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HomeMy WebLinkAboutMINUTES - 09101985 - 1.18 APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT September 10 , 198. 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: Angela K. Lee Coun,v Criiin5n! Attorney: Donato P.. Allen 0 e 1985 Address: Roboostoff-Allen, Inca 55 New Montgomery St. , Suite 401 Mariinez, CA 94553 Amount: San Francisco, CA 94105, delivery to Clerk on $750 , 000 . 00 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 Application to File Late Claim. DATED: At,gi,g r 7 1 9 8 5 T'RIL BATCHELOR, Clerk, By 2 Deputy . An'n Cervelli 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: VICTOR WESTMAN, County Counsel, By f Deputy III. BOARD ORDER By unanimous vote of Supervisors pr6sent (Check one only) ( ) This Application is granted (Section 911.6). This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Boardfs Order entered in its minutes for this date. DATE: SE P 10 1985 PHIL BATCHELOR, Clerk, By-04. 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 you 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: SEP 101995 PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM i (NO ()OsTffn, nco Law Offices 55 New Montgomery Street Constantin V. Roboostoff San Francisco Donato P. Allen CA 94105-3476 • Suite 401 (415)543-5372 August 6 , 1985 Contra Costa Board of Supervisors 651 Pine Street, Room 106 Martinez, CA 94553 Re: Angela K. Lee Dear Clerk: Enclosed please find the APPLICATION FOR PERMISSION TO FILE LATE CLAIM OF, ANGELA K. LEE. Kindly file and return a filed marked copy to this office in the self addressed envelope enclosed. Thank you, Barbara Bualat Secretary to Donato P. Allen /bab Enclosure 1 Donato P. Allen ROBOOSTOFF-ALLEN, INC. 2 55 New Montgomery Street, Suite 401 REV—ED — San Francisco, California 94105 3 ( 415) 543-5372 - 4 Attorneys for Claimant P.H'LSATCHELOI CLESK ROA OOF SUPERVISORS 5 By ;CONT ,-COSTA O. ... .� ""'�'�...... Deputy 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 11 In the Matter of the Application ) For Permission To File Late Claim ) Z. W m 12 of, ANGELA K. LEE, Claimant ) � N ) Z N O ) 'W a 13 V. J LL faVinn y R m n ) m Q aOW M 14 COUNTY OF CONTRA COSTA, ) LL O , � OO N ) O ; O W — 1 'ate f z ° 15 O ; a Ow LL mz 16 0 N N 17 1 . Angela K. Lee hereby applies to the Board of Supervisors 18 for leave to present a claim against the County of Contra Costa, 19 pursuant to Sec. 911. 4 of the California Government Code. 20 2. The cause of action of Angela K. Lee as set forth in her 21 proposed claim attached hereto, accrued on November 24, 1984 , a 22 period within one year from the filing of this application. 23 3 . Angela K. Lee' s reasons for the delay in presenting her 24 claim against the County of Contra Costa are described in the 25 Declaration of Angela K. Lee. 26 4. The reasons why this delay in presenting the claim will 27 not prejudice the County of Contra Costa are set forth in the 28 1 U 1 Declaration of Donato P. Allen 2 3 Dated: August 1, 1985 ROBOOSTOFF-ALLEN, INC. 4 _ 5 nato P. Allem 6 Attorneys for Claimant 7 8 9 10 11 6 w n Z w 12 w m N Z � O -iw a' mom. 13 w m QLLLLW faVin LL'0 0 0 n 14 'Oa 0 U) - 'T z ° 15 ;o < Ow LL M Z 16 so In < N 17 18 19 20 21 22 23 24 25 26 27 28 2 I Donato P. Allen RECEIVED 2 ROBOOSTOFF-ALLEN, INC. ['' 55 New Montgomery Street, Suite 401 3 San Francisco, California 94105 (415 ) 543-5372 1 PWL CATCHELOR 4BOARD OF SUPERVISORS Attorneys for Claimant CLERK�ccn RACOSTr1CO. ar . .c..e.r,�'.ar.ra........ oea+Ir 5 6 7 v 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 11 In the Matter of the Application ) U ~ for Permission To File Late Claim ) W m 12 of , ANGELA K. LEE, Claimant ) z N o ) � WI _ m 13 V. ) < F i v V ) U. 14 COUNTY OF CONTRA COSTA, ) 03. Z � N - ) F < O U) u m� 2 Zs 15 0 ; < 0W LL Z 0 < 16 I, Donato P. Allen, declare that: o N N 17 1. I am one of the attorney's representing claimant in this 18 matter. 19 2. The fact that there has been some delay in presenting 20 this claim will not prejudice the County of Contra Costa for the 21 following reasons: 22 3 . First, this claim is being presented well within a year 23 of the auto accident out of which this claim arose. Consequently, 24 the delay will have little if any effect on the memory of the 25 witnesses and the parties involved. 26 4. Second, the claim is for negligent design and 27 construction of Ygnacio Valley Road, specifically at or around the 28 Cowell Road intersection. Based on information and belief , 1 1 Ygnacio Valley Road has not been reconstructed or modified at or 2 around the Cowell Road intersection since November 24 , 1984, when 3 the accident occurred. Consequently, the delay in presenting this 4 claim will in no way preclude an accurate investigation of, this 5 suit. 6 I declare under penalty of perjury that the forgoing is true 7 and correct and that this declaration was executed on August 1 , 8 1985, at San Francisco, California. 9 10 11 onatc: P. Alle Attorneys for Claimant U W W ZW 12 " m 2 " o N, 13 W Q LLW " f V V ° u. 0 O 14 53:i O F sun UN _ F ¢ O " N " ins E z ° 15 0 ; a OW LL N 0 z 16 O " a 17 18 19 20 21 22 23 24 25 26 27 28 2 1 Donato P. Allen RECEIVED ROBOOSTOFF-ALLEN, INC. 1 V D ? 55 New Montgomery Street, Suite 401 San Francisco, California 94105 TO-; 7 IC- 3 3 ( 415) 543-5372 PH!L BATCHELOR C ERK BOARD OF SUPERVISORS 4 Attorneys for Claimant COSTA CO. By C-7..Lt/217- . Deputy 5 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 11 In the Matter of the Application ) a for Permission To File Late Claim ) ? m 12 of, ANGELA K. LEE, Claimant J Zm o ) J W W m ) Q LL y a p " LLoOtoN 14 COUNTY OF CONTRA COSTA, ) � < o" "-- - N z ' 15 mW 0 " z 16 I , Angela K. Lee, declare that: 17 1 . I am the claimant in this matter. 18 2 . I have previously never been involved in a lawsuit. 19 3 . On November 24 , 1984, I was involved in an auto accident 20 in which I suffered injuries. 21 4 . I did not file a claim against Contra Costa County within 22 100 days of the accident because I was completely unaware I could 23 bring an action for negligent road design against the County until 24 about May of 1985. 25 5. In or around May of 1985, my mother was involved in an 26 auto accident. My parents retained the services of an attorney, 27 Randall P. Choy, to help them with this matter. 28 1 1 6. During an interview with Mr. Choy, my father mentioned 2 that I also had been involved in an auto collision in the recent 3 past and briefly described the circumstances. Mr. Choy responded 4 that I might have a claim against the public entity which was 5 involved in designing and constructing Ygnacio Valley Road in 6 Contra Costa County. 7 7 . When my father informed me that I might have grounds for 8 a lawsuit for the injuries I suffered in November of 1984, I 9 immediately made an appointment to meet with Mr. Choy to discuss 10 the accident. 11 8 . After I met with Mr. Choy, he referred the matter to the Z W m 12 Law Offices of ROBOOSTOFF-ALLEN; INC. I had an interview with ix w� � 13 an attorney from this law firm, Donato P. Allen, in July of 1985. W a U f a� N a 14 In that interview, Mr. Allen agreed to represent me regarding this LL O m LL U. 0 OO N 0 oNNN U) f Z ; 15 claim. 0 a 3 Z 0 z 16 I declare under penalty of perjury that the foregoing is true 0 " a 0: � N 17 and correct. 18 19 Dated: ARfgela K. Lee 20 21 22 23 24 25 26 27 28 2 CLAIM AGAINST THE COUNTY OF CONTRA COSTA 1. CLAIMANT'S NAME (print) : Angela K. Lee 2. CLAIMANT'S ADDRESS: 4400 Kearsarge , Concord, CA 94518 (address) . (City) (State) (Zip Code) 3. AMOUNT OF CLAIM $ 750 ,000. 00 PHONE NO. (415) 825-8138 4. ADDRESS TO WHICH NOTICES ARE TO BE SENT, IF DIFFERENT FROM LINES 1 and 2: (print) ROBOOSTOFF-ALLEN, INC. (Name) 55 New Montgomery St. , - Ste 401 (Street or P.O. Box Number) San Francisco, CA 94105 (City) (State) (Zip Code) 5. DATE OF ACCIDENT/LOSS: November 24, 1984 6. LOCATION OF ACCIDENT/LOSS: Accident occurred in right westbound lane of Yqnacio Valley Road; just west of the intersection of Cowell Road and Yqnacio Valley Road in Contra Costa County, California. 7. HOW DID ACCIDENT/LOSS OCCUR: See Attached. 8. DESCRIBE INJURY/DAMAGE/LOSS: Concussion and a loss of memory; broken right foot; lacerations to face, requiring plastic surgery; injury to vocal cords ; loss of wages ; Emotional distress. 9. NAME OF PUBLIC EMPLOYEE(S) CAUSING INJURY/DAMAGE/LOSS, IF KNOWN: Those responsible for designing and constrcting that portion of Ygnacio Valley Road at and around the intersection of Ygnacio Valley Road and Cowell Road in Contra Costa County, California. 10. ITEMIZATION OF CLAIM (list items totalling amount set forth above) : Medical Expenses $ Unknown Loss of Wages $ Unknown Emotional Distress $ Unknown S TOTAL $750 ,000. 00 11. Signed by or on behalf of Claimant: Donato P. Allen 12. Dated: 7. HOW DID ACCIDENT/LOSS OCCUR: Claimant was a passenger in auto driven by her husband. He turned right off Cowell Road onto the westbound entrance for Ygnacio Valley Road. Due to the fact that the sun shone directly into the eyes of Claimant and her husband as they proceeded toward Ygnacio Valley Road, they were unable to observe that a car was stalled where entrance merged with the road. As a result, their vehicle ran into stalled vehicle. License number of the vehicle in which Claimant was a passenger: 0 664TPK (California) . 1 1. Claim late appl denied � 2. Lee Angela K 0 AP MDBD. BOARD OF SUPERVISORS OF CONTRA COSTA CMM. CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT September 10, 1985 governed by the Board of Supervisors, ) The copy of—Mrs—do—c—um—en—Fgrled 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: Marvin McNeill Attorney: Address: 89 La E-spiral Orinda, CA 94563 From County Counsel Amount: Unspecified By delivery to clerk on August 26 , 1985 Date Received: August 26, 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. Dated: Aug„—,4f— 96, 19R5PHIL BATCHELOR, Clerk, By _Deputy ery i 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 ORDER pp „ By unanimous vote of Supervisors present This elaiwf is rejected in full. ( ) Other: I certify that this is a true and correct copof th Board's Order entered in its minutes for this date. Dated: 9E P 0_ r PHIL BATCHELOR, Clerk, By 49J ' , Deputy Clerk wft� WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed, t -- t. bATID:_a��:_rF`'_1_t/ i985 PHIL BATCHELOR, Clerk, By Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM •ti CHUBB GROUP OF INSURANCE COMPANIES I ) August 20, 1985 County Council Contra Costa County 64unty COUnsel County Administrative Building P. 0. Box 69 ` ' � ) 1935 Martinez, CA 94553 Martinez, CA 94553 Attention: Elizabeth Heary Re: Our Insured : Marvin McNeill Address . 89 La Espiral, Orinda, CA 94563 Our Policy No. : 5182 39 79 Dear Ms. Heary: I received a message that you had called me indicating that there were no enclosures in ny letter to you dated August 6, 1985. For your convenience, I have enclosed a copy of the County permit papers that we have in our possession. Should you need any further information, please advise. Thank you. Sincerely, CHUBB GROUP OF INSURAPICI� COM},'ANII,"S �- RECEIVED Kathy Gale Claims Manage AUG --X 1985 ./ PHIL SATCHELOR KGi LERKD D OF SUPE ISOR> CO TA COSTA U De ur Enclosures y: '"Rrca.7C.�r.-ri't'4�rT�� f���"�..i.�3+..•�r i 7V+1 ..7�Na'�}°.'Y4+Os.a.Va wt- -ate-:c "'�' ' '�.`�••,...i•. -�c 'ti�•.'Ai. : . iii .._ �, 'i. t t ,. i - 7i• . . U ,..y. , 4,t1 r __'... 41, -.03 0 PLUME (B) �.•►f' • . . BUILDING INSPECTION DEPARTMENT O ELEC IC) Bu110rnq Ppnitt a County of Contra Costal 73/G APPLICATION FOR PERMIT L/ f-41 CCL/J( ,loP O du. lap • Martina! CA"667 • 77y-23W O NandRitn�Arc u f�� S/J V c . Ip JOB LOCATION � �7i.Ps4,L/ Aro (l /E/��!1r�D Lw - OWPYE Nantes; sJL// �7Q�Td cz•c9 i�� , 110r.a/– Ar pr g y N/'IqG'.-..�_...,� .. ELECTRIC CONTRACTOR pTtOry s s , Nath ___ Andrs.a L1GN1►R e PLUMBING C.UN7RACTOR —�--�� Phures • A043104e LICrdnae a .I' .. .. ME(.N A F CT ._R pnWla / e;" ..T F4 /S ` .�Jooreaa /l�,/�'tidlLt '/-�'_L,asnnaa 4.3 . a 2 UCENUD CONTRACTORS 06CLARAT10411 Ar`~ •w'rw Y;• I r»reoy Mhrm Inst,►m;.(Mead now Ila pro,sic,•!pr Cn{plw 9 r<uw.,A•ncrAq / q 3 wdAr Sorpnn 70001 or fywn ]M IM O,.uAeto a„A a.rr,h•s,rr.C 00, rmo ms I,csnaa a ♦. _ .._ W IWI I191,e and Ilet•I S ~ N✓•a✓r 1 _ .__ • M �*_i l ICMN Clan Dab ..•+las { - . �rw'n.ea _...__ • r• D[CLAIRATION t[I[MPTI ) / �, s —00 / . 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Wft W.however.rho bWdi^Q N wiprwe,rwnt y sad wuMn ons y.er Vt ccvwptel.on the t .J• I r .. owr►-Duva.we hays trio C..rdM W 010"Mr Aral M no awed is,rmPrOW W M PVrpadae of 0") , P+Caa•Fit tOEd Q. s PQldlslt Pro" � j r Agree, Q 1.ale dwna,La It's p,L%m,Iyr Vn ptlusaely Cuing,";.N with LK areseo 11 K woes to r su.F /0r� ,•{i - ?-Gonalrso the pmWLf IC,-44 auo,aas aW P,Wo~,on/C0430 tM Cam."foe ty L ItlaAae Law hHe nJNpply to W ow M,Ce p.op►ny who twiks,m rnP,o•sa ttswlwdn an* :) t"C,1• aPY6 Q ► am MILTM Q •• '• eras)WAU KN IN such pr o)K2►wUn a con pectG,(a)Ic•naeO R,rtuw N low Gimps- .. E 1W/1KrMs Law) ,� ♦ NstcJA! 116004,31D a oars iwomp, _�.' ;•1 „� - M.OfAer Apycawb D I am 0-vien0t unoe, Sac B sP C lo,1114 mean ! -• Doe. CTwna, Meru MI �s�/+n'�_ - •r `::.. WORKER 6 COM►[NLATION DECLARATION 7� .�'A' AA. o^a "a%IY. C i y 1 n•,60y afhrn.that ! 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Moon Law of CAlno,nu NLYUND YO `:�.,!d,{•:;n.m� DaisAppla,Ml .-.«._...._.�.- ..+—'•---•.•rA . .r' }'SY��. NOTICE TO APPLICANT Of offs,Making the%CerohL.t01FAro ,phortyuu%A%%AiDO- r,wterysrwlnaw,eifMsWPtfcetipnM ouE ts[ . Coro* Coa awdlml to the WV,tAYa CompenaaLC.n pf0vratonc s PI me Laths, oo. row w.u)l n aC. ,nlormaPpP if con 1 t0 Ipn111•Ith cothph with Auch provisions or this parent tMI De oNnlsd("Alleged rty e,q tvlrt+h OrdrNK,it mr4111tFW taste p<ittls101p ...:. •1;'..•. CON6TRUCTION tiNOlNO AQ[NCr °W cVrNtrsAlYdrL 4604tYatOHGrtps. ❑ I. Nal Na s•Nrk toy vehicle this trhimN'a a corla,uc6on bndrn�a1tencs,to,Ina psrWm+a Arcs c DDu11t yffOR Mit Pw�wdPp •,r;y.7• 4A7`•Y is rquad LAnOsr's twice Lenders Ada". r AesNrw. r4.1��f 4• FTI. A"WA:v•wta,.rllppplMw)Qopt `••�,;~ryC'1 i•. _ 01 hafeny em,m ill host is IssurVIflti.OtYr IMoullm ePsncy fur VV o _ 1� �a:`� `Vti'•s' the went 14r srhtcn tT11/permit Ia IaeUed (�J Ddal""T� P • ....•l.F.i� , 1"a It'w:S.i' ..�•�., !tin. •1..:. e •..I -�F 't4X1t L •t,:;fern,. r • r J. ' � �M1 .'�.. Y ! ; r; r ar t•.r `. y >,. M�,T,,... •:}`}'°ani• t� r i it°,•'. " t � wt.tt at' '•/. r- t..�. t ' . r.� � �4,i » a s! .i� y Miii l" - • 1. r C300 cl `` f e• _, w � t � � "� � .Sirs.,:=,..r•,• l i 1 l •` I "' �'P C 3 > Z tsi`.:, ,,i 't',4:,. �• .t- r, o ♦ � i i a � 3a E + t i aft t3 n p •}: • •'..: 'v.. + Qj VC-* + i N • i A r : e t t,a 5...at ♦ 21 1 i. ft'Q "IK l ti. ,:�2•'t. p •'tL ag � ++j 1 �'yyi if ,..ove}�^a^" P. e t\ljj.�'.' .• '4f'. �t r 4f n i•.l Y i 4�� {. rJ7 i • :552. ,• q, r w �' <' i w 3 • .. '+ .�..r^"_. •.•P . "�' • �' w7 � t �`•`• `Aw]R!-i tom,, � Y y , L. C t� �► :`: � t :f h .. f • , � w' }' � •� i• �••+ ♦)yam• IL Tb 00 s: • a Vii' �: 1r, IN of It IN J: 1 • 1 s n!. � 1 f !,�• :��•"i-'lt7 1p, to(I�,1 3.�"Yr'R'Q��t� t/f,•!!. , ii /}'�T�yn� .1 •�•' I • 1 ' t .t;}-„�t� ! � It�i7 •�- ,J r.,11, ,.l hr r.. 141 �V', -�K ' t" C:.S 5;5��7y".��. vr ?' w•;F+ i , is t `� + } r _ , Tn 1 •�-' •�•1�• .• � � 1 \T 1 1. Vq 15. h r •iH a fo i f �i '•F�� tit NIS tr`I s 1 .i.. ` f•l l ' e 1. Claim amended denied 2. McNeill Marvin { r.A AMENDED CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE,; TO CLAIMANT September 10, 198`_ governed by the Board of Supervisors, ) The copy of this ocument 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: PATSY JAIME Attorney: :5.0:0 (Aunlzal John D_ Hourihan Crawford, Valerian & Lilly ;•uu 9 6 1985 Address: 3650 Mt. Diablo Blvd. , Suite 201 P .O. Box 367 Martinez, CA 94553 Amount: Lafayette, CA 94549-0367 ' delivery to clerk on Date Receiv &demnity August 23 , 1985 By mail, postmarked on August 22 , 1985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: August 26, 198`PHIL BATCHELOR, Clerk, By Deputy Aann'aC=e ryelli 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: � a�:• Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Codnsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER unanimous vote of Supervisors present Ci.a. This claiml-is rejected in full. ( ) Other: I certify that this is a true and correct cop of thBoard's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By ivw, ��,,, U , 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 lqave to esent a late claim was mailed DATED: S PHIL BATCHELOR, Clerk, By J.AJ1 ° , Deputy Clerk cc: County Administrator (2) County Counsel (1) i RECEIVED 1 CRAWFORD, ITALF.RIAN & LILLY AUG Attornevs at Law 2 3650 Mt. Diablo Blvd. , Suite 201 P. O. BOX 367 ►gii IATCH1101 6 ACU OF oEtvlSJI; 3 Lafayette, CA 94549-0367 "�R .. w Telephone: 284-5180 4 Attornevs for Defendant and 5 Cross-complainant , PATSY JAIME 6 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA 9 10 In the Matter of the 26 Z cP�U Claim of Patsy Jaime Case No . 11 against Contra Costa County and Deputy CLAIM AGAINST CONTRA COSTA 12 Cunningham, COUNTY AND DEPUTY CUNNINGHAM 13 14 TO CONTRA COSTA COUNTY AND ITS EMPLOYEE , DEPUTY CUNNINGHAM, Badge No . 