HomeMy WebLinkAboutMINUTES - 08181987 - 1.15 1,15-
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
F
LClaim Against the County,"or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Au gu s t 18 1987
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $100, 000 . 00 Section 913 and 915.4. Please note all "Warnings".
County C0unsel
CLAIMANT: MARY SEWELL AND RUSSELL SEV ELL
c/o Richard H. DuBois JUL 2 1. 1987
ATTORNEY: Attorney At Law
702 Marshall Street #400 Date received 10art11ne-7fy� 5 5,,987
Redwood Cit CA 94063 rte
ADDRESS: S'� BY DELIVERY TO CLERK ON
BY MAIL POSTMARKED: July 14, 1987
I. FROM: Clerk of the Joard of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
July 23 , 1987 PpHHIL ATCHELOR, Clerk /
GATED: Y BY: Deputy G /
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) This claim complies substantially with Sections 910 and 910.2.
(VX 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: /"P,(� i���Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
(�) This Claim is rejected in full.
/( `) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated:
AUG 18 1987 �-�'-��
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.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order a d Notice to Claimant, addressed to
the claimant as shown above.
AUG 20 1987
Dated: BY: PHIL BATCHELOR by eputy Clerk
CC: County Counsel County Administrator
1 RICHARD H. DUBOIS, ESQ.
First Interstate Bank Building {(�
2 7U2 Marshall Street, Suite 400 �� v
Redwood City, CA 94063
3 ( 415 ) 367-6222
4 Attorney for Plaintiff ,.
5
6
7
8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA
9 In the Matter of the Claim of
10 MARY SEWELL and RUSSELL SEWELL, CLAIM AGAINST PUBLIC
ENTITY
11 Claimants,
12 -vs.-
13 COUNTY OF CONTRA COSTA /
14 Claimants, MARY SEWELL and RUSSELL SEWELL, hereby make claim
15 against COUNTY OF CONTRA COSTA for the sum of $100 ,000. 00 and
16 makes the following statements in support of the claim.
17 1. Claimants home address is 6636 Arlington Boulevard,
18 Richmond, California.
19 2. Notices concerning the claim should be sent to
20 Richard H. DuBois, Attorney at Law, 702 Marsnall Street,
21 Suite 40(x , Redwood City, CA 94063 .
22 3 . The date and place of occurrence giving rise to this
23 claim are April 21 , 1987, on the public sidewalk fronting 5701
24 Barrett Street, in the County of Contra Costa.
25 4 . The circumstances giving rise to this claim are as
26 follows: On the above date and place, claimant, MARY SEWELL, was
27 walking on the public sidewalk which was in a dangerous condition
NUDELMAN 28 due to lack of maintenance and repair. The dangerous condition
& DuBois
ATTORNEYS
FIRST INTERSTATE
BANK BUILDING
702 MARSHALL ST.
SUITE 400
REDWOOD CITY,
:ALIFORNIA 9406$
(415) 567-6222
r
.
1 constituted several breaks in the -sidewalk so that it was not
2 level and in fact had ridges of approximately 1 inch in height.
3 Due to the dangerous condition., -claimant, MARY SEWELL, tripped and
4 fell causing her serious injuries.
5 - 5 . Claimant' s injuries consist of a broken wrist, residual
6 disability, and other bruises. Claimant, RUSSELL SEWELL, claims
7 damages for loss of consortium due to his wife's injuries.
8 6 . The names of the public employees causing the claimant' s
9 injuries are currently unknown.
10 7. The claims of each claimant as of this date is
11 $100 ,000. 00 .
12 8. The basis of computation of the above amounts are based
13 on estimated medical expenses and general damages. The exact
14 amounts of either of these items are at this time.
15 Dated: July 8, 1987
16
R CHARD H. DUBOIS
17 Attorney for Claimants
18
19
20
21
22
23
24
25
26
27
28
NUDELMAN
81 DUBOIS
ATTORNEYS
FIRST INTERSTATE
BANK BUILDING
702 MARSHALL ST.
SUITE 400 ��_
REDWOOD CITY.
-ALIFORNIA 9406$
(415) 867-6222
YS
] VERIFICATION
2
3 We, MARY SEWELL and RUSSELL SEWELL , declare that:
4 -We are the Plaintiffs in the above-entitled action; We have
5 read the foregoing Claim Against Public Entity and know the
6 contents thereof; the same is true of our own knowledge, except as
7 to those matters which are therein stated upon our information or
8 belief , and as to those matters we believe it to be true.
9 We declare under penalty of perjury that the foregoing is true
10 and correct and that this verification as executed on
11
at ,
v
12 Calif45Tnia.
13
14
15 MARY SE
16
ITIUSSELL SEWEELL
17
18
19
20
21
22
23
24
25
26
27
28
NUDELMAN
& DUBOIS
ATTORNEYS
FIRST INTERSTATE
BANK BUILDING
V02 MARSKALL ST.
SUITE 400
REDWOOD CITY,.
:ALIFORNIA 94063
(413) 367-6222
r CLAIM
c 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 18 , 1987
and Board Action. All Section references are to The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: Unspecified Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: BONNIE LEE TURLEY
112 E. 6th St . #6
ATTORNEY: Antioch, CA 94509
Date received
ADDRESS: BY DELIVERY TO CLERK ON July 15 , 1987
BY MAIL POSTMARKED: July 14, 1987
1. FROM: Clerk of the Joard of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
IL gATCHELOR, Clerk
DATED: July 22 , 1987 �b: Deputy1 /e�,iv
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: �cv! � � _ 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
X) This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's rder entered in its minutes for
this date.
Dated: AUG 18 1987 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.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: AUG 2 0 1987 BY: PHIL BATCHELOR by puty Clerk
CC: County Counsel County Administrator
CLA-1M 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 RE s � ' stamps
d,00VN/e Z e e )
JUL 1,51g87
Against the COUNTY OF CONTRA COSTA)
or DISTRICT)
Fill in name) )
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $
and in support of this claim represents as follows:
------------------------------------------------------------------------
1. When did the damage or injury occur? (Give exact date and hour)
ea, — Icy— F7
---------------------- ------------------
----Whe-r-e-di-d--he-d-a-m-a-ge---o-r--i-njury occur? (Include city and county)
/-7/a/ yS0`e-"-" /_ C hoc
// ----------------------------------------------
---------
3. How did---the----damage-------o-r-
injury occur? (Give full details, use extra
sheets if required)
iu o 6 JrcT 1'Lec✓ o , % e-,f- 7-;KC_ e-0 a 7/_
d sTr u c IL -7—A c- s A;C �! a �' /v� � -T—v c/L
-------- -------------------------------------------------------------
4 . What-particular-- act or omission on the part of county or district
officers, servants or employees caused the injury or damage?
(over)
t.
5. - Whqt are the names of county or district offiaers,:!..servants
I employees causing the damage or injury? P/'
� /
�;Z G� Y7" �/gM � NoT /� /'o v/ OleI
0r/v/N7 -77 uc/C �o `/ 7c
----------------------------------------I --------------------------------
6. Whatdamage or injuries do you claim resulted? (Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage) 1k ,, / 7--Ac- w�.✓ a 4,
A (J SJi /4�o e e r.o c lL. i �✓
m.`' _ -7-;-(-.,c%
----- --°--�-- - -------------------------------------------
7. How was the afnount claimed above computed? (Include the estimated
amount of any prospective injury or damage. )
-------------------------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
Av o Al e
-- -------- - ------------------------------------------
9. i t es you made on account of this accident or injury:
.;.�� ITEM AMOUNT
Al
�2ti3Y�VN'1VJ;•!Lt;1 a a71F'::)
Govt. Code Sec. 910.2 provides :
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or by some person ori his behalf. "
Name and Address of Attorney '
Claimant' s Signature
Address
Telephone No. Telephone No.
**************************************************************************
NOTICE
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents for allowance or
.-for payment to any state board or officer, or to any county, town, city
district, ward or village board or officer, authorized to allow or pay
the same if genuine, any false or fraudulent claim, bill, account, voucher,
or writing, is guilty of a felony. "
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
1
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Augu s t 18 , 1987
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $30- 00 Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: JOYCE A. TAYLORunt ' Y�L;;1S�J
2127 Crestview Lane #B
ATTORNEY: Pittsburg, CA 94565 JUL 21 ! JOR
Date received
ADDRESS: BY DELIVERY TO CLERK ON Ju�' ! �fi�`�� � �;
BY MAIL POSTMARKED: July 15 , 1987
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: July 22 1987 PpHHI:L BATCHELOR, Clerk
epu
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: �� /�j,� BY: 1 Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
(�) This Claim is rejected in full.
(� �) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: AUG 18 1987 PHIL BATCHELOR, Clerk, ByC/MLx_ _, 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,
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: AUG 2 0 1987 BY: PHIL BATCHELOR by eputy Clerk
CC: County Counsel County Administrator
:AZM T0: BOARD OF SUPERVISORS OF CONTRA CORA W}'appiicationto:``.
J.
Ynstructi $_ to ClaimantVerk of the Board
p,0 Box 911
vartinez.Califomta 94553."
A. Claims relating to causes of action for death or for injury to
person or to personal property or .growing crops must be presented
not later than the 100th day after "the accrual of the cause of
rection. Claims relating to any other cause of action must be
-presented not later than one year after the accrual of the cause
of action. (Sec. 911.2, Govt_. Code)
B. Claims must be filed with the Clerk of the Board of Supervisors
at its office in Room 106,' County Administration Building, 551 Pine'
Street, Martinez, California 94553.
C. If claim is against a district governed by the Board of Supervisors, _
rather than the County, the name of the Distript should be filled in.
D. if the claim is against more than one public entity, separate claims"
must be filed against each public entity. ,
E. Fraud. See penaltyfor fraudulent claims, Penal Code Sec. 72 at end f'
o his form.
` RE: Claim by )Reserved for Clerk's filing stamps
Qc L. A ' A J/6i2 )
• i RECEIVED
)
Agai st the COUNTY OF CONTRA COSTA)
Attic Z ��t�rlfra� ) Ut. `�
or fiRC; +* _ TRICT)
Fill in Mame ) T A T:
The undersigned clai}nant hereby makes claim agar of Contra
Costa or the above-reed District in the sum of
and in support of this claim represents as follow0: .
------------ ` --,--/---------h---1. 'Wh-en-d-id-th--d-a-ma-g-e-orin3ury. occur (Give Tmact date and )ftqu-
/ � '�
• ' �;_�� /,� ,mss
o---^�.---T^-------------- yti.-----------------..-���
�: W�iere`did tie, damage or .injury ocr? (Inc fide .city and c14,fi—
ounty)
3. How did the damage or in3ury occur? Give ::ill^details, use extra .
sheets if requited) _
i r;:l x A rr�e:s� � 2 T•
r ` • ire cJ�u /'1� '���G�f�� �U�'s�--
4. -What particular act..or. . omission on the partf county or district
officers, sery nts or .employees caused th;e9injury or damage?
(over)
What are the names of county or district officers, servants or
employees causing the damage or injury?
-:6. What ZIamage or i�uries do you claim resulted? ZGlve-full extent
;bf injuries of damages claimed. Attach two estimates for auto
r I damage)
r i ;
` d �, M
7. How was the amount claimed above computed? (Include the estimated
amount of any prospective injury or damage.)
? .:..
6. Names and addresses of witnesses, doctors and hospitals. _
37-List the-- -----
------••---------T-----T--------T—T----
pd �7tres...yoa ade on account of this accident or ITI, y.
DA E ,. , ,.. ITEM AMOUNT
I
- Govt. Code Sec. 910.2 provides:
."The claim signed by the claimant
SEND NOTICES TO: (Attoine ) or by some person on his behalf."
Name and 'Address of Attorney Gt
[A' dr�es/^s_ /7
Telephone No. Telephone No. !! -
w��*:***:•****���**�f*tr#�t�t*:+r��**���**��rt:rr*:*�r�t*�**�r*:max::#*t*��r�*w��*
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, surd 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 .. ...... .: i.a:Yi .:'. •. :- ::.:, :. a.:...:..s.'.l.,i..Sar=sem.• a-S4`YJ.. .�..pbTi.,Mf. ..+.`. -
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Au gu s t 18 , 1987
and Board Action. All Section references are to The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $1, 500. 00 Section 913 and 915.4. PleGC1dd <a(DDtWudPgs".
CLAIMANT: DOUGLAS R. ANDERSON JUL 21. 1987
1320 Santa Clara St .
ATTORNEY: Richmond, CA 94804 Martinez, CA 945:0
Date received
ADDRESS: BY DELIVERY TO CLERK ON July 22 , 1987 transmittal
BY MAIL POSTMARKED: no date
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: July 23 , 1987 ppHHIL ATCHELOR, Clerk
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: eputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
(�) This Claim is rejected in full.
(/ \) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date. -
A U G 18 1987
Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to, consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
AUG 2 We��Zr_0 1987 BY: PHIL BATCHELOR byDeputy Clerk
Dated:
CC: County Counsel County Administrator
Ci:AZ2�! jy BOARD OF SUPERVISORS OF CONTRA CCW*AWYappiieationto;
3 Clerk of the Board
_-' - Instructions to Claimant
.W.Box 911
Martinez.Caiifomia 94553
A. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops must be presented
not later than the 104th day after the accrual of the cause of
4action. "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.
-Claimsmust be filed with the Clerk of the Board of Supervisors
= at its office in Doom 106, County Administration Building, 551 Pine
Street, Martinez, California 94553.
C. if claim is against a district governed by the Board of Supervisors,
gather than the County, -the name of the DistriVt should be filled in.
D. If the claim is against imore+than one public.entity, separate claims
_ trust be filed against each public entity. .
E. Fraud. See penaltyfor fraudulent claims, Penal Code Sec. 72 at end
o his form.
1tt,t*��*:��wt�re•��rc��***�rtr*�r�*�r�e*�r***Kt�+e,r�*�****�*��**��rrt**��*�**tr�r*#*w* -
RE: Claim by )Reserve r Ti n stamps
Against the COUNTY OF CONTRA COSTA)
or DISTRICT)
(Fill in name ) N. . .
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ o a 0
and in support of this claim represents as follows:
When did the damage or iniury occur? (Give exact date and hourT
Where did tnie damage or sn3ury occur: (Include city and county
3. Haw didr_the damag; 4o-rinjury occur? Giveu2I oetails, use extra .
sheets if required)
-tm .
4. Wnat particular- ct or omission on the -art of c -- - T--part of county or district
officers, servants or employees caused the injury or damage?
ofw.s� � •
• (over)
5. What are the names of county or district officers, servants or
employees causing the damage or injury?
6. -j fiat damage or 1n3uries do you claim resulted? ZGfve full extent
,of injuries of damages claimed. - Attach two estimates for auto
Z .damage)
i b343
a ' - 4�C3 SLID
7. Bow was the amount claimed 'hbve-computed? (Include the est1M d
amount of any prospective injury or damage.
- / — .:-L!{fI:•.:.. :J....e+r.'- - •I'•• � '��;:•T.• e•M: `-VY-`. • � .•Iiy,.. .•• _ .Ai..-•: - -
6. Names and addresses of witnesses, doctors and hospitals.
�. I,j haSL41h you made on ac-count of this accident Or Zn3ury:
__ -- '� ITEM AMOUNT
Govt. Code Sec. 910.2 provides:
The claim signed by the claimant
SEND NOTICES TO: (Attorney) os by some person on his behalf."
Name and •Address of Attorney
Claimant s Signature
• ' : . ._.... Address . r..
Telephone No. Va-k,`k 'J s�,.�.-�4r-J\L Telephone No. �-6 -
R!#R***##**#R#***#R####*#######R#*#*R!#RR#*##**##RBBB###!###!!R#!##***#R#*
NOTICE - -
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud. }resents 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 sane if genuine, any false or fraudulent claim, bill, account, voucher,
or writing, is guilty of a felony.'
....... ,...a ii^w.�..+.'•• .�.. ._.....-.. _.�...,.a„_-.-.... .,.-+u•;n•uVc.ci'i7J.ieilsiwia6GIVGtiO:STw -. �aiw-•+:+�
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIF m}1
my Cou,
Claim Against the County, or District governed by) J U BOARD MON
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT L 21u 1$ 1987
and Board Action. All Section references are to ) The copy of this document/*M6 oto you is your notice of
California Government Codes. ) the action taken on your claim by �hc a M g upervisors
(Paragraph IV below), given pursuant to Goverwnt Code
Amount: Unspecified Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: PACIFIC BELL, A CALIFORNIA CORPORATION
140 New Plontgornery Street
ATTORNEY: Sari Francisco, CA 94105
Date received
ADDRESS: BY DELIVERY TO CLERK ON July 20, 1987
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.
