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MINUTES - 01311984 - 1.17
CLAIM BOAM OF SL1PMI.SM�S OF OONITA COGTA C!"NW, CALIFORM "M ACTION Jan. 31, 1983 Claim Against the Ommty, ) won 7o aAiMA Tr J� Routing Endorsements, and ) The appy of this document mailed you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to CLUfo nia ) Board of Supervisors (Paragraph III, below) , Goverrment Code.) ) given pursuant to Government Code Sections 913 i 915.4. Please nitre the "Warning" below. Claimant: Rizelino and Irish ParasCOutiS@I Attorney: James B. Werner DEC 2 8 1983 CA 94553- Address: 360 Post St . , Suite 702 Maj,+�' • San Francisco, CA 94108 Amount: Unspecified Via County Clerks Office By delivery to Clerk on Dec . 27, 1983 Date':Reoeived�e c ember 27, 1983 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted Claim. DAM.. Dec . 27, 19 8 3J.R. CI.SSON, Clerk, ByJ4111 Deputy II. FROM: County Wunsel T0: Clerk of the Board of Supervisors (Check one only) (y) This Claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910-8) . ( ) Claim is not timely filed. Board should reject claim on that it was filed late. (5911.2) DATED: JOHN Be CLAUSEN, O xmty Counsel, By • Deputy sp III. BOARD OH3ER By unanimous vote o sons 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 opp'y of the Board's Order entered in its minutes for this date. p r1 Q DAM: 31I� MESON,_J.RMESON, Clerk, by1 • �.: Deputy WJING (Gov't. C. 5913) Subject to certain oweptionst you have only six (6) months from the date this notice was pers pally delivered or deposited in the mail to file-a court action on this claim. See Qwerrnent Code Section 945.6. You may seek the advice of any attorney of your choice in %xAvaction with this matter. If you want to consult an attorney, you should do so 3m ediately. FROM: EWT of the Board T0: County Counsel,, 2 County AdainiRiitor Attached are copies of the above Claim. We notified the claimant of the Board's action an this Claim by mailing a appy of this document, and a meso thereof has been filed and endorsed an the Board's copy of this Claim in aceardwme with Section 29703. DAM: 14h J. R. MESON, Clerk, by Deputy AL �`�' 0 2 C L A I M r F otca8/'1983 AGAINST COUNTY OF CONTRA 'COSTA J. R, OLSSUIv r SUPE VISORL82EIAKRdARD .De u County Clerk 725 Court Street Martinez, California 94553 CLAIMANTS Rizelino and Irish Paras 617- Adobe Drive Danville, California ADDRESS FOR NOTICES James B . Werner, Esq. 360 Post Street, Suite 702 San Francisco, California 94108 DATE AND CIRCUMSTANCES: On or about October 8, 1983 , claimants received notifica- tion that they were named as parties in a wrongful death action filed in Costa Costa County Superior Court as the result of an accident that occurred on March 23 , 1983 , said action being filed by Edward and Patricia Ann Sullivan as a consequence of alleged negligence maintenance of property. This claim is for equitable indemnity against the County of Contra Costa in the event any damages are assessed against claimants as a consequence of the Sullivan action. Claim of the Sullivan submitted by their attorney on June 16 , 1983 . GENERAL DESCRIPTION OF INDEBTEDNESS AND PUBLIC EMPLOYEES RESPONSIBLE: Claimants if held. responsible for damages sought, will seek reimbursement from governmental entity under principles of equitable indemnity. Amount, if any, uncertain. Public employees responsible are unknown. Dated: December 23, 1983 SigVn Behalf of Claimants 030 WISM .DEC 2 9 1983 . CLAIM Martinez, CA 94553 BOARD OF SUPERVISORS OF OMMA C06TA COMMY, CALIFCR M BOARD ACTION Claim Against the County, ) IME TO CLAIMAW Jan. 31, 1984 Routing Endormnents, 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 referenoes are to California ) Board of Supervisors (Paragraph III, below) , Government Code.) ) given pursuant to amerrment Code Sections 913 915.4. Please note the Owarning" below. Claimants R.W.C . California Co . , Inc . Woodhill Develgpment Co. Hillview Associates, Blackhawk Development Co. Attorney: Frederick D. Schwarz Hardin, Cook, Loper, Engel & Bergez Address: One Kaiser Plaza, Wuite 2300, Oakland, "CA 946]2-3686 Avounts $195, 000. By December 29, 1983 delivery to OrL ron - Date':Reoeived. By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim. DATED: Dec . 2 9, 19 8 3J.R. OUSSM, Clerk, By L / - , Deputy e en 11 . Marino II. FROM: County Qbunsel TO: Clerk of the Board of S13pervisors (Check one only) ( This Claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to amply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8) . ( ) Claim is not timely filed. Board should reject claim on ground that it was filed late. (5911.2) DATED: - JET B. CZAUSM, County Counsel, By • Deputy III. BOARD O►RDF.R By unanimous vote of § pervisars p (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: zf J.R. OLSSCN, Clerk, by , qty WARNING (Gov't. C. 5913) Subject to certain mc,eptions, you twve only six (6) months from the date this notice was per gially delivered or deposited in the mail to file-a court action on this claim- See Government Code Section 945.6. You may seek the advice of any attorney of your choice in connection with this matter. If you want to an attorney, you should do so immediately. . FKX: Clerk o County Qmnsel, 2 County strator Attached are copies'of the above Claim. Vile ratified the claimant of the Board's action an this Claim by mailing a oapy of this document, and a memo thereof has been filed and endorsed an the Board's copy of this Claim in accordance with Section 29703. DAA: J. R. , Cleat, by,7,/� P Y I FREDERICK D. SCHWARZ HARDIN,, COOK, LOPER, ENGEL & BERGEZ 2 One kaiser Plaza, Suite 2300 Oakland, CA 94612-3686th 3 (415) 444-3131 4 Attorneys for Claimant CLRK BOARD OOCSSON ONTSUPERVISORS B n TA pO. 5 '.De u 6 CLAIM FOR COMPARATIVE INDEMNITY 7 TO: BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 8 1 . The claimant' s name and post offices address are: 9 R.W.C. CALIFORNIA COMPANY, INC. , WOODHILL DEVELOPMENT COMPANY, 10 HILLVIEW ASSOCIATES BLACKHAWK DEVELOPMENT COMPANY 11 C/O BLACKHAWK DEVELOPMENT CORPORATION 3171 Blackhawk Road 12 Danville, CA 94526 13 2 . Notices should be sent to the following address: 14 FREDERICK D. SCHWARZ HARDIN, COOK, LOPER, ENGEL & BERGEZ 15 One Kaiser Plaza , Suite 2300 Oakland, CA 94612-3686 16 3 . Date, place and other circumstances of the 17 occurence that give rise to this claim: 18 On or about September 27 , 1983 , claimants were 19 served with a Summons and Complaint for Damages for defective 20 construction of residence in Contra Costa County Superior Court 21 action number 251036 entitled "Donald D. Penner and Frances L. 22 Penner , Plaintiffs, vs. R.W.C. California Company, Inc. , Woodhill 23 Development Company, Blackhawk Development Company, Hillview 24 Associates, Engeo, Inc. , and Does 1 through 20 , Defendants. " In 25 said Complaint, it is generally alleged that plaintiffs were 26 damaged by reason of landslide activity on the residential 27 R property they purchased in August of 1976 and which was developed LAW OFFICES OF 28 HARDIN, COOK, LOPER, ENGEL 6 BERGEZ 2300 ONDWAI 6YILOI.. 