HomeMy WebLinkAbout2011-02-22; City Council; 20462; TERMS CONDITIONS GAETANI V. CITY OF CARLSBADCITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
DEPT.
20.462
2/22/11
CA
REPORTING OUT THE TERMS
AND CONDITIONS OF SETTLEMENT IN
GAETANI V. CITY OF CARLSBAD, ET
AL
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
There is no action to be taken by the City Council.
ITEM EXPLANATION:
The parties have now settled this issue under the authority given to the City Attorney by the City
Council at its closed session of November 9, 2010. This item satisfies the Brown Act
requirement to report the fact of a settlement approved in a prior closed session and makes the
terms and conditions of the settlement available to the public.
FISCAL IMPACT:
The total cost of the settlement is $2.9 million, of which the City is responsible for $500,000 and
the remaining amount of $2.4 million will be paid by the City's excess insurance carrier, Everest
National Insurance Company.
ENVIRONMENTAL IMPACT:
Reporting out the fact of Settlement is not a "project" within the meaning of CEQA and therefore
environmental review is not required pursuant to CEQA Regulation 15061(b)(3).
EXHIBITS:
1. Settlement and Release Agreement on file with the City Clerk.
DEPARTMENT CONTACT: Ronald R. Ball 760-434-2891 ron.ball@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
D
O
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
Frank Gaetani, et al, v. Vesna Radovanovic, etc., et al.
San Diego Superior Court Case No. 37-2009-00051045-CU-PA-NC
GENERAL RELEASE AND SETTLEMENT OF CLAIM
For the sole consideration of TWO MILLION NINE HUNDRED THOUSAND AND
NO/100 DOLLARS ($2,900,000.00), the undersigned hereby release and further discharge the CITY
OF CARLSBAD and EVEREST NATIONAL INSURANCE CO. along with their RELATED
PERSONS (RELATED PERSONS shall mean any person related or connected to the CITY OF
CARLSBAD or EVEREST NATIONAL INSURANCE CO. in any way whatsoever, past or present,
including but not limited to agents, employees, council members, administrators, managers,
consultants, experts, insurers, attorneys, successors, predecessors, parents, affiliates, assigns,
officers, partners, trustees, trustors, beneficiaries, directors, servants, agencies, representatives,
shareholders, individual members, and citizens) from all claims, 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 31,2008, which is the subject of San Diego Superior Court Case No. 37-2009-00051045-
CU-PA-NC.
Further, the undersigned hereby agree to release any and all claims, demands, rights, and
causes of action of any kind that may now exist, or may hereafter arise, as a result of the above
incident, and further agree to hold the CITY OF CARLSBAD and EVEREST NATIONAL
INSURANCE CO. and their RELATED PERSONS harmless and to defend and indemnify them for
and against any claim, complaint, cross-complaint, lien or debt which has arisen or may arise from
the incident described herein, including but not limited to Workers' Compensation liens, attorney's
liens, and medical liens of any type whatsoever. The undersigned also agree that they shall be liable
1
for any attorney fees and costs associated with enforcing this hold harmless agreement on behalf of
the CITY OF CARLSBAD, EVEREST NATIONAL INSURANCE CO. or their RELATED
PERSONS.
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.
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 OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST
HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH
THE DEBTOR."
By signing this General Release, we 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 settlementv
Dated: /- lty»t(
Dated:
. GAEtXNYPlaintiff
APPROVED AS TO FORM AND CONTENT:
Dated: f^ff'(f __
jCarla DeDominicis
/Attorney for Plaintiffs
f FRANK GAETANI
and JENNIFER GAETANI