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Home My WebLink About20170713_Brush ReleasefiIELEISIr Cir-' ,.�.. C!_:1 S ,i�.i�+rr` S' -i Lll=r3EN�- RGREEitltEi+!'i This Release of All Claims and Settlement Agreement (hereinafter also referred to as "Release" or "Release of All Claims") is made by Brenda Starr Brush, an individual (hereinafter referred to as "Plaintiff"), and the City of San Luis Obispo and Sub Corp., Ltd., dba The Sub, (hereinafter collectively referred to as "Defendants") and relates to that incident which occurred on January 16, 2014 in San Luis Obispo County, California. RECITALS WHEREAS, Plaintiff has piled a civil lawsuit in the San Luis Obispo County Superior Court entitled Brush v City of San Luis Obispo, et al Case No. 16CV-0018 (the "Action"); WHEREAS, Plaintiff now desires to resolve all claims arising out of and relating to the Action, and Defendants agree to resolve their cross-claims against each other in the Action, NOW, THEREFORE, in consideration of the above premises and the following covenants, it is agreed as follows: 1. Plaintiff agrees to accept as full and complete settlement of the Action and the Defendants agree to pay to Plaintiff and her counsel the total sum of $150,004.00. The City of San Luis Obispo shall pay one-half of that amount, and the Sub Corp., Ltd., dba The Sub, through its insurer, shall pay the other one-half, subject to the provisions in the following paragraph. 2. Plaintiff represents that she has not requested, applied or received any payments for any medical expenses incurred from Medicare. However, Plaintiff represents that conditional payment information (any benefits paid by Medi -Cal for this accident up to the date of settlement) has been or will be requested and that such conditional payments, if any, are the responsibility of Plaintiff and must be satisfied out of these settlement proceeds. As such, Plaintiff's counsel shall supply to Defendant's' counsel, in writing, a statement, letter or other written verification of the amount of medical expenses paid on behalf of Plaintiff by Medi -Cal and the amount that Medi -Cal will compromise such potential lien. As an accommodation, the Defendant City of San Luis Obispo shall pay that amount (as part of its total settlement contribution) in the form of a check jointly payable to Plaintiff, his counsel and Medi -Cal, or payable as directed by Plaintiff's counsel with the agreement of Defendant's counsel. The balance of the settlement shall be paid by the Defendants Ly cI tx* pt.,y9ble to ['miff►tiif -und ht -r 'autt 1. -1- 3. The Defendants, between them, agree to dismiss their respective cross-complaints with a full waiver of all fees and costs in order to accomplish this settlement of the entire Action. 4. A Request for Dismissal With Prejudice of the entire Action, including the cross-complaints, shall be filed in the beforementioned court at the time the settlement funds are tendered. 5. in addition to the above, Plaintiff Is responsible for all liens or other expenses incurred by her as a result of this incident and shall hold harmless, defend and indemnify the settling parties and their insurer of and from any such lien claims. 61 The parties shall each bear their own costs, expenses and legal fees. 7. Upon the occurrence of events and conditions set forth above, Plaintiff fully releases and discharges Defendants, their insurers, agents, employees, representatives, attorneys, affiliates and all persons acting by or through or under or in concert with them, from and against any and all claims, causes of action, demands or charges of whatever nature which Plaintiff may have and which, prior to the date hereof or at any time in the future, might arise out of or be related to the claims stated in the Action. B. Plaintiff is fully apprised of the provisions of California law relating to releases and, in purcicular, §1542 of the California Civil Code which states: A general release does not extend to 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. Notwithstanding this statutory provision, and to implement a full and complete release, Plaintiff acknowledges that this Release of All Claims is intended to include in effect, without limitation, all claims which she does not presently know of or suspect to exist against the others arising out of or related to the Action. 9. This is a Release of All Claims and as such shall never be treated as an admission of liability by any party for any purpose. 10. Plaintiff wai,rants that no assignment of any claim, cause of action, demand or charge against the others, arising out of or relating to the beforementioned claims, or any other right or claim now existing has been or will be made, and she further agrees to indemnify, to defend and hold the others harmless -- Gm-aR"gaim;i h, -.y 04 o�;ii 3n -,4e# a-nd of `--atgc- -2- released hereunder. 11. The parties reserve to themselves the right to initiate and to pursue any legal action necessary to enforce the terms of this Release of All Claims. In the event of legal action, the prevailing party shall be entitled to recover from the non - prevailing party, their reasonable attorneys' fees and costs actually incurred. The legal action need not result in judgment by a court of law before the provisions of this paragraph shall come into effect. 12. The parties agree that this Release of All Claims is enforceable pursuant to California Code of Civil Procedure §664.6 and specifically request that this court retain jurisdiction over the complaint, this Release of All Claims, and the parties for that purpose. The parties agree and stipulate that pursuant to any and all applicable laws, including but not limited to California Rule of Court 3.854, the confidentiality of mediation and of this Release are waived for purposes of enforcement. 13. This Release of All Claims contains the entire understanding of the parties with respect to the subject matter hereof, and no modification or waiver of any of the provisions hereof shall be valid unless it is put into writing and executed by all parties hereto. 14. This Release of All Claims shall be governed and construed in accordance with the laws of the state of California. Venue for any action commenced regarding its terms or interpretation shall be in the Superior Court of the County of San Luis Obispo, California. 15. Should any provision of this Release of All Claims be declared or determined by any court to be illegal or invalid, the validity of the remaining parts, terms and provisions shall not be affected thereby and said illegal or invalid part, term or provision shall not be deemed to be part of this Release of All Claims. This Release of All Claims shall be interpreted according to its plain meaning and not for or against either party as a result of the presumption under Civil Code §1654. 16. This Release of All Claims shall be binding on the parties, their heirs, successors, and assigns. 111 111 111 -3- 17. Plaintiff represents and warrants that in executing this Release of All Claims, she has relied on the legal advice of her attorney of choice and the terms of this Release of All Claims and its consequences have been completely read and explained to her by that attorney, and she fully understands the terms of this Release. Dated: July 13, 2017 _ ..' BIR -1\1 STARf� BRUSH APPROVED AS ;'4 FCR t: ROK --'ATS ' CQN'!L:L.. 1 L1 BY: Steven P. Allcej-icp for Plaintiff ADAMSKI MOROSKI MADDEN CUMBERLAND & GREtJ 1 `-F' BY. — 'krr';tj 0= -:urge, Attorney^ i;y Coity of San I_t�i ! jj=Fispo BRADLEY & GMELICH ' BY: Shirley Sullinger, Attorneys for Sub Corp., LTD, dba The Sub -4-