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HomeMy WebLinkAboutMINUTES - 08121986 - 1.19 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Augu s t 12 , 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: $100, 000. 00 given pursuant to Government Code Secticr-913,a UtISP' 915.4. Please note all "WARNINGS". CLAIMANT: WILLIAM R. GOGERTY, JR. JUL 1 5198E ATTORNEY: C/o Malcolm A. Smith .aartmPz CA•9455. Attorney at Law ADDRESS: 2054 University Ave. Ste 501 Date received Jul 14 1986 Berkeley, CA 94704 BY DELIVERY TO CLERK ON: y BY MAIL POSTMARKED: July 11 , 1986 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 15 , 1986 BY: Deputyq/ 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: �U �� By: County Counsel I1I. 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 (x) This Claim i.s rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order nt ed 'n its minutes for this date. Dated: d U G 12 1986 PHIL BATCHELOR, Clerk, E Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally'3erved 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 ] MALCOLM A. SMITH Attorney at Law 2 2054 University Ave. , Suite 501 [ �/ Berkeley, CA 94704 ✓(/� Telephone: (415) 845-9291. sy Ccf 4� COVE-, 4 fSoR Attorney for Claimant s e ''seas 5 � 6 7 8 IN THE. MATTER OF THE CLAIM OF 9 WILLIAM R. GOGERTY, Jr . , 10 Claimant, 11 vs . 12 COUNTY OF CONTRA COSTA and THE CONTRA COSTA SHERRIF ' S DEPARTMENT. l3 14 WILLIAM R. GOGERTY, Jr. hereby presents this claim to 15 the CONTRA COSTA COUNTY SHERRIF ' S DEPARTMENT and the COUNTY OF 16 CONTRA COSTA pursuant to Government Code §910. 17 1 . The name and' post office address of WILLIAM R. 18 GOGERTY, Jr. is as follows : Contra Costa County Jail , 901 .i9 Court Street, Martinez , Contra Costa County, California, 94553 . 20 2 . The post office address to which WILLIAM R. GOGERTY, J ' . 21 desires notice of this claim to be sent is as follows : 22 MALCOLM A. SMITH, Attorney at Law, 2054 University Ave. , Suite 501 23 Berkeley, CA 94704 . I 24 3 . On or about April J�V, 1986 , at the Contra Costa Jail , 25 901. Court Street, Martinez , CA, claimant WILLIAM R. GOGERTY, Jr. 26 received personal injuries under the following circumstances : 27 While in an exercise yard, WILLIAM R. GOGERTY, Jr. tripped and 28 fell over an exercise mat placed upon the floor. -1.- 1 4 . Claimant is informed and believes , and thereon 2 alleges , that the exercise yard and mat were negilegently and apt S2- �cc�►1}«.,�� 3 defectively designed and maunfactureso as to create an . 4 unreasonable risk that a person would trip and fall ; that had V✓1 Ckk'ttcL,0 P� 5 the exercise yard been properly designed and constructed the . 6 injury to claimant would not have occured; that the nature of 7 the injury and the manner of its occurance was or should have 8 been forseeable to those persons who designed, constructed, J maintained and operated the exercise yard with mats. therei.n such 10 that the failure of said persons to take reasonable precautions 11 is the proximate cause of claimant ' s injuries . 12 5 . So far as is known to claimant, as of the date of 13 this claim, claimant has suffered injuries to his back, the full 14 extent of which is not presently known, all to claimant ' s damage 15 in an amount which is not presently known, but which claimant is 16 informed and believes , and thereon alleges , is in the amount 17 of $1.00 , 000 . 00 . 18 6 . Claimant does not know the names and capacities of 19 the persons responsible for his injuries , and at present can 20 only identify them as Does 1 through 100. 21 7. At the time of this claim, claimant claims damages 22 in the amount of $100 , 00.0 . 00 , 50% of which is for future pain 23 and suffering. 24 Dated: , WILLIAM R. GOG RTY, r. 25 26 27 28 -2- a 1 CERTIFICATE OF MAILING I [C.C.P. § 1013a. (2)) 3 The undersigned certifies that he is an active member of the State 4 Bar of California, not a party to the within action, and his business address is 2054 University Avenue, Suite 501 , Berkeley, California; that he served 5 a copy of the documents listed below by mail by placing same in a sealed 6 envelope, fully prepaying the postage thereon, and depositing said envelope 7 in the United States mail at Berkeley, California, on July 11 , 1986 addressed as follows: 8 Contra Costa County Sheriff a 9 P.O. Box 391 10 Martinez , CA 94553 Contra Costa County Board of Supervisors 11 651 Pine Street , Room 106 Martinez , CA 94553 12 13 14 MALCOLM A. Sb11TH 15 16 1. Copies of the following documents were mailed: 17 Claim og William R. Gogerty, Jr. 18 19 ?0 21 22 23 24 25 26 i i ' I •_ _ CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Au gu s t 1 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: $1, 000,--000, 000. 00 given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". colin ty COUnsel CLAIMANT: MAYRDAWNA DAVIS Jut 1 51986 ATTORNEY: ,aartJnel ADDRESS: 2807 Springdale Lane Date received ' C*94553 San Ramon, CA 94583 BY DELIVERY TO CLERK ON: July 14, 1986 BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. July 15 PHIL BATCHELOR, CLERK u , W DATED: Y , 1986 BY: Deputy L. Hall II. 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: L puty 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 ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order nt d in its minutes for this date. Dated: A U G 12 1986 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally terved 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 CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COWSrrogWyapplication to: Instructions to ClaimantVerk of the Board R., e Mirtinez Calitomia94553 A. Claims relating to causes of action for death or or 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 his form. RE: C by )Reserved for Clerk's f link stamps RECEIVIED Against the COUNTY OF CONTRA COSTA) p/ � Van or .� DIST - (Fill in name ) The undersigned claimant hereby makes claim agai ntra Costa or the above-named District in the sum of $ poo, ov and in support of this claim represents as follows:(16f/ ------------------------ ------------- -------- -------- ---- --- i. When did the damage or injury occur? Give exact date and hour] 3. iRfiere did iie damage o in3ury occur? iinciude ity and county 3. How did the damage or injury occur? (Give iulS detaiis, use extra sheets if required 711 . ----W4. hat-----p-art- -T ----------- -e------------- --T--- a lar act or omission on the part of county or district 0 ers rva is pTo ee s ,the n 'ur op damage? (over) 5. ' What are the names of county or district officers, servants or' employees causing the damage or injury? 1117 P-6 . -s --------- ---------T----T-------------T------ ----- T------ ----------------- ---------- What damage or injuries do you claim resulted? laive full extent of injuries or damages c aimed. ttach two estimates for auto damage) 7. Bow was the amount aimed above computed? (Include the estimated amount of any prospective injury or damage. ) -- --- -----�-------- -----1---------- . and --------- 6. Names' addresses of it asses, doctors and hospitals. /:74 W Aa - _ -----T------------ --------------------------••-----T-----T-- --- 9. List the expenditures you made on account of this accident or in?ury: DATE ITEM AMOUNT ro 41 1A im Govt C Be- Sec. 10.2 pr vides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or bysqme pergon on his eh f. " iLC.E Name aridd ess of grne" �C�J E , S a s §igna r Telephone No. " r `J`-9�(� Tele hone 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. " m SUMMARY 07 ACC LLIdT- TLaYRIJA'.:i`TA A E' Di VIS" 1 On Jud. 12, 1086, at about, 6': 00 P..M. , its I :as in the bathroom 2 at address at 2807 Springdale Lane , in San Ramon, California, adjacent my rent-d -bedroom and a roommate by the name of Laurie 3 Casey came to the bathroom door and asked me i- I had rashed today? 4 I said "Yes" I had" , she furtker asked me ".If I had been the _oerson 5 that took her clothes out. of the ;-ashor and used the -,:abhor," ".I said_"Yes I did." She furthered that don't do that beca"e :her s clothes .:-ould dry oat if they sat on top o= the dr-jer." I then 7 informed her that I hi-:' taken her clothes out o' the crasher because 8 I had to use it, and the next time I %~ill coo the same thing, and that in the future, if she r-as not going to fully �aah and dry all 9 her laundry, to shop- the other tenants common courtesy and at least 10 remove her laundry so that somebody else could --ash and dry their 11 clothes. `,Fell then Karen Budenholter spore and said to me, "You did not pay•your-•rent," "rind that is not your T:'asher .and not 12 your dryer. " I then asked her to not cut off the c-asher and 13 dryer and the T.V. Sets from me and reminded her that I had a, 14 restrianing order against her starting an argument, She YELLED "You haven-1.t raid rent in a -"hale month," I then yelled back at 15 her syaing ,;'ell if I haven-It paid rent then ghat tas the 16 ; 566. 00 I. paid, if that �•-asn't rent? I yelled at her and told 17 her "Bitch, you leave the fuckiizg .utilities alone, until S.Te go to court, and stop cutting off the television sets from me. Yes, 18 I used the washer and dryer and will use it until I get a notice 19 -"rom the courts to vacate, until then you are hereby breaking the lar- to submit ne to this humiliation and harassment, and you are 20 further restrained ;from starting arguments. By then All 3 fello'Vr 21 roommates - ere out in the hall,.-Tay yelling and screaming at me, 22 quoting hov much they pay, and -•-hat I could use and not use in the house. I then risked karen and the rest of them to "Go to hell 23 I rill use the appliances, until I cave . :',a.r(,n Budenholzer 24 continued to argue at me , I asked her to shut up, and leave. me 25 alone, and she cnntinued, So I tossed the candle holder in the hall?--ay do-:n to the floor and threatened as I continued to put 26 in my hair --eave to her ass. ."o rhe Q;,;i c__1 y opened the door 27 ,nC_ ran o.?t the door anc' called the -police o_1 mo. i then �icl_er_ u,:) t:Zec�.�'1.�a 0-.-:"L t:zc f7.00-� «z;. "tl�rc th,z-.1 out onto t'Zo l a°-n 28 - a_ C. bro':e. Tllr: ?7olico tin ca�zv.. in about 5 minutos an,", 4 aolicomen stooC. at the bathroom door and a.sh,�C. nr to et?) oat onto the hall- a:y because I r.as being plzced 1 unc-r.r ci.'. arrest by lunren budenho'=cr for banishing and , vandalism. n1 y then LOUDLY P.;CED 'r_.�:ZDCU °'r•» Cil 1.1Y H,,1:1D03 1211 r, 2 !T,OT .911D 521ID "":-!H U12 UY" ,1'I.'IAYiMK311A DaVIS, YOU kF _U1-M R AR=-,ST!-' -' AS I 'SAS Ii1 ORI II G TI3L POLICEI.I; OF TI - RAS 1RIANT G OPD, RS I HAD. 3 I begged and pleacec , please may 1 just Got my shoes, the first 4 off icer sai`"no that is not necessary,''so I continuo d to plea, 5 please just let me bet- my shoes , so as .,e got abnut 5 steps array from the front door the officer changed his hind and said, 4*here s are your shoes? I begged, Just let me sho-:- you, and aril ;the other 7 officers holc:ing my arms in handcu_f^ said no just ­-ait here 8 at the e..00r and thy: officer -ill go bac', into your room 'and 1001; for your shoes. I then continuing to beg the officer that was 9 holding me bac:: from my roor! .for shoes; identifying beach straps '.to 10 rear by hi:.� saying "Are these your shoes and your room, I said ye-s, 11 the officer said o.h. , let' s go. 1 begged for a si.