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HomeMy WebLinkAboutMINUTES - 08261986 - 1.16 • 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 26 , 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". County Counsel CLAIMANT: WALTER ZIMMERMA;V AUG U �'1986 c/o Ellen E. S. Rodin ATTORNEY: Attorney at Law Wrtlnei, CA 94353 P.O. Box 237 ADDRESS: Berkeley, CA 94701 Date received BY DELIVERY TO CLERK ON: .July 30, 1986 hand del . BY MAIL POSTMARKED: none i. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK DATED: August 1 , 1986 BY: Deputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2 This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated `7 Z?6- By: L/Z (.0 -C-�//��Be�uty County Counsel III. FROM: Clerk of a 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 entered in its minutes for this date. Dated: AUG 2 6 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"served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult-an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator ELLEN E. S. RODIN i ATTORNEY AT LAW POST OFFICE BOX 237 2140 SHATTUCK AVENUE SUITE 902 BE CALIFORNIA 94701 BERKELEY.CALIFORNIA 94704 (415) 548.6833 To : County of Contra Costa Kensington Community Service District Alameda Contra Costa Transit District (A C Transit ) NOTICE OF CLAIM Walter Zimmerman claimant herein hereby makes claim against the County of Contra Costa , the Kensington Community Service District , and Alameda Contra Costa Transit District (A C Transit ) for compensation for personal injuries in an amount to be . ascertained , and in support of this claim represents as follows : 1 . Claimant ' s address is 3809 Bonnie Lane, Stockton California . Notices concerning the claim should be addres RECEIVED ELLEN E . S . ROD_T h Attorney at Law JULjl?EG P . O . Box 237 Berkeley CA 94701 a ce Tc M 1. 04my 2 . injury occurred on April 22 , 1986 at the intersection of Arlington Avenue and Coventry Road in Kensington Community Service District (Kensington) , Contra Costa County (County) , California ; 3 . the circumstances giving rise to this claim are as follows : at the above time and place, claimant ' s mother was walking across the street at an intersection which was dangerous in that it was in need of controls but no controls were present at said intersection; and County and Kensington knew or should have known of the dangerous condition of the intersection and took no action I page two _ Notice of Claim : Walter Zimmerman to correct said condition. . An AC Transit bus was stopped at or near said intersection, in a position making it difficult to see around the bus and blocking the traffic lane . A vehicle attempting to pass the bus struck claimant ' s mother in the intersection , causing her serious injuries . 4 . the injuries resulting to claimant are that she has been physically injured and both legs broken in several places , her shoulder fractured , and she has been hospitalized , and remains hospitalized , and will have difficulty walking in the future ; 5 . the injuries resulting to Claimant are that he is deprived of the care , companionship and consortorium of his mother ,and he is damaged thereby. 6 . the names of the public employees causing the claimant ' s injuries are unknown; 7 . the claim as of the date of this Notice of Claim is not yet ascertained and Claimant will make the amount of his claim known as soon as the amount has been ascertained . `�U i Date ELLEN E. S RODIN Attorney at Law On Behalf of Claimant e 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 26, 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: M. 037. 00 given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". County CounSei CLAIMANT: HILDA ZIMMERMAN AUG U � X986 C/o Ellen E. S. Rodin ATTORNEY: Attorney at Law P.O. Box 237 Marlines, CA 9450 ADDRESS: Berkeley, CA 94701 Date received BY DELIVERY TO CLERK ON: July 30, 1986 hand del. BY MAIL POSTMARKED: none I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Q � PHIL BATCHELOR, CLERK /GV DATED: August I, 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: el `� � By: beputy 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: AUG 2 6 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 Served or deposited ,in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator ELLEN E. S. RODIN ATTORNEY AT LAW POST OFFICE BOX 237 2140 SHATTUCK AVENUE SUITE 902 BERKELEY.CALIFORNIA 94701 BERKELEY.CALIFORNIA 94704 (41 5) 548-6833 To : County of Contra Costa Kensington Community Service District Alameda Contra Costa Transit District (A C Transit) NOTICE OF CLAIM Hilda Zimmerman claimant herein hereby makes claim against the County of Contra Costa , the Kensington Community Service District , and Alameda Contra Costa Transit District (A C Transit ) for compensation for personal injuries in an amount to be ascertained , and in support of this claim represents as follows : 1 . Claimant ' s address is 519 Grizzly Peak Blvd . , Berkeley, California . Notices concerning the claim shouldEROECEIV' . D ELLEN E . S . RODIN 10 Attorney at Law V�.P . O . Box 237 cL Berkeley CA 94701 eat CLOR CL sue SORB +r 2 . injury occurred on April 22 , 1986 at the intersection of Arlington Avenue and Coventry Road in Kensington Community Service District (I:ensington) , Contra Costa County (County) , California ; 3 . the circumstances giving rise to this claim are as folloi:s : at the above time and place , claimant was walking across the street at an intersection which was dangerous in that it was in need of controls but no controls were present at said intersection; and County and Kensington, knew or should have known of the dangerous condition of the intersection and took no action page two Notice of Claim: Hilda Zimmerman to correct said condition . An AC Transit bus was stopped at or near said intersection , in a position making it difficult to see around the bus and blocking the traffic lane . A vehicle attempting to pass the bus struck claimant in the intersection, causing her serious injuries . 4 . the injuries resulting to claimant are that she has been physically injured and both legs broken in several places , her shoulder fractured , and she has been hospitalized , and remains hospitalized , and will have difficulty walking in the future ; 5 . the medical expenses for Hilda Zimmerman are continuing to accrue , and at the present time are accruing at approximately $6 , 000 . 00 per month and are estimated to continue at that rate through September 1986 for a total amount of not less than $91 , 037 . 00 ; 6 . the names of the public employees causing the claimant ' s injuries are unknown; page three Notice of Claim: Hilda Zimmerman 7 . the claim as of the date of this Notice of Claim is not less than Ninety-One Thousand Thirty-Seven Dollars ( $91 , 037 . 00) subject to amendment according to proof based on the following computation_: hospital care $10 , 337 . 00 orthopedic care 2 , 000 . 00* ambulance 200 . 00* doctors visits 500 . 00"` convalescent hospital 18 , 000 . 00* general damages _60,000 ..00" Total $91 , 037 . 00 *estimated or accrued as of this date Date ELLEN E S�� RODIh' Attorneyf'at Law On Behalf of 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 26, 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: $350. 00 given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGIbunty Counsel CLAIMANT: MICKEY G. MORGAN AUG U .i�gs 228 Ward Street ATTORNEY: Martinez, , CA 94553 Mar"0Z, CA 94&W ADDRESS: Date received BY DELIVERY TO CLERK ON: July 30, 1986 BY MAIL POSTMARKED: July 28 , 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 31, 1986 BY: Deputy �•E�-L.� 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: 71 Dated: �� By� 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 a tered in its minutes for this date. Dated: AUG 2 6 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 'served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COP9_,Lkr4Wapp11cation to: Instructions to ClaimantC!erk of the Board .O.Box 911 Martinez,Califomia 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of . 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 Adm' 1istrat'on Building, 651 Pine Street, Martinez, California 94553. .S7o2-a 7/ C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the Distript should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by )Reserved for Clerk's ng stamps MICKEY G. MORGAN (TEL: 415 228-9314) ) �a ree , RECEIVED Martinez, California 94553 ) Against the COUNTY OF CONTRA COSTA) J11�, 19x6 ; ) or DISTRICT) A"T su v as (Fillin name ) uE T By The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 350.00 (THREE HUNDRED FIFTY) and in support of this claim represents as follows: ------------------------ -----------------------=-------------- - �. When did the damage or injury occur? (Give exact date and hour] --- JULY 239 1986 at 0212 �. W�iere did tie damage or in3ury occur? (Include city and county) CONTRA COSTA COUNTY DETENTION FACILITY MARTIM 9 CALIFORNIA • ----------- _ ---------------------------s------------ - --T -------------- 3. How did the damage or injury occur? Give dull details, use extra Y sheets if required) REFER BOOKING NO.: 860165874 VALUABLES TURNED IN INCLUDED SILVER PENDANT AND CHAIN (PENDANT DESCRIPTION: SHAPE OF STATE OF TERAS, APPROX. 1" X 3/4", BIRTHSTONE-TOPAZ, INITIAL6 M. G. M. ENGRAVED ON FRONT, DATE OF BIRTH 11-09-61 ENGRAVED ON BACK, STERLING SILVER). CHAIN DESCRIPTION STERLING SILVER, WITH SAFETY CATCH CHAIN LATCH, ONE AMERICAN RED CROSS POCKET KNIFE. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? ITEMS LISTED ABOVE WERE TURNED IN AT C.C. COUNTY DETENTION FACILITY AND WERE NOT RETURNED. (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? ARRESTING OFFICER: E. MABMONT' #9513 C.H.P. *INTAKE: LUEDERS/ *RELEASE: G.C.. *INFO FROM PROPERTY RECEIPT NO,: 086363 6. What damage or �n�uries do you claim resulted? ZGlve dull extent of injuries of damages claimed. - Attach two estimates for auto damage) LOSS OF PENDANT WITH CHAIN' AND AMERICAN RED CROSS POCKET KNIFE. PENDANT W/CRA SPECIAL MADE, 6LVMPBi MOTSER: ONE OF KIND. VALUE: S345-00 ARC POCKET KNIFE: 15.00 ------ ----------------------------------------- i.r.33SO.ao--- --- 7. Bow- was the "ount .claimed above computed? Include the estimates amount of any prospective injury or damage.) JEWELER MADE pgNDANT To pqyn=vS SPEFICATIONS, AND CHAIlff SPECIAL ORDER MAKING IT OFE .OF A KIND. ------------------------------------------------------------------------- B. Names and addresses of witnesses, doctors and hospitals. _ - - r - --.-------••--T-------------------------------T-----T--------T-T---- IS. L�st 'the expenditures you made on account of this accident or injury: D1�T ITEM AMOUNT t ##RlRRRR�!**RRRRRRRRRRRRRRR�RRRRRRR#*RR#RRR######RRRRR###R���RR##RR#lRRRRR Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " 919�4Name and Address of Attorney . C C ants Sig ture A dress MARTIM, CALIFORNIA 94553 Telephone No. Telephone No. 415 228-9314 #RRRRRR#RRRRRRRR#RRRRRRRR#RBBB#RRRRRRRRR#RRRRRR#NRR#RRRRR#RRRR#RRR#RRRRRRR r10TICE Section 72 of the Penal Code provides: ' Zvery 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. " CLAIM s+ 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 26 , 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: $1 , 040. 00 given pursuant to Government Code Section.913 and 915.4. Please note all "WARNINGS". County Counsel CLAIMANT: WILLIE EARL BAKER AUG U 11986 901 Court Street ATTORNEY: Martinez, CA 9.4553 Martinez, CA 94553 ADDRESS: Date received BY DELIVERY TO CLERK ON: July 31 , 1986 transmittal BY MAIL POSTMARKED: none I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. August 1 , 1986 PHIL BATCHELOR, CLERK DATED: 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: 96 By: CSL(=GL/rul 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. BSO/ARD 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 lin its minutes for this date. Dated: AUG 2 61986 PHIL BATCHELOR, Clerk, By `�;7f. � Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally 'served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator 'CLAIM'T0: BOARD' OF SUPERVISORS OF CONTRA C(*;_LbyrWWappiicationto: Instructions to Claimant0erk of the Board Martinez,California 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by )Reserved for Clerk's filing stamps Wi 1 l i e Fart Baker Fill] IVED Against the COUNTY OF CONTRA COSTA) �/ ��e0 ) or DISTRICT) Sul n 6om Fill in name ) 4nt CON' T •yThe undersigned claimant hereby makes claim agaith Co ty of Contra Costa or the above-named District in the sum of $ �C�:�,A0 and in support of this claim represents as follows: _ 1. hlhen did the damage or injury occur? (Give exact date and houij - Apirl 24,19$6 $ :00 P.M. 2. W�iere did the damage or in3ury occur? (Include city and county) 3100 Shane Drive Apt#A. Richmond Ca.94$06 Contra Costa County 3. How did the damage or injury occur? (Give full details, use extra sheets if required) On 4/24/$6 parole agent Yuonne Osuna,arrested me outside of my home and during the arrest while handcuffed and being placed in a Richmond P.D. patrol car.Agent Osuna,took from my possession property that was not booked as evidence nor was it placed on my property card. . -----------=--------------------------------------------- --------------- 4. What particular act: or omission on the part of county or district officers, servants or employees caused the injury or damage? Lost of, my property. (over) 5. ' What are the names of county or district officers, servants or— employees causing the damage or injury? Yuonne Osuna I Parole Agent. ---------------------------------------------------- --- ----------- 6. What damage or injuries do you claim resulted? Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Lost Of Property ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Partial plate = $700.00, Leather jacket = $120.00 Cash = $220.00 ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. r ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT i ..M.._•_-•... Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES . TO: (Attorney) or by sozW person__On h' s behalf. " Name and Address of Attorney Claimant"s Signature 9011 rmirt. RtrePt Address Martinez Calif.94553 Telephone No. Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defrauds 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. " SUPERIOR C': URT OF THE STATE OF CALIFORNIA IN AND FoR THE COUNTY OF CONTRA COSTA DEPT. NO. TWO Virginia Nt-1 son COURT CLERK HON. RICHARD E. ARNASON JUDGE Not Reported REPORTER COUNSEL: WILLIE EARL BAKER, Petitioner, tT 11;' DEPARTMENT OF CORRECTIONS, Respondent. NATURE OF PROCEEDING: 32393 ACTION NO. MINUTE ORDER DECISION The Court has read and cs.refully considered the petition filed herein on July 11, 1986 . The Court, having been advised that no criminal charges have been filed against the petitioner, orders that the personal property heretofore seized when petitioner was arrested on April 24, 1986, be returned to the petitioner. Copy of -this Minute Order mailed. to: Willie Earl Baker Contra Costa County Jail T Module 901 Court Street N,ar%. nez, CA. 94553 i i t J.R. OLSSON, COUNTY CLERK BY { ID CLERK OF THE SUPERIOR COURT CO RT CLERK DATE July 11, 1986 I . t MINUTE ORDER H308 8-83 20M L ' v , UPER1 OR COURT OF THE STATE OF CAL1 FORM A IN AND FOR THE COUNTY OF CONTRA COSTA Action No. 32393 CERTIFICATE OF MAILING I, the undersigned, certify under penalty of perjury that I am a citizen of the United States. over 18 years of age, employed in Contra Costs County, and not a party to the within action; that my business address is Court House, Martinez, California; that I served the attached Notice, Order or Paper by causing to be placed a true copy thereof in an envelope addressed to the parties or attorneys for the parties ar: shown below, which envelope was then sealed and postage fully prepaid thereon, and thereafter was deposited in the United States Mall at 14artinez, California. on date shown below; that there Is delivery seivice by the United Staten .Mail between the place of mailing and the place so addressed. Willie Earl Baker centra Costa County Jail T Module Sol Court Street Martinez, CA. 94553 ' I declare under penalty of perjury that tha foregoing is true and 'eorrect. Executed at Martinez, California, on July 15 . 1986 ey=i JAMES R. OLSSON, COUNTY CLERK BY`-C/,� � DEPUTY CERTIFICATE OF MAILING • r 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 26, 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". County CoUnS91 CLAIMANT: WILLIE EARL BAKER 901 Court Street AUG U V1986 ATTORNEY: Martinez, CA 94553 msrtjneZ, CA 94553 ADDRESS: Date received BY DELIVERY TO CLERK ON: July 31 , 1986 transmittal BY MAIL POSTMARKED: none I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK DATED: August 1, 1986 BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors QK� 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_�. By: Ct-�l 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 (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 2 6 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*'served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator CLAIM TO: _ BOARD OF SUPERVISORS OF CONTRA CONQ994yaPPlication to: Instructions to ClaimantVerk of the Board S..,, A1106, Martinez,Califomia 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for ''fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by )Reserved for Clerk's filing stamps Willie Earl Baker ' ' EREE ) Against the COUNTY OF CONTRA COSTA)or DISTRICT)Fill in name ) RS The undersigned claimant hereby makes claim again th Cou t o,,� ontra Costa or the above-named District in the sum of $ t �Sc+.P e fJ1Gl� cs and in support of this claim represents as follows: _ 1. When did the damage or-injury occur? '(Give exact date and Koury July 14, 19$6 1 :10 P.M. �. Where did the damage or injury occur? (Include city and county) !_ i�hmond C� ,si �_ Cotrim Costes County__ 3. How did the damage or injury occur? (Give-full-details, use extra sheets if required) On July 14, 19$6 while being transported to the Contre Costa County Detention Facility. Officer Joel Hennessy of the Richmond Police De- partment was irresponsible and negligent in assuring my safety to the Detention Facility. Officer Joel Hennessy was irresponsible and ----------------- ------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Officer- Joel Hennessy did not follow transporting procedures assuring my safety from his custody to the custody of the Sheriff Department. (over) 5. ' What are the names of county or district officers, servants or— employees employees causing the damage or injury? Joel Hennessy --------------------- ------------------------------ -------------------- 6. What damage or injuries do you claim resulted? Give full extent of injuries or damages claimed. Attach two estimates for auto damage) An additional charges of escape. ------------------------------------------------------------------------- 7. Iiow was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Charges filed in the Bay Judicial District Municipal Court. ------------------------------------------------------------------------- 6. Names and addresses of witnesses, doctors and hospitals. Maurice Taylor 3901 Ohio ave,Richmond Ca, LLoyd Harrison Richmond Ca, Robert Smith Richmond Ca, - ----------------------- 9-.-----$.t_--t--h-e.--. expenditures-------------you----made------on--account--------of---this accident or injury: DATE ITEM AMOUNT 4 L Govt. Code Sec. 910.2 provides : "The claim =9,70n d by the cl imant SEND NOTICES TO: (Attorney) orb s e on h' alf. " Name and Address of Attorneys Claimant's Signature 901 Court Street Address Martinez Calif. 94553 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. " r Continual to question 3/three negligent in transporting inmates to the Contra Costa County Detention Facility, by not securing his vehicle in the special locked pen outside of the court building. I His actions enticed another inmate while handcuffed to me to attempt and succeed in escaping from custody while causing me to suffer cuts,bruise, and abrasions on my knees and elbows and resulting in an escape and an attempt escape from custody charges. i fi0 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 26, 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: $15$ 000. 00 given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". CLAIMANT: LAURA DRITTENBAS PRESNICK County Counsel c/o John H. Mount, Esq. ATTORNEY: Law Offices of Arnold Laub AUG U 1'1986 43 Panoramic Way ADDRESS: Walnut Creek, CA 94595 Date received M rtineZ BY DELIVERY TO CLERK ON: July 2�, 1 X3886CA 4553 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. PHIL BATCHELOR, CLER��� DATED: July 31, 1986 BY: Deputy L. Hall II. FRAM: 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: 7, O b By: e�uty 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 ( Yj 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 G 2 6 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 served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you.should do so immediately. CC: Claimant County Counsel County Administrator CITY COUNCIL Arg? SII Richard F. Holmes. Mayor Donald L. Tatzin, Vice Mayor Ernest W. Parti Gayle B. Uilkema Avon M.Wilson LA FAY ETTE sErrumWW_, WD=" July 23, 1986 Mr. Curt Farnsworth George Hills Co. P. 0. Box 4096 Walnut Creek, CA 94596 Dear Mr. Farnsworth: Enclosed, please find a claim filed by Mr. John Mount for Ms. Laura Drittenbas Presnick in regards to a traffic accident involving one of the Lafayette police reserve officers (Contra Costa County Sheriff's Department) . Jake O'Malley asked that I forward this claim to you for handling as under the terms of our contract for police services with the Contra Costa County Sheriff's Department, the City of Lafayette has a hold harmless clause. Also enclosed, is a copy of the CHP report, the Sheriff's Department report and pictures of the vehicles involved. If you need further information, you will probably need to contact the Sheriff's Department, but I will be glad to assist ti.. in any way I can. You may reach me at 284-1981. Sincerely, Susan M. Jusait s Deputy City Clerk Enc. 251 LAFAYETTE CIRCLE. LAFAYETTE, CA 94549 TELEPHONE: (416)284-1988 RECEIVED TO: City Manager-Robert Paul JUL 02�98� 1 City of Lafayette .•JJ�� 251 Lafayette Circle, #120 4.4" 4k 2 Lafayette, CA 94549 atBY .... .......... 3 4 NOTICE OF CLAIM FOR PERSONAL INJURIES DUE TO NEGLIGENCE 5 (PURSUANT TO GOVERNMENT CODE SECTION 910 .2) 6 7 1. CLAIMANT: LAURA DRITTENBAS PRESNICK 670 Gregory Lane 8 Pleasant Hill, CA 94523 9 2. SEND NOTICES TO: JOHN H. MOUNT, ESQ. LAW OFFICES OF ARNOLD LAUB 10 43 Panoramic Way Walnut Creek, CA 94595 m 11 3 . CIRCUMSTANCES OF CLAIM: On July 1, 1986, Claimant was W a � '0' ¢ o d fL3z og 12 driving her vehicle southbound on Pleasant Hill Road when the Q a ¢ U11 13 z driver of a Lafayette patrol car suddenly turned left into her p ►� p � aMi 30z Z WCOU 14 vehicle proximately causing injury to claimant. ' F < 3 15 4. INJURIES: Acute trauma to body and spine. 16 5 . NAME OF PUBLIC EMPLOYEE: Walter Mills Welti . 17 6 . DAMAGES: The exact amount of damages is unknown at this 18 date; however, said damages are believed to be in excess of 19 Fifteen Thousand Dollars ($15,000 . 00 ) . 20 7. COMPUTATION OF DAMAGES: Damages will be computed for medical 21 expenses incurred in treatment of claimant 's injuries and wage 22 loss incurred as a result of said injuries 23 DATED: July 21 , 1986 24 25 - rp JOHN H. MOUNT, ES . 26 JIII. � 19G CITY MANAGEria OFFICE CITY OF LAFAYETTE S h e ri ff-Co ro n e r `Richard K.Rainey Contra Costa County SHERIFF-CORONER P.O. box 391 Warren E.Rupf Assistant Sheriff Martinez. California 94553-0039 Gerald T.Mltosinlca (415) 372- 2 4 3 2 'Assistant Sheriff To: Captain Gary Ford Date: July 3, 1986 Division Commander From: Sergeant M. Smith Subject; ACCIDENT WITH COUNTY VESICLE # 2416 0t; 7/1/86 DRIVER: Wa rf We7fi 1. Name of ,passenger: Non 2 . Was"'driver or passenger in the County vehicle injured? Yes No X Employee injury report form completed? Yes Noy By 3. Police agency writing accident report: =C.N.P. No report written Report Officer Paxton 7449 4 . Deputy advised to submit me-mc and County accident forni: Yes X No_ All witnesses identified: Yes Y No 5. Watch cc=nander notified: Yes-1—:NC 6. Was driver of County vehicle interviewed: Yes,x. No 7 . Photos taken: Yes_�X_No By officer Slauiarm 8. Damage initialed: Yes-No Y Additional corrs-re:its : Major damage to both vehicles. Chief Weymouth was notified. cc: * Administration (2) G. Teach Personnel File PF#47 , 1/26 AN EO UAL OPPORTUNITY EMPLOYER S.heriiff-Coroner, Richard K.Rainey Contra Costa County SHE Warren E Rupf P.O. Box 391 Assistant Sheriff Martinez, C IjfQ�nia 94553-0039 (415) 372- 4,,33 Gerald T.Mitosinka Assistant Sheriff To: Captain Gary Ford Date: July 3, 1986 Commander Patrol Divisions: Via: Lieutenant M. Weymouth Lafayette P.D. From: Sergeant M. Smith subject: Accident: Unit 2416 Reserve Officer W. Welti Reserve Officer Welti was involved in an accident on July 1, 1986, approximately 2120 hours. Officer Welti was S/B in the Number 2 lane on Pleasant Hill Road when at .Springhill Road, he observed a van N/B with no lights on. He activated his emergency lights and started to makee -a U-turn when a vehicle in the Number 1 lane was struck on the R/F fender and door by Officer Welti, damaging the right side of the other vehicle and the front end of the Patrol Unit. Damage to both vehicles was major. I responded and had C.H.P. take a report, Officer Slaviero took pictures. Chief Weymouth was notified. No injuries. MW:MS:kn AN EOUAL OPPORTUNITY EMPLOYER Sheriff—Coroner Richard K.Rainey Contra CQsta County SHERIFF-CORONER Warren E.Rupr P.O. Box 391 Assistant Sheriff :Martinez. C�1I�t?ria 94553-0039 ,(415) 372- CC``+►3c Gerald T.Mttostnka Assistant Sheriff To: Captain Gary Ford Date: July 3, 1986 Commander Patrol Division Via: Chief Weymouth. Via: Sergeant M. Smith From: Reserve Officer Walt Welti Subject: Accident with Unit 2416 # R4460 On July 1 , 1986 at approximately 2120 hours, I was driving unit 2416 in the S/B #2 lane of Pleasant Hill Road approaching Springhill Road. At this time I observed a primer grey van with (2) NMA's driving without their headlights, heading N/B in the #2 lane of Pleasant Hill Road. At this time I looked over my left shoulder and did not notice the other car which was in .my blind spot, and hit the right front fender and door of her vehicle with the left.front fender of unit 2416. Just prior to making the left turn, I activated my emergency lights. I contacted the driver of the other vehicle and confirmed no injuries. Sergeant Smith was advised of the accident, and Officer J. Paxton of C.H.P. responded for the report. I also obtained (2) witnesses who also saw the grey van driving without headlights, and observed the accident. Both witnesses were submitted to C.H.P. for the report. WW:kn AN EQUAL OPPORTUNITY EMPLOYER Sheriff-Coroner Richard K.Rainey Contra Costa County SHERIFF-CORONER E Rupf 'P.O. Box 391 War" Assistant Sheriff Martinez. California 94553-0039 (415) 372- Gerald T.Mltoslnka 2432 Assistant Sheriff To: Captain Gary C. Ford Date: July 7, 1986 Patrol Division Commander ;5 From: Lieutenant Michael P. Weymouth Subject: Traffic Collision .Lafayette Police Department Reserve Welti - Unit 2416 I have reviewed the documents related to the traffic collision on . July 1 , 1986,. involving Unit 2416 driven by Reserve Walt Welti. From the attached information it is clear the accident was preventable. I have discussed the incident with Sergeant Tom Coggan (Volunteer Services Director) and we have decided any future preventable collisions may result in suspension of.Reserve Welti 's driving and further training. MPW:lm cc: Sergeant Tom Coggan AN EQUAL OPPORTUNITY EMPLOYER CONTRA COSTA COUNTY VEHICLE ACCIDENT REPORT Date of Aecid nt Time Location of Accident `i a.m.d 71/ �'� Z/i o a.m fie vsl�'r ,�lf- Ac s1,g � 511- t,� llf, L4109y� County Driver Cor al Deportment Nome Add•ess �t'9 (,D,S P�l1f�Q,S rti. w�zn t�FftF Pv. , Phone 372 — 7/ Phone 7 r — 996 County Vehicle Yoke Yearr� I Police Report Taken Yes eve • ZY/6 ��o r nNa License r 93�� Mho Personal Cor on County Wake Year Insurance Company Business Yes LG N. License s Other DtieerC r t2 Addtees Or.177Ev�af.� �v 70 C,"atY CN L l o CovCcNr CAI. .��� Lr, .t./1r. 9Tsz� Phone �) -7!O- f7YV B) 9��- P33a Registered Owner Car 02 Address �►},hi< Rs Bt'w1c) Phone Cor 82 Model and Body Type Year Insurance Company y�AiDA 9S 3 License M t H WE 9S( �7D :Aw !N c 14.P krai�r� Injured's Name Age Address Occupant Car 6 Nature of Injury Disposition Injured's Nome Age Address Occupant Car Noture of Injury Disposition Injured's Name 'Age Address Occupant Cor a Nature of Injury Disposition Witness(Not County Employe) Address fQ, Doh /1.y/ LigiG� � Phan. �� 376 — 9 Ys7 I g) 2-13— cz 9 Witness(Not County Employee) Address 6 C/'VII ' CT, filvvW HI U— ` Phone H) 933-LoS6 d) 8yl-.79yo Witness (Net County Employee) Address Phone PLEASE COMPLETE REVERSE SIDE OF FORM r � -icy V5V.;2d> CO -aCY 9r, y� e� fedicete NORTH. STREET N^IAES,TRAFFIC SIGNS 1 DEVICES Complete description of occident and additional information GvyiLC A61w l urvil div ?ham .�G' tt2 SANE of�� , IVi4L 490 �l�hZ',VNLI, VAN wllYvy N/8 ON fCC-4Sr'/vl 19f( A11114dr /1AIRWIPIV4 - To 4 U-Tul-v, ^v vc f{'cc it /tef GR/- -oz- Alas ffF�¢flir�/G r GrftiE of let_VM— &U_ A0,0 AAe77 11fy tem4c, /QED /N /yl y eT /A1C-t p Zvi OCGU.40 --fr AfXT 2/2o H/-0S. Al., IWU.es Describe Damages Car =I -.e Z v16 car eI HT3 / AIOR# gi.G ,N 00601- WC -d 1/1,49.5 i County Dri.er's Signoture Date County Ori.er•s Supar.isor f 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 26, 1986 and Board Action. A11 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: $128 . 00 given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". County Counsel CLAIMANT: DRS. BURT & I:AYE BROUSSARD AUG V 1986 c/o John Mount ATTORNEY: 43 Panoramic Way Suite 900 Martinez, CA W53 Walnut Creek, CA 94612 ADDRESS: Date received BY DELIVERY TO CLERK ON: July 31 , 1986 BY MAIL POSTMARKED: July 30, 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: August 1, 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: By: Duty 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. AUG 2 61986 « / 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 served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator ,' 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 ) Reserved for Clerk' s filing stamps Des Boizr r'kayE Z eovsj-o4,2; ) It ysn9 ) 9 r(- "eiMAJ LN. XWrlaco,,G¢ ) RECEIVED Against the COUNTY OF CONTRA COSTA) JUL d/ 1Q8� or DISTRICT) a AT gELoa ���(Fill in name) ) sy �pe .. . owdy The undersigned claimant hereby makes claim a Contra Costa or the above-named District in the sum of $ 1,2g and in support of this claim represents as follows: ------------------------------------------------------------------------ ----------------- ---- 1. When did the damage or injury occur? (Give exact date and hour) -------�•---T---------------------------------a-------------------------- 2. Where did the damage or injury occur? (Include city and - county) lOAlE' TRRcrJ_ h/*y (A1EAtt G04P C,0 J4Z50 XAJ7710GKl Ca^tTM cdsTy x^17'3' ----------------d----------------------------- - -------- 3. How did the amage or injury occur? (Give---ful--1-details,- use extra sheets if required) Foie_—S!1 p iL/714(Z IYAD l3cre-A/ Sov*ye-v O^) ROM) A14A N I,✓ G S 1 G•vS. O i C. W45- p n/ A B C,""OV O Cu Avg p A10 r.✓" 7-o pa C.c._ OFF k A v ort -ry R p-i 4g, p, ------------------------------------------------ ----- ----------------- 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? /✓a &-A9-A11,-JG 5/6/vS /i✓ 14 DV 4.,✓Gc-- ai2 /a2c'Jt''.vT- IVc� S lG�IrC 1 41rfWC Pe oe..rj�,� 720 /Qc"6v GrTc T.Cst F iG (over) Tb /✓m�✓- d� L c30 Oeo�l-A w�-y . 5. What are 'the names of county or district officer-s.,_:sezzam,t��,q�r 1 employees causing the damage or injury? X07 4eMAtA: TOM 9AOCC(-'r_40AJA • ------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) p/L f 7/42 r+l PRZa FF3J'�o.�,fL ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) C-4,1 4Z C.4'C. d3�A y S1'!o P A•Gl'�/1 P�vyCT��or�,(►Z c f c A.,N Jy 2r-ivO AlOAK IvA-J PrF6IfiEO BcI Jr-07-7-6,j Ivrd /JOP7 C 0011i^'r. Ie✓�.S__f.��4_J�•_�+io��_ri�r��G�P,�c::0�,��4Ma c�ca�����C���---�xo�=---- 8. Names and addresses of witnesses, doctors and hospitals. 7"0/'1 /�A-2 ccrC.a.✓g Z A G/ CA- 3 7 A-372 - yy77 ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: ;... .,.., ... ..DATE.. ... . ...... ..r.. TTEM AMOUNT 74 I(A- � e 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 ITdKA IKdVNr G'G CAPITAiv -A�✓�-' 4/:S e4^104AM << ,,,�,4-y� Svlr< Tac Address W*C-,0va r cmc K i C-4-- 5 y Gah 5 ytb 9 Telephone :No. 717 - yyOQ . -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. " LAW OFFICES OF IIIA= ARNOLD LAUB John Mount AttwneY at Law 43 Panoramic Way•Walnut Creek,CA 94595.415/938-4400 Citiuite 900 corp A 946 4151839 180 Grand Ave.,-7136 OFFICES THROUGHOUT CALIFORNIA 24 HR.EMERGENCY SERVICE CLINIC 01RFC-rOR CTOR CHIROPRA STREET 501 WEST THIRDS4509 - ANTIOCH•NE t41517 54ALIFORNIA,1441 Y THRU FRIDAY TELEPHO15}778-23$1 MOND 8 12 2`7 RESIDENCE I4 SATURDAYS 8-12 y 3 24 HR.EMERGENCY SERVICE CLINIC DIRECTOR f !A.. cZaye 4�( IT 410"� CHIROPRACTOR 218 PINE STREET MONDAY THRU FRIDAY BRENTWOOD,CA 94513 8-12 2.7 TELEPHONE(415)634-6161 SATURDAYS 8.12 RESIDENCE(415)778.2381 ,r REPAIR urvC►ItE . ORDER �� N° . . : 786 AJN (TIME RECEIVED)P.M. 8s ?*W 13114th Street AAL(TIME PROMISED)PAt DATE (415) 75"161 102Ild v ANTIOCH, CA. 94509 PHONE WHEN READY TE Ye: El No (3Nana REMARKS CHARGE REFER Addfeu ORDER WRITTEN TO OFFICE By INTE" Phone TYPE SERIAL MOTOR NUMBER LICENSE NUMBER ' SPEEDOMETER 0 OPER.NO. INSTRUCTIONS c�HAIM RETAIN PARTS FOR TOTAL-LABOR NCONDCARD PARTS TOTAL'PARTS � I HEREBY AUTHORIZE THE ABOVE REPAIR WORK TO BE DONE ALONG WITH SUBLET AEP THE NECESSARY MATERIAL, AND HEREBY GRANT YOU AND/OR YOUR EM- PLOYEES PERMISSION TO OPERATE THE CAR, TRUCK OR VEHICLE HEREIN TOTAL OAS,OIL DESCRIBED ON STREETS, HIGHWAYS OR ELSEWHERE FOR THE PURPOSE OF AND GREASE TESTING ANO/OR INSPECTION. AN EXPRESS MECHANIC-S LIEN IS HEREBY ACKNOWLEDGED ON ABOVE CAR AMOUNT OF REPAIRS THERETO. ' ', TRUCK OR VEHICLE TO SECURE THE TOTAL ACCESSORIES NOT RIPONSIBLE FOR LOii 01 DAMAGE TO OR ARTICLES LEFT IN SUB TOTAL CCARRST IN CASE OF Fikk INET OR ANY OTNI CAUJE BEYOND OUR TAX Signed TOTAL AMOUNT ` CLAIM A�P~ BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,_ CALIFORNIA t" BOARD ACTION Claim Against the County, or District governed by) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT August 2 6 , .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: $36 . 0 0 given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". Counsel CLAIMANT: County. MARK MARTIN 1996 AU G 0 ATTORNEY: Martinez, CA 9455; ADDRESS: 520 Shore Road Date received Pittsburg, CA 94565 BY DELIVERY TO CLERK ON: .July 31, 1986 BY MAIL POSTMARKED: July 30, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK �� 9 DATED: August 1 . 1986 BY: Deputy L. Hall II. FROP: 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: �, � to By:(/C-�- r c-�J ep�ity 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 isatrue and correct copy of the Board's Order ente red in its minutes for this date. Dated: AUG 2 6 1M PHIL BATCHELOR, Clerk, By r-Z .0 deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally Served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator CLAIM ATO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claiitiant 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- 9.11, 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 ) Reser Clerk' s filing stamps RECEIVED ) Against the COUNTY OF CONTRA COSTA) JUL 3/ 1986' or DISTRICT) cx A e c`s PER ,sons (Fill in name) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: --------------------------------------------- l-.-=-When-----did----the----damage-------or--injury occur? (Give exact date and hour) 2. Where did the damage or injury occur? (Include city and county) .1 --------------------------------- d --------------------------------------- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) , ------------------------------------------------------------------------ 4 . What particular act or omission on the part of county or district officers ,,Lse/rvaants or employees caused the injury or damage? / 41/ (over) 5. What are the names of county or district officers,.. servants__ 1 employees causing the damage or injury? - -- - - -------------------------------------------'---------- 6-.--wh-at-d-amage------or--injuries do you claim resulted? (Give full extent of injuries or `damages claimed. Attach two est' ates for auto damage) .C/ �7`s ��C��C Zt�/ �iE�� /o1 ,�6T/7 w ------------------------------ ----- 7. How was the amount claimed above computed? (Includ the estimated amount of anyrpective injury or dama e. ) fq/ f�/e,os�0�v e4 6 po ----------- --------------------------------�� ! --- -- 8. Names and addresses of witnesses, doctors and hospitals. 67 -------------------------------------------------------------------------- 9. L_ .the.. expenditures you made on account of this accident or injury. DATE ITEM AMOUNT 1 t 1 1 . 3 Govt. Code Sec. 910. 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by someperson ori his behalf. " Name and Address of Attorney .> C laim nt s ignature dress 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. " • � 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 26, 1986 and Board Action. All Section references are to ) The copy of this document mailed to you rs your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), Amount:$l833, 59 given pursuant to Government Code Section 913 and ' 915.4. Please note all "WARNINGS". County Counsel CLAIMANT: JERRY PERDUE . AUG U 11986 ATTORNEY: Martinez, CA 94559 ADDRESS: P-0. Box 1073 Date received Antioch, CA 94509- BY DELIVERY TO CLERK ON: July 30, 1986 hand riPl 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: August. 1 , 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: ty 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. [[BO''ARD 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. AUG 2 61986 PHBATCHELOR, Clerk B �� Deputy Clerk Dated: . IL y � P Y WARNING (Gov, code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally 'served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator •.. 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 Cor mail to P.O. Box 9.11, Martinez, CA) ,_ C. If. claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more- than. one _public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) nese r Clerk' s filing stamps Ll R 1E Co"14IED ' 3/JuL3o 400 Against the COUNTY OF CONTRA COSTA) { or C&,��rk (CS' ICI DISTRICT) �6 (Fill in name) ) w 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: --------------------------------------------- _ _ C _ a'j�_ 1. When did the damage or injury occur? (Gve exact /date and hour) 2. Where did the damage or injyty occur? Include city and county) C.C.0 , Tk ���� (� ��r��a`•�� ��a j �4�� 9� �C7i�'1 e ��aw 2��ed v f% 0 111f )GP 5 ------- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) ------- -- - -_-f-lv✓.� - ,� lr _ S r� y C1 _LL v C--------------- 4. What part cular act or omYs ion Q the art of county or district officers, servants or employees caused the injury or damage? (over) 5. What are t*e names of county or district officers, `ser-va;nts=ter.-::% I 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) 7--. H------ow -wasth------e---amount------------claimed-----above-----computed?----------(Incl---ud--e---the--- --estimat-- -- e--d---- amount of any prospective injury or damage. ) �-�_��!,✓ To `---��1'�'��✓TTGA,c. ---- - -------------- . names and addresses of witnesses, doctors and hospitais. 