HomeMy WebLinkAboutMINUTES - 08281984 - 1.14 AMENDED CLAIM
CLAIM
BOARD OF SUPERVISORS OF COMM 0XM COURff CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMAIaI' August 28, 1984
governed by the Board of Supervisors, ) The copy ofUis document mailed to you is your
xouting 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: Timothy J. Halloran, Esq. J U L 3 0 1984
Capps, Staples, Ward, Hastings & Dodson
Address: 1280 Boulevard Way, Suite 204, P.O. Box 5607 CA 94553
Walnut Creek, CA 94596 Martinez,
Amount: Unspecified By delivery to clerk on
Date Received: July 27, 1984 By mail, postmarked on July 26, 1984
I. FROM: Clerk of the Board ot Supervisors County Counsel
Attached is a copy of the above-noted claim.
Dated: July 27, 1984 J.R. OESSON, Clerk, Byty
Jolene Edwards
II. FROM: County Counsel 70: Clerk of the Board of Supervisors
(Check only one)
This claim canplies 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. FRCM: Clerk of the Board M: (1) Conn Counsel, (2) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3) .
IV. BOARD OHM 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: :) _ SCJ. R. OISSON, Clerk, By '-� r .. �-�-� , Deputy Clerk
MING (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: s., =z - 3� J. R. OLSSON, Clerk, Bye%�� <.< ' � , Deputy Clerk
cc: County Administrator (2) County Counsel (1)
CLAIM C30
RECEIVED
�.O�SSON
CLERK BOARD OF SUPERVISORS
TRA STA CO
AMENDED C.'LAIM Lay Deputy
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 injuries and
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.
The names of the public employees responsible for said
construction and maintenance are presently unknown, but are
within the knowledge of the County.
Said Complaint was served upon LEIGH P. FORSBERG, M.D.,
and NANCY FORSBERG on or about May 9, 1984.
1 n
3. Nature and Extent of Injuries/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 .PHYLLIS LEE, as set forth in said Complaint. The amount
of damages claimed by plaintiffs to date are $25,000 for remedial
measures, $30, 000 for installation of a sewer line, and
plaintiffs seek $1,000,000 in punitive damages.
DATED: July 26, 1984
CAPPS, STAPLES, WARD, HASTINGS DODSON
A Professional Corporation
QL
TIMOTHY J . LORAN, Esq.
Attorne or Said Defendants
2
00015
1 PROOF OF SERVICE BY MAIL
C.C.P. §§1013, 2015.5
2
RE; LEE v. KRELL, et al.
3 Action No. : 256 866
4 I am a citizen of the United States and I am employed in the
County of Contra Costa, State of California. I am over eighteen
5 (18) years of age and not a party to the within-entitled action.
My business address is: 1280 Boulevard Way, Suite 204, Post
6 Office Box 5607, Walnut Creek, California, 94596. On the date
below, I served the following documents:
7
AMENDED CLAIM
8
9 by placing true copies thereof, enclosed in sealed envelopes with
postage thereon fully prepaid, in the United States Post Office
10 at WALNUT CREEK, CALIFORNIA, addressed as follows:
11
Clerk of the Board of Supervisors
12 County of Contra Costa
651 Pine Street
13 Martinez, CA 94553
14 Attention: Victor J. Westman, Esq.
County Counsel
15
16
17
18
19
20
21
22
23
24
25 I declare under penalty of perjury that the foregoing is true and
correct and that this declaration . was executed at WALNUT CREEK,
26 CALIFORNIA.
27 DATED: July .V(p 1984Il� dt hE�LUC �4-d
KAREN G. ROWLAND, Secretary to
28 TIMOTHY J. HALLORAN, Esq.
LAW OF.ICEf OF
:APPS.STAPLES.WARD.
HASTINGS a DODSON
A PROFESSIONAL
CORPORATION 00016
P'
O. Box 5607
NALNUT CREEK.CA 94596
(415) 939-4411
CLAIM
BOAmoF_$QPERVI90RS of dRYIN aosm axwy, CALummiA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT August 28, 1984
caverned 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. 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: Katherine Lynn Worley County Counsel
Attorney: Martin T. Gonsalves J U L 3 O 1984
Boatwright, Adams & Bechelli
Address: 1738 Grant street Martinez, CA 94553
Concord, CA 94520
Amount: $100,000.00 By delivery to clerk on -
Date Received: July 25, 1984 By mail, postmarked on July 25. 1984
I. FTM: Clerk of the Board of Supervisors 'T0: County Counsel
Attached is a copy of the above-noted claim.
Dated: July 25, 1984 J.R. OISSON, Clerk, By (' a-�-r,c_ Deputy
Jolene Edwards
II. FROM: Canty 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: Cle k of the Board TO: (1) Canty Counsel, (2) Canty Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3) .
IV. BOARDJII2 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. OLSSON, Clerk, By %z�- �/��_�_ - .� ) , Deputy Clerk
STING (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 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 ,. Jf '.f . , Deputy Clerk
cc: Canty Administrator (2) Canty Counsel (1) 00017
CLAIM
BOATWRIGHT, ADAMS & BECHELLI
ATTORNEYS AT LAW
1728 ORANT STREET
CONCORD, CA 94520
DANIEL E.BCAT%VRIUHT (415) "7-9121
DALE C. ADAMS
F.jostpm BECHELI.I.JR. iP it
MARTIN T.GONUALVIO11 BV...
July 20, 1984
Contra Costa County Board
of Supervisors
651 Pine Street
P.O. Box 911 *
Martinez , CA 94553
RE: Katherine Lynn Worley
To Whom It May Concern:
Katherine Lynn Worley hereby makes claim against
Contra Costa County for the sum of $100 ,000 and makes
the following statement in support of the claim:
1. Claimant' s post office address is :
Katherine Lynn Worley
c/o Boatwright, Adams & Bechelli
1738 Grant Street
Concord, CA 94520
2. Notices concerning claim should be addressed
to :
Katherine Lynn Worley
c/o Boatwright, Adams & Bechelli
1738 Grant Street
Concord, CA 94520
3. The date of the accident giving rise to this
claim was April 21, 1984 . The place was
Cypress Road and Rose Avenue in Oakley,
California.
4. The circumstances giving rise to this claim are
as follows :
On said date, an A.C. Transit bus driven by Curtis Donald
traveled across the center dividing line of Cypress Road
and struck the claimant's vehicle, causing her serious
injuries. The accident was caused in Dart by your failure
to properly design and maintain the above described
intersection and control vehicles entering said intersection.
000- 1- 8
;:,.. Contra Costa County Board of Supervisors
Page -2-
July 20 , 1984
5. The full extent of the claimant's injuries are
not known at this time, however she has suffered
considerable pain, tenderness and soreness in her
neck, back, shoulders , arms and legs .
6. With the exception of Curtis Donald, the name of
the public employee (s) causing the injuries is/are
unknown.
7. Claimant' s claim as of this date is $100,000 .
8. The basis of this computation is :
Medical Losses - Unknown
Estimated Future Medical Losses - Unknown
Loss of Wages (Past and Future) - Unknown
General Damages - $50,000
Plus the uncertain special damages estimated at or in
excess of $50 ,000.
$ 100 ,000
Very truly yours,
BOATWRIGHT, ADAMS & BECHELLI
MARTINT.T. GONSALVES
MTG:khk
00019
1 CLAIM
BOARD OF SUPERVISORS OF CORM COSTA COONPY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT August 28, 1984
governed by the Board of Supervisors, ) The copy of th s document ma ed to you is your
Routing Erx3orsements, 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 "Warning".
Claimant: William Morrison G�j,
Richard Phelps
Attorney: p '?�• 2:
Law Offices of Dennis Roberts
Address: 370 Grand Avenue
Oakland, CA 94610 q 9
Amount: Unspecified By delivery to clerk on `SSS_.
Date Received: July 25, 1984 By mail, postmarked on July 24, 1984
I. FROM: Clerk of the Board ot supervisors County CoLmsel
Attached is a copy of the above-noted claim.
Dated: July 25, 1984 J.R. OLSSON, Clerk, By , Deputy
V 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 F7.1ILS 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: ( " County Counsel, (2) ounty Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3) .
IV. BOARD 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: S- -2 4� J. R. OLSSON, Clerk, By - ,u '� 010 , Deputy Clerk
MING (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: �- - G'� J. R. OISSON Clerk B is '= '-;-
�� � - . Y „d�_��_-_-x.�._.�a-�'-���- . Deputy Clerk
cc: County Administrator (2) County Counsel (1) 00020 0020
CLAIM
�.CLAIM TO: BOARD OF SUPERVISORS OF CONTRA C(*_reapplication to:
Instructions to ClaimantVerk of the Board
.O.Box 911
Martinez,California 94553
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 for fraudulent claims, Penal Code Sec. 72 at end
of't—his form.
RE: Claim by )Reserve stamps
WILLIAM MORRISON ) IV E D
)
Against the COUNTY OF CONTRA COSTA)
. oLs:,Mrd
DISTRICT)
IS w T� C. _,:•";;;j OF SUF'ERVISORS
or a,iaTicIC�, s 0,Jii;A COSTA Co.
(Filln name ) Depu-y
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ To Be Determined
and in support of this claim represents as follows:
�
------------------------------------ - -- ---
. When did the damage or injury occur? (Give exact date and hour]
Between the dates :of 5/22/84 tnru 6 '8184
WRere d=a tKa damage or injury occur? (Include city and county)
Contra Costa County Hospital
2500 Alhambra Avenue
Martinez Cal .fornia� Cotlnt� of Conte Costa
3. How did the damage or injury occur? (Giveul� details, use extra
sheets if required)
Medical malpractice
4. What particular act or omission on the part of county or district
officers, servants or employees caused the injury or damage?
Failure to properly treat and monitor injuries sustained by 'Mrs
William Morrison as A result of an automobile accident on 522/84
(over)
00021
What are the names of county or district officers, servants or
:x �• . :employees causing the damage or injury?
it Unknown at the present time.
6. What damage or injuries do you claim resu�te�? Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage)
Loss of 'leg; Severe emotional distress ; Lost Wages; Loss of Earning
-?-.--H-o-w--w--a-s-----------------------------------
the amount claimed above computed?----n--ud--the-e-t- ated cit
amount of any prospective injury or damage. )
Amount not computed at the present time.
-------------------------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
Unknown at the present time.
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
Expenditures not computed at the present time as they are still accruing.
The total amount of expenditures will exceed $45, 000. 00.
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 &.r-�. - �P 24LgZgg
DENNIS ROBERTS, A Professional Corp. Claimant's SigiTature
370 Grand Avenue c/o Law Offices of Dennis Roberts
Oakland, California 94610 Address
ATTN: RICHARD PHELPS 370 Grand Avenue Oakland, Ca.
Attorney for
Cl man 9 610
Telephone No. Telephone No. 415-465-6363
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. "
00022
CLAIM
BOARD OF SOPEFtV sm OF C AWA coSTA coaNw, CALnnwiA
BOAED ACTION
maim Against the County, or District ) NOTICE TO CLAIMANT August 28, 1984
joverned by the Board of Supervisors, ) The copy of th s document ma ed to you is your
muting 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: Ray Mathews
County Counsel
Attorney: Garry J. D. Hubert, Esq.
