HomeMy WebLinkAboutMINUTES - 08021988 - 1.2 (2) — 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 2 , 1988
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: $10, 000. 00 Section 913 and 915.4. Please note all "Warnings', %Anty epEam
CL AIMANT: ROBERT EUGENE ROMAN u
c/o Kathleen M. Henry
ATTORNEY: Law Offices of Kathleen M. Henry :,art riez, CA 1D,1
2190 Meridian Park Blvd. #G Date received
ADDRESS: Concord, CA 94520 BY DELIVERY TO CLERK ON July 8 , 1988' hand del ,
BY MAIL POSTMARKED: no envelope
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
July BY: D11, 1.988 PpHHIL BATCHELOR, Clerk
DATED: eputy
L. Hall
Il. FROM.; County Counsel TO Clerk of the Board of Supervisors
This claim complies substantially with Sections 910 and 910.2.
(, ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: BY: Deputy County Counsel
II1. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
AThis 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 PHIL BATCHELOR, Clerk, ByS&�tZe=:::��, ,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
1 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.
AUS pp
Dated: 19� BY: PHIL BATCHELOR by r eputy Clerk
CC: County Counsel County Administrator
1 KATHLEEN M. HENRY
LAW- OFFICES OF KATHLEEN M. HENRY
2190 Meridian Park Blvd. , Ste. G
2 Concord, CA 94520
3 (415) 687-4110
4 ttorney for Claimant, , Robert Eugene Roman
5
Claim of ROBERT EUGENE ROMAN CLAIM AGAINST COUNTY OF
6 CONTRA COSTA
7 Claimant, (Govt Code
�Section 910)
V.
8 RECEIVED
9 COUNTY OF CONTRA COSTA,
/U:3o Q
10 TO: COUNTY OF CONTRA COSTA
Board of Supervisors CLERK BOARD T SULPER)ISC:,'
11 805 Las Juntas C!.0 TRa c ,. co. '
Martinez, CA 94553 By
��L1 pity
12
13 Pursuant to California Government Code Section 910,
14 this claim is presented to the County of Contra Costa as follows:
15 Name and address of claimant is as follows: Robert
16 ugene Roman, 2961 Rio Grande Drive, Antioch, CA 94509.
17 The -circumstances giving rise to this claim are as
18 ollows: On January 12, 1988 at approximately 7:36 a.m.
19 claimant, Robert Eugene Roman was traveling westbound on. the
20 ittsburg/Antioch Highway just west of the intersection with Arcy
21 Lane, when his vehicle was struck head on by another vehicle
22 driven by Daniel William Bickar who had been travelling eastbound .
23 n the Pittsburg/Antioch Highway. Immediately prior to the
24 ollision - with claimant's vehicle, Mr. Bickar had almost collided
25 ith another vehicle which was stopped eastbound on the
26Pittsburg/Antioch Highway and attempting to makea left turn onto
27 rcy Lane.. That vehicle was driven by Ralph Flores Hernandez.
28
1
Claimant is informed and believes that Mr. Bickar was
1 -
2 blinded by the rising sun and, therefore, did not notice, until
3 the last moment, that the Hernandez .vehicle was stopped in front
4 of him in the traffic lane. In order to avoid colliding with the
Hernandez vehicle,, Mr. Bickar swerved 'to his left into the
5
westbound lane of the Pittsburg/Antioch Highway., where his
6
7 vehicle collided head on with claimant' s vehicle. Immediately
thereafter claimants vehicle was struck by a Contra Costa County
8
vehicle, driven by County employee, Helen Morrison.
9
Mr. Bickar was unable to swerve to the right because
10
there was no shoulder adjacent to the roadway which would allow
11
him to pass to the right and his only available escape from
12
colliding with the Hernandez vehicle was by swerving to his left
13
into the opposing westbound traffic lane.
14
The Antioch Police Department conducted an
15
investigation of the accident and prepared Report No. AT-88-
1-6
0051.
17
As a result of the collision claimant, who is 42 years
18
old, suffered severe and permanent injuries including permanent
1"9
brain damage and it is believed that he will require care for the
20
rest of his life. Claimant' s damages include hospital and
21
medical expenses, wage loss, loss of earning capacity and
22
property damage.
23
Claimant is uncertain as to which public entity has
24
legal jurisdiction and/or control over the roadway upon which the
25
aforementioned collision occurred. Given the fact that the City .
26
of Antioch Police Department investigated the accident, it would
27
appear that the City of Antioch has legal jurisdiction. In
28
2
1 order to, protect claimant's rights similar public entity claims
2 are being submitted to the City of Antioch, County of Contra
3. Costa and the Delta Diablo Sanitation District pursuant to
4 Government Code Section 910.
5 Claimant contends that the County of Contra Costa is
negligent in it failure to properly design, construct and
6
maintain the Pittsburg/Antioch highway at the location where the
7
collision occurred, including the -intersection with Arcy Lane.
8
Claimant further contends that the County of Contra Costa is . .,
9
negligent in its failure to provide traffic warning signs and/or
10
signals for both eastbound and westbound traffic at or about
11 .
where the. location collision occurred. Claimant further contends
12
that the County of Contra Costa is negligent in its failure to
13
provide a left turn lane for the Hernandez vehicle and is
14
negligent for its failure. to provide adequate shoulders for the
15
roadway which would have allowed the Bickar vehicle to pass the
16
Hernandez vehicle to the right rather than going into the
17
opposing westbound traffic lane. Claimant further contends that `
18
the County of Contra Costa is negligent in failing to post''A safe'
19
speed limit for the roadway. Claimant further contends that
20
County employee, Helen Morrison, negligently drove her vehicle
21
and allowed it to collide with claimant' s vehicle.
22
Claimant contends that such negligence on the part of
23
the County of. Contrw Costa and its employee, . Helen Morrison,
24
substantially contributed to the collision and injuries
25
proximately caused to date.
26
The individual and combined amount of. claimants claims
27
exceed TEN THOUSAND DOLLARS ($10,000) . Jurisdiction over said
28
3
claims will rest with the Superior Court in and for the County of
1
Contra Costa.
2
All .notices or other communications regarding this
3
claim are to be sent to .Kathleen M. Henry, Law Offices of
4
Kathleen M. Henry, 2190 Meridian Park Blvd. , Ste. G, Concord, CA
5
6 94520, (415 ) 687-4110.
Dated: July 1988., LAW OFFICES OF KATHLEEN M. .HENRY
9 By.
KATHLEEN M. HENRY
Attorney for Claima -
10
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` '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 , 1988
and Board Action. All Section references are to ) The copy of this document mailed to youis 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 "WX�;gQq'ty COUIISei
CLAIMANT: STEVEN A. OWENS JUL 111988
3110 Ida Drive Martinez, CA 94553
ATTORNEY: Concord, CA 9.4519
Date received
ADDRESS: BY DELIVERY TO CLERK ON July 8 , 1988 hand del .
BY MAIL POSTMARKED: no envelope
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is 'a copy of the above-noted claim.
PHIL BATCHELOR, Clerk
DATED: July 11 , 1988 BY: Deputy
L. Hall
H. FROM/:. County Counsel TO: Clerk of the Board of Supervisors
( ✓) This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other
i
Dated: ! 1 6 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.
AUG 2
Dated: 1%PW 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 4 BY: PHIL BATCHELOR by , eputy Clerk
CC: County Counsel County Administrator
^LAIM TO: BOARD OF SUPERVISORS OF CONTRA COS�T+ COt TY
§WUrR F1y1 la1 application to:
Instructions to Claimant Clerk of the Board
P.0.Box 911
A. Claims relating to causes of action for death or f roinjuryn o�533
person or to personal property or growing crops must be presented
not later-than the 100th day after the accrual of the cause. of
action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause
of action. (Sec. 911. 2,. Govt. Code)
B. Claims must be filed with the Clerk ,of the Board of Supervisors
at its office in Room 106, County Administration Building, 651 Pine
Street, Martinez , California 94553. .
C. If claim is against a district governed by, the Board of . Supervisors ,
rather than the County, the name of the District should be filled .in.
D. If the claim is against more than one public entity, separate claims
must be filed against each public entity. .-
E.
ntity. -E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end
of this form.
RE: Claim by ) Reserved for Clerk' s filing stamps
3110 I-DA _VP_ CONCC)O ch- /45(1? ) RE ..
Against the COUNTY OF CONTRA COSTA) ( 1Jt '1988.
or DISTRICT) B ELOR
(Fill in name) ) 'CL NT o
By uty
The undersigned claimant hereby makes claim against the County of ' Contra
Costa or the above-named District in the sum of $ 7j-, 610
and in support of this claim represents as follows :
------------------------------------------------------------------------
1. When did the damage or injury occur? (Give exact date and hour)
eV coc/iV7-' 74/4 AT 1-leV.AM aN 47aWC T yy,
4 �Gi��S i✓E u v,�dc E 7� 40C f7_ e__76,eT. o Sisd_y 7r KEIT -97 711----------------------------------
A�
lic�C41k�.fRAT,�?//
2. Where did the damage or injury occur? (Include city and, county)
e47444rTl' TfIL .-IrJ,QiE'ri tiE�
--------------------------
d -
----------------------------------------------
3. How did the amage or injury occur? (Give full details , use extra
sheets if required)
!/HifY�OvJ.0 .
-----------------------------------------------
4 . What particular act or omission on the part-of----county-------or---district----------
officers , servants or employees caused the injury or damage?
(over)
�'::5.,:,f• What. ar.e._the.-Alames of counts or district officers, servants or
snployees causing the damage or injury?
-------------------------------------------------------------------------
6. What damage or injuries do you claim resulted? (Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage)
11!,fle e9cRy41 s`r�i ��a�✓Ts LO�v6 StEE��El7 ?b�
/f'tiiR /.t'E SRL�RT Sfy�' / S� r1�v7 iii 9,e -Y -MCKS ..
7--. Ho-----w--------------------------------------------------- ----------was the amount claimed above computed? (Include the-- estimated---
amount of any prospective injury or damage. )
----- ---------------------------------- -----------------------
N
S. ames-----and-- -
addresses of witnesses , doctors and---hospitals.
-------------------------------------------------------------------------
9 . List„ the expenditures you made on account of this accident or injury :
D ?TE ITEM AMOUNT
Es y� 7
r
i
' Govt. Code Sec. 910 . 2 provides :
"The claim signed by t . claiman�.
SEND NOTICES TO: (Attorney) or by e--3e s o s behalf, '
Name and Address of Attorney ;-'
Claimant s �ignature
Addres
Telephone No. Telephone No.'
NOTICE
Section 72 of .the Penal Code provides:
"Every person who, with intent to defraud, presents for allowance or
for payment to any state board or officer, or to any county, town, ' city
district, ward or village board or officer, authorized to allow or pay
the same if genuine , anv 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 Augu s t 2 , 1988
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".
Counsel
CLAIMANT: PACIFIC GAS & ELECTRIC COMPANY
c/o Bernard J. Della Santa _+ . I. O 'j 1988
ATTORNEY: P. O. BOX 7442
San Francisco, CA 94120 Date received +vS ;�:,rre?� CA 9455
ADDRESS: BY DELIVERY TO CLERK ON July -7 , 1988
BY MAIL POSTMARKED: July C) , 1988
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Jul 7 , 1988 EgIL BATCHELOR, Clerk
DATED: y eputy
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: rX U 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 Superviscrs 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.
ALIG 2 1906
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 4 1986
Dated: BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
R RECEIVED
CEIV
LE r
CLAIM FOR DAMAGE
ISORS
TO: County of Contra` Costa '
2 Deauh
FROM: Pacific "Gas & Electric Company ( "PG&E" )
3
Claimant above named-named presents this claim to
4 the County of Contra Costa pursuant to Government Code
Section 910 , et.seq.
5
( 1) The name and address of the claimant is:.
6
PG&E.
7 77 Beale Street
San Francisco,. CA 94106-
8
( 2). The name and address to which claimant desires
9 notice "of.'this claim to be sent is:
10 Bernard J. Della Santa
PG&E
11 P. O. Box 7442
San; Franc.isco, CA 94120
12
13 ( 3.) The date, place and other circumstances of the
occurrence or transaction which .,give rise to this claim are:
14 As set forth in the attached Second Amended Complaint
2.. for Damages 'and Wrongful Death which is attached as Exhibit
15 A and incorporated herein by reference The attached Second
Amended Complaint for Damages 'and Wrongful Death was served
16 on PG&E on May 20, 1988.
1� ( 4) A general description of the indebtedness,
obligation, injury, damage or- loss incurred so far as it may
18. be known at- the time of this claim is:
19As set forth in Exhibit A, attached hereto.
.20 ( 5) The name or names of the public employee or
21 employees causing the injury, damage or loss is not known to
claimant at this time.
22 (6)- The amount claimed is as set forth 'in Exhibit A
23 attached hereto. ,
Dated: July 6 , 1988
24 By: . .
25 BERNARD J DEIXA SANTA
Attorneys for Cross-Defendant
26` PACIFIC GAS AND ELECTRIC COMPANY
1 William D. McCann, Esq.
Stephen L. R. McNichols, Jr.
2 MCNICHOLS, MCCANN, SEIBEL & INDERBITZEN JA
18 Crow Canyon Court, Suite 395 j
3 San Ramon, California 94583 y
(415) 838-7600
4
Attorneys for Plaintiffs
5
6
7
8 SUPERIOR COURT OF THE CALIFORNIA, COUNTY OF CONTRA COSTA
9
10 S. P. ADAMS AND SUE ANN
ADAMS, THE HEIRS OF SHANNON Case No. 293655
11 ADAMS, DECEASED,
SECOND AMENDED
12 Plaintiffs, COMPLAINT FOR DAMAGES
FOR WRONGFUL DEATH
13 VS. (CCP SEC. 377)
14 DONALD HAROLD CLARK, SHIRLEY
LEE KERR, LLOYD KENNEDY, PAULINE
15 KENNEDY, CITY OF DANVILLE, COUNTY
OF CONTRA COSTA, STATE OF CALIFORNIA
16 (CALTRANS) , SOUTHERN PACIFIC REAL
ESTATE CORPORATION, PACIFIC GAS &
17 ELECTRIC, DOES 1 THROUGH 40,
ROADWAY DESIGNERS DOES 41
18 THROUGH 601 ROADWAY MAINTAINERS
DOES 61 THROUGH 80, ROADWAY PLANNERS
19 DOES 81 THROUGH 100, ROADWAY BUILDER
AND DEVELOPER DOES 100 THROUGH 120,
20 BLACK AND WHITE CORPORATIONS 121
THROUGH 220, INCLUSIVE, DEVELOPER
21 BUILDER DEFENDANTS DOES 221
THROUGH 300,
22
Defendants.
23
24 COMES NOW plaintiffs, S. P. ADAMS and SUE ANN ADAMS,
25
26,
U� uu
IICMOLS. McCANN.
',EC 8 INDERBITZEN
MORNE•S A7 LAW
IOW CANON COURT.
Sui,E 395
4 RAM ON.CA 94583
•415; 830 7600
the heirs of SHANNON ADAMS, Deceased, . and amends the complaint on
1 file. herein as follows:
2 FIRST CAUSE OF ACTION
3 AS AND- FOR A FIRST CAUSE OF ACTION, PLAINTIFFS ALLEGE:
4 (1) Plaintiffs S.P. Adams and Sue Ann Adams are the
S parents, of decedent, Shannon Adams. Decedent. Shannon Adams was
b born on July 23 , 1969, ' and leaves neither issue nor spouse and
plaintiffs are the heirs left by Shannon Adams on 'her death
8 entitled"to bring this action.
9 (2) Plaintiffs are informed and believe and on ' such
10 information and belief allege that defendant Shirley Lee Kerr,
11 and Does 1 through 20, • are, and at all times herein mentioned
12 were, 'the -owners of a certain 1979 Freight Liner, License Number
13 -
1U39652 .