-ea.ter for my arms. And the officer said, still in Tay room, VERY �UUD.,Y, ••';iI�;RE; 12 LS f- �,J':'E"T R, I DU ;NOT SSB A S'„EPATER, ICU, i10, IT IS VERY 13 '`I= OU'1'S= YOU DO NOT Ni,,=.- A S,.!EAT=L : 1,1113S DiiVIS, Yuii DU 110T IED z 1 COi1Ti ';ITED PtL;ASL U r IUL]R, Jug•.• iooh into 14 that dura:: er. I could not point because .my hand -:.ere still 15 hnndcu:Lfoc behind my bach.. SO THE 0:''ICER SalD, •`:;'RICH MCIER?! 1e I said, that one, and he opened it an,, said no, 1 do not see a ^ pater, a\nCi sia:med ba\cI: the dra:-er saying, no, -Lot's go. I 17 furthor begged,"-please officer try the other drTrer," So he did 18 and said 701-L-P-ae 1, and I said the brcnm one there and my purse 19 please , he then said PTC, NO, ALL THAT IS 71MV 12,ECEISSARY, I B uGED, PLEri i7 OF'FIC R, B:Iiilu I•Y 1'U.IS3. j-04D MY CAR AI\'D HOUSE '-�EYS 1-1,LJ SE 20I DO duT ':,�idT TO LEAVE I.Y PURSE HLRE, v1jLASE BRING TH31.1. SU H 21 SXiORT2D Dui.irlilG .iLl, I.-1;Y 1;LLOi GI1•1G OUT Ok r11_" PLT►aE' O:lTO TIL BED, AP1D I ,3I ) .'Kty' yi_3 I- '.::ID TO CIL=C=� TO =L :;i1 ;T 1.:Y rU=; ;- CC T.1-K_'D, 22 :uD T_�__T ii_ -OU-,-- _ UT IT :�J� D::Ci: I1iTC : Y _�L:.:>�. i ^= i; I �GGED ' I_ 23 ,-T- U. -T ---' rr I�.. O iiJ COTJ C_0:� . C O :D ' ^ 24 =- c== I ci; _iL_i._� i_\I JIJ _LI.J ,I:.�� iv �1r�� ..._ �_�� �o0_ l:L Doo ,, . . '- ' nii T ,' - 'Cr---, m :� i noCi Ei). 25 _ _ 0� �- TIMI TCO_" :iT iii _Jli .._i r' � r l CI= :U::�_D TO Isu _ �..,IC,_. ._u�, _..:_��aT iC iY MITI .;�i�T;� 27 r=' L� B 'IS=iT:.G T_•1JJ�� I;�:.i 0;' .:Y ;U�' RTY." = Y ii=:;7 .�t1S TIi� ? •-+ 1-7r-. r�Tr r I) T T -R-� ,�-, ,•� ti RU' �� Dv _� _:.�U ��. _ 0- _C- C_i_\, I =GG7= TO B 2£3' T'r; i :'. DCu�T J,C L`. I �� Ui:J DOCT0R71 C.,,= 'Z✓ PAIII I'i :. i �,:. :� _:J TIr 71 T F-11" U Z -UIL)MLE L 1"RGIN1 I I TH�.R 0 U D 1-Y TiE Y%I17 "127 CN Ht CU17S IN TH:], D�. AC-:. -LT MI R A DRO'rEE WrZ PAIN ALL TM] .1.AY TO T.-LULTIlz Z JAIL ,,y -,-I UD77 C" -AS VIE 300=:D AIM 11rA:'7M'U-TDI_ By ZHE B H 7Z= 1 'D T.M, 2 POLIC7 11.L%_TZ C LE R 1 D (JA o-7; Ti-- -Fo:J _"—t N D IL V 0- Tic, CAR 3 ZEUT I LL� _TOOH 17E , TH:"71 1 informed the officers of my restraining order 3. 1. The police officers, name.-I un2mor.,n re-fused to listen and 4 enforce my rnstaining orders against -Karen Budenholzer, Laurie 5 Casey, an d Donna. Isar end proceeded i t h my arr o s t The officers 6 violated my right-- Luider the 13th and .14th amendment guaranteeing no abridging, of privi -es or immunities ocitizens of the United U -'let.:Dof . 7 States to doprivation . of life, liberty or prosperity 7-7ithout 8 due process of 1n-.-- or deny any person the EQUAL PRO=CTIONJ under the, la- s o-."' the Unit-ed States Constitution. 2. Th,- Polico officc_"s is liable. to )iaintiff, _­.-iny_-da,.--na .-ine 10 2)1vL- LL-i�ersupporting) `d, 1200, supporting -,,'or (-.riotional 11 distres-s from ethnic or rel-i -ioUS r1;ruse or diScrimination M, 4 -1 .Violates M-7na A-riel Davis' - 0 11,1n 4 police officers Violalee. 'ayrd, 12 right- the Sth Imr;n,-:*.-Lncnt prohibiting cruel zvxlc_ unusual 13 ntun_17hiii-.nt. 14 T"',-, _olic-.-a.ion violatnC, plaintiff' s ;fights un.-17-er the Unruh C"livi! ?i=-ht _`pct -.-hich say-, --hoover .-iC-- in C:enial, dizt-inction or 15 1 . on7 undothiact shall be. liable --"o::- every such am. age- 16 0 ':fc;.n­ It o for both r.cual ccif on d, - . 5. The );" polisemenviolc-tued plaintiff' -: rights under '1�8 17 jUr 2_d, ':'hick cupDort-, r-mody for bcn.ttucry-, assult, frix-,ht, sshocl- 18 and ment-al anguish. 19 J. rllrnatmccnt to r,!,-inti-]'f was e.-m-trome. oxiC, outrageous anC"L as a 20 result :7ho z,.,ff_-"ered injua-y and damage o f: 1. s'overt burning i n the stomach in she i S i Ln,d,e r 21 a Coctors' -trict sunorvicion, prohibiting _qt-ess, and 22 2. -hoc 1: 'nzi -, 23 3. of nnrvou- h.4_L --hich she is al so tuider Outbu:7.. U lives, in 24 -1 -t-ns- U -0 q strict ­ul-oorvir�ion of no doc,orr U 25 oz- Tn o-.ui 26 .5. Pain and corc.ncss fro: slooping on police lobby chair. 27 b. Cold feet end art-hi:.-i',-,u- pain in nn1:1e from being forced tc 46 -. citing for -01cli'Akiff to get 28 : car beach .�-It:_,ap_", --r-thlor than . LO - - rro-ocr shoes on - and -.31inIng to Etzund at the cold bus stop at 1: 00 in the niorninLs to get a bus home, after boohing and release.. 3 p hint if f, ?• ay^Da--na Ane' Davis affirm the the defendant's conduct -.Md abuse torard her -...-ns e.:treae and outrageous and 4 sho•:-ed . a rec':less and callus disregard of or indifference to the 5 rights and safety of plaintiff, N,-,ZrrDa::-nn dine' Davis and mo 6 motivated by evil and racial discrimination intended to induce Plaintiff to severe trauma, bodily harm, damage and -hich could 7 have ?.il led plainti_'f. As n result o_' the intentional reckless 8 neglect and discrimination plaintiff did in fact suffer pain and 9 injury and damage of. 1. Severe burning in the stomach - in :--hick she is under 10 a doctors' strict supervision, prohibiting stress, and 11 ights, and anger. 12 2• hOC'_: and _'richt Outburst of nervous hives, in -.:hick ^he i c nioo cancer 13 a C.octo=,c' s care ane strict- su-)orvicion o'. no trcti ss 14 or :v-.ntal an uich. Jliv(:,-- ---C'7_lc?C file_ anC_ 1i-os. 15 Insoinia j. c_: anC- coreme:-a -.0:1 sleepin.'- on -,otic, lobby chair 16 , 17 r• Col"' fent anC: art-11-21-U= Dal!'! ='I Ael _ _h't o-ni .r- _arced t0 -..-car bC:'nch tr p:� , i,:film -'Chat :.- itillg 18 or � i i1t7. .. t0 '�U.,- Oil Lan" :int'_ =0'; -�lO zna-10 19 :-f''_l7 i1'T iii her. :'eet il'o_1 fila vin..-: t0 11 _ ^t th:: L)u ; 20 atm-) til C"Llo co!_C- .'ea th - � I. _�."1. L1-i v'1: P?orn=1) L: t0 -mt a bu: homp, a'tnr boo'.:L-i7. release. 21 � F-,-inti_'f is under the can- of 4 doctor,-3f , of -hic%l is for 22 ?�hyical thC?rc p,T =o.^ per rleC_: c?1C' ar-1 :11C- h^11:' , aI1C �1a1'1ClCU"''f^ 23 tr u,--m ti0e . hor n l r onC y nro-eKis till- Con:-ttion. Plaintl_f affirm. that filer rnstraiilin,r- order agaLict fella-:- teIlantc shoulc; have 24 SUCta"_1C'.C_ at thn nccic:.ent, ariC- Ui1?CE?�='.�_ter. c%=r ct should have been 25 ^.ivC'C: -n, COui t he ve been av0'_�'•_r'C: by t12C' Oi= CE i;3 �;1:1�i;� talhin t0 nl1 nritatnd '�` rti nn ,-•'n0n JUC_e1 �. l =-'1 r , �._ �.�, _ �._ �, :� ... L o cer, .�.,; ,.-.�11n -�n-:. D:iviS. 26 Doilil,. _.:i^a_^, -and T-aysie Ca�!e'r. As ' a result, t'ze o 'ficial legal 27 rc c t_ainini, orC_et c in t t'I laintiif' ._ -ellow tr:nc.11t~ -.-ere 28 i; 1loreC- an-. arocc^._. -voiIXC.. I= ,.r.ythin. - the ot], � 'ello tFrlant'. -ho.t?_. have been a r- cstc --or v=o-I ntin p'., jilti'f 9: orC_er 29 Lo _aintif-L t.here-Core --,uc, for both 30 com-Dens^tory damages the vin a_'' ; j20, 300, 000.00 r_c unitive 31 c-�-=€age= 'i,ilE' "um of :;500, 000, 000. CO for the illtenti oval infliction of er:lotional dict-ress, -•-hi ch caused tr,iria to plaintiff, otaling 32 the SLL'1 07' $1. Billion Dollars. Z) � 7 orney A Al i, r<NE y.OH t1NHLPRESENTED PARTY(NAME ,.SID A DRESS) TELEPHONE NO FOR COURT ULA UN M Lkj� 4(.5- 14 o 7 ?, r I ^ . ATTORNEY FOR(Name) n� tJ ��it &e, e SUPERIOR COURT OF CALIF6RNIA, COUNTY OF CONTRA COSTA J.8. UL'bbUN, Lou it t;:8rk- 7 2 5 Court Street CONTRA COSTA CUNTY P. O. Box 911 M.Aller,Jorr);, (?�o!ry Martinez . CA 94553 C PLAINTIFF ,2. �1��r`��{— iK c L) D DEFENDANT r M V L6od ( I ,(� E ORDER TO SHO CAUSE (HARASSMENT) CASE NUMBER ,AND TEMPORARY RESTRAINING ORDER n Sr' R 3 P) 4 1.TO(List name of each defendant). r% N � G11 I u4 R-- 2. YOU AR DERED to appear at a hearing to this court a. On (date) `�. . , . . . b. at(time): . . q! m +�t is a correctit.CO y c In (room, department, division): 13. . . . . . . . . . his d� f j►e InIS of the origmal- On o ice. 1 d Located at(address) COU^7K„EE COURT & MAIN ST'S. ATTEST JUL 31986 j� VLR.I iris CA. P.O. BOX 911 J.R. OLSSON County Clerk ani P ,x.cfflcioC Gepini on and and to give any legal reason why there should not be issued againstyr:.arG�lri A (Q Igltfng (pT Couo Harassment. and such other relief as the Court may order. B)f�. ty Clerk 3 TEMPORARY RESTRAINING ORDER n a Pending the hearing, the Court further ORDERS THAT(Name): Q4,ti•. ���C(.t ti�Of2�IL Defendant, is prohibited from alarming, annoying, or harassing(Name): i.�le (t2--pK V-=I'� ANS pAVI S Plaintiff, and SPECIFICALLY ORDERS THAT DEFENDANT: (a) [ Refrain from threatening, striking, or making physical Contact with Plaintiff. (b) Remain at least yards away frorg the following locations. (043 e. (e) Q Remain at least . . . yards away from the following persons(Specify). crl (f) 0 Refrain-from contacting Plaintiff by'telephone. (g) [] Retrain from blocking Plaintiff's movements in public places or thoroughfares. (THE TEMPORARY RESTRAINING ORDER IS CONTINUED ON THE REVERSE) VIOLATION OF'THIS TEMPORARY RESTRAINING ORDER IS A MISDEMEANOR tt you do not hie a Rpsponse.to Petition for Injunction Prohibiting Harassment or it you do not appear at the Court hearing the Court may make further orders against you Form Approved by the Jud'c.al Coonca or Caiaorn a ORDER TO SHOW CAUSE (HARASSMENT) Effective January t 1979 AND TEMPORARY RESTRAINING ORDER CCP 527 e ('7R SM 1 -80 3 ® (Temporary Restraining Order—Continued from other side): 288369 (h) Other(Specify): J It bo- /a--k Q-A, � f � Lu, I r b. This order shall be enforced,by all peace officers in the State of California. c. Q The Clerk of this Court shall transmit, by the close of business on this date, this Order to the following law erfforcement agencies(Specify):' d. This Order shall expire on(Date): . . �`%;%�11F. . . . . . , 4. Th injunction has been spu ht D�1�P laintitf(Specify Name): �. / f Z. ' v Ark,�• i A u _ ��l( / and is based upon the PaLilibn for Injunction Prohibiting Harassment. 5. The defendant sh I be personally served with a copy of this Order to Show Cause, the Petition for Injunction Prohibiting Harassment, a blank Response to Petition for Harassment, and the Instructions for Lawsuits to Prohibit Harassment no later than(Date): . 6. Date:. . . . . . . . . . 7. hep•of sup•rww Cowl RICHARD L MISTY. STY. %too I i;OP COURT USE ONLY ATI, _Y VA-,_NAEPAESENTE0 PARTY MAM[ AN-ADORESS) TELEPHONE.NO l -IN. ,-- L/ t. Lj�rC( -T �-g AT TOPwE Y-FOR(Name) dq� SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA J.f3 O.Lbb Lountv 725 Court -%Street CC),ITRA COSTA COUN-1 Y P . D. Box 911 Martinez, CA 94553 PLAINTIFF (",S 4i, Rut's DEFENDANT7- qVb-,; johnlz PETITIONFOR L �INJ CTION PROHIBITING HARASSMENT 9 CASE NUMBER 6 8 rK APPLICATION FOR TEMPORARY RESTRAINING ORDER I This suit is filed in this county because a. = Defendant resides in this county.b. [Defendant has caused physical injury to Plaintiff in this county. c. F-1 Other(Specify). 2 This suit is not filed under laws against domestic violence because a. (_ ) Plain.tiff and Defendant are not married, are not living together, and have not lived together in the past. lk *Although Plaintiff and Defendant are married or have lived together. Defendant's course of conduct has not ,(t,, included acts of violence which resulted in physical injury to Plaintiff. c J 0:1her(Specify): 3 This suit is not brought under laws against unfair'debt collection practices because a r I Defendant does not claim Plaintiff owes a debt.b r---I Defendant is not a debt collector:.c. Other(Specify): 4 Defendant has done acts which seriously alarm. annoy, or harass Plaintiff as follows: a Period or approximate date of acts *A (7 pill 4 L OL QL g4 b Acts (Specify' �4� � - �,?.