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HomeMy WebLinkAboutMINUTES - 08051986 - 1.17 AMENDED 1,17' 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 5 , 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". County Counsel CLAIMANT: RONALD J . MARTIN ATTORNEY: C/o Sheri L. Jurnecka JUL 2 5 1986 Sterns , Walker & Grell CA 94533 ADDRESS: 280 Utah Street Date received martinet, San Francisco, CA 94103 BY DELIVERY TO CLERK ON: July 23 , 1986 BY MAIL POSTMARKED: July 22 , 1986 i. FROM: Clerk of the Board of Supervisors TO: ,;County;; qunsel. Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK DATED: July 24, 1986 BY: Deputy L t�� 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. a , L6 By: ��-` /L n L C eX Dep&y_.tounty Counsel /117 III. FROM: ClerY of th 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. ( X) Other: Portion of claim as amended not previously returned as untimely is rejecteT in u I certify that this is a true and correct copy of the Board's Order �tei,, its minutes for this date. Dated: AUG 5 1986 PHIL BATCHELOR, Clerk, B .. 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 Of 280 Utah Street Sterns, Smith, Walker, San Francisco, California 94103 Pesonen 6 Grell (415) 626-1000 Gerald C. Sterns Thomas G. Smith Elizabeth W. Walker Walter H. Walker III David E. Pesonen Christopher E. Grell Jeanette K. Shipman `= James Paul Collins July 22, 1986 Virgil James Wilson III Shelley L. Coleman Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez , CA 94553 Re: Amended Claims To the Clerk: Enclosed are eight amended claims, which claims have previously been filed with your office . Also enclosed is a self-addressed and postage-paid envelope for your convenience in returning a copy of these claims to us. Please indicate the date received on the copy before you return them. Thank you. icyretaurvy/Sterns ry yours nne La ue Single Office sls enclosures •072286/3500x .AMENDEDI CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as Governing Board of the Contra Costa County Flood Control and Water Conservation District BOARD ACTION Claim Against the County, or District governed by) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Augtis t 5 , 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". County CiGUn8eI CLAIMANT: RONALD J . MARTIN ATTORNEY: c/o Sheri L. Jurnecka JUL 2 11986 Sterns , Walker & Grell Martinez, CA 84553 ADDRESS: 280 Utah Street Date received San Francisco , CA 94103 BY DELIVERY TO CLERK ON: July 23 , 1986 BY MAIL POSTMARKED: July 22 , 1986 I. FROM: Clerk of the Board of Supervisors TO: CoOty:Counse.l. Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK DATED: July 24, 1986 BY: Deputy L. hall 1I. 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: t V��l LLQ'-C���OepJuty 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. ( X) other: Portion of claim as amended not previously returned as untimely is rejected in full . I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: AUG~ 5 16 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov, code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally•terved or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator Law offices Of 280 Utah Street Sterns, Smith, Walker, San Francisco, California 94103 Pesonen & Grell (415) 626-1000 Gerald C. Sterns Thomas G. Smith Elizabeth W. Walker Walter H. Walker III David E. Pesonen Christopher E. Grell Jeanette K. Shipman James Paul Collins July 2 2, 1986 Virgil James Wilson III Shelley L. Coleman Contra Costa County Flood Control District Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Re: Amended Claims To the Clerk: Enclosed are eight amended claims, which claims have previously been filed with your office . Also enclosed is a self-addressed and postage-paid envelope for your convenience in returning a copy of these claims to us. Please indicate the date received on the copy before •.you return them. Thank you. Very ly " yours , z nne LaRue Singleton S retary/Sterns Offic sls enclosures 072286/3500X AMENDED 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 1.7, 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 RECEIVED Sheri L. Ju ecka ��j Attorney f Claimant 3507-A `�u�" '" 1,�� K pyckgLOR S hr AMENDED 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 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 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 AMENDED 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 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015.5 I declare that: I am employed in the City and 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 July2X, 1986, I served the within Amended C1aim. For Personal Injuries, Property Damage and Equitable Relief 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 651 Pine Street 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 21*, 1986, at San Francisco, California. AT— u nne LaRue Sin ton possls.rpt LAW Offices Of Stems,Smith,Walker 6 Grell 280 Utah Sb eet San Francisco,California 94103 Gerald C.sterns (415)6261000 Thomas G.Smith June 24, 1986 Teles 67 543 GCS SFCI Elizabeth W.Walker • Walter H.Walker 111 'Christopher E Grell Jeanette K Shiprnan James Paul Collins William H.Curtiss 01 Virgil James Wilson III Shelley L Coleman Andrew Vincent AJderCity of San PabloC�f City Clerk 1 v •rT1 One Alvarado Square JUN �/ (� San Pablo, CA 94806 4 1986 QK Contra Costa County✓ ey a°t o T U oR Clerk of the Board 651 Pine Street, Room 106 Martinez, CA 94553 East Bay Municipal Utilities District c/o Tom Nordin, Risk Manager 2130 Adeline Street, Room 115 Oakland, CA 94623 Contra Costa County Flood Control District Contra Costa County 651 Pine Street Martinez, CA 94553 San Francisco Bay Conservation & Development Commission Alan R. Pendleton, Administrator 30 Van Ness Avenue, Room 2011 San Francisco, CA 94102 State of California Department of Water Resources c/o State Board of Control 770 L Street, Suite 850 Sacramento, CA 95812 City of Richmond 2600 Barrett Avenue Richmond, CA 94804 Hawaii Office:Sterns&Ingram,Grosvenor Center,Honolulu 96813 (808)52B-1900 Page Two June 24 , 1986 West Contra Costa Sanitary District Attn: Dora Holder 2910 Hilltop Drive Richmond, CA 94806 Re: Claims of Richard Karnes, Dolores J. Karnes, Marvin J. Cohen, Steven Cohen, Donna Cohen, Edmund R. Nelson, Walter E. Nelson, Glenn Tast, Thomas Jordan, Jossie J. Nelson, Audrey Tast, Margaret Nelson, Herman E. Martin, Catherine A. Martin, , Ronald J. Martin, Jeffrey Martin, Daniel James Martin, Henry Benton, John G. MacPherson, Joe Estrada, Joseph Corone, & Betty Lou Corone Dear Sir or Madam: The claims of the above persons are hereby amended to add the following dates of occurrence of flood loss: March 14 and March 17, 1986. Very truly yours, lftie•� Jea4 to K. Shi an JKS:sls .062486/3500v PROOF OF SERVICE BY MAIL -CCP 1013a, 2015.5 • 1 I declare that: 2 I am employed in the City and County of San Francisco,California. I am over the age of eighteen years and not a party to the within 3 cause. My business address is 280 Utah Street, San Francisco, California, 94103. June 4 1 9 8 6 I served the within Amended 4 On— —2 iClaims 5 6 on the parties in said cause,by placing a true copy thereof enclosed in 7 I a sealed envelope with postage thereon fully prepaid,in the United States mail at San Francisco,California,addressed as follows: 8 I 9 I� City of San Pablo West Contra Costa Sanitary City Clerk District 10 One Alvarado Square Attn: Dora Holder 11 San Pablo, CA 94806 2910 Hilltop Drive Richmond, CA 94806 12 Contra Costa County 13 Clerk of the Board 651 Pine Street, ROOM 106 14 Martinez , FA 94553 15 I East Bay Municipal Utilities District 16 c/o Tom Nordin, Risk Manager 17 2130 Adeline Street, Room 115 Oakland, CA 94623 18 19 Contra Costa County Flood Control District Contra Costa County 20 651 Pine Street 21 Martinez , CA 94553 22 I San Francisco Bay Conservation & Development Commission 23 Alan R. Pendleton, Administrator 30 Van Ness Avenue, Room 2011 24 San Francisco, CA 94102 25 State of California 26 Department of Water Resources 27 c/o State Board of Control 770 L Street, Suite 850 28 Sacramento, CA 95812 29 City of Richmond 30 2600 Barrett Avenue 31 Richmond, CA 94804 32 33 I declare under penalty of perjury that the foregoing is true and correct,and that this declaration was executed on 34 June 24, , 1986 at San Francisco,California. 35 36 Suzanne LaRue Singleton (TYPE OR PRINT NAME) SIGN TU E Law ores Of stems.Smith. walker 6 Brea 280 Utah Street r Francisco,CA 94103 AMENDED:: Jr / 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 5 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Section 913 and Amount: $1000000. 00 + ' 915.4. Please note all "WARNINGS" CLAIMANT: JEFFREY MARTIN County Cou"sl 'ATTORNEY: c/o Sheri L. Jurnecka JUL 2 5 1986 Sterns , Walker & Grell M&rtiAB=, CA 94553 ''ADDRESS: 280 Utah Street Date received San Franciscoy, CA 94103 BY DELIVERY TO CLERK ON: July 23 , 1986 BY MAIL POSTMARKED: July 22 , 1956 I. FROM: Clerk of the Board of Supervisors TO: coWrity counsel:: Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLER �� DATED: July 24, 1986 BY: Deputy L. Hall :I. 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: a�d By: L- P�12-10L'64tllCounty Counsel J� U 111. FROM: Cler of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. (X ) Other: Portion of claim as amended not previously returned aG ,n,timQ1T is refected in full . I certify that this is a true and correct copy of the Board's Order ntered in its minutes for this date. Dated: AUG 5 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 Law Offices Of 280 Utah Street Sterns, Smith, Walker, San Francisco, California 94103 Pesonen 6 Grell (415) 626.1000 Gerald C. Sterns Thomas G. Smith Elizabeth W. Walker Walter H. Walker III David E. Pesonen Christopher E. Grell Jeanette K. Shipman James Paul Collins July 22 , 1986 Virgil James Wilson III Shelley L Coleman Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Re: Amended Claims To the Clerk: Enclosed are eight amended claims, which claims have previously been filed with your office . Also enclosed is a self-addressed and postage-paid envelope for your convenience in returning a copy of these claims to us . Please indicate the date received on the copy before you return them. Thank you. icaurvy/Sterns ry y yours nne La ue Single retOffice sls enclosures 072286/3500x _AMENDED 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 17, 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 $1, 000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 ERED Sheri L. JuVICI ecka Attorney foaimant 3507-A R$ _AMENDED 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 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 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 AMENDED 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 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015. 5 I declare that: I am employed in the City - and 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. Z On July 21, 1986, I. served the within Amended Claim For Personal Injuries, Property Damage and Equitable Relief 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 Clerk of the Board 651 Pine Street 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 22y 1986, at San Francisco, California. 4Snne LaRue Singl on possls.rpt A M h:Nllr:i3'i�°" CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as Governing Board of the Contra Costa County Flood Control and Water Conservation District BOARD ACTION Claim Against the County, or District governed by) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT August 5 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph 1V below), Amount: $1, 000, 000. 00 + given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". CLAIMANT: JEFFREY MARTIN County Counsel j ATTORNEY: c/o Sheri L. Jurnecka J U L 2 1.1986 Sterns , Walker & Grell Martinez, CA 94553 ADDRESS: 280 Utah Street Date received San Francisco, CA 94103 BY DELIVERY TO CLERK ON: July 23 , 1986 BY MAIL POSTMARKED: July 22 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County:..Ounsel ,4 Attached is a copy of the above-noted claim. . PHIL BATCHELOR, CLERK DATED: July 24, 1986 BY: Deputy L. Hal II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( J This claim complies substantially with Sections 910 and 910.2 ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave. to present a late claim (Section 911.3). ( ) Other: Dated C �O /o� By: c-c ��K-�-�-J­A—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 ( ) This Claim is rejected in full. ( X) other: Portion of claim as amended not previously returned as untimely is rejected in tuil. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: AUG 5 1986 PHIL BATCHELOR, Clerk, By, `� Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally'terved or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator Law Offices Of 280 Utah Street Sterns, Smith, Walker, San Francisco, California 94103 Pesonen & Grell (415) 626.1000 Gerald C. Sterns Thomas G. Smith Elizabeth W. Walker Walter H. Walker III David E. Pesonen Christopher E. Grell Jeanette K. Shipman James Paul Collins July 2 2, 1986 Virgil James Wilson III Shelley L. Coleman Contra Costa County Flood Control District Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Re: Amended Claims To the Clerk: Enclosed are eight amended claims, which claims have previously been filed with your office . Also enclosed is a self-addressed and postage-paid envelope for your convenience in returning a copy of these claims to us. Please indicate the date received on the copy before you return them. Thank you. Very ly yours , z nne LaRue Singleton S retary/Sterns Offic sls enclosures 072286/350OX AMENDED 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 17, 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 RECEIVED Sheri L. Ju ecka ��j1985 Attorney f Claimant 3507-A ` UL " K A? bsj��LLOOR AMENDED 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 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 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 AMENDED 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 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015.5 I declare that: I am employed in the City and 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. 2 On July 2X, 1986, I served the within Amended Claim. For Personal Injuries, Property Damage and Equitable Relief 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 651 Pine Street 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 221,- 1986, at San Francisco, California. AT Mr. -/Zo u nne LaRue Sin ton possis.rpt -Law C►ffkvs Of Stems,Smith,Walker 6 Grell 280(Utah Street San Francisco,California 94103 Gerald C.Sterns .