to cure the default. If not cured within this
time period, ZAHN may ?le a Stipulated Judgment for $15,000, less

payments made by LAW OFFICE, plus costs and reasonable attorneys
fees incurred in ?ling the concurrently signed Stipulated Judgment.

Nothing in this Agreement alters the obligation by LAW OFFICE to
pay the $2,100.00 sanctions, ordered by the Court, which sanctions
shall be paid to Law Offices of Benjamin Davidson by July l5, 2015.

counsel will request that the Court retain jurisdiction over
claims against LAW OFFICE pending full payment of the installment
payments described above. Upon full payment of the installment
payments, ZAHN shall file within 7 days of ?nal payment, a request
for dismissal, with prejudice, as to LAW OFFICE with respect to all
claims in the Action and shall provide a copy to counsel for LAW
OFFICE. The parties agree to cooperate with respect to the execution
and filing of any papers or pleadings necessary or appropriate to effect
a dismissal with prejudice of the entire action.

The parties on behalf of their heirs, estate, executors, administrators, agents,
assigns, principals, partners, employees, employers, directors, officers, subsidiaries,
af?liates, representatives, insurers, attorneys, predecessors, and successors hereby
forever release and fully discharge the other party and the other party?s principal s,
partners, employees, employers, directors, o?icers, subsidiaries, affiliates, agents,
representatives, heirs, estate, executors, administrators, insurers, attorneys, predecessors,
and successors from:

a. any and all claims, actions, judgments, obligations, damages, demands,
debts, liabilities, and causes of action that are claimed or alleged, or that could have been
claimed or alleged, arising from the matters stated in the pleadings and papers on ?le in
the Action;

b. any and all claims, demands, debts, and causes of action of whatsoever
kind or nature, whether known or unknown, suspected or unsuspected, matured or
unmatured, which either party now owns or holds against the other or may in the future
own or hold or has at any time heretofore owned or held against the other party.

c. The parties understand and acknowledge that Title VII of the Civil Rights
Act of 1964, the Americans with Disabilities Act and/or the California Fair Employment
and Housing Act provide the right to employees to bring charges, claims, or complaints
against their employers if the employee believes he or she has been discriminated against
on the basis of race, ancestry, color, religion, sex, marital status, national origin, age,
physical or mental disability, medical conditions, genetic information, gender, gender
identity, gender expression, or sexual orientation. The matters released include, except as
otherwise provided bylaw, any claims arising under federal, state, or local laws
including, but not limited to, any claims arising pursuant to Title VII of the Civil Rights
Act of 1964, the Civil Rights Act of 1991, the Civil Rights Act of 1866, the Fair Labor
Standards Act, the Americans with Disabilities Act, the California Fair Employment and

-3-

Housing Act,vthe California Labor Code, common law and statutory tort or contract
claims, and any claims for attorneys? fees or costs.

ZAHN, with ?ill understanding of the rights a??orded her under these Acts,
agrees that she will not file against the ASSEMBLY, MEMBER, or LAW OFFICE, or any
of or LAW present or former employees, agents,
and/or representatives, in any of their capacities including individually, any additional
charges, complaints, or actions based on any alleged violation(s) of these Acts allegedly
arising before this Agreement was signed. ZAHN hereby irrevocably and
unconditionally waives any right to assert an additional claim for any relief available
under these Acts (including, but not limited to, back pay, attomeys? fees, damages,
reinstatement and/or injunctive relief) she may otherwise recover based upon any alleged
violation(s) of these Acts by the ASSEMBLY, MEMBER or LAW OFFICE, or any
present or former employees, agents and/or representatives of the ASSEMBLY.
MEMBER or LAW OFFICE arising before this Agreement was signed.

3.Waiyer of (21in time Section [542. The parties represent that they are not aware of

any claim by either of them other than the claims that are released by this Agreement.
Each party waives any and all rights and bene?ts conferred by the provisions of section
1542 of the Civil Code of the State of California and any similar law of any state or
territory of the United States or other jurisdiction. This section provides as follows:

A general release does not extend to claims which the creditor does
not know or suspect to exist in his or her favor at the time of
executing the release, which if known by him or her must have
materially affected his or her settlement with the debtor

The parties understand and acknowledge that, even if any of them should eventually
suffer additional damages arising out of the above-described matter, none of them will be able to
make any claim for those damages.

