HomeMy WebLinkAboutMINUTES - 10041983 - 1.17 CLAIM
BOARD OF SUPERVISORS OF CMTRA COSTA COUNTY, CALIFORNIA BOARD ACTION
October 4, 1983
Claim Against the County, ) W= 70 CLAII'=
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) ,
Goverrment Code.) ) given pursuant to Government Code Sections 913
6 915.4. Please note the %trning" below.
Claimant: Jason Pedersen, a minors by Janet Pedersen, Guardian
Attorney: Bostwick & Tehin
Nikolai Tehin, Esq. -
Address: One Lombard Street
San Francisco, CA 94111
Amount: $250, 000. 00
By delivery to Clerk on
Date Received: August 31, 1983mail postmarked on August�f983
%rtiYied Mail P 4Y/ ZV8 Z35
I. FROM: Clerk of the Board of Supervisors 70: County Counsel
Attached is a copy of the above-noted Claim
DATED: August 31, 198 R. OISSON, Clerk, By Deputy
Calnoun
II. FROM: County Counsel 70: Clerk of the Board of Supervisors
(Check one only)
( � ) This Claim complies substantially with Sections 910 and 910.2.
( ) This Claim FAIIS 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: JOHN B. CLWM8. county Counsel► By qty
III. BOARD CRt32 By unanurous vote of Supervisors present
This claim is rejected in full. •
( ) This claim is rejected in full because it was not presented within the time
allmvd 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: 4W 4 1983 J.R. OLSSCN. Clerk, Deputy
i4AY14MC (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
fi.le-a court action on this claim. See Government Code Section 945.6.
You may seek the advice of any attorney of your dioice in connection
with this matter. If you want to consult an attorney, you should do so
immediately.
IV. FROM: Clerk of the Board TO: County Counsel, 2 County X=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, arra a
mono thereof has been filed and endorsed on the Board's copy of this
Claim in accordance with Section 29703.
DAM: QG�, 41883 J. R. aassW, clerk. bW 1/11
187
t BOSTWICK do TEHIN
Attorneys at Law F L E D
One Lombard Street
San Francisco , California 94111 �. ,
(415) 421-5500
J. P. OLSSON
Attorneys for- Claimant �. so of SUPERVISORS
uly.
CLAIM AGAINST CONTRA COSTA COUNTY
HOSPITAL AND ITS GOVERNING BOARD AND COUNTY OF
CONTRA COSTA AND THE CLERK OF THE BOARD OF SUPERVISORS
TO: THE GOVERNING BOARD OF CONTRA COSTA COUNTY HOSPITAL, THE
CLERK OF THE BOARD OF SUPERVISORS FOR THE COUNTY OF CONTRA
COSTA:
The following claim for damages is hereby made by and
on behalf of JASON PEDERSEN, against you, and each of you , and
the particulars of the claim are as follows :
A. NAME AND ADDRESS OF CLAIMANT:
Jason Pedersen, a Minor by
Janet Pederson , Guardian
P.O. Box 953
Brentwood , California
B. ADDRESS TO WHICH NOTICES ARE TO BE SENT:
Bostwick do Tehin
Nikolai Tehin, Esq.
One Lombard Street
San Francisco, California 94111
C. AMOUNT OF CLAIM:
$250 ,000.00 general damages , plus special damages .
D. DATE AND PLACE OF OCCURRENCE:
That on or about May 23 , 1983 and thereafter ,
claimant JASON PEDERSEN was under the care and treatment of
CONTRA COSTA COUNTY HOSPITAL, Martinez, and its satellite
clinics , including the BRENTWOOD CLINIC, Brentwood, and
PITTSBURGH CLINIC, Pittsburgh, County of Contra Costa,
California.
E. OTHER CIRCUMSTANCES OF OCCURRENCE:
That on May 230 1983 , and for a period of time
thereafter , claimant consulted CONTRA COSTA COUNTY HOSPITAL,
BRENTWOOD CLINIC, and the PITTSBURGH CLINIC and its agents and
employees for the purpose of obtaining diagnosis and treatment
188
for and in connection with injuries to the foot That CONTRA
COSTA COUNTY HOSPITAL, BRENTWOOD CLINIC and PITTSBURGH CLINIC,
its physicians and other medical personnel , undertook and agreed
to diagnose and to care for and treat claimant and do all of the
things necessary and proper in connection therewith,- and said
CONTRA COSTA COUNTY HOSPITAL, BRENTWOOD CLINIC and PITTSBURGH
CLINIC thereafter entered into such employment , individually and
:by and through their employees and agents .
The CONTRA COSTA COUNTY HOSPITAL, .BRENTWOOD CLINIC and
PITTSBURGH CLINIC, in conjunction with others , were negligent
and careless in and about said care, treatment and diagnosis ,
thereby proximately causing the injuries and damages herein
alleged.
As a proximate result of the acts and omissions of the
CONTRA COSTA COUNTY HOSPITAL, BRENTWOOD CLINIC and PITTSBURGH
CLINIC, and its agents and employees , claimant was caused to
sustain injury and damage to the left great toe and foot and
other injuries presently undiagnosed.
F. ITEMIZATION OF INJURIES :
As a direct and proximate result of the aforementioned
matters , claimant JASON PEDERSEN has sustained permanent
injuries and impairment of bodily function and injury, including
but not limited to infection, gangrene, loss and impairment of
the left great toe and foot .
G. EMPLOYEES CAUSING INJURY AND DAMAGES:
The employees of CONTRA COSTA COUNTY HOSPITAL,
BRENTWOOD CLINIC and PITTSBURGH CLINIC responsible for the
occurrences identified herein are presently unknown.
H. NATURE AND EXTENT OF DAMAGES:
The amount claimed as of the date of the presentation
of this claim is $250 ,000 . 00 representing general damages for
personal injuries plus special damages including medical
expenses according to proof.
Dated: August 30 , 1983
BOSTWICK & TEHIN
BY
Niko i ehin
Attor s for Claimant
189
CLAIM
BOARD OF SUPERVISORS OF CaTRA COSTA COUTY, CALIFUFOIA BOARD ACTION
October 4, 1983
Claim Against the County? ) VNE Ta CLAIMA=
Routing Endorsements, and ) Rl:e copy of this d=snent 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) ,
Goverment code.) ) given pursuant to Government Code Sections 913
a 915.4. Please note the "Warning" below.
Claimant: Alfred Accurso
Attorney: Robert J . Bezemek
1419 Broadway, suite 625 -
Address: Oakland, CA 94612
Amounts $10 ,000 ,000. 00
By delivery to Clerk on
Date PeCeived: September 2 , 1983 By mail, postmarked on September 1 . 1983
I. F CM: Clerk of the Board of Supervisors 70: County Counsel
Attached is a copy of the above-noted Claim
9/2/83
RATED: J.R. OQSSON, Clerk, 'f , Deputy
Kell,47 R. Calhoun
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(Check one only)
( ) This Claim om plies substantially with Sections 910 and 910.2.
C 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) .
(X ) Claim is not timely filed. Board should reject claim on ground that it was
filed late. (§911.2)
DATED: JOM B. CUUMM, County Counsel, B]' . Deputy
III. BOARD OFE ER By unanimous vote of Supervisors prebent
( ) 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: QGf 41983 J.R. CaSSON, Clerk, 01
b!��4 . Deputy
i4f11*M4G (Gov't. C. 6913)
Subject to certain w=eptions, you have way six (6) months from
the date this notice way persoral.ly 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 correction
with this matter. If you want to conwalt an attorney, you should do so
bwedi.ately.
