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 HOA
NGUYEN; MICHELLE NGUYEN; JOHN NGUYEN, BY AND THROUGH
HIS FATHER AND GUARDIAN, HOA NGUYEN; AND ELLIE NGUYEN,
BY AND THROUGH HER MOTHER AND GUARDIAN, TRANG NGUYEN
V . LILIA V ARGASDORALLA; OAKLAND UNIFIED SCHOOL DISTRICT; CITY OF OAKLAND, STATE OF CALIFORNIA, AND DOES 1 THROUGH 100, INCLUSIVE, ALAMEDA COUNTY SUPERIOR COURT CASE NO.
RG20079412, CITY ATTORNEY’S FILE NO. 34068, IN THE AMOUNT OF
ONE HUNDRED SEVENTY THOUSAND DOLLARS AND ZERO CENTS
($170,000.00) (DEPARTMENT OF TRANSPORTATION - DANGEROUS
CONDITION OF PUBLIC PROPERTY)
WHEREAS, Plaintiffs allege that on October 1, 2019, Plaintiff Ellie Nguyen and decedent Huong Truong were struck in the crosswalk at 22 nd Avenue and Foothill Boulevard by a vehicle driven by Defendant Lilia Vargasdoralla, and due to an alleged dangerou s condition o f public property; and
WHEREAS, Plaintiff Ellie Nguyen suffered bodily injuries, including lacerations and abrasions, and decedent Huong Truong was killed; and
WHEREAS, Plaintiffs filed Superior Court of the State of California, County of Alameda, Case No. RG20079412 against the City of Oakland and others, 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
WHEREAS, the parties and their legal counsel have negotiated a fair and reasonable settlement of these claims; now, therefore, be it
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RESOLVED: That the City Attorney is authorized and directed to compromise and settle the case of Hoa Nguyen; Michelle Nguyen; John Nguyen, by and through his father and guardian Hoa Nguyen; and Ellie Nguyen, by and through her mother and guardian Trang Nguyen v. Lilia Vargasdoralla; Oakland Unified School District; City of Oakland; State of California, and Does 1 through 100, Alameda County Superior Court Case No. RG20079412, City Attorney’s File No. 34068, for the sum of One Hundred Seventy Thousand Dollars and Zero Cents ($170,000.00); 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, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California