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HomeMy WebLinkAboutMINUTES - 08091994 - 1.12 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AUG[TST�9;•`1994 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given Coda Amount: $795,00 Please not Section 913 and 915.4. al1 CLAIMANT: JONFS, Austin Paynes J U L 14 1994 COUNTY COUNSEL ATTORNEY: MARTINEZ CALIF. Date received ADDRESS: 1617 San Joaquin St. BY DELIVERY TO CLERK ON July 14,_ 1994 Richmond, CA 94804 BY MAIL POSTMARKED: July 13, 1994 1. FROM: Clerk of the Board of Supervisors tTO° TountyCouh`se Attached is a copy of the above-noted claim. ppHHJL ATCHEIOR Clerk _ DATED: Bl+: LAputy , Q D ll. FROM: County Counsel TO: Clerk of the Board of Supervisors ( i/) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying , claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �L w • 9 i BY: Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1V. BOARD ORDER: By unanimous vote of the Supervisors present (V) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:+ % IL BATCHELOR. Clerk, By. • �,1�,�_�,�.., ) , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or Aeposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult to attorney, you should do so immediately. 'For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today 1 deposited in the United States Postal Service in Martinez. California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: hAth - 14 ZUBY: PHIL BATCHELOR by SZ, &4-4-d__ Deputy Clerk CC: County Counsel County Administrator 1. r C\1 LO - In cc pC4 cc Lu c Er W¢ C i� �o _ ti7 ru � r • ni r _r 0 cI3 Z iJ 044- LUc l— � 2 j V. Claim 'to: BOARD OF SUPERVISORS OF CONTRA COSTA OOUN7Y INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury -...o person or 'to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue an or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one. year. after the accrual of the cause of action. (Govt. Code 5911.2.) B. Claims must be filed' with- the Clerk of the Board of Supervisors at its office .in Boom 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. T �4,. ;+ i, l..-a it..� `• dam a._ • D. I the claizz is again7V more VlYill one W1;L;111.: =JL.1Vy, ae�Gl-GVC 1:1lal 6 MLISL L* filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this o�rm. RE: Claim By ) Reserved for Clerk's filing stamp Aston 1611 5&\ J ins sr +�uaa dcvu� 99" j �E Against the County of Contra Costa ) or ) JU1144 District) CLERK BOAR Fill in name ) coNT_Z The undersigned claimant hereby makes claim against he County of Contra Costa or the above-named District in the sum of $ Ob and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) I� J a►J � 9- `�v��a �TtiJ� n� Ncx�s � o t� a� I �3� N(Ls 2. Where did the damage or injury occur? (Include city and county) Lf01` Gee ­5V Nog!�M2,C_JAMLWd - 2 CJCUr - 3. How did th damage injury occur? (Give full details; use extra paper if required _C.fc_L_,_8 '� G ��[- -�ASSC�GC-� o�-> tNC� lt.FC 51 M- c' M 7 O,v. ANCI srOtro M4 3O LLrn�wdF Uvsr,, rwo 5(e, 5A�F2- g M►.n C,L,t P s o� .Ammo (#-a ALM 4. What particular act or omission on the part of county or district officers servants or employees caused the in�ury'Ior e? M ru_ � (A=P,. ilb'L t3L,(µc: . � Cobol g, 49SS . ,F mcm WHEN PAYING BY 14"t" CHECK,PLEASE INCLUDE ��N8�� l��: �1CU834-�84� THIS INVOICE NO.dWOM" INVOICE NUMBER P.O. BOX 657 OAKLAND, CALIFORNIA Q48O4wn FEDERAL TAX 0. { ( < WORK ORDER > > > \ l / / /�� —/ y7 L '^^ ~ `~ - V0 .4CASH SALES ( �/ [/(� / HUSTIN JONES / ' 1617 SAN JOAQUIN ST. , CALIFORNIA — RICHMOMND CA. 94804 L_]YEAR MAKE MODEL BODY STYLE V.I.N. STOCK NO. LICENSE * JINSTALLEDBY. 15 | CASH CHARGE CREDIT WHSLE RETAIL WPILI DEL INSTL IMOBILE M T 1=11M�tL F t'JAMI PMJ TIIM�E F I I I I I - I I I I I I I I I DA'TE ACCOUNT NUMBER P.O. POLICYNUMBER CLAIM NIUMBER SALESMAN WORK ORDER PHONE NUMBER ,t ' `=01"11 ' '""^ 1-1 IM ^-" �"=,K:� ` CTL LIST PRICE TOTAL SPECIAL INSTRUCTIONS sue TOTAL LOCATIONS: CONTRACTORS LICENSE NO.374136 SALES TAX El 400 FRANKLIN STREET,OAKLAND,CA 94607 o (510)834-7841 F] 1992 REPUBLIC AVE.,SAN LEANDRO,CA 94577 o (510)357-0747 El 5292 PACHECO BLVD.,PACHECO,CA 94553 (510)827-3900 REC'D BY TOTAL F� 1711 BARRETT AVE.,RICHMOND,CA 94806 (510)232-1337 NOTICE:"Under the Mechanics Lien Law(California Code of Civil Procedure,Section �:iic►55 • lj�►i►b1,lCly Residential • Commercial • Industrial - T-Tops • Sunroofs Cellular Phone DATE Guaranteed Workmanship —;– ­7 Fremont&Hayward 3050 Broadway 3906 Adeline Street 3800 San Pablo Ave. 450 8th Street 2711 EI Camino Real !IU-=i6 1 U.YUU Oakland,CA 94611 Emeryville,CA 94608 Emeryville,CA 94608 San Francisco,CA 94103 Redwood City.CA 94061 Vallejo&Benicia N._ _ TELEPHONE — STREET ADDRESS ,1 A' Pl-011E $ 7?�7�f —.�.G S -_�— U l!VI C 131_U YEAR MAKE -------- — MODEL- _——�`zr.� VEHICLE UC.x MILAGE . 1 q(b2 HOW DID YOU HEAR ABOUT US ? PERSON TO SEEDATE — � -- - OBILE --- ------ ❑ INSURANCE ❑ CASH ❑ CHARGE CARD ❑ C.O.D. ❑ ON ACCOUNT QTY. SIZE/PART NO. D E S C R I P T 1 0 N LABOR NET MATERIAL 0 .16 C'TJ1'0&e01 M.A.Z.CENTER Is authorized perform th a ve work TOTAL $ With terms and conditions reverse sid MATERIAL 1 � SALES TAX SIGNATURE__--- --- -- Vinswm.nc.a - --- ---...-- DATE --- ---------- - LABOR 1 hereby authunte and empower the&Dove-namecompany to pay Its invoice n lull settlement,satisfaction and discharge of all TOTAL DUE loss under the above policy Upon such payment,all lights I may have lot chum end damwtd U loss-d damage das.aibed above against the above named insurance company shall be thereby forever discharged In the event that Ilia above named insu,wice company does not - - - --- -- /--- -- make timely andlor full pit,mani of this invoice according to its terms,I hereby accept responsibility lot such payment aril agree to pay all INSURANCE charges teeected on this invoice to the above named glass company subtecl to and according to all terms and conddbons on this invoice DEDUCTIBLE NON-REFUNDABLE DEPOSIT SIGNATURE - — -- --------------- DATE --- ----- BALANCE A)Face Page CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT CA0070000 Beat . []Continuation P.O.Box 391,Martinez,California 94553-0039 ❑Supplementer ❑HRO ❑Anes! ❑Si 75R No. 2.City Code 3.Cr' a/Classiticatlo 4.Oetall 1 �.f� 5.More 9-)(- /y 2. Persons 8 Day/Date/Time o/O urrWrle 7.Date/Time Reported 8.Employee No. 9.Reciassi- 10.Address/Location of Oecurren ❑ y oda' A/ AeZ-1411-1 11. a PRI @I Vic ❑WIT ❑MSP ❑RUN L)5115 U LEAD ❑Other 12.Name(L.F.M) 13.Race 1 Sex/Age 14.DOB 15.Driver License No. 16.Address sip Code) 17.Ho..e Ph 10 m 18.Employed By or School 19.Work Pho d94:61-04 20.Hair 21.Eyes 22.HL 23.W1. 24.AKA/Maiden Name 25.Social Security No. 26.Further Description(Scars.Tattoos,Mannerisms,Clothing,Eta) 27.Booking or Cite No. 28. ❑PRI ❑Vic ❑WIT O MSP ❑RUN ❑SUS ❑LEAD ❑Other 29.Name(L,F,M< 30.Race/Sex/Age 31.DOB 32.Driver License No. 33.Address .... (Zip Code) 34.Home Phone ( ) 35.Employed By or Scholl 36.Work Phone ( ) 37.Hair 38.Eyes 39.HL 40.WL 41.AKA/Maiden Name 42.Social Security No. 43.Further Description(Scars,Tattoos,Mannerisms,Clothing.Etc.) 44.Booking or Cite No. 45. ❑PRI ❑Vic ID WIT ❑MSP ❑RUN ❑SUS ❑LEAD ❑Other 46.Name(L.F.M) 47.Race/Sex/Age 48.DOB 49.Driver License No. 50.Address (Zip Code) 51.Home Phone ( ) 52.Employed By or School 53.Work Phone ( ) 54.Hair 55.Eyes 56.HL 57.WL 1.58.AKA/Maiden Name 5%Social Security No. 60.Further Description(Scars.Tattoos.Mannerisms.Clothing,Etc.) 61.Booking or Cite No. 62.Veh r Yea 63.Lic.No.(State) K%fel 64.Year 65.Make 66.M 67.Body Style 63.Color Top ❑5 jK Vial ode IQ 7�itl. y. Bottom 69.Status 70.Registered Owner 71.R.O.Address. ❑Lett 1619' J/fi ❑Impound 72.Towed to or Released to 73.Who has keys? Stored 74.Evill ❑Yes 75.F/P [:),Yes 76.Dispo of Evidence 77.S Mbsi�g 78.$Damaged o No - '�QQ �' 79.8 ws o rrcideni `1) (2) s d 7Zt/f3 / (3) CG//� /!!O� O , (4) (5) (6) (7) WF1,.=0 tion 81.Additional Routing ❑C ODA 0 O 0 0 0 S 0 ❑Narcotics ❑Juv C]Coroner 82. Deputy(Prinq 83 ,aatte/Time Written 84 4] ❑Intel). ❑R.O. ❑SHC Q/1T72_ / •/ 9 . ❑Patrol Captain Cornpf.Ola ❑Marine Petrol 85. ♦ in ( �o� 8 Q 88.Pape Other r j f ol_ I FORMA (Rev.1/89) s ®Continuation CONTRA COSTA COUNTY SHERIFFS DEPARTMENT CA0070000 Beef ❑Suppiernenial P.O.Box 391,Martinez,Califomia 94553-0039 ❑HRO ❑Arrest ❑SI 1.DR No, 2.City Code 3 Cri a/Ciumication 4.Detail 1 s.Reclasar- 9� a"if ,e 2. acation d Victim Name(L.F.M) Z Dote Orig.Report 8.Employee No. ❑ 0.Address/Location of Occurrence 10.Suepecfs Name(L.F.M) 11.Property Description: Impounded.Recovered,Found.Lost Stolen-Item Number.Article.Quantity,Grand/Make/Manufacturer's Model Number.Serial Number,Miscellaneous Description,Location Where Takers.Value.Include Total Loss-LIST IN FOLLOWING ORDER:A)Currency,Notes:B)Jewelry,C)Clothing,Fur;D)Vehicles;E)Office Equipment:f)Radio,TVs,ate.; G)Firearms;M Household Goods;1)Misc. 12.Recovered Property$ --711) Narrative/Sta s (1) 7> fr a iIH! A/M (2) lig gy e_a 4,46f 41:� /3d /$ (3) �, T A"tc g (a) ✓— ria! Ag- (7) S .S7�iD .v A4 net / T /J .•.,mss (tat � //✓.� ` �/� / / ! it/ �/ G � /�`�,l� (14) net nn (18) OVA- u// 1— / �oue11. ✓a uE'�OO nst T ,�•fl v Al G O (20) m) (22) . (23) (24) (25) 14.Distribution IS.Additional Routing ❑B ❑C ❑DA ❑DE C1 ❑O ❑SR ❑V ❑Inveatfgafon []Vice ❑Narcotics ❑Juv ❑Cororrer ❑Property Ck. []ACS ❑IntaK ❑R.O. ❑SHC1 I rting Deputy(Prinq 17. to I mg Wri tart 18. ❑Petrol Captain ❑Compt.Ola E]Marine Patrol Z / -I✓ ❑ � 18.Ap` W(Print) Q Pa Na 21.Date 22.P e �of_ FORM 8 (Rev.t/as) CRIME ANALYSIS SUPPLEMENT CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT CA0070000 01100M PAGE P.O.Box 391,Martinez.California 94553-0039 I.DR No. 2 fi /ClaasiltCatorh 7.0001 code 1 4' i Felony ❑Misd ❑Arrest ❑Cib 9y /g/' 2. S.Victim Name(L.F) S.Address/Location of Occurrence 7.Employee No. s enc/ 161-7 Py a 9' g.Gang Activity ❑Yes ❑No OP ❑ Dow Prints LEGHO ❑ Leg!fol to TRK ❑ Trucdng Conpsny PS ❑ Pslyd Samples P1SWP Q Platd whipped TVs ❑ TV/stereo seles/A.paa 9.Name of Gong PH ❑ Photos PURSE ❑ Pune WHS ❑ Warehouse PJ ❑ Prgscale/Casing RERPK ❑ Rea Pocket OTH ❑ Other 1o.MEANSOP ATTACK RK ❑ Rape Kit RIGHH ❑ Right Hand B ❑ Bolde ST Q Semen PSACK ❑ Sack/Bp 21.BUSta[CTS ACTH" C ❑ Club/$tick SP ❑ Shoe Prime SHOTS Q Shots Fired APPFF ❑ Approach from Front F ❑ Firearm SK ❑ Sketches SHLHO ❑ Shoulder Holster APPFR ❑ Approach horn Rea G ❑ Handgun T7 ❑ TireCaatings WAIST ❑ Waistband ATEOR ❑ Ate/Drank K ❑ Knife TL ❑ Tool Marks BUND C] 131indloided Vk*n Mantel N ❑ AM Weepon 18 CIRCUMETAMCEE VH ❑ Vehicle 80GA0 ❑ Bound/Gagged P ❑ Physical(Hands) WP❑ Weapon R ❑ Rectal/Rsfigloue/Ethnic COVVF ❑ Covered VIeWn's Face R ❑ Refs/Shotgun 19.ALARM OEFEC ❑ Defecated S ❑ Shoes/Feet 1&1111111"11400 OF ENTRY N.t None DEMON ❑ Demanded Money T ❑ ThreaU AAtempt A ❑ Activated DISAL ❑ Disabled Atom V C] vehicle D frBodiiy Force P ❑ SVp- OWN ❑ Disabled Phone O ❑ Other G ❑ Bon Cuttere/Saw 0 Q olaatllea DISPO ❑ Disabled Power E ❑ CommonCeiing,WeM 001* ❑ ClarobsdViokn 11.PROPERTY ATTACKED L ❑ Cut 20.WHERE OCCUIIRFD FIRED ❑ Fired Wsspon ARG Q Agriculture C ❑ Hid in Building APO ❑ Mranem/Cando FOWM ❑ Followed Victim ANT ❑.Antiques O ❑ Lockbox APT ❑ Auto/Tire Stores FVMTM ❑ Forced Victim to Move ART ❑ Art/PaiMinge B ❑ NSFE BNK Q BanklSavings s Lon FOISR ❑ Fully Disrobed(Suspecq AUT ❑ Auto Piro F Q Pry BAR ❑ Ba/Lounge/Tavem HBO ❑ Had Been Drinking SYC ❑ Baeydes I Q SlimJim/CoatHanger CAB ❑ Cab/Taxi HITCH Q Hitchhiking BOT ❑ Boofs H ❑ Smash/Break/Punch CWA ❑ Car Walsh IMPOT ❑ knpenonaedOther BLM ❑ Building Matatlals K ❑ Unlocked CHU ❑ Church tNJIN ❑.Inflicted Injury CAM ❑ Cameras/Proiecitors CLN ❑ Cleaners JUMPC ❑ Jumped Counter CLO ❑ Clothing 14.POINT OF EMTRY CLO ❑ Clothing Store KLOCA ❑ Knew Loc~of Cash CRC ❑ Credit/ATM Ceras wtodow,f lit y COC Q Construction Company LCRET ❑ LMW Cesh R+agisim Troy CUR ❑ Currency WC❑ Crank Cos ❑ Construction sib MADPR ❑ Made Putchase NRC ❑ Drugt WD p Louvered CON ❑ Cot Vast c0 Store MTHRT ❑ McOe Threats FIR i(Firearms WA ❑ Nortrnovable DPT ❑ Department Store MASTU ❑ Masturbssed FRN ❑ Furniture WB Q Siding MOO ❑ Ooctor/Dendel Once MOLES .