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DARULIS v. SKILES

United States District Court, S.D. California


October 18, 2005.

MARK DARULIS, Plaintiff
v.
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 follows:

  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.

  ORDER

  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.

20051018

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