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Home My WebLink About06014 - JAMES MARTIN SETTLEMENT AGREEMENT - _ _ �� O ` WOODRUFF, SPRADLIN&SMART P � 555 ANTON BOULEVARD, SUITE 1200 COSTA MESA, CA 92626.7670 (714)558.7000 MEMORANDUM HAND DELIVERED TO: James Thompson, City Clerk Geoffrey Kiehl, Director of Finance FROM: Douglas Holland, City Attorney DATE: August 31, 2010 RE: Martin v. Palm Springs - Settlement Agreement At the City Council's closed session on July 7, 2010, the City Council provided the City Attorney with authorization to settle the case of Martin v. Palm Springs, and negotiate for a settlement of the lawsuit consistent with certain parameters, and authorized the City Attorney or other attorneys designated by the City Attorney to execute pertinent documents on behalf of the City. I have reviewed and authorized the execution of the documents attached to this Memorandum. These documents, including the payment of $20,000 to the plaintiffs, are consistent with the direction of the City Council and the authority the City Council provided this Office. Please issue a settlement check in the amount of $20,000, made payable to James Martin, David Justin Lynch & Associates, APLC, and the Law Offices of Laura Diane Crowell & Associates. Please send the check to: Gina J. Kim Aleshire & Wynder, LLP 1515 W. 190th Street, Suite 565 Gardena, CA 90248 An original set of documents and this memorandum should be fled and retained in the Office of the City Clerk; a copy of this memorandum and the agreement should be retained in the Finance Department as evidence of the payment requirements provided in the agreement. If you have any questions, please do not hesitate to give me a call. 726586.1 CIV-110 _....._..... ,,,......................,,_...__........_.. _._........._..__�... _...�............... ._.....__..._._..._................,,.,,.m...,...�.� �.. �_.,._._.. ....,.._.,....,...,....,,...._...,,..,,,,,, � �_...__......_....... AITORM OR PARTY WITHOUT ATTORNEY(Name,Slate Bar number,and aftwsl: Laura Diane Crowell(SBN 73425) FOR COURT USE ONLY Law Offices of Laura Diane Crowell&Associates 2825 E.Tahquitz Canyon Way, Suite C Palm Springs, CA 92262 TELEPHONE NO.: (760)327.4731 FAX NO.(opnofi p:(760) 327.6591 E-MNL ADDRESS(Opfimarr. Icrowellesq@yahoo.com ATTORNEY FoR refanle)_ Plaintiff, James Martin SUPERIOR COURT OF CALIFORNIA,COUNTY OF RIVERSIDE STREETADDREss: 46-200 Oasis Street MAILING ADDRESS: CITY AND ZJP CODE Indio, CA 92201 _9RANCH NAME: Indio Court _. PLAIWTIFFlPETITIONER:Jl, -. __......... ._.......,.._ ........................._..._ _... mes Martin DEFENOAW/RESPONDENT:City of Palm Springs, at al ,...........�__._.... ...... ...................................�,. ,m, _. _ _..._. ............... REQUEST FOR DISMISSAL CASE NUMBER: ® Personal Injury,Property Damage,or Wrongful Death INCO69691 ® Motor Vehicle ❑ Other ❑ Family Law ❑ Eminent Domain ❑ Other(specWty): ...,.._,..,....,.,.............. ... ., ,..._.__,. _._.. _ ._._.._._.. ...._...__._....,._M ... ...... .........._ .__ .�....._...._......�..�....�.._..... ,,,..,_._.,,..,. , -A conformed copy will not be returned by the clerk unless a method of return is provided with the document.- _..._....... ....._ .....,...__._.._ _. ...,........_ ..._._.....___.,.,..,............._. 