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HomeMy WebLinkAboutMINUTES - 07241984 - 1.17 CLAIM ` BOARD OF SUPERVISORS OF CONTRA COSTA COUN TY r CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CIAIlMAIgr July 24, 1984 governed by the Board of Supervisors, ) The copy of rnis ck)cuiment maned to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings'. Claimant: William M. Ferguson County Counsel Attorney: Audrey Sue Montana JUN 18 1984 2150 Shattuck Ave. , Suite 817 Address: Berkeley, CA 94704 Martinez, CA 94553 1 . Amount: $1,000,000.00 By delivery to clerk on Date Received: ' June 18, 1984 By mail, postmarked on June 15, 1984 I. FROM: Clerk of the Board ot Supervisors County Counsel Attached is a copy of the above-noted claim. Dated: BY June 18,1984 J.R. OLSSON, Clerk, By .�(y,�.� Deputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) () This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3) . ( ) Other: Dated: By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3) . IV. BOARD By unanimous vote of Supervisors present (X)o This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. ' $eeni DuBois - Dated: - 24- 84 J. R. OLSSON, Clerk, ByDeputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only.six, (6) months from the date of this.- notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: 7-24-84 J. R. 02SSON, Clerk, By ` , Deputy Clerk ccs County Administrator (2) County Counsel (1) CLAIM 0 0 0 o LAW OFFICES �JAMES M. ROGERS L::n VEDGreat Western Building 2150 Shattuck Avenue, Suite 817 1984Berkeley, California 94704NTel. (415) 644-3434 PERVISOFSCO. CLAIM AGAINST PUBLIC ENTITY De Name of Public Entity : CONTRA COSTA COUNTY Name and address of Claimant : WILLIAM M. FERGUSON 1881 SUTTER STREET , APT . 102 SAN FRANCISCO , CALIFORNIA 94115 Send Notices to : AUDREY SUE MONTANA , ATTORNEY AT LAW 2150 SHATTUCK AVENUE , SUITE 817 BERKELEY , CALIFORNIA 94704 (415) 644-3434 Place and date of Occurrance : MARCH 9 , 1984 ; NORTH FRANCISCO WAY AND MONTEREY DRIVE, ANTIOCH , CONTRA COSTA COUNTY , CALIFORNIA. Circumstances of Occurrance : VEHICULAR COLLISION BETWEEN REFUSE TRUCK AND AUTO . WILLIAM M. FERGUSON WAS INJURED AND FREDA FERGUSON WAS KILLED AS A RESULT OF THE 1 ) INADEQUATE . TRAFFIC CONTROL (NUMBER OF CONTROLS , SIGNS) IN THE INTERSECTION IN WHICH THE COLLISION OCCURRED AND 2) THE NEGLIGENCE OF THE DRIVER OF A REFUSE TRUCK WHICH WAS ACTING AS AN AGENT ON BEHALF OF THE COUNTY OF CONTRA COSTA, CALIFORNIA. Description of Damage or loss : FOR HIS OWN PERSONAL INJURIES , MR. FERGUSON CLAIMS DAMAGES OF SERIOUS PERSONAL INJURY , MEDICAL AND OTHER ASSOCIATED AND INCIDENTAL EXPENSES , LOST WAGES , AND PROPERTY DAMAGE . FOR THE WRONGFUL DEATH OF HIS WIFE , MR. FERGUSON CLAIMS PECUNIARY LOSS ; LOSS OF SOCIETY AND COMPANIONSHIP ; FUNDERAL EXPENSES ; LOSS OF LOVE , AFFECTION , SUPPORT , AND 000 19 WILLIAM M. FERGUSON Claim Against Public Entity Page Two MEDICAL EXPENSES ; LOSS OF EARNINGS ; PROPERTY DAMAGE; COMFORT AND PROTECTION OF HIS WIFE ; LOSS OF ADVICE , CARE , AND COUNSEL OF HIS WIFE; AND OTHER ASSOCIATED AND INCIDENTAL EXPENSES . Total Amount Claimed : $ 1 ,000 ,000 . 00 Breakdown of Claim: GENERAL AND SPECIAL DAMAGES JA 6 0-4 J" DATE REY SUE MONTANA LAW OFFICES OF JAMES M. ROGERS 2150 SHATTUCK AVENUE , SUITE 817 BERKELEY, CALIFORNIA 94704 000020 a " CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA C0U Tl'Yr CALIF_ JIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CCAIMMU July 24, 1984 governed by the Board of Supervisors, ) The copy of th s document ma ed to.vw is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: William M. Ferguson, Jr. and Palmer Ferguson County Counsel Attorney: Audrey Sue Montana JUN 18 1984 2150 Shattuck Avenue, Suite 817 Address: Berkeley, CA 94704 Martinez, CA 94553 Amount: $2,000,000.00 By delivery to clerk on Date Received: June 18, 1984 By mail, postmarked on ,T„nP 1S,' 1984 I. FROM: Clerk of the Board ot Supervisors County Counsel Attached is a copy of the above-noted claim. Dated: June 18_,_ 1984 J.R. OLSSON, Clerk, By Deputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) V, This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to amply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3) . ( ) Other: Dated: By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County cunsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3) . IV. BOARD ORtiER By unanimous vote of Supervisors present (X ) This claim is rejected in full. ( ) Other:. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. eeni DuBois Dated: 7-21-§l J. R. OZSSON, Clerk, By „�� i`c�o r Deputy Clerk MMUNG (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mailto file a court action on this = claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. r DATED: 7-24-84 J. R. OZSSON, Clerk, By u1 `+o , Deputy Clerk oc: County Administrator (2) County Counsel (1) CLAIM 0 0 0,0-2 1. LAW OFFICES JAMES M. ROGERS RECEIVED Great Western Building 2150 Shattuck Avenue, Suite 817 I !.! ��� I�'�`1 Berkeley, California 94704 J. R. OLSSON Tel. (415) 644-3434 CLERK BOARD OF SUPERVISORS ONTRA COSTA CO. By-... ......Deputy CLAIM AGAINST PUBLIC ENTITY Name of Public Entity : CONTRA COSTA COUNTY,_ CALIFORNIA Name and address of Claimants : WILLIAM M. FERGUSON, JR. , PALMER FERGUSON 1881 SUTTER STREET, APT . 102 SAN FRANCISCO , CALIFORNIA 94115 Send Notices to : AUDREY SUE MONTANA, ATTORNEY AT LAW (415) 644-3434 2150 SHATTUCK AVENUE , STE 817 , BERKELEY , CA 94704 Place and date of Occurance : NORTH FRANCISCO WAY and MONTEREY DRIVE , ANTIOCH, CA Circumstances of Occurrance : VEHICULAR. COLLISION BETWEEN REFUSE TRUCK AND AUTO . WILLIAM M. FERGUSON WAS INJURED AND FREDA FERGUSON WAS KILLED AS A RESULT OF THE 1 ) INADEQUATE TRAFFIC CONTROLS (SIGNS , NUMBER OF SIGNS , ETC) AT THE INTERSECTION IN WHICH THE COLLISION OCCURRED AND 2) THE NEGLIGENCE OF THE DRIVER OF A REFUSE TRUCK WHICH WAS ACTING AS AN AGENT AND IN BEHALF OF THE COUNTY OF CONTRA COSTA, CALIFORNIA. Description of Damage or loss : THE CLAIMANTS ARE CHILDREN OF THE DECEASED . THE CLAIMED DAMAGES ARE PECUNIARY LOSS ; LOSS OF PARENTAL CARE , ATTENTION, ADVICE , INSTRUCTION , AND GUIDANCE; FUNERAL EXPENSES ; LOSS OF LOVE, AFFECTION , SUPPORT , AND SERVICES ; MEDICAL EXPENSES; LOSS OF EARNINGS; PROPERTY DAMAGE ; MEDICAL EXPENSES ; AND OTHER ASSOCIATED AND INCIDENTAL EXPENSES AND DAMAGES . 000022 WILLIAM M. FERGUSON, PALMER FERGUSON Claim Against Public Entity Page Two Total Amount Claimed : $1 ,000 ,000 .00 PER EACH CLAIMANT Breakdown of Claim: GENERAL AND SPECIAL DAMAGES s DATE Y SUE MONTANA LAW OFFICES OF JAMES M. ROGERS 2150 SHATTUCK AVENUE, SUITE 817 BERKELEY, CALIFORNIA 94704 000023 AMITIDL•;Dt (.-LAI M CMM ' BOARD OF SOPERVI9M OF CORM 0099 COORTY, CALIFOFNIA BOARD ACTION r.