39126 : 15 Please take notice that PATSY JAIME, by and through her 16 undersigned attorney, hereby makes claim against the County of Contra 17 Costa and its employee Deputy Cunningham for contribution and 18 equitable indemnity as follows : 19 1 . The claimant's attorney is JOHN D. HOURIHAN, CRAWFORD , 20 VALERIAN & LILLY, 3650 Mt . Diablo Blvd . , Suite 201 , Lafayette, 21 California; the claimant's address is 164 Lorraine Avenue, Pittsburg, 22 Califonria 94565, but she requests all notifications concerning this 23 claim be delivered to her attorney; 24 j 2 . On or about December 18 , 1983 , claimant was proceeding 25 �! through an intersection at the direction of Deputy Cunningham, 26 is employee of Contra Costa County. This intersection was constructed 27 28 I. 1 designed, operated and maintained by Contra Costa County. Both the 2 County and its employee conducted themselves in so negligent a''ivanner 3 as to cause an impact between claimant 's vehicle and the vehicle of 4 another driver entering the intersection. 5 3 . Claimant is thereby entitled to contribution and equitable 6 indemnity against the County and its employee for any claims, 7 forbodily injury, property damage , wage loss , loss of use, emotional 8 distress , general damages , or prejudgment interest brought by the 9 driver or passengers of either vehicle involved in the accident, 10 such as are embodied in the complaint titled Nies v Southern Pacific 11 Transportation Company, Patsy Jaime , et al , No . 262984 filed in 12 Contra Costa County Superior Court , and claimant hereby demands such 13 relief. 14 15 DATED: J-12- - ; CRAWFORD, VALERIAN & LILLY 16 17 BY: J HN D . HOURIHAN 18 19 20 21 22 23 24 25 26 27 28 • PROOF OF SERVICE I am a citizen of the United States and am employed in the County of Contra Costa, I am over the age of eighteen years and not a party to the within above Entitled action , my business address is 3650 Mt. Diablo Blvd. , P. O. Box 367 , Lafayette, California 94549 . On August 13 , 1985 I serve the within CLAIM AGAINST CONTRA COSTA COUNTY AND DEPUTY CUNNINGHAM on the respective party in said action, by personally serving a copy thereof to: Clerk of the Board of Supervisors . 651 Pine Street Martinez, CA I certify (or declare) under penalty of perjury that the foregoing is true and correct. i Executed on August 13 , 1985 at Lafayette , California. 4 L: B .'-CARR a s w 1 CRAWFOP.P, VALF.RIAN & LILLY RECEIVED - Attornevs=at Law 2 3650 Mt. Diablo Blvd. , Suite 201 P. O. BOX 367 3 AUG�3 19655 Lafayette , CA 94549-0367 , ,Telephone: 284-5180 4 HIt RA7CMEL R ;,^,C.; Attorneys for Defendant and s T Aco,r Dr 5 Cross-complainant , PATSY JAIME 6 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA 9 10 In the Matter of the Claim of Patsy Jaime 11 against Contra Costa Case No . 262984 County and 12 Deputy Cunningham,- ADDENDUM TO CLAIM AGAINST CONTRA COSTA COUNTY AND DEPUTY CUNNINGHAM 13 / 14 TO CONTRA COSTA COUNTY AND ITS EMPLOYEE , DEPUTY CUNNINGHAM, BADGE 15 NO . 39126 : 16 PATSY JAIME, by and through her undersigned attorney, makes 17 the following addendum to her claim previously served on the County 18 of Contra Costa : 19 I The Complaint of Nies v . Southern Pacific Transportation Co . 20 ( number 262984 was served on PATSY JAIME in person on June 5 , 1985 . 21 A copy of said complaint is attached hereto . 22 DATED : August 22 , 1985. 23 CRAWFORD , VALERIAN 69 LILLY 24 j 25 BY: � 26 JOHN D. HOURIHAN 27 28 ATTOANEY'OR PARTY WITHOUT ATTORNEY(NAME AND ADDRESS) TELEPHONE: FOR COURT USE ONLY The Scranton Law Firm 415-682-7777 2255 Contra Costa Blvd. Ste. 301 Pleasant Hill, Ca. 94523 ATTORNEY FOR(NAME) Plaintiff- BRENDA GAIL NIES SUPERIOR COURT OF CALIFORNIA. COUNTY OF CONTRA COSTA AU G 2 4 j984 P.O. Box 911 .l•R OLSSON, County Clerk Martinez, Ca. 94553 CONTRA COSTA COUNTY COROOVA, Deputy PLAINTIFF: BRENDA GAIL NIES DEFENDANT; SOUTHERN PACIFIC TRANSPORTATION COMPANY, CONTRA COSTA COUNTY, PATSY JAIME, EM DOES 1TO u COMPLAINT—Personal Injury, Property Damage, Wrongful Death CASE NUMafiR XJ MOTOR VEHICLE OTHER (specffy): General Negligence (;Property Damage Wrongful Death Premises Liability QJPersonal Injury Other Damages(specify): 262984 6298A 1. This pleading, including attachments and exhibits, consists of the following number of pages: __ 6...-- 2. a, Each plainitll named above Is a competent adult Q Except plaintiff (name): =a corporation qualified to do business in California =an unincorporated entity(describe): =a public entity(describe): Qa minor Q an adult Q for whom a guardian or conservator of the estate or a guardian ad lilem has been appointed (� olhur (spocily) Q other(specify): Q Except plaintiff(name): =a corporation qualified to do business in California =an unincorporated entity(describe): Qa public entity(describe): =a minor Q an adult Q for whom a guardian or conservator of the estate or a guardian ad litem has been appointed Q other(specify): Q other(specify): b. Q Plaintiff(name): is doing business under the fictitious name of(specify): and has complied with the fictitious business name laws. C. Q Information about additional plaintiffs who are not competent adults is shown in Complaint— Attachment 2c. (Continued) Form Approved by the Judicial Council er2N Enectve January i, 1982 COMPLAINT—Personal Injury, Property Damage, Ru1e982.1(1) _- ='rongfui Death CCP 425.12 �' tHORT TITLE: CASE NUMBER: Brenda Gail Nies vs. Southern Pacific Transportation C . ,ET AL COMPLAINT—Personal Injury, Property Damage, Wrongful Death Page two 3. a. Each defendant named above is a natural person LX] Except defendant(name): Except defendant(name): Contra Costa County SOUTHERN PACIFIC TRANSPORTATION CO. ' F7]a business organization, form unknown F]a husinef;s organization, form unknown ( a corporation U a corporation Q an unincorporated entity(describe). []an unincorporated entity(describe): Q a public entity(describe): n a public entity(describe): COUNTY Q other(specify): Q other(specify): ® Except defendant(name): Except defendant(name): Q) a busmaas organlzallon, form unknuwn (=_J a business organtration, form unknown ( i o corporation [__)a corpurntion Q an unrncprpornlud entity(doscribo): [:J an unincorporated entity(doscnbe). Q a public entity(describe): Q a public entity(describe): other (specify). ( �othor (npordy): b. The true names and capacities of defendants sued as Does are unknown to plaintiff. c ] Information about additional defendants who are not natural persons is contained in Complaint— Attachment 3c. d. ] Defendants who are joined pursuant to Code of Civil Procedure section 382 are(names): 4. �, Plaintiff is required to comply with a claims statute, and a, plaintiff has complied with applicable claims statutes, or b. Q plaintiff is excused from complying because(specify): 5. This court is the proper court because at least one defendant now resides in its jurisdictional area. Q the principal place of,business of a corporation or unincorporated association is in its jurisdictional area. injuryto person or damage to personal property occurred in its jurisdictional area. rQ other(specify): ei 6. f$] The following paragraphs of this complaint are alleged on information and belief(specify paragraph numbers): Paragraphs 8, 9, lo, 11, MV-1, MV-2, GN-11 GN-21 GN-3, Prem.L-1, Prem.L-21 Prem.L-31 Prem.L-41 Prem-L-5. (Continued) Page two i SHORT,TITLE: CASE NUMBER L BRENDA GAIL NIES VS. SOUTHERN PACIFIC TRANSPORTAION C ET AL. COMPLAINT—Personal Injury, Property Damage, Wrongful Death (Continued) Page tnree 7. [] The damages claimed for wrongful death and the relationships of plaintiff to the deceased are [Q listed in-Complaint—Attachment 7 Qas follows. 8. Plaintiff has suffered wage loss [,] loss of use of property (� hospital and medical expenses [$]general damage Q properly damage [X J loss of earning capacity other damage(Specify)- i i 9. Relief sought In this complaint is within the jurisdiction of this court. 10. PLAINTIFF PRAYS For judgment for costs of suit, for such relief as is fair, just, and equitable, and lot componsatory damages XX3(Superior Court) according to proof. (Q(Municipal and Justice Court) in the amount,of S . other (specify): pre-judgement intrest. 11. The following causes of action are attached and the statements above apply to each (Each complaint must have one or more causes of action attached.) RD Motor Vehicle ( General Negligence Q Intentional Tort Q Products Liability Premises Liability Q Other(specify): I t Michael C. Scranton . . . • . . . . . .(Type or print name). I . . . . . . — (Signature of pia�nt�n or attorney) COMPLAINT—Personal Injury, Property Damage, Page three Rule se2.t(1)(conr•a) Wrongful Death (Continued) CCP 425.12 PL1A 5M 1-82 ' StVORT TITLE: cnsE r+uMeEa BRENDA GAIL NIES VS. SOUTHERN. PACIFIC TRANSPORTAION CO. ET AL FIRST CAUSE OF ACTION—Motor Vehicle Page 4 (number) — ATTACHMENT TO ftComplaini =Cross-Complaint (Use a separate cause of acts;n form for each cause of action.) Plaintiff (name): Brenda Gail Nies MV-1. Plaintiff alleges the acts of defendants were negligent; the acts were the legal (proximate) cause of injuries and damages to plaintiff; the acts occurred on (dare) December 8, 1983 at(pface): Loveridge road at its intersection with Pittsburg/Antioch Highway, Contra Costa Highway, California. MV-2, DEFENDANTS a. The defendants who operated a motor vehicle are(names) PATSY JAIME Z Does--1 — to - 4 ___ b. The defendants who employed the persons who operated a motor vehicle in the course of their employment are(names)' PATSY JAIME E7XDoes— 5 — to_7 . - c. [ The defendants who owneo the motor vehicle which was operated with their permission are(names): PATSY JAIME Does—8 _------. to ._10 -- d. n The defendants who entrusted the motor vehicle are(names) PATSY JAIME 5�3 Does 11 __ to_12 e. [ The defendants who were the agents and employees of the other defendants and acted within the §cope of the agency were(names): PATSY JAIME [1 Does—13 _ to 15 _ 1. 5]`rhe defendants who are liable to plaintiffs for other reasons and the reasons for the liability are =listed in Attachment MV-2f =as follows: [)q Does 16 to 20 Form Approved by the Judicial Counco of California EnactRue 982 1(2) 1982 CAUSE OF ACTION—Motor Vehicle CCP 425 12 'I SHORT TITLE: CASE NUMBER: BRENDA GAIL NIES VS. SOUTHERN PACIFIC TRANSPORTATION CO. ,ET AL SECOND(number) CAUSE OF ACTION—General Negligence Page 5 ATTACHMENT TO ®Complaint =Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-t. Plaintiff(name): BRENDA GAIL NIES alleges that defendant(name). County of Contra Costa C:�Does 21 to 30 was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on(date): December 8, 1983 at(place): Loveridge Road at its intersection with Pittsburg/Antioch Highway, Contra Costa County, California. (description of reasons for liability) GN-2 At all times mentioned, defendant County of Contra Costa, and does 21 to 30 were the agents and employees of the other defendants and were acting within the course and scope of the agency and employment. GN-3 Defendants, and each of them, carelessly and negligently, controlled, warned, motioned forward the traffic at said intersection, so as to proximately cause a vehicular collision which caused injuries to Brenda Nies as set forth above. Form Approved by the Judicial Council of California Effective Rue982.1(3j 198 CAUSE OF ACTION—General Negligence CCP 425.12 PL3 5M 1-82 S140AT TITLE: CASE NUMBER: BRENDA GAIL NIES VS. SOUTHERN PACIFIC TRANSPORTATION C . ,ET AL THIRD CAUSE OF ACTION—Premises Liability Page _ 6 (pumper) _ ATTACHMENT TO ( Complaint =Cross-Complaint (Use a separate cause of action form for each cause of action,) Prem.L-1. Plaintiff(name): BRENDA GAIL NIES alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff. On (date): December 8, 1983 Plaintiff was injured on the following premises in the following fashion(doscriptiun of pfonin;os and circunlstancos of injury) That on the date set forth herinabove, defendant did so negligentyl and carelessly own, possess, lease, operate, maintain, design, construct, repair, equip and control said defendant premises so as to make them dangerous, hazardous and unsafe; that defendant knew, or in the exercise of reasonable care should have known of such conditions; that knowing of such conditions, said defendant was further careless and negligent in failing to warn invitees, including plaintiff herin of such conditions. Prem.L-2. Q]Count One—Negligence The defendants who negligently owned, maintained, managed and operated the described premises were(names), SOUTHERN PACIFIC TRANPORTATION COMPANY, COUNTY OF CONTRA COSTA. ZD Doos-31---- 10 33---.--- Prem.L-3. [Z Count Two—Willful Failure to Warn (Civil Code section 8461 The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were (names): SOUTHERN PACIFIC TRANPORTATION COMPANY, COUNTY OF CONTRA COSTA Q Does .-34..—_-- to 3b-- Plaintiff, a recreational user, was =an invited guest =a paying guest. Prem.L-4. [X—] Count Three—Dangerous Condition of Public Properly The defendants who owned public property on which a dangerous condition existed were(names): SOUTHERN PACIFIC TRANPORTATION COMPANY, COUNTY OF CONTRA COSTA. [5� Does 37 t038 a. () The defendant public entity had [�Dactuaf =constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. b. The condition was created by employees of the defendant public entity. Prem.L-5. a. ® Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names): ®Does 39--to -.40 b. The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are ED described in attachment Prem.L-5.b ®as follows(names): Does 41 to 45 Form Approved by the Judicial Council of Cawornis EtrectRue982.1($) 19e2 CAUSE OF ACTION—Premises Liability CCP 425.12 (PROOF OF SERVICE BY MAIL - 1013a, 2015. 5 C.C.P. ) I am a citizen of the United States ; I am over the age of eighteen years and -not a party to the within above entitled action; my = business address is 3650 Mt. Diablo Boulevard, Lafavette, California On August 22 , 1935 I served the within ADDENDUM TO CLAIM AGAINST CONTRA COSTA COUNTY AND DEPUTY CUNNINGHAM on the respective counsel in said action, by placing a true copy thereof enclosed in a sealed envelope with postage fully prepaid, in the United States office mail box at Lafayette, California, addressed as follows : Clerk of the Board of Supervisors 651 Pine Street Martinez , CA 94553 I declare , under penalty of perjury that the foregoing is true and correct. Executed on August 22. 1985 at Lafayette,. California. Rina (:nrnolinc CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT September 10 , 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: Willie Ann Moore Attorney: William M. Kolin CountyCounsel 436-14th Street, Suite 1105 AUG 0 y 1985 Address: Oakland, CA 94612 Amount: $500 , 000. 00 By delivery to clerk on Martinez, Ck +4�0'c Date Received: August 8 , 1985 -By mail, postmarked on August 7 , 1985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: August 8 , 1985 PHIL BATCHELOR, Clerk, By ' Deputy n Cer re li II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (7 4 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 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 the a'd's Order entered in its minutes for this date. Dated: SEE 10.125PHIL BATCHELOR, Clerk, By d , 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 to pr nt a late claim was mailed o claimant. DATED: SEP 10 1985 PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) M Alru 2 3 4 PM;L pgTCHELOR CLEIK eOAfiOF SUPERVISORS OSTA CO/ 5 py 4 Deputy. 6 7 8 CLAIM AGAINST THE 9 COUNTY OF CONTRA COSTA 10 11 To: Clerk of the County Board of Supervisors for the County 12 of Contra Costa 13 14 Willie Ann Moore hereby makes claim against the County of 15 Contra Costa for the sum of $500 , 000 . 00 and makes the following 16 statements in support of the claim: 17 1. Claimant' s post office address is c/o Morgan & Kolin, 18 William M. Kolin, 436 - 14th, #1105 , Oakkand, CA 94612': 19 2 . Notices concerning the claim should be sent to 20 Morgan & Kolin, William M. Kolin, 436 - 14th, #1105 , Oakland,.; 21 CA 94612 . 22 3. The date and place of the occurrence giving •ri� to= 23 the claim is : July 15 , 1985 11: 33 p.m. 24 Cutting Blvd. & South Fourth Street 25 Richmond, Contra Costa County, California 26 4. The circumstances giving rise to this claim are as 27 follows : 28 The claimant was crossing South Fourth Street, near Cutting 29 Blvd. when she was struck by a motorcycle. On information and 30 belief, claimant states that the County of Contra Costa was and 31 is responsible for the construction and maintenance of this inter- 32 section. This intersection has created a dangerous condition 33 at that location to pedestrians and contributed to claimant' s 34 injuries . 35 5 . Claimant' s injuries consist of a fractured pelvis, 36 broken jaw and arm, as well as numerous lacerations and broken Nt 1 teeth. 2 6 . The names of the public employees causing the claimant' s 3 injuries are unknown.. 4 7. The amount of the claim as of the date of this claim 5 is $500 ,000. 00 . 6 B . The basis of computation of the above amount is an 7 estimate of current and future medical expenses, wage loss , and 8 general damages. 9 Dated: August 7, 1985 10 11 12 WILLIAM M. KOLIN Attorney for Claimant. 13 WILLIE ANN MOORE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 -2- 1 . Claim denied 2. Moore Willie Ann CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE 70 CLAIMANT September 10, 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 Goverment Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: BRYAN & MURPHY ASSOCIATES, INC. Attorney: William J . Boyd County Counsel Bishop-, Barry, Howe & Reid Address: 465 California Street, 11th Floor AUG 0 y 1985 San Francisco , CA 94104 delivery Amount.: BY I'Y to clerk on Martinez f.A 94553 Indemnity Date Received: August 8 , 1985 By mail, postmarked on August 7 . 