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HomeMy WebLinkAboutMINUTES - 07221986 - 1.16 ',.AMENDED" CLAIM .' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AND AS BOARD ACTION Cl air-,,*Against the County, or District governed by) , the Board of Supervisors, Routing Endorsements, ). NOTICE TO CLAIMANT July 22 , 1 9 S 6 and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), �+ Amount: Unspecified given pursuant to Government Code Section 913 arCd &n 915.4. Please note all "WARNINGS". �uesel CLAIMANT. MACY' S CALIFORNIA JUL 0 8 198k ATTORNEY: Daniel M. Crawford, Esq . 841ne1. CA 94655 Carroll, Burdick & McDonough ADDRESS: One Ecker Bldg. , Suite 400 Date received San Francisco, CA 94105 BY DELIVERY TO CLERK ON: July 3 , 1986 BY MAIL POSTMARKED: not legible I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK DATED- July � ' 1986 BY: Deputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( 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. The 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: �et-; -2�puty County Counsel Ly U III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This ClainOis rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order ent ed inits minutes for this date. Dated: JUL ed L 2 2 1986 PHIL BATCHELOR, Clerk, By •,, 4,e eputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only `six (6) months from the date 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. CC: Claimant County Counsel County Administrator SPEED MESSAGE TO Clerk, Board of FROM CARROLL, BURDICK & McDONOUGH Supervisors Contra Costa County ONE ECKER BUILDING, SUITE 400 651 Pine St. , #106 Martinez , CA 94553 SAN FRANCISCO, CALIFORNIA 94105 SUBJECT Macy' s Claims TELEPHONE: (415) 495-0500 DATE 7 f 2Z 198.E- Enclosed please find Amended Claims by Macy's aQainGt the County of Contra Costa,_ Buchanan Field Airport and Consolidated Fire District_ P] Pasp rpt-urn file stamped copy. Thank you. SIGNED Carol Roskelley .CLAO TO; HOARD OF SUPERVISORS OF CONTRA COQ rrgigYapplication to: Instructions to ClaimantC!erk of the Board tr/P, Q .sV i/io 6 Martinez,California 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors _ at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end or his form. RE: AMENDED CLAIM by )Reserved for Clerk's filing stamps Macy 's California ) i RECEIVED ) Against the COUNTY OF CONTRA COSTA) JUL3 1986 or BUCHANAN FIELD AIRPORT DISTRICT) eP1"#1)TFFT- The' undersigned q sons (Fillin name ) h claimant hereby makes claim against the County of-Contra Costa or the above-named District in the sum of $ undetermined at this time . and in support of this claim represents as follows: �. When did the damage or injury occur? (Give exact date and hour] December 23., 1985 , at approximately 8 .30 p.m. Mac ' s served with lawsuit by Evangelistas on April 21 , 1986, and Macy s cause of action for indemnity arose on that date . '�. Where did thedamage or. in3ury occur? (Include city and county Sunvalley Shopping Center, City of Concord, County -of Contra Costa. 3. How did the damage or- in3ury occur? (Give full details, use extra sheets if required) See attached Page 1 . --------------r___' ----------------------------------------------- -- ----- - 4. What particular act or omission on the part of county or district Officers , servants or employees caused the injury or damage? The county, the district and its servants and employees negligently constructed, maintained, operated and/or managed Buchanan Field Airport and other public property. The said county, district and its employees and servants are liable in strict liability for maintaining, operating and/or managing the airport and other (over) public property in its dangerous and defective condition. 5. What are the names of county or district officers, servants or- -" employees causing the damage or injury? Unknown at this time -------------------T-tet--T--------------------------- --------------- 6. What damage or injuries do you claim resulted? Give full extent of injuries or damages claimed. Attach two estimates for auto damage) See attached Page 1. ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) This is a claim for total indemnity. The amount of damages will be determined by the injured parties ' recovery against this claimant. ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. See attached Exhibit B. Investigation is continuing with regard to any potential witnesses . The Consolidated First District and' Concord Police Department reports convering the accident list potential witnesses . 9. List the expenditures you made on account of this accident or injury: r- DATE ITEM AMOUNT � - Macy'.s has -itncurred and is incurring substantial investigative defense costs ,{ including attorneys fees and further may be. subject to the payment of damages to injured parties and Macy' s seeks indemnificatio' for all such damages . . Govt. Code Sec. 910.2provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or hy some perso On h' ehalf. " Name and Address of Attorney Daniel M. Crawford, Esq. `- aimant , Signa re Carroll, Burdick & McDonough for : Macy ' s Cal f rnia One Ecker Bldg. , Suite 400 Addr gg San Francisco, CA 94105 P. O. Box �8 Telephone No. 415/495-0500 San Tele hone No Francisco, CA 94120 P 415/954-6014 Attn: William H. King, Vice Pres . 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. " 3 . A Beechcraft Baron aircraft crashed into the roof of ' Sunvalley Shopping Center, killing the pilot and passengers and injuring shoppers in the mall , among whom were Stephan Evangelista, Catherine Evangelista, Danielle Evangelista, Stephanie Evangelista and Justin Evangelista. The Evangelistas are claiming damages set forth in their complaint filed on April 1, 1986 , a copy of which is attached hereto as Exhibit A. 6 . Plaintiffs seek general damages , reimbursement of past and future medical care, attention and expenses , lost wages and income , cost of suit, prejudgment interest, emotional distress . See Exhibit A. Macy 's claim is for complete and/ or partial indemnity of any recovery against Macy ' s by the Evangelistas and other parties claiming damages due to the aircrash. The accident out of which the claim arose occurred on December 23, 1985 . The cause of action for indemnity arose on April 21 , 1986 , when Macy ' s was served with the lawsuit filed by the Evangelistas . PAGE. l . ' I , r 1 WILLIAM G. LEWIS McCRAY & LEWIS 0 2 A Law Corporation (� 433 Turk Street �J 3 San Francisco, CA 94102 APR(415) 775-3900 ` 1 1986 4 1. R.OISS�h;Cnuncr,!��k Attorneys for Plaintiffs 5 EVANGELISTA FAMILY "` 6 - 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 111 AND FOR THE COUNTY OF CONTRA COSTA 10 11 STEPHAN EVANGELISTA, ) NO. 284590 CATHERINE EVANGELISTA, ) 12 DANIELLE , STEPHANIE and ) COMPLAINT FOR DAMAGES JUSTIN EVANGELISTA, ) 13 Minors By And Through ) Their Guardian Ad. Litem, ) 14 LOURDES EVANGELISTA, ) 15 Plaintiffs , ) 16 v. ) ) i 17 SUN VALLEY SHOPPING CENTER, ) R.H. MACY, INC. , ESTATE OF ) 18 JAMES MOUNTAIN GRAHAM, ) ARK DISTRIBUTING CONPANY, ) 19 BEECH AIRCRAFT CORPORATION, ) TELEDYNE-CONTINENTAL COR- ) 20 PORATION, CITY OF CONCORD, ) COUNTY OF CONTRA COSTA, ) 21 and DOES 1-200, Inclusive, ) 22 Defendants. ) 23 24 25 26 - 1 - Er;°►pit I Plaintiffs allege: 2 FIRST CAUSE OF ACTION 3 (NEGLIGENCE) 4 5 1. Plaintiffs are ignorant of the true names and capacities of 6 Defendants DOES 1-200 and therefore sues said Defendants by such 7 fictitious names . Plaintiffs will amend this complaint to allege 8 the true names and capacities of these Defendants when the same are 9 ascertained. Plaintiffs are informed and believe and thereon allege 10 that each fictitiously named Defendant is in some manner legally 11 responsible for the Plaintiffs ' injuries as alleged in this 12 complaint. 13 2. At all times mentioned in this complaint each of the Defendants 14 including each of the DOE Defendants was the agent , servant , employ- 15 ee or otherwise acting in concert with each of the other Defendants 16 and was acting within the scope of such agency, service or employ- 17 went in doing the acts complained of in this action. 18 3. Defendant SUN VALLEY . SHOPPING CENTER (hereafter "SUN VALLEY") 19 is a business entity whose legal capacity is presently unknown. 20 SUN VALLEY owns , operates , maintains and controls a shopping mall in 21 the City of Concord, Contra Costa County, California. SUN VALLEY 22 rents and/or leases space within the shopping mall to various 23 businesses , including Defendant R.H. MACY, INC. 24 4. Defendant R.H. MACY, INC. (hereafter "MACY") , is a corporation 25 licensed to do business in the State of California. MACY maintains 26 a department store in the SUN VALLEY Mall in Concord, California, 2 - 1 where it invites members of the general public to enter and purchase 2 merchandise for MACY' s profit. 3 5. Plaintiffs are informed and believe and thereon allege that the 4 Defendant ESTATE OF JAMES MOUNTAIN GRAHAM (hereafter "GRAHAM") is 5 admitted to probate in the County of Alameda, California, and is the 6 legal entity responsible for settling the affairs of Decedent James 7 Mountain GRAHAM. GRAHAM was an owner and operator of a Beechcraft 8 Baron Aircraft, Model No. 95A-55, Registration No. N1494G, on 9 December 23, 1985. 10 6. Defendant ARK DISTRIBUTING COMPANY (hereafter "ARK".) is a busi- 11 ness entity whose capacity is unknown at this time. On December 23, 12 1985 , ARK was an owner and operator of a Beechcraft Baron Aircraft, 13 Model No. 95A-55, Registration No. N1494G. 14 7. Defendant BEECH AIRCRAFT CORPORATION (hereafter "BEECH") is a 15 business entity whose capacity is unknown at this time. BEECH is 16 the manufacturer of the Beechcraft. Baron Aircraft , Model No. 95A-55, 17 Registration No. N1494G, operated and owned by GRAHAM and ARK on 16 December 23, 1985 . 19 8. Defendant TELEDYNE-CONTINENTAL CORPORATION (hereafter "TELE- 20 DYNE") is a business entity whose capacity is unknown at this time. 21 TELEDYNE is the manufacturer of the engine in the Beechcraft Baron 22 Aircraft referred to above. 23 9. Defendant CITY OF CONCORD (hereafter "CONCORD") is a municipal 24 corporation located in Contra Costa, California, and has municipal 25 authority over Buchanan Field Airport and SUN VALLEY Shopping Center 26 which are located within its municipal boundaries . 3 - 1 10 . Defendant .COUNTY OF CONTRA COSTA (hereafter "CONTRA COSTA") is 2 a municipal corporation in which the City of CONCORD, California, 3 is located. CONTRA COSTA had municipal authority over Buchanan Field 4 Airport and SUN VALLEY Shopping Center which are located within its 5 municipal boundaries . 6 11 . Defendants DOES 1-50 are unknown architects , . engineers , archi- 7 tectural firms , engineering firms and others who advised SUN VALLEY 8 and MACY to locate their businesses in close proximity to Buchanan 9 Field Airport and/or designed the buildings and structures located 10 thereon. 11 12. On or about December 23, 193.5 , Defendants SUN VALLEY and DOES 12 1-25 so negligently and carelessly designed, owned, maintained, 13 operated, controlled, rented and leased the premises known as the 14 SUN VALLEY Mall in that the property was located within close proxi- 15 mity of Buchanan Field Airport. These Defendants knew or should 16 have known that locating such premises within such proximity would 17 create a forseeable risk of harm to persons on and about the pre- 18 mises from planes taking off and landing at Buchanan Field Airport. 19 Such negligence was the proximate cause of the damages to Plaintiffs 20 described below. 21 13. On or about December 23, 1985 , Defendants MACY and DOES 26-50 22 so negligently and carelessly designed, owned, maintained, operated, 23 controlled, rented and leased the premises located within SUN VALLEY 24 Mall, CONCORD, California. These Defendants knew or should have 25 known that locating their business within a close proximity to 26 Buchanan Field .Airport would create a forseeable risk of harm to 4 - 1 persons on or about their premises from planes taking off and land- 2 ing at Buchanan Field Airport. Such negligence was the proximate 3 and legal cause of the damages to Plaintiffs described below. 4 14. On or about December 23, 1985, James Mountain GRAHAM and 5 Defendant ARK Distributing Company so negligently and carelessly 6 owned, operated, maintained and controlled a Beechcraft Baron 7 Aircraft, Model No. 95A-55 , Registration No. N1494G, as to cause the 8 aircraft to crash into MACY' s at SUN VALLEY Mall proximately causing 9 the damages .to Plaintiffs described below. 10 15 . Defendant BEECH so negligently and carelessly designed, manu- 11 factured, distributed, maintained and repaired a Beechcraft Baron 12 Aircraft, Model No, 95A-55 , Registration No. N1494G, so as to cause 13 the crash at SUN VALLEY Mall on December 23, 1985 . Said negligence 14 was the proximate and legal cause of the injuries to Plaintiffs 15 described below. 16 16. Defendant TELEDYNE so negligently and carelessly designed, mann 17 factured, distributed, maintained and repaired the engine of the 18 Beechcraft Baron Aircraft referred to above so as to cause the crash 19 at SUN VALLEY Mall on .December 23, 1985. Said negligence was the 20 proximate and legal cause of the .injuries to Plaintiffs described 21 below. 22 17. Defendants DOES 51-75 so negligently and carelessly maintained 23 and repaired that certain Beechcraft Baron Aircraft referred to 24 above as to proximately cause it to crash into SUN VALLEY Mall on 25 December 23, 1985. Such negligence was the proximate cause of the 26 damages to Plaintiffs described below. 5 - 1 18. As a proximate result of the negligence of Defendants and each 2 of them, Plaintiffs have required medical care and attention and 3 will require medical care and attention in the future all to their 4 damage in a sum not yet know. Plaintiffs will amend this complaint 5 to state the true amount of such damages when the same have been 6 ascertained. 7 19 . As a further and proximate result of the negligence and care- 8 lessness of Defendants and each of them, Plaintiffs have been 9 generally damaged in an amount in excess of the jurisdictional 10 minimum of this Court. 11 20 . As a further and proximate result of the negligence of Defen- 12 dants and each of them, Plaintiffs STEPHAN and CATHERINE EVANGELISTA 13 were unable to attend to their usual occupations and employment and 14 will be unable to attend to their usual occupations and employment '15 in the future all to their damages in a sum not yet known. Plain- 16 tiffs will amend this complaint to allege the true amount of said 17 damages when the same are ascertained. 18 Wherefore Plaintiffs pray for damages as set forth below. 19 SECOND CAUSE OF ACTION 20 (PRODUCTS LIABILITY) 21 22 21 . Plaintiffs reallege and incorporate by this reference as though 23 set forth at length each and every allegation contained in para- 24 graphs 1-20 of the First Cause of Action. 25 22 . Defendant BEECH was at all times mentioned in this complaint 26 in the business of designing, manufacturing, assembling and selling 6 - 1 aircrafts for use by members of the general public. 2 23. Defendant TELEDYNE was at all times herein mentioned in the 3 business of designing, manufacturing, assembling and selling engines 4 for use in Beechcraft Baron Aircraft for use by members of the 5 general public. 6. 24. Defendant BEECH defectively designed, manufactured and assembl- 7 ed that Beechcraft Baron Aircraft, Model No. 95A-55 , Registration 8 No. N1494G, that crashed into the SUlcl VALLEY Mall on December 23, 9 1985. 10 25 . Defendant TELEDYNE defectively designed, manufactured and '11 assembled the engines in the Beechcraft Baron Aircraft referred to 12 above that crashed into the SUN VALLEY Mall on December 23, 1985.. 13 26. As a proximate result of the defective design, manufacture :and - 14 assembly of the Beechcraft Baron Aircraft and its engines mentioned 15 above, the aircraft crashed into the SUN VALLEY Mall on December 23 , 16 1985 , proximately causing the damages to Plaintiffs alleged in the 17 First Cause of Action. 18 Wherefore Plaintiffs pray damages as set forth below. 19 20 THIRD CAUSE OF ACTION ' (NEGLIGENT INFLICTION OF EMOITONAL DISTRESS) 21 22 27. Plaintiffs reallege and incorporate by this reference as though 23 set forth at length each and every allegation contained in Para.- .24 graphs 1-20 of the First Cause of Action. 25 28. + On or about December 23, 1985 , Plaintiffs CATHERINE EVANGELISTA 26 DANIELLE EVANGELISTA, STEPHANIE EVANGELISTA and JUSTIN EVANGELISTA 7 - 1 were on the premises of Defendants MACY and SUIS VALLEY Shopping 2 Center. 3 29 . Immediately prior to the accident Plaintiff CATHERINE EVANGE- 4 LISTA, the natural mother of Plaintiffs STEPHANIE, DANIELLE and 5 JUSTIN EVANGELISTA, and JUSTIN EVANGELISTA, the natural brother of 6 STEPAHNIE and DANIELLE , became separated from STEPHANIE and DANIELLE. 7 30. Immediately after the crash, Plaintiffs CATHERINE and JUSTIN 8 EVANGELISTA observed an explosion, smoke , fire and flames in the 9 immediate vicinity of where DANIELLE and STEPHA14IE had last been 10 seen. 11 31. The conflagration and the confusion of terrified shoppers 12 fleeing the building prevented CATHERI14E and JUSTIN from returning 13 to the area where STEPHANIE and DA141ELLE had last been seen. 14 32. CATHERINE and JUSTIN knew that STEPHANIE and DANIELLE had been 15 severely injured in the accident but were unable to locate them 16 amid the smoke and flames and general confusion. 17 33. CATHERINE and JUSTIN were subsequently reunited with STEPHANIE 18 and DANIELLE at the hospitals to which the latter were taken for 19 treatment of serious _burn injuries . 20 34. As a proximate result of the negligence *of Defendants and each 21 of them Plaintiffs suffered shock, fright, anxiety and severe 22 emotional distress upon the sensory and contemporaneous observation 23 of the accident all to their damage in an amount to be proven at 24 the trial of the action . 25 Wherefore Plaintiffs pray for damages as set forth below. 26 8 - ' I I 1 FOURTH CAUSE OF ACTION 2 (11MICIPAL LIABILITY) 3 ' 35. Plaintiffs reallege and incorporate herein as though set . forth 4 at length each and every allegation contained in Paragraphs 1-20 of 5 their First Cause of Action. 6 7 36. Plaintiffs have filed timely claims against Defendants CONCORD 8 and CONTRA COSTA and said claims have been rejected. 37. Defendant SUN VALLEY is and at all times mentioned in this 9 10 complaint was located within a forseeable zone of danger from air- 11 craft flying into and out of Buchanan Field Airport. 38. Defendants CONCORD and CONTRA COSTA knew or should have known 12 13 that permitting Buchanan Field Airport and SUN VALLEY to conduct their respective operations within such close proximity to each 14 15 other would create an unreasonable risk of harm to patrons and others on or in the vicinity of SUN VALLEY Shopping Mall. 16 17 39 . Said municipal Defendants- so negligently permitted the design, 18 planning, construction, maintenance and operation of SUN VALLEY and 19 Buchanan Field Airport in such close proximity to each other as to 20 proximately cause the crash at SUN VALLEY on December 23, 1985. 21 40 . Said negligence of the municipal Defendants was the proximate 22 cause of the injuries to Plaintiffs complained of herein. 23 24 25 26 9 - 1 Wherefore Plaintiffs pray for damages as follows : 2 1. For general damages according to proof presented 3 at trial ; 4 2. For special damages for medical care and expenses and 5 lost earnings according to proof presented at trial; 6 3. For costs of suit; 7 4. For prejudgment interest pursuant to Civil Code 8 Section 3291; and 9 5. For such other and further relief as this Court 10 deems just and proper. 11 12 Dated: March 27 , 1986 Respectfully submitted, 13 McCRAY & LEWIS A Law Corporation 14 15 gy 16 WILLIAM G. LEWA 17 Attorneys for Plaintiffs EVANGELISTA FAMILY 18 19 20 21 22 23 24 25 " 26 10 MACY'S SUN VALLEY MALL CRASH - Arbelaez, Deanna Armsden, Vincent M. Bonella, Jina Borque, Joseph i Camcan, Ann Church, Larry Conner, Brian Crouch, Jonathan L. Davis, Kathy Doty, Margaret Dunn, Dayle Elliott, Vern Eros, Charlotte Evangelista, Danielle Evangelista, Stephanie Evans, Diane Glinndon, Davis Graham, James Grehl, Wayne Guadagni, Wendy Hamilton, Lynn Howe, Timothy Jacobsen, James Jacobus, Brett Jamash, Aaron Jamash, Fatima Johnson, Anthony MACY'S SUN VALLEY MALL CRASH - Kaify, Mohamed Lang, Richard Larsen, Pat Lewis, Mack t Lodge, Christina Lodge, Cindy Lodge, Gary Lodge, Julie Ann Lucchese, Nancy Lucchese, Peter Lui, Kenneth Lui, Kenneth Lui, Virginia Luong, Alexander Maderos, Kim Molina, Marial Murray, James Oliver, Brian On, Ann Patterson, Merle Pellegrina, Gian Ploughman, Janet Plowman, Clorene Pruett, Richardson, James Roberson, Kenneth Rodreguez, David MACY'S SUN VALLEY MALL CRASH Sadler, Kelly Sadler, Pamela Sadler, Sabrina Santos, Edward Seiffert, Gregory Sellars, Patricia Shah, Chandra Shah, Chandrika Shaw, Kunjavadan Sheppie, Ruth Shiehan, William Sodaro, Susan Stanford, Pam Stratton, Shannon Suzuki, Kenji Taylor, Nora Thompson, Heather Tillmany, FNU Trice, Jarrod Trice, Susan Wagner, Timothy Wells, Allan White, Carolyn Widdrick, Robert Wilson, Michael Wood, Timothy Woodson, Matthew SPEED MESSAGE TO Clerk, Board of Supervisors FROM CARROLL, BURDICK & McDONOUGH Contra Costa County 651 Pine St. Room 106 ONE ECKER BUILDING, SUITE 400 Martinez , CA 94553 SAN FRANCISCO, CALIFORNIA 94105 SUBJECT TELEPHONE: (415) 495-0500 DATE .Tune 23 19- 8-6-Enclosed please find fhrt-p rlaims ; one against the rnunt)Z of Contra Cnsta, onP against the rnncnlidated Pi-re District and the other agai nGt Riic-hanan Pi Pl d Ai rp rt Please retblrn. fi1P Pndnrged cnnpof each in the enveope provided ThAnk nii N��19 CLERK � '&Ar Suc°R . s SIGNEDGarel Reskelley i r T0: BOARD OF SUPERVISORS OF CONTRA COQ F4?WYapplicatlonto: Instructions to ClaimantC!erk of the Board *io 6 Martinez,California 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the -cause of action. (Sec. 911.2, Govt. Code) . B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end OF this form. RE: Claim by )Reserved stamps ' REC�I�'ED Macy' s California ) ) � JUN��1986 Against the COUNTY OF CONTRA COSTA) UCHANAN FIELD AIRPORT ) u ► ATC UJ R oz8 DISTRICT) apc Su R Das (Filln name ) ley •• r..... Duty The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ undetermined at this time. and in support of this claim represents as follows: �. When did the damage or in3ury occur? Give exact date and hour] December 23 , 1985 , at approximately 8 :30 p.m. Y--RE;i;_aid the damage or in3ury occur? Include city and county) Sunvalley Shopping Center, 'City of Concord, County of Contra Costa. 3'. How did the damage or injury occur? (Give �ul�-details, use extra . sheets if required) See attached Page 1 . 4. What articular act or omission on the T----- p part of county or district . officers , servants or employees caused the injury or damage? The county, the district and its servants• ancl employees negligently constructed, maintained, operated and/or managed Buchanan Field Airport and other public property. The said county, district and its employees and servants are liable in strict liability for maintaining, operating and/or managing the airport and other (over) public property in its dangerous and defective condition. 5. What are the names of county or district officers, servants or� employees causing the damage or injury? i Unknown at this time ------ ------------------------------------------ -- --------------- 6. What damage or injuries do you claim resulted? Give full extent of injuries or damages claimed. Attach two estimates for auto damage) See attached Page 1. -- -- - ------------------------------------------------ - ------ 7. How- was-----the----am--ount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) This is a claim for total indemnity . The amount of damages will be determined by the injured parties ' recovery against this claimant. ------------------------------------------------------------------------- B. Names and addresses of witnesses, doctors and hospitals. See attached Exhibit B. Investigation is continuing with regard to any potential witnesses . The Consolidated First District and Concord Police Department reports convering the accident list potential witnesses . -� --, ------------------------------------------------------------r---- 9. 4 dist the eXpendi�tpres you made on account of this accident or in0ury: iDATE � ; ITEM AMOUNT ' Macy' s 'has `i'.ricurred and is incurring substantial investigative t defense costs , :'including attorneys fees and further may be. subject to the payment :of damages to injured parties and Macy' s seeks } indemnification for all such damages . s Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by sqMe person o his behalf. " Name and Address of Attorney - Daniel M. Crawford, Esq. 1 imant igqnature Carroll , Burdick & McDonough for-: Macy 's Cal f nia One Ecker Bldg. , Suite 400 Addr San Francisco, CA 94105 P. O. BoxSan �1 Telephone No. 415/495-0500 Tele hone No Francisco, CA 94120 P 4.1.5/954-6014 Attn : William H. King, Vice Pres . 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. " 1 3 . A Beechcraft Baron aircraft crashed into the roof of Sunvalley Shopping Center, killing the pilot and passengers and injuring shoppers in the mall , among whom were Stephan Evangelista, Catherine Evangelista, Danielle Evangelista, Stephanie Evangelista and Justin Evangelista. The Evangelistas are claiming damages set forth in their complaint filed on April 1, 1986 , a copy of which is attached hereto as Exhibit A. 6 . Plaintiffs seek general damages , reimbursement of past and future medical care , attention and expenses , lost wages and income, cost of suit, prejudgment interest, emotional distress . See Exhibit A. Macy 's claim is for complete and/ or partial indemnity of any recovery against Macy ' s by the Evangelistas and other parties claiming damages due to the aircrash. PAGE 1 . I WILLIAM G. LEWIS McCRAY & LEWIS 0 2 A Law Corporation D 433 Turk Street 3 San Francisco, CA 94102 APR (415) 775-3900 1986 4 ).R OISMN"cool,r!crk Attorneys for Plaintiffs ��.;:�„�,,,.,,,((itN.,,. 5 EVANGELISTA FAMILY ---- 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 11 STEPHAN EVANGELISTA, ) NO. 294590 CATHERINE EVANGELISTA, ) 12 DANIELLE , STEPHANIE and ) COMPLAINT FOR DAMAGES JUSTIN EVANGELISTA, ) 13 Minors By And Through ) Their Guardian Ad. Litem, ) 14 LOURDES EVANGELISTA, ) 15 Plaintiffs , } 16 v. ) 17 SUN VALLEY SHOPPING CENTER, ) R.H. MACY, INC. , ESTATE OF ) 18 JAMES MOUNTAIN GRAHAM, ) ARK DISTRIBUTING C%1PANY, ) 19 BEECH AIRCRAFT CORPORATION , ) TELEDYNE-CONTINENTAL COR- ) 20 PORATION, CITY OF CONCORD, ) COUNTY OF CONTRA COSTA, ) 21 and DOES 1-200, Inclusive, ) 22 Defendants . ) 23 24 25 26 I IPlaintiffs allege: 2 FIRST CAUSE • OF ACTION 3 (NEGLIGENCE) 4 5 1. Plaintiffs are ignorant of the true names and capacities of 6 Defendants DOES 1-200 and therefore sues said Defendants by such 7 fictitious names . Plaintiffs will amend this complaint to allege 8 the true names and capacities of these Defendants when the same are 9 ascertained. Plaintiffs are informed and believe and thereon allege 10 that each fictitiously named Defendant is in some manner legally 11 responsible for the Plaintiffs ' injuries as alleged in this 12 complaint . 13 2. At all times mentioned in this complaint each of the Defendants 14 including each of the DOE Defendants was the agent, servant , employ- 15 ee or otherwise acting in concert with each of the other Defendants 16 and was acting within the scope of such agency, service or employ- 17 meet in doing the acts complained of in this action. 18 3. Defendant SUN VALLEY SHOPPING CENTER (hereafter "SUN VALLEY") 19 is a business entity whose legal capacity is presently unknown. 20 SUN VALLEY owns , operates , maintains and controls a shopping mall in 21 the City of Concord, Contra Costa County, California. SUN VALLEY 22 rents and/or leases space within the shopping mall to various 23 businesses , including Defendant R.H. MACY, INC. 24 4. Defendant R.H. MACY, INC. (hereafter "MACY") , is a corporation 25 licensed to do business in the State of California. MACY maintains 26 a department store in the SUN VALLEY Mall in Concord, California, - 2 - I where it invites members of the general public to enter and purchase 2 merchandise for MACY' s profit. 3 5 . Plaintiffs are informed and believe and thereon allege that the 4 Defendant ESTATE OF JAMES MOUNTAIN GRAHAM (hereafter "GRAHAM") is 5 admitted to probate in the County of Alameda, California, and is the 6 legal entity responsible for settling the affairs of Decedent James 7 Mountain GRAHAM. GRAHAM was an owner and operator of a Beechcraft 8 Baron Aircraft, Model No. 95A-55, Registration No. N1494G, on 9 December 23, 1985. 10 6. Defendant ARK DISTRIBUTING COMPANY (hereafter "ARK".) is a busi- 11 ness _entity whose capacity is unknown at this time. On December 23, 12 1985 , ARK was an owner and operator of a Beechcraft Baron Aircraft, 13 Model No. 95A-55 , Registration No . N1494G. 14 7. Defendant BEECH AIRCRAFT CORPORATION (hereafter "BEECH") is a 15 business entity whose capacity is unknown at this time. BEECH is 16 the manufacturer of the Beechcraft. Baron Aircraft , Model No. 95A-55 , 17 Registration No. N1494G, operated and owned by GRAHAM and ARK on 18 December 23, 1985 . 