Kincaid, Gianunzio, Caudle & Hubert J U L 3 0 1984
Address: P.O. Box 1828
Oakland, CA 94604 Martinez, CA 94553
Amount: Unspecified By delivery to clerk on
Date Received: July 27, 1984 By mail, postmarked on July 26, 1984
I. FROM: Clerk of the Board ot Supervisors County ounse
Attached is a copy of the above-noted claim.
Dated: July 27, 1984 J.R. OL.SSON, Clerk, By Xzfj-� 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) .
am ■
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: - ' s• s J. R. OISSON, Clerk, By f�ty. �r y �_� . 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. 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.
( 7�) A warning of claimant's right to apply for leave to present a late claim was mailed
to claimant.
DATED: a �- J. R. OLSSON, Clerk, By Deputy Clerk
cc: County Administrator (2) County Counsel (1)
CLAIM 00021
,. ,. Contra
CLAIM OF RAY MATkiEWS AGAINST THE COSI
COUNTY OF CONTRA COSTA AND THE pECEI�EQoun¢CON ,,
ANDTRA WATERSTA CONSERVATIONOOD DIISTRICTOL rJVt/2 x'198
4
Co(jni�gamin f
. TO THE COUNTY OF CONTRA COSTA AND THE CONTRA COSTA I Strator
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT:
Ray Mathews hereby makes a claim against the above men-
tioned governmental entities for partial equitable indemnity
and makes the following statement in support of said claim:
1 . Claimant 's business is D. & M Development, P . 0. Box
51861 , Walnut Creek , California '94596 .
2 . All notices and correspondence concerning this claim
should be sent to : Garry J. D. Hubert, Esq. , Kincaid,
Gianunzio , Caudle & Hubert, P. O. Box 1828, Oakland; California
94604-0828 .
3 . The date of the occurrence giving rise to this claim
is June 20 , 1984 , the date upon which the summons and first
amended complaint in Contra Costa County Civil Action No :
248338 , entitled Gerald M. Chaine and Catherine Chaine vs .
Ray Mathews , et al . , was served on claimant . True and correct
copies of the summons and first amended complaint are attached
hereto as Exhibit "A" and by this reference incorporated here-
in.
4 . The circumstances giving rise to this claim are
stated within the first amended complaint attached hereto.
This is a claim for partial equitable indemnity under
Government Code Section 835 on the ground that said governmental
entities contributed to the damages as alleged by Gerald
Chaine and Catherine Chaine in that said damages were caused
000`'r�
x:
• r � r. ,.....G. .E.' ...._ .. x .....L-:5.. .. •..Jr..r ... ...-w...1♦ Svc
by a dangerous condition of public property under control of
said governmental entities .
5 . The amount of damages sought by Gerald Chai.ne and
Catherine Chaine , and for which claimant makes this claim are
unknown.
DATED: July 26 , 1984
KINCAID, GIANUNZIO, CAUDLE & HUBERT
Y ( �. t
Gar Huber
00025
-2-
NAME'AND ADDRESS OF ATTORNEY TELE 'Ifor v. FOR CUVnt USE ONLY,
-MARTIN, RYAN & ANDRADA - . 163-6510
One Kaiser Plaza, Suite 785
i0aklAnd, CA 94612
ATTORNEY FOR(Nano). GERALD M. CHAINS and CA`I'IH,�R INF CHAINS
Insert name of court,judicial district or branch court,if any.and Post Office and Street Address
SUPERIOR .COURT OF CALIFORNIA, COUNTY OF CONTRA COST
P. 0. Box 911, Court and Main Streets
Martinez , CA 94553
PLAINTIFF.
GERALD M. CHAINE and CATHERINE CHAINE
DEFENDANT
RAY MATHEWS, PETER MUTUD0, f,1ATIIEIg9--f1UTUD0, CONTRA C.OS`t.'r COUNTY ,
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION 'DIS`T'RICT,
and DOES 1 through 200, inclusive,
SUMMONS ON FIRST Ah11'.•NDED CASE NUfvlRlfl
COMPLAIN'." 2.48338
NOTICE! You have been sued. The court may decide iAVISO! Usted ha sido demandado. EI tribunal puede
against you without your being heard unless you respond decidir con!ra Ud. sin audiencia a rnenos que Ud, re-
within 36 days. Read the Information below. sponda dentro de 30 dins. Lea la inlormacion que sigue.
If you wish to seek the advice of an attorney in this Si Ust(.c'Wdesea solicilm el conse)o de un abogado en
matter, you should do so promptly so [hal your written elle asunto. ctr;beria haceilo innlediiitarnente, de esti
response, if any, may be filed on time. manera. su respuesta escrita, si hay alguna, puede ser
reglslrada a tiempo.
1. TO THE DEFENDANT: A civil complaint has been filed by the plaintiff against you. It you wish to defend this lawsuit,
YOU must, within 30 days after this Summons is served on you, file with this court a wrilten 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.
�pp ��qq
DATED: NOV 3 1983 Clerk. By C7• ®A&P,►..�Tt.�. Dr'puty j
(SEAL) 2.NCITICE TO THE PERSON SERVED: You are served
a. (.\ As an individual defendant.
b. [ _. ) As life person sued under the fictitious name of:
c. ton behalf Of: . Mathews-Mutulo, . erroneously sued herein as
. .Mathews-Mutudo
Under: ( ) CCP 4 16.10 (Corporation) ( __J CCP 416.60 (Minor)
CCP 416.20(Defunct Corporation) ( CCP 416 70(incompetent)
CCP 416.40 (Association or Partnership) [ CCP 416.90 (Individual)
[�Other:
d. [--
By personal delivery oil (Date):
A written response must be u, the form piescubed 6y [lie Cahlorrnj nines of Count II must Le filed in Ih,s court w-lh Ilm mower hing lee incl proof
of service of a copy on each ola,nhll's attorney and on eae.1, pla,nUll not rep+ese„led by an :dlou,ey the 1,m.- tivhen a summtn,s ,s deemed served
on a party mdm
Ina;vary depending on the method of of service For example,see CCP 413 10 tluouyh 415 SD thpl
e word "comaint .micludes cross complaipl.
"plainlrll•'includes cross•conmplainanl,"defendant"includes cross defendant Rin singulau unch;des the plural
Form Adopled by Rule 982 (See reverse for Proof of Service)
Judicial Council of Caalorn dCC
MONS
zP 41?^d t
Revised Effective January 1 1979 SU M t� 1r I��Us
I MARTIN, RYAN & ANDRADA U
A Professional Corporation I ,
2 Ordway Building, Suite 785 L`
One Kaiser Plaza
3 Oakland, CA 94612
(415) 763-6510 NOV 3 1
4
Attorneys for Plaintiffs 1• R. Ut,+,.jvvv• �•��f�nfYCler•k
5 CONTRA CtriTA COUNTY
11y
6 )CPU y
G. TAMUR
7'
8 SUPERIOR COURT . OF CALIFORNIA, COUNTY OF CONTRA COSTA
9
GERALD M. CHAINE and
10 CATHERINE CHAI14E,
11 Plaintiffs, 110. 243338
12 V. FIRST AMENDED COMPLAINT
FOR DAMAGES (Property
13 RAY MATHEWS, PETER MUTUDO, Damage and Inverse
MATHEWS-MUTUDO, CONTRA Candemnation)
14 COSTA COUNTY, CONTRA COSTA
COUNTY FLOOD CONTROL AND
15 CONSERVATION DIS`1'RICT, and
DOES 1 through 200, inclusive,
16
Defendants .
17 i
19 Plaintiffs allege:
20 FIRST CAUSE OF ACTION (Property Damage)
(Ray Mathews, Peter Mutudo, Mathews-tlutudo and Toes 1-100)
21
22 I
23 Plaintiffs are, and at the time of the damaaes herein
24 alleged were, residents of Contra Costa County and are , and were,
25 owners of a residential dwelling located at 2299 Alameda Diablo
26 in Diablo, California.
eW 011 ICES t,1'
HTIN, RYAN
ANDRADA
9U4fHNO SIMS!e] V
,f..iSri.1'lwl• Y w
0.CAlKW1NU 9.01I2
• `ice y iix�a' ;-� ,w
r R
• 2 Defendants _ were individuals , partnerships , corporations
3 or other` entities residing .in Contra Costa County who, in 1973,
4 were in the business of developing residential dwellings ,
5 including the selection and preparation of lots for residences
6 and the - construction thereon of residences .
7
8 Defendants DOES 1 through 100 , inclusive , are contractors ,
9 engineers , or oLhur persons who at all times pertinent were
10 engaged in the business of providing work, materials , or profes-
11 sional .advice with regard to the development and construction of
12 Iresidential properties . Plaintiffs ar.e ignorant of the true
r
13 names of the defendants charged herein as DOES l .thr.ough 100 ,
14 inclusive , and will seek leave of court to amend when such names
15 become known.
16 1 IV
17 Each of the defendants was the agent , servant , employee ,
18 of each of the other defendants and in doing the things herein
.19 alleged was acting within the course and scope of such agency,
20 servitude , or employment.
21 V
22 Defendants and each of them developed and constructed
23 residential property and a residence described as 2299 Alameda
24 Diablo in Diablo, California , beginning the construction in 1973
25 and not completing it until sometime in 1974 .
26
,V„ML«51,f
.RTIN. RYAN
ANDRADA
1>.atrw cvIN-"1111 —2-
-DIM U.-I
—
DIMU.-I HIPff as n n
iK�srnP .:, 00028
U.GALIFOMM41A 94012
.,�x 1.141..n as'o
` • I VI
2 In February of 1983 , because of defects in the under-
3 lying real property and structure developed and. produced by
4 defendants , and each of them, the residence at 2299 Alameda
5 Diablo, Diablo, California, collapsed. Each of the defendants is
6 liable for the damage to the residence , the defendants MATHEWS,
7 IMUTUDO and MATHEWS-MUTUDO being strictly liable as producers of
8 residential dwellings, and all of the defendants , MATIIEWS, MUTUDO,
9 MATHEWS-MUTUDO and DOES 1 through 100 , inclusive, by virtue of
10 negligence in the design or performance of the work or improvement
11 The damages suffered by plaintiffs are in excess of the minimum
12 jurisdictional limit of the Superior Court.
r
13
SECOND CAUSE OF AC'T'ION (Inverse Condemnation)
14 —
(Contra Costa County , Contra Costa County
15 Flood Control. and Water Conservation
District, Does 101-200)
16
17 VII
18 Plaintiffs reallege and, incorporate herein by reference
19 each of the allegations contained in paragraphs I and IV of the
i
20 First Cause of. Action herein .
21 VIII
22Defendants, CONTRA COSTA COUNTY , CONTRA COSTA COUNTY
23 FLOOD CONTROL AND WATER CONSERVATION DISTRICT and DOES 101 through
24 200 , inclusive , are public entities as defined by the California
25 Government Code. Plaintiffs are not required to file a claim
26 pursuant to Government Code 5905 . 1 to maintain an action for
w lfflcrs x
-3-
AIM. V;YAN
ANDRADA
svireu fONfl7.l V•, An
u.n1 aNa s Jnr res 0 0 0 2 9
.• i 5(N 1•I..IA aJ
.CnLlf OMNIA V.f11I
OW 0.11 16.111110
I the taking of, or damage to , private property.