IV. FROM: Clerk of the Board 70: County Counsel, County KEMstrator
Attached are copies of the above Claim. We ratified the claimant of the
Board's action on this Claim by mailing a copy of this document, and a
mend thereof has been filed and endorsed an the Board's copy of this
Claim in accordance with Section 29703.
DATED: �'� 4 J. R. GLSS0N# Clerk,
cv'pilM 1:0: BOARD OF SUPERVISORS OF CONTRA COWT rF
o9flyfWapplicationto:
Instructions to ClaimantC!erk of the Board
F.O.Box 911
Martinez,California 94553
A. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops must be presented
not later than the 100th day after the accrual of the cause of
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
o�this form.
RE: Claim by ) Reserved for Clerk' s filirg stamps
ALFRED ACCURSOF L E D
)
Against the COUNTY OF CONTRA COSTA)
ILSor DISTRICT) CLE"I •�A6r. Oc EBV"•ORS
a
D ..
Fill in name) ) iF
uh
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $10 .000 . 000 .00
and in support of this claim represents as follows :
------------ ------------------------------------------------------ ---
1. When did the damage or injury occur? (Give exact date and hour]
December, 1981 through the present
-----------T--••-------- T-T--- ------ - ------ ---- --- -------
---
2. Where dzd the damage o-r-injury-occur?-- (Include- -city and-county)----
Martinez , Contra Costa County
---------------- --------H-ow--d--id--t-h-e---d-am--a-g-e-o-r-injury occur? (Give --- d-- ai---------------
use extra
sheets if .required)
On September 18 , 1981 , Alfred Accurso applied for the position of
Principal Real Property Agent. In or about December, 1981, he was
given an oral interview for the position and on December 11, 1981
----------icoutiaued-aa-attaCbeIar.�p-1.------------------------------
4 . What particular act or omission on the part of county or district
officers, servants or employees caused the injury or damage?
The acts or omissions on the part of the County and its officers,
servants or employees are described in point 3 above.
(over) 91
5: what are the names of county or district officers, servants or
employees causing the damage or injury?
Mike Walfo rd, Director of Public Works; Harry Cisterman, Director of Personnel;
William Hamilton, Director of Employee Relations; Paul Gavey, Principal Real Property
----Agentl and Robert P.�H-agai< . Manager., EM oyment Programs--------------------
6. What damage or in3uries do you claim resulted? 1Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage)
1. Violation of Accurso's right to fair examination and selection procedures;
2. Loss of appointment to the position of Principal Real Property Agent; (continued on
------------------------------------------------------------------at t)
7. How was the amount claimed above computed? (Include the estimate
amount of any prospective injury or damage. ) Damages are based upon the dif-
ference between pay at the Principal Real Property Agent rate and Accurso's current
salary, plus actual out-of-pocket costs and attorney's fees, and a minimum of $10,000.0
for emotional distress.
-------------------------------------------------------- ----- ----
8. Names and addresses of witnesses, doctors and hospity,,s.
Al Accurso (see address below) ; Mike Walford, Harry Cisterman, Mee Hamilton, Robert
Hagstrom (business address is County of Contra Costa, Martinez, -California)
Members of Board of Supervisors, Melvyn Wingett, County Administrator (business
address is County of Contra Costa, Martinez, California)
-------------------------------------------------------------------------
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
Exact amount of expenditures and costs not yet computed. Attorney's fees during 1982
and 1983 exceed $1,000.00. Costs exceed $50.00.
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 0
ROBERT J. BEZEMEK nt' s Signe
1419 Broadway, Suite 625 1980 Ayers Road
Oakland, CA 94612 Address
Cnncnrd, CA 9451
Telephone No. (415) 763-5690 Telephone No. 372-4634
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. "
192
3 . (continued)
the Personnel Department issued a report advising Accurso that
he had passed the oral interview and had been placed on an
employment referral list. On or about December 16 , 1981 , Accurso
complained about irregularities in the examination process to
the Personnel Department. Accurso ' s complaints were made to
Laurie Graham, an employee of that department. The complaints
were to no avail . On or about January 5 and 7, 1982 , Accurso
complained to Harry Cisterman, Director of Personnel , regarding
irregularities in the examination process. These complaints
were to no avail. In March of 1982 , Accurso wrote to the Board
of Supervisors at the County of Contra Costa regarding irregulari-
ties in the examination and selection process , all to no avail .
On April 14 , 1982 , Harry Cisterman advised Accurso that a recently
adopted management complaint procedure was the appropriate imthod of
redressing Accurso ' s complaints . Accurso invoked the management
complaint procedure and in April , May and June, 1982 , his then
attorney, Daniel Mitchell , wrote to Harry Cisterman attempting to
proceed to mediation of the complaints, as provided for in the
procedure . These efforts were to no avail as Cisterman ignored
most of Mitchell ' s communications . In June, July and August
of 1982 , Accurso ' s attorney,Gail Wetzel, attempted unsuccessfully
to arrange for mediation. Finally, mediation occurred in March, 1983 ,
after numerous delays by the County and its representatives. The
mediation was unsuccessful in resolving Mr. Accurso ' s complaints .
Mr . Accurso invoked the next step in the grievance procedure on or
about March 7 , 1983 , by appealing to Mr. Hamilton. On or about
May 11 , 1983 , Hamilton denied Mr. Accurso ' s complaint.
Mr . Accurso then attempted to invoke the next step in the management
complaint procedure which was to have a hearing before a panel of
management-level individuals . On July 28 , 1983 , Robert P. Hagstrom
and Harry D. Cisterman wrote to Accurso ' s representative that the
decision of the panel "cannot supersede County department heads
appointing authority. Therefore,, the panel does not have the power
to overrule the Public Works Director ' s appointment of the current
principal Real Property Agent . "
The above-referenced letter from Hagstrom and Cisterman establishes
that the management complaint procedure does not constitute an
effective remedy within the meaning of California law. Bernstein
v. Smutz (1937) 83 Cal .App. 2d 108 ; Martino v. Concord etc . Hosp. Dist.
(1965) 233 Cal.App. 2d 51 , 56 ; Rosenfeld v. Malcom (1966) 65 Cal -2d 559;
Diaz v. Quitoriano (1969) 268 Cal .App.2d 807 , 812 ; Alta-Dena Dairy v.
San Diego (1969) 271 Cal.App. 2d 66 , 73; Sunnyvale Public Safety Officers
Association v. Sunnyvale (1976) 55 Cal .App. 3d 732 , 735; Ramos v. Madera
(1971) 4 Cal. 3d 685 , 691; Frisco Land & Mining Co. v. California (1977)
74 Cal. App. 3rd 736 , 755 . Because the administrative remedy provided
in the management complaint procedure is inadequate, and was adopted
ATTACHMENT
(1) 193
3. (continued)
after the initial harm which is complained of , Accurso need not
exhaust these ineffective procedures any further .
This claim for damages sounds in both tort and contract. Time
for filing this claim has been extended by operation of law, and
by principles of equitable tolling because Accurso has been
pursuing an alternative administrative remedy, a remedy which
has brought to the attention of the County the harm of which he
complains. Elkins v. Derby (1974) 12 Cal . 3d 410 ; Myers v.
County of Orange (1970) 6 Cal.App. 3d 626 ; Addison v. State of
California (1978) 21 Cal . 3d 311; Jones v. Tracy School District
(1980) 27 Cal . 3d at 98 ; Boas v . San Diego (1980) 113 Cal .App. 3d
828 .
The damage and injury to Accurso occurred as follows:
1 . There were substantial irregularities in the examination
and selection process. These irregularities are summarized in
the attached letter of March 7 , 1983 , which is incorporated herein
by reference as set forth fully at length.
