HomeMy WebLinkAbout20171127 Mitchell Release - fully executed 11-22-171860325RELEASE IN FULL OF ALL CLAIMS
FOR AND IN CONSIDERATION OF THE SUM OF $325,000.00 (Three
Hundred and Twenty-five Thousand Dollars and no cents) JEFFREY MITCHELL
("RELEASOR"), RELEASOR does hereby release, acquit and forever discharge the
CITY OF SAN LUIS OBISPO ("RELEASEE"), its attorneys, successors, affiliates and
assigns and/or its associates, executors and administrators and all other persons, firms or
corporations from every claim, lien, demand, right or cause of action, whether known or
unknown arising out of, or in any way connected with, the accident which occurred on or
about January 24, 2013, at or near the T -intersection of Brookpine and Tank Farm Road
in the city of San Luis Obispo, State of California, and as further set forth in San Luis
Obispo County Superior Court Case No. 14CV-0187.
RELEASOR and his counsel are in the process of finalizing the amount of Medi -
Cal Liens on RELEASOR's recovery and will notify RELEASEE of the final amount of
same. After receiving notification in writing of the amount RELEASEE will issue one
check payable to Medi -Cal in the amount of the lien and another check payable to THE
ERNST LAW GROUP TRUST ACCOUNT for the remainder of the above amount.
AS A FURTHER CONSIDERATION AND INDUCEMENT FOR THIS
COMPROMISE SETTLEMENT AND PAYMENT, IT IS EXPRESSLY WARRANTED
AND AGREED:
(1) That this is a full and final release of 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 party hereto agrees to
assume their own fees and costs incurred in this litigation and waives any and all
contractual and/or statutory rights to collect same. Further, RELEASOR agrees to fully
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 Medi -Cal liens.
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(2) That this is a compromise settlement of a doubtful and disputed claim, 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 RELEASEE.
(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 1542 of the Civil Code of the State of California, which section reads as
follows:
"A general release does not extend to the 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."
(4) In the event legal action is brought to 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
full force and effect to the basic terms 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 writing duly
executed by an authorized representative of each party.
(7) This RELEASE IN FULL OF ALL CLAIMS is entered into in the State of
California and shall be construed and interpreted in accordance with the laws of such
state.
(8) THIS RELEASE IN FULL OF ALL CLAIMS MAY BE EXECUTED IN
COUNTERPART.
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FURTHER, RELEASOR(S) agree to reimburse and indemnify all released parties
for any amounts which any insurance carriers, govermnent 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,
indemnity, or otherwise.
THE RELEASOR HAS READ AND UNDERSTANDS THE TERMS AND
NATURE OF THE FOREGOING RELEASE AND WARRANTS THAT THE
RELEASE CONTAINS THE "ENTIRE AGREEMENT' BETWEEN THE PARTIES
HERETO, AND NO PROMISE, INDUCEMENT OR AGREEMENT NOT
EXPRESSLY CONTAINED HEREIN HAS BEEN MADE.
The RELEASOR has had the opportunity to review this RELEASE IN FULL OF
ALL CLAIMS with his attorney(s) and freely and voluntarily executes the same.
Dated: a� m�'�` , 2017 RELEASOR
J, i�c"Mitchell, Plaintiff
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.
Dated: , 2017 ERNST LAW GROUP
Y9
Taylor E "st, Esq.
Attorrefor Plaintiff Jeffrey Mitchell
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