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