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HomeMy WebLinkAboutMINUTES - 08201985 - 1.13 113 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 20 , 1985 by the following vote: AYES: Supervisor Powers , McPeak;oTorTaksoh and Fanden NOES: None ABSENT: Supervisor Schroder ABSTAIN: None SUBJECT: LEGAL DEFENSE IT IS BY THE BOARD ORDERED that the County provide legal defense for the following persons in connection with Superior Court Case No. 274346 , Susan E. Evans vs . Contra Costa County; Phillip Branum, reserving all rights of the County in accordance with the provisions of California Government Code Sections 825 and 995 . Phillip Branum, Retired Deputy Sheriff I hereby certify that this Ira true and correct copy of an action taker, and entered on the minutes of the Board of Supe rs on the date shown. ATTESTED: PHIL BATCHELOR,Clerk of the Board Of Supenrtsors and County Administrator By o , Deputy Orig. Dept.: Cc: Sheriff-Coroner County Counsel County Administrator Southern PacifiL Transportation Company JOHgAcoo RcGo �N Southern Pacific Building • One Market Plaza LISan Francisco,California 94105 HAROLD S.LENTS N - CAROL A. HARRIS +~ (415)5411000 CRAIG J.WHITNEY JOHN MACDONALD SMITH JOHN K.WYMA RICHARD S. KOPF GARY A.LAAKSO SENIOR GENERAL ATTORNEYS ASSISTANT GENERAL ATTORNEYS ROBERT S. BOGASON THORMUND A.MILLER JONATHDORENEAM.CURTIS DOUGLAS E.STEPHENSON VICE PRESIDENT AND GENERAL COUNSEL STEPHEN A. ROBERTS MICHAEL A.SMITH LAWRENCE P. RIFF LOUIS P.WARCHOT CLAUDE F.KOLM GREG CUNNINGHAM ATTORNEYS WILLIAM E.SAUL STUART E.VAUGHN ANN FINGARETTE HASSE DAVID W. LONG GENERAL ATTORNEYS WRITER'S DIRECT DIAL NUMBER July 19, 1985 FRECEIVED Clerk, Board of Supervisors County of Contra Costa 651 Pine Street PHIL BATCHELOR Martinez, CA 94553 CLtaK BOAR 0;:SUPERVISORS y/ ONTR COSTAC9. •.•..fly _ Re: Claim of SPTCo �!l [Nies v. SPTCo] Dear Sir or Madam: Enclosed is the original and one copy of the claim for damages.. As the county of Contra Costa is a named defendant in the principal lawsuit I can only assume that it has in its possession a claim filed by plaintiff Nies. Please file the original claim with the appropriate individual and return the copy to me with an endorsement showing the date and time the claim was received by your office. An envelope is attached for those purposes. Very tr ly yours, G'W /Lawrence P. /RVif Enclosures Y 11 In the Matter of the Cla L-zof SOUTHERN PACIFIC TRANSPORTATION COMPANY Claimant, vs. . COUNTY OF CONTRA COSTA RECEI • ED JUL?;-, 1385 • PHR RATCHEIOR IERK R RD OF: E ISORi C RA COS R Dew P Relating to the Matter of BRENDA GAIL NEIS vs. SOUTHERN PACIFIC TRANSPORTATION COMPANY SOUTHERN PACIFIC TRANSPORTATION COMPANY hereinafter SP hereby presents. this claim to the COUNTY OF CONTRA COSTA 1. The name and post office address of t-he. claimant: SOUTHERN PACIFIC TRANSPORTATION COMPANY, Southern Pacific Building, One Market Plaza, San Francisco, California 94105; 2. Correspondence regarding this claim may be sent to Lawrence P. Riff, CORRIGAN & RIFF Southern Pacific Building, One Market Plaza , Suite 836, San Francisco, California 94105; 3. The date, place and circwnstances of the occurence or transaction which gives rise to the claim .asserted: On June 18 , '1985, SP was served with a Summons and Complaint in the matter of Neis vs. Southern Pacific Transportation Company, Contra Costa Count— Superior Court, case number 262984 , copy . attached. 