CONFIDENTIAL SETTLEMENT AGREEMENT AND

RELEASE OF CLAIMS

This Confidential Settlement Agreement and Release of Claims (the “Agreement”) is

made by and between David Longoria and Grasberg Capital, LLC (“Plaintiffs”) and Wells Fargo
Bank, N.A. (“Wells Fargo”). Plaintiffs and Wells Fargo may be referred to individually as a
“Party” or collectively as the “Parties.” This Agreement is effective as of the last date signed by
the Parties (“Effective Date”).

RECITALS

A. A dispute has arisen between the Parties with respect to Plaintiffs’ Wells Fargo
deposit accounts including, but not limited to, those ending in account numbers x5943, x6307,
x3881 (transferred to x8635), x9262, and x2148 (“Accounts”). Specifically, Plaintiffs contend
that: a third party gained access to the Accounts and initiated a series of transactions consisting
of (i) $3,000 Zelle, (ii) two $30,000 online transfers, and (iii) a $100,000 wire to a third party;
Plaintiffs filed a fraud claim with Wells Fargo; and, Wells Fargo denied the fraud claim
(“Dispute”).

B. The Dispute resulted in Plaintiffs filing a lawsuit in the Superior Court for the
State of California, County of San Deigo, styled David Longoria, et al. vs. Wells Fargo Bank,
N.A., Case No. 37-2023-00015907, and asserting causes of action for violations of the California
Customer Records Act, California Consumer Privacy Act, California Business & Professions
Code § 17200, California Commercial Code § 1101 et seq., and for negligence (“Superior Court
Lawsuit”), which was ordered to arbitration with the American Arbitration Association (“AAA”)
and assigned AAA Case No. 01-23-0005-9346 (“Arbitration”; collectively, the Superior Court
Lawsuit and the Arbitration are referred to as the “Action”).

C. The Parties desire to settle all matters between them and Plaintiffs wish to release
and discharge Wells Fargo from all claims of any kind existing as of the Effective Date.
Therefore, for good and valuable consideration, including the conditions, covenants, and
agreements contained herein, the Parties agree as follows:

AGREEMENT

1. Payment. For and in consideration of and subject to the releases and other
promises contained herein, Wells Fargo will pay to Plaintiffs the sum of $48,000.00
(“Settlement Payment”). Within 30 days of the Parties’ receipt of a fully executed Agreement
and Wells Fargo’s receipt of valid and completed IRS Form W-9s for David Longoria,
Grasberg Capital, LLC and Plaintiffs’ attorney, Wells Fargo will tender to Plaintiffs’ counsel
the Settlement Payment via check payable to “Golden & Cardona-Loya, LLP.” The check will
be mailed to Plaintiffs’ counsel at 3130 Bonita Road, Suite 200B, Chula Vista, CA, 91910.

2. Dismissal of Action. Within 5 days of receipt of the Settlement Payment,

Plaintiffs shall: (i) inform the AAA that the Parties have settled and the Arbitration should be
closed; and (ii) file a request for dismissal, with prejudice, of the Superior Court Lawsuit.

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 3. Release of Wells Fargo. Plaintiffs, on behalf of themselves, and their past and
present heirs, executors, administrators, beneficiaries, trusts, trustees, agents, representatives,
secondary and joint accountholders, predecessors, successors, and assignees, do hereby release
and forever discharge Wells Fargo and its past and present parent companies, holding
companies, subsidiaries, affiliates, associates, trustees, shareholders, directors, officers, agents,
employees, insurers, attorneys, representatives, predecessors, successors, assignees from any
and all demands, claims, causes of action, lawsuits, debts, liabilities, damages, losses, costs or
expenses, including attorney’s fees, of any nature whatsoever, known or unknown, suspected or
unsuspected, fixed or contingent, existing as of the Effective Date, including but not limited to,
all claims resulting from, based upon, arising out of, or related to the Accounts, Dispute and/or
Action. Plaintiffs release Wells Fargo from any and all claims they may have had with respect
to the recovery of the funds allegedly stolen from the Accounts.

