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HomeMy WebLinkAbout1990-03-13; City Council; 10522; SettlementCIT- OF CARLSBAD - AGEND~ILL 4B# lo/ *z 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 9 0 - s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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