19 8. Defendant TELEDYNE-CONTINENTAL CORPORATION (hereafter "TELE- 20 DYNE") is a business entity whose capacity is unknown at this time. 21 TELEDYNE is the manufacturer of the engine in the Beechcraft Baron 22 Aircraft referred to above. 23 9. Defendant CITY OF CONCORD (hereafter "CONCORD") is a municipal 24 corporation located in Contra Costa, California, and has municipal 25 authority over Buchanan Field Airport and SUN VALLEY Shopping Center 26 which are located within its municipal boundaries . 3 - 1 10 . Defendant COUNTY OF CONTRA COSTA (hereafter "CONTRA COSTA") is 2 a municipal corporation in which the City of CONCORD, California, 3 is located. CONTRA COSTA had municipal authority over Buchanan Field .A 4 Airport and SUN VALLEY Shopping Center which are located within its 5 municipal boundaries . 6 11 . Defendants DOES 1-50 .are unknown architects , engineers , archi- 7 tectural firms , engineering firms and others who advised SUN VALLEY 8 and MACY to locate their businesses in close proximity to Buchanan 9 Field Airport and/or designed the buildings and structures located 10 thereon. 11 12 . On or about December 23, 1935 , Defendants SUN VALLEY and DOES 12 1-25 so negligently and carelessly designed, owned, maintained, 13 operated, controlled, rented and leased the premises known as the 14 SUN VALLEY Mall in that the property was located within close proxi- 15 mity of Buchanan Field Airport. These Defendants knew or should 16 have known that locating such premises within such proximity would 11 create a forseeable risk of harm to persons on and about the pre- 18 mises from planes taking off and landing at Buchanan Field Airport. 19 Such negligence was the proximate cause of the damages to Plaintiffs 20 described below. 21 13. On or about December 23, 1985 , Defendants MACY and DOES 26-50 22 so negligently and carelessly designed, owned, maintained, operated, 23 controlled, rented and leased the premises located within SUN VALLEY 24 Mall , CONCORD, California. These Defendants knew or should have 25 known that locating their business within a close proximity to 26 Buchanan Field Airport would create a forseeable risk of harm to 4 - 1 - persons on or about their premises from planes taking off and land- 2 ing at Buchanan Field Airport. Such negligence was the proximate 3 and legal cause of the damages to Plaintiffs described below. ,A 4 14. On or about December 23, 1985, James Mountain GRAHAM and 5 Defendant ARK Distributing Company so negligently and carelessly 6 owned, operated, maintained and controlled a Beechcraft Baron 7 Aircraft, Model No. 95A-55 , Registration No. N1494G, as to cause the 8 aircraft to crash into MACY' s at SUN VALLEY Mall proximately causing 9 the damages to Plaintiffs described below. 10 15 . Defendant BEECH so negligently and carelessly designed, manu- 11 factured, distributed, maintained and repaired a Beechcraft Baron 12 Aircraft, Model No. 95A-55 , Registration No. N1494G, so as to cause 13 the crash at SUN VALLEY Mall on December 23, 1985 . Said negligence 14 was the proximate and legal cause of the injuries to Plaintiffs 15 described below. 16 16. Defendant TELEDYNE so negligently and carelessly designed, mann 17 factured, distributed, maintained and repaired the engine of the 18 Beechcraft Baron Aircraft referred to above so as to cause the crash 19 at SUN VALLEY Mall on .December 23, 1985 . Said negligence was the 20 proximate and legal cause of the .injuries to 'Plaintiffs described 21 below. 22 17. Defendants DOES 51-75 so negligently and carelessly maintained 23 and repaired that certain Beechcraft Baron Aircraft referred to 24 above as to proximately cause it to crash into SUN VALLEY Mall on 25 December 23, 1985. Such negligence was the proximate cause of the 26 damages to Plaintiffs described below. 5 - 1 18 . As a proximate result of the negligence of Defendants and each 2 of them, Plaintiffs have required medical care and attention and 3 will require medical care and attention in the future all to their 4 damage in a sum not yet know. Plaintiffs will amend this complaint S to state the true amount of such damages when the same have been 6 ascertained. 7 19 . As a further and proximate result of the negligence and care- 8 lessness of Defendants and each of them, Plaintiffs have been 9 generally damaged in an amount in excess of the jurisdictional 10 minimum of this Court . 11 20. As a further and proximate result of the negligence of Defen- 12 dants and each of them, Plaintiffs STEPHAN and CATHERINE EVANGELISTA 13 were unable to attend to their usual occupations and employment and 14 will be unable to attend to their usual occupations and employment 15 in the future all to their damages in a sun not yet known. Plain- 16 tiffs will amend this complaint to allege the true amount of said 17 damages when the same are ascertained. 18 Wherefore Plaintiffs pray for damages as set forth below. 19 SECOND CAUSE OF ACTION 20 (PRODUCTS LIABILITY)• 21 22 21. Plaintiffs reallege and incorporate by this reference as though 23 set forth at length each and every allegation. contained in para- 24 graphs 1-20 of the First Cause of Action. 25 .22 . Defendant BEECH was at all times mentioned in this complaint 26 in the business of designing, manufacturing, assembling and selling 6 - 1 aircrafts for use by members of the general public. 2 23. Defendant TELEDYNE was at all times herein mentioned in the 3 business of designing, manufacturing, assembling 'and selling engines 4 for use in Beechcraft Baron Aircraft for use by members of the 5 general public. 6 24. Defendant BEECH defectively designed, manufactured and assembl- 7 ed that Beechcraft Baron Aircraft , Model No. 95A-55 , Registration 8 No. N1494G,. that crashed into the SUIN VALLEY Mall on December 23, 9 1985. 10 25. Defendant TELEDY14E defectively designed, manufactured and 11 assembled the engines in the Beechcraft Baron Aircraft referred to 12 above that crashed into the SUN VALLEY Mall on December 23, 1985. 13 26. As a proximate result of the defective design, manufacture and 14 assembly of the Beechcraft Baron Aircraft and its engines mentioned 15 above, the aircraft crashed into the SUN VALLEY Mall on December 23 , 16 1985 ; proximately causing the damages to Plaintiffs alleged in the 17 First Cause of Action. 18 Wherefore Plaintiffs pray damages as set forth below. 19 THIRD CAUSE OF ACTION 20 21 (NEGLIGENT INFLICTION OF EMOITONAL DISTRESS) 22 27. Plaintiffs reallege and incorporate by this reference as though 23 set forth at length each and every allegation contained in Para.- 24 ara-24 graphs 1-20 of the First Cause of Action. 25 28. r On or about December 23, 1985 , Plaintiffs CATHERINE EVANGELISTA 26 DANIELLE EVANGELISTA, STEPHANIE EVANGELISTA and JUSTIN EVANGELISTA 7 - I were on the premises of Defendants MACY and SUIS VALLEY Shopping 2 Center. . ` 3 29 . Immediately prior to the accident Plaintiff CATHERINE EVANGE- 4 LISTA, the natural mother of Plaintiffs STEPHANIE, DANIELLE and 5 JUSTIN EVANGELISTA, and JUSTIN EVANGELISTA, the natural brother of 6 STEPAHNIE and DANIELLE, became separated from STEPHANIE and DANIELLE] 7 30. Immediately after the crash, Plaintiffs CATHERINE and JUSTIN 8 EVANGELISTA observed an explosion, smoke , fire and flames in the 9 immediate vicinity of where DANIELLE and STEPHANIE had last been 10 seen. 11 31. The conflagration and the confusion .of terrified shoppers 12 fleeing the building prevented CATHERINE and JUSTIN from returning 13 to the area where STEPHANIE and DANIELLE had last been seen. 14 32 . CATHERINE and JUSTIN knew. that STEPHANIE and DANIELLE had been 15 severely injured in the accident but were unable to locate them 16 amid the smoke and flames and general confusion. 17 33. CATHERINE and JUSTIN were subsequently reunited with STEPHANIE 18 and DANIELLE at the hospitals to which the latter were taken for 19 treatment of serious .burn injuries . 20 34. As a proximate result of the negligence ,of Defendants and each 21 of t'iem Plaintiffs suffered shock, fright, anxiety and severe 22 emotional distress upon the sensory and contemporaneous observation 23 of the accident all to their damage in an amount to be proven at 24 the trial of the action . 25 Wherefore Plaintiffs pray for damages as set forth below. 26 ! / 1 / - 8 - 1 FOURTH CAUSE OF ACTION 2 (MMUCIPAL LIABILITY) 3 4 35. Plaintiffs redllege and incorporate herein as though set forth S at length each and every allegation contained in Paragraphs 1-20 of their First Cause of Action. 6 36 . Plaintiffs have filed timely claims against Defendants CONCORD 7 8 and CONTRA COSTA and said claims have been rejected. 37 . Defendant SUN VALLEY is and at all times mentioned in this 9 complaint was located within a forseeable zone of danger from air- 10 craft flying into and out of Buchanan Field Airport . 11 38. Defendants . CONCORD and CONTRA COSTA knew or should have known 12 13 that permitting Buchanan Field Airport and SUN VALLEY to conduct their respective operations within such close proximity to each 14 other would create an unreasonable risk of harm to patrons and 15 others on or in the vicinity of SUN VALLEY Shopping Mall. 16 17 39 . Said municipal Defendants so negligently permitted the design, planning, construction, maintenance and operation of SUN VALLEY and 18 19 Buchanan Field Airport in such close proximity to each other as to 20 proximately cause the crash at SUN VALLEY on December 23, 1985 . 21 40 . Said negligence of the municipal Defendants was the proximate 22 cause of the injuries to Plaintiffs complained of herein. 23 24 25 26 - 9 - I Wherefore Plaintiffs pray for damages as follows : 2 1 . For general damages according to proof presented 3 at trial ; 4 2. Foe special damages for medical care and expenses and S lost earnings according to proof presented at trial ; 6 3. For costs of suit ; 7 4. For prejudgment interest pursuant to Civil Code 8 Section 3291 ; and 9 5. For such other and further relief as this Court 10 deems just and proper. 11 12 Dated: March 27, 1986 Respectfully submitted, 13 McCRAY & LEWIS A Law Corporation 14 is By: 16 WILLIAM G. LEWA 17 Attorneys for Plaintiffs EVA14GELISTA FAMILY 18 ' 19 20 21 22 23 24 25 26 - 10 - MACY'S SUN VALLEY MALL CRASH - Arbelaez, Deanna Armsden, Vincent M. Bonella, Jina Borque, Joseph 1 Camcan, Ann Church, Larry Conner, Brian Crouch, Jonathan L. Davis, Kathy Doty, Margaret Dunn, Dayle Elliott, Vern Eros, Charlotte Evangelista, Danielle Evangelista, Stephanie Evans, Diane Glinndon, Davis Graham, James Grehl; Wayne Guadagni, Wendy Hamilton, Lynn Howe, Timothy Jacobsen, James Jacobus, Brett Jamash, Aaron Jamash, Fatima Johnson, Anthony MACY'S SUN VALLEY MALL CRASH - Kaify, Mohamed Lang, Richard Larsen, Pat _ Lewis, Mack t Lodge, Christina. Lodge, Cindy Lodge, Gary Lodge, Julie Ann Lucchese, Nancy Lucchese, Peter Lui, Kenneth Lui, Kenneth Lui, Virginia Luong, Alexander Maderos, Kim Molina, Marial Murray, James Oliver, Brian On, Ann Patterson, Merle Pellegrina, Gian Ploughman, Janet Plowman, Clorene Pruett, Richardson, James Roberson, Kenneth Rodreguez, David KAY'S SUN VALLEY MALL CRASH - ;.-Sadler, Kelly • Sadler, Pamela Sadler, Sabrina Santos,, Edward Seiffert, Gregory Sellars, Patricia i Shah, Chandra Shah, Chandrika Shaw, Kunjavadan Sheppie, Ruth Shiehan, William Sodaro, Susan Stanford, Pam Stratton, Shannon Suzuki , Kenji Taylor, Nora Thompson, Heather Tillmany, FNU Trice, Jarrod Trice, Susan Wagner, Timothy Wells, Allan White, Carolyn Widdrick, Robert Wilson, Michael Wood, Timothy Woodson, Matthew AMENDED_ CLAIM 1 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA I BOARD ACTION Claim Against the. County, or District governed by) the •Roard of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 22, 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), Amount: Unspecified given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". MACY' S CALIFORNIA unty Counsel CLAIMANT: JUL 081986 ATTORNEY: Daniel M. Crawford, Esq_. Afartltr*Z CA Carroll , Burdick & McDonough 5 ADDRESS: One Ecker Bldg. , Suite 400 Date received San Francisco, CA 94105 BY DELIVERY TO CLERK ON: July 3 , 1986 BY MAIL POSTMARKED: not legible I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK DATED: July 7 , 1986 BY: Deputy Haii II. FROM: County Counsel TO: Clerk of the Board of Supervisors (}C,1 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. The 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: /Q 19SI, By: /jA�Z���eputy County Counsel II1. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present This Claim4is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order ent ed i its minutes for this date. Dated: JUL 2 PHIL BATCHELOR Clerk B Clerk ���� , y �e'uty C e. WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date 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. CC: Claimant County Counsel County Administrator .y . SPEED.MESSAGE TO Clerk, Board of FROM CARROLL, BURDICK & McDONOUGH Supervisors Contra Costa County ONE ECKER BUILDING, SUITE 400 651 Pine St. , #106 Martinez , CA- 94553 SAN FRANCISCO, CALIFORNIA 94105 SUBJECT Macy 's Claims TELEPHONE: (415) 495-0500 DATE 7/2/ 19$f.,- Enclosed please find Amended Claims by Many 's against the County of Contra Costa, Buchanan Field Airport and Consolidated Fire District_ Please return file stamped copy. Thank you, SIGNED Carol Roskelle_y - y cur, T0: BOARD OF SUPERVISORS OF CONTRA COP*QVappiication to: Instructions to ClaimantC!erk of the Board io Martinez,Califomia 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of 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 ST is form. RE: AMENDED CLAIM by )Reserved for Clerk's filing stamps Macy' s California ) ) RECEIVE Against the COUNTY OF CONTRA COSTA) JUL� 19BG or . DISTRICT) ► AT OR PER S .(Fill1n name ) u ey G The undersigned claimant hereby makes claim ag t the county or Contra Costa or the above-named District in the sum of $ undetermined at this time. and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour] December 23 , 1985 , at approxi2�1mat lyl%jo Pha. Macyscause ed with lawsuit b Evan8elistas on April , , action for indemnity arose on that date. --- --- T-------------� ---T ?- ---------------------------�-- . Where did the damage or. in3ury- ----occur?------ (Include city and county) Sunvalley Shopping Center, City of Concord, County of Contra Costa. -T-------T----- - ----------- --------------------- d -- -----T -------------- 3. How did the amage or injury occur? (Give fu1S details, use extra i sheets if required) See attached Page 1 . What particular act or omissi-------- 4. on part Of county Or district officers , servants or employees caused the injury or damage? The county, the district and its servants and employees negligently constructed, maintained, operated and/or managed Buchanan Field Airport and other public property. The said county, district and its employees and servants are liable in strict liability for maintaining, operating and/or managing the airport and other (over) public property in its dangerous and defective condition. S. What are the names of county or district officers-, servants or— employees causing the damage or injury? Unknown at this time 6. What damage or injuries do you claim resulted? Give full extent of injuries or damages claimed. Attach two estimates for auto damage) See attached Page 1. ----------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) This is a claim for total indemnity. The amount of damages will be determined by the injured parties ' recovery against this claimant. ------------------------------------------------------------------------- B. Names and addresses of witnesses, doctors and hospitals. See attached Exhibit B . Investigation is continuing with regard to any potential witnesses . The Consolidated First District and Concord Police Department reports convering the accident , list potential witnesses . 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Macy's ihap. izcurred and is incurring substantial investigative ` 'defente. cbstsj V cluding attorneys fees and further may be. subject to the payment damages to injured parties and Macy's seeks indemnification for all such damages . s Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or b . some person op h' behalf. " Name and Address of Attorney Daniel M. Crawford, Esq. lai ant s S gnature Carroll, Burdick & McDonough for: Macy 's Cali o nia One Ecker Bldg. , Suite 400 P. 0. Bdodre� 8 San Francisco, CA 94105 Telephone No. 415/495-0500 San Francisco, CA 94120 p Telephone No- 4151954-6014 Attn : William H. King, Vice Pres . 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. " 3. A Beechcraft Baron aircraft crashed into the roof of Sunvalley Shopping. Center, killing the pilot and passengers and injuring shoppers in the mall , among whom were Stephan Evangelista, Catherine Evangelista, Danielle Evangelista, Stephanie Evangelista and Justin Evangelista. The Evangelistas are claiming damages set forth in their complaint filed on April 1, 1986 , a copy of which is attached hereto as Exhibit A. 6 . Plaintiffs seek general damages , reimbursement of past and future medical care, attention and expenses, lost wages and income , cost of suit, prejudgment interest, emotional distress . See Exhibit A. Macy 's claim is for complete and/ or partial indemnity of any recovery against Macy ' s by the Evangelistas and other parties claiming damages due to the aircrash. The accident out of which the claim arose occurred on December 23, 1985 . The cause of action for indemnity arose on April 21 , 1986 , when Macy 's was served with the lawsuit filed by the Evangelistas . PAGE. l . i 1 WILLIAM G. LEWIS McCRAY & LEWIS 2 A Law Corporation 433 Turk Street 3 San Francisco, CA 94102 APR (415) 775-3900 ` 11986 4 1.R.�JLSS�h,County�!c�k Attorneys for Plaintiffs "�"Ili 6(0.11 5 EVANGELISTA FAMILY n" - IN1.1:IULLu Ur{vq 6 7 8 ' SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 11 STEPHAN EVANGELISTA, ) NO. 284590 CATHERINE EVANGELISTA, ) 12 DANIELLE , STEPHANIE and ) COMPLAINT FOR DAMAGES JUSTIN EVANGELISTA, ) 13 Minors By And Through ) Their Guardian Ad. Litem, ) 14 LOURDES EVANGELISTA, ) 15 Plaintiffs , ) 16 v. ) 17 SUN VALLEY SHOPPING CENTER, ) R.H. MACY, INC. , ESTATE OF ) 18 JAMES MOUNTAIN GRAHAM,, ) ARK DISTRIBUTING COMPANY, ) 19 BEECH AIRCRAFT CORPORATION, ) TELEDYNE-CONTINENTAL COR- ) 20 PORATION, CITY OF CONCORD, ) COUNTY OF CONTRA COSTA, ) 21 and DOES 1-200, Inclusive, ) 22 Defendants. ) 23 24 25 26 I Plaintiffs allege: 2 FIRST CAUSE OF ACTION 3 . (NEGLIGENCE) 4 5 1. Plaintiffs are ignorant of the true names and capacities of 6 Defendants DOES 1-200 and therefore sues said Defendants by such 7 fictitious names . Plaintiffs will amend this complaint to allege 8 the true names and capacities of these Defendants when the same are 9 ascertained. Plaintiffs are informed and believe and thereon allege 10 that each fictitiously named Defendant is in some manner legally 11 responsible for the Plaintiffs ' injuries as alleged in this 12 complaint. 13 2. At all times mentioned in this complaint each of the Defendants 14 including each of the DOE Defendants was the agent, servant , employ 15 ee or otherwise acting in concert with each of the other Defendants 16 and was acting within the scope of such agency, service or employ- 17 ment in doing the acts complained of in this action. 18 3. Defendant SUN VALLEY SHOPPING CENTER (hereafter "SUN VALLEY") 19 is a business entity whose legal capacity is presently unknown. 20 SUN VALLEY owns , operates , maintains and controls a shopping mall in 21 the City of Concord, Contra Costa County, California. SUN VALLEY 22 rents and/or leases space within the shopping mall to various 23 businesses, including Defendant R.H. MACY, INC. 24 4. Defendant R.H. MACY, INC. (hereafter "MACY") , is a corporation 25 licensed to do business in the State of California. MACY maintains 26 a department store in the SUN VALLEY Mall in Concord, California, 2 - 1 where it invites members of the general public to enter and purchase 2 merchandise for MACY' s profit. 3 5 . Plaintiffs are informed and believe and thereon allege that the 4 Defendant ESTATE OF JAMES MOUNTAIN GRAHAM (hereafter "GRAHAM") is 5 admitted to probate in the County of Alameda, California, and is the 6 legal entity responsible for settling the affairs of Decedent James 7 Mountain GRAHAM. GRAHAM was an owner and operator of a Beechcraft 8 Baron Aircraft, Model No. 95A-55 , Registration No. N.1494G, on 9 December 23, 1985. 10 6. Defendant ARK DISTRIBUTING COMPANY (hereafter "ARK") is a busi- 11 ness entity whose capacity is unknown at this time. On December 23, 12 1985 , ARK was an owner and operator of a Beechcraft Baron Aircraft, 13 Model No. 95A-55 , Registration No . N1494G. 14 7. Defendant BEECH AIRCRAFT CORPORATION (hereafter "BEECH") is a 15 business entity whose capacity is unknown at this time. . BEECH is 16 the manufacturer of the Beechcraft.. Baron Aircraft , Model No. 95A-55, 17 Registration No. N1494G, operated and owned by GRAHAM and ARK on 18 December 23, 1985. 19 8. Defendant TELEDYNE-CONTINENTAL CORPORATION (hereafter "TELE- 20 DYNE") is a business entity whose capacity is unknown at this time. 21 TELEDYNE is the manufacturer of the engine in the Beechcraft Baron 22 Aircraft referred to above. 23 9. Defendant CITY OF CONCORD (hereafter "CONCORD") is a municipal 24 corporation located in Contra Costa, California, and has municipal 25 authority over Buchanan Field Airport and SUN VALLEY Shopping Center 26 which are located within its municipal boundaries . 3 - 1 10 . Defendant COUNTY OF CONTRA COSTA (hereafter "CONTRA COSTA") is 2 a municipal corporation in which the City of CONCORD, California, 3 is located. CONTRA COSTA had municipal authority over Buchanan Field 4 Airport and SUN VALLEY Shopping Center which are located within its 5 municipal boundaries . 6 11 . Defendants DOES 1-50 are unknown architects , engineers , archi- 7 tectural firms , engineering firms and others who advised SUN VALLEY 8 and MACY to locate their businesses in close proximity to Buchanan 9 Field Airport and/or designed the buildings and structures located 10 thereon. 11 12. On or about December 23, 1985 , Defendants SUN VALLEY and DOES 12 1-25 so negligently and carelessly designed, owned, maintained, 13 operated, controlled, rented and leased the premises known as the 14 SUN VALLEY Mall in that the property was located within close proxi- 15 mity of Buchanan Field Airport. These Defendants knew or should 16 have known that locating such premises within such proximity would 17 create a forseeable risk of harm to persons on and about the pre- 18 mises from planes taking off and landing at Buchanan Field Airport. 19 Such negligence was the proximate cause of the damages to Plaintiffs 20 described below. 21 13. On or about December 23, 1985 , Defendants MACY and DOES 26-50 22 so negligently and carelessly designed, owned, maintained, operated, 23 controlled, rented and leased the premises located within SUN VALLEY 24 Mall, CONCORD, California. These Defendants knew or should have 25 known that locating their business within a close proximity to 26 Buchanan Field Airport would create a forseeable risk of harm to 4 - 1 persons on or about their premises from planes taking off and land- 2 ing at Buchanan Field Airport. Such negligence was the proximate 3 and legal cause of the damages to Plaintiffs described below. 4 14. On or about December 23, 1985 , James Mountain GRAHAM and 5 Defendant ARK Distributing Company so negligently and carelessly 6 owned, operated, maintained and controlled a Beechcraft Baron 7 Aircraft, Model No. 95A-55 , Registration No. N1494G, as to cause the 8 aircraft to crash into MACY' s at SUN VALLEY Mall proximately causing 9 the damages to Plaintiffs described below. 10 15. Defendant BEECH .so negligently and carelessly designed, manu- 11 factured, distributed, maintained and repaired a Beechcraft Baron 12 Aircraft, Model No . 95A-55 , Registration No. N1494G, so as to cause 13 the crash at SUN VALLEY Mall on December 23, 1985 . Said negligence 14 was the proximate and legal cause of the injuries to, Plaintiffs 15 described below. 16 16. Defendant TELEDYNE so negligently and carelessly designed, mann 17 factured, distributed, maintained and repaired the engine of the 18 Beechcraft Baron Aircraft referred toabove so as to cause the crash 19 at SUN VALLEY Mall on -December 23, 1985 . Said negligence was the 20proximate and legal cause of the .injuries to Plaintiffs described 21 below. 22 17 . Defendants DOES 51-75 so negligently and carelessly maintained 23 and repaired that certain Beechcraft Baron Aircraft referred to 24 above as to proximately cause it to crash into SUN VALLEY Mall on 25 December 23, 1985 . Such negligence was the proximate cause of the 26 damages to Plaintiffs described below. 5 - 1. 18. As a proximate result of the negligence of Defendants and each 2 of them, Plaintiffs have required medical care and attention and 3 will require medical care and attention in the future all to their 4 damage in a sum not yet know. Plaintiffs will amend this complaint 5 to state the true amount of such damages when the same have been 6 ascertained. 7 19 . As a further and proximate result of the negligence and care- 8 lessness of Defendants and each of them, Plaintiffs have been 9 generally damaged in an amount in excess of the jurisdictional 10 minimum of this Court . 11 20 . As a further and proximate result of the negligence of Defen- 12 dants and each of them, Plaintiffs STEPHAN and CATHERINE EVANGELISTA 13 were unable to attend to their usual occupations and employment and 14 will be unable to attend to their usual occupations and employment 15 in the future all to their damages in a sum not yet known. Plain- 16 tiffs will. amend this complaint to allege the true amount of said 17 damages when the same are ascertained. 18 Wherefore Plaintiffs pray for damages as set forth below. 19 SECOND CAUSE OF ACTION 20 (PRODUCTS LIABILITY). 21 22 21 . Plaintiffs reallege and incorporate by this reference as though 23 set forth at length each and every allegation contained in para- 24 graphs 1-20 of the First Cause of Action. 25 22 . Defendant BEECH was at all times mentioned in this complaint 26 in the business of designing, manufacturing, assembling and selling 6 - j 1 aircrafts for use by members of the general public. 2 23. Defendant TELEDYNE was at all times herein mentioned in the 3 business of designing, manufacturing, assembling and selling engines 4 for use in Beechcraft Baron Aircraft for use by members of the 5 general public. 6. 24. Defendant BEECH defectively designed, manufactured and assembl- 7 ed that Beechcraft Baron Aircraft , Model No. 95A-55 , Registration 8 No. N1494G, that crashed into the SUIN VALLEY Mall on December 23, 9 1985. 10 25. Defendant TELEDYNE defectively designed, manufactured and 11 assembled the engines in the Beechcraft Baron Aircraft referred to 12 above that crashed into the SUN VALLEY Mall on December 23, 1985.. 13 26. As a proximate result of the defective design, manufacture :and . 14 assembly of the Beechcraft Baron Aircraft and its engines mentioned 15 above, the aircraft crashed into the SUN VALLEY Mall on December 23 , 16 1985 , proximately causing the damages to Plaintiffs alleged in the 17 First Cause of Action. 18 Wherefore Plaintiffs pray damages as set forth below. 19 THIRD CAUSE OF ACTION 20 21 . (NEGLIGENT INFLICTION OF EMOITONAL DISTRESS) 22 27. Plaintiffs reallege and incorporate by this reference as though 23 set forth at length each and every allegation contained in Para.- 24 ara-24 graphs 1-20 of the First Cause of Action. 25 28. r On or about December 23, 1985 , Plaintiffs CATHERINE EVANGELISTA 26 DANIELLE EVANGELISTA, STEPHANIE EVANGELISTA and JUSTIN EVANGELISTA 7 - 1 were on the premises of Defendants MACY and SUN VALLEY Shopping 2 Center. 3 29 . Immediately prior to the accident Plaintiff CATHERINE EVANGE- 4 LISTA, the natural mother of Plaintiffs STEPHANIE, DANIELLE and 5 JUSTIN EVANGELISTA, and JUSTIN EVANGELISTA, the natural brother of 6 STEPAHNIE and DANIELLE , became separated from STEPHANIE and DANIELLE. 7 30. Immediately after the crash, Plaintiffs CATHERINE and JUSTIN 8 EVANGELISTA observed an explosion, smoke, fire and flames in the 9 immediate vicinity of where DANIELLE and STEPHANIE had last been 10 seen. 11 31. The conflagration and the confusion of terrified shoppers 12 fleeing the building prevented CATHERINE and JUSTIN from returning 13 to the area where STEPHANIE and DANIELLE had last been seen. 14 32. CATHERINE and JUSTIN knew that STEPHANIE and DANIELLE had been 15 severely injured in the accident but were unable to locate them 16 amid the smoke and flames and general confusion. 17 33. CATHERINE and JUSTIN were subsequently reunited with STEPHANIE 18 and DANIELLE at the hospitals to which the latter were taken for 19 treatment of serious .burn injuries . 20 34. As a proximate result of the negligence 'of Defendants and each 21 of t`iem Plaintiffs suffered shock, fright, anxiety and severe 22 emotional distress upon the sensory and contemporaneous observation 23 of the accident all to their damage in an amount to be proven at 24 the trial of the action . 25 Wherefore Plaintiffs pray for damages as set forth below. 26 8 - e 1 FOURTH CAUSE OF ACTION 2 (MUNICIPAL LIABILITY) 3 35 . Plaintiffs reallege and incorporate herein as though set forth 4 5 at length each and every allegation contained in Paragraphs 1-20 of their First Cause of Action. 6 . 36. Plaintiffs have filed timely claims against Defendants CONCORD 7 and CONTRA COSTA and said claims have been rejected. 