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Home My WebLink AboutMINUTES - 12041984 - 1.17 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT December 4, 1984 governed by the Board of Supervisors, ) The copy oft s document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes _ ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Linda M. Dickson County Counsel Attorney: John H. Mount, Esq. Law Offices of Arnold Laub N O V 7 1984 Address; 43 Panoramic Way Walnut creek, CA 94595 Martinez, CA 94553 Amount: Unspecified By delivery to clerk on Date Received: November 2, 1984 By mail, postmarked on October 25, 1984 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: November 2, 1984 PHIL BATCHELOR, Clerk, Byeputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) ( ) 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. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: Deputy County Counsel III. FROM: Clerk of the Board T0: �1)...Co ty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present ( �Q This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: 0,,1,& v, i y �y PHIL BATCHELOR, Clerk, By O. U• �� Lam' , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board T0: (1) County Counsel, (2) 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 memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703• ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: /z_ 7- PHIL BATCHELOR, Clerk, By Deputy_ '" _ _�.� � , Deputy Clerk cc: County Administrator (2) County Counsel (1) 0 0 21 CLAIM RECEIVE] TO: CLERK 1 BOARD OF SUPERVISORS PHIL SATC14ELOR P.O. BOX 911 �A CLERK BOARD OF SUPLAVISCR: I CONIC, CO.,HCU. 2 Martinez , CA 94553 o 3 4 NOTICE OF CLAIM FOR PERSONAL INJURIES DUE TO NEGLIGENCE (PURSUANT TO GOVERNMENT CODE SECTION 910. 2 ) 5 6 1 . CLAIMAINT: LINDA M. DICKSON 7 4116 Barranca Street E1 Sobrante, CA 94803 8 2. SEND NOTICES TO: JOHN H. MOUNT, Esq. 9 LAW OFFICES OF ARNOLD LAUB 43 Panoramic Way 10 Walnut Creek, CA 94595 a N m4' < 11 3 . CIRCUMSTANCES OF CLAIM: On October 1, 1984, Claimant was 6 CZ 0a zil: o $ 12 in a vehicle which was on San Pablo Dam Road, E1 Sobrante, Contra U 2 f �< a 4G � um, 13 Costa County, California, when without warning LLOYD EDWARD CONNER 0" J °Z <Z ¢ a W " 14 a �� < driving a vehicle owned by Contra Costa County changed lanes ame d i 15 striking the vehicle claimant was in. e 3 16 4. INJURIES: Cervical, thoracic, lumbo-sacral sprain/strain. 17 5, NAME OF PUBLIC EMPLOYEE: Said Contra Costa County vehicle was 18 being operated by LLOYD EDWARD CONNER. 19 6 . DAMAGES: The exact amount of damages is unknown at this date; 20 however, said damages are believed to be in excess of Fifteen Thousand 21 Dollars ($15, 000.00) . 22 7. COMPUTATION OF DAMAGES: Damages will be computed for medical 23 expenses incurred in treatment of claimant' s injuries and wage loss 24 incurred as a result of said injuries 25 DATED: October 1984 26 G/ J HN H. MOUNT, Attorney at Law 00 22 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT December 4, 1984 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Sgt. Anthony D. Easter County Counsel Attorney: William M. Sanders/Richard C. Bennett Bennett, Righetti & Johnson OCT 3 0 1984 Address: P.O. Box 817 Oakland, CA 94604 Martinez, CA 94553 Amount: $1,500,000.00 By delivery to clerk on Date Received: October 30, 1984 By mail, postmarked on October 26, 1984 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: October 30, 1984 PHIL BATCHELOR, Clerk, By �ptcvri�d.� Deputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) V) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: tiBy: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present ( �Q This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: 1jLt,,. 4 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6)-months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 70: (1) County Counsel, (2) 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 memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: 7 6s< PHIL BATCHELOR, Clerk, By Deputy Clerk cc: County Administrator (2) County Counsel (1) 0 0 2 3 CLAIM WILLIAM M. SANDERS, ESQUIREi7t.e�ojc_p� RICHARD C. BENNETT, ESQUIRE 1 ! BENNETT, RIGHETTI & JOHNSON RECEIVED ATTORNEYS AT LAW 2 I 1410 JACKSON STREET P. O. BOX 817 OCT 2c' 1?4 3 OAKLAND, CALIFORNIA 94604 E (415) 444-0456 PHIL BATCIIE.OR j CL"K BOARD Of SuPt"!MPS 4 ! e Orr,::.CO.:.:L' . rj i ATTORNEYS FOR Claimant 6 � i 7 8 CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA and 9 OFFICERS DARRYL MOCK and RONALD SITTINGER 10 To: The Board of Supervisors CONTRA COSTA COUNTY 11 651 Pine Street Martinez , California 94553 12 13 Claimant ' s Name, Address Sgt. Anthony D. Easter and Telephone Number: 2142 Knox Avenue 14 Pittsburg, California 94565 ( 415) 427-1217 15 16 Address To Which Notices William M. Sanders, Esquire Are To Be Sent: Richard C. Bennett, Esquire 17 BENNETT, RIGHETTI & JOHNSON P.O. Box 817 18 Oakland, California 94604 19 Amount of Claim: $1 , 500 ,000 . 00 20 Date Claim Accrued: July 25 , 1984 21 Place Claim Accrued: West Pittsburg, at or near the Ambrose Park near Wollam Avenue 22 23 Circumstances of Claim: Claimant, Sgt. ANTHONY D. EASTER, is the natural son of decedent, 24 Alton Leroy Smith. Officers DARRYL MOCK and RONALD SITTINGER, 25 are and were deputy sheriffs employed by the COUNTY OF CONTRA 26 COSTA Sheriff ' s Department and were 00 ' 24. 1 Circumstances of Claim: in the course and scope of .their (cont 'd ) employment at the time of th}s 2 incident. 3 On or about July 25, 1984, at or near Ambrose Park in West Pittsburg,, 4 California, Officers MOCK and SITTINGER responded to a call of a 5 I man in a parked car. Officer SITTINGER arrived first and the 6 decedent is alleged to have pulled a knife on him in a threatening 7 manner at that time. Officer SITTINGER called for back-up and 8 by the time Officer MOCK arrived, 9 Officer SITTINGER had gotten the decedent to drop the knife. As 10 Officer MOCK arrived at the scene, Officer SITTINGER had reholstered 11 his service revolver but due to the negligence and carelessness of the 12 Officers, when decedent moved forward, Officer MOCK shot the 13 decedent with a 12-guage shotgun, even though there was no life- 14 threatening situation to justify such action, nor was he in fear of 15 his own safety/life or that of Officer SITTINGER. 16 By their carelessness and 17 negligence, decedent and Claimant were deprived of their civil rights. 18 19 Itemization of Injuries : Regarding the death of Alton Leroy Smith, Claimant, Sgt. ANTHONY D. 20 EASTER, lost the love, society, comfort, support, companionship and 21 affection of the decedent and have paid the attendant funeral and 22 burial expenses for the deceased in amounts that will be proven at 23 the appropriate time. 24 DATED: October 26 , 1984 BENNETT, RIGHETTI & JOHNSON 25 26 WILLIAM MAND RS, ESQUIRE RICHARD C. TT, ESQUIRE Attorneys for Claimant 00 25 -2- CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA =DM, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT December 4, 1984 governed by the Board of Supervisors, ) The copy of- s document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Gover a otion 913 and 915.4. Please note "`�'1.a ". Claimant: Envar Industries N O V 7 1984 Attorney: Jonathan Daniel Adams Low, Ball & Lynch Martinez, CA 94553 Address: 601 California St. San Francisco, CA 94108 Amount: Unspecified By delivery to clerk on November 2, 1984 Date Received: November 2, 1984 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: November 2, 1984 PHIL BATCHELOR, Clerk, By ,.y Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (� ) 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. