HomeMy WebLinkAboutRodriguez Crooks, Elizabeth; 1990-03-20;e 0
March 28, 1990
TO: City Clerk
FROM: City Attorney
RODRIGUEZ V. CITY OF CARLSBAD
Attached, for your files, is the signed original Settlemc
Agreement and Mutual Release of Claims in the above referenc lawsuit. Thank you for your assistance in this regard.
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VINCENT F . BIONDO , JR.
City Attorney
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attachment
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SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF CLAIMS
& This Agreement is made and entered into this p d
of March, 1990 by and between Elizabeth Rodriguez Croo
(I1RODRIGUEZ1*), on the one hand, and the City of Carlsbad ("CITY
on behalf of itself and its former and present employees, on t
other hand.
WHEREAS, RODRIGUEZ was employed by the CITY from Max
10, 1980 to January 1, 1985; and
WHEREAS, on January 1, 1985, RODRIGUEZ was retired fx
the CITY; and
WHEREAS, on October 24, 1984, RODRIGUEZ filed a cik
action against the CITY OF CARLSBAD, VINCENT JIMNO, ROBERT VALE
WILLIAM HUNTINGTON, MICHAEL VAN HOOSER, ROBERT EYER, MICHP
KELLY, AND WILLIAM READY in the Superior Court in and for t
County of San Diego, Case No. N27176, the pleadings of which a
incorporated herein by this reference; and
WHEREAS, the CITY and the other individual defendar
named in the Complaint have denied and disputed, and do now dc
and dispute, each and every one of the claims made against tk
by RODRIGUEZ in the civil action described above; and
WHEREAS, all of the parties to this Agreement now wj
to fully and finally settle and resolve all differences betwf
them and wish to avoid the risks and expenses which WOL
otherwise be encountered and incurred in the prosecution 2
defense of the civil action identified above through trial;
NOW, THEREFORE, in consideration of the premisc
covenants, and mutual promises herein contained, it is agreed:
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sum of $158,500.00,hLin full and B inal settlement of any and a
E
FIRST: That the CITY will pa d@vL p,,RODRIGUEZ the tot A.5 f&SL-~”#%& /,&z ’2 d>,&&& P8-J
claims and causes of action which are, or could have been, s
forth by RODRIGUEZ in her civil action against the CITY and t
other individual defendants: and
SECOND: That in consideration of the payment
monies referred to in paragraph FIRST above, RODRIGUEZ,
behalf of herself, her representatives, heirs, successors, a
assigns releases and forever discharges VINCENT JIMNO, ROBE
VALES, ROBERT EYER, WILLIAM HUNTINGTON, MICHAEL VAN HOOSE
MICHAEL KELLY, WILLIAM READY, and the CITY OF CARLSBAD, i
present and former council members, managers, employees, agent
representatives, successors, and assigns, from any and all civ
claims, rights, appeals, demands, actions, obligation,
liabilities and causes of action of any kind and every kin,
nature, and character whatsoever, whether known or unknown, whit
RODRIGUEZ may now have, have ever had, or may in the future haw
based upon the acts or omissions of the individually namt
defendants, the CITY or its present or former council member:!
employees, agents, representatives, successors and assigi
occurring before the date of this Agreement including, but nc
limited to, those acts, claims and causes of action which are, (
could have been, set forth in the pending civil action describt
above; and
THIRD: That in further consideration of the matter
referred to in paragraph FIRST above, RODRIGUEZ will dismiss wit
prejudice her complaint against the CITY and the othe
individually named defendants which is now pending in th
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Superior Court and will waive, forego, and surrender any right
appeal which she might otherwise have from any judgment or orc
heretofore entered in said action; and
FOURTH: That RODRIGUEZ expressly and voluntari
waives and relinquishes all rights and benefits otherwi
available to her under the provisions of Section 1542 of t
California Civil Code as well as the provisions of any comparak
or similar statute of any state or of the United States and/
the principles of common law if in any way applicable to tk
Agreement. RODRIGUEZ acknowledges that this waiver a
relinquishment is an essential and material term of th
Agreement without which the consideration described herein WOK
not be given and delivered. Section 1542 of the California Ciu
Code provides as follows:
General Release - Extinguished: A general release does not extend to claims which a creditor does not know or suspect to exist in his favor at the time of executing this release, which if known by him, must have materially affected his settlement with the debtor.
With this knowledge and understanding, RODRIGU
nevertheless waives any protections otherwise provided to her
the provisions of Section 1542 of the California Civil Code a
of any similar statutory or case law that may be applicable a
relinquishes any rights which she may otherwise have thereuna
to the fullest extent permitted by law; and
FIFTH: That RODRIGUEZ acknowledges, understands, a
agrees that the settlement of the claims described herein, a
the payment of legal consideration for such settlement, is not
be deemed, understood, or construed by her or anyone as
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admission of liability or responsibility on the part of the CI
or any of the individually named defendants; instead, th
Agreement memorializes the settlement of claims which are deni
and disputed by the CITY and the individually named defendant
and
SIXTH: That RODRIGUEZ acknowledges, understands a
agrees that her employment relationship with the CITY has be
permanently and irrevocably terminated and that she will neith
seek nor be considered for reemployment or reinstatement wi
the CITY at any future time; and
SEVENTH: That RODRIGUEZ is responsible for the payme
of any and all taxes and/or liabilities which may become due as
result of her receipt of the monies described herein and th
RODRIGUEZ hereby agrees to indemnify and hold harmless the CI
and the other individually named defendants from any ta
penalty, loss, cost, damage or expense incurred by them as
result of any taxing authority assessing any tax or penal
against the CITY as a consequence of any tax being due and unpa
on all or any portion of the monies paid to her pursuant to t
terms of this Agreement; and
EIGHTH: That should any provision of this Agreeme
be declared or determined by the court to be illegal or invali
the validity of the remaining parts, terms, or provisions sha
not be affected thereby, and said illegal or invalid part, ter
or provision shall be deemed not to be a part of this Agreemen
and
NINTH : That this Agreement sets forth the enti
Agreement between the parties hereto and fully supersedes any a
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all prior and contemporary agreements or understandings betwe
the parties hereto pertaining to the subject matter hereof 0th
than the Request for Dismissal with Prejudice which RODRIGU
will deliver to the CITY for filing in the pending civil actio
RODRIGUEZ further understands and agrees that this Agreeme
cannot hereafter be modified or amended by the parties here1
except by a written instrument executed by all of the sal
parties hereto: and
TENTH: That this Agreement and the provisioi
contained herein shall not be construed or interpreted for I
against any party hereto because said party drafted or caused tl
party's legal representative to draft any of its provisions; anc
ELEVENTH: That this Agreement is made and entered int
in the State of California and shall in all respects k
interpreted, enforced, and governed by and under the laws of the
state; and
TWELFTH: That RODRIGUEZ acknowledges and represent
that she has read this Agreement in its entirety, that she ha
had it explained to her by her attorney, that she understands th
terms used herein and the significance of said terms, that she i
satisfied with the terms of the settlement, that she has signe
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this Agreement voluntarily and in the absence of any dure
and/or undue influence, and that she presently has the ment
capacity to make and enter into this Agreement.
Dated: March&& 1990
Dated: March &E30
lizabeth Rodriguez Crooks
Dated: MarchdLy 1990 - J?A’lo&
Dated: March &,1990 LITTLER, MENDELSON, FASTIFF & TIC1
A Professional Corporation
BY GRI&& C. SINDICI, ESQ.
Attorneys for CITY OF CARLSBAD and MICHAEL VAN HOOSER
127WP2.174
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Resumes