Jul 23, 1987 pH IL BATCHELOR, Clerk
DATED: Y BY: Deputy
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(� This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: BY: Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
XThis Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
AUG 18 1987
Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above. (� i
Dated: AUG 2 0 1987 BY: PHIL BATCHELOR by /// eputy Clerk
CC: County Counsel County Administrator
Legal,Department 140 New Montgomery Street,Eleventh Floor PACIFIC "'BELL,.
San Francisco,California 94105 A Pacific Telesis Company
Writer'sDirect Number 415-542-2572
17 July 1987
Clerk of the Board of Supervisors
County Administration Building, Room 106
651 Pine Street, Martinez, CA 94553
Re: Claim for Indemnification/Contribution
Pacific Bell, a California corporation, presents a claim
for damages against the County of Contra Costa as provided in
Government Code Section 900 et sea.
Date of Claim: July 17, 1987
Claimant 's Address: Pacific Bell
140 New Montgomery Street
San Francisco, California 94105
All notices or correspondence concerning this claim
should be sent to counsel for claimaint:
Margaret E. Garber, Esq.
Pac-ific Bell Legal Department
Suite 1126
140 New Montgomery Street
San Francisco, California 94105
I 1
Clerk o_f the Board of Supervisors
Claim by Pacific Bell, a Californ " t-'orporation
Re: Hagman v. County of Contra Costa, et al
17 July 1987 ,VLb19�
Page Two
Claim:
On or about April 9, 1987, Claimant has been served with
with the Second Amended Complaint in the case of Linda Hagman.
Administrator of the Estate of James Lea Hagman v. County of
Contra Costa. et al, filed in the Superior Court of California
for Contra Costa County, Case No. 294965 (see attached copy of
Complaint which is hereby incorporated as an integral part of
this claim) . The complaint alleges that on or about May 3, 1986,
the plaintiff 's decedent was involved in a single vehicle
accident while driving a motorcycle in a westerly direction on
Marsh Creek Road, approximately 1 .4 miles est of its intersection
with Deer Creek Road.
Claimant has been named as a defendant in said Superior
court action. The complaint alleges, inter alis• that the road
was improperly constructed and maintained, thereby resulting in
the decedent loosing control of his vehicle. Plaintiff further
alleges that the County improperly permitted the claimant,
Pacific Bell, to maintain a telephone pole in close proximity to
the road. Claimant contends that the County of Contra Costa is
wholly or partially responsible for the injuries complained of in
2
• ' i . 1
Clerk of the Board of Supervisors
Claim by Pacific Bell, a Californ W-torporation
Re: Hagman v. County of Contra Costa, et al
17 July 1987
Page Three
that plaintiff alleges that the County negligently constructed,
repaired and/or maintained the road.
Claimant contends that in the event it is found in some
manner responsible to plaintiff or to anyone in said Superior
Court complaint, that this claimant 's liability would solely be
based upon a derivative form of liability not resulting from the
conduct of the claimant but only an obligation imposed upon it by
law and therefore said claimant would be entitled to total and
complete indemnity from the County of Contra Costa.
As a result of the above set forth claim, the County of
Contra Costa is obligated to indemnify claimant wholly or on a
comparative fault basis, for all sums claimant may be compelled
to pay as a•result of any damages, judgment or other awards
recovered in said Superior Court action, and to reimburse
claimant for necessary and reasonable attorney's fees and costs
3
Clerk of the Board of Supervisors
Claim by Pacific Bell, a Californ,;a. i6orporation
Re: Hagman v. County of Contra Costa, et al
17 July 1987
incurred and paid by claimant in defending said Superior court
action.
The claim against the County of Contra Costa by claimant
is a demand by claimant upon County of Contra Costa to
affirmatively assume said obligations. The precise dollar amount
attributable to the assumption of said obligations is unknown at
the present time.
By
Mar et Ef G rber,
Attorney fo laimant
Pacific Bell
415-542-2237
4
G j h
I WILLARD E. STONE
Attorney at Law
2 1211 Newell Avenue
Suite 124 *=
3 Walnut Creek, CA. 94596
4 (415) 935-1711
5 Attorney for Plaintiff
6
7
6 SUPERIOR COURT OF CALFIORNIA
9 COUNTY OF CONTRA COSTA
10 LINDA LIND HAGMAN, Administrator )
for the Estate of JAMES LEA HAGMAN, ) CASE NO. 294965
11 Deceased, )
Plaintiff ) SECOND AMENDMENT
12 )TO COMPLAINT
i3 v )
14 COUNTY OF CONTRA COSTA, PACIFIC )
BELL COMPANY, A CALIFORNIA )
15 CORPORATION, PACIFIC GAS & ELECTRIC, )
A CALIFORNIA CORPORATION, ROBERT )
16 SUTTON, HOLLY SUTTON, RICHARD K. )
SHORES, and DOES I through XX; )
17 Defendants )
18 )
19 Comes now, the Plaintiff, LINDA LIND HAGMAN, as Administrator
20 of the Estate of JAMES LEA HAGMAN, Deceased, and as a Second
21 Amendment to the Complaint previously filed herein, amends
22 paragraph 4 thereof to read as follows :
23 IV. The heirs at law of the Decedent pursuant to the
24 provisions of Code of Civil Procedure § 377 and their relation-
25 ship to the Decedent are :
26
WIU ARO E.STONE '
Attorney At Law
SUITE 124
1211 NEWELL AVENUE
WALNUT CREEK
CALIF.94596
-1-
'alapnona;14151935.1711
1 NAME -`RELATIONSHIP TO DECEDENT
2 Virginia L. Hagman Daughter
3 Nicholas C. HagmanSon
4 Johnathan W. Hagman Son
5 Robert C. Hagman Father
6 Lois L. Hagman Mother
7
8
9 Dated: April 9, 1987
10 W- w
WILLARD E. STONE, Attorney
11 for Plaintiff
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
WILLARD E.STONE
Attorney Al Law
SUITE 12.
1211 NEWELL AVENUE
WALNUT CREEK —2—
CALIF.
2—
CALIi.94596
Tottpnone:14151975.1711
VERIFICATION
2
I , the undersigned, declare :
ja 3+� _ That I am a party to th " fore oinS Proceeding that
I have read the foregoing document and know the contents
5 thereof; that the same is true .of my own knowledge , except
6 for the matters set forth upon my information or belief, and
•. 7 as to such matters that I believe to be true.
" " 8 I declare under penalty of perjury that the foregoing
9 is true and correct.
'.; 10 Executed on April 9, 1987
at Walnut Creek
11 California
12
13
14
15 Linda Lind Ha n
... - 16
F 17
�; 18
19
20
21
22 '
23
24
:r.: . 25
26
M.RA ARD E$TONE-
SURE/2a
1211'NEWELL AVENUE
WALNUT GREEK i
CALIF.9691
�•�•o�wir:�.1a�99s1�n -
MAR 6 - 1987
1 WILLARD E. STONE
Attorney at Law
2 1211- Newell Avenue
Suite 124
3 Walnut Creek, CA. 94596 '
4 (415) 935-1711
FEB 21487
5 Attorney for Plaintiff
�. R OLSSON, •^,Dung Cle;k
6 aONM C=A Cd#=
7 K. HARTZ
B SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF CONTRA COSTA
10 LT NDA LIND HAGMAN, Administrator )
of the Estate of JAMES LEA HAGMAN, ) CASE NO. 294965
11 Deceased )
Plaintiff ) AMENDMENT TO COMPLAINT
12 )
13 v )
14 COUNTY OF CONTRA COSTA, PACIFIC )
BELL COMPANY, a CALIFORNIA CORP- )
15 ORATION, PACIFIC GAS & ELECTRIC )
COMPANY, a CALIFORNIA CORPORATION, )
16 ROBERT SUTTON, HOLLY SUTTON, )
RICHARD K. SHORES , and DOES I )
17 through
Defendants )
18 )
19 Comes now the Plaintiff, LINDA LIND HAGMAN and amends the
20 Complaint on file herein, by inserting in paragraph3 , page7 , line 17
21 DOES VI and VII in place of DOES I through III ; in paragraph 4 ,
22 page 7 , lines 20-21 , DOES VI and VII in place of DOES IV through
23 V; in paragraph 5 , page 7 , line 25 , DOES VI and VII in place of
24 DOES IV and V; also in paragraph 5 , on page 8 , line 6 , DOES VI
25 and VII in place of DOES I through V; in paragraph 2 , on page 9 ,
26 line 9 , DOES VI and VII in place of DOES I through V; in paragraph
WIU ARO E.STONE
Auo,nw Al law
SUITE 124
1211 NEWELL AVENUE
WALNUT CREEK
CALIF.94596
-1-
T*1p11one:14151 975.1)1 t
1 2, on page 9 , line 20, DOES VI and VII in place of DOES I through
2 V.
3 - Plaintiff further amends he Complaint herein by deleting
4 the existing line 26-1, pages 9 and 10 , and in place thereof
5 adding new paragraphs as follows :
6 WHEREFORE, Plaintiff prays judgment against the Defendants ,
7 and each of them, as hereinafter set forth.
8 SIXTH CAUSE OF ACTION
9 (Strict Liability in Tort)
10 1. Plaintiff repleads , realleges and incorporates herein by
11 reference all of the allegations contained in the Fifth Cause of
12 Action as if the same were set forth in full.
13 2. Plaintiff is informed and believes , and based thereon
14 alleges that DOE X, is and at all times herein mentioned was , a ...
15 Corporation. Plaintiff will amend this Complaint_ when said
16 Defendants place of organization, existance and principal place
17 of business in this State is ascertained.
18 3 . Defendant DOE X , is and at all times herein mentioned
19 was , engaged in the business of designing , manufacturing and
20 assembling motor cycle helmets for sale to and use by members of
21 the general public, and as a part of its business , Defendant
22 designed, manufactured, and assembled the specific motorcycle
�3 helmet hereinafter referred to .
24 4 . Defendant DOE XI is , and at all times herein mentioned
25 was , engaged in the business of selling at retail to members of
26 the general public the hereinabove described motorcyle helmet
WILLARD E.STONES
Attorney At Law
SUITE 124
121,1 NEWELL AVENUE —2—
WALNUT
2—WALNUT CREEK
CALIF.94596
Telephone:141St 935.1111
I manufactured designed and assembled- by Defendant DOE X.
2 5. Defendant DOE X . intended that the motorcycle helmet
3 manufactured, designed and assembled by it be used as protective
4 head gear in the event of a motorcycle accident . .
5 - 6. At all times herein mentioned, the Defendant knew and
6 intended that its motorcycle helmet would be purchased by members
7 of the public and used by the purchasers and others without in-
8 spection for defects .
9 7 . Plaintiff is informed and believes and thereon alleges
10 that Defendants RICHARD K. SHORES , ROBERT R. SUTTON, HOLLY SUTTON
11 and DOES VI and VII purchased the defective motorcycle helmet
12 as described herein from DOE XI at his place of business herein-
13 above described.
14 8. The motorcycle helmet was , at the time purchased as herein
15 alleged, defective and unsafe for its intended purpose in that
16 said motorcycle helmet failed to protect the Decedent, JAMES LEA
17 HAGMAN, from receiving serious head injuries .
18 9 . On or about May 3 , 1986, the Decedent was using the
19 motorcycle helmet while riding the above described motorcycle on
20 Marsh Creek Road for the purpose of protective head gear. During
21 the course of this use and as a proximate result of the defects
22. hereinabove described, the helmet shattered upon impact when the
23 Decedent was thrown from his motorcycle as described hereinabove.
24 10. Plaintiff is informed .and believes and thereon alleges
25 that the Defendant knew that the motorcycle helmet manufactured,
26 designed and assembled by it was defective and dangerous in the
W HAMD E.STONE
Atlomey At Law '
SUITE 124
1211 NEWELL AVENUE —3—
WALNUT CAECK 3—
WALNUTCAEEK
CALIF.94596
T*§"hoM:14151936-17 11
1 manner alleged hereinabove; that Defendant knew that because of
2 the defects , the motorcycle helmet could not safely be used for
3 the- purpose for which it was Mended; that Defendant , knowing
ten.}:.._. .
4 that the motorcycle helmets were defective and dangerous , in
S conscious disregard of the safety of the public placed them on
6 the market (without warning customers or the unknowing public of
7 the defect) , and knew when it did so that they would be sold to
8 and used by the general public without inspection for defects ;
9 that Defendant , by placing the defective motorcycle helmets on
10 the market , impliedly represented that they were safe for the
11 purpose for which they were intended; and that Defendant , by placi
12 them on the market and otherwise representing them as able to per-
13 form safely, intended that customers and the unknowing public
14 should rely on its representations . The Decedent , in using the
15 Idefective motorcycle helmet as herein alleged, did rely on the
16 Defendants representations , all to his damage as hereinabove
17 alleged. In doing the things aforementioned, Defendant was guilty
18 of malice, oppression, and fraud and Plaintiff is therefore en-
19 titled to recovery exemplary or punitive damages in an amount in
20 excess of the minimum jurisdiction of this court .
21 WHEREFORE, Plaintiff prays judgment against the Defendants ,
22 and each of them, as follows :
23 1 . For general damages in an amount in excess of the
24 minimum jurisdiction of this court ;
1
25 2. For medical and incidental expenses according to proof;
26 .. 3 . For loss of income according to proof;
MALLARD E.STONE.
Attorn"Al Low ,
SUITE 124
1211 NEWELL AVENUE —4—
WALNUT
4—WALNUT GREEK
CALIF.94595
Te"hone:IA 1 SI 973.1711
1 4 . For funeral and burial expenses for LINDA LIND HAGMAN,
2 Decedent ' s Personal Representative, in an amount according to
3 Proof;
4 5. . As against Defendants RICHARD K. SHORES , ROBERT R. SUTTON,
5 HOLLY J. SUTTON and DOES VI and VII, punitive and exemplary
6 damages in the sum of Two Hundred Fifty Thousand ($250 , 000)
7 Dollars ;
8 6. As against Defendants DOES X and XI, punitive and
9 exemplary damages in an amount in excess of the minimum jurisdicti n
10 of this court ;
11 7 . For costs of suit herein incurred; and
12 8. For such other and further relief as the court may deem
13 proper.
14
15 Dated: January 7 , 1987 .
16
17
ILLARD E. STONE, Attorney
18 for Plaintiff
19
20
21
22
23
24
25
26
WIU AND E.STONE
Afloo"At Law
SUITE 124
1211 NEWELL AVENUE
WALNUT GREEK
CALIF.94596
rvpnone:(4151935.1
"1
I VERIFICATION
2 I , the undersigned, declare :
3 That I am a party to the foregoing proceeding ; that
4 I have read the foregoing document and know the contents
5 thereof; that the same is true of my own knowledge , except
6 for the matters set forth upon my information or belief , and
7 as to such matters that I believe to be true .
8 I declare under penalty of perjury that the foregoing
9 is true and correct.
10 Executed on January 28 , 1987
at Walnut Creek
11 California
12
13
14
15 LINDA LIND HAGMA�)
16
17
18
19
20
21
22
23
24
25
26
WILLARD E.STONE•
ANomay At Law '
SUITE 121
1211 NEWELL AVENUE
WALNUT CREEK
CALIF.91596
TNpnoM:11151975 1711
1 WILLARD E. STONE MAR 6 - 1987
Attorney at Law LFCAL ;
2 1211 Newell Avenue
Suite-.124
3 Walnut Creek, CA. 94596 - "
4 (415) 935-1711
5 Attorney for Plaintiff
6
7
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF CONTRA COSTA
10 LINDA LIND HAGMAN, ) 2 94 J
Administrator of ) CASE NO .