032 ONE KAISER PLAZA - 1 - OAKLAND,CA 9461E13666 A-CDD.41S_-313, 1S•AM-3131 I and sold by claimants herein. It is alleged that claimants are 2 responsible for damages caused to plaintiffs in the amounts of 3 $160 ,000 for cost of repair , approximately $35 ,000 in loss of use 4 damages, and other damages according to proof. The property is 5 located at 321 Merrilee Place in the City of Danville, State of 6 California , and is also known as Lot 1 of subdivision 4590 . It 7 is the information and position of claimants that the County of 8 Contra Costa maintained drainage facilities in the vicinity of 9 the subject residence which may have contributed to the slide 10 activity alleged in the Complaint. 11 4 . To date , claimants have not been damaged as they 12 have not been found liable to plaintiffs. 13 5 . The exact extent of claimants' damages has not yet 14 been determined as claimants will not be damaged unless a 15 judgment in favor of plaintiffs is entered against claimants. In 16 the event judgment is entered against claimants, they will be 17 damaged to the extent the amount of the judgment exceeds 18 claimants' percentage share of responsibility as determined by 19 the trier of fact. 20 DATED: November , 1983 21 HARD , COOK, LOPER, ENGEL &rPERGEZ 22 23 %Y- FREDERICK D. SCHWARZ 24 Attorneys for Claimants 25 26 27 LAW Orr10E5 OF 28 HARDIN, COOK, LOPER, ENGEL 6 BERGEZ 2300 ORD—BY-IO—O 2 033 ONE KAISER PLAZA OAKLAND,CA 94612-3686 AREA Coot.6•w.-]] 1 2 3 ROBIN COMPTON, being sworn says that she is a citizen 4 of the United States, over 18 years of age, a resident of 5 Alameda County and nota party to the within action. 6 That affiant' s business address if One Kaiser Plaza, 7 Suite 2300 , Oakland, CA 94612 . t 8 That affiant served a copy of the attached CLAIM POR 9 COMPARATIVE INDEMNITY by placing a copy in an envelope addressed BOARD OF SUPERVISORS, ODU M. OF CONTRA COSTA 10 to 651 Pine Street, Martinez, CA 11 which evelope was then sealed and postage fully prepaid thereon 12 and thereafter was on December 28 , 1983 deposited in the United 13 States mail at Oakland, CA. That there is delivery service 14 by United States mail at the place so addressed, or regulfia�r � 15 communication by United States mail between the place of mailing 16 and the place so addressed. 17 I declare under penalty of perjury under the laws of 18 the State of California, that the foregoing is true and correct. 19 Executed this 28th day of December, 1983 . 20 21 22 BIN COMPTON 23 24 25 26 27 LAW OFFICES OF 28 HARDIN,COOK,LOPER, ENGEL E SERGEZ 3 -' 2300 0.o-6uILDING � ` OMR KAISE■PLAZA OA C.CA DA612-3686 AKEA COO[A1p•AAA-3131 CASLE: MAKDIM rt. . • CLAIM BOARD OF SUPBRVI90Ft.S OF CMMT A COSTA COU:TY, CALIFO WA BOARD X=ON Claim Aga#mt the Coin ) RXE TO CLUMMU Jan. 31,19 8 4 Rou 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) , mverrment Code.) ) given pursuant to QNenr ent Code Sections 913 i 915.4. Please note the "Warning" below. Claimant: - Jerry Jahn and Katherine Jahn County Counsel Attorney: James DEC 2 9 1983 James B. Wickershamp Address: 3200A Danville Blvd. , Suite 202 Martinez. CA 94553 P .O. Box 1058, Alamo, CA 94507 Amount: $25, 000. By delivery to Clerk on Date*:Received:December 28, 1983 By mail, postmarked on Interoffice mail fr===T7 T=TnistrE I. FFCM: Clerk of the Board of Supervisors TO: County Counsel tor Attached is a copy of the above-noted Claim. DATED: D e c . 2 8, 19 8 3 J.R. aLW N, Clerk, By /" , Deputy he-Len arino II. FROM: County Counsel 70: Clerk of the Board of Supervisors (Check one only) ( ) This Claim oaiplies substantially with Sections 910 and 910.2. ( ) This Claim FADS to coaply 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: - JOAN B. CLAUSEN, County Counsel, By , Deputy III. BOARD ORD�ft By unnanimous vete o upervis Sors present (� ) This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED: J.R. CMSSON, Clerk, by L:Yd Deputy i4AR Mr., (Gov't. C. 5913) Subject to certain exceptions, you have only six (6) months from the date this notice waa personally delivered or deposited in the mail to file-a court action on this claim. See Goverment Code Section 945.6. You may seek the advice of any attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. FMX: Clerk o County Omrxselv 2 County AdininigUator 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 nor- , thereof has been filed and endorsed an the Board I a copy of this Claip in accordance with Section 29703. DATE:) JAN 3 1 '1984 J. R. c[asm, Clerk, by YLc,14. O )ILC . Deputy 035 ir FF I LED 1 JAMES B. WICKERSHAM Attorney at Law DEC -,�, ?'1983 2 3200A Danville Blvd. , Suite 202 wpm- P.O. f'm.P.O. BOX 1058 J. R. OLSSON Alamo, CA' 94507 CLERK BOARD OF SUPERVISORS 3 ONTRA C��STA CO. Telephone: . (415) 831-1325 C _..... . ¢ `u 4 RECE!VE Attorney for Plaintiffs 5 DEC 2 2 1983 6 Oil ^l Couw! Administrator 7 In the Matter of the Claim of 8 JERRY JAHN and KATHERINE JAHN, A 9 vs. 10 THE COUNTY OF CONTRA COSTA. / 11 12 JERRY JAHN and KATHERINE JAHN, hereby present this 13 claim to the County of Contra Costa pursuant to Section 910 of 14 the California Government Code. ]g The name and post office address address of claimants 16 are as follows: 17 JERRY JAHN KATHERINE JAHN 18 425 El Rio Danville, CA 94526 19 The post office address to which claimants desire 20 notices of this claim to be sent is: 21 JERRY JAHN and KATHERINE JAHN 22 c/o JAMES B. WICKERSHAM, ESQ. P.O. Box 1058 13 Alamo, CA 94526 24 On or about October 25, 1983, in the Town of 25 Danville, California, claimants sustained property damage under 26 the following circumstances: 27 Members of the California Conservation Corps, entered 28 onto claimants ' property located at 425 E1 Rio, Danville, CA and LAW OFFICES OF HARSAUGH Q WICKERSHAM 2200A DANVILLE BLVD. - SUITE 202 POST OFFICE BOX 1056 ALAMO..CA 9450 - ,•�3 j. (415)951.1725 U 1 without permission, cut down several mature trees . 