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HomeMy WebLinkAboutMINUTES - 08141984 - 1.17 CUUM 1-017 BCARD Og SOPSEvp9m cr mmm c06'PA awn, QuII++ mm BaW ACTION Claim Against the Cozmty, cc District WMCE TO (LA .0,u s t 14 , 1994 governed by the Board of Super v.�o, ; Lag= � of s t Mail ed t0 you is your Routing Endorsements, and Board ) notice of the action taken en your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Goverment Code Section 913 and 915.4. Please note all 'Warnings'. Claimant: Olive Banks Couli'ty Counsel Attorney: Haims, Johnson, MacGowan & McInerney JUL 17 1984 Attorneys at Law i Address: 490 Grand AvenueCA 94553 Oakland, CA 94610 Martinez. Amount: Undetermined By delivery to clerk on Date Received: July 13 , 1 984 By mail, postmarked on July 12 , 1984 I. FRT: Clerk of-the Board ot Supervisors y Counseli Attached is a copy of the above-noted claim. Dated: July 13 , 1984 J.R. OiSSON, Clerk, By Deputy KellyA. Calhoun II. FROM: County Counsel T0: 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 70: (1) County cunsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3) . IV. BMM By unanimous vote of Supervisors present (7() 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. Dated: -/41- $ J. R. CLSSON, Clerk, By _� �'`id Deputy Clerk or MPNIM (Gov. Code Section 913) Subject to oertain ezoepticns, 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 an 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 en&,rsed 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. DiATID: / - J. R. OLSSON, Clerk, By -4eF",-�f , Deputy Clerk cc: County Administrator (2) County Counsel (1) 00020 MATM HALMS, JOHNSON, MacGOWAN T MdNERNEY ARNOLD e.MAIMS ATTORNEYS AT LAW CLYDE L.MACGOWAN THDMASEY 490 GRAND AVENUEGARY R.JOHNSON .MMES P.SLATER II OAKLANC,CAUFORNIA 94M --���� TELEPHONE LAWRENCE A.BAKER 45-0500 RLILD.MILES RECEIVED MARC P.BOLIRET SETH J.SCHWARTZ WILLIAM B.YWTERMAN JOHN K. IRBY ROBERT J.FRASSETTO , ES`�M.S KO141I July 12 1984 SETH M.ALONSO y ' J. R. O�SSON CLEFK eoA�c Oil suaevlsoks 'C4 NNA OSTA CO e ur Contra Costa County Contra Costa County Director of Social Services Dept. Clerk, Board of Supervisors Robert E. Jornlin 651 Pine Street 2401 Stanwell Martinez, CA 94553 Concord, CA 94520 Re: DeSantiago v. Banks Contra Costa Superior Court Action No. 257055 Gentlemen: Our office represents your county employee, Olive Banks and her husband William Banks to defend a complaint for damages arising from a minor automobile accident allegedly occurring on March 22 , 1983. Please consider this a claim and demand for the County of Contra Costa to defend and indemnify the Banks because Olive Banks was a county employee, within the course and scope of her employment, at the time of the alleged accident. Enclosed please find a copy of plaintiff DeSantiago's complaint for damages. You may also inspect the court file. This complaint was served upon Olive and William Banks allegedly on June 14, 1984 . We have protected time to respond until July 27 , 1984, and please note this due date. By way of background, Mrs. Olive Banks is employed by the Contra Costa County Social Services Department at 3700 Delta Fair Boulevard, Antioch; telephone 439-4450. On Tuesday, March 22, 1983 at about 12 : 50 P.M. , Banks was driving her car and was involved in an alleged minor rear-end traffic incident with DeSantiago. It is questionable whether any damage was done to any car. County employee Olive Banks was using her own car to transport two boys who had been taken into protective custody. She was working in her official capacity as a Case Work Specialist for Children' s Protective Services. While we are advised that the county does have pool cars, one was not available at . this time, and Banks was forced to use her own car. The minor incident occurred southbound on Hillcrest at or near the intersection of Lone Tree Way in Antioch on March 22, 1983 as aforesaid. 0002 J DeSantiago v. Banks Page 2 California Labor Code §2802 mandates that an employer shall defend and indemnify his employee for actions, expenses, or losses while in the course and scope of his employment. See also Government Code §815.2; Vehicle Code §17001. Based on. the above, demand is hereby made upon you to assume the defense of Olive and William Banks and to indemnify them from any judgment, expense, or settlement of this claim. Notice of your acceptance is to be sent to the writer at Haims, Johnson, MacGowan & McInerney, 490 Grand Avenue, Oakland, California in writing, within the next 10 days. We will cooperate with you to the extent possible. Please note the due date to respond to the complaint. U ry truly yours, A MS, MacGOWAN & McINERNEY JAoES P. SLATER II JPS:kh Enclosure cc: Mrs. Olive Banks Ed Lane - County Counsel I BROOKMAN & HOFFMAN, INC. a d Attorneys at Law J MAR 1934 2 1990 N. California Blvd. Suite 740 Walnut Creek, CA. 94596 C QLSS'CUI ,STA'}ur't`r Cl T 3 CONTRA Cc.: COUNTYY Telephoner (415) 932-4008 5 Attorneys for Plaintiff (s) RACHEL DE SANTIAGO 6 7 IN THE SUPERIOR_COURT OF THE STATE OF CALIFORNIA 8 COUNTY OF CONTRA 'COSTA 9 10 RACHEL DE SANTIAGO, ) J 11 Plaintiff, ] J NO. 251055 12 vs. ) ] COMPLAINT FOR DAMArFS 13 OLIVE BANKS; WILLIAM R. BANKS; ] DOES ONE through TEN, J (PersonalaInjury/Vehicular) 14 ] ] 15 ) 16 Defendants. ] 17 J ] 18 ) 19 20 COMES NOW Plaintiff RACHEL DE SANTIAGO, above-named, 21 and complains of the defendants above-named, and each of them 22 and for cause of action alleges as follows : 23 I, 24 That defendant DOES above-named are sued herein under 25 such fictitious names for the reason that the true names and 26 capacities are unknown to plaintiff, who prays leave of court 3ROOKMAN -1- :. HOFFMAN MRNEVS AT LAW 00023 1 when said true names and capacities are ascertained to insert 2 the same herein with appropriate charging allegations . 3 II 4 That plaintiff is informed and believes and therefore 5 alleges that at all times herein mentioned each of the defendants 6 above-named was the agent or principal of each of the other 7 defendants and was at all times herein mentioned acting within 8 the course and scope of said agency and/or employment. 9 III 10 That plaintiff is informed and believes and therefore 11 alleges that at all times herein mentioned the defendant vehicle 12 driven by defendant (s) hereinafter named was owned by the above- 13 named defendants , and each of them, and was driven by said 14 defendant (s) hereinafter named with the consent and nermission 15 of said other defendants. 16 IV 17 That at all times mentioned herein, Hillcrest was and is 18 a public street and/or highway, intersecting Lonetree Way, in the 19 City of Antioch, County of Contra Costa, State of California. 20 V 21 That on or about March 22, 1983 , plaintiff was the driver 22 of a certain Dodge Coronet vehicle, which was proceeding along 23 Hillcrest, at or near its intersection with Lonetree Way, as afore 24 said; that at said time and place, the above-named defendants, 25 including DOES ONE through TEN, did so carelessly and negligently 26 drive, operate, maintain, control and/or entrust that certain DROOKMAN 'HOFFMAN -2- rORNEYS AT LAW 00 2 I vehicle so as to cause it to come into collision with the vehicle 2 occupied by the plaintiff, sustaining personal injuries and damages 3 as hereinafter described. 4 6 7 9 10 I V ' 11 I 12 That as a direct and proximate result of the said careless- 13 ness and negligence of the defendants, and each of them, plaintiff 14 was hurt and injured in health, strength and activity, sustaining 15 injury and shock to plaintiff 's nervous system and person, all 16 of which injuries have caused and continue to cause plaintiff 17 great mental , physical and nervous pain and suffering; plaintiff 18 is informed and believes and therefore alleges that said injuries 19 will result in some permanent disability to said plaintiff . 20 VII 21 That as a direct and proximate result of the said careless- 22 ness and negligence of the defendants , and each of them, plaintiff 23 has been generally damaged in such amounts as will be disclosed 24 under the provisions of California C.C.P . Section 425 . 10 and 25 425.11. 26 JROOKMAN -3- HOFFMAN �®O JRNEVS AT LAW VIII 1 That as a direct and proximate result of the said 2 carelessness and negligence of defendants, and each of them, 3 plaintiff has incurred and may in the future incur medical 4 expenses in amounts as yet undetermined; plaintiff prays leave 5 of court when the reasonable amount of such expenses is 6 ascertained to insert the same herein with appropriate charging 7 allegations. 8 Ix r 9 That as a direct and proximate result of the said 10 carelessness and negligence of defendants , and each of them, 11 plaintiff has been and may in the future be disabled from 12 gainful employment; plaintiff prays leave of court when the 13 reasonable amount of such loss is ascertained to insert the 14 same herein with appropriate charging allegations . - 15 WHEREFORE, PLAINTIFF prays judgment against defendants, and 16 each of them, as hereinafter set forth. 17 18 19 20 22 23 24 25 26 BROOKMAN 4 HOFFMAN _4_ :TTORNE�'6 AT LAW 00026 0026 r 1 AS AND FOR A SECOND SEPERATE AND DISTINCT CAUSE. OF 2 ACTION, COMES NOW PLAINTIFF RACHEL DE SANTIAGO AND 3 COMPLAINS OF DEFENDANTS, AND EACH OF THEM AS FOLLOWS : 4 I 5 Plaintiff herein refers to and incorporates in this caus 6 of action, as though the same were fully set out at this point, 7 Paragraphs I through V . of the First cause of action 8 brought by Plaintiff RACHEL DE SANTIAGQ as fully and complete 9 so if said allegations were set out herein, in the words and 10 figures therein contained. 