9. List the expenditures you made on account of this accident or injury: s DATE ITEM AMOUNT r 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 -/ J ? A�j�/obi , Gq. Address E Telephone No. �S_ Cl �' Z-�- 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. " STATM pr CALIROWNIA TRAFFIC`L'OLLISION REPORT—Property Damage Only original(6 officer;copy(t[+)to tnuo►ued party(tes) SPECIAL CONDITI ONE N&IS CITY JUDICIAL DISTRICT NUM86R COUNTY REPORTING DISTRICT OKAT ►O"TING Or P$CUw 1 — COLLISION OC CUw RUO ON: MO, DAV YwAR T Yw 2100 "CIC, OI 070 AT INTERSECTION WIT" - - DAY O WUKK TOW AWAY {TAT["WY RULATUD JEW OR: " ET N YES 0 NO O YES NOIET " !ARTYAME R .MIDOLK,LAST MO NUM Bun SK CM DRIVER AODO`w SS CITY 2V COOK O P`D. w1Vwf s LICENSE NUM R STATE'' BIRTHOA O _ __ _ �IowTN PKD VEN UN-Y M / uL LI CENT[N MBiR {TAT[ VUN,TYPE o i- I BICYC. COLOR OIR[CTION I ON/ACROSS STREET OR HIGr WAY {Puma LIMIT T"AVEL 40 4T ^}4 C—, OTHER ENICL`OAMAOU REMOVED TO A PIR ST,M IOOLe,LAST - " Mu NUMBER PARTY = 1 i DRIVER AODR[SS CITY ZIP CODE NARRATIVE/MISCELLANEOUS O ` � W,t OT1i tr ►E O. DRIVEN'S LICENSE NUMBER STATE 81"T"DATE {wx V I WPS TRt811/t:�l.1N.. b, - Q Awa f,-,&.N C(vLrc WHAT ACIPCA2y •r0 5C- A CO-CO-Ca, IKO•VW" VEN YR MAK[/MODEL LICiNfm NUMB[R STAT[ VU",TY►[ F / 51-ANO W 4 TI'S \I(� F'tA(_ A17 -D' T►'C 71CYC. COLOR DIwBCT10N OP ON/ACROSS STREET OR HIGHWAY' $PUMP LIMIT �' , Mh,2Ktb C •C •CV AN UN /7�k7VT/r �� 13 TRAVEL, W��it�S 5r3.rL0 r)4Ar NE SAW rHC OTHww V["ICL`DAMAGE REMOVED To F/�Cp-1 �'.I`,^/y1f ✓,^��/�I �' , w wGU fmX NAMC ADDRESS PHONU.NUMBUR PARTY NO. Y Q O O FAGu .fiX NAMw - ADDRESS - P"ONU NUMuw .. PARTY NO. O O' PROP, hAM[ ADDRESS DAMAGED P"OPUNTY 'OWNEw IMPORTANT — READ CAREFULLY i • Keep this report. This is your record of this accident. To comply with California .Vehicle Code (VC) -Section 20002 (duty where property damaged), you must either: a... Give the owner or person in charge of such property the name and address of the driver and owner"of, the vehicle; or in the absence of the owner, b. Leave a written notice in a conspicuous place on the other vehicle or damaged property, giving the name and address of the driver and owner of the vehicle involved and a statement of the circumstances. 4 This information.is necessary for the completion of your state SR-1 Form, Report of Traffic Accident, and your insurance report. VEHICLE COr)E SECTION 16000 The driver of a vehicle involved in an accident resulting in damage to the property of any ONE party in excess of the amount stated-in VC. Section 16000 or in'the injury or death of any person MUST submit a SR71 Form`,to the California Depar-tment of Motor Vehicles within 15 days. Note: Failure to;comply.may result in suspension'of your driver's license. - Form SR-1 may be obtained from the Department of Motor Vehicles,.the California Highway Patrol, any police station, motor vehicle club, or insurance agent. If city or state property is damaged, you will be contacted regarding possible liability. 85 92847 AUTO-TRUCK Date Assigned ESTIMATE STATE1 POLICY NUMBER Insured TRUCK CLAIM NUMBER DATE OF LOSS Claimant— Car Location C jNAMf,C)FREPAIR SHOP(Ag,e-to complete and guarantee repoirs listed below) ADDRESS:NO. STREET CITY SHOP PHONE NO. YEAR, MAKE AND MODEL IDENTIFICATION LICENSE NO. SPEEDOMETER New Repair DESCRIPTION OF REPAIRS LABOR PARTS SUBLET ..y 4-17 0 1/ 7f s. 7' 444 5, 1-2 94 Ty fAJC 7`7 -7 71. C;F' C' L. U Com ' T z 47 73' 777�7f�:. Cash Allow. - Labor—Hrs. Item Parts + Betterment Tax Irr % on $ Amount Approved Sublet&Net Items Deductible Sub Total Net Payment Supplement National Accounts Supplement Inspector to lKspected REPAIR SHOP: Any supplementary repairs required must be inspected before repair. 23-051712-8311801 2DOIST PFtINTEDIN U.S.A. Om SHOP COPY THIS INSTRUMENT IS NOT AN AUTHORIZATION TO REPAIR BIL�.TAY'LOR A & B AUTO COMPANY 832.2756 2700 MARKET STREET ESTABLISHED 1949 OAKLAND,CA 94607 24 HOUR TOWING NAME ADDRESS PHONE DATE YEAR AKE MODEL ESTIMATOR INS. CO. 2 — 9t,( s t=-y- VIN NO. ODOMETER LICENSE NO. ADJUSTER 2S"917 70 SYM FRONT LABOR PARTS SUB- :;YM LEFT LABOR PARTS SUB- SYM RIGHT LABOR PARTS SUB- LET LET LET Bumper Fender Fender Bumper Gd Fen Shield Fen Shield Bumper Reinf. Fen Liner Fen Liner Bumper Fill. Fen Mid. Fen Mid. Bumper ?yLAlign ent S �,Q � Side Mkr. Side Mkr. Frame Headlamp Assm. Headlamp Assm Cross Mem -", Headlamp Dr. Headlamp Dr. Wheel Cowl Cowl H p q Ft. Door Ft. Door cJ Knuckle 41N /6'(,.'µ Ft. Door Mid Ft. Door Mid. - S„�lcrrrtTji Cen.Post Cen.Post C.Arm. LR R. Door R. Door Tie Rod 61.1 71 R.Door Mid. R.Door Mid. j,wk-swerirrg 30 a'f Rocker Panel Rocker Panel okJb,:%?Gravel Shield Z S Rocker Mid Rocker Mid. 1i;-4r% g tf C%5— Zcj Floor Floor Rad.Grille Qtr.Panel Qtr.Panel Windshield Qtr.Mid. Qtr.Mid. Header Panel Glass Glass 71 Water Pump REAR MISC. Horn Bumper Inst. Panel Hood Top Bumper Reinf. Front Seat Lock Pit. Up Bumper Gd Tire %Worn Lock Pit. LR Bumper Abs. Battery Hood Hinge Gravel Shield Paint Hood Mld R. Body Panel Stripe Rad.Sup. Floor Underseas Q, nn� Rad.Core Deck Lid Radio Fan Shroud Tail Lt.Assm. Fan Blade Frame Mtr Mts Roof ke-A L SS Coolant Back Glass A.C.Cond. Freon c6'TOTAL LABOR @ 36 Ic) eo Parts prices subject to invoice at time of purchase. Above estimate based upon initial719. TOTAL PARTS 795at el inspection and does not include parts placemen of Worn parts or damage TOTAL DEPRECIATION not initially evident. TOTAL SUBLET .3E5 "� TAX ON -749 at 1+le�'rl ADVANCED CHARGES AUTHORIZATION FOR REPAIR. YOU ARE AUTHORIZED TO PERFO M THE ABOVE TOTAL R EPAI RS. 1�135'� COMMENTS: SIGNED DATE ZL-)-:b ALL WORK GUARANTEED 6 MONTHS OR 6000 MILES WHICHEVER COMES FIRST. 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 26, 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". COUnty COUl1S@J CLAIMANT: GEORGE P• BARR III 749 Charlton Drive AUG U I .1986 ATTORNEY: pleasant Hill, CA 94523 ADDRESS: Date received MatYI/�=' Ca 9 BY DELIVERY TO CLERK ON: July 28 , 1986 CA 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. p✓ PHIL BATCHELOR, CLERKCi` , DATED: July 31, 1986 BY: Deputy L. Hall II. F/ 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: 0100,;;"6 By: L v mit- $ uty 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 (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. AUG 2 6 1986 PHIL BATCHELOR, Clerk, By � 0 Dated: Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally 'served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator 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 ) Reser ' ng stamps RECEIVE- ) Against the COUNTY OF CONTRA COSTA) �11L or DISTRICT) (Fill in name) ) '' The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: ------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) � ------- Nt---� ��` � 144OW A. 3'30 �i� ----------------------------- 2. Where did the damage or injury occur? (Include city and county) -- ---- ----- --------- -- ---=- 3. How did -the- --d-amage- or-injury occur? (Give full details, use extra sheets if required) m P T/ilk c/ com i/VJ /awe'&'� / —UC.4 L '/U` �•L� y/a K�L�I..� /7"i fa �/ Gt//,✓GSLiir/� 4. What paFESrticular act or omission on the part of county or district officers , servants or employees caused the injury or damage? Ar (over) S-. What` are .,the names of county or district officers, servants:br : f I 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) -------------------------------------------- claimed above computed? (Include the estimated amount of any prospective injury or damage. ) ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and' hospi.tals. - -------------------------------------------------------------------- 9-.--y List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT c Govt. Code Sec. 910.2 provides : "The claim igned by the claimant SEND NOTICES TO: (Attorney) or by sq#Fe' person 'o his behalf. " Name and Address of Attorney Claim •' s nature . . . . jam- 'dd 4e-- /�i/ Telephone No. Telephone No. 690 ************************************************************************** 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. " .' ol INVOICE 1N1O a W. STRICTLY MOBILE GLASS N2, 2189 64 MONUMENT PLAZA PLEASANT HILL, CA 94523 (415) 676-8259 SOLD TO SHIP TO CUSTOMER'S ORDER SALESMAN TERMS SHIPPED VIA i DATE �•r g*x \\1 kk ` S • _ S � Gid �t>oannl® 75726 POLY PAK (50 SETS) 7P726 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 26 , 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: $150. 71 given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". County Counsel CLAIMANT: DORA JEAN BESHEARS AUG U 11986 3715 Delta Fair Blvd. C-7 ATTORNEY: Antioch, CA 94509 Martinez, CA 94553 ADDRESS: Date received BY DELIVERY TO CLERK ON: July 29, 1986 CA BY MAIL POSTMARKED: July 21, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. July 31, 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: (,L l0 � By: =� �—^ /L n-<<-C rf 1't- 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 (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 2 6 198 • Deputy Clerk PHIL BATCHELOR, Clerk, By 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 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 d fo ng stamps ) RECEIVED Against the COUNTY OF CONTRA COSTA) 14l' WyrN or DISTRICT) o d ELO (Fill in name) ) q, K ar The undersigned claimant hereby makes claim nst the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: ,. y ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) ------ -- ---- - -- ----------------- 2. Wh re d-the-- amage or injury occur►?' (Include city and county) 3. How di a amage or injury occur? (Gi full details, use extra sheets f required) \u� --------------------------------=--------------------------------------- 4 . What particular act or omission on the part of county or district LQ officers , servants or employees caused the injury or damage? C��c- �,(�S C c� ,����^vJ . ►-tJ(a 1e." CL-bac�-� Adj,,-(over) 5. What 'are the names ofcount or district officers, -:serwants�r I employees causing the amage or injury? ---Qx— CJZ� - ---� -- - - - --- 6. What damage or injuries do you claim result ? (Give full extent of injuries or damages claimed. Attach two stimates for auto damage) © i ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) �*A , ,CAP 4 ------------------------ 8. aures an addresses of witnesse �Kctors-an-d- hospitals. -- -- ----------------- ---------------------------------------------- 9.--Li,t...the ._expenditures ou made on account of this accident or injury: DATE ITEM AMOUNT t i f i Govt. Code Sec. 910. 2 provides . "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some 'person* 'on his behalf. " Name and Address of Attorney Cl nt' s Si nature \ 4WI-- u 's; 1 u SDC--7 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. " r i ' �ETAiL SALES RECEIPT INVOICE AMOUNT All consumer credit:ales reflected on this form are o made pursuant to the Retaii Instatiment Credit Agree- ment teens previously furnished you by Mobil.Bank. . care sales a:e sue;a t to the tams of,your bank card C) agreement M013i1.OIL CREDIT CORPORATION CUSTOMER COPY "°`° K3964185 s PRODLICT OR PRICEf AMU NT CUSTOMER SIGNATURE ALIT TH. - '-- SALESMANI EPAIR 1 I ER NO. AUTO TAG.NO. STATE PORDRIGE-S INCLUDE AP 6L SALES TAX AT' ( ISE TAXES I I r TOTAL MUST AGREE WITH TOTAL /SCJ- , t DRIVER'S LICENSE N0, STATE--1 AMOUNT IMPRINTED AT TOP — ' FGO-F5(3.841 t v Y s } . a 5 REPAIR ESTIMATE Y e All Date of Inspection J' Claim Number Insured Claimant Phone Location of car during daytime hours Phone r Wake o gel // }) Bo()y yl b r M' a e i e /\j olor RE PAINT REPAIR PLACE DESCRIPTION OFREPAIRS PARTS SUBLET LABOR IT IS UNDERSTOOD AND AGREED THAT THE UNDERSIGNED REPAIRER GUIDEBOOK SUBTOTAL WILL COMPLETE AND GUARANTEE THE ABOVE REPAIRS AT A PRICE OF $ INCLUDING ALL CHARGES INCIDENTAL RADIATORS LABOR HOURS C ul� THERETO. ANY SUPPLEMENTAL CHARGE MUST BE APPROVED OR IT WILL NOTSE HONORED. BUMPERS PARTS$ LESS % 3 L.K.O.PARTS DEDUCTIBLE SUBLET AGREED REPAIR CSC PRICE BY: SHOP: TIRES DEPRECIATION TAX BASIS FOR DEPR TION: OTHER TOTAL TOTAL ADJUST ) New York Use Only C_: �./ LESS BUS. BUS. V / NETTOTAL ADDRESS PHONE (�v THIS INSTRUMENT IS NOT AN AUTHORIZATION TO REPAIR 0147-24 PRINTED IN U.S.A. CUSTOMER/SHOP COPY 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 26 , 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: VALLEY OF CALIFORNIA, I11C. ET AL County Counsel c/o George B. Speir ATTORNEY: Miller, Starr & Regalia AUG U 1'1986 1600 Ordway Building Martinet, CA 94553 ADDRESS: One Kaiser Plaza Date received Oakland, CA 94612-3683 BY DELIVERY TO CLERK ON: .July 25 , 1986 (?�/ BY MAIL POSTMARKED: July 22 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. .Jul 3l PHIL BATCHELOR, CLERK 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 (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: By: / ty 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 (X) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Or:z;a in its minutes for this date. Dated: AUG 2 6 19ss 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''served or deposited in the mail .to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator LAW OFFICES MILLER, STARR & REGALIA A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS EDMUND L.REGALIA* MARVIN B.STARR* 101 CALIFORNIA STREET HARRY D.MILLER' BURCH FITZPATRICK• ONE KAISER PLAZA SUITE 2200 LUANA S.MILLER' DAVID M.VAN ATTA• WILLIAM KELLY JEFFERSON FRAZIER• ORDWAY BUILDING,SUITE 1600 SAN FRANCISCO.CALIFORNIA 94111 WILSON F.WENDT• JACK C.PROVINE• TELEPHONE:(415)982-3838 LESLIE A.JOHNSON* EUGENE H.MILLER' OAKLAND,CALIFORNIA 94612 FAX NO.4L5-956-6x64 i TIMOTHY L.CLACK JOHN K.SUTHERLAND* JOHN G.SPRANKLING JAMES FRASSETTO (415)465-3800 LAWRENCE A.CALLAGHAN RICHARD B.BEAUCHESNE 101 YGNACIO VALLEY ROAD GARY E.ROSENBERG GEORGE B.SPEIR FAX NO. FOURTH FLOOR ROBERT F.KIDD KARL E.GEIER 415-465-1202 PAUL D.MARIENTHAL RICHARD G.CARLSTON WALNUT CREEK.CALIFORNIA 94596 MICHAEL H.ZISCHKE AMY MATTHEW TELEPHONE(415)935-9400 MARK A.CAMERON JAMES V.JOYCE JON S.SINDELL MICHAEL H.LEWIS FAX.NO.415.933-4126 DIANE L.GIBSON MARK HARTMAN MATTHEW D.LEMPRES WILLIAM R.PLAPINGER McKNIGHT BRUNN' ERNEST TAI LESLIE A.BURTON OF COUNSEL NANCY LUNDEEN MARY M.RUDSER PAUL N.DUBRASICH STEVEN J.ADAMSKI D.ROBERT LOHN JEAN H.DUNKIRK TER B.MEHRBERG SONDRA E.WELDEN July 22 , 1986 TAMSEN L.McCRACKEN LAURENCE W.PARADIS DEBRA E.KELLER •A PROFESSIONAL CORPORATION Mr. J.R. Olsson, Clerk Contra Costa County Board �. of Supervisors !U I, z P.O. Box 911 Martinez, CA 94553 OLSSON, Cgurr! Clan:• Re: Claim of Valley of California,` Inc. and Jan Binkley Dear Mr. Olsson: Enclosed please find the claim of Valley of California, Inc. and Jan Binkley for equitable indemnity with respect to Contra Costa County Superior Court Action 257600, now consolidated with John Courtney, Jr. , et al . v. County of Contra Costa, et al. , Contra Costa County Superior Court Action No. 256792 . For your information, the Flood Control District has appeared in this action, and is currently represented by the firm of Gordon, DeFraga, Watrous & Pezzaglia, 611 Las Juntas Street, P.O. Box 630, Martinez, California, 94553 , Telehone: (415) 228-1400. Thank you for your prompt consideration of this claim. Very truly yours, MI )R, STARR & REGALIA L —� eo B Speir GBS:ttc Enclosures cc: Timothy J. Ryan, Esq. Daniel M. Mueller, Esq. 1 GEORGE B. SPEIR MILLER, STARR & REGALIA 2 1600 Ordway Building One Kaiser Plaza 3 Oakland, California 94612-3683 Telephone: (415) 465-3800 4 DANIEL M. MUELLER 5 Office of the General Counsel VALLEY OF CALIFORNIA, INC. , dba COLDWELL BANKER RESIDENTIAL REAL RECEIVED 6 ESTATE SERVICES OF NORTHERN CALIFORNIA • 7 7950 Dublin Boulevard, Suite 100 Dublin, California 94568 J451986 Telephone: (415) 833-6633 8 EL Attorneys GR� Attorneys for Defendants VALLEY CLE a SuT�.Oep11Y OF CALIFORNIA, INC. and JAN BINKLEY 10 11 In Re The Claim Of: ) 12 ) VALLEY OF CALIFORNIA, ) CLAIM FOR 13 INC. and JAN BINKLEY, ) EQUITABLE INDEMNITY 14 Claimants. ) 15 TO THE BOARD OF DIRECTORS OF THE CONTRA COSTA COUNTY FLOOD 16 CONTROL AND WATER CONSERVATION DISTRICT, AND TO THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY: 17 1. You are hereby notified that VALLEY OF CALIFORNIA, 18 INC. and JAN BINKLEY, through their attorneys of record George B. 19 Speir, Miller, Starr & Regalia, 1600 Ordway Building, One Kaiser 20 Plaza, Oakland, California, 94612-3683 , hereby submits their 21 claim against the CONTRA COSTA COUNTY FLOOD CONTROL AND WATER 22 CONSERVATION DISTRICT for equitable implied indemnity and 23 declaratory relief, arising out of allegations made against 24 Claimants in the Amended Complaint For Damages And For Rescission 25 And Restitution in James Cox, et al . vs. Bruce Lewis, et al. , 26 Contra Costa County Superior Court Action No. 257600. This 27 action has been consolidated, by order of the Superior Court, 28 LAW OFFICES MILLER, STARR B REGALIA (1) ORDWAY BUILDING-SUITE 1650 ONE KAISER PLAZA OAKLAND.CA.94612 (4 15) 465-3800 1 with that action entitled John Courtney, Jr. , et al. vs. County 2 of Contra Costa, et al. , Contra Costa County Superior Court 3 Action No. 256792 . 4 2 . The allegations of claimants with respect to the 5 liability of the DISTRICT are set forth in their Amendment To 6 Cross-Complaint, a copy of which is attached hereto as Exhibit 7 "A" , and First Amended Cross-Complaint, a copy of which is 8 attached hereto as Exhibit "B" . 9 3 . Claimants are not currently aware of the total 10 liability, if any, which will be incurred by claimants and for 11 which claimants seek indemnity from the DISTRICT. 12 4 . All notices and communications with regard to this 13 claim should be submitted to counsel for claimants, as follows: 14 George B. Speir Miller, Starr & Regalia 15 1600 Ordway Building One Kaiser Plaza 16 Oakland, California 94612-3683 Telephone: (415) 465-3800 17 18 Dated: July �Z 1986. MILLEZSARR & REGALIA 19 20 By 21 e e B. Speir AttorneysKiJr VALLEY OF 22 CALIFORNIA, INC. and JAN BINKLEY 23 24 25 26 27 28 LAW OFFICES MILLER, STARR & REGALIA (2) ORDWAY BUILDING-SUITE 1650 ONE KAISER PLAZA OAKLAND.CA.94612 (4 15) 465-3800 I DANIEL M. MUELLER-, Esq. Office of the General Counsel 2 VALLEY OF CALIFORNIA, INC. 7950 Dublin Boulevard, Suite #100 3 Dublin, California 94568 Telephone: 415/833-6633, 4 File Number : 200.033 5 Attorney for .JAN BINKLEY and 6 VALLEY OF CALIFORNIA, INC. 7 IN THE SUPERIOR COURT OF THE STATE OF 'CALIFORNIA 8 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 ! JAMES COX and SHERRY COX, NO. 257600 11 Plaintiffs, [Consolidated Cases] 12 NO. 256792 VS. NO. 256902 13 BRUCE LEWIS; ROBERTA LEWIS; AMENDMENT TO CROSS- 14 VALLEY OF CALIFORNIA, INC. , COMPLAINT doing business as VALLEY OF (CCP Section 474 ) 15 REALTY; JAN BINKLEY; EXECUTIVE BROKERS, INC. ; 16 DICK JAMES; DOES 1 through 17 50 , inclusive, Defendants. 18 -- -- --� 19 VALLEY OF CALIFORNIA, INC. , and JAN BINKLEY, 20 Cross-complainants , ' 21 VS. 22 BRUCE LEWIS; ROBERTA LEWIS; 23 EXECUTIVE BROKERS, INC. ; DICK JAMES, and ROES 1 24 through 10 , inclusive, 0 25 Cross-defendants. 26 27 f ?8 I I Upon filing the First Amended Cross-complaint herein. 2 Cross-complainants VALLEY OF CALIFORNIA, INC. and JAN 3 BINKLEY were ignorant of Cross-defendants ' true names , 4 stated that fact in the Cross-complaint, and designated the 5 Cross-defendants by fictitious names. The Cross-defendants' I 6 true names have now been discovered and Cross-complainants i� 7 hereby amend the Cross-complaint as follows: 1 8 TRUE NAMES FICTITIOUS NAME 9 (1) Seidelman and Associates to substitute for Roe 1 10 (2) D. J. Hudson Construction 11 Co. to substitute for Roe 2 12 (3) D. J. Hudson to substitute for Roe 3 13 (4 ) Steve Rossi to substitute 14 for Roe 4 15 (5) John Courtney, Jr. , to substitute for Roe 5 16 i(6 ) Dolores Courtney to 17 substitute for Roe 6 18 (7) Robert C. Hendricks to substitute for Roe 7 '19 i (8) Carol A. Hendricks to 20 substitute for Roe 8 21 (9) Contra Costa Flood Control District to substitute for Roe 9 22 23 24 25 26 27 28 o , i . 1 Cross-complainants hereby amend their First Amended 2 Cross-complaint by inserting such true names in the place of 3 such fictitious names whenever they appear in the Cross- 4 complaint. !! . 5 DATED: 6 7 DANIEL M. MUELLER, Esq. Attorney for JAN BINRLEY and 8 � VALLEY OF CALIFORNIA, INC. t 9 10 11 12 13 1411 i 15 16 17 18 - 19 20 21 22 23 24 0 25 26 27 28 C :\033AMXC.TXT o a PROOF OF SERVICE P.Y MLIML - CCP 1013c, 2015.5 f it .1 � ( ccctaro thch I c"' 'RXRKR�Rf/emplo .„ in} tho county of--. Alameda _— ._.._.................._......- ---------- 'Iii �7UNh yVl(j1[►IAI(,JN(:Q��UPP�`I .3 If 1 c•-. ov•- the age of eighteen years and not a party to the within cause; my (business residence) address is: I I 4 I _7950 Dublin Boulevard, Suite #100, Dublin, California 94568 June 12 1986 AMENDMENT TO CROSS-COMPLAINT �' ._.............--------.....-----------.._.._., I served thr w:1hin t ...... ............. _.._._...._..._—.-.._«. On 11he c.:'_):e, by ;Ju. ing a true cr;py thereof en.aosed in a seeled envelope with pcstcye thereon fully prepcid, in 'he j Dublin California F li I;ni!-a Stu!es moli of ._...._.._._.. ' _•._________ addressed cs ;olloW%: I: 4 Dennis R. Ames, Esq. Robert W. Shapiro, Esq. :I I LAFOLLETTE, JOHNSON, RING, JOHNSON b SHAPIRO " IC SCHROETER b DEHAAS 401 Grand Avenue, Fifth Floor ! 101 California Street Oakland, California 94610 i � ? 20th Floor San Francisco, California 94111-5861 Howard E. Melamed, Esq.' 12 �. MELAMED 6 BIRRLEY �! Timothy J. Ryan, Esq. 31.9 Lennon Lane '_•� I GORDON, DEFRAGA, WATROUS b Walnut Creek, California 94598 PEZZAGLIA i 14 A Law Corporation Charles Wisch, Esq. 611 JLas Juntas Street GOLDSTEIN & PHILLIPS I 14 'I P.O. Box 630 Three Embarcadero Center, Suite 2280 Martinez, California 94553 San Francisco, California 94111 16 I - iScott D. Mroz, Esq. Donald W. Curran, Esq. 17 �! SEDGWICR, DETERT, MORAN 6 CURRAN & ALSCHULER I! ARNOLD 629-Oakland Avenue 18 One Embarcadero Center Oakland, California 94611 �j 16th Floor 19 I San Francisco, California 94111-3765 Peter Thurston, .Esq. GIBSON, DUNK 6 CRUTCHER James M. Harris, Esq. One Almaden Boulevard y ! YORK, BURESH & RAPLAN San Jose, California 95113 21 1' 2298 Durant Avenue ;` iBerkeley, California 94704 (continued on attached page) 2 i! ; unr.!er penr:Ity of perjury W.at the foregoin3 is true en-i correct, did thct this declaration was executed on `� �'• June 12, 1986 Dublin tl ......-............................_..__..........._........._....__....._...----, at ........... -'. _._........... Caliiornic. 1 I DONETTE M. GARVIS j • J I , I I, ti O Paul Scidelman, Esq. SEIDELMAN ASSOCIATES 90 Devon Avenue Pleasant Hill, California 94523 Dean J: Hudson D. J. Hudson Construction 11.2 Center Avenue Pacheco, California 94553" 0 0 a i • I DANIEL M. MUELLER, ESQ. Office of the General Counsel 0 n 2 COLDDiELL BANKER RESIDENTIAL REAL �( D ESTATE SERVICES OF NORTHERN CALIFORNIA 3 7950 Dublin Boulevard, Suite 100 Dublin, California 94568 4 Telephone: (415) 828-5610 MAY 241984 5 Attorney for VALLEY OF CALIFORNIA, INC. j. R. Ute»vjv, (;'uunry Clerk 6 and JAN BINKLEY Lly CONTRA COSTA COUNTY �'• ilii::�i;�-��p"h' 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 JAMES COX and SHERRY COX, ) 11 Plaintiffs, ) NO. 257 600 12 vs. ) FIRST AMENDED CROSS- COMPLAINT FOR INDEMNITY 13 BRUCE LEWIS, ROBERTA LEWIS; ) AND DECLARATORY RELIEF VALLEY OF CALIFORNIA, INC. , dba ) 14 VALLEY REALTY; JAN BINKLEY; ) EXECUTIVE BROKERS, INC. ; ) 15 DICI: JAI-IES; DOES 1 through 50, ) inclusive, ) 16 ) Defendants. ) 17 ) VALLEY OF CALIFORNIA, INC. , ) 18 and JAN BINKLEY, ) 19 Cross-Complainants, ) 20 v s. ) 21 BRUCE LEWIS; ROBERTA LEWIS; ) EXECUTIVE BROKERS, INC. ; ) 22 DICK JAMES, ROES 1 through 100 , ) inclusive, ) 23 ) Cross-Defendants. ) 24 ) 25 Cross-complainants VALLEY OF CALIFORNIA, INC. and JAN 26 BINKLEY complain as to cross-defendants and each of them as 27 follows: 28 I n �,- J 1 FIRST CAUSE OF ACTION 2 1 . Cross-complainant VALLEY OF CALIFORNIA, INC. is a duly 3 licensed real estate brokerage firm engaged in the real estate 4 brokerage business in the State of California with its principal 5 place of business in Dublin, California. 6 2. Cross-complainant JAN BINKLEY is and was at all 7 relevant times a licensed real estate agent performing real 8 estate services on behalf of VALLEY OF CALIFORNIA, INC. 9 3 . Cross-complainants are informed and believe and thereon 10 allege that cross-defendant EXECUTIVE BROKERS, INC. is a duly 11 licensed real estate brokerage firm doing business as such in the 12 County of Contra Costa and as such represented the plaintiffs 13 JAMES COX and SHERRY COX in the transaction which is the subject 14 of this action. 15 4 . Cross-complainants are informed and believe and thereon 16 allege that cross-defendant DICK JAMES is a duly licensed real 17 estate agent performing real estate services on behalf of 18 EXECUTIVE BROKERS, INC. and as such represented the plaintiffs 19 JAMES COX and SHERRY COX in the transaction which is the subject 20 of this action. 21 5. Cross-defendants ROES 1 through 100, inclusive, are 22 sued herein by fictitious names; that cross-complainants do not 23 at this time know the true names, capacities nor specific 24 activities of said cross-defendants; that each of said cross- 25 defendants is or may be legally liable to cross-complainants 26 and cross-complainants therefore pray that the name of said 27 cross-defendants may be inserted herein when said name, capacity 28 and/or activity is ascertained. -2- 1 6 . At all times herein mentioned, each cross-defendants 2 was an agent, servant, franchisee, joint venturer, partner, 3 employee and co-conspirator of the other cross-defendants herein 4 mentioned; that at all of said times each of said cross- ' 5 defendants was acting within the course and scope of said agency, 6 service, franchise, joint venture, partnership, employment and 7 conspiracy. 8 7 . On or about March 23 , 1984, plaintiffs filed a complaint 9 herein against cross-complainants and cross-defendants BRUCE 10 LEWIS, ROBERTS LEWIS, EXECUTIVE BROKERS, INC. , DICK JAMES, and 11 DOES 1 through 50, concerning the subject property, commonly 12 known as 1032 Adrienne Drive, Alamo, California. Cross- 13 complainants refer to said complaint and incorporate the same 14 herein by this reference for informational purposes only. 15 8. If plaintiffs sustained damages as alleged in their 16 complaint , said damages were caused entirely or partly by cross- 17 defendants and each of them. Cross-complainants deny that they 18 have any responsibility or liability arising from plaintiffs' 19 complaint but allege that any liability they may incur as a 20 result of said complaint is only passive and secondary, and that 21 liability to plaintiffs, if any, is the result of the active and 22 primary acts, omissions and fault of cross-defendants and each of 23 them. 24 9. As a result therefore cross-defendants are obligated to 25 indemnify cross-complainants, and cross-complainants are entitled 26 to total and/or partial implied and/or equitable indemnity from 27 said cross-defendants and each of them based on principles of 28 equitable indemnity and/or comparative fault for any sums which -3- 1 cross-complainants may be compelled to pay as a result of any 2 damages, judgment or other awards by plaintiffs against these 3 cross-complainants. 4 10. Cross-complainants are additionally entitled to 5 reasonable attorney's fees for compensation of expenditure of 6 attorney services as a result of their right to indemnification, 7 and to costs incurred herein, from cross-defendants and each of 8 them. 9 WHEREFORE, cross-complainants pray as hereinafter set 10 forth. 11 SECOND CAUSE OF ACTION 12 11 . Cross-complainants incorporate paragraphs 1 through 13 10 of the First Cause of Action as if fully set forth herein. 14 12 . An actual controversy has arisen an& now exists 15 between cross-complainants and cross-defendants and each of them 16 in that cross-complainants contend and cross-defendants deny 17 that liability for the damages, -if any, claimed by plaintiffs 18 rest entirely or partially on cross-defendants and each of them. 19 13 . Cross-complainants desire a judicial determination of 20 the respective rights and duties of cross-complainants and cross- 21 defendants and each of them, with respect to the damages claimed 22 in the complaint of plaintiffs. In particular, cross- 23 complainants desire a declaration of the respective liabilities 24 of cross-complainants and cross-defendants for such damages and 25 a declaration of the responsibility of' cross-defendants and each 26 of them to indemnify cross-complainants for any sums which cross- 27 complainants may be compelled to pay and for which cross-defen- 28 dants and each of them have been determined responsible. ;.:4 1 15 . Such a declaration is necessary and appropriate at 2 this time in order that cross-complainants may ascertain their 3 rights and duties with respect to the claims of plaintiffs for 4 damages. The claims of plaintiffs and cross-complainants are 5 related to the same transaction and determination of both in one 6 proceeding is necessary and appropriate in order to avoid a 7 multiplicity of actions. 8 16 . Cross-complainants have incurred costs, expenses and 9 compensable expenditure of attorney services in the investiga- 10 tion and defense of this action, and additional such costs and 11 expenditures will necessarily be incurred in this litigation. 12 Cross-complainants may suffer liability for the acts or failure 13 to act of cross-defendants and each of them as aforesaid. 14 Cross-complainants therefore are entitled to iecover all of such 15 sums from cross-defendants and each of them. 16 WHEREFORE, cross-complainants pray for judgment against 17 cross-defendants and each of them as follows: 18 (1) For total and/or partial equitable and/or implied 19 indemnity against cross-defendants and each of them for damages 20 claimed by plaintiffs, if any are found to exist, as against 21 cross-complainants; 22 (2) For a declaration of the respective rights and obli- 23 gations of the parties and particularly of the obligation to 24 indemnify cross-complainants by cross-defendants if cross- 25 complainants are compelled to pay any sums as a result of any 26 judgment in favor of plaintiffs herein, including costs, 27 attorney's fees and other expenses incurred thereby; 28 (3) For such costs, expenses and compensable expenditure -5- 1 of attorney services in defending this action for which cross- 2 complainants" are entitled to on account of their rights of 3 indemnification; 4 (4) For costs of suit herein incurred; 5 (5) For such other and further relief as the Court may 6 deem just and proper. 7 DATED: May .23 , 1984. 8 , 9 ti 10 DANIEL M. MUELLER, ESQ. Attorney for VALLEY OF 11 CALIFORNIA, INC. and JAN BINKLEY 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -6- 1 CERTIFICATE OF 1:AILTN- C.C.P. 1013 (a) 201 . 5 2 3 The undersigned, at Dublin, California , declares to be true , 4 . under penalty of perjury, that she/he is a citizen of the United 5 States, over 18 bears of age and is not a party to the within action 6 business address is 7950 Dublin Boulevard, Suite 100, Dublin, 7 California 94568 . She/he executed this affidavit and served a true 8 cope of the FIRST AMENDED CROSS-COMPLAINT FOR INDEMNITY AND 9 _DECLARATORY RELIEF. 10 ' 11 by mail, placing same in an envelope, sealing, fully pre-paying postale thereon, and depositing said envelope in U .S . :Mail at 12 �/d I 13 Dublin, California.. on the � dah of O _ 19 said envelnpe was addressed as follows : 14 I 15 Charles J. Wisch, Esq. Goldstein & Phillips 16 3 Embarcadero Center, Suite 2280 San Francisco, CA 94111 17 I i 18 19 20 I 21 22 23 24 25 I declare under penalty of perjury that the foregoing is true 26 and correct, and that this declaration was executed on Z ?7 at Dublin, California. 28 Haria Bacci ' CLAIM /7 90ARD 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 26, 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". County Counsel CLAIMANT: DOROTHY A. GRA�iAM ET AL c/o Fisher & Hurst AUG U 1'1986 ATTORNEY: Attn: Stephen C. Kenny, Esq. & Martinez Scott D. Raphael, )isq � CA 94&WADDRESS: Four Embarcadero Center 'Date received 25th Floor BY DELIVERY TO CLERK ON: July 29 , 1986 San Francisco, CA 9-4111-4132 July 25, 1986 BY MAIL POSTMARKED: Certified �IP017967611 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 31 , 1986 BY: Deputy II. FR9M: 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: A."4- By: , 1_4,A_'4, -C 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 (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. AUG z s 1986yl /*�/ Dated: PHIL BATCHELOR, Clerk, ByDeputy Clerk WARNING (Gov, code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally 'served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator k" r t. STEPHEN C. KENNEY, ESQ. SCOTT D. RAPHAEL, ESQ. Ct LAW OFFICES OF 1 �� 1 FISHER F3 HURST ✓(/�� FOUR EMBARCADERO CENTER SAN FRANCISCO, CALIFORNIA 941114- 2 TELEPHONE (415) 956-8000 CO ��g F�oq S F SBO 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM as the executor of the ESTATE OF JAMES M. GRAHAM. 6 7 8 BOARD OF SUPERVISORS , COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) THE ESTATE OF JAMES M. GRAHAM, ) 12 ) Claimant , ) CLAIM FOR INDEMNITY 13 v. ) 14 COUNTY OF CONTRA COSTA, ) 15 Respondent. ) 16 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executor of the ESTATE OF JAMES M. 19 GRAHAM, Deceased, by presents this claim to the COUNTY OF CONTRA 20 COSTA pursuant to California Government Code § 910.4. 21 1. The name and post office address of the claimant is as follows: 22 DOROTHY A. GRAHAM, as the Executor of the 23 ESTATE OF JAMES M. GRAHAM r c/o FISHER & HURST 24 Attn: Stephen C. Kenney, Esq. Scott D. Raphael , Esq. 25 Four Embarcadero Center. 25th Floor San Francisco, California 94111-4132 26 1 . 1 1 1 2. The post office address to which claimant desires notice of this claim to be sent is as follows: 2 Stephen C. Kenney, Esq. 3 Scott D. Raphael , Esq. FISHER & HURST 4 Four Embarcadero Center. 25th Floor San Francisco, California 94111-4132 5 3. On December 23, 1985, in the City of Concord, County of 6 Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft Baron 7 BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan Field 8 Airport. All three occupants of said aircraft were killed in the crash. Carl Camcam, Sr. , Annie Camcam, and Beverly Camcam 9 were allegedly injured in the crash, which occurred at the Sun Valley Mall , located in the City of Concord, County of Contra 10 Costa, California. 11 4. The County of Contra Costa is responsible for the design, construction, maintenance, operation, and certification 12 of the Concord Buchanan Airport, and control of its use. The County of Contra Costa is further responsible for the certifica- 13 tion, permission, approval, and the provision of zoning and ordinances permitting the construction of the Sun Valley Mall , 14 attracting a great number of persons, in close proximity to the Buchanan Field Airport, and below and directly within a 15 heavily traveled air corridor in the vicinity of the air- port. 16 5. On May 5, 1986, a complaint for personal injury damages 17 was filed in the Superior Court of the State of California, in and for the County of Contra Costa, by plaintiffs, Carl Camcam, 18 Sr. , Annie Camcam, and Beverly Camcam, a minor, by and through her guardian ad litem, Carl Camcam, Sr. ( "plaintiffs" ) . (A true 19 and correct copy of said complaint, Action No, 285887, is attached hereto as Exhibit "A" , and incorporated herein by 20 reference. ) The complaint alleges, inter alia, that on December 23, 1985, decedent James M. Graham and others negligently 21 operated and controlled the subject aircraft, causing it to crash while attempting a landing at the Concord Buchanan 22 Airport. Said complaint was served upon claimant, Estate of Graham, on or about July 7, 1986. 23 24 25 26 2 1 6. If, in fact, plaintiffs sustained damages as alleged in their complaint in Action No. 285887, said damages were caused by 2 the primary and active negligence or other fault of the County of Contra Costa. Claimant, therefore, alleges that it is 3 entitled as a matter of law to indemnity from the County of Contra . Costa for any judgment or settlement in favor of the 4 plaintiffs, together with claimant 's attorneys - fees and costs. 5 7. Further, if claimant is liable to plaintiffs, it will be because of the comparative negligence or other fault of the 6 County of Contra Costa. Accordingly, claimant alleges that the County of Contra Costa is required by law to contribute to the 7 amount of any judgment or settlement in favor of the plaintiffs in accordance with the comparative degree and nature of fault in 8 causing said plaintiffs ' damages, if any, and is required to reimburse and indemnify and hold claimant harmless for the amount 9 of any such judgment or settlement which is in excess of claimant 's proportional share thereof, if any, as determined by 10 the comparative degree and nature of the respective fault in causing said plaintiffs ' damages, if any. 11 8. As of the date of the filing of this claim, the extent 12 of the damages and injuries allegedly incurred by the plaintiffs in the above-mentioned action is unknown to claimant, and will be 13 determined in the aforementioned, pending litigation. 14 9. At the present time, the identity of the employee of employees of the County of Contra Costa who caused the creation 15 and continued existence of the aforementioned dangerous conditions, is unknown to claimant. 16 10. At the time of the presentation of this claim, claimant 17 seeks the total amount of potential recovery by plaintiffs in Action No. 285887 (the total amount of which is presently unknown 18 to claimant) and recognition of the duty of the County of Contra Costa to provide a defense to and indemnify claimant for any and 19 all damages, costs, and attorneys fees it may suffer as a result of the complaint brought by the plaintiffs, against claimant, in 20 Superior Court Action Number 285887, filed in the Contra Costa Superior Court. 21 22 DATED: July.2�, 1986 FISHER & URST 23 2By: 4 SCOTT D. RAPHAEL , At y's for Claimant, DOROTHY A. 25 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM, 26 Deceased. 3 I MICHAEL J. SHANE PHILIP T. PRINCE �t 2 REDMOND & SHANE 251 oak Street MAY 5 - 1986 3 San Francisco, CA 94102 (415) 621-3366 J.R. OLSSON, County Clerk CONTRA COSTA COUNTY 4 Attorneys for Plaintiffs, 9y Deputy 5 CARL CAMCAM, SR. , ANNIE CAMCAM, and BEVERLY CAMCAM, a minor , by 6 and through her Guardian ad Litem, CARL CAMCAM SR. 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 CARL CAMCAM, SR. , ANNIE CAMCAM, ) 11 and BEVERLY CAMCAM, a minor, by ) NO. 285587 and through her Guardian ad ) 12 Litem, CARL CAMCAM SR. ) COMPLAINT FOR DAMAGES FOR NEGLIGENCE; PRODUCTS 13 Plaintiffs, ) LIABILITY/STRICT LIABILITY IN TORT; PUNITIVE DAMAGES; 14 vs. ) and LOSS OF CONSORTIUM 15 ESTATE OF JAMES MOUNTAIN j GRAHAM, THE BEECHCRAFT AIRCRAFT ) 16 COMPANY, THE SUN VALLEY SHOPPING ) MALL, R.H. MACY, INC. , GENERAL ) 17 AVIATION SERVICES, THE ROE DOE ) ARCHITECTURE COMPANY, THE DOE DOE ) 18 CIVIL ENGINEERING COMPANY, THE ) TAUBMAN COMPANY, INC. , WELLS ) 19 FARGO BANK, as Trustee of the ) TAUBMAN COMPANY, INC. , THE A ) 20 DOE AIRCRAFT REPAIR SERVICE, ) CITY OF CONCORD, COUNTY OF ) 21 CONTRA COSTA and DOES 1 ) through 500, inclusive. , ) _22 ) Defendants. ) 23 j 24 COMES NOW plaintiffs, and each of them, and for causes of 25 action against defendants, and each of them, alleges as follows: 26 1. That BEVERLY CAMCAM is the minor child of CARL CAMCAM 27 and ANNIE CAMCAM as hereinafter set forth. � t!► M EXHIBIT 1 2. Plaintiff BEVERLY CAMCAM is a minor born on August 9, 2 1969. 3 3. That a petition for guardian ad litem is filed herewith 4 appointing CARL CAMCAM, SR. , as guardian ad litem for BEVERLY 5 CAMCAM. _ 6 4 . Plaintiffs CARL CAMCAM, SR. , ANNIE CAMCAM and BEVERLY 7 CAMCAM were injured on December 23, 1985 at the SUN VALLEY MALL as 6 hereinafter set forth. 9 . 5. Plaintiffs are required to comply with a claims statute 10 as to defendants CITY OF CONCORD and COUNTY OF CONTRA COSTA. 11' Plaintiffs have complied with the applicable claims statute in the 12 following manner : On or about February 18, 1986, plaintiffs and 13 each of them, submitted damage and injury claims to defendant CITY 14 OF CONCORD. On or about February 27, 1986, all of said claims 15 were denied. On or about February 18, 1986, plaintiffs and each 16 of them, , submitted damage and injury claims to defendant COUNTY 17 OF CONTRA COSTA. On or about March 18, 1986, said claims were 18 denied. 19 FIRST CAUSE OF ACTION 20 (For Negligence Against All Defendants) 21 6. That the true names or capacities, whether individual, 72 associate, corporate or otherwise, of defendants DOES 1 through 23 500, inclusive, and each of them, are unknown to plaintiffs, who 24 therefore sue defendants by such fictitious names. Plaintiffs are 25 informed and believe and thereon allege that each of the defen- 26 dants designated herein as a DOE is responsible in some actionable 27 manner for the events and happenings herein referred to, and 28 caused injuries and damages proximately thereby to plaintiffs as -2- 1 hereby alleged. 2 7. At all times herein mentioned each of the defendants 3 named herein, including, without limitation each DOE defendant, 4 was the agent, servant, employee or otherwise acting in concert 5 with each of the remaining defendants and was at all times acting 6 within the purpose and scope of said agency, service and employ- 7 ment, or acting in concert to bring about the damages alleged 8 herein. 