8 37 . Defendant SUN VALLEY is and at all times mentioned in this 9 10 complaint was located within a forseeable zone of danger from air- craft flying into and. out of Buchanan Field Airport. 11 38. Defendants CONCORD and CONTRA COSTA knew or should have known 12 13 that permitting Buchanan Field Airport and SUN VALLEY to conduct 14 their respective operations within such close proximity to each , 15 other would create an unreasonable risk of harm to patrons and others on or in the vicinity of SUN VALLEY Shopping Mall. 16 17 39 . Said municipal Defendants so negligently permitted the design, 18 planning, construction, maintenance and operation of SUN VALLEY and 19 Buchanan Field Airport in such close proximity to each other as to 20 proximately cause the crash at SUN VALLEY on December 23, 1985. 21 40 . Said negligence of the municipal Defendants was the proximate 22 cause of the -injuries to Plaintiffs complained of herein. 23 24 25 26 9 - 1 Wherefore Plaintiffs pray for damages as follows: 2 1. For general damages according to proof presented 3 at trial ; 4 2. For special damages for medical care and expenses and 5 lost earnings according to proof presented at trial; 6 3. For costs of suit ; 7 4. For prejudgment interest pursuant to Civil Code 8 Section 3291 ; and 9 5. For such other and further relief as this Court 10 deems just and proper. 11 12 Dated: March 27, 1986 Respectfully submitted, 13 McCRAY & LEWIS A Law Corporation 14 15 By: 4 \" 16 WILLIAM G. LEVA 17 Attorneys for Plaintiffs EVANGELISTA FAMILY 18 19 20 21 22 23 24 25 26 10 - ,MACY'S•SUN VALLEY MALL CRASH - Arbelaez, Deanna Armsden, Vincent M. Bonella, Jina Borque, Joseph 1 Camcan, Ann Church, Larry Conner, Brian Crouch, Jonathan L. Davis, Kathy Doty, Margaret Dunn, Dayle Elliott, Vern Eros, Charlotte Evangelista, Danielle Evangelista, Stephanie Evans, Diane Glinndon, Davis Graham, James Grehl, Wayne Guadagni, Wendy Hamilton, Lynn Howe, Timothy Jacobsen, James Jacobus, Brett Jamash, Aaron Jamash, Fatima Johnson, Anthony MACY'S SUN VALLEY MALL CRASH Kaify, Mohamed Lang, Richard Larsen, Pat Lewis, Mack t Lodge, Christina Lodge, Cindy Lodge, Gary Lodge, Julie Ann Lucchese, Nancy Lucchese, Peter Lui, Kenneth Lui, Kenneth Lui, Virginia Luong, Alexander Maderos, Kim Molina, Marial Murray, James Oliver, Brian On, Ann Patterson, Merle Pellegrina, Gian Ploughman, Janet Plowman, Clorene 'Pruett, Richardson, James Roberson, Kenneth Rodreguez, David -IJACY'S SUN VALLEY MALL CRASH - Sadler, Kelly Sadler, Pamela Sadler, Sabrina Santos, Edward Seiffert, Gregory Sellars, Patricia Shah, Chandra Shah, Chandrika Shaw, Kunjavadan Sheppie, Ruth Shiehan, William Sodaro, Susan Stanford, Pam Stratton, Shannon Suzuki, Kenji Taylor, Nora Thompson, Heather Tillmany, FNU Trice, Jarrod Trice, Susan Wagner, Timothy Wells, Allan White, Carolyn Widdrick, Robert Wilson, Michael Wood, Timothy Woodson, Matthew i j � TO: BOARD OF SUPERVISORS OF CONTRA CO# rrRWYapFiication to: Instructions to ClaimantVerk of the Board W10 o6 Martinez,California 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the -cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end o this form. RE: Claim by )Reserved for Clerk's stamps Macy ' s California ) Fi—D ♦��� RECE Against the COUNTY OF CONTRA COSTA) or DISTRICT) o q" Fg E VISORS (Fillin name ) C RK The undersigned claimant hereby makes claim agains the County of Contra Costa or the above-named District in the sum of $ undetermined at this time. and in support of this claim represents as follows: ------------------------T-T----------------------- ---- --� -and----hour date -- --- . When did the damage or injury occur? (Give exact ] December 23 , 1985 , at approximately 8 :30 p.m. �.--W�iere did-tFie damage or. injury occur? (Include city and county) Sunvalley Shopping Center, City of Concord, County of Contra Costa. -7-------T---------------------------------T--- - - T ------------- 3. How did the damage or injury occur? (Give Zulu details, use extra sheets if required) See attached Page 1 . 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? The county, the district and its servants and employees negligently constructed, maintained, operated and/or managed Buchanan Field Airport and other public property. The said county, district and its employees and servants are liable in strict liability for maintaining, operating and/or managing the airport and other (over) public property in its dangerous and defective condition. 5: What are the names of county or district officers, servants or-- employees riemployees causing the damage or injury? Unknown at this time 6. what damage or in3uries do you claim resulted? ZGive full extent of injuries or damages claimed. Attach two estimates for auto damage) See attached Page 1. ---------------------------------------- 7. How was the amount claimed above computed? (Include the estimated - amount of any prospective injury or damage. ) This is a claim for total indemnity. The amount of damages will be determined by the injured parties ' recovery against this claimant. ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. See attached Exhibit B. Investigation is continuing with regard to any potential witnesses . The Consolidated First District and Concord Police Department reports convering the accident list potential witnesses . i.ist_.the_ expenditures you made on account of this accident or injury: ! DATE ITEM AMOUNT --r f Macy',S` hSLs tdc rred and is incurring substantial investigative defense costs , including attorneys fees and further may be. subject i to the paymentlof damages to injured parties and Macy' s seeks indemnification for all such damages . Govt. Code Sec. 910.2 provides: "The claim signed by/ a claimant SEND NOTICES TO: (Attorney) or IV some person.4ori hi behalf. " Name and Address of Attorney A/Z Daniel M. Crawford, Esq. 'Claimant Signature Carroll , Burdick & McDonough f . Macy 's Cal fyornia One Ecker Bldg. , Suite 400 P. 0. ddr� 8 San Francisco, CA 94105 Box Telephone No. 415/495-0500 San Francisco, CA 94120 p Telephone No. 415/954-6014 Attn : William H. King, Vice Pres . NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for all-owance 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. " 3 . A Beechcraft Baron aircraft crashed into the roof of Sunvalley Shopping- Center, killing the pilot and passengers and injuring shoppers in the mall , among whom were Stephan Evangelista, Catherine Evangelista, Danielle Evangelista, Stephanie Evangelista and Justin Evangelista. The Evangelistas are claiming damages set forth in their complaint filed on April 1, 1986 , a copy of which is attached hereto as Exhibit A. .6 . Plaintiffs seek general damages , reimbursement of past and future medical care , attention and expenses , lost wages and income, cost of suit, prejudgment interest, emotional distress . See Exhibit A. Macy ' s claim is for complete and/ or partial indemnity of any recovery against Macy 's by the Evangelistas and other parties claiming damages due to the aircrash. f PAGE 1 . I WILLIAM G. LEWIS McCRAY & LEWIS 2 A Law Corporation O �� 433 Turk Street 3 San Francisco CA 94102 (415) 775-3900 APR - 4 1.R.MIN[Cauryly:;�crk Attorneys for Plaintiffs (I.:f ,; ,,,:,,, ,,;.;,, 5 EVANGELISTA FAMILY 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 11 STEPHAN EVANGELISTA, ) NO. 294590 CATHERINE EVANGELISTA, ) 12 DANIELLE , STEPHANIE and ) COMPLAINT FOR DAMAGES JUSTIN EVANGELISTA, ) 13 Minors By And Through ) Their Guardian Ad. Litem, ) 14 LOURDES EVANGELISTA, ) 15 Plaintiffs , ) ) 16 v. ) 11 SUN VALLEY SHOPPING CENTER, ) R.H. MACY, INC. , ESTATE OF ) 18 JAMES MOUNTAIN GRAHAM, ) ARK DISTRIBUTING COMPANY, ) 19 BEECH AIRCRAFT CORPORATION, ) TELEDYNE-CONTINENTAL COR- ) ; 20 PORATION, CITY OF CONCORD, ) COUNTY OF CONTRA COSTA, ) j 21 and DOES 1-200, Inclusive, ) 22 Defendants . ) 23 ) S 24 25 26 1 ' i I Plaintiffs allege: 2 FIRST CAUSE OF ACTION 3 (NEGLIGENCE) 4 5 1. Plaintiffs are ignorant of the true names and capacities of 6 Defendants DOES 1-200 and therefore sues said Defendants by such 7 fictitious names . Plaintiffs will amend .this complaint to allege 8 the true names and capacities of these Defendants when the same are 9 ascertained. Plaintiffs are informed and believe and thereon allege 10 that each fictitiously named Defendant is in some manner -legally 11 responsible for the Plaintiffs ' injuries as alleged in this 12 complaint. 13 2. At all times mentioned in this complaint each of the Defendants 14 including each of the DOE Defendants was the agent , servant , employ- 15 ee or otherwise acting in concert with each of the other Defendants 16 and was acting within the scope of such agency, service or employ- 17 went in doing the acts complained of in this action.' .18 3. Defendant SUN VALLEY SHOPPING CENTER (hereafter "SUN VALLEY") 19 is a business entity whose legal capacity is presently unknown. 20 SUN VALLEY owns , operates , maintains and controls a shopping mall in 21 the City of Concord, Contra Costa County, California. SUN VALLEY 22 rents and/or leases space within the shopping mall to various 23 businesses , including Defendant R.H. MACY, INC. 24 4. Defendant R.H. MACY, IINC. (hereafter "MACY") , is a corporation 25 licensed to do business in the State of California. MACY maintains 26 a department store in the SUN VALLEY Mall in Concord, California, 2 - 1 where it invites members of the general public to enter and purchase . 2 merchandise for MACY' s profit. 3 5 . Plaintiffs are informed and believe and thereon allege that the 4 Defendant ESTATE OF JAMES MOUNTAIN GRAHAM (hereafter "GR)UTAM") is 5 admitted to probate in the County of Alameda, California, and is the 6 legal entity responsible for settling the affairs of Decedent James 7 Mountain GRAHAM. GRAHAM was an owner and operator of a Beechcraft 8 Baron Aircraft, Model No. 95A-55, Registration No. N1494G, on 9 December 23, 1985. 10 6. Defendant ARK DISTRIBUTING COMPANY (hereafter "ARK".) is a busi- 11 ness entity whose capacity is unknown at this time. On December 23, 12 1985 , ARK was an owner and operator of a Beechcraft Baron Aircraft , 13 Model No. 95A-55 , Registration No. N1494G. 14 7. Defendant BEECH AIRCRAFT CORPORATION (hereafter "BEECH") is a 15 business entity whose capacity is unknown at this time. BEECH is 16 the manufacturer of the Beechcraft Baron Aircraft , Model No. 95A-55 , 17 Registration No. N1494G, operated and owned by GRAHAM and ARK on 18 December 23, 1985. 19 8. Defendant TELEDYNE-CONTINENTAL CORPORATION (hereafter "TELE- 20 DYNE") is a business entity whose capacity is unknown at this time. 21 TELEDYNE is the manufacturer of the engine in the Beechcraft Baron 22 Aircraft referred to above. 23 9. Defendant CITY OF CONCORD (hereafter "CONCORD") is a municipal . 24 corporation located in Contra Costa, California, and has municipal 25 authority over Buchanan Field Airport and SUN VALLEY Shopping Center 26 which are located within its municipal boundaries . - 3 - 1 10. Defendant COUNTY OF CONTRA COSTA (hereafter "CONTRA COSTA") is 2 a municipal corporation in which the City of CONCORD, California, 3 is located. CONTRA COSTA had municipal authority over Buchanan Field 4 Airport and SUN VALLEY Shopping Center which are located within its 5 municipal boundaries . 6 11 . Defendants DOES 1-50 are unknown architects , engineers , archi- 1 tectural firms , engineering firms and others who advised SUN VALLEY 8 and MACY to locate their businesses in close proximity to Buchanan 9 Field Airport and/or designed the buildings and structures located 10 thereon. 11 12. On or about December 23, 1935 , Defendants SUN VALLEY and DOES 12 1-25 so negligently and carelessly designed, owned, maintained, 13 operated, controlled, rented and leased the premises known as the 14 SUN VALLEY Mall in that the property was located within close proxi- 15 mity of Buchanan Field Airport. These Defendants knew or should 16 have known that locating such premises within such proximity would 17 create a forseeable. risk of harm to persons on and about_ the pre- i8 mises from planes taking off and landing at Buchanan Field Airport. 19 Such negligence was the proximate cause of the damages to Plaintiffs 20 described below. 21 13. On or about December 23, 1985 , Defendants MACY and DOES 26-50 22 so negligently and carelessly designed, owned, maintained, operated, 23 controlled, rented and leased the premises located within SUN VALLEY 24 Mall, CONCORD, California. These Defendants knew or should have 25 known that locating their business within a close proximity to 26 Buchanan Field Airport would create a forseeable risk oftharm to 4 - I • 1 1 persons on or about their premises from planes taking off and land- 2 ing at Buchanan Field Airport. Such negligence was the proxim.:. .e i 3 and legal cause of the damages to Plaintiffs described below. 4 14. On or about December 23, 1985 , James Mountain GPUAYU& 1 and 5 Defendant ARK Distributing Company so negligently and carelessly 6 owned, operated, maintained and controlled a Beechcraft Baron 7 Aircraft, Model No. 95A-55 , Registration No. N1494G, as to ca-Use the 8 aircraft to crash into MACY' s at SUN VALLEY Mall proximately •cansing 9 the damages to Plaintiffs described below. 10 15 . Defendant BEECH so negligently and carelessly designed_, m_ 11 factured, distributed, maintained and repaired a Beechcraft Baron 12 Aircraft, Model No. 95A-55 , Registration No. N1494G, so as to cause 13 the crash at SUN VALLEY Mall on December 23, 1985 . Said neglir.r� c.:: 14 was the proximate and legal cause of the injuries to Plaintiff. 15 described below. 16 16. Defendant TELEDYNE so negligently and carelessly designed, manu 17 factured, distributed, maintained and repaired the engine of the 18 Beechcraft Baron Aircraft referred to above so as to cause the crash 19 at SUN VALLEY Mall on .December 23, 1985 . Said negligence was .the 20 proximate and legal cause of the .injuries to Plaintiffs described 21 below. 22 17. Defendants DOES 51-75 . so negligently and carelessly maintained 23 and repaired that certain Beechcraft Baron Aircraft referred to 24 above as to proximately cause it to,. crash into SUN VALLEY Mall on i 25 December 23, 1985. Such negligence was the proximate cause of the 26 damages to Plaintiffs described below. 5 - 1 18. As a proximate 'result of the negligence of Defendants and each 2 of them, Plaintiffs have required medical care and attention and 3 will require medical care and attention in the future all to their 4 damage in a sum not yet know. Plaintiffs will amend this complaint 5 to state the true amount of such damages when the same have been 6 ascertained. 7 19 . As a further and proximate result of the negligence and care- 8 lessness of Defendants and each of them, Plaintiffs have been 9 generally damaged in an -amount in excess of the jurisdictional 10 minimum of this Court . 11 20 . As a further and proximate result of the negligence of Defen- 12 dants and each of them, Plaintiffs STEPHAN and CATHERINE EVANGELISTA 13 were unable to attend to their usual occupations and employment and 14 will be unable to attend to their usual occupations and employment 15 in the future all to their damages in a sun not yet known. Plain- 16 tiffs will amend this complaint to allege the true amount of said 17 damages when the same are ascertained. 18 Wherefore Plaintiffs pray for damages as set forth below. 19 SECOND "CAUSE OF ACTION 20 (PRODUCTS LIABILITY) 21 22 21. Plaintiffs reallege and incorporate by this reference as though 23 set forth at length each and every allegation contained in para- 24 graphs 1-20 of the First Cause of Action. 25 22 . - Defendant BEECH was at all times mentioned in this complaint 26 in the business of designing, manufacturing, assembling and selling - 6 - 1 aircrafts for use by members of the general public. 2 23. Defendant TELEDYNE was at all times herein mentioned in the 3 business of designing, manufacturing, assembling and selling engines 4 for use in Beechcraft Baron Aircraft for use by members of the 5 general public. 6. 24. Defendant BEECH defectively designed, manufactured and assembl- 7 ed that Beechcraft Baron Aircraft , Model No. 95A-55 , Registration 8 No. N1494G, that crashed into the SUN VALLEY Mall on December 23, 9 1985. 10 25. Defendant TELEDYNE defectively designed, manufactured and 11 assembled the engines in the Beechcraft Baron Aircraft referred to 12 above that crashed into the SUN VALLEY Mall on December 23, 1985 . 13 26. As a proximate result of the defective design, manufacture and . 14 assembly of the Beechcraft Baron Aircraft and its engines mentioned 15 above, the aircraft crashed into the SUN VALLEY Mall on December 23 , 16 1985 , proximately causing the damages to Plaintiffs alleged in the 17 First Cause of Action. 18 Wherefore Plaintiffs pray damages as set forth below. 19 20 THIRD CAUSE OF ACTION 21 (NEGLIGENT INFLICTION OF EMOITONAL DISTRESS) 22 27. Plaintiffs real1 ege and incorporate by this reference as though 23 set forth at length each and every allegation contained in Para.- 24 ara-24 graphs 1-20 of the First Cause of Action. 25 28, r On or about December 23, 1985 , Plaintiffs CATHERINE EVANGELISTA 26 DANIELLE EVANGELISTA, STEPHANIE EVANGELISTA and JUSTIN EVANGELISTA 7 - I were on the premises of Defendants MACY and SU'N VALLEY Shopping 2 Center. . 3 29 . Immediately prior to the accident Plaintiff CATHERINE EVANGE- 4 LISTA, the natural mother of Plaintiffs STEPHANIE, DANIELLE and 5 JUSTIN EVANGELISTA, and JUSTIN EVANGELISTA, the natural brother of 6 STEPAHNIE and DANIELLE , became separated from STEPHANIE and DANIELLE 7 30. Immediately after the crash, Plaintiffs CATHERINE and JUSTIN 8 EVANGELISTA observed an explosion, smoke , fire and flames in the 9 immediate vicinity of where DANIELLE and STEPHANIE had last -been 10 seen. 11 31. The conflagration and the confusion of terrified shoppers 12 fleeing the building prevented CATHERINE and JUSTIN from returning 13 to the area where STEPHANIE and DANIELLE had last been seen. 14 32. CATHERINE and JUSTIN knew that STEPMIIE and DPITIELLE had been 15 severely injured in the accident but were unable to locate them 16 amid the smoke and flames and general confusion. 17 33. CATHERINE and JUSTIN were subsequently reunited with STEPHANIE 18 and DANIELLE at the hospitals to which the latter were taken for 19 treatment of serious .burn injuries . 20 34. As a proximate result of the negligence •oi Defendants and each 21 of t`iem Plaintiffs suffered shock, fright, anxiety and severe 22 emotional distress upon the sensory and contemporaneous observation 23 of the accident all to their damage in an amount to be proven at 24 the trial of the action . 25 - Wherefore Plaintiffs pray for damages as set forth below. 26 8 - 1 FOURTH CAUSE OF ACTION 2 (MUNICIPAL LIABILITY) 3 4 35 . Plaintiffs reallege and incorporate herein as though set forth at length each and every allegation contained in Paragraphs 1-20 of 5 their First Cause of Action. 6 7 36 . Plaintiffs have filed timely claims against Defendants CONCORD 8 and CONTRA COSTA and said claims have been rejected. 37 . Defendant SUN VALLEY is and at all times mentioned in this 9 complaint was located within a forseeable zone of danger from air- 10 craft flying into and out of Buchanan Field Airport. 11 38. Defendants CONCORD and CONTRA COSTA knew or should have known j 12 13 that permitting Buchanan Field Airport and SUN VALLEY to conduct 14 their respective operations within such close proximity to each 15 other would create an unreasonable risk of harm to patrons and 16 others on or in the vicinity of SUN VALLEY Shopping Mall. 17 39 . Said municipal Defendants so negligently permitted the design, 18 planning, construction, maintenance and operation of SUIN VALLEY and 19 Buchanan Field Airport in such close proximity to each other as to 20 proximately cause the crash at SUN VALLEY on December 23, 1985. 21 40 . Said negligence of the municipal Defendants was the proximate 22 cause of the injuries to Plaintiffs complained of herein. 23 24 25 26 - 9 I Wherefore Plaintiffs pray for damages as follows : 2 1.' For general - damages according to proof presented 3 at trial ; 4 2. For special damages for medical care and expenses and 5 lost earnings according to proof presented at trial; 6 3. For costs of suit ; 7 4. For prejudgment interest pursuant to Civil Code 8 Section 3291; and 9 5. For such other and further relief as this Court 10 deems just and proper. 11 12 Dated: March 27 , 1986 Respectfully submitted, 13 McCRAY & LEWIS A Law Corporation 14 15 By• 16 WILLIAM G. LEWA 17 Attorneys for Plaintiffs EVANGELISTA FAMILY 18 19 20 21 22 23 24 25 26 10 - t1ALY 'S SUh VALLEY MALL GKASH - •Arbelaez, Deanna Armsden, Vincent M. Bonella, Jina Borque, Joseph t Camcan, Ann Church, Larry Conner, Brian Crouch, Jonathan L. Davis, Kathy Doty, Margaret Dunn, Dayle Elliott, Vern Eros, Charlotte Evangelista, Danielle Evangelista, Stephanie Evans, Diane Glinndon, Davis Graham, James Grehl, Wayne Guadagni , Wendy Hamilton, Lynn Hove, Timothy Jacobsen, James Jacobus, Brett Jamash, Aaron Jamash, Fatima Johnson, Anthony YIACY'S SUN VALLEY MALL CRASH - Kaify, Mohamed Lang, Richard Larsen, Pat Lewis, Mack t Lodge, Christina. Lodge, Cindy Lodge, Gary Lodge, Julie Ann Lucchese, Nancy Lucchese, Peter Lui, Kenneth Lui , Kenneth Lui, Virginia Luong, Alexander Maderos, Kim Molina, Marial Murray, James Oliver, Brian On, Ann Patterson, Merle Pellegrina , Gian Ploughman, Janet Plowman, Clorene Pruett, Richardson, James Roberson, Kenneth Rodreguez, David MACY'S SUN VALLEY MALL CRASH - r . � Sad'er, Kelly Sadler, Pamela Sadler, Sabrina Santos, Edward Seiffert, Gregory Sellars, Patricia Shah, Chandra Shah, Chandrika Shaw, Kunjavadan Sheppie, Ruth Shiehan, William Sodaro, Susan Stanford, Pam Stratton, Shannon Suzuki, Kenji Taylor, Nora Thompson, Heather Tillmany, FNU Trice, Jarrod .Trice, Susan Wagner, Timothy Wells, Allan White, Carolyn Widdrick, Robert Wilson, Michael Wood, Timothy Woodson, Matthew "----C L-A I M--_ BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AND AS GOVERNING BOARD OF THE CPNSOLIDATED FIRE DISTRICT BOARD ACTION Claim Agains.'i the County, or District governed by the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 2 2 , 1 9 8 6 and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), Amount: Unspecified given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". CLAIMANT: MACY' S CALIFORNIA county Counsel ATTORNEY: Daniel M. Crawford, Esq . JUL 0 81986 Carroll, Burdick & McDonough , ' ADDRESS: One Ecker Bldg. , Suite 400 Date received 3 �a'{9� CA'M S Jul San Francisco, CA 94105 BY DELIVERY TO CLERK ON: S' BY MAIL POSTMARKED: not legible 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK DATED: July 7 , 1986 BY: Deputy L.haii I1. FROM: County Counsel TO: Clerk of the Board of Supervisors (x) This claim complies substantially with Sections 910 and 910.2 ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The 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: G9 EC, By: eputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present AS'/Q/h6AtLl�rj (x) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order t ed in its minutes for this date. Dated: JUL. 2 2 1986 PHIL BATCHELOR, Clerk, By _�kL Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personallylterved 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. CC: Claimant County Counsel County Administrator SPEED MESSAGE . r To Clerk, Board of FROM CARROLL, BURDICK & McDONOUGH Supervisors Contra Costa County ONE ECKER BUILDING, SUITE 400 -- 651 Pine St. , #106 SAN FRANCISCO, CALIFORNIA 94105 Martinez , CA 94553 SUBJECT Macy's Claims TELEPHONE: (415) 495-0500 DATE -7/2.1 198.6- Enclosed please find Amended Claims ' the County of Contra Consolidated Fire co Thank o SIGNED Carol Roskellev I - t i TO: BOARD OF SUPERVISORS OF CONTRA CO*T_ArR9W9Xapp11cation to: Instructions to ClaimantC!erk of the Board 46,1,00"' t .S,'y Martinez,California 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the -cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name .of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: AMENDED CLAIM by )Reserved for Clerk's filing stamps Macy's California ) ) RECEIVED Against the COUNTY- OF CONTRA COSTA) JUL 19$6 or CONSOLIDATED FIRE DISTRICT) �T . Loa (Fillin name ) �� T 0 uPER C , sy '. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ undetermined at this time. and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour] December 23, 1985 , at approximately 8 .30 p.m. Macy' s served with lawsuit by Evangelistas on April 21 , 1986 , and Macy' s cause of _ action for indemnity_arose on_that_datea______ ------- -------- --------------------- �. Where did the damage or. injury occur? (Include city and county) Sunvalley Shopping Center, City of Concord, County of Contra Costa. 3'. How did the damage or injury occur? (Give full details, use extra sheets if required) See attached Page 1 . -------------T--------------------------------------------------- -- ----- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? The county, the district and its servants and employees negligently constructed, maintained, operated and/or managed Buchanan Field Airport and other public property. The said county, district and its employees and servants are liable in strict liability for maintaining, operating and/or managing the airport and other (over) public property in its dangerous and defective condition. 5. What are the names of county or district officers, servants ori employees causing the damage or injury? ' Unknown at this time ---=---------g-----:- ---------y-----------------;-- ------------------- 6. What dama a or in uries do ou claim resulted. Idive full extent of injuries or damages claimed. Attach two estimates for auto damage) See attached Page 1. ----------------------------------------------------------------------=-- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) This is a claim for total indemnity . The amount of damages will be determined by the injured parties ' recovery against this claimant. ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. See attached Exhibit B. Investigation is continuing with regard to any potential witnesses . The Consolidated First District and Concord Police Department reports convering the accident list potential witnesses . ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE - - ITEM AMOUNT . Macy';s has incurred and is incurring substantial investigative defense costs`, 'including attorneys fees and further may be. subject to the paymentof damages to injured parties and Macy 's seeks indemnification for all such damages . -- ...... ' Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by so�met person qp h' ehalf. " Name and Address of Attorney Daniel M. Crawford, Esq. Claimantignatur Carroll, Burdick & McDonough f Macy ' s Cali' rnia One Ecker Bldg. , Suite 400 P . 0. B drox y/ 8 San Francisco, CA 94105 Telephone No. 415/495-0500 San Francisco, A 94120 p Telephone No. 415/954-6014 Attn: William H. King, Vice Pres . 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. " 3 . A Beechcraft Baron aircraft crashed into the roof of Sunvalley Shopping Center, killing the pilot and passengers and injuring shoppers in the mall , among whom were Stephan Evangelista, Catherine Evangelista, Danielle Evangelista, Stephanie Evangelista and Justin Evangelista. The Evangelistas are claiming damages set forth in their complaint filed on April 1, 1986 , a copy of which is attached hereto as Exhibit A. 6 . Plaintiffs seek general damages , reimbursement of past and future medical care , attention and expenses , lost wages and income, cost of suit, prejudgment interest, emotional distress . See Exhibit A. Macy 's claim is for complete and/ or partial indemnity of any recovery against Macy' s by the Evangelistas and other parties claiming damages due to the aircrash. The accident out of which the claim arose occurred on December 23, 1985 . The cause of action for indemnity arose on April 21 , 1986 , when Macy ' s was served with the lawsuit filed by the Evangelistas . PAGE . l . • 1 WILLIAM G. LEWIS McCRAY & LEWIS 0 2 A Law Corporation D 433 Turk Street 3 San Francisco, CA 94102 APR (415) 775-3900 - 1 198n 4 OLSSOH,County cluk Attorneys for Plaintiffs �t•;:,,, t,,,,,,t,,�;,,..,, 5 EVANGELISTA FAMILY n" -�- I IN�i,lU 1.Lu Ui,v„ . 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 11 STEPHAN EVANGELISTA, ) NO. 284590 CATHERINE EVANGELISTA., ) 12 DANIELLE , STEPHA11IE and ) COMPLAINT FOR DAMAGES JUSTIN EVANGELISTA, ) 13 Minors By And Through ) Their Guardian Ad. Litem, ) 14 LOURDES EVANGELISTA, ) 15 Plaintiffs , ) 16 v. ) 17 SUN VALLEY SHOPPING CENTER, ) R.H. MACY, INC. , ESTATE OF ) 18 JAMES MOUNTAIN GRAHAM, ) ARK DISTRIBUTING COMPANY, ) 19 BEECH AIRCRAFT CORPORATION, ) TELEDYNE-CONTINENTAL COR- ) 20 PORATION, CITY OF CONCORD, ) COUNTY OF CONTRA COSTA, ) 21 and DOES 1-200, Inclusive, ) 22 Defendants . ) 23 24 25 26 1 Plaintiffs allege: 2 FIRST CAUSE OF ACTION 3 (NEGLIGENCE) 4 5 1. Plaintiffs are ignorant of the true names and capacities of 6 Defendants DOES 1-200 and therefore sues said Defendants by such 7 fictitious names . Plaintiffs will amend this complaint to allege 8 the true names and capacities of these Defendants when the same are 9 ascertained. Plaintiffs are informed and believe and thereon allege 10 that each fictitiously named Defendant is in some manner. legally 11 responsible for the Plaintiffs ' injuries as alleged in this 12 complaint. 