HomeMy WebLinkAboutContracts & Agreements_42-2000_CCv0001.pdf FULL AND FINAL RELEASE OF ALL CLAIMS
ARRON VAN MILL, herein referred to as "RELEASOR" and REDLANDS
UNIFIED SCHOOL DISTRICT and THE CITY OF REDLANDS, herein referred to as
"RELEASEES" , in consideration of the promises made herein, agree as
follows :
1 . RELEASOR has sustained injuries arising out of an incident which
occurred on October 29, 1997 .
2 . On September 4 , 1998 , RELEASOR filed an action in the San
Bernardino County Superior Court, Case Number SCV 51090, entitled ARRON
VAN MILL vs. REDLANDS UNIFIED SCHOOL DISTRICT AND DOES 1 to 10,
Inclusive. This action arose out of the incident described in paragraph
1 .
3 . RELEASOR, on behalf of himself, his heirs, executors,
administrators, and assigns, and in consideration of one Thousand Dollars
($1 , 000 . 00) paid to RELEASOR by RELEASEES, hereby fully releases
RELEASEES, REDLANDS UNIFIED SCHOOL DISTRICT and THE CITY OF REDLANDS, and
their employees, agents, personal representatives and successors or
predecessors in interest , from all claims and causes of action by reason
of any injury or damage which RELEASOR has sustained or may sustain as a
result of the above-described incident .
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4 . RELEASOR acknowledges and agrees that this release applies to
all claims that RELEASOR may have against RELEASEES arising out of the
above-described incident for injuries, damages, or losses to RELEASOR'S
person and property, real or personal, whether those injuries, damages,
or losses are known or unknown, foreseen or unforeseen, patent or latent .
5 . RELEASOR certifies that he has read Section 1542 of the Civil
Code, set out below, and indicates that fact by signing his name to this
release .
"A General Release does not extend to
claims which the creditor does not know
or suspect to exist in his favor at the
time of executing the release, which if
known to him must have materially affected
his settlement with the debtor. "
6 . RELEASOR hereby waives application of Section 1542 of the Civil
Code and any other similar provisions in any other Jurisdiction.
7 . RELEASOR, understands and acknowledges that the significance and
consequence of this waiver of Section 1542 of the Civil Code is that even
if RELEASOR should eventually suffer additional damages arising out of
the above-described incident, he will not be permitted to make any claim
against RELEASEES for those damages . Furthermore, RELEASOR acknowledges
that he intends these consequences even as to claims for damages that may
exist as of the date of this release but which RELEASOR does not know
exist, and which, if known, would materially effect RELEASORIS decision
to execute this release, regardless of whether RELEASORIS lack of
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knowledge is the result of ignorance, oversight , error, negligence, or
any other cause.
8 . RELEASOR acknowledges and agrees that he will satisfy all liens
and claims that any person, attorney, governmental entity, health care
provider, Medi-Cal and/or Medi-Care may have against RELEASEES arising
out of the above-described occurrence for any services provided to or
payments made on RELEASORIS behalf .
9 . RELEASOR warrants and represents that in executing this release,
he has relied on legal advice from the attorney of his choice, that the
terms of this release and its consequences have been completely read and
explained to RELEASOR by that attorney, and that RELEASOR fully
understands the terms of this release .
10 . RELEASOR acknowledges and warrants that his execution of this
release is free and voluntary.
11 . This release pertains to a disputed claim and does not
constitute an admission of liability by RELEASEES for the above-described
occurrence_
12 . RELEASOR further agrees to defend, indemnify and save harmless
all released parties for any amounts which any insurance carrier,
governmental entity, hospitals or other persons or organizations may
claim in reimbursement for an amount paid to RELEASOR or on their behalf
as a result of the above described incident by way of contribution,
subrogation, indemnity or otherwise .
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13 . RELEASOR shall direct his attorney to execute a Request for
Dismissal with Prejudice of the action described in Paragraph 2 as to
RELEASEES .
Signed this
day of C t at
California .
WIT S ARRON VAN MILL
I , JEFFREY A. DAINS, a member of the State Bar of California and
attorney for the RELEASOR. I have fully discussed this release with the
RELEASOR, and certify that I am satisfied that the RELEASOR fully
understands the effect, significance, and consequence of the release set
forth above.
Executed this
I - day of at
California .
(
C� NS, .
JEF Y I: Esq.
Attorney for RELEASOR
CITY OF REDLANDS ATTEST:
Pat �Gilbreath, Ma or 10 Pe �Poy
City Clerk
DATE: May 2, 2000
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