❑ Molested Victim APP ❑ Household Aopllences Des Entry DRG ❑ Dnp Sore MULTI ❑ Multiple Suspects IND ❑ Induetrtal Equipment DG ❑ Doubts Swing DWY ❑ Driveway OCCUP ❑ Occupied Building JEW ❑ Jewelry DI ❑ Garage loverheaM 2P ❑ Duplex/Fourplex OFVFO ❑ Offered Victim Food/Drink L10 ❑ liquor OF ❑ Single Swing FFS ❑ Fast Food OFVRA ❑ Offered Victim Ride LIV Q Livestock DH ❑ Sliding GAD Q Garage Detached OFVS ❑ Offered Victim Sex MED ❑ Med"Equipment DJ ❑ Other GAS ❑ Gas Station ORALC ❑ Oral Copulation Nw. MIS a'Miscellansous Otho Entry GVT Q Government Facility PDISR ❑ Pamally Disrobed(Suspect) MOT ❑ Motorcycles/Minibikes OP ❑ Basement SMS ❑ Grocery-Small Store PKLOT ❑ Parking lot MUS ❑ Musical laserumenta OK ❑ Floor MKT L] Grocery-Supermarket PRPEX ❑ Preored ExA OFE ❑ Office Equipment 00 ❑ Ground Level HWY ❑ Highway/Street/Road PPPAG ❑ Put Property in Beg PUR ❑ Purses/Wslle4 ON ❑ On Premises HOS Q Hospital BANS [3 Ransacked RAD ❑ Radio/Slereo OL ❑ Roof HTO [] Hord/Motet Office RIPCL Ripped Clothing COL ❑ Rem Coins OR ❑ Upper Level HTR ❑ Hoa/MoM Room SELEC i Selective in loot SLV ❑ Silverware OM❑ well JEW ❑ Jewelry Store SMOKE ❑ Smoked on Premises SPD ❑ Spoiling Goods 00 ❑ Unknown LAU ❑ Laundromat SARM ❑ Suspect Armed TEL ❑ Television/V^rRa LIO p Liquor Store THRET ❑ ThreatenedReteliabon TOB ❑ Tobacco Products 15.ENTRY LOCATION MAL ❑ Mall TCONC ❑ Took Concealables TOL ❑ Tools F ❑ Front MFG ❑ Manufacturing Firm TORUG ❑ Took Drugs/Narcotics VEH ❑ Vehicles(except motorcycles) R ❑ Rear MAR 0 Manna/Dock/Waterfront TSTTV ❑ Took TV/Stereo Only S ❑ Side MOV ❑ Movie/Playhouse TVMCL ❑ Took Vaetanis Clothes 12.PHYSICAL EVIDENCE 0 ❑ Other BKS L) Office Suppiy/Book/Stataoaery Ulo ❑ Under Influence Drugs AC Q Accelerants OIL ❑ Oil Company UNOCC ❑ Unoccupied Building AL ❑ Alcohol 16.NUMBER SUSPECTS PPK U Park/Playground ODORS LJ Unusual Odors BL ❑ Brood LOT L] Parking Lot UDEMN ❑ Used Demand Note CL ❑ Clothing 17.HOW WEAPON WAS USED RAL ❑ Railroad ULODR ❑ Used Lookout OC ❑ Documents COATP ❑ Coal Pocket RAP ❑ Raped Transit/BART MATCH ❑ Used Matches OR ❑ Drugs COVER ❑ Covered RES iD Residential House USVEH ❑ Used Stolen Vehicle FP 0 Fingerprints PROPK ❑ Front Pocket RST ❑ Restaurant UVNAM Q Used Victims Name GL ❑ Glass Fragmwsta PANPK U Hand in Pocket SAL ❑ Salvage/Wracking Yard UVTOO ❑ Used Victims Tools HA ❑ Hair HIPHO 0 Hip Holster SCMSchool VANDL ❑ Vandalized MS ❑ Mud/Soil LEFTH ❑ Left Hand SPT ❑ Sport ng Goods Store VEHNO ❑ Vehicle Needed 22.Distribution 2a Additional Routing ❑B ❑C ODA ODE [:]L pro OSA ❑V - []investigation ❑Vice ❑Narcotics CDD Juv ❑Coroner 24. mind Oepu/try(Plant) 25 D / me Wratten 26. ser n LJ Property Ck ❑ACS Owen. ORO. ❑SHCrA. 1 Patrol Captain ❑Compr Ofe. ❑Marine Petrol 27 Appt upv.(Print) fS S pv.No. 29.Date 30.Page L}Other FOAM C (Rnv 2/891 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AUGUST 9, 1994 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), pursuant to Government Code Amount: $25,000.00 Se onlrl3,CRO'Ti, .4 Please note all -Warnings-. CLAIMANT:JONES, Quincy J U L 8 1994 ATTO;NEY: COUNTY COUNSEL MARTINEZ CALIF. Date received ADDRESS: 241 Royce Way BY DELIVERY TO CLERK ON July 15. 1994 Pittsburg, CA 94565 BY MAIL POSTMARKED: Hand Delivered 1. FROM: Clerk of the Board of Supervisors ?70: _ County Counse_1 Attached is a copy of the above-noted claim. pp JL ATCHELOR, Clerk DATED: Bq: �AT% , II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. { ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying I claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present { ✓) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: f2JJ4PHIL BATCHELOR, Clerk, By_ 1� , ( 'A��pfl _ . Deputy Clerk 741 WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to 'the claimant as shown above. Dated: - "Q BY: PHIL BATCHELOR by � , v- aiQ ,� Deputy Clerk CC: County Counsel County Administrator CLAIM AGAINST COUNTY OF CONTRA COSTA AND ITS AGENTS AND EMPLOYEES Quincy Jones hereby represents a claim against the County of Contra Costa and its agents and employees. NAME AND ADDRESS OF CLAIMANT: B Quincy Jones 't RECEIVE® 241 Royce Way Pittsburg, CA 94565 ADDRESS TO WHICH NOTICES SHOULD BE SENT: JUL 151994 Quincy Jones CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. 241 Royce Way Pittsburg, CA 94565 DATE, PLACE AND CIRCUMSTANCES OF OCCURRENCE: Claimant QUINCY ABDUL JONES was charged with having committed a strong arm robbery on July 17, 1993 in Antioch, California. He was adjudged guilty on December 27, 1993 by a referee sitting as a juvenile court judge. He was represented in those proceedings by Leslie Bialik of the Alternate Defender's Office of Contra Costa County. In early January 1994 Claimant consulted with the offices of Coker & Ramirez and retained A. Araceli Ramirez, Esq. to take action necessary to evaluate the juvenile case and to secure a new trial if warranted. On or about January 24, 1994 , Coker & Ramirez was provided with the police reports and accompanying documents, together . with the papers from the prior proceedings, which revealed: 1) . that investigation by the Antioch Police Department showed that according to the victim of the crime, the perpetrator had leaned on the side of her car with a bare hand, leaving a usable palmprint and 2) a number of witnesses who had knowledge that Claimant was not the responsible party in this crime; and 3) Claimant denied culpability in the commission of the crime but was disbelieved by attorney Bialik. Review of these documents suggested that Alternate Defender Bialik had failed to 1) investigate the palm print to determine if it was exculpatory as to Claimant and 2) failed to contact and call as witnesses any of the persons who could and would have testified that Claimant was riot the perpetrator. Claimant's new counsel made arrangements for Claimant (who had already been committed to Byron Boys Ranch) to be printed and his prints compared to the palmprint lifted from the vehicle. This process took virtually the entire month of February 1994 . Counsel received a facsimile transmission on March 1, 19944, containing the palmprint analysis and comparison which indicated that the perpetrator's print did not match that of Claimant. Counsel then requested a new trial and also filed a Notice of Appeal from the previous ruling. The new trial was scheduled for May 17, 1994, and the prosecution dismissed the juvenile court petition. As a direct and proximate result of this legal malpractice, Claimant was adjudged a ward of the court, and was eventually removed from his parent's home and subsequently committed to Byron Boys Ranch. He was compelled to expend considerable money to engage the services of A. Araceli Ramirez, Esq. , who took appropriate action to investigate the palm print on the vehicle and have it compared to Claimant's, and to represent Claimant in the request for a new trial and at the subsequent trial. At the second trial, the Petition was dismissed, presumably because the forensic evidence proved that Claimant was not the person who left the palm print on the victim's car, and was therefore not the robber. PARTIES RESPONSIBLE: Alternate Defender Leslie Bialik; Contra Costa County, Alternate Defender Office and other agents and employees of the Alternate Defender's Office, whose names are presently unknown. AMOUNT OF CLAIM: $25, 000. 00 compensatory damages, including attorney fees and costs paid to private counsel to correct the errors of County- appointed defense counsel in the juvenile case (total expenditure of $1, 125. 00) . GENERAL DESCRIPTION OF INJURIES AND BASIS OF COMPUTATION OF DAMAGES: By reason of the above-described acts of these agents and employees of the County of Contra Costa County, Claimant was wrongfully charged with a crime, wrongfully tried for the crime and wrongfully convicted of the crime, thereby suffering a period of commitment at the Byron Boys Ranch, monetary damage in the form of attorney fees and costs to undo the damage done by the carelessness of the County, and was humiliated and embarrassed in front of his peers and family. Claimant' s damage due to the adverse legal proceedings continued through May 17, 1994, the date the second trial was scheduled. His emotional distress, humiliation, embarassment, etc. , continues to the present. Dated: July 13, 1994 Quincy 1 Jones CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 4UGUST_9, 19.94 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $871.38 Section 913 an15,r1* Oa nl all -Warnings". CLAIMANT: LEAL, Seraphin J. s �7 J U L 1 1994 ATTORNEY: COUNTY COUNSEL Date received MARTINEZCALIF. ADDRESS: P.O. Box 625 BY DELIVERY TO CLERK ON July 18, 1994 Clayton, CA 94517 BY MAIL POSTMARKED: Hand Delivered 1. FROM: Clerk of the Board of Supervisors -70: County_ Counsel Attached is a copy of the above-noted claim. ppH IL eATCNELOR, Clerk DATED: 81: Deputy (�y ANIMA a� ll. FROM: County Counsel TO: Clerk of the Board of Supervisors (✓ ) This claim complies substantially with Sections 910 and 910.2. r ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). { ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �U- 1 9 y BY: Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1V. BOARDD ORDER: By unanimous vote of the Supervisors present { r') This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Q Dated: PHIL BATCHELOR, Clerk, By_ �/� � _ ; , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or geposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez. California, postage fully prepaid a certified copy Of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: /Q BY: PHIL BATCHELOR by f �����p�_ I Deputy Clerk CC: County Counsel County Administrator Cla;-- to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Clams relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before, 'December 31, 1987, must be presented not later than the' 100th day after the accrual of the cause of action. Claims relating to causes of action for-death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must "be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action: (Govt. Code'§911.2.) 1 B.) Claims must-be filed-with the Clerk of the Board of Supervisors at its office in l Room 106, County' Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public ,entity, separate claims must be filed against each public entity:, E. Fraud. See penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this for--. RE: Claim By } Reserved for Clerk's filing stamp i rl _ L e / ) �„ RECEIVED ) Against the County of Contra Costa ) JLL a IM, or ) District) CLERK BOARD OF SUPERVISORS Fill in name ) CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ :g_:Z /, 3 and in support of this claim represents as follows: 1. When .did the damage or injury occur? (Give exact date and hour) 2. Where did the damage or injury occur? (Include city and county) 3. How did the damage or injury occur? (Give full details; use extra paper if required) PI'Ck/e c.p 4-rt,( cK P d- o ✓e r clan.6le. a+- ex Gess,'r% Spm � G -,es r q rocks t-o ---------------------- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? -777e- eez, u, )[)t41'n ©; -4- q Ya I/e 1 o V er -the- -E-r,� D-� e, �i �l pa,-�c ,g.9 , -7)ie`lh Cy? -Ie- /b 144 were- eaczw a)6; �' e � +k e r GUS Sw epi �� P oc�Cs 7�e � 6��11(ove") `7 /ea-v �' �. Y�aGk Ort fie. 1 ��- ar� l ak le.- -i;r *e, darm-q e L D. wnat are the names of county or district officers, servants or employees causing the da.^�-ge or injury? 'RLtW-1,c Wqyi(s 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. P, 1 by Y-Ock - l jAQr Shje/a( On Drive-r s- s-IVc • :2, eS4;1174� ------ t !�_ 2 V �:�c� __&/_2_est;y►-�a, . a� ---- - 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) h'G,p �/ �r ..- �'co f�-g �. 1l. C��n G. Q CCDrO�►�-oi $. Names and addresses of witnesses,_ doctors and hospitals. - ---------------------------- 9• List the expenditures you made on account of this accident or injury: DATE ITEM t AMOUNT w Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of Attorney Clai is Signature Address Telephone No. Telephone No. 7a * * * * * * +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,. city' or-, district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent , claim, bill, account, voucher`, or writing, is punishable 'either' by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by' both such imprisonment and fine, or by imprisonment in the state prison, by.. a fine of not exceeding ten thousand dollars ($10,000, or by. both suA-h imprisonment and fine. ADDENDUM TO THE CLAIM OFT Lc a Print your full name) ( 1) Do you use the roadway as part of a daily commute? Yes ( V/ ) No ( ) ( 2) Were you aware that construction would be commencing on the roadway? Yes ( ) No ( 3) Was an alternate route available? -Yes ( ) No. ( 4) ' Did you read about the impending resurfacing- in the local -newspaper? Yes ( ) No ( ✓) (.5) Did: you see warning signs advising of loose gravel and a 25` mile per'hour advisory sign? Yes (✓)' No ( ) ( 6) `-• Did the damage. result from another vehicle exceeding the . 25 mile per• hour -advisory? Yes (V) No ( ) (7) Did a vehicle traveling in the same direction and exceeding the 25 mile per hour advisory sign attempt to pass you? Yes (� No ( ) ( 8) Did a vehicle coming- from the opposite direction cause gravel to be thrown onto your car? Yes ( ) No (✓ ) ( 9) Was the vehicle located directly in' front of you exceeding the speed advisory? - - Yes ( ) No ( ) vV&_j . (,l-.0)--- --Did you travel. the roadway more `than once during the resurfacing prior to the damage sustained to your car? Yes ( ) No ( 11) . Did you obtain the identity of the car relating to quest-ions-6 thru 9? ' Yes ( ) No ( I/� If yes, please provide identification below: ( 12) Please describe in your own words how the .gravel caused damage to your vehicle and the angle the .gravel. was thrown onto the car, along with the specific damaged parts on your .vehicle. I ` l ( 13) were you aware that using the road during the chip seal process might result in damage to your,-car? Yes ( No I declare that the above information is true and correct under the penalty of perjury. �r ( gnature) (Date) .a DR.SCOT rS R.V.CLINIC Complete Repairs and Service X424 er►tas Ar.. 0 Concord; Calltornil;t 94520 (510) 827.3855 I No. ' _...EST1f ATE...GF_..R.EPAIR8 . . . _ vueNI.aartaMneft"are not blowing._. Owmr Ptwft 72 - _. Data. 7Z01.9 Addraw P.O. 115yt, — " ... Claim. No... ..... Insurance Co. . Addraw . ..... ......Phopte...._. ...