14 (3) Plaintiffs are informed and believe and on . such
15 information and belief allege that defendants Lloyd Kennedy and
16 Pauline Kennedy and Does 21: thr6ugh 40 are, and• at all times
17' herein mentioned were, the owners of a certain utility trailer,
18 California license VZ7073 .
19 (4) Plaintiffs are informed and believe and on such
20 informationand belief allege that at all times herein mentioned,
21 defendant Donald Harold Clark was.- the agent and employee of
22
defendants Kerr, Kennedy, Does 1 through 40, and Pacific .Gas &
23 Electric, and was at all times herein mentioned, acting within
. 24
the purpose. and scope of said agency .and employment and was
25
operating the aforementioned tractor-trailer with the consent and
' 26
NICHOLS, WCANN,
BEL It INDERBITZEN 2'
iTTORNEYS AT LAW
ROW CAN1ON COURT.
SUM 395 .. -
N RAMON.CA9.587-
1t15i 018 7600. -
permission of defendants, Kerr,_ Kennedy, Does 1 through 40, .and
1
Pacific Gas. & Electric.
2
(5) Plaintiffs are informed and believe and on such
3 . information and belief allege that the City of Danville is a duly
4 incorporated city of the State of California, and is a political
5 subdivision thereof, and is legally responsible for the damages
b claimed by plaintiffs herein.
(6) Plaintiffs are informed and believe and on such
8 information and belief allege that the County of Contra ..Costa is
9 a duly formed county within the State of California, and is a
10 political subdivision thereof, and is legally responsible for the'
II damages claimed by plaintiffs herein.
12 (7) Plaintiffs are informed and believe and on -. such
13 information and belief allege that the defendant CalTrans is an'
14 , agency of the State of California and is legally responsible for
15 the damages claimed by plaintiffs herein.
16
(8) " Plaintiffs are informed and believe and on such
17 information and belief allege ;that the defendant Pacific Gas & '
18
Electric Company ' is a public utility licensed to operate in .the
19
State , of California pursuant. to the jurisdiction of the Public
20
Utilities Commission, and is legally responsible for the damages
21
claimed by plaintiffs.
22 (9) Plaintiffs are informed and believe and . on such
23
information and. belief allege that Southern Pacific, Real Estate
24
Company, is a California corporation having a principal place of
25
business in the City of San Francisco, California, and is legally '
26
AICHOLS, MCCANN,
ISEL 8 INOERSITZEN 3
ATTORNFVS AT LAW
:ROW CANTON COURT, -
SUM 795
\N RAMON.CA 94583
1.151 BIB-IeJO
responsible for the damages claimed by plaintiff herein.
i (10) Plaintiffs have complied with the requisite claims
2 statutes governing claims against the aforesaid governmental
3 entities.
4 (11) Plaintiffs are ignorant of the true names ,
5 involvements, and capacities of defendants sued -herein as Does 1
6 through 40, Roadway Designers Does 41 through • 60 , .Roadway
Maintainers Does 61 through 80, Roadway Planners. Does 81 through
8 100, Roadway Builder and Developer Does 101 through 120, Black
9
and White Corporations 121 through 220; and Developer and Builder
10 Defendants Does 221 through 300, inclusive, and therefore sues
11 these does by such fictitious names. Plaintiffs will amend this
12 complaint to include their true names. and capacities when
13 ascertained
14. Plaintiffs are informed and believe and thereon allege.
15 that each of such fictitiously named defendants is responsible in
16 some manner for the occurrences herein alleged, and that ' the
17 death of Shannon Adams, as herein alleged, was proximately caused
18 by such defendants.`
19 (12) Jurisdiction is within the .Superior Court of the
20, State of California,' County of Contra Costa, insofar as the
21
amount in controversy is in excess of $25, 000. 00 and venue is
22
properly laid in the County of Contra Costa insofar as the
23
accident occurred in that County.
24
(13) At all times herein mentioned, Sycamore Valley.
25
Road and Camino Ramon were public streets in the City of
26
-NICHOLS, MCCANN,
IBEL 8 INDERBITZEN 4
ATTORNEYS AT LAW -
CROW CANYON COURT. ' t
SUITE 395 _
AN RAMON.CA 94583 - - -
'41S1 830 7800 r
Danville.,: County of Contra Costa, California. On or about August
1
27, 1986 at -about 10:2.7 A.M. , decedent Shannon Adams was lawfully,
2
and legally riding a .b.icycle .Eastbound along the right-hand edge-
of Sycamore. Valley Road, near its intersection with Camino Ramon
in said city,. County and State.
5
(14) At ,such time and place, defendants Kerr, Kennedy,.
6 and Clark, and Does 1 through '40, and each of them, negligently,
7
carelessly, recklessly, and unlawfully . entrusted., owned,
6 maintained,- operated and drove the aforementioned tractor truck
9 and trailer along and on Sycamore Valley Road in a generally
10 Eastbound direction so as to proximately cause the tractor-
trailer rig to collide with the bicycle operated by decedent,
12 throwing her violently to the pavement and running over her and
13 crushing her with the rear wheels of the tractor-trailer rig.
14 (15) By reason of all of the foregoing, plaintiffs have
15 been deprive
of the support, cohabitation comfort rotection
P PP , , ,. P ,
16 society, and love of decedent, and have been damaged in the sum
17 of FIVE MILLION DOLLARS ($5, 000, 000. 00) .
18 (16) By reason of all the foregoing in the death of.
.19
Shannon Adams, plaintiffs have incurred funeral and burial
20 expenses. in •a sum in excess of FIVE THOUSAND DOLLARS ($5, 000. 00) ;
2.1
which sum is a reasonable value of such services. .
22
..:.SECOND CAUSE OF ACTION
23
AS ' AND FOR A SECOND CAUSE OF ACTION, PLAINTIFFS ALLEGE.:
24
(1`7) Plaintiffs reallege and incorporate herein by
25 .
reference the allegations contained ih` paragraphs . l through; l6 of .
:NICHOLS. MCCANN,
!BEL 8 INDERBITZEN rj
ATTORNEYS_Al LAW.
:ROW CANYON COURT,
SUITE 395 -
1N RAMON.CA 94503 "
441
51 83R-'J60U ..
the First Cause of Action as though fully set forth at length
herein.
2 (18) At or about the time of this incident, defendant
3 Clark was hauling .a load of sand to a Pacific Gas . & Electric
4,
construction site at.-Park Hill Road, East of the site of the
5 violent collision. Pacific Gas & Electric., had, an affirmative
b duty to Shannon Adams, . and to plaintiffs , to hire and. employ
7
subcontractors for the construction site. in question who- would
8
exercise due and ordinary care in the driving and „maintenance of
construction vehicles to the site.
10 (19) Pacific Gas & . Electric breached its, duty of due
11 care to plaintiffs' decedent and plaintiffs by -failing to provide
12 subcontractors, specifically the driver Clark and the owners of
13 the vehicle, Kerr and Kennedy, - and Does l through 40 , who
14 exercised due care and caution in the driving, operation, and
15 maintenance of said vehicles.
16 (20) Said breach of duty of due care contributed to
17 and proximately caused the untimely death of Shannon Adams.
18 -
THIRD CAUSE OF ACTION
19, AS AND FOR A THIRD 'CAUSE OF ACTION, PLAINTIFFS ALLEGE:
20 (21) Plaintiffs reallege and incorporate herein by
21
reference each . and every allegation contained in paragraphs 1
22
through 16 of the First Cause- of Action as though fully ,set forth
23
herein at length.
24
(2 2) Plaintiffs are informed and believe and on such
25
information and belief allege, that Southern Pacific ',Real Estate
26
NICHOLS. WCANN,
BEL 8 INOERBITZEN 6
4TTORNETS AT LAW -
ROW CANTON COURT. -
SUITE 797 -
N RAMON.CA 9456]
141
51 838"7600
Company is "the owner of a right of way which proceeds, generally,
1
along a North-South line parallel to Camino Ramon and Highway
2
680.
3 (23) Defendant Southern Pacific Real Estate Company, in
4
the design, maintenance and operation of said right of way, has a
5 duty to design, maintain and operate said right - of way in a safe
6
and fit. condition so as to protect the safety of pedestrians,
7 '
bicyclists, and motorists who commonly utilize Sycamore Valley
8
Road.
9
(24 ) Some time prior to. August 27 , 1986 , Southern
10
Pacific Real Estate Company failed to properly design, construct
11
and maintain its right of way with the result that the sidewalk
12
adjacent to the portion of Sycamore Valley Road where plaintiffs'
. 13 decedent was struck and killed was rendered unsafe.
14
(25) As a result of said defective condition, decedent
15 Shannon Adams was forced to operate her bicycle in an unsafe
16
area.
17
(26) Said breach of duty of due care contributed ' to and
18 proximately caused the untimely death of Shannon Adams.
19
FOURTH CAUSE OF ACTION
20
AS AND FOR A FOURTH CAUSE OF ACTION, PLAINTIFFS ALLEGE:,
21
(27) Plaintiffs realleg.e and incorporate herein by
22
reference each and every allegation contained in paragraphs 1
23
through 16 of the First Cause of Action, as though fully set
24
forth herein at length.
25
26
CHOLS. McCANN.
18 INDEROITZEN 7
roRNEYS AT LAW
OW CANYON COURT,
SUITE 395
RAM ON.CA 94563
.,51 636'7600
(28) On August 27, 1986 and prior thereto,_. defendant
1
City of Danville designed, owned," maintained, operated .and
2 controlled that portion .of Sycamore Valley Road . immediately East
.:3
of Camino Ramon located in the. City of Danville, State of
4 .
California.
5 - -
(29) On August 27, 1986 and prior thereto, the above
b .
described public property was•` in such a dangerous condition that
a substantial risk of the type of injury hereinafter alleged was
8
created, when the property was .used with , due care in . a manner
reasonably foreseeable, in that it was inadequately designed,
10
constructed,. and maintained.
11
(30) Defendant ..City of Danville had actual knowledge of
12
the existence of the aforesaid conditions and knew or should have
.13
known of . the roadway's dangerous character and had sufficient
14
time, prior 'to August 27, 1986, due to observation, complaints,
15
and reports, * as well as other accidents on that portion of the
16 =
road, to. have `taken measures to` -protect against the dangerous
17
condition thereof. The City of Danville had the authority and it
•18 .
was its. duty to take adequate measures to protect against the
19
said dangerous condition at the expense of the public entity and
20
the funds or other means immediately available to 'them.
..21
(31) On . August 27, 1%86, decedent Shannon Adams was
22
riding her .bicycle eastbound along and on Sycamore Valley. Road
23: .
when it narrowed dramatically into. a bottle-neck, and' 'then
24
widened up . again into an area containing a bicycle path: As 'a .
25
proximate result .of this dangerous condition, when . Shannon Adams
. 2b
oNICHOLS. WCANN,
[BEL 8 INDMITZEN $
ATTORNEYS AT LAW -•
CROW CANYON COURT.
SUITE 395 - -x -
AN RAMON.CA 94583 -
entered the dangerous and defective area she was struck by a
1
tractor-trailer driven by defendant Clark.
2 (32) Said breach of duty of due care contributed to and
3 proximately caused the untimely death of Shannon Adams.
4 FIFTH CAUSE OF ACTION
5 AS AND FOR A FIFTH CAUSE OF ACTION, PLAINTIFFS ALLEGE:
6 (33 ) Plaintiffs reallege and incorporate herein by.
7 reference each and every allegation contained in paragraphs 1
8 through 16 of the First Cause of Action, as though fully set
9
forth herein at length.
10 (34) On August 27 , 1986 and prior thereto, defendant
11 County of Contra Costa, and the Board of Supervisors of the
12
County of Contra, Costa, owned, maintained and controlled that
13 portion of Sycamore Valley Road immediately East of Camino Ramon
14
located in the City of Danville, State of California.
15 (35) On August 27, 1986 and prior ,thereto, the above
16
described public property was in a dangerous condition that
17
created a substantial risk for the type of injury hereinafter
18
alleged when the property was used with due care in a manner that
19
was reasonably foreseeable, in that it was inadequately designed,
20
constructed and maintained.
21 (36) Defendant County of Contra Costa had actual
22
knowledge of the existence of the condition and knew, or should
23
have known, of its dangerous character and had sufficient time
24
. prior to August 27 , 1986 , due to -observation, complaints ,
25
reports, and other accidents on that portion .of the road, to have
26
eNICHOLS, MCCANN,
ABEL B INDERBITZEN 9
ATTORNEYS AT LAW _
CROW CANYON COURT.
Su1TE 395
AN RAMON.CA 94583
14151 038 7600 - _
taken measures to protect against, the dangerous condition. The
1 County of Contra Costa had the authority and it was their duty to
2 take adequate measures to protect against the dangerous`
3
condition.
4
(37) On August 27, 1986, decedent Shannon Adams was
5 driving her, bicycle on that segment of Sycamore Valley Road.
6 Eastbound shortly after Sycamore Valley Road crossed Camino
7 Ramon. This part of Sycamore Valley Road did and does narrow
8 dramatically into a bottleneck, and then widens again into ani
9 area containing a bicycle path. Shannon Adams was driving . her
10 bicycle in the narrow area toward the bike path, which opened up
1T immediately east of said bottleneck described supra . As a
12 proximate result of the dangerous condition of the roadway, i.e. ,
13 the narrow bottlenecks when she entered said dangerous and
14
defective area she was struck by a tractor-trailer driven by the
15
defendant Clark.
16 (38) Said breach of duty of due care contributed to and
17
proximately caused the untimely death of Shannon Adams.
18 SIXTH CAUSE OF ACTION
19 AS AND FOR A SIXTH CAUSE OF ACTION, PLAINTIFFS ALLEGE:
20
(39) Plaintiffs reallege and incorporate herein by
21
reference each and every allegation contained in paragraphs 1
22
through 16 of the First Cause of Action, as though fully set
23
forth herein at length. -
24
39 (a) . At all times herein mentioned, defendants
25
Roadway Designers, Does 41 through 5.0, Roadway Maintainers, Does
26
ICMOLS, McCANN,
EL 8 INDERBITZEN 10
TORNEYS AT LAW
'OW CANYON COURT.
SUITE 395
RAMON.CA 94983 -
•ISI 838')660
61 through 70 , Roadway Planners , Does 81 through 90 , Roadway
1
Builders and Developers, Does 101 through, 110,. Black and White
2 Corporations, Does 121 through 170, and Developer and Builder
3 defendants, Does 221 through 270, were the agents and employees
a .
of the State of California and in doing the things hereinafter
5 alleged were acting within the course and scope of such agency
6 and employment.
(40) On August 27, 1986 and prior thereto, defendants
8 and each. of them so - negligently designed, owned , maintained,
9 built, developed and controlled that portion. of Sycamore Valley
10 Road immediately East of Camino Ramon located in the City of
11 Danville, State of California, as to create a dangerous condition .
12 as hereinafter alleged. .
13
(41) On August 27 , 1986 and prior thereto, . the ,above
14 described . public property was in a dangerous condition that
15 created a substantial risk for the type of injury hereinafter
16 alleged when the property was used with due care in a manner that
17 was reasonably foreseeable that it would be used, in that it was
18 inadequately designed, constructed, and maintained—
19
(4 2) Defendant State of California (Caltrans) had
20 actual knowledge of the existence of the dangerous condition and
21 knew or should have known of its dangerous character, i.e. , that
22
the construction design and maintenance of Sycamore Valley Road
23
to the West of Camino Ramon would funnel bicycle traffic' into the
24:
bottleneck area on the east side of Camino Ramon and that bicycle,
25
traffic was required to travel through this dangerous bottleneck
26
IICNOLS, McCANN.
EL B,INDERSITZEN 11
7ORNEY5 AT LAw. -
IOW CANYON COURT.
SUI,L 395 -
RAMON'CA 94587
.4151 878'7600 -
area to get to the safe haven of the specially. marked and
I
designated and wider area of the bicycle lane to . the East of said
2 bottleneck area. Defendant State of California had actual
3
knowledge of the existence of said dangerous condition and knew
4
or should .have known of its dangerous character a sufficient time.
5
prior to August 27, 1986 due to observation, complaints, reports,
b and other accidents on .that portion of the road, and should have
taken measures to protect against the dangerous condition. The
8 State of California. (CalTrans) had the authority and it was its
9
duty to take adequate measures to protect against the dangerous
10 condition.