9 8. That at all times mentioned herein, defendant CITY OF 10 CONCORD was a municipal corporation duly organized and existing 11 under the laws of the State of California and situated in the 12 County of Contra Costa. Said defendant is being sued herein on 13 the grounds that plaintiffs' injuries were a proximate result of 14 the negligence of the CITY OF CONCORD, its agents and employees, 15 who• while acting within the course and scope of their agency and 16 employment by said governmental entity, permitted, authorized, 17 advised, licensed and consented to the creation, design, construc- 18 tion and continued operation of the Sun Valley Shopping Center 19 under the air corridor of a busy airport, thereby placing large 20 numbers of the public, including plaintiffs herein in a very 21 dangerous position when using said center. _22 9. That at all times herein mentioned, defendants SUN 23 VALLEY MALL and each of them, are located at Number 1, Sun Valley 24 Mall in the City of Concord, State of California. Said defendants 25 are being sued as a result of negligently, carelessly, wantonly 26 and recklessly placing a shopping center that attracts a great 27 number of people on a heavily trafficked air corridor in the 26 vicinity of the BUCHANAN FIELD AIRPORT. -3- 1 10. That at all times mentioned mentioned herein, defendant 2 COUNTY OF CONTRA COSTA was a county duly organized and existing 3 under the laws of the State of California. Said defendant is 4 being sued herein on the grounds that plaintiffs' injuries were a 5 proximate result of the negligence of the COUNTY OF CONTRA COSTA, 6 its agents and employees, who, while acting within the course and 7 scope of their agency and employment by said governmental entity, 8 permitted, authorized, advised, licensed and consented to the 9 creation, design, construction and continued operation of the Sun 10 Valley Shopping Center under the air corridor of a busy airport, 11 thereby placing large numbers of the public, including plaintiffs 12 herein in a very dangerous position when using said center. Fur- 13 they, said agents and employees, while acting within the course 14 and scope of their agency and employment on behalf of said govern- 15 mental entity, negligently owned, operated, employed personnel, 16 maintained, entrusted, repaired and supervised at Buchanan Field, 17 as well as the business and activities of said airport, so as to 18 proximately cause the subject airplane crash and plaintiffs ' in- . 19 juries. 20 11. At all times herein mentioned, the WELLS FARGO BANK, 21 Trustee for the TAUBMAN COMPANY, INC. , and its predecessors in -22 interest, the TAUBMAN COMPANY, INC. , a Michigan corporation, and 23 Does 1 through 20, were corporations or other entities doing busi- 24 ness in the State of California for the purpose of owning, placing, 25 managing and maintaining defendants -- SUN VALLEY MALL AND SHOPPING 26 CENTER. Said defendants are doing business in the State of Cali- 27 fornia and maintain more than minimal contacts. Said defendants 28 are hereby ,. being sued as a result of their negligent, careless, -4- I wanton and reckless behavior of placing and maintaining a shoppin; 2 center in the area of a busy air corridor in the vicinity of the 3 BUCHANAN FIELD AIRPORT. Said defendants knew, or should have 4 known, that during a fog, aircraft would make a missed approach 5 and fly over their mall in a very vulnerable position therefore 6 causing a risk of disaster and destruction. 7 12. R.H. MACY, INC. , and DOES 100 through 300, inclusive, 8 were at all times relevant business entities luring customers into 9 the mall while knowing that their location was dangerous due to 10 the close proximity to BUCHANAN FIELD AIRPORT and knowing the like- 11 lihood of an air crash from panes using BUCHANAN FIELD AIRPORT. 12 13. That at all times herein mentioned, decedent JAMES 13 MOUNTAIN GRAHAM, and defendants GENERAL AVIATION SERVICES, and 14 DOES 21 through 40 and each of them, were the owners and operators 15 of defendants' BEECHCRAFT BARON AIRCRAFT. Said defendants, and 16 each of them, are hereby being sued as a result of negligently, 17 carelessly, recklessly and wantonly operating, maintaining, con- 18 trolling, aviating and navigating said aircraft so as to proxi- 19 mately cause the crash in defendants' shopping mall thereby seri- 20 ously injuring the plaintiffs. 21 14. That at all times mentioned, defendants BEECHCRAFT -22 AIRCRAFT COMPANY and DOES 41 through 60, inclusive, negligently, 23 carelessly, recklessly and wantonly designed, assembled, manufac- 24 tured and distributed said aircraft so that said aircraft could 25 not be properly. controlled by defendant JAMES MOUNTAIN GRAHAM, so 26 as to proximately cause said aircraft to crash into said defen- 27 dants' mall. 28 15. 0p or about December 23, 1985, defendants and decedent, -5- 1 JAMES MOUNTAIN GRAHAM, so negligently, carelessly, wantonly and Z recklessly maintained and controlled and repaired said airacraft 3 so as to proximately cause said aircraft to crash in the mall 4 thereby proximately causing the plaintiffs to suffer severe per- 5 sonal injuries. 6 16. That at all times herein mentioned, GENERAL AVIATION 7 SERVICES, DOE AIRCRAFT REPAIR SERVICE, and DOES 21 through 40, 8 inclusive, . so negligently, carelessly, wantonly and recklessly 9 maintained and repaired said aircraft so as to render said air- 10 craft inoperable proximately causing said aircraft to crash in the 11 shopping mall. 12 17. That at all times herein mentioned, defendants DOE CIVIL 13 ENGINEERING COMPANY and DOE ARCHITECTURAL COMPANY and DOES 61 14 through 80, located said mall and gave advice to locate said mall 15 under the main corridor of air traffic from BUCHANAN FIELD AIR- 16 PORT. As a direct and proximate result of placing large numbers 17 of the public and enticing them to go to a shopping center , large 18 numbers of the public were placed in a very dangerous position. 19 Said placement of said shopping center under the air corridor of a 20 busy airport was negligently, carelessly, wantonly and recklessly 21 promoted by said defendants and each of them. _22 18. As a proximate result of the negligence of defendants 23 and each of them, plaintiffs and each of them, suffered a loss of 24 earnings and earning capacity which has been greatly impaired, both in the past, present and future, in an amount according to 25 26 proof. 27 18. As a further, proximate result of the negligence of 28 defendants ,and each of them, plaintiffs and each of them, have -6- 1 incurred and will continue to incur, medical and related expenses 2 in an amount according to proof . 3 20. As a further proximate result of the negligence of 4 defendants and each of them, plaintiffs and each of them, were 5 hurt and injured in they health, strength, and activity, sustain- 6 ing injury to their nervous systems and person, all of which in- 7 juries have caused and continue to cause, plaintiffs great mental, 8 physical and nervous pain and suffering . Plaintiffs are informed 9 and believe and thereon allege that such injuries will result in 10 some permanent disability to them. As a result of such injuries, 11 plaintiffs and each of them, have suffered general damages in an 12 amount according to proof. 13 SECOND CAUSE OF ACTION 14 (For Products Liability Strict Liability In Tort Against Defendants BF.ECHCRAFT AIRCRAFT COMPANY, and 15 DOES 21 through 61, inclusive) 16 21. Plaintiffs reallege paragraphs 1 through 20 as though 17 fully set forth herein. 18 22. Said aircraft was defectively designed, manufactured and 19 assembled proximately causing said aircraft to crash into said 20 mall. 21 23. That at all times herein mentioned, said defendants ' 22 BEECHCRAFT AIRCRAFT was designed, manufactured and assembled and 23 distributed for the purpose of flying in the air and safely trans- 24 porting persons and property in a safe manner so that said air- 25 craft would not crash as a result of any of its parts or com- 26 ponents. ?7 24. That as a direct and proximate result of the defective 28 manufacture, assembly and design and the distribution of said -7- BEECHCRAFT AIRCRAFT involved in said accident, said aircraft did 1 crash proximately causing severe personal injures to the plain- t tiffs who were pedestrians and shoppers in defendants' mall. 3 4 THIRD CAUSE OF ACTION (For Punitive Damages and Exemplary Damages Against 5 Defendants WELLS FARGO BANK, as Trustee for the TAUBMAN COMPANY, INC. , the TAUBMAN COMPANY, INC. , SUN 6 VALLEY SHOPPING CENTER, SUN VALLEY MALL, and 1 DOES 1 through 20, inclusive) 8 25. Plaintiffs reallege paragraphs 1 through 20 of the First 9 Cause of Action and Paragraphs 22 through 24 of the Second Cause of Action as though fully set forth herein. 10 26. Plaintiffs and each of them, allege a cause of actior. 11 for punitive damages and exemplary damages in the sum of $25,000,000.0,0 12 on facts alleged in this complaint. 13 27. That at all times herein mentioned, BUCHANAN FIELD AIR- 14 PORT is an airport which purchased its land in 1942 and started 15 16 operations in 1946. During heavy fog, when the airport lights cannot be seen, "missed approaches" are common and at such times 11 18 airplane pilots are flying by instruments. The stress level of 19 pilots during such maneuvers of aviating , navigating and communi- cating to the tower is extremely high. THe probability of a crash: 20 of a circling plane during these times are statistically much higher 21 than normal. All property within a one mile radius of an airport .22 is in a foreseeably dangerous position. Defendants and each of 23 them, knew of said danger, but in conscious disregard of the dan- 24 ger that potential customers and users of said mall might undergo, 25 they selected said site for said shopping mall because of the 26 inexpensive land that can be purchased in the vicinity of air- 27 ports. Members of the general public who are not as sophisticated 28 -8- 1 as architects, engineers and shopping center developers would not 2 know of this foreseeable danger and would shop at said mall feel- 3 ing perfectly safe. 4 28. Plaintiffs are informed and believe and thereon allege S that the CITY OF CONCORD, its agents and employees, received actu- 6 al or constructive notice - that an air crash was substantially 7 certain to occur as a result of the aforementioned permission, 8 authorization, advice, licensing and consent to the creation de- g sign, construction and continued operation of the Sun Valley Shop- 10 ping Center, as well as the negligent ownership, operation, 11 employment of personnel, maintenance, entrustment, repair and 12 supervision at Buchanan Field and that said agents and employees 13 failed to undertake any affirmative action reasonably calculated 14 to reduce the likelihood of an air crash within a reasonable time 15 after receiving said notice. 16 29• As a direct and proximate result of said conscious dis- 17 regard of the safety and life of the potential users of the mall, 18 said mall was located in said dangerous location thereby attract- 19 ing thousands of potential shoppers and placing them in a very 20 precarious position. 21 30. Plaintiffs are informed and believe and thereon allege 22 that the COUNTY OF CONTRA COSTA, its agents and employees, re- 23 ceived actual or constructive notice that an air crash was sub- 24 stantially certain to occur as a result of the aforementioned 25 permission, authorization., - advice, licensing and consent to -the 26 creation design, construction and continued operation of the Sun 27 Valley Shopping Center, as well as the negligent ownership, opera- 28 tion, employment of personnel, maintenance, entrustment, repair -9- 1 and supervision at Buchanan Field and that said agents and em- 2 ployees failed to undertake any affirmative action reasonably 3 calculated to reduce the likelihood of an air crash within a 4 reasonable time after receiving said notice. 5 31. As a direct and proximate result of said conscious dis- h regard of the rights and safety of potential shoppers and users of 7 the mall , the plaintiffs were attracted to said mall on a foggy 8 night , thereby placing them in extreme danger of an airplane crash 9which did occur , proximately causing severe personal injuries to 10 the plaintiffs. 11 32 . Defendants knew that by placing said shopping center in 12 a radius within one mile of an airport that a crash was inevitable 13 and that said crash had a high likelihood of occurring on their 14 mall. 15 FOURTH CAUSE OF ACTION 16 (For Loss of Consortium for Plaintiff CARL CAMCAM, SR. Against All Defendants) 17 33 . Plaintiff CARL CAMCAM, SR. incorporates all paragraphs 18 of all previous causes of action as though fully set forth herein. 19 34 . Prior to December 23, 1985, which is the date of the20 j accident which is the subject of this lawsuit, the plaintiffs CARL 21 CAMCAM, SR. and ANNIE CAMCAM were husband and wife and said mar- •22 riage was a loving, affectionate marriage and said plaintiff ANNIE 23 CAMCAM performed all services that were expected of a loving wife. 24 35. Subsequent to the injury, and as a proximate result 25 thereof, plaintiff ANNIE CAMCAM has been unable to perform the 26 necessary duties that are expected of a loving wife, which include 27 the work and services usually performed in the home, maintenance 28 -10- I • • " f P I and management of the family home and will be unable to perform 2 such work, service and duties in the future. 3 36. As a result of said accident, plaintiff CARL CAMCAM, SR. 4 alleges that plaintiff ANNIE CAMCAM is unable and is informed and S believes and thereon alleges that plaintiff ANNIE CAMCAM will 6 continue to be unable, for an unspecified period fo time, to have 7 marital comfort to the detriment of the marriage. 8 37. Plaintiff CARL CAMCAM, SR. has witnessed his wife' s 9 physical and mental suffering . This has caused plaintiff CARL 10 CAMCAM, SR. mental suffering . 11 WHEREFORE, plaintiffs, and each of them, pray for the relief 12 as follows against defendants and each of them, on Causes of 13 Action One, Two and Four: 14 1. For general damages within the jurisdiction of this 15 court; 16 2• For medical expenses, past, present and future ; 17 3. For wage loss, past, present and future; is 4 . For loss of earning capacity; 19 5. For costs of suit; 20 6. For prejudgment interest; and 21 7. For such other and further relief as is just. _22 Plaintiffs, and each of them pray for relief as follows on 23 the Third Cause of Action against said defendants named therein: 24 1. For general damages within the jurisdiction of this 25 court; 26 2. For medical expenses, past, present and future; 27 3. For wage loss, past, present and future; 28 4. For loss of earning capacity; -11- CLAIM r 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 26 , 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: $]]3 .43 given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". CLAIMANT: ZURICH INSURANCE CO. ET AL County Counsel 44 Montgomery Street ATTORNEY: San Francisco, CA 9.4104 AUG U 1*1986 ADDRESS: Date received Wrtine CA 94553 BY DELIVERY TO CLERK ON: July 28 , 1% BY MAIL POSTMARKED: July 23 , 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 31, 1986 BY: Deputy L. Hall II. FROM: County Counsel T0: 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.JC, r 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 (x) This Claim is rejected in full. ( ) Other: I certify AUGht this iissa true and correct copy of the Board's Order entered in its minutes for this date. Dated: AU2 6 %6 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 'served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator 'Zurich-.American Insurance Group San Francisco Branch Office �`��� 44 Montgomery Street 11th floor San Francisco, California 94104 (415)986-4900 Ju ly 17, 1986 BO ARD OF SUPERVISORS County Administration Building 651 Pine Street, Roan 106 Martinez, Calif 94553 R E: WESTERN TRACTION COmmy FILE: 101-87011 D/toss: 5-21-86 Our Driver: Gary Smith YOUR EMIMYEE/DRIVER: Joe mite Vehicle: 1986 Ford Van Gentlanen: Attached please find our filing of this collision damage to our insureds 1986 Ford Ranger. Form has been completed, supporting documents attached for your review and payment. V exy truly yours, ZU RICH INSURANCE CD. G T. S. ALIOM Claims Dept. Zurich Insurance Company/American Guarantee and Liability Insurance Company Zurich American Insurance Company of Illinois Zurich American Life Insurance Company 1 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 ) Reserved for Clerk' s fill g stamps RECEIVED Against the COUNTY OF CONTRA COSTA) ) JULoM986 or DISTRICT) v eat HELoa SU (Fill in name) ) " S A er •� _ The undersigned claimant hereby makes claim agar st the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: ------ - - -- d--------------------------------------------------------- 1. Wh-en--d-id-the amage or injury occur? (Give exact date and hour) May 21, 1986 9:12 PM -------------------------------------�----------------------------------- 2. Where did the damage or injury occur. (Include city and county) WN RA CO. MUNMMICE YARD in MARTINEZ, CALIF ------------------------------------------------------------------------ d 3. How did the amage or injury occur? (Give full details, use extra sheets if required) Your driver backed into our insureds stopped vehicle (our car parked) -------------------------- ----------------------------=---------------- 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? Employee driver didn't look behind him while backing up (over) Y. 1 , Y 5.. What are the names of county or district officers, servants or : c .. I employees causing the damage -or injury? JOE MiITE, 249 Thomas Way, Pittsburg, Calif ------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) front end damage to 1986 Ford Ranger License: 2T88120 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Damage to vehicle $773.43 ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. N one ------------------------------------------------------------------------- 9. List ..the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 6-16-86 Repair estimate (TOTAL REPAIRS $773.43; less $500.00 deductible = $273.43 our payment) ************************************************************************** Govt. Code Sec. 910. 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " ZURICH INSURANCE CO. Name and Address of Attorney BY: Z. Claimant' s Signature 44 Montmvery Street Address San Francisco, Calif 94104 Telephone No. Telephone No 415-986-4900 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. ! 11! ZURICH AMERICAN INSURANCE GROUP NATURE OF PAYMENT � 231 NORTH MARTINGALE RD.,SCHAUMBURG, ILLINOIS 60196 No. 3'J V CLAIM NO.—SUB NO. DATE ISSUED ISSUING OFFICE /41Y A14D ALL CLAIMS DESCRIBED HEREIN 2.3 101-87011=1 6-16-86 COLLISION .7171-0 POLICY NO. DATE OF ACCIDENT OR LOSS AAJDA- DISABILITY VOil; IF NOT PR S=.I! FDtS'!T!i11;.iAC1 O?'rte Cir isSUANC 31 31 105 5-21-86 PAY D 0 Insured a TWO 7-1I `:: •L WESTEPN TRACTION CC14PANY THROUGH CONTINENTAL ILLINOIS NATIONAL LINES AMOUNT CODE 1. BANK&TRUST CO.OF CHICAGO Y�. A CLMT $273.4S3 1 SS AUTO 66 suRm 66 lURG. 55 f%CESS 74 R.O. A s x I.A. TO THE ORDER OF: (TAX ID 2 55 M.r. 50 cis. 63 DIR. 71 FIRE X I M FPO 3 SS UTA° S�M06E 61 u.a o. 56suBRO 72 cov. GRP r ��� TRACTION F�(��E►�F�/ I 1ALL 55/BG O AUIU51 LIA.n 64 LREGR 56 NF FB 73 L;NEE 14 GRP. WESTERN RACTI ON COMPANY •11 5 AUTO 51 A" 65 FIBLY. 57 C RRPR 76 OOARE 14 GRP. F.O. 59LOla 520/.O.LIA 59 NIRC. 55 MFO —175cOMM. Wil A0T0 PLATE CIRC. 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D 1 < m m y v � a p A 41 3' Oo ria& la4l eeaaa Sem � . . —/ '', e',e �0 OH-Overhaul S-Straighten A-Align 1-2-New R-Repair c Ur (nlvs 4y per• �Q.� '� li�,.Vi�W • VVV rr�as ♦rt$ -AWEST 37TH AVE.,RM 17 PHONE:14151573-9414 rl stev�` Bumper SAN MATEO,CALIFORNIA 94403 Arm'; DATE: Ll APPRAISED FOR �'�^�,�L1r^. -5. r- POL. # / 1 ' _, i I Lower Panel ! Floor /fit �F!tr:.tt/L YEAR MAKE BODY STYLE MODEL V MILEAGE LICENSEInner Quarter R. Duler APPRAISER ��?!/'Y . /rte _ :> IC: jFrt�l rC Ju Fi, Power Brekes actory (� Under Dash Vinyl Elec.Seats ❑ Inner Steer in Power Air Cond. YJ Air Cond. ❑ Radio Roof ❑ Stereo ❑ Windows ❑ Quarter L. Transmission 3 Speed ❑ 4 Speed ❑ Floor (� Quarter Ext. Automatic Standard Standard Shift ❑ MOTOR:8 cyl. ❑ 1 6 cyl. ❑ Wheelhouse eNT a Moulding .i- Bumper U.'7 f;' Headlamp Arms Lamp Door Guard S.Beam Housing Trunk Lid Ring Shield Tail Light Park lam Tail Pipe Grill d l/�' Hood Gas Tank Panel,1}iLr c /5 5' Mould Emb.Mldg. Lock Door ExtensionHinge Glass T Extn.Mldg. Ornament Handle Moulding Fender Right Roof Extn. Radiator Moulding Center Pillar Support Baffle Name Plate Door Shroud - Skirt Glass T Antenna Fan Blade Moulding Clutch Water Pump Fender Left 3C " Extn. Coolant Moulding Seat TManual Track Eetric Air Cond ' Name Plate- Condenser Skirt Rocker Panel Recharge Mould. Side Cowl` / ��L.Jt° a°� /3 L> Windshield Paint'ng&mtl?br f7 Under Coat Battery Frame GROSS TOTAL1.. :- Horn LABOR /J. Lo HRS. @ Front System PARTS A 7 Control Arm LESS % $ $ zbs I~ Black Tire White NET r/ $ /0 v Steering Wheel TAX(j _%o I.a= $ 2� Hub Cap Disc. •• r— Wheel' Motor Support TOWING $ -� Shift Linkage e $ /73 Trt. .'.rlr;.. , 'eS' fvi ,:e Ee::._ �..• . At.!holized By 0�vnt;,. DEDUCTIBLE $ 771 �U 7;1 7»7 Phone mf.64 19iL ti, A j:/t�, SUGGESTED DEP'R'N $ H!S {J N', i �.N POREp:'Ai" REPcrT Ofc �-.`_'fir•r l:��' : 't C'. `OPVRIGHT 1972 BY AUTO INSPECTION SERVICE __ �• - ' - DRIVER'S REPORT Zurich-American Insurance Companies Claim No. L701 DRIVER'S NAME—ADDRESS ` PHONE NO. AG€ 67, ��m�J� 1l�5-7 PCc}cln 41c 1-.��C',�I.,� 'cD, Ccs yN9 y��7 3 OWNER'S NAME—ADDRS PHONE N0. ESCAR BEING USED WITH OWNER'S CONSENT v0c;s54tssn (. ; ,o,� 1333 A�� 14C 5•t un i"-<-1 i i�o7- 3100 L�YEs ❑No 4 DRIVER'S EMPLOYER—ADDRESS t , PHONE NO. Wc.:54t.,r ,n ` mcj iA'1 1333 A-; a ic-S+ . 011!L n C� u I+4 4S7- 3100 YEAR—MAKE OF YOUR CAR LICENSE PLATE NO. PURPOSE OF RIP—Personal Business,Employer's Business,etc. A(z C 1-ora (&vl cx '2 S 120 Fm l ess 13Lk.5,th ' DATE OF ACCIDENT TIME ^7 LOCATION=S BEETS,CITY,STATE amZ-pm TRAFFIC CONTROLS-STOP SIGN,TRAFFIC LIGHT,ETC.I DESCRIBE CONDITIONS TRAFFIC: ,l e WEATHER: a,lE+�gC VISIBILITY: TYPE OF COLLISION ❑ HEAD ON ❑ANGLE ❑REAR END ❑SIDESWIPE BOTHER-Fxplaln SPEED,DIRECTION AND STREET YOU WERE TRAVELLING TG7� 04C�C� Crl �t1� 51 O� c2 bu��Ui1V�_ SPEED, IRECTION AfjD STREET OTHER C WAS TRAVELLING �J �ark � Jay. bu rn-� vino „-ICF+ -'\n 6HEN ipu r, i l4vTi"C ED aT? par W in �c�4 o� My 4r Lk WHAT WAS YOUR FIRST INDICATION THAT AN ACCIDENT MIGHT OCCUR? WHAT DID YOU DO TO,TRY TO AVOID THE ACCIDEN� &•,o r back ;.14-c) my ck a q�l�, ,if f� -/bs-�v4 14 a)id hacl� K1o. �41so dC �c,ki�cp Pry horn 1 WHAT DID OTHER DRIVER DO TO TRY TO:.VOID THE ACCIDENT? 6' T Arp/j 1s wkla3 0 SPEED OF YOUR CAR JUST PRIOR TO IMPACT SPEED OF OTHER CAR JUST PRIOR TO IMPACT 0 MR,,N . 14 . LENGTH OF SKIDMARKS FROM YOUR CAR OTHER CAR POINT OF IMP CT ON YOUR CAR OTHER CAR o N � -Omr, t�rncc Rl + rn,Aj k-, "^fjec DID POLICE INVESTIGATE? INDICATE ARRESTS,TICKETS,ETC. C - No INDICA,;5� NY ACjIONS ON Y q P, WHI17 G/1�ED Oi`Rn CONTRIBUTED TO THE ACCIDENT INWITE ANY ACT�Of4SBY OTHER DRIVER WHICH CAUSED OR CONTRIBUTED TO THE ACCIDENT , � d)411V ook h W hiren 'A/6,6 ,`.s- was �Q ►n u N ME—ADDRESS OF OWNER OF OTHER CAR(OR PROPERTY)�l PHME N nfm au�+ vF. ►' P�?- Jyct� ',r; 39 - 43q 2 NAME-ADDRESS OF,OTHER DRIVER \ PHONE NO. ice, \4bric 244 Thomos Way PI+4sk Cq w27- 7377 YEAR AND MAKE�,O•F OTHER CAR DESCRIPTION OF DAMAGE NAME OF INSURANCE COMPANY I q l 0G —v.� NAMES-ADDRESS OF WITNESSES PHONE NO. . R PASS4PIGERS-YOUR CAR- PASSENGERS-OTHER CAR NAME ADDRESS PHONE NO. NAME ADDRESS PHONE NO. /UC n 0�0 ti J� WAS ANYONE INJURED? O YES NO. IF YES,LIST: NAME-ADDRESS NATURE OF!t!jUFiY PHONE NO. DID YOU MAKE ANY STATEMENTS TO THE OTHER OTHER DRIVER(OR ANYONE ELSE)AT THE ACCIDENT SCENE?IF SO,WHAT DID YOU SAY. /�/D' DID THE OTHER DRIVER MAKE ANY STATEMENTS?IF SO,WHAT WERE THEY? Ne- ..saqe CtI n4 vie,,.: i►mirro�S 1o01rPc31 ►M)e -�VQ Ck WERE THERE ANY O HER CONTRIBUTING FACT . S-Le.CON� O{J OF VEHICLES, AD,VISUAL OBSTRUCT�NS,ETC. &Oi+ Jk �` ���� eC �a CL 1`ton� ss Q Vjhttc4A )%Pki70 ne q 0`15 J DESCRIBE THE ACCIDENT IN DETAIL.WHO DO YOU BELIEVE TO BE AT FAULT?WHY?INCLUDE A DIAGRAM. No M� vAvv � �� ©-� pa's O} .�'1y t�.tC,� �t� O'�'� A6,) �M �Iarlce qrll ol-la 7�c,�fe� Ind +)"' torx+ Ov way � � Th•e. o•�tiec d�i�;r . C,he& fir, back«g Uri X ✓ M SIGNATURE OF DRIVER DATE CI.10122-A °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 Augu s t 26 , 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: $75 . 00 given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". COunty COUnsM CLAIMANT: KEVIN JAMES KARBER 1398 Licher Court AVS 1986 ATTORNEY: Concord, CA 94521 Martinez, CA 84, 53 ADDRESS: Date received BY DELIVERY TO CLERK ON: July-28 , 1986 BY MAIL POSTMARKED: July 22, 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 31, 1986 BY: Deputy L. Kali II. 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: 40 Dated: By: YL,r 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 (x) This Claim is rejected in full. ( ) Other: I certify that this is ac Dated: true and correct copy of the Board's Order entered in its minutes for this date. AUGs 19e6 PHIL BATCHELOR, Clerk, By • �XZe� 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 CON*Q?gWappiication to: -Instructions to Claimant0erk of the Board .O.Box 911 Martinez,Califomia94553 A. Claims relating to causes 'of action for death or for injury to person or to personal property or growing crops must be presented ) not later than the 100th day after the accrual of the cause of action. 'Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty Por fraudulent claims, Penal Code Sec. 72 at end o this form. RE: Claim by )Reserved for Clerk's filing stamps Cu4SL, � RECEIVED Against the COUNTY OF CONTRA COSTA) 19$6 . I;t--/ ) Ju Lazj or IMc,,„u .'1(.1, 04 }Lnk;ov\ f_"-,Gk DISTRICT) a I(Fill n name) ao'K T P .. .... . .............. The undersigned claimant hereby makes claim a . o Contra Costa or the above-named District in the sum of $ owe lu C 5 and in support of this claim represents as follows: When did the damage or In3uzy occur? (Give exact date andiourj C_a.-� C ��Cg,� � 1 Where aro Etre dama a or in3ury o_ccur? (Include city d anc� county t 1nJ __�� _g _�ms`s_� _C�`�o�,�. S o V"1a�Stn C��ee�cC c1 ��t an�t :o.n 3. How did the damage or in3ury occur? (Give-tulI-details;-use-extra -- sheets if required) CtC>k eS 4.' What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? JC>At (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? 6. What damage ornJuries do you claim resin ted? �Gve dull:extent of injuries of damages claimed, . Attach two estimates for auto damage) ----- 7. = ------- - - --- ---------- ---- How- wa- -the amount claimedibove compute- ncudt-h -e-stm- e -- amount of any prospective injury or damage. ) ca, P) a, 4 v5 &e Alb0C*6 ' \J AAe-f Kicaf I�61c� ----------------------�------ _----_- ------_-�--_-r-r--rr rrr-r-- 8. Names and addresses of witnesses, doctors and hospitals. �. List the expenditures" you made on account of this accident or injury: DATE ITEM AMOUNT Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and 'Address of Attorney 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." /-/6 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 26 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: $1 , 000, 000. 00 given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". CLAIMANT: CHARLENE VIGIL c/o Samuel J. Freeman, Jr. ATTORNEY: Andersen and Bonnifield P.O. Box 5926 ADDRESS: Concord, CA 94524 Date received BY DELIVERY TO CLERK ON: July 23., 1986 hand del . 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 31 , 1986 BY: Deputy L. Hall II. FcOM: County Counsel TO: Clerk of the Board of Supervisors F ) 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 l` 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 (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 2 6 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 served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: .Claimant County Counsel County Administrator . TO • BOARD OF SUPERVISORS OF CONTRA CO§FA f .�: JXa,.plication to: Instructions to Clair: itC!erk of the Board .O. Box 911 Martinez,Californla 94553 . A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2,. Govt. Code) B. Claims must' be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end o this form. RE: Claim by ) Rene d f r ]lark' s filing stamps CHARLENE VIGIL ) i RECEIVED .J.. Against the COUNTY OF CONTRA COSTA) JULj �9C5 CONTRA COSTA COUNTY ) I or TRANSI DISTRICT) PHIL is EIon (Fill in name ) "c A OST D OF SU A�iSpgs By . The undersigned claimant hereby makes claim agailnst the Coun y .of Contra Costa or the above-named District in the sum of $ 100, 000.00 and in support of this claim represents as follows : - 1. When did the damage or injury occur? (Give exact date and hour) 4/14/86 at 7 : 35 a.m. -----------T----------- - ---------------------------------- --- - 2. h'here did the damage o-r.�injury occur? (Include city and county) Alberta Way and Lightwood Drive, Concord, Contra Costa County, California. _ ------------------------------------------- 3: How did the damage or injury occur? (Give full details-, use extra sheets if required) County Transit District bus being driven by Louis J. Augustine during scope of employment, driving at a speed unsafe for conditions, struck a vehicle from the rear forcing said vehicle 'head on into claimant ' s vehicle - (See attached police report) . --------------------------------7--------------------------------------- 4. What particular act or omission on the part of county or district officers', servants or employees caused the injury or damage? Negligent operation of motor vehicle - speed unsafe for conditions following too close (See attached police report) . (over) '5. "What are the names -f county• or district officers, servants or employees causing .. .e damage or injury? Louis J. Augustine - others currently unknown. ---------------------z-----------------r------------- --------------- 6. Hhat damage or injuries do you claim resulted? JaNe full extent of injuries or damages claimed. Attach two estimates for auto damage) Personal property damage to claimant 's vehicle - estimates not currently available , but believed to approximate $7, 500.00 in damage - Bodily injury �to claimant and her unborn child. -----------=----------------------------------------------------:-------- 7. How was the amount claimed above computed? {Include the estimated amount of any prospective injury or damage. ) Approximated. ------------------------------------------------------------------------- B. Names and addresses of witnesses, doctors and hospitals. (See attached police report for witnesses) . John Muir Hospital , 1601 Ygnacio Valley Rd. , Walnut Creek, CA 94598 Dr. J. Thomas Pinnicard (OB) Edwin Renner, M.D. , 2550 Park Avenue, Concord, CA 94520 Hermann Kelber Physical Therapy, 2600 Park Ave. , Ste. 204, Concord, CA 94520 -----------------e-------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Unknown at present Govt. Code Sec. 910.2 provides: "The claim signed by the laimant SEND NOTICES TO: (Attorney) or some es on hi beha f. " Name and Address of Attorney SAMUEL J. FREEMAN, JR. Clal a t s Signa ure ANDERSEN AND BONNIFIELD P. O. Box 5926 Address Concord, CA 94524 Telephone No. (415) 825-5100 Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with intent t-6 defraud, presents for allowance or for payment to any state board or officer, . or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher or writing, is guilty of a felony. " • �- "6R [[ s CONCORD Pbll�l' D�tRTMt�NT - • •��'f' 1 - TRAFFIC COLLISION REPORT 111TH' ( /Aac OR$G ,i', •1 :LA IP ICATIOH O1777 P.-)1 0 A7c AND -rime RE►OR7cU COUNTY — Twp — , 'Q-I4-SCo �? Contra Costa •IC GIAL VSNICLEI TYPE OF ACCIDENT NO. VEHICLE12Z571 DAY WK OATS AND TIM[ OCCURRSD ..CIC NO. OP,ICI.R CIT♦ POLICE OL". l w0'Iw/ MO.PATL P M • ALL INV OLvfiD /1 ./••/ I �� f 0704 I L IIM+wo D w w IL w w I ■ OALL, 3 uT` iLVjl(�"J OCCURRED ON: PRIMARY STREET *PC ED INJURY,FATAL OR TO_ W AWAYI•TAT[ HIGHWAY RE<A T• . LIMIT _ .� _ V-res 0 NO 1 0-was -6 ,40. J ?�T INTERSECTION WITH ���\i�•l[CONDARY fTR[cT JID�OR: FI'CT/MILLS N • E W OP L' �HT Wooc> JED •DRNR NAM& (LAST, �INST, MIDDLE (CITE OWNFw S NAME �gAME AS OAIV[h I'Es '"ONE C 1hl t \• •i pN I .A i VIOL PEO RES. A3DRi/• as. PHONE OWNER's ADDRESS SAM[ At DRIVER OU••PHONE P 19CtG W. CAQ s� ! 2 1 i L� ;STca l�8 i-3Sa:, ),A w� _ c�- � s:��->� 52�_._ A:KO C1� •TATE-BUS. PHONE DINEC TION ON/t'• l.. STREET OF. H16•4WAY VEN OF TRAVEL I R A H3 V l ( 1(—, T SLK[ DAlva" ,' IVER NSLICE i fTATi AEG YIRTMDATE 6% RACE HAIR EYES HEIGHT WEIGHT Y MD. DAY Yw. 1 4 R � :��IRI�_ _ CA 3 30T D �� t,J tP _ 5�� 1 12 r 1 ;OTM It VE•• YgIST IMAK�Sj/Mc:PE L\6 COLOR ) ILICENbC NO.(B) ST AEI j IE�.OAM AOE FLOC^TION •5l.�l(. . . . . . . . . v.`-� . . . I . . . . . . . . �� 777 ?�' `� c/ �- i OI•ro•1T1O (o+w.~.Aww.o,Torcl I(I 6�t�S DANA NAME (LAST. VIRST. MIDOLt jCITE OWNER'S NAME C3 SAM& AS DRIVER IRE•• PMONC ;i.•i, j__ �1Sr� i„IOL- 17L M 0-1A ~PED ARES. AriDRESS RES. PHONE OWNER'S ADD ESS •DUE. PHL,NL w 'SAME A•DRIVER A rPKO CITY ST TE BUS.►HONE DIRECTION I ON/Trii+aEc. STRi CT OR HIGHWAY ViN -I t OF TRAVEL R ! 3 I, �. C ' L W iJ� 12' 1_ •...r RIKi C fId•.4 a LIC I•Iy4 JITATE AGE IDIRTMOATC x RACE INAIR CVE5 nLl I.4T II•MT v : I � -1CA d � .,"1% C 1K Intim ; I ,.. 2 SNRI VEH,YR • IMA�f I j M OD CL f COOLOORR •1�1LSCEN26 NO.101 STATE • VEN. OAMAGE LOCATION ({�1�'�• 7 2 A 1`MOD Sm • • • • • . • . • • • • . . • . . • . • • • • • /V• •�• ] �J --•. fOT 1 {`Vtb ' •. .I .. Tw i/ •'D ITION 10+IYAN,IA+w I'✓ T.: i1 AAA �OMNR NA ► LAST. FIDDLE CITE OWNER s NAME AMC A•DRIVER• REE' ►H ONS I M I r.. . Ap-t�t ?AC DIOL. PCD RLS. AO DIIC•JS RES.PHONL OWNER mss ADDRESS M[ As DRIVER Dug.PHONE tp 'A FKa Y STAT[ DU•. FHONH DIRECTION ON S VEN 11 '',, MM(�� /` Q4C ( OF TRAVEL /f.Ia O STRCCT OR NIGMWAY IR 3 1�J�- ..t.J C� 1 \.+-21 1G� N w /"� - r A W T BIKE DRIVER S LICENSE STATE AGE JOI.T...T. .1 RACE IMAIM J�zsp,� lfq4slr.04T WctGNT. Y , -0* D• Yw •4 IC z2-� �" �L} o- tt :aro:( { . F' f,,� 2S -C 13p a OTNR Vif-4 R�• MAKE • �M.O D4E 1L,• COLORjej LICEtis NO. •� q PTATCJSJ VEN. DAMAGE LOCATION ••. . . . . . . . . . . . . . . . . . . . . . . . ���• `. . )!. . r- a-Moa .� wI TOY • ( DI /0•ITION (OMIvaK.PAw R•o = • -[fit A 9�-!^!R I NAM[ LAST•FIRST.MIOOL[ CITE OWNER'S NAMC• 0 SAME AS ORIVCR I REE.PHONE I T V10 - lp 1 I PCD RCS. ADOwass Ras.PHONE OWNCR'S ADDRESS +. 0{AMC AS DRIVER •IIS•PHONIC 2 Ir IA PKO CITY STAT[ DUs.►NONE DIRECTION ON/ACROSS STREET OR NIGNINAY R VCN OFTRAVCL T 3 N DIRK DRIVER •LIC[N{E STATE ji� I%THOATK BUX RAC[ HAIR [YCs HCIOMT MCIaNT In OAT YR. 4 OTNR VCN.VR s MAKE •'/MODEL f COLOR s• LICENSE No.(sj OT&Tc(al VCM. OAMAGE LOCATION- 1 r-MIN a•___ _� • • •i • • . • • • • . • • • . • • • . • • : • . • • . • • . • • • • • • • • • . . . • . • • . • • • . • • • • a•MAJ A TOT DISPOSITION(DM/V•w.IAMRMD.TOW' TING OFFICER PEAT JDATC AND TIME REPORT WRITTEN 18UP&R:=APP9 4-14- ro «00 • CONCORD POLICE DFPARTMFNT GE' ROAD DESCRIPTION CR '� IMARY OLLISION FACTOR RIOHT OF WAY CONTROL I a >! 1 TYPE OF VEHICLE 1 j j j MOV[M ING I ND: (o) 0P PARTY AT FAULT) COLLLL,ISboom A VC { TIOfv V,(OLA710N: A CONTROLS FUNCTIONING A ►A//[N6►R CAR ,eN• A STOPPED V C 35 C II IIEN�7ATION WAGON B CONTROL!NOT FUNCTIONING B PAf11KNO[R CAR WITH V B PROCEEDING RTRAIONT B OTHER IMPROPER DRIVING• TRAILER 7� C OTHER THAN DRIVER C CONTROLS Or{CURED C MOTORCYCLEISCOOTEII C RAN OFF ROAD d UNKNOWN* D NO CONTROLS PR[S[NT D PICKUP OR PANEL TRUCK O MAKING MIC64T TURN PICKUP OR PANEL TRUCK WEATHER TYPE OF COLLISION E WITH TRAILER E MAKING LEFT TURN ,MARK I TO t tT[MS TRUCK OR � A H[AD•6N F TRUCK TRACTOR F MAKING U-TURN A dLEAR TRUCK OR TRUCK TRAC• B SID[SWI►[ G G BACKING IB CLOUDY � TOR WITH 7RAILER S C REAR SND H SCHOOL BUD' H SLOWING-[TOPPING IC RAINING D BROADSIDE X 1 OTHER BUS 1 PA[DINO OTHER VEHICLE O SNOWING E NIT OBJECT J EMERGENCY VEHICLE J CHANGING LANES E Foo F OVERTURNED K HWY CONST.[OUIPMSNT K PARKING MANEUVER F W1N0 THBR: G AUTOJPEDESTRIAN L BICYCLE [NTE R INGTRAFPIC PROW SH OU LO[R, M[OIANx ' H OTHER: M OTHER VEHICLE L PARKING STRIP OR PRIVATE DRIVE LIGHTING N PEDESTRIAN M OTHUR UNSAFE TURNING MOTOR VEHICLE INVOLVED WITH IA DAYLIGHT CR.,S170 INTO " IA NON—COLLISION O MOPED N OPPOSING LANE B DUSK -DAWN OTHER ASSOCIATED 8 PEDESTRIAN 1 2 1 I ACTOR O PARKED C DARK•STREET LIGHTS MARK i TO 1 ITEM/ C OTHR ER MOTOR VEHICLE A VC SECTION VIOLATION: P MERGING D DARK •NO STREET LIGHT! X O ' MOTOVEHICLE OR Q TRAVELING WRONG WAY• •I E 4ARK fTR/ET L1r HTl NOT D OTHER ROADWAY B VC SECTION VIOLATION: c. •-i < FUNCTIONIN(— f' R OTHER: - ROADWAYSVRFACE IE PARKED MOTOR VEHICLE '•x G VC SECTION VIOLATION: A DRY F TRAINtA/C Y SOBRIETY.DRUG. j 1 f f [ PHYSIOAL G BICYCLE .j w D VC SECTION VIOLATION: MARK 1 TO Z ITEM/ B WET : IA HAD NOT BEIIN ORINKINt H ANIMAL: C SNOWY ICY E VISION OBSCUR[MSNTS: B NBD UNDIR Imo'=LUENC d SLIP►ERY 1 ED OBJ C C UNDER IR1u0av,Olt r,CTC.) F INATTENTION INFLUENCE ROADWAY CONDITI D UNKNOWN*IRMCNT MARK / TO !tTEMYHS J OTN[R OBJECT: G STOP 6 60 TR APFIC E UNDER DRUG INFLU[NC A HOLES.DEEP RUT!• H ENTERING/LEAVING RAMP I PEDESTRIAN'S ACTION 2 F IMPAIRMENT•PHYSICA LOOSE MATERIAL 1 PREVIOUS COLLISION B ON ROAOWAY• A NO PEDESTRIAN INVOLVED G IMPAIRMENT NOT Ithot C OBSTRUCTION ON ROADWAY B CROSSING IN CROSSWALK J UNFAMILIAR WITH ROAD N NOT AP►LICABL[ AT INTERSECTION DEFT CTIVE VEHICLE D CONSTRUCTION-RE►AIR ZONE CROSSING IN CROSSWALK K EQUIPMENTIVE ( SLEE►Y/r ATJGUEO C NOT AT INTER/[CTION E REDUCED ROADWAY WIDTH CROSSING-NE OT IN L UNINVOLVED VHICLE j 2 SPECIAL INFORMATIC D'CR8 0SWALK M OTHER: JJ F FLOODED* E IN ROAD •INCLUDES �� / A HAZAROOVS MATERIA Co OTHER: S/+OULCER `, v B FIRC INVOLVED* ' - F•NOY IN ROAD Y N NON APPARENT X C TIRE OEFECTIFAILUR N NO UNUSUAL CONDITIONS G APPROACHING LEAVING O RUNAWAY VEHICLE SCHOOL mus WN i NAME LAST,►IRlT.MIDOLa SKETCH NOM[PHONE �, ,. • BTS.►NOMi, 1 I INDICATE ' ADDRESS • NORTH • .2 P ' • R C CITY STATE O M r P E A DESCRIPTION OF DAMAGE R G T E • NOTIPISO . O,Y[/ [3 No TINO OPPICER B[AT DAYS AND TIME REPORT WRITTEN SU►[RVISOR APPROVING �A �n� ..n,.N 0 Ag 14 -x , 73D a _ :Ai..�;iv cr•...r srraa�:{.►�: :}n!1��:.• t!r':: �,....,-,r. �: !•�• r �. ...; , rIt !1We§NMWNNMWM ammimll -; �eoaa.• �,z��✓ .�, �� Cy��oca �� 9-672 ►9y,;-t7�a►b , OaaCRIIf Imlu Rlas L✓• MAMA _. _ TAKam TO INJYR&O ONLYJ IRTMOATE LC/7l4 .ADORKff - CITYAKS PMONS sur PHONE •7 4AS T Lp 94CV04 C0tJcoz o J(v 77- 72-5 n&atasaaa�a�I/Iltsf n 1 01 01 ol D I C r NAME/� TAKEN TO JINJURILD ONLY SIRTMDATE ^Dawes$ CITYR&a ►MONK mug►Noma (072/FSU D&SCR166 INJURIES 101 0101 1 a ••- FA -TO IMJu ltO Oa A ■IRTNOAT&. >N,;�,-2.� .moi<�1is;1'�"�:X�`5.��•�' • e•�rr a0oacfs a I Due nsomm y73G ✓�G9 f7R/�1 A K '- .rtir�iw[ �'�'y;� � >a +� ;�A��..-�. rt r_no"k"';-J�. �'.. t„•,,,y j�,7y,t p�e„!i. nt-•i�•�� '. . . � ����sa.•`.':� ��'^•"^�,y[����a- ti��M1', � �� � .�,d ��:> �-: , "Cs ee" j,..._ Iay��•{Tj n'vr .- :. � ,,� ..�{.-:.?'.:'-r'•+�,r�+�✓'7 �dn7ty,�-+E-�f'•[�1/i►JS%- r ` .���t , r-r t1, 10 An r: - •.4:._•.a�F�!":: .......a: - 41 AOORafS - CSTT am&SYSOWL .. 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ICR a�l S/C� i / ✓tom A 7V s /C-Tlc3rJ J /0- / IA4 S iA4- .4 So InI011 , ��-d-�-- T.��� �I!_S'c� Qi,D it/4T j��;�/ �r7t �L-kS� .,?✓ 07-- Lr� s 7-0 �JT�L � �U�r1o/✓ o� �G�C' Sc`ZT7v�s .•7�35� �� r`- RlPORT{N6 •/{C(R j1 SCAT OATR AND TIME IMPORT WRITT<N /Y�RRVI�OR APPROVING TYPIST DATE AND T{M< R<►ORT TYPE 7y'l. ✓ �i� �� 1I d t APPLICATION TO- FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA MUM, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT August 26, 1986 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) . notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: HENRY BENTON County Counsel c/o Sheri L. Jurnecka JUL 2 8 1986 Attorney: Sterns , Walker & Grell 2$0 Utah Street Martinez, CA 94553 Address: San Francisco, CA 94103 Amount: $1, 000, 000. 00 + By delivery to Clerk on July 24, 1986 Date Received: July 24, 1986 By mail, postmarked on July 22 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: July 25 , 1986PHIL BATCHELOR, Clerk, By 1;� ✓CG�� PePutY L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (/Q The Board should deny this Application to File Late Claim (Section 11.6). DATED"-j WESTMAN, County Counsel, By r . �'ty III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (X ) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE; AUG 2 61986 PHIL BATCHELOR, Clerk, By VDeputy WARNING (Gov. Code 3911.8) If you Wish to file a oourt action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed With the court Within six (6) months from the date your application for leave to present a late claim Was denied. You may seek the advise of any attorney of your choice in oxonnection With this matter. If you Want to consult an attorney, u should do so immediately, IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County A nistrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: AUG 2 6 1986 PHIL BATCHELOR, Clerk, ByDeputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM I 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code §911 . 4) EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) JEFFREY MARTIN, DANIEL JAMES ) 18 MARTIN, HENRY BENTON, JOHN G. ) -I"C.El 19 MACPHERSON, JOE ESTRADA, JOSEPH CORONE and BETTY LOU 20 CORONE, Cc�gKce�+li,,et'F�1CHElon 21 against j BY 22 CONTRA COSTA COUNTY and ) 23 CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1 . Application is hereby made for leave to present 30 these late claims under Section 911 . 4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 Presented within the 100-day period provided by Section 911 . 2 35 of the Government Code. For additional circumstances relating 36 Law Offices Of Stems,Smith, Walker 6 Grell —1- 280 Utah Street an Francisco,CA 94103 1 to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants ' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY. FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims . 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with §§912, 4-913 of the Government 18 Code. 19 20 DATED: July gg,- 1986 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 25 By SHE L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Law offices Of Stems,Smith, Walker&Grell —2- 280 Utah Street ,an Francisco,CA 94103 EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Benton v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA. 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Henry Benton c/o Bay Tire Salvage Co. 21 Parr Blvd. Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986, at 21 Parr Boulevard, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. Jurnecka Attorney for Claimant 3510-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Benton v. Contra Costa County THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for. businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but -not - limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF ' Government Code, Section 910, et seq. re: Benton v. Contra Costa County subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional .distress and other personal injuries sustained while escaping from the . floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant' s family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys ' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the said entity to build, repair and . maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandclm.rpt 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) (Govt. Code §911 . 4) JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) 22 against ) 23 j CONTRA COSTA COUNTY and ) 24 CONTRA COSTA .COUNTY FLOOD ) 25 CONTROL DISTRICT j 26 27 I, Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to. clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Law offices or Stems,Smith, Walker&Grell 280 Utah Street _ ian Francisco,CA 94103 EXHIBIT B 1 address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into 7 the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims. Unfortunately, 17 the amendment and the notice of the Board' s action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14, 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July, 1986, at San Francisco, California. 30 31 32 33 Sherf L. Jurnecka 34 35 36 071886/1602BS-1 Law Offices Of Sterns,Smith, Walker&Grell —2- 280 Utah Street in Francisco.CA 94103 PROOF OF SERVICE BY MAIL - CCP 1O13A, 2015.5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My- business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true .copy thereof enclosed in a sealed envelope with .postage thereon fully prepaid, in' the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne LaRue- Single possls.wpf '7 r APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA and as Governing Board of the Contra Costa County Flood BOARD ACTION Application File Late Claim o)servation District CE TD APPLICANTg Au ust 26 , 1986 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: THOMAS JORDANyy,6 y� 'zau��►6W c/o Sheri L. Jurnecka Attorney: Sterns , Walker & Grell 1nr 280 Utah Street Address: San Francisco, CA 94103 Jesunoo Ajunoo Amounts $1, 000, 000. 00 + By delivery to Clerk on July 24, 1986 Date Received: July 24, 1986 By mail, postmarked on July 22 , 1986 I. FROM: Clerk of the Board of Supervisors 70: founty.Counsel ; Attached is a copy of the above noted Application t File Late Claim. DATED: July 28 , 1986 PHIL BATCHELOR, Clerk, By Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (X) The Board should deny this Application to File Late Claim (Section 911.6). DATW# VICTOR WFSTMAN, County Counsel, BYILFLZ •LJy III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (x) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: AUG 2 61986 PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 5911.8) If you Wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition moat be filed With the oourt. Within six (6) months from the date your applioation for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection With this matter. If M want to consult an attorney, should do so Immediately. V. FROM: Clerk of the Board T0: 1 County Counsel 2 County A nis or Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED; AUG 2 61986 PHIL BATCHELOR, Clerk, By Deputy Y. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM .A 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code 5911.4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) JEFFREY MARTIN, DANIEL JAMES 18 MARTIN, HENRY BENTON, JOHN G. MACPHERSON, JOE ESTRADA, ) Y 19 JOSEPH CORONE and BETTY LOU ) 20 CORONE, 21 against ) er a has"� A 22 23 CONTRA COSTA COUNTY and ) CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1 . Application is hereby made for leave to present 30 these late claims under Section 911.4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, . 1986, which claims were not 34 presented within the 100-day period provided by Section 911.2 35 of the Government Code. For additional circumstances relating 36 LAW Offices Of Stem..Smith. -1- WWker&Grell 280 Utah Street ian Francisco.CA 94103 I to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims. 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with §§912.4-913 of the Government 18 Code. 19 20 DATED: July2,'2,- 1986 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 By 25 SHEY L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Law Oieces Of stems,SmM, -2- Wawer E raven 290 Utes street In Francisco.CA 94103 ,Ilk sx'al PROPOSED CLAIM. FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimants are: Edmund R. Nelson, Walter E. Nelson, Glenn Tast, Thomas Jordan, Jossie J. Nelson, Audrey Tast & Margaret Nelson c/o Broadline Corporation 81 Parr Avenue Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 81 Parr Boulevard, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000,000; plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. Jurnecka Attorney for Claimant 3505-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries -and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage' to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County Flood Control District subsequent contamination, mold and decomposition during the flood and escape efforts; (f) . Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; (i ) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt I SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) Govt. Code §911. 4 JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27 I, Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 4w Offices Of :items,Smith, Welker&Grell M . 280 Utah Street _ an Ftandsco.CA 94103 .. _ EXHIBIT B 1 address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into 7 the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims. Unfortunately, 17 the amendment and the notice of the Board' s action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14, 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July, 1986, at San Francisco, California. 30 31 32 33 Sherr L. Jurnecka 34 35 36 071886/1602Bs-1 Lw offices of sem,smut. Walker G Grell —2- 280 Utah St eet sn Francsco.CA 94103 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015.5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne La ue Single possls.wpf APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as Governing Board of the Contra Costa County Flood BOARD ACTION Control and Water Conservation District August 26 1986 Application to File Late Claim ) NOTICE TD APPLICANT g Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the OWNING" below. Claimant: JOE ESTRADA County Counsel c/o Sheri L. Jurnecka Attorney: Sterns , Walker & Grell JUL 2 'J 1986 280 Utah Street Address: San Francisco, CA 94103 Martinez, CA 9450 Amount: $1, 000, 000. 00 + By delivery to Clerk on July 24, 1986 Date Received: July 24, 1986 By mail, postmarked on July 22 , 1986 I. FROM: Clerk of the Board of Supervisors Tn: Cov�tyCounsel Attached is a copy of the above noted Application to i e Late Claim. DATED: July 28 , 1986 PHIL BATCHELOR, Clerk, By Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (�) The Board should deny this Application to File Late Claim (Section 911.6). DA ,z Lf!�fICTOR WESTMAN, County Counsel, �. III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (x) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. / DATE. AUG 2 61986 PHIL BATCHELOR, Clerk, By c l Deputy WARNING (Gov. Code (911.8) If you Wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed With the court Within six (6) months from the date yaw application for leave to present a late claim Was denied. You may seek the advise of any attorney of your choice in connection With this matter. If M want to consult an attorney, should do so immediately. IV. FROM: Clerk othe Board TO: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance With Section 29703. DATED: AUG 2 619% PHIL BATCHELOR, Clerk, ByW,-��ZeDeputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code 5911.4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 17 JEFFREY MARTIN, DANIEL JAMES ; ^ 18 MARTIN, HENRY BENTON, JOHN G. MACPHERSON, JOE ESTRADA, ) Y D 19 JOSEPH CORONE and BETTY LOU ) 20 CORONE, L B N 21 against ) ar 22 ) 23 CONTRA COSTA COUNTY and ) CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1. Application is hereby made for leave to present 30 these late claims under Section 911.4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911.2 35 of the Government Code. For additional circumstances relating 36 Lew Offices Of Stem:.Smith. Welker b Grill 1- 280 Utah Street in Francisco,cA 94103 I to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 . 2. The reason 'for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims. 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with 55912.4-913 of the Government 18 Code. 19 20 DATED: Julytf, 1986 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 2By 01 5 SHEY L. JURNECKA 26' Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Law Offices Of Stems,Smith. Walker E,Gren —2- 280 Utah Street in Francisco.CA 94103 ��■rrrrrr�r■rrr� EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Estrada v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: Joe Estrada c/o Carlos Auto Wreckers 51 Parr Boulevard Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 17, 1986 at 51 Parr Boulevard, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. Jurnecka Attorney for Claimant 3512-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Estrada v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about March 17, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by, seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not- limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer, laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Estrada v. Contra Costa County Flood Control District subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant' s family; (i). Expense for medical services incurred in the treatment of claimant' s physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandclm.rpt I SHERI L. JURNECKA - 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000- 6 26-10006 Attorneys for Claimants 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) Govt. Code 5911. 4 JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT . ) 26 27 I , Sheri L. Jurnecka, declare: 28 29 'I am .an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were. not presented was due 32 to clerical error ,by our computer input operator. Our computer 33 system`"includes a Client Database and an Entity Database. The 34 Client 'Database lists the name, address ' dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 -Lew Offices Of Stems.Smith, Welker&Grell . . 280 Utah Street pn Francisco.CA 94103 EXHIBIT B EOlb6 VO {sans ypuK JO a� T-SRZ091/988TLO 9£ S£ g oauanr •q llxqu EE zi i£ 0£ 'RTUIO;TTQD 'oost0ugs3 upS 4e '9861 '7,,IeATnr uo pe4n3axa bZ •goaz.zoo pup anxi st butobazo; ago geg4 XanCaad 8Z 10 A-4leued iapun aavloap I •o4azag4 A;T4sa4 04 4ua4adluoo um I pup LZ 'abpaTMOuX Tpuos.zad uMO Aur uT44TM TTP axe GxO44eur asagy 9Z •Zn;ssaoonsun seM SZ 4uaurpuaure pa4dura44v .Ino 4eg4 uOT4v3T;T40u butATaoa2 194;e algtssod bz se uoos sg saadpd but4aoddns aq4 pup uoT4eotldde stg4 paquasaid £z u2 paiedead I 'paaidxa ppg 91 pup ST IVT goarw uo pauTp4sns sabeurep ZZ 10; SMTVTO 4u9soad oq gDTgM UT poTaad Aep-00 T agi aoutg TZ •ATamT4un sng4 sem OZ 4ueurpueure pa4dura44e ano pup 'VZ aunt uo uaXg4 uaaq peg su'TgTO asa94 bt UO UOT40e Teuz; 4gg4 pamaO;uT AT4uanbasgns sem a0i;;o sTg4 se 'TTew 91 agp UT p999020 UOT439 s,p.xgog ago ;o aoT40u aq4 pup 4uaurpuaum ago Lt 'ATa4vungao;un •surrvTO asag4 uo UOT409 pzeog Aug ;0 UOT4e3i;t40u 91 paataoex peq aoT;;o stq} aao;aq '9861 'VZ aunr uo TTeur aq4 ut ., si p04Tsodap la44aT p ;o supaur Aq seM quaurpuaurp pa4duragge silty •ssoT bI ;0 sa4pp TpuoT4Tpp9 asag4 apnToui o4 pa4uasaad Appaale sunpTo asog4 £t puaure o4 pe4dur944g 'aOT;;o stg4 UT BUTX2014 uag4 A8u2044e zag4ou2 ZI 'uemdtgg •X a;}augar 'pa.zan03stp spM 20129 ago se uoos sY Ii •sa�gp OI 4uenbesgns asog4 apnTout 4Ou pip 4OT14sTa 1014uOO pooT3 Aquno' b e4soo ea4uo;) aq4 pup A4unoa v4soo Pa4uoo o4 pa4u9saad pup s4uaTTO 8 asag4 ;o ;Zpgeq uo pa4uTad ATa4vmT4Tn swTelo aq4 os 'xa4nduroo aq4 L OWT pasa4ua 4ou asaM 9T pup ST 'trT goleW 30 sa4ep ssoT Teuot4Tppe 9 aq4 410Tsian0 Pup aau0419npguT 120128 TgOTa8To 04 anp qnq 'asege4eQ S WOTT, aq4 o4uT poa94uo aaaM O T ga1eW pug 91 A.aenagaa 'V T Asgnagaa ;o sa4ep ssoT pup uTaaaq s4ueoiTddp aq4 ;o saureu aqy •surtplo 4uauruaanob ;o uoT4papdaad pug butssaoosd Z aqj 10; AIessaO3u ST gOTgM saT4T4ua Juaurusanob 9q4 ;o ssaxppV t ;dm•STssod 2a- 8T6uTS andel euu 'eTuJO;TTeO 'OOSTOuell ueS 4e '986T 'ZZ ATnr uo pe4noexe sem uOT4e3eTOap sTg4 4eg4 pue '4092200 pue ena4 ST BUT059203 sq4 4eg4 Aanraed 30 4Teuad a9pun a.zeToaP I £SSi�6 YO ' zaui�.zeW 90T wOOH £SGV6 Y' 'zauT4zeW 49924S auzd TS9 90T wOOU '49824S auTd T99 p.zeoS aqq JO Xa9lo PaeOS 9q4 ;0 XaaTO F,4uno0 e4so0 vaquo0 40Ts4sTa T6a4uon poor j A4uno0 e4so0 e.z4uo3 T :smOTTo; se passaspPe 'BTuaO;TTV3 'OOsTOue.z3 ueS 4e TTem ss4e4S P94Tun 944 uT 'PTedead ATTn3 uoeaeg4 e6e4sod g4Tm adOTanua POTEas s uT PeSOTOua ;o9a9g4 Adoo ans4 a 6uTOOTd Aq 'mOTaq p34e48 4TW9 eq4 uo WIY'IO 3SYZ ZN3S3ud OS SAY37 UOA NOISYOI'IddY uTg4Tm aq4 pae.zas I 986T 'ZZ ATn:r u0 '£OTV6 'eTuaO;TTeO '003TOuea3 ueS '499.z4S ge4n 08Z sT ssa.appe ssauTsnq--AW •esneo uTg4Tm eq4 o4 A4zed a 4ou pue s.zeeA uee4g5Ta ;o 86E 8q4 Sano um I 'eTuio;TTeO 'OOsTOu233 u$S ;o A;uno0 14TO 9q4 uT poKoTdwe we I �.eq� a.zeToap I 5'STOZ 'YETOT d33 - gIYW AS 30IAH3S 30 30OUd APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT August 26, 1986 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4• Please note the "WARNING" below. Claimant: JOE ESTRA.DA County Counsel Attorney: c/o Sheri L. Jurnecka JUL 2. 8 1986 Sterns , Walker & Grell 280 Utah Street Martinez. CA 9155.3 Address: San Francisco, CA 94103 ' Amount: $1, 000,000. 00 + By delivery to Clerk on July 24. 1986 Date Received: July 24, 1986 By mail, postmarked on July 22 , 1986 I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: July 25 , 1986 PHIL BATCHELOR, Clerk, By Deputy. L. Hal II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). Q() The Board should deny this Application to File Late Claim (Section 911.6). DAT c�9 / CTOR WESTMAN, County Counsel, c�c.(f�t y III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). %) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE. AUG 2 6 i98f PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 3911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions- of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court Within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you Want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County A 'nistrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof ha.s ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: AUG 2 61986 PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM _ . I SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street . 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code §911. 4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) JEFFREY MARTIN, DANIEL JAMES ) 18 MARTIN, HENRY BENTON, JOHN G. MACPHERSON, JOE ESTRADA, 19 JOSEPH CORONE and BETTY LOU ) 20 CORONE, cc�p" iL e 21 against ) er 22 ° Au q CONTRA COSTA COUNTY and ) 23 CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1 . Application is hereby made for leave to present 30 these late claims under Section 911. 4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911 .2 35 of the Government Code. For additional circumstances relating 36 Law Offices Of Stems.Smith, —1— Walker G Grell 280 Utah Street m Francisco.CA 94103 I to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants ' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims . 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with §§912. 4-913 of the Government 18 Code. 19 20 DATED: July 2f,-- 19 8 6 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 By � -!� . 25 SHEY L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Lew Offices Of Stems,Smith. Welker&Grell —2- 280 2-280 Utah Street in Francisco.CA 94103 EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Estrada v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Joe Estrada c/o Carlos Auto Wreckers 51 Parr Boulevard Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 17, 1986 at 51 Parr Boulevard, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. Jurnecka Attorney for Claimant 3512-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Estrada v. Contra Costa County THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about March 17, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not - limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and r" PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Estrada v. Contra Costa County subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant' s family; (i ) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandclm.rpt 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) (Govt. Code §911. 4 JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27, I , Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to. clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Law Offices Of Stems,Smith, Welker&Ore)) . -. 280 Utah Street _ in Francisco.CA 94103 EXHIBIT B 1 address of the government entities which is necessary for the 2 processing and preparation of government claims . 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into 7 the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims . Unfortunately, 17 the amendment and the notice of the Board' s action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14, 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July,, 1986, at San Francisco, California. 30 31 32 33 nerf L. Jurnecka 34 35 36 071886/1602Bs-1 Law Offices Of Stems,Smith, Walker&Grell —2- 280 Utah Street en Francisco,CA 94103 PROOF OF SERVICE BY MAIL - CCP 1O13A, 2015.5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: . Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. ;'_ ,Ze., nne LaRue Single possls.wpf APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as Governing Board of the Contra Costa County Flood BOARD ACTION Control and Water Conservation- District August 26 1986 Application to File Late Claim ) NOTICE TO APPLICANT g Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the *WARNING" below. Claimant: MARGARET NELSON County CounS01 c/o Sheri L. Jurnecka Attorney: Sterns , Walker & Grell JUL 2 91986 280 Utah Street Address: San Francisco, CA 94103 Mgrtinez, CA 94553 Amount: $1 , 000, 0 00. 00 + By delivery to Clerk on July 24, 1986 Date Received: July 24, 1986 By mail, postmarked on July 22 , 1986 I. FROM: Clerk of the Board of Supervisors TO: bounty Counsel; Attached is a copy of the above noted Application to File Late Claim. DATED: July 28 , 1986 PHIL BATCHELOR, Clerk, ByDeputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim .(Section 911.6). The Board should deny this Application to File Late Claim (Section 911.6). DATED: /�NkicTOR WFSTMAN, County Counsel, II. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (X) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: AUG 2 61986 PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 5911.8) If you wish to file a oourt action on this matter, you must first petition the appropriate court for an order relieving you frgm the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the oourt within six (6) months fram the date your application far leave to present a late claim was denied. You may seek the advise of any attorney of your choice in oonnection with this matter. If M want to oonsult an attorne you should do so Immediately. IV. FROM: Clerk. of the Board T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: AUG 2 61986 PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM I SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code §911. 4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) JEFFREY MARTIN, DANIEL JAMES ) �y 18 MARTIN, HENRY BENTON, JOHN G. 19 MACPHERSON, JOE ESTRADA, JOSEPH CORONE and BETTY LOU ) 20 CORONE, ) JU C al,'/rps6 cop 0, t e cN 21 against j er .. r `6. l 22 CONTRA COSTA COUNTY and ) 23 CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1 . Application is hereby made for leave to present 30 these late claims under Section 911.4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911. 2 35 of the Government Code. For additional circumstances relating 36 Law Offices o1 Sterns,Smith. _1 Walker 6 Grell 280 Utah Street . an Francisco.CA 94103 I to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14 , 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims . 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with §§912.4-913 of the Government 18 Code. 19 20 DATED: July 2� 19 8 6 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 01 25 By -Y� SHE L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Law Offices Of Stems.Smith, Walker&Grell —2- 280 2- 280 Utah Street San Francisco,CA 94103 EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimants are: Edmund R. Nelson, Walter E. Nelson, Glenn Tast, Thomas Jordan, Jossie J. Nelson, Audrey Tast & Margaret Nelson c/o Broadline Corporation 81 Parr Avenue Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 81 Parr Boulevard, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The. names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000,000; plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. Jurnecka Attorney for Claimant 3505-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: ( a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) . By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not -limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County Flood Control District subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; (i) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM j 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) (Govt. Code §911 . 4) JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) . 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27 I, Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Law Offices Of Stems,Smith, Walker 6 Grell 280 Utah Street an Francisco.CA 94103 EXHIBIT B 1 address of the government entities which is necessary for the 2 processing and preparation of government claims. . 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into 7 the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates, 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims. Unfortunately, 17 the amendment and the notice of the Board' s action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14, 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July, 1986, at San Francisco, California. 30 31 32 - 33 Sher L. Jurnecka 34 35 36 071886/1602Bs-1 Caw Offices Of Stems.Smith, Walker 6 Grell —2- 280 Utah Street ian Francisco;CA 94103 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015.5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne LaRue Single possls.wpf APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA OOUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT August 26 , 1986 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to ) the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911..8 and 915.4. Please note the "WARNING" below. Claimant: MARGARET NELSON County Counsel c/o Sheri L. Jurnecka Attorney: Sterns, Walker & Grell AUL 2 $ 19$6 280 Utah Street Address: San Francisco, CA 94103 Mgrtinez, CA 94553 Amount: $1, 000, 000. 00 + By delivery to Clerk on July 24, 1986 Date Received: July 24, 1986 By mail, postmarked on July 22, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: July 28 , 1986 PHIL BATCHELOR, Clerk, By � 1 ��_� Deputy L. Nall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (X) The Board should deny this Application to File Late Claim (Section 911.6). DATEDT-/- cV, /�-<&ICTOR WESTMAN, County Counsel, . III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (X) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: AUG 2 6 1986 PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorneX, u should do so immediatel . IV. FROM: Clerk of the Board T0: 1 2 County Counsel County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. AUG 2 61986 DATED: PHIL BATCHELOR, Clerk, By C; Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM i I SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code §911. 4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) JEFFREY MARTIN, DANIEL JAMES ) 18 MARTIN, HENRY BENTON, JOHN G. ) ++C MACPHERSON, JOE ESTRADA, 19 JOSEPH CORONE and BETTY LOU 20 CORONE, 21 against ) ey .C[�pau`oA� 22 ) ��-- 23 CONTRA COSTA COUNTY and CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL �. 28 DISTRICT 29 1. Application is hereby made for leave to present 30 these late claims under Section 911. 4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911. 2 35 of the Government Code. For additional circumstances relating 36 Law Offices Of Stems,Smith, —1— Walker&4rell 280 Utah Street m Francisco,CA 94103 1 to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants ' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims. 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with §§912. 4-913 of the Government 18 Code. 19 20 DATED: July�2 - 1986 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 25 By SHEY L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Lew Offices Of Stems.Smith. Welker&Grill —2- 2W 2- 2W Utah Street m Francisco:CA 94103 i EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re.: Nelson v. Contra Costa County T'0: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimants are: Edmund R. Nelson, Walter E. Nelson, Glenn Tast, Thomas Jordan, Jossie J. Nelson, Audrey Tast & Margaret Nelson c/o Broadline Corporation 81 Parr Avenue Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 81 Parr Boulevard, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000,000; plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. Jurnecka Attorney for Claimant 3505-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County THE BASIS 'OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its .agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate .design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. . ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and j . APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT August 26 , 1986 AgairZ"t the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice -of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: THOMAS JORDAN County COUn"I c/o Sheri L. Jurnecka JUL 2 8 1986 Attorney: Sterns , Walker & Grell 280 Utah Street Martinez, CA 94553 Address: San Francisco, CA 94103 Amount: $1, 000, 000. 00 + By delivery to Clerk on July 24, 1986 Date Received: July- 24, 1986 By mail, postmarked on July 22 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: July 28 , 1986 PHIL BATCHELOR, Clerk, By Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). ( The Board should deny this Application to File Late Claim (Section 11.6). DATED. K�VICTOR WESTMAN, County Counsel, B C� III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (N This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: AUG 2 6 i_gRG PHIL BATCHELOR, Clerk, By - Deputy WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions- of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court Within aix (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so ism ediatel . IV. FROM: Clerk of the Board T0: 1 2 County Counsel County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof :� ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: AUG 2 6 t9eF PHIL BATCHELOR, Clerk, By Deputy V. FROM: i County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; (i ) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) (Govt. Code §911. 4 JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27 I , Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to, clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client- Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Law Offices Of Stems,Smith. Walker&Grell . . 280 Utah Street _ an Francisco.CA 94103 — EXHIBIT B 1 address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database., but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into 7 the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims. Unfortunately, 17 the amendment and the notice of the Board's action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained �on March 14, 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July, 1986, at San Francisco, California. 30 31 32 33 Sherr L. Jurnecka 34 35 36 071886/1602Bs-1 Law Offices Of Stems,Smith, Walker&Grell —2— M Utah Street in Francisco.CA 94103 PROOF OF SERVICE BY MAIL - CCP 1O13A, 2015.5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with .postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne LaRue Single possls.wpf 1' SHERI .L. JURNECKA- 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code §911. 4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) JEFFREY MARTIN, DANIEL JAMES ; REC 18 MARTIN, HENRY BENTON, JOHN G. 1 � MACPHERSON, JOE ESTRADA, ) Y `� v� 19 JOSEPH CORONE and BETTY LOU 20 CORONE, 21NE1 0;V against ) air SO l 2CONTRA COSTA COUNTY and ) 233 CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1 . Application is hereby made for leave to present 30 these late claims under Section 911. 4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911. 2 35 of the Government Code. For additional circumstances relating 36 Law Offices Of Stems,Smith, —1— Walker&Grell 280 Utah Street an Francisco,CA 94103 1 to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants ' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims . 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with §§912. 4-913 of the Government 18 Code. 19 20 DATED: July�� 1986 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 By ol 25 SHE L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Lew Offices Of Stems.Smith, Welker 6 Grell —2— M 2— M Utah Street en Francisco.CA 94103 EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY. DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimants are: Edmund R. Nelson, Walter E. Nelson, Glenn Tast, Thomas Jordan, Jossie J. Nelson, Audrey Tast & Margaret Nelson c/o Broadline Corporation 81 Parr Avenue Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 81 Parr Boulevard, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. _ The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000,000; plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. Jurnecka Attorney for Claimant 3505-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about- March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses And residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not -limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real And personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; (i) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) (Govt. Code 5911. 4) JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27 I, Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to. clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Law Offices Of Stems,Smith, Welker&Grell M -. 280 Utah Street _ an Francisco,CA 94103 EXHIBIT B 1 address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into 7 the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims. Unfortunately, 17 the amendment and the notice of the Board' s action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14 , 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July, 1986, at San Francisco, California. 30 31 32 - 33 Sherf L. Jurnecka 34 35 36 071886/1602Bs-1 Law Offices Of Stems,Smith, Welker S Grell —2- 280 Utah Street n Francisco,CA 94103 PROOF OF SERVICE BY MAIL - CCP 1O13A, 2015.5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with .postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Hoard Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne LaRue- Sin gle possls.wpf iii APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as Governing Board of the Contra Costa County Flood BOARD ACTION Control and Water Conservation District August 21, 1986 Application.to File Late Claim ) NOTICE TO APPLICANT Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the wWIARNING" below. Claimant: BETTY CORONE COunty COunrej c/o Sheri L. Jurnecka Attorney: Sterns, Walker & Grell JUL 2 9 1986 280 Utah Street Martine Address: San Francisco, CA 94103 z, CA 045M Amount: $1, 000,000. 00 + By delivery to Clerk on July 24 , 1986 Date Received: July 24, 1986 By mail, postmarked on July 22 , 1986 I. FROM: Clerk of the Board of Supervisors 70: 4County Coua�sel ,.,.. : .. Attached is a copy of the above noted Application to File Late Claim. DATED: July 28 , 1986 PHIL BATCHELOR, Clerk, By Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (�) The Board should deny this Application to File Late Claim (Section 11.6). DATEDc <50S:6�MR WESTMAN, County Counsel,12 III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) { ) This Application is granted (Section 911.6). (�) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: AUG 2 61986 PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 1911.8) If you wish to.file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If Mwant to consult an attorney, u should do so Immediately. V. FROM: Clerk. o the Board T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: AUG 2 61986 PHIL BATCHELOR, Clerk, By Deputy , V. FROM: 1 County Counsel 2 County Administrator T0; Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code §911. 4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) JEFFREY MARTIN, DANIEL JAMES ) ]� 18 MARTIN, HENRY BENTON, JOHN G. MACPHERSON, JOE ESTRADA, 19 JOSEPH CORONE and BETTY LOU 20 CORONE, 21 CLP L e dcfa against ; °y C 22 CONTRA COSTA COUNTY and 233 CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1 . Application is hereby made for leave to present 30 these late claims under Section 911. 4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911. 2 35 of the Government Code. For additional circumstances relating 36 Law Offices Of Stems.Smith, —1— Wafker G Gren 280 Utah Street n Francisco,CA 94103 1 to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating ,to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims . 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with §§912. 4-913 of the Government 18 Code. 19 20 DATED: Julygg, 1986 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 01 25 By SHEY L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Law Offices Of Stems,Smith, —2— Welker G Grell 280 Utah Street an Francisco,CA 94103 EXHIBIT A ,PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Corone v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimants are: Joseph Corone & Betty Corone 51 Parr Boulevard Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 51 Parr Boulevard, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. Jurcka Attorney for Claimant 3507-A r • PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Corone v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and •PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Corone v. Contra Costa County Flood Control District subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; (i) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandc12.rpt I SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) (Govt. Code §911 . 4) JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27 I, Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 3o California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to clerical error by our computer input operator. Our computer 33 system includes a . Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Law Offices 01 Stems.Smith, Walker 6 Grell M _. 280 Utah Street in Francisco,CA 94103 EXHIBIT B Y F I address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of .the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims . Unfortunately, 17 the amendment and the notice of the Board' s action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 2` damages sustained on March 14, 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July,, 1986, at San Francisco, California. 30 31 32 33 Sher L. Jurnecka 34 35 36 071886/1602Bs-1 Law Offices Of Stems,Smith, Walker b Grell —2- 280 Utah Street an Francisco.CA 94103 4 ' PROOF OF SERVICE BY MAIL - CCP 1013A, 2015.5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne LaRue Single possls.wpf APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT August 26, 1936 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: BETTY CORONE County Counsel c/o Sheri L. Jurnecka JUL 2 8 1986 Attorney: Sterns , Walker & Grell 280 Utah Street Wffi l@2, CA 8455.3 Address: San Francisco, CA 94103 Amount: �1, 000, 000. 00 + By delivery to Clerk on July 24 , 1986 Date Received: July 24, 1986 By mail, postmarked on July 22 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: July 25, 1986 PHIL BATCHELOR, Clerk, By Com`• /`Yl Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (X) The Board should deny this Application to File Late Claim (Section 911.6). DATED - t c A CTOR WESTMAN, County Counsel, III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (X) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: AUG 2 6 1986 PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Goverrment Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If Vu want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board TO: 1 County Counsel 2 County A 'nistrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: AUG 2 619% PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Administrator T0: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM A, 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code §911. 4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) JEFFREY MARTIN, DANIEL JAMES ) 18 MARTIN, HENRY BENTON, JOHN G. ) +rIti r MACPHERSON, JOE ESTRADA, 19 JOSEPH CORONE and BETTY LOU ) 20 CORONE, c4po) fj V 21 against ) er� �O" AUE1 l 22 ) '. CONTRA COSTA COUNTY and ) r 23 CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1 . Application is hereby made for leave to present 30 these late claims under Section 911. 4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911. 2 of the Government Code. For additional circumstances relating 35 36 Law Offices Of Stems.Smith, Welker S Grell —1— M Utah Street ian Francisco.CA 94103 I to the cause of action, reference -is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants ' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims . 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with §§912.4-913 of the Government 18 Code. 19 20 DATED: July��._ 1986 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 25 By SHE L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Law Offices Of Sterni.Smith, Walker G Gretl —2- 280 Utah Street an Francisco.CA 94103 EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Corone v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County. 