-.. _ Wransa.N .... Year Model erlYfpQ o Malo c�rS NN LU Q_ P. opera/len. DLaCA1�T.IdM.Op LI►t011 O.IL.itAT.f-nL1L'L____... AAA_T.[A.1'L KOURA", 14 1 Ppy Al Wt ASSUML NO R@SFONSIeILITV TO REPAIR PRIOR DAMAGES NOT INCWOEO IN TNIS ESTIMATE. TOTALts_tzi 5� 1, Old para will be Junked unteM olharwlse IMtnutad.ln.Wx)llelg. 7, rata end labor to r.Wu conceded damaae will M ohMagd at egy1M Mlep tNN.NewW",no week will Wil• $D 00 read on concealed damage without aulherlsellon. i. Camper lowing and unloading trom lfuck not Included,unleal.W06111611. Toth IMaterlal S�z SO" d. Tra11ar lowing to and from chop will be at publlNMd F.U.C.talar, �. 6. This esllTale hill binding altar thlrty 1301 devs. _.._... _,...._�.. . _ Fpelphl C/IIQs�L - 6, All wur► u C O. unlaas nor arran w nienls he been'consurmrnetad. faNmalad av _- ......-AVwcwd ev.. .. ._.. - ...... — Tee 8. - - r AUTHORIZED ANO ACCEPTED Me Olrt TOW Al SIW Oat• TOTALi. S 74J3 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY. CALIFORNIA 'AUGUST_ =9, .1994 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below). given pursuant to Government Code Amount: Unknown Section 913 a�" 91, '4 } PrYease to all "Warnings". ,� I CLAIMANT: SOLTOW, Paul and Central Engineering, Inc. J U L 18 19904 ATTORNEY: Daniel S. Lee COUNTYCOUNSE-L Larson & Burnham Date received MARTINEZCALIF. ADDRESS: P.O. Box 119 BY DELIVERY TO CLERK ON July 15, 1994 Oakland, CA 94604 BY MAIL POSTMARKED: July 14, 1994 1. FROM: Clerk of the Board of Supervisors T0: county,TO Attached is a copy of the above-noted claim. ppH IL BATCHELOR, Clerk DATED:_ )9 4 81: Deputy 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( 'V, This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: l'. Deputy County Counsel L 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1V. BOARD ORDER: By unanimous vote of the Supervisors present (A This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or Aleposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING 1 tieclare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postai Service in Martinez. California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. / �{ Dated: 1175, BY: PHIL BATCHELOR by , ( "� I Deputy Clerk CC: County Counsel County Administrator 0 a c') r ,., N r�� `- o d 0 �3 04 Q� d' ZOO U o U r LAW OFFICES OF LARSON & BURNHAM DAVID O.LARSON CLARK J.BURNHAM CHRISTOPHER L.AGUILAR CATHY L.ARIAS GREGORY DAVID BROWN GEORGE J.21SER A PROFESSIONAL CORPORATION CARYN BORTNICK MELISSA A.BRU22AN0 ROBERT J.LYMAN ERIC R.HAAS 1901 HARRISON STREET, 11111 FLOOR PAUL D.CALEO CHRISTOPHER J.CONNELL SCOTT C.FINCH STEVEN M.MARDEN OAKLAND,CALIFORNIA 94612-3501 MARK C.DAVIS MICHELLE A.DES JARDINS RALPH A.ZAPPALA MONICA DELUOSSO' TELEPHONE: (510)444-6800 VERA C.DE MARTINI JACQUELINE deSOUZA PETER DIXON JEFFERY G.BAIREV LYNN M.DIRINGER THOMAS M.DOWNEY SUSAN FELDSTED HALMAN PATRICK McCARTHY WILLIAM J.DUKE JOHN B.ELLIS GARY R.SELVIN H.WAYNE GOODROE PAMELA F.ELLMAN RICHARD J.FINN ROBERT A.FORD DAVID R.PINELLI SUSAN E.FIRTCH DOUGLAS S.FREE MICHAEL R.REYNOLDS JAMES L.WRAITH Please reply to: BETH S.FREEDMAN JENNIFER B.GIESELER AVESHA Z.HASSAN JAMES F.HODGKINS A.J.MOORE,JR.(1918-1984) POST OFFICE BOX 119 TRELAWNEY JAMES-RIECHERT MICHAEL K.JOHNSON OAKLANDCALIFORNIA 94604-0019 JANE KELLY KATHLEEN L.KRESNAK , JAMES H.RIGGS(OF COUNSEU' DANIEL S.LEE FRANK C.LIUZZI TELECOPIER NUMBER: (510) 835-6666 PELAYO A.LLAMAS,JR. VICKIE K.MAVROMIHALIS NANCY K.McDONALD STEVEN A.NIELSEN GUSTAVO PENA ANDRICO Q.PENICK MICHAEL WORTH REYNOLDS JAMES J.ROSATI 'Cettified Specialist,Probate,Estate Planning end Treat Lew STEPHEN Q.ROWELL WALTER C.RUNDIN The State Bar of Celifomia Board of Legal Specialization MAI SHARIF SHIVER CATHERINE SQUILLACE BRYAN K.STAINFIELD ANJALI TALWAR DARRELL T.THOMPSON SHAWN A.TOLIVER JOHN J.VERBER DAVID H.WATERS DAVID S.WEBSTER STEPHEN C.WHITNEY WRITER'S DIRECT DIAL NO: BRADLEY M.ZAMCZYK BARRY ZOLLER July 13, 1994 FRECEIVE®ClerkBoard of Supervisors 51994 Contra Costa County 651 Pine Street, Room 106 CLERK BOABD OF SUPERVISORS Martinez, CA 94553 CONTRA COSTA CO. Re: Woizeski v. City of Richmond, et al. Dear Clerk: Enclosed with this correspondence please find Paul Soltow's and Central Engineering, Inc. 's claim for indemnity against Contra Costa County, and a copy of the underlying plaintiff's complaint. If you have any questions, please contact the undersigned. Very truly yours, SON & B Daniel S. Lee DSL:cp Enclosures 193385[1] 1 SCOTT C. FINCH, state Bar No. 083406 DANIEL S. LEE, state Bar No. 160771 2 LARSON & BURNHAM A Professional Corporation 3 P.O. Box 119 Oakland, CA 94604 4 Telephone: (510) 444-6800 Facsimile: (510) 835-6666 5 Attorneys for Defendants 6 PAUL C. SOLTOW, JR. and CENTRAL ENGINEERING, INC. 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA 9 10 KATHERINE WOIZESKI, No. C94-01579 11 Plaintiff, CLAIM FOR INDEMNITY AGAINST THE COUNTY OF CONTRA COSTA 12 V. (Gov. Code § 910] 13 CITY OF RICHMOND, COUNTY OF CONTRA COSTA, CONTRA COSTA 14 FLOOD CONTROL AND WATER CONSERVATION DISTRICT, THOMAS ECLERD VED 15 B. SEVIGNY AND LINDA E. SEVIGNY, PAUL C. SOLTOW, JR. , JUL1994 16 CENTRAL ENGINEERING, INC. , AND DOES 1 TO 10, INCLUSIVE, 17 Defendants. STA Cp ISORS 18 19 TO: THE COUNTY OF CONTRA COSTA 20 The undersigned hereby presents the following claim for 21 indemnity against the County of Contra Costa pursuant to 22 section 910 of the California Government Code. 23 1. The name and post office box of the claimants are as 24 follows: Paul C. Soltow, Jr. and Central Engineering, Inc. , 25 3817 San Pablo Dam Road, #629, Sobrante, California 94803 . 26 2. All notices and communications concerning this claim 27 should be sent to Daniel S. Lee of Larson & Burnham, P.O. Box 28 119, Oakland, California 94604. LAW OFFICES OF LARSON&BURNHAM 1 A PROFESSIONAL CORPORATION 1 3 . This claim for indemnity arises out of a lawsuit 2 filed by Katherine Woizeski, filed on or about April 12, 1994 , 3 in the Superior Court of California, County of Contra Costa, 4 naming as defendants, among others, the City of Richmond, 5 County of Contra Costa, Contra Costa Flood Control and Water 6 Conservation District, Thomas B. Sevigny, Linda E. Sevigny, 7 Paul C. Soltow, Jr. , and Central Engineering, Inc. This action 8 has been designated as case no. C94-01579. A copy of 9 plaintiff's complaint is attached hereto and marked as Exhibit 10 A. 11 4 . On or about December 1992, plaintiff alleges that 12 defendants City of Richmond, Contra Costa County, Contra Costa 13 Flood Control and Water Conservation District, negligently, 14 inter alfa, constructed and maintained a culvert below 15 El Portal Drive in a dangerous condition so that water 16 emanating from the culvert flowed directly at her real property 17 located at 4133 Barranca Street, E1 Sobrante, California, 18 causing subsidence and placing the house on her property in 19 eminent peril of collapse. Plaintiff further alleges that the 20 culvert has been and continues to be an unlawful and non- 21 privileged trespass on her property. Plaintiff further alleges 22 that the culvert has caused an inverse condemnation situation 23 on her property. 24 5. Claimants Paul C. Soltow, Jr. and Central 25 Engineering, Inc. contend that negligent acts and/or omissions 26 on the part of the County of Contra Costa caused or contributed 27 to plaintiff's alleged damages, if any. Therefore, claimants 28 claim the right of total and/or partial indemnity and LAW OFFICES OF LARSON&BURNHAM A PROFESSIONAL CORPORATION 2 1 contribution from the County of Contra Costa for all 2 settlements, judgments, losses, costs, attorneys fees, and/or 3 other damages for which claimants may become, or have become 4 liable, arising out of the lawsuit filed by plaintiff Woizeski. 5 6. General description of indebtedness, obligation, 6 injury, damage or loss: Plaintiff's property is allegedly 7 beginning to subside. Also, see attached complaint. 8 7. Name of public employee or employees causing injury 9 and damage: unknown, see attached complaint. 10 8. Kind and value of damage: injury to real property; 11 value unknown, see attached complaint. Jurisdiction over this 12 claim purportedly rests in the Superior Court. 13 DATED: July �3 , 1994 14 LARSON & BURNHAM 15 CL 16 By: hAoA.0 aniel S. Le 17 Attorneys for Defendants PAUL C. SOLTOW, JR. and CENTRAL 18 ENGINEERING, INC. 19 188684[2] 20 21 22 23 24 25 26 27 28 LAW OFFICES OF LARSON&BURNHAM 3 A PHO FESSIONAL COMPO NATION EiryiGrT /� �--. . . .-j r-;- 1 1 FOLEY McINTOSH & FOLEY L� LA Professional Corporation 2 James D. Claytor, State Bar No. 53305 IiyF114 ,r-*,-', , ., 3: 13 3675 Mt. Diablo Blvd., Suite 250 " ' = 3 Lafayette, CA 94549 4 Telephone: (510) 284-3020 NOTICE: (LOCAL RULE 5) �----:,'-�__ ...__..,,7 5 Attorneys for Plaintiff AS,iIGNEp TO THIS CASVOERNMENT AND CC ES 6 DEPT. UNC R GCODE 6 600 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF CONTRA COSTA 10 11 KATHERINE WOIZESKI, CASE NO. 9 4 ' 0 Y 5 s' q 12 Plaintiff, COMPLAINT 13 vs. 14 CITY OF RICHMOND, COUNTY OF CONTRA COSTA, CONTRA COSTA FLOOD 15 CONTROL AND WATER CONSERVATION DISTRICT, THOMAS B. SEVIGNY AND 16 LINDA E. SEVIGNY, .:PAUL C. SOLTOW, JR., CENTRAL ENGINEERING- INC., AND 17 DOES I TO 10, INCLUSIVE, 18 Defendants. 19 20 21 Plaintiff Katherine Woizeski complains of Defendants, and each of them, as follows: 22 1. Plaintiff Katherine Woizeski ("Plaintiff") is and at all times material hereto was, the 23 owner of the real property located at 4133 Barranca Street, El Sobrante, California ("THE 24 PROPERTY"). 25 26 27 28 1 2. Defendants City of Richmond, County of Contra Costa, Contra Costa FIood Control 2 District and Water Conservation District, and each of them (hereinafter the "public entity 3 Defendants" unless otherwise specified) are political subdivisions of the state, existing under the 4 laws of the State of California and situated or conducting governmental affairs as hereinafter alleged 5 in the County of Contra Costa. 6 3. Defendants Thomas and Linda Sevigny (hereinafter collectively "Sevigny") were the 7 owners of THE PROPERTY immediately prior to Plaintiffs ownership. Plaintiff is informed and 8 believes and thereon alleges that Sevigny were and are residents of Contra Costa County. 9 4. Plaintiff is informed and believes and thereon alleges that Defendant Paul C. Soltow, 10 Jr. is a civil engineer registered by the State of California. Plaintiff is informed and believes and 11 thereon alleges that Paul C. Soltow, Jr. resides in Contra Costa County. 12 5. Plaintiff is informed and believes and thereon alleges that Defendant Central 13 Engineering Inc. is a corporation licensed by the State of California to act as a civil engineer. 14 Plaintiff is informed and believes and thereon alleges that Defendant Central Engineering Inc. has 15 its principal place of business in Contra Costa County, California. .16 6. 1 Plaintiff is ignorant of the true names and capacities of Defendants sued herein as 17 Does one through ten, inclusive, and therefore sues these Defendants by such fictitious names. 18 Plaintiff will amend this complaint to allege their true names and capacities when ascertained. 19 Plaintiff is informed and believes and thereon alleges that each of said fictitiously named Defendants 20 is responsible in some manner for the occurrences herein alleged, and that Plaintiffs damage as 21 herein alleged were proximately caused by their acts. When the full nature of such Defendant's 22 responsibility is determined, leave of court will be sought to amend this complaint to allege same. 23 24 25 26 27 28 / / / 1 FIRST'CAUSE OF ACTION 2 (Negligence Against Public Entity 3 Defendants and Doe Defendants 1 to 3) 4 7. Plaintiff incorporates by reference as if fully set forth herein paragraphs 1, 2, and 5 6 above. 6 8. At all times material hereto, the public entity Defendants, and Doe Defendants 1 to 7 3, inclusive, and each of them, approved, consulted, planned, designed, constructed, improved, 8 remodeled, controlled, used, and/or maintained the culvert below El Portal Drive. ("THE 9 CULVERT"). THE CULVERT receives water from the creek above El Portal Drive; it carries to water under El Portal Drive; it discharges same into the creek that runs adjacent to THE it PROPERTY. 