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HomeMy WebLinkAboutMINUTES - 01171984 - 1.15 •CLAIM BOAFO OF SUPERVISORS OF C 0tM CD6'TA WLT-47rYt C UXPOFJIA 8MM ACTION Claim Against the County, ;o ss r o a d s Nte-v�l� V=To�LA D( � January 17 , 193' Routing Fo�rsmnents, and ) The copy of this docanent mailed to you is your Board Action. (All Section ) notice of the actions taken on your claim by the references are to Chlifornia Board of Supervisors (Paragraph III. below) . Gmsrrment Code.) ) given pursuant to Qvverrnrent Code Sections 913 i 915.4. Please note the "Warning" below. Claimant: Richard & Betty Johnson ..County Counsel Attorney: Linda G. Lipscomb DEC 19 1983 One Maritime Plaza, Suite 1250 Martinez, CA 94553 Address: San Francisco, CA 94111 fit: $10,008,495 . 83 By delivery to _ an Date-Received: December 16, 1983 By mail, postmarked on 2 L15 Registered I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted DATM: 12/16/83 J.R. CLSSON, Clerk, By-JM-",- , Deputy Helen P Ma;;ino II. FAM: County Counsel 70: Clerk of the Board of Supervisors (Check one only) i ( ) This Claim amplies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to ably substantially with Sections 910 and 910.2, and we are so notifying claimant. 7 he Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Board should reject claim on ground that it was filed late. (5911.2) MM: I '`' JOHN B. CSAUSEN, County Cvnsel, By ` c dr y III. Bohm � By vote O Supeivlsors present � _ ( X) This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's order entered in its minutes for this date. DA'IYD:� R. CSS.SON, Clerk, by. Po')qU"t Deputy NUNnac (Gov't. C. 5913) Subject to certain doosptions, you have only six (6) months from. the date this notice was personally delivered or deposited in the mail to file'a court action: on this claim. See mverrment Code Section 945.6. You may seek the advice of any attorney of your choice in ction with this matter. If You want to consult an atta ney, you should do so immediately. . PROM: Clerk o County 0ounselt County AftirdiUaitor Attached are copies of the above Claim. Me ratified the claimant of the Board's action an this Claim by mailing a copy of this dooment, and a mevo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section: 29703. DAA:. J. R. GESSON, C:lexk, by�� ' �, Deputy „C'LAIM 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.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 Richard & Betty Johnson ) Reserved for Clerk' s filing stamps for themselves and as Representatives F I L E D of the estate of Cynthia Ann Johnso� I Against the COUNTY OF CONTRA COSTA) GE198:; &Crossroads Mental Health Facility ) or DISTRICT) J. R. OLSSON CLERK BOARD OF SUPERVISORS (Fill In name) ) l� ONTRFF� OSTA CO. B ..:... ar�.l: Deputy The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 10PQQR495_ R1 and in support of this claim represents as follows: --------------------------------------------------------- damage did the or injury occur? (Give exact date and hour) 9/14/83 at 3: 12 p.m, -----------:------------------------------------------------------------ 2. Where did the damage or injury occur? (Include city and county) At the intersection of San Vincente Drive and Willow Pass Road, Concord, California, Contra Costa County. 3. How did the damage or injury occur? (Give full details, use extra sheets if required) Driver of a car, Douglas Gregory Mead struck and killed Cynthia Ann Johnson. See attached Exhibit "A” for details, which by this reference is incorporated as though fully set forth at this place. ------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? See attachment (1) for the full text of this part 4 of this claim form. (over) 0 Page (1) of Attachment (1) : Liability of the County is predicated on Section 815.2 of the California Government Code, Civil Code Section 1714 , and the case law of California construing the application of these Code sections. - In or about July 1981, Douglas Gregory Mead was placed three on probation from convictions for . at least traffic offenses, as shown by the Docket Sheets, attached to this claim form as Exhibit "B" , and made a part hereof as though fully set forth at this place. Mead had a history of psychological illness, including schizophrenia, and had a history of alcoholism and drug abuse. His probation conditions included that he .participate in a program for alcohol/drug abuse and driver education. Upon information and belief, claimants here allege that a decision was made by the Probation Department of the County of Contra Costa and the Crossroads mental health facility to place Mead in a program of treatment designed to correct his alcohol and drug abuse problems, and also, to give him , medical treatment for his psychotic condition. Upon informa- tion and belief, claimants allege that the reason Mead was placed in this kind of program was because a determination was made that his psychosis was so advanced and serious that he could not benefit from other alcohol and drug abuse, or driver education programs. Upon information and belief, claimants allege that the therapist employees of the Crossroads facility became aware, or by the exercise of the standards of professional care with Gig Page 2 of Attachment (1) : which they are charged, should have become aware of the . following facts: 1. Mead was continuing to drink and take drugs, including prescribed drugs for the regulationof his mental condition; 2. Mead was failing to take the prescribed drugs issued to him by virtue of the treatment he was receiving at the Crossroads facility in a regular fashion, so that his mental condition was not being regulated to the point where he could drive an automobile; 3. Mead had been issued .a driver's license on or about February 8, 1983; 4. Mead had been driving an automobile under the influence of alcohol or drugs, or a combination thereof; 5. Mead presented a clear and present danger to the public because he was driving while psychologically unfit and while under the influence of alcohol or drugs, or a combination thereof. A special relationship existed between the therapist employees of the Crossroads facility and Mead under California case law. This special relationship is sufficient, coupled with the knowledge, real or constructive, of the therapist employees of the facility of the facts above, to support a duty to Cynthia Ann Johnson who was killed by Douglas Gregory Mead when he drove drunk and on drugs on September 14, 1983. 019 Page 3 of Attachment (1) : The therapist employees had a duty to warn the police, 1. the Department of Motor Vehicles, and/or the court which had jurisdiction over the probation of Mead of the facts recited above. The duty to warn ran to Cynthia Ann Johnson, and her parents Richard and Betty Johnson. By failing to warn the appropriate authorities of the facts recited above so that .the drivers license and/or the probation could be revoked, or by failing to warn in a timely fashion so as to allow the aforesaid revocations to occur, the therapist employees of the Crossroads facility breached that duty of care owed to Cynthia Ann, Richard and Betty Johnson, and such acts and ommissions were negligent, careless, and in reckless disregard of the risks presented to them. Oy these negligent, careless and reckless acts, the therapist employees proximately caused Douglas Gregory Mead' s drunk and drugged driving and Cynthia Ann Johnson's death. Claimants have suffered, and continue to suffer damages on account of these negligent, careless, and reckless acts in an amount set forth above and below. The public entity which has employed the therapists is liable for the acts and ommissions of their employees which as described above, have been alleged herein to have been committed within the scope of their employment. There is no immunity under the California Government Code for the acts and ommissions described under authority of Tarasoff v. Regents of California (1976) 17 Cal. 3d 425, 0 20 and cases cited therein. Attachment (2) of claim form; pertaining to section 7 of the claim form. Blood Bank $75.00 Publication of Notice of Death Medical treatment rendered to decedent $169.00 Date of bill: 9/21/83 $898 . 74 Ambulance service and Paramedic services Date of bill: 9/21/83 $350.00 Florists bills $38. 50 Cemetary $700 .76 Funeral home (Concord, Ca. ) $1,020.00 Funeral Home (Seattle, Wash. ) $556 . 70 Air transportation to Washington $4E0 .00 Filing Probate -ee95.00 Copies of Police report, dockets, etc. $63. 74 Certified letters from probate $R. 75 Loss vacation days (Richard Johnson) $1, 210.40 Attorneys retainer fee $4 , 500.00 Loss of life; loss of love, loss of companionship, loss of society, mental stress, anguish, pain and suffering (Richard & Betty Johnson) $5, 000,OCO.00 Loss of life, pain and suffering, loss of future, loss of future wages, anguish, mental stress, injury and disfigurement (Cynthia Ann Johnson) $5,000 ,000.00 Total damages claimed to date $10,008,495.83 Attachment 2 021 a•�v v a• a•n n ♦ of the ALAMEDA - CONTRA COSTA MEDICAL ASSOCIATION 1 / 1 OAKLAND+ CALIFORNIA 94618 6231.i ,Cltremont Avenue P.O. Box 2895 (415 ) 654-2924 SEP 30s 1983 STATEMENT JOHNSONY CYNTHIA F2-31940 1939 SAN VINCENTE DR CONCORDY CA 94519 MTDI --------------------------------------- ------ - I+ate Description Reference Units Aosount ------------------------------------------------------------------------------ Current Usage and Pavotents: 4-Ser-83 403 . 1 RED FLOOD CELLS - STOCK - REG LB21660 25.00 4-Ser-83 401 . 1 PROCESSING FEE - REPLACEABLE LE21660 25 .0.E 4-Sep-83 401 .2 PROCESSING FEE - NON REPL LB21660 25 .00 Ending balance - PAY THIS AMOUNT : .75 .00 022 r Martinez News-Gazelle N° - - 6401 Co.T I A C O S T A C o Y w T T S 0 A M L T w 1 W 3•A•!1 MARTINEZ,CALIFORNIA P.O.BOX 151 615 ESTUDILLO STREET PHONE(415) 228.6400 Idnda G.lipscomb DAT[ 11/4/03 Attorney at I8w OUR ORDER No. 6401 Alcoa Bldg. One Wartime Plaza, Suite 1250 San Francisco, CA. 94111 YOUR *RD"" No. 61736 DATE ORDERED DESCRIPTION AMOUNT PUblishedz Oct. 26; Nov.1,4,1983 10/20/83 Notice of Death of- CYNTHIA ANN JORNSON,a minor and of Petition To Administer Estate 14 sgs.0 $4.00 per sq. per insertions (3) $168.00 Affidavit Fee 1.00 $169.00 PLFASE RETURN ONE COPY OF INVOICE KITH YOUR REMITTANCE. THAM YOU. 1% PER MONTH INTEREST CHARGED ON OVERDUE ACCOUNTS mow.i-w+.�+�AT► Ag C6L t oM p'O' 9:3 W�1�4� 0 4eQ� f - . --. enp souele9 l!{OA alNdH! p p , OOl S........Pled wmtowv tuno»ar to iunowld ,�.o u 7 y� k10:1 SUV 10 ,:ice. ; .. ;,.. od • OA/ �o ' os ,7 y ), WONA .03AI303N �6 9� Siva ZZSV6 eiujol"B3•PjooUo:) 188JIS OPu!IeD SSE t L 0 8 T 4 13dVH31Va3Nnj 3voow I iVVAug _ ___ 023 - - MOUNTAIN VIEW CEMETERY Auburn, Wash. 98002 DATE 19 3 7294 PURCHASER :TC-) ffAl- 40 AJ ADDRESS / /> f S6 AJ [)!r-"C16 CDi(.JCOP�Y> I? a Loi �� eLK. J ADD LOT BLK. ADD. 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W OM—a'D' '.Kh.:,.+,K'..�r .•...:.::a-`.Mit iiSsi:1.• ;..7s('•:Rami..•'.A .a'v'GG ice'...3•Y•::.9 ._. ti, t 027 r � r _ EXHIBIT A �. 028 `.._ rL#L1L:G utrAnimcryl X, CONCORD, CALIFORNIA 94519 W. OFFENSE REPORT xxix MF# I le-II ICR# 16055-83 C Lii.'JIPICATION JDATE AND TIME REPORTED ' A/Ped 23153x, 20001 vc , 192 . 3 9-14-83 1512 ..r7 , ; M J77 OCCURRI=D: DATES TIMta DAT OP WEEK LOCATION OCCURRED 9-14 ,1.,, ,,.4, 15112 .,.., Wed 4 ., Willow ass Rd 8t San Vincente so-@? STOLEN RE COVERtD i - �: ROUTING: OFF ID • DETECTIVE ( ) SPECIAL INVESTIGATIONS a N/A •i-i0 a N/A e7-101 '�'Lc ' ,.'�m2Q"..!_,; !;, I I JUVENILE [7[J TRAFFIC ( ) OTHER AGENCY IOb•t07 WEATHER LIGHTING BLDG/AREA ENTRY METHOD THRU WINDOW DOOR EVIDENCE TOOLS USED WEAPONS (Mark 1-3) 0-Unk 0-Unk 1 -S/F Res 0-Unk 0•Unk O-Unk 0-N/A 0-N/A 1 -None 0-Unk 0-Unk 1 -Rain 1 •Day 2-Apt/Mutt 1 .Front 1 .Picked 1 •Window 1 -Louvered 1-Sliding Glass 2-Prints 1 .None t -None 2.Fog 2-Dusk 3-School 2-Back 2-Forced 2•Door 2-Alum Slid 2.Solid 3-Photos 2-Channelocks 2-Knife M 3-Clear 3-Dark 4.Church 3-Side 3-Normal 3-Airvent 3-Wood Sash 3-Hollow 4-Diagram 3-Pry Tool 3-Gun 4-Dawn 5-Warehouse 4-Roof 4-Window 4-Wall 4-Crank 4-Dutch 5-Trace Evid 4-Pick 9- 0 6-Construction 5-Garage Smash 9- 5.Stationary 5-Window 6-Impressions 5-Rock,Brick, 7•Shop Center 5-Kicked 6-Windwing 6-Doggie Door 7.Standards etc. 8•Other Comm in Door 9- 7.Veh Door 9- 6-Wire 9- 6-Slipped 8-Veh Trunk 9- Lock 9- les a nl 11 If the answer to any of the following questions is yes,explain in narrative and mark(x)in the box. M I. was al made? [ ) 5. Can a suspect be described? [ 1 9. Does stolen property have known ID marks? [ ) C 2. Was t116re a witness to crime? [ J 6. Can a suspect be identified? ( [ 10. Is there a significant MO present? [ 1 ' 3. Cana sumpact be named? ( ] 7. Can a suspect vehicle be identified? [ ) 11. Was physical evidence collected? [ 4. Can a suspect be located? [ 1 S. Was there bodily injury involved? [ 1 12. In your opinion can this case be solved? [ 1 SYNOPSIS: t. Involved persons 2. ProPerty 3. Vehicles 4. Evidence S. Investigation 6. Disposition) 1. C) See original report V) JOHNSON, Cynthia wfj 11-27-73 1939 San Vincente Dr 827-9719 m) Dotty f) Richard Sj ) Hellerstein, D. Dr. Mt. Diablo Hospital Medical Center Concord 682-8200 S) MEAD , Douglas Gregory wma 1-25-53 C.P.D. PP# 22737 see arrest report for additional 2. NLA . 3. See original report 4. I received the following items from Dr. Hellerstein at the Mt . Diablo Hospital Emergency room, after they were removed from the victim Johnson: 1. One pair of maroon girls slacki w/ matching thin velvet belt , pants are soaked with blood. 2. One red/white/blue/yellowplaid :blouse, large portion of which is stained with blood. 1. One pair of white girt* paatifss' f. Two light blue socks . S. One "Tiffs" brand blue and whits running style athletic shoe. a► 1 .*f the .above items were sarksido tagged and hang to dry in the Coacord police Department Identificatiop offiee. - 5.. I drovi� to the area of Willovpa i Rd at San Vincente Dr . in response to Is report -of a hit and run accident having just occurred with the victim believed to be a juvenile pedestrian. As I neared the scene I was advised that the suspect vehicle had fled REPORTING OPrIGER DEAT DATE AND TIME REPORT WRITTEN aUPERVISOR APPNOVING TTPI§T JDATS AND TIME REPORT WRITTEN Jennings 110 19-16-83 1900 �w..we nIt is i 029 PAGE• 2 CR 16055-83 eaz;t, 00- Willowpass Rd to one of the next two cross streets and turned right , this placing it southbound on either Ashdale Dr. or Landana Dr . I headed into that area at that time attempting to coordinate an area search for the vehicle . After one to two minutes C . P.D. dispatch advised by radio that a car similar to the suspect vehicle may be at the corner of Ashdale Dr and Carlott Dr . I drove to that location arriving and finding that Officer Hayes had already arrived and had a wma approx 6' with blond hair in custody , the suspe t vehicle parked in the driveway of the residence at 1947 Carlotta Dr . I requested that Ofc Weston respond to the location and stand by with th suspect vehicle and secure that scene until an evidence technician and investigator could arrive . I returned to the scene of the accident in time to find Regional Ambulan e personnel loading the victim into an ambulance . I was told that the victims mother may be at the corner of San Vincente Dr and Willowpass Rd , and that she might need a ride to the hospital . I contacted a group of people at the northwest corner of Willowpass and San Vincente , asking if anyone there knew the parents of the victim, since a number of people on the corner seemed to know who the victim was . A blond wfa with glasses came forward and said she was Betty Johnson, mother of the victim. I instructed Mrs . Johnson to take her vehicle home and wait there for an officer to respond and take her to the hospital , feeling that she was too upset to drive. I returned to the scene - to insure that the initial report was being handled by Ofc . Mena, that the evidence technician had taken charge of the scene examination and that witnesses would be interviewed . I returned to 1939 San Vincente Dr. picking up Mrs . Johnson and her daughter Shawn, learning that Shawn had seen her sister ( the victim) Cynthia lying in the street after the accident, and that this was the basis of the identification of the victim at this point. I arrived at Mt. Diablo Emergency at approx 1535 hours , and stood by while the staff continued to treat the victim. At 1553 hours Dr. Hellerstein pronounced the victim dead . This information was then relayed to the officers at the scene and the Coroner' s Office of Contra Costa County was notified . Coroner's Deputy. Campbell stated he would be responding to the hospital to take charge of the victim, see Coroner' s Case 83-732 . At 1602 Hours I recieved the clothing listed in paragraph 4 from Dr . Hellerstein, all of the items having been removed from the victim during treatment. At approx. 1700 hours Mrs . Johnson and her husband Richard Johnson viewe the body of the victim, identifying her as their daughter Cynthia Johnson. 6. Case pending, refer to original report for farther information. Record property in paregroph two in the followhp order: irrdkate stolen,recovered, lost or found;then list article, brand, color, descriptio serial number or driver's license number and value. 030 CONCORD POLICE DEPARTMENT onto. SUPP. ` TRAFFIC COLLISION REPORT 1 2_ IMF# CR# 16055-83 S91►ICATION OATS AND TIME REPORTED TT. 23153a CVC, 20001 VC, 192.3 PC 09/14/83 1512 OCCURRED: DATES TOM SS DAY 0I OK SIECtAL VEHICLES TYPE OF ACCIDENT n,.. CITY nOL/C ti tYORO OTLL 1 IN, O FATL MOL IS OALL T11L11 09/14/83 1512 Wed 4 2 3 !C 1 3 4 6. OCCURRED ON: PRIMARY STREET SPIKED AT OR NEAR: SECONDARY STRSST •►i Willow Pass Road LIMIT 35 San Vincente Dr. LIMT25 OFF 10 • 128 INVOLVED PERSONS: (V) JOHNSON, Cynthia Ann WFJ 11/27/73 1939 San Vincente Dr. Concord, 827-9719 M: Betty F: Richard Expired 09/14/83 at 1553 hours at Mt Diablo Hospital (S) MEAD Douglas Grestory WMA 01/25/53 1947 Carlotta Dr. Concord 682-6535 Description: 6-0 170 bin blu Clothing worn: Blue long sleeve "V" neck eyeater, brown cord Rants and black shoes. CA DL# A0531529 CII# 4997942 FBI# 1018ON1 CPD FP# 22737 Charge: 23153a NEA Herbert Malcolm WKA 12121129 }� t d ' REPORTING OFFICER OSAT OATS ANO TIME*uIGOT MNIYTSN SUPERVISION APPROVING TTPIST JOATS AND TIME RS/ORT TTPSD lih eFso n11 ., 031 . i I PAGE � ICR# 16055J83 (SJ-'2� aSTEWART, Jo Ann Ester WFA 01/23/35 1938 San Vincente Dr. Concord, 682-0846 DBA: Unemployed � (Si-3) HELLERSTEIN, Dr. Mt. Diablo Hospital Emergency Room (Pronounced death of V) i (SJ-4) BILIA, William WMA DBA: Nurse - Mt. Diablo Hosptial Emergency: Room (Took blood samples from S) (SJ-5) GRAHAM, Roy W. WMA DBA: Mechanic for City of Concord (Did S vehicle ins ection) (SJ-6) KROEGER Cliff WMA DBA: Traffic Investi ator for the California Highway Patrol Concord - #372-4980 , (W-1) JONES J effrey Charles WMA i 1874 Carlotta Dr. Concord, 825-2751 , message rhone #9355_0722 _(Driver of witness vehicle_ thatDursued S Mead_ (W-2) LEIN Cynthia Maria WFA 05/10163 1874 Carlotta Dr. 25-2751 DSA: 9350 NEPORTING OCPICER BEAT DATE AHD TIME R6POPT WRITTEN SUPE 1, APPROVING TV fem P14T •DATE AND T ME REPORT WRITTEN SINSEL Record property in paragraph two in the following order: indicate stolen, recovered, lost or found; then list article, brand, color, description ,erial number of driver's license,number and value. 032 AGE THREE ICR# 16055-83 (W-3) BLANKENSHIP, Barbara J. WFA 09/18/37 850 Clarewood Ct. Concord, 798-1915 ! DBA: Principal - Monte Gardens Elementary School, Concord, 685-3834 (W-4) KAAR, James S. WMA 1198 Quail Ct. Concord, 686-0367 DBA: Principal - E1 Monte School, Concord, 685-3113 (Stopped for V to allow her to cross crosswalk) (W-5) WOLF, Wayne William WMA 10/14/66 3754 Walnut Av. Concord, 827-5537 DBA: 687-0363 S: Olympia High School (Standing in parking lot of Rico's Pizza) (W-6) SMITH, Edward Anthony WMA 09/02/67 3812 Willow Pass Rd. #D Concord, 689-0233 DBA: 687-0363 (Standing in Parking lot with W Wolf) (W-7) REISWIG, Cindy Diane WFA 04/06/58 1261 Center Av. Martinez, 228-1285 DBA: Rico's Pizza - daytime manager Concord, 680-7400 (Standing outside in parking lot with Ws Wmith and Wolf) (W-8) TOLSON, Faithe NMN WFA 11/25/58 2555 Olivera Rd. Concord, 685-4518 DBA: Unemployed (Standing in area near the phone booth facing Willow Pass Rd.) (W-9) FRYER, Joanne Gayle WFA 06/06/42 3920 Beechwood Dr. Concord, 686-2666 DBA: 825-7211 (Observed S drive into his driveway and begin washing his car) (W-10) [UNTZE, N&ard John VNA 01/29/59 3683 Willow Pass Rd., Apt. #7 Concord, 680-1865 or 1193 Haven Ct. Concord, N/P DSA: Unemployed (Standing in the parking lot of apartsseat buildings at 3683 pillow Pass Rd.) 04-11) DUQUETTZ, Gina Antoinette WA '= .::,63/17/62 1070 San Miguel ad., Apt.# 3-8 Concord, 687-6090 DBA: Anna's 1/3 lb. Hamburgers 2505 Monument B1 - Concord, 680-9604 (Waitress who served S Mead on the day of the collision) Recon! property in paragraph two in the following order: indicate stolen, recovered, lost or found;then list article, brand, color,descriptio, serial number or driver's license number and value. 033 AGE FOUR ICR# 16055-83 (W-12) DORIA, Leo D. WMA 01/09/22 147 Lorenzo Dr. Pleasant Hill, 682-7371 DBA: Anna's 1/3 lb. Hamburger 2505 Monument B1. Concord, 680-9604 (Cook on the day that S was in the restaurant) (SJ-7) OFFICER JOHN D. SINSEL TRAFFIC INVESTIGATOR CONCORD POLICE DEPARTMENT, 671-3262 Follow-up Investigator (SJ-8) OFFICER GREG MENA, #236 CONCORD POLICE DEPARTMENT, 671-3226 (Wrote the original report) (SJ-9) OFFICER JOHN HAYES, #151 CONCORD POLICE DEPARTMENT, 671-3226 (Arrested S Mead) (SJ-10) OFFICER DOUG MOORE, #E238 CONCORD POLICE DEPARTMENT, 671-3226 (Contacted Ws at scene of the collision) (SJ-11) DETECTIVE BERT BYERS, 173 CONCORD POLICE DEPARTMENT, 671-3030 (Made contact with Ss father and remained at the arrest location) (SJ-12) ID. TECHNICIAN OFFICER MANGRAI, SAO, #958 CONCORD POLICE DEPARTMENT (SJ-13) ID. TECHNICIAN OFFICER TOM MURRAY, 119 CONCORD POLICE DEPARTMENT, 671-3207 Record property in paragraph two in the following order: indicate stolen, reeov�red, lost or found;then lin article, brand, color,descriptior serial number or driver's license number and value. f�.=wnr Air t1 034 CORONER'S FINDINGS IN THE MATTER OF THE CORONER'S FINDINGS ON THE BODY OF CYNTHIA ANN JOHNSON Deceased . I, Richard K. Rainey,Sheriff-Coroner of Contra Costa County, certify: That on this date at Contra Costa County, State of California an investigation was made into the death of the above named person; that inquiry was made into the circumstances attending said death, and in what planner, where and when said death occurred; and that findings of said investigation are : Name of Deceased Cynthia Ann Johnson Sex FemaleAge 9 Race Caucasian Nativity California Date of Death September 14, 1983 Time of death 1553 hours Place of Death Mt. Diablo Hospital , Concord, California Medical Cause of Death TRAUMATIC HEAD INJURIES DUE TO MOTOR VEHICLE ACCIDENT Death, was caused by Homicide Medical Examination by Louis E, Daugherty, M,D. Identification by Richard 8 Betty Johnson - Parents DATEDJe Richard K. Rainey, Sheriff-Coroner Contra Costa County Bv Sg R. Terry DEPUTY (Govt . C. §271491 . 5) CDR - till 035 CR 83-732 OFFICE OF CORONER OF CONTRA COSTA COUNTY RICHARD K. RAINEY, SHERIFF-CORONER NAME: JOHNSON, Cynthia REPORT OF AUTOPSY . POST MORTEM AT: Central Morgue DATE: 9/15/83 TIME: 1015 hours PLACE OF DEATH: Mt. Diablo Hospital DATE: 9/14/83 TIME: 1553 hours AGE: 9 SEX: Female COLOR: ,. White HEIGHT: 52" WEIGHT: The body is that of a well developed, well nourished, White child, female, appearing approximately the stated age. Rigor mgrtis is present. There is some lividity over the dependent portions. The head is basically normo- cephalic. The hair is blonde and of normal female distribution. Some matted blood material is noted on the right hair surface. There is crusted blood present in both external meatae. The eyeballs have been removed as per postmortem donor. An irregular area of abrasion is noted on the right upper cheek which conglomerates to about 4 cm in diameter en toto. The right forehead shows recent bruise markings which conglomerate en toto to about 3 cm in diameter. The right lateral epicanthal fold shows a very recent bruise marking which measures .3 cm in diameter. The right cheek area shows an area of well demarcated compression and skin dehydration with no visible underlying hemorrhage which measures about 2.5 x 2 cm in size. The nose extrudes some hemorrhagic fluid from the right nares. The mouth extrudes a slight amount of hemorrhagic fluid. The teeth are natural , in a good state of repair. There is a small , faint, bruise marking in the right upper lip which measures about .5 x .2 cm in size. The neck shows no evidence of hypermobility or grating. The right uppermost shoulder shows a recent abrasion which shows minimal underlying hemorrhage and which measures about 4 cm in•* ti diameter_. The chest shows no scars or lesions except as noted above. The abdomen reveals a conglomerate of recent bruising and abrasion in the right anterior upper hip area which conglomerates en toto to about 5 cm in diameter. The periumbilical abdominal region shows a conglomerate of recent abrasions which ,measure about 5 cm in diameter. There are apparent recent medical needle puncture marks noted in the right inguinal area. The external geni- talia are normal infantile female. The perineal region appears intact. The upper .and lower extremities show no evidence of hypermobility or. grating. The right lateral upper hip reveals a recent bruise marking which measures about 2 cm in diameter. The right anterior knee shows a recent abrasion which measures 2 cm in diameter. Multiple small , irregular bruises are noted along the right medial upper and lower leg, each of which show very minimal underlying hemorrhage, each of which measure 1 cm in diameter or less. There is a recent bruise marking on the right medial foot which measures 5 x 2 cm in size and shows minimal underlying hemorrhage. The right posterior knee shows an area of recent abrasion which has minimal underlying hemorrhage and which measures 3.5 cm in diameter. There is a medical intravenous cath- eter in place in the left medial ankle. An area of recent abrasion is noted in the left lateral malleolus which measures 1 .5 cm in diameter. Irregular scraping, superficial abrasion is noted in the left lateral mid calf which measures 4 x 1 cm in size. Just above this are noted multiple small areas of bruising showing very minimal underlying hemorrhage, which conglomerate en toto t 036 JOHNSON, Cynthia - 2 - CR 83-732 to 3 cm in diameter. There is an area of scratch abrasion which is basically longidutinally-directed in the area of the left knee and lower thigh medially. The central region of this is located approximately 40 cm above the level of the heels. This area of abrasion measures 18 cm in length by 6.5 cm in width. The anterior medial surface of this shows-.a region of bruising show slight underlying hemorrhage which measures en toto about 4 x 2 cm in size. The left posterior lower thigh and knee shows an area of basically similar recent scratch abrasion, again with the scratches directed longitudinally. Minimal underlying hemorrhage is seen. This abrasion measures 6 x 19 cm in size and the mid portion is located approximptely 39 cm above the level of the heels. The upper and lower extremities show no evidence of hypermobility or grating. There are apparent recent medical needle puncture marks noted in both antecu- bital fossae. A recent abrasion is noted on the right dorsal hand which measures about 3 x 1 cm in size. Two abrasions are noted in the right elbow area, one measuring about .3 cm in diameter and the other about 6 cm in diameter. This latter shows a superficial laceration within it extending downwardly to the underlying superficial fat. This laceration measures about .3 x .5 cm in size. The right medial basal thumb shows an area of recent abrasion which measures 1 cm in diameter._ The right palm shows a total of three recent abrasions, each of which measure about .5 cm in diameter. The dorsum of the left hand shows a conglomerate of recent abrasions which measure en toto about 4 cn in diameter. The left elbow shows three recent abrasions, each of which measure about 1 .2 cm in diameter. The left posterior lower upper arm shows a longi- tudinally directed, scratch-type abrasion which appears recent and measures 6 x 3 cm in size. The left posterior axillary arm and back areas shows a con- glomerate of recent abrasions which show very minimal underlying hemorrhage and which accumulate en toto to approximately 9 cm in diameter. The left buttocks shows four small , faint, recent, bruise markings, each measuring about .6 cm in size and each showing minimal underlying hemorrhage. INTERNAL EXAMINATION The pleural , pericardial and peritoneal surfaces are lined by smooth, glistening membranes. The organs are in their approximate normal positions. The left peritoneal covering of the psoas muscle shows .focal recent hemorrhage which measures about 2 cm in diameter, but the adjacent psoas muscle appears unre- markable. - The right posterior pelvic brim peritoneal covering shows focal hemorrhage measuring 1 .5 cm in diameter. The diaphragm leafs appear unremarkable. The inner rib cage appears unremarkable and intact. There is no evidence of hypermobility or grating. There are no abnormal accumulations. of fluid within the body cavities. The sternum appears unremarkable. POSTERIOR MEDIASTINUP1: Very minimal focal hemorrhage is noted in the super- ficial soft tissue and pleural covering of the left side of the posterior mediastinum, accumulating en toto to about 3 cm in diameter. The major struc- tures in this area appear otherwise unremarkable with intact thoracic vertebral bodies as well . 037 JOHNSON, Cynthia - 3 - CR 83-732 SYSTEMS REVIEW A. CARDIOVASCULAR SYSTEM: The heart weighs 120 gms. The epicardial surface is intact. The coronary arteries follow a normal anatomic course and reveal widely patent lumens which appear unremarkable. The myocardium and endo- cardial surface of both ventricles is unremarkable and firm, brown and homogeneous myocardium is '-seen everywhere. The valves and atria appear unremarkable. The coronary ostia are unremarkable and the inferior and superior vena cavae and aorta appear unremarkable. B. RESPIRATORY SYSTEM: Both lungs are well expanded with intact pleural surfaces. The left lung weighs 100 and the right lung 180 gms. Irregular, blotchy congestion is noted in the posterior portions of both lungs. There are about 7 petechial hemorrhages noted in the posterior right lower lower lobe. A single contusive hemorrhage is noted in the tip of the right lower lobe which measures about 2 cm in diameter. Very minimal hilar hemorrhage is noted on the right. Both lungs are generally otherwise soft, pink and sponge-like. There are mild amounts of pinkish frothy fluid extruded from the congested or contused area, as noted above. The blood vessels show no evidence of embolization or occlusion and the parenchyma shows no areas of infarction. The trachea and bronchi show non-occlusive mucoid material within. C. HEPATOBILIARY SYSTEM: The liver is of normal size and shape. The anterior edge is sharp. „ Cut sections reveal a normal internal architecture, coloration and consistency throughout. The extra hepatic bile ducts and gallbladder are unremarkable. The gallbladder contains about 15 cc's of greenish- yellow fluid with no recognizable stones. D. RETICULOENDOTHELIAL SYSTEM: The periaortic lymph nodes show minimal hemorrhage around them, but otherwise appear unremarkable. The spleen is of normal size and shape. There is a y-shaped, very superficial , capsular laceration noted in the left lateral upper region which measures about 4 cm in length by up to .4 cm in width by .3 cm in depth. There is about 5 cc's of clotted hemorrhagic fluid immediately adjacent and adherent to this, in the capsular and subcapsular region. The spleen otherwise appears unremarkable, both on the surface as well as within. E. ENDOCRINE SYSTEM & RETROPERITONEUM: The middle and distal thirds of the pancreas posteriorly, as well as the area around the left adrenal gland show focal hemorrhage which appears recent. The hemorrhage extends downwardly to the level of the medial portion of the kidney, and focally surrounds the aorta. 