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HomeMy WebLinkAbout1993-12-07; City Council; 12486; Settlement4B # /3 df% IEPT. HTG. 12/7/93 CA It is recommended that the City Council authorize settlement of this case by adopting Resolution No.$!!-&& and authorize the Risk Manager to make payment of the settlement amount from the liability fund . DEPT. HD. CITY MGR. CITY AT TITLE. ' SETTLEMENT OF LAWSUIT ENTITLED ALLEN V. CITY CASE NO. N55071 ITEM EXPLANATION This case arises when plaintiff was arrested on May 26, 1991. The plaintiff and City have agreed to settle this lawsuit in the amount of $27,000. FISCAL IMPACT There are sufficient funds in the liability account to cover the settlement. EXHIBITS Resolution No. 9!945?0 General Release and Settlement of Claim 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. 93-320 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE LAWSUIT ENTITLED 8 CASE NO. N55071 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 Allen v. Citv of Carlsbaq 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. 2. That the City Council approves the settlement and authorizes disbursement of $27,000 from the liability self- insurance reserve account for Allen v. Citv of Carlsbad. 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 the City Council of the City of Carlsbad on the 7th day of DECEMBER , 1993, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: None ATTEST: Z, City Clerk KAREN R. KmZ, Wsistant City Clerk Lee Carlton Allen v. Citv of Carlsbad, et al. GENERAL RELEASE AND SETTLEMENT OF CLAIM For the sole consideration of twenty seven thousand dollars ($27,000.00), the undersigned hereby releases and further discharges the CITY OF CARLSBAD, OFFICERS MINGO PARRA and KEN BOWLIN and all other persons, firms and corporations from all claims and demands, rights and causes of action of any kind the undersigned now has 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 May 26, 1991, which is the subject of San Diego Superior Court Case No. N 55071. Further, the undersigned hereby agrees to release 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 the CITY OF CARLSBAD, OFFICERS MINGO PARRA and KEN BOWLIN harmless, and to indemnify them for and against any claim, lien or debt which has or may arise from the incident described herein, including, but not limited to, Workers' Compensation liens and medical 1ier.s of any type whatsoever. This Release expresses a full and complete settlement of a liability claimed and denied on the part of all parties, regardless of the adequacy of the above consideration, and the acceptance of this Release shall not operate as an admission of liability or wrongdoing on the part of any party hereto. expressly includes all attorneys' fees and costs whatsoever. Any The above-mentioned consideration additional claim for attorneys' fees pursuant to 42 U.S.C. Sections 1983 and 1988 are hereby waived by the undersigned and his attorneys. 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. By signing this General Release, I intend to give up and discharge all rights and claims to damages to persons and/or property, even though some of such damages may not have shown themselves at the of this settlement. \ LEE CARL'I'bN ALLEN APPROVED AS TO FORM AND CONTENT: DATED : 11- / 5-- 93 BATTAGLIA, FITZPATRICK 61 BATTAGLIA BY: ROBERT B. WTZPAmICK Attorneys for Pluintiff LEE cmmori ALLEN ADLER & MARRINAN BY: MICLkAEL R. MARRInAN Co-Counsel for Plaintiff LEE CARLTON ALLEN