HomeMy WebLinkAboutMINUTES - 10251983 - 1.25 ,
CLAIM
BOARD OF SOHERVISORS OF CI3`TRA COSTA 0001TY. CALIFOEVIA BOARD ALMON
Claim Against the COUnty, ) NO►1T; TO CLAnOmw October 25 , 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) ,
Gbvexment Code.) ) given pursuant to Gaver ment Code Sections 913
a 915.4. Please note the "warning" below.
Claimant: Larry C . Ford
Attorney: Eric D. Carlyle, Esq.
-Tunney, Carlyle & Vanasse — -
Address: 1550 The Alameda, Suite 200
Amount: San Jose, CA 95126
By delivery to Clerk on
Date'Received: S eD t emb er 23 , 1983 BY mail, postmarked on c r o,,,h o,- 2.2-,-- 198
I. FROM: Clerk of the Board of Supervisors TO: Oounty Counsel
Attached is a copy of the above-noted Claim Q,J
DATED: 09/23/83 J.R. MZSON, Clerk, By_ ,G�IL//� /%�(��.r�/C/, Deputy
7elly K. Calhoun
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(Check one only)
( ) This Claim omplies substantially with sections 910 and 910.2.
( !) This Claim FA31 S to oarply 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. (§911.2)
DATED:
,' _2 JOHN B. CLAUsEN. qty Counsel, Deputy
III. BOARD OFUM By u animons vote of Supervisors present
( This claim is rejected in fall.
( ) This claim is rejected in full because it was not presented within the time
allowed by law.
I certify that this is a true and correct copy of the Board's Order entered
in its minutes for this date.
DATED: J.R. MZSCN, Clerk, . Deputy
WAIOtIlJG (Gov't. C. 6913)
Subject to certain exceptions, you have only six (6) months from
the date this notice was persopally delivered or deposited in the mail to
file-a court action an this claim. See Goverrvent 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. FFICM: Clerk of the Board TO: County 0mrAsel, 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
men: thereof has been filed and endorsed an the Board's copy of this
Claim in accordance with Section 29703. 104
LIATED: �� r�13 J. R. MSSON# Clerk. Deputy
1 ERIC D. CARLYLE, ESQ.
TUNNEY, CARLYLE & VANASSE
2 1550 The Alameda, Suite 200
San Jose , CA 95126
3 Telephone: (408) 288-9442 F
I
L
E
® •
4 Attorney for Claimant
6 J 1. 0115SON
LERK ,:ARD Cr " ERVISORS
c r
7 By-...
8
9
10 Claim of LARRY C. FORD, )
11 vs . ) CLAIM FOR PERSONAL INJURIES
12 COUNTY OF CONTRA COSTA ) (SECTION 910 OF THE
GOVERNMENT CODE)
13 )
14 )
15 TO the COUNTY OF CONTRA COSTA:
16
17 You are hereby notified that LARRY C. FORD, whose address is
18 420 Chargin Way, Morgan Hill , California , claims damages from the
19 COUNTY OF CONTRA COSTA,
20 in the amount, computed as of the date of presentation of this claim
21 of an unknown and presently indeterminable amount.
22 This claim is based on personal injuries sustained by claimant
23 on or about June 12 , 1933 , in the vicinity of Werner Cut, south of
24 the Oakwood Resort, Byron, California. The location of the area is
25 also known as the Orwood Tract, with the bodies of water also known
26 as Warren Cut and Dredger Cut.
27 The accident happened under the following circumstances :
28 At approximately 8 : 15 a.m. , on Sunday , June 12 , 1993 , LARRY C. FORD
-1- 105
I
1 was water skiing on the above-named body of water. While skiing
2 along the eastern side of the channel , due to the poor maintenance
3 of the channel, and the failure to remove obstructions along the
4 eastern bank of the channel, claimant struct overhanging branches
5 from a tree. Said branches were four to six inches in diameter and
6 approximately two to five feet above the surface of the water.
7 The names of the public employees causing claimant' s injuries
8 under the described circumstances are not known to claimant.
9 The injuries sustained by claimant as far as known, as of the
10 date of presentation of this claim, consists of closed head trauma,
11 however, the full extent of injuries is still not known at this time.
12 The amounts claimed as of the date of presentation of this
13 claim, is computed as follows :
14 Total damages incurred to date: Unable to determine.
15 Estimated prospective damages as far as known and total
16 amount of estimated prospective damages are unable to be determined
17 at this time.
18 All notices or other communications with regard to this claim
19 should be sent to claimant in care of ERIC D. CARLYLE, ESQ. ,
20 TUNNEY , CARLYLE & VANASSE, 1550 The Alameda, 'Suite 200 , San Jose ,
21 California, 95126 .
22
23 Dated: September 21, 1953 TUNNEY, CARLYLE & VANASSE
24
25 By: ERIC D. CARLYLE _
ERIC D. CARLY , ESQ.
26
27
28
-2-
106
1 PROOF Cf SEt1vtCE pr VA11,
1 am a citizen of the United States. over 10 yeah
2 of yo, and not a ►arty td the within entitled action.
t am employed at and my busrnas address is 1550
3 The Alameda.Suite 200. San Jose, California 05126 CLAIM FOR PERSONAL INJURIES
On this dete 1 served the attached document by
Placing a true copy thereof enelosed in a sezled
4 arivelope with postage fully prepaid in the united (SECTION 910 OF THE
State" mail at San Jose addressed as shown below GOVERNMENTAL CODE)"
5 1 dadare undor penalty of par+yry'that the foregoing
is tr1»and corrsct.
Executed at ban JoN.Caafornie on
fi Sebt : 21 , 1g,AI
7
8 Contra Costa
County ..:
County Supervisors
9 P: '0-. "Box 911
"Martinez, CA 94-553
:10
• 11
12
13 Creta Fuller
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16 Y• `
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TO
CLAIM
BCAM OF SUPERVISORS OF CONTRA COSTA COUNTY. CALIFORNIA BOARD ACTION
October 25 , 1983
Claim. Against the County, ) W= Td C'LAI ANr
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) ,
Government Code.) ) given pursuant to Government Clde Sections 913
i 915.4. Please note the "Warning" below.
Claimant: The Estate of Stanislaw Wrobel
Attorney: Law Offices of
R. Lewis Van Blois -
Address: One Kaiser Plaza , Suite 2375
Oakland, CA 94612
Amount: $1,000, 000. 00
By delivery to Clerk on
Date Received: September 20, 1983 By mail, postmarked on N n r 1 ; c d
Certified Mail P 464 714 672
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted Claim.
DATID: f 20 83 J.R. MSSON, Clerk, , Deputy
K 1 R. Calhou
II. FRCM: County Counsel TO: Clerk of the Board of Supervisors
(Check one only)
( A ) 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 grrnmd that it was
filed late. (§911.2)
DATED: ,k3JOHN B. C[AUSEN, County Qmnsel, By �. u a . Deputy
III. BOARD OQiDER 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: /C> l3 J.R. MZSON, Clerk, Deputy
WARIIIQG (Gov't. C. S913)
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 Goverment 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 70: Coiamty , 2 County jAiMstrator
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 dOcl=mmt, and a
mem thereof has been filed and endorsed on the Board's copy of this
Claim in accordance with Section 29703.
mm: /D o?��'.3 Je R. MS.90N, Clerk, Deputy
� � 108
v
v y
1 LAW OFFICES OF R. LEWIS VAN BLOIS
One Kaiser Plaza, Suite 2375
2 Oakland, CA 94612
(415) 444-1906 F I L
3 �?l�
4J=
E, 4 GF,ySv7':V iSO^na
5 e
6
7 IN THE MATTER OF THE CLAIM OF
8 THE ESTATE OF STANISLAW WROBEL CLAIM
9 against
10 CONTRA COSTA COUNTY,
HEALTH SERVICES DEPARTMENT
11 /
12 TO THE BOARD OF SUPERVISORS, CONTRA COSTA COUNTY:
13 A. NAME AND POST OFFICE ADDRESS OF CLAIMANT:
14 THE ESTATE OF STANISLAW WROBEL
c/o MRS. ALINA WROBEL
15 2579 Patra Drive
El Sobrante, CA 94803
16
B. POST OFFICE ADDRESS TO WHICH THE PERSON PRESENTING CLAIM
17 DESIRES NOTICES TO BE SENT:
18 LAW OFFICES OF R. LEWIS VAN BLOIS
One Kaiser Plaza, Suite 2375
19 Oakland, CA 94612
20 C. THE DATE, PLACE AND OTHER CIRCUMSTANCES OF THE OCCURRENCE
21 OR TRANSACTION WHICH GAVE RISE TO THE CLAIM ASSERTED:
22 This claim is based on injuries and damages suffered by the claimant as a result
23 of the death of Stanislaw Wrobel which occurred on June 10, 1983. On or about June
24 32 1983, decedent Stanislaw Wrobel, was admitted to the Contra Costa County Hospital
25 in Martinez, California, for treatment of his swollen knee. At said time and place
26 and thereafter until his death on June 10, 1983, said hospital through its physicians,
� � 109
DECLARATION OF SERVICE BY MAIL
I declare that:
I am a citizen of the United States and employed in Alameda
County, State of California, over the age of eighteen years , and
not a party to the within action. My business address is Suite
2375, Ordway Building, One Kaiser Plaza, Oakland, CA 94612 .