1985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: August 8, 1985 PHIL BATCHELOR, Clerk, By A^ 017 1 Ai iDeputy 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 ORDER By unanimous vote of Supervisors present �1 This claim is rejected in full. ( ) Other: I certify that this is a true and correct copof th Boards Order entered in its tes or this date. Dated: p 190. 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 Goverment 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 Boards 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 esent a late claim was mailed DATED: F PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) aRECEIVED qq Q f1lJ�J 8 (.;v.% FH:L BATCHELOa CLAIM AGAINST THE COUNTY OF CONTRA Sf nKBOA'A suveavisoas NTRA 5T. Duty , 6Y, • C�-0�/ BRYAN & MURPHY ASSOCIATES, INC. , presents a claim for indemnity against the COUNTY OF CONTRA COSTA. CLAIMANT'S ADDRESS: c/o BISHOP, BARRY, HOWE & REID 465 California Street , 11th Floor San Francisco , California 94104 DATE OF OCCURRENCE: July 30, 1985 (Date of service of Cross-Complaint on party making claim. ) PLACE OF OCCURRENCE: 943, 955 , 9891 995, 981 and 975 Kelley Court , Lafayette, CA 94549 SAID CLAIM ARISES FROM FOLLOWING CIRCUMSTANCES : See attached copies of First Amended Complaint and Cross-Complaint in Contra Costa County Superior Court, Action No . 251359 , entitled Locklin, et al . v. City of Lafayette, et al . ITEMS, NATURE AND EXTENT OF DAMAGES OR INJURIES: Indemnity as more particularly set forth in attached documents . BISHOP, BARRY, HOWE & RREID/ By William J. Boyd Attorneys for Bryan & Murphy Associates , Inc. r -NAME AND ADDRESS OF AT?(;R.NEV TELEPF+C'.;i NO � r OR COURT U:,i. ONLY j 1\:.1,::TIN, RYA". & ANDRADA (415 ) 763-65j J A Professional Corporation ; G:re Kaiser Plaza , Suite 785 I Oakla".a CA `)4612 i1 ' ATTi,P:.i:V Jrt !.ne) F i.l' ^ ,'l 1, 7l1 \'1T Cross–COri,,,Plalnant C- NTU,. HO IE'l D, 7 LOt �- Ca�17C —� i InsOrt r Arne of court.!Ud.c,al GsIn,:I or t)ranen;,our,,ll dny,tand Post office ane Sl:rpt AdjleSS SUPERIOR. COURT OF C11T IFORN IA, COUNTY OF CONT. a 1 Cn,��'I•. P. 0. Box 91i , Court and Drain Streets M-nrtinez , CA 94553 I i PLAT\7:FF HARRY LOCKLIN, et al , V. Defendants: CIRECEIVED TY OF LAFAYETTE, et al . , I u I ;l L_ . BRYAN & MURPHY • ASmrr>TPr; fwr� � oc .tczet's CENTURY HOMtS DEVELOPI"ENT CO. , INC. , Cross-complainant , - V. i CITY OF LAFAYETTE, COUNTY OF CONTRA COSTA, CALT.FOn, I-A DI:P.'.RT^IE-NIT OF TR_%'NSPORT'%TION, BAY AREA RArITD TRANSIT DTST:.TCT, iGrn - ;- 1 7 , i,n ,� t, r 1 _:•iCOP._•J=tArrED, PETER COLE J .NSEN, INC . , and Dv..._, 1 :) . u .. _)0 , Cross– ,�fen::ants . c'U PA IV oN doss-coiIPLP. �rr I (:A$F _ T 231 NOTICE! Ycu have teen sued. The court raa v decide iAVISO! Usted ha lido denTandadc El trio:.lnal puede against you without ;•our being heard unless you respond decidir contra Ud. sin audiencia :: renos que ,Ud. rc within 30 d---,,s. Reac the information below. sponda dentro de 30 dins. Lea la i:. .;rrnacion que sigue. If you vf.p.n ;o ser: ;he advice of an ilitr,l;: y in this Si Usled desea solicii:,r c•! c;r1s: ',^ Un r)Q.i:i1i f:.• y0l. S:10U!o t!1, SG prOn,p!ly SO Ihat yOul written este, asU::tc. Uebu.u:j h:tcorlo inn de esin response. .; --:.--y. may be hied o:: lane, manera. su respues:a escnta. sl !.;:. :gUna, i;;.ede Scar registrada a tiempo. TO THE DEFENDA-NIT: A civil complaint has been filed by the plaintiff agalns: you. it you wish c:e!enri ;ins iawsu you must. '.aiihin 30 days after this summons is served on you, file witn IhiS court a •.vri!ten respan- to ii-C cecrplaln,. Unless y:;v do sc, sour default will be entered on application of the plaintiff, and this court n,a; euier a µ,dgmert ainst you for the relief demanded in the complaint, which could resuil in garnistrnent of e!:. taking of money or property or other relief requested in the complaint. DATED: y _ .a G r; vii (. Clerk. By !. it!_� !w;..r:.. .. Depu:y (SEAL) 2. NOTICE TO THE PERSON SERVED: You are served a. (, As an Individual de!enoant. 1 D. ,-X) As the person sued umcer the Ifatit,ou:; name of DOE 31 1 I c. ;.X! On behall of:, BRYAN & MURPHY ASSOCIATES r INC. I L Under: 'X . CCP 416.10 (Corporation) ; Cc:' . , 60 �] CCP 416.20 (Defunct Corporation) i CCP <t6 ?0 (I:.c;,;npelent) i (_. CCP a 16.40 (As:;oaatlon or Partnership) ; CCP .'-:.3 9j (Incn•lduap 1 (__ O[her. i d By personal delivNly on (Date): ----------- A e:ntl••:1 r.•s p,,n sP mw,1 ,n C.a In'!" „1.•..r.,.Usl hp :I.r. `;;o.!nrnv, Fr:J:... ... itaurf 11 J: S9rv:ce rd 6 C.0J1 nn n.t::: p.:,,n;d!:, . .T.n Ln .1drl' nland tl ,.... .. ..!firn••p ..`ni2rl tly n,l .tl!O::'�r•1 :,'2 1.nm ...'rn f, `: ,' ..;:1�.':I �,:,:�J on d;ifvty rn.-,, vdr(7epi a:J,: i.n :1 c :nninr.,1 C.' .er:n.e Fc, .y,m V:C, r,l (IP•11:1 1:)Inrr'.,,�L .:1;, 1 1 ?h1 ...,r,. -.nn.p.;,.:.' :.00"S t.:J45-r.:Om plus,. "pl;,.hlilf in�l,:Ccs CrGSsd.,, r::,inun!. 'r!,:f.-ndant mclutles UPS,;lrlCnr,.,n1 1a.'srt,G;d;J .,:..qy!:•;;:, orm Advp12:oy Ruh!4E2 (See reverse for Proof of Service) .I,mc.,.l council of cald,n:o L`� �p A q + :,,r;P;1 20 41:'G„ Rv..ced E:fPcWe Januar'r I 1979 S U 1':1 1.1 U.11;D .:, . 11. I MARTIN, RYAN & ANDRADA A Professional Corporation 2 Ordway Building, Suite 785 One Kaiser Plaza . 3 Oakland, CA 94612 NOV 17 1483 (415) 763-6510 4 �. Ii. UL.J.)i/;V, LnuntyClerk Attorneys for Defendant and CONTRA U)STA COUNTY 5 Cross-complainant CENTURY HOMES "iY DEVELOPMENT CO. , INC. D UEY G 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA 9 HARRY LOCKLIN, et al. , 10 Plaintiffs, 11 V. NO. 251359 12 CITY OF LAFAYETTE, et al . , 13 CROSS-COMPLAINT Defendants. FOR INDEMNITY 14 / 15 CENTURY HOMES DEVELOPMENT CO . , INC. , 16 • Cross-complainant, 17 V. 18 CITY OF LAFAYETTE, COUNTY OF 19 CONTRA COSTA, CALIFORNIA DEPARTMENT Or TRANSPORTATION, 20 BAY AREA RAPID TRANSIT DISTP.ICT, EIIGEO INC:ORPORATL•D, PETER COLE 21 JENSEN, INC. , and DOES 1 through 50, 22 Cross-defendants. 23 / 24 COI4ES NOW Cross-complainant CENTURY HOMES DEVELOPMENT 25 CO. , INC. , and cross-complains against cross-defendants , and i 76 each of .them, and for a cause of action alleges as follows : tAw AF FIG ES nF MARTIN, RYAN & ANORAOA 'p .w BIALOINO SIIIfE NIS d E.^ISFP nI.^Z^ OAKUNO.CALIFORNIw"a12 •wEA GOr1E I...,,•..+an I . i I 1 ! I i 2 Without admitting the truth of the allegations therein, 3 Cross-complainant incorporates by reference the plaintiffs ' 4 complaint. Cross-complainant was served with plaintiffs ' 5' complaint within the past 100 days and simultaneous with the 6 service of this Cross-complaint has served a claim against the 7 City of Lafayette, the County of Contra Costa, the California 8 Department of Transportation, and the Bay Area Rapid Transit 9District. Cross-comnl.ainant seeks leave of court to amend its 10 cross-complaint to show denial or denial by operation of law 11 of those claims. 12 II 13 The City of Lafayette , County of Contra Costa, California- 14 Department of Transportation , Bay Area Rapid Transit District 15 and Does 1 and 2 are public entities or other governmental bodies 16 who have used the watercourse spoken of in plaintiffs ' complaint 17 and who, by their acts and omissions , have altered the watercourse 18 and have overburdened it, proximately resulting in the damage 19 of which the plaintiffs complain. 20 III i 21 Does 3 through 30 are owners of properties on or 22 near the watercourse spoken of in plaintiffs ' complaint and by 23 their acts have altered the watercourse and overburdened it , 24 proximately resulting in the damage of which the plaintiffs 25 complain, 26 lAw M.f.CS rY —2- MARTIN. 2MARTIN. RYAN 6 ANDRADA ..w.,ss.w•I cnm..1.y. •.lM'A.nun Dw, slog ns i DNE•ncFn•`i nl• n.{EANO.CAEIFO"NIA 0.01] .nEA CDDf I.•. •w•..in � I I. IV I 2Cross-defendants ENGEO INCORPORATED and DOES 31 through 3 � 35 are engineering and design professionals who advised Cross- 4 complainant with regard to the suitability of certain lots and • I 5 ' other areas for development of residences. These cross-defendants 6 also furnished design services and consultations with respect to 7 the construction of certain lots and residences. While Cross- 8 complainant denies that there is anything wrong with either the 9 lots or Lhe residences , and contends that plaintiffs have 10sufferedno damages , Cross-complainant does nevertheless contend 11 that if plaintiffs have been damaged by reason of any deficiency 12 in the lots or improvements , on or appurtenant to the lots, it 13 is as a proximate result of the negligence of these cross- . 14 defendants. 15 V. 16 PETER COLE JENSEN and DOES 36 through 50 are contractors ' 17 who performed certain grading, storm sewer and underground 18 construction work on and appurtenant to certain of the residences 19 set forth in plaintiffs ' complaint. While expressly denying 20 that there is any defect or deficiency in the residence , lots or 21 appurtenant structures , Cross-complainant contends that if such 22 should be found to be the case , such defects or deficiencies and 23 all damages proximately resulting therefrom would be as a 24 proximate result of these cross-defendants ' negligence. 25 Vi 26 An actual and present controversy exists between E.W nr ores(M MARTIN. RYAN & ANDRADA —3— .wl�rssro..l r:l«mw.mr .InW.V BUIL DINri 1U11E 1.5 ONE w.SF.rI R.J. ..LAND,CAIIFONN1.04012 A.C.CODE 1.15I I., �I I I Cross-complainant and Cross-defendants , and unless all claims 2land liabilities are adjudicated in this one action , Cross- 3 complainant will be subjected to unreasonable burden and the 4 possibility of inconsistent findings. Should it be determined 5' that Cross-complainant is liable to plaintiffs , Cross-complainant 6 contends that such liability will , be at least in part due to the 7 negligence or other culpable acts of_ .cross-defendants, and in 8 such event prays for judgment against each such cross-defendant 9 for their proportionate share. Alternatively, Cross-complainant 10 contends that should it be held liable to plaintiffs , such 11 ` liability will be solely as a result of the negligence or 12 culpability of cross-defendants. In this latter event , and 13 intending service of this Cross-complaint to be notice pursuant 14 to C .C.P . §1021. 6 , Cross-complainant alleges that it is entitled 15 to recovery of costs and attorneys ' fees. 16 WHEREFORE, Cross-complainant prays judgment in its favor 17 and against cross-defendants for all or a portion of such damages 18 for which it may be held liable to plaintiffs, costs and attorneys ' 19 fees. 20 DEWED: November 14 , 1963 . 21 22 MARTIN , RYAN & ANDRADA A Professional Corporation 23 24 By 25 I JOSEPH D. RYAS] 26 I .MARTIN. RYAN 6 ANORADA ..d.,ssx•.. crv.ve,irn I� grow..nn o+u spm(.ns O�K.iS(n rt.:♦ ,BUND.C.IIFnf.Ml.p.nlj II i .n(.0000 i. . .n ..n j� i • 037/51 f\ r I PHILIP L. PILLSBURY, JR. PILLSBURY & WILSON 2 600 Montgomery St. , 44th Floor San Francisco, CA 94111 I4,84 3 Telephone: (415) 433-8000 4 Attorneys for Plaintiffs GO::':-•-. �o =� cL�::;� HARRY LOCKLIN, • LYNN WORTHINGTON, ----_••___.._ `� 5 SUSAN WORTHINGTON, AARON JOHNSON, CAROL JOHNSON, MAO LIN, DORIS LIN, ►� . _ :r.`i� r 6 EDWIN DONNELL, EDITH DONNELL, STANLEY L. SIZELER, 7 CATHYANN L. SIZELER and GEORGE LATTER 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 HARRY LOCKLIN, LYNN WORTHINGTON, SUSAN ) WORTHINGTON, AARON JOHNSON, CAROL ) 11 JOHNSON, ) MAO LIN, DORIS LIN, EDWIN DONNELL, ) No. 251359 12 EDITH DONNELL, STANLEY L. SIZELER, ) CATHYANN L. SIZELER and GEORGE LATTER, ) 13 ) FIRST AMENDED Plaintiffs, ) COMPLAINT FOR 14 ) INVERSE CONDEMNATION; V. ) NUISANCE; .NEGLIGENCE; . 15 ) TRESPASS TO REAL CITY OF LAFAYETTE, COUNTY OF CONTRA ) PROPERTY; AND FOR 16 COSTA, CALIFORNIA DEPARTMENT OF TRANS- ) INJUNCTIVE RELIEF PORTATION, BAY AREA RAPID TRANSIT ) 17 DISTRICT, CENTURY HOMES DEVELOPMENT ) CO. , THE HAROLD SMITH CO. , INC. , ) 18 DOES 1-50, ) 19 Defendants. ) 20 Plaintiffs allege: 21 GENERAL ALLEGATIONS 22 Plaintiffs 23 1 . Plaintiffs are homeowners in the City of Lafayette, 24 County of Contra Costa, State of California, who reside, or have 25 resided, at the following addresses: 26 (A) HARRY LOCKLIN: 956 Reliez Station Lane 27 Lafayette, CA 94549 28 1 (B) LYNN & SUSAN 955 Kelley Court WORTHINGTON: Lafayette , CA 94549 2 (C) AARON & CAROL 989 Kelley Court 3 JOHNSON; Lafayette , CA 94549 . 4 (D) MAO & DORIS 981 Kelley Court LIN: Lafayette, CA 94549 5 (E) EDWIN & EDITH 975 Kelley Court 6 DONNELL; Lafayette, CA 94549 7 (F) STANLEY L. SIZELER 3172 Bradena Lane 8 and CATHYANN L. Lafayette , CA 94549 SIZELER: 9 (G) GEORGE LATTER: 943 Kelley Court 10 Lafayette , CA 94549 11 2 . At all material times herein, said homeowners • 12 owned certain real property, situated adjacent to Reliez Creek in 13 the City of Lafayette. 14 Defendants 15 3. At all material times herein, the Defendant, CITY 16 OF LAFAYETTE, and DOES 1-5 , were public entities within Contra i 17 Costa County, State of California. 18 4 . At all material times herein, Defendant, CALIFORNIA I DEPARTMENT OF TRANSPORTATION, an agent of the Defendant, STATE OF 19 20 CALIFORNIA, COUNTY OF CONTRA COSTA, and DOES 6-10, were the 21 developers , designers , builders , owners, and maintainers of State 22 Highway No. 24 , and Old Tunnel Road running in a generally 23 easterly and westerly direction through Contra Costa County, and 24 Pleasant Hill Road, running in a generally northerly and 25 southerly direction, in Countra Costa County. 2G 5 . At all material times herein, the COUNTY OF CONTRA 27 COSTA was and is a public entity which, Plaintiffs are informed 28 and believe, and thereon allege, was the predecessor in interest -2- I, 1 to the CITY OF LAFAYETTE and DOES 1-5 with respect to the .2 planning, development, construction, ownership, and maintenance 3 of that part of the CITY OF LAFAYETTE ' S storm drainage system 4 known as Reliez Creek. 5 6 . At all material times herein, Defendant, BAY AREA 6 RAPID TRANSIT DISTRICT, a governmental entity, and DOES 11-15 , 7 owned, constructed, designed, developed, and maintained a rapid 8 transit right of way running in an easterly and westerly 9 direction through Contra Costa County, State of California. . 10 7 . At all material times herein, CENTURY HOMES 11 DEVELOPMENT CO. , THE HAROLD SMITH CO. , INC, and DOES 16-25 , were 12 the designers, developers , builders , and maintainers of certain 13 lots upon which Plaintiffs' homes are , and were , situated in the 14 City of Lafayette. 15 8 . Plaintiffs have no knowledge of the true names and i i 16 capacities of DOES 1-50 and so make their claims against them 17 using said fictitious names. In the event that said identities 18 are discovered, Plaintiffs will amend this Complaint to assert 19 their true names and identities , together with any appropriate 20 charging allegations. 21 9 . At all material times herein, Plaintiffs are 22 informed and believe and thereon allege that all Defendants , 23 including DOE Defendants, were and are agents and employees of 24 each and every other Defendant, including DOE Defendants, and 25 that each was acting in the course and scope of its employment 26 and agency with every other Defendant, with respect to each of 27 the allegations in this Complaint. 28 0 0 0 -3- ] 10 . Within three years last past, Plaintiffs, and each 2 of them, have experienced extensive landslide damage to their 3 land, particularly those portions of their land adjacent to 4 Defendants ' storm drainage system, which includes Reliez Creek. 5 Said extensive landslide damage has damaged their real property, 6 and has damaged, and threatens to further damage , the structural 7 integrity of their real property. 8 11 . At all material times herein, Defendants, and each 9 of them, have designed, developed, constructed and maintained a 10 storm drainage system in and about the City of Lafayette, which 11 system comprises pipelines , culverts , trenches, sewers , runouts, 12 and waterways, including those portions of Reliez Creek adjoining 13 Plaintiffs ' real property. 14 12. At all material times herein, Defendants, and each 15 of them, have failed to .maintain their storm drainage system so Jr) that waters coursing through said drainage system have 17 extensively eroded Plaintiffs ' real property, triggering 18 landslides which have damaged Plaintiffs ' real property and which 19 now threaten the stability of the remaining portions of 20 Plaintiffs' real property. 21 13. At all material times herein, Defendants, and each 22 of them, designed said drainage system so as to use Reliez Creek 23 as part of the overall storm drainage system for Defendants, and 24 those portions of Highway 24 , Pleasant Hill Road & Old Tunnel I 25 Road and the Rapid Transit right of way within the Lafayette 26 watershed. The damage hereinabove set forth to Plaintiffs ' real 27 property, by landslide, was proximately caused by the use of said 28 public improvement, namely, said storm drainage system. -4- • j l 14 . Said damages constituted actual physical injury to . 2 real property proximately caused by the improvement as 3 deliberately designed and constructed. 4 15 . At all material times herein, Plaintiffs have 5 suffered diminution in value in their real property in an amount 6 to be shown at trial. 