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
CALIFORNIA FAIR PLAN ASSOCIATION V. CITY OF OAKLAND,
AND DOES 1 THROUGH 20 INCLUSIVE, ALAMEDA COUNTY
SUPERIOR COURT CASE NO. 22 CV006836, CITY ATTORNEY FILE NO. 34910, IN THE AMOUNT OF THIRTY-FIVE THOUSAND DOLLARS AND NO CENTS ($35,000 .00) REGARDING DAMAGE THAT
OCCURRED WHEN A LIMB/BRANCH FROM AN OFFICIAL CITY
TREE FELL ONTO A HOME (DEPARTMENT OF PUBLIC WORKS –
DANGEROUS CONDITION)
WHEREAS, Plaintiff California Fair Plan Association is the insurer for real property damage that occurred at 2201 Arrowhead Avenue in Oakland, CA on July 6, 2021 , when a tree limb/branch broke off a 70 -foot-tall Monterey pine tree and fell onto the house at that address, causing damage; and
WHEREAS, the tree is designed as an “official” City tree; and
WHEREAS, California Fair Plan Association paid approximately $42,022.03 for the repair of the real property of its insured and incurred additional costs for a claimed damage total of $55,701.58; and
WHEREAS, California Fair Plan Association filed Alameda County Superio r Court Case No. 22CV006836, alleging that the tree was a dangerous condition of public property and alleging that the City’s acts and omissions related to the maintenance of the tree resulted in the damage to the real property; and
WHEREAS, the City has considered all the evidence, litigation costs and litigation risks in this case; and
WHEREAS, without admitting wrongdoing or liability, the City has determined to settle California Fair Plan Association’s claim against the City for the sum of Thirty -Five Thousand Dollars and No Cents ($35,000.00); now, therefore, be it
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RESOLVED: That the City Attorney is authorized and directed to compromise and settle the case of California Fair Plan Association v. Ci ty of Oakland and DOES 1 -20 Alameda County Superior Court Case No. 22CV006836, for the sum of Thirty -Five Thousand Dollars and No Cents ($35,000.00); and be it
FURTHER RESOLVED: That the City Attorney is further authorized and directed to take whatever s teps may be necessary to take whatever steps 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