2 . The actions of the employer as described in the letter
of March 7 , 1983 established the following violations:
a. Breach of an implied in-law covenant of good faith
and fair dealing.
b. Intentional and negligent infliction of emotional
distress .
C . Negligent supervision of and by Public Works Director
Walford, Personnel Director Cisterman, and Paul Gavey. Retaliation
against Al Accurso because of his speech, age , cultural background
and national origin.
d. Breach of contract and violation of rules and regula-
tions.
e. Bias in the examination and selection process, in contra-
vention of California public policy.
f. Use of criteria for appointment which are irrelevant to
the job or not an appropriate or satisfactory measure of job per-
formance.
g. Fraud, deceit and misrepresentation.
ATTACHMENT
(2) 194
v
3. (continued)
h. Interference in contractual relations .
i. Defamation.
j . Malice , including abuse of their official positions
by Gavey , Cisterman, Hamilton and Walford.
3 . By creating an ineffective administrative procedure, and
by delaying the completion of that procedure, the County, its
officers, agents and representatives have committed the harm
described in No. 2 above.
5 . (continued)
Melvyn Wingett, County Administrator and members of the Board of
Supervisors .
6. (continued)
3. Back pay;
4. Emotional distress;
5. Compensatory, general and punitive damages;
6. Attorney's fees and costs of the exact amount of the damages or
injuries is not presently known, but exceeds $10,000.00.
ATTACHMENT
(3)
195
CLAIM
BOARD OF SUPERVISORS OF CORM CBPP, OOLDrY, CALIFORNIA BOARD ACTION
October 4 , 1983
Claim Against the County► ) DOTE TO CLAI<`4m
Routing Endorsements, and ) T'he 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 amerm ent Code Sections 913
& 915.4. Please note the "Warning" below.
Claimant Terri Cotten
Attorney: D. G . Davis
405 14th St . , Suite 1510
Address: Oakland, California 94612
Aurmt: $50 ,000. 00
By delivery to Clerk on
Date Received: September 2 , 1983 By mail, postmarked on e p t em e r , 19 8 3
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted Claim.
DATED: 9/2/83 J.R. CISSCNI Clerk, ► Deputy
e y a oun
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(Check one only)
(�(' ) This Claim complies substantially with Sections 910 and 910.2.
( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we
are so notifying claimant. The Board cannot act for 15 days (Section 910.8) .
( ) Claim is not timely filed. Board should reject claim on ground that it was
filed late. (§911.2)
DATED: q-&-p-
JOHN B. CZAUSSE7, County Counsel, By a Deputy
III. BOARD OREM By unanimous vote of Supervisors present
NThis 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: 6G-�- 41983 J.R. CESSM, Clerk, WV , . Deputy
WARUM (Gov't. C. 5913)
Subject to certain exoeptions, 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 G7vvrmaent Code Section 945.6.
You may seek the advice of any attorney of your choice in cmvwction
with this matter. If you want to =mult an attorney, you should do so
immediately.
N. FIM: Clerk of the Board TO: County Counseli, 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
mneriuc thereof has been filed and endorsed on the Board's copy of this
Claim in accordance with Section 29703.
DATED: OCT 41983 J. R. 018.9W. Clerk, by Deputy
96
F1 LEV
,
CLAIM AGAINST THE COUNTY OF CONTRA COSTt J. R. cissorI
CLE.'' BO OF SUPERVISOF.3
STA CO.
CLAIMANT' S NAME (print) ; Terri Cotten
CLAIMANT' S ADDRESS: 677 39th St. , Richmond, CA TELEPHON.E'(415) 832-7000
AMOUNT OF CLAIM $ 50,000.00 general & specials D.G. Jason Davis
ADDRESS TO WHICH NOTICES ARE TO BE SENT (print) 405 ,14th St. , Suite 1510:
Street or P.O. Box Number
Oakland, CA 94612
City Zip Code
DATE OF ACCIDENT: 8/19/83
LOCATION OF ACCIDENT: 24th and Mac Donald, Richmond
HOW DID ACCIDENT OCCUR: Claimant was a passenger in auto of Edward Campbell.
A County of Contra Costa Department of Animal Services vehicle ran a stop
sign and hit the auto driven by Mr. Campbell, injuring claimant.
DESCRIBE INJURY OR DAMAGE:
Injuries to head, neck and back
NAME OF PUBLIC EMPLOYEE (S) CAUSING INJURY OR DAMAGE, IF KNOWN:
Department of Animal Services truck - Anthony Borges, driver
ITEMIZATION OF CLAIM (List items totaling amount set forth above) :
Brookside Hospital $ as yet unknown
Dr. Eddie T. DeWeaver as yet unknown
General damages $ 50,000.00
TOTAL $ as yet undetermined.
Signed by or on behalf of Claimant-X
D.G. JAS DAVIS, Attorney at Law
Dated : August 31, 1983
197
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COMITY, CALIIVRNIA BOARD ACTION
October 4., 1983
Claim Against the County, ) NONE TO CLAIIomw
Idouting 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) ,
Government Code.) ) given pursuant to Gmmrnment Code Sections 913
& 915.4. Please note the "Warning" below.
Claimant: Edward Campbell
Attorney: D. G . Davis , Attorney at Law
405 14th Street , Suite 1510 -
Address: Oakland, CA 94612
Amount: $50,000. 00
By delivery to Clerk on
Date Receives: September 2 , 1983 By mail, postmarked on 2gXtember 1 . 1983
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted Claim.
DATED: 9/2/83 J.R. CISSCN, Clerk, , Deputy
Telly/R. Calhoun
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(Check one only)
(X ) This Claim oompnes substantially with Sections 910 and 910.2.
( ) This Claim FAILS to ecmply 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: -X3 JOHN B. CLAUSEDI, County Counsel, By , Deputy
III. BOARD ORDER 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.
OCT 41
DATED: J.R. OI.SSCN, Clerk, by . Deputy
WMW= (Gov't. C. S913)
Subject to certain exceptions, you have only six (6) months from
the date this entice was personally delivered or deposited in the mail to
file-a court action an this claim. See Gbvernnent Code Section 945.6.
You may seek the advice of any attorney of your choice in eorumection
with this matter. If you want to oossult an attorney, you should do so
immediately.
IV. FJM: Clerk of the Board 70: Cbunty 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
mem thereof has been filed and en<7orsed an the Board's copy of this
Claim in accordance with Section 29703.
DATED: OCT 4198 J. R. aas9oN, Cleric, b dl&�Deputy
198
6 � q
I 1
F L E D
CLAIM AGAINST THE COUNTY OF CONTRA COSTA
�. R. CLSSON
CLER OARD Or SUPERVISORS
CLAIMANT' S NAME (print) : Edward Campbell e ? TA
CLAIMANT' S ADDRESS-. 66 Fairmont, Apt. 301 TELEPHONE'(415) 832-7000
Oakland
AMOUNT OF CLAIM $_50,000.010 general & specials D.G. Jason Davis, Attorney at Law
ADDRESS TO WHICH NOTICES ARE TO BE SENT (print) : 405 14th St. , Suite 1510
Street or P .O. Box Number
Oakland, CA 94612
City Zip Code
DATE OF ACCIDENT: 8/19/83
LOCATION OF ACCIDENT: 24th and MacDonald, Richmond
HOW DID ACCIDENT OCCUR: A County of Contra Costa Department of Animal Services
truck ran a stop sign and hit the auto driven by the claimant.
