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HomeMy WebLinkAboutMINUTES - 10181983 - 1.19 ' APPLICATION TO FILE LATE CLAIM 1.30ARD OF SUPERVISORS OF CONTRA COS'"n, COUN,7"Y, C A IFO'_tNIA BOARD ACTION October 18 , 1983 Application to File late ) NOTE TO APPLICANT Claim Against the County, ) The copy of this document mailed to you is your Routing Endorsements, and ) notice of the action taken on your application by Board Action. (All Section ) the Board of Supervisors (Paragraph III, below) , references are to California ) given pursuant to Government Code Sections 911.8. Government Code.) ) and 915.4. Please note the "warning" below. Claimant: John Balzer Attorney: Charles McCrory McCrory & Blick Address: 5 Palo Alto Square, Suite 1000 3000 E1 Camino Real Amount: Palo Alto, California 94306 B1' delivery to Clerk on Date Received: August 15, 1983 BY mail, postmarked on 9/13/83 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Applicati to File late Claim. DATED: 9/15/83 J. R. OLSSON, Clerk, By �/ , Deputy Kelly R. Calhoun II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6) . The Board should deny this Application to File a Late io 911.6) . DATED: /Sr�(�� JOAN B. CLAUSEN, County Counsel, By . Deputy III. BOARD ORDER By unanimous vote of Superviso present (Check one only) ( ) This Application is granted (Section 911.6) . (X This Application to File late Claim is denied (Section 911.6) . I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED:OCT 18 1983 J. R. OLSSON, Clerk, , Deputy K%RNING (Cov't.C. §911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you frcan the provisions of Government Code Section 945.4 (claims presentation re- quirement) . See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your applica- tion for leave to present a late claim was denied. You may seek the advice of any attorney of your choice in connec- tion with this matter. If you want to consult an attorney, you should do so immediately. IV. FROM: Clerk of the Board TO: 1 County Counsel, 2 County Administrator Attached are copies of the above Application. we notified the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATM: OCT 18 1983 J. R. OLSSON, Clerk, By , Deputy V. FROM: 1 County Counsel, 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By 124 APPLICATION TO FTLE LATE CLAIM I CHARLES McCRORY Mc Palo Al AND Be, S L!IL E 2 5 Palo Alto Square, Suite 10003000 EI Camino RealID) 3 Palo Alto, California 94306 Telephone : (415) 494-0611 4Attorne s for Claimant Y cRVISOP.�5 cu. au. 6 7 8 Claim of ) 9 JOHN BALZER, ) APPLICATION FOR LEAVE TO PRESENT 10 vs. ) LATE CLAIM BY JOHN BALZER, CLAIMANT [Section 911. 4 Government Code] 11 CONTRA COSTA COUNTY ) HOSPITAL; COUNTY OF ) 12 CONTRA COSTA; DR. DOE ) GONG; DR. DOE DOWLING ) 13 and DOES I through X, ) inclusive, ) 14 ) 15 TO CONTRA COSTA COUNTY HOSPITAL; COUNTY OF CONTRA COSTA; DR. 16 DOE GONG; DR. DOE DOWLING and DOES I through X : 17 (1) Application is hereby made, pursuant to Government Code 18 Section 911 .4, for leave to present a claim founded on a cause of action for 19 personal injuries--medical malpractice which arose sometime between December 20 31, 1982, and January 14, 1983. A claim was not presented within a 100-day 21 period following when the claim arose, as provided by Section 911. 2 of the 22 Government Code. A claim was presented promptly after investigating, re- 23 searching and discovering the cause of action for malpractice. Specifically, 24 the claim was presented within 100 days from said date of discovery and 25 claimant maintains that the claim was thereby presented in a timely manner. 26 (2) A claim was not filed within 100 days of the occurrence of this MCCRORY AND BLICK _ ATTORNEYS AT LAW SUITE 1000 5 PALO ALTO SOUARE 125 3000 EL CAMINO REAL PALO ALTO,CA 90304 (415)494-0511 i i - 1 cause of action against CONTRA COSTA COUNTY HOSPITAL and other public 2 entity employees for the following reasons: 3 (a) Claimant was unaware that there was, in fact, medical mal- 4 practice; 5 (b) Claimant did not know there was a requirement in the Governme t 6 Code requiring the filing of a 100-day claim with a governmental entity; 7 (c) Any failure to file within the 100 days was caused by mistake, 8 inadvertence, surprise, excusable neglect, disability and incapacitation of the 9 claimant as well as lack of knowledge that there was a medical malpractice 10 cause of action. 11 (3) The California Supreme Court has held that the date of accrual 12 for the purpose of starting a claim presentation in a medical malpractice case 13 is the same as for the statute of limitations which would otherwise be applicable. 14 The Court cited Wozniak vs. Peninsula Hospital, 1 Cal.App. 3d 722, which said : 15 "In a suit for malpractice, statute of limitations commences to run when the plaintiff discovers the injury and its 16 negligent cause or through the exercise of reasonable dili- gence should have discovered it. " 17 18 Other cases support the proposition that a claim not be presented until dis- 19 covery of the malpractice. See Thompson vs. Fresno (1963) 59 Cal. 2d 683; 20 Osborn vs. Los Angeles (1979) 93 Cal.App. 3d 366. 21 (4) Claimant's attorneys thought there may have been malpractice 22 as of June, 1983. A physician reviewing the matter on behalf of claimant's 23 attorneys confirmed the same only in August of 1983. 24 (5) This application is presented within a reasonable time after the 25 accrual of the cause of action, as more particularly shown by the attached 26 declaration. MCCRORY AND SLICK ATTORNEYS AT LAW SUITE 1000 5 PALO ALTO SQUARE -2- 12 6 3000 EL CAMINO REAL PALO ALTO,CA 94304 14151 494-0611 I WHEREFORE, it is respectfully requested that this application be 2 granted and that the attached proposed claim be received and acted on in 3 accordance with Sections 912.4-913 of the Government Code. It should be 4 noted that the Board of Supervisors of CONTRA COSTA COUNTY rejected the 5 claim on the basis that it was not presented within the time allowed by law. 6 The Board's order was made on August 9, 1983. 7 DATED : September 12, 1983. 8 McCRORY AND BLICK 9 10 B CHARLES McCRORY 11 Attorneys for Claimant 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 MCCRORY AND BLICK ATTORNEYSSUITE 1000 LAW -3- 1217 5 PALO ALTO SQUARE 3000 EL CAMINO REAL PALO ALTO,CA 94304 (415)494-0611 PROOF OF SERVICE BY MAIL ( 1013a, C.C. P. ) STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) SS I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years and not a party to the within above entitled action; my business'ressdexew address is 5 Palo , , Camino , o, CA ...........Alto...........Square.........Suite...........1000.... ... .3000........EI...................Real....Palo.......Alt.. . ..........94306 .. On .September 13, 1983 I served the within Application..for Leave. to Present..Late..Claim..by..John .Balzer.,.Claimant.(Section..91.1..4.Government on the ode) ounty of Contra .Costa.. ... in said action, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States post office at .Pa lo. Alto............................ California, a.ddreased as follows Clerk, Board of Supervisors County of Contra Costa Box 911 Martinez, California 94553 I certify (or declare).under penalty of perjury,* that the foregoing is true and correct. Executed on ....9/1.3/.83..... at .. Pa14..Alto........................................... , California. (place) .C . . �.. . . ......................... ........... ANN MARIE BARBE (Signature) 128 'proof of service by mail forma. beim signed under penalty of perjury, do not require notarization. I I CHARLES McCRORY McCRORY AND BLICK 2 5 Palo Alto Square, Suite 1000 3000 EI Camino Real 3 Palo Alto, California 94306 Telephone: (41 5) 494-0611 4 Attorneys for Claimant 5 6 7 8 Claim of ) 9 JOHN BALZER, ) DECLARATION OF CHARLES McCRORY I 10 vs. ) 11 CONTRA COSTA COUNTY ) HOSPITAL; COUNTY OF ) 12 CONTRA COSTA; DR. DOE ) DOWLING; DR. DOE GONG ) 13 and DOES I through X, ) inclusive, ) 14 ) 15 16 17 I, CHARLES McCRORY, am one of the attorneys for JOHN BALZER. 18 On April 13, 1983, Mr. Balzer had an appointment in my office regarding a 19 personal injury. At that time it was determined that if Mr. Balzer had a cause 20 of action it would be in malpractice. However, it was not determined whether 21 or not there was in fact sufficient grounds for a complaint in malpractice. The 22 facts of the case were researched and investigated and it was subsequently 23 determined that the case against the CONTRA COSTA COUNTY HOSPITAL and 24 its employees appeared to be one of good liability. It was also determined that 25 the hospital was a public entity and that a claim would have to:be presented. 26 On July 7, 1983, a claim was filed with the County alleging, amont MCCRORY AND SLICK ATTORNEYS AT LAW SUITE 1000 5 PALO ALTO SQUARE 3000 EL CAMINO REAL 129 PALO ALTO.CA 94304 1415)494-0611 I I other things, that the claimant had not consulted any attorney until April 13, 2 1983. A copy of the claim is attached hereto and marked as Exhibit "A". At 3 the time of the interview of April 13, 1983, Mr. Balzer did not know if he had 4 a cause of action against anyone, much less against a County entity. He was 5 not aware of the requirement for filing the claim against a public entity within 6 100 days from the date of the incident. 7 CONTRA COSTA COUNTY HOSPITAL could not possibly be prejudiced 8 by the delay in the presentation of the claim since they are in control of all of 9 the medical records and all of the personnel which will form the factual ground- 10 work for the presentation of the malpractice case. Also, the claim was filed 11 177 days after the date of the surgery, which would be the firstosp sible day 12 that the 100 days would begin. Since the hospital controls the records and the 13 personnel, it cannot be argued that they will be placed at a disadvantage be- 14 cause of the additional 77 days. 15 1 declare under penalty of perjury that the foregoing is true and 16 correct. 17 Executed at Palo Alto, California, this 8th day of August, 1983. 18 19 CHARLES McCRORY 20 21 22 23 24 25 26 MCCRORY AND SLICK ATTORNEYS AT LAW O SUITE 1000 5 PALO ALTO SQUARE 3000 EL CAMINO REAL PALO ALTO,CA 94304 (415)494-0511 -2- CLAIM FOR PERSONAL INJURIES [Government Code Section 910 Claim of John Balzer vs. County of Contra Costa TO THE COUNTY OF CONTRA COSTA : YOU ARE HEREBY NOTIFIED that JOHN BALZER claims damages from you for personal injuries in the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) plus special damages in an amount not yet ascertained. This claim is based on injuries sustained by JOHN BALZER between December 31 , 1982, and January 14, 1983. The subject inci- dent took place at the Contra Costa County Hospital, 2500 Alhambra Avenue, Martinez, California. Claimant JOHN BALZER was first seen on December 31, 1982, at the emergency ward of the Contra Costa County Hospital for an injury to his eye. He was subsequently ad- mitted as an inpatient and surgery was performed on January 11, 1983. He was then released from the 'Contra Costa County Hospital on January 14, 1983. As a result of the surgery, his pupil was offset and his 0 vision was impaired. The claimant consulted the law firm of McCrory and Blick on April 13, • 1983, and Inquired whether he had a claim. Claimant had not asked for any other legal advice prior to April 13, 1983. As a result of the April 13, 1983 inquiry, claimant now maintains that the County Hospital and Its employees and agents negligently diag- nosed, treated, operated on and cared for claimant's eye, causing 131 EXHIBIT.:: permanent injury to his eye. As a result of said negligence, the claimant was permanently injured. The names of the public employees causing claimant's injuries under the described circumstances are unknown to claimant at this time, other than to know that Dr. Gong and Dr. Dowling participated in the surgery. As a proximate result of said negligence, claimant has sustained serious Injury to his eye, the exact nature and extent of which is un- known at this time. As a further proximate result of said negligence, claimant has incurred and will Incur medical and related expenses which to this date are approximately $5,500.00. The exact amount of these expenses are unknown at this time. As a further proximate result of said negligence, claimant has Incurred and will incur loss of ,wages, the exact amount of which is un- known at this time. The total amount claimed as of the date of presentation of this claim is ONE HUNDRED THOUSAND DOLLARS ($100,000.00) general damages plus medical and related expenses and wage loss. Claimant resides at 8507 Beverly Lane, Dublin, California. All notices and communications with regard to this claim should be sent to Charles McCrory, McCrory and Blick, 5 Palo Alto Square, Suite 1000, 3000 EI Camino Real, Palo Alto; California, 94306 (telephone : 415-494-0611) . DATED : July 7, 1983. McCRORY AND SLICK BY L CHARLES McCRORY32` Attorneys for Claimant 1 PROOF OF SERVICE BY MAIL ( 1013a, C.C. P. ) STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) SS I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years and not a party to the within above entitled action; my business/r kkxoex address 5 Palo Alto Square, Suite 1000, 3000 EI Camino Real, Palo Alto, CA 94306 .... .. .. ... ....... ....................... ... ... ................. On July 7, 1983 I served the within Claim for Personal Injuries (Government Code Section 910) on the County of Contra Costa in said action, by placing a true copy thereof encloeed in a sealed envelope with postage thereon fully prepaid, in the United States post office at Palo A Ito... . .I. . ........... California, addressed as follows Clerk Board of Supervisors Box 911 Martinez, California_ 94553 I certify (or declare),under penalty of perjury' that the foregoing is true and correct. 