11
'(43) On August 27, 1986, plaintiffs ' decedent Shannon
12 Adams was riding and operating her bicycle on that segment of
13 SycamoreValley Road eastbound along the south side of said
14 Sycamore Valley Road at or near its intersection with Camino
15 Ramon, in the City of Danville, County of Contra Costa, State of
16 California. The segment of Sycamore Valley. Road, west of Camino
17 Ramon on which plaintiffs' decedent had been travelling is a wide
18 stretch of road capable of handling both bike and vehicular
19
traffic concurrently. Commencing at its intersection with Camino
20
Ramon and continuing thereafter for approximately ;50-100 yards
21
the segment of Sycamore Valley Road significantly and
22
dramatically, constricts and narrows into a bottleneck type area.
23 '
At the end of said bottleneck segment, .Sycamore Valley Road again
24
opens, expands and widens to the extent that concurrent vehicular
25
and bicycle traffic are capable of being handled and in fact a
26
MCNICHOIS. MCCANN.
*EIBEI 8 INDERBITZEN
12
ATTORNf YS AT LAW
-
9 CHOW CANYON COURT.
SUM 395
SAN RAMON CA 94583 -
451 tlie76JJ
specially marked and designated bicycle lane exists for such
1 concurrent- vehicular and bicycle traffic. Throughout said
2 bottleneck segment the area for bicycle traffic is rocky, bumpy,
3 rough and unsmooth. At said time and place plaintiffs ' decedent
4 rode and operated her bicycle travelling from the west side of
5 Sycamore Valley Road ' s intersection with Camino Ramon across.
6 Camino Ramon and into the bottleneck segment of Sycamore Valley
7:
Road. Plaintiffs ' decedent was attempting to reach the specially
marked and designated bicycle lane at the east end of the
9 bottleneck segment. Travelling through said bottleneck segment
- placed her in extremely close proximity to eastbound vehicular
11 traffic. Said route , of travel was the only way available to
12 plaintiffs '- decedent to get to the safe haven of the specially
13 marked and designated bicycle lane commencing on the east side of
14 Sycamore Valley Road at the end of the bottleneck segment.
15
(44). As a proximate result of ' the -dangerous condition
16 as herein alleged, plaintiffs ' decedent was struck by a tractor
17 trailer driven by defendant Clark while traversing the narrow,
18 constricted, rocky, bumpy and rough bottleneck segment of
19 Sycamore Valley Road.
20 (45) Said breach of duty of due care contributed to and
21 proximately caused the untimely death of Shannon Adams.
22
SEVENTH CAUSE OF ACTION'
23
AS AND FOR A_ SEVENTH CAUSE OF ACTION, PLAINTIFFS ALLEGE:
24
(46) Plaintiffs reallege and incorporate herein by
25
reference, each and every allegation contained `in paragraphs 1
26
IICHOLS: WCANN,
IEL B INDER81TZEN 13
RORNEYS AT LAW _
70W CANYON COURT. - - -
SUITE 39S
1 RAMON.CA 94583 -
,4151 838.7400
through 16 of the First Cause of Action, paragraphs 22 through - 25.
1 of the Third Cause of Action, paragraphs 28 through 31 of the
2 Fourth Cause of Action, paragraphs 34 through 37 of the Fifth
3 Cause of Action and paragraphs 40 through 45 of the Sixth Cause
4 of. Action, as though fully set forth herein at length.
5 (47) Roadway Designers Does 41 through 60, Roadway
b Maintainers Does 61 through 80, Roadway Planners Does 81 through
100, Roadway Builder, Developer Does 100 through 120, City of
8 Danville, County of Contra Costa, the State of California,
9 (Caltrans) and Southern' Pacific Real Estate Company had an.
10 affirmative duty* to design, I maintain, plan, build, and develop
11 that section of Sycamore Valley Road on which plaintiff wase
12 injured, and the co-adjoining sections of Sycamore Valley 'Road
13 through which . she traveled immediately prior to the accident in
14 .suit, and , through which she was intending to travel . Said
15 defendants, severally, breached said duty of due care by failing
16 to properly design,- maintain, build and develop said roadway and
17 the various co-adjoining sections . Specifically, design,
18 maintenance, and construction of said roadway . left- a dangerous
19 and defective area which did not permit the safe passage of two
20 vehicles, in this case, a bicycle, on the one hand, and a tractor
21 trailer transfer rig, on the other,- though that portion of the
22 roadway immediately preceding the dangerous and defective area
23 .permitted the passage of two vehicles and invited bicyclists and
24
drivers of other vehicles to utilize the roadway in tandem with
25
other vehicles., and which roadway, as. . it expands after the
26
JICHOIS. WCANN,
IEL B INDERSITZEN 14
TTORNFTS AT LAW -
ROW CANTON.COURT. -
SWIL 395 - -
RAMON.CA 94583
I4151 030-7eOO - -
dangerous and defective area, invites bicyclists and other users
1 of motor vehicles to proceed through the dangerous and defective
2 area insofar as that portion of the roadway permits safe passage`
3 of two vehicles 'simultaneously. Moreover, the designing,
4 maintaining, and building defendants, the City of Danville, the
5 County of Contra Costa, the State of California (Caltrans) and
6 Southern Pacific Real Estate Company failed to properly sign,
mark and warn pedestrians , bicyclists, and other us ers ' of
8 vehicles as to` the inherent danger created, by said bottleneck
9 . condition, which endangered the safe movement of . traffic
10 (48) Signs, markings or devices, were necessary to
11 Warn of said dangerous condition, as provided in. Government Code
12 Section 830.8 , * which endangered the safe ,movement of traffic and
13 which was . not reasonably apparent to and would not . have been
14 anticipated by •a person such as plaintiff, who was exercising due-
care in that -the dangerous and def ective roadway invited
16 bicyclists and drivers of other vehicles to utilize the .roadway
17 in tandem, which roadway did not permit the safe passage of two
18 vehicles.
. 19
(49) As a proximate result of said dangerous condition
2� and.. failure to warn, plaintiff was crushed to 'death under the.
21 wheels of a truck while .she was .proceeding, lawfully and legally,
22through this dangerous and defective area.-
23 ,EIGHTH CAUSE OF ACTION
24 AS AND •FOR AN EIGHTH CAUSE OF ACTION, PLAINTIFFS 'ALLEGE:
25 (50) Plaintiffs 'reallege and incorporate herein by
26
NICHOLS. MCCANN, Z S
BEL 6 INDER13ITZEN
1TTORlvE YS AT LAW ..
ROW CANYON COURT, -
SU.IE395
N RAMON.CA 94583 -
1415r 838-7600 -
reference the allegations contained in paragraphs 1 through 16 of
1
the First Cause of Action, as though fully set forth herein at
2 length.
3 (51) Defendant Clark had a duty to comply with Vehicle
4 Code Sections 21200 and 21750. Defendant Clark failed to comply
5 with those statutes.
6 ( 52 ) Defendant Clark is therefore guilty , of
7
negligence, per se. Said negligence proximately caused damage to
8 plaintiffs ' decedent, Shannon Adams.
9
NINTH CAUSE OF ACTION
10 AS AND FOR A NINTH CAUSE OF ACTION, PLAINTIFFS ALLEGE:
11 (53) Plaintiffs reallege and incorporate herein by
12 reference each and every allegation contained in paragraphs 1
13 through 16 of the First Cause of Action, as though fully set
14 forth herein at length.
15 (54) Developers and Builders; Does 221 through 3001
16 purchased land and developed it for residential and commercial
17
use on either side of Highway 680 in the Danville-San Ramon area.
18
(55) Said Developer and Builder 'Does 221 through 300,
19 had and have had an affirmative duty to improve and widen
20
Sycamore Valley Road in - connection with their developments, but
21
failed and neglected to do so.
22
(56) Shannon Adams was included in that class of people
23
for whom the widening of Sycamore Valley Road was intended to
24
benefit.
25
26
NICHOLS. MCCANN,
BEL& INOERBITZEN 16
kTTORNCYS Ai LAW -
:ROWCANYON COURT. -
SU11E 39S
N RAMON.CA 94
S9.
(57)\ Said breach of duty contributed to and proximately
1
caused the untimely death of Shannon Adams.
2
PRAYER
3 ,
WHEREFORE, plaintiffs pray as follows:
4
1. For an award of compensatory damages in the amount
5
of FIVE MILLION DOLLARS ($5, 000, 000. 00) as prayed,
6 alternately, in the seven causes of action set
7 forth herein;
8 2 For actual damages in a sum in excess of FIVE
9 THOUSAND DOLLARS ($5, 000. 00) ,. reasonably expended
IO by them for the burial of Shannon Adams;
11 3 . For an award of attorneys' fees and costs and for
12 such other and further relief as the court may
13
deem proper.
14 DATED: March 15, 1988
15 McNICHOLS, McCANN, SEIBEL & INDERBITZEN
16
17
By `�
18 NORBERT U. F ST
Attorneys fo Plaintiffs
19
20
21
22
23
24
.25
26
NICMOLS, McCANN.
IEL 8 INOERBITZEN 17
JIORNEYS AT LAW - -
ROW CANTON COURT.
SuiTC 393 -
N RAMON.CA 94593
IAt 5, 939 7600 ,
1 PROOF OF SERVICE
2
I am a citizen of the United States over eighteen years of
3
age and not a party to the above-entitled action. I am employed
4
5
at and my business address is 18 Crow Canyon Court, Suite 3951
San Ramon, California 94583 . On the date listed below I served
6
the followings
7
8 SECOND AMENDED COMPLAINT FOR DAMAGES FOR WRONGFUL DEATH
9 by placing a true copy thereof enclosed in a sealed envelope with
10 postage thereon fully prepaid in the United States mail at San
11 Ramon, California, addressed as follows:
12 Pamela C. Christensen, Esq.
13 Bernard J. Della Santa
P. 0. Box 7442
14 San Francisco, CA 94120
15 I declare under penalty of perjury under the laws of the
16 State of California that the foregoing is true and correct.
17 Executed this 20th day of May, 1988 ; at San Ramon,
18 California.
19 t
20
21 MELISSA FARINA
22
23
24
2.5
26
:NICHOLS, MCCANN,
IBEL 8 INDERBITZEN
ATTORNEY$AT LAW
CROW CA'+vON COURT,'
S_iTE 395
AN RAM94583 _
14151 830-7600
PROOF OF SERVICE By KAIL
(C.C.P. Secs . 1013a ( 1 ) and 2015 . 5 )
I, the undersigned, state that I am a citizen of the United
States and employed in the City and County of San Francisco; that I am.
over the age of eighteen (18 ) years and not a party to the within
Faust; that my business address is 77 Beale Street, San Francisco,
California 94106 ; and that on the date set out below I deposited a
.true copy ,of the attached CLAIM FOR DAMAGES
sealed in .envelope ( s ) .with postage thereon fully prepaid in a mailbox.
regularly maintained by the Government of the United States in the
said City and County, addressed as follows:
Board of Supervisors
County of Contra Costa
County Administration Building
651 Pine Street, Rm. 106
Martinez, CA 94553
I certify under penalty of perjury under the laws of the
State of California that the foregoing is true and correct:
July 6, 1988
Date ignature
BELINDA BATES
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 2, 1988
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 "Warn0suNfy Counsd
CLAIMANT.: HOPE BRUyo JUL Q 7'1988
61 Orinda Circle
ATTORNEY: Pittsburg, CA 94565 Martinez, CA 9453
Daae received
ADDRESS: BY DELIVERY TO CLERK ON July 6 , 1988 Risk Manage.
BY MAIL POSTMARKED: July 5 , 1988
I. FROM: ` Clerk of the Board of Su;ervisors TO: County Counsel
Attached is a copy of the above-noted claim.; f ?
July BY7 , 1988 PPHHIL BATCHELOR, Clerk.
DATED : Deputy
L. Hall .
H. FROM- County Counsel TO: . Clerk•of the Board of Supervisors'
This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply.substanttially 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:1k 9eDeputy 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.
Hsi pppp
Dated �9p 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 19$$ BY; PHIL BATCHELOR by ��eputy Clerk
CC: County Counsel County Administrator
Clairn_,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 per-
sonal property or growing crops and which accrue on or before December. 319 1987,.
must be presented not later than the 100th day after the accrual of the cause of
action. Claims relating to causes of action for death or for injury to person
or to personal property or growing crops and which accrue on or after January 1,
1988, must be presented not later than six months 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. (Govt. Code §911.2.)
B. . Claims must be filed with the Clerk of the Board of Supervisors at its office in
Room 1069 County.Administration Building, 651 Pine Street, Martinez, CA 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 the end of this
form.
RE: Claim By ) Reserved for Clerk's filing stamp
Against the County of Contra Costa ) �, C7
or JUL 6 1988
District)
(Fill n name ) AR v
CLu:M• N R
The undersigned claimant hereby makes claim against the County of Contra Costa or
the above-named District in the sum of $ and in support of
this claim represents as.follows: �liyL�r-�c
--------------------------
1.
- ------
1. When did the damage or injury occur? (Give exact date and hour)
------ -------------------------------
2. Where did the damage or injury occur? (Include city .and county) '
------1U== -------------------- ------------------------------
3• How did the damage or injury occur? (Give full details; use extra paper if,
required)
4. What particular act or omission on the part of county or district officers,
servants or employe.aees caused the injury or damage?
�l 0C
(over)
5, What are the names•of county or district officers, servants or employees causing
the damage or injury? .
----------- -
5. What damage or injuries ,do you claim resulted? (Give full extent ofinjuries or
damages claimed. 'Attach two estimates for auto damage.
------------------ --------------------- - -
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.
liQ, cU. ,G Cp 4 vtd�:«-`:. RL �� 'i'•�.f s ICS
t J
9. List the expenditures you made on .account of this accident or injury:
DATE ITEM AMOUNT
*
Gov. Code Sec. 910.2 provides:
"The claim must be signed by the claimant
SEND NOTICES TO: (Attorney) or by-some person on his behalf."
Name and Address-of Attorney
aimant's Signature
'(Address)
Ail
Telephone No. Telephone No.
NOTICE
Section 72 of .the Penal Code provides:
"Every person who, with intent to defraud, prepents for allowance orfor
payment to any state board or officer, or to anyci, city or district board or
officer, authorized to allow. or pay the same if genui Cerny false or fraudulent
claim, bill, account, voucher, or writing, is punishat e,, 1� by imprisonment in
the county jail for a period of not more than one , ` of not exceeding
one thousand- ($1,000), or by, both such impris t d fiJ;4 or imprisonment in
the state prison, by a fine of not exceeding t �usang Mars ($10,000, or by
both such imprisonment and fine. �r?Ca ,
r tf� I aLjV1%V' ■VnL/I lra w. _ '[y
2575 Railroad Ave. INVOICE NO.
`gy pa Phone 432-294 Concord 676-6400
++ � PITTSBURG, CALIFORNIA 94565
JESTIMA'TE OF REPAIRS AS LISTED FOR LABOR AND MATERIALS - VERBAL AGREEMENTS NOT BINDINVA
NAME ADOR S DATE -
MAKE OF CAR .. YEAR TYPE ]LICENSE NUMBER MILEAGE - MOTOR NO. SERIAL NO. -
s.
9
vj ,C. . 7�
INSURED BY - ADJUSTER INSPECTOR - - PHONE -
HOME
- BUSINESS - .
Symbol FRONT L-.His. Parts Symbol . LEFT L. Hrs. Parts Symbol RIGHT L. His. Parts MISCELLANEOUS L.:Hrs. Parts
Bumper Fender Fit. Fender Fit.
Fender Shield Fender Shield
Fender Mldg. Fender Mldg.
Bumper : Head Lamp Head Lamp
Bumper Bkt. Head Lamp Dr. I Head Lamp Dr.
Fiame HoinsSealed Beam Sealed Beam
Park Lamp Park Light
Ft. System Cowl-Dash Cowl-Dash
Windshield
S abiliz C ' d Door Front
Wheel Door, Front Door Hine
Door Glass T
Hub Cap Disc Door Hinge. C
Door Glass T
Hub & Drum C Door Mldg.