11 II 12 That at the time of the happening of said collision 13 plaintiff herein was the registered owner of that certain vehicle 14 hereinabove alleged to have been the vehicle driven by Plaintiff 15 RACHEL DE SANTIAGO, 16 that as a direct and proximate result of the said carelessness 17 and negligence of defendants , and each of them, plaintiff ' s said 18 vehicle was bent, damaged and broken to such an extent that 19 plaintiff was damaged thereby; plaintiff prays leave of court 20 when the reasonable amount is ascertained to insert the same 21 herein. .22 23 24 25 26 3ROOKMAN HOFFMAN OFNEYS AT LAW -5- 00027 E 1 WHEREFORE, -plaintiff prays judgment against defendants, e 2 and ON THE FIRST CAUSE OF ACTION: ► 3 1. _ For general damages according to proof pursuant to 4 the provisions of California C.C.P. Section 425. 10 and Section 5 425. 11; s 6 2. Medical expenses according to proof; a 7 3. Loss of income according to proof; 8 4 . Costs of suit; and 9 5. Such other and further relief as the court deems 10 proper. 11 B. ON THE SECOND CAUSE OF ACTION: 12 1. For property damages and loss of use according to 13 proof; 14 2. Costs of suit; and 15 3 . Such other and further relief as the Court deems 16 proper. 17 BROOKMAN & HOFFMAN, INC. 18 19 BY Anthony R. Brookman 20 Attorneys for Plaintiff RACHEL DE SANTIAGO 21 22 23 24 25 26 IAN PIAN &r u►w -6- 0002 6- 0002 t a CLAIM ' BOARD OF SUPERVISORS OF COMA COSTA QOOA y, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NNICB TO CIAMW August 14 , 1984 governed by the Board of Supervisors, ) The copy of th s document ma ed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. A11 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: Kenneth D. Ellis County Counsel Attorney: David L. Cunningham, Esq. J U L 09 1984 P.O. Box 1648 Address: Sausalito, CA 94966 Martinez, CA 94553 Amount: $2,500,000.00 By delivery to clerk on Date Received: July 9, 1984 By mail, postmarked on July 6, 1984 I. FRCM: Clerk of Ege Board ot Supervisors County Counsel Attached is a copy of the above-noted claim. 41 Dated: July 9, 1984 J.R. OLSSON, Clerk, By Deputy o enear s II. FROM: County Counsel 70: Clerk of the Board of Supervisors (Check only one) (X) This claim complies substantially with Sections 910 and 910.2. /( ) This claim FAIIS 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 - By: Deputy County Counsel III. FRCM: Clerk of the Board 'IO (1) Cqinty 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) 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. Dated: J. R. OISSON, Clerk, By 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. FTM: Clerk of the Board TD: (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: - - $'51 J. R. OLSSON, Clerk, By <) ����, Deputy Clerk cc: Camty Administrator (2) County Camsel (1) 00029 CLAIM . %.60"M iA18: nuAxu -vF sUFERVISURS OF CONTRA CCW*reapplication to: • Instructions to ClaimantClerk of the Board • P.O.Box 911 Mmine Caiifomia94353 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty Por fraudulent claims, Penal Code Sec. 72 at end o Reis form. RE: Claim by )Resery toryjClfiling stamps Kenneth D. Ellis ) ' FECEIVEDq V.A. Hospital, Martinez, Ca. 3 Against the COUNTY OF CONTRA COSTA) or DISTRICT) J. R. o:SSON (Filln name ) CLERK BOARD OF SUPERVISORS 5 /CQNTR4 COSTA CO. By��4.......J.".�.'1.Q... .De u The undersigned claimant hereby makes claim against a County 'ojf Contra Costa or the above-named District in the sum of $ 2 ,500,000.00 and in support of this claim represents as follows: I.- ihen did-the damage or In3ury occur? Give exact date and-hour] Injury occurred on April 6th, 1984 , between the hours of 9:15 A.M. and 9:20 A.M. '2: Where did iie damage or In3ury occur? IInclude cl-ty and countyf Injury occurred directly adjacent to AMTRAK station in Martinez, Ca. in Contra Costa County. �--�---- ------- ------�- - ---�--�.----- _--- - - --moi��--..---- 3. How did the damage or n3ury occur? ZGive iuii-details, use extra sheets if required) Injury occurred when victim was struck by moving train. There was apparently no attempt by the engineer to slow the train to allow for safe crossing. Victim was struck after he stumbled on tracks. i What particular act or omission on the part oi-county or district ! officers, servants or employees caused the injury or damage? i City and/or County were negligent by failing to construct and maintain a fence barrier dividing their property from- the Southern Pacific and/or AMTRAK railroad right-of-way which parallels the Ferry St. crossing and the edge of the Park on North side of tracks. This non- 1 existent fence barrier would foreseeably prevent pedestrians (over) from walking across the railroad tracks and being struck by locomotives. 00030 . 5. What are the names of county or district officers, servants or employees causing the damage or injury? Unknown at this time. g:--f4R;E Gama-ge-oz in3uries-ao you claim resulted? ZGive buil extent of injuries of damages claimed. Attach two estimates for auto damage) Amputation of left- lower leg. Mental and emotional trauma._ Permanent-disability. Impairment in role as father. Loss of future earnings. dear ing�------- ----------------- --------------- ---- $ow was the amount claimed above computed? ZInclude the estimate amount of any prospective injury or damage. ) Estimates based on reported cases and value of lost left leg. ------------------------- --------------------------- ----------------- 6. Names and addresses of w'tnesses, doctor and hospitals. John Yencho, 208 Alm Ave. , 145, Martinez, Ca. Brian Henderson, 116 Green St. , Martinez, Ca. Kermit A. Job, S.P. Engineer 658-8063 Lynn Voorhees, S.P. Brakeman 524-4748 Dr. Dixon, Contra Costa County Hospital, Martinez Ca. Dr. Verlinden & Dr. Pikul, V.A. Hospital, Martinez, Ca. �. List the expenditures you made on account of this accident or in3ury: DATE ITEM AMOUNT Unknown to date. i Govt. ode Sec. 910. roSalf. "es: "The i s the imant SEND NOTICES TO: (Attorne ) or b me rs on his. Name and Address of Attorney David L. Cunningham, Esq. attorney fo ass igna ur P.O. Box 1648 Sausalito, Ca. 94966 A rens V_A_* Hbsl2i.tal . Martinez, Ca. Telephone No. (415) 332-7600 Telephone No. (415) 22.8-6800 R�r�t:*����*•���*�:re:**+t�r�r��+��*�t��rt:�t�:���itR�Rtf�t�t�ttt�:r���,�*t��ttR�r*t�*�r*� NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, '-or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony." 00031 County cwriel aA3M J U L 1 OF StTPE MSOM Cr CORM COSM CMM, CA1 FMWA Martinez, GA 94553 BOARD ACTION claim Against the County, or District ) lldi'ICE TO CEAIMANT August 14, 1984 —)verned by the Board of Supervisors, ) The copy,of this document ma ed to you is your jouting &awsements, 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: Larry and Stephanie Engel Attorney: Scott Buresh York, Buresh & Kaplan Address: 1708 Shattuck Avenue Berkeley, CA 94709 Amount: Unspecified By delivery to clerk on Date Received: July 11, 1984 By mail, postmarked on July 9, 1984 I. FitEM: Clerk of the Board ot Supervisors Canty Cazisel Attached is a copy of the above-noted claim. Dated: July 11, 1984 J.R. OLSSON, Clerk, By 44Deputy Jolene Edwards II. FROM: County Counsel T0: Clerk of the Board of Supervisors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. V) 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: i Dated: - 2 - By: Deputy County Counsel III. FROM: Clerk of the Board ZO: ) C ty Counsel, (2) County Administrator ( ) Claim was returned as untimely with ice to claimant (Section 911.3) . IV. BOARD 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 rder entered in its minutes for this date. Dated: 13 -/.1/- 8 .1/- J. R. OLSSON, Clerk, By J � , Deputy Clerk MJING (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 erection 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. IaAATID: -/ - $ J. R. OLSSON, Clerk, By L - , Deputy Clerk County Administrator (2) County Counsel (1) 00032 CLAIM RECEIVED GOVERNMENT CODE CLAIM FORM JIIL /I iQQA J.R. OLS CIEFr• •' AMD SFl�VISORS THE GOVERNING BODY OF: COUNTY OF CONTRA COSTA ey —rwr (Address ) Attn: J.R. Olsson, County CierK 725 Court Martinez, California 94553 CLAIMANT: Larry Engel and Stephanie Engel c/o York, Buresh & Kaplan (Address ) 1708 Shattuck Avenue Berkeley, California 94709 DATE OF INCIDENT: March 2, 1983 LOCATION OF INCIDENT: That property in and around #9 Charles Hill Circle City of Orinda, County of Contra Costa, State of California DESCRIPTION OF INCIDENT: Please see complaint attached hereto. NATURE OF DAMAGES: Indemnification for damage to real property as a result of the landslide occuring thereon. AMOUNT OF CLAIM: $ See attached complaint. ITEMIZATION OF CLAIM (List Items Totaling Amount Set Forth Above) TOTAL: $ ATTORNEYS TO WHOM NOTICES NAME: Scott Buresh SHOULD BE SENT: York, Buresh & Kaplan ADDRESS: 1708 Shattuck Avenue Berkeley, CA 94709 TELEPHONE: 415/548-7474 DATED: July Y , : 1984 BY: ( x�J' SCOTT BURESH Attorneys for Cla' ant 000-33 1 MARILYN MAC RAE Attorney at Law 2 360 17th Street , Suite 212 41AR Oakland , CA 94612 t 3 ( 415-) 465-1732 JI-) ' CONTRA COSTA Cnill�T , 4 'SALVATORE J . BELLIA Ry IAttorney -at Law Dcpury 51 360 17th Street , Suite 212 Oakland , , CA 94612 G ( 415 ) 465-1732 7 AT•TORN!EYS FOR PLAINTIFFS g SUPERIOR COURT OF CALIFORNIA IN THE COUNTY OF CONTRA COSTA 9� I 101 111 LEW H . LEE AND PHYLLIS LEE No. 12, Plaintiffs COMPLAINT FOR *:ECLIGENCE 13CONTINUING NUISANCE , vs NEGLIGENCE , NUISANCE , INVERSE CONDEMNATION 14 FiF;ATRICE KRELL , HARRY KRELL , PAM FLETCHER , MIKE FLETCHER , 15 STEPHANIE ENGEL , LARRY ENGEL, LEIGH FORSBERG , M .D. , NANCY 16 FORSBERG , PIERCE MCKEE , ROSINA MCKEE , JAMES TAYLOR , GAIL TAYLOR , 17ICITY OF ORIJDA , COUNTY OF CONTRA COSTA , CENTRAL CONTRA COSTA 1s' SANITARY DISTRICT and DOES I .1y� throu,�Eh XXXX inclusive , Defendants . 