HomeMy WebLinkAbout2001-05-15; City Council; 16189; Dewhurst and Johnston V. City of CarlsbadCITY OF CARLSBAD - AGENDA BILL 7
AB# TITLE: REPORTING OUT THE TERMS AND CONDITIONS OF DEPT. HD. 1 b 1 18 7
THE SETTLEMENT AS REQUIRED BY THE BROWN ACT IN
MTG. DEWHURST AND JOHNSTON V. CITY OF CARLSBAD, ET.AL. CITY Al-l-Y. s- 16*0 1
CASE NO. OOCV0883-H (RBB) (CIVIL RIGHTS ACTION)
DEPT. CA CITY MGR.
There is no action the Council needs to take.
ITEM EXPLANATION:
At the closed session hearing of March 27, 2001, the City Council discussed and approved a
proposed settlement of the above referenced case subject to court approval, which has now
been obtained. The case was settled before Magistrate Judge Brooks in Federal District Court
on April 4,200l in the amount of $75,000.
Attached is a copy of the Stipulation for Dismissal; Order Thereon and General Release and
Settlement of Claims provided for public review. This item satisfies the Brown Act requirement
to report the fact of a settlement of litigation approved in a prior closed session, and makes the
terms and conditions of the settlement available to the public.
FISCAL IMPACT:
The cost of the settlement is $75,000,
EXHIBITS:
Stipulation for Dismissal; Order Thereon and General Release and Settlement of Claims
MICHAEL R. MARRINAN Attorney at Law State Bar No. 90484 Law Offices of Michael R. Marrinan 2445 Fifth Ave., Ste. 200 San Diego, CA. 92101 (619) 238-6900
Attorney for Plaintiff
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UNITED STATKS DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
;AEL DEWHURST and ) CASE NO. OOcv0863-H (RBB) 1ICHARD JOHNSTON, ; STIPULATION FOR DISMISSAL;
Plaintiffs, ) ORDER THEREON
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VS. 1
ZITY OF CARLSBAD, 1 CARRIE ZAVALA and ) !fICHAEL KOCH, I Defendants. )
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This case having been settled as to all parties and causes of
action, IT IS HEREBY STIPULATED that this action may be dismissed
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ORIGINAL hk -.
00~~0863-H (RBB)
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in Itr entbety, with prmjudice.
IT XS SO STXPUTATPD.
D8ted:
Attomefy foi Plaiotiffm
Dated:
w
Attorarys for Dmfendantr
Good caUE)t aparing, XT IS 8ERERY OIWRED that thfs action be
dismiwmd in. itr entirety, with pra)udice.
Dated:
United ~t;alxs bhtrict Court
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ODcvD863-8 (mm)
dewrto to co -b
GENERAL RELEASE AND SETTLEMENT OF CLAIMS
Re: Lael Dewhurst, et al. v. Citv of Carlsbad, et al.
USDC Case No. 00~~0863 H (RBB)
Judge: Marilyn L. Huff - Courtroom: 1
Magistrate: Ruben B. Brooks
For the sole consideration of SEVENTY FIVE THOUSAND DOLLARS
and no/100 ($75,000.00), and an agreement to read an educational
brief to members of the Carlsbad Police Department, the
undersigned hereby release and further discharge the CITY OF
CARLSBAD and OFFICERS CARRIE ZAVALA and MICHAEL KOCH, and all
other CITY OF CARLSBAD employees, its attorneys and agents 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 27, 1999, which is the subject of
United States District Court, Southern District, Case No.
00~~0863 H (RBB).
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 the CITY OF CARLSBAD
and OFFICERS CARRIE ZAVALA and MICHAEL KOCH, 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 Worker's Compensation liens, attorneys' 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 or wrongdoing on the part of any party hereto.
Specifically, all defendants have contested liability and
continue to contest liability and all defendants deny any
wrongdoing whatsoever. The above-mentioned consideration
expressly includes all attorneys' fees and costs whatsoever. Any
additional claim for attorneys' fees pursuant to 42 U.S.C.
Sections 1983 and 1988 are hereby waived by the undersigned and
their attorneys.
All rights given by Section 1542 of the Civil Code of
California or any equivalent Federal statute or law, 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."
This agreement may be executed in counterparts
effect as if all original signatures were placed on
and all of which together shall be one and the same
with the same
one document,
agreement.
By signing this General Release, we intend to give up and
discharge all rights and claims to damages to persons and/or
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property, even though some of such damages may not have shown
DATED: 4-26 -cl{
N, Plaintiff
APPROVED AS TO FORM AND CONTENT:
DATED: 4hh LAW OFFICES OF MICHAEL R. MARRINAN
BY:
MICHAEL R.
Plaintiffs, LAEL DEWHURST and
RICHARD JOHNSTON
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