HomeMy WebLinkAbout20160106_ Daly ReleaseRELEASE OF ALL CLAIMS AND SE TTLL NIEA i AC;cNEk:.MEN'r
This Reiease of All Claims and Settlement Agreement (hereinafter also
referred to as "Release" or "Release of All Claims") is made by Joseph Daly, an
individual (hereinafter referred to as "Plaintiff"), and the City of San Luis Obispo
(hereinafter referred to as "Defendant ") and relates to that incident which occurred
on June 12, 2013, in San Luis Obispo County, California.
RECITALS
WHEREAS, Plaintiff has filed a civil lawsuit in the San Luis Obispo County
Superior Court entitled Daly v City of San Luis Obispo Case No.14CV-0461 (the
"Action");
WHEREAS, Plaintiff now desires to rosolve all claims arising out of and
relating to the Action,
NOW, THEREFORE, in consideration of the above premises and the following
covenants, it is agreed as follows:
1. Plaintiftr agrees to accept as full and complete settlement of the Action
and the Defendant agrees to pay to Plaintiff the total sum of $10,000.00.
2. A Request for Dismissal With Prejudice shall be submitted by counsel
for Defendant to counsel for Plaintiff and shall be filed in the beforementioned court
after the setflement funds are tendered.
3. Plaintiff Is responsible for all liens or other expenses incurred by him
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.
4. The Defandant shall pay the full cost of today's mediation. Other than
as stated herein, the parties shall each bear their own costs, a;.penses and legal
fees.
5. Upon the occurrence of events and conditions set forth above, Plaintiff
fully releases and discharges Defendant, its 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 he 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.
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6. Plaintiff is ful;y apprised of the provisions of California law relating to
releases and, in particular, §1042 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 :hat this Release of All Claims is intended to include
in effect, without limitation, all claims which he does not presently know of or suspect
to exist against the others arising out o� or related to the Action.
7. This is a Release of All Claims and as such shall never be treated as
an admission of liability by any parry for any purpose.
8. Plaintiff warrants 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 he further agrees to indemnify, to defend and hold the others harmless
from and against any assignment of claim, cause of action, demand or charge
released hereunder.
9. 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.
10. 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.
11. -(his 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.
12. 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 Stade court of proper jurisdiction
for the County of San Luis Obispo, California.
13. S;iould 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 shell not be doemed to be part of this Releaso of P -,II Claims. This
Release of All Claims shall be interpreted according to its plain meaning and not for
or against either aa6y as a result of the presumption undar Civil Code §1654.
14. This Release of All Claims shall be binding on the parties, their heirs,
successors, and assigns.
15. Plainil f represents and warrants that iit er_ocuzing- this Release of All
Claims, he has relied on the legal advice of his attorney of choice and the toms of
this Release of i ll Claims and its co.1sequences have been completely read and
explained to him by that attamay, and ha tally understands lite terms of this Release.
Dated: January 6, 2015 -'
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,jYSEPFi DALY
JI`MEFt+ MERNAN LAWYERS
;f+:+-•,_:. f Attotttt.'ys for Pinintiff,
AD04SK1 NMOR{ SKI MADDEN
.'C'JMBERL4Nl-Y 4 GR+ -EN
Sv, Justiva M. i::oorrj6. A,ttol i ys for
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