1 . - The name and post office address of the claimants are: Joseph Corone & Betty Corone 51 Parr Boulevard Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 51 Parr Boulevard, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. ur cka Attorney fo Claimant 3507-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Corone v. Contra Costa County THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence; carelessness and recklessness of said entity and its agents, servants and employees as follows: ( a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Corone v. Contra Costa County subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; (i) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt 1 SHERI .L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRE LL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) (Govt. Code §911. 4 JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27 I, Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. .31 The reason that timely claims were not presented was due 32 to. clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Law Offices Of Stems,Smith, Walker 8 Grell . i 280 Utah Street _ an Francisco.CA 94103 EXHIBIT B 1 address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims. Unfortunately, 17 the amendment and the notice of the Board' s action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages .sustained on March 14, 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July, 1986, at San Francisco, California. 30 31 32 33 Sber L. Jurnecka 34 35 36 071886/1602Bs-1 Lew Offices Of Stems,Smith, Welker&Grell —2- 280 Utah Street -an Francisco.CA 94103 PROOF OF SERVICE BY MAIL - CCP 1O13A, 2015.5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne La ue Single possls.wpf APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as Governing Board of the Contra Costa County Flood BOARD ACTION Control and Water Conservation District August 26, 1986 Application to File Late Claim ) NOTICE TO APPLICANT Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the Oii KING" below. Claimant: DANIEL JAMES MARTIN c/o Sheri L. Jurnecka CO��tV Counsel Attorney: Sterns , Walker & Grell JU 280 Uriah Street 291986 Address: San Francisco, CA 94103 Afarline.; C Amount: $1, 000 ,000. 00 + By delivery to Clerk on July 24, 16AS3 Date Received: July 24, 1986 By mail, postmarked on July 22 , 1986 I. FROM: Clerk of the Board of Supervisors TO: Vounty-'Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: July 28 , 1986 PHIL BATCHELOR, Clerk, By Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). ( The Board should deny this Application to File Late Claim (Section 9 1.6)111 . DATED / VICTOR WESTMAN, County Counsel, ByQ::�=4- III. BOARD ORDER- By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (X) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE:- AUG 2 61986 PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code (911.8) If you wish to file a oourt action on this matter, you must first petition the appropriate oourt for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your applioation for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in oonnection with this matter. If you want to oonsult an attorneX, u should do so immediately. V. FROM: Clerk of the Board. T0: 1 County Counsel 2 County A nis rator Attached are copies of the above Application. We notified the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703• DATED: AUG 2 61986 PHIL BATCHELOR, Clerk, Byr puty V. ; FROM: 1) County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION Tn FTt.F t.eIT rt ATM I SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code $911.4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) JEFFREY MARTIN, DANIEL JAMES 18 MARTIN, HENRY BENTON, JOHN G. 19 MACPHERSON, JOE ESTRADA, ) Y JOSEPH CORONE and BETTY LOU 20 CORONE, C9* ,eL 21 against �e,ICN ; er raeu 22 ,,,,x, 23 CONTRA COSTA COUNTY and ) CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1. Application is hereby made for leave to present 30 these late claims under Section 911.4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911.2 35 of the Government Code. For additional circumstances relating 36 Law Offices Of Stems.smith. wafker 6 Caen -I- 2W Utah Street an Francisco.CA 94103 I to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants ' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims. 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with 55912.4-913 of the Government 18 Code. 19 20 DATED: July 2� - 1986 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 01 BY 25 SHE L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Caw Offices Of sem.smW walker s a.eu -2- no 2- no Utah Street in Fwndsco,CA 94103 �X�I812 A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimants are: Herman E. Martin, Catherine Martin, Ronald J. Martin, Jeffrey Martin and Daniel James Martin, a minor 1901 Golden Gate Avenue Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 1901 Golden Gate Avenue, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. Jur cka Attorney for Claimant 3507-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris. from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design, and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; (i) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) (Govt. Code §911.4 JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27 I, Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 4w Offices Of Stems.Srntth. Walker G Grell . 2W Utah Street _ ian Francisco.CA 94103 EXHIBIT B I address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims . Unfortunately, 17 the amendment and the notice of the Board' s action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14 , 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July, 1986, at San Francisco, California. 30 31 32 33 Sherr L. Jurnecka 34 35 36 071886/1602Bs-1 Law Offices Of seems,smith. Walker G Grdi —2- 280 Utah Street m Francisco.CA 94103 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015.5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 . 1 declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne Lague- Single possls.wpf APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application 'to File Late Claim ) NOTICE TO APPLICANT August 26, 1986 Against the County, Routing ) The copy of-this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the 'WARNING" below. Claimant: DANIEL JAMES MARTIN A MINOR �Ounty COLnSeI c/o Sheri L. Jurnecka JUL 2 Attorney: Sterns, Walker & Grell 4 81986 280 Utah Street Address: San Francisco, CA 94103 , ���_' CA 84553 Amount: $1, 000, 000. 00 + By delivery to Clerk on July 24, 1986 Date Received: July- 24, 1986 By mail, postmarked on July 22 , 1986. I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: Ju 1 y 2 5, 19 8 6 PHIL BATCHELOR, Clerk, By � Al� I.$ Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (X) The Board should deny this Application to File Late Claim (Section 911.6). . DATED TOR WESTMAN, County Counsel, uty III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (X) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: AUG 2 61986 PHIL BATCHELOR, Clerk, By �/ Deputy WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board TO: 1 County Counsel 2 County A nistrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has :ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: AUG 2 6 19% PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES,. MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code §911. 4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN,,_ ) JEFFREY MARTIN, DANIEL JAMES - 18 AMES 18 MARTIN, HENRY BENTON, JOHN G. MACPHERSON, JOE ESTRADA, 19 JOSEPH CORONE and BETTY LOU ) 20 CORONE, ) JuC1 aSe CLF4 i s cwuJoq 21 o againsts ,��s �. 22 ) " " ./, ao� CONTRA COSTA COUNTY and ) 23 CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1 . Application is hereby made for leave to present 30 these late claims under Section 911. 4 of the Government Code. These claims are founded on a cause of action for personal 31 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 Presented within the 100-day period provided by Section 911. 2 35 of the Government Code. For additional circumstances relating 36 Law Offices Of Stems,Smith, Walker E Grell —1- 280 Utah Street in Francisco,CA 94103 1 to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants ' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims. 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with §§912. 4-913 of the Government 18 Code. 19 20 DATED: July2g�-- 1986 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 ol 25 By fyz-:�4�� . —- SHEY L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 UW Offices Of Stems.Smith, Walker&Grell —2- 280 Utah Street in Francisco,CA 94103 '� EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimants are: Herman E. Martin, Catherine Martin, Ronald J. Martin, Jeffrey Martin and Daniel James Martin, a minor 1901 Golden Gate Avenue Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 1901 Golden Gate Avenue, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. Jur cka Attorney fo Claimant 3507-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage to real property, . including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e)' Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; (i) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) (Govt. Code §911 . 4) JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27 I , Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to. clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Law Offices Of Stems,Smith, Walker&Grell . . 280 Utah Street _ an Francisco,CA 94103 EXHIBIT B 1 address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into 7 the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims. Unfortunately, 17 the amendment and the notice of the Board' s action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14, 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July,, 1986, at San Francisco, California. 30 31 32 33 Sher L. Jurnecka 34 35 36 071886/1602Bs-1 Law Offices Of Stems,Smith, Walker G Grell —2- 280 Utah Street n Francisco,CA 94103 PROOF OF SERVICE BY MAIL - CCP 1O13A, 2015. 5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My-business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE .CLAIM :)n the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with .postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne La ue Singlet possls.wpf APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as Governing .Board of the Contra Costa County Flood BOARD ACTION Control and Water Conservation District August 26 1986 Application to File Late Claim ) NOTICE TO APPLICANT g Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" bel,6104.nt Y Claimant: JEFFREY MARTIN jut 00411-se/ c/o Sheri L. Jurnecka A9 '2,g 1986 Attorney: Ster80 ns, Walker .& Grell srti��� Cq Address: San Francisco, CA 94103 Amount: $1, 000, 000. 00 + By delivery to Clerk on July 24, 1936 Date Received: July 24, 1986 By mail, postmarked on July 22 , 1986 I. FROM: Clerk of the Board of Supervisors TO: MCoaalty Counsel . Attached is a copy of the above noted Application to File Late Claim. DATED: July 28 , 1986 PHIL BATCHELOR, Clerk, By Deputy L Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). ( The Board should deny this Application to File Late Claim (Section 911 6). DATED. /AdUCTOR WESTMAN, County Counsel, -� III. BOARD ORDER By unanimous vote of Supervisors present .(Check one only)- ( ) This Application is granted (Section 911.6). ( ) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: AUG 2 61986 PHIL BATCHELOR, Clerk, By - Deputy WARNING (Gov. Code 1911.8) If you Nish to file a oourt action on this matter, you must first petition the appropriate oourt for an order relieving you from the provisions- of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the oourt within six (6) months from the date your application for leave to present a late claim was denied. You may aeek the advise of any attorney of your choice in connection with this matter. It you want to consult an attorneX, you should do so immediately. V. FROM: Clerk. of the Board T0: 1 County Counsel 2 County A nis rator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: AUG 2 61986 PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code 5911. 4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) JEFFREY MARTIN, DANIEL JAMES ) 18 MARTIN, HENRY BENTON, JOHN G. 19 MACPHERSON, JOE ESTRADA, ) �� JOSEPH CORONE and BETTY LOU 20 CORONE, CL t e CN 21 against ) er 22 ... 'cb �Oc 23 CONTRA COSTA COUNTY and ) CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1. Application is hereby made for leave to present 30 these late claims under Section 911.4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911.2 35 of the Government Code. For additional circumstances relating 36 Law Offices Of Stem.Smith. walker G crew -1- 280 Utah Street n Francisco.CA 94103 I to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims . 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with SS912.4-913 of the Government 18 Code. 19 20 DATED: July22,-. 1986 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 By 01 25 SHEY L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Law Offices Of Sams.Smith. s G.eo —2— MO Utah Street an FFmncisco.CA 94103 EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimants are: Herman E. Martin, Catherine Martin, Ronald J. Martin, Jeffrey Martin and Daniel James Martin, a minor 1901 Golden Gate Avenue Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 1901 Golden Gate Avenue, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. Jurn66ka Attorney for Claimant 3507-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; (i) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest. on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) Govt. Code §911. 4 JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27 I, Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30. California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Low Offices Of Stems.Smith. Welker&Grell . 280 Utah Street _ an Francisco,CA 94]03 EXHIBIT B 1 address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims. Unfortunately, 17 the amendment and the notice of the Board' s action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment . 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14, 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29, Executed on July,, 1986, at San Francisco, California. 30 31 32 33 Sher�I L. Jurnecka 34 35 36 071886/1602Bs-1 4w Offices Of Stems.Smith. Walker G Grell —2- 280 Utah Street in Francisco.CA 94103 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015.5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My =business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 1 served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: L. Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. —.=.zo.--- nne LaRue Single possls.wpf APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT August 2-6 , 1986 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: JEFFREY MARTIN c/o Sheri L. Jurnecka County Counsel Attorney: Sterns, Walker & Grell 280 Utah Street JUL 2 3 1986 Address: San Francisco, CA 94103 Martinez, CA 94553 Amount: $1, 000, 000. 00 + By delivery to Clerk on July -24 , 1986 Date Received: July 24, 1986 By mail, postmarked on July 22, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: July 25 , 1986 PHIL BATCHELOR, Clerk, By 4�,4,v. Deputy L. Haii II. FROM: County Counsel 70: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (� The Board should deny this Application to File Late Claim (Section 911.6). DATED: C!99 ,%CTOR WESTMAN, County Counsel, B �6t,-1_ -D y III. BOARD ORDER - By unanimous vote. of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (X') This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: AUG 2 6 19Ar, PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. 198A DATED: pUG 2 6 PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code §911. 4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) JEFFREY MARTIN, DANIEL JAMES ) 18 MARTIN, HENRY BENTON, JOHN G. ) �Q1 19 MACPHERSON, JOE ESTRADA, JOSEPH CORONE and BETTY LOU 20 CORONE, 21 ) c`PA Le oCNf oR / against ) er 22 CONTRA COSTA COUNTY and 23 CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1 . Application is hereby made for leave to present 30 these late claims under Section 911.4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911. 2 35 of the Government Code. For additional circumstances relating 36 Law Offices Of Stems,Smith, 1— Walker&Grell 280 Utah Street an Francisco,CA 94103 I to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims . 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with §5912. 4-913 of the Government 18 Code. 19 20 DATED: July2�. 1986 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 01 25 By fyz�4�� . —. SHEY L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Law Offices Of Stems,Smith. Welker&Grell —2- 280 2- 280 Utah Street in Francisco.CA 94103 EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimants are: Herman E. Martin, Catherine Martin, Ronald J. Martin, Jeffrey Martin and Daniel James Martin, a minor 1901 Golden Gate Avenue Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 1901 Golden Gate Avenue, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. . 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. Jur cka Attorney fo Claimant 3507-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents,. servants and employees as follows: (a) Said entity breached its .duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not - limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense . for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; (i ) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt I SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) (Govt. Code §911. 4) JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27 I, Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to. clerical error by our computer input operator. Our computer 33 system -includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Law Offices Of Stems,Smith, Walker&Grell . _. 280 Utah Street _ .an Francisco,CA 94103 EXHIBIT B 1 address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into 7 the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 , dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims. Unfortunately, 17 the amendment and the notice of the Board' s action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14, 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July, 1986, at San Francisco, California. 30 31 32 - 33 Sherf L. Jurnecka 34 35 36 071886/1602Bs-1 Law Offices 01 Stems.Smith, Walker&Grell —2- 280 Utah Street m Francisco,CA 94103 PROOF OF SERVICE BY MAIL - CCP 1O13A, 2015.5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, .California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne La ue Single possls.wpf s APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION .Application to File Late Claim ) NOTICE TO APPLICANT August 26 , 1986 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: RONALD J. MARTIN c/o Sheri L. Jurnecka C�Vnt Attorney: Sterns, Walker & Grell y � 280 Utah Street JVj j Address: San Francisco, CA 94103 Amount: $1, 000, 000. 00 + By delivery to Clerk on July 24. Date Received: July 24, 1986 By mail, postmarked on July 22 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to—i/l/e Late Claim. DATED: July 25 , 1986 PHIL BATCHELOR, Clerk, By Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). ( The Board should deny this Application to File Late Claim (Section 11.6). DATED. �-/ ,��-VICTOR WESTMAN, County Counsel, ty 1 III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (X ). This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. AUG 2 61986 DATE: PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court Within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If vu want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County A inistrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof lias 'ren filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: AUG 2 61986 PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM I A t • 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code §911. 4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) JEFFREY MARTIN, DANIEL JAMES ; ^4 18 MARTIN, HENRY BENTON, JOHN G. 19 MACPHERSON, JOE ESTRADA, JOSEPH CORONE and BETTY LOU ; 'AJL 20 CORONE, 21 ) C44 °t B CMEL l against ) °y � IF i 8 �os 22 ) . •.•� CONTRA COSTA COUNTY and 23 CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT 28 29 1 . Application is hereby made for leave to present 30 these late claims under Section 911. 4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day per by Section 911. 2 35 of the Government Code. For additional circumstances relating 36 Law Offices Of Stems,Smith, —1— Walker&Grell 280 Utah Sheet an Francisco,CA 94103 1 to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants ' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14 , 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims . 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with §§912. 4-913 of the Government 18 Code. 19 20 DATED: July�2,-.. 1986 21 LAW OFFICES OF 22 STERNS , WALKER & GRELL 23 24 By 25 SHE L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Law Offices Of Steno,Smith, Walker 6 Grell —2— M Utah Street an Francisco,CA 94103 EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimants are: Herman E. Martin, Catherine Martin, Ronald J. Martin, Jeffrey Martin and Daniel James Martin, a minor 1901 Golden Gate Avenue Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 1901 Golden Gate Avenue, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1, 000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. Jur cka Attorney fo Claimant 3507-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; (i) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt I SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) Govt. Code §911.4) JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27 I, Sheri L. Jurnecka, declare: 28 . I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to. clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Law Offices Of Stems,Smith, Walker&Orel) 280 Utah Street _ ian Francisco,CA 94103 EXHIBIT B I address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14, February -18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into 7 the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims. Unfortunately, 17 the amendment and the notice of the Board' s action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14 15 and 16 had expired, I g , p prepared an 23 presented 'this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 ' was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July,, 1986, at San Francisco, California. 30 31 32 33 Sher L. Jurnecka 34 35 36 071886/1602Bs-1 Law Offices Of Sterns,Smith, Walker G Grell —2- 280 Utah Street kn Francisco,CA 94103 . s PROOF OF SERVICE BY MAIL - CCP 1O13A, 2015.5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM :)n the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne LaRue Single possls.wpf fr X/0 APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as Governing Board of the 'Contra Costa County Flood BOARD ACTION Control and Water Conservation' District Au ust 26 , 1986 Application to File Late Claim ) NOTICE TO APPLICANT g Against .the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the wWARNING" below. Claimant: RONALD J. MARTIN County Counsel C/o Sheri L. Jurnecka Attorney: Sterns , Walker & Grell JUL 2 9 1986 230 Utah Street Martinez CA 94553 Address: San Francisco, CA 94103 Amount: $1, 000, 000. 00 + By delivery to Clerk on July 24, . 1986 Date Received: July 24, 1986 By mail, postmarked on July 22 , 1986 A I. FROM: Clerk of the Board of Supervisors TO: C Coqnty--.!oMmel Attached is a copy of the above noted Application to File Late Claim. DATED: July 28 , 1936 .PHIL BATCHELOR, Clerk, By (D( _ Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). The Board should deny this Application to File Late Claim (Section 911.6). DATID�> � AN /c VICTOR WESTM , County Counsel, rc:< 4AX�t-� III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (X•) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: AUG 2 61986 PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 1911.8) If you wish to file a oourt action on this matter, you must first petition the appropriate court for an order relieving you fyram the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attormey, M should do so immediately. V. FROM: Clerk of the Board T0: 1 County Counsel 2 County AdminisFrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: AUG 2 6 1986 PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By ff ,3 T , 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code 5911. 4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) JEFFREY MARTIN, DANIEL JAMES ; �QP1 18 MARTIN, HENRY BENTON, JOHN G. V MACPHERSON, JOE ESTRADA, ) 19 JOSEPH CORONE and BETTY LOU ) 20 CORONE, ) JU�`'"�` C4 �o cM 21 against ; er r X19 22 CONTRA COSTA COUNTY and ) 23 CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1. Application is hereby made for leave to present 30 these late claims under Section 911.4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not presented within the 100-day period provided by Section 911.2 34 35 of the Government Code. For additional circumstances relating 36 Law Offices Of senna.smith. Walker G Orel) 280 Utah Street In Francisco.CA 94103 1 to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims. 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with 55912.4-913 of the Government 18 Code. 19 20 DATED: Julygg- 1986 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 25 BY SHE L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 1a,Offices Of siterns.smxh, -2- wdker E Grell no Utah Sueet m Francisco.CA 94103 EXHIBIT A PROPOSED CLAIM FOR .PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimants are: Herman E. Martin, Catherine Martin, Ronald J. Martin, Jeffrey Martin and Daniel James Martin, a minor 1901 Golden Gate Avenue Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 1901 Golden Gate Avenue, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. Jurcka Attorney for Claimant 3507-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond, area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a') Damage to real property, including but not- limited to diminution in value; loss of use, enjoyment., income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL, INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; . (i) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt 1. SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) (Govt. Code §911.4 JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE,- ) ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27 I , Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to clerical. error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 LAw Offices Of Stns.Smtth. Walker 6 Grell . 280 Utah Street an Francisco.CA 94103 ` EXHIBIT B 1 address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into 7 the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims. Unfortunately, 17 the amendment and the notice of the Board's action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14, 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July, 1986, at San Francisco, California. 30 31 32 33 Sherf L. Jurnecka 34 35 36 071886/1602Bs-1 Law Offices Of stems."Smith. Walker G Grell —2- 280 Utah Street m Francisco.CA 94103 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015.5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My =business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. —4 Z12 nne Lague- Single possls.wpf APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as Governing Board of the Contra Costa County Flood BOARD ACTION Control and Water Conservation District August 26 , 1986 Application to File Late Claim ) NOTICE TO APPLICANT Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the wWARNMR below. Claimant: HERMAN E. MARTIN c/o Sheri L. Jurnecka County C0Un8@! Attorney: Sterns, Walker & Grell 280 Utah Street JUL 2 9 1986 Address: San Francisco, CA 94103 - - Martinez, CA 94553 Amount: $1,000 ,000 . 00 + By delivery to Clerk. on July 24, 1986 Date Received: July 24, 1986 By mail, postmarked on July 22 , 1986 Q. I. FROM: Clerk of the Board of Supervisors TO: qty:Counsel Attached is a copy of the above noted Application to Ile Late Claim. DATED: July 28 ,' 1986 PHIL BATCHELOR, Clerk, By _ -. HDeputy L II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). ( The Board should deny this Application to File Late Claim (Section 9 1.6). DA /6�IkCTOR WESTMAN, County Counsel, ay, u, III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (X) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: AUG 2 61986 PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 1911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Goverment Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County A nistrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. AUG 2 61986 DATED: PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code $911. 4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) JEFFREY MARTIN, DANIEL JAMES ) 18 MARTIN, HENRY BENTON, JOHN G. MACPHERSON, JOE ESTRADA, 19 ,JOSEPH CORONE and BETTY LOU ) 20 CORONE, ) Ju`" CL Le 21 against ) BY 22 CONTRA COSTA COUNTY and ) 23 CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1. Application is hereby made for leave to present 30 these late claims under Section 911.4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911.2 35 of the Government Code. For additional circumstances relating 36 Law Offices Of Stems.smith, Walker&Grell —1- 280 Utah Street an Francisco,cA 94103 1 to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants ' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims. 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with §§912.4-913 of the Government 18 Code. 19 20 DATED: July tf,-.. 1986 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 By 01 25 SHEY L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Low Offices Of Stems,Smith. -2- Wa&er G Grell 280 Utah Street an Francisco.CA 94103 EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimants are: Herman E. Martin, Catherine Martin, Ronald J. Martin, Jeffrey Martin and Daniel James Martin, a minor 1901 Golden Gate Avenue Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 1901 Golden Gate Avenue, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. Jur c a Attorney for Claimant 3507-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by 'its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government . Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; (i ) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt I SHERI L. JURNECKA . 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM j 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS )' Govt. Code §911 . 4 JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) ) 22 against ) 23 j CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) , 26 27 I, Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Low Offices Of Sterns.Smith. Walker G Grell . _. 260 Utah Street _ bn Francisco.CA 94103 EXHIBIT B 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) Govt. Code §911. 4 JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A: ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) . 26 27 I, Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Lw offices Of earn,,Smith. Walker&Grell . . 280 Utah Street _ on Francisco.CA 94103 " EXHIBIT B I address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein .and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into 7 the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims. Unfortunately, 27 the amendment and the notice of the Board' s action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14 , 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July,, 1986, at San Francisco, California. 30 31 32 33 Sher L. Jurnecka 34 35 36 071886/1602Bs-1 Low Offices Of Stems.Smith. —2— Walker&Grell 280 Utah Street in Francisco.CA 94103 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015.5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne LaRue Single possls.wpf APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE M APPLICANT August 26, 1986 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to ) the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Secti� 911.8 and 915.4. Please note the wWARNING" belo,T:vUOty COL Claimant: HERMAN E. MARTIN JUL 2 8 nse1 c/o Sheri L. Jurnecka �98s Attorney: Sterns , Walker & Grell %niRez; CA 280 Utah Street Address: San Francisco, CA 94103 Amount: $1, 000, 000. 00 + By delivery to Clerk on July 24, 1986 Date Received: July 24, 1986 By mail, postmarked on July 22 , 1986 I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: July 25, 198 6 PHIL BATCHELOR, Clerk, By Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (� The Board should deny this Application to File Late Claim (Section 911.6). DATED: TOR WESTMAN, County Counsel, �� ty III. BOARD RDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). Q() This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: AUG 2 61986 PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board TO: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof : .� on ufiled and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: AUG 2 619% PHIL BATCHELOR, Clerk, By �� Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Adninistrat or, By APPLICATION TO FILE LATE CLAIM 1 to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants ' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims . 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with §§912. 4-913 of the Government 18 Code. 19 20 DATED: July 2�,- 1986 21 LAW OFFICES OF 22 STERNS , WALKER & GRELL 23 24 25 By SHEY L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Law Offices Of Stems.Smith, Walker&Grell —2- 280 Utah Street ,n Francisco.CA 94103 EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimants are: Herman E. Martin, Catherine Martin, Ronald J. Martin, Jeffrey Martin and Daniel James Martin, a minor 1901 Golden Gate Avenue Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 1901 Golden Gate Avenue, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L.-Jur cka Attorney fo Claimant 3507-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and. property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not - limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; .(b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; (i) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) Govt. Code §911 . 4) JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27 I , Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to. clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Law offices Of Stems,Smith, Welker&Grell M . 280 Utah Street _ in Francisco,CA 94103 EXHIBIT B I address of the government entities which is necessary for the 2 processing and preparation of government claims . 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5. Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into 7 the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss.. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims . Unfortunately, 17 the amendment and the notice of the Board' s action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14, 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July, 1986, at San Francisco, California. 30 31 32 33 SherIt L. Jurnecka 34 35 36 071886/1602Bs-1 Law Offices Of Stems,Smith, Walker&Grell —2- 280 Utah Street an Francisco,CA 94103 PROOF OF SERVICE BY MAIL - CCP 1O13A, .2O15. 5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne LaRue Single possls.wpf APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as Governing Board of the Contra Costa County Flood BOARD ACTION Application File Late Claim)servation District OTICE TO APPLICANT August 26 , 1986 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the MWARNING" below. Claimant: CATHERINE MARTIN c/o Sheri lL. Jurnecka County Cpun�el Attorney: Sterns , Walker & Grell 280 Utah Street JUL 2 91986 Address: San Francisco, CA 94103 MartinSZ, CA 94553 Amount: $1, 000, 000 . 00 + By delivery to Clerk on July 24, 1986 Date Received: July 24, 1986 By mail, postmarked on July 22, 1986 I. FROM: Clerk of the Board of Supervisors TO: JCoiatty'Cat:nsel .I Attached is a copy of the above noted Application t File/Late Claim. DATED: July 28 , 1986 PHIL BATCHELOR, Clerk, By - ,/ Deputy T.- Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (�) The Board should deny this Application to File Late Claim (Section 911.6). DATED .69 / ct3CTOR WESTMAN, County Counsel, � y III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (X) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. AUG 2 6 NSDATE: PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 5911.8) If you wish to file a oourt action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you. want to consult an attorney, should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: A U G 2 6 T98s PHIL BATMELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM A 1 SHERI L. JURNECKA - 2 LAW OFFICES OF 3 STERNS, WALKER 6 GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. j APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, j TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code §911. 4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 17 JEFFREY MARTIN, DANIEL JAMES ) 18 MARTIN, HENRY BENTON, JOHN G. ) -6Q1 MACPHERSON, JOE ESTRADA, ) veD 19 JOSEPH CORONE and BETTY LOU ) 'JUL 20 CORONE, 21 against ; er 22 �. CONTRA COSTA COUNTY and ) 23 CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 26 27 TO; CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1. Application is hereby made for leave to present 30 these late claims under Section 911.4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911.2 35 of the Government Code. For additional circumstances relating 36 Law Offices Of stems.Smith, Walker 6 ord, -1- 280 Mh Street in Francisco.CA 94103 I to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. - The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims. 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with SS912.4-913 of the Government 18 Code. 19 20 DATED: July '" . 1986 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 01 25 By -:� SHE L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Law Offices Of Stems.Smith. Walker&Grell —2— no 2— no Utah Street ian Fnmcisco.CA 94103 EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimants are: Herman E. Martin, Catherine Martin, Ronald J. Martin, Jeffrey Martin and Daniel James Martin, a minor 1901 Golden Gate Avenue Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 1901 Golden Gate Avenue, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants ' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. Jur cka Attorney for Claimant 3507-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real I nd personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; (i) Expense for medical services incurred in the treatment of claimants ' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt I SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM j 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS j Govt. Code §911.4 JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) 22 against ) 23 j CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27 I, Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to clerical error by our computer input operator. Our computer 33 system includes. a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Lew Offices Of skims.Smith. Welker 6 Grell 280 Utah Street _ in Francisco.Iva 94103 EXHIBIT B I address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette R. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims . Unfortunately, 17 the amendment and the notice of the Board' s action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14, 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July,, 1986, at San Francisco, California. 30 31 32 33 Sher L. Jurnecka 34 35 36 Q71886/1602Bs-1 Lw Offices Ot Stems.Smith, Walker&Orel) —2- 290 Utah Street an Franosco.CA 94103 PROOF OF SERVICE BY MAIL - CCP 1O13A, 2015.5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within . cause. My =business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne Lague- Single possls.wpf F, APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT August 26 , 1986 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), . California Government Code.) ) given pursuant to Government Code SeetiQns 911.8 and 915.4. Please note the "WARNING" bel unry Counsel Claimant: CATHERINE MARTIN JUL 2 8 1986 c/o Sheri L._ Jurnecka Attorney: Sterns , Walker & Grell Martinft, CA 84553 280 Utah Street Address: San Francisco, CA 94103 Amount: $1 , 000, 000. 