(b)(2) 

D 

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MUTUAL RELEASE AND SETI'LEMENT AGREEMENT 

This Agreement is made and entered into on the latest date of any signature below 

between the FEDERAL DEPOSIT INSURANCE CO~ORATION, as Receiver of INDYMAC 

FEDERAL BANK. F.S.B. (hereinafter referred to as 11FDIC11), and RICHARD DINTINO and 

HUI TI aka HUI TI CIDANG aka ClllANG HUI TI (hereinafter collectively the ".OINTINOS") 

and· is made with reference to the following facts: 

WHEREAS, a dispute has existed between FDIC and the Dintinos; 

WHEREAS, on September 5, 2003, lndymac Bank filed an action against Richard 

Dintino ·alleging causes of action for: (1) breach of contract; (2) rnoney lent; and (3) unjust 

enrichment. San Diego Superior Court. Case No. GIC817333. The Court granted judgment 

against Richard Dintino, which was modified following the Decision of the Court of App~al, 

·Fourth Appellate District (hereinafter the "San Diego Judgment"); 

WHEREAS, FDIC filed an action against the Dintinos ent!tled Federal Dtposit. 

Insurance Corporation vs. Richard Dintino, et a/., Contra Costa County Superior Court, Case 

· No. COS-00669 (hereinafter the "Subject Civil Action"); and 

WHEREAS, FDIC and the Dintinos desire to compromise, terminate and settle the 

Subject Civil Action and the San Diego Judgment as between themselves and settle all claims 

· and demands of any nature whatsoever that the pmties may have against each other, and each of 

them. rdating in any way to all eWms, actions, causes of action, demands, liens, rights, 

damages, costs, loss of services; expenses or fees, including, but not limited to, those that arise 

out of 9t are in any way related to the claims ·made by each of the· parties in the Subject Civil 

Action. 

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-------:---------·- -------- · -.·Now··TIIEREFo:RE~ ··iii-·coiiSiifeiiiloii" ofilie-m.iituarcoven&nts ·ilerein -cont&Ine<fiil"d ------ -·-------------- ------ concurrently with the execution hereof, the parties hereto, agree as follows: · 

l. The recitals set forth above are incorporated herein, hereat, verbatim a·s though set forth 

in full . 

. 2. The Dlntinos shall pay to FDIC the sum of One Hmdred Twenty-Five Thousand Dollars 

($12S,OOO.OO), payable to Snipper, Wainer & Markoff in Trust for FDIC Within five (S) days of 

execution of this Agreement. 

3. Each party to this Agreement shall bear all its costs, expenses and attorney's fees incurred 

in connection with the Subject Civil Action. No party shall have the right to seek reimbursement 

for any -such costs, attorney's fees or expenses from ·any other party hereto. · 

4. Mutual Release of AU ClalmJ, 

A. Except as set forth herein, this Agreement covers and includes all claims of every 

. kind and nature, past, present. known and unknown, suspected or unsuspected, which the parties 

hereto may have against each other, related to or arising out of the allegations of the Complaint 

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in the Subject Civil Action. The parties to this Agreement further waive any and all rights or 

claims against each other under§ 1542 of the California Civil Code, which provides: 

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 rele~~ which if known by him or her must have 

materially effected his or her settlement with the debtor. 

Each of the parties does hereby waive and relinquish all rights and benefits he, she, or it 

has or may have under § 1542 of the California Civil Code to the full extent that he, she, or it 

may lawfully waive all such rights and benefits pertaining ~ the subject matters of this 

Agreement 

B. Except for the obligations expressly provided for herein, the Dintinos hereby 

expressly ana fully release, acquit and forever discharge the FDIC, together with FDJC•s agents, 

employees, affiliates, officers, 'directors and shareholders, attorneys, insurance companies, 

servants, assigns, predecessors, successQrs, heirs, executors and administrators ofindymac Bank 

(all of the foregoing perso113 and entities hereinafter collectively referred to as the 11FDIC 

Releasees") of and from any and all claims, debts, liabilities, liens, actions, causes of action. 

demands, rights, damages, costs, losses of services, expenses, attorney's fees and compensation 

of every nature, character and description which each party now holds or has or at any time held 

or may hereafter hold against the FDIC R,eleasees on account of or in any way arising out· of any 

9r all known or unknown, .foreBe!'n and unforeseen, injuries, damages, lost profits and 

consequences thereof resulting from or in any way arising out of the San Diego Judgment, the 

claims in the Subject Civil Action. 