12 9. On or about December of 1992, and prior thereto, THE CULVERT was in a 13 dangerous condition that created a substantial risk of the type of damage hereinafter alleged when 14 THE PROPERTY was used with due care in a manner that was reasonably foreseeable. More 15 specifically,THE CULVERT was negligently approved, consulted, planned, designed, constructed, 16 improved, remodeled, controlled, used, and/or maintained, for example, and not by way of 17 limitation, when THE CULVERT was designed and installed, said Defendants caused the alignment 18 of the creek upstream from THE PROPERTY to be changed so that water emanating from THE 19 CULVERT, that would otherwise have flowed by THE PROPERTY, in a parallel direction thereto, 20 instead flowed directly at THE PROPERTY. In consequence of the foregoing negligent approval, 21 planning, design, construction, etc., at various times of the year, THE CULVERT caused massive 22 amounts of water to strike, erode, and undermine THE PROPERTY, causing THE PROPERTY 23 to subside. Said dangerous condition continues to exist, as a result of which, Plaintiffs property 24 is continuing to subside. 25 26 27 28 / / / 1 10. The public entity Defendants, and Doe Defendants 1 to 3, inclusive, and each of 2 them, had actual knowledge of the existence of the above dangerous conditions, and knew or should 3 have known of their dangerous character a sufficient time prior to December of.1992 to have taken 4 measures to protect against these dangerous conditions, and the damage they caused to THE 5 PROPERTY. 6 11. As a direct and proximate result of the aforealleged dangerous condition of THE 7 CULVERT pipe, Plaintiff has sustained damage in that the backyard of THE PROPERTY has 8 collapsed, decks and other structures on THE PROPERTY have been destroyed, and Plaintiffs 9 house has been placed in imminent peril of collapse. As a result of such injury to THE 10 PROPERTY, Plaintiff has sustained damage in an amount not yet fully ascertained, but which 11 Plaintiff is informed and believes exceeds the jurisdictional minimum of this court. When the 12 amount of such damage is ascertained, leave of court will be sought to amend this complaint to 13 allege same. 14 12. On or about September of 1993, Plaintiff filed claims against Defendants City of 15 Richmond, County of Contra Costa, and Contra Costa Flood Control and Water Conservation 16 District, true and correct copies of which are attached hereto as Exhibit A, B, and C. Such claims 17 were rejected on October 28, October 20, and October 20 (true and correct copies .of such 18 rejections are attached hereto as Exhibits D, E, and F). 19 WHEREFORE, Plaintiff prays as hereinafter set forth. 20 SECOND CAUSE OF ACTION 21 (Continuing Trespass Against Public Entity Defendants 22 and Doe Defendants 1 to 3) 23 13. Plaintiff incorporates by reference as if fully set forth herein paragraphs 1, 2, 6, and 24 8 through 12, inclusive. 25 14. As a result of the negligent approval, consulting, planning, design, construction, 26 improvement, remodeling, control, use, and/or maintenance of THE CULVERT by the public 27 entity Defendants and Doe Defendants 1 to 3, and each of them, as alleged heretofore, there has 28 been and continues to be an unlawful and nonprivileged trespass on THE PROPERTY by said 1 Defendants; to-wit, said Defendants have caused and continue to cause the stream of water that 2 emanates from THE CULVERT to directly and injuriously enter upon and under THE PROPERTY 3 all to Plaintiff's damage in the manner and in the amounts alleged heretofore; 4 WHEREFORE, Plaintiff prays as hereinafter set forth. 5 THIRD CAUSE OF ACTION 6 (Inverse Condemnation Against Public Entity Defendants 7 and Doe Defendants 1 to 3) 8 15. Plaintiff incorporates by reference as if fully set forth herein paragraphs 1, 2, 6, and 9 8 through 12 and 14, inclusive. 10 16. As a direct and necessary result of the approval, consulting, planning, design, it construction, improvement, remodeling, control, use, and/or maintenance of THE CULVERT by 12 the Public Entity Defendants and Doe Defendants 1 to 3, and each of them, (i) there has been a 13 taking of THE PROPERTY as aforealleged; (ii) THE PROPERTY has been damaged as 14 aforealleged. 15 17. Such taking and damage were proximately caused by the failure of the public entity 16 Defendants slid the Doe Defendants I to 3, and each of them, to properly approve, consult, plan, 17 design, construct, improve, remodel, control, use, and/or maintain THE CULVERT, for example, 18 and not by way of limitation, said Defendants failed to design and construct THE CULVERT so 19 that it did not aim the stream at THE PROPERTY. 20 18. Plaintiff has received no compensation for the damage to THE PROPERTY, nor has 21 Plaintiff received compensation for the value of THE PROPERTY that has been taken. 22 19. Plaintiff has incurred and will incur attorney's fees, appraisal fees, and engineering 23 fees because of this proceeding, in amounts that cannot yet be ascertained, which are recoverable 24 in this action under the provisions of Section 1036 of the Code of Civil Procedure. 25 WHEREFORE, Plaintiff prays as hereinafter set forth. 26 27 28 / / / 1 FOURTH CAUSE OF ACTION 2 (Negligent Misrepresentation Concealment Against Sevigny) 3 20. Plaintiff incorporates by reference as if fully set forth herein paragraphs 1, 3, 4, 5, 4 and 6, and each of them. 5 21. By law, Sevigny was obliged to disclose in a written real estate transfer disclosure 6 statement any and all facts pertaining to repairs to THE PROPERTY, including, without limitation, 7 any of the following known or suspected conditions or problems: structural modifications, slippage, 8 landfill, settling, sliding, other soil problems, flooding, drainage, or grading problems. 9 22. On or about October 27, 1988, Sevigny executed a real estate transfer disclosure 10 statement, which statement Sevigny caused to be delivered to Plaintiff. A true and correct copy 11 of said statement is attached hereto'as Exhibit G. . 12 23. Plaintiff is informed and believes and thereon alleges that this real estate transfer 13 disclosure of omitted material facts which, by law, were required to have been included, and which 14 facts were necessary to make the statement accurate and complete; namely, Plaintiff is informed 15 and believes and thereon alleges that Sevigny knew of, yet failed to disclose to Plaintiff in the 16 transfer statement, or at any time thereafter; the following facts, among others: (i) THE 17 PROPERTY had previously experienced major damage due to land subsidence; (ii) THE 18 PROPERTY was peculiarly susceptible to flooding and/or subsidence; (iii) the repairs of previous 19 damage were inadequate; they could not reasonably prevent future subsidence. 20 24. Plaintiff had no ability to reasonably ascertain the true facts regarding THE 21 PROPERTY as just alleged, and in reliance upon the incomplete statements in Exhibit G, and in 22 ignorance of the true facts concerning THE PROPERTY, Plaintiff purchased THE PROPERTY 23 from Sevigny on or about November 8, 1988. There was further no reasonable manner in which 24 Plaintiff could have known the true facts prior to the purchase since the same were not readily 25 ascertainable. 26 25. As a direct and proximate result of Sevigny's negligent concealment of facts as 27 aforealleged, Plaintiff has sustained damage in that: (i) the actual value of THE PROPERTY 28 Plaintiff received is far below the actual value Plaintiff paid; (ii) Plaintiff has and will be obliged - i 1 to expend monies in reliance upon said concealment, including, without limitation, costs to repair 2 THE PROPERTY; (iii) Plaintiff has been deprived of anticipatable profits in this.transaction. The 3 full amount of such loss/damage has not yet been ascertained; however, Plaintiff is informed and 4 believes that it is far in excess of the jurisdictional minimum of this court. When the full amount 5 of such damage is ascertained, leave of court will be sought to amend this complaint to allege same. 6 WHEREFORE, Plaintiff prays as hereinafter set forth. 7 FIFTH CAUSE OF ACTION 8 (Professional Negligence Against Soltow.and Central) 9 26. Plaintiff incorporates by reference as if fully set forth herein paragraphs 1, 3, 4, 5, 10 and 6, and each of them. 11 27. Plaintiff is informed and believes and thereon alleges that'on or about 1988, 12 Defendants Paul Soltow and Central Engineering, and each of them, designed and constructed a 13 steel pier and bulkhead retaining wall supporting the rear yard on THE PROPERTY. Said design 14 and construction were negligent in that neither the design nor the construction met that minimum 15 level of care exercised by comparable professionals in the same or similar circumstances in the 16 immediate geographic vicinity. For example, and not by way of limitation, the wall was not 17 designed in such a way to withstand the expected water flows in the adjacent creek; the wall was 18 constructed of substandard materials not fit for the purpose in question. 19 28. Plaintiff did not learn of such negligent design and construction until December of 20 1992 when the same failed, nor could Plaintiff have learned of same due to the fact that such 21 defects were not readily ascertainable. 22 29. As a direct and proximate result of such negligent design and construction, Plaintiff 23 has suffered damage in that the wall has failed, causing Plaintiff's deck, yard, and house to subside 24 or otherwise suffer damage. The frill amount of such damage has not yet been ascertained, but 25 Plaintiff is informed and believes that it-is far in excess of the jurisdictional minimum of this court. 26 When the full amount of.such damage is ascertained, leave of court will be sought to amend this 27 complaint to allege same. 28 WHEREFORE, Plaintiff prays as hereinafter set forth. 1 SIXTH CAUSE OF ACTION 2 (Negligent Misrepresentation Against Soltow and Central) 3 30. Plaintiff incorporates by reference as if fully set forth herein paragraphs 1, 3, 4, 5, 4 and 6, and each of them. 5 31. As of October 10, 1988, Defendants Paul Soltow and Central Engineering, Inc., and 6 each of them, represented themselves to Plaintiff as being licensed civil engineers; as a result of 7 which they represented to Plaintiff that they had superior knowledge to Plaintiff in regards to 8 matters pertaining to the planning, design, construction, and evaluation of retaining walls and 9 related structures. 10 32. On or about October 10, 1988, said Defendants represented to Plaintiff, in writing, 11 that the retaining wall they had planned designed and constructed was structurally sound. Such 12 representation was contained in the letter, a true and correct copy of which is attached as Exhibit 13 H. 14 33. Said representation was not true at the time it was made. Said Defendants had no 15 reasonable basis for making such representation. In reasonable reliance upon such representation, 16 and in ignorance of its falsity, Plaintiff purchased THE PROPERTY. Plaintiff did not learn nor 17 could she have reasonably learned of the falsity of such representation until December of 1992, 18 when the fall failed, in that the defects in same were not readily ascertainable. 19 34. As a direct and proximate result of such false representation, Plaintiff has been 20 damaged in the manner and in the amounts alleged heretofore. 21 WHEREFORE, Plaintiff prays that: 22 1. She be awarded damages according to proof against each and every Defendant, 23 including, without limitation: 24 a. Damages against the public entity Defendants and Does 1 to 3 for (i) the 25 injury suffered by THE PROPERTY; (ii) the value of the taking of THE PROPERTY; 26 b. Damages against all other Defendants for the injury to THE PROPERTY; 27 2. She be awarded costs; 28 / / / 1 3. She be awarded her reasonable attorney's fees and costs as against the public entity 2 Defendants and Doe Defendants 1 to 3; 3 4. She be awarded such other and further relief as the court may deem just. 4 Dated: �� '� 7 , 1994 5 FOLEY McINTOSH & FOLEY 6 Professional Corporation 7 8 B 9 ies D. Claytor. 10 Attorneys for Plaintiff 11 12 13 14 15 16 17 18 19 20. 21 22 23 24 25 26 27 28 1 VERIFICATION 2 I, Kadherine Woizewski, am the Plaintiff in the above entitled action; I have read 3 die foregoing Complaint, and know die contents thereof; and I certify that the same is- 4 true of my own knowledge, except as to the matters which are dierein stated upon my 5 information or belief, and as to those matters I believe diem to be true. 6 I declare under penalty of perjury under die laws of die State of California that the 7 foregoing is true and correct, and that this declaration was executed at , 8 California, on , 1994. 9 J 10 Cx .`3Jc7�t� a herhne Woizeski 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 j Claim of KATHERINE WOI7ESKI CLAIM FOR INJURY _ TO REAL PROPERTY against ' CITY OF RICHMOND To City Clerk,- City of Richmond: l 1. Claimant, KATHERINE WOIZESKI, whose address is 4133 Barranca Street, El Sobrante, California claims damages from the City of Richmond in an amount that exceeds.$25,000 for injury to claimant's improved real property located at f t 4133 Barranca Street, El Sobrante, California. ' 2. Jurisdiction over this claim will rest in Superior court. 