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
September 19, 2023
HONORABLE CITY COUNCIL
Oakland, California
Subject: 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 File No. 34446
(Department of Transportation – Dangerous Condition)
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 Thirty-Five Thousand Dollars and Zero Cents ($35,000.00 ), payable to Plaintiff Marilyn Risi (“Risi”), through the Law Offices of Brian Larsen.
This lawsuit arises from an August 28, 2020, trip and fall on a City sidewalk in front of 504 Lake Park Avenue in Oakland. Risi alleges the sidewalk was in a dangerous condition and caused Risi to fall and suffer a broken arm, requiring surgery . The City has determined that settlement in the amount of $35,000.00, without admitting liability and to avoid further litigation, is in the City’s best interest.
The Council authorized settlement of this case in closed session on Thursday, July 20, 2023 (moved by Council President Nikki Fortunato Bas seconded by Councilmember Noel Gallo - 5 Ayes and 3 Absent – Councilmembers Kevin Jenkins, Dan Kalb, and Treva Reid).
Respectfully submitted,
BARBARA J. PARKER
City Attorney
Assigned Attorney
Courtney O’Brien
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