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HomeMy WebLinkAboutMINUTES - 12201983 - 1.22 AMENDED CLAIM BOATO OF S'IJPEftVI90FtS OF CCRM COSTA COU:TY, CALIFORNIA BOARD ACTION December 20, 1983 Claim Against the County, ) N= TO CLAItum Pouting Endorsements, and ) The copy of this document mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , Gnmrrment Code.) ) given pursuant to amerrment Code Sections 913 s 915.4. Please mote the "Warning" below. Claimant: Laurel R. Doty, 131 Mt. Kennedy Place, Martinez, CA 94553 ( 'and Attorney: Unborn Baby Doty) County Counsel Address: DEC 0 8 1983 - - Aneunt: $100 ,000. 00 Via County CounMselnez, CA 94553 By delivery to Clerk on 12/8/83 Date'Pieoeived: December 8 , 1983 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted Cla4fl �R&C�Al DATED: 12/8/83 J.R. MSSON, Clerk, By , Deputy iKoun II. FROM: County Counsel 70: Clerk of the Board of Supervisors (Check one only) (� ) This Claim =relies substantially with Sections 910 and 910.2. i���r<cs sti,s f-Q�ems/ ✓i� � �-,� &�81�a'3. ( ) 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. Board should reject claim on ground that it was filed� Ate. (5911.2)- Q-s fv ine✓ies SvsfX 17 e-d ®y;o / P DATED: JOHN B. CLAUSEN, County Counsel, By • qty III. BOARD By unanimous vote of Supervisors present ( This claim is rejected in full. eXee,,ol 142v- i/711vrIe-,i�,5u,514oirxd/�� This claim is rejected in full because it was not pr within the time allowed by law. &7' 1//7jUr/mss Sus i�r,�a��Or�O�^ �O 3' X3 I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED: DEC 200"0" J.R. MSSON, Clerk, by . P4 , Deputy WARN= (Gov't. C. 6913) Subject to certain exceptions, you have only six (6) months from the date this notice was persopally delivered or deposited in the mail to file-a court action on this claim. See CDrernment Code Section 945.6. You may seek the advice of any attorney of your choice in x1maction with this matter. If you want to consult an attorney, you should do so 4mned3ately. . FROM: Clerk of the Board TO: County Counsel# 2 County A&IdniiUaitor Attached are copies of the above Claim. We notified the claimant of the Board's action an this Claim by mailing a copy of this document, and a mono thereof has been filed and endorsed on the Board's copy of this Claim in accord;, with Section 29703. p 1 1 5 DATED: D E C 2 0 1983 J. R. (N,BSON, Clerk, by �� I �a�.c-ua Deputy Instructions to ClaimantVerk of the Board P.O.Box 911 `J M ninalCalitomla94553 Claims relating to causes of action for death or or injury to t.. r 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 off'-Uis form. �R*tlt�*•fA*•}rl1Rfl��R��lOtt*R*���!!*t!*!•to*!*•�t+R*tfttR!*!�*�+R��••t*t** RE: Claim by )Reser rk8a fil Ig stamps I L E D Against the COUNTY OF CONTRA COSTA) NOV !G 1983 J. R. OISSON or DISTRICT) CLERK BOARD OF SUPERVISORS CONTRA CO CO. (Filln name ) . e B . The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $_ too coo J= and in support of this claim represents as follows: I: Wien ala tfie damage or ive exact tate a;a fiourj 7L) :29) �3 `n�r����. SES �l, 19 2: where-ala-tFie-aamage or ;jury occur? Incluse city ann county CJ1 -------- ------ -------- - ------------ - --- - - -- -------------- 3. Bow id the amage or n ury occur? G ve IuII aetalls, use extra sheets if required) 6on5oZo .I1 wa+r-r enn�nn,i�al cj (; �J\c oat CM ylened%brom�� U� ���• P\O ► �hc��i�� w►`r1,a�1' rn .� O eon�e.n-t at 'i,a-ne o 001-) cQ pts on and c1 u� ��,�d of c�tial Qar tal c1e.�eto�rn¢��' Z. Nfiat particular act or oma:soon on tie. part o� county or alstz�ct officers, servants or employees caused the injury or damage? al V�� �t o'f � G' '� b.� �,Efe_�-ed l� 1e111 I �SQ-cl r�-celP� p +D 0a se bi deic (over) lab �. ....ate ora i6j= autumn o= county or mixtrlcz u==lcers, servants or employees causing the damage or injury? �: wFiat dama ur es do you cia�m reauItea? ZG�ve �uii-extent Qf injuries or damages claimed. Attach two estimates for auto damage) I PD�ni�al �i 1 �jE{�c (dS yet url�ort� ch\1 d -------------------------- ----- ----------- --- --- - --------- ---- --- 7. How was the amount clamed move computes? ZInc�use the estimated amount of any prospective injury or damage.) ---------- -- ------- - --------- -------------- ------------------ �: Names dna-addresses o� witnesses, soctors and hospitals. 3. List tfie expenditures you made on account of this accisent or �n�ury: DATE ITEM AMOUNT R!RlRRlRRR!!R!lRRR!!!!R!!!R!!!RR!!lRRRRR!lRRRRRlRlRRRRlRlR!!!!RR!lRRtRR!!* Govt. Code Sec. 910.2 provides : 'The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. ' Name and Address of Attorney ap� s ig re Address � 9�ss3 Telephone No. Telephone No. .!r.2c1- /� *l::!!lRRRRRRRRRRRRlRlR!!lRRR!lRRRRRRRRRRRRRRRRRRRR!!!RR!lRRRRRRRR:R!!!!!* VOTTI_ Section 72 of the Penal Code provides: 'Every person who, with intent to defraud. presents for allowance or for payment to any state board or officer;* or to any county, town,, city district, ward or village board or officer, authorized to allow or pay , the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony." 11.'7 GLAP"m Wu 11--vi evil#01 Instructions to ClaimantVerk of the Board P.O.Box 911 M rtinst Calltomla 94553 A. Claims relating to causes of action for death or or injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) 8. Claims must be filed with the Clerk of the board of Supervisors at its office in Room 106, County Administration building, 651 Pine Street, Kartinez, 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-tTiis form. R!!!R!!!!!R!!!!RlRR!!!!R!!R!!!!!!!!!!!!!!RR!!!!!!RR!!!!!!R!!R!!R!!RR!!!R RE: Claim by )Reserv&A fr%r-l"lark's filirig stamps I L E D Against the COUNTY OF CONTRA COSTA) NO /G 1983 J. R. OLSSON or DISTRICT) CLERK BOARD OF SUPERVISORS (Filln name B ) CONTRA CO C . The undersigned claimant hereby makes claim against the County of Contra Costa or the, above-named District in the sum of $ too, 000l!' and in support of this claim represents as follows: I. tdfien did tfie damage or In3ury occur? ZGive exact date and`fiourf 17 where d:d the damage or ;jury occur? ZInclude city and county Ke o o e.c�-,Dn v e-J Y,-�r+I ne z ---------------- --------- - ------------ -- - --- -------------- 3. Bow did the amage or In3ury occur? ZGlve Iuli`details, use extra sheets if required) OonsuM►'�� waif-,reonl�rv�►1�a1 c� (�+ �'�vat (�Yh ylerted+brom+ � a�� `'c>d�o�91�'Pho� 6j`JDot M� `hM000-) CoFt)orn id AUVW9 QCM4 Of e�fical Qar( �etai deue��rne��` . Z:"ivhnt paiticu'iar act o=-om�ss�on`ont�ie`paiL o�-county`or`distzlc`t"` officers, servants or employees caused, the injury or damage? Qm�Ca11� CD(��Mir\atlt\q LultNDJ�_ aau+SWl or, ivlr� e�� tit of `nom ole b� z,Efe_c�ed `1��� L'�1�111 i Ca vSQ'd rw Pe P 2j-e �'noL,,n -}v OaO se ba rn de. z c+s, (over) US �. v..•p%- maw zs&c &mamas v= County or ainzrlct o=Zlcers, servants or employees causing the damage or injury? �. wFiat damage or in3uries do you claim seauIted? ZGive �uiI extent Qf injuries or damages claimed. Attach two estimates for auto S 7. How was the amount claimed move computed? Tlnclude the estimated" amount of any prospective injury or damage.) ----------- -- ------- - -------- --------------- ----------------- i. Names and add=eases o� witnesses, doctors and hospitals. �. List tie expenditures you made on account of this accident or injury: DATE ITEM AMOUNT R««R««R!R«R«!RR!!««RR«R«R«RlRRlRRRRRR««RRRRRR«RR««R«lRRRR«RRRRR«!!R«RRRRR� Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. ' Name and Address of AttorneyG WAC 131 Claimant's s Sig re Address efx� 9�ss3 Telephone No. Telephone No. VOTICE section 72 of the penal Code provides: 'Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer;* or to any county, town, city district, ward or village board or officer, authorized to allow or pay , the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony." 1.19 • CLAIM BQAM OF b"A'BRVISORS OF OURM COSTh MUTTY, CkLIF EOMA BOAM ACTION December 20 . 1983 Claim Against the County, ) "M TO CLAI?Vyw Routing Endorsements, and ) The copy of this document mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors '(Paragraph III, below) , G74ernment Code.) ) given pursuant to Wverrment Code Sections 913 915.4. Please note the "Warning" below. Claimant: Rosalyn M. Fenton, 7901 Variel Avenue, Canoga Park, CA 91304 Attorney: County Counsel_ _ Address: NOV 21 1983 Amount: $1500. 00 By delivery to Clerje4net. CA 94553 Date'Received: November 17 , 1983 By mail, postmarked on 11/15/83 I. F7 M: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-notedClaim. DATM: 11/17/83 J.R. OS.SSONO Clerk, -YL7,L- Deputy Kelly R. Calhoun II. FROM: County Counsel 70: Clerk of the Board of Supervisors (Check one only) ( ) This Claim complies substantially with Sections 910 and 910.2. (X) This Claim FAILS to amply 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. Board should reject claim on ground that it was DA fi/led late. (5911.2) DATM: / /-Z i-/3 JOHNBe CEAUSEN, County COMWel, By 104q , Deputy III. B0AF0 CQiDE;Ft By unanimous vote of Supervisors pres (.XC ) This claim is rejected in full. ( ) This claim is rejected in full because it was rot presented within the time allowed by .law. I certify that this is a true and correct copy of the Board's Order entered ;,n its minutes for this date. DATID: •D E-(.' 2`,0 19$3 &EM J.R. OQ , Clerk, by . Deputy MNRN= (Gov't. C. 6913) Subject to certain vweptions, you Have only six (6) months from the date this notice was personally delivered 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 any attorney of your choice in cam=t:ion with this matter. If you want to consult an attorney, you should do so Immediately. PIM: Clerk o T0: County , 2 County ZMHFaitor Attached are copies of the above Claim. We notified the claimant of the Board's action an this Claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in acoordanoe with Section 29703. DATED: DEC 2 0 7983 J. R. MESONt Clerk, by Deputy 120 CLAIM TO: BOARD OF SUPERVISORS OF CONTRA CONFA, 09f6MKappiicationto: Instructions to ClaimantCterk of the Board F.O.Box 911 M rtine Catitomia 94553 A. Claims relating to causes of action for death or or njury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims_must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end or—Mis form. «««««««««««««««««««««««««««««««««««««««««««««««««««««««««««««««««««««««« RE: Claim by )Reserved for Clerk's filin stamps F I L F D Against the COUNTY OF CONTRA COSTA) NOV 17 1983 or DISTRICT) R. O ssov CLF,i�B RU Or ;:UPcRVISORS F n name y�C TRA COSTA CO. B fl..._:... Deputy The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 1,5—e> o and in support of this claim represents as follows: ------ ---- -------- - ------------ -----=-------- -- -- S.- When ���-the damage or �n3ury occur? ZGive exact date ani-�iourj-- ere did-thee damage or injury occur? ZlncSude city-ann county OtPJ,�.�L %X%�"l�- title Cds :+�Zt 3. How did the damage or 1n3ury occur? Give uIS details use extra sheets if required) e_,Op ),o e x &/net1 MTcular act or om�ss�on on tie art o count or aistr�ct officers, servants or employees caused the injury or damage? (over) 121 r. ....-_ _ - 4w..w. ..-...lpo %P-L wvu"zr or district otticers, servants or A ,. ,*,employees causing the damage or injury? �. W�iat damage or In urles ao you claim resulted?-"ZGive"�uII-extent Qf injuries or damages claimed. Attach two estimates for auto S ----------=--------------- --------------------- --------------- ---- -- 7. Bow was the amount clal:aed above computed? ZInclude the estimated amount of any -prospective injury or damage. ) ------------ ------------- --------- -------------- ----------------- 8. Names an addresses of witnesses, doctors and hospitals. �3. List tfie expenditures you made on account of this accident or injury: DATE ITEM AMOUNT ItRR#tt#tttttttltlt!lttt!!ttlt!!!!R#!tt!#!##!!t!!!!!t!##!#!###!!!!!!!!!!## Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. ' Name and Address of Attorney ��ss Claimant's Signature 77b/ A. arLfiv e— Aadress Telephone No. Telephone No. 2/3 - WZL L! 3 !tR#tRt#RtRtt#tttt#tttt#!#t##t#t#tt#ltltt!!ltttlRttt#!ltttlt!!ttlRRt!#t!## 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." t X22 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA C0Q-W, , CAL>FOR M BOARD ACTION December 20, 1983 Claim Against the County, ) NOTE ZO C LAIMAW Routing Endorsements, and ) The copy of this document mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , Government Code.) ) given pursuant to Government Code Sections 913 i 915.4. Please note the "Warning" below. Claimant: M. Patrice Bell, 10151 Larwin Avenue #4, Chatsworth, CA 9.1311 Attorney: County CounSd Address: NOV 211983 Amount: $100. 00 A 5553 By delivery to Clerk on Date Received: November 17 , 1983 By mail, postmarked on16/83 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim. DATED: 11/17/83 J.R. CQSSON, Clerk, By :1-tL, Deputy e y Calhoun II. FROM: County ODCuLsel TO: Clerk of the Board of Supervisors (Check one only) ( ) This Claim complies substantially with Sections 910 and 910.2. ( �) This Clain, 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. Board should reject claim on ground that it was filed late. (5911.2) DATED: - JOM B. CSAUM, County Q=zel, By . Deputy III. BOARD CFXM By unanimous vote of Supervisors present ( X) This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.DEC 2 G1983 J.R. MSSCN, clerk. by IL, WNW= (Gov't. C. S913) Subject to certain exceptions you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file-a court action an this claim. See Government Code Section 945.6. You may seek the advice of any-attorney of your choice in eoauection with this matter. If you want to consult an attorney, you should do so immediately. IV. FRCVS: Clerk of the Board 70: County Counsel,, 2 County A&dniiUaitor Attached are copies of the above Claim. We notified the claimant of the Board's action on this Claim by mailing a copy of this docasnent, and a MEL thereof has been filed and endorsed an the Board's copy of this . 2 Claim in aeoordanoe with Section 29703. DATED D t U ii I j 8 3 J. R. ClEr", Clerk, by Y I d�'( Deputy •CLAIM TO: BOARD OF SUPERVISORS OF CONTRA C%gLN r'Vappiication to: Instructions to ClaimantVerk of the Board s .O.Box 911 M rtinez,California 94553 A. Claims relating to causes of action for death or �or injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, 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 --laims 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 )ReseryCl&rklm f g stamps Fri LED Against the COUNTY OF CONTRA COSTA) Nov /71983 � �. or DISTRICT) CLERK t OFoLssoN SUPERVISORS 7 , (Filln name PWy ) a . The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $—L.06 and in support of this claim represents as follows: ------ -- - -------- - ---------- - ---------------- -- ---- I:' when dId tie damage or In�uiry occur? Give exact date and-fiourj '�:--wfiere d��-t�ie damage or Injury occur? ZIncYude city-snQ county�-- leY'm 1noU_ k�- cofck___ _ r ,0s �� V_K_ ___ ___ _ ____________ _ _ 3. How_ did the damage or in3ury occur? ZGive IuII detail"s, use extra sheets if required) , Yt KKOW-A C ^ktk NIA l v` ULt 4 i� o �) re Y o r �oa� U �. w�iat particular act or omission on tie part of county or aiatrict officers, servants or employees caused the injury or damage? (over) 124 5. What are the names of county or district officers, servants or erplcyees causing the damage or injury? • �. What damage or In3ur es do you claim resuI-tea? Z�ive-dull extent---- of injuries or damages claimed. Attach two estimates for auto damage) a a s ect- C4,44 41'.6,vrh eq ------------------------- ---------------------- ------------------ 7. How was the amount claimed above computed? ZInclude the estimate Zia--- amount of any prospective " injury or damage. ) ZoS5 oT V"2c. 3T1o^ "' f ecs 47' Ye5Dr-/ _ 4-1h s4 f'f eriK --------- ---------------k---------------------- --r--- ------------- me and addresses of witnesses, doctors and hospitals. bKIKs �O- 6 Z z � s e�i�ve c 18t 3 � Isca� St ..rn� . 73 ObS �c s►�, �" C � / 3 �.5 �. List tie expenditures you made on account of this accident or injury: DATE ITEM AMOUNT !!!R*RtRRRRRRlRRRRRRRRRfRRRRRRRRRlRlRRRlRlRRRRRRRR!RBBB#RRRRRRRRRRRlRRRRR* Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney 'Claimant's },nature _Add cess y13�� Telephone No. Telephone No. 13 2 R-3 !!!!!!!!!R!!!!!RR!!!!R!R!!!!R!lRRRRRlRRRRRRRRRRRlRRRRRRRRRRRRRR4R!lRRRRRRir 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." 125 1 CLAIM BOARD OF StJOF CON= COSTA COLE 'Y, CALIF OUA BU= ACTION Claim Against the County, ) Y= TO umn December 20,. 1983 CS Muting Endorsements, and ) Rhe copy of this document mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , . Government Code.) ) given pursuant to a vem ent Code Sections 913 915.4. Please note the "Warning" below. Claimant: Richard L. Bell, 10151 Larwin Avenue #4, Chatsworth, CA 91311 Attorney: • Cru<<ty Cou;lsJ Address: NOV 2 1 1983 AiCDuilt: $500. 00 .L,, . ' �,� -•, By delivery to Clerk on ,A �� Date'Reoeived: November 17 , 1983 By mail, postmarked on Y. FTM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted Claim. -0000, DATED: 11/17/83 J.R. OUSSON, Clerk, By , Deputy e Calhoun II. F CM: County Cb T0: Clerk of the Board of Supervisors (Check one only) ( ) This Claim complies substantially with Sections 910 and 910.2. (X ) This Clair, 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. Board should reject claim on ground that it was filed late. (S911.2) DATED: - JOHN B. CLAUSEN, County Counsel, BYJ, Deputy . III. BOARD BY unanurous vote of Supervisors present (')0 ) This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. p DATED: p F C ? o 1983 J.R. OQ.SSW. Clerk, by 1 ' �'l{Q/l c.�,<<,, . Deputy W R'NM (Gov't. C. 5913) Subject to certain exoeptions, you havoc only six (6) months frau the date this notice was personally delivered or deposited in the mail to file-a court action on this claim. See Government Code Section 945.6. You may awl the admoe of any attorney of your choice in oosnection with this matter. If you want to cozwalt an attorney, you should do so Immediately, IV. F CM: Clerk of the Board T0: County Counsel, 2 County AdWniiUaitor Attached are copies of the above Claim. We notified the claimant of the Board's action an this Claim by mailing a copy of this document, and a mem thereof has been filed and endorsed an the Board's copy of this Claim in accordance with Section 29703. DATED: ,:•-r, .- �' 1983 J. R. CIiS.SON Clerk# MI yam' Deputy 126 CLAIM, TO: BOARD OF SUPERVISORS OF CONTRA 0WAA99 4pplication to: Instructions to ClaimantVerk of the Board P.O.Box 911 M rtine Califomia 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims mutt be filed with the Clerk of the Board of Supervisors at its office in Room 1061 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 :laims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end oT- is form. RE: Claim by )Reserved for Clerk's filing stamps F I L Ew � . Against the COUNTY OF CONTRA COSTA) NOV 171983 or DISTRICT) J. R. QLz;:­ F n name ) CLERK oa,zo w: .�V�soRs J The undersigned claimant hereby makes claim against the CS3upty of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: -- --- -- -- --------- ---------- ---------------- -- --- I.- wfien ala tfie aamage or 1n3uiy occur? ZG1ve texfact date ani-fiourj- 5 -- --- — ------ --- -------------- --- anmage z n jury occur? ZInclude city and county- %- it Yn c H o u,S C o r r,` Cos�� c� v� -------------------------- ---------- 3. How did the damage orn3uzy occur? GiveuIS-detail's, use extra beets if required) Kyt o v='A c 0 ja- -A n GL 4 Y1 0 U-)k Z. i�fiat partcu�ar act or om�ss�on on the part o county or aistrlct officers, servants or employees caused the injury or damage? ?: (over) 127 S. What are the names of county or district officers, servants or .employees causing the damage or injury? . r wr www wwwwwwwww w ww www --..wwww w wwwwww �:" W�iat damage or �n3ur es cio you claim resuIte�?'"ZGive'l�ull"extent-'"' of injuries or damages claimed. Attach two estimates for auto damage) c art A !:--i;;--;as ww w ww ww ww w ..w w w ww w w ww w w w w w w-w w wwww w rw w w w w ww ww ww ww w w 7. Sow was the amount claimed above computed? Zlnclude the estimate amount of any prospective injury or damage. ) �e55 u) CL k 1. Names and address s of wi"tiesses, doctors and hospitals. Si ;VI,, SIM,- DATE IM,DATE ITEM AMOUNT Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney f ; a im S. Sign4ture O/ Telephone No. Telephone No. 3 70 2- Y-kG-3 !a_ 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, vouches, or writing, is guilty of a felony." 