HomeMy WebLinkAboutMINUTES - 02281984 - 1.25 Board Action :
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BOARD OP SQPF.[61IS0>RS OF Comm C)1LII�iIA �t.6.. ;L fro 1 Q� CC
and as the Board of Commissioners of the Housing Authority
of the County of Contra Costa lr_�'
Claim Against the County, cc District ) ffmC6 TO C RD92 P
governed by the Hoard of Supervisors, ) The copyofU s t ma led bo you is your
Routing Endorsements, and Herd ) notice of the action taken on your claim by the
Action. All Section references are ) Board of Supervisors (Paragraph We below),
to California Government Codes ) given pursuant to Government Code Section 913
Claimant:
W a y n e C h a r) e s W e a t h e r s pfen 915.4. Please note all lWarnincbdsnty Counsel
Attorney: Sanders , Dodson , Rives & McLaughlin .IAN 3 0 1984
Address: 2 211 Railroad Avenue Martinet, CA 94553
Pittsburg , CA 94565 Via County Counsel
Amount: $109,000.00 By delivery to clerk on January 30, 1984
Date Received: Ja-nua ry 30, 1984 By mail, postmarked an
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated:Janua ry 309 1984 J.R. O[SSON, Clerk, By Deputy
e en P . Marino
II. FRCM: County Counsel TO: Clerk of the Board of Supery cors
(Check only ane)
(y, ) This claim complies substantially with Sections 910 and 910.2.
/( ) This claim FAnS to comply substantially with Sections 910 and 910.2, and we are
so notify#q claimant. The Board cannot act for 15 days (Section 910.8) .
( ) Claim is not timely filed. Clerk should return claim an 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: 7
Deputy County Counsel
III. FROM: Clerk of the Board TO-. (1) County Counsel, (2) ty 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 fu I.
( ) Otr:
certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date. �&_L
Dated: �.�n t%L( J. R. CLSSON, Clerk, By Deputy Clerk
14NWM (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 eoanecticn with this
matter. If you want to consult an attorney, you should do so immediately.
V. FRCM: 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 an 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-& J. R. OLSSON, Clerk, By j4L -amu d Deputy Clerk
cc: County Administrator (1) County Counsel (2) 83
- rT.ITM
V'A
F.BRA'
°f LAW OFFICES OF 6.91tw
STANLEY R.DODSON RICHARD D.SANDERS
RONALD P.RIVES SANDERS,DODSON.RIVES& MCLAUGHLIN OF COUNSEL R,11 e'll
THOMAS G.MC LAUGHLIN t
2211 RAILROAD AVENUE
THOMAS M.PEONIM PITTSBURG, CALIFORNIA 94565
AREA CODE 415
TELEPHONE 432-2511
January 19, 1984
Housing Authority of
Contra Costa County
P. O. Box 2396
Martinez, CA 94553
Re: Wayne Charles Weatherspoon
Accident of November 5, 1983
Gentlemen:
Please find enclosed. a claim- for damages arising from personal
injuries suffered by Wayne Charles Weatherspoon on November 5,
1983. A copy of the claim is also enclosed. This claim is
submitted for filing before the Housing Authority of Contra
Costa County in accordance with the Government Code.
We request that you stamp the copy of the claim which is
enclosed with the date of receipt and return the same in
the envelope provided.
Thank you for your cooperation.
;NALD
ry r y VIES
P. R
RPR/vs
Encs.
84
Y '
•'f L (SPACE BELOW FOR FILING STAMP ONLY)
1 LAW Orr10ES Or
SAND88s, Doasox. Rlvrs & McL&UoaLax
2 "- 2211 RAILROAD AVENUE
PITrSBURG, CALIPORNIA P4666
3 (415)4"-3611 R EEC E I V E p
4 JAN---"P 1984
CLERKTT � Ay'hmeputy 5 AORNEYS FOR ClaimantNfiR6By
7 - --
8 BEFORE THE BOARD .OF COMMISSIONERS OF THE
9 OF THE 13OUSING AUTHORITY OF CONTRA COSTA COUIITY
10
11 IN RE THE CLAIM OF )
)
12 WAYNE CHARLES WEATHERSPOON, )
13 A Minor. )
14
15 RONALD P. RIVES, on behalf of WAYNE CHARLES WEATHERSPO N.
16 a minor, does hereby present the following claim against the
17 Housing Authority of Contra Costa County.
18 1. Claimant ' s address is 71 Hermosa, Pittsburg,
19 California.
20 2. Notices concerning this claim should be
21 sent to the law offices of SANDERS, DODSON, RIVES & McLAUGHLIN,
22 2211 Railroad Avenue, Pittsburg, California 94565 to the
23 attention of Ronald P. Rives, Esq.
24 3. The circumstances giving rise to this claim are
25 as follows:
26 On November 5, 1983, claimant was present at the
85
1 E1 Pueblo Day Care Center which is owned by the Housing Authority
2 of Contra Costa County and operated by the Preschool Coordinating
3 Council. At said time and place due to a defective and dangerous
4 condition of said public property: consisting of a slide which
5 was not in a proper state of repair and was placed in dangerous
6 proximity to a concrete sidewalk, claimant was caused to, and
7 did fall from said slide striking his head on the concrete side-
8 walk and suffering personal injuries consisting of a concussion,
9 seizure disorder and psychological overlay.
10 4. The name of the agent of the Housing Authority
11 who negligently caused claimant ' s injuries is the Preschool
12 Coordinating Council.
13 - 5. The claim as of this date is the amount of
14 $100, 000.00.
15 6. The basis of computation of the above amount
16 is as follows :
17 a. General damages for personal injuries and
16 permanent disabilities in the amount of $100, 000.00.
19 b. For medical expenses in an amount which is
20 presently unknown.
21 DATED: January 19, 1984. SAPegz�t��:_
S & McLAUGHLIN
22 gy .
R160ALD P. RIVLIS
23
24
25
26
-2-
s.xacea. DODs N 8
RIVLf Q Mdruoxuw
em wawo.o.vsu,
TIrnGOro,f,ll1011L O,CE! _
hM a.h.
RENEWAL OF LEASE
(Month to Month Basis)
THIS SUPPLEMENTAL AGREEMENT made and entered into this 1st day
of November 19 83 , by and between the HOUSING AUTHORITY OF
THE COUNTY OF CONTRA COSTA, hereinafter referred to as the "Authority", and
PRE-SCHOOL COORDINATING COUNCIL, INC. , hereinafter to
referred to as the "Agency";
W I T N E S S E T H:
WHEREAS, by lease agreement between the parties hereto, dated
November 1, 1982 the Authority leased to Agency the right and
privilege%f occupying space in the E1 Pueblo Project Administration Building
of the Authority; and
WHEREAS, the Agency desires and the Authority is willing that such
lease be renewed;
NOW, THEREFORE, the Authority for and in consideration of the
promises and covenants in the aforesaid lease, and other valuable
consideration,. the receipt of which is hereby acknowledged, hereby agrees
that said lease shall be, and it hereby is, renewed as a month to month
agreement beginning November 1, 1983
The Agency hereby covenants and agrees that during the course of
the renewal period the Agency shall perform and be bound by all of the
covenants and conditions contained in said lease agreement of
November 1, 1982
IN WITNESS WHEREOF, the parties have set their hands the day and
year first hereinabove set forth.
HOUSING AUTHORITY OF THE
COUNTY OF CONTRA COSTA PRE-SCHOOL COORDINATING COUNCIL, INC.
By � &✓�
' r� By
xecuta Director
Form No. 61A
10/83 cp
87 . .
LEASE
Community Services
1. PARTIES: Effective on November 1 , 1982 , THE HOUSING AUTHORITY OF THE
COUNTY OF COA'TRA COSTA, hereinafter called "AUTHORITY" and PRE-SCHOOL
COORDINATING COUNCIL, a non-profit corporation, hereafter called "AGENCY;"
mutually agree and promise as follows:
2. LEASE OF PREMISES: AUTHORITY, for and in consideration of the convenants
and conditions expressed herein, hereby leases to AGENCY, and AGENCY accepts
and takes those certain premises described as follows:
Space within the E1 Pueblo Housing -Project Administration Building;
consisting of the Community Room; Kitchen, Office and Rest Rooms;
totalling 1516 sq. ft. of inside space and the contiguous four acre
playground.
3. TERM: This lease shall commence on November 1 , 1982 and end
on October 31 , 1983
4. RENTAL: AGENCY shall pay to AUTHORITY as rent for the use of said premises
a rental of five & no/100 dollars ($5.00) payable within thirty (30) days of the
effective date of this lease. Payment shall be mailed to AUTHORITY at P.O. Box
2396, Martinez, California 94553.
5. USE OF PREMISES: The premises shall be used during the term for purposes
of conducting a pre-school program primarily for tenants of the E1 Pueblo
Housing Project but may also be used for residents of the E1 Pueblo area to the
extent that the AGENCY is able to include them in the program.
6. MAINTENANCE AND REPAIRS:
A. AGENCY may, at its option, terminate this lease in lieu of performing
any maintenance required under this Paragraph 6. unless said maintenance
is required because of AGENCY's abusive use of the premises.
B. AUTHORITY shall keep the roof and exterior of the building in good order,
condition and repair and shall maintain the major structural integrity
of the building. q
CHECK NO. .--� 7 J
V.10UKT
DATEa-
PROGRAM A "1i;' " •iNiOR 8g
r'
C. AGENCY shall keep and maintain the interior of the premises in as
good order, condition and repair as when accepted, including doors and
their fixtures, closers and hinges, glass and glazing and locks and
keys syster- used in the demised premises. But AUTHORITY shall repair
damage to the interior caused by failure to maintain the exterior in
good repair, including damages to the interior caused by roof leaks
and/or interior and exterior wall leaks, and AUTHORITY shall initially
provide the space with no broken windows, and light bulbs, electrical,
plumbing and heating systems in good working order.
D. AGENCY shall repair and maintain the electrical, lighting, water and
plumbing systems in good order, condition and repair.
E. AGENCY shall maintain and repair the heating and ventilating systems.
F. AUTHORITY shall maintain the parking lot, landscaping, sprinkler system
and exterior lighting system in good order, condition and repair.
G. AGENCY shall provide and install at the direction of the Fire Marshall
the necessary number of A-B-C fire extinguishers for the premises.
A. AGENCY shall not suffer any waste on or to the demised premises.
I. AUTHORITY shall be responsible for the correction of any code viola-
tions which may exist in the premises, provided AUTHORITY shall not be
liable for correction of code violations which arise out of and are
directly related to a change in AGENCY'S occupancy or use of said
premises.
7. UTILITIES: "AGENCY" shall pay to the "AUTHORITY" utility charge of $50.00
per month to compensate for the cost of utilities paid for by AUTHORITY.
B. JANITORIAL SERVICE: AGENCY will provide its own janitorial service and
refuse collection service.
9. ALTERATION. FIXTURES AND SIGNS: AGENCY may make any lawful and proper minor
.alterations, attach fixtures and signs in or upon the premises which shall
remain AGENCY property and may be .removed therefrom by AGENCY prior to the
termination of this lease, all signs fixtures shall be at AGENCY'S sole
cost and expense. Upon removal of said signs or fixtures, AGENCY shall
restore the premises to its original condition, reasonable wear and tear
excepted.
-2- 89
10. HOLD HAP-MLESS: It is understood and agreed that AUTHORITY shall not in
any way be responsible for damages to persons or property in and upon said
premises and shall not be held liable for any liability, claim or suit for
damages to the person or property or anyone whomsoever while in or upon said
premises on AGENCY business during said term and AGENCY hereby agrees to
defend, indemnify and hold harmless AUTHORITY from any liability or charges
of any kind or character by reason of such injury or damage claim or suit for
liability arising therefrom in, around or upon said leased premises, except
in the case of any structural or mechanical failure of the building or equip-
ment owned and maintained by AUTHORITY which results in damage to any person
or property, AUTHORITY will be held liable.
AUTHORITY agrees to defend, indemnify and hold AGENCY completely harmless
from damages to persons or property which are invited in, around or on the
premises by AUTHORITY, and AGENCY shall not be held liable for any liability,
claim or suit for damages to the persons or property when and if said persons
or property are invited. in, around or upon the demised by AUTHORITY.
11. DESTRUCTION:
A. In the event of damage causing a partial destruction of the premises
during the term of this lease from any cause, and rep, -.rs can be made
within sixty (60) days from the date of the damage under the applicable
laws and regulations of governmental authorities, AUTHORITY shall repair
said damage promptly and within a reasonable time, but such partial
destruction shall in nowise void this lease, except that AGENCY shall
be entitled to a proportionate reduction of rent while such repairs
are being made, such proportionate reduction to be based upon the
extent to which the portion of the premises usable by AGENCY bears to
the total area of the premises.
B. If such repairs cannot be made in sixty (60) days, AUTHORITY may, at
his option, make the same within a reasonable time, this lease con-
timing in full force and effect and the rent to be proportionately_
reduced as provided in the previous paragraph. In the event AUTHORITY
does not so elect to make such repairs which cannot be made in sixty
(60) days, or such repairs cannot be made under such laws and regula-
tions, this lease may be terminated at the option of either party.
-3- 90
C. A total destruction of the premises or the building in which the
premises are located shall terminate this lease.
12. QUIET ENJOYMENT: AUTHORITY covenants that AGENCY shall at all times during
the said term peaceably and quietly have, hold and enjoy the demised premises
without suit; trouble or hindrance from or on account of AUTHORITY as long as
AGENCY fully performs hereunder.
13. DEFAULTS: In the event of AGENCY material breach of any of the covenants
or conditions herein, AUTHORITY may re-enter and repossess the premises and
remove all persons and property therefrom after giving AGENCY written notice
of such default and in accordance with due process of law. In the event of
such a breach by AUTHORITY, AGENCY may quit the premises without further cost
or obligation or may pioceed to repair the building or correct the problem
resulting from the breach and deduct the cost thereof .from rental payments due
to AUTHORITY, provided that AGENCY has given AUTHORITY written notice of said
breach and provided that AUTHORITY has not made a substantial effort to correct
said breach.
14. SURRENDER OF PREMISES: On the last day of the said term, or sooner termina-
tion of this lease, AGENCY will peaceably and quietly leave and surrender to
AUTHORITY these premises with their appurtenances and fixtures (except signs
and fixtures referred to hereinabove) in as good order, condition and repair
as when accepted, subject to reasonable wear and tear and damage by earth-
quake, fire, public calamity, by the elements, by Act of God, or by circum-
stances over which AGENCY has no control excepted. AGENCY shall not be liable
for painting the arterior of the demised premises upon termination of this
lease. This lease may be terminated by either party upon thirty (30) days
written notice by registered mail to the other party.
15. INSPECTION: The AUTHORITY reserves the right to enter the premises by
prior appointment only between the hours of 9:00 a.m. and 4:30 p.m. , Monday
through Friday, holidays excepted, and to. employ the proper representative or
contractor in order to see that the property is being reasonably cared for,
that no waste is being made, and that all things are done in the manner best
calculated for the preservation of the property, and is full compliance with
the terms and conditions of this lease.
-4-
91.
16. INSURANCE: During the term of the Agreement, or any extension thereof.
the AGENCY shall carry public liability insurance adequate to protect both
the AGENCY and the AUTHORITY from liability for injury to persons with the
operation of the premises hereinabove described. AGENCY is to furnish
AUTHORITY a Certificate of Insurance in the amount of $500,000 combined
single liability, with the Housing Authority as a named insured. The
legal relationship between the AUTHORITY and the AGENCY shall be that of
an individual contractor and the AUTHORITY shall not be held accountable
for any acts of negligence, active or passive, on the part of the Agency,
its servants, agents, helpers, or employees.
17. ASSIGPRIENT OR SUBLEASE: AGENCY shall not sublease or assign this lease
to any individual, agency or corporation unless agreed to, in writing, by
AUTHORITY.
18. TIME IS OF THE ESSENCE of each and all of the terms and provisions
of this lease.
AGENCY HOUSING AUTHORITY OF THE
COUNTY OF CONTRA COSTA
BY: -�lfY��IG�O// BY: v
Perfec o Villarreal
Executive Director
-S-
92
Board Action :
February 28, 1984
CLM M
BOARD Cr S!7P MSORS OF O%VmA CMM C00ff r C7ALIIRPM
Claim Against the County, or District ) "MCC TO C[AII4M"
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: Hugo Hector Rousseau, Jr.
Henri Hector Rousseau
Attorney:
Address: P . O . Box 943
Alamo , California 94507
Amount: Unspecified By delivery to clerk on
Date Reoeive&n ua r y 2 6, 1984 By mail, postmarked on January 2 5 , 1984
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. n
Dated.January 26 , 1984 J.R. OgSSON, Clerk, Byy 2�rc. [�„� Deputy
ele n F . Marino
II. P704: County Counsel TO: Clerk of the Board of Supery sors
(Check only one)
( ) This claim complies substantially with Sections 910 and 910.2.
(X ) 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. FROK: 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 CBR 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 n is
mi s for this date. n
Dated: gtJ. R. OLSSQJ, Clerk, By . Deputy Clerk
i6n,R M G (Gov. Code Section 913)
Subject to certain exceptions, you have only six (6) moxnths, frcm the date this
notice was personally served or deposited in the mail bo 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 Qx nsel, (2) County Administrator
We notified the claimant of the Board's
action a, 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 =eatoesent a late claim was mailed
DATM:� - aimant.
9 J. R. CGS.90N, Qerk, , Deputy Clerk
cc: County Administrator (1) County Counsel (2)
93
CLAIM
HUGO HECTOR ROUSSEAU, JR.
HENRI HBCTOR ROUSSEAU
P.O. Box 943
Alamo, California 94507
Claimants
COUNTY OF CONTRA COSTA, BOARD OF SUPERVISORS
HUGO HECTOR ROUSSEAU, JR., )
HENRI HEMOR ROUSSEAU, Claimants, ) CLAIM AGAINST PUBLIC ENTITY,
VS. )
COUNTY OF CONTRA COSTA, CONTRA )
COSTA COUNTY SHERIFFS )
DEPAR'IME,'NT, DEPUTY SHERIFF )
PENDLETON, and SHERIFF DEPARZMENT )
PERSONNEL DOES I through X )
TO THE COUNTY OF CONTRA COSTA, THE CONTRA COSTA COUNTY SHERIFF'S
DEPARRWn, AND TO DEPUTY SHERIFF PENDLErcN:
YOU ARE HEREBY NOTIFIED that HUGO HWMR ROUSSEAU, JR. and HENRI
HECTOR ROUSSEAU claim damages from the CONTRA COSTA COUNTY SHERIFF'S
DEPARTMENT and employees thereof, specifically DEPUTY SHERIFF PENDLETON,
#27072, in an amount to be shown according to proof.
This claim is based on the false arrest and battery of Claimants
HUGO HECTOR ROUSSEAU, JR. and HENRI HECTOR 16,
1983 in the vicinity of Deermeadows Drive, Dan nia.
JAN 1934
J. R. OLSSON
_lam CLERK BOARD OF SUPERVISOFS
CWRA COSTA CO.
r
On October 16, 1983, at approximately 6:00 p.m., DEPM SHERIFF
PENDLETON attempted to arrest Claimant HUGO HECTOR ROUSSEAU, without
.probable or legal cause. During the course of said arrest, Claimant HLW
ROUSSEAU was physically restrained, assaulted and battered by said officer.
Additionally, at such .time and place, Claimant HENRI HECTOR
ROUSSEAU was physically pushed, assaulted and battered by said officer and
was subsequently informed that he was also under arrest, also without
probable or legal cause.
As a result of the actions of said officer, both Claimants were
physically and emotionally upset, without any legal necessity, in an amount
to be shown according to proof.
All notices and other communications with regard to this claim
should be sent to Claimants at P.O. Box 943, Alamo, California 94527.
DATED: January 24, 1984
-2-
_
DEQ,ARA?ION OF SERVICE BY MAIL
I, the undersigned, declare:
That I am a citizen of the United States, over the age-of eighteen
years, and not .a party to the foregoing action; that my business address is
279 Front Street, Danville, California.
That on January 24, 1984, I served copies of the foregoing
documents by placing them in envelopes addressed as follows:
Contra Costa Board of Supervisors
651 Pine Street
Martinez, CA 94553
Contra Costa Sheriff's Department
651 Pine Street
Martinez, CA 94553
which envelopes were then sealed and deposited, postage prepaid, in the
United States mail at Danville, California; that there is .regular service by
mail between the place of deposit and each of the foregoing addresses.
I declare under penalty of perjury that the foregoing is true and
correct.
Executed January 24., 1984 at Danville, California.
Board Action : /
CII„( February 28,
Dom CF SOPERVCF CQlIItA CWM amm, C UMTR U
Claim Against the County, or District ) IMICE TO CLKTN r
governed by the Board of Supervisors. ) The copy of7s t7ma ed to you is Yom
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 moue all 'Warnings'
Claimant: Robert Uchida Epunfy CpunSel
Attorney: Edward T . Nagatoshi FEB 15 1984
Address:1515 W. Redondo Beach B1 vd. , Fi rst Floor Martinez, CA 94553
Gardena , CA 90247 Hand Delivered
Amount: $59000. 0C By delivery to clerk on Jan . 23 , 1984
Date Received:Ja.aua ry 23, 1984 By mail, postmarked on
I. FROM: Clerk —of the Board of Supervisors TD: County Counsel
Attached is a copy of the above-rated claim.
Dated: January 23 , 1984 J.R. CESSCN, Clerk, By Deputy
II. FROM: County Counsel 40: Clerk of the Board of Supervisor
\/ (Check only ane)
y�) 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: S - By: { . Deputy County Counsel
III. FROM: Clerk of the Board T0: (1) Canty 1, (2) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD CFEM 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 enterAd in 7ts
Datedmi utes for this date. /
Qtn.,o��02 4 t�fry J. R. CLS.SON, Clerk, By.ya�_e�,v Deputy Clerk
MRM G (Gov. Code Section 913)
Subject to certain exceptions, you have only six (6) months from the date of this
notice was personally served cc deposited in the mail to file a oast action an this
claim. See Government Code Section 945.6.
