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CITY OF OAKLAND
ONE FRANK H. OGAWA PLAZA x 6 TH FLOOR x OAKLAND, CALIFORNIA 94612 Office of the City Attorney
Barbara Parker
City Attorney
FAX:
TDD:
(510) 238-3601
(510) 238-6500
(510) 839-6451
February 6, 2024
HONORABLE CITY COUNCIL
Oakland, California
Subject: 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
(Oakland Police Department - Auto Accident)
President Fortunato Bas and Members of the City Council:
Pursuant to Section 401 of the Charter, the Ci ty Attorney has prepared and requests your approval of a resolution authorizing compromise a nd settlement of the above- entitled lawsuit for the sum of One Hundred Eighty-Five Thousand Dollars and Zero Cents ($185,000.00), payable to Julio Rodriguez Lemus and their attorneys.
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. Lemus alleges that the officer caused the accident by driving negligently and at an excessive speed. Lemus also alleges that the collision caused them bodily injury including lumbar spine bulging, herniated discs, pain and suffering and anxiety. Lemus seeks damages for pa st and future medical expenses and pain and suffering. The approved settlement resolves all claims with Lemus in this matter. The City has determined that settlement in the amount of $185,000.00, without admitting liability and to avoid further litigation, is in the City’s best interest.
The City Council authorized settlement of th is case in Closed Session on Thursday, January 18, 2024 (moved by Councilmember Kevin Jenkins and seconded by Councilmember Treva Reid - 7 Ayes, 1 Absent – Councilmember Noel Gallo).
Respectfully submitted,
BARBARA J. PARKER
City Attorney
Assigned Attorney:
Courtney O’Brien
Respectfully submitted,
BARBARA J. PARKER