128 • CLAIM BOAFO OF CORS OF CORM COSTA COLZM, , CM FCFOaA WhM ACTION December 20, 1983 Claim Against the County, ) "M TO CGA2-9W Routing Endorsements, and ) The copy of this document mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , G viernment Code.) ) given pursuant to Oov xm ent Code Sections 913 a 915.4. Please note the "Warning" below. Claimant: Herbert C . Jenkins , 622 Hudspeth Avenue, Simi Valley,CA 93065 Attorney: County Counsel Address: N 0 V 2 1 1983 $1381. 25 Amount: By delivery to Clerk on artirez, CA 94553 Date,Received: November 17 , 1,983 By mail, postmarked on Not leg I. FRCM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-notedClaim. DATED: 11/17/83 J.R. O SSON, Clerk, By Deputy e y K. Galhoun II. FRM: County Counsel TO: Clerk of the Board of Supervisors (Check one only) (� ) This Claim omplies 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. Board should reject claim on ground that it was DAM: � filed late. (59932.2) � DATED: //�'0-/J-?/ MW JOH Be. �iYf SEN, CountyCDarisel, By . Deputy III. BOARD By unanimous vote of Supervisors present This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED: J.R. OQ.SSCN, Clerk, by P qnGl"• Deputy MATCUII3G (Gov't. C. 5913) Subject to certain emoeptions, you have only six (6) months from the date this notice was persopally delivered or deposited in the mail to file-a court action on this claim. See 07ftrrvent Code Section 945.6. You may seek the advice of any attorney of your choice in con:*ction with this matter. If you want to consult an attorney, you should do so Jmwdi•ately. IV. FTM: Clerk of the boud TO: County Counsel, 2 County AdainiiEaitor Attached are copies of the above Claim. We notified the claimant of the Board's action an this Claim by mailing a copy of this document, and a ms1 - thereof has been filed and endorsed an the Board's copy of this Claim in no,x- Rance with Section 29703. 1983 DATED: D E C 2 0 J. R. CLSSON, Clerk, by o Deputy 129 CLAIM TO:, BOARD OF SUPERVISORS OF CONTRA "Fkr �Vapplication to: ~ Instructions to ClaimantC!erk of the Board P.O.Box 911 A. Claims relating to causes of action for death orM ore njuryito b53 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 1061 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 zlaims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by )Reserved for Clerk's filing stamps ) ) Against the COUNTY OF CONTRA COSTA) NOV 17 1983 ) or DISTRICT) J R. OLSSON (Fill n name ) CLERK ARD F SUP"RVISO B T 9 -...De ut The undersigned claimant hereby makes claim against a Coun y ontra Costa or the above-named District in the sum of $ /A;¢ /, and in support of this claim represents as follows: r Wh;n did the damage or Inu�jY occur? ��Give exact to an hour] '27-RUN -th-damage or injury occur? nclude ty and county! ---------------------- --- ---------- --- - - ------------- 3. How did the amage or In3u ocur .7G1rve uIS ��ta I use e0ra sheets if required) GHQ �_ 4. What particu ar act or oma on on the part of county or district officers, servants or employees caused the injury or damage? •_ -� , (over) 1 Qn 5. What aro- the names of county or district officers, servants or employees causing the damage or injury? + H -- -- --------- — — --- --www-- — --rww�. w— --�. r-- — ------ •—�,— �:- wFat damage or In�ur es ao you claim resuIte3? ZGlve �ullwextent of injuries o� amages aimed Att ch two est mate for auto damage) G �.�-��: ��� csE���� � �. tZ.e-o/6-1� wwwwwwwwwwwwww..�y—wwwwww—wwww-- ww .�—w�.wwww w/�ww—..---�.--wwww—wwww w— An 7. How was the amount claimed a ov�m uteri? TInclude the estimate3 mount of apy prospect ve in or ' use ?�Q. sry 1�Gi U�� � J P 4�Z► .QtG���y c��z./�3��. ------- ----------------- �. Names an addresses of wit sses, doeto" is. 1.4i �. List tfie expenditures you made on account of th s accident or injury: DATE ITEM AMOUNT Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney �l C a "• an s Bignbture Ad r ss Telephone No. Telephone No. � ! iL�a Z 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." 131 CLAIM BOARD OF OF CMn?A COSTA CO ZMI , CAUFMO A BOARD AMON December 20, 1983 Claim Against the County, 70 CLAIMAW Routing Endorsements, and ) 7he copy of this document mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , Gvverzment Code.) ) given pursuant to Government Code Sections 913 i 915.4. Please note the "Warning" below. Claimant: Mabel Marie Jenkins , 622 Hudspeth Avenue, Simi Valley, CA 93065 Attorney: County Counsel Address: N O V 21 1983 Amount: $1312 . 50 By delivery to Clerk on'artin°Z, CA 94553 Date'Received: November 17 , 1983 By mail, postmarked on Not iegT= I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-notVCIlailm. - DATED: 11/17/83 J.R. GE. c=, Clerk, `� , Deputy CaInoun II. FP0M: County Umnsel TO: Clerk of the Board of Supervisors (Check one only) (� ) This Claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to Damply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 clays (Section 910.8) . ( ) Claim is not timely filed. Board should reject claim on ground that it was filed late. (§911.2) HATED: -2 JOHN B. CGAUSMN, County Counsel, By • Deputy III. BOARD By unanimous vote of Supervisors present (X) This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. c./,,1, HATED: DECJ.R. C SSON Clerk J`►'�•�, \ Deputy WARMn (Gov't. C. 5913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file-a court action an this claim. See Government ent Code Section 945.6. You rely seek the advice of any attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. Fel: Clerk of the Board TO: County Counsel, 2 County Adniniigaitor Attached are copies of the above Claim. We notified the claimant of the Board's action an this Claim by mailing a copy of this document, and a mem thereof has been filed and endorsed on the Board's copy of this 1,32 Claim is accordance with Section 29703. HATED;. DEC 2 ; 1,9>33 J. R. MSSM, Clerk, by G`'�`'"'DDeputy t CLAIM TO , ' BOARD OF SUPERVISORS OF CONTRA CCW*QXspplication to: Instructions to Ciaiman'tC!erk of the Board P.O.Box 911 a °A. Claims relating to causes of action for death orMfcreinjury to5� 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 rause 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 1061 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 Maims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. ARRRtRRtRRRRR�RRRRRRRRRRRRRRRRRRRRRRtRRRRRRRRRR*RRRRRRRRRRRRRRRRRRRRRRRR RE: ,Claim by r )Reserved for Clerk'sfilin stamps FI ) Against the COUNTY OF CONTRA COSTA) NOV 171983 P.. 'L" " or DISTRICT) CLERK ARL O:- SUP:RVISORS (Filln name ) ' A c°. B -put 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: ----- -- -- -- ------ - --------- ------- ------ --- ---- I. when dId tie ama a or ry occur? 7Give exact date and"fio rj Gj��c'�'�L' U��� �� /l� ��� �'LG-iii s���-!•� .�-� �,,p ,�1P, /Jrk3 -- �" --- - - 1- x-.�-.�_fir.,!___-- ---- �:--w�iere-dId t "-dam ge-or injury-occcur?;-Z -Iude city and county 3. How did the-damage orn�ury cc r? Give uII deter Is; use-extra-- . sheets if required) J. ,�0 0 0 0000000 0000000 000 0000000 T000 0x000 -What part cu ar t or omission on tie part county or district officers, servants or employees caused the injury or damage? (over) r 133 S. what are the names. of county or district officers, servants or etofoyees cauai�ag 4fie damage or injury? �: WFiat damage or �n3urles do you cialm resui"ted?"-ZG�ve"�u��"extent of injuries or .damage# cla d. Attach two estimates for auto damage) �eY/. 1. How was the amount claimed above computed? Include the estimate amount of any prospective injury or damage. ) 1. Names ;;a-; dresses of w7itnesses,-- aanu no ls. (��, �1- M2 �. Llst tie e L enditures you made on a count of th a acMident or injury: DATE ITEM AMOUNT .Ze Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney �__ - .�� C a s na ure L' 6- Ires S• � � � Telephone No. Telephone No. NOTICE Section 72 of the Penal Code provides: 'Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer;* or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony." 134 CLAIM BOARD OF SUF'ERVISOiR.S OF CM=h COSTA M.P.7rY, C?aZF WIA BOAM ACTION December 20, 1983 OT Claim Against the County, ) NTO CLA�� Routing Endorsements, and ) 7he copy of this document mailed you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , Gove mnt Code.) ) given pursuant to Government Code Sections 913 a 915.4. Please note the "turning" below. Claimant: Covenant riutual Insurance CO,P .O. Box 28525'- San Jose, CA 95159 Attorney: County Counsel Address: N O U 21 1983 Amount: $71, 500. 00 Majti!i�z, CA 94553 By delivery to Clerk on Date%Received: November 21, 1983 By mail, postmarked on 11/17/83 I. FROM: Clerk of the Board of Supervisors TO: County Oounsel Attached is a copy of the above-notedZ64 . DATED: 11/21/83 J.R. CI SSON, Clerk, By , Deputy a oun II. FROM: County Co TO: Clerk of the Board of Supervisors (Check one only) PN<') This Claim omplies subst=n�ly with Sections 910 and 910.2. ( ) This Claim FAILS to ==ply 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. Board should reject claim on ground that it was filed late. (5911.2) DATED: _74/-- z JOHN B. C VJ=, County Counsel, By . Deputy III. BOAM By unanurous vote of Supervisors preserit (X) This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's order entered in its minutes for this date. DATED. 2 1983 J.R. CSN, Clea, by y P'17Y , Deputy WARN= (Gov't. C. 5913) Subject to certain eaooeptiens, you have only six (6) months from the date this notice was persopa.11y delivered or deposited in the mail to file-a court action can this claim. See Governnent Code Section 945.6. You may seek the advice of any attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. IV. FRONT: Clerk of the Board TO: County Oxmsel,, 2 County AddniRiiior Attached are copies of the above Claim. we notified the claimant of the Board's action on this Claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's cqW of this 135 Claim in accordance with Section 29703. nA�: DEC 2 01983 J. R. MESON, Clerk, byy -CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions ::o Claimant A. dlaims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P.O. Box 911, Martinez, -CA) . C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public ent_ty, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Clerk' s filing stamps Covenant Mutual_ Insurance Co. ) F L E D Against the COUNTY OF CONTRA COSTA) "i 0 V 1983 or DISTRICT) J R. OLSSON CLER R F SUPERVISORS Fill in name) ) T���� B .. ......:...... ..........._.De u The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 71, 5 0. 00 and in support of this claim represents as follows: ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) March 18 , 1983, at 7 :45 A.M. --------T------------------------------------------------------------ 2 Where did the damage or injury occur? (Include city and county) 51 Rudgear Drive, Walnut Creek, California 94596 ------------------------------------------ ---- 3. How did the damage or injury occur? (Give full detalls, use extra sheets if required) Landslide ------------------------------------------------------------------------ 4 . What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? r Unknown at this time 136 (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? Unknown at this time ----Wh-a--d-ama-g-e--o-r--i-n-j-u-r-i-e-s--d-o--y-o-u--c-l-a-i-m--r-e-s-u-l-t-ed----(-G-i-v-e--f-u=ll-extent---- of injuries or damages claimed. Attach two estimates for auto damage) Damage to appurtenant structures and potential damage to insured 's dwelling -- - - ----------- -------------------------------------------------- 7.--H-ow- was--- - the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Policy limits -- --------------------------------------------------------------------- 8.--Names and addresses of witnesses, doctors and hospitals. Not applicable ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Information not available at this time ************************************************************************** Govt. Code Sec. 910.2 provides : "The claims ' e e claimant SEND NOTICES TO: (Attorney) or by so erp<his behalf. " Name and Address of Attorney �c1eoiahtl q' Signature Address Telephone No. Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is `guilty of a felony. " 137 • CLAIM BOAR) OF SUPBRVL90RS OF COtMZA COSTA COL"M Y, CAi�g"aMIA BOARD ACTION December 20, 1983 Claim Against the County, ) Al= TO CLAIMANT Pouting Endorsements, and ) The copy of this document mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , Government Code.) ) given pursuant to Government Code Sections 913 a 915.4. Please note the "Warning" below. Claimant: Century Homes Development Co. , Inc. , County Counsel Attorney: Martin, Ryan & Andrada NOV 21 1983 Ordway Building , Suite 785 Address: One Kaiser Plaza Martinez. CA 94553 - Oakland, CA 94612 Amount: - Unspecified By delivery to Clerk on Date'Pemived: November 21, 1983 By mail, postmarked on IT/19T97- 1. FPCM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted DATED: 11/21/83 J.R. CY.SSON g Clerk, By . Deputy Kell R. Calhoun II. F7l: County Co 70: Clerk of the Board of Supervisors (Check one only) (\ ) This Claim complies substantially with Sections 910 and 910.2. ( ) This Claim PAIIS 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. Board should reject claim on ground that it was filed late. (§911.2) DATED: /_ Z/- J0M B. C E AUSF1i1, County Counsel, By . Deputy III. BOAM OFXM By unanurous vote of Supervisors p t (� ) This claim is rejected in full. ( ) This claim is rejected in full because it was not presented, within the time allowed by law. I oertify that this is a true and correct copy of the Board's Carder entered in its minutes for this date. DAM: `;s S 3 J.R k .+Q cam.�� (Gtr-o R. CLSSCV, Cler , by . qty WARIlaG (Gov't. C. 5913) Subject to certain exceptions, you have only six (6) months from \the date this notice waa personally delivered or deposited in the mail to file'a court action can this claim. See Government Code Section 945.6. You may seek the advice of any attorney of your choice in connection ,this matter. If you want to consult an attorney,, you should do so •may T0: County , 2 County strator of the Board -pies of the above Claim. We notified the claimant of the 'this Claim by mailing a copy of this document, and a -n filed and endorsed can the Board's copy of this fkth Section 29703. 138 J. R. �.S�90N, Clerk, by �i_ Deputy r IF Ur E D CLAIM AGAINST THE COUNTY OF CONTRA COSTA N 0V x/1983 R. OLSSON CLERK ARD OF SUPERVISORS 4NTR� T CO. u CENTURY HOMES DEVELOPMENT CO. , INC. , presents a claim for indemnity against the COUNTY OF CONTRA COSTA CLAIMANT' S ADDRESS: c/o MARTIN, RYAN & ANDRADA A Professional Corporation Ordway Building, $uite 785 One Kaiser Plaza Oakland, CA 94612 DATE OF OCCURRENCE: September 16, 1983 (DATE OF SERVICE OF COMPLAINT ON PARTY MAKING CLAIM) PLACE OF OCCURRENCE: 943, 955, 989, 995, 981 and 975 Kelley Court Lafayette, CA 94549 SAID CLAIM ARISES FROM FOLLOTIING CIRCUMSTANCES: See attached copy of Complaint, Answer and Cross-complaint in Contra Costa County Superior Court Action No. 2513.59 .entitled Locklin, et al. v. City of Lafayette, et al. ITEMS, NATURE AND EXTENT OF DAMAGES OR INJURIES: Indemnity as more particularly set forth in attached documents. MARTIN, RYAN & ANDRADA A Professional Corporation By 0 EP D. RYAN 4" • Attorneys for CENTURY HOMES DEVELOPMENT CO. , INC. t_ 139 • U68/.,.:, -1 PHILIP L. PILLSBURY, JR. LS PILLSBURY & WILSON D 2 600 Montgomery St. , 44th Floor SEP 13 Ig83 San Francisco, CA 94111 3 Telephone: (415) 433-8000 .!. 1.. OLSSON, County Clierk (CONTRA COSTA COUNTY 4 Attorneys for Plaintiffs I'Y 1`:. Coker, Deputy HARRY LOCKLIN, LYNN WORTHINGTON, 5 SUSAN WORTHINGTON, AARON JOHNSON, CAROL JOHNSON, HAL MARSH, FRAM MARSH, 6 MAO LIN, DORIS LIN, ED DONNELL, EDE DONNELL, STANLEY L. SIZELER, M.D. , 7 CATHYANN L. SIZELER and GEORGE LATTER $ IN THE SUPERIOR COURT OF THE STATE OF CALIFRONIA 9 IN AND FOR THE COUNTY' OF CONTRA COSTA 10 HARRY LOCKLIN, LYNN WORTHINGTON, SUSAN ) WORTHINGTON, AARON JOHNSON, CAROL ) 11 JOHNSON, HAL MARSH, FRAN MARSH, ) 2 513 v 9 MAO LIN, DORIS LIN, ED DONNELL, ) No. 12 EDE DONNELL, STANLEY L. SIZELER, M.D. , ) CATHYANN L. SIZELER and .GEORGE LATTER, ) 13 ) Plaintiffs, ) C014PLAINT FOR -- 14 ) INVERSE CONDEMNATION; V. ) NUISANCE; NEGLIGENCE; 15 ) TRESPASS TO REAL CITY OF LAFAYETTE, COUNTY OF CONTRA ) PROPERTY; AND FOR 16 COSTA, CALIFORNIA DEPARTMENT OF TRANS- ) INJUNCTIVE RELIEF PORTATION, BAY AREA RAPID TRANSIT ) 17 DISTRICT, CENTURY HOMES DEVELOPMENT ) CO. , THE HAROLD SMITH CO. , INC.. , ) 18 DOES 1-50, ) 19 Defendants. ) 20 Plaintiffs allege: 21 GENERAL ALLEGATIONS 22 Plaintiffs 23 1 . Plaintiffs are homeowners in the City of Lafayette, 24 . County of Contra Costa, State of California, who reside at the 26 following addresses: 26 (A) HARRY LOCKLIN 956 Reliez Station Lane 27 P�J� Lafayette, CA 94549 28 i � 1 (B) LYNN & SUSAN 955 Kelley Court WORTHINGTON: Lafayette , CA 94549 2 v (C;) AARON & CAROL 989 Kelley Court JOHNSON: Lafayette , CA 94549 3 � y (D) HAL & FRAN 995 Kelley Court I6.1 1 MARSH: Lafayette , CA 94549 4 (E) MAO & DORIS 981 Kelley Court - LIN: Lafayette , CA 94549 5 (F) ED & EDE 975 Kelley Court DONNELL: Lafayette, ' CA 94549 6 hU (G) STANLEY L. SIZELER, M.D. 3172 Bradena Lane and CATHYANN L. Lafayette, CA 94549 SIZELER: 8 ✓ (H) GEORGE LATTER: 943 Kelley Court Lafayette, CA 94549 9 10 2 . At all material times herein, said homeowners 11 owned certain real property, situated adjacent to Reliez Creek in 12 the City of Lafayette. 13 _ Defendants 14 3. At all material times herein, the Defendant, CITY 15 OF LAFAYETTE, and DOES 1-5, were public entities within Contra 16 Costa County., State of California. 17 4 . At all material times herein, Defendant, CALIFORNIA 18 DEPARTMENT OF TRANSPORTATION, an agent of the Defendant, STATE OF 19 CALIFORNIA, COUNTY OF CONTRA COSTA, and DOES 6-10, were the 20 developers, designers,. builders, owners , and maintainers of State 21 Highway No. 24 , and Old Tunnel Road running in a generally 22 easterly and westerly direction through Contra Costa County, and 23 Pleasant Hill Road, running in a generally northerly and 24 southerly direction in Countra Costa County. 25 5. At all material times . herein, the COUNTY OF CONTRA 26 COSTA was and is a public entity which, Plaintiffs are informed 27 and believe, and thereon allege, was the predecessor in interest 2S to the CITY OF LAFAYETTE and DOES 1-5 with respect to the -2- 141 y 1 planning, development, construction, ownership, and maintenance 2 of that part of the CITY OF LAFAYETTE' S storm. drainage system 3 known as Reliez Creek. 4 6. At all material times herein, Defendant, BAY AREA 5RAPID TRANSIT DISTRICT, a governmental entity, and DOES 11-15, 6 otaned, constructed, designed, developed, and maintained a rapid 7 transit right of way running in an easterly and westerly 8 direction through Contra Costa County, State of California. 9 7. At all material times herein, CENTURY HOMES 1 DEVELOPMENT CO. , THE HAROLD SMITH CO. , INC, and DOES 16-25, were 1 the designers, developers, builders, and maintainers of certain 1 lots upon which Plaintiffs' homes are situated in the City of 1 Lafayette. 14 8. Plaintiffs have no knowledge of the true names of 15 DOES 1-50 and so make their claims against them using said 16 fictitious names. In the event that said identities are 17 discovered, Plaintiffs will amend this Complaint to assert, their 18 true names and identities, together with other appropriate 19 charging allegations. 20 9. At all material times herein, Plaintiffs are 21 informed and believe and thereon allege that all Defendants, 22 including DOE ,Defendants, were and are agents and employees of 23 each and every other Defendant, including DOE Defendants, and .24 that each was acting in the course and scope of its employment 26 and agency with every other Defendant, with respect to each of 26 the allegations in .this Complaint. 