HomeMy WebLinkAbout2011-10-11; City Council; 20705; REPORTING SETTLEMENT CODY CARTER V CARLSBADCITY OF CARLSBAD - AGENDA BILL 14
AB#
MTG.
20.705
10/11/11
DEPT. CA
REPORTING OUT THE GENERAL
RELEASE AND SETTLEMENT OF
WILLAIM CODY CARTER 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 August 23, 2011. 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 $340,000.
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. General Release and Settlement of Claims is 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 D
DENIED D
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER-SEE MINUTES
COUNCIL RECEIVED THE
REPORT/PRESENTATON
AUG.25.2011 11:03 8587555666 DALEV AND HEFT LLC #1956 P.002 '003
GENERAL RELEASE AND SETTLEMENT OF CLAIMS
Re: William Cody Carter v. City of Carlsbad, et al.
USDC Case No. 3:10-CV-010721EG (BLM)
For the sole consideration of THREE HUNDRED FORTY THOUSAND DOLLARS and
No/100 ($340,000.00) the undersigned hereby releases and further discharges the CITY OF
CARLSBAD, OFFICER SCOTT MERITT, and all other CITY OF CARLSBAD employees, its
police officers of any rank, its attorneys and agents, officers, council members (hereinafter
"CITY DEFENDANTS") and all other persons, firms and corporations from all liability, 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 October 31, 2009, which is the subject of United States District
Court, Southern District, Case No. 3:10-CV-1072 IEG (BLM). The undersigned hereby agrees
to dismiss said action, with prejudice forthwith.
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 agree to hold CITY DEFENDANTS, 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 pan 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 arc hereby waived by the undersigned and
their attorneys.
08/25/2011 10:15 RECEIVED FROM
AUG.25.2011 11:03 8587555666 DALEY AND HEFT LLC #1958 P.003 /003
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
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."
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. By signing this General Release, T also
agree not to alert or initiate contact with the press. If approached by any media representative, 1
agree to simply state that a settlement was reached, arid the amount and that I was pleased with
the outcome.
DATED: . . .
WlLLlAJVrCARTER, Plaintiff
APPROVED AS/TO FORM AND CONTENT:
DATED:LEPENElKw
By:
ttorneylor Plaintiff, William Cody Carter
08/25/2011 10:15 RECEIVED FROM 85R7fi5fifififi