Knuckle Door Rear
Knuckle Supt. Door Mldg.
Lr. Cont. Arm Door Handle
UP. Cont. Arm Door Rear
Shock Center Post
Door Glass T
Spr ing �.: C
Steeiinp Wheel Door Mldg.
Horn Ring. Center Post Rocker Panel
Door Glass T
Gravel Shield C Rocker Mldg.
Grille Door Mldg. Floor & W-Hs .
Rocker Panel Quar. Glass
Rocker Mldj2. Ouar Panel
Floor&W-Hsp. Ouar. Ext
Quar. Panel Quat.Mldg.
Hood Top Quar, Ext. Fender
Hood Hinge. Quar. Midg.
Hood Mldg. Fender
Ornament,' Emb.
Lock Plate, Up. Tail Lamp Authorization to repair
Lock Plate, Lr. REAR Tail Lamp Geer, by
Horn
Bumper Mis'lan'ous
Baffle, Upper Inst. Panel
Baffle, Side Bumper G'rd. Ft. Seat15
2� hr s. at S L'�o
Baffle, Lower. Bum er Br'ket. Ft. Seat Adj. 6`''11
Rad. Sup.. Trim Parts f v.
Rao. Core
Top Sublet
Rad.Hoses Gravel Shield Tire 32
Sales Tax
Fan Blade Belt - Frame
Wpump & Pul' Gas Tank TOTAL
.
Motor Mts. Tail Pipe ' Battery_ Advance Chgs
Trans. Linkage Lower Panel
Floor' Outside Mirror Grand Total ,
Trunk Lid Antenna Discount
Trunk Hine Paint Depreciation
Trunk Lock
Wheel
NET TOTAL �..?,.
'.A—Align N—New OH—Overhaul S-Straighten or Repair EX—Exchange 'R,q—FVchrome 24-4245 Norick Oklahoma City
Signed: 11
WINTER CHEVROLET COMPANY,,,INC.
2101 Rtilmoed_Ave. - P.O. Box 31- - Pittsburg, CA.94565 � '
If your car needs body repair, we can restore it
Phones: 439-8222 - 685-7910 to factory specifications with our Nicator Leser
ESTIMATE OF REPAIRS measuring systems, accurate to one millimeter. Make
sure your car is repaired the safe way,the NICATOR
way.
Name
Address
c i Phone
Make /.-"i: i r2i' Model Le r ' i �'r %JF � License
Serial No. %:�-, ,•�-,��JY L >..�. Mileage
Insured By Estimator D
Symbol FRONT labor Mrs. Parts Symbol LEFT Labor Nn. Parts symbol RIGHT labor Mrs. Parts
Bumper Fender Fender
Bumper Rail Fender Ornament Fender Ornament
Bumper Bracket Fender Shield Fender Shield
Fender Midg. Fender Mldg.
Bumper Guard Headlamp Headlamp
Frt. System Headlamp Door Headlamp Door
Frame Sealed Beam Sealed Beam
Cross Member Cowl Cowl
Door-Post �. Door Post
Wheel Door, Front Door, Front
Hub Cep Door Lock Door Lock
Hub and Drum Door Hinge Door Hinge
Knuckle Door Glass, Clear Tint Door Glass, Clear Tint
Knuckle Sup. Vent Glass, CI`ar Tin Vent Glass, Clear Tint
Upper Cont: Arm-Shaft Door Mld s. Door Midg.
Lower Cont. Arm-Shaft Door Handle s Door Handle
Shock Center Post Center Post
Windshield .� Door, Rear Door, Rear
Back Glass r I Door Glass, Cle r Tin r Door Glass, Clear Tint
Door Mld . t Door Mld .
Tie Rod Rocker Panel ` ! Rocker Panel
Steering Gear Rocker Mld . Rocker Mld :
Steering Wheel Sill Plate-..----- Sill Plate
Horn Ring Floor Floor
Gravel Shield Dog Leg Dog Le
Parking Light Quar. Inner \, Quar. Inner
Grille Quar. Panel Quar. Panel
Quer. Mldg. Quar. Mldg.
Quar. Glass, Clear Tint Quar. Glass, Clear Tint
Fender, Rear Fender Rear
Fender Mldg. Fender Midg.
Fender Pad Fender Pad
Mirror REAR misc.
Horn Bumper Instrument Panel
Baffle, Side Bumper Rail Front Seat
Baffle, Lower Bumper Bracket Front Seat Adj.
Baffle, Upper I Bumper Guard Trim
Lock Plate, Lower Gravel Shield Headlining
Lock Plate, Upper Lowet Panel Top
Hood Top Floor Tire
Hood Hings Trunk Lid Battery,
Hood Mld . ,Trunk Lock Paint
Hood Letter Trunk Mldg. Undercoat
Ornament Tail Light Polish
Radiator $up. I Tail Pipe — Muffler
Radiator Coro Gas Tank Labor r Hrs.,Z'C7t
Radio Antenna Frame Sublet S
Radiator Hoses License Light
Fan Blade Hub and Drum Tow f
Fan Belt Back-Up Li hta �y'
Parrs / G
Water Pump Wheel Shield
Motor Azle Net Item- _
Trans.—Linka e Spring Tax
This estimate does not cover any concealed damage. TOTAL I �_i,L
Ax
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 2 , 1988
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
AmGur��
*. $45 . 00 Section 913 and 915.4. Please note all "Warnin'g•'sJ:;rlty Counsal
CLAIMANT: NICK RODEN INSURANCE CO. JUL U 7 1988
3540 Wilkinson Lane
ATTORNEY: Lafayette, CA 94549 N-1a;t r-iez, CA 94553
Date received
ADDRESS: BY DELIVERY TO CLERK ON July 5 , 1988 Risk Manage.
BY MAIL POSTMARKED: July 1, 1988
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 7 , 1988 : Deputy
L. Hall
1I. FRO 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. C1
Dated:
AUG 2 X98 8 PHIL BATCHELOR, Clerk, By eputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
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.
Dated: AUG 4 1988 BY: PHIL BATCHELOR by ' y t� De ut Clerk
CC: County Counsel County Administrator
_
25
THE
Farmers Insurance Group .F...PA.,.S
July 1 , 1988
Nick Roden Insurance
3540 Wilkinson Lane
Lafayette , Ca . ,94549
(415.) 283-6490
Mr . Joe Tijuda �
Contra Costa County Risk Management
Mar inez Street
AECEIVE®
Martinez , Ca . , 9455
I�� 5 1989_
RE: crackod wir!dshieId , June 19 , 1988
Our Insured : Michael Cress
VeYlClc : 1966 Toyota FYCk-Up pM g0TC ER qC
CLE.
C T
By Deputy
Dear r;r . Turida :
At the request of Mr . Cress , 1 am writing to 'you with
reference to damage to art automobile owried by him on the date
: ridicated . This damage was the result of a rock being "thrown up" by .
a vehicle driven by a Mr. Dofphy, which hit and cracked Mr .
Cress ' s windshield . This accident occurred at approximately 4200
Pacheco Blvd on a pavement which had recently been repaired by the
county 'Public Wn -ks' hepartmen+_ . Mr . Cress tells me that there was
a cons ; derable amo.r:nt of loose gravel on the roadway and there was no
warnino sign -no� ted .
Had either the loose gravel been removed from the roadway or a
warning; sign posted , there would be no reason to complain , however
since neither of these is the case , it would seem reasonab.le for you
to assume responsibility for Mr. Cress 's damage .
I have enclosed a. copy of the' bill which Mr . Cress paid to repair
his windshield . Please remit the $45. 00 charge to Michael Cress ,
361 East "K" Street , Benicia , Ca . , 94510 .
Your cooperation is greatl.y appreciated .
Sincerely,
Nick. Roden
NR/tw
CC ; Michael Cress
,,AY CITIES GLASS, INC.
2012 N.MAIN ST.
WALNUT CREEK, CA S4; 's 02 . 0510
UTO-HOMES-STORES PN: (415) 944-0112
... DATE ORDERED: l/ F,%.1/.�.,,` BY: ta.
• � e o
NAME .
DRESS ADDRESS
V
Ty - 'STATE ZIP CITY - - STATE - ZIP'.
GLEPf•IONE CODE - TELEPHONE CODE --
POLICY#/P.O. CLAIM
DRESS YEAR MAKE MODEL LIC.#
19
Y STATE l ZIP LOSSDATE CAUSE AUTH.BY
•YTIME PHONE HOME PHONE - - VEHICLE# CONTROL WI.D. MILEAGE '
• e
- I
-E3 Sli f - - DATE SCHEDULED =
t TOTAL PARTS
t AND MATERIALS
ARKS/CROSS STREET7 .
---------- STATE
SALES TAX
y TOTAL
t LABOR
INVOI
TOTA �.
_--_-- --_—.--i METHOD OF PAYMENTDEPOSIT/
CHECK# DEDUCTIBLE
❑ CASH ❑ MC VISA ❑ DISCOVER (AJ
EASE PAY FROM THIS INVOICE
PLEASE REFER TO THE TERMS AND CONDITIONS ON REVERSE.
RELEASE AND AUTHORIZATION TO PAY OTHER THAN INSURED OR CLAIMANT (�
work iternized above has been accomplished to my complete satisfaction. I understand that I will be responsible for payment of this bill 02--0
510
.,r I authorize_ _ to pay direct to BAY CITIES GLASS the full amount due me under the terms of my policy.
INSURANCE .
PROOF OF LOSS
Ct TOMER X
----- DATE
• RECEIVED IN GOOD ORDER � --' � � � CUSTOMER C9'"
CLAIM
BOARD OF SUPERVISORS OF�COIITRA COSTA COUNTY, CALIFORNIA
,s
Claim Against the County, or District governed by),.._11 BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT August 2, 1988
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: DONALD ANDERSON ETAL C :;Uit>'y` Counsel
c/o David M. King, Esq. JUL U 7 1988
ATTORNEY: Coddington, Hicks & Danforth
3000 Sand Hill Road Date received Nbrt nez, CA 94553
ADDRESS: Building 1 Suite 185 BY DELIVERY TO CLERK ON July 1, 1988
- Menlo Park, CA 94025 -
BY MAIL POSTMARKED: June 30, 1988 -
Certified
988 -Certified P 920 452 664
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Jul 7 , 1988 EYIL BATCHELOR, Clerk VIC:
DATED: y BY: Deputy
L. Hall
11. FROM- County Counsel TO: Clerk of the Board of Supervisors
(, This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: 7 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.
AUG 2 1988
Dated: PHIL BATCHELOR, Clerk, By rX&a eputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
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 4 1988
BY: PHIL BATCHELOR by eputy Clerk
CC: County Counsel County Administrator
DATE: June 29 1988 RECEIVED
TO: Clerk, Board of Supervisors Q
County of Contra Costa ct A R �'
651.Pine Street er „ty
Martinez, California 94553
SUBJECT: CLAIM FOR INDEMNITY AND CONTRIBUTION
Pursuant to Sections 900 et seq. of the California Government Code.
PLEASE TAKE NOTICE that. a claim for indemnity and contribution is hereby
made by Donald and Mitch Anderson against the COUNTY.OF CONTRA COSTA.
CLAIMANT: .Donald Anderson and Mitch Anderson
NOTICE: Notices are to be sent to David M. King, Esq., Coddington, Hicks &
Danforth, 3000 Sand Hill Road, Building 1, Suite 185, Menlo Park, California, 94025.
OCCURRENCE GIVING RISE TO CLAIM:
Plaintiffs allege in their first amended complaint (acopy is attached)- that
plaintiffs' decedent was killed as a result of an, automobile' accident in which. Mitch
Anderson negligently drove his automobile into the decedent. It is further alleged that
defendants COUNTY OF CONTRA COSTA and STATE OF CALIFORNIA were negligent
in failing to maintain, construct and control the thoroughfares in which the accident
occurred and that said negligence was the proximate cause of decedent's death.
Claimants :DONALD ANDERSON and MITCH ANDERSON were .served with a
cross-complaint by the COUNTY OF CONTRA COSTA on April 8, 1988. The cross-
complaint is for indemnity and contribution(a copy.is attached).
IDENTITY OF PUBLIC EMPLOYEES:
At this time, claimants do not know the names of any public employees causing
the.damage.
DAMAGE/INJURIES:
In this wrongful death action, plaintiffs allege that defendants COUNTY OF
CONTRA COSTA and STATE OF CALIFORNIA were negligentin their maintenance,
construction.and.control of the thoroughfares in which the decedent was killed. It is also
alleged that the subject area has "no traffic controls or warning drivers of the means of
providing safe use of said thorough-fare by pedestrians- (sic]." Plaintiffs pray for
compensatory damages. In the cross-complaint by the COUNTY OF CONTRA COSTA
against claimants; indemnity and contribution is sought, .in ,an amount not yet
ascertained. Claimants DONALD ANDERSON and MITCH ANDERSON seek indemnity
and contribution from the STATE OF CALIFORNIA.
DATED: June 29, 1988
CODDINGTON, HICKS & DANFOR,TH
ttorney r Claimants
D 1 derson and Mitch An erson
' 1
1
-2-
.. 1A-3
7ATTORNEY OR PARTY WITHOUT ATTORNEY(NAME AND ADDRESS): TELEPHONE: FOR COURT USE ONLY
ALLEN WILLIAMS (415) 432-6456
P.O. Box 1577
Pittsburg, CA 94565•-0157
ATTORNEY FOR(NAME) Plaintiff
�.
Insert name of court.'judicial district or branch court,if any,and post office and street address.
SUPERIOR COURT, . STATE OF CALIFORNIA, CONTRA COSTA COUNTY
. 725 Court St. MAR -81988
P .O. sox 911 J.R. OLSSON, County. Clerk
Martinez, CA 94553 CONTRA COSTA COUNTY
By
PLAINTIFF: J.OSBORNE, Deputy.
. CHRISTOPhER. J. MANNING, a. minor, by his
Guardian Ad Litem, WILLIAM R. MANNING
DEFENDANT:
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
DOES 1 TO ;XX, I
� s AD CASE NUMBER
UM LANNY Personal Injury, Property Damage, Wrongful Death
[]MOTOR VEHICLE �jOTHER(speciw
=Properly Damage ®Wrongful Death 3069.92 .
=Personal Injury. Q Other Damages(specify):
1 This pleading;including attachments and exhibits, consists of the following number of pages:
2. a. Each plaintiff named above is a competent adult
Except plaintiff (name):
=a corporatior, ,ualified to do business in California
Q an unincorporated entity(describe):
=a public entity(describe):
a minor an adult
® for whom a guardian or conservator.of the estate or a guardian ad litem has been appointed
0 other(specify):
C other(specify):
_ =Except plaintiff.(name);
=a corporation qualified to do business in California
=an unincorporated entity(describe): _
=a public entity(describe):
=a minor =an adult
Q for whom a guardian or conservator of the estate or a guardian ad iitem has been appointed
Q other(specify): .
0 other(specify):
b. Q Plaintiff(name):
is doing business under the fictitious name of(specify):
and has complied with the fictitious business name laws.
c Q information about additional plaintiffs who are not competent adults is shown in Complaint—
Attachment 2c: (Continued)
Fon•. A:.,ro.E.'D, me
a cc .tet. c•ca'gin,a COMPLAINT--Personal Injury, Property Damage,
Wronatut Death - . .. .
SHORT TITLE: CASE NUMBER
MANNING vs. COUNTY OF CONTRA COSTA, et al. 306992
COMPLAINT—Personal Injury, Property Damage, Wrongful Death Page two
3. a. Each defendant named above is a natural person
F]X Except defendant(name): [Xj Except defendant(name):
COUNTY OF CONTRA COSTA STATE OF CALIFORNIA
[]a business organization, form unknown a business organization, form unknown
0 a corporation a corporation
[] an unincorporated entity(describe)., an unincorporated entity(describe):
LXR a public entity(describe): a public entity(describe):
other(specify). C]other(specify):
CJ Except defendant(name). Except defendant(name)
= a business organization, form unknown =a.business organization, form unknown
C a corporation a corporation
an unincorporated entity(describe) an unincorporated entity(describe):
a public entity(describe) a public entity(describe):
C other(specify): other(specify):
b The true names and capacities of defendants sued as Does are unknown to plaintiff..,
c. Information about.additional defendants who are not natural persons is contained in Complaint—
Attachment 3c.
d Defendants.who are joined pursuant to Code of Civil Procedure section 382 are(names)
4 �AX Plaintiff is required to comply with a claims statute, and
a IR' plaintiff has complied with applicable claims statutes. or
b plaintiff is excused from complying because(specify):
Copies of, the Claims and Rejections of Claims are attached hereto and
marked Exhibits "I" , "II" , "III" and "IV"
5..This.court is the proper court because
at least one defendant now resides in its jurisdictional area.