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: dr — Deputy County Counsel III. FROM: Clerk of the Board TO: (1) Co ty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (x This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: 1 . , ,/ PHIL BATCHELOR, Clerk, By Q `fir , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail .to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 70: (1) County Counsel, (2) 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 memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: 1,;2-7-6y PHIL BATCHELOR, Clerk, By Q �1�— , Deputy Clerk cc: County Administrator (2) County Counsel (1) 00 26 CLAIM RECEIVED NOV A 1984 PHIL BATCHELOR CL-2K BOARD O SU►EQVISORS ONTRA ST CO. TO COUNTY CLERK, COUNTY OF CONTRA COSTA, CALIFO ENVAR COMMUNITIES, INCORPORATED HEREBY makes claim against the COUNTY OF CONTRA COSTA for indemnity for any amounts claimant is required to pay to plaintiffs ALBERT KESHESHIAN and LEONA KESHESHIAN arising out of Action No. 216537 filed in the Superior Court of California, Contra Costa County. Such claim is for an undetermined sum not anticipated to exceed one million dollars . Claimant makes the following statements in support of the claim: 1 . Claimant' s post office address is 131 East Willow Street, Stockton, California 95202 . 2 . Notices concerning the claim should be sent to LOW, BALL & LYNCH, 601 California Street, 21st Floor, San Francisco, California 94108 . 3 . This claim arises out of a complaint brought by plaintiffs ALBERT and LEONA KESHESHIAN, a notice of which was received by the claimant ENVAR COMMUNITIES, INCORPORATED on October 31, 1984. Claimant claims total and partial indemnity for any amounts it is required to pay arising out of the KESHESHIAN' S claim for a mandatory preliminary and permanent injunction, injury caused to the KESHESHIAN' S property, loss of use of the KESHESHIAN' S property, costs of suit, and other relief as requested in the KESHESHIAN complaint, a copy of which is attached hereto as Exhibit A. 4. The circumstances giving rise to this claim are as set forth in 3 . above. 00 27 5 . Claimant' s injuries, if any, are as set forth in 3 . above. 6 . The names of the public employees causing the claimed injuries, if any, are unknown at this time. 7 . The claim as of the date of this claim is as set forth in 3 . above. 8 . The basis of computation of the claim is as set forth in 3 . above. el �7 DATED: vh1c BY: ATHAN DANIEL ADAMS ehalf of Claimant NVAR COMMUNITIES, INCORPORATED 2 00 28 Fz) 1 ROBERT BRUCE STIFLING TERENCE G. CADY 2 1934 Contra Costa Boulevard D Pleasant Hill, CA 94523 L 3 Telephone: (415) 676-5160 4 Attorneys for Plaintiffs NOV 51980 5 CONT L,.s�cosre uCOUNTY 6 DwAy 8 SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY 9 10 11 ALBERT KESHESHIAN and ) 12 LEONA KESHESHIAN, 13 Plaintiffs, ) VS. -No. 210537 14 ) ENVAR COMMUNITIES, INC. , a 15 California corporation; ENVAR- COMPLAINT FOR MANDATORY LAFAYETTE COMPANY, a copartnership; ) PRELIMINARY AND PERMAN- 16 CREEGAN 6 D'ANGELO, INC. , a ENT INJUNCTIONS AND FOR California corporation; COUNTY OF DAb1AGES 17 CONTRA COSTA; PETER M. FERNANDES and ) 1g ELIZABETH FERNANDES, husband and wife; CITY OF LAFAYETTE; RICHARD P. BISHOP (Negligence/Trespass - 19 and MARIE 0. BISHOP, husband and wife; ) Property Danage) and DOES 1 through 50, 20 Defendants. ) 21 22 23 PLAI14TIFFS ALLEGE: 24 1. At all times herein mentioned, plaintiffs were, I 25 and now are, the owners and occupiers of certain real property 26 situated in Contra Costa County, California, and the buildings and 27 improvements thereon, commonly known as 1234 warner Court, 28 Lafayette, California, and more particularly described as Lot 560 EXHIBIT "A" 00 29 1 as designated on the map entitled "Acalanes Valley Unit No. 5, 2 Contra Costa County, California, " filed in the office of the 3 Recorder of the County of Contra Costa, State of California,- on 4 April 23, 1952 , in Volume 46 of Maps, at page 32. 5 2 . At all times herein mentioned, the westerly 6 property line of plaintiffs' property was, and is, bounded by what .7 is and will herein be referred to generally as a "watercourse". 8 Prior to the making of certain changes hereinafter particularly 9 described, said watercourse began on and at a tributary area 10 upstream from plaintiffs' property, continued . downhil onto and 11 through that land owned by defendants BISHOP, and more fully 12 described hereinafter,thence onto andthrough plaintiffs ' land, and 13 then onto and through the various lands and properties lying 14 downhill from plaintiffs' property. 15 Prior to the making of certain changes hereinafter` 16 described, the amount of surface water falling on the above- 17 described properties and thence onto plaintiffs' property, was 18 restricted in its southerly flow to the area of the aforesaid 19 watercourse area, was relatively insignificant in volume and force 20 was diffuse in its path through plaintiffs' property, and did not 21 cause damage to plaintiffs' property. 22 3. Plaintiffs are ignorant of the true names and 23 capacities of defendants sued herein as DOES 1 through. 50, and 24 therefore sue these defendants by such fictitious names. Plaintiffs 25 will amend this complaint to allege their true names and capacitie 26 when ascertained. Plaintiffs are informed and believe and thereon 27 allege that each of the fictitiously named defendants is responsible 28 in some manner for the occurrences herein alleged. 2. 00 30 i 1 4 . At all times herein mentioned, defendant ENVAR 2 COMMUNITIES, INC. , was, and is, a corporation organized and 3 existing under the laws of California, with corporate offices 4 located at 1333 Meridian Avenue, San Jose, Santa Clara County, 5 California. 6 5. At all times herein mentioned, defendant ENVAR- ? LAFAYETTE COMPANY was a -"copartnership" , and doing business in 8 Contra Costa County, California. 9 6. Plaintiffs are informed and believe and thereon 10 allege that at all times herein mentioned, defendants DOES 1 ll through 10, were, and are, partners in and of defendant ENVAR- 12 LAFAYETTE COMPANY and at all times relevant herein were acting 13 in the course and scope of their authority as such. 14 7. Plaintiffs are informed and believe and thereon 15 allege that at all times herein mentioned defendants ENVAR 16 COMMM11TIES, INC. , and ENVAR-LAFAYETTE COMPANY, were members of 17 and engaged in a joint venture and common enterprise and acting 18 within the course and scope of and in pursuance of said joint 19 venture and common enterprise. 20 S. Plaintiffs are informed and believe and thereon 21 allege that at those times and places more particularly described 22 hereinafter, defendants ENVAR CO!IMUNITIES, INC. , and ENVAR- 23 LAFAYETTE COMPANY, (hereinafter referred to as ENVAR) , and each 24 of them, were acting in the capacities of owner, subdivider, � D 25 developer, general contractor and seller of that property situated 26 uphill from plaintiffs' property in that area generally re- 27 ferred to herein as the "tributary area". Until approximately 28 1976, when it was annexed to and made a part of the CITY OF 3. 00 31 I LAFAYETTE, said property was situated in and designated as an 2 unincorporated area of CONTRA COSTA COUNTY. 3 9. At all times herein mentioned, defendant CREEGAI7 4 b D'ANGELO, INC. , was, and is, a corporation organized and exist- 5 ing under the laws of California, and doing business as civil 6 engineers licensed to practice in the State of California, with 7 offices located at 11822 Dublin Boulevard, Dublin, Alameda 8 County, California. 9 10. Defendant COUNTY OF CONTRA COSTA is, and at all 10 times herein mentioned was, a political subdivision of the State 11 of California, created and existing under and by virtue of the 12 laws of the State of California. 