11 the Estate of )
JAMES LEA HAGMAN, )
12 Deceased, ) COMPLAINT FOR DAMAGES FOR
Plaintiff, ) WRONGFUL DEATH AND FOR
13 ) PERSONAL INJURIES
14 v )
15 COUNTY OF CONTRA COSTA, )
PACIFIC. BELL COMPANY, a )
16 CALIFORNIA CORPORATION, )
PACIFIC GAS & ELECTRIC )
17 COMPANY, a CALIFORNIA )
CORPORATION, ROBERT SUTTON, )
18 HOLLY SUTTON, RICHARD K. SHORES , )
and DOES I through XX, )
19 Defendants )
20 )
21 Plaintiff complains , of Defendants , and each of them, and
22 alleges as follows :
23 FIRST CAUSE OF ACTION
24 (WRONGFUL DEATH)
25 1. On or about November 2-0, 1986, Plaintiff was issued
26 Letters of Administration of the Estate of JAMES LEA HAGMAN,
WARD E.STONE
Alloway Al law
SUITE 124
III NEWELL AVENUE —1—
WALNUT GREEK
CALIF.94596
gnoM;441S)935.1711
I Deceased, by the Superior Court of California, County of Contra
2 Costa.
3 2. Plaintiff is the duly afVc�inted, qualified, and acting
4 Personal Representative of the Estate of JAMES LEA HAGMAN, Deceasec .
5 3. Plaintiff brings this action as specified in §377 (b) of
6 the Code of Civil Procedure on behalf of the surviving heirs of
7 JAMES LEA HAGMAN, Deceased (hereinafter referred to as "Decedent")
8 4 . The heirs at law of the Decedent and their relationships
9 to the Decedent are :
10 NAME RELATIONSHIP TO DECEDENT
11 Virginia L. Hagman Daughter
12 Nicholas C. Hagman Son
13 Johnathan W. Hagman Son
14 Robert C. Hagman Father
15 Lois L. Hagman Mother
16 Jeanine Cormany Sister
17 Daunine Vining Sister
18 Gerald Hagman Brother
19 Nancy Hagman Sister
20 5 . The Plaintiff does not know the true names or capacities
21 of the Defendants sued herein as DOES I through XX; that said
22 names are fictitious names and Plaintiff will amend this Complaint
23 to show their true names when ascertained. Plaintiff is informed
24 and believes and on information and belief alleges that each of
25 the Defendants named herein as DOES I through XX, inclusive , is
26 an agent and employee of the other named Defendants ; that in doing
iLLARO E.STONE
Attorney At Low
SUITE Q4
III NEWELL AVENUE —2-
WALNUT CAEEK 2-
WALNUTCAEEK
CALIF.94596
peons:H t SI 935.1711
I the things mentioned hereinafter in this Complaint each was acting
2 within the scope of his employment as agent and employee ; that
3 each is responsible in some manner for the occurances hereinafter
4 alleged; that Plaintiff' s damages as hereinafter alleged were
5 proximately caused by the negligence or actions of each of said
6 Defendants .
7 6. That at all times herein mentioned, the Defendant , COUNTY
8 OF CONTRA COSTA, was a County and political subdivision of the
9 State of California, duly organized and existing under the laws
10 of the State of California.
11 7 . Defendant , PACIFIC BELL COMPANY, is and at all times here-
12 in mentioned was , a Corporation, organized and existing under the
13 laws of the State of California and doing business in the County
IJ 14 of Contra Costa.
15 8. Defendant, PACIFIC GAS & ELECTRIC COMPANY, is and at all
16 times herein mentioned was , a Corporation, organized and existing
r 17 under the laws of the State of California and doing business
18 in the County of Contra Costa.
19 9. On May 3 , 1986, and prior thereto, Defendants CONTRA
20 COSTA COUNTY and DOES I through V, designed, constructed, owned,
21 maintained and controlled Marsh Creek Road, 1 . 4 miles west of
22 Deer Valley Road in the County of Contra Costa.
231 10. On the above mentioned date , and prior thereo, the
241 Defendants , PACIFIC BELL COMPANY ( PAC BELL) and PACIFIC GAS &
25 ELECTRIC COMPANY (PG&E) constructed, owned_ , maintained and
` 26 controlled a telephone and power utility pole immediately adjacent
TAU ARO E.STONE. �+ --
Att9rMT At Low
SUITE 124
1211 NEWELL AVENUE -3-
WALNUT
3-WALNUT CREEK
CALIF.94596
UMWIOM:(41S193S1)11
1 to the roadway on Marsh Creek Road as described above .
2 11. On May 3, 1986, and prior thereto, the above described
3 roadway, owned, maintained ank- trolled by CONTRA COSTA COUNTY,
4 was in an unsafe and dangerous condition, that created a sub-
5 stantial risk of the type of injury hereinafter alleged when said
t, . 6 roadway and curve there upon, was used with due care in a manner
7 that it was reasonably foreseeable that it would be used in that
8 said roadway and curve was unsafe and improperly designed and
9 constructed. Further, Defendant , CONTRA COSTA COUNTY, allowed
10 to be erected in dangerous proximity to said roadway by Defendants
11 PAC BELL and P G & E; a telephone and power utility pole so close
U121 to the roadway as to constitute a hazardous and dangerous
,13 condition to motorists attempting to negotiate said roadway and
14 curve at the speed limit posted just before said roadway and curve
15 12. The Defendants had actual knowledge of the existance of
16 the above described conditions and knew or should have known
17 of their dangerous character a sufficient time prior to May 3 ,
V t 18 1986, to have taken measures to protect against the dangerous
19 conditions .
20 �- 13 . On May 3, 1986, Decedent was driving a motorcycle in
21 a westerly direction on Marsh Creek Road, approximately 1 . 4
22 miles west of its intersection with Deer Creek Road. As a
23 proximate result of the dangerous condition of the roadway and
Decedent
24 curve, and placement of said utility pole , when the/ entered the
- 25 turn, his motorcycle went off the roadway and turn, part of the
26 motorcycle foot peg striking said utility pole , causing the
W"RP E.STONE
Attomay At Law
SUITE 1=4
ttI NEWELL AVENUE —(—
WALNUT GREEK
CALIF.94596
opnoet:14151935-17 11
1 Decedent and motorcycle to fall down the nearby enbankment ,
2 causing the death of the Decedent, on June 25 , 1986 .
3 14 . Prior to the death of.r-tie Decedent, the heirs were
1 � 4 dependent on him for their support and maintenance. and Decedent
5 was a faithful and dutiful father, son and brother to the heirs .
6 15. As a proximate result of the dangerous condition of
7 Defendant ' s property, and the death of the Decedent , Plaintiff
8 Las sustained pecuniary loss resulting from the loss of the
. 9 society, comfort, attention, services and suport of Decedent in
10 an amount in excess of the minimum jurisdictional requirement of
11 this court.
12 16. As a further proximate result of the dangerous condition
�3 of Defendant ' s property, and the death of Decedent, Plaintiff
14 LINDA LIND HAGMAN, has incurred funeral and burial expenses in
15 an amount unknown at this time . Leave of court will be sought
16 to amend this Complaint according to proof.
17 17 . That on or about August 22, 1986 , prior to the commence-
18 Iment of this action, Plaintiff caused to be presented to the
19 Defendant, COUNTY OF CONTRA COSTA, a claim for damages sought in
20 this action in the amount of Five Hundred Thousand ($500, 000)
21 Dollars . ' A true and correct copy of the claim is attached hereto ,
22 marked Exhibit "A" and incorporated herein by reference .
23 18. That on or about August 25 , 1986 , the Board of Supervisors
24 of Contra Costa County rejected said claim in full .
25 WHEREFORE, Plaintiff prays judgment against the Defendants
26
WW ARD E.ST0NE
A1to.Aory At Law
SUITE 174 5—
1211 NEWELL AVENUE
WALNUT GREEK
CALIF.94596
telWoM:14151975.1711
1 and each of them, as hereinafter set. forth.
2 SECOND CAUSE OF ACTION
3 (PERSONAL diJRY)
4 1. Plaintiff repleads , realleges and incorporates herein by
( 5 reference all of the allegations contained in the First Cause of
` 6 Action as if the same were set forth ' in full.
l 7 2. On June 25 , 1986, after the foregoing cause of action
8 arose in his favor on May 3, 1986, JAMES LEA HAGMAN, Decedent who
1 I
9 would have been the Plaintiff in this action if he lived, died.
10 1 . 3 . As a proximate result of the negligence of the Defendants
11 and each of them, the Decedent was required to and did employ
12 physicians and surgeons to examine,treat and care for him, and
'y' _ 13 did incur medical and incidental expenses in an amount unknown at
14 this time but in excess of the minimum jurisdiction of this
15 court.
16 4. At the time of the events described herein, Decedent was
17 gainfully employed as a traffic signal electrician for the City
18 of Concord. As a further proximate result of the negligence of
+ 19 the Defendants , and each of them, the Decedent was prevented from
20 attending to his usual occupation for the period of time from
21 May 3 , 1.986, until his death on June 25 , 1986, all to his damage
22 in loss of earnings in an amount unknown to the Plaintiff at this
23 time, to be ascertained according to proof.
24 5. That on or about June 5 , 1986 , prior to the commencement
25 of this action, Plaintiff caused to be presented to the Defendant ,
r-
26 COUNTY OF CONTRA COSTA, a claim for damages sought in this action
vnU ARD E.STONE
Attam"At Law
SUITE 124
1211 NEWELL AVENUE —6-
WALNUT
6WALNUT CREEK
CALIF.94596
Tatapnona:l4 t S19]S•t l t t
1 in the amount of Five Hundred Thousand ($500, 000) Dollars . A true
2 and correct copy of the claim is attached hereto marked Exhibit
3 "B11 ---and incorporated herein by,�eference.
4 6. That on or about July 8, 1986, the Board of Supervisors
5 of Contra Costa County rejected said claim in full.
6 WHEREFORE, Plaintiff prays judgment against the Defendants ,
7 and each of them, as hereinafter set forth.
8 THIRD CAUSE OF ACTION
9 (WRONGFUL DEATH AS TO DEFENDANT RICHARD K. SHORES ,
10 ROBERT R. SUTTON AND HOLLY SUTTON)
11 1. Plaintiff repleads , realleges and incorporates herein by
12 reference all of the allegations contained in the First Cause of
13 Action as though set forth in full.
14 1 2. At all times herein mentioned, the Defendants RICHARD K.
15 SHORES and DOES I through III, were and now are the owners of the
16 motorcycle hereinafter described.
17 3. Defendants RICHARD K. SHORES and DOES I through III , gave,
18 loaned or sold to Defendants ROBERT R. SUTTON and HOLLY J. SUTTON,
19 said motorcycle.
20 4. Defendants ROBERT R. SUTTON, HOLLY J. SUTTON and DOES IV
21 through V are the agents , servants and employess of the Defendant
22 RICHARD K. SHORES, and at all times herein mentioned were acting
23 within the scope and purpose of their agency and employment .
24 5. On or about May 3 , 1986, Defendants ROBERT R. SUTTON,
25 HOLLY J. SUTTON and DOES IV through V, did loan, rent, sell or
26 give to Decedent JAMES LEA RAGMAN, a certain 1975 360 motorcycle , .
WIU ARO E.STONE
Allom"At Low '
SUITE 124
1211 NEWELL AVENUE
WALNUT CREEK
CALIF.INS%
Te6whow.01 S193S•1?11
I California license number 3M2705, for. the purpose of operating
2 said motorcycle on the public streets and highways of California,
3 and thereafter the Decedent, JAS - LEA HAGMAN, did operate that
4 motorcycle with the knowledge, consent and permission of the
5 Defendants , RICHARD K. SHORES, ROBERT R. SUTTON, HOLLY J. SUTTON
6 and DOES I through V.
7 6. Said Defendants knew that the motorcycle was in a
8 dangerous and defective condition and unfit to be operated on
9 the public streets and highways in that the front tire was bald
10 and the front brake was defective, and Defendants knowlingly
11 permitted the motorcycle so equipped to be placed and operated on
12 the public streets and highways of California and including
13 Marsh Creek, Road, as herein mentioned.
14 7 . On May 3, 1986, the Decedent was driving said motorcycle
15 in a westerly direction on Marsh Creek Road, approximately 1. 4
16 miles west of its intersection with Deer Creek Road. As a proximat
17 result of the dangerous and defective condition of the motor-
18 cycle as aforesaid and the negligence of the Defendants , and
19 each of them, the motorcycle went off the roadway and the foot
20 peg struck the described utility pole , causing the Decedent and
21 motorcycle to overturn and to proceed down an embankment , causing
22 severe injury and brain damage, which resulted in the death of
23 the Decedent on June 25 , 1986.
24 WHEREFORE, Plaintiff prays judgment against the Defendants ,
25 and each of them, as hereinafter set forth.
26
VIVA ARO E.STONE -
Mos wV At Law
SUITE 124
1211 NEWELL AVENUE
WALNUT CAEEK
CAUF.94596
~*no'14151935.1711
1 FOURTH CAUSE OF ACTION
2 (PERSONAL INJURY AS TO- DEFENDANTS
3 RICHARD K. SHORES , ROBERT R.r--`S9UTTON AND HOLLY SUTTON)
4 1. The Plaintiff repleads , realleges and incorporates herein
5 by reference paragraphs one through four of the Second Cause of
6 Action and all of the allegations contained in the Third Cause
7 of Action as if the same were set forth in full.
g 2. On or about May 3, 1986, Defendants RICHARD K. SHORES ,
9 ROBERT R. SUTTON, HOLLY J. SUTTON and DOES I through V owned,
10 maintained, controlled and managed said above described motorcycl .
11 WHEREFORE, Plaintiff prays judgment against the Defendants ,
12 and each of them, as hereinafter set forth.
13 FIFTH CAUSE OF ACTION
14 (EXEMPLARY DAMAGES AS TO DEFENDANTS
15 RICHARD K. SHORES , ROBBERT R. SUTTON AND HOLLY J. SUTTON)
16 1. Plaintiff repleads , realleges and incorporates herein
17 by reference all of the allegations contained in the Fourth Cause
1S of Action as though set forth in full.
19 2. That in doing .the acts herein alleged, Defendants RICHARD
20 K. SHORES , ROBERT R. SUTTON, HOLLY J. SUTTON and DOES I through V
21 and each of them, acted with oppression, fraud, malice and in
22 conscious disregard of the rights and safety of the Decedent,
23 JAMES LEA HAGMAN, and based thereon the Plaintiff is entitled to
24 1punitive and exemplary damages in the sum of Two Hundred Fifty
25 Thousand ($250, 000) Dollars .
26 WHEREFORE, Plaintiff prays judgment against the Defendants
U"00 E.STONE
Altainey Al law
SUM 124
!11 NEWELL AVENUE
WALNUT GREEK
CAL0.945W
-9-
IOItOM:Nt S19]S•t l t 1
I and each of them, as follows :
2 1. For general damages in an amount in excess of the
3 minimum jurisdiction of this cdVrt;
4 2. For medical and incidental expenses according to proof;
5 3. For loss of income according to proof;
6 4. For funeral and burial expenses for LINDA LINDA HAGMAN,
7 Decedent' s Personal Representative , in an amount according to
8 proof;
9 5. As against Defendants RICHARD K. SHORES , ROBERT R. SUTTON,
10 MOLLY J. SUTTON and DOES I through V, punitive and exemplary
11 damages in the sum of Two Hundred Fifty Thousand ($250, 000)Dollars
12 6. For costs of suit herein incurred; and
13 7 . For such other and further relief as the court may deem
14 proper.
15
16 Dated: December 1986
17 4
18
WILLARD E. STONE, Attorney
19 Plaintiff
20
21
22
23
24
25
26
VALL,ARD E.STONE-
A110moy At Low
StNTE 124
1211 NEWELL AVENUE
WALNUT CREEK
CALIF.94596
T~One:
-10-
I VERIFICATION
2 1 , the undersigned, declare:'
3 That I- am a party to th .foregoing proceeding ; that
I have read the foregoing document and know the contents
5 thereof; that the same is true of my own knowledge , except
6 for the matters set forth upon my information or belief , and
7 as to such matters that I believe to be true.
8 I declare under penalty of perjury that the foregoing
9 is true and correct .
10 Executed on December 16 1986
at Walnut Creek
11 California
12
13
14
15 LINDA LIND HAIL
16
17
18
19
20
21
22
23
24
25
26
WILLARD E.STONE
AUOM*y Al law
SURE 124
1211 NEWELL AVENUE
WALNUT CREEK
CALIF.M596
'alaynotia:1s16192517 t7
e
M ru Cal9fomla 94553
A. Claimg relating tL, causes of action for deat._ or or-Irn jury to
person or to personal property or growing crops must be presented
not later than the 100th day after the accrual of the cause of
action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause
of action..-... (Sec. 911.2, Govt. Code):'.:;..