� Claim Against the County, or District ) NOTICE TO CLAD%M governed by the Board of Suvervisors, ) The copy of this document ma led to you is your Routing Erydorsements, and Hoard j notice or the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below) , to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Shelter Development Corporation/William A. Patterson Cour ,1ty CJU"1S81 Attorney: James P. Slater 11, Esq. JUN 1 :-' 1984 Haims, Johnson, McGowan & McInery Address: 490 Grand Avenue �� 94553 Oakland, CA 94610 Via County Counsel Mditln2�, Amount: Unspecified By delivery to clerk on _ June 15, 1984 Date Received:. June 15, 1984 By mail, postmarked on I. FROM: Clerk of the Boarl ot Supervisors County Counsel Attached is a copy of the above-noted claim. Dated: June 15, 1984 J.R. OISSON, Clerk, By Deputy Jolene Edwards II. FROM: County Counsel M: Clerk of the Board of Supervisors (Check only one) k ,) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8) . ( ) Claim is not timely filed. Clerk shayld return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3) . ( ) Other: Dated: By: i Deputy County Counsel III. FROM: Clerk of the Board 70: (1) Countyounsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3) . IV. BOARD CRDER By unanimous vote of Supervisors present ( X) This claim is rejected in full. ( ) Other: I certify that this is a true and oorrect copy of the Board's Order entered in its minutes for this date. Reeni DuBois, Dated: _ J. R. OLSSON, Clerk, By. , Deputy Clerk iARNIM (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FFCM: Clerk of the Board T0: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: 7- 24-84 J. R. CISSON, Clerk, By . �P/. �o , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM 000024 HALMS. JOHNSON, MaeGOWAN 0 MdNERNEY ARNOLD B.HAIMS ATTl7RNEYS AT LAW CLYDE L.MACGOWAN THOMAS MCINERNEY 490 GRAND AVENUE GARY R.JOHNSON JAMES P.SLATER It OAKLAND,CALIFORNIA 94610 TELEPHONE LAWRENCE A.BAKER ow t�i� � (415) 835 0500 PAUL D.RILES MARC P.BOUME7 Ju -n=r-��984'rt-��°-- SETH J SCHWARTZ WILLIAM S.WATERMAN E ROBERT J.JOHN K.KBY IRFRASSETTO r" "E "' �- .RDLANDO W PASOLIALI I JAMES M.SITKIN C�Unt BETH M.ALONSO ;.. l- Y"OUnsel Contra Costa County J AIN County Counsel - 151984 CLEC nr J'SO S Attn: Deputy Count Counsel K BO;. P Y Y co. Martinez, CA Elizabeth B. Hearey ev�•K -.->>.-..` ��!�`��fr�;°"r _� 94553 P. O. Box 69 Martinez, CA 94553 Re: Mellon Bank v. Shelter Development Corporation, Patterson, et al. Dear_ Ms. Hearey: On June 13, 1984 we received your rather vague form letter entitled "Notice of Insufficiency and/or Non-acceptance of Claim" . In your form letter, you state the claim fails to state the date, place, or other circumstances of the occurrence or transaction. Enclosed please find another copy of the claim, please read page 2 . Item 7 also requests a copy of the cross-complaint for which indemnity is sought. This has not been prepared or filed yet, because our understanding of the law is that the claim must first be presented, and if rejected, then a cross-complaint for indemnity is prepared, filed, and served. If you really meant to ask for a copy of the underlying complaint filed by Mellon Bank, enclosed please find a copy thereof. In addi- tion, if you want to review the court file, please walk across the street from the County Administration Building over to the Superior Court, Clerk' s Office, and review the same and/or obtain any further pleadings therein, if any. Please consider this information as supplemental to our claim notice. As you can see from the enclosed complaint, the various addresses, times, and charging allegations are set forth. We await your prompt reply and decision. ry truly yours, IMS, J acGOWAN & McINERNEY it J ES P. SLATER II JPS:kh Enclosures r 4 : 4: 1 JAMES P. SLATER II, ESQ. HAIMS, JOHNSON, MacGOWAN & McINERNEY 2 490 Grand Avenue Oakland, California 94610 3 Telephone: (415) 835-0500 4 Attorneys for Defendants and Cross-complainants SHELTER 5 DEVELOPMENT CORPORATION and WILLIAM A. PATTERSON 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF CONTRA COSTA 10 MELLON BANK, N.A. , a corporation, UNITED STATES FIRE INSURANCE 11 COMPANY, a corporation, NO. 252419 D 12 Plaintiffs, CLAIM AGAINST CITY OF LAFAYETTE, CENTRAL CONTRA 13 v. COSTA SANITARY DISTRICT, EAST BAY MUNICIPAL UTILITY 14 SHELTER DEVELOPMENT CORPORATION, DISTRICT, COUNTY OF CONTRA et al. , COSTA 15 Defendants. 16 / 17 SHELTER DEVELOPMENT CORPORATION, WILLIAM A. PATTERSON, 18 Cross-complainants, 19 V. 20 CITY OF LAFAYETTE, et al. , 21 Cross-defendants. 22 / 23 TO: CITY OF LAFAYETTE CENTRAL CONTRA COSTA SANITARY DISTRICT 24 EAST BAY MUNICIPAL UTILITY DISTRICT COUNTY OF CONTRA COSTA 25 26 CLAIMANTS ' NAMES : SHELTER DEVELOPMENT CORPORATION, WILLIAM A. PATTERSON. 27 28 HALMS,JOHNSON. 1fac "WAN`a?.NWNERNEY q ATTORNEYS AT LAW - r"; r- �' £'•' 1 490 GRAND AVENUE Irl OAKLAND,CALIFORNIA 94610 (4151 635.0500 C 1 CLAIMANTS ' ADDRESS TO WHICH NOTICES ARE TO BE SENT: 2 c/o HAIMS , JOHNSON, MacGOWAN & McINERNEY 490 Grand Avenue 3 Oakland, CA 94610 4 ATTN:.: JAMES P. SLATER II 5 NATURE OF CLAIM: Cross-complaint for apportionment of fault, indemnity, declaratory relief. 6 PLACE OF CLAIM: Tiffany Hills Subdivision, at and -.". 7 adjacent to lot 22, 3881 Los Arabis Road, Lafayette, California. 8 DATE OF LOSS: February 25, 1983 . 9 SERVICE OF COMPLAINT ON SHELTER DEVELOPMENT 10 CORPORATION AND WILLIAM A. PATTERSON Plaintiffs ' complaint was served on 11 said defendants on May 22, 1984 . 12 CIRCUMSTANCES RELATING TO ACCRUAL i3 OR CLAIM Plaintiffs' complaint alleges that property damages to the home or 14 property at or adjacent to Tiffany Hills Subdivision, lot 22, 3881 Los 15 Arabis Road in Lafayette, California. Said government entities owned, 16 controlled, maintained, inspected, planned, improved, or otherwise , 17 controlled the roadways, pipes, drains, easements, improvements, or property at, 18 near, or adjacent to 3881 Los Arabis Road in Lafayette, California. 19 ITEMIZATION OF 20 DAMAGES Cross-complaint for apportionment of fault, indemnification, and declaratory 21 relief against cross-defendants governmental entities. 22 DATED: June ""T , 1984 23 HA , JOHNSON, MacGOWAN & McINERNEY 24 25 � By: 26 J P. SLATER II _ Att neys for Claimants, Defendants and 27 Cro -complainants SHELTER DEVELOPMENT CO TION and WILLIAM A. PATTERSON 28 HALMS.JOHNSON. MacGONVAN T..WINERNEY ^ ATTORNEYS AT LAW 2. ! ._ n •"•'' I"'� 490 GRAND AVENUE J OAKLAND.CALIFORNIA 94610 14151 635-0500 1 PROOF OF SERVICE BY MAIL (CCP §1013a-2015) 2 I am a citizen of the United States , a resident of the 3 County of Alameda over the age of 18 years and 4 not a party to the within action; . my business address is -in 5 care of Haims, Johnson, MacGowan & McInerney, 490 Grand Avenue, 6 Oakland, California 94610 . On June ,, 1984 s , 7 I served the attached 8 CLAIM AGAINST CITY OF LAFAYETTE, CENTRAL CONTRA COSTA SANITARY 9 DISTRICT, EAST BAY MUNICIPAL UTILITY DISTRICT, COUNTY OF CONTRA COSTA 10 11 on the parties to said action by placing a true copy thereof in 12 a sealed envelope with postage- thereon, fully prepaid, in the 13 United States mail at Oakland, California, addressed as follows: 14 East Bay Municipal Utility District W. Thomas Nordin-Risk Management Administrator 15 2130 Adeline Street Oakland, CA 94623 16 Contra Costa County . 17 Board of Supervisors, Clerk 651 Pine Street 18 Martinez , CA 94553 19 Central Contra Costa County Sanitary District 5019 Imhoff Place 20 Martinez, CA 94553 21 City Council City of Lafayette 22 251 Lafayette Circle Lafayette, CA 94549 23 24 I declare under penalty of perjury that the foregoing is 25 26 true and correct. Executed at Oakland, California on _ June 1984 27 28 HALMS.JOHNSON. KIMBERLY L T MdL60WAN W..1cINER\EY ATTORNEYS AT LAW �` 490 GRAND AVENUE - 1 OAKLAND,CALIFORNIA 94610 1. (415)835-0500 NAME AND ADDRESS OF ATTORNEY TELEPHONE NO FOR COURT USE ONLY RP-MOS, -HERLIHY & BROADBECK (415) 986-1589 HAGAI HOROWITZ 255 California St. , Suite 1001 San Francisco , CA 94111 ATTORNEY FOR(Name) UNITED STATES FIRE INSURANCE insert name of court.ludlciaf district or branch court if any,and Post Off;ce and Street Address SUPERIOR COURT OF CALIFORNIA COU14TY OF CONTRA COSTA PLAINTIFF MELLON BANK, N.A. , a corporation, YJNITED STATES FIRE INSURANCE COMPANY, a corporation, DEFENDANT SHELTER DEVELOPMENT CORPORATION, a corporation; I-IILLIA14 A. PATTERSON HELLENBECK-MCKAY & ASSOCIATES; CURTIS N. JENSEN , ENGEO, INC. , a corporation; ROBERT MacDONALD and DOES 1 through 100 , inclusive. SUMMONS CASE NUMBER '452419 NOTICE! You have been sued. The court may decide iAVISO! Listed ha sido demandado. EI tribunal puede against you without your being heard unless you respond decidir contra Ud. sin audiencia a menos que Lid. re- within 30 days. Read the information below. sponda dentro de 30 dias. Lea la informaclon que sigue. If you wish to seek the advice of an attorney in this Si Usted desea solicitar el consejo de un abogado en matter, you should do so promptly so that your written este asunto, deberia hacerlo inmediatamente: de esta response, if any, may be filed on time. manera, su respuesta escrita. si hay alouna, puede ser ' reglstrada a tiempo. 