038 ' JOHNSON, Cynthia - 4 - CR 83-732 However, the major structures in this area otherwise appear unremarkable. The right adrenal gland appears unremarkable. F. URINARY SYSTEM: Focal hemorrhage 'is noted on the medial surface of the left renal capsule, as noted above. Both kidneys are otherwise of normal size and shape with intact capsules and smooth outer surfaces. The cor- tex bilaterally measures about .4 cm in thickness. The pelves and ureters course normally and patently to the bladder which contains no discernible urine. G. INTERNAL GENITALIA: Normal infantile female. H. GASTROINTESTINAL TRACT: The stomach .is thin-walled and contains about 400 cc's of partially digested food. The wall and mucosal surface appear intact. The esophagus and small and large intestines everywhere appear intact, except for focal hemorrhage noted on the serosal surface and medial mesenteric surface of the left distal colon, at the pelvic brim. I. CE14TRAL NERVOUS SYSTEM: The scalp is reflected and recent hemorrtrage is noted in the right frontal , the right and left occipital and extensively in the left temporal region. The cranium is removed and the dura is stripped. The dural membrane appears intact. There is about 50 cc's of liquid subdural hemorrhage noted in the posterior fossa. The brain itself .► weighs 1190 gins. There is slight widening of the gyri and narrowing of the sulci . Subarachnoid hemorrhage is noted in the left frontal , both medial parietal and both inferior temporal regions. Addition- ally, there is laceration and disruption noted in the right inferior and lateral posterior temporal area. The vessels at the base of the brain appear intact, but there is very minimal subarachnoid hemorrhage noted about them. Sectioning of the brain reveals hemorrhagic fluid within the ventricular system. Many- prominent vessels are seen in the white matter and the left temporal region is seen to extend in- wardly for a distance of about 1 cm, showing very minimal associated hemorrhage. The internal architecture of the brain otherwise appears unremarkable. The forar►en magnum appears intact. Examination of the skullbones reveals a basically transversely-directed, basilar skull fracture involving the posterior sella turcica region, extend- ing posteriorly laterally and upwardly, involving the basilar tein- poral mastoid regions bilaterally and extending upwardly to involve the left temporal parietal occipital bone, and extending on the right to involve the right basilar occipital region. This fracture line measures en toto about 30 cm in length. No other skull fractures are seen. Bilateral mastoid hemorrhage is noted. 039 JOHNSON, Cynthia - 5 - CR 83-732 J. NECK. The skin of the neck is reflected abd there is no evidence of subcu- taneous hemorrhage or trauma. The neck shows no evidence •of hyper- mobility or grating. The periosteum and perispinus muscles appear intact. The carotid sheaths and their contents are bilaterally unremarkable and intact. The posterior tongue appears unremarkable. The thyroid gland appears unremarkable. The oropharynx and esophagus appear unremarkable. The lumen of the larynx and upper trachea shows accumulations of frothy hemorrhagic fluid. The mucosal surface appears intact. The hyoid bone and thyroid cartilage appear unremarkable for a child of this age with no recognizable fractures or hemorrhage seen. AUTOPSY FINDINGS: 1 . Multiple traumatic injuries with: a. multiple bruises, abrasions, lacerations b. extensive scalp hemorrhage c. extensive skull fracture d. subdural and subarachnoid hemorrhage e. hemorrhage and disruption of the brain f. focal contusion and hemorrhage of posterior mediastinum and retroperitoneur.-, g. laceration of the spleen h. contusion of the intestines. SPECIMENS TO TOXICOLOGY: [lone. (Blood saved as needed) . Routine tissues saved for microscopic examination as needed. CAUSE OF DEATH: Traumatic head injuries. ~ PRESENT: Officers Silvia Agresta, A. Murray, Concord Police Department, Deputy D.A. Bob Hole, Pathologist's Assistant Glenn Wald. LED/dv Louis E. Daug ey, TR 9-15-83 Forensic Pathologist 040 v.r...� ..• a•.c...r r-..vnvncn , 1 • SUPPLEMENTAL OR CONTINUATION REPORT 'tr SSI PICA TION DATE OF ORIGINAL REPORT CASE FILE 14 SEPT 83 83-732 NAME OF ON D PLACE OF DEATH DATE OF SUPP yn"M a JOHNSON MT DIABLO HOSPITAL CONCORD CALIF 14M I'T 83 WITNESSES: (NAME. ADDRESS. RESIDENCE AND BUSINESS TELEPHONE) 2. 3. 4. S. THIS REPORT CONCERNS THE DEATH OF A NINE YEAR OLD FEMALE WHO WAS STRUCK BY A VENICLE, TRANSPORTED TO THE HOSPITAL VIA A14BULANCE AND DIED IN ER. At approx. 1609 hrs this date I received a call from J GREENE(ER Nurse @ Mt Dia. Hospital ) She told me the following: The D was hit by an auto and thrown approx 100 ft. The D was transported to the hospital via ambulance (Regional 45) arrived at approx. 1505 hrs. The D was pronounced by Dr. HELLERSTEIN at approx. 1553 hrs. At approx. 1645 hrs I spoke with, the investigating Officer, Officer SINSEL. He told me the following: The D was crossing the street in the cross walk, apparently the the driver of the motor vehicle did not see the D. The vehicle struck the D and did not stop. No further info. At approx. 1700 hrs Deputy S. YOUNG made the removal of the D from the Hospital . -.I 9-1L-83 ® 1915hr. A Caroline Reay of the Northern California Transplant Bank made removal of the D's eyes, The D's father had signed a Contribution of Anatomical Gift form at the POD. The original is in D's file. Dep 15 SEPT 83 (brief Medical History) I spoke with the D father via phone this am and he told me the following: The D was physically normal . Her eye sight and hearing was normal . Approx. 3 mo ago she had a cold and was treated at the Naval Weapons Sta. (Father is ammeem'ber of the USCG) Dep 9 MPBELL 041 A#'0F, t \� CONTRA COSTA COUNTY I „� OFFICE OF SHERIFF -CORONER case,NUMpcR - 83-732 CLASSIFICATION AREA BEAT fM1FT DAT OAT[ A TIME REPORTED: CORONERS REPORT HOMICIDE WED 14 SEPT 83 1609 hr AME OF DECEASED-FIRSTMAML MIDOL9 NAME LAST HAM[: DATE A IIOUR OF DEATH: Cynthia Ann .. JOHNSON 14 SEPT 83 1553 hr KA S[K I RACE MT. WT. MAIN ETES GUILD 008 -AGE UNDER 1 YEAR UNDER 74 HOURS F CAU 52in brn I slim 11-27- 3 _9y MDs. DATE "OURS MINUTES SOCIAL SECURITY MUMBER OTHER I.C. (MARKS-SCARS-TATS-DRIVERS LICENSE NUMBER-ETC.) REASON FOR GEINC C040HER CASE BIRTHPLACE (CITTSSTATCI. CITIZEN LAST OCCUPATION LAST EMPLOYER (NAME.ADDRESS,T[ EPHOME: - San Diego CALIFORNIA Y STUDENT WREN AVE. SCHOOL. 339 Wren Ave Conco USUAL RESIDENCE(CITY-COUNTY-STATE I: CITY LIMITS• 1939 SAN VINCENTE DR. CONCORD, CONTRA COSTA COUNTY CALIFORNIA YES PLACE OF OEATM IMAM[ HOSPITAL ON INSTITUTION A ADDRESS-IF OTHER LOCATION GIVE ADDRESS 1 -CITY LIMITS I MT DIABL`pO HELOpSSP�r�IrLT•ALLo, ALyLp25Ai4D�0 S}EAST1C�pST CONCORD CALIF OR= E` 1�pyE YES PEROcf or I L��{.f�J 1 L.�Il�»`f� tJoc{rSOrI i'It»�YIAUL`V`)UVJs!I 1/1LOENC`l�V�l�Vf�UI• PERSON REPORTING DEATH 1 NAME.ADDRESS.CITY,COUNTY,STATE-BUSINESS A RESIDENCE TELEPHONE 1: Joanne GREENE/ RN Nurse ER @ MT DIABLO HOSPITAL PLACE OF INJURY(ADDRESS OR DESCRIBE LOCATION) DISTANCE FROM^[S.(MILES) DATE-TIME OF INJURY AT WORK Willow Pass Rd. & San Vincente Dr. Concord approx 350 ft INJURY 14 SEPT 83 I IZ NO INFO TYPE OF PREMISES OR LOCATION: NOW INJURY OCCURRED: NA D (a pedestrian) hit by vehicle in cross w: REGULAR PHYSICIAN INA M[•ADON[fS-TELEPHONE 1: GATE LAST VISIT: MATURE OF ILLNESS: MEDICAL HISTORY TREATMENT A MEDICATION(LIST PRESCRIPTION NUMBERS): MAME.ACORESS A TELEPHONE OF NEXT OF KIN IN 014094 OF SURVIVAL: RELATION TO DECEASED: NEXT Richard, & Betty JOHNSON 1939 San Vincente Dr. Con ord Ca. PARENTS OF KIN »A»`D.Gspi a`�Gg�WTI"CPD AGENCY VERBAL DA E TIME: 83 BODY REMOVEO TO: REQUESTED @Y/ORDERED BY: RELATIONSHIP: CENTRAL MORGUE G CAMPBELL/ S YOUNG Deputy Cononers DECEASED IDIT6RIED BY(NAME-ADDRESS I: RELATIONSHIP: LOCATION S�P TIME:• 83 n�J� MOTHER PROPERTY AND CLOTHING INVENTORY BY: INVENTORY WITNESSED BY: OTMEN INVESTIGATIVE AGENCY (NAME): ASSIGNED OFFICERS A NUMBERS: CASE FILE NUMBER: CONCORD POLICE,DEPT. Officer SINFEL 16055-83 MOUSE I RDOM VEHICLE CONDITION CORONERS SEAL NA VEHICLE(MAKE-MODEL•YEAR-LICENSE NUMBER TOWED TO: ORDERED by: NA CDR _• 042 CONCORD POLICE DEPARTMENT ORIG. SU►►. TRAFFIC COLLISION REPORT 1 1 ix 2 CR* 16055-83 CLABi1FICATION DAT[ AND TIME REPORTED 187 PC, 20001 , 23153b CVC 09/14/83 1512 OCCURRED: DAT[[ TIMES DAY OF MK PKCIAL V[NICL[/ TY►E OF ACCIDENT - 1! 09/14/8 1512 Wed 4 t1r ►O221C■ i 3wo iw • INA • Pw7LPa" w OT S[w1W +3, OCSURR[D ON: PRIMARY [TRt[T [PEED AT OR NEAR: [[CONDARY ETR[tT [►E[D Willow Pass Road San Vincente Drive 5M'T OFF ID • kw) KUNTLE, Edward john WMA 01f29t59 138 3683 #7 Willow Pass Rd. Concord, - Secondary address: 1193 Haven . Concord, N/P DBA: Unemployed I responded to the report of a major injury accident and hit and run, to provide ass s ance in the investigation. I recefvqd the calt at 1512 1- and arrived at 1518 hours. When I arrived, Officer Mena, Officer Hayes and Consolidated Fire District were already on the scene. Consoildatea FIre Dlstrtet was attending to Me injured party. I began a search for witnesses to the incident. I spoke with W Kuntze, who stated that he was standing in the parking lot of 3653 Willow Pass Rd. He was standing near the left rear quarter of a car parked near the fence just outside of apartment #79 where he was talking with a rriend. While he was standingp he was facing east. While he was talking with his rriend he heard Me sound or screeching tires. Simultaneous with the end of the sound of the screeching tires, he heard the sound of a col on. be described the sound as a orunc When he heard these sounds, he turned his head towardthe sound an as a 1972 Chevrolet Nova, white in color, with tour doors, just leaving the croaswa k, across Willow Pass Rd. on the west3ide or the intersection wItH San Vincente Dr. He stated that the rear bumper of the car was just leaving the crosswalk. He said the car was traveling In the #1 througHra a Iane of 111ilow Pass Rd. , entering the intersection of San Vincente Dr. W Kuntze estimated the speed or the oar . o be approximately thirty o r y- five miles per hour 35).: When he first saw the -gar,":-fie saw ayoung girl underneath the left side of the oar. Be stated that ber body was bouncing between the lert rront and left rear tires of the our, bouncing oft the ground. Thegirl's b then bounced out from underneath the oar and landed in the Ilddle or te Vhen the 1 came out from underneath the oar, W Kuntze saw the car swery to the right, halfway into the #2 traffic lane, an was straddling a an dividing line f e d eastbound traffic lanes. At the same time the oar swerved W Kuntze saw its brake ghts oome on. a car appeared R[►O1111Y�/�1C1 M 38 BRAT RAT!Aro TrER 7:RXPORfRITTtN PR RVI[OR APPMOV"60 TT DAT[AND TIM[ RKPORT TTF[R rFan 14ty « 043 PAGETW ICR# 16055-83 slow down to 20 to 25 miles per hour. The car was continuing eastbound in this fashion on Willow Pass Rd. Just as the car was slowing, W Kuntze saw the driver of the car turn his head to his left and look down at the girl. The driver then looked forwar and continued to drive away eastbound on Willow Pass Rd. When the driver turned his head back forward, W Kuntze saw the cars brake lights go out. He estimated the car's speed, as it fled, to be 25 m.p.h. W Kuntze watched the car as it drove away eastbound on Willow Pass Rd. He saw it turn right onto "one of those streets down there". He was pointing to Landana Dr. and Ashdale Dr. W Kuntze cound not provide a description of the driver, other than he was white .male with dark brown hair. W Kuntze would not be able to recognize the driver if he saw him again. W Kuntze provided a written statement as to what he saw. (Refer to his attached statement) . DISPOSITION ase pending. Refer to Traffic Bureau. D.B. MOORE #238 10-09/14/83: 1730 hrs. SGT. JENNINGS jh 09/14/83:2030 hrs Record property in pwapraph two in the folbwirp order: indicate stolen, recovered, lost or found; then list article, brand,color, description aerial number or driver's license number and value. LAj �. CONCORD POLICE DEPARTMENT owls, su►►. TRAFFIC COLLISION REPORT 1 XX2 MF�# FCR* 16055-83 3 CLASSIFICATION OAT[ AND TIM[Rs►ORTED 23153a VC, 20001 YC 187 PC 09/14/8 1512 " f .Y 417-im OCCURRED: OAT[{ TIM[[ pAY 01 MK SPECIAL V[NICL[{ TY P[ OF ACCIDENT 09/14/831 1512 We 4 ��r •ez�t er3tw . INS . .� ►EL Yo. wLL [Mtwo o i��J7111 Naw OALL. ;5jp 4 OCCUwRED ON: PRIMARY STREET {Faso AT OR NSAR: SECONDARY STREET SPEED Willow Pass Road 3SIT San Vincente ;15Ir OFF ID • 151 (W-1 ) JONES, Jeffrey C. WMA 06/03/56 2726 North Main Street Walnut Creek, 935-0722 (W-2) LEIN, Cynthia Maria WFA 05/10/63 2726 North Main Street Walnut Creek, 935-0722 (W-3) BLANKENSHIP, Barbara J. WFA 09/18/37 850 Clarewood Court Concord, 798-1915 DBA: Principal Monte Gardens Elementary School Concord, 685-3834 (W-4) KAAR, James S. WMA 1198 Quail Court Concord, 686-0367 DBA: Principal El Monte Elementary School 1400 Dina Drive Concord 685-3113 S) MEAD Douglas Gregory WMA 01/25/53 1947 rlotta Drive Conoord 682-6535 DBA: Unemployed REPORTING OFFICER SEAT SATE AMD TIME ORPORT WRITT>:N SUPERVISOR APPROVING TY►15T JPATE AND TIME REPORT TYPED HAYES yr 045 AGE , PAGE TWO CR 16055-83 (V) JOHNSON, Cynthia WFJ 11/27/73 1939 San Vincente Drive Concord, 827,9719 2. N/A 3. VEHICLES use pec TVehicle: 1969 Chevrolet Nova, white in color, License No. 1DJA320, owned by S Mead. 4. EVIDENCE Tag #1 , Item #1 - Blood samples from S Mead Tag #2, Item #1 - A blue, long-sleeve sweater with V neck Item #2 - Brown corduroy pants Item #3 - Black suede shoes Tag #39 Item #1 - Green vegetable matter in a 2" x 3" plastic zip-lock bag, suspected marijuana The above items were tagged and placed in the evidence room of Concord Police Department by Officer Hayes. 5. INVESTIGATION At 1512 hours, I was dispatched to a report of an auto/pedestrian hit- and-run accident on Willow Pass Road at San Vinoente Drive. I arrived at 1513 hours. The V Johnson was lying on her stomach in the center of Willow Pass Road. Numerous citizens had gathered around to help her. Several unidentified WMAs told me that the S vehicle was a white Chevrolet Nova that fled eastbound on Willow Pass Road and then south- bound on Ashdale Drive. I advised Dispatch of the S vehicle's description and direction of flight. I checked Johnson and found she was not breathing and had no detectable pulse. , I called to Officer Mena who had just arrived and asked him to assist me in CPR. I turned Johnson over as Consolidated Fire Department arrived. I told the firemen she was not breathing and had no pulse and they immediately began CPR. Officer Mena began interviewing Ys and I left the scene to search for the S vehicle. As I approached Ashdale Drive, Dispatch advised that the S was being detained across. the street from Monte Gardens Blemen- tary School on Carlotta Drive. I drove. to Carlotta Drive and saw a white Chevrolet Bova, License go. 1DJA320, parked in the driveway of 1947 Carlotta Drive. Several people were in the street pointing at the 3 Mead who was standing at a sink at the back of the open garage of 1947 Carlotta Drive. W-1 Jones pointed at Mead and told me that Mead was the driver of the hit-an#-ruu :aehiole. . Jones said_he had followed Mead from the accident erne. - Ne said !lead had tried to wash the blood off the 3 vehicle. I looked. at the S .vehicle and saw a large dent where a body may have struck the front of the vehicle. I saw blood which had been partially washed off on the grill, hood, Record property in paragraph two in the following order: iedieato stolen, recovered, lost or found;then list article, brand,color,descriptioi serial number or driver's license number and value. 046 AGE ' PAGE THREE CR 16055-83 window and roof. I entered the garage and saw that Mead was washing his hands in a sink. He appeared to be unaware of my presence. I walked up behind him and placed him a rear wrist-lock. I told him he was under arrest for hit-and-run and I placed him in handcuffs. I turned him around and immediately smelled an odor of an alcoholic beverage on his breath. His eyes were bloodshot and glassy. As I walked him to my patrol car, he staggered and was off balance. I placed him in the rear of my patrol car and contacted Ws Jones, Lein, Blankenship, and Kaar. Jones and Lein told me that they were driving westbound on Willow Pass Road with Jones driving. Near the intersection of San Vincente Drive, they saw Mead driving eastbound. They saw Mead's car hit Johnson and then watched Mead drive away eastbound on Willow Pass Road. Jones made a U-turn and followed Mead eastbound on Willow Pass Road and then southbound on Ashdale Drive. They saw the S vehicle stop in the drive- way of 1947 Carlotta Drive. Mead, the' only occupant, exited the vehicle and entered the garage, obtained a brown bucket which he filled with water, and came out to wash Johnson's blood off of his car. Jones and Lein yelled to school personnel at Monte Gardens School to call the police. Jones and Lein waited for the police. For further information, see written statements by Jones and Lein. I contacted W-4 Kaar who told me he was driving eastbound on Willow Pass Road when he saw Johnson standing on the south curb of Willow Pass Road waiting to cross. He stopped at the crosswalk and Johnson began to cross the street. Mead, who was eastbound in the No. 1 lane, failed to stop and hit Johnson as she walked into the No. 1 lane. Mead did not stop after the collision and continued southbound on Willow Pass Road. Kaar followed Mead who was then being followed by another vehicle. Kaar lost sight of Mead and drove past Mead' s parked vehicle on Ashdale Drive. Kaar drove around for a short while and then returned and saw Mead washing his car in the driveway of 1947 Carlotta Drive. He saw Jones pointing at Mead and yelling that he was washing off the blood. Kaar waited with Jones until the police ar- rived. For further information, see the written statement by Kaar. I contacted W-3 Blankenship who told me she came out of Monte Gardens Elementary School when she heard of a hit-and-run accident. She was aware that the police were being called and she responded to the street to see if it was one of her pupils who was injured. Upon ar- rival in the street, she was told that Mead was washing blood off of his car which was evidence. She walked onto the lawn of 1947 Carlotta Drive and saw that Head was washing blood off the hood, window, and top of his car. She waited until the police arrived. For further information, see the written statement by Blankenship. I gathered Jones, Lein, Kaar, and Blankenship together and gave them statement forms to fill out. I advised Officer Norvell of the Ws and asked him to collect the written statements. Record property in paragraph two in the following order: indicate stolen, naovered, lost or found;then list article, brand, color, descriptior serial number or driver's license number and value. PAGE FOUR CR 16055-83 AGE I transported Mead to Concord Police Department and while enroute, I f requested a blood technician respond to draw a sample of Mead's blood. Shortly after my arrival at the station, William Billo of Blood Alco- hol Determinants, responded and drew two samples of blood which I received and put in evidence. I completed an arrest report form for Mead. While I was filling out the identifying information of the report, Mead asked "What am I charged with?" I told him he was charged with felony hit-and-run driving. He made no other comments and asked no questions. I took Mead's clothes as possible evidence and gave him a paper ,jumpsuit to wear. In the right rear pants pocket, I found a 2" x 3" plastic zip- lock bag of green vegetable matter which I suspected to be marijuana. I placed Mead in a cell pending an interview by Officer Sinsel who was conducting the investigation. I placed the items of evidence in the evidence locker at Concord Police Department. 6. DISPOSITION Case pending. HAYES, #151 10 09/14/83 2308 Sgt. Alcorn yr 09/15/83 0100 Record property in paragraph two in the following order: indicate stolen, recovered, lost or found;then list article, brand, color,doeriptia serial number or driver's license number and value. ii ��-•www w�..w• . O 8 CONCORD POLICE DEPARTMENT oRle:, iu►►. TRAFFIC COLLISION REPORT 1 xx2 MFS•. FCR* 16055-83 CLASSIFICATION DATt AND TIME REPORTED 23153a VC, 20001 VC, A 187 PC 09/14/83 1512 OCCURRED: DATES TIMES DAY OF MK SPECIAL V[NtCL[i TY►[ 0► ACCIDENT r AR 09/14/83 1512 Wed 4 °�� ►°�„• umewo °;�Lljr. •1MJ •rAY• � w 4w °T 5iA OCCURRED ON: PRIMARY STREET SPEED AT OR NEAR: SECONDARY STREET JC SPEED Willow Pass Road `t"35 San Vincente Drive �j'T OFF ID 173 (V) JOHNSON, Cynthia WFJ 11 /27/73 1939 San Vincente Drive Concord, 827-9719 (5) MEAD, Douglas Gregory WMA 01 /25/53 1947 Carlotta Drive Concord, 682-6535 (SJ-1 ) MEAD, Herbert Malcolm WMA 12/21/28 1947 Carlotta Drive Concord, 682-6535 DBA: Coach El Dorado Intermediate School, 682-5700 (SJ-2) STEWART, JoAnn Ester WFA 01/23/35 1938 San Vincente Drive Concord, 682-0846 DBA: Disabled 3. VEHICLES Suspect Vehicle: 1969. Chevrolet Nora,• white in color, California License No. 1DJA320. 4. EVIDENCE Onephoto line-up containing the following Concord Police Department booking photoss REPORTING OIPICER OLAT ATASO TWE RpORT WMITTEN iYPERV1fOR APPROVING TYPIST JDATE AND TIME REPORT TYPED BYERS yr co-se JUL of 049 PAGE PAGE TWO CR 16055-83 4. •EVIDENCE (continued) No. 1 - FP# 14111 No. 2 - FP# 22737 (Douglas Mead, dated 04/01/83) No. 3 - FP# 31125 No. 4 - FP# 39065 No. 5 - FP# 25327 No. 6 - FP# 18423 5• INVESTIGATION On 09/14/83 at 1512 hours, I was westbound on Concord Boulevard near Thornwood Drive when I heard Concord Police Department Dispatch broad- cast a reported hit-and-run accident on Willow Pass Road and San Vincente Drive. I then heard Officer Hayes advise that the S vehicle was a white Chevrolet Nova that fled eastbound on Willow Pass Road and "turned on the street before Landana Drive." I turned my vehicle onto northbound Landana Drive and headed in a direction of the area of the S vehicle. On the evening of 09/13/83, I had responded to a report of a 5150 WPI, at 1947 Carlotta Drive to assist Officer Haller. The S of the report was Douglas Mead with whom I've had several past contacts. These con- tacts involved 5150 W&I, disturbing the peace, drunk in public, and drunk driving type of incidents. At the time of the 5150 WAI report on 09/13/83, I noticed that there was a white Chevrolet Nova parked in the driveway of the residence. Due to the description given by Officer Hayes of the S vehicle in the hit-and-run accident and the direction flight (towards the Mead residence on Carlotta Drive) , I felt that a possible responsible was Douglas Mead. I continued driving northbound on Landana Drive when I heard Dispatch advise that the S was being detained at a residence across from Monte - Gardens Elementary School. Douglas Mead lives directly across the street from Monte Gardens Elementary School. I drove to the Mead residence at 1947 Carlotta Drive. Upon my arrival at approximately 1517 hours, I saw the S who I recognized as Douglas Mead seated in the back of a Concord Police Department patrol unit. He appeared to be talking loudly to himself, however I could not hear what was being said. The white Chevrolet Nova that I had seen the previous night was parked in the driveway. The large front garage door of the residence was wide open. I noticed that the Chevrolet Nova had water spots on it and water on the ground nearby as if someone had attempted to wash it. The wind- shield was smeared with a damp, dirty film. I noticed bright red ap- parent blood spots on the front grill of the vehicle mixed in with the water spots. There were apparent blood splatters along the driver's side of the vehicle. The right front hood area had a moderate sized dent that appeared to be fresh damage, due to a lack of rust or cor- rosion. The front bumper area slightly left of center had a dent that Record property in paragraph two in the following order: ,indieats stolen, recovered, lost or found;then list article, brand, color,descriptio serial number or driver's license number and value. 050 PAGE •PAGE THREE CR 16055-8 'appeared to be old damage due to rusting at the creased portion of the dent. Between three and five minutes after my arrival, I saw a person I recognized as Douglas Mead' s father (Herbert Mead) ride up the driveway and into the garage on a 10-speed bicycle. He inquired as to what had happened and I told him that his son, Doug, had been arrested for a hit- and-run accident involving a pedestrian. He was inquisitive as to the pedestrian's condition and how the accident had occurred. Herbert Mead was visibly upset and mentioned the incident the evening before when Doug was acting peculiar. I asked Mr. Mead about the Chevrolet Nova parked in his driveway. He said that the vehicle belonged to Doug and that he had purchased it "several months" ago for $600. He did not know if Doug had registered the vehicle with the Department of Motor Vehicles and said that he did not think he had insurance. He stated that "no one else drives the vehicle" to his knowledge. I showed Mr. Mead the dent on the front hood area of the vehicle and he said that he did not remember seeing it before. I told Mr. Mead that we needed to collect evidence from the garage area of his residence and asked for his permission to do so. He said, "Go ahead." Mr. Mead told me that he had left for work at about 0740 hours this date and that Doug was home at that time. He had just ridden his bicycle from work to home, discovering the police at his residence. Herbert Mead then began giving me some background information on his son, Doug. He told me that for the past two years Doug has been doing "pretty good." Prior to that, he had been in J hard at the Contra Costa County Hospital "several times" and the Napa State Hospital "a couple of times" for mental problems. The doctors classified Doug as schizophrenic. During the past two years, Doug had been visiting his psychiatrist by the name of Dr. Flasher who has his office on the corner of Pt. Chicago Highway and Salvio Street in Concord. He had been taking a prescribed medication called "lithium" in the past, but Dr. Flasher had switched him to a drug called "mallorio" (spelling unknown) . Doug had sterility as well as other health problems as a result of taking the lithium, so the doctor changed medication. Mr. head showed me a bottle of lithium carbonate, 300 mg, prescribed by Dr. Flasher, dated 04/16/83. It appeared to be about half full with about a hundred capsules remaining. He again said that Doug no longer takes that particular drug. He looked for the other prescribed drug in Doug's bedroom but could not find any. He said that he is supposed to be taking the •nalloric" drug but did not know if he was doing no. During the past two years, Doug had his first violent incident when his family went to a wedding in Boise, Idaho, on August 27, 1983. Be got angry and a violent fist fight developed between him and his brother, Record property in paragraph two in the following order: indicate stolen, recovered, lost or found;then list wrticle, brand, color, descriptio serial number or driver's license number and value. 051 PAGE VAGE FOUR ICR# 16055-83 Brad. The police were called and made a report of the incident,: according to Mr. Meade He suspected that Doug was not taking his r prescribed medication and that is what resulted in his violent be- havior. The next incident occurred on the evening of September 13 when Officer Haller and I responded, as well as other Concord Police Department officers. He said that Doug was in his bedroom playing the radio. He was walking around his room loudly talking to himself. He was talking "tough talk" according to Mr. Mead, saying things like, "Nobody fucks with me." He then called the police, expecting that Doug may become more violent if it continued. Mr. Mead said that Doug "straightened out" when he saw the police ar- rive and acted in a more normal fashion. Doug Mead did not meet the criteria for 5150 WPI at the time of the officers' contact. I asked Mr. Mead if Doug drank much. He told me that he did not drink much but did drink "a little beer." He said that Doug likes to smoke marijuana though. Just prior to leaving the Mead residence at a0proximately 1645 hours, I was contacted by a person, identifying herself as "Debbie Bugg." She had driven up to the residence with a friend. She asked if Doug was at the residence and I told her that he was not. After identifying myself to her, she told me that Doug had threatened her mother earlier In the day (JoAnn Stewart) when she was parked across the street from Doug's residence at the Monte Gardens Elementary School waiting for her grandson. I told her that I would contact her mother to get a more detailed account on what had occurred. Debbie Bugg mentioned living across the street from the V who had been struck by the vehicle; however, she was not aware that Doug had been arrested for it until I told her. 1855 hours had contacted JoAnn Stewart on the telephone and she arrived at the Concord Police Department for an interview. During this interview, she was visibly very upset and shaken over what had occurred to her and of the knowledge that the V who lived across the street from her had been killed. She said that the girl had just been over to her residence earlier in the day. Mrs. Stewart walked with a single crutch and said that she was disabled. The following is a synopsis of the interview with JoAnn Stewart: At about 1300 hours, this date, she drove her 1976 Ford Van, bronze -in color, to the Monte Gardens Elementary School to pick up her grandson, "David," six years old. She said that she had been doing this for the past couple of years since he entered school. She parked her vehicle directly in front of the school in a lined parking area, perpendicular and facing the sehoolgrounds. She began reading a book while waiting for bar grandson to come out of class. After about five minutes, she beard some loud yelling coming from behind her. She heard a male voice yelling, "You bitch." She ignored the sound thinking that it was prob- ably a family fight. The sound of the noise and yelling came closer Record property in paragraph two in the following order: indicate stolen, recovered, lost or found;then list article, brand, color, descriptic serial number or driver's license number and value. 052 CONCORD POLICE DEPARTMENT ovula. w►►. a TRAFFIC COLLISION REPORT 1 2 MFF I , . CR* 16055-83- CLASGI►ICATION DAT[ AND TIME REPORTED 192.3 PC 20001 VC 23153 VC 4-14-83 1512 " OCCURRED: DATES TIM[/ DAY OF MK SPECIAL V[MICL/S TYPE OF ACCIDENT �S1/ CITY FOIICt OTMtR ALL • INJ • IAYL FwL rlw ALL 9-14-8 151 4 ' 2 triwo eY4tw Naw Now e115ww OCCURRED ON: PRIMARY /TR[[T - area AT OR NEAR: /[CONDAwY STw[[T SP[iD ` willow Pass Rd LIII� San Vincente Dr 25T OFF ID t 1128 9-14-83 at 1553 hrs Victim Johnson was pronounced dead at Mt Diablo hospital bgr Dr . Hellerstein. The body was then released to the Contra Costa County Coroners office. A[PORTINo OFFIC[w [[AT OAT[AMR TOM[ RSSPORT�lITT[N /YF[RVI/OR APPROVING TYry/T 10,1' [ AND TIM[ w[►OAT TYPED J. Sin eel 10 9-14-83 2230 hr 053 (Lolk---)010SMUENT� v CR# 1 6 oSS-S 3 Statement of: PAGE f Norge � `�1 C).` `�9-,- S w► Address (7U CO41.,vo-v - axl%o- Phone� Date: Time: Location: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - O or.,ee--Q- - c� N-0 C �Y-ee,�- CY'O w c� -t- %recks(A Gcsrggz�- 1: Saw-) Q A . KCA (5c\ .�A .d -�- �.��-e�, q �1 �C cr.�s� S Yo.�. a.►,.�� dad �C Witness: Signed; a 'J Date: %�y3 Time: `7 • y Cl? 102-570 054 SrATBMENT Statement of: /N. ,• PAGE I Address iLocation: EL3 r ► . - .. . �.. �� a .� L� . r. .. - ►..d rn our (101-- lJO 1006b d e 0 M Vl!e VY\ bnffi :V-(�A E5 Witness Date: Ttee: «• 1 SrAIMENr CRO t6oSS-k3 Statement of: PAGE O Acme LtUAVA14 t. jcjL Ac -r Address 'Jl7 S y CA-)4L/L[/f t4 l/ Phone r V7'-- 27 3&7 DOB /D-/ee Date: 9— /z/— Sr 3 Time: 3.2 CJ Location: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 6q A/O 11,49- 5kE wFt S GQ 06Sliy6r T�� C2Q S'S Cr2Cf/_l/ .FAR n 772.ug-'k- 57`0 Be IVof- iyTllo ZA vek AT 4 g UT 45d TO 4d AiT TiVF 9PA r s A//7— gVF 2 z9i o D lL�� Witness: Signed: I j.)j 4W a �✓�L Date: Time: CP 102-570 056 SrA1EMLNr CRO Statement of: PAGE i Name t � (1 h,vs s IT Ate+ Address 1 f VE D'�e. C� �.�r� C wl C/4 Phone_ b t 6 —&3 L 7 DOB Late• Time: 3 *,2 S Location: t"/i - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - • - - - • - - - - - - - 4ke A P tA4 10f 0 1 'a dgaz 1 ..4 - � .*A-. A ay. ♦ cA a eA. .J T � 74 7-Aie 1 . T 4f ggz�"4t XA az :&41�z 4®l! Q4,c � - h o `f' 1 1"1 Agle iA A, r'- .4 A- .0% p 4rim I� r i �•� s - . � ';k:.,''• ` '' .r �'•' :� i ` � Vis- u ' .: ti .fir..; � ... 17 ail ro& Date:l-/y-!J Time: '° CP 102-570 057 SrATEMENT Statement of:Name • G Address . Phone -NB Date: Time: Locaticn:Lk c r if,-A e*,z;6 In, -To aivf— oLoc CL ISV I V ' ` ce -si-,"LL& a. % &/ - < '— f2i 1 : icee--)Il Kett- -O-Z Witness: Signed: Time: Date: �JA4 / «• 102-570 5 I� • 1 • • _-�IAM, Statement of: PAGE Address - - 2 7,2�,,)o 1O: Location:Date: Time: pm K) — • f • rd � � • ��a� It S � I . �" _ �6unk 1 Y-k)u• j t 6L ank Qorsock -i� 60.4crf, Sej,,tazral -p=gL lV mai 11 I u.C"AlweJ 1 Ojr� P4 r. 1 l 1,.Nz.q 42 JITI 1211:144 4-h -le--1 li 1 41 j ISO ACIII IV, + rl- r<%e- IA r. �n arnv)nk 4c, C&rrx',oC /irx 'O'Af4 O'D b Ar"�- d 0 d k..".c n�,- -4."