HomeMy WebLinkAboutFarmers Insurance Exchange; 2023-11-13;Fanners Insurance Exchange v. City of Carlsbad, et al
FarDJers Insurance Excl1ange v. City of Carlsbad, et al
1542. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. 4.0 Enforceability 4.1 The Parties acknowledge and agree that the San Diego Superior Court, North County Division, and in particular the San Diego Superior Court Judge assigned to this Action, Honorable Earl H. Maas, III or his successor, retains jurisdiction over this Agreement. 5.0 No Admission of Liability 5.1 The Parties acknowledge and agree that this Agreement is in settlement of a disputed claim, and no party admits liability or the sufficiency of any claim, cause of action, or allegation. This Agreement does not constitute an admission by any party. 6.0 General Provisions 6.1 This Agreement constitutes tl1e entire understanding of the Parties and supersedes all prior agreements. 6.2 This Agreement may not be modified without the written consent of each of the Parties. 6.3 This Agreement shall be governed in all respects under all applicable federal and California laws. 6.4 The Parties acknowledge and agree that all Parties participated in the drafting of this Agreement and waive any rule of contract inte1pretation which requiresor permits ambiguities in the language or meaning of this Agreement to be construed against the drafting party. 6.5 If any portion of this Agreement is deemed void, unenforceable, or contrary to public policy or any law, the remainder of this Agreement shall remain in full force and effect. 6.6 This Agreement may be executed in counterparts which shall be considered togetl1er as one Agreement. A fax signature, photocopied signature, or electronic signature shall be deemed the same as an original signature. 3 SETTLEMENT AND RELEASE AGREEMENT Farmers Insurance Exchange v. City of Carlsbad, et al
6. 7 Each undersigned acknowledges and agrees they are authorized to enter .intothis Agreement. Dated:_1_1 _/1_3 ____ , 2023 By: APPROVED AS TO FORM: Dated:_1_1 /_1_3 ____ , 2023 By: Dated:_1_1/_1_3 ____ :, 2023 By: 4 Farmers Insurance Exchange Kevin H. Park
[name]
authorized representative
[title] Farmers Insurance Subrogation & Recovery Law Firm Kevin H. Park Attorney for Plaintiff Farmers Insurance Exchange Dean Gazzo Roistacher LLP Mitchell D. Dean Rachel M. Zuckowich Attorneys for Defendant City of Carlsbad SETTLEMENT AND RELEASE AGREEMENT Farmers Insurance Exchange v. City of Carlsbad, et al.