HomeMy WebLinkAbout20181114_Frison_Release Agreement (Executed)RELEASE IN FULL OF ALL CLAIMS
FOR AND TN CONSIDERATION OF THE SLIM OF $42,000.00 (Forty -Two
Thousand Dollars and no cents) ANDREW FRISON ("RELEASOR"), RELEASOR does
hereby release. acquit and forever discharge the CITY OF SAM LUIS OBISPO
("RELEASEE"), its attorneys, departments, successors, affiliates and assigns and/or its
associates, employees, agents, officials, executors and administrators and all other
persons, firms or corporations from every claire, lien, demand, right or cause of action,
whether known or unknown arising Obit of, or in any way connected with, the incident
which occ un -ed on or about April lb, 2017, involving the arrest and transportation of
RELEASOR by Police Officers employed by RELFASEE in the City of San Luis
Obispo, State cif Cvalifornia, and as further set forth in San Luis Obispo County Superior
Court Case No. 18C -020 ("THE AC110Iv"),
Within 30 days of the execution of this release by RELEASOR, RELEASEE will
provide a check payable to Andrew Frison and Gerardo E. Alcantara, Esq., for the full
settlement amount. Within 15 days of receipt of the check by RELEASOWS counsel,
RELEASOR shall dismiss THE ACTION with prejudice.
AS A FURTHER CONSIDERATION AND INDUCEMENT FOR THIS
COMPROMISE SETTLEMENT AND PAYMENT, IT IS EXPRESSLY WARRANTED
AND AGREED:
(1) That this is a iilll and final release cif any and all claims arising out of said
accident and includes, all unknown and unanticipated rights, claims, liens, causes of
action and damages resulting from said accident. Further, each part} hereto agrees to
assume their own fees and casts incurred in this litigation acid waives any and all
contractual an&or sta.lutory rights to collect game. Further, RELEASOR agrees to €ally
defend, indemnify and hold RELEASEE harmless from any and all liens arising out of
this accident, including, but not limited to, any Medicare and/or Fedi-Cal liens.
() That this is a compromise settlement of a doubtfiil and disputed claini. and
that the payment in consideration for this release shall not be deemed or construed as an
admission of liability on the part of any RELF..ASEE,
(3) That in executing this release, RELEASOR does hereby waive all rights and
benefits which he may now have or in the future may have under and by virtue of the
terms of Section 1.542 of the Civil Code or the State of California, which section reads as
follows:
"A general release docs not extend to the claims which the creditor does
not know or suspect W exist in his or her Favor at the tine of executing the
release, which if known by him or her must have materially affected his or
her settlement with the debtor."
(4) In the event Iegal action is brought rte) enforce any provision of the RELEASE
IN FULL OF ALL CLAIMS, the prevailing party shall be entitled to recover their
reasonable attorneys' fees and costs of suit.
(5) All parties agree to cooperate fully and to execute any and all supplementary
documents and to take all additional actions that may be necessary or appropriate to give
fall force and effect to the basic ternms and intent of this RELEASE iN FULL OF ALL
CLAIMS, and which are not inconsistent with its terms,
6 This RELEASE IN FULL OF ALL CLAIMS contains the entire agreement
between the parties, and it is expressly understood and agreed that it may not be altered,
amended, modified or otherwise changed in any respect except by a ".-Hting duly
executed by an authorized representative of each party.
(7) This RELEASE IN FULL OF Ai_I: CLAIMS is entered Into in the Stage of
Calilbmia and shall be construed and interpreted in accord, -m e with the laws of such
state.
(8) THIS RELEASE IN FULL OF ALT. CLAIMS MAY BE E ECUTFD IN
COUNTERPART,
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1'URFHER, RELEASOR(S) agree to reimburse and indemnify all released parties
for any amounts which any insurance carriers. government entities, hosPitals or other
persons or organizations may recover from them in reimbursement for amounts paid to
him or on his behalf as a result of this accident by way of contribution, subrogation.
in&.1- unity, or otherwise.
TIIE RELEASOR HAS REAM AND UNDERSTANDS THE 'TMS AND
NATURE OF THE FOREGOING RELEASE AND WARRANTS THAT THE
RELEASE CONTAINS THE, "ENTIRE AGREEMENT" BETWEEN THE PARTIES
HERETO. AND NO PROMISE, INDUCEMENT GIS AGREEMENT NOT
EXPRESSLY ONTAINED HEREIN HAS B F. N MADE_
The RELEASOR has had the uppo7lunity to review this RELEASF. FIS F17LL OF
ALL CLAIMS with his attorneys) and frce1 and voluntarily executes the same,
Dated -Al , 2018
RELEASOR
As attorney(s) at law for the above plaintiff, I certify that. (a) I approve the
attached release as to form and (b) I acknowledge that the settlement is inclusive of
attorneys' fees.
1)ated: NDgC;';'1 6 82018
Gerardo IA lcantara, Esq,
AttomeyK for Plaintiff Andrew Frison
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