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HomeMy WebLinkAboutMINUTES - 08201985 - 1.14 f J_Y CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) BICE TO CLAIMANTAugust 20 , 1 985 governed by the Board of Supervisors, ) The copy oft socument 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 wWarnings". Claimant: Southern Pacific Transportation Company Attorney: Lawrence P. Riff Address: Corrigar+ & Riff Southern Pacific Building Amount: One Market Plaza, Suite 83E,y delivery to clerk on San Francisco , CA 94105 Date ReceiRouitable Indemnity By mail, postmarked on July 20, 1985 July 22 , 1985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: July 22, 1985 PHIL BATCHELOR, Clerk, By OmAn OLGI,,0 J Deputy An Cervelli II. FROM.. County Counsel TO: Clerk of the Board of Supervisors (Check only one) O 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: ( ) County Counsel, (2 County Administrator I, ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present �Q This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the a.rd's rder entered in its minutes for this date. Dated: - PHIL BATCHELOR, Clerk, By o , 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. Youl,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 le a to Pr esent a late claim was mailed to "claimant. DATED: ? �fl -�� PHIL BATCHELOR, Clerk, By � , Deputy Clerk I, cc: County Administrator (2) County Counsel (1) rt CLAIM In the Matter of the C1aiimi of SOUTHERN PACIFIC TRANSPORTATION COMPANY Claimant, vs. . COUNTY OF CONTRA COSTA RECEIVED JUL ;22-r 1985- , - PHIL BATCHELOR CLERK B AND OF SU VISORS FRA COST Deut Relating to the Matter of BRENDA GAIL NEIS vs. SOUTHERN PACIFIC TRANSPORTATION COMPANY: SOUTHERN PACIFIC TRANSPORTATION COMPANY hereinafter SP hereb-, presents. this claim to the COUNTY OF CONTRA COSTA 1. The mime and post office address of 'she. clairant: 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 & RIFFSouthern Pacific Building, Oil Market Plaza , Suite 836, San Francisco, California 94105; 3. The date, place and circumstances of the occu ence 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 E.vsperior Court, case number 262984., copy attached. 4 . 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. a. `__^e name cr Names Of the _'-abli C e--..Dloyee or e_nployees caL,s_=1C the injury, da.:iace or loss , if known: i_^_e r.a;es cf any res_onsible -_-0-1_?C e: IOVeES are not known- at -"his t:Lme. 6. The amount cla?meC, as of the date of p2'esentati On Of the claim, including the estimated amount Of any pro- sDect've inju y, damace or loss , insofar as 1t may be kn04.°n at the tiSue Of the preSEntati On Ci C1aiI ,, t0- cether with the basisOf computation Of the amacunt claimed: Damages are noknown, a L -1 115 t1StE. DATED: f CORRIGAN & RIFF B ,'L c,l lax L NCE P. RIFF ttorney for Claimant SOUTHERN PACIFIC TRANSPORTATION CO.' � � 1�9A1119 AR9�Y��1 August 20, 1985 Claim Against the County, or District. ) NOTICE TO CLAIMANT 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". Claimant: Conroy Sims County Counsel Attorney: Melvin M. Belli JUL 2 G 1985 722 Montgomery Street Address: San Francisco , CA 94111 MMartrtinez, GA 94553 Hand delivenag Amount: $500 ,000. 00 and medical ex�y delivery to clerk on July Z4, 1985 and loss of wages Date Received: July 24, 1985 By mail, postmarked on _ I. FROM: Clerk of the Board of Supervisors TO: County Counsel ; Attached is a copy of the above-noted claim. r Dated: July 25 . 1985 PHIL BATCHELOR, Clerk, By t d1&.2 Deputy � n Cervel�i II . FROM: County Counsel T0: Clerk of the Board of Supervisors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. ( �) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so^notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 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 This claim is rejected in full. ( ) Other: I `certify that this is a true and correct copy of t e Board's Order entereT in its minutes for this date. J Dated: j _ PHIL BATCHELOR, Clerk, By , 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. i,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 le to present a late claim was mailed to claimant. DATED: t. PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM , CLAIM AGAINST THE COUNTY OF CONTRA COSTA BROOKSIDE HOSPITAL, WEST CONTRA COSTA--C�TY DF3TRICT 1 . CLAI*L'%NT'S Cl t!r (print) : CONROY SIMS I}L%NT'S 4614 Berk Avenue, Richmond, California 94804 (address) (City) (State) (Zip Code) 3. AX01:NT OF CLAIM $ 500 , 000 . 00 PHONE NO. 415-237-2631 4 . ADDRESS TO MiiIICH NOTICES ARE TO BE SENT, IF N/A RECEIVED RIFFERENT FROM LINES 1 and 2: (print) (Name JUL �I,1885 (Street or P.O. ox Numb"1 CHEIOR IERK 80AND or SUPFJV AR; CO F COSU .� (City) ( T.p Code) 5. DATE OF ACCIDENT/LOSS: May 6, 1985 _ 6. LOCATION OF ACCIDENT/LOSS: Brookside Hospital , Richmond, California i 7 . fiOW DID ACCIDENT/LOSS OCCUR: On or prior to May 6 , 1985, Conroy Sims became a paying patient of Con-fra os a Z-o`Tiit--br`oo s tra Costa County District, who undertook for a consideration, to hospitalize, 9 , g g��Fr�� �-UPon ^trete-dia nose care mor;p"ro risse�Y�t3- erf-ox'rtt--sur Conroy Sims' left foot, and as a result of .their failure to treat, -dDignose,—care for, �c� nd p�rftsrm-surgical �roceduress;-e armant, Conroy Sims, was caused to suffer- serious permanent personal injuries -r-eS-atttn-g -'n stab -of 11i-s - 8. DESCRIBE 1NJURY/DArLAGE/LOSS: Amputation of left foot, mental and physical pain, shock and suffering . 9. NAME OF PUBLIC a[PLOYEE(S) CAUSING INJURY/DAPL4CV LOSS, IF 1,N01•.'N:` Brookside Hospital —physicians and surgeons _ — whose names are not presently known. IU. ITMIZATION OF CLAIM (list items totalling amount set forth above) : General damages $ 5000000 .00 Medical expenses (continuing) $ presently unknown Loss of wages $ presently unknown I ¢ TOTAL $_ 500 ,000 .00 plus special damages presently unknown 1.1. Signed by or on behalf of Claimant --- -- MELVIN M. BELLI , for and on be�ia of Claimant, CONROY SIMS. 12. Dated: July 19 1985 . 722 Montgomery Street San Francisco, California 94111 415-981-1849 CLAIM ' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT August 20, 1985 governed by the Board of Supervisors, ) The copy oft s document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Michael J. Brower Con+lity E-OL•nSE Attorney: JUL 2� 1985 Address: 901 Court StreetIn transmittal +'Martinez. CR 5455 Amount: Martinez, CA 94553 By delivery to clerk on July 22, 1985 $10, 000 . 00 Date-Received: July 22 , 1985 By mail, postmarked on no postmark I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. 'Dated: July 22 , 1985 PHIL BATCHELOR, Clerk, By Deputy 1: '� II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) V) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: . Dated:=-- z.3 - g S' By: i_)J f< . �J.ZC 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 This claim is rejected in full. ( ) Other: I certify that this is a true and correct cop of th Board's Order entered in its minutes for this date. Dated: - PHIL BATCHELOR, Clerk, ByJ , 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. ( ) A warning of claimant's right to apply for le4iT to present a late claim was mailed to claimant. DATED: PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) CL.A2M CLAIM TO: BOARD OF SUPERVISORS OF CONTRA cR�WYapplicationto: Instructions to ClaimantC!erkofthiaoard 3'iy i/io 6 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 or this form. RE: Claim by )Reserve stamps MICHAEL J. B tOW R ; RECEIVED ) All i. d-;>'i 'J Against the COUNTY OF CONTRA COSTA) EMIL SATCNELO7 or DISTRICT) CLEAKGOARDOFSUPENYI as ONtF COSTA CO. (Fill in name ) e 00" The' undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ g 10.000.00_ and in support of this claim represents as follows: --------------------------- ---------------(Give-------exact-=--dateandho- --------ur]----' 1. When did the damage or injury occur? MY 20 1985 at approximately between the Hours of 2:00 pm, and 4:00pm. �. W�iere $id the :damage or in3ury occur? (-Include city and county) CONTRA. COSTk COUNTY'S CIAY70N HONOR FARM CLAYTON CALIF. 3. How did the damage or inury occur? (Give dull details, use extra sheets if required) On 5-20-85 Officer Richard Cullen of the Contra Costa. County Sheriff Department acting under Color of Authority was in the process of removing an Inmate from "All Dorm for a Rule infraction, Officer R.Culsen was violent and abusevie at this point and was throwing many personal items and bedding violently Officer Cullen then Harrow with intent to hit the Innate he was in the- Process q,� mgyjng ------- --:------------------T------------------------ �. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? The throwing of a pillow and later acusations and actions of Officer Culsen. (over) 5. What are�the names of county or district off•rs, servants or • employers causing the damage or injury? Sheriff's Officer Richard Cullen - Z----------------------------- - 6._ What damage or in0uries do you claim resulted? Give full extent of injuries or damages claimed. Attach two estimates foi auto damage) lbttitioner has suffered sever mental anguish and is now in fear Of all La w inforcement agencies, by the acts of this officer,: later actions of officer caused Petitioner to fear for his life. ------------------------------------------------------------------------- 7, How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) mere can be no actual amount set by the actions of county Officers when assult and threats are made, kettitioner feels amount asked is *amore than fair. ---- ----- ------------- - 8. Names and addresses of witnesses, doctors and hospitals. Dale Paver Clayton Rarm. County Doctor Diane last nape unknown woks for jail. 1 , ----- — —.. — —�T---------------------------- --r_—_--------_—_------- 9. List the expenditures you made on account of this accident or injury: T i a > ITEM AMOUNT i 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 Claims Signature 901 Court St. ?'artinez ca. 94553 Address Telephone No. Telephone No. ***w:,t**:,��,t,r*tet***tt*t**:*********rra•,t:tri******,e***trr***+r**:*****��******* NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, * or' to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, .is guilty of a felony. " 0 AT^ACHMTIdT # 3 COUT�'T. a standard pillow said Innate that was rent to be hit at that time ducked and Claiment who was an observer was hit in the face causing a nice Bleed and a lose front tooth, mans Inmates in the "Au Doan saw this and records Mr the date of 5-20-85 would be needed tol locate more wittnesses if neecbd. Also there were three other officers who saw this, A greveince was filed at the date of 5-20-85 stating above facts, and officer Gallager who was on duty in "All dorm filed an incedent report. Whish claiment ha s asked t'ie jail staff for a copy of incedent report, and also a report on i.nvestagative report. Which the jail reported that claiment ne^ded a court order to receive copy. # # # # # D-CLRA TION OF SUPFORT I I•TICHAFI, J. BRMq R DO S1,-7AR THE ABOVE TO Br TRUE' AND CORRECT TO THE B?ST OF YY P-,; LFDGF U]NDFR TH' PTNILTY OF PURJ R.Y. / — M TTD TIS /4- D9 Y OFJ,, /y 1985 '-L "1Ch7L J # # # # # OATH Or IDFNGTCY I;t I�iAEL J . BROWFR AM THF CIAIrHNT IN THE ABOv� I1 TILTFD ACTION AND S74r4R UNDER THS F�-i.TILFf Or PURTJURY THAT I HAVE N10 FU NB FOR A11Y FII,17ING F'TFS OR OTTIER COST THAT T-TIGHT BF I?F"DFD IN 21IS ACTI N. D' trD TI IS �d" D'=Y' OFJ,;/Y1985 /s/ � �'e / (_� ':tx;•f. W „ Y7ICJL4FL J ROT R # rr i; n # �� R7�w- TM T FOR COURT APPOINTED COUNSFI, I ATICH4-rL J BROI•-PR A?? q!7- CIAIT F'NT IN T-q- ABOVE FNTILTED ACTION AND AT4 WHOLPY riITH OUT FOi"r;� TO HIR' AN ATTOFJFY AND WOULD YOV7 THF COURT TO APAiINT COUT67FL FOR MY CLAD' AT THIS TI1,9F. i DA T"D, T3IS /4�-DAY OF985 /s rrI CTI�I 7L J. -,x0'.^T R ' CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as ex-officio as the Governing Board of the West BOARD ACTION County Fire Protection District August 20,1985 Claim Against the County, or District ) NOTICE TO CLAIMANT .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". "Claimant: Alfred D. Compton Jr. COuity Counse 31 Arlington Avenue Attorney: Kensington, CA 94707 JUL 2 µ 1985 Address: - Martinez, CA 94553 Amount: ,$894. 00 By delivery to clerk on Date Received: July 23 , 1985 By mail, postmarked on July 22 , 1985 I. FROM. Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. Dated: July 23 , 1985 PHIL BATCHELOR, Clerk, Byg Deputy Ann Cervelli II. FROM: County Counsel Til: 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 claimants right to apply for leave to present a late claim (Section 911.3). ( } Other: Dated: -� 3 '� ; By: 2:2"'.44Z - Deputy County Counsel O 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 This claim is rejected in full. ( ) Other: I certify that this is a true and correct cop of th Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By , 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 T0: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed andendorsed on the Board's copy of this Claim in accordance with Section 29703• ( ) A warning of claimant's right to apply for leave to resent a late claim was mailed to 'claimant. DATED: .f_aco TSS PHIL BATCHELOR, Clerk, By " , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM C�,AI•N. :TO: BOAOOF SUPERVISORS OF CONTRA STA COUNTY Instructions tc Claimakn , •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' ohe year after the eccrual'yof the cause of ..act,ion. (Seg. - 9,.11.2,�,'GoYt-....Cod@)•. > �... * q. 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 ,* .CA 94553 (or jta-i1: .-to_P. . O,'' Box 911';' Martinez, CA) C. If claim is against a district governed by the Board. of, Supervisors , rather than the County, the name of the District should. be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved or Clerk' s filing 5tamps RECEIVED ' ) JUL ,-2 l Against the COUNTY OF CONTRA COSTA) POLL CATCNEIOR or �p 1�R DISTRICT) acR BOARD f SUPERVISORS NTRA O TS A CO.i By .. . . . .. . .. .......... Deputy Fill ift name) ) The undersigned claimant. hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 89#. an and intsupport of this claim represents as follows: 1. Whendid the damage or,'i.njury occur? (Give exact date and hour) �4► 985 Ad�w� !Z ran A"-K ----- =---ice-- w---------------------- --------------�----------- 2. Where did the damage or injury occur? (Include city and county) �,,,"r `' !� �.B,,.t�.w. .�- Q.wd �tn-d e►�- &4rd, F*0V*W.4d• &4 4,06 4;& de ---=-------------------------------------------------------------------- 3. How did the damage or injur occur. (Give full details, use ext�-ra sheets if required) /aI H,,g af• s�i�V�, �sf►+�K sed ,, '�;F. ,rr,.�'0 r- - - - 04_x' - 4. wh particul r actor omission on he part of county or Yii., I� t officers , servants or-.fiemployees caused the injuryy or da�:u�age>.? 5. Rhat are the •name•of county or d<i atrict laf xa,' aervanta kar employees causing the damage or vjury? .:.�.... --------------- -- ------------- 7 —_—S---—---—r —-- —r—r — --r—————— ' chat .damage or injuries do you claim resulted? ZGive u�_I "eattent of� injuries or damages c aimed. Attach two estimates for ,auto damage) Ke • •4.'%y *40 A*4%- ----- -----= - -e----------------------------- 7. Ho was th-e--amount- -----claimed--------above-----comp----uted? (Include the estimated amount of any prosp�ec�tive injury or damage. ) 1 / ------------------------------------------------------1--1---------------- 8. Nttam��e__s__ and addresses of witnesses, doctors and hospitals. Imo• zrF ��rs-� g----------------------------------------------------- 9. �isrt=! 'e expenditures you made on account of this accident or injury: 1 CJ � ITEM .:�;. '. 4 • AMOUNT A. % t i * **ir'*•i�ik.#di*s*#'r/c.k'i'i�k#';k*�*********y�****'. .sr •k******,k*tr,************.*ir,************ Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: •,� Attorney) or by some person on 4is behalf. " Name and Address of Attorney la ma t' Si af- '. r Addr ss A . ? r7 > � Telephorre No. '. . ` Telephone, N0. '..n5,3 f/1 ;.t_ .. NOTICE \Section 73 of .the ..Penal_.Code ,provides, 3r i}- ' '.,Every,'persbn'• who, wit�hm.intent to defraud, �prese t,enta; ffar!,allowance or Is 7 ,. . .. .. dor gaymerkt .to any •state 'board 'tr o£'ficer,� or "to any cou'n'ty, town, . city , . .. . ." district, -,ward or village board or officer, authorized to allow or pay same if genuine , any false or fraudulent claim, bill, account, voucher, or writing, ,is guilty of a felony: " t .,.. . .. ,.',. s i,.,. ..e. '}; �i". .�.�' ::•(.,a ray • •S 5 t yt p. •AA ESTIMATE OF REPAIRS • 10551 SAN PABLO AVENUE as EL CERRITO, CA 94530 • (415) 525-4746 REGISTRATION No.AJO97710 DATE —g�OWNER�O/`/ l D'y L f_'4' Lr APPRAISER PHONE NO. / � � 2 LOCATION OF CAR MAKE 1-2 ^7 YEAR 177 STYLE4�•MODEL •��' `fib�—` r� LIC.NO. �/ylfC� MILEAGE CONDITION Symbol FRONT Labor S Labor Mrs. Pana Symbol LER Labor i Labor Mrs. Parts Symbol RIGHT Labor i Labor Mrs. Pan Bumper Bumper Fender,Fri. Fender,Fri. Bumper Frt.System Fender Midg. Fender Mldg. Frame Headlamp Headlamp Headlamp Door Headlamp Door ' Wheel Cowl Cowl Windshield Door,Front Door,Front Shock Door Mldg. Lower Panel Center Post e_ 1 or Mldg. Door,Rear Park.Light Center ost Red.Grille,Ctr. Door Mldg. Door,R ar Rocker Pan Rocker MI j L/ D r Mldg. ocker Panel Frame Rocker Midg. Quar.Panel Frame Quar.Midg. Quar.Panel Ouar.Mldg. Lock Plate,Lc Lock Plate,Up. Hood Top Hood Hinge REAR Hood Midg. Bumper / , a e Bumper Brkt. MISC. Rad.Sup. Bumper Gd. Red.Core Top Anti-Freeze Lower Panel N J Floor Fan Blade —Trunk Ll Trunk Water Pump Tail Light Paint �, ci , Frame 1 p RECAPITULATION OPEN ITEMS: Labor Hours./.../.........at ..3.>S.. c.$�.� .'.�D It the customer wishes to claim used and/or damaged parts,please check this box O f tJ I hereby auth orize the repair work listed to be done along with the necessary parts and materials. Parts&Material..........Less Disc.................$ .................... My car wil I be driven by your em pioyees to make required tests at my risk.An express mechanics lien is hereby acknowledged on above car or truck to secure the amount of repairs thereto. Sublet&Net Items...................................$ ........ I hereby waivethe Statute of Limitations and if anyaction onthis account requires employment of SALES TAX ..........................................$ ... �.3.>... .. an attorney,I agree to pay 1'h%interest per month which is an annual percentage rate of 18% from date,reasonable attorney's fees and court costs.Storage will be charged 48 hours after TOTAL $ $.3• � repairs are completed.Not responsible for loss or damage to cars or articles left in cars in case of fire,theft,accident or any other cause beyond our control. SYMBOLS:A—Align; N—New; S—Straighten or Repair; OH—Overhaul Authorized by X CP130 Rev.6/5-85 ESTIMATE OF REPAIRS RANDY'S AUTO BOD-A 1612 GE�ASTSHDOR�/Ev1 B�//L/��VD1. / ELC�LERRITO, CA 94530 / (41 5) 235-6769 DATEr_ �OWNER j j1 ,_Pf l 6^ti 40 /Oh APPRAISER PHONE NO. J LOCATION OF CAR '�� �1^/IG/ON, GtMgKE f I Qt YEAR , STYLE MODEL 2 IF ♦ o LIC.NO. MILEAGE - CONDITION Symbol FRONT Labor$ Labor Nn. Parts Symbol LEFT Labor S Labor Hrs. Parts Symbol RIGHT Labor S Labor His. Part Bumper Bumper SM. Fender, Frt. Fender, Frt. Bumper Gd. Fender Shield er Shield Frt.System Fender Mldg. Fende Mldg. Frame Headlamp Headlamp Headlamp Door Headlamp Door ' Wheel Sealed Beam Sealed Beam Hub Cap Cowl Cowl Knuckle Windshiel dshield Lr. Cont.Arm Door,F nt tDooil Front Up.Cont.Arm DoorBbQjr Shock Tie Rod (Oor Mldg. Door Handle Steering Wheel Center Post Door Mldg. Gravel Shield Door,Rear Door Handle D Park.Light Door Center Post Rad.Grille,Ctr. Door Mldg. Door,Rear Rad.Grille,Side Rocker Panel V.Door Grille Mldg. Rocker Mldg. or Name Plate Floor R k a Frame R c to . Dog Leg Flo Quar.Panel ra e _ Ouar.Mldg. Panel Quar.Glass Qua .Mldg. ss+ Lock Plate,Lr. ,r Lock Plate,Up. Tv / Hood Top Hood Hinge R R Hood Mldg. roper �- Ornament Bu per Brkt. MISC. Rad.Sup. Bumjtqr Gd. Front Seat Rad.Core G avel ield Top Anti-Freeze ower Pan (A Tire %Worn Rad,Hoses Floor Q Fan Blade Trunk Lid Battery Fan Belt rusk Water Pump ail Light slot �O Tail Pipe Gas Tank Frame RECp'p�ZU TION ,(��(' 4 SYMBOLS: Labor Hours ..../8!. ....at .J. -IM........... S. //�r-..i.O•JO. A—Align; N-New; S-Straighten or Repair; OH-Overhaul Parts 8 Material ..................Less Disc. ................ S.3.i! 7..341. Sublet&Net Items .......................................... 5.......Q.. .. SALES TAX ................................................. $.0. Authorization to repair TOTAL 0 CLAIM .r BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT August 20 , 1985 governed by the Board of Supervisors, ) The copy of this document mailed to you is your- Routing ourRouting 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: City of Lafayette Attorney: Jeffrey R. Siegel Gibbons, Lees & Schaefer Address: 1601 N. California Blvd. Walnut Creek, CA 94596 Amount: Indemnity and contributionBy delivery to clerk on Date,Received: July 24, 1985 By mail, postmarked on July 23 , 1985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: July 25 , 1985 PHIL BATCHELOR, Clerk, By 0ADeputy arm Cbr -elli 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. FROM: Clerk of the Board TO: ) 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 1�4 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: , .gam PHIL BATCHELOR, Clerk, By c , 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• ( ) A warning of claimant's right to apply for lea top sent a late claim was mailed to claimant. DATED: r,-:)Lo_$S PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM RECEIVED PHIL OATCHELOR CLAIM AGAINST THE COUNTY OF CONTRA COST CLERIC©OARO OF SUPERVISORSQNTR COSTAc ... Deputy TO BOARD OF SUPERVISORS , COUNTY OF CONTRA COSTA, 651 Pine Street Martinez , California 94553 RE: Claim for Indemnity and Contribution Government Code Sections 900 , et seq. The CITY OF LAFAYETTE hereby makes claim against the County of Contra Costa for indemnity and contribution and makes the following statements in support of this claim: 1 . Claimant - City of Lafayette, 251 Lafayette Circle , Lafayette, CA 94549 2. Notices - Notices concerning this claim are to be sent to: Jeffrey R. Siegel , Gibbons, Lees & Schaefer, 1601 N. .California Blvd. , Walnut Creek, CA 94596 3. Occurrence Giving Rise to Claim - A complaint for personal injuries was filed against the claimant arising out of an automobile-bicycle collision which occurred on or about October 8 , 1984 , at the intersection of E1 Nido Ranch Road and Upper Happy Valley Road in Lafayette. It is claimant ' s con- tention that the County of Contra Costa, under contract with the CITY OF LAFAYETTE, was performing road work at that location at the time of the accident. Therefore, the COUNTY OF CONTRA COSTA created any dangerous condition which may have existed and may have proximately caused the accident. The claimant therefore, claims that it is entitled to indemnity and/ or contribution arising out of any injury sustained or damages recovered by the plaintiff . The above mentioned lawsuit was filed in the Superior Court of California, County of Contra Costa, Action No. 271637 , the complaint in which is hereby referred to and incorporated, without admitting as true any of the allegations contained therein. Said complaint was served on the CITY OF LAFAYETTE on June 20 , 1985. 4 . Identity of Public Employees - At this time , the names of public employees causing. the damage are unknown . 5 . Damages and Injuries - Unknown at this time. DATED: July 22 , 1985. I �. JEFF E ; R. ;SIEGEL 1 J AMENDED CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMAN'p AuCl 2.0, 1985 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". Claimant: Jack Ryan County Counsel Attorney: Robert B. Lueck AUG 0 y 1985 Boorna-zian, Jensen & Garthe Address: P. O. Box 12925 CA 94553 Oakland, CA 94604 Martinez, Amount: By delivery to clerk on Unspecified Date Received: August is , l v 8 5 By mail, postmarked on August 7 . 1 V 8 5 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: August 8 . 198MIL BATCHELOR, Clerk, By Deputy Min' Cervelli II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: / By.- Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDERy unanimous vote of Supervisors present ( This. claim^is rejected in full. ( ) Other: I certify that this is a true and correct copy f the ard's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By Lo , 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. ( ) A warning of claimant's right to apply for leav to pre ent a late claim was mailed to claimant. DATED: f,?-0-cX5 PHIL BATCHELOR, Clerk, By , Deputy Clerk ce: County Administrator (2) County Counsel (1) M ATM LAW OFFICES OF BOORNAZIAN, JENSEN & GARTHE JAMES G.BOORNAZIAN A PROFESSIONAL CORPORATION OAKLAND OFFICE ROBERT E.JENSEN DAVID J.GARTHE P.O.BOX 12925 1504 FRANKLIN STREET ANDREW R.ADLER OAKLAND,CALIFORNIA CHARLES I.EISNER OAKLAND, CALIFORNIA 94604 GREGORY J.ROCKWELL TELEPHONE (415) 834-4350 ROBERT G.CROW - PHILIP Y. KAZAN SAN FRANCISCO OFFICE WILLIAM T.MULVIHILL August 7 , 1985 131 STEUART STREET,SUITE 300 WILLIAM D.PAOLI ROBERT B.LUECK P.O.BOX 7119 JOSEPH N.DEMKO STEPHEN D.FRASER SAN FRANCISCO,CALIFORNIA 84120 ANN M.ASIANO TELEPHONE(415)541-9000 LOUIS A.LEONE GAIL C.TRABISH RONALD W.CARTER OAKLAND KEVIN T.KERR STEVEN R.RHOADS GREGORY J.GOODWIN E.AL MITCHELL DARYL A.ROBERTS �+ CAROLYN M.BERRAKATHLEEN E. ♦1L�J p/� 1J eT, CONSTANCE M.MG NEFEE Rr � V tl 4 1 G.KEVIN MALLETT _ 4, V Jiiu/// NANCY A.HUNEKE JASON F.LAUREN SUZANNE L.YAMAMOTO O ' Clerk, County Board of SupervisorsCFMII A7C4cLC'7 County of Contra Costa ;t}K�oAR COyTN. COSTA RVICA> ��C E County Administration Building �' Deputy P. O. 69 Martinez, CA 94553 RE : Camino Diablo Group v. The City of Walnut Creek, et al . ; Contra Costa Superior Court No . 