1 TO THE DEFENDANT. A civil complaint has been filed by the plaintiff against you If you wish to defend this lawsuit. you must, within 30 days after this summons is served on.you, file with this court a written response to the complaint Unless you do so, your default will be entered on application of the plaintiff, and this court may enter a judgment against you for the relief demanded in the complaint, which could result in garnishment of wages, laking.of money or property or other relief requested in the complaint. DATEMCT 1 8 1983 J. R. OLSSON . Clerk, By , Deputy (SEAL) 2. NOTICE TO THE PERSON SERVED: You are served a. As an individual defendant. b [J As the person sued under the fictitious name of. c. On behalf of . . . . . . . Under: J CCP 416 10(Corporation) i CCP 4 16 60 ('.•Inor) CGPA16 20 (Defunct Corporation) CCF 416.70 (Incompetent) C CCP 416 40 (Association or Partnership, CCP 416.90 (individual) Other d :aBy personal delivery on (Date) . . . - . A written res DOnse must be m Ire to,m p•escnoeo by the Ca'tornia Ruies Cour It 'rust to Lrea or ims co.;ri w:tr. Ine C,_De, hhr-q !•e ano pin:' or service o' a ccpy e^ earn ciami,f!s attcunev ane Or, eaCr. C:e�n101 riot •eserreC t, a" attorney Te.rp timw jen a SUS'^Chs is Cf. ^.ec %f r." on. a Darty may vary Detencmg on Ine meinoc N se*,,ce For a-amore see L`' d13 lU trroug'.41� cG Tie M Orc 'Com pair' ^c:7ots Cross rOmC•ta". Diamim inctuoes cross.co'^::a.nant oe!e­,am -nctucies cross.oetehza-,t f"i,s.ngu:ar inLWOeS the p;ura- i Sof,re..rse for Proof of Service) 0 0 0 OZ9 6283 -.. � - • • . . C. „ ' .�`,�.,�.,.. �f. . .-:.-� � 1 JOSEPH LYNN, ESQ. ,2 Attorney at Law 2614 Gough Street, Suite 5 D 3 San Francisco, California 94123 OCT 181983 Telephone: (415) 885-4977 4 Attorneyfor Plaintiff MELLON BANK, J. R. OLSSQN. Cas:L. �� oo+arM a=A oUu:w 5 N.A. , a corporation h, ';=_;;= _41" _. D.t"k 6 RAMOS, HERLIHY & BROADBECK S IJ veO N,i) Attorneys at Law , t TRAM 02594 255 California Street, Suite 1001 10/18/83 CASEC 252411 9 8 San Francisco, California 94111 DEPT:COMPLAINTS Telephone: (415) 986-1589 RECEIPT: 014164 C* 01 ' TOTAL GLEE $95.00 Attorneys for, UNITED STATES FIRE 10 INSURANCE COMPANY, a corporation 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 COUNTY- OF CONTRA COSTA 13 14 MELLON BANK, N.A. , a corporation, ) 15 UNITED STATES FIRE INSURANCE ) COMPANY, a corporation, ) 16 ) Plaintiffs, ) 17 VS. No. 252419 18 ) SHELTER DEVELOPMENT CORPORATION, ) COMPLAINT FOR DAMAGES 19 a corporation; WILLIAM A.PATTERSON) HELLENBECK-McKAY & ASSOCIATES; ) 20 CURTIS N. JENSEN, ENGEO, INC. , a ) corporation; ROBERT MacDONALD and ) 21 DOES 1 through 100 , inclusive, ) 22 Defendants. ) 23 24 FIRST CAUSE OF ACTIONS (STRICT LIABILITY) 25 For a First Cause .of Action plaintiff alleges: 26 1. That plaintiff, MELLON BANK, N.A. , a Pennsylvania corp 27 oration, on or about December 15, 1981 , purchased certain real prop- 28 erty, and the house and other improvements thereon, located at 3881 -1- i X904$41621 . 000C � 1 Los Aribas Drive, City of Lafayette, County of Contra Costa, ' 2 � California, hereinafter referred to as the plaintiff's property. 3 2. That at all times mentioned herein, UNITED STATES FIRE i 4 INSURANCE COMPANY, a New York corporation, was authorized to, and did 5 transact a property loss and damage insurance business in the State 6 of California, and at all times relevant herein, insured the afore- 7 - said plaintiff's property, under a property lots and damage policy of 6 insurance. 9 3. That at this time the plaintiff is not aware of the true 10 names, identities, and legal status, whether individual, partnership, 11 corporation, association or otherwise of defendants named herein as 12 DOES 1 through 100 , and therefore prays leave to amend this complaint 13 when such names, identities, and legal status are ascertained. 14 4 . That at all times mentioned herein, defendants, and each of 15 them, were the agents, servants, independent contractors, associates, 16 co-venturers and employees of the remaining defendants, and were at 17 all times mentioned, acting within the course and scope of said rela- 18 tionship with the knowledge and consent of the remaining defendants. 19 5. That at all times mentioned herein, the acts and omissions 20 of the various defendants, and each of them, concurred and contrib- 21 uted to the various acts and omissions of each and all of the other 22 defendants in proximately causing the damages and losses as herein- 23 after alleged. 24 6. That plaintiffs allege, on information and belief, that 25 prior to plaintiff' s purchase of plaintiff' s property., defendants 26 owned, developed, planned, surveyed, divided, subdivided, controlled, 27 tested, engineered, manufactured, supervised, contracted, subcon- 28 tracted, constructed and sold the plaintiff's property. -2- SX504 14/831 0 0 3 7. Plaintiffs allege, on information and belief, that defen- 2 dants HELLENBECK, McKAY & ASSOCIATES, CURTIS N. JENSEN, ENGEO, INC. , 3 a corporation, and DOES 20 through 50, inclusive, were at all times 4 relevant professional engineers, architects and/or land surveyors, 5 who prior to plaintiff's purchase of plaintiff' s property, planned, 6 inspected, surveyed, tested, analyzed,' engineered, designed, speci- 7 fied, recommended, supervised, certified and warranted the design and 8 construction of plaintiff' s property. 9 8 , That plaintiffs allege,. on information and belief, that 10 ROBERT McDONALD and DOES 51 through 70 , inclusive, were prior to 11 plaintiff' s purchase, the contractors and subcontractors of the re- 12 maining defendants, and each- Of them, who constructed the plaintiff' s 13 property. 14 9, That all times relevant herein, defendants were engaged in 15 the business of manufacturing residential lots and homes and selling 16 them to the public; that in and about 1977 , defendants became the 17 owners of the real property including plaintiff' s property, and man- s 18 ufactured it into a tract of residential lots, which plaintiff is 19 informed and believes were known as "Tiffany Hills" , including lot 20 No. 22 therein, by cutting, grading, filling and compacting the soil, 21 and thereon constructing a residence, including plaintiff' s property. 22 10. That at all times, defendants, and each of them, knew and 23 intended that the aforesaid lot and residence would be purchased by ' 24 members of the public without inspection for defects. 25 . 11 . That at the time of plaintiff' s purchase, as hereinbefore 26 alleged, . plaintiff's property was defective and unsafe for its in 27 tended use and purpose in that defects existed in the design and 28 manufacture of the lot and residence. -3- .X110.(4/831 000032 1 12. That as a proximate result of the defects in the plain- t tiff' s property as herein alleged, the lot and residence were damaged 3 and destroyed when the lot failed and fell away, causing the house to 4 collapse, resulting in the destruction of plaintiff's property, dur- 5 ing and about the month of February, 1983. 