B. Claims must be filed with the Clerk of the Board of Supervisors
at its office in Room 106, County Administration Building, 651 Pine
Street, Martinez, California 94553.
C. If claim is against a district governed by the Board of Supervisors,
rather than the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims
must be filed against each public entity. .
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end
his form.
RE:
by LINDA LIND HAGMAN on )Reserve i in stamps
behaIT-of VIRGINIA L.HAGMAN, NI&HOLAST ,
C. HAGMAN and JONATHAN W. HAGMAN min o s gF'CEIVra
and a ami y members an heirs o S
L. HAGMAN, Deceased. jand on behalf of t) e o% 1SE�
est AU G Against the COUNTY OF CONTRA COSTA)
LeLOR�LSOi1S
or DISTRICT) a AR S •Dow"
(Fillin name ) dy .
The• undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ 500, 000
and in support of this claim represents as follows:
r��e e�e e e e—e e e e e------ee e -----e ee e ee e ee e e e e ee e e ee e e�eee e e e ee
I. When did the damage or Injury occur? JGive e exact date and hour]
The injury to James Hagman occurred on May 3, 1986, at approximately
. 6:50 p.m. Mr. Hagman died from the injuries on .June 25, 1986.
r..e e.. Te a .e.eee.s.eeTeTeee�eeeeee..eeeeeeeeereeeeeeee�ee�e�e�.e.ee
�. W�iere aid the damage or in3ury occur? (Include city and county)
On Marsh Creek Road, 1. 4 miles west of Deer Valley Road, an un-
incorporated area of Contra Costa County.
�T���e�e�e a ee eee --------ee.s------------..e�e�e e e T• e e��e��e ee a ee
3. Bow did the damage or injury occur? (Giveul� details, use extra
sheets if required) As Mr. Hagman made a turn on Marsh Creek on a motor-
cycle, he went off of the roadway onto the gravel shoulder where his
motorcycle foot peg struck a utility pole causing the motorcycle to flip
over, injuring Mr. Hagman so as to cause his death.
4.
----=--------------------�--��-------------------------T---a-----
iilhat particular act or omission on the part of county or district
officers, servants or employees caused the injury or damage?
The place of the utility pole was so close to the roadway so as to
constitute a danger .and hazard to the motorists and motorcyclists
travelling said road and making the left turn in a west bound direction.
(over)
EXHIBIT " A"
Unknown at this tir-
�. W�iat 8amage or �n�uries do you clam resu�te�? ZGive full extent
of injuries or damages claimed. Attach two estimates fo a
damage) Mr. Hagman suffered from massive brain injury including brain
contusion, basilar skull fracture and brainstem damage. He died on
J e 225, 19 6. Claim is a serted for da�mages o behalf of the Decedent and
or r o su ort comort and soc-iet to t e heirs • __
----------291-----�---L------------------Y------------------------
7. Now was the amount claimed above computed? (Include the estimated
amount of any prospective injury or damage. )
Unknown at this time.
-------------------------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
Doctor: Glenn Lee, M.D. Witnesses : Robert & Holly Sutton
Kaiser Hospital 1825 Manzanita Dr.
1425 Main Street Concord, CA. 94519
Walnut Creek, CA. 94596
�. L�sttt�ie expenditures you made on account of this accident or injury:
':DATE ' _ ` : ITEM _ AMOUNT
May 3, 1986 Delta Memori4� Hospital - unknown
May 3;, 1986 Emergency Medical Care
to May 14, 1986 John Muir Hospital unknown
May 14, 1986 . ongoing Kaiser Hospital medical care until June 25 , 1986
Govt. Code Sec. 910.2 provides:
"The claim signed by the claimant
SEND NOTICES TO: (Attorne ) or by some rson n his behalf. "
.dame and Address of Attorney
WILLARD E. STONE Claimant Sig tune
1211 Newell Ave, Suite 124 1166 Santa Lucia Drive
Walnut Creek, CA. 94596 Address
Pleasant Hill, CA. 94523
Telephone No. (415) 935-1711 Telephone No. (415) 686-2711
NOTICE
Section 72 of the Penal Code provides:
'"Every person who, with intent to defraud, presents for allowance or
for payment to any state board or officer, '-or to any county, town, city
district, ward or village board or. officer, authorized to allow or pay
the same if genuine, any false or fraudulent claim, bill, account, voucher, .
or writing, is guilty of a felony.
• 1
LILA a"LL%il Vlla LV ..Lai 'L`�""'^••• •••o•••••••••
> Mrtinez Calitomla 944
Claims A. relating .,o causes of action for dea.,.h or for injury to
person or to personal property orgrowing crops must be presented
not later than the 100th day after the ..accrual of the cause of
action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause
of action. (Sec. 911.2, Govt. Code)'-:- .
B. Claims must be filed with the Clerk of the Board of Supervisors
at its office in Room 106, County Administration Building, 651 Pine
Street, Martinez, California 94553.
C. If claim is against a district governed by the Board of Supervisors,
rather than the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims
must be filed against each public entity. .
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end
of-tKiis form.
s:t*+t�f:,rift•:�*�*r��r::s*t:::*�t::��t,r:*������ee�,rf:*�:*�*:t:*::�*:�:.•*:::
RE: Claim by )Reserved.4or 1 ;r 's fi] 'ng stamps
LINDA LIND HAGMAN )
' DECEIVED
Conservator of JAMES LEA HAGM*
Against the COUNTY OF CONTRA COSTA)) JUN 4 19M
I,cup /v%.
or DISTRICT) FM/ATCM0: _Fi n name IUK. .n of!IT- :'C ttiCO
G .. ,
The' undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ 500 , 000. 00
and in support of this claim represents as follows:
�. When did the damage orn3ury occur? Give exact date and hour]
May 3, 1986 at approximately 6: 50 p.m.
-- --� T- - -�.- -- ----T-T---• ------ -------- -------- -----------
W�iere did tie damage or injury occur? (Include city and county)
On Marsh Creek Road, 1. 4 miles west of Deer Valley Road,
an unincorporated area of Contra Costa County
-+--------------------------.r------------ ---- - --T --------------
3. How did the damage or in ury occur? Give ul�-details us extra
sheets if required) As Mr. Hagman made a turn on Mari treet on a
motorcycle, he went off of the roadway onto the gravel shoulder
where his motorcycle foot peg struck a utility pole causing the
motorcycle to flip over, injuring Mr. Hagman severely.
4. What particular act or omission on the part of county or district
officers, servants or employees caused the injury or damage?
The placement of the utility pole was so close to the roadwav
, so as to constitute a danger and hazard to' motorists and motor-
cyclists travelling said road and making the left turn in a
west bound direction
(over)
EXHIBIT " B "
S. . .wnat are the nameS,-�I county or alstricL ui tL-L%- ,.L b, a C l vcu'L A-A, A.
employees causing ie damage or injury?
• Unknown at this time
�. Wiat damage or �n3uries do you claim resulted? Give full extent
of injuries or damages claimed. Attach two estimates fc'ram+-n
damage) Mr. Hagman suffers from maspi' a brain injury including brain
contusion, basilar skull fracture'" d brain stem damage. He has
been in a coma since the date of the accident.
------------L--------------------------------------------------------
7. Eow was the amount claimed above computed? (Include the estimate
amount of any prospective injury or damage. )
Unknown at this time
�. Names-and addresses of witnesses, doctors and ---------------
Doctor:
-
Doctor: Dr. Glenn Lee, M.D. Witnesses : Robert & Holly Sutton
Kaiser Hospital 1825 ,Manzanita Dr.
1425 Main St Concord, CA. 94519
Walnut Creek, CA. 94596
�. Lit .the-.expencla,tures you made on account of this accident or ink ury
s r DATE ITEM AMOUNT
May. t,=86 = Delta Memoriaf ospital unTcnown
May 3, 1986, Emergency Medical Care
to May14 , 1986 John Muir Hospital unknown
Medical Care
Kay 14 , 1986 ongoing Kaiser Hospital Medical Care unknown
Govt. Code Sec. 910.2 provides:
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or/-by- some -persoA on his behalf. "
Name and Address of Attorney
WILLARD E. STONE Claimant s Si nature
Santa Tucl-
1211 Newell Ave, Suite 124 Address
Walnut Creek, CA. 94596
.Pleasant Hill . CA. 94523
Telephone No. (415) 935-1711 Telephone No. (415) 686-2711
NOTICE
Section 72 of the Penal Code provides:
'Every person who, with intent to defraud, presents f'or 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
County Counsel
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JUL40M718 , 1987
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your cla imigzp" 6Krvisors
(Paragraph IV below), given pursuant to Government Code
Amount: Unspecified Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: PACIFIC BELL, A CALIFORNIA COPORATION
140 New Montgomery Street
ATTORNEY: San Francisco, CA 94105
Date received
July 20, 1987
ADDRESS: BY DELIVERY TO CLERK ON
BY MAIL POSTMARKED:July 17 , 1987
Certified P 453 589 719
I. FROM: Clerk of the JIoard of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: July 23 , 1987 EVIL BATCHELOR, Clerk
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: 74' BY: eput'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
X) This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
AUG 181997
Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: AUG 2 0 1987
BY: PHIL BATCHELOR by � De ut Clerk
Deputy
CC: County Counsel County Administrator
Legal De Mliarn 140 New Montgomery Street,Eleventh Floor PACIFICI:IBELL.
San Francisco,California 94105
Writer's Direct Number
415-542-2572 A Pacific Telesis Company
17 July 1987
Clerk of the Board of Supervisors
County Administration Building, Room 106
651 Pine Street, Martinez, CA 94553
Re: Claim for Indemnification/Contribution
Pacific Bell, a California corporation, presents a claim
for damages against the County of Contra Costa as provided in
Government Code Section 900 et seg.
Date of Claim: July 17, 1987
Claimant 's Address: Pacific Bell
140 New Montgomery Street
San Francisco, California 94105
All notices or correspondence concerning this claim
should be sent to counsel for claimaint:
Margaret E. Garber, Esq.
Pacific Bell Legal Department
Suite 1126
140 New Montgomery Street
San Francisco, California 94105
Clerk of the Board of Supervisors:'
Claim by Pacific Bell, a California corporation V 190
Re: Hagman v. County of Contra Costa, et al
17 July 1987 o�
Page Two
Asim:
On or about April 9, 1987 , Claimant has been served with
with the Second Amended Complaint in the case of Linda Hagman,
Administrator of the Estate of James Lea Hagman v. County of
Contra Costa, et al, filed in the Superior Court of California
for Contra Costa County, Case No. 294965 (see attached copy of
Complaint which is hereby incorporated as an integral part of
this claim) . The complaint alleges that on or about May 3, 1986,
the plaintiff 's decedent was involved in a single vehicle
accident while driving a motorcycle in a westerly direction on
Marsh Creek Road, approximately 1 .4 miles est of its intersection
with Deer Creek Road.
Claimant has been named as a defendant in said Superior
court action. The complaint alleges, inter alia. that the road
was improperly constructed and maintained, thereby resulting in
the decedent loosing control of his vehicle. Plaintiff further
alleges that the County improperly permitted the claimant,
Pacific Bell, to maintain a telephone pole in close proximity to
the road. Claimant contends that the County of Contra Costa is
wholly or partially responsible for the injuries complained of in
2
Clerk of the Board of Supervisorsr!! ::-
Claim by Pacific Bell, a CalifornIA corporation
Re: Hagman v. County of Contra Costa, et al
17 July 1987
Page Three
that plaintiff alleges that the County negligently constructed,
repaired and/or maintained the road.
Claimant contends that in the event it is found in some
manner responsible to plaintiff or to anyone in said Superior
Court complaint, that this claimant 's liability would solely be
based upon a derivative form of liability not resulting from the
conduct of the claimant but only an obligation imposed upon it by
law and therefore said claimant would be entitled to total and
complete indemnity from the County of Contra Costa.
As a result of the above set forth claim, the County of
Contra Costa is obligated to indemnify claimant wholly or on a
comparative fault basis, for all sums claimant may be compelled
to pay as .a' result of any damages, judgment or other awards
recovered in said Superior Court action, and to reimburse
claimant for necessary and reasonable attorney's fees and costs
3
r Y
Clerk of the Board of Supervisors,--r:.
Claim by Pacific Bell, a California corporation
Re: Hagman v. County of Contra Costa, et al
17 July 1987
incurred and paid by claimant in defending said Superior court
action.
The claim against the County of Contra Costa by claimant
is a demand by claimant upon County of Contra Costa to
affirmatively assume said obligations. The precise dollar amount
attributable to the assumption of said obligations is unknown at
the present time.
By
Mar et E G rber ,
Attorney fo laimant
Pacific Bell
415-542-2237
4
1 WILLARD E. STONE
Attorney at Law
2 1211 Newell Avenue
Suite 124 -
3 Walnut Creek, CA. 94596
4 (415) 935-1711
5 Attorney for Plaintiff
6
7
8 SUPERIOR COURT OF CALFIORNIA
9 COUNTY OF CONTRA COSTA
10 LINDA LIND HAGMAN, Administrator )
for the Estate of JAMES LEA HAGMAN, ) CASE NO. 294965
11 Deceased, )
Plaintiff ) SECOND AMENDMENT
12 )TO COMPLAINT
13 v )
14 COUNTY OF CONTRA COSTA, PACIFIC )
BELL COMPANY, A CALIFORNIA )
15 CORPORATION, PACIFIC GAS & ELECTRIC, )
A CALIFORNIA CORPORATION, ROBERT )
16 SUTTON, HOLLY SUTTON, RICHARD K. )
SHORES , and DOES I through XX, )
17 Defendants )
18 )
19 Comes now, the Plaintiff, LINDA LIND HAGMAN, as Administrator
20 of the Estate of JAMES LEA HAGMAN, Deceased, and as a Second
•21 Amendment to the Complaint previously filed herein, amends
22 paragraph 4 thereof to read as follows :
23 IV. The heirs at law of the Decedent pursuant to the
24 provisions of Code of Civil Procedure § 377 and their relation-
25 ship to the Decedent are :
26
WI`LARO E.STONE '
Attorney At Law
SUITE 124
1211 NEWELL AVENUE
WALNUT CREEK
CALIF.94596
-1-
Talapnona:IK1SI935.1711
i
1 NAME ' RELATIONSHIP TO DECEDENT
2 Virginia L. Hagman Daughter
3 Nicholas C. Hagman Son
4 Johnathan W. Hagman Son
5 Robert C. Hagman Father
6 Lois L. Hagman Mother
7
8
9 Dated: April 9, 1987 ,
10
19ILLARD E. STONE, Attorney
11 for Plaintiff
12
13 -
14
15
16
17
18
19
20
21
22
23
24
25
26
WM AND E.STONE
Attorney At Law
SUITE 120
1211 NEWELL AVENUE
WALNUT CREEL( —2—
CALIF.
2—
CALIi.94596
yet"hane:4415193S.1711
'VERIFICATION
�-` 2 1 , the undersigned, declare :
. That I am a party to the: foregoing proceeding; that
3 3
4 I have read the foregoing document and know the contents
5 thereof; that the same is true .of my own knowledge , except
6 for the matters set forth upon my information or belief, and
��.i... 7 as to such matters that I believe. to be true.
8 I declare under penalty of perjury that the foregoing
9 is true and correct.
,. 10 Executed on April 9, 1987
at Walnut Creek
11 California
12
13
14
. 15 Linda Lind Hagian
16
17
t: 19
[+. .., 20
21
22
23
24
25
26
ilOi.i. M E.NOME-
A060"AS Law
tuffs 124 ,
1211 Nt*UL AVENUE
WAUWf CREEK
C/Wf.NSM
M+IIOIU: 1'111
-- 1
CCE/
.: MAR g - 1981
1 WILLARD E. STONE l.EygL
Attorney at Law .
