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HomeMy WebLinkAboutMINUTES - 08251987 - 1.15 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA t Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT August 25 , 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 of nings" MICHELLE SHAW, BY AND THROUGH THE GUARDIAN AD LITEM, MIC���I�Q4� CLAIMANT: AND MICHAEL SHAYS Gunnel c/o Michael C. Scranton AIS ATTORNEY: A Professional Corporation �' (� i98I A4e1rt� 1200 Concord, CA 94520 Date received �lez ADDRESS: BY DELIVERY TO CLERK ON July 24, 1987 ' Cq 94553 BY MAIL POSTMARKED: Ju1V 23 , 1987 Certified P 501 901 537 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. August 3, 1987 PPHHIL BATCHELOR, Clerk DATED: BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. (X This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: /(�� BY: Deputy County Counsel i III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (X) This Claim is rejected in full. (� �) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. AUG 2 5 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 26 1987 Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator t . MICHAEL C . SCRANTON :CE 2A Professional Corporation IVED1200 Concord Ave . , Suite 2603 Concord , CA 94520( 41.5 ) 682-7777 4* 867 4 Attorney for Claimant. �► 5 MICHELLE SHAW � 6 7 8 CLAIM AGAINST PUBLIC ENTITY 9 10 11 In the Matter of the Claim of } MICHELLE SHAW , by and through the } 12 Guardian ad Lit.em , MICHAEL SHAW , } and MICHAFL SHAW, } Claimants 3 CLAIM FOR DAMAGES 13 ) (Govt. . Code Section 910 , 14 � s . ) et seq. ) } 15 CONTRA COSTA BOARD OF SUPERVISORS , ) and. MER.RITHEW MEMORIAL HOSPITAL, ) 16 Respondents �t 17 18 1 . I , MARK E . SCRANTON., the undersigned , present this claim 19 for damages as a person acting on behalf of the claimant . 20 2 . I desire notice relative to this matter to be sent to m-, 21 following business address : 1200 Concord Avenue , Concord, 22 California 94520 . 23 3 . The name and address of claimant are : MTCHELLE SHAW and 24 MICHAEL SHAW, 1967 Bonifaci.o Street, Apt. #8 , Concord, 25 California . 26 4 . The da.te and place of the occurrence that gage rise to 27 this claim are as follows : April 25 , 1.987 at MERRITHEW MEMORIAL: 28 HOSPT.TAL . .4- 1 5 . The circumstances of the occurrence which gave rise to 2 the claim are : MICHELLE SHAW is a child born to CHERYL SHIELDS 3 on April. 25 , 1987 . CHERYL SHIELDS prior to delivery went into 4 pulmonary and cardiac arrest . Liability issue to bet determined 5 is d.egr. ee/qua.lity of medical care rendered to CHERYL SHIELDS and 6 MICHELLE. SHAW . 7 6 . A general description of the claimant ' s injuries , 8 damages , and losses incurred so far as is now known are as 9 follows : Extent of injury to MICHELLE SHAW undetermined at this 10 time . MICHAEL SHAW ' s damages are for and will be for medical 11 expenses incurred . 12 'r . If known , the name ( s ) of the public emp-loyee ( s ) causing 13 said injuries , damages , and losses is/are : Attending OBGIN 14 believed to be RONALD BURT , M. D. 15 S . The amount claimed as of the date of presentation of 16 this claim consists of general. damages and special damages 17 relative to claimant ' s injuries and property damage and loss of 18 use of same in amounts unknown at this time but. in the aggregate 19 not less than $100 , 000 . 00 and exceeding the jurisdiction of the 20 Municipal. Court of the State of California . Claimant reserves 21 the right to insert said amounts whene are scertained. 22 /) DATED: July 23 , 1987 �I 1 23 24 Signature of Claimant or Person Acting on Behalf of Claimant 25 MARK E . SCRANTON, ESQ. 26 27 28 1 MICHAEL, C. SCRANTON 2 A Professional Corporation 1200 Concord Ave . , Suite 260 3 Concord , CA 940-20 ( 415 ) 682-7777 4 Attorney for Claimant 5 MICHELLE SHAW 6 I 7 CLAIM AGAINST PUBLIC ENTITY 8 9 In the matter of the Claim of ) MICHELLE SHAM', by and through the 1 DECLARATION OF SERVICE Guardian ad Litem, MICHAEL SHAW j OF PAPERS BY MAIL 10 and MICHAEL SHAW , ) 11 Claimant ) VS . ) 12 CONTRA COSTA BOARD OF Sl;F-'F..RVISOR.S , ) MERR.I`T'HE�;' MEMORIAL HOSPITAL, } 13 Respondents ) 14 15 1 , VEE CACAYOR.IN, declare that : 16 I am, and was at the time of service hereinafter mentioned, 17 at. least 18 years of age and not a party to the above-entitled 18 action . My business address is 1200 Concord Ave . , Suite 260 , 19 Concord, California ; I am a citizen of the United States and 20 employed in Contra. Costa County, California. 21 1 served the foregoing CLAIM FOR DAMAGES on CONTRA COSTA 22 BOARD OF SUPERVISORS and MERRITHEW MEMORIAL. HOSPITAL by 23 depositing two copies thereof in the United States mail in 24 Concord , California., enclosed in a sealed envelope with postage 25 fully prepaid , addressed to : CLERK OF THE BOARD OF SUPERVISORS , 26 CONTRA COSTA COUNTY, 651, Pine Street , Room 106 , Martinez , CA 27 94553 who are the defendants and representatives in the above 28 matter . • 1 • 1. 4 1 I declare under penalty- of perjurer that the foregoing is 2 true and correct , and that this declaration was executed on July 3 23 , 1987 in Contra Costa County, California. 4 VEE CA CA 'Ih 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT August 25 , 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". CLAIMANT: MICHAEL SHAW County Counsel c/o Michael C. Scranton ATTORNEY: A Professional Corporation AUG Q �" 1981 Concord, A94520July 24 Concord ��260 Date received 98�neZ' CA 94653 ADDRESS: , BY DELIVERY TO CLERK ON BY MAIL POSTMARKED: July 23 , 1987 Certified P501 901 537 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BBATCHELOR, ClerkW,16ZL'11 DATED: August 3 , 1987 BY: peputy 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: 61-2 8Y: /� ',lLf� " f Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present X) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: AUG 2 5 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 6 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator F 1 MICHAEL C . SCRANTON 2 A Professional Corporation 1200 Concord Ave . , Suite 260 RECEIVEJ- 7 Concord, CA 94520 1 Y 3 ( 415 ) 682-7777 4 Attorney for Claimant JU � 1987 MICHAEL SHAW 6 8 9 CLAIM AGAINST PUBLIC ENTITY 10 11 12 In the Matter of the Claim of ) MICHAEL SHAW 13 Claimant ) CLAIM FOR DAMAGES ( Govt. Code Section 910, 14 v s . ) et seq.) 15 CONTRA COSTA BOARD OF SUPERVISORS , ) and. MERRITHEW MEMORIAL HOSPITAL, ) 16 Respondents ) 17 18 1 . I , MARK E . SCRANTON the undersigned , present this claim 19 for damages as a person acting on behalf of the claimant . 20 2 . I desire notice relative to this matter to be sent to my 21 following business address : 1200 Concord Avenue , Concord , 22 California 94520 . 23 3 . The name and address of claimant. are : MICHAEL SHAW , 1967 24 Bonifacio Street, Apt. #8 , Concord , California . 25 4 . The date and place of the occurrence that gave rise to 26 this claim are as follows : April 25 , 1.987 at MERRITHEW MEMORIAL 27 HOSPITAL. 28 !�� ti 1 5 . The circumstances of the occurrence which gave rise to 2 the claim are : MICHAEL SHAW, common-lata husband of CHERYL 3 SHEILDS and father of MICHELLE SHAW . CHERYL SHEILDS was 4 delivering MICHELLE SHAW at MERRITHEW MEMORIAL HOSPITAL on 5 April. 25 , 1987 , when she went into pulmonary and cardiac arrest . 6 Liability issue to be determined is degree/quality of medical 7 care rendered to CHERYL; SHIELDS and MICHELLE. SHAW. 8 6 . A general description of the claimant ' s injuries , 9 damages , and losses incurred so far as is now known are as 10 follows : Extent of injury to CHERYL SHIELDS and MICHELLE SHAW 11 undetermined at this time . Damages to MICHAEL SHAW are loss of 12 consortium and negligent infliction of emotional distress . 13 7 . If known, the name( s ) of the public employee ( s) causi.n.; 14 said injuries , damages , and. losses is/are : Attending OBGYN 15 believed to be RONALD BURT, M.D. 16 8 . The amount. claimed as of the date of presentation of 17 this claim consists of general damages and special damages 18 reLati.ve to claimant ' s injuries and property damage and loss of 19 use of same in amounts unknown at this time but in the aggregat . 20 not less than $100 , 000 . 00 and exceeding the ,jurisdiction of the 21 22 Municipal Court of the State of California . Claimant reserves the right to insert said amoints when sa e re ascertained. 23 i DATED: July 23 , 1987 24 25 -ignatur. e of Cl- i an or Person Acting on Behalf of Claimant. 26 MARK E . SCRANTON , ESQ. 27 28 y 1 MICHAEL C . SCRANTON 2 A Professional. Corporation 1200 Concord. Ave . , Suite 260 3 Concord , CA 94520 ( 415 ) 682-7717 4 Attorney for Claimant 5 MICHAEL SHAW 6 7 $ CLAIM AGAINST PUBLIC ENTITY 9 10 In the matter of the Claim of ) MICHAEL SHAW , ) DECLARATION OF SERVICE 11 Claimant ) OF PAPERS BY MAIL Vs . ) 12 ) CONTRA COSTA BOARD OF SUPERVISORS , ) 13 MERRITHEW MEMORIAL HOSPITAL , } Respondents ) 14 15 1 , VEE CAC:AYORIN , declare that : 16 I am , and was at the time of service hereinafter mentioned , 17 at least. 18 years of age and not. a parte- to the above-entitled 18 action . My business address is 1200 Concord Ave . , Suite 260 , 19 Concord , California ; I am a citizen of the United States and 20 employed in Contra Costa County, California . 21 I served the foregoing CLAIM FOR. DAMAGES on CONTRA COSTA 22 BOARD OF SUPERVISORS and MERR.ITHEW MEMORIAL, HOSPITAL by 23 depositing two copies thereof in the United States mail in 24 Concord , California., enclosed in a sealed envelope with postage 25 fully prepaid, addressed to : CLERK OF THE BOARD OF SUPERVISORS , 26 CONTRA COSTA COUNTY , 651 Pine Street , Room 106 , Martinez , CA 27 94553 who are the defendants and representatives in the above 28 matter. s 1 2 I declare under penalty of perjury that the foregoing is true and correct , and that, this declaration was executed on July- 3 23 , 1987 in Contra. Costa County-, California . 4 5 1, vEE C_ ,AI'OR 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA `claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Au gu s t 25 , 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 "QqMi�' Counsel CLAIMANT: CHERYL SHIELDS AUG 0 1, 1987 c/o Michael C. Scranton ATTORNEY: A Professional Corporation Martinez, CA 94553 1200 Concord Ave. #260 Date received ADDRESS: Concord, CA 94520 BY DELIVERY TO CLERK ON July 24, 1987 BY MAIL POSTMARKED: July 23 , 1987 Certified P 501 901 537 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. fibIL BATCHELOR, Clerk `��� DATED: August 3 , 1987 : Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. KThis 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: Y `� BY: .,!LLn'L �CwDeputy 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: A U G H 5 1987 PHIL BATCHELOR, Clerk, By u. ?�i 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 6 1987 Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator R 1 • l 1 MICHAEL. C . SCRANTON? 2 A Professional Corporation 1200 Concord. Ave . , Suite 260 jy 3 Concord , CA 94520 � V ( 415 ) 682-7777 4 Attorney for Claimant JuLo� 1907 5 CHERYL. SHIELDS r � 6 7 8 9 CLAIM AGAINST PUBLIC ENTITY 10 11 12 In the Matter of the Claim of ) CHERYL SHIELDS , ) 13 Claimant ) CLAIM FOR. DAMAGES (Govt . Code Section 910 , 14 ` s . ) et seq. ) 15 CONTRA COSTA BOARD OF SUPERVISORS , ? and MERRITHEW MEMORIAL HOSPITAL , ) 16 Respondents ) 17 18 1 . 1 , MARK E . SCRANTON the undersigned , present this claim 19 for damages as a person acting on behalf of the claimant. 20 2 . I desire notice relative to this matter to be sent to my 21 following business address : 1200 Concord Avenue , Concord , 22 California 94520 . 23 :3 • The name and address of claimant are : CHERYL SHIELDS , 24 1967 Boni.facio Street, Apt. f#8 , Concord , California . 25 4 . The date and place of the occurrence that gave rise to 26 this claim are as follows : April 25 , 1987 at MER.RITHEW MEMORIAL 27 HOSPITAL. 28 1 5 . The circumstances of the occurrence which gave rise to 2 the claim are : CHERYL SHIELDS was delivering child MICHELLE 3 SHAW. Claimant went into pulmonary and cardiac arrest and was 4 resuscitated . Liability issue to be determined is degree/quality 5 of medical care rendered to CHERYL SHIELDS and MICHELLE SHAW. 6 F: . ik general description of the claimant ' s injuries , 7 damacles , and losses incurred so far as is now known are a 8 follows : Extent of injury to CHERYL SHIELDS and MICHELLE SHAW 9 undetermined, at this time . 10 7 . If known , the name ( s ) of the public employee( s ) causing 11 said ir.,iuri.es , damages , and losses is/are : Attending OBGYN 12 believed to be FONALD BURT , M. D . 13 8 . The amount. claimed as of the date of presentation of 14 this claim consists of general damages and special damages 15 relative to claimant ' s injuries and property damage and loss of. 16 use of same in amounts unknown at this time but in the aggregate 17 not less than $100 , 000 . 00 and exceeding the Jurisdiction of the 18 `lunicipal Court of the State of California . Claimant reserves 19 the right to insert said amounts when same are ascertained . 20 DATED: July 23 , 1987 21 - • - 22 Signature of C. imant or Person Acting on Behalf of Claimant 23 MARK E . SCRANTON , ESQ. 24 25 26 27 28 1 MICHAEL C . SCRANTON 2 A Professional Corporation 1200 Concord Ave . , Suite 260 3 Concord, CA 94520 ( 415 ) 682-7777 4 Attorney for Claimant 5 CHERYL SHIELDS 6 7 CLAIM AGAINST PUBLIC ENTITY 8 9 In the matter of the Claim of } CHERYL SHIELDS ) DECLAR.ATION OF SERVICE 10 Claimant ) OF PAPERS BY MAIL ) 11 vs . j 12 CONTRA COSTA BOARD OF SUPERVISORS , ) MERRITHEW MEMORIAL HOSPITAL , } 13 Respondents } 14 I , VEE CACAYORIN , declare that : 15 1 am, and was at the time of service hereinafter mentioned , 16 at least 18 years of age and not a party to the above-entitled 17 action . My business address is 1200 Concord Ave . , Suite 260 , 18 Concord , California ; I am a citizen of the United States and 19 employed in Contra Costa County, California . 20 1 served the foregoing CLAIM FOR DAMAGES on CONTRA COSTA 21 BOARD OF SUPERVISORS and MER.RITHEW MEMORIAL HOSPITAL by 22 depositing two copies thereof in the United States mail in 23 24 Concord., California , enclosed in a sealed envelope with postage fully prepaid, addressed to: CLERK OFF THE BOARD OF SUPERVISORS , 25 CONTRA COSTA COU'N'TY , 651 Pine Street , Room 106 , Martinez , CA 26 27 94553 who are the defendants and representatives in the above matter. 28 1 1 declare under penalty- of perjury- that the foregoing is 2 true and correct , and that this declaration was executed on July 3 23 , 1987 in Contra Costa County, California. 4 5 VEE GACA, Iti 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against ;.he County, or District govetiied by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) . NOTICE TO CLAIMANT August 25 , 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: UnsPe.Cified Section 913 and 915.4. Please note all "Warnings". _,vunly Counsel CLAIMANT: JOHN N. CLOSE 5674 Stoneridge Drive #104 AUG o v 1987 ATTORNEY: Pleasanton, CA 94566 Date received Martinez, CA 94553 ADDRESS: BY DELIVERY TO CLERK ON July 27, 1987 BY MAIL POSTMARKED: July 22 , 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. August 3 , 1987 PPHHIL BATCHELOR, Clerk DATED: g 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: �1i11 /j,'� BY: i`� �,� j%I7 �n 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 2 5 1987 PHIL BATCHELOR, Clerk B Deputy Clerk 0 y D p ty C e k 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: Q U G 2 s 19$7 BY: PHIL BATCHELOR by ,5e Deputy Clerk CC: ty un County Administrator 'CLAM T : BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P.O. Box 911, Martinez, CA) C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Reser Clerk' s filing stamps S� �.4.., �vr. ; RECEIVED rA6 V*t6,( JUL 1987 Against the COUNTY OF CONTRA COST ) �C / or DISTRICT) M" o" (Fill in name) ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ T /f and in support of this claim represents as follows : ------------------------------------------------------------------------ d 1. When did the amage or injury occur? (Give exact date and hour) -------=---r------------------------=-------------=-------=-=----=------ 2. Where did the damage or injury occur? (Include city and county) -1795S A p),q Pq 20/70. 0lv0C_:r,9,e /c��.,r ------------------------------------------------------------------------ 3. How did the damage or injury occur? (Give full details , use extra sheets if required) 7lr;e�c �,QT; 7,-J.,-_- /0,9h ,r- A_,,-PLT o,V ,, (9v,/ AOC4e ,iV T/Aif � r_ -- ----------------------------- --- ----- M ' ,�,cF� 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? (over) 5. What are the names of county or district officers, servants-:,Or I employees causing the' damage`ur injury? - -- - - -----------------1-------- - ---------------------------- 6.--Wh-at-damage-------or--injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Gu /u.W'( 4 r 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. --------------------- ---------------------------------- ---------------- 9. - it e'Rp2?i�r s you made on account of this accident or injury. ITEM AMOUNT L k 7'o w,,vc, o dv�C . 7S N v1m:w'.i Govt. C de Sec. 910. 2 provides : "T e c am signed y the claimant SEND NOTICES TO: (Attorney) o b so e e o n his behalf. " Name and Address of Attorney 4 Claimant' s Signature Address fes- Cc.. ,S Telephone No. Telephone No. f!l/S) 3- �, zo--o , NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill , account, voucher, or writing, is guilty of a felony. " • CLAIM • BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Au gu s t 25 , 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: BOYD M. OLNEY, JR. ET AL County Counsel c/o Ramos , Herlihy, Broadbeck, Hepler and Cockle ATTORNEY: 475 Sansome Street, #1800 AUG 0 V 1987 San Francisco, CA 94111 Date received nez, CA 94553 ADDRESS: BY DELIVERY TO CLERK ON July 27 , BY MAIL POSTMARKED: July 24, 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. August 3 , 1987 PpHHIL BATCHELOR, Clerk DATED: g BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (<This claim complies substantially with Sections 910 and 910.2. ( )\This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �� L� ia BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present () This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. AUG 2 5 1987 Dated: PHIL BATCHELOR, Clerk, By �L�C_� 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 6 1987 Dated: BY: PHIL BATCHELOR by —�-C_. Deputy Clerk CC: County Counsel County Administrator 0.714 1 RAMOS, HERLIHY, BROADBECK HEPLER & COCKLE 2 Attorneys at Law 475 Sansome Street, Suite 1800 3 San Francisco, California 94111 Telephone: (415) 773-6400 4 Attorneys for Claimant, DOYD M. OLNEY, JR. 5 dba PLEASANT HILL DISPOSAL and dba CONTRA COSTA SWEEPER SERVICE 6 7 8 BEFORE THE BOARD OF SUPERVISORS OF THE 9 COUNTY OF CONTRA COSTA 10 11 In the matter of ) CLAIM FOR INDEM14ITY 12 BOYD M. OLNEY, JR. , dba ) PLEASANT HILL DISPOSAL and dba ) 13 CONTRA COSTA SWEEPER SERVICE ) 14 Claimant, 15 vs- 16 s.16 THE COUNTY OF CONTRA COSTA, 17 Respondent. ox 18 19 20 The claimant, BOYD M. OLNEY, JR. , dba PLEASANT HILL BAYSHORE 21 DISPOSAL and dba CONTRA COSTA SWEEPER SERVICE, hereby makes claim 22 against the COUNTY OF CONTRA COSTA on its support about claim represents 23 as follows: 24 1. On June 5, 1987, the claimant was served with Summons and Complaint 25 about plaintiff in the case of JOHN HILDEBRAND, et al. vs. COUNTY OF 26 CONTRA COSTA, et al. , Contra Costa Superior Court Number 301701. A copy 27 of the complaint is attached as Exhibit A. Claimant denies the allegations made 28 against him in that complaint. -1- 5X504 (4/84) 1 2. The accident on which the complaint is based occurred in Contra Costa 2 County on Bear Creek Road at approximately mile post marker 1.40. A copy of 3 the California Highway Patrol Traffic Collision Report which describes the acci- 4 dent is attached as Exhibit B. 5 3. Although the claimant denies the allegations made against him in the 6 complaint, the claimant seeks comparative indemnity from the COUNTY OF 7 CONTRA COSTA should liability be imposed on the claimant. 8 4. The attached Exhibits A and B fully describe how the damages and 9 injuries in which this claim is based occurred. 10 5. The claimant seeks comparative indemnity from the COUNTY OF 11 CONTRA COSTA based on the possible dangerous condition of the highway at 12 the location of plaintiff's accident and on the County's failure to warn of that 13 condition. The highway may have been dangerous because, among other things, 14 the curve in which the accident occurred lacked a guardrail, was improperly 15 marked, was improperly banked, had too narrow a radius, had gravel on it and 16 its approaches, lacked a sufficient off-roadway recovery area, and had an 17 off-roadway recovery area obstructed by curbs or other objects. The claimant 18 reserves the right to make additional allegations with respect to the accident site 19 should additional information become available to him. 20 6. The names of the County officers, servants or employee causing the 21 damage complained of are unknown at present. 22 7. The names and addresses of the witnesses to this accident are set out 23 in the attached Exhibit B. The names and addresses of doctors and hospitals 24 are not yet available to the claimant. 25 8. The claimant's address is: 441 North Buchanan Circle, Pacheco, 26 California 94553. Telephone: (415)685-4711. The mailing address: Post Office 27 Box 23164, Pleasant Hill California 94523. 28 -2- 5X504 (4/84) 1 The address to which claimant desires notices to be sent is: 2 RAMOS, HERLIHY, BROADBECK, HEPLER AND COCKLE 475 Sansome Street, Suite 1800 3 San Francisco, California 94111 4 DATED: July 1987 RAMOS, HERLIHY, BROADBECK, HEPLER & COCKLE 5 6 7 KA HMIDT, ttorney for Defendant, BOYD M. OLNEY, JR. 8 dba PLEASANT HILL DISPOSAL and dba CONTRA COSTA SWEEPER SERVICE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- 5X504 (4/84) ROBERT P. BRORBY j DODGE, REYES, BRORBY, RANDALL, MITGANG &TITMUS 2 Attorneys at Law 1407 Oakland Boulevard, Suite 100 3 Walnut Creek, CA 945% 4 Telephone: (415) 935-8810 J U td 1987 5 Attorneys for Plaintiff J.R. OLSSON, County C!erk CONTRA COc TA C0UP4T Y 6 e� K.GRAY, Deputy 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 JOHN HILDEBRAND, BARBARA ss IILDEBRAND and JOHN HILDEBRAND, 11 N0. 301701 z 12 Plaintiffs � � .. 13 v. y J ` • oil 14 COUNTY OF CONTRA COSTA, BOYD M. COMPLAINT � ; OLNEY, JR. , doing business as '+ 15 PLEASANT HILL BAYSHORE DISPOSAL, BOYD M. OLNEY, JR. doing business 16 as CONTRA COSTA SWEEPER SERVICE , DOES ONE through FIFTY, and 17 each of them, 18 Defendants. 19 ' FIRST CAUSE OF ACTION 20 (Wrongful Death ) 21 JOHN HILDEBRAND and BARBARA HILDEBRAND, and each of them, 22 allege a cause of action against the COUNTY OF CONTRA COSTA, BOYD 23 M. OLNEY, JR. doing business as PLEASANT HILL BAYSHORE DISPOSAL, 24 BOYD M. OLNEY, JR. , doing business as CONTRA COSTA SWEEPER 25 SERVICE, DOES ONE through FIFTY, and each of them. , • 26 1. Plaintiffs JOHN HILDEBRAND and -8ARBARA HILDEBRAND, are -1- 1 the father and mother, respectively, of ELIZABETH HILDEBRAND, 2 deceased, hereinafter referred to as Decedent, and are the sole 3 surviving heirs of law of decedent. These plaintiffs are 4 hereinafter jointly referred to as Plaintiff Parents. 5 2. Defendant COUNTY OF CONTRA COSTA, hereinafter referred 6 to as COUNTY is, and at all times herein mentioned was, a county 7 duly organized and existing under the laws of the State of 8 California. 9 3. At all times herein mentioned defendants Does One 10 through Ten, and each of them, were employees of defendant county 11 and in doing the acts hereinafter described were acting in the gi 12 course and scope of said employment. o ; 13 4. At all times herein mentioned defendant BOYD M. OLNEY, > = 14 JR. was doing business under the fictitious name of PLEASANT HILL 15 BAYSHORE DISPOSAL, hereinafter referred to as BAYSHORE DISPOSAL, a 16 and under the name of CONTRA COSTA SWEEPER SERVICE, hereinafter W 17 referred to as SWEEPER SERVICE and in each of said capacities was 18 the agent of defendant county and was acting in the course and 19 scope of said agency. 20 5. At all times herein mentioned Does Eleven through 21 Twenty, and each of them, were employees of Defendant BAYSHORE 22 DISPOSAL and/or defendant SWEEPER SERVICE and in doing the acts 23 hereinafter described were acting within the course and scope of 24 said employment. 25 6. Plaintiff Parents are ignorant of the true names of 26 defendants sued herein as Does One through Ten, inclusive, and -2- 1 the names and capacities of Does Eleven through Fifty, inclusive, 2 and therefore sue these defendants by such fictitous names. 3 Plaintiffs will amend this complaint to allege their true names 4 and capacities when ascertained. Plaintiffs are informed and 5 believe and thereon allege tthat each of said fictitiously named. 6 defendants is responsible in some manner for the occurrences 7 herein alleged, and that plaintiffs ' injuries as herein alleged g were proximately caused by their acts. 9 7. On or about August 17, 1986 and prior thereto defendant 10 COUNTY owned, maintained and controlled Bear Creek Road in the r r 11 County of Contra Costa . gs 12 8. Plaintiff Parents are informed and believe and thereupon i � s 13 allege that during the month of August 1986 and prior to August o yi1 f Y 14 17, 1986 , defendants COUNTY, BAYSHORE DISPOSAL, SWEEPER SERVICE , 15 Does One through Twenty, and each of them, negligently and N 16 carelessly placed loose gravel covering the width of the road 17 surface of Bear Creek Road for at least 1, 000 feet north and 18 south of a point approximately 1563 feet south of county mile 19 post 1. 40, and that said defendants and each of them, negligently 20 failed to compact or remove said loose gravel from the center 21 portion of said road surface which negligence caused a dangerous 22 condition that created a substantial risk of the type of injury 23 hereinafter alleged when the property was used with due care in a 24 mSaa�. which it was reasonably believed foreseeable that it 25 would be used. 26 9. Defendants, COUNTY, BAYSHORE DISPOSAL, SWEEPER SERVICE , -3- 1 Does One through Twenty, and each of them, had actual knowledge 2 of the existence of the condition and knew or should have known 3 of its dangerous character a sufficient time prior to August 17, 4 1986, to have taken measures to protect against the dangerous 5 condition. Said defendants, and each of them had the authority , 6 and it was the responsibility of said defendants to take adequate 7 measures to protect against the dangerous condition at the 8 expense of the public entity and that funds or other means were 9 immediately available to said defendants. i 10 10. On or about August 17, 1986, Decedent-m-as a passeng_ez I t l i° 11 in a vehicle which was lawfully on Bear Creek Road and, as a sz 12 proximate result of the dangerous condition alleged aforesaid, oQs 13 was fatally injured when the vehicle in which she was a passenger 14 went out of control south of county mile post 1. 40, overturned m $ j 15 and came to rest approximately 1894 feet south of said county 16 mile post. W 17 11 . At the time of her death Decedent resided with 18 Plaintiff Parents. As a proximate result of the dangerous 19 condition on defendant county 's property, and the death of 20 Decedent, Plaintiff Parents have sustained pecuniary loss 21 resulting from the loss of society, comfort , attention, services 22 and potential future support of Decedent. 23 12. As a further proximate result of the dangerous 24 condition of defendant county's property and the death of 25 Decedent , Plaintiff Parents incurred hospital and medical 26 expenses in the sum of $1, 201.00 and funeral and burial expenses -4- 1 in the approximate sum of $2, 500. 00 . 2 13. Oro or about November 14 , 1986 Plaintiff Parents . 3 presented a claim against defendant county to the Clerk of the 4 Board of Supervisors of Contra Costa County for the wrongful 5 death , losses and damages suffered and incurred by them by reason 6 of the above described occurrence, all in compliance with the 7 requirements of Section 905 of the Government Code. A copy of 8 the claim is attached hereto as Exhibit "A" and made a part 9 hereof. i 10 14. On or about December 16, 1986 , defendant county 11 rejected the claim in its entirety. 8s 12 WHEREFORE , plaintiffs JOHN HILDEBRAND and BARBARA HILDEBRAND J ! = ` E = 13 pray judgment against defendants COUNTY OF CONTRA COSTA, BOYD M. W ' 14 OLNEY, JR. , doing business as PLEASANT HILL BAYSHORE DISPOSAL, 15 BOYD M. OLNEY, JR. , doing business as CONTRA COSTA SWEEPER 16 SERVICE , and DOES ONE through FIFTY. y 9 17 SECOND CAUSE OF ACTION (Wrongful Death ) 18 JOHN HILDEBRAND and BARBARA HILDEBRAND, and each of them, 19 allege a cause -of action against the BOYD M. OLNEY, JR. doing 20 business as PLEASANT HILL BAYSHORE DISPOSAL, BOYD M. OLNEY, JR. , 21 doing business as CONTRA COSTA SWEEPER SERVICE, DOES ELEVEN 22 through FIFTY, and each of them. 23 15. Plaintiffs JOHN HILDEBRAND and BARBARA HILDEBRAND, are 24 the father and mother, respectively, of ELIZABETH HILDEBRAND, 25 deceased, hereinafter referred to as Decedent, andlare the sole 26 surviving heirs of law of decedent. These plaintiffs are -5- 1 hereinafter jointly referred to as Plaintiff Parents. 2 16. At all times herein mentioned defendant BOYD M. OLNEY, 3 JR. was doing business under the fictitious name of PLEASANT HILL 4 BAYSHORE DISPOSAL, hereinafter referred to as BAYSHORE DISPOSAL, 5 and under the name of CONTRA COSTA SWEEPER SERVICE , hereinafter . 6 referred to as SWEEPER SERVICE. 7 17. At all times herein mentioned Does Eleven through 8 Twenty, and each of them, were employees of Defendant BAYSHORE 9 DISPOSAL and/or defendant SWEEPER SERVICE and in doing the acts S 10 hereinafter described were acting within the course and scope of '° 11 said employment. c s 12 18. Plaintiff Parents are ignorant of the names and a s S� 13 capacities of Does Eleven through Fifty, inclusive, and therefore 14 sue these defendants by such fictitous names . Plaintiffs will m 15 amend this complaint to allege their true names and capacities 16 when ascertained. Plaintiffs are informed and believe and W S17 thereon allege that each ofsaidfictitiously named defendants is 18 responsible in some manner for the occurrences herein alleged, 19 and that plaintiffs ' injuries as herein alleged were proximately 20 caused by their acts. 21 19. On or about August 17, 1986 Bear Creek Road was a 22 public street and highway in the County of Contra Costa, State of 23 California. 24 20 . Plaintiff Parents are informed and believe and 25 thereupon allege that during the month of August 1986, and prior 26 to August 17, 1986 , defendants BAYSHORE DISPOSAL, SWEEPER -6- 1 SERVICE, Does Eleven through Twenty, and each of them, 2 negligently and carelessly placed loose gravel covering the width 3 of the road surface of Bear Creek Road for at least 1,000 feet 4 north and south of a point approximately 1563 feet south of 5 county mile post 1. 40 , and ,that said defendants and each of them, 6 negligently failed to compact or remove said loose gravel from 7 the center portion of said road surface. 8 21. On or about August 17 , 1986, Decedent was a passenger 9 in a vehicle which was lawfully on Bear Creek Road and, as a 10 proximate result of the negligence alleged aforesaid, was fatally Lo a 11 injured when the vehicle in which she was a passenger went out of z gs 12 control south of county mile post 1. 40, overturned and came to 4 13 rest approximately 1894 feet south of said county mile post. 14 22. At the time of her death Decedent resided with o ` VR 15 Plaintiff Parents. As a proximate result of the negligence 16 alleged aforesaid, and the death of Decedent, Plaintiff Parents W 17 have sustained pecuniary loss resulting from the loss of society, 18 comfort, attention, services and potential future support of 19 Decedent. 20 23 . As a further proximate result of the negligence alleged 21 aforesaid and the death of Decedent, Plaintiff Parents incurred ' 22 hospital and medical expenses in the sum of $1,201. 00 and funeral i 23 and burial expenses in the approximate sum of $2, 500. 00. 24 WHEREFORE, plaintiffs JOHN HILDEBRAND and BARBARA HILDEBRAND 25 pray judgment against defendants BOYD M. OLNEY, JR. , ,do}ng 26 -7- 1 business as PLEASANT HILL BAYSHORE DISPOSAL, BOYD M. OLNEY, JR. , 2 doing business as CONTRA COSTA SWEEPER SERVICE, and DOES ELEVEN 3 through FIFTY. j 4 THIRD CAUSE OF ACTION (Personal Injury) 5 JOHN HILDEBRAND, III alleges a cause of action against the 6 COUNTY OF CONTRA COSTA, BOYD M. OLNEY, JR. , doing business as 7 PLEASANT HILL BAYSHORE DISPOSAL, BOYD M. OLNEY, JR. , doing 8 business as CONTRA COSTA SWEEPER SERVICE, DOES ONE through FIFTY, 9 and each of them. t 10 ►- 24. Defendant COUNTY OF CONTRA COSTA, hereinafter referred 11 to as COUNTY is, and at all times herein mentioned was, a county 12 Js duly organized and existing under the laws of the State of o < Q � 13 California. 14 V 25. At all times herein mentioned defendants Does One 0 15 W through Ten, and each of them, were employees of defendant county - 16 and in doing the acts hereinafter described were acting in the 17 course and scope of said employment. 18 26. At all times herein mentioned defendant BOYD M. OLNEY, 19 JR. was doing business under the fictitious name of PLEASANT HILL 20 BAYSHORE DISPOSAL, hereinafter referred to as BAYSHORE DISPOSAL, 21 and under the name of CONTRA COSTA SWEEPER SERVICE, hereinafter 22 referred to as SWEEPER SERVICE and in each of said capacities was 23 the agent of defendant county and was acting in the course and . 24 scope of said agency. 25 . 27. At all times herein mentioned Does Eleven through 26 Twenty, and each of them, were employees of Defendant BAYSHORE -8- t DISPOSAL and/or defendant SWEEPER SERVICE and in doing the acts 1 hereinafter described were acting within the course and scope of 2 said employment. 3 28 . Plaintiff is ignorant of the true names of defendants 4 sued herein as Does One through Ten, inclusive, and the names and 5 capacities of Does Eleven through Fifty, inclusive, and therefore 6 sue these defendants by such fictitous names. Plaintiff will 7 amend this complaint to allege their true names and capacities 8 when ascertained. Plaintiff is informed and believes and thereon 9 alleges that each of said fictitiously named defendants is a 10 responsible in some manner for the occurrences herein alleged, 11 and that plaintiff 's injuries as herein alleged were proximately s � 12 S caused by their acts. 13 a . 9u 29 . On or about August 171 1986 and prior thereto defendant o 14 a COUNTY owned, maintained and controlled Bear Creek Road in the 15 W County of Contra Costa. 16 30 . Plaintiff is informed and believes and thereupon 17 alleges that during the month of August 1986 and prior to August 18 17, 1986, defendants COUNTY, BAYSHORE DISPOSAL, SWEEPER SERVICE , 19 Does One through Twenty, and each of them, negligently and 20 carelessly placed loose gravel covering the width of the road 21 surface of Bear Creek Road for at least 1,000 feet north and 22 south of a point approximately 1563 feet south of county mile 23 post 1. 40, and that said defendants and each of them, negligently 24 failed to compact or remove said loose gravel from the center 25 portion of said road surface which negligence caustdea dangerous 26 -9- i 1 condition that created a substantial risk of the type of injury 2 hereinafter alleged when the property was used with due care in a 3 manner in which it was reasonably believed foreseeable that it 4 would be used. 5 31. Defendants, COUNTY, BAYSHORE DISPOSAL, SWEEPER SERVICE , 6 Does One through Twenty, and each of them, had actual knowledge 7 of the existence of the condition and knew or should have known 8 of its dangerous character a sufficient time prior to August 17, 9 1986, to have taken measures to protect against the dangerous 10 condition. Said defendants, and each of them had the authority r '° 11 and it was the responsibility of said defendants to take adequate z a !4J 81 12 measures to protect against the dangerous condition at the W 0 13 expense of the public entity and that funds or other means were a j 8 a 14 immediately available to said defendants. m Y ;g 15 32. On or about August 17, 1986 , plaintiff was a passenger N ' W 16 in a vehicle which was lawfully on Bear Creek Road and, as a W 8 17 proximate result of the dangerous condition alleged aforesaid, 18 was injured when the vehicle in which he was a passenger went out 19 of control south of county mile post 1.40 , overturned and came to 20 rest approximately 1894 feet south of said county mile post. . 21 33. As a proximate result of the dangerous condition of 22 defendant COUNTY's property, plaintiff was hurt and injured in 23 his health, strength and activity, sustaining injury to his body 24 and shock and injury to his nervous system and person, all of 25 which said injuries have caused physical and nervous ,pa�n and 26 suffering. -10- 1 34 . As a further proximate result of said dangerous 2 condition plaintiff was required to and did incur expense for 3 medical care and treatment, the exact amount of which expense is 4 unknown to plaintiff at this time. Plaintiff will ask leave to 5 amend his pleading to set forth the exact amount thereof when the 6 same is ascertained by him. 7 35. On or about November 14, 1986 Plaintiff presented a 8 claim against defendant county to the Clerk of the Board of 9 Supervisors of Contra Costa County for the losses and damages 10 suffered and incurred by them by reason of the above described 11 occurrence , all in compliance with the requirements of Section Sf 12 905 of the Government Code. A copy of the claim is attached f 13 hereto as Exhibit "B" and made a part hereof. Yt 14 36. On or about December 16, 1986, defendant county m 15 rejected the claim in its entirety. 16 WHEREFORE, plaintiff JOHN HILDEBRAND, III prays judgment w S 17 against defendants COUNTY OF CONTRA COSTA, BOYD M. OLNEY, JR. , 18 doing business as PLEASANT HILL BAYSHORE DISPOSAL, BOYD M. OLNEY, 19 JR. , doing business as CONTRA COSTA SWEEPER SERVICE, and DOES ONE 20 through FIFTY. 