�' ��e'� � 7 Sit v. -jr-, J /efdefe 411 f4 94�t I 5. Plaintiff has actually su' d sub Jemotional distress as a direct e defendant 4 stan'tia result n a s conduct Give details of the emotional distress)1AJ( .54-r_1. _41 4% 6 Defendants conduct would have caused a reasonable person to sufr�su_'dVntial emotional distress- 7 Defendant's course of conduct has been directed specifically against Plaintiff and is knowing,wilful,not constitutionally protected ano without legitimate purpose. Coorrianued an reverse) READ"INSTRUCTIONS FOR LAWSUITS TO PROHIBIT HARASSMENT" BEFORE FILLING OUT THIS FORM. Form AP0foV*0 VY IMS Ju 'Cig,Counci,ot camotnis PETITION FOR INJUNCTION 'o PROHIBITING HARASSMENT CCP 527 6 ElfectivItionuory 1 1979 CIO C'm 1 - 80 r] PLAINTIFF REQUESTS A TEMPORARY RESTRAINING ORDER because Plaintiff will suffer great and irreparable injury before this Petition can b and in court.That jury ill be (Give details of injury and why it will occur afore court hearing) 9. Additional pages are attached and incorporated as a part of this Petition to give further details concerning Defendant's conduct and Plaintiff's emotional distress. • 10. Defendant lives at a [_] Unkn wn 11. Defendant works at: a. pTunknown b. (� (Specify) .(:7� b. =�pecify): )- a,� 7 12 PLAINTIFF REQUESTS THE FOLLOWING RELIEF FROM THE COURT: a ; A Temporary Restraining Order (Set forth terms on 'Order to Show Cause (Harassment) and Temporary Restraining Order") b ( ] An injunction prohibiting harassment(Set forth terms on "Order to Show Cause(Harassment)and Tempo- rary Restraining Order') c ] Nonce of the Court's order be given to the following law enforcement agencies(Specify) Agency Address d Reasonable attorney's fees e L%Z Court costs f Additional relief as may be proper 13. Date: . --�. �G' . . . . . . . . . 14. � $' Ji�ur.,l�OI(Allpnly IOr�Pll�lfl� 1 Pnnt or type name 16. r7 Verification(Optional—see instructions Must be verified for Temporary Restraining Order.) a. I know the facts in this Petition are true of my own knowledge, except as to those which are stated on information and belief. and as to those matters. 1 believe them to be true. b ` ,1 ' am the Plaintiff c Jv__1I am.the attorney for Plaintiff and I make this declaration in theplace of plaintiff because(Specify) d I declare oder enalty ul perjury that the foregoing rs true and �7cor_rec ,and that t jIsecla atron rs ecuted on tDate) �'n1fjn,�(�� f at(Place)17 18. alrfo.nra l J Typo O,P-t Nlme `� / Sgniture The declaration under penalty of perjury must be signed in California. or in a state that authorizes use of a declaration in place of an affidavit. otherwise an affidavit is required v i Aefks ; �1. C2 Fl-, CLAIM X/V BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT August 12 , 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: Undetermined given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". %*OUnty Count CLAIMANT: MARY KATHRINE MCNEIL JORDANJAL ti 1 1986 .ATTORNEY: C/o0P . Randall Box L. Thompson ��n�riej� CA 8455; 41 ADDRESS: Walnut Creek, CA 94598 Date received BY DELIVERY TO CLERK ON: July 16, 1986 'BY MAIL POSTMARKED: July 15 , 1986 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 13 , 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 (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. 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: C 7y�� By: . 4A-4Z­__-4C/_-C—deputy County Counsel 111. 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 Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order nt red in its minutes for this date. Dated: AUG 12 1986 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov, code section 913) Subject to certain exceptions, you have only six (6) months .from the date this notice was personally'�erved 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 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA J BOARD ACTION Claim Against the County, or District governed by) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Augu s t 12 , 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: Undetermined given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". CLAIMANT: MARY KATHRINE MCNEIL JORDAN ATTORNEY: c/o Randall L. Thompson P.O. Box 31041 ADDRESS: Walnut Creek, CA 94598 Date received BY DELIVERY TO CLERK ON: July 16, 1986 BY MAIL POSTMARKED: July 15 , 1986 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 13 , 1986 BY: Deputy , L. Hall II. 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: Deputy 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 ( ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally'3erved 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 1 RANDALL L. THOMPSON R,ECEI V ED 2 Attorney at Law Post Office Box 31041 Walnut Creek, California 94598 JUL 3 Telephone: (415) 933-4717 oo- PA OA MEIOR 4 CL A F SU ESOgS eu 5 6 In re: The claim of ) CLAIM PURSUANT TO MARY KATHRINE MCNEIL JORDAN ) GOVERNMENT CODE 7 8 COMES NOW the undersigned claimant who claims of each party 9 served herewith and alleges as follows: 10 1 . The claimant herein is MARY KATHERINE MCNEIL JORDAN 11 ("Claimant") , a resident of Contra Costa County, California, 12 whose address is 2015 Estudillo Street , Martinez, California 13 94553. 14 2. The following occurrence which gives rise to this claim 15 occurred on April 10 , 1986, at approximately 8 :30 p.m. on the 16 premises of MARTINEZ ELEMENTARY SCHOOL, 850 Jones Street , 17 Martinez, California. 18 3. On the aforementioned date, Claimant was an invitee on 19 the premises of MARTINEZ ELEMENTARY SCHOOL for the .purposes of 20 attending a scheduled student registration for her children. 21 Claimant legally parked her vehicle in an area marked for 22 visitors and followed signs along a path directing her toward 23 registration activities in the school auditorium. Upon exiting 24 the auditorium to return to her car along the aforementioned 25 path, Claimant slipped and fell off of an inadequately marked 26 slope in an area which was poorly lighted so as to constitute an 27 unsafe condition of public property , thereby sustaining fractures 28 1 1 and other leg injuries, including but not limited to injuries to 2 her foot and knee, and other injuries according to proof. 3 4. Claimant as the proximate result of her injuries has 4 suffered, and hereby makes claim for, general and special damages 5 in an amount to be determined according to proof by the time of 6 trial , which damages claimant believes to . be in excess of 7 $25,000.00 based on medical bills , loss of use, emotional 8 distress , pain and suffering and potential for existing and 9 residual damages , and for punitive damages in an amount to be 10 determined if the facts are proven to give rise to such claim. 11 5.. Claimant requests that all further communications 12 regarding this matter be directed to Randall L. Thompson, 13 Attorney at Law, Post Office Box 31041 , Walnut Creek, California 14 94598, Telephone (415) 933-4717 . 15 Dated : July 15, 1986 16 17 18 M KATHERINE MCNEIL RDAN 19 20 21 22 23 24 25 26 27 28 2 I PROOF OF SERVICE 2 I declare that I am a resident of the county of Contra 3 Costa, California. I am over the age of eighteen years and 'not a 4 party to the within cause. 5 On July 15, 1986, I served the within CLAIM PURSUANT TO 6 GOVERNMENT CODE by placing a true copy thereof enclosed in a 7 sealed envelope with postage thereon fully prepaid , in the United 8 States Mail at Walnut Creek, California addressed as follows , and 9 also by personally delivering an additional copy of said CLAIM to 10 each of the addresses below: 11 Martinez Unified School District 12 921 Susana Street Martinez, California 94553 13 Attention: Superintendant 14 City of Martinez 525 Henrietta Street 15 Martinez, California 94553 Attention : City Clerk 16 Board of Supervisors - Clerk 17 County of Contra Costa 651 Pine Street 18 Martinez , California 94553 19 I declare under penalty of perjury that the foregoing is 20 true and correct , and that this declaration was executed on 21 July 15 , 1986, at Walnut Creek, California. 22 23 Emily A.U, hompson 24 25 26 27 28 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT August 12 , 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: Undetermined given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". CLAIMANT: MARY KATHRINE MCNEIL JORDAN GOV up88l ATTORNEY: C/O Randall L. Thompson ,u1- 211g�6 P.O. Box 31041 @@ ga553 ADDRESS: Walnut Creek, CA 94598 Date received July 15, 19e1e' Gone :.. . BY DELIVERY TO CLERK ON: p BY MAIL POSTMARKED: envelODe with no postmark 1. FROM: Clerk of the Board of Supervisors TO: :County Counsel Attached is a copy of the above-noted claim. July 1 8 PHIL BATCHELOR, CLERK u DATED: Y , 1986 BY: Deputy , L. Tiall I1. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) 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. 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: 4 Dated {. C� c� By: Deputy County Counsel 111. 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 Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: AUG 12 1986 PHIL BATCHELOR, Clerk, By � �� Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally'3erved 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 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the.Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Augu s t 12, 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: Undeterminedgiven pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". CLAIMANT: MARY KATHRINE MCNEIL JORDAN ATTORNEY: C/O Randall L. Thompson P.O. Box 31041 ADDRESS: Walnut Creek, CA 94598 Date received BY DELIVERY TO CLERK ON: July 15, 1986 telephone BY MAIL POSTMARKED: envelODe with no postmark 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 18 , 1986 BY: Deputy L. liall II. 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: Deputy 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 ( ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By 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 •.- `l1 (,:."(Y! C�.1-� r rpt v(,6 RECEIVED • 1 RASDALL L. THOMPSON Attorney at Law 10 ,. 2 Post Office Box 31041 JUL )SH Walnut Creek California 94598 I:aSP!+^. q PHIL BATCHELOR 3 Telephone : (415) 933-4717 EAKso 0OFSUP vISO CO A COST ear:. V-A .. jr DeDpty 4 5 6 In re: The claim of ) CLAIM PURSUANT TO MARY KATHRINE MCNEIL JORDAN ) GOVERNMENT CODE 7 ) 8 COMES NOW the undersigned claimant who claims of each party 9 served herewith and alleges as follows: 10 1 . The claimant herein is MARY KATHERINE MCNEIL JORDAN 11 ("Claimant") , a resident of Contra Costa County, California, 12 whose address is 2015 Estudillo Street , Martinez , California 13 94553. 14 2 . The following occurrence which gives rise to this claim 15 occurred on April 10, 1986, at approximately 8:30 p.m. on the 16 premises of MARTINEZ ELEMENTARY SCHOOL, 850 Jones Street, 17 Martinez , California. 18 3. On the aforementioned date , Claimant was an invitee on 19 the premises of MARTINEZ ELEMENTARY SCHOOL for the purposes of 20 attending a scheduled student registration for her children. 