13 11. Defendant COUNTY OF CONTRA COSTA was at those 14 times and places more particularly set forth below, the political 15 subdivision having both the authority and the responsibility for 1.6 reviewing, supervising and approving applications of defendants 17 ENVAR for approval of the subject subdivision to determine if the 18 proposed changes and improvements to the land in question were in 19 conformance with not only the applicable laws of said County, but 20 also that said proposed changes and improvements were such as woul 21 prevent otherwise foreseeable injury to lower property owners such 22 as plaintiffs herein by the discharge of storm waters from said s - 23 division; further, said defendant COU14TY OF CONTRA COSTA had the 24 duty to supervise the design, planning and construction of improve 25 ments on the subject subdivision, specifically including but not 26 necessarily limited to the storm drain more particularly described 27 hereinafter, to determine if said drain would in fact prevent 28 foreseeable damage to plaintiffs property below; 00 32 4. 1 further, defendant COU14TY OF CONTRA COSTA was, subsequent to the 2 completion of the subject subdivision in approximately October, 3 1974, chargeable with a continuing duty to inspect the aforesaid 4 storm drain and other means of preventing injurious flow of waters -5 onto plaintiffs' property below, and to take such steps as were 6 necessary to abate the flow of injurious waters to plaintiffs ' 7 property as hereinafter -alleged. The aforesaid duties of defendan 8 COUNTY OF CONTRA COSTA arose at all the times mentioned hereinabov , 9 and continued at least until that time in approximately 1978, not 10 yet specifically ascertained, when defendant CITY OF LAFAYETTE 11 annexed those lands and properties comprising the subject sub- 12 division. 13 12. Plaintiffs are informed and believe and thereon 14 allege that at all times herein mentioned defendants CREEGAN & 15 W ANGELO, INC. , undertook to perform all the duties of a civil 16 engineer on the subject residential subdivision(including the 17 planning, design, supervision and construction as a means 18 necessary to prevent the injurious flow of waters from said 19 subdvision onto the properties of lower owners, including 20 plaintiffs.) 21 13. Defendants DOES 11 through 30 are agents or 22 employees of defendants E14VAR and/or CREEGAi7 & D'A14GELO, INC. , 23 and at all times relevant herein were acting in the course and 24 scope of said agency or employment. 25 14. Plaintiffs are informed and believe and thereon 26 allege that at all times herein mentioned, each of the aforesaid 27 defendants participated in the doing of the acts or omissions 28 herein alleged to have been done by the named defendants , and the G0 33 s. ] defendants named as DOES 1 through 30, and furthermore, the 2 defendants , and each of them, were the agents, servants and employ $ ees of each of the other defendants, as well as the agents of 4 all defendants, and at all times herein mentioned were acting 5 within the course and scope of said agency and employment. 6 15. Defendants PETER M. FERNA14DES and ELIZABETH I FERNANDES, husband and wife, (hereinafter FERNANDES) are the 8 owners and occupiers of that real property commonly known as 216 9 Happy Hollow Court, presently situated in the City of Lafayette, 10 Contra Costa County, California, and more particularly described 11 as Lot 12, Map of Tract 4380, filed October 30, 1974 , "Map Book 12 174 , Page 7, Contra Costa County records. Said property is one 13 of the residential properties developed and built and in other 14 ways changed as more particularly described hereinbelola by 15 defendants hereinabove named, and on which was placed and is now 16 situated a storm drain which discharges an injurious flow of 17 storm water down onto plaintiffs' property, thereby causing and 18 threatening the damage hereinafter described. 19 16. Defendants RICHARD P. BISHOP and MARIE O. 20 BISHOP, husband and wife, are presently the owners of undeveloped 21 real property, a substantial portion of which lies generally 22 northerly an8 easterly from plaintiffs' property. Said property 23 owned by defendants BISHOP is more particularly described in 24 Exhibit "A" to the Grant Deed conveying said property to defendant 25 BISHOP, a copy of which is attached hereto and incorporated by 26 reference as Exhibit "A" . 27 The generally northwesterly portion of the aforesaid 28 property of defendants BISHOP lies generally between plaintiffs' s 00 34 I property and that property owned by defendants FERNANDES as herein 2 above described. (The discharge of storm water from the above- 3 described storm drain located on the FEMIA11DES property runs in 4 a downhill course through the aforesaid BISHOP property and thence 5 onto and about the plaintiffs' property, resulting in the damage G hereinafter alleged. I 7 The relative positions of the above-described 8 properties is perhaps best illustrated by a plat map of the 9 general area, which is attached hereto and incorporated herein 10 by reference as Exhibit "B" . 11 17. Defendant CITY OF LAFAYETTE was, and is,at those 12 times and places particularly set forth below, a municipal corpor- 13 ation existing under and by virtue of the laws of the State of 14 California, and located in Contra Costa County. 15 18. Defendants DOES 31 through 40 were at all times 16 herein mentioned, and are, &cents and/or employees of defendant 17 CITY OF LAFAYETTE, and at all times relevant herein were acting 18 in the course and scope of said agency or employment. 19 19. Plaintiffs are informed and believe and thereon 20 allege that during the year 1978 defendant CITY OF LAFAYETTE 21 annexed to itself those lands and properties comprising the 22 subject subdivision; thereafter, commencing at some date not yet 23 specifically ascertained, and continuing up to and including the 24 present, said defendant CITY OF LAFAYETTE was, and is, the 25 political subdivision having both the authority and the responsi- 263 bility for inspecting, supervising, maintaining, repairing or 27 in other ways causing to be maintained or repaired, those con- 28 structions and improvements on the subject subdivision created 7• 00 35 r 1 r i I thereon for the protection of lower property owners such as 2 plaintiffs herein, specifically including but not necessarily 3 limited to the subject storm drain, in order to prevent foresee- 4 able damage to plaintiffs' property below. 5 20. On or about March 28 , 1974, defendants ENVAR 6 made application to the -Planning Commission 'of defendant COUNTY 7 OF CONTRA COSTA for approval of a tentative map of the subject 8 subdivision designated as Subdivision No. 4380, a proposed 9 residential development on that property hereinabove referred to 10 generally as the "tributary area". 11 On or about May 28, 1974, the aforesaid Planning 12 Commission of defendant COUNTY OF CONTRA COSTA recommended that 13 said tentative map of Subdivision No. 4360 be approved for 14 development "conditionally" , with conditions which included that 15 defendants ENVAR undertake and make provision to avoid or prevent 16 subdivision lots fron draining into adjacent properties. 17 21. Plaintiffs are informed and believe and thereon 18 allege that beginning at some time not yet specifically ascer- 19 tained but which they believe continued until approximately 20 October, 19741 defendants ENVAR and defendant CREEGkN i W ANGELO, 21 INC. , and each of them, undertook to plan, subdivide, design, 22 and construct the aforesaid residential subdivision, Tract No. 23 4360, and improvements thereon, including but not necessarily 24 limited to that particular storm drain referred to hereinabove 25 and which begins roughly at the northerly boundary of the afore- 26 said Lot No. 12 bounded by Happy Hollow Court, and terminates 27 on the same Lot No. 12 wherefrom it discharges storm water with 28 such force and velocity as to cause erosion which has caused, 00 36 R 1 continues to cause and threatens to cause damage to plaintiffs ' 2 property as hereinafter alleged. 