00 + By delivery to Clerk on July 24, 1986 Date Received: July 24, 1986 By mail, postmarked on July 22 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: July 25 , 1986 PHIL BATCHELOR, Clerk, By �__ Deputy L. Hall II. FROM: County Counsel T0: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (�( ) The Board should deny this Application to File Late Claim (Section 911.6). DATED . �?9 `,?16CTOR WESTMAN, County Counsel, By]L-_<_ ty III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). ( This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: AUG 2 6 1986 PHIL BATCHELOR, Clerk, By Deputy WAMMM (Gov. Code S911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If m want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof itias ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: AUG 2 61986 PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: ' County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM L 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code §911. 4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 17 JEFFREY MARTIN, DANIEL JAMES ) 18 MARTIN, HENRY BENTON, JOHN G. 19 MACPHERSON, JOE ESTRADA, JOSEPH CORONE and BETTY LOU ) 20 CORONE, ) JUIN 145�j 21 ) Cl •,l�,BE� / 22 against ) °y . f.•��A �- CONTRA COSTA COUNTY and ) 23 CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1 . Application is hereby made for leave to present 30 these late claims under Section 911.4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911. 2 of the Government Code. For additional circumstances relating 35 36 Law Offices Of Stems,Smith, —1— Walker&Grell 280 Utah Street an Francisco.CA 94103 1 to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants ' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already to filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims . 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with §S912. 4-913 of the Government 18 Code. 19 20 DATED: July��- 1986 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24ol By 25 SHEY L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Law Offices Of Stems,Smith, Walker G Grell —2- 280 Utah Street ian Francisco,CA 94103 EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimants are: Herman E. Martin, Catherine Martin, Ronald J. Martin, Jeffrey Martin and Daniel James Martin, a minor 1901 Golden Gate Avenue Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 1901 Golden Gate Avenue, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. Jur cka Attorney fo Claimant 3507-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: ( a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not - limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; (i) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) Govt. Code §911 . 4) JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, j 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27 I , Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to. clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Law offices of Stems,Smith, Walker b Grell -. 280 Utah Street _ sn Francisco,CA 94103 EXHIBIT B I SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code §911.4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) JEFFREY MARTIN, DANIEL JAMES ) 18 MARTIN, HENRY BENTON, JOHN G. ) A"C.61 MACPHERSON, JOE ESTRADA, 19 JOSEPH CORONE and BETTY LOU ) J 20 CORONE, 21 ) CL�q �CNEt l against ) BY 22 CONTRA COSTA COUNTY and 233 CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1 . Application is hereby made for leave to present 30 these late claims under Section 911. 4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911. 2 35 of the Government Code. For additional circumstances relating 36 Law Offices Of Stems,Smith, —1— Walker 6 Grell 280 Utah Street en Francisco,CA 94103 I address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14 , 15 and 16 were not entered into the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims. Unfortunately, 17 the amendment and the notice of the Board' s action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14, 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July,, 1986, at San Francisco, California. 30 31 32 33 Sherl L. Jurnecka 34 35 36 071886/1602Bs-1 Law Offices Of Stems.Smith, Walker C Grell —2- 2130 Utah Street an Francisco.CA 94103 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015. 5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne La ue Single possls.wpf APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as Governing .Board of the Contra Costa County Flood BOARD ACTION Control and Water Conservation* District August 26 , 1986 Application to File Late Claim ) NOTICE TO APPLICANT g Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: HENRY BENTON County COUnSM c/o Sheri L. Jurnecka Attorney: Sterns , Walker & Grell JUL 1986 280 Utah Street Address: San Francisco, CA 94103 Martinez, CA 94553 Amount: $1, 000, 000. 00 + By delivery to Clerk on July 24 , 1986 Date Received: July 24, 1986 By mail, postmarked on July 22 , 1986 I. FROM: Clerk of the Board of Supervisors TO: I7iV,��(ty,;Cmaysel Attached is a copy of the above noted Application t File Late Claim. DATED: July 28 , 1986 PHIL BATCHELOR, Clerk, By Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (>O The Board should deny this Application to File Late Claim (Section /911.6). DATED /�d'*ICTOR WESrW, County Counsel, By •�T III. BDARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (� This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. ,/� DATE: AUG 2 61986 PHIL BATCHELOR, Clerk, By (V/ Deputy WARNING (Gov. Code $911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section: 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application i o�- leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County A 'nusrator Attached are copies of the above Application. We notifed the applicant of the w+ard's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: AUG 2 61986 PHIL BATCHELOR, Clerk, IV �`�' Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM 4 I SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code 5911.4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, . ) 17 JEFFREY MARTIN, DANIEL JAMES 18 MARTIN, HENRY BENTON, JOHN G. `rrtj�y' MACPHERSON, JOE ESTRADA, ) Y D 19 JOSEPH CORONE and BETTY LOU 20 CORONE, 21against ) e 4 oil A�9Fa l 23 CONTRA COSTA COUNTY and CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1. Application is hereby made for leave to present 30 these late claims under Section 911.4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911.2 35 of the Government Code. For additional circumstances relating 36 tw,Offices of seems.Smith, WaBcer 6 Grell NO Utah Street in Francisco.CA 94103 1 to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants ' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 ,way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims . 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with $§912.4-913 of the Government 18 Code. 19 20 DATED: Julyg�gr 1986 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 25 By SHEY L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Low Offices Of Sams.Smith, Wa&er&o en —2— no Utah Street Oen Francisco.CA 94103 EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Benton v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: Henry Benton c/o Bay Tire Salvage Co. 21 Parr Blvd. Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986, at 21 Parr Boulevard, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. Jurnecka Attorney for Claimant 3510-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Benton v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Benton v. Contra Costa County Flood Control District subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of claimant' s spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant' s family; (i) Expense for medical services incurred in the treatment of claimant 's physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandclm.rpt 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) Govt. Code §911. 4 JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27 I, Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Law Offices Or sterns,smo, Welker G Grell . .. 2W Utah Street _ an F'°"°"°'CA 94103 EXHIBIT B 1 address of the government entities which is necessary for the 2. processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into 7 the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette R. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims. Unfortunately, 17 the amendment and the notice of the Board's action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14 , 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July,', 1986, at San Francisco, California. 30 31 32 33 Sher/ L. Jurnecka 34 35 36 071886/1602Bs-1 Lav Offices Of Stems.Smith, Walker G Grell —2- 280 Utah Street an Francisco,CA 94103 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015.5 I declare that: I am employed in the City County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne LaRue Single possls.wpf APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT August 26 , 1986 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: RICHARD KARNES County Counsel c/o Sheri L. Jurnecka Attorney: Sterns, Walker & Grell JUL '211986 280 Utah Street Address: San Francisco, CA 94103 AaRinez, CA 84553 Amount: $l, 000, 000. 00 + By delivery to Clerk on July 24, 1986 Date Received: July 24, 1986 By mail, postmarked on July 22, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: July 28 , 1986 PHIL BATCHELOR, Clerk, By � � Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (�) The Board should deny this Application to-File Late Claim (Section 911.6). DATED d I ,/9_,'kCTOR WFSTMAN, County Counsel, L'�-(.lam(-��-�e��rt�► III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (X) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: AUG 2 6 1986 PHIL BATCHELOR, Clerk, By �W Deputy WARNING (Gov. Code S911.8) If you Wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed With the court Within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection With this matter. If you want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: AUG 2 61986 PHIL BATCHELOR, Clerk, By . Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code 5911. 4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) JEFFREY MARTIN, DANIEL JAMES ) 18 MARTIN, HENRY BENTON, JOHN G. ) REC�r 19 MACPHERSON, JOE ESTRADA, JOSEPH CORONE and BETTY LOU 20 CORONE, 21 against ) sy .. 69A�- � 22 ) . 4 CONTRA COSTA COUNTY and ) 23 CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1. Application is hereby made for leave to present 30 these late claims under Section 911.4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911. 2 35 of the Government Code. For additional circumstances relating 36 Lew Offices Of Sterns.smith. —1— Welker&Grell M Utah Street an Francisco.CA 94103 1 to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants ' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims . 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with §§912. 4-913 of the Government 18 Code. 19 20 DATED: July�? - 1986 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 25 By SHEiTZL::: . JURNECKA 26 Attorneys for Claimants 27 28. 29 30 31 32 33 34 071886/1602Bs 35 36 Law Offices Of Stems,Smith. Walker 6 Grell —2- 280 Utah Street ian Francisco.CA 94103 EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Karnes v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County. 1: The name and post office address of the claimants are: Richard Karnes & Dolores J. Karnes 11 Parr Boulevard Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco; CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 11 Parr Boulevard, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. Jur ecka Attorney for Claimant 3503-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Karnes v. Contra Costa County THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: ( a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Karnes v. Contra Costa County subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; (i) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems, to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt I SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) Govt. Code §911. 4) JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT' ) 26 27 I, Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to. clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Law offices Of Stems,Smith. Walker&Grell 280 Utah Street _ m Francisco.CA 94103 - EXHIBIT B 1 address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14,, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent to dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims . Unfortunately, 17 the amendment and the notice of the Board' s action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14, 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July,, 1986, at San Francisco, California. 30 31 32 33 Sher,�f L. Jurnecka 34 35 36 071886/1602Bs-1 Law Offices Of Stems.Smith. Walker G Grell —2- 280 Utah Street �an Francisco.CA 94103 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015.5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: 16. Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 1 declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. Z'--- nne LaRue Single possls.wpf Y APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as Governing Board of the Contra Costa County Flood BOARD ACTION Control and Water Conservation District August 26 , 1986 Application to File Late Claim ) NOTICE TO APPLICANT Against the County, Routing ) The copy of thisocument mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the wWARNING" below. Claimant: RICHARD KAMNES c/o Sheri L. Jurnecka County Counsel Attorney: Sterns , Walker & Grell 280 Utah Street JUL 2 91986 Address: San Francisco, CA 94103 Martinez, CA 94553 Amount: $1, 000, 000. 00 + By delivery to Clerk on July 24, 1986 Date Received: July 24, 1986 By mail, postmarked on July 22 , 1986 1. FROM: Clerk of the Board of Supervisors 70: ;County :Counsel r Attached is a copy of the above noted Application to File Late Claim. DATED: July 28 , 1986 PHIL BATCHELOR, Clerk, By Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). ( The Board should deny this Application to File Late Claim (Section 911.6). DATED: - AtTOR WESTMAN, County Counsel, By� J. SPL ty III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (x) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: AUG 2 61986 PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediately. V. FROM: Clerk. o the Board T0: 1 County Counsel 2 County A nus ra or Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703• DATED: AUG 2 61966 PHIL BATCHELOR, Clerk, By Deputy V. FROM; 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM I SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorne-y_s for Claimants 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code 5911.4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) JEFFREY MARTIN, DANIEL JAMES 18 MARTIN, HENRY BENTON, JOHN G. 19 MACPHERSON, JOE ESTRADA, ) Y JOSEPH CORONE and BETTY LOU 20 CORONE, 21 QL against 22 ) ' 23 CONTRA COSTA COUNTY and ) CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1 . Application is hereby made for leave to present 30 these late claims under Section 911.4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911.2 35 of the Government Code. For additional circumstances relating 36 Law offices Of Stems.Smith, +1- Waiker&Grell 280 Utah Street in I mrA:isco.CA 94103 I to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims. 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in `accordance with §§912.4-913 of the Government 18 Code. 19 20 DATED: July . 1986 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 01 25 By SHEY L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Law Offices Of stems.smith. walker&G.en -2- 280 Utes Street in frencisc0.CA 94103 EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Karnes v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimants are: Richard Karnes & Dolores J. Karnes 11 Parr Boulevard Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 11 Parr Boulevard, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri J necks Attorney ±15r Claimant 3503-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Karnes v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: ( a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates. of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Karnes v. Contra Costa County Flood Control District subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; (i) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the said entity to build, repair and maintain the. creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt I SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. j LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) Govt. Code 5911. 4 JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27 I, Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Lsw Offices 01 Stem:.Smith. Walker 6 Grell . 280 Utah Street _ 'n Fr"°""°.ca 94103 EXHIBIT B 1 address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into 7 the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims . Unfortunately, 17 the amendment and the notice of the Board's action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14, 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July,, 1986, at San Francisco, California. 30 31 32 33 Sherf L. Jurnecka 34 35 36 071886/1602Bs-1 Law Offices Of Stems.Smo, Walker G Grell —2- 2W Utah Street in Francisco.CA 94103 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015.5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne La ue Single possls.wpf APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA and as Governing Board of the Contra Costa County Flood BOARD ACTION Control and Water Conservation District August 26 , 1986 Application to File Late Claim ) NOTICE TO APPLICANT Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNM" below. Claimant: DOLORES J. KA NES County Counsel c/o Sheri L. Jurnecka JUL 2 9 1986 Attorney: Sterns , Walker & Grell 280 Utah Street Maninez, CA 94553 Address: San Francisco , CA 94103 Amount: $1, 000,000. 00 + By delivery to Clerk on July 24, 1986 Date Received: July 24, 1986 BY mail, postmarked on July 22 , 1986 I. FROM: Clerk of the Board of Supervisors TO: tq'Counsel Attached is a copy of the above noted Application to File /Late Claim. DATED: July 28 , 1936 PHIL BATCHELOR, Clerk, By Deputy 1. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (X) The Board should deny this Application to File Late Claim (Section 911.6). DATED /,A&CT'OR WESTMAN, County Counsel, Byz) . III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (x) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: AUG 2 61986 PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 5911.8) If you Trish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court Within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. It you want to consult an attorney, u should do so immediately. V. FROM: Cleric of the Board Me. 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: AUG 2 61989 PHIL BATCHELOR, Clerk, BY Deputy V. FROM; 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code 5911.4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 17 JEFFREY MARTIN, DANIEL JAMES ; RECEI'v 18 MARTIN, HENRY BENTON, JOHN G.MACPHERSON, JOE ESTRADA, ) eD 20 CORONE, 19 JOSEPH CORONE and BETTY LOU ) ) JV "'7` 1�Sr 21 cid &%CN i against ) er �yl- CONTRA COSTA COUNTY and ) 23 CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1 . Application is hereby made for leave to present 30 these late claims under Section 911.4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both. real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911.2 35 of the Government Code. For additional circumstances relating 36 Low Offices Of sem,Srn+u,. -1- Wdker 6 Ciro 280 Utah Street in Francisco.CA 94103 1 to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants ' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims . 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with §§912.4-913 of the Government 18 Code. 19 20 DATED: July2� 1986 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 BY 01 25 25 SHE L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Law Offices Of seem:.Smith. -2- Walker&Drell 280 Utah Street sn Francisco.CA 94103 EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Karnes v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimants are: Richard Karnes & Dolores J. Karnes 11 Parr Boulevard Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 11 Parr Boulevard, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri-r.- J necka Attorney r Claimant 3503-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Karnes v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not- limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Karnes v. Contra Costa County Flood Control District subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; (i) Expense for medical services incurred in the treatment of claimants ' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415)626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) Govt. Code §911. 4 JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27 I, . Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Low Offices Of Sterni.Smith, Walker&Grell 280 Utah Street 'n Franci"°'G'94,103 EXHIBIT B I address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the. applicants ,herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims. Unfortunately, 17 the amendment and the notice of the Board' s action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained 'on March 14 , 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July,, 1986, at San Francisco, California. 30 31 32 33 Sher L. Jurnecka 34 35 36 071886/1602Bs-1 Lw Offices Of stems,Smith, Walker S cren — 2-Z80 Utah Street an i ranasco.CA 94103 { PROOF OF SERVICE BY MAIL - CCP 1O13A, 2015.5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM .)n the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne LaRue Single possls.wpf APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT August 26 , 1986 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the MWAMM" below. County Counsel Claimant: DOLORES KARNES c/o Sheri L. Jurnecka JUL 2 8 1986 Atitorney. Sterns , Walker & Grell Martinez, CA 0455.E Address: 280 Utah Street San Francisco, CA 94103 Amount: $1,000, 000. 00 + By delivery to Clerk on July 24, 1986 Date Received: July 24, 1936 By mail, postmarked on July 22 , 19.86 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File //Late Claim. DATED: July 28 , 1936 PHIL BATCHELOR, Clerk, By Deputy J l Deputy .L. Ha 1 I II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (�) The Board should deny this Application to File Late Claim (Section 911.6). DATED c�qtcVICTOR WESTMAN, County Counsel, y III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (X) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct cony of the Board's Order entered in its minutes for this date. DATE: AUG 2 6 1986 PHIL BATCHELOR, Clerk, By 0� Deputy WARNIM (Gov. Code 3911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediately, IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof l;as uar� filed and endorsed on the Board's copy of this Claim in accordance with Section 29703- - DATED: 9703•DATED: AUG 2 61966 PHIL BATCHELOR, Clerk, By e� Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM I SHERI L. JURNECKA 2 - LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code §911. 4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) JEFFREY MARTIN, DANIEL JAMES ) 18 MARTIN, HENRY BENTON, JOHN G. 19 MACPHERSON, JOE ESTRADA, JOSEPH CORONE and BETTY LOU 20 CORONE, Ir 21 OAQe� 04 ELOq against ; er .. +►�5;� � 22 CONTRA COSTA COUNTY and 23 CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1. Application is hereby made for leave to present 30 these late claims under Section 911. 4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day per by Section 911. 2 35 of the Government Code. For additional circumstances relating 36 Lew Offices Of Stems,Smith, —1— Welker F,Grell 280 Utah Street in Francisco,CA 94103 1 to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants ' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on. March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims. 15 WHEREFORE, it is respectfully requested that this 16 application be pp granted and the attached claims be received and 17 acted upon in accordance with §§912.4-913 of the Government 18 Code. 19 20 DATED: July gg 1986 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 ol 25 By SHEJTZt:. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 ' 32 33 34 071886/1602Bs 35 36 Law Offices Of Stems,Smith. Walker&Grell —2- 280 2- 280 Utah Street an Francisco,CA 94103 EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Karnes v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimants are: Richard Karnes & Dolores J. Karnes 11 Parr Boulevard Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 11 Parr Boulevard, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1, 000, 000, plus an amount, presently unknown, but believed to be . several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. Jur ecka Attorney for Claimant 3503-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Karnes v. Contra Costa County THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (.d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Karnes v. Contra Costa County subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; (i) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt 1 SHERI L. JURNECKA- 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) Govt. Code §911. 4) JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27 I, Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to. clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Law Offices Of Stems,Smith. Walker&Gtell . i 280 Utah Street _ an Francisco,CA 94103 EXHIBIT B 1 address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into 7 the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims . Unfortunately, 17 the amendment and the notice of the Board' s action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these. claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14, 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July,, 1986, at San Francisco, California. 30 31 32 33 Sher L. Jurnecka 34 35 36 071886/1602Bs-1 Law C'thces OI Stems,Smith, Walker 6 Grell —2- 280 Utah Street ian Francisco.CA 94103 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015. 5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne LaRue Single possls.wpf APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as Governing Board of the Contra Costa County Flood BOARD ACTION Control and Water Conservation District Application to File Late Claim ) NOTICE TO APPLICANT August 26 , .. 19.86 Against the County, Routing ) The copy of this document mailed to yowls your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the WWARNING" below. Claimant: JOSEPH CORONE County Counsel c/o Sheri L. Jurnecka Attorney: Sterns, Walker & Grell JUL 2 91986 280 Utah Street Address: San Francisco, CA 94103 Martinez, CA 94553 Amount: $1, 000, 0 00 . 00 + By delivery to Clerk on July 24, 1986 Date Received: July 24, 19.86 By mail, postmarked on July 22, 1986 I. FROM: Clerk of the Board of Supervisors TO: CoUnt -Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: July 28 , 1986 PHIL BATCHELOR, Clerk, By , Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (� The Board should deny this Application to File Late Claim (Section 911.6). DATED• -C QU ' %&3CKCTOR WESTMAN, County Counsel, B�jQ4�-��ty III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (�( ) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: AUG 2 6 1986 PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 1911.8) If you Wish to file a court action an this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed With the court Within six (6) months from the date your application for leave to present a late claim Was denied. You may seek the advise of any attorney of your choice in connection With this matter. If you Want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County A s rator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this .Claim in accordance With Section 29703. DATED:_A UG 2 6 j%s PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM �' !r 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code 5911. 4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) JEFFREY MARTIN, DANIEL JAMES ) 18 MARTIN, HENRY BENTON, JOHN G. ) A'-CEI MACPHERSON, JOE ESTRADA, ) j 19 JOSEPH CORONE and BETTY LOU ) / 20 CORONE, ) �` 1 cLF4 ' Le �cN 21 against ; er .. `SSA % 22 CONTRA COSTA COUNTY and ) 23 CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1 . Application is hereby made for leave to present 30 these late claims under Section 911 . 4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911.2 35 of the Government Code. For additional circumstances relating 36 Law Offices Of Stems,Smith, —1— Walker 6 Grell 280 Utah Street ian Francisco,CA 94103 I to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants ' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached .hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14 , 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims . 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with §§912.4-913 of the Government 18 Code. 19 20 DATED: July 22,-- 19 8 6 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 25 By SHEY L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Law Offices Of Stems.Smith. —2— Welker 6 Grell M Utah Street an Francisco.CA 94103 EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Corone v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimants are: Joseph Corone & Betty Corone 51 Parr Boulevard Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 51 Parr Boulevard, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently• known to claimants. 5. The amount of damages-claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. Jur cka Attorney for Claimant 3507-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq.. re: Corone v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not - limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, at seq. re: Corona v. Contra Costa County Flood Control District subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; (i) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) . Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) (Govt. Code §911 . 4 JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY .MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27 I, Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Law Offices Of Stems,Smith, Walker E Grell . 280 Utah Street _ an Francisco,CA 94103 — EXHIBIT B • I address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into 7 the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims . Unfortunately, 17 the amendment and the notice of the Board's action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14, 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July, 1986, at San Francisco, California. 30 31 32 33 Sherr L. Jurnecka 34 35 36 071886/1602Bs-1 Law Offices Of Stems.Smith, Walker&Grell —2- 280 Utah Street an Francisco.CA 94103 ' b PROOF OF SERVICE BY MAIL - CCP 1013A, 2015. 5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with .postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room •106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne LaRue Single possls.wpf APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT August 26 , 1986 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: JOSEPH CORONEr•0untynset c/o Sheri L. Jurnecka Attorney: Sterns, Walker & Greli JUL 2 8 1986 280 Utah Street Address: San Francisco, CA 94103 Martinez, CA ©ggrj3 Amount: $1, 000, 000. 00 + By delivery to Clerk on July 24, 1986 Date Received: July 24, 1986 By mail, postmarked on July 22 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: July 25 , 1986 PHIL BATCHELOR, Clerk, By ,�£��—/' Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). The Board should deny this Application to File Late Claim (Section 911.6). DAT t , ' D Y III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (x) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: AUG 2 61986 PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 3911.8) If you Kish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board TO: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: AUG 2 6 1986 PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM I SHERI L. JURNECKA- 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN , DONNA COHEN, ) Govt. Code §911. 4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST,. MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) JEFFREY MARTIN, DANIEL JAMES ) 18 MARTIN, HENRY BENTON, JOHN G. ) C�+rY j 19 MACPHERSON, JOE ESTRADA, ) 40 JOSEPH CORONE and BETTY LOU 20 CORONE, 21 against ) er/- v u`oq /. 22 CONTRA COSTA COUNTY and ) 233 CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1 . Application is hereby made for leave to present 30 these late claims under Section 911. 4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911. 2 35 of the Government Code. For additional circumstances relating 36 Law Offices Of Stems,Smith, —1— Walker&Grell 280 Utah Street ian Francisco,CA 94103 I to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the a 5 claimants ' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims . 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with §§912. 4-913 of the Government 18 Code. 19 20 DATED: Julytf, 1986 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 25 By SHE L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Law Offices Of Stems,Smith, Walker G Grell —2- 280 Utah Street ian Francisco,CA 94103 f - EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Corone v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimants are: Joseph Corone & Betty Corone 51 Parr Boulevard Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 51 Parr Boulevard, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimants. . 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. aurgrAcka Attorney forvClaimant 3507-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Corone v. Contra Costa County THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Corone v. Contra Costa County subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; (i) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt i 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) (Govt. Code §911. 4 JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27 I, Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to. clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Law offices Of Stems,Smith, Walker&Grell . . 280 Utah Street _ an Francisco.CA 94103 EXHIBIT B I address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into the computer, so the claims ultimately printed on behalf of these 8 clients and -presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims. Unfortunately, 17 the amendment and the notice of the Board' s action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14, 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July,/,)I 1986, at San Francisco, California. 30 31 32 33 Sher/I L. Jurnecka 34 35 36 071886/1602Bs-1 Law Offices 01 Stems.Smith, Walker&Grell —2- 280 Utah Street >an Francisco.CA 94103 PROOF OF SERVICE BY MAIL - CCP 1O13A, 2015. 5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM r3n the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne Lague- Single possls.wpf APPLICATION 70 FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA and as Governing Board of the Contra Costa County Flood BOARD ACTION Control and Water Conservation District August 26 1986 Application to File Late Claim ) NOTICE TO APPLICANT g Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the NVATMIND" below. Claimant: AUDREY TAST c/o Sheri L. Jurnecka County Counsel Attorney: Sterns , Talker & Grell 280 Utah Street JUL20 91986 .Address: San Francisco, CA 94103 Martinez, CA 94553 Amount: $1, 000, 000. 00 + By delivery to Clerk on July 24, 1986 Date Received: July 24 , 1986 By mail, postmarked on July 22, 1986 I. FROM: Clerk of the Board of Supervisors TO: Comty Counsels;° Attached is a copy of the above noted Application to File Late Claim. DATED: July 28 , 1986 PHIL BATCHELOR, Clerk, ByDeputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (�2 The Board should deny this Application to File Late Claim (Section 911.6). DATEDt_ �?' 6TICTOR WESTMAN, County Counsel, - c II. BD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (�) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: AUG 2 61986 PHIL BATCHELOR, Clerk, L�Z4�� Deputy WARNING (Gov. Code 1911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application 10:r leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, should do so immediately. V. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and 'endorsed on the Board's copy of this Claim in accordance With Section 29703. DATED: AUG 2 61986 PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM 1 SHERI L. JURNECKA - 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM j OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code $911. EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD -J. MARTIN, ) JEFFREY MARTIN, DANIEL JAMES ) 18 MARTIN, HENRY BENTON, JOHN G. ) C. l MACPHERSON, JOE ESTRADA, 19 JOSEPH CORONE and BETTY LOUJu ) 20 CORONE, ) ` 21 against 22 23 CONTRA COSTA COUNTY and ) CONTRA COSTA COUNTY FLOOD j 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1 . Application is hereby made for leave to present 30 these late claims under Section 911.4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911.2 35 of the Government Code. For additional circumstances relating 36 lAw offices Of sem,.smm. -1- WWker&Giell 260 lhah Sheet an Francsco.CA 94103 I to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 .2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants ' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims. 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with §§912.4-913 of the Government 18 Code. 19 20 DATED: July 4'1 . 1986 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 01 25 By SHEY L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Law Offices Of Sams,Smith, Walker G Gtell —2- 280 2- 280 Utah Street bn Francisco.CA 94103 EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County Flood Control District. 1 . The name and post office address of the claimants are: Edmund R. Nelson, Walter E. Nelson, Glenn Tast, Thomas Jordan, Jossie J. Nelson, Audrey Tast & Margaret Nelson c/o Broadline Corporation 81 Parr Avenue Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 81 Parr Boulevard, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000,000; plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. Jurnecka Attorney for Claimant 3505-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage .system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County Flood Control District subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; (i) Expense for medical services incurred in the treatment of claimants ' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt I SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) Govt. Code 5911. 4 JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27 I, Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Low Offices Of Stems.Smith, Welker&Grell . . 280 Utah Street _ 'a"F`a'y`"`°•C"94103 EXHIBIT B 1 address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into 7 the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims. Unfortunately, 17 the amendment and the notice of the Board's action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14 , 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July ,9 , 1986, at San Francisco, California. 0 AIM. 30 31 32 33 SIn e L. Jurnecka 34 35 36 071886/1602Bs-1 Low Offices Of Stems.smith. Walker 6 Grell —2- 280 Utah Street Sen Franoaw.CA 94103 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015.5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. Z2 nne LaRue- Single possls.wpf APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT August 26 , 1986 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to ) the Board of Supervisors (Paragraph III, below), California Goverrment Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" belotounty Counsel Claimant: JOSSIE J. NELSON JUL 2 8 1986 c/o Sheri L. Jurnecka Attorney: Sterns, Walker & Grell Martinez, CA 94553 280 Utah Street Address: San Francisco, CA 94103 Amount: $1, 000, 000 . 