3. This claim `is based on subsidence damage to the aforementioned real property that happened on or about December, 1992 at the above site under the following circumstances: The City of Richmond negligently and improperly approved, consulted, planned, designed, constructed, improved, re-modeled, controlled, and/or maintained the culvert below El Portal Drive and located downstream from Claimant's improved real property, to wit, the Super Span Culvert Bridge, EI Portal Drive, Subdivision 4593, Sobrante Glen. Due to said negligence, Claimant's property was damaged by severe subsidence as hereinabove alleged. Claimant will sustain further damage if the defective, improperly designed, constructed and,maintained culvert is not corrected. 4. Claimant does not knew the names of the public employees who caused A claimant's injury, damage and loss. ; S. The injury, damage and loss sustained by claimant consists of severe subsidence damage to her improved real property located at 4133 Barranea Street, El - Sobrante, California. 6. The injury, damage and loss expected to be incurred in the future includes further injury; damage and loss to the said property and structures thereon caused by continuing,-fur ther and successive subsidence of the real property owned by Claimant. 7. All notices and communications concerning this claim should be sent to: PAUL T. KLOBAS Attorney at Law ' 4515 San Pablo Dam Road ; P.O. Box 20030 • El Sobrante, .California 44820-QO30 Telephone: (510) 223-5073 Fax: (510) 223-5306 Date: -,11�� f 131 �` �, .7) KATHERINE WOIZESKi 3 _ I e 'k i Claim of KATHERINE WOIZESKI CLAIM FOR INJURY ' TO REAL PROPERTY . against CONTRA COSTA COUNTY To Clerk, Board of Supervisors, Contra Costa County: 1. Claimant, KATHERINE WOIZESKI, whose address is 4133 Barranca Street, EI.Sobrante, California claims damages from the Contra Costa County in an amount that exceeds $25,000 for injury to claimant's improved real property located at' l • r 4133 Barranca Street, EI Sobrante, California. 2. Jurisdiction over this claim will rest in Superior court. 3. This claim is based on subsidence damage to the aforementioned real property tbat happened on or about December, 1992 at the above site under the following circumstances: Contra Costa County negligently and improperly approved, consulted, planned, designed, constructed, improved, re-modeled, controlled, and/or maintained the culvert below E.1 Portal Drive and located downstream from Claimant's improved real property, to wit, the Super Span Culvert Bridge, El Portal Drive, Subdivision 4593, Sobrante Glen. Due to said negligence, Claimant's property was damaged by severe subsidence as hereinabove alleged. Claimant will sustain further damage if the defective, improperly designed, constructed and maintained culvert is not corrected. 4. Claimant does not know the names of the public employees who caused claimant's injury, damage and loss. 5. The injury, damage and loss sustained by claimant consists of severe subsidence damage to her improved real property located at 4133 Barranca Street, El Sobrante, California. ; 6. The injury, damage and loss expected to be incurred in the future I includes further injury, damage and loss to the said property and structures thereon i caused by continuing, further and successive subsidence of the real property owned by Claimant. t 7. All notices and communications concerning this claim should be sent to: PAUL T. KLOBAS Attorney at Law 4515 San Pablo Dam .Road f P.O. Box 20030 El Sobrante, California 94820-0030 i Telephone: (510) 223-5073 ' fax: (510) 223-5306 j Date:—IJ J KATHERINE WOIZESKIkD' • is s i Claim of KATHERINE WOIZESKI CLAIM FOR INJURY TO REAL PROPERTY against CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT To Board of Contra.Costa County Flood Control & Water Conservation District: 1. Claimant, KATHERINE WOIZESKI, whose address is 4133 Barranca Street, El Sobrante, California claims damages from the Contra Costa County Flood Control & Water Conservation District in*an amount that exceeds $25,000 for injury to claimant's improired real property Iodated at 4133 Barranca Street,', El Sobrante, California. 2. Jurisdiction over this claim will rest in Superior court. 3; This claim is based on subsidence damage'to the aforementioned real property that happened on or about December, 1992 at the above site under the following circumstances: Contra Costa County Flood Control & Water Conservation District negligently and improperly approved, consulted, planned, designed, constructed, improved, re-modeled, controlled, and/or- maintained the culvert below El Portal Drive and located downstream from Claimant's improved real property, to wit, the Super Span Culvert Bridge, El Portal Drive, Subdivision 4593, Sobrante Glen. Due to said negligence, Claimant's property was damaged by severe subsidence as hereinabove alleged. ; t Claimant will sustain further damage if die defective, improperly 1 designed, constructed and maintained.culvert is not corrected. 4. Claimant does not know the names of the public employees who caused �4 claimant's injury, damage and loss. 5. The injury, damage and loss sustained by claimant consists of severe { subsidence damage to her improved real property located at 4133 Barranca Street, El Sobrante, California. 6. The injury, damage and loss expected to be incurred in the future includes further injury, damage and loss to the said property and structures thereon caused by continuing, further and successive subsidence of the real property owned by ! Claimant. . 7. All notices and communications concerning this claim should be sent to: PAUL T. KLOBAS Attorney at Law 4515 San Pablo Dam Road P.O. Box 20030 El Sobrante, California 44820-0030 Telephone: (510) 223-5073 ' Fax: (510) 223-5306 _. Date: Y ' KATHERINE WOIZESKI � office of EULA M. BARNES ckyd City Llerk Claim of Katherine Woizeski vs City of Richmond Paul T. Klobas, Attorney at Law 4515 San Pablo Dam Road P.O. Box 20030 El Sobrante, CA 94820-0030 This will notify you that the claim received by the City of Richmond on September 15, 1993, was rejected by the Council of the City of Richmond at its regular meeting of October 25, 1993, for the reason that the City of Richmond denies any liability alleged. 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. Very truly yours* r I Eula M. Barnes City Clerk Dated: October 28, 1993 EMB/bbr cc: Louise Gigliotti, Risk Management Analyst Gale Carlos, Adjustco -EXPI-111BIT r I CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ,:AUGUST 9, 1994 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action, All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Mount: Unknown Section 91 ® nd;,g-4 pjtas note all •Warnings". CLAIMANT: SOLTOW, Paul and Central Engineering, Inc. J U L 9 8 1994 ATTMNEY: Daniel S. Lee COUNTY COUNISFEL Larson & Burnham Date receiveidARTINEZCALIF. ADDRESS: P.O. Box 119 BY DELIVERY TO CLERK ON July 15, 1994 Oakland, CA 94604 BY MAIL POSTMARKED: July 14, 1994 1. FROM: Clerk Of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �aIL ATCNELOR, Clerk DATED: : Deputy R.�1 ll. FROM: County Counsel TO: Clerk of the Board of Supervisors (yf 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 claitunt. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: l ( / �� BY: � • Deputy County Counsel Ill. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) I ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( � This Claim is rejected in full. ( Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: 9 PHIL BATCHELOR, Clerk, By Deputy Clerk YARNING (Gov, code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the nil to file a court action On this claim. See Government Code Section 945.6. You way seek the advice of an attorney of your choice in connection with this setter. If you want to consult an attorney, you should do so immediately, *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING 3 tleclare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over ape 18; and that today I deposited 1n the United States Postal Service in Martinez, California, postage fully prepaid a certified copy Of this Board Order and Notice to Claimant, addressed to 'the claimant as shown above. Dated:�� — ;p 9 9� BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator ♦3.1 c 141 O r� a N. r, UA W FS 00 aaa N� ; � ta O • o UU r 1 LAW OFFICES OF LARSON & BURNHAM DAVID O.LARSON CLARK J.BURNHAM A PROFESSIONAL CORPORATION CHRISTOPHER L.AGUILAR CATHY L.ARIAS GREGORY DAVID BROWN GEORGE J.21SER CARVN BOgTNICK MELISSA A.BRUZZANO ROBERT J.LYMAN ERIC R.HAAS 1901 HARRISON STREET, 11 TH FLOOR PAUL D.CALEO CHRISTOPHER J.CONNELL SCOTT C.FINCH STEVEN M.MARDEN OAKLAND,CALIFORNIA 94612-3501 MARK C.DAVIS MICHELLE A.DES JARDINS RALPH A.ZAPPALA MONICA DELUOSSO' TELEPHONE: (510)444-6800 VERA C.DE MARTINI JACQUELINE deSOUZA PETER DIXON JEFFERY G.BAIREY LYNN M.DIRINGER THOMAS M.DOWNEY SUSAN FELDSTED HALMAN PATRICK McCARTHY WILLIAM J.DUKE JOHN B.ELLIS GARY R.SELVIN H.WAYNE GOODROE PAMELA F.ELLMAN RICHARD J.FINN ROBERT A.FORD DAVID R.PINELLI SUSAN E.FIRTCH DOUGLAS S.FREE MICHAEL R.REYNOLDS JAMES L.WRAITH Please reply t0: BETH S.FREEDMAN JENNIFER B.GIESELER AYESHA Z.HASSAN JAMES F.HODGKINS A.J.MOORE,JR.(1918-1984) POST OFFICE BOX 119 TRELAWNEY JAMES-RIECHERT MICHAEL K.JOHNSON OAKLAND,CALIFORNIA 94604-0019 JANE KELLY KATHLEEN L.KRESNAK JAMES H.RIGGS(OF COUNSEU DANIEL S.LEE FRANK C.LIUZZI TELECOPIER NUMBER: (510)835-6666 PELAYO A.LLAMAS,JR. VICKIE K.MAVROMIHALIS NANCY K.McDONALD STEVEN A.NIELSEN GUSTAVO PENA ANDRICO Q.PENICK MICHAEL WORTH REYNOLDS JAMES J.ROSATI Certified Specialist,Probate,Estate Planning and Trust law STEPHEN Q.ROWELL WALTER C.RUNDIN The State Bar of Califomis Board of Legal Specialization MAI SHARIF SHIVER CATHERINE SQUILLACE BRYAN K.STAINFIELD ANJALI TALWAR DARRELL T.THOMPSON SHAWN A.TOLIVER JOHN J.VERGER DAVID H.WATERS DAVID S.WEBSTER STEPHEN C.WHITNEY BRADLEY M.ZAMCZYK BARRY ZOLLER July 13, 1994 RECEIVED Clerk JUL i 5199 ' Board of Supervisors Contra Costa County 651 Pine Street Room 106 CLERK fiC1A6•aC3 O` ,�;RRv(sORs Martinez, CA 94553 Re: Woizeski v. City of Richmond, et al. Dear Clerk: Enclosed with this correspondence please find Paul Soltow's ,and Central Engineering, Inc. 's claim for indemnity against the Contra Costa County Flood Control and Water Conservation District, and a copy of the underlying plaintiff's complaint. If you have any questions, please contact the undersigned. Very truly yours, gel & BrUR1,0jAM S. DSL:cp Enclosures 193385[21 1 SCOTT C. FINCH, state Bar No. 083406 DANIEL S. LEE, state Bar No. 160771 2 LARSON & BURNHAM A Professional Corporation 3 P.O. Box 119 Oakland, CA 94604 4 Telephone: (510) 444-6800 Facsimile: (510) 835-6666 5 Attorneys for Defendants 6 PAUL C. SOLTOW, JR. and CENTRAL ENGINEERING, INC. 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA 9 10 KATHERINE WOIZESKI, No. C94-01579 11 Plaintiff, CLAIM FOR INDEMNITY AGAINST THE CONTRA COSTA FLOOD 12 V. CONTROL AND WATER CONSERVATION DISTRICT 13 CITY OF RICHMOND, COUNTY OF [Gov. Code § 910] CONTRA COSTA, CONTRA COSTA 14 FLOOD CONTROL AND WATER CONSERVATION DISTRICT, THOMAS 15 B. SEVIGNY AND LINDA E. RECEIVED SEVIGNY, PAUL C. SOLTOW, JR. , 16 CENTRAL ENGINEERING, INC. , JUL 1 51994 AND DOES 1 TO 10, INCLUSIVE, 17 Defendants. CLERK BOARD OF SUPERVISORS 18 / .u Cof•� COSTA CO. 19 TO: THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT 20 21 The undersigned hereby presents the following claim for 22 indemnity against the Contra Costa Flood Control and Water 23 Conservation District pursuant to section 910 of the California 24 Government Code. 25 1. The name and post office box of the claimants are as 26 follows: Paul C. Soltow, Jr. ,and Central Engineering, Inc. , 27 3817 San Pablo Dam Road, #629, Sobrante, California 94803 . 28 I LAW OFFICES OF LMSON&SUMHAM A PROFESSIONAL CORPORATION 1 1 2 . All notices and communications concerning this claim 2 should be sent to Daniel S. Lee of Larson & Burnham, P.O. Box 3 119, Oakland, California 94604. 4 3 . This claim for indemnity arises out of a lawsuit 5 filed by Katherine Woizeski, filed on or about April 12 , 1994, 6 in the Superior Court of California, County of Contra Costa, 7 naming as defendants, among others, the City of Richmond, 8 County of Contra Costa, Contra ,Costa Flood Control and Water 9 Conservation District, Thomas B. Sevigny, Linda E. Sevigny, 10 Paul C. Soltow, Jr. , and Central Engineering, Inc. This action 11 has been designated as case no. C94-01579. A copy of 12 plaintiff's complaint is attached hereto and marked as Exhibit 13 A. 14 4. On or about December 1992, plaintiff alleges that 15 defendants City of Richmond, Contra Costa County, Contra Costa 16 Flood Control and Water Conservation District, negligently, 17 inter alia, constructed and maintained a culvert below 18 E1 Portal Drive in a dangerous condition so that water 19 emanating from the culvert flowed directly at her real property 20 located at 4133 Barranca Street, E1 Sobrante, California, 21 causing subsidence and placing the house on her property in 22 eminent peril of collapse. Plaintiff further alleges that the 23 culvert has been and continues to be an unlawful and non- 24 privileged trespass on her property. Plaintiff further alleges 25 that the culvert has caused an inverse condemnation situation 26 on her property. 