3 22. At all times herein mentioned, defendants , and 4 each of them, in their respective capacities as hereinabove 5 alleged, owed to plaintiffs duties which include, but are not 6 necessarily limited to, a duty to use due care in their respective 7 capacities, as aforesaid, so as to prevent the injurious flow of $ waters onto and about plaintiffs' property. 9 23. Beginning in or about 1974 , and continuing up to 10 and including the present, defendants, and each. of them, in their 11 various and respective capacities, as aforesaid, and at those 12 times and places hereinabove described, negligently acted and/or 13 failed to act in a manner consistent with a duty of due care owed 14 to plaintiffsto prevent the injurious flow of waters from their 15 respective properties onto that of plaintiffs. 16 24. Beginning during the month of January, 1960, 17 plaintiffs discovered that the above-described discharge of water 18 from the subject drainage and its subsequent flow crossed the 19 property of defendants BISHOP and thence onto their own property 20 was of such force and velocity so as to result in the erosion 21 of a substantial part of plaintiffs' property, with resulting 22 subsidence of a hillside on top of which is situated 23 plaintiffs' dwelling house and swi=u. ng pool. 24 25. As a further proximate result of the aforesaid 25 acts or omissions of defendants, and each of them, 'plaintiffs are 26 informed and believe that further substantial damage in the form 27 of erosion and subsidence will occur in the manner above 28 described. 9. 00 37 1 26. On or about March 26 , 1980, and prior to the 2 filing of this complaint, plaintiffs presented to defendant 3 COUNTY OF CONTRA COSTA, within the time and in the manner pres- 4 cribed by law, their claim for damages sought herein, which 5 claim was denied on or about May 6, 1980, and a copy of notice 6 of said rejection mailed to plaintiffs by letter dated May 6, 7 1980. 8 27. On or about March 26, 1980, and prior to the 9 filing of this complaint, plaintiffs presented to defendant CITY 10 OF LAFAYETTE, California, within the time and in the manner 11 prescribed by law, their claim for damages sought herein, which 12 claim was denied in writing by said defendant on or about 13 October 13, 1980, and a copy of notice of said rejection mailed 14 to plaintiffs by letter dated October 14, 1980. 15 28. As a result of defendants' acts and/or omissions 16 referred to above, plaintiffs have sustained and will sustain 17 great and irreparable injury, in that the above-described damage, 18 erosion and subsidence is of such nature and extent that allowing 19 it to continue unabated threatens to further erode plaintiffs' 20 property, and cause subsidence thereof in a manner that will 21 foreseeably cause injury not only to the land but to the improve- 22 rents thereon, including plaintiffs' dwelling house and swimming 23 pool. 24 29. Plaintiffs cannot be fully compensated in 25 damages for the nature and extent of the threatened damage and 26 are therefore without an adequate remedy at law because the 27 exact amount of damage plaintiffs will sustain is, or will be 28 difficult to ascertain; further, time is of the essence inasmuch 10. 00 38 I as the beginning of the winter rains is imminent and is expected 2 to cause further, extensive and irreparable injury to plaintiffs' 3 property; further, plaintiffs have attempted to exhaust adnin- 4 istrative remedies against the COMITY OF CONTRA COSTA and the 5 CITY OF LAFAYETTE, as and in the manner above described, with a 6 result that their clains for damages were denied; moreover, litigation that would arise from this complaint for damages 8 against multiple defendants is expected to result in a multi- 9 plicity of suits and/or cross-complaints, and may generate ill 10 feelings in the local community and will impair the cooperation 11 among the parties herein which plaintiffs believe is necessary 12 for the successful resolution of the subject problem. 13 30. As a further result of defendants' acts referred 14 to above, plaintiffs have sustained damage in a sum believed 15 to be in excess of the jurisdictional limits of the above- 16 entitled Court, but which is not yet fully ascertained; further, i 17 the above-described condition resulting from the negligent acts 18 and/or •omissions of the defendants, and each of them, is permitted 19 to continue, further damage is expected to occur in an amount 20 that will be alleged when such additional damages have been 21 ascertained. 22 WHEREFORE, plaintiffs pray judgment against defendants 23 and each of them, as follows: 24 1. For a mandatory preliminary and permanent 25 injunction against defendants, and each of them, ordering them to 26 undertake whatever means necessary to prevent the further and 27 injurious flow of surface waters onto plaintiffs' property from 28 the aforesaid properties lying to the north of plaintiffs land; 00' 39 - 11. 1 2. For a mandatory injunction against defendants , 2 and each of them, ordering then to repair the damage to plaintiffs 3 property that has already occurred as a result of the above- 4 described conduct of defendants, and each of them, including but 5 not necessarily limited to the filling with appropriate- material 6 of those areas of plaintiffs' property already damaged by erosion; 7 3. For a mandatory injunction against defendants , 8 and each of them, ordering them to remove all materials and debris 9 and other foreign matter deposited upon plaintiffs' property as 10 a result of the above-described injurious flow of water from the 11 uphill property owners; 12 4. For injury caused to plaintiffs' property,damages n 13 sum not yet specifically ascertained in accordance with proof; 14 5. For the loss of use of plaintiffs' property until 15 the same can be restored to its natural condition, in accordance 16 with proof; 17 6. For costs herein incurred; and 18 7. For such further and other relief as the Court 19 deems proper. 20 Dated: November .S , 1980. �. 21 22 23 Attorney for Plai iffs 24 We, the undersigned, declare: 25 We are the plaintiffs in the above-entitled action 26 and we have read the foregoing complaint and know the contents 27 thereof, and we declare that the same is true of our own knowledge 28 except as to those matters which are therein stated upon our 12. 00 40 1 information or belief and is to those matters, we believe it to 2 be true. 3 We declare under penalty of perjury that the foregoing 4 is true and correct. 5 Executed on November 1980, at Pleasant Hill, CA. 6 7 - L $ ALBERT RESHESHIAN 10 11 LEONA RESHESHIAN 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. 00 41 J iwggD i R(CDMXD AT MO"Or Alm t..a+ra mumm nr.w �. COTTA on orstG..RECORD!os �. ltitr ►. 11� nY...cc•.,•C VOM 't t t...rr 11rw s' tt !e i . C15iG�1 C..yode 1 �► mar`, lirts�• !+ ' so.a rtwwoy rt twi• W.. tn.w.wow w d L� Rl1R Z ta.wat: ON p %tyU ut er wM lrU m.as b CA..MtO . •Y Laws t YG Jt.c�r...ut u...•••�c.�t.n d wt GRANT DEEDAng" on i off ►. me -mm !. 0mr, Il• was, tr }ls tit• r.+-.•r.ri v r.w.r t.•cmki .r-."• team COMM....... ........ . tw I airrilmwm! Irr trtsi•r lmyi wntresw so Wtae ti• unmand la.t► rt!rr• • art tom►. L t. Llai n m s txrtatra w Wawa 1 .w R t... r.r.•r t a a r t.r js u.rA. .....w�.+ S. m. . low" a � t.-..r•r• waif.Tax OrTAIMMIEW" IMMICTacp&1@6 42 EXHIBIT 'A" • l ' V es I. mom - 331131 11 eortlae Of the taadeo Ceneb bet Slag&, SsstAaro fart, !&margo as follows$ Sef eedng at a Wr w ale sortkors Mee of%e /areal of lead df►alrupad to afm some free &AWrome It. 16e1dermos, at aa, M Sa(of 6 M►ato'# a earyarorisa. blas Aefvt 35, 1961 aa[ reeerdee te*trvofar 35. 