I served the foregoing
CLAIM
by depositing a true copy thereof in the United States mail at
Oakland, California , enclosed in a sealed envelope , with postage
thereon prepaid, addressed as follows:
Board of Supervisors
County of Contra Costa
651 Pine Street
Martinez, CA 94553
Executed at Oakland, California and deposited in the
United States mail on September 19, 1983
I declare under penalty of perjury that the foregoing is
true and correct.
J
Ann L. Cobb
111
1. 2
CLAIM
BCAED OF SUPMWISORS OF CONPRA COM ==Y, C'ALTF FQM BOARD ACTION
Claim Against the County, ) luno TO 03AUWU October 25, 1983
Luting Midorsenents, and ) Zine 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 wver ment Code Sections 913
i 915.4. Please note the "Warning" below.
Claimant: Alina Wrobel
Attorney: Law Offices of
R. Lewis Van Blois -
Address: One Kaiser Plaza, Suite 2375
Oakland, CA 94612 '
mount: $1,000, 000 . 00
By delivery to Clerk on
Date Peoeived: September 20, 1983 By mail, postmarked on Not listed
Certified Mail P464 714 673
I. FFCMM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted .
DWED: 9/20/83 J.R. OQSSON, Clerk, . Deputy
e a oun
II. FRCM: County Counsel 70: Clerk of the Board of Supervisors
(Check one only)
i
( }� ) This Claim cmp.Ues 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. Zhe Board cannot act for 15 days (Section 910.8) .
t Claim is not timely filed. Board should reject claim on ground that it was
filed late. (§911.2)
DATED: a3-U JOHN Be CLAUSEN, County Counsel, By- ' ' , Deputy
III. BOARD OFMM By unanumus vote of Supervisor's present
(
This claim is rejected in full.
( ) This claim is rejected in full because it was not presented within the time
allawed 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:
�4 o -,''.3 J.R. MSSCN, Clerk, . Deputy
WAFNIIJG (Gov't. C. 5913)
Subject to certain 000epticas, 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
immediately.
FRCM: Clerk o 'TO: Comity , County strator
Attached are copies of the above Claim. We notified the claimant of the
Board's action on this Claim by mailing a copy of this do=nent, and a
mem thereof has been filed and endorsed an the Board's copy of this
Claim in accordance with Section 29703.
DED: J. R. MS. 1,
Clerk, C/ Deputy
is t
r
1 LAW OFFICES OF R. LEWIS VAN BLOIS
One Kaiser Plaza, Suite 2375 (} `
2 Oakland, CA 94612
(415) 444-1906
3 LCLERK
�RO
4 P. OLSSON
D OF SUPERVISORS
,
6
7 IN THE MATTER OF THE CLAIM OF
8 ALINA WROBEL CLAIM
9 against
10 CONTRA COSTA COUNTY,
HEALTH SERVICES DEPARTMENT
11 /
12 TO THE BOARD OF SUPERVISORS, CONTRA COSTA COUNTY:
13 A. NAME AND POST OFFICE ADDRESS OF CLAIMANT:
14 MRS. ALINA WROBEL
2579 Patra Drive
15 EI Sobrante, CA 94803
16 B. POST OFFICE ADDRESS TO WHICH THE PERSON PRESENTING CLAIM
DESIRES NOTICES TO BE SENT:
17
LAW OFFICES OF R. LEWIS VAN BLOIS
18 One Kaiser Plaza, Suite 2375
Oakland, CA 94612
19
20 C. THE DATE, PLACE AND OTHER CIRCUMSTANCES OF THE OCCURRENCE
21 OR TRANSACTION WHICH GAVE RISE TO THE CLAIM ASSERTED:
22 This claim is based on injuries and damages suffered by the claimant as a result
23 of the death of Stanislaw Wrobel which occurred on June 10, 1983. On or about June
24 3,1983, decedent Stanislaw Wrobel, was admitted to the Contra Costa County Hospital
25 in Martinez, California, for treatment of his swollen knee. At said time and place
26 and thereafter until his death on June 10, 1983, said hospital through its physicians,
� t 113
1 nurses, aids, representatives, agents and employees, carelessly and negligently examined,
2 treated, tested, diagnosed, and prescribed care for the decedent; carelessly and neg-
3 ligently failed to properly diagnose and prescribe for the decedent; carelessly and
4 negligently supplied, provided, furnished, used, applied and prescribed dangerous, defect-
5 ive, improper and inadequate medicine, drugs, anesthetics, and related hospital, lab-
6 oratory, medical, supplies and materials; carelessly and negligently failed to provide
7 the decedent with proper adequate or sufficient medicines, drugs, anesthetics, or related
8 hospital, laboratory, medical, surgical, anesthetic, supplies, materials, equipment, and
9 appliances; and carelessly and negligently prescribed numbutal and valium and failed
10 to give him his required medication. As a proximate result of said negligence and
11 carelessness, Stanislaw Wrobel died on June 10, 1983.
12 D. NAMES OF PUBLIC EMPLOYEES CAUSING INJURY, DAMAGE OR LOSS:
13 Not known at this time.
14 E. NAMES AND ADRESSES OF WITNESSES:
15 Not known at this time.
16 F. THE AMOUNT CLAIMED AS OF THE DATE OF PRESENTATION OF CLAIM,
17 INCLUDING ESTIMATED AMOUNT OF ANY PROSPECTIVE INJURY, DAMAGE, OR
18 LOSS, INSOFAR AS IT MAY BE KNOWN AT TIME OF PRESENTATION OF CLAIM:
19 One Million Dollars ($1,000,000.00)
20 Dated: September 19, 1983.
21
22 0� '
tornWIS VAN BLOTS
23 ey for Claimant
24
25
26
-2- L 114
. t
DECLARATION OF SERVICE BY MAIL
I declare that:
I am a citizen of the United States and employed in Alameda
County, State of California, over the age of eighteen years , and
not a party to the within action. My business address is Suite
2375 , Ordway Building, One Kaiser Plaza, Oakland, CA 94612 .
I served the foregoing
CLAIM
by depositing a true copy thereof in the United States mail at
Oakland, California, enclosed in a sealed envelope, with postage
thereon prepaid, addressed as follows:
Board of Supervisors
County of Contra Costa
651 Pine Street
Martinez, CA 94553
Executed at Oakland, California and deposited in the
United States mail on September 19, 1983
I declare under penalty of perjury that the foregoing is
true and correct.
Ann L. Cobb
115
rr
t_
CLAIM
BOARD OF SUPERVISORS OF COMM COSTA COMITY, CALIFMIA BOARD ACTION
Claim Against the CDUnty, ) VNE TO CLAIl,VW October 25 , 1983
Routing Ehdorsements, and ) The copy of this document mailed t» 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: Katherine Roos
Attorney: Ryan & Tabor
680 Beach Street , Suite 324 -
Address: San Francisco, CA 94109
Amount: $1, 000, 000. 00
By delivery to Clerk on
Date Remived: September 21, 1983 By mail, postmarked on September 21, 1983
I. FROM: Clerk of the Board of Supervisors 70: County Counsel
Attached is a copy of the above-notedaim
DATED: 9/21/83 J.R. M.SSON, Clerk, BY.; C , Deputy
II. FROM: County Counsel T0: Clerk of Boar of Supervisors
(Check one only)
(�) This Claim complies substantially with Sections 910 and 910.2.
( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we
are so notifying claimant. The Board cannot act for 15 days (Section 910.8) .
( ) Claim is not timely filed. Board should reject claim on ground that it was
filed late. (5911.2)
DATED: � �_ �_JOM Be CLAUMNe County Counsel,, BY . Deputy
III. BOARD CFM By unanimous vote of Supervisors; resent
( 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: /0'�� �3 J.R. CLSSCN, Clerk, /�%`' r Deputy
MATO LNG (Gov't. C. 5913)
Subject to certain exceptions, you have only six (6) months from
the date this notice was persopally delivered or deposited in the mail to
file-a court action an this claim. See Government Code Section 945.6.
You nay seek the advice of any attorney of your choice in eonr>ection
with this matter. If you want to consult an attorney, you should do so
immediately.
FUN: CUA of the Board TO: County Counsel, 2 County ZiMstrator
Attached are copies of the above Claim. We notified the claimant of the
Board's action on this Claim by mailing a copy of this d=ment, and a
mean thereof has been filed and endorsed on the Board's copy of this
Claim in accordance with Section 29703. U 116
DATED: Je Re 0¢8,90N, Clerk, by fG I�g Deputy
I WAN & TABOR
680 Beach Street
2
San tFrancisco, CA 94109 F
3 (415) 673-2300
.4 Attorneys for Claimant i P�L7
KATHERINE ROOS AS MOTHER J a. MSSCo ]
5 OF DECEASED JAMES MADISON, near e AR O-
STuPCO sons
.=U
ty6
7 KATHERIN ROOS AS MOTHER
OF DECEASED JAMES MADISON,
8
Claimant
9
VS. CLAIM FOR DAMAGES
10
CITY OF RICHMOND, CITY OF
11 SAN PABLO, COUNTY OF CONTRA
COSTA,
12
Defendants
13 )
14 KATHERIN3ROOS presents her claim for damages pursuant
15 to Government Code Sections 905 and 910 as follows :
16 1. Katherire Roos, 21 Marion Court, #2, San . .Rafael, CA.
17 2 . ..Notices are to be sent to the law offices of Ryan &
18 Tabor, 680 Beach St. , Suite 324, San Francisco, CA 94109.
19 3 . On_ September 5, 1983, James E . Madison, date of birth,
20 November 8, 1959, was killed by a train at the intersections
21 of Market & 13th :Sts. , believed to have been in the City of
22 San Pablo or Richmond. However, itis possible to be -county
23 owned land.
24 4. Claimant' s son, James E. Madison was killed. .
25 5 . Public employees responsible is unknown to date .
26 6. Funeral bills and medical bill totals areunknownto dat .
27 General damages in the amount of $1,000,000 .00 .
28 DATED: September 17, 1983 RYAN & TABOR
RYAN d TABOR
ATTORNEYS AT LAW
BEACH ST.,SUITE 324
SAN FRANCISCO.CA i41010,
14151 67]2]00 BY:
1 ALVIN E. TABOR
CLAIM
BQAm OF SUPERVISORS OF CDDTI'RA COSTA COU"TY, auxFomm BQARD ACTION
Claim Against the County, ) NNE TO C.rsnyw October 25 , 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: Delores Walker
Attorney: Donald L. Jageman, Esq.
303 Arlington Ave. , Suite B _ -
Address: Kensington, CA 94707
Amount: $3, 072 . 45 Via Court Admip i trator
By delivery to Clerk on 9/23/83
Date Received: September 23, 1983 By mail, postmarked on
I. FRDM: Clerk of the Board of Supervisors 70: County Counsel
Attached is a copy of the above-noted Claim. /�
DATED: 9/23/83 J.R. M SSON, Clerk, t�i-, , Deputy
Kelly . Calhoun
II. FRCM: County ODunse 70: Clerk of the Board of Supervisors
(Check one only)
( ) This Claim complies substantially with Sections 910 and 910.2.
( ) This Claim FAILS to c=Tply 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. 6911.2)
DATED: - _(, -53 JOHN Be C LAUSEN, Cotalty Counsel, By Deputy
III. BOAM ORDER By unanimous vote of Supervisors present
( ) This claim is rejected in full.
(�) This claim is rejected in full because it was not presented within the time
allowed by law.
I certify that this is a true and correct copy of the Board's Order entered
in its minutes for this date.
DATED: J.R. CQSSCV, Clerk, �//�/, Deputy
NAF*MQG (Gov't. C. 5913)
Subject to certain exceptions, you have only six (6) months frau
the date this .notice was personally delivered or deposited in the mail to
file's court action an this claim. See Goverrment 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
Jmredi ately.
IV. FRONT; Clerk of the Board T0: County Counsel,, 2 Co mystrator
Attached are copies of the above Chaim tde 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 �, �• 1 1 8
Claim in accordance with Section 29703.
DATED: �v��= ^� J. R. C¢S.SON, C3srk, Deputy
CLAIM FOR DAMAGES UNDER GOVERNMENT CODE 910 and 910 .2
a) The claimant is Delores Walker, 133 Begonia Court,
Martinez, California, through her attorney, Donald L. Jageman, Esq. ,
303 Arlington Avenue, Suite B. Kensington, CA 94707
b) Notice should be sent to:
DONALD L. JAGEMAN, ESQ.
303 Arlington Ave. , Suite B
Kensington, CA 94707
c) The date of the occurrence was on or about December 4,
1980 at the intersection of Treat Boulevard and Bancroft Road. The
lights at the intersection were not working properly and as. Delores
Walker was driving through the intersection her vehicle struck and
damaged a vehicle driven by William Gripp and owned by Mary Brown.
Mary Brown sued Delores Walker and judgment was entered against Delores
Walker in favor of Mary Brown in the amount of $3,072.45 which repre-
sented 808 of the damage to Mary Brown ' s vehicle. Judgment was entered
September 13, 1983. Full payment has been made to Mary Brown to
satisfy said judgment.
d) The loss is the amount of the payment to Mary Brown of
$3 , 072.45. Our claim is one for inemnity.
e) We do not know the specific names of the public employees
involved but any list would include the names of any employees respon-
sible for maintaining the traffic lights at the intersection of Treat
Boulevard and Bancroft Road in the City of Walnut Creek. Also, Contra
Costa County Public Works Department, Traffic Division.
f) The mount claimed is the $3,072.45 paid to Mary Brown,
Plus interest at the legal rate from the date of mailing of this
notice. A copy of the stipulated judgment is attached.
Dated: September 22, 1983
JAGEMAN & McGRAW, INC.
By
L. JAG , . SQ.
L E ®
Attorney
ey for DORES WALKER
01
r-
. R. OISSOf:
CL�"ON UP ISORS
B . u
119
1 MATTHEW S. CONANT DONALD JAGS*MN, Attorney a�
HARDIN, COOK, LOPER, ENGEL & BERGEZ Law
2 One Kaiser Plaza, Suite 2300 303 Arlington AVe. , Suite
Oakland, California 94612 Kensington, CA 94707
3 (415) 444-3131
4 Attorneys for Plaintiffs
' S ,
6
7 MUNICIPAL COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA
8 WALNUT CREEK - DANVILLE JUDICIAL DISTRICT
9
10 MARY BROWN, et al. ,
11 Plaintiffs , NO. C29918
12 vs. STIPULATED JUDGMENT AND COVENANT
NOT TO EXCUTE
13 DELORES WALKER, et al. ,
14 Defendants.
15
16 IT IS HEREBY STIPULATED by and between the parties
17 hereto, through their respective counsel, that judgment shall
18 be entered in favor of plaintiffs MARY BROWN and CALIFORNIA
19 CASUALTY INDEMNITY EXCHANGE, and against defendant DELORES
20 WALKER in the sum of $3,072. 45, each party to bear . its own
21 costs.
22 IT IS FURTHER STIPULATED by and between the parties
23 hereto that execution shall not issue upon said judgment for
24 sixty days from the date of entry.
25 DATED: 1- 2, , 1983
26 HARDIN, COOK, LOPER, ENGEL & BERGEZ
27
... e. 28 BY
rARDIN. EoaK, LoaEA. MATTHEW S. CONANT, Attorney for
ENG8300 i BERGEZ Plaintiffs 120
t]00 7.0+•.BVD\O��O ` �
Vol
CLAIM
BOARD OF SUPERVISORS OF CXX?M C0SrA COUP-TY, CALIFaO7A Dom ACTION
Claim Against the County, ) YWE TD CLAIMAW October 25, 1983
Routing Endorsements, and ) Rlxe copy of this document mailed to you is your
Board Action. (AL1 Section ) notice of the action taken on your claim by the
references are to California ) Board of Supervisors (Paragraph III, below) ,
Cloverrment Code.) ) given pursuant to Government Code Sections 913
a 915.4. Plea_Se note the *warning" below.
