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Home My WebLink AboutSUSAN NEWMAN (Plaintiff) - RONALD LOWENBERG - IRWIN P. FEUERSTEIN - CITY OF HUNTINGTON BEACH - Settlement Agreement - CHAPTER ONE, INC - 1996 - 1996-12-17 i LAW OFFICES OF KINKLE, RODIGER AND SPRIGGS W ILLIAM B.RODIGER EMLY KORDYBAN pROFEB810NAL CORPORA710H ORANGE COUNTY OFFICE EVER ETT L.SPRIGGS JEFFREV C.MILLER 637 NORTH BOSS STREET GUILLE RMO W.SCHNAIDER JAMES A-STATHAS P.D.BOX 1558 SANTA ANA,CALIFORNIA THOMAS J.DOWLING LISAC.JACOBS A-J-PYKA ANTSiONYJ.FERREN7 E EVO SANTA ANA,CALIFORNIA 92702-1558 LOS ANGELSCOUNTY OFFICE DAVID R.LEN HAR.'YT CHAD M.SLACK 600 NORTH GRANDAVENUE JOHN V.HAGEH THOMAS P_SCHLAX TELEPHONE(714)835-9017 Lpe pNQELES-GALIFORNIA 90D12 BRUCE E.DISEN"OUSE DOMENIC PUCCIOII - TOBY J.ELDER JOY L.LIM FAX(714)667-7806 (213)829-1281 CLAUDIA L REYNOLDS JEFFERY D.LIM FAX(213)829.8302 SCOTT S.SPRIGGS MARL 5-HURD EDWIN C-MANN DONNA D QECK JOSEPH E.SULLIVAN HOWARD GROSS SAN BERNARDINO DANIE,S.ALDERMAN BURTON M-SELMAN RIVERSIDE COUNTY OFFICE JOHN M DWYER MITCHELL W.JACOBS 3322 FOURTEENTH STREET RDXANE STAFFORD MICHAEL❑-SHAFER RIVERSIDE,CALIFORNIA 92507 STEPHEN J-CHIASSON DANIEL J.ALEXANDER a (909)883-2410 L'LY AKHLAOHI FAX(B09)883-7768 SAN DIEGO COUNTY OFFICE December 27, 1996 820 FIFTH AVENUE.SUITE ODD P.O.BOX 127000 SAN DIEGO,CALIFORNIA 92112-7900 (619)233-4588 (� FAX(610)233-8554 �7 ' VENTURA L` SANTA BARBARA OFFICE SC _ 125 EAST DE LA QU ERRA STREET SANTA BARBARA,CALIFORNIA 93101-2239 3' (BO5)988-47DO FAX(805)006-4120 CJ ; x`= t of Huntington Beach �___�y NREPLY REFER TO OUR FILE 04ain Street int,11zgton Beach, CA 92648 SA 0448 Attention: Michael Uberauga City Administrator Attention: Karen S. Foster DEC (3 �: 6 Risk Manager CIT1T' Orr- HiUNTINGTON Re : Claim No. : 94-177 ARINNISTRATIVF OFFICE Claimant : Susan Newman — Date/Claim: 11/8/95 Ladies and Gentlemen: Enclosed herewith is a fully executed copy of the Compromise and Mutual Release document . We have also received a dismissal with prejudice that is being filed with the Orange County Superior Court . Upon receipt of a conformed copy of that document we will forward it to you for your files . It has indeed been a pleasure to assist the City of Huntington Beach, Detective Feuerstein and Chief Lowenberg in the defense of this litigation. We enjoyed working with your offices and with the city council . We have advised the City Attorney of this firm' s interest in continuing to offer our legal services to the City. If we can be of further assistance to you, please do not hesitate to contact the undersigned. As there is always some delay in receiving final bills from sub- providers such as court reporters, investigators, etc . , it should take us something in the order of 30 - 45 days to close our file and submit our final bill . City of Huntington Beach December 27, 1996 SA 0448 Page 2 Gods blessings to you this Christmas and best wishes for a Happy New Year. Very truly yours, KINKLE, RODIGER AND SPRIGGS Lt�4 p -,.b. David P. Lenhardt DPL/mb Enclosure (Dictated but not read) i COMPROMISE AND MUTUAL RELEASE SUSAN NEWMAN, hereinafter referred to as "Plaintiff, " RONALD LOWENBERG, IRWIN P . FEUERSTEIN, and the CITY OF HUNTINGTON BEACH, hereinafter referred to as "Defendants, " agree as follows : FOR AND IN CONSIDERATION of mutual Releases with each party to bear their own costs and attorney' s fees, Plaintiff SUSAN NEWMAN by and on behalf of herself and CHAPTER ONE, INC. , does hereby release, acquit and forever discharge defendants CITY OF HUNTINGTON BEACH, RONALD LOWENBERG and IRWIN P. FEUERSTEIN, and their officers, directors, employees, agents, city councilmen and women, from any and all actions, causes of action, claims, demands, damages, costs, loss of services, expenses and compensation, including any and all liens arising out of the subject matter of this release, whether actual or asserted, present or prospective, on account of, or in any way growing out of, any and all known and unknown damages resulting or to result from Plaintiff' s allegations of intentional and negligent infliction of emotional distress, intentional and negligent interference with existing and prospective economic advantage, and the allegation in Plaintiff' s Complaint and First and Second Amended Verified Complaints of Plaintiff, SUSAN NEWMAN, filed in Orange County Superior Court Case No . 