7 16. At all material times herein, Defendants, CENTURY 8 HOMES DEVELOPMENT CO. , THE HAROLD SMITH CO. , INC. , and DOES 9 16-25, constructed, prepared, designed, filled, compacted, and 10 otherwise altered and formed Plaintiffs ' real property. 11 17. Plaintiffs are informed and believe, and thereon 12 allege, that at all material times herein, said Defendants, 13 CENTURY HOMES DEVELOPMENT CO. , THE HAROLD SMITH CO. , INC. , and 14 DOES 16-25 , failed to use reasonable care in the design, 15 construction filling. compaction,action alteration and formingof 16 Plaintiffs ' real property, proximately contributing to the I 17 landslides which now have damaged Plaintiffs' real property. i 18 18 . At all material times herein, Plaintiffs are 19 informed and believe and thereon allege that Defendants, CITY OF 20 LAFAYETTE, and DOES 1-5 , accepted said improvements by 21 Defendants, CENTURY HOMES DEVELOPMENT CO. , THE HAROLD SMITH CO. , 22 INC. , and DOES 16-25 , notwithstanding that said improvements were 23 improperly and negligently done , and, further, THE CITY OF 24 LAFAYETTE, and DOES 1-5, accepted Reliez Creek as an easement and 25 part of the City of Lafayette ' s storm drainage system. 26 19 . Plaintiffs have heretofore filed a claim against 27 the CITY OF LAFAYETTE and other Defendants for Inverse 28 Condemnation, for Negligence , for Nuisance, and for Trespass to -5- 1 Real Property. Defendant , CITY OF LAFAYETTE and the other 2 governmental Defendants hereinabove have rejected those claims 3 heretofore filed by Plaintiffs, all to Plaintiffs ' continuing 4 damage. 5 20 . At all material times herein, Plaintiffs , and each 6 of them, have petitioned and requested the appropriate public 7 authorities, including the Defendants named hereinabove , for 8 appropriate relief from the storm drainage system, which 9 �nnt;nues to cause erosion, and thereby landslides , on 10 Plaintiffs ' real property, thus causing them to be singled out to 11 carry the entire destructive burden of Defendants ' storm drainage 12 system. 18 FIRST CAUSE OF ACTION - INVERSE CONDEM19ATION AGAINST THE CITY OF LAFAYETTE; COUNTY OF CONTRA COSTA; THE BAY 14 AREA RAPID TRANSIT DISTRICT; THE STATE OF CALIFORNIA, DEPART14ENT OF TRANSPORTATION; AND DOES 1-15. 15 16 21 . Plaintiffs reallege Paragraphs 1-20 of the General 17 Allegations and incorporate them by reference as though here' 18 fully set forth. 19 22 . At all material times herein, Plaintiffs, and each 20 of them, had a fee interest in their real property, as 21 hereinabove set forth. 22 23. At all material times herein, the CITY OF 23 LAFAYETTE, and DOES 1-5, the COUNTY OF CONTRA COSTA, the 24 CALIFORNIA DEPARTMENT OF TRANSPORTATION, and DOES 6-10 , and the i 23 BAY AREA RAPID TRANSIT DISTRICT, and DOES 11-15 , planned, 26 designed, approved, constructed, owned, operated and maintained 27 for public use, a storm drainage system adjoining Plaintiffs ' 28 real property. -6- I. 1 ` 24 . Plaintiffs ' real property was taken or damaged, 2 thereby suffering diminution in value, by virtue of landslides . 3 proximately caused by erosion , which resulted from said 4 Defendants ' use of their storm drainage system. 5 25. Plaintiffs , and each of them, have suffered direct 6 and peculiar and substantial burden as a result of said 7 Defendants ' activities with respect to their storm drainage 8 system, and have , in effect, been singled out to suffer the 9 detrimental environmental effects of said Defendants ' said use of 10 ' its storm sewer and drainage system. 11 26. Defendants ' use of their storm drainage system is 12 a "public use" within the meaning of Section 14 of the California 13 Constitution because it is a use which concerns the whole 14 community or promotes the general interest in its relation to any � 15 legitimate object of government. 16 27. At all material times herein, Plaintiffs, and each 17 of them, have suffered damage to their real property, including 18 diminution in value, in an amount to be shown at trial. 19 28 . At all material times herein, Plaintiffs , and each 20 of them, have paid reasonable attorneys fees to various 21 attorneys , including those now prosecuting this action, . and 22 Plaintiffs are entitled to recovery of reasonable attorneys fees 23 arising out of this action, in an amount to be shown at trial. 24 WHEREFORE, Plaintiffs , and each of them, pray damages 25 against Defendants, and each of them, as hereinafter set forth. 26 O O. O 27 O O O 28 0 o O -7- I 1 SECOND CAUSE OF ACTION-NUISANCE 2 (AGAINST CITY OF LAFAYETTE, COUNTY OF CONTRA COSTA, BAY AREA RAPID TRANSIT DISTRICT, AND THE CALIFORNIA DEPARTMENT OF TRANSPORTATION, AND DOES 1-50) 3 4 29 . Plaintiffs incorporate by reference Paragraphs 5 1-20 of the General Allegations and incorporate them by reference 6 as though here fully set forth. 7 30 . At all material times herein, Defendants , CITY OF 8 LAFAYETTE, the COUNTY OF CONTRA COSTA; BAY AREA RAPID TRANSIT 9 DISTRICT, and THE STATE OF CALIFORNIA, and DOES 1-15 , maintained, 10 and continue to maintain, roadway and right- of way improvements 11 which had been constructed in such a way that large amounts of 12 water flowed unchecked down into Reliez Creek, which said 13 defendants were, and are, using as and for a storm drainage 14 system. la 31 . Such maintenance , construction and use constitutes 16 a nuisance within the meaning of Civil Code Section 3479. 17 32. At all material times herein, said defendants' use 18 of said roadways and rights of way as conduits to Reliez Creek, 19 which defendants were then, and are now, using as a storm 20 drainage system, constitutes a circumstance injurious to the 21 health of plaintiffs , and each of them in that plaintiffs are 22 informed and believe, and thereon allege that said use of 23 defendants ' property has caused massive erosion and water course 24 damage to plaintiffs' land and has threatened, and continues to 23 threaten, plaintiffs ' homes , appurtenant structures, fences, i 26 landscaping, and outbuildings , and continues inexorably to scour, 27 injure, and waste plaintiffs ' real property. 28 0 0 0 -8- i 1 33 . Said use of said roadways and rights of way by 2 defendants is a nuisance , in that it obstructs plaintiffs ' free 3 use of their property, so as to interfere with plaintiffs ' 4 comfortable enjoyment of their life and property. 5 34 . At all material times herein, plaintiffs , and each 6 of them, have sustained substantial loss by virtue of the said i 7 nuisance maintained by defendants. 8 35. Such construction, design, and maintenance of said 9 nuisance is ongoing and threatens to cause further landslides , I 10 and to further destabilize plaintiffs ' real property. 11 36 . Plaintiffs herein request that a permanent 12 injunction issue against Defendants and each of them at trial, 13 prohibiting them from continuing the nuisance', as aforesaid, 14 together with an award of damages for Plaintiffs ' injury, 15 heretofore , as aforesaid. ,j 16 WHEREFORE, Plaintiffs seek damages against said 17 Defendants, and each of them, as hereinafter fully set forth.* 18 THIRD CAUSE OF ACTION - DANGEROUS CONDITION OF PUBLIC PROPERTY (AGAINST CITY OF LAFAYETTE, COUNTY OF CONTRA COSTA, CALIFORNIA i 19 DEPARTMENT OF TRANSPORTATION, BART AND DOES 1-15, hereinafter sometimes referred to as "the governmental 20 defendants" ) 21 37. Plaintiffs reallege Paragraphs 1-20 of the General 22 Allegations herein as though here fully set forth. 23 . 38. At all material times herein, Defendants , and each 24 of them, were negligent in their construction, design, ownership, 25 maintenance, and other use of their storm drainage system as 26 aforesaid, which system includes portions adjacent to Plaintiffs' 27 real property. 28 O O O -9- j I\J 1 39 . At all material times herein , the governmental .2 defendants created, designed, planned, constructed, maintained, 3 and owned land and improvements in Contra Costa County, including 4 certain roadways and rights of way. At all material times 5 herein, the service water runoff from said land and improvements 6 was channeled into defendants ' storm drainage system, including 7 Reliez Creek, which defendants were then, and are now, using as 8 part of their storm drainage system. 9 40. At all material times herein, said storm drainage 10 system abutted land owned by plaintiffs herein. 11 41. At all material times herein , defendants and each I i 12 of them had a duty to exercise reasonable care to avoid injury to I 13 adjacent property through the flow of surface waters . 14 42. At all material times herein, defendants , and each i 15 of them, breached said duty of care by permitting such surface 16 waters to be channeled into an inadequate storm drainage system, 17 namely Reliez Creek, where said waters caused past and present i 18 damage to plaintiffs ' abutting real property. 19 43. At all material times herein, plaintiffs, and each i 20 of them, exercised reasonable care in the management of their own 21 property so as to reduce injury from said surface and creek 22 waters. 23 44 . At all material times herein, plaintiffs are I 24 informed and believe, and thereon allege, that no reasonable 25 public employee could have adopted the plan or design for the 26 construction, ownership, maintenance, or other use of the storm 27 drainage system without adequate protection for plaintiffs' 28 adjacent real property. -10- l 1 45 . At all material times herein , the governmental 2 authorities herein had ample to take remedial action to correct 3 said defects and deficiencies as set forth above, so as to avoid 4 damage to plaintiffs ' adjacent real property. 5 46 . At all material times herein, defendants knew, or 6 in the exercise of reasonable care should have known, that 7 permitting unchecked runoff into Reliez Creek, and the use of j 8 Reliez Creek as a storm drainage system, created a dangerous 9 condition of public property, causing erosion, undercutting, 10 landsliding, and otherwise damaging plaintiffs' abutting real 11 property. 12 47 . At all material times herein, said governmental 13 defendants had ample time to reasonably attempt to remedy the 14 faulty condition of their storm drainage system, which, 15 plaintiffs are informed and believe and thereon allege, did not 16 conform to any approved plan; design, or standard. 17 48 . At all material times herein, Defendants, and each 18 of them, breached their duty to Plaintiffs by so negligently 19 constructing, designing, maintaining, owning, and using, said 20 storm drainage system, that said storm drainage system 21 proximately caused severe erosion to Plaintiffs' real property, 22 which triggered landslides and other damage on Plaintiffs ' real 23 property, as aforesaid. I 24 49. Plaintiffs , and each of them, have been damaged by 25 landslides , destabilization of land, and damage to structures , as 26 hereinabove set forth. 27 50. Plaintiffs, and each of them, have sustained 28 O O O -11- . 1 damage , including diminution in value , in an amount to be shown 2 at trial. 3 WHEREFORE, Plaintiffs , and each of them, pray damages 4 against Defendants , and each of them, as hereinafter set forth. 5 FOURTH CAUSE OF ACTION - NEGLIGENCE 6 (AGAINST DEFENDANT CENTURY HOMES DEVELOPMENT CO. , THE HAROLD SMITH CO. , INC, AND DOES 16-25) 7 49 . Plaintiffs, and each of them, reallege the 8 Paragraphs 1-20 of the General Allegations herein and incorporate 9 them by reference as though here fully set forth. 1© 50. At all material times herein, Defendant, CENTURY , 11 HOMES, INC. , the Harold Smith Co. , Inc. , and DOES 16-25 , were " 12 land developers and subdividers who constructed, designed, 13 ..planned, built , maintained, compacted, filled, altered, and 14 formed Plaintiffs' real property. I 15 i 51 . At all material times herein, Defendants , and each 16 of them, were charged with the constructing, designing, planning, 17 building, maintaining, compacting, filling, and otherwise 18 preparing certain portions of Defendants ' storm drainage system 19 situated in Reliez Creek in such a way that storm waters would 20 not erode and destabilize Plaintiffs ' real property. 21 52. At all material times herein, Defendants, and each I 22 of them, so negligently constructed, designed, planned, built, 23 maintained, compacted, filled, altered, and otherwise prepared 24 Plaintiffs ' real property that Plaintiffs ' real property was 25 unable to withstand erosion from the storm drainage system as 26 aforesaid, causing landslides and destabilization of the 27 Plaintiffs' real property. 28 O O O -12- 1 53 . At all material times herein , said damage to . . 2 Plaintiffs ' real property was foreseeable to Defendants , 3 including CENTURY HOMES DEVELOPMENT CO. , THE HAROLD SMITH CO. , 4 INC. and DOES 16-25, in that they knew, or in the exercise of 5 reasonable care should have known, that the failure to properly 6 construct, design, build, plan, maintain, compact, fill, alter, 7 and otherwise prepare the portion of the storm drainage system in 8 Reliez Creek adjacent to Plaintiffs ' real property that erosion 9 and destabilization would occur to Plaintiffs ' real property. 10 54 . At all material times herein, said landslides and 11 land destabilization did occur, proximately caused by the 12 negligence of Defendants , and each of them, as hereinabove set 13 forth, and Plaintiffs, and each of them, were thereby damaged. . 14 55. Plaintiffs have suffered diminution in value and 15 other damage to their realproperty in an amount to be shown at 16 trial. 17 FIFTH CAUSE OF ACTION- TRESPASS TO REAL PROPERTY Is (AGAINST ALL DEFENDANTS) 19 56 . Plaintiffs, and each of them, reallege Paragraphs 20 1-20 of the General Allegations herein and incorporate them by 21 reference as though here fully set forth. 22 57 . At all material times herein, Defendants, and each 23 of them, interfered with Plaintiffs ' possession of their real 24 property by intentionally and recklessly permitting and causing 25 the storm drainage system to deteriorate, as aforesaid, causing 26 erosion resulting in landslides and land destabilization of 27 Plaintiffs ' real property, as aforesaid. 2s 0 0 0 -13- 1 58 . By virtue of Defendants ' intentional conduct, . 2 Plaintiffs , and each of them, are entitled to an award of 3 exemplary damages against each and every Defendant 'against whom 4 an award of exemplary damages may lie, for such intentional and 5 reckless conduct. 6 WHEREFORE, Plaintiffs, and each of them, seek judgment 7 of Defendants, and each of them, as follows: 8 FOR THE FIRST CAUSE OF ACTION 9 1 . For compensatory damages according to proof at 10 trial; 11 2 . For reasonable attorneys fees in an amount to be 12 shown at trial; 13 3 . For costs; and 14 4 . For such other and further relief as the Court may 15 find appropriate. 16 FOR THE SECOND CAUSE OF ACTION 17 1 . For an Order permanently enjoining the continuation I 18 of Defendants ' use of the storm drainage system in such a way as i9 to cause landslides, land destabilization, and other damages on 20 Plaintiffs ' real property; 21 2. For compensatory damages according to proof at 22 trial; 23 3. For costs; and 24 4. For such other and further relief as the Court may 25 find appropriate. 26 FOR THE THIRD CAUSE OF ACTION 27 1 . For compensatory damages according to proof at 28 trial; -14- 1 2 . For costs; and 2 3. For such other and further relief as the Court may 3 find appropriate. 4 FOR THE'FOURTH CAUSE OF ACTION 5 1 . For compensatory damages according to proof at 6 trial; 7 2. For costs; and 8 3 . For such other and further relief as the Court may 9 find appropriate. 10 FOR THE FIFTH CAUSE OF ACTION 11 1. . For compensatory damages according to proof at 12 trial; 13 2 . For exemplary damages according to proof at trial, 14 only as to those Defendants against whom an award of exemplary 15 damages will lie; 16 3 . For costs; and 17 4 . For such other and further relief as the . Court- may i 18 find appropriate. 19 Dated: February 1984. 20 PILLSBURY & WILSON 21 (� 22 y- �\ �Ph�p'L. Pillsbury, Jr. 23 Attorneys for Plaintiffs 24 25 26 27 28 -15- ' CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT September 10, 1985 governed by the Board of Supervisors, ) The copy of tFis 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: Frank A. Andrews Attorney: County Counsel Address: 2659 Kavanagh Road AUG 0 y 1985 Amount: San Pablo, CA 94806 By delivery to clerk on Martinez. CA 94553 $75. 00 Date Received: August 12 , 1985 By mail, postmarked on August 10 , 1985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. 4 nn 0 Dated: August 12 , 198BHIL BATCHELOR, Clerk, By Deputy Cervelli II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (>c) 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) Count Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present C < This claim is rejected in full. ( ) Other: i I certify that this is a true and correct cop f the ard's Order entered in its utes for this date. I DatedP 10 19$5 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 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 resent a late claim was mailed claimant. DATED:2EP 10 JqBJ PHIL BATCHELOR, Clerk, By `� , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to 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 Supervisors , at its office in Room 106 , County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail 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 for Clerk' s filing stamps ) ECI TOTED Against the COUNTY OF CONTRA COSTA) or DISTRICT) FHa^oATCHClOi7 Fill in name) ) CLEAK CJaaD 6�N-Tg':1G.