United States District Court, S.D. California
October 18, 2005.
MARK DARULIS, Plaintiff
SEAN SKILES, NINNESS, SAN DIEGO CITY OF, SAN DIEGO COUNTY Defendant.
The opinion of the court was delivered by: THOMAS WHELAN, District Judge
STIPULATION FOR DISMISSAL AND ORDER THEREON
IT IS HEREBY STIPULATED by and between the plaintiff MARK
DARULIS, and defendants CITY OF SAN DIEGO and GILBERT NINNESS
(hereinafter "CITY DEFENDANTS") that this action, brought
pursuant to the 28 U.S.C. 1983, inter alia, is settled in
accordance with the following terms:
1. Defendant CITY OF SAN DIEGO agrees to pay the sum of
$2,000.00 in full settlement and satisfaction of any and all
claims which plaintiff MARK DARULIS may have or may hereafter
acquire against CITY DEFENDANTS arising out of the circumstances
alleged in Plaintiffs' First Amended Complaint, an incident
occurring on or about December 21, 2003, as more fully set forth
in Plaintiff's First Amended Complaint filed July 1, 2005.
2. Plaintiff's First Amended Complaint shall be dismissed in
its entirety as to all of the CITY DEFENDANTS. Plaintiff shall
bear his own costs of suit, including attorney's fees, which he
may have incurred in the prosecution of this action. 3. This instrument constitutes a settlement of a disputed claim
and does not constitute an admission of liability or fault on the
part of the City of San Diego or its agents or employees in
reference to the events alleged in the complaint or otherwise.
Neither does this instrument, nor the settlement amount, bear
evidence that this action lacks merit.
4. The monetary consideration in settlement shall constitute a
complete release from and bar to any and all causes of action,
claims, rights, liens or subrogated interests, known or unknown
to the plaintiffs and in whosoever vested, by reason of or
arising from any circumstances relating to Plaintiff's First
Amended Complaint, and the Plaintiff agrees to indemnify, defend
and save harmless the City of San Diego, and any employee or
agent of the City of San Diego, if the terms of this stipulation
or claims identified in Plaintiff's First Amended Complaint and
herein, are litigated in the future.
5. As to the claims, demands, causes of action and liabilities
released herein, Plaintiff expressly waives to the fullest extent
permissible under law, any and all rights under section 1542 of
the Civil Code of the State of California, which provides as
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.
The provisions of all comparable, equivalent, or similar
statutes and principles of common law of California, of the other
states of the United States, and of the United States are also
hereby expressly waived to the same extent by Plaintiff.
6. It is the intention of the Plaintiff through this release
and dismissal instrument to fully, finally and forever settle and
release all such matters and all related claims, which have
existed, now exist, or may exist between Plaintiff MARK DARULIS
and the CITY DEFENDANTS. This release shall be and remain in effect as a full and
complete release of all such matters, even if different facts or
claims may be discovered in the future.
IT IS SO STIPULATED.
This Court, having reviewed the matter as stated above and
finding good cause therefor, orders this matter dismissed in its
entirety, with prejudice, in accordance with the terms set forth,
and the Clerk of the Court is requested to enter this dismissal
in the official docket.
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