6 13. That as a further proximate result of the defects ..in the lot and the- destruction of the house as herein alleged, plaintiffs 8 were required to and did employ contractors to demolish the house and 9 remove it from the lot, and in so doing incurred an expense in the 10 sum of $6 ,900.00 , all- to plaintiffs' further damage in that sum. 11 14 . That as a further proximate result of the defects in the 12 lot and the destruction of the house as herein alleged, plaintiff 13 lost, and continues to lose the reasonable rental value of the house, 0 14 to plaintiff' s further damage. 15 15. That as a proximate result of the damages and loss suffered .16 by plaintiff , MELLON BANK, N.A. , a corporation, plaintiff UNITED 17 STATES FIRE INSURANCE COMPANY -became obligated to, and did pay ' to its 18 insureds, the sum of $205,900.00 , which upon receipt by MELLON BANK, 19 N.A. , thereby became subrogated to MELLON BANK'S rights to the extent 20 of its payments under its above mentioned policy of insurance. 21 WHEREFORE plaintiffs pray judgement against the defendants, and 22 each of them, as hereinafter set forth. 23 SECOND CAUSE OF ACTION: (NEGLIGENCE) 24 For a Second Cause of Action plaintiff alleges: 25 1. That paragraphs 1 through 9 , and 12 through 15 of plain- 26 tiffs ' First Cause of Action are referred to and incorporated herein 27 as if realleged in detail. 28 2. That defendants HELLENBECK, McKAY & ASSOCIATES, CURTIS -4- tIf104(4/631 000033 * l JENSEN, ENGEO, - INC. , a corporation and DOES 20 through 50 , so negli- 2 gently and carelessly planned, inspected, surveyed, tested, analyzed, 3 engineered, designed, specified, recommended, supervised, certified, 4 warranted, designed, and constructed the plaintiff' s property, so as 5 to proximately cause the loss and damages . to plaintiffs, as hereto- 6 fore alleged, and hereinafter prayed. WHEREFORE, plaintiffs pray judgment against the defendants, and 8 each of them, as hereinafter set forth. 9 THIRD CAUSE OF ACTION: (NEGLIGENCE) 10 For a Third Cause of Action plaintiff alleges: 11 1 . That paragraphs 1 through 9 , and 12 through 15 of plain- 12 tiffs ' First Cause of Action -are referred to, and by such reference 13 are incorporated herein as fully. and completely as if realleged in 14 detail. 15 2. That the defendants, and each of them, so negligently and 16 carelessly owned, developed, planned, surveyed, divided, subdivided, 17 controlled tested, engineered, maintained, supervised, contracted, 18 subcontracted, constructed, and sold the plaintiff' s property, as a 19 proximate result of which plaintiffs suffered loss and damages as 20 heretofore alleged and hereinafter prayed. 21 WHEREFORE plaintiffs pray judgment against the defendants, and 22 each of them, as hereinafter set forth. 23 FOURTH CAUSE OF ACTION: (WARRANTIES) 24 For a Fourth Cause of Action plaintiffs allege: 25 1 . That paragraphs 1 through . 9 , and 12 through -15 of plain- 26 tiffs' First Cause of Action are referred to, and by such reference 27 are incorporated herein as fully and completely as if realleged in 28 detail. -5- sxso•(a/gal 4 I 2. That defendants, and each of them, expressly and/or 2 impliedly represented and warranted that the aforesaid lot, resi- 3 dence, and any and every portion thereof, was of a merchantable 4 quality, and/or fit for the purpose for which it was intended, and 5 that the defendants breached their aforesaid warranties, in that the 6 plaintiff' s property as designed and , constructed was not of a merchantable quality, nor fit for the 'purpose I for which it was in- 8 tended, as a proximate result of which plaintiffs suffered loss and 9 damages as heretofore alleged and hereinafter prayed. IO WHEREFORE, plaintiffs pray judgment against the defendants, and 11 each of them as hereinafter set forth. 12 FIFTH CAUSE OF- ACTION: (CONTRACT) 13 For a Fifth Cause of Action plaintiffs allege: 14 1 . That plaintiffs' First, Second, Third, and Fourth Causes of 15 Action are referred to, and by such reference incorporated herein as 16 fully and completely as if realleged in detail. 17 2. That plaintiffs allege on information and belief that the 18 defendants, and each of them, entered into oral or written contracts 19 with the remaining defendants, to which plaintiff was a third party 20 beneficiary, to undertake the responsibilities pertaining to plain- 21 tiff' s property, as aforesaid. 22 3. That the defendants have breached the aforesaid contracts, 23 and covenants therein, as a proximate result of which plaintiffs 24 suffered damages as heretofore alleged and hereinafter prayed. 25 WHEREFORE, plaintiffs pray judgment against the defendants, and 26 each of them, as follows: 27 (a) To UNITED STATES FIRE INSURANCE COMPANY for general and 28 special damages of $205 ,900.00 , and for other damages in accordance -6- sxao•141831 000035 *+ ' C 11 with the proof; 2 (b) For MELLON BANK N.A. , general and special damages in 3 accordance with the proof , in excess of $205 ,900.00 , and other 4 damages as set forth in (a) above; 5 (c) For prejudgment interest on all damages suffered by plain- 6 tiffs at the legal interest rate; 7 (d) For costs of suit; and i 8 (e) For such other relief as this court deems proper. 9 10 11 C)DATED: 12 JOEL N Attorney f Plaintiff, MELLBANK, N . , corporation 13 14 DATED: 2 �f HAHO ITZ, Attorney for 15 P1 i f, UNITED STATES FIRE INSURANCE COMPANY, a corporation 16 17 16 19 20 21 22 23 24 25 26 27 28 j -7- SX504 141931 s �. CERTIFICATE OF ATTORNEY PURSUANT TO C.C.P. §41135 2 I, HAGAI HOROWITZ , declare: 3 I am an attorney for plaintiff, UNITED STATES FIRE INSURANCE 4 COMPANY in the matter filed by MELLON BANK, N.A. , and UNITED STATES 5 FIRE INSURANCE COMPANY, a corporation against SHELTER DEVELOPMENT 6 CORPORATION, et al. , arising from the damage and destruction- to the % 71 structure and property located at 3881 Los Aribas Drive, City of 8 Lafayette, County of Contra Costa, California. I have reviewed the 9 facts of the case, and I have consulted with at least one profession 10. al engineer who is licensed to practice and practices in the State, 11 and whom I reasonably believe is knowledgeable in the relevant issue• 12 involved in this action, and that I have concluded on the basis of 13 stiich review and consultation that there is reasonable and meritoriou 14 cause for the filing of this action. 15 I declare under penalty of perjury that the foregoing is true 16 and correct. 17 Executed this day of6 , 1983. 18 19 A H R Z , Attorney for 20 P t' UNITED STATES FIRE IN URANC 21 E COMPANY, a corporation 22 23 24 25 26 _ 27 28 sxso•(4/821 r 00003t AMENDED CLAIM (AIM s BOARD OF SOPEWISLM OF C0NTRA gwrA aTPY, allXFOMA And as Ex Officio the Governing Board of the Contra Costa County Flood Control BOARD ACTION and Water Conservation District and the Contra Costa County Storm Drainage District July 24, 1984 Claim Against the Cvtmty, or District ) NOTICE TO CLAIMANT governed by the Board of Supervisors, ) The copy of th s document ma ed to you is your Routing .,Mice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below) , to California Government Codes ) given pursuant to Government Cade Section 913 and 915.4. Please note all 'warnings". Claimant: James and Sherry Cox and Robert and Carol Hendricks County Counsel Attorney: Scott C. Finch 1984 Moore, Clifford, Wolfe, Larson & Trutner JUN 2 1 Address: 201 - 19th Street Oakland; CA 94612 Martinez, CA 94553 Amount: Not Specified By delivery to clerk on Date Received: June 19, 1984 By hail, postmarked cn June 18, 1984 I. FRCM: Clerk o e Board ot Supervisors County Counsel Attached is a oopy of the above-noted claim. Dated: June 19, 1984 J.R. OLSSON, Clerk, By Deputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (�() This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3) . ( ) Other: Dated: C. z B:�: Deputy County Counsel III. FROM: Clerk of the Board TO: ( Count Counsel, (2) County Administrator ( ) Claim was returned as untimely wi notice to claimant (Section 911.3) . IV. BOARD ORDER By unanimous vote of Supervisors present (XX) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. eeni DuBois Dated: 7-24-84 J. R. OLSSON, Clerk, By ,zQ� � , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this, notice was personally served or deposited in the mail to file a court action on this _ claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FRYM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. LIATFI): 7-24-84 J. R. OISSON, Clerk, By ZC , Deputy Clerk cc: Canty Administrator (2) Canty Counsel (1) CLAIM. 