2 1211 Newell Avenue
Suite 124
3 Walnut Creek, CA. 94596 1 L E
4 (415) 935-1711
F E R 2 14R7
S Attorney for Plaintiff
7 K. HARTZ
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF CONTRA COSTA
10 ILIINDA LIND HAGMAN, Administrator )
of the Estate of JAMES LEA HAGMAN, ) CASE NO. 294965
11 Deceased )
Plaintiff ) AMENDMENT TO COMPLAINT
12 )
13 v )
14 COUNTY OF CONTRA COSTA, PACIFIC )
BELL COMPANY, a CALIFORNIA CORP- )
15 ORATION, PACIFIC GAS & ELECTRIC )
COMPANY, a CALIFORNIA CORPORATION, )
16 ROBERT SUTTON, HOLLY SUTTON, )
RICHARD K. SHORES , and DOES I )
17 through
Defendants )
18 )
19 Comes now the Plaintiff, LINDA LIPID HAGMAN and amends the
20 Complaint on file herein, by inserting in paragraph3 , page7 , line 17
21 DOES VI and VII in place of DOES I through III ; in paragraph 4 ,
22 page 7, lines 20-21, DOES VI and VII in place of DOES IV through
23 V; in paragraph 5 , page 7 , line 25, DOES VI and VII in place of
24 DOES IV and V; also in paragraph 5 , on page 8 , line 6, DOES VI
25 and VIZ in place of DOES I through V; in paragraph 2 , on page 9 ,
26 line 9, DOES VI and VII in place of DOES I through V; in paragraph
WH"RO E.STONE
AIIOeAIV At La-
SUITE 124
1211 NEWELL AVENUE
WALNUT CREEK
CALIi.945%
-1-
1~one:1N151975.1711
1 2, on page 9 , line 20 , DOES VI and. 'VII in place of DOES I through
2 V.
3 Plaintiff further amends,.. e Complaint herein by deleting
4 the existing line 26-1, pages 9 and 10, and in place thereof
5 adding new paragraphs as follows :
6 WHEREFORE, Plaintiff prays judgment against the Defendants ,
7 and each of them, as hereinafter set forth.
8 SIXTH CAUSE OF ACTION
9 (Strict Liability in Tort)
10 1. Plaintiff repleads , realleges and incorporates herein by
11 reference all of the allegations contained in the Fifth Cause of
12 Action as if the same were set forth in full.
13 1 2. Plaintiff is informed and believes , and based thereon
14 alleges that DOE X, is and at all times herein mentioned was , a _..
15 Corporation. Plaintiff will amend this Complaint when said
16 Defendants place of organization, existance and principal place
17 of business in this State is ascertained.
18 3 . Defendant DOE X , is and at all times herein mentioned
19 was , engaged in the business of designing , manufacturing and
20• assembling motor cycle helmets for sale to and use by members of
21 the general public, and as a part of its business , Defendant
22 designed, manufactured, and assembled the specific motorcycle
�3 helmet hereinafter referred to .
24 4 . Defendant DOE XI is , and at all times herein mentioned
25 was , engaged in the business of selling at retail to members of
26 the general public the hereinabove described motorcyle helmet
MALLARD E.STONE-
AllOrnay At Law '
SUITE 124
1211 NEWELL AVENUE —2—
WALNUT CREEK
CALIF.94596
T414plrone:141 S1 935.1
l l t
1 manufactured designed and assembled" by Defendant DOE X.
2 5. Defendant DOE X . intended that the motorcycle helmet
3 manufactured, designed and assembled by it be used as protective
4 head gear in the event of a motorcycle accident .
5 6 . At all times herein mentioned, the Defendant knew and
6 intended that its motorcycle helmet would be purchased by members
7 of the public and used by the purchasers and others without in-
8 spection for defects .
9 7 . Plaintiff is informed and believes and thereon alleges
10 that Defendants RICHARD K. SHORES, ROBERT R. SUTTON, HOLLY SUTTON
11 and DOES VI and VII purchased the defective motorcycle helmet
12 as described herein from DOE XI at his place of business herein-
13 above described.
14 8 . The motorcycle helmet was , at the time purchased as herein
15 alleged, defective and unsafe for its intended purpose in that
16 said motorcycle helmet failed to protect the Decedent, JAMES LEA
17 HAGMAN, from receiving serious head injuries .
18 9 . On or about May 3 , 1986 , the Decedent was using the
19 motorcycle helmet while riding the above described motorcycle on
20 Marsh Creek Road for the purpose of protective head gear. During
21 the course of this use and as a proximate result of the defects
22 hereinabove described, the helmet shattered upon impact when the
�3 Decedent was thrown from his motorcycle as described hereinabove .
24 10 . Plaintiff is informed .and believes and thereon alleges
25 that the Defendant knew that the motorcycle helmet manufactured,
26 designed and assembled by it was defective and dangerous in the
WILLApO E.STONE
AtIo/My At Lew
SUITE 124
1211 NEWELL AVENUE —3—
WALNUT CREEK
CALIF.94596
TeN1p11one:14151 M-17 i I
1 manner alleged hereinabove; that-.-Defendant knew that because of
2 the defects , the motorcycle helmet could not safely be used for
3 the purpose for which it waste`-intended; that Defendant , knowing
4 that the motorcycle helmets were defective and dangerous , in
5 conscious disregard of the safety of the public placed them on
6 the market (without warning customers or the unknowing public of
7 the defect) , and knew when it did so that they would be sold to
8 and used by the general public without inspection for defects ;
9 that Defendant , by placing the defective motorcycle helmets on
10 the market , impliedly represented that they were safe for the
11 purpose for which they were intended; and that Defendant , by placi
12 them on the market and otherwise representing them as able to per-
13 form safely, intended that customers and the unknowing public
14 should rely on its representations . The Decedent , in using the
15 defective motorcycle helmet as herein alleged, did rely on the
16 Defendants representations , all to his damage as hereinabove
17 alleged. In doing the things aforementioned, Defendant was guilty
18 of malice , oppression, and fraud and Plaintiff is therefore en-
19 titled to recovery exemplary or punitive damages in an amount in
20 excess of the minimum jurisdiction of this court .
21 WHEREFORE, Plaintiff prays judgment against the Defendants ,
22 land each of them, as follows :
23 1. For general damages in an amount in excess of the
24 minimum jurisdiction of this court ;
25 2. For medical and incidental expenses according to proof;
26 � 3. For loss of income according to proof ;
tlO KA ARO E.STONE.
Allorney Al Law
SUITE 124
1211 NEWELL AVENUE _(F
WALNUT CREEK
CALIF.94596
Tal a one:14151935-1711
1 4. For funeral and burial expenses for LINDA LIND HAGMAN,
2 Decedent ' s Personal Representative, in an amount according to
3 proof;
4 5. As against Defendants RICHARD K. SHORES , ROBERT R. SUTTON,
5 HOLLY J. SUTTON and DOES VI and VII , punitive and exemplary
6 damages in the sum of Two Hundred Fifty Thousand ($250, 000)
7 Dollars ;
8 6. As against Defendants DOES X and XI, punitive and
9 exemplary damages in an amount in excess of the minimum jurisdicti n
10 of this court ;
11 7. For costs of suit herein incurred; and
12 8. For such other and further relief as the court may deem
13 proper.
14
15 Dated: January 7 , 1987.
16
17
ILLARD E. STONE, Attorney
18 for Plaintiff
19
20
21
22
23
24
25
26
WIU AIIO E.STONE
AIIOro"At Low
SUITE 124
1211 NEWELL AVENUE
WALNUT CAEEX
CALIF.0596
NppOw ;N1S19�S•1n
1 VERIFICATION .
2 I , the undersigned, declare :
' That I am a party to the-_fore oin roceedin
3 g g proceeding ; that
4 I have read the foregoing document and know the contents
r
5 thereof; that the same is true of my own knowledge , except
6 for the matters set forth upon my information or belief , and
7 as to such matters that I believe to be true.
8 I declare under penalty of perjury that the foregoing
9 is true and correct.
10 Executed on January 28 , 1987
at Walnut Creek
11 California
I
12
I 13
14
15 LINDA LIND HAGMA�)
16
17
18
19
I
20
21
22
�3
24
25
26
WIWRD E.STONE-
' At10rn"At Law
SUITE 124
1211 NEWELL AVENUE
WALNUT CREEK
CALIF.94596
TM One:111SI93S•1711
MAR 6 . l9$7
1 WILLARD E. STONE
Attorney at Law �EGq�.
2 1211 Newell Avenue "-
Suite---124 Xt.
3 Walnut Creek, CA. 94596
4 (415) 935-1711
5 Attorney for Plaintiff
6
7
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF CONTRA COSTA
10 LINDA LIND HAGMAN, ) 294965
Administrator of ) CASE NO.
11 the Estate of )
JAMES LEA HAGMAN, )
12 Deceased, ) COMPLAINT FOR DAMAGES FOR
Plaintiff, ) WRONGFUL DEATH AND FOR
13 ) PERSONAL INJURIES
14 v )
15 COUNTY OF CONTRA COSTA, )
PACIFIC. BELL COMPANY, a )
16 CALIFORNIA CORPORATION, )
PACIFIC GAS & ELECTRIC )
17 COMPANY, a CALIFORNIA )
CORPORATION, ROBERT SUTTON, )
18 HOLLY SUTTON, RICHARD K. SHORES , )
and DOES I through XX, )
19 Defendants )
20 )
21 Plaintiff complains , of Defendants , and each of them, and
22 alleges as follows :
23 FIRST CAUSE OF ACTION
24 (WRONGFUL DEATH)
25 1. On or about November 2-0, 1986, Plaintiff was issued
26 Letters of Administration of the Estate of JAMES LEA HAGMAN,
ALARO E.STONE
Aumn"At Law
SWTE Itd
I l NEWELL AVENUE —1—
WALNUT CREEK
CALIF.94596
gAOti:N 1!I 975 1711
Deceased, by the Superior Court of C-alifornia, County of Contra
2 Costa.
3 2. Plaintiff is the duly appbinted, qualified, and acting
4 Personal Representative of the Estate of JAMES LEA ..HAGMAN, Deceasec .
5 3 . Plaintiff brings this action as specified in §377 (b) of
6 the Code of Civil Procedure on behalf of the surviving heirs of
7 JAMES LEA HAGMAN, Deceased (hereinafter referred to as "Decedent")
8 4 . The heirs at law of the Decedent and their relationships
9 to the Decedent are :
10 NAME RELATIONSHIP TO DECEDENT
11 Virginia L. Hagman Daughter
12 Nicholas C. Hagman Son
13 Johnathan W. Hagman Son
14 Robert C. Hagman Father
15 Lois L. Hagman Mother
16 Jeanine Cormany Sister
17 Daunine Vining Sister
18 Gerald Hagman Brother
19 Nancy Hagman Sister
20 5 . The Plaintiff does not know the true names or capacities
21 of the Defendants sued herein as DOES I through XX; that said
22 names are fictitious names and Plaintiff will amend this Complaint
�3 to show their true names when ascertained. Plaintiff is informed
24 and believes and on information and belief alleges that each of
25 the Defendants named herein as DOES I through XX, inclusive , is
26 an agent and employee of the other named Defendants ; that in doing
U ARO E.STONE
Attorney At Law
SUITE 124
11 NEWELL AVENUE —2-
WALNUT
2WALNUT CREEK
CALIF.94696
,hone:tat S!935•Irl t
I the things mentioned hereinafter ..-,in this Complaint each was acting
2 within the scope of his employment as agent and employee ; that
3 each is responsible in some runner for the occurances hereinafter
4 alleged; that Plaintiff' s damages as hereinafter_. alleged were
5 proximately caused by the negligence or actions of each of said
6 Defendants .
7 6. That at all times herein mentioned, the Defendant, COUNTY
8 OF CONTRA COSTA, was a County and political subdivision of the
. 9 State of California, duly organized and existing under the laws
10 of the State of California.
11 7 . Defendant , PACIFIC BELL COMPANY, is and at all times here-
12 in mentioned was , a Corporation, organized and existing under the
13 laws of the State of California and doing business in the County
14 of Contra Costa.
15 8. Defendant , PACIFIC GAS & ELECTRIC COMPANY, is and at all
16 times herein mentioned was , a Corporation, organized and existing
17 1 under the laws of the State of California and doing business
18 in the County of Contra Costa.
19 9. On May 3 , 1986, and prior thereto , Defendants CONTRA
20 COSTA COUNTY and DOES I through V, designed, constructed, owned,
21 maintained and controlled Marsh Creek Road, 1 . 4 miles west of
22 Deer Valley Road in the County of Contra Costa.
23 10. On the above mentioned date , and prior thereo , the
24 Defendants , PACIFIC BELL COMPANY ( PAC BELL) and PACIFIC GAS
25 ELECTRIC COMPANY (PG&E) constructed, owned, maintained and
' 26 controlled a telephone and power utility pole immediately adjacent
M1RA ARO E.STONE . _.�.
ApO/MV At L&w
SUITE 124
1211 NEWELL AVENUE -3-
WALNUT
3-WALNUT GREEK
CALIF.94595
Tppryp,y;14IS19]S•I11I
i
1 to the roadway on Marsh Creek Road as described above.
2 11. On May 3, 1986, and pl r. thereto , the above described
3 roadway, owned, maintained and controlled by CONTRA COSTA COUNTY,
4 was in an unsafe and dangerous condition, that created a sub-
5 stantial risk of the type of injury hereinafter alleged when said
6 roadway and curve there upon, was used with due care in a manner
7 that it was reasonably foreseeable that it would be used in that
8 said roadway and curve was unsafe and improperly designed and
9 constructed. Further, Defendant , CONTRA COSTA COUNTY, allowed
10 to be erected in dangerous proximity to said roadway by Defendants
11 PAC BELL and P G & E; a telephone and power utility pole so close
` 12 to the roadway as to constitute a hazardous and dangerous
..13 condition to motorists attempting to negotiate said roadway and
14 curve at the speed limit posted just before said roadway and curve
15 12. The Defendants had actual knowledge of the existance of
16 the above described conditions and knew or should have known
17 of their dangerous character a sufficient time prior to May 3 ,
i
18 1986 , to have taken measures to protect against the dangerous
19 conditions .
20 13. On May 3, 1986, Decedent was driving a motorcycle in
21 a westerly direction on Marsh Creek Road, approximately 1. 4
22 miles west of its intersection with Deer Creek Road. As a
23 proximate result of the dangerous condition of the roadway and
Decedent
' 24 curve, and placement of said utility pole, when the/ entered the
- 25 turn, his motorcycle went off the roadway and turn, part of the
26 motorcycle foot peg striking said utility pole, causing the
IU ARO E.STONE
AIIWMT At Law
SUITE 124
11 NEWELL AVENUE —4—
WALNUT CAEEK [4—
WALNUTCAEEK
CALIF.94596
F'—:1415193S-1711
1 Decedent and motorcycle to fall down the nearby embankment ,
2 causing the death of the Decedent., on June 25 , 1986 .
3 14. Prior to the death of�`the Decedent, the heirs were
.. 4 dependent on him for their support and maintenance and Decedent
5 was a faithful and dutiful father, son and brother to the heirs .
6 15. As a proximate result of the dangerous condition of
7 Defendant' s property, and the death of the Decedent , Plaintiff
8 Las sustained pecuniary loss resulting from the loss of the
9 society, comfort, attention, services and suport of Decedent in
J 10 an amount in excess of the minimum jurisdictional requirement of
11 this court.
12 16. As a further proximate result of the dangerous condition
�3 of Defendant ' s property, and the . death of Decedent , Plaintiff
14 LINDA LIND HAGMAN, has incurred funeral and burial expenses in
15 an amount unknown at this time . Leave of court will be sought
16 to amend this Complaint according to proof.
17 17 . That on or about August 22, 1986 , prior to the commence-
18 ment of this action, Plaintiff caused to be presented to the
19 Defendant, COUNTY OF CONTRA COSTA, a claim for damages sought in
20 this action in the amount of Five Hundred Thousand ($500, 000)
21 Dollars-. ' A true and correct copy of the claim is attached hereto,
22 marked Exhibit "A" and incorporated herein by reference .
23 18. That on or about August 25 , 1986 , the Board of Supervisors
24 of Contra Costa County rejected said claim in full .
25 WHEREFORE, Plaintiff prays judgment against the Defendants
26
WILLARO L STONE -
Altomft At Law '
SUITE 124 —C
1211 NEWELL AVENUE J
WALNUT CREEK
CALIF.94596
'~0nr N1SI935-1711
M1'N.
1 and each of them, as hereinafter set forth.
