HomeMy WebLinkAboutReed, Christopher; 2025-04-14;Docusign Envelope ID: B66F98D7-8064-40D D-B333-45AA4C15CABE
SETTLEMENT AND RELEASE AGREEMENT
Christopher Reed v. City of Carlsbad, et al.
San Diego County Superior Court, North County Division
Case No. 37-2024-00001699-CU-PO-NC
This Settlement Agreement and Release Agreement ("Agreement") is entered into by
Plaintiff Christopher Reed ("Plaintiff') and Defendant City of Carlsbad (referred to
hereinafter as "City"). Plaintiff and City are collectively referred to as "the Parties."
1.0 Recitals
1.1 On or about March 22, 2024, Plaintiff filed his First Amended Complaint
("F AC") against the City of Carlsbad; Conam Tradition Owner L.L.C.;
Manzanita Tradition Apartments L.L.C.; Manzanita Partners, L.L.C., doing
business as The Tradition Apartment Homes and/ or Manzanita Apartments;
and Does 1 through 100, in the matter of Christopher Reed v. Ciry ef Carlsbad, et aL,
San Diego County Superior Court, North County, Case Number 37-2024-
00001699-CU-PO-NC (the "Action"). In the Action, Plaintiff alleges that, on
or about February 1, 2023, Plaintiff, who is paraplegic and wheelchair-bound,
sustained severe injuries when he attempted to enter the sidewalk on Cassia
Road from Nicolia Drive, at the main entrance of The Tradition Apartment
Homes and/or Manzanita Apartments, located at or near 19010 Cassia Road,
in the City of Carlsbad. ("the Incident.")
1.2 The Parties now desire to settle and resolve all aspects of the issue giving rise
to the Action between Plaintiff and the City. The Parties acknowledge and agree
that this Agreement was bargained for and is the result of arms-lengths
negotiations between the Parties and their respective counsel of record. All
parties represent that they understand the meaning and effect of this
Agreement, that they are fully competent to enter into it, and that they are doing
so knowingly and voluntarily without coercion or duress.
1.3 On February 18, 2025, Plaintiff served City with a California Code of Civil
Procedure section 998 Offer to Compromise in the amount of $100,000.
Counsel for Plaintiff and City agreed that City would accept the 998 by way of
Settlement Agreement. This agreement now accomplishes such acceptance by
City.
1.4 This Agreement, and any payment by City, is contingent upon a finding that the
settlement was made in good faith pursuant to Code of Civil Procedure section
877.6 by the San Diego County Superior Court, or by stipulation amongst the
remaining defendants.
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SETI'LEMENT AND RELEASE AGREEMENT
Christopher Reed v. City of Carlsbad, et al.
Docusign Envelope ID: B66F9BD7-8064-40DD-B333-45AA4C15CABE
2.0 Settlement Terms
2.1 In full and final settlement of the issues giving rise to the Action, and with
respect to any and all damages to Plaintiff arising out of the February 1, 2023,
incident as against City, City agrees to pay Plaintiff $100,000 ("Settlement
Funds") in exchange for Plaintiff filing a dismissal with prejudice with respect
to City in full and final settlement and a waiver of all claims asserted, or that
could have been asserted, known or unknown, suspected or unsuspected,
against the City in the Action. The City shall make the payment out to "Gomez
Trial Attorneys Trust Account" by check pursuant to instructions to
be provided by Plaintiff's counsel. Payment shall be made no later than
thirty (30) days after the date of the last signature on this Agreement.
2.2 In consideration of the payments and obligations described herein, Plaintiff on
his behalf, and all other persons or entities who may make any claim on
Plaintiff's behalf or who may take any interest in the matter herein, do release
and forever discharge the City, their agents, employees, heirs, assigns,
representatives, predecessors, successors, partners, joint venture partners,
parent companies, subsidiary companies, affiliates, divisions, directors, officers,
members, shareholders, attorneys, and insurance carriers, from any and all
claims, demands, rights, and causes of action that have arisen or hereafter may
arise out of the February 1, 2023, incident giving rise to this Action. The
Parties intend that with respect to the matters released herein, this is the
broadest release allowable under California law and is intended to include all
damages that could be envisioned to arise from the allegations of the Action.
2.3 Plaintiff agrees, no later than five (5) days after confirming receipt of the
Settlement Funds, to file a Request for Dismissal with prejudice of his F AC in
this Action against the City.
2.4 Each party shall bear their own costs and attorney's fees.
2.5 Plaintiff agrees to resolve all liens asserted against Plaintiff by any person or
entity arising from the February 1, 2023, Incident giving rise to the Action.
Plaintiff agrees to indemnify, hold harmless and defend the City and their
agents and employees, and all otl1er persons, firms, and corporations
should any person, entity or agency determine that its rights have not been
fully protected.
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SETTLEMENT AND RELEASE AGREEMENT
Christopher Reed v. City of Carlsbad, et al
Docusign Envelope ID: 866F98O7-8064-40DD-8333-45AA4C15CABE
3.0 Waiver of Civil Code Section 1542
3.1 The Parties, with respect to the releases in this Agreement, waive all rights given
by Civil Code section 1542, which is quoted below:
"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 Parties intend to release and discharge all claims, demands, rights, and
causes of action of any nature even though some of such damages may not have
shown themselves at the time of acceptance of this Agreement.
4.0 Enforceability
4.1 The Parties acknowledge and agree that the San Diego County Superior Court,
North County Division, and in particular the San Diego County Superior Court
Judge assigned to this Action, Honorable Earl H. Maas, III, or his successor,
retains jurisdiction over this Agreement.
5.0 No Admission of Liability
5.1 The Parties acknowledge and agree that this Agreement is in settlement of a
disputed claim, and no party admits liability or the sufficiency of any claim,
cause of action, or allegation. This Agreement does not constitute an admission
by any party.
6.0 General Provisions
6.1 This Agreement constitutes the entire understanding of the Parties and
supersedes all prior agreements.
6.2 This Agreement may not be modified without the written consent of each of
the Parties.
6.3 This Agreement shall be governed in all respects under all applicable federal and
California laws.
6.4 The Parties acknowledge and agree that all Parties participated in the drafting
of this Agreement and waive any mle of contract interpretation which requires
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SETTLEMENT AND RELEASE AGREEMENT
Christopher Reed v. City of Carlsbad, et al
Docusign Envelope ID: B66F9BD7-8064-40DD-B333-45AA4C15CABE
or permits ambiguities in the language or meaning of this Agreement to be
construed against the drafting party.
6.5 If any portion of this Agreement is deemed void, unenforceable, or contrary to
public policy or any law, the remainder of this Agreement shall remain in full
force and effect.
6.6 This Agreement may be executed in counterparts which shall be considered
together as one Agreement. A fax signature, photocopied signature, or
electronic signature shall be deemed the same as an original signature.
6.7 Each undersigned acknowledges and agrees they are authorized to enter into
this Agreement.
4/11/2025
Dated: ________ _
Christopher Reed, Plaintiff
APPROVED AS TO FORM:
04/11 /2025 Dated:__________ Gomez Trial Attorneys
By:
Brian Mason
Jessica Lujan
Lara Deitz
Jansen Hyatt
Attorneys for Plaintiff
Christopher Reed
Dated: 04/14/2025 Dean Gazzo Roistacher LLP
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By 1a,eiJL :er=
Mitchell D. Dean
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Rachel M. Z uckowich
Attorneys for Defendant
City of Carlsbad
SETTLEMENT AND RELEASE AGREEMENT
Christopher Reed v. City of Carlsbad, et al