2 IX
3 Defendants CONTRA COSTA COUNTY, CONTRA COSTA COUNTY
4 FLOOD CONTROL AND WATER CONSERVATION DISTRICT and DOES 101 through
5 . 20.0, inclusive, own, control, manage or utilize a drainage channel
61 below the residence at 2299 Alameda Diablo, Diablo, California, in
7 . 1 such a manner as to undermine the slope of said property causing
8 the residence thereon to collapse. Plaintiffs are ignorant of
9 the true names of the defendants charged herein as DOLS 101 through
10 200, inclusive, and will seek leave of court to amend when such ,
11 names become known.
12 X
13 In February of 1983 , because of the withdrawal of
14 lateral support caused by the drainage channel. undermining the
IS1 slope of the .property, the residence at 2299 Alameda Diablo,
16 Diablo, California, collapsed. Each of the defendants is liable
17 for the damage to. the residence, their having taken an interest
18 ' in plaintiffs ' property without just compensation. The damages
'i
19 suffered by plaintiffs are in excess of the minimum jurisdictional A.
20 limit of the Superior Court.
21 WIILRLFORE, plaintiffs pray for judgment against defen-
22 dants, and each of them, as follows :
23 First Cause of Action
24 1 . Damages according to proof ;
25 2 . Costs;
26 3. Such other relief as the court deems proper;
.W(11 FCES 111
•RTIN• RYAN _
ANDRADA -
1 SWIM "O
CIMIK)( (�
el.aulN) s1MIL,ns 0 0 0 3 0
i1 w..i9Eti rl n7• .
CAL1V0FJN1A 94.11 '
t'l%�11111 N111•.p
• " 1 Second Cause of ?action
6.-90�1 2 1. Damages according to proof;
3 2 . Costs and attorneys ' fees;
4 3. Interest from the date of. loss :
5 4 . Such other relief as the court deems proper.
6
.7 DATED: November 1, 1983.
8
9 14ARTIM, RYAN & ANDRADA
A Professional Corporation
10
11
EY
12 JOSEPH D. RYAN
13
14
15
16
17
18
19
20
21
22
23
24
25
26
—j—
iiTIN, RYAN
ANORAOA
I mnw C,wv•lo•,
eulotia Su.1E+es 0003
1
J.GAIIFORMA 94617
1yK 141...
' CIA124
BOARD OF SQPEEMSORS OF CONTRA COSTA COURNr CAL11"WIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT August 28, 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. 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: Warren Lee and Norah Lee
Attorney: Roger S. Ruffin vG BGG
Ruffin & Rotwein �.
Address: 100 Bush St. , Suite 1900 Gcor to o
San Francisco, CA 94104
Amount: $500,000.00 By delivery to clerk on q l0UV_ Ow
Date Received: July 23, 1984 By mail, postmarked on postmark not le ,ible
I. FRCM: Clerk of the Board ot Supervisors County Counsel
Attached is a copy of the above-noted claim.
Dated: July 23, 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.
j 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 (Secticn 911.3) .
( )
Other:
Dated: M21 - By: Deputy County Counsel
r
III. FROM: Clerk of the Board TO: (1) County / sel, (2) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3) .
IV. BOARD 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: -� 8 - 8 J. R. OLSSON, 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. 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) 00032
CLAIM
' In the Matter of the Claim of ) RECEIVED !
11
WARREN LEE and NORAH LEE
against the County of Contra Costa, ) J, R.
State of California. )
CIER r eG, G vtkvf,5C1R5
COrv;�,,S05)A CO.
TO: COUNTY OF CONTRA COSTA, CALIFORNIA:
The undersigned claimants hereby make claim against the
State of California in the sum of $500,000 and in support of said
claim represent as follows :
1 . The damage and injury occurred on April 12, 1984, at
2353 hours .
2 . The damage and injury occurred on Hoffman Boulevard
(Highway 17 ) approximately 250 feet west of South 37th Street in
the City of Richmond, County of Contra Costa, California.
3. The damage and injury occurred as follows: the children
of the claimants, Patrick Andrew Lee and Jenifer Allison Lee were
killed in an automobile accident, proximately caused in whole or
in part by reason of a dangerous and defective condition of State
Highway 17 at the time and place indicated above.
4 . The particular act or omission on the part of state
officers, servants or employees causing the injury and damage
consisted in negligently designing, maintaining and repairing
said highway at the place indicated.
5. The names of the state officers, servants or employees
causing the damage and injury are unknown to claimants at this
time.
6. The damages and injuries which claimants have suffered
00033
,-consist of the wrongful death of their children, named above,
together with the attendant medical hospital expenses which were
provided in an attempt to save their lives, and funeral expenses.
7. The amount claimed above is computed as follows:
approximately $495, 000 in general damages and approximately
$5,000 in special damages for medical , hospital and funeral
expenses .
8. The names and addresses of witnesses include the
following: Richard Keith Yoder , 4495-A No. Colpien, Tulare,
California; Marian Arsinoos, #4 Elaine Way #2, San Rafael,
California; other witnesses include those listed in Richmond
California Police Investigation Report #J84-442 .
9. Hospital and medical expenses are those of Brookside
Hospital, 2000 Vale Road, San Pablo, California .
SEND NOTICES TO: 1
ROGER S. RUFFIN
RUFFIN & ROTWEIN 'OGS. RUFFI
100 Bush Street, Suite 1900 Att ney for laimants
San Francisco, California 94104 WARREN LEE AND NORAH LEE
Telephone: (415 ) 397-0860
00034
r •
C:IAT11FICATE OF i-'.:%ILIN4G_ (C.C.P. 10133 (1 );_2015. 5)
2 The undersigned , at San Francisco, California, certifies to
3 be true, under penalty of perjury: that I am not a party to the
4 within action; business address is 100 Bush Street, Suite 1900
5 San. Francisco, California 94104 and am over 18 years of age.
6 I executed this certificate and served a true copy of the
7 foregoing document by mail by placing same in an envelope,
8 sealing said envelope, fully prepaying postage thereon and
9 depositing the same in D.S. Mail at San Francisco California on
10 this 20th day of July , 1984 said envelope
11 was addressed as follows:
12
13 Clerk
Board of Supervisors
14 Contra Costa County
651 Pine Street
15 P.O. Box 911
Martinez, California 94533
16
17
18
19
20
Ren a Fyfe
21
22
23
24
25
26
27
28
00035
CLAIM
BOARD OF SUPERVISORS OF COMRA COSTA OOUNPY, CALIFORNIA
BOARD ACTION
Claim Against the Canty, or District ) NOTICE ZO CLAIMANT August 28, 1984
• governed by the Board of Supervisors, ) The copy of this document' mailed to you is your
rccx,cl,ty r.�Lr..visements, 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
.1aimant: Patricia Filice Ut15e�
County Co
Attorney: Dale Minami 11 c] Q 1984
Minami & Lew Jul" J
Address: 300 Montgomery St. , Suite 1000 via County Counsel a���et•CA 94553
San Francisco, CA 94104 M
Amount: Over $200,000.00 By delivery to clerk On July 27, 1984
Date Received: July 27, 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: July 27, 1984 J.R. OLSSON, Clerk, By etc-,.�. �x�e� Deputy
of e wards
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: 4 04 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 ORDER By unanimous vote of Supervisors present
( X) This claim is rejected in full.
( ) Other:
I .certi.fy that this is a true and correct copy of the Board's Order entered in its
minutes for this date.
Dated: > J. R. OLSSON, Clerk, By Deputy Clerk
WAFNING (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: I - 8 J. R. OLSSON, Clerk, By Deputy Clerk
cc: County Administrator (2) County Counsel (1) 00036
CLAIM
_ CL.FNi. - 2-75
CLAIM AGAINST THE
V =. = COUNTY OF CONTRA COSTA L
�Ut t�J - m -t Code Sections 910 to 911.2 require ✓�� yC"&,
that all claims must be presen
CIVIL Sppmtr-ollbr- within 100 days f rot of � dn� �l 19
CLAIMANT' S NAME: PATRICIA FILICE
..a� 1`184
ANIOUNT OF CLAIM: $ nupr $200.000.00 J. R. OLSSON
�T� CLERK BOARD OF SUPERVISORS
CONT�p, COSTA O.
CLAIMANT' S ADDRESS: 6351 Swainland Dr. a .. -f.-.esu.--__ -.-
•--
Oakland CA 94611
Phone 653-3667
ADDRESS TO WT11CH NOTICES ARE TO. BE SENT:
DALE MINAMI , MINAMI & LEW, 300 Montgomery St. Suite 1000 S .F. 94104
DATE OF INCIDENT:: May 9, 1984
LOCATION OF INCIDENT: Contra Costa County
HOW DID INCIDENT OCCUR- I was demoted without notice or the opportunity
to be heard . I was the subject of intentional infliction of emotional
distress , tortious breach of contract, tortious breach of the covenant
of good faith and fair dealing in violation of my statutory, contract
and constitutional rights .
DESCRIBE INJURY OR DAMAGE: I lost over $600 per month in salary and I
suffered emotional and mental distress .
NAME OF PUBLIC EMPLOYEE OR EMPLOYEES CAUSING INJURY OR DADIAGE, IF KNOWN:
unknown
ITEMIZATION OF CLAIM: (List items totaling amount set forth above. )
Wage loss $ unknown
Emotional and mental distress $ unknown
$
$
TOTAL $ unknown
Signed by or on behalf of claimant : s `;_
NOTE: CLAIM FORM MUST BE FILED IN DUPLICATE.
BOTH COPIES MUST BE SIGNED.
•
00037
4 7^
1
1 PROOF OF SERVICE j
2 I declare that:
I
3 I am employed in the County of San Francisco ,
4 California. I am over the age of eighteen years and not -a i
5 I party to the within action; my business address is 300
6 Montgomery Street, Suite 1000 , San Francisco, California 94104-
7 1987 . i
8 On July 24 , 1984 I served the within Claim Against i
I
9 the Countv of Contra Costa
i
10 I on the below-named in said action, by placing a true copy
11 thereof enclosed in a sealed envelope with postage fully
i
12 prepaid , in the United States mail at San Francisco,
13 I California, addressed as follows:
14 I Office of County Counsel
Contra Costa County
15 651 Pine St .
Martinez , CA 94553
16
Harry Cisterman
17 Director of Personnel
651 Pine St.
18 Martinez , CA 94553
19
20
21
i
22 I declare under penalty of perjury that the foregoing is
23 true and correct, and that this declaration was executed on
24 July 24 , 1984 at San Francisco, California.
25
26v
27
28
00038
CLAIM
BOARD OF SUPERVISORS OF CORIRA C06`rA CO RrY, CALIF MM
BOARD ACTION
Claim Against the County,, or District ) I,1WICE Tp CLAIMANT August 28, 1984
n
governed 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. 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' b
Claimant: Charles Lynden Foster ul�ry C,,,,,,,
3422 Heather Road JUL
Attorney: Antioch, CA 94509 2 3 1984
Address: Martinez, CA 94553
Amount: $240.00 By delivery to clerk on
Date Received: July 23, 1984 By mail, postmarked on July 20, 1984 -
I. FBCM: Clerk of the Board ot Supervisors County Counsel
Attached is a copy of the above-noted claim.
Dated: July 23, 1984 J.R. OLSSON, Clerk, By 0Deputy
-(/Jolene Edwards
II. FROM: County Counsel 70: Clerk of the Board of Supervisors
(Check only one)
( ) This claim complies substantially with Sections 910 and 910.2.