000038 �i !� i • /�f ire /� ' RECEIVED 1 MOORE, CLIFFORD, WOLFE, LARSON & TRUTNER A Professional Corporation 9 r(I 2 201 — 19th Street Oakland, CA 94612 j. R. OLSSON 3 (415) 444-6800 CLEF BOARD OF SUPERVISORS ONTRA COSTA CO. B _.Deputy 4 5 RE: CLAIM OF JAMES & SHERRY COX and ROBERT & CAROL HENDRICKS I 6 ' Ii 7 ! AMENDMENT TO CLAIM AGAINST PUBLIC ENTITY 8 TO: Contra Costa. County Flood Control and Water Conservation District 9 Clerk of the Board of Supervisors f P. 0. Box 911 101 Martinez , CA 11 1. Claimants amend and supplement their claim served 12 upon the above public entity on June 6 , 1984 in response to the 13 Notice of Insufficiency and/or Non-Acceptance of Claim dated 14 June 11 , 1984 , by stating that the claimant does not know the 15 exact date or place of the occurrence or transaction which gave 16 rise to the claim which is being asserted. The occurrence or 17 transaction apparently relates to earth movement which occurred 18 at and around 1040 Adrienne Drive, Alamo, California. The 19 complaint was filed in Superior Court for Contra Costa County, 20 Action No. 256792. A copy of the complaint is attached hereto 21 as requested. 22 DATED: June 15, 1984 23 MOORE, CLIFFORD, WOLFE, LARSON & TRUTNER 2425 By 26 Scott C. Finch LAW OFFICES OF MOORE, CLIFFORD, WOLFE. LARSON &TRUTNER A PROFESSIONAL CORPORATION ATTORNEY OR PA ITY WIT"OUT ATTORNEY(NrAME AND ADO?ESS): TELEPHONE: FOR COURT USE ONLY CURRAN & ALSCHULER, .. A Professional Corporation 629 Oakland Avenue, Oakland, CA 94611. (415) 653-7207 ATTORNEY FOR(NAME) John Courtney, Jr. and Dolores Courtney. p Insert name of court.judicial district or branch court,if any.and post office and street address: U IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, MAIC 11Q14 IN AND FOR THE COUNTY OF CONTRA COSTA, 725 Court R. CLSSON C;tm!x Clerk Street , Martinez , CA 94553. J.CONTRA COC.TACUUNTN' fav PLAINTIFF: G. Tarnurz. Deputy. JOHN COURTNEY , JR. , and DOLORES COURTNEY _ DEFENDANT: COUNTY OF CONTRA COSTA, CONTRA COSTA FLOOD CONTROL AND WATER . CONSERVATION DISTRICT, CONTRA COSTA COUNTY STORM DRAINAGE DISTRICT, JAMES COX, SHERRY COX, ROBERT HENDRICKS , CAROL HENDRICKS, STEVE ROSSI, AETNA CASUALTY & SURETY COMPANY, and ® DOES 1TO--LQ,—Inc lus ive. CASE NUMBER COMPLAINT—Personal Injury, Property Damage, Wrongful Death MOTOR VEHICLE [ZOTHER(specify): ^:Property Damage t_i Wrongful Death 4 Personal Injury Other Damages(specify): PROPERTY DAMASE, INVERSE CONDEMNATION , EXEMPLARY DAMAGES . This p:eading. including attachments and exhibits. consists of the following number of pages: 8 a. Eacr vaintift named above Is a competent adult _ Except plaintiff(name): a corporation qualified to do business in California an unincorporated entity(describe): a public entity(describe): a minor r_an adult for whom a guardian or conservator of the estate or a guardian ad litem has been appointed t_ other(specify): other(specify): Except plaintiff(name): —a corporation qualified to do business in California an unincorporated entity(describe). - ;a public entity(describe): —'a minor man adult ,C for whom a guardian or conservator of the estate or a guardian ad litem has been appointed �j other(specify): other(specify): b. r`; Plaintiff(name): Is doing business under the fictitious name of(specify): and has complied with the fictitious business name laws. C. Q Information about additional plaintiffs who areftot competent adults is shown in Complaint— Attachment 2c. (Continued) Form Approved by the . ...... Judicial Council of Cablorny - - Effective January 1.1982 COMPLAINT—Personal Injury, Property Damage, 0000- ,Q - . .._ v= - JA- SHORT TITLE: JOHN COURTNEY, JR. , et al. , Plaintiffs , vs. CASE NUMBER: COUNTY OF CONTRA COSTA, et al. , Defendants. COMPLAINT--Personal Injury, Property Damage, Wrongful Death Page two 3. a. Each defendant named above is a natural person [fix Except defendant(name) O Except defendant(name): CONTRA COSTA' CONTRA COSTA COUNTY STORM DRAINAGE DISTRICT a business organization, form unknown =a business organization, form unknown C a corporation a corporation an unincorporated entity(describe)- an unincorporated entity(describe): 5[„C a pubitc entity(describe): r_;a public entity(describe): f— other(specify): �--y,other(specify): Lx: Except defendant(Warne) CONTRA COSTA [x Except defendant(name): AETNA CASUALTY FLOOD CONTROL AND WATER CONSERVA— AND SURETY COMPANY TION DISTRICT C a business organization. form unknown Ca business organization, form unknown L_ a corpc-ation �a corporation an un:rcorporated er*ity(desc•.pe; J an unincorporated entity(describe): X_ a puoi c entity(descrne) _a public entity(describe): other!'Saecrfy): _�other(specify): b The tr;;e names and capactt:es of deferdanis sued as Does are unkno;.n to plaintiff. c _ Informatror about add:t-onal defer-„ants who are not natural persons is contained in Complaint-- At;achmen: 3c d Defendants %%ho are joiner, pursuant to Code of Civil Procedure section 382 are(names): Pla:nt!`t :s rec:rired to comp:y with a c!aims statute. and a __­ plaint;!' has complies with acolicable claims statutes. or b -X_ plaint" r5 excused from complying because(specify.).: Actions against public entities in inverse condemnation do not require compliance with the claims statute. 5 This court is the proper court because �X at least one defendant now resides in its jurisdictional area. the principal place of business of a corporation or unincorporated association is in its jurisdictional area. i injury to person or damage to personal property occurred in its jurisdictional area. -W. other(specify): Damage to real property within jurisdiction of the Court. s 6. The following paragraphs of this complaint are alleged on information and belief(specify paragraph numbers): (Continued) i .. .. / � IA-5 SHORT TITLE ' JOHN COURTNEY, JR. , let al. , Plaintiffs , vs. CASE NUMBER COUNTY OF CONTRA COSTA, et al. , Defendants. COMPLAINT—Personal Injury, Property Damage, Wrongful Death (Continued) Page thtee 7. C�J The damages claimed for wrongful death and the relationships of plaintiff to the deceased are listed in Complaint—Attachment 7 =as follows: 8 Plaintiff has suffered wage loss foss of use of property hospital and medical expenses general damage property damage tots of earning capacity other damage(specify): 9 Relief sought in this complaint is within the jurisdiction of this cc-,:­. 10 PLAINTIFF PRAYS For judgment for costs of suit: for such relief as is fair. lust. and a-_;:-table: and for compensatory damages �x (Superior Court) according to proof in the sum of $100 ,000 . 