2 The members of the California Conservation Corps are 3 believed to be acting on behalf of the Town of Danville and the 4 County of Contra Costa and in doing the acts herein alleged with 5 the agents of said governmental agencies. 6 At the time of presentation of this claim, claimant 7 claims damages in the amount of $25,000 and for loss of property 8 value due to the unauthorized removal of the trees. 9 Dated: December 20, 1983 -. 14 11 ZAMES B. WICKERSRAM 12 Attorney for Claimants 13 14 15 16 17 18 19 20 21 ' 22 23 24 25 26 27 28 LAW oFFices or 4ARSAUGH Q WICKERSHAM 3200A DANWLLE BLVD. BUTTE 201 POST OFMCE BOX lose 037 -ALAMO.CA 94507 . 06151831-1325 J 1 DECLARATION OF SERVICE BY MAIL 2 I , _the undersigned, am a citizen of the United State's, over the age of eighteen (18) and not a party to the within cause or 3 proceeding; my business address is 3200A Danville Blvd. , Ste202, P.O. Box 1058, Alamo, California, 94507. On December 21, 1983 I served 4 the within: 5 NOTICE OF CLAIM, pursuant to Section 910 of the California Government Code. 6 7 in said action by placing a true copy thereof enclosed in a sealed 8 envelope with postage thereon fully prepaid, in the United States mail at Alamo, California, addressed as follows : 9 STATE BOARD OF CONTROL DANVILLE CITY MANAGER 10 926 J Street, Suite 316 542 San Ramon Valley Boulevard Sacramento, CA 95814 Danville, CA 11 COUNTY ADMINISTRATOR 12 651 Pine Martinez, CA 94553 13 14 15 I declare under penalty of perjury that the foregoing is true and correct. 16 Executed on December 21 1983, .. " at A ,�mo, California. 17 %L k CAt ISCHTMXE 18 19 20 21 ` 22 23 24 25 26 27 _. 28 LAW OFFICES OF IARSAUGH&WICKERSHAM 9200A DANVILLE BLVD. „ SUITE 202 POST OFFICE BOX 1058 L O ALAMO.CA 94507 ` 1 . CLAIM BOARD OF OF WMA COSTA O=VY, CAIrTFUU NIA BOARD ACTION . Jan. 31, 1983 Claim Against the ODUnty, ) IV= TO CLAIMANT Imuting Endorsements, and ) zhe copy of this document mailed to you is your Board Action. (All Section ) rrotioe 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. Claimants Charles Ray Gordon 6190 Rose Arbor Avenue, San Pablo, CA 94806 Attorney: Address: n/a DEC 2 8-1983 Amount: $200. 00 > , By delivery to Clerk on Date%peoeived: Dec . 28, 1983 By mail, postmarked on Dec . 27 , 1983 I. FROM: Clerk of the Board of Supervisors TO: County Oounsel Attached is a copy of the above-noted Claim. DATED: December 28,J.R. OQ.SSW# Clerk, J4 By "F, rt�Lil.t�t%o Deputy Helen Marino II. FROM: County Counsel TO: Clerk of theBoardaf Supervisors (Check one only) ( `) This Claim carplies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to amply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 clays (Section 910.8) . ( ) Claim is not timely filed. Board should reject claim on ground t it was filed late. (5911.2) cA DATED: 1 7 1` JOHN B. ws�, County Counsel, By ` . Deputy III. BOARD By unanimous vote of Supers present (Al 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: JAN 3 119084 J.R. MSSON, Clerk, by Deputy WOM;G (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 on this claim. See mverrment Code Section 945.6. You may seek the advice of any attorney of your choice in oonnaction with this matter. If you want to consult an attorney, you should do so immediately. IV. FROM: Clark of the Board 20: County CounseL 2 County V=Riiior 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 meta thereof has been filed and endorsed an the Board's copy of this Claim in ad-m v-P dance with Section 29703. DATED: J. R. CISSON, Clerk• by. . qty 039 CLAIM TO: ' BOARD OF SUPERVISORS OF CONTRA C0'', SOLINTY ur onglnal application to: Instructions to Claimant A. Claims relating to causes of action for death or for injury trnj�o��3 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 actionImust 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, 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 C"T-Le.5+ Rau C_;_0 1r_�0 Y, I :, Against the COUNTY OF CONTRA COSTA) PiECcj1983 or �� DISTRICT) ON (Fill in name) ) CLERK RD OFS SUPERVISORS O A The undersigned claimant hereby makes claim agai nty of Contra Costa or the above-named District in the sum of $ D, p� and in support of this claim represents as follows: ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) oc,+ BJ I 8.3 ------------------------------------------------------------------------ 2. Where did the damage or injury occur? (Include city and county) C o ►Jt 2a Co 5-E-a �o u n��/ ��� ��>n �`t © ry C�r>~�e r Mar -/in e Z Ca" --------------------------------------------------- ------ 3. How did the damage or injury occur? (Give full details, use extra sheets if required w aS Sere -fro l-, C.� Ce.n 4e-r- -to C. ('. �'. e�v Iry t l c�.,� �'e�l�F rnl /YJ,4r�l A/e Z Cu.. -f c r (O d u y_S z^+ L7 Mo c,(u.I" ,/o>- cle crel<w�. / en's e wS f9lJ Pr,-SO 4.10L( o- e P er-Fy w s a/So �5en� �o >c e i✓z�lo3✓ C'e/Z/ �zr~ c� L-�f? _th_ _12ne6r�_r.r_,s ----- ----------- ;1 What particular ct br omission on the part of county or officers , servants or employees caused the injury or damage? �15{��accn o r � 65��►� a� � P ro� erf 040 /J /7 Board Action : AMENDED CUUM January 31 , 1984 BOAR OF SOPERVI9dRS Cr cam Omm COm'Y, OnFaRm Claim Against the Couity, or District ) IQOR'ICB TO CiAIIW governed by the Board of Supervisors, ) The copyof s t ma ed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 Claimant: K u m a o and T e r u k o Y a m a s h f" 915.4. Please note all "Warnings" Attorney: Craig A. Starr, Esq . Bledsoe , Cathcart, Boyd , Eliot & Curf man Address: Suite 2828, 650 California St. San Francisco , CA 94108 Via County Counsel Amount: $1 ,618 ,006. 