00 + By delivery to Clerk on July 24, 1986 Date Received: July 24, 1986 By mail, postmarked on July 22, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application toFile Late Claim. DATED: July 28 , 1936 PHIL BATCHELOR, Clerk, By % l� Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (X ) The Board should deny this Application to File Late Claim (Section 11.6). DATED ' ,%VICTOR WESTMAN, County Counsel, By L:c \ III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). ( This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: AUG 2 s 1986 PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions- of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorne rpu should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Adminis rator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this doement, and a memo thereof ;� ;en filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: AUG 2 6 1986 PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM I SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code §911. 4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) JEFFREY MARTIN, DANIEL JAMES ; N 18 ' MARTIN, HENRY BENTON, JOHN G. ` rIV 19 MACPHERSON, JOE ESTRADA, ) D JOSEPH CORONE and BETTY LOU 20 CORONE, 21 �c�q. ' i�eBr��++ cN pt against .,.., .�. �Au`�R l 22 ) � CONTRA COSTA COUNTY and ) oMo„h, 23 CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1 . Application is hereby made for leave to present 30 . these late claims under Section 911. 4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911.2 35 of the Government Code. For additional circumstances relating 36 Law Offices Of Stems,Smith. Walker&Grell —1- 280 Utah Street San Francisco.CA 94103 1 to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants ' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims . 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with §§912. 4-913 of the Government 18 Code. 19 20 DATED: July gg,- 1986 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 01 By 25 SHEY L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Law Offices Of Stems.Smith. Walker&Grell —2- 280 Utah Street an Francisco.CA 94103 EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimants are: Edmund R. Nelson, Walter E. Nelson, Glenn Tast, Thomas Jordan, Jossie J. Nelson, Audrey Tast & Margaret Nelson c/o Broadline Corporation 81 Parr Avenue Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 81 Parr Boulevard, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000,000; plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. Jurnecka Attorney for Claimant 3505-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both realand personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; .(e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants ' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; (i) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, .damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt I SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) (Govt. Code §911 . 4) JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27 I, Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to, clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Law Offices Of Sterns.Smith, Walker b Grell . 280 Utah Street _ ian Francisco,CA 94103 — EXHIBIT B 1 address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into 7 the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was .discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims. Unfortunately, 17 the amendment and the notice of the Board' s action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14 , 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July,, 1986, at San Francisco, California. 30 31 32 33 SherX L. Jurnecka 34 35 36 071886/1602Bs-1 Law Offices 01 Stems,Smith, Walker&Grell —2- 280 Utah Street ,an Francisco.CA 94103 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015.5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with .postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne LaRue Single possls.wpf APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as Governing Board of the Contra Costa County Flood BOARD ACTION Control and Water Conservation District August 26 1986 Application to File Late Claim ) NOTICE TO APPLICANT g Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the MWARNING" belowCoUn,, CoU Claimant: JOSSIE J. NELSON JUL ' rl c/o Sheri L. Jurnecka 419 Attorney: Sterns , rUtahStreetCA Walker Grell Martjne2. 86 0 Address: San Francisco, CA 94103 94,553 Amount: �1 , 000, 000. 00 + By delivery to Clerk on July 24, 1986 Date Received: July 24, 1986 By mail, postmarked on July 22, 1986 I. FROM: Clerk of the Board of Supervisors TO: Couaity: Counsel- Attached is a copy of the above noted Application to File Late Claim. DATED. July 28, 1986 PHIL BATCHELOR, Clerk, By .' ?� '7 Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (Q The Board should deny this Application to File Late Claim (Section 911.6). DATED VICTOR WESTMAN, County Counsel, By . � y III. °fBOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (X) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. ' DATE: AUG 2 61986 PHIL BATCHIIAR, Clerk, By Deputy WARNING (Gov. Code 1911.8) If you Trish to file a oourt action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months Prem the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If ym want to consult an attorney, should do so immediately. V. FROM: Clerk..o the Board T0: 1 County Counsel 2 County AdminisEraEor Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: AUG 2 61996 PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM 1 SHERI L. JURNECKA - 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code §911. EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) JEFFREY MARTIN, DANIEL JAMES 18 MARTIN, HENRY BENTON, JOHN G. 19 MACPHERSON, JOE ESTRADA, ) Y JOSEPH CORONE and BETTY LOU 20 CORONE, 21 against ) BY .q� 22 ) CONTRA COSTA COUNTY and ) •• 23 CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1 . Application is hereby made for leave to present 30 these late claims under Section 911.4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period*provided by Section 911.2 35 of the Government Code. For additional circumstances relating 36 Law Offices Of stwm,.smith. -1- Wdker 6 Gneil 280 Utah Street an Frandsco.CA%103 1 to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants ' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these. claims . 15 WHEREFORE it is respectfully p y re quested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with 55912.4-913 of the Government 18 Code. 19 20 DATED: July2�- 1986 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 By � -C,�. 25 SHE L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Law Offices 01 Stems.Smith. Wa ker 6 G.eu -2- 280 2- 280 Utah Street an Francisco,CA 94103 EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County Flood Control District. 1 . The name and post office address of the claimants are: Edmund R. Nelson, Walter E. Nelson, Glenn Tast, Thomas Jordan, Jossie J. Nelson, Audrey Tast & Margaret Nelson c/o Broadline Corporation 81 Parr Avenue Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 81 Parr Boulevard, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000,000; plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. Jurnecka Attorney for Claimant 3505-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: ( a) Damage to real property, including but not -limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re; Nelson v. Contra .Costa County Flood Control District subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; (i ) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt I SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) Govt. Code 5911.4 JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) ) 26 27 I, Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Law Offices Of Soems,Srn+m. Walker&Grell . . 280 Utah Street _ an F'rancun,CA 94103 " EXHIBIT B 1 address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into 7 the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims. Unfortunately, 17 the amendment and the notice of the Board' s action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14, 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July,, 1986, at San Francisco, California. 30 31 32 33 Sherr L. Jurnecka 34 35 36 071886/1602Bs-1 t„v Offices Of Stems.smith. —2- Walker G Grell 280 Utah Street an Francisco.CA 94103 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015.5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM cin the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne La ue Single possls.wpf +7 APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA and as Governing Board of the Contra Costa .County Flood BOARD ACTION Control and Water Conservation District Application to File Late Claim ) NOTICE TO APPLICANT August 26 , 1986 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors, (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: GLEN14 TAST c/o Sheri L. Jurnecka COVR� Attorney: Sterns , Walker & Grell C�unse/ 280 Utah Street Address: San Francisco, CA 94103 Meng 231986 Amount: $1, 000, 000. 00 + By delivery to Clerk on July 24, 19h CA 94, k,% Date Received: July 24, 1986 By mail, postmarked on July 22 , 1986 I. FROM: Clerk of the Board of Supervisors 70: ' ty.•,Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: July 28 , 1986 PHIL BATCHELOR, Clerk, By eputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( The Board should grant this Application to File Late Claim (Section 911.6). (� The Board should deny this Application to File Late Claim (Section 11.6). DATED:Cwtt-Aw R WESTMAN, County Counsel, ty III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (�) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: AUG 2 61986 PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 1911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date yaw application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. I! you Want to consult an attorney, u should do so Immediately. V. FROM: Clerk.. of the Board M: 1 County Counsel 2 County A nis rator Attached are copies of the above Application. We notifed the applicant of the ward's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: AUG 2 61986 PHIL BATCHELOR, Clerk, By - Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM I SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN., ) Govt. Code 5911. 4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) ` JEFFREY MARTIN, DANIEL JAMES ) ♦J�� 18 MARTIN, HENRY BENTON, JOHN G. MACPHERSON, JOE ESTRADA, 19 JOSEPH CORONE and BETTY LOU 20 CORONE, CL)" • Ck 21 against ; er on 22 � 2CONTRA COSTA COUNTY and ) 233 CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1 . Application is hereby made for leave to present 30 these late claims under Section 911.4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911. 2 35 of the Government Code. For additional circumstances relating 36 Law Offices Of Stems.Smith. —1— Walker&Grell 280 Utah Street ian Francisco,CA 94103 1 to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants ' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims . 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with §§912. 4-913 of the Government 18 Code. 19 20 DATED: July tf,-. 19 8 6 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 25 By SHEY L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Law Offices Of Stems.Smith, Walker S Grell —2- 280 Utah Street San Francisco,CA 94103 EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County Flood Control District. 1 . The name and post office address of the claimants are: Edmund R. Nelson, Walter E. Nelson, Glenn Tast, Thomas Jordan, Jossie J. Nelson, Audrey Tast & Margaret Nelson c/o Broadline Corporation 81 Parr Avenue Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 81 Parr Boulevard, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000, 000; plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. Jurnecka Attorney for Claimant 3505-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County Flood Control District + THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County Flood Control District subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; ( i) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt I SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) (Govt. Code §911 . 4 JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27 I, Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Law Offices of Stems,Smith, Walker G Grell 280 Utah Street _ _ an Francisco,CA 94103 EXHIBIT B 1 address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into 7 the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims. Unfortunately, 17 the amendment and the notice of the Board' s action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14 , 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July, 1986, at San Francisco, California. 30 31 32 33 Sher L. Jurnecka 34 35 36 071886/1602Bs-1 Law Offices of Stems.Smith, Walker G Grell —2- 280 Utah Street San Francisco,CA 94103 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015.5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne La ue Single possls.wpf APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT August 26, 1986 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below.. COuf1s81 Claimant: GLENN TAST JUL 2 8 1986 c/o Sheri L. Jurnecka Attorney: Sterns , Walker & Grell Martinez, CA 94553 280 Utah Street Address: San Francisco, CA 94103 Amount: $1, 000, 000. 00 + By delivery to Clerk on July- 24, 1986 Date Received: July 24, 1986 By mail, postmarked on July 22 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application toFile Late Claim. DATED: July 28 , 1986 PHIL BATCHELOR, Clerk, By -_�✓�c���� Deputy L. Hall II. FROM: County Counsel T0: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). The Board should deny this Application to File Late Claim (Section 911.6). DATED y TOR WESTMAN, County Counsel, - III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). ( x) This Application to File Late Claim is denied (Section 911.6). . I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. AUG 261986 DATE: PHIL BATCHELOR, Clerk, By K4� Deputy WARNING (Gov. Code 5911.8) If you wish to Pile a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court Within six (6) months Oram the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection With this matter. If you want to consult an attorne u should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has I*n filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. AUG 2 61986 DATED: PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By -County Administrator, By APPLICATION TO FILE LATE CLAIM I SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code §911. 4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) JEFFREY MARTIN_ , DANIEL JAMES ) 18 MARTIN, HENRY BENTON, JOHN G. MACPHERSON, JOE ESTRADA, 19 JOSEPH CORONE and BETTY LOU ) 'JUL 20 CORONE, e 21 against �R, qa / 22 ) � CONTRA COSTA COUNTY and ) 23 CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1 . Application is hereby made for leave to present 30 these late claims under Section 911 .4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911. 2 35 of the Government Code. For additional circumstances relating 36 Law Offices Of Stems,Smith, —1— Walker f;Grell 280 Utah Street ian Francisco,CA 94103 1 to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants ' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14 , 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims . 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with §§912.4-913 of the Government 18 Code. 19 20 DATED: July 2f,- 19 8 6 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 01 25 By SHEY L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Law Offices OI Stems.Smith; Walker G Greif —2- 280 2- 280 Utah Street an Francisco.CA 94103 EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimants are: Edmund R. Nelson, Walter E. Nelson, Glenn Tast, Thomas Jordan, Jossie J. Nelson, Audrey Tast & Margaret Nelson c/o Broadline Corporation 81 Parr Avenue Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 81 Parr Boulevard, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000,000; plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. Jurnecka Attorney for Claimant 3505-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained .and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not - limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the, floodwaters, mud .and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; (i ) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) (Govt. Code 5911 . 4) JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27 I, Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to. clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Law Offices Of Stems.Smith, Walker&Grell . . 280 Utah Street _ an Francisco.CA 94103 EXHIBIT B I address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14 , February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into 7 the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims . Unfortunately, 17 the amendment and the notice of the Board' s action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14, 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July, 1986, at San Francisco, California. 30 31 32 33 Sher L. Jurnecka 34 35 36 071886/1602Bs-1 Law Offices of Sterns,smith, Walker G Grell —2- 290 Utah Street 4n Francisco,CA 94103 PROOF OF SERVICE BY MAIL - CCP 1O13A, 2015. 5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne LaRue- Single possls.wpf APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as Governing Board of the 'Contra Costa County Flood BOARD ACTION Control and Water Conservation District .Application to File Late Claim ) NOTICE TO APPLICANT August 26, 1986 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the D � ARNING" 4 KIy Counsel .Claimant: WALTER E. NELSON c/o Sheri L. Jurnecka JUL ? 9 1986 Attorney: Sterns , Walker & Grell Msrti 280 Utah Street net Cq B3 Address: San Francisco, CA 94103 Amount: $1, 000, 000. 00 + By delivery to Clerk on July 24, 1986 Date Received: -July 24, 1986 By mail, postmarked on July 22 , 1986 I. FROM: Clerk of the Board of Supervisors TO: ---County CounseV Attached is a copy of the above noted Application to it Late Claim. DATED: July 28 , 1986 PHIL BATCHELOR, Clerk, By Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (�) The Board should deny this Application to File Late Claim (Section 911.6). DATED: /92&ICTOR WESTMAN, County Counsel, By �GL r y III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: AUG 2 61986 PHIL BATCHELOR, Clerk, By Z, Deputy WARNING (Gov. Code (911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your ohoioe in connection with this matter. If want to consult an attorney, u should do so Immediately. IV. FROM: Clerk of the Board TO: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the - Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. AUG 2 61986 PHIL sATCMDR Clerk De DATED: , , By putt V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM s I SHERI L. JURNECKA ' 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT. LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code 5911. EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, j 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) JEFFREY MARTIN, DANIEL, JAMES ; % 18 MARTIN, HENRY BENTON, JOHN G. (� Y i ��� 19 MACPHERSON, JOE ESTRADA, ) JOSEPH CORONE and BETTY LOU ) 20 CORONE, CLP A �° 21 against ) °y ... APA- 22 ) CONTRA COSTA COUNTY and ) 23 CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1. Application is hereby made for leave to present 30 these late claims under Section 911.4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911.2 35 of the Government Code. For additional circumstances relating 36 Lw Offices Of Stem:.Smith. wdker G Gree —1- 280 Utah Street bit Francisco.CA 94103 I to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants ' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims. 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with S§912.4-913 of the Government 18 Code. 19 20 DATED: July2:P, 1986 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 25 By SHE L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 tww Offices Or Sterns,Srnith, Walker G Grell —2- 280 Utah street an Francisco.CA 94103 EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimants are: Edmund R. Nelson, Walter E. Nelson, Glenn Tast, Thomas Jordan, Jossie J. Nelson, Audrey Tast & Margaret Nelson c/o Broadline Corporation 81 Parr Avenue Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 81 Parr Boulevard, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000,000; plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. Jurnecka Attorney for Claimant 3505-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a)' Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not -limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County Flood Control District subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; (i) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt I SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco., CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) Govt. Code §911.4 JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27 I, Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Lew Offices Of stems,smkh. Welker G Grell . . 280 lhah Street _ _ bn F"�" ca 94103 EXHIBIT B 1 address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into 7 the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette R. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims. Unfortunately, 17 the amendment and the notice of the Board's action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14, 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July,, 1986, at San Francisco, California. 30 31 32 33 Sher L. Jurnecka 34 35 36 071886/1602Bs-1 Lav Offices of Stems,smith. Walker G Greiff —2- 280 Utah Street in Ftancacu.CA 94103 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015.5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. zo.— "'nne La ue Single possls.wpf A/11 APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT August 26, 1986 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING"Q*WdY Cou".1 Claimant: WALTER E. NELSON JUL 2 X986 c/o Sheri L. Jurnecka �n�net, CA 84553 Attorney: Sterns , Walker & Grell 280 Utah Street Address: San Francisco , CA 94103 Amount: $1,0001000. 00 + By delivery to Clerk on July 24, 1986 Date Received: July 24, 1986 By mail, postmarked on July 22 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: July 28 , 1986 PHIL BATCHELOR, Clerk, By _y A/-&--119 Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (/) The Board should deny this Application to File Late Claim (Section 911.6). DATED_�9� /LortCTOR WESTMM, County Counsel, BSC III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (X) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: AUG 2 6 M6 PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim Was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof ijas ben filed and endorsed on the Boardfs copy of this Claim in accordance with Section 29703. DATED: AUG 2 61966 PHIL BATCHELOR, Clerk, By 2 E, 26��� Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code §911. 4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) JEFFREY MARTIN, DANIEL JAMES ) �y 18 MARTIN, HENRY BENTON, JOHN G. 19 MACPHERSON, JOE ESTRADA, JOSEPH CORONE and BETTY LOU 20 CORONE, ) Ir 21 against ) BY ' .o SPA- l 22 CONTRA COSTA COUNTY and ) 23 CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1 . Application is hereby made for leave to present 30 these late claims under Section 911 .4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911 . 2 of the Government Code. For additional circumstances relating 35 36 Low Offices Of Sterns,Smtth, —_1— Walker&Grell 280 Utah Street en Francisco.CA 94103 I to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants ' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims . 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with §§912.4-913 of the Government 18 Code. 19 20 DATED: July,2 - 1986 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 ol 25 By SHE L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Law Offices Of Stems.Smith, Walker 6 Grell —2— M Utah Street an Francisco.CA 94103 EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimants are: Edmund R. Nelson, Walter E. Nelson, Glenn Tast, Thomas Jordan, Jossie J. Nelson, Audrey Tast & Margaret Nelson c/o Broadline Corporation 81 Parr Avenue Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 81 Parr Boulevard, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000,000; plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. Jurnecka Attorney for Claimant 3505-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage- to real property, including but not - limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; (i) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt 1' SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) (Govt. Code §911. 4) JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27 I, Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to. clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Law Offices Of Stems,Smith, Welker&Grell 280 Utah Street _ ian Francisco.CA 94103 EXHIBIT B 1 address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14; 15 and 16 were not entered into the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims. Unfortunately, 17 the amendment and the notice of the Board' s action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14 , 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July,, 1986, at San Francisco, California. 30 31 32 33 Sher L. Jurnecka 34 35 36 071886/1602Bs-1 Law Offices Of Stems,Smith. Walktr 6 Grell —2— M Utah Street An Francisco,CA 94103 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015. 5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My-business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with .postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne LaRue- Single er possls.wpf APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as Governing Board of the Contra Costa County Flood BOARD ACTION Control and Water Conservation' District August 26 , 1986 Application to File Late Claim ) NOTICE TO APPLICANT g Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sec ons 911.8 and 915.4. Please note the NUKING" belwpn4, C Claimant: M�RV�V J, EOHF5 � N `/VZ oV 0/ c/o eri. urnecka 4$,1/ � Attorney; Sterns , Walker & Grell 9 6 280 Utah Street C,q Address: San Francisco, CA 941035 Amount; $1, 000, 000. 00 + By delivery to Clerk on July. 24, 1986 Date Received: July 24, * 1986 By mail, postmarked on July 22, 1986 I. FROM: Clerk of the Board of Supervisors ZOO: county,CounseT , Attached is a copy of the above noted Application to File Late Claim. DATED: July 28 , 1986 PHIL BATCHELOR, Clerk, Byo'V,_c � Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (X) The Board should deny this Application to File Late Claim (Section 911.6). i DATED,4 ) 9k CTOR WESTMAN, County Counsel, euty III. BOARD ORDER By unanimous vote of Supervisors Pres nt (Check one only) ( ) This Application is granted (Section 911.6). (�) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. 117 DATE: AUG 2 61986 PHIL BATCHELOR, Clerk, By WDeputy WAMM (Gov. Code 1911.8) If you wish to file a oourt action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your applioation ;o:, live to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediately. V. FROM: Clerk. of the Board TO: 1 County Counsel 2 County A s ra or Attached are copies of the above Application. We notifed the applicant of the Twmardls action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. AUG 2 61986 DATED: PHIL BATCHELOR, Clerk, By Deputy . V. FROM; 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM I SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code 5911. 4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, j 16 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 17 JEFFREY MARTIN, DANIEL JAMES j 18 MARTIN, HENRY BENTON, JOHN G. ) I?zc MACPHERSON, JOE ESTRADA, ) I�•�� 19 JOSEPH CORONE and BETTY LOU ) 20 CORONE, j c1�ll} � 1 Q N 21 against ) er ° �°q 22 23 CONTRA COSTA COUNTY and ) 4 CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 j 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1 . Application is hereby made for leave to present 30 these late claims under Section 911. 4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period -provided by Section 911.2 35 of the Government Code. For additional circumstances relating 36 Low Offices Of Stems,smith. —1— Wtdher&Grell 280 Utah Street in Francisco,CA 94103 1 to the cause of .action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims. 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with S§912.4-913 of the Government 18 Code. 19 20 DATED: Julyt2,- 1986 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 25 By SHEY L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Law Offices Of seems,smith. -2- Wdker&Grell 280 Utah Street m Francisco.CA 94103 EX�ZaI2 A .. PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cohen v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimants are: Marvin J. Cohen, Steven Cohen & Donna Cohen 21 Parr Boulevard Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 21 Parr Boulevard, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. J necks Attorney f Claimant 3504-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government -Code, Section 910, et seq. re: Cohen v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of• the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not - limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cohen v. Contra Costa County Flood Control District subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; (i) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for 'Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) (Govt. Code §911. 4 JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27 I, Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 tAw Offices a Scum.Smith, WNker E,Grell . ,. 280 Utah Street Fmrwnw.CA9403 EXHIBIT B 1 address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into 7 the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims. Unfortunately, 17 the amendment and the notice of the Board's action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14 , 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July, 1986, at San Francisco, California. 30 31 32 33 Sher L. Jurnecka 34 35 36 071886/1602Bs-1 Law Offices Of Seems.Smith. Walker 6 Grell —2- 280 Utah Street ian Francisco.CA 94103 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015.5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne LaRue Single possls.wpf APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT August 26 , 1986 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: MARVIN J. COHEN County Counsel c/o Sheri L. Jurnecka Attorney: Sterns , Walker & Grell JUL 4 8 1986 280 Utah Street Martinez, CA 94553 Address: San Francisco , CA 94103 Amount: $1, 000,000. 00 + By delivery to Clerk on July 24, 1986 Date Received: July 24, 1986 By mail, postmarked on July 22 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: July 28 , 1986 PHIL BATCHELOR, Clerk, By � 1�-�_�� Deputy T. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (X) The Board should deny this Application to File Late Claim (Section �911.6). DATEDcel / TOR WESTMAN, County Counsel, Byre, `J� ty III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6): (x) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: AUG 2 61986 PHIL BATCHELOR, Clerk, By ; 1 Deputy WARNING (Gov. Code 3911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this .Claim in accordance with Section 29703. DATED: AUG 2 61986 PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM ; 1 r j 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code §911. 4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) JEFFREY MARTIN, DANIEL JAMES ) RE �� 18 MARTIN, HENRY BENTON, JOHN G. ) i1 MACPHERSON, JOE ESTRADA, ) j �1PrN0 19 JOSEPH CORONE and BETTY LOU ) 20 CORONE, 21 ) C<PK4?1010,4,66, CMfI against ) BY 4 Tj`Almpot °i►a 22 CONTRA COSTA COUNTY and ) � 23 CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 26 27 TO; CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1 . . Application is hereby made for leave to present 30 these late claims under Section 911. 4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911. 2 35 of the Government Code. For additional circumstances relating 36 Lauf Offices Of Stems.Smith, —1— Walker&Grell 280 Utah Street .an Francisco,CA 94103 I to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants ' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims . 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with S§912.4-913 of the Government 18 Code. 19 20 DATED: July 2� .. 19 8 6 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 25 By SHE L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 .34 071886/1602Bs 35 36 Law Offices Of Sterns.Smith. Walker 6 Grell —2- 280 2- 280 Utah Street in Francisco.CA 94103 EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cohen v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimants are: Marvin J. Cohen, Steven Cohen & Donna Cohen 21 Parr Boulevard Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco., CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 21 Parr Boulevard, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 ShFg eri L. Yor rnecka -Attorney Claimant 3504-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cohen v. Contra Costa County THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; ' (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cohen v. Contra Costa County subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; (i) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt i 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) Govt. Code §911 . 4 JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) I 26 27 I, Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to. clerical error by our computer input operator. Our computer .33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Law offices Of Stems,Smith. Walker&Grell . . 280 Utah Street _ an Francisco.CA 94103 _ EXHIBIT B 1 address of the government entities which is necessary for the 2 processing and preparation of government claims . 3 The names of the applicants herein and loss dates of 4 February 14 , February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims. Unfortunately, 17 the amendment and the notice of the Board' s action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21. Since the 100-day period in which to present claims for 22 damages sustained on March 14, 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July,, 1986, at San Francisco, California. 30 31 32 33 Sherf L. Jurnecka 34 35 36 071886/1602Bs-1 Law Offices Of Stens.Smith, Walker s cren —2- 280 Utah Street San Francisco,CA 94103 PROOF OF SERVICE BY MAIL - CCP 1O13A, 2015.5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with .postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San- Francisco, California. nne LaRue Single possls.wpf APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as Governing Board of the Contra Costa County Flood BOARD ACTION Control and Water Conservation District August 26 , 1986 Application to File Late Claim ) NOTICE 10 APPLICANT Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the *KARNING" below. Claimant: DON14A COHEN c/o Sheri L. Jurnecka County Counsel Attorney: Sterns, Walker & Grell 280 Utah Street JUL 2 9 1986 Address: San Francisco, CA 94103 Martinez, CA 94553 Amount: $1, 000, 000. 00 + By delivery to Clerk on . July 24, 1986 Date Received: July 24, 1986 BY mail, postmarked on July 22 , 1986 I. FROM: Clerk of the Board of Supervisors 70: qty -Counsel`' Attached is a copy of the above noted Application to le Late Claim. DATED: July 28 , 1986 PHIL BATCHELOR, Clerk, By Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (� The Board should deny this Application to File Late Claim (Section 9)1.6). DATED: ))/2�hICTDR WESTMAN, County Counsel, By J e C. y III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (�( ) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: AUG 2 61986 PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code (911.8) If you Irish to file a oourt action on this matter, you must first petition the appropriate oourt for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your applioation for leave to present a late claim was denied. You may seek the advise of any attorney of your ohoioe in oonnection with this matter. If M want to oonsult an attorney, u should do so immediately. V. FROM: Clerk of the Board TO: 1 County Counsel , 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the "rd's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703• AUG 81986 DATED: PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM I SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code §911.4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) JEFFREY MARTIN, DANIEL JAMES 18 MARTIN, HENRY BENTON, JOHN G. 19 MACPHERSON, JOE ESTRADA, ) JOSEPH CORONE and BETTY LOU 20 CORONE, 21 against 22 CONTRA COSTA COUNTY and ) 4p1t6, 23 CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1. Application is hereby made for leave to present 30 these late claims under Section 911. 4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911.2 35 of the Government Code. For additional circumstances relating 36 Lbw Offices Of seems,smnh, —1— Wblker 6 Grell 280 Utah Street in francium.CA 94103 1 to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims. 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with §5912.4-913 of the Government 18 Code. 19 20 DATED: July�� 1986 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 By 01 25 SHE L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Law Offices Of sem.Smith. -2- Walker G Grell 280 Utah Street to Francisco.CA 941o3 EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cohen v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimants are: Marvin J. Cohen, Steven Cohen & Donna Cohen 21 Parr Boulevard Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 21 Parr Boulevard, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. J necka Attorney fcFr Claimant 3504-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cohen v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, -said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not - limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cohen v. Contra Costa County Flood Control District subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; ( i) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) (Govt. Code §911. 4 JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, j 18 JEFFREY MARTIN, DANIEL JAMES j 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT j 26 27 I, Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 LaM,Offices Of w.Hcer E Greu 280 Utah Street _ in Fmrmm,CA 94103 — EXHIBIT B address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 1.1 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims . Unfortunately, 17 the amendment and the notice of the Board's action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14, 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that' the foregoing is true and correct. 29 Executed on July,, 1986, at San Francisco, California. 30 31 32 33 Sherr L. Jurnecka 34 35 36 071886/1602BS-1 LW Offices Of Stems,smith, Walker E Grell —2- 280 Utah Street ian Francisco.CA 94103 PROOF OF SERVICE BY MAIL - CCP 1O13A, 2015.5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July .22, 1986, at San Francisco, California. nne La ue Single possls.wpf 4. - . . APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT August 26 , 1986 Against the County, Routing ) The copy of this document mailed to you is your, Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: DONNA COHEN County c/o Sheri L. Jurnecka y Counsel Attorney: Sterns , Walker & Grell 280 Utah .Street JUL 2 8 1986 Address: San Francisco, CA 94103 M81ti 11@Z. CA 94553 Amount: $1, 000, 000. 00 + By delivery to Clerk on July 24, 1986 Date Received: July 24, 1986 By mail, postmarked on Jud 22 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County.Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: July 28 , . 