21 FOURTH CAUSE OF ACTION (Negligent Infliction of Emotional Distress ) 22 JOHN HILDEBRAND, III alleges a cause of action against the 23 COUNTY OF CONTRA COSTA, BOYD M. OLNEY, JR. , doing business as 24 PLEASANT HILL BAYSHORE DISPOSAL, BOYD M. OLNEY, JR. , doing 25 business as CONTRA COSTA SWEEPER SERVICE, DOES ONE ° through FIFTY, 26 and each of them. -11- 1 37 . Plaintiff JOHN HILDEBRAND, III was the brother and sole 2 sibling of ELIZABETH HILDEBRAND, deceased, hereinafter referred 3 to as Decedent. 4 38. Plaintiff refers to paragraphs 24 through 31 above and 5 by such reference incorporates each of said paragraphs as though 6 they were set forth verbatim. 7 39 . On or about August 17, 1986 , plaintiff and Decedent 8 were passengers in a vehicle which was lawfully on Bear Creek 9 Road and, as a proximate result of the dangerous condition E 10 alleged aforesaid, Decedent was fatally injured when the vehicle 11 in which she and plaintiff were passengers went out of control E81 12 south of county mile post 1. 40, overturned and came to rest 13 approximately 1894 feet south of county mile post. At all times ride 14 herein mentioned plaintiff was in close proximity to Decedent and o list 15 personally witnessed the collision and fatal injuries sustained 16 by Decedent. J 3 17 40 . As a proximate result of the dangerous condition of 18 county 's property and the fatal injuries sustained by Decedent, 19 plaintiff sustained great emotional disturbance and shock and 20 injury to his nervous system, all of which has caused, continues 21 to cause and will cause him great physical and mental pain and 22 suffering. 23 41. As a further proximate result of the dangerous 24 condition of county 's property and the fatal injuries sustained 25 by Decedent, plaintiff was reasonably required to and has Y 26 incurred medical and incidental expenses for examination, -12- 1 treatment and care of his aforesaid injuries , the exact amount of 2 which is unknown at this time. Plaintiff is informed and 3 believes , and therefore alleges, that he will in the future be 4 reasonably required to incur similar obligations. Plaintiff will 5 ask leave to amend his pleading to set forth the exact amount of i 6 the aforesaid expenses when the same is ascertained by him. i 7 42 . On or about November 14, 1986 plaintiff presented a 8 claim against defendant COUNTY to the Clerk of the Board of 9 Supervisors of Contra Costa County for the losses and damages t 10 suffered and incurred by them by reason of the above described 11 occurrence , all in compliance with the requirements of Section a 8i 12 905 of the Government Code. A copy of the claim is attached o e 13 hereto as Exhibit "B" and made a part hereof. ZK Si >: 14 43. On or about December 16, 1986, defendant county m it 15 rejected the claim in its entirety. H W 16 WHEREFORE, plaintiff JOHN HILDEBRAND, III prays judgment W 17 against defendants COUNTY OF CONTRA COSTA, BOYD M. OLNEY, JR. , 18 doing business as PLEASANT HILL BAYSHORE DISPOSAL, BOYD M. OLNEY, 19 JR. , doing business as CONTRA COSTA SWEEPER SERVICE , and DOES ONE 20 through FIFTY. 21 FIFTH CAUSE OF ACTION (Personal Injury) 22 JOHN HILDEBRAND, III alleges a cause of action against the 23 BOYD M. OLNEY, JR. , doing business as PLEASANT HILL BAYSHORE 24 DISPOSAL, BOYD M. OLNEY, JR. ,, doing business as CONTRA COSTA 25 SWEEPER SERVICE, DOES ELEVEN through FIFTY, and eadh of them. 26 44 . At all times herein mentioned defendant BOYD M. OLNEY, -13- 1 JR. was doing business under the fictitious name of PLEASANT HILL 2 BAYSHORE DISPOSAL, hereinafter referred to as BAYSHORE DISPOSAL, 3 and under the name of CONTRA COSTA SWEEPER SERVICE , hereinafter 4 referred to as SWEEPER SERVICE. 5 45. At all times heresn mentioned Does Eleven through 6 Twenty, and each of them, were employees of Defendant BAYSHORE 7 DISPOSAL and/or defendant SWEEPER SERVICE and in doing the acts 8 hereinafter described were acting within the course and scope of 9 said employment. !9 10 46 . Plaintiff is ignorant of the names and capacities of 11 Does Eleven through Fifty, inclusive, and therefore sue these s 12 defendants by such fictitous names. Plaintiff will amend this 13 complaint to allege their true names and capacities when 14 ascertained. Plaintiff is informed and believe and thereon 15 alleges that each of said fictitiously named defendants is 16 responsible in some manner for the occurrences herein alleged, L 17 and that plaintiff 's injuries as herein alleged were proximately 18 caused by their acts. 19 47 . On or about August 17, 1986 Bear Creek Road was a 20 public street and highway in the County of Contra Costa, State of 21 California. 22 48. Plaintiff is informed and believes and thereupon 23 alleges that during the month of August 1986 and prior to August 24 17, 1986, defendants BAYSHORE DISPOSAL, SWEEPER SERVICE, Does One 25 through Twenty, and each of them, negligently and carelgssly 11 26 placed loose gravel covering the width of the road surface of -14- I Bear Creek Road for at least 1,000 feet north and south of a 2 point approximately 1563 feet south of county mile post 1 . 40, and 3 that said defendants and each of them, negligently failed to 4 compact or remove said loose gravel from the center portion of 5 said road surface. 6 49. On or about August 17, 1986 , plaintiff was a passenger 7 in a vehicle which was lawfully on Bear Creek Road and, as a 8 proximate result of the aforesaid negligence , was injured when 9 the vehicle in which he was a passenger went out of control south 10 of county mile post 1. 40 , overturned and came to rest 11 approximately 1894 feet south of said county mile post. si 12 50. As a proximate result of the aforesaid negligence, So 13 plaintiff was hurt and injured in his health, strength and s 14 activity, sustaining injury to his body and shock and injury to 15 his nervous system and person, all of which said injuries have 16 caused physical and nervous pain and suffering. 17 51. As a further proximate result of the aforesaid 18 negligence plaintiff was required to and did incur expense for 19 medical care and treatment, the exact amount of which expense is 20 unknown to plaintiff at this time. Plaintiff will ask leave to 21 amend his pleading to set forth the exact amount thereof when the 22 same is ascertained by him. 23 WHEREFORE, plaintiff JOHN HILDEBRAND, III prays judgment 24 against defendants, BOYD M. OLNEY, JR. , doing business as 25 PLEASANT HILL BAYSHORE DISPOSAL, BOYD M. OLNEY, JR. , doing Y 26 business as CONTRA COSTA SWEEPER SERVICE, and DOES ELEVEN through I -15- I FIFTY. 2 SIXTH CAUSE OF ACTION (Negligent Infliction of Emotional Distress) 3 JOHN HILDEBRAND, III alleges a cause of action against BOYD 4 M. OLNEY, JR. , doing busingss as PLEASANT HILL BAYSHORE DISPOSAL, 5 BOYD M. OLNEY, JR. , doing business as CONTRA COSTA SWEEPER 6 SERVICE, DOES ONE through FIFTY, and each of them. 7 i 52. Plaintiff JOHN HILDEBRAND, III was the brother and sole surviving sibling of ELIZABETH HILDEBRAND, deceased, hereinafter 9 referred to as Decedent. 10 53 . Plaintiff refers to paragraph 44 through 48 above and i° 11 by such reference incorporates each of said paragraphs as though a12 J ; they were set forth verbatim. 13 54 . On or about August 17, 1986 , plaintiff and Decedent CK 14 a < � „ were passengers in a vehicle which was lawfully on Bear Creek s ; 15 W Road and, as a proximate result of the aforesaid negligence 16 W Decedent was fatally injured when the vehicle in which she and 17 plaintiff were passengers went out of control south of county 18 mile post 1. 40, overturned and came to rest approximately 1894 . 19 feet south of county mile post. At all times herein mentioned 20 plaintiff was in close proximity to Decedent and personally 21 witnessed the collision and fatal injuries sustained by Decedent. 22 55. As a proximate result of the aforesaid negligence and 23 the fatal injuries sustained by Decedent , plaintiff sustained 24 great emotional disturbance and shock and injury to his nervous 25 system, all of which has caused, continues to cause and* will 26 cause him great physical and mental pain and suffering. -16- 1 56 . As a further proximate result of the aforesaid 2 negligence and the fatal injuries sustained by Decedent, 3 plaintiff was reasonably required to and has incurred medical and 4 incidental expenses for examination, treatment and care of his 5 aforesaid injuries , the ex=' t amount of which is unknown at this 6 time. Plaintiff is informed and believes, and therefore alleges, 7 that he will in the future be reasonably required to incur 8 similar obligations. Plaintiff will ask leave to amend his 9 pleading to set forth the exact amount of the aforesaid expenses 10 when the same is ascertained by him. 11 WHEREFORE , plaintiffs JOHN HILDEBRAND,III prays judgment z 8i 12 against defendants, BOYD M. OLNEY, JR. , doing business as o ¢ � 13 PLEASANT HILL BAYSHORE DISPOSAL, BOYD M. OLNEY, JR. , doing 14 CD business as CONTRA COSTA SWEEPER SERVICE, and DOES ELEVEN through ig 15 FIFTY. N W 16 PRAYER W 8 17 Plaintiffs JOHN HILDEBRAND and BARBARA HILDEBRAND, and each 18 of them, pray judgment as follows: 19 1. Against the COUNTY OF CONTRA COSTA upon the First Cause 20 of Action for general and special damages according to proof, 21 costs of suit and for such other relief as the Court may deem 22 proper. 23 2. Against BOYD M. OLNEY, JR. , doing business as PLEASANT 24 HILL BAYSHORE DISPOSAL, BOYD M. OLNEY, JR. , doing business as 25 CONTRA COSTA SWEEPER SERVICE , and each of them, upon the Second 26 Cause of Action for general and special damages according to -17- 1 proof, costs of suit and for such other relief as the Court may 2 deem proper. I i 3 . 3. Against DOES ONE through FIFTY upon the First Cause of 4 Action and Second Cause of Action for general and special damages 5 according to proof, costs of suit and for •such other relief as 6 the Court may deem proper. 7 Plaintiff JOHN HILDEBRAND, III prays judgment as follows: 8 1. Against the COUNTY OF CONTRA COSTA upon the Third Cause 9 of Action and upon the Fourth Cause of Action for general and N 10 special damages according to proof, costs of suit and for such Lo 11 other relief as the Court may deem proper . 8 12 2. Against BOYD M. OLNEY, JR. , doing business as PLEASANT s 13 HILL BAYSHORE DISPOSAL, BOYD M. OLNEY, JR. , doing business as 14 CONTRA COSTA SWEEPER SERVICE, and each of them, upon the Fifth 15 Cause of Action and Sixth Cause of Action for general and special N W 16 damages according to proof, costs of suit and for such other W 8 17 relief as the Court may deem proper. 18 3. Against DOES ONE through FIFTY upon the Third through 19 Sixth Causes of Action for general and special damages according 20 to proof, costs of suit and for such other relief as the Court 21 may deem proper. 22 Dated: June 2 , 1987. 23 DODGE, REYES , BRORBY, RANDALL, MITGANG & TITMUS 24 25 By _ ROBERT P: BRORBY 26 —18— -,�;�;`�'e.u./Dww;A..- _ ...•. . 2 OCT 0 1986 - /000 C4�:LISIOH-REPORT .�,.. — .w.s le • Pa CIAL CON.TTIOWS O.MI11I1Et N t a CITU IVDICIAL.I/TRICT nYmewR 1ao T LIN,N CoWA-0,oul, F'19T�1 L w0.KILLED M a CeYN17 NEPORT/MD DISTRICT Ea AT COLLISION.Ccuwwwo oN MO. :AV Va. TINS /NS) CIC II YMeaw OPP/8e�!ritz, c : tr, ito 43zo•MILEPOST INFORMATION Y wry /TATA MNNrAV Y 3 •tar o►MlLarosr ^T va• ❑we ❑its wo 0 P"OTOONAPHS J AT INT.wueneN Wlrl$ 14 Owl PEST/mules OY OP /y6 [ Vas 13.0 PARTY MAY■ (FIRST.MIDDLE..LAST) OWMER'e MAMe avert AS Oo1V w ' �r . A-s Aze-t W,�—I.VA aw /Tat ET ADORES• Home.Mont OWMaa's ADDRESS SAMA AS DRIVEN G ES- CITY/STAT IP ouslMws/.MOMS DISPOSITION o.VaM. ON OROS RS O. w .1 I 1`�V U 1 � ❑eP.Ieaw owlvew ❑orNaR PA■Kee DRIVER'S LICKNSN MYNDaR .TATE + DINTMOATE Sam JRAC. Dias CTIOM O. OM ACNOs{ {TRKKT Ow MI.N AY vaw. e. MAY YR. TwwveL ( 1 eMEe LIMIT C� Go�oG � .ICV- Van.Va($) MAKK(a)/MDOaL(S)/COLOw(S) LICKMsw Mo.(S) STATa(S) Cl$P USE VEHICLE DAMADE–E;TENT/LOCATIOn CLIST 4 r -�/I c' ONLY Y� /77�//• � � - v� �2�1 aMICLE TT ❑MINOR ❑MODawwTE ❑MAJOR TOTAL OTNKw •' CC��GGGIII-(r OA T V MANS (PIN/T.MIDDLE.LAST) OWNSR's NAME {AMIAS DRIVER s ►RIVE■ STRROSS!T ROSS! NOMI.NOME OWNeR'{AOOR t.s •{AMS AS DRIVKa MDE e• CITU/sTAT{(IIP :YSIWe{/PHOMe DI■POSITION O.Van. ION OROaas o. Val" .. r . .. ❑o..1Cgo ❑DRIVM nnVw"all .AN RE. SAIWSR's L/Cense MYmeaR STA .IRTMDATE SKi rAce OIND Cv10M OP OM/ACROSS(STRaeT ON NIGHWAV) SMN uMT► YSM. MO. DAV VR. TaAVKI I L i — Mev. ram.TM(a) MAKE(•)/roeaL(e)ICOLOR(s) LICull O.(/) STATS(S) CMP Yat VEHICLE DAMAaa�-a KTa NT(LOCATM/N �..• 4w6wV ONLY j,� ..- • aMICLS r ❑SIINOM ❑MOORRATIN ❑IIA,C.-_.13 TOTAL OTHER PARTY MAIIS(IIR/T.MIDDLt.LAST) eWNKM'/NAME SANK AS MaiIlSR�- -' •>_tom:. WRIVK■ {TwEST ADDRSss NOMK.wows N Ow"Ka'a ADDNS/{ U&AMe AS DRIVES MMD- C•rV/DTATSI/SIP auslwass PNOwa DIO /TIOw or ran. OW ONDons a -- ❑M.IC.R ❑ORIvER ❑OTHER PARKINS, ORIVKM'S LICKNea NYMDSR STATE .INTMDATa ISSIX IMAGE DIRECTION M/AGNOss Wal EST OR WIONWAV SME.LIMIT Ml$. me. :AV ra. VNAVML MCV. WEN.Va(S MAKt(s)/moeaL(s)/CDLeM(S) LlcaMse NO.(a) eTAVE(s) CNP USE WEN LE DAMA.a-i;TENTKOCATIM sun , ONLY VEHICLE TV ❑PIN ❑MOORRATE ❑MAJOR ❑"VAL PPPPPP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . OTNBO PARTY "AMC (Power.SADDLE.LAST) owaaR's MAN i AS:Koren 4 MIVEM • EPT ADDRESS Nora!MOWS OWNER'{AODMEss scare AS NIVSR MMM Clry/STATS/KIP ousllla{a PMOMs DISPOSITION O. PSM. ION SIMMONS OI THAN ❑Mrocum ❑DNIv ❑Ovl$a■ PARKED ow1VsR's Licensor NYMata STAVEal_RTN DAA sa; SACS • DIRECTION 00 ow/�Icwop.isrwaar On wNU WTTt_ ___. s_►uQurn YSM. SSD. IAV T"vR�-- - TWAWKL - - -. ._- I . :ICV- Val$.VO(S) rAKa(S)/MODEL(s)(COLOw e) uceNNSa ea NO.(a) STATE({) C ►USE VHICLS DAMASS— ;TKNT/LOCAT/OW aLIST ONLY �--1. .. ` . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . awICLK TV ❑MINOR U i•conwATe MA/Oe ❑TOTAL .TNaa CHP 66s-p o.i (a.r s•eK(oP(04.2 • GTiTs SIP OALJ►&wwN►' � TRAFFIC COLLISION CODING •.:. .� - . >,SEL& MwTa M aK4GIOW Ira IMG•) NCIC NUrGEw OFFICER I.M. wyr•aR we. MAY Tn. ' PROPERTY DAMAGE • j � t •WN[R•a rwra/w•Mwwsa " �• - • NOTII/S• VIOLATION(S) PARTY I Q PARTY•a PARTY 1 PARTY G CHARGED 231 •{"r , PRIMARY COLLISION FACTOR TRAPPIC CONTROL DEVICES Is TY►E OF VEHICLE 1 1 1 s MOVEMENT PR[C[DIP (LIST NUMoa■(a I OF PARTT AT FAULT) A CONTROLS FUNCTIONINe A PASSENGER CAW/•TA.WAGON COLLISION • Ay SS�ECTION VIOLATED: ^` O CONTROLS NOT PUNCTIONIMSS / • PASSEM68M CAR W/TRAILRR A GTo►►ao ' •r�7 v C C CONTROLS ODSCUREDS C "*Too CT CLa/►COOTS■ 3 PROCESSING GTRAIGNI • • or"It"/M►ss O►ee OssIVINGS D CONTROLS NOT Paz SENT/FACTOR D PICKUP OO PANEL TRUCK C MAN OPP' ROAD tTIC09WPIPAIOGL TOK W/TOLR D MAKING MIGHT TURN C OTNEss THAN DWIVGR* TYPE OF COLLISION TRUCK ON TRUCK TOACTow n MA111NG LGPT TURN D UNKMOWM• A 14RAO.ON d TMK/TAR TRACTOR W/TM LM / MAKIM:U TYRN WSATHSR MARK I TO S ITEMS a 110E SWIPE N SCHOOL SYS Q IIACMINS A CLEAa C WEAR END I armless owe N SLOWING—STOPPING • CLOUDY D GROADGIOa J J*Naa DaNCT vsNICLE I 1.PASSING OTIIsw VfHIC C RAINWO [ MIT OS/scT K HWv COMGT.EeY/PMaMT J CNANGWO LAM[• D J1/eWINe F DvawrvRNeD L DIev CLa IK PARKINS MANEUVER t Poe C. VKNICLS/PEDESTRIAN M OTHER Vf NICLE L SNTCN1"G TRAFFIC F er"aRPI N OTHGR S: N PEDESTRIAN M OTHER UNSAFE TUWNII a W/NO O MOPED N KING INTO OPPOSING 11 LIGHTING MOTOR VEHICLE INVOLVED WITH O PANNE& A DAY6:14184T ]ANON—COLLISION 1 1 1 I THan AS%OCIATICD FACTOR P M.RGING 8 OUSK—DAWN R PEORGTR/AN IUAOK I TOS ITROSI O TRAVELING WWONO WA C DARK—STRKGT LIONTG C arms* MOTOR VEmICLa A Vc f TI VIOLATION: R Or"a RS: D DARK—@e STREET LIGHT• D MOTOR V.N.ON OT"EM oOAOWAv STwE IST LIem TS NOT [ PARKED MOTON VENICLS O VC SECTION VIOLATION: - FYMCTION/MOS F TRAIN O DICYCL11 C vC gincream V/OLATIons ROADWAY SURFACE N ANIMALS -- 1 t 1 4 SOORIETY—DRUO— A MY O VC SECTION VIOLATION: PHYSICAL R WET I F Kse O/G/a R: HAWK I TO I ITENS C {NOWT—ICT VISION t VISION Os SCUMa Mawva@ A NAo NOT man"ow/mKl • D SUPPSOT IMUDDV.OILY.sTC.IS J OTHER OGJGCT: "DO—YNeEss IMPLUEMC F INATTENTION HDO—MOT YNORw 116P'16 _ ROADWAY CONDITIONS IQ STOP 41 GO TwAP►IC D Mao—IMPAINrawT YMM MASK/TO G ITEMS PEDESTRIAN'S ACTION jl aNTSMIS iLEAVW M MAwP-..- R VMDER*DUe&"#%Want A MOLES.OSaP wYTG• A MO PESSSva1AN/MVOLvao I PREVIOUS COLUGION 1'Ir PAIROGNT—MVGIGt E LOOSE MATEWIAL ON ROADWAY" CROSSING IM CROSSWALK J YMPAMKIAIt WIT"ROAM O IM PAID HE NT NOT KNOG C OGSTMUCTION OM NOADWAV S - •AT/NTESSECTI" - K*SPECT/ve van.woU1P.: N NOr APPLICAGLa D CON STRUCTION-11[PASS SOME• C CROSSING IM CMOGGWALK—MOT 1 •LaaPV/PATIOUGD t wRDUCSO ROADWAV WIDTH AT INTansECT/Ow L UNIIIvoLveS vaNICLe ' FLOODS&• D CROSSING--NOT IN CROSSWALK MOTmweS: i 1 S G SPECIAL INFORMATIC O OTMEw St ..:� [ IM ROAD—IN cIYOts GHOYLOaw N NOM.AMA... A MASAIIDOUG MATE01AI. 1 N N&UNUSUAL CONDITIONS f,NOT M ROAM ' O aUMAWAV VSMIOLR R FINE @"VOLVO*• O APPOOA Cm 1M/LEAV1 We SCHOOL OUR C TIDE DEPRCT/PAILUMf SKETCH MISCELLANEOUS i ' rowTr ' t /3eAltCitt. tC �1 nLT _ PHYSICAL DESCRIPTION OF PARTY MUMMER MAIC as "RIGHT WRIeNT Poo 00.wA SIa I.D.Mur GRR r0. MAY YR. RSVIaWER•G rw a r0. .1IAv S �y CHP 566—Pipe 2(Rev 14$4)OPS 042 •azDtolR!R norm *TNESSEWPASSENG. .IS SATE OF eOLLJ'aMI/ - ' • Hwf 1114"(• IS, wYaISEE OFFICER$A. wYr•aR , IN. t 1 •I O O am ED 3 • - exTeNT OF INJURY("X"Oee) INJYRRO WAS(•X"GPW) rlTNaa• �Ataa NaaR AGM aa>< FARTYJ •SATIN, ONLY ONLY as vEwf OTn•S tllalelf COMFLAIMT NYalaaa FOfIT10 ATAL INJURY /N/YET IwJYR/•a OF FAIN ORIYaS FAaa• F•e. EICTeLIat OTHER O - U U u Ll I U I U na NA (woewaaalTaL•FNow C lzgo ^ O 6 � c e ic.�ebaAuo 6S S�iGc,-rc.� 9yb l taw rowtu mass To(INJuwao eJy.T( aEaeR a IwJIIwIa• 22/S L14� D i / O O 5o 175 1O wwrf/ADowEaaML•FNo R s S i 1 M� 9kq 1410 vT! SL TR AMa.p Ta ST/TAKaN TO(INJVwap ONLT( -N up, hijOslo/ aaacRlaE Irav IRS oe aX 7 / ❑ NA ■/ADDS&aa/TC LUM ' �� Z . �loss ALV49 TRANSPORTED OT/TAKaK TO 110/1JR80 ONLY' N t�'Rlaf Ia JYOIEa t -•i � R• ,wNatf/TiLfj�pN• � 5-0'7 G ou eCM fl 5T TRANaroOTaa OT/TARRN TO 1I94/YN98 ewtt<' aaSeRl•R IwJwIEa J ww • DoaE M/TfIa FMO • ZZ3S l6S-i 3z t Tw AwaPOST•a OV ITAKfN to(IwJYase Omvj Noea/ea Iw/YR1Ea 01 91 1 1 Ml O 1 0 1 ❑ NArf/ADOR J LR►Ne xN c. a 6S S Co. 9 TRAwa"*TWO OT/TAKEN TO(INJYRRD ONLY1 . NSew/of IwJvnsw � M•Iw'aS SAFE /A.NYYEEar0. MY Ya. ■EYI•tER'a NAra r0. OAT YI O.VTi4•t�l� �G -- ; S`3 —19-..$l. - % J.DISHON SGOT.Me CHP 555,--Ps(N 3(Rev 8.84)OPI 042 �._t•�, ;, -..• •• � �. vc_ _. .tom:�:-•.--r -. - c. - •�sA:�_•c_.a .. ._ 'a:>r-3..�-ys- n.ay -. FACTWAJ�.bIAGRAM _ _ 3:'?' 1'Za�4 �I1Tf oQ ewauw•ow �'- — • � hrf YN Mew MYrfsw M�•ffw up. � MYr w • Q?, w. 10 q3LO O ALL MEASUREMENTS ARE APPROXIMATE AND NOT TO SCALE UNLESt STATED(SCALE. • '4 �A�M1006rip W 77 - - /10 claw wkv P�1 ITi'P�x d1R•t J INDICATS f•• - wowT» T 1 S S6 3 •tT sour, -- _ - o� �Rio�es Ove L401C P�I .Mr�eposr�r►�a-Rr�.t. %. D op" VIOL. r rTJAC G" PMrc � 1 � cS 1. i qx JillS" 3 , . S• :/wf• • • MAS: __ _ — - — LO.NUMBER t•O. jpAT-�-Va. MfVif/fw• Mhms __ — .yak. CNP US-ftp 4(Rev )oPi 042 .,33M NARRATIVEnUP'PLEMENTAL FAGS .S *AVG OF ORIGINAL INCIOLNT ' ITIMS (MM) rC/C wwase jorpl!taO 1.•. 70YO. 8 ... �? �.. 86" 2'1'10 9320 5308 8-253 ••O••ONG ••1tOMs TT IG GV.►LararTAL I••t••.V/►ICA•►a) ® NARRATIVE ^M COLLISION R[PORT ❑'^ OA YROATC 12 FATAL 1^^J�� MIT A RVN YOOAT[ �. SUPPLEMENTAL ❑ OTHILM LC MAR. MATERIALS r SCHOOL •VS iJ OTNaR: a1TT/COVN7T/IVOI t1Al O/tTRItT Rh.oNSTRICT/OGAT CITATION NVrOaR LOCATION/SVO/OCT STATa NIS"WAT Oa LATGO ❑ Tag ❑ No ,. ADDITIONAL FACTS - Vehicle Inspection 2. Vehicle: 1985 Ford Van, white in color, Cal plate 2L68256. 3 Date Time Location: 8/20/86, 1140 hours outdoor storage facility of .. Lafayette Tow in Walnut Creek. 5. Wheels Tires: 6. L.F.- 5/32 inch of tread depth and flat as a result of the 7, collision impact , 9. R.F.- 12/32 inch of tread depth and flat as a result of the 9• collision impact , 10. L.R.- less than 1/32 inch of thread depth and flat as a result of 11, the collision impact , 12. R.R.-42/32 inch of tread depth and 42 lbs. inflation. 13. ��. Brakes : Power assist type. The master c llinder reservoir was full of 15. fluid, and the service brake pedal was firm upon the first 16. application with the engine off. Theparking brake was broken j 17. as ,a result of the collision. No pre-impact defect found. 1e Steering: ' The steerings stem was operative and showed no evidence 19. of pre-impact defect. 20. 21 1 22 Damage: The vehicle damage was located to all sides consistent with 23 a roll-over type collision. The rear doors were o 24. 25. Other: Both headlamps were found operative. The selector switch 26. in the low beam position. I found the windows of the vehicle 27. in the following condition: L/F-)i down and broken; Windshield- 28. broken out; R/F-down and unbroken; L/R-broken; R/R-unbroken. l 30. 31. Photos: 07es ®No Ira AAROR•a rArG 1..&.R00 . -1 , RR ]-0. . C.WSroeger 61 92-86 CNP 556(Rev 12-84)OPi 042 the previous editions until depleted. r'z229 • l�'PlFlATIVlu$UPP� t I j ? ,o4:1G `►woE! '�. OAT*or 011114SM4 INCIO�T •:•"• Or Jim") �c .w MVfR MC$C YOI►. O•I1ffO 1.0. MVYOY - - - ,t.�•�. . - `tel, .. ...•. Mftw •Y"ONE ••N•'ON* TT If�Y.I"1.■Yf NTAI (••;••A•►L/OAOL*) • t4NARRATIVE -. �COLLI.IOM REPORT 0,1111A UPDATE KATAL ❑ MIT A RUN UPDATE ❑ SUPPLEMENTAL ❑ OTHER: ❑ MAX.MATERIALS ❑ SCHOOL BUS ❑ OTHER: •. CITT,f OUN"jJWI IOIAL OISTOICT ]OPT.O/OTO/cT/GOAT . CITATION NUI/OEO • LOCATION 10%0 SKOT ... MIOMOAV OflATfl ❑ TES NO f'atAjr- wnn 2 3. - ,ti i dAW, Alf R•w Alt, ! SGil WAS 4, ilei_74 M 2 •NjW-Seceoje, " �. -•+-• � - -- Ole Tt C - '! 3 l4 .Z� }IRJJ 7. - D' N IO Ltl 9. GS /lt•I Ar /+v S ovTk Y oil v it. 12. - 13. •t - - 1 14. __ 10 is. - -dj COIL Me 27. r S MUCG :!V 'r, 28: - — 4 ._ . rl* =N _.. .. • • r 29 — rIlAl ._---- - ow.-m- - • • _ .. 30. r1 31. Ad T'O yA/s.*�YAYE SVA♦.•• 1.0.1/YYO{I YO_O Dive. fli�f Rf O • RArf l MOJI A. �M as Ow• CHP 06 Iiia 12.84)OP1 042 WN PWWO1» 00.i*43 as t t +sfl'. A a :TAT[.. el►u.ei.wl► - ..,,1..-..,c.,,. ": -NARRATIVE/SUPPLEMENTAL AA• OAT[ e. 0010449"INCIOa NTTire (be") mQe"William O►►ICaR 6.0. NVrWIM TY Va. •[•'OMS ••i•�ONS TTN SV►Kara"TAL 1-111-A►►LICAOLat 5zNARRATIVSK 00COLLISION R[►ORT ❑ •A uFOATs r FATAL ❑ NIT RUN W►OATa' ❑ SWP►L[rf.NTAL ❑ OTHfR: ❑ NA:. rAT[RIALa ❑ SCHOOL Bus ❑ OTHRM: CITT/COWNTT/JVOTCIAL MSTRICTw►T.MST.ICT/OaAT CITATION NWreaR LOCATION/SWO/a CT STATS MIONT/AT RSLATSO ❑ T[S MO t. I /S /TfL 2. 0 ,LA10! Ir 44w ,*r9 P_ AAID A 040c. t ttt.ot . D,2 A 3. 944-TY 1= w T mir�% w ke &jAz goto ocrf— 64 abgliu— ' q j f7 ' 4. t O PI b 04) ZZA, P 5' ^.P- '1U i ¢ ) &J 70 O Al AfVi't s ��{ U.' PSC%dclf uD�f1D� !a ,o. 6tood a 11. W uG - •,btot3d 12. Lt, wb f N Y 4A.JI 13. ►� - 14. . / r 20. 2f. 1 ' Zi !. 22 24. •y L ' I � 2ls. / 28. 27. —" V a 28 o , 1 30. - / St: ' .►.1 Cad T i �. _`�taitllR ` fIll'All;ZaAMs� I .Tei�raam re. ewO Rat/[Rf Rif"Ara ,..:. , w• y 1 Iwo .'^"MTS gym. CHP 556!Row 12-84!-OP1042 - 00~out edh1oft untN dWW*d. ■ ■ � IIII �! w. . r L. . i► M WAff AO , ♦r /. // mar / . �. `.r .:► r"rL J_ . Imp— , J is S►1 L t. ! l/ y At r :a �_.I i lL e� ♦ =Lit AAWIF G At-- sop t� .rrk. _ • ! i r ♦ ..a ��.... •w '�- i..� :,t_r Gi..._ MMff—T• .'r S. 7.i L r ,• _ .1..: rr .Ilr • rA- WOOjr a` .._ Jt" 'a. 1r E_ t1/ ♦ _ �' "' .r�,,._� rte! w S i, �w R. .t; / .t� .`.i dt 1 `! i / .�„ . ♦ .t e f _r'c iG' a qll WON Gc� 1_► a+ • : .f� I+ir `,, l� /t. r /4 P ffr_. j lei 1 �a +-. ! 1Kw_ f �..1. ♦- p ♦ �. L. �itE�iiiiii It L..tal�..:'':�/, �' �'"• .Aj! , A. �/� .•i '•..I� � ../ �•.,•• �/.t` /. .r:f�• r �.. ''7iZ:�r � t. Ii-'f ..s •' I T NARRATIVE/SUPPLEMENTAL DAT&OP e0/e14MAL IMCIDaMT TIMa AIM Moa Mursaw oPPlcaw I.D, wUrwaw •• rev SAT Tw. 'SG 1 0 - 3710 O18 "a••OMf ••w••OMa TTI@ SUPI'laraMTAL 1••a••APPLICA0691 1pr MARRATIvt Q:_C OLLISIOM REPORT ❑ •A UPDATE 2<01ATAL ❑ MIT Q RUM UPDATt ❑ SUP►Lt Mt MTAL ❑ OTHER: ❑ MAX. MATERIALS ❑ SCHOOL BUS ❑ OTMtR: CITT/Cov"TT/JUDICIAL DISTRICT 10".DISTRICT/atAT CITATION MUNSON LOCAtIOM/aNDJa CT STATa MIOHRAT wa LATaI ❑ Tt. cg�.Cl 1. dt Oa�rx b u 0 rte ` t Wks ,u r14 ; 'c 2. JeA kM-,,XtR. V 4 e jA . � 3. o1:J 4/ V 41 vu Szgajfi riJo 7je"j IIv O u r- 4. A. (! r tLd v J t4 *r hw 5. ij& iu eUile i*n seewed 5. R TAJL 5&RuL 7. M c W" ;=047, e. 44-wy 9. 10. IV iC_ IV fu4eef W 11. i V r u 12. W t,ued - 13. \ PL&,2rj62& 2? ftA.):rLAe_r ZbAdA A Lde J9-.22-26 11. C 15. E f1 � t'd `/ U 15. ` - .+. t8. C t 9,- 20. vt4f�L ffcol Sovfi bougpoe 21: RV i ec 22. v 23. - 24. Airs 4 r is - ' . '7 25. '4 �C Air— M. i26. Xkc Ve i' 27. rz.*- r alinimpto ;ScLV 7Xj_ 29. so• 31. a LC.=be A NGt. ►wtAAwra'E wra, ,..••• LA.Nvrwtaw re DAD.. TR. - aavafWfw•SDAMS _� rMo:-•'OAT•s.No. Q Ob v • ? CNP 655(Rtv 12$41 OPI 042 Hu povious Witioe►uOtm dwe"a ;►,. SJ Nf ,3 TIA i'F}ATIVtJSUPPLEMQITAL Lo SATO OF 44160"L INCIoa"T /�^ IT2110 t (6"0) "etc "WYsae S►►1CeN I.... 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Dv u�- CT nag Q,? -&� CHP 556(Rev 12$4)OPI 042 Up Previous editions until doost&d. 85 36 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA C':aim Against the County, or District governed by) BOARD ACTION the uoard of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT August 25 , 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(6&df4er1t6�Se1 Amount: $25 , 000 - 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: KAREN AUSTIN AUG 0 1' 1987 c/o Lynn A. Altshuler Martinez, CA 94553 ATTORNEY: Case, Ford, Atkinson, Burland Attorneys at Law Date received ADDRESS: 550 California St. , #1000 BY DELIVERY TO CLERK ON July 27 , 1987 San Francisco , CA 94104 BY MAIL POSTMARKED: July 24, 1987 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: August 3 , 1987 gaIl Bep�tyLOR, Clerk`,, L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim oma 'ies substantially with Sections 910 and 910.2. (x) This craim 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: Deputy County Counsel J / 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 146/11W.__1916D A) 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 25 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 26 1987 Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator } w AMENDMENT TO CLAIM AGAINST CITY OF WALNUT CREEK Please note the following change made on the Claim against the city of Walnut Creek served on July 16 , 1987: The correct case No. should read C39893 as noticed below. 214 . 53-A MUNICIPAL COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA WALNUT CREEK - DANVILLE JUDICIAL DISTRICT . SOLARI. .. . ... vs MACERICH NORTHWESTERN ASSOCIATES . . . . Plaintiff(s) Defendant(s) Action No ..C39893. . ... .. . To. VAN BLOIS & KNO14L.ES One Kaiser Plaza, Suite 2245 Oakland,Ca. 94612 - Gentlemen: Your complaint filed on April 14, 1987 for Artelli Solari Vs. Mecerich Northwestern Associates has in error as Case No.C39894, the correct case number should be C39893. t cc: Case,rord,Atkinson &Kurland �d8r Attn: Lynn A Alts,huler �(/ 550 CaliforniaSt.. Ste. 1000 ,,, s OR SAN FRANCISCO, CA. 94104 a r� Dated : ' 7/21/87 ROY L. CHIESA • Clerk of Municipal Cou�.� - Leta' By .. . �.ccJ Dep ut, 640 Ygnacio alley Road, Walnut Creek, Ca. (415) 935-6378 1 CLAIM AGAINST THE CITY OF WALNUT CREEK, CALIFORNIA 2 Pursuant to Government Code, sections 900 , et seq. , 3 KAREN AUSTEN, through her attorneys presents the following claim 4 against the City of Walnut Creek, California: S CLAIMANT' S NAME: KAREN AUSTIN �, `rl' Ypn 6 CLAIMANT' S ADDRESS: 1298 Broadway Walnut Creek, CA JUL 7 1987 8 ADDRESS TO WHICH NOTICES ARE TO BE SENT: LYNN A. ALTSHULER 9 CASE, FORD, ATKINSON & BURLAND _ Attorneys at Law 10 550 California Street,Suite 100.0. San Francisco, CA 94104 11 12 PLACE OF OCCURRENCE: Sidewalk in front of 1298 Broadway, Walnut Creek. 13 14 DATE OF OCCURRENCE: December 26 , 1986 15 16 CIRCUMSTANCES GIVING RISE TO THIS CLAIM: 17 On or about April 14 , 1987 , plaintiff ARTELLA SOLARI 18 filed a Complaint for Damages in Action No. C39894 in the 19 Municipal Court of Contra Costa County, Walnut Creek-Danville 20 Judicial District. This Complaint was served upon claimant Karen 21 Austin on May 25 ; 1987. 22 23 ITEMS OF DAMAGE: 24 Claimant seeks equitable indemnity and contribution 25 rom the City of Walnut Creek for those damages sought against 26 claimant. by Artella Solari in Action No. C39894 , the amount of 27 which are alleged to be general damages, special damages and 28 osts in the amount of $25 ,000. Claimant will amend this claim- -Page One of Two- e 1 as these damages become known. 2 DATED: July 15, 1987 CASE, FORD, ATKINSON & BURLAND 3 4 By: LYNN ,'A. 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 1 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. 5 On ..........q!41X..1.6, 1987 1 served the within ......................... _ (DATE( 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: 11Board 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 is/ Maud Rendon '� l 26 ..................................................................................................... (TYPE OR PRINT NAME) / / SIGNATURE 27 28 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Augu s t 25 , 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 upervisors (Paragraph IV below), given pursuant to Gover - $?$ !ode Amount: Unspecified Section 913 and 915.4. Please note all "Warpings":'� CCc:ri DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF J# S J� `� CLAIMANT: 9�'� c/o Fisher & Hurst ATTORNEY: Attn: Stephen C. Kenney, Esq. (Christopher Cadyf`l CC,Moris Davidovitz , Esq-Date received 5 ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29 , 1987 Transmittal 25th Floor San Francisco, CA 94111-413;y MAIL POSTMARKED: July 23 , 1987 Certified P 017967989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ��IL gATCHELOR, Clerk DATED: July 31 , 1987 : Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (�>J This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ��i/�j7 �(� /�` � BY: i Deputy County Counsel X III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (X ) This Claim is rejected in full. (��) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: AUG 2 5 1987 PHIL BATCHELOR, Clerk, 8y ` Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally 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 6 X987 BY: PHIL BATCHELOR ELO by i� � Deputy Clerk CC: County Counsel County Administrator STEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. LAW OFFICES OF [Lx.L.;,CEEIT% VB 1 FISHER 8 HURST FOUR EMBARCADERO CENTER JU 1987 2 SAN FRANCISCO. CALIFORNIA 94111 TELEPHONE (415) 956-8000 / ` da 3 r 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, 6 as the Executrix of the ESTATE OF JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) 12 THE ESTATE OF JAMES M. GRAHAM, ) CLAIM FOR INDEMNITY 13 Claimant, ) 14 V. ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent. ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is 23 as follows : 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 2. The post office address to which claimant desires notice of this claim to be sent is as follows: 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Christopher Cady claims to have suffered q damages arising out of personal injury and/or bodily injury and/or death from the crash, which occurred at the Sun Valley 10 Mall, located in the County of Contra Costa, County of Contra Costa, California. 11 4. The County of Contra Costa is responsible for the 12 design, construction, maintenance, operation, and certification of the Concord Buchanan Airport, and control of 13 its use. The County of Contra Costa is further responsible for the certification, permission, approval, and the provision 14 of zoning and ordinances permitting the construction of the Sun Valley Mall, attracting a great number of persons, in 15 close proximity to the Buchanan Field Airport, and below and directly within a heavily traveled air corridor in the 16 vicinity of the airport. 17 5. On June 1, 1987, a a Master Consolidated Complaint for Damages on behalf of all personal injury and wrongful 18 death plaintiffs was filed in the Superior Court of the State of California, In and For the County of Contra Costa, Judicial 19 Council Coordination Proceeding No. 2026, under title of SUN VALLEY AIR CRASH CASES. In said Complaint, plaintiff, 20 Christopher Cady alleges, inter alia, that on December 23, 1985, decedent James M. Graham and others negligently operated 21 and controlled the subject aircraft, causing it to crash while attempting a landing at the Concord Buchanan Airport. Said 22 complaint was served upon claimant, Estate of Graham, on or about June 25, 1987. 23 24 25 26 -2- 1 6 . If, in fact, said plaintiff Christopher Cady sustained damages as alleged in said Complaint, said damages 2 were caused by the primary and active negligence, creation and/or maintenance of a dangerous condition of public property 3 or other fault of the County of Contra Costa. Claimant, therefore, alleges that it is entitled as a matter of law to 4 indemnity from the County, of Contra Costa for any judgment or settlement in favor of plaintiff Christopher Cady together 5 with claimant' s attorneys ' fees and costs . 6 7. Further, if claimant is liable to said plaintiff, Christopher Cady it will be because of the comparative 7 negligence, creation and/or maintenance of a dangerous condition of public property or other fault of the County of 8 Contra Costa. Accordingly, claimant alleges that the County of Contra Costa is required by law to contribute to the amount 9 of any judgment or settlement in favor of said plaintiff, in accordance with the comparative degree and nature of its fault 10 in causing said plaintiff ' s damages, if any, and is required to reimburse and indemnify and hold claimant harmless for the 11 amount of any such judgment or settlement which is in excess of claimant ' s proportional share thereof, if any, as 12 determined by the comparative degree and nature of the respective fault in causing plaintiff ' s damages, if any. 13 8 . As of the date of the filing of this claim, the 14 extent of the damages and injuries incurred by said plaintiff in the above-mentioned action is unknown to claimant, and will 15 be determined in the aforementioned, pending litigation. 16 9 • At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 17 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant. 18 10 . At the time of the presentation of this claim, 19 claimant seeks the total amount of potential recovery by plaintiff in said Judicial Council Coordination Proceeding, 20 21 22 23 24 25 26 -3- c I (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney' s fees it may suffer as a result 3 of the complaint brought by said plaintiff, against claimant, in said Judicial Council Coordination Proceeding. 4 DATED: July , 1987. 5 FISHER & HURST 7 BY• .e � � _ 8 •MORIS DAV DOVITZ, Attorneys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -4- CLAIM ' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed Ly) BOARD ACTION the Board of Supervisors, Routing Endorsements. ) NOTICE TO CLAIMANT August 25, 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is yo notice of California Government Codes. ) the action taken on your claim by the Board orStiAq�isors (Paragraph IV below), given pursuant to Government dIPC.�f n Amount: Unspecified Section 913 and 915.4. Please note all y"War'riuo'� CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JA�1Bz?tJ Ai c/o Fisher & Hurst (Marcus Green) (.� 915 Kenney,Attn: Stephen C. y, Es q Moris Davidovitz, Esq-Date received ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29 , 1987 Transmittal 25th Floor San Francisco, CA 94111-413;; MAIL POSTMARKED: July 23 , 1987 Certified P 017967989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �dIL gATCHELOR, Clerk DATED: July 31 , 1987 : 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: =' j�" BY: f �/� -„� �� �l� / ^ Deputy County Counsel 6 v III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present X) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: AUG 2 5 1987 PHIL BATCHELOR, Clerk, 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: A U G 2 6 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator STEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. LAW OFFICES OFCEj'VED 1 FISHER 8 HURST FOUR EMBARCADERO CENTER 2 SAN FRANCISCO, CALIFORNIA 94111 v/J(l7 TELEPHONE (413) 936-8000 GIA OR 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, 6 as the Executrix of the ESTATE OF JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) 12 THE ESTATE OF JAMES M. GRAHAM, ) CLAIM FOR INDEMNITY 13 Claimant, ) 14 v. ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent. ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is 23 as follows : 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 2. The post office address to which claimant desires notice of this claim to be sent is as follows : 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Marcus Green claims to have suffered 9 damages arising out of personal injury and/or bodily injury and/or death from the crash, which occurred at the Sun Valley 10 Mall, located in the County of Contra Costa, County of Contra Costa, California. 11 4 . The County of Contra Costa is responsible for the 12 design, construction, maintenance, operation, and certification of the Concord Buchanan Airport, and control of 13 its use. The County of Contra Costa is further responsible for the certification, permission, approval, and the provision 14 of zoning and ordinances permitting the construction of the Sun Valley Mall, attracting a great number of persons, in 15 close proximity to the Buchanan Field Airport, and below and directly within a heavily traveled air corridor in the 16 vicinity of the airport. 17 5 . On June 1, 1987, a a Master Consolidated Complaint for Damages on behalf of all personal injury and wrongful i8 death plaintiffs was filed in the Superior Court of the State of California, In and For the County of Contra Costa, Judicial 19 Council Coordination Proceeding No. 2026, under title of SUN VALLEY AIR CRASH CASES. In said Complaint, plaintiff, Marcus 20 Green alleges, inter alia, that on December 23, 1985, decedent James M. Graham and others negligently operated and controlled 21 the subject aircraft, causing it to crash while attempting a landing at the Concord Buchanan Airport. Said complaint was 22 served upon claimant, Estate of Graham, on or about June 25, 1987. 23 24 25 26 -2- 1 6 . If, in fact, said plaintiff Marcus Green sustained damages as alleged in said Complaint, said damages were caused 2 by the primary and active negligence, creation and/or maintenance of a dangerous condition of public ..property or 3 other fault of the County of Contra Costa. Claimant, therefore, alleges that it is entitled as a matter of law to 4 indemnity from the County of Contra Costa for any judgment or settlement in favor of plaintiff Marcus Green together with 5 claimant ' s attorneys ' fees and costs . 6 7. Further, if claimant is liable to said plaintiff, Marcus Green it will be because of the comparative negligence, 7 creation and/or maintenance of a dangerous condition of public property or other fault of the County of Contra Costa. 