201 21Plaintiffs , LEW H . LEE and PHYLLIS LEE , allege as follows : 22 1 . Plaintiffs are husband and wife and at all times mentioned: 1i and landscaping. i 2' Y2. Defendants , STEPHANIE ENGEL and LARRY ENGEL (hereinafter { 3; referred to as ENGELS ) at all times mentioned herein were and 41 still are owners of and in possession and control of a certain 5 piece of real property located uphill from Plaintiffs at 4131 Oi Charles Hill Circle , Orinda , Contra Costa County , California . Said real property is improved with a single family dwelling, ap- purtenant structures , landscaping and other improvements . f Q; 3. Defendants , PAM FLETCHER and MICHAEL FLETCHER (hereinaf- I l0 - ter referred to as FLETCHERS) at all times mentioned herein were 111 and still are owners of and in possession and control of a cer- 12tai.n real property located uphill from P? ainti. ffs at #29 Charles { 13� Hill Circle , Orinda , Contra Costa County , California . Said real I 14 property is improved with a single family dwelling, appurtenant 151 structures and other improvements including; but not limited to, iG; a swimming pool , deck , and landscaping. 17I 4 . Defendants , BEATRICE KRELL and HARRY KRELL (hereinafter i ISS referred to as KRELLS ) were the former owners of .the uphill prop- 19I erty presently owned by Defendants FLETCHERS as described above. I 201 Said real property consisted of a single family dwelling, appur- 21 tenant structures and other improvements including, but not lim- � 22; ited to, a swimming pool , deck and landscaping. Plaintiffs are I 231informed and believe and on this basis allege that -Defendants 24, KRELLS' present residence is in. Pebble Beach , California. - I 251 5 . Defendants , JADES TAYLOR and GAIL TAYLOR (hereinafter 26' referred to as TAYLORS) at all times mentioned herein were and 27i still are owners of and inp ossession and control of a certain 8 2 -- � real property located uphill from Plaintiffs at 4127 Charles Hill 00035 1 Circle , Orinda , Contra Costa County , California. Said real prop- erty .is improved with a single family dwelling, appurtenant struc-i 3 tures , landscaping and other improvements . I 41 6 . Defendants , PIERCE MCKEE and ROSINA MCKEE (hereinafter 5� referred to as MCKEES ) at all times mentioned herein were and istill are owners of and in possession and control of a certain 7i piece of real property located uphill from Plaintiffs at #25 8.� Charles Hill Circle , Orinda , Contra Costa County , California . Said 9' real property is improved with a single family dwelling , appur- 10' tenant structures , landscaping and other improvements . 11 7 . Defendants , LEIGH FORSBERG , M.D. and NANCY FORSBERG (her 12 'inafter referred to as FORSBERGS) at all times mentioned herein 13? were and still are owners of and in possession and control of a i 14 certain piece of real property located uphill from and adjacent to 151 Plaintiffs at #24 Charles Hill Circle , Orinda , Contra Costa County!,. 16! California . Said real property is improved with a single family 17 dwelling , appurtenant structures , landscaping and other improve- 18' ments . 10 S. Plaintiffs are informed and believe and upon this basis 20� allege that Defendant CITY OF ORINDA is , and at all times ment- 21 , Toned herein was , a chartered .citYduly organized and existing s g 22� under the laws of the State of California and situated in the 23 County of Contra Costa , State of California. 24 9. Plaintiffs are informed and believe and upon this basis 25 allege that Defendant COUNTY OF CONTRA COSTA is , and at all timesi 26 mentioned herein was , a county duly organized and existing 27 under the laws of the State of California. 28 00036 1 real property , all to Plaintiffs damage as alleged herein. 2 20. As a proximate result of the mudslide and/or soil 31 movement caused by said Defendants ' negligence , Plaintiffs ' res- 4j idence was placed in imminent peril , and due to the damaged sep- 51 tic system , was rendered uninhabitable . Plaintiffs suffered 6i other damages including but not limited to , the costs of emer- gency repairs and permanent repairs to and replacements of the i R follc:•:ing structures and improvements : Plaintiffs ' swimminig poo i pool house , septic system , patios , retaining walls , drainage sys- I 10 tem , driveway , landscaping, dwelling and other improvements. W 21 . As a further proximate result of the uphill landowners ' 12I nagligence , Plaintiffs have suffered the following: loss of per- 13, sorrel property , dimunition in the fair market value of' Plaintiffs 'i 14 real property , deprivation of the use and enjoyment of their real 151 property and improvements since 1-larch 2 , 1983 , continuing, costs 16. of borrowing funds to pay for said repairs and replacements , 17 engineering and other professional fees incurred in attempting to 18 remedy said problem , lost wages and other general damages in an � amount as yet unascertained to be proven at trial . 26I 22. As a further proximate result of the acts of Defendants 21 ) KRELLS , FORSBERGS , and FLETCHERS , Plaintiffs have suffered emo- 22. tional distress , humiliation , anxiety , worry , embarass „ent , * anger 23 fear , mental anguish and suffering to the detriment of their 24 general health in an amount not yet ascertained to be proven at 20 trial. 7 � L 26SECOND CAUSE OF ACTION N � f(,c 27 Plaintiffs allege for a Second Cause of Action CONTINUING 28 NUISANCE against Defendants KRELLS , FORSBERGS , and FLETCHERS and 00037 . I 1 � DOES I through XXXX , and each of them, as follows : 2; -Plaintiff realleges and incorporates by reference each and 3� every allegation set forth in paragraphs 1 , 3, 4 , 7 and 11 of 41 their preliminary allegations and paragraphs 12 through 18 and 20 5� through 22 , incl :sive , of their First Cause of Action as though 6� fully set forth herein . 7 23 . Said soils conditions constitute a continuing nuisance b; in that they are responsible for the full subsidence , sliding, 9 move ng and descending of earth and debris on to Plaintiffs ' M property on or about March 2 through March 9 , 1983 causing a con- 111 dition injurious to Plaintiffs ' health and offensive to the 12' senses ; constitutes an obstruction to the free use and enjoyment 13of Plaintiffs ' property and interferes with the comfortable en- 14 joymnet of their property . 15 24 . In doing acts and omissions alleged herein defendants 16 and each of them , acted in conscious disregard of the rights and 17 safety of Plaintiffs in that Defendants knew that their actions 18 and failures to act were likely to cause damage to Plaintiffs 1�J and to Plaintiffs' downhillro ert . Defendants ' willful ac- p P Y 20, tions and failures to act entitle Plaintiff to exe: plary and pun- 21 + itive damages in the sum of $1 million dollars. 22 25 . The mudslide and/or landslide condition and unnatural 231 channeling of surface and subsurface waters will remain and con- 241 tinue to cause new and further damage to Plaintiffs ' real prop- 25 erty unless Defendants , and each of them, are enjoined and di- 26 rected to take such measures as are necessary to temporarily 27 and permanently protect against further soil movemi-ents and un- 3 natural channeling of surface and subsurface waters from Defer.- 00038 1 surface waters , dangerous conditions were created on the proper- 2ties of said Defendants , KRELLS and FORSBERGS . 3 ' 15 . Plaintiffs are informed and believe and on this basis I 4i allege that Defendants KRELLS and Defendants FORSBERGS knew or had 5i reson to know prior to March 2 , 1983 that said dangerous condi- tions existed on their properties and therefore a duty arose on 71 the part of Defendants to act as reasonable persons in the man- 1 gi agement and control of their properties so as to protect Plain- 91 tiffs ' property and Plaintiffs from harm. 10' 16. Defendants KRELLS and FORSBEIRGS breached said duty 1] by failing to remedy or repair said known dangerous conditions 121 so as to protect Plaintiffs ' property and Plaintiffs from harm. 1�1! 17 . Plaintiff are informed and believe that prior 'to March I 14 . 2 , 1983 , Defendants FLETCHERS purchased the KRELLS property , that 15 Defendants FLETCHERS had reason to know and did know of the dan- 16 gerous conditions on said property prior to said date but failed t: 17 . remedy or repair said dangerous conditions so as to protect Plain- tiffs ' property and Plaintiffs from harm. 19l18. On or about March 2 1 83 after heavy rains a sudden 1 9 � Y 2o1 mudslide and/or soil movement occurred on the properties of De- 21 fendants FLETCHERS , ENGELS, TAYLORS , MCKEES and FORSBERGS. � 22� t 19 . Plaintiffs are informed and believe and thereon allege 2T that Defendants , KRELLS , FORSBERGS and FLETCHERS so negligently 21 owned , managed , maintained , improved , designed , constructed , grade( 25 and drained their real property so as to cause surface and sub- 26: surface waters to be unnaturally collected and channeled into the 27, unstable soil mass on Defendants ' realro ert causing the soil p P Y g 28, mass to fall , subside , slide , move and descend upon Plaintiffs ' _F_ 00039 1 FIRST CAUSE OF ACTION ,w . 