(F, -" L S z 4 �47`111X- 4" ',eC XA all .o _ ..mss .. 6 1\ZC)-h s U-) CA Ihn Or,rk%-A •• ,; ► � �• IIIA � � _11 �-� a� SII 1 .: _ ���� Date; Ttnt:. M' 1 f . 1 STA7H4ENT CRO /L, Statement of:NPAGE i ape /�� i' � U r� /J � � rc (Gr�r s {► . � C t Address dSy 6/l u r t k� v cl G� Phare '7 9 L Dos I- F-37 Late: Tim: 3 /d Locatiow Frc x.4 C) - - - - - - - - - - - - - - - - - - - - - - - • - - - - - - - - - - - - - - - - - . . . . . e a o .G, a c 4 t-e or ` C 5o^rt� zvitr Lj .� pp __0 1 l c-t u�� L G mac. �Jt,�.-� 4-V �I d r , eo C__e_-f- ``� w a s /z kL r v Gr et ` �4 s ` �e o►d A., 4 .41004 Gt,i k;:, t 12.E :.� �'1-�;►jai L d R 111tt�ess f:: Signed: Late: /P.^ c }7 CP 10 -570 dSSS c��•vac- . =— _ 7`17 . G\\d. .S a q ..- -- rib a17 ��-�a. \I. A. - h a 7Y_ h of t o ha �- 41VNav--�' �-V'a nC�� �� f •r �'"`�`ss``"t�i7���M!4�� •�7"' '��!'_�} v. r��+J+ �•y- '. � c2 CZ _. ._ . �. l..J`c���I. L..C�.�"' ����� ac-�..�ci.�1�.{ -S�clr�..�-. �t-o±r►-1___ . .L-Z) CN . 4hct -h cj� cQ-- `�_...._ v�e.�1 � -� �.c��\c.�.r�,� �•,��-- :L�-. ��-Vie- c���j_ d�av-,cA- -- f 063 jY. `./P i.' .�.� S_ _�' ♦ .. . �� .:; H. •,A.J �_.w�i*,. �" � � �'.:A 't.:�: ^�.- ',_'r. .Y `��' , �v ����++'��.!..yl•. 't�.�hr�?,4�'rrl�����°%��i�l�1p�� ��~+�.,a, ►.?r:�'!�,�K�a�'�;yr7+i`R�4R. ACCIDENT 1100. ACCIDENT LOC. ACCIDENT DATE TEST SKID DATE SKID - SPEED INFORMATION 16055-83 1W.P./San Vinc me 9 14 13_ 9/21/83 ROAD CONDITIONS ACCIDENT SKID DATA CENTRIFUGAL SKID TYPE OF ROAD IMP[NDINO LOCKED WHEEL TOTAL LENGTH As haltL.F. ► 11 FT. COHDIT ION R.I. 440411 CHORD Smooth-Worn L a. 71 469310 / .T. GRADE/DIRECTION am. 4 191f MID-ORDINATE Level E/W ACCIDENT VENICLE(rear,=ate.model) TOTAL 69 Chev. Nova 4 dr. AVEaASE i TEST SKID INFORMATION NO. MPH L.F. R.R. L.R. R.R. TOTAL AVERAGE OTHER DATA 011 Ina 1.0. N0. 1. 42 80 74 88 8 88 John S' 128 VEH. LIC.OR EOUI►. NO. MAKE YEAR/MODEL 2' 42 78 73 86 85 69 Nova •►EEDOMETEa INDICATED ACTUAL SEED DATE CALINNATED 3. 40 42 Radar METHOD SKIOMARKS MEASURED WEATHER Iremp.1 TIME MINIMUM SPEED PROM ACCIDENT TEST ACCIDENT TESLACCIDENT TEST CHANT(OVer) 1.71.1 TAPE 11 FACED 0 OTNEa TAPE 0 PACED OTHEo 950 9001512 ISM) INVEST 14ATINO OFFICER ACCmENT I.D. NO. I J. Sinsel 128 CosF.OF FRICTION 67 s' SPEED SRO OFFICSR I.D.N0. J. Sinsel 128 vAstD oe TEST sit to No. 1 33 MPH CALCULATIONS/DIAGRAM COEPPICIENT OF FRICTION = F V2 = 42 MPH2 +1764 67% 3W 30 X (test skid 881) 2640 V f3OFS = 30 x .67 x S3 20.1 x S3 1065.3 33 MPH N. wfl moi• ,',_�•.,. .% :.��� ':i1�Y y. :k `,Stir_•: ;.. . L_• EMBOL.S FOOIMULAS EXAMPLE: CENTRIFUGAL SKIOMAP - IDINAT9 t- MI pt►rXEaT M Pa1Cvwo e-come OPT$ /s �•+ a c Ct ~ me + MIDDLE 11•W99D Ila"l M•MIO.Oal11SATE 1 ♦ s • V � 1SR1 ••Salo utNTN 1FTI a•111AD1Y•t/T1 !0 CORD 'Suit. 064 p INDICATE NORTH 02, 1 M ST_ rr 1951 ST., 1 ( INTER ECTION Of rte; • - ' � DATE-��`V to STA149ARD SYMBOL$ --+► MOTOR VEHICLE MOVING AHEAD =�► HEAD-ON SIDESWIPE -+44— MOTOR VEHICLE BACKING UP REAR END f: ---� PEDESTRIAN �► OVERTAKING SIDESWIPE ;• �'—'—i TRAIN BROADSIDE PARKED VEHICLE APPROACH TURN O FIXED OBJECT -'9 OVERTAKING TURN ,�••; 0 FATAL ACCIDENT ^"' OUT OF CONTROL 0 NON-FATAL ACCIDENT 7'Y' VEHICLE TURNED OVER 0 PROPERTY DAMAGE ONLY L. DAYLIGHT HEAD-ON 0 DARK(includes Down 0 Dusk) Lt3O TIME CITY OF . CONCORD COLLISION DIAGRAM R.A.A. MER I NME SHEET BY DATE REVISION - - .065 v4q yv-iv w aL,c 0<. / 6 OS 5 • Sam t•�i���c�`c �T� NO r � , i n I � I I 1 � I Z 3ti I i 066 0 7' ti I � 1 74 All i t 1 o67 a r A. CONCORD POLICE DEPARTMENT ` BEAT TECHNICAL SERVICES UNIT •�, SUPPLEMENTAL REPORT 1�[�\ ►Ace _ __ or ►woes, LU co V CASE NUMBER CLASS ORIGINAL DATE TIME OFFICER AT SCENE TECH OFFICER m I � - �F�o�/ -�'s l DATE RESPONDED JYIME ARRIVED TIME COMPLETED LOCATION LIj `vU_ D�/¢Ss' / �/�0 . /V 1�i/y'ccNTF : \\1 ;K j SUSPECT YEAR MAKE MODEL COLOR LICENSE NUMBER VEHICLE: ( VICTIM E P EVIDENCE (numerical) to v 2 ->B-- PHOTOGRAPHS (numerical) � • to �� Latent Cards i t 2 CONCORD' POLICE DEPARTMENT - BEAT TECHNICAL SERVICES UNIT !� SUPPLEMENTAL REPORT _l PACE � or: r►wces m I CASE NUMBER ICLASS ORIGINAL DATE TIME OFFICER AT SCENE TECH OFFICER U! h DATE RESPONDED TIME ARRIVED TIME COMPLETED LOCATION i N V Q U C , ( ] SUSPECT TEAR MAKE MODEL COLOR LICENSE NUMBER VEHICLE: ( ] VICTIM ! EVIDENCE (numerical) to E P PHOTOGRAPHS (numerical) -to Latent Cards I 4441=1 4,4 00-44 df door i s CP-111-777 069 I i• I I i j ► � , , 1 ! 1 I i i I I � i BUBF[E /6T: � I i � � i ► I i � I 1 � ! 1 t jj ! 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It 4 ro CC pt v Z (� w to SA I to Pol N tt , VN 14 a + ell a Y ` •• y iw r q,-- V � f� a � o m `rC 1-4 N TIN , ' 1•w O ' 1 r� t , J 3 , , , , ` , , 1 , , , , , , 1 1 � 4 CLAIM BOARD OP SC1PEFtVISORS OF CO1TM COSTA COU:TY C hLEFaWIA BOARD ACTION Claim the Oaun f ,E.E-.• )G�,� v4hK.i?'o-" �I�U►i'E TO Q.A�iA� January 17 , 1983 Against ty► Luting Endorsements, and ) Roe copy of this document mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , Government Code.) ) given pursuant to Government Code Sections 913 i 915.4. Please note the "Warning" below. Claimant: Richard. & Betty Johnson as representatives of the Estate of Cynthia Ann Johnson Attorney: Linda G . Lipscomb , Attorney At Law County Counsel 'Alcoa Building, One Maritime Plaza _ - Address: Suite 1250, San Francisco , CA 94111 DEC 2 0 1983 Amt: $10, 008, 495. 83 Martinez, CA 94553 By delivery to Clerk on Date'PaCeived: December 19 , 1983 By mail, postmarked on unknown I. FFCM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim. DATED: S,,B. MESON, Clerk, By ��� , qty Kelly R. Calhoun II. FROM: County TO: Clerk of the Board of Supervisors (Check one only) (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. Board should reject claim on ground that it was filed late. (§911.2) DAZE: ;,11;13 JOBT1 B. CZAUSIIN, County Counsel, B . qty III. BOARD CFEM By unanimous vote of Supervisors present (y ) This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED: & J. R. (ZASSON, Clerk, by,�t L•c.�„r� U `/Ylah ,. Deputy WNWIW (Gov't. C. 6913) Subject to certain you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file'a coria action: on this claim. See Qav xnment Code Section 945.6. You may seek the advice of any attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so imrediately. ' EM: Clerk of Cooity Counsel, 2 County IMMstratnr 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 mr, - thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. • DATED: , ! 4 ei' J. R. OB.SON, Check, by 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 resentednot 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 .entty, 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. . :;;:m ;41cara RE: �* Nr y Johnson ) Reserved for Clerk' s filing stamps for themselves and as Representativ1s MIEND T AIr 0 of the estate of Cynthia Ann Johnso r LM Ll LJ Against the COUNTY OF CONTRA COSTA) DEC/y IGS Crossroads Mental Health Facility ) or DISTRICT) J. R. OLSSON CL K BOARD OF SUPERVISORS Fill in name ) C�QqNTRA Q`S-T� CO. By, 44 - ...1II e u The undersigned claimant hereby n►akes claim against the County of Contra Costa or the above-named District in the sum of $ o � l ,nQR49 _ R1 and in support of this claim represents as follows: 1. [Then did tae damage or injury occur?- (Give e=xact date and hour) ---- . - ' 9/14/83 at 3:12 p.m. . .----• ---..T-- '---------.�------------------ - ------------------.-.....t-�. 2. Where did the damage or injury occur? (Include city and co� nty)_.. At the intersection of San Vincente Drive and Willow Pass Road, Concord, California; Contra Costa County. 3. How did the damage or injury occur? (Give full details, use extra-- sheets if required) Driver of a car, Douglas Gregory Mead struck and killed Cynthia Ann Johnson. See attached Exhibit "A" for details, which by this reference is incorporated as though fully set forth at this place. ------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? See attachment (1) for the full text of this part 4 -of this claim form. L t 108 (over) AMENDMENT TO ATTACHMENT 1 o claim form against County of Contra Costa, Crossroads Mental Health Facility The claim presented to the County of Contra Costa by Richard and Betty Johnson is hereby amended to include the following allegations in Attachment 1 thereof: Page 4 of Attachment (1) continued: Upon information and belief, claimants allege that the therapist employees prescribed a drug or drugs for Douglas Gregory Mead which had various effects upon bead as follows: 1. Upon information and belief. , claimants allege that the drug or drugs prescribed for Mead caused him impotence and that Mead had complained on several occasions about this, and for this reason, bread refused to take such drug or drugs regularly with the effect that his psychotic condition was unregulated. 2. Upon information and belief claimants allege that the therapist employees knew, or in the exercise of reasonable care should have known these facts, and that Plead was driving in this psychotic condition; 3. The.,.therapist employees knew ox. sboiilr? have- known that Meas? had applied for and received a driver's license on . or about 2/8/83. Under the circumstances, the therapist employees had a . duty to warn the County Probation Department, the Department of Motor Vehicles, and/or the appropriate court of Mead' s inability to drive, and that the therapist employees failed so to inform or warn the appropriate authorities. � � l09 AMENDMENT TO ATTACHMENT 1 of claim form against County of Contra Costa, Crossroads Mental Health Facility Page 5 of attachment 1 continued: By this failure to warn the appropriate authorities the therapist employees breached that duty of care owed to Cynthia Ann, . Richard and Betty Johnson. The negligent, careless, and reckless acts described above resulted in Douglas Gregory Mead's drunk and drugged driving on September 14, 1983, and in the death of Cynthia Ann Johnson. Claimants have suffered damages, and continued to suffer damages on account of these negligent, careless and reckless acts of the therapist employees, in the amount set forth herein above and below. As and for a separate claim, claimants here incorporate all of .the previous material set forth in this part 4 of the claim form and allege alternatively that the prescription of a drug or drugs for Douglas Gregory Mead was in itself negligent because the therapist employess knew or should have known that Mead: 1. Had received a driver's license; 2. Continued to drink alcohol; 3. Drove when drinking; and 4 . That the combination of the drinking and the drug or drugs prescribed for him causelhim to be unable to drive upon the public roads safely. In so prescribing said drug or drugs the therapist employees were negligent, careless and reckless under the circumstances, since they knew or should have known that Douglas Gregory Dread was a menace upon the public roads . In so prescribing said drug or drugs, the therapist employees 110 A4ENDMENT TO ATTACHMENT 1 of claim form against County of Contra Costa, Crossroads Mental Health Facility r Page 6 of Attachment 1 continued: breached the duty of care owed to Cynthia Ann, Richard and Betty Johnson. The negligent, careless, and reckless acts described above resulted in and proximately caused Douglas Gregory Mead's drunk and drugged driving on September 14, 1983, and in the death of Cynthia Ann Johnson. Claimants have suffered, and continue to suffer damages on account of these negligent, careless and reckless acts of the therapist employees, in the amount set forth herein above and below. CIA IM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant Claims relating to causes of action for death or for injury to parson 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 vi this form. RE: Claim by Richard & Betty Johnson )Reserved for Clerk's filing stamp for themselves and as Representatives f h E JD . o the estate of Cynthia Ann Johnso>� Against the COUNTY OF CONTRA COSTA) DEC i 1 1993 [�`� V!,7TV rR0r,ATX0F DFPARTPIPN ) J. R. OILSSON 6 DISTRICT) BOARD OF SUPERVIS Fill n name ) ['CLERIC NIRA OSTA Co. uti...�?1 The undersigned claimant hereby makes claim against the County of Contra Costa .or the above-named District in the sum of $ io,nnR4gs _ a3 and in support of this claim represents as follows: s __ l. When did the damage or injury occur? (Give exact date and hour 9/14/83 at 3:12 p.m. �. W�iere did the damage or injury occur? (Include city and county) ' At the intersection of San Vincente Drive and Willow Pass Road, Concord, California, Contra Costa County. ----------------------------:------------------ ---- -----------�--- 3. How did the damage or injury occur? (Giveu�I details, use extra sheets if required) Driver of a car, Douglas Gregory Mead struck and killed Cynthia Ann Johnson. See attached Exhibit "A" for details, which by this reference is incorporated as though fully set forth at this place. 4. -What part�aular act or omission on the part of county or clsstrict officers, servants or employees caused the injury or damage? See attachment (1) for the full text of this part-4 of this claim form 112 (over) i Attachment 1. Text of Part 4 of claim form against the -, Contra Costa County Probation Department Claimants predicate liability of the Probation Department on Section 815.6, and Section 815.2 of the California Government Code, Section 1714 of the Civil Code, and the cash law inter- preting these Code Sections. In this case, Cynthia Ann. Johnson was killed by Douglas Gregory Mead while he was driving drunk and drugged, with a current license issued to him by the Departmene of Motor Vehicles. Mead had been placed on probation from at least three convictions of traffic violations on or about July 23, 1981. Mead was to participate in a program for alcohol, drug abuse, and./or driver education, and Mead was not to drive unless properly licensed. (See Docket Sheets, Exhibit "B" hereof, by this reference incorporated as though fully set forth at this place. ) Mead was placed in the car% management, and control of the Probation Department which, claimants believe, with or without the concurrence of employees of the Crossroads Mental Health Facility, made the decision that Mead's psychosis was • so advanced and serious that he could not benefit from ordinary alcohol abuse or other education programs, and thereafter was to be given treatment at the Crossroads -Mental Health Facility. Mead was known by the Probation Department to have been a diagnosed schizophrenic and psychotic, as well as having been an alcoholic and drug abuser. bead's traffic record of multiple serious traffic violations was known to the Probation Department. Despite this knowledge, claimants allege upon information and belief, the Probation Department committed various negligent, i, 113 Page 2 of Attachment (1) Text of Part 4 of the claim form continued: reckless, and careless acts as described below: The Probation. Department failed to supervise, monitor, control, or otherwise insure that Douglas Gregory Mead (Y.eac) participate properly in a treatment program for alcohol abuse, drug abuse, psychiatric re- habilitation and/or driver education program after Mead was placed on probation from at least three convictions for traffic offenses. (See Exhibit "B" of this claim form, which by this reference is incor- porated herein as though fully set forth at this place. The said Exhibit "B" shows the fact of probation of Douglas .Gregory Mead. ) Upon information and belief, claimants allege that the Probation Department failed to follow the statutes, rules, regulations, policies, and procedures in failing to keep proper records of Mead's attendance or lack thereof in the treatment programs described above. Claimants further allege upon information and belief that the Probation Department failed to follow the statutes, rules, regulations, policies and procedures in failing to supervise, manage, monitor, and/ or control Mead, or to otherwise compel Mead's proper participation in a treatment program, which statutes, rules, regulations, policies, and procedures require the Probation Department to exercise such control supervision, management and/or monitoring of Mead to compel his attendance. Claimants further allege upon information and belief that the Probation Department failed to notify the Department of Motor Vehicles or the approrriate court of Mead's failure to properly participate in the program(s) described above in contravention of the statutes, rules, regulations, policies and procedures requiring said notification and/or warning. 114 Page 3 of Attachment (1) of the claim form continued: By the failure to keep proper records of Mead' s attendance in a treatment program, by the failure to supervise, manage, monitor, and or control Mead, or to otherwise compel his proper attendance in a treatment program, and by the failure to . timely warn either the Department of Motor Vehicles, or the 'appropriate court of Mead' s failure to properly participate in a treatment program as described, the .Probation Department carelessly, negligently, and recklessly breached the mandatory duties imposed upon the Department .by the statutes, rules, regulations, policies and procedures promulgated enacted, adopted, or otherwise put in effect to implement the probation programs under which Mead was placed. The mandatory duties upon the Probation Department relating to monitoring, supervising, controlling and/or managing persons in treatment programs, and in monitoring, supervising, controlling, and/ or managing the programs themselves, and in keeping appropriate records of attendance, and in notifying or warning or both, of the Department of Motor Vehicles and/or the .appropriate court are duties which run to Cynthia Ann Johnson, and to Richard and Betty Johnson, parents of the deceased minor child. Cynthia Ann Johnson, and her parents Richard and Betty Johnson are members of the class of people contemplated by the Legislature and its agents promulgating regulations pursuant to legislation and legis- lative enabling statutes to be protected by these enactments, rules, regulations, statutes and guidelines, and. the same were adopted or enacted for their benefit. 115 Page 4 of Attachment (1) of the claim form continued: Y By negligently, carelessly, and recklessly failing to discharge these duties, the Probation Department breached those duties of care owed to Cynthia Ann, Richard and Betty Johnson. The aforesaid breach or breaches of the duties owed to the claimants vr--s a proximate cause of Cynthia Ann Johnson' s death in that said breaches resulted in Douglas Gregory Mead's drunk driving on the date of Cynthia Ann Johnson's death, and the aforementioned breaches resulted in the Department of Motor Vehicles' licensing of Mead on 2/8/83 which would not otherwise have occurred if -records had been kept, and the DMV had been notified, .and/or hack. the court been .notified, that Mead failed to properly participate in a treatment program. Claimants have suffered damages because of the acts described in the amount set forth above and below. Under the circumstances, the California Government Code at Section 815.6 imposes liability upon the Probation Department for the injuries cause to the claimants herein. Further, California case law holds that the immunities which might otherwise be availed of by the Probation Department are inapplicable because mandatory duties were breached. As and for a separate claim against the Probation Department, claimants hereby incorporate all of the previous material set forth in this part 4 of this claim form and allege that the Probation Department owed a duty of care to Cynthia Ann, and her parents Richard and Betty Johnson to prevent Douglas Gregory Mead from driving in the psychotic, drugged and drunk condition in which he was driving on September 14, 1983, which resulted in 116 Page 5 of Attachment (1) of the claim form continued: Cyr:thib Ann's death on that date. The Probation Department had assumed a special rela- tionship with Douglas Gregory Mead. Under California law, this special relationship, when coupled with knowledge of facts as described below, is sufficient to support a duty to Cynthia Ann, and Richard and Betty Johnson. The Probation Department employees knew, or should have known the following facts: 1. That Mead was continuing to drink and take drugs, including prescribed drugs for the regulation of his mental condition; 2. That Mead was failing to take the prescribed drugs issued to him in a regular fashion, so that his mental conditions was not being regulated to the point where he could drive an automobile,• 3. That Mead had been issued a driver's license on or about February 8, 1983; 4 . That Mead had purchased an automobile (which he never registered) in or about late January 1983; 5. That Mead was unfit to drive becuase psychologically unfit and because he was under the influence of alcohol or drugs, or a combination thereof, and Mead presented a clear and present danger to the public of which the Johnsons are members. The Probation Department had a duty to warn the Department of Motor Vehicles, or the police, or the appropriate court so that. the driver's license to Mead could be revoked, the Department breached that duty of care it owed to Cynthia Ann, Richard and Betty Johnson. Since the Probation Department employees were in frequent contact with both Mead, and his therapists at the Crossroads Mental Health Facility, they were negligent, careless and reckless in failing to warn, or timely notify the D..MV, or the police, or the court of the ;. 117 Page 6 of Attachment (1) continued: toe foregoing facts. Although Probation revocation proceedings against Mead were commenced in or about July, 1983, this delayed notification ultimately caused the court in which said proceedings were held to lose jurisdiction over the revocation of probation, thereby allowing Mead to retain his driver's license at that time. (See Exhibit "B") Probation revocation proceedings should have been begun long before when the cause for said revocation was known, or by the exercise of reasonable care, should have been known. By failing to warn the appropriate authorities of the facts cited above, the Probation Department acted negligently, carelessly and with reckless disregard for the risk presented to the public by Douglas Gregory Mead's continued driving under the conditions stated above. Cynthia Ann Johnson and her parents Richard and Betty . Johnson were foreseeable victims of said negligent, careless and reckless acts, and in fact became victims thereof. These acts proximately caused Douglas Gregory Mead' s drunk and drugged driving and Cynthia Ann Johnson's death. Claimants have suffered and continue to suffer damages on account of these acts, in an amount set forth herein. The public entity is'-liable for the acts and ommissions of its employees which as described above, have been committed within the scope of their employment. There is-no immunity under the California Government Cod.g,... for the acts and ommissions described under authority of Tarasoff v. Regents of California, (1976) 17 Cal. 3d 425, and cases cited therein. ' Attachment (2) of claim form., pertaining to section 7 of the claim form. Blood Bank $75. 00 Publication, of Notice of Death Medical treatment rendered to decedent $169.00 Date of bill: 9/21/83 $898. 74 Ambulance service and Paramedic services Date of bill: 9/21/83 $350.00 Florists bills $88. 50 Cemetary $700.76 Funeral Home (Concord, Ca. ) $1,020.00 Funeral Home (Seattle, Wash. ) $556. 70 Air transportation to Washington $4(0. 00 Filing Probate $95.00 Copies of Police report, dockets, etc. $63. 74 Certified letters from probate $8. 75 Loss vacation days (Richard Johnson) $1, 210 .40 Attorneys retainer fee $4 ,500.00 Loss of life, loss of love, loss of companionship, loss of society, mental stress, anguish, pain and suffering (Fichard & Betty Johnson) $5, 000,000.00 Loss of life, pain and suffering, loss of future, loss of future wages, anguish, mental stress, injury and disfigurement (Cynthia Ann Johnson) $5,000 ,000.00 Total damages claimed to date $10,008, 4,95. 83 Attachment 2 119 BLOOD FANK of the ALAMEDA - CONTRA COSTA MEDICAL ASSOCIATION OAKLANI9 CALIFORNIA 94618 6220 Cic:rem'ont Avenue P.O. Box 2895 (415) 654-2924 SEF 309 1983 STATEMENT JOHNSONP CYNTHIA P2-31940 1939 SAN VINCENTE ISR CONCORDY CA 94519 MTM ------------------------------------------------------------------------------ Pate Description Reference Units Amount ------------------------------------------------------------------------------ Current Usage and Payments : 4-Ser-83 403 . 1 REIt BLOOD CELLS - STOCK - REG LB21660 25.00 4-Sep-83 401 . 1 PROCESSING FEE - REPLACEABLE LE21660 25 .00 .4-Sep-83 401 .2 PROCESSING FEE - NON REPL LB21660 25.00 Ending balance - PAY THIS AMOUNT: 75 .00 120 Ma.,i',9fineZ- l�ews-Gazeffe N° - " 6401 CONTRA COSTA COUNTT ! PAN t T M t W S P A P(N MARTINEZ.CALIFORNIA P.0.BOX 151 615 ESTUOILLO STREET PHONE 14151 228-6400 14nda G.Ilpecomb DATE 17./4/83 Attorney at Iaw OUR ORDER NO. 6401 Alcoa Bldg. One Martime Plaza, Suite 1250 San Pranciscol CA. 94111 you" ORDER No. 61736 DATE ORDERED DESCRIPTION AMOUNT Published: Oct. 26; Nov.19491983 10/20/83 Notice of Death of- CYNTHIA ANN JORNSON,a minor and of Petition To Administer Estate 14 sgs.0 $4.00 per sq, per insertions (3) $168.00 Affidavit Fee 1.00 $169.00 PLE&SE RETURN ONE COPY OF INVOICE WITH YOUR RMITTANCE. THANK YOU. 1% PER MONTH INTEREST CHARGED ON OVERDUE ACCOUNTS �Z1� Aecsc 1 as W p'p' ��4� 049110 s O o , o ♦ • . *nQ aauelee /ROA VNVHJ smynocr W.0 NI 03AI3331! 61 9 31V0 VIS" e!uwople:)'pj00u0:) 1"JIS op"69 sect L 0 S T p IUNMD 1VH3Nnj 3uoow v avAuB r MOUNTAIN VIEW CEMETERY Auburn, Wash. 98002 DATE 19 . -3 7294 PURCHASER Q H" - 40 A ADDRESS I S&A9AJ �M �Pr A Co�coP. q' — ` LOV BIK. 3 ADD 107-61.1--ADD, AMOUNT CASH CHARGED RECEIVED GRAVE SPACE d l ENDOWED CARE OPENING d CLOSING OVERTIME SETTING, MARKERS.ETC. 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'.t-�.4J•.�R..i•tcMAo -_.r."...r klk. 125.. - . . :i:►!r ..N! '•+' :N:.. i.i j ;�:; •t..•H.•!k1 e.: .i: .•11•. :Ir .r1::... •'tlN r•. 1 ;'�'.•r�O��CbF�A��i••Jfd'K`J: .R•'4'i�•'-�. � � f�<'y:. .... EXHIBIT A 126 POLICE DEPARTMENTNOW ` . . '' v CONCORD. CALIFORNIA 94519 ' OFFENSE REPORT '-' XXX ' MF##' ICR# 16055=83 tLAffl►KATION DATE AND TIME RE►ORTEO A/Ped 23153a, 20 '001 vc 192 .3 P . . 9-14-83 1512 y �. ,� y ;> > ......blur-� .alts �1► OCtu RRED: DATES TIMEs DAT OF MEEK LOCATION OCCURRED 9-14 ,,.,, „., 15Ia.. .,.., Wed 4 ., Willow ass Rd at San Vincente ,o,I %TOLEN 1:RRCOVK RED r. f R ROVTING: OFF ID e a<: [ ] DETECTIVE [ ) SPECIAL INVESTIGATIONS t N/A caws N/A eT-111 cM ;w4@;,;,.:: M> I I JUVENILE (>V TRAFFIC ( j OTMER AGENCY ter-tor WEATHER LIGHTING BLDG/AREA ENTRY METHOD THRU WINDOW DOOR EVIDENCE TOOLS USED WEAPONS (Mark 1-3) 0-Unk 0-Unk 1 -S/F Res 0-Unk 0-Unk 0-Unk 0-N/A 0-N/A 1 -None 0-Unk 0-Unk 1 -Rain 1 -Day 2-Apt/Mutt 1 -Front 1 -Picked 1 -Window 1 -Louvered t -Sliding Glass 2-Prints 1 -None 1 •None 2-Fog 2•Dusk 3-School 2-Back 2-Forced 2-Door 2-Alum Slid 2-Solid 3-Photos 2-Channelocks 2-Knife M 3-Clear 3-Dark 4-Church 3-Side 3-Normal 3-Airvent 3-Wood Sash 3-Hollow 4-Diagram 3-Pry Toot 3-Gun 4-Down 5-Warehouse 4-Roof 4-Window 4-Wall 4-Crank 4-Dutch 5-Trace Evict 4-Pick 9- 0 6-Construction 5-Garage Smash 9- 5-Stationary 5-Window 6-Impressions 5-Rock,Brick, 7-Shop Center 5-Kicked 6-Windwing 6-Doggie Door 7-Standards etc. 8.Other Comm in Door 9- 7-Veh Door 9- 6-Wire 9- 6-Slipped 8-Veh Trunk 9- Lock 9- M-M-M-1 115 1316 1117 17_M_7 If the answer to any of the following questions is yes,explain in narrative and mark Ix)in the box. M I. Was aAst made? ( 1 5. Can a suspect be described? [ I 9. Does stolen property have known ID marks? [ I C 2. Was 06re a witness to crime? [ I 6. Can a suspect be identified? [ I 10. Is there s significant MO present? ( 1 3. Can a suspect be named? [ 1 7. Can a suspect vehicle be identified? ( J 11. Was physical evidence collected? i 1 4. Can a suspect be located? [ I S. Was there bodily injury involved? ( j 12. In your opinion can this can be solved? [ ) SYNOPSIS: 1, Involved persons 2. Property 3. Vehicles 4. Evidence 5. Investigation S. Disposition) 1. C) See original report V) JOHNSON, Cynthia wfj 11-27-73 1939 San Vincente Dr 827-9719 m) Betty f) Richard Sj ) Hellerstein, D. Dr. Mt. Diablo Hospital Medical Center Concord 682-8200 S) ?LEAD, Douglas Gregory wma 1-25-53 C.P.D. FP# 22737 see arrest report for additional 2. NA . 3. See original report 4. 1 received the following items from Dr. Hellerstein at the Mt . Diablo Hospital Emergency room, after they were removed from the victim Johnson: i. One pair of maroon girls alacki r/ matching thin velvet belt. pants are soaked with blood. 2. One zed/white/blue/yellow plaid :blouse, large portion of which is stained with blood. One pair of white girls paatifss`' 4. Two light blue socks . S. One "Tiffs" brand blue and white running style athletic shoe. a►21. #f_.the above items were sash„ Emgged and hung to dry in the . ciilgord, Fon;i Department Identifteati" office. ' 5. I drove" to the area of Willowpas"s td at San Vincente Dr. in response to �a report -of a hit and run accident having just occurred. with the victim believed to be a juvenile pedestrian. As I neared the scene I was advised that the suspect vehicle had fled REPORTING orrICER aIEAT DATE AND TIME REPORT WRITTEN 11111101INVISON APPROVING ITYPISM JDATIR AND TIME REPORT WRITTEN Jennings 110 19-16-83 1900 127 PAGE' 2 CR 16055-83 east on Willowpass Rd to one of the next two cross streets and turned right , this placing it southbound on either Ashdale Dr. or Landana Dr . I headed into that area at that time attempting to coordinate an area search for the vehicle . After one to two minutes C .P.D. dispatch advised by radio that a car similar to the suspect vehicle may be at the corner of Ashdale Dr and Carlon Dr. I drove to that location arriving and finding that Officer Hayes had already arrived and had a wma approx 6' with blond hair in custody, the suspe t vehicle parked in the driveway of the residence at 1947 Carlotta Dr . I requested that Ofe Weston respond to the location and stand by with th suspect vehicle and secure that scene until an evidence technician and investigator could arrive . I returned to the scene of the accident in time to find Regional Ambulan e personnel loading the victim into an ambulance . I was told that the victims mother may be at the corner of San Vincente Dr and Willowpass Rd , and that she might need a ride to the hospital . I contacted a group of people at the northwest corner of Willowpass and San Vincente , asking if anyone there knew the parents of the victim, since a number of people on the corner seemed to know who the victim was . A blond wfa with glasses came forward and said she was Betty Johnson , mother of the victim. I instructed Mrs . Johnson to take her vehicle home and wait there for an officer to respond and take her to the hospital , feeling that she was too upset to drive . I returned to the scene - to insure that the initial report was being handled by Ofc . Mena, that the evidence technician had taken charge of the scene examination and that witnesses would be interviewed . I returned to 1939 San Vincente Dr. picking up Mrs . Johnson and her daughter Shawn, learning that Shawn had seen her sister ( the victim) Cynthia lying in the street after the accident , and that this was the basis of the identification of the victim at this point. I arrived at Mt. Diablo Emergency at approx 1535 hours , and stood by while the staff continued to treat the victim. At 1553 hours Dr. Hellerstein pronounced the victim dead . This information was then relayed to the officers at the scene and the Coroner's Office of Contra Costa County was notified . Coroner' s Deputy. Campbell stated he would be responding to the hospital to take charge of the victim, see Coroner's Case 83-732 . At 1602 Hours I reci6ved the clothing listed in paragraph 4 from Dr . Hellerstein, all of the items having been removed from the victim during treatment. At approx. 1700 hours Mrs. Johnson and her husband Richard Johnson views the body of the victim, identifying her as their daughter Cynthia Johnson. 6. Case pending, refer to original report for farther information. Record property M psrpreph two in the folk&**order: bWkate stolen,recovered, loft or found;then list article, brand,cola,descriptio serial number or driver's lkc n number end value. 