HomeMy WebLinkAboutVillasenor, Jesus; 1991-11-25; Settlement Agreement0 0 ,,
RELEASE AND SATISFACTION
KNOW ALL MEN BY THESE PRESENTS:
That for an in consideration of the sum of seven thousa
dollars ($7,000.00), receipt of which is hereby acknowledge, t
undersigned, JESUS ZAMARRONVILLASENOR does hereby acknowledge ft
satisfaction and payment of each and every claim and/or demand
whatever kind or nature that now exists or may hereafter accrue
behalf of the undersigned against the CITY OF CARLSBAD, its age:
and servants, or any other person or persons, firm, corporatii
association, partnership or entity acting on their behalf, char1
with responsibility for or liable directly, indirectly
vicariously for damages and injuries to the undersigned, alleged
have arisen or resulted from an incident, casualty or event wh
occurred February 24, 1989, in the City of Carlsbad, County of
Diego, State of California, and for which said damages
undersigned claims that said CITY OF CARLSBAD, its agents
servants, at said time and place, are legally liable in damag
which said legal liability and damages are disputed and denied
The undersigned do hereby release and discharge said CITZ
CARLSBAD, its agents and servants, and any other person or pers
firm, corporation, association, partnership or entity acting
their behalf, of and from each and every claim and/or demand
whatsoever kind or nature, arising or to arise in favor of
undersigned, including all claims for damage to prope:
attorney's fee, loss of earnings, loss of services, or spec
damage of any character, by reason of or growing out of
aforesaid incident, casualty or event.
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The undersigned will dismiss with prejudice that certa
action now pending in the Municipal Court, North County Judici
District, for the County of San Diego, entitled Villasenor v. Ci
of Carlsbad and numbered 112730 on the files therein.
AS A FURTHER CONSIDERATION FOR THE MAKING OF SAID SETTLEME
AND PAYMENT, IT IS EXPRESSLY AGREED THAT:
1. All claims, past, present or future, are disputed and tl
full and final settlement shall never be treated as an admission
liability or responsibility at any time or in any manner whatsoey
on the part of the parties herein released.
2. This release is expressly intended to cover and incli
all claims and attorney's fees, several or otherwise, past, pres
or future, which can or may ever be asserted by heirs,
otherwise, including all causes of action therefor, as the res1
of the aforesaid accident, casualty or event, or the effects
consequences thereof.
3. The undersigned understands and agrees that this is a f
and final release and that this release covers and includes
claims and attorney's fees of every kind or nature, past, pres
or future, known or unknown, suspected or unsuspected, and
claims under Section 1542, Civil Code of California, are her
expressly waived. The undersigned understands said Section 1
provides :
"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
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4. The undersigned will indemnify and save harmless said CI
OF CARLSBAD and persons above named, its agents, and servants, a
any other person or persons, firm, corporation, associatio
partnership or entity acting on their behalf, of and from any 3
every claim and/or demand of every kind or character, including 2
causes of action therefor, which can or may ever be asserted
reason of injury to the undersigned as the result of the aforesz
accident, casualty or event or as a result of this settlement.
5. The undersigned shall be considered to have agreed to i
the terms of this release and that the above-mentioned sum is *
entire and only consideration for this release.
6. This release shall bind and be binding upon the hei
executors, administrators and assigns of the undersigned.
FOR YOUR PROTECTION, CALIFORNIA LAW REQUIRES THE FOLLOWING
APPEAR ON THIS FORM:
Among other things, Insurance Code Section 556 provides:
(a) It is unlawful to:
1. Knowingly present to or cause to be presented
false or fraudulent claim for the payment of a loss undei
contract sf insurance.
2. Knowingly file multiple claims for the same loss
injury with more than one insurer with an intent to defraud
insurer.
3. Knowingly prepare, make or subscribe any writ:
with intent to present or use the same or to allow it to
presented or used in support of any such claim.
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(b) Every person who violates any provision of this secti
is punishable by imprisonment in the state prison, for two, thre
or four years, or by fine not exceeding ten thousand dolla
($10,000) , or both.
The undersigned does hereby authorize and direct that payme
of said sum be made by check or draft payable to the undersign€
IN WITNESS WHEREOF, the undersigned does hereunto set his h?
and seal this 7,f day of d,.- , 1991.
./ // WITNESSED:
-3eSCLS ?livrr?/a!&bi? I d-3, JESUS ZAMARRON VILLASENOR
. STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO 1 ) :ss
On this day of I 19 before me,
undersigned notary public in and for the above county and sta
residing therein, duly commissioned and sworn, personally appea , personally known to me, or provided me on the basis of satisfactory evidence, to be the same person described in and whose name is subscribed to this instrument, acknowledged to me that he/she/they executed the same.
NOTARY PUBLIC IN AND FOR THE
STATE OF CALIFORXIA
SUBSCRIBING WITNESS NOTARY ACKNOWLEDGEMENT FOLLOWS
I represent plaintiff in this litigation and I have read foregoing "Release and Satisfactionft and have recommended thal
client execute the same.
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STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
) ss.
On this, the 2nd Day of December 1991, before me, 1 undersigned Notary Public, personally appeared ALFRED0 ASTOR( personally known to me to be the person whose name is subscril to the within instrument as a witness thereto, Who, being by
duly sworn, deposes and says that He was present and saw JE:
ZAMARRON VILLASENOR, the same persons described in and whose nl is subscribed to the within and annexed instrument as a pa thereto: exciite the. same, and that said affiant subscribed His n to the within instrument as a witness at the request of JE
ZAMkRRON VILLASENOR.
Title or Type of Document:
Number of Pages: (5) Including Notary Acknowledgement
Date of Document signed: November 25, 1991
RELEASE AND SATISFACTION