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
JADADUDE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY V.
CITY OF OAKLAND AND DOES 1-40, INCLUSIVE, ALAMEDA
COUNTY SUPERIOR COURT CASE NO. 24CV066406, CITY
ATTORNEY’S FILE NO. 35756, IN THE AMOUNT OF TWO HUNDRED
AND THIRTY-FIVE THOUSAND DOLLARS AND ZERO CENTS
($235,000.00) (DEPARTMENT OF PUBLIC WORKS- INVERSE
CONDEMNATION) AND THE RELA TED CALIFORNIA TORT CLAIM
OF STATE NATIONAL INSURANCE COMPANY, CITY ATTORNEY’S
FILE NO. 35756, IN THE AMOUNT OF THIRTY-FIVE THOUSAND
DOLLARS AND ZERO CENTS ( $35,000.00) (DEPARTMENT OF PUBLIC
WORKS- INVERSE CONDEMNATION)
WHEREAS, Plaintiff Jadadude, LLC (“Jadadude”) alleges that on December 30, 2022, sewage from a clogged sewer main backed up into three units of an apartment building located at 3764 Fruitvale Avenue causing property damage, including damage to floors, cabinets, drywall, insulation, and fixtures. Consequently, Jadadude suffered loss of rents and other business expenses; and
WHEREAS, Jadadude attributes the sewage backup to defective maintenance and control of the sewer main by the City of Oakland (“City”); and WHEREAS, Jadadude filed a lawsuit in the S uperior Court of the State of California, County of Alameda, Case No. 24CV066406, alleging an inverse condemnation claim against the City; and
WHEREAS, Jadadude seeks to recover money da mages for cleanup and repair, business losses, and attorneys’fees and costs, and
WHEREAS, Jadadude ’s insurer, State National Insurance Company, filed a related government claim against the City, pursuant to the California Tort Claims Act (Government Code section 810, et seq.), seeking to recover money it paid Jadadude under a policy of insurance covering losses related to sewage backup; and WHEREAS, the City has considered all the evidence, litigation costs, and litigation risks in this case, and
ED AS TO FORM AND LEGALITY
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CITY ATTTTTTTTTTTTTTTTTTTOORNEY’S OFFICE
3369147v1 2
WHEREAS, the City admits no wrongdoing, fault or liability, and
WHEREAS, the parties and their legal counsel have negotiated a fair and reasonable settlement of these claims; now, therefore, be it
RESOLVED: That the City Attorney is authorized and directed to compromise and settle the case of Jadadude, LLC, a California limi ted liability company v. City of Oakland and Does 1-40, Inclusive, Alameda Superior Court Case No. 24CV066406, for the sum of Two Hundred and Thirty-Five Thousand Dollars and Zero Cents ($235,000.00) and the related California tort claim of State National Insurance Company for the sum of Thirty-Five Thousand Dollars and Zero Cents ($35,000.00); and be it
FURTHER RESOLVED: That the City Attorney is further 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, 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