You may seek the advice of an attorney of you 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) Oou my Cmnsel, (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 spy+t. ,�,{{,_, _�
DiATED: S J. R. CESSOt�1, Clerk, By c J��/r( uG . Deputy'Clerrlk
cc: County Administrator (1) County Counsel (2) J
CLAIM
RECEIVED
�'4$PM
kit JAN- 3 1984
_ r
1 EDWARD T. NAGATOSHI J. R. OLSSON
1.515 W. Redondo Beach Blvd. R BOARD QP SUPERVISORS,
2 First Floor
Gardena, 'CA 90247
3
tel : (213) 538-4525
4
Attorney for Claimant, ROBERT UCHIDA
5 v
okLn
6 :y
7
8 CLAIM FOR PERSONAL INJURIES AND PROPERTY DAMAGES
9 AGAINST PUBLIC ENTITY
10
In the Matter of ROBERT UCHIDA ) CLAIM FOR PERSONAL INJURIES
11 ) AND PROPERTY DAMAGES
VS. )
12 ) (Calif. Government Code
CONTRA COSTA COUNTY SHERIFF'S ) Section 910)
13 DEPARTMENT )
14
15 TO THE CONTRA COSTRA SHERIFF'S DEPARTMENT.
16 YO?J ARE HEREBY NOTIFIED that ROBERT UCHIDA residing at
17 390 Miraleste Dr. #483 in Rancho Palos Verdes , Calif. 90732,
18 claims compensatory damages from the above listed governmental
19 entity in the amount of $5,000. 000 as of the date of the
20 presentation of this claim.
21 This claim is based on personal injuries sustained by the
22 claimant on or about December 21 , 1983 located near the corner
23 of Wilshire Blvd. and Camden in the City of Beverly Hills .
24 Claimant was lawfully operating his vehicle at said location
25 when a vehicle (lic. no :1BST025-CA) registered to the CONTRA
26 COSTA SHERIFF'S DEPARTMENT, and operated by an individual whose
27 identity is unknown to claimant at present, negligently
28 collided with claimant 's vehicle, causing personal injuries and
9
-1- .
I property damages to claimant.
2 __ Claimant believes that the unidentified individual was
3 operating the vehicle in the course and scope of his employment
4 at the time of the incident, and that the individual was employed
5 by the CONTRA COSTA SHERIFF'S DEPARTMENT.
6 All of the above were negligent in their actions, negligent
7 in the hiring of each other, and responsible for the actions of
8 each other.
9 The total amount claimed in compensation for injuries is
10 $4.000. 00.
11 The total amount claimed for property damages is $1000.00.
12 All notices or other communication with regard to this
13 claim are to be sent to the Law Offices of EDWARD T. NAGATOSHI
14 at 1515 West Redondo Beach Blvd. , First Floor, Gardena, CA 9024.7
15 DATED : January 10, 1984
VJLZ�
16 — A T. NA ATOSH At rney for
17 Claimant, ROBERT UCHI
18
19
20
21
22
23
24
25
26
27
28
-z-
99
Board Action :
CLAIM _ February 28, 1984
BOARD OF MFEM90RS OF DO URA OOSTA OJMMy CALIIUHA
Claim Against the County, or District ) N=CE TO CLAD'PM
is your
Routing Enrned dorsementsthe ,, and of Supervisors,, The notice the action taken anled to 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
Claimant:
Dixie N a k a m o t o and 915.4. Please note all '100do0ftsel
Attorney: Law Offices of Fred L . Kurlander JAN 2 6 1984
Address. 311 California Street, Suite 618 Martinez. CA 94553
San Francisco , CA 94104 Hand Delivered
Amort: $250 , 000 . 00• By delivery to clerk on-January 24 , 1984
Date Received: -January 25 , 1984 By mail, postmarked on
I. FROM: Clerk of the Board of Supervisors 70: County Counsel
Attached is a copy of the above-noted claim. /�"" pp-�
y ,anuar 25 1984 4 L� r
Dated: JJ.R. �.S.SON, Clerk, By G�Lt�ccoDeputy
II. FROM: County Counsel 70: Clerk of the Board of Supervisors
(Check only one)
(�) This claim a nplies substantially with Sections 910 and 910.2.
(/ `) This claim FAILS to eanply 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: W By: i Deputy County Counsel
III. FROM: Clerk of the Board 70: ) County Counsel, (2) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD C [t By unanimous vote of Supervisors present
(�) This claim is rejected in full.
( ) Other:
I certify that this is a true and correctDory f the Board's Order entered n is
minutes for this date.
Dated: L F J. R. Ct.SSON, Clerk, By , Deputy Clerk
WRFf NG (Gov. Code Section 913)
Subject to certain exoeptiens, 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 TV: (1) County Counsel, (2) County Administrator
Atter . 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:J" ,;t 19 F y J. R. OMM, Clerk, By Deputy Clerk
cc: County Administrator (1) County Counsel (2)
100
CLAIM
:Tnks?s:'w�^;. ... .a,., .... .:�., ._ lr•.......� re- ......:..r .y-.y., ., p ,a.'.a. .. - ..;ix: .. _ .. .�._ ._.� ... .rte-.-^.^.a.-..qa,--+--.y
I LAW OFFICES OF FRED L. KURLANDER �� dP
Attorneys at Law RECEIVED
I
2 311 California Street, Suite 618
San Francisco, California 94104
3 (415) 392-8920
JAN J�l 19
4 J. R. OLSSON
CLERKARD SUPERVISORS
5 Attorneys for Claimant
r� oo.
6
7 CLAIM
8 Claimant, DIXIE NAKAMOTO, presents a claim against the County
9 of Contra Costa in the sum of Two Hundred Fifty :Thousand Dollars
10 ($250, 000. 00) .
11 CLAIMANT RESIDES AT: 4615 Wilson Lane, Concord, California
12 94521.
13 DATE OF OCCURRENCE: October 18, 1983, at approximately 7: 45
14 a.m.
15 PLACE OF OCCURRENCE: Muir Road, approximately 54 feet east
16 of West V. A. Hospital Drive, City of Martinez, County of Contra
17 Costa, State of California.
18 SAID CLAIM ARISES OUT OF THE FOLLOWING CIRCUMSTANCES:
19 Claimant, DIXIE NAKAMOTO, was crossing Muir Road as a pedes-
20 urian, travelling from an employee parking lot on the north side o
21 Muir Road toward the south curb of Muir Road when struck by an
22 eastbound vehicle operated by WILLIAM HANSEN. The accident was the
23 fault of WILLIAM HANSEN and, in addition, was the fault of the
24 COUNTY OF CONTRA COSTA in the design,maintenance and inspection of
25 a dangerous condition, to wit: the street area of Muir Road, at
26 or about the accident scene. The accident scene was in a dangerous,
27 defective and unsafe condition in that motorists travelling east-
28 bound on Muir Road travelled_around.=a..sharp_turn=.and up an-in-cline
10
1 towards the rising sun and had their vision of the accident scene
2 obscured by sun glare. This condition, combined with the absence
3 of any warning signs or devices to alert and warn motorists of
4 pedestrians crossing Muir Road and the posting of an excessive
5 speed limit for the accident area and the lack of any adequate
6 safety devices for pedestrians crossing Muir Road created a sub-
7 stantial risk that an accident would occur and was foreseeable to
8 the COUNTY OF CONTRA COSTA that an accident would occur. The
9 COUNTY OF CONTRA COSTA had actual or constructive notice of the
10 dangerous condition of the roadway.
11 ITEMS, NATURE AND EXTENT OF DAMAGES AND INJURIES:
12 Claimant DIXIE NAKAMOTO suffered serious injuries to her legs ,
13 hips, pelvis and further injuries to her body and nervous system,
14 externally and internally, the exact extent of such injuries and
15 total amount of medical bills and income loss being presently
16 unknown.
17
18 DATED: January 24 , 1984 OFFICES OF FRED L. KURLANDER
Attor s for nt
19
20 (rte
21 BY ROBERT G. BURTON
22
23
24
25
26
27
28
2 1.02
Board Action :
.. CUUM �� February 28, 1984
BCARD O[+ SUPE MSC�tS.° CF caw COSI41 comff, CALImIA
Claim Against the County, cc District ) VMCE TO C[ADSM
governed by the Hoard of supervisors, ) Ttie oopy of7s tma ed to you is your
Routing Endorsements, and Hoard ) notice of the action taken on your claim by the
Action. All Section references are ) Hoard of Supervisors (Paragraph IV, below),
to California Government Codes ) given pursuant to Government Code Section 913
Claimant.
Richard N a k a m o t o and 915.4. Please note all 'Warnings'.
County Counsel
Attorney: Law Offices of Fred L . Kurlander
JAN 2 6 1984
Address: 311 California Street, Suite 618
San Francisco , CA 94104 HandMa iPft9AEQ#553
Amount: $509000 . 00 -- By delivery to clerk on January 24 , 1984
Date Received: J-an u a ry 24 , 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: January 25, 1984 J.R. OLSSON, Clerk, By u Deputy
Helen P . Marino
H. FROM: County Counsel Ta: 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: /.� f p c� By: , P�_�,, 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. BOARDQTR 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
mi Utes for this date.
Dated.% R. CESSON, Clerk, By , Deputy Clerk
I RNM (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 an 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) Canty Counsel, (2) County Administrator
Ti We notified the claimant of the Board's
action on this claim by mailing a oopq 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
DATED simant. J. R. CLS.SON, Clerk, By:561"/ 4Az.1-,) , Deputy Clerk
cc: County Administrator (1) County Counsel (2) 03
CLAIM
l y
I LAW OFFICES OF FRED L. KURLANDER °�� e"'oe
Attorneys at Law RECEIVED
2 311 California Street, Suite 618
San Francisco, California 94104 NA_"
3 (415) 392-8920
4 JAN ay198 r
J. R. OLSSON
5 Attorneys for Claimant TRA n �
6
7 CLAIM
8 Claimant, RICHARD NAKAMOTO, presents a claim against the
9 County of Contra Costa in the sum of fifty Thousand:� Doll:ars
10 '($50, 000,00) : -
11 CLAIMANT RESIDES AT: 4615 Wilson Lane, Concord, California
12 94521.
13 DATE OF OCCURRENCE: October 18, 1983, at approximately 7:45
14 a.m.
15 PLACE OF OCCURRENCE: Muir Road, approximately 54 feet east
16 of West V. A. Hospital Drive, City of Martinez, County of Contra
17 Costa, State of California.
18 SAID CLAIM ARISES OUT OF THE FOLLOWING CIRCUMSTANCES :
19 This is a claim for loss of consortium and services arising
20 out of the injury to Claimant RICHARD NAKAMOTO's wife, DIXIE NAKA-
21 MOTO, as a result of an automobile-pedestrian collision when DIXIE
22 NAKAMOTO was struck by an eastbound vehicle operated by WILLIAM
23 HANSEN. The accident was the fault of WILLIAM HANSEN and, in
24 addition, was the fault of the COUNTY OF CONTRA COSTA in the
25 design; maintainance and inspection of a dangerous condition, to
26 wit: the street area of Muir Road, at or about the accident
27 scene. The accident scene was in a dangerous, defective and
28 unsafe condition in that motorists travelling eastbound on Mui3 O
1
I Road travelled around a sharp turn and up an incline towards the
2 rising sun and had their vision of the accident scene obscured by
3 sun glare. This condition, combined with the absence of any war-
4 ning signs or devices to alert and warn motorists of pedestrians
5 crossing Muir Road and the posting of an excessive speed limit for
6 the accident area and the lack of any adequate safety devices for
7 pedestrians crossing Muir Road created a substantial risk that an
8 accident would occur and was foreseeable to the COUNTY OF CONTRA
9 COSTA that an accident would occur. The COUNTY OF CONTRA COSTA
10 had actual or constructive notice of the dangerous condition of
11 the roadway.
12 ITEMS, NATURE AND EXTENT OF DAMAGES AND INJURIES:
13 Claimant RICHARD NAKAMOTO suffered the loss of consortium an
14 services of his wife, DIXIE NAKAMOTO.
15
16 DATED: January 24 , 1984 FFICES OF FRED L. KURLANDER
ttor ys for ai ant
17
18
19 BY R BERT G. BURTON
20
21
22
23
24
25
26
27
28
2 105
Board Action :
CUUM February 28, 1984
BOARD GF SQtS,tF CorlPRA COSTA COOIme t9kLII�iIA
d - -
Claim Against the County, or District ) IaDTICE TO CLXVQW
governed is your
Pouting >�orsementsI mid Board the Board of notice noti� the action talo your or this aocument mailed to laim by the
Action. All Section references are ) Board of Supervisors (Paragraph M, below),
to California Government Codes ) given pursuant to Government Code Section 913
I Susan L . and 915.6. Please note all Nnrn
Claimant. y tioun
Hard nsel
Attorney: JAN 2 4 1984
Address: 2700 Oak Road #24 Martinez, CA 94553
Walnut Creek, CA 94596 Hand Delivered
Amount: $10500. 00 By delivery to clerk on January 23. 1984
Date Received: �a n u a ry 23, 1984 . By mail, postmarked on
I. FTM: Clerk of the Board SE Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated: January 23 , 19 8 4 J.R. C[SSON, Clerk, By ,� I / l'�Q�wc �� qty
heTen- P . Marino
II. FROM: County Counsel 70: Clerk of the Board of Supery sors
(Check only one)
This claim complies substantially with Sections 910 and 910.2.
This claim FAIW 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 at ground that it was filed
late and sena warning of claimant's right to apply for leave to present a late
claim (Section 911.3).
( ) Other:
Dated: tz-2 ev By: Deputy County Counsel
III. Hill: Clerk of the Board TO: (1) Cavity 1, (2) County Administrator
( ) Claim was returned as untimely .with notice claimant (Section 911.3).
V. BOARD 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 is
mi utes for this date.
Dated: 8 J. R. OLSS11, Clerk, By , Deputy Clerk
iiQ NMG (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 an this
claim. See Government Cbde Section 945.6.
You may seek the advice of an attorney of your choice in c=wctioa with this
matter. If you want to consult an attorney, you should do so immediately.
V. FFCM: Clerk of the Board TO: (1) County Counsel, (2) Canty Administrator
We notified the claimant of the Board's
action on this claim by mailing a copy of this doconent, and a memo thereof has been filed
and endorsed an 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.
DATID: 9 Fa J. R. CLSSON, Clerk, By 3 1,0#nI4,t4, 9 . Deputy Clerk
CC: County Administrator (1) County Counsel (2) 106
CLAIM
r � '
f C.W.ZM �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. (Seca 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, .9111 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 ent'-ty, 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 ) Reserr1E
��� ' -dig stamps
_ ED
-)
f)111.f"�iwV � �=fes ) A�i a73 1y8 JcII►tAgainst the COUNTY OF CONTRA COSTA) 4 R. oLaoryIOr ��p.,,j `��I�:)�, ^�, DISTRICT) ARD OF SUPERVISOR$� T TAF a T i - name) '
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $
and in support of this claim represents as follows:
-----------------=------------------------- ----------------------------
1. When did the damage or injury occur? (Give exact date and hour)
2. here did the damage or inj-----------------------------------------
--- y cucudtncy
-------------�.---------------------------------..--------T---ls, us----e--ext----ra--
3. How did the damage or injury occur? (Give full detai
sheets if r. uired)
lq, -
qt'
t `.. •, ��..-,i.�A�� � ,1.� r(� <'Y"``:^;,";,, //v' r;./'��1-/'-rC. �,��f.�� CSC—
{ ''µ 2��• !4/11ZdG"' . jf �1%rv1 ✓jLL�J /ti'� ( 'a ��'`/�" '� L'/tl
4. What particular act or omission on the part of county or district
officers, servants or employees aused the injury or damage?
. .. �"t�T"W l.G''l. �"C%~`�-'1•�..�.� l U l_-%J!":�-�� l�L'�''�(,:�fj(.' !�l✓r��i. 1 "r�'h� �lN��
t ,
'u-<-°Ca�f'f �v�`✓� ��� �� '�/};�J AL2 ��" � ,���t,Fi✓ '
(over)
V ,
t: ,
107
fat
; '70are the names of county or district officers , servants or
employees causing the 2amace or .injury?
-14
l
�.__����.L'�j — ._� .
6. What damageJor injuriesYdo ou clam resulted? (Gi e11 extent
of injuries or damages cla" ed. Attach two estimates for auto
,. . damage) i
--------------------------------------------------------=---------------- -
7. How was the amount claimed above computed? (Include the estimated
amount,, of any prospective injury or damage. )
�
---------
8. Names and addresses of witnesses, , oct� s and hospitals.
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
/. 11 a )ti 1
,C.•/%y: `�.> � c'll;Z:2 /51-(1's� - c�..lL2,hi r•'` • f-vi.`j;i ,._
Govt. Code Sec. 910.2 provides:
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or by some person on his behalf. "
Name and Address of Att1orney
Claim nt' s S1gn ure
TV
J ! h //
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. "
108
Board Action :
CLWX February 28 , 1984
BOARD or SOPE[t(1Ism CF QNIm CDSTA amr, aaxnwA
Claim Against the County, or District ) WMCB 70 CiAT1VW
governed by the Board of Supervisors, ) The copys t ma led 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
Allstate Insurance Company yy 915.4. Please note all "Warnings•.
Claimant: County Counsel
Attorney: Gassett , Perry & Frank
Address: 440 North First Street JAN 2 6 1984
San Jose, CA 95112 Martinez, CA 94553
Amount: $1799755 . 00 By delivery to clerk on
Date Received: January 25 , 1984 By mail, postmarked on January 24 , 1984
Certified Mail P 710
I. FRCM: Clerk of the Board of Supervisors TD: County Counsel
Attached is a copy of the above-noted claim. {�
Dated:J a n u a ry 26 , 1984 J.R. MASON, Clerk, By Deputy
II. FRCM: County Counsel TD: Clerk of the Board of Supervisors
(Check only ane)
( � This claim complies substantially with Sections 910 and 910.2. tycif� a s hots
( ) This claim FAII3 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).
(k ) Claim is not timely filed. Clerk should return claim on ground that it was filed
late and send warning o4 claimant's riht to apply far eave to /present a late
claim (Section 911.3). ke :ups �`' w" �. s��'� ce� l 'J
G Other 11-A— C-14L
r
Dated: By: /� ��1�2_ c'_A?/[i Deputy County Counsel
0
III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator
( ) Claim was returned as untimel with notice to claimant (Section 911.3).
IV. BOARD OAR By unanimous vote of Supervisors present
( ) This claim is rejected in full.
(X ) Other:
I certify that this rs a true and correct copy of the Board's Order entered in its
minutes for this date. /D _
Dated: , - g% l9 L � J. R. MBSCN, Clerk, BKY�/I �ll ia�n . Deputy Clerk
%UeM%IG (Gov. Code Section 913)
Subject to certain exceptions, you have only six (6) months from the date of this
notice was personally served cc deposited in the mail to file a court action an 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
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
tq aimant.
DATED: aB !9Y J. R. OLSSON, Clerk, Byy IGLViu . qty Clerk
cc: County Administrator (1) County Counsel (2) O
CLAIM i
25885-6-3
(SPACE BELOW FOR FILING STAMP ONLY)
1 GASSETT. PERRY & FRANK
ATTORNEYS AT LAW
440 NORTH FIRST STREET
2 SAN JOSE. CALIFORNIA 95112
_ TELEPKONF (4081 295-7034
3 RECEIVED
4 L' 32-
5Attorneys for
Claimant, JAN .19841
ALLSTATE INSURANCE COMPANY J. R OLSSON
6 CLERK BOARD OF SUPERVISORS
C NTP A A CO.
7 Claim of: )
8 ALLSTATE INSURANCE COMPANY ) Claim for Damages
(Government Code §910)
9 vs. )
10 COUNTY OF CONTRA COSTA, CITY )
OF RICHMOND, WEST CONTRA COSTA COUNTY )
11 SANITARY DISTRICT, and EAST BAY )
MUNICIPAL UTILITY DISTRICT. )
32 )
13 TO: THE COUNTY OF CONTRA COSTA
14
15 YOU ARE HEREBY NOTIFIED that ALLSTATE INSURANCE COMPANY
16 whose address is 2323 Crow Canyon Road, San Ramon, California: 94583
17 claims damages, by way of subrogation, from the COUNTY OF CONTRA
18 COSTA-:.in an amount, computed as of the date of this claim as
19 follows, plus interest thereon from the date of payment, plus
.20 general damages, and costs of suit:
21 BIDGOOD $103,505 . 00
22 BATTON $ 39,250 . 00
23 ZUBRINSKY/ALLPORT $ 37 ,000 .00
24 On or about March 1, 1983, the COUNTY OF CONTRA COSTA,
25 by and through its agents, servants and employees, owned, controlled,
26 and maintained public ways known as LaCima Road, LaColina Road and
27 LaCresenta Road, in the COUNTY OF CONTRA COSTA, and certain drainage
28 facilities in and around said roads. Said properties were owned,
11
1 operated, constructed, managed, maintained and controlled in a
2 manner such as to create a dangerous and defective condition and
3 created a substantial risk of injury to the owners of adjacent
4 properties owned by DEWAYNE F. BATTON and BETTY J. BATTON, DOUGLAS
5 BIDGOOD and MARGARET BIDGOOD, and BARBARA S. ZUBRINSKY and STEPHEN
6 ALLPORT. Said properties are more commonly known as 3954 LaCima
7 Road, E1 Sobrante , California, 3955 LaCima Road, E1 Sobrante ,
8 California, and 3966 LaCima Road, E1 Sobrante, California,
9 respectively.
10 ALLSTATE INSURANCE COMPANY claims that the COUNTY OF
11 CONTRA COSTA negligently owned, maintained, constructed, managed,
12 controlled, supervised and operated their properties, and that such
13 negligence was a proximate cause of a landslide occurring on or
14 about March 1, 1983, damaging the properties of BIDGOOD, BATTON
15 and ZUBRINSKY. As a result of .the damages to said properties,
16 ALLSTATE has become obligated to pay sums to said property owners
17 in the amounts set forth above , and may become obligated to pay
16 future sums.
