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HomeMy WebLinkAboutMINUTES - 01011969 - Claims 1969 Jan - May �?A' U� � L� "Ss CLAIMS FOR THE FISCAL Ree 1 YE_ 1969. T° JANUARY THROUGH RAY Ol 2 3 4 5 6 7 8 .9 T O Box N: Stored: Map t t 1 { I' x NEW FILE SET IIP COMENCING IN JUNE ----1969 W i t i t � f .4 y t 1 i t { li 4 t t j Acting District AttorjW Attn: _Ptui Baker W DATE May 27 1969 Clerk of the Board FROM, five — by SUBJECT Attached e1jalm (1) othy Lazzarini Can y advise us as to the best way in which to han e a letter of this sort, which seems possibly o be a claim against the county? R7m �IEUlt�IDAY 2 8 1969 DISTRICT ATTORNEY'S OFFICE MARTINEZ , CONTRA COSTA COUNTY, PLEASE REPLY HERt TO y� J)a n lilt �r I SIG14ED INSTRUCTOMS- FILL IN TOP PORTION, REMOVE DUPLICATE(YELLOW)AND FOR- WARD REMAINING PARTS WITH CARBONS. TO REPLY, FILL IN LOWER PORTION AND SNAP OUT CARBONS. RETAIN TRIPLICATE (PINK) AND RETURN ORIGINAL. FORM m103.- CLAIM /IGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant : Estelle Jane Herd ' Address: 1300 H Street, Apt. 10, Sacramento, California Attorney: Amount : Cannot determine ' :7. Date Filed: Stamped 'received' By delivery to Clerk Via Mr. Kenny•a May 27, 1969 secret tranami tts I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy Attached is a copy of the above claim. Is it sufficient and does it comply substantially with Government Code Sect one 9 048od 910.2? iJr DATED: May 27, 1969 W. T. PAASCH, By ro pu Y II. FROM: Office of the District Attorney TO: Clerk of Board of Supervisors Above claim complies substantially with Goverment Code Sections 910 and 910.2. Above claim FAILS to comply substantially with said Sections: ( ) Board.may not act on claim until 15 days after notice is given by this office; (4ah Do not file claim, 1 e We re ommend referral to: C� -ff it County's general insurance carrier; Other insurance carrie ; District Attorney. -- 1ph e, DATED: 03 )�14 JOHN A. NEJEDLY, By pu Y III. FROM: Clerk of Board of Supervisors TO: (1) Public Works Department, Attention Business & Services Manager (2) District Attorney, Attention Chief Civil Deputy Attached are copies of above claim which was REJECTED by the Board of Supervisors on (copy of Board Order also attached) . Please Forward claim to the County's general insurance carrier (or ) . Claimant notified of this action per Goverrn -en a c- tion 913 on , and memo thereof filed and endorsed on c a m, per vernment Code Section 29703. DATED: W. T. PAASCH, By De au y IV. FROM: 1 Public Works Department �2; Office of the District Attorney TO: Clerk of Board of Supervisors , This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement III. DATED: Public Works, By DATED: District Attorney, By Deputy DA-81:1M:4/66 i _ i r i ; �r � _•tet i �_ .. � - - -- : [. - r � � /J1/./ 1 l tom_ • • ,.�.. r _ a r" 1..g. A�► ��;Vis! JAIP 1j� 7722 o xr7"i1r4 C LVE ` �� CLERK BOARD OF SUPERVIiORIi,' ---- -----CO TRACOETA.CQ.-- -_- _---- __.____..__.__�___..____... ' y p ea�c IuL ��2.t��L �i.�.tJG� CLU.L'%'t /YT2..�. Lvrz� �,L,t.t�L � Z�-!�✓ ,G.�l Lr __._---___.__ _-_ ; G'c ; c , .:✓ . �a �i . b�i-v� �. ,� -rr? .car�O - - - It.-s-l�-t,�,��.�-y� • �_ �� -1-c.'-+�O .,G-sz-,�.r-ry.,�irz�o �-u<�fc�y. z�c�c viz4a-4- tc tct fL tZ ZZ`E��� ,lz cr9l rzIlea yr rYi2 ,u�czc-�..� ,t-,z�.L��:-}tom ,�.h..e. �-ru � .�r.� G'�-r►�..�.- L'�.-�..�.. n2 -r y{ t y Lc c lv.t- •_- o, a 4 t _ ? AOt - N—ez-W /Ys'�-y yrs[t sro C� r - ' - •___ -- _ C _.ccs n2c,t C_ -.41 _- AV ,a z r i - '9 . ?! , <ff `z -chi u � * r -- ate�----.---------___-____-_-_-_-_-------_._- C(/YZaf-,�l .At, n,z_e�,z�,L ,tom , z�•� �`"�Z' s JI fP -•—_- ._._ -i ��7�CiC _Q- C�vL�6_"Y�/L__��if—'—'-Ir�t�iLt4:-/L__�G LLLLr1. .�-�G• .�u-�' T _ _ `_ j�d•-R��(.c- �C�1�_�d,�%wJ_L _._ �, cY� � Z�-�- � ��iu.'i�C�. .G/LaG-�. m; i I i - y ' � _ s r O 'er a 1 C t •� Y r y r 2ay� w i 1 { x: CJUNTY CLMK=S.JFFIC JS CJt+f'1'12A COSTA COUNTY Inter-office Memo D"19: Kay. 22,. 1969 . A TGs Juice of the District Attorney FAQ: W. T. Paasch, Clerk SUBJBCT: Action No. 1 86 of the Superior Court of the State of California; in and for the County of Contra Costa, CHARLES R. AGAR,r vs ' Contra Costa Cable Company.*** County of Contra Costa, st al. ' #!#dr###+!*##########!ir########tk#########f#r#####�!#'A#i*iii##* •: = t Attached is copy of Svmons`- and 'Q*Wp aint-� ` is the above-entitled action: Received<,qp,� at'x., 'bow- .E %eutioadthis Attosney . 66r42!-500 fare 8.4 3 7•-.27--� _ 1 CJUNrY CLEMB S JFFICR CONTRA COSTA COUNTY Inter-Office Memo RATS: May.21s 19619, z TOB Office of the District Attorney FROM W. T. Paasch, Clerk SOBJSCTs Action No. 114.208 of- the Superior Court of the State of California, in and for the County of Contra Costa, KEITH CAHILL vs. MOS 006TA _COUNTY,_ CONTRA COSTA COUNTY HOSPITAL, et alo are copies (2) Attached/MmmW of Amendment to int or ., Personal Injuries and Molpractise in the above-entitled action. Received cry Of above- apt lhis- • 6 diyOf_ Y - l 1 `tor 66-12-500 Pars 8.4 .0 S'- ,;2 '7-�� NOTICE OF INSUFFICIENCY Ii'o: Stmley K. Dodson, Esq. no: Clam or 1ya1M 1ohns" 260 East 10th St. - Pittsburg, California You Will Please Take Notice as follows: The claim presented by you to the County of Contra Costa fails to comply substantially with the requirements of California Government- Code Sections 910 and 910.2 or is otherwise insufficient for the reasons checked below. Y 1. Said claim fails to state a cause of action against the County of Contra Costa or any employee thereof. �X 2. Said claim was not presented within the time limits prescribed in California Government Code Section 911.2. 3. Said claim fails to state the name and post office address of the claimant. 4. Said claim fails to state the post office address to 'which the person presenting the claim desires notices to be sent. 5. Said claim fails to stati the date, place or other-circum- stances of the occurrence or transaction which gave rise to the claim asserted. 6. Said claim fails to state the name or names of the public employee or employees causing the injury, damage, or loss, if known. 7. Said claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage, or loss so far as known, or the basis of computation of the amount claimed. 8. Said claim is not signed by the claimant or by some person on his behalf. 9. Other: JOHN B. CLAUMN �Ai-I4. DLY m wl 3 i"i9 Acting District Attorney W. T. PAASCH CLERK BOARD OF SUPERVISORS CO RA COSTA CO. By sy wv�� M:pkDeputy -District Attorney CERTIFICATE OF SERVICE BY MAIL (C.C.P. 1012, 1013a, 1963(2-41—, 2015.5) I_ certify that my business address is the District. Attorne 's Office of Contra Costa County, County Court House, P. 0. Box 670 Martinez, California, and I am a citizen of the United States, over 18 years of age, employed in the County of Contra Costa, and not a party to the within action; I served a true copy of the within Notice of Insufficiency by placing said copy in an envelope($) addressed as designated above, which is/arr place(pi) having delivery service by U.S. Mail, which envelope(!)' was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the United States Mail at Martinez, Contra Costa County, California; I certify under penalty of perjury that the foregoing is true and correct. Dated: May 23, 1969 at Martinez, California. /s/ Patrisia tNlss cc: ,*"Clerk of Board of Supervisors Public Works Denartment DA-82:250:3/68 CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements. Claimant : Maxine Schuette Address : 918 West Seventh Street, Antioch, California Attorney: Stanley K. Dodson, Attorney, 260 East Tenth Street, Pittsburg, California Amount : $1059000 Date Filed: Play 19, 1969 By delivery to Clerk By mail, postmarked postmark il-re-izible CPr .i fi _d mail A=fl I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy Attached is a copy of the above claim. Is it sufficient and does it comply substantially with Government Code Sect ons 9 0 a 910.2? fci� DATED: hg pod l q(,q W. T. PAASCH, By Lopurly II. FROM: Office of the District Attorney TO: Clerk of Board of Supervisors Above claim complies substantially with Government Code Sections 910 and 910.2. X Above claim FAILS to comply substantially with said Sections: ( ) Board. may not act on claim until 15 days after notice is given by this office; ( Do not file claim, time limits have expired. _X We recommend referral to: County's general insurance carrier; Other insurance carrier; District Attorney. DATED: JOHN A. NEJEDLY, By pY III. FROM: Clerk of Board of Supervisors TO: (1) Public Works Department, Attention Business & Services Manager (2) District Attorney, Attention Chief Civil Deputy NOT ACTED ON Attached are copies of above claim which was by the Board of Supervisors on (copy of Board Order also attached) . Please forward claim to the County's general insurance carrier (or ) . Claimant notified of this action per Governmen a c- tion 913 on , and memo thereof filed and endorsed on claim, per Government Code Section 29703. DATED: May 26 196c) W. T. PAASCH, By IV. FROM: Public Works Department jlj 2Office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement III. DATED: Public Works, By DATED: District Attorney, By pu Y DA-81:1M:4/66 FILED `AAY 191969 V. T. AASCH CiE a OF SUP 180Rs COST B WpYty Claim of MAXINE SCHUETTE, ) CLAIM FOR P$RSONAL INJURIES' Claimant, ) (Government Code §910) ) VS. ) COUNTY OF CONTRA COSTA. ) ) TO: THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA YOU ARE HEREBY NOTIFIED that MAXINE SCHUETTE# whose address is 918 West Seventh Street, Antioch, California, claims damages from the County of Contra Costa in the amount, computed as of the date of presentation of this claim, of $105,000.00. This claim is based on personal injuries sustained by claimant on or about November 23, 1967, through November 30, 1967, at the Contra Costa County Hospital, Martinez,. California, under the following circumstances: The claimant was admitted to said hospital on or about November 23, 1967, .for observation and treatment for serious injuries received in an automobile accident on said date. That among the injuries suffered by claimant in said accident were severe fractures and lacerations to the left side of her face. While at said facility, surgery was performed by one or more physicians and surgeons, whose names are unknown to claimant at this time, in order to repair the fractures and lacerations to the left side of her face. That on or about February 9, 1969, claimant submitted to surgery at John Muir Memorial Hospital in walnut Creek, California, for inflamation and infection to the left side of her face, follow- ing which she was informed and believes that said inflamation and infection were caused by the failure of the physicians and surgeons at the Contra Costa County Hospital in Martinez to remove from her cheek within a reasonable period of time a "gauze pack". The injuries sustained by claimant, as far as known, , as of the date of presentation of this claim, consist of.: Chronic infection and inflamation of the left side of the face; and sinuses; collapse of the left side of the face; and gross disgigurement. The amount claimed, as of the date of presentation of this claim, is computed as follows: Damages incurred to date: Expenses for medical and hospital care $ 2,500.00 Estimated prospective hospital and medical expenses 2,500.00 General damages 100,000.00 Total amount claimed as of date of presentation of this claim . .. ..... .... $105,000.00 All notices or other communications with regard to this claim should be sent to claimant at 260 East Tenth Street, Pittsburg, California, Law Offices of Richard D. Sanders, in care of Stanley K. Dodson, Esq. Dated: May 16, 1969. IAW OFFICES D. SANDERS By: ST DSOLd Atto for Claimant -2- lit 7 Q ', C-1 CA IL w w•c O � , C.,act C O oUS loo � �'�tt► `�`' �';_xs Vii';;, ter' u K 4 i 4 is OD y ' s 1 i E J: t s 5-9-69 ' NOTE Telephoned instructions from Mr. Baker, District , Attorney's Office re attached claim: Hold until further notice--do not have Board take action to deny. The attorney has been notified of insufficiency of claim. Claim may be taken up at later date--or perhaps not at all, depending on outcome of D.A. 's dealing with attorney. per I1'r Paul Baker by DL 1 i ! E 0 t } { r i F E f X t F f t t ( ' • w r'OTICE OF INSUFFICIENCYr To: James J. Reilly, Esq. Re: Claim of ids. L. Paz Plaza Bldg. , Suite 906 Market at Polk Streets San Francisco. Ca. 94102 •'ou Will Please Take Notice as follows: The claim presented by you to the County of Contra Costa fails to comply substantially with the requirements of California Government Code Sections 910 and 910.2 or is otherwise insufficient for the reasons checked below. _ 1. Said claim fails to state a cause of action against the County of Contra Costa or any employee thereof. 2. Said claim was not presented within the time limits prescribed in California Government Code Section 911.2. 3. Said claim fails to state the name and post office address of the claimant. 4. Said claim fails to state the post office address to which the person presenting the claim desires notices to be sent. 5. Said claim fails to stata the date, place or other circum- stances of the occurrence or transaction which gave rise to the claim asserted. Y 6. Said claim fails to state the name or names of the public employee or employees causing the injury, damage, or loss, if known. 7. Said claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage, or loss so far as known, or the basis of computation of the amount claimed. 8. Said claim is not signed by the claimant or by some person on his behalf. 9. Other: RECE JOHN B. CLBUSSN, Acting %I Ay 12, 1569 District Attorney W. T. PAASCH CL MK BOARD OF SUPERVISORS PAUL Vi. BAKER oevu TRA COSTA CO. By e Deputy District Attorney Paul W. Baker, Deputy District Atty. CERTIFICATE OF SERVICE BY MAIL (C.C.P. 1012, 1O13a, 19672_2 , 2015.5) I certify that my business address is the District Attorney's Office of Contra Costa County, County Court House, P. 0. Box 670, Martinez, California, and I am a citizen of the United States, over 18 years of age, employed in the County of Contra Costa, and not a party to the within action- I served a true copy of the within Notice of Insufficiency by placing said copy in an envelope(s) addressed as designated above, which is/are place(s) having delivery service by U.S. Mail, which envelope(s) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the United States Nail at Martinez, Contra Costa County, California; I certify under penalty of perjury that the foregoing is true and correct. Dated:_ May. 9 1969 at Martinez, California. PWB: lei Betty Wheatley cc: Clerk of Board of Sunervisors Public Works Department DA-82:250:3/68 CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: William L. Ferguson Address: 2314 - 44th Avenue, San Francisco, California 94116 Attorney: James J. Re11y, Esq, Fox Plaza Building, Suite 906 Market at Polk Streets, San Francisco, California 91. 102 Amount: $350,000 Date Filed: May 8, 1969 By delivery to Clerk By mail, postmarked(date it ea b e Special Delivery..... I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy Attached is a copy of the above claim. Does it comply substan- tially with Government Code Sections 910 and 910.2? DR'I'ED: Mag 8 1969 V. T. PAASCH, By II. Dorothyni Deputy II. FROM: Office of the District Attorney TO: Clerk of Bqard of Supervisors Above claim complies substantially wit Government Code Sections 910 and 910.2. Above claim FAILS to comply substantially with said Sections; Board may not act on claim until 15 days after notice is given by this office. We recommend referral to ( ) County's general insurance carrier; ( ) insurance carrier for Buchanan Field; ( ) other insurance carrier specified below; ( ) District Attorney. ' DATED: - a- 9 JOHN A. N EJEDLY, By, Deputy III.FROH: ,clerk of Board of Supervisors TO: V ( 1) Public Works Department, Attention Business & Services Manager (2) District Attorney, Attention Chief Civil Deputy not acted on Attached are copies of above claim which was .by the Board of Supervisors on (copy of Board Order also attached) . Please forward this claim to the County' s general insurance carrier (or ) Claimant notified of this action per Government Code See- tion 913 on , and memo thereof filed and endorsed on claim, per Government Code Section 29703. DATED: W. T. PAASCH, By .� ge. �. Deputy- iv. e utIV. FROM: ( 1) Public Works Department (2) Office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement III. DATED: Public Works, By DATED: District Attorney, By Deputy NAMES J. REILLY ATTORNEY AT LAW FOX PLAZA BUILDING,SUITE 906 MARKET AT POLK STREETS - SAN FRANCISCO,CALIFORNIA 94102 TELEPHONE: 626-5400 May 7, 1969 Board of Supervisors , Contra Costa County Administration Building Martinez, California Re: FERGUSON v BAY AREA RAPID TRANSIT DISTRICT, COUNTY' OF. CONTRA COSTA ' Gentlemen: Please file the enclosed original copy of Claim and :return_ a stamped copy to this office. Thank you. X truly RECEIVED fi JAMES J. REILLY "�1.�Y g,- 1969 W. T. PAASCH. CLERK BOARD OF SUPERVISORS JJR/m jm co cosr�co. Enclosures SPECIAL DELIVERY CLAIM AGAINST THE BAY AREA RAPID TRANSIT DISTRICT AND THE COUNTIES OF ALAMEDA, CONTRA COSTA, SAN kATEO, AND SAN FRANCISCO s WILLIAM L. FERGUSON hereby presents a claim for damages against the BAY AREA RAPID TRANSIT DISTRICT of the Counties of ALAMEDA, CONTRA COSTA, SAN MATEO, and SAN FRAN- CISCO, RAN CISCO, State of California, in the sum of THREE HUNDRED FIFTY THOUSAND ($350,000.00) DOLLARS. CLAIMANT'S ADDRESS: 2314 - 44th Avenue San Francisco, Ca., 94116 DATE OF DISCOVERY: Approximately Feb. 17, 1969 I PLACE OF OCCURRENCE: Transit Compressed Air Medi- cal Center 56 Julian Street San Francisco,. California NOTICES AND DOCUMENTS should be sent to: JAMES J. REILLY, Esq. Fox Plaza Building, Suite 906 Market at Polk Streets San- Francisco, Ca. , 94102 SAID CLAIM ARISES -FROM THE FOLLOWING CIRCUMSTANCES: The TRANSIT COMPRESSED" AIR MEDICAL CENTER, its agents and employees, located in San Francisco, California, was employed and maintained at all times mentioned herein by the BAY AREA RAPID TRANSIT DISTRICT and the Counties of ALAMEDA, CONTRA COSTA, SAN MATEO, and SAN FRANCISCO, and the contractors and subcontractors employed by said BAY AREA RAPID TRANSIT DISTRICT and said Counties for the pur- pose of medically examining and treating employees, and more particularly claimant, working under compressed air conditions. in digging the tunnels for the BAY AREA RAPID TRANSIT system. On January 17, 1968, claimant, WILLIAM L. FERGUSON, while working under compressed air for the contractors, subcontractors, agents and employees of said BAY AREA RAPID FILED MAY8 - 1969 W. T. PAASCH CLERK 06ARO.OF SUPERVISORS OOiju C0 b O��If TRANSIT DISTRICT, and the Counties of ALAMEDA, CONTRA COSTA, SAN MATEO, and SAN FRANCISCO, sustained injury to his right arm and wrist when a wrench was dropped upon claimant's arm by a fellow employee. Claimant consulted said TRANSIT COM- PRESSED AIR MEDICAL CENTER for the purpose of •obtaining diagnosis and treatment of said industrial injury suffered while working under compressed air. Said TRANSIT COMPRESSED AIR MEDICAL CENTER, its agents and/or employees took x-rays of the injury after the first examination and found no damaged bones in claimant's right arm and wrist. Said TRAN- SIT COMPRESSED AIR MEDICAL CENTER, its agents and/or employees, did the took no further x-rays, norfurther treat said injury, although claimant complained to said TRANSIT COMPRESSED AIR MEDICAL CENTER, its agents and/or employees, on several occasions of pain and swelling for approximately one (1) year following claimant's said industrial accident. On February 3, 1969, claimant, WILLIAM L. FERGUSON, reinjured his right wrist while working under compressed air for the same contractors, subcontractors, agents, and employ- ees of said BAY AREA RAPID TRANSIT DISTRICT, Counties of ALAMEDA. CONTRA COSTA, SAN MATEO, and SAN FRANCISCO. Claimant again consulted said TRANSIT COMPRESSED AIR MEDICAL CENTER, its agents and/or employees, took x-rays of claimant's right wrist which indicated a deterioration of the ulna bone of the right wrist which was the proximate result of the failure of . said TRANSIT .COMPRESSED AIR MEDICAL CENTER, its ,agents and/or ' employees, to properly diagnose and treat the injury suffered. •s by claimant on January 17, 1968. Claimant, WILLIAM L. FERGUSON, had complained to employees and/or agents of said TRANSIT COMPRESSED AIR MEDICAL CENTER of swelling and pain in his right wrist during the year of 1968 and prior to the second -2- injury suffered by claimant on February 3, 1969. Said TRANSIT COMPRESSED AIR MEDICAL CENTER, its employees and/or agents, negligently failed to properly diagnose and treat the injury suffered by claimant on January -17, 1968, resulting in per- manent injury to the bones and tissues of the right wrist and arm. Said TRANSIT COMPRESSED AIR MEDICAL CENTER negli- gently failed to apply the standard of care required in the medical profession for diagnosing and treating claimant 's industrial accident of January 17, 1968, occuring under compressed air. Said. TRANSIT COMPRESSED AIR MEDICAL CENTER, its employees and/or agents, as agents and/or employees of ' said BAY AREA RAPID TRANSIT. DISTRICT, Counties of ALAMEDA, CONTRA COSTA, SAN MATEO, and SAN FRANCISCO, negligently failed to establish or require special standards and sur- veillance procedures regarding claimant's said injury of January 17, 1968, and as a proximate result of said negli- gence, claimant -suffered permanent injury to his right wrist, arm, and body. Claimant did not discover aforesaid negligence of the BAY AREA RAPID TRANSIT DISTRICT, Counties of ALAMEDA, CONTRA COSTA, SAN MATEO, and SAN' FRANCISCO, and the TRANSIT COMPRESSED AIR MEDICAL CENTER, until informed of the nature, extent and cause of said injury -by private physicians engaged by him on or about the 17th day of February, 1969. ITEMS, NATURE AND EXTENT OF DAMAGES OR INJURIES: Permanent damage to right wrist and arm, loss of wages, hospital and medical expenses, all to claimant's damage in the sum of THREE HUNDRED FIFTY THOUSAiND 0350,000.,00) DOLLARS. Dated: May 7, 1969• f � JAMES...J. ILLY Attorney fo Claimant -3- r. - Cd .V y � a O ^, oa Q ED -4 o a ri v .rt a 4 > I Ul1 s J o tit o ° r m W a m u t , < 4c x Z a � ..r a . x t i 0 1 { May 22,E 1969 i Aikens Kramer & Cummings 1160 First Western Building 1330 Broadway Oakland,, California 94612 Attention: Russell L. Barlow 1 re: Claim of Richard 0. Simpson and Patricia A. Simpson i Gentlemen: Enclosed is a certified copy of a board order adopted by the Board of Supervisors on May 200 1969, denying the claim of your above ' named clients. Very truly yours, s W. T. PAASCH, CLERIC i ! By Dorothy Lazzar »i Deputy Clerk I dl Enclosure i k z t t } a& CLAIM AGAINST CONTRA COSTA COUNTY Rout i g 4 � )0L Claimant: Richard 0. Simpson and Patricia A. Simpson MAW v 1969 Address: 9 Via Magnalena, Lafayette, California DISTIRICT 1''U-00TVS OFFICE Attorney: Russell L. Barlow of Aiken, Kramer & CwmniQ;4 A fj%C444JALI+ Western Building, XMU= 1330 Broadway, Oakland, Calif. Amount: $90,000 Date Filed: May 2, 1969 By delivery to Clerk via Public Works Department. I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy Attached is a copy of the above claim. Does it comply substan- tially with Government Code Sections 910 and 910.2? DATED: May 2, 1969 W. T. PAASCH, By Do� II. Deputy II. FROM: Office of the District Attorney T0: Clerk of Board of Supervisors Above claim complies substantially with Government Code Sections 910 and 910.2. Above claim FAILS to comply substantially with said Sections; Board may not-act on claim until 15 days after notice is given by this office. _ We recommend referral to 041 County' s general insurance carrier; ( ) insurance carrier for Buchanan Field; ( ) other insurance carrier specified below; ( ) District Attorney. DATED: 222AA4 s` JOHN A. N EJEDLY, By zl_�__ 4 d� Deputy III.FROhi: Clerk of Board of Supervisors TO: (1) Public Works Department, Attention Business & Services Manager (2) District Attorney, Attention Chief Civil Deputy Attached are copies of above claim which was REJECTED by the Board of Supervisors on iMay_2Q+ 11969 _(copy of Board Order also attached) . Please forward this claim to the County' s general insurance carrier (or ) . Claimant notified of this action per Government Code See- tion 913 on May 22, 19b9 , and memo thereof filed and endorsed on claim, per Government CodeSection 2970 DATED: riay 22, 1969 W. T. PAASCH, By Doro Deputy IV. FROM: ( 1) Public Works Department (2) Office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement III. DNTED: May 22. 1969 Public Works, By DATED: May 22, 1969 District Attorney, By S- t1 evj� Deputy 2/18/69 Please return with es tes or bills to the attention• of R. D. Broatch " TO: Contra Costa County Department of Public Works _%rtinez, California ' l C 7g C.AII AGAINST CMNTY OF CiN RA CCATA D (Government (ode. See. 910) MAY 2 1969 DATE: May 1, 19 6 9 Pu" WORKS DEPARTMENT GENMEMEN: The undersigned hereby presents the following eban against the Oounty of Gents ODsta: 1. Date of accident or oecurrenos: January 25, 1969 20 Maws and address of claimant: Richard 0. Simpson and Patricia A. Simpson, 9 Via Magnalena, Lafayette, California. 3. Description and place of the socident or occnrream: Slide damage to Calimants' real property and improvements located at 9 Via Magnalena, Lafayette, California. Claim- ants are informed and believe that said damage may have been caused by the negligence of the County. 4. Some of Oounty employees iaWved. and type, wake I numbez of equipwat if knmm: Not known. S, Describe the kind and value of damage and attach eetinstes As a result of the slide, claimants have suffered damage in the amount of $90,000. 00 to the date of presentation of this claim. The amount claimed is computed based upon the estimated decrease in the market value of claimants' property., FILED �e1A 2 - 1969 AIKEN, KRAMER & CUMMINGS W. T. PAASCH CLERK BOARD OF SUPERVISORS N COST�k CO. By Deputy �vU FGI�- B Signature Russell L. Barlow Attorneys for Calimants Claimants desire notices and information regarding this claim be sent to Aiken, Kramer & Cummings, at 1100 First Western Building, 1330 Broadway, Oakland, Calif. 94612. 'Y 1 clr p o . . r ' r. 1� ova o N ts� QD +3 o _ co W3 cr ,. - to o � ocr� d tA 4� t' O CJUNTY CLERK'S JFFICE CONTRA COSTA COUNTY Inter-office mmo DIATSs April =4, _1969 : TO's office of the District Attorney FROM& W. T. Paasch, Clerk 'SUWBCP s Action No..— of the 'Superior: Court of the State of California, in, and for the County of Contra Costa, ?HOW PITZPATRICE - as Trusloe 6-F Com MS . 030mm MIPPIMM, A33N LOCAL 16759. We M�S GENM,6 et al. ��lRtfef**fr.***+fM#t*+trt*,t***ee,tfs�'fltsltRs**�#ffts�* w*sls:!*e. - Attached is copy 7f flsdar to--show Cause and?M_atar_v -AestraininQ in ^the above-entitled action. Received cVy o: abo �i s�ez�tioirNd doa� �ts tbis: dayo� =, 1 .3 .• for: tti GRE et. Attorney 66.-Il.-50Y - ft= 9.4 -sem CJUNTY CLMK'S JFFIC 9 CJNT±iA COWA COUNTY Iater-Off ice I Amo DQsT S s ]MY '1S0 1969 TO& Office of the District Attorney =Oka W; T. Paasch.. Clerk SUW=Ts Action No. . 13993 of the Supariir Court of the State of California.- in and for: the Cr3u t �ntra -l�NT•' I?O sGj v1A17I ist�*f+tts�w�rsf**t:�atw:f��w*�s+t*sus:***ss�ss,�srs�tsfttsss•f�s ;, ;: '-: Attached is copy 7f sons andCoaplaint in Iat�plNd in the above-entitled action. Received copy of ebow mentioneds 1 !�hof: 196,9 �.-far ,thX&Ct 66-12-500 Mrs 8.4 H. DONALD FUNK .S OIVI" N SUPERVISORS AUDITOR-CONTROLLER - INTERNAL AUDIT DONALD L. BOUCHET AUDITOR-CONTROLLER OFFICE JOHN,A. AYLARD ASSISTANT AUDITOR-CONTROLLER TAX AND SPECIAL CONTRA COSTA COUNTY DISTRICT ACCOUNTING .SAM KIMOTO - FINANCE BUILDING ACCOUNTING MARTINEZ. CALIFORNIA 94553 ROY D. MEEK PURCHASING PHONE (415) 228-3000 WALTER A.SEYDEN SYSTEMS ARTHUR T. STURGESS. Play 7, 1969 DATA PROCESSING GLEN TAYLOR. Board of Supervisors Contra Costa County Administration Building Martinez, California 94553 Gentlemen: Re: Request for Legal Defense I have been served with a writ in the case of Contra Costa County Employees Association, Inc. and Miekie' Gentry, vs. H. Donald Funk as Auditor-Controller, Contra Costa County,_ No. 114686. In accordance with Goverment Code Sections 82S and. 99S, I request the County of Contra Costa to provide for my defense in said action. Very your . DONALD K Auditor-Controller HDF:mp cc: District Attorney RECEIVED :o, Y 51 199 W. T. PAASCH CLERK BOARD OF SUPERVISORS NTRA COSTA 40. B D�put COUNTY CONTRA COSTA Inter-Office Memo 0. To : Chairman James E. Moriarty, DATE April 28., 1969 Contra Costa Co. Bd. of Supervisors FROM; Walter F. Young, Sheriff-Coroner By: �r cheer, Undersheriff SUBJECT : Sandra Murphy vs. Del Masters, Does one through twenty.; Summons No. 109413 in the suit of Sandra Murphy vs. Del- Masters,,;- Does one through twenty has been served on eleven menbers. of thiar department. Their letters, asking for legal defense, are attached. Sheriff Walter F. Young and Lt. Del Masters have requested defense previously. - CC: :John B. Clausen, Act. District Attorney. RECEIVED : r PRAY 1969 W. T. P,A A 8.0 H CLeRKio RD of suPt:Ryisoes: A-COSTA CO. .`v jrl u OFFICE OF THE SHERIFF CONTRA COSTA:couvTY. WALTER F. YOUNG - MARTINEZ, CALIFORNIA _ April 24, 1969. Chairman James E. Moriarty Contra Costa. County Board of Supervisors Martinez, California Dear Chairman Moriarty: I have been named a defendant in the case of Sandra Hurphy vs. the County of Contra 'Costas,. Sherif f. Walter F. Young, Lt. Del Masters, and Does one-through.. ` twenty,. a suit for $500,000.00 for general damages, special damages in an amount to be determined, and other costs. -In accordance with the provisions of the California Government -Code, Sections 825 and.995i I request that legal defense be provided for me. Very truly yours,. CZ Sgt. Verland R. Rich hva enc. CC: John B. Clausen, Act. District Attorney Xk.ECE ICED . APSg�9ss . W. T. PAASCH CLERK 80 RD OF SUPERVISORS O RA COSI►FO. OFFICE OF THE SHERIFF CONTRA COSTA COUNTY WALTER F. YOUNG SHERIFF .: MARTMEZ. CALIFORNIA April 24, 1969 Chairman James E. Moriarty Contra Costa County Board of Supervisors Martinez, California = Dear Chairman Moriarty: I have been named a defendant in the case of, Sandra Murphy vs. the County of Contra Costa, Sheriff. Walter F. Young, Lt. Del Masters, 'and Does one through.. twenty, a suit for $500,000.00 for general damages,, special damages in an amount to be determ3nedl and other .costs. In accordance with the provisions of the California Government: Code, Sections .825 and 995:- I _ request that legal defense be provided for me. Very truly yours, Sgt. D. A. Sandy hva _ enc. CC. John B. Clausen, Act. DistrictAttorney CEIVED W. T. PAASCH CLERIC 90 0 OF SUPERVISORS 'COSTA CO. Sr 0 OFFICE OF THE SHERIFF o CONTRA COSTA COUNTY WALTER F. YOUNG _- - SHERIFF - MARTINEZ. CALIFORNIA April 24, 1969 Chairman James E. Moriarty Contra Costa County Board of Supervisors Martinez, California Dear Chairman Moriarty: I have been named a defendant in the case;of Sandra I11urphy vs. the County of Contra Costa, .Sheriff Walter F. Young, Lt. Del Masters,. and--Does one through twenty, a suit for $500,000.00 for general. damages; special damages in an amount to be determined, and other costs. In accordance with the provisions of the California Government Code, Sections 825 and 995, 1- request that legal defense be provided for me. - r . Very truly yours, Sgt. Kenne h J. Spotts hva -enc. CC:' John B. Clausen, Act. District Attorney Y ]MCEIVED APR,2f, 1969 W. T. PAASCH CLERK DOARD OF SUPERVISORS MIA COS-CA Q0. y Oeaus r OFFICE OF THE SHERIFF CONTRA COSTA COUNTY WALTER F. YOUNG -SHERIFF MARTINEZ, CALIFORNIA' April 24,' 1969 Chairman James E. Moriarty Contra Costa County Board of Supervisors " Martinez, California Dear Chairman Moriarty: I have been named a defendant in the. case of Sandra Murphy vs. the County of Contra Costa, Sheriff Walter .F. Young, Lt. Del Masters,.-and Does one through twenty, a suit for $500,000.00 for. general damages; _ special damages in an amount to be determined, and other costs. In accordance with the provisions- of -the, 't California Government Code, Sections 825 and 9959- 11.-, request that legal defense be provided for me._ Very truly yours, ?Sgt. John J. Scott hva enc. f :: CC: John B. Clausen, Act. District Attorney I%ECEI ED AFS;A61969 :4 T., P:4S C H CLERK BOARD OF SUPERVISORS RA rpS7jl CO. By Deput I OFFICE OF THE SHERIFF CONTRA COSTA COUNTY { WALTER F. YOUNG - - - SHERIFF MARTINEZ. CALIFORNIA April 24, 1969 Chairman James E. Moriarty Contra Costa County Board of Supervisors Martinez, California Dear Chairman Moriarty: I have been named a defendant in the case of Sandra Murphy vs. the County of Contra Costa.,1. Sheriff:; , Walter F. 'Young, Lt. Del Masters, and _Does' one through = twenty, a suit for $500000.00 for. "general damages, special damages in an' amount to be determined, .and other costs. In accordance with the provisions. of` the . California Government Code, Sections 825 and 995, I request that legal defense be provided for me. Very truly yours, Sgt. Gerald Cook hva _ . enc, CC: John B. Clausen, Act. •District Attorney C.E V ED APR 2g� ljsss W. T. PdA3CH' CLERK BOARD OF SUPERVISORS TRA C Ri 4 CO., OFFICE OF THE SHERIFF CONTR A COSTA COUNTY WALTER F. YOUNG • - SHERIFF µARTINEZ, CALIFORNIA April 249 1969 Chairman James E. Moriarty Contra Costa County Board of Supervisors Martinez, California . Dear Chairman Moriarty: of I have been named a def endanon �atCota�e :Sherif f of-Contra Sandra Murphy vs. the County • Walter F. Young, Lt. Del. Masters, and Does one through twenty, a suit for $ 00,000.00 for general "damages; and special damages in an amount towitri theeproovvisioInedns of the other costs. In accordance Sections 825 and 995s I California Government Code, request that legal defense be provided for me. Very truly •yours, L l: Dep. Sheriff. Hobert Do-."White f hva enc. torney Act. District At CC: John B. Clausen, �I RECEIVED I A RR,254 1969 W. T. PAASCH - 'CLERK BOAMO,OF.SUPERVISORS K A COSTA CA0., 13Y_ Deout OFFICE OF THE SHERIFF CONTRA COSTA COUNTY WALTER F. YOUNG SHERIFF - MARTINEZ. CALIFORNIA - April 24, 1969 Chairman Janes E. Moriarty Contra Costa County Board of Supervisors Martinez, California Dear Chairman Moriarty: I have been named a defendant in the case of Sandra Murphy vs. the County of Contra Costa; � Sheriff ..Walter F. Young, Lt. Del Fasters, and Does one, through twenty, a suit for $500,000-00 for'general eneral damages, special damages in an amount to be determined, and other costs. In accordance with the provisions_ of the California. Government Code, Sections .825 and 9955 -1 request that legal defense be provided for me.; Very truly yours, Dep. Sheriff Walter Fitzgerald ; hva ene. CC: John B. Clausen, Act. District Attorney IR]ECEIVED A PPLI 1969 W. T. PA-ASCH CLER�8OA O OF,SUPEp;VISORS A'CfISTA CO. By Deput r 1 I OFFICE OF THE SHERIFF CONTRA COSTA COUNTY WALTER F. YOUNG SHERIFF MARTINEZ. CALIFORNIA April 24, 1969 Chairman James E. Moriarty Contra Costa County Board of Supervisors Martinez, California Dear Chairman Moriarty: I have been named a defendant in the case of Sandra Murphy vs. the County of Contra Costa, Sheriff Walter F. Young, Lt. Del Masters, and Does one through twenty, a suit for $500,000.00 for general. damagesg. special damages in an amount to be determined, and other costs. In 'accordance with the provisions of the California Government Code, Sections 825 and 995, I request that legal defense be provided for me. Very truly yours, Dep. Sheriff Robert Lowe hva enc. CC: John B. Clausen, Act. District Attorney _ IRECEIVEI . . . 'A P'R 0 1969. W. T. PAASCH - CLERK BOA OF SUPERVISORS COSTA CO: Eiy AV- Deputy Mor OFFICE OF THE SHERIFF COl\jTRA COSTA COUNTY WALTER F. YOUNG SHERIFF MARTINEZ. CALIFORNIA April 249 1969 Chairman James E. Moriarty Contra Costa County Board of Supervisors Martinez, California Dear Chairman Moriarty: I have been named a defendant in the case. of Sandra Murphy vs. the County of Contra Costa, Sheriff Walter F. Young, Lt. Del Masters, and Does. one through twenty, a suit for $500,000.00 for general damages, special damages in an amount to be determined, and. } other costs. In accordance vlith the provisions of the, California Government Code, Sections 825 and 995t I, request that legal defense be provided for me. Very truly yours, Dep. Sheriff Nick Gallimore hva enc. CC: John B. Clausen, Act. District Attorney RECD`LVED W. T. PAASGH CLERK SO RD OF SUPERVISORS CO RA COST*^QP- F3Y DeP�t n4 1 OFFICE OF THE SHERIFF CONTRA COSTA COUNTY WALTER F. YOUNG SHERIFF MARTINEZ. CALIFORNIA April 249 1969 - Chairman James E. Moriarty Contra Costa County Board of Supervisors Martinez, California Dear Chairman Moriarty: I have been named a defendant in the case of Sandra Murphy vs. the County of Contra Costa, Sheriff Walter F. Young, Lt. Del Masters, - and Does one through twenty, a suit for $500,000.00 for general damages; special damages in an amount to be determined, and . other costs. In accordance with- the provisions of the California Government Code, Sections 825 and 995, I- request that legal defense be provided for me. ery truly, yours A Dep. Sheriff Joseph ',Giorgi hva enc. CC: John B. Clausen, Act. District Attorney RECEIVED W. T. PAASCH CLERK BO R0 OF SUPERVISORS RA COSI- A,&0- C DeV� OFFICE OF THE SHERIFF CONTRA COSTA COUNTY WALTER F. YOUNG SHERIFF - ' MARTINEZ. CALIFORNIA April 24, 1969 Chairman Janes E. Moriarty Contra Cosa County Board of Supervisors Martinez, California Dear Chairman Moriarty: I have been named a defendant in the case of Sandra Murphy vs. the County of Contra Costa, Sheriff Walter r Young, Lt. Del Masters,,- and Does one- through- twenty,, ne through-twenty, a suit for $500,000.00 for-general damages, special damages in an amount to be determined,'' and other costs. In accgrdance with the provisions of the California Government Code, Sections -825 and 995, I . request that legal defense be provided for me. e y truly yours, Dep. Sheriff Denis-L. Crow hva enc. CC: John B. Clausen, Act. District Attorney RECEIVED - ��.Fat�1969 W. PAASCH CLERK d RD OF SUPERVISORS RA COSTA CO. I-:: Deput ai( 1 _ Name.Address and Telephone No.of Attorney(s) Space Eelori for Use of Court Clerk Only 301 Central i gin':: Bu;ldim., , 1675 1.1ftlow p oael Concozd, Califon !-i- !F'522 Attorney(s)for IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF CONTRA COSTA No. 1094 13 Plaintiff(s). Vs. SUMMONS �' : r ` •:. ..'r.c: I' - - `:.. = ': .,• c . (General) DE—) C V-4-P1—VIT0211]] VIM `t - Defendants) Mll Title) TIIE PEOPLE OF THE STATE OF CALIFORNIA to the above named Defendant(s): You are directed to file with the' clerk of this court in which the above entitled action is brought a written ' pleading in response to the complaint within ten clays after the service on you of Ods sunmions,if served t.1tbin the :.hove named county, or uithin thirty days if served elsewhere(except that.if the action is against the state pursuant to Section 738.5 of the Code of Civil Procedure, within 180 daps). You are notified that unless you so file a written responsive pleading, the plaintiff(s)will take judgment for any money or damaJes demanded in the complaint, as arising upon contract, or rill apply to the court for any other relief de-. minded in the complaint. (SEAL) ' You rlay sect: the advice of kn attorney on any matter _ t connected with the.complaint or this summons. Suca, attorney should be consulted within the time limit staged In this summons for filing a viritten pleading to Ca complaint. r.=.. .. ..- W. T.�PAASC$..Clerk Dated January 6, 1969 • . - -B - -- -- -- -- Y Deputy Cle;a NOTICE TO TIIE PERSON, SERVED (Secs. 410 and 471 C.C.P.): You are hereby served in the within action_ (or proceeding)in each capacity cinceked below: Q On behalf of as a person upon whom the suinnnons and a copy of the complain:must be seared to effect service against said party under the provisions of Code of Civil Procedure Section: ❑ 411(±) (as against a domestic corporation) _ �] 411.(2) '(as c^.gaiI:SI ? fOrci?P. CJrpJration, or-non-esidelA joint sloe!: company or association, doing l,ttsi- ness in this state) .`D 411(2.1). (as a-.1hiCt a partnership or otiter unnincori:orated associatior) ❑ 411(2.2) (as against a for`i21 pariaership) Q You are also s:!rved as an hAlvicivat DAs (or on bcllali of til, perscn s ed und3: tide fict?Hous nar_;e cf DOE F U(1 : A IIc::fir• ;s ^.?'_i ^.tion C° C� C= 4 %' C.C.P. SS--C. 6f1 It rnt 3i_ :_1 SRS. -n fo:m p r u:fit-:G in!-. *r, cov.r% ?T,,d fa:ci Si:r: _ r:._. 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DiATSs May 5, 1969 To& Office of the District Attorney Maros W. T. Paasch, Clerk 8UWZCTs Action No. 114590 of the Superior- Court of the.. : State` of California, in' and for the County of' Contra C*sta, WILLIAM F. BECKETTM dA.. A ,. C. RAWSON Val STATE OF GALIPQM. '1'IDt0 A D�Aa'1liS8'P OF PUBLIC i =39 :TBE COOT OF CORM COSTA, st al. Attached is copy of 3us��a s Caenlnint in the above-entitled action. Received COPY of ...above- eantionad SIL diy of 196,2 - for the 8t= Ct= attorney :. 66-12-500 lot* 8.4 E. F. WANAKA • RICHMOND OFFICE COUNTY wssessoR OFFICE OF THE ASSESSOR Z56-24TH STREET 94004 R. O.SEATON - PHONE 233-7060 ASSISTANT ASSESSOR CONTRA COSTA COUNTY 5I3-3002 4 (l.