1"1 Is Seek 1117 a( C(lsoal Samrdf u Tye W, said peLmt►flog 1&e serllw oftmra sm as at Lot 06. as me" it to ok0via w tko mase awldsik, •Thai 3083, Carla Caen Ce640, Catw►tiaa. SW as Oft 10"r 318, 104, Lm t►f atmos•of w Ceerdy Sanfias of aLM Css■q. Is Meek K of lasts. at Phase Ml ttwaae ts4a sad}slat of ►erslmdq&Long a" wasters Ills of sde'Taft Beal'as ded3wet aback s• IS' W stamp. m Is seek am& M' 31'or mark is teem. *a& r w 1T stoat. 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Nod it so s0ef troy •409 f beta'. s O"T.ssll.a, tr %Aril P. barter, of 1116 6109 Ir+om&w ", 1161 and rscal-ad Oetea4er 84 1964 L beet NO of omeiat Srearee at slage 71s. a and V am dad Goes Sees a bvife'e a aaepope tiw to Clae464 i v&4ur 06mmia, tr., tss. lope 11r►aadoer to 1114 Bad gas" ad 3t&aaalq it, 11111 is book 28e of 0MLs t LtseMe at ftSe 171, 14W.M left to tilt.seat .arseu savvier of lad 61, w mW sat is sbmvis as w arae cmdaLsd. `Amafames WAAW, Yak toe. S. Garr. Cela. Cesar, a"Asm"'. AMAd as 4ru 334 11111 is 160 dice at w Gsssq 11"me4ar of red Cemmtr, to b«t da st last V Asa S k/flare waft as Swam& Ars oaf mw%4&mlr+ Mmes of saN-Asslaaae V%Uw Suer she, 11"ata..m sa• OR,611• fors, dal dom end Yore►W li' 410 •eek UAL.Is Pas to ifs maaesa moss of LI 17, M NU In Is Ms as ae vest adML44 PSassaests awljr, 113 tr. 46 C000n Coati Cmosty Catl6eefi`, dMd as As" Us � MM IN v tie&of mons cond1$"WOW at grid " kj, in Saes H of wN me I VWV s1 tfaes. 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CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT December 4, 1984 governed by the Board of Supervisors, ) The copy oft s document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings" Claimant: Michael & Marta Hern, and Jennifer and Julia Hern (Minos County Ooil Attorney: Jane Elliot OCT 3 0 1984 Dodge, Reyes, Brorby, Randall, Mitgang & Titmus Address: 1407 Oakland Blvd. , Suite 100 Martinez, CA 94553 Walnut Creek, CA 94596 Amount: $400,000.00 By delivery to clerk on Date Received: October 30, 1984 By mail, postmarked on October 29, 1984 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: October 30, 1984 PHIL BATCHELOR, Clerk, By Deputy o enc Eawards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) X ) 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. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: /o -.?n, -qty By: c C ,,d,.,�C a_.z Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (A This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: /yyV PHIL BATCHELOR, Clerk, By Q. /�� `�iL�r�r�1 _, Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) 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 memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: i..;!- 7-.,;ll PHIL BATCHELOR, Clerk, By Deputy Clerk cc: County Administrator (2) County Counsel (1) 00 45 CLAIM dft TO: TOM TORLAKSON RECEIVED Chairman of the Board Board of Supervisors OCT 30i1Q4 Contra Costa County 651 Pine Street MIL BAXIMIOR ERR BOARD Of SUPER%P:SGE: Room 106 Martinez , CA 94553 Michael Hern and Marta Hern , individually and in behalf of the minor claimants , Jennifer Hern and Julia Hern , hereby make claim against the County of Contra Costa , a public entity, for the sum of $100 , 000 each, for a total sum of $400 ,000 , and make the following statements in support of the claim. 1 . Claimants ' post office address is : 2343 Riverview Drive Concord , CA 94520 2 . Notices concerning this claim should be sent to : Jane Elliot Attorney at Law DODGE , REYES , BRORBY, RANDALL, MITGANG & TITMUS 1407 Oakland Boulevard , Suite 100 Walnut Creek , CA 94596 3 . The wrongdoing (which occurred in Contra Costa County) giving rise to this claim, was unknown to and undiscovered by the claimant until approximately September 28 , 1984 . 4 . In approximately March of 1983 , claimant Michael Hern' s daughter , Jennifer Hern, informed him that she was being sexually molested on an ongoing basis , by her stepbrother, a juvenile , who was living in the family home . Michael Hern discussed this situation with a therapist who immediately called Contra Costa County' s Child Protective Services . Until approximately Septem- ber 25 , 1984 , Michael Hern , Marta Hern , Jennifer Hern, and Julia Hern were unaware of Penal Code §§11165 et seq. , which mandates the reporting of incidents of " child molesting" to "the law enforce- ment agency having jurisdiction" . Claimants are informed and believe , and thereon allege , that Contra Costa County ' s Child Protective Services did not make such a report as required by law. On or about May 3 , 1984 , a police report was made by another therapist. As a result of that report , a petition was filed in juvenile court and the stepbrother was removed from the family home . 00 46 w 5 . The claimants are informed and believe and theron allege that the name of the Child Protective Services employee who was originally told of the molestations is Peter Harris . The names of other Child Protective Services employees who had a duty to report the molestations to the police but who did not , are unknowni to claimants . 6. Injuries are : Severe mental and emotional distress to all claimants resulting from the juvenile offender ' s continuing presence in the family home for more than one year after Child Protective Services was notified of the molestation problem. 7 . The basis for computation of the above claim amount is as follows : Medical expenses incurred to date ) Estimated future medical expenses ) unknown at this time General damages ) Total per claimant $100 ,000 . 00 Michael Hern , individually 4. MXZtF Hern, indi idu lly /zf-�/ ' . /,CA/L.L Michael Hern qfnd, Marta Hern for the minor claimants Jennifer. Hern and Julia Hern . DATED : f LAtt�orney for Michael Hern and Marta Hern and for the minor claimants Jennifer Hern and Julia Hern 00 47 1 I , MARY L. WEEKS , declare that I am over the age of eighteen 2 years and ' not a party to the within action; I am employed in the 3 County of Contra Costa and my business address is 1407 Oakland 4 Boulevard , Suite 100 , Walnut Creek , California 94596 . 5 On October 29 , 1984 , I caused the attached : 6 Claim re Jennifer Hern molestation 7 8 to be mailed on all interested parties in said cause as listed 9 below and addressed as follows : t d 10 SECRETARY = Board of Supervisors 8 $ 11 Contra Costa County Wa 651 Pine Street a 12 Room 106 o Q Martinez , CA 94553 i13N y W O W P W Y � = 14 m s4 15 La0 16 8 17 18 19 20 I declare under penalty of perjury under the laws of the State 21 of California that the foregoing is true and correct . 22 DATED: /0/,.1 23 24 Mary K Meeks 25 I 26 CO 48 i7 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE 110 CLAIMANT December 4, 1984 governed by the Board of Supervisors, ) The copy oft s document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Brian Johnson, Inc. County Counsel 109 Minna St. , #215 Attorney: San Francisco, CA 94105 N O U 0 1 1984 Address: Hand-carried Martinez, CA 94553 Amount: $679,95 By delivery to clerk on November 1, 1984 Date Received: November 1, 1984 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated; November 1, 1984 PHIL BATCHELOR, Clerk, By � � Deputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors ``// (Check only one) (>1 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. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County ounsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (x) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: d}�e�..i, /y�� PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) 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 memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: /,2- `L` -JI/ PHIL BATCHELOR, Clerk, By SLS ��- , Deputy Clerk cc: County Administrator (2) County Counsel (1) 0 4 9 CLAIM 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 entity, 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. r� RE: Claim by ) Reserved for Clerk' s filing stamps ENOV ,, Against the COUNTY OF CONTRA COSTA) 1984 IOE or DISTRICT) FENIsonFill in name) Ao. , The undersigned claimant hereby iaakes claim against the County of Contra Costa or the above-named District in the sum of $ 67q, 9s and in support of this claim represents as follows : ------ - - ----------------------------------------------------------- 1. When---d-id-the damage or injury occur? (Give exact date and hour) -----------r-=-------------------/---a--------------------------------- 2. Where did the damage or in ury occulr? (Include city and county) �4 ------------------------------------------- did the damage or injury occur? (Give full details,--------------- j-7-go-w- se exra sheets vif required) �;W�C�s��- h*1 L/L`7�1�C•L�Wi,�-��L�-�'7 CciF.�PR�'1�� (viJ�'i"��D> 1✓J%�J�/flLC_ ------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? 00 50 (over) W"hat are the names of county or district officers , servants or employees causing the damage or injury? ; r. ('i'J, 371-'`Ki0 o/' 37z--Z21? -----------m-- ------------------------------------------------------ 6. What daage----or--injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) DfAJr-1/J LFA%Xth,`. �20R,2I�W- SiD�=L/G�4715j ------------------------------------------------------------------------- 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. -------------------------E----------------------------------------------- 9. Lastwthe,.expendi tra you made on account of this accident or injury: LDAf� i 3 ITEM AMOUNT i f ***** ***7*'**V.W**A*,#*'*****�t************************************************ Govt. Code Sec. 910.2 provides : "The cl im signed by the claimant SEND NOTICES TO: (Attorney) or b me Person o 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. " 00 51 864'-BODY 864-BODY< '/?CTl2 Cf1L7UCZ DAMAGE REPORT yr1_ INCORPORATED AUTHORIZATION OF DATE ' O �I AUTO BODY REPAIRS REPAIRS DATE 312-8th STREET-SAN FRANCISCO,CA 94103 CAR OWNER QA(2L P PPR 1)meo --v ADDRESS 10 'i M/A'NA tl 2/)� CITY J'- MAKE 6ir" ' YEAR — LICENSE# `r72 - ZT<) STYLE ,3,201 -2 C' ' -31' MILEAGE S3jS�� SERIAL# 71syj~OI PHONE#WORK -s sex # HOME JF2l _C' ?S2` INSURANCE CO. POLICY# CL# DATE OF LOSS Line OP DESCRIPTION OF DAMAGE LABOR PART s _ 2 97 If It IPC r •Pi4 ITC 44ftlip, 4 Je I ,OJ 3 11 4 N Ir r, Ir d !O-P t.dLr 20� 5 ly Ii Ir L lY�l'�r /J 7 QrVfff,- .»`/ 9? s-j7 , 6 / I-?7 72 7 q Cameo. ify Q U� 8 . ;v; ,vv n . r/nL -3 .1rr�- HSL'=' Sf•�' 9 ewmtoe tI^ 4 vc,-. —' Co an r r' r67"" V,.A 10 7nee 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A=Align RR=Repair d Rechrome - TOTALS - O/H=Overhaul NI=Not Included S=Straighten or Repair O=Open N=New N/S=New or Straighten,Not to Exceed Cost of New Part Plus LABOR j 00 U=Used Labor,Decision Remains with Frank Chavez.Inc. R 81=Remove 8 Install for work OLD=Old Damage and is not included in this Report. PARTS I acknowledge all mechanical problems to be prexisting other than specified as part of this report. SALES TAX 1� 7 PLEASE READ BEFORE SIGNING: I hereby authorize the listed repair work and necessary sublet repairs,to be later detailed on invoicing,to be PREPAIDS TOW �- done,along with necessary materials.I hereby grant you and/oryour employees permission to operate car/truck " herein described on streets,highways,or elsewhere for purpose of testing andlor inspection at my risk.An expressed mechanic's lien is hereby acknowledged to secure the amount of repairs thereto.if action be instituted SUBLET pursuant to the terms of this contract.I hereby promise to pay such sum to FRANK CHAVEZ,INC,,as the Court may fix and reasonable attorney's fees. You are not responsiblefor loss or damage due to tire,theft.or other cause beyond your control.I have left no PARTS VARIABLE articles in car/truck.Storage will be charged 48 hours after repairs completed,and payment is strictly cash, , unless Insurance Company arrangements are made in advance of delivery date.If my Insurance Company does p; not pay advance and incidental charges,I hereby promise you reimbursement.All repairs are to be done to the 7 best interest of car/truck and final decision remains with FRANK CHAVEZ,INC. TOTAL CUSTOMER ACKNOWLEDGES RECEIPT OF COPY OF REPAIR ESTIMATE. Signed Date Parts listed are new unless specified otherwise.All parts are discarded unless instructed otherwise: Save Discard Original estimate Revised estimate Date Time a Called By Uc. No. AC-9595 0 0 52 IMF /. /7 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT December 4, 1984 governed by the Board of Supervisors, ) The copy of this Dement mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Pl"r "Warnings"' Claimant; Barbara Miller 1304 Lillian Street N O V 7 Attorney: Crockett, CA 94525 984 Address: Martinez, CA. 94553 Amount: 435.00 By delivery to clerk on November 2, 1984 Date Received: November 2, 1984 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: November 2, 1984 PHIL BATCHELOR, Clerk, Bym dards w Deputy L Jolene Edwards II. FROM: County Counsel T0: Clerk of the Board of Supervisors (Check only one) (x) 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. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: i- E'— PY By: w Deputy County Counsel III. FROM: Clerk of the Board T0: (1) Coun Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present ( This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: amu.h/, /y Y PHIL BATCHELOR, Clerk, By Q.(�• � ��*- , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) 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 memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: 4a- 7-d-,V PHIL BATCHELOR, Clerk, By (�. �7UR-�L—r , Deputy Clerk cc: County Administrator (2) County Counsel (1) 00 rz v i CLAIM W1eLAIM 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 entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Ck' f A ' 1 ' g tamps k -1� RECEIVED 1.30Ll C.L'I1� ., f C' re C Against the COUNTY OF CONTRA COSTA) or DISTRICT) PHIL SAFCnE:Oc 9LERK SOARD Oi SUPL4,15CR5 (Fill in name) ) cc�� ::.co ,c . The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 35 ?-)F) and in support of this claim represents as follows : ---------------- ------------------- ---------------------------- 1. When did th amag dor injury occur? (Give exact date and hour) Ic1S; �/ 10" ---------------- ------ - - -- - - - ---- ------ - ------ ---- --- ------- --- 2. Where did the damage o-r--injury injury occur? (Include city and county) ---- C roe=i<�_t1,_ C fA `rtiJa K _ __ _ _ How did the------- --------ory occur? (G.i, vfe fuAll details, use extra o�X \v sheets if required�v ,7 Wc,s t�„-,c UFGi«L morn C. Co",;'A �-\o - C c Uri L�11,ov� 5A, Zn -t=he �(o�e5s� vr� �IL�t�ers L.�e�e. b� be, `.sf"��Q o ri. �", we�,-� _pp_ _ _ ii_ _ ,_J_ Qy - i cl rcS� Lt CcIC�r� W�� "��- 1-v--- I__CJaS -ec -- ------�- --- 4. What particular acct or o ssion on the part of county or di trict officers, servants or employees caused the injury or damage? I Loa I Ic � " i n �(�tt)er bek 00 54 v ra o LIer -f'to we r5 — (over) rakir�ca ►v� »51Fc�� Of '�� , V ll J WrWhat are the names of county or district officers , servants or "employees causing the damage or injury? ------------------------------------------------------------------------- 6. , What damage or injuries do you claim resulted? (Give full extent of injur. es or da ages claimed. Attach two estimates for auto dama e �Cp+ z� g ) �35 . cD a �a�U `J�Ide� (� �Ciri �c �L1S�'1QI01,1 FICAntsCC) � �' jrcG tO .sr`�_ QI61nts ----- -- -- --�- -- V - -- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. � -} ) J-I&eS uoe- "C 013Ctin< -�ro k 1 1L.6e u- r CO)Gi 5,A: 5o rd E f5 �i- Ctc h, CCt ( iic��ia�� s >�d f�it� r 5��wbet ries 4- f----- k- -- 8. Names and addresses of witnesses, doctors and hospitals. ex' ti 16,(-)r do - - - -- --------------------------------- 9-.