13 2. At all times mentioned in this complaint each of the Defendants 14 including each of the DOE Defendants was the agent , servant , employ- 15 ee or otherwise acting in concert with each of the other Defendants 16 and was acting within the scope of. such agency, service or employ- 17 ment in doing the acts complained of in this action. 18 3. Defendant SUN VALLEY SHOPPING CENTER (hereafter "SUN VALLEY") 19 is a business entity whose legal capacity is presently unknown. 20 SUN VALLEY owns , operates , maintains and controls a shopping mall in 21 the City of Concord, Contra Costa County, California. SUN VALLEY 22 rents and/or leases space within the shopping IDall to various 23 businesses , including Defendant R.H. MACY, INC. 24 4. Defendant R.H. MACY, INC. (hereafter "MACY") , is a corporation 25 licensed to do business in the State of California. MACY maintains 26 a department store in the SUN VALLEY Mall in Concord, California, 2 - 1 where it invites members of the general public to enter and purchase 2 merchandise for MACY' s profit. 3 5 . Plaintiffs are informed and believe and thereon allege that the 4 Defendant ESTATE OF JAMES MOUNTAIN GRAHAM (hereafter "GRAHAM") is 5 admitted to probate in the' County of Alameda, California, and is the 6 legal entity responsible for settling the affairs of Decedent James 7 Mountain GRAHAM. GRAHAM was an owner and operator of a Beechcraft 8 Baron Aircraft, Model No. 95A-55, Registration No. N1494G, on 9 December 23, 1985. 10 6. Defendant ARK DISTRIBUTING COMPANY (hereafter "ARK".) is a busi- 11 ness entity whose capacity is unknown at this time. On December 23, 12 1985 , ARK was an owner and operator of a Beechcraft Baron Aircraft, 13 Model No. 95A-55 , Registration No . N1494G. 14 7. Defendant BEECH AIRCRAFT CORPORATION (hereafter "BEECH") is a 15 business entity whose capacity is unknown at this time. BEECH is 16 the manufacturer of the Beechcraft. Baron Aircraft , Model No. 95A-55, 17 Registration No. N1494G, operated and owned by GRAHAM and ARK on 18 December 23, 1985 . 19 8. Defendant TELEDYNE-CONTINENTAL CORPORATION (hereafter "TELE- 20 DYNE") is a business entity whose capacity is unknown at this time. 21 TELEDYNE is the manufacturer of the engine in the Beechcraft Baron 22 Aircraft referred to above. 23 9. Defendant CITY OF CONCORD (hereafter "CONCORD") is a municipal 24 corporation located in .Contra Costa,. California, and has municipal 25 authority over Buchanan Field Airport and SUN VALLEY Shopping Center 26 which are located within its municipal , boundaries . 3 - 1 10 . Defendant COUNTY OF CONTRA COSTA (hereafter "CONTRA COSTA") is 2 a municipal corporation in which the City of CONCORD, California, 3 is located. CONTRA COSTA had municipal authority over Buchanan Field 4 Airport and SUN VALLEY . Shop ping Center which are located within its 5 municipal boundaries . 6 11 . Defendants DOES 1-50 are unknown architects , engineers , archi- 7 tectural firms , engineering firms and others who advised SUN VALLEY 8 and MACY to locate their businesses in close proximity to Buchanan 9 Field Airport and/or designed the buildings and structures located 10 thereon. 11 12. On or about December 23, 1935 , Defendants SUN VALLEY and DOES 12 1-25 so negligently and carelessly designed, owned, maintained, . 13 operated, controlled, rented and leased the premises known as the 14 SUN VALLEY Mall in that the property was located within close proxi- 15 mity of Buchanan Field Airport. These Defendants knew or should 16 have known that locating such premises within such proximity would 17 create a forseeable risk of harm to persons on and about the pre- 18 mises from planes taking off and landing at Buchanan Field Airport. 19 Such negligence was the proximate cause of the damages to Plaintiffs 20 described below. 21 13. On or about December 23, 1985, Defendants MACY and DOES 26-50 22 so negligently and carelessly designed, owned, maintained, operated, 23 controlled, rented and leased the premises located within SUN VALLEY 24 Mall, CONCORD, California: These Defendants knew or should have 25 known that locating their business within a close proximity to 26 Buchanan Field Airport would create a forseeable risk of harm to 4 - 1 persons on or about their premises from planes taking off and land- . 2 ing at Buchanan Field Airport. Such negligence was the proximate 3 and legal cause of the damages to Plaintiffs described below. 4 14. On or about December 23, 1985 , James Mountain GRAHAM and 5 Defendant ARK Distributing Company so negligently and carelessly 6 owned, operated, maintained and controlled a Beechcraft Baron 7 Aircraft , Model No. 95A-55 , Registration No. N1494G, as to cause the 8 aircraft to crash into MACY' s at SUN VALLEY Mall proximately causing 9 the damages to Plaintiffs described below. 10 15. Defendant BEECH so negligently and carelessly designed, manu- 11 factured, distributed, maintained and repaired a Beechcraft Baron 12 Aircraft, Model No. 95A-55 , Registration No. N1494G, so as to cause 13 the crash at SUN VALLEY Mall on December 23, 1985 . Said negligence 14 was the proximate and legal cause of the injuries to Plaintiffs 15 described below. 16 16. Defendant TELEDYNE so negligently and carelessly designed, manu 17 factured, distributed, maintained and repaired the engine of the 18 Beechcraft Baron Aircraft referred to above so as to cause the crash 19 at SUN VALLEY Mall on .December 23, 1985. Said negligence was the 20 proximate and legal cause of the injuries to 'Plaintiffs described 21 below. 22 17. Defendants DOES 51-75 so negligently and carelessly maintained 23 and repaired that certain Beechcraft Baron Aircraft referred to 24 above as to proximately cause it to crash into SUN VALLEY Mall on 25 December 23, 1985. Such negligence was the proximate cause of the 26 damages to Plaintiffs described below. 5 - 1 18. As a proximate result of the negligence of Defendants and each 2 of them, Plaintiffs have required medical care and attention and 3 will require medical care and attention in the future all to their 4 damage in a sum not yet know. Plaintiffs will amend this complaint 5 to state the true amount of such damages when the same have been 6 ascertained. 7 19 . As a further and proximate result of the negligence and care- 8 lessness of Defendants and each of them, . Plaintiffs have been 9 generally damaged in an amount in excess of the jurisdictional 10 minimum of this Court . 11 20 . As a further and proximate result of the negligence of Defen- 12 dants and' each of them, Plaintiffs STEPHAN and CATHERINE EVANGELISTA 13 were unable to attend to their usual occupations and employment and 14 will be unable to attend to their usual occupations and employment 15 in the future all to their damages in a sum not yet known. Plain- 16 tiffs will amend this complaint to allege the true amount of said 17 damages when the same are ascertained. 18 Wherefore Plaintiffs pray for damages as set forth below. 19 SECOND CAUSE OF ACTION 20 (PRODUCTS LIABILITY) 21 22 21. Plaintiffs reallege and incorporate by this reference as though 23 set forth at length each and every allegation contained in para- 24 graphs 1-20 of the First Cause of Action. 25 22 . r Defendant BEECH was at all times mentioned in this complaint 26 in the business of designing, manufacturing, assembling and selling 6 - i 1 aircrafts for use by members of the general public. 2 23. Defendant TELEDYNE was at all times herein mentioned in the 3 business of designing, manufacturing, assembling and selling engines 4 for use in Beechcraft Baron Aircraft for use by members of the 5 general public. 6 24. Defendant BEECH defectively designed, manufactured and assembl- 7 ed that Beechcraft Baron Aircraft , Model No. 95A-55 , Registration 8 No. N1494G, that crashed into the SUIN VALLEY Mall on December 23, 9 19 85. 10 25 . Defendant TELEDY14E defectively designed, manufactured and 11 assembled the engines in the Beechcraft Baron Aircraft referred to 12 above that crashed into the SUN VALLEY Mall on December 23, 1985. 13 26. As a proximate result of the defective design, manufacture and 14 assembly of the Beechcraft Baron Aircraft and its engines mentioned 15 above, the aircraft crashed into the SUI1 VALLEY Mall on December 23 , 16 1985 , proximately causing the damages to Plaintiffs alleged in the 17 First Cause of Action. 18 Wherefore Plaintiffs pray damages as set forth below. 19 THIRD CAUSE OF ACTION 20 21 (NEGLIGENT INFLICTION OF EMOITONAL DISTRESS) 22 27. Plaintiffs reallege and incorporate by this reference as though 23 set forth at length each and every allegation contained in Para.- 24 ara-24 graphs 1-20 of the First Cause of Action. 25 28. + On or about December 23, 1985 , Plaintiffs CATHERINE EVANGELISTA 26 DANIELLE EVANGELISTA, STEPHANIE EVANGELISTA and JUSTIN EVANGELISTA 7 - 1 were on the premises of Defendants MACY and SUN VALLEY Shopping 2 Center. . 3 29 . Immediately prior to the accident Plaintiff CATHERINE EVANGE- 4 LISTA, the natural mother of Plaintiffs STEPHANIE, DANIELLE and 5 JUSTIN EVANGELISTA, and JUSTIN EVANGELISTA, the natural brother of 6 STEPAHNIE and DANIELLE , became separated from STEPHANIE and DANIELLE. 7 30. Immediately after the crash, Plaintiffs CATHERINE and JUSTIN 8 EVANGELISTA observed an explosion, smoke, fire and flames in the 9 immediate vicinity of where DANIELLE and STEPHANIE had last been 10 seen. 11 31. The conflagration and the confusion of terrified shoppers 12 fleeing the building prevented CATHERINE and JUSTIN from returning 13 to the area where STEPHANIE and DANIELLE had last been seen. 14 32. CATHERINE and JUSTIN knew that STEPHANIE and DANIELLE had been 15 severely injured in the accident but were unable to locate them 16 amid the smoke and flames and general confusion. 17 33. CATHERINE and JUSTIN were subsequently reunited with STEPHANIE 18 and DANIELLE at the hospitals to which the latter were taken for 19 treatment of serious .burn injuries . 20 34. As a proximate result of the negligence *of Defendants and each 21 of them Plaintiffs suffered shock, fright, anxiety and severe 22 emotional distress upon the sensory and contemporaneous observation 23 of the accident all to their damage in an amount to be proven at 24 the trial of the action. 25 - Wherefore Plaintiffs pray for damages as set forth below. 26 8 - e 1 FOURTH CAUSE .OF ACTION 2 (MMUCIPAL LIABILITY) 3 35. Plaintiffs reallege and incorporate herein as though set forth 4 S at length each and every allegation contained in Paragraphs 1-20 of their First Cause of Action. - 6 36. Plaintiffs have filed timely claims against Defendants CONCORD 7 and CONTRA COSTA and said claims have been rejected. 8 37. Defendant SUN VALLEY is and at all times mentioned in this 9 10 complaint was located within a forseeable zone of danger from air- 11 craft flying into and out of Buchanan Field Airport. 38. Defendants CONCORD and CONTRA COSTA knew or should have known 12 that permitting Buchanan Field Airport and SUN VALLEY to conduct 13 their respective operations within such close proximity to each 14 15 other would create an unreasonable risk of harm to patrons and others on or in the vicinity of SUN VALLEY Shopping Mall. 16 39 . Said municipal Defendants so negligently permitted the design, 17 18 planning, construction, maintenance and operation of SUN VALLEY and 19 Buchanan Field Airport in such close proximity to each other as to 20 proximately cause the crash at SUN VALLEY on December 23, 1985. 40 . Said negligence of the municipal Defendants was the proximate 21 22 cause of the injuries to Plaintiffs .complained of herein. 23 24 I l l l 25 26 9 - 1 Wherefore Plaintiffs pray for damages as follows : 2 1. For general damages according to proof presented 3 at trial; 4 2. For special damages for medical care and expenses and 5 lost earnings according to proof presented at trial; 6 3. For costs of suit; 7 4. For prejudgment interest pursuant to Civil Code 8 Section 3291 ; and 9 5. For such other and further relief as this Court 10 deems just and proper. 11 12 Dated: March 27 , 1986 Respectfully submitted, 13 McCRAY & LEWIS A Law Corporation 14 15 " By: f 16 WILLIAM G. L 17 Attorneys for Plaintiffs EVA14GELISTA FAMILY 18 19 20 21 22 23 24 25 26 10 - MAY'S SUN VALLEY MALL CRASH - • Arbelaez, Deanna Armsden, Vincent M. Bonella, Jina Borque, Joseph 1 Camcan, Ann Church, Larry Conner, Brian Crouch, Jonathan L. Davis, Kathy Doty, Margaret Duna, Dayle Elliott, Vern Eros, Charlotte Evangelista, Danielle Evangelista, Stephanie Evans, Diane Glinndon, Davis Graham, James Grehl, Wayne , Guadagni, Wendy Hamilton, Lynn Howe, Timothy Jacobsen, James Jacobus, Brett Jamash, .Aaron Jamash, Fatima Johnson, Anthony • � MACY'S SUN VALLEY MALL CRASH - Kaify; Mohamed Lang, Richard Larsen, Pat Lewis, Mack t Lodge, Christina Lodge, Cindy Lodge, Gary Lodge, Julie Ann Lucchese, Nancy Lucchese, Peter Lui, Kenneth Lui, Kenneth Lui, Virginia Luong, Alexander Maderos, Kim Molina, Marial Murray, James Oliver, Brian On, Ann ` Patterson, Merle Pellegrina, Gian Ploughman, Janet Plowman, Clorene Pruett, Richardson, James Roberson, Kenneth Rodreguez, David MACY'S SUN VALLEY MALL CRASH - • Sadler, Kelly Sadler, Pamela Sadler, Sabrina Santos, Edward Seiffert, Gregory Sellars , Patricia Shah, Chandra Shah, Chandrika Shaw, Kunjavadan Sheppie, Ruth Shiehan, William Sodaro, Susan Stanford, Pam Stratton, Shannon Suzuki, Kenji Taylor, Nora Thompson, Heather Tillmany, FNU Trice, Jarrod Trice, Susan Wagner, Timothy . Wells, Allan White, Carolyn Widdrick, Robert Wilson, Michael Wood, Timothy Woodson, Matthew XL&J. TO: BOARD OF SUPERVISORS OF CONTRA CO§* ' Yapplication to: • Instructions to ClaimantC!erk of the Board Martinez.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. 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 Macy ' s California F14" AMID RECEIVED Against the COUNTY OF CONTRA COSTA) JUN�Y19886 or CONSOLIDATED FIRE DISTRICT) _ Lpq (Filln name ) rx T c T� low The undersigned claimant hereby makes claim against the County o Jontra Costa or the above-named District in the sum of $ undetermined at this time . and in support of this claim represents as follows: l. When did the damage or injury occur? (Give exact date and hour] December 23 , 1985 , at approximately 8 :30 p.m. ---------------- ------------------------ Where did the damage or injury occur? (Include city and county) Sunvalley Shopping Center, City of Concord, County of Contra Costa. 3. How did the damage or injury occur? (Give �u�� details, use extra sheets if required) See attached Page 1 . 4. -what particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? The county, the district and its servants and employees negligently constructed, maintained, operated and/or managed Buchanan Field Airport and other public property. The said county, district and its employees and servants are liable in strict liability for maintaining, operating and/or managing the airport and other (over) public property in its dangerous and defective condition. 5. What are the names of county or. district officers, servants or— employees causing the damage or injury? Unknown at this time --=----------------s----r----------------------- --- -------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) See attached Page 1 . 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) This is a claim for total indemnity . The amount of damages will be determined by the injured parties ' recovery against this claimant. ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. See attached Exhibit B . Investigation is continuing with regard to any potential witnesses . The Consolidated First District and Concord Police Department reports convering the accident list potential witnesses . ------------------------;-----------------------------------------r--r---- 9. List ..the-.-expenditures you made on account of this accident or injury: i DATE ITEM AMOUNT j Macys' s has incurred and is incurring substantial investigative defense costs , including attorneys fees and further may be. subject to the payment of damages to injured parties and Macy' s seeks ;. indemnification for all such damages . Govt. Code Sec. 910.2 provides: "The claim signed by tJw.,claimant SEND NOTICES TO: (Attorney) orb some person o is behalf. " Name and Address of Attorney Daniel M. Crawforc , Esq. Claimant ture Carroll , Burdick & McDonough fo Macy 's Cal f nia One Ecker Bldg. , Suite 400 Addrg San Francisco, CA 94105 P. 0. Box � Telephone No. 415/495-0500 San Tele hone Francisco, CA 94120 P 415/954-6014 Attn : William H. King, Vice Pres . 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. " i 3 . A Beechcraft Baron aircraft crashed into the roof of Sunvalley Shopping Center, killing the pilot and passengers and injuring shoppers in the mall , among whom were Stephan Evangelista, Catherine Evangelista, Danielle Evangelista, Stephanie Evangelista and Justin Evangelista. The Evangelistas are claiming damages set forth in their complaint filed on April 1, 1986 , a copy of which is attached hereto as Exhibit A. 6 . Plaintiffs seek general damages, reimbursement of past and future medical care, attention and expenses , lost wages and income, cost of suit, prejudgment interest, emotional distress . See Exhibit A. Macy ' s claim is for complete and/ or partial indemnity of any recovery against Macy's by the Evangelistas and other parties claiming damages due to the aircrash. PAGE 1 . 1 WILLIAM G. LEWIS McCRAY & LEWIS O 2 A Law Corporation D 433 Turk Street 3 San Francisco, CA 94102 APR (415) 775-3900 11986 4 1.R OLSS�ti,Colnty C!crk Attorneys for Plaintiffs (1114Ito co;I,%(,,,:N:py 5 EVANGELISTA FAMILY ----- IN%l:UILLu 6 .- 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 111 AND FOR THE COUNTY OF CONTRA COSTA 10 11 STEPHAN EVANGELISTA, ) NO. 284590 CATHERINE EVANGELISTA, ) 12 DANIELLE , STEPHANIE and ) COMPLAINT FOR DAMAGES JUSTIN EVANGELISTA, ) 13 Minors By And Through ) Their Guardian Ad. Litem, ) 14 LOURDES EVANGELISTA, ) 15 Plaintiffs , ) 16 v. ) 17 SUN VALLEY SHOPPING CENTER, ) R.H. MACY, INC. , ESTATE OF ) 18 JAMES MOUNTAIN GRAHAM, ) ARK DISTRIBUTING COMPANY, ) 19 BEECH AIRCRAFT CORPORATION, ) TELEDYNE-CONTINENTAL COR- ) 20 PORATION, CITY OF CONCORD, ) COUNTY OF CONTRA COSTA, ) 21 and DOES 1-200, Inclusive, ) 22 Defendants . ) 23 24 25 26 1 Plaintiffs allege: 2 FIRST CAUSE OF ACTION 3 (NEGLIGENCE) 4 5 1. Plaintiffs are ignorant of the true names and capacities of 6 Defendants DOES 1-200 and therefore sues said Defendants by such 7 fictitious names . Plaintiffs will amend this complaint to allege 8 the true names and capacities of these Defendants when the same are 9 ascertained. Plaintiffs are informed and believe and thereon allege 10 that each fictitiously named Defendant is in some manner legally 11 responsible for the Plaintiffs ' injuries as alleged in this 12 complaint . 13 2. At all times mentioned in this complaint each of the Defendants 14 including each of the DOE Defendants was the agent , servant , employ- 15 ee or otherwise acting in concert with each of the other Defendants 16 and was acting within the scope of such agency, service or employ- 17 ment in doing the acts complained of in this action. 18 3. Defendant SUN VALLEY SHOPPING CENTER (hereafter "SUN VALLEY") 19 is a business entity whose legal capacity is presently unknown. 20 SUN VALLEY owns , operates , maintains and controls a shopping mall in 21 the City of Concord, Contra Costa County, California. SUN VALLEY 22 rents and/or leases space within the shopping mall to various 23 businesses , including Defendant R.H. MACY, INC. 24 4. Defendant R.H. MACY, INC. (hereafter "MACY") , is a corporation 25 licensed to do business in the State of California. MACY maintains 26 a department store in the SUN VALLEY Mall in Concord, California, 2 - 1 where it invites members of the general public to enter and purchase 2 merchandise for MACY' s profit. 3 5. Plaintiffs are informed and believe and thereon allege that the 4 Defendant ESTATE OF JAMES MOUNTAIN GRAHAM (hereafter "GP.AHAM") is 5 admitted to probate in the County of Alameda, California, and is the 6 legal entity responsible for settling the affairs of Decedent James 7 Mountain GRAHAM. GRAHAM was an owner and operator of a Beechcraft 8 Baron Aircraft , Model No. 95A-55 , Registration No. N1494G, on 9 December 23, 1985. 10 6. Defendant ARK DISTRIBUTING COMPANY (hereafter "ARK") is a busi- 11 ness entity whose capacity is unknown at this time. On December 23, 12 1985 , ARK was an owner and operator of a Beechcraft Baron Aircraft, 13 Model No . 95A-55 , Registration No . N1494G. 14 7 . Defendant BEECH AIRCRAFT CORPORATION (hereafter "BEECH") is a 15 business entity whose capacity is unknown at this time. BEECH is 16 the manufacturer of the Beechcraft. Baron Aircraft , Model No. 95A-55 , 17 Registration No. N1494G, operated and owned by GRAHAM and ARK on 18 December 23, 1985. 19 8. Defendant TELEDYNE-CONTINENTAL CORPORATION (hereafter "TELE- 20 DYNE") is a business entity whose capacity is unknown at this time. 21 TELEDYNE is the manufacturer of the engine in the Beechcraft Baron 22 Aircraft referred to above. 23 9 . Defendant CITY OF CONCORD (hereafter "CONCORD") is a municipal 24 corporation located in Contra Costa, California, and has municipal 25 authority over Buchanan Field Airport and SUtd VALLEY Shopping Center 26 which are located within its municipal boundaries . 3 - 1 ' 10. Defendant COUNTY OF CONTRA COSTA (hereafter "CONTRA COS'T'A") is 2 a municipal corporation in which the City of CONCORD, California, 3 is located. CONTRA COSTA had municipal authority over Buchanan Field 4 Airport and SUN VALLEY Shopping Center which are located within its 5 municipal boundaries . 6 11 . Defendants DOES 1-50 are unknown architects , engineers , archi- 7 tectural firms , engineering firms and others who advised SUN VALLEY 8 and MACY to locate their businesses in close proximity to Buchanan 9 Field Airport and/or designed the buildings and structures located 10 thereon. 11 12 . On or about December 23, 1935 , Defendants SUN VALLEY and DOES 12 1-25 so negligently and carelessly designed, owned, maintained, 13 operated, controlled, rented and leased the premises known as the 14 SUN VALLEY Mall in that the property was located within close proxi- 15 mity of Buchanan Field Airport. These Defendants knew or should 16 have known that locating such premises within such proximity would 17 create a. forseeable risk of harm to persons on and about the pre- 18 mises from planes taking off and landing at Buchanan Field Airport. 19 Such negligence was the proximate cause of the damages to Plaintiffs 20 described below. 21 13. On or about December 23, 1985 , Defendants MACY and DOES 26-50 22 so negligently and carelessly designed, owned, maintained, operated, 23 controlled, rented and leased the premises located within SUN VALLEY 24 Mall, CONCORD, California. These Defendants knew or should have 25 known that locating their business within a close proximity to 26 Buchanan Field Airport would create a forseeable risk of harm to - 4 - 1 persons on or about their premises from planes taking off and land- 2 ing at Buchanan Field Airport. Such negligence was the proximate 3 and legal cause of the damages to Plaintiffs described below. 4 14. On or about December 23, 1985, James Mountain GRAHAM and 5 Defendant ARK Distributing Company so negligently and carelessly 6 owned, operated, maintained and controlled a Beechcraft Baron 7 Aircraft , Model No. 95A-55 , Registration No. N1494G, as to cause the 8 aircraft to crash into MACY' s at SUN VALLEY Mall proximately causing 9 the damages to Plaintiffs described below. 10 15 . Defendant BEECH so negligently and carelessly designed, manu- 11 factured, distributed, maintained and repaired a Beechcraft Baron 12 Aircraft, Model No . 95A-55 , Registration No. N1494G, so as to cause 13 the crash at SUN VALLEY Mall on December 23, 1985 . Said negligence 14 was the proximate and legal cause of the injuries to Plaintiffs 15 described below. 16 16. Defendant TELEDYNE so negligently and carelessly designed, mann 17 factured, distributed, maintained and repaired the engine of the 18 Beechcraft Baron Aircraft referred to above so as to cause the crash 19. at SUN VALLEY Mall on .December 23, 1985. Said negligence was the 20 proximate and legal cause of the .injuries to Plaintiffs described 21 below. 22 17. Defendants DOES 51-75 so negligently and carelessly maintained 23 and repaired that certain Beechcraft Baron Aircraft referred to 24 above as to proximately cause it to crash into SUM VALLEY Mall on 25 December 23, 1985. Such negligence was the proximate cause of the 26 damages to Plaintiffs described below. 5 - 1 18. As a proximate result of the negligence of Defendants and each 2 of them, Plaintiffs have required medical care and attention and 3 will require medical care and attention in the future all to their 4 damage in a sum not yet know. Plaintiffs will amend this complaint 5 to state the true amount of such damages when the same have been 6 ascertained. 7 19 . As a further and proximate result of the negligence and care- 8 lessness of Defendants and each of them, Plaintiffs have been 9 generally damaged in an amount in excess of the jurisdictional 10 minimum of this Court . 11 20 . As a further and proximate result of the negligence of Defen- 12 dants and each of them, Plaintiffs STEPHAN and CATHERINE EVANGELISTA 13 were unable to attend to their usual occupations and employment and 14 will be unable to attend to their usual occupations and employment 15 in the future all to their damages in a sum not yet known. Plain- 16 tiffs will amend this complaint to allege the true amount of said 17 damages when the same are ascertained. 18 Wherefore Plaintiffs pray for damages as set forth below. 19 SECOND CAUSE OF ACTION 20 (PRODUCTS LIABILITY) 21 22 21 . Plaintiffs reallege and incorporate by this reference as though 23 set forth at length each and every allegation contained in para- 24 graphs 1-20 of the First Cause of Action. 25 22 . r Defendant BEECH was at all times mentioned in this complaint 26 in the business of designing, manufacturing, assembling and selling 6 - I aircrafts for use by members of the general public. 2 23. Defendant TELEDYNE was at all times herein mentioned in the 3 business of designing, manufacturing, assembling and selling engines 4 for use in Beechcraft Baron Aircraft for use by members of the 5 general public. 6 24. Defendant BEECH defectively designed, manufactured and assembl- 7 ed that Beechcraft Baron Aircraft , Model No. 95A-55 , Registration 8 No. N1494G, that crashed into the SUI VALLEY Mall on December 23, 9 1985 . 10 25. Defendant TELEDYNE defectively designed, manufactured and 11 assembled the engines ini.the Beechcraft Baron Aircraft referred to 12 above that crashed into the SUN VALLEY Mall on December 23, 1985 . 13 26. As a proximate result of the defective design, manufacture and . 14 assembly of the Beechcraft Baron Aircraft and its engines mentioned 15 above , the aircraft crashed into the SUN VALLEY Mall on December 23 , 16 1985 , proximately causing the damages to Plaintiffs alleged in the 17 First Cause of Action. 18 Wherefore Plaintiffs pray damages as set forth below. 19 THIRD CAUSE OF ACTION 20 (NEGLIGENT INFLICTION OF EMOITONAL DISTRESS) 21 22 27. Plaintiffs reallege and incorporate by this reference as though 23 set forth at length each and every allegation contained in Para- 24 graphs 1-20 of the First Cause of Action. 25 28. r On or about December 23, 1985, Plaintiffs CATHERINE EVANGELISTA 26 DANIELLE EVANGELISTA, STEPHANIE EVANGELISTA and JUSTIN EVANGELISTA 7 - I were on the premises of Defendants MACY and SUN VALLEY Shopping 2 Center. . 3 29 . Immediately prior to the accident Plaintiff CATHERINE EVANGE- 4 LISTA, the natural mother of Plaintiffs STEPHANIE, DANIELLE and 5 JUSTIN EVANGELISTA, and JUSTIN EVANGELISTA, the natural brother of 6 STEPAHNIE and DANIELLE , became separated from STEPHANIE and DANIELLE. 7 30. Immediately after the crash, Plaintiffs CATHERINE and JUSTIN 8 EVANGELISTA observed an explosion, smoke , fire and flames in the 9 immediate vicinity of where DANIELLE and STEPHA141E had last been 10 seen. 11 31. The conflagration and the confusion of terrified shoppers 12 fleeing the building prevented CATHERINE and JUSTIN from returning 13 to the area where STEPHANIE and DANIELLE had last been seen. 14 32. CATHERINE and JUSTIN knew that STEPHANIE and DANIELLE had been 15 severely injured in the accident but were unable to locate them 16 amid the smoke and flames and general confusion. 17 33. CATHERINE and JUSTIN were subsequently reunited with STEPHANIE 18 and DANIELLE at the hospitals to which the latter were taken for 19 treatment of serious burn injuries . 20 34. As a proximate result of the negligence ,of Defendants and each 21 of them Plaintiffs suffered shock , fright, anxiety and severe 22 emotional distress upon the sensory and contemporaneous observation 23 of the accident all to their damage in an amount to be proven at 24 the trial of the action. 25 Wherefore Plaintiffs pray for damages as set forth below. 26 8 - 1 FOURTH CAUSE OF ACTION 2 (MIMU CIPAL LIABILITY) 3 4 35 . Plaintiffs reallege and incorporate herein as though set forth at length each and every allegation contained in Paragraphs 1-20 of 5 their First Cause of Action. - 6 7 36. Plaintiffs have filed timely claims against Defendants CONCORD 8 and CONTRA COSTA and said claims have been rejected. 37 . Defendant SUN VALLEY is and at all times mentioned in this 9 complaint was located within a forseeable zone of danger from air- 10 11 craft flying into and out of Buchanan Field Airport. 