HomeMy WebLinkAbout1992-11-03; City Council; 11942; SettlementCI- OF CARLSBAD - AGENr"\ BILL
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TITLE: SETTLEMENT OF CLAIM - DON ALCALA JR.
RECOMMENDED ACTION: Approval of Resolution No. q2-.?(@approvhg the settlement of a claim for damages filed by Don Alcala Jr.
ITEM EXPLANATION
On March 21, 1992 a City of Carlsbad employee was involved in a traffic accident with Mr.
Alcala. The accident occurred when Mr. Alcala braked suddenly to stop for a vehicle ahead
of him, and the City employee was unable to stop in time and rear ended Mr. Alcala's vehicle.
Staff is asking the City Council to adopt the attached resolution accepting the proposed
settlement, and authorizing the City Manager to issue a check for $7,500 to Mr. Alcala.
A signed Release of All Claims agreement is attached as Exhibit 2.
FISCAL IMPACT
The amount of this claim will be paid from the City's Liability Self-Insurance Fund. Sufficient
funds exist to cover this payment.
EXHIBITS
1. Resolution No. (?# -32s
2. Release of all claims agreement.
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RESOLUTION NO. 92-322
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
THE SETTLEMENT OF A CLAIM FOR DAMAGES
FILED BY MR. DON ALCALA, JR.
WHEREAS Mr. Don Alcala, Jr. has filed a claim for damages related to a
traffic accident involving an employee of the City of Carlsbad and Mr. Alcala which
occurred on March 21, 1992, and
WHEREAS the claim for damages amounting to $7,500.00 has been
determined to be both reasonable and timely, and,
NOW, THEREFORE, be it resolved by the City Council of the City of
Carlsbad, California that the City Manager is hereby authorized to issue a check in the
amount of $7,500.00 in settlement of the above claim.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City
Council of the City of Carlsbad on the 2ea day of HOV- 1992, by the following
vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton, Nygaard
NOES: None
ABSENT None
AILTEST
A Exhibit 2
RELEASE OF ALL CLAIMS
KNOW ALL MEN BY MESE PRESENTS:
That the Undersigned, being of lawful age, for sole consideration
7500.00 of Seventy Five Hundred Dollars 00/100--------- Dollars ($ 1
to be paid to
dddoes hereby and for my/ourfits heirs executors, administrators, successors and assigns release, acquit and
Don & Corina Alcala, Individually, and as husband and wife
forever discharge City of Carlsbad, Steven PearCe; their subsidiaries, and tn eir employees
~
and his, her, their, or its agents, servants, successors, heirs, executors, administrators and all other persons, firms,
corporations, associations or partnerships of and from any and all claims, actions, causes of action, demands, rights,
damages, costs, loss of service, expenses and compensation whatsoever, which the undersigned now hadhave or
which may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen and
unforeseen bodily and personal injuries and property damage and theconsequences thereof resulting orto result from
March 92 19-1 the accident, casualty or event which occurred on or about the 21stdayof
atornear NO. River Road Oceanside, CA
It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that the
payment made is not to be construed as an admission of liability on the part of the party or parties hereby released,
and that said releasees deny liability therefor and intend merely to avoid litigation and buy their peace.
It is further understood and agreed that all rights under Section 1542 of the Civil Code of California and any similar
law of any state or territory of the United States are hereby expressly waived. Said section reads as follows:
“1 542. Certain claims not affected by general release. Ageneral releasedoes not extend toclaims which thecreditor
does not know or suspect to exist in his favor at the time of executing the release, which if known by him must haye
materially affected his settlement with the debtor.”
The undersigned hereby declare@) and represent(s) that the injuries sustained are or may be permanent and
progressive and that recovery therefrom is uncertain and indefinite and in making this Release it is understood and
agreed, that the undersigned rely(ies) wholly upon the undersigned’s judgement, belief and knowledge of the nature, extent, effect, and duration of said injuries and liability therefor and is made without reliance upon any statement or
representation of the party or parties hereby released or their representatives or by any physician or surgeon by them
employed.
The undersigned further declare(s) and represent(s) that no promise, inducement or agreement not herein expressed
has been made to the undersigned, and that this Release contains the entire agreement between the parties hereto,
and that the terms of this Release are contractual and not a mere recital.
I hereby represent that at the time I sign this Release I am not hospitalized in a medical facility nor was I admitted to
a medical facillty within the past 15 days.
THE UNDERSIGNED HAS READ THE ABOVE AND FULLY UNDERSTANDS IT TO BE A FULL AND FINAL RELEASE OF ALL CLAIMS. /” dayof ,19% .
SIDES BEFORE SIGNING.
Witness to signature \ c
Address of witness Slgnature
Witness to signature Signature
Address of wimess
CW-010 TURN OVER
L
FOR YOUR PROTECTION CALIFORNIA LAW REQUIRES THE FOLLOWING TO APPEAR ON THIS FORM:
Any person who knowingly presents false or fraudulent claim for the payment of a loss is guilty of a crime and may
be subject to fines and confinement in state prison.
ACKNOWLEDGEMENT UNDER OATH
State of I
Before me this day of 19 ,came
known to me to be the individual who executed this release, and acknowledged that
understood its contents and freely executed same for the sole consideration therein expressed.
fully
(HE-SHE-THEY)
Notary Public