Claimant: Lester L. Simpson & Helen J . Simpson
Attorney: Alan Matthew Mayer
Harvey M. Kletz -
Address: 5315 College Avenue !nsel
Oakland, CA 94618 �
Amount: $350, 000. 00
2 2 1983
By delivery to Clerk,on.
Date Received: September 21, 1983 By mail, postmarked on
I. FFCM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted Claim.
DATED: 9/21/83 J.R. OLSSCN, Clerk, c , Deputy
Ke Calhoun
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(Check one only) n�
cx" Claim/65W ees st nttiiallyfwi B;ti—
ons 910 and 910.2. See /ae Cc u1 .
( ) This Claim PAILS 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) .
(?C ) Claim is not timely filed. Board should reject claim on ground that it was
filed late. (§911.2) ,zycc)v> G6t,4, o —74-L
DATED: --23 -837oFII4 B. czAvsEN, County counsel, By , Deputy
III. BOAF0 ORDER By unanimous vote of Supervisors present
( This claim is/lrejrecti �' tnfull.�/���ev��.
( This claim is rejected in full because it was not presented within the time
allowed bylaw. /cr�i� {or Oa/72-1-/--' -10 roal?lz i l
I certify that this is a true and correct copy of the Board's Order entered
in its minutes for this date.
DATED: J.R. CLSSCN, Clerk, �. Deputy
MARC 3G (Gov't. C. 5913)
Subject to certain w oeptions, you have may six (6) months from
the date this notice was personally delivered or deposited in the mail to
file-a court action can this claim. See Gmmrnaent Lode 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. rim: Clerk o County Clounsel, 2 County MMstrator
Attached are copies of the above Claim. We notified the claimant of the
Board's action can this Claim by mailing a dopy of this document, and ai z 121
memo thereof has been filed and endorsed on the Board's copy of this
Claim in accordance with Section 29703.
DATED:. J. R. MS.90N. Clerk. qty
t
LAW OFFICES OF
HARVEY MICHAEL KLETZ KLE T Z & MOLL
TELEPHONE
LAWRENCE ELLIOT MOLL 5315 COLLEGE AVENUE (415) 655-7141
OAKLAND, CALIFORNIA 94618
FF
September 13, 1983
f
--
Contra Costa County Flood Control-
Water Conservation Di t
255 6�c�_�� _ 6/S �iLvL?
Martinez, CA 94553
Claim for Damages Against Contra Costa County Flood Control-
Water Conservation District
Lester L. Simpson and Helen J. Simpson hereby make claim
against Contra Costa County Flood Control-Water Conservation
District for the sum in excess of $350 ,000 .00 and make the
following statements in support of their claim:
1. Claimants' address is 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 Contra
Costa County Flood Control-Water Conservation District in the
design, construction, maintenance and repair of storm drainage
systems, roads and other improvements in the vicinity of claim-
ants ' property which resulted in the diversion of sur=ace water
and waters from natural watercourses, including, but not limited
to Las Trampas Creek, causing the escape of material from steep
slopes onto the property of claimants. Further, the Contra Costa
County Flood Control-Water Conservation District maintained and
managed dangerous 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 con-
demnation. Further, the flow of water, earth and other material
constitutes a nuisance and a trespass upon the property of claim-
ants.
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.
122
T ,
Contra Costa County Flood Control- September 13, 1983
Water Conservation District Page -2-
Re : Claim for Damages
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 .
8 . The basis of computation of the above amount is:
a. loss of value of real property in excess of
$350 ,000 .00 ;
b. loss of value of personal property - unknown at
this present time;
C . severe emotional distress - unknown at this
present time;
d. general damages - unkno at this present time.
Dated:
HA Y M. KLE , Esq.
ALAN MAT2K W MAYER, Esq.
Attorneys for Claimants
+ 123
a ,
COURT OF CALIFORNIA, COUNTY OF CONTRA .COSTA
'+Ar E OF MUNICIPAL OR JUSTICE COURT DISTRICT OR OF BRANCH COURT, IF ANY FOR COURT USE ONLY
IN AND FOR THE COUNTY,OF CONTRA COSTA, Courthouse., Court
and Main Street, P.O. Box 911, Martinez, CA 94553
rfTLE OF CASE (ABBREvaATED) - [Rt iJ CIE I V E D
LESTER L. SIMPSON and HELEN J. SIMPSON V.
BRUZZONE, CITY OF LAFAYETTE$ COUNTY OF CONTRA COSTA,
CONTRA COSTA COUNTY FLOOD CONTROL-WATER CONSERVATION SF�a�t�83
DISTRICT AND DOES I-35inclusive
NAttE.ADDRESS. AND TELEPHONE NUMBER OF SENDER OLSSON
HARVEY M. KLETZ, KLETZ & MOLL, LUXN
5315 College Avenue a " A
Oakland, CA 94618
(415) 655-7141
CASE NUMBER
251096
NOTICE
TO: . DE_P=. DIRE=Rr. .MR.. XUBICIK,•. QF. .CONTRA COSTA COUNTY.FLOOD.CONTRDL-WATER WNSERVAT ION DIST.
(Insert narhe of Individual being served)
This summons and other document(s) indicated below are being served pursuant to Section 415.30 of the California
Code of Civil Procedure. Your failure to complete this form and return it to me within 20 days may subject you (or the
party on whose behalf you are being served) to liability for the payment of any expenses incurred in serving a summons
on you in any other manner permitted by law.
If you are being served on behalf of a corporation, unincorporated association (including a partnership), or other
entity, this form must be signed by you in the name of such entity or by a person authorized to receive service of
process on behalf of such entity. In all other cases, this form must be signed by you personally or by a person authorized
by you to acknowledge receipt of summons. Section 415.30 provides that this summons and other document(s) are
deemed served on the date you sign the Acknowledgment of Receipt below, it you return this form to me.
Dated. . . . . Septen er. l9, . 1983. . . . . . . . . . .
(S gnatu(q/of sender)
HARVEY M. KLETZ
ACKNOWLEDGMENT OF RECEIPT
This acknowledges receipt of: (To be completed by sender before mailing)
1. y-- A copy of the summons and of the complaint.
2. :. A copy of the summons and of the Petition(Marriage) and:
Blank Confidential Questionnaire (Marriage)
C Order to Show Cause (Marriage)
C Blank Responsive Declaration
Blank Financial Declaration
(7 Other: (Specify) C (•4' ` ���
(To be completed by raelpleni)
Date of receipt: �%nG - I1/ /l . . .. . . l\ `KG/ lrCl
(Signe re of person acknowledging feceipt,w0h lift
acknowledgment is made on behalf of another person)
L /
Date this form is
(Tyfie or print your name a d name of enl,ty. it any. /
on whose behall this form is signed)
10
,r NOTICE AND ACKNOWLEDGMENT OF RECEIPT ca P415
S ei°of cou'!
F.. ... .. .e!'u:'t •9'. RWs tits
124.
4a.t
NAME AND ADDRESS OF ATTORNEY: + TELEPHONE NO: FOR COURT USE ONLY,
ALAN MATTHEW MAYER, Esq. HARVEY M. KLETZ, Esq.
880 Las Gallirias KLETZ, & MOLL
San Rafael , CA 94903 5315 College Avenue
(415) 479-1053 Oakland, CA 94618
ATTORNEY FOR(Name): Plaintiffs (41516 55-7141
Insert name of court,judicial district or branch court,if any,and Post Office and Street Address:
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF CONTRA COSTA, Courthouse,
Court and Main Street, P.O. Box 911 , Martinez,
CA 94553
PLAINTIFF
LESTER L. SIMPSON and HELEN J. SIMPSON
OEFENOANT:
RUSSELL J. BRUZZONE and JOAN E. BRUZZONE, CITY OF LAFAYETTE,
COUNTY OF CONTRA COSTA, CONTRA COSTA COUNTY FLOOD CONTROL-
WATER CONSERVATION DISTRICT, and DOES 1 - 35 , inclusive
SUMMONS CASE NUMBER � 1
NOTICE! You have been sued. The court may decide iAVISO! Usted he sido demandado. EI tribunal puede
against you without your being heard unless you respond decidi► contra Ud. sin audiencia a menos que Ud. re-
within 30 days. Read the information below. sponda dentro de 30 dias. Lea la Inlormacl6n que sigue.
