HomeMy WebLinkAboutContracts & Agreements_19-2010_CCv0001.pdf RELEASE OF ALL CLAIMS
The undersigned, being of lawful age, for consideration in the amount of Twenty Thousand Dollars and no cents
($20,000.00), receipt of which is hereby acknowledged, does hereby, and for her respective heirs, executors,
administrators, successors and assigns, releases, acquits and forever discharges the City of Redlands, and the
City of Redlands' elected officials, officers, employees and successors ("Releasees"), from any and all claims,
demands, rights, damages, costs, loss of service, expenses and compensation whatsoever, including but not
limited to attorneys' fees and court costs, which the undersigned now has or which may hereafter accrue on
account of or in any way growing out of any and all known and unknown, foreseen and unforeseen damage and
the consequences thereof resulting from the incident, casualty or event which occurred on or about September
13, 2007, involving Ashley Renee Cowen AKA Ashley Cowen and Ashley Jones at the intersection of Brockton
Avenue and University Street, in the City of Redlands, County of San Bernardino, State of California and the
ensuing action filed by the undersigned in San Bernardino Superior Court, entitled Cowan v. University of
Redlands, et al., Case No. CIVSS 808948 (the"Action").
It is understood and agreed that this Release constitutes 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 Releasees deny liability therefore and intend merely to avoid litigation.
It is further understood and agreed that all rights under Section 1542 of the California Civil Code and any
similar law of any state or territory of the United States are hereby expressly waived by the undersigned.
Section 1542 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 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."
The undersigned further declares and represents 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
with respect to the subject matter of this Release, and that the terms of this Release are contractual and not a
mere recital. Any prior oral or written agreements relating to settlement of the Action are superseded by this
Release and incorporated herein. This Release may not be modified except by a written document signed by the
undersigned and Releasees.
This Release is governed by and construed in accordance with the laws of the State of California.
In the event any action is commenced to enforce or interpret the terms or conditions of this Release. the
prevailing party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable
attorneys' fees, including fees for use of in-house counsel by a party.
The undersigned represents and warrants that there has been no assignment or other transfer of any interest in
any claim which she may have against the Releasees and the undersigned shall defend, indemnify and hold the
Releasees harmless from any liability, demands, claims, damages, costs, expenses and attorneys' fees incurred
by the Releasees as a result of any person asserting such assignment or transfer.
THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT.
0"
Signed this day of 2009.
ASH EY C 4EA ASHLEY JONES
SEC PION 548,OR OF SECTION 1871.4 OF THE INS(JRAN �JCODE.OR FORMER SECTION 55601,'THE INStiRANCI- CODE„OR
F 0 R NUER SECTION 187 1.1 OF THF E INSURANCE'RANCE CODE AS AN ADULT UNDER CHARGES SEPARATELY BROUGHT
TWO OR MORE TIMI S. EXISTENCE OF ANY FACT WATCH I WOULD MAKE A PERSON INELIGIBLE FOR PRORATION UNDER
THIS SUBDIVISION SHALT,BE'ALLEGED IN THE INFORMATION OR INDICTMENT,AND EITLIF'R ADMITTED BY THE
DEFENDANTIN OPEN COURT,OR FOUND TO BE TRUE BY THE JURY TRYING THE ISSUE OFGUILT OR BY THE COURTWHEREGUILTIS ESTABLISHED BY PLEA OF GUILTY OR NOLO CONTENDERE OR BY TRIAL BY THE COURT SITTING WITHOUT
JURY,EXCEPT WHERETHE EXISTENCE OF SUCH FACT WAS NOTADMITTEDOR FOUND TO BE TRUE OR THE COURT FINDS
Tf IA FA PRIOR CONVICTION WAS INVALID.TIJE COURT SHALL NOT STRIKE OR DISMISS ANY PRIOR CONVICTIONS ALLEGED
INTf IE INFORMATION OR INDICTIMENT.THIS SUBDIVISION DOES NOT PROHIBIT THE ADJOURNMENTOFCRIMINAL
PROCEEDINGS PURSUANT
1ANT TO DIVISION 3(COMMENCING WITH SECTION 3000)OR DIVISION 6(COMMENCING WITH SECTIONL 6000)OF THE WELFARE AND INSTITUTIONS CODE.
LAW OFFICES OF JOHN RAPILLO
PERSONAL INJURY LAW . SINGE 1 4 7 8
2700 NEWPORT BOULEVARD, SUITE 172
NEWPORT BEACH,CALIFORNIA 92653
TELEPHONE (949) 675.5060 www.rapillolaw.com
FAX (449) 673-6253 E-MAIL john@tapillolaw.com
February 2, 2010
r FEB 2010
WED
Michael Reiter, Esq. ' Wyss
OFFICE OF THE CITY ATTORNEY
CITY OF REDL.ANDS
P.O. Box 3005
Redlands, CA 92372
Re: Ashley Cowen v. University of Redlands
Dear Mr. Reiter,
Please be advised the Ms. Cowen in fact signed the release in January, 2010.
Apparently, she inadvertently failed to change the date on the pre-printed release when
she signed the document. I hope this sufficiently clears up any logistical matters in
processing the settlement.
S.n , r
J PILLO
JR 'c