21 Claimant legally parked her vehicle in an area marked for 22 visitors and followed signs along a path directing her toward 23 registration activities in the school auditorium. Upon exiting 24 the auditorium to return to her car. along the aforementioned 25 path, Claimant slipped and fell off of an inadequately marked 26 slope in an area which was poorly lighted so as to constitute an 27 unsafe condition of public property, thereby sustaining fractures 28 1 I and other leg injuries, including but not limited to injuries to 2 her foot and knee, and other injuries according to proof. 3 4. Claimant as the proximate result of her injuries has 4 suffered, and hereby makes claim for, general and special damages 5 in an amount to be determined according to proof by the time of 6 trial, which damages claimant believes to be in excess of 7 $25,000.00 based on medical bills , loss of use, emotional 8 distress , pain and suffering and potential for existing and 9 residual damages , and for punitive damages in an amount to be 10 determined if the facts are proven to give rise to such claim. 11 5. Claimant requests that all further communications 12 regarding this matter be- directed to Randall L. Thompson, 13 Attorney at Law, Post Office Box 31041 , Walnut Creek, California 14 94598, Telephone (415) 933-4717. 15 Dated : July 15, 1986 16 17 ` 18 M KATHERINE CNEIL RDAN 19 20 21 22 23 24 25 26 27 .28 2 1 PROOF OF SERVICE 2 I declare that I am a resident of the county of Contra 3 Costa, California. I am over the age of eighteen years and not a 4 party to the within cause. 5 On July 15, 1986, I served the within CLAIM PURSUANT TO 6 GOVERNMENT CODE by placing a true copy thereof enclosed in a 7 sealed envelope with postage thereon fully prepaid , in the United 8 States Mail at Walnut Creek, California addressed as follows , and 9 also by personally delivering an additional copy of said CLAIM to 10 each of the addresses below: 11 Martinez Unified School District 12 921 Susana Street Martinez, California 94553 13 Attention: Superintendant 14 City of Martinez 525 Henrietta Street 15 Martinez , California 94553 Attention: City Clerk 16 Board of Supervisors - Clerk 17 County of Contra Costa 651 Pine Street 18 Martinez , California 94553 19 I declare under penalty of perjury that the foregoing is 20 true and correct , and that this declaration was executed on 21 July 15, 1986 , at Walnut Creek , California. 22 23 Emily A. hompson 24 25 26 27 28 CLAIM A�9 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Augu s t 12, 1936 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: $250, 000. 00 given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". County Counsel CLAIMANT: COY LEE HOKETT ,JUL Z 1 1986 ATTORNEY: 53 300 ValleylE. Brinkan,St . Suitem201 ESQ Martinez, CA 94'5 ADDRESS: Sausalito, CA 94965 Date received Jul 14 1986 BY DELIVERY TO CLERK ON: y hand del . BY MAIL POSTMARKED: no envelove 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 18, 1986 BY: Deputy L. Hall 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 - o�� ;1 By: L y County Counsel 1I1. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1V. BOARD ORDER: By unanimous vote of the Supervisors present (x) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct. copy of the Board's Order entered in its minutes for this date. Dated: .AUG 12 1986 PHIL BATCHELOR, Clerk, By, Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally•§erved 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 Michael E. Brinkman Attorney at Law 1p 300 Valley Street Suite 201 oAl Sausalito, California 94965 (415) 332-5545 Mailing Address: P.O. Box 1313 VW ��"' Sausalito, California 94966 CLAIM AGAINST CONTRA COSTA COUNTY Pursuant to California Goverment Code Sections 910 et seq. Claimant's Name: Coy Lee HORETT Claimant 's Address: c/o Michael E. Brinkman Esq. and Address to which 300 Valley Street Suite 201 'Notices are to be sent: Sausalito, CA 94965 Phone number: 415/332-5545 Date of Incident: April 7, 1986 Location of Incident: at or near 828 Main Street Martinez, California Nature of Occurence: Claimant was run down by County Sheriff 's vehicle and sustained a broken leg, the Deputy then beat Claimant while he awaited treatment at County Hospital and was then denied the opportunity to have treatment for these injuries for four days by the Deputy and the County Jail staff. Injury sustained by Claimant: Broken leg, pain and suffering, loss of civil rights. The full names and capacities of the public employees causing and/or permitting these injuries is not yet known. The total .amount of damages suffered by Claimant in this occurence are $ 250,000.00 and consist of pain and suffering, loss of earning capacity, special medical expenses, and such damages as may be determined for the loss of his civil rights. Signed on behalf of Claimant Michael E. Brinkman Attorney for Claimant ;. CLAIM / BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District governed by) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT August 12 , 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), given pursuant to Government Code Section 913 a n d Amount: Unspecified 915.4. Please note all "WARNINGS". CLAIMANT: STEVE TINGIDAHL County t uv-f ATTORNEY: JUL 15 1986 : ADDRESS: Route 2 Box 221A Date received artinez CWx Brentwood, CA 94513 BY DELIVERY TO CLERK ON: July 14, 1936 BY MAIL POSTMARKED: July 11 , 1986 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 15 , 1986 BY: Deputy L. Hall II. 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 19Y6 By: ty County Counsel 111. 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 X) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order.ent red in its minutes for this date. Dated: A V G 121986 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally'3erved 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 WRITE IT! - DON'T SAY IT! 8 8 3 6 9 CONTRA COSTA COUNTY TO Steve Tingdahl DATE 6/18/86 FROM SUBJECT sue�ECT Claire Form The enclosed form is provided for your convenience in filing a claim for damage to your vehicle. Please return the claim to the office of the Clerk of ! the Board of Supervisors for filing. i SIGNERS O PLEASE REPLY WRE TO DATE I SIGNED INSTRUCTIONS-FILL IN TOP PORTION,REMOVE DUPLICATE(YELLOW'AND FORWARD REMAINING PAPTS WITH CARBONS. TO REPLY FILL IN LOWER PORTION AND SNAP OUT CARBONS RETAIN TRIPLICATE'PINK,AND RETURN ORIGINAL FQRMW-:)3 (s t CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 10.Oth day after the accrual of the cause of action. . Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553 (or mail to P.O. Box 911, Martl.nez, ,CA) . C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by )Reserve stamps ) RECEIVED ) JUL ��1906 Against the COUNTY OF CONTRA COSTA) A f `°" or DISTRICT) (Fill in name ) �r .. . .r. .. ....... ......... 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: i. When did the damage or injury occur? (Give exact date and -hour) - ----- --T -th - -------- -------------------------------;———— 2. Wher did e-d-amage or injury occur? (Include city and county LA.Lfl Loj_ 2-:,2 17Z_Y_ 3. How did the damage or injury occur? (Give full details, use extra- sheets if required) -------------------------------------- 4. What particular act or 'omissi n on the part of county or district officers , servants or employees caused the injury or damage? hey were T 11, C i 14,,4 ° ' P S�;'14JTYKE le , (over) 5. What are the names of county or district officers, -servants:,!or I employees causing the damage or injury? -- ------ ------------------------ K. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) I/ ---- -------------------------- 7. ow was the amoun claimed above computed? (Include the estimated amount of any prospective injury or damage. ) ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. 9.' List the expenditures you made on account of this accident or injury: DATE ► ITEM AMOUNT � f Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney Claimant's Signature Address Telephone No. Telephone No. ************************************************************************** NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, .or writing, is- guilty of a felony. " 72 DATE z Z/o Z-gf-4 NAME ADDRESS SOLD BY CASH G.O.D. CHARGE ON ACCT. MDSE. PAID OUT RETD. • DESCRIPTION • 1 2 4 .5 6 r: 8 10 - 11 12 CUSTOMER'S ORDER NO. RECD BY KEEP THIS SLIP FOR REFERENCE SH528 OO i CARS-TRUCKS-BOATS-RV'S Antioch Auto Detail 9766 . (415) 757-6575 814 WEST 10th STREET ANTIOCH,CA 94509 t PURCHASE ORDER CUSTOMERS ADDRESS � PHONE LIC.NO. LAKEZ Y AR I DATE NEW USE I DESCRIPTION OF WORK EMPLOYEE PRICE AMOUNT WAX BUFF&WAX. 2/WAY COMPLETE ENGINE CLEAN ' i i ENGINE DETAIL INT.ONLY I j DYE TOP UNDERSEAL i i i • 1 j TOTAL _ WE ASSUME RESPONSIBILIT INMOVING OXIDIZED PAINT i AS BUFFER MAY CAUSE REMOVAL OF PA NT EXPOSING BARE METAL. I herby authorize the repair work to be tone along lelith the necessarymateriels. You end your employers may operate vehicle or purposes or testing, inspection or delivery n my risk. An ertprees mechanics lien is acknowledged on veh.de to eetane the amount of repairs thrsnoYou will Yowill not be held responsible for loss or Oemega to vehicle or rsucles left m vehicle iin case o1 lire,theft,sim dent or any other cause beyond your Control. SIGNED X TERMf CASH:UNLESS ARRANGEMENTS MADE PRIOR TO AUTHORIZATION CLAIM / '. . BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION t...:. Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT August 12 , 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". CLAIMANT: GEORGE MALANEY AND ANN MALANEY ATTORNEY: Donald K. Bussiere, Esq: County Counsel Weinberg, Campbell & Stone JUL � 1 1986 ADDRESS: 765 Bridgeway Date received Sausalito, CA 94965 BY DELIVERY TO CLERK ON: July lWah n. ...___ BY MAIL POSTMARKED: July 15 , 1986 Certified P618270315 I. FROM: Clerk of the Board of SupervisorsCounty Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK DATED: July 18, 1986 BY: Deputy rywif 407 t/) E. lIall II. 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: Oatedc-- By: �—� ' C, -C.C� puty County Counsel 1I1. FROM: Cler 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 (x) This Claim is rejected in full. ( ) Other: I certify/that this is a true and correct .copy of the Board's Order nter d in its minutes for this date. Dated: AUG 1 2 lquc PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING .(Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally'lerved 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 i.n connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ' BOARD ACTION Claim Against the County, or District governed by) �!he Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT August 12, 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". CLAIMANT: GEORGE MALANEY AND ANN MALANEY ATTORNEY: Donald K. Bussiere, Esq. Weinberg, Campbell & Stone ADDRESS: 765 Bridgeway Date received Sausalito, CA 94965 BY DELIVERY TO CLERK ON: July 16 , 1986 BY MAIL POSTMARKED: July 15 , 1986 Certs sed P618270315 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 18 , 1986 BY: Deputy U. Hall II. 