717!83Palo Alto Executed on ... .. ......... at ......................................................... , California. (place) i ............ ....... . 133 ANN MARIE BARBE (Stabature) `proof of service by mail forma, beau alSned under penalty of perjury. do not reputre notarisation PROOF OF SERVICE BY MAIL ( 101 3a, C. C. P. ) STATE OF CALIFORNIA ) COUNTY OF SANTA CLA.RA ) SS I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years and not a party to the within above entitled action; my buljnesso eswezwx address is 5 Palo Alto..Squ. . are, Suite... ..1000. . ,...3000. EI Camino..Real!. Palo Alto, CA 94306 . . . . . . .. . ...... ... . . .. . On September 13, 1983 I served the within Declaration of Charles McCrory on the County of Contra..Costa ... . in said action, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States post office at .Palo. Alto.... . . .......... California, addressed as follows Clerk, Board of Supervisors County of Contra Costa Box 911 Martinez, California 94553 I certify (or declare), under penalty of perjury,* that the foregoing is true and correct. Executed on 9/1,3/$.3..... st . Palo..Alto1w.................. ................. .. , California. (place) 134 ANN MARIE BARBE (Signature) 'proof of service by mail forma, being aigned under penalty of perjury, do not require notarization. i I CHARLES McCRORY McCRORY AND BLICK 2 5 Palo Alto Square, Suite 1000 3000 EI Camino Real 3 Palo Alto, California 94306 Telephone : (415) 494-0611 4 Attorneys for Claimant 5 6 7 8 Claim of ) ) 9 JOHN BALZER, ) DECLARATION OF JOHN BALZER 10 vs. ) 11 CONTRA COSTA COUNTY ) HOSPITAL; COUNTY OF ) 12 CONTRA COSTA; DR. DOE ) GONG; DR. DOE DOWLING ) 13 and DOES I through X, ) inclusive, ) 14 ) 15 16 17 I, JOHN BALZER, am the claimant herein. On December 31, 1982, 18 1 went to the emergency ward of the CONTRA COSTA COUNTY HOSPITAL for 19 an injury I received to my eye when I was struck by a board in my garage. 20 After an examination, I was admitted as an inpatient and remained in the hospi 21 tal until January 3, 1983. On the evening of January 3, 1983, while I was at 22 my home, my eye began to fill with blood and I returned to the hospital and 23 was again admitted as an inpatient. On January 11, 1983, surgery was per- 24 formed and 1 was released from the hospital on January 14, 1983. After the 25 surgery, the operating doctor told me that there had been some complications, 26 but he did not say that the condition would be permanent or what the compli- MCCRORY AND SLICK ATTORNEYS AT LAW SUITE 1000 13 5 5 PALO ALTO SOUARE 3000 EL CAMINO REAL PALO ALTO.CA 94304 (415)494-0611 - I cations were. The pupil to my left eye is noticeably off center, there is scar 2 tissue on the eyeball and I have lost considerable vision. I thought that the 3 condition might improve, but after several months decided to consult an attor- 4 ney. I consulted the law firm of McCrory and Blick on April 13, 1983. 1 did 5 not consult any other attorney or law firm prior to April 13, 1983. 6 1 declare under penalty of perjury that the foregoing is true and 7 correct. 8 Executed this �.4 day of August, 1983, at North San Juan, 9 California. 10 11 �a!� a 12 JOHN BARER 13 14 15 16 17 18 19 20 21 22 23 24 25 26 MCCRORY AND SLICK ATTORNEYS AT LAW 1 {� 10 5 PALO AITE LTO SQUARE -2- 1 3 6 3000 EL CAMINO REAL PALO ALTO.CA 94304 (415(496-0611 PROOF OF SERVICE BY MAIL ( 1013a, C.C. P. ) STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) SS I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years and not a party to the within above entitled action; my businessvaswmwx address is 5 Palo Alto Square, Suite 1000, 3000 EI Camino Real, Palo Alto, CA 94306 On September 13, 1..983 I served the within Declaration of John Balzer .......... ............ on the County of Contra Costa in said action, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States post office at Palo. Alto. I.... . . . _........ . California, addressed as follows Clerk, Board of Supervisors County of Contra Costa Box 911 Martinez, California 94553 I certify (or declare),under penalty of perjury,* that the foregoing is true and correct. Executed on 9/1,3/83..... at .................... . , California. ............. ... . . . (place) �^ a. / ` ANN MARIE BARBE (Signature) 'proof of service Ey mall forma, being signed under penalty of perjury, do not require notarization' CLAIM BOARD OF SUPERVISORS OF CMrRA COSTA COMITY,, CALMFUM IA BOARD ACTION Claim Against the City, ) NOTE To CCAItAW October 18; 1983 Pouting Endorsements, and ) The copy of this document mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , Government Code.) ) given pursuant to Government Code Sections 913 a 915.4. Please note the "Warning" below. Claimant: William McNerny, 3 Brown Court, Pacheco, CA 94553 Attorney: Address: - Amount: $1859 . 69 By delivery to Clerk on Date Received: September 16 , 1983 By mail, postmarked on 9/12/81 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim. 17 DATED: 9/16/83 J.R. OQSSONT, Clerk, , Deputy Kelly Calhoun II. FROM: County Uiunsel TO: Clerk of the Board of Supervisors (Check one only) ( ) This Claim complies substantially with Sections 910 and 910.2. ( /) This Claim, FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8) . ( ) Claim is not timely filed. Board should reject claim on growl that it was filed late. (5911.2) DATED: 2&"Xj JOHN Be CLAUS'EN, County Oounsel, By , Deputy III. BOARD OREM By unanimous vote of Supervisors present This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED: .R. OISSQV, Clerk, byCA Deputy WARNM (Gov't. C. 6913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file-a court action on this claim. See Government Code Section 945.6. You may seek the advice of any attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. IV. FROM: Clark of the Board TO: County Counsel,, 2 County strator Attached are copies of the above Claim. Vile notified the claimant of the Board's action on this Claim by mailing a copy of this document, aro e mem thereof has been filed and endorsed an the Board's copy of this . 138 Claim in accordance with Section 29703. DATED:�� 9�3 J. R. ICLSS 1, Clwkk# Deputy CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions .,.:o Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. _ Claims relating to any other cause of action must be -_ presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106 , County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P.O. Box 911 , Martinez, CA) , C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public en+ `-tv, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of this form. ************************************************************************ RE: Claim by ) Rese�v.�$--#�rr��-,'-s rng stamps 11 L Against the COUNTY OF CONTRA COSTA) or DISTRICT) (Fill i name) ) e c.. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $/�'sl' L_ and in support of this claim represents as follows": ------- --- ------------7-------------------------------------------- 1. When did the damage, or injury occur? (Give exact date and hour) -----mama-- --------------- ------------------------------------------ ere - d 2. Whdid the damage or inury occur. (Include city and count) ----------------- - ---------------------------- d- -- a 3. How did the ama--ge--or---injury occur. (Give full details, use-ex-mtrama-- sheets if required) ------------------------------------------------------------=----------- 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? 139 (over) r 5. What are the names of county or district officers , servants or y employees causing the damage or injury? t s ----------------------------------------------------- ------------------- ; What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) ------------------------------------------------------------------------- 7 . How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) ------------- ----------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. ------------------------------------------------------------------=------ 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Govt. Code Sec. 910. 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney Claimant' s Signature Address Telephone No. Telephone No. ************************************************************************** NOTICE Section 72 of-the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city _ district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account , voucher, or writing, is guilty of a felony. " 140 CLAIM BOARD Of SLVERVISORS OF CONTRA COSTA CU1:TY. CALIFWNIA BOARD ACTION October 18 , 1983 Claim Against the County, ) VOTE Ta CGAIMAW Luting Endorsements, and ) 7he copy of this document mailed to you is your Board Action. (ell Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , Government Code.) ) given pursuant to Government Code Sections 913 6 915.4. Please note the "Warning" below. Claimant: Harvey Brown, Route #1, Dunes Correctional Facility, Holland Michigan 49509 Attorney: Address: - - Amount: $265 . 87 By delivery to Clerk on Date'Reoeived: September 16, 1983 By mail, postmarked on Envelope Lost I. FRCM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim." DATED: 9/16/83 J.R. =SON, Clerk, By C GC/ � e . Deputy Kelly Calhoun II. FROM: County Counsel 70: Clerk of the Board of Supervisors (Check one only) (- � ) This Claim oomplies substantially with Sections 910 and 910.2. ( ) This Claim FAITS to =amply substantially with sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8) . ( ) Claim is not timely filed. Board should reject claim on ground that it was filed late. (5911.2) DATED: q - Zv - R3JOHN B. CLAUSEN, County Coiaasel, By f - , Deputy IIIA BOARD ORLER By unanimous vote of Supervisors present >7 This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. / DATED: OCT 18 1983 J,R, MESON, Clerk, by X" .t�, Deputy WARM;G (Gov't. C. S913) Subject to certain exceptions, you have only six (6) months from the date this notice was persoDally delivered or deposited in the mail to file-a court action on this claim. See owenz ent Code section 945.6. You may seek the advice of any attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so Immediately. IV. FXX: Clerk of the Board 70: Cm mty , 2 Countystrator Attached are copies of the above Claim. Via notified the claimant of the Board's action on this Claim by mailing a copy of this document, arra a mem thereof has been filed and endorsed on the Board's of this4 Claim in accordance with Section 29703. DATED: OCT 18 1983 J. R. MESON, Clerk, �► � CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COcmzz - `REl'ur i�ii1581 appliertlon t0' w� nstructions to ("lai^.,ant Cierk of the Boarc 0. Box 911 c r * Martinez, Gaiiform 94533 y A. Claims rela-inc to causes o_ action _o_ cleath or :or in)ury to person or to personal property or crowing crops must be presented not later t1na.- the 100th dav_ after the accrual of the cause of action. Claims relating to any ether cause of action must be presented not later than one year after . the accrual of the cause of action. (Sec. 911. 2 , Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106 , County Administration Building, 651 Pine Street, Martirez ,. Ca'lifornia 94553. C. _f claim is against a district governed br tae Board of Superviscrs , rather than the County, the name of the District should be filled in. D. If the Claim is against more than one pu!:1ic entity, separate claims "usz be __led against each public entity. E. Fraud. See penalty for .fraudulent claims , Pena'_ Code Sec. 72 at end of this fora,. xxxi ***xxxx*xx*xx*****xxx*x**x*****x**x**xx**x*xxxxxxxxx*xxi **xfxx*x*xx* RE: Clain: by ) Reserved for Clerk ' s filing stamp I (. J� i,r.n• :� P%gai--st O _he COUNT"-' OF CONTRA CSTA) r "i j or DISTRICT) CLO i s:(: i .. . ..aor,-. � -.•• (F i i i in name) ) r.,.�. _ The undersigned claimant hereby makes claitr: against the County cf Contra Costa or the above-named District in the sum of $ 965 $? and in support of ;his claim represents as follows .- . - -----------1------. - ------------------------------------------ 1-.--P;--hen---dig :he damage or in;ury occur? (Give exact date and hour) 8-,27-83 c� 8'��g v► wN/L B/�/NG /1F_GrASED f'�,�. �dKN ��L CI1JJ),F. )W*Q7__1A)EZ) -------y---2 ---h------------- -- -------------------------------------- da "age or injury occur? (include city and county) ��-iN OETENT/t�/v fAGieiT�- ,, �e�o2r�.vc'z� �,4. -------- --- ----- ------------------------------ - - -- 3. sok c'ic' the carnage or injury occur? (Give full details , use extra sheets if required) L psi /.UmslZr� �iQo��RTl • F 4. h'hat particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? u^.,¢BLE Td LoG�-TE �/►�M�RlE (3rQocu�v'S L7E,¢ �?A�/ct_�. 142 %E�Quo/S CBCcrt CyCEfc� -G�.aYCaeQ, )*Ie AOckkrs 7_//)16e Aaakpr $lzE W ,n3� llvM. re 6.4aw&/ WAS /QLL�i�SE/> ��'� THE �J,p,f O/v -F-a7. 83 qvp lover` O1604,r/ES cvG�4�' Grif//�dCE jzJ Loc�4TE /'��S C r�t�F C0s47- T#i>f-T }6PAD8y�/L' dam- n � 5.. : EIhat: ar.e., the names of county or district officers , servarts. os emplovees. causing the damage or injury? , . 'uTk f�E ;S E tihat damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two stimates for auto A GoST Ti4�KF.a' cEt�ro /h�f��. �,vE of kcND) ------------------------------------------------`------------------------ i . Aow was `she amount claimed above comauted? (Include the estimated amount of anv prospective injury or damace. ) ------------------------------------------------------------------------ 6 . "tames and addresses cf witnesses , doctcrs and hcs:' ta!E . hist tale expenditures you 'lade on account of th- s accident or LATE ITEM 1-MOUNT jd-C SET a 6s5� Govt. Code Sec. 1910 . 