3152691v1
CITY OF OAKLAND
ONE F R A N K H. O G A W A P L A Z A • 6 TH F L O O R • O A K L A N D , C A L I F O R N I A 94612 Office of the City Attorney
Barbara Parker
City Attorney
FAX:
TDD:
(510) 238-3601
(510) 238-6500
(510) 839-6451
March 15, 2022
HONORABLE CITY COUNCIL
Oakland, California
Subject: Mina Nadim v. City of Oakland, Louis Vincent Dianda, and DOES 1 to 10, inclusive; State of California, Department of Social Services, In -Home Support Services v. City of Oakland, Louis Vincent Dianda, and DOES 1 to 10, inclusive
Alameda Superior Court Case No. RG18909548 (consolidated with Case No. RG18926171)
City Attorney’s File Nos. 32665 and 32786
(Department of Transportation – Motor Vehicle Collision)
President Fortunato Bas and Members of the City Council:
Pursuant to Section 401 of the Charter, the City Attorney has prepared and requests your approval of a resolution authorizing compromise and settlement of the claims of plaintiff State of California, Department of Social Services, In -Home Support Services (“IHSS”) in the above- entitled lawsuit for the sum of : One Hundred Seventy -Two Thousand Six Hundred Forty -Five Dollars and No Cents ($172,645.00), payable to IHSS in the manner they specify.
This action arises from a January 18, 2018 collision between pedestrian Mina Nadim and an Oakland Department of Transportation truck driven by City employee Louis Vincent Dianda at the intersection of Moraga Avenue and La Salle Avenue in Oakland, California. Plaintiff Nadim alleges, as a result of the collision, injuries, including a concussion, lacerated scalp, and traumatic brain injury, lost income, and other damages. Plaintiff IHSS alleges that because Plaintiff Nadim was working in IHSS’s employ at the time of the collision, IHSS paid workers’ compensation benefits, including disability and medical benefits, to or on behalf of Plaintiff Nadim totaling $172,645.00 to date.
The City Council authorized settlement of the IHSS claims in this case in Closed Session on T hursday, March 3, 2022 (moved by Councilmember Noel Gallo and seconded by Councilmember Loren Taylor - 8 Ayes).
Respectfully submitted,
BARBARA J. PARKER
City Attorney
Assigned Attorney:
Andrew S. Huang