The parties understand and acknowledge that this Agreement
constitutes a compromise and settlement of disputed claims. No action taken by the
parties hereto, or either of them, either previously or in connection with this Agreement
shall be deemed or construed to be an admission of the truth or falsity of any claims
heretofore made; an acknowledgment or admission by either party of any fault or
liability whatsoever to the other party or to any third party.

5N0 Prior Assignment; Indemnity. Each of the parties represent and warrant that they

have not heretofore assigned or transferred, or purported to assign or transfer, to any
person or entity any claim or other matter herein released.

6mg: Disparagement. The parties agree that none will disparage the other in any manner
harmful to the other?s business or personal reputation.

7t Qdenant N91 to Sue. EMPLOYEE agrees, to the fullest extent permitted by law, that
EMPLOYEE will not initiate or ?le a lawsuit to assert any RELEASED CLAIMS. If any
such action is brought, this AGREEMENT will constitute an Af?rmative Defense thereto,
and EMPLOYER and any other RELEASED PARTIES named in such action shall be
entitled to recover reasonable costs and attomeys' fees incurred in defending against any

- RELEASED CLAIMS.

SW. The parties shall each bear their own costs, expert fees,
attorneys? fees and other fees incurred in connection with this Action and no party shall

be considered the prevailing party.

9.Amhmi1;y. All signatories to this Agreement represent and warrant that they have the
authority to execute this Agreement and to bind themselves and all who may claim
through it to the terms and conditions of this Agreement.

law. This Agreement shall be construed under and governed by the laws
of the State of California.

This agreement shall be deemed to have been entered into in Los Angeles, California,
and all questions of validity, interpretation or performance of any of its terms or of any rights or
obligations of the parties to this Agreement shall be governed by California law. If any legal or
equitable action is necessary to enforce the terms of this Agreement, such action shall be brought
in the State of California.

This Agreement contains the entire agreement between the parties
pertaining to the subject matter contained in it and supersedes any and all prior and/or
contemporaneous oral or written negotiations, agreements, representations, and
understandings. The parties, and each of them, understand that this Agreement is made .
without reliance upon any inducement, statement, promise, or representation other than
those contained within this Agreement. This Agreement cannot be altered or amended
except by a written agreement executed by all of the parties to this Agreement.

12. Severability. The provisions of this Agreement are severable. If any provision of this
Agreement or its application is held invalid, that invalidity shall not affect other
provisions or applications that can be given effect without the invalid provision or
application.

13W. This Agreement is executed voluntarily and

without any duress or undue in?uence on the part or behalf of the parties hereto, with the
full intent of releasing all claims. The parties acknowledge that:

a. They have read this Agreement;

b. They have been represented in the preparation, negotiation, and execution
of this Agreement by legal counsel of their own choice or that they have voluntarily
declined to seek such counsel;

c. They understand the terms and consequences of this Agreement and of the
releases it contains;

(1. They are fully aware of the legal and binding e??ect ofthis Agreement.

14W. This Agreement may be executed in counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same
instrument.

15. Enforcement. This Agreement is enforceable under CCP section 664.6. Ifa motion
to enforce this Agreement is filed, the prevailing party will be entitled to recover
reasonable attomeys fees and costs in bringing said motion. The parties agree that this
Agreement and Release is enforceable and binding and is admissible and subject to
disclosure for purposes of enforcement under Evidence Code section 1123.

16. WW. Plaintiff agrees that, in the future, she will not seek
employment or other remunerative relationship with the EMPLOYERS or any entity or
business owned by EMPLOYERS or their affiliates, parents or subsidiaries. Should
Plaintiff apply for employment with the EMPLOYERS or the entities or
businesses, she agrees to inform EMPLOYERS of the existence of this Agreement, and
she may be denied such employment or other remunerative relationship, without violation
of any statutory or common law provision. Should Plaintiff nonetheless enter into an
employment or other remunerative relationship with EMPLOYERS, she agrees to inform
EMPLOYERS of the existence of this Agreement, and EMPLOYERS shall be permitted
to terminate Plaintiff within a reasonable time thereafter without cause, unless otherwise
agreed to by the Plaintiff and such employer. Accordingly, Plaintiff hereby expressly
waives any and all rights, and releases and any all claims she may have to challenge such
a denial of employment as constituting unlawful retaliation or a violation ofa law, except
to the extent prohibited by law. This express waiver of any present or future employment
opportunity or right is a material, essential and indispensable condition of this
Agreement.