00 + By delivery to clerk on January 30, 1984 Date Received: - January 31 , - 1984 By mail, postmarked on I. Fill: Clerk of the Boar 6-f Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated; January 31 , 1984 J.R. OESSON, Clerk, By Deputy II. FROM: County Counsel TD: Clerk of the Board of Supervisors (Check only one) (x4 This, claim complies substantially with Sections 910 and 910.2., e x c e p t a s s t a t e d below. ( ) This claim FAILS to amply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). (X4 Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3), as to all claims (other than claims or causes of action re indemnificatioWnamage to real property) which arose more than 100 days prior to the filing of the claim . �xx) Other:- Ketain copy tor action on timely claim ana return claim which is untimely y 'means- o_ __ a e . Dated; January 3i , 1964 By: 4, Deputy County Counsel III. FROM: Clerk of the Board T0: (1) County Cmmsel, (2) ty Administrator Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD By unanimous vote of Supervisors present ( ) This claim is rejected i"ull. (x x) Other; Portions of the claim considered by the Board rejected in full . I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. ,� �� // Dated;January 31 , 1984j. R. OE SSON1, Clerk, ICAJY B .4 = / r lQhc-wa , Deputy Clerk MMM (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action an this claim. See Government Cade Section 945.6. You may seek the advice of an attorney of your choice in coro-section with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of tha Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: 19 J. R. LESSON, Clerk, By �� _ . Deputy Clerk cc: County Administrator (1) County Counsel (2) CLAIM 042 I CRAIG A. STARR, ESQ. BLEDSOE. CATHCART. BOYD, ELIOT& CURFMAN 2 QUITE 2828 1630 CALIFORNIA STREET 3 SAN FRANCISCO. CALIFORNIA 94108 (415) 981-5411 4 ATTORNEYS FOR KUMAO and TERUKO YAMASHITA 5 - 6 D L; 1833 IN THE MATTER OF THE CLAIM OF J. R. OLSSON 8 CLERK BOARD OF SUPERVISORS KUMAO and TERUKO YAMASHITA v. CONTPA rmTA Co 9 . COUNTY OF CONTRA COSTA 10 11 12 KUMAO and TERUKO YAMASHITA, through their undersigned 13 attorneys, hereby present this claim to COUNTY OF CONTRA COSTA, 14 pursuant to 5910 of the California Government Code. 15 1. Claimants Kumao and Teruko Yamashita's mailing 16 address is 2711 Tulare Avenue, E1 Cerrito, California 94530. 17 2. Correspondence and notices concerning this claim 18 should be sent to the claimants' undersigned attorneys , Bledsoe, 19 Cathcart, Boyd Eliot & Curfman, by Craig A. Starr, Esq. , 650 20 California Street, Suite 2828, San Francisco, California 21 94108. 22 3. This is a claim for contribution and indemnifica- 23 tion of claimants Kumao and Teruko Yamashita by COUNTY OF CONTRA 24 COSTA in connection with claims against claimants Kumao and Z5 Teruko Yamashita in that certain action at law entitled Severson 26 v. Erb, et al. ., now pending in the Superior Court ,of California 27 in and. for the County of Contra Costa, and numbered therein No. 2g 247509. In particular, the following facts'support the claimants,' 43 . .� I claim for indemnification by COUNTY OF CONTRA COSTA. 2 A. On or about May 18, 1983, plaintiffs 3 Severson filed their complaint in the aforesaid action at law, 4 alleging landslide damage to property owned. by the plaintiffs 5 on Stein Way in the City of Orinda, County of Contra Costa. 6 The landslide was alleged to have been caused by improper and 7 negligent maintenance, grading, filling, leveling, design- and 8 construction of improvements , roadways , and drainage systems on 9 and about otherwise undeveloped land in the vicinity of the 10 plaintiffs ' property by these claimants and others. Without 11 admitting any of the allegations thereof, a copy of the said 12 complaint is attached hereto and incorporated herein as 13 Exhibit A. 14 B. The Severson' s complaint was served upon 15 the claimants on or about June 23, 1983. Claimants have filed 16 an answer denying liabilityand asserting affirmative defenses . 17 C. Thereafter, and within the last one hundred 18 days, other parties in the aforesaid action filed and served on 19 these claimants cross-complaints for indemnification against 20 any liability to the plaintiffs Severson. Claimants likewise 21 have answered these cross-complaints , denying liability, and 22 will do so in. answer to all cross-complaints received in 23 connection with the aforesaid action-at-law. 24 D On about December. 8, 1983; plaintiffs-in- 25 intervention, George and Pearl. Bond and Douglas and Genevieve 6 'Brodale, .served their complaint-in-intervention in . the aforesaid . 27 action-at-law on these claimants, which alleged damage from a landslide dueto acts and omissions.`of these.claimants and 2 044 1 others nearly identical to the allegations of the Seversons. 2 Without admitting any of the allegations thereof, a copy of 3 this complaint in intervention is attached hereto and made a 4 part hereof as Exhibit B. 5 E. Additional cross-complaints are anticipated 6 in connection with the filing and service of the aforesaid 7 complaint-in-intervention. 8 F. Claimants are informed and believe that 9 COUNTY OF CONTRA COSTA was careless , negligent and otherwise 10 wrongfully acted or omitted to act in connection with the 11 approval, design, construction, maintenance, soils tests , !2 granting of permits and other supervisional, regulatory, or 13 oversight responsibility for drainage systems , roadways , and 14 other improvements upon land in the vicinity of Stein Way, and 15 that such negligence, carelessness and other wrongful acts and 16 omissions proximately caused the damages of which the plaintiffs , 17 plaintiffs-in-intervention and cross-complainants complain in 18 the aforesaid action-at-law. 19 G. If claimants are found liable to the 20 plaintiffs , plaintiffs-in-intervention or to any cross-complainant 21 in the aforesaid action-at-law, which liability is expressly 22 denied, these claimants are entitled to be indemnified by COUNTY 23 OF CONTRA COSTA on a comparative fault basis due to the. aforesaid 24 carelessness , negligence and wrongful acts and omissions. .of 25 26 28 � 5 - 3 - .' I COUNTY OF CONTRA COSTA which in fact proximately caused the 2 damage and injuries complained of in the aforesaid action-at- 3 law. 4 H. In the event that claimants are found 5 liable in the aforesaid action-at-law to the plaintiffs , 6 plaintiffs-in-intervention, or to any cross-complainant, which 7 liability is expresssly denied, such liability will attach only 8 by reason of the active, primary and. direct negligence and 9 wrongful acts and omissions of COUNTY OF CONTRA COSTA, 'as 10 aforesaid, and the secondary, passive and derivative negligence 11 of these claimants , so as to entitle these claimants to be 12 totally indemnified by COUNTY OF CONTRA COSTA for any such 13 liability. 