Other Sections
One (8/22/89 thru 4/19/94) -
Two (6/10/96 only) -
Three (thru 9/19/96)
Four (thru 9/18/97) -
Five (thru 8/10/98) -
Six (thru 10/26/98)
Seven (thru 4/14/99) -
Eight (thru 6/24/99) -
Nine (thru 9/8/99)
Ten (second complaint) -
Eleven (thru 12/27/99) -
Twelve (thru 7/25/00)
Thirteen (thru 10/9/00) -
Fourteen (thru 9/11/01) -
Fifteen (thru 10/1/02)
Sixteen (thru 1/19/03) -
Seventeen (to present)
This document may be found in the court records by reference number 1130000377, and is called STIPULATION FOR SETTLEMENT. It is a "global" settlement, for three cases in one: the personal injury case against the County, the conspiracy case against the County, and a related case against Farmer's Insurance. The exact words in it follow. Part of it has been blocked out with black ink.
This case having come before James S. Crawford Esq. for mediation at the offices of J.A.M.S./ENDISPUTE, and the parties having conferred, it is hereby stipulated that this matter is deemed settlement pursuant to the following terms and conditions:
1. COUNTY OF EL DORADO & FARMERS shall pay to plaintiff(s) STEPHEN CIMMARUSTI the total sum of [not shown] in full settlement and compromise of this action, and in release and discharge of any and all claims and causes of action made in this action, and it release and discharge of any and all claims and causes of action arising out of the events or incidents referred to in the pleadings in this action, as well as in PVM004261 & PV002178.
2. Plaintiff(s) agree to accept said sum in full settlement and compromise of the action and agree that such payment shall fully and forever discharge and release all claims and causes of action, whether now known or now unknown, which plaintiff(s) has against any and all of the defendants in that action arising out of the incident.
"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."
3. Plaintiff(s) further agree to sign, acknowledge and deliver to defendants a standard form of a Release of all such claims and causes of action and to sign and deliver to defendants a standard form of Dismissal with Prejudice of the action.
4. Plaintiff(s) shall protect and indemnify the defendants in said action, and his/her/their liability insurance carrier(s), against any and all liens, subrogation claims and other rights that may be asserted by any person against this amount paid in settlement of the action or against any recovery by plaintiff(s) in the action.
5. Counsel for each of the parties to this agreement represents that he/she has fully explained to his/her client(s) the legal effect of this agreement and of the Release and Dismissal with Prejudice provided for herein and that the settlement and compromise stated herein is final and conclusive forthwith, and each attorney represents that his/her client(s) has freely consented to and authorized this agreement.
6. Payment of stated settlement amount shall be made by as soon as reasonably possible.
7. Unless otherwise stated herein, each party will bear its own attorneys' fees and court cost.
8. Other items and conditions: [blacked out]
9. Any provisions of Evidence Code paragraphs 1116-1128 not withstanding, this agreement may be enforced by any party hereto by a motion under Code of Civil Procedure paragraph 664.6 or by any other procedure permitted by law in the Superior Court of El Dorado County.
10. The provisions of the confidentiality agreement signed by the parties relative to this mediation are waived for purposes of enforcing this agreement pursuant to CCP paragraph 664.6.
Date: 4-25-00