2 provide: "The claim sicned by the clair ENL NOTICES TO: (A-tcrnev) or by some verso- on his beh= Name and Address of •Attorney OX izet-55 n ' s .,_cnatu r e L t Aadr ss 1CAc/Llj1j ffo L[AND Telephone No. Telephone No.6/6 -335- S$o! NOTICE Secticn 72 of the Penal Code provides: r "Every person who, with intent to defraud, presents for allowance for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine , any false or fraudulent claim, bill , account, you or writing, is guilty of a felony. " 143 CLAIM BOARD Of SUPEFtVL90RS OF CONTRA COSTA COEN-rY, CALIF VIA BQMM ACTION Claim Against the County, ) RM TO CLXUVNT October 18, 1983 Routing nxbrsen?nts, and ) The copy of this document mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Board of supervisors (Paragraph III, below) , Government Code.) ) given pursuant to Government Code Sections 913 6 915.4. Please note the "Warning" below. Claimant: Shell Oil Compuay Attorney: Moore, Lifford, Wolfe, Larson & Turner 201 - 19th Street - Address: Oakland, CA 94612 Amount: Unspecified Hand delivered By delivery to Clerk on 9/16/83 Date'Reoeived: September 16, 1983 By mail, postmarked on I. FMM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim../ DATID: 9/16/83 J.R. OLSSON, Clerk, By LGLC , Deputy II. FROM: County Counsel70: Clerk of Boar of Supervisors (Check one only) ( X) This Claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to carply substantially with sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (section 910.8) . ( ) Claim is not timely filed. Board should reject claim on ground that it was filed late. (5911.2) DAM): 1- 21 - i ) JOW B. CLAUSM, County CDunssel, By . Deputy III. BOARD ORDER By unanimous vote of Supervisors present ( This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED: OCT 18 1983 J.R. OLSSON, clerk, Deputy (Gov't. C. 5913) Subject to certain exceptions, you have only six (6) months.fran the date this notice was personally delivered or deposited in the mail to file-a court action on this claim. See Government Code Section 945.6. You may seek the advice of any attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. IV. FKH: Clerk of the Board TO: County Counsel, 2 County NERMstrator Attached are copies of the above Claim. We notified the claimant of the Board's action on this Claim by mailing a copy of this document, and a 144 memo thereof bas been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DAM: 'OCT 18 1q83 J. R. MES N, clerk, I MOORE, CLIFFORD, WOLFE, LARSON & TRUTNER A Professional Corporation 2 201 - 19th Street F I L F D Oakland, California 94612 - 3 (4150 444-6800 ci--P /Z/ 1983 4 Attorneys for Claimant R. OtS;ON SHELL OIL COMPANY CLE OAP.0 Qr SUPERVISORS 5 TR T O. 6 7 8 BEFORE THE BOARD OF SUPERVISORS 9 � OF THE COUNTY OF CONTRA COSTA 10 SHELL OIL COMPANY, ) 11 V. ) CLAIM FOR DAMAGES AND RELIEF 12 COUNTY OF CONTRA COSTA ) 13 14 TO: THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA 15 , COSTA AND THE CLERK OF THE BOARD OF SUPERVISORS: 16 CLAIMANT' S NAME: 17 The Claimant is SHELL OIL COMPANY. The Claimant 18 should be contacted through their attorneys : 19 MOORE, CLIFFORD, WOLFE, LARSON & TRUTNER 201 - 19th Street 20 Oakland, California 94612 21 Telephone Number: (415) 444-6800 22 NATURE OF CLAIM: 23Indemnification and enforcement of the Agreement 24 (Road Improvement) between Shell Oil Company and Costa Costa ' 25 County , dated July 22, 1980 , attached as Exhibit "A" ,including 26 but not limited to enforcement of paragraph 12 thereof , requir- LAW OFFICES OF MOORE. CLIFFORD. WOLFE. LARSON & TRUTNER A PROFESSIONAL CORPORATION 145 I ing said County to hold harmless and fully indemnify SHELL OIL 2 COMPANY from any claim against Shell arising out of, or from, 3 the-road improvement construction activities which are the 4 subject matter of said agreement. 5 DATE OF OCCURRENCE: 6 An automobile accident occurred on or about December 10 , 71981. This accident resulted in personal injuries to ROBERT LEA 8 and HENRY MICHAEL BORELIS. A self-explanatory copy of the 9 Accident Report of the Martinez Police Department of December 10 , 1011981 is attached hereto as Exhibit °B" and incorporated herein. j 111 The injured parties , LEA and BORELIS, filed their 12 FIRST AMENDED COMPLAINT FOR DAMAGES - PERSONAL INJURIES on or 13aboutJune 21, 1983 , in Contra Costa County Superior Court, 14 bearing Civil Action Nos. 230324 and 241527. 15 Claimant was named as a defendant in said civil action 16 and served with summons and complaint on or about August 1, 17 1983. LEA and BORELIS were performing work pursuant to the 18 Agreement (Road Improvement) at the time of the accident. 19 The Agreement (Road Improvement) specifically provides 20 in paragraph 12 that the County shall hold Shell Oil Company 21 harmless from any claims against Shell by any party for personal 22 injury, property damage , or any other claim whatsoever which 23 might arise from the construction and/or subsequent maintenance 24 of all street improvements under said agreement, except for , 25 liability arising out of the sole negligence of Shell -oil _ 26 -2- LAW OFFICES OF 14 6 MOORE. CLIFFORD. WOLFE. LARSON & TRUTNER A PROFESSIONAL CORPORATION I i I Company. The subject accident did not arise out of any negligence 2 on the part of Shell Oil Company. 3 _ Pursuant to said Agreement between Shell Oil Company- 4 and the County of Contra Costa, Shell Oil Company hereby tenders Sits defense in the LEA and BORELIS litigation to the County and 6 demands that said tender be accepted , including the obligation 7Ito settle or defend said claims. 81! Shell Oil Company demands that the County reimburse �I 9Ithe claimant for any and all attorneys ' fees , costs and/or I j 10 ! expenses by way of damages or otherwise that it has incurred 11ior will incur because of the claims of LEA and BORELIS. Shell 12JOil Company has presently incurred legal fees in the amount I 1 ! 13 of $500. 00 in these matters . 14 Should Shell Oil Company be required to defend itself 15 lin the LEA and BORELIS litigation and/or in any other way incur 16 costs , expenses, or pay damages , settlement money or any 17 adverse judgment, Shell demands full indemnification for any 18 and all such money paid. In the alternative , claimant is entitled 19 to be indemnified for all such money paid, and any other such 20 money or damages , based upon a proportionate share of the 21 comparative fault of the County and Shell Oil Company. 22 23 24 // f 25 26 -3- LAW OFFICES OF MOORE, CLIFFORD. WOLFE. LARSON & TRUTNER 4 ►/y A PROFESSIONAL CORPORATION I 1 Claimant makes further claim for any and all other 2 appropriate relief based upon the premises. - 3 Dated: c.�PL wqp�. /S� �Qg3 - 4 MOORE, CLIFFORD, WOLFE, LARSON & TRUTNER 5 6 By 7 GREGO D. BROWN 8 Attorneys for Claimant SHELL OIL COMPANY 9 10 11 I I 12 i 13 14 15 16 17 18 19 20 21 22 23 r 24 - 25 26 LAW OFFICES OF 148 MOORE. CLIFFORD. WOLFE. LARSON & TRUTNER A PROFESSIONAL CORPORATION , -. - PAI:E L_o, d EC IA. 4,IDITIONS Y_. I. 1 ,. , cI.I 111 LISI. .I - rEHON. No. • 3 _I c �YiRn Tu tz _il-} W �l 1 ' L . LEOI RFS �. �ISTP ICiki. BEAT uT cps; OCOLL:SICY 'CCUPRED C'. I.,0. DAY rR. ITIMEIT4001 CII NO. OFFICER I.D. Q 4aw LC _ t2 io ( 2. ©,I1 Z AT rI' SECTION ''+.IiN /� /tT� 1/AyA, n ',I )/� INJURY. FwRIRE!pR TOW AWAY STATE NWr OPR, ,J rr[T.y.I.•�5�`_�^ �I�I� `I 11 /E,//V/"S ��� f 'ZIES ❑YO YES NO PARTY NIM R5• MIDDLE. LASiI S;HEFT A 114E O4-VER DaI S LICENSE NO ST.IEBIRTNO.TE I S. R.CE 1t1 p STATE NONE / 06zzz�S G4 I DAY - ;Lv ) TT t7Ul �3 REDES• VE' CLr IN. MARE LICENSE 1 5'111, ONNEP'S NAME SAME AS DRIVER .PI.N A❑Ep -7 � z z 4�q LU C IE-. O'PE'T'CN Or JN AC:015 'STREET /OP NIGNWAY'I OWNER'S ADDRESS •g SAME AS DRIVER .AVE�. S'I NVC �•�� 1 C'CLIST E p IIM i DISPOSITION OF V IICLEZ�dr DRIVER ON OPCEP' Or VEHICLE DAMAGE VIOLATION CHARGED EXTENT , LOCATION 01-EA I Il /�`j�'7��f/ /�'� l f/� ❑r.IIN01M 00. ❑ 4c) I ON� �d O� , (/f.�le-e-+ I `MAJOR ❑ TOTAL I PARTY NAME IFIPST• MIDDLE, LAST) STREET ADDRESS 2 "TIV,ER DRIVER'S L CENSE NO. STATE I N10.7,TRDADA'E YR 15 • aACE CITY STATE PHONE iPDESIAN v1,"'CLE rR. IN'c'E LICENSF, v0. 15 TE OANER'c NAI..E SAME A DR EP Cl 3/ IIS-I C.t� �rC, v� �&acc-1,(0v co, EC*'CN Ori 'ACR055 ISTREET OR GH NAYI OA'NER'S ADCPES D SAME AS DRIVER eI• Sai=r 5 I- +✓l, {}v 9- 520 4TH ST -6e„ CA, C•CLI5T SPEED LIMIT 1 DISPOSITION OF VEHICLE ❑BY OPIVER ON ORJEcC 0r IENICLE DAMAGE EOLA ION CHAR [ EXTENT LOCATION OTHER f '/J��T� G:�•S'�/� 0- l(�� MINOR❑ M00. F{nom, �/� I ❑ Lj2 ` % v�V�•+Cr V""'1+V`--`�..+ ❑.A.JOR ❑TOTAL !.\AL M L_(L 12 . F ISCP IPI ION Or 0AJ.I.Cc p -- W S• C- m�AL CeNUi�T �a-? O�:O_ — $ '4,tiejLiNK s 'Ba i I OO'NNE 4'S NeyJ-ry y� //,��, /� AJDRt'S' /�� J��-{`• Iwo,IF'ED 4 4 0.C •�E.FV-V-� W n-+s r. L..i' � [� G cc ��/7TE /)/V�Tr �E S ❑No I T NE EXTENT OF INJUP' I INJURED WAS(CIICCA One) ON MISSI ONLY ! AGE SEX FALL I SE:'ERE WOuIJD OTHEP V151P1• I g,. VEN. 4 INJ::., DISTORTED VEMRFR INJURIES COMPLAINT OF PAIN IDAIVF.N I PASS. ' PEO. CYCLIST OTHER iNUMBEV I IVl ! ❑ ❑ C ❑ D D C ❑ � YA4 r7�7 .N •1 Vw ice /[awili ADORE a TAPE' o II'JUREo ON L to )tN SErc �i) Co 1070 CC/j �� C `WAD c ❑ I 1 1,_l D 1 ❑ 1 ❑ ❑ W NAME ►Mo Fop,/�G S /// Tom[ _ .DOBE G4>IO ti 61 !I E �! I .IJ I D pN 3-78 l WRnD !/ NA41 wi6APHONE 277 ZLE _ ADDRE b� '/L 1 ✓-," /L JL)r L lAY 20 11 NJURE 'i•7 IY 1 T ll// 5 =•ETCM O ,Alec ELLANE OUS % CONTROLLED DOCUMENT INDICATE DUPUCA ION OR REISSUANCE CONTROLLED BY, LAID'! .. R444md to Date ) 1. titerifiez aoltoe Dept INDEXED C: OSP 149 EXHTRTT R COLLISION NARRATIVE S Si 0 pED-_OJ-AL 7A4S6lJ �� _ pd,l c cC � 7h7uL � u1 - 1 �T�ZzD� T 0_,J.4E���� 111(1A M7-4 Z2dmz RZ _ 7�,d��,v E ,�7_�/�iox Zs'i�,o�. -�� e•' ��� C./G Cllr. .t/ 5 �,�RT e' o � t7rfUd7.� Wl s �v lA Z _ r�1B' _ 7Jl i S Ufa�. llJ/T��sS• ?�/ �2�c�C ��y--1� S 1/47 IF Q� _1Z�,_ �" e�J ��z-r ' �►,��? � _G�%v XIII i37 Ivc;-74•r`l E PRIMARY COLLISION FACTORI I 2 ] 4 I 1 2 S 4 RIGHT OF WAV CONTROL A VC SECTION �l�r A CONTROLS FUNCTIONING TYPE OF VEHICLE MOVEMCOLLISIONeNT EDING IX VIOLATION 2Z "' 8 CONTROLS NOT FUNCTIONINGPASSENG EA CAR A STOPPED 4 II•ICLUOES STATION WAGON' 8 OTHER IMPROPER DRIVING' C CONTROLS OBSCURED = B PROCEEDING STRAIGHT C 01-EA THAN DRIVER- P PASSENGER CAR w/TRAILER D NO CO'ITROLS Pn ESErrTC RAN OFF ROAD C MDT OR[rCLE/SCOOTER D UNKNOWN' TYPE OF COLLISION' D MAKING RIGHT TURN D PICKUP�MPRSZ:�y(K WEATHER p NEAR-ON — E MAKING LEFT [VAN PICKUP OR PANEL TRUCK A CLEAR B SIDESWIPE E w/iPULEP F MAKING U TURN B CLOUDY X C REAR ENO — F TRUCK OR TRUCK TRACTOR G BACKING C RAINING D BROADSIDE G TRr)CK OR TRUCK TRACTOR H SLOWING• STOPPINO w/TRAILER'S' D SNOWING E NIT OBJECT -- - --_ I PASSING OTHER VEHICLE. f C F OVERTURNED H SUIOOL 9U5 FDF• J CHANGING LAMES f _OT_ _ R �Eo v -_ I OTHER BUS G AUTO/PEDESTRIAN K PARKING MANEUVER -_,_ i EMERGENCY VEHICLE LIGHTING H OTJ'ER - ENTERING TRAFFIC A DAY LIGHT MOTOR VEHICLE INYOLV ED WITH K NIGNWAY CONSTRUCTION EOUIPMENT L FROM SHOULDER, MLD- IAN. PARKING STRIP OR B DUSK DAWN A NON-COLLISIONPRIVATE ORIVE L PICTCLE C DARK - STREET LIGHTS B PEDESTRIAN — _ ?A'OT.ER _ y _ M OTHER UNSAFE TURNING O DARK - NO STREET LIGHTS C OTHER MOTOR VEHICLE I 2 I 0 4 JOTHCR ASSOCIATED FACTOR N CROSSED INTO OPPOSING STREET LIGHTS NOT D MOTOR VEHICLE ON OTHER POAOWA'( I rMIKK ONE TO THREE ITCMSI LANE E DARK IUNCT10414G E VAR KFO MOTOR YEN)CLE A VC SECTION D FAR KED ROADWAY SURFACE IC,+'�` i' VIOLATION F TRAIN P MERGING 4 CRY J S♦ VC SECTION G BICYCLE +w7 8 VIOLATIO14 O TRAVELING WRONG WAY• T _ 8 WET ANIMAL VC SECTION R OTHER H ny': C S40wv __.CT VIOLATION D SL'PPERv IMUODY. O'Ll. ETC.) FIXED OBJECT IS{b fes: ---- 1 L S 4 SORRI[TY Owuo.PHYUGAI I I+� D VC SECTION IM.P. ON[ TO TNP[E IT[M[I _ ROADWAY CONDITIONS VIOLATION _ __ 'MAP. ONE TO 1..[[ .11.1. OTHER OBJECT E VISION OBSCUPENIENTS A MAO NOT BEEN DRINKING _ B HBO UNDER INFLUENCE A HOL[S, DEEP RU•5 _ =—' 1 F INATI ENT 1011 HBO NOT UNDER B LOOSE MATERIAL ON ROAOSVAY N Oi.EP.______.__.- _,I_�- C INFLUENCE C OBSTRUCTION OH AOAOH Av PEOESTRIAN'S ACTION _1 - G STOP_B-GO TRAFFIC A NO PEDESTRIAN INVOLVED 11 H E4•(R14G'I.EAI''4G RAMP D MBO- IMPAIRMENT D CONSTAVCYION-REPA'P 2040 _ _ _ UNKNOW M' V•� E REDUCED ROADWAY WIDTH -^ p_8C.:`,0SSI.G OSSING IN CROSSWALr AT _-I _ — T PREVIOUS'COLLISION -- LN — EPSECT104 _— E UNDER DRUG INFLUENCE F FLOODED --------- --- __I J VNF.N+ILI.R WITH ROAD I4 C4OSSWALK - 40T AT `pEF[[;*VC VEHICLE F OTHER PHYSCAL O DINE- INTERSECTIOII I K EON IPMENT IMPAIRMENT- * NO UNUSUAL CONDITIONS —_ O CPOSSIIiC • %OT 14 CROSSWALK _ `� - -" -'--"-""--- _ L UNINVOLVED YENICLC -- G IMPAIRMENT NO,I KN E' IN ROAD INCLUnCS 54OULDER r - - ----^-- H NOT APPLICABLE F NOT rI. RCAJ^-- I rA nTlr(R- f, lPno OAC••'•:SII[A:1•.Y. SU'ODL 3n5 1 N 401.E APPARF NT _ 1 'E[' BY II.[). NUMBER wVESrLATr BY I1.0. NUMBER R MEWED 62 i 567 -F� •EXPLAIN IN PIARa,t)vE 150 t Iw�I t IV �AVLLIJ{UII tttt Ult I PAGR_3_Of ' iPEC1AL CONOIT ION$ . . . IF[LIly E NOIN/ ;A'�} I� \ ' JUDICP aL OISiICT • iu0, KILLED( COUNTY PCeic°..%'Dg 15TRT BEAT M450 'J Z COLLIS'CN CCCDq'EO ON { N'0. OA+ IQ, TIME114001 CII VC). OFFICE I.D. AT INTERSECTION CTION bliN U i _ INJURY, FATAL OR TOW aW STATE NWY O EEi { OF YES xo ❑YE x0O � L PARTY NAME (FIRST. MIDDLE, LAST; STREET ADDRESS 1 - C91vEq DgIVLR'S LICENSE N0.❑ STATE I SIRTNDATE MO. I DAY I Yq, (RACE CITY STATE PHONE ^EnES- 791AN V(NICLE IR. I MAKE i LICENSE 110. _ - OWNER'5 IIAME ❑ SAME AS DRIVER ❑ 1 1 nTNED .O OIR E!TION OF OHr ACN05$ (STREET OR HIGHWAY+ OAPIER'S ADDRESS ❑SAME AS DRIVER - TVAVCL B1 ( CYCLIST SPEED I 'MIT 'DISPOSFTION OF VEHICLE I—1 BY DRIVER ON OROEP' 0• VEHICLE DAMAGE VIOLATION CNARGEO ❑ U EITENT I LOCATION �THEP ('� r.)I•,OP � IA 00. L. 1 U.•.'A 109 TOTAL 1 . 