27 10. Within three. years last past, Plaintiffs, and each 28 of them, have experienced extensive landslide damage tc their -3- .x.42 1 land, particularly those portions of their land adjacent to 2 Defendants ' storm drainage system, which includes portions of- 3 Reliez Creek. Said extensive landslide damage has damaged their 4 real property, and has damaged, and threatens to further damage, 5 the structural integrity of their real property. 6 11 . At all material times herein, Defendants, and each 7 of them, have designed, developed, constructed and maintained a 8 storm drainage system in and about the City of Lafayette, which 9 system comprises pipelines, culverts , trenches, sewers, runouts, 10 and waterways, including those portions of Reliez Creek adjoining 11 Plaintiffs ' real property. 12 12. At all material times herein, Defendants, and each 13 of them, have failed to maintain their storm drain system so that 14 waters coursing through said drainage system have extensively 15 eroded Plaintiffs ' real .property, triggering landslides which 16 have damaged Plaintiffs' real property and which now threaten the 17 stability of the remaining portions of Plaintiffs ' real property. 18 13. At all material times herein, Defendants, and each 19 of them, designed said drainage system so as to use Reliez Creek 20 as part of the overall storm drainage system for Defendants, and 21 those portions of Highway 24 , Pleasant Hill Road & Old Tunnel 22 Road and the, Rapid Transit right of way within the Lafayette 23 watershed. The damage hereinabove set forth to Plaintiffs' real 24 property, by landslide, was proximately caused by the use of said 25 public improvement, namely, said storm drainage system. 2G 14. Said damages constituted actual physical injury to I 27 real property proximately caused by the improvement as 28 deliberately designed and constructed. -4- 143 f `1 15. At all material times herein, Plaintiffs have 2 suffered diminution in value in their real property in an amount 1' 3 to be shown at trial. 4 ` 16. At all material times herein, Defendants, CENTURY 5 HOMES DEVELOPMENT CO. , THE HAROLD SMITH. CO. , INC. , and DOES 6 16-25, constructed, prepared, designed, filled, compacted, and 7 otherwise altered and formed Plaintiffs' real property. g 17. Plaintiffs are informed and believe, and thereon 9 allege, that at all material times herein, said Defendants, 10 CENTURY HOMES DEVELOPMENT CO. , THE HAROLD SMITH CO. , INC. , and 11 DOES 16-25, failed to use reasonable care in the design, 12 construction, filling, compaction, alteration and forming of 13 Plaintiffs' real property, proximately contributing to the 14 landslides which now have damaged Plaintiffs' real property. 15 18 . At all material times herein, Plaintiffs are 16 informed and believe and thereon allege that Defendants, CITY OF 17 LAFAYETTE, and DOES '1-5, accepted .said improvements by 18 Defendants, CENTURY HOMES DEVELOPMENT CO. , THE HAROLD SMITH CO. , 19 INC. , and DOES 16-25, notwithstanding that said improvements were 20 improperly and negligently done, and, further, THE CITY OF 21 LAFAYETTE, and DOES 1-S accepted Reliez Creek as an easement and art of the Cit of Lafa ette' s storm drainage 5 I 22 P y stem. .Y 9 Y 23 19 . Plaintiffs have heretofore filed a claim against 24 the CITY OF LAFAYETTE and other Defendants for Inverse 25 Condemnation, for Negligence, for Nuisance, and for Trespass to 26 Real Property. Defendant, CITY OF LAFAYETTE and the other 27 Defendants hereinabove have failed and refused to honor those 28 claims heretofore filed by Plaintiffs, all to Plaintiffs' -s- _ x.44 continuing damage. 2 20. At all material times herein, . Plaintiffs, and each 3 of them, have petitioned and requested the appropriate public 4 authorities, including the Defendants named hereinabove, for appropriate relief , from the storm drainage system, which 6 continues to cause erosion F d thereby landslides on 7 Plaintiffs ' real property, thus causing them to be singled out to 8 carry the entire destructive burden of Defendants ' storm drainage g system. . 10 FIRST CAUSE OF ACTION - INVERSE CONDEMNATION AGAINST THE CITY OF LAFAYETTE; COUNTY OF CONTRA COSTA; THE BAY 11 AREA RAPID TRANSIT DISTRICT; THE STATE OF CALIFORNIA, .DEPARTMENT OF TRANSPORTATION, AND DOES 1-15. 12 13 21 . Plaintiffs reallege Paragraphs 1-20 of the General 14 Allegations and incorporate them by reference as though here 15 fully set forth. 16 22. At all material times herein, Plaintiffs, and each 17 of them, had a fee interest in their real property, as 18 hereinabove set forth. 19 23. At all material times .herein, the CITY OF 20 LAFAYETTE, and DOES 1-5, the COUNTY OF CONTRA COSTA, the 21 CALIFORNIA DEPARTMENT OF TRANSPORTATION, and DOES 6-10, and the 22 BAY AREA RAPID TRANSIT DISTRICT, and DOES 11-15, planned, I .23 designed, approved, constructed, owned, operated and maintained 24 for public use, a storm drainage system adjoining Plaintiffs' i 25 real property. 26 24. Plaintiffs' real property was taken or damaged, 27 thereby suffering diminution in value, by virtue of landslides 2� proximately caused by erosion, which resulted from said -6- .145 I Defendants ' use of their storm drainage system. 2 .25. Plaintiffs, and each of them, have suffered direct 3 and peculiar and substantial burden as a result of said 4 Defendants' activities with respect to their storm drainage 5 system, and have, in effect, been singled out to -suffer the 6 detrimental environmental effects of said Defendants ' said use of 7 its storm sewer and drainage system. 8 26. Defendants' use of their storm drainage system is 9 a "public use" within the meaning of Section 14 of the California 10 Constitution because it is a use which concerns the whole 11 community or promotes the general interest in its relation to any 12 legitimate object of government. 13 27. At all material times herein, Plaintiffs, and each 14 of them, have suffered damage to their real property, including 15 diminution in value, in an amount to be shown at trial. 16 28. At all material times herein, Plaintiffs, and each 17 of them, have paid reasonable attorneys fees to various 18 attorneys, including those now prosecuting this action , and 19 Plaintiffs are entitled to recovery of reasonable attorneys fees 20 arising out of this action, in an amount to be shown at trial. L1 WHEREFORE, Plaintiffs, and each of them, pray damages 22 against Defendants , and each of them, as hereinafter set forth. 23 SECOND CAUSE OF ACTION-NUISANCE (AGA.INST CITY OF LAFAYETTE, COUNTY OF CONTRA COSTA, BAY AREA 24 RAPID TRANSIT DISTRICT, AND THE CALIFORNIA DEPARTMENT OF -TRANSPORTATION, AND DOES 1-50) 25 26 29. Plaintiffs incorporate by reference Paragraphs 27 1-20 of the General Allegations and incorporate them by reference 28 as though here fully set forth. -7- 146 ll 30. At all material time's herein, Defendants, CITY OF 2 LAFAYETTE, the COUNTY OF CONTRA COSTA; BAY AREA RAPID TRANSIT 3 DISTRICT, and THE STATE OF CALIFORNIA, and DOES 1-15, maintained 4 a nuisance in the form of a storm drainage system which caused 5 such erosion to Plaintiffs' real property as to trigger 6 •landslides and otherwise destabilize Plaintiffs ' real property. 7 31 . Such construction, design, and maintenance of said .8 nuisance is ongoing and threatens to cause further landslides, g and to further destabilize Plaintiffs' real property. 10 32. Plaintiffs herein request that a permanent 11 injunction issue against Defendants and each of them at trial, 12 prohibiting them from continuing the nuisance, as aforesaid, 13 together with an award of damages for Plaintiffs' injury, 14 heretofore, as aforesaid. 15 WHEREFORE, Plaintiffs seek damages against said 16 Defendants, and each of them, as hereinafter fully set forth. 17 THIRD CAUSE OF ACTION - NEGLIGENCE (AGAINST ALL DEFENDANTS) 18 19 33. Plaintiffs reallege Paragraphs 1-20 of the General 20 Allegations herein as though here fully set forth. 21 34 . At all material .times herein, Defendants, and each 22 of them, were negligent in their construction, design, ownership, 23 maintenance, filling, compaction, and other use of the storm 24 drainage . system as aforesaid, which system included portions 25 adjacent to Plaintiffs' real property. 26 35. At all material times herein, Defendants, and each 27 of them, owed Plaintiffs a duty of care not to permit the said 28 storm drainage system to cause such erosion as to trigger -8- 14'7 r i landslides on Plaintiffs' land. 2 36. At all material times herein, Defendants, and each 3 of them, breached their duty to Plaintiffs by so negligently 4 constructing, designing, maintaining, owning, and using, said storm drainage _system, that said storm drainage system 6 proximately caused severe erosion to Plaintiffs' real property, 7 which triggered landslides and other damage on Plaintiffs' real 8 property, as aforesaid. g 37. Plaintiffs, and each -of them, have been damaged by 0 landslides, destabilization of land, and damage to structures , as 11 hereinabove set forth. 12 38. Plaintiffs, and each of them, have sustained 13 damage, including diminution in value, in an amount to be shown 14 at trial. 15 WHEREFORE, Plaintiffs, and each of them, pray damages 16 against Defendants, and each of them, as hereinafter set forth. 17 FOURTH CAUSE OF ACTION - NEGLIGENCE (AGAINST DEFENDANT CENTURY HOMES DEVELOPMENT CO. , THE HAROLD 18 SMITH CO. , INC. AND DOES. 16-25) 19 39. Plaintiffs, and each of them, reallege the 20 Paragraphs 1-20 of the General Allegations herein and incorporate 21 them by reference as though here fully set forth. 22 40. At all material times herein, Defendant, CENTURY 2.3 HOMES, INC. , and DOES 16-25, were land developers . and subdividers 4 who constructed, designed, planned, built, maintained, . compacted, 25 filled, altered, and formed Plaintiffs' real property. _ 26 41. At all material times herein, Defendants, and each, 27 of them, were charged with the constructing, designing, planning, _ 28 building, maintaining, compacting, filling, and otherwise -9- 148 1 preparing certain portions of Defendants' storm drainage system 2 situated in Reliez Creek in such a way that storm waters would 3 not erode and destabilize Plaintiffs' real property. 4 42. At all material times herein, Defendants, and each 5 of them, so negligently constructed, designed, planned, built, 6 maintained, compacted, filled, altered, and otherwise prepared, 7 Plaintiffs' real property that Plaintiffs' real property was 8 unable to withstand erosion from the storm drainage system as 9 aforesaid, causing landslides and destabilization of the 10 Plaintiffs' real property. 11 43. At all material times herein, said damage to 12 Plaintiffs' real property was foreseeable to Defendants, 13 including CENTURY HOMES DEVELOPMENT CO. , THE HAROLD SMITH CO. , 14 INC. and DOES 16-25, in that they knew, or in the exercise of 15 reasonable care should have known, that the failure to properly 16 construct, design, build, plan, maintain, compact, fill, alter, 17 and otherwise prepare the portion of the storm drainage system in 18 Reliez Creek adjacent to Plaintiffs' real property that erosion 19 and destabilization would occur. to Plaintiffs ' real property. 20 44 . At all material times herein, said landslides and 21 land destabilization did occur, proximately caused by the 22 negligence of Defendants, and each of them, as hereinabove set 23 forth, and Plaintiffs, and each of them, were thereby damaged. . 24 45. Plaintiffs have suffered diminution in value and 25 other damage to their real property in an amount to be shown at 26 trial. 27 28 149 -10- ' 1 FIFTH CAUSE OF ACTION- TRESPASS TO REAL PROPERTY (AGAINST ALL DEFENDANTS) 2 3 46. Plaintiffs, and each of them, reallege Paragraphs { 4 1-20 of 4he _.General Allegations herein and incorporate them by 5 reference as though here fully set forth. I I; 6 47. At, all material times herein, Defendants , and each j 7 of them, interfered with Plaintiffs ' possession of their real f .8 property by intentionally and recklessly permitting and causing 9 the storm drainage system to deteriorate, as aforesaid, causing 10 erosion resulting in landslides and land destabilization of 11 Plaintiffs' real property, as aforesaid. 12 48. By virtue of Defendants ' intentional conduct, 13 Plaintiffs, and-each of them, are entitled to an award of 14 exemplary damages against each and every Defendant against whom i 15 an award of exemplary damages may lie, for such intentional and 16 reckless conduct. 17 WHEREFORE; Plaintiffs, and each of them, seek judgment 18 of Defendants, and each of them, as follows: 19 FOR THE FIRST CAUSE OF. ACTION 20 1 . For compensatory damages according to proof at 21 trial; - i 22 2. For reasonable attorneys fees in .an amount_ to .be i 23 shown at trial; 24 .3. For costs; and 25 4 . For such other and further relief as the Court may I 26 find appropriate. 27 FOR THE SECOND CAUSE OF ACTION 28 1. For an Order permanently enjoining the continuation 1 -11- 15-0 _. ' I of Defendants ' use of the storm drainage system in such a way as 2 to cause landslides, land destabilization,• and other damages on 3 Plaintiffs ' real property; 4 , 2. For,. compensatory damages according to proof at r. 5 trial; 6 3. For costs; and 7 4 . For such other and further relief as the Court may 8 find appropriate. 9 FOR THE THIRD CAUSE OF ACTION 10 1 . For compensatory damages according to proof at 11 trial; 12 2. For costs; and 13 3 . For such other and further relief as the Court may .14 find appropriate. 15 FOR THE FOURTH CAUSE OF ACTION 16 1 . For compensatory damages according to proof at 17 trial; 18 2. For costs; and 19 3 . For such other and further relief as the Court may 20 find appropriate. FOR THE FIFTH CAUSE OF ACTION 21 I 22 1.. : For compensatory damages according to proof at I 23 trial; 24 2. For exemplary damages according to proof. at trial, 25 only as to those Defendants against whom an award of exemplary 26 damages will lie; 27 3.. For costs; and 23 !/ -12- 151 I '1 4 . For such other and further relief as the Court may 2 find appropriate. 3 Dated: September 8 , 1983 4 PILLSBURY & WILSON 6 Phil-i -i,. Pillsbury, Jr. 7 Attorneys for Plaintiffs 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 - I 24 25 26 27 28 -13- 152 1 VERIFICATION (CCP 5 446 , 2015. 5) 2 3 I declare that: 4 5 I am the Plaintiff 6 in the above- 7 entitled action; 8 I have read the foregoing COMPLAINT FOR INVERSE 9 CONDEMNATION; NUISANCE; NEGLIGENCE; ' TRESPASS TO REAL PROPERTY; AND FOR INJUNCTIVE RELIEF 10 and know the contents thereof; the same is true of my own 11 knowledge, except as to those matters which are therein stated 12 upon my information or belief, and as to those matters .1 believe 13 it to be true. 14 I declare under penalty of perjury, under the laws of 15 the State. of California, that the foregoing is true and correct. 16 17 Executed on September 8 1983, at 18 San Francisco California. 19 20Ile / 21 22 7 23 24 25 :26 27 28 153 I MARTIN, RYAN & ANDRADA A Professional Corporation 2 Ordway Building, Suite 785 One Kaiser Plaza 3 Oakland; CA 94612 4 (415) 763-6510 - Attorneys for Defendant CENTURY HOMES 5 DEVELOPMENT CO. , INC. 6 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA 9 HARRY LOCKLIN, et al. , 10 Plaintiffs, NO. 251359 11 V. ANSWER TO COMPLAINT. 12 CITY OF LAFAYETTE, et Al. , 13 Defendants. 14 15 16 1. COMES NOW defendant CENTURY HOMES DEVELOPMENT CO. , INC. , 17 and in answer to the general allegations in Plaintiffs ' Complaint, 18 denies. Paragraphs 7 , 9-18 and .20 and states that it is without 19 information and belief as to the allegations of Paragraph 8 and 20 denies that paragraph on that basis. 21 2. In response to the allegations of the third cause of 22 action, denies Paragraphs 34 through 38 . �3 3. In. answer to the allegations of the fourth cause of 24 action, denies Paragraphs 40 through 45 . 25 4. In answer to the allegations of the fifth cause of 26 action, denies Paragraphs 47 and 48 : LAW OFFICES OF MARTIN, RYAN & ANDRADA 4 154 py✓� �q A PROFESSIONAL COq•OPAIION 1 a ' IRDWAY BUILDING.SUITE 785 .` V A ONE KAISER PLAZA .AKLAND.CALIFORNIA 84012 AREA CODE(415)780.8510 ' I AS AND FOR A FIRST, SEPARATE, AND DISTINCT ANSWER .AND 2 AFFIRMATIVE DEFENSE TO THE COMPLAINT ON FILE HEREIN, THIS 3 ANSWERING DEFENDANT ALLEGES: 4 That plaintiffs were themselves negligent, and their 5 negligence bars or diminishes their right of recovery. 6 AS AND FOR A SECOND, SEPARATE, AND DISTINCT A,dSTIER AND 7 AFFIRbIATIVE DEFENSE TO THE COMPLAINT ON FILE HEREIN, THIS 8 ANSWERING DEFENDANT ALLEGES : 9 That said Complaint, and each cause of action contained 10 therein, is barred by reason of the statute of limitations , and 11 specifically C.C.P. §§ 337 . 1 and 338 . . 12 WHEREFORE; this answering defendant prays judgment that 13 plaintiffs take nothing by reason of their complaint on file herei , 14 that this answering defendant be hence dismissed with its costs of 15 suit herein incurred and for such other and further relief as .16 the Court may deem just and proper. 17 DATED: November 14 , 1983. 18 19 MARTIN, RYAN & ANDRADA A Professional Corporation 20 21 By 22 JOSEPH D. RYAN 23 24 25 26 -2- LAW OFFICES OF MARTIN, RYAN & ANDRADA A FROFESSIONU CORVORA1IpN 1OWAY BUILDING,SUITE T85 ONE KAISER PLAZA -AKLAND.CALIFORNIA"812155 _ An EA CODE(A 15)763-0510 1 r ; 2 I. i I I declare under len �J_ty o }perjury: I , •} That _' ern ern attorne}% at law duly ac]ru.tted and Licensed to practice in the Slate of Califoruia JM0. 1 have my professional 6 office at One Pai.ser Tllaz�i , Sui_t,e 785 , Cal,land, Cal i.fo:rni.a. 7 I am one of the attorneys of record for defendant in 8 the above entitled matter. Said deEendant (s) i:4/arc ahserit from the county i -- 11) ij which I have any office and for that reason , 1. am w 11:.i.n(1 tl,i.s 11 li verification on its/their behalf-. 12 I have read the foreioin(l ANSWER TO COMPLAINT li and }:nova Lhc con tent:; thereof. :I am in f(�r..r e l nn(1 I,eJ 7 c`.%r l.ha t it 15 jl the matters stat--el therein Mire Lruc rncl , on LI)at I IG 11 allele that Lhe watters therein are Lrue . 17 'I II Exocutecl this _ l4thcl ry' c>f November1911'3 at 1g i Oa}:lane, Cali,=orn:ia . - - -------------- --- - 19 I 20 21 JOSEPH D. RYAN 22 !I .3 II 21 25 6 1 l.A IN, ADA 156 NDRl�Dn �I -3- •ND.CALIF()fINIA gnfli � rl i GEORGIA LEE, certify that l am over the Acte or- 2 r2 18 years and not a party to the within action ; that my business 3 address is : Onw Kaiser Plaza , Suite 785 , Oakland , California 4 94612.; that on November 14 , 1983 I placed a g true copy of the foregoing document (s ) entitled : 6 ANSWER TO COMPLAINT 7 8 9 10 in an envelope, and caused it to be sealed and deposited in the 11 United States mail at Oakland , California , with postage fully 12 prepaid thereon, addressed in the manner set forth below: 13 PHILIP L. PILLSBURY, JR. PILLSBURY & .WILSON 14 600 Montgomery St. , 44th Floor San Francisco, CA 94111 15 16 17 18 19 20 21 22 I 'declare under penalty of perjury that the foregoing , . 23 is true and correct. 24 Executed on November 14 , 1983 at 25 Oakland, California . 26 s' GEORGIQEE l•W 0++IC15 O+ ',RTIN, RYAN ANDRADA •esf•o.•I eo•ro..no. _ ••RU1�ONO.�U+C +es "IT..wt.CF—CH L '• '/D,CAIIfOAN1A 94612 - Cwt NMI+11X IISIO ' 1. I MARTIN, RYAN & ANDRADA A Professional Corporation 2 Ordway Building, Suite 785 One Kaiser Plaza 3 Oakland, CA - 94612 (415) 763-6510 4 Attorneys for Defendant and 5 Cross-complainant CENTURY HOMES DEVELOPMENT CO. , INC. 6 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA 9 HARRY LOCKLIN, et al. , 10 Plaintiffs, 11 V. NO. 251359 12 CITY OF LAFAYETTE, et al. , 13 CROSS-COPIPLAINT Defendants. FOR INDEMNI'.T'Y 14 / 15 CENTURY HOMES DEVELOPMENT CO. , INC. , 16 Cross-complainant, 17 V. 18 CITY OF LAFAYETTE, COUNTY OF 19 CONTRA COSTA, CALIFORNIA DEPARTMENT OF TRANSPORTATION, 20 BAY AREA RAPID TRANSIT DISTRICT, E14GEO INCORPORATED, PETER COLE 21 JENSEN, INC. , and DOES 1 through 50, 22 Cross-defendants. 