27 5. Claimants Paul C. Soltow, Jr. and Central 28 Engineering, Inc. contend that negligent acts and/or omissions LAW OFFICES OF _ WILSON B BURNHAM 2 A PROFESSIONAL CORPORATION 1 on the part of the Contra Costa Flood Control and Water 2 Conservation District caused or contributed to plaintiff's 3 alleged damages, if any. Therefore, claimants claim the right 4 of total and/or partial indemnity and contribution from the 5 Contra Costa Flood Control and Water Conservation District for 6 all settlements, judgments, losses, costs, attorneys fees, 7 and/or other damages for which claimants may become, or have 8 become liable, arising out of the lawsuit filed by plaintiff 9 Woizeski. 10 6. General description of indebtedness, obligation, 11 injury, damage or loss: Plaintiff's property is allegedly 12 beginning to subside. Also, see attached complaint. 13 7. Name of public employee or employees causing injury 14 and damage: unknown, see attached complaint. 15 8. Kind and value of damage: injury to real property; 16 value unknown, see attached complaint. Jurisdiction over this 17 claim purportedly rests in the Superior Court. 18 DATED: July 13 , 1994 19 LARAaniel URNHAM 20 21 By: S. Lee 22 Attorneys for Defendants PAUL C. SOLTOW, JR. and CENTRAL 23 ENGINEERING, INC. 24 188684[3] 25 26 27 28 LAW OFFICES OF LARSON&BURNHAM 3 A PROFESSIONAL CORPORATION E�v+4�sIT�F 1 FOLEY McINTOSH & FOLEY r : Professional Corporation 2 James D. Claytor, State Bar No. 53305 , : , ., ., 3675 Mt. Diablo Blvd., Suite 250 13 3 Lafayette, CA 94549 S.L. v.�-.., .- •r::z!c - 4 Telephone: (510) 284-3020 NOTICE: (LOCAL RULE� B"-•---,,--.-- :-----:•.,,� 5 Attorneys for Plaintiff ASSIGNED TO THIS f �, AND C(' ES 6 DEPT. UNC7.R O ERNMENT CODE 6 600 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF CONTRA COSTA 10 it KATHERINE WOIZESKI, CASE NO. S 4 r 0 15 7 4 12 Plaintiff, COMPLAINT 13 vs. 14 CITY OF RICHMOND, COUNTY OF CONTRA COSTA, CONTRA COSTA FLOOD 15 CONTROL AND WATER CONSERVATION DISTRICT, THOMAS B. SEVIGNY AND 16 LINDA E. SEVIGNY, :PAUL C. SOLTOW, JR.; CENTRAL ENGINEERING;2 INC'_ AND 17 DOES 1 TO 10, INCLUSIVE, 18 Defendants. 19 / 20 21 Plaintiff Katherine Woizeski complains of Defendants, and each of them, as follows: 1. Plaintiff Katherine Woizeski ("Plaintiff") is and at all times material hereto was, the 22 owner of the real property located at 4133 Barranca Street, EI Sobrante, California ("THE 23 24 PROPERTY"). 25 26 27 28 1 2. Defendants City of Richmond, County of Contra Costa, Contra Costa Flood Control 2 District and Water Conservation District, and each of them (hereinafter the "public entity 3 Defendants" unless otherwise specified) are political subdivisions of the state, existing under the 4 laws of the State of California and situated or conducting governmental affairs as hereinafter alleged 5 in the County of Contra Costa. 6 3. Defendants Thomas and Linda Sevigny (hereinafter collectively "Sevigny") were the 7 owners of THE PROPERTY immediately prior to Plaintiffs ownership. Plaintiff is informed and 8 believes and thereon alleges that Sevigny were and are residents of Contra Costa County. 9 4. Plaintiff is informed and believes and thereon alleges that Defendant Paul C. Soltow, 10 Jr. is a civil engineer registered by the State of California. Plaintiff is informed and.believes and 11 thereon alleges that Paul C. Soltow, Jr. resides in Contra Costa County. 12 5. Plaintiff is informed and believes and thereon alleges that Defendant Central 13 Engineering Inc. is a corporation licensed by the State of California to act as a civil engineer. 14 Plaintiff is informed and believes and thereon alleges that Defendant Central Engineering Inc. has 15 its principal place of business in Contra Costa County, California. 16 6. Plaintiff is ignorant of the true names and capacities of Defendants sued herein as 17 Does one through ten, inclusive, and therefore sues these Defendants by such fictitious names. 18 Plaintiff will amend this complaint to allege their true names and capacities when ascertained. 19 Plaintiff is informed and believes and thereon alleges that each of said fictitiously named Defendants 20 is responsible in some manner for the occurrences herein alleged, and that Plaintiffs damage as 21 herein alleged were proximately caused by their acts. When the full nature of such Defendant's 22 responsibility is determined, leave of court will be sought to amend this complaint to allege same. 23 24 25 26 27 28 / / / t 1 FIRST CAUSE OF ACTION 2 (Negligence Against Public Entity 3 Defendants and Doe Defendants 1 to 3) 4 7. Plaintiff incorporates by reference as if fully set forth herein paragraphs 1, 2, and 5 6 above. 6 8. At all times material hereto, the public entity Defendants, and Doe Defendants 1 to 7 3, inclusive, and each of them, approved, consulted, planned, designed, constructed, improved, 8 remodeled, controlled, used, and/or maintained the culvert below El Portal Drive. ("THE 9 CULVERT"). THE. CULVERT receives water from the creek above El Portal Drive; it carries 10 water under El Portal Drive; it discharges same into the creek that runs adjacent to THE 11 PROPERTY. 12 9. On or about December of 1992, and prior thereto, THE CULVERT was in a 13 dangerous condition that created a substantial risk of the type of damage hereinafter alleged when 14 THE PROPERTY was used with due care in a manner that was reasonably foreseeable. More 15 specifically,THE CULVERT was negligently approved, consulted, planned, designed, constructed, 16 improved, remodeled, controlled, used, and/or maintained, for example, and not by way of 17 limitation, when THE CULVERT was designed and installed, said Defendants caused the alignment 18 of the creek upstream from THE PROPERTY to be changed so that water emanating from THE 19 CULVERT, that would otherwise have flowed by THE PROPERTY, in a parallel direction thereto, 20 instead flowed directly at THE PROPERTY. In consequence of the foregoing negligent approval, 21 planning, design, construction, etc., at various times of the year, THE CULVERT caused massive 22 amounts of water to strike, erode, and undermine THE PROPERTY, causing THE PROPERTY 23 to subside. Said dangerous condition continues to exist, as a result of which, Plaintiffs property 24 is continuing to subside. 25 / 1 / 26 27 28 / / / 1 10. The public entity Defendants, and Doe Defendants 1 to 3, inclusive, and each of 2 them, had actual knowledge of the existence of the above dangerous conditions, and knew or should 3 have known of their dangerous character a sufficient time prior to December of- 992 to have taken 4 measures to protect against these dangerous conditions, and the damage they caused to THE 5 PROPERTY. 6 11. As a direct and proximate result of the aforealleged dangerous condition of THE 7 CULVERT pipe, Plaintiff has sustained damage in that the backyard of THE PROPERTY has 8 collapsed, decks and other structures on THE PROPERTY have been destroyed, and Plaintiffs 9 house has been placed in imminent peril of collapse. As a result of such injury to THE 10 PROPERTY, Plaintiff has sustained damage in an amount not yet fully ascertained, but which 11 Plaintiff is informed and believes exceeds the jurisdictional minimum of this court. When the 12 amount of such damage is ascertained, leave of court will be sought to amend this complaint to 13 allege same. 14 12. On or about September of 1993, Plaintiff filed claims against Defendants City of 15 Richmond, County of Contra Costa, and Contra.Costa Flood Control and Water Conservation 16 District, true and correct copies of which are attached hereto as Exhibit A, B, and C. Such claims 17 were rejected on October 28, October 20, and October 20 (true and correct copies .of such 18 rejections are attached hereto as Exhibits D, E, and F). 19 WHEREFORE, Plaintiff prays as hereinafter set forth. 20 SECOND CAUSE OF ACTION 21 (Continuing Trespass Against Public Entity Defendants 22 and.Doe Defendants 1 to 3) 23 13. Plaintiff incorporates by reference as if fully set forth herein paragraphs 1, 2, 6, and 24 8 through 12, inclusive. 25 14. As a result of the negligent approval, consulting, planning, design, construction, 26 improvement, remodeling, control, use, and/or maintenance of THE CULVERT by the public 27 entity Defendants and Doe Defendants 1 to 3, and each of them, as alleged heretofore, there has 28 been and continues to be an unlawful and nonprivileged trespass on THE PROPERTY by said I Defendants; to-wit, said Defendants have caused and continue to cause the stream of water that 2 emanates from THE CULVERT to directly and injuriously enter upon and under THE PROPERTY 3 all to Plaintiffs damage in the manner and in the amounts alleged heretofore; 4 WHEREFORE, Plaintiff prays as hereinafter set forth. 5 THIRD CAUSE OF ACTION 6 (Inverse Condemnation Against Public Entity Defendants 7 and Doe Defendants 1 to 3) 8 15. Plaintiff incorporates by reference as if fully set forth herein paragraphs 1, 2, 6, and 9 8 through 12 and 14, inclusive. 10 16. As a direct and necessary result of the approval, consulting, planning, design, 11 construction, improvement, remodeling, control, use, and/or maintenance of THE CULVERT by 12 the Public Entity Defendants and Doe Defendants 1 to 3, and each of them, (i) there has been a 13 taking of THE PROPERTY as aforealleged; (ii) THE PROPERTY has been damaged as 14 aforealleged. 15 17. Such taking and damage were proximately caused by the failure of the public entity 16 Defendants and the Doe Defendants 1 to 3, and each of them, to properly approve, consult, plan, 17 design, construct, improve, remodel, control, use, and/or maintain THE CULVERT, for example, 18 and not by way of limitation, said Defendants failed to design and construct THE CULVERT so 19 that it did not aim the stream at THE PROPERTY. 20 18. Plaintiff has received no compensation for the damage to THE PROPERTY, nor has 21 Plaintiff received compensation for the value of THE PROPERTY that has been taken. 22 19. Plaintiff has incurred and will incur attorney's fees, appraisal fees, and engineering 23 fees because of this proceeding, in amounts that cannot yet be ascertained, which are recoverable 24 in this action under the provisions of Section 1036 of the Code of Civil Procedure. 25 WHEREFORE, Plaintiff prays as hereinafter set forth. 26 27 28 / / / 1 FOURTH CAUSE OF ACTION 2 (Negligent Misrepresentation Concealment Against Sevigny) 3 20. Plaintiff incorporates by reference as if fully set forth herein paragraphs 1, 3, 4, 5, 4 and 6, and each of them. 5 21. By law, Sevigny was obliged to disclose in a written real estate transfer disclosure 6 statement any and all facts pertaining to repairs to THE PROPERTY, including, without limitation, 7 any of the following known or suspected conditions or problems: structural modifications, slippage, 8 landfill, settling, sliding, other soil problems, flooding, drainage, or grading problems. 9 22. On or about October 27, 1988, Sevigny executed a real estate transfer disclosure 10 statement, which statement Sevigny caused to be delivered to Plaintiff. A true and correct copy 11 of said statement is attached hereto as Exhibit G. 12 23. Plaintiff is informed and believes and thereon alleges that this real estate transfer 13 disclosure of omitted material facts which, by law, were required to have been included, and which 14 facts were necessary to make the statement accurate and complete; namely, Plaintiff is informed 15 and believes and thereon alleges that Sevigny knew of, yet failed to disclose to Plaintiff in the 16 transfer statement, or at any time thereafter; the following facts, among others: (i) THE 17 PROPERTY had previously experienced major damage due to land subsidence; (ii) THE 18 PROPERTY was peculiarly susceptible to flooding and/or subsidence; (iii) the repairs of previous 19 damage were inadequate; they could not reasonably prevent future subsidence. 20 24. Plaintiff had no ability to reasonably ascertain the true facts regarding THE 21 PROPERTY as just alleged, and in reliance upon the incomplete statements in Exhibit G, and in 22 ignorance of the true facts concerning THE PROPERTY, Plaintiff purchased THE PROPERTY 23 from Sevigny on or about November 8, 1988. There was further no reasonable manner in which 24 Plaintiff could have known the true facts prior to the purchase since the same were not readily 25 ascertainable. 