DESCRIBE INJURY OR DAMAGE:
property damage; personal injuries to back, lower back, jamming of prosthesis
into knee
NAME OF PUBLIC EMPLOYEE (S) CAUSING INJURY OR DAMAGE, IF KNOWN:
Anthony Borges
ITEMIZATION OF CLAIM (List items totaling amount set forth above) :
Dr. Eddie T. DeWeaver $ to be determined
@@neral damages $ 50,000.00
$ i
I
TOTAL $ not yet determined
Signed by or on behalf of Claimant x `!
D.G. S N DA S, Attorney at Law
Dated ; 8/31/83 ,,_^ 199
CLAIM
BOARD OF SUPERVISORS OF CMMT A COSTA COLT.TY, CALIF017IA BOARD ACTION
claim Against the County, ) N= 70 CLAIMPM October 4, 1983
Fouting Endorse ants, 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) ,
Goverrment Code.) ) given pursuant to owermmnt Code Sections 913
& 915.4. Please note the "Warning" below.
Claimant: Ashok Vaish
Attorney: H. Sinclair Kerr, Jr. , Kaus & Kerr
155 Montgomery Street . , Suite 800 - -
Address: San Francisco, California 94104
Amount: $100 ,000. 00
By delivery to Clerk on
Date'Reoeived: September 1, 1983 By mail, postmarked on & 3 d.&
I. FROM: Clerk of the Hoard of Supervisors 70: County Counsel
Attached is a copy of the above-notedClaim.
DATED: 9/l/83 J.R. OESSaN, Clerk, By Deputy
Kelly X. C
II. FROM: County Counsel TO: Clerk of ek�aFd of Supervisors
(Check one only)
(f ) This Claim complies 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 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)
DATEo: 9_co-C63 JOHN Be cLAvsQu, County Counsel, By , Deputy
III. BOARD CRUM By unanumus vote of Supervisors present
(>I 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. J
DATED: OCT 41983 J.R. CLSSCN, Clerk, ,r/ , Deputy
WATOME (Govv't. C. 6913)
Subject to certain exceptions, you have only six (6) months from
the date this notioe waa personally delivered or deposited in the mail to
file-a court action on this claim. See O errment Code Section 945.6.
You may seek the advice of any attorney of your choice in connection
with this matter. If you want to cmzult an attorney, you should do so
immediately.
IV. FAC: Clerk of the kint 70: County , 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 d=xnent, and a
menet thereof has been filed and endorsed an the Board's copy of this
Claim in accordance with Section 29703.
DAM OCT 41983 J. R. cap SON, Clerk, by ��Deputy2 0 0,
H. Sinclair Kerr, Jr.
KAUS & KERR
1 155 Montgomery Street
Suite 800
2 San Fra7ncisco, California 94104
Telephone: (415) 981-7780
3
Attorneys for Claimant e01\6
4
5
6
7 In The Matter of The Claim Of :
ASHOK VAISH,
8
Claimant,
9 CLAIM FOR PROPERTY
VS. DAMAGE
10
CONTRA COSTA COUNTY, and DOES
11 1 through 25, inclusive.
12
Claimant, Ashok Vaish, hereby presents this claim to Contra
13
Costa County ("County" ) pursuant to Section 910 of the California
14
Government Code.
15
1 . The name and post office address of claimant are as
16
17 follows : Ashok Vaish, 92 Evergreen, Orinda, California 94563.
18 2. The post office address to which claimant desires
notice of this claim sent is: H. Sinclair Kerr, Jr. , Kaus &
19
20 Kerr, 155 Montgomery Street, Suite 800, San Francisco, Caifornia.
21- 3. Claimant is the owner of the real property located at
22 92 Evergreen, Orinda, California 94563.
23 4 . On or about March 2, 1983 , a landslide caused damage to
claimant' s property. The landslide appears to have been caused
24
25 by the negligence of the County. Overhill Road, which was
26 constructed by and is maintained by the County, failed in early
201
March, 1983, causing the landslide that damaged claimant' s
1 property. The failure appears to be caused by the failure of the
2 fill embankment supporting Overhill Road. The County negligently
3 constructed and maintained Overhill Road and was negligent in
4 allowing the failure of the embankment. This negligence caused
5 the landslide which damaged claimant ' s property.
6 5. So far as is known to claimant, as of the date of the
7 filing of this claim, claimant has incurred damages to his
8 property in an amount exceeding $100, 000.
9 6. Claimant does not know the name of the public employee
10 or employees, or entity or entities, who are responsible for the
11 condition which caused the property damage and therefore
12 designates said employees and entities as Does 1 through 25.
13 7. At the time of presentation of this claim, claimant
14 claims damages exceeding $100, 000, computed on the following
15 basis:
16 a) Property damages exceeding $100, 000.
17 b) Legal and expert fees exceeding $10, 000.
18 Dated: August 30 , 1983.
19 KAUS & E
20
21 By I
H. Sin lair rr, Jr.
22
23
24
25
26
b/tl8
202
(J. -
• • - - - . __..___ - _. _ Couniy Counsel
CLAIM CA 94553
BOARD OF SUPERVISORS OF COMA COSTA W-r.TY, CALIFORNIA BOARD ACTION
October 4, 1983
Claim Against the County, ) NOTE 10 CZADUM
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 Q vemnent Code Sections 913
& 915.4. Please note the "Warning" below.
Claimant: Thomas & Joyce DiMaggio
Attorney: Dennis J . Tonsing , Esq
-315 Diablo Road, Suite 222 _ -
Address: Danville, CA 94526
Amount: $1 , 000 , 000. 00
By delivery to Clerk on
Date'Raceived: August 29, 1983 By mail, postmarked on 3
Certified Mail P 299 002 745
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted
DATEO:August 29 , 1983 J.R. MZSON, Clerk, ," L {�l'll� , Deputy
Kea oun
II. FROM: County Counsel TO: Clerk of the board of Supervisors
(Check one only)
This Claim complies substantially with Sections 910 and 910.2.
( ) This Claim1 FA_TIS 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
�T
filed late. (5911.2) /,��,�*�T�����T /y�.� /yam
DATED: / / -�� JOHN Be W9V�Y, County Counsel, By
III. BCS CMER By unanimous vote of Supervisors present O
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: OCT _A L%3 J.R. CQSSON, Clerk, by Deputy
` i mnc ((; v't. C. 5913) -
Subject to certain exceptions, you bAve 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 Cavern e-nt 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. FROM: Clerk of the Board TO: County Oxmsel,, 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
memo thereof has been filed and endorsed on the Board's copy of this 202
Claim in accordance with Section 29703.
DATED, 41983 J. R. CQSSON, Clerk, by ty
I JPT
DENNIS J. TONSINGr ESQ.
2 TONSING & HEIMANN
A Professional Corporation
3 315 Diablo Road, Suite 222
Danville, CA 94526
4 Telephone: (415) 820-5155
5 Attorneys for Claimants
7
8 IN THE MATTER OF THE CLAIM OF
THOMAS PATRICK DIMAGGIO and NOTICE OF CLAIM AGAINST
9 JOYCE RITA DIMAGGIO, THE COUNTY OF CONTRA COSTA
10 Claimants,
11 V.
12 COUNTY OF CONTRA COSTA,
CALIFORNIA.