273 373 ; Our file #11354 Dear Clerk : With reference to the above-entitled action, and pursuant to your request of July 23 , 1985 to Robert Lueck, enclosed please find a copy of plaintiff ' s Complaint . Thank you very much for your cooperation in this matter . Very truly yours , BOORNAZIAN, JENSEN & GARTHE .— saa� Sandra J . Zadorki Secretary to ROBERT B . LUECK Enclosure SUMMONS XnA .. wr oparr ros am I~ TICE Tn DEFENDANT. (�J►$aa m A�. sado) ��acosrumart, THE CITY OF WALNUT CREEK, a municipal corporation; THE COUNTY OF CONTRA COSTA, a municipal corporation; 14-ICILAEL and JOANNE BERTINO, individuals; JAMES REED, an individual ; DYER-BENNE'T, Lj individuals; McLEAN-BLANK, individuals; RYAN, an individual ; PURCELL and MARSHALL, as individuals; JO11N and MARY ANN BUSTER, as individuals; DOES 1 through 30, inclunive. YOU ARE.BEING SIDED E'f PI-kO f W: �A Ind k eW ao rairdnndi)) CAMINO DIABLO GROUP a California partnership You firm 30 G4C,EFJDt1R DA;?t::ter OiS Lames- Q:esy u&s r de que k entreyrarn esta cit"Mn judicial ug-td mono Is sac%vd an you to t&a a typo"d2xvn to- &-r o un plaao de 30 DIAS CALENDAMOS para pmwafar tponta et tth etaarl. rr:u mspuesla cycrfta a mdqubij cn CX& ca4e. A bttw or ph*no call V-0 nM1 ptertect Vora: %rat.a flats esrta v una Zmadr tedr&uca ao k er(remrd typowritton raaponr* n'asot bo to p:tr 49sf praecc&5g, tats reirrmata em7fto a mJqulne time que form " psw want tho =X1 to tr+yr q®aar aa>»ao. cumplir con las lomnxUa es kjiks epmpcadm d uste+d a you do pmt tis Vols roopon"an signs,you rAV1 quk-re gaar b cwte ftmchr au aceta loos the eoQo, and yew woaoo, tnsarm wW pm- $f u<rd rro pmsenfar su a fierrt a powder �y may be tzkon%!vhhout turdtarr wnvrebs�hum d rasa 1r k pw.drn qu)targv saU64 Sts d e y ofts cams ow est. ar su prnpaed ad sin r iso adkikmd por parte de la"vie. Yhara cavo other Watt rvgtrlrsrneay13. 1bu rmaq EXIMerr otrva requlf*05 lrZr:6M Poode pe usted quina want to col an L wnay right mvw. N you fro not Planer a un aboSado inmedi.t!sma-nfe. Sr w noa nm a un krbcw an stt moy,you mpy caa.t en o;cavrN rofor- allo?;zdc; p:arde ktamar o tan txvvicio * mrcrencis a 2 rot oarvka w a to+ot ofd atr" Mated in tha Phan a!r rptdos o e uns u st-int d.•aytedi k-9d(ecu el dirc<10 so book). I�trfaiasico). Ths norne and oddmu of sho const fa: (n'/nornbm y dmoccidn de to ante es) ! ,3 j r .3 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA P.O.'Box 911 Martinez, California 94553 'tto nmmq oddrots, and tascphor* r..KnbV of plaintM'e VnoffVy' ter p444iff wrhhean an a,ttrarrorl. tr rFl nembre, 4 direcb6n y c^t nJffw v de relElGw del abolgado drl rkmwndanm o d>l demandanre que no (jr.0 sbopdo, es) Michael P. Walsh FITZGERALD. ABBOTT 6 BEARDSLEY 1330 Broadway, 17th Floor Oakland, California 94612-2557 (415) 451-3300 or(T>:• JUN 1 0 1985 {: ►; �';-��1 , -� Deputy ffvrAe) t4cfwna rcu�o.eo, kOTICE TO %E PERSON UMW: 1199 ns twvcl 1. enn an Ivtdtviduvl &la idmil. t to tha pwwn visa undw Ow fictttiaao home of V): 1 en betic" of ftme v: uadsr R, CCS'412.10 toypwStiml CCP 419.40 (rrd ml CCP 418.20 W-unst corpotuton) j CCP 418.70 fconsarvatso) CCP 413.40 W-sociativn or p rvowzh�p) CCP 418.00 ("ivkkml) a4w: 4. 0 by p=cnzl daiwasy on fxtC+ra): e�. - ,. est ,,. ,...... >... 4 _• ^___.._., r - 1 and personal prof. , and as a result of such dmmnge, ntiff has had to spend time, 2, labor, energy . 64orey to remedy such damage. Atiff has sustained damages 3 proximately caused by such negligence, according to proof at time of trial, but in an 4 amount believed to be in excess of $750,000.00. 5 S0. At all times relevant hereto, plaintiff did take every reasonable 6 effort to prevent loss and damage to their property, and, plaintiff has also taken every 7 reasonable effort to mitigate any further damage and loss to its property. 8 WHEREFORE, plaintiff prays for judgment against defendants, and each of 9 . them, as follows: 10 1. A mandatory injunction compelling defendants to repair and 11 maintain their properties in such a manner as to protect plaintiffs property from any 12 further harm, and to restore plaintiffs land to its condition prior to landslide; 13 2. For general, special and consequential damages according to proof, 14 but in an amount not less than $750,000.00; 15 3. For special damages for the diminution of the value of plaintiff's 19 land and property according to proof at the time of trial; 17 4. For reasonable attorneys' fees and costs. and expenses of litigation 18 according to proof; and 19 5. For such other and further relief as the court may deem just and 20 proper. 21 DATED: June 1985. Y2 FITZGERALD, ABBOTT & BEARDSLEY 23 By 24 Michael P. Walsh Attorneys for Plaintiff 25 26 27 28 14. tl NINTH CAUSE, OF ACTION �Neglil;enee 2 As and for a separate and distinct ninth cause of action, plaintiff complains 3 against defendants, and each of them. wid alleges 4 45. Plaintiff realleges and incorporates by reference each and every 5 allegation contained in paragraphs 1 through 44, inclusive, herein. 6 4.6. At all times relevant hereto, defendants Walnut Creek, Contra 7. Costa, Reed, Dyer-Bennet, McLean-Blarik, Ryan, Purcell and Marshall, Bertino Buster 8 and Does 1 through 30, inclusive, owed n duty to plaintiff to maintain, design, develop 9 and construct each of their respective properties, as described herein, in such a manner 10 as to avoid any harm or damage to plaintiff. 11 47. At nIl times relevant hereto, defendants Walnut Creek, Contra 12 Costa, Reed, Dyer-Bennet, McLean-Blank, Ryan, Purcell and Marshall, Bertino, Buster 13 and Does 1 through 30, inclusive, did negligently and carelessly maintain each of their 14 respective properties as described herein so as to allow uncontrolled water drainage 15 from their propertie-: onto plaintiffs hill, thereby causing the hillside to become 16 unstable and slide, causing damage and loss to plaintiff as described herein. 17 48. At all times relevant hereto, defendants, and each of them named 18 herein and in particular, defendants McLean-Blank did negligently plan, design, 19 construct and maintain artificial structures, including an asphalt driveway section 20 crossing Hilleroft Way leading into the driveway of the McLean-Blank properties 21 described herein as 160 Hilleroft way, thereby creating unnatural water diversion and 22 drainage from each of the respective parties onto the slope of plaintiffs property. This 23 unnatural water diversion and drainage onto such hill did cause the hillside to become 24 unstable and slide, thereby causing damage and loss to plaintiff'as described herein. 25 49. As a direct and proximate result of the negligent acts of defendants 26 and each of them, as described herein, plaintiff has suffered damage and loss to its real 27 28 13. i 1 WHEREFORE, plaintiff prays for judgment against defendants, and each of 2 them, as hereinafter set forth. 3 EIGHTH CAUSE OF ACTION (Negligence in Manufacturing 2770 Camino Diablo, Walnut Creek) 4 As and for a separate and distinct eighth cause of action, plaintiff 5 complains agr.inst defendants, and each of them, and alleges 6 42. Plaintiff realleges and incorporates by reference each and every 7 allegation contained in paragrnphs 1 through 41, inclusive, herein. 8 43. Plaintiff is informed and believes and based upon such information 9 and belief alleges that defendants, and each of them, failed to exercise reasonable care 10 , in the manufacture of 2770 Camino Diablo, Walnut Creek, Contra Costa County, 11 California, which subsequently became defendant Bertino's property, and failed to 12 exercise reasonable care and the manufacture of a substantially completed structure 13 thereon by, among other things, causing or permitting the manufacture of 2770 Camino 14 ' Diablo and the construction of the structure thereon without stabilizing and taking all 15 other reasonably necessary precautionary measures to insure the stability of the slope 16 on plaintiff's property when it was reasonably foreseeable that such slope was in a . 1.7 defective condition and would become saturated and. would fail, move and slide, thereby 18 causing substantial damage thereto; and further failed to exercise reasonable care in 1s designing locating and constructing the structure on defendant Bertino's property by 20 situating it in such a location as to create a dangerous and hazardous condition, as 21 " alleged in this complaint. 22 44. As a direct and proximate result of negligent manufacture of 2770 23 Camino Diablo, Walnut Creek, Contra Costa County, California, and the substantial 24 construction of a structure thereon, the, real and personal property of plaintiff was 25 damaged,and injured when plaintiffs slope failed; moved and slid. 26 WHEREFORE, plaintiff prays for judgment against defendants, and each of 27 them, as hereinafter set forth. 28 12. i 1 leave of this court to amend this complaint according* to that information and such 2 defendants are sued in this cause by .such common and corporate name and, as 3 individuals. 4 40. Plaintiff is informed and believes and based upon such information 5 and belief alleges that the defendants named in this action, together with defendants 6 Does 1 through 30, inclusive, manufactured the development which include the 7 properties as dcs,cribe:d hereinabove and 2770 Camino Diablo, Walnut Creek, Contra 8 Costa County, California. Such defendants manufactured these properties by, among 9 other things, financing suveying, subdividing, engineering, supervising, cutting, grading, I 10 grading adjacent property, filling, compacting and creating building pads on .defendants' 11 properties and by designing, locating and substantially completing structures on 12 defendants' properties and at the same time, such defendants also manufactured other 13 lots and residences in the development to sell to the public, knowing that if said lots 14 and residences were defective, it would cause damage to improvements and injury to 15 persons on such lots and in such homes; that the manufacturing process was defective 16 and that the effect of the product created upon defendants' properties was defective in 17 that, among other thing", the defendants named in this cause of action, and each of 18 them, failed to stabilize plaintiffs property; and designed, located and constructed a 19 structure on defendants' properties in such a way as to create a dangerous and 20 hazardous condition on plaintiffs property by creating an unstable slope, as alleged in 21 this complaint. Plaintiff had no knowledge of such defective manufacture of 22 defendants' properties nor was such defect visible or reasonably apparent. 23 41. As a direct and proximate result of the defective manufacture of 24 the development and of the substantial construction of a residential structure thereon, 25 the real and personal property of plaintiff was darnaged and injured when the slope on 26 plaintiff`s property failed, moved and slid in downhill direction. 27 28 11. 1 WHEREFORE, plaintiff prays for judgment against defendants, and each of 2 them, as hereinafter set forth. SIXTH CAUSr OF ACTION 3 Trespass 4 As and for a separate and distinct sixth cause of action, plaintiff complains, 5 against defendants, and each of them, and alleges 6 36. Plaintiff realleges and incorporates by reference each and every 7 allegation contained in paragraphs 1 through 35, inclusive, herein. 8 37. On or about January 20, 1983, defendants defendants Walnut Creek, 9 Contra Costa, Reed, Dyer-Bennet, McLean-Blank, Ryan, Purcell and Marshall, Bertino 10 and Brister together with Does I through 30, and each of them, without plaintiff's 11 permission or consent, wrongfully caused or allowed large quantities of water, mud, 12 I earth and debris and other material located in, on or about such defendants' property to 13 flow, slide and fall upon plaintiffs property. 14 I WHEREFORE, plaintiff prays for judgment against defendants, and each of 15 them, as hereinafter set forth. 16 SEVENTH CAUSE OF ACTION 17 (Products, Liability and Manufacturing Development) As and for a separate and distinct seventh cause of action, plaintiff 18 19 complains against defendants, end each of them, and alleges 20 38. Plaintiff realleges and. incorporates by reference each and every 21 allegation contained in paragraphs 1 through 37, inclusive, herein. 