Litigation Forms Form-Full And Final Release

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WELFARE AND INSTITUTIONS CODE § 15657-15657.3

Chapter Pretrial-Settlement-Form - Full And Final Release of All Claims § 5

B. Form - Full And Final Release of All Claims § 5

John Doe
Attorney At Law
Address  _____________
Telephone No: ___________

Attorneys for

SUPERIOR COURT OF THE STATE OF CALIFORNIA.

IN AND FOR THE COUNTY OF _____________ (insert name of county)

[or other as appropriated

1, BETTY  ORHNSON, for myself, my heirs, executors, administrators, attorneys, representatives [hereinafter called "Releaser"], hereby fully and forever releases and discharges the Board of Trustees of California State University and its agents, employees, and other representatives whomsoever [hereinafter called "Releasees"] from all claims, demands, actions and causes of action, including claims for attorney fees, court costs and other costs of suit, directly or indirectly arising out of or in any way connected with those events and incidents which are the subject of the above‑captioned action (including and not limited to any potential, pending, and dismissed administrative claims, federal claims and state claims), in sole consideration of the lump sum payment of $ 1, 500.00 (one thousand, five hundred dollars) in a check payable to plaintiff  _________ and her attorney of record, _______________

In accepting the above‑stated terms and amounts, Releasor Johnson does so in full settlement of any and all claims against the Releasees, __________________________ (Insert Name of Defendant. The Releasor intends to, and does hereby, release the Releasees, ________________________________  from any and all liability of any nature whatsoever for all damage or injury to my person and property, specifically including all expenses to which it may have been put; The Releaser releases each of them for all consequences and effects and results of any such injury or damage, whether now known or unknown to it, whether expected or unexpected, whether already apparent or now latent. This release extends to property \ damage of every type and description as well as to personal injuries of every type and description .

In consideration of the above‑mentioned sum of money and of this release and settlement, the undersigned Releasor states, agrees, represents and warrants as follows:

1. This is a full and complete release of all and any claims that she might have, now or later, as to the above‑named persons and entities by reason of the happening of said incident and its consequences, including indemnification, declaratory relief, attorney fees, costs of suit, and medical costs.

2. The undersigned hereby authorizes a dismissal or dismissals with prejudice as to Releasees, of all causes of action arising out of the aforesaid incident and casualty, whether by way of complaint or cross‑complaint, including (but not limited to) all causes of action, state and federal, raised in the above‑captioned action. Said dismissal or dismissals may be at any time and in any court or forum and may be upon motion of any attorney of record in any lawsuit or other matter arising out of the above described events.

3. This is a full and final release applying to all injuries, including unknown t and unanticipated injuries and deaths and damages arising out of said incident or events. The undersigned Releasor waives all rights or benefits which she now has and may have in the future arising out of or otherwise related to the said incident or events.

 4. The Releaser hereby declares and represents that the injuries sustained are or may be permanent and progressive and that recovery there from is uncertain and indefinite. In making this release the Releaser understands and agrees that the undersigned relies wholly upon Releasor's own judgment, belief and knowledge as to the nature, extent, effect and duration of said injuries and as to the liability therefore. The making of this release is without reliance upon any statement or representation of any Releasee or of any representative or physician or surgeon employed, directly or indirectly, by any Releasee.

5. The Releaser is aware of the provisions of Section 1542 of the Civil Code of the State of California, which reads as follows:

"A general release does not extend to claims which the creditor
does not now 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 undersigned has been fully advised by Releasor's own counsel of the contents of said Civil Code section 1542 and voluntarily and expressly waives any and all rights or benefits thereunder .

6. This release is freely and voluntarily made. The undersigned has not been influenced to any extent in making this release by any representations or statements made by any Releasee, or by any agent or representative or employee or servant of any Releasee.

7. The Releaser understands that the liability for the incident or causality herein above described is disputed by the Releasees, and that this release is a compromise. The undersigned agrees and understands that this release and compromise (including payment of the above‑mentioned sum and terms) is not an admission of liability. Releasor agrees not to represent this compromise to be an admission of negligence or wrongdoing on the part of any person or entity [or in any proceeding].

8. The Releaser represents and warrants that it is not aware of any liens, any claim of liens, or any assignments in law or equity or otherwise against any claim or any cause of action of the undersigned Releasor. If such liens, claims of liens or assignments are discovered, the Releaser agrees to take fully responsibility for them and agrees to hold harmless and indemnify said Releasees for them.

9. The Releaser represents and warrants that the undersigned is fully entitled to give this complete release and discharge.

10. The Releaser represents and warrants that no workers' compensation carrier has any interest or claim of interest in any cause of action arising out of the incident.

11. The Releaser represents and warrants that no claim for attorneys tees or costs of suit or other legal expenses will be made on any Releasee or any representative of any Released by Releaser or Releasor's attorney or attorneys.

12. The Releasor agrees to indemnify and save harmless all Releasees from any loss, claim, expense, demand, or cause of action of any kind or character [including, but not limited to, claims, demands, penalties, court costs and legal tees, and any proceeding or taxes] through the assertion by any party or stranger hereto of any claim or claims connected
with the subject matter of this release and from any loss incurred directly or indirectly by reason of the falsity or inaccuracy of any representation made herein by the Releasor or by the Releasor's representative or representatives.

13. This release contains the entire agreement between the parties. The terms of this release are contractual and are not a mere recital. This release is executed without reliance upon any representation by any Releasee or any representative thereof.

14. The payment of the settlement monies of $ _________  shall be made by a check payable to " _____________, Esq. and his client, ______________ ." It is understood the check will issue after receipt by the Releasees of this executed release by plaintiff and an executed releases by the cross‑complainant City of San Diego, an executed dismissal with prejudice to dismiss this matter from the plaintiff, an executed dismissal with prejudice to dismiss the cross­complaint from the City of San Jose and all (executed) documents deemed necessary by _________________  for procurement of the settlement warrant to be paid herein.

15. The Releaser has been fully advised by counsel as to the matters set forth in this release, and each part thereof, and fully understands the same. The Releaser executes [his release in accordance with the directions and with the advise of Releasor's Orson attorney.

16. The undersigned has carefully read and understands the contents of this release, consisting of five (5) pages, and signs the same as the undersigned's own free act.

DATED:   _____________________________                                               _______________________
                                                                                                                               Name of Releasor

        On this _____ day of __________, 2001, before me, a Notary Public of the State of California, duly commissioned and sworn, personally appeared ______________ , known to me to be the person whose named is subscribed to the within instrument, and acknowledged to me that he executed the same.

        In witness whereof, I have hereunto set my hand and affixed my seal in the

County of ________, this ______ day of ______, 2001.

My commission expires  _________________________

__________________________
Notary Public
State of California

AS TO FORM AND CONTENT:

As attorney for Releasor, I hereby acknowledge and confirm that the above release of eg (five)______ (eg 5) pages
was presented to the Releaser and was explained to the Releasor. I concur in the settlement of this
lawsuit on the terms set forth above.

DATED:   _________________,                                 ________________________
                                                                                      ESQ. Attorney for Releaser

Form - Full And Final Release of All Claims § 5.70111