8 Accordingly, claimant alleges that the County of Contra Costa is required by law to contribute to the amount of any judgment 9 or settlement in favor of said plaintiff, in accordance with the comparative degree and nature of its fault in causing said 10 Plaintiff ' s damages, if any, and is required to reimburse and indemnify and hold claimant harmless for the amount of any 11 such judgment or settlement which is in excess of claimant's proportional share thereof, if any, as determined by the 12 comparative degree and nature of the respective fault in causing plaintiff ' s damages, if any. 13 8 . As of the date of the filing of this claim, the 14 extent of the damages and injuries incurred by said plaintiff in the above-mentioned action is unknown to claimant, and will 15 be determined in the aforementioned, pending litigation. 16 9 • At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 17 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant. 18 10 . At the time of the presentation of this claim, 19 claimant seeks the total amount of potential recovery by plaintiff in said Judicial Council Coordination Proceeding, 20 21 22 23 24 25 26 -3- 1 (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney' s fees it may suffer as a result 3 of the complaint brought by said plaintiff, against claimant, in said Judicial Council Coordination Proceeding. 4 DATED: July 7 77, 1987. 5 FISHER & HURST 6 7 BY: 8 MORIS DA OVITZ, AWtorneys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -4- CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA t Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICt TO CLAIMANT August 25, 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 Su,Re rvisors (Paragraph IV below), given pursuant to Governmertt Wk. Amount: Unspecified Section 913 and 915.4. Please note all "Warnings". --CtJn0 .. A. GRAHAM AS THE EXECUTRIX OF THE ESTATE OF JAM� CLAIMANT: ' -7yr!/�, ���' DOROTHY c/o Fisher & Hurst ATTORNEY: Attn: Stephen C. Kenney, Esq. (Deanna M. Arbelaez) E2, Moris Davidovitz, Esq-Date received ''%3 ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29 , 1987 Transmittal 25th Floor San Francisco, CA 94111-413;; MAIL POSTMARKED: July 23, 1987 Certified P 017967989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PPHH gg DATED: July 31 , 1987 BYIL DeputyLOR, Clerk 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: i Dated: ���� --l—l�—�--� BY: �C (!�!�-"�� Deputy County Counsel v � � III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. -BOARD ORDER: By unanimous vote of the Supervisors present (x) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: AUG 2 5 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 6 1987 BY: PHIL BATCHELOR by_ZLZ� Deputy Clerk CC: County Counsel County Administrator STEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. LAW OFFICES OF RECEIVED 1 FISHER 9 HURST FOUR EMBARCADERO CENTER JUL �1987 2 SAN FRANCISCO, CALIFORNIA 94111 TELEPHONE (415) 956-8000 L OR 3 , 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, 6 as the Executrix of the ESTATE OF JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) 12 THE ESTATE OF JAMES M. GRAHAM, } CLAIM FOR. INDEMNITY 13 Claimant, ) 14 V. ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent. ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is 23 as follows: 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 C/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- r , 1 2 . The post office address to which claimant desires notice of this claim to be sent is as follows : 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg . No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Deanna M. Arbelaez claims to have 9 suffered damages arising out of personal injury and/or bodily injury and/or death from the crash, which occurred at the Sun 10 Valley Mall, located in the County of Contra Costa, County of Contra Costa, California. 11 4 . The County of Contra Costa is responsible for the 12 design, construction, maintenance, operation, and certification of the Concord Buchanan Airport, and control of 13 its use. The County of Contra Costa is further responsible for the certification, permission, approval, and the provision 14 of zoning and ordinances permitting the construction of the Sun Valley Mall, attracting a great number of persons, in 15 close proximity to the Buchanan Field Airport, and below and directly within a heavily traveled air corridor in the 16 vicinity of the . airport. 17 5. On June 1, 1987, a a Master Consolidated Complaint for Damages on behalf of all personal injury and wrongful 18 death plaintiffs was filed in the Superior Court of the State of California, In and For the County of Contra Costa, Judicial 19 Council Coordination Proceeding No. 2026, under title of SUN VALLEY AIR CRASH CASES. In said Complaint, plaintiff, Deanna 20 M. Arbelaez alleges, inter a i , that on December 23, 1985, decedent James M. Graham and others negligently operated and 21 controlled the subject aircraft, causing it to crash while attempting a landing at the Concord Buchanan Airport. Said 22 complaint was served upon claimant, Estate of Graham, on or about June 25, 1987. 23 24 25 26 -2- 1 6 . If, in fact, said plaintiff Deanna M. Arbelaez sustained damages as alleged in said Complaint, said damages 2 were caused by the primary and active negligence, creation and/or maintenance of a dangerous condition of public property 3 or other fault of the County of Contra Costa. Claimant, therefore, alleges that it is entitled as a matter of law to 4 indemnity from the County of Contra Costa for any judgment or settlement in favor of plaintiff Deanna M. Arbelaez together 5 with claimant' s attorneys ' fees and costs. 6 7. Further, if claimant is liable to said plaintiff, Deanna M. Arbelaez it will be because of the comparative 7 negligence, creation and/or maintenance of a dangerous condition of public property or other fault of the County of 8 Contra Costa. Accordingly, claimant alleges that the County of Contra Costa is required by law to contribute to the amount 9 of any judgment or settlement in favor of said plaintiff, in accordance with the comparative degree and nature of its fault 10 in causing said plaintiff ' s damages, if any, and is required to reimburse and indemnify and hold claimant harmless for the 11 amount of any such judgment or settlement which is in excess of claimant' s proportional share thereof, if any, as 12 determined by the comparative degree and nature of the respective fault in causing plaintiff ' s damages, if any. 13 8, . As of the date of the filing of this claim, the 14 extent of the damages and injuries incurred by said plaintiff in the above-mentioned action is unknown to claimant, and will 15 be determined in the aforementioned, pending litigation. 16 9 . At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 17 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant. 18 10. At the time of the presentation of this claim, 19 claimant seeks the total amount of potential recovery by plaintiff in said Judicial Council Coordination Proceeding, 20 21 22 23 24 25 26 -3- 1 (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney' s fees it may suffer.. as a result 3 of the complaint brought by said plaintiff, against claimant, in said Judicial Council Coordination Proceeding. 4 DATED: July-3 1987. 5 FISHER & HURST 6 7 P r 8 MORIS DAVIDOVITZ, Attorneys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -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 ;�5, 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is youi-egt1fe of California Government Codes. ) the action taken on your claim by the Board of Supervi✓0QCjJ,, (Paragraph IV below), given pursuant to Govern ► de Amount: Unspecified Section 913 and 915.4. Please note all "1 + Ifiggs' . ' �9�J CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JAMES- - GMW, c/o Fisher & Hurst (Kenji ATTORNEY: Attn: Stephen C. Kenney, Esq. (Kenji Suzuki) Moris Davidovitz, Esq-Date received ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29 , 1987 Transmittal 25th Floor San Francisco, CA 94111-413;Y MAIL POSTMARKED: July 23, 1987 Certified P 017967989 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ��IL BATCHELOR, Clerk DATED: July _31 , 1987 : 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: z Deputy County Counsel I11. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). ' IV. BOARD ORDER: By unanimous vote of the Supervisors present �) This Claim is rejected in full. /( `) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: AUG 2 5 1987 PHIL BATCHELOR, Clerk, By �C��i , 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 216 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator i 3 STEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. LAW OFFICES OF 1 FISHER 8 HuRST FOUR EMBARCADERO CENTER JU���199r 2 SAN FRANCISCO. CALIFORNIA 94111 / Vy TELEPHONE (415) 956-8000 air ow 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, 6 as the Executrix of the ESTATE OF JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) 12 THE ESTATE OF JAMES M. GRAHAM, ) CLAIM FOR INDEMNITY 13 Claimant, ) ) 14 V. ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent. ) ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is 23 as follows : 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 2 . The post office address to which claimant desires notice of this claim to be sent is as follows : 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg . No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Kenji Suzuki claims to have suffered 9 damages arising out of personal injury and/or bodily injury and/or death from the crash, which occurred at the Sun Valley 10 Mall, located in the County of Contra Costa, County of Contra Costa, California. 11 4 . The County of Contra Costa is responsible for the 12 design, construction, maintenance, operation, and certification of the Concord Buchanan Airport, and control of 13 its use. The County of Contra Costa is further responsible for the certification, permission, approval, and the provision 14 of zoning and ordinances permitting the construction of the Sun Valley Mall, attracting a great number of persons, in 15 close proximity to the Buchanan Field Airport, and below and directly within a heavily traveled air corridor in the 16 vicinity of the airport. 17 5. On June 1, 1987, a a Master Consolidated Complaint for Damages on behalf of all personal injury and wrongful 18 death plaintiffs was filed in the Superior Court of the State of California, In and For the County of Contra Costa, Judicial 19 Council Coordination Proceeding No. 2026, under title of SUN VALLEY AIR CRASH CASES. In said Complaint, plaintiff, Kenji 20 Suzuki alleges, inter alfa, that on December 23 , 1985, decedent James M. Graham and others negligently operated and 21 controlled the subject aircraft, causing it to crash while attempting a landing at the Concord Buchanan Airport. Said 22 complaint was served upon claimant, Estate of Graham, on or about June 25, 1987. 23 24 25 26 -2- 1 6. If, in fact, said plaintiff Kenji Suzuki sustained damages as alleged in said Complaint, said damages were caused 2 by the primary and active negligence, creation and/or maintenance of a dangerous condition of public ..property or 3 other fault of the County of Contra Costa. Claimant, therefore, alleges that it is entitled as a matter of law to 4 indemnity from the County of Contra Costa for any judgment or settlement in favor of plaintiff Kenji Suzuki together with 5 claimant ' s attorneys ' fees and costs . 6 7. Further, if claimant is liable to said plaintiff, Kenji Suzuki it will be because of the comparative negligence, 7 creation and/or maintenance of a dangerous condition of public property or other fault of the County of Contra Costa. 8 Accordingly, claimant alleges that the County of Contra Costa is required by law to contribute to the amount of any judgment 9 or settlement in favor of said plaintiff, in accordance with the comparative degree and nature of its fault in causing said 10 plaintiff ' s damages, if any, and is required to reimburse and indemnify and hold claimant harmless for the amount of any 11 such judgment or settlement which is in excess of claimant' s proportional share thereof, if any, as determined by the 12 comparative degree and nature of the respective fault in causing plaintiff ' s damages, if any. 13 8 . As of the date of the filing of this claim, the 14 extent of the damages and injuries incurred by said plaintiff in the above-mentioned action is unknown to claimant, and will 15 be determined in the aforementioned, pending litigation. 16 9 • At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 17 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant. 18 10 . At the time of the presentation of this claim, 19 claimant seeks the total amount of potential recovery by plaintiff in said Judicial Council Coordination Proceeding, 20 21 22 23 24 25 26 -3- 1 (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney' s fees it may suffer as a result 3 of the complaint brought by said plaintiff, against claimant, in said Judicial Council Coordination Proceeding. 4 DATED: July2�, 1987. 5 FISHER & HURST 7 BY: 8 ORIS DAVIDOVITZ, t Urneys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -4- CLAIM BOARD OF SUPERVISO^S OF CO.'ITRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT August 25, 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 YoDervisors (Paragraph IV below), given pursuant to GovernmenDMJp C Amount: Unspecified Section 913 and 915.4. Please note all uWarnirg CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JAM%��nM1,/ �k�7 c/o Fisher & Hurst e2, C ATTORNEY: Attn: Stephen C. Kenney, Esq. (Harold Carlson) A 84553 Mori.s Davidovitz , Esq-Date received ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29, 1987 Transmittal 25th Floor San Francisco, CA 94111-413;; MAIL POSTMARKED: July 23 , 1987 Certified P 017967989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �dIL gATCHtELOR, Clerk DATED: July 31 , 1987 : Depu y L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (A 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 rlCa 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 2 5 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 26 1987 Dated: BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator STEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. CEIy�D LAW OFFICES OF 1 FISHER 8 HORST JUZc�;�987 FOUR EMBARCADERO CENTER 2 SAN FRANCISCO. CALIFORNIA 94111 T TELEPHONE (415) 956-8000 t 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, 6 as the Executrix of the ESTATE OF JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) THE ESTATE OF JAMES M. GRAHAM, ) 12 ) CLAIM FOR INDEMNITY 13 Claimant, ) ) 14 v' ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent . ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910.4 . 22 1. The name and post office address of the claimant is 23 as follows : 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 2. The post office address to which claimant desires notice of this claim to. be sent is as follows : 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Harold Carlson claims to have suffered 9 damages arising out of personal injury and/or bodily injury and/or death from the crash, which occurred at the Sun Valley 10 Mall, located in the County of Contra Costa, County of Contra Costa, California. 11 4 . The County of Contra Costa is responsible for the 12 design, construction, maintenance, operation, and certification of the Concord Buchanan Airport, and control of 13 its use. The County of Contra Costa is further responsible for the certification, permission, approval, and the provision 14 of zoning and ordinances permitting the construction of the Sun Valley Mall, attracting a great number of persons, in 15 close proximity to the Buchanan Field Airport, and below and directly within a heavily traveled air corridor in the 16 vicinity of the airport. 17 5. On June 1, 1987, a a Master Consolidated Complaint for Damages on behalf of all personal injury and wrongful 18 death plaintiffs was filed in the Superior Court of the State of California, In and For the County of Contra Costa, Judicial 19 Council Coordination Proceeding No. 2026, under title of SUN VALLEY AIR CRASH CASES. In said Complaint, plaintiff, Harold 20 Carlson alleges, inter alia, that on December 23, 1985, decedent James M. Graham and others negligently operated and 21 controlled the subject aircraft, causing it to crash while attempting a landing at the Concord Buchanan Airport. Said 22 complaint was served upon claimant, Estate of Graham, on or about June 25, 1987. 23 24 25 26 -2- 1 6 . If, in fact, said plaintiff Harold Carlson sustained damages as alleged in said Complaint, said damages were caused 2 by the primary and active negligence, creation and/or maintenance of a dangerous condition of public property or 3 other fault of the County of Contra Costa. Claimant, therefore, alleges that it is entitled as a matter of law to 4 indemnity from the County of Contra Costa for any judgment or settlement in favor of plaintiff Harold Carlson together with 5 claimant 's attorneys ' fees and costs. 6 7. Further, if claimant is liable to said plaintiff, Harold Carlson it will be because of the comparative 7 negligence, creation and/or maintenance of a dangerous condition of public property or other fault of the County of 8 Contra Costa. Accordingly, claimant alleges that the County of Contra Costa is required by law to contribute to the amount 9 of any judgment or settlement in favor of said plaintiff, in accordance with the comparative degree and nature of its fault 10 in causing said plaintiff ' s damages, if any, and is required to reimburse and indemnify and hold claimant harmless for the 11 amount of any such judgment or settlement which is in excess of claimant ' s proportional share thereof, if any, as 12 determined by the comparative degree and nature of the respective fault in causing plaintiff ' s damages, if any. 13 8 . As of the date of the filing of this claim, the 14 extent of the damages and injuries incurred by said plaintiff in the above-mentioned action is unknown to claimant, and will 15 be determined in the aforementioned, pending litigation. 16 9 . At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 17 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant. 18 10 . At the time of the presentation of this claim, 19 claimant seeks the total amount of potential recovery by plaintiff in said Judicial Council Coordination Proceeding, 20 21 22 23 24 25 26 -3- 1 (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney's fees it may suffer as a result 3 of the complaint brought by said plaintiff, against claimant, in said Judicial Council Coordination Proceeding. 4 DATED: July'L-, 1987. 5 FISHER & nu"' 6 � o 7 BY* 8 MORIS DAVIDOVITZ, Att rneys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -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 25 , 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�P, Uu CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JAMES- M. c/o Fisher & Hurst ATTORNEY: Attn: Stephen C. Kenney, Esq. (Betty Crater) UG n ' 198I Moris Davidovitz, Esq-Date received Marfil7e? ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29, 1987 TrilxA7J 25th Floor San Francisco, CA 94111-413;; MAIL POSTMARKED: July 23 , 1987 Certified P 017967989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL BATCHELOR, Clerk DATED: July 31 , 1987 fib: 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: ^- ,� . / puty County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present X) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: AUG 2 5 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. AUG 26 1987 Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator r STEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. RECEIVED LAW OFFICES OF 1 FISHER 8 HURST JULa� 1987 FOUR EMBARCADERO CENTER 2 SAN FRANCISCO. CALIFORNIA 94111 T OR TELEPHONE (415) 956-8000 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, 6 as the Executrix of the ESTATE OF JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) 12 THE ESTATE OF JAMES M. GRAHAM, ) CLAIM FOR INDEMNITY 13 Claimant, ) 14 v. ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent. ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is 23 as follows : 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 2 . The post office address to which claimant desires notice of this claim to be sent is as follows : 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23 , 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg . No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Betty Crater claims to have suffered 9 damages arising out of personal injury and/or bodily injury and/or death from the crash, which occurred at the Sun Valley 10 Mall, located in the County of Contra Costa, County of Contra Costa, California. 11 4 . The County of Contra Costa is responsible for the 12 design, construction, maintenance, operation, and certification of the Concord Buchanan Airport, and control of 13 its use. The County of Contra Costa is further responsible for the certification, permission, approval, and the provision 14 of zoning and ordinances permitting the construction of the Sun Valley Mall, attracting a great number of persons, in 15 close proximity to the Buchanan Field Airport, and below and directly within a heavily traveled air corridor in the 16 vicinity of the airport. 17 5 . On June 1, 1987, a a Master Consolidated Complaint for Damages on behalf of all personal injury and wrongful 18 death plaintiffs was filed in the Superior Court of the State of California, In and For the County of Contra Costa, Judicial 19 Council Coordination Proceeding No. 2026, under title of SUN VALLEY AIR CRASH CASES. In said Complaint, plaintiff, Betty 20 Crater alleges, inter alia, that on December 23, 1985, decedent James M. Graham and others negligently operated and 21 controlled the subject aircraft, causing it to crash while attempting a landing at the Concord Buchanan Airport. Said 22 complaint was served upon claimant, Estate of Graham, on or about June 25, 1987. 23 24 25 26 -2- 1 6 . If, in fact, said plaintiff Betty Crater sustained damages as alleged in said Complaint, said damages were caused 2 by the primary and active negligence, creation and/or maintenance of a dangerous condition of public property or 3 other fault of the County of Contra Costa. Claimant, therefore, alleges that it is entitled as a matter of law to 4 indemnity from the County of Contra Costa for any judgment or settlement in favor of plaintiff Betty Crater together with 5 claimant ' s attorneys ' fees and costs . 6 7. Further, if claimant is liable to said plaintiff, Betty Crater it will be because of the comparative negligence, 7 creation and/or maintenance of a dangerous condition of public property or other fault of the County of Contra Costa. 8 Accordingly, claimant alleges that the County of Contra Costa is required by law to contribute to the amount of any judgment q or settlement in favor of said plaintiff, in accordance with the comparative degree and nature of its fault in causing said 10 plaintiff ' s damages, if any, and is required to reimburse and indemnify and hold claimant harmless for the amount of any 11 such judgment or settlement which is in excess of claimant' s proportional share thereof, if any, as determined by the 12 comparative degree and nature of the respective fault in causing plaintiff' s damages, if any. 13 8 . As of the date of the filing of this claim, the 14 extent of the damages and injuries incurred by said plaintiff in the above-mentioned action is unknown to claimant, and will 15 be determined in the aforementioned, pending litigation. 16 9 • At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 17 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant. 18 10. At the time of the presentation of this claim, 19 claimant seeks the total amount of potential recovery by plaintiff in said Judicial Council Coordination Proceeding, 20 21 22 23 24 25 26 -3- 1 (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa 'to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney' s fees it may suffer as a result 3 of the complaint brought by said plaintiff, against claimant, in said Judicial Council Coordination Proceeding. 4 DATED: July 2j, 1987. 5 FISHER & HURST 6 7 B 8 •MORIS DAVID Z, orneys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -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 2 5, 1 9 8 7 and Board Action. All Section references are to ) The copy of this document mailed to you is your nic�er� of California Government Codes. ) the action taken on your claim by the Board of SuperJl4 CD (Paragraph IV below), given pursuant to Governmentode VnS@� Amount: Unspecif ied Section 913 and 915.4. Please note all "Warpings G 0 CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JAMES- Piro eM c/o Fisher & Hurst A 94553 ATTORNEY: At Stephen C. Kenney, Esq. (Harry Tate) Moris Davidovitz ' Esq-Date received ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29, 1987 Transmittal 25th Floor San Francisco, CA 94111-413;Y MAIL POSTMARKED: July 23 , 1987 Certified P 01796798%%, I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: July 31 , 1987 ��iL �eputyLOR, Clerk Z_ w. L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. .K ( ) 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: ,�2,w C-/ � BY: )0117 11 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 25 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. Dated: A U G 2 6 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator STEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. 10 LAW OFFICES OF RECEIVED 1 FISHER 8 HURST �UL � 1 98T FOUR EMBARCADERO CENTER 7 2 SAN FRANCISCO, CALIFORNIA 94111 1 TELEPHONE (415) 956-6000 NA OR 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, 6 as the Executrix of the ESTATE OF JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) 12 THE ESTATE OF JAMES M. GRAHAM, ) CLAIM FOR INDEMNITY 13 Claimant, ) 14 V. ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent. ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910.4 . 22 1. The name and post office address of the claimant is 23 as follows : 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 2 . The post office address to which claimant desires notice of this claim to be sent is as follows : 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg . No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Harry Tate claims to have suffered 9 damages arising out of personal injury and/or bodily injury and/or death from the crash, which occurred at the Sun Valley 10 Mall, located in the County of Contra Costa, County of Contra Costa, California. it 4 . The County of Contra Costa is responsible for the 12 design, construction, maintenance, operation, and certification of the Concord Buchanan Airport, and control of 13 its use. The County of Contra Costa is further responsible for the certification, permission, approval, and the provision 14 of zoning and ordinances permitting the construction of the Sun Valley Mall, attracting a great number of persons, in 15 close proximity to the Buchanan Field Airport, and below and directly within a heavily traveled air corridor in the 16 vicinity of the airport. 17 5 . On June 1, 1987, a a Master Consolidated Complaint for Damages on behalf of all personal injury and wrongful 18 death plaintiffs was filed in the Superior Court of the State of California, In and For the County of Contra Costa, Judicial 19 Council Coordination Proceeding No. 2026, under title of SUN VALLEY AIR CRASH CASES. In said Complaint, plaintiff, Harry 20 Tate alleges, inter alfa, that on December 23, 1985, decedent James M. Graham and others negligently operated and controlled 21 the subject aircraft, causing it to crash while attempting a landing at the Concord Buchanan Airport. Said complaint was 22 served upon claimant, Estate of Graham, on or about June 25, 1987. 23 24 25 26 -2- .Y 1 6 . If, in fact, said plaintiff Harry Tate sustained damages as alleged in said Complaint, said damages were caused 2 by the primary and active negligence, creation and/or maintenance of a dangerous condition of public .. property or 3 other fault of the County of Contra Costa. Claimant, therefore, alleges that it is entitled as a matter of law to 4 indemnity from the County of Contra Costa for any judgment or settlement in favor of plaintiff Harry Tate together with 5 claimant ' s attorneys ' fees and costs. 6 7. Further, if claimant is liable to said plaintiff, Harry Tate it will be because of the comparative negligence, 7 creation and/or maintenance of a dangerous condition of public property or other fault of the County of Contra Costa. 8 Accordingly, claimant alleges that the County of Contra Costa is required by law to contribute to the amount of any judgment 9 or settlement in favor of said plaintiff, in accordance with the comparative degree and nature of its fault in causing said 10 plaintiff 's damages, if any, and is required to reimburse and indemnify and hold claimant harmless for the amount of any 11 such judgment or settlement which is in excess of claimant' s proportional share thereof, if any, as determined by the 12 comparative degree and nature of the respective fault in causing plaintiff ' s damages, if any. 13 8 . As of the date of the filing of this claim, the 14 extent of the damages and injuries incurred by said plaintiff in the above-mentioned action is unknown to claimant, and will 15 be determined in the aforementioned, pending litigation. 16 9 • At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 17 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant . 18 10. At the time of the presentation of this claim, 19 claimant seeks the total amount of potential recovery by plaintiff in said Judicial Council Coordination Proceeding, 20 21 22 23 24 25 26 -3- • 1 • * I • 1 (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney' s fees it may suffer as a result 3 of the complaint brought by said plaintiff, against claimant, in said Judicial Council Coordination Proceeding. 4 DATED: July 2 3, 1987. 5 FISHER & HURST 6 7 BY: 8 ORIS DAVIDOVZTf, AttOrneys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -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 25 , 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 -Marni milit CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JAMES- M. se/ c/o Fisher & HurstAl/� I► 1 At Ste Kenney,hen C. (Timothy E. Wood) 1987 ATTORNEY: P y Esq. 3,q, e Moris Davidovitz, Esq-Date received Z, CA ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29, 1987 TranAffiftal 25th Floor San Francisco, CA 94111-413;y MAIL POSTMARKED: July 23 , 1987 Certified P 017967989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �dIL gATCHELOR, Clerk DATED: July 31 , 1987 : Deputy L. Hall I1. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. (' \) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �� S� BY: //ice Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (�) This Claim is rejected in full. (/ \) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. AUG 2 5 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. Dated: AUG 2 6 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator T I STEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. eEIVED LAW OFFICES OF JUL 1987 1 FISHER 8 HURST S I FOUR EMBARCADERO CENTER 2 SAN FRANCISCO, CALIFORNIA 94111 TELEPHONE (418) 966-8000 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, 6 as the Executrix of the ESTATE OF JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) THE ESTATE OF JAMES M. GRAHAM, ) 12 ) CLAIM FOR INDEMNITY 13 Claimant, ) ) 14 v. ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent. ) ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910.4 . 22 1. The name and post office address of the claimant is 23 as follows : 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 2. The post office address to which claimant desires notice of this claim to be sent is as follows: 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23 , 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Timothy E. Wood claims to have suffered 9 damages arising out of personal injury and/or bodily injury and/or death from the crash, which occurred at the Sun Valley 10 Mall, located in the County of Contra Costa, County of Contra Costa, California. 11 4 . The County of Contra Costa is responsible for the 12 design, construction, maintenance, operation, and certification of the Concord Buchanan Airport, and control of 13 its use. The County of Contra Costa is further responsible for the certification, permission, approval, and the provision 14 of zoning and ordinances permitting the construction of the Sun Valley Mall, attracting a great number of persons, in 15 close proximity to the Buchanan Field Airport, and below and directly within a heavily traveled air corridor in the 16 vicinity of the airport. 17 5 . On June 1, 1987, a a Master Consolidated Complaint for Damages on behalf of all personal injury and wrongful 18 death plaintiffs was filed in the Superior Court of the State of California, In and For the County of Contra Costa, Judicial 19 Council Coordination Proceeding No. 2026, under title of SUN VALLEY AIR CRASH CASES. In said Complaint, plaintiff, Timothy 20 E. Wood alleges, inter alia, that on December 23, 1985, decedent James M. Graham and others negligently operated and 21 controlled the subject aircraft, causing it to crash while attempting a landing at the Concord Buchanan Airport. Said 22 complaint was served upon claimant, Estate of Graham, on or about June 25, 1987. 23 24 25 26 -2- 1 6. If, in fact, said plaintiff Timothy E. Wood sustained damages as alleged in said Complaint, said damages 2 were caused by the primary and active negligence, creation and/or maintenance of a dangerous condition of public property 3 or other fault of the County of Contra Costa. Claimant, therefore, alleges that it is entitled as a matter of law to 4 indemnity from the County of Contra Costa for any judgment or settlement in favor of plaintiff Timothy E. Wood together with 5 claimant 's attorneys ' fees and costs. 6 7. Further, if claimant is liable to said plaintiff, Timothy E. Wood it will be because of the comparative 7 negligence, creation and/or maintenance of a dangerous condition of public property or other fault of the County of 8 Contra Costa. Accordingly, claimant alleges that the County of Contra Costa is required by law to contribute to the amount 9 of any judgment or settlement in favor of said plaintiff, in accordance with the comparative degree and nature of its fault 10 in causing said plaintiff 's damages, if any, and is required to reimburse and indemnify and hold claimant harmless for the 11 amount of any such judgment or settlement which is in excess of claimant ' s proportional share thereof, if any, as 12 determined by the comparative degree and nature of the respective fault in causing plaintiff ' s damages, if any. 13 8. As of the date of the filing of this claim, the 14 extent of the damages and injuries incurred by said plaintiff in the above-mentioned action is unknown to claimant, and will 15 be determined in the aforementioned, pending litigation. 16 9 • At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 17 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant. 18 10 . At the time of the presentation of this claim, 19 claimant seeks the total amount of potential recovery by plaintiff in said Judicial Council Coordination Proceeding, 20 21 22 23 24 25 26 -3- r 1 (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney' s fees it may suffer as a result 3 of the complaint brought by said plaintiff, against claimant, in said Judicial Council Coordination Proceeding. 4 DATED: July Z, , 1987. 5 FISHER & HURST 6 7r BY: g MORIS DAVIDOVITZ, XEtorneys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -4- CLAIM � BOARD OF SUPERVISOR: 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 25, 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. "WarninQQunty COUn86i CLAIMANT. DOROTHY A. GRAHA21, AS THE EXECUTRIX OF THE ESTATE OF JAMES- M. �RAHAM c/o Fisher & Hurst ,I o 4. 1987 ATTORNEY. At Stephen C. Kenney, Esq. (Duane Joachim et al) q i;r�e= Cq Moris Davidovitz, Esq-Date received 94553 ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON `July 29, 1987 Transmittal 25th Floor San Francisco, CA 94111-413;; MAIL POSTMARKED: July 23 , 1987 Certified P 017967989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �aIL gATCHELOR, Clerk DATED: July 31 , 1987 : Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( j This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: C' y BY: ti'" 7 - �/ 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 KThis Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: AUG 2 5 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 Sho n e. AUG 2 6" 1� Dated: BY: PHIL BATCHELOR byDeputy Clerk CC: County Counsel County Administrator � 1 STEPHEN C. KENNEY ESQ,. MORIS DAVIDOVITZ, ESQ. n ��E D LAW OFFICES OF 1 FISHER 8 HURST JUL444 P1987 FOUR EMBARCADERO CENTER 2 SAN FRANCISCO, CALIFORNIA 94111 LOA OR TELEPHONE (415) 956-8000 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, 6 as the Executrix of the ESTATE OF JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) 12 THE ESTATE OF JAMES M. GRAHAM, ) CLAIM FOR INDEMNITY 13 Claimant, ) 14 V. ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent. ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910.4 . 22 1. The name and post office address of the claimant is 23 as follows : 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor- San Francisco, California 94111-4132 -1- 1 2. The post office address to which claimant desires notice of this claim to be sent is as follows : 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Duane Joachim and Jane Roe Joachim, his q wife, claim to have suffered damages arising out of personal injury and/or bodily injury and/or death from the crash, which 10 occurred at the Sun Valley Mall, located in the County of Contra Costa, County of Contra Costa, California. 