1986 PHIL BATCHELOR, Clerk, By Yy�c� Deputy L. Hall II. FROM: County Counsel. TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (� The Board should deny this Application to File Late Claim (Section 11.6). DATED c2,7 19TOR WESTMAN, County Counsel, Bd • y III. BO ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (X) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE. AUG 2 6 1%6 PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code (911.8) If you Wish to file a court action on this matter, you must first petition the appropriate court for an .order relieving you from the provisions of Goverment Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed With the court Within six (6) months from the date your application for leave to present a late claim Was denied. You may seek the advise of any attorney of your choice in connection With this matter. . If you Want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board TO: 1 County Counsel 2 County A nistrator Attached are copies of the above Application. We notifed the applicant of the Boards action on this Application by mailing a copy of this document, and a memo thereof nas igen filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED. AUG 2 6 PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code §911. 4 EDMUND R. NELSON, WALTER E. j 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) JEFFREY MARTIN, DANIEL JAMES ) 18 MARTIN, HENRY BENTON, JOHN G. ) C,�ixt) 19 MACPHERSON, JOE ESTRADA, ) YV JOSEPH CORONE and BETTY LOU J(l� IoS� 20 CORONE, �C4� . 21 against ) er'.,.r"" NO �GYA- 22 j ... �1 CONTRA COSTA COUNTY and 23 CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT 28 29 1 . Application is hereby made for leave to present 30 these late claims under Section 911. 4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage•, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911. 2 35 of the Government Code. For additional circumstances relating 36 Law Offices Or Sterns.Smith, —1— Walker 6 Grell 280 Utah Street San Francisco,CA 94103 r 1 to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants ' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14 , 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims. 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached .claims be received and 17 acted upon in accordance with §5912.4-913 of the Government 18 Code. 19 20 DATED: July2�, 1986 21 LAW OFFICES OF 22 STERNS , WALKER & GRELL 23 24 By 25 SHEY L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Law Offices Of Stems.Smith, Walker G Grell —2- 280 2- 280 Utah Street in Francisco,CA 94103 �� �XxIBZ2 A s PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cohen v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimants are: Marvin J. Cohen, Steven Cohen & Donna Cohen 21 Parr Boulevard Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 21 Parr Boulevard, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 lop 0& Sheri L. XorClaimant rnecka Attorney 3504-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cohen v. Contra Costa County THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not .limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; * (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cohen v. Contra Costa County subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; (i) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) (Govt. Code 9911. 4 JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27 I , Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to. clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Law Offices Of Stems,Smith, Walker G Grell . 260 Utah Street en Francisco.CA 94103 EXHIBIT B I address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14 , 15 and 16 were not entered into 7 the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another .attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims. Unfortunately, 17 the amendment and the notice of the Board' s action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14 , 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July,, 1986, at San Francisco, California. 30 31 32 33 Sherf L. Jurnecka 34 35 36 071886/1602Bs-1 Law Offices Of Stems,Smith, Walker G Grell —2- 280 Utah Street an Francisco,CA 94103 PROOF OF SERVICE BY MAIL - CCP 1O13A, 2015. 5 I declare that: I am employed in the City & County of San Francisco, California. I .am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with .postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne LaRue Single possls.wpf APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as Governing Board of the Contra Costa County Flood BOARD ACTION Control and Water Conservation District Au ust 26 1986 Application to File Late Claim ) NOTICE TO APPLICANT g Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the *WARNING" below. Claimant: STEVEN COHEN c/o Sheri L. Jurnecka "' CDUh8e1 Attorney: Sterns , Walker & Grell JUL 280 Utah Street - 2 3 1986 Address: San Francisco , CA 94103 �817�OetCAg� Amount; $1, 000,000. 00 + By delivery to Clerk on July 24; 198b Date Received: July 24 , 1986 By mail, postmarked on July 22 , 1986 I. FROM: Clerk of the Board of Supervisors TO: tq-j of sel , Attached is a copy of the above noted Application to File Late Claim. DATED: July 28 , 1986 PHIL BATCHELOR, Clerk, By puty L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (K) The Board should deny this Application to File Late Claim (Section 911.6). DATED cV,,/9&�VICTOR WESTMAN, County Counsel, y III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (x) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: AUG 2 6 M PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 1911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you fr n the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice In. connection with this matter. It you want to consult an attorney, u should do so Immediately. V. FROM: Clerk. of the Board TO: 1 . County Counsel 2 County A nis ra or Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben tiled and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: AUG 2 61986 PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM I SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7. 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code §911. 4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) JEFFREY MARTIN, DANIEL JAMES ) 18 MARTIN, HENRY BENTON, JOHN G. MACPHERSON, JOE ESTRADA, 19 JOSEPH CORONE and BETTY LOU 20 CORONE, cepa ' t cw against ) NY a... �e � 22 ) 23 CONTRA COSTA COUNTY and ) CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1 . Application is hereby made for leave to present 30 these late claims under Section 911.4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911.2 35 of the Government Code. For additional circumstances relating 36 Law Offices Of Stems.Smith, Welker 6 Gal -1 280 Utah Street kn Francisco.CA 94103 I to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims . 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with SS912.4-913 of the Government 18 Code. 19 20 DATED: July2� 1986 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 By 0. 25 SHEY L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Law offices of Sk"s,smith. -2- Walker&Gren 280 Utah Street in Francisco.CA 94103 EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cohen v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimants are: Marvin J. Cohen, Steven Cohen & Donna Cohen 21 Parr Boulevard Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 21 Parr Boulevard, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. J1#necka Attorney fdr Claimant 3504-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cohen v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not -limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cohen v. Contra Costa County Flood Control District subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants ' family; (i ) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) (Govt. Code 5911. 4 JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD 25 CONTROL DISTRICT ) 26 27 I, Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Law Offices Of sterns,smith. Walker 6 Grell . . 280 Utah Street _ an Frar nsw.CA 94103 EXHIBIT B I address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into 7 the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims. Unfortunately, 17 the amendment and the notice of the Board' s action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14, 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July,, 1986, at San Francisco, California. 30 31 32 33 Sberf L. Jurnecka 34 35 36 071886/1602Bs-1 Law Offices Of Stems.Smith. Walker 6 Grell —2- 280 Utah Street 4n Francisco,CA 94103 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015.5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne La ue Single ?1F possls.wpf APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT August 26 , 1986 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: STEVEN COHEN County Counsel c/o Sheri L. Jurnecka Attorney: Sterns , Walker & Grell JUL 2 8 1986 280 Utah Street Martinez, CA 84553 Address: San Francisco, CA 94103 Amount: $1,000, 000. 00 + By delivery to Clerk on July 24, 1986 Date Received: July 24, 1986 By mail, postmarked on July 22 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to CFiilleLaate Claim. DATED: July 28 , 1986 PHIL BATCHELOR, Clerk, By Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (x) The Board should deny this Application to File Late Claim (Section 11.6). DATED• L CTOR WESTMM, County Counsel, Bic, L< L III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (X ) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: AUG 2 61986 PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board TO: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof Inas uen filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: AUG 2 6 1986 PHIL BATCHELOR, Clerk, By � Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM - i 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code 5911. 4) EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) JEFFREY MARTIN, DANIEL JAMES ) 18 MARTIN, HENRY BENTON, JOHN G. )MACPHERSON, JOE ESTRADA, )19 JOSEPH CORONE and BETTY LOU20 CORONE, li:v 21 against )22CONTRA COSTA COUNTY and 23 CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1 . Application is hereby made for leave to present 30 these late claims under Section 911. 4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911. 2 35 of the Government Code. For additional circumstances relating 36 Law Offices Of Stems,Smith, —1— Walker 6 Grell 280 Utah Street in Francisco.CA 94103 • r 1 to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims . 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with §§912. 4-913 of the Government 18 Code. 19 20 DATED: July 1986 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 01 25 By yz���.-� -- SHEY L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Law Offices Of Stems.Smith, Walker G Grell —2- 280 2- 260 Utah Street n Francisco.CA 94103 EXHIBIT A I PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cohen v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimants are: Marvin J. Cohen, Steven Cohen & Donna Cohen 21 Parr Boulevard Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 21 Parr Boulevard, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 06 Sheri L. J rnecka Attorney or Claimant 3504-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cohen v. Contra Costa County THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cohen v. Contra Costa County subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; (i) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) (Govt. Code §911. 4 JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27 I, Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 . The reason that timely claims were not presented was due 32 to clerical error by our computer input operator. Our computer 33 System includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Law offices Of Stems,Smith, Walker&Grell 280 Utah Street _ n Francisco,CA 94103 EXHIBIT B 1 address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14 , 15 and 16 were not entered into 7 the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent to dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims. Unfortunately, 17 the amendment and the notice of the Board' s action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14 , 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July, 1986, at San Francisco, California. 30 31 32 33 Sher L. Jurnecka 34 35 36 071886/1602Bs-1 Law Offices Of Stems,Smith, Walker&Grell —2- 280 Utah Street an Francisco,CA 94103 PROOF OF SERVICE BY MAIL - CCP 1O13A, 2015.5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne La ue Single possls.wpf APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT August 26, 1986 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Coy.. Claimant: EDMUND R. NELSON c/o Sheri L. Jurnecka JUL 40 Attorney: Sterns , Walker & Grell 280 Utah Street Mertz , GA Address: San Francisco, CA 94103 Amount: $1, 000$ 000. 00 + By delivery to Clerk on July 24, 1986 Date Received: July 24, 1956 By mail, postmarked on July 22 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: July 28 , 1986 PHIL BATCHELOR, Clerk, By Deputy L. Hal II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). ( ) The Board should deny this Application to File Late Claim (Section 911.6). DATED. '� / t�CTOR WESTMAN, County Counsel, arty III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (X) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: AUG 2 61986 PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must .first petition the appropriate court for an order relieving you from the provisions- of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County A nistrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: AUG 2 6 196 PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM 1 SHERI L. JURNECKA- 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, j TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code §911. 4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) JEFFREY MARTIN, DANIEL JAMES ) 18 MARTIN, HENRY BENTON, JOHN G. ) Q V MACPHERSON, JOE ESTRADA,19 JOSEPH CORONE and BETTY LOU20 CORONE,21 C[�q O�Ckfagainst er �0"22CONTRA COSTA COUNTY and 23 CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1 . Application is hereby made for leave to present 30 these late claims under Section 911. 4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911. 2 of the Government Code. For additional circumstances relating 35 36 Law Offices Of Stems,Smith, —1— Welker&Grell 280 Utah Street an Francisco,CA 94103 1 to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants ' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14 , 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims . 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with §§912.4-913 of the Government 18 Code. 19 20 DATED: July 2f,- 19 8 6 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 01 -Y!,a 25 By SHE L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Law Offices Of Stems.Smith, Walker 6 Greif —2— M Utah Street ;an Francisco.CA 94103 EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimants are: Edmund R. Nelson, Walter E. Nelson, Glenn Tast, Thomas Jordan, Jossie J. Nelson, Audrey Tast & Margaret Nelson c/o Broadline Corporation 81 Parr Avenue Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 81 Parr Boulevard, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages •and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000,000; plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. Jurnecka Attorney for Claimant 3505-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et, seq. re: Nelson v. Contra Costa County THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not - limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re; Nelson v. Contra Costa County subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; (i) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt I SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) (Govt. Code §911. 4 JORDAN, . JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27 I, Sheri L. Jurnecka, declare: . 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to. clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Law offices Of Stems,Smith, Walker&Crell . 280 Utah Street _ _ -an Francisco.CA 94103 EXHIBIT B 1 address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into 7 the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent to dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims. Unfortunately, 17 the amendment and the notice of the Board's action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14, 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July, 1986 , at San Francisco, California. 30 31 32 33 Sher L. Jurnecka 34 35 36 071886/1602Bs-1 Law Offices Of Stems,Smith, Walker&Grell —2— M Utah Street an Francisco.CA 94103 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015. 5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with .postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne LaRue Single possls.wpf /-10 APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as Governing Board of the :Contra Costa County Flood BOARD ACTION Control and Water Conservation' District August 26 1986 Application to File Late Claim ) NOTICE TO APPLICANT g Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the *WARNING" below. County Counsel Claimant: EDMUND R. NELSON c/o Sheri L. Jurnecka JUL ti 9 1986 Attorney: Sterns, Walker & Grell 280 Utah Street Martinez, CA 94553 Address: San Francisco, CA 94103 Amount: $1 , 000 ,000 . 00 + By delivery to Clerk on July 24, 1986 Date Received: July 24, 1986 By mail, postmarked on July 22 , ' 1986 I. FROM: Clerk of the Board of Supervisors 70: Pounty Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: July 23 , 1986 PHIL BATCHELOR, Clerk, By _/ Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). The Board should deny this Application to File Late Claim (Section 911.6). DA / &�VICTOR WESTMAN, County Counsel, By�O I. BOARD ORDER By unanimous .vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). Q() This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: AUG 2 61986 PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 1911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you fram the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of .any attorney of your choice in ommection with this matter. If Z2u want to consult an attorney, u should do so immediately. IV. FROM: Clerk.of the Board TO: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: AUG 2 61986 PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM I SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code §911. 4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) JEFFREY MARTIN, DANIEL JAMES 18 MARTIN, HENRY BENTON, JOHN G. 19 MACPHERSON, JOE ESTRADA, ) Y JOSEPH CORONE and BETTY LOU 20 O ) JU� 1°S6 C 21 against 22 CONTRA COSTA COUNTY and ) �•.. 23 CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1 . Application is hereby made for leave to present 30 these late claims under Section 911 . 4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911 .2 35 of the Government Code. For additional circumstances relating 36 Lew Offices Of Stems.Smith, —1— Walker&Grell 280 Utah Street ,an Francisco.CA 94103 1 to the cause of action, reference is made to' the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants ' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any .9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims. 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with §§912.4-913 of the Government 18 Code. 19 20 DATED: Julyg2r- 1986 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 25 By SHE L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Law Offices Of Stems,Smith, Walker&Grell —2- 280 Utah Street ian Francisco,CA 94103 EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the- State of California, claimants claim damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimants are: Edmund R. Nelson, Walter E. Nelson, Glenn Tast, Thomas Jordan, Jossie J. Nelson, Audrey Tast & Margaret Nelson c/o Broadline Corporation 81 Parr Avenue Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San 'Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 81 Parr Boulevard, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000,000; plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. Jurnecka Attorney for Claimant 3505--A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: ( a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County Flood Control District subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; (i) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) (Govt. Code §911 . 4 JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE. ESTRADA, ) . 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT - 26 ISTRICT 26 27 I , Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Law offices O1 Stems,Smith, Walker 6 Grell . . 280 Utah Street _ ian Francisco,CA 94103 EXHIBIT B 1 address of the government entities which is necessary for the 2 ' processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14 , February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into 7 the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before- this office had received 16 notification of any Board action on these claims. Unfortunately, 17 the amendment and the notice of the Board's action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14 , 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July, 1986, at San Francisco, California. 30 31 32 33 Sher L. Jurnecka 34 . 35 36 071886/1602Bs-1 Law Offices Of Stems,Smith. Walker&Grell —2- 280 Utah Street ian Francisco,CA 94103 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015. 5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with .postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed. as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne LaRue Single possls.wpf APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as Governing Board of the Contra Costa County .Flood BOARD ACTION Control and Water Conservation District August 26 , 1986 Application to File Late Claim ) NOTICE TO APPLICANT Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the wi1ARNING" below. Claimant: JOHN G. MACPHERSON CC4144CCVmei c/o Sheri L. Jurnecka Attorney: Sterns , Walker & Grell JUL ^ 19ao 280 Utah Street Address: San Francisco, CA 94103 Martino:, CA 94553 Amount: $1, 000, 000. 00 + By delivery to Clerk on July 24, 1986 Date Received: July 24, 1986 By mail, postmarked on July 22 , 1986 I. FROM: Clerk of the Board of Supervisors TO: T. y-.40unsel Attached is a copy of the above noted Application to File Late Claim. DATED: July 28 , 1986 PHIL BATCHELOR, Clerk, By Deputy L. Hall II. FROM: County Counsel T0: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). ( The Board should deny this Application to File Late Claim (Section 911.6). DATED. -,*ICTOR WESTMAN, County Counsel, III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( -) This Application is granted (Section 911.6). ON This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: AUG 2 61986 PHIL BATCHELOR, Clerk, ByDwx�� eputy WARNING (Gov. Code 5911.8) If you wish to file a oourt action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application f:.r leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If M want to consult an attorney, u should do so Immediately. V. FROM: Clerk-of the Board TO: 1 County Counsel 2 County A nis ra r Attached are copies of the .above Application. We notifed the applicant of the P ard's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. AUG 2 61986 DATED: PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM I SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM j OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO. PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code §911. 4 EDMUND R. NELSON, WALTER E. j 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) JEFFREY MARTIN, DANIEL JAMES ; ^� 18 MARTIN, HENRY BENTON, JOHN G. ` 1Vet, MACPHERSON, JOE ESTRADA, ) Y 19 JOSEPH CORONE and BETTY LOU ) 20 CORONE, ) JUL`"7` 1 8 21 kkul against ) er . � GYA- 22 ) • .. 23 CONTRA COSTA COUNTY and ) r CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1 . Application is hereby made for leave to present 30 these late claims under Section 911. 4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911. 2 35 of the Government Code. For additional circumstances relating 36 Law Offices Of Sams,Smith, —1— Walker 6 Grell 280 Utah Street ;an Francisco,CA 94103 1 to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants ' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. .Jurnecka, attached hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims . 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with §§912. 4-913 of the Government 18 Code. 19 20 DATED: July gg - 1986 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 25 By SHEY L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Law Offices Of Stems,Smith, Walker 6 Grell —2- 280 Utah Street an Francisco.CA 94103 EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: MacPherson v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: John G. MacPherson c/o Luckicup Co. 1850 Garden Tract Road Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 1850 Garden Tract Road, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 Sheri L. J necks Attorney f r Claimant 3511-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section .910, et seq. re: MacPherson v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not -limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: MacPherson v. Contra Costa County Flood Control District subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys ' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcim.rpt I SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah ,Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) (Govt. Code §911 . 4) JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27 I, Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Law offices 01 Sterns,smrtn, Welker&Grell . 280 Utah Street _ _ ;an Francisco,CA 94103 EXHIBIT B 1 address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into 7 the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims. Unfortunately, 17 the amendment and the notice of the Board' s action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14 , 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July,, 1986, at San Francisco, California. 30 31 32 33 Sherr L. Jurnecka 34 35 36 071886/1602Bs-1 Law Offices Of Stems,Smith, Walker G Grell —2- 280 Utah Street ian Francisco,CA 94103 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015. 5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne LaRue Single possls.wpf APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT August 26 , 1986 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government. Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. County Counsel Claimant: JOHN G. MACPHERSON Attorney: c/o Sheri L. Jurnecka JUL 2 8 1986 Sterns , Walker & Grell Martinet, CA 94553 Address; 280 Utah Street San Francisco, CA 94103 Amount: $1, 000, 060. 00 + By delivery to Clerk on July 24, 1986 Date Received: July 24, 1986 By mail, postmarked on July 22 , 1986 I. FROM: Clerk of the Board of Supervisors TO: . County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: July 25 , 198IL BATCHELOR, Clerk, By Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). The Board should deny this Application to File Late Claim (Section 911.6). DATED: ,?&ICTOR WESTMAN, County Counsel, III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (x) This Application to File Late Claim is denied (Section 911.6). I. certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: AUG 2 61986 PHIL BATCHELOR, Clerk, By Deputy t WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board TO: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: AUG 2 61986 PHIL BATCHELOR, Clerk, ByZDeputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. j APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code §911.4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) JEFFREY MARTIN, DANIEL JAMES j X"C.18 MARTIN, HENRY BENTON, JOHN G. MACPHERSON, JOE ESTRADA, 19 JOSEPH CORONE and BETTY LOU 20 CORONE, 21 against ) er 22 ) A 23 CONTRA COSTA COUNTY and ) CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1. Application is hereby made for leave to present 3o these late claims under Section 911.4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911.2 35 of the Government Code. For additional circumstances relating 36 Law Offices Of Stems,Smith, —1— Walker&Gra 280 Utah Street in Francisco,CA 94103 I to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants ' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached .hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims . 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in accordance with §§912. 4-913 of the Government 18 Code. 19 20 DATED: July 2_ - 19 8 6 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 25 By SHEY L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Law Offices Of Stems,Smith. Walker G Grell —2- 2W Utah Street an Francisco.CA 94103 EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: MacPherson v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: John G. MacPherson c/o Luckicup Co. 1850 Garden Tract Road Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 1850 Garden Tract Road, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 04 S eri L. Jur ecka Attorney fo Claimant 3511-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: MacPherson v. Contra Costa County THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not - limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: MacPherson v. Contra Costa County subsequent contamination, mold and decomposition during the flood and escape. efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of claimant' s spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and . (n) Damages for other injuries which are not presently known. nrandclm.rpt I SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) (Govt. Code §911. 4) JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21' CORONE, ) ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27 I, Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 30 California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to. clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34 Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Law Offices Of Stems,Smith, Walker G Grell . 280 Utah Street _ an Francisco.CA 94103 EXHIBIT B I address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14 , 15 and 16 were not entered into 7 the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent 10 dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims. Unfortunately, 17 the amendment and the notice of the Board' s action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14 , 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July,, 1986, at San Francisco, California. 30 31 32 33 Sher L. Jurnecka 34 35 36 071886/1602Bs-1 Law Offices Of Stems.Smith, —2— Welker 6 Grell 280 Utah Street in Francisco.CA 94103 PROOF OF SERVICE BY MAIL - CCP 1O13A, 2015.5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My--business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM on the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne La ue Single possls.wpf APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT August 26, 1986 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the *WARNING" below. Claimant: AUDMY TAST County Counsel c/o Sheri L. Jurnecka Attorney: Sterns , Walker & Grell JUL 2 8 1986 280 Utah Street Address: San Francisco, CA 94103 Martinet, CA 94553 Amount: $1, 000, 000. 00 + By delivery to Clerk on July 24 , 1986 Date Received: July 24, 1986 By mail, postmarked on July 22 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim,. DATED: July 28 , 1986 PHIL BATCHELOR, Clerk, By V elf.�'�e� Deputy L. Nall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). The Board should deny this Application to File Late Claim (Section 9 1.6). DATED9CTOR WESTMAN, County Counsel, B4:Z \ ty III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (�( ) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: AUG 2 61986 PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions- of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in oonnection with this matter. If you want to consult an attorney, u should do so immediately. W. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703• DATED: AUG 2 61986 PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9' 10 11 IN THE MATTER OF THE CLAIM ) OF RICHARD KARNES. DELORES J. ) APPLICATION FOR LEAVE 12 KARNES, MARVIN J. COHEN, ) TO PRESENT LATE CLAIM 13 STEVEN COHEN, DONNA COHEN, ) Govt. Code 5911. 4 EDMUND R. NELSON, WALTER E. ) 14 NELSON, GLENN TAST, THOMAS ) 15 JORDAN, JOSSIE J. NELSON, ) AUDREY TAST, MARGARET NELSON, ) 16 HERMAN E. MARTIN, CATHERINE A. ) 17 MARTIN, RONALD J. MARTIN, ) ` JEFFREY MARTIN, DANIEL JAMES 18 MARTIN, HENRY BENTON, JOHN G. 19 MACPHERSON, JOE ESTRADA, ) V JOSEPH CORONE and BETTY LOU ) `/ul�7i/ 20 CORONE, ) --� 98r CLP 21 against ) °y ,,,...��A�lEoR 1 22 ) c CONTRA COSTA COUNTY and ) 23 CONTRA COSTA COUNTY FLOOD ) 24 CONTROL DISTRICT ) 25 ) 26 27 TO: CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL 28 DISTRICT 29 1 . Application is hereby made for leave to present 30 these late claims under Section 911. 4 of the Government Code. 31 These claims are founded on a cause of action for personal 32 injuries and property damage, both real and personal, which 33 accrued on March 14, 15 and 16, 1986, which claims were not 34 presented within the 100-day period provided by Section 911 . 2 35 of the Government Code. For additional circumstances relating 36 Law Offices Of Stems,Smith, —1— Walker 6 Grell 280 Utah Street an Francisco,CA 94103 I to the cause of action, reference is made to the proposed 2 claims attached hereto as Exhibit A and made a part hereof. 3 2. The reason for delay in presenting these claims 4 is the inadvertence, mistake and excusable neglect of the 5 claimants' attorneys and their staff, as set forth in the 6 Declaration of Sheri L. Jurnecka, attached .hereto as Exhibit B 7 and made a part hereof. CONTRA COSTA COUNTY and the CONTRA 8 COSTA COUNTY FLOOD CONTROL DISTRICT are not prejudiced in any 9 way by this failure, in that these claimants have already 10 filed timely claims relating to the same circumstances and 11 occurrences as those which ultimately caused damage to be 12 sustained on March 14, 15 and 16, thus putting CONTRA COSTA 13 COUNTY and CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT on 14 notice of the events giving rise to these claims . 15 WHEREFORE, it is respectfully requested that this 16 application be granted and the attached claims be received and 17 acted upon in -accordance with §§912. 4-913 of the Government 18 Code. 19 20. DATED: July��, 19 8 6 21 LAW OFFICES OF 22 STERNS, WALKER & GRELL 23 24 25 By SHEY L. JURNECKA 26 Attorneys for Claimants 27 28 29 30 31 32 33 34 071886/1602Bs 35 36 Law Offices Of Stems,Smith, Walker G Grell —2- 280 2-280 Utah Street en Francisca.CA 94103 EXHIBIT A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimants are: Edmund R. Nelson, Walter E. Nelson, Glenn Tast, Thomas Jordan, Jossie J. Nelson, Audrey Tast & Margaret Nelson c/o Broadline Corporation 81 Parr Avenue Richmond, CA 94801 2. The address to which notices are to be sent is: Sheri L. Jurnecka STERNS, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about March 14, 15, & 16, 1986 at 81 Parr Boulevard, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000,000; plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 211 1986 Sheri L. Jurnecka Attorney for Claimant 3505-A PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County THE BASIS OF THE CLAIM Claimants sustained physical and emotional injuries and property damage, both real and personal, on or about March 14, 15, & 16, 1986, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimants for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimants. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) , Damage to personal property, including but not limited to the loss' of enjoyment, use, income and repair expense; (c) Expense. of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and PROPOSED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson v. Contra Costa County subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of the adult claimants' spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimants' family; (i) Expense for medical services incurred in the treatment of claimants' physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrandcl2.rpt 1 SHERI L. JURNECKA 2 LAW OFFICES OF 3 STERNS, WALKER & GRELL 280 Utah Street 4 San Francisco, CA. 94103 5 (415) 626-1000 6 Attorneys for Claimants 7 8 9 10 11 IN THE MATTER OF THE CLAIM ) 12 OF RICHARD KARNES, DELORES J. ) 13 KARNES, MARVIN J. COHEN, ) DECLARATION OF SHERI L. JURNECKA STEVEN COHEN, DONNA COHEN, ) IN SUPPORT OF APPLICATION FOR 14 EDMUND R. NELSON, WALTER E. ) LEAVE TO PRESENT LATE CLAIMS 15 NELSON, GLENN TAST, THOMAS ) (Govt. Code §911 . 4 JORDAN, JOSSIE J. NELSON, ) 16 AUDREY TAST, MARGARET NELSON, ) 17 HERMAN E. MARTIN, CATHERINE A. ) MARTIN, RONALD J. MARTIN, ) 18 JEFFREY MARTIN, DANIEL JAMES ) 19 MARTIN, HENRY BENTON, JOHN G. ) MACPHERSON, JOE ESTRADA, ) 20 JOSEPH CORONE and BETTY LOU ) 21 CORONE, ) 22 against ) 23 ) CONTRA COSTA COUNTY and ) 24 CONTRA COSTA COUNTY FLOOD ) 25 CONTROL DISTRICT ) 26 27 I, Sheri L. Jurnecka, declare: 28 29 I am an attorney licensed to practice law in the State of 3o California and represent the applicants herein. 31 The reason that timely claims were not presented was due 32 to. clerical error by our computer input operator. Our computer 33 system includes a Client Database and an Entity Database. The 34. Client Database lists the name, address, dates of loss, and other 35 information on the client. The Entity Database lists the name and 36 Law offices Of Stems,Smith, Walker 6 Orel) . -. 280 Utah Street _ en Francisco,CA 94103 EXHIBIT B 1 address of the government entities which is necessary for the 2 processing and preparation of government claims. 3 The names of the applicants herein and loss dates of 4 February 14, February 18 and March 10 were entered into the Client 5 Database, but due to clerical error, inadvertence and oversight the 6 additional loss dates of March 14, 15 and 16 were not entered into 7 the computer, so the claims ultimately printed on behalf of these 8 clients and presented to Contra Costa County and the Contra Costa 9 County Flood Control District did not include those subsequent to dates. 11 As soon as the error was discovered, Jeanette K. Shipman, 12 another attorney then working in this office, attempted to amend 13 those claims already presented to include these additional dates of 14 loss. This attempted amendment was by means of a letter deposited 15 in the mail on June 24, 1986, before this office had received 16 notification of any Board action on these claims. Unfortunately, 17 the amendment and the notice of the Board' s action crossed in the 18 mail, as this office was subsequently informed that final action on 19 these claims had been taken on June 24, and our attempted amendment 20 was thus untimely. 21 Since the 100-day period in which to present claims for 22 damages sustained on March 14 , 15 and 16 had expired, I prepared an 23 presented this application and the supporting papers as soon as 24 possible after receiving notification that our attempted amendment 25 was unsuccessful. 26 These matters are all within my own personal knowledge, 27 and I am competent to testify thereto. I declare under penalty of 28 perjury that the foregoing is true and correct. 29 Executed on July, 1986, at San Francisco, California. 30 31 32 33 Sherr L. Jurnecka 34 35 36 071886/1602Bs-1 Law Offices Of Stems,Smith, Walker&Grell —2- 280 Utah Street in Francisco.CA 94103 PROOF OF SERVICE BY MAIL - CCP 1O13A, 2015.5 I declare that: I am employed in the City & County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause. My-business address is 280 Utah Street, San Francisco, California, 94103. On July 22, 1986 I served the within APPLICATION FOR LEAVE TO PRESENT LATE CLAIM -n the entity stated below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Contra Costa County Flood Control District Contra Costa County Clerk of the Board Clerk of the Board 651 Pine Street, Room 106 651 Pine Street Martinez, CA 94553 Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on July 22, 1986, at San Francisco, California. nne LaRue Single possls.wpf