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 SUSAN
SANCHEZ, AS SUCCESSOR IN INTEREST TO KENNETH SANCHEZ,
DECEASED V. CITY OF OAKLAND, A PUBLIC ENTITY; DOES 1
THROUGH 50, INCLUSIVE, ALAMEDA COUNTY SUPERIOR COURT
CASE NO. 23CV038366, CITY ATTORNEY FILE NO. 35641, IN THE SUM
OF ONE HUNDRED THIRTY THOUSAND DOLLARS AND ZERO CENTS
($130,000.00) (DEPARTMENT OF TRANSPORTATION – DANGEROUS
CONDITION)
WHEREAS, Plaintiff Susan Sanchez, as successor in interest to Kenneth Sanchez, alleges that on June 30, 2022, Kenneth Sanchez was traveling eastbound on West Grand Avenue near the intersection of Poplar Street when Kenneth Sa nchez encountered a pothole and was thrown from Sanchez’s motorcycle; and
WHEREAS, Kenneth Sanchez allegedly suffered physical injuries, economic damages, and pain and suffering; and
WHEREAS, Kenneth Sanchez filed a lawsuit in the Alameda County Superior Court, case No. 23CV038366, alleging a dangerous condition of public property. Following Sanchez’s passing due to unrelated causes, Susan Sanchez was substituted in as plaintiff; and 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 Sanchez v. City of Oakland, et al. , Alameda County Superior Court Case No. 23CV038366, for the sum of One Hundred Thir ty Thousand Dollars and Zero Cents ($130,000.00); and be it
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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, 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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