9 . A general description of the indebtedness , obligation, injury, damage or loss incurred insofar as it may be known at the time of the presentation: Plaintiff Neis was injured in an automobile accident on December 8 , 1983 at approximately 6 :50 a.m. at the intersection of Loveridge Road and Pittsburg-Antioch Highway in the County of Contra Costa. At the time of said accident, a member of the Contra Costa Sheriff ' s Department, Deputy Cunningham, Badge #39126, directed traffic at that intersection contrary to signals which were then and there in operation. Said individual ' s actions were negligent and proximately caused, plaintiff 's injuries, if any. SP is entitled to equitable indemnity from County, or in the alternative, partial equitable indemnity from County. 5. 7-he na;me Cr na_ies of the =- bllc e_.,ployee Or em—loyees Causing the injury, dEMage or loss , if known: The names of any respcns_ble Da.-l'c employees are not- known otknown at this time. 6. The a_- c nt claLnied, as of the date Of resentati On of the clai1, including the estimated a-mount Of any pro- sDective injury, damage or loss , inso-ar as it ray be known at the time of the Dresentation of claim, to- gether with the basis .of commutation of the anoint claimed: 0 Damages are not known at this tine. DATED: f CORRIGAN & RIFF B L NCE P. RIFF ttorney for Claimant SOUTHERN PACIFIC TRANSPORTATION CO. ' ATTORNEY 09 PARTY WITHOUT ATTORNEY AE AND ADDRESS): T�HOW: FOR COURT USE ONLY The Scranton Law Firm 415-682-77"17 2255 Contra Costa Blvd. Ste. 301 Pleasant Hill, Ca . 94523 ATTORNEY FOR(NAME)- Plaintiff– BRENDA GAIL NIES SUPERIOR COURT OF CALIFORNIA. COUNTY OF ..CONTRA COSTA U AUG 2 41984 P.O. Box 911 J.R. OLSSON, Countyy Clerk Martinez, Ca. 94553 - CONTRA COSTA COUNT'! S. CORDOVA,L'apufy PLAINTIFF: BRENDA GAIL NIES DEFENDANT: SOUTHERN PACIFIC TRANSPORTATION COMPANY, CONTRA COSTA COUNTY, PATSY JAIME, _ ®DOES 1 TO COMPLAINT-Personal injury, Property Damage, Wrongful Death CASE NUMBER; MOTOR VEHICLE [OTHER(specify): General Negligence =Property Damage =Wrongful Death Premises Liability =Personal Injury = Other Damages(speclW: , 2629b � i 1. This pleading. including attachments and exhibits, consists of the following numherot pages: —6— 4 2. a. Each plaintiff named above is a competent adult = Except plaintiff(name): =a corporation qualified to do business in California =an unincorporated entity(describe): " =a public entity(describe): 0 a minor =an adult, ' = for whom a guardian or conservator of the estate or a guardian ad Mom has been appointed Q other(specify): M other(specify): Q Except plaintiff(name): =a corporation qualified to do business in California =an unincorporated entity(describe, =a public entity(describe): =a minor Q an adult Q for whom a guardian or conservator of the estate or a guardian ad them has been appointed =other(specify): Mother(specify): b. Q Plaintiff(name): is doing business under the fictitious name of(specify): and has complied with the fictitious business name laws. c. M Information about additional plaintiffs who are not competent adults is shown in Complaint— Attachment 2c. (Continued) Form Approved by the Judicial a Jams ry 1.i9r„:, COMPLAINT—Personal Injury, Property Damage, Effective January t,t9e Rule ee2.10) Wrongful Death CCP 625.12 PL1 51.1 SHORT TITLE: CASE NUMBER: Brenda Gail Nies vs. outhern Pacific TransportationC . ,ET AL COMPLAINT—Personal Injury, Property Damage, Wrongful Death Page rw 3. a. Each defendant named above is a natural person Q Except defendant(name): ®Except defendant(name): Contra Costa Cour SOUTHERN PACIFIC TRANSPORTATION CO. Q a business organization, form unknown Q a business organization, form unknown a corporation Q a corporation Q an unincorporated entity(describe): Q an unincorporated entity(describe): [] a public entity(describe): ( a public entity(describe): dOUNTX Q other(specify): Q other(specify): Q Except defendant(name): Q Except defendant(name): Q a business organization, form unknown =a business organization, form unknown Q a corporation CD corporation Q an unincorporated entity(describe): Q an unincorporated entity(describe). Q a public entity(describe): Q a public entity(describe): Q other(specify); []other(specify): b. The true names and capacities of defendants sued as Does are unknown to plaintiff, c Q Information about additional defendants who are not natural persons is contained in Complaint— Attachment 3c. d. Q Defendants who are joined pursuant to Code of Civil Procedure section 382 are(names): 4. Plaintiff is required to comply with a claims statute, and a..