�ONT1��LQ, PHONE 220000 - FINANCE BUILDING " MARTINEZ. CALIFORNIA 94553 May 2, 1969 RECEIVED MAY z, I 63 W. T. PAASCH CLERK BOARD OF SUPERVISORS CO RA COSTA CO. " by Depot Honorable Board of Supervisors Administration Building Martinez, California 94553 Gentlemen: In accordance with the provisions of California Government Code Sections 825 and 995, please provide legal defense for the County Assessor in the case of Lynn Walker et a1 vs E. F. Wanaka, County Assessor. Very truly yours, j E. F. WANAKA A '�! County Assessor EFW:cw Date:. May 1 , 1969 Board of Supervisorstyl ` . Contra Costa County Administration Building MAY 11969 Martinez, California 94553 Q;♦,.[.jn'� of Gentlemen. ry�.:.,� ,; 1, RE: Request for Legal Defense have been served with a claim, complaint, or writ (state which) in the case of Rebecca Dye vs. John Davis, Cecil Lendrum, Board of Supervilskor! 114562 ` In accordance with Government Code Sections 825 and 9951, .1 request the County of Contra Costa to provide for my defense in said action. Very truly yours, UNTY PROBATION OFFICER �_ DECEIVED cc: District Attorney W. T. PAASCH` CLERK BOARD OF SUhtRVIGORS C TRA CO*TA CO. 6Y D P 4� d, �� t t k �r « lAL/, I Date: May i r r Board of supervisors Contra Costa County 9 Ad-ninistration Bu_lcin9553 ASartinez, Cali:orn,a Ik; Gentlemen: 1 : Re- Request for Legal Defense k or writ complaint, t Y have been serv..d Rebecca Dt►e in the case o = (state which) 1 , Cecil 1 Lendrum, 114562 John A. Dav i s, No, Vrviit S• - 8(rsand' Government Code Sections d �- with Gove• a In accordance 1 rovi de for of Contra Costa to P ti J 995, I request the County f my defense in said action. - j "Very truly Yours, . vy t r5; }I ".. i . cit 1 � r icer ` Y ~e o+ 0 (Sig n 3to employee) a� r t District Attorney cQ. . S •C��V�ED 1 , r - r.'AN..� 1 C. V1f. T 6LK,BOARD OF SUPERVISORS � c i . T�eo u 1 ti �F y vit •.. ._. {� Cyd • f m CJUNTY CLERKIS OFFICE cati .ZA COSTA COUNTY Inter-Office naso DAT a s April-29, 1969- TO; Office of the District Attorney Fi2�is W. T. Paasch, Clerk 808JaCT s Action No. 111562 of the Superior Court of.the State of California, in and for the County of Contra Costa, REBECCA DYE, a ainorg by HELEN DYE, Ifter guarMlane em vs, JOHN A, DAVIS, County Probation Officer Ot ale Ago, / f •:(►�• t :f�t� * f*� •:� as:ems#�*s:*sss*stfi * Attached is copy of Summons, Order to Shoe Cause _ and Complaint, together with related doauoiat s in the above-entitled action. t Received copy of above mentioned s MW I 9 for Attosesey ' 66-12-500 Name,Address and Telephone No.of Attorney(s) Space Below for Use of Court Clerk Only coesA sc> r+o ►st e,IL / �9 /�69 P.O. diol[ X07 +615 RshdlllO ats+wt is s l�AS'S3 x : • 226-9710 Attorneys)for IN THE SUPERIOR COURT OF THE STA'L'E OF CALIFORNIA IN AND FOR THE COUNTY OF CONTRA COSTA • >iil3 0= ME a � by .MMM MM� .her td lit�oel,. No. 11iS3 . VS. jam A. DOW s lm aw r W. ,ilH.' DOMMM: j_` 9WIM r�liirt O!�" W* JUVORL a Sill Io[ ''dM (General) :�f .- THEOSTATE OF•CALIFORNIAto teabePOL , You=we,directed to We with the:clerk of this court in which the above entitled action is brought a written pleading;ia_response to:the- complaint within ten dW altelr timemeta a you"ec ft sem'if imyei witilia lbe ahove Maned7 county,,craw Mhiw,ddriy ftys it served•ebeallm -(except-thst,ft the action is against the state pursuant to Section 738.5 of the Code of Civil Procedure, within 180 days). Yoti: are notified ktbat�unless you so,file a written responsive pleading.-the plaintiffs)will takefjud�enC or any money:.o�r damages,xiemanded,in the:complaint, as°arising upon°contract;�orlwill appiy�to'the:court- fWaiW otkar-.iii eE.=de�, manded mthe:complamt: Pr,, _ :g ?z u K a �� 1r (SEAL) You may seek the advice of as atMrfky o� aay suffer - eoaaeeted;with:=lite=eostipiaiat�;�r,;fhi��s�eas.:S allonwyldwdd he,eoawiie -war=tltia;"410*4s6e0" in this sunlime s for f1ft a` Vnithm:pieailo t• the complaint. W. T. PAASCH, .Clerk Dated _• 29 s 1642 By R.-M. PRI�C'CA Deputy Clerk NOTICE-TO THE PERSON SERVED (Secs. 410 and 474 C.C.P.): You are hereby served in-the within action (or proceeding)in each capacity checked below- E] On behalf-of _ as wpersoir. upon whom the summons and a copy of the complaint must be served to effect service against said party under the provisions of Code of Civil Procedure Section: (] 411(1) (as against a domestic corporation) ❑ 411(2) -(as against a foreign corporation, or nonresident joint"stock"company or associition;Fdoing busi- ness in this state) 411(2.1) (as against a partnership or other unincorporated association) 0 411(2.2) (as against a foreignpartnership) - ° You are also served as an individual As(or on behalf of)the person sued under the fictitious name of A pleading is a formal allegation of a claim or defense. C.C.P. Sec. 420. Jt must be in writing, in form pursuant to rule of court, and filed with the clerk of this court, with proof of service of copy thereof on plaintiff or his attorney, accompanied with the necessary fee. (See reverie We for Proof of Ser►toe). '° Y` Form opprovtd by the Jadkiul Council of California Rev. 11.67 SUKKONS (Gene) Code Civ.Peoc.Secs.407,410,411,416.1,474;ek.. H32-7/60-251A PROOF OF SERVICE OF SUMMONS AND COMPLAINT CCP.Sea.410,410.1,411,415,574.20153.Gov't Code Sea.26721.WO,ev- I, the undersigned, hereby state: That I was, at the time of the service of the papers herein referred to ower the age of eighteen years and not a party to the within entitled action; I served the within summons by delivering to and laving with the person or persons personally,hereinafter named, a copy thereof;together4ith a copy of-the complaint therein mentioned,-at the address and on the date set forth opposite each name of said person or per- sons,in the County of State of California, to-wit: Name of Defendant Served' Street Address and City Where Served: 'Dateof Service I further state that there appeared on the copy of the summons that was served the notice or notices checked below: ❑ (CORPORATION) A notice that the person upon whom,service was made:was served.on behalt0*den ration under the provisions of Section 411 of the Code;of Civil Proeedw as:requgoed,br$ectkSA10:01--;vii Code. _(PARTNERSHIP OR OTHER UNINCORPORATED ASSOCIATION) A notice that the person upon whme service was:made was served Lon behalf of a partnership or other unincorporated-�associatioaunder-tlwtR o- ,pisioos.of Section 411 of the Code of Civil Procedure,as required bySection 4107of sai&Code }1 Q,. .(DUAL_CAPACITY) .,The notice also indicated that the person upon whom serviewwas'madavwas s�tNlhas as individual.as well as on behalf of the corporation, or partnership or other'unincorporated' �s required by.Section 410 of said Code.: p,:.(RICTiTIOUS NAME), A notice of identity endorsed on the faceof the copy of such summons as raruraiiby Section 474 of the Code of Civil Procedure. Fee foc seniice= ; Mileage $ —, Total; I declare under penalty of perjury that the foregoing is true and correct. R oecuted'on , at California (Date) (Signature of Dedaraat) --. (Ames) •If service is upon a corporation, or a partnership or other unincorporated association, state its mue sed the nave and official title of the person to whom copy of within is delivered. If service is upon a person sued under a fietitious name,state the name of the person served and the person's fictitious name. EUGENE M. SWANK 1 RALPH E. WARNER APR'2 3 JF CONTRA COSTA LEGAL SERVICES FOUNDATION � 2 431 Sixth StreetIV. T, SSC! Ca.n Richmond, California 94801 DY -,cosxA' � Cmilt Telephone: 233-9954 .z . eov?rY` 4 Attorneys for Petitioner " 5 6 8 IN TW SUPERIOR COURT OF THE STATE OF CALIlOMIA 9 IN AND FOR THIS COMITY OF CONTRA COSTA 10 11 REBECCA DYE, a minor, by HEM -DYE, ) her guardian ad litem, ) 12 Petitioner, ) 13 vs. ) No. I /*S 6 14 JOHN A. DAVIS, County Probation ) Officer for the County of Contra ) ORDER TO SBOW:-CAOSE 15 Costa; CECIL LENDRUM, Superintendent ) of the Juvenile Hall of the County ) 16 of Contra Costa; JAMES E. MORIARITY, } Chairman, THOMAS J. CALL. EDMUND ) 17 LINSCHZID* ALFRED M. DIAS, JAMES P. ) KENNY, who are the Board of ) 18 Supervisors of the County of Contra ) Costa, all in their official ) 19 capacities, } Respondents. ) 20 ) 21 TO JOHN A. DAVIS, County -Probation Officer for, the County _of Contra, Costa;CECIL LENDRUM, Superintendent of the JuveniliV Sall" of the 22 County of Contra Costa; JAMES B. MORIARITY, Chairman,,,,TRO!!]13:.J COIL EDMUND LINSCHEID, ALFRED Me DIAS, JAMES P. mmy, whoolora rs.:ot 23 the Hoard of Supervisors of Contra Costa Count•1 s 24 YOU ARE ORDERED- to appear before the above entitled-, court; in 25 the courtroom of Department No. d1-" of said court, at the: Courtho , 26 Martinez, California, on / y y , 1969, at the" rhouof 27 frr��I _.m. , then and .there to show cause, if any. you have, w#y 28� an injunction ordering you, and each of you, to refrain from- uaiAq . 29 I the facilities of the Juvenile Hall of the County of Contra Costa "to , 30 house more than twenty (20) girls and forty (40) boys_ under condi", 31 tions which deny such juveniles their right- to the due process:ot: th 32 late, and impair their health .and-safety, should not issue; and why a i1. f _ { j 1 writ of mandate commanding you, and each of you, to take all reason 2 able steps necessary to eliminate the over-population that presently ' ; 3 exists at said hall, and to provide adequate alternative-.facilities 4 for the juveniles which meet with the minim= raquisintients for 5 Juvenile Hall standards, as promulgated by the Dgpattweat'of`Youth , 6 Authority of the State of California, pursuant to Section 1760.2 of 7 the welfare and Institutions Code of the State of California, should 8 not issue. 9 This order, together with copies of petitioner's 0amplaint 10 and petition and memorandum of points and authorities shall. be 11 served on you not later than ��` 3.969. - 12 Dated: April 1969. 13 , 'u�. is 1 POO 14 Ju qo of the Supe= or-Court 15 16 17 18 19 20 21 22 23 . 24 25 26 27 28 29i 30i 31 32 2. i r r r RALPH B, 7AMER Z ' CONTRA COSTA LEGAL SEMCES FOIIA ATION 431 sixth street 3 Richmond, California 94801 Telephone.e. 233--9954 4 Attorneys for Petitioner .L'_ ILED : 5 APR.Z-8, 11Y.@ 6 IV. T.'Fi.r,2S L'"aunty cicrh 7 :CO•tit C( O.UNTY �y IN - 8 IN THIS SUPERIOR COIR OF THE STATE OF CALIFORNIA g IN ANIS FOR THE COMITY 41? CON',£TRIL COSTA 10r 11 1 REBECCA DYE, a minor, by :TELE DY3, ) her Guardian ad Litem, ) 12 Petitioner, } �Q• /-����� 13 COMMUT 3R =JOi4t u0s Am 14 JOIN .A: DAVIS, County -Probation ) ` PLTMOK PPR`iii as oN', Officer -of the County of Contra ) CZass x +Qa 15 Costa, CECIL L3NDWM., Superinteadent ) of the Juvenile ill of the.County ) 16 of Contra Costas JAMS E. MORIbRITrt j Chairman, THOMA8 .J. COLL, ROJO= ) 17 L=8CEE3Dr ALFRED M.: 3?ZAS, JAMES F. ? kMW r who are the moar'd of Super- 3 18 Visors of the County. of Conga Costa, all in their official � 19 capacities, Roaponidonts. ) , 20 ) 21 22 Petitioner respectfully allegas r 23 I, 241 Petitioner is fifteen (15) roars of age and is ; "eptly 25 detained in the pontra Costa Juvenile: Hall (hereinafter raferse d ,td 28 as juveniles hall) and has been detained` there .ime _il .7r: 1549. 27 II. 281 Petitioner com Dlains on behalf of herself and as„*j-class 291 action on behalf of all juveniles presently Or in the `fetus® tane�9 30 in Juvenile Sall_ Thera are cam on questions -of late aetd=`fack 31 ffecting the rights of petitioner and all. other juveniles reaidiug 32 n Contra Costa County, who are, or might be In the future, ditaixWd, t :. i! . I� l - 1 1 1 Juvenile Mall. These other persona are na"Wous -and is is ia<possib 2 to brinij them all before the Court. 3 III. 4 Respondent.JOIM A. DAVIS in the County Probation 0f f ic+sz for 5 Contra Costa County and is a real party in, nth st u"t to. . g Soatlonn 852 of the California Welfare and Institutions_C"O Whiat 7 charSfes him with the control and vanaga nst of Jaw"llis.Hall,. 8 IV. 91 Respondent CECIL rZHDMM is the $ups sts ► t+a Jaf 10 10( ,Uall and is a real party in Interest purwiant to SeoUoa 05A of th 11 California welfare and laostitutions Coda which platai''bist is _ham 121 of Juve-tile Hall. 13I V. 14 Respoladents JAMS S. MORIAXM F OULUM r. 'THOMS 3.` C=, 15 FbWND LINSCH-P- D, ALFRED M. DIM and JANU P .X are -s se of 16 the Tedd of Supervisors of Coatra Costa. Comty heto 17 as Board of Supervisors) and are sued. iw ihols* 18 Viers„ 19 VI. 20 Section 850 of the CaliforniaftUage and ;-jart #au Com. . 21 specifically enjoins on Respondent So o€ sup",visors the d 22 'provide s �-maiataia, at the expense of th* camty. .:�� std l! 23 bauss or plaoa for the detention of WWds and dent + aLis i'an of 24 the juvenile court and of persons alleged to aoso.witbe3r tit asiar-. -25 'diction of the juvenile e3aart. 26 V2I. 27 Section 551 of the California Wolfare aW �$tfaotl4ns Cie+ 28� provides thats 29 The ju exile hall shall not_be In connected xith any Jailor ;orison, and shall: not be c� to b►e uor 30 be treated as at penal institution. It- *hall° Ice 6*on 31f ducted in all respects a• nearly 11 AL h+oma as gasgo 32 Vill 2. 4 i 1 j Section 502 of the California Welfare and Ust#.tuO0114 c i 2 ptuvidas that: 3 The purpo" of this chapter is to seavre ,for, eaf afuar under the �cisdiction +af thi such tiara- .and jt�sml+s boast. 4 g ai4awe ' pre f oxvbly iA:bis l a*dt as will serge the spiritual, eaioliOM'a t u til s 5 t icml welfa of the r1ne�c and tlw bast: t is of the stater to terve as stern : iia `s�ttrar=s 6 gaily tlss whwsvrr poesiblit.x rta hid fssst"t# e Oustody of his parents *UIr VbM his welfare os 7 safety am prot""On of than 4Wvb3� ,Qat he e utsly sat"easded without ses094l3 8 i minor is rewpved fid is cam, ram lyr '_ate s "i'oyc hiln IMW ems.. and nisei . JWM_ ; 91 posaule tlto that q twN iii - S" 10 comtrued to out t3tsst R" 1 11, IX. 12 Petitioner aAd AU those similarly situated as* entttleet to 13 =performAoe by respondents of their said and several 4UU4W four the ; 141 l'oilowing reasons 151 (1) section 502 of the California Welfare aarL lnstitationi. 161 Code enjoins a seneral..-Aaty to assure for A wean lae= ddt 446d 17 juveniie hall haustody. Oa'K* and diisaiplin6 as aeaaly,:-as potsi��e 18 equivalent to that vhich should have been given by 4o ,were to 19 This duty is awed to the public at 1"e0# 'sib~a�tp �nrr�ile "Y., e: 20 detained in 3aysnile Haul ' 21 (2) Potitimer send all these sir las y situaitee3 ata; rom aWr 22of Contra.Costa Coanty as tbars of famailies who ars taxpatyers int 23.1 vntra.-Costa county. '24 (3) Petitimer and all those *Wlotly situated aur+ pressatly 25 r in fi3Ie fut=a may be detained in J'wmile gall. 26 a. 27 Petitioner alleges on inforwAtion and belief that the. j'aViAL e 23; 'all is, not rub ".as nearly like a. Meana as passible# as requit ed b-y 29 Sections 851 and 502 of the California Welfare and Institutions'Codes 30 that: 31 (1) ftrinci 1969 the population of the .Juvenile Btu x Vh ah 32 a8 built is 1949 to howm .sixty (60)= juveniux :has on, soay s I l ea in excess of one hundred seVenty (17Q� jmw►ii a, 1t is eAsaoup3aae for threeor- faw. tava41" to be 3 eked .up in an 8' by 14' rOM with approzi�ata2y 41 iir space. 5 (3) There am .bertha for approximately 06e 4m4rad nilea, and the remai nin9 JuVsaiias most sleep .ftth ! f Ioot. (4) These are inadequate _facilities .for searaattatt,"aaa r. activities and wpipmsat available are usually` ac stlr� bx`. m older and stronger childrenleaving tact .yrponges + &11disa wig " 3.0dothingfiodoe ll (5) That clasmx= space is COMPIOfy iscadaquat+ea"':aid . 1 8 ij.a$ st&ff is unable. to handle such.� las�gs Ii�� CIf O �d 1 a vay -that alicere for MeaniQfszl tucstl ae t.Q tette. ptaM . 14 t e toile m4 bathing facilities ase not &Iequaft tQ . ja kme the nes of peolplS that must "rase:aLat : 16 iT) The individual child's wolfass is snbso+�tatad 1 latioa in tbero is ao 3nd ctA+►1 �uic oc at via +si* l in most instance*. 19 (a) Tho xa lOiaq of the ye"Ver.. kLuWan is often .i egta�l•by 2. int tea in �cvoaa write 014er abildaaa `bho i"" "On aa+d vfii� 2 arfitascta ec of thair of nate rit?it: " 22 (9) The hall is.-,AOt_Mott TY ,ate:-Guam is that ;there ar#i 2 t incidents of bag; bite* am 04 faailitiis pr ari ` a .aa 2 ewes and blankets 0" of ton filthy _aa d twwf- 25 (10) The air space per child in the slarrpiag roaraue-it- 2 lite and dangerous When the r ago oeao�iad by t#�ita! os e 27. venilea. 28 Si. 29I petition+ar an inforn%ation-andtrelfif &4"4* that. t3o ds�t�fle z 3 1 is in facttreated as a pamil- ins"tation". exid that the 4UTSAJU 3 1 violates the nXiniam Jail StaadarW, ,as Vsoaalls at by the 3 Ate Board of Carract3.oA 3a that: 4. 1 7 1' {1} Where "Hinimvs Jail Standards" require -there,, be sauce �n slf► 2 asiz for each individual its the Jail; the faesilittlwts at '>`?�t�inl 3 all have only eight basins for a total of hP to. 105 bW&, aced only 4 our basins for a notal of up to 65 girls. 5 (a) *ren Oftnimum Jail 5tandardolm- r*Vjx*'We Aai .wfoa- 6, a ch eight individuals ,in a Jail r the facilities. at this J��tle 7 cell have only tau toilets for ug to 105bis g W uP ttt 65 girls. g (3) ire "Minim= Jail Standard** ae�q+sxf;cea the :to bn etas 10 head for each :fifteen individuals in -a jail: tha ,1#0004 11 facilities have only two showerheads for. up ` o arls� 12 (4) Wbere "Minim= Jail Standards" tequiro thii a 13 must have 500 cubic feet of air s'pwnftc.. +taazl'i.= dl►3►iainstr 14 '%0 roms in juvenile hall, which ars hags 15 to four juveniles" contain only 6;Ct a>abi,c fart bi° a Ts", 17 €� 18 California Penal Code soation 402 rsquirex tR 19 Whenever the daily-averag# of 'Acsee ..thy OQ ,pada ooafiva8 lar nay comity Qt- 2.0 be aaailsb1ii at,all tics ss ar. -lica�a a�dl 21 practicing physician for the aaitisf and traats t of all persono' confivad thereiAr 22 t etitioner alleges on iss>storxuation ax%dd belitf 23. k Licensed physician ctmstantly on the orwAsow Of this dmvsails.'';�allr .24 x1n. 25 Petitioner al2ng46,,;on infr»tnat3aa asn'1 balisf attat 26 whose= charge the �aaiai�a>Qae anti sup"viaion. of �aveaSl �3. naw . 27 eon. placed by the California Leag'ilsl.atuxe have Mile td i°4wL wl 23 i:c standards for the maintenance and oyatcaiaeaa �►f-'j +nra>�ihe: ahls 29 i a promulgated b - the Director of the Youth uthori � � tYz p��rssRvetsslt to'. 30 ' ec ion 175017 Of the California Welfare-aiad xnstitutions Codes r; as:- aid out in 6tauda�ras for. Juvenile Malls,ruhieh.has Dian .�st+rrbti 32 1, 5 i l to v0presimt Aaaly minim= reqOxements fCW the fro *GtAAW sad . 2 Of ehilftea". They have failed to amts Musa nin30aa 3 in the following vayst 4 11) They have €riled to mafatatn an activity piragsss ka 5 pa�o to the g�Cr- development and Mental and mesal �et~t]t�►#x�� 6 the detainad mestere. (2) They the fAi ed to pzvvido "ividttial +ta ; tech d help the tthild use the datentiou +ut f+ip►ve: bo-b►�t-7 -'777777 9 stead hies.elf and his probers. 10 Cl)- They hum failed to maintalw G=WtrwIUv* �L�3.tr�a�al a 11 gram activities, including a till balaia� 12 adapted to the apeoial needs and capabilities of<disturbed cri#id€,en 13 #at. 14' (4) They have Wled to maim eve -ta 15 +tom their h unuss da tian in found to be. neamsary- 16 (5) They have failed to pavwi� ;a 17 duty `art the -TuveaLle Hall or an call 24 bouts. 0 day, a+ `4i 18 19 XW. 20 Petitioner alleges that seg April.22,P 1969 r 'W- t4# sy auk 21 . "nted and that she Mae repeated a14M 4160"41"S.- 22 a41"S.22 I t , urmi le nail to smojilim is p io r a d+ s la ' ► 23 'petted demands f" "th a PhYst�tiae,� � eawaatl�: 24 eftaed each and evary Windt 25. : 26 Petitioner aue that curia thi .. 9 �wsiesd tst�t t3,.�,- 7,� I9if 27 o present she has repeatedly requested- psychQUgioal or p hlatsl.a 28� v z. }cut that suh help hags ae I" bow: 29 a period fro* Ducwbo r 2, 2368, uAtL Decca ber 4, t�114 30� titL=Sr first dr�taitaed at �o �+tll aed; again dnrt� 31 - $cd ftcamabar 2i,, 3963 to t�ovbr,�3r 194ts €. ►tit 32 i av hs)rt data irae4 at Znvmils Hall# azA "o9aia duiU t fres` 6. t - _ -". _ - -�, " ,. •pro l J'Imuary 14.: X69, to .arch '1.7., 1969 wh" pltili 2 juv4aiia nal 1. as won as during the tuw"she' hey awtt - 3 s t r petitieaer has repeatedly told ecwasel©ra pre l #.4 :e ' d"li ., 4 .an endo Ball staff that ,aha felt 000fusod and lit a �t+wi 5 sedteal help, and d"pite petit mer`s 6 COmsele", prabation officers and 3u~ilo Sall- Otaff": ham ? o^ah and every demand. g . 9 Petitioner and those sizil"Iy s#.tuatsd ari -de"ed'AlW. io of land as quara u by the F mxtaaath A1011464000t..of,:6h* +Dt*1 . 11 st&t&o C=gtituion in that. petitioner =& t " tis+���t>'1�. - 12 are-not saintained is an envirOamOnt vhfilkw." ti , taca#�, a 13 rhe oilitatitan are pocwbh, but rather 'ne:- t A 4AQ1�ia i 14 taaffed institution, '9at au fang V3tis;s It a s 15 0f a pxiacm. 16 . 17 t . A1109" on infor atfen4U14 '1144f that-.ems F 18 attarnwt aped before the board of Supervisms os Contra. 19 Cagnty on Xardh 15,f 3969, aid 44==44 ax s par t a h`: 2.0 ey of went b -l to sib i1ss an44 a t t ` . 21 her at nwTO the Board of Owwxvikv=o of the 22 .t1m. 9 existftg in muveoi Ian Ha► lIr 23 '24 At each tive beau moutionedu res ods25 , a� aegh h v* b*an able to perf O= tbAir 26 avoh ilityt a despite afore nt =" dela"x res fie 27 fade and oeutime to fail md reams to take: Sol* sti. 28, hiri the vemil a the treat t. *x the a of ,+ss at 29 813} into amplianc�e Vit* welfare Is, Utiizxsoda30 aeti e $50 Md 502, and with t& due proce" erste of Sta*as 31 . �ti�tiioo� - 32. r • I . j 21 m2aes tho relief roquest ed• Lu:this'.Pftitim..it 3 granted, Patitimer mkd the fiber of the class;xlti� i�Fhat.- tee# 4 will "bO SubJected to the eaoe $Ott of paia rsf rs : es ':.t ► n 5 cmdftimm as were the acm* AskiD9 the attar gi�+MrAt;s 637 . = 7 petit.anerf and all those a lstl� .tituttte�: b�► :`sa�ar `p3a#►� g speedy and ad2quAtO ZOOsdy at 3sM, bwoansa t re IW' 40A to,PXCTL44 9 a racy whereby these p=amz who are, xavf or will-bet., �,t� aarrat 10 in veuilh tali aan gain relief f int zaa+siYe" �icaa►s ,tit 11 est at said facility. mmey daeaj** +gill not make the" persons 12 whoU in that the Pi$ Uuailiat 3.cn WA .pe o i Aa +i ehi+�b► esff tadfloba.13 they f tb* 14 relief requexted is iraaied. 15 f :rpetitioner requests for hQXS*If 40d 1-0r,ihh Q�i X11 16 gently 4euined at or in the fut=* to be Beta lm4 ate-��rspfl�a 17 Rall the following relief 18 l PG=WUW=t iaj%mctiou Orde i +B an s aa8 ti nt., 19 e lc► `eel and a►n+cVeSsora, to rs '*ilk, x + lesria *.u,.vuu .2 e 20 gan to be occWW' by idmu fly (40 boys an 21sizls �saalta�ecsalg. 22 X21 t4 M ti= 4' VVit of %"date' "O''boft 23 in9 U120 reST,011deAtS UQ 24 (a) Prawn a gr*V , t*&Ch=*, r*I;W , 406469s 25 VI=Xes adze in mmb= t o make Juven a H&U a fit J+laee tobo�se 26 27 (b) T not t&U Any ACt M iiddA* WLU + eat 28 tinui t3 c�rcreroroardixmg now �rt".ing in xis 291 (c) To el.imimt e s r+rrti�wdiiv at t til+a fall. 30 ` (3) An oror of the court r "O t"q at lP for th* i rltate 31all eviatlim and eiininat ion of iwa*�eac iuq at �nxenila X11* 32 (4) rar its of suit h*rsiu- r 1 5 For such other relief as theCourt. daimut juot* 2 COMM COSTA SZMClZ* S by SPS P . Rar ptasse 4 Attorneys fm, I iMitio ut. 5 - 6 - 7 - 8 9 - .10' 12 r 13 14 15 16 3 am the petitioner In the ahs eatttled eacticm ;that. 1 Dawe 17 zv" the foregoiug dot mad knew the contents th I and 18 certify that the saw is tzve of any own knowledo� exaep� u t 19 matt-era which are therein stated up= my iufoxv^tUiW az' Ao1i•f s ..�tsz 20 to these "eters l believe it tom. be tne. 21 T docLw& under qty of perju&7 that,.tt* 22 arm + =*ct. 23 outed on April 25, 1369" at Ridwand califfcn�a. _24 25MIRM ....,�:,.,k ate - 26 27, 28� - 29 zo 31 32 i M, SNAIM COST& Lac" SEMCE4 Ott 3 .41 Caiifoa ��6s�1 : ; 4 tozmeyv for petitioner °APR',2 8 1,951 D: 5 W1. T.'P Aw" C"Oty C of 6 �y' cO.v rt'l co a COWNTY 8 AN 2W SUPUZOR COM OF THE g IN AM MR TM COMP" for MMM CWTA - 11I "RCCA MR, a minor,. by M&LMt AY'8. } ior Guardian ad Utemr ) 12 Patitio�ecx ) 34 -A..' ELVIS„ Coxmty Probatica } ',fftftr of the Cody of Conga ) 15 RDS Axb ay 73S the juven"s Ball of tba County 3 16 f .0 tra COstet S 8. 1 .A TY, 17 BC ID f AX&M M. D t JAM P,r wrho .auro the Board of Super- 18 uper 18 or the County of 'Cootra } �Qsltaf au In the Off itl'is 19 capacities, � ��1�p;JIIdlAt�. 20 } 21 22 X. MIT OP MUDATE IS TER, :VAOPZR 23 A. fte writ of sand he issued to l pioacve :, '24 an act which the law a as cally enjoias a' du s"w�►tin►� #sem 25 otficep trust yr station* 26 C,.C,r. $loss 27 U writ of mandate reap he issuedany.-fit; 28� bicipal tar justice court. 29 C.0#F. 1100 i 30 C. The writ of randate must be insued ,la all cases, vh4xe here 31 a Mt a plain, spe"y, aed" Adequate ae y3 in the md� tzvvr� 3221 Iav, 2t wst he issued upm the verifie - a - I -beneficially dficiall intereste 1 C.E.P. 81086 2 3 1). Power to issue the writ of mmdate is In tbo eripr ±fit,. 4 California cmatitution Article vlx $1086 5 6 E Superior Court is the appropriate place to apply fo�c a �rriti 7 of mandate in the ao=a3 case. 8 t a i"raamai Fa v eto bastiaAs p 27 V.2d 1,55 10 F• ?�da=a f s the appropriate ra"dy for tket 0-x 11 caivil right. 12 iter-- hroros s a a XA49 V. rirf.Fic ! C.A.Zd 509P 305 V*24 236 13, S v. Beard of QIsZVOt cW 011 .Paw s . 1a C.A. .. 15 H v. S rior Court 105 P.2d 975 16, 17 C. Mandanus is as extraordin=T verp.dy Ass - tea o l > 18 interior tiribunal t body, or person, to perfa n actAUh the 19 specially enjoins as a dui resulting from an oMcee, 20 San pvanacisco V. Sd torr .; .A. 316, Theme v. snriM C'OItrt- 22 T35 �C.X.2d 356j, 41-k4d 3d .220- 23 S Mandarms may be used as a class pacoeMd p , 24 Banks v. HoQsin AMMM!ri. . 120 d.K.-Id I0' 9681 25 26 11. SUBSTANTM STATE LM 27 f A. Califfornia. law demands that care of Juvenile-9 who haft been 28;removed. from the custody and ural Of their pareats be as. naacly. 29 ( like that of a home as -is passible. 30 1. Wei.fa" and Institutions Coder, 55011 31 i The purpose of this chapter is=to:sees far Bch minor under the Jnrisd#otion of:tto juvlail* o�uct 32 4 such carie and. quidance, iexably In`hi I — 2' an will serest theirituak tioak*l f ttaL.. physic. wolfaro of the Mla thw _. n sts of that atate F .to P"Borve 4144 l 2 fa f3 r tion M01 ftwer, Posa-lbU 3�t 1 OtI. tlod�* of eta only V6W us. tt �rss vas ; 3 safety asd Mteatim., tbMs p bL a+r 4 c ts3. nafegusr WithOO ABOM. -t r4AMA. , ►ta . au8 aa. flirt 5 O JWM .: 6 to aMe ? 2, werlf=e and 3.amstitutions Code, Saul 8 e. 1e 3tuii shall aot die iso. oa' q et t r 9 mW jail or.prises:, and shtu- �!: b� � batreated as. a penal inn - 0 ki. it duotecl in all "Speaft as t XIC lie 10 pwisible. 11 12 sae BOCZWO of the Ov xcrowd,inq, the Cjmtsa �s�t 13 0-wp=jj9 call is not quint ed as nearly like a .. ►ss# ies 14 if a private Iwxw of apaxtoomt a kept in the saa~t 4oadla�oas at 15 the J'Wenil-e Bull, theses c+t 3.tl.+o�cas wmad be 16 would be abated as at nuisaum 17 1. Health *VA Safety Cede, 516051 t 18. In ovary amt in &a 4w4rt"at. a> t leaas�c a 19 W44=0 -feet of Superficial door. ars�ea, a> req ,shall ak►tain� . hales thaw ; aattcsr r 2.0 feet of S%ifverficfal t1*01ac ax". - 21 2. Health avA Wety Cate, : 22 Each est. ram 1a an hQt*I AA taia, 3i*,trhan uinety square feet of f axia". area« " 23 the su"cf# Si floor Or",U, hi. =� bar amt ��ia �Zan. .a+n�aa►t� .tqu� a feet �;� - . '24 Via# aglaced gt+rata �riaa4vr-.are, roams is not 2a fltaa iia 25a It,is Wt sC6ti oac . aigai `f~ar°spay by mate thaa CAM Vsitate. 26 3. U at3th and Safety CO"r ow; 27 ' Izaery r in.am agart"at thsn �rtaaEi{ss 28 in heights car is an hGt�I �t a if hi t of of leaf thaat eight-feet -xi 291 b .fj"r to the finishod : room requixed to -ham a XUAMMas iQ#aal.3lcam" + C+ � 301 the Mbit #L VAMUSt 8hau Aet; be. , h A Ii -a ' *10,; sir coateet acmputAd an tha basis AL niw�aoa 31 .ls nq 2eetght p zasax=9d fr _tb* .finish _`frF tO the finished cling. 32 i i i I t 1 4. Health and satiety Com, 5917705, 177061 §17705: Any rom which was in existence am-A"ust 17e 2 1913, and vMch is f or is designed iat to b•, 3 c COWied for s1s>epi% purposes by but +wee_Pecs=" shall contain not less than five hundxod iia foot 4 of air space Zt is unlawful to use or pszait arA then 5 pe:SOD to use fl*r $1467, parpoetes any rOM cav- atructod after Augct 1923, that does not C"t43a 6 at least six hundred and thirty cubic f et of air space. 7 513706; ?f any rot Is occupied by mote than two 8 pe3raona, the xinimm required a bio air space of for rem shall be inE mmed by licit Uws � lE1v h g bio feet forsaeh eco is OXoss* ot:"taro fihat the romis design", built, intmAed -to or ,dares.. 10 aCc of for sleepier purposes. 11 f 5. Health and Safety Cie, 5179131 121 The grovi.sims of former Put 1 (commucing ,pith I 915000) Of this division, as the lxilt6d. an 8 15, 1961: shall c mtinue to go mm the ereertAca sea 13 construction of buildings and st: wkich_ham* 14 been a mstructed or the c mstrectim of whi4* bas been COWAnced or been &pprovmd prior to U ptember_ 15 1961f nobdthetanding the rep.al of that gazt. 16 6_ 24 C.A.C. 713.011 713-09(g) ; 713.09(n) l 17 713.01 For the pines of _tbase Vegulations. Group g aocupanaies shall be SOWS, apartmat hoHsms, 18 ladgin; howma 19 713.09(g) Eruy dwelling unit shall hari at lmifi one (i) rom which shall haw mt 1W4 lhais oos bw' W ad 20 qty scUaze foot (120 sqj ft.) of superficial f1jim area. tv"y row which is esi� iar b " h 21 living or both liv aad sla�ia�+Y:�tf shall:#a�►s- net Leas teas: bead fiftg- t+ + 22 of superf ieia.l f boar area,. testy -V*m U for sleeping puss" shall have cot less T . 273 *qua" feet (90 "sg.ft.),where zare than two (2) knus '24 s leepiuq purpm4w, the rid superfteial 91OW'W" sh&11 be f wxea sed at the rate at fifty a ates�t 25 (50 sq.ft.) for eoch oft_ ias mss Of- -two 12) 3rery kitchen shall have not* mss -than fifty Sgnast 26 feet (50 sg.ftj of superficisl'floor arsr, 27 713..09tut Eve" habitable -rte ithall hay►+► ah :�gt'9at+ window azva mal to not less time. ane--eighth 281 of the floor area., or twelve square feet (12 sg,int.) , whichever is greater. 291 t 7, 24 C.A.C. 714.'011 714.09; 30 1 714.til for the purposes of these requlatia is Group 1 31 i ncccupaiaclss shall bet Dvallings. 3211 714.04 (see 5713.09) . 1 4. ii i 1 S. 8 C.A.C+ 17001; 173 .41 17323.2 2 27003(a) PMWI"Mt to the Roal am- ga�`,�- code Divisiba 13, Part 1.St 517P56 t ., 3 a -tfi cle. Apply to the aroction{ .a'ansu-to", failg - MtX i(mversim s alt`ratlaft Z r r �MfaQ1►�1 F 4 .NPA .kt easzitai, eeatilat3en aAd I h+ptl 5 t ho"** ^►W 8w 11 i4s r + <tbs eof in all pmt of t A :tato„ g W The provisions of toil .arti ,UtIng to. erection at am-truction 'hall lY` Z ge Whore saa�i eJaotiQU or 4&—I 7 en , s ems' o or eft the eftOALVe date v� ►Sae, "..' ; g (c) provisims of. this Acle : st# ttf to use., mainteamaefe pa •.hall,:.apply 9 to all btildinqu or portio tbareof apg�c�nie#::�or construction or emst rusted hers *;V: sf , 10 offeotive date of thiW artiolle. 'v (d) fto provisims of.:ti�. t»al � �ntsta�at� 11 Cic q* Title, a.- empter 94 ,Artiali aparta!>haroses, hetels� and +�r�llis s 12 the effective da to of this artintl� in subsectl=w (b) and (o) .ef thja atio , 13 37314 (Sam as 713.05(S) x ffgta1 14 17321 (Sam& as ina09(n}, � 15 9, 24 C,Z-...C, 15,1 8 C.A.C. 17200065 (Thosep ow"ivy a', 16 identical. 17 bmixamm imlWas 4 AW public nuisance knooU at gps. last 18 AM equity jurfspEcnvr►,. (b) tavet is 40 19 _Aftriva.utal. to hte+e ih�. c) *vercgra 20 #d) In jmMaJAmt V"Ik" haliau a tf�n. uzisa>i#,t:ry Odra oar'<pli.n�" 21 Raaf tf+e�s� {f t3nss 22 V) whate"Je X43148" :airy .fcro�d, so" orstsaata tites h e - _ an 23 beings. 24 C. A jail could =t be lawfu.Uy ahaintaizeei# under h* oondit£ 25 proomt at Contra costa Count, venile Hall. 26 1. ftsau=t a,Venco", $4015, 27 +C et 64590 caoonda the County Healthofficer to ias .. � a21 patine 28 f ilftiaes and judo thm 40owding to U* D#ihiesa m �a 1 It 291an a�stabliahed by the State � Qf c�ection-V Thews 30 i req re that there be 31 (a) Mw w"h basin for eat e#,.ght ihdivid in ,a l . 32 (b} One showerhead dor each 15 people iii: a .is-on 4 3 ' We test 500 � . 2ode` # vjail :: 3 bOQr F 4saus. , ' # Ml� t ttko 6x " 7 bus Coma Ot { t . � 9 as,4 ' swcv 10 ' 11 ,} 2% � i + .3.O 14 bus f + y 15 a*33 16 :� IIA gip$ COO , Cr; 18srA c�' .: 9 2141 'fare'. ' . 25 + OSVre ' r NO 26' toCOCA tug a eve 00 SOX %jot" OA ' ► 9 wave 51, rift s , 1 �!S• i `t 1 1 (4) 1axuff3 c;ent 01"Sr9M app; 1 i (ie) 1asuff icient facilities #or.exe ratme aad 21 recrtioa. g Gortra Costa County,Grand Just Final Sl, ttbi 4 " see also 1967 AM.Ual Heptwt on the Coata`a cost* txa 5 li by the Sealth Department of Ccmtra'+grata CouPty+ 6 � F�.1C �t HU SM DEUM ?SUB PROMS gY° ' P or 7 DtTah—EXON M a'ACL1TIW MICH mQ NOT -PROVnM TIMATMT FOR H 8 J'avanne coact prweedings axe not crisinalr, 4Zn re �113.iaa, 9 26 C ..2d, 860,r 161 P.2d 7936 r* rlotaws,`,47 10 US i ftpple V. Dotafte. 46 CaUd 991# 2994.2d 075 �a � Jta�alyda: 2id 37, 391 380 Cal.%t tr. 40S11In, are l4a � . lio C.�►.�td 9�" 12 42 `V x.24 3621 in re, Ah Feer. 51 Ca1,.280) 395", 13SA F 53 Ca1,Rptar. 884; In re ,2EadleX 358 A*C#A. 33 .'this 3.s e 141 ven 3n casas W,'Un-$ a eriMinAl ch&rg* is POAUUT,Ant +e a�at i�ac 15 =t. (pEMLIO ._.s s_ va l gn rt'2"tra., 3.43 .C F!A,w:4QZ- 16 3tRtr. 459 17 A Juvaax.le Court proceecung is in the Mature- of, A- a:rdiam� ip 18 (-Xu ra Schubert, 153 C.A.2d 1.38, 141; 3131 P..2d $01 in;rrhfah 19 state,, represented by the JUvaniIG Court and than. pri6batical"oftio"r. 2.0 twids in loco to tam minor« i1n arc PloMa114ea , 21 a main prose sof this 4uvenil+s Coir t APt is j t0 r,P� r 22 e amd Custody of (ftildren o nave shOM',# of lsok: of 23cam are likely to develop eri miaal tes&mcias-, iA. arld" .to ham. tji` '2A ained to good habits am ca=ac t 25 7 415, 188 Pao. 303? and the �r#aasa ,ce�lr�i�s��aaa� iia P� 26 #s to dare a a inar a ward- of the'JuiU Court-lad #fie` 27_ . M3N�Z a Wolfe ra 1►�ra e, �u rad, "28 the pt oag in V.at� is a puniobMnt fot" offs a ►si but i 29 I qtr nation and training of the child to habits a irld istxy, wM it; i 30 view of his ftt=s Usa tlness when he shall hays bees -_vw1Ato 31 eciety., or ahs.0 have attaIned his majority, Uving, leen .abandcas l i 32 y bin parents, the State, as "a' sue die to his 7. t 1 cscmtrol and atands in loco "tis to hita. 'ate re0*41"..A"as % 2 upon him by public authority is in its nature and . 06-:1 3 which t muder othar conditions is hAkbitnallg !u sed ► 4 guardians of the pe"Onand otherseaaraistg sn�r��ris#ca 5 cmtrol ovr= the caa du t of those who are by reg"C a.oft ON* or QtIv*rWiso, incapable of proverly +paetane+ili .r`tlsw a�,t i tf 7 s. .r a g judicial proceedings which are founded u vea the rat3+�sM►�e1r tett 9 the who .are detained will be .afforded trNr►twnt aces ivo 1#k ; r 10 at=mt is note in facts provided. 11 451, the cow held that -a peracn iavolw�taril�r oo�aitt�_tRa` a 12 meat hospital �e big acquitted of an, o . i ssM�. 13 insanity was entitled to r*litf upon *bows" mat`rte xis 14 receives reasonably smita3bl* and adequate' stated that .yt 15 the purpo" of in lnatasy hosvit+alisati is tYes�ls t '.s ':pun► l�h- H'; 16 Wit$ that the provision for aoaeeitme t rirsts Upon.. e e 17 *ne". laity cr treatnent of the =ntol condition Vbiah lid to-'Aho , 18 xes3ai.ttal by reason of ius"itY"r And that:90eati44i 19 p ale suitablo and ad is troatmmt Cam t. bea astl. ieslr; ..laa 20 0# staf f ar f aciliti+etst tsi.liaxd v. capticrpas r 377x.2 S v, ,loliowd 21 ase u. Casae rm, sugEar 1st the cast tit #OA b tpit#Iis+a&,.ops et 7 22 ac sexuja psychopath acct station that the Aaw Was. �astl fly ei lY 23 ♦ .tktoovy of therapeutic treatta"t. see also;-D*6CII Y4, li ' 393- '24 FOR44 3M was= r. iat t of t�gc dt+i tllr... 4 P 2rJ 233 Z.x..28 913; in re Simmoo R 381 P.2d ,12ii t 2to�disg that;sire 26 peti.tionw who had been found by the mile c4art to bwbabitua�2ly r,. 27 b"md the a aural of his mother and, 1631W ;r:28 3aogieal and/or psychitetrio help tor met, has pe talar Via, it� 29 a Claim that he was rocaeiving no treataesnt xheet+�ster a asssbsCantial 30 Complaint esaMnv for app"Pr :'issq»# :xas p el t # aarsoll r. Af 31 348 F.2d 64; Crook v. Stgeas>t 379 F.2d 10de' `hole! . that 32 where a child who is in the custody of the auv nil. dami?t AMW i3. I 1 final disposition of his case alleges a need for: treatMent .rhiah. is 2 not beixsp %rni heal the Juwa It Court cant retu". tsar:orwsi r 3 `the matter at all on the ground of lack of �jurtsdiatstaa; 4 Read, 231 F.2d 7801 and White v. Raid, 125 !'. Stipp,01 fiT, oa,rlyicb the Court stated that "=fess the institution is one . pa sty 6 40MOSM in the individual's moral aid'physical well--bei ,: tialnsa ; 7 its facilities art intended for and adapted to 9eI"we. crass, 8 education and training rather than punishment, -less`its';anprssi 9 s tthat of a an,, not that of a raaso� guardian,, p 9 > 4ar` ai2oar iar isanies 10 clear a commitment to such institution is by reason eel,' cooita"aa,.o! 11 crime and cwt withstand an assault for- 12 or-12 aftatitutional safeguards" and that the.-twt in asuoh " 1s 13 WhOth*r the state is preses►tly exsraisinq a eaxciwble rtst=aint aia 14ssasrdian in Soou pastitntis r or rhathss thep�titiowsr is oo:►-' 15 fined an punishment for an offense. 16 See also Robins= ve California,. 374 U.S. 6600 holdiatg that 17 narcotics addiction, as at stat" involsstarily ate, 9001not 18 the face of duet proosss raquistiments, bat 1 s . asp a orlma f -ate. 19 Ln se Gault" 387 Q.S. footnote No. 30, dealing .wlth hi : reat� 20 t phis of Juvenile Coast Procedmwes. 21 The petitioner and the amrbers of h a:lass Iiais, by' dll�O�tYOo 22 been convicted of a trine. They barn been found -to. bi: in: 23 treatnsnt and, for this ,reason, We being hold . as : =: 24 ttution. The commitment psoee«lings_; mot aoeaewpaei by tb+s 25 m+as proms* requirements which necessarily �Y n ar �sfnal ps�- 26 e ::al ding. if petitioner is,# in fango not-ssoe#.�riag t�tia ti th e. 27 or daptivation of libarty has bean vitlteatt ane pst�sa o! 3apr im. 28 iolation o€ the United States Constitution and the ifo�;a` 29 Onstitution. ,3p Respactaull� sittsd, 31 CONTRA COM LEGAL Szff► "ES lOOliS1i1'7 IC 32 htto for prrtitioi�e; s• � . �'':' �, t _ ''> l ., i , F ' r; y i' y K --' rJ r• 1 i ' 4 6 � M ^�. �f f T tt_ 1r .7 2 b� .- t , S 1 "S w� - 4 4 t t Fp'S�_• Y 1 SSA•4 - W `.- .. `� ." , t 1�� _ �t �y J h y r' s+ ' v : ' _ - - P n �::J 4J r,. .. �.. .� 1^ IA IH _A "" aD s', e z ^ ` t ' N 0 �O K t r x �s ��- f 14' ,Q , 1 t}, • ^I, .) .� ..� sr -� .1•I rt.,i •23 D !� to '`I. rt...4 i .; T �� r e ' f F� , ZC. T j s i fi7r--:iv; M !r ', � ` yy .� •� 3 H A H v - ..� .�+ N H e+� M . as rs „► x'.Q O N 1� f �A M L t R t. .. 'm W O • r • • MI V 0 s'o -. ... ap m •. �n ; S '� n Y� O �1 O� N - x i� „� � — w -� d Y T .o as N ., .• • - • • Z t N _.> a " s . # 00► N O Q1 � ,, •.i N •- r_ -,H ., ..� ,, j = C ' = Q t = M h �z t .. N '.la1 �1 -1 Axx ✓- , 7X ,,- rc '' aY' Z Y- r G M �� Imo•' I ,� Rk- A — ^ ^ o o+ `. .O .� t 1M • • • w w t w 41.: a 2 ai :. I� u d �) 0 2 4D 1^ - d1 M CJ' � O O� �: �O �Q N► 4D oO C: : w O, r i s� d Q _ r L, 3 N N a . *F N !h to 1� Id ' x ` Q► 0% Q� Q� a► v1 xfi;. �'. 5 ..� c --� a. ._> -. - �g X a Y rt v - .. _ - t„ r r ti . iry tf -�_ ... --.-. _ _ —. _ _ _ m r S _ -: . . . . . - - . .. _ :.y,. ,. _ - .. :, .. t _ j...- -.a. 5�- 1 A . .' , � v. +aY.- . F _ -t- c # rte. i Y. tsT �7i,Ez'.il kr Ke£ -.,`7•r +"-"'c''�" .,a: x ,-.yk', bx •� , 4 ,� �, _' � r r s v y c , � ,� � '� 1'!,�` �t a r �' n�ga'i ;^�"....i .t;r 4 s3 I r- k� ' rs$ ,�" .t ' ,k+( +�:4 F, J ! .-L. Y" art-t t" /' t.,y rt z ,{r v rw,. ,,( _ r r<rnt f cc+r t :� r- r ` '"" '.* rr* �' �-��- t �*s- --:r, r �,.g"�r. r�ter. r�` Cry' _a,-.�*'�` 3^L�"y "t „`.i s ,x L Y f_. 4.- 9 *3 r'F i3��„" y"`"T.J c sa w o- r4- ,rc�;'�.i; v y.v�^-.?y�^_ yp', x.t r j* Cf ! < t t .-. x Ya - fid € ?= t�'t �i ,^aC' d a ��t�-1 a r .moi 2'c h ° r ,,gig �� 2c f `=�.r. �,_ _ r i,wht„ h.-"ua.f`"' t 5` }* yre ¢ -.� > .,Zx. ,kyb'*-. -y `.lsj. .'{. .�.,, v ' r �"Yfe•�'•*- ca iv4 t t� 1 �+;� ��; i., ti':', R -z - `� s- '..+ ��;tY�4 •-.�,s7,� •"'�- ��, u��Yh ����`�^' r t.v:.-Tw ::y-.. #,. +^i ��t Ar- �.a4rtP- t 1ti.' :"�esY^7' _ }}:�:.^ erv-t .`r^'Fn S.`j.r.3ES' 1... J�CY,L:�� --...-. � I �. �I � '.. ,,;. - I : -::-,,�,��-"z,� -�, :n`�-., �� ;,i � , , - . . , : - . • .. . I , s - y - - - .. , . . Juvenile Ha 1 Ma • 11 : . -_ 1 rtinez - �l 1: yS, t,` < 4: j�{[ �- f. f Y~} L fit • • R a 4f;Ab in, W. - y. .� t �, I - -* WN-04W. AW ,:7 . W , � , ,:,-, I�;- -. , - !�� 2.0 r I i.,�' , � - ,,,� ,"I,� -��' , �,:_ - , � I I- tt��.--;�:-M,�t� �V- ���� , . - W� .. , AW r, � I - . ! , -;,--,--�' ;� - "' i — - - , . �� . -j, - ,, 4,I I, " 14 " . � I ,"',-- -.�. - N.,1, ,,�-' -� ��,I— I'-- I �- ..�1-x 00` '.,..',, I qw- . . - ". - . , , � w AAW - - to" -- --�"�Z ........ — — , - 11 .`!� ,-"--,.--" ;,7. , �pm , - '-; ,.-�'T', :-�i,,�-,,�Q,.�-- ,,-'�' ,�.- , .,�i����;�,� -�",.'�', . < ... -. ...�v_: . _ Y ' '' _ ir'j J _ _ f Y I.i _ F S `'Y k _ _ t f E. 5 3� '� , t i r S- ` ) 949-1965 y - , F w ` r JUVENILr HALL POPULATION .• 1 ` , , { }� CHILDRIIV1. CHILDRFj1. D ► ' of AYERAC�E I[1BFR OF ' 1t. . CHILDti�i°PBR..::D4X ,'� k. 's • t'4 i� '� l4 i i is c �,� r J— F �� 1949 a= 9�7 930 e�324 9.49 �'=� , 195Q c1,31p 1; o .. 1,069 ,7 P53 53 ' 4 e75 I �:. Y >- 1951 2 '1527 1,533; 2 22 �, 1. 7� 75.40 - 1952 1 , W 1 �585 1,587. 27,113 t Ft ,?J; f S ,y, _ 'r a - t k %`, T,2� L X •L• r z�'7 ,� i, ,193 T 7,799 el n e 2 ` 3 �5 s N i� �[ -*,' � r s s] �`* IS, t. ,-.,� ,5I9 c r j r ;� kr i c- '77 c ' �: T 3017.14, 5 � 1p\-�: 1,7� 2T-M��.. 1 .i L� 1,. ` '. .. i-zuM J:J� 1 s ^` j S1. a 1. r3*99 Y'. S r�955 - 1 653 1.6 2 18 1. 5b sir 1956 rt. r 1.727: 1.726 31,577 86.07 ; ;-v �f• tii 1 k 95 1�7e3 1.792 b K 7� . , 3 .529 fir 1o1=•36 -;, -t -. � 1958 2079 % 2t�06 40609 liT';76 : 1959 3,906 -. 1,869 39,106 106'16 -� <' 11982 1,986 - 4 r, # 1 _ ?r 507 - 130. 46 t. 196 �2,1Q� 29-, 42,9r 9 11? 70 '` 4 `";�_ , 1962 2,302 2.236 '- C.l47,950 137:70 �. 