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CITY OF OAKLAND
ONE F R A N K H. O G A W A P L A Z A • 6 TH F L O O R • O A K L A N D , C A L I F O R N I A 94612 Office of the City Attorney
Barbara Parker
City Attorney
FAX:
TDD:
(510) 238-3601
(510) 238-6500
(510) 839-6451
July 18, 2023
HONORABLE CITY COUNCIL
Oakland, California
Subject: Rebecca Johnson v. City of Oakland, and DOES 1 – 20, inclusive Alameda County Superior Court Case No. 21CV004044
City Attorney File No. 34576
(Department of Transportation – Dangerous Condition of Public Property)
Dear President Fortunato Bas and Members of the City Council:
Pursuant to Section 401 of the Charter, the City Attorney has prepared and requests your approval of a resolution authorizing compromise and settlement of the above -entitled lawsuit for the sum of One Hundred Seventy Five Thousand Dollars and No Cents ($175,000.00), payable to Ayala Morgan & Buzzard on behalf of Rebecca Johnson.
This action arises out of Plaintiff Rebecca Johnson’s (“Johnson”) trip and fall over an uplift in the sidewalk on Bay Place near Grand Ave. in Oakland on October 22, 2020. The uplift had allegedly existed for several years. As a result of the fall, Johnson sustained a right femur fracture.
Johnson claims past medical expenses, loss of income, and pain and suffering.
The City has determined that settlement in the amount of $ 175,000.00, without admitting liability and to avoid further litigation, is in the best interest of the City.
The City Council authorized settlement of this c ase in Closed Session on T hursday, June 21, 2023 (moved by Councilmember Noel Gallo and seconded by Councilmember Treva Reid - 6 Ayes, 2 Ab sent – Councilmember Kevin Jenkins and Councilmember Janini Ramachandran).
Respectfully submitted,
BARBARA J. PARKER
City Attorney
Assigned Attorney:
Christina Lum