Q the principal place of business of a corporation or unincorporated association is in its jurisdictional area,
injury to person or damage to personal property occurred in its jurisdictional area. r
other(specify) .
6. The following paragraphs of this complaint are alleged on information and belief(specify`pa(agraph numbers).
(Continued) Page lao
lA
[SH��RT TITLE CASE nut.+eEa
MANNING vs . COUNTY OF CONTRA COSTA, et al. 306992
+COMPLAINT-Personal Injury, Property Damage, Wrongful Death (Continued) Page thief
7. F"— The damages claimed for wrongful death and the relationships of plaintiff to. the deceased are
=listed in Com plaint—Altaic hment 7 =as follows:
CINDY CARROLL, deceased, was the natural mother of CHRISTOPHER JAMES
. MANNING.
8. Plaintiff has suffered
wage loss loss of use of property
gj hospital and medical expenses Q general damage
property damage loss of earning capacity
®other damage(specify):
Plaintiff is deprived of the love, affection,mothering, nuturing ,
companionship and emotional support of CINDY, CARROLL, deceased.
9. Relief sought in this complaint is within the jurisdiction of this court.
10. PLAINTIFF PRAYS
For judgment for costs of suit; for such relief as is fair.just. and equitable, and for-
:LY, compensatory damages
(Superior Court) according to proof.
(Municipal and Justice Court) in the amount of S
other(specify):
11. The following causes of action are attached and the statements above apply to each: (Each complaint must have
one or more causes of action attached.)
Motor Vehicle
General Negligence
Intentional Tort
Products Liability
Premises Liability
Other(specify):
ALLEN WILLIAMS 1�ti j ` 'o
111)pe
o,pant namE•1 (S-9nature of pia,'t..t or attorney)
COMPLAINT—Personal Injury, Property Damage, Gnyr!^'rr
Wrongful Death (Continued)
IA-9 .
SHORT TITLE CASE HUMBER --�
MANNING, vs. COUNTY OF CONTRA COSTA, et al. 306992
FIRST_; CAUSE OF ACTION—General Negligence Page Four
(number)
ATTACHMENT TO ®Complaint =Cross-Complaint
(Use a separate'cause of action dorm for each cause of action.)
GN-1., Plaintiff(name): CHRISTOPHER J. MANNING, a minor, by his Guardian Ad Litem
WILLIAM R. 'MANNI.NG
alleges that defendant(name):.
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
K Does — 1 to
was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant
negligently caused the damage to plaintiff
on(date): December 29, 1986
at(place):
(description of reasons for liability): A
On December 29, -1986, . in the unincorporated area of Contra Costa.
County, State of California, near the intersection of San Pablo
Avenue and Parker 'Avenue', public thoroughfares , in Contra Costa
County, State. of California, Plaintiff' s mother was killed as
a result .of an automobile accident wherein MITCH TODD ANDERSON
negligently drove his automobile into CINDY CARROLL, causing
CINDY CARROLL' S death. , The public thoroughfares aforesaid were in
the exclusive control of Contra Costa County, State of California,
and Contra Costa County and the State of California had the duty
to maintain, construct and .control said toroughfares and said
intersection.
Dangerous conditions existed in said public thoroughfares and-
defendants and , each of them, negligently failed to maintain, .
construct ' and: control said thoroughfaires in that (no cross walk
is provided for predestrianSA in that obstructions to visibility
of oncoming traffic. are allowed to exist so that a pedestrian
. . attempting to cross San Pablo Avenue does not have enough time to
clear the lanes of traffic before being struck by on coming traffic.
Said negligence was .the proximate cause of decedent' s death
Defendants had been wared of the dangerous conditions 'of said
thoroughfares. There have. been previous auto accidents in the
vicinity which have given defendants constructive notice of the
dangerous 'conditions.
Form Approved by rhe
Juc-ciai Council or California
Er<ectwe January 1.1982
pine 982 10), CAUSE OF ACTION-General Negligence Crr a
i
1A-1
SHORT TITLE: CASE NUMBER
MANNING vs. COUNTY OF CONTRA COSTA. et al . 306992
SECOND CAUSE OF ACTION—Premises Liability Page Fes-
(number)
ATTACHMENT TO Complaint Q Cross-Complaint
(Use a separate cause o1 action form for each cause of action.)
CHRISTOPHER J. MANNING, a minor, by his Guardian Ad Litem
Prem.L-1. Plaintiff(name):WILLIAM R. MNNING
alleges the acts of defendants were t e legal((proximate) cause of damages to plaintiff.
On (date): December 29, 1986 plaintiff was injured on the following premises in the following
fashion(description of premises and circumstances of injury):
Plaintiff' s mother was killed by an automobile driven on San Pablo
Avenue by MITCH TODD ANDERSON, near Parker Road. CThe area has no
,,,./" '! traffic controls or warning devices of the means of providing safe
use of said thoroughfares by pedestrians -7-Defendants have failed
provide a pedestrian cross walk at or near the site of said
accident. ][Defendants have failed to remove obstructions which
interfere wit! the visibility necessary to safely cross
San Pablo Avenue
Prem.L-2. X[�Count One—Negligence The defendants who negligently owned, maintained, managed and operated
the described premises were(names): COUNTY OF CONTRA COSTA,. STATE OF
CALIFORNIA as .set' forth -in Count 1 herein and
®Does_i — to _XX
Prem.L-3. IlCount Two—Willful Failure to Warn [Civil Code section 846] The defendant owners who willfully
or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were
(names): COUNTY OF CONTRA COSTA; STATE OF CALIFORNIA
as set forth in Count. l herein and
®Does 1 to „r
Plaintiff, a recreational user, was =an invited guest =a paying guest.
Prem.L-4. X2 Count Three—Dangerous Condition of Public Property The defendants who owned public property
on which a dangerous condition existed were(names): COUNTY OF CONTRA COSTA,
STATE OF CALIFORNIA
® Does—1_—_ to XX
a. ® The defendant public entity had =actual =constructive notice of the existence of the
dangerous condition in sufficient time prior to the injury to have corrected it.
b. ® The condition was crealed by employees of the defendant public entity.
Prem.L-5. a. Q Allegations about Other Defendants The defendants who.were the agents and employees of the
other defendants and acted within the scope of the agency were(names):
t '
Q Does to
b. Q The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are
0 described in attachment Prem.L-5.b Q as follows(names):
Form Approved by the
judivai Counc,i of California
Enect,.e ja%a•r 1 1982 �. . r rnr . r`Trr1►r r
RECEIVED
ALLEN WILLIAMS 4�
1987 (415) 432-6456
•r
April 2, 1987 0 AT f.Lopk 1901 Railroad Avenue
P.O.Bo:1577
Pittsburg,California 94565-0157
CLAIM AGAINST PUBLIC ENTITY
(Government Code Section 910)
TO THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA:
WILLIAM R.. MANNING and CHRISTOPHER MANNING, a minor,
make a claim for wrongful death of CINDY CARROLL, Fiancee of
WI•LLIAM' R. `MANNING and mother of CHRISTOPHER MANNING:
I. The name and post office address of the claimants
are
WILLIAM R. MANNING and CHRISTOPHER MANNING
647 San Pablo Avenue -
Rodeo, California 94572
(Heirs of deceased)
2 . The post office address to which the persons presenting .
the claim desires notices to be sent :
ALLEN WILLIAMS
Attorney at Law
1901 Railroad Avenue
P.O. Box 1577
Pittsburg, California 94565
3. The date , place and other circumstances of the
occurrence or transaction which give rise to the claim asserted:
On December 29, 1986, in the unincorporated area known
as Rodeo, Contra Costa County, at the intersection of San Pablo
Boulevard and Parker Avenue. Claimants' decedent was killed as a
result of an automobile accident, wherein Mitch Todd Anderson
negligently drove his automobile into CINDY CARROLL causing her
death. A further and concomitant cause of •CINDY CARROLL'S death
was the negligent manner in Which the aforesaid intersection was
constructed, maintained and controlled. Many citizens have re-
quested traffic control devices at said intersection, but the
aforesaid Government Agency has failed and refused to install
said devices. Said failure and refusal were .the proximate concurring
causes of the death of the said, CINDY CARROLL.
D
f
Claim 1gainst Public Entity
April 2, 1987
Page Two
4 . The amount claimed as of the date of the presentation
of this claim, is as follows :
WILLIAM R. MANNING -- $5 , 000, 000.00
(FIVE MILLION DOLLARS)
CHRISTOPHER MANNING -- $5 ,000,000.'00
(FIVE MILLION DOLLARS)
The computation of the amount claimed is based upon the .
_ type and severity of the injury, including all general and special
damages proximately caused thereby.
DATED: April 2, 1987 '
00-00,
ALLEN WILLIAMS
Attorney for Claimants :
-----.— _ - ''�
lain. Against the t Y. 01 .trict governed by) BOARD AC110N
the board of Supervisors, Routing Endorsements, ) NOIICE 10 CLAIMANT May 5 1987
and Board Action. All Section references are to ) The copy of this document nailed to you is your notice of
California Government Codes. ) the action taken on your claim.by the Board of Supervisors
(Paragraph EV Belo.), given pursuant to Government Code
Amount: 10,000,000.00 Section 913 and 915.4. Please note all •Yinty Cngs'.
cu �0u
latw: WILLIAM R. MANNING ET AL OE'nse,
c/o Allen Williams APR,
AITORNCY: 1901 Railroad Ave.
Pittsburg, CA 94565 Date received M��rn
ADDRESS: BY DELIVERY TO CLERK ON April 3, 198Q1t'tPaAcl.4�Q1„
BY MAIL POSTMARKED: no envelope
1. FROM: Clerk of the Board of Supervisors 70: County Counsel
Attached is a copy of the above-noted claim.
DATED: April 13, 1987 'ylL Bepu
ATE ELOR. Clerk
L. Hall
11. FROM: County Counsel 70: 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: L �S. �97 by:+L, County Counsel
111. FROM: Clerk of She Board 70: County Counsel (1) County Administrator (2)
( ) Clain s returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
X) This Claim is rejected in full,
( ) Other:
1 certify that this is a true and correct copy Of the Board's Order entered in its minutes for
this date.
Dated: MAY 0 5 1987 PHIL BATCHELOR. Clerk. By v 1�i—e—, . Deputy Clerk
YARNING (Gov. code section 913)
Subject to certain etcePtions. you have only sit (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,
Tow 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 1 an now, and at all tines herein mentioned. have been a citizen of the
United States, over age 18; and that today 1 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.
MAY 0 6 1987
0ted: BV. PHIL BATCHELOR byZ-2�_X&,Deputy Clerk
CC: County Counsel county Administrator
D
ALLEN WILLIAMS p -� �•
,..y .�,. (415) 432-6456
Aprdl 2 , 1987 I.Xx' 4A
1901 Railroad Avenue
Y.O.Bos 1577
)3Atsburg.California 94565-0157
CLAIM AGAINST PUBLIC ENTITY ..
(Government Code Section 910)
TO THE STATE OF CALIFORNIA:
WILLIAM R. MANNING and CHRISTOPHER MANNING, a minor,
make a claim .for wrongful death of CINDY CARROLL, Fiancee of
WILLIAM R. MANNING and mother of CHRISTOPHER MANNING:
1. The name and post office address. of the claimants
are :
WILLIAM R. MANNING and CHRISTOPHER MANNING
647 San Pablo Avenue.
Rodeo, California - 94572
(Heirs of deceased)
2. The post office address. to which the. persons presenting
the claim desires notices to be sent :
ALLEN WILLIAMS `
Attorney at Law
1901 Railroad Avenue
P.O. Box 1577
Pittsburg , California 94565
3. The date , place and other circumstances of the
occurrence or transaction which give rise to the claim asserted:
On - December 29, 1986, in the unincorporated area known
as Rodeo, Contra Costa County, -at the intersection of San Pablo
Boulevard and Parker Avenue . Claimants' decedent was killed as a
result of an automobile accident , wherein Mitch Todd Anderson
negligently drove his automobile into CINDY CARROLL causing her
death. A further and concomitant cause of CINDY CARROLL' S death
was the negligent manner in which the aforesaid intersection was
constructed, maintained and controlled. Many citizens have re-
quested traffic control devices at said intersection, but the
aforesaid Government Agency has failed and refused to install
said devices. Said failure and refusal were the proximate con-
curring causes of the death of the said, ,C.INDY CARROLL.
LE
p
D
Claim Against Public Entity
April.2, 1987
Page Two
4. The amount claimed as of .the date of the presentation
of this claim, is as follows :
WILLIAM R. MANNING --$5 , 000, 000. 00
(FIVE MILLION DOLLARS)
CHRISTOPHER MANNING -- $5, 000,000. 00
(FIVE MILLION DOLLARS)
The computation of the amount claimed is based upon the
type and severity -of the injury, including all general and special
damages proximately caused thereby.
Dated: April 2 , 1987 '
ALLEN WILLIAMS
Attorney for Claimants
S
t�T= ':`F VL: r"Ci kl
A73-.14—
lUhF 1 -. 19 -
"TI .,:EY f.T L ►,
1577
CLI J" :.tl+`' t*s: {
aF
�TrT ' ?GA�.'J ,",^' IkC-Ls =T ITS *'�..TI::6 JF J i. Yl 1
t. CT'C THIS ( LAI.".
" ' %T CLA :,
.T A T . .iK�
h
Uf'JF:7 1C .C=r;74A =JiC =#`'TI CjS, y,'U r,ZV; v"v,Y S?a 'Oh"TH5 FRC". T►+"
hi': r TF:I3 t�CTat : :rf5 Fr.;SCIALLY cLiVcR�G J . , 01P II EV !"N THE '4'A:L T:
r :L . C'')vFcT ACT : ': t) T-.I . :r_AIC:,DE S. .TIYGr:
�:. . �. vv:i M;,YSc"": � Tl; A:V: t? V AN .ATTGRkFY f'F Y-'-U; CHOIC - Ir'
�'titi :tTIC•� '►. ITr 1i�1 . ! AI-T N I ► .Y :L SI T: f G"5L•LT ON =17.Clr` ;Y.
a
1 VERIFICATION
2 rI am the attorney for the Plaintiff in this action;
3 the Plaintiff is absent from the County of Contra Costa
4 of which I have my office; I have read the foregoing First Amended
5 Complaint I am informed and believe that the matters in
. G it are true and on that ground allege that the matters stated in
7 the complaint are true.,
8 I declare under penalty of perjury that the foregoing is true
9 and correct and that this declaration was executed this 8th
10 day of F rch, 1988 in Pittsburg, California .
11
-
12
13ALLEN WILLIAMS , Attorney at Law
Attorney for Plaintiff
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 i//
1 _ PROOF OF SERVICE BY MAIL
(C.C.P. §1013a & 2015. 5)
2 �
3 I declare that: .
41 I am employed in the County of Contra Costa, State of
5 California. I am over the age of eighteen years and not a party
G to the whin action; my business address is 1901 Railroad Ave. , -
7 Pittsburg, California 94565-0157.
8 On March 9 , 1988 , I served the within
9 First Amended Complaint
10
11
12 on the belowtnamed in said cause, by placing a true copy thereof
13 enclosed in a sealed envelope with postage thereof fully pre
14 paid, in the United .States mail at Pittsburg, California,
15 addressed as follows :
16
Gary M. Lepper Tony Anziana
17 Mark R. Reedy State of California
STODDARD, LEPPER & FALCO Dept. of Transportation
18 1440 Maria Lane, Suite 300 595 Market St. , Suite 1700
Walnut Creek, CA 94596 P.O. Box 7444
19 San Francisco, CA 94120-7444
20
21
22
23 I declare under penalty of perjury that the foregoing is
24 true and correct, and that this Declaration was executed this
25 9th day of March. 1988 , at Pittsburg, California.