1.TO THE CLERK: Please dismiss this action as follows: a, (1) ® With prejudice (2) ❑ Without prejudice b. (1) ® Complaint (2) ❑ Petition (3) ❑ Cross-complaint filed by(name): on (date): (4) ❑ Cross-complaint filed by(name): on(data): (5)❑ Entire action of all parties and all causes of action (6) ❑ Other(specify):" 2, (Complete in all cases except family law cases.) ❑ Court fees and costs were waived for a party in this case. (This information may be obtained from the clerk. If this box is checked, the declaration an the back of this fan►must be completed). Date: July o79 2010 Laura D. Crowell (TYPE OR PRINT NAME OF ® ATTORNEY ❑ PARTY wrrHOuT Arrom l7 (SIGNATURE) 'If dIsmissall requested is rrf specified parties only of apeclfled causes of action Attorney or party without attorney for: only, of ac or of t of,orrcrod. s-lomplapints to be dismissed and Identify the parties, ® Plaintiff/Petitioner ❑ Defendant/Respondent ❑ Crass-�omleinant THrr CLERK: Consent to the above dismissal is hereby given." Date: __ ...._. .__ .........._,w.^_.... _...................._...............-.m................... ...........,....__._ ... � ..,.,., .............................................. .... ........W.,..... _. (TYPE OR PRINT NAME OF ❑ ATTORNEY❑ PARTY WITHOUT ATTORNEY) (SIGNATURE) If a cross-complaint—or Response(Family Law)seeking affirmative Attorney or party without attorney for: relief-Is on Ole,the attorney for cross corn Ipinani(respondent)roust ❑ Plaintiff/Petitioner ❑ Defendant/Respondent sign this consent if required by Cede of Ci I Prowdure section 681(1) or m. .._.._ ❑ Cross-Compainant _.�_.............._ ........,... _ ...._,..._....�...._........ (robe completed by clerk) 4. ❑ Dismissal entered as requested on(date): 5. ❑ Dismissal entered on (date): as to only(name): 6. ❑ Dismissal not entered as requested for the following reasons(specify): 7, a. ❑ Attorney or party without attorney notified on(date): b. ❑ Attorney or party without attorney not notified,Filing party failed to provide ❑ a copy to be conformed LJ meant;to return conformed copy Date: Clerk b _, Deputy aarq;Y�r __ _ ..,µ........................._. .__ .._... . __._. _...__.__.._._.�__ M._...........,m. ._.._ _-------.-------..----........,..,.,...,.........._...d civ_� f"�ytm ArJt>r}Aocl lnc htinndolory Uaa REQUEST FOR DISMISSAL. Coda al Civil Pracedur®,§581 at eery; Judm."i Council of Cellforrda Gov Coda,§68637(c);Cal Rule&of Cowl,rule 3 13W CIV-110(Rov.July 1,20") wwwcovdinra,ce gov u....... . ........_,._.. „ ,,,,,.....,, ,.......,,..............,,.,.......,,.,,.,,,.,..,,,..,.......,.,.,,,_..,..._ _..___......_...._.. ,..,..,....._.... ..... w........................ ,..,...,.,..,.,....,...._._... w, CN-110 PIAINTIFFI;kfi TONER: CASE NUMBER: pEFENDANT/RESPONDENT: Declaration Concerning Waived Court Fees ....................._.......................,...,...... _ ...v.......... ,.. ,..........,................. ....,.,..._. The court has a statutory Ilan for waived fees and costs on any recoveryof$10,000 or more in value by settlement,compromise,arbitration award,mediation settlement,or other recovery.The court's lien must be paid before the court will dismiss the case. 1, The court waived fees and costs in this action for(name): 2, The person In Item 1 (check one): a, ❑ is not recovering anything of value by this action, b. ❑ is recovering less than$10,000 in value by this action. c. ❑ is recovering$10,000 or more In value by this action, (if Item 2c is checked, Item 3 must be completed,) 3. ❑ All court fees and costs that were waived in this action have been paid to the court(ohd nor): ❑ s ❑ No I declare under pen Ity perjury under the laws of the State of California th b in rmation ab a ue a correct. Date: (TYPE OR PR)MT NAME OF❑ ATTORNEY❑ PARTY MAKING OFCLARATION) (�YYC$NA17JTt>p CIV-110...........m..................... ,.. ......._... ...... .. __........u................................................. ...... . .......... ........ . .. ................. (Rev-July 1,20091 REQUEST FOR DISMISSAL. Pqp 2 02 American Lega[Net,Ina. www Forma Workgow.com THE PARTIES BELOW HAVE READ THE AI3CI RE LE SE AND FULLY UNDERSTAND IT TO BE A FULL AND FINAL RR,ELEA E F AL LAIMS. i P INTIF .,y Dated: w� m._.._ Ja Martinµ„ .,,,...w..._.._ ........._......_....,_..µ,,.... m .,._._. _ ,,,,. ., _ ._....... ,, ,,__ ..,....,,.,,.,,......._.............M,....,w._. ....._......w...... __ ...... LAW OFFICES OF LAURA DUNE CROWELL &ASSOCIATES Dated: 9 Laura D. Crowell,Esq. Attorney for Plaintiff _..... _._. ........... _.._...._.... ................ ..... _ _.,.......,_....,,,, DAVID JUSTIN LYNCH...&ASSOCIATES, APLC IV Dated. Davtid.Justin Lynch,Esq. Attorney for Plaintiff APPROVED AS TO FORM ALES &WYN 0, ,LLP Dated: (j/j�/� .....,. ._.... Carl . l ue er, Esq. At mey for Defendants City of Palm Springs Signature Page of Release 01003/0120/837261 RELEASE OF ALL CLAIMS James Martin ("Plaintiff') and his heirs, executors, administrators, successors and assigns, for sole consideration of Twenty Thousand Dollars ($20,000.00) to be paid to Plaintiff, David Justin Lynch & Associates, APLC, and the Law Offices of Laura Diane Crowell & Associates, do hereby and release, acquit and forever discharge the City of Palm Springs and Police Officer Marcus S, Litch, and their agents, servants, successors, heirs, executors, administrators and all other persons, firms, corporations, associations or partnerships, of and from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever, which Plaintiff 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 bodily and personal injuries and property damage and the consequences thereof resulting or to result from the accident, casualty or event which occurred on or about June 23, 2006, on Indian Avenue in the City of Palm Springs, California. It is understood and agreed that this settlement is 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 releases deny liability therefore and intend merely to avoid litigation and buy their peace. It is further understood and agreed that all rights under Section 1542 of the Civil Code of California and any similar law of any state or territory of the United States are hereby expressly waived. Said section 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 favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Plaintiff hereby declares and represents that the injuries sustained are or may be permanent and progressive and that recovery therefrom is uncertain and indefinite and in making this Release it is understood and agreed, that Plaintiff relies wholly upon his judgment,belief and knowledge of the nature, extent, effect, and duration of said injuries and liability therefor, and is made without reliance upon any statement or representation of the party or parties hereby released or their representatives or by any physician or surgeon by them employed. Plaintiff hereby represents that at the time he signs this Release he is not hospitalized in a medical facility and has not been admitted to a medical facility within the past 15 days. Plaintiff further declares and represents that no promise, inducement or agreement not herein expressed has been made to him. This Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and not a mere recital. This Release may be signed in counterparts, which together shall constitute one agreement. The person signing on behalf of each party represents that he or she has the right and power to execute this Release. 