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Home My WebLink AboutPANIAGUA - 2006-03-13 I i CITY OF HUNTINGTON BEACH Inter-Department Communication TO: JOAN FLYNN, City Clerk 1 I FROM: JENNIFER McGRATH, City Attorney I DATE: March 13, 2006 SUBJECT: Paniagua v. City of Huntington Beach Attached please find the original Release in Full of All Claims in the Paniagua case with the request that you keep the document on file in your office. I , JENNIFER WGRATH City Attorney Attachments i I (iA1 EADTANIAGUAIMemo to Clerk re Release.doc RELEASE IN FULL OF ALL CLAIMS For your protection, California law requires the following to appear on this form. It is unlawful to: A. Present or cause to be presented any false or fraudulent claim for the payment of a loss under a contract of insurance. B. Prepare, make, or subscribe any writing, with intent to present or use the same, or allow it to be presented or used in support of any such claim. Every person who violates any provision of this section is punishable by imprisonment in the state prison not exceeding three years, or by fine not exceeding$i1;000.00 or both. it KNOW ALL MEN BY THESE PRESENTS: That Adela Paniagua, as guardian ad litem for Marcelino Morales Paniagua; and Cinna Morales, as conservator for said Marcelino Morales Paniagua (hereinafter "Plaintiffs") for and in consideration of payment of the sum of twenty thousand dollars ($20,000.00) by the City of Huntington Beach, does hereby release and forever discharge and!by these presents and for i myself, my heirs, executors, adiinistrators, executors and assigns,.release and forever discharge the City of Huntington.Beach, its agents, servants, officers and attorneys and affiliates and assigns and their associates,heirs, executors and administrators and all other persons, firms or corporations, of and from any and every claim, demand, right or cause of action arising out of or i in any way connected with that certain incident, including all injuries,deaths, emotional distress ap.d rropern,.darnages, .*rhich occar ed on or about'tne,14"' day of Novernber, 1998, and by - if virtue of the complaint on file in the Superior Court of the County of Orange, State of California, Case# 809007 entitled Marcelino Morales Paniagua, i incompetent, by and through his Guardian ad Litem, Adela Paniagua v. Brandon Lee Clark , et!al. AS A FURTHER CONSIDERATION AND INDUCEMENT FOR THE COMPROMISE SETTLEMENT AND PAYMENT,'IT IS EXPRESSLY WARRANTED AND AGREED: Paniagua v.Clark,et all,Orange County Superior Court Case#809007 APR � 1 20.05 1 1. That this is a full and final release of any and all claims including allomey's fees, arising � l rt out of said incident and expressly includes,but is not limited to, all unknown and � l unanticipated injuries, deaths, emotional distress and damages resulting from said incident, casualty or event, as well as those not disclosed.) 2. That this is a compromise settlement of a doubtful and disputed claim and that the payment of the consideration for this release shall not be deemed or construed as an admission of liability on the part of any and all of the releasees herein described, but on - the contrary airy-such iiabiiity is expressly denied. 3. That in executing this release we do hereby waive all rights and benefits which we now have or in the future may have under and by virtue of the terms of Section 1542 of the Civil Code of the State of California, which section reads as follows: 14 "A general release does not extend to the 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." 