(415)626-1000 Thomas G.Smith June 24, 1986 Telex 67 543 GCS SFO Etimheth W.Walker Walter H.Walker III -Christopher E Grell Jeanette K.Shipman James Paul Collins William H.Curtiss 01 _ Virgil James Wilson III --Ce Shelley L Coleman A _ Andrew Yxncent Alder C City of San Pablo City Clerk One Alvarado Square JU� San Pablo, CA 94806 01986 Contra Costa County✓ Clerk of the Board 651 Pine Street, Room 106 ., Martinez, CA 94553 East Bay Municipal Utilities District c/o Tom Nordin, Risk Manager 2130 Adeline Street, Room 115 Oakland, CA 94623 Contra Costa County Flood Control District Contra Costa County 651 Pine Street Martinez, CA 94553 San Francisco Bay Conservation & Development Commission Alan R. Pendleton, Administrator 30 Van Ness Avenue, Room 2011 San Francisco, CA 94102 State of California Department of Water Resources c/o State Board of Control 770 L Street, Suite 850 Sacramento, CA 95812 City of Richmond 2600 Barrett Avenue Richmond, CA 94804 Hawaii Office:Sterns&Ingram,Grosvenor Cerner,Honolulu 96813 (80B)52B-1900 Page Two June 24 , 1986 West Contra Costa Sanitary District Attn: Dora Holder 2910 Hilltop Drive Richmond, CA 94806 Re: Claims of Richard Karnes, Dolores J. Karnes, Marvin J. Cohen, Steven Cohen, Donna Cohen, Edmund R. Nelson, Walter E. Nelson, Glenn Tast, Thomas Jordan, Jossie J. Nelson, Audrey Tast, Margaret Nelson, Herman E. Martin, Catherine A. Martin, , Ronald J. Martin, Jeffrey Martin, Daniel James Martin, Henry Benton, John G. MacPherson, Joe Estrada, Joseph Corone, & Betty Lou Corone Dear Sir or Madam: The claims of the above persons are hereby amended to add the following dates of occurrence of flood loss: March 14 and March 17, 1986. Very truly yours, Jea to K. Shi an ,JKS: sls 062486/3500v PROOF OF SERVICE BY MAIL -CCP 1013a, 2015.5 1 I declare that: 2 1 am employed in the City and County of San Francisco,California. I am over the age of eighteen years and not a party to the within 3 cause. My business address is 280 Utah Street, San Francisco, California, 94103. �I' a 24 , 1986 4 II On—s713I3 ,I served the within Amandad Lla1ms i 5 6 i on the parties in said cause,by placing a true copy thereof enclosed in 7 I a sealed envelope with postage thereon fully prepaid,in the United States mail at San Francisco,California,addressed as follows: 8 9 City of San Pablo West Contra Costa Sanitary City Clerk District • 10 One Alvarado Square Attn: Dora Holder 11 San Pablo, CA 9.4806 2910 Hilltop Drive Richmond, CA 94806 12 Contra Costa County 13 i Clerk of the Board 651 Pine Street , Room 106 14 ' Martinez , FA 94553 15 i East Bay Municipal Utilities District 16 i c/o Tom Nordin, Risk Manager 17 21.30 Adeline Street, Room 115 Oakland, CA 94623 18 19 Contra Costa County Flood Control District Contra Costa County 20 651 Pine Street 21 Martinez , CA 94553 22 San Francisco Bay Conservation & Development Commission 23 Alan R. Pendleton, Administrator 30 Van Ness Avenue, Room 2011 24 San Francisco, CA 94102 25 State of California 26 Department of Water Resources 27 c/o State Board of Control 770 L Street, Suite 850 28 Sacramento, CA 95812 29 30 City of Richmond 2600 Barrett Avenue 31 Richmond, CA 94804 32 33 I declare under penalty of perjury that the foregoing is true and correct,and that this declaration was executed on 34 June 24 , 1986 at San Francisco,California. 35 36 Suzanne LaRue Singleton (TYPE OR PRINT NAME) SIGN TU E a LAW Offices Of Stents.Smith, Walker&Grell 280 Utah Street n Francisco,CA 94103 AMENDEDv A 7 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as Governing Board of the Contra Costa County Flood Control and Water Conservation District BOARD ACTION Claim Against the County, or District governed by) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT August 5 , 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: DANIEL JAMES MARTIN, A MINOR COUAty COUnGM ( ATTORNEY: d/o Sheri L. Jurnecka JUL 2 11986 Sterns , Walker & Grell Wrtlnft, CA 84559 ADDRESS: 280 Utah. Street Date received San Francisco, CA 94103 BY DELIVERY TO CLERK ON: July 23 , 1986 BY MAIL POSTMARKED: July 22 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County.­.Courise_){"'`' Attached is a copy of the above-noted claim. E . . PHIL BATCHELOR, CLERK DATED: July 24, 1986 BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors YINThis 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# V t Cj u By: Deputy County Counsel 1I1. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. (g) Other: Portion of claim as amended not previously returned as untimely is rejected in full . I certify that this is a true and correct copy of the Board's Order entered in its minutes for-this date. AUG,5 .1986 Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally'3erved or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter.. If you want to .consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator Law Offices Of 280 Utah Street Sterns, Smith, Walker, San Francisco, California 94103 Pesonen & Grell (415) 626-1000 Gerald C. Sterns Thomas G. Smith Elizabeth W. Walker Walter H. Walker III David E. Pesonen Christopher E. Grell Jeanette K. Shipman James Paul Collins July 2 2, 1986 Virgil James Wilson III Shelley L. Coleman Contra Costa County Flood Control District Clerk of the Board 651 Pine Street Room 106 Martinez , CA 94553 Re: Amended Claims To the Clerk : Enclosed are eight amended claims, which claims have previously been filed with your office . Also enclosed is a self-addressed and postage-paid envelope for your convenience in returning a copy of these claims to us. Please indicate the date received on the copy before you return them. Thank you. Very ly yours , z nne LaRue Singleton S retary/Sterns Offic sls enclosures 072286/3500x AMENDED 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 17, 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 UC' IVED Sheri L. Ju ecka Attorney f Claimant 3507-A �1986 P L T ILOR BOAS AMENDED 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 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 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 'AMENDED 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 PROOF OF SERVICE BY MAIL- CCP 1013A, 2015.5 I declare that: I am employed in the City and 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. 2 On July ZX, 1986, I served the within Amended C1aim. For Personal Injuries, Property Damage and Equitable Relief 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 651 Pine Street 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 2,Y* 1986, at San Francisco, California. /Ao- S-uInne LaRue Sin ton possls.rpt AMENDED:�d ' CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District governed by) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Augu s t 5, 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". County Counsel CLAIMANT: DANIEL JAMES MARTIN, A MINOR AT C/o Sheri L. Jurnecka JUL 2 51986 Sterns , Walker & Grell Martinez, CA 94553 ADDRESS: 280 Utah Street Date received San Francisco, CA 94103 BY DELIVERY TO CLERK ON: J111 y 211 1 Q8 F, BY MAIL POSTMARKED: July 22 , 1986 I. FROM: Clerk of the Board of Supervisors TO: Cdu.n Cou.ns Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK 57 DATED: July 24, 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 9 By: u ���B�paCy County Counsel III. FROM: C.leW 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. ( X) Other: Portion of claim as amended not previously returned as untimely is rejected in full. I certify that this is a true and correct copy of the Board's Orderntered in its minutes for this date. Dated: AUG 5 1986 PHIL BATCHELOR, Clerk, By e eputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you�have only six (6) months from the date this notice was personally"served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do'so immediately. CC: Claimant County Counsel County Administrator Law Offices Of 280 Utah Street Sterns, Smith, Walker, San Francisco, California 94103 Pesonen 6 Grell (415) 626.1000 Gerald C. Sterns Thomas G. Smith Elizabeth W. Walker Walter H. Walker III David E. Pesonen Christopher E. Grell Jeanette K. Shipman James Paul Collins July 22 , 1986 Virgil James Wilson III Shelley L. Coleman Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez , CA 94553 Re: Amended Claims To the Clerk : Enclosed are eight amended claims, which claims have previously been filed with your office . Also enclosed is a self-addressed and postage-paid envelope for your convenience in returning a copy of these claims to us. Please indicate the date received. on the copy before you return them. Thank you. 3unne my yours La ue Single tary/Sterns Office sls enclosures 072286/3500x . AMENDED 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 17, 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 $1,000',000, plus an amount, presently unknown, but believed to be several million dollars, for .the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 [RC Sheri L. Ju Cecka lai Attorney fo Claimant 3507-A R$ OIOIIb . AMENDED 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 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 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 AMENDED 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 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015.5 I declare that: I am employed in the City and 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. y On July 21, 1986, I served the within Amended Claim For Personal Injuries, Property Damage and Equitable Relief 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 Clerk of the Board 651 Pine Street 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. _t,11nne LaRue Singl on possls.rpt 0 •Law Offices Of Stems,Smith,Walker 6 Grell 280 Utah Street San Francisco,California 94103 Gerald C.stems (415)6261000 Thomas G.Smith June 24, 1986 Telae 67 543 GCS SFO Elizabeth W.Walker Walter H.Walker III Christopher E Grell Jeanette K.Shipman James Paul Collins William H.Curtiss W Virgil James Wilson III Shelley L Coleman 'eWvncentadeCity of San Pablo C�] City Clerk One Alvarado Square `1U� San Pablo, CA 94806 1986 Contra Costa Countyer u oR Clerk of the Board 651 Pine Street , Room 106 ..q Martinez, CA 94553 East Bay Municipal Utilities District c/o Tom Nordin, Risk Manager 2130 Adeline Street, Room 115 Oakland, CA 94623 Contra Costa County Flood Control District Contra Costa County 651 Pine Street Martinez, CA 94553 San Francisco Bay Conservation & Development Commission Alan R. Pendleton, Administrator _ 30 Van Ness Avenue, Room 2011 San Francisco, CA 94102 State of California Department of Water Resources c/o State Board of Control 770 L Street, Suite 850 Sacramento, CA 95812 City of Richmond 2600 Barrett Avenue Richmond, CA 94804 Hawaii Office:Sterns&Ingram,Grosvenor Center,Honolulu 96813 (808)52B-1900 Page Two June 24 , 1986 West Contra Costa Sanitary District Attn: Dora Holder 2910 Hilltop Drive Richmond, CA 94806 Re: Claims of Richard Karnes, Dolores J. Karnes, Marvin J. Cohen, Steven Cohen, Donna Cohen, Edmund R. Nelson, Walter E. Nelson, Glenn Tast, Thomas Jordan, Jossie J. Nelson, Audrey Tast, Margaret Nelson, Herman E. Martin, Catherine A. Martin, , Ronald J. Martin, Jeffrey -Martin, Daniel James Martin, Henry Benton, John G. MacPherson, Joe Estrada, Joseph Corone, & Betty Lou Corone Dear Sir or Madam: The claims of the above persons are hereby amended to add the following dates of occurrence of flood loss : March 14 and March 17, 1986 . Very truly yours, Jea to K. Shi an JKS: sls 062486/3500v PROOF OF SERVICE BY MAIL -CCP 1013a,2015.5 • 1 I declare that: , 2 I am employed in the City and County of San Francisco,California. I am over the age of eighteen years and not a party to the within 3 I cause. My business address is 280 Utah Street, San Francisco, California, 94103. June_ 2 4 . 1986 I� Am Aa 4 On— ,I served the within f_.IL_d f'l aims 5 6 I on the parties in said cause,by placing a true copy thereof enclosed in 7 I a sealed envelope with postage thereon fully prepaid,in the United States mail at San Francisco,California,addressed as follows: 8 I 9 City of San Pablo West Contra Costa Sanitary City Clerk District 10 One Alvarado Square Attn: Dora Holder 11 San Pablo, CA 94806 2910 Hilltop Drive Richmond, CA 94806 12 Contra Costa County 13 Clerk of the Board 651 Pine Street , Room 106 14 Martinez , FA 94553 15 East Bay Municipal Utilities District 16 c/o Tom Nordin, Risk Manager 17 2130 Adeline Street, Room 115 Oakland, CA 94623 18 19 Contra Costa County Flood Control District Contra Costa County 20 651 Pine Street 21 Martinez , CA 94553 22 I San Francisco Bay Conservation & Development Commission 23 Alan R. Pendleton, Administrator 30 Van Ness Avenue, Room 2011 24 San Francisco, CA 94102 25 State of California 26 Department of Water Resources 27 c/o State Board of Control 770 L Street, Suite 850 28 Sacramento, CA 95812 29 City of Richmond 30 2600 Barrett Avenue 31 Richmond, CA 94804 32 33 1 declare under penalty of perjury that the foregoing is true and correct,and that this declaration was executed on 34 June 24, 1986 at;an Francisco,California. 35 36 Suzanne LaRue Singleton (TYPE OR PRINT NAME) SIGN TU E Law Offices Of Sterns,Smith. Walker 6.Grel1 280 Utah Street Francisco,CA 94103 ;.,:AMEN_ DED'; CLAIM BOARD OF SUPERVISORS OF CONTRA.COSTA COUNTY, CALIFORNIA and as Governing Board of ,the Contra Costa County Flood Control and Water Conservation District BOARD ACTION Claim Against the County, or District governed by) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT August 5 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph 1V below), Amount: $1 000 000 . 00 + given pursuant to Government Code Section 913 and ,1 ' 915.4. Please note all "WARNINGS". Uounty Counsel CLAIMANT: CATHERINE MARTIN JUL 1) 1-1986 ATTORNEY: C/o Sheri L. Jurnecka Martinez, CA 814553 Sterns , Walker & Grell ADDRESS: 280 Utah Street Date received San. Francisco, CA 94103 BY DELIVERY TO CLERK ON: July 23-, 1986 BY MAIL POSTMARKED: July 22 , 1986 1. FROM: Clerk of the Board of Supervisors TO: C6u6ty-'C60nse1:t . V Attached is a copy of the above-noted claim. Jul 2 4 PHIL BATCHELOR, CLERK DATED: Y , 1986 BY: Deputy L. Hall I1. FROM: County Counsel TO: Clerk of the Board of Supervisors Nh This claim complies substantially with Sections 910 and 910.2 ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely.filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: c:;,2ff. By: c c 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. ( X) Other: Portion of claim ,as amended not 12revioiiG1 v rP1-»rnPd qc LiAtjmnliz is refected in full_ I certify that this is a true and correct copy of the Board's Or nter d in its minutes for this date. Dated: AUG 5 1986 PHIL BATCHELOR, Clerk, By .� Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally 'terved or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection.with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator Law Offidt Of 280 Utah Street Sterns, Smith, Walker, San Francisco, California 94103 Pesonen b Grell (415) 626.1000 Gerald C.Sterns Thomas G. Smith Elizabeth W. Walker Walter H. Walker III David E. Pesonen Christopher E. Grell Jeanette K. Shipman James Paul Collins July 2 2, 1986 Virgil James Wilson III Shelley L. Coleman Contra Costa County Flood Control District Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Re: Amended Claims To the Clerk: Enclosed are eight amended claims, which claims have previously been filed with your office . Also enclosed is a self-addressed and postage-paid envelope for your convenience in returning a copy of these claims to us. Please indicate the date received on the copy before you return them. Thank you. Very ly yours , z nne LaRue Singleton S retary/Sterns Offic sls enclosures 072286/3500x f ' AMENDED 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 17, 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 RECEIVED ' Sheri L. Ju ecka ��j Attorney f Claimant 3507-A JUL,01986 1,�� WA i.QqK/.. .f�....