HomeMy WebLinkAbout1990-03-13; City Council; 10522; SettlementCIT- OF CARLSBAD - AGEND~ILL
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MTG. 3/13/90
DEPT. CA
SETTLEMENT OF CASE ENTITLED
DYBDAL V. CITY OF CARLSBAD N40494
TITLE DEPT. HD.-
CITY MGR.
CITY ATT
It is recommended that the City Council authorize settlement of this case by adopting Resolution No. 90-5! and authorize the Risk Manager to make payment of the settlement amount from the liability fund .
ITEM EXPLANATION
This case arises from a trip and fall occurring on or about
December 26, 1987 on Sacada Circle. Attached is the executed
release and the dismissal.
FISCAL IMPACT
There are sufficient funds in the liability account to cover the
settlement.
EXHIBITS
Resolution No.
Release and Satisfaction Agreement
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RESOLUTION NO. 90-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AUTHORIZING THE EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE LAWSUIT ENTITLED DYBDAL V. CITY OF CARLSBAD
WHEREAS, by recommendation of the City Attorney the CASE NO. N40494
City Council of the City of Carlsbad, California has approved a
settlement in the case entitled Dvbdal v. City of Carlsbad; and
WHEREAS, there are sufficient funds available in the
liability self-insurance reserve account to pay the settlement,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the expenditure of $8,500 from the liability
self-insurance reserve account is authorized for the settlement
of said case.
3. That the City Council approve the settlement and
authorize disbursement of $8,500 from the liability self-
insurance reserve account.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of
the City Council of the City of Carlsbad on the 13th day of
March , 1990, by the following vote, to wit:
AYES: Council Members Lewis, Pettine, Mamaux and Larson
NOES: None /7
ABSENT: Council Mem
ATTEST:
GENERAL RELEASE AND SETTLEMENT OF CLAIM
For the sole consideration of Ten Thousand ($10,000.00)
Dollars, the undersigned hereby releases and further discharges
the CITY OF CARLSBAD, LADEAN LORE, TRACY CASTELLANO, and all other
persons and/or firms and corporations from all claims and demands,
rights, agreements, representation and causes of action of any kind
the unchrslq~ed RCW kas or hereafter ray have on account of or in
any way growing out of the damages resulting or to result from the
incident occurring on December 26, 1987, which is the subject of
San Diego Superior Court Case No. N40494.
Further, the undersigned does hereby agree to release
any and all claims and demands, rights and causes of action of any
kind that may now have been arisen or hereafter may arise as a
result of the above incident, and further agrees to hold the CITY
OF CARLSBAD, LADEAN LORE and TRACY CASTELLANO harmless, and to
indemnify them for arid against any claim, lien or debt which has
arisen or may arise from the incident described herein, including,
but not limited to Worker's Compensation liens and rnedical liens
uf &I,Y --- Lype wiiZtSOe\reL-.
This release expresses a full and complete settlement of
a liability claimed and denied on ths part cf all parties,
regardless of the adequacy of the above consideration, and the
acceptance of this release shall not operate as an admission of
liability on the part of any party hereto.
All rights given bhr Section 1542 of the Civil Code of
California, which is quoted below, are :..wived by the undersigned.
CIVIL CODE SECTION 1542: "A general release does not e'xtend to ciaims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which is known by him must have materially affected his settlement with the
debtor. It
By signing this General Release, the undersigned intends
to give up and discharge all rights and claims to damages for
personal injuries even though some of such damages may not have
shown themselves at the time of acceptance of this settlement.
Approved zs tc form and cxter?t:
-.-. ,-
Att6+ey for Plaintiff,
BETW'D. DYBDAL J I/
.. L
ul_l_/-_ ,I. "-.--L, --y.
MITCHELL 3. DEAN, ESQ. c
(. DAL,EY 6 HEFT
462 STEVENS AVENUE, SUITE 201
SOLAiiA BEACH, CA 92075
* (619) 755-5666
Attorr,ey(s) for Defendant.,. . CITY. .OF. .CA.&LSBm. .......
SUPERIOR COURT GF CALIFORNIA. COUNTY OF SAN DIECO
NORTH COUNTY JUDICIAL BRLVCH .......................................................................................................... (Name of braircn cairt. if aiy)
I Plaintiff(s): BETTY D. DYBDAL ,
Defendant(s): CITY OF CARLSBAD, et al.
(Abbreviated Tifle) I
CASE SL'VBEit N40494
- REQUEST FOR DISMISSAL
NPE OF ACTION
Q3 Perscnal Injurj, Property Damage and WronGlul Death:
0 Dcrr,estic Re!ations 0 Gther: (Speciiy) ....................................
0 Mo:crVehic!e 0 Gther 0 Eminent Domain
~~ ~~~ ~~ EALL RELATED CROSS-ACTIONS 1
TO THE CLEM: Please dismiss this action as follows: (Check applicable boxes.)
1. a With prejudice
2. Entire action 0 Complaint only 0 Petition or,ly 0 Cross-complaint only
0 Withou! prejudice
a Other: (Specify)'
[XI This dispases of all parties and causes of action.
................. Dated: ..... ./-. .~.C.T.. .l? G..
'I: dismissal reques:ed is o! specified parties only. a! specilied
causes o! acticn only or a! specified cross-complaints only, so
slate and idenlily Ihe pacies. causes of ac:icn or cross-conplainls
lo be dismissed.
3.2..? ..e?... .............
' "'&hen a c:css-cczlplalnl (cr Recpcnse (Mar:ieSe) seeking alfirma-
tive re!iel) is cn file. the a:icrney(s) for the cross-csmplainani
(:esgondenr) must sisn lhis c3nsent when required by CC?
531(1), (2) or (5). MITCHELL D. DEAN, ESQ.
DALEY & HEFT (Type or print a::orney(s) narr,e(s))
(To be completed by clerk)
G Disrzissal entered as reques:ed on ...................................................................................
0 Dismissal not entered as requested for Ihe following reason(s). and a':cr-ey(s) notified on ................................... C Dismissal entered on ..................................... as to on!y .................................................
ROBERT D. ZUML'JALT, Clerk
............................................... Dated 6Y . Deputy
Fcr.m Adopted by Rule 082 01
T.?e Judicial Councd of California
CC? sal. et.:
Cal. Rules o! Csur:.
Rule 1233
REQUEST FOR DISLIISSAL fievised E!lec:lve July 1. 1972
Fnrrii 52 C:, Cik. (12 741
t -
ATTACHMENT TO REQUEST FOR DISMISSAL:
vr
RE: Bettv D. Dybdal v. City of Carlsbad, et al.
San Diego Superior Court Case No. N40494
To THE CLERK: Consent to the above dismissal is hereby given:
DATED: LAW OFFICES OF STEPHEN J. SANDVOLD
-- EiLL E, S ! HEkGQi, Attorneys for Defendants/Cross-Complainants,
LADEAN LORE & TRACY CASTELLANO