It you wish to seek the advice of an attorney in tnis Si Usted desea solicitar el consejo de un abogado en
matter, you 'should do so promptly so that your written este asunto, deberia hacerlo inmediatamente. de esta
response, it any, may be filed on time. manera, su respuesta escrita, si hay atguna, puede ser
registrada a liempo.
1. TO THE DEFENDANT: A civil complaint has been filed by the plaintiff against you. If you wish to defend this lawsuit.
you must, within 30 days after this summons is served on you, file with this court a written response to the complaint.
Unless you do so, your default will be entered.on application of the plaintiff, and this.court may enter a judgment
against you for the relief demanded in the complaint, which could result in garnishment of wages. taking of.money
or property or other relief requested in the complaint.
DATED: SEP a )you �• ��• �% •=��� Clerk, By .. . �� . �1w1-6�+ti-- Deputy
(SEAL) 2. NOTICE TO THE PERSON SERVED: You are served
a. As an individual defendant.
b. As the person sued under the fictitious name of: .
C.
=On behalf of:. . . . . . . . . . .
Under: Q CCP 416.10(Corporation). Q CCP 416.60(Minor)
[] CCP 416.20(Defunct Corporation) C CCP 416.70 (Incompetent)
Q CCP 416.40(Association or Partnership) Q CCP 416.90(individual)
Q Other:
d. Q By personal delivery on(Date):. . . . . . . . . . .
A written response must be in the form prescribed by the California Rules of Court. It must be filed in this court with the proper Ming fee and proof
of service of a copy on each plaintiff's attorney and on each plaintiff not represented by an attorney. The time when a summons is deemed served
on a party may vary depending on the method of service. For example.see CCP 413.10 through 415.50.The word "Complaint"includes cross-complaint.
"plaintiff'includes cross-complainant,"defendant"includes cross-defendant.the singular includes the plural.
114 Form Adopted by Rule 982 (See reverse for Proof of Service)
Judicial Council of California SUMMONS CCP 4112 2° 41202 5
Revised Effective January 1. 1979 415 t0
1A-3
ATTORNEY On PARTY WITHOUT ATTORNEY(NAME AND ADDRESS): TELEPHONE: FOR COURT USE ONLY
ALAN MATTHEW MAYER, Esq. HARVEY M. KLETZ, Esq.
880 Las Gallinas KLETZ & MOLL D
San Rafael, CA 94903 5315 College Avenue
(415) 479-1053 Oakland, CA 94618 SEP 1983
ATTORNEY FOR(NAME): (415) 655-7141
Insert name of court,judicial district or branch court,if any,and post office and street address: J. R. OLSSO, Cotmt,} Clea:
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN C')NTFtP. C;l3TA ;;OUI'; ;
AND FOR THE COUNTY OF CONTRA COSTA, Courthouse, �I •M1I ^,��^yyr'ti Jepot
Court and Main Street, P.O. Box 911, Martinez,
CA 94553
PLAINTIFF:
LESTER L. SIMPSON and HELEN J. SIMPSON
DEFENDANT:
RUSSELL J. BRUZZONE and JOAN E. BRUZZONE, CITY OF LAFAYETTE, COUNTY OF
CONTRA COSTA, CONTRS COSTA COUNTY FLOOD CONTROL-WATER CONSERVATION DISTRICT
and
®DOES1T0 35, inclusive
CASENUMBER
COMPLAINT—Personal Injury, Property Damage, Wrongful Death 0451096
Q MOTOR VEHICLE ®OTHER(specify):
®Property Damage Q Wrongful Death
QPersonal Injury ®Other Damages(specify): Negligence;
Diversion of Waters; and Others
1. This pleading, including attachments and exhibits, consists of the following number of pages:
2. a. Each plaintiff named above is a competent adult
Q Except plaintiff (name):
Q a corporation qualified to do business in California
Q an unincorporated entity(describe):
[]a public entity(describe):
=a minor Q an adult
Q for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
Q other(specify):
[]other(specify):
(�Except plaintiff(name):
Q a corporation qualified to do business in California
=an unincorporated entity(describe):
Qa public entity(describe):
Qa minor Q an adult
Q for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
Q other(specify):
Q other(specify):
b. Q Plaintiff(name):
is doing business under the fictitious name of(specify):
and has complied with the fictitious business name laws.
e. Q Information about additional plaintiffs who are not competent adults is shown in Complaint—
Attachment 2c__ _ (Continued) _
Form Approved by the
JudicialEffective
ve January
r 1. 1982CafifornCOMPLAINT—Personal Injury, Property Damage,
EMec a..January 1, t9a2
_••.-oo1+r++ Wrongful Death CCP 425.12
1,44
SHORT TITLE: CASE NUMBER:
SIMPSON v. BRUZZONE 5 109 6
COMPLAINT Personal Injury, Property Damage, Wrongful Death Pagetwo
3. a. Each defendant named above is a natural person
MExcept defendant(name): CITY OF jail Except defendant(name): COUNTY OF
LAFAYETTE CONTRA COSTA
Q a business organization, form unknown Q a business organization, form unknown
Q a corporation Q a corporation
Q an unincorporated entity(describe): []an unincorporated entity(describe):
® apublic entity(describe): municipal $X.japublic entity(describe): political
corporation subdivision of State of California
Q other(specify): ( other(specify):
® Except defendant(name): CONTRA COSTA ( ]Except defendant(name):
COUNTY FLOOD CONTROL—WATER
CONSERVATION DISTRICT
Q a business organization, form unknown =a business organization, form unknown
Q a corporation Q]a corporation
Q an unincorporated entity(describe): an unincorporated entity(describe):
® a public entity(describe): Character Qa public entity(describe):
unknown
Q other(specify): other(specify):
b. The true names and capacities of defendants sued as Does are unknown to plaintiff.
c. [] information about additional defendants who are not natural persons is contained in Complaint—
Attachment 3c.
d. Q Defendants who are joined pursuant to Code of Civil Procedure section 382 are(names):
4. ®xPlaintiff is required to comply with a claims statute, and
a. Q plaintiff has complied with applicable claims statutes, or
b.)Ej] plaintiff is excused from complying because(specify): Government Code §905. 1
exempts inversion condemnation claims
5. This court is the proper court because
® at least one defendant now resides in its jurisdictional area.
Q the principal place of business of a corporation or unincorporated association is in its jurisdictional area.
® injury to person or damage to personal property occurred in its jurisdictional area.
Q other(specify):
6. ® The following paragraphs of this complaint are alleged on information and belief(specify paragraph numbers):
16 , 17, 18, 20, 23, 26 , 27, 32, 33, 35, 38, 45, 46 , 47
12'7
(Continued) Page two
1A-5
SHORT TITLE: CASE NUMBER
SIMPSON v. BRUZZONE 2 5 10 9 6
COMPLAINT—Personal Injury, Property Damage, Wrongful Death (Continued) Page three
7. 0 The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
=listed in Complaint—Attachment 7 =as follows:
8. Plaintiff has suffered
[]wage loss [loss of use of property
hospital and medical expenses FX3 general damage
jMproperty damage L�]loss of earning capacity
Mother damage(specify):
b. Total loss of value of the property
9. Relief sought in this complaint is within the jurisdiction of this court.
10. PLAINTIFF PRAYS
For judgment for costs of suit; for such relief as is fair, just, and equitable; and for
®compensatory damages
M(Superior Court) according to proof.
=(Municipal and Justice Court) in the amount of $
EEO other(specify): Ordering defendants to correct the nuisance and trespass on
plaintiffs ' property thereby abating those conditionsto prevent further damage.
A. For the third cause of action, reasonable attorneys fees and
experts ' fees, as authorized by Code of Civil Procedure §1036 , according to
proof .
B. For the sixth and seventh causes of action, preliminary and
permanent injunctions.