�SUPEyI SC JOS-TQ duty' The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: ------------------------------------------------------------------------ l. When did the damage or injury occur? (Give exact date and hour) -----�. ----•r--------------------------------- .� ------ ---------------- 2. Where did the damage or injury occur? (Include city and county)---- Pa 3. How did the daxtage or injury occur? (Ge- full details use extra sheets if required) &) ^, ,`/� Tom, G/N�r C,�C—K /,41 ��� A2' /lac/L7 uJf'� S�1f1 r�(,{//Tr;1� 01/6p_ Odle- e�C.0 j/�v _ S/7 O� t,� S .r.r:�� Poo.L_ - - - - -- -- --------------------- -- -- _ ----- - _ .-- ----------- 4. What particular act or omission on the part of county or district officers , servants or employees paused the injury cr da.aago* 1,A10��/� �� ��ec4��� S. what are the names .of county or district officers, servants or employees causing the damage q injury? &PeRvlsap— u olJ a iso 3,�C* �� o eov,r/y /,*I c7`F�', ark, AO S7�PPct if�ovLdhclve yGe C,cPa�p�� 17a QG7`�o/t jr/efS - 4,C�iP ------"----------- ---V------------ -------------- T--- -- -------•"--- 9 What damage or injuries do. you claim resulted? ZGive ull extent of injuries or damages claimed. Attach two estimates for auto damage) �4�i,i7�n�d�y lCSG -ji<7Cl� Wf+5 Qd"fl 78 CLp.J Peo.G- YA-W AW--Nrr.11?6 of Z>6-e&, 4t)/�S SCP.406Z' )• "M7�1Z- �Y3a/?. S/Vi?S e*0-00 f E�c�TP��i7y OF Poor d/5°O X>Tf/L --�rJS . DO ------------------------------ -- -------------------------------------- 7. How was the amount claimed-ab-ov-e computed? (Include the estimated amount of any prospect' injury or damage. ) 3 - /} ,e 071 9 _ '��0. o o C7 rfiy.S PDot ------------------------------------------ - ---��------------------------ 8. Names and addresses of witnesses, doctors and hospitals. �0�+�✓mss �iv'47.�'�JS a(osr �Rd�9.✓Ri�tf �'L� — Scii� ��Lv f�N,�/t C D Geo d� ads``1 S11 'o 4 a h 4X,V C�oJ.-'-/ e-r7715 oe ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE • ITEM AMOUNT i i Govt. Code Sec. 910.2 provides: L_ "' ' ` �' "The claim signed by the claimant SEND NOTICES TO: (Attorney) or som on his behalf. " Name and Address of Attorney ant s S i na Ad rd e G Telephone No. Telephone No.(�/ ) 7a�il-S/`cS SCJ 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. " /.IIS 1. Claim denied _. 2. Andrews Frank A (f I r BOARD OF SUPERVISORS OF CONTRA COSTA OOUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLADANT September 10, 1985 governed by the Board of Supervisors, ) The copy of this document led 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 Paul Tesch County Counsel Attorney: AUG 0 y 1985 Address: 1673 Pecan Lane �A 9A553 Oakley, CA 94561 Martinez. Amount: $241. 65 By delivery to clerk on Date Received: August 9 , 1985 By mail, postmarked on no Dostmark I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: August 12 , 19 IL BATCHELOR, Clerk, By ° Deputy An 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. j ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are i 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) Cour Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). I 1 j IV. BOARD ORDER By unanimous vote of Supervisors present (>< This claim. is rejected in full. 1 ( ) Other: i I certify that this is a true and correct copy of tW Board's Order entered in its m o f 6ct,._J s date. Dated a 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 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 1 e to pr ent a ate claim was mailed DATED:EFll PHIL BATCHELOR, Clerk, By 4AA a , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLNT.M TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions -.:o 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 t 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 , CA 94553 (or mail 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 for erc s i 1inc stamps /�7iCf/iI`! `'iIl1L TES'c'/� REECEIVED Against the COUNTY OF CONTRA COSTA) PN:L SATCHELOR C- or DISTRICT) "`BOARD cP SUPERVISORS U ONTRA OSTA CO/.. Y Fill in name The undersigned claimant hereby r,takes claim against the County of Contra Costa or the above-named District in the sum of $ �o� c//• Iv and in support of this claim represents as follows. ------------------------------------------- - -------- ---- 1. When did the damage or injury occur? (Give exact date and hour) Aoe_7,erC WOO Al --..--------.r-----------------..------------------------------------------ 2. Where did the damage orrin occur? (Include city and county) 167J et7i1 iEy IllowrWW- God T,t> ------------------------------------------ ---- - -----T--------------- 3. How did the damage or injury occur? (Give dull details, use extra sheets if required) . ` .11 UsiNd rdF'c/_ vi✓ G.a,�AGE ?i�o/L >c+ o,� T,�iN �5I✓7151 ------------------------------------------------------------------------ 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 names of county or district officers , servants or employees causing the damage or injury? e Pe 7- !'ELES 7�E ------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Li ffe/(E 46,e Doa 62 d pEi✓f2 ------- �E/1UEv � .�f�N �,v��/1F,� > av%rte �✓a-a.v� ifv�E -------------- ---------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) TyE 0 U O %.✓57.�/,v 7i O A/ -----N-- - - ---------------------------------------------------------- 8. am-es--a-nd--addresses of witnesses , doctors and hospitals. ­i,>/T- 9ES (f/tf��ft' S UfPT> " - - - --- -- ------- -==---==--------- --- -- - -- -- - -- -- -- ----------- 9. List the .expenditui;es you made on account of this accident or injury: ITEM AMOUNT T 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 /f7)i�i/YjGJ� Claim ,Ant s $i nat re 73 7eope �✓ //JNA Address Telephone No. Telephone No. dl Ze' ************************************************************************** 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. " BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION September 1'; ' 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 Lhe 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: John Rayburn, Walter E. Rayburn, William J. Ravburn, Michael E. Rayburn, Linda Cowan Attorney: GEORGE J . SHELBY County Counsel Address: Walkup-, Shelby, Bastian, et al AUG 0 y 1985 650 California Street Amount: San Francisco, CA 94108Bydelivery to clerk on Mariner CA 94553 $500, 000. 00 Cert. P544 977 474 Date Received: August 9 , 1985 By mail, postmarked on a„ g„ r R , 1 9 R 5 I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. Dated: August 12 , 19SEHIL BATCHELOR, Clerk, By ° Deputy n cc 11i 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 claimants right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: - I 3—irBy: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County gunsel, (2) County Administrator (. ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present ( This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Boar Is Order entered in its > tes for this date, n Dated: OrtP 10 1&,g PHIL BATCHELOR, Clerk, By D, , 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 1e to present .a late claim was mailed to claimant. DATED: SEP 101985 PHIL BATCHELOR, Clerk, By `� , Deputy Clerk -cc: County Administrator (2) County Counsel (1) ' LAW OFFICES OF -3RUCE WALKUP WALKUP, SHELBY, BASTIAN, MELODIA, TELEPHONE GEORGE J.SHELBYKELLY & O'R EILLY 14151 981-7210 RALPH W.BASTIAN,JR. ' PAUL V.MELODIA A PROFESSIONAL CORPORATION DANIEL J.KELLY TERENCE J.O'REILLY THE HARTFORD BUILDING-30TH FLOOR JOHN ECHEVERRIA 650 CALIFORNIA STREET JOHN D.LINK ' RICHARD S.GOETHALS,JR. SAN FRANCISCO,CALIFORNIA 94108 RONALD H.WECHT JUDITH J.RENTSCHLER MICHAEL A.KELLY KEVIN L.DOMECUS JEFFREY P.HOLL MICHAEL P.CLARK August 8 . 1985 Board of Supervisors Contra Costa County 651 Pine Street #106 Martinez, Ca. 94553 Re: Claim of Rayburn Family Gentlemen: Enclosed herewith are original and copy of a Claim for Damages presented by the Rayburn family. This claim is presented for filing against the County of Contra Costa pursuant to California Government Code §910 . Kindly acknowledge receipt of the claim by signing and returning the extra copy of this letter which is enclosed. A return envelope is also enclosed for your convenience. Very truly yours , GEORGE J. SHLLBY GEORGE J. SHELBY GJS:mc Encl. Receipt of the within claim is acknowledged this day of 1985 . . LAW OFFICES OF BRUCEAALKUP WALKUP, SHELBY, BASTIAN, MELODIA, TELEPHONE GEORGE J .SHELBY KELLY 6i O'REILLY Ialsl ee1-7210 RALPH W.BASTIAN,JR. PAUL V.MELODIA A PROFESSIONAL CORPORATION DANIEL J.KELLY THE HARTFORD BUILDING-301- FLOOR TERENCE J.O'REILLY JOHN ECHEVERRIA 650 CALIFORNIA STREET JOHN D.LINK RICHARD B.GOETHALS,JR. SAN FRANCISCO,CALIFORNIA 94108 RONALD H.W ECHT JUDITH J.RENTSCHLER MICHAEL A.KELLY KEVIN L.DOMECUS JEFFREY P.HOLL p MICHAEL P.CLARK August 8 , 1985 Board of Supervisors Contra Costa County 651 Pine Street #106 Martinez, Ca. 94553 Re: Claim of Rayburn Family Gentlemen: Enclosed herewith are original and copy of a Claim for Damages presented by the Rayburn family. This claim is presented for filing against the County, of Contra Costa pursuant to California Government Code §910 . Kindly acknowledge receipt of the claim by signing and returning the extra copy of this letter which is enclosed. A return envelope is also enclosed for your convenience. Very truly yours, GEORGE 7 SHELBY GJS:mc Encl. Receipt of the within claim is acknowledged this day of 1985 . ,TO THE BOARD OF SUPS?VISORS, COUNTY OF CONTRA COSTA (California Government Code §910 ) CLAIMANTS ' NAMES: John Rayburn Walter E. Rayburn William J. Rayburn EEC E1VED Michael E. Rayburn � Linda Cowan G AMOUNT OF CLAIM: $500, 000 / 'Na EATCMELC:I CLAIMANTS ' ADDRESS: Mr. John Rayburn cLEa �CTRA `osTaco'so�s 127 Daisy Court c+ A-u,c.r�o��,,, Hercules, California 94549 ADDRESS TO WHICH NOTICES ARE TO BE SENT: WALKUP, SHELBY, BASTIAN, et al. 650 California Street San Francisco, Ca. 94108 ( 415 ) 981-7210 DATE OF DEATH: May 12 , 1985 DESCRIPTION OF CLAIM: On Tuesday May 7 , 1985, Mr. John Rayburn and his wife, Martha Rayburn, parked their automobile in the driveway at 3977 La Cima Road in E1 Sobrante, California behind another vehicle. Mrs. Rayburn walked around the rear of her vehicle, tripped on debris, gravel, boards, asphalt and pipes, fell and injured her ankle. On May 12 , 1985, Mrs. Rayburn went to Doctors Hospital in Pinole for an x-ray. At that time she suffered a pulmonary embolus from the ankle injury and died. In the years prior to May 1985 , there were landslides from East Bay Regional Park District property that disrupted the East Bay Municipal Utility District water lines and PG&E gas lines, and the West Contra Costa County Sanitary District sewer lines, and La Cima Road, owned and maintained by the County of Contra Costa, in E1 Sobrante, at the scene of Mrs. Rayburn' s accident. The water, gas and sewer conduits were evidently then put above ground and makeshift efforts to cover them with gravel and asphalt were made. It was on this area that Mrs . Rayburn tripped and fell. The creation and allowance of the slides and the creation and maintenance of the dangerous condition where Mrs . Rayburn fell were the responsibility of this public entity against whom this claim is being made. DAMAGES: John Rayburn has a claim for damages for the wrongful death of his wife, and Walter, William, and Michael Rayburn, and Linda Cowan have claims for damages as the result of the wrongful death of their mother. NAME OF PUBLIC EMPLOYEE(S) CAUSING INJURY OR DAMAGE: Unknown. ITEMIZATION OF CLAIM: General Damages $500 , 000 Special Damages Undetermined Total $500 ,000+ SIGNED ON BEHALF OF CLAIMANTS: WALKUP, SHELBY, BASTIAN, MELOD , KELLY & ' EILLY By GEORGE J. S ELBY i 1. Claim denied 2. Rayburn John 3. Same as 1 4. Rayburn Walter E 5. Same as 1 1 b . Rayburn William J E 7. Same as 1 i 8. Rayburn Michael E 9 . Same as 1 I 10. Cowan Linda I I i I C 1 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT Sen temb er 10, 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: Darlo J . Crowdis County Counsel Attorney: - AUG 0 y 1985 Address: 1970 Bancroft Avenue - San Leandro , CA 94577 Martinez, CA 94553 Amount: $750, 000. 00 By delivery to clerk on Date Received: August 12, 1985 By mail, postmarked on August 9 . 1985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: p t 12,_J985_.JiIL BATCHELOR, Clerk, By `' Deputy Ann Cerve I Ti II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) W) 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 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 the ard's Order entered in its mi§frs for this date. 0 d J Dated: 00 �._ 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 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 to pr sent a late claim was mailed to. cl DATED:-- PHIL BATCHELOR, Clerk, By a , Deputy Clerk cc: County Administrator (2) County Counsel (1) DARLO J. CROWDIS 1970 Bancroft Avenue San Leandro, CA 94577 August 9, 1985 STATE BOARD OF CONTROL STATE OF CALIFORNIA 926 J Street Sacramento, California 95814 BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA 651 Pine E CEIZIED Martinez, California 94553 CITY COUNCIL CITY OF LAFAYETTE 251 Lafayette Circle C' COAIN R ACF SUPE . r K SOAR OF SUPERVISORS Lafayette, California 94549 a; Deputy CITY COUNCIL CITY OF WALNUT CREEK 1666 N. Main Walnut Creek, California Re: Claim of DARLO J. CROWDIS Gentlemen: Enclosed please find my Claim for Damages for Personal Injuries, pertaining to my vehicular accident of May 5, 1985. Very truly yours, Darlo J. &wdis Certified Mail Return Receipt Requested 1 CLAIM FOR DAMAGES FOR PERSONAL INJURES 2 TO: STATE BOARD OF CONTROL 3 STATE OF CALIFORNIA 926 J Street 4 Sacramento, California 95814 5 BOARD OF SUPERVISORS RECEE —.-- COUNTY OF CONTRA COSTA 6 651 Pine Martinez, California 94553 7 rHa nAunetoR CITY COUNCIL C ERK BOARD OF SUPERVISORS 8 CITY OF LAFAYETTE gON Rq COSTA CQ. Ch1. De a.A..<. ...... puty 251 Lafayette Circle 9 Lafayette, California 94549 10 CITY COUNCIL CITY OF WALNUT CREEK 11 1666 N. Main Walnut Creek, California 12 PLEASE TAKE NOTICE that the undersigned hereby serves and makes 13 demand upon you for the cause and amounts set forth in the following claim: 14 Claimant's name and address: 15 DARLO J. CROWDIS 16 1970 Bancroft Avenue San Leandro, California 94577 - 17 Claimant's mailing address to which notices are to be sent: 18 DARLO CROWDIS 19 1970 Bancroft Avenue 20 San Leandro, California 94577 - Amount of Claim: 21 22 Special damages and expenses proximately caused by the occurrence described below and general damages in the sum of SEVEN HUNDRED FIFTY 23 24 THOUSAND DOLLARS AND No/100's ($750,000.00). Date and Place of Occurrence giving rise to the claim asserted: 25 On or about the 5th day of May, 1985 on Reliez Station Road, north of 26 1 Richelle Court in the City of Lafayette, County of Contra Costa, State of California. 2 Description of Occurrence: 3 That on or about the aforementioned date and for some time prior thereto, 4 the above-named public entities, by and through their agents, servants and employees, 5 negligently and carelessly controlled, supervised, designed, constructed, altered, repaired, 6 owned, maintained, operated and entrusted the aforementioned roadway and right of 7 way so as to proximately cause and permit said roadway and right of way to be in a 8 dangerous, defective and unsafe condition in that they failed to post adequate and 9 sufficient signing to warn oncoming motorists of sharp and dangerous curves in said 10 roadway and right of way and further in that they allowed it to be obstructive and 11 confusing to persons and vehicles using said roadway and right of way; that in all 12 respects the unsafe conditions as stated above constituted a trap for vehicles using 13 said roadway and right of way; thereby creating a reasonable foreseeable and substantial 14 risk of injury to persons using said roadway and right of way; that said public entities, 15 and each of them, were further negligent and careless in that they knew, or in the 16 exercise of ordinary care should have known, of the dangerous condition of said roadway 17 and right of way and the risk of injury created by same, and failed to remedy said 18 condition, having a reasonable opportunity to do so; that as a direct and proximate 19 result of the negligence and carelessness of said public entities, and each of them, 20 and as a further direct and proximate result of the dangerous and defective condition 21 of public property, as aforesaid, the vehicle in which claimant was driving was caused 22 to leave the traveled portion of the roadway, overturn and strike a tree, thereby 23 causing her to sustain severe personal injuries. 24 DATED: August 1985. 25 26 By: DARLO CROWDIS -2- CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT September 10,-' 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: Charles T. Clark Attorney: Address: 177 Bruno Avenue r'U 0 8 1985 Amount: Pittsburg, CA 94565 By delivery to clerk on Martinez, CA 94553 $3, 500. 