38. Defendants CONCORD and CONTRA COSTA knew or should have known 12 13 that permitting Buchanan Field Airport and SUN VALLEY to conduct their respective operations within such close proximity to each 14 15 other would create an unreasonable risk of harm to patrons and others on or in the vicinity of SUN VALLEY Shopping Mall. 16 17 39 . Said municipal Defendants so negligently permitted the design, 18 planning, construction, maintenance and operation of SUN VALLEY and 19 Buchanan Field Airport in such close proximity to each other as to 20 proximately cause the crash at SUN VALLEY on December 23, 1985 . 21 40 . Said negligence of the municipal Defendants was the proximate 22 cause of the injuries to Plaintiffs complained of herein. 23 24 25 26 9 - I Wherefore Plaintiffs pray for damages as follows : 2 1. For general damages according to proof presented 3 at trial; 4 2. For special damages for medical care and expenses and 5 lost earnings according to proof presented at trial; 6 3. For costs of suit; 7 4. For prejudgment interest pursuant to Civil Code 8 Section 3291 ; and 9 5. For such other and further relief as this Court 10 deems just and proper. 11 12 Dated: March. 27, 1986 Respectfully submitted, 13 McCRAY & LEWIS A Law Corporation 14 15 By: 16 WILLIAM G. LEVA 17 Attorneys for Plaintiffs EVA14GELISTA FAMILY 18 19 20 21 22 23 24 25 26 10 - RACY'S SUN VALLEY MALL CRASH - Arbelaez, Deanna Armsden, Vincent M. Bonella, Jina Borque, Joseph t Camcan, Ann Church, Larry Conner, Brian Crouch, Jonathan L. Davis, Kathy Doty, Margaret Dunn, Dayle Elliott, Vern Eros, Charlotte Evangelista, Danielle Evangelista, Stephanie Evans, Diane Glinndon, Davis Graham, James Grehl, Wayne Guadagni, Wendy Hamilton, Lynn Howe, Timothy Jacobsen, James Jacobus, Brett Jamash, Aaron _ . Jamash, Fatima Johnson, Anthony *MACY'S SUN VALLEY MALL CRASH - Kaify, Mohamed Lang, Richard Larsen, Pat Lewis, Mack t Lodge, Christina Lodge, Cindy Lodge, Gary Lodge, Julie Ann Lucchese, Nancy Lucchese, Peter Lui, Kenneth Lui, Kenneth Lui, Virginia Luong, Alexander Maderos, Kim Molina, Marial Murray, James Oliver, Brian On, Ann Patterson, Merle Pellegrina, Gian Ploughman, Janet Plowman, Clorene Pruett, Richardson, James Roberson, Kenneth Rodreguez, David F]ACY'S SUN VALLEY MALL CRASH - f • Sadler, Kelly Sadler, Pamela Sadler, Sabrina Santos, Edward Seiffert, Gregory Sellars, Patricia Shah, Chandra Shah, Chandrika Shaw, Kunjavadan Sheppie, Ruth Shiehan, William Sodaro, Susan Stanford, Pam Stratton, Shannon Suzuki, Kenji Taylor, Nora Thompson, Heather Tillmany, FNU Trice, Jarrod Trice, Susan Wagner, Timothy Wells, Allan White, Carolyn Widdrick, Robert Wilson, Michael Wood, Timothy Woodson, Matthew APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT July 22 , 1986 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. ELVIP.A HIGARES ON HER. OWN BEHALF AUD ON BEHALF OF HEIRS OF MANUELITA Claimant: ARANDA, DECEASED, NAMELY, ARTHUR ARANDA, ADONIS ARANDA, CORA SEGOVIA., TED ARANDA, AND LUCY A. COP.DOVA Attorney: Gary N. Mavity 1615 Bonanza Street, Suite 204, Address: Walnut Creek, CA. 94596 Amount: $178 , 929. 25 By delivery to Clerk on 6-20-86 Date Received: 6-20-86 By mail, postmarked on 6-19-86 I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: 6-23-86 PHIL BATCHELOR, Clerk, By Deputy 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). op DATp 0 DATED ICTOR WESTMAN, County Counsel, B III. BOARD ORDER By unanimous vote of Supervisors pres nt (Check one only) ( ) This Application is granted (Section 911.6). (X) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: JUL 2 21986 PHIL BATCHELOR Clerk BDe utY Yzzg� ! WARNING (Gov. Code 5911.8) 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 immediatel . IV. FROM: Clerk of the Board T0: 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: JUL 2 21986 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 In the Matter of the APPLICATION FOR LEAVE Claim of: TO PRESENT LATE CLAIM [Gov C § 911 .41 The Heirs of MANUELITA ARANDA, deceased, against, CONTRA COSTA COUNTY EC:EIVED .9 4�i � IBM TO: CONTRA COSTA COUNTY 1. Application is hereby made for leave to present a late claim under Section 911 . 4 of the Government Code. The claim is .founded on a cause of action for wrongful death which occurred on December 25, 1985, and for which a claim was not timely presented. For additional circumstances relating to the cause of action, reference is made to the proposed claim attached hereto as Exhibit A and made a part hereof. 2. The reason for the delay in presenting this claim is the mistake, inadvertence, surprise, and excusable neglect of the claimant and GARY N. MAVITY, attorney, as more particularly shown in the declara- tion of GARY N. MAVITY attached hereto. Contra Costa County was not prejudiced by the failure to timely file the claim as shown by the declaration of GARY N. MAVITY attached hereto as Exhibit B and made a part hereof. 3. This application is presented within a reasonable time after the accrual of the cause of action as shown by the declaration of GARY N. MAVITY attached hereto as Exhibit B and made a part hereof. WHEREFORE, it is respectfully requested that this application be granted and that the attached claim be received and acted upon in accordance with Section 912 . 4-912 . 8 of the Government Code. Dated: �,z, �_ _ 1986 . 4YN._)MAVITi7, On Behalf of Claimant CLAIM To: COUNTY OF CONTRA COSTA Board of Supervisors 651 Pine Street Martinez, CA 94553 ELVIRA HIGARES on her own behalf and on behalf of other heirs of MANUELITA ARANDA, deceased, namely, ARTHUR ARANDA, ADONIS ARANDA, CORA SEGOVIA, TED ARANDA, and LUCY A. CORDOVA, hereby make claim against the County of Contra Costa, for the sum of $178, 929 . 25 , and makes the following. statements in support of the claim. 1. Claimant ' s address is 26735 Eldridge Avenue , Havward, CA 94544 . 2 . Notices concerning the claim should be sent to GARY N. MAVITY, Attorney at Law, 1615 Bonanza Street, Suite 204 , Walnut Creek, CA 94596 . 3. The date and place of the occurrence giving rise to this claim are December 25, 1985 at San Pablo, CA. 4 . The circumstances giving rise to this claim are as follows: On the above date and place, at approximately 1800 hrs. , the San Pablo Police Department received a telephone call requesting assis- tance on behalf of MANUELITA ARANDA, deceased, who resided at 2711 Mission Bell Drive, San Pablo, CA. Officers of the San Pablo Police Department responded, determined that there was a hostage situation, cordoned off the area, and set up positions for the officers to observe the residence. Officers of the Contra Costa County Sheriff ' s Office reportedly also responded to assist the San Pablo Police officers and participated -in the operation. Despite the fact that the officers could hear loud pounding sounds from within the residence, the police officers made no effort to enter the premises to protect MANUELITA ARANDA and prohibited family members who were present from attempting to establish com- munication with her. Unnamed officers in response to inquiry as to why they did not attempt to communicate with N.ANUELITA ARANDA responded that she did not speak English, but still did not permit members of the family to communicate with her. Shortly after -1- EXHIBIT A 2000 hrs. , one of the officers threw a portable telephone through the window and entered the residence where they found MARY CURRY and the interior of the residence spattered with blood. They also located the body of MANUELITA ARANDA and the coroner' s report indicated that ARANDA died of massive trauma to the head as a result of massive injuries to the head, arms and hands. 5. Claimant' s individual damages are for funeral expenses (see below) ; value of personal advice and counseling , and loss of decedent' s love, companionship, comfort, affection, society, solace and moral support; and class damages are based on the same elements. 6 . The names of the public employees causing the claimant ' s injuries are CRAIG BUEHLER, San Pablo Police Department, JOHN MEEK, San Pablo Police Department, and other unknown officers of the San Pablo Police Department and Contra Costa County Sheriff ' s Department. 7. The class on whose behalf this claim is made is identified as ELVIRA HIGARES , ARTHUR ARANDA, ADONIS ARANDA, CORA SEGOVIA, TED ARANDA, LUCY A. CORDOVA, and JOSIE QUINTANA, the legal heirs of MANUELITA ARANDA. JOSIE QUINTANA reportedly has made her own claim in this matter. Claimant' s individual claim as of the date of this claim is $25, 561. 18 ; the class claim as of the date of this claim is $178 , 928 . 25 . 8 . The basis of computation of the above amount is as follows: A. Funeral expenses; Mortuary 2 , 484 . 75 Cemetary plot 565 . 50 Headstone 440. 00 Two photos on headstn. 179. 00 Storage shed 84. 00 Flowers 160. 00 Death certificates 15 . 00 $ 3 , 928 . 25 B. Loss of personal advice and counseling 72 , 000 . 00 C. Loss of companionship 103 , 000 . 00 Total . . . . $ 178 , 928 . 25 Dated: — 1986 . ELVIRA HIGARES , ClAimant, Individually and on Behalf of the Above-Described Class -2- ' In the Matter of the DECLARATION OF Claim of : GARY N. MAVITY IN SUPPORT OF APPLICATION The Heirs of MANUELITA ARANDA, FOR LEAVE TO PRESENT deceased, LATE CLAIM against, CONTRA COSTA COUNTY I , GARY N. MAVITY, declare as follows : 1. I am the attorney for the claimants in this matter. 2 . Timely claim was filed against the City of San Pablo based on available information on April 3 , 1986 . 3. Subsequent to that time, at the preliminary examination for MARK CURRY, who is accused of the homicide of MANUELITA ARANDA, testimony was offered by Officer JOHN MEEK, San Pablo Police Depart- ment on June 9 , 1986, that in addition to officers of the San Pablo Police Department present at the scene of the homicide on December 25, 1985, were also officers otherwise unspecified who were members of the Contra Costa County Sheriff ' s Department, and that these officers took part to an otherwise specified degree in the operation which eventually resulted in the arrest of MARK CURRY, and his being charged with the homicide. 4 . I further declare that the County of Contra Costa was not prejudiced by the failure to file a timely claim in this matter. I hereby declare under penalty of perjury that this decl ration is true and correct and executed the same on _ 1986, at Walnut Creek, California. v A T Attorney for_ Claimants EXHIBIT B r CLAN BOARD OF SOPERVIS(W OF CSM COSTA COMM, CALI104IA BOARD ACTION Claim Against the County, or bistriet ) NOTICE 70 CLADlAl T Julv 22 , 1986 governed by the Board of Supervisors, ) The copy of-thi—sdociument miled to you is your Routing Endorsements, and Board ) notice of the action taken an 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: SANDRA MOORS County Counsel Attorney: JUN 2 31986 Address: 7031 Prince Drive , Dublin, CA 94568 C&0553Froin CAO M81tnW. Amount: Unspecified By delivery to clerk on 6-19-86 Date Received: June 19., 19.86 By mail, postmarked on no envelone I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: 6.--20-.86 PHIL BATCHELOR, Clerk, By Deputy Hall II. FROM: County Counsel 70: Clerk of the Board of Supervisors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. (x) 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: G By: I Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (�() This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of d's Order enteredin its �mn for s 1986 PHIL BATCHELOR Clerk _Dated: , , By .�; , Deputy Clerk WARNING (00v. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this MUM aces 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 mediately. 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 DATED: toJVLa} 6 PHIL BATCHELOR, Clerk, By _ , Deputy Clerk 604ce-rn y�'rr m Jf oar& f� ' (j taw i - rn �- • �- 0trt. - l • ' vaf e Z: h COIF �s 70s CA f. a G R RE EIV"ED B MAY 2 3 i986� Jul"., CITY OF (T ,9c; l'U ;t 1 .9 1986 SAPS RAMON f PHIL BATCHELOR CLERKBOARDSTA VISORS ( ounty dr '....'etrcatQC h i _s __ .�_:: :� ��. ..�. 'Z�i�a':i,'r;:`:: t't� I .,ti...... ' I CLAN BOARD OF SQPF.RnsMS OF CSW COSTA COONTI. CAI37aWU BOARD ACTION Claim Against the County, or bistriat ) YNICE TO CLUNANT July 22 , 1986 governed by the Board of Supervisors, ) The oopy of-this—docunient i0led to you is your Routing Zndorsements, and Board ) notioe of the action taken an your claim by the Action. All Section references are ) Board of Supervisors (Paragraph No below), to California Government Codes ) given pursuant to Government Code Seetim 913 and 915.4. Please rate all *Warnings"COURtYCOUAse1 Claimant: DWIGHT T... CAMPBELL Attorney: JUN 2 31986 Aftnez, CA 911553 Address: 45 West 10th Street , Ant . 4, Pittsburg , CA 94707 Transmittal Amount: $50, 000. 0 0 By delivery to clerk on 6-19-86 Date Received: 6-19-86 By mail, postmarked on yes , no n o s tmarl- I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: 6-20-86 PHIL BATCHELOR, Clerk, By Deputy II. FROM: County Counsel 70: Clerk of the Board of Supervisors (Check only one) (x) This claim complies substantially with Sections 910 and 910.2. ( ) 7iis 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: eputy County Counsel V 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 WER By unanimous vote of Supervisors present (x) This claim is rejected. in full. ( ) Other: I certify that this is a true and correct oopy of he Board's Order entered in its min s for this date. Dated: 2 2 1985 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARN M (Gov. Code Section 913) Subject to oertain exoeptims, you have only six (6) months from the date of this notice was personally served or deposited in the trail to file a oourt action on this claim. See Government Code Section 945.6. You may seek the advioe of an attorney of your ehoioe in oomection with this matter. If you want to oonsult an attorney, you should do so Lowdiately. V. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703• ( ) A warning of claimant's right to apply for leave to ent a late claim was mailed DATED:t°JAX Z Z 1986 PHIL BATCHELOR, Clerk, By � � , Deputy Clerk CLAIM TO: BOARD OF SUPERVISORS OF CONTRA CONrRWVapplication to: Instructions to ClaimantC!erk of the Board Martinez Califomia94553 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. :. If the claim is against more than one pl3bl ic, 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 ' RECEIVED Against the COUNTY OF CONTRA COSTA) puri /9 1085 or DISTRICT) Fil 1 in name ) 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: _ � ------------------------z------------------------ occur? (Give exact-------andhour-------- ---- . When did the damage or injury date ] -- ---- T--- ------------T -------------- occur? T------------occur? (Include city and county _ - 3. How did the damage or in3ury occur? (Give dull details, use extra . .sheets if required) - - 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 pr employees causing the damage or. injury? n ' r-z , - --/s'�w rc y_� f -t i,��7 t i�T /c�o�+� �a!/f ::.- 6. Wiat damage orn�ursee doyouu claim resuextent : of injuries or damages claimed. -Attach two estimatesfo=• 'auto;:.;:'::;._;;.: damage ,�.. �w Old k�y//_ G�vr�SS • E's�"��� pa�,� a•^i( {�r� •�i� el��Qo7a�irs . . . .• • : •�'•. ..'�;�=`r ,.;,f:>,�•tl,` _. 7. Bow was the amount claimed above .computed? -(Include the estte� amount of// any prospective injury or damage. ) rfO„�� �;;� .G ' o' ►'yfc�� M. --------------------------------------- ------- S. Names and addresses of w'tnnesses, doctors and hospitals. C J S. List the expenditures you made on account of this accident or. in3ury: DATE ITEM AMOUNT Govt. Code Sec. 910.2 piiovides: "The claim signed .by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " -Name and Address of Attorney f ant' Signature Gt `.: :.. . Addres Telephone No. Telephone No. 7 NOTICE Section 72 of the Penal Code provides: "Every person who, with intent xo 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 aliow .or pay the same if genuine, any false or fraudulent claim, .bill, -account,- voucher, or writing, is guilty of a felony." 1A CLA3X WARD OF SOPERVI90RS CF C3M CMA moi. CALIIwp_IA BOARD ACTION Claim Against the County, or District ) WNICE TO p,A11►EWT July 22 , 1986 governed by the Hoard of Supervisoe ) the oopy of--thi-s—document mailed to you is your Routing midoraements, and Hoard ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph No balow), to California Government Codes ) given pursuant to Goverment Code Section 913 and 915.4. Please note all *iTarnings". (,!Q� Claimant: JOANNE SEP.RANO ply ,ltIN ose1 Attorney: 2 319A6 Address: 1926 15th Street, San Pablo, CA 94806 r"� Amount: $336. 29 By delivery to clerk ob- 6-2 0-86 Date Received: 6-20-86 By mail, postmarked on b-1c)-,q6 I. FROM: Clerk of the Board of Supervisors 40: County Counsel Attached is a copy of the above-noted claim. Dated: 6-20-86 PHIL BATCHELOR, Clerk, 'By Deputy II. FROM: County Counsel T0: Clerk of the Board of Supervisors (Check only one) V) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: puty County Counsel 61 III. FROM: Clerk of the Board T0: (1) ty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BDARD ORDER By unanimous vote of Supervisors present (X) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of th d's Order entWR in its °ds2f or ,,Ws date. Dated: PHIL BATCHELOR, Clerk, By � , Deputy Clerk WARN M (Gov. Code Section 913) Subject to oertain exceptions, you have only six (6) months from the date of this notice was personally seared or deposited in the mail to file a court action on this claim. Sse.Govwment Code Section 945.6. You may seek the advice of an attorney of your ohoioe in oonnection with this matter. If you want to oocLwnit an attorney, you should do so immediately. V. PROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave present a late claim was mailed to claimant. DATED: PHIL BATCHELOR, Clerk, By `�� De � , puty Clerk AA• /�.s.*.r • iw.tw�e*wa*nw X91 ���+ter f7wr.wn�l /11 CLAIM,T0: BOARD OF SUPERVISORS OF CONTRA C(**rFo9WRWapp1icationto: Instructions to ClaimantC!erk of the Board Martinez.California 94553 A: Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the -cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a' district governed by the Board of Supervisors, rather than the County, the name of the District should .be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. fraud. See penalty for fraudulent claims, Penal Lode Sec. 7.2 at end o this form. RE: Claim by )Reserved for ' stamps Sex f o-fn o DIVED EC Against the COUNTY OF CONTRA COSTA) Jo 19816 P41L S►fCMELO� or DISTRICT) agNc opo PERUISORS Fit in name ) „ owMs 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: ------------------------------------------------------------------- ---- 1. When did the damage or injury occur? (Give exact date and hour] 22 � t�1g � � 4 : 3c� P . m _ __- ___ T_ _------_-_-T------------------------------------------- 1. Where did-the damage or injury occur? (Include city and county) ( -1 NW-N v� 3. How did the damage or injury oc r? (Give 1u11 details, use ext sheets if required) ���� 3�9 cSZrn 4. What particular act or omission on the part of county or district (,V((j officers, servants or employees caused the injury or damage? C _ �A, c4 (ove lS� 5: What are the names of county or district officers, servants or" "employees causing the damage or injury? 6. What damage or i U- r s do you claim resulted? (Give full extent of injuries or d=esaimed. Attach two esti ates for auto damage) 6tO� k4:% 81 � 8 1 "�C10�, i.-- -Row7. How was the amount claimed above computed? (Include the estimated--- amount of any prospective injury or damage. ) ------------------------------------------------------------------------- $. Names and addresses of witnesses, doctors and hospitals. Cir . or. ?roxnGs ...... .... ------------------------------------------- 9. ;List the expenditures you made on account of this accident or injury: I bAE r - ITEM AMOUNT ---rte 5 _. . Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf, " Name and Address of Attorney Claimant' s Signature Address Telephone No. '"CicPhone No. y yy yy y yy y y yy y yy y y.y y y yy+y y y y y y y y+y y y y y y`y y y y y iy\y.y��y. 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. " TS CUSTOMS 9 6 8 0 AMTS &FENDER 110-H&Wrd st. Biemond,CL 9W4 AS LISTED FOR LABOR AND MATERIALS ESTIMATE OF REPAIRS„ERBALAGREEMENTS NOT BINDING ESTIMATES FREE OWNER DATE ADDRESS PHONE EST. NO. INSURANCE CO. ORDER NO. ADDRESS PHONE LICENSE NUMBER YEAR-MAKE MODEL MILEAGE MOTOR NO. SERIAL NO. • DES • • • e • • CID 7- !7!! 00 PARTS.PRICES BASED ON STANDARD CATALOG PROCUREMENT PRICE LISTS SUBJECT TO,CHANGE WITH OUT..NOTICE. . TOTAL PROCUREMENT AND DELIVERY CHARGES MAYBE ADDED FOR SPECIAL SERVICE ON ITEMS NOT AVAILABLE LOCALLY, . MATERIAL OLD PARTS REMOVED FROM CARS WILL BE JUNKED UNLESS,OTHERWISE INSTRUCTED IN WRITING..':.`:. .:.. TAL LABOR THE ABOVE'1S AN:ESTIMATE'BASED.ON OUR INSPECTION AND...DOES NOT'COVER ADDITIONAL.PARTS: OR LABOR WHICH-MAY.BE.REQUIRED AFTER THE WORK HAS BEEN OPENED UP:OCCASIONALLY:AFTER WORK HAS.STARTED.WORN ARTS ARE DISCOVERED:WHICH.ARE NOT EVIDENT ON.FIRST.INSPECTION.: TOTAL MATERIAL BEGAUSEOFTHISTFIE:A P ES OT UARANTEEDESTIMA G T ...-7777.:. . ;7777.- ......';;:. ..:,......:. / TAX I ESTIMATED L APPROVED BY. I D OUT &STORAGE -: AUTHORIZED AND :. PTED.: ..:..:.......:....:.:....::. ..:..,:.:.....:.::,.:...::.: SUBLET ET REPAIR S BY OW.::.N.'>. R ZCJCi .OR AGENiT ......77...77:>;:.. 4H 429 REDIFORM ARATA HONDA ESTIMATE OF REPAIR COST • 1020 CAROLAN AVE. • P.O. BOX 313 SHEET NO.__�OF__/_SHEETS BURLINGAME, CALIFORNIA 94010 • a A.R.■25429 (415) 348-9077 R. O. No. Date — 19a Car Owner P!NNG_ Address l cta�- tS S-r SPov "Phone Z Z C1$t��, Make _Year Serial No St2S32-4 IRS 62Z e — Body Style Mileage License No. /8 I:E Z741 2— Paint No. Trim No. -- Insurance Co. Adjuster Phone No. �— File No REPAIR REPLACE ESTIMATE OF REPAIR COST LABOR PARTS MISC. SUBLET HOURS L TOTAL Od The undersigned agrees to complete the above repairs for $ Labor $ Of this amount the above named insured is to pay Parts $ 23-7 - g'�{ $ insurance deductible Misc. $ depreciation Sublet $ i work not covered by insurance Sales Tax $ DAMAGED or WORN parts removed from car will be junked unless owner instructs us otherwise in writing. ESTIMATE TOTAL $ 33� 2 1 If NEW PARTS listed herein or required are NOT available, we reserve the right to REPAIR such damaged or worn parts, where possible, the CHARGE for which will be made on an actual time basis at our pre- vailing labor rate per hour. The above is an APPROXIMATE estimate of repairs required, based on the in spection made. ADDITIONAL parts, or labor, may be required after the work.has tstarted, which were not /� evident on the first inspection. SUCH ADDITIONAL LABOR AND MATERIAL WILL BE CHARGED FOR IN ADDI- GRAND TOTAL $ �b TION TO THE ABOVE. By: NO. 40-LAW P Q. CO. CLUN HOARD OF SUPERVISORS OF 03M OWA M!M s CALIIUTA - BOARD ACTION Claim Against the County, or District ) WMCE TO CL.ADIW July 22 , 1986 governed by the Hoard of Supervisors, ) The copy a t miled to you is your Routing Endorsements, and Hoard ) rwtioe of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph I $ below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all wWarninW F�aunty ConnSei Claimant: DWIGHT T. CAMPBELL Attorney: 'Illy 9 d 1986 Address: 901 Court Street Martinez, CA 94553 By delivery to clerk on 6-23-86 transmittal ��t: $100, 000. 00 Date Received: June 23, 1986 By mail, postmarked on no nos mark on envel one I. FROM: Clerk of the Hoard of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. Dated: 71 n P 24 o R h PHIL HATCHIIAR, Clerk, By �p Y L. Hal II. FROM: County Counsel 70: Clerk of the Board of Supervisors (Check only one) V) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The.Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated:75- MCE 7Z, County Counsel III. FROM: Clerk of the Hoard T0: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present %) This claim is rejected in full. ( ) Other; I certify that this is a true and correct copy o t Board's Order entered in its minrc f�19this date. Dated: �J��LL 8866 PHIL BATOMOR, Clerk, By , Deputy Clerk WARN M (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 way 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. FRW: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed. on the Hoard's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: JUL 22,MarT_,PHIL BATaMDR, Clerk, By Deputy Clerk M. n_.._a_. •i1.t..4....♦nw f 71 f+i,..nt . n.+.w,nn1 /4% ..._ ..._.... _._ ....: _..'-. ....... ...:.....................ire.......____.�......__..-..�__a•:...nw.v�._.-...� L_..aw- y� ra C7,9IM TO: BOARD OF SUPERVISORS OF CONTRA .CONarrt9WR&ppi1cat1ont0: Instructions to 'ClaimantC!erk of the Board kleldhmdmi 65'/P. e Shy pio 6 Martinez,California 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented. :.;: not later than the 100th day after the accrual of 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, -551 -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 lfraudulent claims, Penal Code Sec. 72 at end o this form. RE: Claim by )Reserved for Clerk's filin stamps RCIVRD Against the COUNTY OF CONTRA COSTA) JUN X31986 ) or DISTRICT) Fill 'in ndme) ) a . The' undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ lD0O� d� and in support of this claim represents as follows: i. -When did the dame a or in ur occur? 114,y ����J exact date /and hour] 1.1/(6tty '�. /Wghiere Zid Efi; a_mage ,for injuryoccur?/7 {Inclu/de city and county) CUlr - t % YJ if�I4r7-), Y C,�l C ohrf�i Les t. �o• . 3. How did the damage or in3ury occur? (Give iuli detaiis, use extra . sheets if required) ���was �,G ,;,J �-� o„ 1"4 A-11,7` ria sae y Oh. �-/yi✓17��c Do/n e ; . c /� rhr' !n shy rfDl7' /Vk/7.JC 17�� lJnB4?7fC�`' t------------------s-----------------------------s--- 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 ervants or. •'employees causing the damage or injury? • �) ma.rc�/ 6. What damage or in3uries do you re claim sulted? Give full extent. of injuries or damages claimed. Attach two estimates -foi .auto damage) �wv �li�r/'r/tcA� Gl� S on �?� t'o ''o(r /Y� s crheL`�lU1-Gsf �����"L f1�l�'! CInG'� �GI'y �'J�7�AOfa�t'.S - _ -.:�,_•; .. , 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or .damage. ) B. Names and addresses of itnesses, doctors and hospitals. CY �> [�Icst.f Mp1.UiE, t K. List the expenditures you made-on account of this accident Or `injury•. /! )�DATk_ ..� ITEM / AMOUNT = -- ..... -� ;. 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 / �f Claimarit s Signature, Pjddre s� t 1 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. " BDARD OF SMVI190RS OF 03M aWA RR M, CMAUNIA fibARD ACTION Claim Against the County, or bistrict ) WNICE TO CLRpM July 22 , 1986 governed by the Board of Supervisors, ) The oopy s t mailed to you is your Routing Endorsements, and Board ) notioe of the action taken an yourtile fIS@1 bel Action. All Section references are ) Board of Supervisors (Paragraph IV, ,1Y to California Government Codes given pursuant to Government Code Sectiop,iVgl3 31986 and 915.4. Please note all 9WarninW.J t! Claimant: P.AYMOND M. PARKER eartim QQW Attorney: Charles J. Maguire , Jr, , John Haanala, Van De Poel , Strickland F: Haanala. Address: 1999 Harrison. Street, Suite 1100, Oakland, CA 94612 Amount: 18 , 000 + - By delivery to clerk on 6-20-86 CC Date Received: 6-20-86 By mail, postmarked on no envelope I. FROM: Clerk of the Board of Supervisors TD: County Counsel Attached is a copy of the above-noted claim. Dated: 6-23-86 PHIL BATCHELOR, Clerk, By Deputy II. FROM: County Counsel 10: Clerk o Board of Supervisors (Check only one) ( ; ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to amply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section. 911.3). ( ) Other: lip Dated: O By. Deputy County Counsel III. FROM: Clerk of the Board TO: (1) tasty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. WARD ORDER By unanimous vote of Supervisors present (�) This claim is rejected in full. ( ) Other: I grt% 9 certify that this is a true and correct copy of he Board's Order entered in its d U L Dateo� cb�is PHIL BATOMOR, Clerk, By , Deputy Clerk WARNIM (Gov. Code Section 913) Subject to oertain exoeptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action an this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to ommmlt an attorney, you should do so immediately. V. FRONT: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703• ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to t. DATED: •l��21986 PHIL BATCHELOR, Clerk, By C/1 - �� , Deputy Clerk nn. . ln..,t.. AAniniatrat.nr fel Pr»nt.v f'rnmapl (11 VICTOR J. WESTMAN CONTRA COSTA COUNTY COUNSEL TO P.O. Box 69. Co. ADMIN. BLDG.: Cathy Knowles Clerk of the Board of Supervisors MARTINEZ. CA 94553 . DATE SUBJECT The attached (amended) adl—m l) were/was sent dirently to our office. Please process and return to us_ Thank you. 1x. 4' II+ I4•. I f'. • ' f Vicki J. Finucane s f I 155 • 1 t 1 JOHN E. HAAPALA unty counsel CHARLES J. MAGUIRE, JR. ,J(j�y O 19�e 2 VAN DE POEL, STRICKLAND & HAAPALA Lake Merritt Plaza *fafh LCAQ553 3 1999 Harrison Street, Suite 1100 Oakland, CA 94612-3508 4 Telephone : (415) 763-2324D 5 Attorneys for Claimant RAYMOND M. PARKER 6 a 7 g CLAIM TO COUNTY OF CONTRA COSTA 9 TO: COUNTY OF CONTRA COSTA Clerk of The Board of Supervisors 10 651 Pine Street , First Floor Martinez , CA 94553 < 11 < COUNTY COUNSEL ATTORNEYS OFFICE < 12 651 Pine Street, First Floor _ °o Martinez , CA 94553 `° < NWoN 13 < Fn5 < ° CLAIM: Indemnity arising from service of complaint entitled f Z z n 14 u .', a0. 