HomeMy WebLinkAbout2002-08-13; City Council; 16856; Reporting Settlement - Schahn v. CityCITY OF CARLSBAD - AGENDA BILL
AB# 16,856 DEPT. HD. - TITLE:
MTG. 8-13-81
CITYMGR. GIN006452 DEPT. CA
CITY ATTY. e SETTLEMENT AS REQUIRED BY THE BROWN ACT IN
REPORTING OUT THE TERMS AND CONDITIONS OF THE
SCHAHN V. CITY OF CARLSBAD, ET AL., CASE NO.
RECOMMENDED ACTION:
There is no action the Council needs to take.
ITEM EXPLANATION:
At its closed session meeting of April 2, 2002, the City Council discussed and approved a
proposed settlement of the above referenced case subject to approval by all parties and the
Appellate Court. The court has approved the settlement in the form of a Minor's Compromise
and the lawsuit is now dismissed. 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.
The General Release and Settlement of Claim (attached) is provided for public review.
FISCAL IMPACT:
The cost of the settlement is $60,000.
EXHIBITS:
General Release and Settlement of Claim
"RF&.E?#P .~~~~4E.~~E~~ OF CLArM
schaha V. City of Caw
For rhe sole eonsiderarion of Sixty Thvusand DollarR and
no/loo ($60.000.00), the undersigned hereby releases and further
discharges the CITY OF CARLSBAD, its agents and employees, and
all other persons, firms and corporations from ail claims and
demands, rights and causes of action of any kind the undersigned
nvw cr hereafter nay ha;.e on account of or in ar~y Wdy
growing ?ut of the damages resulting or to result from the
incident bcccrrina on or about July 20, i999 which is the 6ubjecc
of San Dizgo Court of Ap2eal Cdae No. DO39405 (Superior Cuuxt
Case NO. GINOC6452). The settlement has been approved by the
Frobate Court a6 a valid nrinor's cumpromise.
Further, the urldersigned hereby agrees to release any and
01; claims and demands, riylllt; and causes of actlon ot any kind
that may now have arisen or hereafter may arise as a rscult af
the above iricident, ana r'urther ayzeer Lu hold the CITY OF
CARLSW hamless. and to indemiiEy it for and againsr any claim,
Llsn or debt which has axasen ~r may arise :ram the incident
described herein, including but nut lrmiLed to Worker's
Compensation liens and medical liens ot any type whatsoever.
fhjs release expresses a full and complete settlement of a
liability claimed and denied vn tile part OL all parties,
legardless af the adequacy or the above consideration. and the
dccepcance of this release shall not operate as an admisslor- of
liability on the part of any- parcy hereto.
AI). right8 given by Section 1542 cf the Civil Code of
California, which is quoted below. are waived by the undersigned.
CIVIL CODE SECTION 1.542: “A yexezal release does ECC
extend to claim@ which the credirrcr does not know or
sukpnrt to exisc in his favor a: the time of exer>;y%ng
affected his sectlernent with the debtor.”
the releas?, which if kr!nwn hy hi7 must have m;ite”rinl:y
Ry signing this General Release, I intend to give up and
discharge all rights and claims t? damagea to person and/or
property. even thmgh some of such damages may not have shown
themselves at the time of
DATED ! 7- 25: dz
APPROVLZD AS TO FORM AND C-:
b> her Guardian ad Litem DORA
SCHAHN
a