2G
27
28 ///
1 GARY M. T,rnrrP
MARK R . RrP.DY
2 STODDARD, LrPPr?R &. t'ALC()
1440 Maria Lane, Suite .100
3 Walnut Creel; , CA 9459
Telephone: (41-5) 930-61.00
4
Attorneys for. Defendant
5 COUNTY OF CONTRA COSTA.
6
7
8
SUPGR [nR COURT Or r.nr,rrORNTA , COUNTY OF Cc�N'I'Rn CnSTA
9
10
WTLLIAM R. HANNING, etc. ,
11
Plai.nt .iff- , NO. 306 ,992
12
V.
13
COUNTY OF CoNfRA COSTA,
14
Drfnn��ant.
15 / CROSS-COMPLA[NT
--^ --- - --- -------- FOR INDFMtJI'CY
16 COUNTY OF CONTRA COSTA ,
17 Cross-Compl.a i nant ,
18 V.
19 STATE, OF CA[,TFORNIA, MT'rCll ANDERSON,
DONALD ANDERSON , DOES 1, through 100 ,
20
Cross-Pefcndants .
21
22 Defendant and crass-complainant COUNTY OF CONTRA COSTA
23 alleges as follows:
24 r t RST CA11SI? n A("r'TON
25 I
26 At �-)Il t: imen herokn mentionoO, crt�sr-def�ndanl:s , and
DDARD,LEPPER
& FALCO
6'TC)nNEVS At LAW
Menu lane.Suite 3M
'nu(C100k.'CA 94596
Ot5)9386100
1
2
each of them, had the true names, i-denl-.ities and capacities as
3
alleged by plai.nt•iff in 11 Ls complaint . Defendant STATE OF
4
CALIFORNIA is now, and has been at al- times herein mentioned, a
5
sovereign sl.a"te of. the Uni.t:od States of America . Said complaint
6
is , by this reference , incorporated herein as, if set forth in
7
full , with said incorporation being For the purposes of pleading
8
this cross-complaint only and, by so doing, cross-complainant
9
does not admit the .trart•.h of any allegations of said complaint
10
and expressly denies any liability thereunder .
11
zI • -
12
On or. about ,Taneiary 15 and -January 27 , 1988 , cross-
13
complainants presented to defendant sTATE 017 CALIFORMIA , by
14
mailing to the State Roard of Control. , Claims for indemnity and
15
Contribution based on tho occurrence alleged in plaintiff ' s
16
First Amended Complaint , all. in compliance with the requirements
17
of 5905 of the Government Code.. (These Claims are attached as
18
Exhibits A and B , respec,tivoly. )
19
20
Cross-Complainant received notice on April. 1 , 1988 ,
21
from the State Board of Control that: it anticipated rejection of
22
these claims at its meeting -of May 25 , 1988 .
23
TV
24
Cross-comp l.a1nant is ignorant of the true names ,
. 25
identities and capaci. ti.ns , whether corporate , partnership ,
26
associate , individual or other.vri.se , of cross-der:enda.nts , •Does 1
1DARD, LEPPER
& FALCO
7)nNEVS AT LAW —2-
4-1-4
2—
AwrrA Lane.SVi1rt 700
-ut Cr"k.CA 945%
(415)938-6100
1
through 1000, inclusive, and therefore sties said cross-defendants
2
by such fictitious names . This cross-complainant will seek
3
leave of court , if necessary , to insert the true names ,
4
identities and capacities of: the fictitiously named cross-
5
defendant;, when the samo have heon ascertained . Cross -
6
complainant is informed and believes and, thcr.efor. e alleges ,
7
that each of the cross;-defendants who are sued herein by their
8
fictitious names are responsible in some manner' Cor the
9
happening oC the accident , if any, and they are obligated to
10
indemnify cross-compl.iinant he.reln , or to contribute to any
11
judgment rendered against cross-complainant .
12
V
13
Cross-compl.a i. nant allege, that at all rimes herein
14
mentioned , each of the cross-defenclants was the agent and
15
employee of the remaining cross-defendants and each of said
16
cross-defendants was acting_ within the scope and purpose of said
17
agency and employment .
18
VI
19
This cross-complaint r. el.ate, to certain events and
20
incidents which are a11r•grrl to havr orcur. rr!d aI- I-ho t.imns and
21
places specified by plaintiff. in' the compl ,iint-. , in which
22
plaintiff a .tleges that: he suffered wrongs and damages as a
23
consequence.
24
VI 'I
25
Cross-comp lai. nant all.egcs that should it have any
26
r.esponsihility or l. iahil .ity f:at _plaintiff 's injur. i.r�s by virtue
)DARD,LEPPER
8 FALCO _3_
"TonNEVS AT LAW
MaA4 Lane.Suite loo
out Creek.CA 945% -
(415)9(}8.6100
1
of. the all -gattions cont-.a.ined in his complaint , said liability
2 '
and . responsibi. lity is shared by the cross-deFendants, and each ;
3
of them.
4
VT 1 .1
S
Cross-def.end:attts , Anel each of them, contributed to the
6
aforesaid wrongs :and damages, if any, in the manner spec.iFied - by
7
plaintiff in the complaint. Cross-defendants , _ and each of them,
8
knew or should have known that, as the result of their action's
9
or inactions , such wr.on(ls ,and damages might result to plaintiff:
10
and others.
11
TX
12
The 'wrongs and damage, reFerred to by plaintiff in , his
13
complaint were proximately caused and con tri.huted to by the
14
negligence and carelei-lne ;, of cross-defendant!-, , and each of
15
them, as her.etoEore described.
16
X
17
Cross-complainant_ alleges that i.,nsoE'ar as the conduct
18
of cross-deEenr�ants, and each of them, is determined to have
19
been a proximate cause of the injuries ane? damages alleged by ,
20
plaintiffs , ti-en this defendant and cross-c-omplainant is
21
entitled to partial or complete indemnity from ' those cross-
22
defendants, an6 each of them, on comparative f.altlt basis in an
,23 .
amount equal to the percenL-age of .the . verdict or judgment which
24
is proportionate to thn contributing nca.ligent conduct or. ' fault
25
on the part- of cross-defendants , and Poch of thnm.
26
WHEREFORE , cross-cotnpl .afnant prays judgment as
ODDARD,LEPPER
& FALCO -4-
ATTrN1NFYS AT LAW
+0 M-1-0 IAM,Suun 3n0 -
Z-VI C.eet.CA 94596
,nSt 418.4;10n - .
1
hereinafter. set- forth.
2
SrCOND CAUSE OF ACTION
3
i
4 v
Cross-complainant- refers Vo paragraphs I - X,
5
inclusive, of the Firsi-. (7,inse. of Action of tho Cron,s-Complaint
6
and incorporates them herein by reference .
7
zl
8
Cross-compl, inani. may have to bear a less which , in
9
equity, it should not he raced with by virtue or the conduct of
10
cross-defen,.ants , and each of them, if, in fact, the allegations
11
of plaintiff ' s complaint and the allegations of. cross
12
compla.inant 's cross-complaint are found to be true.
13
III
14
A dispute has arisen and ,an actual controversy exists
15
between the cross-complainant herein and the cross-defendants
16
`17 herein ,. and each of them , concerning the respective rights ,
duties and obligations of the cross-defendants , and each of
18
them, to partially indmmni. fy cross-complainant for any verdict
19
or judgment r.endere.0 against cross-complainant . This cross-
20
21 complainant requests a doclarati.on of: rights and dut- ics of
cross-defendants, and 1�:ich oF. them, to this cross-complaint.
22
TV
23
Insofar as 1;11e conduct of cross-defendant, , and each
24
of them, is determine(I to have been a proximate cause of the
25
injuries and damages :41. 11-ged by plaintiff , then this, cross-
26
complainant is entitled to a dr'rclaratlon that it: he • indemnif.ied
7DARD,IEPPER
8 FAICO
MnNEYS AT LAW - -
'Aaria Lane.Swe Soo —J—
wi Creek.CA 94596 -
(415)938-61oO -
1
by cross-de Fen(16nts, and each of them, in an amount equal to the
2
amount in which their conduct: or. Fault: contributed to
3
pla .intiEf ' s wrongs or. damages , and in an amount which is
4
proportionate and allocable to cross-defendants ' respective
5
allocable fault .
6
V
7
Cross-complainant: is informed and believes , an.cl based
8
upon such information and hel.ief, . that the cross-defendants., and
9
each of them, 6e.ny any hrernch of legal or equ ital)le duty by them
10
and Further deny, by implication, that they should in(lemnify'
11
cross -.complainant on the basis of: their. comparative
12
re'sponsibili.ty for any judgment rendered in favor of plaintiff_
13
against cross-complainant herein.
14
WHEREFORE , cross-complainant prays for relief as
15
hereinafter set forth.
16
TI-ITRI) CAUSE OF ACTION
17
T
18
Cross-complainant re Fers to paragraphs T - X,
19
inclusive, of the First Cause of Action of: the Cross-complaint
20
and incorporates them herein by reFerence .
21
IT
22
Cross-complai.nZnt:_ alleges that it suffers no liability
23
24 in this case , except such liability as may be imposed by
operation of law by principles of vicarious liability or passive
25
negligence wl, ,ch liabili.ty or exposure to liability is not bases]
26 _
upon any n�,gl igence or. F a�.� lt of cro-,-compliinant . Cr. os
DARD, LEPPER
& FALCO
onNEVS AT LAW
,*,in LAne.Suite 300
'I GM4.CA 94596
415)938;6100
1
complainant is informed and believes that if such Tiabil.i.ty is
2
established, i,t will be based upon the, direct , active and
3
primary negligence with the cross-defendants, an(l eAch o.f them.
4
ITT
5
By service of this cross-complaint , the defense and
6
indemnity of this action brought against cross-complainant are
7
tendered to said cross-defendants , and each of them, and the
8
wrongful refusal of said cross-deFendants to accept this tender.
9
of defense will. result in a claim fuer reasonable al-.torney 's fees
10
and costs hereinafter incurred in the defense of the above
11
action.
12
TV
13
By virtue of the foregoing , a real and actual
14
controversy exists betw(�en cross -complainant and cross-
15
defendants , for which c«ntroversy. there i-s no adequate remedy at
16
law and it is in the interests of justice that the dispute be
17
disposed of in this action , and, accordi.ngl.y, cross-complainant
18
seeks a declaration from this court that cross-daf:endants, and
19
each of them, must hold harmless and indemnify the cross-
20
21 complainant From all. expenses inclurli.nd costs of sui-'t, damages ,
22 judgments and settl:em-pts , claims or awards , wh -ich may be
obtained in the action by the pla i nt i f f ag.a i nst • cross -
23
complainant .
24
Ri?PORT; , cross-complainant herein prays for. judgment
25
against cross-de.fendantq, and .each of them, as follows. .
26
1 . That in the event: -itis determinrl in 1: action
action
)ARD,LEPPER
3 FALCO -7-
�RNEVS AT low
via lens.Smie 300
C'Pok.CA 94596
115)939-6100
„�•.� �. r �-. .. ....+w.r.•-...+.�w.�.-• TAY
1
that there is any sum clue from cross-complainant to plaintiFF,
2
then., and in that- Pvrn)- , 1-ho court dol',erm.ine ccnd adjudge that
3
cross-defendants indemnify cross-complainant: From and against
4
that amount: of the j))clyment awarders to plaintiff in proportion
5
to the negligence and/or. fault attributable to the cross-
6
defendants , and fur. thi? r that cross-complainant only be held
7
liable for that amount or negligence and/or fault which . the
8
trier of fact attributes to it.
9
2 . That , in the event: it is doter.minerl in this action that
10
there is any sum due from cross-complainant to plaintiff as a {
11 {`
result of liability imposed upon cross—complainant as the result
12
of opernt.i -n of law by principles of v.icari. o+)s liability or.
13
passive nr(l.ligence , wherein the negligence of. cross—complainant
14
is passives in contra , t to the dir..(� ct , act: ive and primary
15
negligence or the cross- lefendants , the court determine and
16
adjudge the-it said cross-defendants i.nclemnify cross-complainant:
17
from and aa3.inst the amount: of the judgment awarcled to plaintiff
18
and against crass-r_ompl.�inant.
19
3 . That the court determine and declare the rights ,
20
duties and obligations or the parties to this mal:tryr under and
21
by virtue of the facts , matters , happenings and events
22
comprising the transaction or transActions i nvol ved in the
23
complaint and cross-complaint on file herein;
24
25 4 . For costs of suit incurred herein; and,
5 . For such other and further reli.ef as to this court
26
seems just ,nil proper.
:)ARD,LEPPER
3 FALCO
)RNEVS AT LAW ,
.ne Une,Site 300
.Creek.CA 94596 - -
-75)939.6100
It
. 1
DATED: April. Y` 1988 .
2
STODDARD, UPPER & FALCO
4
MURK R. REEr)Y
5 Attorneys for Defendant
and Cross-Complainant
6 COUNTY OF CONTRA COSTA
7
8
9
10
11 -
12
13
14
15
16
17
- 18
19
20
21
22
23
24
25
26
RD.LEPPER -9-
WCO
£YS AT LAW
tone.SOe 300
•k.CA 94596
138-6100
1
2 PROOF 01.E SGRVTCE
3 STATE OF. CAf.TF01?NTA )
4. COUNTY OF CONTRA COSTA )
5 T am a ' cik i.zPn of rhe fin ter? r,1-1a and a ren idr-nC o the
County or: Conl: ra' Cost".n . i am ow, r .1w age of � i (l)itncn ( 1.8 )
6 years and not ., party .Lo Lhi within ,nction. My hrrsinnns address,
is 1440 MariaT,rnne #300 , Walnut Cr.e�-k , California 94595.
7
On the data set forth l,nlow, T served the wil:hin
8 -
CROSS-COMPLAINT
9
by enclosing a trur cony th reoF; in a ,r'aled envelope adrlr.essed
10 to the part i es t.isted bel .-end rlr~posi t i na t:he envelopes in the
United ,States mail with posl-.:ige fully prepaid.
11
ALLEN WILLIAMS
12 ATTOR-LXY AT LOW
P,.* 0. i;OX 1'.7'7
13 PITTSBURG , (:A. 94565-01.57
14
15
16
17
18
19
20
21 I decInre nncler penally ofperjury that the Foregoing 1.1.;
true and correct: .
2z
Executed this 8th (lay or 11pri1_ 1988 , at.
23 Walnut Creek , C,aliCorn 1) .
24
25
26 _
)ARD,LEPPER
i FALCO
inNFY$AT(AW
C,wwt.CA 94596
1
2 PROOF OF SERVICE BY MAIL
(1013a, 2015.5 C.C.P.)
3 I am employed in the County of San Mateo, State of California. I am over the age
4
of eighteen (18) years and not a party to the within action. My business address is 3000
5 Sand Hill Road, Building 1, Suite 185, Menlo Park, California 94.025
6
On the date indicated below I served document(s) entitled: Claim for Indemnity
and Contribution on the interested parties in this,action by placing a true copy thereof
8 enclosed in a sealed envelope with postage thereon fully prepaid, in the United States
9 Post Office Mail Box at Menlo Park, California, addressed as follows:
10
11
12
Allen Williams, Esq.
13 P. 0. Box 1577
Pittsburg, CA 94565-0157
14
15 Mark R. Reedy, Esq.
Stoddard, Lepper & Falco
16 1440 Maria Lane, Suite 300
Walnut Creek, CA 94596
17
18 Tony Anziana, Esq.
State of California
19 Dept. of Transportation
595 Market Street,-Suite 1700
20 P. 0. Box 7444
San Francisco, CA 94120-7444
21
22
23 1, Frances Sahlbach, certify (or declare) under penalty of perjury that the
24 foregoing is true and correct and that this declaration was executed Junefg 1988 at
25 Menlo Park, California.
26
27
Frances Sahlbach
28
/moo
P_AIM
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 AV�u s t 2 1 9�8
and Board Action. All Section references are to ) The copy of this document mailed to you i your notice o
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: X123. 00 Section 913 and 915.4. Please note all "Warnings". ;4Ty CC,Li+I;
CLAIMANT: PETER J. HAYES 19E
93 Medonas Avenue
ATTORNEY: Pittsburg, CA 94565 n z
\\ CA
Date received
ADDRESS: BY DELIVERY TO CLERK ON June 30, 1988 hand del ..
