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HomeMy WebLinkAbout1992-01-14; City Council; 11508; SettlementClT OF CARLSBAD - AGEND -BILL ''#- 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 2 .- A .*. 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. 3 (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. 4 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 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. 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