19 ALLSTATE INSURANCE COMPANY further alleges that the
20 aforementioned activities of the COUNTY OF CONTRA COSTA have
21 created a nuisance within the meaning of Section 3479 of the Civil
22 Code in that the dangerous conditions have interfered with the
23 comfortable enjoyment of the properties of BATTON, BIDGOOD and
24 ZUBRINSKYJALLPORT. ,
26 ALLSTATE INSURANCE COMPANY further alleges that said
26 activities constitute a failure to discharge a mandatory duty to
27 maintain properties owned by the COUNTY OF CONTRA COSTA.
28 ALLSTATE INSURANCE COMPANY further alleges that the
-2-
1.11
1 COUNTY OF CONTRA COSTA has failed to protect adjacent land owners
2 from a known, dangerous condition.
3 ALLSTATE INSURANCE COMPANY further alleges that the
4 COUNTY OF CONTRA COSTA, in planning, designing, maintenance and
5 operation of its properties was the proximate cause of the landslide
6 of March 1 , 1983.
7 All notices or other communications with respect to
8 this claim should be sent directly to the claimant' s attorneys,
9 GASSETT, PERRY & FRANK, 440 North First Street, San Jose,
10 California 95112.
11 DATED: December 19, 1983.
12 GASSETT, PERRY & FRANK
13
14 BY J `fit"Ll
K THA RYN A. STROMAN
15 Attorneys for Claimant,
ALLSTATE INSURANCE COMPANY.
16
17
18
19
20
21
22
23
24
25
26
27
28
-3-
112
Board Action :
CLAM February 28 , 1984
BMM Ctir SOPEMSC9i.S c r CONITA COMM CALMFORM
Claim Against the County, or District ) VMCE TO C[AIMAW
governed by the Board of Supervisors, ) The copys t ma led 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: Yeghoian ' s Excavating Company Inc .
Attorney: Christopher M. Harnett, Jr . , Esq . County Counsel
Robert G . Partridge , Inc . JAN 2 6 1984
Address: 1120 Ballena Blvd .
Alameda , CA 94501 Martinez, CA 94553
Amount: Unspecified By delivery to clerk on
Date Received: J-a n u a ry 25, 1984 By mail, postmarked on January 23 , 1984
I. FR34: Clerk of the Board of Supervisors 70: County Counsel
Attached is a copy of the above-noted claim.
Dated: January 25 , 1984 J.R. OLSSON, Clerk, Byh,G ULZDeputy
e enMarino
II. P704: County Counsel TO: Clerk of the Board of Supero cors
(Check only ane)
( ) 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).
j Claim is not timely filed. Clerk should return claim an ground that it was filed
late and send warning of claimant's right to apply, for leave to esent A late
claim (Section 911.3). 1 s fD 4// aja-�gr i c, 5�,(ai,
pry P� uf{n? DCa�+orod rY.ore fiha�n l �p1t1ur' !U 61
a /F e G -t C
Dated: By. Deputy Co city Counsel
III. FROM: erk of the Board TO: (1) County Counsel, (2) County Administrator
(�) Claim was returned as untimely with notice to claimant (Section 911.3).
A portion of the claim was untimely , therefore a copy of the claim was
IV. BOARD CIt 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: a8, iqt J. R. CISSCN, Clerk, By e. . qty Clerk
MMM (Gov. Code Section 913)
Subject to certain exoeptions, 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. FKK: 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 docnnient, and a mend 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
claimant.
DATE : '14 J. R. aLWM, Clerk, By MgA� . Deputy Clerk
cc: County Administrator (1) County Counsel (2) 113
CLAIM
Il tl "~ -
•",LAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
Instructions 1.b Claimant
A. Claims relating to .causes of action for death or for injury to
person or to personal property or growing crops must be presented
not later than the 100th day after the accrual of the cause of
action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause .
of action. (Sec. 911.2, Govt. Code)
B. Claims must be filed with the Clerk of the Board of Supervisors
at its office in Room 106, County Administration Building, 651 Pine
Street, Martinez, CA 94553 (or mail to P.O. Box 911, Martinez, .CA) _
C. If claim is against a district governed by the Board of Supervisors;
rather than the County, the name of the District should be filled in.
D. If the claim is against more than one public en' ty, 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 ) Reser v ' filing stamps
YEGHOIAN'S EXCAVATING COMPANY, INC. ; . RECEIVED
Against the COUNTY OF CONTRA COSTA)
JAPE �s1984
J. R. OLSSON
or DISTRICT) CLERK BOARD OF SUPERVISORS
Fill lri name ) NT STA C.O.
B
The undersigned claimant hereby n.akes claim against the County of Contra
Costa or the above-named District in the sum. of $ TO BE DETERMINED
and in support of this claim represents as follows:
-------------------------------------------------�-----------------------
i. When did the damage or injury occur? (Give exact date and hour)
The damage occurred during earth movements in the Winters of 1980-81, 1981-82, and
1982-83. The exact dates of the occurrences of such damage is presently unknown to
Claimant. Claimant, in addition, does not know whether further damage will occur.
-•----------.r------..------------------------�• ---------------�.-------�.---
2. Where did the damage or injury occur? (Include city and county)
On the real property conmmnly known as Subdivision 4747 in the vicinity of Toledo Drive,
City of Lafayette, County of Contra Costa, State of California.
---------------------------_ -
-r
----------- �------------T---..-----------
3. How did the damage or injury occur. (Give full details, use extra
sheets if required)
I
The damage occurred by land movement, primarily within the area of Lots A and 13, as a
result of causes which are presently unknown.
i
4. What particular act or omission on the part of county or district
officers , servants or employees caused the injury or damage? .
Claimant is informed and believes that the County of Contra Costa tested, inspected,
approved, certified, and condoned construction, design, maintenance, modification,
alteration, and repairs of land, lots, landscapes, hillsides, buildings, improvements,
PLEASE SEE.ATTACIED SHEET. (over,)1 4
5. 'What are the names. of county or .district officers, servants or "
employees causing the damage or injury?
Unknown at this time. r +
-- -- - ----------------------------------------------- ---
6.--Wh-at--damage--------or-injuries do you claim resulted? (Give full ext-ent -
of injuries or damages claimed. Attach two estimates for auto - -
damage) Exposure to liability for property damage to land and improvements as described
within Exhibits A, B, C, & D, the exact amounts of which are unknown at this time. Claimant
is informed and believes that the stablization work exclusive of repair to improvements, on
Lot A alone is costing or has cost approximately $46q,666.66 _Total damage is unknown.
7. How was the amount claimed above computed? (Include the estimated .
amount of any prospective injury or .damage. )
Claimant is informed and believes that amount set forth above is based upon repair bills
of contractors and subcontractors for stablization of the slope
-------------------------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
The parties whose names appear in Exhibits A. B, & C are believed to be witnesses. Their
addresses are unknown, however, the addresses of their attorneys are included within the
service lists attached to said exhibits. Other witnesses known to Claimant at the present
time are Mr. Ted Yeghoian, 1172 Saranap Blvd., #23-B, Walnut Creek, CA 94595 and
Mr. Lawrence B. Karp, 100 Tres Mesas, Orinda, CA 94563.
------------------- -----------------------------------------------
9. List the expenditures you made on account of this accident or injury:
DATE : ITEM AMOUNT
1/23/89 Costs of Defense approximately $ 27T9
1/23/84 Attorney's fees approximately $ 3,768.75
The above expenditures reflect^only the attorney's fees and costs of defense of the lawsuit
descr4ed in Exhibit C as of this time.
Govt. Code Sec. 910.2 provides:
"The claim s 'gned by the claii2ant
SEND NOTICES TO: (Attorney) or by so ' erson on his a f. "
Name and Address of Attorney
Christopher M. Harnett, Jr. , Esq. 1 ant s iure .
ROBERT G. PARTRIDGE, INC. Yeghoian's �cavating Cao mp y, 2
1120 Ballena Boulevard 1172 Sar dd pBfvd. , #23-B, Wa t Creek, CA
Alameda, CA 94501 =--94-595
Telephone No. (415) 865=1466 Telepho, a No. . (415) 935-4875
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. "
0 11.5
I
Claim by: Yeghoian's Excavating Company, Inc.
January 23, 1984
#4 (continued) : underground utilities, underground conveyances, streets, drainage
systems, and other improvements on and with regard to the whole
and various parts of the real property within Subdivision 4747.
Claimant is furthermore informed and believes that some or all
of the above tasks were carried out in a careless and negligent
manner, but does not, at the present time, know what particular
act or omission on the part of the County and its representatives
caused such damage.
116
�f -�- - i -. ._--T -
_ _ r
r�r.�:scc, C:1io r.i� s,ia
(415\
-
j TH-
CORK HkR BGliFn CON,PAI`Y
J
?� Tr.' SUTZRiOR COURT OF THE STTE OF CALI H ORNIA
TIN-
c Cc!''•vr r is GOr✓Orc17Q r a Ivo. 22492.2
------------
V _
D=c I ==o-`c ?}_, incl`.:s;ve,
DE f end'Er. .
1 '
. , --. G1� ._=,ES E_'eiL• I7 r.:-:.ICn CC , piGin c~__ �n— LOF". ..:.:ti B V.i:'1. li✓���:-.\��•\A G`
C Ca' r'-�aC C..- _ --_ � r•a�-CE.�. -n Cc, �)usine-C-c L1C G✓!:Z_ .nus:-ES: �r Con:rE C,is-.:
2. El' : CS herein mentioned ,tiOnEd , Qefendanz ;. r':.` T:.i
:'"i1 �1 :_'� LG ?'JZ+�T?O'•
0=a GOrp=E:jor. iiCenseC t0 OG business E ^ ^0_nC bus:neSS ..
__ ,;
C-7- c COS-E Com'. . i- , t cEl I
E DO=S SUE.: nereir Ere s`.:e:_ pursuan: tC C. C.F. Se:.:::On 4'74 E::C
)'•:-. C--:,c..; :.S CC':'.1E: : c: SU Cr. tir.le ES :.'.E'- _'::E nEME: En, Cc7eCi ES E-
a''
rG -imes 1ErE:.. me joner' , each G: .:.E SG:.: CLLC.:CC .S , ✓,%_.� _:l v`u
_._S•VE , WES Er_...0 ES -?)E C_Ei . , SE�'VEL., 0 e. ':v\'CC ECS. C. 1-.E JI,'1=
E. y:c5 E- __ w�.. .-nom. _ .-.y.-,_:�. ..: `•� C.C' 1
- _ :.E_c-• _---- .` EEC.n, ms...-_ N•:_.. .. _^e S..W✓CtiL�.,. Pte_ l/. . V•. s •J\:; C _..:
E L7,C1%-.c^_E anc :SG:,: v: EEC e e'.,4a:nt au'i_7' �^ZE � End
c
. .1ec ;:n E'
i c :S Gi' SciC CE:en--En.s. f
it
On or about 14ay 2, 1977 , WHITE and DOES I hrouah XX ("cefendants")
enierec Ln to a %A-rl::en CaaLr-['T i ("CON 7, F =CC'''") -y7 Lh S'''CAT= T'ES OWN-- RS'
i COR?0=, TION ("SECURITY") tG perform the work of h stELing Er. underground
1 , i'-:-ti r r- system " t T,
� san.w_ sewer system, sio_ri d_ �iriaae system, and water sy„�em. ("CONTRACT,
SYSTE.NS") on ce_:a.in .real property commonly known as subdivision 4747 in the City of,
I.afcVE�iE , CO'1niZ' of Contra Costa, State of ("'PROPERTY").
CzliiorniE
E. DefendEn:.s w.ranted to SECURITY twat the PROPERTY would be improved
in ✓rdance "ne plans Enc specifications for the CO?'TR-'-.CT S:'STL✓ approved.
bt' IhE Ci:.' o- _Efa.�et:e and provided to defendants by SS"CLTR:1`_' and that al) such:
\\'Ori: w :'.:_ic be performed in E good c 7G wO-ltri,arLike manner. '
7 . O', C: c baht MlaV 2 , ' c:77 , SECURITY sold t0 )lai;:ti:f cll O- itS rl�lli5, ti
ari^ in.erest it zh:
8. On or coo It )u!V 20 !O7-7SEQj L � =G�lrr„�� Fnd plaintiff-------------
2SSL'�eC, lhit�.
def^dE-:ts° consent, � of its'- righ*s end oblications under the C T tc.
GO7v. Of the H:itTe.^. ZsSignnen: is dztached hereto a X:1Dii A n �:
iLc.^.rp%rated herein reference.
c . OrOr aDGia 'pr i) o: 190:•, Lo! iso. 4 at :he ?RO?E?.T`:' sustai-ned ?_.n. 3oe as
E res"*.: :,- slippage o: i.ic :c: , cE-used by de endEr.-s• inaCe^.,uELed^^ QefBCT1VE
d: .. E nature of the defect n --`=` e
ci r.J. s..,.ve_ x d;C p,E.:::,_. Epp_. tiara
-�-.e `EX: o- -h.e da_*i-:age unt' or, or Ebou: `une 27 , _580.
Dn Or abD::
✓E:C '. c. i,c: Sc1C CLiV EnC CC^. u
_ S C`G'.
' SL'CL \':S:0, :D.' -E CCN—F:,CT SYSTEM done by CEfe,^,dan'S w:c CJ
one ne_Ii-env a:lc
ca'ele¢Sl,,' and su- :Jec"cence IE1leC t0 prevent Ga.T' -a`nc soils r.lDve-ent. DE: enCa:i s
- licence inC;'�C�C )uz IS nCi LrmtEd` t0 the nEC11GEn1, Engmee; ng , cons :CL1I]C , an
C_
ins-Deci?.^.O of L'ie CONTRACT SYS T L)✓, which negligence ,L':o}a:-,aie1V r esu,'i,eC L-1 :c.-JC
51 ,
causes Lne sEt'2:r.0 , sliding , sini:ing , and shifz:ne of the Pk0?EP,TY.
1E. The CzEfects in the CONTRACT SYSTEM were not subject to ciscove7v LY
8 i j reasonah)e inspecton of plaintiff fol]otir,ng the coapletion .of CONTF.LCT work:.
10 LS E pro>d7ma—.E resin: -o: 'tIie necligenCE G' defenda':°.S , PIF-int-'r ncS been
C r L^ 1 �� S.[. _ T �^r S �. DOLL _, '.
= •C (�/�/� 7 7
.� C Ste._. _.. Ehce �:_ V1:...�\'+i• 1 ::VVS�. \✓ L�.I_:...:,.�' �..:.1',VVV)
ti,z as L-hE exact extent 0 t..E C2S:ia0E SL='sEr£C b:' aiaint,'�! has
asCer:alneC , :ai::___ 1,a1 ?Tien:_ its Com, t0 se: i0_--Lh u,ai amount.
2
pI in-, : p_'Eys as nereinEz: er se: I0^ih:.
J
C?,L'S__ 0_ _' _710''
L
?iaLJn '_n Or70rates ner : L
eiE_-aGrGJr,s _ Lirouch i4 Oi me sLEL Ji' Ent o.
G .
22. ?l a_':r: iS S CceSSor by asS]Qr._mr-n_ Oi alk rlG::S D_ $'CU:�?��' 20 �']E
-cS Z)erio-meC a' COnj,t,0.^s , cover,c"iiS , Ent _"=,ses
on a5 p-r. tc• bE perfor.mec in acCOrdance k•.7:.n tine iE_'^c c C cOnCaiC^S of ;JIE
'�EfE-'an's have brEec e6 said wa ran-es -in : ,E- :.-Ie is ..^.0:
i
LJ
_.. a ..o-can..E :.,_E Dlan.s and pe;.-1-1cG-6io.,_ , nor were e tine .I1Ip_ ov eme.ii
Uc:ed in a giooC and h'Orl_T.a^.Ltie. J:Ianner.
2 S E prOX.matE resin-. o SF-'JC' Each of warran by defendEnLs, Dlami,' "Es
3ee_. ca_:aced a sILn i1 excess of TWENTY T_aOuS::�0 DOi ?S (520,000).
-ime as me exac. e>:LeAi o: Lhe dEmaoE su=fE 'eC b,7 viain``f lis:
Es:E7 • :':E , ✓JE'_;:.::: 1•;is c—iEriC Jt.S CO.:Ib1 C'_ni �G
G_ SE, 1:i :.... i=:C_ J='IDL^_. .
rE\'_ as nE2'E_natter sei IDrtn.
C.:US- 0: ACTION
" . ?;a miff inCorporaies hEre1_n paraCra7.1S i th' rou.-h 14 Of, ZhE szztemen: o:
i �,•
ZG• ?'Ln:- a �UCCeSS ..1 ESSi_JJJnE:1_ G: t:Ie C'C/-��'�7n1. J :ween =.,.. ... -
dE:�r.Ca.'.:5 ,
___ :IC J _ :�. I E:. C:. v ICi.i v:._ •.v .:G:I__ , CnL J. 1J,.-..e.
.:S B7' :c ^E D=_ :C7. I£: I ocCO do J:E \•:?::. -r. E7A S 7.C. CD::: _`::::S
..:c.c:'..:En:S .:EVE :'EE:.IEC Sa'. •:E. E..:iE ... _..E _":E :: . .•
119
•U...`QVEC . ;n G..C..'.'. C.,CE .... ....0 p:C:,S E-iC S P e 1:.^.GLi /M , nor \1 C.E -Lhe _mPj OvF-aa:.:l Ls
L-A a wor k1:.anhke
Osaid ^ edCn Of waI'aPt by rlli �a5^ > Ui,ate reSLt .. L
.•�
4 ;:ib _m
EEn ca2ceo In a sun) in excess of ;iWEN'DY THOUS.?�
. D DOi.L=:nS (520,0)3).
- 1
32. At such time as the exact extent of the damage su=ferec by p,ainaff, has
6 bee:, escertainec , plaintiff will amend its complaint to set forth that amount.
j kt�EREFORE, plaintiff prays as hereinafter set forth.
FOURTH CAUSE OF ACTION
o incorporates hereLn paragraphs 1 through !4 Of the st_atemeni of
;Z . DEfendan-Ls manufactured the CONTRACT SYSTEM by engineering,
0E:'e!o=JC , CCr.S_Z_L'CtLnC, ins'Laa7g, and SL'Deriv'sing the Completion of 2l! CONTRACT
�. At all LiA?es here_n lrientioneC , defendants , and Each: Of th°,_m, knew ane'
.e^cEc -&jE he COI'Ti=.Ac:Ic rZM cons-sucted by ;hem . would be p':rcnasec anc
LSEC ✓\' c 5 _Zg1E-faai'il\% ho-me `1LTQEr such, as plauitlTf.
- t
3-- -he GEfectsc in he- COAT RAC: SYSTEM were not apparent to E purchase:
,.,•...� til -E:- • e6 -E n TG
on',v „eve been 2S. _ �au'1_u b� Si:bSi2' 2. LasDE, :i0
Of the defects 1.^, tnE CONr.AC7 SYS'. -14 7roximEtel\ caused bV
tD p1E.
ceC. 0. i.'?e= CE=E'1:crtt5 are S:=:Ct1' licD1E ri�_: i0: -*-E; damadE
_',E
3E• In order .`.0 repair tile. da.;;ages caused by QEiEndan.s, piaira___ has been
rec' _re: :O s:;en, in Excess o: '_"V,_.TY THOU—SAND DOLL:_?S (S20,000).
,-1,C. ra 5ILCMI E a5 the 2xEc: Exte-^ Of the darmace SLl_fered by DW-n. ] f has
�c cmc---irc� 1 �" - w'ci: amend its com:)Iai vn n, r
beer, a_...._ _c.._,.... , p a.„pit_ F_nt to set. JiEi 'ui�.l.lt.
:,icLn-ri-f DhEVS as herELriaiter Set forth.
JG_:,C=Es age:a: :.E:E^CE.^.;.5 I:..: DI'EE C.': .WEra
Ec� .=n—
costs , expenses End Etw:•nE:'5 ieef 1raC: . ^eC b\'
an
� . -or s'-,C: 0:.;E- anc :uz--,her relief as tine cou,. mEv deer.. proper.
'.-L:S: D 1982
XE; A C-'._ C
120
A7 7 :1:.-T70�'
�.:'. I , 1 aME:S P:.ruin£ , deClar e: i
e
6 i I am an attorney admitted to practice before all the courts of the State of
5 i I California and a member of the firm of Leahy, O'Dea a Givens, having its oifices .in
6 San Francisco County, and am the attorney for plaintiff in the above entitled action;;
i ; i that said Dlalritiff is unable to make the verification because it is absent from said
8 county and for :his reason affiant makes this verification on behalf of- plaintiff.
9 i I have . read the foregoing FIRST AMENDED COl`iPLAI1'T FOR NEGLIGENCE,
BREACi-i OF CONTRACT, BREyCY, OF WARRANTY, PND STRICT LIABILITY, and am,
11 I informed and believe the matters therein. to be true .and on that ground allege that the'
12 i a
i mters stated I,herein are !rue. !
i
Executed on SeptemlDer 1952, at San Francisco, California.
I declare under penalty of perjury- that the foregoing is true and correct.
lg � • „
16
17
P.. r ricins
to . .
V ;
20 {
21
i .
72 ,
23 i
24 . ;
cJ i i
26
l
27 i
28
-,c
30
31
32
JY �
V.,
JO •
37
38
5. 121
1:-.IL
t�ROOF O: SER\IICE
1 geCiErE t�,E: I a=. employed in r hE: County 0: $an FranCL:G, Ca :Orrila. I am
o%.r ej- ;cen %'Ear$ Of ace . and n0i a par"-v to the %�Ith1n CcL'se. My bL'siness address
is 235 Montoomery Street, Suite 1150, San Francisco, California 94104.
Or, the dE.e set ford: below, I served the v6tnin:
- FIRST A2YEE DED COR:?LAINT FOR NEGLIGENCE,
BREACH OF CONTF.ACT, BREACH OF WARPLUTY,
:LND STRICT UASIT ITY
:-::eres,EG ..parties in said CEusE by .p,EcL1nga true Copy there-: enclosed in E
ssa.EC -"\:E1OpE postage fully prpaid the-eon In The United States ri-E-0 at San
rC:�41J,,•V , :.ai'__oraa , aldressec as follows .