(An 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 grand 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) Canty 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: - -.?�L- J. R. OLSSON, Clerk, By Deputy Clerk
WAINM (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. FRCM: 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: Sl- . •F- 8 J. R. OLSSON, Clerk, By y� -� , Deputy Clerk
cc: County Administrator (2) County Counsel (1) O
3,94-
CLAIM
ol
,Kai
u
54,2 4/SZ)q T ED
30 mow�
00040
• CLAIM
BOARD OF SUPERVISORS OF CWMA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT August 28, 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. All Section references are ) Board of Supervisors (Paragraph below) ,
to California Government Codes ) given pursuant to Government Code 913
and 915.4. Please note all aw"egs . 0
4gs 31
Claimant: Gallagher & Burk, Inc. '?
Attorney: Justin D. James Ma��nej C 3 19841y O'Connell and Lamborn 9455
Address: 12th Floor, 550 California St. `�
P.O. Box 3731
Amount: San Francisco, CA 94119 By delivery to clerk on
Unspecified _
Date Received: July 23, 1984 By mall, postmarked on July 17, 1984
I. FROM: Clerk of the Board ot Supervisors County Counsel
Attached is a copy of the above-noted claim.
Dated: July 23, 1984 J.R. OLSSON, Clerk, By Deputy
Jolene Edwards
II. FROM: County Counsel M: 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: 44 By: ' Deputy County Counsel
III. FROM: Clerk of the Board M: (1) Count Counsel, (2) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3) .
IV. BOARD ORDER 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 J. R. OESSON, Clerk, By E �e`/ ��a , Deputy Clerk
W MUM (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: E c/ J. R. OISSON, Clerk, ByDeputy Clerk
cc: County Administrator (2) County Counsel (1)
00041 O1
CLAIM
1 JUSTIN D. JAMES
O'CONNELL & LAMBORN
2 ATTORNEYS AT LAW a.BZo
550 California Street , 12th Floor
3 P.O. Box 3731 RECEIVED
San Francisco, CA 94119-3731
4J�IL� J9CQ4
Telephone : ( 415 ) 954-0882 J. OLSN
5 CLERK BOARD OF SUrERVISOMS
O A COSTA O.
Attorneys for Claimant , By De'
uty
6 GALLAGHER & BURK, INC. _Z
7
In the Matter of the Claim of
8
MARYLAND CASUALTY COMPANY,
9
vs . CLAIM FOR DAMAGES AGAINST PUBLIC
10 ENTITY
CONTRA COSTA COUNTY,
11 et al .
12
13
TO THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY:
14
15 1 . Name of Claimant : Gallagher & Burk , Inc .
16 2 . Address of Claimant : P.O. Box 7227
17 Oakland, CA 94601
18 3 . Addresses to which notices and correpondence are to
be sent:
19
O'CONNELL & LAMBORN '
20
P.O. Box 3731
21
San Francisco, CA 94119-3731
22
(415 ) 954-0882
23
24 4 . General description of indebtedness or obligation
�5 giving rise to this claim: On or about June 15, 1984 , claimant
26 Gallagher & Burk, Inc. , was served with a Summons and Complaint
�7 in the underlying lawsuit entitled Maryland Casualty Company vs.
28 Contra Costa County, et al . , Contra Costa Superior Court Action
Number : 259635 . Briefly, in the underlying action plaintiff
22.38.2 2_71 00042
l
I
i Maryland Casualty Company, the insurer for Merle Hall
2 Investments , claims it was forced to pay for property damage
3 suffered by its insured as a result of flooding which occurred on
4 or about September 30 , 1983, at and about the premises located at
5 2925 Monument Boulevard, Concord, California .
6 The Complaint filed by Maryland Casualty Company contains causes
7 of actions sounding in negligence, a claim for dangerous
8 condition of public property, inverse condemnation, nuisance and
9 trespass .
10 Claimant Gallagher & Burk , Inc. , has been named as a defendant in
11 the Maryland Casualty Company law suit . This claimant asserts
12 that, if plaintiff Maryland Casualty sustained any damages, such
13 damages were caused solely by the negligence or other legal fault
14 of persons and/or entities other than this claimant . Claimant
15 asserts that this public entity is responsible for the damages
16 claimed by Maryland Casualty because Contra Costa County and/or
17 the City of Concord and/or the Bay Area Rapid Transit District
18 was the actual and legal cause of the damage sustained by
19 Maryland Casualty Company and/or its insured, Merle Hall
20 Investment Company. This claimant is also informed and therefore
21 alleges that there may be further claims filed by persons and/or
22 entities who contend that they suffer damage as a result of the
�3 flooding of September 30, 1983 .
24 5 . Name (s ) of public employee (s ) causing flooding:
�5 Not presently known.
26 6 . Amount claimed as of the date of the presentation
�7 of this claim: Exact amount unknown at this time; claimant will
28 seek total equitable indemnity or partial indemnity allocated as
22-38-2 2-71
00043
1 to comparative fau t .
2 Date: 07 11 164
3 O'CONN L LAM ORN
4
JUSTIN D. JAMES
5 Attorneys for Defendant ,
GALLAGHER & BURK, INC.
6
7
8i
9
10
11
12
13
14
15
16
i7
18
19
20
21
22
23
24
25
26
27
28
00044
22-38-2 2-71
CLAIM
BOARD OF SQPE VISORS OF 03RMA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County,, or District ) NOTICE TO CLAIMANT August 28, 1984
governed by the Board of Supervisors, ) The copy of th s docwment 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: Barbara and Roy Halleybone County Counsel
Attorney: Bruce E. Krell, Esq. J U L 3 0 1984
345 Grove Street
Address: San Francisco, CA 94102 Martinez, CA 94553
Amount: $2,510,000.00 By delivery to clerk on
Date Received: July 25, 1984 By mail, postmarked on July 25, 1984 _
I. FROM: Clerk of the Board ot Supervisors County Counsel
Attached is a copy of the above-noted claim.
Dated: July 25, 1984 J.R. OISSON, 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: — By: Deputy County Counsel
III. FROM: Clerk of the Board TO: (1) Canty cGsel, (2) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3) .
IV. BOARD ORDEEt 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. /D
Dated: ' - J. R. OLSSON, Clerk, By �. _., , Deputy Clerk
-pillMING (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) Canty 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) 00045 0045
CLAIM
' CLAIM AGi 1NS ' THE
- COUNTY OF CONTRA COSTA RECEIVED
CLERK�OAiiO SSU'BRM ISORS
ONrRA oSTA C
Ci.AIIA,A`�V S NAME: Barbara and Roy Halleybone 9y auty
AMOUNT OF CLAIM: $ 2 .510 ,000. 00
CLAIMp,`:T' S ADDRESS: c/o 345 Grove Street
San Francisco, CA Phone 861-4414
ADDRESS TO WHICH NOTICES ARE TO BE SENT:
Same as above
DATE OF ACCIDENT: June 14 , 1984
LOCATION OF ACCIDENT: 140 Shale Cliff Court, Clayton, Contra Costa County,
California
HOW DID ACCIDENT OCCUR: Single motor vehicle accident
DESCRIBE INJURY OR DAMAGE.: Death of daughter
NAME OF PUBLIC EMPLOYEE OR EMPLOYEES CAUSING INJURY OR DAMAGE, IF LNOWN:
ITEMIZATION OF CLAIM: (List items totaling amount set forth above. )
General Damages $ 2 ,500 , 000. 00
Special Damages $ 10,000. 00
$
$
TOT $ 2 00. 00
Signed by or on behalf of claimant : LA
E.
NOTE: CLAIM FORM MUST BE FILED IN DUPLICATE.
BOTH COPIES MUST BE SIGNED.
00046
CLAIM
' pA' OF SQPEWISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
('taim Against the County, or District ) NOTICE TO CLAIMANT August 28, 1984
_ -)verned by the Board of Supervisors, ) The copy of this document mailed to you is your
i ,uting Endorsements, and Board ) notice of the action taken on your Clain oy uie
Action. All Section references are ) Board of Supervisors (Paragraph IV, below) ,,
to California Goverment Codes ) given pursuant to Government Code Section 913
and 915.4. Please note all "W%WWounset
Claimant: Independent Construction Company
Attorney: William W. Schofield J U L 3 0 1984
Crosby, Heafey, Roach & MayCA 94553
Address: 1939 Harrison Street Martinez,
Oakland,. CA 94612 Via County Counsel
Amount: Unspecified By delivery to clerk on July 25, 1984
Date Received: July 25, 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: July 25, 1984 J.R. OLSSON, Clerk, By Deputy
Jolene Edwards
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(Check only one)
(X ) 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. FRCM: Clerk of the Board TO: (1) County ounsel, (2) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3) .
IV. BOARD ORDIIt 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: 5 b J. R. OLSSON, Clerk, By tee_y�-� �' f_-�� , Deputy 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: �y
: ,,- , - :�V- J. R. OLSSON, Clerk, By ,�/ �:��..� ,- �- , Deputy Clerk
cc: County Administrator (2) County Counsel (1) CrV047
CLAIM
..r
County Counsel
. - J U L 2 5 1984
1 William W. Schofield
Shelley M. Tarnoff Martinet, CA 94553
2 CROSBY, HEAFEY, ROACH & MAY
Professional Corporation
3 1939 Harrison Street
Oakland, CA 94612
4 (415) 834-4820 =
5 Attorneys for Claimant
Independent Construction Company LRECEIVED
6
L-?s 1984. OLSSONRD OF SUPERVISORS
0IA STA C8 Deputy
o 9
co
O
f
CD 10 In the Matter of the Claim of
W
2
Q n
11 JUANITA BARTELS, CLAIM AGAINST PUBLIC
ENTITY
m o F 12 vs .
= H h
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< a "a 13 STANDARD PACIFIC CORPORATION,
o
a et al. ,
U " 14
J d
W < 2
< oY 15
W <
10
C
> o t 16 TO: THE COUNTY OF CONTRA COSTA:
M S W
a
O ; 17
U =
° 18
Independent Construction Company hereby makes claim
= 19 against The County of Contra Costa for indemnification for any
m
20 sums claimed by plaintiff Juanita Bartels filed in the Superior
21 Court of California, in and for the County of Contra Costa,
22 Civil Action No. 247853 .
23
24 1. Claimant' s post office address is 740 Julieanne
25 Way, Oakland, California 94577.
26
00048
1 2. Notices concerning the claim should be sent to
2 Independent Construction Company, c/o Crosby, Heafey, Roach &
3 May Professional Corporation, Attention: William W. Schofield,
4 1939 Harrison Street, Oakland, California 94612 . =
5
6 3. The date and place of the action giving rise
7 to this claim is the first amended complaint filed and served
8 on April 23 , 1984 on defendant Independent Construction Company.
9 (A copy is attached hereto. )
CD 10
W
2
W11 4. The facts of the underlying complaint involve a
0 o� 12 landslide occurring on March 3, 1983 on the property at 39 Archery
= F n
m
U a® 13 Court in E1 Sobrante.
Ir O U
> 14
J G
W < Z
a o g 15 5 . The circumstances giving rise to this claim are
W m
I W O
mU.
L 16 as follows: improper design, maintenance, installation, and
N 4 ¢ 17
M supervision of the drainage facilities in the vicinity of Archery
U Z
° 18
a Court, City of Richmond.
19
A
20 6. Claimant's injuries are a right to indemnification
21 for any damages asserted by the plaintiff above-named.
22
23 7. The names of the public employees causing the
24 claimant' s injuries are unknown.
25
26
2
00049
• 3
1 8. The claim as of the date of this claim is an amount
2 to be ascertained in the civil action.