22 39. Plaintiff is informed and believes and based upon such information 23 and belief alleges that at all times mentioned herein, defendants Does 1 through 5, 24 inclusive and Does 26 through 30, inclusive, and each of them, have been associated as 25 partners and transacted business as partners under a common and corporate name 26 unknown to plaintiff at this time, and when such name is ascertained, plaintiff will ask 27 28 1 u. 33. Plaintiff is informed and helieves and based upon such information 2 and belief alleges that the defendants named in this caw a of action were responsible 3 for, and, in fact, designed, inypected, graded, managed, maintained and controlled such 4 development and property including the slope adjacent to plaintiffs property. 6 34. Plaintiff is informed and believes and based upon such information 6 and belief alleges that the defendants named in this cause of action negligently and 7 improperly designed, inspected, graded, managed, maintained and controlled. said 8 development, property and slope by, among other things, improperly placing or allowing 9 to be placed, or allowing to remain at such slope, improperly compacted debris, earth 10 and fill; by failing to stabilize such slope when it was reasonable to expect and was 11 reasonably foreseeable that water would be collected, accumulated, concentrated, 12 diverted and redirected by the development, property and its drainage devices and 13 structures, which would then carry such water to the slope where it was foreseeable 14that substantial water- would flow over, onto and into such slope in such a manner and at f 15 such location that it was reasonable to expect and was reasonably foreseeable that the 16 slope would become saturated and liquify and, as a result, fail and cause substantial 17 amounts of mud, earth and debris to slide on plaintiff's property and cause substantial . 18 harm to plaintiffs real and personal property. Notwithstanding, at no time prior to, or 19 on or about January 20, 1983, did the defendants named in this cause of action or any of 20 them take any steps to prevent the escape of such material from such defendants' real 21 property to and upon plaintiff's property. 22 35. As a direct and proximate cause of the acts and omissions of 23 defendants as alleged herein, and each of them, such steep slope on plaintiffs property 24 failed on Jonuary 20, 1983, causing substantial amounts of mud, earth and debris to 25 slide onto and over plaintiffs property destroying and damaging plaintiffs real and 26 personal property. 27 28 9. 1 28. Such improvements, desi{rn and construction alleged herein were a substantial factor in causing the saturation and liquefaction of the steep slope on 2 plaintiffs property which thereupon failed, causing substantial amounts of mud, earth 3 and debris to slide onto and over adjoining property, destroying and damaging 4 5 improvements thereon, including causing substantial damage to both plaintiff's real and 6 personal property. 29. By reason of the matters alleged herein, plaintiffs real and personal 7 property have been taken or damaged for public use in an amount to be proven at trial. 8 9 30. Plaintiffs have retained the law firm of Fitzgerald, Abbott do 10 Beardsley to commence and prosecute this action, including this inverse condemnation cause of action, and thereby and therefore have incurred and will continue to incur 11 12 attorneys' fees, expert fees, engineering fees, and other litigation expenses in an 13 amount presently unknown; and when. such amounts are ascertained, plaintiff will ask 14 leave to amend this complaint to allege the true amount thereof. 15 WHEREFORE, plaintiff prays for judgment against defendants, and each of them, as hereinafter set forth. 16 FIFTH CAUSE OF ACTION 17 (Negligent Design, Inspection, Gradings, Management and Control of Development and Property) 18 19 As and for a separate and distinct fifth cause of action, plaintiff complains 20 against defendants, and each of them, and alleges 31. Plaintiff realleges and incorporates by reference each and every 21 22 allegation contained in paragraphs 1 through 30, inclusive,'herein. 23 32. Plaintiff is informed and believes and based upon such information 24 and belief alleges that defendants Walnut Creek and Contra Costa together with Does 1 25 through 30 on January 20, 1.983, at some time prior thereto, had an ownership interest 26 in the development and the properties . as described hereinabove, which include 27 2770 Camino Diablo, Walnut Creek, Contra Costa County, California. 28 8. I! Buster and Docs 1 through 30, inclusive, Carelessly, improperly and negligently • 1 designing, grading, constructing, inspecting, maintaining and repairing the development, 2 including the properties as described hereinabove, together with the drainage devices 3 and structures associated with such development, the waters have been diverted to 4 accumulate and concentrate in such way that the steep slope on plaintiffs property has 5 failed, causing substantial amounts of mud, earth and debris to slide on plaintiff's property. Said movement has substantially damaged and destroyed plaintiff's personalty 7 in and about its property. 8 WHEREFORE, plaintiff prays for judgment against defendants, and each of 9 them, as hereinafter set forth. 10 FOURTH CAUSE OF ACTION 11 (Inverse Condemnation) 12 As and for a separate and distinct fourth cause of action, plaintiff 13 complains against defendants, and each of them, and alleges 14 26. Plaintiff realleges and incorporates by reference each and every 15 allegation contained in paragraphs 1 through 25, inclusive, herein. 16 27. Plaintiff is informed and believe and based upon such information 17 and belief alleges that at some time prior to January 20, 1983, defendants Walnut Creek 18 and Contra Costa deliherately designed and authorized construction of a gravel access 19 roadway extending westerly from Hillcroft and deliberately designed and authorized 20 construction of Hillcroft Way. Both roadways, because of their improper design and 21 grading, substantially contributed to the diversion of natural waters onto the subject 22 slope, thereby causing it to become unstable and fail as described herein. . Plaintiff is 23 presently unaware of the exact nature of the respective ownership interests of 24 defendants Walnut Creek and Contra Costa and Does 1 through 10, inclusive, in 25 Hillcroft Way and adjoining access roadway, but when such exact interest has been 26 ascertained, plaintiff will ask leave of the court to amend its complaint accordingly. 27 7. 28 I repair and maintain their properties in such a. manner as to prevent the landslide on 2 plaintiffs property and restore the same to its natural condition or that they provide 3 proper facilities to prevent a,landslide flowing or caused by their property. Defendants refused and still refuse to comply with such demand. 4 5 22. Defendants', and each of their, failure to correct and maintain their 1'6 properties in such a manner as to avoid the nuisance and trespass of earth and diverted waters on plaintiff's property, a breach of legal obligation, and plaintiff is thereby 7 8 entitled to an injunction pursuant to Section 731 of the Code of Civil Procedure to 9 compel defendants to repair and maintain their properties. 10 WHEREFORE, plaintiff .prays for judgment against defendants, and each of them, as hereinafter set forth. 11 THIRD CAUSE OF ACTION 12 (Diversion of Waters from Natural Water Course) 13 As and for a separate and distinct third cause of action, plaintiff complains 14 against defendants, and each of them, and alleges 15 23. Plaintiff realleges and incorporates by reference each and every 16 allegation contained in paragraphs 1 through 22, inclusive, herein. 17 24. Prior to the grading and construction of the development which 18 includes 2770 Camino Diablo and the properties as described above and prior the 19 construction of the drainsge devices and structures associated with such development, a 20 substantial amount of the natural drainage waters of the country flowed in and was 21 carried by natural channels and water courses among, .through and from the hills, 22 canyons, mountains and other areas adjacent to plaintiffs property, which natural 23 channels and water courses did not flow toward, onto or over the property which 24 became plaintiffs property. 25 25. As a direct and proximate result of defendants Walnut Creek, 26 Contra Costa, Reed, Dyer-Bennet, McLean-Blank, .Ryan, Purcell and Marshall, Bertino, 27 28 6. which thereupon failed, causing substantial amounts of mud., earth and debris to slide 2 I onto and over plaintiffs property, destroving and damaging said terrain, including 3 substantially damaging and ,`destroying plaintiffs personalty in and about plaintiff's 4 property. 5 WHEREFORE,, plaintiff prays for judgment against defendants, and each of '6 them, as hereinafter set forth. SECOND CAUSE OF ACTION 7 (N uisance) 8 As and for a separate and distinct second cause of action, plaintiff 9 complains against defendants, and each of them, and alleges 10 18. Plaintiff realleges and incorporates by reference each and every 11 allegation contained in paragraphs 1 through 17, inclusive, herein. 12 19. As a proximate result of such diversion of water, earth, soil, subsoil 13 and mud, plantiff s land and properties were injured in that a substantial portion of 14 plaintiff's property has moved and will continue to do so until defendants take 15 reasonable action to abate this nijisance. 16 20. Defendants failure to maintain or correct the aforementioned 17 diversion of water, earth, soil, subsoil and mud and the aforementioned landslide and 18 obstruction to the natural water course has obstructed plaintiff's free use of its land 19 and property so as to interfere with the enjoyment of said property and thus constitutes 20 a nuisance in that plantiff s use and enjoyment of its land and property is continuously 21 threatened with landslide, damage and destruction from earth movement and water 22 flow being diverted from defendant's land and plantiff s property has been injured as 23 hereinabove alleged. 24 21_. On or about January 20, 1983, the plaintiff notified defendants, and 25 each of them, of the landslide and water flowing onto plaintiffs land from defendants' 26 properties and the resulting damage cc_used thereby and demanded that defendants 27 28 S. 1 13. Plaintiff is further informed and believes and upon such information 2 and belief alleges that defendants Walnut Creek, Contra Costa, Reed, Dyer-Bennet, 3 McLean-Blank, Ryan, Purcell and Marshall, Bertino, Buster and Does 1 through 30, 4 Inclusive, at a.11 time relevant hereto and before January 20, 1983, were responsible for 5 and, in fact, designed, inspected, constructed, managed, maintained and controlled each 6 of their respective properties as described herein. . 14. Prior to the grading and construction of the area, including the 7 properties, and prior to the grading and construction of the drainage devices and 8 9 structures, surface waters which fell upon or otherwise came to be upon the hills, slopes 10 and other areas over and adjacent to pinintiff s property did not flow toward, onto or over the land which became plaintiffs property, nor did it flow toward, onto or over the 11 12 steep slope adjacent to plaintiffs property. 13 15. Plaintiff is informed and believes and based upon such information. " 14 and belief alleges that defendants Walnut Creek, Contra Costa, Reed, Dyer-Bennet, i 15 McLean-Blank, Ryan, Purcell and Marshall, Bertino, Buster and Does 1 through 30, 16 inclusive, failed to take reasonable care in designing, improving, controlling and 17 maintaining their property, as alleged herein, to avoid damage to the improvements on 18 and injury to plaintiffs property from the collection, accumulation, concentration, 19 diversion and redirection of surface waters. 20 16. On or about, and for a period of time before, January 20, 1983, such 21 drainage devices and structures associated with it caused such water alleged in this 22 cause of action to be collected, accumulated, concentrated, diverted and redirected 23 onto plaintiffs property causing a substantial amount of water to flow onto, into and 24 over the steep slope of plaintiff's property. 25' 17. The acts and omissions of defendants, and each of them, alleged 26 . herein proximately caused the saturation and the liquefaction of plaintiffs property 27 28 4. 1 Costa" respectively) were and are municipal corporatiows duly organized, chartered and 2 existing under the laws of the State of California. 