2 _ Plaintiffs allege a First Cause of Action for NEGLIGENCE a- . 31 gainst Defendants KRELLS , FORSBERGS , FLETCHERS and DOES I through 4 XXXX, and each of them , as follows : 51 Plaintiffs reallege and incorporate by reference each and 61 every allegation set forth in paragraphs 1 , 3 , 4 , 7 and 11 , inclu-! 71 sive of their preliminary allegations as though fully set forth 81, herein . 9! 12. Plaintiffs are informed and believe and on this basis 10(' allege that prior to March 2, 1983 , Defendants KRELLS while owners I f 11 � of she real property known as X29 Charles Hall Circle , Ori nda , 12� Contra Costa County , California , altered the natural condition 13i of said real property by cutting , grading and excavating said 14 . real property and by constructing and maintaining a pool , terraced; 15 landscaping and other improvements on said real property, I 16 13 . Plaintiffs are also informed and believe and on this 171 basis allege that prior to March 2 , 1983 , Defendants FOP SBERGS 18' altered the natural condition of their real property located up- 191 hill and adjacent to Plaintiffs ' property , by cutting, grading, ! 201 and excavating said real property and by constructing and main- 21 taining a drainage ditch and other improvements on said real 22 property. 23 14 . Plaintiffs are informed and believe and on this basis 24, > g allege that said Defendants in doing the activities hereinabove 25! alleged , failed to act as reasonable persons would under the same .`G or similar circumstances . As a result of said Defendants ' negli- 27. gent acts , which include, but are not limited to, improper grading 28 and compacting of fill and unnatural collecting and channeling of 0004 1 10. Plaintiffs are informed and believe and on this basis 2 allege that Defendant CENTRAL CONTRA COSTA SANITARY DISTRICT • 3. (hereinafter referred to a's CCC SANITARY DISTRICT) is and at all 4 ' times mentioned herein was a Sanitary District duly organized 5. and existing under the laws of the State of California. 6i 11 . The true nature and capacity of Defendants sued herein as DOES I through XXXX , inclusive , are unknown to Plaintiffs who I 8therefore sue such Defendants by such fictitious names . Plain- tiffs will seek leave to amend this complaint to state tate their trueI . 10. names and capacities when the same have been fully ascertained , 11I together with further appropriate charging allegations .tions . Plain - 12I tiffs are informed and believe and thereon allege that each of 13' the fictitiously named Defendants is responsible in some manner 14I for the occurrence herein alleged and that Plaintiffs ' injuries I as herein alleged were proximately caused b said Defendants ' 15I e P Y Y 161 acts or failures to act. 17; 20! 211 I 221 23' 24 25 26 27; 28 // 00041 11 dants real property onto Plaintiffs ' real property. By 2 :1 reasonof the nature of the soils movement and unnatural chap- " 3 ! n2ling of surface and subsurface waters and its continuing i 4 nature , money damages will not afford adequate relief to 5�IPlaintiffs . Plaintiffs face great and irreparable injury un- 6!I less the injuntion herein prayed for is granted . I 8� THIRD CAUSE OF ACTION I � 9; 10� Plaintiffs allege a Third Cause of Action for INVERSE CCi;DE1,"'ATION against Defendants CITY OF ORIr'DA , COUNTY OF 11 � CONTRA COST, CENTRAL CONTRA COSTA SANITARY DISTRICT , and DOES 121: I through XXXX , and each of them , as follows'.: 131 14 , Plaintiffs reallege and incorporate by reference each and 151 every allegation set forth in paragraphs 1 , 8 , 9 , 10 , 11 in- 20I elusive , of their preliminary a_ 1_ legations as though fully set li �i I forth herein . 15,f 26 . Plaintiffs allege that Defendant COUNTY OF CONTRA COSTA 191 participated in the development process of the tract in which 201 Plaintiffs' parcel of real property is located and upon which 211 their single family dwelling was constructed by requiring of the . 22i developer the dedication of storm drainage ease:,,ents for public 23+ use for the construction of and acceptance by it of facilities 24� for the management of storm waters collected and to be controlled " 251 within adjacent public and private property . 26 27 . That the CITY OF ORIIDA and/or COUNTY OF CONTRA COSTA 27 since the dedication and construction of storm drainage facilities= 28and public streets has excercised dominion over the streets 0®042 1 1 and storm drainage facilities. 2 28. That Defendant SENTRAL CONTRA COSTA SANITARY DISTRICT 31 has exercised dominion over and maintains easements for its 4 sanitary sewers adjacent to Plaintiffs' real property and with 5� and adjacent to storm drainage easements and facilities cur- rently maintained by the Defendant CITY OF ORINDA . 7+' 29 . That the facilities dedicated , constructed , maintained 81 or over which the Defendant public entities have exercised dom- 9 inion have caused a direct and substantial adverse environmen- 10i tal burden upon Plaintiffs ' real property for which Plaintiffs 11 { have been singled out to suffer . 12� 30. That as a direct and substanial cause thereof Plain- 13I tiffs ' real property has been damaged within three years last 14 past in an amount as yet unascertained to be proven at trial . 15 16 17 18 20� 21 . 221 23 24I 25� 2G! 27 28 -lo- 00043 1 FOURTH CAUSE OF ACTION 2 Plaintiffs alleg Fourth Cause of Action for NEGLIGENCE 3 against Defendants ENGEL , FLETCHERS , TAYOLORS , MCKEES , FORSBERGS 4 and DOES I through XXXX , and each of them, as follows : 51 Plaintiff realleges and incorporates by reference each and 6! every allegation set forth in paragraphs 1 , 2 , 3 , 5 , 6 , 7 , 8 and 7i 11 of their preliminary allegations as though fully set forth oil i;(: rein . 9! 31. Since on or about March 2 , 1983 a dangerous mudslide 10I and/or landslide condition has existed and still exists on the of Defendants and each of them sed and 11 ! properties d ha an s cau I 121r_ontinues to cause damage to Plaintiffs ' and to Plaintiffs ' pro- . ! 13 I perty . 14i 32• Said dangerous mudslide and/or landslide condition con- 15 . stitutes a threat of imminent peril A o Plaintiffs ' home , real 161 property and to Plaintiffs themselves . Said dangerous conditions 17 have interfered with and continue to interfere with the natural 181 flow of the surface and subsurface waters on said properties caus- 19! ing said waters to be collected , channeled and mixed with the un- 20i stable slide mass and to flow and descend upon Plaintiffs property 211 all to the damage of Plaintiffs' property as hereinafter alleged . 22`1 33. On or about September 22 , 1983 Plaintiffs informed Def- 23. endants , and each of them,' in writing ( see letter attached hereto 24I as Exhibit II and incorporated by reference herein) that as of 25i 14arch 2 ' 1983 a dan : erous mudslide and/or landslide condition 26ilexisted on the properties of each of said Defendants ; that said 27� dangerous conditions were interfering with the natural flow of 281 the surface and subsurface waters on said properties ; that ac- ( 0004 1 cording to Plaintiffs' soils engineers , there was a relatively 2 high likelihood that Plaintiffs' would continue to suffer damage 3 if such dangerous conditions were not immediately remedied and/or Q 54 repaired. ` I 34• By dangerous mudslide virtue of the existence of said I G and/or landslide conditions and Defendants ' knowledge thereof, 7 Defendants , and each of them , have a legal obligation and duty to I act as reasonable persons would under the same or similar circum- 9! 9! stances in the management and control of their properties , i . e. 10 to immediately undertake repairs so as to protect Plaintiffs' pro- I 11 perty and Plaintiffs ' from harm. 121 35, In addition , said Defendants , and each of them, have a 13 legal obligation and duty not to interfere with the natural flow 14 of surface and subsurface waters upon their properties in such a 15 way as to cause harm to Plaintiffs ' property and Plaintiffs . 16 36. Plaintiffs are informed. _ . and believe that Defendants , and 17 each of them, have failed and continue to fail to remedy or repair ! 18! said dangerous conditions , either individually or collectively , in 191 order to protect Plaintiffs ' property and/or Plaintiffs . ,)0 37.37. As a proximate result of the acts and/or omissions of 211 Defendants , and each of them, as hereinabove alleged , Plaintiffs I 22, have suffered the following injuries : 2 3 f a ) dimunition in market value , or stigma loss , to Plain- .. 