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Chris and Chris Freiling
5423 Mayfield Ave,
San Bernardino, CA. 92407
March 13, 1989
Dear Mayor Wilcox and Members of the city Council:
On October 25, 1988 sewage from the city's sewer line flooded
our home. After calling the city for help, we were advised that we
must first contact the police to confirm our story before action
could be taken. The police never responded, and it took several
hours before the city workers arrived. They cleaned out the main
sewer line from uphill, forcing the backed up sewage through the
city's pipe up through our toilets, bath, and shower, flooding
two-thirds of our house with thick brown sludge. Furthermore, given
that our neighbor's house was also flooded at the same time and that
our street is known to be a problem spot with a history of previous
flooding, there is absolutely no doubt as to the city's liability in
this matter.
We sat down with the City Adjuster and negotiated a fair
settlement, which was later approved by the city Council. This
itemized settlement covered the costs of present and known damage.
We signed a standard "Property Damage Release Form" striking out the
parts referring to unknown and unforeseen damage. The form went to
the city Attorney, where after six weeks had passed and at our
insistence he finally acted on the matter. His decision surprised
us. Not only did he refuse our release, but he now insisted that we
sign a more extensive release than the one we originally signed.
This "Release of All Claims" form required us to expressly waive all
rights under section 1542 of the civil code. I understand it is
usually used in cases where there is bodily injury as well as
property damage. The city Attorney informed us that we could either
sign this more extensive form or else go to court, in effect
punishing us for exercising our rights. Furthermore, he has
refused to negotiate with us or to explain his actions, calling us
"the enemy" and claiming that any negotiation or explanation on his
part would constitute giving us free legal advise. We find his
actions to be completely unprofessional if not unethical.
We are now, at the advice of an attorney, willing to sign the
original release form without any deletions or corrections. We only
ask that additional iterest be added to cover the cost of this
delay. This additional burden of debt, on a family which is already
overextended, has caused considerable financial stress.
Section 1542
protection of all
of all concerned.
of the Civil Code was enacted into
parties to a release and is to the
Accordingly, I cannot waive it.
law for the
best interests
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Our attorney has advised us that withholding payment due to us,
when there is no doubt about liability, borders on bad faith.
Please be advised that if legal action is instituted to recover, we
will have no alternative but to demand punitive damages, attorney's
fees, and other costs of the suit.
Sincerely yours,
~F~-
Chris and
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Chris Freiling
cc. Mr. Tom Cain, Risk Management
Mr. Penman, City Attorney