3
4 9. The basis of the computation of the above amount
5 is based upon a right to indemnification for the items as specifie
6 above.
7
8 Dated: July 23, 1984.
0
N
CD U* 49k
10 By �
OD
z William W. Schofield
a d 11 Attorneys for Claimant
W Independent Construction
ciso 12 Company
f N
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a 0 u
14
d
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LL a o Y 15
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I 0
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M W
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<
= 19
m
20
21
-22
23
24
25
26
3
00050
'1 1 NAPHAN & GLASSFOrD
Attorneys at Law d,,,`� � S�P
2 169 - 34th Street '
ky
P . A. Box 1917 n
3 Oakland , CA 94604-1917 L D
Telephone (415) 893-2265
5 Attorneys for Plaintiff �,Co T- ;��
1
7
8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA <<
9 IN AND FOR THE COUNTY OF CONTRA COSTA
10
11 JUANITA BARTELS ,
No . 247853
12 Plaintiff , '
FIRST AMENDED COMPLAINT FOR
13 vs . DAMAGES , STRICT LIABILITY IN
TORT, PROFESSIONAL NEGLIGENCE,
14 STANDARD PACIFIC-NORTHERN NUISANCE , TRESPASS , AND INVERSE
CALIFORNIA, et al . , CONDEMNATIOti
15
Defendants .
16
17 COMES NOW the Plaintiff, JUANITA BARTELS, and complains of
18 the Defendants above named , and each of them, and for her First I
19 Cause of Action alleges as follows :
20 STRICT LIABILITY IN TORT, (PRIVATE ENTITIES ONLY)
21 1 . That the Defendants sued herein as BLACK AND WRITE COM-
22 PANT , A CORPORATION , RFP AND GREEN COMPANY , A CORPORATION , BLUE
23 AND YELLOW COMPANY , A CORPORATION , and ORANGE AND BROWN COMPANY ,
24 A CORPORATION, and the Defendant DOES ONE through THREE HUNDRED,
25 are at this time unknown to Plaintiff and therefore Plaintiff
26 sues said fictitious Defendants by said fictitious names and
PHAN GLASSFORD 00051-O O
ATtO\Nf11f wt&.&%%Ief.I.TN STRgUr
OARIAND CA faf!J
R.!►NON!M !!ff
1 prays leave to amend this , her coaplaint , to allege the truc
2 nam of said Defendants when the sere have been ascertained .
3 11 . That at eIl times herein rentioned , Defendant . SIANDAPD
4 PACIFIC CORPORATION, SOILS FOUNDA7ION SYSTEM, INC. , 1KDEPENDENI
S CONSTRUCTION COMPANY , BLACK AND WHITE CPMPANY , RED AND GREEK
6 COMPANY , BLUE AND YELLOW COMPANY , and ORANGE AND BROWN CO2'PANl, ,
7 were and now are , corporations duly organized and existing under
8 and by virtue of law and statute ; that at all times herein Zen-
9 tioned , Defendant , CITY OF RICHMOND, and COUNTY OF CONTRA COSTA,
10 Were and now are , public entities duly organized and existing
11 under and by virtue of lav and statute.
12 III . Thatat all times herein mentioned , Defendant , DOES ONE
13 through TWENTY were the agents, servants and employees of
14 Defendant , STANDARD PACIFIC CORPORA7I0E , A CALIFORNIA CORPORATION
13 and that at all times herein mentioned , were acting within the
16 course and scope of their said agency and employment ; that at
17 all times herein mentioned , Defendant DOES TWENTY-ONE through
18 FORTY were the agents , servants and erployees of Defendant , SOILS'
19 FOUNDATION SYSTEM: , INC . , A CALIFORNIA CORPORATION , and at all
20 times herein mentioned were acting within the course of their
21 said agency and employment ; that at all times herein mentioned ,
22 Defendant , DOES SIXTY-ONE through EIGHTY were the agents , ser-
23 vants and employees of Defendant , INDEPENDENT CONSTRUCTION COY.-
24 PANY, A CALIFORNIA CORPORATION, and that at all times herein
25 mentioned were acting within the course and scope of their said
26 agency and employment ; that at all times herein mentioned Defen-
00052
*HAN GLASSFMD
&"D&%9.&at♦am
rN•Wt.s*wtn
Ora•arC V Na+f
!t.ar.rerr as a.a.0
I dant DOES EIGHTY-ONE through ONE HUNDRED were the agerte, ser-
, 2 vants and evpio-re : c•j Defendant , CITY OF RICHMOND, A FIBLIC
3 LN7ITY , and at all times herein mentioned , were actirg within
4 the course and scope of their said agency and a,&ployeent ; that
-
5 at all times herein mentioned , Defendant ONE HUNDRED ONE thrPug.h
6
ONE HUNDRED TWENTY , were the agents , servants and employees of
7 Defendant COUNTY OF CONTRA COSTA, A PUBLIC ENTITY , and that at
6 all times herein mentioned, were acting, within the course and
9 scope of their said agency and employment ; that at all titres
10 herein mentioned Defendant DOES ONE HUNDRED TWENTY-OKE through
11 ONE HUNDRED FORTY were the agents , servants and employees of
12 Defendant BLACK AND WHITE COY.PAKY , A COP.PORA710T , ane at all
13 times herein mentioned were acting. within the course and scope
14 of their said agency and employment ; that at all times herein
15 mentioned , Defendant DOES ONE HUNDRED FORTY-ONE through ONE
16 HUNDRED SIXTY were the agents, servants and employees of Defen-
17 dant , RED AND GREEN COMPANY , A CORPORATION , and that at all tize
18 mentioned were acting within the course and scope of their saie
19 agency and employment ; that at all times herein mentioned , Defen
20 dant DOES ONE HUNDRED SIXTY-ONE through ONE HUNDRED EIGHTY were
21 the agents , servants and employees of Defendant , BLUE AND YELLOW
22 COMPANY , A CORPORATION, and that at all times herein mentioned ,
23 were acting within the course and scope of their said agency and
24 employment ; that at all times ,herein mentioned, Defendant DOES
25 ONE HUNDRED EIGHTY-ONE through TWO HUNDRED were the agents, ser-
26 vants and employees of ORANGE AND BROWN COMPANY. A CORPORATION ,
00053
>HAN�GLASSiO[D
see $a?.AT&&"
*.R&AWa CA 0001/
• I and that at all times herein tentioned were acting within the
2 course and scope of their said agency and eaployeent ; that at
3 all times herein mentioned , each of the !lefendants herein raved
4 was the afent , servant and employee of each of the other Tefen-
S dants herein maned , and was acting within the course and scope
6 of their said agency and employment ; that at all tines .herein
7 mentioned each of the defendants herein named was the partner
8 and joint-venturer of each of the other of the defendants herein
9 reamed , and that at all times herein mentioned were acting within
10 the course and scope of their said partnership and joint venture
11 IV . That on or about the 16th day of MaTch , 19£3 , Plaintiff
12 JUANITA BARTELS , filed through her attorneys , NAPEAN 6 CLASSFORD
13 and in compliance with the claim statute E900 et seq . of the
14 Government Code of the State of California , caused to be pre-
23 sented her claim against the public entity, said presentment
16 being made upon the CITY OF RICHMOND and the COUNTY OF CONTRA
17 COSTA : more than forty five days have elapsed from the date of
18 the presentment of the claim against a public entity, and there-
19 fore , the claim is deemed denied pursuant to law and statute .
20 V . That at all times herein mentioned , Plaintiff , JUAEITA
21 BARTELS , was the owner and occupier of that certain parcel of
22 land more commonly known at 39 Archery Court in the City of
23 E1 Sobrante, County of Contra Costa , State of California .
24 V1 . That at all times herein mentioned , Defendants , STAN-
25 DARD PACIFIC CORPORATION, A CORPORATION, THE CITY OF RICHMOND,
26 A PUBLIC ENTITY, COUNTY OF CONTRA COSTA, A PUBLIC ENTITY ,
00054
►MAA 6 GLASSFORD
&nMAt.IS N&a.
met.so?«61ma"
N\arbC 4 0&6:2
1 and BLACK AND WHITE COMPANY, A CORPORATION, were the owners, occupiers, and
2 developers of that certain land adjacent to the land vurned and occupied by the '
3 Plaintiff, JUA.NITA BARTELS, hereinafter described; that the land owned and
4 occupied by said Defendants, and each of them, is more fully described as that
5 certain development more commonly known as STANDARD PACIFIC HOUSING DEVELOP.
6 that at all times herein mentioned, said property had been developed as a site
7 for numerous single-family and multiple-family residents for retail where
8 all of the public utilities and streets had been developed, installed and
9 completed for preparation for sale to the public 'in conjunction with the
10 construction of public open areas and parks;.fthat
�at all times herein mentioned,
11 many of the individual sites had been sold to the members of the public; and
12 at all times herein mentioned many of the sites or single-family and multiple-
13 family residents had been built upon with construction of the improvements
14 completed ; that at all times herein mentioned many of the sites
15 with the improvements completed had been sold to members of
16 the public , including those lots directly above and including
17 the land defectively be designed and manufactured as hereinafter
18 alleged .
19 VII . That at all times herein mentioned , Defendants , SOILS
20 FOUNDATION SYSTEM, INC. A CORPORATION, K. C. SOGN, INDEPENDENT
21 CONSTRUCTION COMPANY , A CORPORATION, BLANK AND WHITE COMPANY , A
22 CORPORATION , RED AND GREEN COMPANY, A CORPORATION , BLUE AND
23 YELLOW COMPANY, A CORPORATION, ORANGE AND BROWN COMPANY ,- A
24 CORPORATION, and Defendant DOES ONE through TWO HUNDRED, were pro-
25 fessional architect , professional engineers, and licensed con-
26
PHAN•GLASSFoeD 00055
ATTORNE T{AT LAM
If*-14TN*Tog FT
OARIANO CA 94611
T[&t►MONt 097.2245 5 —
1 struction contractors, licensed sub-contractors in all of the
2 fields of construction work ; said Defendants , and each of there
3 held themselves out to the public as being fully qualifiee and
4 duly licensed to practice their professional and business
S calling in the State of California ; at all titres herein ven-
6 tioned , said Defendants , and each of them, individually and
7 collectively, held themselves out to possess that degree of
6 learning, skills, education and ability , common to practitioners
9 in their profession and field of business calling in their
10 community where they engaged in the practice of their profes::ion
11 ane bjsiness calling.
