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
GREGORY MILLER V. CITY OF OAKLAND AND DOES 1-100,
ALAMEDA COUNTY SUPERIOR CO URT CASE NO. 22CV008896, CITY ATTORNEY FILE NO. 34100, IN THE AMOUNT OF ONE HUNDRED
THOUSAND DOLLARS AND ZERO CENTS ($100,000.00)
(DEPARTMENT OF PUBLIC WORKS, DANGEROUS CONDITION OF
PUBLIC PROPERTY)
WHEREAS, Plaintiff Gregory Miller (“Miller”) alleges that on May 6, 2020, Miller was riding their bicycle northbound on Monterey B oulevard, south of Leimert Boulevard. Miller alleges the bicycle wheel lodged into a par allel storm drain grate, throwing Miller from the bicycle. Miller alleges Miller suffered injuries including to the left knee and lower back; and WHEREAS, Miller alleges the parallel grate wa s a dangerous condition of public property of which the City had notice; and
WHEREAS, Miller seeks damages for past and future medical expenses and pain and suffering; and
WHEREAS, Miller filed Superior Court of the State of California, County of Alameda, Case No. 22CV008896 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 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
D AS TO FORM AND LEGALITY
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CITY ATTORNEY’S OFFICE
3325799v1
2 RESOLVED: That the City Attorney is authorized and directed to compromise and settle the case of Gregory Miller v. City of Oa kland and Does 1-100, Alameda County Superior Court Case No. 22CV008896, for the sum of One Hundred Thousand Dollars and Zero Cents ($100,000.00); 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