128 8 • CONCORD POLICE DEPARTMENT ORIa. Supp. TRAFFIC COLLISION REPORT 1 2 IMF#� . CR#� 16055-83 lSlPIC ATION DATE AND TIME REPORTED 23153a CVC, 20001 VC, 192.3 PC 09/14/83 1512 OCCURRED: DATES TIMES DAY OPNK SPECIAL VEHICLES TYPE OF ACCIDENT )llR>f 09/14/83 1512 Wed 4 `STY PLIC■ fYtl`IY ALL .IM, -,-ATLN.L .. 1 2 3 � 3 , 5 OCCURRED ON: PRIMARY STREET SPEED AT OR NEAR: SECONDARY STREET tIPEEo Willow Pass Road LIMIT 35 San Vincente Dr. MIT25 oFP to . 128 INVOLVED PERSONS: (V) JOHNSON, Cynthia Ann WFJ 11/27/73 1939 San Vincente Dr. Concord, 827-9719 M: Betty F: Richard Ex ired 09/14/83 at 1553 hours at Mt Diablo Hospital (S) MEAD Douglas Gregory WMA 01/25/53 1947 Carlotta Dr. Concord 682-6535 Description: 6-0 170 bin blu Clothing worn: Blue lonit sleeve "V" neck sweater. brown cord Rants and black suede shoes. CA DL# A0531529 CII# 4997942 FBI# 10180N1 CPD FP# 22737 Charge: 23153a VC, 20001 VC, 122.3 PCF. (SJ-1) HFAn HarbAm WMA 12121129 Cnnrnrd- Father d REPORTING O►/,CER ft MAT GATE AMD TIME StEPORT WRITTEN aYPERVgOR AP►RSWINa FIST DATE ANO TIME REPORT TYPED J STNRET. #179 'h 129 PAGE T'�0 FCR# 16055J83 (SJ-2) STEWART, Jo Ann Ester WFA 01/23/35 1938 San Vincente Dr. Concord, 682-0846 DBA: Unemployed (SJ-3) HELLERSTEIN, Dr. Mt. Diablo Hospital Emergency Room (Pronounced death of V) (SJ-4) BILLO, William WMA ! DBA: Nurse - Mt. Diablo Hosptial Emergency Room (Took blood samples from S) i (SJ-5) GRAHAM, Roy W. WMA _ DBA: Mechanic for City of Concord i (Did S vehicle inspection) i (SJ-6) KROEGER Cliff WMA DBA: Traffic Investigator for the California Highway Patrol Concord - 8 J (W-1) JONES J effrey Charles WMA 06/03156 t 1874 Carlotta Dr. ' Concord, 825-2751 , message phone #935-0722 (Driver of witness vehicle, that,pursued S Mead_ (W-2) LEIN Cynthia Maria WFA 05/10/63 1874 Carlotta Dr. cord. R25-2751 DRA& 91 �� 1 REPORTING OFFICER BEAT DATE AND TIME REPORT WRITTEN 1�.PERVIS A,PROVING TYPISTDATE AND T ME REPORT WRITTEN Record property in paragraph two in the following order: indicate stolen, recovered, lost or found;then list article, brand, color, description .erial number of driver's license.number and value. 130 AGE THREE q 16055-83 (W-3) BLANKENSHIP, Barbara J. WFA 09/18/37 850 Clarewood Ct. Concord, 798-1915 DBA: Principal - Monte Gardens Elementary School, Concord, 685-3834 (W-4) KAAR, James S. WMA 1198 Quail Ct. Concord, 686-0367 DBA: Principal - E1 Monte School, Concord, 685-3113 (Stopped for V to allow her to cross crosswalk) (W-5) WOLF, Wayne William WMA 10/14/66 3754 Walnut Av. Concord, 827-5537 DBA: 687-0363 S: Olympia High School (Standing in parking lot of Rico's Pizza) (W-6) SMITH, Edward Anthony WMA 09/02/67 3812 Willow Pass Rd. #D Concord, 689-0233 DBA: 687-0363 (Standing in Parking lot with W Wolf) (W-7) REISWIG, Cindy Diane WFA 04/06/58 1261 Center Av. Martinez, 228-1285 DBA: Rico's Pizza - daytime manager Concord, 680-7400 (Standing outside in parking lot with Ws Wmith and Wolf) (W-8) TOLSON, Faithe NMN WFA 11/25/58 2555 Olivera Rd. Concord, 685-4518 DBA: Unemployed (Standing in area near the phone booth facing Willow Pass Rd.) (W-9) FRYER, Joanne Gayle WFA 06/06/42 3920 Beechwood Dr. Concord, 686-2666 DBA: 825-7211 (Observed S drive into his driveway and begin washing his car) (W-10) KUNTZE, Edward John VMA 01/29/59 3683 Willow Pass Rd., Apt. #7 Concord, 660-1865 or 1193 Haven Ct. Concord, N/P DBA: Unemployed (Standing in the parking lot of apartment buildings at 3683 Willow Pass Rd.) (1i-11)V DUQUETTE, Dina Antoinette '43J17/52 1070 San Miguel Rd., Apt.# 3-8 Concord, 687-6090 DBA: Anna's 1/3 lb. Hamburgers 2505 Monument Bl Concord, 680-9604 (Waitress who served 8 Mead on the day of the collision) Its= property in peragraO two In the following order: Indicate stolen,recovered, lest or found:dwn list article, brand, color,descriptio► serial number or driver's license number and value. AGE FOUR ICR 16055-83 (W-12) DORIA, Leo D. WMA 01/09/22 147 Lorenzo Dr. Pleasant Hill, '682-7371 DBA: Anna's 1/3 lb. Hamburger 2505 Monument B1. Concord, 680-9604 (Cook on the day that S was in the restaurant) (SJ-7) OFFICER JOHN D. SINSEL TRAFFIC INVESTIGATOR CONCORD POLICE DEPARTMENT, 671-3262 Follow-up Investigator (SJ-8) OFFICER GREG MENA, #236 CONCORD POLICE DEPARTMENT, 671-3226 (Wrote the original report) (SJ-9) OFFICER JOHN HAYES, #151 CONCORD POLICE DEPARTMENT, 671-3226 (Arrested S Mead) (SJ-10) OFFICER DOUG MOORE, #238 CONCORD POLICE DEPARTMENT, 671-3226 (Contacted We at scene of the collision) (SJ-11) DRTECTIVE BERT BYERS, 173 CONCORD POLICE DEPARTMENT, 671-3030 (Made contact with Ss father and remained at the arrest location) (SJ-12) ID. TECHNICIAN OFFICER MANGRAI, SAO, #958 CONCORD POLICE DEPARTMENT (SJ-13) ID. TECHNICIAN OFFICER TOM MURRAY, 119 CONCORD POLICE DEPARTMENT, 671-3207 Record property in paragraph two in the following order: indicts stolen,racorm lost or found;than list article,brand,color,descriptior serial number or driver's license number and value. ) CM.Mr w�•N y CORONER'S FINDINGS IN THE MATTER OF THE CORONER'S FINDINGS ON THE BODY OF CYNTHIA ANN JOHNSON Deceased . I, Richard K. Rainey,Sheriff-Coroner of Contra Costa County, certify: That on this date at Contra Costa County, State of California an investigation was made into the death of the above named person; that inquiry was made into the circumstances attending said death, and in what manner, where and when said death occurred; and that findings of said investigation are : Name of Deceased Cynthia Ann Johnson Sex FemaleAge 9 Race Caucasian Nativity California Date of Death September 14, 1983 Time of death 1553 hours Place of Death Mt. Diablo Hospital , Concord, California Medical Cause of Death TRAUMATIC HEAD INJURIES DUE TO MOTOR VEHICLE ACCIDENT w Death was caused by Homicide Medical Examination by Louis E, Daugherty, M,D. Identification by Richard Betty Johnson — Parents DATEDTQ'.�o ' X9 Richard K. Rainey, Sheriff-Coroner Contra Costa County By Sg , R. Terry DEPUTY (Govt . C. §27491 . 5) CDR - W 133 • CR 83-732 OFFICE OF COR014ER OF CONTRA COSTA COUI4TY RICHARD K. RAINEY, SHERIFF-CORONER NAME: JOHNSON, Cynthia REPORT OF AUTOPSY . POST MORTEM AT: Central Morgue DATE: 9/15/83 TIME: 1015 hours PLACE OF DEATH: Mt. Diablo Hospital DATE: 9/14/83 TIME: 1553 hours AGE: 9 SEX: Female COLOR: • White HEIGHT: 52" WEIGHT: The body is that of a well developed, well nourished, White child, female, appearing approximately the stated age. Rigor mgrtis is present. There is some lividity over the dependent portions. The head is basically normo- cephalic. The hair is blonde and of normal female distribution. Some matted blood material is noted on the right hair surface. There is crusted blood present in both external meatae. The eyeballs have been removed as per postmortem donor. An irregular area of abrasion is noted on the right upper cheek which conglomerates to about 4 cm in diameter en toto. The right forehead shows recent bruise markings which conglomerate en toto to about 3 cm in diameter. The right lateral epicanthal fold shows a very recent bruise marking which measures .3 cm in diameter. The right cheek area shows an area of well demarcated compression and skin dehydration with no visible underlying hemorrhage which measures about 2.5 x 2 cm in size. The nose extrudes some hemorrhagic fluid from the right nares. The mouth extrudes a slight amount of hemorrhagic fluid. The teeth are natural , in a good state of repair. There is a small , faint, bruise marking in the right upper lip which measures about .5 x .2 cm in size. The neck shows no evidence of hypermobility or grating. The right uppermost shoulder shows a recent abrasion which shows minimal underlying hemorrhage and which measures about 4 cm in" diameter. The chest, shows no scars or lesions except as noted above. The abdomen"-reveals a conglomerate of recent bruising and abrasion in the right anterior upper hip area which conglomerates en toto to about 5 cm in diameter. The periumbilical .abdominal region shows a conglomerate of recent abrasions which measure about 5 cm in diameter. There are apparent recent medical needle puncture marks noted in the right inguinal area. The external geni- talia are normal infantile female. The perineal region appears intact. The upper and lower extremities show no evidence of hypermobility or. grating. The right lateral upper hip reveals a recent bruise marking which measures about 2 cm in diameter. The right anterior knee shows a recent abrasion which measures 2 cm in diameter. Multiple small , irregular bruises are noted along the right medial upper and lower leg, each of which show -very minimal underlying hemorrhage, each of which measure 1 cm in diameter or less. There is a recent bruise marking on the right medial foot which measures 5 x 2 cm in size and shows minimal underlying hemorrhage. The right posterior knee shows an area of recent abrasion which has minimal underlying hemorrhage and which measures 3.5 cm in diameter. There is a medical intravenous cath- eter in place in the left medial ankle. An area of recent abrasion is noted in the left lateral malleolus which measures 1 .5 cm in diameter. Irregular scraping, superficial abrasion is noted in the left lateral mid calf which measures 4 x 1 cm in size. Just above this are noted multiple small areas of bruising showing very minimal underlying hemorrhage, which conglomerate en toto JOHNSON, Cynthia - 2 - CR 83-732 to 3 cm in diameter. There is an area of scratch abrasion which is basically longidutinally-directed in the area of the left knee and lower thigh medially. The central region of this is located approximately 40 cm above the level of the heels. This area of abrasion measures 18 cm in length by 6.5 cm in width. The anterior medial surface of this shows-.a region of bruising show slight underlying hemorrhage which measures en toto about 4 x 2 cm in size. The left posterior lower thigh and knee shows an area of basically similar recent scratch abrasion, again with the scratches directed longitudinally. Minimal underlying hemorrhage is seen. This abrasion measures 6 x 19 cm in size and the mid portion is located .approximdtely 39 cm above the level of the heels. The upper and lower extremities show no evidence of hypermobility or grating. There are apparent recent medical needle puncture marks noted in both antecu- bital fossae. A recent abrasion is noted on the right dorsal hand which measures about 3 x 1 cm in size. Two abrasions are noted in the right elbow area, one measuring about .3 cm in diameter and the other about 6 cm in diameter. This latter shows a superficial laceration within it extending downwardly to the underlying superficial fat. This laceration measures about .3 x .5 cm in size. The right medial basal thumb shows an area of recent abrasion which measures 1 cm in diameter._ The right palm shows a total of three recent abrasions, each of which measure about .5 cm in diameter. The dorsum of the left hand shows a conglomerate of recent abrasions which measure en toto about 4 cm in diameter. The left elbow shows three recent abrasions, each of which measure about 1 .2 cm in diameter. The left posterior lower upper arm shows a longi- tudinally directed, scratch-type abrasion which appears recent and measures 6 x 3 cm in size. The left posterior axillary arm and back areas shows a con- glomerate of recent abrasions which show very minimal underlying hemorrhage and which accumulate en toto to approximately 9 cm in diameter. The left buttocks shows four small , faint, recent, bruise markings, each measuring about .6 cm in size and each showing minimal underlying hemorrhage. INTERNAL EXAMINATION The pleural , pericardial and peritoneal surfaces are lined by smooth, glistening membranes. The organs are in their approximate normal positions. The left peritoneal covering of the psoas muscle shows .focal recent hemorrhage which measures about 2 cm in diameter, but the adjacent psoas muscle appears unre- markable. - The right posterior pelvic brim peritoneal covering shows focal hemorrhage measuring 1 .5 cm in diameter. The diaphragm leafs appear unremarkable. The inner rib cage appears unremarkable and intact. There is no evidence of hypermobility or grating. There are no abnormal accumulations. of fluid within the body cavities. The sternum appears unremarkable. POSTERIOR MEDIASTINUM: Very minimal focal hemorrhage is noted in the super- ficial soft tissue and pleural covering of the left side of the posterior mediastinum, accumulating en toto to about 3 cm in diameter. The major struc- tures in this area appear otherwise unremarkable with intact thoracic vertebral bodies as well . 135 JOHNSON, Cynthia - 3 - CR 83-732 SYSTEMS REV I E14 A. CARDIOVASCULAR SYSTEM: The heart weighs 120 gms. The epicardial surface is intact. The coronary arteries follow a normal anatomic course and reveal widely patent lumens which appear unremarkable. The myocardium and endo- cardial surface of both ventricles is unremarkable and firm, brov+n and homogeneous myocardium is '-seen everywhere. The valves and atria appear unremarkable. The coronary ostia are unremarkable and the inferior and superior vena cavae and aorta appear unremarkable. B. RESPIRATORY SYSTEM: Both lungs are well expanded with intact pleural surfaces. The left lung weighs 100 and the right lung 180 gms. Irregular, blotchy congestion is noted in the posterior portions of both lungs. There are about 7 petechial hemorrhages noted in the posterior right lower lower lobe. A single contusive hemorrhage is noted in the tip of the right lower lobe which measures about 2 cm in diameter. Very minimal hilar hemorrhage is noted on the right. Both lungs are generally otherwise soft, pink and sponge-like. There are mild amounts of pinkish frothy fluid extruded from the congested or contused area, as noted above. The blood vessels show no evidence of embolization or occlusion and the parenchyma shows no areas of infarction. The trachea and bronchi show non-occlusive mucoid material within. C. HEPATOBILIARY SYSTEM: The liver is of normal size and shape. The anterior edge is sharp. Cut sections reveal a normal internal architecture, coloration and consistency throughout. The extra hepatic bile ducts and gallbladder are unremarkable. The gallbladder contains about 15 cc's of greenish- yellow fluid with no recognizable stones. D. RETICULOENDOTHELIAL SYSTEM: The periaortic lymph nodes show minimal hemorrhage around them, but otherwise appear unremarkable. The spleen is of normal size and shape. There is a y-shaped, very superficial , capsular laceration noted in the left lateral upper region which measures about 4 cm in length by up to .4 cm in width by .3 cm in depth. There is about 5 cc's of clotted hemorrhagic fluid ina»ediately adjacent and adherent to this, in the capsular and subcapsular region. The spleen otherwise appears unremarkable, both on the surface as well as within. E. ENDOCRINE SYSTEM & RETROPERITONEUM: The middle and distal thirds ofthe pancreas posteriorly, as well as the area around the left adrenal gland show focal hemorrhage which appears recent. The hemorrhage extends downwardly to the level of the medial portion of the kidney, and focally surrounds the aorta. 136 JOHNSON, Cynthia - 4 - CR 83-732 However, the major structures in this area otherwise appear unremarkable. The right adrenal gland appears unremarkable. F. URINARY SYSTEM: Focal hemorrhage 'is noted on the medial surface of the left renal capsule, as noted above. Both kidneys are otherwise of normal size and shape with intact capsules and smooth outer surfaces. The cor- tex bilaterally measures about .4 cm in thickness. The pelves and ureters course normally and patently to the bladder which contains no discernible urine. G. INTERNAL GENITALIA: Normal infantile female. H. GASTROINTESTINAL TRACT: The stomach .is thin-walled and contains about 400 cc's of partially digested food. The wall and mucosal surface appear intact. The esophagus and small and large intestines everywhere appear intact, except for focal hemorrhage noted on the serosal surface and medial mesenteric surface of the left distal colon, at the pelvic brim. I . CENTRAL NERVOUS SYSTE14: The scalp is reflected and recent hemorrhage is noted in the right frontal , the right and left occipital and extensively in the left temporal region. The cranium is removed and the dura is stripped. The dural membrane appears intact. There is about 50 cc's of liquid , subdural hemorrhage noted in the posterior fossa. The brain itself �► weighs 1190 gms. There is slight widening of the gyri and narrowing of the sulci . Subarachnoid hemorrhage is noted in the left frontal , both medial parietal and both inferior temporal regions. Addition- ally, there is laceration and disruption noted in the right inferior and lateral posterior temporal area. The vessels at the base of the brain appear intact, but there is very minimal subarachnoid hemorrhage noted about them. Sectioning of the brain reveals hemorrhagic fluid within the ventricular system. Many- prominent vessels are seen in the white matter and the left temporal region is seen to extend in- wardly for a distance of about l cm, showing very minimal associated hemorrhage. The internal architecture of the brain otherwise appears unrei,,arkable. The forarien magnum appears intact. Examination of the skullbones reveals a basically transversely-directed, basilar skull fracture involving the posterior sella turcica region, extend- ing posteriorly laterally and upwardly, involving the basilar tem- poral mastcid regions bilaterally and extending upwardly to inv.olve the left temporal parietal occipital bone, and extending on the right to involve the right basilar occipital region. This fracture line measures en toto about 30 cm in length. No other skull fractures are seen. Bilateral mastoid hemorrhage is noted. 137 JOHNSON, Cynthia - 5 - CR 83-132 J. NECK: The skin of the neck is reflected abd there is no evidence of subcu- taneous hemorrhage or trauma. The neck shows no evidence •of hyper- mobility or grating. The periosteum and perispinus muscles appear intact. The carotid sheaths and their contents are bilaterally unremarkable and intact. The posterior tongue appears unremarkable. The thyroid gland appears unremarkable. The oropharynx and esophagus appear unreriarkable. The lumep of the larynx and upper trachea shows accumulations of frothy hemorrhagic fluid. The mucosal surface appears intact. The hyoid bone and thyroid cartilage appear unremarkable for a child of this age with no recognizable fractures or hemorrhage seen. AUTOPSY FINDINGS: 1 . Multiple traumatic injuries with: a. multiple bruises, abrasions, lacerations b. extensive scalp hemorrhage c. extensive skull fracture d. subdural and subarachnoid hemorrhage e. hemorrhage and disruption of the brain f. focal contusion and hemorrhage of posterior mediastinum and retroperitoneur; g. laceration of the spleen h. contusion of the intestines. SPECIMENS TO TOXICOLOGY: done. (Blood saved as needed) . Routine tissues saved for microscopic examination as needed. CAUSE OF DEATH: Traumatic head injuries. PRESENT: Officers Silvia. Agresta , A. Murray, Concord Police Department, Deputy D.A. Bob Hole, Pathologist's Assistant Glenn Wald. LL LED/dv Louis E. ughefly, M. . TR 9-15-83 Forensic Pathologist 138 CONTnA COSTA COUNTv OFFICE OF SHERIFF-CORONER sir • SUPPLEMENTAL OR CONTINUATION REPORT • �ASSI C N DATE OF ORIGINAL REPORT CASE FILE • 14 SEPT 83 83-732 NAME OF D CEA D PLACE Oi DEATH DATE OF SUP►TM ynth�a JOHNSON MT DIABLO HOSPITAL CONCORD CALIF t MT 83 WITNESSES: (NAME. ADDRESS. RESIDENCE AND GUSINESS TELEPHONE) 2. 3. e. s. THIS REPORT CONCERNS .THE DEATH OF A NINE YEAR OLD FEMALE WHO WAS STRUCK BY A VEHICLE, TRANSPORTED TO THE HOSPITAL VIA AMBULANCE AND DIED IN ER. At approx. 1609 hrs this date I received a call from J GREENE(ER Nurse @ Mt Dia. Hospital ) ' She told me the following: The D was hit by an auto and thrown approx 100 ft. The D was transported to the hospital via ambulance (Regional 45) arrived at approx. 1505 hrs. The D was pronounced by Dr. HELLERSTEIN at approx. 1553 hrs. At- approx. 1645 hrs I spoke with the investigating Officer, Officer SINSEL. He told me the following: The D was crossing the street in the cross walk, apparently the the driver of the motor vehicle did not see the D. The vehicle struck the D and did not stop. No further info. At approx. 1700 hrs Deputy S. YOUNG made the removal of the D from the Hospital . ti 9-1L-83 ® 1915hr. A Caroline Reay of the Northern California Transplant Bank made removal of the D's eyes, The D's father had signed a Contributicn of Anatomical Gift form at the POD. The original is in D's file.' Dep. 15 SEPT 83 (brief Medical History) I spoke with the D father via phone this am and he told me the following: The D was physically normal . Her eye sight and hearing was normal . Approx. 3 mo ago she had a cold and was treated at the Naval Weapons Sta. (Father is a member of the USCG) DepJ A66BELL 139 R CONTRA COSTA COUNTY OFFICE OF SHERIFF —CORONER ,CASE NUM6[R 83-732 CLASSIFICATION AREA BEAT SHIFTDAY OAT[A TIME REPORTED: CORONERS REPORT . HOMICIDE ED 14 SEPT 83 1609 hr AME or DECEASED-FIRST NAME MIDDLE NAME LAST NAME: OAT[A HOUR OF DEATH: Cynthia Ann .. JOHNSON 14 SEPT 83 1553 hr KA tax RACEMT, fT. HAIR EYES BUILD DOB .AGE UNDER 1 TEAR UNDER 34 HOURS F CAU 52 in brn slim 11-27- 3 9y Mos. DAYS NOUNS MINUTES SOCIAL SECURITY NUMBER OTHER I.D. (MARK,-SCAMS-TATS-DRIVEN-LICENSE NUMBER.ETC.) REASON FOR BEINO CORONER CASE BIRTHPLACE ICITY J STATE): CITIZEN LAST OCCUPA N LAST EMPLOYER (MAYE•AOORfi,.TE E►NOM[: , San Diego CALIFORNIA I YES-1SES-1 STUDENT WREN AVE, SCHOQL. 3339 Wren Ave Concoi USUAL RESIDENCE(CITY-COUNTY-STAT[I: CITY LIMITS' 1939 SAN VINCENTE DR. CONCORD, CONTRA COSTA COUNTY CALIFORNIA YES PLACE OF DEATH IMAM; HOSPITAL OR INSTITUTION A ADDRESS•IF OTHER LOCATION GIVE ADDRESS) CITY LIMITS• MT DIABLO HOSPITAL, 2540 EAST ST CONCORD CALIF YES ,W"Cfor V1TmT11, IT hoc 'orJ'fit"bTI i�t`b"�'��S�if LDENC��b �� b': PERSON REPORTING DEATH INANE.ADDRESS,CITY,COUNTY,STATE-BUSINESS A RESIDENCE TELEPHOME 1: Joanne GREENE/ RN Nurse ER @ MT DIABLO HOSPITAL PLACE OF INJURY 1 ADDRESS OM DESCRIBE LOCATION I _ DISTANCE FROM RES.IYI'Es 1 DATE-TIME OF INJURY AT WORK .Willow Pass Rd. & San Vincente Dr. Concord approx 350 ft INJURY 14 SEPT 83 I lZ NO INFO TYPE OF PREMISES OR LOCATION: NOf INJURY OCCURRED: NA D (a pedestrian) hit by vehicle in cross w� MEGULAM PHYSICIAN(NAME-ADDRESS-TELEPHONE I: DATE LAST VISIT: MATURE OF ILLNESS: MEDICAL HISTORY TREATMENT A MEDICATION ILIST PRESCRIPTION NUMBERS I: MAME.ADORESS S TEL[PNOME OF NEXT OF KIM IN ORDER OF SURVIVAL: MELATION TO DECEASED: NEXT Richard• & Betty JOHNSON 1939 San Vincente Dr. Con Cord Ca. PARENTS OF U1 MIM NAME OFg6R'O 1rd I GgQTIdFj jTIDN CPD AGENCY Now VERBAL DA E TIME: 3 BODY MEMOVED TO: „ LL U11F 1i Ya&. R[OUCSTED BY/OMDERED BY: RELATIONSHIP: CENTRAL MORGUE G CAMPBELL/ S YOUNG Deputy [Cononers OECEASEO 10116 IED BY INAME.ADDR[SS1: RELATIONSHIP: LOCATION 14 JrPf TIME:83 nn �K MOTHER - PROPERTY AND CLOTHING INVENTORY BY: IMV ENTORY WITNL'SSED BY! OTHER INVESTIGATIVE AGENCY (NAME 1: ASSIGNED OFFICERS S NUMBERS: CASE FILE NUMBER: CONCORD POLICE,DEPT. Officer SINFEL 16055-83 NOUS[ ROOM VEHICLE CONDITION CORONERS SEAL NA VEHICLE IMAKE-MODEL-YEAR.LICENSE MUNGERI TOWED TO: ORDERED BY: . NA coil -. 140 CONCORD POLICE DEPARTMENT onto. SUPP. TRAFFIC COLLISION REPORT 1 x 2 CR* 16055-83 CL48SIFICATION DATE AND TIMI REPORTED 187 PC, 20001 , 23153b CVC 09/14/831 1512 OCCURRED: DATES TIMES DAY OF MK SPECIAL VEHICLES TYPE OF ACCIDENT 09/14/8 1512 Wed 4 ��r .off c. 3:a � •1«. •.wYL UL a" sig OCCURRED ON: PRIMARY STREET SPEED AT OR NEAR: 1116CONDARY STREET SPEED Willow Pass Road "3"� San Vincente Drive SHIT OFF ID • 38 (N) KUNKLEr Edward john b1ft 01 29f:59 3683 #7 Willow Pass Rd. Concord, 680-1865 Secondary address: 1193 Haven Ct. Concord, N/P DBA: Unemployed INVEbTIUATiON responded to the report of a major injury accident and hit and run, to provide assistance in Me investigation. and arrived at 1518 hours. When I arrived, Officer Mena, Officer Hayes and Consolidated Fire District were already on the scene. ConsoIldated r1re DIstrict injured party. I began a search for witnesses to the incident. I spoke with W Kuntze, who stated that he was standing in the parking lot of 3683 Willow Pass Rd. he was standing near Me lert rear quarter panel — of a car parked near the fence just outside of apartment V. where he was talking with a friend. While he was standingp He was racIng east. While he was talking with his Mend he heard the sound or scFeecKing tires. Simultaneous with the end of the sound of the screeching tires, he heard the sound of a Collision. Be described fFe-—9ound as a -crunch".- When erunc .When he heard these sounds, he turned his head towardthe sound and saw a 1972 Chevrolet Nova, white in color, with four doors, just leaving the crosswalk, across Willow Pass Rd. on the we3t3lde or the Intersection with San Vincente Dr. He stated that the rear bumper of the car was dust eav ng he crosswalk. e sa d the car was traveling In the #1 throughra c lane or winow Pass Rd. t entering the intersection of San Tinoente Dr. W Kuntze estimated the speed of the car - to be approximately thirty o y- five miles per hour 5): When be first saw the gar,-'.' he saw ayoung girl underneath the left side .of the oar. Be stated that ber body was bouncing between the Iert rront and left rear tires of the oar, bouncing off the ground. Thegirl's b then bounced out from underneath the oar and landed In the middle o e 1 came out from underneath the oar, W Kuntze saw the oar swery .to the right, halfway into the #2 traffic ane, an was straddling a an dividing line of d • stbound traffic lanes. At the same time the oar swerved W Kuntze saw its brake lights come on. a car appears RR►ORRUM MY3A DRAT OAT!APD T0M!S BV%�lITTRMrVISOO APPsww.O r GATE AND TMSR REPORT TrPRO J , Mww an .. *G v PkGETWG CR 16055-83 slow down to 20 to 25 miles per hour. The car was continuing eastbound in this fashion on Willow Pass Rd. Just as the car was slowing, W Kuntze saw the driver of the car turn his head to his left and look down at the girl. The driver then looked forwar and continued to drive away eastbound on Willow Pass Rd. When the driver turned his head back forward, W Kuntze saw the cars brake lights go out. He estimated the car's speed, as it fled, to be 25 m.p.h. W Kuntze watched the car as it drove away eastbound on Willow Pass Rd. He saw it turn right onto "one of those streets down there". He was pointing to Landana Dr. and Ashdale Dr. W Kuntze cound not provide a description of the driver, other than he was white .male with dark brown hair. W Kuntze would not be able to recognize the driver if he saw him again. W Kuntze provided a written statement as to what he saw. (Refer to his attached statement) . DISPOSITION Case pending. Refer to Traffic Bureau. D.B. MOORE #238 10-09/14/83: 1730 hrs. SGT. JENNINGS jh 09/14/83:2030 hrs 142 Record property in paragraph two in the following order: indicate stolen, recovered, lost or found;then list article, brand, color, description serial number or driver's license number and value. CONCORD POLICE DEPARTMENT Owls. SUPP. TRAFFIC COLLISION REPORT 1 IXX2 MF#r` [CR* 16055-83 CLA'SSIFICA:ION OAT[ AND TIM[REPORTED 7 '; 23153a VC, 20001 VC, A 187 PC 09/14/8 1512 =t - OCCURRED: DATE• TIMES DAY OI MK SPECIAL VEHICLES TYPE OF ACCIDENT CITY POLICE SriMe Ow ALL • Iwl •P F MStO OTMtw 09/14/83 1512 Wed 4 s t itSt a s OCCURRED ON: •BINARY STREET SPEED AT ON NEAR: SECONDARY STREET af,►[ED Willow Pass Road FIT San Vincente C7'T Corp ID 1 151 (W-1 ) JONES, Jeffrey C. WMA 06/03/56 2726 North Main Street Walnut Creek, 935-0722 (W-2) LEIN, Cynthia Maria WFA 05/10/63 2726 North Dain Street Walnut Creek, 935-0722 (W-3) BLANKENSHIP, Barbara J. WFA 09/18/37 850 Clarewood Court Concord, 798-1915 DBA: Principal Monte Gardens Elementary School Concord, 685-3834 (W-4) KAAR, James S. WMA 1198 Quail Court Concord, 686-0367 DBA: Principal E1 Monte Elementary School 1400 Dina Drive Concord 685-2113 S) MEAD Douglas Gregory VKA 01/25/53 1947 rlotta Drive Conoord 682-6535 DBA: Unemployed 143 REPORTING OFFICER DRAT ATI ASID TIME IVOMT WDITTR/1 -EYPRDVIEOR APPROVING TYPIST DATE AMD"MI MEPORT TYPED HAYES I r yr AGE PAGE TWO LR# 16055-83 (V) JOHNSON, Cynthia WFJ 11/27/73 1939 San Vincente Drive Concord, 827-9719 2. N/A 3. VEHICLES us�Vehicle: 1969 Chevrolet Nova, white in color, License No. 1DJA320, owned by S Mead. 4 . EVIDENCE Tag #11 Item #1 - Blood samples from S Mead Tag #2, Item #1 - A blue, long-sleeve sweater with V neck Item #2 - Brown corduroy pants Item #3 - Black suede shoes Tag #3, Item #1 - Green vegetable matter in a 20 x 38 plastic zip-lock bag, suspected marijuana The above items were tagged and placed in the evidence room of Concord Police Department by Officer Hayes. 5. INVESTIGATION At 11512 hours, I was dispatched to a report of an auto/pedestrian hit- and-run accident on Willow Pass Road at San Vinoento Drive. I arrived at 1513 hours. The V Johnson was lying on her stomach in the center of Willow Pass Road. Numerous citizens had gathered around to help her. Several unidentified WMAs told me that the S vehicle was a white Chevrolet Nova that fled eastbound on Willow Pass Road and then south- bound on Ashdale Drive. I advised Dispatch of the S vehicle's description and direction of flight. I checked Johnson and found she was not breathing and had no detectable pulse. I called to Officer Mena who had just arrived and asked him to assist me in CPR. I turned Johnson over as Consolidated Fire Department arrived. I told the firemen she was not breathing and had no pulse and they immediately began CPR. Offioer "Mena began Interviewing Ys Aad I lett the scene to search for the S vehicle. As I approached Ashdale Drive, Dispatch advised that the S was being detained aeross. the .street from Monte Gardens Elemen- tary School on Carlotta Drive. I drove. to Carlotta Drive and saw a white Chevrolet Nova, License No. IWA320, parked in the driveway of 19$7 Carlotta Drive. Several people were in the street pointing at the S Mead who was standing at a sink at the back of the open garage of 1947 Carlotta Drive. W-1 Janes pointed at Mead and told me that Mead was the driver of the bit-ash-rwv +Mhioie. Jones said he had followed Mead from the aoeident scone.= Ike 'said !lead had tried to wash the blood off the S vehicle. I looked• at the a' .vehicle and saw a large dent where a body may have struck the front of the vehicle. I saw blood which had been partially washed off on the grill, hood, Record property in paregnph two in Ow following order: indieste stole , room red,lost or found;doe list article,bland,color,descriptio serial number or driver's license number and Yalu#. -._,M��.f-.. 1 144 AGE ' PAGE THREE R 16055-83 window and roof. s I entered the garage and saw that Mead was washing his hands in a sink. He appeared to be unaware of my presence. I walked up behind him and placed him a rear wrist-lock. I told him he was under arrest for hit-and-run and I placed him in handcuffs. I turned him around and immediately smelled an odor of an alcoholic beverage on his breath. His eyes were bloodshot and glassy. As I walked him to my patrol car, he staggered and was off balance. I placed him in the rear of my patrol car and contacted Ws Jones, Lein, Blankenship, and Kaar. Jones and Lein told me that they were driving westbound on Willow Pass Road with Jones driving. Near the intersection of San Vincente Drive, they saw Mead driving eastbound. They saw Mead's car hit Johnson and then watched Mead drive away eastbound on Willow Pass Road. Jones made a U-turn and followed Mead eastbound on Willow Pass Road and then southbound on Ashdale Drive. They saw the S vehicle stop in the drive- way of 1947 Carlotta Drive. Mead, the' only occupant, exited the vehicle and entered the garage, obtained a brown bucket which he filled with water, and came out to wash Johnson's blood off of his car. Jones and Lein yelled to school personnel at Monte Gardens School to call the police. Jones and Lein waited for the police. For further information, see written statements by Jones and Lein. I contacted W-4 Kaar who told me he was driving eastbound on Willow Pass Road when he saw Johnson standing on the south curb of Willow Pass Road waiting to cross. He stopped at the crosswalk and Johnson began to cross the street. Mead, who was eastbound in the No. 1 lane, failed to stop and hit Johnson as she walked into the No. 1 lane. Mead did not stop after the collision and continued southbound on Willow Pass Road. Kaar followed Mead who was then being followed by another vehicle. Kaar lost sight of Mead and drove past Mead's parked vehicle on Ashdale Drive. Kaar drove around for a short while and then returned and saw Mead washing his car in the driveway of 1947 Carlotta Drive. He saw Jones pointing at Mead and yelling that he was washing off the blood. Kaar waited with Jones until the police ar- rived. For further information, see the written statement by Kaar. I contacted W-3 Blankenship who told me she oame out of Monte Gardens Elementary School when she heard of a hit-and-run accident. She was aware that the police were being called and she responded to the street to see if it was one of her pupils who was injured. Upon ar- rival in the street, she was told that Mead was washing blood off of his oar which was evidence. She walked onto the lawn of 1947 Carlotta Drive and saw that Mead was washing blood off the hood, window, and top of his car. She waited until the police arrived. For further Information, see the written statement by Blankenship. I gathered Jones, Lein, Kaar, and Blankenship together and gave them statement forms to fill out. I advised Officer Norvell of the Ws and asked him to collect the written statements. Record property in paragraph two in the following order: indicate stolen,recovered. lost or found;then list article, brand,color,descriptior serial number or driver's license number and value. .....,. .. 