►0�YIy r AMENDED 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 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 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 AMENDED 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 . y is PROOF OF SERVICE BY MAIL - CCP 1013A, 2015.5 I declare that: I am employed in the City and 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 2X, .1986, I served the within Amended Claim. For Personal Injuries, Property Damage and Equitable Relief 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 651 Pine Street 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 21y 1986, at San Francisco, California. u nne LaRue Sin ton possls.rpt AMEftED,- 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 5 , 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". Count County CLAIMANT: CATHERINE MARTIN. ATTORNEY: C/o Sheri L. Jurnecka JUL 2 5 1986 Sterns, Walker & Grell CA 9*553 ADDRESS: 280 Utah Street Date received San .Francisco , CA 94103 BY DELIVERY TO CLERK.ON: July 23 , 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. DATED: 'July 24', 1986 PHIL BATCHELOR, CLERK 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: Gated: L cv � `� By: c -�Z-�C-C'_sL-it deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. .(X ) Other: Portion of claim as amended not previously returned as untimely is rejected in u I certify that this is a true and correct copy of the Board's Order ente ed in its minutes for this date. AUG 5 1986 Deputy Clerk Gated: PHIL BATCHELOR, Clerk, By • >�-/LG-���C_/ WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally'3erved or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator Law Offices Of 280 Utah Street Sterns, Smith, Walker, San Francisco, California 94103 Pesonen 6 Grell (415) 626-1000 Gerald C. Sterns Thomas G. Smith Elizabeth W. Walker Walter H. Walker III David E. Pesonen Christopher E. Grell Jeanette K. Shipman James Paul Collins July 22 , 1986 Virgil James Wilson 111 Shelley L Coleman Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Re: Amended Claims To the Clerk: Enclosed are eight amended claims, which claims have previously been filed with your office . Also enclosed is a self-addressed and postage-paid envelope for your convenience in returning a copy of these claims to us. Please indicate the date received on the copy before you return them. Thank you. Very ulyaueSino-le u nne La cretary/Sterns Office sls enclosures 072286/3500x AMENDED 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 17, 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. Juecka RECEIVED Attorney fo Claimant 3507-A JUL X31986 F R D STCL K OEI RS 6YO�OYfy AMENDED 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 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 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 AMENDED CLAIM POR 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 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015. 5 I declare that: I am employed in the City and 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. y On July 2x, 1986, I served the within Amended Claim For Personal Injuries, Property Damage and Equitable Relief 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 Clerk of the Board 651 Pine Street 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 22:2,- 1986, at San Francisco, California. 4Snne LaRue Singl on possls.rpt LAW Offices Of Stems,Smith,Walker 6 Grell 280 Utah Street San Francisco,C 11fomia 94103 Gerald C.Sterns (415)6261000 Thomas G.Smith June 24, 1986 Tekx 67 543 ar gp Elizabeth W.Walker Walter H.Walker III Christopher E Grell Jeanette K Shipman James Paul Collin William H.Curtiss W _ Virgil James Wilson III Shelley L Coleman Andrew Vincent Aldtity of San Pablo City Clerk One Alvarado Square JUN iJ San Pablo, CA 94806 01986 Contra Costa County✓ y, t �61" _ Clerk of the Board 651 Pine Street, Room 106 .. Martinez, CA 94553 East Bay Municipal Utilities District C/o Tom Nordin, Risk Manager 2130 Adeline Street, Room 115 Oakland, CA 94623 Contra Costa County Flood Control District Contra Costa County 651 Pine Street Martinez, CA 94553 San Francisco Bay Conservation & Development Commission Alan R. Pendleton, Administrator _ 30 Van Ness Avenue, Room 2011 San Francisco, CA 94102 State of California Department of Water Resources c/o State Board of Control 770 L Street, Suite 850 Sacramento, CA 95812 City of Richmond 2600 Barrett Avenue Richmond, CA 94804 Hawao Office:Ste=rns&Ingram,Grosvenor Center,Honoluki 96813 (808)528.1900 Page Two June 24 , 1986 West Contra Costa Sanitary District Attn: Dora Holder 2910 Hilltop Drive Richmond, CA 94806 Re: Claims of Richard Karnes, Dolores J. Karnes, Marvin J. Cohen, Steven Cohen, Donna 'Cohen, Edmund R. Nelson, Walter E. Nelson, Glenn Tast, Thomas Jordan, Jossie J. Nelson, Audrey Tast, Margaret Nelson, Herman E. Martin, Catherine A. Martin, , Ronald J. Martin, Jeffrey Martin, Daniel James Martin, Henry Benton, John G. MacPherson, Joe Estrada, Joseph Corone, & Betty Lou Corone Dear Sir or Madam: The claims of the above persons are hereby amended to add the following dates of occurrence of flood loss: March 14 and March 17, 1986 . Very truly yours, Jeai2fte K. Shi an. JKS:sls 062486/3500v j . i PROOF OF SERVICE BY MAIL -CCP 1013a,2015.5 .1 I I declare that: 2 I I am employed in the City and County of San Francisco,California. I am over the age of eighteen years and not a party to the within 3 cause. My business address is 280 Utah Street, San Francisco, California, 94103. 4 �I on June 24 . 1986 I served the within AmpnA ec1 C1 aim c 5 6 on the parties in said cause,by placing a true copy thereof enclosed in I a sealed envelope with postage thereon fully prepaid,in the United States mail at San Francisco,California,addressed as follows: . 8 9 City of San Pablo West Contra Costa Sanitary City Clerk District 10 One Alvarado Square Attn: Dora Holder 11 San Pablo, CA 94806 2910 Hilltop Drive Richmond, CA 94806 12 Contra Costa County 13 Clerk of the Board 651 Pine Street, Room 106. 14 Martinez, FA 94553 15 East Bay Municipal Utilities District 16 c/o Tom Nordin, Risk Manager 17 I 2130 Adeline Street, Room 115 18 Oakland, CA 94623 19 Contra Costa County Flood Control District Contra Costa County 20 651 Pine Street 21 Martinez , CA 94553 22 San Francisco Bay Conservation & Development Commission 23 Alan R. Pendleton, Administrator 30 Van Ness Avenue, Room 2011 24 San Francisco, CA 94102 25 State of California 26 Department of Water Resources 27 c/o State Board of Control 770 L Street, Suite 850 28 Sacramento, CA 95812 29 30 City of Richmond 2600 Barrett Avenue 31 Richmond, CA 94804 32 33 I declare under penalty of perjury that the foregoing is true and correct,and that this declaration was executed on 34 June 2 4 , 19 8 6 -,at San Francisco,California. 35 36 Suzanne LaRue Singleton (TYPE OR PRINT NAME) SIGNTUftE Law tie,of Stems.smith, 280 Utah Street Frand..G 94103 �i �• PROOF OF SERVICE BY MAIL -CCP 1013a,2015.5 1 I declare that: • 2 . I am employed in the City and County of San Francisco,California. I am over the age of eighteen years and not a party to the within 3 cause. My business address is 280 Utah Street, San Francisco, California, 94103. II 4 I On--J-Une 24, 1986 I served the within Amended claims 5 6 II on the parties in said cause,by placing a true copy thereof enclosed in 7 II a sealed envelope with postage thereon fully prepaid,in the United States mail at San Francisco,California,addressed as follows: 8 9 City of San Pablo West Contra Costa Sanitary City Clerk District 10I One Alvarado Square Attn: Dora Holder 11 San Pablo, CA 94806 2910 Hilltop. Drive Richmond, CA 94806 12 Contra Costa County 13 Clerk of the Board 651 Pine Street, Room 106 14 Martinez , FA 94553 15 East Bay Municipal Utilities District 16 c/o Tom Nordin, Risk Manager 17 2130 Adeline Street, Room 115 Oakland, CA 94623 18 19 Contra Costa County Flood Control District Contra Costa County 20 651 Pine Street 21 Martinez , CA 94553 22 San Francisco Bay Conservation & Development Commission 23 I Alan R. Pendleton, Administrator 30 Van Ness Avenue, Room 2011 24 San Francisco., CA 94102 25 State of California 26 Department of Water Resources 27 C/o State Board of Control 770 L Street, Suite 850 28 Sacramento, CA 95812 29 City of Richmond 30 2600 Barrett Avenue 31 Richmond, CA 94804 32 33 I declare under penalty of perjury that the foregoing is true and correct,and that this declaration was executed on 34 June 24, 1986 at San Francisco,California. 35 36 Suzanne LaRue Singleton (TYPE OR PRINT NAME) SIGN TU12E Law Offkxs Of Sterna,Smith. Walker G Grell 280 Utah Street a Francisco,CA 94103 Law Offices Of Stems,Smith,Walker Grell 280 Utah Street San Francisco,California 94103 Gerald C.Stems .(415)626.1000 Thomas G.Smith June 24, 1986 Tekx 67 543 GCS SFO Elizabeth W.Walker Walter H.Walker lll Christopher E Grell Jeanette K.Shipman James Paul Collins William H.Curtiss W Virgil James Wilson III Shelley L Coleman Andrew Vincent AlderCity ity of San Pablo AzcclCity Clerk . �Er]1 One Alvarado Square San Pablo, CA 94806 July 1986 Contra Costa County✓ h, IV'U of the Board 651 Pine Street, Room 106 .. Martinez, CA 94553 ' East Bay Municipal Utilities District c/o Tom Nordin, Risk Manager 2130 Adeline Street, Room 115 Oakland, CA 94623 Contra Costa County Flood Control District Contra Costa County 651 Pine Street Martinez, CA 94553 San Francisco Bay Conservation & Development Commission Alan R. Pendleton, Administrator _ 30 Van Ness Avenue, Room 2011 San Francisco, CA 94102 State of California Department of Water Resources _ c/o State Board of Control 770 L Street, Suite 850 Sacramento, CA 95812 City of Richmond 2600 Barrett Avenue Richmond, CA 94804 Hawaii Office:Sterns&Ingram,Grosvenor Center,Honolulu 96813 (80B)528.1900 Page Two June 24 , 1986 West Contra Costa Sanitary District Attn: Dora Holder 2910 Hilltop Drive Richmond, CA 94806 Re: Claims of Richard Karnes, Dolores J. Karnes, Marvin J. Cohen, Steven Cohen, Donna Cohen, Edmund R. Nelson, Walter E. Nelson, Glenn Tast, Thomas Jordan, Jossie J. Nelson, Audrey Tast, Margaret Nelson, Herman E. Martin, Catherine A. Martin, , Ronald J. Martin, Jeffrey Martin, Daniel James Martin, Henry Benton, John G. MacPherson, Joe Estrada, Joseph Corone, & Betty Lou Corone Dear Sir or Madam: The claims of the above persons are hereby amended to add the following dates of occurrence of flood loss : March 14 and March 17, 1986. Very truly yours, Jea to K. Shi an JKS: sls 062486/3500v AMENDED:;;, CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as Governing Board of the Contra Costa County Flood Control and Water Conservation District BOARD ACTION C1aim.Against the County, or District governed by) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Augu s t 5 , 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: WALTER E. NELSON County Counsel ATTORNEY: c/o Sheri L. Jurnecka JUL 2 4.1986 Sterns , Walker & Grell Martinez, ADDRESS: 280 Utah Street Date received C+A � San Francisco, CA 94103 BY DELIVERY TO CLERK ON: July 23 , 1986 BY MAIL POSTMARKED: July 22 , 1986 I. FROM: Clerk of the Board of Supervisors TO: Count. Counsel. Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK��/ DATED: July 24. 1986 BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (rIN10 This claim complies substantially with Sections 910 and 910.2 ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: C_ r� � 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. (X) Other: Portion of claim as amended not previously returned as untimely. is rejected in full. I certify that this is a true and correct copy of the Board's Order ntered in its minutes for this date. Dated: AUG 5 198v PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally'3erved or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator Law Offices of 280 Utah Street Sterns, Smith, Walker, San Francisco, California 94103 Pesonen D Grell (415) 626-1000 Gerald C. Sterns Thomas G. Smith E=lizabeth W. Walker Walter H. Walker III David E. Pesonen Christopher E. Grell Jeanette K. Shipman James Paul Collins July 2 2, 1986 Virgil James Wilson.III Shelley L. Coleman Contra Costa County Flood Control District Clerk of the Board 651 Pine Street Room 106 Martinez , CA 94553 Re: Amended Claims To the Clerk: Enclosed are eight amended claims, which claims have previously been filed with your office . - Also enclosed is a self-addressed and postage-paid envelope for your convenience in returning a copy of these claims to us. Please indicate the date received on the copy before you return them. Thank you. Very;Very ly yours, nne LaRue Singleto S retary/Sterns Offic sls enclosures 072286/3500x 'AMENDED 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 17, 1986 at c/o Broadline Corporation, 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 . RECEIVED Sheri L. Jur ecka ? Attorney fo Claimant 3505-A JUL42 1986 BAT EIOR a K nsuv ispRS AMENDED 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 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 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 AMENDED 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 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015.5 I declare that.: I am employed in the City and 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 21, 1986, I served the within Amended Claim For Personal Injuries, Property Damage and Equitable Relief. 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 651 Pine Street 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 21, 1986, at San Francisco, California. -!rnneLaRue Singlet possis.rpt AMENDEDI 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 5, 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: WALTER'E.. NELSON County Counsel ATTORNEY: C/o Sheri L. Jurnecka JUL 2 5 1986 Sterns , Walker & Grell ADDRESS: 280 Utah Street Date received Martinez, CA San Francisco, CA 94103 BY DELIVERY TO CLERK ON: July 23 , 1986 .BY MAIL POSTMARKED: July 22 , 1986 I. FROM: Clerk of the Board of Supervisors TO: Cdunty Counsel`'+'' Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK DATED: July 24, 1986 BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2 ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( . ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: �—� L J�GL y 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: Portion of claim as amended not previously returned as untimely IS rejected in tuil . I certify that this is a true and correct copy of the Board's Order tere in its minutes for this date. Dated: AUG 5 1986 PHIL BATCHELOR, Clerk, By � S`•3'GC�,�1 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 Law offices of 280 Utah Street Sterns, Smith, Walker, San Francisco, California 94103 Pesonen & Grell (415) 626.1000 Gerald C. Sterns Thomas G. Smith Elizabeth W. Walker Walter H. Walker III David E. Pesonen Christopher E. Grell Jeanette K. Shipman James Paul Collins J u ly 22 , 1986 Virgil James Wilson III Shelley L. Coleman Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez , CA 94553 Re: Amended Claims To the Clerk : Enclosed are eight amended claims, which claims have previously been filed with your office . Also enclosed is a self-addressed and postage-paid envelope for your convenience in returning a copy of these claims to us . Please indicate the date received on the copy before you return them. Thank you. Very myaueSing4le u nne La cretary/Sterns Office sls enclosures 072286/3500X AMENDED 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 17, 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 r, [C,:t CEIVE" Sheri L. J necka Attorney f r Claimant 3505-A JUL ;U198G P ggOAt S loR K S AMENDED 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 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) looding;(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 AMENDED 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 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015.5 I declare that: I am employed in the City and 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 1986; I served the within Amended Claim For Personal Injuries, Property Damage and Equitable Relief 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 Clerk of the Board 651 Pine Street 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 2f, 1986, at San Francisco, California. nne La-Rue Singlet possls.rpt Lew Offices Of Stems,Smith,Walker 6 Grell 280 Utah Street San Francisco,Calffomia 94103 Gerald C.stems (415)6261000 Thomas G.Smith June 24, 1986 Teles 67 543 GCS gip Elizabeth W.Walker Walter H.Walker III Christopher E Grell Jeanette K Shipman James Paul Collins William H.Curtiss Ill Virgil James Wilson III Shelley L.Coleman Amin`-Mr"mAjd`tity of San Pablo C�r City Clerk 1 v •r� One Alvarado Square JUN San Pablo, CA 94806 01986 Contra Costa County,/ Clerk of the Board 651 Pine Street, Room 106 .. Martinez, CA 94553 East Bay Municipal Utilities District C/o Tom Nordin, Risk Manager 2130 Adeline Street, Room 115 Oakland, CA 94623 Contra Costa County Flood Control District Contra Costa County 651 Pine Street Martinez, CA 94553 San Francisco Bay Conservation & Development Commission Alan R. Pendleton, Administrator _ 30 Van Ness Avenue, Room 2011 San Francisco, CA 94102 State of California Department of Water Resources c/o State Board of Control 770 L Street, Suite 850 Sacramento, CA 95812 City of Richmond 2600 Barrett Avenue Richmond, CA 94804 Hawaii Office:Sterns S Ingram,Grosvenor Center,Honolulu 96813 (808)528.1900 Page Two June 24 , 1986 West Contra Costa Sanitary District Attn: Dora Holder 2910 Hilltop Drive Richmond, CA 94806 Re: Claims of Richard Karnes, Dolores J. Karnes, Marvin J. Cohen, 'Steven Cohen, Donna- Cohen, Edmund R. Nelson, Walter E. Nelson, Glenn Tast, Thomas Jordan, Jossie J. Nelson, Audrey Tast, Margaret Nelson, Herman E. Martin, Catherine A. Martin, , Ronald J. Martin, Jeffrey Martin, Daniel James . Martin, Henry Benton, John G. MacPherson, Joe Estrada, Joseph Corone, & Betty Lou Corone Dear Sir or Madam: The claims of the above persons are hereby amended to add the following dates of occurrence of flood loss : March 14 and March 17, 1986. Very truly yours, Jeai2te K. Shi an JKS: sls 062486/3500v I PROOF OF SERVICE BY MAIL -CCP 1013a,2015.5 1 I I declare that: 2 1 am employed in the City and County of San Francisco,California. I am over the age of eighteen years and not a party to the within 3 cause. My business address is 280 Utah Street, San Francisco, California, 94103. can_June 24 , 1986 I served the within Aman d ed Cl a i m 5 6 +I on the parties in said cause,by placing a true copy thereof enclosed in 7 I a sealed envelope with postage thereon fully prepaid,in the United States mail at San Francisco,California,addressed as follows: 8 9 i City of San Pablo West Contra Costa Sanitary City Clerk District 10 One Alvarado Square Attn: Dora Holder 11 San Pablo, CA 94806 2910 Hilltop Drive Richmond, CA 94806 12 Contra Costa County 13 Clerk of the Board 651 Pine Street, Room 106 14 Martinez , FA 94553 15 � East Bay Municipal Utilities District 16 ;� c/o Tom Nordin, Risk Manager 17 2130 Adeline Street, Room 115 Oakland, CA 94623 18 19 Contra Costa County Flood Control District Contra Costa County 20 651 Pine Street 21 Martinez , CA 94553 22 I . San Francisco Bay Conservation & Development Commission 23 Alan R. Pendleton, Administrator 30 Van Ness Avenue, Room 2011 24 San Francisco, CA 94102 25 State of California 26 Department of Water Resources 27 c/o State Board of Control 770 L Street, Suite 850 28 Sacramento, CA 95812 29 City of Richmond 30 2600 Barrett 'Avenue 31 Richmond, CA 94804 32 33 1 declare under penalty of perjury that the foregoing is true'and correct,and that this declaration was executed on 34 _ June 24, 1986 at San Francisco,California. 35 36 Suzanne LaRue Singleton Z27,4 L,/J'4' (TYPE OR PRINT NAME) SIGN TUItE Law Offices Of Stems,Smith, Walker&Greg 280 Utah Street in Frandsco.CA 94103 Y: '7 CLAIM" BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION C1a4.:m Against the County, or District governed by) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT u ��,nd Board Action. All Section references are to ) The copy of this document mailed to you is your 5 , 1986 California Government Codes. ) notice of the action taken on. your claim by the Board of Supervisors (Paragraph IV below), Amount: $100, 000. 00 + given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS" County Counsel CLAIMANT: GLENN TAST ATTORNEY: C/o Sheri L. Jurnecka JUL 2 5 1986 Sterns, Walker & Grell Martinez, CA 94553 ADDRESS: 280 Utah Street Date received San Francisco, CA 94103 BY DELIVERY TO CLERK ON: July 23, _ 1986 BY MAIL POSTMARKED: July 22, 1986 I. FROM: Clerk of the Board of Supervisors TO: Cou►ty.'Coun 1—`;..` Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK DATED: July 24, 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: g s6D 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. (X) other: portion of claim as amended not previously returned as untimely is rejected in tull . I certify that this is a true and correct copy of the Board's Order enjere4 in its minutes for this date. Dated: AUG 5 986 PHIL BATCHELOR, Clerk, BDeputy 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 of 280 Utah Street Sterns, Smith, Walker, San Francisco, California 94103 Pesonen & Grell (415) 626.1000 Gerald C. Sterns Thomas G. Smith Elizabeth W. Walker Walter H. Walker III David E. Pesonen Christopher E. Grell Jeanette K. Shipman James Paul Collins July 22 , 1986 Virgil James Wilson III Shelley L. Coleman Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Re: Amended Claims To the Clerk : Enclosed are eight amended claims, which- claims have previously been filed with your office . Also enclosed is a self.-addressed and postage-paid envelope for your convenience in returning a copy of these claims to us . Please indicate the date received on the copy before you return them. Thank you. ic;retary/Sterns my yours La ue Single Office sls enclosures 072286/3500x AMENDED 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 17, 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 RECEIVED Sheri L. J necks Attorney f r Claimant 3505-A JUL p D T 14ELOR GL K g sv Day AMENDED 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 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 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 AMENDED 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 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015.5 I declare that: I am employed in the City and 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 2 1986, I served the within Amended Claim For Personal Injuries, Property Damage and Equitable Relief 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 Clerk of the Board 651 Pine Street 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 2f, 1986, at San Francisco, California. a f 411? nne La ue Singlet possls.rpt AMENDED_. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as Governing Board of, the`Contra Costa County Flood Control and Water Conservation District BOARD ACTION Claim Against the County, or District governed by) the Board of Supervisors, Routing Endorsements. ) NOTICE TO CLAIMANT Augu s t 5 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Section 913 and Amount: $1, 000 , 000. 00 + 915.4. Please note all "WARNINGS". CLAIMANT: GLENN TAST County C0un8e1 JUL 111986 ATTORNEY: c/o Sheri D. Jurnecka Sterns , Walker & Grell Martinez, CA 84553 ADDRESS: 280 Utah Street Date received San Francisco, CA 94103 BY DELIVERY TO CLERK ON: July 23 , 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. July 24, 1986 PHIL BATCHELOR, CLERK DATED: BY: Deputy r. 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. c O By: D 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 ( ) This Claim is rejected in full. ( )Q Other: Portion of claim as amended not previously returned as untimely is rejected in full. I certify that this is a true and correct copy of the Board's Order ter0 in its minutes for this date. Dated: AUG 5 1986 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally'terved or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator — 1 „ Law Offices Of 280 Utah Street Sterns, Smith, Walker, San Francisco, California 94103 Pesonen & Grell (415) 626-1000 Gerald C. Sterns Thomas G. Smith Elizabeth W. Walker Walter H. Walker III David E. Pesonen Christopher E. Grell Jeanette K. Shipman James Paul Collins July 22, 1986 Virgil James Wilson III Shelley L. Coleman Contra Costa County Flood Control District Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Re: Amended Claims To the Clerk : Enclosed are eight amended claims, which claims have previously been filed with your office . Also enclosed is a self-addressed and postage-paid envelope for your convenience in returning a copy of these claims to us. Please indicate the date received on the copy before you return them. Thank you. Very ly yours , r i z nne LaRue Singleton S retary/Sterns Offic sls enclosures 072286/3500x .AMENDED 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 17, 1986 at c/o Broadline Corporation, 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 $1,000,000,. plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the _"Itemization of . Damages" which is attached hereto. July 21, 1986 RECEIVED Sheri L. Tur ecka Attorney fo Claimant 1505-A JV� 19a6 WELOR LUPE IVI$QFi$ p ..AMENDED 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 physicaland 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 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 •AMENDED 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 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015.5 I declare that: I am employed in the City and 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 21, 1986, I served the within Amended Claim For Personal Injuries, Property Damage and Equitable Relief 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 651 Pine Street 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 21, 1986, at San Francisco, California. —OLnne LaRue Singlet possls.rpt LOW Offices Of Stems,Smith,Walker &Grell 280 Utah Shwd San Francisco,Calffomia 94103 Gerald C.Stems (415)62&1000 Thomas G.Smith June 24, 1986 Tdoc 67 543 GCS SFO Elizabeth W.Walker Walter H.Walker III Christopher E.Grell Jeanette K.Shipman James Paul Collins William H.Curtiss III _ Virgil James Wilson III Shelley L Coleman A _ i4rdtew " "bity of San Pablo City Clerk One Alvarado Square JUN iJ San Pablo, CA 94806 01986 Contra Costa County✓ e CL .r y .. to Clerk of the Board 651 Pine Street, Room 106 ..q Martinez, CA 94553 East Bay Municipal Utilities District C/o Tom Nordin, Risk Manager 2130 Adeline Street, Room 115 Oakland, CA 94623 Contra Costa County Flood Control District Contra Costa County 651 Pine Street Martinez, CA 94553 San Francisco Bay Conservation & Development Commission Alan R. Pendleton, Administrator _ 30 Van Ness Avenue, Room 2011 San Francisco, CA 94102 State of California Department of Water Resources c/o State Board of Control 770 L Street, Suite 850 Sacramento, CA 95812 City of Richmond 2600 Barrett Avenue Richmond, CA 94804 Hmmfi Office:Sterns 6 Ingram,Groamvx Center,Honolulu 96813 (808)528.1900 Page Two June 24 , 1986 West Contra Costa Sanitary District Attn: Dora Holder 2910 Hilltop Drive Richmond, CA 94806 Re: Claims of Richard Karnes, Dolores J. Karnes, Marvin J. Cohen, Steven Cohen, Donna Cohen, Edmund R. Nelson, Walter E. Nelson, Glenn Tast, Thomas Jordan, Jossie J. Nelson, Audrey Tast, Margaret Nelson, Herman E. Martin, Catherine A. Martin, , Ronald J. Martin, Jeffrey Martin, Daniel James Martin, Henry Benton, John G. MacPherson, Joe Estrada, Joseph Corone, & Betty Lou Corone Dear Sir or Madam: The claims of the above persons are hereby amended to add the following dates of occurrence of flood loss : March 14 and March 17, 1986 . Very truly yours, Jea4 to K. Shi an JKS: sls 062486/3500v II PROOF OF SERVICE BY MAIL -CCP 1013a,2015.5 1 I I declare that: 2 ` I am employed in the City and County of San Francisco,California. I am over the age of eighteen years and not a party to the within 3 II cause. My business address is 280 Utah Street, San Francisco, California, 94103. 4 On—June 24, 1986 Iserved the within AmPnr7Pd C1alIIIS 5 6 I on the parties in said cause,by placing a true copy thereof enclosed in 7 I a sealed envelope with postage thereon fully prepaid,in the United States mail at San Francisco,California,addressed as follows: 8 9 City of San Pablo West Contra Costa Sanitaryf City Clerk District 10 One Alvarado Square Attn: Dora Holder 11 San Pablo, CA 94806 2910 Hilltop Drive Richmond, CA 94806 12 Contra Costa County 13 Clerk of the Board i 651 Pine Street, Room 106 14 Martinez , FA 94553 15 East Bay Municipal Utilities District 16 c/o Tom Nordin, Risk Manager 2130 Adeline Street, Room 115 17 Oakland, CA 94623 18 19 Contra Costa County Flood Control District Contra Costa County 20 651 Pine Street 21 Martinez , CA 94553 22 San Francisco Bay Conservation & Development Commission 23 Alan R. Pendleton, Administrator 30 Van Ness Avenue, Room 2011 24 San Francisco, CA 94102 25 State of California 26 Department of Water Resources 27 c/o State Board of Control 770 L Street, Suite 850 28 Sacramento, CA 95812 29 City of Richmond 30 2600 Barrett Avenue 31 Richmond, CA 94804 32 33 I declare under penalty of perjury that the foregoing is true and correct,and that this declaration was executed on 34 June 2 4, 19 8 6 at San Francisco,California. 