2 SECOND CAUSE OF ACTION
3 (PERSONAL INJURY)
4 1. Plaintiff repleads , realleges and incorporates herein by
5 reference all of the allegations contained in the First Cause of
6 Action as if the same were set forth ' in full.
7 2. On June 25 , 1986, after the foregoing cause of action
8 arose in his favor on May 3, 1986, JAMES LEA HAGMAN, Decedent who
9 would have been the Plaintiff in this action if he lived, died.
10 3. As a proximate result of the negligence of the Defendants
11 and each of them, the Decedent was required to and did employ
12 physicians and surgeons to examine,treat and care for him, and
. 13 did incur medical and incidental expenses in an amount unknown at
14 this time but in excess of the minimum jurisdiction of this
15 court.
16 4. At the time of the events described herein, Decedent was
17 gainfully employed as a traffic signal electrician for the City
18 of Concord. As a further proximate result of the negligence of
19 the Defendants , and each of them, the Decedent was prevented from
20 attending to his usual occupation for the period of time from
21 May .3 ,. 1986, until his death on June 25 , 1986 , all to his damage
22 in loss of earnings in an amount unknown to the Plaintiff at this
23 time, to be ascertained according to proof.
24 5. That on or about June 5, 1986, prior to the commencement
25 of this action, Plaintiff caused to be presented to the Defendant ,
26 COUNTY OF CONTRA COSTA, a claim for damages sought in this action
VIILJ RO L STONE
A1101 ay At Law
SURE 124
1211 NEWELL AVENUE 6
WALNUT CREEK
GAUP.94596
Talpnotr:14 i S1 l3S.1 T 1 t
I in the amount of Five Hundred Thousand ($500, 000) Dollars . A true
2 and correct copy of the claim is attached hereto marked Exhibit
3 "B" and incorporated herein by-freference.
4 6. That on or about July 8, 1986, the Board of Supervisors
5 of- Contra Costa County rejected said claim in full.
6 WHEREFORE, Plaintiff prays judgment against the Defendants ,
7 and each of them, as hereinafter set forth.
8 THIRD CAUSE OF ACTION
9 (WRONGFUL DEATH AS TO DEFENDANT RICHARD K. SHORES,
10 ROBERT R. SUTTON AND HOLLY SUTTON)
11 1. Plaintiff repleads , realleges and incorporates herein by
12 reference all of the allegations contained in the First Cause of
13 Action as though set forth in full.
14 2. At all times herein mentioned, the Defendants RICHARD K.
15 SHORES and DOES I through III, were and now are the owners of the
16 motorcycle hereinafter described.
17 3. Defendants RICHARD K. SHORES and DOES I through III, gave,
18 loaned or sold to Defendants ROBERT R. SUTTON and HOLLY J. SUTTON,
19 said motorcycle.
20 4. Defendants ROBERT R. SUTTON, HOLLY J. SUTTON and DOES IV
21 through V are the agents , servants and employess of the Defendant
22 RICHARD K. SHORES, and at all times herein mentioned were acting
23 within the scope and purpose of their agency and employment .
24 5. On or about May 3 , 1986, Defendants ROBERT R. SUTTON,
25 HOLLY J. SUTTON and DOES IV through V, did loan, rent, sell or
26 give to Decedent JAMES LEA HAGMAN, a certain 1975 360 motorcycle,
SntARD E.STONE -
A4tOonN M Law
SLATE 124
1211 NEWELL AVENUE
WALNUT CAM(
CALIF.NSii
TewVbone:141 St 13s.t 7 11
. '
1 California license number 3M2705, for- the purpose of operating
2 said motorcycle on the public streets and highways of California,
3 and thereafter the Decedent, JAiES LEA HAGMAN, did operate that
4 motorcycle with the knowledge, consent and permission of the
5 Defendants , RICHARD K. SHORES, ROBERT R. SUTTON, HOLLY J. SUTTON
6 and DOES I through V.
7 6. Said Defendants knew that the motorcycle was in a
8 dangerous and defective condition and unfit to be operated on
9 the public streets and highways in that the front tire was bald
10 and the front brake was defective, and Defendants knowlingly
11 permitted the motorcycle so equipped to be placed and operated on
12 the public streets and highways of California and including
13 Marsh Creek, Road, as herein mentioned.
14 7 . On May 3, 1986, the Decedent was driving said motorcycle
15 in a westerly direction on Marsh Creek Road, approximately 1. 4
16 miles west of its intersection with Deer Creek Road. As a proximate
17 result of the dangerous and defective condition of the motor-
18 cycle as aforesaid and the negligence of the Defendants , and
19 each of them, the motorcycle went off the roadway and the foot
20 peg struck the described utility pole , causing the Decedent and
21 motorcycle to overturn and to proceed down an embankment, causing
22 severe injury and brain damage, which resulted in the death of
23 the Decedent on June 25 , 1986.
24 WHEREFORE, Plaintiff prays judgment against the Defendants ,
25 and each of them, as hereinafter set forth.
26
RLLAXO E.STONE
AttOHNT At Law
SWTE 124
III NEWELL AVENUE
WALNUT C LEtt
CALIF.US%
-8-
Ipllfltt�:N t so 97S.1)11
1 FOURTH CAUSE OF ACTION
2 (PERSONAL INJURY AS ,TO DEFENDANTS
3 RICHARD K. SHORES , ROBERT R `f:SUTTON AND HOLLY SUTTON)
4 1. The Plaintiff repleads , realleges and incorporates herein
5 by reference paragraphs one through four of the Second Cause of
6 Action and all of the allegations contained in the Third Cause
7 of Action as if the same were set forth in full.
8 2. On or about May 3, 1986, Defendants RICHARD K. SHORES,
9 ROBERT R. SUTTON, HOLLY J. SUTTON and DOES I through V owned,
to maintained, controlled and managed said above described motorcycl .
11 WHEREFORE, Plaintiff prays judgment against the Defendants ,
12 and each of them, as hereinafter set forth.
13 FIFTH CAUSE OF ACTION
14 (EXEMPLARY DAMAGES AS TO DEFENDANTS
15 RICHARD K. SHORES , ROBBERT R. SUTTON AND HOLLY J. SUTTON)
16 1. Plaintiff repleads , realleges and incorporates herein
17 by reference all of the allegations contained in the Fourth Cause
18 of Action as though set forth in full.
19 2. That in doing the acts herein alleged, Defendants RICHARD
20 K. SHORES, ROBERT R. SUTTON, HOLLY J. SUTTON and DOES I through V
21 and each of them, acted with oppression, fraud, malice and in
22 conscious disregard of the rights and safety of the Decedent,
23 JAMES LEA HAGMAN, and based thereon the Plaintiff is entitled to
24 punitive and exemplary damages in the sum of Two Hundred Fifty
25 Thousand ($25.0, 000) Dollars .
26 WHEREFORE, Plaintiff prays judgment against the Defendants
LLARD E.STONE
AUom"At Low
Sulu 124
11 NEWELL AVENUE
WALNUT CAM
CAUL.94MG
-9-
Miens:14151935-1?11
1 and each of them, as follows :
2 1. For general damages in•.an amount in excess of the
3 minimum jurisdiction of this court;
4 2. For medical and incidental expenses according to proof;
5 3. For loss of income according to proof;
6 4 . For funeral and burial expenses for LINDA LINDA HAGMAN,
7 Decedent ' s Personal Representative, in an amount according to
8 proof;
9 5 . As against Defendants RICHARD K. SHORES, ROBERT R. SUTTON,
10 MOLLY J. SUTTON and DOES I through V, punitive and exemplary
11 damages in the sum of Two Hundred Fifty Thousand ($250, 000)Dollars
12 6. For costs of suit herein incurred; and
13 7. For such other and further relief as the court may deem
14 proper.
15
16 Dated: December �� , 1986
17
18oto � u
WILLARD E. STONE, Attorney
19 Plaintiff
20
21
22
23
24
25
26
WILURO E.STONE-
Attorney At low
SUITE 124
1211 NEWELL AVENUE
WALNUT CAM
CALtf.94S%
T~om:14151935.17 11
-10-
1 VERIFICATION
2 1 , the undersigned, declare :
3 That I- am a party to tl�i foregoing proceeding ; that
4 I have read the foregoing document and know, the contents
5 thereof; that the same is true of my own knowledge , except
6 for the matters set forth upon my information or belief, and
7 as to such matters that I believe to be true.
8 I declare under penalty of perjury that the foregoing
9 is true and correct .
10 Executed on December 16 1986
at Walnut Creek
11 California
12
13
14
15 LINDA LIND HAC
16
17
18
19
20
21
22
23
24
25
26 ,
NIU ARD E.STONE
MOM"Al Lair
SWTE 124
1211 NEWELL AVENUE
WALMJT GREEK
GAUF.94M
.MP Do V14151935-1711
' - 11tl Lt VC t.lulitl LV .iCla►wl �•..•.••. .. _ . �—.—
M ttl CAW 94553
A. Claims relating tc, causes of action for deat._ or form 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. Codg);
S. Claims must be filed with the Clerk of the Board of Supervisors
at its office in Room 106, County Administration Building, 651 Pine
Street, -Martinez, California 94553.
C. If claim is against a district governed by the Board of Supervisors,
rather than the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims
must be filed against each public entity. .
E. Fraud. See penalty. for fraudulent claims, Penal Code Sec. 72 at end
of— Fis form.
•:��:ts:::t:i��•�►#��*f*•�+r*��tttt*��*tt*st*t*t�ttr:t•::�:tie*t:rrt:�:••t::t
• Claim by LINDA LIND HAGMAN on )Reserve i in stamps
RE:
of VIRGINIA L.HAGMAN, NI&HOLAST�V ,
C. HAGMAN and JONATHAN W. HAGMAN wino s CEii�/
and a ami y mem ers an heirs o fl S -E
L. HAGMAN, Deceased. find on behalf of the c 1g�6
est Against the COUNTY OF CONTRA COSTA) aU G
LSAT �Op
or DISTRICT)
(Fillin name
The• undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ 500, 000
and in support of this claim represents as follows:
-------------------------- -------------- ------------------------ ----
�. When did the damage or injury occur? ZGive exact date and hour]
The injury to James Hagman occurred on May 3, 1986, at approximately
. 6:50 p.m. Mr. Hagman died from the injuries on June 25, 1986.
�. Where did-the damage or a.n3ury occur? (Include city and county)
On Marsh Creek Road, 1. 4 miles west of Deer Valley Road, an un-
incorporated area of Contra Costa County.
3. How did the damage or in�ury occur? (Give �ul� details,-use extra .
sheets if required) As Mr. Hagman made a turn on Marsh Creek on a motor-
cycle, he went off of the roadway onto the gravel shoulder where his
motorcycle foot peg struck a utility pole causing the motorcycle to flip
over, injuring Mr. Hagman so as to cause his death.
-----------———----———--——---———•�———1--------------------------------------
What
—--——
4. What particular act or omission on the part of county or district
officers, servants or employees caused the injury or damage?
The place of the utility pole was so close to the roadway so as to
constitute a danger .and hazard to the motorists and motorcyclists
travelling said road and making the left turn in a west bound direction.
(over)
EXHIBIT "All
(Jnknown at this tits"
$: ts5at damage or �n3uries o you clam resintea? I 617,rF full extent
of injuries or damages claimed. Attach two estimates fo
damage) Mr. Hagman suffered from massive brain injury including brain
contusion, -basilar skull fracture and--btain stem damage. He died on
June 5 19186. Claim is ate., serted for damages o b half of the Decedent and
_____or, Q�$o_support. co _ ort and society_to_Re-�ieirs--+-�--_--- ---
am
_
_!. $ow was the amount claimed above computed? (Include the estimated -
amount of any prospective injury or damage. )
Unknown at this time.
-----------------------------------------------------------------------
�. Names and addresses of witnesses, doctors and hospitals.
Doctor: Glenn Lee, M.D. Witnesses : Robert & Holly Sutton
Kaiser Hospital 1825 Manzanita Dr.
1425 Main Street Concord, CA. 94519
Walnut Creek, CA. 94596
�. L�stfthe expenditures you made on account of thie accident or 3. 3ury:
'DATE ' : ITEM _ AMOUNT
May V, 1986 Delta Memori4� Hospital - unknown
May 3, 1986 Emergency Medical Care
to May 14, 1986 Jdhn Muir Hospital unknown
May 14, 1986 . ongoing Kaiser Hospital medical care until June 25 , 1986 _
Govt. Code Sec. 910.2 provides:
"The claim signed by the claimant
SEND NOTICES TO: (Attorne ) or by some person- n his behalf. "
Name and Address of Attorney
P.. 0-
WILLARD E. STONE Claimant Si ture
1211 Newell Ave, Suite 124 1166 Santa Lucia Drive
Walnut Creek, CA. 94596 Address
Pleasant Hill, CA. 94523
Telephone No. (415) 935-1711 Telephone No. (415) 686-2711
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. "
4&b cructlons zo CIAXIL,
. .. •; - �Sj P,„ a 5�.� bio 6
MyUne C jalito��► to 5W
A. Claims relating uo causes of action for death or or
�n
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) .
S. Claims must be filed with the Clerk of the Board of Supervisors
at its office in Room 106, County Administration Building, 651 Pine
Street-, Martinez, California 94553.
C. If claim is against a district governed by the Board of Supervisors,
rather than the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims
must be filed against each public entity. .
E. Fraud. See penalty. for fraudulent claims, Penal Code Sec. 72 at end
of this form.
•eee�:ee:eeeeeeeeeeeeeeee*eee::*ee*eeeeeee**:�*:::Beet*�*:eeeee:ee:tee::
RE: Claim by )ReserverJUN..-)
l ,r 's fi ng stamps
LINDA LIND HAGMAN )
' CEIVED
Conservator of JAMES LEA HAGM*
Against the COUNTY OF CONTRA COSTA) 1986
S,cc)P iv%.
or DISTRICT) • BATCM= _ _
(Filln name ) `mac f SW - "
The' undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of S 500, 000. 00
and in support of this claim represents as follows:
- --- - ---- -
ve-----------------an-
When did the damage or injury occur? Giexact date d hour]
May 3, 1986 at approximately 6: 50 p.m.
�:--wfiere-did-tFie-�-ama-e or'g
ijury
_ ------------- ---- --- ----- - ----
noccur? (Include city and county]
On Marsh Creek Road, 1. 4 miles west of Deer Valley Road,
an unincorporated area of Contra Costa County
--- ------ --
3. How did the damage or inuryH occur? (GiveuII dtais�reec on as
sheets if required) As agman made a turn on ar
motorcycle, he went off of the roadway onto the gravel shoulder
where his motorcycle foot peg struck a utility pole causing the
motorcycle to flip over, injuring Mr. Hagman severely.
�. i�lhat particular act or omission on the part of county or district
officers, servants or employees caused. the injury or damage?
The placement of the utility pole was so close to the roadwav
, so as to constitute a danger and hazard to' motorists and motor-
cyclists travelling said road and making the left turn in a
west bound direction
(over)
EXHIBIT „ B „
5. . .What are the names,,--f county or aistricL V111L.�,tib, bCi va .Ja v�
employees causing ie damage or injury?
Unknown at this time, ,
�: WFiat damage or injuries do you claim resulted? ZGive full extent
of injuries or damages claimed. Attach two estimates fcr viutn
damage) Mr. Hagman suffers from mass.-IV'- brain injury including brain
contusion, basilar skull fracture and brain stem damage. He has
been in a coma since the date of the accident.
------------=-------------------------------------------------------- --
7. Eow was the amount claimed above computed? (Include the estimate
amount of any prospective injury or damage. )
Unknown at this time
�. Names and addresses of witnesses, doctors and hospitals.
Doctor: Dr. Glenn Lee, M.D. Witnesses : Robert & Holly Sutton
Kaiser Hospital 1825 ,Manzanita Dr.