BY MAIL POSTMARKED: no envel'o.pe
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PpHHIL BATCHELOR, Clerk
DATED: July 7, 1988 BY: Deputy
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(� This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: BY: Deputy County Counsel
I1I. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
{ ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present.
(�) 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 1986
Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally 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 4 1988
Dated: BY: PHIL BATCHELOR by eputy Clerk
CC: County Counsel County Administrator
' r^LAIM TO: BOARD OF SUPERVISORS OF CONTRA COS�T�+
§wUrON1 application tot
Instructions to Claimant Clerk of the Board
P.O.Boz 911
A. Claims relating to causes of action for death or ton riCuryn-04533
person or- to personal property or growing crops must be presented
not later than the 100th day after the accrual of the cause of
action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause
of action. (Sec. 911. 2, Govt. Code)
B. Claims must be filed with the Clerk of the Board of Supervisors
at its office in Room 106 , County Administration Building, 651 Pine
Street, Martinez , California 94553.
C. If claim is against a- district governed by the .Board of Supervisors ,
rather than the County, the name of the District should be filled in.
D. If the claim is against more -than one public entity, separate claims
must be filed against each public entity.
E. . Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end
of this form.
RE: Claim by ) Reser, stamps
� REC
> P �'A 3.01988.,
Against the COUNTY OF CONTRA COSTA)
CLE PHI T LO
or DISTRICT) T F P OPS
(Fill in name) ) er �., aely
. The undersigned -claimant hereby makes claim against th unty of Contra
Costa or the above-named District in the sum of $ 3 r�
and in support of this claim represents as follows -
------------------------------
ollows :
----------------------------------------=-------------------------------
1. When did the damage or injury occur? (Give exact date and hour)
2. Where aid the damage or injury occur? (Include city and county)
3. How did .the damage or injury occur? (Give full details , use -extra
sheets if required)
S C I C' C��G_!/�
------------------ ---------- -----=--------------- -----------
4 . What particular act or omission on the part of county or district.
officers , servants or employees caused the injury or damage?
"Y
.(over)
..�._...._._�_,......;- ,. ....�...,.. ... ..,•rr�:,:� .:::. ..,-,... :. ,.. .. .. : ..:..:. . . .:....... ,.. _ . ....—,....�a,�.=,..nom...,..-..a .�.....� -- _......_...�..,....,..>......
5* What. ar.e.,the..names of county or district officers, servants or
employees..causing the damage or injury?.
So 4:5f A K P,
-------------------------------------------------------------------------
6. What damage or injuries do you claim resulted? (Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage)
_ r
7 . _How was the amount claimed above computed? (Include the estimated
amount of. any prospective injury or damage. )
------------ --------------
S. names and addresses of witnesses , doctors 'and hospitals.
-- -- -------------------------------------------------------
9 .--List--,-t-he----ex-penditures--- you made on account of this accident or injury:
•DATE ITEM AMOUNT
37re(71
hzz "fiP f f< %c5.re!:!
CPO
c Sif
Govt. Code Sec. 910 . 2 provides :
"The claim signed by the claiman
SEND NOTICES TO: (Attorney) or by some person on his behalf.
Name and Address of Attorney _ f'R 7 Hf
Claimant' s Signature
Address
Telephone No. . Telephone No. zKS Q .37 ,5-
NOTICE
37 ,5-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. "
(tty of eoncotd
POLICE DEPARTMENT
PROPERTY RECEIPT
NAME - DATE
.5-
ADDRESS otTY
��vla f r1�Glz X16c y✓Go �
CASH:
�WLLAWV �--�-
�l
OwIcm
WRNESSM BY:
I HAVE RECEIVED THE ABOVE DESCRIBED PROPERTY FROM THE CONCORD
POLICE DEPARTMENT.
NAME
RELEASED BY: TIME
No? 6 3
I
ONTRA COSTA DETENTION FACILITY 1
PROPERTY RECEIPT
DATE: 03/17/88 REC: 130655
TIME: 055:' FACILITY: MDF
NAME; Nn.ES PETER JOSEPH
PROPERTY BOX It
BOOKING NBR: 88006708) 1 + 1
ITEM UNDER COUNTER: Y OR N
INTAKE
CASH. $ . 00
JEWELRY: N DESC: i
1
WATCH: N DESC:
WALLET/PURE,': N
KEYS: .0
GLASSES: N
BELT: N -
KNIFE: N j
OTHER:
t
BKG OFC: 42967 '
PROPERTY BOX ASSIGNED:
x �S Ltd I
INMATE SIGNATURE
RELEASE1
I
i
DATE:3 30-- 1.HAVE RECEIVED ALL OF MY
REL
PERSONAL PROPERTY.
OFC:
X i
INMATE SIGNATURE
t/
w
,�ao
APPLICATION TO FILE LATE CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Application to File Late Claim ) NOTICE TO APPLICANT August 2 , 1988
Against the County, Routing ) The copy of this document mailed to you is your
Endorsements, and Board Action.) notice of the action taken on your application by
(All Section References are to ) the Board of Supervisors (Paragraph III, below),
California Government Code.) ) given pursuant to Government Code Sections 911.8 and
915.4. Please note the wWARNING" below.
Claimant: MR. & MRS. MARCUS FUH
c/o Thomas G. Beatty, Esq. County Counsel
Attorney: McNamara, Houston, Dodge, McClure & Ney
1211 Newell Avenue #202 JUL 11 19$$
Address: Walnut_ Creek, CA 94596 _
Jul 8 M19�g z' CA 94553 .
Amount: $250, 000-. 00 By delivery to Clerk on Y
Date Received: July 8 , 1988 By mail, postmarked on July 7 , 1988
Certified P 772 3304
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above noted Application o F e Late Claim.
DATED: July 11, 1988 PHIL BATCHELOR, Clerk, By Deputy
a
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) The Board should grant this Application to File Late Claim (Section 911 6).
( vf The Board should deny this Application to File Late Clii c 911:6).
i n VICTOR WESTMAN Count Counsel
----Deputy
DATED: , Y ,
III. BOARD ORDER By unanimous vote of Supervisors present
(Check' one only)
(� This Application is granted (Section 911.6).
( ) This Application to File Late Claim is denied (Section 911.6).
I certify that this is a true and correct copy of the Boards Order entered in its
minutes for this date.
DATE: AUG Z 1988 PHIL BATCHELOR, Clerk, By Deputy
WARNING (Gov. Code 5911.8)
If you wish to file a court action on this matter, you must first petition the
appropriate count for an order relieving you from the provisions of Government Code
Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such
petition must be filed with the court Within six (6) months from the date your application
for leave to present a late claim Was denied.
You may seek the advise of any attorney of your choice in connection With this
matter. If you Want to consult an attorney, u should do so immediately.
IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator
Attached are copies of the above Application. We notifed the applicant of the
Board's action on this Application by mailing a copy of this document, and a memo thereof
has ben filed and endorsed on the Board's copy of this Claim in accordance with Section
29703.
AUG 4 1988
DATED: PHIL BATCHELOR, Clerk, By Deputy
V. FROM: 1 County Counsel 2 County Administrator. TO: Clerk of the Board
of Supervisors
Received copies of this Application and Board Order.
DATED: 'County Counsel, By
County Administrator, By
APPLICATION TO FILE LATE CLAIM
1 McNAMARA, HOUSTON, DODGE, MCCLURE & NEY
1211 Newell Avenue, Suite 202
2 Post Office Box 5288
Walnut Creek, CA 94596 RECEIVE, ;;;
3 ( 415) 939-5330
G.
4 Attorneys for Claimants ��i� 1988
MR. and MRS. MARCUS FUH
5 HIL T E
VISC?
GL_. KAONT
wy
6 By .....1 eF
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF CONTRA COSTA
10
11 In the Matter of the Claim of ) APPLICATION FOR
MR. and MRS. MARCUS FUH ) PERMISSION TO PRESENT
12 ) LATE CLAIM PURSUANT TO
13 against ) GOVERNMENT CODE SECTION
911. 4
14 THE COUNTY OF CONTRA COSTA )
15 TO: BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA
16 Application is hereby made for permission to present the
17 attached claim after expiration of the time limit provided in
18 Government Code Section 911. 2.
j 19 ( 1) As stated in the attached claim, claimant.' s cause of
20 action accrued on or about November 9, 1987.
21 ( 2) The time for presentation of such claim under
22 Government Code Section 911. 2 expired on or about February
23 19, 1988.
24 ( 3 ) The reason for the failure to present such claim within
25 the time provided in Government Code Section 911. 2 was as
26 follows: The file regarding this case was not referrd to
27 counsel until late December 1987 of early January 1988. As.
28
CNAMARA,HOUSTON,
DGE,MCCLURE&NET
ATTORNEYS AT LAW
NEWELL AVE..SUITE 202
P.O.BOX 5288
,LNUT CREEK.CA.94596
14151 939-5330
1 a result, the legal basis for a claim against the County was
2 not discovered until after the 100 day period passed. No
3 prejudice to Contra Costa County has arisen from the delay.
4 I certify and declare under penalty of perjury under the
5 laws of the State of California that the foregoing is true and
g
correct.
DATED:
8 Mr. Mar us Fuh, Claimant .
9 DATED: .�-
10 Mrs. Marcus Fuh, Claimant
11 This will acknowledge receipt of the above claim on the
12. day of 1988
13
14 BOARD OF SUPERVISORS,. COUNTY OF
CONTRA COSTA
15
16 _
By:
17 Title: .
18
19
20
21 . Application Mailed by Certified Mail on
July 7, 1988 .
22
23
24
25
26
27
28
4CNAMARA,HOUSTON,
DDGE.MCCLURE&NEY
ATTORNEYS AT LAW -
11 NEWELL AVE..SUITE 202
P.O.BOX 5288 - -
IALNUT CREEK.CA.94598
14151939-5330 -
j.
mop"
McNANlARA, HOUSTON, DODGE, iv1cCLURE & NEY RECEIVED
1211 Newell Avenue , Ste . 202 lg�a
P. 0. Box -5288 MAIN' 3 1
Walnut Creek, CA 94596
PHI
Attorneys for Claimant W..ks �TELQR
n�°cro P
gy ' '..I�DUtV
CLAIM AGAINST THE COUNTY OF CONTRA COSTA,
PURSUANT TO GOVERNMENT CODE SECTION 910 , et sea.
TO: BOARD OF SUPERVISORS
COUNTY OF CONTRA COSTA
651 Pine Street ,
Martinez , CA 94553
The following claim for equitable indemnity is hereby
made on behalf of Mr. and Mrs . Marcus Fuh against the County
of Contra Costa.
A. NAME AND ADDRESS OF CLAIMANT
Mr . and Mrs. Marcus Fuh
19 Keith Drive
Orinda, CA 94563
B. ADDRESS TO WHICH NOTICE IS TO BE SENT
Thomas G. Beatty, Esq.
McNAMARA, HOUSTON, DODGE, McCLURE & NEY
1211 Newell Avenue, Ste. 202
P. 0. Box 5288
Walnut Creek, CA 94596
C. DATE, PLACE AND CIRCUMSTANCES WHICH GIVE RISE
TO THIS CLAIM
The circumstances which give rise to this claim began ,
not later than February 13 , 1987 , when John and Wanda
Rodriguez filed an action founded on inverse condemnation,
nuisance, and negligence against the County of Contra Costa. '
A copy of plaintiffs ' complaint asserting such theories -is
attached herein as Exhibit "A" .
Mr. and Mrs. Marcus Fuh were served with the Complaint
on or about November 9 , 1987 . Their answer was filed on or
about January 29 , 1988. The Fuhs understand that the County
has appeared in this action.
D. DESCRIPTION OF THE LOSS INCURRED
In plaintiffs ' complaint, which was also filed against
Mr. and Mrs. Marcus Fuh, plaintiffs assert that their
property sustained damage due to the conception, design,
construction, operation, maintenance and varied existence of
a public roadway known as HaLl Drive. Specifically, they
claim that they were forced to sell their house and land at a
reduced price , with an equity loss of approximately
$250 , 000. 00 .
E. EMPLOYEES CAUSING INJURIES OR DAMAGES
At the present time, claimants do not know the names of
the agents, servants and/or employees of the County of Contra
Costa, who contributed to said loss.
F. AMOUNT CLAIMED
The exact amount claimed is as yet unknown, but plain-
tiffsclaim that the minimum loss is $250 , 000. 00. That
amount includes, but is not limited to, the diminished value
of their. home, .the costs incurred by them to repair damage as
-2-
• a consequence of the problems related to the Hall Drive
roadway.
Mr. and Mrs. Marcus Fuh maintain that if liability is
-imposed upon them, that liability can only be derivative from
or concurrent with the acts -of the County of Contra Costa,
and other defendants, . and that the County of Contra Costa, as
well as others , will have an equitable and legal duty to
indemnify the. Fuhs , either in entirety or in proportion to
the relative degree of fault , for such liability.
DATED: This day of March, 1988 .
Respectfully submitted,
McNAMARA, HOUSTON, DODGE., McCLURE & NEY
By:
Linda J. Seifert
Attorney mor Claimant
This will acknowledge receipt of the above claim on the
day of 1988 .
BOARD OF SUPERVISORS, COUNTY OF
CONTRA COSTA
By
Title:
Claim Mailed By Certified Mail
1988
March
-3-
T1(/41/ Ta 6 Ar IN V",I'O;11 OLTIcwkI._N gI%Awj.. Y ApDgE1S,1 1LLEP ipR CDLWl WYE p►.. .
CURRAN L, ALSCHULER, =
A Professional Corporation
o ,
166 Santa Clara Avenue
Oakland, CA 94610 (415) 653-7207
FEB - o 1987
TTpFNE�'For.(NLmr1 Plaintiffs John J. and Wanda L. Rodria_ues. D
IS(-.1 nan'( Cl courI.tucliClal O:S:'Itl Ot D'anCn COurl.It any.eno CD51 011iCe 8nd 61reci IDOre55 I R�S��Coirtr�rk
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, �r
IN AND FOR THE COUNTY OF CONTRA COSTA, 725 Court
Street, Martinez, CA 94553 ..
i
JOHN J. RODRIGUES and WANDA L. RODRIGUE8
>EEEI�O�,i:i
THE C01_rNTY OF CONTRA COSTA, THE CITY OF ORINDA, JOHN A. THIEL and
X'RS. JOHI; A. THIEL, MARCUS FUH and MRS'. MARCUS FUH,
>✓C�� I To 25 . �nclL sive .
'�'Oh`PLAIi:7—Personal injury, Property Damage, Wrongful Death I �\
h!OTOR VEHICLE =.OTHER (specilj)
Froprrt) Dac,3DE wron lul De?Sf.
_.Fe'son2' In;: ;) 1 �'VERSE CON
DE'•.�r'='IOi•� , NUIS�',;� E h?:D I�E�i'I•'-.E'"r. i
i .F � -- �'�: ,' .i.,. i.ac. - .,cr.• c^_ Ei.C. . 'S C.:^:5 _ ,^:c t: JP,'.'IC r.L—.: �' _. .�\— :.
E:. 9 L C: '•r:. .. 6._
i0 d:;
L' ..i.. .... • �G�:� E . 1, fC°c�..SIJ:
`I,-
_:C IT.:rlC" E Gam....
V. E G.EC : E7, (i* C:MSC•\L�� EC.G._ G! L C.;F IC:2- GC lE'.*-. ':G- r.. GC-_ •��✓
iC V.'~._ c _ +c'L:E G' CC.^.--'\'e._ C` : ES:ElE E c C,c �:c' c- c_. . inlf-_
1'. C.- ;r.' �.J f..if5: L('fit 1':c 1tC'1'. :1= r.c"•E G` r:�F. .•�
!:: . r !.Ct, ,_ATL •.
