APPROVED AS TO FORM AND LEGALITY
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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 JULIO
RODRIGUEZ LEMUS V. CITY OF OAKLAND, VICTOR GARCIA-
PARRA, JR., AND DOES 1-30, INCLUSIVE, ALAMEDA COUNTY
SUPERIOR COURT CASE NO. 22CV005194, CITY ATTORNEY FILE
NO. 34527, IN THE AMOUNT OF ONE HUNDRED EIGHTY-FIVE
THOUSAND DOLLARS AND ZERO CENTS ($185,000.00) (OAKLAND
POLICE DEPARTMENT - AUTO ACCIDENT)
WHEREAS, Plaintiff Julio Rodriguez Lemus (“Lemus”) alleges that on October 20, 2020 they were involved in a vehicle collision w ith an Oakland Police Department (“OPD”) vehicle at the intersection of 80
th Avenue and International Boulevard; and
WHEREAS, Lemus alleges that the officer caused the accident by driving negligently and at an excessive speed; and
WHEREAS Lemus alleges that the collision caused them bodily injury including lumbar spine bulging, herniated discs, pain and suffering and anxiety; and WHEREAS, Lemus seeks damages for past and future medical expenses and pain and suffering; and
WHEREAS, Lemus filed Superior Court of the State of California, County of Alameda, Case No. 22CV005194 against the City of Oakland and others, alleging a claim against the City for 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
AS TO FORM AND LEGALITY
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CITY ATTORNEY’S OFFICE
3325596v1
2 RESOLVED: That the City Attorney is authorized and directed to compromise and settle the case of Julio Rodriguez Lemus v. City of Oakland, Victor Garcia-Parra, Jr, and Does 1- 30, inclusive, Alameda County Superior Cour t Case No. 22CV005194, for the sum of One Hundred Eighty-Five Thousand Dollars and Zero Cents ($185,000.00); and be it
FURTHER RESOLVED: That the City attorney is furt her authorized and directed to take whatever steps as may be necessary to effect this settlement.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, JENKINS, KAL B, KAPLAN, RAMACHANDRAN, REID, AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
A T T E S T :
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California