APPROVED AS TO FORM AND LEGALITY
___________________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION AUTHORIZING AND DIRECTING THE CITY
ATTORNEY TO COMPROMISE AND SETTLE THE CASE OF SAMI
JABAJI, AN INDIVIDUAL V. THE CITY OF OAKLAND; A PUBLIC
ENTITY; THE COUNTY OF ALAMEDA, A PUBLIC ENTITY;
CALIFORNIA DEPARTMENT OF TRANSPORTATION DOING
BUSINESS A S (“ DBA”) CALTRANS; A PUBLIC ENTITY; STATE OF CALIFORNIA, A PUBLIC ENTITY AND DOES 1 THROUGH 20,
INCLUSIVE, ALAMEDA COUNTY SUPERIOR COURT CASE NO.
RG19046209, CITY ATTORNEY’S FILE NO. 33548, IN THE AMOUNT OF
SEVEN HUNDRED FORTY -FIVE THOUSAND DOLLARS AND ZERO
CENTS ($745,000.00) (DEPARTMENT OF TRANSPORTATION -
DANGEROUS CONDITION OF PUBLIC PROPERTY)
WHEREAS, Plaintiff alleges that on June 20, 2019, they suffered injuries from a bicycle accident wherein their bicycle tire became lodged in a sinkhole on Ha rrison Street near the intersection of Harrison Street and Moss Avenue in Oakland, due to an alleged dangerou s condition of public property; and
WHEREAS, Plaintiff claims they suffered a traumatic brain injury and various orthopedic injuries including a broken clavicle, which required surgery and further medical treatment .
Plaintiff also claims a h erniated spinal disc resulted in chronic pain and will require a future discectomy surgery; and
WHEREAS, Plaintiff filed Superior Court of the State of California, County of Alameda, Case No. RG19046209 against the City of Oakland , and other parties later dismissed, alleging a claim against the City 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
2 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 Sami Jabaji, an individual v. The City of Oakland; a public entity; The County of Alameda, a public entity; California Department of Transportation dba Cal trans; a public entity; State of California, a public entity and DOES 1 - 20, inclusive, Alameda County Superior Court Case No. RG19046209, City Attorney’s File No. 33548, for the sum of Seven Hundred Forty-Five Thousand Dollars and Zero Cents ($745,000.00); 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,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, KALB, KAPLAN, REID, TAYLOR, THAO AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
3212978v1