145 PAGE FOUR CR 16055-83 AGf ' transported Mead to Concord Police Department and while enroute, I j requested a blood technician respond to draw a sample of Mead's blood. Shortly after my arrival at the station, William Billo of Blood Alco- hol Determinants, responded and drew two samples of blood which I received and put in evidence. I completed an arrest report form for Mead. While I was filling out the identifying information of the report, Mead asked "What am I charged with?" I told him he was charged with felony hit-and-run driving. He made no other comments and asked no questions. I took Mead' s clothes as possible evidence and gave him a paper jumpsuit to wear. In the right rear pants pocket, I found a 2" x 3" plastic zip- lock bag of green vegetable matter which I suspected to be marijuana. I placed Mead in a cell pending an interview by Officer Sinsel who was conducting the investigation. I placed the items of evidence in the evidence locker at Concord Police Department. 6. DISPOSITION Case pending. HAYES, #151 10 09/1$/83 2308 Sgt. Alcorn yr 09/15/83 0100 Record property in paragraph two in the following order: Indicate stolen, recovered,lost or found;than list article, brand, Dolor,descriptio, serial number w driver's license number and value. 6 CONCORD POLICE DEPARTMENT ORIS. SUPP. TRAFFIC COLLISION REPORT 1 1 IXX2 MF* ICR* 16055-83 CLAPSIFICATi'.. OAT[ AND TIME REPORTED � 23153a VC, 20001 VC, & 187 PC 09/14/83 1512 •< ,, � ', OCCURRED: DATES TINS$ DAY OF OK SPECIAL V[MICL[f TY PS OF ACCIDENT jR 09/14/83 F152 Wed 4 ��• ►e�cf om3fw � .IMJ . �TL 4FRL 0 T"ff fruo a ]► rr Max OTLLM OCCURRED ON: PRIMARY STREST "RED AT OR N[AR: •SCOMDARY STREET T (PEED Willow Pass Road L1M35 San Vincente Drive ;1517 OFF ID 173 (V) JOHNSON, Cynthia WFJ 11 /27/73 1939 San Vincente Drive Concord, 827-9719 (S) MEAD, Douglas Gregory WMA 01/25/53 1947 Carlotta Drive I Concord, 682-6535 (SJ-1 ) MEAD, Herbert Malcolm WMA 12/21/28 1947 Carlotta Drive Concord, 682-6535 DBA: Coach El Dorado Intermediate School, 682-5700 (SJ-2) STEWART, JoAnn Ester WFA 01/23/35 1938 San Vincente Drive Concord, 682-0846 DBA: Disabled 3. VEHICLES Suspect Vehloles 1969. Chevrolet Nova,, white in oolor, California License No. . 1DJA320. 4. EVIDENCE One photo line-up containing the followin Conoord Police Department books otos: REPORTING OFFICER 01SAT [DATE AND TEAS RSPORT rRITTtN SYPERVISOR APPROVING TYPIST JDATE AND TIME REPORT TYPED BYERS yr CP-f0 !UL fI 147 PAGE PAGE TWO ICR# 16055-83 4. '.EVIDENCE (continued) No. 1 - FP# 14111 No. 2 - FP# 22737 (Douglas Mead, dated 04/01 /83) No. 3 - FP# 31125 No. 4 - FP# 39065 No. 5 - FP# 25327 No. 6 - FP# 18423 5 . - INVESTIGATION On 09/1 3 at 1512 hours, I was westbound on Concord Boulevard near Thornwood Drive when I heard Concord Police Department Dispatch broad- cast a reported hit-and-run accident on Willow Pass Road and San Vincente Drive. I then heard Officer Hayes advise that the S vehicle was a white Chevrolet Nova that fled eastbound on Willow Pass Road and "turned on the street before Landana Drive." I turned my vehicle onto northbound Landana Drive and headed in a direction of the area of the S vehicle. On the evening of 09/13/839 I had responded to a report of a 5150 WAI , at 1947 Carlotta Drive to assist Officer Haller. The S of the report was Douglas Mead with whom I've had several past contacts. These con- tacts involved 5150 WPI, disturbing the peace, drunk in public, and drunk driving type of incidents. At the time of the 5150 WPI report on 09/13/83, I noticed that there was a white Chevrolet Nova parked in the driveway of the residence. Due to the description given by Officer Hayes of the S vehicle in the hit-and-run accident and the direction flight (towards the Mead residence on Carlotta Drive) , I felt that a possible responsible was Douglas Mead. I continued driving northbound on Landana Drive when I heard Dispatch advise that the S was being detained at a residence across from Monte Gardens Elementary School. Douglas Mead lives directly across the street from Monte Gardena Elementary School. I drove to the Mead residence at 1947 Carlotta Drive. Upon my arrival at approximately 1517 hours, I saw the S who I recognized as Douglas Mead seated in the back of a Concord Police Department patrol unit. He appeared to be talking loudly to himself, however I could not hear what was being said. The white Chevrolet Bova that I had seen the previous night was parked in the driveway. The large front garage door of the residence was wide open. I noticed that the Chevrolet Nova had water spots on it and water on the ground nearby as if someone had attempted to wash it. The wind- shield was smeared with a damp, dirty film. I noticed bright red ap- parent blood Spots on the front grill of the vehicle mixed in with the water spots. There were apparent blood splatters along the driver's side of the vehicle. The right front hood area had a moderate sized dent that appeared to be fresh damage, due to a lack of rust or oor- rosion. The front bumper area slightly left of center had a dent that Record property in paragraph two in the following order: Indicate stolen,recovered, lost or found;then list article, brand,color,descriptio serial number or driver's license number and value. Q --..._ ...-.. O PAGE PAGE THREE FcR;— 16055-8 •appeared to be old damage due to rusting at the creased portion of the dent. Between three and five minutes after my arrival, I saw a person I recognized as Douglas Mead' s father (Herbert Mead) ride up the driveway and into the garage on a 10-speed bicycle. He inquired as to what had happened and I told him that his son, Doug, had been arrested for a hit- and-run accident involving a pedestrian. He was inquisitive as to the pedestrian's condition and how the accident had occurred. Herbert Mead was visibly upset and mentioned the incident the evening before when Do g was acting peculiar. I asked Mr. Mead about the Chevrolet Nova parked in his driveway. He said that the vehicle belonged to Doug and that he had purchased it "several months" ago for $600. He did not know if Doug had registered the vehicle with the Department of Motor Vehicles and said that he did not think he had insurance. He stated that "no one else drives the vehicle" to his knowledge. I showed Mr. Mead the dent on the front hood area of the vehicle and he said that he did not remember seeing it before. I told Mr. Mead that we needed to collect evidence from the garage area of his residence and asked for his permission to do so. He said, "Go ahead." Mr. Mead told me that he had left for work at about 0740 hours this date and that Doug was home at that time. He had just ridden his bicycle from work to home, discovering the police at his residence. Herbert Mead then began giving me some background information on his son, Doug. He told me that for the past two years Doug has been doing "pretty good." Prior to that, he had been in J Ward at the Contra Costa County Hospital "several times" and the Napa State Hospital "a couple of times" for mental problems. The doctors classified Doug as schizophrenic. During the past two years, Doug had been visiting his psychiatrist by the name of Dr. Flasher who has his office on the corner of Pt. Chicago Highway and Salvio Street in Concord. He had been taking a prescribed medication called "lithium" in the past, but Dr. Flasher had switched him to a drug called "mallorio" (spelling unknown) . Doug had sterility as well as other health problems as a result of taking the lithium, so the doctor changed medication. Mr. Mead showed me a bottle of lithium carbonate, 300 Mg. prescribed by Dr. Flasher, dated 04/16/83. It appeared to be about half full with about a hundred capsules remaining. He again said that Doug no longer takes that particular drug. Be looked for the other prescribed drug in Doug's bedroom but could not find any. He said that he is supposed to be taking the ">salloric" drug but did not know if he was doing no. During the past two years, Doug had his first violent incident when his family went to a wedding in Boise, Idaho, on •ugust 27, 1983. He got angry and a violent fiat fight developed between him and his brother, Record property in paragraph two in the following order: indicate stolen, ecovared, lost or found;then list wtide, brand,color, descriptio serial number or driver's license number and value. 149 PAGE 'PAGE FOUR R 16055-83 •Brad. The police were called and made a report of the incident, according to Mr. Mead. He suspected that Doug was not taking his prescribed medication and that is what resulted in his violent be- havior. The next incident occurred on the evening of September 13 when Officer Haller and I responded, as well as other Concord Police Department officers. He said that Doug was in his bedroom playing the radio. He was walking around his room loudly talking to himself. He was talking "tough talk" according to Mr. Mead, saying things like, "Nobody fucks with me." He then called the police, expecting that Doug may become more violent if it continued. Mr. Mead said that Doug "straightened out" when he saw the police ar- rive and acted in a more normal fashion. Doug Mead did not meet the criteria for 5150 WPI at the time of the officers' contact. I asked Mr. Mead if Doug drank much. He told me that he did not drink much but did drink "a little beer." He said that Doug likes to smoke marijuana though. Just prior to leaving the Mead residence at a0proximately 1645 hours, I was contacted by a person, identifying herself as "Debbie Bugg." She had driven up to the residence with a friend. She asked if Doug was at the residence and I told her that he was not. After identifying myself to her, she told me that Doug had threatened her mother earlier in the day (JoAnn Stewart) when she was parked across the street from Doug's residence at the Monte Gardens Elementary School waiting for her grandson. I told her that I would contact her mother to get a more detailed account on what had occurred. Debbie Bugg mentioned living across the street from the V who had been struck by the vehicle; however, she was not aware that Doug had been arrested for it until I told her. 1855 hours had contacted JoAnn Stewart on the telephone and she arrived at the Concord Police Department for an interview. During this interview, she was visibly very upset and shaken over what had occurred to her and of the knowledge that the V who lived across the street from her had been killed. She said that the girl had just been over to her residence earlier in the day. Mrs. Stewart walked with a single crutch and said that she was disabled. The following is a synopsis of the interview with JoAnn Stewarts At about 1300 hours, this date, she drove her 1976 Ford Van, bronze -in color, to the Monte Gardens Elementary School to pick up her grandson, "David," six years old. She said that she had been doing this for the past couple of years since he entered school. She parked her vehicle directly in front of the school in a lined parking area, perpendicular and facing the sohoolgrounds. She began reading a book while waiting for her grandson to come out of class. After about five minutes, she heard some loud yelling coming from behind her. She heard a male voice yelling, "You bitch." She ignored the sound thinking that it was prob- -ably a family fight. The sound of the noise and yelling came closer Record p *party in paragraph two in the following order: indicate stolen,raeovered,lost or found;den on article,brand,odor,descriptic serial number or driver's license number and value. �.. .w�w W w N _ 150 CONCORD POLICE DEPARTMENT ante.. sU►►. TRAFFIC COLLISION REPORT 1 2 AAA MFS CR* 16055-83 C LAiftIIC ATiON DATE AND TIME *CPORTED 192.3 PC 20001 VC 23153 VC 9-14-83 1522 "- `' •'`� OCCURRED: DATE{ TIMES DAY 0I qK /►ECIAL VEHICLES TYPE OF ACCIDENT ANR CITY rout■ OT a 0ALL a IN! •►ATL «uR « R OALLL - 9-14-8 151 w 4 1 z 3 4 3 4 5 OCCURRED ON: PRIMARY STREET SPENDAT OR NtAO: SECONDARY STONEY {►[ED Willow Pass Rd Nn San Vincente Dr 25T OFF 10 • 128 9-14-83 at 1553 hrs Victim Johnson was pronounced dead at Mt Diablo hospital bV Dr . Hellerstein. The body was then released to the Contra Costa County Coroner s off ice. NCPORTING OFFICER SKAT DATC AMD TIME RIWORT MNITTEN;WPIRSIVISOR APPROVINGJDATIR VM" AND TIME REPORT TYPED J. Sinsel 10 9-14-83 2230 hr 155 � ko- SrATEMW ISM CRf 1 6 o SS-8 3 Statement of: \ PAGE � Nate S Y, 2-S w Z Ck Address Phone Late: Time: Location: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - v v 4Jq,- \ b 4) 1pctsez� Pd Lj O's 4; y a:,�r Ck cc V- Ca Z� W 0.S 0 o V No C AA\g- 15;�Y%eeV ��Q- Q-Y-0 5 S wnC +�,-e +\n,g, 20-1 -qt -I'A� +tD -�-- .� ea-JA --r sauj - CCNY 1<4e Q - k Gel, QhthCk d ZC 7 V-O.tn QP10k �t 6 V cAf Uiitness: Siped: Date: ?r�,_Time: ry CP 202-S70 152 SrATEMENT .. Statement / ,• PAGE # :.,,Address / , • Phone Date: • Time: Location: 1 to i ♦ - G----- - • ig, • l 1 1/. /• • al 1 / ±uc rks ajN4 9--410r2ck ibe doV - gLQ - /_�za-Ecz± laic JaPrv4 cloa,% . r"40. Vvi �Pl 1% +be rzvcoc_::��( Qyyl-o Ic4c1c. ad, ][be- delilt/a (pumaj brn\.L3Lr • [no /1 • 1 ! 1Se `• kt,=A •ii ■• witness M' 102-570 STATEMENT ,;•�' CRf t60SS-k3 Statement of: PAGE i Name LA- AV/u4 IAjc>L jC Address -t'75-1/ W cr L 1LL/ V Phone El�7— 547 307 DOB„W--/-*/' — Date: 9— /Z/— S/ 3 Time: '3;2 c2 Location: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - S,4�F' �✓,g s c,L�o�'S�iv� T�� t2o S S w�-L/c � a2�fti .9 AR n 472-ur-k, g T-0 P, IVC- Al d V.,O PA-5 < T//O 778 s�k A�- [r . OO1eie r'T SES IMS QQ/ VE/>_+ Witness: Si,ped:, CA✓O C.F Late: Time: CP 102-570 I54 • STATB4M CRO /G, s s-•83 Statement of: PAGE i Name tj Q V_r Address 1 ZQ'� mets. C"{ cA Phone_ 6 t 6 —& L 7 DOB r Late• Time• 3 : S Location: to,,/,, llel.� Q� 'SS' - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1 e•/%a v n G/!� e� /"o fJ s T 44242♦ 4� AV ""I.. b."de, IL Ado J / 10 1 qw ♦ cotif t♦�. 11 1•rtT T -PCA 40L 1"i IV 142ge Ir 9--aiA X.A oft' 3e lax di-ILid luape aCLOXX JOAft aJ 44 -* tA61F A -ax /A-a Al odikOh Aw 4' ','f`'' ','tri':�.'- .e. : •:�. .*."1``i• f, •'a;�-::'"' rK• „� L. .t` �� ...y�:, •4 -�� �•Vii-:: '�i.`�1F_ y�r��,t':••• y�':: :,�,"�.••` t r•: :r.ti'`:. .s Date: y43 Tito: s3 � � � CP 102-S70 �A i � rl / SrATMENT Statement of:Name / PAGE Address co wap i r . Phone C96b K�b DOB f7 Date: Time: Location: : : G / i� l• it / v • Dt 5AW ` X-zO Witwss: Signed: Date: i / . / + M' 102-570 A 01' WMAN,till At" OWN ION trIMITAYMMEMAN-RO-A MIND I ND�� � _ ! .1 s ..�' �� rt L !mil W"It OAVATAFalff MR MAO US qgfYAMAI NOW AN.,Me 8 04A W.... I MW "& !W-Yj Tim 19 1 1 TO. RM's, is Val t t OL 1 I 1 • '. Statement Addrmessr "aLs,�C>-?Qp, _XB CUS Date: Time: Location: hMX-S L•_ ► • —.�• •1 .Till /_ _ ." I 1eV� �.� tJ s CL tltf, I I / / v nor<jck _j It-rc t O=d4r,"11C., svo m I au_lA _�� • •� I u. i 44btf " CACJL.A rrk-e C_ rL t D1 122:�� ef �,&t-tJcanAc),_),rVVl t+ AO r1 " _ J /. . ALV a� • nrmje) Cri-CrAer /I oo((f- o c) Lh Arfw* ad c, c Pec: "ZI4 �47"Mv n".Alp jai LZOO d ` F ice_ ♦t J �lr. a SrAsur U Or OCrk •� 174 •• \ e� "Olen 4, .�� / X I s Date: Ttw: M' 102-S70 • • �v STS Of statownt of: /NaPAGE Nam �4 n Gt�c s � .' Address �- Phane WB y- F-37 Late: Y- 3 "/o L=aticn: ran U �' lel �ar cis e C_ f��. rte. '144V f g g a el ev f c-rer " ec c 4 •' cc 0( fo c e .. .�►�•,� ,cam Som tiv�... h f- . e-11 I V cl Go n r d 4_1 4Zac.cc.c.ac sa s o v A112 9,02 rc l �l L�C•�� �-+ otic-� o .I` 4--o fes. �.y�.��` c.a�- •� �- K ct r .=6ra L-�--s- ,''� 1F-..' ki a s jz cl �retis lewd ,Q v j` � GID w.,.� s c.e_. o �. JS •y Mittres. Steed. /J Late: �w - •~��J Tim: ✓ I f� �� t��rl c lo -in CP- .. 159 - .. o�,___ .���� _ S c. P�-ci rib ac- �--\ a �-I - \C1 3• _. _ .. ��\\oma ��S �► `pal �h� S�no���r� �,n�-� ov -- -. . . �,.�\, o�� �a d�cS► +r��- �caw l�cS -�aS,���1� _ -_- Arora. foo O�vVN --Y- \C\r_ o �-hCL Q.tc�- s Ana\`o _._ . .. �-\�v. ��,orC� rcLx� � h4-�• .�-�c�cc�n .�..�r�-hi c. ,;-: r . .. ._ �t-h Cl �'�C'�S l�J���C,.,.• �.c.�r�-h\� -J 0�1'(1S 01"� _ 1.60 •� �. :.. '4 , -:r s'-"r ��iMG,�(v.R�1� �I�.? swl-.0!'ni.�,� .,r•=:ti'•. �. �.`,-.:�r.�`.�'��i -::�.=. . - c z Q. w a � - . o P o�• fop. CN . Yhv . . �-�,�s, �`.d c' mrd c ` -�'1r�¢ ����[ec' S��env cL d..__ • O-a`\ ate ._.' ' 161 �r -'�►i.':•. _ ,t .. ..AJ •.,yam J.%►:;';7r'�b'.,:;•�:�1. � "�.'�'. TRAFFIC BUREAU ACCIDENT IID. ACCaELOC. ACCIDENT DATE TEST SRIO DATE SKID • SPEED INFORMATION 16055-83 1W.P.;San Vinc me 9/14/ 3 9/21/83 ROAD CONDITIONS ACCIDENT SKID DATA CENTRIFUGAL SKID TYPE Or **AD EISP[NOiNO LOCK[D EINEEI. TOTAL LENSTN Asphalt L.►. —A-61,8" rT. CONDITION R.r. 441411 CHORD Smooth-Worn L.R. 1 46131, 1 rT. ERADt/OIRECTfON R.R. i 191f YIO.OROINATL Level E/W ACCIDENT VENICLE f3psw+asks.**&I) TOTAL 69 Chev, Nova 4 dr. ,VER.IIE , TEST SKID INFORMATION NO. MPH L.F. R.P. L.R. R.R. TOTAL AV[RADE OTHER DATA DRIVER 1.0. 00. 1. 42 80 74 88 86 88 J 128 Vit".LIC.OR SQUI►.00. MARC TeARlMOOti. e' 42 78 73 86 85 69 Nova SPEEOOMETtR INDICATCO ACTUAL i►EEO DATE CALIORATEO S. 1 . 40 42 Radar METHOD SK10MARKS MEAOI/R[D EI[ATH[R(trap.) TIME MINIMUM SPEED ►ROM ACCIDENT TEST ACCOUNT TEST ACCIDENT TEST CHART(OV0r) ©TAP[ QPACED Q OTHER TAPE D PACED ❑ OTHER 950 980 1512 INVEST HIAT INS OPP ICER•Access? IA.ND. j J. Sinsel 128 coir.a nN:TaN 6? i SPEtO Dew writes I.D.ND. J. Sinsel 128 OAStD ON TEST SAID N0. 1 33 MPH CALCULATIONVOIAGRAM COEPPICIM OF FRICTION = F • V2 = 42 MPH2 + \1764 = 67% 30 test skid 881) 2640 V = 3OFS Is 30 z .67-x S = 20.1 x 3 = 1065.3 = 33 MPH •,'�• �K... '?�,:� '• •.:yam{.:. � �� .�. lit,... :�.• t KME4Li PQFMtILAB BXAIAMUt CENTRIFUGAL SKIDMAP ! •psI►SL[ER r►DIETNM [`RRDRD 1►tl !sO S _ gISi ♦ •+� MC 1 r MIDDLE DHIATE ••a a IEMN) Y`SND•MD/RATs ••�1•.«.. D•no LSSIOTN WTI ••EIMIYO IPTI IFVVI Nt /DM N'EORD 'wIL. l62 CCS INDICATE NORTH •� law W ; \ n tea, red A ^ fn .c ) A i1 /96/ ST. �v 1 INTER ECTION OF— Ott �5 N DATEi�j��fo STAtJDARD ---� MUM VEHICLE MOVING AHEAD NEAD-ON SIDESWIPE '*44— MOTOR VEHICLE BACKING UP REAR END -� PEDESTRIAN Mr. OVERTAKING SIDESWIPE TRAIN � •� BROADSIDE PARKED VEHICLE -"'4r. APPROACH TURN O FIXED OBJECT -9 OVERTAKING TURN 0 FATAL ACCIDENT OUT OF CONTROL M NON-FATAL ACCIDENT VEHICLE TURNED OVER O PROPERTY DAMAGE ONLY L DAYLIGHT _40— KAD-OK. C. DARK(bcludoe Down 0 Dusk) tl)0 TIME CITY OF . CONCORD COLLISION DIAGRAM R.A.A. NlE SHEET Ic BY OAT[ R[VIBION I , _ _ _ X63 /sl , I o 74 34 G! -- OQ+dr i 164 '����S w► _ C'(Z /6 USS -�`s Sam lair,c�',E- 0 T • I �3� r _ I o k 61 O�6r i 165 CONCORD POLICE DEPARTMENT BEAT TECHNICAL SERVICES UNIT ' SUPPLEMENTAL REPORT • vAGe _ ov� ►wr.?. • W ASE NUMBER CLASS ORIGINAL DATE TIME OFFICER AT ECEN6 TECH OFFICER m I 2 1 IC /.S/2 Wf11114 l , DATE RESPONDED TIME ARRIVED TIME COMPLETED LOCATION `� U IOf? •/yr20 /.�30 h1/11oWtVifff", X-sWy \11 PKI SUS►ECTTEAR MAKE MODEL COLOR LICENSE NUMBER VEHICLE: I VICTIM �[� .� �•( C EVIDENCE (numerical) �_ to �! 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CA 1 tG m O C)m O p N m 7°•O� r. KD m► G p CD '• r Q � O (D C N N N Q, S , m O� C GNtU00 y 'O •+OcQ '~ �� !1 .. - Z 3° CD 0 o °' w�oG -� N so m ^r* o• u%oSo .+ O � r -:3.'om °o. o ) a O oo am 0. 00 40 O-S a0- zNN o m m { m - n p, O so ,, n �► •, p -� m n p. m NSA 0 m •00 I► i A 0 Z 00 •• .� O tz o• ot w N d J C nP-) L N O �C N ON v , � O O• ► v' 4 Ora � 7 O m ° p. Ir `+. *,, w ° O Qj ° 7. 7 ID 10- ID b ° .1 � �O NaN d a NN4' N N .- SvV, OD iD -oft v 9D �•� LD N O ."" O a.. CY O �.. a -'f1 T ^ •yin r• ° �caO �.►:►r 0 9 0^ 3 rI�r CD 0 o o a m O ac �� �' a ?•�'a,. no; oG O :Am [ �• � °n°n . � Vr CD CaCD N 91 pc`` � sCD p, o 0np O (OD CD ff Oa ✓ ^ 0d► 10 %4 tD �. 000 N a s v N .►G %, N d G (D a p G y ?� C y o to O a� oNtD a %� r 'C3 ` f Z OW 4 oCD tz °' CD 0 .• mar ^ '` r 0 allo on �► 7. ..� N G O'lt`c'N G �^CD � V m o�O tLi a03 m�C 0 n �. ,. tlCiN na p � O � N p O z -. " 0 CD a - N � 0 - !G r N► 1p CD 0 th QG N ty ? pCD iv; 0 O a N r 2 °` , gym s `�•'� ? a . ° 4 ¢ v ' •�► Q o cD_ a 0�N. r. ..c N v' n 0� t"3 .. -CD 3 IzDrs al. a a ,� , ••- °o �, o 110 ¢ °' o CD a ° o •a m 0tT 10 •moi S. r N O 7r p► 0 CD N aO^ O m N c • Continuation shootZ ; , G w too CD i s ` OD _ � t o t 1 y► t coto to vp Iz 110 CD 71 co ly .3 r •� M � + C N � , n � r" N I � � N r 4 ` CLAIM BOARD OF SUpE'RVI9ORS OF CaRTA COSTA COU:TY, CALIFOFTIA BOARD XMON Jan. 17, 1984 Claim Against the County, ) V= TO CLA1HW Flouting Endorsements, and ) The copy of this document mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , Government Code.) ) given pursuant to Government Code Sections 913 i 915.4. Please note the "Warning" below. Claimant: Willard C . Robinson COunty Counsel 2460 1Rumrill Attorney: Richmond, CA. DEC 19 1983 Elliott M. Pisor, Inc . _ Address: One Kaiser Plaza, Suite 1585 Martinez. CA 94553 Oakland, CA 94612 Amount: $100, 000 . 00 By delivery to Clerk on Date �Peoe1ved'December 16, 1983 By mail, Postmarked on 12/14/8 I I. FTM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted DAMM: Dec . 19. 19 8 3 J.R. MESON, Clerk, By aA444 Deputy Helen P . Marino II. FRONT: County Counsel TO: Clerk of the Boar of S�ipennsors (Check one only) ( ) This Claim camplfes substantially with Sections 910 and 910.2. ( ) This Claim FAILS to =ply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (section 910.8) . ( ) Claim is not timely filed. Board should reject claim on ground that it was filed late. (§911.2) DATED: JOHN Be CLAUSE # County Counsel, By , Deputy III. BOARD ORDER By unanimous vote of Supervisors present ( ) This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED: Aa J2 JqP14J.R. Q;.S90[d, Clerk, by. ' tic 1 . �Y/�t�ic-ul� • qty VARIlaG (Gov't. C. 5913) Subject to certain exceptions, you have only six (6) months fr m the date this notice was personally delivered or deposited in the mail to file'a court action on this claim. See Government Code Section 945.6. You may seek the advice of any attorney of your choioe in ooza-ection with this matter. If you want to consult an attorney, you should & so `I-mdiately. '?!Ierk o : County Qxmsel, 2 County AdminlsEiitor \ copies of the above Claim. We notified the claimant of the �-an this Claim by mailing a copy of this document, and a been filed and endorsed an the Board's copy of this A with Section 29703. J9 Re MSSON# Clerk. lb X--1qS-L =ty Dq `- ` 204 • r ELLIOTT M. PISOR. INC. ATTORNEYS AT LAW TELEPHONE INJURY LAW CENTER (415) 763-4600 ONE KAISER PLAZA. SUITE 1585 OAKLAND. CA 94612 CLAIM UNDER GOVERNMENT _ CODE SECTIONS 905 and 910 F I L E D NAME (S) OF DEFENDANT Contra Costa County Ut G lbs 1983 ENTITIES: Board of Supervisors J. R. OLSSON CLAIMANT' S NAME: Willard C. Robinson CLERM BOARD Or SUPERVISORS 1$4TA CO.-- CLAIMANT' S ADDRESS: 2460 Rumrill e ... ... t.>�oeputy Richmond, CA SEND NOTICES TO: ELLIOTT M. PISOR Attorney at Law One Kaiser Plaza, Suite 1585 Oakland, CA 94612 DESCRIPTION OF ACCIDENT: Accident occurred December 10, 1983, at the County Jail in Martinez. At that time and place, a County Sheriff' s Deputy pulled a wooden chair out from underneath Claimant, as a joke. Claimant struck his neck and back on the edge of the chair, suffering injuries. Treatment was • rendered at the Contra Costa County Hospital. TYPE OF DAMAGE: Neck and back injuries. NAMES OF PUBLIC EMPLOYEES INVOLVED: (Contra Costa County Sheriff' s Deputy) AMOUNT CLAIMED: $100,000. 00 DATED: December 14, 1983 By � c ELLIOTT M. PISOR 205 Attorney for Claimant 111)im CLAIM DEC 19 1983 MM artinet. CA 94553 BOARD OF S[JPF.RVI90RS OF c ctnm ODM 0 UtTY, CAIMUM A BOARD lPC,�' grt Jan. 17, 9R Claim Against the County, ) V= TO CZAIIMANr Routing Endorsements, and ) The copy of this do=cent mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , Government Code.) ) given pursuant to Government Code sections 913 i 915.4. Please note the "Warning" below. Claimant: John Martinez, Edward Carillo, James Carillo, Randall Carillo, Laura 'Hinton Attorney:Christopher J. Joy John Willbrand Address: Jeans & Russell 1070 Concord Ave . One Kaiser Plaza, Suite 2135 Concord, CA 94520 Amount: Oakland, CA 94612 $1.% 030.V000- 00 By delivery to Clerk on Dec . 16, 1983 Date'Reoeived: Dec . 16, 1983 By mail,, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim. P11ATFI�: Dec . 19, 19 8 3 J.R. CE.SSON, Clerk, By �f4� -t . Deputy II. FROM: County Counsel 70: Clerk of the Board of Supervisors (Check one only) (/K) This Claim onnplies substantially with Sections 910 and 910.2. ( ) This Claim, FAILS to damply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8) . ( ) Claim is not timely filed. Board should reject claim on ground that it was filed late. (S911.2) DATED: JCHN B. aAUSEN, County Counsel, By ' ' Deputy III. BOARD CF49 R By unmunK us vote of Supervisors present ( x.) This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED: qk.V J.R. OSS.", Clerk, by, P. 4,2 A• qty WAR M4G (Gov't. C. 5913) - Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file-a court action an this claim. See Government Code Section 945.6. You may seek the advice of any attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so Immediately. IV. Fill: Clex& of the Board 70: County Counsel,, 2 County AdminiRFaitor 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 mac thereof has been filed and endorsed an the Board's copy of this Claim in accordance with Section 29703. DATED:' 11 �L " ...r Deputy 206 _e A . A Ut t; CLAIM FOR WRONGFUL DEATH CLERK gpq . OLSSON Or SUPERVISORS B1t_,c. .�.. 57A CO. To : County of Contra Costa Contra Costa County Hospital Claimants , whose name and mailing addresses are set out in Exhibit "A" hereto, hereby make claim against the County of Contra Costa and the Contra Costa County Hospital for the sum of ONE MILLION THIRTY THOUSAND DOLLARS ($1 ,030 ,000 . 00) and make the following statements in support of the claim: 1 . All notices concerning this claim shall be directed to the following: Christopher J. Joy, Esq. John Willbrand, Esq. Jeans & Russell 1070 Concord Avenue One Kaiser Plaza, Suite 2135 Concord, CA 94520 Oakland, CA 94612 2. The date and place of the collision giving rise to the claim: Auto-pedestrian collision on September 8, 1983 at approximately 4 : 45 p.m. on Alhambra Avenue in Martinez directly in front of County Hospital. Pedestrian Ann Carillo was seriously injured and died thereafter on September 15 , 1983 in the Contra Costa County Hospital. 3 . The circumstances giving rise to the claim are as follows : Ann Carillo, deceased mother of claimants , was crossing Alhambra Avenue in front of the Contra Costa County Hospital when she was struck by a vehicle and suffered severe head and other injuries .. The collision was caused by the dangerous condition of the property surrounding the hospital including parking lots , sidewalks , streets , etc. and was also caused by the negligence of a public employee driving the vehicle that struck Mrs . Carrillo. 1 207 ' n• As a result of the massive injuries , Mrs . Carrillo died on September 15 , 1983. Claimants are the children of Ann Carrillo. 4 . Theresa Cruz was the public employee driving the vehicle that struck Ann Carrillo. Other unknown public employees caused or had knowledge of the dangerous condition of public property and failed to correct such dangerous condition. 5 . Claimants seek ONE MILLION THIRTY THOUSAND DOLLARS ($1 ,030 , 000. 00) in damages for wrongful death of their mother. 6. The basis of computation of the above amount is as follows : a. Medical Expenses to Date of Death Approximately. . . . . . . . . . $ 25 , 000 b. Funeral Expenses Approximately. . . . . . . . . . $ 5 , 000 c. General damages for loss of care , comfort , society, protection and other items of wrongful death damages . . . . . . . . . . . . . $ 190003,000 Approximate Total $ 11030,000 Dated: JEANS Ss. U�ELL By ristop er oY A to ney for Claimants Dated: o n C. Willard Attorney for Claimants 208 2 EXHIBIT "A" John Martinez c/o Christopher J. Joy One Kaiser Plaza, Suite 2135 Oakland, California 94612 Edward Carillo c/o Christopher J. Joy One Kaiser Plaza, Suite 2135 Oakland, California 94612 James Carillo c/o John Willbrand 1070 Concord Avenue Concord, California 94520 Randall A. Carillo c/o John Willbrand 1070 Concord Avenue Concord, California 94520 Laura Hinton c/o John Willbrand 1070 Concord Avenue Concord, California 94520 209 • CLAIM BCS OF S'IJPF.RVI90RS OF CORM COSrA C OENMY, GALT. aOM BOARD ACTION Claim Against the County, ) NORM TO C LAIMA"r Jan. 17, 1984 Routing Endorseients, and ) The copy of this docment M71ed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to CaLifornia ) Board of Supervisors (Paragraph III, below) , Gmmrtment Code.) ) given p msuant to tRa mnrient Oode Sections 913 i 915.4. Please note the "Flaming" below. Claimant: Aetna Life Insurance Co./ Percy B • Dawson (Insured) 201 .No : Civic Dr. , Suite 225 County Counsel Attorney.P.O. Box 8090, Walnut Creek, CA 94596 Address: DEC 19. 1983 �Il�r nez, CA 94553 Amount: $3,100. Via u is Works Dept , By delivery to Clerk on 1.2/14/83 Date Received: By mail, postmarked on I. F7i0M: Clerk of the Board of Supervisors TO: Oounty Counsel Attached is a copy of the above-noted Claim. DATED: Dec . 19, 19 8�r•R. CESSCN Clerk,, ByJ�� P L tY Gid o . e en P. Marino II. FILM: County ODunsel 70: erk of the Board of Supervisors (Check one only) ( This Claim ocmplies 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 camt act for 15 days (section 910.6) . ( ) Claim is not timely filed. Board should reject claim on ground that it was filed late. (5911.2) DATED: aCA3 JOW B. a AusEN, county Counsel, By , < - III. BOARD OFtDEft By unanimous vote of Supervisors present (� ) This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. L1ATED: /.7, IqPq J.R. OTAME M, Clerk, by �l-�-u-c�• Deputy MATOU G (Gov't. C. 5913) Subject to certain eaooepticns, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file-a court action on this claim. See Goverment Code Section 945.6. You may seek the advice of any attorney of your choice in cocu*ctdon with this matter. If you want to consult an attorney, you should do so immediately. IV. o County Counsel, 2 County inistrator Attached are copies of the above Claim. IRs notified the claimant of the Board's action an this Claim by mailing a copy of this document, and a memo thereof has been filed and endorsed an the Board's copy of this 210 Claim in aeeordanee with Section 29703. DATED: J. R. MSSONs Clerk, by • a> Deputy Personal Financial Security Division e 201 No.Civic Drive,Suite 225 81%3 P.0.Box 8090 Walnut Creek,Ca. 94596 PUBLIC WORte'. TM f:'f December 5, 1983 DeparbTent of Public Works Contra Costa County Martinez, Ca. Contra Costa Cour¢,.- RcCEI'v % DEC 14 1983 RE: INSURED: PERCY B. DAWSON 50 Sleepy Hollow Lane Office of Orinda, Ca. COun'Lv Adnlinistrator Dear Sir/Madam: It is my understanding that Mrs. Percy Dawson has already informed you of the damages occurring to her house as a results of an inadequately maintained drain near her home at 50 Sleepy Hollow Lane in Orinda. It is my understanding in speak- ing to our insured that you have already indicated that that drain was inadequately maintained and therefore, I would like to advise that we have so far paid $3,100 and are seeking reimburse- ment from you for this amount. I would also like to advise you that the insured may be present- ing us with a supplement payment for repairs that have not been concluded. Therefore, a further bill may be forthcoming. Please kindly forward check in the amount of $3,100 at this time payable to the Aetna Life & Casualty, 201 North Civic Drive, Walnut Creek, Ca, 94596. Should you have any questions, please feel free to contact me. Very truly yours, . i Debra M. Hall F f L ED (415) 947-6515 GEC/6 i983 ms J. R. OLSSON LCLaERK �RD OF SUPERVISORS O� u 211 ktna Life Insurance Company/ktna Life Insurance and Annuity Company L-487-B The ktna Casualty and Surety Company CLAIM BOARn OF OF CONTRA COSTA COILDV- Y, CALMFa*TIA BOARD ACTION Jan. 17, 1984 Claim Against the County, ) W= TO CLAa'FW Pouting Enc orsements, and ) 'he copy of this docmnent mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , Goverment Code.) ) given pursuant to awemrmt Code Sections 913 G 915.4. Please note the "Warning" below. Claimant: Pacific Gas & Electric Company county Counsel 77 Beale St . , P.O. Box 7442, Attorneys San Francisco, CA. 94120 pEC 19 1983 • Van Deusen, Bordon, Della Santa Cp 94553 - Address: P.O. Box 7442 %aftinet, San Francisco, CA 94120 ' A=unt' Unspecified By delivery to Clerk on Date'Deceived: December 16, 1983 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel 1 Attached is a copy of the above-noted Claim. 