75 87 72 from July of 1994 to the present concerning any and all interaction of Plaintiff with the defendants . Defendants, RONALD LOWENBERG, IRWIN P. FEUERSTEIN and CITY OF HUNTINGTON BEACH in exchange for Plaintiff' s Release and dismissal of the above-referenced litigation, agree to release plaintiff SUSAN NEWMAN individually and on behalf of CHAPTER ONE, INC. from any and all actions, causes of action, claims, demands, damages, costs, expenses and compensation, whether actual or asserted, present or prospective, on account of, or in any way growing out of the litigation which forms the subject matter of Plaintiff' s Orange County Superior Court Case No. 75 87 72, including the filing of that litigation against defendants and any and all damages arising therefrom, and agree to bear their own costs and attorney' s fees . The Plaintiff and Plaintiff' s attorney further agree that in consideration for defendants' mutual release that Plaintiff and her attorney will hold the defendants RONALD LOWENBERG, IRWIN P. FEUERSTEIN and CITY OF HUNTINGTON BEACH harmless from any and all claims of lien for expenses incurred for medical care and treatment and/or attorney' s fees and costs of any nature arising out of the within action and will indemnify said defendants therefrom, including all costs and attorney' s fees related to the attempt to enforce any such liens against said defendants . IT IS UNDERSTOOD and agreed that all rights under Section 1542 of the California Code of Civil Procedure which provides as follows : "'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 materially have affected his settlement with the debtor, " are hereby expressly waived by the parties . The undersigned Plaintiff does hereby declare and represent that her damages are permanent and progressive and that any recovery from her damages, whether they are injuries of a personal • • nature, or damages of a business nature are uncertain and indefinite, and in making this release and agreement, it is understood and agreed that Plaintiff relies wholly upon her own judgment , belief and knowledge of the nature, extent and duration of said injuries and damages, and that Plaintiff has not been influenced to any extent whatsoever in making this release by any representations or statements regarding said injuries or damages, or regarding any other matters, made by the persons, firms or corporations who are hereby released, or by any person or persons representing them. IT IS FURTHER understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that this mutual release entered into by the defendants is not to be construed as an admission of liability on the part of defendants RONALD LOWENBERG, IRWIN P. FEUERSTEIN, and CITY OF HUNTINGTON BEACH, by whom liability is expressly denied. Plaintiff hereby represents that at the time she signed this release, she was not hospitalized in a medical facility nor was she admitted to a medical facility within the past 15 days . Plaintiff further represents that this release is not executed under duress . This release and agreement contains the ENTIRE AGREEMENT between the parties thereto, and the terms of this release are contractual and not a mere recital . Plaintiff represents that she has carefully read the foregoing release and knows the contents thereof, and has signed the same as her own free act . r Upon execution of this release by Plaintiff, Plaintiff shall dismiss with prejudice this action against all parties described herein. WITNESS : CAUTIO ! READ BEFORE SIGNING. Name 8rVAN NEWMAN LSff ��W � /o ) Dated: D -- 2--� Street Address ft- x,- qZb Y ) Cit t ZIP Name } Street Address City, State, ZIP Dated:/Z/,F-- 26 Rit LD L E ERG Dated: ,;-/7- 96 P'e-t" +� "TRWIN P. FEUERSTEXN Dated: CITY OF HUNTINGTON BEACH By: RALPH BAUER, Mayor Approved as to form and content : Dated:_ GAIL HUTTON, City Attorney for City of H t ' ngton Beach "FOR YOUR PROTECTION, CALIFORNIA LAW REQUIRES THE FOLLOWING TO APPEAR ON THIS FORM: 'FALSE OR FRAUDULENT CLAIM; PENALTY. 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) PRESENT, OR MARE OR SUBSCRIBE ANY WRITING, WITH INTENT TO PRESENT OR USE THE SAME OR TO 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 STAVE PRISON NOT EXCEEDING THREE YEARS, OR BY FINE NOT EXCEEDING ONE THOUSAND DOLLARS, OR BY BOTH (STATS. 1935, C. 145, P. 511, Section 566) .