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89533 CMS

Oakland City Council
December 20, 2022

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89533 CMS
Meeting
December 20, 2022
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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.

APPROVED AS TO FORM AND LEGALITY
2022 DEG ~9 AH II* 06
FILEDOFFICE OF THE CITY CLERKOAKLAND CITY attcMney’s OFFICE

OAKLAND CITY COUNCIL
RESOLUTION NO. 8953 3 * C.M.S.

RESOLUTION AUTHORIZING AND DIRECTING THE CITY

ATTORNEY TO COMPROMISE AND SETTLE THE CASE OF LYNN
MLADJOV AND VASSIL ML AD JO V V. CITY OF OAKLAND AND DOES 1 TO 100, ALAMEDA COUNTY SUPERIOR COURT CASE NO.

RG20082462, CITY ATTORNEY’S FILE NO. 34128, IN THE AMOUNT OF EIGHTY FIVE THOUSAND DOLLARS AND ZERO CENTS ($85,000.00) (DEPARTMENT OF TRANSPORTATION - DANGEROUS CONDITION

OF PUBLIC PROPERTY)
WHEREAS, Plaintiff Lynn Mladjov alleges that on April 17, 2020, Plaintiff was injured while walking on the sidewalk near 644 Trestle Glen Road due to a sidewalk uplift that Plaintiff alleges is a dangerous condition of public property; and WHEREAS, Plaintiff Lynn Mladjov allegedly suffered a fracture of the radial head of the right elbow, tom labrum (cartilage) of the right shoulder, and sprained finger due to this incident; and
WHEREAS, Plaintiff Lynn Mladjov underwent surgery for the elbow fracture; and WHEREAS, Plaintiff Vassil Mladjov alleges loss of consortium for decreased marital emotional support and companionship and household services from wife Lynn Mladjov during Lynn Mladjov’s recovery; and
WHEREAS, Plaintiffs Lynn Mladjov and Vassil Mladjov filed Alameda County Superior case number RG20082462 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 Lynn Mladjov and Vassil Mladjov v. City of Oakland and DOES 1 to 100, Alameda County Superior Court Case No. RG20082462, City Attorney’s File No. 34128, for the sum of Eighty Five Thousand Dollars and Zero Cents ($85,000.00), which is apportioned as $80,000.00 for Lynn Mladjov and $5,000.00 for Vassil Mladjov; and be it FURTHER RESOLVED: That the City Attorney is authorized and directed to take whatever steps may be necessary to effect said settlement.

IN COUNCIL, OAKLAND, CALIFORNIA, DEC 2 0 2022
PASSED BY THE FOLLOWING VOTE:

AYES - FIFE, GALLO, KALB, KAPLAN, $$$#/TAYLOR, THAO AND PRESIDENT FORTUNATO BAS __
NOES -0
ABSENT-0

ABSTENTION
ATTEST:

ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
3225029v2
2

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