11963 2,842 2,842 57.275- 156.95 1964 3,032 3011 58 6 Y: ,N . 57 160.26 ;111 ., x - 1965 2v914 2.956 55;293 j 151'5 f _ _ F • f ..1 A jk } J T 11 . h�b��- �� I - . _____. __ __ _ _ ___ r -. - _ g . , - ' _ _ . {. 1. ; n - . _ i . �.,:,.1-�,�..,�I.I,I-,.-���:.-I..��I��,���-I I,�I::,,�;I�1-.I-I I-I���l-i.- �.I--.1-I I.,-I..I 1I--.,�.-,:'-I':i 1.,I,��-,I.-�-',,.I1 I...-.II—�!..�.I.--II---,I''.I��t�-�I.�I.—:-I,.�..I-I�-1-��I.��II.It-����,-�.1...I-,-l.I1'.I.,-.­1I-:SI--I..-I-�1.--I,:1-1-II1.I.I:�..*�,.-.II I1j-2!i.�.11�-I...T..I,-I.�I 0,I.,II.�.��I�,�II,--��1 I.�.��I I?,. '' s ..1t.,,�_,�:,�-:,�1':,-1.-,'- 1"-:�--..--,_-�1----.-.,,-.­---,,I,7.-. --.�.,.,�-._,�-".-'1�1-.',I'-,--.:,:-.�—.--`-,- �'-:��,.,.�:4-',,L��--:,I,.,;--l--,� X ..-1.::�--,I2.��1,'�I,:����k"-I-�I.-I.�I"1:�:,.-I:I.-T!.-�-�.1�.,-.,:,,,�IJI�:'�-..�.I..-z.,:,1I.�_'��'I I�h.;I�-1".�,-,�—.,'.-,I".I-,..,-,�--.Il""-,..,,I:,�.-I�"--I;-..�,1.1.1I�-I�I....Il,�%1,-.-.,1�.1�d.1,,.1�.-I:,I.,III.'�1 I,-�-,�'.,1�...-,".,,-.i"­I��-,-..1-.,�-.:1-�.I:.,-,�1-�I,.����I�1,��.-,�.-".,I.,.-.�:.11";�1:�I�-..-*-�.'1.I-.�L'�-��..I:��,,:l�-,.:.r.�,..�I.I,�I.%�:,­-.��'.�,:-I".,,�'*,--,"":,!-i I 1;,.;-.''4"-,1-.1:�-,.'",- �1:�.'.-,-��,-.—,I,I'.ji��I',�,�_��1Ic.�-.-.1�,���o'.�."I.��'-�,��.'I"i�,II"-.f1�V--I":.�I!I-a.--.I,,I-�,I�-..1.1,�..--.I�.�1,�I 1 1-�,.:,..�.��,,.�-�.I,.,��..---.I.-�,�-�,'117.-I:1 I-�I.:,I�,��,''---I-_I,-,1.-..'I:1,-�--,-.���:.I..,:,7 I;,,.,�.--.,.111,-..1,—.-�1���,,1I 1-�-I-'.-�I1-L'....-�.;I I�II-,..I,,..,:��I--I.�.."c-J�II­I-I-I,;,�I.�..II.�.::.�.. EX!!!!11 T w X111 11^ ..�-�..`--1-,-:.....-�,,�-�-�--:II.:.�,�,'-.,�--..I II 1,I I.*I...1;�1�-.�.1 I-%-.-�'-I.I.-�,--I I..,III-.,:-,,-.I-:-.._.I,*-I­��_-�-7 I�l-�'..1I.I�.-,-..-1..*_-I n.I,.,.'1I-�1,�:b--'.I,-:��:��:-:-',.-----*-I.-"-�-I;.-,-.'.�:-..,---:-I:-I�.1,.,,-I l—.-.�-I;�..,1'I.,,�i.1-I-�-1"-�1...-..',��,�-�-�:'.,.�.-,�.-,-."`::,%�-:II,�,-.�—,,�..�-;:1.,.L--:.;,Il,.',,.-;-I`�,-.1�.:��-I--�.,�.-,�-',";'-"'-,��1,:�..�.1.�1-1:.--,--.%;—",�2,-.-�­,�1,-.�­—.:- ,.-''�.,--.I�I'-I,-�„--,-��,---'�­-:----.I,-�,.11 -, .-,-,---.,:,-�7�-,-,-.v,-,�-.�:,---..�-��,,I '-,1--;�-.�-.---;,_.,�.�--�,�.1,�,1.'.' 4 - _:, _.. . . .- - J U.,V EN' 1 :lC r �3 HA �. L ADf" i SS I n �� S, t�, ?�-1�.-%-, .,. ,. �►111.011EI�;# ,. , ” 4 0 - ct I LOftErI - �3 t i,"�54 4000 419Q 1;E, - 4000 , j ..,, 1--. • I - - - y%a; 3?S z�, 3b8a v 3500 F,. _ .. . 3500 . - .. .. - _.:.: - ...'.. ,..fir:' .. -: Y;:•'. (T L) 0 i ` Z Y. 3230 3000 032 - - 2914 ?000 2042 . z, - 2624 (. INQUENT) . , 2500 ,..-: 2493 2500 ,.,.« 2y! 1 2000 ` 2000 Soo 500 . : 431 . 421 - ' ..450 440 - . - - ,. p (tJcG CCTED) ,--*ll'::-..-:--�1�,,-4��.�,.--��,"..,;4�:�,"",t.-,.',:- 1963 . 1964 0 . _ 1965 - 1966 1967 I. . - : a EXH111IT XXIv ,. AV I ', A ,I E LA, I LY P0PUYLAT I o �I JUV- r ! ILE' !l.ALL g SH � L,TFR * CM i L"�`6N :, i g0. 504 11;4 196 - 1 70 -; $0 -166 ' 170-. I50 57 1, 160 140, 15 150 1 ;l I3o 140 :'IZO (DELINQUENT a NE6lECTEp 13A X10 - 120 ,. it 10Q `, 110 -- : . 0 . . 100 ;V - 1 3 ;;; r' 1 S i 0 "" ,s ' s7 ti {`, *'CHILORENIS- SNEITER OPENED 12/1/66 *- y VI`-,-" m -�I'.,I,---,-_-I"7,I-1.,.�.--,.�.-..�,:�.�I:,--..�,,-I-I.��r:L,,.;�-.-.o,_�I.-�,�I,I-�I,.1'-I�I I,.�.�,-,.��.',--I-..I.;-.�;������­,.,F--�--��I�.-:l,.1--,:.��I,,,,II�,;1L,.��,.�-L*-.,;,-,,.,.�"..-�� ti. .I'cI I f:-,:��,.:..I:1-.,,,� r. ', f ^� _� - t_' 22 - F . i �, x,, -, . . -- 4_- = . - 1 . I; -. - ... i. r _ _ 3e !;' I .. .:'. r.11. :. i T } a .�. r •. •+, - - 1,4 - .. .. ... . .� ,.. , _ ; . , - .: I ,,, - - - .. f` e 1. v x> ., .- - . - ti : - : , . F I �­,,� - ,:1.-, _�,. ,,�dl_ R • - _ R ee Date U .'' : O ;:: . _. . -;, r PROBATION COMMITTEE Mrs, Miriam Naylor, Chairman Mrs. M#try D. McKeown I H, R; Peterson - :: The function of this committee is to review ti}e 'operation of . the Probation Department t�hich is headed by Mr. John "! Davis, Chief Probation Officer. ., f .. to - ,,,.. .. -: e., :l. The Juvenile Probation Division includes 'Juveni�.e Hall Rodeo' Community Center Service, $oys_ Ranch, Group:'Howes1., ..Gir�s ;.Day ' Treatment Center, an the Edgar Children's' Shelter for .-neglected children. Thesel'facilities are necess,ary to properly meet .the`:basis needs .and problems encountered b "t e De This'`coamiLtee visited `thee :var '_X' h Frobi�tion . ` pertme, . , a ions facilities and were favorably impressed by the' effciency of their administration: ,, _.. - : .. ,-.Inspection of Juvenile Halt disclosed conditions which may best r �� be described"as deplorable. 4yercroWdad sloe ipg gp#rters and x: pp ,e resulting lack :of proper hggiene s aHpel�i }g. T't}is `_copdi ' tion, note b former Grand Juries, .in t 'eir ;re grts leas F; .;.Y p :, contipued unchecked, We are convinced that addi, ional space must .. _; be -provided..;" The`need is 'critical 'and -should 'be, provided for1.;at , '; , once; Count owned land is available for expansion, and means to finapce to needed facilities moat /�'M�dt , 11i e. c 1 c - .`„eQ ► 5 f 1'i v x etc ,.. At Juvenile Hall, we observad the lack of quEliftad medi1.cal per xr '' '. sonnel avai . e-during, night time hours. ,TAbile such'' per sonnel - is provided by day, the need exists thtoughQut the 24-hour -i period. F. , N,. , s t F. 11� , "z ,:vt,= clas$roaa •p�ccoe at Juvenilo Hall is 4101iff _, %.four daY o day r 1 r :'`- eeda Qf 'ch �dren ' The s0"s is f true :facilities ea rcisg Y �L and >recraatiQa. We dein iR essential that all c it be� ° ` � ` �;, I 11 i affo=ded thq-q po tuaity to keep up ` ,th their educational pur- ` , .auI.,ts and obtain a open :r Pr amount o f es�ertlse and ecrositi in: order to wMtimtain ';aie=t winds and healthp bQd-_ s '-.,.,:,f,-_-j,:,4 , ,-` '` r ., 1 i , � P ! 8 Y 4 s '.. r -.`t ;4 -€ '•1 g-_ s.y� iq+P= hs h.�t (�T„ x i ;` y f ;.. -t L Edgar �o was found to haw int : t ato�� } ` , {.,- twnstanee., eateriala Mere' kits crtiag 0 bstruct some wy luzard to health sad safety. In geaeral'� a1 Iatraton and care ; M 'of,ctiildcen pis a celleat, a `_ dmUd f ; We fou- 4 DoyR: Manch and Gisls pay Treat�q� Ce�tlsit tv�ctioeing- ` , i,r��G Wy ;: k` eo the adeaataga-�of ttie ctiildren GE >- tfl -,_,:-,, yt ti A � �>;�to have , r✓e'nc? ,`i `:y ei�.0 demist *atim, Y^•^s i 5 r -PK•Y &.,,x ii ..at F f . l ,.�t-;' ° f� 3'v satiafaclory a x _� ¢ ,,,� r ., S \ -Y ' - ii� S�. J..s. t .a We observed esceheat'results in the endeavo=s of the Jwlenile R , r Justice sad Del C Rion. Thi:wssrs `of thiel volua ` � inqueney ass�is w�, ,;,r , caa�ula�iQn a=lt 1 ;v d dicate _ �_ s *"-i b� s of r ,rA `- ,the'Juveeiile Hall Atadl Vhose effos'ts art dl=acted to�trd ' a- r °'�4- 3 % - L. .+R: i = - > >�3 6;1; , .� T 1.:�� �'{,"�.x ° ` .•-- t L ,: Y 7° •Probation _�f.,�,it T '. .'.w F. . - I - -,�,..._�-L,,",, - , ,,,��,*i":­.".:;:-*.,�f _ ! 1 . ,.A - .: .. -.-, - ._. .' _ - A - .: ,} r�u *.. t .-.TZ;i:. x It 4ifip _ :, '. :. i a!' - - .V a: - . .:. - �. - - - Y -r 9 •t ,... ,,�., .. r t. If :: Y _y , . HKALM MWARMW Lost Control Dist-riot Coban 0."RM COSTA Ot'1 M 79 6aate Morbers r�aa.ns Msu, oaut. Y� r AMOU RIPM U67 via ooao"n" LEA""" ftwliti44 am natutomm" difTiealum remains Ow moat Ion i.a: somat"m Aaeewd an, a" somml ri is atiU .any to wip three ShUOM to each el#% toot IV "a t taila 143016 Us ratio of tt oar bsMift tosilitiaa IAO SOOMPNOWl If then Msivebla. "to 1/9011 or h 4 P4 and but I dl =4 eqd4G1Wt "*a" New ob- OWN"" to be V07 aoMDtable wades the . The ttllanim awd umm om observed rdthim the toed owviae am and Owdr aeswoQti0ss tiaw90ai ritk rompawsibl* start Owdoors j I. Taaeihie mood for sddltieaal off-tl~ oUwsp plattaawa in try storage rvel to food is Pomotteme Peekstist off the door. 2. paaardaus wiring 0f trooaor door best unit a= M asttaatod by sliainating ultra violet light fist4m and oWri gp�0per Us iota paw at this point. (In dsrp troeta walk-la ). Cotter rra badly detworiorsted (oasIAW and oaddis d) and in ? meed at k. Paint peeling from portion of wall and M1lir►d above "so- wshing mashlne. 5. To amid potential book siphonage all fouaat spouts Maw kttebw air** should be fitted with ve"m bresher daviaaa. sepr.wntative womm haee been evaluated and our Public 4selth Nutritionist's resort is attaabo& Ptt rrb x f CJU Tl'Y CLERKI S JFFICS CONTRA COSTA COUNTY Inter-office iieeo DMT a:. Apri 1. 22• 1969 TO& office of the District Attorney PRO48 V. T. Paasch,' Clerk SUWBCT s Action No. 112466 of the Superior Court of the State of California, in and for- the County of Contra Costa,- RIOURD Mill. SHERFIELD, a Minor- _ vs. PITTSBURG COMMIIZIITY HOSPITAL DISTRICT, et al'., Attached is copy of Petition for Lowy-s-%p. File Suit ' and related doements. _In the above-entitled action. above= Received CJS of s awntioaed doCiieitr; this fty o Attorney.-' _ . ` f 66=12-500 labra`•84 t.: f In the Board of Supervisors of Contra Costa County, State of California April 29 19C.2- In the Mutter of Disclaimer of interest in real property in Action No. R-158629 Maxwell v. State of California, County of Contra Costa, et al. Upon recommendation of the Acting District Attorney-; IT is' BY THE BOARD ORDERED that on behalf of Contra Costa County the- Acting. District Attorney is authorized to disclaim any interest of the County in the real property that is the subject of the above-described, quiet title action. Board,The foregoing order was passed by the following vote of the AYES: Supervisors J. P. Kenny, A. M. Dias, T. J. Coll, E. A. Linscheid, J. E. Moriarty. NOES: None. ABSENT: None. hereby certify that the foregoing is a true and carred copy of an order entered on the ainutes of said Board of Supervisors an the date aforesaid. Witness my hand and the Seal of the Board of- cc: District Attorney Supervisors Qdminfs trator affixed this 29th day of April . 196 W. T. PAASCH, Clerk By Deputy Clerk Nanc em o CLAIM AGAINST CON-TRA COSTA COUNTY Routing Endorsements Claimant: William C. Judge, Jr. and Joey T. Judge Address: 109 Diablo View Road, Orinda, California Attorney: Amount: $10,000 Date Filed: April 16, 1969 By delivery to Clerk x 391n n, By mail, postmarked I. FROM: Clerk of Board of Supervisors � 1E(0::"1Z v TO: District Attorney, Attention Chief Civil Dep ' D­ lt,kl 7 1969 Attached is a copy of the above claim. Does it comply san- tially with Government Code Sections 910 and 910.21 DISTRICT TTORIVEY' OFFICE Mai DATED: .Ap=ia W. T. PAASCH, BY v CALIF. II. Deputy II. FROM: Office of the District Attorney TO: Clerk of Board of Supervisors Above claim complies substantially with Government Code Sections 910 and 910.2. Above claim FAILS to comply substantially with said Sections; Board may not act on claim until 15 days after notice is given by this office. We recommend referral to ( ) County's general insurance carrier; ( ) insurance carrier for Buchanan Field; ( ) other insurance carrier specified below; ( ) District Attorney. DATED: - Z 2 JOHN A. NEJEDLY, By� Deputy III.FROM: Clerk of Board of Supervisors TO: ( 1) Public Works Department, Attention Business & Services Manager (2) District Attorney, Attention Chief Civil Deputy Attached are copies of above claim which was REJECTED by the Board of Supervisors on April 22, 12§2 (copy of Board Order also attached) . Please forward this claim to the County" s general insurance carrier (or ) . Claimant notified of this action per Government Code See- tion 913 on April 22, 1969 , and memo thereof filed and endorsed on claim, per Government Code Section 297 3. DATED: April 22, 1969 W. T. PAASCH, By Doro s zarini Deputy IV. FROM: ( 1) Public Works Department (2) Office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement III. DATED: Anr 1 , 196 Public Works, Byd, DATED: April 220 1969 District Attorney, By 'S - r1«'10-e Deputy, ;i t 4 -4 April 22, 1969 1 Messrs. William C. Judge, Jr. and Joey T. Judge 109 Diablo View Road Orinda, Calif ornia Dear Messrs. Judge: Enclosed is a certified copy of an order adopted by the Board of Supervisors on ` the above date, denying your claim for damages which was filed in this office on April 16, 1969. Very truly yours, W. T. PAASCH, CLERK lilt B i yDorothy Lazzarini { Deputy Clerk dl Enclosure I� F !I FILED 2 APR 161969 W. T. PAA8CH 3 CLERK-MARO OF'SUpLv#M6ORS RA COSTA CO. ry pMutl► 4 5 6 7 8 BEFORE THE BOARD OF SUPERVISORS OF 9 THE COUNTY OF CONTRA COSTA 10 In the Matter of the Claim of ) CLAIM AGAINST. THE, 11 William C. Judge, Jr. and ) COUNTY OF CONTRA COSTA Joey T. Judge } FOR DAMAGES CAUSED 12 against the County of Contra Costa. ) 13 14 TO: The Board of Supervisors of the County of Contra Costae 15 You are hereby notified that WILLIAM C. JUDGE, JR. and 16 JOEY T. JUDGE, whose address is 109 Diablo View 'Road, Orinda, 17 California, claim damages from the County of Contra Costa-*nthe 18 amount of $10,000.00 as damages; and, in addition to require' the, . , 19 County of Contra Costa to correct existing defects and properly 20 maintain Road No. 2655E, also known as Diablo View Road, so -that 21 similar damages will not be incurred in the future. In support 22 of said claim, the claimants represent as follows: 23 1. That injury to claimants' property was sustained on or 24 about January 15, 1969. 25 2. The damage was to real property which is located adjacent;.' 26 to the County maintained Road No. 2655E and is known, as 109 Diablo 27 View Road, Orinda, California. 28 3. The damage was sustained by reason of an improper drainage 29 setup from a culvert across the street from 109 Diablo View Road, 30 Orinda, California. The drain pipe running beneath the road was 31 allowed to become filled with dirt and debris, thereby causing 32 -I- dt 1 the water to seek out a new course and leading to a slide which 2 took with it a portion of a fence and removed a considerable, 3 amount of dirt and underbrush. Further, excess water was allowed 4 to run from the drain pipe onto the claimants' property causing' 5 the topsoil to be washed away and creating crevices and channels 6 on the claimants' property. 7 4. Claimants allege that County officers, servants, employee 8 and agents caused this damage to their property by the negligent 9 construction, control and maintenance of the County Road No., .2655E, 10 commonly known as Diablo View Road, and more particularly, that, 11 portion of said road which is adjacent to the claimants' property -12 located at 109 Diablo View Road, Orinda, California. The names of,- ", - 13 the County officers, servants, employees, and agents causing this 14 damage are unknown to the claimants at this time. 15 5. The damages claimed were computed on the basis of ex- 16 pectant costs of labor, equipment, materials and topsoil needed to 17 return the property to its original condition and to prevent 18 further damages. 19 6. All notices or other communications with regard to this_; 20 claim should be sent to claimants at 109 Diablo .View Road, Orinda, 21 California 94563. 22 DATED: April 15, 1969. 23 ^� 24 William C. Judge, Jr, 25 26 � Joei T. dge 27 ✓ v` 28 29 30 31 32 -2- 1 STATE OF CALIFORNIA ) ss. 2 CITY AND COUNTY OF SAN FRANCISCO ) 3 WILLIAM C. JUDGE, JR. and JOEY T. JUDGE, being ;first duly 4 sworn, depose and say: 5 That they are the claimants in the foregoing claim; that they 6 have read the said claim and that the same is true of their own 7 knowledge, except as to matters therein stated on information and 8 belief, and as to those matters they elieve them to true. 9 10 Will am C. Ju ge, J 11 12 lL�, Jo T. Judge, 13 14 Subscribed and sworn to before me 15 this 15th day of April, 1969. 16 (�RRAINE MEAKINS NOTARY PUBLIC utary PuDiia 17 in and for said County a 'd r-li 0miaisco 18 COMMISSI(M EXPIRES WAY 21L 01 19 20 21 23 _24 25 26 27 28 29 30 31 32 -3- ELECTION DOMMENT - OFFICE OF THE C0c CLERK Contra Costa County .� 524 Main Street, Martinez TO: H. D. Broatch, Public Works April 24, 1969 FROM: L. E. Underwood, Election Department SVDd$CT: Uleta V. Fleecing, Injury 1 had earlier forwarded the attached letter from Firs. =lying to your office. Somehow it returned to my desk and 1 an, theretbr forwarding same to you again. The Election Department is quite concerned about, the insurance situation at our polling places. I have attached hereto- a dopy, our .polling place agreement card on which I have,underlined the statement.-which_ we ,make to the.-polling plass_wear. understanding that several years :ago there.-vas „ns' inauranae s verase !or polling places, voters and election. oltialalt. - ?Len tlw 3netable happened and a voterwas seriously injured resulting `in a ]LAW , nit: against the property-owner. l�ianT o!,our polling,place ovnsss beaus aware of.the *dt through the newspapers and` began to oar requests !or polling places. After checking with other counties in the State .it wa .'found that many had been laced with this same problem and had purchased insurance to protect polling places, voters and-olootion'.officials.” The County :then decided to obtain insurance.;oovesagoto- protect .the polling places, voters and election, oltiolals. .: sle underlined sentence on the attached card was suw'st d by'.tho District Attorney►s Office. It in my understanding, atter- talkink to: yon-on this plDe, that you Leel :that the Fleming claim should ,be sada, to.Vie. sed; Ids: lovaoek and that the County insurance should not-bdaow,&,;p y_,; to' this claim:. This was also expressed to Mrs. lleaiug, evidently.bt` the county insurance carrier and Kra. Fleming has oontacted'-Mr. aovacsk. Nr. ltovacek is understandably upset as be,--felt as.didww that the County has insurance to cover polling p1466 2,9 voters `and election officers. If our polling places are insured, then'what is the proble*'!. It our polling places. are not insured, thou %by:nott The lack of adequate insurance in this" Satter will maks it IMossible to conduct elections, because no _one rlll: rout their facilities to the County for use as a polling place. I! you Teel that we should meet to discuss this, please7R RF contaat_ss. ECEI NT' APR 2 5 1,969' W. T. 'P, ASCH CLERK B0tP.1J.0E-SUPERVISORS'. • ^ R. D. Broatch, Public Works April 249 1969 Page' 2 Your early disposition of this matter will be.:appreaiated. Please keep this Department informed in this matter. LIM b Attacbmenta s ac - County Aftinistrator Boardof Supervisors1100/ Mrs. Fleming ti -lir. NovaaeY i 4 ' � 4 r v v . i j CJUNTY CLAWIS JFFIC CON ME COSTA Coulm Inter-office Nw%,3 DTa: April-3.8. 1969 TO& Office of the District Attorney lack& W. T. Paasch, Clerk SOBJDCTa Action No.H-16890 of the Suparior Court of the = State of California, in and for the 0,xirty of Contra Costa, CITY OF EL CERRIT09 a Mwde114 Corporation V86 DONALD S. MOORE and JANE DOE MOORE, his Hire, of al• watts•�tie�tett*rt*t***s**,►�t***�t+t:�:�:*s�fis��•:�sasafl�ls Attached is copy 7f Sammons and-CamPliilnt_in E•intnti Domain in.the above-entitled action. Received gpY.ot>.abo�rr mentioeied.. this. 1�th diy i o - 1 . tos trio • ct ' Attorney. 66-12-500 Fares 8.4 E GEORGE ECTOR M.O. D.J. LUDWIG LOUIE FaIGDIRECTOR . M.O. ADMINISTRATOR CONTRA COSTA COUNTY MEDICAL SERVICES WILLIAM 0- PRESI K. M.0. ASSISTANTT DlRECI'OR DEPUTY.COMMUNITY MENTAL PITTSBURG CLINIC HOSPITAL RICHMOND, CLINIC HEALTH DIRECTOR 43 CIVIC AVE. 2500 ALHAMSRA AVE. 240.STH STREET PITT56UR0. CALIF. 94563 MARTINEZ, CALIF. 94553 RICHMOND. CALIF. 94600 TELEPHONE 439.6262 TELEPHONE 226.5600 TELEPHONE 233.7060 . April 7, 1969 J PLEASE DIRECT REPLY TO 45 Civic Avenue Pittsburg, Calif. 94565 Contra Costa County Board of Supervisors Administration Building Martinez, California 94553 Gentlemen: Please see the attached Action No. 114,151, Complaint for Medical' Malpractice between Edward Pippin, Plaintiff and the County of Contra Costa, Defendants. I received this summons on April 3, 1969. It is requested that the Board of Supervisors represent me in this natter. Sincerely, z t` CONTRA COSTA COUNTY MEDICAL SERVICES FREGeorge Degnan, M. D.Medical Director AASCN JAW fis Af an Lvr, r --,rr�� a� Wilton B. Gleffe, M. D. Staff Physician WBG:bh Enc. /f PO 7T 1 ; :r _ .� 1 a�: 1 1.i %1 I D 500 i.,? '� '3trzvt, Slot, "ll Shore BILE 2 11 C;71, OLL501 To1,phoriv: (41 moi) 521 "19K 0 MAR 281969 3 Attorney for Pl='-rt t i f z W. L FAASCII, Cbrk 4 CONTRA COSTA COUNTY Dem*I 5 FRED TRO TT 6 7 8 I : THi: SIJPERIOI -COURT OF TIRE STATE OF CALIFOi N11"'. g 'l r n ,,.y.1.`, , i K_iJ Z'OC` THE COOT ' 1•' OF CGNTi�:% C0ilT,,, 10 11 ED1j1iAn1) FTPPI_•a, ) 12 Plai n ti ff, ) 13 vs. ) NO. i 14 i1��i�.'T1 0 O_ 1:._i COST-7 L.,I Jf3 1GS LY ;C'_ i D,, .'TLL.'.RD GL .FFE, H,D� , ) COMPT.,I!NT 15 jOHN? DOC" 7 thro._n l2 )L., J_N.E DOE I ) F011, throu�Ii BL:'1CK CO. , a corpora- ) ME DIC:tL ii >r, '-; CUL 1: 16 t?o:1, ?IIIT t'.Q. , r. Ca- rtl?ers:Ia.p, ) an-1 G_:EN, CO. , an asscci arioz, ) 17 ) Dcfen-t-1ants, ) 18 ) - 19 20 Pl pintiff EDi::'li?D PIPPU cornplains or defendants, and eacl 21I of tier,?, and for cause of action alleges as follows : 22 FTRST CAUSE 01 ACTION 23 24 I 25 Plai iti.if :Toes not know the true names of the defendants 26 sued herein as 101:11.1 DOE I throucrh XX, JANE DOE I through ,Q(. 27 BLACK CO. , a corporation, :,4-flI'fE CO. , a co-partnership, and 28 LGREE_': CO. . an association, and for that reason Said defendants 29 are sued under fictitious names. Plaintiff is informed and 30 believes and t'?erefora alleees that each of said defendants 31 narticinated in the doing of the acts hereinafter alleged to have 32 been done b, the nanied defendants and, furthermore, were the IRIAN PALMpU1ST rowwtT AT LAW l - CSTREET.SOUTH SNOR - _ OA. CALIF.94501 twuwtT 1-1900 .. - 1 agents each of the other as well as being the agents of all 2 defendants na*:ed herein; that each and all of the named defendant • 3 herein were and are each the agents of all the others. 4 II 5 At all times herein mentioned, defendant COUNTY OF CONTR4 6 COSTA, owned and operated, and now operates, in a proprietary 7 capacity, a certain hospital located at or near Martinez, County 8 of Contra Costa, State of California, and knoi-m as the CONT 17-A 9 COSTA COU_?T`.'. HOSPITAL, and cared for plaintiff, acting through 10 defendants Jt-•fES LYNCH, I.I.D. and JOHN DOES I through V, who 11 were duly licensed and practicing physicians and surgeons in the 12 State of California, in the employr-,ent of defendant CONT1b% COSTA, 13 COUINTY and were, at all times herein mentioned, acting within 14 the course and scope of their employment with said defendant, as 15 its agents, servants and employees. 16 III 17 At all times herein mentioned, defendant' COUNTY OF C ONTRA 18 COSTA, owned and operated and now operates in a proprietary 19 capacity, a certain medical clinic, located at or near the 20 amity of Pittsburg, County of Contra Costa, ' State of California, 21 and kno�,n as the COUNTY CLINIC, and cared for plaintiff, acting 22 through defendants IWILLP D GLcFFE7 M.D. and JO rA DOES VI through 23 i-.7ho were duly licensed and practicing physicians and surgeons 24 in the State of California, in the employment of defendant 25 CO?;Tlt:i COST;i COUNTY and were, at all times herein mentioned, 26 acting within the course and scope of their employment with 27 said defendant, as its agents, servants and employees. 28 IV 29 At all times herein mentioned, defendants JAMES LYNCH M.D. , 30 1dILLARD GL'IEFFE. A;.D. , and JOHN DOLS I through V and JOHN DOES 31 VI through , held themtselves out to possess the skill, ability 32 and learning cor•L-non to medical. practitioners in the community CRIAN PALMOUI9T 'TUNwtT AT LAw I �] RL STREET.SOUTH SHO RE L '0^. CALIF.94SO - EtwURUT 1-1900 i l I in which they practiced their profession. 2 V 3 At all times herein mentioned, defendants JOHN DOES XI 4 through XX, inclusive, and each of them, were administrators, 5 nurses, technicians, attendants, orderlies, hospital assistants 6 and instructors who were, at all times mentioned herein, the agents, employees and servants of defendants COUNTY OF CONTRA 8 COSTA, JAMES LYNCH, M.D. , WILLARD GLEFFE, M.D. , JOHN DOES I 9 through V, JOHT DOES VI through X, inclusive, and each of them. 10 VI 11 At all times herein mentioned, defendants JANE DOES I 12 through X, inclusive, were registered nurses, duly qualified 13 as such in the State of California, were in the employment of 14 defendant CONTRA COSTA COUNTY and were at all times mentioned 15 herein, the agents, employees and servants of defendants 16 COUNTY OF CONTRA COSTA, JAMES LYNCH, M.D. , WILLARD GLEFFE,M.D. , 17 JOHN DOES I through XX, JANE DOES XI through XX, inclusive, and 18 each of them. 19 VII 20 At all times herein mentioned, defendants, JANE DOES XI 21 through XX, inclusive and each of them, were administrators, 22 nurses, technicians, attendants, orderlies, hospital assist- 23 ants and instructors who were at all times herein mentioned, 24 the agents, employees and servants of defendants COUNTY OF 25 CONTRA COSTA, JAMES LYNCH, M.D. TWILLARD GLEFFE, M.D. , JOHN DOES 26 I through XX, JANE DOES I through X, inclusive, and each of them. 27 VIII 28 At all times herein mentioned, the acts and omissions of 29 the various defendants, and each of them, concurred and contri- 30 buted to the various acts and omissions of each and all of the 31 other defendants in proximately causing the injuries and damages 32 as herein alleged. IAH PALNQUIST - 3 --Cy T uw OTpCCT.SOUTH 7NOYC A. CALM 94501 'IYRRT 1-1900 2 I 2 On oI' about 1, 1967 , and prior thereto, plaintiff 3 for valun.bie consideration paid and received, sought medical 4 rare, trc.�:tr��>nL , therapy and rehabilitation from defendants 5 COTILI ' U r COI�.IT:1A COSTA, J:'�:`u:$ LYINCI1, i I.;)�, JOHN 0`JCS I ' through 6 tl, JOIL DCCS KI through KV, J,%NC DOCS I through X, inclusive, 7 11c' each of t1=e1�., at the CO_•:T3 . COSTA COUNTY HOSPITAL; that. 8 sC i I defendants, unci each of ahem, undertook, such, emplo3nrqent , 9 a nu undertook z-nc' ac.-re-ed to treat Plaintiff and to care for him 10 and treat him and do all thin-s necessary and proper in connection 11 therewith, and said defendants, Gni each of them, thereafter 12 eitered into such employm nt individually and by and through 13 T;.cir Z:aents, servants and employees. 14 15 Plaintiff avers that -at the t?nle of the aforesaid , and 16 since, lie was and has been suffering from an ailment mourn to 17 the medical procession to be "pressure sorest` on the buttock-area. 18 of his body; that lie soug:.t the advice, treatment and care- of 19 these pressure sores from the defendants, and that they undertook, 20 promised and. agreed, after examination and diagnosis, and for a' . 21 vLluabie consideration, to properly treat and care for plaintiff's 22 aforer:ientioreU ailment and to subject the plaintiff to treat- 23 mems for the same, and to give him proper treatment, care and 24 attention therefor. 25 XI 26 The plaintiff further Evers that he was operated on by 27 the defendants on two (2) separate occasions where, each time, 28 the ischluui bone iii-as shaved to relieve pressure so that the 29 pressure sores -would thereby diminish and eventually be cured 30 «ito e+ i,er. Plaintiff' s last hospitalization for the afore- 31 an _.oned oper.:i:a.on T-.Tas on or about October 12, 1967 through 32 'Hove-tuber 21 , 1967. RIAN PALMQUIST - 4 -- rTOwMcr wT Lwv - RK STREET,SOUTH SHORE MA. CALIF.9450] i KLNu wRr/-7900 1 1 XII 2 The plaintiff further avers and alleges that notwithstandinct 3 the promises and undertakings of the defendants aforesaid , the 4defendants, and each of them, i.e. COUNTY OF CONTRA COSTA, 5 JA 1E^ LYNCH, :I„D. , JOHN DOES I through V, JOHN DOSS XI through g XV, inclusive, at the CONTPA COSTA COUNTY HOSPITAL, so negligently 7 and carelessly owned, operated, controlled, maintained, managed, g operated and supervised said CONTPU COSTA COUNTY HOSPITAL, 9 its agents, employees and servants so negligently and carelessly 10 examined, diagnosed, treated, cared for, operated on, supervised, 11 watched over and instructed plaintiff herein, that the operations 12 performed by the aforementioned defendants upon plaintiff, not 13 only did not relieve plaintiff of his ailment but did in fact 14 cause plaintiff to become infected with an ailment. known to 15 the medical profession as osteo^;yelitis; that because of 16 thereof the plaintiff suffered and continues to suffer ex- 17 cruciating and almost humanly unbearable pain, so severe and 18 tormenting as to render it necessary for plaintiff to rely on 19 various drugs prescribed from time to time by the surgeons and 20 other physicians consulted by plaintiff in order to get short 21 surcease from the indescribable torture thus inflicted; and 22 that by reason thereof and thereafter it became and continues 23 to be necessary for the plaintiff to obtain and have constant 24 advice, treatment and care of surgeons and other physicians 25 and practitioners of medicine to properly treat, care for, and 26 endeavor to cure the aforedescribed ailment of and injury to 27 the plaintiff, negligently, unskillfully, and wrongfully brought 28 about by the defendants . 29 xIII 30 The plaintiff further avers that the plaintiff subsequent 31 to his aforementioned operations was referred to and did seek 32 the advise of defendants COUNTY OF CO JTWi COSTA, WILLARD GLEFFE.M.D., WRiAN PALMDUIST 5 �TTowHcr AT I.A. 'ARK STREET.SOUTH SRO ACOA. CALIF.94SC, ►K[HUMUT 1-1900 1 JOHN DOES VI throu-rh %, J,:PyU DOES X1 through XV and JOHN DOES 2 XZTI through as aioredescribed sores were not healing properly 3 but were in fact drain ng considerable amounts of pus, dead 4 tissue and prulent fluid causing plaintiff a considerable amount 5 of excruciating; and almost humanly unbearable pain. The afore- 6 mentioned defendants so negliaently and carelessly examined, 7 diagnosed, treated, cared for, supervised, watched over and 8 instructed plaintiff, that they failed to discover that plaintiff 9 had become infected with osteomyelitis . Had the defendants, 10 and each of them, followed acceptable and normal medical practices 11 and procedures such as taking cultures of the draini-na material 12 and x-rays subsequent to the operation, the plaintiff's condition 13 could have been properly and immediately diagnosed, saving 14 Plaintiff much pain and suffering, and that as a direct and 15 proximate result of .the careless and negligent conduct of de 16 fendants, and each of them, plainitiff was caused to be' operated 17 on and have portions of his hip bones removed, causing severe 18 and traumatic 1.n, uri.es and damages to plaintiff as hereinafter 19 set forth. 20 XIV 21 The plaintiff further avers that the defendants so 22 damaged his body, as aforesaid, that he is permanently injured 23 thereby; that he was required to undergo a surgical operation to 24 have portions of both of his hip bones removed; that by reason 25 of the injuries, negligently and carelessly inflicted as afore- 26 said; resulting Proximately from such negligent , careless, 27 unskillful, and improper treatment aforesaid , frequent examinations 28 of the plaintiff' s concl?t?cin i -licate a tendency and possibility 29 that the aforedescribed injury will develop into further 30 complications of a serious , painful , and perhaps incurable 31 character, that coupl`:? -with the constant need for strict 32 attention and care to arrest the ravages of this injury and seek BRIAN PALMQU1ST - V - MOwNLv AT LAW S[STREET,SOUTH SHORT MA. CAL1F.94501 KS:NUKOT 1.1900 1 recovery therefrom, the plaintiff has during all this time 2 and continues so to labor with the superimposed task of 3 controlling his use of and need for the prescribed drugs ; 4 whereby and by reason whereof, the plaintiff is permanently 5 injured , disfigured , scarred, maimed and has suffered., continues 6 to suffer, and ,;ill in the future suffer great physical- pain, . 7 torture and mental anguish; and he has because of the afore- 8 mentioned injury and condition of health resulting therefrom, 9 suffered an impairment of energy, capacity and ability to 10 perform his natural and usual functions and duties toward 11 the support and maintenance of himself and those dependent upon 12 him, all to his general damage in the sum of FOUR HUNDRED THOUSAND 13 DOLLARS ($400,000.00) . 14 XV 15 Plaintiff further avers that he was required to and 16 did employ physicians and surgeons to examine, treat and care 17 for him and did incur and continues to incur medical and 18 incidental expense. The exact amount of such expense is< 19 unkncwn to plaintiff at this time and he prays leave to amend 20 this pleading to set forth the exact amount thereof when the 21 same is finally ascertained. 22 XVI 23 Plaintiff further avers that he has lost wages in an 24 amount presently unascertained and will do so in the future and 25 by reason of the premises has suffered a loss of earning 26 capacity. Plsintiff prays leave to amend his complaint to 27 show same when it becomes ascertained. 28 XVII 29 That prior to the commencement of this action, a claim 30 for personal injuries was served upon the County of Contra 31 Costa on Oct )ber 10, 1963 ; that said claim was denied by 32 the Board of Supervisors of the munty of Contra Costa, Mate ORIAN PALMOUIST 7 — e TTC11N[Y AT LAM RK STREET,SOUTH SHORE+ [DA, CALIF.94501 I[LMYRYT I- goo 1 of California on October 15, 1968. 2 tMEREFORE, plaintiff prays judgement as hereinafter set 3 forth. 4 SECOND CAUSE OF ACTION 5 I g Plaintiff refers to paragraphs I , II, III, IV, V, VI, 7 VII , VIII, IX, X, XI, XIV, XV, XVI .and XVII of the First g Cause of Action and by such reference incorporates the same g herein as though set forth at length. 10 II 11 Defendants , and each of them, so negligently and 12 carelessly treated, cared for, operated� on, and conducted 13 medical procedures on plaintiff that as a direct and proximate 14 result thereof, plaintiff became infected and inflicted with 15 an ailment known to the medical profession as osteomyelitis: 16 that said care, treatment , operations and medical procedures . 17 on plaintiff's sores on his body were so negligently and lg carelessly undertaken and carried on by defendants, and each 19 of them, that plaintiff was caused to and- did lose by surgery, 20 part of each of his hip bones as a direct and proximate result 21 of the foregoing negligence and carelessness of the said 22 defendants , and each of them, and did thereby suffer the 23 additional injuries and damages herein alleged. 24 WHEREFORE , plaintiff prays judgment as hereinafter set. 25 forth. 26 THIRD CQZTSE OF ACTION 27 I 28 Plaintiff refers to paragraphs I , II , III, IV, V, VI , 29 VII , VIII, IX, X, XI, XIV, XV, XVI and XVII of the First 30 Cause of Action and by such reference incorporates the same 31 herein as though set forth at length. 32 -- 8 - ADRIAN PALMCUIST ` ^TTOAH[1I AT LAW PARK STREET.SOUTH SHORC MED^.CALIF.94So1 .AKCNU11OT 1-1900 i 1 II 2 Defendants , and each of them, through their agents , 3 servants and employees at CONTRA COSTA HOSPITAL in Martinez 4 and at the CONTPA COSTA COUNTY CLINIC at Pittsburg, California , 5 so negligently and carelessly owned , operated . controlled:, 6 maintained, managed , operated and supervised said CONTRA COSTA 7 HOSPITAL and CLINIC; its agents , employees and servants so g negligently and carelessly examined , diagnosed, treated, cared 9 for, supervised, operated on watched over and instructed 10 plaintiff herein with respect to an infection which plaintiff 11 was infected with, that said infection caused plaintiff. to 12 become stricken with osteomyelitis ; and said defendants ' and " 13 each of them, failed to refer plaintiff to a medical specialist 14 which a reasonably careful and skillful general practitioner 15 should and would have done under the same or similar cir- 16 cumstances , and as a direct and proximate result thereof, 17 plaintiff's hip bones were partially removed by surgery and 18 he suffered the further injuries and damages herein alleged . 19 WHMF EFORE, plaintiff prays judgment against defendants 20 and each of them, as follows: 21 1. General damages in the sum of FOUR HUNDRED THOUSAND 22 DOLLARS (S400 ,000.00) ; 23 2. All special and incidental damages according to 24 proof; 25 3. All costs incurred; and 26 4. Such other and further relief as this court deems. 27 proper. 28 Dated: March 26, 1969. ) 29 J. ADR3 AN PALMQUIST ► 30 By DAVID A. HUFFMAN,. 31 Attorneys.- for Plaint�irf'. 32 9 - ADRIAN PALMQU15T Tro RN[Y AT L.- RK STREET,SOUTH SMOR - CALI,,.9♦5Ot MCHURST 1-19 t70 J. ADRIt"I PALINUI ST 500 Pail. Street, South Sh . Alame.k.a, California 94500 Telephone: (415) 521 1900 Attorney(s) for Plaintiff IN THE SUPEI1,1011%. COURT OF THE STATE OF CALIF0I11rIA IN AND FOR TIIE COUNTY OF CONTRA.COSTA EDWARD PIPPIN, �� No. Plaintiff(s) 114) )61 vs. COUNTY OF CONTRA COSTA, JAMES LYNCH,M.D. , WILLARD GLEFFE, M.D. , JOHN DOE I through XX, JANE DOE I through XX, BLACK CO. , a SUMMONS cor,ora on, WHITE CO. , a co-partnersr�p, (General) and GREEN CO. , an association_, Defendant(s) (Full Title) THE PEOPLE OF THE STATE OF CALIFORNIA to the above named __ _ Defendant(s): You are directed to file with the clerk- of this court in which the above entitled action is brought a written pleading in response to the complaint within ten days after the service on you of this summons, H served within the above named county, or whbin thirty days if served elsewhere (except.that if the action is against the state pursuant to Section 733.5 of the Code of Civil Procedure, within 180 days). You are notified that unless you so file a %NTitten responsive pleading, the plaintiffs) will tale judgment for any money or damages demanded in the complaint, as arising upon contract, or will apply to the court for any other relief de- manded in the complaint. (SEAL) You may sock the advi,^e of an attorney on any matter connected with the complaint or this summons. Such attorney should be consulted within the time limit stated In this summons for filing a written pleading to the complaint. MAR 2 81969 W. T. PAASCH, Clerk Dated gy FRED TROTT Deputy Clerk NOTICE TO THE PERSON SERVED (Secs. 410 and 474 C.C.P.): You are hereby served in the within action(or proceeding)in each capacity checked below: ❑ On behalf of as a person upon whom the summons and a copy of the complaint must be served to effect service against said party under the provisions of Code of Civil Procedure Section: ❑ 411(1) (as against a domestic corporation) ❑ 411(2) (as against a foreign corporation, or nonresident joint stock company or association, doing busi- ness in this state) ❑ 411(2.1) (as against a partnership or other unincorporated association) ❑ 411(2.2) (as against a foreign partnership) ❑ You are also served as an individual ❑ As (or on behalf of) the person sued under the fictitious name of X pleading is a formal allegation of a claim or defense. C.C.P. Sec. 4-210. It must be in writing, in form pursuant to rule of !ourt, and filed with the clerk of this court, with proof of service of copy thereuf an plaintiff or his atiorney, accompanied with the necessary fee. (See reverse side for Proof of Service) Form approved by the udkial Council of California.Rev. 11.67 SUMMONS (General) Code Gv.Proc.Secs.407.410.411.416.1,474;etc. $32.25M(Rev. 10.67) GEORGE DEGNAN, M.D. - 0.J. LUDWIG DIRECTOR LOUIE FOGIRTMAN, M.D.CONTRA COSTA COUNTY MEDICAL SERVICES-WILLIAM.0. PRIMON, M.D. DIRECTOR REHABILITATION - - DEPUTY.COMMUNITY.MENTAL, RITTSBURG CLINIC HOSPITAL RICHMOND, CLINIC - HEALTHY DIRECTOR - 45 CIVIC AVE. 2500 ALHAMBRA AVE. 240.8TH STREET - PITTSBURG. CALIF. 94365 MARTINEZ. CALIF. 94553 RICHMOND..CALIF. 94000 TELEPHONE 439.8262 TELEPHONE 228.5800 TELEPHONE 233.7000 . PLEAfE-DIRECT IIEPLY TO April 7, 1969 2500 Alhambra'Avenue Martinez, California Contra Costa County Board of Supervisors Administration Building Martinez, California 94553 Gentlemen: Please see the attached Action No. 114,151, Complaint for Medical: Malpractice between Edward Pippin, Plaintiff and the County of Contra Costa, Defendants. I received this summons on April 17, 1969. It is requested that the Board of Supervisors represent me in this matter. Sincerely, CONTRA COSTA COUNTY MEDICAL SERVICES George Degnan, M. D. Medical Difor RECEIVED s R. Lynch, . B., B. S. f Physician C,PR 111969 JRL:bl &AASCH.,CLESUP ISORSEnc. o.pllgr e .c. :a ;y. F i E } t ApM 1 7, 1969 2500 Alhambra Avenue Martinet, California t I Contra, Costa County Board of Supervisors Administration Building Martinez, California 94553 Gentleman: F F Please see the attached Action No. 114,151, Complaint fbr Medical Malpractice bebreen Edward Pippin, Plaintiff and the County of Contra Costa, Defendants. I received this sumaons on April 1969. It is requested that the Board of Supervisors represent me in this matter. Sincerely, CONTRA COSTA COt M MEDICAL SERVICES f George Degnan, M. 0. ® Medical Director f James R. lynch, M. B., B. S. Staff-Physician JRL.:bl Enc. { st f i i J , :�u.:�.�, : �>;���:.,l,TST 500 PF IL E.irC St2 ct, .Sio _11 SShore Telephonc: (415? 52-1 1900 3 LIAR 2$ 1969 Attorney for Plaintiff w T.'FAASCM, 9mq CIerR 4 CONTRA COSTA COUNTY 5 FRED TRnTr 8 IN THC SUP::2IOR COURT OF THE STATE OF CAJ..IFOaitl.`. 9 I'1 &I-7:1D FOP, THE COUNTY OF CG.yTPLA COSTA la 11 _.DU. -1D PIPPIN, ) } 12 Plaintiff, ) 13VO. } 14 COu?.T OF CO N-r„_. COST.',, it'I-IES } IILLARD GiE FE 1-1,DQ , STrr COMPL. T 15 „4:?_`? DO I throuZh :i.:, .IJA1*4E DOE I ) FO R. throe—Ii X , BLACK CO. , a corpora-- ) 2dEDIC L ;L";i ';=';t�Tli E 16 ti o?l, ;.TIIITZ CO. , a co--Partnership, } and G EE. : CO. , an association, ) 1? } Defendants, } 18 19 20 Fl.aintiff EJ jAJRD PIPPIi: complains of defendants, and each 21 of them, and for cause of action alleges as follows.