DDC STI V- T'C
=23n. Bou evard Wav Su'ize 204
O. Box 5607
r V.*Etnut Cr eel:, Cr. 9459c
7- iE E ' der perialL% G: pE^ r% ilial the for eooi;g i- :rje and Correct, cnd
ia.-E C:, Y+aS EXECLIeC G` :rem: \� , :5i;2,' ai San Sranc=o, Ca!1I0rnia.
122.
1r. MAN MILES
� • •. LAW OFFICES 0:F CHIP
1970 Broadway, Suite 1110
2 OakianJ , CA 94612
rij3 Telephone: (415) 763-4500 !1 L�JUIN 14 119$1
4 Attcrr.: v for Intervenor J. fa. OL"SSOiJ, C.^, ;;ity Clerk
HAPPY VALLEY ESTATES HOMEOWNERS' CONTRA COS7A COUNTY
5 ASSOCIATION By
W. Cukor, Deputy
6
7
.8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF CONTRA COSTA
10
11 THE CORK HARBOUR COMPANY, No, 224922
a California corporation,
12
Plaintiff,
13
vs.
14
THE J. ARTHUR WHITE CORPORATION,
15 a California corporation, DOES I
through XX_ , inclusive,
16
Defendants.
17
18 HAPPY VALLEY ESTATES HOMEOWNERS '
ASSOCIATION, an unincorporated
19 association,
20 Intervenor,
VS. COMPLAINT IN
21 INTERVENTION
THE CORK HARBOUR COMPANY, a
22 California corporation, THE J.
ARTHUR WHITE CORPORATION, a
23 California corporation, and
ROES I through C.
24
Respondents.
25
26 1. Intervenor is informed and believes, and on suc
27 basis alleges, that the parties have the following capacities:
28 Respondents THE CORK HARBOUR COMPANY and
-r . 123
• 1 THE J. ARTHUR WHITE CORPORATION, and each of them, are cor-
2 porations, organized, , authorized andlicensed to do business in
3 Contra Costa County under California law. THE CORK HARBOUR-
4 COMPANY is a developer and seller of real property. 'THE J.
5 ARTHUR WHITE CORPORATION is a subcontractor who installs under
-
6 ground water drainage systems. Intervenor HAPPY VALLEY ESTATES
7 HOMEOWNERS ' ASSOCIATION is an unincorporated assocation ;of all
8 fourteen (14) property owners in Contra Costa County Subdivision
9 4747 which owns real property in its own name commonly known as
10 "Lot A" of said Subdivision and legally described in Exhibit "A. "
11 2. Respondents ROES I through C are sued under CCP §474
12 as fictitious defendants; intervenor shall amend as names and
13 capacities become known.
14 3. At all times hererein mentioned, respondents, and each
15 of them, was acting as the agent, servant or employee of each
16 other respondent; each was acting within the scope and authority
17 of such agency and with the knowledge and consent of each
18 respondent who authorized and ratified the acts of said
19 respondents .
20 4 . On or about May 2, 1977 , defendants THE J. ARTHUR
21 WHITE CORPORATION and ROES I through XX ( "WHITE") entered into a
22 written contract ( "CONTRACT") with SECURITIES OWNERS
23 CORPORATION ("SECURITY") to perform the work of installing an
24 underground sanitary sewer system, storm drainage system and water
25 system ( "CONTRACT SYSTEM") on certain real property commonly
26 known as subdivision 4747 in the City of Lafayette, County of
27 Contra Costa, State of California ("PROPERTY") .
28 5. WHITE warranted to SECURITY that the PROPERTY would be
2.
124
.
j
1 improved in accordance with the plans and specifications for the
2 CONTRACT SYSTEM approved by the City of Lafayette and provided to
3 -WHITE by SECURITY and that all such -work would be performed in a
4 good and workmanlike manner. )
5 6 . On or about May 2, '.1977, 'SECURITY sold to defendants
6 THE CORK HARBOUR COIIP zLW and ,'ROES XXI through XL ( "CORY, HARBOUR")
7 all of its rights, title, and interest in the PROPERTY.
8 7. On or about July 20, 1977, SECURITY assigned and CORK
9' HARBOUR assumed,with WHITE's consent, all of its rights and
10 obligations' under the CONTRACT to CORK HARBOUR.
11
B . Defendant WHITE purported to fulfill its respon-
12 sibilities .to defendant CORK HARBOUR, who as the developer of the;
13 PROPERTY warranted to buyers that the PROPERTY .would be improved
14 in':accordance with the plans and specifications for the CONTRACT
15 SYSTEM approved by the City of Lafayette and that all such work
16 would be performed in a good and workmanlike manner.
t
•17 - 9. On or about April 18, - 1979, respondent CORK HARBOUR
18 conveyed by grant deed the real property known *as Subdivision '
19 4747 "Lot A" to intervenor for valuable consideration.
20
10.' Recently, and in gradually increasing degrees of severit
21 an area of the PROPERTY adjacent to the tennis courts within
22 "Lot A" sustained damage as a result of earth slippage caused by
23 defendants ' inadequate and defective construction of the CONTRACT
24 SYSTEM.
25 ll. Intervenor did not discover the nature of .the .defect
26 nor did intervenor appreciate the extent of the damage until on
27 or about May 28, 1983; soon after intervenor gave notice to
28 respondents and their counsel of the damage caused to the PROPERTY
125
� • FIRST CAUSE OF ACTION
2 12 . Intervenor •incocporates herein paragraphs l through 11
3 of the statement of facts. -
4 13 . Respondents owed a duty to intervenor to properly
5 construct the CONTRACT SYSTEM in accordance with the plans and
6 specifications and in a good and workmanlike manner.
7 14 . Respondents breached said duty in thatthe construction
8 and construction supervision for' the CONTRACT SYSTEM done by
9 respondents was done negligently and carelessly . and such negligenc
.y 10 failed to prevent damaging soils movement. Respondents'
11 negligence included but is notlimited to the negligent engineering,
412 constructing and inspecting of the CONTRACT SYSTEM, which
13 negligence proximately resulted in and 'caused the settling,
14 siiding, sinking and shifting of the PROPERTY.
V5 15. The defects ih the CONTRACT SYSTEM were not subject
16 to discovery by reasonable inspection of intervenor following the
17 completion of CONTRACT work.
18 16 . As a' proximate result. of the negligence of* respondents'
19 plaintiff has been damaged in a sum in excess of the jurisdictiona
20 minimum of this Court.
21 17. At such time as the exact extent of the damage
22 suffered by intervenor has been ascertained, intervenor will
23 amend its complaint to set forth that amount.
24 WHEREFORE, intervenor prays as hereinafter set forth.
25 SECOND CAUSE OF ACTION
26 18. Intervenor incorporates herein paragraphs 1 through 11
27 of the statement of facts.
28 19 . Intervenor is successor by assignment of all rights
4. 126
I of SECURITY to the warranties of- respondents.
2 20. Intervenor has .performed all conditions, covenants
3 and promises required .by it on its part to be_ performed in
4 accordance with the terms and conditions of the CONTRACT.
5 21. : .Respondents have breached said warranties in that the
6 PROPERTY. is not : improved, in accordance with the plans and
7 specifications, nor were the improvements constructed in a good
8 and workmanlike. manner.
9 22 . As a proximate result of said breach of -warranty by
10 respondents, intervenor,has been damaged in a sum in excess of
11 the jurisdictional minimum of. this Court.
12 23. At such ti.me .as the exact extent of the damage
13 suffered by intervenor has been . ascertained; intervenor will
14 amend its complaint to ; set forth that amount.
15 WHEREFORE, intervenor prays as hereinafter set. forth.
16 THIRD CAUSE OF ACTION
17 24 . Intervenor incorporates herein paragraphs 1 through 11
18 cf the statement of facts.
19 25. Intervenor is successor. by assignment of the CONTRACT i
20 between SECURITY and defendants. i
21 26. Intervenor has perforemd all conditions, covenants, and
22 promises required by it on its part to be performed in accordance
23 with the terms and conditions of the CONTRACT.
24 27 . Respondents have breached said warranties in that the
25 PROPERTY is not improved in accordance with the plans and
26 specifications, nor were the improvements constructed in a good
27 and workmanlike manner.
28 28. As a proximate result of said breach of warranty by
s. 12'7
1 respondents, intervenor has been damaged in a sum in excess of
2 the jurisdictional minimum. of this Court.
3 29. At such time as the exact extent of the damage
4 suffered by intervenor has been ascertained, intervenor will
5 amend its complaint to set forth that amount.
6 WHEREFORE, intervenor prays as hereinafter set forth.
FOURTH CAUSE OF ACTION
8 30. Intervenor incorporates herein paragraphs 1 through 11
9 of the statement of facts.
10 31. Respondents manufactured the CONTRACT SYSTEM by
11 engineearing, developing, ,p g, constructing, installing and super-
12 wising the completion of all CONTRACT work.
13 32. At all- times herein mentioned, respondents, and each of
14 them, knew and intended that the •CONTRACT SYSTEM constructed by
15 them would be .purchased and used by single-family home buyers
16 and that Lot A would be purchased and used by a homeowners'
17 association such as intervenor.
18 33. The defects in the CONTRACT 'SYSTEM .were not apparent to
19 a purchaser and could only have been ascertained by subsurface
20 inspections.
21 34 . By virtue of the defects in the CONTRACT SYSTEM!
22 proximately caused by respondents , and each of them, respondents
23. are strictly liable to intervenor for the damage to the PROPERTY.
24 35 . In order to repair the damages caused by respondents,
25 intervenor has been required to spend in excess of the juris-
26 dictional minimum of this Court.
27 36. At such time as the exact extent of the damage suffered
28 by intervenor has been ascertained, intervenor will amend its
128
6.
1 complaint to set forth that amount.
2 : HEREFORE, intervenor prays. as hereinafter set forth.
3 1 . Damages against respondents for breach •of contract,
4• breach of warranty, negligence and strict liability according
5 to proof;
6 2. For the costs, expenses and attorney' s fees incurred by
7 intervenor to prosecute this action; and
8 3. For such other and further relief as the Court may deem
9 proper.
10 Dated: June 14, 1983.
11
12 4au�►v i'�
CHIP AN MILES
13 Att ney for Intervenor
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
'• 129
w,.r"a...,y e, w e•n ., w"Wtt" .
c~"y of Contra CMU .Suf of Cdbfo,.rr,d�fibwd■ '
lot A, as n%o v% en the rap of SAAi..isim 4747, recoo ded tfsxeth 30, 1977, in hook of Ms s
195 at per,: 10, Oontza Ooff" Oxmty Aeawads.
&bject tr. t`m Doclexation of Cb+enants, CondlLiaw, and lbtrlctiena commeAd by IMAM
pFCpZF ,.—, a 13ssiLa: pu-u*rahip, zumc+ded July 1, 1977* in awk 8402, at pomp 275, Cont
Cbata County lexads.
EXHIBIT "A" 4r 13 0
1 PROOF OF SERVICE BY MAIL
2
3 I am employed in the County of Alameda; I am over the
age of -18 and not a party to the within action; my business •
4 address is 1970 Broadway, Suite 1110, Oakland, California.
5 On 6/14 , 198 3 , I served the .within
6 COMPLAINT IN INTERVENTION, POINTS AND AUTHORITIES.,, DECLARATION
7 OF CHI'PMAN MILES - ORDER THEREON
8
9 on the below-named in this action by placing a true copy thereof
enclose& in a sealed envelope with postage thereon fully prepaid
10 in the United States Mail at Oakland, California, addressed as
follows:
11
RICHARD D. GIVENS , ESQ.
12 JAMES A. PERKINS, ESQ.
LEAKY, ODEA & GIVENS
i3 235 Montgomery Street, Suite 1150
San Francisco, CA 94104
14
15 CAPP, STAPLES, WARD & HASTINGS
1280 Boulevard Way, Suite ' 204
16 P.O. Box 5607
Walnut Creek, CA 94596
17
18
19
20
21
22
23 I declare that I am employed in the office of a member
of the bar of this court at whose direction' the service was made.
24 _ •
I declare under penalty of perjury that the foregoing
25 is true and correct.
26 Executed on 6/14 , 198 3 , at Oakland,
California.
27
28 �
...N.•f..N Shirley 8 nesh
PHAN MILLS 1 3
....-•......g.
.....\N...Y N.M
• 'F DECL Rr TION OF PERSONAL SERVICE 1,Y HAND-DELIVERY
l
2
3 I am a citizen of the United States. I. am over the age
4 of eig;teen ' (18) .years and not a party to the within above-
. ,
r'
5 entitled action.
6 2:y business address is 1970 Broadway, Suite 1110, Oakland.
7 California. 94612, '
8 On this ate ' I served the foregoing Summons , Complaint in
Intervention, Declaration of Chipman Miles, Order T ereon,
9 Points and Authorities by 'personal I;
10 hand-.delivering a copy to:
11 .
12
RICHARD D. GIVENS, ESQ.
13 One Kaiser Plaza, Thirteenth Floor
Oakland, CA 94612
l4
16 -
l7 .
l$
19
20 -
21
22
23 I certify, under penalty of perjury that the foregoing
2.1 is true and correct.
25 DATED: 6/ 17 ,, 198 .
26 '
2'
CHI MILES
28
,. 132
Sil:•:i ^ .SEN , RLYN'OLDS d ALLARD
iA Processional Corporation D
Attr,rncys at Law
332 19th Street O
3 I Oakland , California •94612-3466 AUG 1 ? 1983
Telephone: (415) 444-7688
J. 11. OLSSON. (:oo^Clork
Attorneys for Cross-Complainant CONTRA COTA C COUNTY
5 HAPPY VALLEY ESTATES HOMEOWNERS' Gy W. Coker, Deputy
ASSOCIATION
( I
8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA
9 THE CORK HARBOUR COMPANY,
a California corporation,
10
Plaintiff, NO. 224922
11
VS.
12 CROSS-COMPLAINT FOR
THE J. ARTHUR WHITE CORPORATION, •.
13 et al. ,, INDEMNITY
14 Defendants.
15
J. ARTHUR WHITE CORPORATION, a
16 California corporation,
17 Cross-Complainant,
18 vs.
19 THE CORK HARBOUR COMPANY, a
California corporation, HAPPY
20VALLEY ESTATES HOMEOWNERS'
ASSOCIATION, an unincorporated
21 association, PURCELL, RHOADES &
ASSOCIATES, DAVID HICKS, ANN
22 HICKS, WILLIAM GREER, JANE
"DOE" GREER, PARVIZ MEHRAN,
.23 MARIAN MEHRAN, and DOES I I
24 through L. inclusive, III
25 Cross-Defendants. I
26
27
28
.ETT. SAMUELSEN
NOlDS • ALLARD
••...O ww♦ ..opunOw
4,2 IST" STREET
�A11I.N D. CA 133
c u v I!V LU J
.I i
}i;&PY VALLEY 3Ti1TES HO."EO:i,NERS'.
ASSOCIATION,
Cross-Complainant ,
VS. I
J. ARTHUR WHITE CORPORATION,
5 a corporation, PURCELL, RHOADES I
& ASSOCIATES, ERNIE DeMARTINI ,
6 EVA DeMARTINI , JERRY GEERNAERT, I
PAM GEERNAERT, BILL GRIER, PEGGY
7 GRIER, ART HAZARBEDIAN, MARGIT
HAZARBEDIAN, DAVID HICKS, ANN
8 HICKS, ED JOHNSON, TERRY VARNEY
JOHNSON , JEFF LAWRENCE, JOHN
9 MARTINEZ, MICHAEL McAULIFFE,
KATHY McAULIFFE, SHASHIKANT G.
10 PATEL, MATTHEW RAGGIO, WENDY
RAGGIO, RICHARD SHEA, ARRIGO
11 STURLA, BARBARA STURLA, MYRON
SUGARMAN, CHERYL SUGARMAN, PARVIZ
12 MEHRAN, MERIAN MEHRAN, CARL KINDT,
FERGUSON & WOLLMANI INC. , :Fox &
13 CRASKADON, INC. , MELVIN LEE
ASSOCIATES, SECURITIES OWNERS
14 CORPORATION, CORK HARBOUR
;COMPANY, CITY OF LAFAYETTE,
15 COUNTY OF CONTRA COSTA,
CONTRA COSTA COUNTY SANITARY
16 DISTRICT and NOES 1 through 100,
inclusive., '
17 -
Cross-Defendants.
18
19 COMES NOW cross-complainant .HAPPY VALLEY ESTATES
20 HOMEOWNERS' ASSOCIATION and alleges as follows:
21 FIRST CAUSE OF ACTION
22 (Implied Equitable Indemnity)
23 I
24 The true names and capacities, whether individual,
25 corporate or associate, of cross-defendants sued herein as
26 MOSS 1 through 100, inclusive, are unknown to cross-complainant
27 who therefore sues such cross-defendants pursuant. to the
28 provisions of Code of Civil Procedure §474 . Cross-complainant
.NETT.SAVUELSEN
HOLDS ALLARD
I. Mw.. .J..O..TIpI.
_.} 16TH LT11[CT
D^NLAwa. CA -2- l34
&A6/2•D466
&151 AAA 7688
I
i1; wi1 : sceK lea . e to amend this cross-coml - int to show cross-
2 defendants ' identities and responsibilities when the same
3 have been ascertained.
4 II
5 Cross-complainant' is informed and believes and
6 thereon alleges, that each of the cross-defendants was the
7 agent , servant and/or employee of each of the other cross-
8 defendants and was at all times mentioned herein acting within
9 the course and scope of such agency and employment.
1G III
11 Cross-complainant HAPPY VALLEY ESTATES HOMEOWNERS'
12 ASSOCIATION is and was at- all times herein mentioned a non-
13 profit, unincorporated association organized and existing
14 under the laws of the State of California.
15 IV
16 On or about September 13, 1982 the First Amended I
17 Complaint for Negligence , Breach of Contract, Breach of Warranty, )
18 and Strict Liability was served. by plaintiff, THE CORK HARBOUR '
19 COMPANY, in this matter. Said First Amended Complaint bore
20 Action No4224922 .for the Superior Court of California in
21 and for the County of Contra Costa. Additionally, on July
22 27, 1983, cross-complainant J. ARTHUR WHITE CORPORATION filed
23 a Cross-Complaint for Indemnity in this matter in the Superior
24 Court of California in and for the County of Contra Costa,
�5 bearing Action No. 224922. Without admitting the truth of
26 the allegations contained in these pleadings, cross-complainant
27 hereby .incorporates by this reference all allegations of
28 said First Amended Complaint and Cross-complaint for Indemnity.
.TETT.SANUELSEN I
•NOLOS 6 ALLARD
.•t•tq w.•CJ..O..•q.
,13 t)?N —3— : �- • 13 5
OnK1AN D.0. CA CA
64612.5466
4151 s447686
I�
1
V
2 At all times herein mentioned, cross-defendant
3 PURCELL, RHOADES & ASSOCIATES , was a business . organization,
4 the exact form and nature which is unknown to cross-complainant,
i
5 who prays leave to amend and insert the same when it is I
6 ascertained, but which business organization was at all times
7 doing business within the State of California. ;
8 Imentioned
VI
9 Cross-complainant is informed and believes that f
10 at all times mentioned herein, defendant , PURCELL, RHOADES
11 & ASSOCIATES, and MOES 1 through 25 collectively and individually,
12 negligently designed, constructed, sampled, tested, reported
13 on, inspected, investigated, graded, excavated, and worked
14 on, real property commonly known as Subdivision 4747, including
15 "Lot A" and other lots, and as a result of said negligence,
16 caused and contributed to the property losses and damages I
17 alleged in -plaintiff 's First Amended Complaint.
18 VII
19 Cross-complainant is informed and believes that I
20 at all times mentioned herein, cross-defendants, ERNIE DeMARTINI,
21 EVA DeMARTINI, JERRY GEERNAERT, PAM GEERNAERT, BILL GRIER,
22 PEGGY GRIER, ART HAZARBEDIAN, MARGIT HAZARBEDIAN, DAVID HICKS,
23 ANN HICKS, ED JOHNSON, TERRY VARNEY JOHNSON, JEFF LAWRENCE,
24 JOHN MARTINEZ, MICHAEL McAULIFFE, KATHY McAULIFFE, SHASHIKANT
25 G. PATEL, MATTHEW RAGGIO, WENDY RAGGIO, RICHARD SHEA, ARRIGO
26 STURLA, BARBARA STURLA, MYRON SUGARMAN and CHERYL SUGARMAN
27 and MOES 26 through 50, collectively and individually, were
1
28 owners of certain real property within Subdivision 4747;
.%ETT,SAMUEISEN �, 1 S
•NOLOS 0 ALLARD 1
•n uor. anoe.n.e•
•Ji 161"
3.,.Ak2. CA -4-
�f 3-110 iL3t. .�.t times herein, id cross-doien6jants ,
1
and each of them, negligently and carelessly maintained ,
` I
3 prepared , uesigned, kept up and used said certain real property,
I
4 improvements and soils contained therein, and that as a
result of said conduct, caused and contributed to the property I
6 damage and losses alleged in plaintiff 's First Amended Complaint.
i VIII `
I
8 Cross-complainant is informed and believes that I
9 at all times herein mentioned, cross-defendants, PARVIZ
10 MEHRAN, MARIAN PIEHRAN, and CARL W. KINDT and MOES 51 through
11 65, collectively and individually were owners of certain -
12 real property located near and around said Subdivision 4747;
13 and at all times herein, said cross-defendants, and each
14 of them, negligently and carelessly maintained, kept up,
15 supervised, controlled, worked on, and engaged in other
16 activities on said cgrtain real property so as to allow water
17 to drain; and down spouts to .flow, at and toward said Subdivision
18 4747 and other - lots, thereby causing and contributing to
19 the property .damage and losses alleged in the First Amended
20 Complaint on file herein.
21 IX
22 On information and belief it is alleged that at
23 all times herein mentioned, cross-defendants FERGUSON & WOLLMAN
24 INC. and FOX & CRASKADON, INC. and MOES 66 through 70 are
25 and were at all times relevant hereto corporations doing
26 business in the State of California. It is further alleged
27 on information and belief that said cross-defendants developed,
28 financed, controlled, condoned, designed, inspected, repaired,
.w ETT.SANUELSEN
VNOLDS 6 ALLARD
I',.,w.y eo..o..tw.