® plaintiff has complied with applicable claims statutes, or b. [—__l pfaintill is excused from complying because(specify): S. This court is the proper court because at least one.defendant now regjdesin,its jurisdictional area. [] the principal piece ofibuslness of a corporation or unincorporated association is in its jurisdictional area. injury'to person or damage to personal property occurred in its jurisdictional area. Q other(specify): 6. The following paragraphs of this complaint are alleged on information and belief(specify paragraph numbers): Paragraphs 8, 91 10, 11, MV-1, MV-21 GN-11 GN-21 GN-3, Prem.L-1, Prem.L-21 Prem.L-31 Prem.L-4, Prem.L-5. (Continued) Page two SHORT TITLE: CASE NUMBER BRENDA GAIL NIES VS. *UTHERN PACIFIC TRANSPORTAN C . ET AL,' COMPLAINT—Personal Injury, Property Damage, Wrongful Death (Continued) Page three 7. The damages claimed for wrongful death and the relationships of plaintilf to the deceased are M listed in Complaint—Attachment 7 as follows: 8. Plaintiff has suffered �]wage loss (]loss of use of property ( hospital and medical expenses ®general damage (_] property damage [ loss of earning capacity other damage(specify): i 9. Relief sought in this complaint is within the jurisdiction of this court. 10. PLAINTIFF PRAYS Pot judgment for costs of suit: for such relief as is fair, just, and equitable;and for ],compensatory damages (Superior Court) according to proof. (Municipal and Justice Court) in the amount of other(specify): Pre-judgement intrest. 11. The following causes of action are attached and the statements above apply to each: (Each complain( must have one,or more causes of action attached.) ED Motor Vehicle C:R General Negligence Intentional Tort e Products Liability Premises Liability Other(specify): I Michael C. Scranton (TYDa Of print nems) (Signature of plainlift or attorney) COMPLAINT--Personal Injury, Property Damage. Page three Rule Y92.i(1)(cont'd) - Wrongful Death (Continued) CCP.25.12 PI. lA : 51.1 1 - ° SHORT TITLE: CASE NUMBER: BRENDA GAIL NIBS VS. SOUTHERN PACIFIC TRANSPORTAION C ET AL FIRST CAUSE OF ACTION—Motor Vehicle Page�_ (number) ATTACHMENT TO [Complaint =Cross-Complaint (usea separate cause of action form for each cause of action.) Plaintiff (name): Brenda Gail Nies MV-t. Plaintiff alleges the acts of defendants were negligent; the acts were the legal (proximate) cause of injuries and damages to plaintiff;the acts occurred on (date): December 8, 1983 at(place): Loveridge road at its intersection with Pittsburg/Antioch Highway, Contra Costa Highway, California. i MV-2.. DEFENDANTS a. l The defendants who operated a motor vehicle are(names): PATSY JAIME Q Does_,.1 to_ 4 b. [ The defendants who employed the persons who operated a motor vehicle in the course of the}r employment are (names): PATSY JAIME Does— 5 _ 10_7.