1425 Main St Concord, CA. 94519
Walnut Creek, CA. 94596
�. I.isx .the• ®xpenda,tures you made on account of this accident or in3ury:
. DATES ITEM AMOUNT
Delta Memoriaf ospitalun cZnown
May 3, 1986, Emergency Medical Care
to Mayl4 , 19.86 John Muir Hospital unknown
Medical Care
Iay 14, 1986 ongoing Kaiser Hospital Medical Care unknown
J '
Govt. Code Sec. 910.2 provides:
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or some rs on his behalf. "
Name and Address of Attorney -)
WILLARD E. STONE Claimant s Si nature
1211 Newell Ave, Suite 124 Address
Walnut Creek, CA. 94596
Pleasant Hill . CA. 94523
Telephone No. (415) 935-1711 Telephone No. (415) 686-2711
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 P
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 18 , 1987
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $25 , 000 Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: KAREN AUSTEN COunty �ounS�l
c/o Case , Ford, Atkinson, Burland JUL 21' 1987
ATTORNEY: Attorney at Law
550 California St. #1000 Date received f aVjne�
ADDRESS: San Francisco , CA 94104 BY DELIVERY TO CLERK ON �u y ,
BY MAIL POSTMARKED: July 17 , 1987
I. FROM: Clerk of the Joard of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Jul 23 , 1987 PpHHIL BATCHELOR, Clerk
DATED: 3' BY: Deputy /�_Z
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( )) This claim complies substantially with Sections 910 and 910.2.
(/V This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: BY: Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
(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 18 19817 PHIL BATCHELOR, Clerk, By �1Deputy 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.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
AUG 20 1987
Dated: BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
1 as these damages become known.
2 DATED-:' July 15 , 1987 CASE, FORD, ATKINSON & BURLAND
3
4 By:
LYNN . ALTSHULER
5 Attorneys for Above-Named.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-Page Two of Two-
PROOF OF SERVICE BY MAIL = CCP 1013a, 2015.5
1 I declare that:
2 1 am employed in the county of San Francisco, California. I am over the age of eighteen years and not a
3 party to the within cause; my business address is 550 California Street, Suite 1000, San Francisco,
4 California, 94104.
Julx 16 1987 I served the within
S On ............. ! ....................................., _
IDATEI
6 CLAIM AGAINST THE CITY OF WALNUT CREEK, CALIFORNIA
................................................................................................................................................................................................................._
7 ................................................................................................................................................................................................................_
8 ................................................................................................................................................................................................................._
9 by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the
10 United States mail at San Francisco addressed as follows:
11 Board of Supervisors
671 Pine
12 artinez , CA 94553
13
14
15
16
17
18
19
20
21
22
23 1 declare under penalty of perjury that the foregoing is true and correct, and that this declaration was
July 16 , 1987
24 executed on .............. ................................................................ at San Francisco, California.
(DATE)
25 1'
Maud Rendon
26 ....................................................................................................
TYPE OR PRINT NAMEI $IGNATUP.E
y
28
A A/6�
,4 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 18 , 1987
and Board Action. All Section references are to The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $1, 000, 000. 00 Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: HENRY L. PHILLIPS County Couns�{
1531 17th Avenue JUL 2 1- 1987
ATTORNEY: Oakland, CA
Date received Martie-
ADDRESS:
c"l. rtie- ,� c
ADDRESS: BY DELIVERY TO CLERK ON Ju1ly 2�', �*5ur�--"'
BY MAIL POSTMARKED: July 17 , 1987
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: July 23 , 1987 ppHHIL BATCHELOR, Clerk ,
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: '�':'�. t Y . �.!% Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
(x) This Claim is rejected in full.
Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
AUG 18 1987
Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
AUG 2 0 1987 �, IeWDeputy Clerk
Dated: BY: PHIL BATCHELOR by
CC: County Counsel County Administrator
oRpeo
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d
t CLAIM
' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Au gu s t 18 , 1987
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), givesi pursuant to GovernmQ0 6j , CO
Amount: $33 , 000 - 00 Section 913 and 915.4. Please note all "Warnings". UnSe)
CLAIMANT: JONI WALTERS AUG n 1, 1987
c/o Carpeneti & Carpeneti Martin 53
ATTORNEY: 1255 Post Street #1025 e2' CA 945
San Francisco , CA 94109 Date received
ADDRESS: BY DELIVERY TO CLERK ON July 31 , 1987 CC
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.
August 3 , 1987 BHHIL DATCHyELOR, Clerk
DATED: epu
L. Hall
II. FROM: County Cou sel- TO: Clerk of the Board of Supervisors
( This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: / L / �� BY: �? �� �,' �'� Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
,46 s1�i��/O,ED
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 18 1987 PHIL BATCHELOR, Clerk, By If 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.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
AUG 2 0 1987 W1641�Deputy
Dated: BY: PHIL BATCHELOR by • Clerk
CC: County Counsel County Administrator
l
t
1.(00�
M
LAW OFFICES County Counsel
CARPENETI & CARPEN ETOL 2 9 1987 OF COUNSEL
RICHARD CARPENETI
SUITE 1025 WALTER 1.CARPENETI
HERBERT F. MILLER 1255 POST STREET Martinez,,CA 94553
SAN FRANCISCO 94109
(415) 441-8000
July 28 , 1987
RECEIVED
Mary Ann McNett JUL 31987
Deputy County Counsel
County Counsel' s Office of Contra Costa TM
County Administrative Building T
P.O. Box 69
Martinez, CA 94553
RE: Our Client Joni Walters
Date of Claim July 14 , 1987
Date of Injury: April 8, 1987
Dear Pis. McNett:
This letter is to acknowledge your Notice regarding our claim.
It is the supplemental information you requested.
Joni Walters ' minor daughter Twyla Walters suffered injuries
on or about April 8, 1987 when she fell climbing into a hot
tub and injured her toe.
She was treated that day at the Contra Costa County Health
Services and released. The patient was not treated and properly
diagnosed, thus causing her greater injury. Twyla Walters even-
tually required surgery and one month at Petaluma Valley Hospital.
As Twyla Walters ' guardian, Joni Walters incurred over $33, 000 . 00
in medical expenses to date. I have attached the fo.11o;a_.r.9 ir.edi-
cal bills :
Petaluma Valley Hosvital -- $32, 757. 85
Jerry L. Roberts , M.D. -- 360. 00
Contra Costa County Health
Services -- 211. 00
Please contact me if you have further questions or wish to discuss
this matter. Thank you for your courtesy and cooperation.
Very truly yours,
CARPENETI & CARPENETI
HFM/jh BY
Enclosure. Herert Mil er
• ' _ 110'..1111 AL 1 1 U•IIAL
IDC 14.1.1 1:::•11I1I IIUMUI 11
_..cd County Counsel
PETALIJMA VALLEY HOSPITAL JUL 2 g 1987
400 NOk1H McDOWELL BLVD. MartiZ, CA 94553 —
P[TALUMA, CALIFOkNIA 94952-0621 WHEN REFERRING TO THIS ACCOUNT
707-778-1111 PLEASE USE ADMISSION N0,
JOANIE WALTERS 7-21181 -6 06/15/ 87
755 G O S S A G E AVE ADMISSION 140. ( DISCHARGE DATE
PETALUMA CA 94952 WALTERS TWYLA M 7211816
REGULAR 06/ 18/87 PAGE 1
I:II:I1foR wALTLRS TWYLA ,h AGE 10 PHY 109 39 REV E
DATE, "14.4.'°"`C
NUMM4.1, cu&4.'Ixnlrllur, SERVICE UESCf11P110N uuANtllT P1110E
DATE OF ADMISSION 05/13 / 87
SALANCE FORWARD 22268. 5 !
** * 01 ROOM AND 90ARD AREA TOTAL ** * 5 1/650.0(
** A 16 CENTRAL SERVICES AREA TOTAL *** 175 .01
AAA 19 CENTRAL SERVICES AREA TOTAL ** * 60.0(
**R 22 CENTRAL SERVICES AREA TOTAL ** * 3t045 .10*"
** * 28 LA40RATORY AREA TOTAL *** 384 .0(
**� 50 PHARMACY AREA TOTAL * ** 43 .3
*** 51 PHARMACY AREA TOTAL *** 4024 .6
** * 53 - PHARMACY AREA TOTAL *** 1 .194 .0
BALANCE DUE 32.757 . 8
1 •
CONTRA COSTA COUNTY '''ALTH SERVICES PA,._E
r 1 '� t
OF DATE OF BILL 2500 ALHAMBRA
�.. MARTINEZ, CALIFORNIA 94553 COt1 r)t
(415 372-4405 y COU�Sel
PATIENT NAME PATIENT NUMBER_ SCX AGE ADMISSIOW DATE 1. DISCHARGE DATE DAYS AZ8?10,EIt
rt'r CA
INSURANCE COMPANY NAME GROUP NO. POLICY N11M3ER
.-CANTOR _C. I b ./ L L
LAME I: J L 1'
AND i 1: 1
DI:E55 ,
PLEASE RETURN TOP PORTION WITH YOUR PAYMENT
k r L OF I OTY OFSCRIPTION•OF SERVICE TOTAL EST COVERAGE EST.COVERAGE [v..:_^`fFfl:it PATIENT
RVICE f HOSW TAL SERVICr ^'TDE CHARGL3 INS.CO.NO.1 INS.CO.NO.2 INS,CO NO.7 AMOUNT
r • Ti T.;L L. :. 'tT:�IL :, ,L7
1 ' • "
r_ ? 1. 4141 -1
r. 1 TT.,l_ i.- 1•. .; 1
L :t, 2 :,_.. : 2111 . 1 l i 1 .
: L : 'T 1. 11 . 1 i
%AND
cU J -
-1•AT1,r� H PLEASE REFFR TO PATIENT • ADUITIONAL PA/Ir NT BILLING MAY BI NF CISSAIIY I0/1(iN+
r '/ MUY6IR ONALL INOVI ItS CHARGES NOT POSTED WIZEN THIS Ula WAS"EPA14LU O
AND CORRESI•pNULNCE. IF INSURANCE CARRIERS DO NOT PAY ANY PART OF THEn PLEASE PAY THIS AMOUNT
PAUN 05 t2 091 AMOUN TS;;HOWN UNOF,.i.;T IMATEU INSLINANCI COVI IIA6I __
2_ �_)CONTRA COSTA COUNTY HEALTH SERVICES • •A,k�checks payable to County Auditor-Controller. 625 Court Street,Room 2(
AA-.,.--- .... -
_ -.. , -�-..�- jai ..-.r r. �• ��\�\
County Counsel
JUL 2 a 1987
9;THOPEUC Martinez C
�,. .A
945.5,3
1115 LC C'' C VEE' vf4Y VF ;u:!j l".il,i :cuu {....:.,.:n;
r
PET4LU- s9 C. V49r%2 1 „ ,
I Z$uyU-2 CJS 1 S1 1C-YYYU'%21 5Y
RIONI:: ( 707)-763-263A �: v
0913310ZSr, 65-31 -;t7 311j , ,)to T r LTE :?S/ 7C'+1 !:I-LTE'-'L;
755 S?SS,'GE n V;-;Jr
PETA LU`A. CA
043n T+°YLL1;T5 3 71r PCi:iT-'1F' SmJE k.7,, 2 ll .t 3
0430 (►i• i'�IT f V 5 F 30. 11;
05014 T•'YL:. f':P+E!:T3 3 Q0i 41) Uv BRIEF •73g2 2�r. �'�
0505 PATIc1l1 CHECK 2�1,�G.
0505 PATIF.fiT CHLCN 4t . n3-
0503 T tiYLi ►s Ei 3 7V b ARAY TUES K7302 2y , �,,
0509 T ' YLr i='.1':Ei;T3 3 r)(11;U1-1 UV B';IEF I,7 t 2t. 11(,
0511 P47IL'•tT CHECK 20. P(,-
0513 T YLIF T n12d EXC, FJR DST') K73(1!
1.? 13r 1 i .5:) I , ., i V ,il:. lel fclu;r: .._ ,.• .
115.31-� rl.cclHr.ti Z k n
..._ ... ..,.: .
3xi4, 1)i) DRTri'PE,DIf' S1;;-;6E1`Y
IIS •
NOTICE OF INSUFFICIENCY \ County Counsel
TVD/OR
NON-ACCEPTANCE OF CLAIM JUL 2 y 1987
Martinez, CA 94553
TO: Joni Walters
c/o Carpencti & Carpeneti
1255 Post Street #1025
San Francisco CA 94109
1`o: Claim o f _ JON
.I_MALTEIiS
P1,•asr 'Fake Notice •1s follows :
The claim you presented against the County of Contra Cosa or District
cloverned by the Board of Supervisors fails to comply substantially
with the regui.rr.mcnts of California Government Code Section 910 and
910 . 2, or is otherwise 6isufficent for the reasons checked below:
1 . The claim fails to state the name and post office address
of the claimaint .
2 . The claim fails to state the post office address to which
the person presenting the claim desires notices to 1,e sent .
X 3 . The claim fails to state the1dxftN*"?P;Fx>9rx>o:tbii•x circum-
stances of the occurrence or transaction which gave rise to
the claim asserted .
4 . The claim fails to state the name (s) of the public employees
causing the injury, damage, or loss, if known.
i. The claim fails to state the amount claimed as of the date
of present.ation, the estimated amount of any ;prospective
injury, damage, or loss so far as known , or the basis of
computation of the amount claimed.
6 . The claim is not signed by the claimant or by some person
on his behalf.
X 7 . Other : The claim fails to state the manner in which
�thc' allea( occurred _ —__--•
VIMR J. ttiTSTI`SAN, County Counsel
By: epi
Uut County ounsel
CERTIFICATE OF SERVICE BY MAIL
(C.C. P. 551012 , 1013a, 2015. 5; Evid.C. §§641 , 664)
My business address is the County Counsel ' s Office of Contra Costa
County, Co.Admin-Bldg. , P.O. Box 69, Martinez, California 94553, and
I am a citizen of the United . S'I-ates, over 18 years of age, employed
in Contra Costa County, and not a party to this action. I served a
true copy of this Notice of Insufficiency and/or Non-Acceptance of
Claim by placing it in an envelope (s) addressed as shown above (which
is/.are place (s) having delivery service by U.S. !-la-; 1) , which envelope (5
was then sealod and postage fully pre; aid thereon, and thereafter was,
on this day dep,)>;ited in the U.S. Mail, at Martinez/Conoord, Contra
Cc!;ta County, California .
I certify under penalty of perjury that the foregoing is true and
correct.
Dated :_ July 27, 1987 at Martinez , California .
c.c: Clerk of the Board of Supervisor (original)
Risk Management
(NOTICI OP T14'; -FICTENCY OF CLAIM: GOVT. C. §5410, 910. 2 , 910. 4 , 910. 8)
1 TO: CONTRA COSTA COUNTY BOARD OF_S[ipE.13k.I.S_ORS
--651 Pine Street, Room 106
2 Martinez, California 94553
3 _ JONI WALTERS hereby makes the following against ,
4 THE CONTRA COSTA COUNTY HEALTH SERVICES :
5
6 1. Claimant's post office address is 755 Gossage
7 Avenue, Petaluma, California 94952.
8 2. Notices concerning the claims should be sent to
9 Carpeneti & Carpeneti, 1255 Post Street, Suite 1025, San
10 Francisco, California 94109.
11 3. The date and the place of the occurrences giving
12 rise to this claim are April 8, 1987 at Contra Costa County
13 Health Services 2500 Alhambra Avenue, Martinez 94553.
14 4. The circumstances giving rise to this claim are
15 as follows: Claimant's minor child was negligently rendered
16 medical attention at Contra Costa Health Services. Claimant
17 had been responsible for medical bills and other expenses as
18 mentioned below.
19 5: The names of the public employees causing the
20 injuries are unknown at this time.