•27 0TN STREET ., 1 }}}yyy
OAKLAND. CA •7 1
6A 612 �A66
415,44A•7666
i enc :.l:rrc. ea ans in a ea: elcss and nec .rent :-:Inner on
and around the real property commonly known as Subdivision
3 4747 and "Lot A" and other lots, and that as a result of
4 said negligence and carelessness, caused and contributed I
5 to the property damage and losses alleged in the complaint
6 on file herein.
7 X
8 It is alleged on information and belief that at
9 all times mentioned herein, cross-defendant MELVIN LEE ASSOCIATES
10 and MOES 71 through 75 were individuals, partnerships, asso-
11 ciations , corporations , unincorporated associations, and/or
12 a sole proprietorships and that said cross-defendants carelessly
13 and negligently designed, constructed, supervised and installed
14 certain tennis courts located on or about said Subidivision
15 4747, including "Lot A" and other lots, and as a result of
16 said negligence and carelessness, caused and contributed
17 to the property losses and damages alleged in the First 'Amended
18 Complaint on file herein.
19 xi . .
20 It is alleged on information and belief that at
21 all times mentioned herein, cross-defendant SECURITIES OWNERS
22 CORPORATION was a corporation doing business in the State
23 of California and was the original developer of said real
24 property within Subdivision 4747 and other lots; and at all
25 times mentioned herein, said cross-defendant negligently
26 and carelessly constructed, developed, approved plans, maintained,
27 inspected, designed, sampled, tested, supervised and controlled
28 the installation and work on the underground sanitary sewer
NETT.SAMUELSEN
HOLDS • ALLARD
.••.w...Troro•nw►
�= 16TH STREET
OAK\AHD. CA �6
64612.7666
6151 AAA-7688 1
13 8)
U
IsyStcm storm „rainage systc-,. , and water ystcm on said real
property , and as a result of said carelessness and negligence,
3 caused and contributed to •the property damage and losses
4 alleged in the First Amended Complaint on file herein.
5 XII
6 It is alleged on information and belief that at
7 all times herein mentioned, cross-defendant J. ARTHUR WHITE
8 CORPORATION was a California corporation licensed to do
9 business and doing business in the State of California; and
10 that said cross-defendant contracted to perform work of.
11 installing an underground sanitary sewer system, storm drainage
12 system and water system on . said real property known as Subdivision
13 4747 in the City of Lafayette, County of Contra Costa, State
14 of California; and that said contract services were performed
15 in a negligent and careless manner so as to cause damaging
16 soil movement, and as a result thereof, said conduct, caused
17 and contributed to the property damage and losses alleged
18 in the First Amended Complaint on file het ein.
19 XIII
20 It is alleged on information and belief that at
21 all times herein mentioned, the CORK HARBOUR COMPANY was
22 a California corporation licensed to do business and doing
23 business in the State of California; that said cross-defendant
.24 individual) and collectively,y, carelessly and negligently
25 constructed, maintained, designed, inspected, tested, repaired,
26 and approved plans, soils, improvements, and buildings, on
27 and around real property commonly known as Subdivision 4747
28 and "Lot A" and other lots, and as a result of said negligence
.NETT.SA64UELSEN
'VNOLDS6 ALLARD
•...qr. CO..O.AT10%
.312 MIA STA(ET -7- - 13 9
OAkLAAD. CA
66612.3666
615, 666-7668 -
� z4nci care-lcssr s , causc6 and cor.tributee o the property
damage and losses alleged in the First Amended Complaint
3 on file herein.
4 XIV
It is alleged on information and belief that at
6 all times herein mentioned , cross-defendants CITY OF LAFAYETTE
7 and COUNTY OF CONTRA COSTA, Were and are public entities
8 created under the laws of the Constitution of the State of
9 California and United States, and are chartered or incorporated
10 or otherwise public entities subject to the jurisdiction Il
11 of this Court; it is further alleged that this cross-complainant"
12 through its attorneys, BENNETT, SAMUELSE•N, REYNOLDS & ALLARD,
13 will have filed claims against each of the aforementioned
14 public entities, which claims will have been rejected or
15 deemed rejected at the time this cross-complaint is served
16 onsaid cross-defendants.
17 Xv
18 It is alleged on information and belief that at
19 all times herein mentioned, cross-defendants the CITY OF
20 LAFAYETTE and the COUNTY OF CONTRA COSTA negligently and
21 carelessly approved, certified, inspected and otherwise
22 condoned the construction, design, soil tests, installation
23 of drainage materials, and ,other construction to said real
24 property within Subdivision 4747 and other lots, and that
25 as a result of said conduct, caused and contributed to the
26 property damage and losses alleged in the First Amended
27 Complaint on file herein.
28
PNE77.SAMUELSEM
•MOLDS • ALLARD
.• ..row.•fMrourp.
Aat f17H
OAKLAMO CA -8- 1..
94617.5466 J.4
6015 aa•7699
1.
XVI i
It is alleged on information and belief that at
3 all times herein mentioned; cross-defendant CONTRA COSTA
4 COUNTY SANITARY DISTRICT and MOSS 76 through 80 were and
5 are public entities created under the laws of .the Constitution
6 of the State of California and United States, and are chartered
7 or incorporated or otherwise are public entities subject .
8 to the jurisdiction of this Court, it is further alleged
5 that cross-complainant herein, by and through its attorneys,
10 BENNETT, SAMUELSEN, REYNOLDS & ALLARD, will have filed a
11 claim against said public entities , and said claim will have —
12 been rejected or deemed rejected at the time this cross-
13 complaint is served on said cross-defendants.
14 XVII
15 It is alleged on information and belief that cross-
16 defendant CONTRA COSTA COUNTY SANITARY DISTRICT performed
-17 work and services on said real property within Subdivision
18 47.47; and that at all times mentioned herein said cross-defendant
19 negligently and carelessly designed, prepared, dug sewers,
•20 installed storm drains, and otherwise constructed piping
21 on said real property, and that as a result of said conduct,
22 caused and contributed' to the property damage and losses
23 alleged in the First Amended Complaint .on file herein.
24 XVIII
25 Cross-complainant is informed and believes that
26 at all times mentioned herein MOES 81 through 100 were and
27 are subcontractors, contractors or other entities which negli-
28 gently and carelessly engaged in the construction, development,
NETT.SAMUELSEN
NOLOS A ALLARD
41.10w..CO.Mubpn
22 19TH STRCCT
OAKLAND. CA —9-
04 612,9466
9-04612-9466 1 /�
4151441.7650 i 1 Y
; ; cxcz,%,aticm, L: ign, instali�tion of orci ye, in.tallation
lof tennis courts, approval of plans , inspection, maintenance.
3 supervision, installation of sanitary sewer systems and/or
4 repair on or around the real property referred to herein,
5 commonly known as Subdivision 4747 and "Lot A", and other I
6 lots, and that as a result of said negligence and carelessness, 1
7 caused and contributed to the property damage and losses
8 alleged in the complaint on file herein.
9 XIX
10 Cross-complainant alleges that as between itself
11 and cross-defendants, and each of them, any and all liability -'
12 which this cross-complainant.-may incur as- a result of the
13 allegations of the complaint on file herein, or any cross-
14 complaint on file herein, is the full responsibility and
15 Tiability of .cross-defendants, and each of them.
16 - XX
17 -Cross-complainant alleges that if plaint iff. should
18 establish the allegations. of the complaint as true, or that
19 cross-complainants other. than this party, should establish
20 the allegations of their cross-complaints as true, the proximate
21 cause of the alleged damages to plaintiff and/or others will
22 derive solely by reason of the active, direct and primary
23 conduct, breach and negligence of cross-defendants, and each
24 of them. Any conduct of this cross-complainant was secondary,
25 passive, indirect and without active fault.
26 XXI
27 If any judgment should be rendered in favor of
28 plaintiff and against this cross-complainant as the result
%r77.SAMUELSEN
%OLDS 6 ALLARD
•111.0.44 cc-M-4110.
.2, 16.N - -lo- 14 2
pwlLww D.D. CA CA
94612.7466
4151 444 '►6sa
�I
Of Lilt: C(i.;M3J alleged , thvt! Cross-C CT p] .)ant is C:+t:tled
to total indemnity on an implied equitable basis from the
3 cross-defendants, and ,each, of them. Cross-complainant is
4 entitled to recover from said cross-defendants, and each
5 of them, the amount of said judgment for plaintiff and all
6 costs of suit and expenses of defense including ,, but not
7 limited to, attorneys' fees in the within action.
8 XXII
9 Cross-complainant desires a judicial determination
10 of its right to indemnity from cross-defendants, and each
11 of them, under the circumstances alleged herein. Such a
12 declaration is necessary and appropriate at this time in
13 order to avoid the circuity and multiplicity of actions that
14 will otherwise be required of cross-complainant to defend
15 �t, his action and bring a separate action against cross-defendants,
16 and each of them. . Cross-complainant has no adequate or speedy
17 remedy at law.
18 WHEREFORE, cross-complainant 'prays as. hereinafter
19 set forth.
20 SECOND CAUSE OF ACTION
21 (Comparative Indemnity)
22 XXI I I
23 Cross-complainant refers to and incorporates herein
24 by this reference all of the allegations made and contained in
25 Paragraphs I through XX, inclusive, of the First Cause of
26 Action.
27 XXIV
28 Should it be determined that cross-complainant
NETT. SANUELSEN
NOLOS 6 ALLARD
II7 39TH STREET
OAA\AAD. CA -11-
94612.7,666 143
.4151 A&A-7688
.•�' : iY : O. v�:: . �.iill ' :, .:.:�', ::LiJ: Or t:;v
O! .i.?_' JG?O.� party In L'n::) CC1G:?, liaLLle to plaintiff .•7:.0/or
• 1lother parties for any inju:: ies alleged in said complaint
4 for cross-complaint, cross-complainant is entitled to comparative
inaumnity. from cross-defendants, and each of them, for the
6 proportion of said injuries and/or damages caused by the
7 negligence, carelessness, breach; fault and/or other wrongful
8 conduct of cross-defendants, and each of them; said comparative
9 indemnity to be determined by the proportionate degree or
10 allocation of fault for such negligence or other wrongful
11 conduct of cross-defendants, and each of them.
12 WHEREFORE, cross-complainant HAPPY VALLEY ESTATES
13 HOMEOWNERS' ASSOCIATION prays a5 • follows:
14 1. That in the event it is determined that plaintiff
or any other parties herein, are entitled to any sum from
16 this cross-complainant, then, and in that event, a determination
17 be made.-of -the proportionate negligence and/or other wrongful
18 conduct of cross-complainant and cross-defendants, and each
19 of them, . and that this Court determine and adjudge that cross-
20 defendants, and each of them, are liable to indemnify cross-
21 complainant in proportion. to the negligence and other wrongful
22 conduct of cross-defendants, and each of them;
23 2. For costs of suit incurred herein; and,
'4 3. For . such other , further and additional relief
25 las this Court may deem necessary and proper.
.'u DATED: August 12, 19S3
,7 1'TT . SAN. SLS {v,, REYN iiDS ALL
2S BY -
OI1N G. COWPERTHWA
MAE77,sAMUE� •[.. attorneys for- Coss-Complainant
;.tNOIC5, • A►IAN:. :
.�......•..o•••••••�- APPY VALLEY ES ATES HOMEOWNERS'
222 •6+-sr�EE7 ;
o.•,...,. cA SSOCIATION 14
94612•)466 '
.also 444.7686 n 1.
�I
I CERTIFICATE OF MAILING
2 I, the undersigned declare under penalty of perjury:
3 That I am a citizen of the United States, over the age of
4 18 and not a party to the within cause or proceeding; that I am
5 an employee of BENNETT, SAMUELSEN & REYNOLDS and . my business
6 address is 332 19th Street, Oakland; California 94612; that 1
7 served a true copy of the attached CROSS-COMPLAINT FOR INDEMNITY
89 1by placing said copy in an envelope addressed to:
10 RICHARD D. GIVENS CHIPMAN MILES
235 Montgomery Street, 1607 1970 Broadway, #1110
11 San Francisco, CA 94104 Oakland, CA 94612
12 WILLIAM H. STAPLES
CAPPS, STAPLES, WARD, HASTINGS
13 & DODSON
P.. 0. BOX 5607
14 Walnut Creek, CA 94596
15 JOSEPH RYAN .
MARTIN, RYAN & ANDRADA
16 One Kaiser Plaza, #785
Oakland, CA 94612
17 RICHARD G. BLAIR
18 BUCHMAN, KASS, MORGAN & MILLER I
One Kaiser Plaza- Thirteenth Floor
19 Oakland, CA 94612
20
21 which envelope was theA sealed and postage fully prepaid thereon,
22 and thereafter , on the date set forth below, deposited in the
23 United States mail at Oakland, California.
2i (That there is delivery service by United States mail at the place
so addressed , or regular communication by United States mail
25 between the. .place of mailing and the place so addressed. )
26 Executed at Oakland, California this 12th day of
27 August 1983
28 0.,&i
IIETT. SANUELSEN QUEEN E. ROBERTS
• REYNOLDS
ESHW.AL:ORPORAY
J2 1ST«STREET 1 4
.AND CAL./ N612 144
.415,AAA TNS f
&LID
LAW OFi1GES OF
CHIPMAN MILES
WORLD SAVINGS TOWER
1870 BROADWAY, SUITE 1110 ,
OAKLAND, CALIFORNIA 94612 rrr
(41S) 763-4500 fLlZ1�'Y�
December 19, 1983 r' r. r J983
R: G. P:, )NG
To All Counsel:
Re : Cork Harbour vs. J. Arthur White, et al.
Happy Valley Estates Association
Landslide Repairs ;
Contra Costa No. 224922
Ladies and Gentlemen:
On July b, September 8, October 4, November 7 and December 15,
settlement conferences have been conducted in Department No. 8
in Martinez.
A consensus has been reached that it would be in everyone's best
interest to effect a permanent repair of the unstable condition at
Lot A,,-,,Subdivision 4747, in order to minimize total damages and
eliminate punitive damages.
To this end,, many parties have 'contributed funds. Contributions to
date are:
Developers:
Cork Harbour carrier $1201000.00
Security Owners carrier -0-
Subcontractors :
J. Arthur White carriers 75,000. 00
vIndependentsConstruction carrier -0-
Maher & Sons carriers 10,000. 00
.Yeghoian carrier -0-
Uphill Landowners:
Lench carrier 20,000.00
Yates carrier 20,000.00
Mehrens carriers 20,000.00
Downhill . Landowners :
Hicks carrier 20,000.00
Hazarbedian carrier 20.000. 00
Giernaert carrier 20,000. 00
Grier carrier 20,000. 00
deMartini aarrier 5 .000.00
146
Lc-s D
L 1i [:
To All Counsel:
December 19, 1983
Page Two
Downhill Landowners (con't)
McAuliffe carrier -0-
Johnson carrier -0-
Raggio carrier -0-
Patel carrier -0-
Sugarman carrier -0-
Sturla carrier .0-
Martinez carrier -0-
Other Parties :
City of Lafayette -0-
County of Contra Costa -0-
East Bay MUD -0-
Central Contra Costa Sanitary District -0-
An additional $136,000. 00 is needed to complete payments for the
repairs, which are almost finished. The Association has instituted
these 'repairs in reliance on the assurances of the various parties
to this. action that repairs were in everyone's best interest and
that funds would be available.
At the most recent conference, only those parties who had been
identified as having considerable "exposure" were asked to attend.
These parties balked at that classification* and were unwilling to
contribute additional sums until key photos and documents were made
available.
Arrangements have now been made for photos and documents for
requesting parties.
The feeling was also expressed that, inasmuch as the spirit of the
repair program has been that payments are not based on fault
allocation, it is unfair to single out parties most of whom had
already contributed as the sole source of future payments.
Although $136 , 000. 00 is a lot of money, this total could be obtained
either if a) each listed party were to pay the sum of $5 ,700. 00,
regardless of prior payments; or if b) each party who has made no
payment or less than $20,000.00 were to pay the sum of $10,000.00.
A third alternative, for which there has been some sentiment, would
have carriers .for Cork Harbour, Lench, Yates, Mehrens , Maher and Sons
and Independent Construction bear a slightly hither per cent
contribution than other contributing parties.
14'7
To All Counsel :
December 19, 1983
Page Three
It would seem desireable to pursue one of these: three alternatives.
A . significant effort has been made to date to minimize damages.
It would be a shame for damages to increase geometrically at this
stage, due to the lien foreclosures and- related actions of
Association creditors.
Only in the event this matter is not resolved beforehand, Judge
Cooney has asked all counsel and carrier representatives to meet in
Department No. B. Martinez , Tuesday, January 17, 1984 , at 4 : 00 p.m.
Thank you for your consideration.
Yours very truly,
r /
;;•, CHI MAN MILES
CM:s
148
SERVICE LIST
Richard D. Givens , Esq. Attorneys for Plaintiff
V
235 Montgomery Street, Suite 607 THE CORK HARBOUR COMPANY
San Francisco, CA 94104
Joseph Ryan, Esq. Attorneys for Plaintiff
MARTIN, RYAN &-ANDRADA THE CORK ' HARBOUR COMPANY
Ordway Building, Suite 785
One Kaiser Plaza '
Oakland, CA 94612
William H. Staples, Esq. Attorneys for Defendant
CAPPS, STAPLES, WARD, HASTINGS J. ARTHUR WHITE
& DODSON CORPORATION
P.O. Box 5607
Walnut Creek, CA 94596
Bryant. M. Bennett, Esq. Attorneys for Cross-
BENNETT, SAMUELSON, REYNOLDS & Defendant, HAPPY VALLEY
ALLARD ESTATES HOMEOWNERS' ASSN.
•332 - 19th Street
Oakland, CA' 94512
Chipman Miles, Esq. Attorneys for Inteventor
1970 Broadway; Suite 1110 HAPPY VALLEY ESTATES
Oakland, CA 94612 HOMEOWNERS' ASSOCIATION
Richard G. Blair, Esq. Attorneys for Cross-
BUCHMAN, KASS, MORGAN & MILLER Defendant, DAVID HICKS
One Kaiser Plaza, 13th Floor and ANN HICKS
Oakland, California 94612
John D. St. Clair, Esq. Attorneys for Cross-
ST. GLAIR, ZAPPETTINI, McFETRIDGE Defendant CARL KINDT
& GRIFFIN
235 Montgomery Street, Suite 635 "
San Francisco, CA 94104
John E. Haapala, Esq. Attorneys for Cross-
VAN DE POEL, STRICKLAND & HAAPALA Defendant CONRAD YATES
2030 Franklin Street, Fifth Floor
Oakland, CA 94612
Preston N. Ericksen, Esq. Attorneys for Cross-
ERICKSEN, ARBUTHNOT& McCARTHY, Defendants WILLIAM E.
KEARNEY & WALSH, INC. GRIER and MARGARET W.
535 Mira Vista Avenue GRIER
Oakland, CA 94610
Paul Fama, Esq`. ,Attorneys for ICross-
WININGHAM, ROBERTS, ROGIE AND FAMA Defendants EDWUD A.
425 California Street, 4th Floor JOHNSON and TERRY
San Francisco, CA 94104 VARNEY JOHNSON
Timothy M. McMAHON, Esq. Attorneys for Cross- 149
LAW OFFICES OF ARCHER & McCOMAS Defendant BILL MAHER &
Post Office Box 8035 SONS, INC.
47.ames P. Slater II , �.;q. At irneys for Cross-
3'0IfNS0N, VacGOWAN a MCINERNE Defendants. MEI;RAN and
`490 Grand Avenue MARIAN MEHRAN
Oakland, CA 94610
4 .
Stuart M. Gordon, Esq. Attorneys for Cross-
GORDON & REES Defendant, EVA
601 Montgomery Street, 4th Floor DeMARTINI
San Francisco, CA 94111
Richard McNeely, Esq. Attorneys for Cross
-
CRESSWELL, DAVID, CAKE & McNEELY Defendant, SECURITY
270 Grand Avenue at Lenox OWNERS CORP.
Post Office Box 10266
Oakland, CA 94610-0266
Kristine P. Birkhimer Attorneys for Cross-
Bower, Baraban ,&_Birkhimer Defendants ART
555 California. Street, Suite 2455 HAZARBEDIAN and MARGIT
San Francisco, CA 94104 . HAZARBEDIAN
Timothy J. Ryan, Esq. Attorneys for Cross-
GORDON, DeFRAGA, WATROUS & Defendant CONTRA COSTA
PEZZAGLIA COUNTY
611 Las Juntas Street
Post Office Box 630
Martinez: CA 94553
Craig Starr, Esq. Attorneys for Cross-
BLEDSOE, CATHCART# BOYD, Defendant FRANK LENCH
ELIOT & CURFMAN
650 California Street* Suite 2828 .
San Francisco, CA 94104
Gary M. Lepper, Esq. Attorneys for Cross-
STODDARD# LERPER & FALCO Defendant CITY OF
1601 North California Boulevard LAFAYETTE
Walnut Creek, CA 94596.
John Lees, Esq. - Attorneys for Cross-
GIBBONS, LEES & SCHAEFFER Defendant JERRY
1601 North California" Boulevard . _ GEERNAERT and PAM
Walnut Creek,-'CA -94596 GEERNAERT
Howard W. Ashcraft, Esq. Attorneys for Cross-
SEVERSON, WERSON, BERKE & MELCHIOR -Defendant HALLENBECK#
One Embarcadero Center, -25th Floor McKAY & ASSOCIATES
San Francisco, CA 94111
Richard S. Grey, Esq. Attorneys for Cross-
PILLSBURY,; l7ADISON & SUTRO Defendants WILLIAM
225 -Bushe+e
•S rt E. GRIER and MARGARET
Post Offict Box 7880 W. GRIER
San Francisco, CA. 94120
Dan Rhodes On Behalf of
780 East Trimble. Cross-Defendant
Suite 102 PURCELL# RHODES & 1 .50
San Jose, CA 95131 ASSOC. -
Jim Niven, Esq . Attorneys for Cross-
NIVEN & SMITH Defendants, FOX b
50 California Street . . o CARSKADON, INC.
San Francisco, CA 94109
Ernie De Martini
10 Toledo Drive
Lafayette, CA 94549
Melvin Lee Associates
1650 Pacific Street
San Francisco, CA 94109
Ben Ferguson On Behalf of Cross-
200 Gregory Lane Defendant, FERGUSON
Pleasant Hill, CA 94523 & WALLMAN, INC.