3 10. The true Names and capacities, whether individual, corporate, 4 associate or otherwise, of defendants Doe i through 30, inclusive, are unknown�to 5 plantiff and are therefore sued by such fictitious names. Plaintiff believes that such 6 fictitiously named defendants are, or may be in some way, legally responsible for the 7 damages complained of in this complaint through the ownership, design, construction or 8 building of the property which directly or indirectly caused plaintiffs loss. Plaintiff 9 will amend the complaint to show the true names and capacities of such fictitious 10 defendants when such has been ascertained. 11 11. Plaintiff is informed and believes and thereon alleges that at all 12 times mentioned herein each of the defendants, inclusive, was the agent and employee 13 of each of the remaining defendants, and in doing the things hereinafter alleged was at 14 all times acting within the purpose and scope of such agency, 15 12. Plaintiff is informed and believes and upon such information and 16 belief alleges that defendants Walnut Creek, Contra Costa, Reed, Dyer-Bennet, 17 McLean-Blank, Rvan, Purcell and Marshall, Bertino, Buster and Does 1 through 30, 18 inclusive, nt all times relevant herein, and at some time before January.20, 1983, did 19 own, design, construct, and/or build improvements on each of their respective 20 properties (hereinafter "properties"). Plaintiff is presently unaware of the exact nature 21 of the respective ownership and control of construction, development, plan, and design 22 of defendants Walnut Creek, Contra Costa, Reed, Dyer-Bennet, McLean-Blank, Ryan, . 23 Purcell and Marshall, Bertino, Buster and Does 1 through 30, inclusive, in the area 24 including the improved lot and residences located at the properties, but when such 25 exact interests .hnve been ascertained, plaintiff will ask leave of this court to amend 26 this complaint to allege suchAnterest. 27 28 3' i 1 FIRST CAL'SFOP ACTION (Diversion of Surfa(.-c Waters) 2 1. Plaintiff Camino Diablo Group is the owners of real property 3 located in the County of Contra Costa, State of California. Plaintiffs property is 4 located at an unknown address north of and adjoining to 2770 Camino Diablo, Walnut 5 Creek, Contra Costa County, California. ' 6 2. At all relevant times herein, defend!.ints Dyer-Bennet were the 7 owners of the property located at 154 Ilillcroft Way, Walnut Creek, Contra Costa 8 County, California. 9 3. At all relevant times herein, defendants McLean-Blank were the 10 owners of the property located at 160 Nillcroft Way, Walnut Creek, Contra Costa 11 County, California. 12 4. At ell relevant times, defendant Ryan was the owner of the property 13 located at 2800 Camino Diablo, Walnut Creek, Contra Costa County, California. 14 5. At all relevant times herein, defendants Purcell and Marshall were 15 the owners of the property located. at 166 Nillcroft Way, Walnut ^-eek, Contra Costa 16 County, California. 17 6. At all relevant times herein, defendants John and Mary Ann Buster 18 ("Buster") were the owners of the property located at 30 Overlook Court, Walnut Creek, 19 Contra Costa County, California. 20 7. At all relevant tirnes herein, defendants Michael and.Joanne Bertino 21 ("Bertino") were the owners of the property located at 2770 Camino Diablo, Walnut 22 Creek, Contra Costa County, California. 23 8. At all relevant times, defendant Reed was the previous owner of the 24 property located at 2770 Camino Diablo, Walnut Creek, Contra Costa County, 25 California. 26 9. At all relevant times herein, defendants the City of Walnut Creek 27 and the County of Contra Costa (hereinafter referred to as "Walnut Creek" and "Contra 28 2. i p . 46 , MICHAEL P. WALSH 1 FITZGERALD, ABBOTT & BF.ARDSLF.Y yA 1330 Broadway, 17th Floor 2 Oakland, California 94612-2557 3 Telephone: (415) 451-3300 i Attorneys for Plaintiff -� 4 JUN ] 0 1985 g 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 FOR THE COUNTY OF CONTRA COSTA 9 10 .CAMINO DIABLO GROUP, ) a California partnership, ) 11 Plaintiff, ) 12 V. ) No. 13 THE CITY OF WALNUT CREEK, a municipal ) COMPLAINT ` 14 corporation; THE COUNTY OF CONTRA ) FOR DECLARATORY COSTA, a municipal corporation; MICHAEL ) RELIEF AND DAMAGES 15 and JOANNE BERTINO, individuals; JAMES } REED, an individual; DYER-BENNET, ) 16 individuals; McLEAN-BLANK, individuals; ) RYAN, an individual; PURCIELL and ) MARSHALL, as individuals; JOHN and NARY ) 17 ANN BUSTER, as individuals; DOES 1 ) 18 through 5, unknown responsible ) parties; DOES 6 through 10 contractors; ) 19 DOES 11 through 15, land designers; ) DOES 16 through 20, architects, ) 20 DOES 21 through 25, engineers; ) and DOES 26 through 30, developers, ) 21 ) Defendants. ) 22 ) 23 Plaintiff Camino Diablo Group, a California partnership (hereinafter 24 . referred to as "Camino Diablo Group" or "plaintiff"), complains of defendants and each 25 of them and for its causes of action alleges as follows: 26 27 28 1. ;t, • AMENDEDCLAIM • BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT August 20, 1985 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". Claimant: Eddie Dean Attorney: Address: 3305 Willis Lane "J 0 ?i 1985 Alameda CA 94501 Amount: $433. 56 By delivery to clerk on Mar inpz. CA 94553 Date;Received: August 7 , 1985 By mail, postmarked on August 6 . 1985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: August 7 , 1985 PHIL BATCHELOR, Clerk, By AM IAI Ia Deputy 4nn Cervel i Z 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, (9 County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER 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 minu es for this date. Dated: PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months frem 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 le a to r, sen a late claim was mailed to claimant. DATED: ��aU-�� PHIL BATCHELOR, Clerk, Byej , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM �IxlyY�--DF T" "'boftLD OF U?rnv Sons CLA L fA T-o aiti �RFC��ltU looTICr 0E- ANt�lR. No-f1cu o?aCc V r- C R n1 �-n►n N► oL.ti i r I Fo m t s w tmf- MA•I(etD f�S Xt\j50fF/Ctui._ - 'f�1tS l.r"Tww 1 S compLV I K, L,SyCr ri. c a • C'_EAK BOARD OF SUPERVISOR$ 33D5 \m I LL LS LA r•) " cr ccnrgA cosrn co. AIA-M ED A- CA- 2, A 2 . 'DES 12L A LL- N OT f C E3 'Ta '-Rr Priu - To Atk-Dnns AS F-0L 0 V)S, 3`3OS wIu.IS LANE ALAMtDP� cA -. G4.5vI Lo w es o T- TW O JnM r1 A M- -�s2 'ITIC _`( AL=— OVA ro,?1 fl c+i t�) q. C-LAI to FQ 11,V\ V o S 1G►J�'l� �L�ng� �1�CCp� THIS J -ijoMvk,,Z 5ilpa Aop My Slrsoi T P-t Ta Pr'pat-1 TO C7Ri6r�� N'l_ +CLPs�P1 �=t)rL.vh �3dS (�vlG1,l1 j/t'NC Autm A _ 04- . 9g'sz NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Eddie Dean 3305 Willis Lane Alameda CA 94501 Re: Claim of EDDIE DEAN Please Take Notice as follows: The claim you presented against the County of Contra Costa or District ,governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910 . 2, or is otherwise insufficent for the reasons checked below:` x 1. The claim fails to state the xa=xama post office address of the claimaint. x 2. The claim fails to state the post office address to ,which the per son'.,.prresenting the claim desires notices. to be ..sent..•- 3 . The claim fails to state the date, place or other circum- stances of the occurrence or transaction which gave rise to the claim asserted. 4 . The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss, if known. x 5. The claim fails to state tdmxamm=tK=kadmwdxa==fcxtTizxdatw e[f� hza�xia�mcxx�xeis:�xoc�l�x�€cxa�cacpcxxncaa'�resas4sk� i= xx&xxav*ecx)azxkaL%xxsaxkamxa%sc>*w==xx= the basis of computation of the amount claimed. x 6. The claim is not signed by the claimant or by some person on his behalf. 7 . Other: VICTOR J. WES'TMAN, County Counsel Deputyl County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§1012, 1013a, 2015. 5; Evid.C. §§641 , 664) My business address is the County Counsel' s Office of Contra Costa County, Co.Admin.Bldg. , P.O. Box 69 , Martinez, California 94553, and I am a citizen of the United States,. over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-Acceptance of Claim by placing it in an envelope (s) addressed as shown above (which is/are place (s) having delivery service by U.S. tila.41) , which envelope (s) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord, Contra Costa County, California. PARKER-ROBB CHEVROLET ' --,NOTE: .SQALQ6C apx --QD F . 7 :,Ft.0., PLAICE SUBJECT 1707 No.Main St. • Phone 934.1481 Ft. TO CURRENT.INy010E - WALNUT CREEK, CALIFORNIA 94596 NAME ADDRESSDATE d1 A N 1 i MA E UF CAR - YEAR TYPQ5LV ICENSE NO. MILEAGE MOTOR NO. SERIAL NO. INSU D BY- ADJUSTER INSPECTOR PHONE HOME BUSINESS 5Zz-;7Z. Symbol FRONT Labor Mrs. Part Symbol LEFT - Labor Mrs. Parts Symbol RIGHT Labor Mrs. Parts Bumper Fender - Fender Bumper Rail Fender Ornament Fender Ornament Bumper Brkt. Fender Shield Fender Shield ' Fender Mldg. Fender Mldg. Bumper Gd. Headlamp Headlamp Frt. System Headlomp,Door Headlamp Door' Frame Sealed Beam Sealed Beam Cross Member Cowl Cowl - Wheel Door, Front Door, front Hub Cap Door Lock Door Lock Hub& Drum Door Hinge Door Hinge Knuckle Door Glass Door Glass Knuckle Sup. Vent Gloss Vent Glass' Lr. Cont. Arm-Shaft Door Mldgs. Door Mldg. License Frame — Brkt. Door Handle Door Handle Up. Cant.Arm. Shaft Center Post Center Post Shock Door, Rear Door, Rear Windshield Door Glass Door Glass Door Midg. - Door Midg. Tie Rod Rocker Panel Rocker Panel Steering Gear Rocker Mldg.. Rocker Midg. Steering Wheel Sill Plate Sill Plate Horn Ring floor Floor Gravel Shield Frame Frame Park. Light Dog Leg Dog Leg NJ Grille Quar. Panel Ouar.Panel Quar. Midg. Quar.Midg. I Quar. Glass Ouar.Glass it gj Fender, Rear Fender,Rear Fender Mldg. Fender Mldg. Fender Pad Fender Pad Mirror REAR MISC. Horn Bumper Inst, Panel Baffle Side Bumper Rail Front Seat Baffle, Lower Bumper Brkt. Front Seat Adj. Baffle, Upper Bumper Gd. Trim Lock Plate,Lr. Gravel Shield Headlining Lock Plate,Up. Lower Panel Top Hood Top Floor Tire Hood Hinge Trunk Lid Tube Hood Mldg, Trunk Lock Battery Hood Letters - Trunk Handle Paint Ornament Tail Light Undercoat Rad.Sup. - Tail Pipe Polish ` Rad.Core Gas Tank Radio Antenna Frame SUMMARY Rad.Moses Wheel - Labor�.CY-1-.Hrs.�,L�S _ Fan Made Hub 6 Drum Parts $SUGAA Fan Belt Back UP Life $ Water Pump Wheel Shield Motor License From"rkt. -Sublet $ Bumper S Paint S A—Align K--New OH—Overhaul S—Straighten or Repair EX—Exchange RC—Rechrome U—Used INSURANCE.. _-L_��, DEDUCTIBLEl. TAX This estimate is based on lowest possible cost consistent with quality work, and as such, is guaranteed. Items not covered by this estimate or hidden will be additional. . ".'7•- TOTAL $-4.3,� NAME D ADDRESS NO. DE45UCTIfilrLE INSURANCE CO. /y PHONE NO. POLICY NUMBER ADDRESS YE AKE , M,O�DrEL�� LE �� SE�AL NUMBER MILEAGE LICA rBEf2 Symbol FRONT Sublet LBS: Parts Symbol LEFT Sublet HRS: Parts Symbol RIGHT SubbllletNNHRS. Parts Bumper ��. c Fender Fender Bumper Rail Fender Ornament Fender Ornament IV Bumper Brkt. „j F. Fender Lamp Fender Lamp Fender Shield Fender Shield Fender Mlda. Fender Mldg. Frt. System Headlamp Headlom Frame Headlamp Door / ;*Z Headlamp Door Cowl Cowl Wheel Door, Front Door, Front Hub Cop-W/Cover Door, Lack Door, Lock Hub & Drum Door, Hinge Door, Hinge Door Glass Door Gloss Lr. Cont. Ann Shaft Door Glass Chanels Door Gloss Chanels Up. Cant. Arm Shaft Vent Glass Vent Glass Shock Door Mldgs. Door Mldgs. Windshield Door Handle Door Handle Windshield Kit Center Post Center Post Windshield Rev, Mldg. Door, Rear Door, Rear Tie Rod Door Glass Door Glass Steering Door Mldg. Door Mldg. Steering Wheel Rocket Panel Rccker Panel Rocker Mldg. Rocker Mldg. Gravel Shield Sill Plate - Sill Plate . Park Light Floor Floor Grille lr Grille Brkt. 7L r r+,'- r�.0 Quor. Panel Quar. Panel Grille Panel Upper Quar. Panel Inner Quar. Ponel Inner Grille Panel Lower Quor. Mldg. Quar. Mldg. Quar. Gloss Quor. Glass Quar. Ext. Quar. Ext. Radio Antenna Quar. Side Lamp Quar. Side Lamp Battery REAR MISC. Mirror Bumper Inst. Panel Horn Bumper Rail Front Seat Lock Plate, Lr. Bumper Brkt. Front Seat Adj. Lock Plate, Up. Trim Hood Top Lower Panel Top Hood Hinge I Lower Panel Mldg. _ .Hood Mldg. Floor Tire Hood Letters e_'z41i ''/,! 1V Trunk Lid Trunk Lock Point Radiator Support Trunk Mldg. Radiator Core Trunk, W/S Radiator Shroud Toil Light LABOR HRS. $ Radiator Hoses GROSS PARTS f + Gas Tank 7 Fan Blade s Tank Do ) DISC. s Fan Clutch roma' SUBLET $ Fan Belt heel TAX $ Water Pump i'Hub op-W ver Motor Mounts B k Up i TOW-STORAGE j Transmission Mts. L TOTAL S C A—Align H—New OH—Overhaul S straighten or Repair EX—Ep6ange RC—Rechrome U—Used This estimate is based on lowest possible cost consistent with quality work, and as such, is guaranteed. Items not covered by this estimate or hidden will be additional. 