23 / 24 COMES NOW Cross-complainant CENTURY HOMES. DEVELOPMENT 25 CO. , INC. ,. and cross-complains against cross-defendants , and 26 each of .them, and for a. -cause of action alleges as follows: LAW OFFICES OF MARTIN, RYAN {� & ANDRADA 8 A?OFESSIONAL COR"AIION ':1DWAY BUILDING.SUITE 785 ONE KAISER PLAZA "KI_AND.CAI IFnRNI.94612 L 1 I ' 2 Without admitting the truth of the allegations therein, 3 Cross-complainant incorporates by reference the plaintiffs' 4 complaint. Cross-complainant was served with plaintiffs ' 5 complaint within the past 100 days and simultaneous with the 6 service of this Cross-complaint has served a claim against the 7 City of Lafayette, the County. of Contra Costa, the California 8 Department of Transportation, and the Bay. Area Rapid Transit 9 District. Cross-complainant seeks leave of court to amend its 10 cross-complaint to show denial or denial by operation of . law 11 of those claims. 12 II 13 The. City of Lafayette, County of Contra Costa, California 14 Department of Transportation, Bay Area Rapid Transit District 15 and Does 1 and 2 are public entities or other Governmental bodies 16 who have used the watercourse spoken of in plaintiffs '. .complaint 17 and who, by their acts and omissions, have altered the watercourse 18 and have overburdened it, proximately resulting in the damage 19 of which the plaintiffs complain. 20 III 21 Does 3 through 30 are owners of properties on or 22 near the watercourse spoken .of in plaintiffs ' complaint and by 23 their acts have altered the watercourse and overburdened. it, 24 proximately resulting in the damage of which the plaintiffs 25 complain, 26 LAW OFFICES OF - -2- MARTIN, 2MARTIN, RYAN 6 ANDRADA 159 AMMSSIONAL C0"ATION . ?RDWAY BUILDING.SUITE 785 ONE KAISER PLAZA IAKLAND.CALIFORNIA 94812 - i 1 IV 2 Cross-defendants. ENGEO INCORPORATED and DOES 31 through 3 35 are engineering and design professionals who advised Cross- 4 complainant with regard to the suitability of certain lots and 5 • other areas for development of residences. These cross-defendants 6 also furnished design services and consultations with respect to 7 the construction of certain lots and residences. . While Cross- 8 complainant denies that there is anything wrong with either the 9 lots or the residences, and contends that plaintiffs have 10 suffered no damages, Cross-complainant does nevertheless contend 11 that if plaintiffs have .been damaged by reason .of any deficiency 12 in the lots or improvements, on or appurtenant to the lots, it 13 is as a proximate result of the negligence of these cross- 14 defendants. .15 V. 16 PETER COLE JENSEN and DOES 36 through 50 are contractors 17 who performed certain grading, storm sewer and underground 18 construction work on and appurtenant to certain of the residences 19 set forth in plaintiffs.' complaint. while expressly denying" 20 that there is any defect or deficiency in the residence, lots or 21 appurtenant structures, Cross-complainant contends that if such 22 should be found to be the case, such defects or deficiencies and 23 all damages proximately resulting therefrom would be as a 24 proximate result of these cross-defendants ' negligence. 25 V1 26 An actual and present controversy exists between LAW OFFICES OF MARTIN, RYAN 6 ANDRADA -3- A R7OFESSIONAL CORPORAT" +T+OWAV BUILDING.SUITE]BS , J ONE KAISER PLAZA 1g AKLAND.CALIFORNIA 94612 AREA CODE(1 T5))63.6510 ' a ` •e 1 h 1 Cross-complainant and Cross-defendants , and unless all claims 2 . and liabilities are adjudicated in this one action, Cross- 3 complainant will be subjected to unreasonable burden and the 4 possibility of inconsistent findings. Should it be determined 5 that Cross-complainant is liable to plaintiffs, Cross-complainant 6 contends that such liability will be at least in part due to the 7 negligence or other culpable acts of cross-defendants, and in 8 such event prays for judgment against each such cross-defendant 9 for their proportionate share, Alternatively, Cross-complainant 10 contends that should it be held liable to plaintiffs , such 11 liability will be solely as a result of the negligence or 12 culpability of cross-defendants. In this latter event, and 13 intending service of. this Cross-complaint to be notice pursuant 14 to C.C.P. §1021. 6, Cross-complainant alleges that it is entitled 15 to recovery of costs and attorneys ' fees. 16 WHEREFORE, Cross-complainant ,prays judgment in its favor 17 and against cross-defendants for all or a portion of such damages 18 for which it may be held liable to plaintiffs, costs and attorneys ' 19 fees. 20 DATED: November 14 , 1983 . 21 22 MARTIN, RYAN & ANDRADA A Professional Corporation 23 7 24 By 25 JOSEPH D. RYAN 26 LAW OFFI&S OF —4— MARTIN, RYAN 6 ANDRADA A MOFE551ONAL COPPMATaN '•RDWAV BUILDING.SUITE 785 ONE KAISER PLAZA `, \ 6, ,AKLAND.CALIFORNIA 94612 AREA CODE(A 15)M-6510 - 1 I , GEORGIA LEE, certify that 1. gun over the age of 2 18 years and not a party to the within action ; thit my business 3 addressis : One-- Kaiser Plaza, Suite' 785, Oakland , California 4 94612; that on November 14 , 1983 I placed a 5 true copy of the foregoing document (s ) entitled : 6 CROSS-COMPLAINT FOR INDEMNITY 7 8 9 10 in an envelope, and caused it to be sealed and deposited in the 11 United States mail at Oakland, California , with postac}e fully 12 prepaid thereon, addressed in the manner set forth below: 13 PHILIP L. PILLSBURY, JR. PILLSBURY & WILSON 14 600 Montgomery St. , 44th Floor San Francisco, CA 94111 95 16 17 18 19 20 21 22 I 'declare under penalty of per.-jury thLit -the foregoing �3 is true and c6rrect. 24 Executed on November 14 19'83 at 25 Oakland, California . 26Z-_n GEORGIA LEP LAW O•.tGfS Or . \RTIN, RYAN ANDRAOA •EUMCINO.Su"r. fee NO,CAYMAN1A 94692 •tont f•H1 s.,%l'o CLAIM BOARD OF SCTPERVI90RS OF CRn1RA CO TA COU:TY, CAIMO M BM3RD ACTION December 20, 1983 Claim Against the County, '` ) WrE Ta Cum= Pouting Ehdorserents, and ) The copy of this document maiI ed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , Daverrnnent Code.) ) given pursuant to mverrment Code Sections 913 i 915.4. Please note the "Warning" below. Claimant: East Bay Municipal Utility District County Counsel Attorney: George W. Pfeiffer NOV 21 1983 Stoddard, Lepper & Falco Address: 1601 North California Boulevard Mal#inet. CA 94T553 Walnut Creek, CA 94596 Amount: Unspecified By delivery to Clerk on Date•:g*Mived JTovemb er 21, 1983 By mail, postmarked on �IT I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim. DATED: 11/21/83 3,g; aL&SM, Clerk, , Deputy H. Calnoun II. FROr'i: County Counsel 70: Clerk of the Board of Supervisors (Check one only) This Claim =rplies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.6) . ( ) Claim is not timely filed. Board should reject claim on ground that it was filed late. (5911.2) DATED: 4--Zl-L.1 JOHN B. CLAUSEnt, Comity Counsel, By . Deputy III. BQAFo OROPR By unanunous vote of Supervisors p t (X ) This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct of the Board's Order entered in its minutes for this date. DATED: DE('4 o J.R. CLSSON, Clerk, by �� , Deputy VhTtTII3G (Gov't. C. 5913) Subject to certain exceptions, you have only six (6) months from the date this notice was persopally delivered or deposited in the mail to file-a court action: on this claim. See Goverment Code Section 945.6. You may seek the advice of any attorney of your choice in anumction with this matter. If you want to consult an attorney, you should do so nt ediately. FROM: Clerk of the Board 70: ) County Counsel# 2 County AdminiiUaitor Attached are copies of the above Claim. We notified the claimant of the 163 Board's action car this Claim by mailing a copy of this document, and a mems thereof bas been filed and endorsed on the Board's copy of this Claim in accordance with Sections 29703. DATED: DEC. o 19 P 3 J. R. M.SSON, Mork, by Deputy I LED D.;1LE: November 17 , 1983 NQ'!,,�?/19R3' TO: Board of Supervisors Contra Costa County J• • oLSSON 651 Pine Street LCLERK R[ UPERVISORS :,Er Martinez , California 94553 SUBJECT: CLAIM FOR INDEMNITY AND CONTRIBUTION Pursuant to §§ 900 et seq. of the California Government Code , PLEASE TAKE NOTICE that a claim for indemnity and contribution is hereby made by the RAST BAY MUNICIPAL UTIT.I`.CY DISTRICT against CONTRA COSTA COUNTY . CLAIMANT: EAST BAY MUNICIPAL UTILITY DISTRICT NOTICES: Notices are to be sent to GEORGE W. PFEIFFER, Stoddard, Lepper & Falco , 1601 North California Boulevard, Walnut Creek, California 94596. OCCURRENCE GIVING RISE TO CLAIM: ANTONIO and DOROTHY SCARDINA are the owners of real property located at 3356 Hillcrest Road, El Sobrante, California. In a Complaint filed September 29 , 1983 (a cony is attached) , plaintiffs allege subsidence of their residence has occurred , resulting in cracking and undermining of their driveway and residence. They further allege that the subsidence and loss of adjacent support was due to a slide which occurred on the neighboring property. IDENTITY OF PUBLIC EMPLOYEES: At this time, the EAST BAY MUNICIPAL UTILITY DISTRICT does not know the name (s) of the public employee (s) causing the damage. 164 y ) DAMAGES/INJURIES: Plaintiffs allege that the landslide caused swale, dirt and debris to flow from the Hillcrest Baptist Church ' s premises onto their property. The landslide also caused the loss of adjacent support on plaintiffs ' property. They also allege that they have suffered severe emotional stress , annoyance , inconvenience , and loss of employment. In addition to the personal and property damage , plaintiffs seek to recover reasonable attorneys ' fees . EAST BAY MUNICIPAL. UTILITY DISTRICT seeks indemnity and contribution from the COUNTY OF CONTRA COSTA. DATED: November 17 , 1983 . STODDARD , LEPPER & FALCO GEO W. PFEIFFER At or eys for Claimant EA T AY MUNICIPAL UTILITY DIS CT 165 -2- ROBERT C. FIELD, ESQ. SEP 291983 STARK, STEWART, WELLS & ROBINSON 2 Citicorp Savings Plaza J. R. OLSSON, Couii Clerk 180 Grand Avenue, Suite 1400 CONTRA COSTA C�UNTY 3 Oakland, CA 94612 By P. Fitch, Deputy 4 Telephone: (415) 834-2200 Attorneys for Antonio Scardina b and Dorothy Scardina, Plaintiffs 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF CONTRA COSTA 10 ANTONIO SCARDINA and ) 11 DOROTHY SCARDINA, ) NO. 246086 ) 12 Plaintiffs, ) ) 13 vs. ) 14 HILLCREST BAPTIST CHURCH, ) AMENDED COMPLAINT COUNTY OF CONTRA COSTA and ) FOR DAMAGES TO PROPERTY, 15 its BOARD OF SUPERVISORS, ) EMOTIONAL DISTRESS AND CITY OF RICHMOND and its ) PUNITIVE DAMAGES 16 COUNCIL; EAST BAY MUNICIPAL ) UTILITY DISTRICT and its ) 17 BOARD OF DIRECTORS, THE BOARD ) OF SUPERVISORS OF THE COUNTY ) 18 OF CONTRA COSTA, ex officio, ) 19 and DOES 1 through 100, ) inclusive, ) 20 Defendants. ) 21 22 Pursuant to Code of Civil Procedure section 472, plain- 23 tiffs, ANTONIO SCARDINA and DOROTHY SCARDINA, amend their 24 complaint on file herein as follows: 25 26 aTAI2K,6TE'%V'tnT' 1- \VEl.L-4 d ROBINSON ATTORNEYS AT LAW 100 GRAND AVENUE GUiTE IsoD O"L,LND, c.o'sesa u s►�u-uoo v 1 ' FIRST CAUSE OF ACTION 2 .1. The true names and capacities, whether individual, 3 corporate, associate , or otherwise, of defendants named herein 4 as Does 1 through 100, inclusive, are unknown to plaintiffs, who 5 sue such defendants by such fictitious names, and plaintiffss 6 will amend this complaint to show their true names and 7 capacities when the same have been ascertained. Plaintiffs are 8 informed and believe and on such information and belief allege 9 that all defendants sued herein as Does are in some manner 10 negligently or otherwise responsible for the acts herein 11 alleged. 12 2. At all times mentioned herein, Antonio Scardina and 13 Dorothy Scardina (hereinafter referred to as the" "plaintiffs" or 14 the "Scardinas" ) were residents of the County of Contra Costa , 15 State of California, and were the owners of real property, 16 including certain improvements thereon located at 3356 Hillcrest 17 Road, E1 Sobrante, California ( hereinafter referred to as "the 18 plaintiffs' real property" ) . 19 3. At all times mentioned herein, Hillcrest Baptist 20 Church (hereinafter referred to as the "church" ) , was, through 21 and by its council and parent church, the owner in possession 22 and control of the real property situated in Contra Costa 23 County, known as 3400 Hillcrest Road, Richmond, California 24 (hereinafter referred to as "the church's property" ) . 25 4. At all times mentioned herein, the County of Contra 26 tSTAJIK*BTHW ART. -2 %VEl.I.tS&ROHI\DON ATTORNEYS AT LAW (1 100 GRAND AVENUS 1 6 7 •U1TS 1400 JJJYLLL lJ OAKLAIM. CA O4sls {41S)124-2200 1 � Costa, through its Board of Supervisors, was a county duly 2 organized and existing under the laws of the State of Cali- 3 fornia. 4 5. At all times mentioned herein, the City of Richmond , 5 by and through its Council, was a city duly organized and 6 existing under the laws of the State of California, and situated 7 in the County of Contra Costa. 8 6. At all times mentioned herein, the East Bay Municipal 9 Utility District (hereinafter referred to as "EBMUD" ) and its 10 Board of Directors was a municipal utility district organized 11 and existing under the laws of the State of California and 12 situated in the Counties of Alameda and Contra Costa. 13 7. At all times mentioned herein, the defendants, and 14 each of them, were the agents, employees and servants of each of 15 the other defendants, and in doing the things hereinafter 16 alleged were acting within the course and scope of said agency 17 and/or employment. 18 8. The plaintiffs' real property .above described abuts 19 Hillcrest Road, a public street located in the City of Richmond 20 and the County of Contra Costa, State of California, and is 21 approximately one acre , more or less, situated on a down sloping 22 hillside in a generally northwesterly direction. 23 I 9. The church' s property above described is contiguous to 24 plaintiffs' real property on the aforesaid hillside and near the 25 street is lower than the plaintiffs' real property. Said 26 �VEI.L3li IiUlTI150N ATTORNEYS AT LAW 100 ONANO AVENUE SUITE 1"00 168 OA<IJND.CA"451% u lsl 0342200 1 properties adjoin each other at plaintiffs' east and the 2 church' s west property lines. 3 10. In the Spring of 1982, a landslide occurred on 4 defendant' s property. The landslide caused, soil, dirt and 5 debris to flow from defendant' s premises, thereby damaging 6 plaintiffs. Said landslide removed subadjacent support on the 7 plaintiffs' real property and caused cracks and subsidence of 8 the plaintiffs' real property. The defendant church knew or 9 should have known of the possibility of a landslide because of a 10 previous occurrence on its property and in the area and failed 11 to take reasonable steps to prevent the landslide on its 12 premises. 13 11. Plaintiffs are informed and believe and on such 14 information and belief allege that defendants, and each of them, 15 negligently and carelessly failed to undertake an adequate 16 subsurface investigation and engineering and geological analysis 17 of said property to determine the stability of the soil for 18 construction thereon; negligently investigated and tested soil 19 conditions; negligently recommended inadequate and improper 20 methods and standards for grading, cutting , drainage and 21 compaction of the fill; negligently recommended and performed 22 the construction, layout and location of a parking lot on said 23 defendant church' s property on said lot and its subsequent 24 expansion; negligently engineered, planned, cut, filled, graded 25 and prepared said site for construction; negligently failed to 26 STAnK,$TEWART. WELLS&ROBINSON, —4- ATTORNEYS 4ATTORNEYS AT LAW 100 GRAND AV[NUR •UITL 1{00 169 OAKLAND.CA 9461* 14161834-2300 1provide proper facilities, or any facilities, to prevent 2 slippage of soil, dirt and debris from said property which have 3 threatened the stability of plaintiffs' land and that of the 4 land contiguous to plaintiffs' property on Jean Court im- 5 mediately behind plaintiffs' property; negligently and 6 carelessly failed to maintain its property; negligently made 7 improvements on its property; negligently failed to take proper 8 precautions to eliminate the danger of damage through landslide 9 to plaintiffs' property; and negligently removed mud and loose 10 soil from the base of the slide during the rainy season. Said 11 negligence resulted in latent deficiencies in the church' s 12 property, which the defendants fraudulently concealed from 13 plaintiffs. 14 12. Plaintiffs are informed and believe and on such 15 information and belief allege that as a direct and proximate 16 result of the above-described negligence of defendants, and each .17 of them, substantial earth movement and soil failure occurred at 18 or near the vicinity of the church' s property. 19 13. As a proximate result of the negligence of defendants, 20 and each of them, as herein alleged, plaintiffs were required to 21 and did hire soils engineers and other professional consultants 22 to render advice concerning remedial , corrective and preventive 23 measures to stabilize the affected vicinity of plaintiffs' land 24 and to prevent future damage and incurred expenses therefor in 25 an amount not known to plaintiffs at this time. Plaintiffs will 26 STARK STRAY.MT. -5-5- %VELI,ed a ROBINSON ATTORNEYS AT LAW IW GRAND AVENUE 170 SUITE IIOD OAJKLANV. CA SASIS 44161 034-3200 1 move to amend this complaint to state such amount when the same 2 becomes known to them, or on proof thereof. 3 14. As a further proximate result of the negligence of 4 defendants, and each of them, as herein alleged, plaintiffs were 5 required to and did hire contractors to undertake immediate 6 remedial measures on plaintiffs' property to protect their 7 residence and property from further damage and otherwise prevent 8 the occurrence of additional soil subsidence and loss of 9 subadjacent support and incurred expenses thereof in an amount 10 not known to plaintiffs at this time. Plaintiffs will move to 11 amend this complaint to state such amount when the same becomes 12 known to them, or on proof thereof. 13 15. As a further proximate result of the negligence of 14 defendants, and each of them, as herein alleged, the value of 15 the plaintiffs' real property has been greatly diminished and 16 continues to be diminished, in an amount not known to plaintiffs 17 at this time. Plaintiffs will move to amend this complaint to 18 state such amount when the same becomes known to them, or on 19 proof thereof. 20 16. As a further proximate result of the negligence of 21 defendants, and each of them, as herein alleged, plaintiffs have 22 been subject to, and continue to be subject to, great annoyance 23 and discomfort and have been injured and continue to be injured 24 in their comfort and in the enjoyment of their proep rty. The 25 exact amount of such damage is not known to plaintiffs at this 26 eMUM,OTENV ART. —6_ WELI.f3&AOBI\SOti ATTORNEYS AT LAW IRO GRAND AV[NUY RUM 1400 OAJL".Nn.CA.osis 4495)$34-22,00 1 time. Plaintiffs will move to amend this complaint to state 2 such amount when the same becomes known to them, or on proof 3 thereof. 4 17. As a further proximate result of the negligence of 5 defendants, and each of them, as herein alleged, plaintiffs have 6 sustained a substantial financial injury in attempts to remedy 7 the conditions herein described and have been subject to anxiety 8 for the safety of themselves, their family and their guests, and 9 fear for the destruction of their home, all of which have caused 10 plaintiffs to sustain personal injuries, including fright, 11 apprehension, nervousness, mental anguish and serious emotional 12 distress, all to their general damage. 13 18. As a further proximate result of the negligence of 14 defendants, and each of them, as herein alleged, and the 15 increasing threat to the plaintiffs' real property and physical 16 welfare, plaintiffs have suffered serious emotional distress and 17 anguish sustaining shock and injury to their nervous systems and 18 emotional well-being, all of which caused and continue to cause 19 plaintiffs great physical and mental pain and suffering all to 20 their general damage. 