24 tiffs' real property ; 25 b) most of the emergency remedial measures undertaken by 26 Plaintiffs ,at a cost of approximately $25 , 000 to date , were des- 27 troyed and/or rendered useless by the continuing mudflow and vn- 28 natural channeling and accumulation of surface waters causing fur- 00045 i s , 1 1 then damage to Plaintiffs ' property. Said repairs included , but 2 were not limited to, earth and debris removal , clearing out large 3 drainage culvert so as to divert surface and subsurface waters 41 away :from house foundation , installation of temporary drainage 5; pipe for purpose of channeling surface water to protect septic 61 field and grading and excavation to minimize risk of further harm ! I 7; to Plaintiffs' home and other improvements ; j) 38. As a further proximate result of the acts and/or om- 9 ! issions of Defendants , and each of them, as hereinabove alleged , I 10 Plaintiffs ' leech field and septic system has been damaged beyond i Ill repair causing Plaintiffs ' residence to uninhabitable and requir- 12 ing Plaintiffs to have to expend over $30 , 000 for installation- of 131 a sewer line and hock-LID . I 141 39. As a further proximate result of the acts and/or om- 151 issions of Defendants and each of them as hereinabove alleged , 16Plaintiffs have suffered emotional distre.ss , humiliation , anxiety , 17 worry , embarassment , anger, fear , mental anguish and suffering IS to the detriment of their general health and other general dam- i 1Jages in an amount as yet unascertained to be prover: at trial . 20) 21 FIFTH CAUSE OF ACTION 221 Plaintiffs allege a Fifth Cause of Action for tlUISANCE 1 231 against Defendants; ENGELS , FLETCHERS , TAYLORS , MCKEES , FORSBERGS 241 and DOES I through \X-X-X , and each of them, as follows : 251 Plaintiff reallegs and incorporates by reference each and 2611 every allegation set forth in paragraphs 1 , 2 , 3 , 5 , 6, 7 , 8 and 27I 11 of their prelimiary allegations and paragraphs 31-33 , 36 of 2$. Plaintiffs Fourth Cause of Action as though fully set forth here- -13- 00046 1 40. At all times herein mentioned and since March 2, 1983 , 2 Defendants and each of them, have occupied , used and maintained 31 their properties knowing that a dangerous mudslide and/or land- 41 5, slide condition existed and still exists on their respective pro- 5l perties as a result of earth movement occuring on or about March 6� 2 , 1983 . 7! 41 . The aforementioned earth movement has caused the hillside iocated on Defendants ' properties , uphill from Plaintiffs' propert, 9� to become unstable as a result of being left in an uncompacted , 10 improperly sloped mass of earth and debris exuding mud which washed 11.� out onto Plaintiffs ' property during rains . 12� 42. Plaintiffs are informed and believe that the aforemen- 13 tiered unrepaired , unstable slope has caused a diversion of the 14 natural flow of surface and subsurface waters causing an unnatural 15 flow of water onto Plaintiffs ' downhill property . 16 43 . Defendants FORSBERGS -a-t all times mentioned herein have 17 and continue to maintain a drainage system on their property 13' consisting of a manmade earth ditch which alters the natural flow 19� ' of surface waters to that they are directed towards Plaintiffs i 20. de:-:shill property. 21 44 . The aforementioned use , occupation and maintenance by 22 Defendants of their respective properties constitutes a nuisance 23) .iithin the meaning of Section 3479 of the Civil Code in that they I 24 present an .iriminent peril of damage. to Plaintiffs ' property, con- 25 stitute an obstruction of the free use by .Plaintiffs of their real 26 property , and interfere with the comfortable enjoyment of Plain- ' 27; tiffs ' property. 24 45 . On or about September 22 1983 Plaintiffs p gave '��tten 47 1 notice to Defendants , and each of them, requesting an abatement 2 of the nuisance ( see letter attached hereto as Exhibit II and in- • 3 corporated b reference herein) but Defendants refused to and 41 y • „ continue e�to ruse to abate the nuisance. 5! 46 . Defendants and each of them have threatened to and wily Gi unless restrained by this court , continue to maintain the nuisanc 7i and continue the acts complained of, and each and every act has 8' been , and will be , without the consent , against the will , and in violation of the rights of Plaintiff. 10; 47 . As a proximate result of the nuisance created by the 12I Defendants , and each of them, Plaintiffs have been , and will be 2i 1 ! damaged in the sum, according to proof, which is necessary to 131 protect Plaintiffs ' property from further dam-age and repair damaCo 14resulting from Defendants ' falure to abate the nuisance. 15 48. As a further and proximate result of the nuisance , the 16 value of Plaintiffs ' proeprty has been diminished . Unless the 17 nuisance is abated , Plaintiffs ' property will be progressively 181 further rther diminished in value . 191 49 . As a further proximate result of the nuisance .created 20 by Defendants , and each of them, Plaintiffs have been hurt and 21 injured in their health , strength , and activity , sustaining in- 22 jury to their nervous system and person , all of which injuries 23 have caused , and continue to cause , Plaintiffs great mental , 24 physical , and nervous pain and suffering. Asia- result of such 25 injuries , Plaintiffs have suffered general damages in an amount 26 according to proof. 27 50. As a further result of the nuisance created by Defen- 28 dants , and each of them, Plaintiff, LEW H . LEE , has suffered -15- 00048 1 loss of wages , in an amount according to proof. � 2 51. Unless Defendants , and each of them, are restrained by 3 order of this court , it will be necessary for Plaintiff to com- 4 mence many successive actions against Defendants , and each of 5 them,' to secure compensation for damages sustained , thus requir- 6 ing a multiplicity of suits , and Plaintiff will be daily threat- ened with damages resulting from mudflow, landslides , and infu- si sion of surface and subsurface waters from the property of Defen- dants , and each of them. 10! 52. Unless Defendants , and each of them, are enjoined from 11 � continuing their course of conduct , Plaintiffs will suffer irrep- 121 1 arable injury in that the useful and economic value of Plaintiffs ' 13property will be substantially diminished and Plaintiffs will be 14 deprived of the comfortable enjoyment of their property. 15 53 . Plaintiff has no plain , speedy , or adequate remedy at 16 law, and injunctive relief .is expressly authorized by Sections 17 526 and 731 of the Code of Civil Procedure . 18 54 . In maintaining the nuisance , Defendants , and each of 19 1 them, are acting with full knowledge of the consequences and dama€ 2011 being caused to Plaintiffs , and their conduct is willful , oppres- 21 sive and malicious ; accordingly , Plaintiff is entitled to punitiv 22 damages against Defendants , and each of them, in the sum of { 23 $1 , 000 , 000 . 00 24 WHEREFORE , Plaintiff prays judgement against Defendants , 25 and each of them , as follows : 26 1 . For general damages in an amount within the jursidiction 27 of this court , according to proof; 28 2. For loss of earnings , according to proof; 3. For exemplary and punitive damages in the sum of 00049 .J 1 $1 ,000 , 000.00; 2 4 . For preliminary and permanent injunctions enjoining 3 Defendants to abate the nuisance and to construct such 4 works and take such other steps as are necessary to 5 control and stabilize the condition of their real 6 property , to repair and repalce Plaintiffs' real pro- 71 perty , all in a tanner consistent with good engineer- 8I ing practice , and to take all measures necessary to 91 protect against further similar occurrences , all at 10' the sole cost and expense of Defendants ; 11 5 . For costs of suit incurred ; and 121 6 . For such other and further relief as the court may 13� deem proper. 14! Dated : March 2, 1984 15 17 MARILYN MAC RAE Attorney for Plaintiffs 18 SALVATORE J . BELLIA 191 Attorney for Plaintiffs 20 21 22 23 24 25 2G 27 28 OF0050 County Counsel JUL 11 1984 CUUM BOARD op supmmsoRs og QOrM COSTA coOATPy CALnm mIA Martinez, CA 94M BOAM ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT August 14, 1984. - : i .goperned by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. A11 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: Engeo, Inc. Attorney: William A. Robles, Esq. Gordon & Rees Address: 601 Montgomery Street, Fourth Floor San Francisco, CA 94111 Amount: Unspecified By delivery to clerk on Date Received: July 11, 1984 By mail, postmarked on 7u y 10, 1984 I. FROM: Clerk of the Board at upervisors County Counsel Attached is a copy of the above-noted claim. Dated: July 11, 1984 J.R. OLSSON, Clerk, By e&4-'tOQ.e.� 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 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: - 2 - By: Deputy County Counsel III. FROM: Clerk of the Board To: ) C Ccunsel, (2) County Administrator ZJ ( ) Claim was returned as untimely with notice to claimant (Section 911.3) . IV. BOARD ORDER 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. Dated: 8- i,V- 9-V J. R. OLSSON, Clerk, By , Deputy Clerk MYOM4G (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. DA'I'FO: ;?-/ 8 J. R. OLSSON, Clerk, By , Deputy Clerk County Administrator (2) County Counsel (1) 00051 CLAIM I WILLIAM A. ROBLES , ESQ. RECEIVED 2 GORDON & REES 601 =Montgomery Street, Fourth Floor JUL it 1984 San Francisco, California 94111 CLERK BASON 3 OARD OOFF SUPERVISORS Telephone: (415) 986-8041 NT cos7�co 4Y Deputy 4 Attorneys for Claimant 5 ENGEO, INC. 6 7 IN THE MATTER OF: ). 8 THE CLAIM OF ENGEO, INC. ) CLAIM FOR INDEMNITY AND CONTRIBUTION AGAINST THE 9 -vs- ) COUNTY OF CONTRA COSTA, a public entity THE COUNTY OF CONTRA COSTA, ) (Government Code Sections ow 10 a public entity, ) 901 and 910) W $ � i � 11 ) t J 0p Q Wim 12 TO THE COUNTY OF CONTRA COSTA, a public entity: > ¢ V z i5) 13 ENGEO, INC. hereby serves and makes a demand upon the COUNTY Do > U � Q < oU< 14 OF CONTRA COSTA, a public entity, for Indemnity and Contribution O i- Q 0 z af 15 and makes the following statements in support of claim: z mN 16 1. Claimant' s name and address is Engeo, Inc. , 2280 Diamond 17 Boulevard, Suite 200, Concord, California, 94520. 