00 Joseph F. Lyons and Betty I . Lyons v. Albert D. Seeno Construction � � x. Mir 15 o .� < u = Company, Kisa Toms , Raymond M. Parker, Kevin Morrison, et al . , p < JpzJ 16 a pS � Action No. 276955 , filed in the Contra Costa County Superior W Y 0 17 Court on September 11 , 1985. 18 DATE CLAIM AROSE: RAYMOND M. PARKER was served as a defend- 19 ant in the Lyons action on May 10, 1986 . 20 NATURE OF CLAIM: Indemnity for flood/property damage 21 and repairs of same. 22 FACTUAL BACKGROUND: RAYMOND M. PARKER owned property 23 located at 4345 Rose Lane in Concord , California up until 1985 . 24 To the rear and adjacent to the rear boundary of claimant' s 25 property is and was located plaintiffs ' , LYONS ' , property at 26 4344 Cowell Road. Beside the plaintiffs ' property and adjacent 27 thereto is the property of KISA TOMS and KEVIN MORRISON. Uphill 28 1 from claimant' s property in the direction of the Lime Ridge 2 subdivision (Subdivision 4554) are the properties of JOHN MATHEWS 3 at 4349 Rose Lane, JERRY JOHNSON at 4349 Rose Lane, and JAMES 4 WOODS at 4355 Rose Lane. Adjacent to the JOHNSON and WOODS 5 properties ' boundary is the Lime Ridge subdivision. 6 There are certain drainage improvements including concrete- 7 lined V-ditches on the northeast and northwest boundary of 8 the Lime Ridge subdivision from which empties drainage water 9 into a 12" pipe which runs on the WOODS, JOHNSON, MATHEWS and 10 former PARKER property and allows water to discharge onto the < 11 rear portion of the LYONS property. a << n 12 Claimant is informed and believes that the COUNTY OF CONTRA O N oN 13 COSTA is the prior owner and present owner of the Lime Ridge Z J JI- ft ~ O 0 14 subdivision drainage improvements and allowed those drainage bemoan' U 0 1 W Q y 0 � � Q < 0 15 improvements to dump water onto the downhill property which, 0W < 01 J F Y j4 ` jp < W 16 due to the water' s concentrated strength and volume as well O < J O J F W Y z 0 17 as changes in the Lime Ridge subdivision, caused the flooding z 18 of the lowest property between the Lime Ridge subdivision and 19 Cowell Road, i .e. , the LYONS property. 20 Claimant is also informed and believes that as owner of 21 the drainage improvements in the Lime Ridge subdivision which 22 in turn dump water into the pipe and through the drainage channel 23 on the downhill properties , that the COUNTY OF CONTRA COSTA 24 gained a prescriptive easement, or right of use, or license 25 to use, the downhill properties with a concomitant duty of 26 maintaining that easement. Further, COUNTY OF CONTRA COSTA 27 was the owner of a storm drain culvert on Rose Lane which dumped 28 water downhill into the same area adjacent to claimant' s former -2- I property. Claimant is informed and believes that the COUNTY 2 OF CONTRA COSTA did not maintain the easement since it turned 3 into a flooded area rather than a drainage channel . 4 In addition, claimant is informed and believes that the 5 configuration of the drainage system at the Lime Ridge subdivision 6 constitutes an unreasonable use of that property, and as owner 7 of the drainage system, the COUNTY OF CONTRA COSTA was negligent 8 in allowing large quantities of water to discharge onto the 9 downhill properties and to cause flooding. 10 Claimant is also informed and believes that the present < 11 condition and the condition at relevant times of the drainage J < n 12 improvements at the Lime Ridge subdivision constitute a nuisance CO 0 IV , N W o M13 which the COUNTY OF CONTRA COSTA did not abate. C < f • Fl < ° a J ` � " Zn 14 Claimant is also informed and believes that said drainage � U)tz U > a o p i W Q N N Qja < o 15 system constitutes a dangerous condition of public property. 0W < � I WQ � " 6 16 Claimant claims that these drainage improvements proximately o a < W a pJI- 0 0it 17 caused or contributed to flooding on plaintiffs ' property and z 18 caused property damage and the plaintiffs to incur repair costs . 19 Claimant is informed and believes that the damages incurred 20 by the plaintiff occurred between 1981 and 1985 , particularly 21 in the winters of those years . 22 Claimant seeks total indemnity and/or comparative indemnity 23 from CONTRA COSTA COUNTY. A copy of the plaintiffs ' complaint 24 against claimant is attached hereto to inform the COUNTY OF 25 CONTRA COSTA in more detail of the plaintiffs ' allegations . 26 DAMAGES: The amount of indemnity has not been ascertained 27 at this time but claimant is informed of a $13 ,000 payout for 28 repairs by Allstate Insurance Company to the plaintiffs and -3- I was. also informed that plaintiffs are seeking approximately 2 $5 ,000 more for repairs which have not yet been undertaken. 3 Thus , claimant believes that the amount of indemnity will be 4 at least $18 ,000. 5 FURTHER NOTICES: All further notices should be sent care 6 of claimant ' s attorney, John Haapala, Van De Poel , Strickland 7 & Haapala, 1999 Harrison Street, Suite 1100, Oakland , California 8 94612 , telephone (415) 763-2324. 9 DATED: June 19, 1986 10 VAN DE POEL, STRICKLAND & HAAPALA < 11 < n 12 By_ _ °O " N CHARL S 1J. UIR R. e0 < N W N 13 Attorneys C1 ant < ` g " ` o 14 RAYMOND M. PARKER beMt ZLn U "' 110 a 0 o a W Q tll 4 ✓�~i ¢ fago zW 15 O W i u x aW a J : z J 16 a t W O J F W - Y 0 17 Z 18 19 20 21 22 23 24 25 26 27 28 -4- bVrvinnVIVS /TAC/ON JUI,�/C/ALJ SEF 13 aot0*4 Lw vi AA cotrl, NOTICE TO DEFENDANT- Who a Acusado) ALBERT D. SENO CONSTRUCTION COMPANY, a corporation; KISA TOMS; RAYMOND M. PARKER; K£VIN MORRISON, and DOES 1 through 100 , inclusive YOU ARE BEING SUED BY PLAINTIFF: (A Vd. k esd demandando) JOSEPH F. LYONS and BETTY I . LYONS , husband and wife You have 30 CALENDAR DAYS after this sum- Despu6 de que le entmguen esta citacidn judicial usted mons is served on you to file a typewritten re- tiene un plaro de 30 DIAS CALENDARIOS para presentar sponse at this court. una nespuesta escrita a rniquina en esta torte. A letter or phone call will not protect you; your Una Carta o una Ramada telef6nica no le ofneceri typewritten response must be in proper legal protecci6n; su respuesta escrita a mJquina tiene que form H you want the court to hear your case. cumplir con las formalidades lege/es apropiadas si usted H you do not file your response on time,you may quiere que la torte escuche su Casa lose the case, and your wages, money and pro- Si usted no presenta su respuesfa a tiempo, puede perder perty may be taken without further warning from el casgl y k pueden quitar su salariq su dtnero y otras c osas the court. de su propredad sin aviso adicional por parte de la torte. There are other legal requirements. You may Existen otros requisHos legales. Puede que casted quiera want to call an attorney right away. H you do not I/amar a un abogado inmediatamente. Si no conoce a un know an attorney,you may call an attorney refer- abogado, puede llamar a an servicio de referencia de ral service or a legal aid office(Iisted in the phone aboggados o a una oTicina de ayuda legal(►ea el diredorio book). telef6nico). CASE MUMBEF. (N4~ry&WCaw) The name and address of the court is: (El nombre y direcci6n de la torte es) T M 955' Contra Costa County Su_nerior Court 725 Court Street P. O. Box 911 Martinez, CA 94553 The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: (El nombre, la direcci6n y el numero de telttfono del abogado del demandante, o del demandante que no tiene abogado, est Robert L. Grant, Esq. Law Offices of Grant & Sternberg 3478 Buskirk Avenue, Suite 220 Pleasant Fill, CA 94523 Telephone: (415) 946-1400 ��++ DATE: SEP ') Clerk, by Pirchal (Actuario) f lesado sum NOTICE-TO THE PERSON SERVED: lbu are served 1. as an individual defendant. Z Eras the person sued under the fictitious name of fspecdyl: 3. [D on behalf of (specify): under. CCP 416.10 (corporation) CCP 416.60 (minor) CCP 416.20 Idefunct corporation) CCP 416.70 (conservatee) CGP 416.40 (association or partnership) CCP 416.90 (individual) other. / 4. LCj- by personal delivery on fdatel: .5— -11) Pei—adopted by%A Nt ISO*rarrrao for Proof of set W sut �ea: l r �e i 9641 SUMMONS ca M." A O"�T R—NCM'QA PARTY WITHOUT ATIORNEY(NAME AN;^`%DRESS) TLLEPHQN XQK F;UUM1 U51L VNL• D'avi& ?f. • Ster'nberg, Esq.. (415) 946-140 i.aw .•Off ices of Grant & Sternberg ' 347E Buskirk Avenue, Suite 220 Pleasant Hill , CA 94`23 ATTORNEYFOR(NAME)- Plaintiffs LYONS Insert name of court,judicial district or branch court,If any,and post office and street address: Contra Costa County Superior Court �t.� � t198 725 Court Street ,i R. OLSM4. Counly Clcr'< P. 0. Box 911 CONTRA COS1A COUNT't Martinez, CA 94 553 s i_Ee. Deputy PLAINTIFF: JOSEPH F. LYONS and BETTY I . LYOAS , husband and wife DEFENDANT: ALBERT D. SEE,10 COt STRLCTION' COMPAT?Y, a corporation: IMSA TOMS; RAY114.0I1D M. PARKER; KEVIN MORRISON ®DOES 1 TO 100 /Ale-Z_ LS//2E COMPLAINT—Personal Injury, Property Damage, Wrongful Death CASE NUMBER: M MOTOR VEHICLE ®OTHER(specify): ® 276955 ,,Property Damage M Wrongful Death 2 7 6 9 5 5 MPersonat Injury Q Other Damages(specify): 1. This pleading, including attachments and exhibits,consists of the following number of pages: 2. a. Each plaintiff named above is a competent adult Q Except plaintiff(name): Ma corporation qualified to do business in California M an unincorporated entity(describe): =a public entity(describe): Q a minor Q an adult Q for whom a guardian or conservator of the estate or a guardian ad litem has been appointed M other(specify): M other(specify): Q Except plaintiff(name): =a corporation qualified to do business in California Man unincorporated entity(describe): Ma public entity(describe). Ma minor Man adult M for whom a guardian or conservator of the estate or a guardian ad litem has been appointed Q other(specify): M 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. M Information about additional plaintiffs who are not competent adults is shown in Complaint—. Attachment 2c. . (Continued) Form Approved by the Judicial nof California EfetiveJnury11982COMPLAINT—Personal Injury, Pro rt Damage, Rule 9821) Wrongful Dat CCP 125.12 SHORT TITLE: ( (� CASE NUMBER. LYONS v. SEENO. CONSTRUCTION . ' COMPLAINT—Personal injury, Property Damage,Wrongful Death Paps two 3. a. Each defendant named above Is a natural person ® Except defendant(name): Q Except defendant(name): ALBERT D. SEENO CONSTRUCTION COMPANY Q a business organization, form unknown a business organization, form unknown Q a corporation Q a corporation Q an unincorporated entity(describe): Q an unincorporated entity(describe): 1] a public entity(describe): Q a public entity(describe): Q other(specify): Q other(specify): Q Except defendant(name): Q Except defendant(name): I] a business organization, form unknown =a business organization,form unknown Q a corporation =a corporation Q an unincorporated entity(describe): =an unincorporated entity(describe): Q a public entity(describe): Q a public entity(describe): other(specify): Q other(specify): b. The true names and capacities of defendants sued as Does are unknown to plaintiff. c. Q Information about additional defendants who are not natural persons is contained in Complaint— Attachment 3c. d. Q Defendants who are joined pursuant to Code of Civil Procedure section 382 are(names): 4. Q Plaintiff is required to comply with a claims statute, and a. Q 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 Q 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. Q injury to person or damage to personal property occurred in its jurisdictional area. []other(specify): 6. Q The following paragraphs of this complaint are alleged on information and belief(specify paragraph numbers): (Continued) Pape two ` l B-1(2) SHOIA7 TITLE (` CASE NUMBER LYQNS v', SEENO CONST ,:TION COMPLAINT—Personal Injury, Property Damage, Wrongful Death(Continued) Page three 7. The damages claimed for wrongful death and the relationships of plaintiff to the deceased are listed in Complaint—Attachment 7 0 as follows: S. Plaintiff has suffered r 0 wage loss ©loss of use of property hospital and medical expenses ®general damage ®property damage loss of earning capacity other damage(specify): 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 for ®compensatory damages ®(Superior Court)according to proof. (�(Municipal and Justice Court) in the amount of$ Q other(specify): 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.) Motor Vehicle ®General Negligence Intentional Tort Products Liability Premises Liability Other(specify): JEFFREY V. JENSEN (Type or print name) (Signature of plaintiff or attorney) COMPLAINT-Personal Injury, Property Damage, Page three Rule 982.1(1)(cont'd) Wrongful Death (Continued) CCP 425.12 SHORT.I ITLE: CASE NUMBER. • LYONS v. SEENO CONSTRUCTION ' ` FIRST ' CAUSE OF ACTION—General Negligence Pape 4 (number) ATTACHMENT TO [—]Complaint Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff(name): JOSEPH F. LYONS and BETTY 1 . LYONS alleges that defendant(name): ALBERT D. SEENO CONSTRUCTIOiI COMPANY, hereinafter referred to as "SEENO" , and [R Does 1 to 20 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): at(place): ` (description of reasons for liability): Defendant SEENO was the developer of a subdivision known as "Lime Ridge" , which lies roughly adjacent to, and upslope from, Plaintiffs ' real property. The natural water drainage course prior to said developement traversed the property comprising the subdivision. As part of the construction, SEEI10 built concrete-lined "V" ditches along the boundary of the subdivision. As a developer, SEENO owes a duty of ordinary and reasonable care to surrounding land owners in building housing projects. SEENO breached this duty by failing to investigate the conseouences to Plaintiffs of constructing the above-described "V" ditches and by failing to investigate alternative watershed plans. As a proximate result of said Defendant ' s breach, Plaintiffs' property has suffered extensive flooding and damage due to diverted runoff. The true amount of said damages is unknown to Plaintiffs at this tine, but alleged to be in excess of $15, 000, and Plaintiffs pray leave of Court to amend this Complaint when said amount shall become known. DOES 1 through 20, inclusive, were the agents and. employees of SEENO and are negligently, legally, statutorily, vicariously, or otherwise responsible in some manner Tor the events and happenings herein referred to, and caused or is responsible for damages suffered by Plaintiffs, and Plaintiffs will ask leave of Court to amend this Complaint to show their true names and:.eapa6ities as well as to state appropriate charging allegations, when the same have been ascertained. Form Approved by the Judicial Council of California EffeclRule 982 1(3j 19b2 CAUSE OF ACTION—General Negligence CCP 425.12 i O T TITLE: CASE NUMBER: LYONS v. SEENO CONSTRUCTION ' (number) CAUSE OF ACTION—General Negligence Pape 5 ATTACHMENT TO nComplaint =Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff(name): JOSEPH: F. LYONS and BETTY I . LYONS alleges that defendant(name):-.l RAYMOND M. PARKER ®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): at(place): (description of reasons forliability): Defendant owns property adjacent to Plaintiffs ' , and between Plaintiffs ' property and the Lime Ridge development. After the development of Lime Ridge, RAYMOND M. PARKER installed on his property a 10-12" drainage pipe, which nine extends from the outlet of the concrete "V" ditches appurtenant to Lime Ridge to a discharge point on Plaintiffs ' proepty. In managing and controlling_ his own real property, RAYM I D r7. PARRER owes a duty of ordinary and reasonable care to avoid injuring neighboring property, including Plaintiffs ' . In installing the above-described drainaae pipe, RAY-21117D PARKER. breached said duty. As a proximate result of. Rpyl � pAp=lshreach, Plaintiffs ' pronerty has been damaged by diverted water runoff. The true anount of said damages is unknown to Plaintiffs at this time, but alleged to be in excess of .$15, 000, and Plaintiffs Dray leave of Court to amend this Complaint when said amount shall become known. DOES 21 through 30 , inclusive, were the agents and employees of pefendant RAYI+:OND PARKER and are negligently, legally, statutorily, vicariously, or otherwise responsible in some manner for the events and happenings herein referred to, and caused or is resnonsbile for .damage suffered by Plaintiffs, and Plaintiffs will ask leave of Court to amend this Comnlaint to show their true names and capacities, as well as to state appropriate charging allegations, when the sane have been ascertained. Form Approved by the .Judicial Council of California Effective vule 984 January3)1.1982 RCAUSE OF ACTION—General Negligence CCP 425.12 LYONS v. SEENO CONS'' CTION THIRD CAUSE OF ACTION—General Negligence Page 6 (number) . ATTACHMENT TO MComplaint Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff(name): JOSEPH. F. LYONS and. BETT Y I . LYONS alleges that defendant(name): KISA TOMS, KEVIN MORRISON and ®Does 31 to 100 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): at(place): (description of reasons for liability): Said Defendants are the owners of proverty adjacent to Plaintiffs ' real property. As such, Defendants owe a duty of ordinary and reasonable care in the management and control of their property to Plaintiffs. Said Defendants breached said duty by failing to exercise reasonable care in diverting runoff water from their property onto that. of Plaintiffs. As a proximate result of said breach, Plaintiffs. have . been damaged in that their property has been flooded and damaged by diverted runoff water. The true amount of said. damages is unknown to Plaintiffs and Plaintiffs pray leave of Court to amend this Complaint when the same shall become knwon. DOES 31 through 50, inclusive, were the agents and employees of said Defendants. DOES 51 through 100 , inclusive, are owners of property adjacent to that of Plaintiffs' and are responsible for Plaintiffs ' damages in the sarre manner as hereinalleged, and Plaintiffs will amend .this Complaint to state their true names and capacities= and appropriate charging allegations when the same shall become known. Form Approved by the Judicial Council of California EMeclRule 982 1(3j 1982 CAUSE OF ACTION—General Negligence CCP 425.12 F r I CERTIFICATE OF MAILING 2 I , the undersigned, .declare under penalty of perjury: 3 That I am a citizen of the United States , over the age of 4 18 and not a party to the within cause or proceeding; that I am 5 an employee of VAN DE POEL, STRICKLAND & HAAPALA, and my business 6 address is Lake Merritt Plaza`, 1999 Harrison Street, Suite 1100, 7 Oakland, CA• 94612; that I served a true copy of the attached: 8 CLAIM AGAINST COUNTY OF CONTRA COSTA 9 by placing said copy in An envelope addressed to: 10 COUNTY OF CONTRA COSTA Clerk of the Board of Supervisors 11 651. Pine Street, First Floor < Martinez , CA 94553 < g (Certified #P 139 915 346) < 12 0 "' V 13 COUNTY COUNSEL ATTORNEYS OFFICE iF tAo 651 Pine Street, First Floor N z ^ 14 Martinez , CA 94553 z a - (Certified #P 139 915 349) V Wt h 4 f ``c < o 15 OW < uz J F Y Z l < lz ., 16 O Y F z 0 17 18 19 ' 20 which envelope was then sealed and postage fully prepaid thereon, 21 and thereafter , on the date set forth below, deposited in the 22 United States mail at Oakland, California. (That there is delivery 23 service by United States mail at the place so addressed , or 24 regular communication by United States mail between the place 25 of mailing and the place so addressed . ) 26 Executed at Oakland , California, this 19th day of June , 27 1986. 28 Davojynn D. Liebig CLAN BOARD OF SUMVISDR.S OF 03M CWTA COMM. CALII061IA BOARD AC4'ION Claim Against the County, or District ) W MCE 70 CL UMANT July 22 , 1986 governed by the Hoard of Supervisors, ) The copy s t Mailed to you is your Routing Indorsements, and Hoard ) notioe of the action taken on your claim by the Action. All Section references are ) Board of &4WTisa rs (Paragraph IV, below), to California Government Codes ) given pursuant to Govenumt Code Section 913 and 915.4. Please note all *Warnings". Claimant: RAYMOND M, PARKER Attorney: van De Poel , Strickland & .Haan_ ala c/o Charles J. Maguire. Jr, Address: 1999 Harrison Street, Suite 1100 `�11tU2 31986 Oakland, CA 94612 By delivery to clerk on 6-20-864eaRift CA ga Amount: Indemnity (see claim). Date Recei ved:-2 0-8 6 By mail, postmarked on 6-1 9-86 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: 6-20-96 PHIL BATCHELOR,, Clerk, By Deputy II. FROM: County Counsel 70: Clerk of Board of Supervisors (Check only one) V-) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send Warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Deputy County Counsel III. F& Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Maim was returned as untimely with notice to claimant (Section 911.3). IV. BDARD WER By unanimous vote of Supervisors present (X) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of th Board's Order enteredin its mi s for this date. Ey � Dated: L 2 2 PHIL BATCHELOR, Clerk, , Deputy Clerk i AMM (Gov. Code Section 913) Subject to oertain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a oouDrt action on this claim. See Goverment Code Section 945.6. You may seek the advice of an attorney of your choice in oonneetion with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Hoard 70: (1) County Counsel, (2) County Administrator Attached are oopies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this doctment, and a memo thereof has been filed and endorsed on the Board's oopy 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 DATED: �JVLz 2 1§86 PHIL BATCHELOR, Clerk, By �- , Deputy Clerk . 1 JOHN E. HAAPALA CHARLES J . MAGUIRE, JR. 2. VAN DE POEL, STRICKLAND & HAAPALA Lake Merritt Plaza � d 3 1999 Harrison Street , Suite 1100 Oakland , CA 94612-3508 •[ 4 Telephone : (415) 763-2324 ✓�/N D 5 Attorneys .for Claimant CIL KB 1986 RAYMOND M. PARKER ey•• NT Y�TC E10 !. �SUp 7 8 CLAIM TO COUNTY OF CONTRA COSTA 9 TO: COUNTY OF CONTRA COSTA Clerk of The Board of Supervisors 10' 651 Pine Street , First Floor Martinez , CA 94553 < 11 < COUNTY COUNSEL ATTORNEYS OFFICE < 0 12 651 Pine Street, First Floor = g " N Martinez , CA 94553 w Q N W N 13 CLAIM: Indemnity arising from service of complaint entitled -<' aaNan14 � ZZN Joseph F. Lyons and Betty I . Lyons v. Albert D. Seeno Construction Vw ¢ .00a_ P Y y "��' oW < u .x 15 Company , Kisa Toms , Raymond M. Parker , Kevin Morrison, et al . , JF Y Z d 0 ` Jm < W 16 � r Action No. 276955 , filed in the Contra Costa County Superior LU Y 0 < 0 17 Court on September 11 , 1985 . 18 DATE CLAIM AROSE: RAYMOND M. PARKER was served as a defend- 19 ant in the Lyons action on May 10 , 1986 . 20 NATURE OF CLAIM: Indemnity for flood/property damage 21 and repairs of same. 22 FACTUAL BACKGROUND: RAYMOND M. PARKER owned property 23 located at 4345 Rose Lane in Concord , California up until 1985 . 24 To the rear and adjacent to the rear boundary of claimant ' s 25 property is and was located plaintiffs ' , LYONS ' , property at 26 4344 Cowell Road . Beside the plaintiffs ' property and adjacent 27 thereto is the property of KISA TOMS and KEVIN MORRISON. Uphill 28 • 1 from claimant ' s property in the direction of the Lime Ridge 2• subdivision (Subdivision 4554) are the properties of JOHN MATHEWS 3 at 4349 Rose Lane, JERRY JOHNSON at 4349 Rose Lane, and JAMES 4 WOODS at 4355 Rose Lane. Adjacent to the JOHNSON and WOODS 5 properties ' boundary is the Lime Ridge subdivision. 6 There are certain drainage improvements including concrete- 7 lined V-ditches on the northeast and northwest boundary of 8 the Lime Ridge subdivision from which empties drainage water 9 into a 12" pipe which runs on the WOODS , JOHNSON, MATHEWS and 10 former PARKER property and allows water to discharge onto the 11 rear portion of the LYONS property . 0 12 Claimant is informed and believes that the COUNTY OF CONTRA = o � nPi 13 COSTA is the prior owner and present owner. of the Lime Ridge Q F V f1 Z 0 J ` a " Z � 14 subdivision drainage improvements and allowed those drainage V > ¢ 0 0 a W R N � z , fr <0 15 improvements to dump water onto the downhill property which, 0 W < ux oaJ � zw 16 due to the water ' s concentrated strength and volume as well _ J h z 0 17 as changes in the Lime Ridge subdivision, caused the flooding z 18 of the lowest property between the Lime Ridge subdivision and 19 Cowell Road , i .e . , the LYONS property. 20 Claimant is also informed and believes that as owner of 21 the drainage improvements in the Lime Ridge subdivision which 22 in turn dump water into the pipe and through the drainage channel 23 on the downhill properties , that the COUNTY OF CONTRA COSTA 24 gained a prescriptive easement , or right of use, or license 25 to use, the downhill properties with a concomitant duty of 26 maintaining that easement . Further, COUNTY OF CONTRA COSTA 27 was the owner of a storm drain culvert on Rose Lane which dumped 28 water downhill into the same area adjacent to claimant ' s former -2- 1 property. Claimant is informed and believes that the COUNTY 2 OF CONTRA COSTA did not maintain the easement since it turned 3 into a flooded area rather than a drainage channel . 4 In addition, claimant is informed and believes that the 5 configuration of the drainage system at . the Lime Ridge subdivision 6 constitutes an unreasonable use of that property, and as owner 7 of the drainage system, the COUNTY OF CONTRA COSTA was negligent 8 in allowing large quantities of water to discharge onto the 9 downhill properties and to cause flooding. 10 Claimant is also informed and believes that the present < 11 condition and the condition at relevant times of the drainage J < = 0M 12 improvements at the Lime Ridge subdivision constitute a nuisance aNW0N 13 which the COUNTY OF CONTRA COSTA did not abate. 7- -j a v S � m tZQ atiz �, 14 Claimant is also informed and believes that said drainage v > aoo ? Wsystem constitutes a dangerous condition of public property. V) 0 f < 0 15 o W Q U I LU W 16 Claimant claims that. these drainage improvements proximately a J �_ F 0 0 17 caused or contributed to flooding on plaintiffs ' property and z 18 caused property damage and the plaintiffs to incur repair costs . 19 Claimant is informed and believes that the damages incurred 20 by the plaintiff occurred between 1981 and 1985 , particularly 21 in the winters of those years . 22 Claimant seeks total indemnity and/or comparative indemnity 23 from CONTRA COSTA COUNTY. A copy of the plaintiffs ' complaint 24 against claimant is attached hereto to inform the COUNTY OF 25 CONTRA COSTA in more detail of the plaintiffs ' allegations . 26 DAMAGES: The amount of indemnity has not been ascertained 27 at this time but claimant is informed of a $13 ,000 payout for 28 repairs by Allstate Insurance Company to the plaintiffs and -3- i 1 was also informed that plaintiffs are seeking approximately • 2• $5 ,000 more for repairs which have not yet been undertaken. 3 Thus , claimant believes that the amount of indemnity will be 4 at least $18 ,000 . 5 FURTHER NOTICES: All further notices should be sent care 6 of claimant' s attorney , John Haapala, Van De Poel , Strickland 7 & Haapala, 1999 Harrison Street , Suite 1100 , Oakland , California 8 94612 , telephone (415) 763-2324 . 9 DATED : June 19 , 1986 10 VAN DE POEL, STRICKLAND & HAAPALA < 11 l J < a m 12 B _ 0 "• ° CHARL S JJ. UIRE ,JR. a "' W 13 Attorneys f& C1 ant zJ J °i RAYMOND M. PARKER Ln< Q a m Q n 14 J F V > ¢ O O a W W N 4 � � F � ao 15 0 W a u I J F Y = a ooaJm7J 16 Q W � J F W Y 0 17 z 18 19 20 21 22 23 24 25 26 27 28 -4- r ? ( ,,/TAC/ON JUn C/ALJ SEF 13 ` . prop couR7 us.ONLY NOTICE TO DEFENDANT. (Aviso a Acusado) (so(o MaA(rro or 14 coarrr ALBERT D. SFENO CONSTRUCTION COMPANY, a corporation; KISA TOMS; RAYMOND M. PARKER; KEVIN MORRISON, and DOES 1 through 100 , inclusive YOU ARE BEING SUED BY PLAINTIFF: (A Vd. k esti demandando) JOSEPH F. LYONS and BETTY I . LYOI•]S , husband and wife -You have 30 CALENDAR DAYS after this sum- Despu6 de que le entreguen esta citacidn judicial usted mons Is served on you to file a typewritten re- tiene un plaro de 30 DIAS CALENDARIOS para presenter sponse at this court. una respuesta escrita a miquina en esta torte: A letter or phone call will not protect you; your Una Carta o una Hamada telef6nica no le ofreceri typewritten response must be In proper legal proteccidn; su mspuesta escrita a mfquina tiene que form H you went the court to hear your case. cumplir con las formalidades legiles apropiadas si usted K you do not file your response on time,you may quiere que la torte escuche su Casa lose the case, and your wages, money and pro- Si usfed no presenta su respuesta a tiempo, puede perder perty may be taken without further warning from el casq y k pueden quitar su salariq su dinero y otras cocas the court. de su proptedad sin avlso adicional por parte de la torte. There are other legal requirements. You may Existen otros nquisitos kSales. Puede que usted quiera want to call an attorney right away. H you do not l/amar a un abogado innrediatamente. Si no conoce a un know an attorney,you may call an attorney refer- abogado, puede llamar a un servicio de referencia de rat service or a legal aid office(Gated in the phone aboggados o a una o>!cina de ayuda legal(wa el dimdorio book). telefdnico). CASE NUMBER. (NJnKro&W Gw) The name and address of the court is: (El nombre y direcci6n de la torte es) 6 9 5 5 Contra Costa Countv Sunerior Court 725 Court Street P. O. Box 911 Martinez, CA 94553 The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: (El nombre, la direcci6n y el numero de teldfono del abogado del demandante, o del demandanre que no tiene abogado, est Robert L. Grant, Esq. Law Offices of Grant & Sternberg 3478 Buskirk Avenue, Suite 220 Pleasant Hill, CA 94523 Telephone: (415) 946-1400 e P. C., DATE: SEP .