13
14
15 Thomas Patrick DiMaggio and Joyce Rita DiMaggio hereby
16 present this claim to the County of Contra Costa pursuant to
17 Government Code Section 910 .
18 1. The names and addresses of the claimants are as
19 follows :
20 Thomas Patrick DiMaggio
78 Atherton Avenue
21 Pittsburg, CA 94565
22 Joyce R. DiMaggio
78 Atherton Avenue
23 Pittsburg, CA 94565
24 2 . The address to which claimants desire notice of their
25 claim to be sent is :
26 Dennis J. Tonsing, Esq.
Tonsing & Heimann
27 315 Diablo Road, Suite 222
Danville, CA 94526
28
204
1 3 . On June 7 , 1983, at the intersection of Crestview
2 Drive and Hillsdale Drive in the City of Pittsburg, County of
3 Contra Costa, California, claimants Thomas Patrick DiMaggio and
4 Joyce Rita DiMaggio sustained personal injuries when their
5 vehicle collided with a truck driven by William Everett Kite .
6 A substantial factor in causing the accident was the negligent
7 construction, design, planning, maintenance, and supervision of
8 the roadway and adjacent areas . This breach of duty by the
9 County of Contra Costa created a hazardous and perilous situation
10 in that the view of Kite, who turned left from Hillsdale onto
11 Crestview, in front of the DiMaggios who were traveling south-
12 bound on Crestview, was dangerously impaired, obscured, and
13 obstructed.
14 4 . By reason of the breach of duty of the County of
15 Contra Costa referred to above, claimant Thomas Patrick DiMaggio
16 has suffered damage in the following particulars :
17 (a) Personal injuries, the extent of which have
18 not been determined;
19 (b) Pain, suffering, and physical disability as a
20 direct and proximate result of his personal injuries;
21
(c) As a further direct and proximate result of his
22 injuries, claimant Thomas Patrick DiMaggio has incurred
23 and will incur obligations and expenses, including loss
24 of past and future earnings, and medical and hospital
25 expenses according to proof;
26 (d) Claimant has suffered property damage in an
27 amount which is not presently ascertainable, but which is
28 not less than $4 ,000 .00 ;
205
-2-
1 (e) Claimant has been denied the conjugal society,
2 comfort, affection, companionship and love of his wife,
3 claimant Joyce Rita DiMaggio.
4 (f) As a result of the collision referred to above
5 claimant Thomas Patrick DiMaggio suffered emotional
6 distress by observing the condition of his wife
7 immediately following the incident.
8 5 . Claimant Joyce Rita DiMaggio has been damaged by
9 the County of Contra Costa' s breach of duty in the following
10 particulars :
11 (a) Personal injuries, including disfigurement,
12 the extent of which have not been determined;
13 (b) Pain, suffering, and physical disability as a
14 direct and proximate result of her personal injuries;
15 (c) As a further direct and proximate result of
16 her injuries, claimant Joyce Rita DiMaggio has incurred
17 and will incur obligations and expenses, including loss
18 of past and future earnings, and medical and hospital
19 expenses according to proof;
20 (d) Claimant has suffered property damage in an
21 amount which is not presently ascertainable, but which
22 is not less than $4, 000 .00 ;
23 (e) Claimant has been denied the conjugal society,
24 comfort, affection, companionship and love of her
25 husband, claimant Thomas Patrick DiMaggio.
26 (f) As a result of the collision referred to above
27 claimant Joyce Rita DiMaggio suffered emotional distress
28 by observing the condition of her husband immediately
200
-3-
1 following the incident .
2 6 . Claimants hereby claim One Million Dollars
3 ($1, 000, 000) in damages for personal injuries , loss of
4 consortium, damage to property, and any other damages sustained
5 as a result of the conduct of the County of Contra Costa and its
6 employees .
7
8 DATED; August :;'6 , 1983 TONSING & HEIMANN
A Professional Corporation
9
10 c
By
11 DENNIS�':. TONSING
12 Attorneys for Claimants
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-4- 207
CLAIM
BOAFO OF SUPERVI90RS OF CCWRA COSTA COLMWt CALTYWOM BOARD ACTION
Claim Against the County, ) NOTE TO CLAI AW October 4, 1983
Routing Endorsements, and ) The copy of this docanent mailed to you is your
Board Action. (All Section ) rctioe of the action taken on your claim by the
references are to California ) Board of supervisors (Paragraph III, below) ,
Goverment Code.) ) given pursuant to Government Code Sections 913
& 915.4. Please note the "Warning" below.
Claimant: Tim Allen
Attorney: Law Offices of
Ronald M. Abend, Inc. ,
Address: 11333 Broadway, Suite 840
Oakland, CA 94612
Amount: $250 ,000 . 00
By delivery to Clerk on
Date POoeived: September 2 , 1983 By mail, postmarked on Sevtember 2 . 1983
Certified Mail P 246 671 585
I. FRCM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted Claim.
DATM: 9/2/83 J.R. OISSON, clerk, 1� Deputy
e
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.
( ) 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) .
(X ) Claim is not timely filed. Board should reject claim on ground that it was
filed late. (§911.2)
DATED: JOHN B. CLALM N, County Counsel,, BYz41 4 Deputy
III. BOAM ORDER 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: QCT 41983 J.R. OLS9CN, Clerk, by . Deputy
WAXM%G (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 can 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 mint to consult an attorney, you should do so
1=sdiately.
IV. PA74: Clerk of the Board 10: County Qknsel, 2 County strator
Attached are copies of the above Claim. We notified the claimant of the
Board's action can this Claim by mailing a copy of this document, and a
mein thereof has been filed and endorsed can the Board's copy of this
Claim in accordance with Section 29703.
DATED: ®CY 41983 J. R. CII;W. Clerk, by Deputy
TYLER P. BERDING, ESQ.
RONALD F
LAOFFICES
OFRONALD OF RONALD M. ABEND, INC.
1333 Broadway, Suite 840
Oakland, California 94512 c
(415) 465-4430
Attorneys for Claimant CLEPNT F _�g' SUPERVl59C,
ju
CLAIM AGAINST PUBLIC ENTITY
[Government Code , 910.21
To: COUNTY OF CONTRA COSTA
Board of Supervisors
651 Pine Street, room 106
Martinez, California 94553
Re: 3841 La Colina Road
El Sobrante, California 94803
Tim Allen hereby makes claim against the COUNTY OF CONTRA
COSTA for the minimum sum of $250,000.00 and makes the following statements in
support of that claim:
1. Notices concerning the claim should be sent to the Law Offices of
Ronald M. Abend, Inc. , 1333 Broadway, Suite 840, Oakland, California
94612.
2. The date and place of occurrence giving rise to this claim are
March, 1983 at El Sobrante, Contra Costa County, California, at or
about the above-referenced address.
3. The circumstances giving rise to this claim are as follows: In
March, 1983 a massive landslide occurred in the vicinity of La Cima
Road and La Cresenta Road, in the City of El Sobrante, County of
Contra Costa, State of California. The landslide destroyed numerous
houses and severely damaged others. Other homes which are not
physically damaged have suffered severe diminution in value, and all
L . 209
residents have suffered emotional distress, inconvenience, and financial
hardship as a result of the slide. The slide originated on land owned
by the East Bay Regional Park District, within the City of Richmond,
and the County of Contra Costa. Claimant is informed and believes
the East Bay Municipal Utility District water lines and the West Contra
Costa Sanitary District lines contributed to the damage resulting from
the slide.
4. Claimant's injuries are in excess of $250,000.00 for property
damage, emotional distress, and further and other economic loss.
5. The names of the public employees causing the claimant's injuries
are unknown.
6. The claim as of this date is in excess of $250,000.00.
7 . Compilation of claim and damages:
1. Total loss of house and other improvements, value:
not applicable ; or
2. Repairable damage to house and appurtenant structures,
estimated cost of repair $ not applicable ;
Description of damage:
3. Damage to land, (walls, fences, grading, drainage, utilities,
landscaping), estimated cost of repair: stabilizing foundation
and Lot only:
not applicable ;
4. Personal property damaged, value $ none ;
2 210
5. Emotional distress, estimated $ not presently
ascertained
6. Other losses described below, estimate $ in excess of
$250,000.00; Mr. Allen filed this Claim to prevent
foreseeable future damage to the Lot and improvements i
located at 3841 La Colina, El Sobrante, California.