• c. The defendants who owned the motor vehicle which was operated with their permission are(names): PATSY -JAIME C:R Does_8 — to _10 _ d. [ The defendants who entrusted the motor vehicle are(names): PATSY JAIME (:{] Does 11 — to_12 e. C3D The defendants who were the agents and employees of the othef defendants and acted within the scope of the agency were(names): PATSY JAIME L Does_13 _ to 15 I. Q The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are Qlisted in Attachment MV-21 []as follows: t [�Does 16 to 20 Form Approved by the JudlGai council of Caldor':' Ebeclive January I. 14>' R„le 9e2.tcr. CAUSE OF ACTION—Motor Vehicle r r.p 115 11 SHORT TITLE: CASE NUMBER: BRENDA GAIL NIES VS. SOUTHERN PACIFIC TRANSPORTATION CO. ,ET AL w SECOND (numoer) CAUSE OF ACTION—General Negligence Page 5 ATTACHMENT TO ©Complaint []Cross-Complaint (Use a Separate cause of action form for each cause of action.) GN-1. Plaintiff(name): BRENDA GAIL NIES alleges that defendant(name): County of Contra Costa (Does 21 to 30 was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, del endanl negligently caused the damage to plaintiff on(dafe): December 8, 1983 at(place): Loveridge Road at its intersection with Pittsburg/Antioch Highway, Contra Costa County, California. (description of reasons lot liability): GN-2 At all times mentioned, defendant County of Contra Costa, and does 21 to 30 were the agents and employees of the other defendants and were acting within the course and scope of the agency and employrhent. GN-3 Defendants, and each of them, carelessly and negligently, controlled, warned, motioned forward the traffic at said intersection, so as to p4oximately cause a vehicular collision which caused injuries to Brenda Nies as set forth above. t ' Wool Dorm Approved oy tM Judicial Council of California - Enecl (J)7987 Rule 982.1(3) CAUSE OF ACTION—General Negligence CCP 425.12 PL3 Sl: I - SHORT TITLE: CASE NUMBER: ' BRENDA GAIL NIES VS. ROTHERN PACIFIC TRANSPORTATION C . ,ET AL v THIRD CAUSE OF ACTION—Premises Liability Page 6 (number) ATTACHMENT TO [ Complaint M Cross-Complaint (Use a separate cause of action form for each cause of action.) Prem.L-i. Plaintiff(name): BRENDA GAIL NIES alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff. On (date): December 8, 1983 plaintiff was injured on the following premises in the following fashion (description of premises and circumstances of injury): That on the date set forth herinabove, defendant did so negligentyl and carelessly own, possess, lease, operate, maintain, design, construct, repair, equip and control said defendant premises so as to make them dangerous, hazardous and unsafe; that defendant knew, or in the exercise of reasonable care should have known of such conditions; that knowing of such conditions, said defendant was further careless and negligent in failing to warn invitees, including plaintiff herin of such conditions. Prem.L-2. [ Count One—Negligence The defendants who negligently owned, maintained, managed and operated the described premises were(names): SOUTHERN PACIFIC TRANPORTATION COMPANY„ t - COUNTY OF CONTRA COSTA. �]Does 31 to 33 Prem.L-3. CRI Count Two—Willful Failure to Warn (Civil Code section 846) The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were (names): SOUTHERN PACIFIC TRANPORTATION COMPANY, COUNTY OF CONTRA COSTA Does 34 to 6 Plaintiff, a recreational user, was =an invited guest =a paying guest. Prem.1- 4. Count Three—Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were(names): SOUTHERN PACIFIC TRANPORTATION COMPANY, COUNTY OF ,CONTRA COSTA. Q Does 37_____ to38 a. The defendant public entity had ®actual =constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. b. CD The condition was created by employees of the defendant public entity. - Prem.L-5. a. ® Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names): ® Does 3 9--to 40 b. The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are r7 described in attachment Prem.L-5.b ®as follows(names): Does 41 to 45 Form APProved by the Judicial Council of California ' EffectiveJanuary112.V,1,1982 CAUSE OF ACTION—Premises Liability CCP 425.12 Ruta 9e2...,..,