00 or more 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: Aug„„ 7 r Lq A s PHIL BATCHELOR, Clerk, By _D Deputy U40 Ann Me-rAveiii II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) VThis 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) gunty Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present This claim is rejected in full. ( ) Other I certify that this is a true and correct copy of the Boards Order entered in its mi Utes for this date. �} Dated: np 10 Mi. PHIL BATCHELOR, Clerk, By ( y,,,,.v� L,,,.� _?. , 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 leave to pat a 1 to claim was mailed to claimant. DATED: STEP 10 1985 PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions -.o 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 Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail 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 ) nese a or Clerk' s fi ing stamps ECEIVED Against the COUNTY OF CONTRA COSTA) Llt: sA.cH.Pon ( GFSUPERYISCR3or DISTRICT) ncosT�co �uty(Fill in name) � The undersigned claimant hereby makes claim against he County of Corrt Costa or the above-named District in the sum of $ t yawl;% /Z;� and,in support of this ..claim represents as follows x; � ----'-- -------------- ---------- -= ----- ------------ 1. • hen----did---t--he---.,dama----ge-=-or injury occur.- (Give exact date And hour) ---_- --- ----------------------------------------------------------- 2. Where did thhe�rdamage or jinjury occur? (Include city and county)yf !!!! J ------------------------------------------------------------------------ 3. How did the damage or injury occur? (Give full details, use extra sheets if equired) _Ile CA--e-e e --------------------------------------=--------------------------------- 4. What particular act or omission on the part of county or district officers , servants or a ployees caused the injury or damage? (over) 5. What are the names of county or district officers, servants or emp ogees causing he damage or injury? ---------=---------------------------=----------------------------------- 6 . What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage , ------------------ ---------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury r damage. ) ��� 8. -----N-ames------and ---r-esses-------of-----witnesses------,--doctors----------and--hosP-- --itals----.------------- ---a 9. List the -expenditures you made on account of this accident or injury. 'DAA'$ ' °;:• ITEM AMOUNT r Govt. Code Sec. 910. 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some erso o his behalf. " Name and Address of Attorney r/ Claim"i' s Signature��/ •Ad - r ss 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. " DIABLO LINCOLN MERCURY-SAAB 2800 Willow Pass Road Phone 682-3150 - 4 P.O. Box 6590 CONCORD, CALIFORNIA 94524-1590 SAAB (Deductibles to be paid at time of Delivery) BAR REG. #AMS0911 R.O. NO. NAME DATE" 5 ADDRESS ti l/� HOME Pl BUS. - - PHONE �3J PHONE CITY %`� -/�:"r; % ZIP %;'`r'r INSURED'BY PHONE YEAR ` MAKE MODELSTYLE LICENSE BODY PROD.DATE COLOR TRIM MLDG. NO. MILEAGE. SERIAL NO. REPAIR REPL PARTS NECESSARY AND ESTIMATE OF LABOR REQUIRED LABOR PARTS REFINISH PAINT,MAT. STRTN HOURS @ LIST HOURS 8 NET ITEMS 1 3 0 3 lr b s 1-012 Izem C700 7 5 r y LA 12, 110 v, 11 �r 1 13 14 15 r /' ' 16 17 : 1B 7y 19 C/ J20 THIS ESTIMATE IS BASED ON OUR INSPECTION AND DOES NOT COVER. / O ADDITIONAL PARTS OR LABOR WHICH MAY BE REQUIRED-AFTER THE TOTAL WORK HAS BEEN STARTED. WORN OR DAMAGED PARTS WHICH ARE LABOR HRS.—' ATS GO NOT EVIDENT ON FIRST INSPECTION MAY BE DISCOVERED NATURALLY TOTAL y6f THIS ESTIMATE CANNOT COVER SUCH CONTINGENCIES PARTS PRICES PARTS 7ESS % 21v Ea SUBJECT TO CHANGE WITHOUT NOTICE. THIS ESTIMATE. IS FOR PAINT MATERIALS IMMEDIATE ACCEPTANCE. ESTIMATE GOOD FOR 90 DAYS TAX f SUBTOTAL SUBLET. THANK` INSPECTED w ) YOU GRAND TOTAL BY P. DATE 73-423 1 O NORICK OKLAHOMA CITY -- SUN VALLEY FORD - 0 • e • 2285 Diamond Blvd. Phone 686-5000 CONCORD, CALIFORNIA 94520-5774 NAME - .. ADDRESS DATE '(� MAKE OF CAk YEAR tYPE LICENSE NO. MILEAGE MOTOR NO. R I A L O. S INSU BY ADJUSTER INSPECTOR PHONE , HOME BUSINESS Symbol FRONT Labor Hrs. Parts Symbol LEFT Labor Nn. Pens Symbol -- RIGHT Labor. Hm. Parts _Bumper 4 d Fender 'Bumper Rail , Fender rnarneolin Fender Ornament Bumper Brkt. Fender Shield Fender Shield ry Fender Mldg. Fender Mldg..- .,% lliuMP6 6d. Pnw�Headlamp Headlamp Frt. System �,� Headlamp Door Headlamp Door Frame Sealed Beam Sealed Beam ..r Cross Member �_ Cowl Cowl Door, Front Door, Front Wheel • Door Lock Door Lock Hub Cap Door Hinge Door HinQe Hub&Drum -Door Glass Door Glass Knuckle Vent Glass Vent Glass Knuckle Sup. Door Midgs. Door Mldg. Lr. Cont.Arm-Shaft Door Handle Door Handle License Frame — Britt. Center Post Center Post Up. Cont.Arm-Shaft Door, Rear Door,Rear Shock Door Glass Door Glass Windshield Door Mldg. Door Mldg. Rocker Panel Rocker Panel Tie Rod Rocker Mldg. Rocker Mldg. Steering Gear Sill Plate Sill Plate Steering Wheel Floor Floor ' Horn Ring Frame Frame Gravel Shield Dog Leg Dog Leg Park. Light ..` Quar. Panel - Quar. Panel _ Grille Quar. Mldg. Quar. Mldg. Quar. Glass Over. Glass Valiance MISc. Mirror REAR Inst. Panel Horn Bumper Front Seat Baffle, Side Bum Front Seat Adi. Baffle, Lower Bunfer Britt. Trim Baffle, Upper Bu er Gd. Headlini g Lock Plate, Lr. GraJf I Shield Lock Plate, Up. Lowe Panel Tire Hood Top Floor e Tube Hood Hinge Trunk L Battery Hood Mldg. Trunk Loc Paint Mood Letters .Undercoat Ornament Tail Light Polish Rad. Sup. Tail Pipe Misc. Materials Rad.Core t , - Gea Tank - AUTHORIZATION FOR REPAIRS Radio Antenna Frame Y are hereby authorized to make the above specified Rad. Hoses Wheel its. SiSg d ... Fn Blad Hub & Drum Leb Hrs. s j Faan Belt Back Up Lite Parts j Water Pump Wheel Shield Pain & Material j Motor License Frame—Brkt. i j r Fan Seroud ♦ Sublet j gn N—New OH—Overhaul S—Straighten br tepair EX—Exchange RC—Rechrome U—Used Advance Charges—$ This estimate is based on lowest possible cost consistent with quality work,and as such, is guaranteed. TOTAL j Items not covered by this estimate or hidden will be additional. 43-25227 NORICK OKLAHOMA CITY • CLAIM BOARD OF SUPERVISORS OF CONTRA. COSTA OOR7NTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT September 10, 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: Ann Kelly Merrill Attorney: Cou!il:Y Counsel 'd` 0 e 1985 Address: 487 Camelback Road - Pleasant Hill , CA 94523 By delivery to clerk on Martinez, CA 94553 Amount: $182 . 26 .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 v Deputy 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 ORDER By unanimous vote of Supervisors present bd This claim is rejected in full. ( ) Other: I certify that this is a true and correct cop of the ard's 0 der entered in its mipy�t,�,g fA is date. Dated: § r 1 t/ PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months Prem 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 1e to resent late claim was mailed to clm;;nL- 7 DATED: 9E P t PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) avPERVISORS OF CONTRA COSTA COUNTY O instructions to Claimant �O'P /causes of action for death or for injury to anal property or growing crops must be presented fhe 100th day after the accrual of the cause of .. / relating to any other cause of action must be later than one year after the accrual of the cause �✓!C (Sec, ;911. 2, Govt,. Code) / ast be filed with the Clerk of the Board of Supervisors zoffice in Room 106, County Administration Building, 651 Pine rc, Martinez, CA 94553 (or pAil. to P. d. Box 911, Martinez, CA) claim is against a district governed by the Board of. Supervisors, ather than the County, the name of the District should be filled in. /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 )ReserM' s filing stamps } Ann Kelp Merrill } 7PD Against the COUNTY OF CONTRA COSTA) -; p or DISTRICT) RV1^oes Fi11 in name) ) o7° �... r1y The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 50 . 00 to Ann K. Merrill and in support of this claim represents as follows: $ 132 . 26 to CSAR insuranc 1. _When did the^ damage-or^injury-occur?"(Give`exa'ct-date-and hour) ____ 7 :35 AM on July 19 , 1985 2, 'Where did'the-damage^or',injury occur?^~ (Include city^and-co unty]�'�� City of Lafayette - Taylor Blvd. 3:'_How'aid'the`damage`orr`injury-occur?'"(Give n1l"d'etail's,~use`extra/ sheets if required) gravel had been put on the ground to seal road . While driving oti on way to work gravel kicked up by either passing vehicles or by 7'e _ own vehicle punctured windshield and cracked it. -------------- . -What"particular';;t or_omission-onrthhewpart-of-co'unty'or'distr` officers , servants or employees ^aused the injury or dalliagf> the loose gravel should not have been put on the road even by slowing the speed of the car by 20 miles per hour (? Sect a 55 mile zone) it did not help the situation �Qr istP �e sa ti 9i tUane --:�-a9C rjQ"�—pr:�f �v-�ef� ------- -if . ard or Icer . s gualty of alse a fe14 rxaud leer a Off 1 Q dtop by cis for allowance hy. ulent cl zIr d Ito t'allow' ow.n w 1t or account r Pa.,y voucher, RAMS GLASS CO. 2092 Market Street TIME PROMISED Concord, CA 94520. e {'� a415 930.0306 DATE: tACCT� NO. _ rINSURANCE (( L.,,�, CO.NAME JOB SITE. ` ( �UYV1�, 1 �C fwSG�ti 1 {1 ► I ` AGENTS t - - NAME i• . NAME: l��1 ri aN Q C r 1 1`, (� ADDRESS C? t 1O U f1 ADDRESS: AV Cr1% E' 1 L4 �` F(, • CITVZ IP :. ,.. -PHONE: PHONE NO. • _ INSURED'S NAME , f, Q POLICY . NUMBER - CLAIM ....... NUMBER you for allowing us to serve your glass needs!! NUMBER - 7 7 1 3 .. .. •tiDATE OF LOSS .i:: ....._ .-MAKE - MODEL I '• -CAUSE YEAR L DOORS LICENSE - DEDUCTIBLE, /� - -;�'�• (� NUMBER U O V TERMS._,;.:, ., : CUSTOMER P.O.NO. CUSTOMER R.O.NO. MILEAGE � ::- VIN NO. t,: :DATE SHIPPED DUAN. NAGS SIZE - DESCRIPTION LIST COST `or` � r 'I hereby Authorize the above repalr work to be done along with necessary material and I agree to pay for all changes which are not covered by Insurance. . r� s> BY.X .. J- .6K_.1.y [s �.,".. ..•..��✓r. .. u.,.F .,._-. --•'.. .... _. 4j,.i�:!., �5-._ • .. ..., t � :3 t Y.'\ . . -... �.:.. ORIGINAL-White- r °COMMERCIAL-Yellow INSURANCE Pink -CUSTOMER-Gold 3 w s.. 1•.x.4.. '� ya- F'Y".:�: t�+?�.�.i__.Yw.=:::",a b...-.e.�. z:.._,.,-'_'� .tw.w.. :. .... •ate, :• � "'._ -`.. __ .. - .. - - e. _ _.. Or 1. Claim denied 2 . Merrill Ann Kelly 1 ii ( i l , CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNIR, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT September 10, 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: William J. McLean and M. H. Blank County Counsel Attorney: Dean L. Flint , Esq. AUG 14 1985 Address: Law Offices of Alton M. Chambliss 100 Pine Street , Suite 950 Martinez, CA 94553 Amount: San Francisco , CA 94111 By delivery to clerk on Indemnity Date Received: August 13, 1985 By mail, postmarked on not readable I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. 0 Dated: August 13 , 1985PHIL BATCHELOR, Clerk, By LL ° Deputy 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: - ��,c c� 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). jIV. BOARD ORDER By unanimous vote of Supervisors present I ! (A 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 mi s�f� Tis date. bated: 'V' 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 TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to pr sent a late claim was mailed to m n DATED: � u PHIL BATCHELOR, Clerk, By `� , Deputy Clerk cc: County Administrator (2) County Counsel (1) MAIM i i E"eC VED NOTICE OF CLAIM AGAINSTMELOn SUPERVISOR$ STAyyO. COUNTY OF CONTRA COSTAY -• oePurr (Consisting of 18 pages, including Declaration of Mailing) WILLIAM J . McLEAN and M. H . BLANK , individuals, (he'reafter "Claimant") herewith presents a claim against the above-named and described public entity (hereafter "Public Entity" ) ; said claim is in an amount not yet determined, and is ,a claim for indemnity for any damages suffered by Claimant should Claimant be -found liable to plaintiff (s) in the pending action of: r CAMINO DIABLO GROUP vs. THE CITY OF WALNUT CREEK, et al. Case Number: 273373 , filed in Superior Court of California, County of Contra Costa. CLAIMANT' S ADDRESS: ADDRESS FOR NOTICES: Mr: William J. McLean Dean L . Flint, Esq. Mr : M. H. Blank LAW OFFICES OF 160 Hillcroft Way ALTON M. CHAMBLISS Walnut Creek , CA 94596 100 Pine St. , Suite 950 San Francisco, CA 94111 PLACE OF OCCURRENCE: At an unknown address north of and adjoining to 2770 Camino Diablo, Walnut Creek, Contra Costa County, California is the place of occurrence alleged in plaintiff 's complaint, attached hereto . DATE OF OCCURRENCE: January 20 , 1983 and continuing CIRCUMSTANCES OF OCCURRENCE: Plaintiff 's real property was damaged by a landslide alleged to have been caused by the combined negligence of certain defendants including claimant and public entity. If so, public entity 's negligence, as alleged in the attached complaint which is incorporated herein by' reference in the manner alleged therein, was a substantial factor in contributing to plaintiff 's loss . . i � 1 NAMES) OF PUBLIC EMPLOYEE(S) CAUSING INJURY, DAMAGE, OR LOSS: Unknown. Pursuant to Government Code Section 901 , this form is filed within 100 days of the date Claimant was served with the Complaint, giving rise to Claimant's claim for indemnity, said accrual date being on or about June 20 , 1985 . A Declaration of Mailing is attached. SIGNED ON BEHALF OF CLAIMANT: BY ffEAN L. FLINT One of Claimant's Attorneys i 'i i' 2 ACKNOWLEDGEMENT OF RECEIPT Receipt of the above claim is hereby acknowledged this day of , 198_. (Signature) (Title) i I i I i j Reference: CAMINO DIABLO GROUP vs. CITY OF WALNUT CREEK , et al. Contra Costa Superior Court Action #273373 j Claim Against County of Contra Costa MICHAEL P. WALSH FITZGERALD, ABBOTT & BEARDSLEY 2 1330 Broadway, 17th Floor Oakland, California 94612-2557 3 Telephone: (415) 451-3300 4 Attorneys for Plaintiff 5 6 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 9 FOR THE COUNTY OF CONTRA COSTA 10 ' CAMINO DIABLO GROUP, ) a California partnership, ) Plaintiff, ) ) 12 V. ) No. (i 13 THE CITY OF WALNUT CREEK, a municipal ) COMPLAINT corporation; THE COUNTY OF CONTRA 14 ) 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; PURCELL and ) MARSHALL, as individuals; JOHN and MARY ) 17 ANN BUSTER, as individuals; DOES 1 ) 18 through 5, unknown responsible ) parties; DOES 6 through 10 contractors; ) 'i t9 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"), complaints of defendants and each 25 of them and for its causes of action alleges as follows: 26 27 28 1' I FIRST CAUSE OF ACTION (Diversion of Surface 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, defendants Dyer-Bennet were the 7 owners of the property located at 154 Hillcroft Way, Walnut Creek, Contra Costa B County, California. 9 3. At all relevant times herein, defendants McLean-Blank were the � 10 owners of the property located at 160 Hillcroft Way, Walnut Creek, Contra Costa '' 11 County, California. 'i 12 ;.! 4. At all relevant times, defendant Ryan was the owner of the property 13 located at 2800 Camino Diablo, Walnut Creek, Contra Costa County, California. 14 j 5. At all relevant times herein, defendants Purcell and Marshall were 15 the owners of the property located at 166 Hillcroft Way, Walnut Creek, Contra Costa 16 i County, California. 'i 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. 2D j 7. At all relevant times herein, defendants Michael and Joanne Bertino 21 ,i ("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 I 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 "ContrE 28 2. 1 ,Costa" respectively) were and are municipal corporations duly organized, chartered and 2 existing under the laws of the State of California. 3 10. The true names and capacities, whether individual, corporate, j 4 associate or otherwise, of defendants Doe 1 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 i 13 of each of the remaining defendants, and in doing the things hereinafter alleged was at I 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, Ryan, Purcell and Marshall, Bertino, Buster and Does 1 through 30, 18 inclusive, at 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 have been ascertained, plaintiff will ask leave of this court to amend 26 this complaint to allege such interest. 27 28 3. L w.� 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 all time relevant hereto and before January 20, 1983, were responsible for 5 and, in fact, designed, inspected, constructed, managed, maintained and controlled each I 6 of their respective properties as described herein. 7 14. Prior to the grading and construction of the area, including the 8 properties, and prior to the grading and construction of the drainage devices and 9 structures, surface waters which fell upon or otherwise came to be upon the hills, slopes 10 and other areas over and adjacent to plaintiff's property did not flow toward, onto or 11 over the land which became plaintiff's property, nor did it flow toward, onto or over the 12 steep slope adjacent to plaintiff's property. .I 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, -Blank, Ryan, Purcell and Marshall, Bertino, Buster and Does 1 through 30, 15 McLean 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 plaintiff's property causing a substantial amount of water to flow onto, into and 24 over the steep slope of plaintiffs property. 25 17. The acts and omissions of defendants, and each of them, alleged 26 herein proximately caused the saturation and the liquefaction of plaintiff's property 27 28 4. 