11 4 . The County of Contra Costa is responsible for the 12 design, construction, maintenance, operation, and certification of the Concord Buchanan Airport, and control of 13 its use. The County of Contra Costa is further responsible for the certification, permission, approval, and the provision 14 of zoning and ordinances permitting the construction of the Sun Valley Mall, attracting a great number of persons, in 15 close proximity to the Buchanan Field Airport, and below and directly within a heavily traveled air corridor in the 16 vicinity of the airport. 17 5. On June 1, 1987, a a Master Consolidated Complaint for Damages on behalf of all personal injury and wrongful 18 death plaintiffs was filed in the Superior Court of the State of California, In and For the County of Contra Costa, Judicial 19 Council Coordination Proceeding No. 2026, under title of SUN VALLEY AIR CRASH CASES. In said Complaint, plaintiffs, Duane 20 Joachim and Jane Roe Joachim, his wife, allege, inter alis, that on December 23, 1985, decedent James M. Graham and others 21 negligently operated and controlled the subject aircraft, causing it to crash while attempting a landing at the Concord 22 Buchanan Airport . Said complaint was served upon claimant, Estate of Graham, on or about June 25, 1987. 23 24 25 26 -2- 1 6. If, in fact, said plaintiffs Duane Joachim and Jane Roe Joachim, his wife, sustained damages as alleged in said 2 Complaint, said damages were caused by the primary and active negligence, creation and/or maintenance of a dangerous 3 condition of public property or other fault of the County of Contra Costa. Claimant, therefore, alleges that it is 4 entitled as a matter of law to indemnity from the County of Contra Costa for any judgment or settlement in favor of 5 plaintiffs Duane Joachim and Jane Roe Joachim, his wife, together with claimant ' s attorneys ' fees and costs . 6 7. Further, if claimant is liable to said plaintiffs, 7 Duane Joachim and Jane Roe Joachim, his wife, it will be because of the comparative negligence, creation and/or 8 maintenance of a dangerous condition of public property or other fault of the County of Contra Costa. Accordingly, 9 claimant alleges that the County of Contra Costa is required by law to contribute to the amount of any judgment or 10 settlement in favor of said plaintiffs, in accordance with the comparative degree and nature of its fault in causing said it Plaintiffs ' damages, if any, and is required to reimburse and indemnify and hold claimant harmless for the amount of any 12 such judgment or settlement which is in excess of claimant' s proportional share thereof, if any, as determined by the 13 comparative degree and nature of the respective fault in causing plaintiffs ' damages, if any. 14 8 . As of the date of the filing of this claim, the 15 extent of the damages and injuries incurred by said plaintiffs in the above-mentioned action is unknown to claimant, and will 16 be determined in the aforementioned, pending litigation. 17 9 . At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 18 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant. 19 10 . At the time of the presentation of this claim, 20 claimant seeks the total amount of potential recovery by plaintiffs in said Judicial Council Coordination Proceeding, 21 22 23 24 25 26 -3- J r 1 (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney' s fees it may suffer as a result 3 of the complaint brought by said plaintiffs, against claimant, in said Judicial Council Coordination Proceeding. 4 DATED: July 23, 1987. 5 FISHER & HURST --------- - BY: 8 ORIS DAVIDOVITZ, Attorneys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -4- CLAIM t BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed Dy) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Augu s t 25 , 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: DAVID CORRAL c/o Justin A. Roberts ATTORNEY: Law Offices of Justin A. Roberts 990 Moraga Road, #C Date received Lafayette, CA 94549 July 29 , 1987 ADDRESS: y BY DELIVERY TO CLERK ON BY MAIL POSTMARKED: July 28 , 1987 Certified P 504 138 984 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL BATCHELOR, Clerk DATED: August 3 , 1987 ��: 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 j III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present X) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. AUG 2 5 1987 o 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 6 1987 Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 'LAW OFFICES OF JUSTIN A. ROBERTS JUSTIN A.ROBERTS 990 MORAGA ROAD. SUITE C TELEPHONE - POST OFFICE BOX 876 RTFPHF.N J.PITRTILL LAFAYETTE.CALIFORNIA 94549 (415)gM-48M July 28 , 1987 CERTIFIED MAIL NO. 504 138 984 RETURN RECEIPT REQUESTED Board of Supervisors Clerk G * County of Contra Costa 651 Pine Street Martinez, California 94553 1UL a� Re : David Corral Dear Sir/Madam: David Corral hereby makes claim against Merrithew Memorial Hospital and Clinics for the sum of One Million Dollars ($1,000,000.00) and makes the following statements in support of his claim: a. Claimant' s address is 1918 Dunn Avenue, Richmond, California 94801. b. Notices concerning the claim should be sent to the Law Offices of Justin A. Roberts, c/o Justin A. Roberts, Esq. , 990 Moraga Road, Suite C, Lafayette, California 94549. Telephone : (415) 283-4880. C. The date and place of the occurrence giving rise to this claim are that in or about August, 1986, claimant, David Corral, - was admitted to Merrithew Memorial Hospital and Clinics for an operation commonly referred to as a right inguinal. herniorraphy, i.e, a hernia operation. At said time and place and all times thereafter, agents and/or employees of Merrithew Memorial Hospital and Clinics failed to properly examine, diagnose, test, treat, or otherwise tend to the condition of claimant, David Corral in a manner consistent with the standard of care. As a proximate result of said failure of examination, diagnosis, testing and treatment, claimant, David Corral, has suffered damage to the nerves and surrounding tissues, or other structures, and other damages, to and related to claimant' s mid- section and body. Claimant had no way of discovering that said damage was caused by said agents and/or employees of Merrithew Memorial Hospital and Clinics until on or after April 20, 1987 , when claimant retained other health care professionals and was r S' Board of Supervisors Clerk July 28, 1987 Page Two Re : David Corral advised at that time that the surgery above referenced had caused damage to his nerves, and related structures in the area of . the hernia operation. d. A general description of the injury or damage includes serious and severe pain and suffering of the mid- section caused by severing of nerves, nerve tissue, and _ surrounding structures, inability to move normally and other � . damages, including inability to function normally, work, and enjoy life. e. The name or names of the public employee or employees causing the injury, damage or loss are not known at present. f. The amount of this claim is One Million Dollars ($1,000,000.00) . The basis of the above amount includes medical expenses to date, future medical expenses, loss of wages, future loss of wages, and all special and general damages as allowed by law. stin A. Roberts n Behalf of Claimant David Corral JAR:cv CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 4 Y Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements,' ) NOTICE TO CLAIMANT Au u s t 25, 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: Iinspecifi•ed Section 913 and 915.4. Please note all "Warntft0) ty c CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JAMES M GRA��4Ps, c/o Fisher & Hurst r Nl/r 0 19 ATTORNEY: At Stephen C. Kenney, Esq. (Gay Lodge , et alfallins 8I Moris Davidovitz , Esq-Date received 2' CA9��� ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29 , 1987 TranSgal 25th Floor San Francisco, CA 94111-413;y MAIL POSTMARKED: July 23 , 1987 Certified P 017967989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �bIL BATCHELOR, Clerk _ < DATED: July 31 , 1987 : Deputy ` L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (k This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. (� �) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. AUG 2 5 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 ttlas shown above. Dated: AUG G U 19R? BY: PHIL BATCHELOR by L Deputy Clerk CC: County Counsel County Administrator STEPHEN C. KENNEY, -ESQ. MORIS DAVIDOVITZ, ESQ. gEcEIVD LAW OFFICES OF JU /�7 198 1 FISHER 8 HURST u` /A111 FOUR EMBARCADERO CENTER 2 SAN FRANCISCO, CALIFORNIA 94111 TELEPHONE (415) 956.8000 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, 6 as the Executrix of the ESTATE OF JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) 12 THE ESTATE OF JAMES M. GRAHAM, ) LAIM FOR INDEMNITY 13 Claimant, ) ) v. ) 14 ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent. ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is 23 as follows: 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER &HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 2. The post office address to which claimant desires notice of this claim to be sent is as follows: 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Gary Lodge, Andy Lodge, Christina Lodge, 9 a minor by and through her Guardian Ad Litem Andy Lodge; Julie Lodge, a minor by and through her Guardian Ad Litem, Andy 10 Lodge,claim to have suffered damages arising out of personal injury and/or bodily injury and/or death from the crash, which 11 occurred at the Sun Valley Mall, located in the County of Contra Costa, County of Contra Costa, California. 12 4 . The County of Contra Costa is responsible for the 13 design, construction, maintenance, operation, and certification of the Concord Buchanan Airport, and control of 14 its use. The County of Contra Costa is further responsible for the certification, permission, approval, and the provision 15 of zoning and ordinances permitting the construction of the Sun Valley Mall, attracting a great number of persons, in 16 close proximity to the Buchanan Field Airport, and below and directly within a heavily traveled air corridor in the 17 vicinity of the airport. 18 5. On June 1, 1987, a a Master Consolidated Complaint for Damages on behalf of all personal injury and wrongful 19 death plaintiffs was filed in the Superior Court of the State of California, In and For the County of Contra Costa, Judicial 20 Council Coordination Proceeding No. 2026, under title of SUN VALLEY AIR CRASH CASES. In said Complaint, plaintiffs, Gary 21 Lodge, Andy Lodge, Christina Lodge, a minor by and through her Guardian Ad Litem Andy Lodge; Julie Lodge, a minor by and 22 through her Guardian Ad Litem, Andy Lodge,allege, inter alia, that on December 23, 1985, decedent James M. Graham and others 23 negligently operated and controlled the subject aircraft, causing it to crash while attempting a landing at the Concord 24 Buchanan Airport. Said complaint was served upon claimant, Estate of Graham, on or about June 25, 1987. 25 26 -2- 1 6. If, in fact, said plaintiffs Gary Lodge, Andy Lodge, Christina Lodge, a minor by and through her Guardian Ad Litem 2 Andy Lodge; Julie Lodge, a minor by and through her Guardian Ad Litem, Andy Lodge, sustained damages as alleged in said 3 Complaint, said damages were caused by the primary and active negligence, creation and/or maintenance of a dangerous 4 condition of public property or other fault of the County of Contra Costa. Claimant, therefore, alleges that it is 5 entitled as a matter of law to indemnity from the County of Contra Costa for any judgment or settlement in favor of 6 plaintiffs Gary Lodge, Andy Lodge, Christina Lodge, a minor by and through her Guardian Ad Litem Andy Lodge; Julie Lodge, a 7 minor by and through her Guardian Ad Litem, Andy Lodge, together with claimant ' s attorneys ' fees and costs. 8 7. Further, if claimant is liable to said plaintiffs, 9 Gary Lodge, Andy Lodge, Christina Lodge, a minor by and through her Guardian Ad Litem Andy Lodge; Julie Lodge, a minor 10 by and through her Guardian Ad Litem, Andy Lodge, it will be because of the comparative negligence, creation and/or 11 maintenance of a dangerous condition of public property or other fault of the County of Contra Costa. Accordingly, 12 claimant alleges that the County of Contra Costa is required by law to contribute to the amount of any judgment or 13 settlement in favor of said plaintiffs, in accordance with the comparative degree and nature of its fault in causing said 14 Plaintiffs ' damages, if any, and is required to reimburse and indemnify and hold claimant harmless for the amount of any 15 such judgment or settlement which is in excess of claimant's proportional share thereof, if any, as determined by the 16 comparative degree and nature of the respective fault in causing plaintiffs ' damages, if any. i7 8 . As of the date of the filing of this claim, the 18 extent of the damages and injuries incurred by said plaintiffs in the above-mentioned action is unknown to claimant, and will 19 be determined in the aforementioned, pending litigation. 20 9 . At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 21 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant. 22 10. At the time of the presentation of this claim, 23 claimant seeks the total amount of potential recovery by plaintiffs in said Judicial Council Coordination Proceeding, 24 25 26 -3- 1 (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney's fees it may suffer as a result 3 of the complaint brought by said plaintiffs, against claimant, in said Judicial Council Coordination Proceeding. 4 DATED: July %3, 1987. 5 FISHER & HURST , 6 7 8 MORIS DAVIDOVITZ, ttorneys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -4- CLAIM f BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Age4nst the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT August 25 , 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: $500 , 000- 00 Section 913 and 915.4. Please note all "�larnings". co CLAIMANT: DAVID DARASOUK unty COUnsel c/o Peter Dodd ATTORNEY: 3707 Bissell Avenue Ma AUG (J ' 1987 Richmond, CA 94805 Date received rt July Jul 29 , 1�� ' CA 94553 ADDRESS: BY DELIVERY TO CLERK ON BY MAIL POSTMARKED: July 28 , 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: g BY Au August 3 , 1987 PpHHIL BATCHELOR, Clerk : 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: //21 j 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. BOLA/RD ORDER: By unanimous vote of the Supervisors present (�( ) This Claim is rejected in full. Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: AUG 2 5 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 Claimantaddressed to the claimant as shown above. AUG 2 6 1987 Dated: BY: PHIL BATCHELOR by V1 ,5rALeputy Clerk CC: County Counsel County Administrator RECEIVED CLAIM AGAINST PUBLIC ENTITY JUL�.a987 TO: COUNTY OF CONTRA COSTA: DAVID DARASOUK hereby makes a claim against the COUNTY OF CONTRA COSTA for the sum of $500 ,000 and makes the following statements in support of the claim: 1 . Claimant ' s post office address is 1001 - 35th Avenue, Oakland , California ; 2 . Notices concerning the claim should be sent to attorney for claimant - Peter Dodd , 3707 Bissell Avenue, Richmond , California 94805 ( 415 ) 234-7140 or ( 415 ) 652-7724 ; 3 . The date and place of the occurrence giving rise to this claim are May 23 , through May 24 , 1987 , Veteran 's Memorial Hall , 968 - 23rd Street , Richmond , Contra Costa County, California ; 4 . The circumstances giving rise to this claim are as follows: Claimant was attending a wedding reception at Veteran' s Memorial Hall when he was attacked an injured by various persons in attendance at the Hall . 5. Claimant' s injuries are nasal fracture , facial lacerations , facial contusions, concussion, injury to left eye, fracture of vertebra, injury to upper back ; 6 . The .exact extent of Claimant' s damages is unknown at this time . 7 . The claim as of this date is $500 ,000. 8 . The basis of the computation of the damages of Claimants is the - best estimate of the attorney for Claimants. 9 . The names of those employees of those responsible are as follows: a ) Those security personnel who were supposed to be on duty at the location in question at the time in question ; b) Those personnel of Contra Costa County who are responsible for the rental , lease, or donation of the use of Veteran ' s Memorial Hall and are responsible for assuring that adequate security is present for such use , and that adequate insurance in available for the protection of persons attending functions involved in the use of Veteran 's Memorial Hall. DATED: July 20 , 1987 PETER bODD, ESQ. Attorney for Claimant DAVID DARASOUK r S ' PROOF OF SERVICE BY MAIL - CCP 1013a, 2015.5 I declare that : I am employed in the County of Contra Costa, I am over the age of eighteen years and not a party to the within cause ; my business address is 3707 Bissell Avenue, Richmond, California 94805. On July 20 , 1987 , I served the within CLAIM AGAINST PUBLIC ENTITY in said action by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Richmond , California , addressed as* follows : CLERK OF THE BOARD OF SUPERVISORS Contra Costa County 651 Pine Street Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct. Executed on July 20 , 1987 , at Richmond , California. PETER DODD 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 25 , 1937 and Boa:•d 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: $202 . 65 Section 913 and 915.4. Please note all "WaPnovat y Counsel CLAIMANT: DONNA BUTTERFIELD 1 . 6667 Johnston Road �� 1987 ATTORNEY: Pleasanton, CA 94566 Date received Martinez, CA 94553 ADDRESS: BY DELIVERY TO CLERK ON July 27 , 1987 BY MAIL POSTMARKED: July 20, 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Au uSt 3 , 19$7 PpHHIL BATCHELOR, Clerk DATED: g BY: Deputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: 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: A U G 2 5 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 an Notice to Claimant, addressed to the claimant as shown above. AUG 2 6 1981 Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator • c CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions-, to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553 Cor mail to P.O. Box 911, Martinez, CA) ,. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by )Resery ' g stamps °u►�A u i e'er i RECEIVED Against the COUNTY OF CONTRA COSTA) JUL-21987 ` ) A ilk 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 $ 2-60 •<o� - SE's and in support of this claim represents as follows: T►M A r��S ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) au t,)E- -14 , 1 Cf S'j) J� ; 15 P.M, ------____-r_ ____________________________________________...___-___-_-___ 2. Where did the damage or injury occur? (Include city and conn y) A CoA-D, C o NT2A Ccr rA fou l�r't�� a�P2��, -�500Tr4 OP t+tGi-4i- O P-DA Q TU ST' 8R1 0 G•E. ------------------------------------------------------------------------ 3. How did the damage or injury occur? (Give full details use extfa, sheets if required) i� Coo" POPC) IAO 2 t�t� I��=0 _"4-T- 'SECTi OP 3 �R E2 N 7- 10Pr/0 I+Ey l+A-D 1 Edi 3u1:ST -M -rvi-vs I L C t oeti i a uT' I,-I-moi SOME' �-ARRC-� PbO'-5 OKI 'Tvr,5- t�� . f�- 1��, R v z� N G- r N T44E : 4. What particular act or omission on the part of county or digstrict 11 officers , servants or employees caused the injury or damage? -TviE QDPY0 MAAN-r6k)AW_ Q-QEWS F)AAL.Fb 7b CLt—PA T4 Q��E T kb N-Pr��Roou , Ron_K_ I Iv OIV -r��\S QARTICV 1-R 4� �f� (over) 5. What are the names of county or district officers, .se wants^o I employees causing the damage or+,injury? otir2� �o� Cout.�-ry �oa-u� MA-� N�A�uc-� ��e�ws ---- - -------------------------------------------------------------- 6. -What-d-amage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) W1q (1 �j Fk'DNT UJINUSf-� I t✓Z-� 1WA� O�4A/��}C E:o , At --- *te e oto � f-tE DR�V +�� R��7��A4#,O --------- - --------------------- 7. How was th-e--amoun- ---t claimed above computed? (Include the estimated amount of any prospective injury or damage. ) C8FfvCi1,-X-- FiQO�J9-� �T/� G�}s SivD ----N--- - -- - it --------------------------------------- 8. am-es---an-d--add-resses-------o- wnesses` doctors and hospitals. SI�4x;s7-e A,,, ----------------- ----------------------------------------- . : 9. ------- acgcJes you made on account of this accident or injury U.-�: ITEM AMOUNT Q NT� Mei Govt. Code Sec. 910.2 provides : - "The claim signed by the claimant SEND NOTICES TO: (Attorney) or b some erson on his behalf. " Name and Address of Attorney Claiman is ig ture Addres Telephone No. Telephone No. (_14/s0 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. " DATE 19 !ROMFr (NAME OF PERSON QUOTE GIVEN TO or RECEIVED FROM) ! � AODRES PMO _ QUOTE RECORDED BY JO E JOB DATE Y JOB LOCATION JOB PHONE JOB NUMBER TYPE OF WORK DESCRIPTION OFWORK L!� oe --- 09 � DD I No. - goo 'PONTIAC-TOYOTA �+ 6450 DUBLIN CT. DUBLIN,CALIFORNIA 94568 VIS IS PON T AC TOYOTA • n Ct. Phone (415) 829-7700 ERIC SCHERRER LIN, CALIFORNIA 94568 ASSISTANT SERVICE MANAGER (415)829-7700 PH NE D - — — ST � 1Z_r4s 412 PD YE/ � _JCQLOR MA Moceift R:0-T7*C__ _P REGISTRATION NO. SE AL NO. ODOMETER TIM TE PREPARED BY c.v6?&3 GG-7C)9o5_V INSURANCE CO. ADJUSTOR REPLACE REPAIR / DESCRIPTION PARTS LABOR REFINISH SUBLET TOTALS The above is an estimate based on our inspection and does not TOTAL PARTS. • • • • • • • • • • • • • •$ cover any additional parts or labor which may be required after the " work has been started. Occasionally, worn or damaged parts are TOTAL LABOR. . . . . . .. . . . . . . .$- 7' discovered which may not be evident on the first inspection. Because of this, the above prices are not guaranteed. Quotations on parts and labor are current and subject to change. TOTAL REFINISH . . . . . . . . . . . .$ AUTHORIZATION FOR REPAIR. You are hereby authorized to TOTAL SUBLET....... .. . . . . .$ )("' make the above repairs: TAX . . . . . . . . . . . . . . . . . . . . . . . .$ !Vc ' / v SIGNED: $ DATE: TOTAL................. . .. . . 1164-06703 NORICK OKLAHOMA CITY 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 25 , 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: $75 . 00 Section 913 and 915.4. Please note all "Ware6N'l _ Y Counsel CLAIMANT: RAY R. JARVIS 120 Fountainhead Court AUG 0 1' 1987 ATTORNEY: Martinez , CA 94553 Martin Date received e2, CA 94,553 ADDRESS: BY DELIVERY TO CLERK ON July 27 , 1987 BY MAIL POSTMARKED: July 23 , 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. g BY Au August 3 , 1987 PpHHIL BATCHELOR, Clerk DATED: : 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: , c 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. BOARDORDER: By unanimous vote of the Supervisors present XThis Claim is rejected in full. (ll \\) 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 N 5 1987 PHIL BATCHELOR, Clerk, ByDeputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. 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 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator rGLAII4'T0: BOARD O:' SUPERVISORS OF CONTRA C _ AdWYappiication to: -- Instructions to ClaimantC!erk of the Board Martinez.California 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of . *ction. 'Claims relating to any other cause of action must be ;-presented not later than one year after the accrual of the cause Z of action. (Sec. 911.2, Govt. Code) - , B. Claims must be filed with the Clerk of .the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public-entity, separate claims"' must be filed against each public entity. . E. Fraud. See penalty. for fraudulent claims, Penal Code Sec. 72 at end o his form. RE: Claim by�, )Reserved for Clerk's filing stamps • ; RECEIVED Against the COUNTY OF CONTRA COSTA) JUL J 987 ) or L • C- C, DISTRICT) A (Fillin 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: �. When did the damage or injury occur? (Give exact date and hour] �. W�iere- aid`tfie damage or injury occur? (Include city and county) . 3. How did the damage or injury occur? Give �ul� details, use extra . sheets if required) 4. What articular act or omission on the "'�'----"- '""'----- p Part of county or district - officers, servants or employees caused the injury or damage? r ��� �� �✓ �� /� �i P-G/�. (over) 5. What are the nzazs of county or district officers, servants or employees causing the damage or injury? �"� ��/ �✓tea Z� _ - ' � : - - 6. . What damage orfn3uries do you claim resultee? �Gfve full extent Of injuries of damages claimed. - Attach two estimates for auto j damage �}} 7Sow was the amount claime . d above computed? (Include the estimated amount of any prospective injury or damage.) =���-- ��Y � � � -���� .. �t,,,� •���,�Y��� �/may �--�,�� . !:--games end adflresses of witnestes, doctors and hospitals. _ A ---------------..�..,—,yT�--- ------- -- .------..----T--...�—T—�.--•�---Tom..*--- �. List eriNiYt�1 u made on account of this accident or injury. ITEM AMOUNT ****t4*** �*!-•!:**�:*�'•#hM.#*tt*'�*� ****!************_****!f***�***f****t!***«*tk*fir • ri - Govt. Code Sec. 910.2 provides: • - ""The claim signed by the claimant SEND NOTICES TO: (Attorney) or bV some person on his behalf." Name and'Address +of Attorney Cla ants Signature a - - -. Address ... '• •.. i r-.•r /o.--r' � . . � - J!/�J•"ff �t.l�/rE=-��Yj .�}~ C_ �b^� 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 sane if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony." . _........__. :w..•'.L....•.. -__.. _ :_".._-_"_..-_.,.......-+vim.:-a,y.,�.[:3�.a.hiee...rMoawif - - - CLAIM /, 4S t 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 25, 1981T, and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of 4;N California Government Codes. ) the action taken on your claim by the Board of Sypgrvi�,r-s .- (Paragraph IV below), given pursuant to Government 4e�(,' Amount: Unspecified section 913 and 915.4. Please note all "Warnings". '>019 ' CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JAMES- M. G� c/o Fisher & Hurst (Janet and Clorene Plowman) ``� N ATTORNEY: At Stephen C. Kenney, Esq. O'' Floris Davidovitz , Esq-Date received .ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29 , 1987 Transmittal 25th Floor San Francisco, CA 94111-413;; MAIL POSTMARKED: July 23 , 1987 Certified P 017967989 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. QQHHIL BATCHELOR, Clerk DATED: July 31 , 1987 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: f , , Dated: � . BY: �. �� ' Deputy County Counsel 11I. 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 (A) 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. L AUG 25 1957 Dated: PHIL BATCHELOR, Clerk, ByDeputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. 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 6 1981 Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator STEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. R:CEIVED] LAW OFFICES OF 1 FISHER 8 HURST ��/(/ 1987 FOUR EMBARCADERO CENTER ��4/l 2 SAN FRANCISCO. CALIFORNIA 94111 OkLon- TELEPHONE (416) 936-8000 ` 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, 6 as the Executrix of the ESTATE OF JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) 12 THE ESTATE OF JAMES M. GRAHAM, ) CLAIM FOR INDEMNITY 13 Claimant, ) ) 14 V. ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent . ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is 23 as follows : 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4.132 -1- r t , 1 2 . The post office address to which claimant desires notice of this claim to be sent is as follows : 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport . All three occupants of said aircraft were killed in the crash. Janet and Clorene Plowman claim to have 9 suffered damages arising out of personal injury and/or bodily injury and/or death from the crash, which occurred at the Sun 10 Valley Mall, located in the County of Contra Costa, County of Contra Costa, California. 11 4 . The County of Contra Costa is responsible for the 12 design, construction, maintenance, operation, and certification of the Concord Buchanan Airport, and control of 13 its use. The County of Contra Costa is further responsible for the certification, permission, approval, and the provision 14 of zoning and ordinances permitting the construction of the Sun Valley Mall, attracting a great number of persons, in 15 close proximity to the Buchanan Field Airport, and below and directly within a heavily traveled air corridor in the 16 vicinity of the airport . 17 5 . On June 1, 1987, a a Master Consolidated Complaint for Damages on behalf of all personal injury and wrongful 18 death plaintiffs was filed in the Superior Court of the State of California, In and For the County of Contra Costa, Judicial 19 Council Coordination Proceeding No. 2026, under title of SUN VALLEY AIR CRASH CASES. In said Complaint, plaintiffs, Janet 20 and Clorene Plowman allege, inter alia, that on December 23, 1985, decedent James M. Graham and others negligently operated 21 and controlled the subject aircraft, causing it to crash while attempting a landing at the Concord Buchanan Airport. Said 22 complaint was served upon claimant, Estate of Graham, on or about June 25, 1987. 23 24 25 26 -2- 1 6 . If, in fact, said plaintiffs Janet and Clorene Plowman sustained damages as alleged in said Complaint, said 2 damages were caused by the primary and active negligence, creation and/or maintenance of a dangerous condition of public 3 property or other fault of the County of Contra Costa. Claimant, therefore, alleges that it is entitled as a matter 4 of law to indemnity from the County of Contra Costa for any judgment or settlement in favor of plaintiffs Janet and 5 Clorene Plowman together with claimant ' s attorneys ' fees and costs . 6 7. Further, if claimant is liable to said plaintiffs, 7 Janet and Clorene Plowman it will be because of the comparative negligence, creation and/or maintenance of a 8 dangerous condition of public property or other fault of the County of Contra Costa. Accordingly, claimant alleges that 9 the County of Contra Costa is required by law to contribute to the amount of any judgment or settlement in favor of said 10 plaintiffs, in accordance with the comparative degree and nature of its fault in causing said plaintiffs ' damages, if 11 any, and is required to reimburse and indemnify and hold claimant harmless for the amount of any such judgment or 12 settlement which is in excess of claimant ' s proportional share thereof, if any, as determined by the comparative degree and 13 nature of the respective fault in causing plaintiffs ' damages, if any. 14 8. As of the date of the filing of this claim, the 15 extent of the damages and injuries incurred by said plaintiffs in the above-mentioned action is unknown to claimant, and will 16 be determined in the aforementioned, pending litigation. 17 9 . At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 18 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant. 19 10 . At the time of the presentation of this claim, 20 claimant seeks the total amount of potential recovery by plaintiffs in said Judicial Council Coordination Proceeding, 21 22 23 24 25 26 -3- 1 (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney' s fees it may suffer ' as a result 3 of the complaint brought by said plaintiffs, against claimant, in said Judicial Council Coordination Proceeding. 4 DATED: July ;!2, 1987. 5 FISHER & HURST — 6 7 --... - BY: 8 MORIS DAVIDO T , Attorneys l for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -4- CLAIM BOARD OF SUPcRVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Augu s t 25, 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 Gover�'mg ,Code Amount: Unspecified Section 913 and 915.4. Please note all "Warnings".�y CCU,.1 CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JAMES14'k, c/o Fisher & Hurst r6, e ATTORNEY: Attn: Stephen C. Kenney, Esq. (Carolyn White ) ,z� L1, Moris Davidovitz , Esq-Date received 945 ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29, 1987 Transmittal 25th Floor San Francisco, CA 94111-413;Y MAIL POSTMARKED: July 23 , 1987 Certified P 017967989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL gATCHELOR, Clerk DATED: July 31 , 1987 �b: Deputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: l� BYDeputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (/\) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. AUG 2 5 1987 Dated: PHIL BATCHELOR, Clerk, By G>r�C--C_/ , 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 6 1987 Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator ` t . . STEPHEN C. KENNEY, ESQ. MbRIS DAVIDOVITZ, ESQ. LAW OFFICES OF FISHER 8 HURST ����J�198?' 1 FOUR EMBARCADERO CENTER 2 SAN FRANCISCO, CALIFORNIA 94111 pq TELEPHONE (415) 956-8000 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, 6 as the Executrix of the ESTATE OF JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) 12 THE ESTATE OF JAMES M. GRAHAM, ) CLAIM FOR INDEMNITY 13 Claimant, ) 14 V. ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent. ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910.4 . 22 1. The name and post office address of the claimant is 23 as follows : 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 2 . The post office address to which claimant desires notice of this claim to be sent is as follows: 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Carolyn White claims to have suffered q damages arising out of personal injury and/or bodily injury and/or death from the crash, which occurred at the Sun Valley 10 Mall, located in the County of Contra Costa, County of Contra Costa, California. 11 4 . The County of Contra Costa is responsible for the 12 design, construction, maintenance, operation, and certification of the Concord Buchanan Airport, and control of 13 its use. The County of Contra Costa is further responsible for the certification, permission, approval, and the provision 14 of zoning and ordinances permitting the construction of the Sun Valley Mall, attracting a great number of persons, in 15 close proximity to the Buchanan Field Airport, and below and directly within a heavily traveled air corridor in the 16 vicinity of the airport. 17 5 . On June 1, 1987, a a Master Consolidated Complaint for Damages on behalf of all personal injury and wrongful 18 death plaintiffs was filed in the Superior Court of the State of California, In and For the County of Contra Costa, Judicial 19 Council Coordination Proceeding No. 2026, under title of SUN VALLEY AIR CRASH CASES. In said Complaint, plaintiff, Carolyn 20 White alleges, inter alia, that on December 23, 1985, decedent James M. Graham and others negligently operated and controlled 21 the subject aircraft, causing it to crash while attempting a landing at the Concord Buchanan Airport. Said complaint was 22 served upon claimant, Estate of Graham, on or about June 25, 1987. 23 24 25 26 -2- 1 6 . If, in fact, said plaintiff Carolyn White sustained damages as alleged in said Complaint, said damages were caused 2 by the primary and active negligence, creation and/or maintenance of a dangerous condition of public ..property or 3 other fault of the County of Contra Costa. Claimant, therefore, alleges that it is entitled as a matter of law to 4 indemnity from the County of Contra Costa for any judgment or settlement in favor of plaintiff Carolyn White together with 5 claimant ' s attorneys ' fees and costs . 6 7. Further, if claimant is liable to said plaintiff, Carolyn White it will be because of the comparative 7 negligence, creation and/or maintenance of a dangerous condition of public property or other fault of the County of 8 Contra Costa. Accordingly, claimant alleges that the County of Contra Costa is required by law to contribute to the amount q of any judgment or settlement in favor of said plaintiff, in accordance with the comparative degree and nature of its fault 10 in causing said plaintiff ' s damages, if any, and is required to reimburse and indemnify and hold claimant harmless for the 11 amount of any such judgment or settlement which is in excess of claimant' s proportional share thereof, if any, as 12 determined by the comparative degree and nature of the respective fault in causing plaintiff ' s damages, if any. 13 8 . As of the date of the filing of this claim, the 14 extent of the damages and injuries incurred by said plaintiff in the above-mentioned action is unknown to claimant, and will 15 be determined in the aforementioned, pending litigation. 16 9 • At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 17 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant . 18 10. At the time of the presentation of this claim, 19 claimant seeks the total amount of potential recovery by plaintiff in said Judicial Council Coordination Proceeding, 20 21 22 23 24 25 26 -3- I (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney' s fees it may suffer as a result 3 of the complaint brought by said plaintiff, against claimant, in said Judicial Council Coordination Proceeding. 4 DATED: July2_3, 1987. 5 FISHER & HURST' 6 8 / MORIS DAVIDOVITZ, Attorneys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -4- CLAIM //25� BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA C1aim'Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, - ) UOTICE TO CLAIMANT August 25 , 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 (Paranranh TV below), given pursuant to Govertgient Code Amount: Unspecified Section 913 and 915.4. Please note all *Warnii4,;A-it,�CC� CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JAMES/� GFA ../, c/o Fisher & Hurst �'C, 1 /9 ATTORNEY: At Steen P y� q' Stephen C. Kenney, Es (Wendy Guadagni) Moris Davidovitz , Esq-Date received ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29 , 1987 Tra �tal 25th Floor San Francisco, CA 94111-413;Y MAIL POSTMARKED: July 23 , 1987 Certified P 017967989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: July 31 , 1987 �iL BATCHELOR, Clerk 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: / "/ _ 2. 22 /_j' 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 (1( ) This Claim is rejected in full. /( �) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. AUG 2 5 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. Dated: AUG 2 6 1987 BY: PHIL BATCHELOR by Lyytr Deputy Clerk CC: County Counsel County Administrator STEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. ID LAW OFFICES OFCEj�ED 1 FISHER 8 HURST ��pp��A FOUR EMBARCADERO CENTER JUL �1V8T 2 SAN FRANCISCO. CALIFORNIA 94111 !!!!