00 . (Municipal and Justice Court) in the amount of Q other(specify): 11. The following causes of action are attached and the statements above apply to each: (Each comptaint must have one or more causes of action attached.) Motor Vehicle General Negligence Intentional Tort Products Liability _ Premises Liability =X,Other Contract, exemplary damages , inverse condemnation. Donald W. Curran (Type or pant name) -- (Signature of pi .orau ney) COMPLAINT—Personal Injury. Prooertv Damaae. �9 �f'e IA-9 �^SHoaT'TITLE: JOHN COUR�'NEY jR.. , et al. , Plaintiffs ,t.. CASE NUMBER: COUNTY OF CONTRA 'COSTA, et al. , Defendants. FIRSTCAUSE OF ACTION—General Negligence Page a (number) ATTACHMENT TO ®Complaint Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff(name): . JOHN COURTNEY, JR. , and DOLORES COURTNEY alleges that defendant(name): JAMES COX, SHERRY COX, ROBERT HENDRICKS , CAROL HENDRICKS and STEVE ROSSI Q Does 1 to 10 was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act. defendant negligently caused the damage to plaintiff on(date): From and after March 3, 1983 , at(pface): 1040. Adrienne Drive, Alamo, California, (description of reasons for liability): * Defendants James Cox, Sherry Cox, Robert Hendricks and Carol Hendricks negligently maintained their adjacen- real property to that of plaintiffs so as to damage plaintiffs ' oroperty in the. sum of $1001000. 00. Defendant Steve Rossi , a prior owner of the Cox property negligently placed or caused to be placed earth fill on said property which concurrently caused damage in the sum of $100 ,000. 00 to plaintiffs ' real property. Form Approved by tf,e Judicial Council of caGfornian O V(Z EMective Jnuary 1.1982 Jan-&,Y TlJ c� Rule 982.1(3) CAUSE OF ACTION—General Negligence CCP 425.12 SHORT TITLE: JOHN COURTNEY, JR. , et al. , Plaintiffs , vs. CASE NUMBER COUNTY OF CONTRA COSTA, et al. , Defendants. SECOND CAUSE OF ACTION—Breach of Contract Page S (number) ATTACHMENT TO [Complaint Cross-Complaint. (Use a separate cause of action form for each cause of action.) BC-1. Plaintiff(name): JOHN COURTNEY, JR. , and DOLORES COURTNEY alleges that on or about(date): Within one year prior to March 3 , 1983 , a =written =oral ©other(specify): agreement was made between(name parties to agreement). JOHN COURTNEY, JR. , and DOLORES COURTNEY and AETNA CASUALTY AND SURETY A Copy of the agreement is attached as Exhibit A. or The essential terms of the agreement =are stated in Attachment BC-t C are as follows(specify): Defendant issued its policy of insurance to plaintiffs insuring them against risk of all physical loss to their premises . BC-2. On or about(dates): defendant breached the agreement by =the acts specified in Attachment BC-2 =the following acts (specify) A physical loss occurred and defendant has failed and refused to pay plaintiffs . BC-3. Plaintiff has performed all obligations to defendant except those obligations plaintiff was prevented or excused from performing. BC-4. Plaintiff suffered damages legally(proximately)caused by defendant's breach of the agreement --I as stated in Attachment BC4 =as follows(specify): Costs to preserve and repair the premises in the sum of $100 ,000.00 BC-5 C Plaintiff is entitled to attorney fees by an agreement ora statute DofS according to proof. BC-6. ® other: See 1A-17. Form APProved by the Judraai Council of California Effective January i wA7 . . \ 1A SHORT TITLE: JOHN COURTNEY, JR. , P lainti f f S , vs . CASE NUMBER y COUNTY OF CONTRA COSTA, et al. , Defendants. Exemplary Damages Attachment Page 6 ATTACHMENT TO [Q Complaint =Cross-complaint EX-1. As additional damages against defendant(name): REINA CASUALTY & SURETY COMPANY Plaintiff alleges defendant was guilty of FT malice fraud GY.1 oppression as defined in Civil Code section 3294, and plaintiff should recover, in addition to actual damages, damages to make an example of and to punish defendant. EX-2. The facts supporting plaintiff's claim are as follows: Claim was made and the defendant failed to comply with the provisions of the Insurance Code with full knowledge of the loss to plaintiffs and leaving plain- tiffs uncompensated for an unjust period of time oppressed plaintiffs . EX-3. The amount of exemplary damages sought is a. 0 not shown, pursuant to Code of Civil Procedure section 425.10. b• ® $ 1, 000,000. 00. Form Approved by then Judicial Council of California ----- 1 SHORT TITLE : JOHN COURTNEY , JR. , Plaintiffs , CASE NUMBER: vs. COUNTY OF CONTRA COSTA, et al. , Defendants . 2 3 Attachment. to COMPLAINT Page 7 . 4 INVERSE CONDEMNATION. 5 1. Plaintiffs JOHN COURTNEY , JR. , and DOLORES COURTNEY �I G II a i lece that '_rev are the oo.,n yrs of real orcoerty imnroved with 7 (, a single family dwelling at 1040 Adrienne Drive, Alamo , County II S � II of Contra Costa. � y 2 . That defendants COUNTY OF CONTRA COSTA, CON'PRA COSTA 10 f FLOOD CONTROL AND WATER CONSERVATION DISTRICT and CONTRA COSTA 11 II STORM DRAINAGE DISTRICT are public entities which caused damage tol f� 12 t� `_hem as f.o11c'.:s . 13 That the Ccun4-v of Contra Costa participated in � 14 ii he de­nlopr..ent process of the tract in which plaintiffs ' _parcel 15 or. _cal. profe.r-_V is locator. ani ,icon which their sinrTle family lu I� ^;,,el finer was constructed ':)y re01-1iring of the developerr the i 17 Ir'.edication of storm drainage easements for public use for the I 1S �lconstruction of and accep`ance by it of facilities for the 19 II manaaement of storm and food wagers collected and to be con- 20 strolled within adjacent p-bl. ic and private property. 3. That each of the aforesaid defendant public entities ' 22 11construction of flood and storm drainage facilities and public 23 I ilstreet.s has exercised dominion over and participated in construe- 24 I tion and maintenance of streets and storm drainage facilities and I 25 jflood control =acilities . 26 j 4 . That each or the public entities has exercised :,omini.on over and maintains easements for flood and storm 28 ldrainace control adjacent to or across plaintiffs ' real property. I a SHORT TITLE: JOHN COURTNEY , JR. , Plaintiffs , CASE NUMBER: I I vs . COUNTY OF CONTRA COSTA, et al. , Defendants. 211� . Attachment to COMPLAINT. Page S . 3 q S . That the facilities dedicated , constructed , maintained i 5 or over which the defendant public entities have exercised 6 I; dominion have caused a direct and substantial adverse environ- 7 ;r mentaL burden upon plaintiffs ' real property for. which they i� _ S Nave been singled out to suffer. 9 !j 6 . That as a direct and substantial cause thereof plaintiffs ' real 10 �, property has been damaged in the sum of S100 , 000 - 00 within th.r.c-, years last past. �i 1? 