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: Deputy 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 (X ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order nt red in its minutes for this date. Dated: AUG 12 1986 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally'5erved 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 1 WEINBERG, CAMPBELL & STONE Including Professional Corporation 2 Sausalito, auto, ay Ca RECEIVED Sausalito, Calif ornia 94965 3 Telephone (415) 331-1517 JUL lt6 1925 4 Attorneys for Defendants and Cross-Complainants GEORGE MALANEY CL!$ Lehr MEL 5 and ANN MALANEY �o S,up� oas Uty 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 STATE FARM FIRE & CASUALTY N0. 255495 COMPANY, 11 Plaintiff, 12 V, CLAIM FOR COMPARATIVE 13 INDEMNITY ROBERT R. SHEETS, GEORGE 14 MALANEY, ANN MALANEY, DENNIS (CROSS-COMPLAINT OF GENE WOODRUFF and BECKY WOODRUFF, REINDL and ALLSTATE IN- 15 COUNTY OF CONTRA COSTA and SURANCE COMPANY, INC. FOR DOES 1 through 50, INDEMNITY, NEGLIGENCE, 16 NUISANCE AND INVERSE CON- Defendants. ON- Defendants. DEMNAT ION) 17 18 GEORGE MALANEY and ANN MAL AN EY, 19 Cross-complainants, 20 V. 21 DENNIS WOODRUFF, BECKY WOODRUFF, ROBERT R. SHEETS, COUNTY OF 22 CONTRA COSTA, HAROLD RICKER, WANDA RICKER, ROBERT FLORES, 23 FRANCIS FLORES, GENE REINDL, and ROES 1 through 50, 24 inclusive, 25 Cr oss-def endants. 26 TO: THE COUNTY OF CONTRA COSTA 27 1. CLAIMANTS George Malaney and Ann Malaney 28 NAME : 1 2 . CLAIMANTS 626 La Paloma Road, ADDRESS : El Sobrante, California. 2 3 . AMOUNT OF Contingent and unknown at this time; 3 CLAIM: claimants seek indemnity for damages claimed by cross-complaint of Allstate 4 Insurance Co. and its insured, Gene Reindl, in State Farm v. Sheets Contra 5 Costa Superior Court Action No. 255495 (see attached copy of Cross-complaint of 6 Reindl and Allstate) 7 4 . ADDRESS TO WHICH Donald K. Bussiere, Esq. NOTICES ARE TO Weinberg, Campbell & Stone 8 BE SENT: 765 Bridgeway Sausalito, California 94965 9 5. DATE OF Cross-complaint filed March 26 , 1986; 10 OCCURRENCE : served on claimant June 10, 1986; date of underlying incident/landslide 11 (approximately) March 30, 1983 . 12 6. PLACE OF At or near 4610 Driftwood Court, OCCURRENCE; 626 La Paloma Road, 616 La Paloma Road, 13 and 15 McCormick Road, El Sobrante, Contra Costa County, California, 14 7. NATURE OF Contra Costa County employees (building 15 OCCURRENCE : inspection department, grading techni- cians, etc. ) negligently supervised 16 placement of fill materials on subject properties ; Contra Costa County negli- 17 gently maintained its drainage easement on and through subject properties; 18 Contra Costa County allowed nuisance condition to exist on its drainage ease- 19 ment running through subject properties; improper maintenance of County's drain- 20 age easement through subject properties constituted taking of property from 21 plaintiff' s insureds; the County' s acti- vities in this regard took place between 22 1976 and the present (see attached copy of Complaint) . 23 8 . ITEMIZATION OF Claimants seek indemnity for loss and 24 INJURIES AND damage allegedly suffered by cross- DAMAGES : plainants Allstate Insurance Company, 25 Inc. , and its insureds, Gene Reindl, in the referenced litigation (see attached 26 copy of Cross-complaint) allegedly re- sulting e- sulting from landslide condition on and 27 near property insured by cross-complain- ant. Claimants do not presently know 28 the true extent of any such damages, but 2 . 1 are informed and believe they are in excess of $32 ,000 .00. 2 3 Dated: July 7 , 1986 WEINBERG, CAMPBELL & STONE 4 5 By: DONALD K. BUSSIERE 6 Attorneys for Claimants GEORGE MALANEY and ANN 7 MALANEY 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. M I I I LAW OFFICR• I CIARDOZo, NIOSBRBON, MARTELLL CURTIS & ARATA DD ` 1130 TWELFTH STREET, QUITE O MAR 26 1c`E POST OFFICE sox 0030 3 MODC6TO. CALIFORNIA 98333 J. R. OLSSON, County Clerk 'ML[PHONK wool 1121.1000 CONTRA COSTA COUNTY „ ' 7`1 U it y of" 5 Attorneys for Cross-Complaintants Gjine Reindlo' and Allstate Insurance Company, Inc. 6 i 7 8 SUPERIOR COURT OF CALIFORNIA, FOR TETE COUNTY OF CONTRA COSTA 9 10 STATE FARM FIRE AND CASUALTY, ) Plaintiff ) 11 ) NO: 255495 I c 12 vs- 13 s.13 ROBERT R. SHEETS, ET AL ) ,lei gligen ce, Nuisance',' & Defendants ) Inverse Comdemnation 14 ) 1S Gene Reindl and Allstate ) Insurance Company, Inc. , ) 16 Cross,�omplaintants ) 17 vs. ) 18 Robert R. Sheets, ®prq® Malaney °►;tin '>!�alaney' Dennis Woodruff and ) . 19 Becky Woodruff; County of Contra ) Costa and Roes I through 50 , ) 20 Inclusive, Cross-Defendants ) 21 AND RELATED CROSS COMPLAINTS ) 22 ) 23 COMES NOW CROSS-COMPLAINTANT, GENE REINDL and ALLS('_ATR INSURANCE 24 COMANY, INC. AMID Cress-Complaints against Cross-Defendants and each of 25 them for the causes of action as alleged as follows: 26 ��� I 1 GENERAL ALLEGATIONS APPLICABLE TO ALL CAUSES OF ACTION 2 1. Cross-Complaintant, Gene Reindl is and • at all times herein i 3 alleged was a resident. of the State of California. Cross-Complaint- 4 ant, Allstate Insurance Company, Inc. is a corporation qualified ' . I 5 to do business in California. I 6 2 . Cross-Defendants are and at all times mentioned were, j 7 individuals, partnerships, associations, and corporations doing i 8 busines in the Siate of California. Cross defendant, County of I 9 Contra Costa is a public entity organized and existing under the i 10 laws of the State of California. 11 3. Cross-defendants herein under the fictitious names of i 12 Roes 1 through 50 , Inclusive, are sued herein under such fictitious . 13 names pursuant to the terms and provisions of California Code of i 14 Civil Procedure Section 474. Cross-complaintant is informed and 15 believes and thereon alleges that each of said Cross-Defendants 16 Roes are somehow legally responsible for those matters hereinafter 17 alleged. Cross-Complaintant does not at this time .'know the true 18 names and/or the. capacities of said defendants but prays that 19 the same may be :inserted herein when ascertained. 20 .4. That at all times herein mentioned each cross-defendant was ' 21 an agent, servant, or employee of the other cross'defendants herein ' 22 named; that at all of the same times, each said cross-defendants 23 were - acting within the course and scope of said agency, service or 24 employment. 25 5. That Allstate Insurance Company, Inc. issued a policy of 26 Insurance to Gene Reindl to cover dwellings, appertinent lands and t I improvements located at 4610 Driftwood Court, E1 Sobrante, California . 2 FIRST CAUSE OF ACTION (Negligence against Cross-Defendants, 3 Sheets, Malaney, Woodruff, and Roes 1 through 20 . ) 4 5 6. Cross-Defendant' s Sheets, Malaney, Woodruff, and Roes .l 6 through 20 , were at all times mentioned herein, the owners of I 7 real property with lots that contain and/or abutt upon a natural 8 draining area and a drainage easement recorded. on Maps of Tract 229.. 9 in the County of Contra Costa, California. 10 7. C Toss-Complaintants are informed and believe and thereon 11 allege that said Cross-defendants, and each of them, so negligently 12 owned, developed and maintaind their properties as to cause 1 13 unengineered fill, earth, dirt, or other material on the respective 14 properties to slide, move, or accumulate, so as to block the 15 natural and artificial drainage ways at the rear of their respeq.tive 16 properties. 17 8. The blockage of the drainage ways at the rear of the 18 said cross-defendants properties has dammed up and caused a diversion ', 19 of the waters intended to flow thorugh the drainage area. Said 20 blockage caused waters to flow through subsurface channels and caused 21 a weakening of the soils and earth on the lots to the south of 22 Driftwood court including Cross Complaintant' s Gene Reindl. 23 9. On or about March 31, 1983, the slopes of. the south side 24 of Driftwood Court failed causing damage to the lands and improvement;: 25 thereon, among %yhich were the dwellings owned by Gene Reindl and 26 insured by the Cross-Complaintant, Allstate Insurance Company, : Inc. i i 1 10. The Cross Complaintant' s are informed and believe 4Lnd 2 thereon allege that the damage to the property of Oene Reindl. could ' 3 not have occured but for the presence of the subsurface waters j 4 caused by the damming and diverting of the natural and artificial i i 5 drainage ways located at the rear of the cross-defendant' s propertiq i 6 11. The Cross Complaintant, Allstate Insurance Company, Inc , 7 has been required under the terms of an insurance policy to 1 8 Gene Reindl, to expend sums of money in order to repair any 9 improvements located thereon. damaged by the actions of the i 10 Cross-defendants. Allstate Insurance Company Inc. , is subrogated 11 to the rights of its insured, Gene Reindl to recover expenditures 12 from responsible parties and hereby makes claim for the damages 13 incurred. The present amount of property damage is $32, 239.45. i 14 The Cross-Complaintants are informed and believe and thereon allege 15 that damages may be of a continuing nature and therefore allege 16 that there may be additionald damages according to proof at the 17 time of trial. 18 SECOND CAUSE OF ACTION (Negligence against the County 19 Of Contra Costa and Roes 20-40) 20 21 12. Cross Complaintants incorporates by reference, paragraphs ' 22 1 through 11 of the Cross complaint as alleged herein. 23 13. At all times mentioned herein, the County of Contra i 24 Costa was a public entity organized and duly existing under the 25 laws of the State of California. 26 /// i 1 14. Cross Complaintants are informed and believe and thereon 2 allege that the Cross-defendants, County of Contra Costa and i 3 Roes 20-40 , Inclusive, were the public entities responsible for 4 the regulation and inspection of the development of the properties j 5 belonging to the other cross-defendants. 6 15 . Cross complaintants further allege that the cross-defendan I 7 and each of them -failed to take reasonable care in the regulation, ' I g enforecement, inspection or testing of fill placements and 9 improvements located on the properties in and around the area of 10 the drainage easement recorded on Maps of Tract 2293 in the 11 County of Contra Costa,. . California. l i 12 16. The acts and omissions of the Cross defendants and 13 each of them, as alleged herein proximately caused the earth 14 movement and landslide on the properties of Gene Reindl destroying 15 and damaging improvements thereon. 16 17. By reason of the foregoing acts and. admissions of the 17 Cross-defendants, Cross Complaintant has been required under the 18 terms of an insurance policy to expend sums of money to repair f 19 the lands and improvements located on Gene Reindl ' s property. Cross ) i 20 Complainant subrogated to the right of its insured, Gene Reindl, � 21 to recover its expenditures from responsible parties, and hereby j 22 makes claim for the damages incurred which amount is presently i 23 known to be at least $32, 259. 45 , of 'which amount may be greater and I 24 wll be fully shown according to proof at trial. i i 25 26 i i ` i THIRD CAUSE 07 ?ACTION � 1 (Inverse Comddmnation against j County of Contra Costa and Roes ' 20-40) 2 i 318. Cross- Complaintants incorporates by reference in paragraph. 