12 Vill . That at all times herein mentioned , a dangerous ,
13 hazardous and defective condition existed on the premises herein
14 above described and referred to as the STANDARD PACIFIC HOUSING
15 DEVELOPMENT; said dangerous , hazardous and defective condition
16 consisted of landfill , earth, mud , water, and debris , exca-
17 vations, landcuts , and drainage systetrs , cater pipes, and
18 other structures for the purpose of channeling water , together
19 with the subterranian supporting structures; such dangerous ,
20 hazardous and defective conditions as herein enumerated cotr-
21 biped in such a manner so as to create an unreasonable risk
22 of harm through earth movement , earth-sliding, water drainage ,
23 and other sliding and movement of debris so as to threaten end
24 endanger the adjacent property owned by the Plaintiff , JUA:ZITA
25 BARTELS , as hereinabove described .
26
_00056
APHA% GLOMFOtL
dk"De At♦a N tar
else .%allw 899K 91
"A6A"t C.boo,#
I IX . That on or before the third day of March, 19E3 , Defen-
2 dant , STANDARD PACIFIC CORPORATION , A CALIFORNIA CORPORATION ,
3 acting by ar,d through its agents , servants and employees , 507LS
4 FOUNDATION SYSTEM,, INC. , A CALIFOFNIA CORPORATION , acting by
5 and through their agents , servants and euployees , K . C. SOD Y,
6 individually , INDEPENDENT CONSTRUCTION COMPANY , A CALIFORNIA
7 COR}ORATION, acting by and through its agents , servants and
8 employees, BLACK AND WHITE COMPANY, A CORPORATION , acting by
9 and through its agents, servants and employees , RED AND CR F.EIs'
10 COMPANY , A CORPORATION, acting by and through its agents , ser-
11 vants and employees , ORANGE AND BROWN COMPANY , A CORPORATION ,
12 acting by and through its agents , servants and employees , and
13 defendant DOES ONE through THREE HUNDRED, developed , designed ,
14 constructed , created , and permitted to exist , a dangerous ,
15 defective and hazardous condition, as hereinabove described ,. on
16 the premises more commonly known as the STANDARD PACIFIC HOUSING
17 DEVELOPMENT , as hereinabove described ; that on or about the
18 3rd day of March , 1983 , as a direct and proximate result of the
19 defective , dangerous , and hazardous condition existing on the
20 premises more commonly known as the STANDARD TACIFIC IFOU£ING
21 DFCELOT"MENT, great quantities of earth , mud , water and dehriF
22 moved and slid from the premises more commonly known as the
23 STANDARD PACIFIC HOUSING DEVELOPMENT onto the property owned ane
24 occupied by the Plaintiff herein , .and damaged the property of th
25 Plaintiff as more fully described below.
26
0005'
PHAN&GiASSFORD
&"Do"[1••1♦60
/N•$&%.Gr+[e,
Muuftt t•w [
A4.110M0u1 4"1.3168
1 R • That as a direct and proxi¢ate result of the defective ,
2 dangerous, hazardous conditior. on the prei~ises here inabovt
3 described and the sliding and zovetrent of the earth , sud , water
4 and debris fror these preXises onto the premises of the Plaintiff .
S the Plaintiff has been den-aged as follows :
6 (a) The Plaintiff ' s real property has been totally
7 iestroyed; the exact amount of the die:inuation in value of the
8 Plaintiff ' s property is unknown at this time , and Plaintiff prays
9 leave to amend this , her complaint , to allege the exact amount of
10 the loss wher, ascertained ;
11 (b) The Plaintiff has been damaged by the loss of pro-
12 fits from her activities lawfully conducted on said pretrises ; the
13 exact amount of said loss or profit is uncertain at this time , an
14 Plaintiff prays leave to amend this , her complaint , to allege the
15 exact amount of said loss of profits when the same have been
16 ascertained ;
17 (c) Plaintiff has been damaged by the loss of interest
16 from March 3rd , 1983, on the value of her property; the exact
19 loss of interest is uncertain at this time and Plaintiff prays
20 leave to amend this complaint to allege the exact io.;i oT interest
21 when the same has been ascertained ;
22 (d) Plaintiff has been damaged by the loss of use of
23 said premises; the exact amount of loss of the use of the premise
24 from Harch 34d, 1983 is uncertain a.t this time , and Plaintiff
25 prays leave to amend this , her complaint , to allege the exact
26 amount when said amount has been ascertained ;
000,58
'MSN�GLASSFOtD
yALA%t iL 040,1
1 (e) Plaintiff has been damaged by the loss of pro-
. 2 sq.ec,tive business advantage fror March 3rd of 19b3 ; exi-ct loss of
3 prospective business advantage is uncertain at this tice and
4 Plaintiff prays leave to amend this , her complaint , to alle£e th-e
5 exact loss when same has been ascertained ;
6 (f) Plaintiff has been damaged by the loss of capital
7 gains on anticipated sales and transfers of said property ; the
8 exact amount of said loss is uncertain at this time and Plaintiff
9 prays leave to amend this , her complaint , to allege the exact
10 amount of said loss when same as ascertained ;
11 (g) Plaintiff has been damaged by the necessity of.
12 expending cuT_s of money for the clean-up of the property ; thr
13 exact amount of said loss is uncertain at this time and Plaintiff
14 prays leave to amend this, her complaint , to allege the exact
15 amount of said loss when ascertained ;
16 (h) Plaintiff has been damaged in the amount of ey-pense.
17 incurred to protect the property from future damage and to pro-
18 tett the property from damaging other property adjacent to it ;
19 the exact amount of said loss is uncertain at this tiEE , ar.d
20 Plaintiff prays leave to amend this , }ler complaint , to allege the
21 exact amount of said loss when ascertained .
22 X1 . That as a direct and proximate result of the dangerous ,
23 defective and hazardous condition on the premises hereinabove
24 described and the sliding and movement of earth, water, and
25 debris onto and upon the Plaintiff' s property, Plaintiff has been
26 required to obtain the services of an attorney to protect her
HAA a GD
00059
1"De"t T•&T LOW
IN•661Y.•T0{[1
I Tights ; Plaintiff has been further danaged in the arpunt of
2 attorney' s fest. incurred and to be incurred ; the exact atr.ount of
3 the loss is uncertain at this tiv:t- and Plaintiff proN1 le?Ve to
4 atrend this , her complaint , to allege the exact amount , when the
S same has been ascertained .
6 WHEREFORE , Plaintiff prays for relief as hereinafter set
7 forth :
8 COMES NOW. the Plaintiff , JUANITA BARTELS , and complains of
9 the Dependants above-named , and each of them, and for her Second
10 Cause of Action alleges as follows :
11 STRICT LIABILITY (PUBLIC ENTITIES)
12 ] . That the Plaintiff hereby- rea2leges and incorporctes by
13 reference, all of the allegations contained in paragraphs 1 , lI ,
14 III , IV , V , Vl , VII and VIII of the First Cause of Action , as if
15 fully set forth herein, verbatim.
16 II . That on or before the 3rd day of March , 1953, the CITY
17 OF RICHMOND, A PUBLIC ENTITY , acting by and through its aE.ents ,
16 servants and erployees, and CONTRA COSTA COUNTY , A PIELIC ENTITY ,
19 acting by and through its agents, servants and employees, per-
20 witted to exist on the premises more commonly known as the STAN-
21 DARD PACIFIC HOUSING DEVELOPMENT, dangerous , hazardous, and
22 defective conditions as hereinabove described , that said dangerous,
23 hazardous and defective condition was on the part of the premises
24 owned and controlled by said Defendants; that as a direct and
2.5 proximate result of the existence of the dangerous, hazardous
26 and defective condition as hereinabove described , earth, mud ,
'()0060
INAN�CLASSiDtD
too-&ITN ev"ev
I water , and debris wrk caused to and did , wove and slide onto the
2 pres,ises ou-i-ed by the Plaintiff herein , causinf daaaFFs to the
3 Plaintiff and the Plaintiff ' s property 3s more fully described
4 below .
5 I11 . That as a direct and proximate result of the existence
6 of the dangerous , hazardous and defective condition and the move-
7 ment and sliding of earth, mud , water and debris onto the Plain-
8 tiff ' s land , the Plaintiff has been damaged as mere fully des-
9 cribed in paragraphs X and XI of the First Cause of Action , said
10 paragraphs are incorporated herein by reference as if fully set
11 forth verbatim.
22 WHEREFORE , Plaintiff prays for relief as hereinafter set
13 forth :
14 COMES NOW the Plaintiff , JUANITA BARTELS , and for the Third
15 Cause of Action alleges as follows :
16 (NEGLIGENCE, PRIVATE ENTITIES)
17 I . That Plaintiff realleges and incorporates by reference
18 all of the allegations of I , 1I , III , IV , V , VI , VII , VIII , and
19 IX of the First Cause of Action.
20 II . That on or before the 3rd day of March, 1983, said
21 Defendants identified in phragraph IX of the First Cause of
22 Action , and each of thea, negligently and carelessly developed ,
23 designed , constructed , excavated , inspected , supervised , main-
24 tained and repaired the premises more commonly known as the STAN-
25 DARD PACIFIC HOUSING DEVELOPMENT, so as to permit to exist that
26 that certain dangerous, hazardous and defective condition as
00061
PHAN•GLASSFCKD
�•to��t96 61
•as.%a?.mt"
W►atiC V N618
1 hereinabove described ; as said Defendants , and each of them, knew,
2 or in the exercise of ordinary care , should have known , that said
3 dangerous, hazardous and defective conditions existed on the
4 premises as hereinabove described ; that as a direct and proximate
S result of the carelessness and negligence of said Defendants , and
6 each of them, earth, mud , water, and debris was caused to and did ,
7 slide and move onto the premises owned by the Plaintiff, JUANITA
6 BARTELS , thereby causing her damages . `
9 III . That as a direct and proximate result of the careless-
10 ness and negligence of the Defendants, and each of them, Plaintiff
11 has been damaged as more fully described in paragraphs R and X�0
L.-
12 of the First Cause of Action , said paragraphs are hereby alleged
13 and incorporated herein by reference as if fully set forth
14 verbatim.
15 IV. That as a direct and proximate result of the said
16 Defendants' conduct , and each of them, Plaintiff , JUANITA
17 BARTELS , is entitled to punitive damages in the amount of
18 $1 ,000, 000. 00 in that the Defendants , and each of them, acting by
19 and through their officers , directors ,and managing agents :
20
(1) knew of the dangerous condition of the property adjacent to
21 the property of the Plaintiffs , and knew of the probable likeli-
22 hood that said property would slide, move and cause damage to
23 the Pla.intiff ' s property, knew of the probable catastrophic
24 effect of such a slide or movement on said property would have
25
on the Plaintiff 's property, including total destruction of her
26 dwelling, and knew that Plaintiff, like any ordinary person,
APHAPW t GLAUFO[D
&"OOME TS 1T l•M
IN•/.810,
O►wuMD "@&Wl 12— 00062
7t:VMOM[*Wgoes
1 cherished her residence and dwel.ling; and (2) acted with
2 conscious disregard of the rights and safety of the Plaintiff in
3 permitting said property to slide and move onto the Plaintiff 's
4 property in the middle of the night causing a total destruction-
s of the Plaintiff ' s dwelling in that they failed to take any
6 action to prevent the catastrophy even though they had been
7 repeatedly warned of the dangerous condition of the property
8 which had been created by them, and each of them, by and through
9 their agents , servants and employees,and even though they had
10 been repeatedly advised to take action to shore up the property
11 to prevent an earth movement and to install proper drainage to
12 protect against a slide .
13 WEEREFORE, Plaintiff prays for relief as hereinafter set
14 forth :
15
16
17
18
19
20
21
22
23
24
25
26
APHAA t GLASSFORD
00063
OAKLAND CA CA..•+7
RL.rMONt 1t 7•f ttt
1
2 COMES NOV. the Plaintift , 'JUANITA BARTELS, and eoaplaint. of
3 the Defendants above-named , and each of thee, and for her fourth
,4 Cause of Action alleges as follows :
S (NEGLIGENCE, PUBLIC ENTITIES)
6 I . That the Plaintiff hereby realleges and incorporates by
7 this reference, all of the allegations contained in paragraphs I .
I1 , III , IV, V, ..VI , VII and VIII of the First Cause of Action and
9 paragraph II of the Second Cause of Action , as if fully set forth
10 herein verbatim.
