HomeMy WebLinkAbout1992-01-14; City Council; 11508; SettlementClT OF CARLSBAD - AGEND -BILL
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1Ta.1/14/92
1EPT.r.n
VILLASENOR V. CITY OF CARLSBAD ET
TITLE: SETTLEMENT OF LAWSUIT ENTITLED
CASE NO. 112730
RECOMMENDED ACTION:
It is recommended that the City Council authorize settlement of
this case by adopting Resolution No. ?&?-/q and authorize the Risk Manager to make payment of the settlement amount from the liability fund .
ITEM EXPLANATION
This case arises from a traffic accident involving a City employee
on El Camino Real occurring on February 24, 1989. Attached is the executed release and satisfaction.
FISCAL IMPACT
There are sufficient funds in the liability account to cover the settlement.
EXHIBITS
Resolution No. Q$. -tq
Release and Satisfaction Agreement
RELEASE AND SATISFACTION
KNOW ALL MEN BY THESE PRESENTS:
That for an in consideration of the sum of seven thousand
dollars ($7,000.00), receipt of which is hereby acknowledge, the
undersigned, JESUS ZAMARRON VILLASENOR does hereby acknowledge full
satisfaction and payment of each and every claim and/or demand of
whatever kind or nature that now exists or may hereafter accrue on
behalf of the undersigned against the CITY OF CARLSBAD, its agents
and servants, or any other person or persons, firm, corporation,
association, partnership or entity acting on their behalf, charged
with responsibility for or liable directly, indirectly or
vicariously for damages and injuries to the undersigned, alleged to
have arisen or resulted from an incident, casualty or event which
occurred February 24, 1989, in the City of Carlsbad, County of San
Diego, State of California, and for which said damages the
undersigned claims that said CITY OF CARLSBAD, its agents and
servants, at said time and place, are legally liable in damages,
which said legal liability and damages are disputed and denied.
The undersigned do hereby release and discharge said CITY OF
CARLSBAD, its agents and servants, and any other person or person,
firm, corporation, association, partnership or entity acting on
their behalf, of and from each and every claim and/or demand of
whatsoever kind or nature, arising or to arise in favor of the
undersigned, including all claims for damage to property,
attorney's fee, loss of earnings, loss of services, or special
damage of any character, by reason of or growing out of the
aforesaid incident, casualty or event.
The undersigned will dismiss with prejudice that certain
action now pending in the Municipal Court, North County Judicial
District, for the County of San Diego, entitled Villasenor v. City
of Carlsbad and numbered 112730 on the files therein.
AS A FURTHER CONSIDERATION FOR THE MAKING OF SAID SETTLEMENT
AND PAYMENT, IT IS EXPRESSLY AGREED THAT:
1. All claims, past, present or future, are disputed and this
full and final settlement shall never be treated as an admission of
liability or responsibility at any time or in any manner whatsoever
on the part of the parties herein released.
2. This release is expressly intended to cover and include
all claims and attorney's fees, several or otherwise, past, present
or future, which can or may ever be asserted by heirs, or
otherwise, including all causes of action therefor, as the result
of the aforesaid accident, casualty or event, or the effects or
consequences thereof.
3. The undersigned understands and agrees that this is a full
and final release and that this release covers and includes all
claims and attorney's fees of every kind or nature, past, present
or future, known or unknown, suspected or unsuspected, and all
claims under Section 1542, Civil Code of California, are hereby
expressly waived. The undersigned understands said Section 1542
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 CITY
OF CARLSBAD and persons above named, its agents, and servants, and
any other person or persons, firm, corporation, association,
partnership or entity acting on their behalf, of and from any and
every claim and/or demand of every kind or character, including all
causes of action therefor, which can or may ever be asserted by
reason of injury to the undersigned as the result of the aforesaid
accident, casualty or event or as a result of this settlement.
5. The undersigned shall be considered to have agreed to all
the terms of this release and that the above-mentioned sum is the
entire and only consideration for this release.
6. This release shall bind and be binding upon the heirs,
executors, administrators and assigns of the undersigned.
FOR YOUR PROTECTION, CALIFORNIA LAW REQUIRES THE FOLLOWING TO
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 any
false or fraudulent claim for the payment of a loss under a
contract of insurance.
2. Knowingly file multiple claims for the same loss or
injury with more than one insurer with an intent to defraud the
insurer.
3. Knowingly prepare, make or subscribe any writing,
with intent to present or use the same or to allow it to be
presented or used in support of any such claim.
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(b) Every person who violates any provision of this section
is punishable by imprisonment in the state prison, for two, three,
or four years, or by fine not exceeding ten thousand dollars
($10,000), or both.
The undersigned does hereby authorize and direct that payment
of said sum be made by check or draft payable to the undersigned.
IN WITNESS WHEREOF, the undersigned does hereunto set his hand
and seal this .z/f day of , 1991.
WITNESSED:,
STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO 1 ) :ss
On this day of I 19- before me, the
undersigned notary public in and for the above county and state,
residing therein, duly commissioned and sworn, personally appeared , personally known to me, or provided to me on the basis of satisfactory evidence, to be the same person(s) described in and whose name is subscribed to this instrument, and acknowledged to me that he/she/they executed the same.
NOTARY PUBLIC IN AND FOR THE
STATE OF CALIFOlUJIA
SUBSCRIBING WITNESS NOTARY ACKNOWLEDGEMENT FOLLOWS
I represent plaintiff in this litigation and I have read the
foregoing ttRelease and Satisfaction" and have ended that my
f 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, the undersigned Notary Public, personally appeared ALFRED0 ASTORGA, personally known to me to be the person whose name is subscribed to the within instrument as a witness thereto, who, being by me duly sworn, deposes and says that He was present and saw JESUS ZAMARRON VILLASENOR, the same persons described in and whose name is subscribed to the within and annexed instrument as a party thereto, exciite the same, and that. said affiant subscribcd His name to the within instrument as a witness at the request of JESUS ZAMARRON VILLASENOR.
Title or Type of Document: RELEASE AND SATISFACTION
Number of Pages: (5) Including Notary Acknowledgement
Date of Document signed: November 25, 1991
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RESOLUTION NO. 92 - 14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AUTHORIZING THE
EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE
LAWSUIT ENTITLED VILLASENOR V. CITY OF
CARLSBAD. ET AL. CASE NO. 112730
WHEREAS, on recommendation of the City Attorney the
City Council of the City of Carlsbad, California has determined
that a settlement in the case entitled Villasenor v. City of
Carlsbad is in the public interest; 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.
3. That the City Council approves the settlement and
authorizes disbursement of $7,000 from the liability self-
insurance reserve account for Villasenor v. City of Carlsbad.
3. That the Settlement Agreement and Release is hereby
approved.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of
the City Council of the City of Carlsbad on the 14th day
0 f January , 1992, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaar
NOES: None
ABSENT: None
ATTEST:
2, Citv Clerk -EN R. KUNDTZ, Xssistant City' Clerk