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 LAWSUIT OF
JACQUELINE VELASQUEZ, CARLA MENDOZA AND JONATHAN
MENDOZA CALMO, A MINOR, BY HIS GUARDIAN AD LITEM,
VICTORINA CALMO V. CITY OF OAKLAND AND DOES 1 THROUGH
100, ALAMEDA COUNTY SUPERIOR COURT CASE NO. RG18896233, CITY ATTORNEY FILE NO. 32520, BY PAYMENT IN THE AMOUNT OF
FIVE HUNDRED THOUSAND DOLLARS AND ZERO CENTS
($500,000.00) (DEPARTMENT OF TRANSPORTATION – DANGEROUS
CONDITION)
WHEREAS, on July 5, 2017 at approximately 9:00 p.m. an individual drove a vehicle into pedestrians Jacqueline Velasquez, Carla Mendoza, and Jonathan Mendoza Calmo in the crosswalk across Fruitvale Avenue at the intersection of Brookdale Avenue, leading to serious injuries to the pedestrians, including paralysis to Jonathan Mendoza Calmo; and WHEREAS, Jacqueline Velasquez, Carla Mendoza, and Jonathan Mendoza Calmo sued the City of Oakland, claiming that the inters ection was a dangerous condition of public property; and
WHEREAS, the City prevailed on its motion for summary judgment, and the case is presently before the California Court of Appeal; and
WHEREAS, the City has considered all of the evidence and litigation risk in this case, and determined that it is in t he City’s best interest to settle this lawsuit, without admitting liability or wrongdoing and to avoid further litigation; now, therefore, be it RESOLVED: That the City Attorney is authorized and directed to compromise and settle the case of Jacqueline Velasquez, Carla Mendoza, and Jonathan Mendoza Calmo, by his guardian ad litem Victorina Calmo v. City of Oakland and Does 1 through 100 , Alameda County Superior Court Case No. RG18896233, by payment to Plaintiffs of the sum of five hundred thousand dollars and zero cents ($500,000.00); and be it
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2 FURTHER RESOLVED: That the City Attorney is authorized and directed to take whatever steps may be necessary to effect said settlement.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - BROWN, FIFE, GALLO, HOUSTON, RAMACHANDRAN, UNGER, WANG AND
PRESIDENT JENKINS
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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