14 i� I� Ii I� a 20 l Z2 23 24 i. 2:, it 27 • 2S �i ° SUMMONS 202-'982(A) (9) (CITACION JUDICIAL] FM couwr USE OM1, NOTICE TO DEFENDANT: (Aviso a Aeusado) gmoMt"woaaw`oor" COUNTY OF CONTRA COSTA, CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT, CONTRA COSTA COUNTY STORM DRAINAGE DISTRICT, JAMES COX, SHERRY COX, ROBERT HENDRICKS , CAROL HENDRICKS , STEVE ROSSI , AETNA CASUALTY & SURETY COMPANY, and DOES 1 to 10 , Inclusive. YOU ARE BEING SUED BY PLAINTIFF: (A Vd. !e esti demandando) JOHN COURTNEY , JR. , and DOLORES COURTNEY. You have 30 CALENDAR DAYS after this sum- Despues de que le entreguen esta citation judicial casted mons is served on you to file a typewritten re- tiene un plazo de 30 DIAS CALENDARIOS para presentar sponse at this court. una respuesta escrita a mdquina en esta torte. A letter or phone call will not protect you; your Una carta o una Ilanlada telefdnica no ie ofreceri typewritten response must be in proper legal protection; su respuesta escrita a rnaquina tiene que form if you want the court to hear your case. cumplir con las formalidades legales apropiadas si usted If you do not file your response on time, you may quiere que la corse escuche su caso. lose the case, and your wages, money and pro- Si usted no presenta su respuesta a tiernpo, puede perder perty may be taken without further warning from el caso, y le pueden guitar su salario, su dinero y otras cocas the court. de su propiedad sin aviso adicional por parte de la torte. There are other legal requirements. You may Existen otros requisilos legales. Puede que usted quiera want to call an attorney right away. If you do not llamar a un abogado inmediatamente. Si no conoce a un know an attorney, you may call an attorney refer- abogado, puede llamar a un servicio de referencia de rat service or a legal aid office (listed in the phone abogados o a una oficina de ayuda legal(►yea el directorio telefonico). l book). , CASE NUMBER. fNrwr.o del Caw)� 7ne name and address of the court is: !FI Hombre y direction de !a torte es) n t•,I?ry`4 r� ; •� ' SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN 4. " AND FOR THE COUNTY OF CONTRA COSTA, 725 Court Street , Mlartinez , CA 94553. T*e name, address, ant telephone number of plaintiff's attorney, or plaintiff without an attorney, is: •E::no.mb--e. la direcci6r v el numero de telefono del abogado del demandante, o del demandante que no tiene abogado, es) CURRAN & ALSCHULER, A Professional Corporation 629 Oakland Avenue Oakland , CA 94611. Telephone: (415) 653-7207 . �" 1. DTE. �r;�^ I,,tSy Clerk, by •�M Deputy '�='•� trtcrjarjol lDelegadol ,sE..;; NOTICE TO THE PERSON SERVED: You are served 1--j as an individual defendant. 2. Q as the person sued under the fictitious name of (specify): 3. on behalf of (specify), under: Q CCR 416.10 (corporation) Q CCP 416.60 (minor) CCP 416.20 (defunct corporation) Q CCP 416.70 (conservatee) CCP 416.40 (association or partnership) Q CCP 416.90 (individual) other: 4. by personal delivery on Morel: Fw-A6wed by PuM Yat ASO*Iwo for Roof of Service) Judicyl cowma of cahtwMa - *P71.usaW qty,, 1. )sisal " SUMMONS . O O O _ n 412.20 AMENDED CLAIM CLAIM BOARD CP SUPERVISORS OF CORrRA COS7A COURI'Y, BOARD ACTION Claim Against the County, or District ) NWICE TO CLAIMAWp July 24, 1984 .aavernP-A Vw f-be .rd n£ Simervisocs, ) The copy of th s document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warniun� Claimant: Robert M. Rios y Counsel Attorney: Frederick A. Meiser, Jr. JUN 2 2 1984 1241 State Street Martinez, CA 9553 Address: San Diego, CA 92101 VIA County Counsel Amount: Unspecified By delivery to clerk on June 22, 1984 Date Received: - June 22, 1984 By mail, postmarked on I. FROM: Clerk of the Board ot Supervisors County Counsel Attached is a copy of the above-noted claim. Dated: June 22, 1984 J.R. OISSON, Clerk, By Deputy ff Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (�? This claim complies substantially with Sections 910 and 910.2. ( \) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3) . ( ) Other: Dated: z-7-07 By: Deputy County Counsel III. FROM: Clerk of the Board ZtO: C y Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3) . IV. BOARD By unanimous vote of Supervisors present (KX) This claim. is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DuBois Dated: 7-24-$4 J. R. OLSSON, Clerk, By eeni , Deputy Clerk SING (Gov. Code Section 913) Subject to certain exceptions, you have only six. (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. . V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed an the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: 7-24-84 J. R. CLSSON, Clerk, By Deputy Clerk cc: County Administrator (2) County Counsel (1) O 0 0 0 479 CLAIM LAW OFFICES OF KLINEDINST £6 MEISER A PARTNERSHIP INCLUOING A PROFESSIONAL CORPORATION JOHN D. KLINEDINST 1241 STATE STREET �C County Counsel FREDERICK A. MEISER, JR., SAN DIEGO. CALIFORNIA 92101 CC [r se A PROM5SIONAL CORPORATION (619) 239-8125 JUN 18 1984 Martinez, CA 94553 June 15, 1984 Mr. John B. Clausen County Counsel RECEIVED Contra Costa County County Administration Building ,JUN as 1984 Post Office Box 69 J.R. OLSSON Martinez, Cal0ornia ,94553 CLERK BOARD OF SUPERVISORS ONT A COSTA O. BY Deputy RE: Robert M. Rios Revised 100 day claim letter Dear Mr. Clausen: In accordance with your notice of insufficiency of our 100-day claim concerning our client against your County, this letter is a further attempt to comply with the provisions checked by you in your notice which was received by our office on June 11, 1984. Please be advised that this office represents the interests of Robert M. Rios with regard to his arrest on March 17, 1984. Mr. Rios requests that all notices concerning this claim be forwarded to our office, 1241 State Street, San Diego, California 92101. The purpose of this letter is to perfect Mr. Rios' claim against your government body within 100-days of the date of this incident. Mr. Rios was wrongfully arrested on March 17, 1984 in San Diego County, California on the charge of Penal Code Section 245 (a) . Mr. Rios spent one day in jail and paid a bailbondsman $200.00 as a premium on his bill. He was charged in case number 829669-6 issuing from the Bay Municipal Court, Bay Judicial District, County of Contra Costa, Richmond, California. He made one court appearance on March 27, -1984 at a cost and traveling expenses of $150.00. He also lost four days from work at a daily rate of $57.12. Mr. Rios' address is 1114 Hoover Avenue, National City, California 92050. He has no telephone number, and his date of birth is March 16, 1950. Mr. Rios does not know and is therefore unable to supply you with the names of the public employees causing the injury or damage or loss. As of the date of the presentation of this claim, the estimated amount of Mr. Rios' damages known as: 1. False arrest and imprisonment. $5,000.00 000050 5. Future Damages: Since the charges against Mr. Rios have been dismissed he will be required to make additional court appearances in Richmond, California and will therefore incur additional traveling expenses, lost wages and inconvenience. Because the total amount of these future damages are unknown at this time Mr. Rios reserves the right to amend this notice to include the same when they are ascertained. Enclosed please find a stamped self-addressed envelope for your convenience to return the claim to our office. Please be further advised that this claim is signed by myself on behalf of the claimant because I have been unable to reach the claimant on such short notice and because the time limit for perfecting our claim is nearing an end. Very truly yours, FREDERICK A. HEISER, JR. on behalf of claimant ROBERT M. RIOS FAM/jhf 00005-1 f ` APPLICATION TO FILE LATE CLAVI • BOARD OF SUPERVISORS OF amm ODS'Lk COT2r Y, mORNIA BOARD ACTION Application to File Late ) NOTE TO APPLICANT July 24, 1984 Clain Against the County, ) the copy of this document mailed to you is your Routing Endorsements, -and ) notice of the action taken on your application by Board Action. (All Section ) the Board of Supervisors (paragraph III, below) , references are to California ) given pursuant to Government Code Sections 911.8 Government Code.) ) and 915.4. Please note the "Warning" below. County Counsel Claimant: Michael Jiles and Curlie Pickles Attorney: Alfred H. Buchta, Esq. JUN 2 2 1984 468 E. 12th Street Martinez, CA 94553 Address: Pittsburg, California 94565 Amount: $120,000.00 Via County Counsel By delivery to Clerk on June 21, 1984 Date Received: June 21, 1984 By mail, postmarked on I. FRO*': Clerk of the Board of Supervisors TO: County Counsel Attached is a spy of the above-noted An,plication .tri File Late Claim. DATED: June 21, 1984 J. R. OLSSON, Clerk, By , Deputy Jolene Edwards II. FROM: County Counsel T0: Clerk of the Board of Supervisors ( � ) The Board should grant this Application to File Late Claim (Section 911.6) -/0 /7f�ENAtr4 � OAJI�/ ( �) The Board should deny this Application to File a Late Claim (S on 11.6).tr 7z DATED: r 2 Z �"� JOHN B. CLAUSEN, County Counsel, By , Deputy III. BOARD ORDER By unanimous vote of Supervisors resen jr (Check one only) ( XX) This Application is granted (Section 911.6) . As to Michael Jiles only. ( XX) This Application to File Late Claim is denied (Section 911.6) . As To Cur 1 i e Pickles . I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED: 7-24-84 J. R. OISSON, Clerk, Bye , Deputy Reeni DuBois WARNING (Cov't.C. §911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation re- quirement) .