01003/0120/83726.1 +17/15/7010 12:04 5625956294 SIGNAL ATTORNEY SM PAGE 01/01 1 ALESHM&WINDER,LLP IF O L E D GLEN E.TUCJMR,Bat No.54709 sua��r MA 2 �my' . etttiD eya,wm t Bor la.253792 JUL 15 201D 3 �aVM08-wm , v 190th St=4 suite 56, 4"''(3mka,CA 9M" Y. DWInguez Talephvnc, (310)527.6660 coo 5 Facsimile: 0)532-7395 ^y 6 AttomM for DefK4m% QW OF PALM SPRIN06 AND POLICE OFFICER 7 MARCUS S,LITCH 8 SUPERIOR COURT OF CAMFORNIA 9: COUNTY OF RIWRSW1&t E010 COURT 10 J'AWS UART1Nr CAR No, INCO69691 11 Plaiwtiff, As ignvd for All Purp4 s TOx dudgc: Randa31 Wldte 12 V. Dopt: 2H 13 MAR COP UP SAI:b7d'CIf,AND "p0L'DOES lCB OFFICER (Filing FW 13�cMP;Pet Oov'tdo Cv $ 6103 50, NOTICE OF SEMEM NT 14 Defendants. Compi&W Filed: AURM 15,2007 15 Trial Date: July 19,1010 16 17 TO PLAUqTWy AM H[S ATTORNEX OF RECORD AND TO THE AI YI 1,8: EY4'TITLED COURT: 19 PLEASE TAKE NOTICE that Jemcs Munn CTlaintiff%Dafemdant City Of Palm Spri*s 20 :-and Mar= S. Litch C`DdmdMte and With Plaintiff, collesdvely►,the "Partlw'7 have to CW am 21 agpemant for the setilemm of%e claims 14 the above imfl led action and the Px im arc Ctrat=tly 22 gnalizing the 10*uege of the settlement documents, Plaintiff Will dii%Wn flee Defmdmts in tlds 23 ,ut*W, 24 :.1 I1 25 /// 26 /1/ 27 /// 25 It/ tr . r 007/15/2010 12:01 5625956294 SIGNAL ATTORNEY SERV PACE 03/04 « A I MTfM ft poliaa mpoedWy wq *U*v pmft t p&vMW the July 19,2010 at 2 950&.m.in.Dept.01 of 6c ebov0-mfM W DOW be veadcd, 3 4 Dead: July 15,2010 A +Bt; ^: ►LLP 5 LEN L OINA I b 7 ' Bifor ' l p PALM S M US /9 lV 11 12 13 14 15 16 ! 17 18 19 20 21 22 23 24 z5 26 27 28 �2» 'NffCiCS Q 9 "�" aiao�roiaars�m.i ' SIGNAL ATTORNEY SERV PAGE W04 �7/15/2010 12:01 5625956294 1 PROOF DF YICE 2 3 1 am vrnploycsd in"Cowa y of Los AM",St"of C Dmla. I am o a r theeat 18 ald neat a � the ales moon, )dy busfams address is 1515 W, 190th �, SOW 565, 4 �iaw%, 47A8. 5 On htly 15,2010,I saved the within docu mezd(s)described ex: 6 NOTICI3 OF SAC 7 on the WWMV eel pmtiw in this action as statal below: 8 1st Mob CW"H. uo otLa=plow Cmwcli&Associates 9 WS B.T*%&x Wes,Stuce C ah Sys,CA 92 62 10 Tch (760)W-4731 &mei ; I�rawr+ll��rc.aam 12 At 6nW for Phiuiff 13 j (Sy MA jL) By talaa€og a true c of do fore Vmn c1�t(s) In A Sealed ex v�slOpt 14 nd t � abcrv+c, i copy m such amtIapc far collection and maiUq 1a11owtng M*. O ury bvsww pme iaas. 1 am rekty &WUU VA this Finn`a psedcc►fut 1S WtIWdon old . f+nr Wig. Chiddor that Vic, a*. owvwpond+r wrndd bo s"ited test Unku'd Sudo POSW Wviw em to�clay, 16 whh e � My 1�d at � Cal9lf IWN in the a mirarry Co r c a:ptt awam Murk on v codrm of�c pnzty sazvat, a�rvxao is pxes4�uvat in fek 1 17 l�asnoliet ou�or posta�a taaut ce elate is more Om cmez day afar date of de it for man in�idavit, 18 lrxmutvd cc July 15,7010,at 08001%,Uiltamie. 19 1 dt IUC undet penalty of pea wy under the laws of the State of Cali bmk that the 20 `fvtegoing is true and p mPt 21 P,Wa A.oruz 22 ("1`ytre;ar name:} 23 24 25 26 27 28 p]OGO/D17A'IA737.1