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89076 CMS

Oakland City Council
March 15, 2022

Document
89076 CMS
Meeting
March 15, 2022
Body
Oakland City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on oakland.legistar1.com. That file is the official record.

filedoffice of the city

OAKLAND
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APPROVED AS TO FORM AND LEGALITY
: CITY ATTORNEY’S OFFICE

OAKLAND CITY COUNCIL
8 9 07 6RESOLUTION NO. C.M.S.

RESOLUTION AUTHORIZING AND DIRECTING THE CITY

ATTORNEY TO COMPROMISE AND SETTLE THE CASE OF IAN
DAVIDSON V. CITY OF OAKLAND, COUNTY OF ALAMEDA, STATE
OF CALIFORNIA, AND DOES 1-30, ALAMEDA COUNTY SUPERIOR
COURT CASE NO. RG20061509, CITY ATTORNEY’S FILE NO. 33799, IN

THE AMOUNT OF ONE HUNDRED SIXTY-FIVE THOUSAND
DOLLARS AND ZERO CENTS ($165,000.00) (DEPARTMENT OF

TRANSPORTATION - DANGEROUS CONDITION)
WHEREAS, Plaintiff alleges that on August 18, 2019, he fell from Plaintiffs bicycle and was injured on Shepherd Canyon Road, between Paso Robles Drive and Shelterwood Drive, due to a roadway depression that Plaintiff alleges is a dangerous condition of public property; and WHEREAS, allegedly due to the fall Plaintiff suffered broken bones in the right wrist and forearm, which resulted in several surgeries and further medical treatment; and WHEREAS, Superior Court of the State of California, County of Alameda, Case No.

RG20061509, was filed against the City of Oakland and others, alleging against the City a claim for dangerous condition of public property; and
WHEREAS, the City has considered all the evidence, litigation costs, and litigation risks in this case; and
WHEREAS, the City admits no wrongdoing or liability; and WHEREAS, the parties and their legal counsel have negotiated a fair and reasonable settlement of these claims; now, therefore, be it

RESOLVED: That the City Attorney is authorized and directed to compromise and settle the case of Ian Davidson v. City of Oakland, County of Alameda, State of California, and DOES 1-30, Alameda County Superior Court Case No. RG20061509, City Attorney’s File No. 33799, for the sum of One Hundred Sixty-Five Thousand Dollars and Zero Cents ($165,000.00); and be it
FURTHER RESOLVED: That the City Attorney is further authorized and directed to take whatever steps as may be necessary to effect said settlement.

IN COUNCIL, OAKLAND, CALIFORNIA,
MAR 15 2022PASSED BY THE FOLLOWING VOTE:

FIFE, KALB, KAPLAN, REID, TAYLOR,

PRESIDENT FORTUNATO BAS
AYES-
— bNOES -0
ABSENT -0
ABSTENTION-0
ATTEST:

ASHA REED
City Clerk and Clerk of the^ouncil of the
City of Oakland, California
3146971vl
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