////���` / •VVVVVV TELEPHONE (415) 956-8000 OR 3 ' 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, 6 as the Executrix of the ESTATE OF JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) 12 THE ESTATE OF JAMES M. GRAHAM, ) CLAIM FOR INDEMNITY 13 Claimant, ) 14 V. ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent. ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is 23 as follows : 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- j r 1 2 . The post office address to which claimant desires notice of this claim to be sent is as follows: 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Wendy Guadagni claims to have suffered 9 damages arising out of personal injury and/or bodily injury and/or death from the crash, which occurred at the Sun Valley 10 Mall, located in the County of Contra Costa, County of Contra Costa, California. 11 4 . The County of Contra Costa is responsible for the 12 design, construction, maintenance, operation, and certification of the Concord Buchanan Airport, and control of 13 its use. The County of Contra Costa is further responsible for the certification, permission, approval, and the provision 14 of zoning and ordinances permitting the construction of the Sun Valley Mall, attracting a great number of persons, in 15 close proximity to the Buchanan Field Airport, and below and directly within a heavily traveled air corridor in the 16 vicinity of the airport. 17 5 . On June 1, 1987, a a Master Consolidated Complaint for Damages on behalf of all personal injury and wrongful 18 death plaintiffs was filed in the Superior Court of the State of California, In and For the County of Contra Costa, Judicial 19 Council Coordination Proceeding No. 2026, under title of SUN VALLEY AIR CRASH CASES. In said Complaint, plaintiff, Wendy 20 Guadagni alleges, inter alia, that on December 23, 1985, decedent James M. Graham and others negligently operated and 21 controlled the subject aircraft, causing it to crash while attempting a landing at the Concord Buchanan Airport. Said 22 complaint was served upon claimant, Estate of Graham, on or about June 25, 1987. 23 24 25 26 -2- 1 6. If, in fact, said plaintiff Wendy Guadagni sustained damages as alleged in said Complaint, said damages were caused 2 by the primary and active negligence, creation and/or maintenance of a dangerous condition of public property or 3 other fault of the County of Contra Costa. Claimant, therefore, alleges that it is entitled as a matter of law to 4 indemnity from the County of Contra Costa for any judgment or settlement in favor of plaintiff Wendy Guadagni together with 5 claimant' s attorneys ' fees and costs . 6 7. Further, if claimant is liable to said plaintiff, Wendy Guadagni it will be because of the comparative 7 negligence, creation and/or maintenance of a dangerous condition of public property or other fault of the County of 8 Contra Costa. Accordingly, claimant alleges that the County of Contra Costa is required by law to contribute to the amount q of any judgment or settlement in favor of said plaintiff, in accordance with the comparative degree and nature of its fault 10 in causing said plaintiff ' s damages, if any, and is required to reimburse and indemnify and hold claimant harmless for the 11 amount of any such judgment or settlement which is in excess of claimant' s proportional share thereof, if any, as 12 determined by the comparative degree and nature of the respective fault in causing plaintiff ' s damages, if any. 13 8 . As of the date of the filing of this claim, the 14 extent of the damages and injuries incurred by said plaintiff in the above-mentioned action is unknown to claimant, and will 15 be determined in the aforementioned, pending litigation. 16 9 • At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 17 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant. 18 10. At the time of the presentation of this claim, 19 claimant seeks the total amount of potential recovery by plaintiff in said Judicial Council Coordination Proceeding, 20 21 22 23 24 25 26 -3- 1 (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney's fees it may suffer as a result 3 of the complaint brought by said plaintiff, against claimant, in said Judicial Council Coordination Proceeding. 4 DATED: July7-3, 1987. 5 FISHER & HURST__,- —? 6 % BY• 8 MORIS DAV1B'dVITZ, torneys for Claimant, DOR THY A. q GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -4- CLAIM v BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Augu s t 25 , 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 S�rvisors (Paragraph IV below), given pursuant to Governmen -� Amount: Unspecified Section 913 and 915.4. : Please note all -Warnings". ' C'C, CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JAMS,. M W- i c/o Fisher & Hurst rf`r1&, ATTORNEY: At Stephen C. Kenney, Esq. (Kimberly Maderos) 04 Moris Davidovitz , Esq-Date received = ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29, 1987 Transmf i?al 25th Floor San Francisco, CA 94111-4134Y MAIL POSTMARKED: July 23 , 1987 Certified P 017967989 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached. is a copy of the above-noted claim. �bIL gATCHELOR, Clerk DATED: July 31 , 1987 :. Deputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: C r �' BY: � :;'� /�/'�I Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (�) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. AUG 2 5 1987 ` Dated: PHIL BATCHELOR, Clerk, By. G 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 6 1987 Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator °STEPHEN C. KENNEY, ESQ. �. MORIS DAVIDOVITZ, ESQ. RECEIVED LAW OFFICES OF ��� fj '1987 1 FISHER 8 HURST (/ACl/ 7V( FOUR EMBARCADERO CENTER T OR 2 SAN FRANCISCO, CALIFORNIA 94111 TELEPHONE (415) 956-6000 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, 6 as the Executrix of the ESTATE OF JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) 12 THE ESTATE OF JAMES M. GRAHAM, ) CLAIM FOR INDEMNITY 13 Claimant, ) ) 14 V. ) ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent. ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is 23 as follows: 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 2. The post office address to which claimant desires notice of this claim to be sent is as follows : 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Kimberly Maderos claims to have suffered q damages arising out of personal injury and/or bodily injury and/or death from the crash, which occurred at the Sun Valley 10 Mall, located in the County of Contra Costa, County of Contra Costa, California. 11 4 . The County of Contra Costa is responsible for the 12 design, construction, maintenance, operation, and certification of the Concord Buchanan Airport, and control of 13 its use. The County of Contra Costa is further responsible for the certification, permission, approval, and the provision 14 of zoning and ordinances permitting the construction of the Sun Valley Mall, attracting a great number of persons, in 15 close proximity to the Buchanan Field Airport, and below and directly within a heavily traveled air corridor in the 16 vicinity of the airport. 17 5 . On June 1, 1987, a a Master Consolidated Complaint for Damages on behalf of all personal injury and wrongful 18 death plaintiffs was filed in the Superior Court of the State of California, In and For the County of Contra Costa, Judicial 19 Council Coordination Proceeding No. 2026, under title of SUN VALLEY AIR CRASH CASES. In said Complaint, plaintiff, 20 Kimberly Maderos alleges, inter alfa, that on December 23, 1985, decedent James M. Graham and others negligently operated 21 and controlled the subject aircraft, causing it to crash while attempting a landing at the Concord Buchanan Airport. Said 22 complaint was served upon claimant, Estate of Graham, on or about June 25, 1987 . 23 24 25 26 -2- t , 1 6. If, in fact, said plaintiff Kimberly Maderos sustained damages as alleged in said Complaint, said damages 2 were caused by the primary and active negligence, creation and/or maintenance of a dangerous condition of public property 3 or other fault of the County of Contra Costa. Claimant, therefore, alleges that it is entitled as a matter of law to 4 indemnity from the County of Contra Costa for any judgment or settlement in favor of plaintiff Kimberly Maderos together 5 with claimant' s attorneys ' fees and costs . 6 7. Further, if claimant is liable to said plaintiff, Kimberly Maderos it will be because of the comparative 7 negligence, creation and/or maintenance of a dangerous condition of public property or other fault of the County of 8 Contra Costa. Accordingly, claimant alleges that the County of Contra Costa is required by law to contribute to the amount 9 of any judgment or settlement in favor of said plaintiff, in accordance with the comparative degree and nature of its fault 10 in causing said plaintiff ' s damages, if any, and is required to reimburse and indemnify and hold claimant harmless for the 11 amount of any such judgment or settlement which is in excess of claimant' s proportional share thereof, if any, as 12 determined by the comparative degree and nature of the respective fault in causing plaintiff ' s damages, if any. 13 8 . As of the date of the filing of this claim, the 14 extent of the damages and injuries incurred by said plaintiff in the above-mentioned action is unknown to claimant, and will 15 be determined in the aforementioned, pending litigation. 16 9 . At the present time, - the identity of the employee or employees of the County of Contra Costa who caused the 17 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant. 18 10. At the time of the presentation of this claim, 19 claimant seeks the total amount of potential recovery by plaintiff in said Judicial Council Coordination Proceeding, 20 21 22 23 24 25 26 -3- 1 (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney' s fees it may suffer .,as a result 3 of the complaint brought by said plaintiff, against claimant, in said Judicial Council Coordination Proceeding. 4 DATED: July Z,, 1987. 5 FISHER & HURST ---+� 6 7 �- BY.: . 8 MORIS DAVIDOVITZ, Attorneys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -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 25 , 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 Su rvisors (Paragraph IV below), given pursuant to Governmen C"- Amount: Unspecified Section 913 and 915.4. Please note all -Warnings". C060S�, CLAIMANT:. DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JAMEM�4 �t c/o Fisher & HurstKenne Es (Robert Widick) arti�e2 C, 981 ATTORNEY: At Stepheny, q 9 Floris Davidovitz, Esq .pate received ��`'� ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29, 1987 Transmittal 25th Floor San Francisco, CA 94111-413;; MAIL POSTMARKED: July 23 , 1987 Certified P 017967989 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �dIL gATCHELOR, Clerk DATED: July 31 , 1987 : Deputy L. Hall 1I. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( \) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 14 ';�Z 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. Dated: AUG 2 5 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. AUG 2 6 1987 Dated: BY: PHIL BATCHELOR by � Deputy Clerk CC: County Counsel County Administrator STEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. LAW OFFICES OF 1 FISHER 8 HURST RECEIVED FOUR EMBARCADERO CENTER 2 SAN FRANCISCO, CALIFORNIA 94111 JUL,Y1987 TELEPHONE (415) 956-6000 3 T ca 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, 6 as the Executrix of the ESTATE OF JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) 12 THE ESTATE OF JAMES M. GRAHAM, ) CLAIM FOR INDEMNITY 13 Claimant, ) 14 v. ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent. ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is 23 as follows : 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- y 1 2. The post office address to which claimant desires notice of this claim to be sent is as follows: 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Robert Widick claims to have suffered 9 damages arising out of personal injury and/or bodily injury and/or death from the crash, which occurred at the Sun Valley 10 Mall, located in the County of Contra Costa, County of Contra Costa, California. 11 4 . The County of Contra Costa is responsible for the 12 design, construction, maintenance, operation, and certification of the Concord Buchanan Airport, and control of 13 its use. The County of Contra Costa is further responsible for the certification, permission, approval, and the provision 14 of zoning and ordinances permitting the construction of the Sun Valley Mall, attracting a great number of persons, in 15 close proximity to the Buchanan Field Airport, and below and directly within a heavily traveled air corridor in the 16 vicinity of the airport. 17 5 . On June 1, 1987, a a Master Consolidated Complaint for Damages on behalf of all personal injury and wrongful 18 death plaintiffs was filed in the Superior Court of the State of California, In and For the County of Contra Costa, Judicial 19 Council Coordination Proceeding No. 2026, under title of SUN VALLEY AIR CRASH CASES. In said Complaint, plaintiff, Robert 20 Widick alleges, inter alia, that on December 23, 1985, decedent James M. Graham and others negligently operated and 21 controlled the subject aircraft, causing it to crash while attempting a landing at the Concord Buchanan Airport . Said 22 complaint was served upon claimant, Estate of Graham, on or about June 25, 1987. 23 24 25 26 -2- 1 6 . If, in fact, said plaintiff Robert Widick sustained damages as alleged in said Complaint, said damages were caused 2 by the primary and active negligence, creation and/or maintenance of a dangerous condition of public . property or 3 other fault of the County of Contra Costa. Claimant, therefore, alleges that it is entitled as a matter of law to 4 indemnity from the County of Contra Costa for any judgment or settlement in favor of plaintiff Robert Widick together with 5 claimant ' s attorneys ' fees and costs. 6 7. Further, if claimant is liable to said plaintiff, Robert Widick it will be because of the comparative 7 negligence, creation and/or maintenance of a dangerous condition of public property or other fault of the County of 8 Contra Costa. Accordingly, claimant alleges that the County of Contra Costa is required by law to contribute to the amount 9 of any judgment or settlement in favor of said plaintiff, in accordance with the comparative degree and nature of its fault 10 in causing said plaintiff ' s damages, if any, and is required to reimburse and indemnify and hold claimant harmless for the 11 amount of any such judgment or settlement which is in excess of claimant' s proportional share thereof, if any, as 12 determined by the comparative degree and nature of the respective fault in causing plaintiff ' s damages, if any. 13 8 . As of the date of the filing of this claim, the 14 extent of the damages and injuries incurred by said plaintiff in the above-mentioned action is unknown to claimant, and will 15 be determined in the aforementioned, pending litigation. 16 9 • At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 17 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant. 18 10. At the time of the presentation of this claim, 19 claimant seeks the total amount of potential recovery by plaintiff in said Judicial Council Coordination Proceeding, 20 21 22 23 24 25 26 -3- 1 (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney's fees it may suffer- as a result 3 of the complaint brought by said plaintiff, against claimant, in said Judicial Council Coordination Proceeding. 4 DATED: July Z3, 1987. 5 FISHER & HURST 6 7 BY: , : 8 MORIS DAVIDSVITZ, Att rneys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -4- CLAIM i BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Augu s t 25 , 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 Governme"de Amount: Unspecif ied Section 913 and 915.4. Please note all "Warnings". �t�` CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JAMF/S I �/� T�_- c/o Fisher & Hurst (Keith Roberson) � x4117196'j ATTORNEY: Attn: Stephen C. Kenney, Esq. `?, Cq Floris Davidovitz , Esq-Date received g � ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29 , 1987 Transmil 25th Floor San Francisco, CA 94111-4132BY MAIL POSTMARKED: July 23 , 1987 Certified P 017967989 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. P gg DATED: July 31 , 1987 BAIL DeputyLOR, Clerk L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. '( \} This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. AUG 2 5 1987PHIL BATCHELOR, Clerk, By l— �Gt Dated: Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. 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 6 1987 Deputy Clerk BY: PHIL BATCHELOR by CC: County Counsel County Administrator STEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. LAW OFFICES OF "COWL.00' 1 FISHER 8 HURl ST FOUR EMBARCADERO CENTER 1987 2 SAN FRANCISCO. CALIFORNIA 94111 JUL TELEPHONE (415) 936-8000 BAT 3 By4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, 6 as the Executrix of the ESTATE OF JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) 12 THE ESTATE OF JAMES M. GRAHAM, ) CLAIM FOR INDEMNITY 13 Claimant, ) 14 v. ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent. ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is 23 as follows : 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 2 . The post office address to which claimant desires notice of this claim to be sent is as follows : 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 field Airport. All three occupants of said aircraft were killed in the crash. Keith Roberson claims to have suffered 9 damages arising out of personal injury and/or bodily injury and/or death from the crash, which occurred at the Sun Valley 10 Mall, located in the County of Contra Costa, County of Contra Costa, California. 11 4 . The County of Contra Costa is responsible for the 12 design, construction, maintenance, operation, and certification of the Concord Buchanan Airport, and control of 13 its use. The County of Contra Costa is further responsible for the certification, permission, approval, and the provision 14 of zoning and ordinances permitting the construction of the Sun Valley Mall, attracting a great number of persons, in 15 Close proximity to the Buchanan Field Airport, and below and directly within a heavily traveled air corridor in the 16 vicinity of the airport. 17 5 . On June 1, 1987, a a Master Consolidated Complaint for Damages on behalf of all personal injury and wrongful 18 death plaintiffs was filed in the Superior Court of the State of California, In and For the County of Contra Costa, Judicial 19 Council Coordination Proceeding No. 2026, under title of SUN VALLEY AIR CRASH CASES. In said Complaint, plaintiff, Keith 20 Roberson alleges, inter alia, that on December 23, 1985, decedent James M. Graham and others negligently operated and 21 Controlled the subject aircraft, causing it to crash while attempting a landing at the Concord Buchanan Airport . Said 22 complaint was served upon claimant, Estate of Graham, on or about June 25, 1987. 23 24 25 26 -2- 1 6 . If, in fact, said plaintiff Keith Roberson sustained damages as alleged in said Complaint, said damages were caused 2 by the primary and active negligence, creation and/or maintenance of a dangerous condition of public ..property or 3 other fault of the County of Contra Costa. Claimant, therefore, alleges that it is entitled as a matter of law to 4 indemnity from the County of Contra Costa for any judgment or settlement in favor of plaintiff Keith Roberson together with 5 claimant ' s attorneys ' fees and costs. 6 7. Further, if claimant is liable to said plaintiff, Keith Roberson it will be because of the comparative 7 negligence, creation and/or maintenance of a dangerous condition of public property or other fault of the County of 8 Contra Costa. Accordingly, claimant alleges that the County of Contra Costa is required by law to contribute to the amount 9 of any judgment or settlement in favor of said plaintiff, in accordance with the comparative degree and nature of its fault 10 in causing said plaintiff 's damages, if any, and is required to reimburse and indemnify and hold claimant harmless for the 11 amount of any such judgment or settlement which is in excess of claimant' s proportional share thereof, if any, as 12 determined by the comparative degree and nature of the respective fault in causing plaintiff 's damages, if any. 13 8. As of the date of the filing of this claim, the 14 extent of the damages and injuries incurred by said plaintiff in the above-mentioned action is unknown to claimant, and will 15 be determined in the aforementioned, pending litigation. 16 9 • At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 17 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant. 18 10. At the time of the presentation of this claim, 19 claimant seeks the total amount of potential recovery by plaintiff in said Judicial Council Coordination Proceeding, 20 21 22 23 24 25 26 -3- 1 (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney' s fees it may suffer as a result 3 of the complaint brought by said plaintiff, against claimant, in said Judicial Council Coordination Proceeding. 4 DATED: JulyZ3, 1987 . 5 FISHER & HURST _. - 6 /l 7 BY, 8 ✓.BY: DAVIDOVITZ, Attorneys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -4- 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 25, 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 Li Amount: Unspecified Section 913 and 915.4. Please note all "Warnings z C;;U;1,S"( CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JAME$q� AM GRAH c/o Fisher & Hurst !� 1981 ATTORNEY: Attn: Stephen C. Kenney, Esq. (Gloria Etzler) arijne' Moris Davidovitz, Esq-Date received CA 0453 ADDRE'S: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29, 1987 Transmittal 25th Floor San Francisco, CA 94111-413;Y MAIL POSTMARKED: July 23 , 1987 Certified P 017967989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: July 31 , 1987 ��IL gep�tyLDR, Clerk L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. (/ \) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: 7 y Dated: ^,�='1 BY: �/' /r a' /� Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (�) This Claim is rejected in full. (/ `) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. AUG 2 5 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 26 1987 Dated: BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator STEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. LAW OFFICES OF RECEIVED 1 FISHER & HURST �G Q 7 FOUR EMBARCADERO CENTER JUL ' 'V8/ " SAN FRANCISCO, CALIFORNIA 94111 2 TELEPHONE (415) 956-6000 aA3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, 6 as the Executrix of the ESTATE OF JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) 12 THE ESTATE OF JAMES M. GRAHAM, ) CLAIM FOR INDEMNITY 13 Claimant, ) 14 V. ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent. ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910.4 . 22 1. The name and post office address of the claimant is 23 as follows : 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- II 1 2. The post office address to which claimant desires notice of this claim to be sent is as follows : 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Gloria Etzler claims to have suffered 9 damages arising out of personal injury and/or bodily injury and/or death from the crash, which occurred at the Sun Valley 10 Mall, located in the County of Contra Costa, County of Contra Costa, California. 11 4 . The County of Contra Costa is responsible for the 12 design, construction, maintenance, operation, and certification of the Concord Buchanan Airport, and control of 13 its use. The County of Contra Costa is further responsible for the certification, permission, approval, and the provision 14 of zoning and ordinances permitting the construction of the Sun Valley Mall, attracting a great number of persons, in 15 close proximity to the Buchanan Field Airport, and below and directly within a heavily traveled air corridor in the 16 vicinity of the airport. . 17 5 . On June 1, 1987, a a Master Consolidated Complaint for Damages on behalf of all personal injury and wrongful 18 death plaintiffs was filed in the Superior Court of the State of California, In and For the County of Contra Costa, Judicial 19 Council Coordination Proceeding No. 2026, under title of SUN VALLEY AIR CRASH CASES. In said Complaint, plaintiff, Gloria 20 Etzler alleges, inter alia, that on December 23, 1985, decedent James M. Graham and others negligently operated and 21 controlled the subject aircraft, causing it to crash while attempting a landing at the Concord Buchanan Airport. Said 22 complaint was served upon claimant, Estate of Graham, on or about June 25, 1987. 23 24 25 26 -2- 1 6. If, in fact, said plaintiff Gloria Etzler sustained damages as alleged in said Complaint, said damages were caused 2 by the primary and active negligence, creation and/or maintenance of a dangerous condition of public property or 3 other fault of the County of Contra Costa. Claimant, therefore, alleges that it is entitled as a matter of law to 4 indemnity from the County of Contra Costa for any judgment or settlement in favor of plaintiff Gloria Etzler together with 5 claimant 's attorneys ' fees and costs . 6 7. Further, if claimant is liable to said plaintiff, Gloria Etzler it will be because of the comparative 7 negligence, creation and/or maintenance of a dangerous condition of public property or other fault of the County of 8 Contra Costa. Accordingly, claimant alleges that the County of Contra Costa is required by law to contribute to the amount 9 of any judgment or settlement in favor of said plaintiff, in accordance with the comparative degree and nature of its fault 10 in causing said plaintiff ' s damages, if any, and is required to reimburse and indemnify and hold claimant harmless for the 11 amount of any such judgment or settlement which is in excess of claimant 's proportional share thereof, if any, as 12 determined by the comparative degree and nature of the respective fault in causing plaintiff ' s damages, if any. 13 8 . As of the date of the filing of this claim, the 14 extent of the damages and injuries incurred by said plaintiff in the above-mentioned action is unknown to claimant, and will 15 be determined in the aforementioned, pending litigation. 16 9 • At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 17 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant. 18 10. At the time of the presentation of this claim, 19 claimant seeks the total amount of potential recovery by plaintiff in said Judicial Council Coordination Proceeding, 20 21 22 23 24 25 26 -3- a Y a 1 (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney's fees it may suffer . as a result 3 of the complaint brought by said plaintiff, against claimant, in said Judicial Council Coordination Proceeding. 4 DATED: July Z3, 1987. 5 FISHER & HURST 7 B g •MORIS DAVIDOVITZ, Attorneys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -4- • CLAIM y BOARD OF SUPERVISORS OF%CONTRA COSTA COUNTY, CALIFORNIA Clain Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Augu s t 25, 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 GoverQvmtnWt C Amount: Unspecified Section 913 and 915.4. . Please note all "Warnings". L'�Sc?1 CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JAMES] @ A IS R AttnF1$StephenuCStKenney, Esq. (Harry Etzler) MGr`lneZ, CA 94 ,_,3 ATTORNEY: Floris Davidovitz, Esq-Date received ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29, 1987 Transmittal 25th Floor San Francisco, CA 94111-4132BY MAIL POSTMARKED: July 23 , 1987 Certified P 017967989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PeHHIL BATCHELOR, Clerk 4�/l_ DATED: July 31 , 19$7 BY: Deputy A1 L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (� This claim complies substantially with Sections 910 and 910.2. This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: QIJ De Dated: i I�1c� BY: ' puty County Counsel 0 III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (Jt) This Claim is rejected in full. ('' \\) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: AUG 2 5 1987 PHIL BATCHELOR, Clerk, By ���� Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. if you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: AUG2.6 198 BY: PHIL BATCHELOR by , Wfzll,_ Deputy Clerk CC: County Counsel County Administrator ' SII L STEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. LAW OFFICES OF 1 FISHER 8 HURST JCC FOUR EMBARCADERO CENTER �i98r 2 I$AN FRANCISCO, CALIFORNIA 94111 TELEPHONE (416) 936.6000 f 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, 6 as the Executrix of the ESTATE OF JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) 12 THE ESTATE OF JAMES M. GRAHAM, ) CLAIM FOR INDEMNITY 13 Claimant, ) 14 V. ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent. ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is 23 as follows : 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 2 . The post office address to which claimant desires notice of this claim to be sent is as follows : 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Harry Etzler claims to have suffered 9 damages arising out of personal injury and/or bodily injury and/or death from the crash, which occurred at the Sun Valley 10 Mall, located in the County of Contra Costa, County of Contra Costa, California . 11 4 . The County of Contra Costa is responsible for the 12 design, construction, maintenance, operation, and certification of the Concord Buchanan Airport, and control of 13 its use. The County of Contra Costa is further responsible for the certification, permission, approval, and the provision 14 of zoning and ordinances permitting the construction of the Sun Valley Mall, attracting a great number of persons, in 15 close proximity to the Buchanan Field Airport, and below and directly within a heavily traveled air corridor in the 16 vicinity of the airport. 17 5. On June 1, 1987, a a Master Consolidated Complaint for Damages on behalf of all personal injury and wrongful 18 death plaintiffs was filed in the Superior Court of the State of California, In and For the County of Contra Costa, Judicial 19 Council Coordination Proceeding No. 2026, under title of SUN VALLEY AIR CRASH CASES. In said Complaint, plaintiff, Harry 20 Etzler alleges, inter alia, that on December 23, 1985, decedent James M. Graham and others negligently operated and 21 controlled the subject aircraft, causing it to crash while attempting a landing at the Concord Buchanan Airport. Said 22 complaint was served upon claimant, Estate of Graham, on or about June 25, 1987. 23 24 25 26 -2- 1 6 . If, in fact, said plaintiff Harry Etzler sustained damages as alleged in said Complaint, said damages were caused 2 by the primary and active negligence, creation and/or maintenance of a dangerous condition of public , property or 3 other fault of the County of Contra Costa. Claimant, therefore, alleges that it is entitled as a matter of law to 4 indemnity from the County of Contra Costa for any judgment or settlement in favor of plaintiff Harry Etzler together with 5 claimant ' s attorneys ' fees and costs . 6 7. Further, if claimant is liable to said plaintiff, Harry Etzler it will be because of the comparative negligence, 7 creation and/or maintenance of a dangerous condition of public property or other fault of the County of Contra Costa. 8 Accordingly, claimant alleges that the County of Contra Costa is required by law to contribute to the amount of any judgment 9 or settlement in favor of said plaintiff, in accordance with the comparative degree and nature of its fault in causing said 10 Plaintiff ' s damages, if any, and is required to reimburse and indemnify and hold claimant harmless for the amount of any 11 such judgment or settlement which is in excess of claimant's proportional share thereof, if any, as determined by the 12 comparative degree and nature of the respective fault in causing plaintiff ' s damages, if any. 13 8. As of the date of the filing of this claim, the 14 extent of the damages and injuries incurred by said plaintiff in the above-mentioned action is unknown to claimant, and will 15 be determined in the aforementioned, pending litigation. 16 9 • At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 17 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant. 18 10 . At the time of the presentation of this claim, 19 claimant seeks the total amount of potential recovery by plaintiff in said Judicial Council Coordination Proceeding, 20 21 22 23 24 25 26 -3- v 1 (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney' s fees it may suffer as a result 3 of the complaint brought by said plaintiff, against claimant, in said Judicial Council Coordination Proceeding. 4 DATED: July-03, 1987. 5 FISHER & HURST 6 7 BY: 8 MORIS DIWIDOVITZ, At orneys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -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 25, 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 Governiwnt Code Amount: Unspecified Section 913 and 915.4. Please note all "Warnings'V.nty CCt.itlS,?j CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JAMES- '1.0 CEI c/o Fisher & Hurst ATTORNEY: Attn: Stephen C. Kenney, Esq. (Gina K. Bonella) Mar;' CA 945 „ Moris Davidovitz, Esq-Date received ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29, 1987 Transmittal 25th Floor San Francisco, CA 94111-413;Y MAIL POSTMARKED: July 23 , 1987 Certified P 017967989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL gATCHELOR, Clerk DATED: July 31 , 1987 �a: Deputy `L L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ,This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.6). ( ) 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: LIG BY: /'ZZ4�Z 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 2 5 1987 PHIL BATCHELOR, Clerk, By VGG , 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 6 1987 BY: PHIL BATCHELOR by 4Deputy Clerk CC: County Counsel County Administrator !TEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. LAW OFFICES OF 1U` 1 FISHER 8 HURST JUL FOUR EMBARCADERO CENTER BA 2 SAN FRANCISCO. CALIFORNIA 04111 TELEPHONE (415) 956-6000 A 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, 6 as the Executrix of the ESTATE OF JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) 12 THE ESTATE OF JAMES M. GRAHAM, ) CLAIM FOR INDEMNITY 13 Claimant, ) ) 14 V. ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent. ) ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is 23 as follows : 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- S f l• 1 2 . The post office address to which claimant desires notice of this claim to be sent is as follows : 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Gina K. Bonella claims to have suffered 9 damages arising out of personal injury and/or bodily injury and/or death from the crash, which occurred at the Sun Valley 10 Mall, located in the County of Contra Costa, County of Contra Costa, California. 11 4 . The County of Contra Costa is responsible for the 12 design, construction, maintenance, operation, and certification of the Concord Buchanan Airport, and control of 13 its use. The County of Contra Costa is further responsible for the certification, permission, approval, and the provision 14 of zoning and ordinances permitting the construction of the Sun Valley Mall, attracting a great number of persons, in 15 close proximity to the Buchanan Field Airport, and below and directly within a heavily traveled air corridor in the 16 vicinity of the airport. 17 5 . On June 1, 1987, a a Master Consolidated Complaint for Damages on behalf of all personal injury and wrongful 18 death plaintiffs was filed in the Superior Court of the State of California, In and For the County of Contra Costa, Judicial 19 Council Coordination Proceeding No. 2026, under title of SUN VALLEY AIR CRASH CASES. In said Complaint, plaintiff, Gina K. 20 Bonella alleges, inter alis, that on December 23, 1985, decedent James M. Graham and others negligently operated and 21 controlled the subject aircraft, causing it to crash while attempting a landing at the Concord Buchanan Airport. Said 22 complaint was served upon claimant, Estate of Graham, on or about June 25, 1987. 23 24 25 26 -2- 1 6 . If, in fact, said plaintiff Gina K. Bonella sustained damages as alleged in said Complaint, said damages 2 were caused by the primary and active negligence, creation and/or maintenance of a dangerous condition of public property 3 or other fault of the County of Contra Costa. Claimant, therefore, alleges that it is entitled as a matter of law to 4 indemnity from the County of Contra Costa for any judgment or settlement in favor of plaintiff Gina K. Bonella together with 5 claimant' s attorneys ' fees and costs. 6 7. Further, if claimant is liable to said plaintiff, Gina K. Bonella it will be because of the comparative 7 negligence, creation and/or maintenance of a dangerous condition of public property or other fault of the County of 8 Contra Costa. Accordingly, claimant alleges that the County of Contra Costa is required by law to contribute to the amount q of any judgment or settlement in favor of said plaintiff, in accordance with the comparative degree and nature of its fault 10 in causing said plaintiff ' s damages, if any, and is required to reimburse and indemnify and hold claimant harmless for the 11 amount of any such judgment or settlement which is in excess of claimant' s proportional share thereof, if any, as 12 determined by the comparative degree and nature of the respective fault in causing plaintiff ' s damages, if any. 13 8 . As of the date of the filing of this claim, the 14 extent of the damages and injuries incurred by said plaintiff in the above-mentioned action is unknown to claimant, and will 15 be determined in the aforementioned, pending litigation. 16 9 • At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 17 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant . 18 10 . At the time of the presentation of this claim, 19 claimant seeks the total amount of potential recovery by plaintiff in said Judicial Council Coordination Proceeding, 20 21 22 23 24 25 26 -3- I (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney' s fees it may suffer ..as a result 3 of the complaint brought by said plaintiff, against. claimant, in said Judicial Council Coordination Proceeding. 