4. The undersigned acknowledge responsibility for payment'of any liens relating to health l care services rendered to Marcelino Morales Paniagua and agree to defend, indemnify and i { save harmless the party or parties released hereby, and their attorneys, from any grid every ai' -- j' " Zi' u� c:33F3i led"'G) rCaSGn`Gi Sd liens or any claim relating to disregard of such lien rights. {{� i THE UNDERSIGNED HAS READ AND UNDERSTANDS THE TERMS AND NATURE J OF THE FOREGOING RELEASE AND WARRANTS THAT,THE RELEASE I CONTAINS THE "ENTIRE AGREEMENT" BETWEEN THE PARTIES HERETO AND i 1 NO PROMISE, INDUCEMENT OR AGREEMENT NOT EXPRESSLY CONTAINED Pania ua v.Clark et all,Orange County Superior Court Case$N09007 I k 1 � HEREIN HAS BEEN MADE. Dated: `-/G� , 2005 ! ADELA PANIAGUA, Gu :dian ad Litemiof Marcelino Morales Paniagua Ir Dated: S` 2005 CIRINA MORALES, Conservator for Marcelino Morales Paniagua' I hereby represent and declare that I have fully explained the foregoing Release to the above signed and they have acknowledged to me that they understand said Release and th'e legal effect thereof, and I have advised them to sign it. f I acknowledge my responsibility to satisfy any lien claims and bills arising from or connected to the provision of health care services to Marcelino Morales Paniagua from the � r proceeds of the consideration for this release. I further agree to defend, indemnify and hold harmless the parties released by this agreement; and their attorneys, from any claim which may be asserted by reason of any claim, by lien.or otherwise, arising from or connected to the provision of health care services to Marcelino . r Morales Paniagua. `. DATED:/'�; 4_{ _ SLr4GLETON &'ASc IATFS_ BY: r Paniagua v.Clark,et at ,Orange County Superior Court Case 409007 { (2) February 22, 2005 - Council/Agency Agenda - Page 2 (City Council/Redevelopment Agency) Joint Study Session Between City,Council and' Finance Board - Submitting the 2004 Finance Board Annual Report and Calendar for 2004 (110.10) Roll Call — Finance Board — Falzon, Geddes, Bussiere, Domingo, Lograsso, Chapman Present (Geddes and Domingo absent) I A presentation will be given regarding the City of Huntington Beach Finance Board Annual Report— 2004 which is included in the agenda packet. PowerPoint presentation titled HB City Council/Finance Board Study Session is included in agenda packet. ` • PowerPoint report was given by Chair Falzon. He spoke regarding the Board's prior year activities including the formation of three subcommittees. He stated that the Finance Board has three new members, and the purpose of this meeting is to review the 2004 Report and set goals for 2005. Council discussion ensued •relative to Board appointments, disclosure forms, implementation of Board recommendations, projection of revenue streams, and the communication path with the Treasurer's office and the Finance Department. Further discussion followed relative to Board goals for 2005 including involvement with the cost allocation & fee study, study of unfunded liabilities, future roles of the Board and a long term fiscal plan. The Mayor and Councilmembers thanked the Board for their work. ' The City Administrator recognized the Board's efforts with the Neighborhood Improvement Program and the proposed grants locator service, a Consent Calendar item on the agenda for later in the meeting. Call Closed Session of City Council/Redevelopment Agency Recommended Action: Motion to recess to Closed Session on the following items.- Motion to recess approved by unanimous consent. City Council) Closed Session— Pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is Marcelino Morales Paniagua, an incompetent, by and through his Guardian ad Litem, Adela Paniagua v. Branaon Lee Clark; City of Huntington Beach, The Orange County Fire Authority; and The City of Westminster, et al.; Orange County Superior Court Case No. 809007. Subject: Paniagua v. City of Huntington Beach, et al. (120.80) I he CIty;Co4unc�a'nd,the Redbvbl6oment-Agency of the City of Huntington Beach will regularly;gonvene in pose;of cons,denng the following City,CouneilfR develapment'Agency Agenda�ltems The Huntington Beach ivia �mpro�eFmSentCorparatian, a.nd theHunfingtonBeach Public^FinancingyAuthorityare alsoagenaes on iivhich Council serves as'members On eact`Agenda these Agencies may have items ,k£ ; . scheduled WhenMan/Agenda Item requires action byany of these'-Agencies if:willahow,En r arenth'esis r"ecedm "the-,item, for;:exam ie Cit Council-RedeveI me p p 9` p ( Y p nt Ad'ency)) 6:00 P.M. - Council Chambers i {