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 SHEILA
HOOVER V. CITY OF OAKLAND, AND DOES 1 THROUGH 25,
INCLUSIVE, ALAMEDA COUNTY SUPERIOR COURT CASE NO.
23CV029968, IN THE AMOUNT OF THIRTY-FIVE THOUSAND
DOLLARS AND ZERO CENTS ($35,000.00) (DEPARTMENT OF
TRANSPORTATION – DANGEROUS CONDITION)
WHEREAS, Plaintiff Sheila Hoover (“Hoover”) alleges that on May 6, 2022, Hoover suffered a fractured wrist and other personal injuries after tripping and falling on a crack in the street near 3107 Eastman Ave; and
WHEREAS, Hoover alleges that the crack in the street constituted a dangerous condition of public property pursuant to Government Code section 830, et seq., for which the City of Oakland (“City”) is liable; and
WHEREAS, Hoover filed a lawsuit against the City entitled, Sheila Hoover v. City of Oakland, in the Alameda County Superior Court (Case No. 23CV029968) seeking money damages; and
WHEREAS, the City has considered all of the ev idence, litigation costs, and litigation risks in the case; and
WHEREAS, the City admits no fault, 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
____________________ ______________
CITY ATTORNEY’S OFFICE
2 RESOLVED: That the City Attorney is authorized and directed to compromise and settle the case of Sheila Hoover v. City of Oakland, et al ., and DOES 1-25, Alameda County Superior Court Case No. 23CV029968, for the sum of Thirty-Five Thousand Dollars and Zero Cents ($35,000.00); and be it
FURTHER RESOLVED: That the City Attorney is furthe r authorized and directed to take whatever steps as 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 –
A T T E S T :
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
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