APPROVED AS TQ FORM AND LEGALITY
2022 SEP 33 PH ¥ OS
office o/tHIty cl
OAKLAND
CITY AT' lEY’S OFFICE
OAKLAND CITY COUNCIL
89424 aRESOLUTION NO. C.M.S.
RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY
TO COMPROMISE AND SETTLE THE CASE OF CALIFORNIA CAPITAL INSURANCE COMPANY AS SUBROGEE OF 350 FOURTH STREET LLC
V. CITY OF OAKLAND, AND DOES 1 THROUGH 25, INCLUSIVE,
ALAMEDA COUNTY SUPERIOR COURT CASE NO. RG21102644, CITY ATTORNEY FILE NO. 34451, IN THE AMOUNT OF FORTY-FIVE
THOUSAND DOLLARS AND NO CENTS ($45,000.00) (DEPARTMENT OF
PUBLIC WORKS - INVERSE CONDEMNATION)
WHEREAS, Plaintiff California Capital Insurance Company as subrogee of 350 Fourth Street LLC alleges their insured, located at 350 4th Street, Oakland, CA 94607, sustained real property damage caused by a sewer main overflow; and
WHEREAS, Plaintiff filed a lawsuit entitled California Capital Insurance Company as subrogee of 350 Fourth Street LLC v. City of Oakland, et al, Alameda County Superior Court Case No. RG21102644 alleging negligence, inverse condemnation, trespass, nuisance, and dangerous condition of public property; and
WHEREAS, without admitting fault or wrongdoing, the City has determined to compromise the claim of California Capital Insurance Company as subrogee of 350 Fourth Street LLC’s for the sum of Forty-Five Thousand Dollars and no Cents ($45,000.00); now therefore be it
RESOLVED: That the City Attorney is authorized and directed to compromise and settle the case of California Capital Insurance Company as subrogee of350 Fourth Street LLC v. City of Oakland, et al., Alameda County Superior Court Case No. RG21102644, for the sum of Forty- Five Thousand Dollars and No Cents ($45,000.00); and be it FURTHER RESOLVED: That the City Attorney is authorized and directed to take steps that may be necessary to effectuate said settlement.
[OCT 4 2022IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, KALB, KAPLAN, REID, TAYLOR, THAO AND
PRESIDENT FORTUNATO BAS —
TNOES
ABSENT
ABSTENTION -Qy
" I (snii) ATTEST:
City Clerk and Clerk of the Council of the City
of Oakland, California
3189915vl