HomeMy WebLinkAboutContracts & Agreements_110-2018RELEASE OF ALL CLAIMS FOR
WRONGFUL DEATH AND INDEMNITY AGREEMENT
WHEREAS, the Decedent, Michael School Warren, sustained injuries on or about
September 28, 2015 (the "incident") which the Plaintiffs claim resulted in his death, and
for which mjuries and death the Plaintiff's claim resulted from the unlawful, wrongful., or
negligent acts or omissions of TBBODORE K LIN in the operation, use or ownership of
an automobile,
WHEREAS, the Defendant and Cross -Complainant, Theordore K. Lin, the
undersigned, desire to compromise and settle each and every claire and cause of action he
may have against the City of Redlands, (heremafler called the "Releasee") related to the
incident
_ NOW, THEREFORE, in consideration of a waiver of costs, the undersigned
hereby release and forever discharge Releasee, by and through his insurance carrier, the
Tnterinsurance Exchange of the Automobile Club, (Claim #0120572431 Policy No CAA
071426208 as well as Policy No CAU021680955) and his legal representatives or
successors, from any and all claims or causes of action which he may have, or claim to
have against the Releasee anstng out of the death of the Decedent
The undersigned acknowledge and understand that this is a final settlement of a
disputed claim as to Releasee and that the waiver of costs hereunder is not to be
construed as an admission of liability on the part of any of the settling parties.
The undersigned understand that this Release contains the entire agreement of
settlement and acknowledge that no promises have been made to them or their attorneys
which are not contained herein
The undersigned have discussed this matter in fill with their attorney(s) and
understand that the laves of the State of California (Civil Code § 1542) are that a general
release does not extend to claEms which the un ersiped, &P creditor, do not know ar
suspect to exist in their favor at the time of signing this release, and which, if known to
thern, might affect the settlement, that the undersigned are signing a specific, as
distinguished from a general release, and the undersigned hereby specifically waive any and
all rights hereafter to claim for unknown injuries or damages under State of California Civil
Code §1542.
The undersigned expressly agree to bear their own costs and attorney fees and to
waive recovery of costs pursuant to C C P §1032 at seq
The parties agree that the Release can be executed in counterparts with each
plaintiff together with her or his respective counsel on a separate signature page
The undersigned further state that they are all over twenty-one years of age, that they
have carefully read the foregoing release, know the content thereof and agree to its
provisions and that they sign it as their own free act
Dated G /22
/18 -
Dated
Dated -
Approved as to Form and Content
Dated 4/
Dated
1 !`
Paul Foster^^
on behalf of the City of Redlands, Cross
Defendant
ATTEST
S204� -
3 Donaldson, Redlands City Clerk
The�e K Lin
Defendant and Cross -Complainant
John aulson, Esq
FolU, Walker, Haggerty & Behar
Attorney=s for Defendant and Cross-
Coznpl pant, T eordore K Lm
i
Bruce Disenhouse, Esq
DISEINTHOUSE LAW APC
,Attorneys for Crass -Defendant, City of
Redlands
2