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Home My WebLink AboutKRAUSE, ASHBY SEGOVlA; 2026-06-18;Settlement Al'.reement and Mutual Release 1. In consideration or a waiver of costs, attorneys' lees, withdrawal of all pending motions, and a full release of all claims, the undersigned, ASHBY SEGOVlA KRAUSE by and through his guardian ad litem Patty Segovia Krause ("Krause" and/or "Releasor"), hereby fully releases and discharges, for himself and for his heirs, executors, representatives, administrators, agents, insurers, successors and assigns, CITY OF CARLSBAD, and its subsidiary entities, elected and appointed officials, officers, directors, employees, agents, successors and assigns ("City of Carlsbad" and/or "Released Parties"). Releasor hereby releases and forever discharges the Released Parties from any and all claims, demands, actions, or causes of actions for loss, injury, damage, or detriment, whether known or unknown, in any way resulting from or growing out of matters which are the subject or the civil lawsuit filed in lhe Superior Court of California, County of San Diego, Case No. 24CU027798N, captioned Ashby Segovia Ksausc, a minor, by and through his guardian ad !item Patty Segovia Krause v. City of Carlsbad, ct al. 2. Krause agrees to dismiss the Complaint as to the City of Carlsbad ONLY without prejudice and will fully dismiss all claims against Carlsbad as described herein in exchange for Carlsbad's: ( 1) \Vaivcr of costs and attorneys' fees; (2) withdrawal of all pending motions, including the pending request for sanctions; and (3) a full release of all claims against Krause as described herein. Upon execution of this Agreement, Carlsbad will withdraw all pending motions and will take proposed hearing dates for dispositivc motions off calendar. Krause will provide Carlsbad with a signed dismissal without prejudice to be filed by Carlsbad after the execution of this Agreement and withdrawal of pending motions and reserved hearing dates. The Parties acknowledge that Krnuse's case \viii continue against the of.her Defendants in this case.. 3. Krause agrees this settlement is in full compromise of disputed claims as to both the issue ofliability and as to the nature, extent and pemrnnency of any such loss, injury, damage or detriment, and the waiver of costs is not to be construed as an admission of liability by any party. It is forthcr agreed that the nature, extent and results of any loss, ittjmy, damage or detriment sustained by the undersigned may nol now be fully known or anticipated, but the undersigned nevertheless desires to settle and compromise this claim in full. 4. Krause futther '1grces the undersigned attorney, Matthew R. Miller, Esq., as attorney of record for Plaintift~ is authorized to, and will, dismiss, \Vi th out prejudice, the Settlement and Release Agreement I 1 l P Complaint in its entirety as against Defendant City of Carlsbad upon execution of this agreement. 5. Krause represents and warrants that Re!easor is the sole owner of the above mentioned claims, demands, and causes or action, and that no assignment of any claims, demands, or causes of action have been made to any other person or entity, either expressly or by operation of law. 6. Krausc acknowledges thal liens exist relating to this lawsuit, and he agrees to fully pay or otherwise discharge all liens, including any and all attorney lien(s), and encumbrances of any type or nature on any recovery sought or obtained in connection with the action, the injuries and/or the accident, whether or not the Releasor has knowledge or has received notice of such liens and/or encumbrances . Releasor agrees to defend, hold hannless, and indemnify Released Parties against any loss, expense, lien, claims, actions, encumbrances, liability or damage (including eosls and attorney's fees) resulting from any assignment (whether express or by operation or law) of any of said claims, demands or causes of action, or resulting from Releasor's failure to fully pay or otherwise discharge any liens or encumbrances asserted by any person or entity. 7. 