HomeMy WebLinkAbout2008-05-13; City Council; 19439; Reporting out the terms and conditions: ReesCITY OF CARLSBAD - AGENDA BILL
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DEPT.
19,439 REPORTING OUT THE TERMS AND
n_ ,;nR CONDITIONS OF THE GENERAL RELEASE
05/1 o/Uo AND SETTLEMENT OF CLAIMS IN
CA REES V. CITY OF CARLSBAD
DEPT. HEAD
CITY ATTY. S&-
CITY MGR. (jj^
RECOMMENDED ACTION:
There is no action the Council needs to take.
ITEM EXPLANATION:
The parties have now settled this claim under the authority given to the City Attorney by the
City Council at its closed session meeting of April 8, 2008. This item satisfies the Brown Act
requirement to report the fact of a settlement of a claim 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 Claims is attached.
FISCAL IMPACT:
The settlement amount is $105,000.
EXHIBITS:
1. General Release and Settlement
DEPARTMENT CONTACT: Ronald R. Ball, (760) 434-2891 rball@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
H
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
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GENERAL RELEASE AND SETTLEMENT OF CLAIMS
Re: Robert Rees. ct al. v. Citv of Carlsbad, et al.
United States District Court Case No. 07 CV 1344 JM (LSP)
Magistrate: Leo S, Papas
For the consideration of ONE HUNDRED FIVE THOUSAND DOLLARS and no/100
($105,000.00), the undersigned hereby release and further discharge the CITY OF CARLSBAD and
OFFICERS GEORGEZAVALAandGERRYELLSWORTH, 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 December 2, 2006, which is the subject of United States District Court,
Southern District, Case No. 07 CV 1344 JM (LSP). As additional consideration for the plaintiffs'
release and discharge described above, for a period of six months from the date this release is signed,
the CITY OF CARLSBAD, and its police department, agree that the plaintiffe Dr. Robert Rees and
Liliana Rees, may call Captain Mike Shipley and/or Police Chief Tom Zoll, at their direct phone
numbers if the plaintiffs suspect that they may be the target of police harassment or retribution, and
discuss such suspicions. By signing this release, plaintiffs acknowledge that they have already
received business cards containing the direct phone numbers for Captain Shipley and Chief ZolL
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 GEORGE ZAVALA
and GERRY ELLSWORTH, 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
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Worker's Compensation liens, attorneys' liens, and medical liens of any type whatsoever.
This release expresses a full and complete settlement of all 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 ail 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 with the same effect as if all original
signatures were placed on one document, and ail of which together shall be one and the same
agreement.
By signing this General Release, we 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 mis settlement^
DATED:
DATED:
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APPROVED AS TO FORM AND CONTENT:
DATED: V~ ^ '&» LAW OFFICES OF MICHAEL R. MARRINAN
BY:
MICHAEt R. MARRINAN,
Attorney for Plaintiffs
ROBERT REES and LILIANA REES
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