E:. 7 'ci:: r.I(....,,.I,� ,.,.,. B1( r -. ::— .'(:{"t' 8^•_ .. 1? c':JM r C'^ ...—
Cr1�,��'LG,Ir�'T�t.( •c , ., 1. Pr �rri�
7�
J. RODRIN-.r,S, et al . , P.laintiffsNU .&IR
F CONTRA CSA, et- al . ; Defendants. 1.
u � Li
COMPLAINT—Personal Injury, Property Damage, Wrongful Death
3 a Each Cetendanl name/ above it a nature!person
Mlg: ; 'S ► ? lltfelE r6nl (name) Except detenoantSname) fictitiously named
i ICI,T-Y OF ORINDA as DOES 20 through 25 are builders, de-
AA- A. sianers . and developers of Keith Drive,
7---a business oroanizattorl. Corm unknown pr ope-s r a��SnE���1g �atlorl, form unknown
= ,B corporation a corporat:on
arI unincorporated entiiy(descrit,e) �I an untncorriorated entry(aescri'
**--�� a lblic eNitr.(describe) A r �J a public entity(describe):
' o- into: a�ec and operating unSP'_ t tNl dacesChar—
he State o^Salifornia
diner other(specify.)
-r,.Excep' defendant (narne): =Except dElenrani (namE):
THE COY OF CONTRA COSTA
1:'rrn Unknt,wr, i_.e bos-ness orc: 701 .'., tv' Unl:nOv:n
_ e CC•'.70:o1'C,rl _� CbirlpicUOr.
8r: Ur1ir,Cp•pptciEC E'.i:,i (CfS:11DE; _an U71lr :Ori^'olEJ E't:'j' (OESCIibE)
(r'E'"'•f'''E'. A C=nty Quay &"ar— :c R::bl!C. Eit,t?, (G+c.c r-'lbEI
re 1 ,:C�:—c_CR' Z7.^. •C?==at_n'z under the iccaLOs C=
c=L= ic is — t\
L t-7 a: :!^EF E'E .nir;p 'I I: F'•c
C ceif ave rt-a, I: in �C;r'.;IC'...—
C [tc;ct:CE'I';. V."1C E'E '•IcC iU•c ic'., Ii CD:: Ot yli ^'•oCECJ'E arc Jnz"IE..1
ane
n1
D'"
>✓•ODe' cU::r, be=a use
—�' t' tEcS'. C'.e- DEic'L'.c'": r1C'i'. Tec;Dcc jtl tIc ).:•tSDiCiiC�r.c� c'tcc . .
__' •^` «'l•'. :iacE O' DUPrIESS c' E Co'oDra!IO^ Or UntnrCiC^ItelEb 2S5^:Iei:C7ri t°. Irl IIE IUrlsClci!Drla• a!Ec
=_ tri :L•-� C' LL'rE� Ic L�f'SDnE; ID,, 'i-, c-cu'rf: t•. iii )U'1s7:�. _'.c crEc
G".t"•�. :L'�i ^'he _—ea p- operty cf hiS c=='La_nt is lo=ated
k_t)"in CCntra Costa
E _ �Pc t-.11C°Y..•1i" p2'e:r2ntir pt ItIIS CU*rl; .c �' nc telt •T i [ c;lcc . �:
"e' E e If- [•I. Q a !C�'' c'l i• (spf 11 parapra.'r- n
LIn7�f'
, 'c
Ps .set ford: -n t1he Ceuser Cr action. .
pPi �1lf E JOHN 0 . RO 'GUES, et al . , Plalntifts;�s. c.asl bl►MEFR
THE C0UhT1' OF et al *. , Defendants
COMPLAINT—Personal Injury,Property Damape, Wronptul Death (Continued) Fa;t Poe(
7. the damages c4aimed for wrongful death and the relationships of plarntitl to the deceased are
�llrsted in Complaint—Attachment 7 =BE toliDWS
S. Plaintiff has suffered
wage loss loss of use of property
hose Ila' and medico! expensesgeneral darnage
proper)• d2mape v Iess of earnrne capacity '
other damage (specify):
Physical damage to real property and improvements, resulting
in a reduction in the fair market value of the property in
the amount of $250, 000. 00, more or less.
;;e!is, sC:,cia i7 ini-e cGrr.:.'z'•. is w:*,ti;h iflc fU'ISC :ii.' Cr ttl:E cowl
=C!! L- 1; rtc C'` c� .. IC! S.. tE:.r_` a,- c fa' 's'.. c':'
(Municipa! ar.G .fuOice Court) i'.Ine ---._—.--
;� Ir, addition to the losses mentioned 1n paragraph F ,
for such ether and further relief as the Court might deem
proper, including but not limited to reasonable attorneys '
and expert witness costs, and all costs cf relocation and
revlacement of real and' personal proper-.y caused by the
losses alleged herein .
.i 7ne fc�uor..- C-F.JSE: o• a••.i_ crE cl.'c�llE= off- . �'.c:E"�f.'.._ E:-•',i c: 1: e_.r.
e•ref c: rrare ccuSEt c'e:. . of- ;
cs
I tr•lc 'T Cr!
`- One* nve:se cc,nu£ t_-1z i��u�s nce (Aai_.l Ze5) .
G. A. Alschuler
COh,F'��11.T— PPiF:,n.•': Injurt, i✓ro�F•r1� Da�,fpc , .
r W ronp!.I: Vui It: (Cant •lu(•= r
7 SHORT TITLE :-,DHN .3 . RODRIGUES, et al . ,;;"llaintiff s, CASE NUMBER:
vs. THE COU:.'=r.-Y OF CONTRA COSTA, et al '—defendants.
FIRST CAUSE OF ACTION--Inverse Condemnation Page 9 .
i
ATTACHN.ENT TO Complaint.
a
Plaintiffs are the owners of certain real property
t i
commonly- known as 23 Hall Drive in the City of Orinda , County of
Contra Costa , improved with a single family dv,,elling and
7
appurtenances thereto, including but:-not limited to driveways
and sidewalks. The real property is more fully described in the .
9 i
Official Records of the County of Contra Costa .
jo i Plaintiffs ' real property is on a hillside ; a public
road , kno;;•n as Hall Drive , runs adjacent to the downhill side
1` of plaintiffs ' real propert;' . The conception , design , construc-
1
t1 on , oDeratlCn , Maintenance and very existence of said ^ubllc
road have caused portions of .icalntlff s ' real vrcperts to slir",
,L
S-1 de a-'d £u:✓s_d,e , Ciamaeing the Eingle -I ami 2, d'^.ell Linc , ana
�n hazard of total ce_struc_icn.
l ; i plaintiffs vere unable to pay the cost of repair and
i reccr•Strurt_cn C,f the hillside in Crder to s-=%e the_r home frol:.
I
19 I
destruc__o - , and z ere f orced, to sell the hese and lar.c at a
20 red,•.ce" _ - _ce , a_I td, t:•:e'__ a- : n G=
rr_a_ritif= s have had to h1-e at-c= ej s , eT CTinEarS, and
`J 0ar 5 c re=uireC cr will ` e
as a rez'•:_t C. the CCre=C).`, nn' l `fe! r a— Ce C r`ir
_ _ i , G_ ..� _ G ..IG _ , G ..C_ .0 Lam'
25
I .,rpnr
the fcCtS alle•ued, herein Cerend'_=r.ts CO'7N:'1• OF
27 CON711R.: COs='., T??= C-2 Ty 0.T' OR_,:D: a^^. DOES 1 th J t—ve
exer cl sec co-;_: ion Grid Control over the vrCDerty and
1 SHORT TITLE: ,---.,JOHN J. 'RODRIGUES, et al .,,Plaintiffs, . CASE NUMBER:
.-vs. THE CO`s _.rY OF CONTRA CESTA, et al =Defendants.
FIRST CAUSE OF ACTION--Inverse Condemnation (Cont. ) ,. Page 5.
ATTACH=NT TO Complaint.
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5 improvements of plaintiffs, resulting in a direct and substantial
F !' environmental burden upon the plaintiffs, which they have been
7 singled out to suffer, and which proximately caused the damage
complained of .
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10 CAUSE OF ACTION 1 . 5--Inverse Condemnation.
1 The preceding allegations of this complaint are incor-
1= poratec herein by reference ; this cause of action number 1 . 5
13 aoainst defenuants COL?:TY OF CONTRA COSTA and CITE' OF ORINDA
1= states a sir,ilar inverse condennation claim acair.st them %.;ith
1 S regard to Keith . Drive in the Cit-. of Orimde. , t•:hereas the first
1i. cause o_ action refers to Hall Drive .
I For cause of action against said Defendants , plainti-
allece that a public road] }:^Oi•,'_ as Keith Drive ru-s i:' h4 ll c-
19 plaintiffs ' real property . O�her.,-ise, the allecatJLons o= t~:: -
20 ca,-,se of actio^ are the s .:,e .
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> SHORT TITLE: £'OHN J. ODRIGUE.S, et al . ,`=, 'laintiffs, CASE NUMBER:
c•s. THE COrsr TY OF CONTRA COSTA, et aVy 'Defendants.
SECOND CAUSE OF ACTION--Nuisance (Damages) Page 6 .
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ATTACHMENT TO Complaint.
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i Plaintiffs. alleoe aoainst defendants as follows :
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The allegations of the form complaint pages and the
first cause of action are incorporated herein by reference. j
. Plaintiffs further allege against all defendants herein, the
j following : Defendants Thiel and Fuh and
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those d efendahts fictitiously named as DOES 6 , through 20
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are owners of real property improved by means of development.
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including . installation. of roads and storm drainage s,,-stems, and
failure to install adequate storm drainage systems, most of
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but not all - said defenr2ants ' real property is imrroved
v. -h sincie fam:42y dveliina- and appurtenances thereto. When
ac. i. the 10E? =1t ti° Of the f1Ct1 t10:?E1\' r,amEC dEfEnQGntS 1s "
lb - -
UEtEr.minea , plaintifIFS wilI amen^ the com-nlaint to rrCperly .name
them,! and describe their real rronerty .
u.
The real prcnert-, C= s-iu riciieG GE Ei,Ga^.tS
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is Uphill .of the real mroDErty and iT^Drovements of Alaintiffs ,
anc, an sD::.c Cases- , ac_acenz ':.here-to, and zhaT: def-e :Ca^ts,
anc E cfl 'J_ Dhe ., _:aver cC. -_-::]E.^. to c_c -h-e_ , GirEC , Cn_=n.ne_ ,
` a:Celerate and GiSCharQE StCrm ad Dt^Er craiaaae upon the
�. £:._caze C•= the property Gr , a':G in_�o D::E prGpErCG1 L'iaLtip-S
b D:: D.^.E G_rO:iTIC,' iZ1 S::C -aE on as to Piave Ca:" , CC_'.t1::Ue
�S
,i.
L'S. t - 'y' -h :`' anA
-he 14 �rrE �__� ..a.�Je E rEc. � v.7Er .
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ir.r o v.e-r..e n s o: plainti=fs to sl��, slide and subside , and be
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othe_wise da-maced, SD 1n_'cres and cffe-CS the pla -Lntifts, and
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so obs- UCtS the fr2e US.' Ot tI:Ei_ LrOJertl' , 50 25 to i ,tCrrEre
_ ,� .5 Y.C1Ki •l.i.iL: `..�:Jt7.\' ►1 . 1tVL/tC1VULJ, t► G1 .'r!!'r14. uL1�L✓, �.ta:.a. ...........
vs. THE COUI. " -OF CONTRA COSTA, et al ,; ..-;�fendants.
SECOND CAUSE OF ACTION--Nuisance (Damages) (Cont. ) Pane 7 .
, ATTACHMENT TO Complaint.
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5 with the comfortable enjoyment of life and property, and, at the
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same time, affects or threatens to affect others in the neighbor
hood, all constituting a nuisance under the laws of the State
S of California .
9 WHEREFORE, plaintiffs seek a declaration that the
10acts, omissions and events alleged herein constitute a nuisance ,
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which nuisance has so diminished the fair market value of their
real property and improvements sn as . to require' sale at a much
dininished fair market value, all to the damage of plaintiffs
in the . ar:iount of $250 , 000 . 00 , z•lus such other and further relief
as the Court mici;t deem proper . including the reasonable fees
of attor,nevs, expert vitne£ses, and -L-he costs o= relocatio-n and
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�.� rev_ace-ment of real and personal property .
*Defendants JOHN A. T =-Z7., 1iF.5 . �07_� r. '_''r'__=L M':RC'US
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FL'.'. and MRS . I.I.-IRC CS F UH are 01; Ers G= real property irpro:'e^-
sinole family dwellings locates at 27 Feith DrJve , Clr_naa ,
`] anc 19 f;eit DriVE , 0rinca , respec-_-, ei} 117E "O ?==
co-.,cal}. cescribec are more _�i_y cesc_i_ed _n the -ec^_ct cl
the CO;;r,iv of Contra Costa .
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7 SHORT TITLE: 47-OHN J. RODRIGUES, et a1 . ,5 'laintiffs, CASE NUMBER:
• vs. THE COUi Y OF CONTRA COST., et al ,`4Lefendants.
THInV CAUSE OF ACTION--Negligence Against
1 Uphill Landowners and Developers. Page B .
4 ATTACHMENT TO Complaint.
5 The allegations of .the form complaint pages and
6 preceding causes of action are incorporated herein by reference. i
7 For causes of .action against defendant uphill landowners as
F previously identified, and against DOES 21 through 25 , who were
9 i. the developers and marketers of the developed and undeveloped
10 real property of DOES 6 through 20, and of any other real proper
II in the vicinity which may contribute to the circumstances allege.
12 of Which said developers might. still be o;;ne_s, or be leaally-
I ; liable for .
Ia Defendants named herein, and each of them, so negli-
IS cently acted or failed to act upon, beneath the surface of and
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res—,e=t totheir reel «ro?Erty' so as to prcx-5 Gately cause
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the danace to real ^_ooe_ty an,: im^rovementS of plain.t_r=S , as
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alleced herein, all to the plaintiffs as E-t =c_th _n
I9 the Graver of the com--faint and ,_re;iO�2s cc4se_a of action herec= .
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NUMBER:
I SHORT TITLE .JOHN J. RODRIGUES, et a1 .. -_..Plaintiffs, CASE
• - vs. THL CC;::Th OF CONTRA CESTA, et a1 ►`Defendants.
FOURTH CAUSE OF ACTION--Developers ' Liability
�.
Without Fault. Page 9.
4 ATTACHMENT TO Complaint.
5 For cause of action against fictitiously named defen-
6 dants DOES 21 through 25, plaintiffs allege :
7 The allegations of the form ccrnplaint pages and
g preceding causes of action are incorporated herein by reference ;
9 Defendants DOESyl through 25 o%..-:zed or otherv.ise
Io controlled real property uphill of the real property and improve- .
jj ments of plaintiffs, that they subdivided, planned and develop,
�? the same , and constructed thereon single family dwellings for
13 the purpose of marketing them, and did market and sell the same
ja to o,%:•ners thereof or said ot:•ners ' predecessors in interest.
15 That Com:ir" ^evelopers coro*r.itted various acts anu
cr;assa.ons in the develonment of the tract co=posed of the real
j7 property improvements of defendants uphill ian6,o-Y,'ners, inclil"ng,
but not limited to the failure to properly channel storm drainage
j9 in a I= si:1that l^Ol d riot d_=maoe the real property and ir'p"CvE-
7� ments of plaintiffs, and in fact, such dar:age was caused by SL2ch"
�j sto
- _ p Ccs, �_.~f- aie E_- , 1or v , ch ter:
�7 deve_Gz e E are ia='1e 4._Priv. 'au:- - ti
LirIOE� trlE 1@�'S G�
`h
= � _E State r
23 G_1 w h Len v e a r s rior io mne ^._ %rl-E C�i�_G_n�.
pia_^tiffs praIfar Ca. �ages ar... other rE_iE_
''S _as pre•, _ouEly pleaded here__
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