14 4. . The names of specific public employees who may 15 be responsible for specific acts of negligence or wrongful acts 16 or omissions are not presently known to this claimant. Discovery 17 and investigation are continuing. 18 5. Claimants cannot state a specific dollar amount 19 for this claim for indemnity. The exact extent of the damages 20 of the plaintiffs and plaintiffs-in-intervention has not been 21 established as of this date, and discovery in the lawsuit is 22 just beginning. Also,- the damages of these claimants will be 23 contingent upon a determination of the damages sustained by 'the 24 plaintiffs and by the plaintiffs-in-intervention and upon a 25 determination that these claimants are responsible in some way . 26 for those damages, either by way of settlement .or adjudication. 27 However, as of this date, plaintiffs have claimed expenses. in, 28 excess of $500, 000 for remedial repair work to stabilize .the _ 4 - L . 1 landslide area; $100,000 diminution in the value of their 2 property; $100, 000 in medical andrelated expenses , $10,000 in 3 loss of income and time spent in mitigating their damages , as a 4 result of the landslide; and $108,000- in damages to real property 5 and fixtures. Also as of this date, these claimants are informed 6 and believe that the plaintiffs-in-intervention are claiming 7 expenses of $500,000 for the repair of the landslide and 8 stabilization of the land; $300,000 for diminution of value of 9 real property; and for an undetermined amount of general damages 10 and loss to property. 11 6. Wherefore, claimants hereby make claim upon 12 COUNTY OF CONTRA COSTA for such contingent amounts as claimants 13 may be found liable to the plaintiffs , plaintiffs-in-intervention 14 and/or cross-complainants in the aforesaid action at law. 15 DATED: 16 BLEDSOE, CATHCART, BOYD, 17 ELIOT 18 19 BY: _--- 20 Craig A. tarr Attorney for Rumao and 21 Teruko amashita 22 23 24 25 26 27 28 _ 5 047 y CROSS-COMPLAINTS FOR INDEMNIFICATION AND CONTRIBUTION AGAINST KUMAO AND TERUKO YAMASHITA Action #247509 Superior Court, County of Contra Costa Cross-Complainant Date of Service Jacqueline Shepherd 10/05/83 Harry and Elinor Shepherd 11/17/83 Constance Couts 11/28/83 Lloyd P. Mortensen 01/04/84 Old National Financial Services , Inc. 01/06/84 Margaret Wright Bomar 01/16/84 George and Joan Kasten 01/16/84 VE ct S R �. R. p155 VPERVl50�' CLa K 9 NIRA OF T B 1/18/84 8 I KOUNS , MARSHALL, MAY 181983 QUINLIVAN & SEVERSON 2 1922 The Alameda, Suite 310 ft.IMSON.CounY Clerk San Jose, CA 95126 COts�►COSTA COUNTY 3 (4 0 8) 246-7682 - 8y P.Fitch,DePutY r-:. . . 4 Attorneys for Plaintiffs 5 6 z 7 0 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA 9 10 . o z '" 11 RALPH F. SEVERSON and BETTY SEVERSON, ` w x m12 247509 I Y n Plaintiffs, No. � 'wut « 13 C5 ¢ F a c V. COMPLAINT FOR DAMAGES FOR r ° o e e 14 NUISANCE , NEGLIGENCE, AND FOR C ` MR. AND MRS . WILLIAM G. £RB , PERMANENT INJUNCTION 0 15 MR. AND MRS. GEORGE W. KASTEN, CHRISTINE L. ELLIS , EMMA M. < 16 GOODMAN, MARGARET WRIGHT BOMAR, T� CONSTANCE L. COUTS , MR. AND MRS. 17 KUMAO YAMASHITA, DAVID W. JEDELL, x z URVE S. ROWINSKI , MR. AND MRS. 0 18 SATYA NARAYAN RAY, GEORGIA L. MORRISON, SUSAN A. THACKER, 19 SCOTT CUNNINGHAM, LLOYD P. MORTENSEN, MICHAEL W. WOOD, 20 MR. AND MRS. STEPHEN R. SHEPHARD, MR. AND MRS . HARRY R. SHEPHARD, 21 OMNI HOLDING CORPORATION, a corporation, and ORINDA DEVELOP- 22 MENT COMPANY, a corporation; and DOES I through L, inclusive, 23 Defendants. 24 25 26 Plaintiffs allege: EXHlBiT A 0,j;e I FIRST CAUSE OF ACTION 2 (Nuisance) 3 1. Plaintiffs are, and at all times herein mentioned 4 were, the owners of and in possession and control - of, certain 5 real property consisting of land and -a single family residence 6 at 140 Stein Way, Orinda, Contra Costa County, California, and z 7 more particularly described in Exhibit A which is attached 0 8 hereto and incorporated herein by reference, 7 9 2. Defendants Mr. and Mrs. William G. Erb, Mr. and Mrs. i!1 10 George W. Kasten, Christine L. Ellis, Emma M. Goodman, Margaret e 0 11 Wright Bomar, Constance L. Couts, Mr. and Mrs. . Kumao Yamashita, Z '< < on 12 David W. Jedell, Urve S . Rowinski , Mr. and Mrs. Satya Naravan s < ,, ., J IN 13 Ray, Georgia L. Morrison, Susan A. Thacker, Scott Cunningham, O C F V m J ° : 14 Lloyd P. Mortensen, Michael W. Wood, Mr. and Mrs. Stephen R. i ° o m 15 Shephard, Mr. and Mrs. Harry R. Shephard, OMNI Holding fto .. 16 Corporation, Orinda Development Company, and DOES I through L, x17 inclusive are, and at all times herein mentioned were, the 0 18 owners and in possession and control of certain real property kA 19 consisting of undeveloped lots adjoining the private roads 20 designated and known as Barbara Way and Stein Way, Orinda, 21 Contra Costa County, California, and which lots are uphill from 22 the plaintiffs' property. 23 3. The true names or capacities, whether individual, 24 corporate, associate, or otherwise, of defendants DOE I through 25 DOE L are unknown to plaintiffs, who therefore sue such 26 defendants by such fictitious names, and will , amend this =2- • 3 I Icomplaint to show their true names and capacities when 2 ascertained. Plaintiffs are informed and believe, and thereon 3 Jallege, that each of the defendants designated as DOE I through 4 DOE L is responsible in some manner for the nuisance herein 5 referred to and thereby proximately caused injuries and damages 6 to the plaintiffs as herein alleged. x 7 4 . Plaintiffs are informed and believe, and thereon 0 8 allege, that at all times herein mentioned each of the a 9 defendants was the agent and employee of each of the remaining 10 defendants, and in doing the things hereinafter alleged, was 0 n 11 acting within the course and scope of such agency and i ^ 12 employment. WWF « 13 Q 5. Each defendant' s property is uphill or upslope from V f V G ' 0 „ ;. `- 14 the plaintiffs' property and each such property has been graded 3 i 4 0 15 and or filled in such a manner as to change and divert the S16 natural surface water course and flow. i 17 6. The surface water run-off from the lots owned by z 18 defendants has been diverted and directed down the unpaved 19 roadway designated as Barbara Way and into an area at the top of 20 Stein Way where it was allowed to stand in ponds and percolate 21 into and saturate the soil above the plaintiffs' property and 22 residence. 