�� Clerk, by Deputy (Fecha) (Actuario) (De/egado) prAy NOTICE-=O THE PERSON SERVED: You are served 1. as an individual defendant. 2. as the person sued under the fictitious name of fspeclfy): 3. 0 on behalf of fspeclfy): under. CCP 416.10 (corporation) CCP 416.60 (minor) CCP 416.20 (defunct corporation) CCP 416.70 (conservatee) CCP 416.40.(association or partnership) CCP 416.80 (individual) other. 4. 4,�-J by personal delivery on !date): fv-AdWed k Nub 0412 (see reverse for Proof of service) A06cal ce%pxl of Como"" e62101191 P%w.burry 1. 19841 SUMMONS CCP 412.20 ATTORNE`►'i'rt r^"IY w11MVU1 AI IVB 4LT t­L r ....... . ....� ...... Davi8 ?i: Sternberg, Esq. (415) 946-1400. L,aw .Of.f ices of Grant & Sternberg ' 3475 9uskirk Avenue, Suite 220 Pleasaht* Fill , CA 94523 [' ATTORNE,T FOR(NAME) P1a1nt1ffS LYONS r Insert name of court,judicial district or branch court,if any,and post office and street address: Contra Costa County Superior Court �t � 725 Court Street J.R. OLSS014. Cal-inly Clerk P. O. Box 911 CONTRA COST A COUNT'( Martinez, CA 94 553 s Lee. Deputy PLAINTIFF: JOSEPH F. LYONS and BETTY I . LYOi]S , husband and wife DEFENDANT: ALBERT D. SEE710 COI STRLCTIO?•3 COMPATIY, a ccro_ oration; YISA TOMS; RAYMOND M. PARKER; KEVIN MORRISON ®DOES 1 TO 2Za_ 1,tle,Z_ S/01!5- COMPLAINT--Personal Injury, Property Damage, Wrongful Death CASE NUMBER: Q MOTOR VEHICLE ®OTHER(specify): ®Property Damage Q Wrongful Death 276955 �'2 7 6 9 5 5 QPersonal Injury Q Other Damages(specify): 1. This pleading, including attachments and exhibits, consists of the following number of pages: 2. a. Each plaintiff 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): =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): =Except plaintiff(name): Q4 corporation qualified to do business in California =an unincorporated entity(describe): Qa public entity(describe): Qa minor 0 an adult Q for whom a guardian or conservator of the estate or a guardian ad litem has been appointed ED 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 CouncilSmuof 1.1California COMPLAINT—Personal Injury, Pro rt Damage, E„ect twe 982 1(1)toez Wrongful DatYCCP 425.12 SHORT TITLE: i� r CASE NUMBER. .. LYONS V. SEENO CONSTRUCTION COMPLAINT—Personal Injury. Property Damage.Wrongful Death Page two 3. a. Each defendant named above Is a natural person ® Except defendant(name): Q Except defendant(name): ALBERT D. SEENO CONSTRUCTION COMPANY []a business organization, form unknown [:]a business organization,form unknown Q a corporation Q a corporation Q an unincorporated entity(describe): Q an unincorporated entity(describe): Q a public entity(describe): Q a public entity(describe): Q other(specify): Q other(specify): Q Except defendant(name): []Except defendant(name): Q a business organization, form unknown Qa business organization,form unknown Q a corporation Qa corporation Q an unincorporated entity(describe): =an unincorporated entity(describe): Q a public entity(describe): =a public entity(describe): []other(specify): Q other(specify): b. The true names and capacities of defendants sued as Does are unknown to plaintiff. c. Q Information about additional defendants who are not natural persons is contained in Complaint— Attachment 3c. d. Q Defendants who are joined pursuant to Code of Civil Procedure section 382 are(names): I. Q Plaintiff is required to comply with a claims statute,and a. Q plaintiff has complied with applicable claims statutes, or b. f7 plaintiff is excused from complying because(specify): S. This court is the proper court because [3] 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. [R) injury to person or damage to personal property occurred in its jurisdictional area. Q other(specify): 6. Q The following paragraphs of this complaint are alleged on information and belief(specify paragraph numbers): (Continued) Page two B-1(2) SI"1dii- TITLE: i." (' CASE NUMBER tt LY`0NS v. SEENO CONS' ,:TION \.. COMPLAINT—Personal Injury,Property Damage, Wrongful Death (Continued) Page three 7. Q The damages claimed for wrongful death and the relationships of plaintiff to the deceased are Q listed in Complaint—Attachment 7 =as follows: S. Plaintiff has suffered r Q wage loss ©loss of use of property Q hospital and medical expenses ®general damage Co property damage Q loss of earning capacity Q other damage(specify): 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 for ®compensatory damages ®(Superior Court)according to proof. Q(Municipal and Justice Court) in the amount of$ Q other(specify): 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.) Q Motor Vehicle ®General Negligence Q Intentional Tort Q Products Liability Q Premises Liability Q Other(specify): JEFFREY V. JENSEN (Type or print name) (Signature of plaintiff or attorney) COMPLAINT—Personal Injury, Property Damage, Page three Aub 982.1(1)(cont'd) Wrongful Death(Continued) CCP 425.12 THORT 1ITLE: CASE NUMBER. LYONS v. SEENO CONSTRUCTION * _ FIRST CAUSE OF ACTION—General Negligence Page 4 (number) ATTACHMENT TO =Complaint =Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff(name): JOSEPE F. LYONS and BETTY I . LYONS alleges that defendant(name): ALBERT D. SEENO CONSTRUCTIOi1 COMPAPIY, hereinafter referred to as "SEENO" , and [:R Does 1 to 20 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): at(place): (description of reasons for liability): Defendant SEENO was the developer of a subdivision known as "Lime Ridge" , which lies roughly adjacent to, and upslope from, Plaintiffs ' real property. The natural water drainage course prior to said developement traversed the property comprising the subdivision. As part of the construction, SEENO built concrete-lined "V" ditches along the boundary of the subdivision. As a developer, SEENO owes a duty of ordinary and reasonable care to surrounding land owners in building housing projects. SEENO breached this duty by failing to investigate the consecuences to Plaintiffs of constructing the above-described "V" ditches and by failing to investigate alternative watershed plans. As a proximate result of said Defendant' s breach, Plaintiffs ' property has suffered extensive flooding and damage due to diverted runoff. The true amount of said damages is unknown to Plaintiffs at this time, but alleged to be in excess of $15, 000, and Plaintiffs pray leave of Court to amend this Complaint when said a=mount shall become known. DOES 1 through 20, inclusive, were the agents. and employees of SEENO and are negligently, legally, statutorily, vicariously, or otherwise responsible in some manner for the events and happenings herein referred to, and caused or is responsible for damages suffered by Plaintiffs, and Plaintiffs will ask leave of. Court to amend this Complaint to show their true names and;-capacities as well as to state appropriate charging allegations, when the same have been ascertained. Form Approved by the Judicial Council of California EnedRu 982 1(3) 1982 CAUSE OF ACTION—General Negligence CCP 425.12 uHOFiTTITLE: CJ CASE NUMBER: • LYONS v. SEENO CONSTRUCTION (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-1. Plaintiff(name): JOSEPH F. LY014S and BETTY I . LYONS alleges that defendant(name):,.i RAYMOND M. PARKER ®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): at(place): (description of reasons for liability): Defendant owns property adjacent to Plaintiffs ' , and between Plaintiffs ' property and the Lime Ridge development. After the development of Lime Ridge, RAYMOND M. PARKER installed on his property a 10-12" drainage pipe, which pine extends from the outlet of the concrete "V" ditches appurtenant to Lime Ridge to a discharge point on Plaintiffs ' proepty. In managing and controlling_ his own real property, -,tA O:dD 11. PARKER owes a duty of ordinary and reasonable care to avoid injuring neighboring property., including, Plaintiffs ' . In installing the above-described drainage pipe, RANTMOUD PARKERbreached said duty. As a proximate result of RAyI4GND pppy:ER,sbreach, Plaintiffs ' p_ rooerty has been damaged by diverted water runoff. . The true amount of said damaaes is unknown to Plaintiffs at this time, but alleged to be in excess of $15, 000, and Plaintiffs pray leave of Court to amend this Complaint when said amount shall become known. DOES 21 through 30, inclusive, were the agents and employees of pefendart RAYMOND PARKER and are negligently, legally, statutorily, vicariously, or otherwise responsible in some manner for the events and happenings herein referred to, and caused or is resnonsbile for danage suffered by Plaintiffs, and Plaintiffs will ask leave of Court to arend this Comnlaint to show their true names and capacities, as well as to state appropriate charging allegations, when the same have been ascertained. Form Approved by the Judicial Council of California E"ectRu January 3) 1982 CAUSE OF ACTION—General Negligence CCP.zs.12 v .v ..LYONS v. SEENO CONST CTION TH;RD CAUSE OF ACTION—General Negligence Page 6 (number) ATTACHMENT TO QComplaint =Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-t. Plaintiff(name): JOSEPH. F. LYONS and. BETTY 1 . LYONS alleges that defendant(name): KISA T OIMS , KEVIN lorORRISON and ®Does 31 to 100 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): at(place): (description of reasons for liability): Said Defendants are the owners of property adjacent to Plaintiffs ' real property. As such, Defendants owe a duty of ordinary and reasonable care in the management and control of their property to Plaintiffs. Said Defendants breached said duty by failing to exercise reasonable care in diverting runoff water from their property onto that of Plaintiffs. As a proximate result of said breach, Plaintiffs have been damaged in that their property has been flooded and damaged by diverted runoff .water. The true amount of said damages is unknown to Plaintiffs and Plaintiffs pray leave of Court to amend this Complaint when the same shall become knwon. . DOES 31 through 50, inclusive, were the agents and employees of said Defendants. DOES 51 through 100 , inclusive, are owners of property adjacent to that of Plaintiffs' and are responsible for Plaintiffs ' damages in the same manner as hereinalleged, and Plaintiffs will amend this Complaint to state their true names and capacities_ and appropriate charging allegations when the same shall become known. Form Approved by the Judicial Council of California E"ectRu c 982 t(3j 1982 CAUSE OF ACTION—General Negligence CCP 425.12 I CERTIFICATE OF MAILING 2 I , the .undersigned, ' declare under penalty of perjury: 3 That I am a citizen of the United States , over the age of 4 18 and not a party to the within cause or proceeding; that I am 5 an employee of VAN DE POEL, STRICKLAND & HAAPALA, and my business 6 address is Lake Merritt Plaza, 1999 Harrison Street, Suite 1100, 7 Oakland, CA- 94612; that I served a true copy of the attached: 8 CLAIM AGAINST COUNTY OF CONTRA COSTA 9 by placing said copy in an envelope addressed to: 10 COUNTY OF CONTRA COSTA Clerk of the Board of Supervisors < 11 651 Pine Street , First Floor Martinez , CA 94553 12 (Certified #P 139 915 346) < 0 < n `O � N W o " 13 COUNTY COUNSEL ATTORNEYS OFFICE Z 0 �+ 651 Pine Street , First Floor ` " z n 14 Martinez , CA 94553 MZ 11fU >- ¢ O � g (Certified #P 139 915 349) V > W Q YI W v~irL :Eaio 15 0 W < U 2 W f < Z 's W J °iz -' 16 0_ J F W Y < 0 17 Z 18 19 20 which envelope was then sealed and postage fully prepaid thereon, 21 and thereafter, on the date set forth below, deposited in the 22 United States mail at Oakland, California . (That there is delivery 23 service by United States mail at the place so addressed , or 24 regular communication by United States mail between the place 25 of mailing and the place so addressed . ) 26 Executed at Oakland , California, this 19th day of June , 27 1986 . 28 ^ � Davkynn D. Liebig , CLAD4 BOARD OF SUMVISOiRS OF CNW CMA COMM, CEMUNIA BQAAD ACTION Claim Against the County, or District ) 1E1'!'ICE 70 CLAI14W July 22, 1986 governed by the Hoard of Supervisoars, ) The oopy s document- led to you is your. Routing Endorsements, and Board ) notioe of the action taken an your alai m by the Action. All Section references are ) Board of Supervisors (Paragraph I90 below), to California Government Codes ) given pursuant to Goveroeent Code Section 913 and 915.4. Please note all wftrnirm" Claimant: TERRI JACKSON "04 J(/ �u�sel Attorney: N 231986 Address. 425 8th Street, Ant. A, Richmond, EA 94801 4br6ft C4 Hand deliv9 Amount: $27 . 99 BY delivery to clerk on 6-20-86 Date Received: 6-20-86 By mail, postmarked an no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: 6-20-86 PHIL BATCHELOR, Clerk, By Deputy _ L. Hall 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. : Clerk of the Board TO: (1) unty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD OMER By unanimous vote of Supervisors present (X) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the/Board's Order entered in its �J u�. 1986 at Pr s PHIL BATOMOR, Clerk, - �`V�-C� , Deputy Clerk Dated: By WARN M (00v. 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 oourt 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 Hoard 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning claimant's right to apply for leave to present a late claim was mailed DATED:toJUL 2 2 1986 PHIL BATCHELOR, Clerk, By G Deputy Clerk ..CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COp� '�yapplication to: Instructions to Claimant0erkotthe Board .0.Box 911 Martinez.Califomla 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.20, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end or form. RE: ClaJW by )Resery C amps b Lefty , eo .vo ECEIVED Against the COUNTY OF CONTRA COSTA) JUtJ� 198C5 or DISTRICT) 14 ATCMELOR (Fillin name ) A" OF SUPERVISORS The undersigned claimant hereby makes claim against the Count ► of Contra Costa or the above-named District in the sum of $ and in support of this�. claim-represents-as follows: ------------------------ ------ --------------------When did the damage or injury occur? (Give exact date and hour]---- • _ !lam_ •�_ � G-L.�c«� /•/�� '' "�. ere did the damage or in3vey occur (Incleue-'�_ci�yaa-;ounty] 37-ii did the damage or nJury occur r Give u1S etali -,"use extra beets ifrequired) 4. What particular act or o ssion on t part of county or district officers, servants or a loyees caused the injury or damage? (over) . 5. What are the names of county or district officers, servants or employees causin the d ge njury? /17 44 ---- ------ -r- T ------r- --- -- ------ ----- 6. What damage or �n� ie o you claim re lte� Give dull ex nt of injuries of d ges claimed. . Attac two stimates for au damage) --- - ;-: - - 7F--- -- -- -- - - ---------- -- ---- ----- -- - 7. Sow wathe amoucla ed above computed? (Include the estimate amount of any prospective injury or damage. ) _ ` z --------------- 6. Names and 30 s of witnesses doctors and hos itals. �S. List the expen�ifures -�iou made on account of this accident or injury: Imp - r T _� � + 1 t ; ITEM AMOUNT 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 rPi, /• �,�LI G�f$Q/j� Clazma tSignature • ?J= , . Add ess Q Telephone o. Telephone No. .;9Z, WOTICE M 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. " t � CLAIM BOARD OF SVPFRVISORS of 03M COMA ooM, CA1.II^o1dPIA BOARD acrroN Claim Against the County, or District ) YMCE 10 CLAI?u" July 22, 1956 governed by the Hoard of Supervisors, ) The copy s t mailed to you is Your Routing Zndorsementa, and Board ) notice of the action taken on your claim by the Action. All Section referenoes are ) Board of Supervisors (Paragraph IY, below), to California Goverrment Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all wd8rni0q&Mty(wse1 Claimant: JACK C . RUNNION, MOLLIE RUNNION, JOSEPH RUNNION JUN 2 3196 Attorney: Jack C. Runnion f4stir et. CA 94553 Address: 1900 Powell St . , No. 101 , Emeryville, CA 94608 Amount: See (.Sec. -E) of claim. BY delivery to clerk on 6-23-86 - hand delivered Date Received: 6-23-86 By mail, postmarked On no enve l o n e I. FROM: Clerk of the Hoard of Supervisors 710: Canty Counsel Attached is a copy of the above-noted claim. Dated: 6-23-86 PHIL BATCHELOR, Clerk, By Deputy II. : 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: puty County Counsel III. OM: Clerk of the Board T0: (1) Cog/ty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (�) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy oftBoard's Order entered in its minire r19t�is date. ;W- -�/ Dated: PHIL BATCHELOR, Clerk, By �/'/t , Deputy Clerk iiARr M (Gov. Code Section 913) Subject to certain exoeptions, 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 o=eetion with this matter. If you want to consult an attorney, you should do so immediately. V. FRONT: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are oopies 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 ent a late claim was mailed to aimant. DATED: . L 2 2 14R� PHIL BATCHELOR, Clerk . . , BY , Deputy Clerk e° E RECEIVED I JACK C. RUNNION RECEIVED ATTORNEY AT LAW 2 PROFESSIONAL LAW CORP. JUri '?85 WATERGATE TOWER (y 444_ L NATCMEIOR C1 K 3 1900 POWELL ST. NO. 101 R 00 UUPERVISORS 420-1122 my • 4I 5 6 CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA 7I RE: CLAIM BY JACK C. RUNNION, 8i MOLLIE RUNNION, JOSEPH RUNNION, / 9 10 TO THE CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COS A. II JACK C. RUNNION, MOLLIE RUNNION, AND JOSEPH RUNNION, and each 12 of them, hereby prsent the following claim for damages against the 13 County of Contra Costa. 14 A) The name and post office address of each of the Claimants ar : 15 Jack C. Runnion, Mollie Runnion, Joseph Runnion, Watergate Tower, 1900 Powell St. , no. 101, Emeryville, Ca. 94608 16 B) The post office address to which each of said Claimants pre- 17 senting their claim desires notices to be sent is : 18 Watergate Tower, 1900 Powell St. no. 101, Emeryville, Ca. 9430E 19 C) The date, place and other circumstances of the occurrence 20 which gave rise to the claims asserted are: On or about March 24 , 1986 , the County of Contra Costa negle 21 gently, carelessly and recklessly employed, trained, super- vised and controlled Lafayette Police Officers K. Whitlatch, 22 C. Chew, Gilbert and W. Welti, so as to negligently, careles l� and recklessly proximately cause said police officers to 23 terrorize Claimants , and each of them, in that, among other things, said police officers intentionally, wantonly wifh:.a 24 reckless disregard for the life and safety of Claimants, in- tentionally, and negligently and recklessly committed, among 25 other things, each of the following acts and omissions on March 24, 1986 / at the residence of Claimants at 3744 St. IACK C RUNNION 26 Francis Dr. , Lafayette, California. \ttorney At LA* rrofettonal Vw Corponfion 1. a a) Entered onto Claimants ' real property at 3744 St. Franc ' s Dr. , Lafayette, Ca. without any legal authority to do s . 2 b) Entered into the enclosed back yard of Claimants' real property without any legal.: authority to do so. 3 c) Stormed the rear door of Claimants ' home and forcibly entered into Claimants ' home without any legal authorit - 4 d) Committed a battery upon Joseph Runnion by striking him. d) Assaulted each of the Claimants by threats , use of thei 5 bodies and police clubs. e) Ordered Claimants ' movements and actions within their hcme 6 f) Forcibly moved and restricted the movement of the Claim- ants within their home by use of threats, their bodies 7 and police clubs. g) Refused to leave Claimants ' home as requested. 81 h) Threatened to arrest Jack C. Runnion. i) Assaulted and battered a guest in Claimants ' home and 9 forcibly restrained and removed him from Claimants ' hom 1) By the aforsaid acts and omissions publicly embarassed 10 and humilated Claimants in front of their friends, neighbors and their community. II D) A General description of the injury, damage, or loss involved 12 is. 13 a) Unlawful trespass onto Claimants ' real property. b) Unlawful trespass into Claimants ' real property. 14 c) Unlawful damage to Claimants; real property and household furnishings. 15 d) Unlawful assault to each of the claimants. e) Unlawful battery to the body of Claimant Joseph Runnion. 16 f) False imprisonment of each of the Claimants. g) Unlawful violation of the rights of Privacy of ClaimantE . 17 h) Unlawful disturbance of the peace of Claimants . i) Unlawful violation of the Civil Rights of Claimants. 18 k) Intentional and negligent infliction of physical and emotional pain and suffering to each Claimant. 19 1) Outrageous and violent conduct by said police officers. 20 D) The names of the Public Employees causing the injury and dam- ages are: 21 Lafayette Police Officers, K. Whitlatch, C. Chew, Gilbert, 22 and W. Welti. 23 E) The amount of damages claimed and the basis of Computation a e : 24 General damages in the sum of $500, 000 . 00 for each Claimant for physical pain and emotional distress and suffering and 25 for property damages . 26 Dated: June 24 ,` 1986 . B Y.- 26 C RUNNION C. RUNNIO , ATTORNEk1tolneyla—Al LarR CLAIMANTS. 'ro(.auonal Lar Corponuon 2. .�; a.Aas WARD OF SDMV SflRS Or COM COSTA CjRRt'tT, CALIlC'By�IA ON AND AS THE GOVERNING BOARD OF THE CONTRA COSTA OUNIf Lhe Maim AgainstAgainstOCounty.R AND0J7A)TER CONSERVAJJ,f.�l`&DJ6W_�%n July 22 , 1986 or governed by the Board of Supervisors, ) The OW s t miled to you is your Routing Endorsements, and Board ) notice of the action tabes on your alms by the Action. All Section references are ) Board of Supervisors (Paragraph I9, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all wWarniaW. Claimant: ROBERT J, AND SHEYLA M-, KANTOR County Counsel Attorney: JUN 2 51986 Address: 11 Heather Lane �a�jngl, CA 94553 . Amount. Orinda, CA 94563 By delivery to clerk on June 2G-, 1r,RF, $46, 200 . 00 Date Received: June 24, 1986 By mail, postmarked on June 23 ' 1 9R6 I. : Clerk of the Hoard of Supervisors 710: County Counsel Attached is a copy of the above-noted claim. Dated: 6--24-86 PHIL BATCHELOR, Clerk, By �eputy II. : County Counsel T0: Clerk of the Board of Supervisors (Check only one) a2« (X) 0 s claim c:am substantially with Sections 910 and 910.2, 7� // (J U ( ) This clack FAILS todrysu tantially 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 an 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 Hoard TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BDARD OMER By unanimous vote of Supervisors present (�) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy o Board's Order e_nT7wQ in its sin or this date. Dated: 72 PHIL BATCHELOR, Clerk, By , Deputy Clerk VARNING (Gov. Code Section 913) Subject to certain ezoeptions, you have only six (6) months from the date of this wtioe res personally served or deposited in the sail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorrwy of your ohoioe in mmeetion with this matter. If you rant to oonsult. an attorney, you should do so i®ediately. V. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action an this claim by mailing a copy of this docu mt, 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 ent a late claim was mailed to claimant. DATED: JUL 2 2 148S PAIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) j s CLAIM TO: BOARD OF 5UFBHv1bu1tb Or CONTRA c:c#J_'-§1i9Fapplication to: Instructions to ClaimantC!erk of the Board Martinez.California 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end or—this form. RE: Claim by )Reserved for Clerk's fi ' g stamps Robert J. and Sheyla M. Kantor r/�,0 A�ED ) REC, Against the COUNTY OF CONTRA COSTA) JUN 07J/1986 i ) or Contra Costa Flood DISTRICT) R,19F c"EFi 1n name ) a ... 6W �" The• undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $__46 ,200. 00 (may be higher) and in support of this claim represents as follows: ------------------------------------------------------------------- ---- 1. When did the damage or injury occur? (Give exact date and hour] February 22, 1986 Where did the damage or in3ury occur? (Include city and county) Orinda, County of Contra Costa 3. How did the damage or injury occur? (Give 1u11 details, use extra sheets if required) Landslide - See attached engineers report. ------------ :-------------- -- -----------=------------------T---T----- 4. What particular act or omission on the part of county or district officers; servants or employees caused the injury or damage? Failure of the Contra Costa Flood Control in maintaining San Pablo Creek. See attached engineer' s report. (over) t 5. What are the names of county or district officers, servants or' _ employees causing the damage or injury? Contra Costa Country Flood Control. ------------------------------------------------------------------------- ' 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Loss of real property due to landslide. See attached engineer' s report. ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Based on the amount of an SBA loan that was obtained. The amount may be higher to repair and prevent future occurrences. ------------------------------------------------------------------------- B. Names and addresses of witnesses, . doctors and hospitals. ---- ----------------------------------- -------------------------------- 9. L st the expenditures you made on account of this accident or injury: r RATE• ITEM AMOUNT 'r t 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 aimant s SignpXure 11 Heather Lane Addre Orinda, CRj 194563 Telephone No. Telephone No. '(415)_254-7270 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. " f� LANDSLIDE DAMAGE TO THE KANTOR RESIDENCE LOCATED AT 11 HEATHER LANE IN ORINDA, CALIFORNIA h Seidelman Associates, Inc. SEIDELTI AN ASSOCIATES, INC . SOILS AND FOUNDATION ENGINEERS• ENGINEERING GEOLOGISTS• CIVIL ENGINEERS• SURVEYORS 90 Devon Avenue - Pleasant Hill, California 94523 • (415) 930-0646 April 30, 1986 Ms. Pat Dlugokenski Aetna Life and Casualty P.O. Box 8090 , 201 North Civic Drive Walnut'Creek, California 94596 Subject: Laridsl ide Damage to the Kantor Residence Located at 11 Heather Lane in Orinda, California. Dear Ms. Dlugokenski , At the request of Ms. Sheila Kantor, we visited the above described residence, on February 19, 1986, to perform .a reconnaissance inspection of the property. On Friday, March 14, 1986, we returned to the site to further investigate those items which may have contributed to the occurrence of landsliding. The purpose of our investigation has been to determine the cause(s) of landsliding, ' as well as the existence of imminent peril to the homes and properties adjacent to the landslide. . The scope of our investigation included a visual Inspection of natural and man-made surface and drainage features; a review of pertinent geologic maps and stereo-paired, aerial photography; and 1 an interview with the present owner, Ms. Kantor. It is our understanding that the landslide occurred during the severe storm in February, 1986. Additionally, Ms. Kantor ' indicated that broken drainage lines were- observed discharging onto the slide mass shortly after the movement occurred. ' This report presents the findings and conclusions of our visual inspection of, the property. General Site Location The Kantor property is located In Township 1S and Range 3W of the 7. 5 minute, U.S.G.S. , Oakland East Quadrangle, topographic sheet. This map indicates that the property is situated on a southeast- facing slope, adjacent to the .confluence of 2, small , ephemeral draws which flow to the southwest. Site elevations range between 590 and 620 feet above sea level . Slopes in the area are generally moderate to mild. The Kantor property is vegetated with a variety of ornamental plants and shrubs, as well native grasses and plants in the :surrounding areas. Rainfall in the area ranges between 12 and 14 inches annually (Rantz, 1974). 2- Seidelman Associates, Inc. General Geologic Background and Stream Processes The Kantor property Is underlain by a relatively thin mantle of colluvial soils underlain by geologically young, sedimentary rocks of the Contra Costa Group (Radbruch, 1969) . The colluvium was deposited, in the drainage course now traversed by San Pablo Creek, primarily by mass wastin9 Processes. The incised channel in which San Pablo creek flows, was initially formed in response to regional uplift of the area. It is important to understand thaf these earth processes and resultant land forms define the setting, but they have occurred over a period of time that Is essentially infinite when compared to the age of the home and associated improvements on and adjacent to the property. Changes "in the stream-bank stability, however, occur quickly and can have dramatic effects on adjacent developments. Th underlie subject The colluvial and bedrock materials, which and lia the property, are easily eroded by stream flow. The configuration of the channel (steep sided) makes it more susceptible to mass " failures such as the one that has occurred on the property. Additionally, a basic rule that governs stream channel evolution is that the stream tends to erode along the outside bank of a bend, or meander, in the channel . 