- 22 FIRST CfWSE OF ACTION 23 24 I 25 Plaintiff clots not know the true names of the- defendants 26 sued herein as JOHN DOE I through Xx, JANE DOE I through K.X 27 BLACK CO. , a corporation, t-'UIITE CO. , a co-partnership, and 28 GREEN CO. , an association, and for that reason said defendants 29 are sued under fictitious names. Plaintiff is informed and 30 believes and therefore alleges that each of said defendants 31 participated in the doing of the acts hereinafter alleged to- have 32 been done by the nLnie3 defendants and, furthermore, were the PALMQUISs Tom N Cr 4T t4w l It STREET.SQUTN SHURf i -< 6ALIF.94507 ICNU..T 1-140[1 I , agents each o' the other as well as being the agents of all 2 defenclants named h(-rein; that each and all of the names; defendant 3 herein were and are each the agents of all the others. 4 II 5 Fit all tines herein mentioned, defendant COUNTY OF CONTRA 6 COSTA, owned and operated, and now operates, in a proprietary 7 capacity, a certain hospital located at or near Martinez, County, 8 of Contra Costa, State of California, and known .as the CONT2ti 9 COST: COUitiTY HOSPITAL, and cared for plaintiff, acting through 10 defendants J VrI: S =NCH, I.I.D. and JOHN DOES I through V, who 11 -were duly licensed and practicing physicians 'and surgeons in the 12 State of California, in the employment of defendant CONTRA COST, 13 COU_4TY and were , at all times herein mentioned, acting within 14 the course and scope of their employment with said defendant, as 15 its agents, servants and employees 16 III 17 At all times herein mentioned, defendant COUNTY OF .0 0MrI A 18 COSTA, owned and operated and now operates in a proprietary 19 capacity, a certain medical clinic, located at or near the 20 City of Pittsburg, County of Contra Costa, State of California, 21 and kno�,n as the COUNTY CLINIC, and cared for plaintiff, acting 22 through defendants WILLA'.:D GLEFFE, M.D. and JOIDIT DOES VI through 23 who were duly licensed and practicing physicians and surgeons 24 in the State of California, in the employment of defendant 25 CONTRA COSTA COUNTY and were, at all times herein mentioned, . 26 acting within the course and scope of their employment with 27 said defendant, as its agents, servants and employees. 28 IV 29 At all times herein mentioned, defendants JAMES LYNCH, M.D. , 30 :7ILLARD GL'IEFFE, 1-I.D. , and JOIN DOES I through V and JOMi DOES 31 VI through X. held themselvcs out to possess the skill, ability 32 and learning common to medical practitioners in the community IRIAN PAIMOUIST '. rmftm T AT LAw 2L STREET.SOUTH SHOR - OA.CALIF.94501 [HURUT 11900 1. in which they practiced their profession. 2 V 3 At all times herein mentioned, defendants JOHN DOES XI 4 through XX, inclusive, and each of them, were administrators, _ 5 nurses, technicians, attendants, orderlies, hospital assistants 6 and instructors who were, at all times mentioned herein, the 7 agents, employees and servants of defendants COUNTY OF CONTRA 8 COSTA, JAMES LYNCH, M.D. , WILLARD GLEFFE, M.D. , JOHN DOES I 9 through V, JOHN DOES VI through X, inclusive, and each of them. 10 VI 11 At all times herein mentioned, defendants JANE DOES I 12 through X, inclusive, were registered nurses, duly qualified 13 as such in the State of California, were in the employment of 14 defendant CONTRA COSTA COUNTY and were at all times mentioned 15 herein, the agents, employees and servants of defendants 16 COUNTY OF CONTRA COSTA, JAMES LYNCH, M.D. , WILLARD GLEFFE,M.D. , 17 JOHN DOES I through XX, JANE DOES XI through XX, inclusive, and 18 each of them. 19 VII 20 At all times herein mentioned, defendants, JANE DOES XI 21 through XX, inclusive and each of them, were administrators, 22 nurses, technicians, attendants, orderlies, hospital assist- 23 ants and instructors who were at all times herein mentioned, 24 the agents, employees and servants of defendants COUNTY OF 25 CONTRA COSTA, JAMES LYNCH, M.D. , WILLARD GLEFFE, M.D. ,. JOHN DOES 26 I through XX, JAlNNE DOES I through X, inclusive, and each of them. 27 VIII 28 At all times herein mentioned, the acts and omissions of 29 the various defendants, and each of them, concurred and contri 30 buted to the various acts and omissions of each and all of the 31 other defendants in proximately causing the injuries and damages 32 as herein alleged. IAN PALMQU1ST - 'RNEr AT LAW STREET.SOUTH SHaIt CALIF.94501 - ,lunar 1-1900 I L. 2 On or abOUt tipril 1 , 1167 , and pl-ior thereto, plaintiff 3 for valuable consideration paid and received, soubht medical ¢ care, treatment, therapy and rehabilitation fron defendants $ COUNTY OF CO t'T:!A COSTA JAMIES LY_ICII, n.;)a, JOHN DOES I through 6 V, JO_Ml DOES ::I throu;h 'CV, NiNE DOCS I through. X, inclusive, 7 and each of thew, at the CO1N1T?,,,.:?: COST: COUNTY HOSPITAL; that 8 said defendants, and each 'oL them, undertook such emplo;�lctent 9 and undertook anct agreed to treat plaintiff and to care for him 10 and treat him and do all thinUs necessary and proper in connection 11 therewith, and said defendants, and each of them, thereafter 12 entered into such employment individually and by and through 13 tthcir F.cfents, servants and employees. 14 15 Plaintiff avers that at th` time of the aforesaid, and 16 since, lie was and has been suffering from an ailment known to 17 the medical profession to be "pressure sores" on the but tocl:-area 18 of his body ; that he sou's"It the advice, treatment and care of 19 these pressure sores from the defendants,' and that they undertook, 20 promised and agreed, after examination and diagnosis, and for a 21 valuable consideration, to properly treat and care for plaintiff= s': 22 a.Lorementioned ailment and to subject the plaintiff to treat- 23 meets for the same, and to give nim proper treatment, care and- 24 attention therefor. 25 XI 26 The plaintiff further Evers that he was operated on by 27 the defendants on two (2) separate occasions where, each time, 28 the isch_uia bone was shaved to relieve pressure so that 'the 29 pressure sores :•could thereby diminish and eventually be cured 30 altojether. Plain tiff' s last hosTAtalization for the afore- 31 meet oned ope_-ation was on or about October 12, 1967 through 32 November 21 , 1967. PALMQUIST - 4 ^ TTORINCT AT LAw RK STR EET.S D UTH SHORE MA.CALIF.94501 -_---RST 1-1900 - 1 XII 2 The plainti« further avers and alleges that notwithstanding 3 tl.e promises and undertakings of the defendants aforesaid ,. the 4 defendants, and each of there, i.e. , COUNTY OF CONTRA COSTA, 5 . .� 4ES LY?.Cil, ,S,D, , JO.i'. SES I through V, JOHN DOES XI through 6 XV, i_nclusi,ve , at the CONTP-A. COSTA COUNTY HOSPITAL, so negligently 7 and carelessly oc-;ned, operated, controlled, maintained, managed, g operated and supervised said COidTP.:� COSTA COUNTY HOSPITAL, 9 its agents, employees and servants so negligently and carelessly 10 exantin:ed, diagnosed, treated, cared for, operated on, supervised, 11 watched over and instructed plaintiff herein, that the opera}ions 12 performed by the aforementioned defendants upon plaintiff,, not 13 only did not relieve plaintiff of his ailment but did in fact 14 cause plaintiff to become infected with an ailment known to 15 the medical profession as osteo^nyelitis; that because of 16 thereof the plaintiff suffered and continues to suffer ex 17 crlaciatinc, and almost humanly unbearable pain, so . severe and lg to entirg as to render it necessary for plain-iff to; rely on 19 various drugs prescribed from time to time by the surgeons and 20 other physicians consulted by plaintiff .in order to get short 21 surcease from the indescribable torture thus inflicted; and 22 that by reason thereof and thereafter it became and continues 23 to be necessary for the plaintiff to obtain and have constant 24 advice, treatment and care of surgeons and other physicians 25 and practitioners of medicine to properly treat, care for, and 26 endeavor to cure the aforedescribe.d ailment of and injury to 27 the plaintiff, negligently, unskillfully, and wrongfully brought 28 about by the defendants 29 XIII 30 The olain-iff further avers that the plaintiff. subsequent 31 to his opt rations was referred to and did seek 32 the advise of defendants COUNTY OF CONTRA COSTA, WILLARD GLEFFE,M,D, , MRIAH PALMOUIST S TTOIIIHCT AT LAW IRK STREET.SOUTH$MOR - �EOA. CALIF.94501 IKc Hunar 1-1900 • 1 JOH:. DOES VI through X, JANE DOES XI through XV and JOHNDOES 2 XVI through Y� as aforedescribed sores were not healing properly, 3 but were in fact draining considerable amounts of pus, dead 4 tissue and prulent fluid causing plaintiff a considerable amount 5 of excruciating and almost humanly unbearable pain. The afore- 6 mentioned defendants so negligently and. carelessly examined, 7 diagnosed, treated, cared for, supervised, watched over and 8 instructed plaintiff, that they failed to discover that plaintiff 9 had become infected with osteomyelitis. Had the defendants, 10 and each of them, follo:.:ed acceptable and normal medical practices 11 and procedures such as taking cultures of the draining material 12 and x-rays subsequent to the operation, the plaintiff's condition 13 could have been properly and immediately diagnosed, saving 14 Plaintiff *such pain and suffering, and that as a direct and 15 proximate result of .the careless and negligent conduct of de 16 Pendants, and each of them, plainitiff was caused to be operated 17 on and have portions of his hipbones removed, causing severe 18 and traumatic injuries and damages to plaintiff as hereinafter 19 set forth. 20 XIV 21 The plaintiff further avers that the defendants so 22 damaged his body, as aforesaid, that he is permanently injured 23 thereby; that he was required to undergo a surgical: operation to 24 have portions of both of his hip bones removed; that by reason 25 of the injuries, negligently and carelessly inflicted as afore 26 said; resulting proximately from such negligent, careless, 27 unskillful, and improper treatment aforesaid , frequent examinations 28 of the Plaintiff' s condition indicate a tendency and possibility 29 that the aforedescribed in-Jury will develop into further 30 ccmpl icati ons ora se=io_i._ , L a - ful , and perhaps incurable 31 character, heat couple: With the constant need for strict 32 attention and care to arrest the ravages of this injury and seek ORIAN PALMQUIST -• 6 - TTOPN[Y T Lbw 0.K STREET.SOUTH SHUR - EOA. CALIF.94501 K[NuwOT 1-1900 • 1 recovery therefror.i, the plaintiff .has during X111 this time 2 and continues so to labor with the superimposed task of 3 controlling his use of and need for the prescribed drugs; 4 whereby and by reason whereof, the plaintiff is permanently 5 injured, disfigured , scarred, maimed and has suffered, continues 6 to suffer, and will in the future suffer great physical pain, 7 torture and mental anguish; and he has because of the afore- 8 mentioned injury and condition of health resulting therefrom, 9 suffered an impairment of energy, capacity and ability to _ 10 perform his natural and usual functions and duties toward 11 the support and maintenance of himself and those dependent upon 12 him, all to his general damage in the sum of FOUR HUNDRED THOUSAND 13 DOLLARS ($400 ,000.00) . 14 ? v 15 Plaintiff further avers that he was required to and 16 did employ physicians and surgeons to examine, treat and care 17 for him and did incur and continues to incur medical and 18 incidental expense. The exact amount of such expense is 19 unknown to plaintiff at this time and he prays leave to amend 20 this pleading to set forth the exact amount thereof- when the 21 same is finally ascertained. 22 XVI 23 Plaintiff further avers that he has lost wages in an 24 amount presently unascertained and will do so in the future and 25 by reason of the premises has suffered a •loss of earning 26 capacity. Plsintiff prays leave to amend his complaint to 27 show same when it becomes ascertained. 28 XVII 29 That prior to the commencement of this action, a claim 30 for personal injuries was served upon the County of Contra 31 Costa on October 10, 1963 ; that said claire was denied by 32 the Board of Supervisors of the (.bunty of Contra Costa, State MRIAN PALMOUIST - 7 - TTOAMCT AT LAM AK STREET.SOUTH SHORE' OA, CALIF.94561 KCMUR6T 1`1900 • 1 of California on October 15, 1968. 2 14flFREFOi E, plaintiff prays judgment as hereinafter set 3 forth. 4 SECOND CAUSE OF ACTION - 5 I 6 Plaintiff refers to paragraphs I , II , III, IV, V, VI, 7 VII , VIII, IX, X, XI, XIV, XV, XVI and XVII of the First 8 Cause of action and by such reference incorporates the same 9 herein as though set forth at length. 10 II 11 Defendants , and each of them, so negligently and 12 carelessly treated, cared for, operated on, and conducted 13 medical procedures on plaintiff that as a direct and proximate 14 result thereof, plaintiff tecame infected and inflicted with 15 an ailment known to the medical profession as osteomyelitis; 16 that said care , treatment , operations and medical procedures 17 on plaintiff's sores on his body were so negligently and 18 carelessly undertaken and carried on by defendants; and each 19 of them, that plaintiff was caused to and did lose by surgery, ; 20 part- of each of his hip bones as a direct and proximate result 21 of the foregoing negligence and carelessness of the said 22 defendants , and each of them, and did thereby suffer the 23 additional injuries and damages herein alleged. 24 WHEREFORE, plaintiff prays judgment as hereinafter set 25 forth. 26 THIRD CAUSE OF ACTION 27 I 28 Plaintiff refers to paragraphs I , II , III, IV, V, VI, 29 VII, VIII, IX, X, XI, XIV, XV, XVI and. XVII of the First 30 Cause of Action and by such reference incorporates the same 31 herein as thou---,Ii set forth at length. 32 -- 8 - hDRIAN PALMCUIST \TTOPN[M AT LAW ANKMEET.OOUIN 3110PEI - 4COA. CALIF. 94501 •KENUMOT I- 2 Defendants , and each of them, through their agents , 3 servants and employees at CONTRA COSTA HOSPITAL in Martinez 4 and at the CONTPU% COSTA COUNTY CLINIC at Pittsburg, California, 5 so negligently and carelessly owned, operated , controlled, 6 maintained, managed , operated and supervised said CONTRA COSTA 7 HOSPITAL and CLINIC; its agents , employees and servants so 8 negligently and carelessly examined , diagnosed, treated, cared 9 for, supervised, operated on watched over and instructed 10 Plaintiff herein with respect to an infection which plaintiff 11 was infected with, that said infection caused plaintiff to 12 become stricken with osteomyelitis; and said defendants and, 13 each of them, failed to refer plaintiff to a medical specialist 14 which a reasonably careful and skillful general practitioner 15 should and would have done under the same or similar cir 16 cumstances , and as a direct and proximate result thereof, 17 plaintiff's hip bones were partially removed by surgery and 18 he suffered the further injuries and damages- herein alleged 19 WHEREFORE, plaintiff prays judgment against defendants 20and each of them, as follows: 21 1. General damages in the sum of FOUR HUNDRED THOUSAND 22 DOLLARS (5400 ,000.00) ; 23 2. All special and incidental damages according to 24 proof; 25 3. All costs incurred; and 26 4. Such other and further relief as this court deems 27 proper. 28 Dated: March 26, 1969. 29 J. ADRIAN PALMQUIST 1 30 DAVID A. F`UFFitAN, - 31 Attorneys.- for Plaint' ff. 32 9 - WRIAN PALMQUIST - - kTTORNET AT LAM kRK STREET,SOUTH SHORE• IEDA. CALIF.94501 .. \KEHURS71-1900 J, yDF.IA 3 PALt1QUIS_ • 500 Pc:r L Street, South S- Alarneda, California ;'4501 Tc'iei phone: (415) 521 1900 Attorney(s) for Plaintiff IN THE SUPERIOR COURT OF THE STATE OF CALIF OAR IA 1N AND FOI, THE COUNTY OF CONTRA COS'T'A EDWARD PIPPIN, No. J Plaintiff(s) VS. COUNTY OF CONTRA COSTA, JAMES LYNCH,M.D. , WILLARD GLEFFE, M.D. , JOID1 DOE I through XX, JANE DOE I through XX, BLACK CO. , a SUMMONS corporation, WHITE CO. , a co-partnership, (General) and GREEN CO. , an association, Defendants) (Full Title) THE PEOPLE OF THE STATE OF CALIFORNIA to the above named Defendant(s): You are directed to file with the clerk of this court in which the above entitled action is brought a written pleading in response to the complaint within ten days after the service on you of this summons, if served within the above named county, or whb—in thirty days if served elsewhere (except that if the_ action is against the state pursuant to Section 738.5 of the Code of Civil Procedure, within 180 days). You are notified that unless you so file a written responsive pleading, the plaintiffs)will take judgment for any money or . damages demanded in the complaint, as arising upon contract, or will apply to the court for any other relief de- manded in the complaint. (SEAL) You may seek the advice of an attorney on any matter connected with the complaint or this summons.. Such attorney should be consvdted within the time limit stated In this summons for filing a written pleading to the complaint. MAR 2 81969 W. T. PAASCH, Clerk . Dated By FRED TROTI' Deputy Clerk NOTICE TO THE PERSON SERVED (Secs. 410 and 474 C.C.P.): You are hereby served in the within action (or proceeding)in each capacity checked below: ❑ On behalf of as a person upon whom the summons and a copy of the complaint must be served to effect service against said party under the provisions of Code of Civil Procedure Section: ❑ 411(1) (as against a domestic corporation) ❑ 411(2) (as against a foreign corporation, or nonresident joint stock company or association, doing busi- ness in this state) ❑ 411(2.1) (as against a partnership or other unincorporated association) ❑ 411(2.2) (as against a foreign partnership) ❑ You are also served as an individual ❑ As (or on behalf of) the person sued under the fictitious name of_ A pleading is a formal allegation of a claim or defense. C.C.P. Sec. 420. It must be in writing, in form pursuant to rule of court, and filed with the clerk of this court, with proof of service of copy thereof on plaintiff or his attorney, accompanied with the necessary fee. (See reverse side for Proof of Service) Form approved by tha udicial Council of California.Rev. 11.67 SLMIMONS (General) Code Gv.Proc..Seca.407,410,411,416.1,474;etc. - H-32 25M(Rev. 1067) CJUNTY CLn&MI S OFFICE CJNTRA COSTA COUNTY Inter-office Mmo DRAM April 11, .1969 TO& Office of the District Attorney MaNts V. T. Paasch, Clerk SUWBCT: Action No. of the .Superlrt -of the State of California, in-and for the County of Contra Costa, W6 "�s� VS. � t Attached is copy 7f nd z; in the above-entitled action. Received copy of abavi mentiowa day,.ol. .., for Atts _ v 66-12-500 F*zm 8.4 t DISTRICT ATTORNEY'S OFFICE Contra Costa: County Martinez, California TO E. F an 3 essor, FROM; John B. Clausen: Acting District Attorney By: Arthro r V. walenta, Jr. , Deputy District Attorney k SUBJECT: Siri v. County, Action No. 103511 ` A hearing was held today before Judge Leon,T Davida rttirad t of Appeal, on -the Justice of the District CourCounty's ;thiY!d demurrer to the petition in the action by William 31ri, to:compel reassessment of property';in the Connty by `the Countg Aasessor` and the Board of Supervisors. Atter arguilnt, tho h fudge sustained the County t.s demurrer without leave to afend. F r Irl°° the absence of an appeal, this will end: the suit. ` -- - 'r 9 •t x cc: Supervisor James P. Kenny , r od of Supervisors x County Administrator i 1 4WW:mh r- RECEIVED 7 "-9r�Yzz,,tgE9 W. T..PAASCH CLQ11K SOARD 01r;8UPE0VIiOIIa I/V�B 4 W3 f� RA coo 00. TW e: Y, THE BOARD OF SUPERVISORS JAMES..-. KENNY, RICHMOND JAMES E_ MORIARTY IST DISTRICT D CHAIRMAN - ALFRED M.DIAS. SAN PABLO CONTRA COSTA COUNTY THOMAS JOHN COLL 2ND DISTRICT _ - VICE CHAIRMAN JAMES E. MORTY, LAFAYETT[ ADMINISTRATION BUILDING. ROOM 103 WALTER T.PAASCH ]RD D15TRICT TRIC7 CLERK THOMAS JOHN COLL. CONCORD P.O. BOX 911 MRS. GERALDINE RUSSELL 4TH DISTRICT ASSISTANTS CLERK OF:BOARD EDMUND A. LINSCHEID,PITTSBURG MARTINEZ, CALIFORNIA 94553 REGULAR MEETINGS THE FIRST. 5TH DISTRICT PHONE 228.3000 - - - .FOUR TUESDAYS OF.EACH:MONTH April 9, 1969 1v s Mr. Douglas E. Lord Attorney at Laws 200 - 37th Street Richmond, California 94805 _ /5z-5-" Paz. Dear Mr. Lord: A copy of your letter to Mr. E. F. Wanaka, County Assessor, with respect to Superior Court Action Number 103511, Siri vs. Board of Supervisors, was received in this office on April 3, 1969. Although you indicate that a "verified summary of industrial sales" was attached to your letter, none was received. I have been directed by the Board to request that you send a copy of the list to which you referred. Very truly yours, W. T. PAASCH, CLERK By Aileen Elder Deputy Clerk WTP:ae -642D�,' RECEIVED .I -1�-1969- AASCH CLE B OF SUP RS C O ey 1: 1 DOUGLAS S. LORD 4 200 - 37th S tree t A�� 1'� � 1 2 Richmond, California 235-3970 Edo* . 3 IDV.�.... mom, HU3TLSiUD 6 I470tTjtZE Ma ZaerMAI,' 4 1620 Russ Building San Framisco, California 5 99:-3314 ' 6 Attorneys for Aetitioners 8 IN TM SUPIERIOA COURT OF TM STATE OY CSL ZA I 9 IN AND FOR Tkt COMM OF CONTRA COSTA 10 WILLIAK SZRI, at al., ) 90. 103511 31 Petitioners. ) 3 12 vs. y FIRST AMEX= PETITION FOR WRIT Or. 13I Dti1.N"= T= COUNTY OF CONM CO. COSTA. I } et al., } 14 15 Respondents. ) I _ 16 pQtitionera are taxpayers within the County of Contra Cos 17 State of California, and bring this action on behalf of themsalvw 18 and all other taxpayers of the said County sinilarly situated. 19 IZ 20 Respondent County of Contra Costa is a political subdiv 21 organized under the laws of the state of California. 22 III 23 The Board of Supervisors for the County of Coutra Costs. 24 State of California. said Board of Supervisors eating as a Doar6 of 25 Equalization for the said County and E. jr, wanaka, Assessor for the 26 said County, era All elected officials duly elected by the voting 27 public of the County of Contra Costa. 28 ZV 29 Defendants and each of thew we ahasged with the legal.dgty 30 of insuring that all property taxation within the County is done 00 31 the basis of assessment at an equal peresnta" of the full cash or 32 fair market value of said pProperty. I I d ! V 2 At all times mentioned bersin respoiWent E. F. wanaka as i I 3 Assess". has Waintaiaad that assess■yats within Contra Costs are 4 dons at 259E above fair market value. 5 VI ! 6 SinOe the filing of the C01trto* Ofd= SYstaiAS dsenirres 7 dated January 17, 1969 heroin, petitioners have retained an Lade- 8 punt appraiser who has compilaa a schedule of recent sales of 9 industrial property in west Contra Costa County and the results of> 10 said survey are listed on a verified summmy whicb is attached btr 11 t * marked Sxhibit -A-, and incorporated by reference herein. 12 VII 13 According to the most recent tri-annual report of the Cali 14 fornia State board of Equalization, the Assessor applied, to rural 15 land within Contra Costa County, on the 1966 lion date, a mediae 16 assessswnt ratio of 16.4% (assessed value to fall cash value), whi 17 at the same time assessing other classes of real property at the 18 following ned"M ratios of assessed valve to full cash values 19 vacant residential 20.09E 20 Improved residential 21.1 21 Commarcial 22.9?L 22 industrial 24.29E 23 This discrepancy between the ratio at whiQh rural properties are 24 assessed as compared with the ratios at which the other clas060of 25 real property are assessed is contrary to the Constitutional aDd 26 statutory mandate that all classes of seal peoperty must be equally 27 assessed. This dep=rturo of the Assessor from that mandate conte 28 totes an abuse of his discretions. 29 Vt2I 30 by reason of the matters set fortis in this ,petition, the 31 respondents Board of supervisors and Board of Sgsalization may se 32 sonably conclude that the only manner of iasurisg that all taxable 1 I real properties in the Coa+nty are properly assessed is to appraise 2 Or reappraise ale uni=Proved industrially sowed seal pcopWty sad 3 all zMal land in the Cousaty. 4 IX 5 A series of derands have been ands by pstitioeaers uyoa . 6 defendants and most recently on April is 1969• petiti�oiess 7 a demand by marl on said defendants d—adiaq said s+eappaeaisalo. s 8 copy of which dsrand is attached hereto• auk" ixbibit W* and . 9 iaoorporated by reference beroiu. Said desands specifically de.. 10 marded relief outlined by the Court in its osdw of Jaau oy 170 11 1969, specifically remostum action Modes ler o and uaation. 12 Cog♦ Sedation 16000 et. seq. 13 x 14 respondents have not ooaaaaplied with a w dauft" of pati-. 15 timers and petitioners acoordiagly have no nNeft other tbft lriw: 16 instant lam+ cation. 17 18 it has boon and is necessary for petitioners to obtain the. 19 services of ataotwo for the purposes of t am PrOgow- 20 tib of this petition for grit of mandates cad pstitlmers. bave 21 taiirsd D=glas L. Loaf and the law girt O! Sroads Matosnd. sand 22 XMurie as their attoarseys for the t aad pros tLoo o! 23 thais � • 24 wauroas, petitioners prays 25 1. That a writ of mandate be Leased Sawthvith Compelling: 26 defendauts and each of tbsn imajdstsly to eatage an iadepoAdeat. 27 out of Camaty, qualified. appraiser to ooedsat On re- 28 assesset of all in4atrially zoned lmd Sm Wast Coaatsa. Cosh 29 Couatys and all sural land in said County. 30 2. Fos a reasonable attorneys' fee b Welue 31 3. For costs of snit boxein. 32 -3- 47k 1 4. For such other aad lutthst rOlis9 as tht CoAMC " 2 dam just in the prOmises. 3 DATED• April 1,, 1969. 4 5 BD ID, aUST8AITD= i-swum 6 DODQS 8. LOFD 7 Sy: DOUGLAS E LORD l 8 71tt4sasys �s Petitionass 9 10 11 12 13 14 15 16 1? .17 18 19 10 21 22 23 24 25 26 27 28 29 30 31 32 -4- e ,� e OF SERVICE BY i(AM-10132,ZO1S.S G a •� I as a citizen of the United Stant and a resident of Abe corny of Contra oS ►am over the a e Ww g of eighteen years and sot a party to the r7tl�in aboer entitled action;s�rli addrefr if. 200 - 37t.'i z5t. , Richrov.l, Calif. vn aril Z, ,19-f_3 I,wwwttir.alm. First Amended Petition, For =•ori t of lviardate on t .;s. of COrI tra CO :'.S .t� by placima a tyre cepj tbweof cttc%x�i iR a f�leJ eearli/r '.,3• r{j83, 331tS Ex'lt� CDtit tr%tb p suSe Hereon filly prepaid,it Abe United Stales pmt ejse ttta box st Rz C lt"stOi:Cj, . ca i fon)la addreried at foUomt: District cttorrey of contra .osta Broad, Busterud & Y.hourie Court Rause (box 67.1)) 1621 Russ Bui:ldinq r,artine-, California sax; Frar.Lisco, Calif. C-14y(or declare),Mader PMAby .. (nese srrt be typed or primed) of perynry,*that the foregoiad it Arme and correct. Exettwed on hprii 1, 19 �! �l^_.'1.:7i:J (dare) (place) IMNCY F WHI c s%enotsn► sproo/of rersdct h se-7 forst,brims Ahmad rmd-pesdtr of P-1-7,do nor rgnire moter=MW& ATTORNEYS PRUNING SUPPLY FORM NO.It DouGLAs E. LORD - ATTOQNILY AT LAW 100-37TH ArrORGAM RICHMOND.CALIFORNIA 04606 zlz TSLww � Nc 14131 135-3070 s- April 1, 1969 a� { E. F. Wanaka,. Assessor County of Contra Costa Administration Building r Martinez, California Re: Siri V. Board of Supervisors 0103511 Superior Court, County of Contra Costa Dear Sir: I am writing as attorney for the petitioners in the above-captioned Court action, and hereby demand, as a specific attempt to.exhaust all administrative remedies in this law suit, the following action y upon your part: y . 1. Attached hereto is a verified summary of industrial sales with- in the past few years, column 12 of which summary, indicates i< the percent of assessed value to sales price. As you will note, in no case does the percentage of assessed value to sales price equal the stated percentage announced by the County Assessor, , to-wit the sum of 25p. Most of these figures reveal a percent of assessed value to sales price greatly below the required 25%' 'figure. Accordingly, petitioners hereby demand that all of s these industrial parcels be immediately reappraised and since '£ these parcels reveal a trend in under-assessment of industrially zoned property, it is also demanded that a complete reappraisal ,z be done immediately of all industrial property in West Contra s Costa Countv. 2. As a result of the foregoing facts, it is hereby demanded that action be taken by the Board of Supervisors under the provisions of Revenue and Taxation Code Section 1600 et. seq., and that an appraisal commission be immediately established with the report s and recommendation back from them within two (2) weeks. ` r t x t M" i. { r -Siri V. Board of Supervisors Page: '-2- 3. According to the most recent tri-annual report of the California r State Board of Equalization, a copy of which has been provided to the County Assessor by said State Board, the County Assessor: *y' xrF of Contra Costa County is presently assessing rural' land 'at, a figure much less than the 25;6 announced ratio, to-wit .the sum of 16.4%. s Demand is made by petitioners for immediate reappraisal of all said: = «w rural land by an independent, out of County, appraiser; and demand is also made that the remedies of Revenue and Taxation Code Section 1600, `, et. seq. be applied to this classification of land. It is specifically demanded that action be taken on this matter with out further demand or personal appearance before the Board within the , period of two (2) weeks. Ve t ly yours, f� y DO E DEL:�l Enols: r IA cc:. 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Board of Supervisors . The Board having on April 3, 1969 received a copy of a Letter to the County Assessor from Attorney Douglas E. Lord, 200 - 37th Street, Richmond, California with respect to Superior Court Action Number 103511, Siri vs . Board of Supervisors; On the recommendation of the Acting District Attorney , and on motion of Supervisor T. J. Coll, seconded by Supervisor A. M. Dias, IT IS BY THE BOARD ORDERED that the Clerk is directed to request Mr. Lord to provide the Board with a copy of the "verified 'summary of industrial sales" which he indicated was attached to his letter but which was not affixed thereto. The foregoing order was passed by the following vote:, AYES: Supervisors J. P. Kenny, A. M. Dias, T. J. Coll, E. A. Linscheid, J. E. Moriarty. NOES: None. ABSENT: None. 1 hereby certify that the foregoing is a true and correct copy of an order /ered an the mkwtes of said Board of supervisors on the date aforesaid. cc: District Attorney (2) Witness my hand and the Seal of the Board of County Administrator County Assessor Supervisors affixed this_ atla-doy of Aril , 196 . P ASCH, Clerk By - Deputy Clerk H 24-7/68-I0M i CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: STEVE ADAMS, c/o Rudolf Winkler, Attorney Attorney's Address: 8500 Wilshire Boulevard, Suite 1010, Beverly Hills, Calif. 90211 Attorney: Rudolf Winkler, Attorney at Law Amount: $200,000 Date Filed: January 90 1969 By delivery to Clerk By mail, postmarked an. 6. 1969 (Bevery a I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy Attached is a copy of the above claim. Does it comply substan- tially with Government Code Sections 910 and 910.2? DATED: January 9, 1969 U. T. PAASCH, Byro Las _ini II. Deputy II. FROM: Office of the District Attorney TO: Clerk of Board of Supervisors _ Above claim complies substantially with Government Code Sections 910 and 910.2. Above claim FAILS to comply substantially with said Sections; Board may not act on claim until 15 days after notice is given by this office. We recommend referral to A County's general insurance carrier; ( ) insurance carrier for Buchanan Field; ( ) other insurance carrier specified below; ( ) District Attorney. DATED: -1-1.3- 6.9 JOHN A. N EJEDLY, By Deputy III.FROM: Clerk of Board of Supervisors TO: ( 1) Public Works Department, -Attention Business & Services Manager (2) District Attorney, Attention Chief Civil Deputy Attached are copies of above claim which was REJECTED by the Board of Supervisors on January 21 . 1262 (copy of Board Order also attached) . Please forwarthis claim to the County' s general insurance carrier (or J . Claimant notified of this action per Government Code Sec tion 913 on January 22- 1969 , and memo thereof filed and endorsed on claim, per Government Code Se tion 297 3- DATED: January 22, 1969 W. T. PAASCH, By r eEN IV. FROM: ( 1) Public Works Department (2) Office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement III. DATED: Ta-�- ;)P- 1969 Public t•Iorks, By 67 DATED: ijan. 220 1969 District Attorney, By��� D A.?/-Gl" April 9, 1969 cc: District Attorney Assessor Administrator Mr. Douglas E. Lord Attorney at Law 200 - 374#.-h Street Richmond, California 94805 Dear Mr. Lord: A copy of your letter to her. E. F. Wanaka, County Assessor, with respect to Superior Court Action Number 103511, Sift vs. Board of Supervisors, was received in this office on April 3, 1969. Although you indicate that a "verified summary of industrial sales" was attached to your letter, none was received. I have been directed by the Board to request that you send a copy of the list to which you referred. Very truly yours, W. T. PAASCH, CLERK By Aileen Elder Deputy Clerk WrIP:ae ........,.a++..r - � 19D 7 40559 i F ,«rvtg aFM' April 3. 1969 t,At tivgl CALF. SIX \.. Mr. Douglas 8. Lard r 200 37th Street #' Richnond„ California 94805 Dear Mr. Lords Z pave your letter of April 1 concerning the Qstablisb,' sent of a reappraisal commission in Contra Costa County. t. There is# however, no list jof,industri_a�l,sa110 upon which you base your request. It will be necessary for to have this information before a proper evaluatioe Of' your s R t request can be •ade. jr t. Very truly yours, ` S. F. WANAKA � . County Assessor 9 P rat T49 ' 44 C&)41-1 :­....... i� J DOUQL,ns E LORD . ATTORNLY AT LAW 100-37TH STRICT RICHMOND.CALIFORNIA 3+606 TiLCPMONi 14131 a3S-3370 - April 1, 1969 X EGEIVED - ,off T. AASCM CLE BOA OF SUPER S E. F. Wanaka,. Assessor COSTA By County of Contra Costa PAY Administration Building N,artinez, California Re: Siri v. Board of Supervisors IM103511 Superior Court, County of Contra Costa Dear Sir: I am writing as attorney for the petitioners in the above-captioned Court action, and hereby demand, as a specific attempt to exhaust all administrative remedies in this law suit, the following action upon your part: 1. Attached hereto is a verified summary of industrial sales with- in the past few years, column 12 of which summary, indicates the percent of assessed value to sales price. As you will note, in no case does the percentage of assessed value to sales price equal the stated percentage announced by the County Assessor, to-wit the sum-of 25°!. Most of these figures reveal a percent of assessed value to sales price greatly below the required 25; figure. Accordingly, petitioners hereby demand that all of these industrial parcels be immediately reappraised; and since these parcels reveal a trend in under-assessment of industrially, zoned property, it is also demanded that a complete reappraisal be done immediately of all industrial property in West Contra Costa County. 2. As a result of the foregoing facts, it is hereby demanded that action be taken by the Board of Supervisors under the provisions of Revenue and Taxation Code Section 1600 et. seq., and that an appraisal commission be immediately established with the report and rEconlalendation back from them within two (2) weeks. kii J - v5li' 4 MA if, -Siri v. Board of Supervisors Page -2- , 3. According to the most recent tri-annual report of the California: ? s„ State Board of Equalization, a copy of which has been provided to the County Assessor by said State Board, the County.Assessor z�f of Contra Costa County is presently assessing rural. land at..a, ; figure much less than the 25/ announced ratio, to-wit the sum of : 16.4 . r: Demand is made by petitioners for immediate reappraisal of all, said . rural land by an independent, out of County, appraiser; and demand is also made that the remedies of Revenue and Taxation Code Section 1600, ' et. sea. be applied to this classification of land. It is specifically demanded that action be taken on this matter with- 0 u- ith-out further demand or personal appearance before the Board within the period of two (2) weeks. Ver t E ly yours, DO If DEL:N-7 Enols: ;< cc: Board of Supervisors Board of Supervisors sitting as a Board of Equalization r 111/ CONTRA COSTA COUNTY CLERK'S OFFICE Inter - Office done Oats: April !f, 1969 To: District Attorney Frog: Assistant Clerk of the Board, G. Russell, by D. LAZZARINI &6j@ct• Attached Copy of Suirmions and Complaint Attached is copy of Complaint No. 113890 together with copy of explanatory memo from Walter F. Young, Sheriff-Coroner. We are transmitting said material to you for your determination of the possible intenties of the City of Pleasant Hill in forwarding the complaint to the Sheriff, and for your Instructions to this office as to the procedure to follow in the matter. On April 1s 1969 the Board adopted an order to provide legal defense in behalf of Warren Rupf, Deputy Sheriff named as a defendant in the complaint. di Attachments cc: Walter F. Young, Sheriff-Coroner Attn: John W. Kirschner, Acting Undersherif! ` CONTRA COSTA COUNTY Inter-Office Memo TO : Clerk of the Board of Supervisore DATE : April 281969 FROM : Walter F. Young, Sheriff-Coroner By: John W. Kirs5hner, Act. Undersheriff SUBJECT: Coaplaiu ', Attached 18 Covplaij* No. 113890, Mario G. Baral, Janedelo N. Harsi, Steven L. Stevens, vs. City of Pleasant Hill, Warren' $npf, and Doe Y through V. This complaint was forwarded to ux froz the City of Pleasant Hill. JWK/hva CCs John A. Nejedly, District Attorney. City Manager Lee Walton. RECEIVED VED '3 14:�q W. T AASCH of suP �w�o i' Dom" CJUNTY CLZRK'S JFFICF. CJNTERA COSTA COUNTY Inter-office He no DATA: April 3, 1*9 TO# Office of the District Attorney Mks s 'W. T. Paas ch, Clerk SUWZCT s Action No. 114#151 of the Superior Court of the State of California, in and for the County of Contra Costa, EDKARD PIPPIN vs COUNTY OF CONTRA COSTA, et al. Attached is copy of Complaint for Medical .. Malpractice and Summons _ . in the above-entitled action. Received copy of°abov - mentionW & this 3rd day`of A tprl 196 ; for ttr d• ct Attorney. _66-12-500 Fora 8.4 } CLAIlt1 AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: Eureka Federal Savings and Loan Associj)tion of San Francisco Address: 4610 Mission Street, San Francisco, California 94112 Attorney: Amount: $27,420.99 Date Filed: April 1, 1969 By delivery to Clerk By mail, postmarked March 28. 19T9_ I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy Attached is a copy of the above claim. Does it comply substan- tially with Government Code Sections 910 and 910.2? DATED: April 1, 1969 h►. T. PAASCH, By Dorothy .acini II. Deputy II. FROA: Office of the District Attorney TO: Clerk of Board of Supervisors Above claim complies substantially with Government Code Sections 910 and 910.2. Above claim FAILS to comply substantially with said Sections; Board may not act on claim until 15 days after notice is given by this office. We recommend referral to (>Q County's general insurance carrier; ( ) insurance carrier for Buchanan Field; ( ) other insurance carrier specified below; ( ) District Attorney. DATED: 3/_3— gg 9 JOHN A. N EJEDLY, By Deputy III.FROH: Clerk of Board of Supervisors TO: ( 1) Public Works Department, Attention Business & Services Manager (2) District Attorney, Attention Chief Civil Deputy Attached are copies of above claim which was REJECTED by the Board of Supervisors on April 8, 1969 (copy of Board Order also attached) . Please forward this claim to the County' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on April 8. 1969 , and memo thereof filed and endorsed on claim, per Government Code Section 29703 DATED: Apail 8. 1969 W. T: PAASCH, By Deputy IV. FROM: ( 1) Public Works Department (2) Office of the District Attorney T0: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement III. DEED: Aprii 8, igbg Public Works, By DATED: April 8_ l qAs District Attorney, By' Deputy April 8, 1969 Mr. Thomas J. Davids, Vice-President Eureka Federal Savings and Loan Association of San Francisco 4614 Mission Street San Francisco, California 94112 Dear Mr. Davids: Enclosed is a certified copy of an order of the Board of Supervisors denying your claim for damages which was filed in this office on April 1, 1969. Very truly yours, W. T. PAASCH, CLERK By Dorothy Lazzar ni Deputy Clerk di Enclosure F .4 t RECE►VED CLAIM AGAINST THE COUNTY OF Ai* f 12s CONTRA COSTA CONTRA ;;Go+:, COUti71f +1li0tiOh-GON+ROLLrR pEpr TO: Controller of Contra Costa County County Courthouse, Martinez, California; and Clerk of the Board of Supervisors Administration Building, Martinez, California Claimants Name: Eureka Federal Savings and Loan Association of San Francisco Claimants Address: 4610 Mission Street San Francisco, California 94112 Claimants Phone No. 334-4600 Amount of Claim: $27,420.99 Address to which Notices are Eureka Federal Savings and Loan to be sent: Association of San Francisco 4610 Mission Street San Francisco, California 94112 Date and Place of Occurrence: On or about March 13, 1968 at 39 Franciscan Way Kensington, California How Damage Occurred: A storm drain located in Claimants backyard and maintained by the Contra Costa County Department of Public Warks broke flooding Claimants home and the foundations thereunder causing subsidence and extensive damage to the structure. Itemization of Claim: The claim is based on the full loss"of the.first lien which this Claimant has on the proPerty. This claim is being filed at this time.since the matter was recently brought to the attention of the claimant through the application for additional funds to repair,damage to the house caused by the negligence of the County.in the-` construction and failure to repair the,storm pipe. EUREKA FEDERAL SAVINGS AND LOAN ASSOCIATION OF SAN FRANCISCO DATED: March 28, 1969 By c Thomas j. Davids, Vice-President FILEU APR 1 W. T. PAASCFi CLERK BOARD OF SupERVISORS TR COSTA g0. By _ _ D.puty '. Office of COUNTY AUDITOR-CONTROLLER Contra Costa County Martinez, California April 1, 1969 TO: Board of Supervisors FROM: H. Donald Funk, Auditor-Controlle SUBJECT: Claim Against Contra Costa County, Flood Dsages to 39 Franciscan Way, Kensington, Property Attached is a claim against the County for damages sustained by property in Kensington, alleged by the claimant to have been caused by flooding from a County drain. It is submitted to you for your official handling. , The claimant, Eureka Federal Savings and Loan Association of San Francisco, has been notified of this transmittal. HDF:mp cc: Public Works Department District Attorney County Administrator Enclosure CEI ]ED APR 2 1969 W. T. PAAS::H CLERK BOARD OF SUPERVISORS ONT 7A Co. By CLAIM AGAINST THE COUNTY OF Coo=COMA TOs Cbtdroller of Contra Cost&COUMY Courtly Cousthousa, Martins, CaUfcrnls; and Clark of the Board of Suparvisc m dation BtdkunQ, Martin", CaUfarAia claimants Nates: Euerlcs Fidaeal 8ariep! sd:Lo9s�Aaaoofation of San Fraooi.ao Claimants Address: 4610 M"llis SK�sst' San Fsaoois000. Caltfunks 94111 Claimsets Plane No. 834-4100 Amount of Claim: $270410.99 Address to wbwh Notions mate Eu�s�ta Federal Sevin os aced.Loan to be a": Associatun of ono Francis" 4610 Mission eerSst San Pranalseo, Caft3el" 94112 Dais and Place of Occurrence: On cc about Mar" 13,..1918 aR 39 Pfraaoisoaa Way Itsosinpton, Cantonal Sow Damage oceis:+sd: A star's drain located is Clsfmrts.backyard mad by the COMING Carta C011Ky D,pstaoyat at bila wgeic. b�oiod l�oortiq Claisnos and noand the ta�datloas t777- e7 ss cawing subsidsno� sod-axteesiw damps to lbs stnwturlso mstaisatloa of C3sim: Un Claim is brad era*& fullaoss of tic first: igen why thtd Cldetat hr,on-tlr pity: Tnis claiar ss bslOp:fiMd at this tlr sloios tlr zstae was esosatly brougbE.to t!r ataaittoo d the CAGIM lk tweask thil addltlowl f wl-i t0 Ailsa d�7-777YC't0 ttia}nOYN caused by the aplw *:001 Ca>oty i.thr canstruouoo and falbn to npsirthr alarm pros. EUREKA MDEi1A1.SWOM:AND ISN;. �soc�o� of a� rw�cseco. . DATED: Ma .19. 