3238585v1
FEBRUARY 16, 2023
CLOSED SESSION REPORT OF FINAL ACTION
Date of Meeting: Thursday, February 16, 2023
Litigation Negotiations
NAME OF ACTION:
California Capital Insurance Company as subrogee of the Gee Family Trust v City of Oakland and DOES 1 - 25, inclusive
Alameda County Superior Court Case No. 22CV015984
This matter is listed as Item No. 1(c) on the Closed Session Agenda:
The council authorized settlement in the amount of $64,605.83
This case arose out of an incident occurring on January 24, 2022
FACTS/ISSUES:
On January 24, 2022, a City sewer main below the intersection at 5 Monte Cresta Avenue and Kelton Court allegedly became blocked, causing raw sewage to back up into the toilet and bathtub of Plaintiff California Capital Insurance Company’s (“CCIC”) insured ’s apartment. R aw sewage allegedly backed up into the kitchen, living room, dining room and bedroom of Unit 107 of the apartment complex.
CCIC claims it paid $64,605.83 to repair real property damage to its insured’s apartment. CCIC also claims prejudgment interest, attorneys’ fees and costs. The City has determined that settlement in the amount of $64,605.83 to CCIC, without admitting liability and to avoid further litigation, is in the best interest of the City.
Motion Made by: President Pro Tem Kalb
Motion Seconded by: Councilmember Kaplan
AYES: Fife, Gallo, Jenkins, Kalb, Kaplan, Ramachandran, Reid, and President Fortunato Bas= 6 NOES: Fife, Gallo, Jenkins, Kalb, Kaplan, Ramachandran, Reid, and President Fortunato Bas= ABSENT: Fife, Gallo, Jenkins, Kalb, Kaplan, Ramachandran, Reid, and President Fortunato Bas= 2 ABSTENTIONS: Fife, Gallo, Jenkins, Kalb, Kaplan, Ramachandran, Reid, and President Fortunato Bas=