-See Government Code Section 946.6. Such petition must be filed with the court within -six (6) months from the date your applica- tion for leave to present a late claim was denied. You may seek the advice of any attorney of your choice in connec- tion with this matter. If you want to consult an attorney, you should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel, 2 County Administrator Attached are copies of the above Application. [-le notified the applicant - of the Board's action on this Application by mailing a copy of this document, and a mems thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED.. 7-24-84 J. R. OLSSON, Clerk, By r Deputy V. FROM: 1 County Counsel, 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM 000052 2 fO: Dr. William Walter RECEIVED Director Health Services JUN 3 2500 Alhambra U� �,�t14;Martinez, CA. 94553 CLERKBOA1ROOLFSUP VISORS 4 l.O T A C05T CO. ey Deputy 5 6 CLAIIIANT: Michael Jiles and his mother, Curlie Pickles 7 ' ('l.:i1�1:1ti'I''ti AIMRLSS: See below 8 , ADDRESST0 1 111('11 NO -11( '11S Alfrcd I1. I(uclitii, Esq. U• ARF TO BE' SENT: 4611 l:. 1 ,2t I, Street i 10 Pitt`hur,r, ('alifornia 94565 i 11 - DA-11' AND CIRCU7.1S•I AN1('1'S t)F OCC URItEN('l:c On September 6, 1983, Michael Jiles was brought to 12 the Plttsburg, California Clinic to have casts removed ' from both of his legs. Dr. John W. Hutchison careless-' 1� 13 lv and negligently cut and scarred both sides of both legs of MICHAEL. His mother was caused ti witness •• 14 these negligent acts. -' 15 i 16 i 17 DESCRIPTION OF 1NJUN 1• MICHAEL suffered lacerations of both sides of both ':Olt DANIAGI:: legs resulting in infections nd scarring. MICHAEL 18 further suffered emotional and physical injury I' as a result of said negligence. The mother, CURLIE 19 PICKLES, suffered great emotional distress from the I' experience of having witnessed the injuries to MICHA 20 ' r: 'I 21 22 i „ I 23 AMOUNT CLAIMED: MICHAEL JILES $100,000.00 !� CURLIE PICKLES $20,000.00 24 25 �) 26 �I I ATI D: 6/7/84 27 i 28 A L F R l:l 1. C A i Attorne [3for Claimant OQOQ' , Dr. William W$Iter, Director TO: Contra Costa county Department of Health Services 2500 Alhambra Martinez, Ca. 94553 APPLICATION FOR LEAVE TO PRESENT LATE SECTION 911.2 CLAIM I, CURLIE PICKLES, declare as follows: I am the mother of MICHAEL JILES, born April 15, 1983, and I am his natural guardian. During the first week of September, 1983, I visited the Clinic at 45 Civic Drive, Pitts- burg, California to have the casts removed from MICHAEL's legs. At that time, Dr. Hutchinson negligently cut my son's legs four times after I pleaded with him to stop cutting my son's legs. After the cutting was done, I was extremely upset and reported this matter to Dr. Tysell at the Clinic. He informed me that he would respond to me after an investiga- tion. However, Dr. Tysell never responded to me and I was never informed that I was required to make a written claim concerning this matter within 100 days. I believe that my original claim to Dr. Tysell in writing should be sufficient. f My attorney, Alfred H. Buchta, informs me that we should file another claim under ' Section 911.2. Since more than 100 days have passed, I am now requesting that I be permitted to make this late filing. (VERIFICATION ATTACHED) POINTS AND AUTHORITIES APPLICATION FOR LEAVE TO PRESENT LATE CLAIM MADE BY CLAIMANT WHO HAS BEEN A MINOR THROUGHOUT THE ENTIRE 100-DAY PERIOD FOR PRESENTING CLAIM UNDER SECTION 911.2 AGAINST PUBLIC ENTITY FOR DAMAGES FOR PERSONAL INJURY MUST BE GRANTED BY GOVERNING BODY. Whitfield v. Roth (1974) 112 C.R. 540; 10 Cal.3d 874 OQC(}r . WHERE THE PLAINTIFF NOTIFIES THE GOVERNMENT AGENCY OF A CLAIM AND THE AGENCY INFORMS THE CLAIMANT THAT THEY ARE INVESTIGATING THE CLAIM AND THEREAFTER FAILS TO CON- TACT THE CLAIMANT, THE CLAIMANT'S NEGLECT TO FILE A TIMELY CLAIM IS EXCUSABLE AND THE ACTION IS NOT BARRED. -Boas v. San Diego County (1980) 1-69 C.R. 828; 113 C.A.3d 355 Since the minor child, MICHAEL JILES, was, of course, a minor during the entire period of the 100 days, the case law requires that the governmental agency permit the late filing of his claim so long as the same is made within one year. As to the mother, CURLIF. PICKLES, she made a claim to Dr. Tyrell and he failed to respond and further failed to inform tier that she was required to make the claim within 100 days. Under these circumstances, the Boas case would dictate that a late filing is appropriate. WHEREFORE, it is respectfully submitted that the Application of CURLIE PICKLES should be granted and the late filing of the claim under Section 911.2 should be allowed for the minor, MICHAEL JILES, and his mother, CURLIE PICKLES. Dated: February 28, 1984. LAW OFFI ES OF ALFRED-H. BUCHTA J' B 1 LFRED H. BUCHTA -2- r: ^ ^ ^rz'c� 1 ' VERIFICATION 2f I 3 STATE OF CALIFORNIA ) 1 ss. I 4 COUNTY OF CONTRA COSTA ) 5 6 i I, CURLIE B. PICKLES . declare as follows: I mother of the minor claimant 7 I am hQrein in the above-entitled action or APPLICATIONF OR LEAVE TO PRESENT i 8 I proceeding. 1 have read the foregoing* LATE Sr(-TION 911.2 9 +! and know the contents thereof, and I certify that the same is true of my own knowledge, .I 10 Ii except as to those matters which are therein stated upon my information or belief, and as 11 ! to those matters I believe it to be true. k I v 12 I 1 declare under penalty of perjury that the foregoing is true and correct. 13 Executed on 2�27�84 et Pittsburg , California. a ' 14 15 16 CURLIE B. PICKLES, mother and guardian of MICHAEL JILES 17 18 19 20 21 22 23 i j 24 (� 25 26 27 28 i PERMISSION TO ALLOW LATE FILING The Application of CURLIE PICKLES having been considered along with the Points and Authorities filed therewith, permission is hereby granted to allow the late filing of a tort claim on behalf of MICHAEL JILES, a miner, and CURLIE PICKLES. Dated: 00005'7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 24, 1984 , by the following"'vote: AYES: Supervisors Powers , Fanden , Schroder , McPeak, Torlakson NOES: None ABSENT: None ABSTAIN: None SUBJECT: Legal Defense IT IS BY THE BOARD ORDERED that the County provide legal defense for the following persons in connection with U . S . District Court , Northern District of California , Case No . C 83-6065 WWS , reserving all rights of the County in accordance with the provisions of California Government Code Sections 825 and 995. Duayne J . Dillon , Assistant Sheriff - Retired Ernest A . Clausen , Sheriff-Coroner Department {hereby certify that this is a true and correct copy of on action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: �?"�, J.R. ©LSSON, COUNTV CLERK and ex officlo Clerk o! the Board By Qd_ A_� � �, Deputy cc: Sheriff-Coroner County Counsel County Administrator 00��7