9 BY Mar ,9 / Thomas J Davids, Vice-Prosid�get Zyrc/o 7-5-ed` I L E D SPR 1 - 1963 W. T. PAASCN - QLrVIK BOARD OF tU'ERY16GRt CON RA OCTA CQ i3Y• DM�W ♦iii•iisiisYY � -� t v, GD "'I � V WOO o �> a WIL '° oO s 19 $ a ♦. tCJCO mU . 3Y i� '"`� w Q N tdJ f Z 4Q � SSW,-- vs in 0 w .,y Z o a cD 0 �. to O Coy C m E : U4 � ZI IVS VINHOM-1VO'03SIONVU4 NVS • 133!!15 NOISSILWOtir ODSIDN"d IT'S JO NOLLVIDOSSV NKO'I QNY - Y_ •"zr c r huN:�'mF:@e.�x2s'fi� �'' 4 � � D A C.7VNPy CLMK'S JFFIC:. CJN R- A cogra Counry Inter-office kiwao Dil1TB: March 27 1969 fi? TO& office of the District Attorney X11.. T. Paasch, Clerk f suwwTs Action No.MO of the Supesios Cbust o the State of California, in and for the oxmty of Contra Costa, mr _ ttTtl3t �NTT�Rv "TIM vs. CrONTFU COSTA COUNTY PIQOn CONMOL AND WATER CONSERVATION -DISTRICT,. e:G el« :. �*•tf*!�!!!!!!!!!!!!!!!!!!!*tfef!!f!f!!•!lAiff�l�i*lflft•i�f• Attached is copy 7f (V-on% ...7mi wt In the above-entitled action. eceived c*py,of .above f alentioned�doeus>s�ts�thts` dry tt,9*0m1ww for t►ttosnsy. 66-12-500 fors 8.4 =s z , CLAIM AGAINST CONTRA COS'T'A COUNTY Routing Endorsements Claimant: Mr. Walter H. Costa Address: One Maritime Plaza, San Francisco, California 94111 Attorney: Amount: $761.03 Date Filed: March 17, 1969 By delivery to Clerk By mail, postmarked March JU, 1969 I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy Attached is a copy of the above claim. Does it comply substan- tially with Government Code Sections 910 and 910.2? DATED: March 17. 1969 i1. T. PAASCH, By II. Dorothy za eputy II. FROM: Office of the District Attorney TO: Clerk of Board of Supervisors _ Above claim complies substantially with Government Code Sections 910 and 910.2. Above claim FAILS to comply substantially with said Sections; Board may not act on claim until 15 days after notice is given by this office. We recommend referral to (X) County°s general insurance carrier; ( ) insurance carrier for Buchanan Field; ( ) other insurance carrier specified below; ( ) District Attorney. DATED: - y- C. JOHN A. N EJEDLY, By eputy III.FROH: Clerk of Board of Supervisors TO: ( 1) Public Works Department, Attention Business & Services Manager (2) District Attorney, Attention Chief Civil Deputy Attached are copies of above claim which was REJECTED by the Board of Supervisors on April 1. 1969 (copy of Board Order also attached) . Please forward this claim to the County' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on April 2. 1969 , and memo thereof filed and endorsed on claim, per Government Code Section 29703. DATED: April 2, 1969 W. T. PAASCH, By Dorothy Lazzarini Deputy IV. FROM: ( 1) Public Works Department (2) Office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement III. DATED: April 2. 1969 Public Works, By DATED: April 2, 19 9 District Attorney, By Deputy Agri1 2, 1969 Nr, Walter H. Costa One Maritime Plaza San Francisco, California Dear ;'r. Costa: Enclosed is a certified copy of an order of the Board of Supervisors denying the claim which was filed in this office on `larch 17, 1969. Very truly yours, W. T. PAASCH, CLERK B Borothy Lazzarini Deputy Clerk dl Enclosure 4 fl t� ME i G^ CC Ct W QY cn ar�►►arrr N 1 SCD e53 1�tt'`SCO V b cIs f J � h v a +`s U o to to U 44 O Oto U co to t p 6 LR. tY 't J N = N t 0 i U mLAJW a : i m i �. t ONE MARITIME PLAZA .I AM" owi"S III Neffi" ARCHITECTS/ENGINEERS SAN FRANCISCO.CALIFORNIA 94U1 WALTER H.COSTA.A.I A. ASSOCIATE PARTNER FILED March 13, 1969 1969 Contra Costa County W. T. PAASCH Board of Supervisors CLERK BOARD OF SUPERVISORS STA CQ. 651 Pine Street BY °W"ty Martinez, California Subject: Brook-Dewing Culvert Project, Lafayette Gentlemen: On January 13th, at approximately 9:00 A.M. , a flood occurred which inflicted considerable damage to the duplex at 924-26 Dewing Avenue, which I own. Damage was sustained in both units of the duplex and required that a rug in the 924 unit be cleaned and the floors (which are concrete) be washed and rewaxed, and a wall-to-wall carpet in the 926 unit had to be replaced. The total cost for the carpet and floor cleaning and the wall-to-wall carpet is $761.03. I am enclosing copies of the vouchers for the cost of the cleaning and the new carpet. The flood occurred because of the construction at the Brook-Dewing intersection and the fact that an area drain on Brook Street became plugged and an excessive amount of water surged down Dewing, jumped the curb at the driveway of the duplex, and into the garages and kitchens of both units,and finally, into the dining/living areas of both units. Not only did the damage result in a monetary cost to me but also caused considerable inconvenience to the tenants of both units (who have already been inconvenienced because of the excessive length of time for the construction of the culvert. This letter is, therefore, a claim for damages sustained as outlined above. It is my opinion that the contractor was negligent in not properly preparing for a diversion of the water which coursed down the street due to the plugged drain. Ve l4Costa�, lter H WHC:pw cc: Contra Costa County Dpt. of Ptblic Works NATIONAL FUNITURE & APPLIANCE C11. l ;°� ° 30882 Nationally KneTrn Furniture of Quality and Distinction 2326 TREOWN AVE. 444-2112 Oakland,Calif.lKl:f rZiZ-.101— 1 g 1 �Z Name Address ' -City and State— to Plane QUAN. NUMBER ARTICLE AN10tlfiT '; IYO a, .. a < J'AgAwol } 3 3t rt Y $ i Y^ I Title to above merchandise remains With National Furniture i Appliance Company until paid in full. ni (be Surf Your Narne and Address Is Correct) WESTERN 90SINESS FORMS.1019 NO.MADISON AVE.,L.A..666-2330 - r 1 - - 6 R • j ' NATIONAL f USITURE & APPLIANCE 00 Invoice Inv 30883 Nationally Known Farnihrra of Ortolify oats Dbliactiea 2228 TELEGRAPH AVE. 444.2112 ��. �� Bill to: Oakland.Calif.94612 �J Cwt'3r .19"— Nome Name Address O �1f� J Cx tl�— City and State Terms: rt Ship to Phone S QUAN. NUMBER ARTICLE AMOUW J • / 04 Title to above merchandise remains with National Furniture i Appliance Company until paid in full (Be Sure Your Nome and Address Is Corred) WESTERN BUSINESS FORMS.1019 Nu.MADISON AVE..E.A..666-:330 . 4 t • D. M. HAWKS CO. Coy*w House and Window Cleaning Rugs and Upholstery Cleaning FLOOR SANDING and REFItNIS T?ING �4LOOR INSTALLED :: Hardwood — Linoleum — Tile ctco/%te- ,arc OL 2-2162 ATlantic 3-8405 Oakland, Calif. Lafayette, Calif. Hobe .._J?.'//--L9--- Namc - ..• Phone ............................ Address • City ---- - lo -A of - STATEMENT z ,A�'I : I * - CARPET SPECIALISTS CARPET SALES-RUG!FURNITURE CLEANING•ALTERATIONS!REPAJRS ON LOCATION CARPET CLEANING 2133 N.GROAOWAY. WALNUT CREEK.CALIFORNIA 94M PHONE: "d-3M OCLOVEAT QUAN. DESCRiPTiON PRICE FX\ F r ELECTION! r T 1 - PAiD CASH t DATE RtIf1NANC! C a,E C w L CNAm TOTAL d 0. Additional Service: � t NOTICE:All SoviCts PaftM11 At CoNeW 41011110tsk.1230 Pa Mom Pitt Pico!Swop Fit • CJtar/td After 30 Days.1%%Par Sort#bnriot CA•Et:On All Sills Nat Paid Vaitt 30 So& WE HONOR llftm*Cff i w• OFFICE OF THE SHERIFF CONTRA COSTA COUNTY WALTER F. YOUNG S"morr P0.sox 30f MARTINEZ. CALIFORNIA 9433 �� March 25, 1969 RE MAR 28 196�J W^ -f, p`AASCH BOARD OF TA CO.ERV160RS C4BRK N.I. Chairaaa Jeaes E. Moriarty Contra Costa County Board' of Supervisors Martinez, California Dear Chairmm Moriarty: Complaint #213890 in the Superior Court of the State of California in and for the County of Contra Costa has been served naming as as a defsedent An the case of Mario G. Barri, Jandele N.-Barri, Steven L. Stevens vs. City of Pleasant Hill, Warren Rupfp and Does I through V inclusive. These papers were served on march 21, 1969. Accordingly, under the provisions of the California Government Code, Section 825 and 995 I request that legal defense be authorized at county expense. Very truly yours, Warren. 8upf, Deputy Sheriff Walhva CC: District Attorney John A. Nejedly. t 1 GIA.MBRONI . HODGES ENDORSED FILED Attorneys at Law 2 1111 First ::estern Bldg. MARCH 10, 1959 1330 Broadway 3 Oakland, California 94612 : W.V. pAASN,_ ounty`Clerk 4834-6561 • 8y: J. Desmond, Deputy. 6 Af g IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, i 8 IN AND FOR THE COU3TY OF CO!HTRA COSTA 10 MAMO G. BARSI, JXIADALE N. BARSI, STEVEN L. STVE`S, 11 . Plaintiffs, NO. 113890 12 Vs. 13 CITY OF PLEAS '4 HILL, CO?4PLAINT 14 WARREN RU^F, Dws I, DO£ .I I, DOE III, DOE IV, DOE V, 15 Defendants. / - •16 FOR A FIRST CAUSE OF ACTION, PLAINTIFF r4I1RIU•G. BARS A=-GES: 1? On or about November '26, 1968 plaintiff duly presented to 19 defendant, CITY Or PLEASANT HILL a claim in the amount of $100,000 20 for the damages sought herein. .21 _ II 22 On or about Dacember 2, 1963 said defendant rejected said 23 claim in its entirety. 24 IIi 25 That at all times herein mentioned, the dependants, CITY or 26 PLEASMir? HILL, a municipal corporatio.z, duly organized and 27 e}:ist_ng under th=e lairs of the State- of California 28 IV 29 That at all tin-,a ;=-rein mentionad, WAR..-_•: RUPF, DOE 7, DD.,II 30 DU I11 , DOE _Y, an•i DO ' t Were e�•>alo,��e� -.�� or u�e:i::s c• •t? e •� J� h'•f'i'.� l:'. }�I�•1 �N+t2 TV __�l T.••j S•t1 1.t `, ' y.1 •t-« CITY C•.. i..J�..�• ..•L it_.;1, EL71,1 in do-- .c 1.-he ♦.!'i�%�J li.�•...C.:�i1 Gl,..t?..- :'ice 32 1 �I �.CLf .� T.Y;'.:?t:: 4:t� n i'�'7�3 and SC: Ct` Said agenic- an--1/c • ,1 1 V 1 That the true. names of the defendants sued herein. as- DOE I 2 through DOE V are unknown to plaintiff and when said. true. named ar . s 3 ascertained plaintiff will ask leave to,amend said•complaint-by 4 placing therein defendants true naves with the appropriate b charging allegations. 6'. VI , At all times herein mentioned each of the defendants was t>and/or _er�ploy`e of each of the remaining defendants 9` as .at all times -acting within the purpose and scope of said 10� agency and/or employment. 11' VII •12 On or about July 26, 1968 at 1699 Contra Costa Blvd., in the 13 City of Pleasant Bill, County of Contra Costa, State of California, ;: 14 defendants WARZ�-'Id RUPF, DOD I, DOE II, DOE III, DOE IV and DOE V, 15 wrongfully, unlace%fully and violently assaulted, beat and struck .16 plaintiff in and about the -face .and body-injuring.plaintiff as 17 follows: Plaintiff was caused to, did .suffer and sustain serious : 18personal injuries and that by reason -of the injuries inflicted , ,19 by defendants and each of then, plaintiff was wounded and suffered', :.; . 20 bodily pain and discomfort all_ to his general damaga in the suit 21 of $100 000;00. PlAintiff is informed and believes and on such 22 information and beliefs alleges that said injuries will result 23 in some permanent disability to hin. . 24, VIZI 25 That all of the foregoing acts of battery upon the part of 26 the defendants and each of than, we-re dorsa., cormitted and caused 27 by defendants and eac'.i of than :-Ath malice. and ill-gill and with 28 tiie intent and design of injuring and oppressing plaintiff and 29 for that reason plaintiff is entitled to and asks for $100s000.00- 30 100,000.0030 i �c d oxen 1 r . pun tat �.n �..�...p..o � damages. 31 W:i7" `:F0 nla ln"Alf -prays as h::-r?i nC1.-&r-ter set $h. 32 • 1 AS AAD FOR A SF.COVD CAUSE OF AC110n, PLAINTIFF, ALLEGES: 2 I - 3 Plaintiff re--alleges each and every allegation in Paragraphs 4 I t!irough VIZ and incorporates herein as though set out in full. .5 II G * At said tire ani place defendants and each of 'them did so. 7. negligently and carelessly conduct themselves., that dofendants a and each of them violently contacted plaintiff's person so- that a 9 plaintiff was caused to and did receive personal injuries. to III 11 By reason of said carelessness and ne3lisence of the defendant 12 and each of there, plaintiff was caused to and did suffer and 13 sustain personal injuries all- to his ganeral damage in the sul- of . 14 $100,00.00. Plaintiff is informed and believes and on such } 15 information and beliefs alleges that saia injuries will result 16 in some permanent-disability to him. 17 WHEREFORE, plaintiff prays as hereinafter est forth. 18 AS AID rOR A THIRD CAUSE OF ACTI A s PL.�lIN T I i F ALLEG S 19 I 20 Plaintiff re-alleges each and every allegation contained in 21 Paragraphs I through `VII anal• incorporates herein as though set 22 out in mull.` 23 II 24 At said time and place defendants and each of thea., seized 25 on plaintiff's person; accused him of having obstructed defendant 26 WARREN WJPr in the alleged dischzrge of a elute of said ,1AMREN 27 RUPF's office and acccised him of the battery co--_itteA upon the 28 person of D PM'Y .W_?1RRE'1I ems.;JPF; iT:enadi ataiy thereafter defendants 29 and each Of them, fo,cibly against plaintirt`f's will and wit:out J0 his consent and over his protest alacai him in an a:itonobile and 31 transport him to t:� City Jail in the City of Pleasant gill, 32 -3- I I County of Contra Costa, State of California. - r .3 Said charges were wholly false; plaintiff did 'not bbstruct 4 said defendant RUFF or anyone else nor did he cor.mit battery upon -5 said defendant RUFF or anyone else and was wholly innocent of any . 6 crime changed against hire by defendants and each .of there or of ? any crime which made hila _subject to arrest or imprisonment. " IV e In making, such charges and causing said• imprisonmant, defendant, 10 acted with deliberate malice and for ther-purpose of holding it plaintiff up to public disgrace and destroying said plaintiff's 12 -faith and confidence in plaintiff; by reason of- the foregoing ! 13 plaintiff was arrested and ridiculed and was held up to public 14 disgrace and said public's faith and confidence in plaintiff 16. was materially and adversely affected and thereby plainitiff was -16 damaged in' his business. - 1? V 18 8y reason of -the premises plaintiff has been damaged' in _the 19 suns of $100,000000. _ - 20 VI -21 That all of the foregoing .acts of battery upon tho" cart of 22 the defendants and each of them, were done, committed and caused 23 by defendants and each, of them with malice and ill-will and with 24 the intent and design of injuring and oppressing plaintiff and 25 for that reason plaintiff is entitled to and asks' for $100,000.00 26 punitive and exemplory da-mages. 27 WHEREFORE, plaintiff prays: 28 1. Gene;.al damages in the sum of $100,000.00. 29 2. Punitive do-cages in the sur. of $100,000.00. 30 3. Costs of suit herein. 31 z. For such relief as the co-jrt deers proper in th-a 32 1 1 COME'S i`OW PLAINTIF F e Ja?JAMLE :J. 3ARS2, WHO ALLEGISS AS POLL'O:IS 2 AS AND FOR A FIRST CAUSE OF ACTIONS PthINTIFF ALLEGES: . 4 On or about November 26, 1968 plaintiff duly presentedto 5 defendant, CITY OF PLE<1SXVT HILL, a claim in the amount of 6 $100,000.00 for tho damages sought herein. 7 II r 8 On or about December 2, 1968 said. defendints rejected said 9 claim in its entirety. 10 III 11 That at all tines herein me::tioned, the defendants, CITY OF. 12 PLEASANT BILL, a municipal .corporation, duly organized and 13 existing under the_ laws of the State of California. 14 IV 15 That at all times herein mantioned, WARREN RUPF,'DOES I, DOE I . 16 DOE III, DOE ISl, WMD DOE v Frere employees find/or agents of the . 17 `CITY OF PLEASANT .HILL, and in doing the things hereinafter descrited>. 18 acted within the course and scope of said agency and/or emalo men1 19 V 20 That the true names of the* -defendants sued herein as Doe I 21 through' Doe V are unfino:,m to plaintiff and when said true nares a- e 22 ascertained plaintiff will ask. leave to urmend said complaint by 23 placing therein defendants true names with the appropriate 24 charging allegations. 25 VI 26 At all times herein men:-hoped each of the defendarst:s was 27 the agent and/or cmployee of each a` the remaining defendants 28 and was at all times acting within the Durposa and scope or said 29 agency and/or e::;,loymcn;:. 30 VII 31 On or juin 2Sr 35,62 at 1599 Contra Costa Sled. in Lhe _ r `�? Ci-v of P3easant 1:7.11, Count-,r O l-:3 i�:'i. Costa. State. U:-' Cal" i 1 defendants WARREN RUPF, DOE I, DOE II, DOE III# -DO:: IV and DOE .V,` 2 wrongfullyra unlawfully and violently adsautlesi, beat and struck 3 plaintiff in and about 'the face and body injuiing. plaintiff as •4 follows: -Plaintiff was caused to, did suffer and sustain serious 5 personal injuries and that by reason of the injuries inflicted 6 by defendants and each of theca, plaintiff was wounded and suffered '. . ? bodily pain and discomfort all to her general damage. in the sum a 8 of $100,000.04. Plaintiff is informed and believes and on such 9 infornation and beliefs alleges that said injures will result 10 in some permanent disability to her. 11 VIII ' 12 That all of the foregoing acts-:of battery. .upon- the part of 13 the defendants and each of then::, were done, comnitted and caused 14 by defendants and each of there with Malice and ill-will and with 15 intent-and design of injuring and oppressing plaintiff and for . 16 that reason. plaintiff is entitled to and 'asks for $1000000.00 "` 17 punitive and exemplory* damages. 18 i HER. EFOR, plaintiff prays as hereinafter set forth. - 19 .AS WID FOR A SECOUD CAUSE OF ACTIMI, PLAINTIFF ALLEGES: 20 > I ' .21 Plaintiff re-alleges each and every allegation in Paragraphs •22 I through VII and incorporates herein as though set out' in .full. ' 23 24 At said time and place defendants and each of then, did so 25 negligently and carelessly conduct themselves, that defendants ` 26 and each of the~ violently contacted plaintiff's person .so that 27 plaintiff was caused to and did receive personal injuries.` -� 28 III 29 By reason of said carelessness and negligence of. the defendan' s 30 and each of them, plaintiff i-,-as caused to and did suffer and J1 r s ,i i, c r; -ria:; a � her a i � sum�Lla►c. t C:fY O .•.� ii2:j., _.�,, ail O her C��:r2_ic: Gt:.1 ��. lri t`1 5�.�. Q{ 32in`cTmad and belic­;es an"" on such �j -5- 1 Information and beliefs alleges that said injuries will result. 2 in some permanent disability to her. 3 WHERErmm plaintiff prays as hereinafter set forth. 4 AS AND FOR A T1..IRD CAUSE OF ACTION,I plaintiff alleges: 6 Plaintiff re-alleges each and every allegation contained in Paragraphs I through VII and incorporates herein as though_set 8 out in full. 10 At said time and place defendants and each of them seized • 11 on plaintiff's person; accused her of. having obstructed defendant 12 wA aM RUPF in the alleged discharge of a duty of said WA.UE11 13 RUPF's office and accused her of the battery commited upon. the. 14 person of DEPUTY .NAPIIt a ZUPF; immediately thereafter defendants 15 andt_each of them forcibly against plaintiff's will 'and.without 16 her consent and over her.protest placed her in* an automobile and 17 transported her to the City Jail in the .City 'of *Pleasant slily, :18 County of Contra Costa, State of California. _ .lg . _ - • .III : : - 2U Said charges were wholly false, plaintiff' did not obstruct 21 said defendant RUPP or anyone else not did s'ie cashit battery upon 22 said defendant RUPF or anyone else -and was wholly innocent of any 23 crime charged against her by defendants and 'each of- them or of 24 any crime urhich made her subject to •arrest or imprisonment. 25 IV 26 -in-making such charges and causing said iin1 risonnent, defendan - 2 ' acted with dcAibsrate malice and for the purpose of holding 28 plaintiff .up to pub?ic disgrace ana destroying_ said plaintiff's 29 faith and confid3nce in plaintiff; by reason of, the foregoing 30 Plaintiff was arrested and ridiculed and ;gas held up to public 31 disgrace an6 said pub?ic's faith and confidonce in pl.aintif_ -ras T.'.atcxi'.:1.'�y ail Ll �: �� 1J cZ 'FL-'CLc.'. c:,.:� ts'12�eb'! Jla?n4?f_ wasG?" V -7- 1 • • 1 in her business. 2 V 3 By reason of the pre.-Ases plaintiff has- been damaged in the. • 4 sura of -5100,000.00. 5 VZ 6 That all of the foregoing acts of battery upon. the part of 7 the defendants and each of them, were done, committed and caused 6 by defendants and each of then with amlice and .ill-will and with 9 th© intent and design of injuring and oppressing plaintiff and 10 for that reason plaintiff is entitled to and asks for $100,000.00. 11 Punitive and exemplory darlages. 12 WHER.:FORE , plaintiff prays: _ lg 1. General d�.^aages in the sura of $100,000.00. 14 2. punitive damages in the sum of $100,000.00. 15 3. Costs of suit herein.. is 4. For such other relief as the court deems.proper in the 1.7 premises. 18 COMES HOT PLAINTIFF SiEVE� L. STEVENS, MHO .ALLEGES AS: FOLMIS: 19 AS AND FOR A FIRST CAUSE OF ACTIO?J, PLAINTIFF ALLEGES: 20 21 Oa or about November 26, 1968 plaintiff duly presented to 22 defendant CITY OF PLEASANT HILL, a claim in the. amount of 23 $100,000.00 for damages sought herein- 2 erein: 4 24 II 25 On or about Dcce:abar 2, 1968 said defendant .rejected- said' 28 claim in its entirety. 27 III 4 28 That at all times herein mentioned, t,ie defendants CITY OF 29 PLEAS 0NT 11ILL, a municipal -corporation, organized and 30 existing under the laws of the State of California. 31 IV t aL `11 tim.ar•�. herr• 2�.',G, jl�71y f.til;i`a ;.I izu-r �x: i Do—, ~'i . 3? 33 L,. L 1. v 4 a.V 112 .Z L.� d �:ti.• , r , ...i .L,-. '1 DOE III, DOE IV, and DOE V were employees and/or agents of the 2 CITY OF PLEASANT HILL, and- in doing the things hereinafter describ u 3 acted within the• course and scope of said-agency and/or employment - � 4 V - 5 That the true names of the defendants sued herein as DOE I ' 6 through DOE V are un) norm to plaintiff and when said true names arm-,: 7 ascertained plaintiff will ask leave to amend said complaint by . 6 placing therein defendants true names with the appropriate 9 charging allegations. • 10 VI 11 At all times herein mentioned each of the defendants was 12 the agent and/or employee of each of the remaining defendants 13 and was at all tines acting within the -purpose and scope. of said: 14 agency and/or employment'. 15 VII .16• On or about July 26, 1968 at 1699 Contra Costa Blvd. , in the, :17 City 'of Pleasant Hill, County of Contra. Costa, State of 'Californi ,. : 1$ defendants WARREN RUPF, DOE I, DOE II, DOE III, DOE IV,, DOE V, 19 wrongfully, unlawfully and violently. assaulted,• beat and struck- .20 plaintiff in and .about the face. and body injuring. plaintiff as. 21follor:s:. Plaintiff u-as caused to, did suffer and sustain serious 22 - personal injuries and that by reason of the injuries inflicted 23 by dependants and each of then, plaintiff was- wounded and suffered 24 bodily pain and discozAbrt all to his general damage in the sum. 25 of - $100,000.00. Plaintiff is informed and believes and on such =t- 26 infor Ation and beliefs alleges that said injuries will result 27 in some pernanent disability to him. 28 VIII 29 That all of the foregoing acts of battery upon the part of 30 the defendan-s and each of them, were done, co -m meted and caused 31 by c,i1:2 7^.zt O.. t c.:i with T.-i;l12Cr, a_ ll1'•':ii11 $%Q i•,��tl 32 intent a`di deli-un of injuring and oppressing plaintiff and for • ' 1 that reason plaintiff is entitled to and asks ,for $100,000.00 2 punitive and exenplory damages, - _ 3 WHEREFORE plaintiff prays as hereinafter set,fo=th. 4 AS -WVD FOR A SECOAD CAUSE OF ACTION, PLAINTIFF ALLEGES: S I 6 Plaintiff re-alleges each and every. allegation in Paragraphs 7 I through VII and incorporates herein as though set out in full. .8 ; II 9 At' said time and place. defendants and each of them, did so l0 negligently and carelessly conduct themselves,that.defendants 'll and each of them violently contacted. plaintiff's person so' that 12 plaintiff was caused to and did receive personal injuries,, . 13 ZZI 14 - By reason of said carelessness and negligence of t'he• defendan s,.- 15 15 and each of thea, plaintiff was caused to and did suffer and 16 sustain personal injuries all to his general -damage in the sun. of 17 $100,000.00. _ Plaintiff is informed and believes ani on such , .. . IS information and beliefs alleges. that said injuries will result 19 in some permanent disability to him. 20 WHEREFORE plaintiff prays as -hereinafter set forth. 21 AS WND FOR A THIRD CAUSE OF ACTIONp PLAINTIFF ALLEGES: 22 Z 23 Plaintiff re-alleges each and every allegation contained in -24 Paragraphs I throug;: .V11 and incorporates herein as though wet 25 out in full. 26 2I 27 At said time and place defendants and each of then:,, seixeac 28 on nlainti ff's person; accused him of having obstructed deft,aant• 29 WARM RUPF in the all_ege3 discharge of a duty of said -TATZIREN 30 RUP_''s office and ac,use:i iiia: of the battery committed upon tale 31 person of %EPU=Y RU:'L: ivL-ma lic,tely th ra,-:tf ter dote ndcants 32 and each of that--.-, forcibly against plaintiffs Till and without. u 1 . his consent and over his protest placed hint in an automobile and 2 transported him to the City Jail in the City of Pleasant Hill, g County of Contra Costa, State of California 4 5 Said charges were wholly false; plaintiff did not obstruct 6 said defendant RUPF or anyone else nor-did he comit battery upon 7 said defendant nupr or anyone else and was. wholly innocent of any F g crime charged against h-in by defendants and each of them or of g Any crime which Made him subject to arrest or imprisonment. 10 Iv 11 In making such charges and_causing said Inprisonm2nt, defends t 12 acted with deli` crate :Malice and. for, the purpose of holding 13 plaintiff up to public disgrace ane: destrojin.q said plaintiff's 14 faith .and confidence in plaintiff; by reason of the foregoing 15. plaintiff was arrested. and ridiculed and was held un to osblic .1s disgrace and said public's faiths and con'Aidence in plaintiff 17 was materially and adversely•affected and thereby 10 ntif f was lg• da-sacred in his business. 19 v 20 : By reasoa .of the prenises plaintiff has been idanaged in .the 21 sun of $100,fl00.00. 22 23 - That all vf the foregoing act_ of ?cattery upon the part of 24 the defenlants acid each o`. then , were done, *cc;m.mitted and caused 25 by defendants ana each of than with Malice and ill-will and with 26 the intent and design of injuring and oopressing. plaintiff and 27 for that reason plaintiff is entitled to and asks for $100,000.00 28 punitive and exe:,niory 29 WHMPEFOR3, plaintiff prays: _ 30 1. Gez•,__al danag^s in the sum. of $100,000.00. 31 2. Punitive ca-age in the sum of $1.00,000.00. 32 1 1• Costs o_`_ su4t he_ain. 1 4. For such other relief as the court deems: proper ire the 2 Premises. 3 DATED; ,X1"9. 5 ? rr /� I/, igTILLIAn C. 'HODGES g ! Attorney for plaintiff 10 13 - 14' 77 4' 15 - - 16 - 17 ' 19 20 21 - 22 23 24 '25 r 4. 26 27 28 29 30 31 32 Nar, Address and Telephone leo.of Attorney(s) Space Below for Use of Court Cler::Only GIA•IBROyI & IIODG£S Attorneys at Law 1111 First western Bldg. 1330 Broadway Oakland, California 94612 834-6561 Attorney(s)for ]?1aintiff IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF CONTRA CWTA . • . . MARIO G. BARSI, JANADALE N.. BARSI, STEVEN L. STEVENS, No. 113890 -, Plaintiff(s) tUMMONS - (Gewan CITY .OF PLEQSA*IT'HILL, WARE ME N RUPP, is DOE II DOE III DOE IV & DOE V. Defendants) (Full Title) THE PEOPLE Or THE STATE OF CALIFORNIA to the above named Defendant(s):. You are directed to file with the clerk of this court in which the above entitled action is brought-a written pleading in response to the complaint within ten days after the serviee on you of this summons, If served within the above named county, or within thirty days it served elsewhere(except that if,the action is against the state pursuant to Section 738.5 of the Code of Civil Procedure, within 180 days): You are ` notified that unless you so file a written responsive pleading,the plaintiffs)will take judgment for any money or, damages demanded in the complaint, as arising upon contract, or will apply to the court for any other relief de- manded in the complaint. - (SEAL) You may seek the advice of an 4ttorney on any matter connected with the complaint or this summons. Such : attorney should be consulted within the time limit stated In this summons for filing a written pleading to the complaint. T. •PAASCH, Clerk- Dated lerkDated WARCH 10, 1969 By f T, nFS*T�-ate _ . Deputy Clerk NOTICE TO THE PERSON SERVED (Secs. 410 and 474 C.C.P.): You are hereby served in the within action.(or proceeding)in each capacity checked below: ❑ On behalf of as a person upon whom the summons and a copy of the complaint must be served to effect service against said•party under the provisions of Code of Civil Procedure Section: ❑ 411(1) (as against a domestic corporation] ❑ 411(2) (as against a foreign corporation, or nonresident joint stock company or association,doing busi- ness in this state) ❑ 411(2.1) (as against a partnership or other unincorporated association) ❑ 411(22) (as against a foreign. partnership) ❑ You are also served as an indh idual ❑ As (or on behalf of) the person sued under the fictitious name of A pleading is a formal allegation of a claim or defense. C.C.P. Sec. 420. It must be in writing, in form pursuant to rule of court, and filed with the clerk of ti:is ccur:, tsi:h prof of se—nice of copy thereof on plaintiff or his attorne:, accompanied with . the necessary fee. (See reverse side for Proof of Service) FFM C'r'Jrovtd by t::! - 1ed:::�1 Ce_n iI of Ca:i:r:= or r. 11•_7 SUMMONS (Ge:erPl) Cede Civ.Fr=. Se:n't�'7.-1ir,41i,4::.1,47 e.c In the Board of Supervisors of Contra Costa County, State of California.. March 3$ in the Matter of Authorizing reimbursement for damage to personal property. Pursuant to the provision of Administrative Bulletin Number 313, and on motion of Supervisor A. M. Dies; seconded, by supervisor E. A. Linscheid, IT IS BY THE BOARD ORDERED that the Countyr Auditor-Controller is AUMORIZED to reimbvVpe Boamett J Ray, eymployee of the Public Works Department, for damage to personal property (hearing aid). The foregoing order was passed by the following vote of the Board AYES: Supervisors J. P. Kenny, A. M. Dias, T. J. Coll, E. A. Linscheid, J. R. Mori arty. NOES: None, ABSENT: None. 4 I hereby cer* that the foregoing is a true and correct copy of an order eMrnd on the mi wbs of said Board of Supervisors on the dote aforesaid. Witness my hand and the seal of the Board of cc: Auditor Supervisors Administrator affixed this --1811L-dayof r h . 146 Public Works1_C S. W. T. PAASCH, Cork By Do" Clerk Lourette M. Bonner H 24-7/68.10M - 49�b296 . RE3 EASE "D SETTLEMENT Co CLAIM For the %01C- consideration aicconsideration of dsiiwis the undersigned hereby releases and forever discharges TRAT LAM01 ','PCil 11FRY0 A P SIGN OF "FT I?i .IND I'vEm ns lyc.s t CCFXGF.ITIG+. and all other pawns, firms and corporations from all claims and demands, rights and causes of action of any kind the under- signed now has or hereafter may have on account of or in any way growing out of Personal Injuria(mown or unknown to n at the present time and Property Damage resulting or to result from an occurrence which happened on or about. us 66 19_, and do hereby covenant to indemnify and save harmless the said party or parties from and against all claims and demands whatsoever on account of or in any way growing out of said occurrence or its results lith to person and property. This release expresses a full and complete SETTLEMENT of a liability claimed and denied. remmiless of the adequacy of the above consideration, and the acceptance of this release shall not operate as an admission of fi"ty on the part of anyone nor as an estoppel, waiver or bar with respect to any claim the party or parties released may have against the undersigned. All rights given by Section 1542 of the Civil Code of California, which is quoted below, are waived by the undersigned. CIVIL CODE 1542: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settle- meet%ith the debtor." YOU ARE MAKING A FINAL SETTLEMENT Dated (1, 19 THIS IS A RELEASE: READ BEFORE SIGNIM., (11 WE(2) (/'� 'si9••••1 Ssta'cm; ^cation irsurarce to Fund o.�ror a,:ee to t3) (L.S.) parties.Faso ns6 ' STA CO ENS A q�d, UYRANCE FUND Cr elta.es herein Warred B T "t�.,.,�r L•S•) elands. ..,.,, ► e e ,. S I=or cause of action of Is OS t C0Re a1y kind Fr char2c er r.hatc%-a-A y e.11 Cr 64C-14R5 PUSA. otherwise. P. M TURN OVER—COMPUTE OTHER SIDE STATE OF CALIFORNIA. u• San Frnncisco City& p.�y anuary • she ► thousand'""` Co of ice-nu aa„at e drollon than ors Nls ,LiXt —nine o„asi.,o., and snwr�, �•sowolly a00el� Public, Sfots a arJa�' Veter 4 s Notary • .esbicribei is dw wakin � ' rupsad £ known to we to be the Wsaw•--'•'ahoc � ofd adkwowlcdAed to OW 1AW-•-- W---esecuted 9k td boa j ar j sped my of c+d sew IN WITNESS WHEREOF I Fr nclse ysy ad year b fids LUCILE M. ()UNNEY iw the r•;+y and —Co9My ot-----'-- P:OinRY PUBLIC CALc�rtiFcats jr:f abot►s -.. CITY N r COUNTY OF _ - $At: FRANCISCO Ord$PL Notary P1�b11� of California. My Cam Cowden s Form No.32� ,W-66)ted ley (C.C.Sec-1199) i • a SUPPLEMENTARY STATEMENT OF INTENT TO RELEASE UNKNOWN CLAIMS i By signing the release set forth on the other side of this paper, I intend to give up and discharge allrights and claims to` damages both to person and to property, even though some of such damages may tat have sbwwn themselves at the taste of acceptance of this settlement. i Dated 19— California 1 N/TE WN 91 HNISTUD TIE M011 w>c(2) �wrwro' ► i � ► (sin•.m.)ST OMP TIO NSURANCE FUND 3) John A. rwt�en's+�•► fSy�rrr► jedly, At Contra ;' A (3) Costa C unty by ! , r. SUBJECT To MMIDIT q FOR YOUR PROTECTION.... California Law, effective January 1, 1966, requires that the following provisions of Section 556 of the Insurance. c. Code be quoted in connection with this form: �a 556: It is unlawful to: f (a) Present or cause to be presented any false or fraudulent claim for the payment of a loss under a contract of insurance. (b) Prepare, make, or subscribe any writing, with intent to present or use the same, or to allow it to be pre- sented or used is support of any such claim. nq Every person who violates any provision of this section is punishable by imprisonment in the State prison not exceeding three years,or by fine not exceeding one thousand dollars,or by both. ,u ., .. �_..r��...�...•..�.e....:.r.. ,..'.: ,n .;....fir.: CLAIN AGALV ST CONTRA COSTA COUNTY Routing Endorsements Claimant: Loretta E. Bybee, et al. Address: c/o Werchick & Werchick, Attorneys at Law, 240 Second Street, San Francisco, California 94105 Attorney: Werchick & Werchick Amount: $300000 Date Filed: March 4. 1969 By delivery to Clerk by transmittal melone - from office of District Attorney who ap- parentl4 recgivejj it fr2 9aa HQAgUa1. I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy Attached is a copy of the above claim. Does it comply substan- tially with Government Code Sections 910 and 910.2? DATED: March 4. 1969 1.1. T. PAASCH, By II. Deputy II. FROA: Office of the District Attorney TO: Clerk of Board of Supervisors Above claim complies substantially with Government Code Sections 910 and 910.2. Above claim FAILS to comply substantially with said Sections; Board may not act on claim until 15 days after notice is given by this office. We recommend referral to ( ) County's general insurance carrier; ( ) insurance carrier for Buchanan Field; ( ) other insurance carrier specified below; ( ) District Attorney. DATED: 13- — C- C:) JOHN A. NEJEDLY, By Deputy III.FROM: Clerk of Board of Supervisors TO: ( 1) Public Works Department, Attention Business & Services Manager (2) District Attorney, Attention Chief Civil Deputy Attached are copies of above claim which was REJECTED by the Board of Supervisors on March 11. 1969 (copy of Board Order also attached) . Please forward this claim to the County' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec tion 913 on March 11 , 1969 , and memo thereof filed and endorsed on claim, per Government Code Section 29703. DATED: March 11. 1969 W. T. PAASCH, By -Nanc nhamV Deputy IV. FROM: ( 1) Public Uorks Department (2) Office of the District Attorney 20: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement III. DAZED: March 12, 1969 Public Works, By !/• DATED: March 12, 1969 District Attorney, Byc.Y.� 1 Deputy _ DotL�j( Ste` Y7 y'y7 ok rad, 2�; l5b5 z TO: Contra Costa County Hospital, the Administrator, Board of Directors, Governing. Body and all owners and operators of Contra Costa County Hospital: YOU, AND EACH OF YOU, WILL PLEASE TAKE NOTICE that the undersigned hereby serves and makes demand upon you for the cause and amount set forth in the following claim. Claimant's Name: Loretta E. Bybee and all the lawful heirs of Ellis Ray Bybee, deceased. Claimant's Mailing Address to which Notices are to be Sent: c/o Werchick § Werchick, Attorneys at Law, 240 Second Zptreet, San Francisco, California 94105. Claimant's Telephone Number: c/o Werchick Werchick, 982-2830. Amount of Claim: Special damages and expenses proxi- mately caused by the occurrence described below and general damages in the sum of $300,000.00. Place of Occurrence: The events involving the above- named agencies occurred at those certain hospital facilitiesknown as Contra Costa County Hospital. Date of Occurrence: During the period of about /November 23, 1968 to December 28, 1968. .'r -Description of Occurrence: Employees, servants and agents of said facility, including, but not limited to, physicians, radiologists and nurses, carelessly and negligently examined, diagnosed, treated and administered to claimant's deceased, Ellis Ray Bybee, while Ellis Ray Bybee was under the care of said hospital, physicians, nurses, radiologists and other personnel employed by said agency, proximately causing the death of Ellis Ray Bybee on or about December 28, 1968. Dated: February 27, 1969. k'ERCHICK & WERCHICK BV M L. elt -:,c.� FM IE Hd� - ILED Attorneys for Claimant D . {•tAR 31959 MAR 4 - 1969 DISTRICT ATTORNEY'S OFFICE w. T. PAASCH CLERK BOARD OF SUPERVISORS MARTINEZ BOS �RA- �QUtYCTRA COSTA COUNTY, CALIF. March 11. 1969 Werchick & Werchick Attorneys at Law 240 Second Street San Francisco. California 94105 5 Attention Mr. Michael Friedman, Attorney at Law Gentlemen Enclosed is a certified copy of an order adopted by the Board of Supervisors on the above date, denying the claim of your client, Loretta E. Bybee, et al., which claim was filed in this office on March 4, 1969. Very truly yours, W. T. FAASCH, CLERK �V Nancy Ingraham Deputy Clerk ni Enclosure CLAIIII AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: KEITH CAHILL c/o Baltimore and Long, Attorneys at Law Address: 2057 Mt. Diablo Boulevard, Walnut Creek, California Attorney: Baltimore and Long, Attorneys at Lax Amount: $91,002.05, as of date of presentation of claim Date Filed: March 4, 1969 By delivery to Clerk By mail, postmarked I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy Attached is a copy of the above claim. Does it comply substan- tially with Government Code Sections 910 and 910.2? DATED: March 4. 1969 W. T. PAASCH, By IIoro II. Deputy. II. FROM: Office of the District Attorney TO: Clerk of Board of Supervisors _ Above claim complies substantially with Government Code Sections 910 and 910.2. Above claim FAILS to comply substantially with said Sections; Board may not act on claim until 15 days after notice is given by this office. We recommend referral to ( ) County's general insurance carrier; ( ) insurance carrier for Buchanan Field; ( ) other insurance carrier specified below; ( ) District Attorney. DATED: 4 - G 9 JOHN A. N EJEDLY, By�Xj-'k— Deputy III.FROH: Clerk of Board of Supervisors TO: ( 1) Public Works Department, Attention Business & Services Manager (2) District Attorney, Attention Chief Civil Deputy Attached are copies of above claim which was REJECTED by the Board of Supervisors on March 11, 1969 (copy of Board Order also attached) . Please forward this claim to the County' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on March 12, 1969 , and memo thereof filed and endorsed on claim, per Government Code Section 29nn703. DATED: Narch 12. 