26 25. As a direct and proximate result of Sevigny's negligent concealment of facts as 27 aforealleged, Plaintiff has sustained damage in that: (i) the actual value of THE PROPERTY 28 Plaintiff received is far below the actual value Plaintiff paid; (ii) Plaintiff has and will be obliged 1 to expend monies in reliance upon said concealment, including, without limitation, costs to repair 2 THE PROPERTY; (iii) Plaintiff has been deprived of anticipatable profits in this, transaction. The 3 full amount of such loss/damage has not yet been ascertained; however, Plaintiff is informed and 4 believes that it is far in excess of the jurisdictional minimum of this court. When the full amount 5 of such damage is ascertained, leave of court will be sought to amend this complaint to allege same. 6 WHEREFORE, Plaintiff prays as hereinafter set forth. 7 FIFTH CAUSE OF ACTION 8 (Professional Negligence Against Soltow and Central) 9 26. Plaintiff incorporates by reference as if fully set forth herein paragraphs 1, 3, 4, 5, 10 and 6, and each of them. 11 27. Plaintiff is informed and believes and thereon alleges that on or about 1988, 12 Defendants Paul Soltow and Central Engineering, and each of them, designed and constructed a 13 steel pier and bulkhead retaining wall supporting the rear yard on THE PROPERTY. Said design 14 and construction were negligent in that neither the design nor the construction met that minimum 15 level of care exercised by comparable professionals in the same or similar circumstances in the 16 immediate geographic vicinity. For example, and not by way of limitation, the wall was not 17 designed in such a way to withstand the expected water flows in the adjacent creek; the wall was 18 constructed of substandard materials not fit for the purpose in question. 19 28. Plaintiff did not learn of such negligent design and construction until December of 20 1992 when the same failed, nor could Plaintiff have learned of same due to the fact that such 21 defects were not readily ascertainable. 22 29. As a direct and proximate result of such negligent design and construction, Plaintiff 23 has suffered damage in that the wall has failed, causing Plaintiff's deck, yard, and house to subside 24 or otherwise suffer damage. The full amount of such damage has not yet been ascertained, but 25 Plaintiff is informed and believes that it far in excess of the jurisdictional minimum of this court. 26 When the full amount of such damage is ascertained, leave of court will be sought to amend this 27 complaint to allege same. 28 WHEREFORE, Plaintiff prays as hereinafter set forth. 1 SIXTH CAUSE OF ACTION 2 (Negligent Misrepresentation Against Soltow and Central) 3 30. Plaintiff incorporates by reference as if fully set forth herein paragraphs 1, 31 4, 59 4 and 6, and each of them. 5 31. As of October 10, 1988, Defendants Paul Soltow and Central Engineering, Inc., and 6 each of them, represented themselves to Plaintiff as being licensed civil engineers; as a result of 7 which they represented to Plaintiff that they had superior knowledge to Plaintiff in regards to 8 matters pertaining to the planning, design, construction, and evaluation of retaining walls and 9 related structures. 10 . 132. On or about October 10, 1988, said Defendants represented to Plaintiff, in writing, 11 that the retaining wall they had planned designed and constructed was structurally sound. Such 12 representation was contained in the letter, a true and correct copy of which is attached as Exhibit 13 H. 14 33. Said representation was not true at the time it was made. Said Defendants had no 15 reasonable basis for making such representation. In reasonable reliance upon such representation, 16 and in ignorance of its falsity, Plaintiff purchased THE PROPERTY. Plaintiff did not learn nor 17 could she have reasonably learned of the falsity of such representation until December of I992, 18 when the fall failed, in that the defects in same were not readily ascertainable. 19 34. As a direct and proximate result of such false representation, Plaintiff has been 20 damaged in the manner and in the amounts alleged heretofore. 21 WHEREFORE, Plaintiff prays that: 22 1. She be awarded damages according to proof against each and every Defendant, 23 including, without limitation: 24 a. Damages against the public entity Defendants and Does 1 to 3 for (i) the 25 injury suffered by THE PROPERTY; (ii) the value of the taking of THE PROPERTY; 26 b. Damages against all other Defendants for the injury to THE PROPERTY; 27 2. She be awarded costs; 28 / / / 1 3. She be awarded her reasonable attorney's fees and costs as against the public entity 2 Defendants and Doe Defendants 1 to 3; 3 4. She be awarded such other and further relief as the court may deem just. 4 Dated: 7 , 1994 5 FOLEY McINTOSH & FOLEY 6 Professional Corporation 7 8 B g giesD. Claytor.. 10 Attorneys for Plaintiff 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 VERIFICATION 2 1, Kadidrine Woizewski, am the Plaintiff in the above entitled action; I have read 3 die foregoing Complaint, and know die contents diereof; and I certify that die same is- 4 true of my own knowledge, except as to the matters which are therein stated upon my 5 information or belief, and as to those matters I believe thein to be true. 6 1 declare under penalty of perjury under the laws of die State of California that die 7 foregoing is true and correct, and that this declaration was executed at 8 California, on 4gjt 1994. 9 10 Kadierine Woozeskt 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Claim of KATHERINE WOIZESKI CLAIM FOR INJURY TO REAL PROPERTY against t CITY OF RICHMOND { To City Clerk,- City of Richmond: 1. Claimant, KATHERINE WOIZESKi, whose address is 4133 Barranca Street, El Sobrante, California claims damages from the City of Richmond in an j amount that exceeds $25,000 for injury to claimant's improved real property located at ' f 4133 Barranca Street, El Sobrante, California. 2. Jurisdiction over this claim will rest in Superior court. 3. This claim is based on subsidence damage to the aforementioned real property that happened on or about December, 1992 at the above site under the following circumstances: The City of Richmond negligently and improperly approved, consulted, planned, designed, constructed, improved, re-modeled, controlled, and/or maintained the culvert below El Portal Drive and located downstream from Claimant's improved real property, to wit, the Super Span Culvert Bridge, El Portal Drive, Subdivision 4593, Sobrante Glen. Due to said negligence, Claimant's property was damaged by severe subsidence as hereinabove alleged. Claimant will sustain further damage if the defective, improperly designed, constructed and maintained culvert is not corrected. 4. Claimant does not know the names of the public employees who caused A ar..arrr r w rrw' A • i s claimant's injury, damage and loss. ! consists of severe 5. The injury, damage and loss sustained by claimant =. i subsidence damage to her improved real property located at 4133 Barranca Street, El • t Sobrante, California. 6. The injury, damage and loss expected to be incurred in the future includes further injury', damage and loss to the said property and structures thereon caused by continuing, further and successive subsidence of the real property owned by Claimant. 7. All notices and communications concerning this claim should be sent to: PAUL T. KLOBAS 4 i t Attorney at Law 4515 San Pablo Dam Road P.O. Box 20030 El Sobrante, California 94820-0030 Telephone: (510) 223-5073 Fax: (510) 223-5306 /f r. Date: , ? KATHERINE WOIZESKL) 1 • t . f Claim of'KATHERINE WOIZESKI CLAIM FOR INJURY TO REAL PROPERTY . against CONTRA COSTA COUNTY To Clerk, Board of Supervisors, Contra Costa County: 1. Claimant, KATHERINE WOIZESKI, whose address is 4133 Barranca Street, EI.Sobrante, California claims damages from the Contra Costa County in an amount that exceeds $25,000 for injury to claimant's improved real property located at 4133 Barranca Street, El Sobrante, California. 2. Jurisdiction over this claim will rest in Superior court. 3. This claim is eased on subsidence damage to the aforementioned real property that happened on or about December, 1992 at the above site under the following circumstances: Contra Costa County negligently and improperly approved, consulted, planned, designed, constructed, improved, re-modeled, controlled, and/or maintained the culvert below El Portal Drive and located downstream from Claimant's improved real property, to wit, the Super Span Culvert Bridge, El Portal Drive, Subdivision 4593, Sobrante Glen, Due to said negligence, Claimant's property was i damaged by severe subsidence as hereinabove alleged. Claimant will sustain further damage if the defective, improperly designed, constructed and maintained culvert is not corrected. 4. Claimant does not know the names of the public employees who caused aniT t claimant's injury, damage and loss. S. The injury, damage and loss sustained by claimant consists of severe subsidence damage to her improved real property located at 4133 Barranca Street, El - Sobrantc, California, t i 6. The injury, damage and loss expected to be incurred in the future - 1 includes further injury, damage and loss to the said property and structures thereon caused by continuing, further and successive subsidence of the real property owned by ! Claimant. 7.. • All notices and communications concerning this claim should be sent to: 1 PAUL T. KLQBAS Attorney at Law 4515 San Pablo Dam Road s P.O. Box 200301 El Sobrante, California 94820-0030 Telephone: (510) 223-5073 ' fax: (510) 223-5306 J Date: KATHERINE WQIZESKI' i i Claim of KATHERINE WOIZESKI CLAIM FOR INJURY TO REAL PROPERTY against CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT To Board of Contra. Costa County Flood Control & Water Conservation District: 1. Claimant, KATHERINE WOIZESKI, whose address is 4133 Barranca Street, El Sobrante, California claims damages from the Contra Costa County Flood Control & Water Conservation District in an amount that exceeds $25,000 for injury to claimant's improired real property located at 4133 Barranca Street, El. Sobrante, California. 2. Jurisdiction over this claim will rest in Superior court. I This claim is bascd on subsidence damage'to the aforementioned real property that happened on or about December, 1992 at the above site under the following circumstances: Contra Costa County.Flood Control & Water Conservation District negligently and improperly approved, consulted, planned, designed, constructed, improved, re-modeled, controlled, and/or maintained the culvert below El Portal Drive and located downstream from Claimant's improved real property, to wit, the Super Span Culvert Bridge, El Portal Drive, Subdivision 4593, Sobrante Glen. Due to said negligence, Claimant's property was damaged by severe subsidence as hereinabove alleged. ry n i A IT Claimant will sustain further damage if the defective, improperly i designed, d d maintained.culvert is not corrected. g � constructed anmanar 4. Claimant does not know the names of the public employees who caused claimant's injury, damage and loss. 5. The injury, damage and loss sustained by claimant consists of severe subsidence damage to her improved real property located at 4133 Barranca' Street, El Sobrante, California. 6. The injury, damage and Ioss expected to be incurred in the future includes further injury, damage and loss to the said property and structures thereon caused by continuing, further and successive subsidence of the real property owned by ! r . i Claimant. . i . 7. All notices and communications concerning this claim should be sent to: PAUL T. KLOBAS Attorney at Law 4515 San Pablo Dam Road P.O. Box 20030 El Sobrante, California 94820-0030 Telephone: (510) 223-5073 ' Fax: (510) 223-5306 _- .Date: KATHERINE WOIZESKI s f� office of EULA M. BARNES City City Clerk Claim of Katherine Woizeski vs City of Richmond Paul T. Klobas, Attorney at Law 4515 San Pablo Dam Road P.O. Box 20030 El Sobrante, CA 94820-0030 This will notify you that the claim received by the City of Richmond on September 15, 1993, was rejected by the Council of the City of Richmond at its regular meeting of October 25, 1993, for the reason that the City of Richmond denies any liability alleged. 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. Very truly yours? Eula M. Barnes City Clerk Dated: October 28f 1993 EMB/bbr cc: Louise Gigliotti, Risk Management Analyst Gale Carlos, Adjustco ON I B IT z CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA [Au G[TAST'9 �1994' Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document mailed to you is your notice. of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant,to Government Co Mount: Section 913 and 915.4. Please not��all OR. n)i�n'�� $1,295,78.18 �� (r gs CLAIMANT: TAVIS, Lisa on behalf of GONSALVES, FIemiher, a minor )9 9 4 199k ,=NTY COUNSEL ATTORNEY: Douglas E. Kirkman MARTINEZCALIF. Wagner,Kirlman & Blaine Date received ADDRESS: 1792 Trivute Rd., Ste. 450 BY DELIVERY TO CLERK ON July 14, 1994 Sacramento, Ca 95815 BY MAIL POSTMARKED: July 13, 1994 Certified Mail 1. FROM: Clerk of the Board of Supervisors TiO : .CouninyCouhsel Attached is a copy of the above-noted claim. DATED: I IL BATCHELOR, Clerk n 199 61: Deputy �J I1. