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 KAREN
SAUCEDO V. CITY OF OAKLAND, PAULISTA, LLC, JESSE BROD
MADWAY, JOHN KNOWLES, AND DOES 1 TO 100, ALAMEDA
COUNTY SUPERIOR COURT CASE NO. RG20074972, CITY ATTORNEY FILE NO. 33825, IN THE AMOUNT OF FIFTY THOUSAND DOLLARS AND ZERO CENTS ($50,000.00) (DEPARTMENT OF TRANSPORTATION - DANGEROUS CONDITION OF PUBLIC PROPERTY)
WHEREAS, Plaintiff Karen Saucedo (“Saucedo”) alleges that on August 3, 2019 , Saucedo tripped and fell on broken sidewalk concrete while walking on Wellington Street towards the intersection with Park Boulevard in Oakland. Saucedo alleges the pothole was a dangerous condition of public property; and
WHEREAS, Medical professionals diagnosed Saucedo with multiple fractures in the left wrist, a torn scapholunate ligament in the left wrist , and post -concussive symptoms due to this incident; and
WHEREAS, Saucedo filed Alameda County Superior case number RG20074972 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
2 RESOLVED: That the City Attorney is authorized and directed to compromise and settle the case of Karen Saucedo v. City of Oakland, Paulista, LLC, Jesse Brod Madway, John Knowles, and DOES 1 to 100, Alameda County Superior Court, Case No. RG20074972, City Attorney File No. 33825, for the sum of Fifty Thousand Dollars and Zero Cents ($50,000.00); 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,
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
3255666v1