4 DATED: July "Zj; 1987. 5 FISHER & HURST 6 7 BY: 8 MORIS DAVIDOVITZ, torneys i for Claimant, DORO HY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -4- CLAIM a 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 25, 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 GovernnkidjCq�e Amount: Unspecified Section 913 and 915.4. : Please note all "Warnings". Coil; S , CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JAMES- AUSs� AttnFisSte StephenC. Esq. (Dula Schultz) !`�ar<jne�, CA 94 _^^. ATTORNEY: P y 6u� Moris Davidovitz , Esq-Date received ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29, 1987 Transmittal 25th Floor San Francisco, CA 94111-413;; MAIL POSTMARKED: July 23 , 1987 Certified P 017967989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL gATCHELOR, Clerk DATED: July 31 , 1987 �q: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: l- BY: ��. �` , uty County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: AUG 2 5 198 7 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 claimantasshown above.AUGDated: dy 2.6 BY: PHIL BATCHELOR by _Zg� Deputy Clerk CC: County Counsel County Administrator STEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. C�xv�LAW OFFICES OF D 1 FISHER 8 HURST JutAP987 FOUR EMBARCADERO CENTER 2 SAN FRANCISCO, CALIFORNIA 94111 SA TELEPHONE (415) 956-6000 A 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, 6 as the Executrix of the ESTATE OF JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) 12 THE ESTATE OF JAMES M. GRAHAM, ) CLAIM FOR INDEMNITY 13 Claimant, ) 14 "' ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent. ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is 23 as follows : 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 2 . The post office address to which claimant desires notice of this claim to be sent is as follows : 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Jula Schultz, a minor, by her Guardian 9 ad Litem, Larry J. Schultz, claims to have suffered damages arising out of personal injury and/or bodily injury and/or 10 death from the crash, which occurred at the Sun Valley Mall, located in the County of Contra Costa, County of Contra Costa, 11 California. 12 4 . The County of Contra Costa is responsible for the design, construction, maintenance, operation, and 13 certification of the Concord Buchanan Airport, and control of its use. The County of Contra Costa is further responsible 14 for the certification, permission, approval, and the provision of zoning and ordinances permitting the construction of the 15 Sun Valley Mall, attracting a great number of persons, in close proximity to the Buchanan Field Airport, and below and 16 . directly within a heavily traveled air corridor in the vicinity of the airport. 17 5 . On June 1, 1987, a a Master Consolidated Complaint 18 for Damages on behalf of all personal injury and wrongful death plaintiffs was filed in the Superior Court of the State 19 of California, In and For the County of Contra Costa, Judicial Council Coordination Proceeding No. 2026, under title of SUN 20 VALLEY AIR CRASH CASES. In said Complaint, plaintiff, Jula Schultz, a minor, by her Guardian ad Litem, Larry J. Schultz, 21 alleges, inter alia, that on December 23 , 1985, decedent James M. Graham and others negligently operated and controlled the 22 subject aircraft, causing it to crash while attempting a landing at the Concord Buchanan Airport . Said complaint was 23 served upon claimant, Estate of Graham, on or about June 25, 1987. 24 25 26 -2- 1 6 . If, in fact, said plaintiff Jula Schultz, a minor, by her Guardian ad Litem, Larry J. Schultz, sustained damages 2 as alleged in said Complaint, said damages were caused by the primary and active negligence, creation and/or maintenance of 3 a dangerous condition of public property or other fault of the County of Contra Costa. Claimant, therefore, alleges that it 4 is entitled as a matter of law to indemnity from the County of Contra Costa for any judgment or settlement in favor of 5 plaintiff Jula Schultz, a minor, by her Guardian ad Litem, Larry J. Schultz, together with claimant ' s attorneys ' fees and 6 costs . 7 7. Further, if claimant is liable to said plaintiff, Jula Schultz, a minor, by her Guardian ad Litem, Larry J. 8 Schultz, it will be because of the comparative negligence, creation and/or maintenance of a dangerous condition of public 9 property or other fault of the County of Contra Costa. Accordingly, claimant alleges that the County of Contra Costa 10 is required by law to contribute to the amount of any judgment or settlement in favor of said plaintiff, in accordance with 11 the comparative degree and nature of its fault in causing said plaintiff ' s damages, if any, and is required to reimburse and 12 indemnify and hold claimant harmless for the amount of any such judgment or settlement which is in excess of claimant ' s 13 Proportional share thereof, if any, as determined by the comparative degree and nature of the respective fault in 14 causing plaintiff ' s damages, if any. 15 8 • As of the date of the filing of this claim, the extent of the damages and injuries incurred by said plaintiff 16 in the above-mentioned action is unknown to claimant, and will be determined in the aforementioned, pending litigation. 17 9 . At the present time, the identity of the employee or 18 employees of the County of Contra Costa who caused the creation and continued existence of the aforementioned 19 dangerous conditions, is unknown to claimant. 20 10. At the time of the presentation of this claim, claimant seeks the total amount of potential recovery by 21 plaintiff in said Judicial Council Coordination Proceeding, 22 23 24 25 26 -3- I (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney's fees it may suffer as a result 3 of the complaint brought by said plaintiff, against claimant, in said Judicial Council Coordination Proceeding. a DATED: July'�J, 19.87. 5 FISHER & HURST b 7 BY: 8 ORIS DAVIDO , Att rneys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 1S 16 17 18 19 20 21 22 23 24 25 26 -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 25, 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 Goverpment Code Amount: Unspecified Section 913 and 915.4. : Please note all "WarninW"VZ C C CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JAMESA�G �RAHA S�� c/o Fisher & Hurst 198" ATTORNEY: Attn: Stephen C. Kenney, Esq. (Tyrone Thomps )-,�i,,,`' Moris Davidovitz' Esq•Date received ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29 , 1987 Transmi`t-tal 25th Floor San Francisco, CA 94111-413;y MAIL POSTMARKED: July 23 , 1987 Certified P 017967989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Clerk DATED: July 31 , 1987 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: f�� -L BY: ` ��fL4 eputy County Counsel II1. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (�() This Claim is rejected in full. (/ `) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. AUG 2 5 1987 Dated: PHIL BATCHELOR, Clerk, By___,,, 6 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: A U G 2 6 1987 BY: PHIL BATCHELOR by � Deputy Clerk CC: County Counsel County Administrator STtPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. MCET,(]►'Qj'� LAW OFFICES OF Iju�A�1987 1 FISHER 8 HORST FOUR EMBARCADERO CENTER SAN FRANCISCO. CALIFORNIA 94111 2 YOARG TELEPHONE (415) 956-6000 left3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, 6 as the Executrix of the ESTATE OF JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) 12 THE ESTATE OF JAMES M. GRAHAM, ) CLAIM FOR INDEMNITY 13 Claimant, ) 14 V. ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent. ) ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910.4 . 22 1. The name and post office address of the claimant is 23 as follows : 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 2. The post office address to which claimant desires notice of this claim to be sent is as follows : 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Tyrone Thompson claims to have suffered 9 damages arising out of personal injury and/or bodily injury and/or death from the crash, which occurred at the Sun Valley 10 Mall, located in the County of Contra Costa, County of Contra Costa, California. 11 4 . The County of Contra Costa is responsible for the 12 design, construction, maintenance, operation, and certification of the Concord Buchanan Airport, and control of 13 its use. The County of Contra Costa is further responsible for the certification, permission, approval, and the provision 14 of zoning and ordinances permitting the construction of the Sun Valley Mall, attracting a great number of persons, in 15 close proximity to the Buchanan Field Airport, and below and directly within a heavily traveled air corridor in the 16 vicinity of the airport. 17 5. On June 1, 1987, a a Master Consolidated Complaint for Damages on behalf of all personal injury and wrongful 18 death plaintiffs was filed in the Superior Court of the State of California, In and For the County of Contra Costa, Judicial 19 Council Coordination Proceeding No. 2026, under title of SUN VALLEY AIR CRASH CASES. In said Complaint, plaintiff, Tyrone 20 Thompson alleges, inter alia, that on December 23, 1985, decedent James M. Graham and others negligently operated and 21 controlled the subject aircraft, causing it to crash while attempting a landing at the Concord Buchanan Airport. Said 22 complaint was served upon claimant, Estate of Graham, on or about June 25, 1987. 23 24 25 26 -2- 1 6 . If, . in fact, said plaintiff Tyrone Thompson sustained damages as alleged in said Complaint, said damages 2 were caused by the primary and active negligence, creation and/or maintenance of a dangerous condition of public property 3 or other fault of the County of Contra Costa. Claimant, therefore, alleges that it is entitled as a matter of law to 4 indemnity from the County of Contra Costa for any judgment or settlement in favor of plaintiff Tyrone Thompson together with 5 claimant ' s attorneys ' fees and costs . 6 7. Further, if claimant is liable to said plaintiff, Tyrone Thompson it will be because of the comparative 7 negligence, creation and/or maintenance of a dangerous condition of public property or other fault of the County of 8 Contra Costa. Accordingly, claimant alleges that the County of Contra Costa is required by law to contribute to the amount 9 of any judgment or settlement in favor of said plaintiff, in accordance with the comparative degree and nature of its fault 10 in causing said plaintiff ' s damages, if any, and is required to reimburse and indemnify and hold claimant harmless for the 11 amount of any such judgment or settlement which is in excess of claimant' s proportional share thereof, if any, as 12 determined by the comparative degree and nature of the respective fault in causing plaintiff ' s damages, if any. 13 8 . As of the date of the filing of this claim, the 14 extent of the damages and injuries incurred by said plaintiff in the above-mentioned action is unknown to claimant, and will 15 be determined in the aforementioned, pending litigation. 16 9 • At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 17 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant. 18 10 . At the time of the presentation of this claim, 19 claimant seeks the total amount of potential recovery by plaintiff in said Judicial Council Coordination Proceeding, 20 21 22 23 24 25 26 -3- 1 (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney's fees it may suffer as a result 3 of the complaint brought by said plaintiff, against claimant, in said Judicial Council Coordination Proceeding. 4 DATED: July�3, 1987. 5 FISHER & HURST b 7 _ BY: 8 MORIS DAV_ OVITZ, Attorneys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -4- CLAIM BOARD tr 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 25, 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 Supervyr� (Paragraph IV below), given pursuant to Government Code ry C Amount: Unspecified Section 913 and 915.4. Please note all •Warnings".goc °��sE CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JAMES- c/o Fisher & Hurst 2 (Jeanne Fontaine, ATTORNEY: At Stephen C. Kenney, Esq. tai , et al) Cq 94553 Moris Davidovitz , Esq-Date received ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29, 1987 Transmittal 25th Floor San Francisco, CA 94111-4132BY MAIL POSTMARKED: July 23 , 1987 Certified P 017967989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: July 31 , 1987 JyIL Deputy OR, Clerk 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). r ( ) Other: r Dated: L✓ ��� BY: , %� �"i� AL / if 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 (Jl) This Claim is rejected in full. ( �) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: AUG 2 5 1987 PHIL BATCHELOR, Clerk, By, �L C_/ 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 s 1987 Dated: BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator S"rEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. iDXCEv Tt rEL T LAW OFFICES OF 1 FISHER 8 HURST �Ut,�9198� FOUR EMBARCADERO CENTER 7 SAN FRANCISCO. CALIFORNIA 94111 2 a. TELEPHONE (415) 956-6000 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, 6 as the Executrix of the ESTATE OF JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) 12 THE ESTATE OF JAMES M. GRAHAM, ) CLAIM FOR INDEMNITY 13 Claimant, ) 14 V. ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent . ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is 23 as follows : 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 2 . The post office address to which claimant desires notice of this claim to be sent is as follows : 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport . All three occupants of said aircraft were killed in the crash. Jeanne Fontaine, Jackeline Fontaine and 9 Howard Fontaine, claim to have suffered damages arising out of personal injury and/or bodily injury and/or death from the 10 crash, which occurred at the Sun Valley Mall, located in the County of Contra Costa, County of Contra Costa, California. 11 4 . The County of Contra Costa is responsible for the 12 design, construction, maintenance, operation, and certification of the Concord Buchanan Airport, and control of 13 its use. The County of Contra Costa is further responsible for the certification, permission, approval, and the provision 14 of zoning and ordinances permitting the construction of the Sun Valley Mall, attracting a great number of persons, in 15 close proximity to the Buchanan Field Airport, and below and directly within a heavily traveled air corridor in the 16 vicinity of the airport. 17 5 . On June 1, 1987, a a Master Consolidated Complaint for Damages on behalf of all personal injury and wrongful 18 death plaintiffs was filed in the Superior Court of the State of California, In and For the County of Contra Costa, Judicial 19 Council Coordination Proceeding No. 2026, under title of SUN VALLEY AIR CRASH CASES. In said Complaint, plaintiffs, Jeanne 20 Fontaine, Jackeline Fontaine and Howard Fontaine, allege, inter alia, that on December 23 , 1985, decedent James M. 21 Graham and others negligently operated and controlled the subject aircraft, causing it to crash while attempting a 22 landing at the Concord Buchanan Airport. Said complaint was served upon claimant, Estate of Graham, on or about June 25, 23 1987. 24 25 26 -2- �t t 1 6 . If, in fact, said plaintiffs Jeanne Fontaine, Jackeline Fontaine and Howard Fontaine, sustained damages as 2 alleged in said Complaint, said damages were caused by the primary and active negligence, creation and/or maintenance of 3 a dangerous condition of public property or other fault of the County of Contra Costa. Claimant, therefore, alleges that it 4 is entitled as a matter of law to indemnity from the County of Contra Costa for any judgment or settlement in favor of 5 plaintiffs Jeanne Fontaine, Jackeline Fontaine and Howard Fontaine, together with claimant ' s attorneys ' fees and costs . 6 7. Further, if claimant is liable to said plaintiffs, 7 Jeanne Fontaine, Jackeline Fontaine and Howard Fontaine, it will be because of the comparative negligence, creation and/or 8 maintenance of a dangerous condition of public property or other fault of the County of Contra Costa. Accordingly, 9 claimant alleges that the County of Contra Costa is required by law to contribute to the amount of any judgment or 10 settlement in favor of said plaintiffs, in accordance with the comparative degree and nature of its fault in causing said 11 Plaintiffs ' damages, if any, and is required to reimburse and indemnify and hold claimant harmless for the amount of any 12 such judgment or settlement which is in excess of claimant' s proportional share thereof, if any, as determined by the 13 comparative degree and nature of the respective fault in causing plaintiffs ' damages, if any. 14 8 . As of the date of the filing of this claim, the 15 extent of the damages and injuries incurred by said plaintiffs in the above-mentioned action is unknown to claimant, and will 16 be determined in the aforementioned, pending litigation. 17 9 . At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 18 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant . 19 10 . At the time of the presentation of this claim, 20 claimant seeks the total amount of potential recovery by plaintiffs in said Judicial Council Coordination Proceeding, 21 22 23 24 25 26 -3- 1 (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney' s fees it may suffer as a result 3 of the complaint brought by said plaintiffs, against claimant, in said Judicial Council Coordination Proceeding. 4 DATED: July-Z3, 1987. 5 FISHER & HURST 6 BY• 8 M—ORIS DAVIDZ, Attorneys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -4- CLAIM a BOAF9 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 25 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is your nbj of California Government Codes. ) the action taken on your claim by the Board of Supervl sw (Paragraph IV below), given pursuant to !^z�er^ �rgde �OvnSt'� Amount: Unspecified Section 913 and 915.4. Please note all "W nrs". ' r1 CLAIMANT. DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JAMES Min 198 c/o Fisher & Hurst (Fazludden Jamish, et al) 94SS3 ATTORNEY: Attn: Stephen C. Kenney, Esq. Moris Davidovitz, Esq-Date received ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29 , 1987 Transmittal 25th Floor San Francisco, CA 94111-413;; MAIL POSTMARKED: July 23 , 1987 Certified P 017967989 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL gATCHELOR, Clerk , DATED: July 31 , 1987 �d: Deputy L. Hall I1. FROM: County Counsel TO: Clerk of the Board of Supervisors (� This claim complies substantially with Sections 910 and 910.2. (' )\This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ABY: �' 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 (X) This Claim is rejected in full. (/ `) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. / Dated: AUG 2 5 1967 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 6 1987 BY: PHIL BATCHELOR by / �C eputy Clerk CC: County Counsel County Administrator STEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. LAW OFFICES OF 1 1 FISHER 8 HURST JUL -07/"n 1987 FOUR EMBARCADERO CENTER 2 SAN FRANCISCO. CALIFORNIA 94111 BAA TELEPHONE (415) 956-8000 A 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 6 JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) THE ESTATE OF JAMES M. GRAHAM, ) 12 ) CLAIM FOR INDEMNITY 13 Claimant, ) ) 14 V. ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent. ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is 23 as follows : 24 DOROTHY A. GRAHAM, as the Executrix of the . ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. Moris Davidovitz, Esq. 26 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 2 . The post office address to which claimant desires notice of this claim to be sent is as follows : 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Fazludden Jamish, Fatima Jamish, q Mohammad Kaify and Fatima Kaify claim to have suffered damages arising out of personal injury and/or bodily injury and/or 10 death from the crash, which occurred at the Sun Valley Mall, located in the County of Contra Costa, County of Contra Costa, 11 California. 12 4 . The County of Contra Costa is responsible for the design, construction, maintenance, operation, and 13 certification of the Concord Buchanan Airport, and control of its use. The County of Contra Costa is further responsible 14 for the certification, permission, approval, and the provision of zoning and ordinances permitting the construction of the 15 Sun Valley Mall, attracting a great number of persons, in close proximity to the Buchanan Field Airport, and below and 16 directly within a heavily traveled air corridor in the vicinity of the airport. 17 5 . On June 1, 1987, a a Master Consolidated Complaint 18 for Damages on behalf of all personal injury and wrongful death plaintiffs was filed in the Superior Court of the State 19 of California, In and For the County of Contra Costa, Judicial Council Coordination Proceeding No. 2026, under title of SUN 20 VALLEY AIR CRASH CASES. In said Complaint, plaintiffs, Fazludden Jamish, Fatima Jamish, Mohammad Kaify and Fatima 21 Kaify allege, inter alia, that on December 23, 1985, decedent James M. Graham and others negligently operated and controlled 22 the subject aircraft, causing it to crash while attempting a landing at the Concord Buchanan Airport. Said complaint was 23 served upon claimant, Estate of Graham, on or about June 25, 1987. 24 25 26 -2- 1 6 . if, in fact, said plaintiffs Fazludden Jamish, Fatima Jamish, Mohammad Kaify and Fatima Kaify sustained 2 damages as alleged in said Complaint, said damages were caused by the primary and active negligence, creation and/or 3 maintenance of a dangerous condition of public property or other fault of the County of Contra Costa. Claimant, 4 therefore, alleges that it is entitled as a matter of law to indemnity from the County of Contra Costa for any judgment or 5 settlement in favor of plaintiffs Fazludden Jamish, Fatima Jamish, Mohammad Kaify and Fatima Kaify together with 6 claimant ' s attorneys ' fees and costs . 7 7. Further, if claimant is liable to said plaintiffs, Fazludden Jamish, Fatima Jamish, Mohammad Kaify and Fatima 8 Kaify it will be because of the comparative negligence, creation and/or maintenance of a dangerous condition of public 9 property or other fault of the County of Contra Costa. Accordingly, claimant alleges that the County of Contra Costa 10 is required by law to contribute to the amount of any judgment or settlement in favor of said plaintiffs, in accordance with 11 the comparative degree and nature of its fault in causing said plaintiffs ' damages, if any, and is required to reimburse and 12 indemnify and hold claimant harmless for the amount of any such judgment or settlement which is in excess of claimant ' s 13 Proportional share thereof, if any, as determined by the comparative degree and nature of the respective fault in 14 causing plaintiffs ' damages, if any. 15 8 . As of the date of the filing of this claim, the extent of the damages and injuries incurred by said plaintiffs 16 in the above-mentioned action is unknown to claimant, and will be determined in the aforementioned, pending litigation. 17 9 . At the present time, the identity of the employee or 18 employees of the County of Contra Costa who caused the creation and continued existence of the aforementioned 19 dangerous conditions, is unknown to claimant. 20 10 . At the time of the presentation of this claim, claimant seeks the total amount of potential recovery by 21 plaintiffs in said Judicial Council Coordination Proceeding, 22 23 24 25 26 -3- 1 (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney' s fees it may suffer as a result 3 of the complaint brought by said plaintiffs, against claimant, in said Judicial Council Coordination Proceeding. 4 DATED: July-- , 1987. 5 FISHER & HURST 6 - -----� _ -- BY: 8 --' MORIS DAVIDOVITZ, Attorneys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -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 25f%,1987 and Board Action. All Section references are to ) The copy of this document mailed to you is your no i Hqf California Government Codes. ) the action taken on your claim by the Board of Suptrvisofs Coy�Se� (Paragraph I Y : I c..;, g i ver, pursuant to Govern.men a Amount: Unspecified Section 913 and 915.4. Please note all "War4 a";,, CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JAMES- M. RAW9Q c/o Fisher & Hurst (Andy Vasquez , et al) 553 ATTORNEY: Attn: Stephen C. Kenney, Esq. Moris Davidovitz , Esq-Date received ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29 , 1987 Transmittal 25th Floor San Francisco, CA 94111-413;; MAIL POSTMARKED: July 23 , 1987 Certified P 017967989 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �dIL gATCHELOR, Clerk DATED: July 31 , 1987 : Deputy L. Hall I1. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: j r Dated: �� BY: eputy County Counsel 1I1. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present �) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. / Dated: AUG 2 5 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 6 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator STEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ: LAW OFFICES OF v�i vL 1 FISHER 8 HURST FOUR EMBARCADERO CENTER SAN 2 SAN FRANCISCO, CALIFORNIA 94111 (� TELEPHONE (415) 956-8000 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, 6 as the Executrix of the ESTATE OF JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) THE ESTATE OF JAMES M. GRAHAM, ) 12 ) CLAIM FOR INDEMNITY 13 Claimant, ) ) 14 v. ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent . ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is 23 as follows : 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 2 . The post office address to which claimant desires notice of this claim to be sent is as follows : 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Andy Vasquez and Joshua Clee, a minor by 9 and through his Guardian Ad Litem, Cindy Vasquez, claim to have suffered damages arising out of personal injury and/or 10 bodily injury and/or death from the crash, which occurred at the Sun Valley Mall, located in the County of Contra Costa, 11 County of Contra Costa, California. 12 4 . The County of Contra Costa is responsible for the design, construction, maintenance, operation, and 13 certification of the Concord Buchanan Airport, and control of its use. The County of Contra Costa is further responsible 14 for the certification, permission, approval, and the provision of zoning and ordinances permitting the construction of the 15 Sun Valley Mall, attracting a great number of persons, in close proximity to the Buchanan Field Airport, and below and 16 directly within a heavily traveled air corridor in the vicinity of the airport . 17 5 . On June 1, 1987, a a Master Consolidated Complaint 18 for Damages on behalf of all personal injury and wrongful death plaintiffs was filed in the Superior Court of the State 19 of California, In and For the County of Contra Costa, Judicial Council Coordination Proceeding No. 2026, under title of SUN 20 VALLEY AIR CRASH CASES. In said Complaint, plaintiffs, Andy Vasquez and Joshua Clee, a minor by and through his Guardian 21 Ad Litem, Cindy Vasquez, allege, inter alia, that on December 23, 1985, decedent James M. Graham and others negligently 22 operated and controlled the subject aircraft, causing it to crash while attempting a landing at the Concord Buchanan 23 Airport. Said complaint was served upon claimant, Estate of Graham, on or about June 25, 1987 . 24 25 26 -2- s , 1 6 . If, in fact, said plaintiffs Andy Vasquez and Joshua Clee, a minor by and through his Guardian Ad Litem, Cindy 2 Vasquez, sustained damages as alleged in said Complaint, said damages were caused by the primary and active negligence, 3 creation and/or maintenance of a dangerous condition of public property or other fault of the County of Contra Costa. 4 Claimant, therefore, alleges that it is entitled as a matter of law to indemnity from the County of Contra Costa for any 5 judgment or settlement in favor of plaintiffs Andy Vasquez and Joshua Clee, a minor by and through his Guardian Ad Litem, 6 Cindy Vasquez, together with claimant' s attorneys ' fees and costs . 7 7. Further, if claimant is liable to said plaintiffs, 8 Andy Vasquez and Joshua Clee, a minor by and through his Guardian Ad Litem, Cindy Vasquez, it will be because of the 9 comparative negligence, creation and/or maintenance of a dangerous condition of public property or other fault of the 10 County of Contra Costa. Accordingly, claimant alleges that the County of Contra Costa is required by law to contribute to 11 the amount of any judgment or settlement in favor of said plaintiffs, in accordance with the comparative degree and 12 nature of its fault in causing said plaintiffs ' damages, if any, and is required to reimburse and indemnify and hold 13 claimant harmless for the amount of any such judgment or settlement which is in excess of claimant ' s proportional share 14 thereof, if any, as determined by the comparative degree and nature of the respective fault in causing plaintiffs ' damages, 15 if any. 16 8. As of the date of the filing of this claim, the extent of the damages and injuries incurred by said plaintiffs 17 in the above-mentioned action is unknown to claimant, and will be determined in the aforementioned, pending litigation. 18 9 . At the present time, the identity of the employee or 19 employees of the County of Contra Costa who caused the creation and continued existence of the aforementioned 20 dangerous conditions, is unknown to claimant. 21 10 . At the time of the presentation of this claim, claimant seeks the total amount of potential recovery by 22 plaintiffs in said Judicial Council Coordination Proceeding, 23 24 25 26 -3- A r . w A s 1 (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney' s fees it may suffer as a result 3 of the complaint brought by said plaintiffs, against claimant, in said Judicial Council Coordination Proceeding. 4 DATED: July-3, 1987 . 5 FISHER & HURST 6 -- — 7 8 MORIS DAVIDOVITZ, Attorneys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -4- ! s 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 25 , 187 and Board Action. All Section references are to ) The copy of this document mailed to you is your notic&19rs. h California Government Codes. ) the action taken on your claim by the Board of Superviso %; (Paragraph IV below), given pursuant to Government C"1/ Amount: Unspecified Section 913 and 915.4. Please note all "Warnin'� ��/ ,., CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JAMES- M. c/o Fisher & Hurst ATTORNEY: Attn: Stephen C. Kenney, Esq. (Nancy Luccesse , et alb Moris Davidovitz , Esq-Date received ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29 , 1987 Transmittal 25th Floor San Francisco, CA 94111-413;; MAIL POSTMARKED: July 23 , 1987 Certified P 017967989 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Jul 31 1987 JyIL BATCtELOR, Clerk DATED: r ' y L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (_>q, 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: f BY: % ,�� Deputy County Counsel v 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. C AUG 2 5 1997 Dated: PHIL BATCHELOR Clerk Y B �� u Clerk ��'��L�' Deputy ty C e WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately, 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 .216 BY: PHIL BATCHELOR by r 6 1987 7`�/� Deputy Clerk CC: County Counsel County Administrator STEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ,ESQ. LAW OFFICES OF ��y" � 1 FISHER 8 HuRST FOUR EMBARCADERO CENTER 7 UL 2 SAN FRANCISCO. CALIFORNIA 94111 TELEPHONE (415) 956-6000 V 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, 6 as the Executrix of the ESTATE OF JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) 12 THE ESTATE OF JAMES M. GRAHAM, ) CLAIM FOR INDEMNITY 13 Claimant, ) 14 v. ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent . ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is 23 as follows : 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 2 . The post office address to which claimant desires notice of this claim to be sent is as follows : 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23 , 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport . All three occupants of said aircraft were killed in the crash. Nancy Luccese individually and as 9 Guardian Ad Litem of Peter Luccesse claim to have suffered damages arising out of personal injury and/or bodily injury 10 and/or death from the crash, which occurred at the Sun Valley Mall, located in the County of Contra Costa, County of Contra 11 Costa, California. 12 4 . The County of Contra Costa is responsible for the design, construction, maintenance, operation, and 13 certification of the Concord Buchanan Airport, and control of its use. The County of Contra Costa is further responsible 14 for the certification, permission, approval, and the provision of zoning and ordinances permitting the construction of the 15 Sun Valley Mall, attracting a great number of persons, in close proximity to the Buchanan Field Airport, and below and 16 directly within a heavily traveled air corridor in the vicinity of the airport. 17 5 . On June 1, 1987, a a Master Consolidated Complaint 18 for Damages on behalf of all personal injury and wrongful death plaintiffs was filed in the Superior Court of the State 19 of California, In and For the County of Contra Costa, Judicial Council Coordination Proceeding No . 2026, under title . of SUN 20 VALLEY AIR CRASH CASES. In said Complaint, plaintiffs, Nancy Luccese individually and as Guardian Ad Litem of Peter 21 Luccesse allege, inter alia, that on December 23, 1985, decedent James M. Graham and others negligently operated and 22 controlled the subject aircraft, causing it to crash while attempting a landing at the Concord Buchanan Airport. Said 23 complaint was served upon claimant, Estate of Graham, on or about June 25, 1987. 24 25 26 -2- • i 1 6 . If, in fact, said plaintiffs Nancy Luccese individually and as Guardian Ad Litem of Peter Luccesse 2 sustained damages as alleged in said Complaint, said damages were caused by the primary and active negligence, creation 3 and/or maintenance of a dangerous condition of public property or other fault of the County of Contra Costa . Claimant, 4 therefore, alleges that it is entitled as a matter of law to indemnity from the County of Contra Costa for any judgment or 5 settlement in favor of plaintiffs Nancy Luccese individually and as Guardian Ad Litem of Peter Luccesse together with 6 claimant ' s attorneys ' fees and costs . 7 7. Further, if claimant is liable to said plaintiffs, Nancy Luccese individually and as Guardian Ad Litem of Peter 8 Luccesse it will be because of the comparative negligence, creation and/or maintenance of a dangerous condition of public 9 property or other fault of the County of Contra Costa. Accordingly, claimant alleges that the County of Contra Costa 10 is required by law to contribute to the amount of any judgment or settlement in favor of said plaintiffs, in accordance with 11 the comparative degree and nature of its fault in causing said plaintiffs ' damages, if any, and is required to reimburse and 12 indemnify and hold claimant harmless for the amount of any such judgment or settlement which is in excess of claimant' s 13 Proportional share thereof, if any, as determined by the comparative degree and nature of the respective fault in 14 causing plaintiffs ' damages, if any. 15 8 • As of the date of the filing of this claim, the extent of the damages and injuries incurred by said plaintiffs 16 in the above-mentioned action is unknown to claimant, and will be determined in the aforementioned, pending litigation. 17 9 . At the present time, the identity of the employee or 18 employees of the County of Contra Costa who caused the creation and continued existence of the aforementioned 19 dangerous conditions, is unknown to claimant. 20 10 . At the time of the presentation of this claim, claimant seeks the total amount of potential recovery by 21 plaintiffs in said Judicial Council Coordination Proceeding, 22 23 24 25 26 -3- 1 (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney' s fees it may suffer as a result 3 of the complaint brought by said plaintiffs, against claimant, in said Judicial Council Coordination Proceeding. 4 DATED: JulyO 3 , 1987. 5 FISHER & HURST 8 �MORIS DAVIDOVITZ, Attorneys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -4- CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed bs' BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT August 25, 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 ""Warn*msts to CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JAMES M uAktM1Se c/o Fisher & Hurst (Loretta Doss , et al) A G 0 4 , 198? ATTORNEY: At Stephen C. Kenney, Esq. to,. Floris Davidovitz , Esq-Date received dltInez ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29, 1987 TrE, �l 25th Floor San Francisco, CA 9 +111-413;Y MAIL POSTMARKED: July 23 , 1987 Certified P 017967989 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ��IL gATCHELOR, Clerk DATED: July 31 , 1987 : 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: �, S,r C BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ()() This Claim is rejected in full. (��) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: AUG 2 5 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. AUG 2 6 1987 Dated: BY: PHIL BATCHELOR by -Deputy Clerk CC: County Counsel County Administrator ° Z I STEPHEN C. -KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. LAW OFFICES OF ��s 1 FISHER 8 HURST FOUR EMBARCADERO CENTER JUL 52'1987 2 SAN FRANCISCO. CALIFORNIA 94111 TELEPHONE (415) 956-8000 a 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, 6 as the Executrix of the ESTATE OF JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) 12 THE ESTATE OF JAMES M. GRAHAM, ) CLAIM FOR INDEMNITY 13 Claimant, ) 14 v' ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent. ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is 23 as follows : 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 2 . The post office address to which claimant desires notice of this claim to be sent is as follows : 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Loretta Doss, Vannessa Mitchell aka 9 Vanessa Bolton, La Shirley Bolton, a minor through her mother and Guardian Ad Litem, Vanessa Bolton Mitchell, claim to have 10 suffered damages arising out of personal injury and/or bodily injury and/or death from the crash, which occurred at the Sun 11 Valley Mall, located in the County of Contra Costa, County of Contra Costa, California. 12 4 . The County of Contra Costa is responsible for the 13 design, construction, maintenance, operation, and certification of the Concord Buchanan Airport, and control of 14 its use. The County of Contra Costa is further responsible for the certification, permission, approval, and the provision 15 of zoning and ordinances permitting the construction of the Sun Valley Mall, attracting a great number of persons, in 16 close proximity to the Buchanan Field Airport, and below and directly within a heavily traveled air corridor in the 17 vicinity of the airport. 18 5 . On June 1, 1987, a a Master Consolidated Complaint for Damages on behalf of all personal injury and wrongful 19 death plaintiffs was filed in the Superior Court of the State of California, In and For the County of Contra Costa, Judicial 20 Council Coordination Proceeding No. 2026, under title of SUN VALLEY AIR CRASH CASES. In said Complaint, plaintiffs, 21 Loretta Doss, Vannessa Mitchell aka Vanessa Bolton, La Shirley Bolton, a minor through her mother and Guardian Ad Litem, 22 Vanessa Bolton Mitchell, allege, inter alia, that on December 23, 1985, decedent James M. Graham and others negligently 23 operated and controlled the subject aircraft, causing it to crash while attempting a landing at the Concord Buchanan 24 Airport. Said complaint was served upon claimant, Estate of Graham, on or about June 25, 1987. 25 26 -2- 1 6. If, in fact, said plaintiffs Loretta Doss, Vannessa Mitchell aka Vanessa Bolton, La Shirley Bolton, a minor 2 through her mother and Guardian Ad Litem, Vanessa Bolton Mitchell, sustained damages as alleged in said Complaint, said 3 damages were caused by the primary and active negligence, creation and/or maintenance of a dangerous condition of public 4 property or other fault of the County of Contra Costa. Claimant, therefore, alleges that it is entitled as a matter 5 of law to indemnity from the County of Contra Costa for any judgment or settlement in favor of plaintiffs Loretta Doss, 6 Vannessa Mitchell aka Vanessa Bolton, La Shirley Bolton, a minor through her mother and Guardian Ad Litem, Vanessa Bolton 7 Mitchell, together with claimant ' s attorneys ' fees and costs. 8 7. Further, if claimant is liable to said plaintiffs, Loretta Doss, Vannessa Mitchell aka Vanessa Bolton, La Shirley 9 Bolton, a minor through her mother and Guardian Ad Litem, Vanessa Bolton Mitchell, it will be because of the comparative 10 negligence, creation and/or maintenance of a dangerous condition of public property or other fault of the County of 11 Contra Costa. Accordingly, claimant alleges that the County of Contra Costa is required by law to contribute to the amount 12 of any judgment or settlement in favor of said plaintiffs, in accordance with the comparative degree and nature of its fault 13 in causing said plaintiffs ' damages, if any, and is required to reimburse and indemnify and hold claimant harmless for the 14 amount of any such judgment or settlement which is in excess of claimant ' s proportional share thereof, if any, as 15 determined by the comparative degree and nature of the respective fault in causing plaintiffs ' damages, if any. 16 8 , As of the date of the filing of this claim, the 17 extent of the damages and injuries incurred by said plaintiffs in the above-mentioned action is unknown to claimant, and will 18 be determined in the aforementioned, pending litigation. 19 9 • At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 20 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant . 21 10 . At the time. of the presentation of this claim, 22 claimant seeks the total amount of potential recovery by plaintiffs in said Judicial Council Coordination Proceeding, 23 24 25 26 -3- 1 (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney' s fees it may suffer. as a result 3 of the complaint brought by said plaintiffs, against claimant, in said Judicial Council Coordination Proceeding . 4 DATED: July';L3 , 1987 . 5 FISHER & HURST ---- 6 8 f MORIS DAVIDOVITZ, Attorneys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -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 Augu s t 25 , 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 "Warningea.�-q CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JAMES- M. GiXfL&4n <'i c/o Fisher & Hurst (Patricia Sellers , e a1�jl�G o I. 1981 ATTORNEY: Attn: Stephen C. Kenney, Esq. Oarli Moris Davidovitz, Esq-Date received r)ez, �i C, ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29, 1987 Trans . ; 25th Floor San Francisco, CA 94111-413;; MAIL POSTMARKED: July 23 , 1987 Certified P 017967989 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL BATCHELOR. Clerk DATED: July 31 , 1987 �d: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (X This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated, I �� BY: u-� l�L:�1L %�. Deputy County Counsel 1 III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (X ) This Claim is rejected in full. (,\) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. AUG 2 5 1987 Dated: PHIL BATCHELOR, Clerk, By �-C/ 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. 6 1987 Deputy Clerk BY: PHIL BATCHELOR by CC: County Counsel County Administrator STEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ', ESQ. LAW OFFICES OF ���'r�III\\✓Vr✓I 1( �T V 1 FISHER 8 HURST ED FOUR EMBARCADERO CENTER 6--]1 2 SAN FRANCISCO. CALIFORNIA 94111 �u� --96--]1987 j v87 TELEPHONE (415) 956-8000 T OR 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, 6 as the Executrix of the ESTATE OF JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) 12 THE ESTATE OF JAMES M. GRAHAM, ) CLAIM FOR INDEMNITY 13 Claimant, ) 14 V. ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent. ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is 23 as follows : 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 2 . The post office address to which claimant desires notice of this claim to be sent is as follows : 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No . N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Patricia Sellers and Brett Jacobis claim 9 to have suffered damages arising out of personal injury and/or bodily injury and/or death from the crash, which occurred at 10 the Sun Valley Mall, located in the County of Contra Costa, County of Contra Costa, California. 11 4 . The County of Contra Costa is responsible for the 12 design, construction, maintenance, operation, and certification of the Concord Buchanan Airport, and control of 13 its use. The County of Contra Costa is further responsible for the certification, permission, approval, and the provision 14 of zoning and ordinances permitting the construction of the Sun Valley Mall, attracting a great number of persons, in 15 close proximity to the Buchanan Field Airport, and below and directly within a heavily traveled air corridor in the 16 vicinity of the airport. 17 5 . On June 1, 1987, a a Master Consolidated Complaint for Damages on behalf of all personal injury and wrongful 18 death plaintiffs was filed in the Superior Court of the State of California, In and For the County of Contra Costa, Judicial 19 Council Coordination Proceeding No. 2026, under title of SUN VALLEY AIR CRASH CASES. In said Complaint, plaintiffs, 20 Patricia Sellers and Brett Jacobis allege, inter alia, that on December 23, 1985, decedent James M. Graham and others 21 negligently operated and controlled the subject aircraft, causing it to crash while attempting a landing at the Concord 22 Buchanan Airport . Said complaint was served upon claimant, Estate of Graham, on or about June 25, 1987 . 23 24 25 26 -2- 1 6 . If, in fact, said plaintiffs Patricia Sellers and Brett Jacobis sustained damages as alleged in said Complaint, 2 said damages were caused by the primary and active negligence, creation and/or maintenance of a dangerous condition of public 3 property or other fault of the County of Contra Costa. Claimant, therefore, alleges that it is entitled as a matter 4 of law to indemnity from the County of Contra Costa for any judgment or settlement in favor of plaintiffs Patricia Sellers 5 and Brett Jacobis together with claimant ' s attorneys ' fees and costs . b 7. Further, if claimant is liable to said plaintiffs, 7 Patricia Sellers and Brett Jacobis it will be because of the comparative negligence, creation and/or maintenance of a 8 dangerous condition of public property or other fault of the County of Contra Costa. Accordingly, claimant alleges that 9 the County of Contra Costa is required by law to contribute to the amount of any judgment or settlement in favor of said 10 Plaintiffs, in accordance with the comparative degree and nature of its fault in causing said plaintiffs ' damages, if 11 any, and is required to reimburse and indemnify and hold claimant harmless for the amount of any such judgment or 12 settlement which is in excess of claimant ' s proportional share thereof, if any, as determined by the comparative degree and 13 nature of the respective fault in causing plaintiffs ' damages, if any. 14 8 . As of the date of the filing of this claim, the 15 extent of the damages and injuries incurred by said plaintiffs in the above-mentioned action is unknown to claimant, and will 16 be determined in the aforementioned, pending litigation. 17 9 . At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 18 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant. 19 10 . At the time of the presentation of this claim, 20 claimant seeks the total amount of potential recovery by plaintiffs in said Judicial Council Coordination Proceeding, 21 22 23 24 25 26 -3- I (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney' s fees it may suffer as a result 3 of the complaint brought by said plaintiffs, against claimant, in said Judicial Council Coordination Proceeding. 4 DATED: July", 1987. 5 FISHER & HURST 6 - ---- - 7 BY: 8 ,MbRIS DAVIDOVITZ, Attorneys v for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -4- CLAIM t' BOARD OF S11PERVISORS 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 25 , 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 GovernQat Code �.,; Amount: Unspecified Section 913 and 915.4. : Please note all "Warnings". ' r�( Amtiis CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JAMES- fk/ c/o Fisher & Hurst �'4-4� J 8� ATTORNEY: Attn: Stephen C. Kenney, Esq. (Kunjavadan Shah, et", -, C!� Moris Davidovitz , Esq-Date received 3`�'S'13 ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29 , 1987 Transmittal 25th. Floor San Francisco, CA 94111-413;; MAIL POSTMARKED: July 23 , 1987 Certified P 017967989 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ��IL gATCHELOR, Clerk DATED: July 31 , 1987 : 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: / G �' 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. 2 5 1987 -Je Z7 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: AIU G 2.6 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator STEPHEN C. •KENNEY, ESQ-. MORIS DAVIDOVITZ, ESQ. LAW OFFICES OF �i�/ FISHER 8 HORST 1 FOUR EMBARCADERO CENTER 2 SAN FRANCISCO. CALIFORNIA 94111 �� i •��' TELEPHONE (415) 956.8000 $� 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, 6 as the Executrix of the ESTATE OF JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) THE ESTATE OF JAMES M. GRAHAM, ) 12 ) CLAIM FOR INDEMNITY 13 Claimant, ) ) v. ) 14 ) COUNTY OF CONTRA COSTA, ) 15 ) 16 Respondent. ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is 23 as follows : 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 2 . The post office address to which claimant desires notice of this claim to be sent is as follows: 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23 , 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Kunjavadan Shah, Tushar Shah and 9 Mwoorari Shah, individually and Kunjavadan Shah as personal representative of the Estate of Chandrika Shah, deceased, 10 claim to have suffered damages arising out of personal injury and/or bodily injury and/or death from the crash, which 11 occurred at the Sun Valley Mall, located in the County of Contra Costa, County of Contra Costa, California. 12 4 . The County of Contra Costa is responsible for the 13 design, construction, maintenance, operation, and certification of the Concord Buchanan Airport, and control of 14 its use. The County of Contra Costa is further responsible for the certification, permission, approval, and the provision 15 of zoning and ordinances permitting the construction of the Sun Valley Mall, attracting a great number of persons, in 16 close proximity to the Buchanan Field Airport, and below and directly within a heavily traveled air corridor in the 17 vicinity of the airport. 18 5 . On June 1, 1987, a a Master Consolidated Complaint for Damages on behalf of all personal injury and wrongful 19 death plaintiffs was filed in the Superior Court of the State of California, In and For the County of Contra Costa, Judicial 20 Council Coordination Proceeding No. 2026, under title of SUN VALLEY AIR CRASH CASES. In said Complaint, plaintiffs, 21 Kunjavadan Shah, Tushar Shah and Mwoorari Shah, individually and Kunjavadan Shah as personal representative of the Estate 22 of Chandrika Shah, deceased, allege, inter alia, that on December 23, 1985, decedent James M. Graham and others 23 negligently operated and controlled the subject aircraft, causing it to crash while attempting a landing at the Concord 24 Buchanan Airport. Said complaint was served upon claimant, Estate of Graham, on or about June 25, 1987. 25 26 -2- 1 6 . If, in fact, said plaintiffs Kunjavadan Shah, Tushar Shah and Mwoorari Shah, individually and Kunjavadan Shah as 2 personal representative of the Estate of Chandrika Shah, deceased, sustained damages as alleged in said Complaint, said 3 damages were caused by the primary and active negligence, creation and/or maintenance of a dangerous condition of public 4 property or other fault of the County of Contra Costa. Claimant, therefore, alleges that it is entitled as a matter 5 of law to indemnity from the County of Contra Costa for any judgment or settlement in favor of plaintiffs Kunjavadan Shah, 6 Tushar Shah and Mwoorari Shah, individually and Kunjavadan Shah as personal representative of the Estate of Chandrika 7 Shah, deceased, together with claimant ' s attorneys ' fees and costs . 8 7. Further, if claimant is liable to said plaintiffs, 9 Kunjavadan Shah, Tushar Shah and Mwoorari Shah, individually and Kunjavadan Shah as personal representative of the Estate 10 of Chandrika Shah, deceased, it will be because of the comparative negligence, creation and/or maintenance of a 11 dangerous condition of public property or other fault of the County of Contra Costa. Accordingly, claimant alleges that 12 the County of Contra Costa is required by law to contribute to the amount of any judgment or settlement in favor of said 13 plaintiffs, in accordance with the comparative degree and nature of its fault in causing said plaintiffs ' damages, if 14 any, and is required to reimburse and indemnify and hold claimant harmless for the amount of any such judgment or 15 settlement which is in excess of claimant ' s proportional share thereof, if any, as determined by the comparative degree and 16 nature of the respective fault in causing plaintiffs ' damages, if any. 17 8 . As of the date of the filing of this claim, the 18 extent of the damages and injuries incurred by said plaintiffs in the above-mentioned action is unknown to claimant, and will 19 be determined in the aforementioned, pending litigation. 20 9 . At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 21 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant. 22 10 . At the time of the presentation of this claim, 23 claimant seeks the total amount of potential recovery by plaintiffs in said Judicial Council Coordination Proceeding, 24 25 26 -3- 1 (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney' s fees it may suffer as a result 3 of the complaint brought by said plaintiffs, against claimant, in said Judicial Council Coordination Proceeding. 4 DATED: July , 1987. 5 FISHER & HURST 6 /---- -----7 BY:_� /✓ J 8 . --� MORIS DAVIDOVITZ, Attorneys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -4- CLAIM X 16 -� BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA r Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT August 25, 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 Wrvisors (Paragraph IV below), given pursuant to Government to `✓ Amount: Unspecified Section 913 and 915.4. : Please note all "Warning[t CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JAMF, aMI� �AAAW7 c/o Fisher & Hurst (William Sheehan,, et al) e2; CA �� ATTORNEY: At Stephen C. Kenney, Esq. Moris Davidovitz , Esq-Date received ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29, 1987 Transmittal 25th Floor San Francisco, CA , 94111-4132BY MAIL POSTMARKED: July 23 , 1987 Certified P 017967989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. BdPP IL BATCHELOR, Clerk DATED: July 31 , 1987 : 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: [ u� �j' - BY: �' � �7 %�- 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. BO�ARRD 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. C Dated:AUG 2 5 1987 PHIL BATCHELOR Clerk, By �. Ztc, 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 6 1987 Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator STEPHEN C. KENNEY; ESQ. MORIS DAVIDOVITZ, ESQ, LAW OFFICES OF ��� 1 FiSHER 8 HURST FOUR EMBARCADERO CENTER '/U4 ` 2 SAN FRANCISCO. CALIFORNIA 94111 YY 7 TELEPHONE (415) 956-8000 t 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, 6 as the Executrix of the ESTATE OF JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) 12 THE ESTATE OF JAMES M. GRAHAM, ) CLAIM FOR INDEMNITY 13 Claimant, ) 14 v' ) ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent. ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is 23 as follows : 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 2 . The post office address to which claimant desires notice of this claim to be sent is as follows : 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport . All three occupants of said aircraft were killed in the crash. William Sheehan, Cheryl Sheehan and 9 Leigh Sheehan, claim to have suffered damages arising out of personal injury and/or bodily injury and/or death from the 10 crash, which occurred at the Sun Valley Mall, located in the County of Contra Costa, County of Contra Costa, California. 11 4 . The County of Contra Costa is responsible for the 12 design, construction, maintenance, operation, and certification of the Concord Buchanan Airport, and control of 13 its use. The County of Contra Costa is further responsible for the certification, permission, approval, and the provision 14 of zoning and ordinances permitting the construction of the Sun Valley Mall, attracting a great number of persons, in 15 close proximity to the Buchanan Field Airport, and below and directly within a heavily traveled air corridor in the 16 vicinity of the airport. 17 5 . On June 1, 1987, a a Master Consolidated Complaint for Damages on behalf of all personal injury and wrongful 18 death plaintiffs was filed in the Superior Court of the State of California, In and For the County of Contra Costa, Judicial 19 Council Coordination Proceeding No. 2026, under title of SUN VALLEY AIR CRASH CASES. In said Complaint, plaintiffs, 20 William Sheehan, Cheryl Sheehan and Leigh Sheehan, allege, inter alia, that on December 23, 1985, decedent James M. 21 Graham and others negligently operated and controlled the subject aircraft, causing it to crash while attempting a 22 landing at the Concord Buchanan Airport. Said complaint was served upon claimant, Estate of Graham, on or about June 25, 23 1987. 24 25 26 -2- 1 6. If, in fact, said plaintiffs William Sheehan, Cheryl Sheehan and Leigh Sheehan, sustained damages as alleged in 2 said Complaint, said damages were caused by the primary and active negligence, creation and/or maintenance of .. a dangerous 3 condition of public property or other fault of the County of Contra Costa. Claimant, therefore, alleges that it is 4 entitled as a matter of law to indemnity from the County of Contra Costa for any judgment or settlement in favor of 5 plaintiffs William Sheehan, Cheryl Sheehan and Leigh Sheehan, together with claimant ' s attorneys ' fees and costs. 6 7. Further, if claimant is liable to said plaintiffs, 7 William Sheehan, Cheryl Sheehan and Leigh Sheehan, it will be because of the comparative negligence, creation and/or 8 maintenance of a dangerous condition of public property or other fault of the County of Contra Costa. Accordingly, 9 claimant alleges that the County of Contra Costa is required by law to contribute to the amount of any judgment or 10 settlement in favor of said plaintiffs, in accordance with the comparative degree and nature of its fault in causing said 11 plaintiffs ' damages, if any, and is required to reimburse and indemnify and hold claimant harmless for the amount of any 12 such judgment or settlement which is in excess of claimant's proportional share thereof, if any, as determined by the 13 comparative degree and nature of the respective fault in causing plaintiffs ' damages, if any. 14 8 . As of the date of the filing of this claim, the 15 extent of the damages and injuries incurred by said plaintiffs in the above-mentioned action is unknown to claimant, and will 16 be determined in the aforementioned, pending litigation. 17 9 . At the present time,, the identity of the employee or employees of the County of Contra Costa who caused the 18 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant. 19 10 . At the time of the presentation of this claim, 20 claimant seeks the total amount of potential recovery by plaintiffs in said Judicial Council Coordination Proceeding, 21 22 23 24 25 26 -3- 1 (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney' s fees it may suffer as a result 3 of the complaint brought by said plaintiffs, against claimant, in said Judicial Council Coordination Proceeding. 4 DATED: July 2 3, 1987 . 5 FISHER & HURST 6 8 /i MORI.S tAVIDOVITZ, Attorneys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -4- CLAIM x ' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed •)y) BOARD ACTION the Board of Supervisors, Reiting Endorsements, ) NOTICE TO CLAIMANT August 25 , 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 "Wa►"W' Y Counsel CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JAMESA GRAHAM c/o Fisher & Hurst Davis et () 1 ' 1987 ATTORNEY: Attn: Stephen C. Kenney, Esq. (Cathy ",wins z, Davidovitz, Esq-Date received Z, CA 9455 ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29, 1987 Transmittal 25th Floor San Francisco, CA 9+111-413;Y MAIL POSTMARKED: July 23 , 1987 Certified P 017967989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL gATCHELOR, Clerk DATED: July 31 , 1987 ��: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (/)1_1This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: A, BY: !�� C �"� /eputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present X) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: AUG 2 5 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. e�Z AUG 2 6 1987Dated: BY: PHIL BATCHELOR b y duty Clerk CC: County Counsel County Administrator STEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. LAW OFFICES OF 1 FISHER 8 HURST FOUR EMBARCADERO CENTER SAN FRANCISCO. CALIFORNIA 94111 TELEPHONE 1415) 956-8000 3 B" 4 7 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, 6 as the Executrix of the ESTATE OF JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) 12 THE ESTATE OF JAMES M. GRAHAM, ) CLAIM FOR INDEMNITY 13 Claimant, ) 14 V. ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent. ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is 23 as follows : 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- ti 1 2 . The post office address to which claimant desires notice of this claim to be sent is as follows : 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg . No . N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport . All three occupants of said aircraft were killed in the crash. Cathy Davis and Dayle Dunn claim to have 9 suffered damages arising out of personal injury and/or bodily injury and/or death from the crash, which occurred at the Sun 10 Valley Mall, located in the County of Contra Costa, County of Contra Costa, California . 11 4 . The County of Contra Costa is responsible for the 12 design, construction, maintenance, operation, and certification of the Concord Buchanan Airport, and control of 13 its use. The County of Contra Costa is further responsible for the certification, permission, approval, and the provision 14 of zoning and ordinances permitting the construction of the Sun Valley Mall, attracting a great number of persons, in 15 close proximity to the Buchanan Field Airport, and below and directly within a heavily traveled air corridor in the 16 vicinity of the airport . 17 5 . On June 1, 1987, a a Master Consolidated Complaint for Damages on behalf of all personal injury and wrongful 18 death plaintiffs was filed in the Superior Court of the State of California, In and For the County of Contra Costa, Judicial 19 Council Coordination Proceeding No. 2026, under title of SUN VALLEY AIR CRASH CASES. In said Complaint, plaintiffs, Cathy 20 Davis and Dayle Dunn allege, inter alia, that on December 23 , 1985, decedent James M. Graham and others negligently operated 21 and controlled the subject aircraft, causing it to crash while attempting a landing at the Concord Buchanan Airport. Said 22 complaint was served upon claimant, Estate of Graham, on or about June 25, 1987 . 23 24 25 26 -2- 1 6 . If, in fact, said plaintiffs Cathy Davis and Dayle Dunn sustained damages as alleged in said Complaint, said 2 damages were caused by the primary and active negligence, creation and/or maintenance of a dangerous condition of public 3 property or other fault of the County of Contra Costa. Claimant, therefore, alleges that it is entitled as a matter 4 of law to indemnity from the County of Contra Costa for any judgment or settlement in favor of plaintiffs Cathy Davis and 5 Dayle Dunn together with claimant ' s attorneys ' fees and costs . 6 7 . Further, if claimant is liable to said plaintiffs, 7 Cathy Davis and Dayle Dunn it will be because of the comparative negligence, creation and/or maintenance of a 8 dangerous condition of public property or other fault of the County of Contra Costa. Accordingly, claimant alleges that 9 the County of Contra Costa is required by law to contribute to the amount of any judgment or settlement in favor of said 10 Plaintiffs, in accordance with the comparative degree and nature of its fault in causing said plaintiffs ' damages, if 11 any, and is required to reimburse and indemnify and hold claimant harmless for the amount of any such judgment or 12 settlement which is in excess of claimant ' s proportional share thereof, if any, as determined by the comparative degree and 13 nature of the respective fault in causing plaintiffs ' damages, if any. 14 8 . As of the date of the filing of this claim, the 15 extent of the damages and injuries incurred by said plaintiffs in the above-mentioned action is unknown to claimant, and will 16 be determined in the aforementioned, pending litigation. 17 9 . At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 18 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant . 19 10 . At the time of the presentation of this claim, 20 claimant seeks the total amount - of potential recovery by plaintiffs in said Judicial Council Coordination Proceeding, 21 22 23 24 25 26 -3- 1 (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney' s fees it may suffer as a result 3 of the complaint brought by said plaintiffs, against claimant, in said Judicial Council Coordination Proceeding. 4 DATED: July`-3, 1987 . 5 FISHER & HURST 7 BY: 8 . ` MORIS DAVIDOVITZ, A Ttorneys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -4- CLAIM 110 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed bye BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT August 25, 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 ofR1 (Paragraph IV below), given pursuant to Government Cod DUnse/ Amount: Unspecified Section 913 and 915.4. Please note all "Warni4UG o DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JAM'!-61 lei CLAIMANT: CC c/o Fisher & Hurst (Salvatore Cicero , efAa��$53 ATTORNEY: At Stephen C. Kenney, Esq. Moris Davidovitz , Esq-Date received ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29 , 1987 Transmittal 25th Floor San Francisco, CA 94111-4132By MAIL POSTMARKED: July 23 , 1987 Certified P 017967989 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL gATCHELOR, Clerk DATED: July 31 , 1987 �q: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (X) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: M12 a �• puty County Counsel I11. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present 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. C Dated: AUG 2 5 1987 pHII BATCHELOR, Clerk, By Z/ /GL� , 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 2.6 1987 BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator STEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. LAW OFFICES OF RECEIVED 1 FISHER 8 HORST xry FOUR EMBARCADERO CENTER AUL 198T 2 SAN FRANCISCO, CALIFORNIA 94111 111 TELEPHONE (415) 956-8000 OR 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, 6 as the Executrix of the ESTATE OF JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) 12 THE ESTATE OF JAMES M. GRAHAM, ) CLAIM FOR INDEMNITY 13 Claimant, ) 14 v. ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent. ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is 23 as follows : 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 2 . The post office address to which claimant desires notice of this claim to be sent is as follows : 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23 , 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg . No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Salvatore Cicero and Ann Cicero claim to 9 have suffered damages arising out of personal injury and/or bodily injury and/or death from the crash, which occurred at 10 the Sun Valley Mall, located in the County of Contra Costa, County of Contra Costa, California. 11 4 . The County of Contra Costa is responsible for the 12 design, construction, maintenance, operation, and certification of the Concord Buchanan Airport, and control of 13 its use. The County of Contra Costa is further responsible for the certification, permission, approval, and the provision 14 of zoning and ordinances permitting the construction of the Sun Valley Mall, attracting a great number of persons, in 15 close proximity to the Buchanan Field Airport, and below and directly within a heavily traveled air corridor in the 16 vicinity of the airport. 17 5 . On June 1, 1987, a a Master Consolidated Complaint for Damages on behalf of all personal injury and wrongful 18 death plaintiffs was filed in the Superior Court of the State of California, In and For the County of Contra Costa, Judicial 19 Council Coordination Proceeding No. 2026, under title of SUN VALLEY AIR CRASH CASES. In said Complaint, plaintiffs, 20 Salvatore Cicero and Ann Cicero allege, inter alia, that on December 23, 1985, decedent James M. Graham and others 21 negligently operated and controlled the subject aircraft, causing it to crash while attempting a landing at the Concord 22 Buchanan Airport . Said complaint was served upon claimant, Estate of Graham, on or about June 25, 1987. 23 24 25 26 -2- i s I r 1 6 . If, in fact, said plaintiffs Salvatore Cicero and Ann Cicero sustained damages as alleged in said Complaint, 2 said damages were caused by the primary and active negligence, creation and/or maintenance of a dangerous condition of public 3 property or other fault of the County of Contra Costa. Claimant, therefore, alleges that it is entitled as a matter 4 of law to indemnity from the County of Contra Costa for any judgment or settlement in favor of plaintiffs Salvatore Cicero 5 and Ann Cicero together with claimant ' s attorneys ' fees and costs . 6 7. Further, if claimant is liable to said plaintiffs, 7 Salvatore Cicero and Ann Cicero it will be because of the comparative negligence, creation and/or maintenance of a 8 dangerous condition of public property or other fault of the County of Contra Costa. Accordingly, claimant alleges that 9 the County of Contra Costa is required by law to contribute to the amount of any judgment or settlement in favor of said 10 plaintiffs, in accordance with the comparative degree and nature of its fault in causing said plaintiffs ' damages, if 11 any, and is required to reimburse and indemnify and hold claimant harmless for the amount of any such judgment or 12 settlement which is in excess of claimant ' s proportional share thereof, if any, as determined by the comparative degree and 13 nature of the respective fault in causing plaintiffs ' damages, if any. 14 8 . As of the date of the filing of this claim, the 15 extent of the damages and injuries incurred by said plaintiffs in the above-mentioned action is unknown to claimant, and will 16 be determined in the aforementioned, pending litigation. 17 9 . At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 18 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant . 19 10 . At the time of the presentation of this claim, 20 claimant seeks the total amount of potential recovery by plaintiffs in said Judicial Council Coordination Proceeding, 21 22 23 24 25 26 -3- 1 (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney' s fees it may suffer as a result 3 of the complaint brought by said plaintiffs, against claimant, in said Judicial Council Coordination Proceeding. 4 DATED: July:a, 1987 . 5 FISHER & HURST 7 BY: t.�-- 8 �MORIS DAVIDOVITZ, Attorneys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -4- CLAIM BOARD CF 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 2 5 , .A and Board Action. All Section references are to ) The copy of this document mailed to you is your notice Ol!/�S@1 California Government Codes. ) the action taken on your claim by the Board of SNS isors (Paragraph IV below), given pursuant to Government r dl x ' 1987 Amount: Unspecified Section 913 and 915.4. Please note all "Warninyile2 ,q CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JAMES- M. GRAN 84553 c/o Fisher & Hurst (Charlotte Eros , et al) ATTORNEY: Attn: Stephen C. Kenney, Esq. Moris Davidovitz , Esq-Date received ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29, 1987 Transmittal 25th Floor San Francisco, CA 94111-413;; MAIL POSTMARKED: July 23 , 1987 Certified P 017967989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. QQHHIL BATCHELOR, Clerk DATED: July 31 , 1987 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: J �� 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 (J� ) This Claim is rejected in full. /( `) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. AUG 2 5 1967 Dated: PHIL BATCHELOR, Clerk, Bye / 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 6. 1987 BY: PHIL BATCHELOR by � �Deputy Clerk CC: County Counsel County Administrator ( ' "I'%PHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. LAW OFFICES OF 1 FISHER 8 HURST 9198] FOUR EMBARCADERO CENTER 2 SAN FRANCISCO, CALIFORNIA 94111 TELEPHONE (415) 956-8000 ' 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, 6 as the Executrix of the ESTATE OF JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) 12 THE ESTATE OF JAMES M. GRAHAM, ) CLAIM FOR INDEMNITY 13 Claimant, ) 14 V. ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent. ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910.4 . 22 1. The name and post office address of the claimant is 23 as follows: 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 . V • r 1 2. The post office address to which claimant desires notice of this claim to be sent is as follows: 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward' Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Charlotte Eros, individually and as 9 Guardian Ad Litem for Vincent Eros Amsden, a minor, claim to have suffered damages arising out of personal injury and/or 10 bodily injury and/or death from the crash, which occurred at the Sun Valley Mall, located in the County of Contra Costa, it County of Contra Costa, California. 12 4 . The County of Contra Costa is responsible for the design, construction, maintenance, operation, and 13 certification of the Concord Buchanan Airport, and control of its use. The County of Contra Costa is further responsible 14 for the certification, permission, approval, and the provision of zoning and ordinances permitting the construction of the 15 Sun Valley Mall, attracting a great number of persons, in close proximity to the Buchanan Field Airport, and below and 16 directly within a heavily traveled air corridor in the vicinity of the airport. 17 5. On June 1, 1987, a a Master Consolidated Complaint 18 for Damages on behalf of all personal injury and wrongful death plaintiffs was filed in the Superior Court of the State 19 of California, In and For the County of Contra Costa, Judicial Council Coordination Proceeding No. 2026, under title of SUN 20 VALLEY AIR CRASH CASES. In said Complaint, plaintiffs, Charlotte Eros, individually and as Guardian Ad Litem for 21 Vincent Eros Amsden, a minor, allege, inter alia, that on December 23, 1985, decedent James M. Graham and others 22 negligently operated and controlled the subject aircraft, causing it to crash while attempting a landing at the Concord 23 Buchanan Airport. Said complaint was served upon claimant, Estate of Graham, on or about June 25, 1987. 24 25 26 -2- 1 6 . If, in fact, said plaintiffs Charlotte Eros, individually and as Guardian Ad Litem for Vincent Eros Amsden, 2 a minor, sustained damages as alleged in said Complaint, said damages were caused by the primary and active _ negligence, 3 creation and/or maintenance of a dangerous condition of public property or other fault of the County of Contra Costa. 