C. Except for the obligations provided for herein, FDIC hereby expressly and fully 

___ ___:_·-·--·-·-.. ----relea.se,-acquit.and-forever-discharge.the.Dintinos,-together-with-the.Dintinos!.agents,employees, ...... _ -·---··-····-·····--···-·-

affiliat~ officers, directors and shareholders, attorneys, insurance companies, Bervants, assigns, 

pred~ssors, successors, heirs, executors and administrators (all of the foregoing ·persons and 

entities hereinafter collectively referred to as the "Dintinos' Releasees11) of and from any and all 

claims, .debts, liabilities, liens, actions, causes of action, demands, rights, damages, costs, losses 

of services, expenses, attorney's fees and compensation of every nature, character and description 

which each party now holds or has or at any time held or may hereafter hold against the Dintinos• 

Releasees on account of or in any way arising out of any or all known or unknown, foreseen and 

unforese~ injuries, damages, lost profits and consequences thereof resulting from or in any way 

arising out of the San Diego Judgment, and the claims in the Subject Civil Action. 

D. Notwithstanding any other provision, by this Agreement, the FDIC does not 

release, and expressly presertres fully, and to the same extent as if the Agreetnent had not been 

executed, any action taken by any othorfederal agency. FDIC shall provide an Acknowledgment 

of Satisf~ction of Judgment in the fonn· attached hereto as Exhibit A to the Dintinos within ten 

(10) days of the payment of $125,000.00 referenced in paragraph 2 of this Agreement. In 

addition, this Agreement does not purport to waive, or intent to waive, any claims which could 

be brought by the United States through either the Department of Justice or the United States 

Attorneys Office for any federal judicial district. 

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E. Within ten (10) days of the payment referred to in paragraph 2 of this Agreement, 

FDIC shall dismiss the Subject Civil Action with prejudice. Each side shall bear their own 

attorneys• fees and costs. 

F. Notwithstanding any provision in this Agreement, FDIC does ~ot release and 

expressly fully preserves, to the same extent as if~ Agreement had not been executed. any 

claim the FDIC has against the Dintinos with respect to indebtedness secured by the Dintinos by 

any property not referred to in this Agreement, the Subject Civil Action, or the claims underlying 

the San Diego Judgment. 

5. This Agreement constitutes a compromise and settlement of claims which are denied and 

contested. Nothiog in this Agreement, or any doctiment referred to herein, nor any act (including, 

but not limited to, the execution of this Agreement and/or the payment of the ·consideration for 

this Agreement) of any party hereto, nor any transaction occurring between any parties hereto 

prior to the date hereof. is or shall be treated, construed or deemed as an admission by any party 

hereto of any liability, fault, validity of any clai~ responsibility or guilt of any kind to any 

other party hereto or to any person, as to any allegation or claim in the Subject Civil Action or 

otherwise, for any purpose whatsoever, all such liability, fault, responsibility and gujlt of any 

kind being expressly denied by the parties. . . 6. Neither this Agreement nor any provision of this Agreement can be modified or waived 

in any way, except by an Agreement in writing signed by each of the parties hereto, consenting 

to such modification or waiver. 

7. FDIC warrants and represents that as to any released claim, it is the sole and absolute 

owner thereof, :fi"ee and clear of all other rights and interests therein and has the right, ability and 

sole power to release such claims. Further, FDIC represents and warrants that no right, claim, 

·-·-----·----cause-of-action,-demand,-or-.any-part-thereo~-which-either-of-them--has--against-Dintino-and/or---------·-·-····-·-···--

. Chiang has been or will be assigned, granted or transferred in any way to any other person, 

entity, firm or corporation, in any manner, including by subrogation. · 

8. All parties hereto do hereby acknowledge and agree that they have been·represented by 

independent counsel of their own choice throughout all negotiations which preceded the 

execution of this Agreement, that all such negotiations were arms length. and that they have 

executed this Agreement with the consent and upon the advice of said independent counse~ and 

not upon the advice of counsel of any other party hereto. 

9. This Agreement may be pleaded as a full and complete defense to, and the parties hereby 

consent that it may be used as the basis for an injunction against any action. suit' or other 

proceeding based on claims released by this Agreement. · 

10. Whenever in this Agreement the context may so require, the masculine gender shall be 

deemed to r-efer to and including the feminine and neuter, and the singular to refer to and include 

the plural, and vice versa. Whenever reference is made to one or more individuals or entities, it 

is understood that such reference shaH include the individual•s or entity's ·predecessors, 

decedents, ancestors, dependents, heirs, executors, ·administrators, assigns, successors, agents, 

employees, employers atJ,d counsel. This will be tme regardless of whether or not 8u~h 

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07/17/09 OZ:58PB 5nipp_e._t; Wainet & tlaikott 

( ' ~ 

p.U(; 

Individuals at·e specifically identified 01' 1\omcd · herein. as Ot)pc!Sed to being described as 

mQmber~ of a group or in any ather gr:m:ml tenns. . . 

11. This Asteement may be exequted in ono or morQ GOunterpam, e!'ch of wllieh shall be 

doeme<t 1\n ori$lnl\l, and all of which shall const.hute: QJWl Jn(l the $1.\n~ ~nstnu»ent. Rign~ul'(l by 

facaimile is acceptable. nnd by transmitting.8\lc:h fac:BI~nlh' Jignatur(IS; the partie& uclt represent 

and wammt thereby tbat they wiU promptly. upon request, t~tli\Blnit the origi11a.l to the other party 

by mllil, tnctpengel' or overru.gbt oourler to the otbor p~y provided, however. thot failutc to do 

so will not aft'eut the cnfor~bility oflhia A,grecmcnt. 