2 PARTY NAM' IF-PST. MIDDLE, LAST) STREET ADDRESS 2 :gI+�VEP DRIVER'S LICENSE POO. STATE I BIRTHDATE SST PACE CITY STATE PHONE 1 MO. 1 DAY YP. L_ 1 � ' IEOES- vENICLE YR MARE LICENSE NO. �'+TE OWNER'S NAME ❑ 'IAN SAME AS DRIVER n PAP'ED DIRECTION OF ON/ACROSS ISTREET OR HIGHWAY) OWNER'$ ADDRESS I C] SAME AS DRIVER TRAVEL 81. C•CL❑I$T SPEED LIMIT DISPOSITION OF VEHICLE ❑ By DRIVER ON ORDEPS OF /E41CLE DAMAGE VIOLATION CHARGED EXTENT 1 LOCATION OTHER C!TWpP G+ +ADD. I 1 ❑ ❑IAUOR ❑TOTAL DESCPIPT ION OF DAMAGE F 5 W OOWNER'S NAME AOORE55 NOTIFIED Ir ❑yfA C3 No (L WITNESS( I EXTEiJT OF INJURY INJURED WAS(CF)eCk One) IN 04Lr I AGE I SEX rATAL SEVERE WOV'ID I OiNEP v1519Lr I BI_ VEN. I INIIIPY I DISTpPT EO MEMPf IN I�'R IT_$ COMPLAINT OF PAIN IDPIYEq PASS. PCO. CyCL)$T OTN ER NVMBER I ►� i ❑ c ❑ I ❑ ❑ I ❑ ❑ 1. N NAMI / � PHONE 3n r W ACORES3 TAKEN TO IIHIU ONLY( res �c�� G C :tib n i I C CD L' ❑ 1 0 1 0 1 El 01 "AMC/ AOORF.SS / '— ,.y TAKEN TO IINJURED ONLY( Z ( C—I�/�'t�( EJ- 7 f t CA ❑ { ❑. ❑ ❑ ' L ❑ 1 ❑ 1 ❑ ❑ ❑ NAME PHONE ADDRESS TAKEN TO 'INJURED ONLYI SKETCH •USCELLANEOUS 0\ 1 INDICATE NORTH •� IRF.. I, 0s FY 151 i� ORIGINAL NO. • - PAGE CHICK] DATE OF ORIGINAL INC: TIME 121001 C11 NUMBER OFFIC 1.0. oNE . SUPPLEMENTAL MO. /Q DAY /o VA. Y/ 1/0Z 071"'u2l SJPPLEMEFI75 FORM 555 LOCAT�041_UOJEECT CITATION NO. TRAFFIC COLLISION REPORT s /�/ �fl!vF �Ll�✓t�Ar� �/I OTHER: ,�✓-T BEAT FORM$55 NARRATIVE CITY COUNTY REPORTING DISTRICT CONTINUATION ONLY It.t07�J - -/1: - �-oZT _ 1L�9— u'G'r,t ,• 1. c;6r � ��__�✓ems _ �a�� � _=r_ rz:9�' rx/ ��J�1ddb /2/174 7'/6-75 Sru,7�t6-0 PQS:5_ GEE��G -fi vr�s �- currN_ ,=:�J,v 4�_ 2- s 4109-�LZ=/!o0' : oGR �� DID �� Z��o�v�- G-�.v r��_ �,s,�/—I/J—�- • ..mss 5&j C1-! __vim —s�czG_, �r,�rfrr� �,�-6 S�D�---�N�7��i_�N_D/_�iC�ll.c�. /�ig,�N�.•s-G i4�o �!�/�-> srn. -- Gr 7ji1 e ' —f 7_Yh G. /✓�{��. !r-._Teti r,f _� G� ,��.t G16 7!a- -r�� �'"artclijr` C<JG��6 CIL -ztle�.o 1-7�6-*- LLta PREPARED BY I.D. IJUMBEPJ PREPARED REVIEWED - APPROVED BY I.D. NUMBERI DATE NAME/RANK M0. DAY YP, "A-'E/qAM• MO. DAY YR. I { I I 1 I 1 152 OR IO INAL NO. • PAGE J / fJ S CN('CN SUPPLEMENTAL MQTf/ ORIOIN.D.+ <<� "R. �/ ���D� EIO//C� °izER/.D. ONE SUPPLEMENTS FORM 555 LOCArr4 SSUU%JJECT CITATION N0. TRAFFIC COLLISION REPORT OTMERI /( BEAT FORM 555 NARRATIVE CCOUNTY REPORT INO DISTRICT CONTINUATION ONLY VV1�voYY//��1�k - �'j' --1�s- t.) m 1)/$Q cle (s-�f�/�� • _ t�4f�QL<�LTJ �/r�" �� �,�. _ � Z' ;2/ 4- rP D S� _1�lc�c C OFF Aq PREPARED BY LO. NUMBER PREFAB EO _ _rFVIEaEO - APPROVED BY I.D. NUMBER DATE ' E�i �•O. OAY v. e• [SRA Nn_—_— M0. ' 'Y YR. 153 PAGE No. SKETCH - NARRAff'1E-CONTINUATION 3 55 ALL MEASUREMENTS ARE APPROXIMATE AND NOT 0 ::ALE UNLESS STATED 'SCALE= 1 D FT-M 1 1 1 � rl1 S. prA �A'�\J IND ICA TZ ` NORTH IVA/L/,(iq yt le AJ _ �¢C oy�T �tjASCun( u.�7. gAsL 0 w )2 0 � u me-TAL Cocow-7a- awe Bbl#( V. Cz;.s(Auc,h0,A) won(S�n SOI SHi✓1(. ��-- -A.. A.. li SF�Gy- 016 Co fi - _ I 3 1.. z.. 3" 5.. Ave- S.. ,.. 7.. 1 I , l I , , ' , ISI 1 Ii I , I I I I , , 1 , , , 1 I I I I I D•• NARRATIVE CONTINUATION (Use reverse side as necessary) _ IMPACT O � � r /s- �� / ,�77pp VEHICLE '']_ '•'I., �/ J�G�/ /�r� 'MOT PAR Kf01 ` l Lo� 3 I I�`WP-r4 L ( &/ PEDESTRIAN •---♦ W\� O w IT TRAIN PARKE0 VEHICLE 71AED OBJECCT Nf AO'OM HEAD-ON it SIDESWIPE 0 REAR END OVERTAXING SIDESWIPE BROADStDE� - APPROACH _ ' TURN OVERTAXING TURN OUT OP CONTROL OVERTURNED VEHICLE <<.< 154 • p In tha Bcord of Supervisors 4 of Contra Costa County, State of Califomia July 22 19 80 In the Matter of Approving a Road Improvement Agreement with Shell Oil Company for Pacheco - Boulevard/Marina Vista Improvement County Rd. No. 3951 Project No. 0662-6114222-80 WHEREAS Shell Oil Company is improving and expanding its refinery in Martinez; and WHEREAS certain frontage improvements and other construction on local roadways proposed by the mitigation measures of the Environmental Impact Report are to be constructed at the sole cost (estimated at $1 ,650,000.00 maximum) of Shell Oil Company; and WHEREAS a portion of the work will be constructed within the City of Martinez; and WHEREAS the County will design and administer the project under a joint exercise of powers agreement with the City of Martinez to facilitate the coordination of effort of the two agencies; and WHEREAS the work will provide four traffic signals on Marina Vista, additional signal on Pacheco Boulevard at Shell Avenue, Howe Road, and the Shell Oil Company parking lot entrance, and the widening of Pacheco Boulevard between Shell Avenue and Morello Avenue; On the recommendation of the Acting Public Works Director, IT IS BY THE BOARD ORDERED that the Chairwoman is authorized to sign on behalf of the County an agreement between the County and Shell Oil Company for improvement of Pacheco Boulevard and Marina Vista. PASSED by the Board on July 22, 1980. 1 hereby rectify thnt the foreacina is a true and correct copy of an order entered an the - minutes of said Board of Supervisors on the date aforesaid. Originator: Public Works Department Witness my hand and the Seal of the Board of Road Design Division Supervisors cc: Business b Services affixed this 22nd day of July 1980 Land Development VShe 1 1 Oil Co. (via R/D) J. R. OLSSON, Cleric certified copy By�r� Deputy Clerk County Auditor-Controller P14-Accounting Diana N1. Fe—an H•23 3�79 15M 155 EXHIBIT A _..t.. mc-a a. _-. n�._2.m.,.tea.: Se.'• AlmAGREEMENT 1Q (Road Improvement) 1. Variables. These variables are incorporated below by reference: (a) Owner's Name and Address: Shell Oil Company PO Box 711 Martinez, CA 94553 (b) Effective Date: April 15, 1980 (c) Project Name, Number do Location: Improve Marina Vista and Pacheco Boulevard. (d) Design Cost Estimate: $76,000. (e) Purchase and Construction Costs: $1,265,000. as covered by Sections 4, 5, and 9. (f) Inspection Cost Estimate: $100,000. 2. Signatures: These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA OWNER / By , L�� By - Chair%'=an Board of Supervisors Ma , Martinez ,Manufacturing Complex (Attach Certificate of Authority) ATTEST: J.R.�Olsson, County Clerk and ex officio Clerk of the Board By UG� Deputy J.H. reenberg, Controller Martinez Manufacturing Complex Recommended FORM pppgpVID B JOHN B. CLAUSEN, County Cau sqI sting Publi s i ct —�l«<.ccc ,ci/� --- 3. Parties. Effective on the above date, Contra Costa County (County) and the above-named Owner mutually agree and promise as follows: 4. Purpose and Scope of Work. The Owner shall provide rights of way and finance certain road improvements on Marina Vista and Pacheco Boulevard per attached Exhibit "A". The County shall design and construct above road improvements withiA City of Martinez and Contra Costa County. These parties shall therefore combine this work into one project covered by a Joint-Powers Agreement between Contra Costa County and City of Martinez. Said improvements shall be undertaken in a diligent manner; it is understood that time is of the essence to the Owner with respect to the completion of said street improvements. It is further understood that the issuance by the County of any future building or other permits required in connection with Owner's current Modernization Project at its Martinez Manufacturing Complex shall not be ; conditioned on Owner's completion of its obligation under this street = improvement agreement. In order to minimize cost escalation, mitigate traffic - impacts resulting from the Modernization Project and tv set vc u.e Inte::Jed - need, these road improvements must be substantially completed by April 1, 1981. If the construction schedule at the time of advertising for bids indicates that this is impossible, the project shall be reviewed by the parties involved for timing and need. 5. Financial Responsibility. Except as limited below, Owner shall be financially . responsesI or a costs of work outlined in Exhibit "A", and any additional work required 'as the Owner's responsibility. If bids exceed final cost estimate by more than 10%, Shell has the right to review costs and scope of work prior to (1) 156 .r dea....r.:s:�..... "Y-.....,fi'o'24:was.i,:.a•R`.!'.7r.i.1:.':.4sJn..L.-Y.:6�s1+�f§"� . .r'.:. 'e4�sn w. •. r , •~ 1 award of contract. If necessary, scope of work shall be reduced so that the total of all costs does not exceed $1,650,000. It is agreed that Owner's costs shall be reduced by the amount, if any, of project funds provided by other sources. 6. Plans and Specifications. The County shall prepare plans and specifications for the entire project. 7. Contract Administration and Engineering. The County shall purchase traffic signal controllers and related equipment, advertise for bids, award and approve the contract for construction. All purchases and contract administration and engineering shall be performed by the County, and the cost thereof shall be borne by Owner. Owner shall be consulted on design, bidders, purchases, contract awards, and major construction decisions. The final cost estimate shall be reviewed by Owner prior to advertising. Contract change orders shall be appr-oved by County and Owner. - z 8. Notification of Bids and Award of Contract. County shall notify the Owner, or his delegated representative, of the amounts of the construction bids received for the pro1ect within forty-eight' (48) hours after they are opened, and shall advise Owner of the name and address of the Contractor to whom the contract is to be awarded or purchase order issued. Owner shall designate a construction liaison officer who has the authority to approve contract change orders. 9. Payment. All payments due and owing the County shall be deposited by Owner in the Bank of America, Martinez branch, for the account of Contra Costa County, within five (5) working days after notice is received by Owner that payment is due, except that the amount specified in Section I(d) for estimated design costs shall be made within five (5) working days after this agreement is executed. Notice that subsequent payments are due, including the estimated construction inspection cost, will be made by U.S. mail to: Shell Oil Company Attn.:'Major Projects - Financial P.O. Box 711 Martinez, CA 94553 Requests for payments covering contractor work shall be based on the County's estimate of the progress of such work. Any additional amounts due the county for payments previously made that did not cover actual costs shall be deposited in the above account within five (5) working days after notice is received by Owner. Any surpluses due Owner on the payments shall be applied to subsequent payments due the County under this agreement. Any surpluses due Owner at the conclusion of the agreement shall be paid to Owner within thirty (30) days. 10. Owner's Cost of the Work. Owner's share of the final cost shall be based upon the Owner's share of the construction as set forth in Sections 4 and 5 herein, applied to the final contract quantities, plus Owner's share of any extra work that may be found necessary during the course of the contract. 11. Acceptance. Acceptance by the County of the work performed by the Contractor shall constitute acceptance by Owner. Upon acceptance by County of any of the public works provided by this agreement, full title to those works shall vest with the County or its successor(s) or assign(s). 12. Hold Harmless. County shall hold Owner harmless from any claims against Owner by any party for personal injury, property damage, or any other claim whatsoever which might arise from the construction and.subsequent maintenance of all street improvements under this agreement, except for liability.arising out of the sole negligence of the Own.-r. 13. Termination. This agreement shall terminate when the construction work set forth in Section 4 has been completed and payments required herein have been made. 14. Auditable Records. During the course of the work and for two (2) years thereafter, Contra Costa County and Contractor shall maintain auditable records of all cliarges pertaining to contract and make such records available So Owner auditing personnel as Owner shall require. 1 END OF AGREEMENT 157 (2) ai` .♦ i� ...�.. ..:.. .... .•: :i+--w '--,".,�,'w`zh'•i'••...'.J,.Y wY.c:.f�l:y,;r 4'�'�[i={{�' .�^r.: a!�Ar~a��n-?:�-� +.+. .-.. .� EXHIBIT A (Two Pabes) SHELL OIL COMPANY CONSTRUCTION TRAFFIC :N•11TIGATION Description: 1. Install, and remove when no longer needed, a temporary, fully traffic-actuated, traffic signal at the entrance to the new Fairview parking lot on Marina Vista. Estimated Cost: $75,000 2. Install, and remove when no longer needed, a temporary, fully traffic-actuated, traffic signal at the entrance to the LOP parking lot driveway on Pacj eco Boulevard. Estimated-Cost: $75,000 3. Install a new, fully traffic-actuated, traffic signal at the intersection of Marina Vista and Shell Avenue. Estimated Cost: $85,000 4. Install a new, fully traffic-actuated, traffic signal at the intersection of Pacheco Boulevard and-Shell Avenue. Estimated Cost: $90,000 5. Install a new, fully traffic-actuated, traffic signal at the intersection of Marina Vista and Interstate 680 (west ramps). Estimated Cost: $85,000 6. Install a new, fully traffic-actuated, traffic signal at the intersection of Marina Vista and Interstate 680 (east ramps). Estimated Cost: $85,000 7. Provide all equipment necessary to program the interconnect system including miscellaneous components, necessary to coordinate all of the new traffic signals on Marina Vista. Estimated Cost: $40,000 8. Install street lights at parking lot access points on both Marina Vista and Pacheco Boulevard. Estimated Cost: $10,000 — 9. Construct approximately 100-150 feet of center median barrier on Pacheco Boulevard just east of Shell Avenue. Estimated Cost: $5,000 F 10. Restripe Pacheco Boulevard between Morello Avenue and Howe Road to provide for two lanes of traffic in each direction with a continuous left turn lane near the - entrances to the Shell LOP lot. - Estimated Cost- $10,000 11. Widen Pacheco Boulevard between klorello Avenue and Howe Road to provide for the striping detailed in 10 above. Estimated Cost: $40,000 Page Total: $600,000 15,8 Contingencies (10%) $('01000 Sribtotal: $660,000 r . ENHMIT A SHELL OIL COMPANY COUNTY ORDINANCE CODE IMPROVEMEN r5 Description• 1. Widen Pacheco Boulevard to its ultimate configuration between Shell Avenue and Howe Road. Improvements shall consist of curb, gutter, and sidewalk along Pacheco Boulevard, as well as longitudinal drainage (both sides of Pacheco Boulevard), necessary transverse drainage, street lights, striping (thermoplastic), pavement markers, (no median island), rights of way and other minor works. Estimated Cost: $450,000 ti 2. Completely reconstruct the existing traffic signal at the intersection of Pacheco - Boulevard and Howe Road. Estimated Cost: $85,000 3. Provide rights of way and perform rough grading for the ultimate roadway section along the north side of Pacheco Boulevard between Wygal Drive and a point just east of Morello Avenue (Shell Oil Company frontages only). Estimated Cost: $15,000 Page Total: $550,000 Contingencies (10%): $55,000 Subtotal: $605,000 ESTIMATED COST SUMMARY Total Construction Cost (inc. contingencies) $1,2659000 — Design Costs 76,000 _ Contract Administration 100,000 GRAND TOTAL $1,4417000 END OF EXHIBIT A f W 159 (2) CLAIM ROATO OF SUPERVISORS OF COtM COM CWWr CALIFORNIA BCYV AMON Clain Against the county, ) lit£ TO CLhnV= October 18 ; 1983 kouting Endorsements, and ) The copy of this dominent mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) ,, Goverment Code:) ) given pursuant to Ooverrment code Sections 913 i 915.4. Please note the "Warning" below. Claimant: Lynn & Susan Worthington Attorney: Philip L. Pillsbury, Jr . •Pillsbury & Wilson - Address: 600 Montgomery St . , 44th Floor San Francisco, CA 94111 Amount: $271, 000. 