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
EMERALD RAYCHELL GILBERT V. CITY OF OAKLAND, COUNTY OF
ALAMEDA, FAMILY PATHS, INC ., AND DOES 1 TO 20, ALAMEDA COUNTY SUPERIOR COURT CASE NO. 23CV030478, CITY ATTORNEY FILE NO. 35574, IN THE SUM OF SIXTY-FIVE THOUSAND DOLLARS AND ZERO CENTS ($65,000.00), PAYABLE TO EMERALD RAYCHELL
GILBERT AND ATTORNEYS AT BAUMAN LAW, APLC (DEPARTMENT
OF TRANSPORTATION - DANGEROUS CONDITION OF PUBLIC
PROPERTY)
WHEREAS, Plaintiff Emerald Raychell Gilbert (“Gilbert”) alleges that on May 1, 2022, Gilbert tripped and fell on a sidewalk uplift caused by the roots of a City tree located on 18 th near
Martin Luther King Jr. Way; and
WHEREAS, Gilbert allegedly fractured three bones in the left ankle, incurred medical bills, and suffered pain and emotional distress; and
WHEREAS, Gilbert filed a lawsuit in the Superior Court of the State of California, County of Alameda, Case No. 23CV030478, alleging a cause of action against the City of Oakland for a dangerous condition of public property;
WHEREAS, the City has considered all the evidence, litigation costs, and litigation risks in this case; and
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 Emerald Raychell Gilbert v. City of Oakland, et al., Alameda County Superior Court Case No. 23CV030478, for the sum of Sixty-five Thousand Dollars and Zero Cents ($65,000.00); and be it
___
_______________________________________________ ___________________________________________ _
_
CICIIIIIICIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIITYTTTTTTTTTTTTTTTTYTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAATTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT ORNEY’S OFFICE
2 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, HOUSTON, KAPLAN, RAMACHANDRAN, UNGER, AND
PRESIDENT PRO TEMPORE GALLO
NOES –
ABSENT – COUNCIL PRESIDENT JENKINS (serving as Mayor pursuant to Charter Section 303)
A T T E S T :
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
3403747v1/CHO