12/19/83 DATED: J.R. MSSON, Clerk, By �,/� , Deputy II. FROM: County Counsel 70: Clerk of the Board of Supervisors (Check one only) ( ),Z,) This Claim oomplies substantially with Sections 910 and 910.2. ( ) This Claim FSS to =rely substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8) . ( ) Claim is not timely filed. Board should reject claim on ground that it was filed late. (5911.2) DATED: JOHN Be C[ALISIIJ, County Counsel, By -Deputy III. BOARD By unanurous vote of Supervisors present (x ) This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. pl�,' DATED: / J.R. Qi.S9�1, Clerk, by ! ' �'� 0A-L-,,(-A . qty WARN= (Gov't. C. 5913) Subject to certain vweptions, you have only six (6) months from the date this notice was persopally delivered or deposited in the mail to file'a court action on this claim. See Government Code Section 945.6. You may seek the advice of any attorney of your dice in connection with this matter. If you want to consult an attorney, you should do so immediately. PICM: Clerk of the Board 70: County Counsel, 2 County AdminiiUaitor Attached are copies of the above Claim. We notified the claimant of the Board's action an this Claim by mailing a copy of this doctzmt, and a memo thereof has been filed and endorsed an the Ward Ia copy of this Claim in accordance idth Section 29703. 212 DATED: ! J.. R. CLSSOri, Clerk, by Deputy r r 1 CHARLES T. VAN DEUSEN ROBERT L. BORDON 2 BERNARD J. DELLA SANTA P.O.- Box 7442 3 San Francisco, CA 94120 Telephone: (415) 781-4211 J 4 CCER/KCoBOARD OCOF SSON Attorneys for Defendant B { N�� SigP��SORS 5 PACIFIC GAS AND ELECTRIC COMPANY mut; 6 7 8 MUNICIPAL COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF CONTRA COSTA 10 DOROTHY KNOPF, ) 11 Plaintiff, ) NO. C31797 12 Vs. ) CLAIM FOR APPORTIONMENT OF FAULT, INDEMNIFICATION 13 JUNE FILER, ESTATE OF CLIFFORD L. ) AND DECLARATORY RELIEF FILER, COUNTY OF CONTRA COSTA, PACIFIC ) 14 GAS AND ELECTRIC, a corporation, ) EAST BAY WATER COMPANY, a corporation, ) 15 DOES 1 to 1000, ) 16 Defendants. ) 17 18 TO: CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA. 19 20 YOU ARE HEREBY NOTIFIED that PACIFIC GAS AND ELECTRIC 21 COMPANY, whose address is 77 Beale Street, P.O. Box 7442 , San 22 Francisco, California 94120 , claims damages against the COUNTY 23 OF CONTRA COSTA in an amount as yet to be determined. 24 This claim is based on personal injuries allegedly sustained . 25 by DOROTHY KNOPF on or about March 25, 1983, for which she has 26 213 1 brought suit against JUNE FILER, ESTATE OF CLIFFORD L. FILER, 2 COUNTY OF CONTRA COSTA, PACIFIC GAS AND ELECTRIC, a corporation, 3 and EAST BAY WATER COMPANY, a corporation, Contra Costa County 4 Municipal Court, Walnut Creek-Danville Judicial District, • Case 5 No. C31797. The complaint was served on PACIFIC GAS AND ELECTRIC 6 COMPANY on October 14 , 1983. 7 According to the complaint, DOROTHY KNOPF fell on the 8 sidewalk in an area commonly known as 61 , 63 and 65 Moraga 9 Way in Orinda, County of Contra Costa, California. Plaintiff 10 claims that the defendants negligently maintained the sidewalk in 11 this area. Plaintiff claims to have suffered personal injuries, 12 particularly a' fracture of the bone in her right foot and ankle . 13 as a result of the fall, for which she seeks relief from JUNE 14 FILER, ESTATE OF CLIFFORD L. FILER, COUNTY OF CONTRA COSTA, PACIFIC 15 GAS AND ELECTRIC, a corporation and EAST BAY WATER COMPANY, a 16 corporation. 17 PLEASE TAKE NOTICE that PACIFIC GAS AND ELECTRIC COMPANY hereby 18 asserts its right to total and/or partial indemnity from the 19 COUNTY OF CONTRA COSTA. 20 All notices and other communications with regard to this 21 claim should be sent to claimant in care of its undersigned 22 attorney at the address listed above. 23 24 25 26 2 . 214 t , I I declare under penalty of perjury that I am the attorney 2 for -the claimant above named; that to the best of my knowledge, 3 information and belief, .the information contained in the above 4 claim is true and correct. 5 Executed this 12th day of December, 1983, at San Francisco, 6 California. 7 8 9 CHARLES T. VAN DEUSEN ROBERT L. BORDON 10 BERNARD J. DELLA SANTA 11 n� 12 By: Bernard J. Del a Santa 13 Attorneys for Defendant PACIFIC GAS AND ELECTRIC COMPANY 14 15 16 17 18 19 20 21 22 23 24 25 26 3 . 215* • CLAIM BOARD OF SOPBRVI9ORS OF CONTRA COSTA COO:TY, CALIFaNIA BOARD ACTION Jan. 17, 1984. Claim Against the County, ) 21= TO C LADSM Routing Endorsements, and ) The copy of this document mailed to you is your Board Action. W1 Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , Gmmrrment code.) ) given pursuant to Government Code Sections 913 915.4. Please note the "Narning" below. Claimant: me s Nelson,son, Jr. �ounse� 3 7 West Court, San Jose, CA 95116 county Attorney: None pEC 1 g 1983 Address: Ma��ueZ.CA 84553 fit: $76. 50 By delivery to Clerk on Date'Feeoeive-A; = 12/16/8 3 , mail, nstmar on 12/14/63 7 , 1 // t / ' � -mol I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim. DATED: 12/19/83 J.R. MSSON, Clerk, By . qty Xo II. FROM: county Counsel TO: Clerk of the Boand of Supervisors (Check one only) ( �T This Claim omplies 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 carmot act for 15 days (Section 910.8) . ( ) Claim is not timely filed. Board should reject claim on ground that it was filed late. (5911.2) DATED: p2 JOHN B. CiA xxN, county counsel, By Deputy . III. BOARD OFIER By unanimous vote of Supervisors present ( � ) This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED: R. CU SM, Clerk, by �� �YY(a �. Deputy WARNIl3G (Gov't. C. 5913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file-a coact action an this claim. See Government code Section 945.6. You may seek the advice of any attorney of your choice in eoa:nection with this matter. If you want to consult an attorney, you should do so rim ediately. IV. FROM: Clerk of the Boaard ZED: Ciounty Counsel, 2 County AmirxiiUaitor 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. l,,A . 216 DAM: 1 t J. R. MS.90N, Clerk, by P ! r� AA. x..) . Deputy I � . C%AIK. T0: BOARD OF SUPERVISORS OF CONTRA COS , �OL NTY ur o Iglnal application to: Instructions to Claimant A. Claims relating to causes of action for deathorfortr�nez 1hJuroyrn8o g3 person or to personal property or growing crops must b6 presented not later than the 100th day after the accrual_ of. the oause of action. -Claims relating to any other cause of action must be presented not later than one year after the accrual oflithe cause of action. (Sec. 911.2, Govt. Code) i B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. ************************************************************************ RE: Claim by ) Reserved for Clerk's filing stamps James i;elson, Jr. ) FILED Against the COUNTY OF CONTRA COSTA) DIE 1983 Sheriff's Department-Comity ) or Work Farm. at Martinez DISTRICT) LSSON (Fill in name) ) CLE 4.&O'OF OTUPCVISORS B ...... ...De ut The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 76.50 and in support of this claim represents as follows: ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) On the morning of PJovember 08, 1983 Booking No. 19672J--Refer to Attachment 8394303 -------- — --------------------------------------------------------- 2. Where--d-id--t-he damage or injury occur? (Include city and county) In the County of Contra Costa, Located at 1000 Ward St. , Township of Martinez Ca. 94553 ------------------------------------------------------------------------ 3. How did the damage or injury occur? (Give full details, use extra sheets if required) I was arrested on the 4th day of November, 1983,year of our lord. After I had served 4 days of a 10 day sentence, I was released from Contra Costa, to Santa Clara County. Items were missing upon my release from Contra Costa County. WheE/I Baas. brought . in frgm the:farm- •they.,gate.me .my Money: .:_They,*did 'not giye'..me-.-m .-property. at ---------part-------- icul-- ar---- act--or----omission--------on----the--part------of-------county---or---d-----istrict----- 4. Wh officers , servants or employees caused the injury or damage? '7 c�(over)21 f .. .. , • .� r . .... .r. -...r .J.. �....� err....... . CLAIM BOARD OF SIJPRRVI90Fi.S OF C�TTRA �6TA I:TY C?iISFORrTIA BOAS AC n% an. , 1y Claim Against the County, ) Am TO CLA1MW Routing Endorsements, and ) 7he copy of this document mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , Doverrnlent Code.) ) given pursuant to Government Code Sections 913 i 915.4. Please note the "Darning" below. C].simant: Central Contra Costa Transit Authority 1990 North California Blvd. , Suite 520, Walnut Creek, CA 94596 Attorney; Bryan A. Marmesh County Counsel St . Clair, Zappettini, McFetridge & Griffin . - - Address: 235 Montgomery St . , Suite 635 DEC 19 1983 San Francisco, CA. 94104 fit; Unspecified BYdelivery � to �ed on Martinez, CA 94553 Date•;Peoeived: Dec . 16, 1983 � mailposon ,59'.3-" I. FRCM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted DATID: D e c . 19, 19 8 3 J.R. C LS=4, Clerk, By Deputy II. FRCM: County Co TO: Clerk of the Board of Supervisors (Check one only) V4, This Claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, aryl we are so notifying claimant. The Board cannot act for 15 days (Section 910.8) . ( ) Claim is not timely filed. Board should reject claim on ground that it was filed late. (5911.2) DATED: JOM B. CZAUSM, County Coinzsel, B III. BOARD OROM By unanimous vote of Supervisors present ('�( ) This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Q LATER: 1 1 qJV J.R. OLS.SCN, Clerk, by SING (Gov't. C.. 5913) _ Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file-a court action an this claim. See Goverrmont Code Section 945.6. You may seek the advice of any attorney of your choice in eoru-action with this matter. If you want to consult an attorney, you should do so 3mmedi.ately. nOM: Clerk of the board 70: County Counsel, 2 County strator Attached are copies of the above ClaimWe notified the claimant of the Board's action on this Claim by mailing a copy of this document, and a mero thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. YU ,�= DATED:. 7 l J. R. C8S.9QJ, Clerk, by Deputy 219 I BRYAN A. MARMESH, ESQ. 2 ST.CLAIR, ZAPPETTINI,McFETRIDGE & GRIFFIN 235 Montgomery Street, Suite 635 3 San Francisco, CA 94104 Telephone: 421-2462 4 { K L PE D 5 Attorneys for Claimant 6 Central Contra Costa ULG /( AJ983 Transit Authority i 7 J. R. OLSSON CLE K BOARD Oi. SUPERVISORS 8 CNIRA OSI A QO. B ..:.... b..De ut 9 10 IN THE MATTER OF THE CLAIM .OF 11 THE CENTRAL CONTRA COSTA CLAIM PURSUANT TO 5910 12 TRANSIT AUTHORITY,. OF THE CALIFORNIA GOVERNMENT CODE 13 Claimant, VS. 14 � 0 15 `COUNTY OF CONTRA COSTA. Zz W . 16 N - �� a �� " 17 BRYAN A. MARMESH, ESQ. , hereby presents this claim -Iwo d�FWU. V a�ay < 18 to the County of Contra Costa pursuant to §910 of the NWwU v �Z }>, ol 19 California Government Code. �Q W U g�00 20 1. Name and address of Claimant: VW< PZ �u ox 21 Central Contra Costa Transit Authority m� fU. Z 22 1990 North California Boulevard NN Suite 520 23 Walnut Creek, CA 94596 24 2 . Post office address to which . claimant desires 25 notice regarding this claim to be sent: 26 Bryan A. Marmesh, Esq. 27 St.Clair, Zappetini , McFetridge & Griffin 235 Montgomery Street, Suite 635 28 San Francisco, CA 94104 29 3 . On November 18 , 1983 , the Central Contra Costa 30 Transit Authority was served with a copy of a complaint for 31 damages in the case of Byron Douglas Walkley and Mary Walkley v. 32 Central Contra Costa Transit Authority, et al. , Contra Costa 33 County Superior Court Action No. 252648 , a copy of which is 34 attached hereto. 35 4 . The amount of damages being claimed by plaintiffs 36 in the aforesaid action is unknown. 219 r 1 5. Claimant herein is named as a defendant in the 2 aforesaid action. Claimant asserts that if it is held liable 3 for any damages in said action, it is entitled to equitable 4 indemnity and/or partial indmenity from the County of-Contra 5 Costa. 6 DATED: December 9 , 1983. 7 ST.CLAIR, ZAPPETTINI, McFETRIDGE 8 & GRIFFIN 10 BRYAN A. MARMESH 11 12 13 14 � d 0 15 w a D zZ 16 rL W2< 17 MO F w w a adSNF� < N 18 NW> NU a \ 0wrc 19 0 K w Ou in E020) gt-k ° Z3 v 20 UWQf- Z F-o oIr 21 N� F In a 22 N N 23 24 25 26 27 28 29 30 31 32 33 34 35 36 -2- 220 L D OCT 2 8J 9983 1. R. OLSSON, County Clerk 1 BOSTWICK & TEHIN CONTRA COSTA COUNTY PROFESSIONAL CORPORATIONS By .............. ONE LOMBARD Deputy. r SAN FRANCISCO, CALIFORNIA 94111-1186 ; 2 (415) 421-5500 3 SCOTT D. RIGHTHAND, ESQ. 4 5 ATTORNEYS FOR PLAINTIFF 6 7 8 SUPERIOR .COURT OF CALIFORNIA - COUNTY OF CONTRA COSTA 9 10 BYRON DOUGLAS WALKLEY and ) No. 252648 MARY WALKLEY, ) 11 Plaintiffs, ) 'COMPLAINT FOR Au A6ES 12 ) (Personal Injury) VS . ) 13 ) _ CENTRAL CONTRA COSTA TRANSIT AUTHORITY, ALAMEDA CONTRA COSTA 14 TRANSIT DISTRICT, COUNTY OF ) 15 CONTRA COSTA, CITY OF CONCORD, ) and DOES ONE through FIFTY, ) 16 inclusive, ) 17 Defendants. ) 18 19 Plaintiffs complain of defendants , and each of them, and 20 for a First Cause of Action, allege as follows: .21 I 22 Defendants DOES ONE through FIFTY, inclusive , are sued 23 herein under fictitious names because their true names and capa- 24 cities , whether individual , associate, corporate or governmental 25 are not now known to plaintiffs , that Plaintiffs are informed and 26 believe and upon such information and belief allege that each of 221 1 said defendants is negligently responsible in some manner for 2 'the events and happenings herein alleged either as , but not limite 3 to, traffic controllers , traffic personnel, bus company owners , 4 operators, bus drivers, and maintenance personnel; and otherwise, 5 and that said defendants negligently supervised, cared for, 6 controlled, acted or failed to act in one or more of said 7 occupations or businesses and that such negligence proximately 8 caused and subsequently aggravated the injuries and damages herein - 9 after set forth; that plaintiffs are uncertain as to the manner 10 or function of such defendants, and pray leave to amend this Complaint to insert therein the -true r!ames , Qapacities , functions , 12 occupations and businesses of said defendants when the same are 13 ascertained. 14 15 I I 16 Prior to the commencement of this action, plaintiffs 17 duly and regularly presented to and filed with the defendants 18 Central Contra Costa Transit Authority, Alameda Contra Costa 19 Transit District, Contra Costa County and the City of Concord 20 written claims for -damages setting forth the matters herein 21 alleged; that plaintiffs were advised by each entity that their 22 claims were rejected. 23 24 III 25 At all times and places mentioned herein, defendants 26 Central Contra Costa Transit Authority, Alameda Contra Costa B05TWICK 6. TEHIN -2- MOF %SPONAL CORPORATIONS ONE N ISCO ^ SAN FRANCISCO 94111 I•/Vj (415) 421.5500 1 Transit District and Does One through Twenty, inclusive, were 2 and now are transit authorities and districts duly organized 3 and existing under and by virtue of the laws of the State of 4 California. Each entity operates a transportation service and bus 5 line. 6 7 IV 8 Plaintiffs are informed and believe and upon such 9 information and belief allege that at all times and places herein 10 mentioned, defendants, and each of them, were the agents, servants 11 aiiu E=i��ioj�ers of c: e remaa;:�.i;ig defendants, and each. c 12 at all times and places mentioned herein acting within the purpose 13 and scope of said agency, service and employment, 14 15 V 16 On or about February 18 , 1982 , the defendants , and each 17 of them, carelessly and negligently drove their bus into an inter- 18 section in Concord, California causing a collision with the 19 plaintiffs ' vehicle. 20 21 VI ' 22 That a s a direct and proximate result of said careless- 23 ness and negligence by defendants , and each of them, plaintiff 24 Byron Douglas Walkley sustained certain and severe painful and 25 incapacitating injuries, including, but not limited to, brain 26 damage. Plaintiff has suffered and will continue to suffer great -3- BOSTWICK 6 TEHIN MO.LSSIOMAL"RPOR..TIONS 223 OMC LO"YA110 \ SAN FRANCISCO Wlll , 1415) 421.5.00 I physical incapacity and mental suffering and he has been totally 2 impaired in his physical capacity, all of which will result in 3 certain permanent disability to him, all to his general damage. 4 5 VII 6 That as a direct and proximate result of said careless- 7 ness and negligence of defendants , and each of them, and of said 8 injuries caused to plaintiff, plaintiff Byron Douglas Walkley was 9 required to and did employ physicians , surgeons and nurses to 10 examine, treat and care for him, and did incur medical and inci- ?1 nantal expenses irr an ..,ur_t not z:c;w known to him, and p-leintiffs I 12 will ask leave of court to set forth the exact amount thereof 13 when the same becomes known to them. 14 15 VIII 16 That as a further direct and proximate result of the 17 negligence and carelessness of defendants , and each of them, 18 plaintiff Byron Douglas Walkley has been prevented from continuing 19 gainful ~employment, with a resultant loss of past and future 20 earnings in an amount as yet unascertained. 21 22 Ix 23 ' That as a further direct and proximate result of said 24 negligence, carelessness and lack of adequate supervision of 25 defendants , and each of them, and of the injuries .to plaintiff 26 stated herein, plaintiff Byron Douglas Walkley was prevented from BOSTWICKG TEHIN -4- P OPESSIONAL CORPORATIONS ONE LOMBARD ('�('� yyy��� SAN FRANCISCO 94111 'J 22'J (415) 421-5500 I attending to his usual activities and is informed and believes and , 2 upon such information and belief alleges that he will be incapable 3 of attending to his usual activities in the future , all to his 4 damage in an amount not now known to him and plaintiffs will ask 5 leave of court to amend their pleadings to set forth the exact 6 amount thereof when the same becomes known to them. 7 WHEREFORE, plaintiffs pray for judgment as hereinafter 8 set forth. 9 10 SECOND CAUSE OF ACTION 11 Plaintiffs complain of defendants , and each u� cn_ra, and 12 for a Second Cause of Action, allege as follows : 13 14 I 15 Plaintiffs , by this reference, hereby incorporate and 16 make a part hereof as if set forth at length, Paragraphs I through 17 IX of the First Cause of Action. 18 19 11 20 At all times and places mentioned herein, the roads 21 designated as East and Salvio, and more pafticularly the inter- 22 section of East and Salvio, were and are roads designed and planned c 23 by the County of Contra Costa and City of Concord and were 24 constructed by and under and controlled by and under the 25 direction of and supervision of the County of Contra Costa and 26 City of Concord and were and now are operated, maintained, control c 60STWICK 6 TEHIN -5- 225�ri PROCCSSiONAI CORPORATIONS V ONCLOMSARD SAN FRANCISCO 94111 , (415) 421.5500 1 and owned by the County 'of Contra Costa and the City of Concord. >a 2 3 III 4 That at all times and places mentioned herein, the 5 defendants County of Contra Costa and City of Concord and DOE 6 TWENTY-ONE through DOE FORTY, and each of them, negligently and 7 carelessly planned, designed, constructed, controlled and super- 8 vised the construction of and operated, maintained and controlled 9 said roads and contiguous property at or near said above-described 10 area in a dangerous , defective and deceptive condition in that, 11 among other .things , said intersection was not properly controlled 12 and thus failed to provide for safe crossing by vehicles which 13 created an unreasonable risk of injury to motorists and which 14 would not be readily apparent to traveling motorists and pedes- 15 trians , and that no warnings of said conditions were posted for 16 motorists in said area, all of which resulted in a dangerous and 17 defective condition and a trap for the average reasonable and 18 prudent motorist. 19 20 IV 21 As a direct and proximate result of said negligence and 22 carelessness of defendants, and each of them, and of the dangerous 231 defective and deceptive conditions created thereby, plaintiffs 24 were involved in a collision in the intersection of East and Salvi 25 Streets on February 18 , 1982 , and received the injuries and damage 26 as herein above-described and otherwise. BOSTWICK 6 TEHIN -6 VMOF"510NA OORGOMTONS 226 ONE LOMRARD SAN FRANCISCO 94111 (415) 421.5500 1 1 V ,. 2 t=' By reason of the above premises , plaintiff MARY WALKLEY, 3 wife of plaintiff BYRON DOUGLAS WALKLEY, has suffered and will. 4 continue to suffer loss of support, services , love, companionship, 5 affection, society, sexual relations and other elements of 6 consortium, all to her general damage. 7 8 WHEREFORE, plaintiffs pray for judgment against defen- 9 dants , and each of them, as follows: 10 1 . For general damages; 11 2 . For medical and incidental expenses according 12 proof; 13 3 . For loss of wages according to proof; 14 4 . For all costs of suit herein incurred; and 15 5 . For such other and further relief as the Court 16 may deem proper. 17 18 DATED: 19 20 BOSTWICK & TEHIN 21 B 22 y Scott D. Ricfhthand 23 Attorneys for Plaintiffs 24 25 26 -7_ BOSTWICK G TEHIN' F'� FROrCSSIONAL CORVORAnONS - f ONE LOMR.RD SAN FRANCISCO 94111 (415) 421.6500 CLAIM B_aARD OF S NEWISM OAF COWPA COSTA COLD-31Y, C UMVIt'M BOARD X7ION Jan. 17, 198 Claim Against the County, ) NNE TO CLAIMANT Muting Endorsements, and ) Rtue copy of this document mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , Government Code.) ) given pursuant to Goverment Code Sections 913 i 915.4. please note the *wan-ing" below. Claimant: Betty Masingale Attorney: F. Joseph Bechelli, Jr. Boatwright, Adams & Bechelli Address: 1738 Grant St . , Concord, CA 94520 Amount: $100, 000. 00 By delivery to Clerk on Date•�Peoeived: December 20, 1983 By mail, postmarked on Del . to Health Sery ces er iie Mail I. FTCM: Clerk of the Board of Supervisors 70: County Counsel #P 55629 Attached is a copy of the above-noted Claim. DATED. Dec . 20, 19 8 3,- CLSSON, Clerk, By 1 ( -mac , Deputy Helen F. Marino II. FROM: County Cb 70: Clerk of the Board of Supervisors (Check one only) This Claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Board should reject claim on ground that it was filed late. (5911.2) DATED: JOHN B. C[xsm, county Counsel, By- XlL . III. BCS amm By unanimous vote of Supervisors present ( ) This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. l_ , DATED: � '7, I c1 �y- J.R. MZSON, Clerk, by���f 1��.0 � ,1�� n,t�,.a, Deputy NUM= (Gov't. C. 6913) Subject to Certain W=eptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file-a court action an this claim. See Govennent code Section 945.6. You may seek the advice of any attorney of your choice in ection with this matter. If you want to consult an attorney, you should do so Jmrediately. IV. FWM: Clerk of the Board 70: County Counsel, 2 County strator Attached are copies of the above Claim toe 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 228 Claim in a000raance with Section 29703. DATED / -7 , 19 S- L/ J. R. CQS90N, Clerk, by • Deputy r BOATWRIGHT, ADAMS & BECHELLI ATTORNEYS AT LAW 1738 BRANT STREET CONCORD, CA 94820 DANIEL E. E30ATWRIGHT TELEPHONE (415) 687-9121 DALE C. ADAMS F. JOSEPH BECHELLI,JR. JAMES 1.FISHER - December 5, 1983 F I L E DECA 19�? J. R. OLSSON Contra Costa County Health CLERK ARD OF SUPERVISORS Services Department s 7 T HOME HEALTH CARE AGENCY 2500 Alhambra Avenue �� 3�6 7s5 � Martinez, CA 94553 BETTY MASINGALE hereby makes claim against the Contra Costa County Health Services Department, Home Health Care Agency for the sum of $100 ,000 .00 , and makes the following statement in support of the claim: 1. Claimant's post office address is c/o Boatwright, Adams and Bechelli, 1738 Grant Street, Concord, CA 94520 . 2 . Notices concerning the claim should be sent to Boatwright, Adams & Bechelli, 1738 Grant Street, Concord, CA. 3. The date and place of the occurrences giving rise to . this claim are: On or about September 14 , 1983, at 9 Mildred Ave. , Pittsburg, CA. 4 . The circumstances giving rise to this claim are as follows; At the above time and place, claimant was being cared for by a public health nurse-employee of Contra Costa County Home Health Care Agency. Said nurse negligently applied a heating pad to the claimant's left leg, which caused claimant to suffer serious burns to said leg. 5. Claimant's injuries are burns to the left leg. 6 . The name of the public employee causing the claimant's injuries is Leigh Pierson. 7. My claim as of the date of this claim is $100 ,000 .00 229 ,w Contra Costa County Health Services Department Page 2 December 5., 1983 8. The basis of computation of the above amount is as follows: Medical Expenses Incurred to Date: $unknown Estimated Future Medical Expenses : unknown Loss of Wages: unknown General Damages: 100 ,000 .00 TOTAL: $100 ,000 .00 BOATWRIGHT, ADAMS & BECHELLI F. JOSE hHB CHELLI, JR. Attorn Plaintiff 230 APPLICATION TO FIj,E LATE CLAIM BOARD OF SUPERVISORS OF CONTRA OOS�M COLT-T.T, CST IF IRM BOARD ACTION Jan. 17, 1984 Application to File Late ) NOTE TO APPLICANT'' Clain Against the County, ) The oopy 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 Goverrm-ent Code Sections 911.8 Government Code.) ) and 915.4. Please note the "Warning" below. Claimant: George P. Peres Company, Inc . and Charles P. Harris C4u , C©ufnsea Attorney: Gary M. Lepper George W. Pfeiffer DEC 21 1983 Address: Stoddard, Lepper & Falco 1601 . N. California Blvd. , Walnut Creek, CA 94596 i'at '?, CA ^4583 Amount: Unspecified By delivery to Clerk on Date Received: December 20, 1983 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. Ic- DATED: 12/16/83 J. R. OISSON, Clerk, By � r�(Q�I,c�c.c, , Deputy Helen P. Marino II. FROM: County Counsel 70: Clerk of, the Board of Supervisors The Board should grant this Application to File Late Claim (Section 911.0 . (�) The Board should deny this Application to File a Late Claim (Section 911.6) . DATED: 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) . ( ) This Application to File Late Claim is denied (Section 911.6) . I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED - J. R. OLSSON, Clerk, By �O�,,c� � QiL(.•u�� . Deputy MING (Gov'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 frcm 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: I County Counsel, 2 County Administrator Attached are copies of the above Application: We notified the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. bAT / 5 g J. R. OLSSON, Clerk, By , Deputy U 1 . V. FROM: 1 County Counsel, 2 Coun Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By 231 APPLICATION TO FILE LATE CLAIM y / Y a 1 - GARY M. LEPPER GEORGE W. PFEIFFER 2 STODDARD, LEPPER & FALCO 1601 N. California Blvd. 3 Walnut Creek, CA 94596 (415) 932-3600 4 Attorneys for Claimants 5 GEORGE P. PERES COMPANY, INC . , and CHARLES P . HARRIS 6 7 CLAIM OF GEORGE P. PERES APPLICATION FOR LEAVE TO COMPANY, INC. , and PRESENT LATE CLAIM BY 8 CHARLES P . HARRIS , CLAIMANTS GEORGE P . PERES COMPANY, INC . , and CHARLES P. 9 v. HARRIS (SECTION 911. 4 OF THE GOVERNMENT CODE) 10 COUNTY OF CONTRA COSTA 11 12 TO THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY: 13 1. Application is hereby made, pursuant to Government 14 Code Section 911 . 4 , for leave to present a late claim founded on 15 a cause of action for equitable indemnity which accrued on 16 April 28 , 1983 , for which a claim was not presented within the 17 100-day period provided by Section 911 .2 of the Government Code. 18 For additional circumstances relating to the cause of action, 19 reference is made to the proposed claim attached to this 20 application. 21 2 . The failure to present this claim within the 100-day 22 period specified by Section 911. 2 of the Government Code was 23 through mistake, inadvertence, surprise , and excusable 24 neglect and Contra Costa County was not prejudiced by this 25 failure , all as more particularly shown by the attached 26 Declaration of George W. Pfeiffer. 232 4 O 1 3 . This application is being presented within a 2 reasonable time after the accrual of this cause of action, as 3 more particularly shown by the attached Declaration of George W. 4 Pfeiffer. 5 WHEREFORE, it is respectfully requested that this 6 application be granted and that the attached proposed claim 7 be received and acted on in accordance with Sections 912 . 4 - 8 913 of the Government Code. 9 DATED: December 16 , 1983 . 10 STODDARD, LEPPER & FALCO 11 12 By G W. PFEIFFER 13 ttor eys for Claimants G E P . PERES COMPANY INC . and 14 CHARLES P . HARRIS 15 16 NOTE: The address to which notices relating to this 17 application are to be sent is: 18 GARY M. LEPPER GEORGE W. PFEIFFER 19 STODDARD, LEPPER & FALCO 1601 North California Blvd. 20 Walnut Creek, CA 94596 21 22 23 24 25 26 233 -2- ..-ti'., niti•A wrt t/f:h.,» . ..,ny'% �.:�� " �.S� t .-u>^is J.�..�1.j au OSIDEN�'iAl ")HASE AGREEMENT AND UEPO.;�i�t,•trtr/i `wEo tk �•�fi '' ,,, },.` ...I ..,.._... ». »...:. ..._.. "........ .... .... » .......... ......,..:.,:i bertinaltef designated a PURCHASER. Ltnalais;.6A.400..00...f Sixtytthousand .and+nO/1tJ0-.a+.r..s. T-.r..s..aa•.-..,.-.x,air.r.,r..s.-n.a.-.,rt..-..ae.a�.r�u.�nrD�UR51 j :goad toy Gash 0.Personal Check 0,Caddied Check Ck Caihiaes Check f i,Offset t 1: ::...... .............to be deposited in trust upon acceptance of ,lits otter, + Deposit so agauat el'the PURCKM PRICE at s-424.,000-.00...0ne..hundred.. twenty r.four...thuusarad-..,&..no/-l06b"si ting feai properly si:wted in the city ot.....I''Sar.t'iner....,.........»»................. county of....Contra Cos t:a..-., state of...Calif arai,a_..... , ± :tined ...114!,'1.9..............»..._... .,:............................:,_.... ..............,......._._. .., . .......,.. :»..._...:....:.»..... .»....,�: ».........».........j...M.»c,.. -..»,.! . .�. . ....,........_........... .......:.t..._.»............ ...... .»._......_ .»..»....» "an 1118 following TEA1tS and COe ITWNS, .al t r had Addendum, Pa yes 1 & 2. � DENapM. TM rotating and radern of.same dire, signed and attached hereto is included M this egreeaatal: Addendum &...2..................................._.... tUREs. Ali Inglamaitats, futures, attached wale to wall r:acpttiolO, other attached floor coverings, draperies including hardware, shades, blinds. wffndogo and door fiat itorfa sash, co"094400+s. awnings. outdoor plants. Nees std itarns pornnanently attached to the (tit ptajierty au fautudtd, Uwe$$ specifically 4aeluded.. lISONAL PROPfBT1j. The 1ptlowing personal property, on the prcr4ises when inspected by Purchaser, is Included in the purchase Ohre and shaft be trSWofed ill not working ofdcf.oak;t oibtrwisf stated herein,by a Warranty Bill of Sale to Purchaser at close of escrow. .... ..»....»...».....�..»»..... «.�..::.»«..: . a..� raj ....»..,....._...».... .......» t' .....»......».............»................................»»..............»..»....»� ..»....»,.....,»..».».»..............,...... ... ........ I . CUM&RANCES is frtdilioe to an encuprbrancesi(clogged to aiwve. Purchaser stall tafit title to the property subjt5 to: if Real Estate Tues wt yet due std ))) .ortaiail, "posh, s,(etttii{+ans, rights gay anti easeantats of record,it say, which do not water ially affect the value of intended use of 11re POW Il. . 'moot of Sol Bond PJ asseswa,t'wW,is ti lien shall beikpaid,t7 assuaged by....Sed.ler.....»...»... ....»..»