22-54981 NORICK OKLAHOMA CITY `CLAIM TO: ORD OF SUPERVISORS OF COM COSTA COUNTY Instructions 1Lo Claimant = ' -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' Supervi'sors+ at its office in Room 106, County Administration Building, 651 Pine Street, Martinez. -CA 94553 (or mail to P.O. Box 911, Mart nez, .CA) _• C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ')'Reserved I Clprjp4 3tamps _DDC C Against the COUNTY OF CONTRA COSTA) PH:L BATCHELOR .) CLERK �N RaDq COSTA OF SUPERVISORS > : or DISTRICT) Br Gr � omn - Fill in name) ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 4 33 SL and in support of this claim represents as follows: ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) 3.0R7 j9b5 -----------r-------------------------------- --------------------------- 2. Where did the damage or injury occur? (Include city and county) H i���l�� . a4 W�s�3v�a� AP�vx foo '. ��s r Mr-�,��i� a��� o N ?AM P \NALMUT CRLZk C N 1'aA ('0,-1h Co.)--lY ------ 3. ' How did the damage or injury occur? (Give full details, use extra sheets if required) -gtav& of TaRFfiL ALL _V14Afi�1L 10 Mi LA Ji CAMs T t STD P. 4� A RW S£ZnjO: -THE (OL) ; TlWU�S (VuIT4'63f9 LIC #E &cf8671? B�iC'UP LI6HT5 C�Mt 0 `ZnJUC Slf11T��A •TMJ Bfl(C VP . I H0N'KtV1 MY Roar) ACJ T1it TOVC� STvi'Pl� A t-t-w StZO,)DS -THi -ROCK .STAino -ro - w(v- t)P A&AIJ • 1 t oo <L--13. MY . Hfl+Za �6Aw F�wA�41E T-Ut'C A6AIJ �n'R 0. AC•-A�J Tit StZDkQJ lNt 1�1UCK i1��4Z� _�N TU- 'i• Or Mi (ArL ------------------------------------------- -------- 4. What particular .act or omission on the part .of county or district officers , .servants or, employees caused the injury or damage? (over) 5.,' ' What are the name*f county or district offors, ' servants or employees causing the damage or injury? 0 ('AUf t GG`>6oF� - -- - - ------------------------------------------------------ 6-.--TR-at-d-amage------or--injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) l�T1i'1r1C7C . {�', ri2li �', . ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) ------------------------------------------------------------------------- injury: ------------= 8. Names and addresses of witnesses, doctors and hospitals. 9. ie'•expecyit res you Trade on account of this accident or injury: 1 A ATE '•' -`• ITEM AMOUNT j l 1 • .....1.: . f }!i yyy y y y1 y yy y y yy yyy ** ,�* max 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 Claimant' s Signature Address Telephone No. Telephone No. ************************************************************************** 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. " • APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT August 20 , 1985 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to ) the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING!' below. Claimant: Sandra Talbert County Counsel Attorney: Constantin V. Roboostoff JUL 2 9 1985 Roboostoff Allen, Inc. Address: 55 New Montgomery Street, Suite 401 Martinez, CA 94z)53 San Francisco, CA 94105 Transmittal -Amount: $1, 000 , 000 . 00 - By delivery to Clerk on July 24, 1985 Date Received: July 24, 1985 By mail, postmarked on I. FROM: Clerk of the.Board of Supervisors TO: County Counsel Attached is a copy of the above noted ApplicUnC le Late Claim. DATED: July 25 , 1985PRIL BATCHELOR, Clerk, Byo Deputy i. II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). The Board should deny this Application to File Late Claim (Section 911.6). 'DATED:_ 7 _ VICTOR WESTMAN, County Counsel, By Deputy III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (>Q This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: PHIL BATCHELOR, Clerk, By 040al 04d4jL Deputy WARNING (Gov. Code §911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If Vu want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board TO: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has-ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED:_x, ap-- Y< PHIL BATCHELOR, Clerk, By ���ivv►� old eputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA `• BOARD ACTION August 85 Claim Against the County, or District ) NOTICE TO CLAIMANT 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 Goverment Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Madeline Taranto , et al (Linda Carlson ,,,,n�oddi hn Polries� and Mike Polries) ' (iounty � Swisher,' oun$ei Attorney: Lerch, Harrington & Associates JUL 2f 1985 465 California Street , Suite 400 Address: San Francisco, CA 94104 rtinei, CA 94c53 (mount: $50000, 000. 00 By de�it�eryo o clerk on July 23 , 1985 v Date Received: July 23, 1985. By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. C, Dated: Jul 25 , 1985 PHIL BATCHELOR, Clerk, ByDeputy 4nln�IC erve11 II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. (/NJ 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: 2 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 (� This claim is rejected in full. ( ) Other: I certify that this is a true and correct cop of th Board's Order entered in its minutes for Pis date. Dated: PHIL BATCHELOR, Clerk, By , Deputy Clerk mw�WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leaxe to imesent late claim was mailed to clai t. DATED: PHIL BATCHELOR, Clerk, ByLei) , Deputy Clerk cc: County Administrator '2) County Counsel (1) CLAIM i NOTICE OF INSUFFICIENCY AND/QR NON-ACCEPTANCE OF CLAIM TO: Lerch, Harrington & Associates 465 California Street, Suite 400 San Francisco CA 94104 Re: Claim of Madeline Taranto, Linda Carlson, Dodi.e Swisher, John Polries _ Y Please Take Notice as follows : The claim you presented against the County o£ Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910 . 2 , or is otherwise in.sufficent for the reasons checked below: 1 . The claim fails to state the name and post office address of the claimaint. 2 . The claim fails to state the post office address to / hick the .person presenting the claim desires notices to be sent. 3 . ' The claim fails to state the date , place or other circum- stances of the occurrence or transaction which gave rise to the claim asserted. x 4 . The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss, if known. 5. The claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage, or loss so far as known, or the basis of computation of the amount claimed. 6. The claim is not signed by the claimant or by some person on his behalf. 7 . Other: V:[CPOR J. WFSTMAN, County Counsel Deputy)County Counsel .CERTIFICATE OF SERVICE BY MAIL (C.C.P. 5§1012 , 1013a, 2015 . 5; Evid.C. §§641 , 664) My business address is the County Counsel ' s Office of Contra Costa County, Co.Admin.Bldg. , P.O. Box 69 , Martinez , California 94553 , and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, • and not a party to this action . I served a true copy of this Notice of Insufficiency and/or Non-Acceptance of Claim by placing it in an envelope (s) addressed as shown above (which is/are place (s) having delivery service by U.S. !tail) , which envelope (s) was then sealed and postage fully prepaid thereon, and thereafter was, on .this day deposited in the U. S. Mail at Martinez/Concord , Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: �\ • ` ;' ' 1 r1"', ' at !,4artinez , California . cc: Clerk of the Board of Supervisors (original) Administrator (NOTICE OF INSIUFFICIENCY OF CLAIM: GOVT. C . § 910 , 910 . 2 , 910 . 4 , 910 . 8) .:,se�u,,,www�;,�, :,.Kk�;�auln�,�w�ul4�tti?�;��,u ,• �.J� ,,. ... . • COUNTY COUNSEL'S OFFICE • CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: July 22, 19Q 5 To: Clerk, Board of Supervisors From: Victor J. Westman, County Counsel I{ ' 4 By: Elizabeth B. Hearey, Deputy Colnty Counsel Re: Claim of Madelene Taranto, et al. We received the attached claim letter dated July 11, 1985 from Health Services. Please process as a claim in accordance with your usual procedures. EBR/jh attachment RECEIVED JlJL X3, 1985 PHIL BATCHELOR LERK B DO S vUORi CO ACO COS g .v, e ur -,� CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT Coullty i nnnsel JUL i i� iy85 Martini- (;r. _44053 To: Office of County Counsel Date: July 16, 1985 From: Mark Finucane � � jig�� Subject: CLAIM - Madelene Taranto, et al. , Health Services Director f' vs. Contra Costa Co. Patient - Polries, Ernestine CCCHS# 280556 Enclosed is a claim regarding the above named patient. This claim was received at the Health Service Administrative Office by mail on July 16, 1985. SP RECEIVED Enclosure cc: County Adm. Office JULa31 1985 fHil RATCHEIOR IERK{ RD Of SU Y SCORS CO COST 6 ut A-41 3181 LQw OffICES Of LEQCH, HMInGTOn & -ASSOCI-ATES flLLAR H. LERCH* SUITE 400 KERnETH J. M)QRInwon 465 CflLIfORRIfl STREET JEffREU L. KRULL Sfln fRflnCISCO,CflLIfORRIfl 94104 of counSEL WILLI,RM K.(3'BRIER` July 11, 1985 (415) 397-5757 *A PGOFESSIOM COGPOPATIOn Administrator Martinez County Hospital RECEIVED Contra Costa County Medical Services 2500 Alhambra Ave. JULU 1985 Martinez, CA 94553 PHIL YATCHELOR (ERK L R(7 OF SU E VISORS Re: Madeline Taranto, et al. e c R^cosy oc u ENCLOSED HEREWITH PLEASE FIND THE FOLLOWING DOCUMENTS TRANSMITTED FOR THE PURPOSE DESIGNATED BELOW: original and copy of Notice of .Claim against Public Entity ( ) Filing and return of conformed copies in the enclosed envelope. ( ) Enclosed is our check in the sum of $ ( ) Signature of the Court, filing of original and return of conformed copies to us in tha envelope enclosed. ( ) Your signature and return in the enclosed envelope. ( ) For your records. ( ) Lodging with the Court and return of date stamped copies in the enclosed envelope. ( XXX) Other: Please return date stamped copy to this office. Thank you. Thank you. LE4CH, HARRINGTON & ASSOCIATES CHARLENE WINNER Secretary NOTICE OF CLAIM AGAINST PUBLIC ENTITY AND/OR HOSPITAL DISTRICT PURSUANT TO DIVISION 3 .6 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA 1 . TO: ADMINISTRATOR, CONTRA COSTA COUNTY HOSPITAL, CONTRA COSTA COUNTY MEDICAL SERVICES, MARTINEZ , CALIFORNIA THE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA MARTINEZ , CA 2. CLAIMANT'S NAME: MADELENE TARANTO, LINDA CARLSON, DODIE SWISHER, :JOHN POLRIES, MIKE POLRIES 3 . AMOUNT OF CLAIM: $51000 ,000 .00 4 . ADDRESS TO WHICH NOTICES ARE TO BE SENT: Lerch, Harrington & Associates 465 California Street, Suite 400 San Francisco, CA 94104 5 . DATE OF OCCURRENCE: April 14 , 1985 6 . PLACE OF OCCURRENCE: Contra Costa County Hospital Martinez, California 7 . TYPE OF OCCURRENCE: Wrongful death 8 . HOW DID INCIDENT OCCUR: Following a vehicular/interpersonal incident, Ernestine Polries was admitted to the aforementioned hospital for defitive care and treatment. Ms . Polries died before being discharged from said hospital due to negligence and carelessness in the examination, diagnosis, testing, treating, operations and administration to said decedent. ITEMIZATION OF CLAIM: Loss of care, comfort, society, love, companionship, development of severe emotional distress as a result of the death of Ms. Polries . DATED: July 11 , 1985 LERCH ARfhNGTON & ASSOCIATES y� BY i RECEIVED � ALLAN H. LERCH JULa3 1985 FHK{ATCHELOR CLERK B RD Of SUPE% 'JR; CO RA COST . a ' By . CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA =JNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT August 20 , 1935 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing hndor•sem(`YItsr 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 d 915.4. Please note all "Warnings". Claimant: Elizabeth M. McGee Attorney: Address: 685 Edwards Street Crockett, CA 94525 Hand delivered Amount: $2 , 500. 00? By delivery to clerk on Julv 22 , 1985 Date Received: July 22 , 1985 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-note)d claim. Dated: July 22 , 1985 PHIL BATCHELOR, ilerk, By ,ems, Deputy Qnn Cervelli 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: IT i ? Deputy County Counsel III. FROM: Clerk of the Board TO: ( County Counsel, (Vtounty 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 th Board's Order entered in its minutes for this date. , Dated: J_ajl _gs PHIL BATCHELOR, Clerk, By (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• ( ) A warning of claimant's right to apply for lea a to esent a late claim was mailed to claimant. DATED: $_ -YS PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM CLAIM TO: BOA OF SUPERVISORS OF CONTRA44 n AVapplicationto: Instructions to ClaimantC!erk of the Board P.0.Box 911 Martinez,Califomia 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 .t4e ,ca•use 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 or this form. RE: Claim by )Reserved for Clerk's filing stamps Against the COUNTY OF CONTRA COSTA) JUL aZ� 1%5 t6ATCMEIOR or DISTRICT) LER norwrJ?Fil in name ) R COSTA The undersigned claimant hereby makes claim against t- e County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: c 1. When did the a'lrinj-/ /- cc ? ( i >l �-,yadmage ouryourGveaxactdte and hOurj� --- -- r,. - ----------T- ----------------- ----T�----------------- Where eid th damage or injury occur? (Include c,}}ty and county) -rR6 �S�Fcicvc�rS S Lro��{�,,e//�/ Cc•. Ca�fizi Cc�fc C��� �i//cr�S7t/��i�o/ �o_do..IeL� 177 f �e rC-o�ds�afmca��g�efoL�vr n--i"n-7-j1u-�r�y-n-do--c-cpu-hi/-o-�rf�uel�l2�det��TiP---r-Uui-C e2--Give Se1. x-�Qt-C-rC-a3. Hol -� N-r sheets if required) rU � �oly/ �I�Qn/4/ � //� �VV /V/NIBS Ld Q. Racl eo ScYiod./ �iSfi�C� Ch,/c/rz'r�s ------ ---==---------------------------------------------------------- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? (over) e 5. ''What are the na� of county or district o0cers, servants or employees causi the damage or injury? 