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 MARIA
ANTONIA GALLO SANCHEZ V. CIT Y OF OAKLAND, AND DOES 1
THROUGH 50, INCLUSIVE, ALAMEDA COUNTY SUPERIOR COURT
CASE NO. 22CV014790, IN THE A MOUNT OF THREE HUNDRED AND FIFTY THOUSAND DOLLARS AND ZERO CENTS ($350,000.00)
(DEPARTMENT OF TRANSPORTATION – DANGEROUS CONDITION)
WHEREAS, on September 11, 2021, Plaintiff Maria Antonia Gallo Sanchez (“Sanchez”) walked along International Boulevard toward the bus stop island in the middle of the street; and WHEREAS, Sanchez’s pant leg became tangled on a piece of rebar protruding from a City-owned broken archway, causing Sanchez to fall and fracture Sanchez’right elbow; and WHEREAS, Sanchez alleged that the condition of the archway constituted a dangerous condition of public property; and
WHEREAS, Sanchez further alleged that Sanchez suffered severe loss of range of motion in their elbow resulting in a loss of earning capacity; and WHEREAS, Sanchez filed the lawsuit entitled Maria Antonia Gallo Sanchez v. City of Oakland, and DOES 1-50 , Alameda County Superior Court Case No. 22CV014790 alleging dangerous condition of public property; and
WHEREAS, the City has determined that settlement in the amount of $350,000.00, without admitting liability and to a void further litigation, is in the City ’s best interest ; now therefore be it
RESOLVED: that the City Attorney is authorized and directed to compromise and settle the case of Maria Antonia Gallo Sanchez v. City of Oakland, and DOES 1-50 , Alameda County Superior Court Case No. 22CV014790, for the sum of Three Hundred and Fifty Thousand Dollars and Zero Cents ($350,000.00); and be it
ED AS TO FORM AND LEGALITY
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CITY ATTORNEY’S OFFICE
2 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, 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
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