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
ARMANDO FOSTER V. CITY OF OAKLAND, STAK ZAHOUREK, AND
DOES 1 – 50, ALAMEDA COUNTY SUPERIOR COURT CASE NO.
21CV004024, CITY ATTORNEY’S FILE NO. 33710, IN THE AMOUNT OF
ONE HUNDRED NINETY THOUSAND DOLLARS AND ZERO CENTS
($190,000.00) (OAKLAND POLICE DEPARTMENT – AUTO ACCIDENT)
WHEREAS, Plaintiff Armando Foster (“Foster”) alleges that on July 23, 2019 , they suffered injuries from a n automobile accident between their vehicle and an Oakland Police Department (“OPD”) vehicle, at the intersection of High Street and Walnut Street in Oakland, due to the alleged negligent driving of an OPD officer; and
WHEREAS, an OPD traffic collision report determined the OPD officer caused the accident; and
WHEREAS, Foster claims they suffered various orthopedic injuries as well as a spinal injury that will require surgery and further medical treatment. Foster also claims an inability to perform all of the demands of their pre-accident vocations, and that they suffered wage loss as a result; and
WHEREAS, Foster filed Superior Court of the State of California, County of Alameda, Case No. 21CV004024 against the City of Oakland and OPD Officer Stak Zahourek , alleging a claim against the City for Officer Stak Zahourek’s alleged negligence; 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
RESOLVED: That the City Attorney is authorized and directed to compromise and settle the case of Armando Foster v. City of Oakland, Stak Zahourek, and DOES 1 - 50, Alameda County 3288047v1 2
Superior Court Case No. 21CV004024, City Attorney’s File No. 33710, for the sum of One Hundred Ninety Thousand Dollars and Zero Cents ($190,000.00); 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