11. The following causes of action are attached and the statements above apply to each: (Each complaint must have
one or more causes of action attached.)
r-1 Motor Vehicle
®General Negligence
1`7 Intentional Tort
=Products Liability
®Premises Liability
®x Other(specify): Diversion of Surface Waters; Diversion of Waters from
Natural Watercourse; Inverse Condemnation; Negligent Design, Inspection,
Grading Management and Control of Steep Slope; Escape of Material from
Steep Slope; Nuisance; Trespass; Negligent Violation of Duty Imposed
by Ordinance,
. . . . . . . - --- 8
(Type or print name) (S2 ig re of piamtiM or atiorne
—' .
COMPLAINT—Personal Injury, Property Damage, ragetnree
„„ ,•,, Wrongful Death (Continued) CCP 425.12
1
I FIRST CAUSE OF ACTION
2 DIVERSION OF SURFACE_ WATERS
3 12 . Plaintiffs reallege and incorporate by reference
4 paragraphs 2 , 5, 8 , 9 and 10 in this complaint.
5 13 . Plaintiffs are residents of the County of Contra
6 Costa, State of California. Plaintiffs are now and at all releven
7 times have been the owners of the improved lot and residence
8 located at 39 Brookdale Court, Lafayette, California, more
9 particularly described as Lot 8 of Tract No. 2646 in :-Map
10 Book 72 , at page 38 , in the Office of the Recorder of
11 the County of Contra Costa , California (herein referred to as
12 "plaintiff ' s property. ") Attached hereto and marked Exhibit A is
13 a map which identifies the location of plaintiff ' s property ,
14 roads and other features of the area insofar as they pertain to
15 this Complaint.
16 14 . The true names or capacities, whether individual ,
17 corporate, associate or otherwise, of defendants named herein
18 as DOES 1 through 35, are unknown to plaintiffs who therefore
19 sue said defendants by such fictitious names. Plaintiffs will
20 ask leave to amend this Complaint to show their true names and
21 capacities when they have been ascertained. Each of the DOE
22 defendants is responsible in some manner for the events herein
23 referrred to and caused damage and injury proximately thereby
24 to plaintiff. Each of the defendants sued herein as DOES 1
25 through 35, inclusive, was the agent and employee of each of the
26 other defendants, and was at all times acting within the purpose
27 and scope of said agency and employment.
28
ULETZ t MOLL -4- 129
Arrollrcr3 AT LAS
3315 COLL906 Ar[NU[
OAKLAND,CALIF.64015
44150 55!4141
1 15. Defendant, RUSSELL J. BRUZZONE, owns certain
2 properties adjacent to and around plaintiffs ' property, and
3 resides at the property commonly known as 899 Hope Lane in the
4 City of Lafayette, County of Contra Costa, State of California
5 (hereafter "Bruzzone ' s properties. ") Bruzzone ' s properties are
6 adjacent to plaintiffs ' property to the north
7 of plaintiffs ' property. Bruzzone ' s property slopes steeply
8 downhill toward plaintiffs ' property.
9 16 . Plaintiffs are informed and believe and thereon
10 allege that defendants BRUZZONE and DOES 1 through 25, inclusive,
11 developed and constructed improvements, - removed natural vegatatio
12 and performed other acts and omissions on and to their property
13 affecting the flow of surface water and water in natural water
14 courses.
15 17. Prior to said acts and omissions, surface water which
16 fell upon or otherwise came to be upon the hills, canyons,
17 mountains and other areas to the north of plaintiffs '
18 property did not flow toward, onto or over the land which
19 became plaintiffs ' property nor did it flow toward, onto or
20 over the steep slope to the immediate north of and
21 adjacent to plaintiffs ' property.
22 18 . Plaintiffs are informed and believe and based upon
23 such information and belief allege that defendants BRUZZONE and
24 DOES 1 - 25, inclusive, failed to take reasonable care in
25 designing, improving, controlling and maintaining their property,
26 as alleged herein, to avoid damage to land and improvements
27 thereon and injury to the inhabitants -of plaintiffs ' property
28 from the collection , accumulation, concentration, diversion and
KLETZ t MOLL 1
AITOK N[V3 AT -5- 1 V o
$113 COLLO[AVENUE
[NU[
OAKLAND.CALIF.94016 (-�(
10131 635-7141
• 1
I redirection of surface water, and water . in natural water courses.
2 19. On or about and for a period of time before
3 March 31 , 1983 , the property of defendants BRUZZONE and DOES
4 1 - 25, inclusive, collected, accumulated, concentrated,
5 diverted and redirected such water alleged in this Cause of
6 Action and such waters flowed on and down toward plaintiffs '
7 property, causing substantial amounts of water to flow into,
8 onto and over the steep slope which immediately adjoins
9 plaintiffs ' property on its north boundary.
10 20 . The acts and omissions of defendants, and each of
11 them, alleged herein proximately caused the saturation and the
12 liquefication of such steep slope immediately adjacent to
13 the north boundary of plaintiffs ' proeprty which thereupon
14 failed, causing substantial amounts of mud, earth and debris
15 to slide onto and over plaintiffs ' property, destroying and
16 damaging plaintiffs ' property.
17 21 . By reason of the foregoing acts and omissions of
18 defendants, plaintiffs ' property was damaged and partially
19 destroyed to plaintiffs ' damage in the sum in excess of .$350,000 .
20
21 SECOND CAUSE OF ACTION
22 DIVERSION OF WATERS FROM NATURAL WATERCOURSE
23 22. Plaintiffs reallege and incorporate by reference
24 and adopt as they relate to this cause of action the allegations
25 contained in paragraphs 2 , 5, 8, . 9, 10, 13, 14 , 15, 16 , 18, 19,
26 20 and 21 of this complaint.
27 23 . Prior to defendants ' acts and omissions alleged in
28 paragraph 16 , a substantial amount of the natural drainage
KLETZ St MOLL
ATTORNEYS AT LAW
SS 1E COLLEGE AVENUE -6- 1
OAKLAND.CALIF.►.S4EIE
44151 655.7141
I waters flowed in and was carried by natural
2 channels and watercourses including Las Trampas Creek, among,
3 through and from the hills, canyons, mountains and other areas
4 to the north of plaintiffs ' property, which natural channels
5 and watercourses did not flow toward, onto or over the property
6 which became plaintiffs ' property, or the steep slope to the
7 immediate north of plaintiffs ' property and adjacent thereto.
8 24 . As a direct and proximate result of said acts and
9 omissions of defendants BRUZZONE and DOES 1 - 25, inclusive,
10 the waters from such natural channels and watercourses to the
11 north of plaintiffs ' property were increased, collected,
12 diverted and directed onto and over plaintiffs ' property and the
13 steep slope to the immediate north of plaintiffs ' property and
14 adjacent thereto.
15 THIRD CAUSE OF ACTION
16 INVERSE CONDEMNATION
17 25. Plaintiffs reallege and incorporate by reference
18 and adopt as they relate to this cause of action the allegations
19 contained in paragraphs 2 , 3, 5, 8 , 9 , 10 , 12, 13 and 14 of
20 this complaint.
21 26 . Plaintiffs are informed and believe and based upon
22 such information and belief allege that at some time prior to
�3 March 1983, defendants CITY OF LAFAYETTE, COUNTY OF CONTRA COSTA,
24 CONTRA COSTA FLOOD CONTROL-WATER CONSERVATION DISTRICT and DOES
25 25 - 35, inclusive, deliberately designed and constructed the
26 streets, storm drainage facilities and roads adjacent and surround
27 ing plaintiffs ' property, together with the drainage devices and
28 structures associated with them for public use, and that on
KLETZ & MOLL
A OII NC VS 111 LN. -7-7— 132
4315 COLLEGE AVENUE '
OAKLAND.CALIF.Na 11
I4101 saeoln
I or about March 1983 such improvements operated in the
2 manner intended.
3 27. Such improvements alleged herein and the lack of
4 adequate drainage and runoff facilities were a substantial
5 factor in causing the saturation and the liquefaction of the
6 steep slope immediately adjacent to the north boundary of
7 plaintiffs ' property and into San Trampas Creek which hillside
8 thereupon failed, causing substantial amounts of mud, earth and
9 debris to slide onto and over plaintiffs' property, destroying and
10 damaging trees and shrubs thereon and inundating plaintiffs '
11 property with water rendering it unusable.