John J. Carniato On Behalf of Cross
Suite 300 Defendant, CONTRA
3708 Mt. Diablo Boulevard COSTA SANITARY
Lafayette, CA 94549 DISTRICT
Lawrence B. Karp
100 Tres Mesas
Orinda, . CA 94563
Christopher M. Harnett, Jr. , Esq. Attorneys for Cross-Complainai
ROBERT G.=PARTRIDGE, INC. YEGHOIAN'S EXCAVATING COMPANY,
1120 Ballena Boulevard INC.
Alameda, CA 94501
Charles A. Wood, Jr. , Esq. Attorneys for Cross-Defendant,
TINNING & DeLAP EAST BAY MUNICIPAL UTILITY
P.O. Box 5246 DISTRICT
Walnut Creek, CA 94596
Richard T. Bowles; Esq. Attorneys for Cross-Defendants
N. Kathleen Strickland, Esq. MICHAEL McAULIFFE and KATHY
BRONSON, BRONSON & McKINNON McAULIFFE
One Walnut Creek Center
100 Pringle Avenue, Suite 550
P.O. Box 8071
Walnut Creek, CA 94596
Pamela Levin, Esq. Attorneys for Cross-Defendants
THDRNTON,TAYLOR & DOWNS ARRIGO STURLA and BARBARA
505 Sansome Street, Suite 8.00 STURLA
San Francisco, CA .94111
151
.rN,17LLIAM L: GONSER, ESQ. Attorney for Cross-Complainants
ltil5 Bonanza Street, Suite 204 ARRIGO STURLA and BARBARA STUR1
Walnut Creek, CA 94596 A
Andrew R. Adler, Esq. Attorney for MYRON SUGARMAN anc
BOORNAZIAN, JENSEN & GARTHE CHERYL SUGARMAN
1504 Franklin Street
Oakland, CA 94612
152
Board Action :
. Ci,AIM February 28, 1984
EMM Cr SUPW719M Cr CONTRA C10RA COMM CALMW1A
Claim Against the County, at District ) WMICE 70 CLkVVtdP
governed by the Board of Supervisors, ) The copys t ma ed 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
Claimant:
Kirk Bowman and 915.4. Please note all "Warning's'.
Attorney.
Donald W . Curran CountyCounset
Curran & Alschuler JAN 24 1984
Address: 629 Oakland Avenue
Oakland , CA 94611 Martiuez, CA94553
Amount: $18;000. 00 By delivery to clerk on
Date Received: J a-nu a r y 23 , 1984 By mail, postmarked on J a n u a r y 21 , 1984
I. HM: Clerk of the Board of Supervisors 710: County Counsel
Attached is a copy of the above-noted claim.
Dated: January 23 , 1984 J.R. OLSSaN, Clerk, By,--� qty
II. FROM: County Counsel 70: Clerk of the Board of Supero sons
(Check only one)
(�) This claim complies substantially with Sections 910 and 910.2.
/( ) This claim FA.TLS 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 filet]
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) Canty Counsel, County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOW 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 n is
mi utes for this date. /���,� �
Dated: - ;79L, [qF'� J. R. MSSON, Clerk, By "/rF -roc? , Deputy Clerk
W RNING (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 an this
claim. See Government Code Section 945.6. -
You may seek the advice of an attorney of your choice in =viecticn with this
matter. If you want to consult an attorney, you should do so immediately.
V. FROM: Clerk of the Board 7V: (1) County Counsel, (2) County Administrator
. We notified the claimant of the Board's
action as 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
tn claimant.
DATFID: J. R. C SSON, Clerk, By, /���,: _r Deputy Clerk
cc: County Administrator (1) County Counsel (2) 153
CLAIM
CLAIM AGAINST THE COUNTY OF CO
I VED
In the Matter of the Claim of JAN Q31144
KIRK BOWMAN, Claimant, J• t m8scW,
BOARD OF SUFfWLSORS
VS.
THE COUNTY OF CONTRA COSTA.
KIRK BOWMAN, on his behalf, hereby presents this
claim to the Board of Supervisors of the County of Contra
Costa:
1. The name and post-office .address of Kirk
Bowman is as follows : 1 E1 Patio, Orinda, California 94563.
2. . The post-office address to which Kirk Bowman
desires notice of this claim to be sent is: Donald W.
Curran, Curran & Alschuler, A. Professional Corporation,
629 Oakland Avenue, Oakland, CA 94611.
3. On or about July, 1983, at 1 E1 Patio, Orinda,
California, claimant suffered damages to real property, his
single family dwelling located at 1 El Patio, Orinda, Calif-
ornia.
4. Substantial damage to the real property
occurred in July, 1983, when it was discovered that founda-
tions to be constructed pursuant to a building permit negli-
gently issued to Russell Kirk, individually and doing business
as K & D West, then in fact an unlicensed contractor, unknown
154
1.
at
as such, and acting in behalf of claimant, were not in fact
installed, but fraudulently represented as installed by
building inspectors employed by the County of Conta Costa.
5. So far as it is known to Kirk Bowman at the
date of filing this claim, he has incurred damages in the
amount of $18,000. 00 due to .damage to the real property
because the foundation was not installed.
6. Ed Hoskinson, Building Inspector, Dan Veien,
Building Inspector, and W. A. Silva, Building Inspector,
are public employees having knowledge of the incidents and
occurrences set forth above.
7. At the time of presentation of this claim,
Kirk Bowman claims damages in the amount of $18,000. 00
computed on the basis of damage done to the real property
r
as a result of the foundations not being installed, the
cost of installation thereof, and the interference with
P
the use and enjoyment of his property.
Dated: January , 1984.
r
Ki k BbWman
2. 1 5rj
Board Action :
CWX February 28, 1984
9 HOAR DT+ SOPWVI9QiS OF CONTRA Mmme CRUPOM11A
i
C aim Against the County, or District ) MOTICB TO CZAMW
governed by the Board of Supervisors, ) The copy s t7ma led 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
Claimant: nary Dean Skramovsky and 915.4. Please note all 'Warningronnty counsel
Attorney: ,JAN 2 4 1984
Address: 2408 Lemontree Ct . #1 Martinez, CA 94553
Antioch , CA 94509 Hand Delivered
Amount: $150:00 By delivery to clerk on January 23 , 1984
Date Received: -January 23 , 1984 By mail, postmarked on
I. FRCM: Clerk of the Boara of Supervisors T0: County Counsel
Attached is a copy of the above-noted claim.
Dated: January 23 , 1984J R. C[SSW, Clerk, By Deputy
II.
FROM: County Counsel T0: Clerk of the Board of Supery sons
(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: /--2 By: • &L.4L44., Deputy County Counsel
III. FROM: Clerk of the Board TO: (1) County Counsel, (2 Canty Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD By unanimous vote of Supervisors present
(� This claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy f the Board's Order entered in its
Tiutes for this date.
Dated: F P J. R. CILSSCN, Clerk, By , Deputy Clerk
MhMIMG (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 c=*ctien with this
matter. If you want to consult an attorney, you should do so immediately.
V. PROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator
. 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 acoo rdance with Section 29703.
( ) A warning of claimant's right to apply for leave to present a late claim was mailed
aimant. V G�zfiu 0
DATED: J. R. C�.SSON, Clerk, By , Deputy Clerk
cc: County Adninistrator (1) County Counsel (2) 156
CLAIM
CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
Instructions to Claimant
A. Claims relating to causes of action for death or for injury to
person or to 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. 0. 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 ) Resery stamps
X4 ED
JAN cR3 1984
Against the COUNTY OF CONTRA COSTA)
J. R. OLSSON
or DISTRICT)or OF SUPERVISORS
(Fill in name) ) e ••-• i !D,
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ frrj
and in support of this claim represents as follows :
--------------------=---------------------------------------------------
1. When did the damage. or injury occur? (Give exact date and hour)
-!p�f'-----------
--------------------------
2. Where id the 'damage or injury occur. (Include city and county)
Jne�.'Z-�_
3. How did the damage or injury occur? (Give full details, use extra
sheets if required)
4 . What pafticular act or omission on the part df cersnty r district
�officers , servants or employees caused the/injury or da:,iage7
/v e F e > i ti ,FIG c f�iv� iI/
5'7
�.. What. a�' tthe names .r` coxutty- aw d]i%t2t!=tt affe%& �� or
•/' eTv,31wiserip am lnT. the ammgm mr- Iimtmry
U6( ✓7 r o 2�C �d �/}Pf/it P S�1�.f�r�/`S l��P//J �G.� j/.Ql� (�dsfi�
P /tZ at damage- or injuries do. you claim resu3teay� ZGYve- l extent
of injur es r damages claimed.. Attach- two es�imates: fox- auto: /
damage)' ,S/fre / G'o�.�.¢�//�ri✓y �j��seNB� u ,�,e��`���</i6/e i�r�lS �/�s/ �ast. 1� �s
e/ r, uss// Pke-.s l3� ofPCaRNT/cr HNJe / �TQ.a. cl/Ial!(a/e'� /�Nj� Q/�$Cf/e jjl/JFS. /9/� y�
dazz__ wrt _ _ -_
7. How was the amount claimed above computed? (Include the estimated
amount of any prospective injury or damage//. ) (6fs o��,e,psri, is vot��e 4C
f$ (,U Pk l° SGS/ r /- Qr6Q,¢frCNT lax 6;111A-4. ,-e
i¢/le A10 -1 ,ci�/rte Fir6/� do d�q-/u e a.e/,P,e' t u,.¢s /s
-------------------------------------------------------------------------
. Names and /addrresses of wwjitnesses, doctors and hos itals. S
/o- er re L�G�djti i
f
9.
P,. you you made on account of this accident or injury:
'DATE ITEM AMOUNT
0
Govt. Code Sec. 910.2 provides :
"The claim sign by th claimant
SEND NOTICES TO: (Attorney) 'or b som a on on ' s behalf. "
Name and Address of Attorney
nature
D8• ��
Addr ss
Telephone No. Telephone No.
NOTICE
Section 72 of the Penal Code provides:
"Every person who, with intent to, def.raud, 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. "
158
Board Action :
CLMN February 28, 1984
BOARD CP SMUMSOM CF CCtm COM COMM CRLMKWIA
Claim Against the Cbuntyr or District ) RMCE To CZAZ 9Xr
governed by the Board of Supervisors, ) '!he copy s t ma ed to you is your
Routing Endorsements, and Board ) notice of the action takes: on your claim by the
Action. All Section references are ) Board of Supervisors (Paragraph IV, balm)s,
to California Government Codes ) given pursuant to Ooaerrment Code Section 913
Claimant.
Z a n d r a L . Smith and 915.4. Please note all ftwmings•.
Attorney: Richard Groff
County Counsel
Address: 3105 Lone Tree Way
Antioch , CA .94509 JAN 2 7 1984
fit: Unspetified By delivery to clerk on 94553
Date Received: -January 26, 1984 By will, postmarked on January 23, 1984
I. FROM: Clerk of the Board of Supervisors 70: County Counsel
Attached is a copy of the above-rioted claim.
Dated: January 2 6 , 19 8 4 J.R. �.SaCPi, Clerk, By UL
Deputy
Helen P . Marino
Ii. PER: County Cansel TO: Clerk of the Board of Supero sora
(Check only one)
( ) This claim complies substantially with Sections 910 and 910.2.
( This claim FAITS 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: ty County Counsel
III. PROM Clerk of the Board TO: (1 County Counsel, (2) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV, BOAM I By unanimous vote of Supervisors present
()6 This claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Boards Order entered is
minutes for this date. _
Dated: J. R. CSS.SON, Clerk, By , Deputy Clerk
MMM (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 Dart action an this
claim. Bee Goverment Code Section 945.6.
You any seek the advice of an attorney of your choice in connection with this
natter. If you want to consult an attorney, you should do so immediately.
V. FRAM: Clerk of the Board 10: (1) County Counsel, (2) County Administrator
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 an the Board's copy of this Claim in aoomrdanoe with Section 29703.
( ) A darning of claimant's right to apply for to present a late.claim was mailed
to imarut.
DATED: � a V& R. CLSSCN, Clerk, Bylea • Deputy Clerk
cc: County Administrator (1) County Counsel (2)
159
CLAIM
-CLAIM TO: BOARD" 01 SUPERVISORS OF CONTRA COSTA COUNTY
Instructions to 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 ent=ty, 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 Clerk' s filing stamps
ZANDRA L. S1,11TH )
RECEIVED
Against the COUNTY OF CONTRA COSTA)
F
or DISTRICT)
Fill in name ) J. R. OFSSON
CLERK OARD OF SUPERVISORS �
N COST
The undersigned claimant hereby makes claim ontra
Costa or the above-named District in the sum of $
and in support of this claim represents as follows:
------------------------------------------------------------------------
1. When did the damage. or injury occur? (Give exact date and hour)
UNKNOWN
----------- ---------or----in-j---ury--occur?-------- -----(Include---c---y_ 4nd
it - nd count------
2. Where did the damage county)
CONTRA COSTA COUNTY HOSPITAL, MARTINEZ, CA. COUNTY OF CONTRA COSTA
-- --- --- -----= ---------------- -----
37-flow-did-the-damage-or injury occur?-- (Give------d-tails, use -e-x-t-r-a
--
sheets if required)
WHILE AT THE HOSPITAL FOR AN ILLNESS MY PENDENT WAS CARES.6SLY MISPLACED.
--------------------------------------------------------------7---------
4. What particular act or omission on the part of county or district
officers , servants or employees caused the injury or damage?
THE AIDES AT COUNTY HOSPITAL REND VED 1-1/3 CARAT DIAMOND PENDENT SET 2N
14 CARAT GOLD AND ALSO REMOVED 1 LEFT CONTACT LENS "BATCH TORE AND WILL
HAVE TO BE REPLACED IN ORDER TO SEE PROPERLY. (over)
160
5. . What are the names of -county or .district officers, servants -or
employees causing the damage or injury?
MY DOCTORS NAME WHILE AT COUNTY HOSPITAL WAS DR. NEW= & NURSES ATTENDED TO ME.
--------------------------------------aim re------? (Give What damageor injuries do you claim resulted? (Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage)
I KNOW LONGER HAVE MY 1/3 KARAT DIAM09D PENDANT WHICH HAD A GREAT DEAL
OF SENTIMENTAL VALUE AND I WILL NEED-10 REPLACE ONE LEFT CONTACT LENS
-=------------------------------------------------=---------------------
7. How was the amount claimed above computed? (Include the estimated
amount of any prospective injury or damage. )
VALUE OF A 1/3 KARAT DIAMOND PENDENT SET IN 14 KARAT GOLD IS $1,800. 00.
I HAVE OBTAINED THIS INFORMATION FROM A REPUTABLE JEWLER IN ANTIOCH, CA.
VALUE OF A CONTACT LENS TO BE REPLACED WILL BE $50.00, ANTIOCH 0 PTbMTERIST.
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
DECEMBER 5 1983 CLASSIFIED ADVERTISEMENT 2.22
'. .. ' 1/3 KARAT DIAMOND PENDENT NOT REPLACED
1 LEFT CONTACT LENS $50.00
OCT.-JAN. 1983/1984 PACIFIC TELEPHONE BILL $60.00 (STILL OWING)
'(CALLS MADE TO COUNTY HOSPITAL IN ORDER TO OBTAIN INFORMATION ABOUT MY PENDENT)
Govt. Code Sec. 910.2 provides :
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or by some person ori his behalf. "
Name and Address of Attorney
RICHARD GRUFF Claimant' s SignaAure
ATTbMY AT-LAW
Address
3105 LONE TREE WAY �sv ag, (1 _ 9 ut S(�9
ANTIOCH, CALIFORNIA 94509
Telephone No. (�+15) 757-8686 Telephone No. �y�r +7�tr -'197
NOTICE
Section 72 of the Penal Code provides:
i
"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. "
P.S. I WDULD APPRECIATE HEARING FROM YOUR OFFICE AT YOUR EARLIEST CONVENIENCE.
µ
161
' RECEIVED
February 6, 1984
J. R. OLSSON
CLERK S . RD OF SUP'sRVIStd'? Zandra L. Smith
i �+ cy 1508 Hargrove Court
By
- Antioch, CA. 94509
Phone #754-7897
Clerk of the Board of Supervisors
P. 0. Box 911
Martinez, California
Dear Sir:
On January 25, 1984 I mailed you a claim regarding a 1/3 carat
diamond pendant that was misplaced, one left contact lens that was
torn while being removed from my eye, one classified advertisement,
60 calls made to Contra Costa County Hospital in,Martinez in order.-
to obtain my missing pendant.
On October 5, 1983 I was admitted into Martinez County Hospital.
For the actual time you would have to obtain the records from them.
If it would expedite this matter you have my permission to obtain
the necessary records regarding my stay.
I can't be certain of either the actual day or time of my loss
because of my illness. I would certainly hope that someone might
truly understand -thetsenimental loss of such an item as my pendant.
I will Look forward to your reply in this matter. Thank you for
your consideration and will look forward to hearing from you.
Sincerely,
Zandra L. Smith
U P
AMENDED CLAIM Board Action :
� . aAIIK February 28 , 1984
BMID CP SDPEWISC4i.S i it CXNM COSTFL C10URY, C,LMSM
Cla Against the County, or District ) WMCE TO C[U1N
governed by the Board of Supervisors, ) The cops► s t,ma led to you is yaw
Routing Endorsements, and Board ) notice of the action taken on your claim by the
Action. All Section references are ) Board of Supervisors (Paragraph IV, bels►),
to California Government Codes ) given pursuant to Government (lode Section 913
and 915.4. Please note all "Warnings•.
Claimant: Happy Valley Estates Homeowners
Attorney: Bennett, Samuel sen , Reynolds & Allard County Counsel
Address: 332 19th Street FEB 15 1984
Oakland , CA 94612-3466
Amount: $481 .000 . By delivery to clerk on Martinez. CA 94553
Date Received: -February 10, 1984 By mail, postmarked on February 8, 1984
I. RM: Clerk of the Board of Supervisors 70: County Counsel
Attached is a copy of the above-noted claim.
. February 10 , 1984 P° u t
Dated. J.R. Cs.SSON, Clerk, By �T -; Tp_Depu y
II. Fri: County Counsel 70: Clerk of the Board of Supervisors
(Check only one)
(X) This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAIIS to comply substantially with Sections 910 and 910.2, and we are
so notifying claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed, Clerk should return claim an ground that it was filed
late and sena 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) County 1, (2) County Administrator
( ) Claim was returned as untimely with notioe to claimant (Section 911.3).
N. Bow Ott By unanimous vote of Supervisors present
(X) This claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy f the Board's Order entered n is
minu es for this date.
Dated: a�.t�k J. R. Ca,SSON, Clerk, By , Deputy Clerk
WMW= (Gov, Code Section 913)
Subject to certain exceptions, you have only six (6) months from the date this
notice was personally served or deposited in the mail .to file a court action on this
claim. See Goverment Code Section 945,6,
You may seek the advice of an attorney of your choice in cmmectien with this
matter, If you want to consult an attorney, you should do so immediately.
. V. PROM: Clerk of the Board 70: (1) County Counsel, (2) Cotmty Administrator
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 Hoard'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. � Deputy Clerk
DATED: a& J. R. CES", Clerk, By ` _, / / �oa�tc.�,� .
CC: County Administrator .(1) County Counsel (2) .1 s n
CLAIM
BENNETT, SAMUELSEN, REYNOLDS & ALLARD
CLRYANT M. BENNETT A PROFESSIONAL CORPORATION
DAVID J. SAMUELSEN ATTORNEYS AT LAW AREA CODE 415
RICHARD L.REYNOLDS 332 19TH STREET 444-7688
ANTHONY J. ALLARD OAKLAND,CALIFORNIA 94612-3466
JOHN G.COWPERTHWAITE
MAUREEN C. BROOKS
FRECEIVED1
February 8 , 1984 SUPERVISORS
.-.Deputy
Ms. Elizabeth B. Heary
County Counsel ' s Office
County Administration Building
P.O.Box 69
Martinez , CA 94553
Dear Ms. Heary:
This will confirm our telephone conversation of February
7, 1984, wherein we discussed Contra Costa County' s .
Notice of Insufficiency of Happy Valley Estates Homeowners
Association' s claim for indemnity which was served on the
County and dated January 19 , 1984 . As I noted in that
conversation, I feel the contents of the claim substantially
comply with the requirements of the Government Code. Never-
theless, in the interest of preventing additional litigation
on this point, I herein present you with supplemental
information pursuant to your suggestion.
1. This action arises out of the case of The Cork
Harbour Company v. the J.Aurthur White Corpora-
tion, et al. , Contra Costa Superior Court Action
No. 224922.
2. Happy ,Valley Estates Homeowners Association was
served with a cross-complaint by Conrad Yates on
December 19, 1984 .
3. The circumstances giving rise to the action are
sufficiently set forth in the claim for indemnity.
I cannot be anymore specific about the dates at
this time. Discovery is continuing.
I hope this is the information you needed to make a determi-
nation regarding the above cliam. If you have any questions,
please do not hesitate to contact me.
Very truly yours,
In
ETT S UELSEN, R LDS & ALLARD
163
G. Cowper waite cc : Clerk of Board of Supervisor
JGC:rh 651 Pine Street. ,Martinez ,Cr.
l CERTIFICATE OF MAILING
2 I, the undersigned, declare under penalty of perjury:
3 "' That I -am a .citizen of the ;United States, over ..the age of . ,
4 18 and not a party to the within cause or proceeding; that I am
5 an employee of BENNETT, SAMUELSEN & REYNOLDS and my business
6address is 332 19th Street, Oakland, California 94612; that I
7 served a true copy of the attached Letter to Elizabeth B. Heary
County Counsel ' s Office . , re: Notice of Insufficiency of
8 Happy Valley Estates Homeowners Assoc. claim for indemnity I
which was served on the County dated January 19 , 1984 . I
9 by placing said copy in an envelope addressed to:
10
11
Ms . Elizabeth B. Heary
12 County Counsel ' s Office
County Administration Bldg..