23 7. Storm drains installed on the lots of defendants, 24 which if properly installed and/or maintained, would have 25 carried the surface waters away from the top of 'Stein Way and 26 prevented the percolation into the soil and saturation of the -3- 1 soil above plaintiffs' property, were so negligently constructed 2 and/or maintained as to be useless in the removal of surface 3 water run-off. 4 8. Barbara Way, which is an .undeveloped roadway, of which 5 each of the defendants named in this cause of action owns a 6 portion and in which each of said defendants owns an easement of x 7 use, has remained unpaved for a period of years and has been 0 Z 8 allowed to erode and deteriorate so that the storm drains and 9 catch basins installed along its length have become useless, 10 with the result that Barbara Way has become a conduit of surface o 7. 11 waters into ponds at the top of Stein Way and into the soil c � n 7 < jc 12 above the plaintiffs' property. " P t J% C C W61C 13 9 . Prior to the grading and leveling of the lots which c I u o o " Vii `- belong to the defendants, , and rior to the construction of 14 9 p 3 15 Barbara Way, the surface water run-off did not flow into ponds N16 at the top of Stein Way, nor percolate into the soil above the x17 plaintiffs' property as it now does. 0 18 10. The grading of defendants' lots, the grading of the X 19 roadway known as Barbara Way, and the lack of maintenance of the 20 lots and the 'storm drainage system has caused a nuisance as 21 defined in Section 3479 of the Civil Code to exist on the 22 defendants' properties which is injurious to the plaintiffs' 23 property and interferes with plaintiffs' use and enjoyment .of 24 said property. 25 11. Beginning on or about March 19 , 1983, 'the earth and 26 mud above plaintiffs' property began to slide down onto -4- 05 I plaintiffs' property as a proximate result of the nuisance I 2 condition that exists on defendants' properties.- 3 12. As a result of the landslide onto plaintiffs' 4 property, plaintiffs have suffered loss and - damage to 5 landscaping, sprinker systems, trees, shrubs, utility lines, 6 sewer lines, retaining walls, driveway,_ curbs, and gutters and z 7 have been required to work continuously to remove mud and dirt o W 8 that threaten to damage or destroy their residence. Plaintiffs 9 have been required to rent equipment, hire tractors, and pay J 10 operators to preserve and protect their property. The cost of � o ' r 11 the remedial work is as yet undetermined, but based upon > ; < < o 12 estimates received by plaintiffs, plaintiffs are informed and !. D W 3n 13 believe that the costs to repair the landslide so as to protect af v o " 14 the plaintiffs' property from future loss and to repair damages ►i < 0 m15 that have occurred and to reimburse plaintiffs for emergency N 16 repairs is in excess of *$500 ,000. C 17 13. As a further proximate result of the nuisance existing z 0 18 on defendants' properties, the value of plaintiffs' property has u ~ 19 been diminished. Plaintiffs are informed and believe that the 20 diminution in value to plaintiffs' property exceeds $100 ,000. 21 Unless the nuisance is abated, plaintiffs' property will be 22 progressively further diminished in value. 23 14. As a further proximate result of the nuisance existing 24 on defendants' properties, plaintiffs have been hurt and injured 25 in their health, strength, and activity, sustaining injury to 26 their nervous system and person, all of which injuries have 053 I caused, and continue to cause, plaintiffs great mental, 2 physical, and nervous pain and suffering. Asea result of such 3 injuries, plaintiffs have suffered general ;damages in an amount 4 according to proof. 5 15. Unless defendants, and each of them, are enjoined and 6 ordered by this Court to abate the nuisance on their properties, Z 7 it will be necessary to commence many successive actions against 0 8 defendants, and each of them, to secure compensation for damages a 9 sustained, thus requiring a multiplicity of suits. Plaintiffs :n 10 will be threatened continually, especially when it rains, with J C , Z 11 landslides, mudslides, and damage due to erosion unless this W z o 12 Court orders that the nuisance condition be abated. 7 < < c zz ' « 13 16 . Unless defendants, and each of them., are enjoined and .. 60 _ 14 ordered to abate the nuisance on their properties, plaintiffs Z 15 will suffer irreparable injury in that the usefulness and N16 economic value of plaintiffs' property will be substantially ti 17 diminished and plaintiffs will be deprived of the comfortable Z 0 18 enjoyment of their property. u ~ 19 17. Plaintiffs have no plain, speedy, or adequate remedy 20 at law; and injunctive relief is expressly - authorized by 21 Sections 526 and 731 of the Code of Civil Procedure. 22 SECOND CAUSE OF ACTION 23 (Negligence) 24 18 . Plaintiffs reallege and incorporate by reference, as 25 is set forth herein at length, the allegations contained in 26 paragraphs 1 through 9 , 11, and 12 of the First Cause of Action. 04 1 19. At all times relevant to this complaint, defendants, 2 and each of them, owned, maintained, controlled, managed, and 3 operated the lots of undeveloped real property along Barbara Way 4 and uphill from plaintiffs' property, and on Stein Way. and 5 uphill from plaintiffs' property. 6 20. Defendants so negligently maintained the drainage z 7 system, storm drains, catch basins, and road surface on Barbara 0 6 Way, and/or on Stein Way, and/or on their properties uphill from 9 plaintiffs' property, so as to violate their duty to plaintiffs 10 and to cause a landslide of saturated soil onto the plaintiffs' t < 11 property. 7 n 12 21. As a result of the negligence of defendants, the real H A4 L p CJ Z i � « 13 property of plaintiffs' was damaged as described in paragraph 12 C ► V o a ` e s 14 above. As a result of said damage, plaintiffs have suffered t d15 monetary loss in the amount of at least $500 ,000 for repairs and 16 reconstruction and in the amount of at least $100,000 in the x17 depreciation in value of their property, together with general P 16 damages for pain, suffering, and emotional distress according to M 19 proof. 