Free Notice of Voluntary Dismissal - District Court of California - California

Case 3:07-cv-02425-JCS Document 9-2 Filed 06/06/2007 Page 1 of 3
GENERAL AND SPECIAL RELEASE
In consideration of the return of the 1987 VW, California License Plate Number
ZJPM563, and for other good and valuable consideration, receipt of which is hereby
acknowledged, the undersigned, HOWARD HERSHIPS (hereinafter called the "Releasor"), does
hereby forever release and discharge OFFICER STEPHEN SEALY; CITY OF FOSTER CITY;
FOSTER CITY POLICE DEPARTMENT; and PALM AVENUE MOTORS, INC sued as
PALM AVENUE TOWING (DBA) and LOS PRADOS TOWING and any of their subsidiaries,
parent corporations, officers, directors, agents, insurers, reinsurers, attorneys, servants or
employees, and all others (hereinafter collectively called the "Releasees") from any and all
actions, causes of action, obligations, costs, damages, losses, claims, liabilities and demands
(including claims arising out of contract), arising out of or in any way connected with or resulting
hom the incident of March 31, 2007, the seizure of the 1987 VW and all of those matters set
forth in the UNITED STATES DISTRICT COURT, NORTHERN DISTRICT gi", %¢?/Z
CALIFORNIA, SAN FRANCISCO DIVISION, Action No. C 07Q425 I CS, as a result of which
damages were alleged to have been sustained by HOWARD HERSHIPS.
This is a full and final Release of any and all claims arising out of the matters set forth
above. The undersigned agrees as a further consideration and inducement for this compromise
that this Release extends to all claims of every nature and kind whatsoever, known or unknown,
suspected or unsuspected, regarding the matters set forth above, and all rights under Section 1542
of the Civil Code of the State of California are hereby expressly relinquished and waived by the
undersigned. Said section reads as follows:
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Case 3:07-cv-02425-JCS Document 9-2 Filed 06/06/2007 Page 2 of 3
SECTION 1542, GENERAL RELEASE.
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
The undersigned further expressly agrees that this Release shall be binding upon all
successors and assigns and shall inure to the benefit of Releasees, and each of them. The
undersigned further represents that any approvals of this settlement required to be obtained by the
undersigned have been obtained and that he is expressly or otherwise fully authorized to release
and discharge Releasees as described herein.
The Releasees, or anyone acting on their behalf, are directed to return the 1987 VW
vehicle to HOWARD HERSHIPS, who represents that he has full and sole title to the vehicle.
It is further understood and agreed that this settlement is the compromise of a disputed
claim, that the return of the vehicle is not to be construed as an admission of liability to the
undersigned by the Releasees, and that any liability is expressly denied.
It is further understood and agreed that this General and Special Release is entered into in
the State of California and shall be construed according to the laws of the State of California.
The undersigned hereby expressly agrees to defend, protect, indemnify and save hannless
Releasees from any loss, claim, expense, demand or cause of action in any way arising from any
claim, lien, attorney lien, subrogation claim, or any other legal expense in any way related to a
claim of ownership of the 1987 VW by anyone else. The undersigned further expressly agrees to
defend, protect, indemnify and save harmless Releasees from any loss, claim, expense, demand
or cause of action in any way arising from any claim, lien, attorney lien, subrogation claim, or
any other legal expense in any way related to the incident which is the subject matter of this
release, as described above.
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Case 3:07-cv-02425-JCS Document 9-2 Filed 06/06/2007 Page 3 of 3
The undersigned hereby expressly represents that said occurrence did not arise out of or
in the course of any employment of the undersigned, and no claim has been made against any
employer or employer’s insurance carrier under the Workers’ Compensation provisions of the
Labor Code of the State of California by reason of any injuries sustained.
IN WITNESS WHEREOF, the undersigned does hereby execute this Release the é
day of June, 2007.
{ *•»
H WARD I-IERSHIPS, Praimt
Civil Code § 1189
STATE OF CALIFORNIA )
_ ) ss.
County of Sera fy"t0.i~€·F )
On this Q day of June, 200;/(bfefore ine, (here insert name and title ofthe
0fiIcer)$t»»?t,/at eat Mw W4 begs ilpersdrrally appeared
fl<:>·.»·t»eW& gf Qx**§»~;`é’€ personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/aresubscribed
to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies); and that by his/lreritlareir si gnature(s) on the instrument the
person(Ls); or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my lrar1,dgar;r'jdaefficial seal. gg
y ,..i Q M comm. tr 1555159 §
. /,;:2/ 4, ;jNOTARY PUBLlC—CALiK)RNlA Gl
Signature ·/(//\--""‘"""”" i°"‘’‘ (Seal) Cg(\V\N\AMé\>g;iCg COUNTY Q
/ ‘——»H%{gyy Signgfuyg]
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