35 36 Suzanne LaRue Singleton (TYPE OR PRINT NAME) SIGN TU E Law(xikes Of sterna,Smith, Walker b Gell 280 Utah Street Fnnchm,CA 94103 /,q CLAIM V BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as Governing Board of the Contra Costa County Flood Control and Water Conservation District BOARD ACTION Claim Against the County, or District governed by) tr�e Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT August 5 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your -.,California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph 1V below), Amount: $1, 000, 000 . 00 given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". COV^� CoVn sei CLAIMANT: JOSEPH CORONE ATTORNEY: c/o Sheri L. Jurnecka JUL 2 11986 Sterns , Walker & Grell Martinez, CA 94M ADDRESS: 280 Utah Street Date received San Francisco, CA 94103 BY DELIVERY TO CLERK ON: July 23, 1986 BY MAIL POSTMARKED: July 22 , 1986 1. FROM: Clerk of the Board of Supervisors TO: C0uhi C6unse.l: . Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK ' DATED: July 23 , 1986 BY: Deputy U. Hall I1. 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: g `�r By: `� �.-.D iWjty 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. ( X) Other: Portion of Claim as amended not previously returned as untimely is reiected in full'. I certify that this is a true and correct copy.of the Board's Order e tereedd/in its minutes for this date. Dated: AUG 5 1986 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally'terved or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. .You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator l Law offices Of 280 Utah Street Sterns, Smith, Walker, San Francisco, California 94103 Pesonen E Grell (415) 626-1000 Gerald C. Sterns Thomas G. Smith Elizabeth W. Walker Walter H. Walker 111 David E. Pesonen Christopher E. Grell Jeanette K. Shipman James Paul Collins July 2 2, 1986 Virgil James Wilson 111 Shelley L. Coleman Contra Costa County Flood Control District Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Re: Amended Claims To the Clerk: Enclosed are eight amended claims, which claims have previously been filed with your office . Also enclosed is a self-addressed and postage-paid envelope for your convenience in returning a copy of these claims to us. Please indicate the date received on the copy before you return them. Thank you. Very ly yours , z nne LaRue Singleton S retary/Sterns Offic sls enclosures 072286/3500x AMENDED 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 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 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 ka Attorney for Claimant 3507-A RECEIVED JUL��986 ATG ELOR CL K T P BY t. •�OYly ir AMENDED 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 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 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 AMENDED 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. nrandcl2.rpt PROOF OF SERVICE BY MAIL - CCP 1013A, 2015.5 I declare that: I am employed in the City and 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. v On July 2X, 1986, I served the within Amended Claim For Personal Injuries, Property Damage and Equitable Relief 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 651 Pine Street 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 ?.Y, 1986, at San Francisco, California. ti 2L��: u UZIahne LaRue Singl n possls.rpt AMENDED::.'l 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 5 , 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". County Counsel CLAIMANT: JOSEPH CORONE JUL 2 51986 ATTORNEY: c/o Sheri L. Jurnec ka 5r Sterns , Walker & Grell martinet, CA ADDRESS: 280 Utah Street Date received San Francisco, CA 94103 BY DELIVERY TO CLERK ON: July 23, 1986 BY MAIL POSTMARKED: July 22 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County. CounseT 13. Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK DATED: July 24, 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: p XA_4L-(_ZeCX_tAeputy Dated. p � 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. ( X) other: Portion of Claim,as amended not nrPv;ni,cly returned as untimely is rejected in full . Y I certify that this is a true and correct copy of the Board's Order termed(in its minutes for this date. Dated: AUG 5 956 PHIL BATCHELOR, Clerk, 8y6 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 Of 280 Utah Street Sterns, Smith, Walker, San Francisco, California 94103 Pesonen E Grell (415) 626-1000 Gerald C. Sterns Thomas G. Smith Elizabeth W. Walker Walter H. Walker III David E. Pesonen Christopher E. Grell Jeanette K. Shipman James Paul Collins July 22, 1986 Virgil James Wilson III Shelley L. Coleman Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez , CA 94553 Re: Amended Claims To the Clerk: Enclosed are eight amended claims, which claims have previously been filed with your office . Also enclosed is a . self-addressed and postage-paid envelope for your convenience in returning a copy of these claims to us. Please indicate the date received on the copy before you return them. Thank you. Very myaueS Z�� u nne Lale cretary/Sterns Office sls enclosures 072286/3500x 1 AMENDED 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 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 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. Jnecka ney RECEIVED Attorf r Claimant 3507-A JUL CL N ARF ST Efl ISORS N '' CeOYfy AMENDED 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 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 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 AMENDED 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 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015. 5 I declare that: I am employed in the City and 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. 2 On July :�X, 1986, I served the within Amended Claim For Personal Injuries, Property Damage and Equitable Relief 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 Clerk of the Board r 651 Pine Street 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 2-r, 1986, at San Francisco, California. 'L nne LaRue Sin ton possls.rpt Law Offices Of Stems,Smith,Walker Z GMI 280 Utah Street San Francisco,C Ibmia 94103 Gerald C.Stems (415)626-1000. Thomas G.Smith June 24, 1986 Tda 67 543 Gts SFO Elizabeth W.Walker Walter H.Walker UI Christopher E Grell Jeanette K Shipman James Paul Collins William H.Curtiss M . Vlrgil James Wibon Ill Shelley L Coierrtart """City of San Pablo C City Clerk One Alvarado Square Ju San Pablo, CA 94806 N 4�1986 Contra Costa County✓ U OR Clerk of the Board 651 Pine Street, Room 106 •. Martinez, CA 94553 East Bay Municipal Utilities District C/o Tom Nordin, Risk Manager 2130 Adeline Street, Room 115 Oakland, CA 94623 Contra Costa County Flood Control District Contra Costa County 651 Pine Street Martinez, CA 94553 San Francisco Bay Conservation & Development Commission Alan R. Pendleton, Administrator 30 Van Ness Avenue, Room 2011 San Francisco, CA 94102 State of California Department of Water Resources c/o State Board of Control 770 L Street, Suite 850 Sacramento, CA 95812 City of Richmond 2600 Barrett Avenue Richmond, CA 94804 Hawaii Office:Stents 6 Ingram,GrorAfftor Center,Honolulu 96813 (808)528•1900 Page Two June 24 , 1986 West Contra Costa Sanitary District Attn: Dora Holder 2910 Hilltop Drive Richmond, CA 94806 Re: Claims of Richard Karnes, Dolores J. Karnes, Marvin J. Cohen, Steven Cohen, Donna Cohen, Edmund R. Nelson, Walter E. Nelson, Glenn Tast, Thomas Jordan, Jossie J. Nelson, Audrey Tast, Margaret Nelson, Herman E. Martin, Catherine A. Martin, , Ronald J. Martin, Jeffrey Martin, Dante James Martin, Henry Benton, John G. MacPherson, Joe Estrada, Joseph Corone, & Betty Lou Corone Dear Sir or Madam: The claims of the above persons are hereby amended to . .add the following dates of occurrence of flood loss : March 14 and March 17, 1986. Very truly yours, Jeal2te K. Shi an JKS: sls 062486/3500v .j + PROOF OF SERVICE BY MAIL —CCP 1013a,2015.5 ;. 1 1 declare that: L ! 2 1 am employed in the City and County of San Francisco,California. I am over the age of eighteen years and not a party to the within 3 cause. My business address is 280 Utah Street, San Francisco, California, 94103. e 2 4 , 1 9 8 6 — I served the within d • 4 �I can=Jun _ AmpnAa Claims 5 i 6 on the parties in said cause,by placing a true copy thereof enclosed in I 7 a sealed envelope with postage thereon fully prepaid,in the United States mail at San Francisco,California,addressed as follows: 8 9 I City of San Pablo West Contra Costa Sanitary City Clerk District 10 One Alvarado Square Attn: Dora Holder 11 San Pablo, CA 94806 2910 Hilltop Drive Richmond,. CA 94806 12 I Contra Costa County 13 Clerk of the Board 651 Pine Street , Room 106 14 Martinez , FA 94553 15 l East Bay Municipal Utilities District 16 c/o Tom Nordin, Risk Manager 17 i 2130 Adeline Street, Room 115 Oakland, CA 94623 18 19 Contra Costa County Flood Control District Contra Costa County 20 651 Pine Street 21 Martinez , CA 94553 22 San Francisco Bay Conservation & Development Commission 23 Alan R. Pendleton, Administrator 30 Van Ness Avenue, Room 2011 24 San Francisco, CA 94102 25 State of California 26 Department of Water Resources 27 c/o State Board of Control 770 L Street, Suite 850 28 Sacramento, CA 95812 29 30 City of Richmond 2600 Barrett Avenue 31 Richmond, CA 94804 32 33 1 declare under penalty of perjury that the foregoing is true and correct,and that this declaration was executed on 34 June 24, 1986 at San Francisco,yCeLiforraus. 35 36 Suzanne LaRue Singleton (TYPE OR PRINT NAME) SIGN TU RE Law 0"kes Of Sin .smkh. walker G Drell 290 lhah Street n Franciaw,CA 94103 A / 7 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District governed by) ..c'he Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT August 5 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your ialifornia Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Section 913 a n d Amount: �1, 000, 000. 00 -F 915.4. Please note all "WARNINGS". cou l County counsel CLAIMANT: THOMAS JORDAN JUL 2 51986 ATTORNEY: C/o Sheri L. Jurnecka �`�_� CA �A653 Sterns, Walker & Grell ADDRESS: 280 Utah Street Date received Jul San Francisco, CA 94103 BY DELIVERY TO CLERK ON: y 23 , 1986 BY MAIL POSTMARKED: July 22 , 1986 1. FROM: Clerk of the Board of Supervisors TO: p t.pun y-puns_el Attached is a copy of the above-noted claim. July 24, 1986 PHIL BATCHELOR, CLERK DATED: BY: Deputy L. Hall I1. 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 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: Portion of claim as amended not previously rp-t-iirrig-ri as untimelv Is rejected in full. I certify that this is a true and correct copy of the Board's Order en red in its minutes for this date. Dated: AUG 5 986 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally`terved or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator — r , Law Offices Of 280 Utah Street Sterns, Smith, Walker, San Francisco, California 94103 Pesonen 6 Grell (415) 626.1000 Gerald C. Sterns Thomas G. Smith Elizabeth W. Walker Walter H. Walker III David E. Pesonen Christopher E. Grell Jeanette K. Shipman James Paul Collins July 2 2 , 1986 Virgil James Wilson III Shelley L. Coleman Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez , CA 94553 Re: Amended Claims To the Clerk : Enclosed are eight amended claims, which claims have previously been filed with your office . Also enclosed is a self-addressed and postage-paid envelope for your convenience in returning a copy of these claims to us . Please indicate the date received on the copy before you return them. Thank you. iu ry my yours nne La ue Single cretary/Sterns Office sls enclosures 072286/3500x AMENDED 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 17, 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 [UCEIVEISheri L. J necks Attorney f r Claimant 3505-A ULsv p 1 Loa AMENDED 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 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 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 i AMENDED 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 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015.5 I declare that: I am employed in the City and 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 1986, I served the within Amended Claim For Personal Injuries, Property Damage and Equitable Relief 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 Clerk of the Board 651 Pine Street 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 2r, 1986, at San Francisco, California. nne La ue Singlet possls.rpt l�$7Y1►LJ,,,,�L CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as Governing Board of the Contra Costa County F1ood.Control and Water Conservation District BOARD ACTION Claim Against the County, or District governed by) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Augu s t 5 , 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: THOMAS JORDAN County COunW ATTORNEY: c/o Sheri L. Jurnecka JUL few) 11986 Sterns , Walker & Grell Wrtines, CA 94553 ADDRESS: 280 Utah Street. Date received San Francisco , CA 94103 BY DELIVERY TO CLERK ON: July 23, 1986 BY MAIL POSTMARKED: July 22 , 1986 I. FROM: Clerk of the Board of Supervisors TO: 4666ty.IC6unsel: . . ' Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK DATED: July 24, 1986 BY: Deputy L. Hall I1. FROM: County Counsel TO: Clerk of the Board of Supervisors (yi This claim complies substantially with Sections 910 and 910.2 ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present .a late claim (Section 911.3). ( ) Other: Dated U - By: -eputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. ( ) Other: 1 certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: AUG 5 1986 PHIL BATCHELOR, Clerk, By W1Vy1Z1f_� 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 • i. Law Offices of 280 Utah Street Sterns, Smith, Walker, San Francisco, California 94103 Pesonen S Grell (415) 626-1000 Gerald C. Sterns Thomas G. Smith Elizabeth W. Walker Walter H. Walker III David E. Pesonen Christopher E. Grell Jeanette K. Shipman James Paul Collins July 22, 1986 Virgil James Wilson III Shelley L. Coleman Contra Costa County Flood Control District Clerk of the Board 651 Pine Street Room 106 Martinez , CA 94553 Re: Amended Claims To the Clerk : Enclosed are eight amended claims, which claims have previously been filed with your office . Also enclosed is a self-addressed and postage-paid envelope for your convenience in returning a copy of these claims to us. Please indicate the date received on the copy before you return them. Thank you. V;erly yours , 6 LaRue Singleto Sy/Sterns Offic sls enclosures 072286/3500x ti AMENDED 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'4'1 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 17, 1986 at c/o Broadline Corporation, 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 c LRE,CEIVED Sheri L. J'ur ecka Attorney fo Claimant 3505-A V� 1986BAT ELOA R Sup SM. AMENDED 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 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 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 f AMENDED 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 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015.5 I declare that: I am employed in the City and 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 21, 1986, I served the within Amended Claim For Personal Injuries, Property Damage and Equitable Relief 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 651 Pine Street 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 21, 1986, at San Francisco, California. nne LaRue Singlet possls.rpt Law Offices O Stems,Smith,Walker 6 Grell 280 Utah Street San Francisco,Califomia 94103 Gerald c Stems (415)626]000 Thomas G.Smith June 24, 1986 Telex 67 543 GCS SFO Elizabeth W.Walker Waiter H.Walker III Christopher E.Grell Jeanette K Shipman James Paul Collins William H.Curtiss N Virgil James Wilson UI `d � Shelley L Coleman � �1 "--""City of San Pablo City Clerk 1 vEi� One Alvarado Square JUN 4K1986 San Pablo, CA 94806 Contra Costa County✓ y, U 04 Clerk of the Board 651 Pine Street, Room 106 .. Martinez, CA 94553 East Bay Municipal Utilities District C/o Tom Nordin, Risk Manager 2130 Adeline Street, Room 115 Oakland, CA 94623 Contra Costa County Flood Control District Contra Costa County 651 Pine Street Martinez, CA 94553 San Francisco Bay Conservation & Development Commission Alan R. Pendleton, Administrator _ 30 Van Ness Avenue, Room 2011 San Francisco, CA 94102 State of California Department of Water Resources c/o State Board of Control 770 L Street, Suite 850 Sacramento, CA 95812 City of Richmond 2600 Barrett Avenue Richrhond', CA 94804 Hawaii Office:Sterns f;Ingram,Growwwor Center,Honolulu 96813 (808)528.1900 Page Two June 24, 1986 West Contra Costa Sanitary District Attn: Dora Holder 2910 Hilltop Drive Richmond, CA 94806 Re: Claims of Richard Karnes, Dolores J. Karnes, Marvin J. Cohen, Steven Cohen, Donna Cohen, Edmund R. Nelson, Walter E. Nelson, Glenn Tast, Thomas Jordan, Jossie J. Nelson, Audrey Tast, Margaret Nelson, Herman E. Martin, Catherine A. Martin, , Ronald J. Martin, Jeffrey Martin, Daniel James Martin, Henry Benton, John. G. MacPherson, Joe Estrada, Joseph Corone, & Betty Lou Corone Dear Sir or Madam: The claims of the above persons are hereby amended to add the following dates of occurrence of flood loss: March 14 and March 17, 1986 . Very truly yours, Jea4 to K. Shi an JKS:sls 062486/3500v i PROOF OF SERVICE BY MAIL —CCP 1013a,2015.5 1 II. I declare that: 2 ! 