0 I which thereupon failed, causing substantial amounts of mud, earth and debris to slide 2 onto and over plaintiffs property, destroying and damaging said terrain, including 3 substantially damaging and destroying plaintiffs personalty in and about plaintiff's 4 property. i 5 WHEREFORE, plaintiff prays for judgment against defendants, and each of 6 them, as hereinafter set forth. SECOND CAUSE OF ACTION 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, plantiffs land and properties were injured in that a substantial portion of 14 plaintiffs property has moved and will continue to do so until defendants take 15 reasonable action to abate this nyisance. 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 plaintiffs 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 plantiffs 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 plantiffs 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 caused thereby and demanded that defendants 27 28 5' i I I 1repair 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 d refused and still refuse to comply with such demand. 5 22. Defendants', and each of their, failure to correct and maintain their I 6 properties in such a manner as to avoid the nuisance and trespass of earth and diverted 7 waters on plaintiffs property, a breach of legal obligation, and plaintiff is thereby 6 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 11 them, as hereinafter set forth. 12 THIRD CAUSE OF ACTION (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 drainage 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 plaintiff's property, which natural 23 channels and water courses did not flow toward, onto or over the property which 24 became plaintiff's 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. Bertin, 27 211 6' Buster and Does 1 through 30, inclusive, carelessly, improperly and negligently 1 designing, grading, constructing, inspecting, maintaining and repairing the development, 2 Iincluding 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 jfailed, causing substantial amounts of mud, earth and debris to slide on plaintiff's 6 property. Said movement has substantially damaged and destroyed plaintiffs personalty . 7 in and about its property. 8 � 9 I WHEREFORE, plaintiff prays for judgment against defendants, and each of 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 i 13 complains against defendants, and each of them, and alleges f 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 deliberately 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 I 1 i 28. Such improvements, design and construction alleged herein were a 2 substantial factor in causing the saturation and liquefaction of the steep slope on 3 plaintiffs property which thereupon failed, causing substantial amounts of mud, earth 4 j and debris to slide onto and over adjoining property, destroying and damaging 5 improvements thereon, including causing substantial damage to both plaintiffs real and personal property. 6 29. By reason of the matters alleged herein, plaintiffs real and personal 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 & 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 attorneys' fees, expert fees, engineering fees, and other litigation expenses in an 12 amount presently unknown; and when such amounts are ascertained, plaintiff will ask .13 14 leave to amend this complaint to allege the true amount thereof. 15 WHEREFORE, plaintiff prays for judgment against defendants, and each of 16 them, as hereinafter set forth. 17 FIFTH CAUSE OF ACTION (Negligent Design, Inspection, Grading, 18 Management and Control of Development and Property) 19 As and for a separate and distinct fifth cause of action, plaintiff complains 20 against defendants, and each of them, and alleges 21 31. Plaintiff realleges and incorporates by reference each and every 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, 1983, 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 S. I 1 33. Plaintiff is informed and believes and based upon such information 2 and belief alleges that the defendants named in this cause of action were responsible 3 for, and, in fact, designed, inspected, graded, managed, maintained and controlled such 4 development and property including the slope adjacent to plaintiffs property. i 5 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 14 that substantial water would now over, onto and into such slope in such a manner and at 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 plaintiffs 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, 19839 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 January 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. I WHEREFORE, plaintiff prays for judgment against defendants, and each of 1 2 them, as hereinafter set forth. 3 SIXTH CAUSE OF ACTION 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 Buster together with Does 1 through 30, and each of them, without plaintiff's 11 permission or consent, wrongfully caused or allowed large quantities of water, mud, 12 earth and debris and other material located in, on or about such defendants' property to 13 flow, slide and fall upon plaintiffs property. 14 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) 18 As and for a separate and distinct seventh cause of action, plaintiff 19 complains against defendants, and 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 10. 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. i 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 described 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, grading adjacent property, filling, compacting and creating building pads on defendants' 10 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, {mowing 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 things, the defendants named in this cause of action, and each of 18 them, failed to stabilize plaintiff's 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 damaged and injured when the slope on 26 plaintiffs property failed, moved and slid in a downhill direction. 27 28 11. 1 WHEREFORE, plaintiff prays for judgment against defendants, and each of 2 (them, as hereinafter set forth. 3 EIGHTH CAUSE OF ACTION (Negligence in Manu acturing 2770 Camino Diablo, Walnut Creek) 4 As and for a separate and distinct eighth cause of action, plaintiff 5 (complains against defendants, and each of them, and alleges 6 42. Plaintiff realleges and incorporates by reference each and every 7 !allegation contained in paragraphs 1 through 41, inclusive, herein. i 8 43. Plaintiff is informed and believes and based upon such information i 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 17 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 19 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 NINTH CAUSE OF ACTION Negligence 2 As and for a separate and distinct ninth cause of action, plaintiff complains i 3 against defendants, and each of them, and alleges 4 45. Plaintiff realleges and incorporates by reference each and every 5 allegation contained in paragraphs 1 through 44, inclusive, herein. 6 46. At all times relevant hereto, defendants Walnut Creek, Contra 7 Costa, Reed, Dyer-Bennet, McLean-Blank, Ryan, Purcell and Marshall, Bertino Buster 8 and Does 1 through 30, inclusive, owed a 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 an harm or damage to plaintiff. j Y g 47. At all times relevant hereto, defendants Walnut Creek, Contra 12 ,I 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 p properties as described herein so as to allow uncontrolled water drainage 15 from their properties 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 Hillcroft Way leading into the driveway of the McLean-Blank properties 21 described herein as 160 Hillcroft 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. 1 and personal property, and as a result of such damage, plaintiff has had to spend time, 2 labor, energy and money to remedy such damage. Plaintiff has sustained damages i 3 proximately caused by such negligence, according to proof at time of trial, but in an I 4 amount believed to be in excess of $750,000.00. � 5 50. At all times relevant hereto, plaintiff did take every reasonable i 6 jeffort 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 g i them, as follows: 10 i 1. A mandatory injunction compelling defendants to repair and 11 maintain their properties in such a manner as to protect plaintiff's 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 16 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 18 5. For such other and further relief as the court may deem just and 20 proper. 21 DATED: June , 1985. 22 FITZGERALD, ABBOTT & BEARDSLEY 23 By 24 Michael P. Walsh Attorneys for Plaintiff 25 26 27 28 i 14. i I ; (PROOF OF SERVICE BY MAIL - 1013a, 2015.5 CCP) 2 'STATE OF CALIFORNIA ) Camino Diablo Group vs. City of : ss. Walnut Creek, et al. 3 ICOUNTY OF SAN FRANCISCO ) Contra Costa Superior #273373 4 I am a citizen of the United States and a resident of the ;County aforesaid; I am over the age of eighteen years and not 5 a party to the within entitled action; my business address is: 1100 Pine Street, Suite 950, San Francisco, California 94111 . 6 .. 7 IOn the 12th day of August , 1965 , I served the 8 within NICE OF CLAIM AGAINST A PUBLIC ENTITY 9 on the party in said action, by 10 iplacing a true copy thereof enclosed in a sealed envelope with m W � 11 postage thereon fully prepaid, in the United States mail at g 12 ;San Francisco, California, addressed as follows: r N F N YYYY1111 ` m V WI: u 13 W n i i 14 Gar Board of Supervisors H 8 15 COUNTY OF CONTRA COSTA Z 651 Pine Street m 16 Martinez , CA 94553 17 i 18 i 19 20 21 i 22 23 I declare under penalty of perjury that the foregoing is true 24 ;and correct and that this Proof of Service was executed at 25 San Francisco, California, on August 12 19 85 . 26 Marianne E. Mankin I . - I i ACKNOWLEDGEMENT OF RECEIPT Receipt of the above claim is hereby acknowledged this j day of , 198_. I i (Signature) (Title) I I I I it i Reference: CAMINO DIABLO GROUP vs. CITY OF WALNUT CREEK , et al. Contra Costa Superior Court Action #273373 Claim Against County of Contra Costa i I i I { I I I i I i 'I i i 3 i 'I LAW OFFICES OF ALTON M. CHAMBLISS a row w CNAwnu55 100 PINE STREET. SUITE 950 IDWARD KURZ MAN rRANCINCO.1`AI.II4INNIA 041 It URIAN J MORRIS INAN L F11Nr 1415)579.0290 n(NNIS B KAVANAGH R IER C.DAVIS nIUCra ROGIE DATE: August 12, 1985 NANCY 1 1 FAf11AM 40 1111111 n E1.1VI NffR RE: Camino Diablo Group v. City of Walnut Clerk , Board of Supervisors 273373 Creek j COUNTY OFiCONTRA COSTA ACTION N0: 651 Pine Street Martinez , ICA 94553 TQ-=­C$ERK-6F-THB-29HRT r Please refer to the instructions below marked with an "X ' . We lenclose i inl,the above case. Please file the original and return the file-marked copies in the envelope provided. Our check in the amount of $ is enclosed to cover i fees. ` Issue the original Subpeona/Summons, conform all copies, and return them in the envelope provided to this office. Secure the signature of the Judge on the original Order onlipage , line File the same and return the conformed, file-marked copies to us in the envelope provided. The above case has been settled. ?lease refund jury fees inthe amount of $ , posted by us on and acknowledged by your Receipt No. XX Additional Instructions: Please find enclosed NOTICE OF CLAIM AGAINST A PUBLIC ENTITY. Please sign and return the A1cknowledgment of Receipt and return in the enclosed envelope. ' i Thank you. I I Very truly yours, LAW OFFICES OF ALTON M. CHAMBLISS i I By: 1 /�C1iS-c �.vt� �Z ��✓�o's'dc". j Marianne E. Mankin fo DEAN L. FLINT, ESQ. F— 1. Claim denied 2. McLean William J 3. Same as 1 .4. Blank M H i I, CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION _ Claim Against the County, or District ) NOTICE TO CLAIMANT Senteri<ber 10, -1985 governed by the Board of Supervisors, ) The copy of this documenE 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 i and 915.4. Please note all "Warnings". Claimant: Jack Stangel county—Co Attorney: Francis X. Driscoll , Esq. AUG 14 1985 1990 N. California Blvd. , Suite 802 Address: Walnut Creek, CA 94596 Martinez, CA 94553 Amount: $250, 000. 00 - By delivery to clerk on Date Received: August 13, 1985 By mail, postmarked on August 12 1885 I. FROM:! Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. n Dated: August 13 , 198 PHIL BATCHELOR, Clerk, By M �� ,^ Deputy Arn Cevelli_ _ II. FROM:' County Counsel TO: Clerk rof the Board of Supervisors ' (Check only one) 00 This ;claim complies substantially with Sections 910 and 910.2,, as h firne clai,�,s duly. see- l0eko,,Z . ( ) Thislclaim FAILS to comply substantially with Sections 910 and 910.2, and we are o notifin�l �a''IiImant.C1TBoar�dcan�lot actrtoda�s� (tome.- Claim' ec5tiorpl�) ( � it%ccl(io>1 re pe.rs C /61 of q tm - �fe retell cP c a otic c., % by IY10r` ct.h l f 0.Y p.IOY P.. (�) Claim is not timely filed Ierk should return, elaind on ground that A was filed late �and send warning of claimantls right to apply for leave to present a late claim (Section 911.3). I (x) Other: C./evk 54OLi/d ret-zein u coda;�� tl�� cl& L:1 , fav i C 0 tTY, c �� rl',P J--( vile 1\0 Do Y Y1Z5`v, I Dated: By: Deputy County Counsel III. FROM: Clerk of the Board T0: (1) County ounsel, (2) County Administrator Claim was returned as untimely with notice to claimant (Section 911.3). i IV. BOARD ORDER By unanimous vote of Supervisors present ( ) This claim is rejected in full. (X ) Other: Pnrtipri [lfg, 4al claim not previously returnerl gg tintimal � is reiectsds4, 4 1311 s I certify that this is a• true and correct cop of t e Boar Is Order entered in its minuteso is date. Dated: P 1 T T198 PHIL BATCHELOR, Clerk, By LA Aj L 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. t 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 Attalched are copies of the above claim. We notified the claimant of the Board's action on ,this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to resent aL late claim was mailed to claimant. DATED: c1 UU� �i�y�D� PHIL BATCHELOR, Clerk, By oAl9 , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM it A. 1 FRANCIS X. DRISCOLL, Esq. 1990 N. California Blvd., Suite 802 Walnut Creek, CA, 94596 2 (415) 944-9303 DMIL^ATCNEtOR CLr CHAR GF SUDERV ORS 3 ONTR COSTA C Attorney for Claimant 4 5 IN THE MATTER OF THE CLAIM OF JACK STANGEL 6 7 JACK STANGEL NOTICE OF CLAIM 8 Claimant, 9 S. CONTRA COSTA COUNTY FLOOD 10 CONTROL DEPARTMENT and 11 CONTRA COSTA COUNTY, 12 Respondents 13 14I JACK STANGEL hereby presents this claim to the CONTRA COSTA COUNTY 1511 FLOOD CONTROL DEPARTMENT and CONTRA COSTA COUNTY ("Respondents" 1611hereinafter), pursuant to Government Code Section 910. 171 1. The name and post office address of Claimants are as follows: 181 Jack and Constance Stangel, 3209 Lunada Lane, Alamo, CA, 94507. 19'i 2. The post office address to which Claimants desire notice of this claim 20 o be sent is as follows: 21i FRANCIS X. DRISCOLL, Esq., 1990 N. California Boulevard, Suite 802, 22 Walnut Creek, CA, 94596. 23 3. Claimant has owned the property at 3209 Lunada Lane, Alamo, California, 24 ince May of 1968. The deed provides for a drainage easement of 35 feet wide 25 -xtending 115 feet across the back of the lot. Over the past 15 years, the County i 26 Flood Control Department has done minimal maintenance with the Creek, but has not 27 esolved the problems created by the condition of the Creek. 28 i I 'S 1 4. A Creek at the Southeast border of the Stangel property flooded in .1982. 2 ;The County has been working on this Creek to correct the conditions since then. 3 I This has caused loss of land, trees, and landscaping on this property, which is continuing 4 to the present. 5 5. This continuing damage has not only resulted in the loss of property, but 6 has and continues to cause mental anguish to the owners of this property. 7 8 PRESENT PROPERTY DAMAGE to date is estimated at $150,000, and, 9 PRESENT MENTAL SUFFERING AND ANGUISH estimated at $1009000 10 TOTAL $2509000 11 12 13 FRANCIS X. DRISCOLL Attorney for JACK STANGEL, CLAIMANT. 14 DATED: August 12, 1985 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i FRANCIS X. DRISCOLL, ESQUIRE AUG 13 1995 Rf .-----......- - DATE; August 12, 1985 J. R. 01,360N, CLOW by I T0: I Contra Costa County Clerk P. O. BOX 911 Martinez, CA, 94553 RE: i STAN EL CLAIM ENCLOSURES: Original and one copy of: STAN EL N3fICE OF CLAIM with Proof of Service attached. i Theseiare furnished for the purpose designated below: ( ); Your signing and returning the enclosures in the enclosed envelope ( ) Filing I ( )i Issuance of Process (X )I Filing and returning of the endorsed, filed copies in the envelope provided. ( ) Recording and returning to the undersigned ( ). For your records and information ( ) My check (in the amount of) (not to exceed) $ to cover costs/fees. Kindly return your receipt. ( Y Other: i Ver tyours,I r),,, Secretary Enclosures ATTORNEY AT LAW/ 1990 N. California Blvd., Suite 802 / Walnut Creek, CA 94596 / (415)944-9303 TELEX: 338510 FRANCIS X bRISCOLL Esq. 1 1990 N. California Blvd.; Suite 802 tti 21 Walnut Creek, CA, 94596 /3 /98�' (415) 944-9303 Y. ) , f-wL DAICNEIOR 3 C.r1K OAftD i Su�ERVIS Ra i Attorney for Claimant T 9 t 4 C.c .Cite. oepuw 5 IN THE MATTER OF THE CLAIM OF JACK STANGEL 6' 7 JACK STANGEL NOTICE OF CLAIM. Claimant, 8 • 9 s, j lUCONTRA COSTA COUNTY FLOOD CONTROL DEPARTMENT and 11 CONTRA COSTA COUNTY, 12 Respondents / . 