12 28 . By reason of the matters alleged herein, plaintiffs '
13 real and personal property have been takenr.or damaged for public
14 use in the amount in excess of $350, 000. 00
15 29 . Plaintiffs have retained attorneys , Alan Matthew Mayer
16 and Harvey M. Kletz to commence and prosecute this action,
17 including this Inverse Condemnation cause of action, and thereby
18 and therefore have incurred and. will continue to incur
19 attorney ' s fees, expert witness fees, engineering fees and other
20 litigation expenses in an amount presently unknown; and when such
21 amounts are ascertained, plaintiffs will ask leave to amend this
22 complaint to allege the true amount thereof .
23
24 FOURTH CAUSE OF ACTION
25 NEGLIGENT DESIGN, INSPECTION, GRADING
MANAGEMENT AND CONTROL OF STEEP SLOPE
26
30 . Plaintiffs ' reallege and incorporate by reference
27
and adopt as they relate to this cause of action the allegations
28
KLETZ k MOLL t
ATTORNEYS.. —8— L \ 133
53 3 L
COLO!AVENUE
OAKLANO,CALIF.OAele
14101 eeea lsl
. 1
1 contained in paragraphs 2 , 5, 8 , 9 , 10, 13 , 14 , 15, 16 , 20 and
2 21 of this complaint.
3 31 .- Plaintiffs are informed and believe and based upon
4 such information and belief allege that the defendants BRUZZONE
S and DOES 1 - 25, inclusive, were responsible for and .in fact
6 designed, inspected, graded, managed, maintained and controlled
7 the steep slope adjacent to plaintiffs' property.
8 32. Plaintiffs are informed and believe and based upon
9 such information and belief allege that . the defendants named in
10 this case of action negligently and improperly designed, inspecte ,
11 graded, managed, maintainedand controlled said slope by, among
12 other things, improperly placing or allowing to be placed or
13 allowing to remain on such steep slope improperly compacted
14 debris, earth and fill ; by failing to stabilized such steep slope
15 when it was reasonable to expect and was reasonably foreseeable
16 that water would undercut said slope or be collected, accumulated
17 concentrated, diverted and redirected, and that substantial water
18 would flow over, onto and into such steep slope in such a manner
19 and at such location that it was reasonable to expect and was
20 reasonably foreseeable that the steep slope would become unstable,
21 saturated or liquefy and, as a result, fail and cause substantial
22 amounts of mud, earth and debris to slide onto and over
23 plaintiffs ' property and cause substantial harm to the property
24 and the person of plaintiffs. Notwithstanding, plaintiffs are
25 informed and believe and based on such information and belief
26 allege that at no time prior to or on or about March , 1983
27 did defendants named in this cause of action, or any of them,
28 take any steps to prevent the escape of such material from
KLETZ a MOLL e
ATTORNEYS AT LAS !�
9-OAK6316 COLLEGE AVENUE -9-
OAKLAND.
LAND.CALIF.04616 .
16161 635-7141
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1 such defendants ' real property to and upon plaintiffs' property.
2 33. By reason of the acts and omissions alleged herein
3 of the defendants, and each of them, to this cause of action,
4 such steep slope failed on March , 1983, causing
5 substantial amounts of mud, earth and debris to slide onto and
6 over plaintiffs ' property, destroying and damaging trees and
7 shrubs thereon , and inundating plaintiff 's property with water
8 and debris rendering it unusable.
9
10 FIFTH CAUSE OF ACTION
11 ESCAPE OF MATERIAL FROM STEEP SLOPE
12 34 . Plaintiffs reallege .and incorporate by reference and
�3 adopt as they relate to this cause of action the allegations
14 contained in paragraphs 2, 5, 8 , 9, 10 , 1.3, 14 , 151, 16 , 20, 21,
15 31 , 32 and 33 of this complaint.
16 35. Plaintiffs are informed and believe and based upon
17 such information and belief allege that at some time prior to
18 March 1983 , defendants BRUZZONE and DOES 1 - 25, and
19 each of them, caused or allowed substantial amounts of debris,
20 earth and fill to remain on the steep slope adjacent to and
21 immediately to the north of plaintiffs' property and, in addition,
22 allowed such steep slope and the debris, earth and fill on such
�3 steep slope to collect, impound and become saturated with water.
24 36 . On or about March 1983, such debris, earth,
25 and fill deposited or allowed to remain on such steep slope,
26 together with the water collected and impounded on and in such
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KLETZ B MOLD
-10-
ATTORNEYS AT LAW l J�
0314 COLLEGE AVENUE J
OAKLAND.CALIF.64616
1/161 697.7141
I steep slope, escaped from the property of . defendants named in
2 this cause of action , causing substantial amounts of mud,
3 earth, debris and other material to slide onto and over
4 plaintiffs ' property destroying and damaging plaintiffs ' property.
5
6 SIXTH CAUSE OF ACTION
7 NUISANCE
8 37 . Plaintiffs reallege and incorporate by reference and
9 adopt as they relate to this cause of action the allegations
10 contained in paragraphs 2 , 5, 8, 9 , 10, 13, 14 , 15, 16 , 20,
11 21, 31, 32, 33, 35 and 36 of this complaint.
12 38 . Plaintiffs are informed and believe and based upon
13 such information and belief allege that at all times mentioned
14 herein defendants BRUZZONE and DOES 1 - 25, inclusive, and
15 each of them, so designed, inspected, graded, managed, maintained
16 and controlled the steep slope which abuts the north boundary
17 of plaintiffs ' property so as to interfere with the comfortable
18 enjoyment of life and property thereon and so as to have
19 constituted thereby a nuisance with the meaning of Civil Code
20 Section 3479 to the person and the real property of plaintiffs.
21 39 . On August 23, 1983, plaintiffs ' attorney; Alan
22 Matthew Mayer, sent a letter to defendant RUSSELL J. BRUZZONE
�3 (attached and incorporated by reference: as Exhibit B) demanding
24 that BRUZZONE take action to repair the damage caused by the slide
25 from his property, and take corrective action to prevent further
26 damage. Defendant BRUZZONE has refused and still refuses to abate
27 and correct the nuisance to piaintiffs: for which he is responsible.
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ttLETZ R MOLL
477 DK Kc rs AT LAS l i
WE COLL[D[AVENUE - 136
OAKLAND.CALIF.0461• —11-
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1 40 . The wrongful conduct of defendants BRUZZONE and
2 DOES 1 through 25, inclusive, unless and until enjoined and
3 restrained by order of this Court, will cause great and
4 irreparable injury to plaintiffs in that earth, water and
5 other material will continue to flow onto plaintiffs ' property
6 and plaintiffs will be deprived of the quiet and free use and
7 enjoyment of their property due to the material that has already
8 flowed onto their property .
9 41. Plaintiffs have no adequate remedy at law for the
10 injuries herein in that their property is unique and thus
11 pecuniary compensation would not afford adequate relief and
12 plaintiffs will continue to suffer damages with each rainfall ,
13 and they would be required to pursue a multiplicity of judicial
14 proceedings for each subsequent act of nuisance and trespass by
15 said defendants. Injunctive relief is expressly authorized by
16 Sections 526 and 731 of the Code of .Civil Procedure.
17
18 SEVENTH CAUSE OF ACTION
19 TRESPASS
20 42 . Plaintiffs reallege and incorporate by reference
21 and adopt as they relate to this cause of action the allegations
22 contained in paragraphs 2, 5, 8 , 9, 10, 1,3, 14 , 15, 16 , 20,
23 21, 31 , 32, 33, 35, 36 , 39 , 40 , and 41 of this complaint.
24 _ 43. On or about March 1983, defendants BRUZZONE
25 and DOES 1 through 25, inclusive, and each of them, without
26 plaintiffs' permission or consent wrongfully caused or allowed
27 large quantities of mud, earth, debris ,and other materials
28 located in, on and about such defendants' property to . slide,
KLETZ 4 MOLL -12- L 1 �]�y
ATTORNEYS At LAW � .1 J
6916 COLLEGE AVENUE
OAKLAND,CALIF,04619
44151 653-7141
1 inundate and fall upon plaintiffs ` property which was occupied
2 by plaintiffs.
3
4 EIGHTH CAUSE OF ACTION
5 NEGLIGENT VIOLATION OF DUTY IMPOSED BY ORDINANCE
6 44 . Plaintiffs reallege and incorporate by reference
7 the allegations contained in paragraphs 2, 5, 8 , 9, 10 , 13 , 14 ,
8 15, 16 , 20, 21 , 31, 32, 33 , 35, 36 , 38, and 39 of this complaint.