11W. If any inquiry is made of any of the EMPLOYERS regarding
Plaintiff, EMPLOYERS will confirm only dates of employment, title, and rate of pay.

  

DATED: l/ 1:5

 

KRIST A M. ZAHN

 

 



DA?l?liDz??g (C79, 301 
81 

A

30/ 9126

 




?205

6? 

I) 

29!;

    

ST 2 FOX

In his official capacity a 1?01 mer elected
California State Assembly Member for the 30th
Assemblv District

 

S'HiVl-f. FOX
Individually and dba Law Of?ce ot" Steve liox

LYNDA ROPER, for the California State
Assen'ibly Rules Committee

 

Benja?gzm Dawdson

Attomey l?or Kristina Zahn

NOSSAMAN U. 

  

By:
oh Kennedy



Attorney for California State Assembly and
Steve in his oliicial capacity as a former
elected California State Assembly Member
for the 36th Assembly District

  
 



c? 0? LAW OFFICE OF DONALD 

    

By

131;??er 

Attomey for Steve G. Fox, individually and
dba Law Of?ce of Steve Fox, Law Of?ces of
Steve Fox, and Steve l?ox, Attorney At Law

SETTLEMENT AND RELEASE AGREEMENT

This Settlement and Release Agmement (the ?Agreement?) is entered into at
Sacramento, Caiifomia, by and betw'een Nancy Kathleen Finnigan, and the
Califomla State Assembly Steve Fox Ann Turtle and
Lynda Roper(" collectively 

WHEREAS. on or about September 15. 2014, FINNIGAN ?led in the County of
Sacramento. State of California, a complaint against DEFENDANTS. being Action No. 34-2014
00168938 (the ?Action?), in which FINNIGAN asserted claims against DEFENDANTS alleging
associational discrimination and harassment. retaliation, failure to prevent discrimination
harassment, and retaliation, intentional in?iction of emotional distress. and asserting a Private
Attorney General's Act cause of action.

WHEREAS, FINNIGAN dismissed, with prejudice, the intentional in?iction of
emotional distress cause of action on February 18, 2016.

WHEREAS, DEFENDANTS have denied and continue to deny 
allegations and claims,

WHEREAS, both DEFENDANTS and FINNIGAN now desire to settle fully and
?nally any and all disputes between them;

NOW. THEREFORE, in consideration of the mutual promises contained in this
Agreement, DEFENDANTS and FINNIGAN agree as follows:

1. ratio . in connection with the execution of this Agreement and
the release of claims provided for herein. the ASSEMBLY shall pay to FINNIGAN and her
attorneys the total sum of One Hundred Thousand Dollars ($100, 000. 00), paid with three
separate checks, as follows:

One check to Nancy Kathleen Finnigan in the amount of Eleven
Thousand Five Hundred Forty Nine Dollars and Ninety-Nine Cents
less applicable payroll withholdings. for which the
ASSEMBLY will issue a wage statement and Form 

One check to Nancy Kathleen Flnnigan in the amount of Twenty
Three Thousand Four Hundred Fifty Dollars without
any \Ivithholdings or deductions, for which the ASSEMBLY will
issue a Form 1099; -

(0) One check to the Law Of?ces of Mary-Alice Coleman, P.C. (Tax
ID No. 81-0690213) in the amount of Sixty-Five Thousand Dollars
and One Cent for which the ASSEMBLY will issue a
Form 1099 to the Law Of?ces of Mary-Alice Coleman, P.C.

50027737.v5

 Timing of gyment: All settlement checks, and the accompanying wage
statement. shall be delivered to the Law Of?ce of Mary-Alice Coleman. P.C.. no later than
twenty-one (21) days after the revocation period set forth in paragraph 3(c) expires.