12. Tbi5 Agreement oonsriMes th~t entire Ag.n!lement between the parties hereto and lb~· 

tenna of thl$ Agreement are contrectuRI.and are nut more recitals. Ea~h part~rto tl\is Agreement 

acknowledges .tlmt na representations. indtaoerrn:nts, pmmisttt, or Agreem~:nts have been mada ~Y · ~ op behalf(lfatlY pltrty (I'Xe(lpt those- covena.r,.ts ·and Agreements embodied In this Asreetncnt. 

13. All ()\.!CIIliOtlf wJth re,pe<;t to the ®nstn:&ctian cr interpretation Qfthis Agreement aud the 

rights and liabilities ohhe parties hereto allall be govern~d by the laws ot"l.hc Staf.e ofCaUfbrnil\ 

Thi.s Agroement shall be dee~ed to have baen exoomed in Lo3 AllJ(Ill;l& County, ill the Stat~ of 

California. In the e\'oot (If any disput" or ~im in taw or equity arlsi11g between the parties 

re~ing thls.Agre&ment or atty rc.'IU1tln9 ctomltctiott, ~he ~rties agree UlM venue (Qr S\lch 

action wm be in lho- Superior Colll1 ofCo1ttrn Costa COltntti ~.allfum:Ja. 

·DATIW: .J"' l~ I J • :2009 

DA'JliD: __,,_..,--···--' 2009 

4 

RICHARD DINl'INO 

HUI "fl ab J:UJI 'l1 CIIIANG 

aka CHIANG 8111 TJ 
,~_~t:·;::_~-~-~;__:~--~-~~;.~~~'!: :_~_:-~_=_~-_.:_~_::~=:_I_:_.:: __ I_f;r_l_0 , : ·;; · :, ;: , , > · . :·.:<=·. _·r. ~·-:)::\ .. ··::- --.. ,._-. ·::·_· .. _. '.-. 

·· 0i~/ ~4eJ:Itlfi ecl or =~~:~~~~~~!~~~w to being ~~fi~~~;ta' : · . ,., . 

. •' ... . . 

~~~-pa~ nt.o~vld~:CJ. 

~fl'l~··· 

12. · ·rfili~·-·jj~~rn~~>~~ft~~~- tlt!' ~~ire ~~~=m~t.~eEi4· the P~::~~~---~-~~e tms-~~-t~~;~-~~~J.~M:j::pp.~~e~~·•n4- ~e .not:-~~re_-~{~~s._ ~~.,_~ ~·!ffi.t_~~ee~eut 

~9kt1.~w~O.:~s~:~~,~~!~P.t~·~~4~~~~.~~uci::n1eu~.- pi"Q~se~:0l'"~Sf~e-~o.lit~-ti~~-b-~ett~~a:d.t~'by or on behai~X;Jf.~~~~f'=~;-~~P,.t!~~:·®v~nts-pnd A~~~njJ;ilt:a.·&np_Od,ic:d ·in:·tbl$ .A:greeinent. 

lJ.. . Ml·qtl'tllt~on~~\\rttl{,r.ofAA~~t,.Q ··ibQ.CpWJtru-otlo~t or Ji1teq>retation of tllis Agreement and th~ rfJ3.~t$·at\~ -t~~i-~U$,-~ft,li~ paidesJi~eto:.~JrafJ:®=go~fll:~~:by ~e-~Q,w,:ofth~ ~te q£~1if.bmla. 

nils·. A:gre,lhe~ li~~ll '~~;-(t~~~:~ :to· h~ve· beett-exe®teq'Jh ~~,: ~cl~:eo:tfl\ty~:;in·ttr"'· ~j: 9f 

.Gelifoxnia. Jn· the ·e.v.~~~~ .tif,:~Y:·<4~to ·o/- clatt.n iri taw -or eqJ,dty ¢iSing 'I)~ th-e.-. partl~s 

· regatdi»g this Agreement or ~Y.- r~P.!~j~g tr-ililsaotion, the .pllrfi.es !I:Sree that venue for such 

a:otitlll-:wlll b.e ·in-the Superior court ofOo.titra:-Costa··County, -c~r~rhiA:. 

DATBD; -------~ 2009 

-- --·------·-·--·---------~7:.::7:-··--. ----- DATEn: ~2009 

DATED: 07 G). . 2009 

4 

_B.Igni~ 

'J!rlnt·N!iliWanil-Title 

r:J ._____I mc:_DJNTINtJ_~ _. . _____,I 

RUI TI aka HUl TI <!!lUANG 

aka CBIANG HUI TI 

I""" 

(b)(6) 

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