00ppi Cpunt A i istrator By adeliv�eryyto�arrk on 9/15/83 Date 3�8c'eiv8d: September 15, 1983 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-rated Dom: 9/15/83 J.R. CII.SSM# Clerk, By 5Z ZZ, 2ty . Deputy II. FROM. County Counsel T0: of the Boa d of Supervisors (Check one only) ( ) This Claim ccaplies 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. T'he Board cannot act for 15 days (section 910.8) . ( ) Claim is not timely filed. Board should reject claim on g=onad that it was filed late. (5911.2) DAMM: 9 I � --Z JOW B. CSAOSF s County Counsel, By . Deputy II. BOARD C9 t By urAnimons vote of Supervisors present ' This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. mm: OCT 181983 J.R. OLSSM, clerk, , Deputy VAFdQ= (Gov't. C. 5913) Subject to certain exceptions, you have may six (6) months firm the date this notice was personally delivered or deposited in the mail to file-a court action on this claim. See Oovernment Code Section 945.6. You may seek the advice of any attorney of your dnice in connection with this.matter. If you want to anus It an attorney, you should do so imediately. FFM: Clark o County , County strator Attached are copies of the above Claim. WX notified the claimant of the Board's action on this Claim by mailing a copy of this document, and a nano thereof has been filed and endorsed on the Board's copy of this 160 Claim in accordance with Section 29703. w=. OCT 181983 J. R. o &EW, Clerk, bey F I L E DI r I J R. CiLSSON CLAIMANT' S NAME: Lynn and Susan Worthingt C'_C ?L,RD F SUPERVISOR, Co. CLAIMANT' S ADDRESS: 955 Kelley Court Lafayette, CA 94549 . TELEPHONE: (415) 562-8600 AMOUNT OF CLAIM: $ 271 , 000. 00 ADDRESS TO WHICH NOTICES ARE TO BE SENT: PHILIP L. PILLSBURY, JR. PILLSBURY & WILSON 600 Montgomery St. , 44th Floor San Francisco, CA 94111 DATE OF INCIDENT: Continuous damage to and including the present time LOCATION OF INCIDENT/DAMAGE: 955 Kelley Court Lafayette, CA 94549 HOW DID IT OCCUR: The City of Lafayette, and related public entities, maintained a storm drainage system that includes Reliez Creek. The storm drainage system in Reliez Creek has failed, so that damage to Claimant' s property has occurred, principally by erosion and undercutting of the bank at the rear of the home, causing landslide damage which has damaged structures and destabilized the land. DESCRIBE DAMAGE OR INJURY: The bank in the rear of our property has largely collapsed, removing a significant portion of our real property and endangering our structures and destabilizing our land. NAME OF PUBLIC EMPLOYEE (S) CAUSING INJURY OR DAMAGE, IF KNOWN: Unknown ITEMIZATION OF CLAIM (List items totalling amount set forth above) : Estimated Cost of Repair of the bank - $ 71 , 000. 00 Estimated Diminution in value for loss of creek bank - $100 , 000. 00 Damage to landscaping and structures - 1 $ 50 , 000. 00 Loss of use and enjoyment of the property - $ 50 , 000. 00 TOT $2710' 000. 00 161 Signed by or on behalf of Claimant PH L. PILLSBURY, JR. 068/2 CLAIM BOARD Cr SUPERVISORS OF CONTRA COSTA COD:TY, CALnMM HCARO ACTION Claim Against the County, ) V= Zp CLAnIAM October 18 , 1983 Pouting Endorsements, and ) The copy of this document mailed to you is your Board Action. (All Section ) netioe of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , G7mrnnent Code.) ) given pursuant to Government Code Sections 913 i 915.4. Please note the "Warning" below. Claimant: Hal & Fran Marsh Attorney: Philip L. Pillsbury, Jr . 'Pillsbury & Wilson - Address: 600 Montgomery St . , 44th Floor San Francisco, CA 94111 o�t0 $271, 000. 00ppi cpunt Ad�i istrator By adelivezyyto IIeN on 9115/83 Date Received: September 15, 1983 By mail, postmarked on I. FRCM: Clerk of the Board of Supervisors Zv: County Counsel Attached is a copy of the above-noted DATED: 9/15/83 J.R. OLSSON, Clerk, By . Deputy Vol I W 4 — II. PROM: County Counsel TO: of the Boa d of Supervisors (Check one only) ( ) This Claim airplies substantially with Sections 910 and 910.2. ( � ) This Claim FAIIS to carply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board carmt act for 15 days (Section 910.8) . ( ) Claim is not timely filed. Board should reject claim on ground that it was filed late. (5911.2) DATED: 9-I9-, JOHN B. CLAUSFTI, County Cou nsel, By . Deputy II. BOARD CKER unarumDus vote o Supervisors p t This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's order entered in its minutes for this date. DATED: OCT 1 81983 J.R. MSSON, Clerk, by rJJ11.1 . Deputy fARNIIM (Gov't. C. 6913) Subject to certain exoeptio ns, you have only six (6) months frau the date this notice was personally delivered or deposited in the mail to file'a court action on this claim. See Goverment Cade Section 945.6. You any seek the advice of any attorney of your dhoioe in c=action with this matter. If you want to consult an attor=ney, you should do so immediately. XV. VTCM: Clerk o County Counsel, County RMstrator Attached are copies of the above Claim. lie notified the Claimant of the Board's action an this Claim by mailing a appy of this document, and a 162 mam thereof has been filed and endorsed an the Hoard's oopy of this Claim in areordannoe with Section 29703. DAM: OCT 181983 J, R, Cg& minty ' Y r r : CLAIMANT' S NAME: Hal & Fran Marsh li r. C;„CN CLAIMANT' S ADDRESS: 995 Kelley Court fi=r; "'q�D SIPERVISOF, Lafayette, CA 94549 ` lG %rc_: TELEPHONE: (415) 930-9367 AMOUNT OF CLAIM: $ 271 , 000 . 00 ADDRESS TO WHICH NOTICES ARE TO BE SENT: PHILIP L. PILLSBURY, JR. PILLSBURY & WILSON 600 Montgomery St. , 44th Floor San Francisco, CA 94111 DATE OF INCIDENT: Continuous damage to and including the present time LOCATION OF INCIDENT/DAMAGE: 995 Kelley Court Lafayette, CA 94549 HOW DID IT OCCUR: The City of Lafayette, and related public entities, maintained a storm drainage system that includes Reliez Creek. The storm drainage system in Reliez Creek has failed, so that damage to Claimant' s property has occurred, principally by erosion and undercutting of the bank at the rear of the home, causing landslide damage which has damaged structures and destabilized the land. DESCRIBE DAMAGE OR INJURY: The bank in the rear of our property has largely collapsed, removing a significant portion of our real property and endangering our structures and destabilizing our land. NAME OF PUBLIC EMPLOYEE (S) CAUSING INJURY OR DAMAGE, IF KNOWN: Unknown ITEMIZATION OF CLAIM (List items totalling amount set forth above) : Estimated Cost of Repair of the bank - $ 71 , 000. 00 Estimated Diminution in value for loss of creek bank - $100 , 000. 00 Damage to landscaping and structures - $ 50 , 000. 00 Loss of use and enjoyment of the property - $ 50 , 000. 00 TOT $271 , 000. 00 Signed by or on behalf of Claimant 163 PHILIP L. PILLSBURY, JR. CLAIM BOARD OF SUPERVISORS OF CMTPRA COSTA C=.1 Y, SIA BOARD ACTION Claim _t the County,, ) DOTE TO CLAIMAM October 18, 1983 Flouting Endorsements, and ) Rte copy of this document mailed to you is your Board Action. (All Section ) Notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , Goverment Code.) ) given pursuant to Government Code Sections 913 a 915.4. Please note the "Warning" below. Claimant: William J . McCubbin Attorney: Alan M. Mayer 880 Las Gallinas , - - 'Address: San Rafael, CA 94903-3466 Amount: $450, 000. 00 Via Public Works Department By delivery to Clerk on 9/19183 Date Reoeived:September 19, 1983 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim. /f DATED: 9/19/ 8 3 J.R. O1,SS0N, Clerk, Deputy K611 R. �alhoun II. FROM: County Counsel 70: Clerk of the Board of Supervisors (Check one only) ( � ) This Claim complies substantially with Sections 910 and 910.2. ( ) This Claim FA= to Comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8) . ( ) Claim is not timely filed. Board should reject claim on ground that it was filed late. (§911.2) DATED: (q•q'J JOHN B. CUUIM, County ODwuml, By 1 . Deputy III. BCAFO ORDER By unanimous vote of Supervisors present This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correctof the Board's Order entered in its minutes for this date. 7 DATED: OCT 18 19g3 J.R. CLSSONO clerk, by ,�, Deputy (Gov't. C. 6913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file-a court action on this claim. See Government Code Section 945.6. You may seek the advice of any attorney of your choice. in connection with this matter. If you want to consult an attorney, you should do so immediately. IV. FROM: Clerk of the Board 70: County Counsel, 2 County XEMstrator Attached are copies of the above Claim. We notified the claimant of the Board's action on this Claim by mailing a copy of this document, and a mend thereof has been filed and endorsed an the Board's copy of this 1,64 Claim in accordance with Section 29703. - DATED OCT 18 1983 J. R. CLS", Clerk, JC" pY�'� Deputy RAlan Matthew Mayer SEP 11983 ATTORNEY AT LAW 880 LAS GALLINAS PUK-le WORKS UEPARTMENI SAN RAFAEL,CALIFORNIA 94903 (4151479.1053 August 31 , 1983 F I L County of Contra Costa Department of Public Works 651 Pine J e. oucra Martinez, Ca. ITr v CLEnY RD G.'^, U OISORS 6 Re: Claim for Property Damage Gentlemen : You are hereby notified that William J. McCubbin, owner of the real property at 1086 Marguerite Court, Lafayette, California 94549 , claims damages from the County of Contra Costa in an amount presently unknown, but believed to be in excess of $450,000.00. This claim is based upon damages to the real property and improvements thereon, commonly known as 1086 Marguerite Court, Lafayette, California, which real property and improvements are owned by Mr . McCubbin, resulting from failure of the County of Contra Costa to properly build , maintain and repair the roadway commonly known as Marguerite Court, directly downhill from Mr . McCubbin' s house. With respect to said negligent failure to build , maintain and repair said street, the County of Contra Costa failed to provide support for the hillside above it, and allowed the scheme of support for said hillside to deteriorate in such a manner as to slide down and damage Mr . McCubbin' s property. It is unknown when Marguerite Court was built, planned and/or maintained by the County of Contra Costa, however , it was not reasonably discoverable. by Mr . McCubbin until on or after March 1983 , at which time the hillside immediately behind Mr . McCubbin' s property and on his property slid and was damaged. The names of the public employees causing Mr . McCubbin' s damages are unknown at this time. The amount claimed , estimated as of the date of presentation of this claim, is based upon the estimated cost of repair of said, hillside and the replacement of improvements upon Mr . McCubbin' s property, and is in an amount in excess of $450,000.00. The exact amount is currently unknown . 165 County of Contra Costa August 31 , 1983 Page Two All notices and other communications with regard to this claim should be sent to Mr . McCubbin, care of his attorney, Alan M. Mayer , 880 Las Gallinas, San Rafael , California 94903-3466 . Very truly yours, ��_ ALAN M. MAYER AMM: sr 166 1 - CLAIM BOARD CP SLVEwISORS OF alaRA conA CW.Vy, CALMPOFOTIA DOM ACTION Claim Against the 0ounty, ) IQ= 70 C LAIMAIU October 18 , 1983 Fouting Endorsements, and ) The copy of this document maims—to you is your Board Action. (All Section ) notice of the action taken on yaw claim by the references are to California ) Board of Supervisors (Paragraph III, below) , 67verrment Code.) ) given pursuant to aoveasteat Code Sections 913 i 915.4. Please note the "Warning" below. C' im nt: Harry Locklin Attorney: Philip L. Pillsbury, Jr . 'Pillsbury & Wilson Address: 600 Montgomery St . , 44th Floor San Francisco, CA 94111 Amount: $271, 000. 