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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 REBECCA
JOHNSON V. CITY OF OAKLAND, AND DOES 1 -20, INCLUSIVE,
ALAMEDA COUNTY SUPERIOR COURT CASE NO. 21CV004044, CITY ATTORNEY’S FILE NO. 3 4576, IN THE AMOUNT OF ONE HUNDRED SEVENTY FIVE THOUSAND DOLLARS AND NO CENTS ($ 175,000.00) (DEPARTMENT OF TRANSPORTATION – DANGEROUS CONDITION
OF PUBLIC PROPERTY)
WHEREAS, Plaintiff Rebecca Johnson (“Johnson”) allegedly tripped and fell on an uplifted portion of sidewalk on Bay Place near Grand Avenue on October 22, 2020; and
WHEREAS, Johnson sustained a right femur fracture as a result of the trip and fall; and
WHEREAS, Johnson filed Rebecca Johnson v. City of Oakland, et al., Alameda County Superior Court Case No. 21CV004044 against the City of Oakland alleging a claim for dangerous condition of public property , and claiming past medical expenses, loss of income, and pain and suffering; and
WHEREAS, without admitting fault o r wrongdoing, the City has determined to compromise Johnson’s claim for the sum of One Hundred Seventy-Five Thousand Dollars and no Cents ($175,000.00); now, therefore, be it
RESOLVED: That the City Attorney is authorized and directed to compromise and settle the case of Rebecca Johnson v. City of Oakland, et al., Alameda County Superior Court Case No. 21CV004044, City Attorney’s File No. 34576 for the sum of One Hundred Seventy Five Thousand Dollars and No Cents ($175,000.00); 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
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