1969 W. T. PAASCH, By� t� Nancy 1Wraxismg Deputy IV. FROM: ( 1) Public Norks Department (2) Office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement III. DATED: 'Murch 12. 1969 Public Works, By DATED: March 12, 1969 District Attorney, By,2lia,,,. -. �. Deputy BALTIMORE & LONG I. LEID Attorneys at Law 2 2057 Mt. Diablo Blvd. MAR 4 1969 3 Walnut Creek, California W. T. PAASCH Telephone: 932-1300 C4SR,K MOARO OF SUPERYii " y- By Attorneys for Claimant 6 8 KEITH CAHILL ) 9 CLAIM FOR DAMAGES 10 CONTRA COSTA COUNTY, ) CONTRA COSTA COUNTY } 11 HOSPITAL ) 12 13 To: THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, STATE 14 OF CALIFORNIA: 15 You are hereby notified that KEITH CAHILL, whose 16 address is 2057 Mt. Diablo Blvd. , claims damage from' the ; 17 County of Contra Costa in the amount, computed as of the ; 18 date of presentation of this claim, of $91,002.05. 19 This claim is based upon personal 'injury ,sustained:. 20 by claimant on or about December 7, 1968, in the Contra Costa: 21 County Hospital at Martinez under the following circumstances-: 22 Claimant was admitted to the Contra Costa County Hospital at ` 23 Martinez on or about December 7, 1968 for treatment of a 'small- . 24 cut on the richt forehead_ At sometime after his admission 25 to said hospital and through no fault of his own and as. a 26 result of the negligence of said hospital, and/or its staff, 27 he received second and third degree burns over two-thirds of 28 his body. Claimant was unable, and/or incapacitated to the. 29 extent that he was not able to care for himself and in no 30 way attributed to :is injuries and the exact cause of said ... l 1 injuries is unknown to claimant but is within the full. 2 knowledge of said hospital and/or its staff. 3 The injuries sustained by claimant, as are as 4 known, as of the date of presentation of this claim, 5 consist of second and third degree burns, severe...lacerations, 6 contusions and abrasions over two-thirds of claimant' s -body.. 7 The amount claimed as of the date of the presentation 8 of this claim is computed as follows: g Expenses for medical and hospital care - $ 2 8.02.'05 10 Loss of Earnings - 1,200.00 11 General Damages - 75,000.00 12 Total damages incurred to date $ 79 ,002.05. 13 14 Estimated prospective damages as far as future-expenses for 15 medical and hospital care $ 10,000.00 16 Future loss of earnings - 1 ,000.00 17 Other expected special damages 12000.00 18 Total estimated prospective damages 12;000.00 19 Total amount claimed as of date of presentation of this claim - $ : 91,002.05 20 21 All notices or other communications that were 22 derived of this claim should be sent to claimant c/o 23 Baltimore & Long, 2057 Mt. Diablo Blvd., Walnut Creek, 24 California. 25 DATED: February 28, 1969 BALTIMC E: & LONG 26 27 B)� Att nef r Clai nt 28 29 30 S o • Y r s� O • 3 t ��•`-.. � �� �Y 3�, � �� � o "'''tic CAL Sad • o• o a ¢ " s R �'� � � cA II�'OJ c•� r+,o r © • a Y � o o � � s a Ea o +1 ?� o o ' s no w Y O �.4ly to 0 Cr Y K Pilo U1 *�•'t• i March 11. 1969 Baltimore and Long Attorneys at Law 2057 Mt. Diablo Boulevard Walnut Creek. California 94596 Dear Sir Enclosed is a certified copy of an order adopted by the Board of Supervisors on the above date* denying the claim- of your client. Keith Cahill, which claim was filed in this office on March 4, 1969* Very truly yours, W. T. PAASCH. CLERK Nancy Ingraham Deputy Clerk ni Enclosure 6L�U Re: Dodson v Valvis, CCC Super. Ct. X1139917 ' Please ask Bd/Suns bran to authorize DA to represent defendant Georgia Valvis in her official capacity as Clerk a �. of the River Jud. Dist.( consol. A=ioch & Pitts) . «eason for the rush is that we'll probably go to, Wi } 4 "trial" on Ffiday 3-14-69. �A t of s _ S - ... r,.l.,,... .:+ha.'.✓+N ll. �.;'rte Si y ' Lt w 1 - - 1 tf r CJUNTY CLMO S JFFIC9 CJbom. COSTA County Inter-office me m. Max March 49 1969 TO: Office of the D16trict Attorney FRQ48 t1. T. Paasch, Clerk SUWWTs Action No. C 8907 of tha M=dLolpal. Court-1 f th4 walnut Ct D*k!T �e�e * Judlelal. D1atriet in::;�md:;laceµ ' the Coaety o! Contra 1.Cetiar. HELEN FRANK V3 COUNTY OF CONTRA COSTA, at el Attached is copy of Complaint for.,Paral:floes =A E&Iblt in the above-entitled action. Received c of otic t �+e�tiowd dbws�t tbis Attorney: 66-12=500 Pore WA • • In the BOOB Of StJ�fVlfOfs Of Contra Costa Cotmty, SIO1r Of COWwriO In the O&OW of Authorising load Canissioo to prows call propel duniace claim against county. On notion of Supervisor Dias, sesonded by irpatmUw lloriarW, IT If DT THE BOAS CRDE® that the Cs a* Dead Caoatss (pwale woark@ Director) is AUTHC>RIZID to receive and Pres pr'gwkw his 021LAMla the Camir of Contra Coe to for awmats balm $200, prsviisd that w pqq w such alaiaa shall be nada by the cora;, mop; ea a seat jeftewt ee as Ociew of the Board of supervisors, The favVing order ass passed IV the foUawing vele at the Sou do AM Snperwisore Jesse P. >T@Wp dltnd lis. Mae, Jaw L Koriarlp, them" Joie Oall, Dittatl A. Laid, >fOS9t >io�o. 'I I hereby certify Owt the for+sgoirp is a true and cored copy of as order eakwed on die wiwwAes of said board of Srpervieon an the dole afor sakL Vl W,m my bond and the Sed of die board of oci Public Works (2) Srpereiori Administrator affWAW this 4LjLip of lobwaa . 1996_L Auditor W. T. FAASCH. Ck& by Depof► Clw& e Cave s. SWUM .0 JOHN A. DAVIS PROBATION DEPARTMENT NOW. RICHARD E.ARNASON COUNTY ►ROSATION NON. THOMAS F. FRAWI OFFICER Naft CONTRA COSTA COUNTY NON. SC. MA1 UASON D. V. MORRISON NON. HOMER W_ ►ATT[RSON ASSISTANT COUNTY MOANCII OFFICE NON. MARTIN T. NOTNO09M PROMATION OFFICER 10972 SAN PAIILO AVENUE JOSE- EL CERRITO. CALIFORNIA 94530 TELE►NONE 233-7050 nv JL:d1 V = i February 6, 1969 W/ T. PAA8CH Mrs. Grace M. Perkins *I#" �n d air W,Icgvss 27162 Underwood Avenue Hayward, California 1e Dear Mrs. Perkins: The claim submitted in your behalf for your damaged coat has been returned to the Probation Department by the Office of the County Administrator with the following instructions: "The procedure to be followed by persons who are requesting compensation by the county for damages is to advise them to submit a claim to the Board of Supervisors. The claim must show (1) the name and address of-the claimant j( (2) the address to which the person presenting the claim desires notices to be sent; (3) the date, place and circumstances of the occurrence which gave rise to the claim; N) a general description of the damage or loss incurred; (5) the name or names of the public employee or employees, if any, causing the damage or loss, if known; and (6) the amount claimed } together with the basis of computation of the amount claimed. The } claim shall be signed by the claimant and presented within 100 days after the accrual of the cause of action. Upon receipt of the claim, it is normally denied by the Board of Supervisors and referred to the insurance carrier. "The insurance carrier, upon receipt of all information, reviews and investigates the claim to determine if there is any legal liability on the part of the county for the loss. If it is determined that the county is indeed legally liable for said loss, the insurer will. -negotiate with the claimant to settle the claim. On the other hand, if it is determined that the county is not legally liable for the loss, the claimant shall be so advised and the file closed. If the claimant does not agree with the action taken by the insurance carrier, he may seek relief in the courts." } In view of the above outlined procedure, I am returning the claim submitted in your behalf by the Probation Department and advise you to file your claim directly with the Contra Costa County Board of f': I. "I--I' --- ' -- I �'.. -�-� I I . I � - I -1. ,�."�- � I I, � �� —�, " �t�".-,� -, ' , 71��-'--�' -'j' -�'- - ' • .• I. ;v I I I I .I I I-� I� I I 1, . I 0 . :.� lam. , ..:- I ���� ,,,, .. .. - _ • . . . - - v ''' "�'',-.,�.,-�,��l,,.,-�,��;�,--, .. _ ' .0�,� ,"�' -,I . " - -� � .-," �" - 1. i - 4 I I 11 � � , . _ ; '--I-,..-. I-.--.--'-�-'-'----� I - - � - I - '-., - � - - . _ . - .. .-_ _.. , I . � - � I . I � � , - , - " , _ 2 1. _ r r k4,f ' 1. ', '`P� t - - ` _ - f {_ 4r 3 t t "4 4/.i"h'. � . i hit 3 , Fes, r ^Y! —s Supervisors, Adsainistration Building; 1'Iai'tiliez � Calilos�is, `m 553. - , Yours truly, : I r " F YY��yy7 - p �lv " ✓ N _ S �I WTSTEEiN aFFICE ' r BL:dc rr . hholosure x ` a 7 3 ✓,r '`- II � : >"c� f y.-it rlr w. F*' 6i b x ! 9 . :. T y 1 - ' ,. ... '-- ,i i r ..,q�-p✓� ry . 'I Y It r 3 s • f F,,- ..•' .; :- M ,. _ - ... 3 b o' t4 J-y c�LIt z Z , "'1'.-i�wa.�tr'. r Y i-3` y ^1 b, , ,� r .. •' r.w F ;j 4 -t 4 "2 [ ' Ti Y: 't^.�f. y,[% t Tq t? w Yy.e Fx,.r �.' 3y'rt_ T s .- . 6 y Y . "2 , . , :. IL ... '.....- ,-r.I i. { t �"- " ' J'-. ati . . t .. - urs w - _ h ,. . _. _ _ - .. J . - .. -• y s r z lN.,„+. PM,f i f� , - _ .A �� - - .r` , ,'1 s Y0Ui GARMEHTS ARk"GUREQ A"WST POE AND THE" CLEANERS 10'04 21534 MISSION BLVD. HAYWARD, CALIF. TELEPNONEz LUc«we 14=9 NOT RESPONSIBLE FOR SHRINKAGE OR FADING OF MATERIALS W*OMsto Ort Owe Fhw CUSTOMER'S ORDER NO. DAT _tt " NAME }! ►" ADDRESS QUA". QEicAlPTION AMOUNT o slt 'aG710 cXt O sts low ma�yy`, i 1• � A • V,- CONTRA COSTA COUNTY PROBATION DEPARTMENT INTER-OFFICE COMMUNICATION Date: JAXaff a9 1969 TO: NACU DOWMAN FROM: HSN Lint; SUBJ: Mala fop D~ to TAWG OMt On Dwri W Us 19689 a GM" M9 PWking 211ft ftkM M AMM9 HWWW# to in war off Lee Matting to aM a Dqm* Pnbati m Off Uwe TM twrttro� two bdut painw that dwo fte swat in to tw tart!• rwbl me wtt tdtb bw Mat wad talk wR P"o Me ou"m *we w4m m AW pm" its wm abwtt t!r tt !sial* fte twit 04 Nat M Swow4 •lamm Mr Wwo wAbU M 'FeWooWw p t *o Me •LAW '' iA Yta me" at $ls.b0 u "PuN b4r Mtt $+tsttt Sol Dm l�rMaw _f ,.;V z-+-L'- .�i c•.L.i ��'�vv� i i F - 3 ` �i V I t f s n OFFICE OF THE SHERIFF CONTRA COSTA COUNTY r WALTER F. YOUNG SHERIFF N.O.ROR 391 MARTINEZ 94533 CALIFORNIA firIV 4B33 ,jM;f- ED Feb. 28, 1969 MAR 3- 1969 W. T. PAASCH CUMK WARD OF SUP2XVgWn sy - Chairman Janes E. Moriarty Contra Costa County Board of Supervisors Martinez, California Dear Chairman Moriarty: Re: Authorization for legal counsel. I have been served with an order to show cause and a temporary restraining order by the Firm of Attorney Douglas R. Page on behalf of Timothy Biggins, et a1, against County of Contra Costa Building Inspector R. J. Kraintz, the writer, etc. This is in connection with the Canyon building problem. I am ordered to appear at Department No. 8 at the Courthouse, Martinez, California, 9 A.M. , on March 6, 1969. Due to the lack of time, I have requested through Lt. Robert Sang of this department that the District Attorney's Office be notified to represent the department. I will appreciate affirmation of your action by your Board of Supervisors authorization for the pro- vision of District Attorney assistance. Very t y y urQ ALm 5 ff-L'32oner WFY/hva Enc. CC: J. P. tic Brien, County Administrator John A. Nejedly, District Attorney Lt. Robert Sang, Detective Div. Commander loUTE-`gLIP SHERIFF' VARTMENT Contra Costa County cARTA-Dr$ Z Baez 2/24/69 FROM „LATROT. Dim= c03mAUTMTE TO: f ) Sheriff ( - Undersheriff HARRIETT ( } Capt. Fischer ( ) Capt. Kirschner { Com. Engr. Angliss ( ) Sup. Crim. Dillon { ) Capt. Hobert ( ) Capt. Stockman ( ). Adm. Asst. Glenn — — — — — — — — — — — — ( ) Initial & Forward ( ) Read & see me ( ) Read and return ( ) Comment THIS C TTgT 'XCTION WILL ;'A'Mt PIACE ON YL4%r:T 6TH. 1.969. TFT-"- UhT ER.5M RIFF VTTL L%s AWAY. CAPT. URSCNh� 0n LL NrM THIS COF'Y. PATROL HAS AE,OTILM COPY. AF # 10 i WUGLAS R. PAGE 1475 North Broadway = J 2 Walnut -Creek California T- L Telephone: ;33-2422 s FEB Z t Attorney for. Plaintiffs 1969, 4 W T. pc0.'Canty crer;; 5 - CONTRA COSTAcou:.ITy 8 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFOWU 9 IN AND FOR THE COUNTY OF CWTU COM 10 TnMWY BIGGINS, GEOPGE Kr'�H.RER, SALLY KEURER TAY SLOAN, EFHRAII FRENCH, 11 5014 L�T +Cn, raw HE4TmCK9 KIRK ALLEN, DAVE CLOUD and SABItAFEWSTEIN, 12 Plaintiffs, No* 13 14THE COMITY OF CONTRA COSTA, R. J. KRAnM, 15 BL'Iwric Ii'SPECTO:, GLM:,w SALY T, R0USn1G COOFDMALTOR WALTER F. YOUNG, SII�tIFF, DOE i6 QM. DOE FZ. TAE THPXE and 1�3CE FOUR, 17 - Defendants.. . 18 - 19 ORDER rp* SHCH CAUSE. AND TMIPOR.4RY RESTRAINING OPWR 20 Upan .resding the verified emplaint on file. in this action 21 and the supporting points and authorities, and it appearing to 22 the satisfactioa of the court therefrom that this is a proper 23 case for granting ea order to show cause and temporary restrains 24 order, and that unless a temporary restraining order is granted as prayed for, plaintiffs will suffer great and irreparable injury 26 before the natter can be heard on notice: 27 110WI THEREFORE, : 28 IT IS 1UPROY ORDEREO that the defendants and each of them 29 shall appear before this court in the courtroom of Department No. 30 at the courthouse, Vlartinez, California, at = x. s1 I•larch � I969, then znd there to show cause if any they have, 32 why they and eac1+ of thein, their agents, servants and employees PAGE i WALTON dol- " ATTO.NCVZ AT LAW {4T!K..ROADWAV { WALNUT CRCCK.CA 94596 P"DN 533-2422 t, r and representatives should. not be enjoined and restrained durLog $ the ,pendency of this action from engaging in or performing. direct S or indirectly any .and all of the following acts: 4 A. Evictin; plaintiffs and plaintiffs$ families fim their D dwellings; - H. Arresting plaintiffs and their families for the -con- q tined dccupation of their dwellings; G. Molesting, - v . - ing, annoying, or disturbing the peace of plain- tiffs and their families.10 ~ IT IS FURTHER ORDERED-that pending the bearing of this . - 11 order to show. cause_the defendants,. and each-of thea,: and their 12- agents, servants, employees and representatives and all persons. . 13 iacting in concert or participating with them►, shall. be and, hereby- . s 14 ' are restrained and enjoined from engaging in or performing direetl 15 or indirectly an and all of the followin acts: _ _ Y Y g 16 A.- Evicting plaintiffs and plaintiffsfamilies from their 17 dwellings; 18 B. Arresting'plaintiffs and their families for the can- lip on19 tinned occupation of their dwellings; 20 C. Moiesting, annoying, or Aisturbing the peace af; p1s3.n;- 21 _-tiffs -and their families. IT IS FLULTMIt 0111MUD that a copy- of the complaint and 23 'Points "xd authorities, together frith:a .copy-of this order- to 24 show cause and -temporary restraining order be served .-on said 25 -defendants not later than February 271, 1969. 26 Dated: February 21, 1969. 28 l 30 31 32 - PAGE i WALTON ATTDRMCI•.AT LAW 1471 w.HOOww - WALNUT CREEK.CA 94596 P"ONV 927-2422 1 DOUGLAS R. PAGE . 2 1475 Horth Broadway TILET"A Walnut Creek, California S Telephone: 933-2422 Attorney for Plaintiffs FEB 21 1g6g X T.:PUS K Coeat�r CIu7t Dewy, •. g SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF CONTRA COSTA 10 TDVTHY BIGGINS GEOP,GE , SALLY KEMM., T�iY SLOAN EPHRAIM 11 FRENCH, JOHN LAMMCE, fRB BFATHCOCK, ALLEN, DAVE COW and SABRA 12 FELIDSTEIN, Mo. iS Plaintiffs, C(IMMAINT FOR 14 vs. I UUNCTION 15 THE COUNTY OF CONTRA COSTA, R.J. SRAn=8 BUILDING INSPECTOR, GLENN 16 SALVER, HOUSING COORDINATOR, HALTER F. YOUNG, SHERIFF, DOE ONE, DOE TWO, lv DOE THREE and DOE FOUR, 18 Defendants. 19 Plaintiffs allege: 20 I 21 The true names or capacities whether individual, 22 corporate, associate or otherwise of defendants Doe One to Doe 23 Four are unknotm- to plaintiffs, who therefore sue said defendants 24 by such fictitious names. Plaintiffs are informed and believe 25 and thereon allege that each of the defendants designated herein 26 as a Doe is wrongfully responsible in some manner for the events 27 and happenings herein referred to and wrongfully caused injury 28 and damages proximately thereby to plaintiffs' as herein alleged. 29 - II 30 • At all tines herein mentioned, each of the defendants 31 tsas the agent and employee of each of the remaining defendants 32 and was at all tires acting within the purpose and scope of said PAGE A WALTON ATT04061M AT LAW Wl.N.MOAOWAY _ WALNUT CREM CA 94S9i MIONC 937-2422 1 agency and employment. - - 2 3 At all times herein mentioned, the defendant, The A County of Contra Costa, was and now is a political subdivision As of the-State of California. Defendant, R.J. gralatz is -Building e Inspector for defendant, The County of Contra Costa, and.defen- dant, Glean Salyer, is Housing Coordinator. for defendant, The 8 County of Contra Costa, _and defendant, Walter Youag,_As Sheriff 9 of Contra Costa County. _ 7. l0 IV li Plaintiffs- are residents, 'landowners -and tenants of an , 12 unincorporated area of Contra Costa County, commonly known .as, .13 -Canyon. . Plaintiffs reside in dwellings in Canyon with their 14 wives. and children, including infants of tender age. For� over 15 seventy (70) years Canyon has been a iecreational resort -area agI inhabited by those who choose to live in an artistic and 14 aesthetic manner, in some cases, with living style furniture lg and appliances commonly in. vogue one or two generations ago. 19 Plaintiffs reside with their families fn safe, -healthful dwelling 20 and. 'cause no nuisances of-any kind to their. neighbors. . 21 V 22 On or about February 19,`1969,. defendants, . and each of- 23.1 then, posted or caused to be posted on. each of plaintiffs' . 24 dwellings-; a written notice apparently purporting to comply with 25 1 Section 203(c) of the Uniform Building Code stating: 26. "Do not enter unsafe to occupy. violation is 27 a misdemeanor punishable by $500.00 fine and six 28 months in jail." 29 Defendant Glean Salyer orally promised plaintiffs that 30 no.arrests would be made by reason of the continued occupation 31 of dwellings until Saturday, February 22, 1969, but plaintiffs 32 are informed and believe and thereon allege that defendants are PACE i WALTON i ATTD.N[Tt AT LAW 14TL M.640ADWAV WALNUT CREEK.CA 94596 1 secretly planning to make arrests of plaintiffs.'and thein wives $ and children oh- February 213, .1969. 3 VI 4 Uniform Building. Code Section 203(b). adopted by,Coot=a 6 Costa County Ordinance- Code Section 7123 purports to authorize d R.J. Kraintz, Building-Inspector to order vacating.-of dwellings. 7 forthwith if necessary." e Whether or not a crime in this case will 'be committed 9 ..by plaintiffs turns on whether -or not I.J. Hraintz, Building to Inspector, finds it "necessary" to cause immediate eviction. ' 11 Such a definition of a crime is .unconstitutionally:void and " 12 vague as 'well .as subjective and capricious. Defendants have 13 conducted no investigation, so as to enable them to -determine 14 whether or not plaintiffs' dwellings are safe. Defendants .havA 15 held no hearings and given no notice of these summary eviction, 16 proceedings. -Defendants-have acted arbitrarily and entirely 17 1 without factual basis, factual -showing or factual allegation.. - 18 Vii : 19 Defendants have not complied with the requirements .of .. 20 the Unifom Building Code' adopted by County. Ordinaiace-Code Sectio 21 7126 in .that. they have not served plaintiffs .with notice- of,-any 22 defects and have not given plaintiffs an opportunity lo correct 23 . any.defects if any exist. -- 24 VIII 25 Because of the defendants' acts- and threatened acts -as*.. 26. hereinabove stated, plaintiffs and their wives and children and 27 infants will sustain great and irreparable injury in that they arm 28 threatened- with immediate arrest, loss- of- liberty; eviction from 29 their dwellings which they ha-.re occupied from one to ten years. 30 plaintiffs have had no opportunity to arrange for orher. dwellings 31 nor to correct the defects in their own dwellings, if any exist, 32 nor to test the legality of these arbitrary proceedings. It will PAGE is WALTCN 4TTODNCr1 AT LAZY X47.M.O.DADWAT - WALNUT CRECK.CA 94596 - - 0I40041C:922-2422 -3 1 be practically impossible .for plaintiffs .to ascertain the exact 8 amount of damages which plaintiffs will sustain through the 3 commission of said acts if defendants are not enjoined' therefrom- 4 so that plaintiffs cannot be fully compensated in damages and 5 are without any adequate remedy at law. 8 XX 7 By reason of the acts of defendants above alleged, • 8 plaintiffs, and each of them, have already been damaged in the 9 sum of $10,000.00 .each at least and if said acts are permitted 10 to continue will be further damaged in an amount which is difficu :. 11 if not impossible for plaintiffs to ascertain and that therefore 12 plaintiffs will ask leave to amend this complaint to state any 13 additional and further amounts of damage as .may have. been- sus 14 tained by them until the rendition of &.final judgment and 15 decree herein. 16 WHEREFORE, plaintiffs pray for judgment as follows 17 1. For a- temporary restraining order, preliminary 18. injunction and permanent injunction enjoining and restraining 19 a the defendants,, their agents, servants, employees and all,persons 20 acting in. concert and participation with them; and each of them, 21 from doing or causing to 'be done, directly or indirectly,, any 221 of the following acts or things: 23 A. Evicting plaintiffs and plaintiffs' families-. from 24 their dwellings; 25 B. Arresting plaintiffs and their families for the 26 continued occupation of their dwellings; 27 C. Molesting, annoying, or disturbing the peace of 28 plaintiffs and their families; 29 2. For an order of this court directing that defendants 30 .and each of them, show cause if any they have at a time and place 31 to be fixed by the court why a preliminary :injunction should not 32 issue as prayed for above. PAGE A WALTON ATTORN[Y{AT LAM' 1.73 ft.RAOAOWAV - - WALNUT CREEr.CA 9+596 - - rMONE: - -4- 1 epdant 3. For a judgment for darn as agaiffst, the defs f g in the sum of $100,000.00 and for such further amount of� damsges s as may be sustained by plaintiffs to the rendition of final . Judgment herein. 6 : 4. For costs of suit herein. - :d S. For such -other and further'relief as 'may .ba deemed. F. just and proper. . :g Dated: February 21, 1969. - . - .'9 • .. - 10 a Do las R., Page .. .12 13 14 1.5 1? 18 19 20 21 22 24 26 $7 29 30 31 32 PAGE#WALTON AT 011"Z f AT LAW 4Ts N.�RoAowAv tc - .wAINUT CREEK.CA 94591 PNONC:922-2422 ( 1, Name,Address and Telephone No.of Attorney(s) Spaee Below for Use of Court Clerk Only DWMAS R, PAGE 1475 North Broaftaq Walnut Creek California *lephone:. 633-2422 Attorney(:)for Pisi,i,Rt ff� IN.THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 1N AND FOR THE COUNTY OF CONTRA COSTA i'II Y BIGGINS GEO3GZ MMM, ►. `_ . - I&SR TAY gild, EPSS nl FRUICH, ?R' _, LINOCE FRED IMP1= KL"� - DIJ.F.W DAVE R&D- and SAB"A FELOSTEM xo. _•__._l / 3 7/r Plaintiff(s) - . p, :` - ► -ME COUNTY OF COMMA COSTA, E. J. leAnITZ, " BtTILDING 31iSPECs^02, GMU-1 SALYETts 110USIt1G :. SUMMONS 'jtfAL r.� F., YQUsiGa DOB EJB; D3 T110; LOE Tm=.and DON FOURS _ Defendant(s) Title) THE PEOPLE OF THE STATE OF CALIFORNIA to the above named_ Dekndant(s} You are directed to file with the clerk of this court in which the above entitled action is brought a written Pleading in response to the complaint within ten days after the service on you of this summons. If served within the above named county, or within thirty days if served elsewhere(except-that U the action is against the state pursuant to Section 738.5 of.the Code of Civil Procedure, within 180 days). You are notified that unless you so file a written responsive pleading, the plaintiffs)will take judgment for any money or damages demanded in the complaint, as arising upon contract, or will apply to the court for any other relief de- manded In the complaint. (SEAL) -• You may seek- the advlee of an attorney on any matter Comeeted with the complaint or this summons. Such attorney should be eowsulted within the time limit stated In this summons for-tiling a written pleading'to the Complaint FEE 2 ! W. T. PAASC , Clerk .. . .. . . .. _ � 1>< Dated By J• DQU1 1, • . IDepottr Clerk NOTICE TO THE PERSON SERVED (Secs. 410 and 474 C.C.P.): You are hereby served in the within action (or proceeding)in each capacity checked below: ❑ On behalf of �._as a person upon whom the summons and a copy of the complaint must be served to effect service against said party under the provisions of Code of Civil Procedure Section: _ ❑ 411(1) , (as against a domestic corporation) ❑ .411(2) (as.against a foreign corporation, or nonresident joint stock company or association, doing busi- ness in this state) ❑ 411(2.1) (as against a partnership o1: Ether unincorporated association) ❑ .411(2.2) (as against a foreign partnership) --- - - ❑ You are also served as an individual ❑ As(or on behalf of)the person sued under the fictitious name of A pleading is a formal allegation of a claim er defense. C.C.P. Sec. 420. it must beim writing, in form pursuant'to rule of court,and filed with the clerk of this court, with proof of service of copy thereof on plaintiff or his attorney, accompanied with the necessary fee. (See reverse side for Proof of Service) Form appro—d 6y Me ";C;al council of Col.lorn•a Ra.. 11.67 SUMMONS (General) fide C..hoc.Sea.107,110.411.116.1.174;M.c M�2-71iQ-2S1i1 s 1 DOUGLAS R. PACE 1475 North Broadway $ Walnut Creel: California �{ T 3 Telephone: 033-2422 1 L E D 4 Attorney for Plaintiffs FEB 21 19 5 V. T. ftwo, Cdaatr War! srcmgT" COSTA.COLR..,Tr, T 8 M THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 TIMOTHY BIGGINS, GEORGE �:E MER, 11 SALLY I EIMM, et al. NO.- 7/ 12 Plaintiffs, OF POINTS AM AUTHORITIES 13 i vs. 14 THE CObM OF CONTRA COSTA, et al, 15 Defendants. 17 1. A criminal statute which fails to define the crime with 18 sufficient certainty violates the constitutional guarantee of 19 1 -due,process of law. 20 1 Witkin California Crimes, p. 23 21 Connally v. General Construction Co., 269 U.S. , 385, 46 22 S. Ct. 126, 70 L. Ed. 322 23 In re Davis, 242 C.A.2d. 645 24 Ashton v. Kentucky, 384 U.S. 195 25 2. Whether or not a crime will be committed in this case by. 26 plaintiffs turns on whether the Building Inspector finds it 27 "necessary". 28 Uniform Building Code 203(b) adopted by County Ordinance 29 • Code 1725 purports to authorize the Building Inspector to order 30 the vacating of a dwelling forthwith if necessary. County Ord- 31 inane Code 1200 maks any violation a misdemeanor. Plaintiffs 32 are _thus threatened with immediate arrest if they continue to PACE i WALTON ' ATTORNEYS AT LAW —1- 4TR N..wOAOrw WALNUT CREEK.CA 94596 PONE:933-2421 1 occupytheir dwellings ngs because the Building Inspector allegedly $ finds it "necessary". S 3. Posting of notice stating continued occupancy of ones , dwelling is a misdemeanor and subject to jail sentence under the 5 circumstances here involved constitutes summa sy abatement and`- a arbitrary and unlawful harassment. 7 1. Contra Costa County has adopted a part* of the Uniform Building Code. 9 Co. Ordinance Code 7125 10 2. The Building Inspector must examine the building and make a finding that it is unsafe. . 12 UBC 203(b) 13 3. The owner of record must be served with a notice either 14 personally or by registered mail. 15 UBC 203(8) 1s 4. The Building Inspectors alleged finding of necessity, if 17 such was in fact made, was made without notice, without hearing, 18 without taking of evidence and without appeal and without afford- ig Ing plaintiffs a reasonable opportunity to correct defects, if 20 any, and as such deprives plaintiffs of due process of. law and 21 constitutes the taking of private property without just compen 22 sation. 23 5. No person shall be deprived of liberty or property without 24 due process of law. 25 Amendment V. U.S. Constitution 26 6. The right of the people to be secure in their houses against . 27 unreasonable seizures shall not be violated. 28 Amendment IV, U.S. Constitution 29 7. The rule is well established that the thieatened enforcemer�,, 30 of an unconstitutional ordinance effecting property rights-myy'be 51 , enjoined despite the provisions of C.C.P. 526 and C.C. 3423. 32 3 Wit_kin Suers of California La-a; P. 1816 PAGE i WALTON ATTCPVLtli AT LAW 14T! "GRo.ow.r WALNUT CREEK.CA 94596 NONE:932-2422 - 21 1 Dated: February 210 19690 $ Respectfullysubmitted: Attorney for 'Plaiitiffs'; 6 ' _9 10 4 12 - .13 14 . .15 17 .18 ' 19 r . 20 21 22 - 23 24 25 26 2? 28 29 30 31 to 32 -3- PAGE J4 WALTON ATTOANCYS AT LAW - 'WALNUT CREEK.CA 94596 rNONC 933-2422 WTRA COSTA COUNTY SHERIFF'S C;Se No. .5�5] D r 93 C EFERENCE CF, r" CRIME = CLASSIFICATION Area Beat Grid p ILLEGAL CONSTRUCTIOU Co. Ord. 1200 2 K Day.Date&Time crime reported Day. Date&Time crime occurred Location of Occurrence Wednesda 2/19/68 BAM Pant several r..onths WNW[ � Victims Name(or firm name) Race-Sex- Age Residence Address Res.'Phone Bus.Phone PCOPIX OF THE COUNTY �•� Person Reporting Crime Race-Sex-Age Residence Address Rss. Phone Bus.Phone Salyer, ?-ir. WWA I c/o Co. Bldg. Det. . 228-3000 Person who discovered crime Race-Sex- Age Residence Address Rss.Phone Bus.Phone Ta:n.er Mr. KWA clo Co. BidR. rept. 220-3000 Whitnesses:Name Ram-Sex- Age Residence Address Ms. Phone Bus.Phone t. Taylor, li:. Hh•A c% Co. Bldw. rept. 228-3000 2. Slat. G. Vivikervis, 50 ` 3. Employer's Name-Address CRIMES VS. PROPERTY CRIMES VS. PERSOf11 Point Where Entrance Was Made Weapon-force or means used Victims Occupation Rade-Sex-Age Exact location of property(thefts only) Exact location of victim - Name of School Instrument used (describe) Tope Area Method used to gain entrance $u��l Type Premises Entered Where were occupants Type property taken or obtained.or why committed Erect and construct s = s domn-s and houses to renida in Trademark of su_oect(s) (actions or conversation) Fail to obtain bui a ng pemait to erect habitat structures Vehicle used by suspects-Year-;Make-Body Type-Color- Lic.No.- Identifying marks WMre Towed 1't'l2^.-roux Suspects)-Name-Address-Sex-Race-Dob.-Hr.-Wt.- Hr.- Eyes- Comp.- Clothings (if arrested or cited.give name.dub., arrest or citation of only) 1. lits:crous residents of the Canyon area (if student-nam of school) z. 3. (1)reconstruct the crime(2) Describe physical evidence& location found:give disposition if not booked(3) Summarize othar details relating to the crime (t) Itemize.describe property and list all serial numbers This PA w=-3 detaf.j6d by Capt. Hol-ert of tae Patrol Divi^ion to contact Sgt. Willis to obtain several reserve deputies to pxxv>cead to Canyon this da:.o to provide protection for three men froza the Cotmt_i EU dine 1P_51,.,cctor is L4pt. At CA;-! the follcraing Feserve Officers asson bled in the Patrol Division of the SO: Criff Sjalre. Kenneth Groote, 1-111 Graham, Scott Sterey, Dxrid Elilliz=, Stanley Nalcr. Deputies: R. Lowe•, G. Tho-:.-on, and Cadet Trainee P.arvin Anderson also asse=lbled in the 3quz.,: � roon -L-id then pro:cedad to the .'.oraga Fir- P.oize on Ho:ata Way. Tbrafa. f RO transported the six Xeserve deputie3 In the carryall-, Unit $1105, to the Koraga Fire (cause �. and at that timic k x-;t ;i_. Tarnmr, a:r. Salyer, and t.r. Taylor fr:cl t2he Building Inspection Dept. At this ►ir-c Kr. Tho-rmss Bm--r. and Mr. H. L. banks from Anizaal Control riet these of Ficer3. The three builc'.i g inspacto , procc-c'_ad to Canyon with R0 followin; in the ca=, and Dap. Z't2calPscZ with :".;a and Andcrson iIi the Litter Control truck. A.11 units net at th i' South end of the DR riC'lt of way, on the east Nope in the Canyon area, _( Qnu then proceeded up ti.c. iii._i., 4r3 Tlosted several piece of property with t.:rr .:olloWi,:lv card-� If additional space is required. use continuation- supplement for.n. Reported L gym: Sig.of R.O. Supervisor Approving f This offense is now: Report Distribution Unfounded ( [�Detective Div. ❑Oakley Sub 0 County Coroner. Q Cleared by arrest Q Not cleared (inactive( 0 Juvenile Bur. C3 District Atty. I(�'Cleared otherwise f'rvcstigatior,Cont, , atrol Div. Probation sept. 1_i V 31 5-63 25M CONTRA COSTA COUKgY SHERIFF'S DEPT. S tEMENTAL OR CONTINUATION RWRT 'Type of or,ginal report Date of oris:,:.eaoa Cos.numb*- " ' • 69-SI99 Vicom or ccrnploinenl latation Of 0r191n0l occurrence Dote and time of supplement page 2 Srspects Adda,000l detods of offenses,progress of invest.gat•en.etc- - Som.as Or:g.nal.. 06.91aped0 2. cleared by Parol ❑ 3. ''Cleared by D*tect:.e ❑ board signs, which were attached to five buildings and photographed by fir. Taylor. The signs read zz follvas: •Do Uot Enter. Unlawful and Unsafe to occupy. This 3uildi^g 3s hereby declared ansato.occupy. This :otice shall remain posted and shall not be rer..oved without written pemission of w.e Building Inspection Dept. Removal of this sign without written authorination from the Chief Bu;Zding Inspector is a Violation of Section 203, Sub-zection C of the Uniform Building Code, Volume I. Entry or ocenpancy of the building, except .or rr<:;Zcius the recuired repairs fss or for demolishing the building Is In Violation of Section 233 C of the Uniform Building Cede, Volume I and Section K-204 of the Unifo".. Building Code, Vo2'trx I11. In accordance with Contra Costa County Ordinance Code, Section 1200, each violation is a ris>seneanor pimishOble by six months in jail or $500 fine or both, and will ba prosoc::•ted forthwith./Signed/building Inspection Dpt., County Adrdnistratloa EuildivZ, Martinez, California." Upon arival In the Canyou area, RO wa; net by two c_orarzn from TV Channel 9, KQED and thosa cameran.pa photo jr::phed ttza posting of the "Do Not Enter" signs on the vario= illegal atruetla-za and photogr<:Fhad the va_rlous officers including the Animal Control efficers. Dining the first hots a radio an no<tmcer from Radio Station WA was on the scene and conducted iuferviews With various people ass,�=b?ed, going fron place to place, during the posting of tho signs. The TV cancra-:en and the radio reporter trouped along with the officers and the nn!zal Centtol officers along -with the thre-ea brildirg inspector;,, to ap proyllaxately 15 hai:ses chic: were posted. RO Las informed Ly tFh announcer for KQSD TV that a special prawn on to p:,oblena inCanyon would be aired at 7 or 81)I,1 this evaniag. It wight be pointed out that within ten mirirtes on ar-riving at the sacram-nento-IffOrthern right o; way in Canyon, at lam,as. 35 h$rp_e qtr:ae -ravidents appeared zDd. wait ted to know rhat was going en. Within one hour there were et 35 to 40 additional residents of the Canyon sea, =uc?uding the ren, van-en, children and babies. After ?Q3ting several p;L'ce3 of propErr; on the soiithe n h U .o_ the.cast slope, we procee ed to the area of the Carifoa Czr•=rat Store and Pcst D:Trce znd then uta the stee„ 81111 and ttrrned. left and nrocaads3 an 10e feat where xa ir.:::.ediataly noticed that the r:.id had beer, barricaded. At this time, in corder to avoid any confrontation, the three buildin insi ecto.:t agreed that they uvuld walk to tha three or four closest homes near the bottom of the hill w:d. pest then, without disturbirig the barric_da. Upon their return, i= was decided that we wo-luld all prow.3 ;into For '. .--.d h iva lunch. It appro:dmata?y l:ICI's.-S eurnrryt-ne roassambIc-d near the poiut near the barricade just above the CONTINi3ED flus Olhns.h Na+•: ( R*px•Biur:Sur:,aer _ ❑ Unfaunded ❑ Daect..e C... ❑ Dwmr try Bete . Imestgat:cq Oifc*r ❑ Cloored By Ar.est C ;uvenil.°•r.. ❑ Prcbc•fan Not. ❑ Cooled Otherwise f ❑ Patroi Cir- ❑ =.,rano, � ❑ Not.Cleond(:noctira) ❑ -%alley Sw`. ❑ � E?cres Srp*r.ser Approving ❑ 1—ostigalion Continued ❑ _ - - ❑ V 31A 1.247 30NI - WTRA COSTA COUNTY SWERIFr'S i SUPPLEMENTAL OR CONTINUATION REPORT Type of original report - Dore at or.g.not repot Case number - 69-5199 Victim or complainant location of original oc:urrence Dote and time of supplement Pale 3 suspects Adda.onol deals of-oifense,progress of in.est.ganan,etc. Some,as 0riy6wf ❑ L 2. , _ Cleared by Dotrol 3• Cleared by Derec6.e Canyon store and at this .tires approxinately 30 hippie typ3 individuals, residents of xho, canyon=arseC stood by and claimed that the road belonged to the Waters Bros. Corp. and'that it aea private property and a private road and that we ware trespassing. At this time various Individuals of the a"serbled group of residents took photographs of these officers and at, this time ;O requested of Mr. C. George kihrer to rterove the barricade. Hr. Y.ilwer, refused, and RO and Dep. Thu--pson p..yaically renoti-_d the barricade, and all-officers and units proceeded on up tine hill to the Bary Sr.Sts`t property there we found the road obstructed, with nu2eroess togs F`.a�1d boards, includ-Ing S=s='aws; 9 6-613 and 2X121s which had been obviou-sly.` du.:tpcd on the roe:3sraj to prevent access up to and beyond Barry Smith's property. Additional photon ra.hs of the or"ricsrs and their units acre bnaA taken by cembers of the hippie tape indivi2-anresic:Ants of Canyon. At this time RO. assigned lhrer Feserve Denutics to watch the four vehicles so that no flat tires or ealicioud.3=Le would be cone to Vherm. RO and five officers and the b ilaing irspectora and one of the Animal Control officers Went on up the !,i11 beyond EdrrJ S.^itin's property and three structures were posted. On retuning to to ax�a c the belo:r Bar-:1 Smith's property, we observed that ours group of foim vehicles Was completely blcL?ted by coven ot:ar vehicles belonging to residents of tho Kea and this is -a ona--sane road and impossible to tiTra aro-md in. At this t":- it was discovered t1hat there was a flat ti-•e on the Cotmty car in uhlch the buildinZ Inspeators ti:ere c serati-.g. the tiva was repaired. At this tire, appro-,1va'tely 15 of the resicents of Canyon approac►ed Mr. Sal;er of the Building Dept. and asked him uume:•cus que-stious about t;sir ruts, etc. re-garding the Count, Building Cade, and,after approx Gately 45 rinutes, of block-in- tht- Count; vehicles from exiting the ata, ?,0 mane the statement:s ":s a LF:uty Sheriff of Contra Costa County, in pa.formanre of ray duties, I am requesting that you in-lediately re-rove from the rxdwag the vehicles obstructixg exr.t, 3nci if rot done, i would order tctr trucks to the a•^ea to have the vz'hieles towed out." This situation was sor.�Khat ter_;:e, and there were approximately 40 of the residents cif C nv7n sur.- o,,md1 r these ofilcez,3 and their vehicles; howeve-•, after R0 Zl.'ia. ?:aIi l: -14 seve_:-,01 of he resid:nts., and Dep. Ahorpsoa had spoken to s,e eral of the rvsa den is, the y aw-eed to rer,ova their tr cics and cars from to roadiray so that we could exit the Canyon area. It was plaintlr avIci s to A' and the various asserTalad officers that thany knew in advAnce of oTn• arrival ire the C--Ycn arca due to the fact that Channel g TV camera cx43w ,eras theme and C-1so the ;.a-m 1--PFA radio was there, ar:d shortly thereafter, rewsriea from Channel 4 in Sar: F-rixic.sco arrives on rhe sce-ae and shot nx=-arous p1hotos. All asnerv?ad officers I^.;1 i%:Lu t,:elr assigi:_d tasks without Incleent and ratimned t0 This Off.rse Is Now: Cepart Div-,bu.on V :.l-i E1; ❑ uniounded ❑ DeVcuva Div- ❑ District ary Date ❑ Cleor.d Sy Arnett ❑ -,--tis Bur. ❑ prabar.an Dept- Investigating Officer ❑ Cleared Otherrhe ❑ pa+rat 0d- ❑ Count. Coroner ❑ Not Cleared{Inoc:ive! ❑ Qo.`er Sub ❑ _ Dote ❑ Supervisor Approving _ imsstigafion Co.vinwd i ❑ jI O i V 31A *6'3Cti+ i 'CONTRA COSTA COUNTY SHERMPS D:PT. S LEMENTAL OR CONTINUATION! R RT Type of original report Dose of or ginot-repo,# w Case number 69-5293 Vicom or complainant- L.ocaf.on of or/gcnal occurrence .Doh and Y,me of supplement paw Suspects Adddioml detoih of offense,p:ogr.ss of,n.esfgofion,etc Some as Original 1.. Developed 0 2- - 'Cleared by pofrol. 3- Q _ .. Cleared by Defeo;.. .1 ,o. Martinez. .. WhUe:ID.vas driving the carry-all north beind on Mmapy.Goo, I had a blow out on #h+ - right front tine betwenn Concord and !