00 pi COunt A i istrator By adeliv to ea on 9/15/83 Date Received: September 15, 1983 By mail, postmarked on I. F M: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted DA=: 9/15/83 J.R. OLSSON, Clerk, , Deputy II. FIM: County Counsel 70: Clerk of the Board of Supervisors (Check one only) ( ) This Claim oamplies substantially with Sections 910 and 910.2. ( x) This Claim FAILS to amply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8) . ( ) Claim is not timely filed. Board should reject claim on ground that it was filed late. (5911.2) DAM D- 5- /1--� 3 JOHN B. aAUSEN. County Counsel, By Deputy III. BOARD ORDER By u OMEus vote of Supervisors presAnt This claim is rejected in full. ( ) This claim is rejected in full because it was rot presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED: OCT 18 lqa� J.R. OLMM, Clarke by . Deputy 14XTV= (aov't. C. 5913) Subject to certain axneptionse you have only six (6) months from the date this notioe was personally delivered or deposited in the mail to file-acourt action an this claim. See Oovertment Code Section 945.6. You may seek the advice of any attorney of your choice in connection with this mattes. If you want to consult an attorneys you should do so Immediately. FROM: Clerk o ty Clzraelo 2County stsator Attached are Copies of the above ClaimWe notified the claimant of the Board's action an this Claim by mailing a copy of this document, and a memo thereof has been filed and endorsed an the Board's copy of this 167 Claim in accordance with Section 29703. DA=: OCT 18 1SA-1 a. R. OL5.9W* Clarke 9C/ Deputy L. E D , F. 1;L55GPJ CLAIMANT' S NAME: Harr Locklin c :: a.eo G S PePVISGH Y c �. CLAIMANT'S ADDRESS: 956 Reliez Station Lane Lafayette, CA 94549 TELEPHONE: (4 15) 284-4805 AMOUNT OF CLAIM: $ 271 , 000 . 00 ADDRESS TO WHICH NOTICES ARE TO BE SENT: PHILIP L. PILLSBURY, JR. PILLSBURY & WILSON 600 Montgomery St. , 44th Floor San Francisco, CA 94111 DATE OF INCIDENT: Continuous damage to and including the present time LOCATION OF INCIDENT/DAMAGE: 956 Reliez Station Lane Lafayette, CA 94549 HOW DID IT OCCUR: The City of Lafayette, and related public entities, maintained a storm drainage system that includes Reliez Creek. The storm drainage system in Reliez Creek has failed, so that damage to Claimant' s property has occurred, principally by erosion and undercutting of the bank at the rear of the home, causing landslide damage which has damaged structures and destabilized the land. DESCRIBE DAMAGE OR INJURY: The bank in the rear of our property has largely collapsed, removing a significant portion of our real property and endangering our structures and destabilizing our land. NAME OF PUBLIC EMPLOYEE (S) CAUSING INJURY OR DAMAGE, IF KNOWN: Unknown ITEMIZATION OF CLAIM (List items totalling amount set forth above) : Estimated Cost of Repair of the bank - $ 71 , 000. 00 Estimated Diminution in value for loss of creek bank - $100 , 000 . 00 Damage to landscaping and structures - $ 50, 000. 00 Loss of use and enjoyment of the property - $ 50, 000. 00 TOTAL: $271 ,000. 00 Signed by or on behalf of Claiman PHILIP L. PILLSBURY, JR. 068/2 168 CLAIM Savo OF SUPERVISORS OF CMMA COSTA COU.TY, CAI.IF'O=A BOARD ALMON Claim Against the City, ) "M TO CLAn0m October 18 , 1983 3buting Endorsements, and ) Doe o*y of this docunent mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , poveTnnent Code.) ) given pursuant to Goverment Code Sections 913 i 915.4. Please note the "Warning" below. Claimant: Aaron & Carol Johnson Attorneys Philip L . Pillsbury, Jr . •Pillsbury & Wilson Address: 600 Montgomery St . , 44th Floor San Francisco, CA 94111 ornt0 $271, 000. 00 VVi Cpunt Adi istrator By �eliveryyto Clerk on 9/15/83 Date Pe0eiv9d° September 15 , 1983 By mail, postmarked on I. FFCM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted Claim. DATED: 9/15/83 J.R. OLSSON, Clerk, By. . Deputy Val 1 IT r I. FROM: County Counsel 70: CYevk of of Supervisors (Check one only) ( ) This Claim carplies substantially with Sections 910 and 910.2. ( x ) This Claim FAILS to amply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board canmot act for 15 days (Section 910.8) . ( ) Claim is not timely filed. Board should reject claim on ground that it was filed late. (5911.2) DATED: JOHN B. CSALSENt County Counsel, BY . Deputy II. BGARD CFS By unan mous vote o Supervisors p t ( This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Hoard's Osler entered in its minutes for this date. DATED: OCT 1 1983 J.R. CLSsm, Clerk, . Deputy `ARMIc (Qv't. C. 5913), Subject to certain exoeptions, you have may six (6) months from the date this Mice was personally delivered or deposited in the taail to file-a court action: on this claim. See 07mrrment Code Section 945.6. You any seek the advice of any attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so mediately. FTCM. Clark o County Counsell County strator Attached are copies of the above Claim. We notified the claimant of the Board's action can this Claim by mailing a copy of this do=mt, and a mesc thereof has been filed and endorsed on the Hoard's copy of this Claim in accordance with SecUoan 29703. 169 Dam: OCT 18 N3 J. a. CUS N, clerk, Deputy FCLAIMANT' S NAME: Aaron & Carol Johnson L CLAIMANT'S ADDRESS: 989 Kelley Court JtE� Lafayette, CA 94549 J. R. OLSSON TELEPHONE: (415) 944-912 CLERK ARD OF SUPERVISORS O TP ST CO. eput AMOUNT OF CLAIM: $ 271 ,000. 00 ADDRESS TO WHICH NOTICES ARE TO BE SENT: PHILIP L. PILLSBURY, JR. PILLSBURY & WILSON 600 Montgomery St. , 44th Floor San Francisco, CA 94111 DATE OF INCIDENT: Continuous damage to and including the present time LOCATION OF INCIDENT/DAMAGE: 989 Kelley Court Lafayette, CA 94549 HOW DID IT OCCUR: The City of Lafayette, and related public entities, maintained a storm drainage system that includes Reliez Creek. The storm drainage system in Reliez Creek has failed, so that damage to Claimant' s property has occurred, principally by erosion and undercutting of the bank at the rear of the home, causing landslide damage which has damaged structures and destabilized the land. DESCRIBE DAMAGE OR INJURY: The bank in the rear of our property has largely collapsed, removing a significant portion of our real property and endangering our structures and destabilizing our land. NAME OF PUBLIC EMPLOYEE (S) CAUSING INJURY OR DAMAGE, IF KNOWN: Unknown ITEMIZATION OF CLAIM (List items totalling amount set forth above) : Estimated Cost of Repair of the bank - $ 71,000. 00 Estimated Diminution in value for loss of creek bank - $100 ,000. 00 Damage to landscaping and structures - $ 50,000 . 00 Loss of use and enjoyment of the property - $ 50, 000. 00 TOT 271 , 000. 00 Signed by or on behalf of Claimant PH PILLSBURY, JR. 170 CLAIM BOARD Cp SLTP'E WL90M CF CCtMA COSTA W-Y.*7Y, CA1IF0NT1A BOARD ACTION Claim Against the pountyr ) IV= Zp CZAIKM October 18 , 1983 Luting Endorsermnts, and ) 2he copy of this domuent mail m you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Boaof Supervisors (Paragraph III, below) , Goverment Code.) ) given pursuant to Government Code Sections 913 i 915.4. Please note the "Warning" below. Claimant: George Latter Attorney: Philip L . Pillsbury, Jr . 'Pillsbury & Wilson Address: 600 Montgomery St . , 44th Floor San Francisco, CA 94111 Amount: $271, 000. 00 pp Cpunt A i istrator By adeliveryyto�er�c on 9/15/83 Date ?amivEd: September 15 , 1983 By mail, postmarked on I. FXH: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted DATED: 9/15/83 J.R. MESON Clerk, , Deputy II. FRX: County Counsel 70: erk of of Supervisors (Check one only) ( ) This Claim complies substantially with Sections 910 and 910.2. (I ) This Claim FAILS to =rely substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8) . ( ) Claim is not timely filed. Board should reject claim on ground that it was filed late. (5911.2) DATED: y- /f-Y5 JOIE B. CIAUMN, Colony Counsel, By , Deputy II..` BOARD C&� Luan By smous vote o Supervisors pre t ( �Q This claim is rejected in full. ( , )` This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED: OCT 1814Ri J.R. mssm, Clark, by . Deputy MATOIlrG (Gov't. C. $913) Subject to certain exceptions,, you have only six (6) months from the date this nOtioe was personally delivered or deposited in the moil to file-a court action On this claim. See Goverrment Code Section 945.6. You any seek the advice of any attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so 3uediately. XV. HM: Clerk O ty Munsele 2 County 11 31117 strator Attached are copies of the above Claim. We notified the claimant of the Board's action an this Claim by mailing a copy of this document, and a 1 1 memo thereof has been filed and endorsed on the Board's of this Claim in a000rdaim with Section 29703. DAZE: OC___ T 1 81983---. R. CLESM, Ciera, by FEY CLAIMANT'S NAME: George Latter c CLAI14ANTI S ADDRESS: 943 Kelley Court J. P- OLS O'N Lafayette, CA 94549 CLERKPtARD cE SUPERVISORS c , I P:.a TELEPHONE: (415) 935-0158 AMOUNT OF CLAIM: $271 ,000 . 00 ADDRESS TO WHICH NOTICES ARE TO BE SENT: PHILIP L. PILLSBURY, JR. PILLSBURY & WILSON 600 Montgomery St. , 44th Floor San Francisco, CA 94111 DATE OF INCIDENT: Continuous damage to and including the present time LOCATION OF INCIDENT/DAMAGE: 943 Kelley Court Lafayette , CA 94549 HOW DID IT OCCUR: The City of Lafayette, and related public entities , maintained a storm drainage system that includes Reliez Creek. The storm drainage system in Reliez Creek has failed, so that damage to Claimant ' s property has occurred, principally by erosion and undercutting of the bank at the rear of the home, causing landslide damage which has damaged structures and destabilized the land. DESCRIBE DAMAGE OR INJURY: The bank in thesrear of bur property has largely collapsed, removing a '.significant portion of our real property and endangering our structures and destabilizing our land. NAME OF PUBLIC EMPLOYEE (S) CAUSING INJURY OR DAMAGE, IF KNOWN: Unknown ITEMIZATION OF CLAIM (List items totalling amount set forth above) : Estimated Cost of Repair of the bank - $ 71 , 000. 00 Estimated Diminution in value for loss of creek bank - -$1001000 . 00 Damage to landscaping and structures - :$ 50 ,000. 00 Loss of use and enjoyment of the property - $ 50,000 . 00 OTAL: >$271 ,000. 00 Signed by or on behalf of Claimant _ PHILIP L. PILLSBURY, JR. 172 CLAIM ROAM OF SUPERVISORS OF OMTTRA COSTA COENrY. CALIF RUA BOhM ACTION ('Maim Against the C=ty, ) H= TO CLAZ1Ow October 18 , 1983 Routing Endorsements, and ) The copy of this doc�sresrt mai to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, belga) , Oovernment Code.) ) given pursuant to Wves-rment Code Sections 913 i 915.4. Please note the "Warning" below. Claimant: Mao and Doris Lin Attorney: Philip L. Pillsbury, Jr . 'Pillsbury & Wilson - Address: 600 Montgomery St . , 44th Floor San Francisco, CA 94111 Amolait: $271, 000. 00 Vpi cpunt AiRi istrator By ade2iv+eryyto Llerrx on 9/15/83 Late eceived' September 15, 1983 By mail, postmarked on I. FRAM: Clerk of the Hoard of Supervisors TO: County Counsel Attached is a copy of the above-noted i1=: 9/15/83 J.R. CfISSON, Clerk, , Deputy II. FROM: County Counsel TO: Clerk of the Boa d of Supervisors (Check one only) ( ) This Claim omplies substantially with Sections 910 and 910.2. (� ) This Claim FAIIS to oily substantially with Sections 910 and 910.2, and we / are so notifying claimant. The Board cannot act for 15 days (Section 910.8) . ( ) Claim is not timely filed. Board should reject claim on ground that it was filed late. (5911.2) LATER: `I. ,5- ZL.3, JOHN B. CLAU=r County Counsel, By , Deputy III. BOARD By vote O Supervisors t -4p<C This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct noP5' f the Board's Order entered in its minutes for this date. DATM: OCT 18 1983 J.R. CESSOia, Clerk, by , Deputy 1 ((bv't. C. 5913) Subject to certain oweptions, you have only six (6) acnths fram the slate this notice was personally delivered or deposited in the mail to file-a court action an this claim. See Ouvern ent Code Section 945.6. You may seek the advice of any attorney of your deice in connection with this matter. If you want to consult an attorney, you should do so immediately. PCR: Clark o C=ty Oxrmelo Coamtystrator Attached are copies of the above Claim. Ne notified the Claimant of the ' Board's action an this Claim by mailing a copy of this document, and a 173 mem thereof has been filed and endorsed an the Board's appy of this Claim in accordance with Section 29703. DXM: OCT 18 1983 J. a a&qM, Cleric, byZZL2Lty CLAIMANT' S NAME: Mao and Doris Lin CLAIMANT' S ADDRESS : 981 Kelley Court F LS, Lafayette, CA 94549 TELEPHONE: (415) 935-139 J. R. CMGs l CLERb' 6OAPD OP SUPERVISCRS AMOUNT OF CLAIM: $271 , 000. 00 ^r T o a Co. ✓ Y`y ADDRESS TO WHICH NOTICES ARE TO BE SENT: PHILIP L. PILLSBURY, JR. PILLSBURY & WILSON 600 Montgomery St. , 44th Floor San Francisco, CA 94111 DATE OF INCIDENT: Continuous damage to and including the present time LOCATION OF INCIDENT/DAMAGE: 981 Kelley Court Lafayette , CA 94549 HOW DID IT OCCUR: The City of Lafayette , and related public entities, maintained a storm drainage system that includes Reliez Creek. The storm drainage system in Reliez Creek has failed, so that damage to Claimant' s property has occurred, principally by erosion and undercutting of the bank at the rear of the home, causing landslide damage which has damaged structures and destabilized the land. DESCRIBE DAMAGE OR INJURY: The bank in the rear of our property has largely collapsed, removing a significant portion of our real property and endangering our structures and destabilizing our land. NAME OF PUBLIC EMPLOYEE (S) CAUSING INJURY OR DAMAGE, IF KNOWN: Unknown ITEMIZATION OF CLAIM (List items totalling amount set forth above) : Actual Cost of Repair of the bank - $ 71 , 000. 00 Estimated Diminution in value for loss of creek bank - $100 , 000 . 00 Damage to landscaping and structures - $ 50 , 000. 00 Loss of use and enjoyment of the property - $ 50 , 000. 00 T AL: 71 ,000. 00 Signed by or on behalf of Claim PH L. PILLSBURY, JR. .174 CLAIM BOARD or S[JPF•R MSOM OF M TTRA CXTA CC@TY, CAI.1MM71A BCAM ACTION Claim Against the Oounty, ) 90TE TO Q UMANT October 18 , . 