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HomeMy WebLinkAbout1992-10-06; City Council; 11913; Settlement-. I -- *P-- pi-/ i3/ A CI”’ OF CARLSBAD - AGENm BILL L-- CITY AllY TITLE: SETTLEMENT OF LAWSUIT ALVAREZ V. lB# /I! 9 f3 UTQ.10/6/92 CITY OF CARLSBAD RECOMMENDED ACTION: Adopt Resolution No. “i’-303 authorizing the City Attorney to sign the mutual release and settlement of claims. ITEM EXPLANATION Mr. Alvarez sued the City and two of its police officers resulting from an incident occurring in his apartment on October 14, 1991. He has agreed to dismiss his lawsuit entirely with prejudice provided the City agrees not to sue Mr. Alvarez for malicious prosecution or abuse of process. The police chief and this office recommend this settlement. FISCAL IMPACT There is no Payment to plaintiff as a result of this settlement. The City expenied approximately $8,815 in the court proceedings. EXHIBIT Resolution No. 92 - 303 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. 92-303 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE LAWSUIT ENTITLED ALVAREZ V. CITY OF CARLSBAD CASE NO. 120927 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 Alvarez v. Citv of Carlsbad is in the public interest: and WHEREAS, funds are unnecessary to settle this lawsuit, 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 City Council approves the settlement. . 3. That the City Attorney is authorized to sign the Settlement Agreement and Release which is hereby approved. PASSED, APPROVED AND ADOPTED at a Regular'Meeting of day. the City Council of the City of Carlsbad on the of OCTOBER , 1992, by the following vote, to wit: 6th AYES: Council Members Lewis, KdChin, Larson, Stanton, Nygaard NOES: None ABSENT: None ATPEST.: MUTUAL RELEASE AND SETTLEMENT OF CLAIMS The undersigned, JERRY ALVAREZ, hereby releases and further discharges OFFICER DAMIAN GARCIA, OFFICER ROBERT WICK, and THE CITY 01. CARLSBAD, from all cl-aims and demands, rights and causes of action of any kind the undersigned may now have, or hereafter may have on account of, or in any way growing out of, the damages resulting, or to result, from the incident occurring on or about October 14, 1991, which is the subject of the San Diego Municipal Court case number 120927. Further, the undersigned hereby agrees to release OFFICER DAMIAN GARCIA, OFFICER ROBERT WICK and THE CITY OF CARLSBAD from any and all claims and demands, rights and causes of action of any kind that may now have arisen or hereafter may arise as a result of the above incident, and further agrees to hold OFFICER DAMIAN GARCIA, OFFICER ROBERT WICK, and THE CITY OF CARLSBAD harmless and to indemnify them for and against any claim, lien or debt which. has arisen or may arise from the incident described herein, including but not limited to Workers’ Compensation liens and medical liens of any type whatsoever. I In consideration of this release, OFFICER DAMIAN GARCIA, OFFICER ROBERT WICK, and THE CITY OF CARLSBAD, hereby agrees to waive any and all claims against plaintiff JERRY ALVAREZ and his attorneys which arose from the incident or filing of this litigation, including those for malicious prosecution or abuse of process. *. OFFICER DAMIAN GARCIA, OFFICER ROBERT WICK and THE CITY OF CARLSBAD hereby releases and further discharges JERRY ALVAREZ and his attorneys from all claims and demands, rights and causes of action of any kind that OFFICER DAMIAN GARCIA, OFFICER ROBERT WICK and THE CITY OF CARLSBAD may have, or hereafter may have on account of, or in any way growing out of, the damages resulting, or to result, from the incident occurring on or about October 14, 1991, which is the subject of the San Diego Municipal Court case number 120927. Further, OFFICER DAMTAN GARCIA, OFFICER ROBERT WICK and THE CITY OF CAqLSBAD agrees to release JERRY ALVAREZ and his attorneys from any and all claims and demands, rights and causes of action of any kind that may now have arisen or hereafter may arise as a result of the above incident, and further agrees to hold JERRY ALVAREZ and his attorneys harmless and to indemnify them for and against any claim, lien or debt which has arisen or may arise from the incident described herein, including but not limited to Workers' Compensation liens and medical liens of any type whatsoever. This release expresses a full and complete settlement of a liability claimed and denied on the part of both parties hereto, 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 by section 1542 of the Civil Code of California, which is quoted below, are waived by the undersigned. CIVIL CODE SECTION 1542: 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. The parties represent and warrant each to the other that 2 I they have not assigned to any third party any of the claims which were intended to be released and discharged by this agreement. No party is aware of any other party who might assert some interest in any of the claims intended to be released and discharged hereunder. This agreement shall be binding upon and inure to the benefit of the heirs, successors, assigns, shareholders, officers, directors, employees and legal representatives of the parties and each of them. Each party agrees to bear his own costs and attorney fees as incurred herein. Should legal action be commenced to enforce the terms of this agreement or to seek clarification of this agreement, the prevailing party in such a legal action shall be entitled to reasonable attorney's fees and court costs incurred herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, effective as of July 24, 1992, on the date set forth below. By signing this General Release, I intend to give up and discharge all rights and claims to damages to persons and/or property against OFFICER DAMIAN GARCIA, OFFICER ROBERT WICK, /// /// /// /// /// /// /// /// 3 b 'I THE CITY OF CARLSBAD, JERRY ALVAREZ and his attorneys, even though the sum of such damage may not have shown themselves at the time of acceptance of this settlement. APPROVED AS TO FORM: .I, OFFICER DPIAN GARCIA / OFFICER u&L ROBERT 1 CK THE CITY OF CARLSBAD Atto$ey for Plaintiif, JERRY ALVAREZ NEAfi S. MEYGRS; 'EskJ - Attorney for Defenants, DAMIAN GARCIA, ROBERT WICK and THE CITY OF CARLSBAD 4