_..' r AMINATION OF TiTLE. IS f�paaalldays faorn date of acceptance bettor age allowed list Purchaser to eeamise the title to the Politely and to (teal in any valid obiett►Ogs 0 eta.Any eu0l►tiwas to lite title which would be disciuied by rcumnalwn of Use iccotds stuff be detested to have beta accepted wahess cooed:as wiiW. wttbbr ssrdal$ days, It tiwrtwseo 4bp:cls to any trcepliwts to the idle, Seller shall use due diligeact to remove such extepiians at his own , case before Ease of,Escrow.. But if w{h eacepiions "allot be (esuoved befoge Close of Escrow, all rights.and obligations heetuader nay* M thfi o1scosa of Purctwse(.Ieratiaiit Jod earh and tilt detwsit$bail be sauteed to Purchaser,unless he elects to pulchase the property subject to such tictpli"L i :IYENCB OF TIM iigf lhr'w!oi of t'o a Tmsticy W title iasur,um:r,I 1 allies: . . . . .... .... . . to be paid to by BityCL:..... ..................... .... ». - ».... .OSING..While-.3D-•..days ttom acceptance both parties shall deposit with an aullanited escrow holder aU funds and insttunrenls tucessagfr ..thegK t49daay Willi Ute tftads her tut, Tberoalitl,say pagfy, including Agtnt, may dei"lost Use totals of sale. 0 daysPOSIT INCI19A►SE 0 L IQUIDAT9D DAMAGES. The deposit shalt inplaso to;100.,.00Q.. ;ihinJ�KkkXXWi m aectpianit,f4 9x initialing this provision Purchase .., Ca.�11�`?'and Selier:.,r �' &glee that in the great Purchaser defaults til : pefeuaRCB of t4i's ajreeateatsenor shall retoin said deposit. or three percent %!of the ppurchase pfke whicbover is the en&r &s ' uidalad sales fu soak default. The remainder of the deposits,it any, shalt he refunded to Purchaser. XUPANCY. Pa1iuha shad by livete4 to hichiseh. IQ Upon r+4tordation of Ike deed, Ll After recordation,but not filer thus anjdaight of.»..:.»..................�..,. its$ Seiler has pacsftd Ike piegnises phot W retardation of the deed. Seiler agrees to pay Purchaser S........... per day from fecordalion to diff pOsiesSWIl 4glimed and to teary is escrow a sum equal to the above per dicta amount utulliplted by flit number of days ham dais of closing to We date allowed IN delivery a tsessioa. Said Brim Io be di$bwsed to tar pefsoas entitled ,h"a"lo an ihne dale jwssessiun is delivered. Sit OF LOSS.Any risk of Ipss t0 the property shalt be bolas by the Scher unlit title bas born conveyed to the Purchaser. 04AT10NS, heats! tries, preigiurns on inswarso iccep able to Purchaser, interest and other expenses of flit property to be protaled as of 14cordatioa 4111411414. curio deposits, a0viare rentals at "oasoct3tions involving futuge lease credits shall be credited to Pwdhaser. AINT9NANCE. Until possession is delivored Sellet agiets to auialaire healing, sewer, piunoing and electrical systems and any built-in appliances and erpdpearo in ,Anal walking arder,'to poi+stain Ike grounds and to deliver the properly with no btokea window of shower glass. OTICES.Of scftpiasce kereol, Sell$# walrants 11:,11 he bas a notice of violations selatacg to Ute property, frown City,casoniy a State agencies. i 'FAULT.In the event !lint Puuhaser sWif default in flit pediusil utce ar this aetecarent, ogles% lite pasties have agreed to a provision lot Hquidated•daanages abowe. •iter ray, subject to any rights at the agtirl itrrenn, (el,1ia Purchatr's eledt W old account of "age% sustainod and stay take such actwu as he deems apf"Wiate to Llect such awilioetal datages as guy have letaa imivally sustained, and Putchwset shall have flit right to take such action as he deems appaopriale 10 000W 100 . 'ttios of the deposit as alar be allowed by taw. to lite event 111A Yugchaseg shat! so dchuill• unless h"utchaser &silt Bente have agreed to i►quid;ted elasa ges, rbr"Aaet '_lrrt to pay to till bdoktrs entiilyd Ibegelo sock camwmissiwss as would be payable by sella i/�hr 4sence of such default. Purchasers obligation i4 saiidd bralitis shat! in adhhl"Ia fay tights which said brokers+coy have against seilr•g in the:event of defaulf. lin flit Client 10431 action is instituted by say party b 111115 1#1604"t 4A .Iosco on ,$ruts of lots aggeeaaoaf, or arising out of the taccullon of this agleeguent or the saic, the pcvailmrg pally shall be entitled to fictive from the Dow Orly 4 $unable silgney its,to be 4cteuained by.lba:court is which such actioa ii WOOL ._-1QVIs/Otis ON TME a9V m slog.Xke provibions punted on the+event side Went which age iaillotsd below by Potchast(sit included in this artea osiz. 1,PEST CQN140L INSPECTION PAID BY BUYER ..... .3.1 WAiVEa OF INSPECTION A.VA APPRAISED VALUE CLAUSE '- "...d.FEST CONTIOL INSPECTION ►Affl IT$ELM AS IS.BUT SUBJECT TO 1lUYE4'S APPROVAL ......#.IF APPRAISED VALUE CLAUS!', ,.7.CONTIMGtMCY-RELEASE CLA4S9.Subject to safe of Putciasee's teat poperly Commonly known as ... iriitAT1ON. ibis otipr "I expire wdess a copy hticol Willi Sellet's written acceptance is detivcged to Purchaser a$ his Agent within. .,..�. » �.dW h0a1 data.. 0149. Tisa* is of tka'61,14ca of this agrgemeat.' s +e eadersleaed Purtitrt Mreby *Chao wr•dew r•seipt at o copy barest lad •shaewiedge further that they hers net received or railed ge rM Sol &banal, or rgpreseelotioas +y the aod•rsiga•d Ajfeat.which ors oat hotels expressed. u i .»Agent LEO: ..T.., .....»»».. ..»....»., LME:•.......«... �+;-. I.••�.�..,.........».�.....�d.' T ''....�'..,,:. ..».... ..,,. t� »..»�..».. ..» .;.L.�,.Mas '^s�.6'....r.'�►�.i+'..r'xrA'w.... ,.. i ' "'- ACCEPTANCE ,;;. .,. . rtMfWUf'10 1 ueckrsigsedclte accepts Uig I'or0j;ou►e orlet.agu!ajrrest'ta sell the keatia fkscribod pwettty la Ilio pri"o Dad as eke testas and conditions toet4ia �fHed tap ptetntigd�oa 18191st)tide Udi�s!above by Purahssrr. : r. ; )TICE:Tt1e anip}lui al sato qt teal Istate tuatu»ssruns is out fixed,by trw.TboV axe tat by each Stoker individually and atay,be t�Dtiabb bBtweBa, Senor andPick&r. - . . { ' .bereby gees fo pay la..... •. '.j . R61, -�' l ., 11141 Mil is this i(ansatl Olt salt WK4 lot services teeedesed. i4 the even!ihat Pwclw+es dctault% and tads to cuutjdefe Ike We.1he Agent shall be tattled to(ective arts hail Oil. but riot tante than W t,wwaissio4 tanned, without peltahte to Acjnd's 61:41s W recover the baliace of Use teaeueiswo rima Purchaser. Ike ftwtuii us"issia This agretaaent b0alchaset W Stittr sk.li owi (Nater slid padbes of Ibeu ahbgataats to Agcul kettuade(, On the 994111 legal MCI" is rnsfiiuhtd Is Cattle"! Wr' ' weisswn++.gca any p0rliaa Lkestuf. Setter spite%W pay the Areal roes" Akbdmmut tion a% lbw cinnat slay adiuetj;e trau-"k- ha allagaty Irt%. This agtetaneal SW is d specifded hettkfilli N id"diLIN a T .tisfarg w flitoi athtc rut whkh coy for M"lire,beiwrca snriher and Agent.r►crpl Vest at atutru4f at Use+DoewissifM Ovof oadersigaod Pouter l rtby edadl to rotelpt P1 o espy 11arsef. /a tiATfia - / T ' ,rt��` d'dl�'..•�sY t-i� 'dam"... "Cal e+sah 161,CAL 101 a ae,eoe *goal 6"t 0990 to"ereaasetsou"eesa.•,..uoae.a► txx••Uea•,wU.w••rwsar r°°> •aaasarso4t��� lust, 'ate a�.wrrirtri...iix0atl�drt► •e:fiisUust.:�ire.:•• .- , � �' tit✓ .tltrlw��ww•u . :. •fll.rr!(r{rralt: to/tt!r'�Ha t�•nt � j ' 11 i t '. :• .'. �� on >jhir Purtlwwr. ant, ! :. �/��`�� '''f /- �� �-,,,� . L /�1� , r' T Q' L... .. ViD Seller. dalr.il covelillp U v real properly commonly known as, �a 11 the 'Un dersigned f utchast:r and Sella hovisy fIrec• to the h)ll(jwinr',l� u ur�agrees tom !: J JJsi XRT%%%xjo pay.. $60 ,000. down on Parcel.."tV'..of .subdivision : (9 acre .•r _•►'�At 'the close of escrow ��../' �CT> ........... .. ........ ..... ..iii. •t..: �A�X VjMX%k,Mg4� . (approxima.Gely...Q..A4y,A 1� buyer will p Ise,�,le•r„an •additional $40 ,000. At this time seller shall hold f 1st .i ' .... ... ......... ...A... . against„ the. parc.�:,l„ftgm close of.,escrow until,,.l, week„after ,completion • `..�. .f..A l..fm .r4�gpleflts.►......( a4& . ..weter,. sy:3tem,• electric gate.r..:cattl.. The„ngte„ shali„be „dor„the•remainder„of,•purcha'se•,price pr`r, utinuttl 1 1 6I, when the• ' ts...are ,to... c...d.4ne....... .... ............ ..................:.....:........ t 1 • •• • ..... . • .......... �� i� � . 3'. �;�Seitler•:ist••to.have.,greparecl.•a„proposal,•for a water 'sysCem ,on,•property eels that is ............... ........... .... ...... ' � ' � . apprgved b the County. Health Departtuent at ,.�..,. ;�o. .... ., .P. '.. ....�............ .... , y.... ...:.. .. .............,. sell s• a ease and t im lement the s e ex ease. .�.... ..........., ... ............. . ......•r... .................... a ..sellersj;kp•... �.1 ;. .” 4. p. plan• al o at se rs •� ............... tsystem plan is not acceptable t.............................................1 the CountHealth the sella ..i I �. ......«.... . .mus.t_.Provide fora separate well on Parcel "A'.r.• that is acceptable tc. .. . .... !I.thl Count .. Health Department..... . .... . ......... .........:...... ............... . Wagr,system or•well is to be installed bX•,7-1-81.•• •, . .;� .« .. .� • 6:,:.i.�f.atai.zk�er...w.ate>c..sysrem ox..:i.n.divld�la.�,. w��.�1..mea.t.:�tl��...Qf..Gh�...�•g��.�h.: � . to rot rotxn. all pf..k4!xeF.'.s .!uRney...Ra d ,thus 000.00) ......... ..... . ... ... I!.1f..watt:r.. Systctn.. ...Clie .InC.tho�l ap roved by tt►e Count.. the seller mus. px,oui.til<...access...(e.asgment) „tu .the well on Parcel "B". .. ........... ....................................:........................ `�8..:.; ��as.�lnen.t.! s •.Kp !e se.t .aside before close of escrow on, Parcel "B" close I.... ...... ... .,...... .. .;' t� e .�e ,}; >ro iizstall County apProve.�i punlp,.and storage tank a>: seller: 9 .. ... .... .... .. .... ,.7. .. l ' � �fl herein aareembnt. upon its execution by both parties. is'herewith_ made an--intecral part of the afore• -mentioned Agreement of S•le. _ / t /• .✓ ............ .. , I....,.t.,» ,..... �1 "'�� ....»� .... » ....» ..:.: ..... .. ........ witness•.. �,. . ..... . .. . .. . .:.....::..... Al:ru{ WtUtrss ...... .........». Areal 11E . Foaq r01•t11My'..7r� �t.•w.wup.1...I�.�/1'wa.•.tr.q.• .r.M NLN.u...•w...f:Y.....Mq.Yt'.i�N MN.Iti t�IgM1.1�Nf..1�' M1�U�MIIKi I , corrr•oaanoh :1 wr 2 35' �, r. �. •tom, ., �!, �' .. �"',e�'�tZ7fA�Vn►+.i r �:: x AW JOUM �TO PURCHASE AGREEM PAGE 2 - �t1 iclC�cnce to AL��i:nlLylt ul .11C(xar./rc•u ,/f�' e �.�t•i;t,,nJ 1-�.� ... .. �.. . ... .. M �'. r �. (�t t r . the 1 urchaspr.and.... ` 11.11L. :,I Uc E�:�lial rnvhrint, the Ieoii litopally commonly only known as �. . .... _..... ... . .. .. .... ' ".�o•�..... .•tp �+..... +. (.... ..... . ... . ............... .� the undorsi#ped rcliaser nd Salter hereby agree to Ilio following: . r _ + f :.. .•i i •, � i . ,'� ( � - s b. 3-Tt at.. aite..of..a �roved.watar..s s.tem..only ..not..at:.build �. . , ' i � IIS '' � ! � � ,• .::..lns .�i.t .iindiviou$.1..wel.l.................................................................. .................... .. �''+' ...;,:, final: �a-•a -payment..is..contingent..upon_Heal th..Department.:Approval ..P . .sCypt;.;. .quantit..y a d...quality. of..water ..supply......I...... .................. ...... •3 na PIF is rlso..contingent..upon..approved..soi,l...analy.sis �" . .required. by the .County..1ar..a..bui.l.ding..permit.......3.ai.l. test ;Wjl..bc pais! for by the: buyer. ...... l?...:....Ae.l. T.—i0.4.0..'nszall..one ..tl)..cat tle..crQsas ,ng..by....7.-1 nOl....whAr.0..Zhq...uppe X.i•nf..gate. is 1pcaUd .(as rttllc1 x 3- 4-.81.)...,ast..see.lle.X..s..expanArv.1.......:..... , 7, ,• i' i �' ``w;A.�..� ',�•�.'�t "t' �, lectric Qj. fir✓ ' ;,. s �l�,t,•• .,5. .�:�►4.�.;egxpas. Go..pAy...buyer...s. portion-..of ain..nate�aK..entxant�..l�Q..PFlvate ��.•79....7t•.dad.,.....5.��.1cr....is....to...Cnsurr�...that...Cti�a...ga.te...ls...i�s�.al.l.ed..by....7.-�-��:- :,.�+• ;'. 14.......I. ..one...Rr..more..of..the.. above...improve.Tn4nt.s...Can.'.t...b s' 1];er will• refµr��.buye. .',s monies.. end..t<. ke„•beck„titre to._•land within .l �.. ,. rotn.•. -1.6.1, If . he.•improvements.,t� 30 daysave.,a„slight delay..Clio. zo .+ ....�r seder b ttiy' • �`� «....„Q.a. s •T ...• . ... . e , . -1- 1 until' t_;7 :• . .. ;improv�i�e�nta re c mpleted..at. which. time„buyer ,shall„have. one, 11• week '•;: ! -14A o :pay•.bal nc of u-chase .price •plus interest to seller *See ........................ y: � � ' .. o �p3yment•-�=t�a�-b :Sell �'� '� •/��. ., ! St .j% '•v. •., yr///'..7-C'b! Lc'r;"J,.�.:.�>=../hs�•y.�4. .Tc cj 1�........C :, .•:•. .t:..tp. "c¢incide..with.1other...three...parcel s.....on..Apxi1.:"30.,• •198L•.aPP • *14,49 • he.; has peen !unavoidjble delay in the completion of improvemegte "du 'to•�w� 1"WeOther;.'seZle-r will ,have •.a...30--day•-grace-•period after' fi-1- ,- ”" unit) . g4l;.B1 €or :improyemTnts to be completed and approved.. t �c �`..;r��-r;��” T1��81;�-the!•seller •y�ill.:pay• buyer'�l”5°lo.�nterest�•per...annu�r�wn...t#�e ;`.',«•', money— hipr=the"• buyer-•has.#],ready•paid- 0200 000)-"unci1-improvement , , t; �iic ticga buyer-Will : pay- balance•:due•� less any••intere•sts �'I"' ' s,��� Cr'✓ i PAZI 4IVIl' i / r}• l5 Tt% hG cG c ' N ii its ixecutinu by Ix,t l mfties, i%1kermith made an integral pt'►rt of the dlore•I � t mentioned gregn%ent a4 S Ig. ! DATED DAUD 17 SeQ �! /:L:�L:,.. (,�ti' �i ��'���r fit ► P cba.ct i'�� ' f eI' 1 ! �Ittcor.el ... .. ..:..... 5dlrl -• �� , .: :� 23:1 witaet:. .. 014 ...17.♦ �. Art N1 t'i�pkss Altai /'01114 INI•p bw ;. j 1 ' �,.�. u1 .a. .w.a••..•,r•. w yr.w.....• .� a:. r... brga.Lta r.•.sa t.•a.«•.w yaw.• �J�w�p�JY q ; M� •RESIDENTIA1..WJI D CHASP AGREEMENT AN . UP T RECEIPT .� �• .,ver► � ' ,�^ ; , �� I , ;'. � . � �. . ' ," •. '' ';, ..CEIVtD ile�kl-:.:-..�•�.1.•.:L.�:;..i...a...1'' .: '.....»....�.:•„�...,.... r.A...,� t fd-,4�...�� s.r.'d+-s=�.].+......•..»................................_..r... ..�,-..- ,,...-y.-�r• r ... «_.,., ....:.,,,..._.. ..» .. _w-husis sitter desissailed a PJACiIASEE 4 -iiL"A.,+•4:':•0::•..- :.r.:spy».riiivt...i�t1 •:l,l... ......... �...+:..+..«..r+�.wr. Dams ':idead:Id by flash(],Nrsoeal Check jZ Cfrtified Check O•Cashier's Check U.Other a:..... ....:».:.«to be deposited in Rust Woo uroplaw of ebb offer deposit a account N the PJRCMU PRICE of$_I.'r�,.1,.�;,;-::Ly q}t•f ,&�i:t+-•}ttN',Re 1't:»{..�;F�y-�s�kll-'•��:E�13�a3E�•�•-fid/ I tai Feat property•situated Is the City of-r::ter L L.«:::.«»«.....«_»w.....»», County ol»«(:;;:.�y:1•• tt.�--.State ot»Zz.1.:.. Oi l 1a--•-•... aai0tda •. t . ,, � . . r .,.w�, . 1,. ! .,...«.......«.�..._......«...«....:..._...»._....-......_....... - .,.�..«,.�....�......:.._..».ttpoa the toflewiag tEAYS ad COMDtitOMS. 'iii'•* :.: l.:�t'Ir�'• .:.Ili, {..�,{.. .� � ,'. .'tt:. � t, �� :+OENDUM. Thi following sddeadaa►of was date, signed sad attached hereto is included in this agreemcat: Addendhun Adden" hen— ........... eti...»+w .q • . �"•y'rVM•+�i.•+1..��• r..�..iiyrwir.rK......« .r..�..��:,M.«..,�,..••ri•...r .«........ . ...w..«...........•..«w....«..-....«...•..•.r.r...• .. , -TUBES. All Imptovemtats,fixtures, atloched wall to wall arpetlng, other attached floor coverings, draperies including hardware, sbadte, blinds, wMdow and dloa ittos. storm ush, eoo6in*4 doors. awnings, outdoor plants, !tees end Moms pttmantntly attached to the teal property are Included, unless asallically excluded. i :RfONAL PRO►ttjY. Tlh�•Isllewint pTwW property, an the promises when Inspected by Purchaser, is included in Use pwobass price and Shell be ItaWorrad in 111081.working"oder,unless atherwise abtad hetean,by a Wutsnly Bill of Sale to Pwchaset at close of ismew: .�..». . 1 .....:.•........-r•.-e. .......»...:......w».-•-•h.....«..»............____....... ...«.............................«......«.....« ..»....................•.» :ICUTADIANCES. In addition to 81111 taeumbrances retorted to above, Purchaser shall take tills to the property subject te. l) teal Estate an not yal dna Sod Gswernsats, eouditigaa.Isslrklima ttghts,of way and Comments of tewtd, it any,which do oat materially affect the value or tateaded use of Una property. to amount of say bond at asses*meot which Is a lien shalt k.Q,pai ,O assumed Oy.«:.;;1103.:.....«......._...._..•.... .`%'CIM)NATION OF ifllm is ififeral dart from date of acceptance boreal are allowed the Purchaser to examine the title to Me property and to argon Is :Icing any valid objections thereto. Any exceptions to the title which would be disclosed by examination of the records shall be defend to have been accepted wakes -patsd {o wailing within said 15 days. If*Purchaser objects to any,exceptions to the title. Seller shalt an .due diligence to remove such ssnu:eplions sl Ws WO ponce before Close Af Escrow. flue It such exceptions cannot be removed before Close of Escrow, all tights and obligations hereunder Slay, at Ike elWAN N e Purchaser. koosiu and end,and ft deposit shall be teluroed It Yutchaser,unless he elects to purchase the property subject to suck getptions. • VIDENCE OF TITLE 14 the furan of p a pocky of title iasuraau, 11 Oat:....... ..................... to be paid Iw by....'.Set•�..`.i:..... ......_....«... ..»»......:. LOSING.Within.;,�,..::dais fnvm acceptance both parties shall deposit with an authorized escrow holder all fends sad insUuIats aecesst�ry to eoahpls 64 tale In ;curdam Wilk are terans hereof, lheitatt fr, any parly, including Agent, nay disclose the totals of sale. ;}v x!:i f S �C: s►� �`' % ti ( TtOSIT INCREASE!AND r10Ut0ATE4 DAMAGES. The deposit shill be inSreased to=10...•,....�a��;rtkln,,,.,,;.;,,...r,.,�:rtoar scalp ,M ttl�terra «..�L^.�'1..»....!.... ...... By Ioltiuting this provision Purchase-..'16.i it.kand Seller:.,.: ' .... ogrta that in The event Fwchsw detaWts IN to pertormace of this agreement. Setter shall retain said deposit, or three percent tg9�o)of the urchass price,whichever Is we lesser,as 14wiliallio "ataages les t}ttcit 604141.4he oemaietor of the deposit, it any, shall be refunded to Purchaser. OU►ANCY.hsseepoe "I.be delivered to Purchaser•, Q Upon recordation of the deed. p After tecordation,but not!slat Una addaight of......r....�.-..• pleas Seller hsslvacated the premises puce( la recordation of the deed, Seller agrees to pay Purchaser S.........M....«.....«..._.per day from teeordallm to data possession delivered and to lea" in escrow a sum equal 10 the above per diem amount multiplied by the number of days from date of closing to the date allowed IN delivery of i»stssion. Said sum to be disbursed to the,persons tnlitled Iheralo on Ili@ dale possession.is delivered. ISK OF LOSS.Any iIA of ass to the pipperly shall be bonne by the Seller uptil title has been wavered to the Purchaser.. :RORATIONS. tents'. Uses, preanunhs on insurance acceptable to Purchaser, interest and other expenses of the property to be prorated as of recordation of Old. curity deposits, advance rentals or considerations involving fulurs lease credits shall be credited to Purchaser. tAINTENANCE. Until possession is delivered Seller agrees to maintain heating, sewer, plumbing and electrical systema and any built-in appliances and WAsIpehat in ormal waking order, In Mihinlaia the grounds and to deliver 1N proPdtly with no broken window or shower giau. , IOTICEf•By peceplapct boreal. Seller warrants lout be has no nolife of violations (elating to the property,from City,County a SSU agencies. :.4FAULT.In 14 event that Purchaser shall default in the petlormanse of this agreement• unless the parties have agreed to a provision fort iluidalsd damages above. WWI Stay, Subject to any rights at thi agent herein, retain Purchaser's deposit on account of damages sustained gad may take such action as he deems appioprlsIA 10 • ylleet Such additional damages as any Mve been actually wslained,and Purchase( shall have the right to take such action as Ito deems appropriate to recover aSc4 7lties of floe deposit as may be allowed by low. In the event that Purchaser shall so default, unless Purchaser will Seller have agreed to liquidated damages. Purchaser "ass to pay to the btokers entitled 1Mrtto such commissions as would be payable by Seller in the-absence of Bach default. Purchaser's obligation to said brokers shall t in addition to any rights wWch said brokers may have against Seller in the event of default. to the event legal action is instituted by any poly 10 tel: sjneme*t b elorce the terms of this agreemente or trisinglout of the eaeculion of this agreement or the We, the prevailing party shall be ealilled to etc iye from We other perry a ? . `sasoaebtt attorney tot to be dsltrmured by the court in which such action Is brought. 4 VISIO"S ON THE REVERSE SIDE.)he provisions printed on the reverse side hereof which art InMeled below by Purchaser ate included is INS agreement: ' ....1.PEST CONTRok !dOlICTION PAiD IT SUTER ..:.....t.WAIVdR OF INSPECTION S.VA APPRAISED VALYL CLAUSE _.PSWCOMTROL INSPECTION PAID fY SELLER ........4.AS iS.NUT SUe,IECT TO eU11ER'S APPROVAL ........a.FMA APPRAISED tlAlYt CLAUSE �.»T.CONT}NGENtr itigASE CLAUSE.Sub0cl to Sale of Putchasat's real property commonly known as .«..««.....«_....._»_.e».»..»...»... 'XFIRATION. 1416 offer shall expide Unless a copy hertol with Seller's written acceptance Is delivered to Purchaser w bis Agent within dsyi from data. "ll. elms Is of ill sung W Ibis agreement. Ae eadersieoed Portles lusrebV acheowtodge rocelpf of•copy berstof sad sidwowledeo further that they bows sof recelve, or railed epla My tslsaheets Mtsprpaestetipe6 by The rodtrsiee•d Aeerrt,uwhlch are feet Aerates expressed. HATED:.,, l Broker _ :.i • , t , t i.. ` j ACCEPTANCE r. ,�p. w gdlrr maefiff be /arpob�otter aced at,acs to 411,IW hgrpja.aelc 411JFogerty!or ore prig and ort be tams ad co"Iloas beraln apedfled Mdud• ` 14;! it tide ItdWfed allow 6y Purihaw. i .. ,.�f i,r+w t� tfrslln�tll► JOTI CE:The amau it of tit!of real I u cotnmiscioai a ant fire by ISw.Tbey are apt by each Booker iadividuatly Sad mey be gepotiabie beaueea ler Sella sad Broker: : ;;l �- OMMISf10N. Seller beraly prams /, �• to pay to.«..«.«' 1:.... -,r_......... .........». die Agent io Ibis 113ASSCIWA.•- ' 'be sale pica fa totvtiCes teadwed. Is die event Uwt Nurdwset del wile soij tails o eompleloo era sale,the Agent shall be tollllted to aceta o"Ulf of pwdtastes posit, but not more Una the comadssiva earned, without prejudice to AseuVs rights to recover Ike balance of the commission lowo Purchaser. The mutual rescission `this ag(samsnt by Putrhraser and seller Mail not idieve said parties of thdir obligations to Agent hereunder. 4 the event legal action is instituted to Collect this .aumissioe, or any portion uweot. Shier sprees to pay be Agent such additional sum as the court may adjudge ressonable for atlorney fees. This agreement Shall tat ..0 We (ip..his of Agent Provided for in say:fislu{g or oUror a8184140111 which may be in affect bulwotn Sollar and Agent,ouept that the WWI of IM CON 4110 a" a spscilred borsin..i s oSdsrapn ed fsMar hereby 6thmew d=es reseipt of o sMy AareN., pI1TED t -- % Trur. of I ,. 1 •'1. .J 1 ir� r i et { •i — rrrOr000lO�M GAM CA{.101 w ~916MeOeb $88IAWMwx*AN e4 NN/M asset?*wasas"oe o �*MNW/�P'�•IildlnpF�•''pwrJrRdr•:,f...r,tlli•^111tiRhri'iylt 1f �:i rli ,•1 •.�i' I1." r ,1 r :"[ 1 �.. tP r. lrlf•. 'r'� "�• • . .._._�...� ADr DUM TO PURCHASE AGREE In•(efereitce to Agreement of Sale between ;:. �.. . ....... ..r...l.:�x 04/l drM/........ .i... .�. ..� Ir 't r ................... 1 .. . the Purchast�r,ani. �.'.... I .. .........: ../. :'.1.1.t(:::1!1.:�..�1........T.va/.....( t ...�c:.%. ...... ..... w :�..........:�..�..:..... ..�. ... .................. ................................................................. .. ., ffie Seller. �iate� ;,. �. : ......77 ............... ........ covering the real property commonly known as it ............................. ...... ...................................................................... .......... ..... .•...... •...................I ........ ............ ........................... ............................................................ ........ .................. I. s ' thft,undersigned Purchaser Anti Sellpr 49reby afree to the following: 1# ycr agreau flu ; . '�'' %' rr! Ili- .. :....•' r.: ,r+�a=:�i; O%4 cu13•40zcres) . ...•••r•l.s...�.1.�4�.7�•j•..«....�... •.............•..... . It•t ••••� .�.. •.....•......... .....••............•.•.........• ................. . .1t•. 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' ADL)PODUM TO PURCHASE AGRtt me F 2 _ I )n reference to Agsecrnant of Sate 171totwtN.11 ..r 1�.r..,K... .i! �!t.o�f j/,::.�.......r ....................... r=.. 1 f4.q•..N,:•• •y: ,w,.u...•••f i•.q.•. • • ..� �I •.+.• /i... .1 �F`./.•.'•.��•�'tf��•V/�••...•.••.••••••q %he Purc mr,and; .;. ... ;��r �1�:.:�,:� 1..�/..... .�'.'•444...c +,.: r..;};........................... "rl ! 1 ...... : :.................................. ................................................................... , �'f qhs Ss:lter,'J tuJ .;. ..� i ! ..................., covering the real property comtnionly known as ... ... . .... .. ... .. ... :..,. . .... ... . . :. . ....... ... .. . ...............•................ ..... ...................... . ................ . ............. ............................................................................... . .......... ... .. .. ti + �Op undersil nod Purchaser nd Seller hereby agree to the following: .",�,I+ . =,r• i-r•1...tr.1.r:'.�:'...;1t: a �l►� a 1,, ♦. MN••a; y..... mt••Lu11c4�.'i. _!• l .F...� �•resvc.cl••sr.ttrr••�.,r;si:4 sk nr,i:• . ' .. ............................ . . ......................... .... ............. t 1 ...I: .n .rin+ j ,15$?• .. .,,. ....1.�f... 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MRor ••of•.the..above-Laip'rovementa••oee'•tr.-W •ful•f 1,110d.1•••t:ber*-Zhe f !'.:..:N.;;:�1.1,;�,y-x+113.-•z• f wul••i►uy�1r'•1:�iiiW T<es...e� VILO.-beck-•�1•t1a-••to••1•atut••Wi.taiin > ' ' ..«»,,. l..w.wj•lj;..��'�,j:L :r.��w.1,�.,......7.�. .tn�•;1..�,}:���lrfi'VQ��IJl•'rt'iG...ywZV$••iir••{f�r�a2•it•••,�.QLA�.:..,'+Li14,..PQ ,/` F••:.»..^ 3�.�...7.+I...� s .; •:rpt:: 1.1.•:at•.�: :.zr•;r�..i�► vs t... .. .,� �:•': , . , .1,;J, t truss :1ft:or..7 l. .►.1...ustt�.1 .l.�.. • .tib ;; i r 11, ,� • �'�' :; ''.►.•• '!�.' f , '' ILN,»»�:�:.{1r.�w�:�a ���.. r.�••�:A:��t,1�:L':,:.1:..�t••t:}�i.cl>,..•ti�:.a:.buy{sr;..sl.::►1.1•.�iav�..on.s..{1�..�wee1; �:;�i�'. ` � : .�.»..NN�-•" i ; ' ;` '!t *Se ~ 14A �- .i)urc .....N.. : ' }.i-r.f.a•r'w�G�t�1•:J:��iJ�ti�Orl s;•'•".i(`1siiZ•..7i�iyNK•1:LSE'f...�'�.:.t1�:►..�•ti���iltit)l�.••t;.�-►..��;►�•�•E!�..�{��E��:.1}.�t��.w...��•'' '4.. t ,.���N•.N-4441, ;34;�'I••�1•�1..�./`//. ..:,•.�.�•/jI/��.�..�•1.�.1►y'V••i��:�rf���.•►�.,.`..�yy��j�I�G►�••F'i.•ri•.�•••�j•.:�.a~\•1�•�•1�•M •� ' 1'• �, Z ,.N..G. ...� ;. . :a:r ••� fc'. iAlv.•••u.I.t1:•-eV«u-r••.t-Etroo-pereeLiv••• p f► ` . *lk ,If ' li�►r1.•' hag 1.00-en �un;1wottlal,ta delay in the aninhletion of improvements;' •. . ..,.. i!}►�,'I:A 4t;we flier;';Pi.�l'dor,'••iii17•'hiive..�i.."tr1...it�y.•�i��ic�"�i'c'fl�il"afCa}1C"T-1-R1 ��: •�:unt: l' 51-81 #or: i �?roveu►�i�to to be completed �•1nd approved. ' at • 1~ �► '�^% Z--s"c ...� Lrp or ISy:.i...ketC •QtL�tbe: .mo;s tltstl -thuy�x—h ►s.,.u}rt:acLy�.. ,iJ.._ aLL}—utttr�-l--ir.�ptotiteCit'.ata.-ei'e :. �' psi% �,. 1}�A /- 1.1a.�.1��LSit►'• . .� ,! f �I1k� Ll1''T'�"�•t/'lCL'�avD'a•i•�t'�••/. �. C/4f � IS T� Gf 'El' 911�LutL1v'.v.�. , •.••. Whe he ein reemc R,'u n s exec lion bye'both parties, is herewith made an integral rt of the afore• " { rsmntio�oid �eement�al �te.�� I ? , ! ,: � ,• ;� �, ' y r; ' �-/'• ' ` 2 Sen T�+1K�/. 1 ..� e�.....j(•.. 'w/fl' '�:�....._,,.»w.,:.Jlstnt wI 13...,_...........w._.....» ww« .. ....µ........»......•..•.........:Agee . '} �FORM 10f_•S s •.i•7s' yrl•►.ow T.W4.of r"wp6ww.•r,N16uN,ws 4;000..,W.AW6"ova,$an 0uwc•.cuNow$A N.w + I/4• PYA'• V10 /_r 004, to 1 •it 1� i�,�;,, f� • • t t. k r _ 4 s 1 GARY M. LEPPER GEORGE W. PFEIFFER 2 STODDARD, LEPPER & FALCO 1601 N. California Blvd. > 3 Walnut -Creek, CA 94596 1(415) 932-3600 4 Attorneys for Claimants 5 GEORGE P. PERES COMPANY, INC. and CHARLES P. HARRIS 6 7 CLAIM OF GEORGE P. PERES DECLARATION OF GEORGE W. COMPANY, INC. , and PFEIFFER IN SUPPORT OF 8 CHARLES P. HARRIS, APPLICATION FOR LEAVE TO PRESENT LATE CLAIM 9 vs. 10 COUNTY OF CONTRA COSTA. 11 . 12 I, GEORGE W. PFEIFFER, declare as follows: 13 I am an attorney at law duly licensed to practice in the 14 State of California and am associated with the law firm of . 15 Stoddard, Lepper &Falco, attorneys for claimants George P. 16 Peres Company, Inc. ("Peres") and Charles P. Harris ("Harris") . 17 The facts herein are within my personal knowledge; and, if 18 called upon to testify, I would be competent to testify and 19 would so testify to the matters stated herein. 20 1) On November 24, 1982 , plaintiffs Alex and Rita 21 Benton filed a Complaint against the seller (Robert Gertz) 22 of unimproved land located near Bear Oak Lane in Martinez -, 23 California. Peres, a grading and paving firm, and its 24 foreman,- Harris, were also named as defendants. Gertz employed 25 Peres "to grade and pave a road leading from Bear Oak Lane to ` 26 the plaintiffs ' property. The Complaint alleges that Peres and 1 Harris failed to construct this road in conformity with plans 2 and specifications prepared by DeBolt & Associates . 3 2) On April 28 , 1983 , plaintiffs personally served 4 Peres with a copy of their Complaint (attached to the claim is 5 a copy of the Summons reflecting personal service on this date) . 6 Peres referred the matter to its insurance carrier which, in 7 turn, referred the matter to my law office. On May 25 , 1983 , 8 our firm received the file from the insurance carrier. We were 9 instructed to enter an appearance on behalf of Peres and Harris . 10 On June 4, 1983 , we wrote Erle Brown, the President of Peres , 11 and asked to meet with him to discuss the nature of the project. 12 On June 9 , 1983 , we filed an Answer to the Complaint and a 13 Cross-Complaint for Equitable Indemnity against the other named 14 defendants. At that time, we were unaware of the County' s 15 involvement with the project. 16 3) I met with Mr. Brown and his personal attorney on 17 September 1 , 1983 . (The meeting was delayed as a result of 18 conflicts in the calendar of Mr. Brown's personal attorney. ) 19 Mr. Brown provided us with most of the documents from his file 20 relating to the project. He advised us that he was not 21 familiar with the day-to-day operations at the project and that 22 we would have to gather this information from Mr. Harris . Mr. 23 Harris , however, at that time was no longer employed by Peres . 24 Mr. Brown ' s personal attorney offered to coordinate a meeting 25 with Mr. Harris. After many attempts to schedule a meeting, 26 I finally met with Mr. Harris on October 25, 1983. During this -2- 242 1 meeting, Mr. Harris informed me that the County had approved 2 all of the work performed by Peres . Based on this information, 3 I was of the impression that mere "approval" of work did not 4 merit the filing of a claim. Mr. Brown' s personal attorney, 5 in attendance at the meeting with Mr. Harris , stated that he 6 possessed additional documents relating to the project. I 7 decided to schedule a meeting with appropriate County repre- 8 sentatives after I received the additional documents. In the 9 meantime, plaintiffs ' attorney scheduled the deposition' of 10 Charles Harris . Shortly before the deposition, the additional 11 documents were provided by Mr. Brown' s personal attorney. On 12 December 6, 1983, plaintiffs deposed Mr. Harris. At this 13 deposition, Mr. Harris testified that the County had not only 14 approved the work of the Peres Company, but also set forth 15 guidelines and conditions of the work. It became apparent to 16 me that Peres relied upon County inspectors in performing 17 its work. 18 4) On the Friday following the deposition, I discussed 19 the testimony of Mr. Harris with Gary Lepper, the partner in . 20 charge of this file. Based on this .meeting, we decided to" file 21 a claim for equitable indemnity against the County. 22 I declare under penalty of, perjury that the foregoing is 23 true and correct. 24 Executed this 16th day of. December 1983 at Walnut Creek, 25 California. 26 G_ RGE W. PFEIFFER 243 -3- 1 PROOF OF SERVICE BY MAIL 2 STATE- OF CALIFORNIA ) ) sq. . ...... r. 3 . .. COUNTY OF CONTRA COSTA ) 4 5 I am a citizen of the United States and a resident of the 6 County of Contra Costa. I am over the age of eighteen (18) years and not a party to the within action. My business address is 7 1601 North California Boulevard, Walnut Creek, California 94596. 8 On the date set forth below, I served the within APPLaICATION FOR LEAVE TO PRESENT LATE CLAIM BY CLAIMANTS GEORGE P. 9 PERES COMPANY, INC., AND CHARLES P. HARRIS (SECTION 911.4 OF THE GOVERNMENT CODE) , with attachment - Simmons/Ccoplaint; 10 CLAIM FOR INDEMNITY AND CONTRIBUTION; DECLARATION OF GORGE W. PFEIFFER IN SUPPORT OF APPLICATICN FOR LEAVE TO PRESENT LATE CLAIM 11 12 by placing a true copy therof, enclosed in a sealed envelope 13 with postage thereon fully prepaid, in the United States Post Office, at Walnut Creek, California, addressed as follows: 14 15 BOARD OF SUPERVISORS 16 CONTRA COSTA COUNTY 651 PINE ST. 17 MARTINEZ, CA 94553 18 19 20 21 22 I declare under penalty of perjury that the foregoing is 23 true and correct. 24 Executed on December 16 , 1983, at Walnut Creek, California. 