19 8 3 Pouting Endorsements, and ) The copy of this mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California j Board of Supervisors (Paragraph III, below) , Government Code.) ) given pursuant to Gnmrment Code Sections 913 i 915.4. Please note the "Nrarning" below. Claimant: Ed and Ede Donnell Attorney: Philip L. Pillsbury, Jr . •Pillsbury & Wilson Address: 600 Montgomery St . , 44th Floor San Francisco, CA 94111 �t0 $271, 000. 00i cpunt Ad�ei istrator iadeliveryyto IIrr j, on 9/15/83 Date Aeoeived: September 15, 1983 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors 70: Oounty Oounsel Attached is a copy of the above-noted ClaW DATED: 9/15/83 J.R. CUSON, Clerk, By , Deputy II. FROM: County CounselT0: Clerk o o Supervisors (Check one only) ( ) This Claim =rplies substantially with Sections 910 and 910.2. This Claim FAILS to =ply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8) . ( ) Claim is not timely filed. Board should reject claim on gra--d that it was filed late. (5911.2) DATED: CL_! q3 JOHN B. CIAUSENt County Counsel, By . Deputy III. BOARD ONER By unanimous vote of Supervisors present (� This claim is rejected in full. ( 1 This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct vopyf the Board's Order entered in its minutes for this date. nxw: OCT 181983 J.R. OLSSCN# Clerk, Deputy IQ4ta M (Gbv't. C. $913) Subject to certain exoepticns, you have only six (6) months from the elate this notice was personally delivered or deposited in the mail to file-a court action o1 this claim. See Ovverrment Code Section 945.6. You my seek the advice of any attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so imredi.ately. IV. VXM: Clerk o Ommty , County Administrator Attached are copies of the above Claim. lfe notified the claimant of the Board's action an this Claim by mailing a copy of this document, and a metro thereof has been filed and endorsed on the Board's of this 175 Claim in accordance with Section 29703. DATED: OCT 1 R 1983_`. R. 128", Cl2&rk, by C�Deputy r i CLAIMANT'S NAME: Ed and Ede Donnell F L E CLAIMANT' S ADDRESS: 975 Kelley Court11/ SE; Lafayette, CA 94549 J. F. 01ssoN SUPERVi50P.i TELEPHONE: (415) 937-403 "'R' 'R cE AMOUNT OF CLAIM: $ 271 ,000. 00 ADDRESS TO WHICH NOTICES ARE TO BE SENT: PHILIP L. PILLSBURY, JR. PILLSBURY & WILSON 600 Montgomery St. , 44th Floor San Francisco, CA 94111 DATE OF INCIDENT: Continuous damage to and including the present time LOCATION OF INCIDENT/DAMAGE: 975 Kelley Court Lafayette , CA 94549 HOW DID IT OCCUR: The City of Lafayette, and related public entities, maintained a storm drainage system that includes Reliez Creek. The storm drainage system in Reliez Creek has failed, so that damage to Claimant' s property has occurred, principally by erosion and undercutting of the bank at the rear of the home, causing landslide damage which has damaged structures and destabilized the land. DESCRIBE DAMAGE OR INJURY: The bank in the rear of our property has largely collapsed, removing a significant portion of our real property and endangering our structures and destabilizing our land. NAME OF PUBLIC EMPLOYEE (S) CAUSING INJURY OR DAMAGE, IF KNOWN: Unknown ITEMIZATION OF CLAIM (List items totalling amount set forth above) : Estimated Cost of Repair of the bank - $ 71 , 000 . 00 Estimated Diminution in value for loss of creek bank - $100 , 000 . 00 Damage to landscaping and structures - $ 50 , 000 . 00 Loss of use and enjoyment of the property - $ 50 ,000. 00 TOT $271 ,000. 00 Signed by or on behalf of Claima "TTTgnLI. PILLSBURY, JR. 176 IqCLAIM BOARD OF SUPE 71SORS OF CMM CTA C=We e CAL IYaWIA BOARD ACTION Claim Against the County, ) sm TO CLAZI= October 18 , 1983 Routing Endorsements, and ) 7he copy of this document mai ed to you is your board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , Gvvertsnent Code.) ) given pursuant to Government Code Sections 913 ? i 915.4. Please note the "MmUng" below. Claimant: Stanley L . & Cathyann L . Sizeler Attorney: Philip L. Pillsbury, Jr . -Pillsbury &Wilson - - Address: 600 Montgomery St . , 44th Floor San Francisco, CA 94111 Amount: $271, 000. 00 ppi cpunt Admi istrator By�eliveryyt o Cleat on 9/15/83 Date Received: September 15, 1983 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim D,'1'ED: 9/15/83 J.R. CESSCN, Clerk, , Deputy II. FROM: County Counsel TO: C17etk o of Supervisors (Check one only) ( ) This Claim complies substantially with Sections 910 and 910.2. ( �) This Claim FAILS to =rely substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (section 910.6) . ( ) Claim is not timely filed. Board should reject claim on ground that it was filed late. (5911.2) DATID: �'/ /q ' JOHN B. CLADSM, County Counsel, By , Deputy II. BOARD ORDER By unanimous vote of Supervisors presen (/)\ This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED: OCT 181983 J.R. C.SSM, Clerk, qty MhR M;G (Gov't. C. 5913) Subject to certain exceptions, you have only six (6) months from the date this notice waw personally delivered or deposited in the mail to file-a court action: on this claim. See Govenment Code Section 945.6. You may seek the advice of any attorney of your deice in connection with this matter. If you want to =walt an attorney, you should do so i=wd ately. IV. 17CM: Clark o County County Administrator Attached are copies of the above Claim. We notified the claimant of the Board's action on this Claim by mailing a copy of this document, and a nam thereof has been filed and endorsed on the Hoard's of this 177 Claim in a000zdanoe with Section 29703. DATED: OCT 181983 J, R. m&cw, cClark, by CLAIMANT' S NAME: Stanley L. & Cathyann L. Sizeler CLAIMANT' S ADDRESS: 3172 Bradena Lane Lafayette, CA 94549 TELEPHONE: (415) 938-0158 AMOUNT OF CLAIM: $ 271 , 000. 00 ADDRESS TO WHICH NOTICES ARE TO BE SENT: PHILIP L. PILLSBURY, JR. PILLSBURY & WILSONell 600 Montgomery St. , 44th Floor San Francisco, CA 94111 DATE OF INCIDENT: Continuous damage to and including the present time LOCATION OF INCIDENT/DAMAGE: 3172 Bradena Lane Lafayette, CA 94549 HOW DID IT OCCUR: The City of Lafayette, and related public entities, maintained a storm drainage system that includes Reliez Creek. The storm drainage system in Reliez Creek has failed, so that damage to Claimant' s property has occurred, principally by erosion and undercutting of the bank at the rear of the home , causing landslide damage which has damaged structures and destabilized the land. DESCRIBE DAMAGE OR INJURY: The bank in the rear of our property has largely collapsed, removing a significant portion of our real property and endangering our structures and destabilizing our land. NAME OF PUBLIC EMPLOYEE (S) CAUSING INJURY OR DAMAGE, IF KNOWN: Unknown ITEMIZATION OF CLAIM (List items totalling amount set forth above) : Estimated Cost of Repair of the bank - $ 71 , 000 . 00 Estimated Diminution in value for loss of creek bank - $100,000. 00 Damage to landscaping and structures - $ 50 , 000 . 00 Loss of use and enjoyment of the property - $ 50 , 000. 00 TO $271 , 000. 00 Signed by or on behalf of Claima P L. PILLSBURY, JR. 178 CLAIM BCAFo CF SMg7VMn OF COMA COSTA C07=r C�►LIFORJIA BMM ACTION Claim Against the County, October 18 , 1983 Routing Endorsements, and ) The copy of this document mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , Government Code.) ) given pursuant to Government Code Sections 913 & 915.4. Please note the "Warning" below. Claimant: William J . Detmer Attorney: Alan M. Mayer 880 Las Gallinas - - Address: San Rafael, CA 94903-3466 Amount: $450, 000. 00 Via Public Works Det . By delivery to Clerk 69 9/19/83. Date Received: September 19, 1983 By mail, postmarked on I. FRCM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim. DATED. 9/19/83 J,R. MZSCN, Clerk, C��1.2/� Deputy e y /K. CaInoun II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check one only) ( ) This Claim omplies substantially with Sections 910 and 910.2. 1 ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8) . ( ) Claim is not timely filed. Board should reject claim on ground that it was filed late. (§911.2) DAIED G -I y- JOHN B. CLAUSEN, County Counsel, By - , Deputy III. BCAFO CF0ER By unanimous vote of Supervisors present ( This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Cider entered in its minutes for this date. DATED: OCT 1 8 1983 J.R. M SSCN, Clerk, Zz�/./ , Deputy MA10M%G (Gov't. C. 5913) Subject to certain wmeptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file-a court action an this claim. See Government Code Section 945.6. You may seek the advice of any attorney of your Brice in connection with this matter. If you want to consult an attorney, you should do so immediately. IV. FRCM: Clerk of the Board TO: County Cmrzelg 2 Countystrator Attached are copies of the above Claim. Ne notified the claimant of the Board's action on this Claim by mailing a copy of this document, and a merro thereof has been filed and endorsed an the Board's copy of this 1�� Claim in accordance with Section 29703. DATED: RT 181983 J. R. MESON, clerk, /r� 1 J FUR N � .Ilp Alan Matthew Mayer SEP 11983 ATTORNEY AT LAW 880 LAS GALLINAS PMIC WORKS DEPARTMENT SAN RAFAEL,CALIFORNIA 94903 (415)479.1053 August 31 , 1983 i L y County of Contra Costa Department of Public Works 651 Pine Martinez, Ca. Re: Claim for Property Damage Gentlemen: You are hereby notified that William J. Detmer , owner of the real property at 1090 Marguerite Court, Lafayette, California 94549 , claims damages from the County of Contra Costa in an amount presently unknown, but believed to be in excess of $450,000.00. This claim is based upon damages to the real property and improvements thereon, commonly known as 1090 Marguerite Court, Lafayette, California, which real property and improvements are owned by Mr . Detmer , resulting from failure of the County of Contra Costa to properly build , maintain and repair the roadway commonly known as Marguerite Court, directly downhill from Mr . Detmer' s house. With respect to said negligent failure to build , maintain and repair said street, the County of Contra Costa failed to provide support for the hillside above it, and allowed, the scheme of support for said hillside to deteriorate in such a manner as to slide down and damage Mr . Detmer' s property. It is unknown when Marguerite Court was built, planned and/or maintained by the County of Contra Costa, however , it was not reasonably discoverable by Mr . Detmer until on or after March 1983, at which time the hillside immediately behind Mr . Detmer' s property and on his property slid and was damaged. The names of the public employees causing Mr . Detmer' s damages are unknown at this time. The amount claimed , estimated as of the date of presentation of this claim, is based upon the estimated cost of repair of said hillside and the replacement of improvements upon Mr . Detmer' s property, and is in an amount in excess of $450,000.00. The exact amount is currently unknown. ISO County of Contra Costa August 31, 1983 Page 2 All notices and other communications with regard to this claim should be sent to Mr . Detmer , care of his attorney, Alan M. Mayer , 880 Las Gallinas, San Rafael , California 94903-3466. Verytrulyyours, ALAN M. MAYEER AMM: sr 181 CLAIM BOARD ap sUpEF VISMt,S OF COWRA COSTA COU:TY, CALIFMO IA BOARD ACTION Claim Against the C Unty, ) NWE 70 CLAIMANT October 18 , 1983 Routing Endorsements, and ) The copy of this document mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , Government Code.) ) given pursuant to_poverrment Code Sections 913 a 915.4. Please note the "Warning" below. Claimant: Marc Addison Berke Attorney: Michael A. Kelly, Esq . 650 California Street, 30th Floor - Address: San Francisco, CA 94108 Amount: $1, 000, 000. 00 By delivery to Clerk on Date Received: September 12, 1983 By mail, postmarked on afRrA� I. FFiOM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim. DATED: 9/12/83 J.R. O3sSONi, Clerk, , Deputy Kelly/R. Calhoun II. FROM: County Counsel T0: Clerk ofthe Board of Supervisors (Check one only) (� ) This Claim amplies substantially with Sections 910 and 910.2. (/ \ ) This Claim FAILS to amply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8) . ( ) Claim is not timely filed. Board should reject claim on it was filed late. (§911.2) DATED: -��/U� JOHN B. C[AUSENO County Counsel,, By • Deputy III. WARD ORDER By Dna Wwo- a vote ofSU sors present This claim is rejected in full. 7 ( ) This claim is rejected in full because it was not presented within the tine allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED: OCT 18 1983 J.R. mssw, Clerk, ZZ Y, . Deputy SING (Gov't. C. S913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file-a court action an this claim. See Government Code Section 945.6. You may seek the advice of any attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so i:anediately. FT M: Clerk of the Board TO: County , 2 County strator Attached are copies of the above Claim. Via notified the claimant of the Board's action on this Claim by mailing a copy of this docanent, and a mem thereof has been filed and endorsed on the Board's copy of this 182 Claim in accordance with Section 29703. HATED: OCT 181983 J. R. OLE", Clerk, CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA [Cal. Gov. Code §9101 TO THE GOVERNING BODY OF THE COUNTY OF CONTRA COSTA CLAIMANT'S NAME: Mr. Marc Addison Berke 11, CLAIMANT'S ADDRESS: 4017 La Cresta AvenueF Oakland, California 94602 H; /,? 1J33 AMOUNT OF CLAIM: $11000 ,000. 