13 P.O.Box 69
Martinez, CA 94553
14
.15
County of Contra Costa
16 Clerk of the Board of Supervisor
651 Pine Street
17 Martinez, CA
19
20
21 which envelope was then sealed and postage fully prepaid thereon,
22 and thereafter, on the date set forth below, deposited in the
23 United States mail at Oakland, California.
24 (That there is delivery service by United States mail at the place
so addressed, or regular communication by United States mail
25 between the place of mailing and the place so addressed. )
26 Executed at Oakland, California this 8th day ;of
27 February 19 84
28
osa in aHyde'
�. , 164
Claim of
HAPPY VALLEY ESTATES HOMEOWNERS
ASSOCIATIONS
Claimants,
CLAIM PURSUANT TO
GOVERNMENT CODE H 901
VS. and 910
EAST BAY MUNICIPAL UTILITIES DISTRICT,
Respondent
Pursuant to Government Code Section 901 and 910, a
Claim is hereby presented for equitable indemnity and/or
partial equitable indemnity as follows :
TO: EAST BAY MUNICIPAL UTILITIES DISTRICT
CLAIM AND INSURANCE DEPARTMENT
P.O.Box 24055
Oakland, California 94623
(a) Claimant' s name and post office address is
as follows :
HAPPY VALLEY ESTATES HOMEOWNERS ASSOCIATION
c/o Chipman Miles, Esq.
(Authorized Agent)
1970 Broadway, Suite 1110
Oakland, California 94612
Telephone: (415) 763-4500
(b) Claimant desires notices be sent to:
BENNElT, SAMUELSEN, REYNOLDS & ALLARD
332 19th Street
Oakland, CA 94612
(c) The date, place and other circumstances which
give rise to this claim are as follows:
On April '7, 1982 , and thereafter sporatically in increasing
degrees up through March 28 , 1983, and to date, massive land-
slide damage has occurred in the , proximity of and all along
the hillside boarded by Quail Ridge Road at the South and
Toledo Drive the North, improved property known as Number 7
Toledo Drive at the West and Number 27 Toledo Drive at the
East, all in the City of Lafayette, County of Contra Costa,
California.
(d) A general discription of the damages and loss
incurred so far as is now known is as follows: S
1 CERTIFICATE OF MAILING
2 I, the undersigned declare under penalty of perjury:
3 That I am a citizen of the United States, over the- age of -.- --1'
4 18 and not a party to the within cause or proceeding; that I` am
5 an employee of BENNETT, SAMUELSEN & REYNOLDS and my business
6 address is 332 19th Street, Oakland, California 94612; that I
7 served a true copy of the attached Claim pursuant to
8 Government Code S 901 and 910
9 by placing said copy in an envelope addressed to:
10
11 City of Lafayette
City Manager
12 251 Lafayette Circle
Lafayette, Ca 94549
13
14 Superior Court
15 Contra Costa County Courthouse
P.O.Box 911
16 Martinez, CA 94553
17
18
19
20
21 which envelope was then sealed and postage .fully .prepaid thereon,
22 and thereafter , on the date set forth below, deposited in . the
23 United States mail at Oakland, California.
24 (That there is delivery service by United States mail at the place
so addressed, or regular communication by United States mail
25 between the place_ of mailing and the place so addressed. )
26 Executed at Oakland, California this 19th ' day of
27 January 4 ,
28
%ENNETT, SAMUELSEN o alinda Hyde
Lc REYNOLDS ^
PROFESSIONAL CORPORATION (l,-J
33219TH STREET
OAKLAND,CALIF.94612
14131 444.7609
N
A massive landslide occurred at the above mentioned place
causing property damage. It is believed this property damage
was caused in part by improperly collected water diverted into
and onto slopes causing instabilities and resulting in ro-
tational failure, landslides, loss of lateral support,
earth movement, mud flows, slippage and destruction of ground
stabilities damaging tennis courts, streets, utilities ,
subdrains and colverts as well as compounding progressive
failure.
It is further believed and claimed herein that the CITY OF
LAFAYETTE and its officers, servants and employees contributed
to .and/or caused the above mentioned damage by, among other
things its, negligent inspection and approval of the Quail
Ridge subdivision, its negligent inspection, approval and main-
tenance of Quail Ridge improvements, including maintenance of
an easement running at or about the Happy Valley Estate Home-
owners Association ' s property, its negligent inspection and
approval of Happy Valley Estates subdivision, its negligent
inspection, and approval and maintenance of Happy Valley Estates 's
improvements including easements, as well as its negligent de-
sign, preparation escavation, installation of storm drains ,
approval of plans, maintenance, supervision of this property.
And installation of sewer systems and storm drains.
(e) The names of the public employee or employees
causing the injury, damage or loss is unknown at this time.
(f) . The .amount claimed as the date of presentation
of this claim and the estimated amount of any prospective
injury, damage or loss, are unknown at this time. However,
to date $345, 000 has been spent in repair of the subject pro-
perty as a result of the landslide. It is estimated that an
additional $136, 000 will be necessary simply to complete
payments for other repairs necessary to prevent further damage.
Other further damages are unknown at this time. The amount
of these damages is based on work tht has been done at the
subject project including earth movement, compaction, piping,
hand labor, concrete work, retaining wall, engineering, permits,
earth work, as well as other amounts which are and will be
documented as this Action progresses .
(g) This claim is presented by the law offices of
BENNETT, SAMUELSEN, REYNOLDS & ALLARD on behalf of the above-
named claimant.
Dated: January 19 , 19\8
TT, SAMUELSEN, REYNOLDS & ALLARD
JOHN . COWP AITE
167
RECEIVED
Claim of -- --
HAPPY VALLEY ESTATES HOMEOWNERS
ASSOCIATIONS JAN ;tq; 1984 ^
J. R. OLSSON
Claimants, CLERK BOARD OF SUPERVISORS
C NTRACA.
.._ ..... ....
C
—GOVERNMENT CODE 8 901 .
VS. and 910
CITY OF LAFAYETTE,
Respondent
Pursuant to Government Code Section 901 and 910 , a
Claim is hereby presented for equitable indemnity and/or
partial equitable indemnity as follows:
TO: CITY OF LAFAYETTE
City Manager
251 Lafayette Circle
Lafayette, CA 94549
(a) Claimant' s name and post office address is
as follows:
HAPPY VALLEY ESTATES HOMEOWNERS ASSOCIATION
c/o Chipman Miles, Esq.
(Authorized Agent)
1970 Broadway, Suite 1110
Oakland, California 94612
Telephone: (415) 763-4500
(b) Claimant desires notices be. sent to:
BENNETT, SAMUELSEN, REYNOLDS & ALLARD
332 19th Street
Oakland, CA 94612
(c) The date, place and other circumstances which
give rise to this claim are as follows :
On April 7, 1982, and thereafter sporatically in increasing
degrees up through March 28 , 1983, and to date, massive land-
slide damage has occurred in the proximity of and all along
the hillside boarded by Quail Ridge Road at the South and
Toledo Drive the North, improved property known as Number 7
Toledo Drive at the West and Number 27 Toledo Drive at the
East, all in the City of Lafayette, County of Contra Costa,
California.
(d) A general discription of the damages and loss
incurred so far as is now known is as follows:
1 CERTIFICATE OF MAILING
2 I, the undersigned declare under penalty of perjury:
w
3 That I am a citizen of. the United States, over the,.;age_ of ,
4 18 and not a party to the within cause or proceeding; that I1 am
5 an employee of BENNETT, SAMUELSEN & REYNOLDS and my business
.6 address is 332 19th Street, Oakland, California 94612; that I .
7 served a true copy of the attached Claim pursuant to
8 Government Code S 901 and 910
9 by placing said copy in an envelope addressed to:
ZO
COUNTY OF CONTRA COSTA
11 Clerk of the Board of Supervisor
651 Pine Street
12 Martinez, CA 94553
13
14 SUPERIOR COURT
CONTRA COSTA COUNTY COURTHOUSE
15 P.O.Box 911
Martinez, CA 94553
16
17
18
19
20
21 which envelope was then sealed and postage fully prepaid thereon,
22 and thereafter , on the date set forth below, deposited in the
23 United States mail at Oakland, California.
24 (That there is delivery service by United States mail at the place
so addressed, or regular communication by United States mail
25 between the place of mailing and the place so addressed. )
26 Executed at Oakland, California this 19th day of
27 January , 19 84
28
NNETT. SAMUELSEN 12 a nda Hyde
S REYNOLDS
OFESSIONAL CORPORATION 169
99219TH STREET
AKLAND.CALIF. 04812 '
A massive landslide occurred at the above mentioned place .
causing property damage. It is believed this property damage
was caused in part by improperly collected water diverted into
and -onto .slopes causing instabilities and resulting in ro-
tational failure, landslides, loss of lateral support, .
earth movement, mud flows, slippage and destruction of ground
stabilities damaging tennis courts, streets, utilities,
subdrains and colverts as well as compounding progressive
failure.
It is further believed and claimed herein that the COUNTY OF
CONTRA COSTA and its officers, servants and employees contributed
to and/or caused the above mentioned damage by, among .other
things its, negligent inspection and approval of the Quail
Ridge subdivision, its negligent inspection, approval and main-.'
tenance of Quail Ridge improvements, including. maintenance of
an easement running at or about the Happy Valley Estate Home-
owners Association' s property, its negligent inspection and
approval of Happy Valley Estates subdivision, its negligent
inspection, and approval and maintenance of Happy Valley Estates ' s
improvements including easements, as well as its negligent de-
sign, preparation excavation, installation of storm drains,
approval of plans, maintenance, supervision of this property.
And installation of. sewer systems and storm drains.
(e) The names of the public employee or employees
causing the injury, damage or loss is unknown at this time.
(f) The amount claimed as the date of presentation
of this claim and the estimated amount of any prospective
injury, damage or loss, are unknown at this time. However,
to date $345,000 has been spent in repair of the subject pro-
perty as a result of the landslide. It is estimated that an
additional $136, 000 will be necessary simply to complete
payments for other repairs necessary to prevent further damage.
Other .further damages are unknown at this time. The amount
of these damages is based on work tht has been done at the
subject project including earth movement, compaction, piping,
hand labor, concrete work, retaining wall, engineering, permits,
earth work, as well as other amounts which are and will be
documented as this Action progresses.
(g) This claim is presented by the law offices of
BENNETT, SAMUELSEN, REYNOLDS & ALLARD on behalf of the above-
named claimant.
Dated: January 19 , ' I 84
E NET , S UELRV
RE S & ALLARD
� ✓ � r
JOHN G. CFRTHWAYTE
170
a _
Claim of
HAPPY VALLEY ESTATES HOMEOWNERS
ASSOCIATIONS
Claimants, _
CLAIM PURSUANT TO
GOVERNMENT CODE B 901
VS. and 910
COUNTY OF CONTRA COSTA,
Respondent
Pursuant to Government Code Section 901 and 910, a
Claim is hereby presented for equitable indemnity and/or
partial equitable indemnity as follows :
TO: COUNTY OF CONTRA COSTA
Clerk of the Board of Supervisor
615 Pine Street
Martinez , CA 94553
(a) Claimant' s name and post office address is
as follows:
HAPPY VALLEY ESTATES HOMEOWNERS ASSOCIATION
c/o Chipman Miles, Esq.
(Authorized Agent)
1970 Broadway, Suite 1110
Oakland, California 94612
Telephone : (415) 763-4500
(b) Claimant desires notices be sent to:
BENNETT, SAMUELSEN, REYNOLDS & ALLARD
332 19th Street
Oakland, CA 94612
(c) The date, place and other. circumstances which
give rise to this claim are as follows :
On April 7, 1982, and thereafter sporatically in increasing
degrees up through March 28 , 1983, and to date, massive land-
slide damage has occurred in the proximity of and all along .
the ,hillside boarded by Quail Ridge Road at the South and
Toledo Drive the North, improved property known as Number 7
Toledo Drive at the West and Number 27 Toledo Drive at the
East., all in the City of Lafayette, County of Contra Costa,
California.
(d) A general discription of the damages and loss
incurred so far as is now known is as follows :
171
. 1 CERTIFICATE OF MAILING
2 I, the undersigned declare under .penalty of perjury:
3 That I am a citizen of the United States, - over the age of
4 18 and not a party to the within cause or proceeding; that I am
5 an-employee of BENNETT, SAMUELSEN & REYNOLDS and my business
6 address is 332 19th Street, Oakland, California 94612; that I
7 served a true copy of the attached Claim pursuant to
8 Government Code B 901 and 910
9 by placing said copy in an envelope addressed to:
10
11 EAST BAY MUNICIPAL UTILITIES DISTRICT
Claim and Insurance Department
12 P.O.Box 24055
Oakland, CA 94623
13
14
Superior Court
15 Contra Costa County Courthouse
P.O.Box. 911
16 Martinez , CA 94553
17
18
19
20
21 which envelope was then sealed and postage fully prepaid thereon,
22 and thereafter , on the date set forth below, deposited in the
23 United States mail at Oakland, California.
24 (That there is delivery service by United States mail at the place
so addressed, or regular communication by United States mail
25 . between the place of mailing and the place so addressed. )
26 Executed at Oakland, California this . 19th day of
27 January 984 .
28
IENNETT, SAMLIELSEN Rosalinda 'lyde
d REYNOLDS ,y n
PROFESSIONAL CORPORATION 172/
2
332 IDTN STREET 1
OAKLAND.CALIF.94612
14151 444-7688
A massive landslide occurred at the above mentioned .place
causing property damage. It is believed this property damage
was caused in part by improperly collected waterdiverted into
and onto slopes causing instabilities and resulting in ro
tational .failure, landslides, loss of lateral support,
earth movement, mud flows , slippage and destruction of ground
stabilities damaging tennis courts , streets, utilities ,
subdrains and colverts as well as compounding progressive
failure.
It is further believed and claimed herein that the EAST BAY
MUNICIPAL UTILITIES DISTRICT and its officers, servants and
employees. contributed to and/or caused the above mentioned
damage by, among other things its, negligent inspection and
approval of the Quail Ridge subdivision, its negligent inspec-
tion, approval and maintenance of Quail Ridge improvements ,
including maintenance of an easement running at or about the
Happy Valley Estate Homeowners Association ' s property, its
negligent inspection and approval of Happy Valley Estates
subdivision, its negligent inspection , and approval and main-
tenance of Happy Valley Estates ' s improvements including
easements, as well as its negligent design, preparation
escavation, installation of storm drains, approval of plans,
maintenance, supervision of this .property. And installation
of sewer systems and storm drains.
(e) The names of the public employee or employees
causing the injury, damage or loss is unknown at this time.
(f) The amount claimed as the date of presentation
of this claim and the estimated amount of any prospective
injury, damage or loss, are unknown at this time. However,
to_ date $345, 000 has been spent in repair of the subject pro-
perty as a result of the landslide. It is estimated that an
additional $136 , 000 will be necessary simply to complete
payments for other repairs necessary to prevent further damage.
Other further damages are unknown at this time . The amount
of these damages is based on work tht has been done at the
subject project including earth movement, compaction, piping,
hand labor, concrete work, retaining wall , engineering, permits,
earth work, as well as other amounts which are and will be
documented as this Action progresses.
(g) This claim is presented by the law offices of
BENNETT, SAMUELSEN, REYNOLDS & ALLARD on .behalf of the above-
named claimant.
Dated: January 19, 1S8
NET , S UELS N, 'rOLDS & ALLARD
1 `.
HN C R H dA TE
173
4
AMENDED CLAIM CLAIK Bo2rrd8Action :
l BOARD Cr SC)PEEMSOR3 CF CTM amm COIYTIY, 0ILTPC am
Clam Against the County, or District ) IEAPICE TO C7AV4W
governed by the Board of Supervisors, ) The Dopys t ma ed to you is Your
Routing Endorsements, and Board ) notice of the action taker: on your claim by the
Action. All Section references are ) Board of Supervisors (Paragraph IV, below),
to California Government Codes ) given pursuant bo Government Code Section 913
Bill 1 1 Maher & Sons , Inc . and 915.4. Please note all 'Warnings".
Claimant. County Counsel
Attorney: Archer & McComas FEB 13 1984
1299 Newell Hill Place , Suite 300
Address: Walnut Creek , CA 94596 Martinez, CA 94553
Amount: $300, 000 . By delivery to clerk on
Date Received: F e-b r u a r y 10, 1984 By mail, postmarked on No envelope
I. FROM: Clerk of the Board of Supervisors 70: County Counsel
Attached is a copy of the above-noted claim.
Dated: February 10, 19 84J.R. CILSSON, Clerk, By ��Deputy
]Ila fII. FROM: County Counsel TD: Clerk of the Board of Supery sons
(Check only ane)
X) This claim complies 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 910.6).
( ) 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 70: (1) County 1, (2) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD CEia3SR 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: 06i4_44P, ay—i- R. MSSON, Clerk, By Ql� ?�i'y( L, , Deputy Clerk
MUtMIG (Gov. Code Section 913)
Subject to certain exceptions, you have only six (6) months from the date this
notice was personally served or deposited in the mail to file a court action on this
claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this
matter. If you want to consult an attorney, you should do so immediately.
V. FROM: Clerk of the Board TO: (1) Canty Counsel, (2) County Administrator
Me 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
claimant ,r
DATED:bq J. R. C LWW, Clerk, By '�Lv D v,,c� �YYI�n�„��,• Deputy Clerk
CC: County Administrator (1) County Counsel (2) 174
CLAIM
Claim of )
BILL MAHER & SONS, INC. , )
AMENDED CLAIM PURSUANT TO
Claimant, ) GOVERNbrN%-QD
QE §901 and 910
I
. .. . _ ED
COUNTY OF 'CONTRA COSTA ) - •
Respondent. ) C4 f o.Y.yN
uaae
PERVIS02S
Sj.
Pursuant to Government Code , Section 901 and 910 , a
F_.,•
Claim is hereby presented for equitable indemnity and/or
partial equitable indemnity as follows :
TO: COUNTY OF CONTRA COSTA
651 Pine Street
Martinez, California 94553
(a) Claimant' s name and address is as follows :
BILL MAHER & SONS, INC.
101 Union Avenue
Vallejo, California 94590
(b) Claimant desires notices to be sent to:
ARCHER & MCCOMAS
1299 Newell Hill Place, Suite 300
Walnut Creek, California 94596
(c) The date, place and other circumstances which
give rise to this claim are as follows:
In April, 1982 , and thereafter sporadically in '
increasing degrees through March, 1983, and to date , landslide _
damages occurred in the proximity of and along the hillside _
bordered by Quail Ridge Road and Toledo Drive in Subdivision
4747 (Lot A) , all in the City of Lafayette, County of Contra
Costa, California.
(d) A general description of the damages and loss
incurred so far as is now known is as follows :
A massive landslide occurred at the above men-
tioned place causing property damage . It is believed this e
damage was caused in part by improperly collected water
diverted into and onto slopes causing instabilities and result.;,
ing in rotational failure, landslides , loss of lateral support,:
earth movement, mud flows, slippage and destruction of ground '
175
stabilities damaging tennis courts, streets, utilities, sub-
drains and culverts, as well as compounding progressive faulure .
It is further believed and claimed herein that
the County of Contra Costa and its officers, servants and
employees contributed to and/or caused the above mentioned
damage by-, among other things, its negligent inspection and
approval of the Quail Ridge subdivision, its negligent inspec-
tion, approval and maintenance of Quail Ridge improvements, in-
cluding maintenance of an easement running at or about the Happy
Valley Estates Homeowners Associations ' property, its negligent
inspection and approval of Happy Valley Estates subdivision, its
negligent inspection, approval and maintenance of Happy Valley
Estates ' improvements, including easements, as well as its
negligent design, preparation, excavation, installation of storm
drains, approval of plans, maintenance, supervision of this pro-
perty, installation of sewer systems and storm drains .
(e) The names of the public employee or employees
causing the injury, damage or loss is unknown at this time.
(f) The amount claimed as of the date of presenta-
tion of this claim and the estimated amount of any prospective
injury, damage or loss are unknown at this time. However, to
date , over $200,000 has been spent in repair of the subject
property as a result of the landslide. It is estimated that an
additional amount of money, over $100,000 , will be necessary
simply to complete payments for the repairs necessary to pre-
vent further damage. Other further damages are unknown at this
time. The amount of these damages is based on work that has
been done at the subject property, including earth movement,
compaction, piping, hand labor, concrete work, retaining wall,
engineering, permits, earth work, as well as other amounts
which are and will be documented as this action progresses.
(g) Various cross-complaints have been served on
the claimant herein as follows :
Happy Valley Estates Homeowners Association'
Cross-complaint served on September 4, 1983 ;
Parviz Mehran and Marian Mehrans ' Cross-
complaint served on November 18, 1984;
Michael McAuliffe and Kathy McAuliffes ' Cross-
complaint served on November 22, 1983; and
City of Lafayette 's Cross-complaint served on
January 11, 1984.
Claimant herein as answered all of the above men-
tioned cross-complaints.
176
-2-
(h) This Claim is presented by the law offices of
ARCHER & McCOMAS on behalf of the above mentioned claimant.
DATED: February 9, 1984 ARCHER & McCOMAS
Timothy M. McMahon
Attorneys for BILL MAHER & SONS, ,INC.
.1'7'7
-3-
Claim Of )
BILL NIAHER & SONS, INC. , )
CLAIM PURSUANT TO
Claimant, ) GOVERNMENT CODE S 901
AND 910
vs. RECEIVED
COUNTY OF CONTRA COSTA,
) A Y
Respondent, ) <.
CLERK BO�ry��ARRDD COSTAOF PERVISORS i
S
Pursuant to Government Code, Section 901 and 910 , a`-.
Claim is hereby presented for equitable indemnity and/or
partial equitable indemnity as follows :
TO: COUNTY OF 'CONTRA COSTA
651 Pine Street
Martinez, California 94553
(a) Claimant 's name and address is as follows :
BILL MAHER & SONS, INC.