21 19. As a further proximate result of the negligence of 22 defendants, and each of them, as herein alleged, plaintiffs have 23 incurred and will continue to incur medical and related 24 expenses. The full amount of such expense is not known to 25 plaintiffs at this time. Plaintiffs will move to amend this 26 4 TAIuc.877 W ART. VELI-14&RUIII\tiU\ —7— ATTORNEYS AT LAW 100 GRAND AVENUE (� SUITE 1400 2 O&IL" (D.CA Yash MIS)634.2200 1 complaint to state such amount when the same becomes known to 2 them, or on proof thereof. 3 20. As a further proximate result of the negligence of 4 defendants, and each of them, as herein alleged, plaintiffs were 5 prevented from attending their usual occupations and thereby 6 lost earnings in an as yet unascertained amount. Plaintiffs 7 will move to amend this complaint to state such amount when the 8 same becomes known to them, or on proof thereof. 9 SECOND CAUSE OF ACTION 10 21. Plaintiffs incorporate herein by reference Paragraphs 11 1 through 20 of the First Cause of Action as if said paragraphs 12 were set forth in haec verba. 13 22. Plaintiffs are informed and believe and on such 14 information and belief allege that beginning in the year 1962 15 and on several occasions thereafter on dates unknown to 16 plaintiffs, defendant church caused the grade of its land 17 adjoining the plaintiffs' real property to be altered by cutting 18 the slope in order to build its church, expand its parking area 19 and grade and move soil on the property. In so doing , defendant 20 church and Does 1 through 20, inclusive, failed and still fail 21 to provide facilities to prevent slippage of soil, dirt and 22 1 debris from its land and undermining subadjacent support as a 23 result of such alterations in the slope of defendant' s land. 24 23. As a further proximate result of altering the grade on 25 defendant's land, soil, dirt and debris have fallen from 26 MITAIM,9TEWART, WKII-Ir •1ARODINSON "8 ATTORNEYS AT LAW ���yyy t� 180 GRAND AVENUE 1 / { SUITE 1400 r OAALAND.CA 9"14 44651434-2200 I defendant' s land and plaintiffs' land has suffered a loss of 2 subadjacent support, causing cracks and subsidence of plain- 3 tiffs' land, 4 24. In altering the grade of the land of defendant church 5 and Does 1 through 20, inclusive, and failing to prevent 6 slippage of soil , dirt and debris resulting therefrom, defendant 7 church and Does 1 through 20, inclusive, have obstructed and 8 still obstruct plaintiffs' free use of their land and property 9 so as to interfere with plaintiffs' comfortable enjoyment of 10 life and property and is injurious to plaintiffs' health and is 11 thus maintaining a nuisance in that the landslide described 12 hereinabove has destroyed plaintiffs' driveway, parking area, 13 stairs, walks and patio and the exposing and undermining of the 14 plaintiffs' foundation. Further, any subsequent movements of 15 soil, dirt and debris from defendant' s land imperils the 16 security and safety of plaintiffs' home and improvements. 17 25. As a further proximate result of defendants' acts 18 herein alleged and during the period from April 1982 to and 19 including March of 1983 and continuing, plaintiffs have suffered 20 injury to their land and property in that the landslide on the 21 defendant church' s property has caused substantial property 22 damage and threatened the safety and wellbeing of plaintiffs' 23 continued residence in their home, all to plaintiffs' damage in 24 an amount not known to plaintiffs at this time. 25 26. On or about May 11 , 1982, plaintiffs notified 26 t3TAI2K•STEWAIiT• -9- ATTORNEYS 9- ATTORNEYS AT LAW 100 GRAND AVENUE 174 6UrtE 1400 OA!<I.AND. CA 04610 (41 0)034.2300 ' 1 defendant church that the continued subsidence of soil from its 2 property was damaging plaintiffs' land and that plaintiffs' land 3 had suffered a loss of subadjacent support and a destruction of 4 improvements as a result of the alteration of the grade herein 5 described, and demanded that such action be taken by the church 6 to prevent the further loss of subadjacent support and 7 destruction of plaintiffs ' property and that facilities be 8 provided to prevent additional slippage. Defendant church and 9 Does 1 through 20, inclusive, refused and still refuse to comply 10 with plaintiffs ' demand. 11 27. Plaintiffs are informed and believe and on such 12 information and belief allege that the usefulness and economic 13 value of the plaintiffs' real property will be substantially 14 diminished and efforts of plaintiffs to sell or lease said 15 property will be without avail unless and until defendant is 16 directed to and does remedy the conditions herein described on 17 its property. Because said conditions on defendant' s property 18 threaten future landslides, plaintiffs face a multiplicity of 19 suits. For the foregoing reasons, money damages, except those 20 herein demanded for the damages suffered prior to the commence- 21 ment of this action and continuing damages and the damages for 22 diminution of the plaintiffs' real property even after the 23 corrective measures herein prayed for are implemented, will not 24 afford adequate relief to plaintiffs. 25 28. The acts of defendant church and Does 1 through 2U, 26 KTARK.ESTE W ART. WYLL'9&RODI1SOY _10- ATTORNEYS 10ATTORNEYS AT LAW 1 NO GRAND AVENUE 1 SUITE%400 OAKLAND. QA 646/4 44061034-2200 1 inclusive, constitute a nuisance and plaintiffs are thereby 2 entitled to an injunction pursuant to section 731 of the Code of 3 Civil Procedure of the State of California to compel defendant 4 church and Does 1 through 20, inclusive, to abate such nuisance. 5 THIRD CAUSE OF ACTION 6 29. Plaintiffs incorporate herein by reference Paragraphs 7 1 through 20 of the First Cause of Action and Paragraphs 21 8 through 28 of their Second Cause of Action as if said paragraphs 9 were set forth in haec verba. 10 30. Plaintiffs are informed and believe and on such 11 information and belief allege that as a further proximate result 12 of the negligence of defendant church in the year 1962 and 13 continuing thereafter, soil, dirt and debris were caused to flow 14 from defendant' s property and plaintiffs' land suffered a loss 15 of subadjacent support causing cracking and subsidence on 16 plaintiffs' land and damage to improvements. 17 31. Plaintiffs are informed and believe and on such 18 information and belief allege that as a further proximate result 19 of such negligence and the resulting trespass the soil on 20 defendant' s property was caused to fail and give way, causing 21 damage to the plaintiffs' real property in the driveways, 22 walkways , foundations and other contiguous appurtenances 23 thereto. 24 32. Plaintiffs are informed and believe and on such 25 information and belief allege that defendant's acts and 26 STARK,IATE'WART, %VEL-4&ROBINSON -11- ATTORNEYS AT LAW 100 GRAND AVENU[ 176 QUITE 1400 OAKLAND. CA 0"12 1110!0742200 1 omissions and the resulting conditions on defendant's property 2 as herein described threaten repeated acts of trespass. 3 33. In April and May of 1982 and thereafter, plaintiffs 4 gave notice to defendant church and Does 1 through 10, 5 inclusive, of the damage caused by said trespass, and requested 6 that defendants remedy the conditions on its property which 7 threatened repeated acts of trespass, but the defendant church 8 and said Does refused and continue to refuse to remedy said 9 trespass. 10 FOURTH CAUSE OF ACTION 11 34. Plaintiffs incorporate herein by reference Paragraphs 12 1 through 33 as if said paragraphs were set forth in haec verba. 13 35. At all times mentioned herein, the County of Contra 14 Costa, the City of Richmond, the EBMUD, and Does 21 through 50 15 ( hereinafter "public agencies" ) were charged with the respon- 16 sibility and duty to design, inspect, maintain, service, 17 operate, and monitor the water pipes, surface and subsurface 18 drainage and other public works located on or near the defendant 19 church' s property, including, but not limited to, subdrains , 20 culverts, and storm drains in part located under or near said 21 real property. 22 36. At all times herein mentioned , the defendants 23 negligently and carelesly inspected, maintained, serviced, 24 operated and repaired the water pipes, drainage system and 25 public works; and negligently and carelessly approved the design 26 tyTA IIK.STEN.%RT, -12- WELLS 12- WELLS d ROBI\SOY ATTORNEYS AT LAW 177 too GRAND AVENUE /U"t100 . *ARLAND•4 l41 f1•74-ti00 1 and construction of the Hillcrest Baptist Church and its 2 contiguous parking area and the subsequent expansion of said 3 parking lot and its various works of improvement, which, among 4 other things, failed to determine the unstable condition of the 5 existing hillside on the defendant church' s property, the 6 likelihood of landslide, the likelihood of severe rainfall and 7 the deficient strength, durability and corrosion resistance of 8 pipes and culverts installed on the church' s property and 9 adjacent lands; and negligently and carelessly permitted a 10 dangerous condition to exist on property owned, operated , 11 maintained or controlled by the said defendants, which created a 12 reasonably foreseeable risk of injury to plaintiffs and their 13 property , of which defendants had actual or constructive notice 14 in sufficient time before damages to take protective and 15 corrective measures ; that beginning on or about April 11, 1982, 16 and thereafter, subsidence occurred to the plaintiffs' real 17 property as a result of a landslide on the defendant church' s 18 property. Additional land subsidence is. foreseeable, and the 19 plaintiffs hereby reserve the right to amend the complaint to Z0 include additional damage created by any future subsidence of 21 the plaintiffs' real property. All of the foregoing created a 22 nuisance, trespass, and unlawful taking of the plaintiffs' 23 property. 24 37. As a direct and proximate result of the foregoing , the 25 plaintiffs' real property was damaged in a sum estimated to be 26 e3TAItKBTF.�VAItT. I 1VEUE—S do ROBINSON -13- .11 ATTORNEYS AT LAW 160 DRANO AVENUE SUITE 1400 01.=I.,LND.CA 94614 44141834-2200 1 $300,000.00, the costs of repair and/or diminution of fair 2 market value. 3 38. As. a further direct and proximate result of the 4 foregoing, the plaintiffs will be required to expend a sum 5 estimated to be $350, 000. 00 and $160, 000. 00 for curbing , 6 shoring , and engineering expenses in an attempt to mitigate 7 damages. 8 39. As a further direct and proximate result of the g foregoing, the plaintiffs have suffered damages and injury for 10 emotional distress, annoyance, inconvenience and loss of 11 employment in a sum estimated to be $500,000. 00. 12 40. Prior to the filing of the complaint, the plaintiffs 13 filed with each of the said public agencies a valid and timely 14 claim for damages and just compensation, which has been denied 15 by the public agencies. 16 FIFTH CAUSE OF ACTION 17 41. Plaintiffs incorporate herein by reference Paragraphs 18 1 through 40 as if said paragraphs were set forth in haec verba. 19 42. At all times mentioned herein, the defendant church 20 and Does 1 through 10, inclusive, knowingly, intentionally, 21 maliciously, and fraudulently failed to maintain the suitability 22 of their property as it related to the plaintiffs for housing, 23 and knowingly, intentionally and fraudulently failed to maintain 24 their land, improvements and water drainage system despite the 25 reasonable foreseeability of landslides and the loss of 26 6T,&RK,OTEWAUT, WETA.13 a U08I1b0\ -14- ATTORNEYS AT LAW T`� Iso GRAND AVENu[ suRE 1400 OAti.AND, CA*dais IIID)034-2200 1 subadjacent support from plaintiffs' property, thereby giving 2 rise to exemplary damages against the defendant church and Does 3 1 through 10 in the sum of $2,000,000.00. 4 WHEREFORE, plaintiffs pray for judgment against defendants, 5 and each of them, as follows: 6 1. Damages for loss of real property and improvements in 7 the sum of $300, 000. 00. 8 2. Damages for reasonable expenses incurred because of 9 damage to real property and to mitigate against further damage 10 in the sum of $350, 000. 00, and $160,000. 00 for the cost of 11 installation of vertical heavily-reinforced piers or soldier 12 beams from the ground surface through the soil and approximately 13 12 feet into the bedrock , and installation of the tie-backs, 14 approximately one foot in diameter. 15 3. Damage for loss of financing and increased cost of 16 future financing. 17 4. Damage for emotional distress, suffering and annoyance 18 in the sum of $500, 000. 00. 19 5. Damages for loss of wages. 20 6. For professional expenses and costs incurred by 21 plaintiffs in determining the nature and cause of the injuries, 22 preventing and minimizing future damage, removing soil and 23 debris from plaintiffs' property, and restoring plaintiffs' 24 property and residence to a sound and habitable condition in an 25 amount according to proof. 26 8TAIM,STEW ART. -15- 'WELLI9&RODINSON ATTORNEYS AT LAW I Q 100 GRAND AVENUE 1 8 9UITE 1400 OAKLAN , CA*4610 (416)814-2100 7. For damages to restore plaintiffs' residence and lot 2 to a sound and habitable condition and to minimize and prevent 3 future damage in an amount according to proof. 4 8. For damages for diminution of value of plaintiffs' 5 real property in an amount according to proof. 6 9. For damages for loss of use of plaintiffs' property in 7 an amount according to proof. 8 10. For damages for annoyance, discomfort and loss of 9 enjoyment of plaintiffs' property in an amount according to 10 proof. 11 11. For medical and related expenses for each plaintiff in 12 an amount according to proof. 13 12. For exemplary damages against the defendants (other 14 than public agencies) found to have acted with fraud, malice, 15 and oppression in the sum of $2, 000, 000. 00. 16 13. For attorneys' fees, costs of suit incurred herein and 17 interest. 18 14. For an order directing defendants to abate the 19 nuisance. 20 15. For such other and further relief as to the court 21 seems just and proper. 22 Dated: September 27, 1983 23 STARK, STTEEWART, WELLS & ROBINSON I 24 . 25 By Robert Fi d 26 Attorneys for Plaintiff HTML".ESTI:W NI IIT. %VELIJd&ROIII\z;0\ —16- ATTORNEYS 16ATTORNEYS AT LAW IN GRAND AVENU[ *UffK OA=LN%CA G491a u�e�•a�-ssoo 1 VERIFICATION 2 I am the attorney for the plaintiff in this action; the 3 plaintiff is- absent from the County of Alameda in which I have my 4 office; I have read the foregoing Amended Complaint for Damages .5 to Property, Emotional Distress and Punitive Damages; I am in - 6 formed and believe that the matters in it are true and on that 7 ground allege that the matters stated in said complaint are true. 8 I declare under penalty of perjury that the foregoing is 9 true and correct and that this declaration was executed on 10 September y 1983, at Oakland, California. 12 /� 13 Robert . Field 14 15 16 17 18 19 20 21 22 23 24 25 26 1'MIK,EMENVAUT, ELLS 3a 1tC1I3I\a'l�� -f ATTORNEYS AT LAW -17— — ••� (�(� OtU11'PLATA.IATN FLOOR 18 160 GRANO AVENUE V fi.l OAKLAND.CA Y*Alit 1�1\1\1 •tt00 Robert C. Field, Esq. Stark, Stewart, Wells & Robinson 180 Grand Avenue, Suite 1400 Oakland, CA 94612 NOTICE OF REJECTION OF CLAIM of ANT014I0 AND DOROTHY SCARDINA Notice is hereby given that the claim which you presented to the Board of Directors of East Bay Municipal Utility District was rejected in its entirety on this date. In compliance with Government Code Section 913, the following is quoted for your information: "WARNING" "Subject to certain exceptions , you have only six (6) months from the date this notice was personally delivered 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 desire to consult an attorney, you should do so immediately. " W. THOMAS NORDIN Risk Management Administrator DATED: APRIL 11, 1983 N•21 • 3/80 183 1• N ROBERT C. FIELD, ESQ. STARK, STEWART, WELLS & ROBINSON 2 180 Grand Avenue, Suite 1400 Oakland, CA 94612 3 Telephone: (415) 834-2200 APR 81983 4 Attorneys for Antonio Scardina and E.D.M.U.D. Dorothy Scardina, Claimants INSURANCE 8►CLAIMS 5 6 7 $ ANTONIO SCARDINA and ) DOROTHY SCARDINA, ) 9 ) Claimants, ) 10 ) VS. ) CLAIM FOR DAMAGES 11 ) (Gov. Code § 910, et seq. ) COUNTY OF CONTRA COSTA and ) 12 its BOARD OF SUPERVISORS; ) CITY OF RICHMOND and its ) 13 COUNCIL; EL SOBRANTE, an ) unincorporated public entity ) 14 within the County of Contra ) Costa; EAST BAY MUNICIPAL } 15 UTILITY DISTRICT and its BOARD) OF DIRECTORS, ) 16 ) Local Public Agencies. ) 17 _ ) 18 TO: COUNTY OF CONTRA COSTA and its BOARD OF SUPERVISORS; CITY OF RICHMOND and its COUNCIL; EL SOBRANTE, an 19 unincorporated public entity within the County of Contra Costa; EAST BAY MUNICIPAL UTILITY DISTRICT 20 and its BOARD OF DIRECTORS 21 NOTICE IS HEREBY GIVEN pursuant to Gov. Code § 910 that 22 ANTONIO SCARDINA and DOROTHY SCARDINA make claim for damages 23 against the County of Contra Costa , City of Richmond, E1 Sobrante 24 and East Bay Municipal Utility District as hereinafter set forth: 25 26 f.�RIC, STEN.♦RT, ELLS&R0111NSON' ,TTORNEYS AT LAW KLITY PLAZA• 14TH FLOOR lB0 GRAND AVENUE ,&KLA\D.CA 9461V 14191 834.2200 1, 1. The names and mailing addresses of the claimants .are 2 Antonio Scardina and Dorothy Scardina, 3356 Hillcrest Road, E1 3 Sobrante, California 94806. 4 2. The person to whom notices are to be sent in reference 5 to this claim is Robert C. Field, Stark, Stewart, Wells & 6 Robinson, 180 Grand Avenue, Suite 1400, Oakland, California 94612 . 7 3. The date, place and circumstances of the occurrence are 8 as follows : On April 11 , 1982 , and various times thereafter, 9 subsidence of the land at claimants ' residence in the County of 10 Contra Costa at 3356 Hillcrest Road, E1 Sobrante, California , 11 has occurred resulting in cracking to the driveway and an under- 12 mining of said driveway and the foundations of -claimants' house, 13 patio and the stairs leading thereto. The subsidence is progres- 14 sive and continuing and the damage to property of claimants 15 continues. 16 Claimants are informed and believe and thereupon allege that 17 this subsidence and loss of subadjacent support was due to a 18 slide which occurred on the neighboring property of the Hillcrest 19 Baptist Church situated in the County of Contra Costa at 3400 20 Hillcrest Road, Richmond, California, during the Spring of 1982. 21 4. The names of the public employees causing the injury, 22 damage and loss are not known to claimants but are currently 23 known to the public agencies, being generally the employees 24 involved in the Engineering, Public Works, Grading, Planning, 25 Water, Sewer and Drainage Departments of said public agencies. 26 TARK. STEW.4LRT. 'LiLLS&LtOUINSON ATTORNEYS AT LAW -2- �DELIT►PLAZA. 14TH FLOOR 180 GRAND AVENUE 1 uAKLAND.CA 0461U 1 14151834-2200 . 1 , 5. A general description of the indebtedness, obligation, 2 injury, damage or loss incurred, insofar as the same is known at 3 the time of the claim, is as follows: 4 (a) The claimants own the real property located at 5 3356 Hillcrest Road, E1 Sobrante, California, and have owned it 6 since on or about April 1977 . 7 (b) During the early Spring of 1982 , after severe 8 rains, a landslide occurred on the property of claimants ' neigh- 9 bor, Hillcrest Baptist Church. The landslide caused soil, dirt 10 and debris to flow from the Hillcrest Baptist Church ' s premises 11 onto claimants ' property and also caused the loss of subadjacent 12 support on claimants' property which initially resulted in cracks 13 appearing in claimants ' driveway on or about April 11, 1982 , and 14 at various times thereafter. 15 (c) Claimants are informed and believe and thereupon 16 allege that the Hillcrest Baptist Church and its contiguous 17 parking area was originally constructed in the Spring of 1982 and 18 subsequent work was performed by the church on its parking area 19 at dates unknown to claimants which resulted in an 8 ' to 10 ' cut 20 being made in the toe of the hill on the property of the Hillcrest 21 Baptist Church and other grading_ and soil moving activities. 22 (d) Claimants believe that the government entities are 23 responsible for the injuries and damages on the following basis: 24 (1) The government entities to which this claim 25 is submitted are liable for injuries and damages caused to claim- 26 ants and to claimants' real property as a result of the entities ' M.ILRK. STEW,ILRT, ULL5&11013INSO N ATTORNEYS AT LAW -3- ID[LITY PLAZA• 14TH FLOOR 180 GRANA AVENUE 1 b OAKLAND.CA 9469 (41%1 936.1100 k , �. 