20 WHEREFORE, plaintiffs pray - judgment against defendants, and 21 each of them, as follows:, 22 1. For a permanent injunction enjoining the nuisance 23 herein alleged and compelling defendants, and each of ahem, .to 24 maintain their property and the easements appurtenant thereto, 25 and the drainage systems thereon, so as to prevent' erosion, soil 26 saturation, and landslides which have destroyed and will -7- 055,5, 1 continue to destroy plaintiffs' property and interfere with 2 their use and enjoyment of such property; 3 2. For $500,000, or such other amount as may be proved, 4 for the repair of the landslide on. plaintiffs' property; 5 3. For $100,000, or such other- amount as may be proved, 6 for the loss in value of plaintiffs' real property; z 7 4 . For general damages according to proof; 0 8 5. For costs of suit herein incurred; and ., 9 6 . For such other and further relief as the Court may 10 deem proper. 0 x 11 KOUNS , MARSHALL, u N QUINLIVAN & SEVERSON „ � Wxo 12 z ` It : a to « P oQ 14 Attorneys for Plaintiffs r7 < " o 15 VERIFICATION � m _ 16 I , Ralph F. Severson, am one of the plaintiffs in the i4 above-entitled action. I have read the foregoing complaint and vi 17 zknow the contents thereof. The same is true of my . own 0 18 y ki 19 1.4 knowledge, except as to those matters which are therein alleged 20 on information and belief, and as to those matters, , I believe 21 them to be true. 22 I declare under penalty of perjury that the foregoing is '23 true and correct. 24 EXECUTED at � ocA. , California, this 25 14_=0- 4'=0-day of T»G,,,_,_ p - 1983. 0 26 Ralph F. Severson -8- NAME.4ND-ADDRESS OF ATTORNEY. i TELEPhONE NO: 246-7682 FOR COURT USE ONLY KOUNS, MARSHALL, QUINLIVAN & SEVERSON 1922 The Alameda, Suite 310 San Jose, CA 95126 ATTORNEY FOR(Name). Insert name of court,judicial district or branch court•it any.and Post Office and Street Address. Contra Costa County Superior Court P.O. Box 911 Martinez, CA 94553 PLAINTIFF, Ralph F. Severson and Betty Severson DEFENDANT Mr. and Mrs. William G. Erb, Mr. and Mrs. George W. Kasten, Christine L. Ellis, Errrra M. Goodman, N�rgaret Wright Bomar, Constance L. Coots, M;. and Mrs. Kurlao Yamashita, David W. Jedell, Urve S. Rowinski, Mr, and Mrs. Satya Tff 5ran Ray, Georgia L. Mo orf— s'n�—, "Susan A. Thacker, Scott Cunningham, Lloyd P. Mortensen, Michael W. Wood, Mr. and Mrs. Stephen R. Shephard, Mr_ and Mrs. Harry R. Shephard, Ormi Holding Corporation, a corporation, and Orinaa' Developmant Company, a corpo .r1ation and Does I t! t1gou L usive. S U IY�t I N;10IN S CASE NUMBER: 24-1509 NOTICE! You have been.sued. The court may decide iAVISO! Usted ha sido demandado. EI tribunalpuede you without your being heard unless you respond decidir contra Ud. sin audiencia a menos que Ud. re- within 30 days. Read the information below. sponda dentro de 30 dias. Lea fa'information que sigue. If you wish to seek the advice of an attorney in this Si Usted desea solicitar el Consejo de un abogado en matter, you should do so promptly so that..}our written este asunto, deberia hacerlo inmediatamente, de esta response,it any, may be filed on time. - maneta, su respuesta escrita, si hay aiguna, puede ser registrada a tiempo. 1. TO THE DEFENDANT. A civil complaint has been filed by the plaintiff against you. If you wish to defend this lawsuit. you must,within 30 days after this summons is served on you,file with this court written response to the complaint. Unless you do so, your default will be entered on application of the plaintiff, ld this court may enter a judgment against you for the relief demanded in the complaint, which could result in garnishment of wages, taking of money or property or other relief requested in the complaint. ��-► (.[ • . �. s:. �.sa..�a.�4:rs� DATED:. MAY 18 W3 . . . . . . . . . . . . . .Clerk,By PAT €ITCH .Deputy P y (SEAL) 2. NOTICE TO THE PERSON SERVED: You are served a. As an individual defendant. b. As the person sued under the fictitious name of: . . . . . . . • . . • • , c. On behalf of:. . . . . . . . . . . . . . . . . . . . . . . . . . Under: [D CCP 416.10(Corporation) Q CCP 416.60(Minor)' [�CCP 416.20(Defunct Corporation) CCP 416.70(Incompetent) CCP 416.40(Association or Partnership) Q CCP 416.90(individual) []Other: d. tp By personal delivery on(Date):, Svr•t .2-t 1453. • • • . • • , , • , . A written response must be in the form prescribed by the California Rules of Court. It must be filed in this court with the proper filing fee and proof of-service of a copy on each pfaintitf's attorney and on each plaintiff not represented by an attorney, The time when a summons is deemed served on a party may vary depending on the method of service.For example.see CCP 413 10 through 415.50.The word"complaint"includes cross-cornpfamt, **plaintiff"includes uoss-complainant."defendant"includes cross-defendant,the singular includes the plural Form Atlople0 by note 9132 (See reverse for Proof of Service) C' 6 Judicial Council of Caf,fornia SUMMONS CCP 412 20.412 30. Rveved Effective January 1,1979 4)5.10. • (Ire separate proof of service for each person -terved) 1. 1 served the t j . a. 'Q summons Q complaiir, fl amended summons Q amended coo.. faint b. On defendant(Name): e. By serving (1) Q Defendant (2) CD Other(Name and title or relationship to person served): d. Q By delivery at Q home Q business (1)Date of: (2)Time of. (3)Address: F e. [:] By mailing (1)Date of: (2)Place of: 2. Manner of service: (Check proper box) a. Q Personal service. By personally delivering copies.(CCP 415.10) b.Q Substituted service 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 person served at the place where the copies were left.(CCP 415.20(a)) e.Q Substituted service on natural person. minor, Incompetent, or candidate. By leaving copies at the dwelling house. usual place of abode, or usual place of business of the person served in the presence of a competent member of the household or a person apparently in charge of,the office or place of business. at.least 18 years of age, who was informed of the general nature of the papers. and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the copies were left.