101 Union Avenue
Vallejo, California 94590
(b) Claimant desires notices to be sent to:
ARCHER & MCCOMAS
1299 Newell Hill Place, Suite 300
Walnut Creek, California 94596
(c) The date, place and other circumstances which
give rise to this claim are as follows:
In April, 1982, and thereafter sporadically in
increasing degrees through March, 1983, and to date, landslide
damages occurred in the proximity of and along the hillside
bordered by Quail Ridge Road and Toledo Drive in Subdivision
4747 (Lot A) , all in the City of Lafayette, County of Contra
Costa, California.
(d) A general description of the damages and loss
incurred. so far as is now known is. as follows:
A massive landslide occurred at the above men
tioned place causing property damage. It is believed this
damage was caused in part by improperly collected water
diverted into and onto slopes causing instabilities and result
ing in rotational failure, landslides, loss of lateral support,
earth movement, mud flows, slippage and destruction of ground
1'7 8
Y
stabilities damaging tennis courts, streets, utilities, sub-
drains and culverts, as well as compounding progressive failure .
It is further believed and claimed herein that ,
the Central Contra Costa Sanitary District and its officers,
servants and employees contributed to and/or caused the above
mentioned damage by, among other things , its negligent
inspection and approval of the Quail Ridge subdivision, its
negligent inspection, approval and maintenance of Quail Ridge
improvements, including maintenance of an easement running at
or about the Happy Valley Estates Homeowners Associations ' pro-
perty, its negligent inspection and approval of Happy Valley
Estates subdivision, its negligent inspection, approval and
maintenance of Happy. Valley Estates' improvements, including
easements, as well as its negligent design, preparation,
excavation, installation of storm drains, approval of plans,
maintenance, supervision of this property, installation of
sewer systems and storm drains.
(e) The names of the public employee or employees
causing the injury, damage or loss is unknown at this time .
(f) The amount claimed as of the date of presenta-
tion of this claim and the estimated amount of any prospective
injury, damage or loss are unknown at this. time. However, to
date, over $200, 000 has been spent in repair of the subject
property as a result of the landslide. It is estimated that
an additional amount of money, over $100,000 , will be necessary
simply to complete payments for the repairs necessary to pre-
vent further. damage . Other further damages are unknown at this
time . The amount of these damages is based on work that has
been done at .the subject project, including earth movement,
compaction, piping, hand labor, concrete work, retaining wall,
engineering, permits, earth work, as well as other amounts
which are and will be documented as this action progresses.
(g) This claim is presented by the law offices of
ARCHER & McCOMAS on behalf of the above named claimant.
DATED: January 25, 1984 ARCHER & McCOMAS
Z.
Timothy M. McMahon
Attorneys for BILL MAHER & SONS, INC.
179
-2-
APPLICATION TO FILE LATE CLAIM Board Action :
February 28 , 1984
BOARD OF SUPERVISORS OF CDNTRF�
COSTA 001,117Y, C�,T IFURNIA BOARD ACTION
Application to File Late ) NOTE TO APPLICANT
Clain Against the County, ) The copy of this document mailed to you is your
Routing Endorsements, and ) notice of the action taken on your application by
Board Action. (All Section ) the Board of Supervisors (Paragraph III, below) ,
references are to California ) given pursuant to Government Code Sections 911.8
Government Code.) ) and 915.4. Please note the "Warning" below.
Claimant: Johnson , Mertis Johnson , Darryl County Counsel
Johnson , Rodney
Attorney: Herron & Herron JAN 2 4 1984
Charles G . Renati , Esq . Mattinez. CA94553
Address: Transamerica Pyramid , 33rd Floor
600 Montgomery Street , San Francisco , CA 94111
Amount; Unspecified
By delivery to Clerk on Jan . 18 , 1984
Date Received: January 18, 1984 By mail, postmarked on
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted Application to File late Claim.
DATED: 1/24/84 J. R. OLSSON, Clerk, By4 " E
J It(. , Deputy
flu
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) The Board should grant this Application to File Late Claim (Section 911.6) .
( X) The Board should denv this Application to File a Late Claim (Section 911.6) .
7- -7.v V
DATED: -Z 5/ JOHN B. CLAUSEN, County Counsel, By , Deputy
III. BOARD ORDER By unanimous vote of Supervisors present
(Check one only)
( ) This Application is granted (Section 911.6) .
(X ) This Application to File Late Claim is denied (Section 911.6) .
I certify that this is a true and correct Dopy of the Board's order entered in
lints minutes for this date.
DATED•�X 2 G,- a �� 1p y J. R. Cu.SSON, Clerk, BY��� A4a Lu,,) . Deputy
6
DARNING (Cov't.C. §911.8)
If you wish to file a court action on this matter, you must first
petition the appropriate court for an order relieving you frcan the
provisions of Government Code Section 945.4 (claims presentation re-
quirement) . See Government Code Section 946.6. Such petition must be
filed with the court within six (6) months from the date your applica-
tion for leave to present a late claim was denied.
You may seek the advice of any attorney of your choice in connec-
tion with this matter. If you want to consult an attorney, you should
do so immediately.
IV. FROM: Clerk of the Board TO: 1 County Counsel, 2 County Administrator
Attached are copies of the above Application. We notified the applicant
of the Board's action on this Application by mailing a copy of this cbcLurent,
and a memo thereof has been filed and endorsed on the Board's copy of this
Claim in accordance with Section 29703.
DATED:\' cr. R. OLSSON, Clerk, By 0 i , �GtCL t cam,l� ► �PutY
V. FROM: 1 County Counsel, 2 County Administrator 91t0: Clerk of the Aoard
of Supervisors
Received copies of this Application and Board order.
DATED: County Counsel, By
County Administrator, By
180
APPLICATION TO FILE LATE CLAIM
a
CGR:rj'
#0904
1/12/84
s
m
1 HERRON & HERRON
0 2 CHARLES G. RENATI, ESQ.
Transamerica Pyramid, 33rd Floor RECEIVED
3 600 Montgomery Street
San Francisco, CA 94111
0 4
(4 15) 788-2500 JAN it ifz'30 }
3 5 Attorneys for Claimants J. R. oLSsoN
fi CLERK BOARD OF SUPERVISORS
6 ��kT TA 07
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
F
0 9 FOR THE COUNTY OF CONTRA COSTA
f
Q.
10
0 11 In the Matter of The Claims of: )
MERTIS JOHNSON, RODNEY JOHNSON )
12 and DARRYL JOHNSON, )
13 APPLICClaimants, ) ENTITY AFOR NLEAVE TO UTOIC
M 14 against, )
PRESENT LATE TORT CLAIM
M (GOVERNMENT CODE §§911. 4,
15 MT. DIABLO HOSPITAL, 911.6)
16 )
Claimee. )
s 17 )
8 18 TO: THE HONORABLE BOARD OF SUPERVISORS
kIN AND FOR THE COUNTY OF CONTRA COSTA
< 19
0
S
20 1. Application is hereby made for leave to present a late
8 21 claim under §911. 4 of the California Government Code. The claim
0
N
0 22 is based upon a cause of action for wrongful death arising out of
K
s
23 professional medical negligence of the employees, agents, and staff
24 of MT. DIABLO HOSPITAL, which occurred on or about June 14, 1983,
W_
c25 and thereafter, and for which a claim was not timely presented.
K
26 For additional circumstances relating to the cause of action,
181
e
3
1 reference is -made to the proposed claim attached hereto as Exhibit
s
2 "A" and made a part hereof.
3 2. The reason for the delay in presenting this claim is the
P
3 4 lack of knowledge, mistake, inadvertence, surprise and excusable
0
3 5 neglect of Claimants MERTIS JOHNSON, RODNEY JOHNSON and DARRYL
a
6 JOHNSON, as more particularly shown in the Declaration of CHARLES G.
7 RENATI , attached hereto, and incorporated herein. The County. of
& 8 Contra Costa, and MT. DIABLO HOSPITAL have been i,n no way prejudiced
i
0 9 by the failure of the Claimants to timely file their claim.
I
10 3. This application is presented within a reasonable time
0
0
0
s 11 after the accrual of the cause of action as shown by the Declaration
s
E 12 of CHARLES G. RENATI.
13 WHEREFORE, it is respectfully requested that this Application
a 14 be granted and that the attached claim be received and acted upon
15 in accordance with §§912. 4 to 912. 8 of the Government Code.
€ 16 DATED: January 12, 1984
S 17 HERRON & HERRON
18
t-
19 ByZ _
0 CHARLES G. RENATI
20
Upon behalf of Claimants
8 MERTIS JOHNSON, RODNEY JOHNSON and
= 21 DARRYL JOHNSON
0
P22
6
23
Z
24
W_
_` 25
0
m
= 26
-2-
l82
74
� .QGR:c�,
#090-4
1/12/84
a
N
N
1 CLAIM AGAINST COUNTY OF CONTRA COSTA
W AND MT. DIABLO HOSPITAL
0 2
E AND
3
90-DAY NOTICE TO CLAIMEES KAISER FOUNDATION HEALTH
4 PLAN, KAISER-PERMANENTE HEALTH PLAN,
8 KAISER FOUNDATION HOSPITALS, THE PERMANENTE
5 5 MEDICAL GROUP, INC. , JAMES BERRY, M.D. ,
o AND LAMBERT CHEE, M.D.
6
7
r8 TO: Clerk of the Board of Supervisors
County of Contra Costa
9 651 Pine Street
1 Martinez, California 94553
§ 10
8 AND TO: Administrator
0 11 MT. DIABLO HOSPITAL
2540 East Street
12 Concord, California 94520
13 CLAIMANTS: MERTIS JOHNSON
RODNEY JOHNSON
5 14 215 Cynthia Avenue
Z 15 Vallejo, CA 94589
DARRYL JOHNSON
16 2700 Tuolumne Street, C-8
Vallejo, CA 94590
3 17
8 18 AMOUNT OF CLAIM: (1) MERTIS JOHNSON
(a) Loss of support: $600,000
19 (b) Funeral and burial expenses:
$ 4,000 .
20 (c) care, comfort
society ofherhusband:
$500 ,000 .
21
(2) RODNEY JOHNSON
0 22 (a) Loss of care, comfort and
< society of his father - $150, 000.
23
Z (3) DARRYL JOHNSON
0 24 (a) Loss of care, comfort and
_ society of his. father - $150,000..
Z 25
0
a
26
-1-
EX H 1101T 14 18
s
N 1 ADDRESS TO WHICH
s NOTICES SHOULD BE SENT: LAW OFFICES OF HERRON & HERRON
2 A Professional Corporation
CHARLES G. RENATI, ESQ.
3 Transamerica Pyramid, 33rd Floor
a 600 Montgomery Street
4 San Francisco, California 94111
8 Telephone: (415) 788-2500
5 5
DATE OF OCCURRENCE: June 14, 1983, and thereafter
6
PLACE OF OCCURRENCE: MT. DIABLO HOSPITAL
7 2540 East Street
Concord, California 94520, and
& 8
KAISER HOSPITAL OF MARTINEZ
9 200 Muir Road
F Martinez , California
10
g HOW DID INCIDENT OCCUR: All claimees , including physicians,
11 nurses and staff, or agents of MT.
DIABLO HOSPITAL of Concord, and
12 KAISER HOSPITAL OF MARTINEZ, were negligent in failing to obtain
decedent' s prior medical record, especially that of his thrombo-
13 phlebitis suffered nine months previously, failing. to consult with
k: physicians who treated him for that condition, failing to consider
14 his prior medical history and the information about that history
given to them by the patient himself, as well as his wife, as well
15 as negligently diagnosing his condition from on or about June 13,
1983, until the time of his death on August 22, 1983. Said negli-
16 gence of the claimees resulted in their failure to properly treat
the condition which decedent was suffering and said failure to
s 17 properly treat that condition resulted in Mr. Johnson' s death from
massive pulmonary embolus, bilaterial.
18
k
19 DATED: January 12, 1984
`
HERRON & HERRON
20
0
21
0 By
& 22 CHARLES G. RENATI
Upon behalf of Claimants
23 MERTIS JOHNSON, RODNEY JOHNSON and
Z DARRYL JOHNSON
24
W_
c 25
26 184
-2-
SiB
� .
CGR:c;.
#0904
1/12/84
8
m
1 HERRON & HERRON
CHARLES G. RENATI, ESQ. .
2 Transamerica Pyramid, 33rd Floor
600 Montgomery Street
3 San Francisco, CA 94111
a (415) 788-2500
4
5Attorneys for Claimants
a 5
6
7
& 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
0 9 FOR THE COUNTY OF CONTRA COSTA
s
10
0
0
9 11 In the Matter of The Claims of: )
I12MERTIS JOHNSON, RODNEY JOHNSON )
and DARRYL JOHNSON, )
O )
13 Claimants, ) DECLARATION OF
k ) CHARLES G. RENATI
14 against, )
15 )
MT. DIABLO HOSPITAL, )
16 )
Claimee. )
s 17 )
2 18 I , CHARLES G. RENATI, an attorney duly licensed to practice
6
0
19 before all of the courts of this State, declare as follows:
Z
0
20 1. On or about September 2, 1983, I was consulted for the
8 21 first time by Claimant MERTIS JOHNSON and her sons about a possible
I
0 22 medical negligence action against various defendants, including
6
<
23 MT. DIABLO HOSPITAL. I obtained all the information which they
24 were able to give me and immediately sent for the various hospital
W
i
c 25 records which I thereafter submitted to a medical consultant for
26 his opinion. From all the information which Claimants have given
185
8
M1
1 me, and" from• my medical consultant' s review of the medical records,
s
$ 2 and his consultations with me in late December, 1983, and early
6
3 January, 1984 , I believe that the Claimants have a meritorious cause
a
0 4 of action against MT. DIABLO HOSPITAL, as well as other defendants.
5 The Claimants , did not know until January 5, 1984, that MT. DIABLO
6 HOSPITAL was, and is, a government district hospital and that it
7 was necessary to file a claim with the County of Contra Costa as
8 a precondition to initiating a legal action against said hospital.
F
0 9 2. Claimants' decedent died on August 22 , 1983, and, if
10 that were considered the date of accrual of the Claimants ' cause
0
0
11 of action, the deadline for filing a• claim against a governmental
12 entity would have been December 1, 1983. The Claimants are filing
13 their late claim only some 45 days after that deadline, 135 days
E 14 after first consulting a lawyer, and as soon as feasibly possible
15 after learning that MT. DIABLO HOSPITAL is a District Hospital.
� 16 It is inconceivable that the County of Contra Costa, or MT. DIABLO
S 17 HOSPITAL, will suffer any detriment or prejudice by granting this
18 application to file a late claim in this matter.
0
19
I declare under penalty of perjury that the foregoing is true
0
2U
g and correct. Executed this 12th day of January, 1984, at San
0
Z21 Francisco, California.
0
5 22 /
` 23
`�.
0
24 CHARLES G. RENATI
i 25
0
= 26
-2- 186
' ...-�._......«_.._.._e._rsu_:.r4+. - .....�Jr. w✓iA-...uw.r.....e....:.j.....e.r'..Y.r.m�..� . _ ..�i-.r _
APPLICATION TO FILE LATE CLAIM
. 1 BOARD OF SUPEF.VISORS OF W1?1RA COSTA COM 1, f.A1=1-1M BOARD ACTION
February 28 , 1984
Application to File Late ) NOTE TO APPLICANT
Claim Against the County, ) The copy of this document mai ed to you is your
Routing Endorsements, and ) notice of the action taken on your application by
Board Action. (All Section ) the Board of Supervisors (Paragraph III, below) ,
references are to California ) given pursuant to Government Code Sections 911.8
Government Code.) ) and 915.4. Please note the "Warning" below.
Claimant:
Paul C . Goodall County Counsel
Attorney: O ' Neill & Bridgman , Inc . JAN 27 1984
Address. One Kaiser Plaza , Suite 1485 Martinez. CA 94553
Oakl-and , CA 94612
Amount- $2 , 0005000 . 00 Hand Delivered
By delivery to Clerk on 1/26/84
Date Received a n u a r y 26 , 1984 By mail, postmarked on
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-rated Application to F' a Late Claim.
DATED: January 2 6 , 19 8 4). R. MSSON, Clerk, l �, Deputy
—ire
Ii. FROM:FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) The. Board should grant this Application to File Late Claim (Section 911.6) .
The Board should this Application to File a Late Claim (Section 911.6) .
4,1�4Y � /
DATED: � JOHIQ B. CLAU , County Counsel, By w�1 uty
III. ORDER By unanimous vote of Supervisors present
(Check one only)
( ) This Application is granted (Section 911.6) .
( X ) This Application to File Late Claim is denied (Section 911.6) .
I certify that this is a true and correct appy of the Board's Order entered in
its minutes for this date.
DATED:Jt. A9 j ! 9ey J. R. OLSSON, Clerk, By ll�P�1�CJ ► Deputy
WARNING (Cov't.C. 5911.8)
If you wish to file a court action on this matter, you must first
petition the appropriate court for an order relieving you frcrn the
provisions of Government Code Section 945.4 (claims presentation re-
quirement) . See Goverzmient Code Section 946.6. Such petition must be
filed with the court within six (6) months from the date your applica-
tion for leave to present a late claim was denied.
You may seek the advice of any attorney of your choice in connec-
tion with this matter. If you want to consult an attorney, you should
do so immediately.
IV. FROM: Clerk of the Board 70: County Counsel, 2 County Administrator
We notified the applicant
of the Board's action on this Application by mailing a copy of this document,
and a not thereof has been filed and endorsed on the Board's copy of this
nnClaim in accordance with Section 29703.. ,
DATED: �t F, (Q </ .7. R. OLSSON, Clerk. By 15�e �s ��p�yt a c . Deputy
V. FROM: 1 County Counsel, 2 County Administrator TO: Clerk of the Board
of Supervisors
Received copies of this Application and Board Order.
DATED: County Counsel, By r1
County AcDninistrator, By 187
APPLICATION TO FILE LATE CLAIM
I 01NEILL & BRID(3W, INC.
A Professional Corporation
2 One Kaiser Plaza, Suite 1485
Oakland, California 94612 n
3 (415) 893-3900 RECEIVED
4 Attorneys for Claimant /'3S
JAN �, i984
5
J. L o�ON
aEwc BOARD OF sum
6 B �T X CO.
7
8 PAUL C. GOODALL,
9 Claimant, APPLICATION FOR LEAVE
TO PRESEW LATE CLAIM
I0 vs.
11 CMITY OF CONTRA COSTA. /
12 TO: CO= OF Ca TRA COSTA:
13 1. Application is hereby made for leave to present a late claim
14 founded on a cause of action for personal injuries which accrued on or about
15 January 28, 1983, and for which a claim was not presented within the 100-day
16 period provided by Section 911.2 of the Government Code. For additional
17 circumstances relating to the cause of action, reference is made to the proposed
18 claim attached to this application.
19 2. The reason that no claim was presented during the period of
20 time provided by Section 911.2 of the Cent Code is that the claimant,
21 PALM C. GOODALL, was medically incapable of handling his own affairs in that he
22 was hospitalized during all of the 100-day period specified by Section 911.2
23 for presentation of the claim.
24 3. The failure to present this claim within the 100-day period
25 specified by Section 911.2 of the Goverrn'mt Code was also a product of mistake,
26 inadvertence, surprise and excusable neglect, and the CO= OF CCNTRA'COSM
27 was not prejudiced by this failure in presentation; further, claimant was
28 advised by an "unsolicited" attorney that he had no case and it was not until
O-NEILL Y BRIDGMAN.INC.
A PROFESSIONAL
CORPORATION
ATTORNEYS AT LAW
140E ORDWAY BLDG. 1-88
ONE KAISER PLAZA
OAKLAND.CALIF.54012
PHONE 803.8900
f
I a social meeting with claimant Is current attorney that he was advised of the
2 potential claim against the COUNTY OR CONTRA COSTA.
3 4. This application is being presented within one year from the
4 accrual of this cause of action.
5 MMEFORE, it is respectfully requested that this application be
6 granted and that the attached proposed clain be received and acted on in
7 accordance with Sections 912.4-912.8 of the Goverrmient Code.
8 DATED: January 25, 1984.
9 0' & BRIDGMAN, INC.
A essional Corpora
10
11 By
RICHARD D. BRID
12 Attorneys for Claimant
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O•NEILL B BRIDGMAN.INC.
A PROFESSIONAL
CORPORATION
ATTORNEYS AT LAW
1456 ORDWAY BLDG' -2- -
ONE KAISER PLAZA -
OAKLAND.CALIF.0441E
PHONE 093.3900
I CLAIM AGAINST THE COUNTY OF CMIM COSTA
2 CLADVM- PAUL C. GOODALL
3 ADDRESS: 5 Tamalpais View Road, Orinda, California 94563
4 ADDRESS TO WHICH NOTICES SHOULD BE SENT:
5 O'N= & BRAN, INC.
A Professional Corporation
6 One Kaiser Plaza, Suite 1485
Oakland, California 94612
7
8 DATE AND Cn CLZ S'�.ANCES OF OCCURMEE: On or about January 28, 1983,
9 claimant was driving in a generally northern direction over and along Charles
10 Hill Road in an unincorporated area of the County of Contra Costa, State of
11 California, at a point approximately 163 feet north of Charles Hill Place, when
12 as a direct and proximate result of a dangerous and defective condition of
13 public property, including, but not Limited to a negligently designed,
14 maintained and controlled public roadway under the care, maintenance and control
15 of the County of Contra Costa, claimant's vehicle was caused to and it did leave
16 the roadway and crash, causing claimant to suffer severe, permanent and disabling
17 injuries to his body and central nervous system, and other injuries not presentl
18 known.
19 NAMES OF PEOPLE, EMPIAYEES CAUSING INJURY: RTployees of the County
20 of Contra Costa whose identities are presently unknown to claimant.
21 AMID W CLAIMED: $2,000,000.001
22 DATED: January 25, 1984.
23 O'NRTTS. & BR=IAN, INC.
A Professi tion
24
25 By
PJCVM W'
D. BRIDCMAN
26 Attorneys for Claimant
27
28
O'NEILL 0 BRIDGMAN.INC.
A PROFESSIONAL
CORPORATION
ATTORNEYS AT LAW
1400 ORDWAY BLDG.
ONE KAISER PLAZA 9
OAKLAND.CALIF.0/012
PHONE 502-2000