HomeMy WebLinkAboutBevilacqua, Tom; 1991-01-07;6 * 0
GENERAL RELEASE AND SETTLEMENT OF CLAIM
For the sole consideration of THIRTY THOUSAND DOLLARS
($30.000.00), TWENTY SEVEN THOUSAND ($27,000.00) from the CITY
OF CARLSBAD; FIFTEEN HUNDRED DOLLARS ($1,500.00) from JAMES
CHASE & ASSOCIATES; FIFTEEN HUNDRED DOLLARS ($1,500.00) from
SANTA FE LANDSCAPE, the undersigned hereby releases and further
discharges CITY OF CARLSBAD, JAMES CHASE & ASSOCIATES and SANTA
FE LANDSCAPE and all related other persons, firms, corporations
and business entities from any and all claims and demands,
rights and causes of action of any kind the undersigned now has
or hereafter may have on account of or in any way growing out
of the subject incident which occurred on March 14, 1989, under
San Diego Superior Court Case No. N 45288.
Further, the undersigned does hereby agree to release any
and all claims and demands, rights and causes of action of any
kind that may now have arisen or hereafter may arise as a
result of the above incident, and further agrees to hold
CITY OF CARLSBAD, GAMES CHASE & ASSOCIATES and SANTA FE
LANDSCAPE and all other related persons, firms, corporations
and business entities harmless and to indemnify them for and
against any claim, Worker's Compensation lien, other lien or
debt which has arisen or may arise from the incident described
herein, including, but not limited to all Worker's Compensation
liens, medical liens and attorney liens of any type whatsoever.
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This Release expresses a full and complete settlement of a
liability claimed and denied on the part of all parties,
regardless of the adequacy of the above consideration, and the
acceptance of this Release shall not operate as an admission
of liability on the part of any party hereto.
All rights given by Section 1542 of the Civil Code of
California, which is quoted below, are waived by the
undersigned.
CIVIL CODE SECTION 1542: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. I'
By signing this General Release, I intend to give up and
discharge all rights and claims to damages to person and/or
property even through some of such damages may not have shown
themselves at the time of acceptance of this settlement.
BY: 1- 7 - qj DATED:
Litem to plaintiff
BRANDYLIN HAYES BEVILACQUA
APPROVED AS TO FORM:
City Attorney ATTEST: