HomeMy WebLinkAbout2005-07-19; City Council; 18207; Reporting Settlement of Colleen Kelly v City3
18,207 TITLE: REPORTING OUT THE TERMS AND CONDITIONS OF I- THE SETTLEMENT AS REQUIRED BY THE BROWN ACT IN
AB#
CITY OF CARLSBAD- AGENDA BILL
I DEPT. HD.
nk4 COLLEEN KELLY V. CITY OF CARLSBAQ ET AL. CASE
NO. IN040936
MTG. 7/19/05
DEPT. CA
CITY
CITY MGR.
RECOMMENDED ACTION:
There is no action the Council needs to take.
ITEM EXPLANATION:
The parties have now settled this lawsuit under the authority given to the City Attorney by the
City Council, and it has been 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.
FISCAL IMPACT:
The cost of the settlement is $75,000.
EXHIBITS:
General Release and Settlement of Claim
GENERAL RELEASE AND SETTLEMENT OF CLAIM
Colleen Kelly v. City of Carlsbad
For the sole consideration of Seventy-Five Thousand Dollars
and no/100 ($75,000.00), the undersigned hereby releases and
further discharges the City of Carlsbad, its agents and
employees, and all other persons, firms and corporations from 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 December 26, 2003 which is the
subject of San Diego Superior Court Case No. IN040936.
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 harmless, and to indemnify it for and against any claim,
lien or debt which has arisen or may arise from the incident
described herein, including but not limited to attorney's liens,
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.
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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 person and/or
property, even though some of such damages may not have shown
themselves at the time of acceptance of this settlement.
APPROVED AS TO FORM AND CONTENT:
LAW OFFICES OF DEAN A. GOETZ
By :
Z, Attorney
KELLY
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