4. Waiver of Civil Code Section 1542. Plaintiffs acknowledge and agree that they
have been informed of the provisions of Section 1542 of the Civil Code of the State of
California, and do hereby expressly waive and relinquish all rights and benefits that they have
or may have had under said section, which reads 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.

The release stated above shall be and remain effective despite any discovery by the Parties of
facts in addition to or different from those which they now know or believe to be true with
respect to the subject matter of the release.
5. Confidentiality. The Parties and their attorneys or other representatives agree
that they will keep the terms of this Agreement confidential, and that they will not disclose and
will not cause to be disclosed said terms to any other person, except to the extent required to
(a) respond to an order, inquiry, or subpoena issued by a court, government, or administrative
agency, (b) obtain appropriate legal, tax or financial advice from a party’s own professionals,
(c) report income or expense to appropriate tax authorities, (d) make required reports to
shareholders or regulatory agencies, (e) enforce this Agreement, (f) report information to insurers
and reinsurers or (g) respond to subsequent litigation, claims, or bring any motion for good faith
settlement if necessary.

6. No Admissions. The Parties understand and agree that this Agreement and/or the
settlement payment is/are not an admission on the part of any Party as to any liability
whatsoever, but that it is a compromise of disputed liability. No action taken by the Parties
hereto, or any of them, 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 or an
acknowledgment or admission by any Party of any fault or liability whatsoever to any other
Party or to any third party.

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 7. Attorneys’ Fees and Costs. The Parties each shall bear their own costs,
attorneys’ fees, and other fees and costs incurred.

8. Ownership of Claims. The Parties represent and warrant that they have authority
to enter into this Agreement, settle claims relating to the Accounts, Dispute and/or Action, and
grant the releases described in this Agreement.

9. Entire Agreement. This Agreement memorializes and constitutes the entire

agreement and understanding between the Parties with respect to the resolution of Plaintiffs’
claims relating to the Accounts, Dispute and/or Action, and supersedes and replaces all prior
settlement negotiations and proposed settlement agreements between the Parties with respect to
the resolution of Plaintiffs’ claims, whether written or unwritten. Any amendments to this
Agreement must be in writing and signed by all Parties.

10. Existing Accounts. Plaintiffs acknowledge and agree that the account
agreements (and any and all updates and/or amendments thereto) for the Accounts and any
other existing Wells Fargo accounts that are not the subject of the Dispute shall remain in full
force and effect. Nothing in this Agreement shall be deemed to change any of the terms of those
account agreements or Plaintiffs’ duties, obligations, and responsibilities with respect to those
existing accounts.

11. Taxes. Plaintiffs acknowledge and agree that Wells Fargo makes no
representations or warranties regarding the legal effect or tax consequences of this Agreement.
Plaintiffs expressly acknowledge that they neither received nor relied upon any tax advice from
Wells Fargo or its representatives and attorneys and that they will solely bear any tax liability
arising from or relating to this Agreement.

12. Ambiguities. It is understood and agreed that the general rule that ambiguities
are to be construed against the drafter shall not apply to this Agreement.

13. Representations and Voluntary Action. The Parties represent, warrant, and agree
that each has been represented by their own counsel or has had the opportunity to seek legal
representation, that they have thoroughly read and understood the terms of this Agreement and
have voluntarily entered into this Agreement to resolve all claims relating hereto.

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

15. Severability. Should any provision of this Agreement be held invalid or illegal,
such illegality shall not invalidate the whole of this Agreement, but rather, the Agreement shall be
construed and enforced with the minimum reformation necessary.

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///
16. Counterparts. This Agreement may be executed in one or more counterparts.
Each signed counterpart shall be deemed an original, and all together shall constitute one and
the same instrument. Facsimiles or electronic copies of original signatures shall be deemed
originals.

IN WITNESS WHEREOF, the Parties hereby execute the Agreement.

Dated: 6-10-2024 By:

David Longoria

Dated: 6-10-2024 Grasberg Capital, LLC

By: ________________________
Its: Manager

Dated: ______________ Wells Fargo Bank, N.A.

By: __________________________________
Its: __________________________________

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