3. Release. FINNIGAN herself and on behalf of her spouse. heirs, estate,
executors, administrators, agents, assigns, representatives. and attorneys hereby forever
releases and fully discharges DEFENDANTS and past and present members.
employees, of?cers, spouses, heirs, estates, executors, administrators, agents, assigns,
representatives, attorneys. predecessors, and successors from:

any and all claims, actions, judgments, obligations, damages,
demands, debts, liabilities, and causes of action that are claimed or alleged, or that
could have been claimed or alleged, arising from the matters stated in the pleadings and
papers on ?le in the Action;

any and all claims, demands, debts, and causes of action of
whatsoever kind or nature, whether known or unknown. suspected or unsuspected,
matured or un-matured, which FINNIGAN now owns or holds against DEFENDANTS,
and each of them, or has at any time heretofore owned or held against DEFENDANTS,
and each of them, based on any act or omission relating to, in connection with, or arising
out of employment with and/or termination from the ASSEMBLY. 'The
matters released Include, except as othenivise provided by law, any claims arising under
federal, state, or local laws including, but not limited to, any claims arising pursuant to
Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Civil Rights Act
of 1866, the Age Discrimination in Employment ACT of 1967 the Older
Workers? Benefit Protection Act the Fair Labor Standards Act, the
Americans with Disabilities Act, the Califomla Fair Employment and Housing Act, the
California Labor Code. common law and statutory tort or contact claims, and any claims
for attorneys? fees or costs.

Nothing in this Agreement shall release DEFENDANTS, or any
other person or entity otherwise released in this Agreement, from any claims that may
occur or arise after the date that this Agreement is signed by all parties.

4. further understands and agrees pursuant to the ADEA and the
OWBPA that

She has been given a reasonable time of up to twenty?one (21)
days in which to consider this Agreement before executing it. FINNIGAN understands
that she may use as much of this 21-day period as she wishes prior to signing this
Agreement, but she may sign as soon as she is ready;

She knowingly and voluntarily agrees to all of the terms set forth in
this Agreement, including her waiver of any claim she may have under the ADEA and
the OWBPA. and she intends to be bound by all of the terms ofthis Agreement;

(0) She has a full seven (7) days following her execution of this
Agreement in which to revoke the Agreement. Any such revocation must be in writing
and delivered prior to expiration of the revocation period to attorney,

50027737.V5

John Kennedy, at Nossaman, LLP, located at 621 Capitol Mall, Suite 2500, Sacramento,
California 95814 and;

She has been, and hereby is, advised that this Agreement shall
not become effective or enforceable as against any party hereto until the revocation
period has expired.

This Agreement is entered into for valuable independent
consideration.

5 Approval of PAGA Settlement. This lawsuit contains a cause of action
under the Private Attorney General?s Act (PAGA) avers that the value of the PAGA
penalty is $100.00 DEFENDANTS specifically deny any liability for penalties under PAGA, but
do not contest the penalty allocadon by for purposes of resolving that cause of
action. shall prepare and file the necessary Motion and Declaration to obtain Court
approval for allocating this amount to the PAGA claim. shall be responsible for
making payment to the California Labor and Workforce Development Agency. Approval of the
PAGA settlement is a condition of this Settlement Agreement.

6. Dismissa_l With Preiudice. shall execute and file, or provide to
counsel to file, a Request for Dismissal with Prejudice of the entire Action no
later titan ?ve (5) business days after receipt by counsel of the settlement
payments. wage statement, and a true and correct copy of this Agreement signed by all
DEFENDANTS and their counsel. The parties agree to cooperate with respect to the execution
and ?ling of any papers or pleadings necessary or appropriate to effect a dismissal with
prejudice of the entire Action.

