3452746v1/HIM
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 TIFFANY
NAULT V. MALCOLM AND ANN PLANT, AND DOES 1 THROUGH 50,
INCLUSIVE, ALAMEDA COUNTY SUPERIOR COURT CASE NO.
24CV069134, CITY ATTORNEY FILE NO. 36396, BY PAYMENT IN THE
AMOUNT OF SEVENTY-FIVE THOUSAND DOLLARS AND ZERO
CENTS ($75,000.00) (DEPARTMENT OF TRANSPORTATION –
DANGEROUS CONDITION)
WHEREAS, Plaintiff Tiffany Nault alleges that on September 23, 2022, they sustained physical injury as a result of a fall due to an uplift on the public sidewalk near 402 Hudson Street; and
WHEREAS, Nault filed suit against the adjacent property owners, Tiffany Nault v.
Malcolm and Ann Plant, and DOES 1-50, Alameda County Superior Court Case No. 24CV069134, and the adjacent property owners filed a cross-complaint against the City, alleging that the City is liable for Nault’s injuries because the sidewalk was a dangerous condition of public property; and WHEREAS, the City has considered all the evidence, litigation costs, and litigation risks in the case; 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 cross-complaint against the City in the case of Tiffany Nault v. Malcolm and Ann Plant, and DOES 1-50, Alameda County Superior Court Case No. 24CV069134, for the sum of Seventy- Five Thousand Dollars and Zero Cents ($75,000.00); 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, HOUSTON, RAMACHANDRAN, UNGER, WANG, AND
PRESIDENT JENKINS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
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