{ighway h. A can frola the County•gair+agfa cam o it and replaced the tire. On arrival back at the S0, RO inform d Capt. F.6-bert of the circumtktances described":above. &GT. G. 2it1IMVIS 2/29 eS 2/29 { i r - ) i ' fhis Oq..se Is Novo. Report Cis•ributicn ❑ Unfounded ❑ Darxtive Div. ❑ District Atly Date '❑ Cleor.d By Arrest ❑ )uveaile Eur. ❑ proSdion Q.pt. Invesli�atfrp Officer - ❑ Cleared Otherwise ❑ oorr.l Div. ❑ Counfy Coroner ❑ Not Cleared ❑ Cotte ❑ � t Y SY° $up.rvisor Spptovirs - ❑ Investigo#ion Conlinued ❑ - 10 J V31 12 67 33m C1 vw&� UI And, To c U � THIS BUILDING IS HEREBY DECLARED UNSAFE TO OCCUPY. THIS NOTICE SHALL REMAIN � POSTED AND SHALL NOT BE REMOVED WITHOUT WRITTEN PERMISSION OF THE BUILDING INSPECTION DE- PARTMENT. REMOVAL OF THIS SIGN WITHOUT WRITTEN AUTHORIZATION FROM I H E . CHIEF BUILDING INSPECTOR IS A VIOLATION OF SEC- TION 203(c) OF THE UNIFORM BUILDING CODE, VOLUME 1: ENTRY OR OCCUPANCY OF THE BUILD- ING EXCEPT FOR MAKING THE REQUIRED REPAIRS ` OR FOR DEMOLISHING THE BUILDING IS IN VIOLA TION OF SECTION 203(c) OF THE UNIFORM BUILD- ING CODE, VOLUME i AND SECTION H-204 OF THE �. UNIFORM BUILDING CODE, VOLUME Ill. IN AC- CORDANCE WITH CONTRA COSTA COUNTY ORDI- NANCE CODE SECTION 1200, EACH VIOLATION IS A MISDEMEANOR PUNISHABLE BY SIX MONTHS,IN JAIL OR $500.00 FINE OR BOTH AND WILL BE PROS- ECUTED FORTHWITH, wcaKa tisrcerioN ocrw�Mctr ,,, - COYIfTT VIrtMlttl►YIOM WIL011N �t111QG<t/Oi1111A • Mt bN t00 _ - f • (c) Posting of Signs. The Building Official shall cause to � be posted at each entrance to such building a notice to read: ! "DO NOT ENTER. UNSAFE TO OCCUPY. Building De- partment',City of............................'Such notice shall remain posted until the required repairs, demolition. or removal arc :s rpompletred. Such notice shall not he removed without written permission of the Building OEftcial and noperson shall enter tihe building except for the purpose of making the required trpain or of demolishing ilic building' Idtffaea See. If-M. It shalt be unlawful for any person,Arm,at cbrPo- a d cation to erect.construct enlarge.alter.repair.nova imptove.M (iMiM move. eoavert. or demolish, equip. use. occupy. or maintain any or shucture in the city.or cause or permit the sante to be done,contrary to or in violation of any of the provisions air this calk J%Wpp Ann.or coepnration violating any of the provbions of this Coode shall be gtuihy of a misdemeanor,and each such person s1a11 be deemed aui of a separate offense for each and every tiro► W portion during which any violation of any of the powisions of this Cote is committed„continued,cw ppeer_mitted„and conviction of any,such violation such person shall be paaish- able by a Enc of not mare than Saco 00.or by inpniacoruaart far net marc h0 flays.or by both sack fine sad irxiroarrrent. as>i {,. Dltrisioa Z. Eaforeeanent _ t _ •i. Seefts 1200. Violation of Code; Penalties Every act pro- b*ted or declared unlawful and every failure to perform an act mpired by this.code is a misdemeanor. A anisdemea r may be punished by a fine of no more than five hundred doL"ars($500.00) or by imprisonment in the county jail for no longer than.six i Months, or by both such fine and imprisonment, unless this code otherwise specially provides. Any person causing or permitting r a violation of this code sball be regarded as committing a sMepnift ; dense on each day that the violation occurs or continues. S :To Aml &www OFFICIAL, at L+h'V DF.RCM . ypv 744T 0 AAto , Amb 7w unol Rovs la -dam a Amo fir+° �=v�L FWI.0; OF LA Wo A0010y4) T4AnW &V klUwo, Atr YVAC OWV W&AL AW PE&JL, i �e Do rte`' 611E Pa 15-Vari ro D ' ON 0 VI,,,,, too WT /klr-"D- JOW-1501CULOY RASP rr .404- 06577wer he oevvesT YO 1) LN art �. KAM/ . o _ L • _ • t � } ...: •. !. - .-. • _ _ 1. •' ` •'' '.5 2-20-69 1:40 p.m. Captain Hobert: Mr. Sklyer of the Building Inspection Department called , He has talked to Supervisor Moriarty and' they .hae decided not to make the tour of Canyon,this Saturday but to hold ' . L off until after the board meeting on Tuesday to see :what;. 'minu comes up there. Supervisor Moriarty has allotted 20­ tes to them at Tuesday's meeting (then people from Canyon. that: is) . He said perhaps this might give you time to` cancel any arrangements you may have made for reserves or regulars for that day to be in Canyon. If you have any questions his extension is 2311. Natalie .}4Y} F r ..,y ?:'. ti t 'i old CJUMY CLMtK I S JFFIC . CONTRA COSTA COUNTY Inter-02"!fice Memo DATE: February, 25, 1969 TO: Office ol2 the District Attorney FRQNS W. T. Paasch, Clerk SUBJECT: Action No. 50680 of the of the s_77-ited Stags District' Court` in and for Northern Diaoof California_ in and trio r the rty of Contra Costa, UNITED STATES OF ANMD Cl BEULM E. CULP FISCMM, at al. ia**sssasssssssss*,sss#*ssssssssssssssssfssss�fss*se�sfss� Attached is copy -3f Notice and Notion for Order for Delivery of Possession and related doc=ents . is the above-entitled action. Received Copy of atioVr- mentioned doeas=:this dley ofd 1 foe the"21602 Attorney. 66-12-500 Fora 8.4 i • APPLICATION FOR FILING LATE • CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements j Claimant : GLADYS LINTHI CUDI Address: 744 Colusa Avenue, El Cerrito, California _ Attorney: Thomas Stuart Ferguson, 23 Orinda Way, Orinda, California Amount : $5,000 (to date) Date Filed: February 11, 1969 By delivery to Clerk By mail, postmarked IFA,h7r"A ostmarkedFAthruAry l[Y_ 7 969 I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy application to file late Attached is a copy of the above/claim. Is it sufficient and does it comply substantially with Government Code Sections 910 a 910.2? DATED: February 11, 1969 W. T. PAASCH, By Doro II. FROM: Office of the District Attorney TO:: Cler pf Boa d of Suneryigors Q D (] .d�..Tcc cc�Xa�....-- Q�l,v�,i 0.�. �''''`. Rs-►.,:.�.� Abov1� laim complies substantially with Government Codi Sections 910 and 910.2. Above claim FAILS to comply substantially with said Sections: ( ) Board may not act on claim until 15 days after notice is given by this office; ( ) Do not file claim, time limits have expired. We recommend referral to: County's general insurance carrier; Other insurance carrier; District Attorney. DATED: ;�—/,.3_ JOHN A. NEJEDLY, By pu_y III. FROM: Clerk of Board of Supervisors TO: (1) Public Works Department, Attention Business & Services Manager w(2) District Attorney, Attention Chief Civil Deputy application to file late Attached are copies of above/claim which was REJECTED by the Board of Supervisors on February 25. 1969 (copy of Board Order also attached) .Tease orwar s claim to the County's general insurance carrier (or R—F ) . Claimant notified of this action per Governmen a Sec- tion 913 on and memo thereof filed and endorsed on cam, per overnment Code Section 29703 DATED: Fehrug= 26+ 1969 W. T. PAASCH, By Deputy IV. FROM: (1) Public Works Department 2 Office of the District Attorney TO: Clerk of Board of Supervisors application to file late This acknowledges receipt of copies of above/claim and/or board order, and forwarding endorsement III. DATED: Feb. 26, 1969 Public Works, DATED: Feb. 26. 1969 District Attorney, By S 14 Depuy DA-81:1M:4/66 go. .a2-,25 -�� March 26, 1969 Thomas Stuart Ferguson Attorney at Law 23 Orinda Way, Suite 304 Orinda, California 94563 Dear Mr. Ferguson: by attention has been called to a clerical error in the Board Order of February 25, 1969 concerning the application to file a late claim which was filed by you on behalf of your client, Gladys Linthicum. Enclosed you will find a corrected copy of the Board's order (correction appears in the last line of the second paragraph). Very truly yours, W. T. PAASCH, CLERK By Dorothy Lazzar n Deputy Clerk dl Enclosure cc: District Attorney Attn: fir. Paul Baker February 26, 1969 Thomas Stuart Ferguson Attorney at Law 23 Orinda Way, Suite 304 Orinda, California 94563 Dear Mr. Ferguson: Enclosed is a certified copy of an order adopted by the Board of Supervisors on February 259 1969 denying your application to file a late claim on behalf of your client, Gladys Linthicum, said application having been filed in this office on February 11, 1969. Very truly yours, W. T. PAASCH, CLERK By orothy La zzar Deputy Clerk dl Enclosure APPLICATION TO FILE LATE CLAIM (PURSUANT TO GOVERNMENT CODE § 911.4) In the Matter of the Claim of ED GLADYS LINTHICUM, FEB 1 1;1M Applicant. W. T.'PAASCN f CLERK oOARD OF SUIEIIVIUMS ,. CO TRA TA CO. sr TO THE COUNTY OF CONTRA COSTA: GIADYS LINTHICUM hereby requests permission to file a late claim for damages for personal injuries occurring on August 7, 1968 from an inter- section collision in Berkeley, California. The 100 day claim - filing statute ran about November 16, 1968.: it is now January 23, 1969 about 67 days over the time limit. The declaration of THOMAS STUART FERGUSON, Attorney at Law is attached hereto marked "Exhibit A" and the claim sought to be filed late is `- attached marked "Exhibit B" . The claim was not filed within the 100 day period because of mistake, inadvertance and excusable neglect and no prejudice therebyresults:'to the - County, as appears by the exhibits attached. DATED: January 23, 1969. ��;4FrO-MAS SN G SO Attorney for Applicant and Claimant. APPLICATION TO FILE LATE CLAIM (PURSUANT TO GOVERNMENT CODE § 911.4) In the Matter of the Claim of DECLARATION OF GLADYS LINTHICUM, THOMAS STUART FERGUSON Applicant. THOMAS STUART FERGUSON hereby declares and states as follows: He is the attorney for the applicant, GLADYS LINTHICUM, and he alleges that he has looked into the claim the applicant has against the County of Contra and is satisfied that she has a valid legal claim for per- sonal injuries arising from an accident which occurred in Berkeley, California, on August 14, 1968, arising out of an intersection collision between an auto- mobile which she was driving and a Ford dump-truck being operated.by a County employee, ENNIS PRUITT, who was in the course and scope of his employment as a County employee at the time of the accident. The accident occurred at 4th Street and Virginia at about 1:00 P.M. The declarant has just discovered that ENNIS PRUITT was an employee of the County and that the dump-truck which he was driving was property of the County. He had been under the impression on the basis of information furnished by the applicant, that the claim was only against the individual, ENNIS PRUITT, and did not involve a governmental agency. WHEREFORE, it is prayed that leave will be given to file a late claim with Contra Costa County and that the claim be processed in the routine man- ner in which timely claims are handled. It is believed that the County has suffered no prejudice by reason of this late application and filing. Attached 'hereto and made a part hereof, fs the proposed cliam and if this petition is granted, it is prayed that the attached claim be considered the original claim herein and filed and accepted by the County. The foregoing is declared under penalty of perjury and signed at Orinda, California, this 23rd day of January, 1969. So OMAS STUARrTtRGUSO EXHIBIT "A" CLAIM FOR DAMAGES AGAINST PUBLIC ENTITY Public Entity: County of Contra Costa Claimant: Mrs. Gladys Linthicum Address of claimant: 744 Colusa Avenue E1 Cerrito, California LA 5-2131 Name of attorney: Thomas Stuart Ferguson 23 Orinda Way, Suite 304 Orinda, California 94563- 254-3930 Date of accident: August 7, 1968 Place of accident: Intersection of 4th Street and unknown cross-street in Berkeley, California Description of accident Claimant, operating a.1967 Cadillac South on 4th Street in the City of Berkeley. Driver of Contra Costa County truck going West on cross- street failed to heed a posted "yield" sign and struck claimants automobile in the intersection. Nature of injuries: To neck and back Damages claimed: Medical & Hospital expenses to date: about $600.00 Loss of earnings to date: None Other special damages to date: None Estimated future medical & Hos- pital expenses: Unknown Estimated future loss of earnings: Total Estimated general damages: $5,000.00 Total amount & claim to date: $5,000.00 Send all notices to: Attorney named above Date: January 3 / 1969 T S STU FERG S N Attorney for claimant EXHIBIT "B" CJUNr.Y CLAW S OFFICE CONTRA COSTA COUNTY Inter-Office FWAO EWES Pebrua 1910 1969 TKOs Office of the District Attorney, FRONS W. T. Pansch. Clerk SUWWT s Action No. 13"9 of the MwAia pal Conewd-peasant . 3i� Jodi ots1��i�,� 3a iid fcr the Cto_unty ofCon`.ra 02sta, J938PH C. PATTON COIIDTY OF oDNTRA CgM.et Attached is copy 7f Staraee and ins :.` in the above-entitled action. Received SPY o! abow- Mentioned dc►e+a t6 this.. day, of, 196 _, tat'-th•. • E Attorney. 66-12-500 Form 8.4 .1. V �.. '.� 0 O 0 �. to to - 0 0 tby .• x; nv`Qu t <o G O a i 00 7 Z a v '0' 0 c ro c s CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant : ANN SIBARY Address : #8 Southwood Drive, Orinda, California Attorney: J. Adrian Palmquist, 500 Park Street, Alameda, California Amount : $120009000 Date Filed: February 6, 1969 By delivery to Clerk By mail, postmarkedFe_` 1969 Cs��•ti Pi aA 7bt i 1 I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy Attached is a copy of the above claim. Is it sufficient and does it comply substantially with Government Code Sectiioons 910 a 91 DATED: February 6. 1969 W. T. PAASCH, By Dorot arini 04- De Pu y II. FROM: Office of the District Attorney TO: Clerk of Board of Supervisors Above claim complies substantially with Government Code Sections 910 and 910.2. Above claim FAILS to comply substantially with said Sections : Q� Board may not act on claim until 15 days after ` notice is given by this office; / ( ) Do not file claim, time limits have expired. J� We recommend referral to: county's general insurance carrier; Other insurance carrier; District Attorney. DATED: Z e JOHN A. NEJEDLY, By De u III. FROM: Clerk of Board of Supervisors TO: (1) Public Works Department, Attention Business & Ser ces Manager (2) District Attorney, Attention Chief Civil Deputy Attached are copies of above claim which was REJECTED by the Board of Supervisors on February 25, 1 (COPY of Board Order also attached) . Please forward t claim to the County's general insurance carrier (or ) . Claimant notified of this action per Governmen a ec tion 913 on FebXUAry 26,196 , and memo thereof filed and endorsed on claim, per government Coda lection 703. O& DATED: February. 26, 1969 W. T. PAASCH, By � De Pu y IV. FROM: Public Works Department jfl Office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement III. DATED: Feb. 26, 1969 Public Works, By DATED: Feb. 26, 1969 District Attorney, By Deputy DA-81 :1M:4/66 February 26, 1969 J. Adrian Palmquist Attorney at Law 500 Park Street Alameda, California Dear Mr. Palmquist: Enclosed is a certified copy of an order adopted by the Board of Supervisors on February 25, 1969 denying the claim of your client Ann Sibary, Which claim was filed in this office on February 6, 1969. Very truly yours, W. T. PAASCH, CLERK By Dorothy Lazzer n Deputy Clerk dl Enclosure f J. ADRIAN PALNIQWST `. SOO PARK STREET AVIATION AND pER80NA{,.INJURY TRIALS SOUTH SNORE TELL/lWMtl 021�9r0p LAWYER REFERRALS ONLY ALAMEDA.CALIFORNIA R4OO1 ARSA COOtt 41� DANIEL L.MITCHELL F ROSS ADKINS February 5, 1969 ROBERT H.SAN CHEZ Board of Supervisors County of Contra Costa Court House Martinez, CA 94553 Re: Sibary v. Diablo Valley College, et al. Gentlemen Enclosed you will find a claim for damages for personal injuries on behalf of our client, Ann .Sibary, for filing. Please acknowledge receipt of the claim either by letter or by endorsed copy of the claim, and return to me in the envelope provided. Yours very truly, r ROBERT H. SAN Z . RHS:ja Enc. CERTIFIED MAIL - RETURN RECEIPT XIECED FFB 6 - 1669 W. T. PAASCH CLERK SOARD OF SUPERVISORS YC�0`1 - OSTA Ca. NOTICE OF INSUFFICIENCY To: Ann Sibary and to her attorney, J. Adrian Palmquist 500 Park Street, Alameda, California 91501 You Will Please Make Notice as follows: The claim presented by you to the County of Contra Costa fails to comply substantially with the requirements of California Government Code Sections 910 and 910.2 or is otherwise insufficient for the reasons checked below. X 1. Said claim fails to state a cause of action against the County of Contra Costa or any employee thereof. 2. Said claim was not presented within the time limits prescribed in California Government Code Section 911..2. 3. Said claim fails to state the name and post office address of the claimant. 4. Said claim fails to state the post office address to which the person presenting the claim desires notices to be sent. 5. Said claim fails to stats the date, place or other circum- stances of the occurren^e or transaction which gave rise to the claim asserted. 6. Said claim fails to state the name or names of the public employee or employees causing the injury, damage, or loss, if known. 7. Said claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective. injury, damage, or loss so far as known, or the basis of computation of the amount claimed. 8. Said claim is not signed by the claimant or by some perso*i - on his behalf. 9. Other: JOHN A. NEJEDLY Dista ct Attorney 01 By tthur V. ValeJr .: Deputy District Attorney CERTIFICATE OF SERVICE BY MAIL (C,C.P. 1012, 1013a, 1963(24) , 2015.5) I certify that my business address is the District Attorney's Office of Contra Costa County, County Court House, P. 0. Box 670, Martinez, California, and I am a citizen of the United States, over 18 years of age, employed in the County of Contra Costa, and not a party to the within action; I served a true copy of the within Notice of Insufficiency by placing said copy in an envelope(s) addressed as designated above, which is/are place(s) having delivery service by U.S. Mail, which envelopes was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the United States Mail at Martinez, Contra Costa County, California; I certify under penalty of perjury that the foregoing is true and correct. Dated: February 72 1969 at Martinez, California. VAry F. Heath cc 41erk of Board of Supervisors 1 j�T�j� Public Works Department I REC 1 � L' D 1 DA-82:250:8/68 FEB 10 1969 AWW:mh W. T. P A A S C H i, CLERK BOARD OF SUPERVISORS. O RA COSTA '> :? -2s=69 B o• ► t 1 ' 2 CLAIM FOR PERSONAL INJURIES , f Gov. Code s. 3 .t 41 6 I T0: BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA d f CLAIMANT: ANN SIBARY 7 { ADDRESS: S Southwood Drive, Orinda, California all SEND NOTICES TO: J. ADRIAN PALMQUIST, 500 Park Street ± Alameda, California 94501 9 10 DATE OF ACCIDENT: December 11, 1969 f 11 , PLACE OF ACCIDENT: Diablo Valley College, Building 9-B 12 Plaintiff was a student and attending a ceramics: CIRCUMSTANCES OF /class. She was operating a clay machine called 131 ACCIDENT: pug mill. Her right hand was caught by the blade , 14I of said machine and pulled her right arm into said machine, �1 severing it from her body. 15 18 INJURIES NOW KNOWN: Miss Sibary's right arm was amputated by said machine above her right wrist. 17 ! Diablo Valley College, County of 18 PUBLIC EMPLOYEE CAUSING INJURY:/Contra Costa, State of California, ho owned, operated, maintained, repai;ed, controlled said pug mill premises unknown agents of said public entities Does 1 thru 25, & 19 AMOUNT bF CLAIM TODAY, INCLUDING ESTIMATED AMO ft Edward Higgins, OF PROSPECTIVE DAMAGE: Class Instructor 201 ONE MILLION DOLLARS t 211 BASIS OF COMPUTATION OF AMOUNT CLAIMED: 22 GENERAL DAMAGES: ONE MILLION DOLLARS ($1,000,000.00) 23 MEDICALS: UNKNO14N AT THIS TIME 24 LOST EARNING CAPACITY: UNKNOWN AT THIS TIME 251 26 �; DATE: February 4 , 19 69 Ij 27 J. 4DRIP PAIMUIST i 28 ; By wj�� Attorney for CXAMNT 29 1 I1 30 ) IFILED 31 FEB 6 - 1a6 W. T. PAASCH 32 CLERK BOARD OF SUPERVISORS ON R OSTA CQ. C By _ Deputy �.4YY1�11 MNI�YIYT ARoslraw AT LAW - see BANK 01198. sNeee• - ALAMtOA.OAL/OAMIA . LAaeMYMv I �W FROM THE LA46 W OFFICE Of i. ADRIAN. :PAL04940151 500 PARK STREET. SOUTH SNORE-.:`ALAMEDA BOARD OF SUPERVISORS COUNTY OF CONTRA COSTAi. COURT HOUSE MARTINEZ, CA 94553 FOSTMASTEft: May be ap d for pNhl iwyetlion. Mlww [w1�;�i Mrw�lid No5507C� - - p,_.. CLAIM AGAINST CONTRA �C 0 STA C OUIy TY Routim Endorsements Claimant: CHARLES HENRY FROST Address: Pittsburg, California Attorney: John Diaz Coker of Contra Costa Legal Services Foundation P. 0. Box ?90, Pittsburg, California Amount: $500 Date Filed: February 3, 1969 By delivery to Clerk By mail, postmarked Feb_ 1_ Ia6a rrr.r I. FROA: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy Attached is a copy of the above claim. Does it comply substan- tially with Government Code Sections 910 and 910.2? DATED: February 3. 1964 !'. T. PAA9C.q, ByDoro _ II. Deputy II. FROM: Office of the District. Attorney TO: Clerk of Board of Supervisors Above claim complies substantially with Government Code Sections 910 and 910.2. Above claim FAILS to comply substantially with said Sections; Board may not act on claim until 15 days after notice is given by this office. _ We recommend referral to ( ) County's general insurance carrier; ( ) insurance carrier for Buchanan Field; ( ) other insurance carrier specified below; ( ) District Attorney. DHTED: �{_ J,94_9 9 JOHN A. N EJEDLY, By _,::::::::L Deputy III.FROH: Clerk of Board of Supervisors TO: (1) Public Works Department, Attention Business & Services Manager (2) District Attorney, Attention Chief Civil Deputy as amended Attached are copies of above claim/which was REJECTED by the Board of Supervisors on Februars_29, 142(copy of Board Order also attached) . Please forward this claim to the County' s general insurance carrier (or ) . Claimant notified of this action per Government Code'_Sec tion 913 on February 26. 1969, and memo thereof filed and endorsed on claim, per Government Code Sem on1 29703 DATED: February 26. 1969 W. T. PAASCH, By� epum IV. FROK: (1) Public Uorks Department (2) Office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement II,I../ DATED: February 26, 1969 Public ?-forks, 3y 71 �ttJ� DATED: February 26, 1969 District Attorney, ly. Deputy 2 L,zs �9 February 26, 1969 Jahn Diaz Coker Attorney at Law Contra Costa Legal Services Foundation P. 0. Boa 790 Pittsburg, California 94565 Dear Mr. Coker: Enclosed is a certified copy of an order adopted by the Board of Supervisors on February 25, 1969,. denying the amended claim for damages filed In this office on February , 1969 (amendment to claim filed on February 110 1969) on behalf of Charles Henry Frost. Very truly yours, W. T. PAASCH, CLERK B y Dorothy Lazzarini Deputy Clerk dl Enclosure AF To District i-torney DATE Feb.. Attn: P ul Baker FRom Clerk of h e Board SUBJECTA.mendment to Claim The at ached amendment to the claim of Charle-. Frost has been referred to Mr. Broatch and attached o our copies of said claim. Becaus of your instructions concerning insuffici ncy of said claim, we have set February 5th for consideration of claim, which the Board will deny as amended. Any fu then instructions? a FEB 11 196 r SIGNED E REPLY HER ft x TA To DATE m2-/U 4 A" ,t SIGNED INSTRUCTIONS— FILL IN TOP PORTION. REMOVE DUPLICATE(YELLOW)AND.FOR- F , WARD REMAINING PARTS WITH CARBONS. TO REPLY. FILL IN.LOWER PORTION AND SNAP OUT CARBONS. RETAIN TRIPLICATE (PINK) AND RETURN ORIGINAL. - Form M103 rte, CONTRA COSTA LEGAL SERVICES FOUNDATION P.O.BOX 1669 P.O.BOX 307 431 SIXTH STREET- RICHMOND. CALIFORNIA 94801 P.O.SOX 790 618 ESTUDILLO STREET TELEPHONE: 233-9934 105 EAST FIFTH STREET MARTINEZ.CALIF.94333 PITTSBURG.CALIF.94965` TXLowowE: 226-8710 - TiLi�NON[: 439-91",:, EUGENE M.SWANN February 10, 1969 ADDRESS REPLY TO: EXECUTIVE DIRECTOR ATTORNM: PITTSBURG JOHN DIAZ COKER PETER N. HAGNERG JOHN S.HIGGINS.JR. W.WAYNE McCOMSi PAUL C.ROSENTHAL DONALD V.SERATTI CHARLES E.SHERMAN ALAN VERSON RALPH E.WARNER Board of Supervisors County of Contra Costa Administration Building Martinez, California 94553 RE: Amendments to claim of Charles Frost. Original filed 2/3/69 1. Claimant: Charles Henry Frost, address: 201 Patricia Avenue, Pittsburg, California 94565. However, Mr. Frost wishes all correspondence on this matter to come through my office. 2. Names of deputies complained of are un- known to claimant and further this is information in the sheriff's files within control of the County. The Sheriff's office has refused me the report of the incident in its files. Sincerely, CONTRA COSTA LEGAL SERVICES FOUNDATION JOHN DIAZ CO� JDC:vg rFEB LED 11 19�� W. T. PAASCH CLERK WARD OF SUPERVISORS TA f,Q. sy OrWeV 1 � t r _ � y - s1.tia m �o,e y�; O r.4-A ' -.� bmO a.o.0 o w.$4 -• gip..o 0..� a s> Ro r - y v r sa a 16.0 O o■ NOTICE OF INSUFFICIENCY Contra Costa Legal Services Foundation To: p. 0. Bol 790 Pittsburg, California 94565 Re: Claim of Charles Frost Attn: Mr. ohn Diaz Coker You Will Please make Notice as follows: The claim presented by you to the County of Contra Costa fails to comply substantially with the requirements of California Government Code Sections 910 and 910.2 or is otherwise insufficient for the reasons checked below. 1. Said claim fails to state a cause of action against the County of Contra Costa or any employee thereof. 2. Said claim was not presented within the time limits prescribed in California Government Code Section 911.2. X 3. Said claim fails to state the name and post office address of the claimant. 4. Said claim fails to state the post office address to which the person presenting the claim desires notices to be sent. _ 5. Said claim fails to stata the date, place . or other circum- stances of the occurrenis or transaction which gave rise X to the claim asserted. 6. Said claim fails to state the name or names of the public employee or employees causing the injury, damage, or loss, if known. 7. Said claim fails to state the amount claimed as. of the date of presentation, the estimated amount of any prospective injury, damage, or loss so far as known, or the basis of computation of the amount claimed. 8. Said claim is not signed by the claimant or by some person on his behalf. 9. Other: rRE �CEIVE�3JOHN A. NEJEDLY District Attorney . P H A S C H By Paul W. Balser CLERK BOA D OF SUPERVISORS COSTA CO, Deputy District Attorney BY Deputy CERTIFICATE OF SERVICE BY MAIL (C.C.P. 1012, 1013a, 19 3 2 , 2015.5) T certify that my business address is the District Attorney's Office of Contra Costa County, County Court House, P. 0. Boa 670, Martinez, California, and I am a citizen of the United States, over 18 years of age, employed in the County of Contra Costa, and not a party to the within action; I served a true copy of the within Notice of Insufficiency by placing said copy in an envelope(s) addressed as designated above, which is/are place(s) having delivery service by U.S. Mail, which envelopes was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the United States Mail at Martinez, Contra Costa County, California: { I certify under penalty of perjury that the foregoing is true and correct. Dated: F*brgM 5, 1969 '� at Martinez, California. /s/ Betty Wheatley PWB:b cc: 7lerk of Board of Supervisors Public Works Department DA-82:250:8/68 4 CONTRA COSTA LEGAL SERVICES FOUNDATION P.O.BOX 1669 - - P.O.BOX 507 431 SIXTH STREET. RICHMOND. CALIFORNIA 94601 P.O.Box 700 615 ESTUDILLO STREET T[L[►MONE: 233.9954 105 EAST FIFTH STREET MARTINEZ,CALIF.94553 PITTSSURG,CALIF.94565 TnaNlowc: 226-6710 January 15, 1969 TCLEPHOW:-439.9164 EUGENE M.SWANN E=[CUTIVE DIR(CTADDRESS REPLY TO: O11 ATTORNt1li: FILED TTSBURG. - JOHN DIAZ COKER PETER N. HAGSERG JOHN S.HIGGINS.JR. p �t]C W.WAYNE MCCOMDS D 7V PAUL C.ROSENTHAL DONALD V.SERATTI W. T. PAASCH CHARLES E.SHERMAN CLERK BOARD OF SUPERV140115 ALAN VERSON RALPN E.WARNER By Y Board of Supervisors County of Contra Costa Administration Building Martinez, California RE: Claim for Damages against the Sheriff's Office of Contra Costa County, on behalf of Charles Frost, Resident of Pittsburg, Calif. Gentlemen: On November 5, 1968 my client Charles Henry Frost was at a gas station in the City of Pittsburg, California where he was having his car filled with gasoline and preparing to pay the attendant when deputies. from the. sheriff's office approached him and began questioning him as to the whereabouts of an acquaintance of his. Mr. Frost reminded the police that they already-have the address of this acquaintance of his and that they should check for him at that address. At that time the . sheriff's deputies instructed Mr. Frost to identify him-. self. Conversation ensued in which Mr. Frost asked for a clarification of his rights and asked the officer to please hold questioning until he finished paying the gas attendant. The gas attendant was standing waiting for payment and Mr. Frost had the money in his hand. Then he was roughly grabbed by two of the Sheriff's ' Deputies. They put his arms in an arm lock of "some -sort while pushing him violently. Later thay searched him. page 2 Apparently, nothing incriminating was found in the search. My client was pushed over to a car and made to stand against it while the deputy went through his wal- let. The contents of his wallet were examined and` com- ments were made about certain items in his wallet. At that time he was put into the sheriff's car and the officer called in to Martinez saying "pick-up one vag". My client was taken to jail over this matter and spent several hours in jail until he was released after posting. a bond of $125.00. On the day set for appearance no charges had yet- been filed although he did make a trip to the courthouse and went to court prepared to answer the charges against him. My client was inconvenienced, his integrity and per- sonal dignity again violated; furthermore he lost time at the Police Station while he was being held a prisoner and the bail he posted in the amount of $125.00was a serious loss to him as he needed that money immediately to pay his child support. Until his bail money was returned to him, after he was notified that the action was dropped on Novem- ber 15, he was not able to pay that child support and the District Attorney's deputy was threatening legal action against him. My client worried about the charges against him until November 15, 1968 when he was informed that the charges never had been filed against him. From the time of the arrest to the present day he has felt that his personal ,_ integrity is easily vulnerable on the slightest pretext by the sheriff's deputies. My client feels that due to the fact that he was a member of the Citizens Patrol of El Pueblo during the time of last year's crisis he has' become ' - known to the sheriff's office, which he feels opposes the Citizens Patrol, and thus is inflicting reprisals because of that connection. My client is greatly in fear now that he will be sub- ject to such indignity at any time at the whim of any officer in the future. For all these reasons I feel that a claim of $500.00 in damages is just and fair. On behalf of Mr. Frost and at his direction I demand that amount be awarded to him for the false arrest and false imprisonment in this case. Sincerely, CONTRA COSTA LEGAL SERVICES FOUNDATION AJOHNDIAZ�CR JDC:vg 4 r. 3 n 00 it la �0- a . K, a wab 1-0 e0 M- 11 A Ogo also Pzrl I-tt : ,o,co-V ;v . . �va V Y�'� t February 21, 1969 Honorable Board of Supervisors: This is written to request the County to = provide legal defense in Superior Court Action No. 1137159 Timothy Biggins, et al. vs the County of Contra -Costa, R. J. Kraintz, Building Inspector; Glenn Salyer, Housing Coordinator, et al.; on behalf of myself and Mr. Salyer. Very truly yours, R. J. KRAINTZ REC' EIW- D '.. FEB'21 19G9 v W. T. PAASCH CLERK BOARD OF SUPERVISORS CO STA CO. . BY � DEPUty cc a e15P >leww for the sf c�ullt CNtk tiaant.Address and Telephone No.of Attorney(s) Space Only ..n.�r-T ♦n .� 71 n-� Lv�•.:r.:J �4f llw.w 1475 1'.Orutl rii•O.'ac:::ay ic:3C�:��t3: Attorney(s)for IN THE SUPERIOR COURT OF THE STATE OF CAU 't%'''"�?'_ rJ�_' 1lnI�NpC7T�-..� 1.... ._/ IN AND FOR Thud COUNTY OF CONTRA COSTA j{ til;; t•1_�� ? i:3::i� VAX 50r, q.-Firil F-HOm. Mi..i►iLi•.d:+►s""vii! alar • ill.:�•rtJW t►� lsjlwt r . --!So r4ma, max mem :tic`.F,1,!'• r��y�S s f / � 7%� Ado. Plaintiff(S) ,S. duan'•. CC?= Ci CC:" IN GO-CSTA a �• Jo t•Mei.M.M o �.•-�''��� 1 �••TSC r�i�t�`!� �•T'" h� ?t r� �+.T LOU f-C*�ry=�.,�r. L`ijiiwSi;J ice• i+i.►l tti.MO GUO-I.E. dJfi4i�; s LOUS—A-4- summons C�.;►�'�:il.:I•a�_'� S u C:c r.2 l m. DOZ Ta:LE i-ad Ii�y FG:3'::0 Defendant(s) Full Title THE PEOPLE OF THE STATE OF CALIFORNIA to the above named Defendant(s): You are directed to file with the clerk of this court in which the above entitled action is brought a•written pleading in response to the _ complaint within on days after tie service on you of fits summons, if served within the above named county, or within thirty days if served elsewhere(encept that if the action is against the state pursuant to Section 738.5 of the Code of Civil Procedure, within 180 days). You.an notified that unless you so file a written responsive pleading,the plaintiff(s)will take judgment for my money or damages demanded in the+complaint, as arising upon contract, or will apply to the court for nay other relief dt•- marded in tie tnwplaint. (SEAJW -- -- You way seedy the advice of an attorney Nn any wader connected with tie cowpiahat or this summons, Seth attorney should be casntuited wkbk the dwe iiwit af" in this satawsns for filing a written pleading to lit "MpNNL E L t .,��� W. T. PAASCH, Clerk 13 '�-'.•::.salt'=?�: Dated y 081101110 cleft NOTICE TO THE PERSON SERVED (Secs. 410 and 474 C.C.P.). You we hereby say" in the within action (or proceeding)in each capacity checked below: Q On behalf of as s person upon whom the summons and a copy of the complaint must be served to effect service against said party under the provisions of Code of Civil Procedure Section: ❑ 411(1) (as against a domestic corporation) ❑ 411(2) (as against a foreign corporation, or nonresident joint stock company or association,doing bt& ness in this state) ❑ 411(2.1) (as against a partnership or other unincorporated association) ❑ 411(2.3) (as against a foreign partnership) ❑ You are also served as an individual ❑ As(or on behalf of)the person sued under the fictitious name of A pleading is a formal allegation of a claim or defense. C.C.P. See. 420. It must revwrritift form pllrwt to rule of wr court. and filed with the clerk of this cot, with proof of service of copy thereof as sloiotiffm awn K ill`s attorney. accompaiiei W" the necessary fee. (See stvaw side for Prost of Soreke) lint-MWQ"br Mir J•dsn,i Gerwt•t r.1(wMr�w:� M. tti>' SUMMONS (4`!'tterd) coir civ.hm !wry.W.400.411.416.1,p4,Gte.' Mk-7/N-1'ao 1 DOUGLAS R. PAGE 1475 North Broadway 2 Walnut Creek California Ji Tel hone: 633-2422 3 � Attorney for Plaintiffs FEB 21 It T. PWCH. carr cru c 5 n WntA casrw coni,rr 6 J.• DEz.'sm�U Bogor 7 8 IN THE SUPERIOR COURT OF THE STATE CW CAi.IFO�RNL 9 IN AND FOR THE COUNTY OF CM MM 10 TI:-IGMAY BIGGINS GEORGE Y.EIHtER, SALLY MM TAY HUN, EPHMIM FRENC'd, 11 JOHN L&WREiYCE, FRED HEATUCOM, KIRK 12 ' ALLEN, DAVE CLOUD and SAM FELDSTEIN 10 Plaintiffs, No* J 7/S - 13 . vs. 14 THE COIRMY OF CONT''tA COSTA, R. J- KRAINTZ, 151 BUILDING INSPECTOR, GLENN SALYL•TZ, HOUSING 16 i COORDINATOR Id!'.LTER F. YOUNG �.IEiZIFF, DOE C6dE,. DOE E339 DOE THREE and E FOUR, 17 Defendants. , - 18 19 I ORDER TO MQJ CAUSE AND TMQO:tARY RESTRAINING ORDIM, 2011 Upon reading the verified complaint on file in this action 21 (and the supporting points and authorities, and it appearing to 22 the satisfaction of, the court therefrom that this is a proper 23 241' case for granting an order to show cause and temporary restraining ; order and that unless a temporary restraining order isgranted as 25 prayed for, plaintiffs will suffer great and irreparable Injury 26 before the matter can be heard on notice: 2? NU51 THEREFORE, z. 1� IT IS IWAMY OP.DERED that the defendants and each of them 29 'shall appear before this court in the courtroom of Dopa rtment No }: 301 at the courthouses Martinez, California,California at Cl•-cL 4 M. 31 , izrr ch , 1969, then and there to show cause if any they have, 32f��uy they and each of them their agents servants and employees , � agents, ®p y PACE WA,LTON .••....•..T LA. 401- -_-cKa CA 94.9.1 1 ' and representatives should not be enjoined and restrained during 2 i the pendency of this action from engaging in or performing direct 3 or indirectly any and all of the following acts: 4 A. Evicting plaintiffs and plaintiffs* families frm time s dwellings; e �I B. Arresting plaintiffs and their families for the con- ? + tinned occupation of their dwellings; 8 C. tiolesti ng, annoying, or disturbing the peace of plain- 9 lain9 tiffs and their families. 10 IT IS FURTHER ORDERED that pending the herring of this 11 or4er to show cause the defendants, and each of them, and their 12 , agents, servants, employees and representatives and all parsons 13 1 acting in concert or participating with them, shall be and hereby 14 are restrained snd enjoined from engaging in or performing direct 15 ii or indirectly any and all of Che following acts: iso! A. Evicting plaintiffs and plaintiffs' families from their 17 18 !, dwellings; i 11f Be Arresting plaintiffs and their families for the con- 19 tinued occupation of their dwellings; 201 C. Molesting, annoying, or disturb the peace ofplain- 211 lain Y s � P P 21 1` ii tiffs and their fcmilies. i1 ' IT IS FiPIMUE,R ORDERED that a copy of the complaint and 23i points and authorities, together with a copy of this order to 24 show cause and temporary restraining order be served on said 25 ldefendants not later than February 27, 1969. 26 I Dated: February 21, 1969. 271 28 ; 31=2 UP SM. aluruum GLME 29 ! 30 it 31 i 32 - ti►OE f wwLTON 402- &TV00"eve AT"W 0490 ft.008AIDNOW OLNUT C"M"918%96 i i To Public-Works DepartmA DATE 2-6-1969 FROM Assistant Clerk of SUBJECT 51.50 claim for the Board damages. Pursuant to Board Order of February 21, 1967 we are transmitting to you for processing the attached claim for damages. SIGNED F-F My PLEASE REPLY HEIK AW TO DATE SIGNED F. = INSTRUCTIONS- FILL IN TOP PORTION, REMOVE DUPLICATE(YELLOW)AND FOR- . WARD REMAINING PARTS WITH CARBONS. TO REPLY, FILL IN LOWER PORTION AND SNAP OUT CARBONS. RETAIN TRIPLICATE (PINK) AND RETURN ORIGINAL. FppM M703 3966 Naberry Dr. Concord, Calif.. 94520: Fehvary 41p 1969 Contra Costa County Board of Supervisors Administration Bldg. r �. .C. Martinez, California � . W. T. P A A S C'H s �K,�011110?OOiMT1�E11�11�01�� Dear Sire: Today while I was parked in a parking-lot located at 3415 Chestnut Avenue, Concord, one of . your Public Works Departaent trucks--number 5526 licence number E 152743, driven by William Richard; Hoover of 11 Cherry Ct, San Ramone, California. backed into try parked pick-up truck damaging the left front fender. At the time, I was seated ;in a w4 chair in Dicky s Barber Shop and ,pay it happen. . As: �- seen from above, I got the driver's name, -address etc. Enclosed is the Estimate of repairs o! $51.15;. I am leaving here tonorrow aorning to-bol.a, for three months. If you will take care of the q4 Y matter, any mail about it should be sent to the, 1, address at the top of this letter. Yours truly, ^ i G x.. . �i & r - r -` fy =14 CONWAY MOTORS J 41111& Ponis&``.d`a sviiii is �- r 847 MEADOW LANE TELEPHONE 685.8380 CONCORD, CALIFORNIA E 4937 • TOWING 3 STORAGE • FRAME STRAIGHTENING • WHEEL ALIGNING a RAKED ENAMEL PAM ESTIMATE OF REPAIRS 1W FOB LABOR WO MATE ENS—VMW ACREdL MS NOF MONO—UTLdATEf FRS NAME ADDRESS / ( DATE •i� /' � � ,:. .• �<� of / hWKE OF CAR YEAR TYPE LICENSE NUMBER MILEAGE MOTOR NO. SERIAL NO. FRONT LABOR HBs. PARTS LEFT UROR HK. Pons scow UROR No. Run MKCELIMrEO s, L"cw"n. Awn Bumper Fender Fri. Fender Fri. Bumper Cd. Fender Shield Fender Shield Spec.Gd. Air Duct Air Dud Bumper Brkt• Fender Midg. Fender Midg. ' Grovel Shield Headlomp Headlamp Stobili:er Headlamp Door Headlamp Door Wheel Sealed Beam Sealed Boom Hub Cop Disc. Park.Light Park.Light Hub&Drum Cowl-Dash Cowl-Dash Knuckle Windshield ',.eMI o Windshield Mldg. TI Knuckle Sup. Door,Front Door,Front Lr. Cent.Arm Door Hinge Door HingeAN - Up.Cont.Arm Door Glass ,,L.'' Door Glass TINT Shock Vent Glass T;`:e Vent Glass TTINTe Spring Door Mldg. Door Midg. Tit Rod Door Handle Door Handle Steering Gear Center Post Center Post Steering Wheel Door Rear Door Rear Horn Ring Door Glass T,wre Door Glass TINT Rod. Grille Door Midg. I Door Mldg. Rocker Panel Rocker Panel Rocker Mldg. I Rocker Midg. FLOOR BL W/HSG. FLOOR a WMSG. Quor.Panel Quor.Pone) Fender ::�.��� Fender P-WELr star.Ext. Quor.Esti. Quor.Midg. Quor. Midg. s STONE SHIELD STONE SHIELD IOood Top WHEEL SHIELD WHEEL SHIELD Hood Hinge Tail Light Toil Light Hood Midg. REAR MNSCELLANEOUS Ornament-Emb. Bumper Frond Soot-Adj. Lock Plate. Up. Bumper Gd. Top Lock?late.Lr. Spec.Gd. Aerial Morn Bumper Brit. Tire /32 iieiie eww Ba"'e, Upper Gravel Shield Frt.System Baffle.Side Frome From* Baffle.Lower Gas Tank Cross Member Rad. Sup. Toil Pipe Point&MosNiol Rod.Core Lower Panel Undercoat AnI.-Freeze Floor SUMMM Rod.Hoses Trunk Lid //r Fon Blocie-Belt Lic.Light Labor' Hrs. $ Water Pump,Pulley Trunk Handle .Parts Gross $ i Motor Mt:. wheel less % on f Net s Trans.Link Hub b Drum Ade s Tax on s e Spring A—Align N—New OH—Overhaul S—Straighten or Repair EX—Exchonge RC—Rechrome , Sublet is PA;TS PRICES BASED ON STANDARD CATALOGUE PROCUREMENT PRICE LISTS SUBJECT TO CHANGE WITHOUT NOTICE PROCUREMENT S ,.ND DELIVERY CHARGES MAY BE ADDED FOR SPECIAL SERVICE ON ITEMS NOT AVAILABLE LOCALLY TOTAL O:d parts removed from cars colt be junked unless otherwise instructed in writing. The above is on estimate based on our inspection and does not cover additional Ports or labor which"be required after th*work hes - ^{ teen opened up.Gccosionoily after work hos started worn ports are discovered which are not evident on first inspew cison.Beawof Ihle tine Estimated B above pries are not yuoronteea. y - [' •- " t. �� CJUNTY CLBRK!S JFFICis CONTRA GoSTA COUNTY Inter-Office Memo Dw a s. February 17, 1969 Tos Office of the District Attorney lrZ [: W. T. Paascht Clerk k SUBJNCTs Action No. 112919 of the Supaarmor Court of the State of California, in and for the 0ounty of Contra -Costa, JOSEPH BATTAGLIERI and ELEANOR M=AGLliiitL,..biita vs, Attached is copy 7f Someone---�and-6o�1-•iet- -. .�:.., in the above-entitled action. Rec'eived cY;Qt aDr~ mentioned dodiwrti day * 1for the a t Attorney. 66-12-500 Yam 8.4 \4 CJUNTY CLMKI S JFFICS CuNTTRZ. COST& COUNTY Inter-Office kic," DAT B: February 1!t• 1969 TO& office of the District Attorney FRQH4 W. T. Paasch, Clerk Nt1WWrs Action No. 1120772 of the Superir Court of the State of Californias in and for the t3�:!:ty of Conytra Costar IAWX 2w CARIMMI UTTZKOLCMM, their Guardian COUNTY (F CONTRA COSTA„, et a1. #*•�:*w***�*r:*,taw*���*,t**�:***��*�***mss#�*s�t��t*:asis�r�:w; Attached is copy of Sumons and 2gM2aint in the above-entitled action. Received copy of abovo- mertioned MeNts--this day: of V br w, . 196 for the..Dia, ., ct . r ; Attorney, t 66-12-500 r Form 8.4 CJJNIY CLERK 2,S_'JFFICS CONTRA COSTA COUNTY Inter-Office demo DiAT32 Febr=7 5t 1969, TO& Office of the J;strict Attorney FRONS W. T. Paascht Clerk SUBJNCTs Action No. 113080 or tha Supa-rior Court of the State of California, in and for the County of Contra Costa, PAUL A. LINWOM9 A-Winart by bis, MuNaRian Xd L11W. O?fl CBNTAAL COPTRAy b05TA UNITARY W37PIC?'do County of Contra Costas et al. Attached is copy of Sumons and CoapUiat In the above-entitled action. } Received"ems: of. GW! mentioned:-- -- s `This r 5th- day. or,,lbs_ foe thi DISE C! Attorney. 