HomeMy WebLinkAbout1994-09-06; City Council; 12839; Settlement("7Y OF CARLSBAD - AGPDA BILL '' ' '%
ATG.
)EPT. CA
SETTLEMENT OF LAWSUIT ENTITLED BETTS, ET AL. V. CITY, ET AL. CASE U.S. DISTRICT COURT CASE NO. 94-0357-H(CM)
DEPT. HD. -
CITY ATTy* MGR.
IECOMMENDED ACTION:
It is recommended that the City Council authorize settlement of this case by adopting Resolution No. 94-2Y2.and authorize the Risk Manager to make payment of the settlement amount from the liability fund .
ITEM EXPLANATION
This case arises from a mistaken search of Mr. and Mrs. Betts's home in Oceanside on May 4, 1993. Attached is the executed General
Release and Settlement of Claim.
FISCAL IMPACT
There are sufficient funds in the liability account to cover the settlement.
EXHIBITS
Resolution No. (?Y-aY& General Release and Settlement of Claim
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RESOLUTION NO. 94 - 747
-- 2-e- A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AUTHORIZING THE
._ EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE LAWSUIT ENTITLED BETTS, ET AL. V. CITY OF CARLSBAD, ET AL. , U. S. DISTRICT COURT CASE NO. 94-0357-H(CM)
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 Betts. et al. v. City of
Carlsbad, et al. 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 $6,632.66 from the liability self-
insurance reserve account for Betts, et al. v. City of Carlsbad.
3. That the Mayor 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 6th day
of .SEPTEMBER , 1994, by the following vote, to wit:
.- AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
ATTEST :
A-
NKRANZ, City Clel)k
Leedon Betts, et al. v. County of San Dieao. et al.
GENERAL RELEASE AND SETTLEMENT OF CLAIM
For the sole consideration of SIX THOUSAND SIX HUNDRED THIRTY-
TWO DOLLARS and 66/100 ($6,632.66), the undersigned hereby release
and further discharge CITY OF CARLSBAD and OFFICER PAUL MENDES
(both individually and in his capacity as a police officer), their
agents and employees, and allother persons, firms and corporations
from all claims and demands, rights and causes of action of any
kind the undersigned 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 May 4, 1993, which is the
subject of United States District Court, Southern District, Case
No. 94-0357-H (CM). Minors' compromise proceedings are to take
place before the Honorable Magistrate Curtis McKee with regard to
the minor plaintiffs LEE DONALD BETTS, JR. and JANISHA MARIA BETTS.
It is the express intent of this Release and Settlement Agreement
that the claims of the said minor plaintiffs are settled, dismissed
and forever barred. The minor plaintiffs and their parents,
plaintiffs LEEDON BETTS and THERESA MARIA BETTS have specifically
been counselled on this issue by their undersigned attorney and by
their signatures to this release, so attest.
Further, the undersigned hereby agree 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 agree to hold CITY OF CARLSBAD and OFFICER
PAUL MENDES (both individually and in his capacity as a police
officer) harmless, and to indemnify them for and against any claim,
GENERAL RELEASE AND SETTLEMENT OF CLAIM
Leedon Betts, et al. v. County of San Dieao. et al.
Page 2
lien or debt which has arisen or may arise from the incident
described herein, including but not limited to Worker's
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 all parties, 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. The above-mentioned consideration
expressly includes all attorneys' fees and costs whatsoever. Any
additional claim for attorneys' fees pursuantto 42 U.S.C. Sections
1983 and 1988 are hereby waived by the undersigned and their
attorney.
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: 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, we intend to give up and
discharge all rights and claims to damages to persons and/or
properties, even though some of such damages may not have shown
themselves at the time of acceptance of this settlement.
DATED :
LEEDON BETTS, Plaintiff
c
ci -zuImtc THERESA MARIA BETTS, Tlaintiff
GENERAL RELEASE AND SETTLEMENT OF CLAIM Leedon Betts, et al. v. Countv of San Dieao, et al.
Page 3
N BETTS, on behalf of
LEE DONALD BETTS, JR. and JANISHA
DATED
MARIA BETTS, minor plaintiffs
APPROVED AS TO FOR# AND CONTEhT:
DATED :
c
orney B
MAURIZIO ,& MANGINW
for PlaiKtiffs LER~XSV'BETTS,
THERESA MARIA BETTS, LEE DONALD
BETTS, JR. and JANISHA MARIA BETTS
ADDENDUM TO SETTLEMENT AND RELEASE IN Betts et al. v. Countv of San Dieao et al.
USDC NO. 94-0357-H(CM)
The parties to the attached settlement and release hereby also agree that:
1. Immediately following receipt of the last settlement check, so that the gross settlement of $39,000.00 will have been received from all defendants by plaintiffs, plaintiffs shall file a dismissal with prejudice as to the entire action and as to all defendants.
2. Immediately following the filing of the dismissal of the action, any and all videotapes, photographs and negatives which portray any aspect of the incident of May 4, 1993, at 1026 San Juan
Street, Oceanside, shall be destroyed.
Date:
Date: e * Date:
Date: .-
PTaintiff Leedon Betts
Betta, on behalf of
Plaintiff Lee Donald Betta Jr . a Minor
don Betts, on behalf of
Plaintiff Janisha Maria Bette,
a Minor
APPROVED: 1 7
Date : fij?
MAURIZIO-A. MANGINI -
Lee Donald Betta Jr. and Janisha
Maria Betts
Attorneys for Defendants City
of Carlabad, Paul Mendes