TOTAL ESTIMATED CLAIM: $ excess of $250,000.00
Dated: August 31, 1983
Law Of es of Ro ald M. bend, Inc.
B
e a of
Claimant
0
3 211
AMEND$D •CLAIM
BOARD OF SUPERVISORS OF SRA COSTA COU:•TY, CALIFORNIA BOARD ACTION
October 4., 1983.
Claim Against the County, ) NOTE TO CLADVW
Routing Err7orsements, 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
& 915.4. Please note the "Warning" below.
Claimant: ( aallibu Grand Prix,
Attorney: Robert A. Ford, Case , Ford, Blake & Burland
-550 California Street. , Suite 100
Address: San Francisco , California 94104
Amount: Unspecified
By delivery to Clerk on
Date Received: August 31, 1983 By mail, postmarked on Auep s t 3 0 . 19 8 3
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted Claim.
DATED:August 31, 198.2r.R. CLSSCN, Clerk, By , Deputy
e Calhoun
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(Check er�eCl may)
( >U ThisAClaim complies substantially with Sections 910 and 910.2.
( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we
are so notifying claimant. The Board cannot act for 15 days (Section 910.8) .
( ) Claim is not timely filed. Board should reject claim on ground that it was
filed late. (§911.2)
HATED: 1-!0-83 JOHN Be CLAUSEN, County Counsel, By Deputy
III. COD By unanimous vote of Supervisors present
nen
( Thi 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 Dopy of the Board's Order entered
in its minutes for this date.
DATED: OCT 41983 J.R. M SSCNF Clerk, by , Deputy
WABOM G (Gov't. C. $913)
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 any attorney of your choice in connection
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 3AMstrator
Attached are copies of the above Claim. Vie notified the claimant of the
Board's action an this Claim by mailing a copy of this document, arra a 912
mem thereof has been filed and er4orsed on the Board's copy of this
Claim in accordance with Section 29703.
DAA OCT 41983 J. R. CQ.S.",q Clerk, Deputy
EI LE ®
r,i J r, �/ '.A
x
CLAIM AGAINST THE COUNTY OF CONTRA COST J. R. OLSSON
CLERY OARD OF SUPER
B i Sj� Co.
Pursuant to Government Code, sections 900, et sec. . ,
MALIBU GRAND PRIX through its attorneys presents the following
claim against the County of Contra Costa:
CLAIMANT'S NAME: Malibu Grand Prix
CLAIMANT' S ADDRESS : 21300 Califa Street
Woodland Hills , CA 91367
ADDRESS TO WHICH
NOTICES ARE TO BE SENT: Robert A. Ford
Case, Ford, Blake & Burland
550 California Street
Suite 1000
San Francisco , CA 94104
PLACE OF OCCURRENCE: Pacheco Boulevard
unincorporated area of
Contra Costa County
DATE OF OCCURRENCE: April 15, 1980
CIRCUMSTANCES GIVING RISE TO THIS. CLAIM:
Plaintiffs Sharron Anne Morrison and Susan Morrison
filed Action No . 219123 in the Superior Court of Contra Costa
County alleging that claimant, the owner of certain property
on Pacheco Boulevard in Contra Costa County, is responsible
for injuries sustained in a vehicle collision on a public road-
way adjacent to claimant' s property . Said action was served
on claimant on June 20, 1983. (A copy of the Complaint is
attached. ) Specifically, plaintiffs allege that as they were
exiting "Malibu Race Track" [sic] , claimant's property, and
traveling on to the public roadway, Pacheco Boulevard, they
were hit head on by another vehicle on Pacheco Boulevard, and
as a proximate result of the negligence of defendants and each
of them in failing to post adequate directional signs , plain-
tiffs sustained injuries . 213
ITEMS OF DAMAGE:
Claimant seeks equitable indemnity and contribution
from the County of Contra Costa for those damages sought against
claimant by Sharron Anne Morrison and Susan Morrison in Action
No . 219123, the exact amount of which is unknown, except that it
is alleged to be in excess of $15 ,000 . Claimant will amend this
claim as amounts of damages claimed by the Morrisons are made
known. The Morrisons currently claim medical and incidental
expenses , loss of earnings , vehicle and other property damage,
and loss of use of personal property, in amounts that are unstated .
DATED: August 30 , 1983 CASE, FORD, BLAKE & BURLAND
By /C�(� ' A "
ROBERT A. FORD, Attorneys
for Claimant Malibu Grand Prix
214
PROOF OF SERVICE BY MAIL — CCP 1013a, 2015.5
1 1 declare that:
2 1 am employed in the county of Son Francisco, California. I am over the age of eighteen years and not a
3 party to the-within cause; my business address is 550 California Street, Suite 1000, San Francisco,
4 California, 94104.
August 30 , 1983: I served the within ...CLAIM FOR INDEMNITY
5 On .................. . .................................................................._
(DATEI
6 ................................................................................................................................................................................................................._
7 ................................................................................................................................................................................................................._
8 ................................................................................................................................................................................................................._
9 by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the
10 United States mail at San Francisco addressed as follows:
11 Weldon Ray Reeves
Attorney at Law
12 1012 19th Street
Sacramento , CA 95814
13
Clerk of the Board of Supervisors
14 P .O. Box 911
Martinez, CA 94553
15
16
17
18
19
20
21
22
23 1 declare under penalty of perjury that the foregoing is true and correct, and that this declaration was
24 executed on .......August 30 , 1983 : at San Francisco, California.
(DATE)
25
Tina Mattucci
26 ................................................................
(TYPE OR PRINT NAME) SIGNATURE
27
28
215
JAN �
� iJ81
a_tt^"ne j at Lar.
2 <:_'. 't Nir_ete„nth Street '
`'acr:.mcnto. Californ:9- 95814 ry _
w:r
4 :ltcrnc:;
5
6
7
8
SUPERIOR COURT Or THE STATE OF CALIFORNLA
9
-- i 10 FOP. TIM COUNTY OF CONTRA COSTA
11 SHARRON ANNE MORRISON and..
SUSAN MORRISO, F��� }�
112
Plaintiff.,
Fiiw••,
I
13 QTS. Mi P;uLRNT FOR DAMAGI i
14 (PERSONALI*I7URM)
CITY OF PACEEC09- LIAL13L?
- .ACE TRACt:, and
15 DOES I throug:;
16 Defendants.
1i7 /
-000-
1.
Plaintiffs SHARON and 'S S:A_X r,IOnRISON allege:
19 FIRST CAUSE OF ACTION
20 I
21 Defendants City of Pacheco and Malibu Race 'hack were and at all times herein
22 mentioned are located in the County of Contra Costa, Stats of California.
23 U
24
The true names or capacities, Whether indivi1u-al, 'zo:-porate, vssoci?ts, or Otherwise
25
of clafendants DOES I through XX, inclusive, eae =imown to plaintiffs, who therefore
26
szie said defendants by such fictitious nsmcs. Plaintiffs are informed and helfeve,
27
,Md therefore sllc;;c, that each of the defendants des b iated herein as a DOE i, leuslly
28
rfnPon-ftle in some manger for -t,.a events and �,appanim ':zrcla r^'erred to, and
21�
A
1 12-711111v -au.Tee. and :JarnP7CI.s -jr.,),amatel— t"errhy to Y313irtiffs ass herein aLM7.
