HomeMy WebLinkAbout2001-12-04; City Council; 16439; Gonzalez vs City Of CarlsbadCITY OF CARLSBAD - AGENDA BILL -7
AB# &‘, L/3? TITLE- REPORTING OUT THE TERMS AND CONDITIONS OF
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THESETTLEMENT AS REQUIRED BY THE BROWN ACT IN
MTG. GONZALEZ V. CITY OF CARLSBAD. ET.AL.
CASE NO. 01 CV 0994 J (LSP) (CIVIL RIGHTS ACTION)
DEPT. CA
RECOMMENDED ACTION:
There is no action the Council needs to take.
ITEM EXPLANATION:
DEPT. HD.
ClTyATn.@’
CITY MGR. a
At the closed session hearing of October 16, 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 Judge Napoleon A. Jones, Jr. in Federal District
Court in the amount of $42,500.
Attached is a copy of the Stipulation of Dismissal and 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 $42,500.
EXHIBITS:
1. Stipulation for Dismissal and Order Thereon
2. General Release and Settlement of Claims
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DAL-&Y & HEFT MITCHELL rj. DEAN, ESQ. (BAR NO. 128926) FILED
ATTORNEYS AT LAW 462 STEVENS AVENUE, SUITE 201 -Of NW f5 All 81 -18 .
SOLANA BEACH, CA 92075 PHONE: (619) 755-5666 5 pp u.5. OlSTRICT pma,-r Qy Q4N BlSTRIGT OF CkLtruKHlA
Attorneys for Defendants, CITY OF CARLSBAD, CARLSBAD POLICE DEPARTMENT, OFFICER JAMES ALADITS, CHIEF JAMES HAWKS and CHIEF ROBERT .VALES
art DPPUTY
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
RICARDO GONZALEZ, -1
Plaintiff,
V. 1 sJ-mGE JAMES ALADITS, ET AL. ) COURTROOM i
. . - I
i
TRIAL : / -- Defendants.
IT IS HEREBY STIPULATED by and between the parties to this
action through their designated counsel that the above-captioned
action be and hereby is dismissed (@zk/without) prejudice
pursuant to Federal Rules of Civil Procedure 41(a) (1).
DATED : d+ 0 /
Cm. LEWIS, Attorney for Plaintiff, RICARDO GONZALEZ
DATED:
IT IS so ORMREP.
VATED \. \-)“+rr$ /(j, for Defendants CITY OF CARLSBAD, CARLSBAD POLICE DEPARTMENT,' - .
GENERAL RELEASE AND SETTLEMENT OF CLAIMS
Re: Ricardo Gonzalez v. James Aladits, et al. USDC Case No. OlCVO994J (LSP)
For the sole consideration of FORTY-TWO THOUSAND, FIVE
HUNDRED DOLLARS and no/100 ($42,500.00), the undersigned hereby
releases and further discharges the CITY OF CARLSBAD, CARLSBAD
POLICE DEPARTMENT, and OFFICER JAMES ALADITS, CHIEF JAMES HAWKS,
CHIEF ROBERT VALES, 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 June 27,
2000, which is the subject of United States District Court,
Southern District, Case No. OlCVO944 J (LSP).
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, CARLSBAD POLICE DEPARTMENT and OFFICER JAMES ALADITS,
CHIEF JAMES HAWKS and CHIEF ROBERT VALES, 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
his attorneys.
by the undersigned and
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 with the same
effect as if all original signatures were placed on one document,
and all of which together shall be one and the same agreement.
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 time of acceptance of this settlement.
DATED: t! 02 ?oc
APPROVED AS TO FORM
DATED:
AND CONTENT:
CM.%EWIS, Attorney for ' Plaintiff, RICARDO GONZALEZ : ,*,, 'i.