U II . That on or before the 3rd day of March, 1983, Deferkdant ,
13 PUBLIC ENTITIES , and each of thea , negligently and carelessly
13 developed, designed , constructed , excavated, maintained , Inspected
14 and repaired , the premises more commonly known as STANDARD
15 PACIFIC HOUSING DEVELOPMENT, so as to permit dangerous, hazardous
16 and defective condition as bereinabove described to exist on
17 said premises and more specifically on those parts of the premise
18 owned and controlled by said public entities consisting of the
19 streets and roads, public areas and parks, as well as other pprts
20 of the premises under their control ; that said Defendants , and
21 each of the, acting by and through their agents, servants and
22 employees knew, or in the exercise of ordinary care should have
23 known, that said dangerous, hazardous , and defective condition
24 did exist on the premises. as hereinabove described ; that said
25 Defendants, and each of them, were further megligent and carc- less
26 in the approval of the development undertaken by the private ,
00064
A�GL�t�OtD
M4Z h�t y�
AMC "Welt �1��
1 entities , the inspection of the preaises being developed by the
2 private entities ; that on or about the 3rd day of lurch , 1963,
3 and as a direct and prc►ximste result of the carelessness and
4 negligence , said Defendants, and each of them, earth, sud . water
S and debris was caused to and did , wove and slide onto and upon th
6 premises owned by the Plaintiff , JUANITA BARTELS , who sustained
7 damages as hereinafter more fully described .
a I11 . That as a direct and proximate result of the carelessness
9 and negligence of said Defendants , and each of thea, Plaintiff
10- has been damaged as More fulls described in paragraphs B and Til o
11 the First Causc o: Action , and Plaintiff hereby realleges and
12 incorporates by reference , all of the allegations contained in
13 those paragraphs , as if fully set forth herein verbatim.
14 WHEREFORE, Plaintiff prays for relief as hereinafter set
13 forth .
16 COMES NOW, the Plaintiff, JUANITA BARTELS, and complains of
17 the Defendants above-naaed , and each of them, and fOr her Fifth
18 Cause of Action alleges as follows :
19 (NUISANCE, PRIVATE EFTITIES)
20 1 . That Plaintiff hereby realleges and incorporates by I
21 reference all of the allegations contained in paragraphs 1 , Il ,
22 2II , IV, V, V1 , VII . VIII and IR of the First Cause of Action as
23 if fully set forth herein verbatim.
24 II . That said Defendants, and each of them, in their occups-
25 tion , use and maintenance of the premises more commonly known as
26 the STANDARD PACIFIC ROUSING DEVELOPMENT, in maintaining said
0006.5
&PHAN GLJ WOtD
�w•w..�+�sn
1 dangerous, hazardous and defective conditions as more fully
2 described hereinabove, created a nuisance within the meaning of
3 Section 3479 of teh California Civil Code , and was injurious to
4 the Plaintiff ' s health, and interfered with her comfortable use
5 and enjoyment of her property . -
6 As a direct and proximate result of the nuisance of the
7 Defendants, and each of them, Plaintiff has been damaged as more
6 fully described in paragraphs % and RI of the First Cause of
9 Action, and Plaintiff hereby realleges and incoporates by
10 reference, all of the allegations contained in those paragraphs
11 as if fully set forth herein verbatim.
12 III . That as a direct and proximate result of the said
13 Defendants ' conduct , and each of them, Plaintiff , JUANITA
14 BARTELS, is entitled to punitive damages in the amount of
15 $1,000, 000. 00 in that the Defendants , and each of them, acting b
16 and through their officers , directors , and managing agents :
17 (1) knew of the dangerous condition of the property adjacent to
18 the property of the Plaintiffs , and knew of the probable likeli-
19 hood that said property would slide, move and cause damage to
20 the Plaintiff ' s property , knew of the probable catastrophic
21 effect of such a slide or movement on said property would have
22 on the Plaintiff ' s property, including total destruction of her
23 dwelling, and knew that the Plaintiff , like any. ordinary person ,
24 cherished her residence and dwelling; and (2) acted with
25 conscious disregard of the rights and safety of the Plaintiff in
26 permitting said property to slide and move onto the Plaintiff 's
LPHAN•GLASSFOID
ATTlot- «afa At LAW - 00066
Int I4TM i7RL[7
OAKLA940.G1 SA61 i
aLs�«o«r��a-saa� _16-
1 property in the middle of the night causing a total destruction
2 of the Plaintiff 's dwelling in that they failed to take any
3 action to prevent the catastrophy even though they had been
4 repeatedly warned of the dangerous condition of the property
5 which had been created by them, .and each of them, by and through
6 their agents , servants and employees , and even though they had
7 been repeatedly advised to take action to shore up the property
8 to prevent an earth movement and to install proper drainage to
9 protect against a slide.
10 WHEREFORE, Plaintiff prays judgment as hereinafter set forth
11 COMES ROW, the Plaintiff , JUANITA BARELS, and for her Sixth
12 Cause of Actkon alleges as follows :
13 (NUISANCE, PUBLIC ENTITIES)
14 I . Plaintiff realleges and incorporates by reference all of
15 the allegations contained in paragraphs I, II, III, IV , V , VI ,
16 VII , and VIII of the First Cause of Action , and paragraph II of
17 the Second Cause of Action as if fully set forth herein verbatim.
18 II . That on or before the 3rd day of March, 1983 , said
19 Defendant , PUBLIC ENTITIES , in their occupation , use , and
20 maintenance of the premises more commonly known as the STANDARD
21 PACIFIC HOUSING DEVELOPMENT, and by permitting the dangerous ,
22 hazardous and defective conditions to exist on the premises ,
23 created a nuisance within the meaning of Section 3479 of the
24 California Civil Code, and that said nuisance was injurious to
25 the Plaintiff 's health, and interfered with ber comfortable use
26 and enjoyment of her property ; that on or about the 3rd day of
March, 1983, and , as a direct and proximate result of the
:APHANeGLASSFOID nuisance created by the Defendant , PUBLIC ENTITIES , earth , mud ,
•r+M«tr•AT A.&W
e••u«o.c•••n:
7f►br0«t N!•tt•t
I water and debris , slid and moved onto the premises owned and
2 occupied by the Plaintiff thereby causing her damages as more
.
31 fully set forth below.
4 III . That as a direct and proximate result of the nuisance
S created by the Defendant , PUBLIC ENTITIES , and each of them ,
6 Plaintiff has been damaged as more specifically alleged in
7 paragraphs X and XI of the First Cause of Action , and Plaintiff
8 thereby realleges and incorporates by reference, all of the
9 allegations contained in said paragraph as if fully set forth
10 herein, verbatim.
11 COMES NOW, the Plaintiff, JUANITA BARTELS, and for her
12 Seventh Cause of Action, alleges as follows :
13 (TRESPASS, PRIVATE ENTITIES)
14 1 . Plaintiff hereby realleges and incorporates by this
IS reference , all of the allegations contained in paragraphs I, II ,
16 III , IV , V. VI , VII , VIII and IX of the First Cause of Action as
17 if fully set forth herein verbatim.
18 II . That on or about the 3rd day of March , 1983, said
19 Defendant , PRIVATE ENTITIES, and each of them, unlawfully inter-
20 fered with the .present possessory interest ' of the Plaintiff ,
21 JUANITA BARTELS, in her land , as hereinabove described , by their
22 Wanton , willful, reckless conduct in permitting earth, mud ,
23 water and debris to slide and move onto the premises owned by
24 the Plaintiff, JUANITA BARTELS, thereby causing her damages as
25 more fully set forth below.
26 III . That as a direct and proximate result of the trespass
►PHAN•GLASSFDtD 00068
Arr"Ne.•Al LAw
set-167.eTaeelf 1"
O&wLAMD G•&&ell
?S,iv"ON[•@f-lles
1 of the Defendants , and each of them, Plaintiff has been damaged
• 2 as more fully set forth in paragraphs X and XI of the First. Cause
3 of Action, and Plaintiff realleges and incorporates by reference
4 all of the allegations contained in paragraphs X and BI in the
5 First Cause of Action as if fully set forth herein verbatim.
6 -IV . That as a direct and proximate result of the said
7 Defendants ' conduct, and each of them, Plaintiff, JUANITA
8 BARTELS , is entitled to punitive damages in the amount of
9 $1 , 000, 000.00 in that the Defendants , and each of them, acting by
10 and through their officers, directors, and managing agents:
11 (1) knew of the dangerous condition of the property adjacent• to
12 the property of the Plaintiffs , and knew of the probable likeli-
13 hood that said property would slide, move and cause damage to
14 the Plaintiff ' s property, knew of the probable catastrophic
15 effect of such a slide or movement on said property would have
16 on the Plaintiff 's property, including total destruction of her
17 dwelling, and knew that Plaintiff , like any ordinary person. ,
18 cherished her residence and dwelling; and (2) acted with
19 conscious disregard of the rights and safety of the Plaintiff in
20 permitting said property to slide and move onto the Plaintiff ' s
21 property in the middle of the night causing a total destruction
22
of the Plaintiff 's dwelling in that they failed to take any
23 action to prevent the catastrophy even though they had been
24 repeatedly warned of the dengerous. condi.tion of the property
25
vbicb had been created by them, and each of them, by and through
26 their agents, servants and employees, and even though they had
♦PHAH 4 GLASSFOW 00069
Arroas[.s. uw
$*a.941.6709[7
e.R6..,.0 C....,, -19-
RLt.MQA[062.2200
1 been repeatedly advised to take action to shore up the property
2 to prevent an earth movement and to install proper drainage to
3 protect against a slide .
4 WHEREFORE, Plaintiff prays for relief as hereinafter set
5 forth:
6 COMES NOW, the Plaintiff , JUANITA BARTELS , and complains
7 of the Defendants above named , and each of them, and for her
8 Eighth Cause of Action alleges as follows :
9
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
PHAN�GLASSFORD 00070
ATTow"t TI AT LAM
-00•lay"S"ItrT
OARLAMD C•64612
1 MLSYASS, P1'BLIC EN7111ES)
2 1 . Plaintiff hereby Tealltges and incorporates b)' ttftrence
3 all of the allegations contained in paragrAphs I , 11 , 111 , IV , V,
4 VI , vil and VIll of the First Cause of Action , and paragraph 11
S of the Second Cause of Action as if fully set forth harem
6 verbatim.
7 1I . That on or about the 3rd day of March, 2983, said
8 Defendant , PUBLIC ENTITIES, and each of them, unlawfully inter-
s fered with the present possessory interest of the Plaintiff in
10
the land hereinabove described by wantonly , willfully, and
11 recklessly allowing earth, mud, water and debris to slide and
12 move upon the premises of the Plaintiff , JUANITA BARTELS, and
13 the Plaintiff has thereby been damaged as more fully set forth
14 hereinafter .
13 211 . That as a direct and proximate result of the trespass
16 of the PUBLIC ENTITIES, and each of thea, Plaintiff . has been
17 damageZ as more fully set forth in paragraphs R and TI of the
18 First Cause of Action, and Plaintiff hereby realleges and
19 incorporates said paragraphs by refere-nce as if fully set forth
20 herein verbatim.
21 WHEREFORE, Plaintiff prays for relief as more fully set
22 forth hereinafter .