7. wiver of Civil Code Section 1542. expressly understands
and acknowledges that it is possible that unknown losses or claims related to her claims may
exist or that present losses may have been underestimated in amount or severity, and explicitly
took that into account in determining the amount of consideration to be paid for the making of
this Agreement. and a portion of said consideration and the mutual covenants contained herein
have been bargained for between the parties with the knowledge of the possibility of such
related but unknown claims, and were given in exchange for a full accord and satisfaction and
discharge of all such claims. Consequently, with respect to such related but unknown claims or
losses, expressly waives all rights under California Civil Code section 1542, which

provides that:

A general release does not extend to claims which the creditor
does not know or suspect to exist in his or her favor at the time of
executing the release, which if known by him or her must have
materially affected his or her settlement with the debtor.

also expressly waives all rights under any federal statute or law of similar effect.
8. No Admissions. The parties understand and acknowledge that this
Agreement constitutes a compromise and settlement of disputed claims. No action taken by the

parties hereto, or any of them, either previously or in connection with this Agreement shall be
deemed or construed to be an admission of the truth or falsity of any claims heretofore

50027737.v5

made; an acknowledgment or admission by any party of any fault or liability whatsoever to
any other party or to any third party.

9. No Prior ?signment; Indemn'y. FINNIGAN represents and warrants that
she has not heretofore assigned or transferred, or purported to assign or transfer, to any person
or entity any claim or other matter herein released. In the event that FINNIGAN has assigned or
transferred. or purported to assign or transfer, any claim or other matter herein released,
FINNIGAN shall indemnify DEFENDANT S, and each of them, and hold harmless
DEFENDANT S, and each of them, from and against any loss, cost, claim, or expense including
but not limited to all costs related to the defense of any action including reasonable attomeys'
fees based upon, arising out of. or incurred as a result of any such claim, assignment, or

transfer.

10. Emploment Separation. The ASSEMBLY shall change 
separation from employment designation from termination to resignation. FINNIGAN shall ?rst
provide the ASSEMBLY with a Letter of Resignation. Said Letter of Resignation is incorporated
herein by reference and attached as Exhibit A. This change shall be made effective no later
than ?ve (5) business days after the Request for Dismissal, with prejudice, of the entire Action
set forth in Paragraph 6 is entered by the court

11. References. Commencing on the date that FINNIGAN signs this
Agreement, all inquiries to the ASSEMBLY regarding employment by the
ASSEMBLY shall be directed to the then Human Resources Director, or any new title for that
position, of the ASSEMBLY.

in the event of any reference or job history request made of the Assembly, the
ASSEMBLY Human Resources Director will only con?rm the dates during which FINNIGAN was
employed by the ASSEMBLY, the position(s) she held during that time. and her final salary
upon her resignation on May 1, 2013.

12. Document Retemiog. A Stipulated Protective Order was entered by the
court in the Action on November 10, 2015. Pursuant to that Order. within 60 days after the ?nal
disposition of the Action, each Receiving Party is required to return or destroy all Protected
Material. Protected Material is any document, or other material, designated 
by the party that produced that material. ?All Protected Material' Includes all copies, abstracts,
compilations, summaries, and any other format of reproducing or capturing any of the Protected
Material. Pursuant to the Order, a written certi?cation from the Receiving Party to the Providing
Party must be provided by the 60-day deadline. This certi?cation must (1) identify all the
Protected Material that was returned or destroyed, and (2) affirm that no copies, abstracts,
compilations, summaries, or any other form of reproducing or capturing any of the Protected
Material have been retained.

As part of this Agreement, FINNIGAN agrees to return or destroy, and certify in
writing having done so, any and all materials pertaining to any and all deliberative and
communicative functions that are part of ASSEMBLY business that she still possesses. This
written certi?cation should provide that no copies of this material have been retained by
FINNIGAN, and this written certi?cation shall be provided within sixty (60) days of the ?nal
disposition of the Action or receipt of the settlement sum set forth in paragraph 1
above. whichever is later.

50027737.V5

Nothing in this section requires counsel for the parties to contravene California
Rule of Professional Conduct Rule 

13. Eersonnel File. Of?cial Personnel File shall be purged to
contain no materials or documents regarding her termination in 2013 or the Action. 
Termination Letter will be replaced with her Letter of Resignation, Exhibit A attached hereto.
The purge and replacement shall occur no later than five (5) business days after the Request for
Dismissal, with prejudice, of the entire Action is entered by the court. counsel
shall send written notice to Plaintiff's counsel con?rming that the purge has occurred.

