HomeMy WebLinkAboutBulen, Darlene; 1990-03-21;1 0 0
RELEASE AND SATISFACTION
KNOW ALL MEN BY THESE PRESENTS:
That for an in consideration of the sum of twenty eisk
thousand five hundred dollars ($28,50OL receipt of which is herek
acknowledged, the undersigned, DARLENE BULEN, does herek
acknowledge full satisfaction and payment of each and every claj
and/or demand of whatever kind or nature that now exists or mz
hereafter accrue on behalf of the undersigned against the CITY C
CARLSBAD, its agents and servants, or any other person or persons
firm, corporation, association, partnership or entity acting c
their behalf, charged with responsibility for or liable direct11
indirectly or vicariously for damages and injuries to tk
undersigned, alleged to have arisen or resulted from an incident
casualty or event which occurred April 11, 1986, in the City c
Carlsbad, County of San Diego, State of California, and for whic
said damages the undersigned claims that said CITY OF CARLSBAD, it
agents and servants, at said time and place, are legally liable i
damages, which said legal liability and damages are disputed ar
denied.
The undersigned do hereby reiease arid discharge said CITY C
CARLSBAD, its agents and servants, and any other person or persor
firm, corporation, association, partnership or entity acting c
their behalf, of and from each and every claim and/or demand c
whatsoever kind or nature, arising or to arise in favor of th
undersigned, including all claims for damage to propert)
attorney's fee, loss of earnings, loss of services, or specia
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damage of any character, by reason of or growing out of tk
aforesaid incident, casualty or event.
The undersigned will dismiss with prejudice that certai
Court, North County Judiciz action now pending in thew
District, for the County of San Diego, entitled BULEN V. CITY C
CARLSBAD, WILLIAM MICHALEK and numbered N35218 on the filc
therein.
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AS A FURTHER CONSIDERATION FOR THE MAKING OF SAID SETTLEMEI
AND PAYMENT, IT IS EXPRESSLY AGREED THAT:
1. All claims, past, present or future, are disputed and thi
full and final settlement shall never be treated as an admissic
of liability or responsibility at any time or in any mannc
whatsoever on the part of the parties herein released.
2. This release is expressly intended to cover and incluc
all claims and attorney's fees, several or otherwise, past, preser
or future, which can or may ever be asserted by heirs, c
otherwise, including all causes of action therefor, as the resul
of the aforesaid accident, casualty or event, or the effects c
consequences thereof.
3. The undersigned understands and agrees t'nat this is a ful
and final release and that this release covers and includes a1
claims and attorney's fees of every kind or nature, past, preser
or future, known or unknown, suspected or unsuspected, and a1
claims under Section 1542, Civil Code of California, are herek
expressly waived. The undersigned understands said Section 154
provides :
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"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. It
4. The undersigned will indemnify and save harmless said CII
OF CARLSBAD and persons above named, its agents, and servants, ar
any other person or persons, firm, corporation, associatior
partnership or entity acting on their behalf, of and from any ar
every claim and/or demand of every kind or character, including a1
causes of action therefor, which can or may ever be asserted k
reason of injury to the undersigned as the result of the aforesaj
accident, casualty or event or as a result of this settlement.
5. The undersigned shall be considered to have agreed to a1
the terms of this release and that the above-mentioned sum is tk
entire and only consideration for this release.
6. This release shall bind and be binding upon the heirs
executors, administrators and assigns of the undersigned.
FOR YOUR PROTECTION, CALIFORNIA LAW REQUIRES THE FOLLOWING '1
APPEAR ON THIS FORM:
~t is unlawful tc;:
a. Present or cause to be presented, false or frauduler
claim for the payment of a loss under a contract of insurance.
b. Prepare, make or subscribe any writing, with intent t
present or use the same or to allow it to be presented or used i
support of any such claim.
e e
Every person who violates any provision of this section j
punishable by imprisonment in state prison or by fine not exceedir
one thousand dollars ($1,000) or both.
The undersigned does hereby authorize and direct that paymer
of said sum be made by check or draft payable to the undersignec
IN WITNESS WHEREOF, the undersigned does hereunto set his har
-. r , 1990. 4, -1.2
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and seal this qrwZf---'T$ f k!.
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t dA<& -. . Lfxl 7 L$! -L-&,m
DARLENE PN ' L "
STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO 1
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-/? */ C,'\ On thisA/ day of A]mcl f7;- , 19/ 0 before me, tk undersigned notary public in and for the above county and state &e ig'ng therei dul commissioned and sworn, personally appear€
- c-t'%&3?j- g I/iL& r\ , personally known to me, or provided t me on the basis of satisfactory evidence, to be the same person(s
described in and whose name is subscribed to this instrument, ar acknowledged to me that he/she/they executed the same.
STATE OF CALIFORNIA
foregoing "Release and ave recommended that m
client execute the same