13 f 14 JACK STANGEL hereby presents this claim to the CONTRA COSTA COUNTY 15 17LOOD CONTROL DEPARTMENT and CONTRA COSTA COUNTY ("Respondents" 16 ereinafter), pursuant to'Government Code Section 910. 17 1. The name and post office address of Claimants are as f0ll0w31 18 Jack and Constance Stangel, 3209 Lunada Lane, Alamo, CA, `. 94307. 19 2, The post office address to which Claimants desire notice of this. claim 20 to be sent is as follows:; ' 21 FRANCIS X. DRISCOLL, Esq., 1990 N. California Boulevard, Suite 802, 22 Walnut Creek, CA, 94596. 23 3. Claimant has owned the property at 3209 Lunada Lane, Alamo, California, 24 'nce May of 1968. The deed provides for a drainage easement of 33 feet, wide 25 !xtending 115 feet across the back of the lot. Over the past 15 years, the ,County' 26 Flood Control Department has done minimal maintenance with the Creek, but, has not 27 -esolved the problems created by the condition of the Creek... 28 y+ r if y k i �ti�_2 f � � �"j/..1. ♦J 11 1 ` 1 4. A Creek at the Southeast border of the Stangel property flooded .in 1982. The County has been working on this Creek to correct the conditions since ;then. 3 This has caused loss of land, trees, and landscaping on this property, which Is continuing 41 to the present. 5 5. This continuing damage has not only resulted in the loss of property, but 6 has and continues to cause mental anguish to the owners of this property. i 7 PRESENT PROPERTY DAMAGE to date is estimated at $150,0000 and, 9 PRESENT MENTAL SUFFERING AND ANGUISH estimated at $1009000 10 TOTAL $250,000 i 12 13 FRANCIS X. DRISCOLL Attorney for SACK STANGEL9 CLAIMANT. 14 DATED: August 12, 1985 15 16 - 17 q. - 18 19 20 21 22 23 24 25 26 27 . . J. 28 i CERTIFICATE OF SERVICE BY MAIL (C.C.P. 1012, 1013a, 1963(24), 2015.5) i r i i Re: STANXL CLAIM No. i I certify that my business address is 1990 Northern California Boulevard, Suite 802, Walnut Creek, California 94596, and I am a citizen of the United States, over 18 years of age, a resident of the County of Contra Costa, and not a party to the within action; - I I served a true copy of the attached: rgX,CF CF CLAIM I j by placing said copy in an envelope(s) addressed as follows: CCNPRA COSTA CCXNN FLOCD C190ZOL ;j 255 Glacier Martinez, CA, 94553 I I i which! is/are place(s) having delivery service by U.S. Mail, which envelope(s) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the United States Mail at the'City of Walnut Creek, County of Contra Costa, State of California 94596; I i i 1 certify under penalty of perjury that the foregoing is true and correct. DATED: August 12, 1985 at Walnut Creek, California. I Secretary Enclosures) I I l. Claim denied 2 . Stangel Jack CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT September 10, 1965 governed by the Board of Supervisors, ) The copy of this ocZm- nt 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: Stephen & Terri Crinnion County Counse► Attorney: AUG 1 b 1985 Address: 198 E1-derwood Drive Pleasant Hill , CA 945Martinez, CA 94553 $314. 16 2 Amount: delivery to clerk on ; Date Received: August 14, 1965 By mail, postmarked on Augt,.-r 1 --11 1 yR5 I. FROM: ' Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: A„Q ,gt- , LL 9R_?HIL BATCHELOR, Clerk, By ° Deputy Ann rprvel 1 ; II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (70 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 ounsel, (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 ,elaim is rejected in full. ( ) Other: I I certify that this is a true and correct copy of the Board's Order entered in its minutes fo is date. Dated: ;P 1 d PHIL BATCHELOR, Clerk, By irvv. 0jA,=6MkL3 , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice wai personally served or deposited in the mail to file a court action on this a claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator. Attached are copies of the above claim. We notified the claimant of the Board's action on ,,this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed t Wmantr DATED:_ U Mb PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM CLAIM TO': BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to 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 Supervisors at its office in Room 106 , County Administration Building, 651 Pine Street, Martinez , California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Clerk' s filing stamps Stephen & Terri Crinnion ) ) N a EE" C EIV EIS Against the COUNTY OF CONTRA COSTA) LCLUAK �y�Sor; DISTRICT)(Fill in name) ) H:�or4r...r SUDn STA C?SOiSSTA CO�.... DeputyThe undersigned claimant hereby makes claim agany o Contra Costa or the above-named District in the sum of $ 314.16 and in support of this claim represents as follows : -------'----------------------------------------------------------------- 1 . When did the damage or injury occur? (Give exact date and hour) Monday, July 15 , 1985 5 : 15 p.m. ------=------------ -------------------------------------------- - 2. Where did the damage------or--injury occur? (Include city and county) Taylor Blvd between the cities of Lafayette and Pleasant Hill ------=----------------------------------------------------------------- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) Driving on loose gravel due to road work ------ ----=------------------------------------------------------------ 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? Failure of county to adequately route traffic away from road work which could cause damage to vehicles . (over) 5: What are the names of county or district officers, servants or employees causing the damage or injury? N/A --------'-------------------------------------------- ------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Numerous gouges in front windshield due to loose gravel flying up. - - ----- - - - -- -- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) See attached estimate for new windshield. i K- -- ----- ------ - -- -------------- ------ ------- -------- ------ - ------------ 8. Names and addresses of witnesses, doctors and hospitals. none ii -------=----------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: -DATE ITEM AMOUNT none 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 ignature no ti using an attorney 198 Elderwood Dr.Address Pleasant Hill , Ca 94523 Telephone No. Telephone No. 372-7750 or 254-6941 (work) ************************************************************************** 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 writ Iing, is guilty of a felony. " i DUBLIN NONUA ESTIMATE OF REPAIR COST 7099 Amador Plaza Rd. Dublin, CA 94568 SHEET No OF---SHEETS (415) 828-8030 Sales (415) 828-9040 Service BILL TO, ORDER NO 1 ESTIMATE ADDRESS MADE BY COST. NAME ,JLiNN/oAl * DATE -29 lii _ ADDRESS PHONE 833 4? DEQ BELOW IS OUR ESTIMATE TO REPAIR YOUR AUTOMOBILE MODEL LICENSE NO. MOTOR NO. SERIAL NO. MILEAGE PARTS NECESSARY AND ESTIMATE OF LABOR REOUIREO PARTS COST PAINT COST LABOR COST ESTIMATE ESTIMATE ESTIMATE w s i 5 7 SL- / 86 i i 31 Z 1 I i I _ TOTALS PARTS AND LABOR ESTIMATE GRAND TOTAL J I (IP DAMAGED OR WORN PARTS REMOVED FROM CAR WILL BE JUNKED UNLESS OWNER INSTRUCTS US OTHERWISE IIN WRITING. IF NEW PARTS LISTED HEREIN OR REOUIREO ARE NOT AVAILABLE, WE RESERVE THE RIGHT TO REPAIR SUCH DAMAGED OR WORN PARTS. POSSIBLE. THE CHARGE FOR WHICH WILL BE MAGE ON AN ACTUAL SIGNED TIME BASIS AT OUR PREVAILING LABOR RAYL PER HOUR. THC ABOVE IS AN APPROX. (MATE ESTIMATE OF REPAIRS REQUIRED. BASED ON THE INSPECTION MADE. ADDI. TIONAL PARTS,OR LABORI MAY BE REQUIRED AFTER THE WORK MAS STARTED.WHICH WERE NOT EVIDENT ON THE FIRST INSPECTION. SUCH ADDITIONAL LABOR ANP BY. MATERIAL WILL BE CHARGED FOR IN ADDITION TO THE ABOVE. AUTHORIZATION FOR REPAIRS YOU ARE HEREBY AUTHORIZED TO MAKE THE ABOVE SPECIFIED REPAIRS TO MY CAR /n O BiGN ED DATE 1 B. D. M- LAW PTO CO . 1COPYRIOHT/971 1 i CONTRA (_OSI A CO [INFY MUNICIPAL RISK MANAGEMENT INSURANCE AUTHORITY 1415 OAKLAND BLVD. • SUITE 115 • WALNUT CREEK,CA 94596 K (415)943.1100 August 8, 1985 I g 1 3 Stephen & Terri Crinnion 198 Elderwood Drive Pleasant Hill, CA 94523 Re: Our insured : City of Lafayette (Date/loss : 7/15/85 i Dear Mr. &;Mrs. Crinnion: I i This letter is to confirm that we are in receipt of your claim for damage to the wind- shield of your vehicle which occurred on Taylor Blvd on 7/15/85. We have determined that the section of Taylor Blvd. where this incident occurred lies within the jurisdiction of the County of Contra Costa and that the roadwork was being done by Coiunty employees. It is our recommendation that you contact the County directly for further handling of this clam. I Thank you 4or your cooperation. Very truly yours, PHIL STEFFEN Claims Adjuster i cc: City Manager, Lafayette i I +I I • c: I,f8", I� 1. Claim denied _ ^^ 2. Crinnion Stephen & Terri i CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Sentember 10, 1985 Claim Against the County, or District ) NOTICE TO CLAIMANT - 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: CIA. Harris County Counsel Attorney: � AUG 14 1985 Address: 2222 San Ramon Valley Blvd. Martinez, CA 94553 San Ramon, Ch 94583 Amount: By delivery to clerk on ;k3, 000. 00 Date Received: August 13, 1985 By mail, postmarked on _�llg„Gt 5 , 1985 I I. FROM: ' Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: August 13 19R5PHIL BATCHELOR, Clerk, By DDeputy � nn cruel i II. FROM: iCounty 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 not claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claimis 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 claw(Section 911.3). { ) Other Dated: gii lj;- By. Deputy County Counsel III. FROM: Clerk of the Board TO: (1) Co ty Counsel, (2) County Administrator ( ) Claimlwas returned as untimely with notice to claimant (Section 911.3). i IV. BOARDiORDER By unanimous vote of Supervisors present This claim is rejected in full. ( ) Other i I certify that this is a true and correct cop of the Board's Order entered in its mi »*es for his date. Dated: LE P 10 1995 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:i 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. ( ) AA warning goof; claimant's right to apply for leave to esent a late claim was mailed DATED: JET PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM CLAIM TO:; BOARD OF SUPERVISORS OF CONTRA C0rt*rWapplication to: Instructions to ClaimantClerk of the Board 45� Mrtinez,Calitomia94553 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. Ift: a claim it against more than vne public entity. separate claims must Abe 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 for Clerk's filing stamps C A. 14ARRIS ) s�ECEI DIED Against the COUNTY OF CONTRA COSTA) f or DISTRICT} FMlL Cai�xEto� (Fill in name ) < QARD 'SUPE"go' �+ Rn c sT PC eoury The undeisigned claimant hereby makes claim agar st the Counontra Costa or the above-named District in the sum of $ =io ( C? oQ and in support of this claim represents as follows: �. When �did the damage or �n3ury occur? (Give exact date and �iourj M-Wel -6UMHCR_ 14041 aN ILv4-A W09X By CvuAv-ry �5$�55'/�-►��t/1' DISTRICT /9$/—/ oN SAN RAlti-o&) V41.cey SLV6 7K /LTiAA6��K _4!W_1fr0Y6_<�^gar? (*nclNS�9�Zp�_ w ere �.d e e aama3e or inJ244 y xude city and county) i 2222 5A// ;�AMDAI VALLEY $LVL 3. How did the damage or injury occur? (GiveuI'f detaiSs, use extra sheets if required) WAMR A4A/M /N T119 5-rRgFT Rp okLN 8y 4coA1-rRAe_rok CfpL-A66,P dL &/Rk) FLDOa8D P2 MY oP�yy ,4/VZ) k Aiv TAIRu Aly Ifbvsg aAAJA4i.%.re7 /j4k7D Woob FLOD,e i:�V1ia�_�_ -�---T-- particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? I (over) 15. What are the names of county or district officers, servants or employees causing the damag or. injury? tl A 6. What Cama a or injuries do lou claim resulte3 Give full extent of injuries or damages claimed. Attach two estimates for auto damage) µAP.Dwoo Jb Fl-ooR I FVRNI rVi r- flA11t;,4e,—,6 •1/A X I O u 5 ! S k E S rI,�E� 67V FZ-009 AL-40 J)4 M AC7 Eb �globKs 1� K¢t��2S__�T_� __-BY___.IAYAZF�__�l�l ' 1./-b-------------------- -- 7. How was the mount claimed above computed? Include the estimate amounj, of any prospective injury or damage. �2 Gat pbo GFD R TffE FI voR I /000 m fOk e1-9/A/Vwc Aw b RFP/A-i,2 iiv,7,- FvR/vjrl RE RJ:PL&-1 VI 60oe51 RfCOeDS TApAEs Fre-, AJ&, cLEA-A,i. e-7 04177 13. Names and addresses of witnesses, doctors and hospitals. S/+K E 0 AV SES 4 4iJ-M",e 4 $V,eK Cox)r AcnoR aN ,eo�D tvo�°K AS �SS/Ke-AN7- ZVSTi�IL'7^ MITe�� �V�4�-o,� cov�Ty V45� PvStic wo9eks !�. List the expenditures you made on account of'thi's accident or. inlury: DATE . . ITEMAMOUNT A)0 A F- o DAI — v 2KA,vC-4- A PPXAis Ell' FDR rWC= Ci vB 4P V AC TDe< L1AT ovfV T.41A1 LbpKEi� AT VAMA6E 8vT NEVE/Z ADG"wFZ) 7'H,4Pll Govt. Code Sec. 910.2 provides: "The claim signed by the claimant TEND NOTICES TO: (Attorney) or by some) person on his behalf. " Name and Address of Attorney1 1r1%� i Claimant' s Si�3n ture 2 22 S, Nti,0411A JV BLV A-Rd ailess i I Telephone No. Telephone No. 37 -2S.SG 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. " y I - II 1 The Floor Junction I "Where Quality, Value and Service Come Together" F/7 7 Old Santa Rita Rd., #17 • Pleasanton,CA 94566 5)462-5200 (4 15)785-1223 (415)680-0892 Contractor's License#410968 April 11 , 1985 j C. H.j Harri s P. 0.,' Box 96 San Ramon, Ca. 94583 Dear Mr. Harris, This is our estimate to repair the damaged hardwood floor in the living room, dining room, hallway, and bedroom. The hardwood was flooded when an eight inch water pipe was broken in the street. The hardwood is installed on wood strips which are laid over a cement floor. There was lots of water setting on the floor and under it, so there may be damage under the hardwood that we can' t see until we pull it out to check. Remove and replace furniture 100.00 Tear out approximately 150 sq. ft. 150.00 Check under hardwood ? Replace approximately 150 s ft. cf ? X 3/4 T&G hprdwood 543.00 Tabor to install the wood 345.00 Sand & refinish to natural color 838, 36 1976.36 If I can be of further assistance, please don' t hesitate to call. Sincerely, � � l. chard Joha son i i it I I I CITY OF MARTINEZ 525 HENRIETTA STREET PLEASE REPLY BY MARTINEZ, CALIFORNIA ❑, El 11 .11 PHONE 228-4400 REGULAR AIRWIRE PHONE -MAIL .MAIL.: i TO C. H. HARRIS DATE AUGUST 7, 1985 P. 0. BOX 96 SUBJECT - SAN:RAMON, CA 94583, Y THEiENTIRE ENCLQSED A RETMTED TO YOU HEREWITH BECAUSE IT IS NOT CITY OF MARTINEZ BUSINESS. I SORRY I I SIGNED MFS FOR HAZEL NELSON • RECIPIENT- Please sign and return pink copy i I i i I I I L. Claim denied 2. Harris C A ! �4 l i i CLAIM 4�t'�o BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant 1 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 , CA 94553 (or mcgil 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 ) Resery erk' s filing stamps Ann Kelly Merrill - 4CIVFD .... Against the COUNTY OF CONTRA COSTA) 7 I; PHIL OAT CN1 or DISTRICT) CLC4K00ARD0J [LOR$Op(gy�n�S (Fill in name) ) 13Yc pcosTAC0 •• oea,ry The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 50 . 00 to Ann K. Merrill and in support of this claim represents as follows: $ 132. 26 to CSAR insurance ------------------------------------------------------------------------ l. When did the damage or injury occur? (Give exact date and hour) 7 : 315 AM on July 19 , 1985 re didth ---------e-- ---ed------amage---or----in-j---ury--occur?---=---- -----(Include-----cityan----d-------county)------ Z. Whe City, of Lafayette - Taylor Blvd . ---- ----------------------------------- ----------------------------- 3. Ho--w did the damage or injury occur. (Give full details, use extra sheets if required) gravel had been put on the ground to seal road . While driving over onIway to work gravel kicked up by either passing vehicles or by own vehicle punctured windshield and cracked it . ------=-------------------------------------------------- .---------------- 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? the loose gravel should not have been put on the road even by slowing the speed of the car by 20 miles per hour (35 in a ,55 mile zone) it did not help the situation S. -What are the names .of county ,or :dis.tr-ift Of:f; cels, sex ap:ts Qx ' -employees causing the damage .or kzjury? Contra Costa County road maintennace , no particular employee ----------------------------------------------------- ------------------- 6. Wihat damage or injuries do you claim resulted, d ve' fulI extent of injuries or damages claimed. Attach two estimates for auto damage) complete new front windshield - estimate attached i ----H- ---------=--------------------------------- 7. o--'w-was-----the----amount-------claimed------ above computed? (Include the estimated amount of any prospective injury or damage. ) per companies schedule of rates 8--.-----mes------and----addresses---------of---------witnesses--,--doctors----------and-------hospitals----.------------- Nai none 9. List the expendi$yXes you made on account of this accident or injury: ITEM AMOUNT 1 7/-•2'3 $5 r: e'. Windshield 50 . 00 E1� *50. 00 de&ctible on comprehensive insurance total bill came to 18 . 26 Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or some person on his behalf. " Name and Address of Attorney :2�L Claimant' s Signature 487 Camelback Road Address Pleasant Hill , CA 94523 Telephone No. Telephone No. ' 680=8361 NOTICE I ' 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. " i