1-through 17, in the cross complaint as. alleged herein: S 19 . Cross Complaintants are informed and believe and thereon 6I allege that cross defendants, County of Contra Costa, Sheets, ' 7 Woodruff' s, Malaney' s and Roes 1 through 40 have at all times had 8 an ownership interest in the drainage easement located to the west 9 ' of Driftwood Court, E1 Sobrante, Calfornia Recorded on Tract + 10 2293. Crops-Complaintants are presently unaware of the exact t 11 nature of the ownership interests of such cross-defendants, and 12 when such interests have been ascertained ., Cross Complaintants will 13 ask leave of this court to amend this Cross Complaint to allege 14 such interest. 1520 . Commencing with the Spring of 1978 and continuing to, the 16 present, the ownership and maintenance of the drainage easement, 17 County of Contra Costa and Roes 20-40 has created a dangerous 18 condition in the drainage easement and upon the property adjacent 19 thereto with reasonable forseeability that injury would result i 20 to the neighboring properties. 21 21. Cross Complaintants insured, Gene Reindl did actually 22 sustain injury to his property as a direct result of the dangerous 23 condition which existed in and around the drainage easement. Such 24 damage has occured to the lands insured by Allstate Insuance Company ! 25 Inc. , 26 i 1 22 . Cross Complaintants are informed and believe and theron 2 allege that cross defendants and each of them had knowledge of the 3 dangerous conditions on their properties sufficiently in advance i 4 of the actual injury suffered by the Cross Complaintant Gene 5 Reindl and could have taken measures to protect against the 6 dangerious conditions. 7 23 . Cross Defendants, and each of them failed to take such 8 corrective measures thereby causing injury and damage to the Cross i 9 Complaintants to the extent and amount set presently at $32,259.45 ' I 10 but which is of a continuing nature and the exact extent and amount 1 11 will be shown according to proof at the time of trial. f I 12 .24 . As subrogee of its insured • Allstate Insurance Company, 13 Inc. , has incurred and will incur, attorneys fees, appraisals 14 Ifees , engineering fees and other costs because of this proceeding, j 15 in amounts not yet ascertained which are recoverable in this 16 action under the provisions of Section 1036 of the Code of 17 Civil Procedure. I 18 25 . Cross Complaintants have received no compensation from 19 the Cross Defendants County of Contra Costa and noes 20-40 nor from I 20 any other public entity for the damage to their property. Because 21 of the loss of lands and improvements owned by the Cross Complaintar. Y2 insured, Gene Reindl, Allstate Insurance Company, Inc. has been 23 required to expend sums of money to repair the damage to said 24 property. - Said Cross Complaintant is subrogated to its insured' . i 25 rights to recover these expenditures from the public agencies whose 26 actions resulted in the taking of the said property for public use. I i I AkK P" Adak i FOURTH CAUSE OF ACTION (Nuisance against all parties) 1 2 26. Cross Complaintant incorporates by reference paragraphs i 3 1 through 26 of the cross complaint as alleged herein. . 4 27. At all times. herein mentioned, Cross defendants, County 5 of Contra Costa, Sheets, Malaney, Woodruffs and Roes 1 - 40 6 Inclusive have and improperly used, filled and maintained the M 7 drainage easement in such a manner as to constitute a continuing 8 nuisance to the .property of the cross complaintants insured, Gene 9 Reindl in that said use and maintenance diverted the natural and I 10 artificial surface waters from the drainage easement into subsurface 11 areas which have ultimately caused the weakening, of the soils 12 and movment thereof in and around said properties. 13 28 . Said use and maintenance of the drainage easements by the j 14 Cross defendants and each of them, constitute a nuisance within the 15 meaning of section 2479 of the Civil Code in that it interfered i 16 with the con.fort and enjoyment and the free use of Gene Reindl ' s 17 property. Cross-Defendants and each of them have been placed on thJ 18 Noti6e of damage caused by the nuisance and have been requested to I 19 abate said nuisance. 20 29. As a result of said nuisance, Cross complaintants insured 21 has been damaged in an amount of $32,259.45 and in an amount that 22 may continue to increase and which will be shown according to 23 proof at the time of trial. 24 25 26 i i • 1 FIFTH CAUSE OF ACTION (Indemnity) j 2 i 3 30. Cross-Complaints incorporated by reference in paragraphs 4 1 through 11 of the cross-complaint as herein alleged. 5 .31. Cross-complaintant Robert R. Sheets has filed a cross- 6 ross 6 complaint in the Contra Costa Superior Court Action No: 244945, 7 wherein cross-complaintant Gene Reindl : herein has been named as I g cross defendant. 9 32. Cross Complaintant/Defendant Gene Reindl has denied. cross- I 10 complaintants Robert Sheet' s allegations and has denied that cross- 11 complaintant Robert Sheets is entitled .to any recovery whatsoever . 12 from the cross defendant Gene Reindl thereon.. If any liablility I i13 exists to the cross complaint, Robert Sheets which is specifically I 14 denied by cross complaintant/defendant Gene Reindl herein, then ' 15 and in that event, said liability would be based on the primary 16 and active conduct of the cross defendant named herein, and each 17 of them, whose conduct would be active, direct, and primary, whereas 18 cross complaintapts/defendants Gene Reindl' s conduct would be� 19 secondary, passive and indirect. 20 33. That the . cross complaintant/defendat Gene Reindl has 21 demanded hereby that cross-defendants herein indemnify and hold cross! 22 complainant Gene. -Reindl harmless from any and all liability and 23 costs incurred herein and that said cross-defendants herein 24 refuse to defend and indemnify and hold cross-complaintant /defendan-' 25 Gene Reindl harmless herein. i 26 i . l 1 34 . Cross Complaintant/defendant Gene Reindl is ' informed and 2 believes and herein alleges that each of the cross defendants herein 3 were and are presently the owner in possession and control of i 4 real property or real property easement interest• adjacent to or i 5 near the cross complaintant/defendant Gene Reindl' s property. 6 35 . That by reason of the foregoing and by reason of the i 7 entirety of the official court record in the above-mentioned 8 action, an actual and present controversy exists between the 9 cross complaintaant defendant Gene Reindl and the cross defendants 10 named herein and each of them as their respective rights, duties, I i 11 obligations and liabilities; that cross-complaintant/defendant i 12 Gene Reindl contends that the cross-defendants. herein and each. i i 13 of them are obligated to defend, indemnify, and hold cross- 14 complaintant/Defendant Gene Reindl harmless as to aforesaid . actions ; 15 and that any liability that exists to as to cross-complaintant/ 16 defendant 'Gene Reindl, his agents, and employees arises if at all, 17 based upon his acts were secondary, passive and indirect compared 18 to the actions of the cross defendant above described and their 19 agents and employees, which were, primary, active, and direct. f 20 Cross-defendants .and each of them contend to the contrary. 21 SIXTH CAUSE OF ACTION i i 22 36, Crass-complaintants incorporate by reference paragraphs i 23 1 through ll' of the cross complaint as herein alleged. j 24 37 . In the event that cross-complaintant, Gene Reindl herein 25 incurrs liability to the cross-complainant Robert Sheets in. the - i 16 above described action, said liability should extend only to the i j • I 1 1 amount of damages which is proportionate to the percentage of f i 2 negligence or other fault, if any, which is attributable solely i 3 to cross complaintant Gene Reindl and no more. Cross complaintant 1 4 prays that the comparitive fault of all parties herein should be 5 determined in accordance with comparative fault principle. 6 Cross Complaintant, Gene Reindl is entitled to contribution, 7 comparitive indemnity and apportionment for any liability imposed 8 upon him as a cross defendant in said action. 9 38 . If cross- complaintant Gene Reindl is found to be liable I 10 with any other cross defendants herein, cross complaintant Gene 11 Reindl prays . that he be awarded judgment against said cross defendan .1, 12 and each of them so that liability may be apportioned between and � 13 or among cross-complaintant Gene Reindl and Said cross defendants 14 and each of them in such proportion to the pd:centage of fault.' 15 attributable to each. Such equitable indemnification or contributio, 16 is prayed for pursuant to the decision of American Motocycle Assoc. i 17 vs . Superior Court 20 Cal 3rd 578 , (1978) . 18 Wherefore, Cross complaintants Gene Reindle and Allstate Ins. 19 Company, Inc. , prays for judgment against the cross defendants and 20 each of them as follows: 21 1. For damages in an amount of at least $32 , 259.45 22 or in any greater amount which may be proved at the time of trial 23 with interest thereon at a legal rate from the date of damages, ; I 24 2. For reasonable attorneys fees, appraisal and engineering 25 fees, according to proof. 1 i .26 3. :'For indemnification, reimbursement, and to be held hprmles4 • I i I and safe from any liability and expenses necessary in the.' incident 2 to the defense of the within action and any verdict --:rendered - I 3 therein; I. 4 4 . To be indemnified and reimbursed for the reasonable value 5 of all legal costs and fees expended in defending said action. 6 5. For a declaration from the court as to the respective i 7 rights, duties and obligations and liablilites of the cross- j i 8 complaintant and ,cross defendants. 9 6. For a declaration from the court as to the percentage of I 10 fault attributable to the cross complaintant Gene Reindl if any, 11 and cross defendants herein and each of them; and for such other i 12 and further relief as to the court- seems fit and proper. _ 13 l 14 DATED: L .2._q CARDOZO, NICKERSON, MARTELLI, 15 CURTIS AND ARATA I 16 i 17 BY• 18 AR H. HAYDEN JR. 19 20 i i 21 i 22 23 24 i 25 I 26 I I CO,I`LERK FORK e! (C/TAC/ON JUDICIAL) C ROSS FOR COURT USE ONLY I NOTICE TO DEFENDANT. (AVISo a Acusado) (SOLO EARA USO Df lA COR/f) i Robert R. 'Sheets, George Malaney, Ann Malaney Dennis Woodruff, and Becky Woodruff, County of Contra Cysta and Roes I through 50, Inclusive, Cross YOU ARE BEING SUED BY-PLAINTIFF: (A Ud le esta demandando) Cross Complaintants Gene Reindl and Allstate Insurance Company, Inc. , You have 30 CALENDAR DAYS after this sum- Despues de que le entregilf n c,sta cilaci(in judicial usted mons is served on you to file a typewritten re- liene un phzo de 30 DIAS CALENDARIOS para prr.c-ntar sponse at this court. una respue•sta escrila a ntaquina en esta Corte. ± A letter or phone cell will not protect you; your Una carM o una llamada telef6nica no le ofrecerA typewritten response must be in proper legal protecci6n; su respuesta escrila a mJquina tiene quo form if you want the court to hear your case. curnplir con las formalidades legales apropiadas si usted 1 If you do not file your response on time, you may quiere que la c orfe escuche su ctso. lose the case, and your wages, money and pro- Si usted no pre•cinta su resput-sta a lientpu, puede perder perry may be taken without further warning from el Casa y k lruc-de-n quitar su s.ibrir> su dincro y ofras cocas the court. de su propiedad sin aviso adi(iunal por parse de la torte. There are other legal requirements. You may Existen olrcis requisitos legale•s. Puede que usted quiera want to call an attorney right away. If you do not Hamm a un abugado inmediatamente. Si L10 conoce a un know an attorney, you may call an attorney refer- abugado, puede 1Gtnrar a un servicin de referencia de ral service or a legal aid office (listed in the phone abogados o a una oficina de a►frda legal (1 ea el directorio book), telefonico). CASE Ijll.1i3rri fMm.cro d,1,'&-W The name and address of the court is: (EI nombre y cirecci6n de h Corte vs, 255495 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA. COSTA Contra ,Costa County Court. ouse-P.O. Box.