18 2. Claimant' s mailing address to which notices and all other 19 correspondence are to be sent: William A. Robles of the Law Firm 20 of Gordon & Rees, 601 Montgomery Street, Fourth Floor, San Francisco, 21 California, 94111. 22 3. Amount of Claim: Claimant seeks indemnity and contribution 23 from the County of Contra Costa, a public entity, for any recovery 24 made against claimant on a complaint in Penner, et al. v. R.W.C. 25 California Company, Inc. , et al. , Action No. 251036 filed in the 26 Superior Court of the State of California, County of Contra Costa, ®0®5 1 on or about September 1, 1983. 2 4. Date and place of occurrence giving rise to claim: 3 The Complaint in Action No. 251036 states that a massive earthslide 4 occurred on February-March 1983 destroying a major portion of the 5 lot and extensively damaging the house constructed thereon in the 6 area of 321 Merrilee Place, Danville, California. 7 5. Description of occurrence giving rise to claim: 8 Claimant has no knowledge of the injuries, damages and/or losses 9 which may have been incurred other than the allegations made by Q T ° 0 10 the plaintiffs in Action no. 251036. Thus, claimant sets forth W xQ W � � 11 those allegations solely for the purpose of showing the nature Qa ° O r NWQm 12 of the claim made against the claimant, but does not adopt any of cr zi NO 13 those allegations as true or correct. Plaintiffs in Action No. 0 Ir 0 (>r a a: c oz 14 251036 claim that as a result of earth movement on their lot, they O � Q C7 oLL 15 have sustained the following damages: 2z mN 16 a) Repair damages in the amount of $160, 000; 17 b) Loss of use of the property in the amount of $35, 000; 18 c) General damages according to proof; 19 d) Special damages according to proof; 20 e) Emotional distress and mental anguish according to proof; 21 f) Punitive damages in the amount of $1,000,000. 22 On information and belief, the County of Contra Costa by 23 and through its agents and employees negligently inspected and 24 approved the construction and alteration of the hillside behind 25 the plaintiffs' house, and the installation and operation of all 26 drains. -2- ®®0� 1 The above actions by the County of Contra Costa contributed 2 to or caused the injuries, if any, of which the plaintiffs 3 complain. 4 On or about September 1, 1983, plaintiffs DONALD D. PENNER 5 and FRANCES L. PENNER brought the previously referred to Action No. 6 251036 against claimant for the above-mentioned alleged injuries. 7 If any judgment should be rendered in favor of plaintiffs against 8 claimant in said civil action, then the County of Contra Costa T 9 has a duty to contribute and/or indemnify claimant for the 0 .4° 0 10 amount of any judgment, settlement, or other resolution of the W = Q /w� Q 11 actions caused by the actions or inactions of its employees, for 4. J O O r LL e CW 12 the cost of suit and for attorneys ' fees expended in defense M o i O 13 of said actions. a: < 0 z v 14 6. The names and addresses of all public employees that o P < oLL 15 were involved in the aforesaid occurrence on the aforesaid date 2z mN 16 are presently unknown to claimant. 17 7. The amount of damages being alleged by plaintiffs are 18 set forth in Paragraph 5. 19 20 DATED: July �, 1984. GORDON & REES 21 22 BY WILLIAM A. ROBLES 23 Attorneys for Claimant ENGEO, INC. 24 25 26 -3- 00054 1 w PROOF OF SERVICE BY MAIL 2 I am a citizen of the United States and a resident of 3 the County of San Francisco, State of California. I am over the 4 age of eighteen years, and not a party to the within action. My 5 business address is 601 Montgomery Street, Fourth Floor, San 6 Francisco, California, 94111. 7 On July 9 , 1984 , I served the within 8 CLAIM FOR INDEMNITY AND CONTRIBUTION AGAINST THE COUNTY OF 9 CONTRA COSTA, a public entity (Government Code Sections 901 and 910) 00 -'J 10 to on the parties in said action by placing a true copy thereof N °' U. enclosed in a sealed envelope, with postage thereon fully prepaid, w ¢ Z 11 w300� ¢ LL in the United States post office at San Francisco, California, �� 0 12 H W Q m Z W N U ° 13 addressed as follows : 0 ¢ MU � O F- W N 4 a< i cZ 14 SEE ATTACHED PROOF OF SERVICE LIST. O � Z t7 o U.U. ZZ mN 16 17 18 19 20 21 22 23 I certify under penalty .of perjury under the laws of 24 the State of California that the foregoing is true and correct. 25 Executed on July 9, 1984 at San Francisco, 26 California. ARBARA M. BOHLEN 00055 1 Proof of Service List 2 Timothy Ryan, Esq. - Attorney for County of Contra Costa 3 Gordon, DeFraga, Watrous & Pezzaglia 611 Las Juntas 4 Martinez, California 94553 5 Clerk of the Board of Supervisors 6 County of Contra Costa 651 Pine Street 7 Martinez, California 94553 8 9 Q T 0 10 J CD w I Q W irZ 11 W ; :)¢ ¢ j U. ~ ,J o H OP W Q ' ¢ Um 13 ZW � o Z o o ¢ V Q ` IE5s 14 O XQ (7 0 LL 15 z mN 16 17 18 19 20 21 22 23 24 25 26 0005, NAME AND ADDRESS OF ATTORNEY TELEPHONE NO FOR COURT USE ONLY WILLIAM A. ROBLES, ESQ. (415) 986-8041 GORDON & REES 601 Montgomery Street, Fourth Floor trbNi, $ i&e eco, California 94111. Insen name Of court,judicial district or branch court.it any.and Post Office and Street Address SUPERIOR COURT OF THE STATE OF CALIFORNIA CONTRA COSTA COUNTY COURTHOUSE P.O. BOX 911, Martinez, California 94553 PLAINTIFF DONALD D. PENNER and FRANCES L. PENNER, VS. Defendants : R.W.C. CALIFORNIA COMPANY, INC. , WOODHILL DEVELOPMENT COMPANY, BLACKHAWK DEVELOPMENT COMPANY HILLVIEW ASSOCIATES, ENGEO INC. and DOES 1 THROUGH 20 Cross-Complainant: ENGEO, INC. VS. Cross-Defendants: R.W.C. CALIFORNIA COMPANY, INC. , WOODHILL DEVELOPMENT COMPANY, BLACKHAWK DEVELOPMENT COMPANY, HILLVIEW ASSOCIATES , and DOES 50 through 75, inclusive. SUMMONS - CROSS-COMPLAINT CASE NUMBER. 251036 NOTICE You have been sued. The court may decide IAVISOI Usted ha sldo demandado. EI tribunal puede against you without your being heard unless you respond decldir contra Ud. sin audiencla a memos quo Ud. re- within 30 days.Read the Information below. sponda dentro de 30 dins.Lea In lnformac16n quo 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 hacerto inmediatamente, de esta response, if any, may be filed on time. manera, su respuesta escrita, si hay alguna, puede ser registrada 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, taking of money or property or other relief requested in the complaint. "EC 231985 �� Ua.� `r5- DATED: . .�' .Clerk, By M. A�LENDOfZPH ,Deputy (SEAL) 2. NOTICE TO THE PERSON SERVED: You are served a. [] As an individual defendant. _ b. As the person sued under the fictitious name of: DOE .52 , . c. =On behalf of: . . . . . . . . . . . . . . . . . . . . . . . . . . Under: = CCP 416.10(Corporation) Q CCP 416.60(Minor) CCP 416.20(Defunct Corporation) Q CCP 416.70(Incompetent) []CCP 416.40(Association or Partnership) CCP 416.90(Individu 1) (,other: C C. P S,6GTiod W//6, CO C euaii e. E,rr ry� d. l= By personal delivery on(Date):. . . . . . . . . . . . . . . . . . . . A written response must be in the form prescribed by the Cafifornis Rules of Court. It must be filed in this court with the proper filing fee and proof Of service of a copy on each plaintitf's attorney and on each plaintiff not represented by an attorney. The time when a summons is teemed served On a party may vary depending on the method of service For example.see CCP 413 10.through 415.50. The word"complaint"includes cross-complaint. "plarnto""includes cross-complainant. "defendant"includes cross-defendant,the singular includes the plural. 00057 �®� Form Adoptea by Rule 982 (see reveres for Proof of serlrlee) Judicial Council of California SUMMONS CCP 412.20.412.30. Revised Effective January 1. 1979 441510 �J I WILLIAM A. ROBLES , ESQ. DEC 2 3 GORDON & REES 2 601 Montgomery Street, Fourth Floor J. R. OLJJUIv, County c1t San Francisco, California 94111 CONTRA COSTA CO TY 3 Telephone: (415) 986-8041 By 4 Attorneys for Defendant and Depury Cross-Complainant ENGEO, INC. 5 6 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 COUNTY OF CONTRA COSTA= 8 9 DONALD D. PENNER and FRANCES L. ) o - PENNER, ) o v 10 ) J U) U. Q Plaintiffs, ) W ¢ z 11 W3 =) a ) ¢ ° O _ vs. ) �s < W -' 12 ) Qv m R.W.C. CALIFORNIA COMPANY, INC. ) Z z Ci 13 WOODHILL DEVELOPMENT COMPANY, ) 0 o Wo a BLACKHAWK DEVELOPMENT COMPANY ) N0, 251036 Q a o U - 14 HILLVIEW ASSOCIATES , ENGEO INC. ) 0 ~ Q and DOES 1 THROUGH 20 ) CROSS-COMPLAINT (D 0 M 15 ) FOR INDEMNITY bQ Defendants. ) En 16 ) 17 ENGEO, INC. , ) 18 Cross-Complainant, ) 19 vs. ) 20 R.W.C. CALIFORNIA COMPANY, INC. , ) WOODHILL DEVELOPMENT COMPANY, ) 21 BLACKHAWK DEVELOPMENT COMPANY, ) HILLVIEW ASSOCIATES, and DOES ) 22 50 through 75, inclusive, ) 23 Cross-Defendants. ) 24 COMES NOW cross-complainant, ENGEO, INC. , and alleges as 25 follows: 26 1. That the true names or capacities whether individual, 00058 1 corporate, associate or otherwise, of cross-defendants, DOES 50 2through 75 inclusive are unknown to cross-complainant who, i 3 therefore, sues said cross-defendantsby such fictitious names. 