9 45. Plaintiffs are informed and believe and thereon
10 allege that at all relevent times herein, Contra Costa Ordinance
11 69-59 has been in full force and effect. Section 716-2 . 604 of
12 that Ordinance provides in pertinent part:
13 No person shall grade . . . so that dirt, soil ,
rock, debris or other material washed, eroded
14 or moved from the property by natural or
artificial means creates . . . an unlawful
15 encroachment on any other property. . . .
16 Section 716-2 .0606 of that Ordinance provides:
17 No person shall obstruct, impede, or interfere
with the natural flow of storm waters, whether
18 unconfined upon the surface of the land, within
land depressions or natural drainage ways, within
19 unimproved channels or watercourses, or within
improved ditches, channels or conduits, except
20 for construction operations permitted by the
county .
21
Section 716-8 .610 of that Ordinance provides:
22
Berms, swales or other devices shall be provided
�3 at the top of a cut or fill slopes to prevent
surface waters from flowing over or onto and
24 damaging the face of the slope. Special drainage
provisions shall be made where a building
25 structure exists within five feet of the top
of the slope.
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KLETZ 4 MOLL —13
ATTORNEY%AT LAW 138,
9319 COR.LEaE AVENUE
OAKLAND.CAL1►.94619
(419 R eaa•T 14 R
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Section 716-8 .612 of that Ordinance provides:
2
The permitee and/or owner shall maintain
3 drainage facilities in conformance with the
requirements of this division, during and after
4 construction .
5 Section 716-8. 1008 of that Ordinance provides:
6 Operations shall be controlled to prevent
nuisances to public and private ownerships
7 because of dust, drainage, removal of natural
support of land and structions, encroachment,
8 noise and/or vibration.
9 Plaintiffs request that judicial notice be taken of Ordinance
10 69-59 and, in particular , the sections cited herein.
11 46 . Plaintiffs are informed and believe, and thereon
12 allege that defendants BRUZZONE and DOES 1 - 25, inclusive,
13 violated each of the sections of Ordinance 69-59 cited herein
14 by means of :
15 A. Improper grading of said defendants ' property;
16 B. Improper interference with the natural flow of
17 storm waters from the property of said defendants onto
18 plaintiffs ' property;
19 C. Improper failure to provide berms, swales, or
20 other devices to prevent surface waters from flowing over and
21 onto said defendants ' property and onto plaintiffs ' property,
22 damaging the face of the slope;
�3 D. Improper failure to maintain proper drainage
24 facilities on said defendants ' property;
25 E. Improper failure to prevent nuisances by said
26 defendants to be plaintiffs because of drainage, removal of
27 natural support of land, encroachment, noise and vibration.
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ATTORNEYS AT LAW
ESIS COLLEGE AVENUE
OANLANO,CALIF.94610
IA I S I 653-71 41
1 47 . Plaintiffs are informed and believe and thereon
2 allege that the violations of Ordinance 69-59 by said defendants
3 proximately caused the damages to person and property alleged
4 herein , which the Ordinance was designed to prevent, and which
5 Ordinance was adopted to protect the class of persons such as
6 plaintiffs herein .
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KLerx s MOLL —15— 1 O
ATTORNEYS AT LAW
9515 COLLEGE AVENUE
OAKLAND,CALIF.94619
44151 655-7141
1A-9
AORT TITLE: CASE NUMBER:
SIMPSON' v. BRUZZONE 251096
NINTH CAUSE OF ACTION—General Negligence page 16
(number)
ATTACHMENT TO i3aComplaint Cross-Complaint
(Use a separate cause of action form for each cause of action.)
GN-1. Plaintiff(name): LESTER L. SIMPSON and HELEN SIMPSON
alleges that defendant(name): RUSSELL J. BRUZZONE and. JOAN E. BRUZZONE
[&poesl to 25
was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act. defendant
negligently caused the damage to plaintiff
on(dale): March 1983
at(place): 39 Brookdale Court and 899 Hope Lane, Lafayette, California
(description of reasons for liability):
by developing a fire road, removing vegetation, improperly
designing, inspecting, grading, managing, . maintaining the steep
slope on defendant ' s property at 899 Hope Lane, and improperly
placing or allowing to be placed debris, earth, mud and fill on the
slope and failing to stabilize the slope, and other acts and omissions.
It was reasonably foreseeable that, as a result of these acts
and omissions, water collected, accumulated, concentrated, and
was diverted and directed to flow over and through the slope so that
the slope became saturated and liquefied and ultimately it failed.
When the slope failed, it was reasonably foreseeable that substantial
amounts of mud, earth, debris, fill and other. matter slid and
flowed onto plaintiff ' s property, causing grave injury to
plaintiffs ' property
GN-2. Plaintiffs reallege and incorporate by reference the
allegations in paragraphs 2 , 5, 8, 9, 10 , 13 14, 15, 16, 20,
21, 31, 32, 33, 35, 36, 38 and 39 of this complaint.
141
Form Approved by the
Judicial Council Of California
EeectRule 982.sal 1982 CAUSE OF ACTION—General Negligence CCP 425.12
IA-13
SHORT TITLE: CASE NUMBER:
SIMPSON v. BRUZZONE 251096
TENTH CAUSE OF ACTION—Premises Liability Page 17
(number)
ATTACHMENT TO CR Complaint Q Cross-Complaint
(Use a separate cause of action form for each cause of action.)
Prem.L-1. Plaintiff(name): LESTER L. SIMPSON and HELEN SIMPSON
alleges the acts of defendants were the legal(proximate)cause of damages to plaintiff.
On (date): March 1983 plaintiff was injured on the following premises in the following
fashion(description of premises and circumstances of Injury):
Defendants BRUZONNE and DOES 1 — 25, inclusive, performed various
acts and omissions on and to the proeprty of said defendants and
in the management of said property as to create an unreasonable
probability of damage to plaintiffs by the diversion and flowing
of earth, water and other material from the property of said
defendants over and .onto the property of plaintiffs,
Prem.L-2. =Count One—Negligence The defendants who negligently owned, maintained, managed and operated
the described premises were(names):
Q Does to
Prem.L-3. Q Count Two—Willful Failure to Warn [Civil Code section 846] The defendant owners who willfully
or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were
(names):
=Does—to-
Plaintiff,
Does toPlaintiff, a recreational user, was Qan invited guest Qa paying guest.
Prem.L4. Q Count Three—Dangerous Condition of Public Property The defendants who owned public property
on which a dangerous condition existed were(names):
Q Does to
a. Q The defendant public entity had =actual =constructive notice of the existence of the
dangerous condition in sufficient time prior to the Injury to have corrected it.
b. Q The condition was created by employees of the defendant public entity.
Prem.L-5. a. Q Allegations about Other Defendants The defendants who were the agents and employees of the
other defendants and acted within the scope of the agency were(names):
Q Does to
b. = The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are
Q described in attachment Prem.L-5.b =as follows(names):
Prem. L-6 . Plaintiffs reallege and incorporate by reference the
allegations in paragraphs 2, 5, 8, 9,10,13, 14 ,15,16 , 20, 21 ,
31,32, 33,35, 36 ,38 and 39 of this complaint. (' ( 142
Form Approved by the
Judicial C &mu of CNilornis
f"eC Rule ss21(5) f sss CAUSE OF ACTION—Premises Liability CCP 425.12
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EX�Z•gZ� A
y ` 251196
:Nu,,j st 23 , 1983
Mr , Russell J. Bruzzone
899 ;lope Lane
'Lafayette, CA 94549
Dear ttr . Druzzonal
I rer-resent your neighbors, Lee and Helen Simpson, at 39
Brookdale Court. You have been aware for some time that your
property behind the Simpson residence has slid and obstructed Las
Tra-npas Creek. Unfortunately, you have done nothing to stabilize
your property or remove the encroaching soil . You have been on
notice of this problem since March of 1983 as is documented by
letters from the City of Lafayette . You have not taken any action.
At this time I :rust request that inmediate repair measures be taken
3o as to avoid damage to the ^impsons' property and other properties
along Las Trampas Creek. Please contact me immediately or have your
Insurance carrier contact me so that the Proper repairs can be Made
before the onset of this winter' s rains.
Thant you for your courtesy and cooperation .
eery truly yours,
AIA,,' 11. MAYER
AMM: se
ccs !fir . a Mrs. Lester Simpson
Harvey N. Kletz, Esq,
EXHIBIT B
� � 144