6. Wha dams or injuries do you claim resulted? Give full extent of injur' s or damages claimed. Attach two estimates for auto damage) 7. How was the amount claimed ove co-computed?---Include the estimated amount of any prospective injury or damage.) B. Names and addresses of✓witnessers, Ko tors and hospi S. WC4 QS, la 07 9. List t e expen itures you de do account of this accident or injury: .,.—DA�TTE�........ ..... .._,._..._. _... ITEM AMOUNT s 1j L�s�w� s JJ6. 70 �)4ure loft a �L/.�C� ? � A t F 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 Cm,antis Sippature Ad re n v Telephone No. Telephone No. QO/ 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. " 6 � TOee l.�hc�-r� ��_ �t� co� �19 � y ej— .�� d1//C;dst�,- �d 61-7 �����Qy � , 6 s�s✓��� �2�1?ej my dau rs-- f s4cip 1d by aur/tCQ IV96 crc��c�,��� l#A07'-hdUa'y/�en her �k./r�� arr h)e e/er� h4r . 127:- M yse AhIS Ofid hlee�� e S CsOeal hey-&0 617dche-scl,d lha� 4,sAorlod oft t� own . ANr 4cli esked her 6-e u -01 �-* (o�d_she-re li e � �s p d her n,os-e u r441 wo/Q ,4 � Pe 5" er s re-e d l7 h- - .� / �� � / ccs v G had l,�so e � � �od hnp , 'my dc�v - A1l)ret 4e she PeeI5 ec�n- �ly7i lme �� fri & ;/0 �y Grri I&OfSd OI, shell r7,�lr✓ �r�C� deC'1 ,b1UZ�1(/ t1GL��- �Pr feacher- �S. Sir 5�1�' �,uusYlOf �/ __r✓� � i�<,'.Sc�. rf. - ofLAO-r-C4 WIdc Ae H1"11 cies-' kernalfary §JIXl C-CAlkd sP7/ E-a� LG r bbl? ThiQ � ser��ces cwe nv Jsif my hor-�Pf �S S�j ocucrs _ws_vPry__UP.S .., _T q(i�/S�oeq, i LGr�y:f yrz Ll ;s �c;74-:,7 . - _ Pow ccm,�s i� C1Ps����'if�o�. allowed Ot dG�v� C f? S err ys%, ' I-crr ved /ire ciRlvnd .M. 1 sfik4e W 411 H�� -e Cep��Gr�s� 716 cr7—Y �'►y name wGs c�//�C�.�c%e��e�s�eq,�cv%��i L��rr�l�0�� . �C - 5 C. PS S vp eru/�or/ IN11- Pc�,iE . PLO �SkeCl rr�P ci �{�� -�c,�� . i nsoc�e.r�ts c�✓r d � :fait/ hrn� �+{ �-�-uth. 8�nc� d�Pb�rr�}�C is hof C)n e cP my b� 2r�Ue�/�fiQS ( iei� rr�_ .o c,4 hare, 3�urisi/ � m-e hd Z I�wi'icA� oad y IV� loark eer/1ea'rne Giwsclld T cov/d picky M di 1P.�� J , � �r1d en r ery � /mss 0C.Curolic 0. . Aey �Iougff 4cy Lue�e bet 7/1 k-Id1r)4ped. . They dldnl tuon-} �� 46 Shcocil cin�rn�r�:.. nne e ealn�.h�,nP 011v sl.et)e'y dd y c d sc d Ms, Re ,� ' wqs hal/ el i? ' hem �hP w0�/d. Loi s&rr'/y Ir sh wcls�s� -P h off 'e Summer Ae � .7�a�_ --- � Ger Ctcfres, P/ 66C -A7k<) 4ISSIAvC1fior) /&0 - -- CO�9?107ZIell 'A--5 iS erl c5vl ry, T.�/1f t CLAIM w BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE Ta CLAIMANT August 20, 1985 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". Claimant: CONSOLIDATED INSULATION CO. , INC . Attorney: Wright , Nolan, Spitzig & Dahm Address: Stephen_L. Dahm, Esq. 100 Bush Street , Suite 2800 Amount: San Francisco , CA 94104 By delivery to clerk on Equitable Indemnification Date Received: July 22 , 1985 By mail, postmarked on Julv 19 , 1985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: July 22 , 1985PHIL BATCHELOR, Clerk, By ' Deputy n Cervelli II. FROM: County Counsel T0: Clerk of the Board of Supervisors (Check only one) ( This claim complies substantially with Sections 910 and 910.2. (/ ) This, claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant, The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911,3). ( ) Other: Dated: - By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) CountyCounsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911,3). IV. BOARD ORDER By unanimous vote of Supervisors present (,ZN This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the ard's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By ° ,' 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 oonsult 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, anda 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 1 to sent a late claim was mailed to claimant. DATED: PHIL BATCHELOR, Clerk, By An , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM • . 'WRIGHT, NOLAN E? SPITZIG • i ATTORNEYS AT LAW VINCENT S.WRIGHT 100 BUSH STREET. SUITE 2800 TELEPHONE KEVIN P. NOLAN SAN FRANCISCO. CA 94104 (415) 956-5541 WILLIAM L. SPITZIG DATE: July 19, 1985 TO: Clerk of the Board of Supervisors County of Contra Costa 651 Pine Street Martinez, CA 94553 RE=In the Matter of Consolidated Insulation Co. , Inc. v. County of Contra Costa ENCLOSURES : Claim Against Public Entity Check for $ please send receipt. y Stamped envelope. REQUESTED ACTION: X Please file original and return endorsed-filed copy (s) . Please file original and certify ` copy (s) and return. Please file original, set for hearing, advise date, return endorsed-filed copy (s) . Please record and return. Please issue original and copy (s) and return. Please have Judge or Commissioner sign and file. Other: WRIGHT, NOLAN & SPITZIG By STEPHEN L. DAHM SLD:ew RECEIVED 1 WRIGHT, NOLAN & SPITZIG -100 Bush Street, Suite 2800 2 San Francisco,CA 94104 rMLL bsT0Mf`OR Telephone: (415) 956.5841 CLC! K omlo FAU CAVISORs ON 6TA 00. 3 e O ty 4 Attorneys for Claimant 5 6 7 8 BEFORE THE BOARD OF SUPERVISORS 9 OF THE COUNTY OF CONTRA COSTA 10 11 In the natter of the claim of ) CLAIM AGAINST PUBLIC ENTITY C014SOLIDATED INSULATION CO. , ) FOR EQUITABLE INDLA1NIFICA- 12 TION 13 Claimant, ) 14 VS. ) 15 COUNTY OF CONTRA COSTA, ) and DOES 41 to 50. ) 16 ) 17 CONSOLIDATED INSULATION COMPANY, INC. hereby presents 18 its claim to the COUNTY OF CONTRA COSTA pursuant to Section 910 19 of the California ;overnment Code: 20 1. The name and post office address of the claimant is: 21 CONSOLIDATED INSULATION CO. , INC. 625 Quarry Road 22 Belmont, CA 94002 23 2 . The post office address to which claimant desires 24 notices relating to this claim to be sent is as follows: 25 WRIGHT, NOLAN, SPITZIG & DAHLN1 Stephen. L. Dahm, Esq. 26 100 Bush Street, Suite 2800 San Francisco, CA 94104 27 28 Lca7ss-2 1 3. On or about June 18, 1985, claimant was served with 2 a complaint for damages in the case of WILLIAM G. ADAMS, et al. v. . 3 ROBERT MICHAEL CANTLEY, et al. , Contra Costa Superior Action 4 No. 270950, in which plaintiff claims damages from claimant and 5 other defendants under purported causes of action for wrongful 6 death. Plaintiff's causes of action arise out of alleged damages 7 due to a vehicular accident experience by plaintiff' s decedent 8 on streets and highways under the ownership and control of the 9 COUNTY OF CONTRA COSTA. The accident occurred on Hoffman Blvd. 10 (Highway 17) , west of 37th Street, in Richmond, Contra Costa 11 County, on April 12, 1984. 12 A true and correct copy of the complaint for damages is 13. attached hereto for reference purposes only, as Exhibit A. 14 4, Plaintiff requests judgment against all defendants 15 jointly and severally, including claimant, for general and special 16 damages according to proof, for punitive damages against certain 17 defendants , for interest thereon, for .costs of suit, and for such 18 other relief as the court deems proper. 19 5. If the plaintiff sustained damages as alleged in his 20 complaint, claimant contends that such damages were caused, in 21 whole or in part, by the COUNTY OF CONTRA COSTA, as a result of its 22 negligent and careless actions and omissions to act in connection 23 with the design, construction, inspection, maintenance, and 24 supervision of its public streets and highways. 25 6. Claimant further contends that, as between it and 26 the COUNTY OF CONTRA COSTA, responsibility, if any, for the damages 27 claimed by the, plaintiff rests entirely or partially on the 28 COUNTY OF CONTRA COSTA. If claimant is held liable to the LC-5755-1 -2- 1 plaintiff, such liability will be based not upon claimant's actions 2 or omissions, but on the actions or omissions of the COUNTY OF 3 CONTRA COSTA. Accordingly, the COU14TY OF CONTRA COSTA is obliged 4 to indemnify claimant, in whole or in part, for and and all sums 5 which claimant may be compelled to pay as a result of any damages, 6 judgment or other awards recovered by plaintiff against claimant. 7 Further, claimant has been and will continue to be required to 8 incur costs and expenses in defense of this action, and the COUNTY 9 OF CONTRA COSTA is obligated, by virtue of the foregoing, to 10 indemnify claimant for such costs and expenses. 11 .7. Claimant is ignorant of the true names, identities 12 and capacities of any public employees who may be responsible for 13 causing the injuries and damages in issue and, therefore, make a 14 claim against such employees DOES 41 to 50. Claimant will amend 15 this claim to allege the true names, identities and capacities 16 of said fictitiously named public employees when such information 17 has been ascertained. 18 S. The amount of this claim is equal to that amount 19 for which claimant may be found legally liable, which liability 20 is expressly denied, to plaintiff in the underlying action, plus 21 any amount expended by claimants as costs and expenses in 22 defending the underlying action. 23 DATED: July 19 , 1985. 24 WRIGHT, NOLAN, SPITZIG & DAHM 25 26 B STEPHE L. DAHM 27 Attorneys for Claimant 28 -3- LG5755.1 DECLARATION OF SERVICE BY MAIL I , the undersigned, declare: I am a citizen of.:the United States , over the age of 18 years , and not a party to or interested in the within action; my business address is 100 Bush Street, Suite 2800 , San Francisco, California 94104. I am employed in the county where this mailing occurred. I served the within CLAIM AGAINST PUBLIC ENTITY FOR EQUITABLE INDEMNIFICATION by placing a copy thereof in an envelope addressed to: Clerk of the Board of Supervisors County of Contra Costa 651 Pine Street Martinez, CA 94553 which envelope was then sealed and postage fully prepaid thereon, and thereafter was on July 19 , 1985, deposited in the United States mail at San Francisco, California. I declare under penalty of perjury that the foregoing is true and correct. EXECUTED on July 19 , 1985 at Sy";,anciscor California. ELOUISE WILLIAMS AVIL h 1 LAW 00IMCIS OF, - . . • ' ^ Joar nRTY R ••t_,, UK UU1Ji1!V Z!efk . CCt�i'R LG i�tC�L'f:7Y 2 472 JACKSON STREET !� SAN MANCIOCU. cA."M*"""311 - . / f t,ftl1C::^:.:;.1, R:R•at� , 1i Ronald A. Silver-* Zsc. ' 4 11 55 Professional Center Parkway e ii San Ra`_ae' U. 54902 Answer Doe 5 (4 15) 4 ,2-3434 6 'i ATTORNEY FOR Plaintiff , 1,'--TT AM G. ADAMS, individually and as Administrator or the 7�.a_e of 'NICO:.E ADAMS , Deceased � ' �! SL^_'E?I �T RC^'.':T 0: TL's STATE 0:' C :FOR`�T_A T 0 AL 9 it TN AND ^R ^::r COUNTY OF CONTRA COSTA �I 10 � � �7 � J50 11 WILLIAM G. 'ADAMS , ind'_v'_d::ally ) ':O. I� and as Administrator of the ) 12 (I state of NICOLE AD.i":� , ) CO"L°LAI":': FOR DAMAGES Deceased, DEA'i; ?RO?r.RTY DAYJ-.GE) 13 Plaint:Ff , ) 14 �� ) 15 11� v s . ; i; ROBERT .MI CF.Ar'_. CAN -_Y, ) R 16 i? POBEIRT B. CA_NTLEY. ":S:)=ATED ) i) INSLZAT_ION CO'�?Ei\m', _."C. 17 JOINT APPRE ":'?CES ?=? _1=�G t T - , 18 POINT ':-1ARINA ASSOC-A':E-S , a ) partner ship , db a ?O_N Y.A ._\A ) 19 INN, ELREOR"1 A*:RICAN *f0_O::S 20 �I R-:%'AU..T, 1;. S.A. , =.�T✓ OF W_.. ) CO ,, OF CO`l t ) 21 COSTA, C,-Y OF i 1-C_JXCN'D, ROLM,— ) A. CA:2T'..EY, and 7^ES' 22 +i 100 , inclusive , j 23 De_`e^dams. ) II ) ?4 i 25 26 /// 1 � I Prior 3 1or to ..he f: , g of his t_ Com�_aint, plaintiff . .v -te=n 4 ; 6:I7IL" G. ADh.MS was da_ti ap?o nt•::_ as A&-.:nistrator of the Estate 5 of the late ? ..L.„? ADAVS .in Marin Cot •y Superior Court Probate • ' ' 47Plaintiff ' 1, r, A - .. 6 �� Ac�ion ..o. 3_157.. was at a_� -�_s herein mentioned, the 7 . father and sole heir of the late "t?CCL ADAMS. \ICOLE ADAMS was � 8 ( born on February 24 , 1966, and died on Ap_i1 13 , 1984 . Plzintiff s 9 ( sues defendants , and each of them, as an individual and as admin,.- 10 ` strator of the Estate of NICOU p: .:JQ , deceased. 11 2. Plaint,.ff does not know the true Names or capacities , , 12 whether individual , corporate, associate , o: otherwise, of the , i ROSES'"_ P_• rt�!