14. Costs. The parties shall each bear their own costs, expert fees,
attorneys? fees and other fees incurred in connection with this Agreement and in connection with
the litigation. except as provided in subparagraph 1(b) above.

15. Attorney: Fees. If any party is required to bring a motion or legal action.
after ?rst having given written notice of any alleged non-compliance with any provision of this
Agreement and ?ve (5) business days to cure said alleged non?compliance, to enforce
compliance with any provision of this Agreement, the prevailing party on such motion or legal
action shall be entitled to recover the reasonable attorneys' fees and costs incurred in
connection with the motion or legal action. If a separate motion for attorneys' fees and costs is
filed relating to a motion or legal action to enforce compliance with any provision of this
Agreement, the prevailing party on such a separate motion is entitled to recover the reasonable
attomeys' fees and costs Incumd in connection with the separate motion.

16. Authom. The ASSEMBLY represents and warrants that the undersigned
has the authority to act on behalf of the ASSEMBLY and to bind the ASSEMBLY and all who
may claim through it to the terms and conditions of this Agreement. FOX, TURTLE,
and ROPER each individually represent and warrant that she or he has the capacity to act on
her or his own behatf and on behalf of all whom might claim through her or him to bind her or
him to the terms and conditions of this Agreement.

17. Governing Law. This Agreement shall be construed under and governed
by the laws of the State of California.

This agreement shall be deemed to have been entered into in Sacramento,
California, and all questions of validity, interpretation or performance of any of its terms or of any
rights or obligations of the parties to this Agreement shall be govemed by Callfomia law. If any
legal or equitable action is necessary to enforce the terms of this Agreement, such action shall
be brought in the State of California. County of Sacramento.

18. This Agreement, and the parties Stipulated Protective
Order, contain the entire agreement between the parties pertaining to the subject matter
contained in them and supersede any and all prior and/or contemporaneous oral or written
negotiations, agreements, representations. and understandings. The parties, and each of them,
understand that this Agreement is made without reliance upon any inducement, statement,
promise, or representation other than those contained within this Agreement. This Agreement
cannot be altered or amended except by a written agreement executed by all of the parties to
this Agreement.

50027737.VS

19. Severabil'ml. The provisions of this Agreement are severable. If any
provision of this Agreement or its application is held invalid, that invalidity shall not affect other
provisions or applications that can be given effect without the invalid provision or application.

20. Voluntary Execution of Agreement. This Agreement is executed
voluntarily and without any duress or undue in?uence on the part or behalf of the parties hereto,
with the full intent of releasing all claims. The parties acknowledge that:

They have read this Agreement,

They have been represented in the preparation. negotiation. and
execution of this Agreement by legal counsel of their own' choice or that they have
voluntarily declined to seek such counsel;

They understand'the terms and consequences of this Agreement
and of the releases it contains;

They are fully aware of the legal and binding effect of this
Agreement.

21. This Agreement may be executed in counterparts, each of
which shall be deemed an original. but all of which together shall constitute one and the same
instrument. True and correct copies of the original signed signature pages shall be deemed as
effective as the original signature pages.


DATED: 2017

 

 

 

 

 

DATED: March 2017 CALIFORNIA STATE ASSEMBLY
Debra Gravert
Chief Administrative Of?cer
DATED: March . 2017
STEVE FOX
DATED: March . 2017
ANN TURTLE
DATED: March 2017
LYNDA ROPER
-6 -

50027737.v5

    

 

0 fo
?60
DATED: .2017 r' EMAN. P.C.
. nma
Attorneys for Nancy Kathleen Finnigan
DATED: March 2017 NOSSAMAN LLP
By:
John T. Kennedy
Attorneys for California State Assembly,
Steve Fox, Ann Turtle. and Lynda Roper
.7 .

50027737.v5

mu

Nancy Kathleen Finnigan

 

 

May 1. 2013

Tasha M. Cherry
Human Resources Director

California' State Assembly
1020 Street, Suite 300
Sacramento. CA 95814

Re: Letter of Resignation
Dear Ms. Cherry:

I regret to inform you that I must resign my position with the California State Assembly to pursue
other opportunities. My resignation is effective 5:00 May 1, 2013.

Very truly yours.

Nancy Kathleen Finnigan

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