25 v 26 GRACE H. PASION JIBBONS, STOODARD, LEPPER & FALCO A110W V5 Al LAW 1E01 Nwf Laksmma&"d W"AW1 CM(K.CA W5* 244 ��Isi+i u•�ew DATE: December 16., 1983 TO: Board of Supervisors - Contra Costa County 651 Pine Street r .. Martinez, California 94553 SUBJECT: CLAIM FOR INDEMNITY AND CONTRIBUTION Pursuant to §§ 900 et seg• of the California Government Code, PLEASE TAKE NOTICE that a claim for indemnity and contribution is hereby made by the- GEORGE P. PERES COMPANY, INC. and CHARLES P. HARRIS . CLAIMANTS: GEORGE P. PERES COMPANY, INC. and CHARLES P. HARRIS NOTICES: Notices are to be sent to GEORGE W. PFEIFFER, Stoddard, Lepper & Falco, 1601 North California Boulevard, Walnut Creek, California 94596. OCCURRENCE GIVING RISE TO CLAIM: ALEX and RITA BENTON are the owners of 9 acres of unimproved property in Martinez , California. They describe their property as the northwest 9 acres of MS-114-79. In a Complaint filed November 24, 1982 (a copy is attached) , plaintiffs allege that they have been damaged as a result of the failure of the sellers of the property to complete construction of a road from Bear Oak Lane to their property. The sellers employed the George P. Peres Company, Inc. to construct a part of the road. Charles P. Harris was the foreman on the project for the George P. Peres Company. Mr. Harris followed the County's advice in constructing the road. 245 IDENTITY OF PUBLIC EMPLOYEES: At this time, GEORGE P. PERES COMPANY, INC. and CHARLES P. HARRIS do not know the name (s) of the public employee (s) causing the damage. DAMAGES/INJURIES: Plaintiffs allege that as a result of defendants ' failure to complete construction on the road, they have suffered emotional distress, wage loss, economic loss due to the sums paid to the sellers for the purchase and monies paid to architects and the ' like to design plaintiffs ' personal residence. Plaintiffs also seek to recover punitive damages and reasonable attorneys' fees. The GEORGE P. PERES COMPANY, INC. and CHARLES P. HARRIS seek indemnity and contribution from the COUNTY OF CONTRA COSTA. DATED: December 16, 1983. STODDARD, LEPPER & FALCO By GEOR W. PFEIFFER At rn ys for Claimants G ORGE P. PERES COMPANY, INC. a C RLES P. HARRIS ` 246 -2- i 6Uu MQrt9omury Street` San Francisco, Calift:►ti�- 94111 All IOR We") ,' 1lL,ptptl . • Wal Mme pl teWl.Iuo.r.al o!atl.cl W Yi.nch Gt'••, d any,anJ Pool 016Ce Md Sis Sol AJWeis ; . , . CALIFORNIA SUPj IOR COURT OF CONTRA COSTA COUNTY !ALEX R , DEUTON �ND RITA 14ANDELMAN DENTON , cu<�11o•►IT�s iROBERT C, 'GERTZ, JOHN HIGGINS , WILLIAM 0. RYAN, individually and dba DRAGONFLY INVESTMENT GROUP, a partnership, GEORGE P. PERES COMPANY, a partnership, GEORGE.. : : P. PERES COMPANY, INC. . CHARLES P. HARRIS, DARLENE NORSTROM. UNITfp PACIFIC N$ RANCE COMPANY, DOES 1-25 .ipclusive SUMMONS 24166 ' m9TICEI You have boon Sued. The court may decide IAVISOI Usted he Sldo demanded*. 6t ulburw puede against you without your belp4 heard unless you respond docldlr contra Ud. stn atldiencla a mens quo ltd. to. within 3Q days. Read the Inlormatlon below. •ponds dontro do 30 dial.Lea Is Inforatact6n.4ue Wo" 11 You wish to seek the advice of an attorney in this Si Usled desea solicitor of consolo de un abogsdo'on mailer, you should do so promptly so that your writlon Oslo asunlo, debaria hocorlo Inmodialaments, do iota response. it any, may be tiled on lili%o monara, su respuosla oscula, lit hpy aiguna. puede t6, rogisuada a Ilempo. 1. TO THE DEFENDANT: A civil complaint has boon filed by the plaintiff against you. if you wish to deland,this itwowL you imust.within 30 days alter this summons is served on you, filo with this court a written response to the complaint. UnlRss you:Qq so, your, default will be pniorod on application of the plainlill, and this court may enter a Iudqment agijnst you for the relief d4manded in the complaint, which could tesutl in garnishment of wages, laking as moms far plppelly of othet relict i4quested in tho complalnt. J. R. OLSJO11 4 ' OATEta; .DEC { ti ,064 1. � . .Clerk.Cy ;4 41 { i {41 2. NOTICE TO THE PERSOA;dERVED: You are served (SEAL) ! a. As an individual defendant. b. (�As the pat son sued under the fictitious name of: ;•' ! ! c. P-40n behalf ol..G4t0r2 ,1p,� . !. . . . . . • •,'• Under: Q CCP 416.10(Co(poration) Q CCP 416.60(i!AInor) (�CCP 416.20(Defunct Corporation) Q CCR 416.70(IncompeWW L�CCP 416.40(Association or Partnership) Q CCP 416.90(Individual) d• [] by personal delivery on(Date):. yf1 BJ, A t•odlen response must Os in the loom pl/sco,bed by the CealotMa Ruins a Court. 11 must be teed in this cowl wdh the p.opst WiN lee an/MN of ae11r1[e jot a copy at each pia.nldl's •nolnej and a1 each pia,nhfl net repoessntad or an a11/tMT. The time when a Summons Il deMted Ser v on a psrlr&V weir depending on the method o service Fa&.ample. see CCF 413.10 Waugh IIS$0. The word'•comosim"kwAisi a vaiwoo ssw p auwlf' Includes i•tsa te/wPlalnanl."delendeM"k"desService) n croee oel/ndeoN,u1/srn0ular Wgwes she plwsl. wasa ler Fogel W►er11 Aoopl/o by Rule Sit (see r (�4 T j..I•c,al Co„nt:a as t:al.lern.a SUMMONS I , W s13.ta.1(i.11 Meuse(iisulw�enwrr t. 19rs 411.10. ' • (::;.;`^..�^T'./tJl�'f►f�R.'!A"'1r7"'T ` INV TV ret s•a�:.awr r..••�n...o�nR • ... t�' lr .w .r' •ir r.r. + PiIOOF. SERVIC;. 1.1;�11i4 1113e sopnroro proof o(.r rico for each person sorvtu 1. I iorvad the p [� summons [D cOmplornt Q amendeu summons amended complaint p. On dcigpdant(Name): C. By servfhg (1) C:3 Defendant (2) [) Other (Name dnd title of rc+ationsns,)to person served): dt,Q Bytdfa#ive1Y at © home Q business (1) Date at: 2;Time o!: (3) Address: e. Q 8r marling (1}Date at (2)Niaco 01: 2. Manner of service: (Check propel box) a • 4.' s. Q'personal service.By personally dotiveiing copies, (CCP 415.10) i b. [� Subfltltuted s+rrvice on corporation, unincorporated association (including partnership), or public entity. By leaving, during usual office hours, copies in the office of the person served with the person who apparently was In charge and thereafter mailing (by first-class mail, postage prepaid) copies to the poison served at' ' the place where the copies were tall.(CCP 415.20(a)) C. Q Subfuluted service on natural parson, m+nor, incompetent, or candidate. By leaving Copies A the dwelling r ! ,souse, usual place of abode, or usual place of business of the person served In the presence 019 competent mofntlw Al the household or a person apparently in charge of the office or place of busipass. at West 18 years of age, who was informed of the general nature of the papers. and Inelastic( mail4nq (by lust-class mail. postage prepaid) copies to the person served at the place where the copies were 1011; (CCP 415.20(b)) '"'':•! (Af bch separate declaration or affidavit stating We rolled on to establish reasonable +diligence In Will attampttng personas service,} ',!:n 0.C3 Nail and acknowledgment service. (ly marling (by fust-class mail or airmail) copies to the person serval. 1•',Gi together with two Copies of the lorm of notice and acknowledgment and s return envelope. postage Prow. addressed to the sanoor.(CCP 415.30)(Attach completed acknowledgment of recelpt.) t !• t� e.(3 Gertllled or registered mail service. Uy needing to address outside California(by registered or Certi1104 akmsli r with roturn recuipt requested) copies to the person served. (CCN 415.40) (Attach signed return recelpt e+r other evidence of actual delivery to the person served.) 1. Q Other(Specify code section). Q Additional page is attached. 3. The notice 10 the parson served (item 2 on the copy of the summons served) was completed as follows (iwtri!,,`�'�' 412.30,415.10. arld 474): a. ['„� 'As an individual defendant. s t{ As the.person sued under the fictitious name at: . . • • • . . . . . . . . . . . On behalf of:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . t:. Under. Q CGP 416.10(Corporation) [D CCP 416.60(Minor) Q Other: CCr.4te o.. , r(or tron) Q CCP 416.70(Ir.com aient ) + �., :.CP;'410.40(Association of partnership) Q CGP 416.90(individual) 0.Q By perf:�oral delivery an(Date): . 4. At the time.of fatvice i was at Nast 18 yearfl,of age and not a party to this action. 5. Fee for service:S. S. Person serving 0.Q California sheriff.marshal.pr constable. :..•:..( 'E) Not a registered Calilmn(a process server, f. Name, address and telephone numbe►and b. [� Ragist0red California pi0rjjfis server. !I applicable.county at regisit"on and numbw Employee or independon";w4Mractor of a f registwod California pro s; server. d..Q Exempt from registration under Sus. b Prof, I " Code 22350(b) I declare under penalty of per jury that the foregoing (For California sheriff. marshal of constable use only) Is true and correct and that this declaration is executed I cattily that the foregoing Is true and correct and that on(Dale): . . . . . . at(Place): 1114 carulicate is executed on(Date):. . .' ' ice):. . . . . . California. at(t . . . . . .�. Catitornls 2 Wis-,kk lr aisre 'i� �+iNdlru �etj� _ �.w '_� r'rr { �...... .".._.._. ..... . __��S,gnrrwtl�......�.....►...,.....� ;tt :l..c;:��.! �:iil•.L4:.,;ila �•. 11.w:ti, .t .ti ..... i ! . .• .n .rl ntacttttr to Nrwa.rr:lldtnrw , •{ t � .. "...`,. P t. .. .a Iii t rwi L�tu l. � ' 1; 'MICHAEL A. >i `htAN, ES ' IAW OFFICES OF ALBERT E. LL:VY, P.C. ( ' i Z ;A professional corporation 600 Montgomery Street O • ' 3 i San Francisco, California 94111 NOV 2'14 1932 I (415)!;788-8 331 4 ; I �_. 9 i i JJ�. OLSSON County Clerk I i (Attorneys for Plaintif s cc,vI I t•��;osrnCOU tvl'•: i S, '' ,• ray 6 I i ; I i. CALIFORNIA SUPERIOR COURT - CONTRA COSTA COUNTY ' ALEX R. BENTON, ) No. 241663 ; i RIT4 MANDELMAN BENTON, ) COMPLAINT FQR SPECIFIC 9t ,. Plaintiffs, } PERFORMANCE; BREACH' OF: �. t o ! V, ) CONTRACT DAMAGES' FRAUD;. TORT OF OUTRAGE, NEGLI '..+!' ROBERT C. GERTZ, JOHN tiIGGINS, WILLIAM ) GENT MISREP ESENTATION, l 11 0. RYAN, individually and dba DRAGONFLY ) NEGLIGF.NCE, BAD FAITH, I INVESTMENT GROUP, a partnership,<GFORGE } TO IMPRESS A TRUST ` IZ ' P: PERES COMPANY, a partnership, GEORGE P: 'PERES COMPANY, INC. , CHARLES P.jHARR�S'13 ) OARLE.NE NORSTROM, UNITED PACIFIC INSUI i COOMNY, DOES 1-25 inclusive, ) 14 Defendants l ' COME NOW PLAINTIFFS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANTS;: lb AND EACH OF THEM ALLEGE AS FOLLOWS,: 1 . Plaintiffs do not know he true names of the defendants sued 17 herein as DOES 1-25 inclusive, but believe each DOE defendant .to be 'V 18 legal liable to laiptiffs for the events and d® S i�Y P., ages cpwplained of.: ' ',' l�: on Information and belief, DRAGONFLY INVESTMEW GROUP Is AL-: p4krtn xship, whose partners include ROBERT C. GERTZ, JOHN HIGGINS sad ' i 40 ' WILL AM 0. RYAN. j Upon �qfoimatio6 and belief' GEORGE P. PERES CQMPANY . . i 21 ils. s partnership whose' partners -include all the defendant. Upon igfQ lnat$on and belief, GEORGE P. PERES COMPANY. INC. is a' corporation22 . . �. d, 1 'or anized and existin under the 1 23 p y g is 'with its pr r}ofpal place of business in Contra Costa Count, California. 24 ; 3. The defendants ROBERT C! GERTZ, JOHN HIGGINS and WILLIAM 0. 25 RYAN,; and GEORGE P. . PERES COMPANY are 'residents of the County of Contra Costa. The real property mentioned in the Complai' t is located �+ i� Ghet .Coynty. 27 IG. At all times herein complained of, each of the ' efendants � 28 I has een the agent , . Employee and servant of the rLuaininb, defendants,wo Wow"OP . .tsar a.Lm -1- ...."&"N..,..."NIM ► 249 , ..•w+820"M p...s w.r m-ne"v wM �� 2aJ.a; �irr, .. f .. •'Si ! I . � :V. � .t i .. ,.. •.;. .. .1.�, .ij:�i �iia•,� • and Was act1twithin the acope and purpos,6f such agency, employments � 1 '2 1 , and .porvice. Fbrther, , at all times herein complained of, : the acts and plans of each -of the defendants have Leen approved , ratified and . 1 condoned by each of the remaining defendants. Plaintiffs are husband and wife. In 1980 plaintiffs decided , S to purchase approximately 9 acres of• unimproved property in Contra Costa Coynty with the purpose of constructing their persopal residence bthereon. Plaintiff ALEX R. BENTON is experienced us a builder and it 7 : was' the intent of both plaintiffs that once suitable prop rty had been located and purchased,' that ALEX R. BMW would terminacp all other• emplpyment and devote substantially his full time effortslto assisting con$truction of. what would be the neyw home for plaintiffs and . . .'. ,: fQr F4eir infant child. The said nine acres is part of i subdivision when in other lots were sold. ` 'On or aboucAugust 18 , 1980 plaintiffs encountered defendant 12 GERTZ and were advised by defendants that nine acres of unimproved ; 43 pzoperty•were arced by DRAGONFLY INVESTMENT GROUP and were available 14 fo purchase ; said nine acres were denoted as Parcel # 3 5-030-016 and were located in Contra Costa County, California. During preliminary 1S. ! discussions with defendant GERTZ, plaintiffs made known their intent 16 to guild their own residence upon the pruperty, and the fact that ALEX . 17 R. :13FMON would terminate other employment to help accomplish this task. : During preliminary negotiation it was agreed that ;as par—to f 18 any ;purchas� by plai miffs , defendants and each of than would at 19 de nts sole expense mak a twinimprovements to and. about the ZQ property, the most important being the construction of a 'paved road to 121 the property, and the drillinR of a water well. , . 17. On or about April 7, 1981 at Contra Costa Coun> y, 22. California, plaintiffs entered into a written agreement hereafter 23 "Agreement") with defendants ROBERT C. GERTZ, individually and dba DRAGONFLY INVESTMFlIr GROUP, a partnership, and DRAGONFLY' INDWX114.NT 24 GROUP, a partnership.; A copy of said Agreement is attached hereto as .25 EXHIBIT A and by this reference incorporated herein. "� •: 24 8. Under the terms of Che Ai;reement, plaintiffs paid $100,000 towards' a $124,000 purchase price. and executed a note in favor of 27 sellers for the remaining $24,000. Sellers were to complete certain . .r r.ICN A •lPl�L L9vV -2- .•...r.&rw.w .y►IY�LO F.ani .' wW w•ru 0 ' 14'.31a+,1 =1 1► 1 ;improvements , to wit : -roads , water system , electric gateandcattle 2 crossings, by July 1 , 1981 at which time plaintiffs would' full 3' t e ;runaining $24 ,000. During the interim period , plaintiffs' $24,000 . i 'oblf4stion to sellers was to be secured by a note and dee of trust in j 4i ! f vo iI of sellgrs.' i. i' 5 „ i ,. Thr ! ter of; the Agreeine»t were and are just, ffiir and k - d r ps 'pab 'e �a to defen ants-sellers , and the eonsideratio to which ! �ddfe dants-sellers were and are entitled under the Agreement is adequate: j Plaintiffs have performed all covenants, promisFa and cond4tions 'required by them to be performed under the AgrOment. ` l c Al i . FYom d ximatel June 1981 and continuiniz to10 1 } duet; defendants and each of them reached bli ations under the 11 ement, ito wiC: 1 ; I i,i I (a} I. defendants have failed to install the roads bal ained I I j ifor $6 the weement . (These roads are subject to inspection and 13 :.: apprval by the Public Works Department , County of Contra! Costa.. .the 1 j '.p ani and spec i f ications- for these roads are on record_ irtL_.rhe a Iy.., 1� o Contra Costa and are referred to and by this reference- incorporated herein by reference. Said plt"rys are ��:n,_,._rally referred r�v c'��x'a 16 Costa County a:, Ms 27_s-79 ._ M`3-2-2_75-7d , MS 114-79) . 17 (L) defendants have failed to install the electric gate and 18 cattle crossing bargained for in the Agretu,ent. �. 12. To allow defendants-sellers to keep the $100,000 �. lq consideration to date 'received from plaintiffs under the "greement 20 without requiring defendants-sellers to fulfill their obligations 21 thereunder would be to permit defendants-sellers to be un4ustly ;enriched at the expense of plaintiffs. .. � 22 :13. Plaintiffs have no plain, speedy or adequate .remedy in the :0 II 23 ': ordinary course of law, and damages (if awarded) would not adequately.;.,' compensate plaintiffs for all the detriment suffered by ttem u a. 24 ' result of defendants'-sellers' conduct complained of herein. `. 25 Wirhout limitation A igh detrimentas pJ i e have 4 26 suffered due to defendants' sellersconduct includes: I 47 (a) inabili',ty to proceed with construction of their I : residence on the subject rert due to ack of a road; o Mw1:.►-Mss liti:i ,! if . } i , �.t i!ti ., P: �.• t:"'ik i ! (b) ecoll0mic loss due to the termination of other • employtnent� by ALEX R. BENrON in anticipation or working substantially . 3 full-'time pn the construction of plaiticif.fs' personal residence; (c) economic loss for moneys paid to architects and the 1#kefto dL-signplaintiffs' personal rebid . s i (d) economic loss due to the loss of use of plaintiffs' 6 $100,000 paid to defendants-se i i.• (e) emotional distress suffered by both plaintiffs ae e. 7. " result of dcfrn ants' course of conduct as complained of herein; 8 (f) general damages. ' 15. As to all moneys found to be due and owing from defendants . ;,. '• (or any of : them) to plaintiffs, plaintiffs are entitled to I11 pre-judgment interest at an interest rate equivalent to what a lending.... 14 itlst tution would have charged defendants for the use of such money; l It , '. c arge defendants any lesser amount of interest would be to 13' � L >ujustlyienriCh defendants at plaintiffs' expense. 14' J. 16. With regard to the damages set forth in paragraph I of the :firot cause of action pla fs cannor be adeQuatel con Ang ed � Y F therefor because they Id on the property unless' the road (for .which they bar ai 'nstall,ed , and plaintiffs cannot afford 17: to nstall the road at their own ex pens e.suzd—seek--t-he_-additiul damages rum defendants. For all of the reasons set forth in this 191 i rst cause of action,! plaintiffs are entitled to compel specific erf runanceof all of the t of tt�Agrg;ement„by 20 defendants-sellers: 21 COME' NOW PLAINTIFFS AND FOR A SECOND CAUSE OF ACTION AGAINST I ';:DEFENAAM'S AND EACR OF THEM, ALIECE AS FOLLOWS;22 . ` 1 . Plaintiffs refer to paragraphs 1 , 2, 3, 4, 5, 6'.* 7. B. 9,, 23 10 11.. 12 14 and 15 of the first cause of action, and by this i 24 reference incorporate Bach paragraph herein. i ' 2. :Defendants-#ellers have breached the terms of the ' 25' ! ' Agreement, for which breach plaintiffs are entitled to recover 26� damages. i t 27 COME I NO14 TIAMIFFS AND FOR A T111RD CAUSE OF ACTION AGAINST DEFENDANTS AND EACH SOF THEM, ALLEGE AS FOLLOWS: .Iv rO.HO..IP fY.1 I : �..�.Sli:.j..:;.�. i.4'!t.�.i�::U,..:'i.:11...i s.(U... :' •� ... . .i ... ... � . 1i. Plaintiff's refer to paragraph 1 of their second cause of ' • t��.1;� �' ' action , and by this reference incocpurate said paragraFh herein. 312. On or 'about January 7; 1982 , defendant GERTZ provided i ` uplaintiffs with a letter dated JanarY_L._1.4828igned-� aPfendant i ! - ! MRM' a copy of tt►ia letter is attached ~hereto as EMIBIT B and by this reference incorporated herein. Defendant GERTZ orally I y J`1 ! 6 represented to plaintiffs that the uads which defendellers were Y s- a pursuant to the reem l been com leted" in ` I 7 Jnr h,,d in feet p October 19q1 and has -already received aU_uval from Contra Costa 9 County. Defendant GERTRZ then orally requested plaintiffs to 9� ie�di�tely pay to defendants-sellers the $24,000 still due and owing from plaintiffs Fo defendants under the terms of theAg reement. I : O; 31. Plaintiffs presented a copy of EXHIBIT B and defendant 1. 1 GERTZ's oral representations to plaintiffs' counsel and{ sought advice 12as to whether the outstanding $24 ,000 should in fact b ' paid. Plaintiffs incurred legal fees for their counsel's examination of . ' 13 'MiIBIT B And the facts alleged therein and by defendant GERTZ. l4 i 1 4; On or about April ? l o8' pl a;nriffs_enunsel� and Plaintiffs 15 learned from the Contra �tjr-A►h1 is Works nPnar r'unent that the roa n question had been found to be "structural) inalde uate" on . '16 u y 1 B1 and that defendant CEIM had yet to cowvlete Che road 17 pr ects to the County's requirements, and that as of April 2. 1992 18 tt�a pc of ect�a�ic noE`�cen accepted a ompleCe b C y• 19 5.4 Plaintiffs then informed all defendants of thg a ci.sirepr.esentations set forth by EXHIBIT B and by defendant GERTZ and • ` 20 demanded an itinediate explanation; plaintiffs further stated that plaintiffs would not forthwith a the $Z4,000 because the roads 1 barba nedl for in the, Agreement had not i•n fact been completed and 22, , approved y the un y, an teat of er matters had not bee c Qleted. 2361 Defendants-sellers , notwithstanding their misrepresentations . 21 as et forth in paragraph 2 of the third cause of action, then began foreclosure proceedings against plaihtiffs pursuant to the $24.000 25 note anti deed of trust running from plaintiffs to defendants-sellers. '26 ' Plaintiffs again incurred. legal fees in order to respond to �Z7 defendants' conduct and to bring a halt to the foreclosure proceedings. .28 •L+601T e.Lew, ►� 253 � ` { . l3111'�C tt'�;;} _ �: iI I i I I< Ik�Ir.irUlldiY.U�.�7. 7 Uv culiduct of dcfendanta and 'kch of them as set forth in ' 2 this c�u$e of action was outrageous . malicious, op�ressive� fraudulent 3 and -evidenced a conscious disregard as to the probable damages and consequences likely to be inflicted thereby upon plaintiffs. iMrntlffs are therefore entitled to recover punitive exemplary S damages from each defendant. ! 6 COME. 14OW PIANTrIFFS AND 1'•0R A FOURTH CAUSE. OF ACTION AGAINSP i DEFENDANTS AND EACH OF THEM, ALLEGE AS FOLLOWS: ? ' 1 � Plaintiffs refer to paragraphs 1 , 2, 3, 4, 5, 6 and 7 of © their Oird cause of action, and by this reference incorporate each paragraph herein. {; 2; All of the representations irrp., al) made by --- - ;� 10 defendants and referred to at vara 2 -f the th i rd cau" of nation.:� were falsely and fraudulently made bydefendantsand each of them in { I 1 or er �o (induce and compel plaintiffs t.Q_pay-farthwith to- def endanrs-sellers odefendanrs-sellers the $24,000 due under__the...Agreemant upon. Qmplet n 13 o a mprovetments. 14 3 ° The true facts were that (1 ) defendants constructed e ;roads kith nferior materials and in a manner contrary to the cou-myIs : 'specifications (gore specifically, but without_limitation defendants i la ; inuLu fed driiinage pipes under the roadway of far too small a diameter j17 to Mee e� the .County' a specifications) ; (2) defendants knew that es of anuary 7, 1982 the roads we ther completed per County specification nor had been approvedd by the County, 11� 4: 1 At the time said representations were made by defendants, \1 , 24 plaiptifs believed them to be true and incurred legal fees in .order to 21 trtryto :confirm the facts. Had plaintiffs known the true facts, ,,plfinti,ffs would have brought forth this present litigation before 22 ;now, arjd would not have incurred legal fees attempting to confirm 23 def�endIts' misrepresentations. 5.7 AAt the time said representations were made by! defendants, . defendants knew the same to be false., and knew and attempted to 45 conceal from plaintiffs that such work as had been done by defendants 26 on the subject roads was inferior and not per County specification., 6.'; I In or about the first week of January 1982 such_wor*--,es 27 , i defendants had done on the subject roads was completewashed away by ly —1 ..w orae..a �...,....1Pfo" 254 TIC •:Irl"�:11'Ab1eY '1 r� !{�d•e`dh:.,lla'�j'` v•_� .•,•, {{: ;,.,. .�.�..1�1•.i: .1: to a � _ ;� • I 1 rains, hic i "wash out" ',expobed the substandard work done to date b de n COME N04 PLAwrIFFS AND FOR A FIFTH CAUSE OF ACTION AGAINST NT:DEFENDA II ? ` AND FA OF THM, ALLEGE AS FOLLOWS: ; 1, Plaintiffs refer to ara ►ra hs 1 4 and of t e P b , P. � ..� 6 � it fourth 15 ; clause of action, and by .this reference incorporate each paragraph b herein. I ; 2. qt the time.': the representations (written and oral) were made � 7 { b defends is referred to at y �► ( paragraph 2 of the third cause of 8 action) defendants did not believe said repreaentations to be true. \. 9 Sai`� representations were intended by defendants and each of Chen Co :. induce And compel plaintiffs to pay forthwith to defendants- seller$ ; the $24, 00 due under, the Agreement upon completion of all }1 improvesrnts.;. ` 12 �3. The true facts were that, negligently or otherw� i_se� defendants cQnstru�Ce3 t e error materials and in a ; ' 33 manner contrary to the County' s specifications so that said roadways 14 are cracke4 anJ impassable (more specifically but without limitation', : defendants installed drainage pipes under the roadway of far too small , �S a- diameter to meet the County' s s eci f i cation: 2) d cf ndtuits had ;. 16 .; I . no- r onabiu basis to believe that as of January 7, 1982 t ey MacT 17 COLDa t ►e roads per County specifications or that the roads had 18 been approved by the County. 4• At all times herein complained of, defendants, negligently, .'�.• 19 or otherwise , concealed frow laintiffs the falsity of the said 20 representations, and the fact that such work as defendants had done on t e roads was or reasons o nag gence or of e 31 rwise) inferior pnI61 1 n ;1 2 ;., i ' COME NOW :PIAINTIFFS AND FOR A SIXTH CAUSE OF ACTION AGAINST AGFENnW;S 23 I AND EACH �OF THEM, ALLEGE AS FOLLOWS: 24 I 1 . ; Plaintiffs refer to paragraphs 1 , 2, 3 and 4 of their fifth cause of rction against defendants, and by this reference incorporate ?� �� each said paragraph herein. 26 2. ' Defendants and each of thea so negligently constructed Aulfth 21 ;portions of the subject roads as were donda, by tbao firer r-,noL f 26 (January 1982 that vie f-Lh�L ork to date wag washed .Q,,r y .....•i..•wr..uw ( VOrw•rco.4•M { ; 1 1 255 t _ raids 'due t ,he moor nanehi of the , ds and the failure by 1 . ?�_._ _E !! r i ; .jefundan;ts' to follow WEI s eci f ications. 2 3. i As a proximate result of such nek114ence plaintiffs have- • 3 been proximatel d 4n rhar property has been diminished due to the presence of a washed out , . partially completed, inferiorly constructed road, Fu rther. 'the ' cost to complete a road (per County P s ecifications) at this time has been increased y� ,kl .6 dZe:n ants' said ne6ligence due to the necess,ity__to firstr othe 7 debris from the abortive, sub str lord road begun by defendants; all tc plaintiffs' dama0. COMA: NO i PLAINTIFFS AND FOR A SEVENTH CAUSE OF ACTION AGAINST 9 DEFENDANTS AND EACH OF THEM, ALLECE AS FOLLOWS: 10 . 1 . Plaintiffs refer to paragraphs 1 , 2, 3. 4. 5, T and 7 of th4 third cause of action, and by this reference incorporateeach paragraph herein. 12 2. Included in said Agreement were implied covenants of , . good, faith and fair dealing to the effect that neither party to the Agreement world take ,any action to deprive the other party of benefits d e -under the Agreement. 15 � . 3. � The conduct of defendants-sellers as herein complained of la was in gad faith violation of said implied covtniants , to wit: �efendatts-sellers through misrepresentation attempted tQ •induce 17 p1sinti4fs, to pay the $24,400 due under the Agreement whfn all }8 iimprovtqents were complete, and when plaintiffs learned �f the 19 misrepresentation, defendants-sellers then began foreclosure proceedings against plaintiffs to coerce them to pay forthwith the . 20 $24,000 'When Plaint a d' efforte l' Oalted the foreclosure proceedings , defendants-sellern toen re ed ZZ aver continued to refuse to install the improvemtenta! including, the r srgained for in the: Agreeiment, and have b their course of 23 con uct �required laintiffs to bringforth this litigation secure 24 ' ene itq due .under the Agreement, Sj 4. As 's proximate result of defendants'-sellers' Oad faith ' breach of the implied covenants, plaintiffs have incurred damages 26 including the incurring of attorneys' fees to bring forth this 27 litigation. Plaintiffs are -therefore entitled to recoveF from t -8- MM •r'aM M ; .�..�.... to own 256 • e.r�.M•MN � ' i defc-ti an s7:id7ler:; the xeasonal�le amowit o plaintiffo' attorneys fees. r 3' ih 5. I Defendants' -sellers' breach of the iuiplied covenants i I intentional , malicious oppressive and in co icious disregard of he pxobable(c.onsequences and damages likely to be inflicted thereby upon S plaintiffs ; plaintiffs are therefore entitled to• recover punitive and Ib exmplary dtunages frorq defendants-sellers. C NUW : PLAINTIFFS AND FOR AN EIGHTH CAUSE OF ACTION AGAINST UNITED i . PACIFIC INSURANCE COMPANY. ALLEGE AS FOLLOWS: 18 ; ;` 1 . i Plaintiffs incorporate herein by reference each, every and all. the tltegations of each and every cause of action set forth in thea; . I. �. I c.� lain . . • I }a 2. ) That defendant .UNITED PACIFIC INSURANCE COMPANY issued an . 41- 1 :` I0provem nt Security Bond to guarantee performance and payment for .the `w Wit, 1 roadway referred to in the complaint. ' 12 i ►i' : �° '`3. I The ':said bond covered Performance and guarantee in the sum I3 3Q0.' It guaranteed payments in the amount of $28,150 for " . I .of55, 44materials . 4. i The said b_ ire company has known now for a period of at 15 : leash six 46) months that the ro dway is impro2er - incan lete and is ib y rt�lall�► i►apassable. IIS 5 I Said hondin� ham f:ailPcl to fulfill the tenns of said bond of . which plaintiffs ar _baaufi-C4aX1&fi, 6. I That the plaintiffs are being irreparably dacuaged a� „ 19 i result of the roadway condition which prevents construction of their Zp home and ' access to their lot. AS AND FOR AN EI U-K CAUSE OF ACTION AGAINST DARLENE NORSTROM 1 PLAINTIFFS ALLEGE: 22 . 1 . Plaintiffs reallege each , every and all the allegations of 23 each of thj respective causes of action. Darlene Norstroom is Robert C. Gertz' s girlfriend. 4 , . 3. Robert C. Gertz deeded a lot owned by himself to said ID�rlene Norstrom. Said lot is Parcel No. 35-030-067. Said lot is 1 yb p. rt 'of the subdivision in which plaintiffs' lot is located. 4. Because of the serious problems with the roadway the cost of �7 , curing same and the diunages caused to plaintiff are far it excess of 28 , u. oncy or i , ...cwt t.Lsvr —9- 257 4 sM -�����Ii�.��`i'.Y�.:���itil.. :�t��l•�..'ll��:•�:,1►lhMl+lu 1 t�..�i M1..•.4 t .�. . 1 •ra .. ...i I,. � ... it •ifRSi��L/�134�+� 3. by,: bund Alton, by Yle 'bonding company. c�c use theoadway' i'j>Istalled is now shifted , cracked and broken it t be full reffl6ved and cleared at' great expense before the roadway . jean ,be onstlucted. ' on 41 PfpintI f$ prey for yin in'uncti _prty�r�ting,�� NoreXrm�from -- - S deeding hgr said lot to a new owner because`•'said lot is truly owned by Ito art . jGertz. In she event that GErtz does no 4 1�� :u I �aintiffs hsk for the ri - d1ot._and-..applY•-thc I proceed �o curing 4e defects in the roadway. 1 1 0. J5o Thpt ROBER� C. GERTz and his partners do not have sufficient i ' assets o' secure the building of the road , and unless an injunction is ranted there fs danger of the roadway not being replaced and rebuilt ► i 10 I. 1 WHi.REFORF, plaintiffs pray for judgment against defendants and eaO of thou as follows: 12 , I 1 .. That the Agrewent (EX}IIHIT A) be ordered specifically 13 performed by defendants-sellers , and that as to any moneys awarded i 14 plair�tiIfl that plaintiffs receive pre-judgment interest at the tate M requested. in the complaint, or in the alternative; IS 2.1 That plaintiffs recover compensatory damage and general. 36 d4mageiaccording to proof at time of trial, with pre-judgment interest thereo at the rate requested in the complaint; 37 q • { ' 3.: That plaintiffs request for an injunction against Darlene { 8 1 �, Narr¢trc� be ,granted 4.1 For reasonable attorneys' fees from defendants-sellers; j ` 20 5. For punitive and exemplary damages; 6 ` For coats of suit incurred herein; and 2'1 71 For such other and further relief as the Court deems propef., Z Date: MICHAEL A. KAUiFMAN 43 �"r AISERT A. ,25 1 - ' �1� BY: f 6 P'` �,►+� or Atto eys Plaintiffs 27 2e Ni V, VLP .�' •Nl4t L 6. 1 ` ,, I T y� _10- ..w.ru inry ! 1 � 2 5.8.: • w.wtan y.rr a � V V ' 'a t ll'.W,lI1P'MIOX 64611% +1.3K.r" .:1Ye ..b :b.. L..G.1:i, , 1'w air. ..•.+•.•..ww.�.w I _: 4 e •* � : wts.S Y!H4 wN:.A•.. .,,.,..i . ♦ r •,,t •.,1. .I"J,•,w 1 r, ... . .R•r.M�.1 i SPlihi_T l'r1VJC 41 i :, OW) H.".'r !TAI.. COIL S' } ' t;j-pn:J Teton Y• ' Xrbor. P.-out► Ali t�41 vut:` Ci•cai:, jt::jIil'orai•1 911 i 1 s. r :.uf3 C:C Ac `e!:.; ,':, „ ,sir Ura(ntif l ji v :i:mt,sic Croup (.-o�4r't J t. t Y t Y• y i:lt.r i 1.1 '' C;t'•R11`tts' 11411'e.o. completed + ll,l.;• /ifs'1vs' 01:L,••ti (11 I�i:ts'I...R' i�y 'i '�ii.f , 1'n(:tr•pad `'!,I iii`;i:Ii'i...J acC(,,•c: v! to plait.; and sp&i* i.''icat ions and was iIp tov,,--.i ioy 1.I) 11 tl, /t.i .i.•i (:(11!t�,,,r►/, �l �i1U �l(;:'� i••/.ilt'itit, val 1111(11mation please ! ' Your" r:'u+ , GrO.a;i_ €'. Vr.f f`� COMPANY E �Cvlho,i Oarl(•s P. flar'r•if. 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