66-12-500 Form 8.4 x f. In the Board of Supervisors y. Of ~ Contra Costo County. Stcite of Colifotinio: ltibsuarp 11 , b 60 MOW of , Authorizing Chairman of the Board to Endorse Checks Payable to Contra Costa County in re: Settlement of Funderburg v. Dahl, Superior Court No. 106,993. Pursuant to Board order of November 6-, 19680 authorisins a compromise of the County's claim in the subject action, 11111rid-, in, order to effectuate said compromise settlewsnt, IT IS BY TAEBQ�AD ORDERED that the Chairman of the Board is AUTHORIZED to endorse# on behalf of Contra Costa County, checks made payable to the County of Contra Costa, plaintiffs in the subject action, upas : the following condition: Said checks are to- be forwarded to Boccardo, Blum, Lull, Niland, Teerlink and Sent attorneys., for f plaintiff-In subject action, for deposit in escrow with the- Mother Lode Bank of Twain Harte, California. Payment to the �;r$ County of $37,000 will be made in accordance with the court. ♦ order in the subject action upon close of Nerme The foregoing order was passed .by the tollawiag reC� of the Hoard AYES: Supervisors J: P. E�eoY, •A. M. Dias, T. J. Coll, Be A. Linrel►eLd, J. $. D�oriasty. . d e NOES: Hone, AMR": Nano: 1 hW6bY M* " Mw iso *WNW mind ar ei•crit eMwed.o�.tlie. =bWw of Mid amd of sups ims M dw 06womid. t cc: Auditor WWmy Beed end-the iesl.at.as awd et ��� Administrator 11th FebVeary District Attorney ems 9 W., T. MAWk Clrk; ;a. 4ISTRICT ATTORNEY'S OFFICE Contra Costa County Martinez, California January 30, 1969 Date TO: Walter T. Paasch, Clerk, Board of Supervisors Attention: Geraldine Russell FROM: John A. dly, District Attorney By: auul B er Deputy District Attorney SUBJECT: Pimentel v. DeSoto, Martin, Contra Costa County, et al.; Superior Court No. 99583 Attached is a letter from Joseph W. Jay, Jr. , addressed to this office, requesting that a legal defense be provided by the county to the Estate of Arch DeSoto in the above-captioned action. Also attached are copies of the petition and order appointing a special adminis- tratrix of said estate. The request for legal defense should be submitted to the Board for action. PWB:bw Attachment RE�EI TEa 3 w, T. PAASC14 OA OF SUPERVISORS CLOOsE COST Puty BY DA-51-2m o. - �9 j Jossra nW. JAY, Js. D �� T►�,..� L CA1Qliii.h nowNcv nr u►w 11 lY/ICS cuvc �oow-rwIw rowsw OAKLAMM CALIFORNIA�S1Z 'A inuu N :2 January 23, 1969 AT z: John NeJedly, Esq. District Attorney Court House Martinez, California =: Re: Pimentel v. DeSoto ;_ Dear Sir: `> Enclosed are copies of Petition for Speciale Letters of Administration, order Appointing, Letters, and copy of summons and complaint duly served on thea- Administratrix of the Estate of Arch DeSoto on a matter t` falling under his official bond Fr Yom' It is my understanding that your office will ; provide a defense for the Estate of Arch DeSoto. ' Pleaae Set me hear. from you.• Yours .very truly, JWJ:as Xnc ' .,,--. .. .' - •.' .' ., ': yr 7 ins v. s r L. ';+ 1 JOSEPH 1,1. JAY, JR. S GJF ,�N �llth Floor, Tribune Tower JZ ! 2 Oakland, California :1�1�! � c �3�-955 . 719,,9 cosz 5 6 7 8 IN TME SUPERIOR COURT OF TO STAT! O/ CALIF MIA, 9 IN AND FOR THE COWT Ot COl1'JtA COSTA 10 11 In the batter of the Estate of NO. 12 ARCH D*SOTO, PETITION FOR APPOINTYJW 13 OF SPECIALADMINISTRATRIZ . 14 Deceased. 15 16 TO THE SUPERIOR COURT OF TER STATE Cr CALIFORNIA# IN 17 AND FOR THE COUNTY OAF CONTRA COSTA: 18 Petitioner ALTA R. SCH= is informed and believes a" 19 thereon alleges and represents as followss 20 I 21 Petitioner is a resident of the County of Alameda, St&tA 22 of California, and secretary to JOSEPH M. JAY, JR., an attorney 23 duly licensed to practice in California, and representing a 24 creditor of ARCH DeSOTO on his official bond as Marshal and .that 25 petitioner is legally competent to act as administratrix. 26 II 27 That said ARCH DeSOTO died on or about May 3, 1966,. in 28 the County of Contra Costa, State of California; .that at the 29 time of his death he was a resident of the County of Contra Costa 30 State or California; that said deceased left an estate in Contra 31 Costa County consisting of real and personal property; that the 32 extent, identity, or value of any real property or personal propel t7' JOSEPH W.JAY.Jw. ATTOOMW AT"W "lows•ems . oaysrrr ►a.. OAiL/►MO.�CK1/.Niti - - •f.-so" 1 belonging to said estate is unknown to petitioner except that 2 said deceased, as Harahal of the Township of Richmond, County 3 of Contra Costa, State of California, had in existence his 4 official bond, given by him and by the PACIFIC INDEMITY COAMPANY, 5 and binding said deceased and PACIFIC IMEMITY COMPANY jointly 6 -and severally to discharge, pay, and satisfy certain obligations 7 to third persons arising out or the acts or omissions of said 8 deceased as Marshal and that thio principal sum of said bond 9 exceeds ;5,000.00= that petitioner is uasble to state the mount 10 of probable annual ineooe from, or rents, iasws or profits of, 11 said real and/or personal property. 12 III 13 That there is no person authorised to care for said 14 property, and no person upon whoa process may be served on. 15 behalf of said Estate; that there is unusual delay in granting 16 letters testamentary or letters of administration and there is 17 danger of its being neglected, ad the Estate greatly damaged 18 thereby, and the claims of creditors irreparably damaged or lostf. 19 that there has in fact been no application for letters of admin- 20 istration or letters testamentary at any time] that it is nee* 21 that some person be authorised to manage said estate property. . 22 23 w=WQRE, petitioner prays that she be appointed 24 special administratrix of said estate with authority to take 25 possession of said .estate and. to exercise such other powers as 26 may be necessary for the preservation thereof, or as are conferred 27 upon her by reason of her sppointmeAt. 28 29 ALTA R. SCHULZ 30 Petitioner 31 JOSEPH W. JAY, JR. Attorney for Petitioner 32 .IOiEPH W.JAY.JO. "wwc TOWN ' "Mawr"rumm ..OYiLAM0.p�N/.Mita . - • � it � �� ; : �.� 1 JOSEPH W. JAY, JR. t Attorney at- Law lAi� 17 1909 2 11th Floor Tribune Tower Oakland, California W. coal c L " 3 834-9555 BY - 4 5 6 7 8 IN 'PNS SUPERIOR COURT OF TO STATE OF CALWaIWIA, 9 IN AND FOR THS COWTT (V COMA COSTA 10 li In the of the Estate or ) NO. 12 ARCH DeSOTO, 13 ORDER APPOIHTIM SPECIAL 14 Deceased. ADMINISTRATRIX 15 The petition of ALTA R. SCHHULZ* By JOSEPH W. JAY, JA.; 16 her attorney, for special letters a administration or the 17 estate of the deceased in the above entitled proceeding came eo , is to be beard an January 19, 1969, in Dept. No. , the 19 . Honorable Thomas McBride, Judge Presiding, the Court, after 20 examining the petition, finds that all notices have been duly. 21 given as required by law, and that the facts alleged in said 22 petition are true, and the evidence having been heard, grants 23 said petition as follows: 24 It is Ordered, Adjudged, and Decreed that ARCH DeSOTO 25 died on May 3, 1966, than a resident of the County of Contra. 26 hL !h e.lcr"•,g c ! j�- Costa, State of California, and left estate/la the State of 27 California; that ALTA R. SCMILZ is hereby appointed special ad- 28 ministratrix of the estate of said deceased, and that as such 29 special administratrix of the estate of said deceased she shall 30 have power and authority t�take-posaesaloa=of-=sly=tl rear=and 31 par - 7 ? 'eeadent and preserve it from damage, 32 waste and injury and bo collect 6Zh&r-.1== JOSEPH W.JAY.is. AT"WOMM AT LAO nwiwc T�w� L faavaTM a�.. 6M.MmAM G"W 9"15 �isiMf 1 belonging---to the estate and for any such 2 and maintain or defend suits or other le D�rpose she may cogen gaI proceedinga.neceaa 3 to carry out these powers: and that said ALTA 4 give bond as such special administratriX i R` SCHULZ shall a the sum Of 5 surety, or • and that thereupOnapealal g . .letters of admiulstration: be isa ued to her in aMfwULty ritb ? this fir* upon her tahirw the oath irrd by Im 8 Dated: January 7 1969. 9 10 11 Jas CrTAB 3Qp8R ''' 12 Int jCQB�T; 13 14 15 16 - 17 18 _ 19 20 21 22 23 24 - - 25 2? 28 29 30 31 32 JCGEPH W.JAY, Ar Vale~ �f�`fiis i 2. V02-,569 20M Name. Address and Telephone No.of Attorney spa" Below for Use of Court Clap Only JOSEPH W. JAY JR. 11th Floor, Tribune Tower ` Oakland, California 834-9555 AM 17 1969 CONTR.1 COS ,%. CGU QTY DZ IV Attorney-.— for Administrat_zL&__ TCCC SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF Ii M=& COMA COSTA Estate of No. 3276.1 ARCH DeSOTO, ------ LETTERS OP DMINISTRATION • ` J State of California. County of Alameda: ALTA R. SCHULZ hereby appointed administra[ r of the plait of the above Gamed deoedeat (is/am) Witneo. +'' ;� �. deck of the above ea&W cores, with dw ad of the court >< 171969 By order of the aor:s. • Dated _________ Wep A�_If_ (SEAL) 7� Cmc By Depots auk. AFFIRMATION I solemnly affum that I will perform according to_law the duties of adminimtrat rsx of for mat of. the above named decWent. Executed on .__January _9. at XWt1AOZ _ (Dow) (now) 1008 Rhoda Avenue Oakland California. CERTIFICATION I hereby certify that the foregoing is a correct copy of the original on file in my office. and that said letters have not been revoked. annulled or at aside, and are still in full fora and effect. - Dated ACX G. BLUE, ( ) r --- -__.__.. Deputy Ctnk . SEAL B _.___._.___.---._._...---_._. J.Iiwt Eauad a GBtbi..ti.h I-t-SS. LETTERS OF ADMINISTRATION ham.C ms St«secs:c.cr.&W. erre: CLAIM AGAINST CONERA COSTA COUNTY Routing Endorsements Claimant: JOSEPH C. PA?POH . Address: 1450 Creekside Drive, Walnut Creek* Calitomia Attorney: F. Be Hart, Attorney at Law, Duu1n, Hart a l�eDeaald, No. 2 Pine street, San Pranelseo, Crlitornia Amount: $724.52 ; Date Filed: January 24, 1969 By delivery to Clerk br SKIN ror I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy Attached is a copy of the above claim. Does it comply substan- tially with Government Code Sections 910 and 910.2. -PAO%, DATED: January 24, 1969 V. T. PAASCH, By II. Deputy II. FROM: Office of the District Attorney TO: Clerk of Board of Supervisors Above claim complies substantially with Government Code Sections 910 and 910.2. Above claim FAILS to comply substantially with said Sections; Board may not act on claim until 15 days after notice is given by this office. t _ We recommend referral to N County's general insurance carrier; ( ) insurance carrier for Buchanan Field; ( ) other insurance carrier specified below; ( ) District Attorney. DATED: /-.2?- 9 JOHN A. NEJEDLY, By9 f-A I d1_t dt 4= Deputy III.FROM: Clerk of Board of Supervisors TO: (1) Public Works Department, Attention Business & Services Manager . (2) District Attorney, Attention Chief Civil Deputy Attached are copies of above claim which was REJECTED by the Board of Supervisors on Febroars 4. 1969 (copy of Board Order also attached) . Please forward is claim to ; the County' s general insurance carrier (or ) . Claimant notified of this action per Government Code See- tion 913 on Febroaa S. 1,969 , and memo thereof filed and endorsed on claim, per Government Code Section 29703. DATED: February 5. 1969 W. T. PAASCH, By k4_ W::,r�i14r-r,/-Zwwl� Mane ut IV. FROM: ( 1) Public Works Department (2) Office of the District Attorney '10: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement III. DATED: February 5. 1969 Public Works, By 7� DATED: February 5. 1969 District Attorney, Deputy r CLAIM AGAINST THE COUNTY OF CONTRA COSTA, STATE OFF I L ED . CALIFORNIA, AND THE CONTRA COSTA / V&.PDX COUNTY ANIMAL SHELTER JAN 24 1969 W. T. PAASCH CLERK BOARD OF SUPERVISORS CON OSTA2. TO: THE COUNTY OF CONTRA COSTA AND THE COUNTY:° "1Utr' CONTRA COSTA ANIMAL SHELTER a ; JOSEPH C. PATTON 1450 Creekside Drive Walnut Creek, California b ; Notices should be sent to JOSEPH C. PATTON, c/o DUNN, HART & McDONALD, Attorneys at Law, No. 2 Pine Street, San Francisco, California 94111 C The date of the accident was November 7, 1968 on Highway State Route 242 north of the Concord Avenue on-ramp, north-bound gore point. Claimant JOSEPH C. PATTON was driving north-bound on State Route 242 when a vehicle of CONTRA COSTA COUNTY, the CONTRA COSTA COUNTY ANIMAL SHELTER, pulled out into claimant's lane of travel, forcing claimant off the road, causing claimant to strike certain highway markers and a ditch, causing damage to his said automobile. d ; Claimant, JOSEPH C. PATTON, asserts a claim for damage to his automobile in the sum of $51+.52 property damage and loss of use of said automobile for• a period of twenty days at the rate of $10.00 a day, or $200.00 for loss of use. e The name and address of the employee of CONTRA COSTA COUNTY, The CONTRA COSTA COUNTY ANIMAL SHELTER who was driving the vehicle of the said CONTRA COSTA COUNTY, CONTRA COSTA COUNTY ANIMAL SHELTER, is unknown to the claimant as said individual did not stop his vehicle at the scene of this occurrence. f The amount claimedis 2 property damage, $200.00 loss of use a tal o $71 +.52. C. Iorney for PTTON, Claimant M t February 5. 1969 Dunn. Hart & McDonald Attorneys at Law No. 2 Pine Street San Francisco, California 94111 Attention Por. F. E. Hart Gentlemen: Enclosed is a certified copy of an order adopted by the Board of Supervisors on February 4. 1969 denying the claim of your client Joseph C. Patton, which claim was filed in this office on January 24, 1969. Very truly yours. W. T. PAASCH, CLERK. By Nancy Ingraham Deputy Clerk ni Enclosure � 7 CJUki'Y CLERK:S OFFICS CONTRA COSTA C%_XJNTY Inter-Office memw DAM January 290 1969 TOs Office of the District Attorney PROI: W. T. Pansch, Clerk SUWB=: Action No.R•15962 of the Supa_i r Court of the State of Cayifo--nia, in and- for the County of Contra Crista, . JM :NAXVU L and NIL= Ii iiaLL, STATE :OF MUMMA: COU]li -01F corm qumm 01 ale Attached is copy -3f Annd•d-3a�aa•-nsA _An nded Complaint: N_.... In the above-entitled action' ;teceived COM o atieM•- mentioned, doeatN�iRs. this, 29th ` d oi' .. 1§69 tar tlf • at Attorney. 66-12-500 fora 8.4 CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claiman* JOSEPH ZABLOCBI, JR., JOSEPH ZABLOCBI, SR., and BETTY ZABLOCBI Address: 156 Ardith Drive, Orinda, California Attorney: Irwin J. Eskanos, Attorney at Law, Gross, Gross, Rose & Schwartz, 2150 Franklin Street, Oakland, California Amount: $2000000 Date Filed: January 9, 1969 By delivery to Clerk By mail, postmarked Tsn_ 80 1464 I. FROK: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy Attached is a copy of the above claim. Does it comply substan- tially with Government Code Sections 910 and 910.2? DATED: January 9. 1969 i•?. T. PAASCH, By II. -Deputy II. FROM: Office of the District Attorney TO: Clerk of Board of Supervisors _ Above claim complies substantially with Government Code Sections 910 and 910.2. Above claim FAILS to comply substantially with said Sections; Board may not act on claim until 15 days after notice is given by this office. We recommend referral to O County's general insurance carrier; ( ) insurance carrier for Buchanan Field; ( ) other insurance carrier specified below; ( ) District Attorney. DATED: 1.3- JOHN A. N EJEDLY, Deputy III.FROM: Clerk of Board of Supervisors TO: (1) Public Works Department, Attention Business & Services Manager (2) District Attorney, Attention Chief Civil Deputy Attached are copies of above claim which was REJECTED by the Board of Supervisors on January 289_ IJ69 (copy of Board Order also attached) . Please forward this claim to the County' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on January 29- 1g6q , and memo thereof filed and endorsed on claim, per Government Code Section 29 3• DATED: January 29, 1969 14. T. PAASCH, By' ndjZM=3j0MW9U puty IV. FROM: ( 1) Public Works Department (2) Office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement III. DATED: Ja�nuarg 2q, �9_ 6, q Public Works, 3g `T� 1_ DATED: January 290 19,69 District Attorney, By )�t4� a• �( Deputy 1-20-�9 January 29, 1969 Gross, Gross, Rose & Schwartz Attorneys at Law 5th Floor, Bermuda Building 2150 Franklin Street Oakland, California 94612 Attention Irwin J. Eskanos Gentlemen: Enclosed is a certified copy of an order adopted by the Board of Supervisors on January 28, 1969 denying the claim of your clients Joseph Zablocki, Jr., Joseph Zablocki, Sr., and Betty Zablocki, which claim was filed in this office on January 9, 1969. Very truly yours, W. T. PAASCH, CLERK By Dorothy Lazzarini Deputy Clerk dl Enclosure GROSS, GROSS, ROSE 8 SCHWART2 ATTORNEYS AT LAW HARRY 14.GROSS SL FLOOR,BERMUDA BUILDING TKL[VNON6'. LEONARD A.GROSS 21SO FRANKLIN.STREET - - 8345020 SEYMOUR M. ROSE OAKLAND,CALIFORNIA 94612 - HOWARD L.SCHWART2 - - IRWIN J. ESKANOS BARRY R.GROSS - January 8, 1969 ,x County of Contra Costa Martinez California Gentlemen: Enclosed please find copy of Claim for Personal Injuries along with additional copy. Also -enclosed is a. stamped self-addressed envelope for your return after you: have noted thereon- the time and date you received said original claim. Thank you. Very truly yours, r GROSS, GROSS, ROSE &`;SCHWARTZ Z -az) IRWIN J. ESKA OS` IJE:if f CPIVDD AN ;� - 1969 Go Um M NI oeet�aq, r F"I' LE 1 JAN-9-:1:1 -1969 W: T. 'AA/CH JOSEPH ZABLOCKI, JR. , JOSEPH ZABLOCKI, SR. , ctf�Al� � TM and BETTY ZABLOCKI, +�► Claimants, CLAIM FOR PERSONAL INJURIES (Section 910 -v- Government' Code) COUNTY OF CONTRA COSTA TO THE COUNTY OF CONTRA COSTA: YOU ARE HEREBY NOTIFIED that JOSEPH ZABLOCKI; = JR ; JOSEPH ZABLOCKI, SR, and BETTY ZABLOCKI whose address is 156 Ardith Drive, Orinda, California, claims damages from the County of Contra Costa in the amount, computed as of thedateof ,the presentation of this claim, of Two Hundred Thousand Dollars ($200,000.00) . This claim is based upon personal injuries sus= tained by JOSEPH ZABLOCKI, JR, and medical expenses incurred thereby JOSEPH ZABLOCKI, SR, and BETTY ZABLOCKI for said injuries incurred by the aforenamed on or about November 6 1969, . in the vicinity of Moraga Way, 26 feet south of Coral Drive, `Orinda, California, under the following circumstances: The county's failure to maintain properly and• in a safe manner the street and highway commonly known as Moraga Way in the said county with knowledge of the many students cross- ing said highway and of the traffic by commuters thereon failed to install a crosswalk or other safety device for the crossing of said street and highway. That the minor, JOSEPH ZABLOCKI, 'JR, in attempting to cross said street and highway was struck and severely injured by the automobile driven by one, Jean Larkin of 16 Las Vegas Road, Orinda, California. The injuries sustained by claimant, JOSEPH ZABLOCKI, JR. , as far as known, as of the date of presentation . of this ;claim, consist of broken legs, broken' bones6oncussion, G; bruises, cuts, abrasions, shock and injuries to the nervous sys tem. The amount claimed as of thedate of presentation of this claim is computed as follows: DamagesIncurredto Date y ' Expenses for Medical and Hospital Care $3600.00: = s General Damages $19E,.500 00' Total Claimed as of the date of; presentation of this claim.;$200;000..00 All notices or other communications with-'regard oto . -his claim should be sent to Claimant at Gross, Gross, Rose & 5 Schwartz, 2150 Franklin Street, Oakland, : California. Dated: January 8, 1969. 1 ' IRWIN J. KANOS, Attorney for Claimants. W 3 �r -2 O �s g cp w w co r3 6+`'- �n k j 1.... t k i lh ly . In the Board of Supervisors Of Contra Costa County, State of California January 21 M the Mattw of Authorizing compromise settlement of county claim. On motion of Supervisor T. J. Coll. secondedbySupervisor J. P. Kenny, IT IS BY THE BOARD ORDEM that the County Auditor. Controller is AUTHORIZED to accept $1.000 as a compromise settlement of county claim against Primi Samudio. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny. T. J. Coll, E. A. Unscheid, J. E. Moriarty. NOES: None. ABSENT: Supervisor A. M. Dias. n;. r 1 hereby certify that the foregoing is a true and correct copy of an order an iht. minutes of said board of Supervisors on the date aforesaid. Witness my hand and dw Seal of the Board of cC: Auditor Supervisors Administrator affixed ;his 21s _doy of _rQ.,uA,.w , 196.9.— District 196District Attorney (2) W. T. PAASCH, Clerk by Deputy Clerk H24-3/68-I0M Nane c? COUIlY CLE E S OFFICE CONTRA COSTA COUNTY Inter-Office Mems DIRT S: .Tinuary17, 1969. TO& Office of the District Attorney �. rRaka W. T. Paasch, Clerk SUWBCT s Action hlo. 99583 of the Superior Court of the State of California, in ar_3 for the 0'_%v_:ty of Cont:a Costa, nLVID R PIIS MEL- Trustw er MARY and MANUEL PIMENTSL TRUST :;s, �BS�DmS?3�. L: comer n�+ Conn COSTA, EP AL. •�►*wsf:�*���t�*#�**�x#��#*#*�**#*s**������ss•*rss*isf�a:+���s : ,, Attached is copy of Sm na and p Ca■�lit - - -- in; theabove-ent;tled action. Received c*py of aDgw- msntioned doeu■ ts. tl�is 1T ` day-of, of Attorney. _F 66-12-500 Form 8.4 t; CJU►11'i'Y CLMtKc S OFFICE CONTRA COSTA COUNTY Inter-Office Mew DAM January 169 1969 TOs Office of the District Attorney pRok s Md. T. Paas ch, Clerk SOBJBCTs Action No. 50501 of the sited States District Court in and for the Northern, District of California UNITED STATES OF AMER-LCA s. M. Be Ta1M et al*g and •::w•+*w�,���*:�t*t�*wf*�t**+rt�a�e�*s*�sefsfsssssss�s�se*t�* `•j Attached is copy 7f Motion for Order tca� Delivaar�r of Possession and related,docuwanta is the-above-entitled action. Received C*Ml of 86000-- 26th- Attorneys 100026th Attorney. lb4a- A �` 1 66-12-500 bora 8.4 COMWXY CLERKS S OFFICr's cconstA COSTA COUNTY Inter-Office h000 DiATs� January ;9, . 1969 TO& Office of the District Attarney la0h& ,11. T. Paasch, Clerk 898MMs Action No. 113013 of the Sppari r Cauof- the State of California, in and for the Oounty of Contra Costa, RILEY A. JONES and BE'TT'Y JONES COUNTr OF CONTRA COSTA, et al. , > S. ,r Attached is copy of _Sumons and C ],Sint p K. In the above-untitled action. _ Received copy of above- mntionad;doormats: this day of 196 _, foot tlr ets Ct _ _ Attoswy. 66-12-500 , mm 8.4 zNy„J' f . .. -...-:.<M...: ._ .:..-..-...;�._..� __:: :. ... -:...._._...- - ,.._. ,._+-.-...—.......a .........-.►:...,�... -... '. a---. - _ '. .. yer.7.1+.r'.xi:,. F January 22, 1969 Rudolf Winkler, Attorney at Law 8500 Wilshire Boulevard, Suite 1010 Beverly Hills, California Dear Mr. Winkler: Enclosed is a certified copy of an order adopted by the Board of Supervisors on January 21, 1969 denying the claim of your client, Steve Adams, which claim was filed in this office on January 9, 1969. Very truly yours,, W. T. PAAS C1T, CLERK By Dorothy Lazzarini Deputy Clerk d1 Enclosure LAW OFFICES 8500 WILSHIRE BOULEVARD—SUITE 1010 RiJDOLF VUiNKLER BEVERLY HELLS.CAUFORNiA 9opm W. 7 s P A A SC H - OLYMPIA 2-9941—OL[AN0EN S-51772— �,. c ao,► aF su January 6, 1969 Vlerh, County of Contra Costa Martinez, California Re: Steve Adams Date/Injury 1041-"' (App=osi1ate) Place: Contra_ ontra Costa County: Hospital Claim for DamMs Gentlemen: Phis office represents Mr. Steve Adams formerly of 2426 Gaynor, Richmond, California, Jo his claim against tte County of Contra Costa, Contra Costs County Hospital, Martinez, California, and the agents, employees and doctors' of said county and hospital. We are enclosing herewith, claim for damages, .and since. , we do not have the printed form which your .couoty `may arowlde, we are enclosing a form used In Los. Aegbies. We are "doing this in order to be sure that we comply with the provisions of the state of Caiiforoia, Government Code -Section 911.2: ' If you wish as to file an amendment to this claim os. if yon wish on to use the form provided by your county ` please be ]find enough to forward the same to this Office at tbO earliest possible time and we will comply with your request. 'Our main purpose in filing the esciosed with you. is to - preieat the running of the statute of lisitatioss agafost ' any claim which my client may have. Very rely yours, RUDW H[LB RW:tr enc. Fam Coat:100—M Sets--3.67(8 8f TO THS; CLAIM FOR DAMAGES Reserve for Filing Stamp OIUG Mt FOR FILE CLAIM No. Clerk, County of Contra Costa Clerk or Auditor - Contra Costa County Hospital Board of _Supervisors - County of Contra Costa FI LED 4F 9 Sn" ADAMS - C/O RUDOIIr wInnSR, Attorney at Law Name of Claimant JAN ' i4r,Q 8500 Wilshire Blvd. , Suite 1010 W. T. PAASCH CLE—::K BOARD OF SUPERVISORS Address of Claimant O RA COSTA CO. Beverly Hills, California 90211 OL 29941 a Deputy City and State Telephone Number DA=5 I PASTICUI AILS Ii AMOUR" llll 4su OctoberClaimani e a patient of Contra Costa County Hospital, pursuan to Cou t Order, d by Richard S. Arnason, Judge, on September �, 1968 pie to tigeoce o! the county employees in permitting said cl irnt tleay�wof said hospital, ther�i causinghis to fracture b s leftleg andlot. Claimant further sakes claim against the Cour y o! tra Costaa tra Costs County Hogpital, th�tors. verses, att t e oases oare not now known to claimant, but wbeo we do disco er thenames ooctors, nurseg. attendants, we will supply them' !or medical malpracd negligence Ts the above-named io caring !or'�ie a ter he d sustainin3uries. Claimant allegps that his damage resulting from the above- id a t to be: , 700.000 Claimant furt er reouests that all cosmunicatioos concerning this late be directed tote claimant's attorney: _RUDOLT W1JKLER Attorney at Law _8500 Wilshire Blvd., 1010 Beverly Hills, California J. 90211 Telephone: OL 29941 3 (If additional space is needed, attach further sheets to*this one, stating the particulars, dates, and amounts, as above.) STATE OF CALIFORNIA, ss. County of Los Angeles ))) STEVE ADAMS --------_--_, being sworn, deposes and says: ane that_—he-_ is the claimant(s) in the above-entitled claim; that___he.--Mead isQ read the foregoing claim and sheets a attached thereto, know(s) the contents thereof, and that the same is true of _ Py own knowledge, except as to the matters which are therein stated on information or belief, and as to those matters that _.he— believes) it to be true. Subscribed and sworn to before me Januar this s_ y of — 19-9-9 _ S BAD 3„ NOTE: All claimants may be ttqttiied to M examined as to their claim ender oath. (C M4 ►raaewM -a of a false ela„w is a felony. (Cal. Pew. Cede Section 72.) t t.ly s:r t C:R 0 Y M Y O m A r CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: Morris R. Jeppson Address: 400 Del Amigo Road, Danville, California 94526 Attorney: Amount: $363.47 Date Filed: January 150 1969 By delivery to Clerk By mail, postmarked man- h,,i gAa I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy Attached is a copy of the above claim. Does It comply substan- tially with Government Code Sections 910 and 910.2? DATED: January 15_ 1964 W. T. PAASCH, ,1 II. Dorothy LAzarifiVePUtY II. FROX: Office of the District Attorney TO: Clerk of Board of Supervisors Above claim complies substantially with Government Code Sections 910 and 910.2. Above claim FAILS to comply substantially with said Sections; Board may not act on claim until 15 days after notice is given by this office. We recommend referral to (---1 County's general insurance carrier; { ) insurance carrier for Buchanan Field; { ) other insurance carrier specified below; ( ) District Attorney. DATED: JOHN A. N EJEDLY, By4��L�l Deputy III.FROM: Clerk of Board of Supervisors TO: ( 1) Public Works Department, Attention Business & Services Manager (2) District Attorney, Attention Chief Civil Deputy Attached are copies of above claim which was REJECTED by the Board of Supervisors on _January 2,, 1469 (copy of Board Order also attached) . Please forward th claim to the County' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on January 22. 1969 , and,memo thereof filed and endorsed on claim, per Government Code Section 970, 0 DATED: January 22, 1969 W. T. PAASCH, B Darn T_� ;�,, neputy IV. FROM: (1) Public Works Department (2) Office of the District Attorney O: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement III. DATED: Jan. . 1969 Public Works, By,�� . v1 r DATED: Jan, 22, 1969 District Attorney, By Deputy i January 22, 1969 Mr. Morris R. Jeppson 400 Del Amigo Road Danville, California 94526 Dear Mr. Jeppson: Enclosed is a certified copy of a board order of January 21, 1969, denying your claim for damages which was filed in this office on January 15, 1969. Very truly yours, W. T. PAASCH, CLERK By Dorothy zzar Deputy Clerk dl Enclosure PON' w .�.... . . .._., -.. ,. i. . - .s MORRIS R. ,IEPPSON Opp DEL AMIGO ROAD DANVILLE. CALIFORNIA 04526 w" ,c> d of 3 REpyaIVE-D � � � � 1969 JAN- 15 treeu�ss ,r� W. T. P A A$:C.H eatft� c,.I[n,c: Rv a�suI'Envl,waRs k 1 TRA A /� col#: j W tfdyt � t Qi ot, kle ,H left Six S vae {. 1 v4��e r cvlfiSrr<,ti repo p a /� d z a_ae 3 S, Hoe 363; fT IfV � r face qo :C dwu cofy Mir. 1D. U�oct STAR VIEW RANCH 4 TELEPHONE (ARcw 4t5) 837-7142 to _ - ty- � 0110 ...._. ...« .,. ...__� it ,t . I ' N 1 co m I to m m �v m D m m n m _ N�^ n r a �Q. On Q m N <, fsg i1 13:wit - i 1 0 :7 mz 0. ITT _ IN T g I a m •f S+ � 7 {N p�� o Z ._ o P _ O my H #; �;..6 'f.-Z P 1- m I .. .I - - --_e VI 00 n = Vlr n mVI io 0. _U-i— c _ a -__._, ciao°' o• - _ Oy ,t,. El '. _ 2 Hy n r Z o. _ - - - H n a " C0 A Z D 1-:4 - 98.9394 NORICK OKLA»OYA CITY S c a t. .....n.'.: .., ye,.-3.. .-•., { ..•, '.-. '. _li""... -.. r �r A 5 �J i £i:. :,ice•. i i _ abP „a vJ � s O N 4 p = �:. go 4 Z a O ac ¢ ci > m w It a . Q o <_ 0.i - 0 y fe.. r 4 m n 1 y r G - rF„ m m 4 i - sq����• O T � ; 't w- i 00 f1 f..S• "1 � �at 11 f , 1 � N 10 T n O .+ Y . G 5 Fti ' + " a .. .,. ..,.. ..,..:: s-s,. ....., 'rs ..4....:F.-.s' rrs:3u«.sr•�`.'f,Y'�»''L":.F. ,a m ?#'r, ... Ir V'. 6. �'K.- ` .w�... ^"*, -.,., a•.u;,'3w.,.: .c.�t'h'ti.; r..l+..v'�.... : "ie L "R N w O p p 0 0 O Y r �i •` y. >v Z G O O O O O O kJ fW s p 5 = T U LZ I z i Y. Z w ` Ul W 1. a e=. 0 - O Q v W O Y � Y , ° J m 'p J w r � 4 w SS J a _ a o 0o d a. � d n O � m Q Z o 4 O Z E �.r, Cl v. a at II a o _ N a -DATE FROM � , LC M.t SUBJECT r. M.* -; .;t"^ � c,� � j.g,,.v-'s.� r`3'i++',. :gyp 11w°�L'rs.,.�,�,-'�?,,,.•s,,,�... 4xry.:.�.4��.;arr k- • X� " x' SIGNED '. : j , 4 TO DATE- Y r �C f rs _ 4 v Y Y 1 S 4Zr Fi fZ St«. 4 "Dh $ t � 3 � SIGNED n . y k INSTRUCTIONS' FILL IN.TOP PORTION REMOVE DUPLICATE(YELLOWLANO;FOR ` r :-WARD REMAINING PARTS,WITH CARBONS.TO PLY. FILL.IN.LOWERIPORI..._ ANO SNAP OIIT;CARBONS:RETAIN TRIPLICATE;c{PINK)ANO RETURN ORIGINAL y CLAIii AGAINST CON-IRA COSTA COUNTY outataid�r�e s UISTRICT ATTORNEYS OFFICE Claimant: WILLIAM F. BECKETT and A. C. RAWSON MARTINEZ Address: 92 Van Ripper Lane, Orinda, California CONTRA COSTA COUNTi(, CgLIF Attorney: Donald W. Curran of Wagener, Lynch, Curran & Minney, Attorneys at Law, Suite 800 Tribune Tower, Oakland, California 94612. Amount: $120,000 Date Filed: December 30, 1968 By delivery to Clerk by attQrneota fe�resentatae� I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy Attached is a copy of the above claim. Does it comply substan- tially with Government Code Sections 910 and 910.2? . i DARED: December 30, 1968 ?. T. PAASCH, By rot an= II. Deputy II. FROM: Office of the District Attorney TO: Clerk of Board of Supervisors Above claim complies substantially with Government Code Sections 910 and 910.2. Above claim FAILS to comply substantially with said Sections; Board may not act on claim until 15 days after notice is given by this office. We recommend referral to ( ) County's general insurance carrier; ( ) insurance carrier for Buchanan Field; ( ) other insurance carrier specified below; District�Attorney. , DATED: 6 S JOHN A. NEJEDLY, By Deputy III.FROH: Clerk of Board of Supervisors TO: (1) Public forks Department, Attention Business & Services Manager (2) District Attorney, Attention Chief Civil Deputy Attached are copies of above claim which was REJECTED by the Board of Supervisors onSnuary 21, ISA9 (copy of Board Order also attached) . ease forward this claim tocarrier ' the County' s general insurance carrier * & umbrella insusance/ Claimant notified of this action per Government Code See- tion 913 on January 22. 1969, and memo thereof filed and endorsed on claim, per Government Code Section DATED: January 22, 1969 1-1. T. PAASCH, B Deputy IV. FROM: ( 1) Public Uorks Department (2) Office of the District Attorney T0: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement III. DATED: January 22, 1969 Public +:forks, By `7f DATED: January 22. 1969 District Attorney, By Deputy _�__INST COt'iLA COSTACOUNTY Routinr. Endorsements Claiyant: :•1'f ,LIAM F. BEC ETT and A. C. RATdSON . Address: 92 Van RUpper Lane, Orinda, California z��orley: Donald 1 Ltiarran of liagener, Lynch, Curran & Minney; Attorneys ut Law, Suite 800 Tribune Tower, Oakland, California 94612. _L-,ount: $120.9000 -Daze riled: December 30, 1968 V� By delivery to Clerk bv_ t�tn_n_gy,, (o � OL Clerk of Board of Supervisor TO: District Attorney, Attention Chief Civil Deputy ,ttached is a copy of the above claim. Does it comply substan- tially with Government Code Sections 910 and 910.2? . � ,61 DaiED: December 30, 1968 1-1. T. PAASCH, By DorotW Laz ?� II. y Deputy II. RO..: Office of the District Att6rney T0: Clerk of Board of Supervisors Above claim complies substantially with Government Code Sections 910 and 910.2. Above claim FILS to comply substantially with said Sections; Board may not act on claim until 15 days after notice is given by this office. We recommend referral to ( ) County➢s general insurance carrier; ( ) insurance carrier for Buchanan Field; ( } other insurance carrier specified below; ( ) District Attorney. DxTED: JOHN A. NEJEDLY, By Deputy Clerk of Board of Supervisors ( 1) Public Works Department, Attention Business & Services i4anager (2) District Attorney, Attention Chief Civil Deputy atached are copies of above claim which was REJECTED by he Board of Supervisors on (copy of 7-oard Order also attached) . Please forward this claim to the County' s general insurance carrier (or ) . ' Claimant notified of this action per Government Code Sec- tion 913 on , and memo thereof filed and endorsed on claim, per Government Code Section 29703. D :T .D: W. T. PAASCH, By Deputy iJ. FRW-1: ( 1) Public Uorks Department (2) Office of the District Attorney T0: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement III. D i_ED: Public Works, By DATED: District Attorney, By fes' Deputy January 220 1969 Donald W. Curran, Attorney at Law Wagener, Lynch, Curran & Minney Suite 800 Tribune Tower Oakland, California 94612 Dear fir. Curran: Enclosed is a certified copy of an order adopted by the Board of Supervisors on January 21, 1969, denying the claim of your clients William F. Beckett and A. C. Rawson which was filed in this office on December 30, 1968. Very truly yours, W. T. PAASCH, CLERK By Dorothy LazzariU Deputy Clerk d1 Enclosure F 1 E p DEC 3 01M W. T. PAASCH CLAIM OF ) CLERK 0MR0 OF SUPE11V1iO#M WILLIAM F. BECKETT, JR. , �r t w CO.�w and A. C. RAWSON, ) Claimants ) VERIFIED CLAIM -vs- FOR PROPERTY DAMAGE STATE OF CALIFORNIA, Division of Highway, SAN FRANCISCO BAY } AREA RAPID TRANSIT DISTRICT, - a public body, corporate and ) politic, and COUNTY OF CONTRA COSTA, ) TO THE GOVERNING BOARDS OF EACH OF THE PUBLIC ENTITIES' HEREINABOVE DESIGNATED: YOU AND EACH OF YOU are hereby notified that WILLIAM F. BECKETT and A. C. RAWSON, whose address is 92 Van Ripper Lane, Orinda, California, claim damages from each of the public entities hereinabove set forth in the amount computed as of the date of presentation of this claim of ONE HUNDRED TWENTY THOUSAND ($120,000.00) DOLLARS. This claim is based on damage to real property owned by the claimants on or about December 16, 17, and 18, 1968. Said property is located in the County of Contra Costa, . State. of California in the vicinity of the State Highway- near'-the -El Curtola Overpass between the City of Lafayette and the City of Walnut Creek, and more specifically described as follows: PARCEL ONE: Portion of the Rancho Canada Del Hambre, Southern " Part, containing 0.795 of an acre, more or less, described as follows: Beginning at a 1-1/4 inch iron pipe- at the south- west corner of the parcel of land described as Parcel One in the deed from A. G. EVES, et us, to EVERETTE R. De:�TLEY, et ux, dated July 19, 1943 and recorded August 6, 1943 in book 746 of Official Records, page 4; thence from said point of beginning, north 10' 56130" east along the west line of said DeAtley parcel, 173.29 feet to the northwest corner thereof; thence south 890 41' 30" east along the north line of said DeAtley parcel; 177.06 feet to a 1-1/4 inch pipe distant thereon, north 890 41' 30" west 296.94 feet from a 1 inch iron pipe at the no-theast corner of said DeAtley parcel; .thence south 2" --age One 44' west, _ 171.-�3 feet to a 1-1/4 inch iron pipe; thence south 170 01' east 28.66 feet to the center line of the 40 feet in width road described at Parcel Two herein, and from which point the center • of a curve to the left with a radius of 52.0 feet bears south 490 18' 30" east; thence southerly along the arc of said curve, 40.87 feet to a point from which the center of a curve to the right with a radius of 262 feet bears north 830 39' 30" east, thence north 84' 05' west 207.74 fest, -ore or less, to a point in the east line of the parcel of land described in the deed from M.M. Garrett, et ux, to A. G. Eves, et ux,dated May 19, 1944 and recorded June 21, 1944 in book 760 of Official Records, page 422; thence along said east 1 .ne, north 100 568 30" east 46.84 feet to the point of beginning. PARCEL TWO: The right of way :;_anted in the Deed from M. M. Garrett, et us, to A. G. Eves, et ux, dated September 17, 19413 and recorded October 4, 1940 in book 559 of OfL-cial Records, page 182, as . follows: "A right of way f roadway, public utilities and other purposes, nos. exclusive and to be shared in common with others"-"over a strip of land being 20 feet on each side of a center line measured at right angles The said center line being described as f::,ll s Beginning at the southeasterly co_ner of that certain tract cf !and conveyed by n_ M. Garrett and Edith S . ,_rrett, husband and wife, to A. G. Eves and Zara Mae Eves, husband and wife, by deed dated the 28th day of January 1939 and recorded in book 368 Official Records page 325, Contra Costa County, California, and running thence south 7':0 58'30" west 289.73 feet; thence on a curve to ne left, the radius of which bears south 1701'30" east 52 feet, an arc distance of 70.17 feet thence south 4*20130" east 234.04 feet to the northerly line of the State Highway". EXCEPTING FR02i Parcels One and Two above, the interest conveyed to the State of California from Dorothy E. Beebower, et al, by deed dated February 4, 1955 and recorded December 13, 1957 in book 3089 of Of-ficial Records at page 87. The damage to property arises our. of cutting and grading of the parcel of property immediate;v ac:jacent to and to the south of claimants ' property and gene--ally described as a slope easement and subadjacent fee thereon hi-ardering the above described State Highway. The cutting and grEirg of the slope was negligently performed in that on or about th__- days above set fort.- a slide of :aar.�::;jth proportions occurred ong the southerly :.. operty, line- Page o of claimants' property resulting in a scarf line approximately 15 feet in height from that portion of the earth which came to rest after the slide. Accordingly, claimants property is in no way supported and is now unstable and not fit presently for use by claimants or anyone else. So far as is presently known by claimants, said grading and cutting was done by the agents, employees or subcontractors of .Peter Kiewit and Co., whom claimants are informed and believe were employed by the public entities involved to cut and grade the parcel of property immediately adjacent to claimants. Claimants are informed and believe that the cost of stabilizing the site will probably exceed the fair market value thereof and, accordingly, claim is made for the total value of the property, as set forth above. In addition thereto claimants have employed engineers to apprise them of the likelihood of .continued movement of said soil mass and to advise them of what action should be taken in order to prevent damage to adjacent property owned by third parties. This expense has not yet been computed. - All notices or other communications with regard to this claim should be sent to claimants care of their attorneys Wagener, Lynch, Curran & Minney, Suite 800 Tribune Tower, Oakland, California 94612. Dated: December 23, 396 r W L A. C. RAWSON WA GEN H, C EY BY;, Donald W. Ctufran Attorneys for Claimants 0 Page Three ATTORNEYS ' VERIFICATION I am an attorney at law admitted to practice before all courts of the State of California and have my office in the City of Oakland, County of Alameda, State of California, and am the attorney for claimants in the above entitled action; that the facts in the above entitled action are within my personal knowledge; that claimants are unable to make this verification becuase they are absent from said county and for that reason affiant makes this verification on claimants' behalf; that I have read the foregoing Verified Claim for Property Damage a and know the contents thereof, and the same is true of my own knowledge, except as to those matters which are therein stated on my information or belief, and as to those matters I believe it to be true. I declare under penalty of perjury that the foregoing is true and correct. Executed at Oakland, Cali n' this 24th y of December, 1968. DONALD W. CURRAN Page Four