�777.cv a^.d 13 i defendants sued herein under the fic=_:ions names o_)DOESV ::�:11 1'h , 14 i 100 , and, ,.therefore , sues said defendants by such fict,.t'_ous ^.ane s , 15 praying leave to a=end this Co=t1a rt to add the true names and � 16 (i capacities of said de_`endaa_s he+- th^ saI ha:+e been ascertained. 17 1� Plaintiff _s informed and believers and :-ereu?on &1.eges that each � 18 of the d�fend4:ts so named was at fault _n caus_::e the things and ; 19i matters hereLn al_eged, and .he sustained by plaintiff f. 20 indiv'.dua_'_y and tt_e Estate or 1V_ ^L? ADAII deceased. Plaintiff f� 21 (j is informed and 5e_ 'e nes and _here:.?o.. -...leges t..a_ each of the j i � 22 j defend.. is ?:.:rein was -ct_zg as ��n aRF^t for : �e remaining defendants , 23 and each of them, within the course and sco?e of t1,at agency , at they i 24 � } j tines complained o.. herein. � 25 3 . Defendant. . ROSE^^_ `!_C_HA L CAN7L_Y was-the operator t 26 of a certain 1973 Chev=-olet pic7,c-+ap truck on April. 12, 19&4 , at '.'�e �. -2- , OMN MA110Y Knw r+llan EXH '1811TAR F. �NUGiCO MIII � _ /Ih 7�N 1717 Q I time of the accident described in the Complaint (hereinafter referre 2`t to as the "subiect accident") . Defendants R05EET B. CA.TLEY and. 3 I1DOF. 1 were the owners of the aforementioned 1973 Chevrolet truck 4 I, and had given permission to M =_L'IC CA,7LEY to oaerate said truck �i. 5 1ilat the tame of the subject accident. Defendant CONSOLIDATED IN- 6 ;i S17LATION CO. , INC. , anal DOES 2 ary 3, and each of them, were the 7 i, employers of defendant ROBERT. MICHAEL CA"'TLrY and defendant ROBERT 8 MIM 1. CAITUY was operating in the course and scope of his 9 I esployment with said defendants at the time of the subject accident. I+ 10 I! Defendants , JOIN":' A_aPREN'TICESHIP T'tA_v:.NG CO.v!_TTEE rOR ASBESTO° 11 V70RK ".S and DOES 4, 5, and 5, and each. of t'-em, were organicat=ons � 12 (the exact name and nature o= whici p:a_ntiff is ?resently uncertain 13 ; which provided tra_ning to a?�rentice employees , including defendant 14 I! p03ER: '�ICuAEL C.iL°I'''T ry of defendant C^";SOLT.A_'D I`?S'JL.4TIO'�' CO. I?,!CI 15 and DOES 2 a^d 3 , and -each of t!:.., and were eoerat_ng as either i • I 16 !' joint venturers or agents of said em?=oyers at all times mentioned 17 , herein. Defendant DOI\'" YAE_NA doing I I 18 ibusiness as POINT "ARIN _%T and defendants COCKTA"_L �.'.Cr ' 19 1! and DOES 7 thro•r.gh 10 , and each of the7, were business establishment 11 2Cprovid;rg alcoho'_ic beverak-es to customers at a=1 times mentioned 21- �! herein. Defendants A"f:",RICAN MOT^RS CO MATICN and RENAi^.,T ".S.A. I 22 �I and DDES 11 tzrouoh ^^ , and. -.ach o° the*s, were manufacturers , de i r 23 II ers , fabricators , distributors, ard.other . _n t*--, cl.nain of mar'fe ing I 24 I� of that certain 1978 Renault LeCar owned by plaintiff IMLIKM G. 25 I ADAMS and operated by t!ie late NICOLE ADPl_S at- the time of the sub- 26 ect accident described herein. Defendant STATE OF CALIFORNIA, LAW W"Cas or .3— JOHN HARDY M i� M 14) aOO aunt f_�� 4614) Na rata PL.A 1 lilt COUNTY OF CONTIFA COSTA, CITY OF RICK`-'OND, and DOES 21 through 26, 2 ;I and each of them, were resp o:�sible for the condition of public 3 I' property where the subject accident occurred, otherwise described •as , < '! ffman Blvd. (MiEhway 171 wast o.` south 37th Street in the City I 5 Of Richmond, County of Contra Costa, State of California , at all i 6Ii times z;entioned .herein. 1 7 4 . On or abo::: April 12 , :994 , plaint ffs ' � decedent ii 8 INICOLE ADAMS , the daughter of plaintiff WILLIAM G. ADAMS was law- 9 fully operating a certain 1978 Renault LeCar zutonob_1e b:'aring t 10 '' California license no. 485_'_i and vea_c_e 'identification number 11 3015132 , westbound on uo_:man Blvd. (: g:^.; ar 1_7) .'.ie City of I ;i • 12 �, R_czr.ond, County of Contra Costa , State o` Califo^iia. At said time I , 13 and place , - defendant RO'.SRT v_CFJ"rL Cl _LEY operating a certain 1973 14 i, Chevrolet ,4X4 pick-up truck bearing California licen'se no. 2A=3495 , I 15 eastbound or. said Foffman Blvd. , crossed the center tine of the i� 16 roadway and c-11_ded 'head on -,-i.*h t a u-ore--ientioned 1978 Rena._, 17 I LeCar operat_d by Plaintiff' s ccc_ccnt . As a prox=mate result of i _8 ; said collision, NICOLE AJ;."S sustained zrultio:e traumatic ^juries 19j� from w::ich she later died on April 13, 1984 . C 20 j 5 . Said acc'_dert was proximately caused by the negli^ence ?'_ of P.OEER_ *1IC' I C1L'�"rEY, RT3ER7 B. „j1I'IITZY, and DOE 1 , and each 22 �� of thea, in the opera_ -.un, . entrustment, owners'-`.-) , cnd maintenance ► 4 23 �i of said 1973 C'_ ewolet pick-up truck operated by ROERQ: MICz:4rL f: 24 L C,'ti'QTLEY in the course and scope of his er-mloyment with defendants j 25 CQ\SQLIDATE: =RS:^..:TI'J`� CO. , INC. , and DOES 2 arc-3 , and'each of 26 lithem, and their agents and Joint venturets , defendants THE JOINI' ` fir.. I W emcN OF EEMXWBIT.A. p.i -#""ON GTM6n4- 1 API PRENTICIS SHIP TPA7-1_NC COQ:=TTLE F0:? ASBESTOS WORKERS and DOES 4 through 6, and eac'- of _hem. ij 3 6. As a proximate result of the fault of said defendants 4 and each of them, as aforementioned, plaintiff has been deprived t 5 �lof the love , suo?ort , corpanion, comfort , affection, society, I 6 ; solace , and moral sup?ort of r'ICOLE to his general damage 1 7 Iin a sum property wit ::: the iurisdi ction of the Superior Court ..and 8 �J to his s?eci:-.i damage and the damage of the estate in a sum to 9 gibe ascertained, according to proof, including , without li=itation, 1.0 ii the final expenses of fu^c-.I an� internment . 11 7, As a lurt'her ?rcxi=—.e result of the fault of said 12 f' defendants , and ecc`► of .hem, the automobile belonging to plaintiff 13 �! was destroyed and the personal prone- _y of ..I.,O_E AI_M_.S was destroyed 14 resulting in s-pecial dar..a7_s in an amount to be ascurta'_ned. 15 I y;�rPrrn plait tiff prays 'vdgment as -he'einafter Orayed.1 i 16SZCC'A"� (f{ i. 17 S . r; a_nti=_` _._:or?ora:es by reference and soec_fica'_'_v le �� I1 makes a ?art hereof t of Paragra ''�s ? , 2 , 1 , 4 , and 19 1, 7 , and each of them, of the st Ca:.-e of Action , as though said j `^ ( zllegatio^.s were fully sel- -F^r t•^. at t?as point. `' f� C • Ja�.� accidence ALS orox:� rely ca-sed by the wanton , ` j! reckless misconduct o_ r0°ER M:Ct'1_T_: Cr^:I':.rl' in the o?erasion of 23 �, id 1073 C6evro'_et Dick-up truc'.c wh" e s.._d ROBERT `:ICY, E'. CA`:TLEY 24 r q reckless -�! S- t r was intoxicated, evidencing a d:s_e;..ard for a -_e_v � 25 jl of of-.er motorists on the road, including ?1:: .ntiff' s decedent, 26 + •for which conduct of ROE::rlr N_ICF.. L C NTLIZY, ROM"T B. CANTLFY, and I ANN'NAS -�_ X11"C"O" f1a11geT N11 FRANCISCO 04111 MUS »�•uq {' 1 CO\SO'.IDA=ED _NSt^:,A=ON CO. , INC. , and DOES 2 and 3, and each of 2 then, and the JOT ' A?PRE�"=ICES:_'_P _:ZAI�' :�� M; COM-M�777EB FOR ASBESTOS 3WORKERS and DOES 4 through 6, and each of them, are vicariously II 4 liable tc plaintiff. f 5 10. In addition to the general and special damages as 6 aforementioned,. p'_aintiff requeststhat punitive and exemplary damages i 7 II be assessed against defendant ROBERT =C:C-D CANTLEY and the other I 4 defendants mentioned in the :recedir-g allegations , according to � 9 proof. I , 10 b":Tr_^O;E, p_airt'_ff prays as hereinafter prayed. 11 1, T'=T_RD C,� 'SB Or AC"_"_0N i 12 ! 11 . ?lair-tiff incorporates herein by reference and 13 ,I specifically makes a part herecf the a_legatiers of Daragiap'.:s I . ! 14 �! 2 , 3 , 4 , .6 , and 7 , and each of them, as thou3'-: said allegations ! !, v 15 i' were fully* set forth at this point. 16 �I 13. As aforemer..:_gin^,.', de_`e c. .-..ts P'=N *A"-NA ASSOCIATES ; ' 17 a oartnersh_o , db? r0:%T i 18 and DOES 7 through 10 , and each of the: , were , at all times herein ! 19 mentioned, business e: .ab__shments ^--oviding alcoholic beverages 20 :i to customers :.nd, as such, provided a=cc`-o'_ic beverages to defendant 1 ii , 21 ROBERT u_CF.A'.:.. Vi6*=`"Y. t^ .'_^.e : : _:. wher^_ he became too intoxicated ` f 22 to drive an au.omob:_e. The =trrni-hir +, of a?.cohol_c beverages to I 23 �� the intoxicated CAN yE '_'_ Y constituted the unlatsale of lieuor ii 24 constituting a Nuisance , the maintena^ce of which proximately ! 25 caused the damages alleged by plaintiff herein. _ 26 UME?EFORE, plaintiff prays as hereinafter prayed. i +•+..nem.er -6- 1 Y Ps .�C,.4e 94111 mist V08-4242 i B IT� �� 1 u� FOURTU C!-:JSF OF AMON 2 1-3. Plainti::' incorporates by reference and specifically 1 , 3 ,: makes a cart hereof the alle ations of Paragraphs 1 , 2, 3, 4 , 6, 4 j+ and 7 , of plaint'iff ' s 7=-st Cause of Action herein, as though said , fully t .._ 1 t i 5 li allegations were u__y se_ fo_ _?� at ..his po_n� � 6 �I 14 . ,.The aforementioned 1978 Renault LeCar operated by 7 I� NICOLE AOA.*'.S at the time of the subject accident , was unsafe and ff i 8 defective , in that a was -uncrashworthy and unable to sustain i 9 the aforement:.oned collision w:_:^.out enhanci...g the injuries of � 10 the occupants of said vehicle , anc these defects in plaintiff' s � 11 I! vehicle p:oxi__tely caused the amages sustained by plainti°f , as . i 12 described herein. 13 'n.=?==''?R=, = ^.tiff prays as hereinafter prayed. I 15 1_5 . ?:ai^.=iff :ncoroosates herein by reference and I 16 snec:fical' y _.a'.e: a vara ':P.reo= --.E a'_le;a— ons of ParaFraphs 1 , 1� � I 97 2 , 3 , 4 , 6 , and 7 of alaint_.`.._ ' s . _"tet Cause of -Action herein, as 18 tho,-;h said a_'_e"aticns were fully se_ forth a_ his acint. i t 19 ! 15. The publ'_c nronert5• -,�'here the subiecL accident II ' 20 II occurred, otherwise described as Hoffman Blvd. (Highway 17) west ^ 04_ sau_h 3:'ta Street in the :_ ? tc :-ons r.,on^,, 04 Contra 22 �i Costa, State of Cal'..`_or^.:a, :.n _? e area or _h- accident and 23 adjacent thereto, had no _edian bnr=^er to separate eastbound f i 24 �; from westbound traffic cue to the negligence of the a;ents and 25 '? employees of defendant. STATS CF CALIFORNIA, COUNTY OF CON:'_tA 26 I COSTA, CITY OF RICEYTONO; ane- ^OMS 2l through 25, and each of them. w ernew er B _7 JOMM HARDY P If�MGK "mEXHIIT.& . . Aft W ' 1 Such negligence caused this dangerous condition creatir a substantia 2 risk of the type of accident and injuries described herein when said 3 property was used in a mznner in which it was reasonably foreseeable 4 1that it would be used. Asa proximate result of this dangerous 5 Iconditien of public property, the subject accident has occurred, 6 causing damages .plaintiff described herein. 7 'I, 17. Prior to the filing of thil- action, and within the a {Itime permitted by law, plaintiff filed a claim with each of the 9 ;I public entities describe6 herein, and each of said claims was refused. 10 iPlaintiff files this action .- compliance with all the claims I 11 !; statutes o: the Government Code of cl-e Stare of California . j II 12 WHEREFORE , plaintiff prays judgment against defendants I , 13 '' as follows : I 1 . For a _udgment ag_lir.st ROBERT :=C�'ArL CANTLE'I' , ROBERT I, I 1S ,...� r r w ,n ...T 1 it B. CA.^._.....: 7 CO:.SQ�I'�A:•:.'.� 7ZS,.�A._0'.d CQ. , T_1:,. , THE. JOINT AP?R:.*..iC.. . f 16 II SHIP TRAINING C^„vT'*. E FOR AS'ESTOS -7FZRS , and DOES ' through :I 17 5 , and each of them, under .he a' e-a__c_,s of tae First and Second 1$ Causes of .fiction, for general damages , special damrges , and nu-l1 :ive; I 19 damages , according to proof ; 20 2 . For a iudg^_ert against ?OI'�T NAR7-N.A. ASSOCIATES , a j i 21 partnership , dba POINT YA?Iyn _.0\ , L.,r=:?:?:v COC{T.AI.. LOUNGE, and 11 ; 22 DOES 7 through 10 , and each of them, ..-:der the Th'_-d Cause of Action;, 23 '! for general and s?ec`_al damages, accord-_^.g to proof; i 24 j� 3. For a judgment aga-nst defendant A'Z ICM MOTORS i 25 . CORPORATION, R=.NAIMT, U.S.A. , and' DOES '_'_ thrcugh 20 , and each of 1 , 26 1' them, under the allegations of the Fourth Cause of Action, for ANN NAROr 0041sl 7��•I71>f T 1EXHIG11 ...., P �8 ! , r /ti»GICO Nm R. I F � E ,••�• ' v Vila _ • , I , general and special .dannes according to proof; 2 �_, 4 . For a judgment against defendant STATE 07 CALIFORNIA.# 3 " COUNTY OF CONMA COST,9,, CITY OF R_CVDn\D, and 'DOES 21 through 26 , ' P ' 4 and each of them, under the -Fifth Cause of Action, for general and f 5 s-pecial r'amaoes according to Droof; 6 �+ 5 . For plaintir.l.'s costs of suit !herein, and pre-judgment i 7 Interest ; and 8 �I 6 . For such other and furth:r relief as. to the court 9 ; may seem proper. l 10 �� DATED: Apr'_'_ 11 , 1985 12 !f ntor^.eyy_`or Pla it W:LL:ki G. n/Mc =ndividual'y and 13 I� as. Ad^i"_-' strator o= t1:e =state of Iy CJ� ADW''S , Oeceasec 1�• it .. 15 16 17 ' �I 18 19 20 i 21 2221 I 24 25 }. 26 -9- L CMN MAROY k ,RANCI.CG 6&.11 EXp