--L-is-t-th-e--expenditures-------------you----made-----on---a-ccount of this accident or injury: DATE ITEM / AMOUNT L` Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney)` ; or by some person on his behalf. " y 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, pre'sents 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. " 00 55 C -fv� E'v,ti.- Gt5 it doL n, �a c e-,5 CLS Z v y L.-)q5 t'•Ct kc a( o vim' LaD y� �Lr K/N V� � � • g. EEVV!! j r kef-!5 boa1k&-a W) rake-- - wC�11V�/ ,BVI f } —} L pI4S( 1c A £ V r is t: r 3. p K 2f 00 JFi CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) BICE TO CLAIMANT December 4, 1984 governed by the Board of Supervisors, ) The copy oft s document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Glen A. Rodriguez Attorney: William H. Ahern County Counsel 14895 East 14th St. , Suite 200 N 0 V 0 1 1984 Address: San Leandro, CA 94578 Amount: $33,807.22 By delivery to clerk on Martinez, CA 94553 Date Received: October 31, 1984 By mail, postmarked on nctohar 10. ieRa I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: October 31, 1984 PHIL BATCHELOR, Clerk, By _Deputy Jolene Edwards II. FROM. County Counsel TO: Clerk of the Board of Supervisors (Check only one) ( ) 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. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: — By: Deputy County Counsel III. ,FROM: Clerk of the Board TO: (1) Coun y Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (�iQ This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: ,( �. y�, /joy PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section -945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) 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 memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: /,2 • 7 -Jz/ PHIL BATCHELOR, Clerk, By Q//. , Deputy Clerk cc: County Administrator (2) County Counsel (1) O 0 5 7 CLAIM ORIGINAL 1 WILLIA11 H. AHERN f AHERN & MOONEY 2 Attorneys at Law 14895 East 14th Street, Suite 200 3 San Leandro, CA 94578 4 Telephone: (415) 352-0730 RECEIVED 5 Attorneys for Claimant 6 �e GLEN A. RODRIGUEZ OCT 3/ %4 PHI M CM[l01 7 l-'CONT FSU►E 0 O 8 9 10 In the Matter of the Claim of 11 GLEN A. RODRIGUEZ CLAIM AGAINST PUBLIC ENTITY 12 VS . 13 THE COUNTY OF CONTRA COSTA 14 15 TO: THE COUNTY OF CONTRA COSTA: 16 GLEN A. RODRIGUEZ hereby makes claim against the COUNT' 17 OF CONTRA COSTA for damages for personal injury as more fully set 18 out below and makes the following statements in support of the claim 19 1. Claimant's post office address is 1824 Magnolia Way, 20 Walnut Creek, California. 21 2. Notices concerning the claim should be sent to 22 WILLIAM H. AHERN, Attorney at Law, 14895 East 14th Street, Suite 23 200, San Leandro, California 94578. 24 3. The date and place of the occurrence giving rise to the 25 claim are on or about August 7, 1984 on Newell Avenue in the 26 County of Contra Costa. 21 LAW OFFICES AHERN&MOONEY IAESS EAST 14TH STREET SUITE EOG _ SAM LEANDRO,CA E161E ulE> 352.07/0 00 58 I 1 4. The circumstances giving rise to this claim are as 2 follows : At the above time and place, claimant was walking on said 3 street which was in a dangerous condition due to the existence of 4 a hole, and, due to the dangerous condition, claimant tripped and 5 fell in said hole, causing claimant serious injuries. 6 5. Claimant' s injuries are torn ligaments in his right 7 leg. 8 6 . The names of the public employees causing the claimant' s 9 injuries are unknown. 10 7 . My claim as of the date of this claim is $33, 807.22. 11 8. The basis of computation of the above amount is as 12 follows : 13 Medical Expenses incurred to Date $ 31957.22 14 Lost Wages Incurred 15 to Date 4,550 . 00 16 Estimated Future Medical Expenses 300. 00 17 General Damages 25 ,000 .00 18 Total $ 33, 807..22 19 20 DATED: October 26, 1984 21 22 AHERN & MOONEY 23 24 W LIAM H. AHERN, Attorney 25 for Claimant 26 27 LAW OVFICES AHERN&MOONEY IAESS EAST IATN STREET -2- SiC0 + `0 59 V Q SAM LEANDR (}NOR O,CA E4510 V (4IS) 76 i07 S0 1 V E R I F I C A T I O N j 2 3 I, GLEN A. RODRIGUEZ, declare: 4 I am the Claimant in the above-entitled action. I have 5 read the foregoing Claim Against Public Entity and know the contents I 6 thereof. The same is true of my own knowledge, except as to those 7 matters which are therein stated on information and belief and, as 8 to those matters, I believe it to be true. 9 I declare under penalty of perjury that the foregoing is 10 true and correct and that this verification was executed on 11 October (, , 1984, at Walnut Creek , California. 12 13 GLEN A. ROD IGUFti 14 15 16 17 18 19 20 21 22 23 24 25 26 27 LAO OFFICES AHERN K MOONEY IHSH EAST 14TH STREET SUITE 200 MM LEANDRO,CA$INS 00 lyJ�/�O ISIS) 252.07SO A/7 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT December 4, 1984 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Gove7 de Section 913 and 915.4. Please note ". Claimant: E. M. Smitten P.O. Box 2404 NOV 7 1984 Attorney: Martinez, CA 94553 Martinez, CA. 94553 Address: Amount: $245.26 By delivery to clerk on Date Received: November 2, 1984 By mail, postmarked on October 25, 1984 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: November 2, 1984 PHIL BATCHELOR, Clerk, Byputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) 0 ) 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. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: /- - By: Deputy County Counsel III. ,FROM: Clerk of the Board T0: ) Coun Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present ( This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) 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 memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: /,X- - PHIL BATCHELOR, Clerk, By Deputy Clerk cc: County Administrator (2) County Counsel (1) 0 0 61 CLAIM 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 entity, 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 ) Res � for leCfiling stamps RECEIVED ) Against the COUNTY OF CONTRA COSTA) NOV 10.4 PHIL BATCHELOR or DISTRICT) 4LERK Bogen Of SUPEOISCRS ) CCNI:l.CO:L::L. Fill in name) B -l `•} ; • � The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 24 Z and in support of this claim represents as follows : ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) -----------T--------------or---in--jur--y----occ--u-r-?---(Include----------city---and----county-----)----- 2. Where did the damage Nl P�(/�1J S Z �sj 5, 0Q dJ S o_ 3. How did a damage or inj occur? (Give full details, use extra sheets if required) p�£G� (/F,f{-Zu ��. - ( - ------------------------------------------- 4-.---What-----particular-----------ac-t--or---o-mission on the part of county or district officers , servants or mployees caused the njury or damage? ver) 61.E G[ SAO � vA Ic>ojSIE AVE 4��o(Do6` II (J � 5. a W1'iat are the names of county or district officers, servants or employees causing the damage or injury? V� 1� PFJ J`1 V 0 OR FSI ( a' G.J ----------------------------------------------------- ------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) L � �^IE / I 7 - --. H--ow--- ---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 a'm signed by the claimant SEND NOTICES TO: (Attorne ) or b s e , erson on his behalf. " Name and Address of Attorney C aimant' s Signature Po z Address Telephone No. Telephone No. 372-4'& ap 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. " 00 63 'b AMENDED CLAIM / /_7 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT December 4, 1984 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Baldwin & Howell County Counsel Attorney: Thomas F. Castle N 0 V i 1984 Kincaid, Gianunzio, Caudle & Hubert Address: P.O. Box 1828 Martinez, CA 94553 Oakland, CA 94604-0828 Amount: Unspecified By delivery to clerk on Date Received: November 2, 1984 By mail, postmarked on November 1, 1984 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: November 2, 1984 PHIL BATCHELOR, Clerk, By Deputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) ( ) 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. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). (�) Other: t /-6- J Dated: /• By: Deputy County Counsel III. ,FROM: Clerk of the Board T0: (1) Countounsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (x) This claimIis rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: ,(��_ iyy� PHIL BATCHELOR, Clerk, By Q (9. , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) 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 memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: �i 7, /1r K IV PHIL BATCHELOR, Clerk, By Deputy Clerk cc: County Administrator (2) County Counsel (1) 0 0 6 6 CLAIM —r 4 • SUPPLEMENT TO RECEIVE.ED CLAIM AGAINST PUBLIC ENTITY NOV -211104 PHIL 04KtIE:OR To: , COUNTY OF CONTRA COSTALERKBOoK' 6fsV?u sc�s c/o Clerk, Board of Supervisors r, COi'' 651 Pine Street Martinez , California 94553 BALDWIN & HOWELL, a California corporation, hereby supplements the Claim Against Public Entity pursuant to Section 910 of the California Government Code previously mailed on October 16 , 1984. This claim is for indemnification with respect to the damages and equitable relief claimed by plaintiff in the following Contra Costa County Superior Court suit: St. Timothy Lutheran Church vs. Phillip Erying, et al. ; Case No. 261494 , filed on July 11, 1984 and served on Baldwin & Howell on or about August 25, 1984 . Claimant is informed and believes that a copy of the subject complaint has been served on THE COUNTY OF CONTRA COSTA , this responding entity. For that reason, and because the complaint is voluminous , a complete copy of the Complaint is not attached hereto. However, attached is the complete Summons and the face sheet to the Complaint. In all other particulars, the Claim Against Public Entity as previously filed against the COUNTY OF CONTRA COSTA on behalf of Baldwin & Howell remain the same as though reiterated herein. I am informed and believe and thereupon allege, under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. Executed at Oakland, California on November 1, 1984 . CA E, Attorney for Claimant 00 6'7 PROOF OF SERVICE BY MAIL - CCP 1013a, 2015.5 1 1 declare that: 2 1 am:(cKasftcdxbi employed in)the county of ALAMY,DA California. ICOuNTV WHERE MAILING OCCURRED! 3 1 am over the age of eighteen years and not a party of the within entitled cause; my (business/?Widite) address is: 4 200 Webster Street, Suite 200 , Oakland, California 94607-3789 5 On. .— Nnx7 mR,r D 1 , igR�� 1 served the attached -- SUPPLEMENT TO CLAIM [DATE! 6 AGAINST PUBLIC ENTITY COUNTY OF CONTRA COSTA 7 - --- on the— - - - 8 in said cause, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the 9 United States mail at OAKLAND, . CALIFORNIA addressed as follows: 10 COUNTY OF CONTRA COSTA 11 c/o Clerk, Board of Supervisors 651 Pine Street 12 Martinez , California 94553 13 14 15 16 17 18 19 20 21 22 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that 23 this declaration was executed on 24 NOVEMBER 1 , 1984 at OAKLAND California. IDATEI IPLACEI 25 ; JAYNE E. STARKS 26 (TYPE OR PRINT NAM EI SIGN TU E V i - d� lARON PRESS CORM NO,22 68 REV AUGUST!SSI FOR COURT UMONLY JOTICE TO DEFENDANT- (Aviso a Acusado) 15010 F.e*e USO OF e4`ORrr' PHILLIP EYRING , JOHN HALLENBECK, JOHN DOE McKAY , JOHN DOE HASSENFLUG , LELAND CUNNINGHAM, 4L HOPKINS , BALDWIN & HOWELL, INC. , CITY OF SAN PABLO, SAN PABLO REDEVELOPMENT AGENCY , COUNTY OF CONTRA COSTA , DOES ONE through SEVENTY , inclusive OU ARE BEING SUED BY PLAINTIFF: -i Vd. le esta demandando) SAINT TIMOTHY LUTHERAN CHURCH You have 30 CALENDAR DAYS after this sum- Despu6s de que le entrrguen esta citacidn judicial usted mons is served on you to file a typewritten re- bene un plazo de 30 DIAS CALENDARIOS para presentar sponse at this court. una respuesta escrita a mlquina en esta corfe. A letter or phone call will not protect you; your Una carts o una llamada telef6nica no le ofrecera typewritten'response must be in proper legal proteccift su respuesta escrita a mJquina tiene que form if you want the court to hear your case. cumplir con las formalidades legales apropiadas si usted If you do not file your response on time,you may quiere que la torte escuche su caso. lose the case, and your wages, money and pro. Si usted no presenta su respuesta a tiempo, puede perder perty may be taken without further warning from el casn y le pueden quitar sit salari4 su dinero y otras cosas the court. de su propiedad sin aviso adicional por parte de la torte. There are other legal requirements. You may Existen ofros requisitos legales. Puede que usted quits want to call an attorney right away. If you do not llamar a un abogado inmediatamente. Si no conoce a un know an attorney, you may tali an attorney refer- ahngldo, puede 11.1mar a un servicio de referencia de ral service or a legal aid office (listed in the phone abogados o a una oficina de ayuda legal(tra el directorio book). telefdnico). CASE NUMBER INumem del(awl ne name and address of the court is: (El hombre v dere(o6n de 1.1 `orte vs) SUPERIOR COURT, CONTRA COSTA COUNTY 725 Court Street P . 0. Box 911 Martinez , CA 94553 r,e name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: twinhre, l.e drrerci6n y el nurriero civ teltlwno (iel abogado del den undurte, o del dern,rnd.lnte que no tiene abogado, es) ROBERT P . BRORBY DODGE, REYES , BRORBY, RANDALL, MITGANG & TITMUS 1407 Oakland Boulevard , Suite 100 walnut Creek , CA 94596 ATE: JUL 1_ 1S� Clerk, bY ------- —� h,el ��f�^`1,.�� Deputy IA<ru.rnni '•.� ' r3 (Delegado) •.E:nll NOTICE TO THE PERSON SERVED: You are served 1. as an individual defendant. 2. as the person sued under the fictitious name of (specifyJ: 3. on behalf of (specify): under CCP 416.10 (eorporationl CCP 416.60 (minor) CCP 416.20 (defunct corporation) CCP 416.70 (conservatee) CCP 416.40 (as..uciation or partnership) CCP 416.90 (individual! Other: 4. n by personal delivery or yetel: ro.m Adopledby Au le Counae (sea revers .i Service) 00 69 urro ROf1F•.I?'F P. FtROI'i•y r...' 1 DODGE, REYES, BRORBY, RANDALL, MITGANG & TITMUS " 2 Attorneys at Law 1407 Oakland Boulevard, Sulte 100 3 Walnut Creek, CA 94596 4 Telephone: (415) 935-8810 5 Att(>rnevs for Plaintiff 6 7 8 SUPFRIOR COURT FOR CALIFORCIA, COIJ1'TY OF CONTRA COS'I'A 9 SAIN'i' TIMOTHY LUTHCRAN CHURCH, ,-3 ,. 10 Plaintiff, tlo. 4. 11 VS. COMPI,AIPU FOR PROPERTY DAt±AGF., 8 � a MJISADICh, INVERSE; CONDR'INATIO;•:, a 12 PTiIILLI? GYRING, JOHN HAMXId1IECK, AND INJUNCTIVE P.FI,IRF 3 s JOHN POE McKAY, JMH DOT: W 13 IiAFS'Hy-IFLH(], LEI,AND CUNNINGHAM, P Al, IIOPKINS, NA114-JI'I F, lI(A-IT:LI„ 14 II'iC. , CIT1 OF SAN PAItLO, 1+i%Ij S ; PAM,') 1?f-l)EV1'L!)1'�?I'C'F AGI;IdCY, 15 COUN'T'Y OF (:O?i'i'}?A COSTA, DOES OIJF: 16 throucl}1 Sl:VI:IVI Y, inclusivP, Defendants . 17 / 18 PI,AIi•:TI^F' COMPI,AIP1Ei OF 10111,; D):I'1:iJDAi;1'S, f,1:ll ]::AC)l OF TIII 'I, AND 19 rIAKES 'FIII' FOL1,1a11NU C1:"IFRAL ALI,RGATIOr'S: 20 1 . F+t ra11 tir•1(?s herein ru)lntinne(l, nlninti ff SAII!,r 'FImoTHY 21 1,UT1117RAP CHUkCH, was an(l is , a Cal ifornia nnnl)rofit relinious cor- 22 horation which c)wns lan(l an(I im1)rovcr!cr,t.; in CO':TRA CO:?':h COUNTY 23 locate_<l ,nt What is corn +-onl-v %nOWN as 3300 San Pa},lc 1%%.!"! No;i( , San 24 Pablo, California . 25 2. The trn,) narks, and cal)acitiOs Of !(�f(,rit?ants I)ol, will through t 26 I:O1' 1;1:VRI!TY, im-Itisive, are llrl)':nn�ln tC) c,l.-ilnt l f f, w• in tl)l�re'fore, i i -l - 00 70