� 911, Martinez, CA 94553 TCXQss Complaintant' she name; address, end telephone number of , * r•, attnrney,'or plaintiff without an attorney, i&: (El norrlbre, la direction y el nutne•ru de 1c•1r;i000 atl (;t-i 4ir•n7.indolift•, v rir•l r:r'm,rrri,rnlr r)ur nu twn< .rhuti,rrlo, e`s! EDGAR I-I. HAYDEN, JR. CARDOZO, NICKERSON, MARTELLI, CURTIS & ARATA 1130 12th Street, Suite G. P.O. Box 3030 Modesto, CA 95353 APR 3X86 (,�j _"-- D. �...�W I CJ 2 DAT E. � 9�. � Clerk, by _ Deputy (Fechd) r.ir fu,rrnl% 1/)PIr1.ui.:. ISEALI NOTICE TO THE PERSON SERVED: You are served 1. as an individual defendant. 2. as the person sued under the fictitious name of (specify): 3. on behalf of fspecify): under: 0 CCP 416.10 (corporation) CCP 416.60 (minor) CCP 416.20 (defunct corpo ation) CCP 416.70 (conservatee) CCP 416.40 (association or partnership) CCP 416.90 (individual) other: 4. 0 by personal delivery on Wale): Form Aduprecl by Rule 887 (See reverse for Proof o1 Service) Judicial Council of California 98211181 IR*v.Jsmrtry 1, 119e,11I SUMMONS 2DIS-72 L CCP 412:C' OF,OF SERVICE — SUMMONS + (Use se to proof of servke for each person served) 1. 1 served the a." summons complaint Q amended summons amended complaint �] completed and blank Case Questionnaires Other (specify): b, on defendant (name): c. by serving Q defendant Q other (name and title or relationship to person served): d. 0 by delivery Q at home n at business (1): date: 12) time: (3) address: a Q by mailing 11) date: (2) place: 2. Manner of service (check proper box): a. Q Personal service. By personally delivering copies. (CCP 415.10) b. Q Substituted service on corporation, unincorporated association (including partnership). or public entity. By leaving, during usual office hours, copies in the office of the person served with the person who apparently was in charge and thereafter mailing (by first-class mail, postageprepaid)copies to the person served at the place where the copies were left. (CCP 415.20(a)) C. Substituted service on natural person, minor. conservatee, or candidate. By leaving copies at the dwelling house, usual place of abode, or usual place of business of the person salved in the presence of a competent member of the household or a person apparently in charge of the office or plar.i. of business, at least 18 years of age, who was informed of the general nature of the papers, and thereafter mailing (by first-class mail, postage prepaid) copies to ,U the person served at the place where the copies were left. (CCP 415.20(b)1 (Attach separate declaration or affidavit stating acts relied on to establish reasonable diligence In first attempting personal service.) d. Q Mail and acknowledgment service. By mailing (by first-class mail or airmail, postage prepaid) copies to the person served, together with two copies of the form of notice and ackno-Medgment and a return envelope,postage prepaid, addressed to the sender. (CCP 415.30) (Attach completed acknowledgment of receipt.) e. Q Certified or registered mail service. By mailing to an address outside California (by first-class mail, postage prepaid, requiring a return receipt)copies to the person served. (CCP 415.40) (Attach signed return receipt or other evidence of actual delivery to the person served.) f. Q Other (specify code section): Q additional page is attached. 3. The "Notice to the Person Served" (on the summons) was completed as follows (CCP 412.30, 415.10, and 474): a: Q as an individual defendant. b..= as the person sued under the fictitious name of (specify): c. Q on behalf of (specify(: _ under: CCP 416.10 (corporation) � ] CCP 416.60 (minor) Q other: CCP 416.20 (defunct corporation) �_1 CCP 416.70 (conservatee) 0 CCP 416.40 (association or partnership) �� CCP 416.90 (individual d. Q by personal delivery on (date): �•.. ... 4. At the time of service I was at least 18 years of age and not a party to this action. 5. Fee for service: $ 6. Person serving: e. California sheriff, marshal, or constable. f. Narrw. address and telephone number and, if applicable, b. Registered California process server. cou my of registration and number: a Employee or independent contractor of a registered California process server. d. Q Not a registered California process server. e. Q Exempt from registration under Bus. & Prof. Code 22350(b). I declare under penalty of perjury under the laws of the State (for Catilornia sheriff, marshal, or constable use only) of California that the foregoing is true and correct. I certify that the foregoing is true and correct. Date: Date: ISIGNANREI (SIGNAWREI 9821a)181 IRay.JaAuary 1, 19841 PROOFJ& SERVICE BY MAIL — CCP 100 2015.5 I declare that: I am*DccW="/employed in) the county of................S14-niAlAqP................................... .California. ICOUNTY WHERE MAILING OCCURREDI I am over the age of eighteen years and not a party to the within entitled cause;my (business/V14VRf*1q address is: .......... G. P.O. Box 3030 Modesto, CA 95353 ............. ............ ......... ........ On.......allne . .... ! $.6.. .......... ........I I served the attached...,Summons on Cross Complaint (DATO ..............................I.........................I............................. and Cxas.a... ...Inde.mn.ity........ .................on the............9pposing parties .......................................................................... in said cause, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at.,,..... ...... .............,Nq4esto .......................................................... ............... ......addressed as follows: SEE ATTACHED LIST I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on June 10, 1986 Modesto .....................­­.....................-.1................__......................,at...... ...................................................................................California. t0ATEi (PLACE) Rebecca Machado ....................................... ..................I——................. ........ (TYPE OR PRINT IA*MLI 54GNAIURE ATTORNEYS PRINTING SUPPLY FORM NO.it REV JANUARY 1973 v % < X, 4�qk NVA WV % r N. Z4 44 % J6 I WR- X '4 '6 Attachment to Proof of Service STATE FARM VS. SHEETS PARTY James E. Gallagher, Esq. Ropers, Majeski, Kohn Bentley Woodruff and Wagner 655 Montgomery Street 16th Floor San Francisco, CA 94111 Colin R. Campbell, gsq. Malaney Weinberg, Campbell, 6 Stone 765 Bridgway Sausalito, CA 94965 Robert L. Collins Robert R. Sheets Greve, Clifford, Diepepbrock A Paras 1000 G. Street, Suite 400 P.O. Box 2469 Sacramento, CA 95811-2469 Contra Costa County Superior Court P.O. Box 911 Martinez, CA 94553 County of Contra Costa CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT AugliSt 12 , 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". CLAIMANT: ROBERT C. CHIAPPONE County Counsel ATTORNEY: JUL 21 1986 ADDRESS: 1266 Panorama Drive Date received Martinez, CA W53 Lafayette, CA 94549 BY DELIVERY TO CLERK ON: July 15 , 1986 BY MAIL POSTMARKED: no envelope 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 18 , 1986 BY: Deputy L. Hall II. 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: L��. �� �Q�<o By: ` •� L eputy County Counsel III. FROM: Clerr 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 Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order en ed in its minutes for this date. Dated: AUG 12 1986 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally`3erved 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. CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to '.any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P.O. Box 911, Martinez, CA) C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Resery fnr ri-p-rVIa filin stamps n L•��� � �� �i 1�n f c�. j 7�[-�i t.[-,�c�GeG�t,l'tc.� RECEIVEso D Against the COUNTY OF CONTRA COSTA) JUL/S 1986 PWIL DAT MELOR or DISTRICT) Er+KeoAROOF auPeaasa+s (Fill in name) ) I � TRA Ty 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) 2. -Where dTd the ama/ge or inju y occ ? (Incl,ud �ity and county) cr �. `� �a � . �, y r� V�O/lI 6` �.- [)Ot 7 � � / J ----------------------------------------------------- d ------- ----- 3. How did the amage or injury occur? (Give full details,-use----extra-- sheets if required) l I C f S r Q Z S r* C' r.,r-- J v v C- F* cr w 1�.. , L e•{-- �,v -IL � �- LQ_ ------------------------------------------------------------------------ 4 . What particular act or omission on the part of county or district officers , servants or em loyees caused the injur� or damage? � �C 1 \kmc� Tl\ �1r (over) 5. What are the names of county or district officers, servants.:.or;: r--ti - . . ` } employees causing the damage or injury? ------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage). pp 1111 n_ - r -U •,z - T - - -- - - ----------------------------------------------- 7-.--H-ow---was---th-e--amoun----t--cl-aimed above computed? (Include the estimated amount of any prospective injury or damage. ) 8. Name's and addresses of witnesses, doctors and hospitals. 9----------------------------------------------------------------------- List ' the expenditures you made on account of this accident or injury.: . • PATE ITEM AMOUNT i 1 GovtJcim de Sec. 910.2 provides : "The signed by the claimant SEND NOTICES TO: (Attorne ) or bme person on his behalf. " , 1 Name and Address of Attorney \Y Cl�iman t' s Signature Addres 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. " A �Ci, t.v. alt—t) ic':�, I �.- D t v^,ti �., 1` } �v2��� C`he 1t, CA d;-- Z3 Lk el, -ru. ............ o\1, pv, \JA) t?L v- �tUck r.- LA- C-a VA, z.} C cx- 3� v VLA c, 1 v' y� Tot C"-,) '1 A 9 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Chaim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT August 12 , 1 9 8 b 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: $250, 0'00. 00 given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". CLAIMANT: PATRICIA 14ARIE HOKETT ATTORNEY: Michael E. Brinkman 300 Valley St. Suite 201 ADDRESS: Sausalito, CA. 94965 Date received July 15 1986 hand del . BY DELIVERY TO CLERK ON: - BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors T0: _�nCounty'-Counsel Attached is a copy of the above-noted claim. July 18 , 198PHIL BATCHELOR, CLERK 6 � �� DATED: BY: Deputy L. Hall 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 (:9 P c--Lu By:! ty County Counsel 11.1. 