21 6. The amount of the claim to date is as follou-s:
22 Medical expenses: $33,710.39
Future Medical Expenses: Unknown
23 Other Special Damages: Unknown
General Damages: Unknown
24
25 DATED: CARPENETI & CARPENETI
26
By
ttorneys for laiman
PENETI CARPENETI
SUITE 1025
255 POST STREET
J FRANCISCO 94109
\ 10151 101.9000
t.w
e '
1 PROOF OF SERVILE
2
3 I am over the age of 18 and not a party to this cause.
4 I am employed in the county where the mailing occurred. My
5 business address is: Carpeneti & Carpeneti, 1255 Post Street,
6 Suite 1025, San Francisco, CA 94109.
7 I served the attached CLAIM AGAINST THE CONTRA COSTA
8 COUNTY HEALTH SERVICES by enclosing true copies in a sealed
9 envelope addressed to each person whose name and address is given
10 below and depositing the envelope in the United States mail with
11 the postage fully prepaid on July 14 , 1987 at San Francisco,
12 California.
13 NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED
14 Contra Costa County Board of Supervisors
651 Pine Street, Room 106
15 Martinez, CA 94553
16 I declare under penalty of perjury under the laws of the
17 State of California that the foregoing is true and correct.
lg Dated: July 14, 1987
19 Gina ' lson
20
21
22
23
24
25
26
PENETI i CARPENETI
SUITE 1025
?55 POST STREET
4 FRANCISCO 94109.
1415)i41•5000
RECEIVED
JUL �198�
1 TO: CONTRA COSTA COUNTY BOARD OF SUPERVISORS
651 Pine Street, Room 106 ► s OR
2 Martinez , California 94553 s R
3 JONI WALTERS hereby makes the following Claim agains
4 THE CONTRA COSTA COUNTY HEALTH SERVICES :
5
6 1 . Claimant' s post office address is 755 Gossage
7 Avenue , Petaluma, California 94952 .
8 2 . Notices concerning the claims should be sent to
9 Carpeneti & Carpeneti , 1255 Post Street, Suite 1025, San
10 Francisco, California 94109.
11 3 . The date and the place of the occurrences giving
12 rise to this claim are April 8 , 1987 at Contra Costa County
13 Health Services 2500 Alhambra Avenue, Martinez 94553.
14 4. The circumstances giving rise to this claim are
15 as follows: Claimant' s minor child was negligently rendered
16 medical attention at Contra Costa Health Services . Claimant
17 had been responsible for medical bills and other expenses as
18 mentioned below.
19 5 . The names of the public employees causing the
20 injuries are unknown at this time.
21 6 . The amount of the claim to date is as follows:
22 Medical expenses: $33 ,710 .39
Future Medical Expenses: Unknown
23 Other Special Damages: Unknown
General Damages: Unknown
24
25 DATED : A '7 CARPENETI & CARPENETI
26Z;
By
Attorneys for Claimant
IPENETI 8 CARPENETI
SUITE 1025
1255 Pp ST STREET
,N FRANCISCO 9,1",
(415)441,8000
1 PROOF OF SERVICE
2
3 I am over the age of 18 and not a party to this cause.
4 I am employed in the county where the mailing occurred. My
5 business address is: Carpeneti & Carpeneti, 1255 Post Street ,
6 Suite 1025, San Francisco, CA 94109.
7 I served the attached CLAIM AGAINST THE CONTRA COSTA
8 COUNTY HEALTH SERVICES by enclosing true copies in a sealed
9 envelope addressed to each person whose name and address is given
10 below and depositing the envelope in the United States mail with
11 the postage fully prepaid on July 16 , 1987 at San Francisco,
12 California.
13 NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED
14 Contra Costa County Board of Supervisors
651 Pine Street, Room 106
15 Martinez, CA 94553
16 I declare under penalty of perjury under- the laws of the
17 State of California that the foregoing is true and correct.
18 Dated: July 16 , 1987 ;_�: � ! C� : • -/
19 Gtda Wilson
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.RPENETI 8 CARPENETI
SUITE 1025
1255 POST STREET
AN FRANCISCO 94109
14151 441-8000
/ ID
County Counsel
APPLICATION TO FILE LATE CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA J U L�UiACTION
Marti negugA04fg,,, 1987
Application to File Late Claim ) NOTICE TO APPLICANT
Against the County, Routing ) The copy of this document mailed to you is your
Endorsements, and Board Action.) notice of the action taken on your application by
(All Section References are to ) the Board of Supervisors (Paragraph III, below),
California Government Code.) ) given pursuant to Government Code Sections 911.8 and
915.4. Please note the "WARNING" below.
Claimant: JERRY BROOKS
c/o Richard Bridgman, Esq.
Attorney: 3 Embarcadero Center #1685
San Francisco, CA 94111
Address:
Amount: $200, 000. 00 By delivery to Clerk on July 23 , 1987
Date Received: July 23 , 1987 By mail, postmarked on July 22 , 1987
I. FROM: Clerk of the Board of Supervisors T0: County Counsel
Attached is a copy of the above noted Application t File Late Claim.
DATED: July 23 , 1987 PHIL BATCHELOR, Clerk, By - � Deputy
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) The Board should grant this Application to File Late Claim (Section 911.6).
(} The Board should deny this Application to File Late Claim (Section 911.6).
DATED: VICTOR WESTMAN, County Counsel, By . puty
III. vBOARD ORDER By unanimous vote of Supervisors present
(Check one only)
( ) This Application is granted (Section 911.6).
Q?� This Application to File Late Claim is denied (Section 911.6).
I certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date.
AUG 18 1987
DATE: PHIL BATCHELOR, Clerk, By - -eL, Deputy
WARNING (Gov. Code 5911.8)
If you Wish to file a court action on this matter, you must first petition the
appropriate court for an order relieving you from the provisions of Government Code
Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such
petition must be filed With the court Within six (6) months from the date your application
for leave to present a late claim Was denied.
• You may seek the advise of any attorney of your choice in connection With this
matter. If you Want to consult an attorney, u should do so immediately.
V. FROM: Clerk of the Board T0: 1 County Counsel 2 County A 'nis rator
Attached are copies of the above Application. We notifed the applicant of the
Board's action on this Application by mailing a copy of this document, and a memo thereof.
has ben filed and endorsed on the Board's copy of this Claim in accordance with Section
29703.
DATED: QUG 2 0 1987 PHIL BATCHELOR, Clerk, By Deputy
V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board
of Supervisors
Received copies of this Application and Board Order.
DATED: County Counsel, By
County Administrator, By
APPLICATION TO FILE LATE CLAIM
I HADFIELD, JORGENSEN & BRIDGMAN
An Association of Lawyers
2 Three Embarcadero Center, Suite
San Francisco, CA 94111
3 (415) 956-6090
4 Attorneys for Claimant
5 RECEIVED
s Jug;V �98�
7
8
9
10 JERRY BROOKS,
11 Claimant,
12 v.
13 COUNTY OF CONTRA COSTA. APPLICATION FOR PERMISSION
/ TO FILE LATE CLAIM
14
15 1. Application is hereby made for leave to present a late claim
16 founded on a cause of action for legal malpractice which accured on
17 April 17, 1987 and for which claimant presented a claim within the 100-day
18 period specified by California Government Code 6911.2. For additional
19 circumstances relating to the cause of action, reference is made to the
20 proposed claimattached to this application and marked Exhibit
21 2. The said claim was timely presented on March 6, 1987, within
22 the 100-day period specified in California Government Code §911.2 and 6901
23 based upon the date of discovery of the within cause of action and the
24 doctrine of postponed accurel applicable thereto. A copy of said claim
25 and proof of service thereto is attached and marked Exhibit "B", the same
26 being incorporated herein by reference.
27 3. The reason for this Application is that claimant's claim was
28 returned by the Clerk of Contra Costa County with a Notice to claimant of
1.
I Late-Filed Claim attached thereto pursuant to California Government Code
2
4911.3 on April 3, 1987, a copy of is attached and marked Exhibit "C",
3 the same being incorporated herein by reference. Although the County is
4 clearly erroneous in rejecting the claim, claimant files this application
5 out of an abundance of caution.
6 4. This application is being presented within one year from the
7 accrual of this cause of action and Contra Costa County is not prejudiced by
8 this failure in presentation, but in fact, the said County has had timely
9 notice as required by law.
i0 WHEREFORE, it is respectfully requested that this application be
11 granted and that the attached proposed claim (Exhibit "A") be received and
12 acted on in accordance with California Government Code H912.4, 912.8.
13 DATED: July , 1987.
14 HADFIELD, JORGENS IDGMAN
15 An Associatio hof awye s
16 By: ,.
17I HARD D. GM
DAN
Attorney for Claimant
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2.
ivnvj-jj%.irnL, L.vum I Ur %.uN 1 KA GUS I A L.UUNTY — BAY JUDICIAL D15 1 KIL
(PaU uanx to Go ve Umen t Code$ 9101, et a eq.)
CLAIMANT: JERRY BROOKS
Name J.ERRY BROOKS Tei .c/o 956-6090
Address c16' RICHARD BRIDGMAN, Esq. J-. Embarcadero Center, Suite 1685, San .Francis(
PERSON TO WHOM ANY NOTICES CONCERNING CLAIM SHOULD BE SENT:
Name RICHARD BRIDGMAN, Esq-. Tel . 956-6090
Address 3 Embarcadero Center, Suite 4:685, San Francisco, CA, 94111
Approximately
WHEN DID DAMAGE/INJURY OCCUR? Date July to Nov. 1986 ' Time a.m. p.rr
LOCATION OF OCCURRENCE: a prroximate y 11-26-87, because with
further)omissions by county
ork Furlough Jail, San Pablo employees)
CIRCUMSTANCES OF OCCURRENCE:
Claimant unlawfully and wrongfully incarcerated in excess of his lawful and proper sentence
DESCRIPTION OF LOSS, DAMAGE OR INJURY:
Physical harm, mental and emotional distress, financial loss
NAME(S) OF = EMPLOYEE(S) CAUSING LOSS, DAMAGE OR INJURY, IF KNOWN:
Unknown
AMOUNT CLAIMED, INCLUDING ESTIMATED AMOUNT OF ANY FUTURE LOSS: $ 200,000.00
NAMES AND ADDRESSES OF ANY WITNESSES, DOCTORS AND/OR HOSPITALS:
DATE March 6, 1987
Signature of claimant or person acting on his behalf
RICHARD BRIDGMAN
CLAIM MUST BE SIGNED BY CLAIAIANT OR PERSON ACTING ON CLAIMANT'S BEHALF
MIBIT A,I
I VI' %.viv 1 RH t-va 1 r% %�VUIN 1 Y - bAY JUUIUJAL LJIJ I .'
w, (Puha uan t .to Go ve)ument Code 5 910, et A eq.)
CLAIMANT: JERRY BROOKS
Name JERRY BROOKS Tel .c/ti 956-6090
Address c/o--RICHARD BRIDGMAN, Esq. 3.16barcadero Center, Suite 1685, San Francis
PERSON TO WHOM ANY NOTICES CONCERNING CLAIM SHOULD BE SENT:
Name RICHARD BRIDGMAN, Esq. Tel . 956-6090
Address 3 Embarcadero Center, Suite 1685, San Francisco, CA, 94111
Approximately
WHEN DID DAMAGE/INJURY OCCUR? Date July to Nov. 1986 - Time a.m. p.r
LOCATION OF OCCURRENCE: (rp ox mately 11-26-87, becauselof further)omissions by county
ork Furlough Jail, San Pablo employees)
CIRCUMSTANCES OF OCCURRENCE:
Claimant unlawfully and wrongfully incarcerated in excess of his lawful and proper sentence
DESCRIPTION OF LOSS, DAMAGE OR INJURY:
Physical harm, mental and emotional distress, financial loss -
NAME(S) OF = EMPLOYEE(S) CAUSING LOSS, DAMAGE OR INJURY, IF KNOWN:
Unknown
AMOUNT CLAIMED, INCLUDING ESTIMATED AMOUNT OF ANY FUTURE LOSS: $ 200,000.00
NAMES AND ADDRESSES OF ANY WITNESSES, DOCTORS AND/OR HOSPITALS:
DATE March 6, 1987 '
Signature of claimant or person acting on his behal'.
RICHARD BRIDGMAN
CLAIM MUST BE SIGNED By CLATMANT OR PERSON ACTING ON CLAIMANT'S BEHALF
r EXHIBIT B
r
PROOF OF SERVICE.
I served the attached Claim against the County of Contra Costa
and the Municipal Court of Contra Costa �C-pppty, Bay Judicial District, as
follows: y ...r
1 . By personally delivering the original to the Deputy County
Clerk in the Richmond Branch office of the County Clerk's Office, 100 - 37th
Street,- Richmond, California, at or about 4:00 p.m. on March 6, 1987 (see
upper left corner of attached copy).
2. By placing a copy marked "Duplicate Original" in an envelope
addressed to: "Clerk-Administrator, Bay Municipal Court" and personally
delivering said envelope to Deputy Clerk Susan Hoffman who was working in
Department 4 of said Court at 100 - 37th Street, Richmond, California, at or
about 4:43 p.m. on March 6, 1987. Said Department 4 was still open whereas
the downstairs office of the Clerk-Administrator was locked. Deputy Clerk
Hoffman indicated to me that she would deliver the envelope when she went
downstairs after closing Department 4.
At the time of the above service, I was at least 18 years of age
and not a party to this Claim.
I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Date: March 1987
MARCUS R. PEPPAR
e Board of Supervisors COtrd
h P
Cow"
aunty AdminiatroW
tion Building Va m
�. Box 911
I,1,Mz, Cgtifomia 94553 COAY
. ,was,tat Dw"'
+c!C IFOOM VW Dealt,
nM VeyNt dtl4ss.d"DMtnCt
TG: Jerry Brooks
c/o Richard Bridgman, Esq.
3 Embarcadero Center, #1685
San Francisco, CA 94111
NMCE TO CLXDPtTI'
PT Late-Y,1�m)
(Gmmrn mt Code Section .3)
quadrupiet
�g e claim you presrntedA
Olt* the Board of Supervisors of
Contra OWt.a Oounty, California, as gDnrning body of the
County of Contra Costa
and/or
oistrict,
en March 18 & 20, 1987 is being retmmad to You herewith
beta se—TLvas not p:ew.t.ocin 100 days after the am t or
cocurrenoe as required by law. (See Sections 901 and 911.2 of
the Government Code.) Bacause the claim was not presented
within the time allowed by law, no action was taken on the
claim.
Tour only recourse at this time is to apply without S=lay
to the Board of Supervisors (in its capacity noted above) for
leave to present a late claim. (See Sections 911.6 to 912.2,
inclusive, and Section 946.6 of the Government Cade.) Uder
some circumstanoes, leave to present a late claim will be
granted. (See Section 911.6 of the Ommrrment Cade.)
You may seek the advice of an attorney of your choice in
connection with this matter. If ym desire to consult an attor-
ney, you shoctld do so immediately.
20 N PMM IN BY WE CEM Cr' TO DOM OW IF APPLTCME:
( ) Bine a portion of yota claim is not untimely, we are
retaining a copy of your claim for Board action an that portion
of Yea c'Iaim which is not untimely.
Phil Batchelor,Ciek of the Boatd of
&*rjisw%rd CCou ft Administrator
(✓ r (
By: e'�<
Mputy Clerk
Date: April 3,. 1987
EXHIBIT C
`-=
PROOF OF SERVICE BY MAIL — CCP 1013a, 2015.5
I declare that: I am OCULdIQD(M/employed in) the county of....................San..Francisca.............................,California.
(COUNTY WHERE MAILING OCCURRED) -
I am over the age.of eighteen years and not a party to the within entitled cause;my (business XMIDIDES4 address is:
............................Thraa...Embarcade•ro•••Center.,...Suite...1685.,...Sau..Franc1s co......CA......9:4111..................................
On Jul • .. 1.9$7............................... I served the attached...Application For Permission To
(DATE)
File Late Claim on interested parties
.........--............. .............................................................................. ........................................................................... ..
in said cause, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the
San Francisco, California addressed as follows:
United States mail at....................................................................................................
Clerk Of The Board Of
Supervisors
Contra Costa County
Administration Building
Martinez, CA 94553
I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on
July o)l , 1987 San Francisco
....................... ........................................................................at..........................................................................................................California.
(DATE) (PLACE)
......CarolG. Bettencourt........................................ r� �-� � &'tt'AZZU rt.
(TYPE OR PRINT NAME) SIGNATURE
ATTORNEYS PRINTING SUPPLY FORM NO.11
REV.JANUARY 1973
r
CLAIM AGAINST THE COUNTY OF CONTRA COSTA
1, Claimant's Name `'iYJ Telephone
2. Claimant"s Address
3. Address where Notices are to be Sent � �7/ /rte �/ � . A4/ t!i�A
4. Annunt of Chun $& Date of Accident -
7-
5. Place of Accident (or event) /�' c � / � �f�),0
r
6. Haw did accident or event occur ,d/
x)
7. Inscribe Injury or damage ' � 1
r ,
8. Nave of public EWloyee(s) Causing Injury or IEumge, if Itnou,
r
9. LTSI' O 6ES OR MM IDMS OF YOUR C[AIM:
- s
SICNA OF CLAIMANT RECEIVED
Ju 199
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