4 Claimant, therefore, alleges that it is entitled as a matter of law to indemnity from the County of Contra Costa for any 5 judgment or settlement in favor of plaintiffs Charlotte Eros, individually and as Guardian Ad Litem for Vincent Eros Amsden, 6 a minor, together with claimant' s attorneys ' fees and costs. 7 7. Further, if claimant is liable to said plaintiffs, Charlotte Eros, individually and as Guardian Ad Litem for 8 Vincent Eros Amsden, a minor, it will be because of the comparative negligence, creation and/or maintenance of a 9 dangerous condition of public property or other fault of the County of Contra Costa. Accordingly, claimant alleges that 10 the County of Contra Costa is required by law to contribute to the amount of any judgment or settlement in favor of said 11 Plaintiffs, in accordance with the comparative degree and nature of its fault in causing said plaintiffs ' damages, if 12 any, and is required to reimburse and indemnify and hold claimant harmless for the amount of any such judgment or 13 settlement which is in excess of claimant's proportional share thereof, if any, as determined by the comparative degree and 14 nature of the respective fault in causing plaintiffs ' damages, if any. 15 8. As of the date of the filing of this claim, the 16 extent of the damages and injuries incurred by said plaintiffs in the above-mentioned action is unknown to claimant, and will 17 be determined in the aforementioned, pending litigation. 18 9 . At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 19 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant. 20 10. At the time of the presentation of this claim, 21 claimant seeks the total amount of potential recovery by plaintiffs in said Judicial Council Coordination Proceeding, 22 23 24 25 26 -3- 1 (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney's fees it may suffer as a result 3 of the complaint brought by said plaintiffs, against claimant, in said Judicial Council Coordination Proceeding. 4 DATED: July Z 1987. 5 FISHER & HURST -� 6 BY: 8 /MORIS AVIDOVITZ, Attorneys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -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 25 , 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 Governmel%GAdg Amount: Unspecified Section 913 and 915.4. Please note all "Warnings". y COU . el CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JAMES- AJIPI c/o Fisher & Hurst ATTORNEY: Attn: Stephen C. Kenney, Esq. (Julie Garcia, etM�f�nBZ, C4 , Moris Davidovitz, Esq-Date received 94553 ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29 , 1987 Transmittal 25th Floor San Francisco, CA 94111-413;y MAIL POSTMARKED: July 23 , 1987 Certified P 017967989 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. fibIL gATCHELOR, Clerk DATED: July 31 , 1987 : Deputy / L. Hall 1I. FROM: County Counsel TO: Clerk of the Board of Supervisors (}—.This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: 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. C / Dated: A U G 2 5 1987 PHIL BATCHELOR, Clerk, By l , 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 6 1987 BY: PHIL BATCHELOR by �, V Deputy Clerk CC: County Counsel County Administrator STEPHEN C. KENNEY, ESQ. MORI5 DAVIDOVITZ, ESQ. LAW OFFICES OF RECEIVED 1 FISHER 8 HURST JUL 1981 FOUR EMBARCADERO CENTER 2 SAN FRANCISCO. CALIFORNIA 94111 TELEPHONE (413) 956-8000 �T �� 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, 6 as the Executrix of the ESTATE OF JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) 12 THE ESTATE OF JAMES M. GRAHAM, ) CLAIM FOR INDEMNITY 13 Claimant, ) ) 14 V. ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent. ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is 23 as follows : 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 2 . The post office address to which claimant desires notice of this claim to be sent is as follows : 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23 , 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of . a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Julie Garcia and Harry Garcia claim to 9 have suffered damages arising out of personal injury and/or bodily injury and/or death from the crash, which occurred at 10 the Sun Valley Mall, located in the County of Contra Costa, County of Contra Costa, California. 11 4 . The County of Contra Costa is responsible for the 12 design, construction, maintenance, operation, and certification of the Concord Buchanan Airport, and control of 13 its use. The County of Contra Costa is further responsible for the certification, permission, approval, and the provision 14 of zoning and ordinances permitting the construction of the Sun Valley Mall, attracting a great number of persons, in 15 close proximity to the Buchanan Field Airport, and below and directly within a heavily traveled air corridor in the 16 vicinity of the airport. 17 5 . On June 1, 1987, a a Master Consolidated Complaint for Damages on behalf of all personal injury and wrongful 18 death plaintiffs was filed in the Superior Court of the State of California, In and For the County of Contra Costa, Judicial 19 Council Coordination Proceeding No . 2026, under title of SUN VALLEY AIR CRASH CASES. In said Complaint, plaintiffs, Julie 20 Garcia and Harry Garcia allege, inter alia, that on December 23 , 1985, decedent James M. Graham and others negligently 21 operated and controlled the subject aircraft, causing it to crash while attempting a landing at the Concord Buchanan 22 Airport . Said complaint was served upon claimant, Estate of Graham, on or about June 25, 1987. 23 24 25 26 -2- 1 6 . If, in fact, said plaintiffs Julie Garcia and Harry Garcia sustained damages as alleged in said Complaint, said 2 damages were caused by the primary and active negligence, creation and/or maintenance of a dangerous condition of public 3 property or other fault of the County of Contra Costa. Claimant, therefore, alleges that it is entitled as a matter 4 of law to indemnity from the County of Contra Costa for any judgment or settlement in favor of plaintiffs Julie Garcia and 5 Harry Garcia together with claimant ' s attorneys ' fees and costs. 6 7. Further, if claimant is liable to said plaintiffs, 7 Julie Garcia and Harry Garcia it will be because of the comparative negligence, creation and/or maintenance of a 8 dangerous condition of public property or other fault of the County of Contra Costa. Accordingly, claimant alleges that 9 the County of Contra Costa is required by law to contribute to the amount of any judgment or settlement in favor of said 10 Plaintiffs, in accordance with the comparative degree and nature of its fault in causing said plaintiffs ' damages, if 11 any, and is required to reimburse and indemnify and hold claimant harmless for the amount of any such judgment or 12 settlement which is in excess of claimant ' s proportional share thereof, if any, as determined by the comparative degree and 13 nature of the respective fault in causing plaintiffs ' damages, if any. 14 B . As of the date of the filing of this claim, the 15 extent of the damages and injuries incurred by said plaintiffs in the above-mentioned action is unknown to claimant, and will 16 be determined in the aforementioned, pending litigation. 17 9 . At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 18 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant . 19 10 . At the time of the presentation of this claim, 20 claimant seeks the total amount of potential recovery by plaintiffs in said Judicial Council Coordination Proceeding, 21 22 23 24 25 26 -3- A v } V 1 (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney' s fees it may suffer as a result 3 of the complaint brought by said plaintiffs, against claimant, in said Judicial Council Coordination Proceeding . 4 DATED: July23, 1987. 5 FISHER & HURST 6 8 MORIS DAVIDOVITZ, Attorneys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -4- CLAIM ti 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 25 , 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 Supe (Paragraph IV below), given pursuant to Government Codey Cps Amount: Unspecified Section 913 and 915.4. Please note all "Warnings'/JG / nse/ CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JAMES-A4+/lIgei="198� c/o Fisher & Hurst (Robert and Nancy Oliver)' Cq 9qS ATTORNEY: Attn: Stephen C. Kenney, Esq. 53 Moris Davidovitz , Esq•Date received ADDRESS: Four .Embarcadero Center BY DELIVERY TO CLERK ON `July 29, 1987 Transmittal 25th Floor San Francisco, CA 94111-413;; MAIL POSTMARKED: July 23 , 1987 Certified P 017967989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: July 31 , 1987 IVIL �ep�tyLOR, clerk L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: L GC 2 �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. AUG 2 5 1987 Dated: PHIL BATCHELOR, Clerk, By —C� 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 2.6 1987 17 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator STEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. RECEIVED LAW OFFICES OF 1 FISHER 8 HURST JUL '701987 FOUR EMBARCADERO CENTER SAN FRANCISCO. CALIFORNIA 94111 2 TELEPHONE (415) 956-8000 Su 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, 6 as the Executrix of the ESTATE OF JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) 12 THE ESTATE OF JAMES M. GRAHAM, ) CLAIM FOR INDEMNITY 13 Claimant, ) 14 V. ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent . ) ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is 23 as follows : 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 2 . The post office address to which claimant desires notice of this claim to be sent is as follows : 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Robert and Nancy Oliver claim to have 9 suffered damages arising out of personal injury and/or bodily injury and/or death from the crash, which occurred at the Sun 10 Valley Mall, located in the County of Contra Costa, County of Contra Costa, California. 11 4 . The County of Contra Costa is responsible for the 12 design, construction, maintenance, operation, and certification of the Concord Buchanan Airport, and control of 13 its use. The County of Contra Costa is further responsible for the certification, permission, approval, and the provision 14 of zoning and ordinances permitting the construction of the Sun Valley Mall, attracting a great number of persons, in 15 close proximity to the Buchanan Field Airport, and below and directly within a heavily traveled air corridor in the 16 vicinity of the airport. 17 5 . On June 1, 1987, a a Master Consolidated Complaint for Damages on behalf of all personal injury and wrongful 18 death plaintiffs was filed in the Superior Court of the State of California, In and For the County of Contra Costa, Judicial 19 Council Coordination Proceeding No. 2026, under title of SUN VALLEY AIR CRASH CASES. In said Complaint, plaintiffs, Robert 20 and Nancy Oliver allege, inter alia, that on December 23, . 1985, decedent James M. Graham and others negligently operated 21 and controlled the subject aircraft, causing it to crash while attempting a landing at the Concord Buchanan Airport. Said 22 complaint was served upon claimant, Estate of Graham, on or about June 25, 1987. 23 24 25 26 -2- 1 6 . If, in fact, said plaintiffs Robert and Nancy Oliver sustained damages as alleged in said Complaint, said damages 2 were caused by the primary and active negligence, creation and/or maintenance of a dangerous condition of public property 3 or other fault of the County of Contra Costa. Claimant, therefore, alleges that it is entitled as a matter of law to 4 indemnity from the County of Contra Costa for any judgment or settlement in favor of plaintiffs Robert and Nancy Oliver 5 together with claimant ' s attorneys ' fees and costs . 6 7. Further, if claimant is liable to said plaintiffs, Robert and Nancy Oliver it will be because of the comparative 7 negligence, creation and/or maintenance of a dangerous condition of public property or other fault of the County of 8 Contra Costa. Accordingly, claimant alleges that the County of Contra Costa is required by law to contribute to the amount q of any judgment or settlement in favor of said plaintiffs, in accordance with the comparative degree and nature of its fault 10 in causing said plaintiffs ' damages, if any, and is required to reimburse and indemnify and hold claimant harmless for the 11 amount of any such judgment or settlement which is in excess of claimant ' s proportional share thereof, if any, as 12 determined by the comparative degree and nature of the respective fault in causing plaintiffs ' damages, if any. 13 8 . As of the date of the filing of this claim, the 14 extent of the damages and injuries incurred by said plaintiffs in the above-mentioned action is unknown to claimant, and will 15 be determined in the aforementioned, pending litigation. 16 9 • At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 17 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant. 18 10 . At the time of the presentation of this claim, 19 claimant seeks the total amount of potential recovery by plaintiffs in said Judicial Council Coordination Proceeding, 20 21 22 23 24 25 26 -3- 1 (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney' s fees it may suffer as a result 3 of the complaint brought by said plaintiffs, against claimant, in said Judicial Council Coordination Proceeding . 4 DATED: July7L3, 1987. 5 FISHER & HURST 6 " 8 e'MORIS DAVIDOVITZ, Attorneys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -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 Augu s t 25, 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 Su rvisors (Paragraph IV below), given pursuant to Governme Amount:• Unspecified Section 913 and 915.4. : Please note all -Warnings". y COVnse/ CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JAMEk MA�81 AttnFisher Ste henuCStKenne Esq. (Anh Oh, et al) 0/ne2, C,q 9Q ATTORNEY: P y� Floris Davidovitz, Esq-Date received 553 ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29, 1987 Transmittal 25th Floor San Francisco, CA 94111-413;; MAIL POSTMARKED: July 23 , 1987 Certified P 017967989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: Jul 31 1987 ��IL �eT�HtELOR, Clerk W- ,06� Y 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: �� lL/' BY: " i �a / Deputy County Counsel �l III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (�) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. AUG 2 5 1987 Dated: PHIL BATCHELOR, Clerk, By GL- — 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 6 1987 BY: PHIL BATCHELOR b �C' , ' /k✓GC.-C y De'uty Clerk CC: County Counsel County Administrator 8iEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. j> r�e j� HED LAW OFFICES OF 1 FISHER 8 HURST jUut, � 1987 FOUR EMBARCADERO CENTER 2 SAN FRANCISCO. CALIFORNIA 94111 OR TELEPHONE (415) 956-6000 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 6 JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) THE ESTATE OF JAMES M. GRAHAM, ) 12 ) CLAIM FOR INDEMNITY 13 Claimant, ) ) v. ) 14 15 COUNTY OF CONTRA COSTA, ) ) Respondent. ) 16 _ ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is as follows : 23 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 2 . The post office address to which claimant desires notice of this claim to be sent is as follows: 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Anh Oh, an incompetent person by and 9 through her Guardian Ad Litem, Xuyen Luong, Xuyen Luong individually, and Anh Oh, by and through her Guardian Ad Litem 10 Xuyen Luong, and Xuyen Luong, heir of Alexander Luong, deceased, a minor, claim to have suffered damages arising out 11 of personal injury and/or bodily injury and/or death from the crash, which occurred at the Sun Valley Mall, located in the 12 County of Contra Costa, County of Contra Costa, California. 13 4 . The County of Contra Costa is responsible for the design, construction, maintenance, operation, and 14 certification of the Concord Buchanan Airport, and control of its use. The County of Contra Costa is further responsible 15 for the certification, permission, approval, and the provision of zoning and ordinances permitting the construction of the 16 Sun Valley Mall, attracting a great number of persons, in close proximity to the Buchanan Field Airport, and below and 17 directly within a heavily traveled air corridor in the vicinity of the airport. 18 5. On June 1, 1987, a a Master Consolidated Complaint 19 for Damages on behalf of all personal injury and wrongful death plaintiffs was filed in the Superior Court of the State 20 of California, In and For the County of Contra Costa, Judicial Council Coordination Proceeding No. 2026, under title of SUN 21 VALLEY AIR CRASH CASES. In said Complaint, plaintiffs, Anh Oh, an incompetent person by and through her Guardian Ad 22 Litem, Xuyen Luong, Xuyen Luong individually, and Anh Oh, by and through her Guardian Ad Litem Xuyen Luong, and Xuyen 23 Luong, heir of Alexander Luong, deceased, a minor, allege, i.nater alia, that on December 23, 1985, decedent James M. 24 Graham and others negligently operated and controlled the subject aircraft, causing it to crash while attempting a 25 landing at the Concord Buchanan Airport. Said complaint was served upon claimant, Estate of Graham, on or about June 25, 26 1987. -2- 1 6. If, in fact, said plaintiffs Anh Oh, an incompetent person by and through her Guardian Ad Litem, Xuyen Luong, 2 Xuyen Luong individually, and Anh Oh, by and through her Guardian Ad Litem Xuyen Luong, and Xuyen Luong, heir of 3 Alexander Luong, deceased, a minor, sustained damages as alleged in said Complaint, said damages were caused by the 4 primary and active negligence, creation and/or maintenance of a dangerous condition of public property or other fault of the 5 County of Contra Costa. Claimant, therefore, alleges that it is entitled as a matter of law to indemnity from the County of 6 Contra Costa for any judgment or settlement in favor of plaintiffs Anh Oh, an incompetent person by and through her 7 Guardian Ad Litem, Xuyen Luong, Xuyen Luong individually, and Anh Oh, by and through her Guardian Ad Litem Xuyen Luong, and 8 Xuyen Luong, heir of Alexander Luong, deceased, a minor, together with claimant 's attorneys ' fees and costs . 9 7. Further, if claimant is liable to said plaintiffs, 10 Anh Oh, an incompetent person by and through her Guardian Ad Litem, Xuyen Luong, Xuyen Luong individually, and Anh Oh, by 11 and through her Guardian Ad Litem Xuyen Luong, and Xuyen Luong, heir of Alexander Luong, deceased, a minor, it will be 12 because of the comparative negligence, creation and/or maintenance of a dangerous condition of public property or 13 other fault of the County of Contra Costa. Accordingly, claimant alleges that the County of Contra Costa is required 14 by law to contribute to the amount of any judgment or settlement in favor of said plaintiffs, in accordance with the 15 comparative degree and nature of its fault in causing said plaintiffs ' damages, if any, and is required to reimburse and 16 indemnify and hold claimant harmless for the amount of any such judgment or settlement which is in excess of claimant's 17 proportional share thereof, if any, as determined by the comparative degree and nature of the respective fault in 18 causing plaintiffs ' damages, if any. 19 8• As of the date of the filing of this claim, the extent of the damages and injuries incurred by said plaintiffs 20 in the above-mentioned action is unknown to claimant, and will be determined in the aforementioned, pending litigation. 21 9. At the present time, the identity of the employee or 22 employees of the County of Contra Costa who caused the creation and continued existence of the aforementioned 23 dangerous conditions, is unknown to claimant. 24 10. At the time of - the presentation of this claim, claimant seeks the total amount 'of potential recovery 'by 25 plaintiffs in said Judicial Council Coordination Proceeding, 26 -3- e 9 1 (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney' s fees it may suffer as a result 3 of the complaint brought by said plaintiffs, against claimant, in said Judicial Council Coordination Proceeding. 4 - -, DATED: July Y , 1987. 5 FISHER & HURST 6 - BY: 8 ,kORIS DAVIDOVITZ, Mtorneys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 - 25 26 -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 2 Oar7 and Board Action. All Section references are to ) The copy of this document mailed to you is your notic 9 Co California Government Codes. ) the action taken on your claim by the Board of S j�isors UnSE/ (Paragraph IV below), given pursuant to Gove pmeTn Ud©� Amount: Unspecified Section 913 and 915.4. Please note all "Warne 981 CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JAMES- M. dK :4653 c/o Fisher & .Hurst ATTORNEY: At Stephen C. Kenney, Esq. (Mario Molina, Sr. , et al) Moris Davidovitz, Esq-Date received ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29 , 1987 Transmittal 25th Floor San Francisco, CA 94111-413;y MAIL POSTMARKED: July 23 , 1987 Certified P 017967989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. fidIL gATCHELOR, Clerk DATED: July 31 , 1987 : 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: 07 BY: ,/�'// Deputy County Counsel II1. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOX ARD 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 25 1987 i ��� 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 6 1987 Dated: BY: PHIL BATCHELOR by Z_� Deputy Clerk CC: County Counsel County Administrator STEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ, RECEIVED LAW OFFICES OF 1 FISHER 8 HURST JULI/•YL//y yr FOUR EMBARCADERO CENTER 2 SAN FRANCISCO. CALIFORNIA 94111 TELEPHONE (415) 956.8000 .M- 13 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 6 JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) THE ESTATE OF JAMES M. GRAHAM, ) 12 ) CLAIM FOR INDEMNITY 13 Claimant, ) ) 14 V. ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent. ) ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910.4 . 22 1. The name and post office address of the claimant is as follows: 23 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 2 . The post office address to which claimant desires notice of this claim to be sent is as follows: 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Mario Molina, Sr. , individually and as 9 Guardian Ad Litem for Mario Molina, Molina, Jr. , a minor, claim to have suffered damages arising out of personal injury 10 and/or bodily injury and/or death from the crash, which occurred at the Sun Valley Mall, located in the County of 11 Contra Costa, County of Contra Costa, California. 12 4 . The County of Contra Costa is responsible for the design, construction, maintenance, operation, and 13 certification of the Concord Buchanan Airport, and control of its use. The County of Contra Costa is further responsible 14 for the certification, permission, approval, and the provision of zoning and ordinances permitting the construction of the 15 Sun Valley Mall, attracting a great number of persons, in close proximity to the Buchanan Field Airport, and below and 16 directly within a heavily traveled air corridor in the vicinity of the airport. 17 5. On June 1, 1987, a a Master Consolidated Complaint 18 for Damages on behalf of all personal injury and wrongful death plaintiffs was filed in the Superior Court of the State 19 of California, In and For the County of Contra Costa, Judicial Council Coordination Proceeding No. 2026, under title of SUN 20 VALLEY AIR CRASH CASES. In said Complaint, plaintiffs, Mario Molina, Sr. , individually and as Guardian Ad Litem for Mario 21 Molina, Molina, Jr. , a minor, allege, inter alfa, that on December 23, 1985, decedent James M. Graham and others 22 negligently operated and controlled the subject aircraft, causing it to crash while attempting a landing at the Concord 23 Buchanan Airport. Said complaint was served upon claimant, Estate of Graham, on or about June 25, 1987. 24 25 26 -2- 1 6. If, in fact, said plaintiffs Mario Molina, Sr. , individually and as Guardian Ad Litem for Mario Molina, 2 Molina, Jr. , a minor, sustained damages as alleged in said Complaint, said damages were caused by the primary and active 3 negligence, creation and/or maintenance of a dangerous condition of public property or other fault of the County of 4 Contra Costa. Claimant, therefore, alleges that it is entitled as a matter of law to indemnity from the County of 5 Contra Costa for any judgment or settlement in favor of plaintiffs Mario Molina, Sr. , individually and as Guardian Ad 6 Litem for Mario Molina, Molina, Jr. , a minor, together with claimant ' s attorneys ' fees and costs. 7 7. Further, if claimant is liable to said plaintiffs, 8 Mario Molina, Sr. , individually and as Guardian Ad Litem for Mario Molina, Molina, Jr. , a minor, it will be because of the 9 comparative negligence, creation and/or maintenance of a dangerous condition of public property or other fault of the 10 County of Contra Costa. Accordingly, claimant alleges that the County of Contra Costa is required by law to contribute to 11 the amount of any judgment or settlement in favor of said plaintiffs, in accordance with the comparative degree and 12 nature of its fault in causing said plaintiffs ' damages, if any, and is required to reimburse and indemnify and hold 13 claimant harmless for the amount of any such judgment or settlement which is in excess of claimant 's proportional share 14 thereof, if any, as determined by the comparative degree and nature of the respective fault in causing plaintiffs' damages, 15 if any. 16 8 • As of the date of the filing of this claim, the extent of the damages and injuries incurred by said plaintiffs 17 in the above-mentioned action is unknown to claimant, and will be determined in the aforementioned, pending litigation. 18 9 . At the present time, the identity of the employee or 19 employees of the County of Contra Costa who caused the creation and continued existence of the aforementioned 20 dangerous conditions, is unknown to claimant. 21 10. At the time of the presentation of this claim, claimant seeks the total amount of potential recovery by 22 plaintiffs in said Judicial Council Coordination Proceeding, 23 24 25 26 -3- 4 i 1 (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney' s fees it may suffer as a result 3 of the complaint brought by said plaintiffs, against claimant, in said Judicial Council Coordination Proceeding. 4 DATED: July 23, 1987. 5 FISHER & HURST 6 f<_ BY, 8 MORIS DAVIDOVITZ, Attorneys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -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 25 , 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 Governmftbode Amount: Unspecified Section 913 and 915.4. Please note all "Warnings". my CO CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JAMES- 141J# Uftej c/o Fisher & Hurst MsY198'? ATTORNEY: Attn: Stephen C. Kenney, Esq. (Kenneth Lui, et al) rt1176j , Cq 94 ,5,5,1 Davidovitz , Esq-Date received `S53 ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29 , 1987 Transmittal 25th Floor San Francisco, CA 94111-413;; MAIL POSTMARKED: ,July 23 , 1987 Certified P 017967989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ��IL gATCHELOR, Clerk DATED: July 31 , 1987 : Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (,X This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ) BY: ,%/ 1,11'6'_!Z / ,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. BOX ARD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. AUG 2 5 1987 • Dated: PHIL BATCHELOR, Clerk, By Y, �� Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. 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: OG 2 6 1987 BY: PHIL BATCHELOR by Z_A���__,Veputy Clerk CC: County Counsel County Administrator STEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. ���� C� LAW OFFICES OF 1 FISHER 8 HuRST JUL X/?%7 FOUR EMBARCADERO CENTER 2 SAN FRANCISCO, CALIFORNIA 94111 M TELEPHONE (415) 956-8000 t 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 6 JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) THE ESTATE OF JAMES M. GRAHAM, ) 12 ) CLAIM FOR INDEMNITY 13 Claimant, ) ) v. ) 14 ) 15 COUNTY OF CONTRA COSTA, ) ) 16 Respondent. ) ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is as follows : 23 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- ' 1 2. The post office address to which claimant desires notice of this claim to be sent is as follows: 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Kenneth Lui, Virginia Lui and Kenneth 9 Matthew Lui, a minor, claim to have suffered damages arising out of personal injury and/or bodily injury and/or death from 10 the crash, which occurred at the Sun Valley Mall, located in the County of Contra Costa, County of Contra Costa, 11 California. 12 4 . The County of Contra Costa is responsible for the design, construction, maintenance, operation, and 13 certification of the Concord Buchanan Airport, and control of its use. The County of Contra Costa is further responsible 14 for the certification, permission, approval, and the provision of zoning and ordinances permitting the construction of the 15 Sun Valley Mall, attracting a great number of persons, in close proximity to the Buchanan Field Airport, and below and 16 directly within a heavily traveled air corridor in the vicinity of the airport. 17 5. On June 1, 1987, a a Master Consolidated Complaint i8 for Damages on behalf of all personal injury and wrongful death plaintiffs was filed in the Superior Court of the State 19 of California, In and For the County of Contra Costa, Judicial Council Coordination Proceeding No. 2026, under title of SUN 20 VALLEY AIR CRASH CASES. In said Complaint, plaintiffs, Kenneth Lui, Virginia Lui and Kenneth Matthew Lui, a minor, 21 allege, inter alfa, that on December 23, 1985, decedent James M. Graham and others negligently operated and controlled the 22 subject aircraft, causing it to crash while attempting a landing at the Concord Buchanan Airport. Said complaint was 23 served upon claimant, Estate of Graham, on or about June 25, 1987. 24 25 26 -2- 1 6. If, in fact, said plaintiffs Kenneth Lui, Virginia Lui and Kenneth Matthew Lui, a minor, sustained damages as 2 alleged in said Complaint, said damages were caused by the primary and active negligence, creation and/or maintenance of 3 a dangerous condition of public property or other fault of the County of Contra Costa. Claimant, therefore, alleges that it 4 is entitled as a matter of law to indemnity from the County of Contra Costa for any judgment or settlement in favor of 5 plaintiffs Kenneth Lui, Virginia Lui and Kenneth Matthew Lui, a minor, together with claimant ' s attorneys ' fees and costs. 6 7. Further, if claimant is liable to said plaintiffs, 7 Kenneth Lui, Virginia Lui and Kenneth Matthew Lui, a minor, it will be because of the comparative negligence, creation and/or 8 maintenance of a dangerous condition of public property or other fault of the County of Contra Costa. Accordingly, 9 claimant alleges that the County of Contra Costa is required by law to contribute to the amount of any judgment or 10 settlement in favor of said plaintiffs, in accordance with the comparative degree and nature of its fault in causing said 11 Plaintiffs ' damages, if any, and is required to reimburse and indemnify and hold claimant harmless for the amount of any 12 such judgment or settlement which is in excess of claimant' s proportional share thereof, if any, as determined by the 13 comparative degree and nature of the respective fault in causing plaintiffs ' damages, if any. 14 B. As of the date of the filing of this claim, the 15 extent of the damages and injuries incurred by said plaintiffs in the above-mentioned action is unknown to claimant, and will 16 be determined in the aforementioned, pending litigation. 17 9 . At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 18 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant. 19 10 . At the time of the presentation of this claim, 20 claimant seeks the total amount of potential recovery by plaintiffs in said Judicial Council Coordination Proceeding, 21 22 23 24 25 26 -3- 1 (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney' s fees it may suffer as a result 3 of the complaint brought by said plaintiffs, against claimant, in said Judicial Council Coordination Proceeding. 4 DATED: July-' 3 , 1987. 5 FISHER & HURST 6 7 %> - BY: 8 j%-MORIS DAVIDOVITZ, Attorneys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -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 25, 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 Swvisors (Paragraph IV below), given pursuant to Government U26 C Amount: Unspecified Section 913 and 915.4. Please note all "Warninglrt o�17se/ CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTRIX OF THE ESTATE OF JAMErp1A, G 8J c/o Fisher & Hurst �ne2 ATTORNEY: Attn: Stephen C. Kenney, Esq. (Shelly White Sheppie, etC���553 Moris Davidovitz, Esq-Date received ADDRESS: Four Embarcadero Center BY DELIVERY TO CLERK ON July 29, 1987 Transmittal 25th Floor San Francisco, CA 94111-413;; MAIL POSTMARKED: July 23 , 1987 Certified P 017967989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pH g DATED: Jul 31 , 1987 BYIL Deputy OR, Clerk L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: AUG 2 5 1981 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 2.6 1987 BY: PHIL BATCHELOR by 1491Z-4��Deputy Clerk CC: County Counsel County Administrator STEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. LAW OFFICES OF D 1 FISHER 8 HURST JU4��1981 FOUR EMBARCADERO CENTER SAN FRANCISCO. CALIFORNIA 94111 L� 2 TELEPHONE (415) 956.8000 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, 6 as the Executrix of the ESTATE OF JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) THE ESTATE OF JAMES M. GRAHAM, ) 12 ) CLAIM FOR INDEMNITY 13 Claimant, ) 14 V. ) 15 COUNTY OF CONTRA COSTA, ) 16 Respondent. ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910.4 . 22 1. The name and post office address of the claimant is 23 as follows : 24 DOROTHY A. GRAHAM, as the Executrix of the ESTATE OF JAMES M. GRAHAM 25 c/o FISHER & HURST Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 2 . The post office address to which claimant desires. notice of this claim to be sent is as follows: 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Shelly White Sheppie and Robert Sheppie 9 claim to have suffered damages arising out of personal injury and/or bodily injury and/or death from the crash, which 10 occurred at the Sun Valley Mall, located in the County of Contra Costa, County of Contra Costa, California. 11 4 . The County of Contra Costa is responsible for the 12 design, construction, maintenance, operation, and certification of the Concord Buchanan Airport, and control of 13 its use. The County of Contra Costa is further responsible for the certification, permission, approval, and the provision 14 of zoning and ordinances permitting the construction of the Sun Valley Mall, attracting a great number of persons, in 15 close proximity to the Buchanan Field Airport, and below and directly within a heavily traveled air corridor in the 16 vicinity of the airport. 17 5. On June 1, 1987, a a Master Consolidated Complaint for Damages on behalf of all personal injury and wrongful 18 death plaintiffs was filed in the Superior Court of the State of California, In and For the County of Contra Costa, Judicial 19 Council Coordination Proceeding No. 2026, under title of SUN VALLEY AIR CRASH CASES. In said Complaint, plaintiffs, Shelly 20 White Sheppie and Robert Sheppie allege, inter alia, that on December 23, 1985, decedent James M. Graham and others 21 negligently operated and controlled the subject aircraft, causing it to crash while attempting a landing at the Concord 22 Buchanan Airport. Said complaint was served upon claimant, Estate of Graham, on or about June 25, 1987. 23 24 25 26 -2- 1 6. If, in fact, said plaintiffs Shelly White Sheppie and Robert Sheppie sustained damages as alleged in said 2 Complaint, said damages were caused by the primary and active negligence, creation and/or maintenance of a dangerous 3 condition of public property or other fault of the County of Contra Costa. Claimant, therefore, alleges that it is 4 entitled as a matter of law to indemnity from the County of Contra Costa for any judgment or settlement in favor of 5 plaintiffs Shelly White Sheppie and Robert Sheppie together with claimant ' s attorneys ' fees and costs. 6 7. Further, if claimant is liable to said plaintiffs, 7 Shelly White Sheppie and Robert Sheppie it will be because of the comparative negligence, creation and/or maintenance of a 8 dangerous condition of public property or other fault of the County of Contra Costa. Accordingly, claimant alleges that 9 the County of Contra Costa is required by law to contribute to the amount of any judgment or settlement in favor of said 10 plaintiffs, in accordance with the comparative degree and nature of its fault in causing said plaintiffs ' damages, if 11 any, and is required to reimburse and indemnify and hold claimant harmless for the amount of any such judgment or 12 settlement which is in excess of claimant' s proportional share thereof, if any, as determined by the comparative degree and 13 nature of the respective fault in causing plaintiffs ' damages, if any. 14 8 . As of the date of the filing of this claim, the 15 extent of the damages and injuries incurred by said plaintiffs in the above-mentioned action is unknown to claimant, and will 16 be determined in the aforementioned, pending litigation. 17 9 . At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 18 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant. 19 10. At the time of the presentation of this claim, 20 claimant seeks the total amount of potential recovery by plaintiffs in said Judicial Council Coordination Proceeding, 21 22 23 24 25 26 -3- 1 (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra Costa to 2 provide a defense to and indemnify claimant for any and all damages, costs, and attorney's fees it may suffer as a result 3 of the complaint brought by said plaintiffs, against claimant, in said Judicial Council Coordination Proceeding. 4 DATED: July 2y, 1987. 5 FISHER & HURST 6 7 BY; -- 8 MORIS DAVIDOVITZ, httorneys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -4-