2 lII
3 On or
ft J1,11T '^,J 1080,1 plaintiffcnzi3ed to be Med are, served upon aefan&nnt
4 Cit 7 of Pacheco a M^Ilice of Clain purstiant to Section CIL? of the- 0,7,g7rnmc-rt Cede.
5 Such claim has neither been rejected or accepted as of the filin(,,r, of this complaint.
6 P!
7 That at all times herein mentioned, eac�i. al the dafeiieants, was t1le agen.t an-d
8 employee of each of the r-simp-1:11r& _nJ is at all' ilmes acting -vii I the
9 purpose and scope of..said a.-sncy..qpd employment, and en.di defendant ratified and
10 approved the acts of 1 the remaining defendants.
11 V
12 That at all timcs herein menticned, defend. rit City oz Pacheco owned, possessed,
13 maintained, mrs-xV7ed, and controlled the public road :ay kno,.-Yn as Pacheco M*714.
. 14
15 That at all times herein mentioned, Malibu ArAce lhacl. ozrned, possessed,
16 controlled, maintained and managed the pr=Ms-s lcio-oyn as 'Aalibu 26ace 1-Yack located
17 on Pacheco Blvd. in the Cit,? of Pacheco.
VII
19 At all times herein* mentioned defendants and each of them negligent and
20 careless in maintaining the above named premises and roadway in thpt a datqerous
21 condition existed on said roa!2i.,iay in that there were no signs posted indicating that
22 the roadway was one way.
23 VM
24 On or about April 15, 1'5809 plaintiffs 9LIAM-110N ANVE r.MILIRLSOM and SUSAN
25
.-JORRISON while exitiTL,,r from the aforementioned Malibu Race Track on to than public
26 road 3y were hit head or by another. vehicle on that roadway and as a proximate
27
result of the negligence of the defendants and cr-ch of them in failin- to post adequate
28 directional signs -plal-atilffs 31JAR"HOI7 AINTIS2 ?J-0,11RHOI1 and "'J'AN -;!AO?I?rIS0N
-2-
217
;.
1 .-°ierc•'_ irj:ri:�s �^�ir•aitec .;1Ie,2d.
2 T
3 T.<1+ as a pro- mate result cf the seij 1•^t of the defendants, end each of them,
4 f'a'.'ltifs h".-`.:i hurt an!f injlTied in plai.itif113 her.4t1o, itren,glh, and ac`'L;vity, sustaining
5 injury to oleintiff s body and shook and injury to plaintiffs nervous system and person,
6 all of vwhich, have caused an-:- continue to ca z_e p1tintill ;,zlAi'Oir 'ai•JNZ -.a.=:I30i3
7 and SUSAN MMR^I,SON Brea: mental and paysical pain an:: suffering anU nervousness.
8 Plaintiff is infor-:ie� &nc believes, 3R'f ttcae: fors »1ic-;;es, that t`;e inj;xles will res0t
9 in some permanent disability to said plaintiff, all to plaintiff's general damene in excess
10 of the mirimum jlirHiction of this court, which ti<:Till he shown according• to proof at
11 t7le time of trial.
12 g
13 That es a further proximate result of the said nets of the defendants, and each
14 of t?'em, plaintiff SL1r�Rv14 A2.NIi ;TCB. I;�J:d :i11:1 SUSAN T- OIL ISCY :vas regvfr-,ad
15 to employ, and continues to employ, physicians and surgeons to e�:amine, tre t and
16 c,,u•e for plaintiff, aad did, and .continues to, incur medical and incidental egerses
17 n:.iich will be shown at the tine of trial according to proof.
18
19 That as a further proximate result of the said acts of the defendants, and each
20 f thein, plaintiff SHARON ANNE 5I0113.RISON and SUSAN &IORRISON was prevented
21 ?o::c attenting to plaintiffs usual occupstion for a period of time, sustaining a loss of
22 earnings in an amount unknown to plaintiff at this .time, but which :viU be shogun
23 ecordling to proof.
24 Xii
25
That as a further proximate result of the said conduct of the defendants, and
26 ach of thein, the said vehicle and other property owned and itsed by plaintiff SHARON
27 IN., 1gC_.MON was :...rc:agc.d; and plaintiff thereafter was denims.: t..e use of said
28 nhicla and other prope ty, 111 to pl,, ..tiffs further damage in ain=nt> which will be
-3-
218
1 c7'.vin eaecordinc to p-,00f at the time of trial.
2 •qH=EFOD"-. n1al,
ntiff .7r9v9 lu,'Frment s,-ainslr 67frnd.nnts, nm' ,Pc;- o h'!P" 7.3
3 FrI
4 1. CrF7
gencrnI -!.unnires in an amount wlt'nn tb,F: ',zisdiction of 'U'L- col-,"t;
5 2. For loss of earnings, medical expenses, and property damage, loss of use )f
6 personFil property, and all incide-ital --pc!rsc;3, proof;
7 3. n incurred; arc?
For coats of suit herein.
8, 4. For such other and r-h-,,f as t coat "es—s wo.nc-r.
9 DATED:. January 910 1981
10
h ri77*'TA 1%7 T T .A N' T7—EVE.
WELDON ItIAY REEVES�q
. 11 Attorney for Plaintiff
. 12
13
14
15
16
17
18
19
20
21
22
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25
. 26
27
28
-4- 219
T
' APPLICATION TO FILE LATE CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COL177Y, CA IF02NIA BOARD ACTION
Application to File Late ) NOTE TO APPLICANT October 4,1983
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 (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: Joseph, Wilson Hudson
Attorney: Hoberg, Finger, Brown, Cox & Molligan
Stephen T. Cox
Address: 703 Market Street, 18th Floor
San Francisco , CA 94103
Amount: $1, 0000000. 00
By delivery to Clerk on
Date Received: August 31, 1983 By mail, postmarked on August 30 , 1983
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted Application to File Late Claim.
DATED:August 31, 1983J. R. OISSON, Clerk, By� Deputy
Kel ya4 oh un
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) The Board should grant this Application to File Late Claim (Section 911.6) .
The Board should deny this Application to File a Late Claim (Section 911.6) .
DATED: JOHN B. CLAUSEN, County Counsel, By Deputy
III. BOARD ORDER By unanimous vote of Supervisors present
(Check one only)
( ) This Application is granted (Section 911.6) .
(�4 This Application to File Late Claim is denied (Section 911.6) .
I certify that this is a true and correct co of the Board's Order entered in
its minutes for this date.
DATEDAC7 41983 J. R. OISSON, Clerk, By / , Deputy
WARNING (Cov'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 Amain Gtrator
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 docLment,
and a mem thereof has been filed and endorsed on the Board's copy of this
Claim in accordance with Section 29703.
Dom.: OCT 41983 .3. R. OISSON, Clerk, By , Deputy
V. FROM: 1 County Counsel, 2 County Administrator TO: Clerk of the Board
of Supervisors
Received copies of this Application and Board Order.
DATED: County Counsel, By
County Administrator, By
220
APPLICATION TO FILE LATE CTIAIM
t
1 HOBERG, FINGER, BROWN, COX & MOLLIGAN
STEPHEN T. COX
2 703 Market Street, 18th Floor
San Francisco, CA, 94103 1
3 Telephone: (415) 543-9464F1 E D
!