3 E; Seidelman Associates, Inc. General Site Conditions The Kantor residence is located in the headwater area of the San 6. Pablo Creek, near a confluence in the drainage (Photo 1 ). The drainage channel Is incised in the vicinity of the Kantor home and, as a result, steeper slopes have been produced adjacent the creek. The home is situated on a southeast-facing slope, near the bottom of a small , southeast-trending, spur ridge. The house is located on a gentle slope, which breaks just downhill from the structure, to the creek. The topography directly adjacent to the house structure has been altered ( leveled) to provide access around the house, as well as a recreation area/sport court. A second home, located to the :southwest and uphill from the Kantor home, has been constructed In the vicinity of the subject landslide. Additionally, a vacant lot is situated on the west side of the subject property, to the uphill side of the Kantor house. The area surrounding the Kantor residence was inspected for drainage characteristics, including paths of surface runoff for concentrated .storm waters. During this phase of our Investigation, we observed a number of drainage inadequacies. The k1 uphill , neighborin home was observed to have a gully extending 9 9 Y 9 from beneath the house (Photo. 2) , and flowing towards the headscarp of the subject landslide. Water. flowing in this gully presumably originates from the roadway and driveway upslope from 4 �; Seidelman Associates, Inc. '� i� •t. '� r�i� tib: wt � � ��,•.i!\�P.• •• 17 I ` ♦ �• looking upstream, of • 0' S' i •• t Al E. • • PHOTO t • �. , •fes� i .�i r. _ fit Drainage gully extending from beneath the foundation for the uphill, neighboring property. 86051/KA.N-rOR Gh-�. 5/6/86 ►Moto •: 2 . the house. Additionally, roof downspouts .from this house have been tied to leaders which extend only part way down the hillslope (Photo 3). This water then flows towards the headscarp, as well . Proper disposal of surface runoff from the Kantor residence is, generally, adequately provided. A number of roof downspout leaders convey roof water to the stream channel . Other areas that will tend to concentrate storm waters are not in the vicinity of the landslide with the exception of the sport court. The sport court, located adjacent to the head of the debris flow, does not appear to direct water in any particular direction. It is likely that some water concentrated on the court will flow into the area of the slide. Finally, Ms. Kantor reported that just subsequent to the original movement of the debris flow, a drainage p.lpe extending from beneath the sport court was observed to be broken and discharging water onto the slide mass. Mr. Kantor then attached a flex-drain-line leader onto this brokenipe, to convey the water to the stream channel . P Y Landsllding, which occurred in February, 1986, consists of an apparently shallow, debris flow. Slide movement is confined within the steepened slope, adjacent to the drainage channel . Additionally, it appears that the sliding is limited to the soil materials, overlying bedrock. An inspection of the stream channel revealed that the channel has undergone recent, downcutting type erosion, or scour, in the vicinity of the debris flow. Additionally, 5 Seidelman Associates, Inc. A1, vc ft sir\ `S .:•p `.. '`'fit:.', 1fi •1 all �� •e,�;.�. ,. �•. Lam► � ��C.�_' Arrow points to discharge of roof downspout leader. Note the drain- age Path through the grass. I 1 PROJECT ♦: 86051/KkN70R VALE: 5/6/86 PHOTO •: 3 SEIDELMAN ASSOCIATES, INC. ��otac�n�ca� cana�etant� F the direction of the flow, resulting from the location of the confluence in the stream, has created an outside meander In the vicinity of the toe of the slide. While we could not observe the toe area prior to slide activity, it is reasonable to assume that lateral erosion has affected the stability of the slope, as well . 6 Seidelman Associates, Inc. Conclusions The causes of the sliding of. the channel bank are probably related to several factors. First, it is natural for a creek to erode the channel bank along the outside meander of the channel and deposit materials along the inside meander. However, It has been our experience that stream-bank erosion has accelerated in recent years along this and several other reaches of San Pablo Creek. This .acceleration occurs as a result of changes in stream hydrology. In this area, recent changes in stream hydrology have been caused by: 1 ) the large storms of 1982, 1983, and 1986; 2) increased development within the watershed; 3) failure of County Y and City Flood Control agencies to upgrade the erosion protection facilities along the drainage courses; 4) increased number and type of stream-bank repairs installed along the channel ; and F 5) indiscriminate dumping and filling of the stream channel . All of these factors have likely resulted in fundamental changes in the channel morphology, unusually large peak flows, and increased bank instability. It is accurate to state that the erosion of the stream channel , by San Pablo Creek may have occurred regardless of these changes. However, changes in the stream channel morphology, brought about by human Intervention, appear to have accelerated the process and cannot be eliminated as a contributory cause of the problem. 7 Seidelman Associates, Inc. A second, probable, contributory cause to the slide movement is the uncontrolled surface drainage from both the Kantor residence, and the uphill , neighboring property. The introduction of this surface water, into the slide mass, has likely resulted in the saturation of the colluvial materials, and reduced strength characteristics. We do not know if the pipe extending from beneath the sport court was broken prior to sliding, or If it occurred as a result of the slide. A break in the pipe prior to sliding would have to be considered as a primary cause, while a break due to slide movement would only aggravate, and possibly accelerate the movement. The proximity of the lateral and headward margins of the debris flow, to the Kantor home, is a potentially hazardous and dangerous condition which poses imminent peril to the residence. We do not believe, however, that the landsliding currently poses a threat to the Neighboring. home. Finally, continued movement of the debris flow has the potential to block the stream channel , or redirect stream flow against the opposing bank, and result in flooding or erosion. and de-stabilization of adjacent properties. We recommend that a formal , permanent repair be implemented this summer when the stream flow Is at a minimum. Such a repair should be designed by a qualified geotechnical. engineering firm. We can It f8 Seidelman Associates, Inc. i assist you with this process should you request It. 9 t Seidelman Associates, Inc. r Limitations of Report The opinions and conclusions presented in this letter are made in accordance with generally accepted engineering practices. No. other warranty, either expressed or implied, is made. It should be noted that the conclusions in this letter are based soley upon conversations with Ms. Kantor; evaluation of the available literature; interpretation of stereo-paired aerial , photography; and our reconnaissance of surface conditions' at the site. More in-depth studies were beyond the scope of our services at this time. it Is possible that data resulting from such studies may significantly modify. the conclusions of this letter. We hope this has provided you with the information you have requested at this time. if you have any questions or if we can be of any further assistance, please call . Sincerely, SEIDELMAN ASSOCIATES, INC. I;v.. Paul J. .Seldelman Richard Johnson Civil Engineer Staff Geologist Engineering Geologist c Seidelman Associates, Inc. CLAN WARD OF SUM ap CNM aWA MWff, GLIIU411A MAID ACTION Claim Against the County, or District ) HD'TICB TO CLABUNT Julv 22 , 1986 governed by the Hoard of Supervisors, ) The copy s t nalled to you is your Routing gndorsements, and Hoard ) notice of the action taken on your algia by the Action. All Section references are ) Hoard of SuPw-risors (ParaVmPh I9, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all eiiarnings". Claimant: . HE ID I PARENTO Counter Counsel Attorney: JUN 2 51986 Address: 2821 Moran Avenue Moftez CA 4455 Richmond, CA 94804 AmountRichmond, By delivery to clerk on 6-24-86 $150. 50 Date Received: 6-24-86 By mail. postmarked on 6-23-86 I. : Clerk of the Hoard of Supervisors 70: County Counsel Attached is a oopy of the above-noted claim. Dated: 6-25-86 PHIL BATMDR, Clerk, By Deputy L Hall II. : County Counsel 70: Clerk of the Board of Supervisors (Check only one) This elaim'complies substantially with Sections 910 and 910.2. (>Q ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Hoard cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: Deputy Counsel a III. : Clerk of the Hoard 70: (1) Ccvmty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. HDARD ORDER By unanimous vote of Supervisors present 0 This claim is rejected .in full. ( ) Other: I certify that this is a true and correct copy of the Hoard's Order ent&W in its ndnutes for this date. Dated: JUL 2 21986 PHIL BATCHMOR, Clerk, By - 7` �' , Deputy Clerk WARN M (Gov. Code Section 913) Subject to oertain exoeptions, you have only six (6) months from the date of this notice was personally served or deposited in the Bail to file a court action on this claim. See Government Code Section 945.6. You may seek the advioe of an attorney of your choice in omoeetion with this matter. If you want to oonsult an attorney, you should do so immediately. V. FROM: Clerk of the Board . 70: (1) County Counsel, (2) County Administrator Attached are oopies of the above claim. We notified the claimant of the Board's action an this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Hoard's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave ent a late claim was mailed toaimant. DATEN JUL 2 21996 PHIL BATQHELAR, Clerk, By , Deputy Clerk i oc: County Administrator (2) County Counsel (1) CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSWW?tuW91VrYal application to: Instructions to Claimant Clerk of the Board P. O. Box 911 Martinez,California 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the .cause of action. (Sec. 911 . 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106 , County Administration Building, 651 Pine Street, Martinez , California 94553. C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the clair:. is against more than one public entity, separate claims rust be filed agaznst each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of—this fora. RE: Claim by ) Reserved for Clerk' s filin stamps. RECEIVED Against the COUNTY OF CONTRA COSTA) JU+I7 1900 G ) /MIL'6AT MBLOR or DISTRICT) cLea BOARD a v,�3as ) � Tc : The undersigned claimant hereby makes claim against he County of Contra Costa or the above-named District in the sum of $ � S a and in support of this claim represents as follows : ------------------------------------------------------------- 1 . when did the a-r.a e or in .ur.y occur? (Give exac date and hour) ______________________________________ ____ _____ ______ 2. '�'herecdid the damage or ci jury occur? (Include city,_ and county) ------------------------------------------------------------------------ d 3. How did the amage or injury occur? (Give full details,� us� ex ra sheets .if-r quired) ���G� � ���z. ll G<�v.� / � 4 . What particular actoron the part of county or district offcers , serv�nts or employees caused the injury or damage? (over) 5. What are the names of county or district officers , servants or employees c ing the ;damage ory? 6 What damage r .inj es do you ai result .74 (Give f• en -- of injuries- or dam' es claim d. A ach tw ' es tr jwtes.,for o damage) / „�> -Lo-Q a � rI G�yI Cc j 1 ,���' ` lk �!� � '7. How was the amaSu cla ' a}�bve omputed? (Incl the est' ated amount o an s c ive in 'ur" or derma e. fr Y P �Pg J Y g ----- ----- - -- ---------------------------------------------------- B. Ndfies and-,ddresses of witnesses , doctors and hospitals. ------------------------------------------------------------------------- 9 . List the expenditures you made on account of this accident or injury : -- --------DATE ITEM AMOUNT Cc ..• ..fir �f/ ale- 7c;�.c.Gcl .li C*' i o v G .._ __...__.. __._... 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' Sign ture Addre. s 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. " i rq 1 /ZtQ CLAN BDARD OF SDPOtPIxxtS OF dWWCOSTA Q MM. _ BaI1RD ACTION Claim Against the County, or District ) VMCE SO C7.AD4W July 22 , 19E6 governed by the Board of Supervisors, ) The copy s t miled to you is your Routing Bxdorsemcnts, and Board ) notice of the action taken an your cl In by the Action. All Section references arra ) Hoard of Supervisors (Paragraph lye ealov), to California Government Codes ) given pursuant to Oovertraent Cods Section 913 and 915.4. Please riots all wftrnin6s". Claimant: LISA PERRY NOY Counsel Attorney: Andrew C. Schwartz JUN 2 51986 Casper, Loewenstein Schwartz IA#fbM CA%55 Address: One Corporate Centre 1320 Willow Pass P.oad, Suite 400 Amount: Concord, CA 94520 By delivery to clerk on 6=24-86 $5 , 000, 000. 00 Date Received: 6-24-86 By mail, postmarked an 6-23-86 I. : Clerk of the Hoard of Supervisors 70: -County Counsel Attached is a copy of the above-noted claim. Dated: 6-24-86 pHu, BATCEIDAR, Clerk, By Peputy L H II. : County Counsel M: 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 Hoard 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. : Clerk of the Board TO: (1) County Counsel, (2).County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BDARD WER By unanimous vote of Supervisors present (X) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the. Board's Order entered in its ainutea 1,1s date. Dated: J�� PHII, BAT'CRn,OR, Clerk, Hy. , Deputy Clerk MARK M (Gov. Code Section 913) SkJact to certain exoeptiaw, you have only six (6) months tram 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 ohoioe in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FRW: Clerk of the Board TU: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action an 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 ent a late claim was mailed toaimant. DATM: JUL 2 2 W PAIL�xIL BATMEWR, Clerk, By , Deputy Clerk ac: County Administrator (2) County Counsel (1) �; 1 ANDREW C. SCHWARTZ CASPER , LOEWENSTEIN & SCHWARTZ .. .4. Y . F� - . ./ t:-t One Corporate Centre '> + N 3 1320 Willow Pass Road , Suite 400 Concord, California 94520 JUN 2 yt 19$6 Telephone : (415 ) 827-0556 r Attorney for Claimant .41 6 7 8 CLAIM AGAINST THE COUNTY OF CONTRA COSTA , CALIFORNIA 9 TO : Board of Supervisors 10 651 Pine Street Martinez , California 94553 11 CLAIMANT 'S NAME : Lisa Perry 12 CLAIMANT 'S ADDRESS : 2491 Mallard Drive 13 Walnut Creek , California 94596 14 CLAIMANT 'S TELEPHONE : (415 ) 935-8281 15 AMOUNT OF CLAIM: $5 , 000, 000. 00 16 ADDRESS TO WHICH ANDREW C . SCHWARTZ NOTICES ARE TO BE SENT : CASPER , LOEWENSTEIN & SCHWARTZ 17 1320 Willow Pass road, Suite 400 Concord , California 94520 18 DATE OF OCCURRENCE : March 25 , 1986 19 PLACE OF OCCURRENCE : Contra Costa County, California 20 HOW DID CLAIM ARISE : Lisa Perry , claimant , is the 21 mother of Richard Perry, a minor who was born on November 4, 22 1982, and who died on March 25 , 1986. At the time of his 23 - death, Richard Perry was a dependent child within the meaning 24 of the Welfare and Institutions Code, and was in the custody 25 and care of the Social Services Department of the County of 26 Contra Costa , California. Sometime in January of 1986 , at the 27 direction of the Contra Costa County Social Services 28 CASPER,LOEWENSTEIN AND SCHWARTZ ONE CORPORATE CENTRE 1320 Willow Pass Road Suite 400 Concord.California 94520 (415(627-0556 r � `1 Department , Richard Perry was placed in the licensed foster home of Peggy Ray. 3 Claimant hereby alleges that said placement was negligent , careless and in conscious disregard for the rights of Richard 5 Perry and Lisa Perry. Said placement was made in violation of 6 all statutes governing the placement of minors in foster homes 7 and was not made in the best interests of the minor. From the 8 date Richard Perry first entered the home of Peggy Ray until 9 his death on March 25 , 1986, the Department of Social Services 10 was negligent in failing to supervise and inspect Richard 11 Perry 's placement in the home of Peggy Ray. The Contra Costa 12 County Department of Social Services failed to exercise any and 13 all mandatory and discretionary acts as set forth in the 14 California Welfare and Institutions Code and the California 15 Health and Safety Code. 16 As a proximate result of the negligent placement of 17 Richard Perry in the home of Peggy Ray and the negligent 18 supervision , inspection and monitoring of the placement in the 19 home of Peggy Ray , Richard Perry died , causing claimant severe 20 shock to her nervous system and emotional distress . 21 Lisa Perry is hereby making a claim for not only the 22 wrongful death of her son , Richard , but also for the negligent 23 infliction of emotional distress caused by the death of her 24 son , Richard Perry. 25 ITEMIZATION OF SAID CLAIM: As a result of the previously- 26 mentioned acts , claimant has suffered severe emotional , 27 pecuniary and other losses , all to her general damage , all of 28 CASPER.LOEWENSTEIN AND SCHWARTZ ONE CORPORATE CENTRE 1320 Willow Pass Road — 2 Suite 400 Concord.California 94520 (415)827-0556 r r t 1 which continue to cause claimant great mental , physical and nervous pain and suffering. 3 AMOUNT OF SAID ITEMIZATION : $5 , 000 , 000. 00. DATED June 23 , 1986. 5 CASPERZff,LOE NSTEIN & SCHWARTZ By A DR C SCHWARTZ g Attorn s for Claimant 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .26 27 28 CASPER,LOEWENSTEIN AND SCHWARTZ ONE CORPORATE CENTRE 1320 Wdlow Pass Road — Suite 400 Concord,California 94520 (415)827-0556 CLUM BOARD (F 9DPFRVLSMS OF CWW C)b'PA W0lM CALII_ BOARD AL'PION Claim Against the Carty, or District ) VMCE 70 CLAADW Julv 22 , 1-986 governed by the Board of Supervisors, ) The ooP9 a document mailed to you is your Routing Endorsements, and Board ) notice of the action taken an your allla by the Action. All Section references are ) Board of Supervisora (Paragraph I9, below), to California Government Codes ) given pursuant to Government Code 99etion 913 and 915.4. Please note all wWarnings". Claimant: FLOYD AND BEVERLY BROWN Cou*Counsel Attorney: ANDREW C. SCHWARTZ JUN 2 519$6 CASPER, LOEWENSTEIN & SCHWARTZ Address: 1320 Willow Pass Road, Suite 400 �8�iR8i Amount: $5, 000, 000. 00 Concord, CA 94520 CA%55 BY delivery to clerk on 6-24-86 Date Received: 6-24-86 By mail,, postmarked an 6-23-86 I. : Clerk of the Hoard of Supervisors '70: County Counsel Attached is a copy of the above-noted claim. Dated: 6-25-86 PHIL BATCHIIAR, Clerk, By PeputY L. Hall II. : County Counsel TO: Clerk o of Supervisors (Check only one) ( This claim oom plies 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 an 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: puty County Counsel III. : Clerk of the Board TO: (1) Cc ty Counsel, (2) County Administrator ( ) Claim Was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ODER By unanimous vote of Supervisors present ( This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its ait�s for this date. Dated: AUL 2 21986 PHIL BATCfMOR, Clerk, By �L , Deputy Clerk WARNM (Dov. Code Section 913) 9ub3set to oartain exoeptioas, you have only six (6) months from the date of this notios was personally served or deposited in the mail to file a ocurt action an this claim. See Government Code Section 945.6. You my seek the advice of an attorney of your aboice in connection with this matter. If you want to ocnault an attorney, you should do so mediately. V. FM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the elaimant of the Boardis action on this claim by mailing a copy of this document, and a m®o thereof has been filed and endorsed on the Board's copy of this. Claim in accordance with Section 29703. ( ) A warning of elaimant13 right to apply for leave 0 p-esent a late claim was mailed toaimant. DATED: • L 2 21-qgb PHIL BATomm, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) �I/ r ANDREW C. SCHWARTZ CASPER , LOEWENSTEIN & SCHWARTZ C One Corporate Centre 1320 Willow Pass Road, Suite 400 Concord , California 94520 4 Telephone : (415 ) 827-0556 5 Attorneyfor Claimants CL k P °"'Cilecaq �y . ti Sup 6 7 8 CLAIM AGAINST THE COUNTY OF CONTRA COSTA , CALIFORNIA 9 TO : Board of Supervisors 10 651 Pine Street Martinez , California 94553 11 CLAIMANTS ' NAME : Floyd and Beverly Brown 12 CLAIMANTS ' ADDRESS : 2491 Mallard Drive 13 Walnut Creek , California 94596 14 CLAIMANTS ' TELEPHONE : (415 ) 935-8281 15 AMOUNT OF CLAIM: $5 , 000, 000- 00 - - .16 ADDRESS TO WHICH ANDREW C. SCHWARTZ NOTICES ARE TO BE SENT : CASPER , LOEWENSTEIN & SCHWARTZ 17 1320 Willow Pass road , Suite 400 Concord , California 94520 18 DATE OF OCCURRENCE: March 25 , 1986 19 PLACE OF OCCURRENCE : Contra Costa County, California 20 HOW DID CLAIM ARISE : Claimants , Floyd and Beverly 21 Brown , are the maternal grandparents of Richard Perry, a minor 22 who was born on November 4, 1982, and who died on March 25 , 23 1986. At the time of his death, Richard Perry was a dependent 24 child within the meaning of the Welfare and Institutions Code , 25 and was in the custody and care of the Social Services 26 Department of the County of Contra Costa , California. Sometime 27 in January of 1986 , at the direction of the Contra Costa County 28 CASPER,LOEWENSTEIN AND SCHWARTZ ONE CORPORATE CENTRE 1320 Willow Pass Road Suite 400 Concord,California 94520 (415)627-0556 1 Social Services Department , Richard Perry was placed in the licensed foster home of Peggy Ray. 3 Claimants hereby allege that said placement was negligent , 4 careless and in conscious disregard for the rights of Richard 5 Perry and Floyd and Beverly Brown. Said placement was made in 6 violation of all statutes governing the placement of. minors in 7 foster homes and was not made in the best interests of the 8 minor. From the date Richard Perry first entered the home of 9 Peggy Ray until his death on March 25 , 1986 , the Department of 10 Social Services was negligent in failing to supervise and 11 inspect Richard Perry 's placement in the home of Peggy Ray. 12 The Contra Costa County Department of Social Services failed to 13 exercise any and all mandatory and discretionary acts as set 14 forth in the California Welfare and Institutions Code and the 15 California Health and Safety Code. 16 As a proximate result of the negligent placement of 17 Richard Perry in the home of Peggy Ray and the negligent 18 supervision , inspection and monitoring of the placement in the 19 home of Peggy Ray, Richard Perry died, causing claimants severe 20 shock to their nervous system and emotional distress. 21 Floyd and Beverly Brown are hereby making a claim for not 22 only the wrongful death of their grandson , Richard, but also 23 for the negligent infliction of emotional distress caused by 24 the death of their grandson , Richard Perry. 25 ITEMIZATION OF SAID CLAIM: As a result of the previously- 26 mentioned acts , claimants have suffered severe emotional , 27 pecuniary and other losses , all to their general damage , all of 28 CASPER,LOEWENSTEIN AND SCHWARTZ ONE CORPORATE CENTRE 1320 Willow Pass Road — 2 — Suite 400 Concord.California 94520 (415)827-0556 ' 1 which continue to cause claimants great mental , physical and 2 nervous pain and suffering. 3 AMOUNT OF SAID ITEMIZATION : $5 , 000 , 000. 00. 4 DATED June 23, 1986. 5 CASPER , LOEWE STEIN & SCHWARTZ 6 7 By ANDR . SNjWARTZ 8 Attorneys Claimants 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I 27 28 CASPER,LOEWENSTEIN AND SCHWARTZ ONE CORPORATE CENTRE 1320 Willow Pass Road _ 3 Suite 400 Concord,California 94520 (415)627-0556 A Ali- CLAN :CLAN BDARD OF SDPEPVISMS OF CIM CMA MUCT, CAL Il IA BARD ACTION Claim Against the Canty, or District ) VMCE 70 CLADUW July 22 , 1986 governed by the Hoard of Supervisors, ) The OW s t led to ya: is yaw Routing Endorsements, and Hoard ) notice of the action taken an your alain by the Action. All Section references are ) Board of 94ervisars (ParaV%Ph I9, below), to California Government Codes ) given pursuant to Goverment Code Section 913 and 915.4. Plea" note all `eW rninn". Claimant: FRED ZAMANIAN County CounsM Attorney: Stephen D. Eckdish, Attorney At Law JUN 2 51986 629 Bryant Street Ahrfimu CA X53 Address: San Francisco, CA 94107 Amount: See Item #7 of claim By delivery to clerk on 6-94-AA Date Received: June 24, 1986 By mail, postmarked an no envelope I. : Clerk of the Hoard of Supervisors 70: Canty Counsel Attached is a copy of the above-noted claim. ��U Dated: 6-24-86 PHIL BATCHELOR, Clerk, By PePutY L. Ha 1 II. : County Counsel T0: Clerk of the Board 0 Supervisors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. (X) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Hoard 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 claimantfs right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: Peputy County Counsel III. FR�: Clerk of the Hoard TO: (1) Co ty Counsel, (2) County Administrator ( ) Claim was returned as untimely With notice to claimant (Section 911.3). IV. BDARD WER By unanimous vote of Supervisors present (x) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its xdny�s AF this date. Dated: ��uU�� 986 PHIL BATCHMOR, Clerk, By , Deputy Clerk WARrT M (Gov. Code Section 413) Subject to certain exceptions, you have only six (6) months firm the date of this notioe was personally served or deposited in the mail to file a court action an 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 rant to oonsuult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) Canty Administrator Attached are copies of the above claim. We notified the claimant of the Boardis action an 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 DATED: 'L-"!�2 1 86 PHIL BATQEAR, Clerk, By � � , Deputy Clerk 00: County Administrator (2) County Counsel (1) XLAJJ� TO: BOARD OF SUPERVISORS OF CONTRA C04*rr%9WXapp1ieationto: a Instructions to Claimai.`f�•erk of the Board y/0 6 Martinez,Califomia 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of 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 o this form. RE: Claim by )Reserved for Clerk's filing stamps . Fred Zamanian /LSD ,q � Gct RECEI Against the COUNTY OF CONTRA COSTA) JUN�0J,Z or DISTRICT) /��F1 in name a �AThe undersigned claimant hereby makes claim against the Contra Costa or the above-named District in the sum of $ cllrrpntly S1 , 000 . 000 . 00 . and in support of this claim represents as follows: 1. -When aia the damage or injury occur? (Give exact date end hour] The injures arose on 3/16/86 , at approximately 3 : 55 P.M. ---------- T- --- --------T-.r---------------------------------- ------- 2. Where did the damage or injury occur? (Include city and county) The injuries occurred at- Sunvalley Mall , Concord, California. -T--------------------------------------- w -------------w did the damage or injury occur? (Give full details, use extra sheets if required) Claimant slipped on substance on mall floor and fell, giving rise to his injuries. ------ ----------------------------------------------------------------- 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? The act or acts or omissionsto act by county employees are unknown "at this time, however, claimant gives notice of a . design defect and main- tance failures which contributed to and were .proximate causes of his in- juries sustained on 3/16/86 . (over) What are the names of county or district of ers, servants or-- --- employees employees causin he damage or injury? a The true names of county personnel who proximately caused the injuries sustained by claimant are unknown at this time. ---------------------------------------------------- ------------------ 6. What damage or injuries doyou claim resulted? ZGive full extent of injuries or damages claimed. Attach two estimates for auto damage) Claimant sustained fractures of his pelvic bone, as well as injury to m bac and egc�snt_inuesuiarecui_v_e°meRical_1_0ea men rRanenis°mnag�et,toswork _ e L c aiman _ __ _ _ ___ 7. Ow was tale amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Claimant has sustained medical specials of over $10,000 . 00, and lost wages in excess of $5,000 . 00 , currently. The full extent of future special and general damages is as yet unknown. ------------------------------------------------------------------------- 8. Names and .addresses of witnesses, doctors and hospitals. Witness are as yet unknown as discovery and investigation continue. Claimant was treated at Mt. Diablo Hospital, Marshall -Hale Hospital and his treating physician is Joel Renbaum, M.D. --------------------------------------------------------------------t---- 9.. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT k Please te�ij_°t� .p ragiaph #7 , herein. i - i y- -; Govt. Code Sec. 910.2 provides: "The claim signe by the claimant SEND NOTICES TO: (Attorney) or by erpeXso on his behalf. " Name and Address of Attorney 20 Stephen D. Eckdish 14451 Greenwich, Apt 405 Attorney at Law Addresp 629 Bryant Street San Francisco, CA 94109 San FRancisco, CA 94107 Telephone No. 415-777-9990 . Telephone No. N/A NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the •same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. "