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HomeMy WebLinkAbout20170905 Martinez 19197361 RELEASE OF ALL CLAIMS KNOW ALL MEN BY THESE PRESENTS: That the Undersigned, being of lawful age, for sole consideration of Twenty Thousand and 00/100 Dollars ($20,000.00) to be paid to Yolanda Martinez do/does hereby and for my/our/its heirs, executors, administrators, successors and assigns release, acquit and forever discharge City of San Luis Obispo, California and his, her, their, or its agents, servants, successors, heirs, executors, administrators and all other persons, firms, corporations, associations or partnerships of and from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever, which the undersigned now has/have or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen bodily and personal injuries and property damage and the consequences thereof resulting or to result from the accident, casualty or event which occurred on or about the 191s day of September, 2015, at or near South Higuea Street at 3985 South Higuera Street, San Luis Obispo, CA 93401. It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that the payment made is not to be construed as an admission of liability on the part of the party or parties hereby released, and that said releases deny liability therefor and intend merely to avoid litigation and buy their peace. It is further understood and agreed that all rights under Section 1542 of the Civil Code of California and any similar law of any state or territory of the United States are hereby expressly waived. Said section reads as follows: "1542. Certain claims not affected by general release. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." The undersigned hereby declare(s) and represent(s) that the injuries sustained are or may be permanent and 'progressive and that recovery therefrom is uncertain and indefinite and in making this Release it is understood and agreed, thatthe undersigned rely(ies) wholly upon the undersigned's judgment, belief and knowledge of the nature, extent, effect, and duration of said injuries and liability therefor and is made without reliance upon any statement or representation of the party or parties hereby released or their representatives or by any physician or surgeon by them employed. The undersigned further declare(s) and represent(s) that no promise, inducement or agreement not herein expressed has been made to the undersigned, and that this Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and not a mere recital. I hereby represent that at the time I sign this Release I am not hospitalized in a medical facility nor was I admitted to a medical facility within the past 15 days. THE UNDERSIGNED HAS READ THE ABOVE AND FULLY UNDERSTANDS IT TO B1EA FULL AND FINAL RELEASE OF ALL CLAIMS. Signed dell day of Witness to sign We Address of Witness Signature For your protection California law requires the following to appear on this form. Any person who knowingly presents a false or. fraudulent claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison. / ACKNOWLEDGMENT UNDER OATH State of County of _ Before me this known to me to be the individual contents and freely executed same CW File: 1919736 day of I Ss executed this release, and acknowledged that to sole consideration therein expressed. came See aftcW Uc Ooujleic ML4- fully understood its Notary Public CW072 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of 2aIl L1 c\ -p ``��JVAV ,no /� ) ` , A {� Ont3e�J�ew�her�J, oLv�i before me, l `�Q1J��A f t• C.Ax,2geSSI i�o�CLt�I P�b�1,G Date Here Insert Name and Title of the O rcerff personally appeared eZ- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(,) whose name(e) is/aFe- subscribed to the within instrument and acknowledged to me that he/she/they--executed the same in tris/her/their authorized capacity(ies), and that by hWher/their signature(s) on the instrument the person(,); or the entity upon behalf of which the person(s) acted, executed the instrument. ------------------- CHELSEA M.BURGESS Commission # 2126704 < -v Notary Public - California z Z San Luis Obispo County My Comm. E ifres Sep 14, 2019 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature IINUINI 1.1.�I/�U Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this informal fraudulent reattachment of this form to Description of Attached Do Title or Type of Docbment: Number of Pages: —� Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: can deter alteration of the document or unintended document. 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