4 Attorneys for Claimant
• i
5
CLE�i: GFR- Or SUPERVISORS
3y� CO
6 I I[ au�:.�z�� ,
7
8 In The Matter of the Disputed
Claim of,
9 APPLICATION FOR LEAVE TO
JOSEPH WILSON HUDSON, PRESENT A LATE CLAIM TO
10 Conservatee THE COUNTY OF CONTRA COSTA
11
12 1 . Application is hereby made for leave to present a late
13 claim pursuant to Government Code Section 911. 4 . This claim is
14 founded on a cause of action for personal injuries sustained by
15 Joseph Wilson Hudson which occurred on or about September 4 ,
16 1982, and continuing thereafter, and for which a claim was not
17 presented within the 100 day period provided by Government Code
18 Section 911. 2. For additional circumstances relating to the
19 cause of action, reference is made to claimant' s proposed claim
20 attached to and incorporated as part of this Application and
21 marked Exhibit A.
22 2. The reason that no claim was presented during the
23 period of time provided by Section 911 . 2 of the Government Code
24 is that said claimant was incompetant during all of the 100 day
25 period specified by Section 911. 2 for presentation of the claim,
26 and as more particularly shown by the declaration of Stephen T.
27 Cox, attached hereto and marked as Exhibit B.
28 3. The application is being presented within a reasonable
OBERG, FINGER, BROWN,
COX 8 MOLLIGAN
A PROFESSIONAL .` ���
CORPORATION
703 MARKET STREET
SAN FRACISCO 94103
14151 543-9464 -
1 time after accrual of the cause of action, as shown by the
2 attached Declaration of Stephen T. Cox mentioned above.
3 WHEREFORE, it is respectfully requested that this applica-
4 tion for leave to present a late claim be granted and that the
5 attached proposed claim be received and acted on.
6 Dated; August 29 , 1983.
7 HOBERG, FINGER, BROWN, COX & MOLLIGAN
8
9 By
STEPHEN T, - COX
10
Attorneys for Claimant
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IOBERG, FINGER, BROWN,
COX 6 MOLLIGAN 2.
A PROFESSIONAL
CORPORATION
703 MARKET STREET 222
SAN FRACISCO 94103 _
14151 543-9464
CLAIM AGAINST THE COUNTY OF CONTRA COSTA
JOSEPH WILSON HUDSON presents a claim for damages against
the COUNTY OF CONTRA COSTA:
ADDRESS OF CLAIMANT:
JOSEPH WILSON HUDSON
2858 Garden Avenue
Concord, CA.
ADDRESS TO WHICH NOTICES ARE TO BE SENT:
Stephen T. Cox, Esq.
Hoberg , Finger, Brown, Cox & Molligan
703 Market Street, 18th Floor
San Francisco, CA 94103
DATE, PLACE AND CIRCUMSTANCES OF OCCURRENCE:
This claim arises for injuries sustained by claimant JOSEPH
WILSON HUDSON, on or about September 4 , 19'82, at the Emergency
Room of the Contra Costa County Health Services Facility. By
reason of the carelessness and negligence of the aforesaid
entity, their agents and employees , claimant was caused to
sustain exacerbation of severe personal injuries.
AMOUNT OF CLAIM:
$1, 0001000. 00
GENERAL DESCRIPTION OF INJURIES AND THE BASIS OF COMPUTATION OF
DAMAGES:
Undiagnosed subdural hematoma with residual global aphasia.
Claimant will seek general and special damages in the amount of
$1, 000, 000. 00.
Dated: August 29, 1983.
HOBERG, FINGER, BROWN, COX & MOLLIGAN
By
STEPHEN T. COX
Attorneys for Claimants
EXHIBIT A
I HOBERG, FINGER, BROWN, COX & MOLLIGAN
STEPHEN T. COX
2 703 Market Street, 18th Floor
San Francisco , CA. 94103
3 Telephone: (415) 543-9464
4 Attorneys for Petitioner
5
6
7
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF CONTRA COSTA
10
11 In The Matter of the Disputed NO. :
Claim of,
12 DECLARATION OF STEPHEN T. COX
JOSEPH WILSON HUDSON, IN SUPPORT OF CLAIMANT' S
13 Conservatee APPLICATION TO PRESENT
A LATE CLAIM
14
15 DECLARATION OF STEPHEN T. COX IN SUPPORT OF CLAIMANT' S
APPLICATION TO PRESENT A LATE CLAIM
16
17 STEPHEN T. COX declares under penalty of perjury that the
18 following is true and correct:
19 I am an attorney licensed to practice before all of the
20 courts of the State of California and I am a partner with the law
21 firm of Hoberg, Finger, Brown, Cox & Molligan, attorneys for
22 claimant in this action. Said law firm has been retained to
23 prosecute an action for the injuries sustained by JOSEPH WILSON
24 HUDSON on or about September 4, 1982.
25 Claimant seeks an application for leave to present a late
26 claim under Government Code §911. 6 (b) 2,
27 Claimant was born on October 29 , 1912. He was therefore 70
28 years of age at the time of the accident on September 4 , 1982.
10BERG. FINGER, BROWN,
COX 5 MOLLIGAN (� ^ y
A PROFESSIONAL 224
` \ /`/ A
CORPORATION EXHIBIT B
703 MARKET STREET
SAN FRACISCO 94103
14151 5439464
1 As a result of said accident, claimant received injuries to his
2 head resulting in a subdural hematoma which required surgical
3 intervention as set forth in the letter from his treating
4 neurosurgeon Dr. William E. Mathews attached hereto and marked as
5 Exhibit C.
6 Your declarant is informed and believes that as a result of
7 claimant' s incapacity, a conservatorship was appointed on July 7 ,
8 1983 by the Honorable Dwight Z . Ely, Superior Court Judge for the
9 County of Solano.
10 It is respectfully requested that the application for leave
11 to present a late claim on behalf of claimant be granted, that
12 the late claim be received and acted upon in accordance with the
13 applicable sections of the Government Code.
14 Executed at San Francisco, California on this 29th day of
15 August, 1983 .
16
17
STEPHEN T. PDX
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)BERG, FINGER. BROWN,
COX&MOLLIGAN 2.
A PROFESSIONAL
CORPORATION 2 Z 5
709 MARKET STREET '�.
SAN FRACISCO 94103
(4151 543-9464
WILLIAM E. MATHEWS, M.D., INC.
NEUROSURGERY
2600 PARK AVE. SUITE 206
• CONCORD, CALIFORNIA 94520
TELEPHONE (415) 825-0�,00
IF NO ANSWER, CALL 825-6000
January 20, 1983
Lawrence Green, Claims Adjuster
California Casualty and Fire Insurance Cor:pany
375 North Wiget Lane, Suite 200
Post Office Box 8017
Walnut Creek, California 94596
Re: Joe Hudson
Dear Mr. Green :
Joe Hudson was hospitalized on September 24, 1982, for a chronic subdural
hematoma located in the left parietal region. He was operated upon on
September 25, 1982, at which time a left temporoparietal craniotomy and
evacuation of the chronic subdural hematoma was accomplished. The patient
recovered from his near comatose state and commenced moving all four extremi-
ties. However, he did not regain his ability to understand what is being
said to him and to respond appropriately. Therefore, he has what is known
as a global aphasia. He was discharged from the hospital on Gctober 30, 1982,
apparently to the care of his family. However, he continued to have global
aphasia.
As far as future recovery is concerned, Mr. Hudson is able to take care of
himself to a degree as far as personal hygiene and self-care is concerned.
However, he is not able to -communicate with anyone on a verbal level and he
does not understand instructions. There is no question in my mind that the
automobile accident definitely caused his subdural hematoma which progressed
to a chronic subdural hematoma necessitating hospitalization about two weeks
after his accident and operation.
I trust this will answer your questions .
Sincerely ours, .:
WILLIAM E. MATHEWS, M.D.
WEM:bkb
226
EXHIBIT C