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ;elThis claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( v1 Other: �-aV-E C�+Ab©T 12s no-t- k CoNaTrcg C,0sT-A TACE z-17- ;Lt lb noT cocoJ t-,Oc' A—j iT -D W IT Hf Iik3 e©UT RIA COSTt� C rJT Dated: �� 15 / 9 9 y BY: �- Deputy County Counsel I11. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (vel"'This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Oated: 9 PHIL BATCHELOR. Clerk, By ���Q,, , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or Aeposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING 1 declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez. California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to Zhe claimant as shown above. 'Dated: d BY: PHIL BATCHELOR by �,��D,� Oeputy Clerk CC: County Counsel County Administrator Clay' to. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for-death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. is against more than one public -entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this form RE: Claim By ) Reserved for Clerk's filing stamp LISA TAVIS, on behalf of ) HEATHER GONSALVE FO' E®S, a minor ) .Against the County of Contra Costa ) 1994or )District) UPERVISORSFill in name ) TA Ccs. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 1,295,784.18 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) January 23,.. 1994 (daytime, exact hour unknown) 2. Where did the damage or injury occur? (Include city and county) Lake Chabot A paved recreation trail bordering Lake Chabot between the main Reripnal1 Park pa ing lot and N_the concession, 17930Lake Chabot Rd., Castro Valley, Alaj*� Count 3. How did the damage or injury occur? (Give full details; use extra paper if required) See attached statement, paragraphs 5 to 14. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? See attached statement, paragraphs 9 to 14. iCVF?^j D. wnaL are tne n-'_:-jes of county or district officers, servants or employees causing the tamage or injury? Un,known at this time. ---------------------------------------- —-------------— ------------- 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. See attached statement, paragraph 5. -——------------------------ -------- i . How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) See attached statement, paragraph 15. 8. Names and addresses of witnesses, doctors and hospitals. See attached Supplement to Claim Form. -—-----—-------------——- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT -See attached Supplement to Claim Form. GoV. Code Sec. 910.-2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) orb someperson on his bp-half." Name and Address of Attorney DOUGLAS E. KIREMAN /(/-/, ,,- MMER, KIRKNM & BLAINE (Claimant's Signature) 1792 Tribute Rd. , Suite 450 Sacramento, CA 95815 1792 Tribute Road, Suite 450 (Address) Sacramento, CA 95815 Telephone No. (916) 920-5286 Telephone No. (916) 920-5286 N 0 T I C E 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, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imuprisonm. nt and fine. IN m 7 41N R NO NWF 1 DOUGLAS E. KIRKMAN (State Bar No. 53892) CARL P. BLAINE (State Bar No. 65229) 2 WAGNER, KIRKMAN & BLAINE Attorneys at Law 3 1792 Tribute Road, Suite 450 Sacramento, California 95815 4 (916) 920-5286 5 Attorneys for Claimant 6 7 8 9 10 11 Claim of: 12 LISA TAVIS, on behalf of HEATHER CLAIM FOR PERSONAL INJURIES GONSALVES, a minor, (Govt Code § 910) 13 Claimant, 14 V. 15 COUNTY OF CONTRA COSTA, 16 Public Entity. 17 18 TO THE COUNTY OF CONTRA COSTA: 19 YOU ARE HEREBY NOTIFIED that LISA TAVIS, on behalf of HEATHER 20 GONSALVES, a minor, claims damages from COUNTY OF CONTRA COSTA as 21 follows: 22 1. The name and mailing address of Claimant are: LISA TAVIS, 23 on behalf of HEATHER GONSALVES, a minor, 555 Superior Avenue, San 24 Leandro, California 94577 . 25 2 . The post office address to which the person presenting the 26 claim desires notices to be sent is: Douglas E. Kirkman, Wagner, 27 Kirkman & Blaine, 1792 Tribute Road, Suite 450, Sacramento, 28 California 95815. CP8:den/06-166.615 1 1 3 . The date of the occurrence which gave rise to the claim 2 asserted is: January 23, 1994 . 3 4. The place of the occurrence is: Lake Chabot Regional 4 Park, in the unincorporated City of Castro Valley, County of 5 Alameda, California. 6 5. The circumstances of the occurrence which gave rise to the 7 claim asserted are as follows: 8 (a) On Sunday, January 23, 1994, Claimant LISA TAVIS 9 dropped off her seven year old daughter HEATHER GONSALVES 10 ("GONSALVES") and two others at the main parking lot at Lake 11 Chabot Regional Park. GONSALVES was left there for a bicycle 12 ride and proceeded along the West Shore Trail. GONSALVES while 13 on her bicycle proceeded along the paved trail just below the 14 parking lot and was heading in the direction of the 15 concessions. 16 (b) The paved trail on which GONSALVES was riding her 17 bicycle had a number of raised asphalt bumps, tree root ' 18 protrusions or blemishes which varied in length, ran 19 perpendicular to the trail and some had heights of 20 approximately six (6) inches. Adjacent to the asphalt trail 21 on either side was a row of trees. 22 (c) These tree root protrusions, bumps or blemishes on 23 the paved trail caused GONSALVES to lose control of her bicycle 24 with the front wheel and handle bars simultaneously turning a 25 hard left and resulting in the bicycle, along with GONSALVES, 26 falling to the left side and smashing down on the pavement. 27 (d) As a result of the fall, GONSALVES suffered scrapes 28 and abrasions to both hands and fingers along with an CPB:den/06-168.815 2 1 approximate two inch hole on her chin which exposed the chin 2 bone. She also suffered a bruised right cheek bone, jaw bone 3 and chin bone. 4 (e) GONSALVES was transported to Eden Hospital where she 5 received about twenty (20) stitches to close the skin over the 6 chin. 7 (f) At the time of the occurrence GONSALVES was wearing 8 a helmet along with elbow pads and knee pads with plastic 9 plates or coverings. 10 6. Claimant is informed and believes that COUNTY OF CONTRA 11 COSTA negligently owned, maintained, controlled, leased, managed and 12 operated the Lake Chabot Regional Park and the paved trail where the 13 accident occurred. 14 7. COUNTY OF CONTRA COSTA, as owner, maintainer, controller, 15 manager, lessor and operator of the Lake Chabot Regional Park and 16 paved trail, willfully or maliciously failed to guard or warn 17 against the dangerous condition and use of the trail. The 18 individual agents or employees of COUNTY OF CONTRA COSTA who are 19 responsible for willfully or maliciously failing to guard or warn 20 against the dangerous condition and use of the trail are unknown to 21 Claimant at this time. 22 8 . HEATHER GONSALVES was a recreational user and an invited 23 guest. 24 9. COUNTY OF CONTRA COSTA was the owner, maintainer, 25 controller, manager, lessor and operator of public property on which 26 the dangerous condition existed, to wit: a paved trail used by 27 bicyclists which contained raised asphalt bumps, tree root 28 protrusions or blemishes varying in length and height, some of which CPB:den/06-16B.B15 3 1 approximating six (6) inches in height. 2 10. COUNTY OF CONTRA COSTA had constructive notice of the 3 existence of the dangerous condition in sufficient time prior to the 4 injury to have corrected it. The location of the trail where the 5 accident occurred had adjacent to it on either side a row of trees 6 whose roots had grown under the asphalt surface causing it to have 7 bumps, blemishes and tree root protrusions on the surface of the 8 trail, a condition which could be created only over a long period 9 of time prior to the injury and easily observed. 10 11. Claimant is informed and believes that COUNTY OF CONTRA 11 COSTA had actual knowledge of the existence of the condition and 12 knew or should have known of its dangerous character in sufficient 13 time prior to January 23, 1994, to have taken measures to protect 14 against the dangerous condition. The injuring conditions were of 15 such an obvious nature that the COUNTY OF CONTRA COSTA in the 16 exercise of due care should have discovered the condition and its 17 dangerous character. 18 12 . Claimant alleges that the acts and/or omissions of COUNTY 19 OF CONTRA COSTA and those of its agents and employees were the legal 20 and proximate cause of the injuries to plaintiff. 21 13 . The amount claimed, as of the date of the presentation of 22 this claim, is computed as follows: 23 Damages incurred to date: 24 Expenses for medical and hospital care: $ 784 . 18 General damages $ 500, 000. 00 25 Total damages incurred to date: $ 500,784. 18 26 Estimated prospective damages as far as known: 27 Future expenses for medical and $ 35, 000-$45, 000 and hospital care 28 Future loss of earnings $ 250, 000 CPB:den/06-16B.615 4 1 Prospective general damages $ 500,000 Total estimated prospective damages $ 785,000-$795, 000 2 Total amount claimed as of date 3 of presentation of this claim $1,285,784. 18 to $1,295,784.18 4 5 14. The amount claimed is within the jurisdiction of the 6 Superior Court. 7 Dated: July(�, 1994 . WAGNER, KIRKMAN & BLAINE 8 9 By: 10 g P. BLAINE 11 Attorney for Claimant 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CPB:den/06-16B.B15 5 Supplement to Claim To: Board of Supervisors of Contra Costa County 8. Names and addresses of witnesses, doctors and hospitals: Witnesses: Gonsalves, George (victim's father) 550 Superior Avenue San Leandro, CA 94577 Brillon, Jesse (victim's half brother) (510) 373-1501 Doctors: Unknown at this time. Hospitals: Eden Hospital Medical Center Eden Emergency Medical Group Eden Radiology Medical Group 9. List the expenditures you made on account of this accident or injury: Eden Hospital Medical Center $ 528. 60 Eden Emergency Medical Group 156. 31 Eden Radiology Medical Group 75. 00 Prescriptions 24.27 Total expenditures made on account of this injury to date: $ 784. 18 CPB:den/06-17.AO2 1 PROOF OF SERVICE 2 Case Name: Tavis, etc. v. County of Contra Costa Court: 3 Case No. : 4 I am a, citizen of the United States, employed in the City and County of Sacramento. My business address is 1792 Tribute Road, 5 Suite 450, Sacramento, California 95815. I am over the age of 18 years and not a party to the above-entitled action. 6 I am familiar with Wagner, Kirkman & Blaine's practice whereby 7 the mail is sealed, given the appropriate postage and placed in a designated mail collection. Each day's mail is collected and 8 deposited in a United States mailbox after the close of each day's business. 9 On July 13, 1994, I served the following: 10 Claim for Personal Injuries (Gov't Code § 910) 11 [X] (BY EXPRESS MAIL) for NEXT DAY DELIVERY on the parties in 12 this action by causing a true copy thereof to be placed in a sealed envelope with postage thereon fully prepaid in the 13 designated area for outgoing mail WITH RETURN RECEIPT REQUESTED 14 [ ] (BY PERSONAL. SERVICE) on the parties in this action by 15 causing a true copy thereof to be delivered by hand to the offices of the addressee(s) 16 addressed as follows: 17 Clerk, Board of Supervisors 18 Room 106, County Administration Building 651 Pine Street 19 Martinez, CA 94553 20 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this 21 Declaration was executed on July 13, 1994, at Sacramento, California. 22 23 Dorothea E. Nesbitt 24 DNProofs/Tavis 25 26 27 28 AdOl 33SS3 666 5 9..• 3 ,9' f9 'i;. 7 LCl, �y •-., s C 4 3 _ ,��fID�rJ� c c1, of ,�. {�.� ;��3� •j i,: .3 ti CJ[ . !v�i e��,�ai.' n n:• n 'fo 5.�v,'G` �+ . ' �" � 17,., L! CJ „.O 'c�'o Q• a .a m 40 t�,�a J CJ ;+. •Q c r•>_"` ,�,•..." $o .. ar•t •q �"` N le JI ¢ 1 El El nnn snr.F.mnnnnnnnf s � t•� � � g �' ,� , � . N 'c �m�m c•.�.. a T c •'qv� O .. is� IL 4 t0 UU IT mm VO •1 i� FN N m 15 Miy� FM Z El C4 za, • aE�r �� � H .Q ��%. Z❑ • tui. � :.' „�}." .. . 44 •�' � �` • ..:ice. � 'i➢'� ���� 1 I`� • ' ' � . ° �� .� 'err„ � � " � '�� �r • k O I ��, � � ..fit`, ' • '�${1 �,,. r�i��c '• F M� WAGNER MOM &BLAINE Attorneys atLaw July 13, 1994 VIA EXPRESS MAIL/RETURN RECEIPT REQUESTED Clerk, Board of Supervisors Room 106, County Administration Building 651 Pine Street Martinez, CA 94553 Re: Claim of Lisa Tavis, on behalf of Heather Gonsalves, a minor Our File No. 4943 . 001 Dear Sir: Pursuant to Government Code section 911.2, enclosed please find an original and one copy of Claimant's claim directed to the County of Contra Costa. Please return a received stamped copy in the envelope provided. If you have any questions or concerns, please do not hesitate to contact this office. Very truly yours, WAGN RMAN & BLAINE CARL P. BLAINE CPB:den/CPB7-6. 033 Enclosure 1792 Tribute Road•Suite 450 350 Crown Point Circle•Suite 200 Sacramento, California 95815 Grass Valley,California 95945 (916) 920-5286 (916) 272-2577 FAX (916) 920-8608 FAX (916) 272-8865