00 R. ou<at ADDRESS TO WHICH NOTICES ARE TO BE SENT: C.E" GOACu UPERVISORS c , Te A By .. Michael A. Kelly, Esq. Walkup, Downing, Shelby, Bastian, Melodia, Kelly & O'Reilly 650 California Street, 30th Floor San Francisco, California 94108 DATE OF ACCIDENT: June 23, 1983 HOW DID ACCIDENT OCCUR: Claimant was lawfully operating his ten- speed bicycle in a designated bicycle lane northbound on Moraga Way in unincorporated Contra Costa County on the above date. At or about 150 feet south of Oak Drive, claimant was caused to fall from his bicycle and became encumbered with debris and cables left on the roadway by agents and employees of the Contra Costa County Sanitation Department who were working in the proximity of the accident. The cause of the accident was the obstruction of the travel portion of the bike lane in the northbound direction due to cables and other debris being left on the roadway by Sanitation Department workers. Contra Costa County Sanitation Department workers failed to adequately warn and/or protect cyclists of the danger created by them by the use of signs, flagmen or other means. Said individuals were further negligent and careless in obstruction the travel portion of the northbound bike lane. Under the relevant portions of the California Government Code the County of Contra Costa is liable both on the basis of a dangerous condition of public property and on the basis of actionable negligence of its agents and employees in the course and scope of their employment. DESCRIPTION OF INJURY OR DAMAGE: Claimant sustained multiple fractures of his skull and resulting injury to his brain. NAME OF PUBLIC EMPLOYEE OR EMPLOYEES CAUSING INJURY OR DAMAGE, IF KNOWN: Precise identity of the Contra Costa County Sanitation Department workers employed on this date and working on this job are not now known to claimant or his attorneys. 183 CLAIM FOR DAMAGES -2- ITEMIZATION OF CLAIM: A. Medical Expenses to Date: $25,000.00 B. Lost Wages to Date : $7 ,000 .00 C. General Damages : $1,0001000. 00 Total $1, 032,000.00 Signed on Behalf of Claimant: By MICHAEL A. KEL WALKUP, DOWNING, SHELBY, BASTIAN, MELODIA, KELLY 6 O'REILLY Attorneys for. Claimant 184 CLAIM Bo RD OF SUPERVISORS OF COMM COSTA COU:TY, CALIF FOM BOARD ACTION Clain Against the County, ) MM 70 CLAIM= October 1B , 1983 Routing Endorsements, and ) 7he copy of this document mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , Gant Code.) ) given pursuant to Government Code Sections 913 & 915.4. Please note the "Warning" below. Claimant: Gregory D . Piearson (aka- Don Greene #287640) Attorney: Forsch and Maslan Attorneys at Law - - Address: 616 Dexter Horton Building Seattle, Washington 98104 Am=t: $215 . 00 By delivery to Clerk on Date Received: September 12, 1983 By mail, postmarked on 9/9/8 3 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-notedClaim. //��,, DATED: 9/12/83 J.R. OQSSON, Clerk, By C L:1VIV .,n--�uty Kellv X. Calhoun II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check one only) VThis Claim oanplies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8) . ( ) Claim is not timely filed. Board should reject claim on ground. it was filed late. (§911.2) DATED: 1y �S JOHN B. C AUSENI, County Counsel, By • Deputy II BOARD OFMM By unanimous vote of Supervisors present ( This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allaaed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED: OCT 18 1983 J.R. CQSSONI, Clerk, b; Deputy MAMM (Gov't. C. 6913) Subject to certain exceptions, you have only six (6) nonths fzun the date this notice was persopally delivered or deposited in the mail to file'a court action on this claim. See Government Code Section 945.6. You may seek the advice of any attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so Immediately. IV. FROM: Clerk o 70: County Counsel, 2 County NEMstrator Attached are copies of the above Claim. We ratified the claimant of the Board's action on this Claim by mailing a copy of this document, and a 185, mein thereof has been filed and endorsed an the Board's copy of this Claim in accordance with Section 29703. DATED: oc1 $�9a3 J. R. oma, �ty CLAIM. TO: BOkRD OF SUPERVISORS OF CONTRA COcT • t7*�Tyy 'f�rtur �r�li�ai appliCrllor,tp, instructions to Claimant Clerk of the Boar %. C. cox 911 N,ar!inez.California 94563 A. Claims =ela-inc to causes of action for death or _cr inDury to person or to personal property or growing crops must be presented not late= t:,an the 100th da_v after the accrual of the cause of action. Claims relating to any other cause of action must be vresented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106 , County Administration Building, 651 Pine Street, Martinez , California 94553. C. =f cla_r. is acai-st a district governed by tae Board of Supervisors , rather than the County, the name of the District should be filled in. D. if the C_aim is aaainst more than one public en-_i—"', sE aratE Clc� 'l5 *.:us- be filed acainst each public entity. E. `gaud. See penalty for fraudulent clai!ris , Pen-='- Code Sec. 72 at end of this form. RE: Clair. by ) Reserved��- for Clerk ' s fi g stamps Gregory D. Piearson (aka-Don Greene '!297640) ) Washington State Reformatory L E= Post Office Box 777, Monroe, Washington 98272 : Aga'ns- the COUNTY OF CONTRA COSTA) SEP ,7 153.3 Contra Costa County Jail ) Martinez Calif. 94553 T J. R. o�ssoP or D-STRICTI K BOARD O PERV ORS (:-111 in name) The undersigned claimant hereby makes claim acainst the County of Contra Costa or the above-named District in the sur,. of $ 215.00 ana in s::pport of this Claim represents as follows: --------------- ----.------------------------------------------=------- 1 . �Iher. dic -he--carnage or injury occur. .(Give exact_ date and hour) June 29, 1993 at 1:14p.m. Contra Costa County Jail, Martinez, CLIif. 94553 - - - ------------------------- rlJ 2. Were d�c the da.:;aae or ir,�ury -oc-cur--?-- (-Inc--lude city and county) Contra Costa County Jail, Martinez, Calif. 94553 3 -. How cid the damage or injury occur? (Give full details, .use extra sheets if required) During my incarceration in Contra Costa County Jail, Contra Costa County pers()nnel lost my personal clothing while staying in the jail, leaving me with only their jail cloth to wear and to travel in back to the Washington State Reformatory in Monroe, Washington. 9 . A'hat particular act or omission on the part o: county or district officers , servants or employees caused the iniury or damage? OfficerPalmer in charge of the property room at the time, took my clothes on arriveing to C.C.C.J., the clothing were tagged with #505 and put away. After 45 days, on returning to W.S.R. in Wash. where I arrived from., I went to pick my clothes. Officer Palmer looked for them but came back saying that they were missing. 1pt+erg 186 VIat ar.e . the. names of county or district officers , servants or emplovees. causinc the damace or injurv > ' Officer Valmer' 'in keeper of the property room at Contra Costa County Jail, in Martinez,,-Calif;. .94553 --------------------------------------------------------- E .. at damage or injuries do you claim resulted? (Give `ull extent of injuries or damages claimed. Attach two estimates for auto damage) Lost of personal clothing kept in the property room at the Contra Costa County Jail, in Martinez, Calif. 94553. ------------------------------------------ -------------------------------- 7 . How was the amount claimed above compu—ted? (Include t^e estimated amount of any prospective injury or damage. ) Lo.=.t articals: Coat: $110.00xhorts: 93.50/Socks: $2.50/Jordashe Jean: 155.00/7.Shirt:$5.00 all leat?:er Pumas tennis shoes: $49.00. --------------- S. Tames and addresses c= witnesses , doctors and hospitals . Officer Palmer Contra Ccsta County Jail Martinez, Calif. 94553 � .--List tale expenditures you 'lade on account O: tri-5 acc_aent Or in urv . J _ DATE 7-r.N -*'OUNT August 2`., 1983 Coat $90.00 August 28, 1983 Shoes $80.00 Govt. Code Sec. 910 . 2 provides : "The claim sicned by the claime END NOTICES TO: (Attorney) or by some peso- o- his behai: Name and Address of •Attorney �y1Ly�Qi{A n n.wi ���9fT:.9dr,ou-nc '----- Forsch and Yaslan 3 Claimant ' S S ignature Attorneys at Latta Post Office Box 777 6t Floor �ddres�s 616 Dexter Horton Building Monroe, 4.ashing on 98272 Black Prisoney Seattle, Washington 9^104 catt=tto Telephone No. (206) 682-6516 Telephone No. 794-8077 ext. 326 NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents For allowance c ° for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine , any false or fraudulent claim, bill , account , vouc or writing, is guilty of a felony. " 187 � $'x n 2.. ,�.-sem .Ic3.��¢.•,n 2Ls� .JI511,CONTRA COSTA COUNTY DETENTION FACILLTY -�.. CLOTHING RECEIPT_ -Yy.•}y+fV r.{'f?aryntl .t.++- +•�{+M�g�•.'•l�Y�-w��Cs•".+ • ,, ..06!29/8 DATE i x .011 y g ' TIMF�r e- � '�•+a�P.t 'r�'fi. :,lz 7�1���'� t F: .. ,� t ♦ � � ' PIEARSON GREGORY DELOYD - z NAME (L,F,M)` 011824J01/1�/S9 BOOKING NBR ti K CLOTHIHc. y ANTS- 71 �77- COAT �9 HOES. SHIRT `' SHORTS;, AT SWEATER GLOVES BI1T: � �`r r [ IE } r T k.y r �r,• '-��3 r *' r.Yra1. ' v �c .F.^.+♦ A+P 4'.r�.F^"� .+'r+—_ zt- n.•t rT' . � nom.'c"�'S}�hi'y�"�+�cYb�.� .r�`. ?t+• �^SA�,� � -'S"•. � A r + • _ .._ I INTAKE''^ �ice`' ='z�`"�.-. �. ��--- �, �. °p.��'c-''��.,, - ',�`_ "'�-•-_... . . OTHE rCLH s 1!" INMATE X t Cff����� rey� nx�) > !�. �y'�.r....•s�'�t ,.�i�� �1. .s. w'Y---s �TWGre•.�c`�1 z t,• aoT}IiNc /^� w CLOTHI EED �� `� LJ - v RECEIVED AllAW CLOTHI G `It�MAlE �t� _ 0! "�+-'fie 3iisi-�'�'�`•'.r' .'`_ _ 188 CLAIM BCS OF SUPERVI90RS OF CONTRA COSTA COO:TY, CALIFUOTIA Bohm ACTION Claim t the Cocaty, ) "WE TO CLAZrAW October 18, 1983 Against Luting Endorsements, and ) The copy of this document mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , Government Code.) ) given pursuant to Government Code Sections 913 a 915.4. Please note the *Warning" below. Claimant: Lester L. Simpson & Helen J . Simpson Attorney: Law Offices of • Kletz & Moll Address: 5315 College Avenue Oakland, CA 94618 Amount: $3500000. 00 By delivery to Clerk on Date Received: September 15 , 1983 By mail, postmarked on (9/13/83) I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim. DAM: 9/15/83 J.R. OLSSON, Clerk, Deputy e y Calhoun II. FRCM: County Course TO: Clerk of the Board of Supervisors (Check one only) ( ) This Claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to eonply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8) . ( ) Claim is not timely filed. Board should reject claim on ground that it was filed late. (§911.2) Except as to claims.of damage to real property. DATED: JOHN Be CL VJSEN, County Counsel► By C r Deputy III. BOARD By unanimous vote of Sopeivisors present ( )) This claim is rejected in full. ( X) This claim is rejected in full because it was not presented within the time allowed by law. &cFvf 6?,1 fo c/c/a rove I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED: OCT 18 1983 J.R. CLSSON, Clerk, , Deputy WARNIM (( ov't. C. 5913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to fi.le'a court action on this claim. See mverrment Code Section 945.6. You nay seek the advice of any attorney of your choice in eornection with this matter. If you want to consult an attorney, you should do so Immediately. We FRCM: Clark of the Board TO: County Counsel, 2 County 01 strator Attached are copies of the above Claim. lb notified the claimant of the Board's action on this Claim by mailing a copy of this document, and a memo thereof has been filed and endorsed an the Board's copy of this 189 Claim in accordance with Secticn 29703. nAMM: OCT 18 1983 J. R. M6S N, Clerk, Deputy LAW OFFICES OF KLETZ & MOLL HARVEY MICHAEL KlET2 TELEPHONE LAWRENCE ELLIOT MCI— 5315 COLLEGE AVENUE (415) 655-7141 OAKLAND, CALIFORNIA 94618 1 September 13, 1983 F Q J County of Contra Costa OL-: N 651 P ine Street CLERK ::U 07 SUPERVISORS P.O. Box 911 <$ __ IR GO ....Deputy Martinez, CA 94553 Claim for Damages Against County of Contra Costa Lester L. Simpson and Helen J. Simpson hereby make claim against the County of Contra Costa for the sum in excess of $350 , 000 . 00 and make the following statements in support of their claim: 1 . Claimants ' address if 39 Brookdale Court, Lafayette, California, 94549 . 2.. Notices concerning this claim should be sent to Alan Matthew Mayer and Harvey M. Kletz , attorneys for claimants, at the above address. 3. The date and place of the occurrences giving rise to the claim are commencing on or about March, 1983, and currently continuing in the vicinity of claimants ' property at 39 Brookdale Court in Lafayette, CA. 4 . This claim arises due to the negligence of the County of Contra Costa in the design, construction, maintenance and re- pair of storm drainage systems, roads and other improvements in the vicinity of claimants ' property which resulted in the diver- sion of surface water and waters from natural watercourses, in- cluding, but not limited to Las Trampas Creek, causing the escape of material from steep slopes onto the property of claimants. Further, the County of Contra Costa maintained and managed dan- gerous conditions on public property which caused water, earth and other material to flow onto claimants ' property resulting in a public taking of property by way of inverse condemnation. Fur- ther, the flow of water, earth and other material constitutes a nuisance and a trespass upon the property of claimants. 5. Claimants ' damages include a total loss of value of their real property, damage and loss of use of personal property, severe emotional distress, and general damages. (Cont' d. ) 190 T i' County of Contra Costa September 13, 1983 Re : Claim for Damages Page -2- 6 . The names of the public employees causing the claim- ants ' damages are unknown . 7. The amount of the claim as of this date is in excess of $350, 000 . 00. B . The basis of computation of the above amount is : a. loss of value of real property in excess of $350 ,000 .00 ; b. loss of value of personal property - unknown at this present time; C . severe emotional distress - unknown at this present time; d . general damages - unknown at this present time . Dated:___,z HARVEY KLETZ , Esq. i ALAN MATTHEW MAYER, Esq. Attorneys for Claimants 191