Cities Index.
View Legislation

Oakland City Council
September 19, 2023

Document
View Legislation
Meeting
September 19, 2023
Body
Oakland City Council
Original file
146 KB
Text extracted from the city's file for reading and search. Open the original on oakland.legistar1.com. That file is the official record.

3287916v2

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 MARILYN
RISI V. CITY OF OAKLAND, HEART AND DAGGER LLC, HEART AND DAGGER SALOON, AND DOES 1 TO 10 , ALAMEDA COUNTY
SUPERIOR COURT CASE NO. RG21102752, CITY ATTORNEY ’S FILE NO. 34446, IN THE AMOUNT OF THIRTY-FIVE THOUSAND DOLLARS AND ZERO CENTS ($35,000.00) (DEPARTMENT OF TRANSPORTATION - DANGEROUS CONDITION OF PUBLIC PROPERTY)

WHEREAS, Plaintiff Marilyn Risi (“Risi”) alleges that on August 28, 2020, they tripped and fell on a City sidewalk near 504 Lake Park Avenue in Oakland, due to an alleged dangerous condition of public property; and

WHEREAS, Risi suffered a broken arm which required surgery; and

WHEREAS, Risi filed Superior Court of the State of California, County of Alameda, Case No. RG21102752, against the City of Oakland and others, alleging a claim against the City 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 does not admit any wrongdoing or liability; and

WHEREAS, the parties and their legal counsel have negotiated a fair and reasonable settlement of Risi’s claims; now, therefore, be it

RESOLVED: That the City Attorney is authorized and directed to compromise and settle the case of Marilyn Risi v. City of Oakland, Heart and Dagger LLC, Heart and Dagger Saloon, and Does 1 to 10, Alameda County Superior Court Case No. RG 21102752, City Attorney’s File No. 34446, for the sum of Thirty-Five Thousand Dollars and Zero Cents ($ 35,000.00); 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

← All documents from this meeting