1 am employed in the City and County of San Francisco,California. I am over the age of eighteen years and not a party to the within I 3 cause. My business address is 290 Utah Street, San Francisco, California, 94103. 4 On June 2 4, 19 R 6 I served the within AmPnrl eA Claim c 5 6 I on the parties in said cause,by placing a true copy thereof enclosed in 7 a sealed envelope with postage thereon fully prepaid,in the United States mail at San Francisco,California,addreaad as follows: 8 I . 9 City of San Pablo West Contra Costa Sanitary City Clerk District 10 One Alvarado Square Attn: Dora Holder 11 San Pablo, CA 94806 2910 Hilltop Drive Richmond, CA 94806 12 Contra Costa County 13 Clerk of the Board 651 Pine Street, Room 106 14 Martinez , FA 94553 15 I East Bay Municipal Utilities District 16 c/o Tom Nordin, Risk Manager 17 2130 Adeline Street, Room 115 Oakland, CA 94623 18 19 Contra Costa County Flood Control District Contra Costa County 20 . 651 Pine Street 21 -Martinez , CA 94553 22 San Francisco Bay Conservation & Development Commission 23 Alan R. Pendleton, Administrator 30 Van Ness Avenue, Room 2011 24 San Francisco, CA 94102 25 State of California 26 Department of Water Resources 27 c/o State Board of Control 770 L Street, Suite 850 28 Sacramento, CA 95812 29 City of Richmond 30 2600 Barrett Avenue 31 Richmond, CA 94804 32 33 1 declare under penalty of perjury that the foregoing is true and correct,and that this declaration was executed on 34 June 2 4, 19 8 6 ,at San Francisco,California. 35 36 Suzanne LaRue Singleton (TYPE OR PRINT NAME) SIGN TUBE Law Offim of SOM Smith, Walker L CONI 290 Utah Street Fardsco,CA 94103 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY. CALIFORNIA and as Governing Board o e the Contra Costa County Flood Control and Water Conservation District BOARD ACTION Claim Against.the County, or District governed by) lye Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT August 5 , 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". county COUnS@I CLAIMANT: JOSSIE J. NELSON � JUL 2 11986 ATTORNEY: C/o Sheri L. Jurnecka Sterns , Walker & Grell Martinez, CA 94$$3 ADDRESS: 280 Utah Street Date received San Francisco, CA 94103 BY DELIVERY TO CLERK ON: July 23, 1986 BY MAIL POSTMARKED: July 22, 1986 I. FROM: Clerk of the Board of Supervisors TO: County. Cbunsel:< Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK // �. DATED: July 24, 1986 BY: Deputy 17 Hart 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 c:;',ff 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. ( )0 Other: Portign of Claim as amended not previously returned as untimely is redected in X11. I certify that this is a true and correct copy of the Board's Order Ver 0 in its minutes for this date. Dated: AUG 5 1986 PHIL BATCHELOR, Clerk, By. Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally'terved or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as Governing Board of the Contra Costa County Flood Control and Water Conservation District BOARD ACTION Claim Against the County, or District governed by) the.Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Augu s t 5 , 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: JOSSIE J . NELSON ATTORNEY: c/o Sheri L. Jurnecka Sterns , Walker & Grell ADDRESS: 280 Utah Street Date received San Francisco, CA 94103 BY DELIVERY TO CLERK ON: July 23, 1986 BY MAIL POSTMARKED: July 22 , 1986 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK DATED: July 24, 1986 BY: Deputy r�e-wet�r�_, L. a I1. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2 ( ) This claim FAILS to comply substantially with Sections 910 and 910.2. and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1V. BOARD ORDER: By unanimous vote of the Supervisors present . ( ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By. Deputy Clerk WARNING (Gov, code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally'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 — • :.i Law offices Of 280 Utah Street Sterns, Smith, Walker, San Francisco, Califomia 94103 Pesonen E Grell (415) 626.1000 Gerald C. Sterns Thomas G. Smith Elizabeth W. Walker Walter H. Walker III David E. Pesonen Christopher E. Grell Jeanette K. Shipman James Paul Collins July 2 2, 1986 Virgil James Wilson III Shelley L. Coleman Contra Costa County Flood Control District Clerk of the Board 651 Pine Street Room 106 Martinez , CA 94553 Re: Amended Claims To the Clerk: Enclosed are eight amended claims, which claims have previously been filed with your office . Also enclosed is a self-addressed and postage-paid envelope for your convenience in returning a copy of these claims to us. Please indicate the date received on the copy before you return them. Thank you. V;erly yours , LaRue Singleto Sy/Sterns Offic sls enclosures 072286/3500x AMENDED 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 17, 1986 at c/o Broadline Corporation, 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 c ERECEI,VED Sheri L. J'ur ecka Attorney fo Claimant 9JkT 3505-A V� 1986 AMENDED 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 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 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 AMENDED 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 PROOF OF SERVICE BY MAIL - CCP 1013A, 2015. 5 I declare that: I am employed in the City and 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 21, 1986, I served the within Amended Claim For Personal Injuries, Property Damage and Equitable Relief 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 651 Pine Street 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 21, 1986, at San Francisco, California. nne LaRue Singlet possls.rpt AMENDED:`::-. 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 5, 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: JOSSIE J. NELSON County Counsel ATTORNEY: C/o Sheri L. Jurnecka JUL 0 5 1986 Sterns , Walker & Grell Martinez, CA 94553 ADDRESS: 280 Utah Street Date received San Francisco, CA 94103 BY DELIVERY TO CLERK ON: July 23 , 1986 BY MAIL POSTMARKED: July 22 , 1986 I. FROM: Clerk of the Board of Supervisors T0ointy,Cgun sel` Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK DATED: July 24, 1986 BY: Deputy L. Hal 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 �O :�� By: ` puty County Counsel 4z .77 II1. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3).. IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. (X) Other: Portion of Claim as is rejecteU in full . I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: AUG 5 1986 PHIL BATCHELOR, Clerk. By. ` 1 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 4. Law offices Of 280 Utah Street Sterns, Smith, Walker, San Francisco, California 94103 Pesonen & Grell (415) 626-1000 Gerald C. Sterns Thomas G. Smith Elizabeth W. Walker Walter H. Walker III David E. Pesonen Christopher E. Grell Jeanette K. Shipman James Paul Collins July 2 2 , 1986 Virgil James Wilson III Shelley L. Coleman Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez , CA 94553 Re: Amended Claims To the Clerk : Enclosed are eight amended claims, which claims have previously been filed with your office . Also enclosed is a self-addressed and postage-paid envelope for your convenience in returning a copy of these claims to us . Please indicate the date received on the copy before you return them. Thank you. . iu ry my yours nne La ue Single cretary/Sterns Office sls enclosures 072286/3500x AMENDED 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 17, 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 RE �EIVED Sheri L. J necka Attorney f r Claimant 3505-A JUL WKRD SuS sv D�anr AMENDED 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 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 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 AMENDED 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. nrandc12.rpt PROOF OF SERVICE BY MAIL - CCP 1013A, 2015.5 I declare that: I am employed in the City and 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. 2- On July 2x; 1986, I served the within Amended Claim For Personal Injuries, Property Damage and Equitable Relief 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 Clerk of the Board 651 Pine Street 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 2T' 1986, at San Francisco, California. nne La-Rue Singlet possls.rpt y Law Offices Of Stems,Smith,Walker 6 Grell 280 Utah Street San Frandsm,Caftmia 94103 Gerald c sterns (415)6261000 Thomas G.Smith June 24, 1986 Telex 67 543 OCS SFO Elizabeth W.Walker Waiter H.Walker QI Christopher E Grell ,.Jeanette K&* nan ,Janes Paul Collins William H.Curtiss ll /f Virgil James Wilson 11 Shelley L Coleman "Vi1efL 'City of San Pablo City Clerk One Alvarado Square JUN San Pablo, CA 94806 4111986 Contra Costa County✓ Clerk of the Board 651 Pine Street, Room 106 .. Martinez, CA 94553 East Bay Municipal Utilities District C/o Tom Nordin, Risk Manager 2130 Adeline Street, Room 115 Oakland, CA 94623 Contra Costa County Flood Control District .Contra Costa County 651 Pine Street Martinez, CA 94553 San Francisco Bay Conservation & Development Commission Alan R. Pendleton, Administrator _ 30 Van Ness Avenue, Room 2011 San Francisco, CA 94102 State of California Department of Water Resources c/o State Board of Control 770 L Street, Suite 850 Sacramento, CA 95812 City 'of Richmond 2600 Barrett Avenue Richmond, CA 94804 Hawaii Office:sterns 5 Ingmm.Coome xx Cater.Honolulu 96813 (808)5?B•1900 Page Two June 24 , 1986 West Contra Costa Sanitary District Attn: Dora Holder l 2910 Hilltop Drive Richmond, CA 94806 Re: • Claims of Richard Karnes, Dolores J. Karnes, Marvin J. Cohen, Steven Cohen, Donna Cohen, Edmund R. Nelson, Walter E. Nelson, Glenn Tast, Thomas Jordan, Jossie J. Nelson, Audrey Tast , Margaret Nelson, Herman E. Martin, Catherine A. Martin, , Ronald J. Martin, Je rey Martin, Daniel James Martin, Henry Benton, John G. MacPherson, Joe Estrada, Joseph Corone, & Betty Lou Corone Dear Sir or Madam: The claims of the above persons are hereby amended to add the following dates of occurrence of flood loss: March 14 and March 17, 1986. Very truly yours, /Yye•�IO Jeai2fte K. Shi an JKS:sls 062486/3500v e . PROOF OF SERVICE BY MAIL —CCP 1013a,2015.5 • , 1 I declare that: • 2 I I am employed in the City and County of San Francisco,California. I am over the age of eighteen years and not a party to the within " I 3 cause. My business address is 280 Utah Street, San Francisco, California, 94103. 4 can June24 , 19A(; I served the within Amen A eA r 1 Aim c S I . 6 I on the parties in said cause,by placing a true copy thereof enclosed in 7 I a sealed envelope with postage thereon fully prepaid,in the United States trail at San Francisco,California,addressed as follows: a 9 City of San Pablo West Contra Costa Sanitary City Clerk District 10 One Alvarado Square Attn: Dora Holder 11 San Pablo, CA 94806 2910 Hilltop Drive Richmond, CA 94806 12 Contra Costa County 13 Clerk of the Board 651 Pine Street, Room 106 14 Martinez , FA 94553 15 II East Bay Municipal Utilities District 16 c/o Tom Nordin, Risk Manager 17 2130 Adeline Street, Room 115 Oakland, CA 94623 16 19 Contra Costa County Flood Control District Contra Costa County 20 651 Pine Street 21 Martinez , CA 94553 22 San Francisco Bay Conservation & Development Commission 23 Alan R. Pendleton, Administrator 30 Van Ness Avenue, Room 2011 24 San Francisco, CA 94102 25 State of California 26 Department of Water Resources 27 c/o State Board of Control 770 L Street, Suite 850 . 29 Sacramento, CA 95812 29 30 City of Richmond 2600 Barrett Avenue 31 Richmond, CA 94804 32 33 1 declare under penalty of perjury that the foregoing is true and correct,and that this declaration was executed on 34 June -24, , 1986 at San Francisco,yor 35 36 Suzanne LaRue Singleton Z� - w/' (TYPE OR PRINT NAME) SIGN TU E Lary081ces Of Steno Smith. wake►&Grell 280 Utah Street Fomdwo.G 94103 AMENDED`::- j, i7 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as Governing Board of the Contra Costa County Flood Control and Water Conservation District BOARD ACTION Claim Against the County, or District governed by) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT August 5 , 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". County Counsel CLAIMANT: HERMAN E. MARTIN JUL 2 V1986 ATTORNEY: c/o Sheri L. Jurnecka Sterns , Walker & Grell Martinez, CA 84553 ADDRESS: 280 Utah Street Date received San Francisco, CA 94103 BY DELIVERY TO CLERK ON: July 23 , . 1986 BY MAIL POSTMARKED: July 22 , 1986 1. . FROM: Clerk of the Board of Supervisors TO: County Counsel. , . Attached is a copy of- the above-noted claim. PHIL BATCHELOR, CLERK ��/ DATED: July 23 , 1986 BY: Deputy f/) L. Hall 1I. 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: Date ,-ge County Counsel 1I1. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. ( � other: Portion of claim as amended not previously returned as untimely is rejected in full . 1 certify that this is a true and correct copy of the Board's Orderpred in its minutes for this date. AUG 5 198 Gated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally'3erved or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. if you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator Law Offices Of 280 Utah Street Sterns, Smith, Walker, San Francisco, California 94103 Pesonen 6 Grell (415) 626.1000 Gerald C. Sterns Thomas G. Smith Elizabeth W. Walker Walter H. Walker III David E. Pesonen Christopher E. Grell Jeanette K. Shipman James Paul Collins July 2 2, 1986 Virgil James Wilson III Shelley L. Coleman Contra Costa County Flood Control District Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Re: Amended Claims To the Clerk : Enclosed are eight amended claims, which claims have previously been filed with your office . Also enclosed is a self-addressed and postage-paid envelope for your convenience in returning a copy of these claims to us. Please indicate the date received on the copy before you return them. Thank you. Very ly yours , z nne LaRue Singleton S retary/Sterns Offic sls enclosures 072286/3500x AMENDED 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. -Martih, 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 17, 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 $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimants' damages is in the "Itemization of Damages" which is attached hereto. July 21, 1986 07 rECEIVED Sheri L. Ju ecka Attorney f Claimant 3507-A 1986ELORh � �Olq�r '•T' !*? "T: 'a1�T•'�F1. •f r Y1::l.r•�t �t'v- r•:. w,,: n r•.�.••:r •ti •. ' CLAIM AGAINST THE COUNTY OF -CONTRA COSTA (Puha uant to Go veh.nmen t Code.§-910, et a eq ) J U L. 7 1925 L T LOR CLER BO UPE V R$ CLAIMANT: BY ... .. ..., . .. .. . Name Tel�y )'q. 3 Address g , 0uwg WA U ;C iC'Gi n7a�l� C.4/ig PERSON TO WHOM ANY NOTICES CONCERNING CLAIM SHOULD BE SENT: Name VAUGHN E. SPUNAUGLE, Attorney at Law Tel .(415) 620-0398 . Address 219 Broadway, Richmond, CA 98405 DTD DAMAGE/INJURY OCCUR? Date ,P�� /� �� Time a.m. �g_p.m. LOCATION OF OCCURRENCE: Clayton Detention Facility, Contra Costa County CIRCUMSTANCES OF OCCURRENCE: Plaintiff was injured when she slipped and fell over rocks , dirt and paper that were negligently left on a pathway located on the premises .. Plaintif received injuries to her left foot, left •knee and to her neck . DESCRIPTION OF LOSS, DAMAGE OR INJURY: Stated above . NAME(S) OF CITY EMPLOYEE(S) CAUSING. LOSS, DAMAGE OR INJURY; IF KNOWN: Lieutenant Harrod — Director, Clayton Facility AMOUNT CLAIMED, INCLUDING ESTIMATED AMOUNT OF ANY FUTURE LOSS: $ 10 ,000 . 00 NAMES AND ADDRESSES OF ANY WITNESSES, DOCTORS AND/OR HOSPITALS: Highland Hospital, Oakland, California Witness - Nora Allen, 681&1/2 6th 'Street, Richmond, CA Witness - Henry Jones,Jr. , 636 ,Harbour, Ricchmon CA DATE Signa c alma nor p acting on his. behalf CLAIM MUST BE SIGNED. BY CLAIMANT OR PERSON ACTING ON CLAIMANT'S BEHALF CLAIM �`� f BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Cia'm Against the County, or District governed by). BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT August 5 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your County Counsel California Government Cbdes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), J U L 0 8 1986 Amount: $655 . 69 given pursuant to Government Code Section 913 a rfiwz CA 915.4. Please note all "WARNINGS". 5 CLAIMANT: STATE FAP14 MUTUAL AUTOMOBILE INSURANCE COMPANY ON BEHALF OF SUBROGEE, MARCIA J. GIBBS ATTORNEY: State Farm Insurance Companies 6400 State Farm Drive, ADDRESS: Rohnert Park, CA 94926 Date received BY DELIVERY TO CLERK ON: July 7, 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. PHIL BATCHELOR, CLERK DATED: July 7, 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: ;s pj By: (/ puty County Counsel III. FROM: Clerk of the Board TO: County Counsel (I) 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 en red in its minutes for this date. Dated: AUG 5 1986 PHIL BATCHELOR, Clerk, By � Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally`terved or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator iA STATE FARM INSURANCE ,s State Farm Insurance Companies Northern California Office 6400 State Farm Drive Rohnert Park,California 94926-0001 June 26, 1986 IMPORTANT PLEASE County of Contra Costa WRITE OUR CLAIM NUMBER* 651 Pine Street, 11th Floor ON YOUR REPLY OR PAYMENT Martinez, CA 94553 THANK YOU Re: Our Claim Number: *05-1235-169 Our Insured: Marcia J. Gibbs Date of Loss: 5-5-86 State Farm Mutual Automobile Insurance Company on behalf of Subrogee, Marcia J. Gibbs hereby makes claim for $655.69 and makes the following statements in support of the claim. 1. Notices concerning this claim should be sent to State Farm Insurance Companies, 6400 State Farm Drive, Rohnert Park, California 94926, referencing the above claim number. 2. The date and place of the accident giving rise to this claim are; on May 5, 1986 on Oak Park Boulevard in Pleasant Hill, California. 3. The circumstances giving rise to this claim are as follows: Our insured, Marcia J. Gibbs, was operating his/her vehicle, when your vehicle, a van, license #E483790, driven by Don Johns negligently collided with our insured causing vehicle damage. 4. There were no injuries reported. 5. Our total claim is as follows: Company's Net Payment $555.69 Insured's Deductible Interest 100.00 � ri � ,¢ • Total Property Damage $655.69 low QL State Farm Mutual Automobile Insurance Company State Farm Life Insurance Company State Farm Fire and Casualty Company HOME OFFICE: BLOOMINGTON, ILLINOIS 61710-0001 Page two NOTICE: This form is to provide notice of our claim for damages in accordance with the one hundred (100) day statute. If this form is not acceptable for compliance with the statute, please rush the necessary forms to my attention for proper filing. STATE FARM INSURANCE COMPANIES JUN 3 0 198b Dated: By: a Susan Braga Senior Regional Office aim Representative SL/tml State Farm Mutual Automobile Insurance Company 3B17/18 Encl: Supporting documents cc: 5651 .•••,•.•. STATE FARM INSURANCE FILE COPY NORTHERN CALIFORNIA OFFICE NOT NEGOTIABLE 1 02 783 385 N rr0400.rc ROHNERT PARK, CALIFORNIA 94926 CLAIM NUMBER 05 1235 169 NO. 8516 038 05A NO. -DATE--! 9 �• + PAY TO THE ORDER OF VARAU J. fuls 101 lobwU Pl.aamt RM, CA 94523 THE SUM OF THIRTY DOLLANS An asoll DOLLARS$ 30'00 COVERAGE IN PAYMENT OF LOSS_ICjOCgR��I66BOUT ... - (DATE OF ACCIDENT) ..``// . .-ENSURED (6I�U, ma"bi J• DRAWN ON COMPANY MARKED Q r ® STATE FARM MUTUAL AUTO NR.CO. STATE FARM FIRE AND CASUALTY CO. 501-1 Ile �� CIAMA REPRESEN ATNE t � STATE FARM GENERAL INS.CO. srAn I c STATE FARM COUNTY MUTUAL CooEa C1165 INS.CO. OF TEXAS APPROVED BY .,.., STATE FARM INSURANCE _ FILE COPY ^ �,T NORTHERN CALIFORNIA OFFICE NOT NEGOTIABLE 1 0 2 '783 0 0 0 l� ROHNERT PARK, CALIFORNIA 91926 ' CLAIM NUMBER 05 1235 169 0. 8516 038 05A NO. DATE 6 5 f6 + PAY TO THE ORDER OF 14 C ♦uro am 2535 2bumamt Uvd ' oocoordR CA 94518 - THE SUM OF nyz tw � �t rm n An 69/10 DOLLARS$' 125.69 7 /N PAYMENT OF LOSS WHICH OCCURRED ABOUT ' COVERAGE t (DATE OF ACCIDENT) 5 5 86. aim Tsba'/i pn j SURED ✓ DRAWN ON COMPANY MARKED❑X t © STATE FARM MUTUAL AUTO INS.CO. � � f r 400-1 ua STATE FARM FIRE AND CASUALTY CO. OEPRESENTATNE 1 D STATE FARM GENERAL pit.CO. HATECcce I ICL urn R STATE FARM COUNTY MUTUAL 16 5 1 INS.CO. OF TEXAS APPROVED BY 1 SfATE FART MUTUAL INSURANCE COMPANI' PLEASANT HILL SERVICE CENTER CIVIC DkIVE P. 0. BOX 4011 CONCOR%, CA 94.524 5 D (Alt) 6S'7-7600 • A4 LOC. 2413030 DATE 05.'07186 n v v. C'_4IMi 05 12235 169 POLICY# � v INSURED GIBE,S,hAP.CIA CLAIMANT r z mg i L055 LATE 05-05-86 TYPE OF LOSS COL ID aZ, z S J 3 v. c INSP DATE 05-07-86 LOCATION PHSC rm = nD p ESTIMATOR HEN-'Y VASQUEZ DO'S.ANY z M a rn 70=' p mp z -NAME GIBES �� x ADDRE5S 101 ROBEPTE. z �x i CITY STATE PL HILL, CA m O z ZIP PHONE 93y-5056 LIC# VIN IVW010174OV015563 ENS/COLON: MILEAGE 041910 CONDITION ACCT'tu CTL 4 M CR06: E-NEW PART EC-EC[140O '.Y PAT-:T EU-SALVAGE PAPT E P-SEE PAL REPOPT P-CHECKD co�i I=REPAIR/ALICS!5UP,LET L-PErINIS►z N=ADDITIONAL LAEOR OPERATION n V. v TE=PAPT/PAPTIAL REPLACE ET-LAEOG/PAC-TIAL_ REPLACE IT=LABOG;/PARTIAL REPAIR cnc v AA=APPEARANCE ALLOWANCE RP=RELATED PRIOR DAMAGE UP-UNPELATED PRIOP DAMAGE m� T m I• 1983 VIA, RAPIP11 WESTM•x:ELANL, 2 DF; SEDAN 61412E OPTNS GIQ >z z g v: c JPTIONS : GTI PACKAGE D� O C z 3 s r; 7F GDE AC DESCRIPTIDN MFG. PART NO. PRICE AJ% HOURS Rm m r 'v TE%075 STRIPE ASSEMBLY LT 171092524COAl 9.80 1 m s z ET 077 STRIPE,FNDR SIDE LT PARTL.REPL.4 19 • , .4 1 Z n p :T 096 STRIPE,FNDP LWT; L/R PARTL.REPL.# 23 .2 1 a i r �s E P103 FENDED,FPDNT LT ECONOMY DART 72.45 2.3 1 T' L 103 FENDER,FROKT. LT REFINISH 2.8 4 "'> _ I 209 PNL,FRT GOOK OTP LT REPAIR/ALIGN 1.0* 1 L 209 PNL,FRT DOOR OTP LT REFINISH 1 .0* 4 E 417 MLDG,FENDER SIDE LT 175853335FOSC 10.60 .3 1 E X419 MLDG,WHEEL CIPNG LT R 6 I * .9 1 G TE 729 STRIPE ASSEMBLY 175853411E 33.50 1 GO V 974 SUSPENSION ALIGN,FRT ADDTL LABOR 1.0 2 EC 2 STAGE ECONOMY PART 15.00* 1.5* 1 W D � .<r 1 n v- V. 12 ITEMS *** %-CALL DEALER FOR EXACT PART * REQUIRED �L nr m, -INAL CALCULATIONS S ENTRIES m 9 T rr.. J' GROSS PARTS 53.90 n z OTHER PARTS 87.45 v �. PAINT MATERI4L60.80 �m >0 )ART5 TOTAL e02.15 3 C TAX ON PARTS i MATERIAL 9 6.50% 18.14 LABOR RATE REPLACE HRS REPAIR HAS mc) cn 1-SHEET METAL 99.00 5.0 1 .0 228.00 mD 2-MECH/ELEC 88.00 1.0 88.00 a z 3-FRAME 98.00 c rn 4-REFINISH 88.00 3.8 144.40 _?80R TOTAL --•———— — 410.40 TAX ON LABOR SUBLET REPAIPS TOWING 6 STORAGE :, 055 TOTAL 625.69 LESS: DEDUCTIBLE 100.00- cow �r DN T TOTAL 325.69 Dr mM .;CP # ALIDATEX (A4) LOG 2413J30 DATE 05107/96 16:17.31 x]29 mM Tm zz "40TICE - REPAIRS rO THIS VEHICLE MAY REQUIPE SPECIFIC 3� nn F;CING EQUIPMENT AS RECOMMENDED BY THE MANUFACTURER" r ----------------------------------------------------------------------------- MM m'V vM mo OM :L:259C-1 PAL LOCATE REPORT Z :;.;N ;ATE: 09/07/85 �o m< D r ,DE NO PAL IO PAL PRICE PAL PART NO PAL DESCRIPTION CODE 103 PALD400. * * 4503 FENDER,FRONT LT 01 n mr :!:DE DISTRIBUTOR/ADOPESS CITY ST ZIP TELEPHONEr DCA �c (Av 01 KSK IMPORTED PARTS (408) 436-2888 > 1592 OLD BAYSHORE HIGHWAY SAN JOSE CA 95112 (000) 000-0000 m K Tm DZ ACP 4 AUDATEX (A4) LOG 2413030 DATE 03/07/86 16.17:32 029 gv� x mount a o Y 3F �m m� �x m mr STATE FARM'S AUTO DAMAGE CLAIM POLICY WHEN YOU HA VE AN AUTO DAMAGE CLAIM WE OWE,HERE'S WHA T YOU SHOULD KNOW • We want you to receive quality repair work. • We will provide you with a detailed appraisal of damage and the cost of repairs. • You may have your car repaired at a garage of your choice. • Ynij maw have nn —...... ...-'----- AUTOMOBILE DAMAGE PHOTOS . NAME OF OWNER, PHONE ❑ INSURED I CLAIM NUMBER ❑ CLAIMANT LOCATION OF CAR INSPECTION I DATE MAKE I MODEL J STYLE APPRAISER LICENSE NUMBER I SERIAL NUMBER I MILEAGE I CONDITION %tiS•.- alk. _ . COMMENTS COMMENTS 0 I COMMENTS COMMENTS 405!42-11.71 - 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 5, 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: RUDOLPH A. PERUZZARO .ATTORNEY: J. Thomas Deal JUL 0 91906 McNamara, Houston, Dodge, McClure & Ney .4480P,Z. . ADDRESS: 1211 Newell Ave. , Ste. 202 Date received P.O. BOX 5288 BY DELIVERY TO CLERK ON: July 8 , 1986 Walnut Creek, CA 94596 BY MAIL POSTMARKED: July 7 , 1986 certified #P139933368 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK DATED: July 8, 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 forleave to present a late claim (Section 911.3). ( ) Other: Dated By:JQL- 4. Z-,A CDeputy 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 5 1986 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally'terved or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately, CC: . Claimant County Counsel County Administrator CLAIM TO: BOARD OF SUPERVISORS OF CONTRA 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 nr r1erk' s filing stamps RUDOLPH A. PERUZZARO . RECEIVED) Against the COUNTY OF CONTRA COSTA) JUL 1986 ) 1.B NEIOR or DISTRICT) Cl �a os A (Fill in name) ) 119y The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $indemnification for any and in support of this claim represents as follows: amount recovers y 1.- When did the damage or injury occur? (Give exact date and hour) January 1 , 1983 . ----------- --------------------------------------------------------- 2. Where did the damage or injury occur? (Include city and county) 9601 Driftwood Court, E1 Sobrante, California. ------------------------------------------------------------------------ d 3. How did the amage or injury occur? (Give full details, use extra sheets if required) Failure to maintain culverts resulted in a landslide. ------ - ------------------------------------------------------------- 4 . Wh-at-pa--rticular act or omission on the part of county or district officers , servants or employees caused the injury or damage? The culverts were not maintained. (over) { 5. What are the names of county or district officers, servants !crr-rT. :;: = I employees causing the damage or injury? Unknown at present. ------------------------------------------------------------------------- Z. What damage or injuries do you claim resulted? (Give full extent of ,injuries or damages claimed. Attach two estimates for auto damage) Damage to property and residence. ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Cost of repairs. ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. Alvin Narasaki. , - - - -- -------------7------ 9-.--�-.-i-s-t•--•t�--e--e-x-pend----i-tur--e--s--you----made-----on--accoun------t--of-th-is- accident or injury: i t, : D$T.I . {. I ITEM AMOUNT Mone, to date. This 'is an indemnity claim. .! t Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some on on his b alf. " Name and Address of Attorney cc eT� J. Thomas Deal 1211 N ewe gnS�ui re e 202 McNAMARA, HOUSTON, DODGE, McCLURE & NEY 1211 Newell Avenue, Suite 202 Walnutd8reekS, CA 94596 ' Post Office Box 5288 Walnut Creek, California 94596 415-939-5330 Telephone No. 415-939-5330 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 5, 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph 1V below)- 3et' cpunsp► Amount: Undetermined given pursuant to Government Code Section -ano 915.4. Please note all "WARNINGS". CLAIMANT: CRAIG SHOENER P Ca 44556 ►�afir � ATTORNEY: ADDRESS: P.O. Box 1824, Date received Martinez , CA 94553 BY DELIVERY TO CLERK ON: July 8, 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, CLER!K,4 DATED: July 8 , 1986 BY: Deputy L. Hall I1. FROM: County Counsel TO: Clerk of the Board of Supervisor's (� This claim complies substantially with Sections 910 and 910.2 ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated Q 19g(, By: JLX.4,L-d-4_-A_A_-)Deputy County Counsel I11. . 