1 negligent design, maintenance, inspection and operation of the 2 drainage system and other pipes transporting water and other 3 public works, their creation and operation .of a public and 4 private nuisance, and their taking and damaging of claimaints' 5 real property and improvements. 6 (2) The entities were further negligent in their 7 approval of the design and construction of the Hillcrest Baptist 8 Church and its contiguous parking area in 1962 and the subsequent 9 expansion of said parking lot and its various works and improve- 10 ments, which, among other things, unreasonably failed to take 11 into account the topography of the area, the likelihood of a 12 landslide, the likely occurrence of severe and continued rainfall 13 and the strength, durability and corrosion resistence of the 14 pipes and culverts installed on the property of the Hillcrest 15 Baptist Church and adjacent properties. 16 (3) Due to the negligent and wrongful actions or 17 omissions of these government entities and their employees, a 18 dangerous condition of property owned, operated, maintained or 19 controlled by the entities has been caused , which created a 20 reasonably foreseeable risk of the kind of injury which did occur 21 to claimants and their property and of which the entities had 22 actual or constructive notice in sufficient time prior the the 23 injury to have taken protective measures. 24 6. As a result of the negligent activities of the entities 25 claimants have suffered severe emotional distress, annoyance, 26 inconvenience and loss of employment. ARK.STEN.SRT. 'LLQ&140BI\ti401 fTOFINEYS AT LAW -4- _ :LITT PLAZA.1A TN FLOOR 100 GRAND AVENUE 187 1►y LKLAND.CA 0461W `8�i/ ITISI 914.220C 1, 1 7. The amount claimed as of the date of the presentation 2 of this claim in estimated prospective damages, injury or loss, 3 as far as known as of the same date, is as follows: 4 (a) Loss of lot, house and fixtures $300, 000 5 (b) Cost of installation of vertical heavily-reinforced piers or soldier beams 6 from the ground surface through the soil and approximately 12 feet into the bedrock, 7 installation of tie-backs , approximately I foot in diameter (20 pairs of tie-backs 8 would be required) 160,000 9 (c) Cost of cribbing, shoreing and engineering expenses on claimants' property 350 , 000 10 (d) Damages for emotional distress, 11 annoyance, inconvenience and loss of employment 500, 000 12 TOTAL $1,310 , 000 13 Unknown claims include: 14 (e) Potential claims submitted by 15 property owners on Jean Court above claimants ' property whose property may 16 be affected by the landslide and loss of Amount Unknown subadjacent support at this time 17 (f) Loss of financing and increased Difference betty en 18 cost of future financing 8% and market rate 19 (g) Attorneys ' fees and costs To be determine 20 (h) Interest At legal rate 21 DATED: April 8, 1983. 22 STARK, ST WART, WELLS & ROBINSON 23 24 a t� ill y Rober C. Field 25 Attorneys for Claimants 26 P.%Rx.STEWART, LLLS&ROBINS0� LTTORNEYS AT LAW —5— DELMI KAEA.t4TR FLOOR IAO GRAND AVENUE )AY LAND.CA 04alU - 1 g g 1114)624•220C 1 1 IRO OF 01" SLRVICE BY MAIL STATE OF CALIF01WIA ) 3 ) ss. COUNTY OF CONT1tA COSTA ) 4 5 I am a citizen of the United States and a resident of the 6 County of Contra Costa. I ani over the age of eighteen (18) ye and not a party to the within action. My business address is 7 1601 North California Boulevard, Walnut Creek, California 9459 8 On the date bet forth below, I served the within 9 CLAIM FOR INDEMNITY AND CONTRIBUTION 10 11 12 by placing a true: copy therof, enclosed in a sealed envulopu 13 with postage thereon fully prepaid, in the United States Poet Office, at Walnut Crauk, Califurnia, addressed as follows : 14 BOARD OF SUPERVISORS 15 CONTRA COSTA COUNTY 651 PINE ST. 16 MARTINEZ., CA 94553 ll 18 19 20 21. 22 I declare: under p0 nalty of perjury that the foregoing is 23 true and correct . 111 i.xecutLL1 on November 17 , 1983, at Walnut Creek , Californi 25 26 GRAC . PASION GIBBONS, S101)DAHD, LtPPLH K 1A1.CO Al IUW9 YS AI iA* I4U1"Sh0 *Aha.IA.J a MN/UUI LAVA LA y1'.)G iV•� N»I*j1 y uu CLAIM BOARD OF SUPERVI90RS OF CO RrRA COGM COO:TY, CAIMarTIA FOAM ACTION Against the Cou nme ) NWE TO CLAUSW December 20, 1983 Claim Routing Endorsements, and ) The copy of this document mailed bo you is your Hoard Action. (All Section ) notice of the action taken on your claim by the references are to California ) Hoard of Supervisors (Paragraph III, below) , Government Code.) ) given pursuant to Government Code Sections 913 i 915.4. Please note the "Warning" below. Claimant: George Young and Vera. Young Attorney: Gerald M. Lachowicz , Esq. , Hartman, Haile & Hughes Address: 50 California Street, Suite 2221 San Francisco, CA 94111 Amount: $500, 000. 00 Hand delivered By delivery to Clerk on November 21, 1983 Date'Received: November 21, 1983 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted Claim. DATED: 11/21/83 J.R. MSSON, Clerk, By lG , Deputy --Kelly/R. Galhoun II. FROM: County TO: Clerk of the Board of Supervisors (Check one only) This Claim ccnplies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to =ply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board carmt. act for 15 days (Section 910.8) . ( ) Claim is not timely filed. Board should reject claim on ground that it was filed late. (§911.2) _iom B. aAusm, county cotmsel, �` Deputy . III. BOAM ORDER By unanimous vote of SL4m visors present (� ) This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED: DEC 2 U 1583 J.R. CLWM, Clerk, by duty MMOMWG (Gov't. C. 6913) Subject to certain exceptions, you gave only six (6) months frau the date this notice was persozial.ly delivered or deposited in the mail to file-a court actin on this claim. See Government code Section 945.6. You may seek the advice of any attorney of your choice in conuu:ection with this matter. If you want to consult an attorney, you should do so Immediately. IV. FOR: CUR of the laia 0: County 2 County AdminiiUaitor Attached are copies of the above Claim. We notified the claimant of the Board's action an this Claim by mailing a copy of this document, and a nam thereof has been filed and endorsed on the Board's copy of this . Claim lin accordance with Section 29703. DATED: DEC / C" 4y 3 J. R. CLSSO , C38r C, k� +� ►1J 19 0 IRECEIVE5r/' �zaoP ! R. OLSSON CLERK BOARD OF SUPERVISORS CLAIM AGAINST PUBLIC ENTby--KJWW*b10. (Government Code S§ 905, 905. 2 , 910, 910. 2) TO BOARD OF SUPERVISORS, CONTRA COSTA COUNTY: GEORGE YOUNG and VERA YOUNGIhereby make claim against the COUNTY OF CONTRA COSTA as follows: 1. Claimants ' names and post office address are George Young and Vera Young, 20 Bel Air Drive, Orinda, CA 94563. 2. Notices concerning the claim should be sent to '"Gerald M. Lachowicz, ^Esq. ,Y Hartman,:: Haile & Hughes, 50 `California Street, Suite -2221, .San Francisco, ,CA 94111. s 3. On November 22, 1982 claimants were served with summons and complaint in Contra Costa Superior Court Action No. 241357, entitled "Carol A. Fichenscher, Plaintiff, vs. County of Contra Costa, George Young, Vera Young, William Criswell, et al. , Defendants, " claiming damages by reason of a landslide occurring on or about April 16, 1982 directly across from 26 Parklane Drive, Orinda, California. 4. If claimants are liable to Carol A. Fichenscher by reason of her complaint in Contra Costa County Superior Court Action No. 241357, which liability is hereby denied, it will only be by reason of (1) the negligence of the COUNTY OF CONTRA COSTA in the grading, construction, 191 a improvement, design, maintenance and inspection of lots 18 Bel Air Drive and 20 Bel Air Drive and the street Parklane Drive in Orinda, California, so as to proximately cause a landslide near and on Carol A. Fichenscher' s property located at 26 Parklane Drive, Orinda, California, and (2) the negligence of the COUNTY OF CONTRA COSTA in failing to clear and repair said landslide area so as to proximately damage Carol Fichenscher' s property and, therefore, claimants will be entitled to equitable indemnity, partial equitable indemnity or contribution from the COUNTY OF CONTRA COSTA. 5. The name or names of the COUNTY OF CONTRA COSTA' s employee or employees causing the injury, damage or loss is presently unknown. 6. The amount of the claim as of the date of this claim is FIVE HUNDRED THOUSAND DOLLARS ($500,000. 00) and such amount will be amended if and when Carol Fichenscher amends her claim against claimants. 7. The basis of computation of the claimed amount is as follows : Carol Fichenscher claims that through the negligence of CONTRA COSTA COUNTY, she has suffered the loss of the value of her real property and the home situated thereon; has incurred attorney' s fees and attendant costs; has lost the free access to her real property and home and that a 192 -2- I , condition has been created whereby individuals of unknown character trespass on her property to gain direct access to the other end -of Parklane Drive and that she has suffered nervousness, worry and mental distress for her safety and the safety of her property. Dated: November 21, 1983. HARTMAN, HAILE & HUGHES By v AGERALD OGVICZ nehalf of GEORGE nd - VERA YOUNG -3- 193 • CLAIM Bohm OF S[TPERVI90atS OF 00tMh COSTA OOLZUY, OUXF M BOARD ACTION Claim Against the County, ) = To CZAII�'�,U December 20, 1983 Nf Routing Endorsements, and ) The copy of this docunent mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , Government Code.) ) given pursuant to Govemnent Code Sections 913 i 915.4. Please note the "Warning" below. Claimant: City of Lafayette Attorney: Gary M. Lepper Stoddard, Lepper & Falco Address: Stoddard, N. California Boulevard Walnut Creek, CA 94596 Amount: Unspecified By delivery to Clerk on Date'Received: 11/28/83 By mail, postmarked on 11/2 3/8 3 I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted Claim. DATED.- 11/28/83 J.R. C LSSON, Clerk, Deputy ell R. Calhoun II. FRAM: County Co T0: Clerk of the Board of Supervisors (Check one only) (V ) This Claim caplies 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. Board should reject claim on ground that it was filed late. (5911.2) ilfit.L/: JOM Be CEAUSENt County Counsel, By K-'C Deputy III. BOARD CFUM By unanimous vote of Supervisors present ( ) This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED: DEC 2 0 1981 J.R. CLS", Clerk, byj -" I> � . Deputy 19RU G (Gov't. C. 5913) Subject to certain exceptions, you have only six (6) months f=an the date this notice was persofially delivered 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 any attorney of your choice in connection with this matter. If you want to consult an attorney, you should do M 4mmai ately. IV. PIM: Clerk o 70: County Counsel, 2 County strator Attached are copies of the above Claim. we notified the claimant of the Board's action on this Claim by mailing a copy of this document, and a msro thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. 194 EnLLi:L0Deputy HATED: n 1y��: • J. R. c�ssoN, clerk, DATE: November 22 , 1983 F I LED� TO: COUNTY OF CONTRA COSTA NOV-� ` 60J C/O CLERK OF THE BOARD OF SUPERVISO Administration Building, #106 . OLSSON CLERK O ARD/ SUPERVISORS Martinez, CA 94553 .1.�;.�� ��e u SUBJECT: CLAIM FOR INDEMNITY AND CONTRIBUTION Pursuant to S§ 900 et seq. of the California Government Code PLEASE TAKE NOTICE that a claim for indemnity and contribution is hereby made by the CITY OF LAFAYETTE against the COUNTY OF CONTRA COSTA. CLAIMANT: CITY OF LAFAYETTE NOTICES : Notices are to be sent to Gary M. Lepper, STODDARD, LEPPER & FALCO, 1601 N. California Boulevard, Walnut Creek, California 94596 . OCCURRENCE GIVING RISE TO CLAIM: ALBERT and LEONA KESHESHIAN are the owners of a real property located at 1234 Warner Court, Lafayette, California. In a complaint filed on November 5, 1980 and served on CITY OF LAFAYETTE on October 17 , 1983 , plaintiffs allege that damage to their real property has occurred as a result of the lawful gathering and discharge of surface waters on nearby properties onto their own. They further allege that such surface water flow results from improper precautions on the part of CITY OF LAFAYETTE and other defendants. IDENTITY OF PUBLIC EMPLOYEES: At this time, CITY OF LAFAYETTE does not know the name (s) of the public employee (s) causing the damage. DAMAGES/INJURIES : Plaintiffs allege damages and injuries as aforesaid. 195 In addition, they seek injunctive relief. CITY OF LAFAYETTE seeks indemnity and contribution from COUNTY OF CONTRA COSTA. DATED: November 22, 1983 / STODD , LEPP FALCO tto neys or C TY OF IPAYETTE 196 • CLAIM �/A��{��ywy�� �I��yw- T/y�/,�./�� ■/�y� COMM•�/��.�.��•� ��/yy //may '!}.��ww ��/���p�� �p�/�����,/'MnT BMS O SU O COST • �VY, �� .�.OAM ACTION December 20, 1983 Claim Against the County, ) =E TO CLAUPM Routing &,dorsements, and ) 7he copy of this doctsnent mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , Government Code.) ) given pursuant to Wvernment Code Sections 913 915.4. Please note the "Warning" below. Claimant: Rosine Weisbrod, 18624 Sandy Road, Castro Valley, CA 94546 Attorney: Address: Armsnt: $49. 00 By delivery to Clerk on Date'Reoeived: November 28 , 1983 By mail, postmarked on 11 Z 1-1 —" I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim. DATEp: 11/28/83 J.R. OLSSON, Clerk, By >( C�l , peputy II. FROM: County Counsel T0: Clerk of the Board of Supervisors (Check one only) ( This Claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to cooly 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. Board should reject claim on ground that it was filed late. (§911.2) L1ATID: i 1-Z - .3 JOM Be CEAUSEN, County Counsel, Deputy . III. BOARD ORrIE R By unanimous vote of Supervisors present (y. ) This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered In its minutes for this date. nAI'ID: DEC 2 6 1983 J.R. OESSON, Clerk, by ( :L . Deputy WNRN 1G (Gov't. C. 6913) Subject to certain ex ceptiaa1s, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file'a court action an this claim. See G verzment Code Section 945.6. You may seek the advice of any attorney of your ,choice in oornection with this matter. If you want to conmalt an attorney, you should do so 4mnedi ately. IV. FROM: Clark o TO: County 2 County AdminiiUaitor Attached are copies of the above Claim. We notified the claimant of the Board's action an this Claim by mailing a copy of this document, and a memo thereof has been filed and endorsed an the Board's copy of this Claim in accordance with Section 29703.. 0 2 i' 1w 3 J. R. 01S.S # Clerk, byl Deputy CJ.,AIM TO:` BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be -presented not later than one year after the accrual of . the cause of action. (Sec. 911. 2; Govt: Code) :- B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94.553 (or mail to. P.O, - Box 911, Martinez, CA) . C. . If claim is against a district governed by the.-Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public ent-ty, separate claims must be filed against each, public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end 37f--t h i s form. RE: Claim by ) Reserved for Clerk' s filing stamps Rosine Weisbrod ) FILA . Against the COUNTY OF CONTRA COSTA) NOV 2 y 1083 or DISTRICT) CLE A n.. 5Jd,_JVISQRS (Fill in name) ) "T n' B .. e The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 49. 00 and in support of this claim represents as follows: ------------------------------------------------------------------------ d 1. When did the amage or injury occur? (Give exact date and hour) August 20, 1983, aPP• ' 3 :50 ------=---- p.m. - Where id-the-dam-a-ge---o-r--i-n-j-u-r-y--o-c -c-u-r-?---(-I-n-c-l-u-de---c-i-t-y--a-nd---co-u-n--ty-)- ----- curb outside 12 Moraga Way, Orinda; Costra Costa County 3-. H------owd--idth-----ed----amage------or----- inj---ury--occur?-------------------------------------- (Give full details, use extra sheets if required) I was employed at the Reel Shop, a video store, and was carrying a video recorder to a customer's car. To get to the car, I had to cross behind a planter. There was a hole in the pavement there, and I fell in it; the recorder fell on my left hand. ( :See map. ) ------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Sidewalk in bad repair. Hole was four inches deep. ��� (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? Department of Public Works -- ---- ---------------------------------------------------------------- 6.--What-damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Lacerations and bruises, left hand and knee; severe bruises on left leg, slight bruises left shoulder. Pants torn out at the knee, watch crystal cracked, hand. swollen five days. ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) BART fare, Bayfair to Orina & return, 3 days @ $2. 50 - $7. 50 replacement cost of summer pants -$35. 00 replacement watch crystal (estimate) - 7. 00 ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. Eden Hospital, 20103 Lake Chabot Rd. , Castro Valley, Ca. Marilyn Catterton, 3 Poppy Lane, Orinda Leslie Sena, 19 Patricia Road, Orind.a ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 8/20/83 hospital emerg. - X rays $172.00 (Insurance claim filed. ) Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or some n on his behalf. " Name and Address of Attorney Claimant'LsSianatu e 18624 Sandy Road Address Castro Valley, Calif. 94546 Telephone No. Telephone No.- .582-3757 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 .fe.lony. " X99 o PAV�MEJUT, DEEP R rC _ 1 .2 HMA CA WA� s-U AAW 200 A CLAIM BQAm OF SUPRRVIsM OF CONTRA COSTA COM-VY, CALIFORNIA BOARD ACTION December 20, 1983 Claim Against the County, ) WM TO CLAUUM Routing Bndorsenents, and ) The copy of this document mailed tD you is your Board Action. (All Sectio ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , Government Code.) ) given pursuant to Govenv ent Code Sections 913 & 915.4. Please note the "Warning" below. Claimant: John A. Or t l an d Attorney: Elaine Olson Attorney at Law Address; 1316 Solano Avenue Albany, CA 94706 Amount: Unspecified Hand delivered delivery to clerk moi ; December 5 , 1983 By mail, postmarked onn 12/5/83 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted DAMM: 12/5/83 J.R. MSSCN, Clerk, , Deputy 4L;aitioun II. FFCM: County Counsel TO: Clerk of the Board of Supervisors (Check one only) This Claim omplies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to amply substantially with Sections 910 and 910.2, and we are so notifying clamant. The Board cannot act for 15 days (Section 910.8) . ( ) Claim is not timely filed. Board should reject claim on ground that it was filed late. (5911.2) L1ATID: ,(02-S-SS� JOHN Be CLAUSEDI, County Counsel, By Deputy II. BOAM CSR By unanimous vote -of Supervisors present (X ) This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I oertify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED: DEC 1qQ2 R. CdSSON, Clerk, b,�, )3�'aA� -F Deputy MATCM;G (Gov't. C. 5913) Subject to certain exceptions, you have only six (6) months from the date this notice was persopally delivered or deposited in the mail to file-a court action an this claim. See Government Code Sectio 945.6. You may seek the advice of any attorney of your choice in eonuiectio with this matter. If you want to consult an attorney, you should do so immediately. FOM: Clerk of the Board TO: County Counsel,, 2 County AdminiiUaitor Attached are copies of the above Claim. W notified the claimant of the Board's action on this Claim by mailing a copy of this document, and a mem thereof has been filed and endorsed on the Board's copy of this 201 Claim in a-,,-'lone with Sectio 29703. DAM): DEC 0 -1933 qty J. R. �.a9�1, Clerk, by F I CLAIM AGAINST LED f THE COUNTY OF C 64) J"/; 4 0-1 ' %' /1 (Government Code Section 910. et seq.) DEC J1983 J. R. OLSSON CLERK B.ARD OF SUPERVISORS Name, address and phone number of claimant. JOHN A - DRTLANDdP42&-ffZ9-Z4UtY • ��o /�'zc%Id �-��,[,� 9a.5' ��vze��u. �ti���zF.U- .�A 9 5� 7 0� ,b. ne Sal - 3s/7 i Name, address and phone number of person to receive notices concerning this claim. &4 9 O ���e ; S•28-Ds-id Date and .time when damage or injury occurred. 3 Cr Location of occurrence. Circumstances of occurrence.Gr!/� ti,�.�,u �- �Qi[!