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89423 CMS 07 10 07 2022 10-16-55.921

Rules & Legislation Committee
September 22, 2022

Document
89423 CMS 07 10 07 2022 10-16-55.921
Meeting
September 22, 2022
Body
Rules & Legislation Committee
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.

APPROVED AS TO FORM AND LEGALITY
2022 SEP 33 PM V 06

FILEDOFFICE OF THE CITY CLERK
OAKLAND CITY ATTORNEY’S OFFICE

OAKLAND CITY COUNCIL
89 423 ^RESOLUTION NO. C.M.S.

RESOLUTION AUTHORIZING AND DIRECTING THE CITY

ATTORNEY TO COMPROMISE AND SETTLE THE CASE OF KATE
DIDECH V. CITY OF OAKLAND, AND DOES 1 TO 20, INCLUSIVE, ALAMEDA COUNTY SUPERIOR COURT CASE NO. RG19030982, CITY ATTORNEY FILE NO. 33141, IN THE AMOUNT OF SIXTY FIVE
THOUSAND DOLLARS AND ZERO CENTS ($65,000.00) (DEPARTMENT

OF TRANSPORTATION - DANGEROUS CONDITION OF PUBLIC

PROPERTY)
WHEREAS, Plaintiff Kate Didech alleges that on July 8,2018, Plaintiff was injured while Plaintiff rode an electric scooter on Vernon Street near Vernon Terrace due to a sinkhole that Plaintiff alleges is a dangerous condition on public property; and WHEREAS, Plaintiff allegedly suffered a fracture of the bony tip of the right elbow due to this incident; and
WHEREAS, Plaintiff filed Alameda County Superior case number RG19030982, against the City of Oakland, alleging 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 Kate Didech v. City of Oakland, and DOES 1 through 20, Inclusive, Alameda County Superior Court Case No. RG19030982, City Attorney’s File No. 33141, for the sum of Sixty Five Thousand Dollars and Zero Cents ($65,000.00); and be it FURTHER RESOLVED: That the City Attorney is further authorized and directed to take steps that may be necessary to effect said settlement.

OCT 42MIN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:

FIFE, KALB, KAPLAN, REID, TAYLOR, THAO AND
PRESIDENT FORTUNATO BAS — ^
AYES-
NOES -0
ABSENT-#

ABSTENTION
ATTEST:

VSHA
City Clerk and Clerk of (he Council of the
City of Oakland, California
;d
3203904vl
2

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