171e City of Carlsbad hereby fully releases and discharges Krause (including his parents, the guardian ad !item, and attorneys) from any and all claims, demands, actions, or causes of actions for loss, injury, damage_, or detriment, whether known or unknown, in any way resulting from or growing out of matters which are the subject of the civil lawsuit filed in the Superior Court of California, County of San Diego, Case No. 24CU027798N, captioned Ashby Segovia Krause, a minor, by and through his guardian ad Ii tern Patty Segovia Krause v. City of Carlsbad, ct al. 8. It is further understood and agreed that all rights under Section 1542 or the Civil Code of California and any similar law of any state or territory of the United States are hereby expressly waived. Said section 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 fovor 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." Relcasor represents and agrees the waiver of Civil Code Section I 542 is a material part of the consideration provided by the undersigned in exchange for t11e consideration paid by the Released Parties, and the undersigned understands and Settlement nnd Release AgTeement Ashby Segovia Krause 1, City of Carlsbad Page 2 of 5 acknowledges the Released Parties would not settle the action in the absence of such waiver. 9 The Pa1iies further acknowledges this Release and its reduction to final vvritten Com1 is the result of good faith negotiations between the parties, and involving their counsel. 10. It is understood the facts with respect to which this Release is given may turn out lo be other than, or different from, the facts now believed to be true, an<l the Panics, on behalf of themselves and those for whom they have power of attorney, therefore expressly assume the risk of the facts turning out to be different than the Parties believes them to be, and the Parties agree the foregoing Release shall in all respects be effective and not subject to tennination or rescission because of any such mistaken belief. I I. This Release shall not be construed in favor of or against any party hereto, bu1 shall be construed as if all parties hereto participated in its drafting and it is intended to he binding upon the heirs, personal representatives, assigns and otl1er successors-in intcrest of each party for whom this Release is made or executed. 12. The Parties hereby further acknowledge that they have read the Release, consulted with altorneys regarding the Release, and have been fully advised of all matters set forth herein. The Parties hereby represent that they full authority lo execute and hind the patties to this action. 13. This Settlement Agreement and Mutual Release shall be interpreted in accordance with and be governed in all respects with the laws of the State of California. u: for any reason, any provision hereof is found to be unenforceable, the remainder ofthc release shall nonetheless remain binding and in efTect. 14. The San Diego County Superior Court will exercise jurisdiction for purposes of enforcing this agreement. This agreement may be used as evidence in proceedings of any kind, including an action alleging a breach of this agreement. 1l1e parties expressly agree to waive the provisions of California Evidence Code § 1152 solely to the extent necessary to render this agreement admissible in a proceeding to enforce the provisions hereof. Scttlcmcnl and Rele[lsc Agreement Ashby Segovia Krause v. City of Carlsbad Page 3 or 5 15. This Release is to be understood as prohibiting any further actions to be brought or maintained agsinst Parties, whether f'om1al or informal, specifically including administrative claims. ! 6. The Parties agree to execute and deliver Lo the Ri.::leased Parties any and all papers and instruments that nrny he deemed necessary or appropriate to inslitutc, prosecute, settle or comprornisc any action or claim. 17. The Parties declare and represent that they h::ivc been fully advised by legal counsel with respect to the rcvie\v and execution of this Release and fi.trlher declare and represent tlrnt no promise, indll<:ement or agreement not herein expressed lrns been made lo the undersigned and lhat this Release contains the entire agreement between the parties hereto and that the tenns of this release arc contractual and nol z1 rrn.:rc recital. J 8. This Release may be executed by Cacsimi!e signature, and such signature shall be deemed a valid and binding original si1:,rnaturc. 19. This Release may be executed in multiple countcrpai-ts, each of which shall be deemed to constitute ::m original, and all of which taken together shall constitute one in the same instrument. 20. Each party and counsel agrees that each pcn;on/party to this Aic,'l'eernent will bear his/her/its own attorney's fees and cosls incurred in this litigation. Dated: Dated: 1,-,,~ r, t I l ~ l _ C • --J-. ('-A._ CITY OF CARLSBAD By: Geoff Patnoe Its: City Manager Settlement and Release Agreement Ashby Segovia Krause v. City of Carlsbad Page 4 or 5 APPROVED AS TO FOR!yl d~M1l . :a~ew R. Miller, Esq. At1omey for Plaintiff ,,--7 .- ! _ •• -· /' __ x;f ~-. Y-/;-73/e---------'----. Ll---t/l ' Jeffrey A. Mofris, 1tsq·.-•• ••• • Attorney for Defendant City of Carlsbad Set!lement and Release Agreement Ashby Segovia Krause v. City of Carlsbad Page 5 of 5