23 COMES NOW, the Plaintiff , JUANITA BARTELS , and complains of
24 the Defendants above-named, and each of them, and for her Ninth
25 Cause of Action alleges as follows;
26
�w GIASFOtD
00071
V"fts
I (INVLRSE CONDEMNATION)
2 I . Plaintiff hereby realleges and incorporates all of the
3 allegations contained in paragraphs I , 11 . 111 , IV . V. VI , VII
4 and V1I1 of the First Cause of Action and paragraph II of the,
S Second Cause of Action as if fully set forth herein verbatim.
6 1I . That on or before the 3rd day of March, 1983, Defendant ,
7 PUBLIC ENTITIES , and each of thea, planned , approved. constructed
and operated a public project on the premises more commonly known
9 as the STANDARD PACIFIC 110USING DEVELOPMENT. or otherviFe engaccd
10 in some activity for public use and benefit of said preaises .
11 III . That on or about the 3rd day of March , 1983. Plaintiff 's
12 real property as hereinabove described , was taken and damaged by
23 the activities of the Public Entities , and each of them, when
14 earth , mud , water and debris slid and moved onto the premises
]S owned by the Plaintiff, JUANITA BARTELS, thereby causing Plaintiff
16 to -suffer diminuation in value of bey property .
17 IV . That the Defendant , PUBLIC ENTITIES , and each of them,
18 activities , and failures to act as planned , was the direct and
19 proxitate cause of the taking and damaging of the property
Y0 owned by the Plaintiff , JVAKITA BARTELS .
21 V . That the Plaintiff has been datr.aged by the taking and
22 damaging of bet property as more fully set forth in paragraphs k
23 and 11 of the First Cause of Action, and Plaintiff realleges and
24 incorporates by zeference. all , of the allegations contained in
25 said paragraphs as if fully set forth bereft verbatim.
26 WHEREFORE, Plaintiff prays for relief as follows :
0007'2
'MANY GIA F0tD
ORMrt•&wt&am
tM•"IV*Taut -22-
I FOR THF FIRST CAUSE OF ACTION :
2 Plaintiff prays for donates for the diainuation in value of
3 her property, for interest frotz March 3, 1963, for damages for
4 the loss of the use of the premises frost. March 3. 1963, for loss
S of profits from activiti" lawfully conducted on the premises
6 frog from March 3, 1983, frost 1066 of prospective business
7 advantage from March 3. 1983. from loss of capital gains on
g anticipated sales or transfers of the property of the Plaintiff,
9 for attorney' s fees, for costs of litigation, for costs of
10 the cleanup of the property, and for costs it the alteration
11 of the property so as to protect it from future damage and
s
].2 damages to adjacent property.
13 FOR THE SECOND CAUSE OF ACTION :
14 Plaintiff prays for damages for the diminution in value of
]5 her property, for interest from March 3, 1983, for damages for
16 the loss of the use of the premises from March 3, 1963, for loss
17 of profits from activities lawfully conducted on the premises
18 from March 3, 1983, from loss of prospective business advantage
19 from March 3, 1983 , from loss of capital gains on anticipated
20 sales or transfers of the property of the Flaintiff , for
21 attorney ' s fees , for costs of litigation , for costs of the clean-
22 up of the property, and for costs in the alteration of the
23 property so as to protect it from future damages and damages to
24 adjacent property.
25 FOR THE TAIR-) CAUSE OF ACTION:
26 Plaintiff prays for damages for the -diminution in value of
000' 3
�NAN�GLw6SiDtD
1 her property , for interest from March 3 , 1983 , for. damages for
2. the loss of the use of the peremises from March 3 , 1983 , for loss
3 of profits from activities lawfully conducted on the premises
4 from March 3, 1983, from loss of prospective business advantage-
5 from March 3 , 1983, from loss of capital gains on anticipated
6 sales or transfers of the property of the Plaintiff , for costs
7 of litigation, for costs of cleanup of the property, for costs
8 in the alteration of the property so as to protect it from future
9 damage and damages to adjacent property , and for punitive damages
10 in the amount of $1 , 000,000. 00.
11 FOR THE FOURTH CAUSE OF ACTION:
12 Plaintiff prays for damages for the diminuation in value of
13 her property, for interest from March 3 , 1983, for damages for
14 the loss of the use of the premises from March 3, 1983, for loss
15 of profits from activities lawfully conducted on the premises
16 from March 3 , 1983, from loss of prospective business advantage
17 from March 3 , 1983 , from loss of capital gains on anticipated
18 sales or transfers of the property of the Plaintiff , for
19 attorney ' s fees , for costs of litigation, for costs of the clean-
20 up of the property and for costs in the alteration of the propert
21 so as to protect it from future damage and damages to adjacent
22 property.
23 FOR THE FIFTH CAUSE OF ACTION :
24 Plaintiff prays for damages for the diminution in value of
25 her property, for interest from March 3 , 1983, for damages for
26 the loss of the use of the premises from March 3 , 1983 , f-or loss
APHAN•G"WOtD 00074
&""kttt At L&M
too.14T.STean
OARLAgC CA 840�2
RLap"OK[ —24—
1 of profits from activities lawfully conducted on the premises
2 from March 3, 1983, from loss of prospective business advantage
3 from March 3 , 1983 , from lossof capital gains on anticipated
4 sales or transfers of the property of the Plaintiff , for
S costs of litigation, for costs of the cleanup of the property,
6 for costs in the alteration of the property so as to protect
7 it from future damage and damages to adjacent property, and for
8 punitive damages in the amount of $1 ,000, 000 . 00.
9 FOR THE SIXTH CAUSE OF ACTION :
10 Plaintiff prays for damages for the diminuation in value of
11 her property, for interest from March 3, 1983, for damages for
12 the loss of the use of the premises from March 3 , 1983 , for loss
13 I
of profits from activities lawfully conducted on the premises
14 from March 3 , 1983, from loss of prospective business advantage
15 from March 3 , 1983, from loss of capital gains on anticipated
16 sales or transfers of the property of the Plaintiff , for
17 attorney ' s fees , for costs of litigation , for costs of the clean'
18
up of the property , for costs in the alteration of the property
19 so as to protect it from future damage and damages to adjacent
20 property.
21 FOR THE SEVENTH CAUSE OF ACTION :
22
Plaintiff prays for damages for the diminuation in value
23 of her property, for interest from March 3, 1983, for damages
24 for loss of profits from activities lawfully conducted on the
25
premises from March 3, 1983, from loss of prospective busi:iess
26 advantage from Mai ch 3, 1983, from the loss of use of the
APHAN r GLASSFORII 00075
ATTOIIN[Ts•T L..%."o.#AT"8"991
*^:LAND CIA*&W7 —25—
Tl- Pblo M[09S.2965
• 1 premises from March 3, 1983 , from the loss of capital gains on
2 anticipates' sales or transfers of the property of the Plaintiff ,
3 for costs of litigation , for costs of the cleanup of the property,
4 for costs in the alterations of the property so as to protect it
S from future damage and damages to adjacent property, and fcr
6 punitive damages in the amount of $1 , 000,000 . 00.
7 FOR THE EIGETH CAUSE OF ACTION :
8 Plaintiff pray:, for damages for the diminuation in value
9 of her property, for interest from March 3, 1983, for damages
10 for the loss of the use of the premises from March 3, 1983 ,
11 for loss of profits from activities lawfully conducted on the
12 premises from March 3 , 1983 , from loss of prospective business
i
13 advantage from March 3, 1983 , from loss of capital gains on
14 anticipated sales or transfers of the property of the Plaintiff ,
15 for attorney' s fees , for costs of litigation , for costs of the
16 cleanup of the property and for costs in the alteration of the
17 property so as to protect it from future damage and damages to
18 adjacent property .
19 FOR THE NINTH CAUSE OF ACTION :
20 Plaintiff prays for damages for the diminution in value : of
21 her property , for interest from March 3 , 1983 , for damages for
22 the loss of the use of the premises from March 3 , 1983 , for loss
23 of profits from activities lawfully conducted on the premises
24 from March 3, 1983, from loss of prospective business advantage
25 from March 3, 1983 , from loss of capital gains on anticipated
26 sales or transfers of the property of the plaintiff .
wHAN.GLw9SFORD
&TTOROO VS AT L&r
s...W.T.,.TRLtT -26-
OAK LAWD.c•6&418
TaLar-DMI��f•t tit
I For attorney ' s fees , for costs of litigation , for costs of the }
2 cleanup of the property , and for costs in the alteration of the
3 property so as to protect it from future damage and damages to
4 adjacent property .
5
6 DATED : Harch 22 , 1984 . NAPHAN & GLASSFORD
7
8 By ALFRED R.
Alfred R . Nap an
9 Attorneys for Plaintiff
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
APHAN r GLAWORD 00077
.TTO:N[T•AT L.M
f6f-$ATM[TN[[T
oA:LAND.CA SAW 2
,ftL[.NON[Mf-[t[[ I
PROOF OF SERVICE BY MAIL - CCP 1013a. 2015.5
i
1 1 declare that:
. 2 1 am(a resident of/employed in)the county of . . . . .Alame.da. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Ca!ifo,n:2
(COUNTY WHERE MAILING OCCURRED,
3 1 am over the age of eighteen years and not a party of the within entitled cause. my (business/residence) address is. I
169 - 14th Street , Oakland, CA 94604-1917
5 On. . . . April . 23.,. . 1984 . . . . . . . . . . . . . i served the attached. . . .Firs•t .Amend•ed. .Complaint
IDATEI
6 for Damages , Strict Liability in Tort , Professional Negligence ,
Nuisance , Trepass and Inverse Condemnation
7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on the. . . . . . . . . . . . . . .parties. . . . . . . . . . . . . . . . . . .
8 in said cause. by placing a true cop), thereof enclosed in a sealed envelope wit~ postage thereon fully prepaid. ir. T'I°
!
9 United States mai;at . . . . . . . .Oakland, . .CA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . addressed as
10 William W. Schofield, Esq . Ira James Harris , Esq .
CROSBY, HEAFEY, ROACH & MAY GIBBONS , STODDARD, LEPPER &
11 11939 Harrison Street FALCO
Oakland, CA 94612 1601 North California St .
12Walnut Creek, CA 94596 i
James W. McKeehan, Esq .
13 McKEEHAN, BERNIARD & WOOD Timothy J . Ryan, Esq .
2450 Peralta Blvd. , Suite 211 GORDON, DeFRAGA, WATROUS &
14 Fremont , CA 94536 PEZZALIA
611 Las Juntas St . I
15 Kenneth Miller, Esq . Martinez , CA 94553
KASS , MORGAN, MILLER & WILSON
16 Ordway Bldg. , 13th Floor Ann S. Kaplan, Esq .
One Kaiser Plaza YORK, BURESH & KAPLAN
17 Oakland, CA 94612 1708 Shattuck Avenue
Berkeley, CA 94709
18 George C. Fisher , Esq .
BLASE, VALENTINE & KLEIN !
19 321 Lytton Avenue
Palo Alto, CA 94302
20 !
21
22 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. and tri* i
i
23 this declaration was executed on i
I
24 April. .23., 1984. . . . . . . . . . . . . . . . . .at . . . . . .Oakland. .. . . . . . . . . . . . . . . . . . . . . . ,Califon a
(DATE) IPLACE-
25
26 . . .Ruth. _A.. Drena . . . . . .
(TYPE OR PRINT NAME, SIGNATURE
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00078
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BARON PRESS FORM NO 22
REV AUGUST I981