-l.`*-�Y�. if'%?ii vvcZfX.2. .�'"�J't-'l'�f��1 i.Q�� �.'�/i'���cty D?tf�pX ��nl�lt- �!'}�j•C�'L,Cu�rzdLc.t.U, �:�I�I.Q-C'2rc�.. J1,-t A4&; J ,� esti �1<yt'L,?,.I n.L, i7�t��1. 'L*i.-//�l•!/✓L-�-l� I u- 0 i + LtltlQi. nom-•-+-�a�iGr�., /�LtG,(? !.'��..�j� �,L-�—�.��,i v j;(Gl' .K. /lU✓i-��'L�7L• 1/1l={.�✓C�l.�t�F'�-l�lL�7't.lNl.�./'L.E `�/[.r ./i-`.!'�3"tfl."t'), 4L! Description of Ioyss, damage or injury.z�l � �_� accn� L. '_��-.. a= , tea}• (� �� -``� Name(s) of County employee(s) causing injury, damage or loss, if known.; ,�, "UJBJ.d a� {(/ t1i(/n, ,. ���-rLG2�N��j)_U�/tfc�7� 1��.1-r-r/X,�r�_t.y_ ��j'l�n-�G�L4�l�.fieL� N� DIlE.�1 -`k�f 4.L.2-lI`tc;:z�};.�:-vc<<: -�'��l�,z/Phi1.•tiit,LGZ.i..� •-1�1--(/.—vi•i .�Guy�"� �.-l�/[:yNz'K�•. ^���2��GC /�i.���4 /�Y�.�('c'1 =.J-LL-�� ���.iLti�:7✓Yl,�-C /CJS J �^-. /C.v'y �2,'.� h�.'tl.•�;-i•i••<< [:`� �%1`ZlYi/'iZ.,l: C.GY.eLvGl•e.r ��•'.cn•C/�!(�t�j ��� i . Amount claimed at present including estimated amount of any prospective loss. aL`C -GrL"t° Names and addresses of witnesses, doctors and/or hospitals. �.- n�'L{Qr'AWLG.&•' 2.Lsr> 77'L ,�J2�Zl�iE- /LJt'�v✓'s '�-/J. �C•"/�-a"Z �?ti�Giv,Ll /,11 7{ C[- f1i ZC,Q ✓3�J•LT Ci.R- — tt.�.a,e�( Claim must be signed and dated by claimant or person acting on claimant's behalf. DATED: _ I SIGNED: Claimant(s) SEE BACK OF LAST PAGE FOR INSTRUCTIONS (If more space is required, 202 attach additional pages) nhAI /1 Q7 AMIENDED'CLAIM BOARD OF SUIPERVOF MWRA C0SM COU:TY, CAL EaWIA BOARD ACTION Claim Against the County, ) N= Ta CGATMAW December 20, 1983 Pouting Fidorsements, and ) 7he copy of this document mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , Gbvertment Code.) ) given pursuant to GDvernment Code Sections 913 915.4. Please note the "Warning" below. Claimant: City of Antioch Attorney: Gary M. Lepper ' Stoddard Lepper & Falco - Address: 1601 N. California Blvd -Talnut Creek, CA 94596 Amount: Unspecified By delivery to Clerk on Date ROMived: December 2 , 1983 By mail, postmarked on _1/3 8; I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim. DATED: 12/2/83 J.R. OQSSO[iT, Clerk, Pay . Deputy Kelly R ' Qn1hniiZI II. FROM: County Cb TO: Clerk of the Board of Supervisors (Check one only) �) This Claim om plies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to amply 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. Board should reject claim on ground that it was filed late. (5911.2) DATED: JOHN B. CLNUSEN, County Counsel, By ► Deputy III. BQkRD OHXR By unanimous vote o Supervisors presefit (�) This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. nAT DEC 2 01983 J.R. OESSON Clerk C? Ccs , by . qty WARMiG (Gov't. C. 5913) Subject to certain a ceptions, you haw only six (6) months from the date this notice was personally delivered or deposited in the mail to file-a court action on this claim. See CPovernment Code Section 945.6. You may seek the advice of any attorney of your choice in c -xnection with this matter. If you want to consult an attorney, you should do so immediately. FROM: MOR of the RM TO: County Counsel, 2 County strator Attached are copies of the above Claim. We notified the claimant of the Board's action on this Claim by mailing a cyapy of this document, and a 2 mero thereof has been filed and endorsed oar the Board's copy of this 03 Claim in accordance with Section 29703. DATED: r� �. n 1Q83 J. R. CQSSCN Clerk, by I�4�X�C � I?�Cc4t".o F Deputy DATE: November 21 1983 :Zputv TO: COUNTY OF CONTRA COSTA c/o CLERK OF THE BOARD OF SUPERVISORS Administration Building, #106 RS Martinez, CA 94553 SUBJECT: CLAIM FOR INDEMNITY AND CONTRIBUTION Pursuant to §S 900 et seq. of the California Government Code PLEASE TAKE NOTICE that a claim for indemnity and contribution is hereby made by the CITY OF ANTIOCH against the COUNTY OF CONTRA COSTA. CLAIMANT: CITY OF ANTIOCH NOTICES: Notices are to be sent to Gary M. Lepper, STODDARD, LEPPER & FALCO, 1601 N. California Blvd. , Walnut Creek, CA 94596 . OCCURRENCE GIVING RISE TO CLAIM: MICHAEL QUINTANA, SR. and CARMEN QUINTANA are the heirs of MICHAEL QUINTANA, JR. In a complaint filed on July 14 , 1983 (a copy is attached) , plaintiffs allege the wrongful death of MICHAEL QUINTANA, JR. and plaintiff MICHAEL QUINTANA, SR. alleges emotional distress as a result of personally witnessing the accident which resulted in the death of his son. IDENTITY OF PUBLIC EMPLOYEES: At this time, the CITY OF ANTIOCH does not know the name (s)of the public employee (s) causing the damage. DAMAGES/INJURIES: Plaintiffs allege damages arising from the death of their son and from plaintiff MICHAEL QUINTANA's personally wit- nessing the accident which led to that death, all in a manner more specifically related in the attached complaint. CITY OF 204 ANTIOCH seeks indemnity and contribution from COUNTY OF CONTRA COSTA. DATED: November 21, 1983STODD RD, LE P R & FALCO N ,,'tt#neyP for Cl ant CI OF ANTIOC� 205 dim �TTORNE Y OR P-1-ATY WITHOUT ATTORNE' _ D ADDRESS) ( !,..ONr FOR COURT USE ONLY ROBLRT • A. HUDDLESTON', 2'SQ. (415) 820-5155 DEtJNI.S J. TONSING, ESQ. TONSING & HEIMANN, A Professional Corporation 315 Diablo Road, Suite 222, Danville ,._CA 94526 ' ;TTORNEYFOR(NAME) Plaintiffs ,;U EP RIOR COURT OF CALIFORNIA. COUNTY OF CONTRA COSTA • ' D 725 Court Street JUL 14 1983 P. 0 . Box 911 Martinez , California 94553 J•P. OLSSON, CounlyClerk By CONTRA COSTA COUNTY PLAINTIFF. S.Lee,Deputy MICHAEL QUINTANA, SR. , CARMEN QUINTANA, DEFENDANT. COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA;.,CITY OF ANTIOCH ;D DOES t TO 9 0 CASE NUMBER COMPLAINT—Personal Injury, Property Damage, Wrongful Death MOTOR VEHICLE ®OTHER(spectly): 2494(?, MProperty Damage I'M Wrongful Death O•L =Personal Injury [J Other Damages (specify): 1 This pleading. including attachments and exhibits. consists of the following number of pages 7 2 a Each plaintiff named above is a competent adult Except plainiiff(name) M a corporation qualified to do business in California C an unincorporated entity(describe) =a public entity(describe). M a minor C an adult = for whom a guardian or conservator of the estate or a guardian ad litem has been appointed 0 other(specify): M other(specify).- =Except specify)=Except plaintiff(name): Ma corporation qualified to do business in California Man unincorporated entity(describe): =a public entity(describe): =a minor Man adult =for whom a guardian or conservator of the estate or a guardian ad litem has been appointed =other(specify): 0 other(specify). RECEIVED b. =Plaintiff(name): OCT 1 ; 1983 is doing business under the fictitious name of(specify): and has complied with the fictitious business name laws. CITY TrOF TTORH NE C. =Information about additional plaintiffs who are not competent adults is shown in Complaint— Attachment 2c. (Continued) Form Approved by the Judea Councilor 1.19rnle COMPLAINT—Personal Injury, Pro Properly Damage, Effective January 982.1(1) 'sB2 Wrongful DatP206 CCP 425.12 PL1 5`i 1-82 SHORT TITLE: CASE NUMBER.- /QUINTANA V. COUNTY OF CONTRA COSTA, et al . 4P COMPLAINT—Personal Injury, Property Damage,Wrongful Death _ 3. a. Each defendant named above is a natural person ® Except defendant(name): LXj Except defendant(name): COUNTY OF CONTRA COSTA STATE OF CALIFORNIA CD a business organization, form unknown Q a business organization. form unknown F-1 a corporation Q a corporation 0 an unincorporated entity(describe): 0 an unincorporated entity(describe): a public entity(describe): COUNTY �]a public entity(describe): STATE other(specify): CD Other(specify): Except defendant(name): Q Except defendant(name): CITY OF ANTIOCH C a business organization. form unknown G1 a business organization. form unknown L� a corporation a corporation —1 an unincorporated entity(describe): an unincorporated entity(describe): a public entity(describe): CITY •��,a public entity(describe): other(specify): C other(specify): b The true names and capacities of defendants sued as Does are unknown to plaintiff. c 77 Information about additional delendants 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): d = Plaintiff is required to comply wit` a c41ms statute. and a. plaintiff has complied with applicable clams statutes. or - b plaintiff is excused from complying because(specify): 5. This court is the proper court because at least one defendant now resides in its jurisdictional area. the principal place of business of a corporation or unincorporated association is in its jurisdictional area. -nlury to person or damage to personal property occurred in its jurisdictional area. other(specify): 6. 1 The following paragraphs of this complaint are alleged on information and belief(specify paragraph numbers): (Continued) Pag.two 20d :!10RT TITLE CASE HUMBER QUINTANA V. COUNTY OF CONTRA COSTA, et al . VD / COMPLAINT—Personal Injury, Property Damage, Wrongful Death (Continued) Cage tmee 7. [g] The damages claimed for wrongful death and the relationships'of plaintiff to the deceased are =listed in Complaint—Attachment 7 ®as follows: MICHAEL QUINTANA, SR, is the father of the decedent. Carmen Quintana is the mother of the decedent. Both plaintiffs are the heirs of the decedent and claim damages for the loss of love, companionship, comfort, affection, funeral and burial expenses, society, solace or moral support, and the loss of physical assistance in the operation and management of the home and all other pecuniary damages. S. Plaintiff has suffered �]wage loss loss of use of property []hospital and medical expenses ®general damage �]property damage loss of earning capacity other damage (specify): 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 compensatory damages [Xg{(Superior Court) according to proof. (Municipal and Justice Couit) in the amount of 5 [] 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.) CD Motor Vehicle General Negligence []Intentional Tort []Products Liability 0 Premises Liability [�Other(specify): pENNIS JTONSING (Type or print name) (Signal'ure of plaintiff attor Y) f r COMPLAINT—Personal Injury, Property Damage, Pace three Rule 982.1(1)(eont'd) Wrongful Death (Continued) 208 CCP 425 12 PL1A 51.1 1-82 TORT TITLE: , j ( CASE r4uLmEn QUINTANA. V. COUNTY OF CONTRA COSTA, et al . � FIRST CAUSE OF ACTION—Premises Liability Page four.. (number) ATTACHMENT TO ®Complaint M Cross-Complaint (Use a separate cause of action form for each cause of action.) MICHAEL QUINTANA, SR. , CARMEN QUINTANA, Prem.L-1. Plaintiff(name): alleges the acts of defendants were the legal(proximate) cause of damages to plaintiff. On (date):OCtober 3 , 1982 plaintiff was injured on the following premises in the following fashion (description of premises and circumstances of injury): The decedent, MICHAEL A. QUINTAN1 JR. ' was driving a motorcycle west-bound on Wilbur Avenue in or near the City of Antioch , in the County of Contra 'Costa, State of• Californ: and he lost control of his motorcycle due to an obstruction in the roadway. Plaintiffs are informed and believe and thereupon allege that the obstructions causing the decedent to lose control of his motorcycle were a pipe sticking up in the middle of the road and a curb or berm on the side of the road that was not clearly marked. Defendants owned the road or road bed on which the -accident occurred or the pipe or obstruction in the roadway . Prem.L-2. Count One—Negtlgence The defendants who negligently owned, maintained, managed and operated the described premises were(names): �]Does__.___ to Prem.L-3. Count Two—Willful Failure to Warn (Civil Code section 8461 The defendant owners who willfully or maliciously tailed to guard or warn against a dangerous condition, use, structure• or activity were (names): Q Does to .Plaintiff, a recreational user,was E)an invited guest [=)a paying guest. Prem.L-4. [ y 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,. the CITY OF ANTIOCH and the STATE OF CALIFORNIA and ® Does ..-1 .. .. to a. ® The defendant public entity had ®actual/constructive notice of the existence of the dangerous condition in sufficient lime prior to the injury to have corrected it. b. CM The condition was created by employees of the defendant public entity. Prem.L-5. a. ® 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): ® Does 1 to b. ® The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are ®described in attachment Prem.L-5.b M as follows(names): • i Form Approved by the Judicial Council of California £°°`Au a W 1(S)1 1. g82 CAUSE OF ACTION—Prernlses Liability cco 425.12 PL> 54%1 1- 82 ATTACHMENT PREM.L-S.b Defendant does 1 through 50 are liable to plaintiffs because each of them either owned the premises on which the accident occurred, owned the pipe or other obstruction that stuck up out of the road, maintained the premises on which the accident occurred or the pipe or other obstruction that stuck up out of the road, or in- spected or supervised or controlled the premises on which the accident occurred or the pipe or other. obstruction that stuck ug out of the road. Plaintiffs allege that defendant does l through 50 acted negligently in the ownership, maintenance , inspection, supervision , or control of the premises on which the accident occurred or with regard to the pipe or other obstruction that stuck up out of the road and that this caused the accident that occurred on October 3, 1982 . 210 ;HOfi.T Z ITLE CASE NUMBER QUINTANA V. COUNTY OF CONTRA COSTA, et al . i✓ / SECOND CAUSE OF ACTION—General Negligence Page five (number) ATTACHMENT TO ®Complaint []Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff(name): MICHAEL QUINTANA, SR. , CARMEN QUINTANA, alleges that defendant(name): COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, CITY OF ANTIOCH LX Does l to-50 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). October 3 , 1982 at(place): Wilbur Avenue, in or near Antioch , California (description of reasons for liability): Defendants are liable to plaintiffs because each of them either owned the road or road bed on which the accident occurred , owned the pipe or other obstruction that stuck up out of the road, maintained the road or road bed on which the accident occurred or the pipe or other obstruction that stuck up out of the road, or inspected or supervised or controlled the road or road bed on which the accident occurred or the pipe or other obstruction that stuck up out of the road. Plaintiffs allege that defendants acted negligently in the ownership, maintenance , inspection , supervision, or control of the road or road bed on which the accident occurred or with regard to the pipe or other obstruction that stuck up out of the road and that this caused the accident that occurred on October 3 , 1982 . Form Approved by the Judlcual Council of California EhecrRule 882 iii 1982 CAUSE OF ACTION—General Negllgence 21-ACCP 425 12 PL3 5r1 1-82 SHORT TITLE: CASE kuu+©Ea QUINTANA V. COUNTY OF CONTRA COSTA, et al. THIRD CAUSE OF ACTION—General Negligence Page six (number) ATTACHMENT TO ]Complaint MCross-Complaint • (Use a separate cause of action form for each cause of action.) GN-t. Plaintiff(name): MICHAEL QUINTANA, SR. , CARMEN QUINTANA alleges that defendant(name): COUNTY OF CONTRA COSTA, CITY OF ANTIOCH , STATE OF CALIFORNIA and MDoes 51 to 90 was the legal (proximate) cause o1 damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on(date): October. 3 , 1982 at(place) Wilbur Avenue , in or near the City of Antioch, County of Contra Costa , California. (description of reasons for liability): Defendants are liable to plaintiffs because they participated in the planning , design, construction , preparation of 'reports for the planning , design , repair , or construction, inspection , review, repair of the road , road bed , pipe , obstructing object, curb, or berm that caused the decedent to lose control of his motorcycle, crash , and die. • 212 Form Approved by the JuO,cw Counca of California EneC1Aule982ryii 19e2 CAUSE OF ACTION•—GeneralNegllgence CCP.:: 12 PL3 S'•: 1 -2^ INTY OF CONTRA COSTA, et al. CAUSE OF ACTION--General Negligence Page seven t - [ )dampfaint []Cross-Complaint. :ause o;action form for each cause of action.) name):MICHAEL QUINTANA, SR. that defendant(name):COUNTY OF CONTRA COSTA, CITY OF ANTIOCH, STATE OF . CALIFORNIA and a3 Does..._.1_._,_. to q t1 the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant iligently caused the damage to plaintiff ' (dare) October 3, 1982 (place) Near Antioch, California description of reasons for liability): ?laintiff MICHAEL QUINTANA, SR. , the father of the decedent, witnessed the accident that resulted" in his son' s death. The death of his son was caused by the negligence of the defendants in failing to properly construct , "maintain, or repair the road, road bed , or pipe or other obstruction that stuck up out of the road . As a result of the defendants ' negligence plaintiff MICHAEL QUINTANA, SR. saw his son crash and saw the serious in- jury that was inflicted upon his son that eventually resulted in his son' s death. As a result of witnessing the accident plaintiff MICHAEL QUINTANA, SR. has suffered shock and trauma to his nervous system with the result of nervous disturbances or disorders, headaches, hypertension, depression , and other related physical ailments. f 'Off"r.ppro.e0 by the .C.&I co4n4if of calitormis 1eCte 39°( tsai "eI3) CAUSE OF ACTION—General Negllgence CCP•zs 1? APPLICATION TO FILE LATE CLAIM BOARD OF SUPEF.VISORS OF CONTRA COSTM CLOUT-17 Y, GUIFOi2NIA BOARD ACTION December 20, Application to File Late ) NOTE TO APPLICANT 1983 Claim Against the County, ) The copy of this document mailed to you is your Routing Endorsements, and ) notice of the action taken on your application by Board Action. (All Section ) the Board of Supervisors (Pararr4ph III, below) , references are to California ) given pursuant to Government Code Sections 911.8 . Government Code.) ) and 915.4.. Please note the "Warning" below. `Claimant: Electronic Circuits , Inc Attorney: :Law Offices of Gilbert E . :Maines Address: GM Building, Suite 2410 39465 Paseo Padre Pkwy Amount: Fremont , CA 94538-2394 $500, 000. 00 By delivery to Clerk on Date Received: ;,-.c-: r 2 , 1983 By mail, postmarked on November I0 , 1983 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted nBylm�_Z�)el&Z n to File Late Claim. DATED: 12/2/83 J. R. OLSSON, Clerk, lllGr'y , Deputy KelXY R. Calhoun II. FRCM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6) . (�! ) The Board should deny this Application to File a Late Claim (Section 911.6) . DATED: JOHN B. CIAUSEN, County Counsel, By .,. '� .' . Deputy III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6) . Nk This Application to File Late Claim is denied (Section, 911.6) . I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED- DEC 2 019817, R. OI.SSON, Clerk, By y r� , ylcc �, , Deputy WARNING (Gov't.C. §911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation re- quirement) . See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your applica- tion for leave to present a late claim was denied. You may seek the advice of any attorney of your choice in connec- tion with this matter. If you want to consult an attorney, you should do so immediately. IV. FROM: Clerk of the Board TO: 1 County Counsel, 2 County Administrator Attached are copies of the above Application. We notified the applicant of the Board's action on this Application by mailing a copy of this document, and a nw..n thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATA: DEC 2 01983 J. R. MSSON Clerku BY .Pir.(, I�C_Cly,flow, Deputy V. FRONT: 1 County Counsel, 2 County Adrdnistrator MI : Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County AdTinistrator, By 214 APPLICATION TO FILE LATE CLAIM r I L E D APP?.7CATION FOR LEAVE TO PRESENT A LATE CLAIM PC o2 1G.03 (Government Code §911 . 4 R. OLSSON CLER ARD OF SUPERVISORS TO: CONTRA COSTA COUNTY SHERIFF' S DEPARTMENT (t NT T ut 1 . Application is hereby made for leave to present a late claim under §911 . 4 of the Government Code. The claim is filed under a cause of action for iniuries both to personal property and to the person of RICHARD A.• REAL, which accrued on or about May 6, 1983 and for which the County Counsels' Office of Contra Costa County advises that a claim was not timely presented. For addi- tional circumstances relating to the cause of action, reference is made to the Proposed Claim attached hereto as Exhibit A and made a part hereof. 