HomeMy WebLinkAbout1990-03-13; City Council; Resolution 90-51I. t’ 0
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RESOLUTION NO. 90-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE LAWSUIT ENTITLED DYBDAL V. CITY OF CARLSBAD
CASE NO. N40494
WHEREAS, by recommendation of the City Attorney t:
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City Council of the City of Carlsbad, California has approvt
settlement in the case entitled Dybdal v. City of Carlsbad;
WHEREAS, there are sufficient funds available in ’
liability self-insurance reserve account to pay the settlemc
NOW, THEREFORE, BE IT RESOLVED by the City Counci
the City of Carlsbad, California, as follows:
1. That the above recitations are true and correc
2. That the expenditure of $8,500 from the liabi:
self-insurance reserve account is authorized for the settle]
of said case.
3. That the City Council approve the settlement i
authorize disbursement of $8,500 from the liability self-
insurance reserve account.
PASSED, APPROVED AND ADOPTED at a Regular Meeting
dz the City Council of the City of Carlsbad on the 13th
March , 1990, by the following vote, to wit:
AYES: Council Members Lewis, Pettine, Mamaux and Larson
NOES: None
ABSENT: Council Mem
ATTEST :
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GENERAL RELEASE AND SETTLEMENT OF CLAIM
For the sole consideration of Ten Thousand ($10,000.0~
Dollars, the undersigned hereby releases and further dischargl
the CITY OF CARLSBAD, LADEAN LORE, TRACY CASTELLANO, and a11 0th
persons and/or firms and corporations from all claims and demand
rights, agreements, representation and causes of action of any ki
the un~?e,~-sign& zcw .has DX hereafter nay !-;a-ge ori account of or
any way growing out of the damages resulting or to result from t
incident occurring on December 26, 1987, which is the subject
Sag Diego Superior Court Case No. N40494.
Further, the undersigned does hereby agree to relea
any and all claims and demands, rights and causes of action of a
kind that may now have been arisen or hereafter may arise as
result of the above incident, and further agrees to hold the CI
OF CARLSBAD, LADEAN LORE and TRACY CASTELLANO harmless, and
indemnify them for and. against any claim, lien or debt which 1
arisen or may arise from the incident described herein, includir
but not limited to Worker's Compensation liens and medical lic
,dc ~~i.~ 2" LY?~ K>iZtSoeVer.
This release expresses a full and complete settlement
a liability claimed and denied on the part cf all partic
regardless of the adequacy of the above consideration, and 1
acceptance of this release shall not operate as an admission
liability on the part of any party hereto.
All rights given bi7 Section 1542 of the Civil Code
California, which is quoted below, are 'iraived by the undersign1
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CIVIL CODE.SECTION 1542: "A general release does not e'xtend to ciaims which the creditor does not know
or suspect to exist in his favor at the time of
executing the release, which is known by him must have materially affected his settlement with the debtor. I'
By signing this General Release, the undersigned intc
to give up and discharge all rights and claims to damages
personal injuries even though some of such damages may not k
shown themselves at the time of acceptance of this Settlement.
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DATED: 1 *- , a9. fi& 4- L&/p ,125 &-I
BETTY 6. DYBDAI4
Zpprov~d 8s ts form an2 csntent:
$I -.-.
DATED: ,'-z aLb% lo, , =. 14 70 d&? ( y)&
TIMO;PRC/ J .-
At$oyh&y for Plaintiff,
B~T~/D c DYBDAL
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"DALEY & HEFT
462 STEVENS AVENUE, SUITE 201 W
SO-LAiiA BEACH, CA 92075
(619) 755-5666
l a
Attorr,ey(s) for Def.gnd.ant.3.. CITY. .OF. .CA.&LSB@. ....... !
SUPERIOR COURT GF CALIFORNIA. COUNTY OF SAN DIECO
NORTH COUNTY JUDICIAL BKLiCH
(Name of branch COrrr{, if i;rly)
..........................................................................................................
Plaintif!(s): BETTY D . DYBDAL, CASE SL'M8EA N40494
- REQUEST FOR DKMKSAL
NPE OF ACTION
Defendant(s): CITY OF CARLSBAD, et al. a Psscnal Injury, Property Damage and Wrongful Death.
c] ,L,lo!c: Vshic!e 0 Gther
!-J Dcmestic Re!ations c7 Eminent Domain 0 Other: (Specify) ..................................
(Abbreviated Title)
AND ALL RELATED CROSS-ACTIONS 1
TO THE CLERK: Please dismiss this action as follows: (Check applicable boxes.)
1. a With prejudice @ Without prejudice
2. @ Entire ac!ion 0 Complaint only 0 Petition only 0 Cross-complaint only 3 Other: (Specify)'
IX1 This disposes of at1 parties and causes of action. An
Dated: ..... ./-. .Z.C.-. ..7 0.. ................. -
'I: dismissal reques:ed is of specilied par:ies on!)', of specified A::orne:i(, f r ,Qhntiff, ...................................... BETTY D. DYBDAL causes of acticn cnly or cf specified crcss-complzinls onty. SO
s:a!e and idenlify the pacies. causes of ac:icn or cross-Conplainls lo be dismisseb.
TO THE CLERK: Consent to :he above dismissal is hereby Given."
Febfvw 3.2. .,..!?e..
I940
Da:ed: .. %. .. ..............
"'rllher, a cross-coz-plainl (or Respcnse (!ilar:itS?) seekir.s afficna-
live re!ie!) is cn liie. the z!;crney(s) fo: the c:oss-cznplainar.t CITY OF CARLSBAb' (res9ondent) must si~n this cznsenl when reqoired by CC?
5ai(l). (2) or (5). MITCEELL D. DEAN, ESQ.
DaEY 6 HEFT (Type or print a::orney(s) naGe(s))
(To be completed by clerk)
G Dismissal entered as reques:ed on ..............................................................................
@ Cisnissal entered on .................................... .as to cn!y ............................................
fi Dismissal not entered as requested for the following reason(s). and ao:crz2;/(s) notified on ..............................
ROBERT D. ZUklL'JALT, Clerk
6Y .c Dated ...............................................
Form Adopted by Ru!e SF32 ci
The Judicial Council 01 California
Ficvlsed E!fec:ive July 1. 1972
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REQUEST FOR DISILlISSAL
~~~~
CCP 581. e
Cal. Rules of
Rule 123
Forrrl 52 CO. Clk. (
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ATTACHMENT TO REQUEST FOR DISMISSAL:
RE: Betty D. Dybdal v. Citv of Carlsbad, et al. San Diego Superior Court Case No. N40494
TO THE CLERK: Consent to the above dismissal is hereby given:
DATED: LAW OFFICES OF STEPHEN J. SANDV
I BfLz x. 6! ;3xm;, Attorneys
Defendants/Cross-Complainan
LADEAN LORE & TRACY CASTELLAN