4 Cross-Complainant is informed and believes and thereon alleges t 5 that each of the fictitiously named cross-defendants is legally 6 responsible in some manner for the injuries and damages alleged 7 herein; and therefore, cross-complainant requests that when the I 8 true names and capacities of said fictitiously named cross- 9 defendants are ascertained it be permitted to insert the same a: 0; �, 10 herein. N = Q W M ¢ 11 2. That cross-complainant is informed and believes and on a: a0O W� m 12 such information and belief alleges that at all times herein > ¢ cai m z Z oo - 13 mentioned each of the cross-defendants was the agent, servant or Qo � 14 employee of each of the remaining cross-defendants and was at Oz o z < o oLL 15 all times acting within the scope of such agency and employment. - z mu) 16 3. That on or about September 1 , 1983, the plaintiffs, 17 DONALD D. PENNER and FRANCES L. PENNER, filed a Complaint for 18 damages, Action No. 251036 in the Superior Court of the State 19 of California, in and for the County of Contra Costa. The 20 allegations of said complaint are incorporated by reference in 21 this Cross-Complaint solely for the purpose of showing the nature r 22 of the claim made against this cross-complainant, and for no other 23 purpose, and cross-complainant does not adopt any of those 24 allegations as true or correct. 25 4 . That an actual and present controversy exists between 26 cross-complainant and -cross-defendants. Unless all of the joint and several obligations, rights and duties arising out of Contra -2- 000 . q 1 Costa Superior Court Action No. 251036 are determined in one 2 proceeding, there will be a multiplicity of suits and cross- 3 complainant will be subject to an unreasonable risk of irreparable 4 injury. All of the rights and obligations of the parties herein 5 arise out of one transaction. 6 5 . That if there was any liability on cross-complainant' s 7 part, which liability is specifically denied, such liability 8 should be compared to the liability of the cross-defendants herein, 9 and that cross-defendants, and each of them, were entirely liable, Q -1 10 or partially liable, all in a percentage which the court or jury ° � P Y P g j Y U' z a W 3 » 11 should determine. Shoulda judgment be rendered against the QJ ° O � < WJ ` 12 cross-complainant for damages allegedly sustained by plaintiffs, �, Q > Cc zZu) - 13 that in equity and good conscience, said damages should be borne O ¢ > U Qa o � a 14 by cross-defendants herein and each of them, in such an amount O � Q oLL 15 as is their comparative fault and that cross-complainant should ! z 0u) 16 be entitled to whole or partial indemnity from said cross- 17 defendants. 18 WHEREFORE, cross-complainant prays for judgment against 19 cross-defendants, and each of them as follows: 20 1. For judgment declaring that cross-complainant is 21 entitled to indemnification from cross-defendants, and each a r 22 of them, wholly or partially, as the court or a jury may determine, 23 for any settlement made in this action or for any judgment 24 rendered against cross-complainant and in favor of plaintiffs; 25 2. For costs of suit herein, together with attorneys' 26 fees; and, -3- 000 0 1 3 . For such other and further relief as the court 2 may deem just and proper. 3 DATED: December 22, 1983 . GORDON & REES BY 6 WILLIAM A. ROBLES Attorneys for Defendant and 7 Cross-Complainant ENGEO, INC. 8 9 Q T a ; 10 LL!n 2 Q w35 � 11 cr < 0Or LL LL O LL 06 < W Q tD Q V m 0z 0 13 M w O U o < OC) 14 o PQ 0 � 15 � U) 16 17 18 19 20 21 22 23 24 25 26 -4- 00061 1 PROOF OF SERVICE BY MAIL 2 I am a citizen •of the United States and a resident of 3 the County of San Francisco, State of California. I am over the 4 age of eighteen years, and not a party to the within action. My 5 business address is 601 Montgomery Street, Fourth Floor, San 6 Francisco, California, 94111 . 7 On July 9, 1984 I served the within 8 CROSS-COMPLAINT FOR INDEMNITY and SUMMONS - CROSS-COMPLAINT 9 ¢°ov 10 on the parties in said action by placing a true copy thereof J 0) U. w11enclosed in a sealed envelope, with postage thereon fully prepaid, tr Q LL in the United States post office at San Francisco, California, �n 0 12 v m addressed as follows : Z Z y0 ?' 13 o � Wu a TIMOTHY RYAN, ESQ. - Attorney for County of Contra Costa < oZ v 14 Gordon, DeFraga, Watrous & Pezzaglia O z < 611 Las Juntas (� OU- 15 Martinez, California 94553 Z mU) 16 Clerk of the Board of Supervisors 17 County of Contra Costa - 651 Pine Street 18 Martinez, California 94553 19 20 21 22 23 I certify under penalty of perjury under the laws of 24 the State of California that the foregoing is true and correct. 25 Executed on July 9, 1984 at San Francisco, 26 California. )�.W�Ir� BARBARA M. BOHLEN 00 O CLAIM BOARD OF SUPERVISORS OF CONTRA RA COS A W VIS i ce, CALIFORNIA i BOARDp����� ACTION August 14 , 1984 Claim Against the Camty, or District ) NOTICE _TO CLAIMANT =_ _governed by the Board o�__Supervisacs, ) The oapy`o thisaocvment. ma ed t4 yqu is your M Routing Endorsements, and Board ) _-�.natioe of the action taken 'cnyour-.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: Woodley Farris Attorney: Michael J. Shepard, Esq. Heller, Ehrman, Whjte & McAuliffe Address: 44 Montgomery Street San Francisco, CA 94104 Amount: $912.00 By delivery to clerk on Date Received: July 11, 1984 By mail, postmarked on July 9, 1984 I. FROM: Clerk of Me Board at upervisors County Counsel Attached is a copy of the above-noted claim. Dated: July 11, 1984 J.R. OLSSON, Clerk, By dl_� t Deputy Jo eneEdwarEls 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 ) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in irts minutes for this date. Dated: y - 8 SG J. R. OLSSON, Clerk, Byty Clerk MRNING (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: J. R. OLSSON, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) 00063 CLAIM TO BOARD OF SUPERVISORS OF CONTRA COSTA COUNTV Instructions to Claimant A. . Claims relating to causes of action for death or -mor fury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , California 94553. C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more 'than one public entity, separate claims must be filed against each public .entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by Mr. Woodley Ferris )Reserved for C ,erk' s filing stamps #75355-011 P.O. Sox 1000 ) Boron, CA 93516 y RECEIVED Against the COUNTY OF CONTRA COSTA) Jt�L 14 984 J.R. OL,9 ON or DISTRICT) FCLERK SOARA OF SUPERVISORS TRA COSTA C (Fill in name) ) 9y DoutY The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $— - --- -1(� and in support of this claim represents as follows : 1. When did the damage or injury occur? (Give exact date and hour) The loss becare evident on April 13, 1984 at approximately 7:30 --------------------- 2. Where did the damage or injury occur? (Include city and county) Contra Costa County Detention Facility Lartinez, Contra Costa, California 94553 --------------------------------------------------------- -------------- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) Although a Clothing Receipt was completed upon admission to the facility (see enclosed) , I was advised that mar clothing was lost and unobtainable upon my release and transfer to Federal Prison Camp in Boron, CA. The loss was immediately reported to the Clothing Officer of the Contra Costa Couunnt_y Detention T. What particular act or omission on the part of county or 3iS_Ff t - officers , servants or employees caused the injury or damage? Negligence in properly securing inmate' s possessions until release. 0,0Q>f4 (over) -r..3 15 �he.,names of county or district officers, servants cr emp;IeWiw - czjasing the' damage or injury? Cloth�,:A�ficer of the Contra Costa County Detention Facility. € sttirs�e....initials on enclosed clothing receipt. ) 6. What damage or injuries do you-claim resulted? (Give full extent of injuries or damages claimed. Attach two estirrrtes for auto damage) Total loss of clothing received by the CliDthing Officer. 7 How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Total amount is computed as aggregate amount of purchase price of each individual item that was lost . ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. No witnesses; however, the- enclosed copy of the Clothing; Receipt is evidence of receipt of the lost items claimed by the undersigned claimant . The "release" section of the form was not signed by the claimant because the claimed items of clothing were not returned upon claimant ' s release and transfer. 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT N/A Govt. Code Sec. 910. 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf . " Name and Address of Attorney Lichael J. Shepard, Esq. Claima ' s in e Heller, Ehrma.n, White & IcAuliffe #75355-011 ; F.O. 902 44 Kontgomery Street Address San Francisco, CA 94.104 RAron CA 93516 _ Telephone No. (415) 772-6000 Telephone No. N/A NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, - town:,, city district, ward or village board or officer, authorized to allow or 'pay the same if genuine, any false or fraudulent claim, bill , account , voucher , or writing, is guilty of a felony.-" 00065 i 1 -f• n i O aG: a �-• ' 1 i O yit ca 4-) { tI! cr. LAJ W W of W W O �cm , v -i �. `' O i'-I 1y LLJ -^ iCl- C) � U V- Q uj x W Cl. cot . . LO. a r W C; - Z_ R ca .., h.. ..c 4n` ` k_: t• t, 'tea s.f x �� ��, £ i C; 1 ,*,,. p i C Q. t+V i Wi O co .. ywi ¢ 44 cc ' 3 I i�' "► a-r •�. � tU w. ' A � i 4J LU vi �-• _ t I f'1 w. e 1.J I pr 3 - ..1 i 1� „1 r-- en O w ►-t r 1 Y jj O i W tv LAJ 4J 'Uj t } a :J• O 1 Voo j ' W C3 t_ r iNc- 3 € �' Oco r i -4r�' e r �-O. r V4 r; �..: cn a 3 z = cc H of Z o z { � IUD, � z f = Cn z O 0©k ' ��3, 7dr � -". �.'