2. The reason for the delay, if any, in presenting this claim is the mistake , inadvertence, surprise, and excusable neglect of counsel for the claimant in that claimant sought relief under Title XI and Title VII of the United States Bankruptcy Act on May 19 , 1983 . At that time, it was the understanding of the claimant and his counsel that any cause of action which existed became the ,property of the bankrupt estate. Through mistake, inadvertance or excusable neglect no attorney was appointed by the Bankruptcy Court to represent the interests of the estate and therefore there was no one authorized to pursue the cause of action. The County of Contra Costa was not prejudiced by the failure to timely file the claim inasmuch as the Contra Costa County Sheriff' s Office was aware of the incident which resulted in injury to claimant on the date of said incident and further was aware no later than May 7 , 1983 of claimant' s intention to present a claim for injuries. Contra Costa County became aware of iniuries to the claimant through a series of telephone calls to one Sgt. Carter of the Civil Division of the Contra Costa County Sheriff' s Department informing him of injuries to the claimant and further informing him that a claim would be filed at the first opportunity. 3. On November 8 , 1983 a letter was forwarded to the Board of Supervisors of Contra Costa County to explain the situation and further advise that a claim would be forthcoming as soon as authorized by the Bankruptcy Court. On or about November 21 , 1983 I called the Board of Supervisors to determine if my letter had been received and spoke with a young ladv named Kelly. I was advised that she had elected to treat the letter as a claim and that it was scheduled for Board of Supervisors action on December 13 , 1983. On November 28 , 1983 I received a form from County Counsels' office titled 'NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM." I have now been advised by the Bankruptcy Counsel for the Claimant that there is a motion pending for the dismissal of both the Chapter XI and Chapter VII proceedings and that I am now authorized to proceed with all causes of action on behalf of both the Corporate and individual claimant. 4. This application is presented within a reasonable time after the accrual of the cause of action. 21!5 WHEREFORE, it is respectfully_ requested that this application be granted, the attached claim be received and acted upon in . accordance with §§912. 4-912 . 8 of the Government Code. Dated: November 30 , 1983 GILBER . MAINES , Attorney for Claimants, RICHARD REAL and ELECTRONIC CIRCUITS, INC. , 216 1 GILBERT E. MAINES , P.C. 2 G M BUILDING, SUITE 2410 39465 Paseo Padre Parkway 3 Fremont, CA 94538 415-657-4830 4 Attorney for Plaintiffs 5 6 Claim of RICHARD REAL and NO. 7 ELECTRONIC CIRCUITS, INC. 8 Plaintiff, CLAIM FOR DAMAGES 9 vs. 10 CONTRA COSTA COUNTY 11 Defendant. 12 13 TO THE COUNTY OF CONTRA COSTA: 14 You are hereby notified that RICHARD REAL and ELECTRONIC 15 CIRCUITS, INC. , whose address is 1960 Arnold Industrial Place, 16 Concord, California, California, 94524 claims damages from the 17 the COUNTY OF CONTRA COSTA in the amount computed as of the date 18 of presentation of this claim of $500 ,000 .00. This claim is 19 based on injuries sustained by the claimant on or about May 6 , 20 1983 at 1960 Arnold Industrial Place , Concord, California, 21 under the following circumstances: 22 Claimant RICHARD REAL was the President and principal 23 stockholder of Claimant ELECTRONIC CIRCUITS, INC. , a California 24 Corporation. At the time and place indicated, the Civil Division 25 of the Contra Costa County Sheriff' s Office caused to be served 26 on ELECTRONIC CIRCUITS, INC. , a Writ of Execution purporting to 27 attach all of the equipment and fixtures of said corporation. 28 Said equipment and fixtures consisted of complex computer LAW OFFICES OF GILBERT E.MAINES ►�J A PROFESSIONAL CORPORATION d G M BUILDING.SUITE 241 O 39465 PASEO PADRE PARKWAY FREMONT.CA 94538-2394 TELEPHONE:(415)657.4830 I operated machinery which required skill and knowledge to discon- 2 nett and remove. Claimants are informed and believe that the 3 Writ of Execution authorizing the seizure of the equipment 4 advised the executing authority of the complexity of the problem 5 and further advised said officer that certain skilled personell 6 would be required to effect a proper taking of the equipment 7 without causing damage to said equipment. Claimants are further 8 informed and believe, that the officer in question, negligently 9 permitted the judgment creditor, for whose benefit the Writ of 10 Execution was issued, to effect the removal of the equipment and 11 in so doing, permitted the equipment to be substantially damaged 12 or destroyed. The damage and/or destruction of the equipment in 13 question was brought about when the officer in charge permitted 14 the agents of the judgment debtor to remove the equipment through 15 the use of cable and bolt cutters, instead of requiring that the 16 equipment be disconnected. Prior to the destruction of the 17 equipment, Claimant, RICHARD REAL had informed the officer in 18 charge that he was in the process of obtaining a Stay of 19 Execution from the Court that had issued the Writ. Although the 20 Stay was obtained, the equipment had been damaged or destroyed 21 before it could be served. The judgment which formed the basis 22 for the Writ of Execution has been subsequently set aside and is 23 now of no force or effect. 24 The injuries sustained by claimant as far as known as of 25 the day of presentation of this claim, consist of damages to the 26 equipment in question and injuries to the business and business 27 reputation of the claimants. In addition, it was necessary for LA 28 claimants to seek relief under the provisions of Chapters XII and w OFFICES or GILBERT E.MAINES A PROFESSIONAL CORPORATION ^ G M BUILDING.SUITE 241 O '/ 2 39465 PASEO PADRE PARKWAY ...YYY...VVV FREMONT.CA 945362394 TELEPHONE:(41 5)657.4830 1 VII of the Bankruptcy Act due to claimants inability to conduct 2 their business. Further, Claimants have suffered a substantial 3 loss of business and have been required to sell certain interests 4 in the business in order to obtain financing for new equipment to 5 replace that which was destroyed. 6 The amount claimed as of the date of presentation of this 7 claim is computed as follows: 8 Damages incurred to date: 9 Destruction and damage to equipment 10 (approximately) $ 90 ,000 . 00 11 Loss of business $350 ,OOD . 00 12 General damages $500 ,000 . 00 13 Damages incurred to date $940 ,000 . 00 14 15 Estimated prospective damages as far known: 16 Future expenses for damage to business 17 reputation $250 ,000 . 00 18 Future Loss of earnings $500 ,000 .00 19 Prospective general damages $500 ,000.00 20 Total estimated prospective damages $1 ,250 ,000. 00 21 Total Amount Claimed as of Date of 22 Presentation of this Claim $2 , 190 ,000. 00 23 24 All notices or other communications with regard to this 25 claim should be sent to Claimant, % GILBERT E. MAINES, 39465 26 Paseo Padre Parkway, Suite 2410, Fremont, Califonia 94538. 27 �f DATED: November 30 , 1983. (f 28 LAW OPPICKS OF GILBERT E.MAINE$ E. A PROP[6610NAL CORPORATION Attorney for Claimants G M BUILDING.SUITE 241 O 39465 PASEO PADRE PARKWAY FREMONT.CA 94538-2394 TELEPHONE:(41 5)657.4830 APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF OONm Comm COtlm'y, ^.,AT IFomm BOARD ACTION and as the Board ot Gommiss2.oners ot the Contra Costa ousing Decet^ber 20, 19 Application to File Late Authority. NOTE TO APPLICANT Clain Against the County, ) The copy of this document mailed to you is your Muting Endorsements, and ) notice of the action taken on your application by Board Action. (All Section ) the Board of Supervisors (Paragraph III, below) , references are to California ) given pursuant to Government Code Sections 911.8 Government Code.) ) and 915.4. Please note the "Warning" below. Claimant: David L. Campbell Attorney: Barry Bartholomew Knapp , Petersen & Clarke Address: 70 Universal City, California 63131 Arrou,t: Unspecified Via County Counsel By delivery to Clerk on 12. 1 A r R 3 Date Received: D e c er�b e r 19 , 1983 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Anplica"t�i�n to File Late Claim. DATED: 12/19/83 J. R. OLSSON, Clerk, By ,(,GC � , Deputy Kelly'K. Gal oun II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6) . ( /'Y,) The Board should deny this Application to File;a:Late;gCl * ion 911.6) . DATED: /7 - 2F-8,7 JOHN B. CLAUSEN, County Counsel, , Deputy III. BOARD ORDER By unanimous vote of Supervls presen (Check one only) ( ) This Application is granted (Section 911.6) . ( This Application to File Late Claim is denied (Section 911.6) . I certify that this is a true and correct copy of the Board's Order entered in its minuteCss for this date. DATED- �a���' !J�J. R. OLSSON, Clerk, , Deputy 6ARTING (GovIt.C. 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation re- quirement) . See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your applica- tion for leave to present a late claim was denied. You may seek the advice of any attorney of your choice in connec- tion with this matter. If you want to consult an attorney, you should do so immediately. IV. FROM: Clerk of the Board TO: 1 County Counsel, 2 County Administrator Attached are copies of the above Application. We notified the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: /o7 0?0 S'3 J. R. OISSON, Clerk, By , Deput_y 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 220 APPLICATION TO FILE LATE CLAIM COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: December 19, 1983 To: Board of 'Supervisors as Board of Commissioners of the .Housing Authority From: John B. Clausen, County Counsel = r By: Elizabeth B. Hearey, Deputy �o t Counsel Re: Application for Leave to File a Late Claim by David L. Campbell David L. Campbell' s Application for Leave to File a Late Claim with the Housing Authority should be denied on December 20 , 1983. A copy of the application is attached for your files. EBH:te attach. cc: Perfecto Villarreal,. Executive Director Housing Authority Frank Bray County Administrator Attn: C. Hammond 1J L L ( 1. P. O:`SON r�cu(, F,•^.•. ;: ;;= 30PERVISORS co De u 221 w L7, KNAPP, PETERSEN a CLARKE A PROFESSIONAL CORPORATION LAW YE RS RYAN C.KNAPP SUITE 400 DONALD C.PETERSEN LAURENCE R.CLARKE 70 UNIVERSAL CITY PLAZA PHILLIP K.FIFE UNIVERSAL CITY,CALIFORNIA 91608 ROBERT W.CRAMER DAVID C.HABER (213) 508-5000 KEVIN J_STACK TERRY R.MENEFEE ANDRE E.JARDINI November 11 NEWPORT BEACH OFFICE Nove BARRY BARTHOLOMEW , 19 8 3 RONALD ZUREK SUITE 275 MARILYN M.SMITH 1601 DOVE STREET PETER J.SENUTY CHRISTOPHER P.WE51ERSKI Board Of Directors, Housing Authority NEWPORT BEACH,CALIFORNIA 92GG0 REGINALD D.GREENE (714) 851-8600 DAVID L BELL of Contra Costa County JOSEPH E.DuBO15 3133 Estudillo Street ROBERT T.LEPORE ALAN J.BEARDSLEY Martinez, CA 94553 DOUGLAS P.BEDARD RONALD W.HOPKINS THOMAS Y.LUCERO CHERYL S.NAKAZAWA J051AH C.BOGGS To Whom It May Concern: GWEN FREEMAN ROBERT F.BOLINGER,JR. RUSSELL N.SWERDON pursuant to Government Code SS905, et seq. , and 911. 4, CYNTHIA A.TRANGSRUD THOMAS J.RITTENBURG et seq. , please be advised that David L. Campbell, defendant in a series of cases consolidated under Case No. CV83 1314 AAH (JRx) in the United States District Court for the Central District of California hereby presents a claim not timely presented in that he seeks to cross-complain against the Housing Authority of Contra Costa County for equitable indemnity for all causes of action for which David L. Campbell is a defendant in the designated litigation. David L. Campbell was served with the complaint in this action on or about March 4, 1983, in St. Louis, Missouri. This claim was not presented within 100 days of service of the complaint for the following reasons: A. The complaint was served in St. Louis, Missouri and was not referred to a California law firm until May of 1983. Shortly thereafter, counsel for Campbell received notice of an automatic stay in bankruptcy pursuant to Section 362 (a) of the Bankruptcy Code. The effect of this stay, a copy of which is attached, was to stay the entire litiga- tion to which Campbell had been made a party. B. A number of Federal causes of action have been alleged against Campbell and others. Under the Doctrine of Federal Supremacy, the extent to which State procedural requirements must be complied with is unclear. Several of the Federal causes of action are based upon statutory DWM1-1516-83 222 Board of Directors, Housing Authority of Contra Costa County November 11, 1983 Page 2' jurisdictional grounds which may super- sede the Government Code of the State of California. C. It was not and is not clear whether the claim of Campbell against the Housing Authority of Contra Costa County falls within the exemption afforded by Govern- ment Code §905 (g) , which exempts "claims for principal or interest upon any bonds" from the requirements of filing claims with a municipality. The contents of the claim, as indicated by Government Code Section 910, are as follows: Name and Address of Claimant .David L. Campbell 10411 Clayton Road Suite 304 St. Louis, Missouri 63131 Name and Address of Attorney Presenting Claim Barry Bartholomew Knapp, Petersen & Clarke 70 Universal City Plaza Suite 400 Universal City, California 91608 Circumstances of Occurrence David L. Campbell seeks to cross-complain against the Housing Authority of Contra Costa County for equitable indemnity in a series of consolidated lawsuits in which Campbell appears as a defendant. The cases concern a series of municipal bonds issued by Muir California Health Recreational and Retirement Facilities, Inc. s_ Description of Indebtedness In such indebtedness will not become definite unless and until judgment is entered in the above-mentioned case or cases. 223 Board of Directors, Housing Authority of Contra Costa County November 11, 1983 Page 3- Public Employees Causing Injury, Damage or Loss Unknown at present. Amount Claimed Any amount made payable from David L. Campbell to any other party as a result of the cases consolidated under Case No. CV83 1315 AAH (JRx) in the United States District Court for the Central District of California. This document is accompanied by: 1. The stay issued by United States District Judge Laughlin Waters on June 22, 1983, issued before the 100 day period had passed and which by its terms stays all litigation involving Gibralco, Inc. , a defendant and cross-defendant in the above-mentioned consolidated cases in which David L. Campbell appears as a defendant; 2. A copy of the claim presented on behalf of David L. Campbell, as required by Government Code Section 911. 4. Pursuant to Government Code Section 910. 2, this letter is signed by Barry Bartholomew, attorney of record for David L. Campbell, on behalf of David L. Campbell. KNAPP, RSEN & C RRY THO EW for I CAMPBELL BB:cf 224 CLAIM BOARD OF SLIPERVI90RS OF CotMA COSTA COU:TY, allM ENIA BMW ACTION Claim t the County,, ) IV= 70 CLAIMiW D e c enb e r 201, 1983 Rx*ing Endorsements, nd ) The copy of this document mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , Govierrynent Code.) ) given pursuant to Goverzment Code Sections 913 i 915.4. Please note the "Warning" below. . Claimant: Kenya Naomi Maxwell Attorney: Bailey, Karpman & Spencer . Attorneys -at Law Address: 240 Stockton Street , 8th Floor San Francisco , CA 94108 Amount: Undetermined ' By delivery to Clerk on Date'Reoeived: December 5 , 1983 By mail, postmarked on 12/1/8 3 Certified Mail P 219 736 211, I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-rated Claim DATED: 12/5/83 J.R. OLSSON, Clerk, , Deputy Kell R. 'Calhoun II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check one only) This Claim complies substantially with Sections 910 and 910.2. C /a-w s iz� tisi t 0.risin W,C+1,,kh + /OU GlcAt,�5 (� ll v1 0 I , CGL rn This ClaiA FAILS to amply SL1,Dlstant sally with Sebtibns 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8) . � ) Claim is not timely fil . Board should reject claim on ground that it was filed late. (5911.2) . :c LCLLmS p r� nq cvo l r- . +t.��.�.. too 4 n h _ms s f Y t-0 t 1, -6 L'-'^� DATED: JOHN Be aLAUSE N, Comity l0o�se1, By • Deputy III. BOARD OAR By unanimous vote of Supervisors present ( This claim is rejected in full/e, Ua/rzs araul;y iovduys -/h C, Noll". (�) This claim is rejected in full because it was not presented within the time All by law,fie: &qim 5 ari,siny r»or-e, fhon/vU Gy3�" �o �'he /.,o hm e I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED: J.R. MZSCN, Clerk, ka<,l , Deputy WNMM (Gov't. C. 5913) Subject to certain you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file'a court action an this claim. See Government Code Section 945.6. You may seek the advice of any attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so Jrmmediately. FROM: Clerk of the Board 70: County Counsel,, 2 County AdminiiUaitor Attached are copies of the above Claim. We notified the claimant of the Board's action on this ClaiMr by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this 2 Claim in aoaordance with Section 29703. %. .. DATED: ���o?D�Sl-� _�J• Re CLSSON, Clerk, by Deputy I BAILEY, KARPMAN & SPENCER Attorneys at Law . A Professional Corporation 2 - F L E D 240 Stockton Street, 8th Floor 3 San Francisco 94108 D E C T-19^6 (415)391-3400 ✓ 4 J, R. OLSSON Attorneys for ClaimantCLERK ARD OF ERVISORS 5 ,B T ":rude u 6 7 In the Matter of the Claim of 8 KENYA NAOMI MAXWELL, 9 Claimant, CLAIM 10 VS. 11 WEST CONTRA COSTA HOSPITAL DISTRICT. 12 13 TO: BOARD OF SUPERVISORS CONTRA COSTA COUNTY 14 15 CLAIMANT: 16 KENYA NAOMI MAXWELL By and through her Guardian 17 SERENA DENISE KNOWLES 240 South 22nd Street I8 Richmond, CA 94808 19 DATE OF ACCIDENT: 20 On or about October 18, 1982. 21 PLACE OF INCIDENT: 22 Brookside Hospital 2000 Vale Road 23 San Pablo, CA 94806 24 FACTS: 25 At the above-listed time and .place, claimant's decedent, 26 ZELDA MARIE KNOWLES, received an injection for the treatment of 226 I her asthma condition. No respirator was available for her use 2 and ^she was sent home. The following day she was found 3 unconscious in her home and she was hospitalized. She remained 4 in a coma until her death on August 28, 1983. 5 Claimant is the only surviving child of decedent ZELDA 6 MARIE KNOWLES. Claimant is a minor, aged 5 years, and is under ao 7 the guardianship of SERENA KNOWLES (appointed June 17, 1983) . o� 8 Brookside Hospital is a licensed health care facility owned u w 9 and operated by the WEST CONTRA COSTA HOSPITAL DISTRICT. w 10 WEST CONTRA COSTA HOSPITAL DISTRICT is liable to claimant U o � W o 11 for the wrongful death of decedent and all damage flowing there- ao c �a o 12 from proximately caused by its wrongful, intentional, or Z 8 -4 13 negligent acts or omissions in doing or failing to, among other Q e � aacc 14 things, properly treat, diagnose, and care for decedent, give 0 Lo a c 15 decedent the proper injections for her asthma condition, and 16 give decedent appropriate follow-up care. ° 17 WEST CONTRA COSTA HOSPITAL DISTRICT is liable to claimant Q a 18 for the loss of the financial support of decedent, for the loss 19 of the care, comfort, society, support and love of decedent, V 20 and for general damages. 0 21 Claimant demands that the WEST CONTRA COSTA HOSPITAL 22 DISTRICT indemnify her for the damages suffered as a result of �3 the negligent, wrongful and intentional conduct of the WEST 24 CONTRA COSTA HOSPITAL DISTRICT, Brookside Hospital, and their 25 agents, servants and employees (whose identities are presently 26 unknown to claimant) , which damages are in excess of $3 million. -2- 227 li[ NOTICES: 2 All notices or other communications with regard to this 3 claim should be sent to the claimant at the law offices of 4 BAILEY, KARPMAN & SPENCER, 240 Stockton Street, 8th Floor, 5 San Francisco, California 94108. 6 7 Dated: November 30, 1983. CJIG S1 SPENCER 9 10 11 12 zN o 13 14 15 .j 0 16 17 16 cn .2 19 20 21 22 23 24 25 26 -3-