HomeMy WebLinkAboutMiller, James, Patricia & Richard; 1990-03-23;T .. .- 3 0
RELEASE AGREEMENT
KNOW ALL PERSONS BY THESE PRESENTS:
That the undersigned, JAMES MILLER, PATRICIA MILLER and
RICHARD SCOT MILLER, by and through his Guardian ad Litem, JAME:
MILLER and JAMES MILLER and PATRICIA MILLER as heirs-at-law of
JAMES IAN MILLER, deceased, (hereinafter referred to as
"RELEASORS") for and in consideration of the sum of FIVE HUNDREI
AND FIFTY THOUSAND ($550,000.00) DOLLARS for and on behalf of
themselves, their heirs, executors, administrators, successors
and assigns, do release, acquit and forever discharge and by
these presents do release, acquit and forever discharge THE CIT:
OF CARLSBAD, its agents, servants, employees, successors,
assigns, heirs, executors, administrators, indemnitors, and
insurers of each of them, (hereinafter referred to as
"RELEASEES"), and all other persons, firms, corporations,
associations or partnerships including the City of Carlsbad's
attorneys, Neil, Dymott, Perkins, Brown & Frank, of and from an;
all and every claim, action, cause of action, demand, right,
damages, lien, costs, loss of service, expenses, compensation ar
liability of whatever kind and nature, which the undersigned,
their heirs, executors, administrators, successors or assigns
ever had, now have, or may hereafter have, arising from or in a1
way growing out of any and all known and unknown, foreseen and
unforeseen bodily and personal injuries, property damage and
other losses and the consequences thereof resulting or to resull
from the accident, casualty or event(s), which occurred on or
about November 13, 1988 at approximately 3:25 p.m., at or near
Rancho Santa Fe Road approximately .IO miles north of Cadencia
Street in the City of Carlsbad, County of San Diego, State of
California, and made the subject of a lawsuit numbered N45075
(previously filed. in San Diego Superior Court as Case No. 613231
in the County of San Diego, wherein it was alleged that RELEASOI
and decedent JAMES IAN MILLER suffered certain personal injurie!
and property damage as a result of the alleged negligence or
other wrongdoing of RELEASEES.
It is understood and agreed that this is a full and final
release of any and all claims arising out of said accident or
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occurrence, including the rights and interests of the spouse of
the undersigned, if any, and it is agreed as a further consider-
ation and inducement for this compromise settlement, that it shall apply to all unknown and unanticipated injuries, death,
property damage, or any other damage, loss of liability resultir
from said accident, casualty or event, as well as to those now disclosed. It is further understood and agreed that this ayree-
ment has been made to resolve a disputed matter without any
admission of liability or wrongdoing by any party hereto.
It is further understood and agreed that THE UNDERSIGNED D(
HEREBY WAIVE ALL RIGHTS AND BENEFITS WHICH THEY NOW HAVE 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 SECT101
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 execu-
ting the release, which if known by him must
have materially affected his settlement with
the debtor.
RELEASORS further understand and agree that said settlemenl
agreement is subject to the following:
1. Approval and/or ratification of the settlement by the
City of Carlsbad City Council after public hearing at
open session currently set for April 3, 1990;
2. The court's granting of the City of Carlsbad's motion
for good faith settlement and dismissal of cross-
complaints and/or claims for indemnity;
3. The court's approval with respect to any minor's
compromise hearing that may be required to effectuate
the settlement.
RELEASORS further understand and agree that in consideratic
of said payment, the undersigned will indemnify and save harmle:
the SAID RELEASEES, of and from, any and every claim, lien or
demand of every kind or character which has been or may ever be
asserted by way of subrogation because of any payments or
benefits provided to RELEASORS as a result of this incident.
The undersigned hereby declare and represent that the
injuries sustained are, or may be, permanent and progressive an(
that recovery therefrom is uncertain and indefinite and in makir
this release it is understood and agreed that the undersigned
rely wholly upon their own judgment, belief and knowledge of thc
nature, extent, affect, and duration of said injuries and
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liabilities therefor and is made without reliance upon any statc
ment or representation of the party or parties hereby 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 i
such and may be signed, if necessary in counterpart.
In further consideration of the aforesaid payment and the
settlement agreement above-described, the undersigned authorize
their attorney, Craig R. McClellan, Esq., located at McCLELLAN 1
ASSOCIATES 1144 State Street, San Diego, California 92101, to
dismiss with prejudice the said action at law now pending in thc
Superior Court in and for the County of San Diego, North County
Branch and nurrbered N45075 (formerly filed in San Dieyo Superioi
Court Case No. 613234) on file herein.
THE UNDERSIGNED HAVE READ THE FOREGOING RECEIPT AND
RELEASE AGREEMENT AND FULLY UNDERSTAND IT,
Signed, sealed and delivered this 23rd day of March 1
1990.
CAUTION: READ CAREFULLY BEFORE SIGNING,
II_ LS
JAMES MILLER, Plaintiff
Py 2 a
LS h&&Q h P h&&f PATRICIA MILLER, Plaintiff
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RI
and through his Guardian ad Litem,
James Miller
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LS
JAMES MILLER and PATRICIA MILLER,
Plaintiffs, as heirs-at-law of
James Ian Miller, deceased
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