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Home My WebLink AboutCLEARY, ALAN B.; 1991-08-16;L i 0 0 / RECEIPT AND RELEASE AGREEMENT KNOW ALL PERSONS BY THESE PRESENTS: That the undersigned, ALAN B. CLEARY (hereinafter referred as "RELEASOR), for and in consideration of the sum of fiftc thousand dollars ($15,000.00) plus costs of one thousand se' hundred sixty nine and seventy five cents ($1,769.75) for a toi of sixteen thousand seven hundred sixty nine dollars and sevei five cents ($16,769.75) to the undersigned in hand this day pa the receipt whereof being hereby acknowledged, for and on behi of himself, his heirs, executors, administrators, successors, i assigns, has released, acquitted and forever discharged and these presents does release, acquit and forever discharge THE C: OF CARLSBAD, LAWRENCE MOORE and ROBERT EYER, the agents, servan. employees, successors, assigns, heirs, executors, administrato: managers, officers, directors, officials, indemnitors, and insurc of each of them, (hereinafter referred to as "RELEASEES"), and t other persons, firms, corporations, associations or partnersh of and from any, all and every claim, action, cause of actir demand, right, damages, lien, attorney's fees, costs, loss service, expenses, compensation and liability of whatever kind < nature, which the undersigned, his heirs, executo: administrators, successors or assigns ever had, now have, or 1 hereafter have, arising from or in any way growing out of any ( all known and unknown, foreseen and unforeseen bodily and perso: injuries, property damage and other losses and the consequenr thereof resulting or yet to result from the event(s), wh occurred on or about July 23, 1985, at or near Elm Avenue east Highland in the City of Carlsbad, County of San Diego, State California, and made the subject of a lawsuit numbered 60080 fi in the Municipal Court, in the County of San Diego, wherein it 1 alleged that RELEASOR suffered certain personal injuries as result of the alleged battery by RELEASEES. RELEASOR further acknowledges and agrees that of the to, settlement amount, ONE THOUSAND SEVEN HUNDRED SIXTY-NINE AND 75/ DOLLARS ($1,769.75) is specifically allocated to payment plaintiff's recoverable costs. RELEASOR warrants that he will solely responsible for any costs, expenses and lien payments ( to others (e.g., payment of the judge 3313 terr,) and shall hl RELEASEES harmless from any liability incurred therefrom. It is understood and agreed that this is a full and fi release of any and all claims arising out of said accident occurrence, including the rights and interests of the spouse of undersigned, and it is agreed as a further consideration inducement for this compromise settlement, that it shall apply all unknown, and unanticipated injuries, death, property damal or any other damage, loss of liability resulting from said eve as well as to those now disclosed. It is further understood agreed that this agreement has been made to resolve a dispu matter without any admission of liability or wrongdoing by party hereto. .& FmLExmR's lMYIALs PA(;E 1 OF 4 ? 0 0 ? It is further understood and agreed that THE UNDERSIGNED DOES WAIVE ALL RIGHTS AND BENEFITS WHICH HE NOW HAS OR IN THE FUTURE MAY HAVE UNDER AND BY VIRTUE OF THE TERMS OF SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH SECTION READS AS FOLLOWS: 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. The undersigned hereby declares and represents that in making this release it is understood and agreed that the undersigned relied wholly upon his own judgment, belief and knowledge of the nature, extent, affect, and duration of said injuries and liabilities therefor and is made without reliance upon any statement or representation of the party or parties hereto or on behalf of said RELEASEES. It is further understood and agreed that a true, accurate and complete photocopy of this document is deemed a duplicate original, each of them to have the full force and legal effect as such and may be signed, if necessary in counterpart. In further consideration of the aforesaid payment and the settlement agreement above-described, the undersigned authorizes his attorney, WILLIAM C. HALSEY, to dismiss with prejudice the said action in its entirety. In further consideration therefore, RELEASEES agree to withdraw and abandon the pending motions for judgment notwithstanding the verdict and for new trial. RELEASEES further agree to waive any right to appeal the jury verdict of June 14, 1991. THE UNDERSIGNED HAS READ THIS FOUR (4) PAGE RELEASE DOCUMENT AND FULLY UNDERSTANDS IT. J5 I Signed, sealed and delivered this /,& day of 1991. CAUTION: READ CARE LL BEFORE SIGNING RONALD Ln R. BALL, Assistant E City Attorney of Carlsbad on behalf of Defendants. /jfg &LSiiR 8 s INITIALS PAGE 2m4 . 0 0 b. *r NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) On this, the /&Le’‘ day of /!lj G ei.’T 7 I 1991, before me ? JihJ@A& Lgff , the undersigned Notary Public, personally appeared Alan B. Cleary, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribedto the within instrument, and acknowledged that he executed it. )ss. WITNESS my hand and official se [SEAL1 pursuant to Title 10 US(; 936, Article 136, 0CWd NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) )ss. On this, the 5th day of Sep t embe r , 1991, before me, Karen R. Kundtz , the undersigned Notary Public, personally appeared Ronald R. Ball, Esq. personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument on behalf of CITY OF CARLSBAD, LAWRENCE MOORE AND ROBERT EYER and acknowledged that he executed it on their behalf. WITNESS my hand and official seal. waturew N tary+JPublic [SEAL] RELEASOR’S INITIALS PAGE?. 3 OF 4 * * c e b I DECLARATION OF PLAINTIFF‘S ATTORNEY I am an attorney licensed to practice law in the St2 of California, and I hereby represent and declare that I have fully explained the foregoing Receipt and Release Agreement tc client, who in turn acknowledged to me an understanding of saj release and the legal effect thereof; and the signature on thc release was personally made by Mr. Cleary upon my advice and recommendation. .j/ I 5.4 , Dated: a/; ( , 1991 \ William C. Attorney fo Alan B. Cle DECLARATION OF DEFENDANTS’ ATTORNEY I am an attorney licensed to practice law in the St; of California, and I hereby represent and declare that I have fully explained the foregoing Receipt and Release Agreement tc client, who in turn acknowledged to me an understanding of sa: release and the legal effect thereof; and the signature on thc release was personally made by Mr. Ball upon my advice and recommendation. J”: ,,f/ i /”; / /,.+ / .$ ,sTI f i w, 1 ,/ ”- c ”Ld -%L - I # 1991 L_rJ-”&q&”-“-” .a: L? “. * - I 27 Dated: ‘Jdry a Anton C. Gerschlef, Esq. Attorney for Defendants City of Carlsbad, Lawrence Moort and Robert Eyer RELEASOR‘S INITIALS Page 4 of 4