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: 1 certify that this is a true and correct copy of the Board's Order me ed in its minutes for this date. Dated: AUG 5 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 Rt JCLSII� TO: BOARD OF SUPERVISORS OF CONTRA CO§*rRqWq&ppiiCaOonto; A Instructions to ClaimantVerk of the Board & P, Q s./.,, Ngo 6 M ninez,Calitomia 94553 A. " Claims relating to causes of action for death or �or injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.21 Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end or this form. RE: Claim by )Reserved for Clerk's filing stamps RECEIVED PO, 8nx N.241 , marf iNeZ . ) Against the COUNTY OF CONTRA COSTA) J U L ?a o� ,,6G or DISTRICT) �%ILSAT NELOR F i i n name ) a A o su c sons The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of .f and in support of this claim represents as follows: ------- ------- -------- -------------- ----------------- ---- --- �. When did the damage or injury occur? Give exact date and hour] Afwda y Mo y GPPrti'x• ��' -- --- --- -- --�•-----T-T---------------- occur? (Include---- c---ity-a--nd---c-----ountyf---- where did tFie damage or injury Dewi;v.q Lame- Ctk,NUf. Creek) Ca, COV, ?r4 Co r 3. How did the damage or injury occur? (Give Eill detaliS, use extra sheets if required) 1 was Q vre5�ecf e-a r i'y !f M 44 e, ;2L66 rA oT �y Ae /lav,/-.5 0,VUUrL${.NC1iA�q WakV0 , ,4e-C.Ord,'Ny f'o 4-Ae C1&_SCY/P 'LW 0-0c �-A - arre. 6'v55 o4i*ce-4- h 1_1% sQN�/y, of DaNv,:l1e, c, DePvfy J,wes FAxAayas; &A;cleuf�ed My ha'wJs so f-�' At fha�f- t svf�'e+-a NeJ-ve, cJ0Muye. 4C, M y /e.f f h 4N�/ b _ There r5 S r�/� N�fMbNes'S i/V M�/ �rcr � f-�l,ree ���e,� 4. What particular act or omission on the part of county or dNIREt officers, servants or employee a sed the injury or damage? Dep �Tutir es FlaNn�y4,v `� Ac�nz�s V�vY f-r jlt f , er Vent a�'�e-N 'I y r Id h G vf-fs we,r e Gnus i Ny Me Pt iso Afk* GYYr VI/l19 q t E /V1arbAlez LouN / J a ) My le-P� AQAd LA45' N M(), ri e NuMI NeaS cyi dN'fo a wa (over) g y /f w45 dia9ntos e.� fh4f cygivay,�_ !Ud 6eent don;'e, -/o 1(-Xe- Me. aN /1 OVv e-, o� /may le f�_ /'1a1Vd, 5. What are the names of county or district officers, servants or— employees causing the damage or injury? 'PePU fy/ J'QA4e5 FIQ1vn49aN 5. What damage or injuries do you claim resu�te�? Give dull extent of injuries or damages claimed. Attach two estimates for auto damage) , Thi �eealfoN Nc,,-ve o y �e�'� AQNd u,rts i/jvre,l. 7. How was the amount claimed above computed? (Include the estimate` amount of -any prospective injury or damage. ) 1� wus "m pv� by Godsdetiouy we eXlen1i W Na�ve'e of- 44e I Nj-1rr fs 5v'Ny 40 M e o y i4l-e44m ew f s -( gel tic AiNel Iwo k A Pc;-^q 8. Names and addresses of witnesses, doctors and hospitals. &ON2-0 les ) Mal �iNez 14--c' /kA Cew {- Cowly Hospila/ k i'N Al. POONA C e v J,f i ed a e p NG f u r i s f 9/ GYe_gory LoNe- * / Plea5UNt 141a) Ca..) 9�fSa3 �S. List the expenditures you made on account of this accident or injury: `p Ira 1 C��irc'' DATE ITEM AMOUNT 6= s- -Sr 4, M0NoNevra 44,y aS 6 - �-C- -Srr...•.... - - r Govt., Code Sec:-110.2�erovides: *1 "The' claim signed by the claimant SEND J6_4C_E9`4TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney I =,4 Maimant s Signature I aM rep.cs<-N�rnj MySC/� � PO. BoxBox Address gr AlA;Pz , (ler, fS"3 Telephone No 6, ort h.,.` tT 4-rT6 3 Telephone No.(u,ork) 2 S-3-SSb 3 NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, ' or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, 'any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony." i t CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION 0 aim Against the County, or District governed by) the Board of Supervisors, Routing Endorsements,. ) NOTICE TO CLAIMANT August 5 , 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: RUDOLPH A. PERUZZARO ATTORNEY; J. Thomas Deal JUL 0 91986 McNamara, Houston, Dodge, McClure & Ney MaltlMCA10553 ADDRESS: 1211 Newell Ave. , Ste. 202 Date received P. O. Box 5288 BY DELIVERY TO.CLERK ON: July 8, 1986 Walnut Creek, CA 94596 BY MAIL POSTMARKED: July 7 , 1986 certified #P1399.33367 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 8, 1986 BY: Deputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2 (� This claim FAILS to comply substantially with Sections 910 and 910.2. and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated. By: i Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (x) This Claim is rejected in full. ( ) Other: 1 certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: AUG 5 1986 PHIL BATCHELOR, Clerk, By �`y Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date 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 ) Resery g stamps RUDOLPH A. PERUZ ZARO ; RECEIVED JUL 1986 Against the COUNTY OF CONTRA COSTA) j P B T ELOR or DISTRICT) aEAK ST (Fill in name) ) sr • • apn� The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $indemnification for any and in support of this claim represents as follows : e o ere y ---------------------------------------------------Plaintiff------------ d 1. When did the amage or injury occur? (Give exact date and hour) March 31, 1983 . -----------T------------------------------------------------------------ 2. Where- did the damage or injury. occur? (Include city and county) At or near 4642 Driftwood Court, E1 Sobrante, California. ------------------------------------------------------------------------ d 3. How did the amage or injury occur? (Give full details, use extra sheets if required) Failure to maintain culverts resulting in landslide. ------------------=----------------------------------------------------- 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? The culverts were not maintained. (over) 5. .� What are the names of county or district officers, ;.ser.vants::.or:_ I employees causing the damage or injury? Unknown at present. ------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Damage to property and residence. --------------------------------------------=---------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Cost of repairs. ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. Robert and Frances Flores; Dennis and Becky Woodruff. ----------_--__��---1.--------------------------------------------------- 9. ,ist the expenditurgs you made on account of this accident or injury: j )ASE. ; " i ITEM AMOUNT Pone to .date. This 'is an indemnity claim. L Govt. Code Sec. 910. 2 provides : "The claime d by the claimant SEND NOTICES TO: (Attorney) or b some on his be lf. " Name and Address of Attorney J. Thomas Deal 1211 T efftvenu , quuite 202 McNAMARA, HOUSTON, DODGE, McCLURE & NEY 1211 Newell Avenue, Suite 202d es Post Office Box 5288 WalnUt- reek, CA 94596 Walnut Creek, California 94596 415-939-5330 Telephone No. ( 415) 939-5330 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 5, 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. 00 given pursuant to Government Code Section 9f4Y8k1 Counsel CLAIMANT: 915.4. Please note all "WARNINGS". JOE BENGE J U L Q y 195 Martinez.Ck&553 ATTORNEY: 207 Lake Avenue Rodeo, CA 94572 ADDRESS: Date received July 8, 1986 BY DELIVERY TO CLERK ON: BY MAIL POSTMARKED: July 7, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK 1�z4y� . DATED: July 8, 1986 BY: Deputy /V( Hall H. 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: 9, . % Oto By: c-e-/C,L fit-LG�sL�CSl� ty County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (�) 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 5 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 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 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 ) Resery stamps RECEIVED Against the COUNTY OF CONTRA COSTA) JUL 198 ) OAT El0 or DISTRICT) cLK R0 (Fill in name) ) By .. . .. A.. ............. The undersigned claimant hereby makes claim against theC unty of Contra 1�j 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 our ----�= --------------HPe1�azC__9-�m------------------------------ 2. Where_ did the damage or injury occur? (Include city and county) 207 LPKE I% AI LJE Imo/ En L1N__"y------------------------------ 3. How did the damage or injury occur? (Give full details, use extra sheets if required) �E� UL SH ou_Lh 6E Mair C- b J - Y Flo . `� 5A ) b 4 . What particular act or' omission on the part of county or district officers , servants or employees caused the injury or damage? S.HZU LL 41�V E ACP C1� ISI O ��L� To NVE TIDE LP(Ki (over) 5.: What are the names of county or district officers, mservants -..or, I employees causing the damage or injury? S)nT-T F-J MQ N 6 S ----'Rha --------------------------------------------------------------- ---- 6. What damage or injuries do you claim resulted? (Give full extent of injuriesor damages claimed. claimed. Attach two estimates for auto damage) U k �En C_ Td EE Lif---PrQ EIt� ------------------------------------------------------------------------- 7. How was the amount claimed above computed? . (Include the estimated amount of any prospective injury or damage. ) ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. ------------------------------------------------------------------------- 9. . I;ist �theexpenditures you made on account of this accident or injury: DATE, ; ITEM AMOUNT "1 -3 glo s LEI) t� Ii�Cs 1 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 ,-P a ' ant' �Si natu� �L- dr Q4EY72— Telephone No. Telephone No. �Q� - a ************************************************************************** NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " ESTIMATE COPY f os R $ yp • �J'p IC O 1 L O S > 3 4 i p� _ ,g m r po 1:0 mm n o mm. - m > o •.g - Z r �p,� v Z o^ A ;a ,3� D yy .a♦ n _ m O o 9 n z c o < m p o T o m n >i co cJ3R3 C o- p G^J J 3o o s R"?3o m D m r. m r m o 0 D q m s o m Q V Sm mo > O U) v z `� -� .. r m' 1 $ 1-3 » o l yz `-- �aeerST !+m>> 0 8 s o 8• ._,,.ra y :.•,..ia:.i n -30k, ? -- :- Z xr c .� m'� 1 - _ mZ02� t -_ - m <v n Qv a z � 0 O c nR�ot , .N ❑£ O J i m -__v m ? N 3 -- ❑a Z m V J m L1 n. O D_I s ti s mm n o fp � n d N w O N:O �:= N nn• .� ..7'.. 7.: _ RID, Q000000'' o: oeo, :aa Fv - - - - w ._ co ... ...... .. .: Innis ARO-672-4 . 4 PART CLAIM , %/ BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ' Claim against the County, or District governed by) BOARD ACTIOk the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT August 5 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Section 913 and Amount: Unspecified 915.4. Please note all "WARNINGS". County Counsel CLAIMANT: DAVID M. SCRUBY JUL 11 2986 ATTORNEY: c/o Gordon I. May 14ero"4 Law Offices Of Stevens , Drummond & Bybee W ADDRESS: 1910 Olympic Blvd. , Ste. 2500ate received Walnut Creek, CA 94596 BY DELIVERY TO CLERK ON: July 10, 1986 BY MAIL POSTMARKED: July 9, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK 157 DATED: July 10, 19.86 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 J By: v L1LC�C,C�L/��py�y County Counsel III. FROM: Clerr of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (x) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order ntered in its minutes for this date. Dated:. AUG 5 ,986 PHiL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally'§erved or deposited in the mail to file a court action on this claim. See Government .Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator • LAW OFFICES OF f ,FRANK M. STEVENS STEVENS, DRUMMON D & BYBEE TELEPHONE GARY T. DRUMMOND A PROFESSIONAL A OCIATION 944-5550 ROBERT BRUCE BYBEE 1910 OLYMPIC BOULEVARD, SUITE 250 AREA CODE 415 ROBERT J. KAHN WALNUT CREEK,CALIFORNIA 94596 GORDON 1.MAY July 9 , 1986 p�^�T� 1� (� 1 ED Clerk of the Board of Supervisors JUL /D '°�;; For the County of Contra Costa 651 Pine Street CL, "oN pC)4D pv Martinez , California 94553 = � "s Re : The People of the State of California vs . C. J . Black , an individual and dba Orinda Records , et al . ; and , Cross-Action : Michael Phillips , C. J. Phillips , et al . vs . Gary T. Yancy, et al . Contra Costa Superior Court Action No. 275765 Gentlemen : We are attorneys representing cross-defendant , David M. Scruby, and The Underground , in the above-referenced action. Please consider this letter as a claim by our client against the County of Contra Costa pursuant to Government Code §900 , et sem. The name and address of the claimant is David M. Scruby and The Underground , c/o Stevens , Drummond & Bybee , 1910 Olympic Boulevard , Suite 250, Walnut Creek , California 94596. This claimant is represented by our office and we request that all notices with respect to this claim be sent to our office in care of Robert Bruce Bybee , at the law offices of Stevens , Drummond & Bybee , 1910 Olympic Boulevard , Suite 250 , Walnut Creek , California 94596 . Our client ' s claim against the County of Contra Costa is for comparative indemnity, equitable indemnity, and contribution . This claim arises out of the cross-complaint - for damages filed by Michael Phillips , C. J. Black , et al . , in the above-referenced action. In the main action, the' State of California has sued the cross-complainants , Phillips , Black , and Orinda Records , seeking to restrain their allegedly unlawful activities in con- signing records to individuals and entities throughout California and , thereafter , without interim contact, filing suit in Contra Costa County to recover the value of the records . Cross-complainants Black and Phillips have cross-complained against members of the Contra Costa' District Attorney ' s Office and individual record dealers who complained of their practices and , apparently, cooperated in some manner with the District Attorney in preparing and prosecuting the main action. The STEVENS, DRUMMOND b BYBEE Clerk of the Board of Supervisors July 9 , 1986 Page Two allegations are , generally, that the District Attorney and the dealers conspired and acted to ruin cross-complainants ' lucrative record consignment business . The cross-complaint alleges eighteen causes of action including conspiracy, collusion, perjury, falsi- fication of documents , coercion, willful misconduct , prosecutorial misconduct , fraud , interference with business , extortion, mis- representation, breach of express and implied contract , slander , libel , defamation , intentional and negligent infliction of emo- tional distress , and barratry. Our client , David M. Scruby and The Underground , was named in the above-mentioned cross-complaint filed on May 19, 1986 , in the Contra Costa County Superior Court . The cross-complaint was served on our client on approximately June 9 , 1986 . Discovery is just getting underway and the names of other parties who may be responsible are unknown at this time. Discovery is con- tinuing. The amount claimed as of the date of presentation of this claim is currently unknown as there has been no settlement or judgment . We understand that cross-complainant is seeking general damages between $500 , 000 and $1 ,000 ,000 , special damages as high as $1 ,000 ,000, and punitive damages between $1 ,000,000 and $2 , 000 , 000 , depending upon the cause of action. Please return an endorsed-filed copy of this letter to the under- signed in the enclosed envelope . If you have any questions , please feel free to contact us . We look forward to your response pursuant to Government Code §900 , et seq. , within forty-five days . Very truly yours , STEVENS , DRUMMOND & BYBEE GORDON I . MAY GIMkr Enclosures