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
DANIELLE VALIAO, AN INDIVIDUAL V. CITY OF OAKLAND, A
PUBLIC ENTITY; BUCK WILD BREWING, A BUSINESS ENTITY;
ACTION JACKSON, LLC, A BU SINESS ENTITY; AND DOES 1
THROUGH 50, INCLUSIVE, ALAMEDA COUNTY SUPERIOR COURT
CASE NO. 23CV037540 , CITY ATTORNEY’S FILE NO. 36 177, IN THE
AMOUNT OF ONE HUNDRED AND TWENTY FIVE THOUSAND
DOLLARS AND ZERO CENTS ($125,000.00) (DEPARTMENT OF
TRANSPORTATION- DANGEROUS CONDITION)
WHEREAS, Plaintiff Danielle Valiao (“Valiao”) alleges that on March 7, 2023, Valiao fell and severely broke Valiao’s right ankle after stepping in a 2-3-inch-deep pothole located on the sidewalk in front of the Buck Wild Brewing brewery on the corner of 4th and Jackson Streets; and
WHEREAS, Valiao alleges that the hole constituted a dangerous condition of public property for which the City is liable. Valiao als o sued the brewery alleging that it caused the surface of the sidewalk to deteriorate and that it failed to maintain the sidewalk as required by the Oakland Municipal Code; and
WHEREAS, Valiao underwent surgery that inserted metal plates secured by screws over the fracture to provide stability. Valiao likely w ill require a second surgery to remove the hardware. Valiao alleges Valiao has regular pain in the ankle and feels unsteady while walking.
WHEREAS, Valiao filed a lawsuit in the Superior Court of the State of California, County of Alameda, Case No. 23CV037540, allegi ng a dangerous condition of public property, negligence, and premises liability claims against the City; and WHEREAS, Valiao seeks to recover money damages for medical expenses, future treatment, and emotional distress; and
WHEREAS, Buck Wild Brewing will contribute $300,000 to the settlement; 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 ATTORNEY’S OFFICE
3387303v3 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 Danielle Valiao, an individual v. City of Oakland, a public entity; Buck Wild Brewing, a business entity; Action Jackson, LLC , a business entity; and Does 1 through 50, Inclusive, Alameda Superior Court Case N o. 23CV037540, for the sum of One Hundred and Twenty-Five Thousand Dollars and Zero Cents ($125,000.00); 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 - BROWN, FIFE, GALLO, HOUST ON, JENKINS, RAMACHANDRAN, AND UNGER NOES –
ABSENT –
ABSTENTION –
A T T E S T :
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California