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 (X) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order ent red in its minutes for this date. Dated: A U G 1 2 19 R PHIL BATCHELOR, Clerk, Be Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date.this notice was personally'3erved 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 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District governed by) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Augu s t 12 , 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: $250, 000. 00 given pursuant to Government Code Section 913 and ' 915.4. Please note all "WARNINGS". CLAIMANT: PATRICIA MARIE HOKETT ATTORNEY: Michael E. Brinkman 300 Valley St . Suite 201 ADDRESS: Sausality, CA. (4965 Date received July 15, 1986 hand del . 8Y DELIVERY TO CLERK ON: BY MAIL POSTMARKED: no envelope 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. July 18 , 1986 PHIL BATCHELOR, CLERK DATED: BY: Deputy L. Hall II. 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: Deputy 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 ( ) This Claim is rejected in full. ( ) Other: 1 certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally•terved 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 Michael E. Brinkman Attorney at Law 300 Valley Street Suite 201 Sausalito, California 94965 (415) 332-5545 Mailing Address: P.O. Box 1313 168a` Sausalito, California 1pot,- 94966 CLAIM AGAINST COUNTY OF CONTRA COSTA Pursuant to California Government Code Sections 910 et seq. Claimant's Name: Patricia Marie HORETT Claimant's Address: c/o Michael E. Brinkman Esq. and Address to which 300 Valley Street . Suite 201 Notices are to be sent: Sausalito, CA 94965 Phone number: 415/332-5545 Date of Incident: April 7 , 1986 Location of Incident: at or near 828 Main Street Martinez, California Nature of Occurence: Claimant was detained by Martinez Police Officers and County Sheriff Deputies and was subjected to abusive body cavity search by male officers resulting in visible injuries. Injury sustained by Claimant: Pain, suffering, severe emotional distress, loss of civil rights. The full names and capacities of the public employees causing and/or permitting these injuries is not yet known. The total amount of damages suffered by Claimant in this occurence are $ 250,000. 00 and consist of pain and suffering, loss of earning capacity, special medical expenses, and such damages as may be determined for the loss of her civil rights. Signed on behalf of Claimant ichael Brinkman Attorney for Claimant CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT August 12 , 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: $219. 60 given pursuant to Government Code Section bbl*tounsel 915.4. Please note all "WARNINGS". " CLAIMANT: ROBERT A. CAMPBELL JUL 1 51986 �artmP.t. Cq.Q553 ATTORNEY: ADDRESS: 1263 Sunburst Court Date received Walnut Creek, CA 94596 BY DELIVERY TO CLERK -ON: July 14, 1986 BY MAIL POSTMARKED: July 11 , 1986 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 15 , 1986 BY: Deputy L. Hall 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 g //61%. 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 (�) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order ent red in its minutes for this date. AUG 121986 Dated; PHIL BATCHELOR, Clerk, 8y Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally'terved 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 CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY r� Instructions to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94553 (.or mail to P.O. Box 911, Martinez, CA) . C. If claim is against a district governed by the Board of Supervisors, rather than the County, the 'name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Resery for Clerk' s filing stamps RECZgountyy Against the COUNTY OF CONTRA COSTA) JUL.or DISTRICT)(Fill in name)The undersigned claimant hereby makes claim against tContra Costa. or the above-named District in the sum of $ `o;J b0 and in support of this claim represents as follows: i. When did the damage or injury occur? (Give exact date and hour) -7p ! AA. ----------------------------------------------------------------- 2. Where di the dama a or injury occur? (Include cit and county) � J� N6rJZ 1 >r'Lt-2SCC�Z Ia�1 or rLa-i62 - - ---------^--------------------------------------------- - --Ho-w--dd^the damage o injury oc ur? (Give full details, use extra sheets if required) w©GSIJZ orob KA6 0,LXS_L Zr)56N p L Lg p 0 1,.c�o�6 fze cam, P u� Daw fJ � C3 i..l�Gk ��rk.�P `�2.1�vG���� Drj•.,��.J __ _ OF 1q,)8 VW rcm2 "z µ� So�� W b[ , ttiG �� 0f �6� 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? `� Gk6/�+�' QJ LA `r�iG^6 A26 V40SEE I?-OC.C-C, e_tCM t&D t'af�_ QL.J i6 (br GZ SUI^c�� SJG� i�(/QS 006 6 ki V\A c 0 OoW t.I (over) �6 6Z2 �►`�` QRetKf P-r W tk)t tb ..0 �•� C 1o%J Gi,_ C\-2C -Co CAA6 6 G 2E_A fir.G 6 5. What are the names of county or district officers, -..servants I employees causing the damage or injury? QJ - -- - - ------=---------- - ------------------------------------- 6.--Wh-at-d-amage------or--injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) �IZ0' C,r W ,►►Jpsl�lCt.J -------------- ----------------- ----------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) --------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. 1 N62G �J�JS la GO___,Ty F _PW-jC6 W�40 Wt��tN�SSC�; 'T 6J6 �.� rrL� W6 iv�p r� y �0�1 `T o �= �� r. LLr�;w . �.,►`t ii G0-1 n-^ GO 5—,f,-, V\N C Df Z E►-� 7 M/y 5 o rJ fi,L Ll�v Z U W `�1 S N/JM 6. 9. List the expenditures you made on account of this accident or injury: DATE j ITEM AMOUNT s Govt. Code Sec. 910.2 provides: "The im signed by the claimant SEND NOTICES TO: (Attorney) or s me er n on his behalf. " Name and Address of Attorney amtWa 4- tA C ain s Signature tx C D, ddress Telephone No. Telephone No. C�3�"36�'�-V 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. 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FACTORY NTITV DESCRIPTION PRICE EXTENSION V , i v AV - •i 9 CLAIM /, 17 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District governed by) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT August 12 , 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 1V below). Amount: $ 100, 000-. 00 given pursuant to Government Code Section 913 a n d - 915.4. Please note all "WARNINGS". County COOP, CLAIMANT: MARGIE ANN DUTRA JUL 151986 ATTORNEY: C/o Michael C . Scranton a18nIt1eZ. �� 55. 1200 Concord Ave. , Suite 260 ADDRESS: Concord, CA 94520 Date received BY DELIVERY TO CLERK ON: Julv 14 , 1986 BY MAIL POSTMARKED: July 11 , 1986 (;erti±ied #P 545065436 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. July 15 , 1986 PHIL BATCHELOR, CLERK DATED: BY: Deputy L. Hall_ 11. FROM: County Counsel. TO: Clerk of the Board of Supervisors VN 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: c� 9 By: 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 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: AVG 1 2 986 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov, code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally'terved 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 ' 1,001621 LAW FIRM July 11, 1.986 Clerk, Board of Supervisors Contra Costa County 651 Pine Street Martinez, CA 94553 Case Title: DUTRA against COUNTY OF CONTRA COSTA Action No. : Gentlemen: We have enclosed the following documents: CLAIM FOR DAMAGES Please issue the Summons and file the Complaint ( ) Please file the enclosed Claim for Damages ( x ) Please have the Judge sign ( } Enclosed is our check for $ ( ) Additional remarks: Please return endorsed copies to us in the envelope provided. Very truly yours, SC ON LAW FIRM' B CHAEL C. SCRANTON MCS/JS/sp Encls. Michael C. Scranton A Professional Corporation. Michael C. Scranton, President (415) 682-7777 Main Office: 1200 Concord Avenue,Suite 260 Concord, California 94520 l I I MICHAEL C. SCRANTON A Professional Corporation 2i 1200 Concord Avenue, Suite 260 C�l Concord, CA 94520 1 �� 3 (415) 682-7777 41 Attorney for Claimant �'c K `906 MARGIE ANN DUTRA 5T�coa Oqs Gid $ CLAIM AGAINST PUBLIC ENTITY 9 10, 11I In the Matter of the Claim of ) 121MARGIE ANN DUTRA, ) 1 ) CLAIM FOR DAMAGES 3I against (Govt. Code Section 910 131j et. sea. ) COUNTY OF CONTRA COSTA. ) 14 ) 15I ) 16 1. I , MICHAEL C. SCRANTON 1i the undersigned, present this claim for damages as a person acting 18I on behalf of the claimant. 19 2 . I desire notice relative to this matter to be sent to 20 my following business address: 1200 Concord Ave . , Suite 260 , 21 Concord, CA 94520. 22'1 3. The name and address of claimant are: SIE ANN DUTRA If Rt. 1, Box 17B, Brentwood, CA 94513 23I 4 . The date and place of the occurrence that gave rise to 24 this claim are as follows: April 20 , 1986 at approximately 25 4 : 50 •P.M. eastbound on Brentwood Road approximately . 4 miles 26 east of Eden Plains Road, Brentwood area, unincorporated Contra 27 Costa County, California. 28 -1- �I 1 I 5.. The circumstances of the occurrence which gave rise to 21 the claim are: Claimant was operating a 1984 Toyota, within the . 3I posted speed limit, in a generally eastbound direction on 4 Brentwood Road. Due to inadequate speed advisories; inadequate 5 warnings; poor paving and shoulder markings; inadequate shoulder 6.. maintenance and grading, claimant' s vehicle was caused to lose 7 , control and roll over proximately causing injuries and property damage to claimant' s person and automobile. 8 6 . A general description of claimant's injuries, damages, 9 and losses incurred so far as is now known are as follows: 10 Including, but not limited to, neck fracture requiring surgical 11 fusion; left hip and pelvis fractures; multiple contusions , 12 abrasions and lacerations necessitating medical expenses . Also, 13 total loss of 1984 Toyota. 14 7 . If known, the name (s) of the public employee (s) causing 15 ' said injuries, damages, and losses is/are : Unknown at present. I� 16�I 18 8 . The amount claimed as of the date of presentation of 19 this claim consists of general damages and special damages relativ 20 to claimant' s injuries and property damage and loss of use of same 21 in amounts unknown at this time but in the aggregate not less than 221 $100, 000 . 00 and exceeding the jurisdiction of the Municipal Court 23 of the State of California. Claimant reserves the right to insert 24 said amounts when same are ascertained. 25 DATED: July 11, 1986 26 27 1 Sygh&ture of Claimant or Person 28 Acting on Behalf of Claimant MICHAEL C. SCRANTON -2- PROOF OF SERVICE BY MAIL (C.C.P . 1013A, 2015 . 5) STATE OF CALIFORNIA COUNTY OF CONTRA COSTA I am a citizen of the United States and a resident of the county of Contra Costa. I am over the age of eighteen years and not a party to the within above entitled action. My business address is 1200 Concord Ave . , Suite 260 , Concord, CA 94520 . On July 11, 1986 I served the within CLAIM FOR DAMAGES on the Parties in said action , by placing a true copy thereof enclosed in sealed envelope with postage thereon .fully prepaid, in the United States mail at Concord , California, addressed as follows : Clerk, Board of Supervisors Contra Costa County 651 Pine Street Martinez , CA 94553 I , Suzanne Porto, certify (or declare) , under penalty of perjury that the foregoing is true and correct . Executed on July 11, 1986 at Concord, California . Suzanne Porto