.' Z •„ +�'�s��N-��'�...,M,s 'tea^ r. �` � � �.a. yy� Zr `•_ ;rS � ro Q �. �-' s r Z �J{ V 4 CLAIM BOAIM OF SUPERVIS01t.S OF C10NM COSH C10Wff, OUXFCRgIA =T BOARD ACTION Claim Against the County, or District ) 190►iTICE TO CLAIMANT August 14, 1984 anverned by the Board of Supervisors,. ) The copy of this document ma ,.ed 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: Leigh P. Forsberg, M.D. and Nancy Forsberg County Counsel Attorney: Capps, Staples, Ward, Hastings & Dodson J U L 18 1984 1280 Boulevard Way, Suite 204 Address: . P.O. Box 5607 Martinez, CA 94553 Walnut Creek, CA 94596 Amount: Unspecified By delivery to clerk on July 13, 1984 Date Received: July 13, 1984 By mail, postmarked on I. FROM: Clerk of the Board ot Supervisors County ounse Attached is a copy of the above-noted claim. Dated: July 13, 1984 J.R. OLSSON, 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. V) 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: BV: / r,Ec- // puty County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) 66 my Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD OfftDEEt By unanimous vote of Supervisors present (�() 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. / Dated: /Y= 8 J. R. Oi<.SSON, Clerk, By �� ' Deputy Clerk MINING (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 acticn.cn 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. FRCM: Clerk of the Board 70: (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:_ -/ - 8 /1-r J. R. OLSSON, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) 00068 C UM 1 - . q�.?°s�.x+mi*?"-'•nY�--°x._::-.�cx__,.x.: .�¢:. .... „�4 ' :t_, ?sSL.- r - ^`�., a ..a. - n-"X- ,a.�;+ '°�"`+" RECEIVED JUL/31984 C L A I M R. OL N - - - - - CLERK D PERV S�OBS� Co L :ffb �f The undersigned hereby presents the following claim against the COUNTY OF CONTRA COSTA: TO: THE CLERK OF THE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: YOU ARE HEREBY NOTIFIED that LEIGH P. FORSBERG, M.D., and NANCY FORSBERG present the following claim against the COUNTY OF CONTRA COSTA: 1. Name and Address of Claimants: LEIGH P. FORSBERG, M.D., and NANCY FORSBERG, c/o CAPPS, STAPLES, WARD, HASTINGS & DODSON, 1280 Boulevard Way, Suite 204, Post Office Box 5607, Walnut Creek, California, 94596. All notices should be sent to the above law offices. 2. Nature of Claim: This claim is for indemnity/equitable : contribution arising out of an action filed by LEW H. LEE and PHYLLIS LEE. Said action is filed in the Superior Court of Calfornia, County of Contra Costa, being Action No. 256 866. Said Complaint alleges that the plaintiffs' property was damaged on or about March 2, 1983, after heavy rains in that a mud slide and/or soil movement occurred on the properties of the defendants and that as a proximate result, plaintiffs' residence was placed in imminent peril, as well as property damage to structures and improvements. Said Complaint further alleges that the damages were proximately caused by the negligence and carelessness of the various defendants. The storm drainage facilities and public streets surrounding plaintiffs' property was constructed and maintained and dominion was exercised by the COUNTY OF CONTRA COSTA. The land movement which occurred on or about March 2, 1983, was proximately caused by the failure of the COUNTY OF CONTRA COSTA to properly maintain, construct or service the storm drain facilities. Said Complaint was served upon LEIGH P. FORSBERG, M.D., and NANCY FORSBERG onorabout May 9, 1984. 3. Nature and Extent of Damages: As indicated above, LEIGH P. FORSBERG, M.D., and NANCY FORSBERG seek indemnity and/or an apportionment of fault from the COUNTY OF CONTRA COSTA in the event that any judgment is awarded to plaintiffs, LEW H. LEE and 1 00069 DATED: July , 1984 CAPPS, STAPLES, WARD, HASTINGS DODSON A Professional Corporation T MOTHY ALLORM, Esq. Attorn y Said Defendants 2 000S AMENDED CLAIM CLAIM BOW OF SIMMMISORS OF CUWW C1WM COUNTY, CALIFO�_ lIA BDARD T ACTION _;:_._Claim Against the County, or District ) NOTICE TO CLAIMANT August 14, 1984 :=:governed by the Board of Supervisors, ) They of th s document ma ed 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: Servco Circuit Supplies, Inc. County Counsel Attorney: Linda E. Offner Thiessen, Gagen & McCoy JUL 0 9 1984 Address: P.O. Box 218 Danville, CA 94526 Martinez, CA 94533 Amount: Unspecified By delivery to clerk on Date Received: July 9, 1984 By mail, postmarked on July 51 1984 I. FROM: Clerk of the Boar _oT Supervisors County ounse Attached is a copy of the above-noted claim. Dated: July 9, 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: -rc - By: - Deputy County Counsel i III. FROM: Clerk of the Board 7t 1) County Counsel, (2) Canty Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3) . 1V. BOARD oRDE[t By unanimous vote of Supervisors present (7�) 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. ' /��� ����J�� Dated: -/ S'- 8 By J. R. OLSSON, Clerk, ,0G , Deputy Clerk MNENING (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 70: (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: �Z J. R. OISSON, Clerk, By e , Deputy Clerk cc: Canty Administrator (2) Canty Counsel (1) 000 71 CLAIM I PATRICK J. McMAHCNLINDA �Z.Q 2 SSEN,O� & McCOY RECEIVED A Professional Corporation 3 279 Front Street J11L 9 19$4 z P. O. Box 218 CLERK R. OLSO SUPERVISORS 4 Danville, California 945264N t COSTA co. BY Deputy S Telephone: (415) 837-0585 6 7 8 9 CLAIM AGAINST PUBLIC ENTITY 10 (Government Code §§ 905, 905.2 910, 910.2) 11 12 TO THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY: 13 SERVOO CIRCUIT SUPPLIES, INC. , hereby makes claim against the 14 County of Contra Costa for a stun as hereinbelow set forth and makes the 15 following statements in support of the claim: 16 1. Clainant's mailing address is SERVCO CIRCUIT SUPPLIES, INC., 17 c/o THIESSEN, GAGEN & McC'OY, P. O. Box 218, Danville, California 94526. 16 2. Notices concerning the claim should be sent to SERVCO CIRCUIT 19 SUPPLIES, INC., c/o THIFSSEN, GAGEN & Mc MY, P. O. Box 218, Danville, 20 California 94526. 21 3. The date and place of the transaction giving rise to this 22 claim are May 4, 1983, and 1960 Arnold Place, Concord, Contra Costa 23 County, California. 24 The circumstances giving rise to this claim are as follows: 25 On or about May 4, 1983, SERVOO CIRCUIT'SUPPLIES, INC. , pursuant to a writ 26 of execution (Money Judgment) , instructed the Sheriff of the County of Contra LAW OFFICES —1— THIESSEN,GAGEN Q McCOY A PROFESSIONAL `S CORPORATION 279 FRONT STREET 072 DANVILLE CA 94526 TEL.87.0585 I Costa to levy on certain personal property located at MaCTRONIC CIRCUITS, 2 INC. 's place of business, Imre commonly kno%m as 1960 Arnold Place, Concord, 3 California. On or about May 10, 1984, F.LEC TONIC CIRCUI'T'S, INC., and = 4 RICHARD A. PEAL, President of the former, brought an action against SERVC'0 S CIRCUIT SUPPLIES and ZANE WARM, President of the former, and the County 6 of Contra Costa, in Alameda County, Superior Court No. H-98748-6, seeking 7 damages for negligence, loss of business and contractual rights and 8 substantial diminishment of ownership in equity interest in ELECT 011C 9 CIRCUITS, INC., arising out of the removal and storage of that certain 10 personal property hereinabove identified. SERVCO CIRCUIT SUPPLIES, 3M. , 11 seeks indemnity against the County of Contra Costa, amre particularly the 12 public employees of the Sheriff of the County of Contra Costa who were 13 instrumental in the levy of the aforementioned personal property, with 14 regard to the foregoing. 15 5. SERVCO CIRCUIT SUPPLIES, INC., and ZANE KU;T R seek indamity 16 against the County of Contra Costa for sums which claimants may be compelled 17 to pay as a result of any damages, judgments or awards recoverable by 18 ELWTRONIC CIRCUITS, INC., and RIC7PM A. REAL against SERVCO CIRCUITS SUPPLIE 19 IW., and ZANE WMUM in the above-referenced Superior Court action. 20 Dated: July 5, 1984. 21 THIESSEN, GAGEN & McC.'OY 22 A Professional Corporation Attorneys for Claimants 23 r-0/�, - - - 24 �' LINDA. E. OFFNER 25 26 LAW OFFICES THIESSEN,GAGEN&McCOY A PROFESSIONAL -2 ®®® 1r� CORPORATION 279 FRONT STREET DANVILLE CA 94526 TEL.874)585 I DECLARATION 'OF SERVICE BY MAIL 2 _ I, the undersigned, declare: 3 That I am a citizen of the United States, over the age 4 of eighteen (18) years, and not a party to the foregoing action; S that my business address is 279 Front Street, Danville, California. 6 That on July 5, 1984 I served copies of 7 the within 8 9 CLAIM AGAINST PUBLIC ENTITY 10 11 by placing them in the envelopes addressed as follows: 12 Clerk of the Board of Supervisors 13 Room 106, Post Office Box 911 Martinez, California 94553 14 15 16 17 18 19 20 which envelopes were sealed and deposited, postage prepaid, in 21 the United .States mail at Danville, California; that there is 22 regular service between the place of deposit and each. of the 23 foregoing addresses. 24 1 declare under penalty of perjury under the 'laws of 25 the State of California that the foregoing is true and correct. 26 Executed July 5, 1984 a at Danville, California LAW OFFICES TNIESSEN,GAGEN t McOOY , A PROFESSIONAL Sharon Buckman CORPORATION 279 FRONT STREET Q DANVILLE CA 94526 TEL Of6&k