(CCP 415.20(b)) (Attach separate declaration or affidavit stating acts relied on to establish reasonable diligence in first attempting personal service.) d.Q Mall and acknowledgment service. By mailing (by first-class mail or airmail) copies to the person served. together with two copies of the form of notice and acknowledgment and a return envelope,postage prepaid. addressed to the sender.(CCP 415.30)(Attach corppleted acknowledgment of receipt.) e.Q Certified or registered mail service. By mailing to address outside California(by registered or certified airmail with return receipt requested) copies to the person served. (CCP 415.40) (Attach signed return receipt or other evidence of actual delivery to the person served.) i. Q Other(Specify code section): Q Additional page is attached. 3. The notice to the person served (Item 2 on the copy of the summons served) was completed as follows (CCP 412.30,415.10. and 474): a.Q As an individual defendant. ' b.Q As the person sued unde!the fictitious name of: . . . . . . . . . . . . . . . . . . . . . . . . . e.Q On behalf of:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Under: Q CCP 416 10(Corporation) CCP 416.60(Minor) Q Other: Q CCP 416.20(Defunct corporation) Q CCP 416.70(Incompetent) Q CCP 416.40(Association or partnership) Q CCP 416.90(Individual) Q.Q By personal delivery on(Date): . . . . . . . . . . . . . . 4. At the time of service I was at least 18 years of age and not a party to this action. 5. Fee for service:S. . . . . . 6. Person serving e.Q California sheriff,marshal.or constable. a. Q Not a registered California process server. t. Name,address and telephone number and b.Q Registered California process server. ' if applicable. county of registration and number. c. Q Employee or independent contractor of a registered California process server. d. Q Exempt from registration under Bus.b Prof. Code 22350(b) I declare under penalty of perjury under the laws of the (For California sheriff, marshal. or constable use only) State of California that the foregoing is true and cor- I certify that the foregoing Is true and correct and that rest and that this declaration is executed on this certificate is executed on(date): . . . . . . . . . (date): . . . . . . . . . . . . . . . . . . . . . . at(place): . . . . . . . . . . . . . . .California. (Signature) (signature) 008 1 MINOR J. SCHMID FT, .= 7 `` 7,177t E 1440 Broadway, Suite 810 ` $ Oakland, OA 94612 r r 09 19$� 3 Tel : (415) 832-5460 Enter-d 4 Attorney for GEORGE BOND, PEARL BOND, DOUGLAS BRODALE 5 and GENEVIEVE BRODALE, Intervenors 6 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA 9 RALPH F. SEVERSON and , BETTY SEVERSON, 10 11 Plaintiffs , NO. 247509 VS . lg COMPLAINT IN INTERVENTION MR. AND MRS. WILLIAM G. ERB, FOR DAMAGES FOR NUISANCE, 13 'MR. Aft MRS. GEORGE W. KASTEN, NEGLIGENCE AND FOR CHRISTINE L. ELLIS, EMMA M. PERMANENT INJUNCTION 14 GOODMAN, MARGARET WRIGHT BOMAR, CONSTANCE L. COUTS , MR. AND MRS . 15 KUMAO YAMASHITA, DAVID W. JEDELL, URVE. S. ROWINSKI , MR. . AND MRS. . 16 SATYA NARAYAN RAY, GEORGIA L. • MORRISON, SUSAN A. THACKER, 17 SCOTT CUNNINGHAM, LLOYD P. MORTENSEN, MICHAEL W. WOOD, 16 MR. AND MRS. STEPHEN R. SHEPHARD, MR. AND MRS. HARRY R. SHEPHARD, 19 OMNI HOLDING CORPORATION, a corporation, and ORINDA DEVELOP- 80 MENT COMPANY, a corporation; and DOES I through L, inclusive , 31 Defendants. 82 / $3 GEORGE BOND, PEARL BOND, DOUGLAS 84 BRODALE and GENEVIEVE BRODALE, r 85 Intervenors, 86 vs. -1- MINOR J. SCHMID ^7"*Nir At LAW - 1440*ROADWAY sum•Ie _ SAKLA".efts.Wl f ._ ..,.,.�=....o EXHIBIT B 05 1 MR. AND MRS. WILLIAM G. ERB, MR. AND MRS. GEORGE W. KASTEN, CHRISTINE L. ELLIS, EMMA M. GOODMAN, MARGARET WRIGHT BOMAR, S CONSTANCE L. COUTS, MR. AND MRS . KUMAO YAMASHITA, DAVID W. JEDELL,_ 4 URVE S. ROWINSKI, MR. AND MRS. SATYA NARAYAN RAY, GEORGIA L. 3 MORRISON, SUSAN A. TRACKER, SCOTT CUNNINGHAM, LLOYD P. 6 MORTENSEN, MICHAEL W. .WOOD, MR. AND MRS. STEPHEN R. SHEPHARD, 7 MR. AND MRS. HARRY R. SHEPHARD, OMNI HOLDING CORPORATION, a 8 corporation, and ORINDA DEVELOP- MENT COMPANY, a corporation; and 9 DOES I through L, inclusive, 10 Defendants . 11 lg GEORGE BOND, PEARL BOND, DOUGLAS BRODALE, and GENEVIEVE 13 *BRODALE , by leave of Court, allege : 14 1 . On or about May 18, 1983, plaintiffs commenced this 15 action against defendants for damages , for nuisance , negligence 16 and for permanent injunction. Trial of this action has not yet 1? begun. 18 2 .. In this action, intervenors join plaintiffs in claiming 19 what is sought by their Complaint . 80 3. Intervenors have an interest relating to the subject 21 matter of this lawsuit in that they are the. owners of and..in 22 possession and control. of_ certain real_Rroper-ty_con$-is_xing of. 83 land and single family residences commonly known as # 1 Stein 84 Way, Orinda, Contra Costa County, California and # 3 Stein Way, 85 Orinda, Contra Costa County, California. Intervenors ' parcels 86 of real property are located downslope from defendants ' parcels MINOR J. SCHMID •TT"M"AT LAW -2- 14" 2- 14"@ROADWAY L SUITS s 10 h wam+o.rus.w is �} s4t� pstt4�o 1 of real property and they have suffered damages and are threat- 9 ened by the conditions complained of in plaintiffs ' .-Complaint 3 For Damages For Nuisance, Negligence, And For Permanent Injunc- 4 tion on file herein. Intervenors- join plaintiffs in claiming 3 damages and the injunction which is sought in said Complaint. 6 Intervenors ' ability to protect their interests is not adequate- 7 ly represented by existing parties and their interests may be 8 impaired or impeded if they are not permitted to intervene . 9 4 . Granting permission to intervenors to intervene in this SO lawsuit will avoid delays and a multiplicity of actions and be 11 of no prejudice to the other parties. 12 FIRST CAUSE OF ACTION 13 (Nuisance) 14 5. Intervenors are , and at all times herein mentioned lb were , the owners of and in possession and control of, certain 16 real property consisting of land and single family residences 17 at # 1 Stein Way and # 3 Stein Way, Orinda, Contra Costa County, 18 California_, and more particularly described in Exhibit A which . 19 is attached hereto and incorporated herein by reference. 30 6. Defendants Mr. and Mrs. William G. Erb, Mr. and Mrs. 81 George W. Kasten, Christine L. Ellis, Emma .M. Goodman, Margaret Wright Bomar, Constance L. Couts, Mr. and Mrs. Kumao Yamashita, 83 David W. Jedell, Urve S. Rowinski, Mr. and Mrs. Satya Narayan 84 Ray, Georgia L. Morrison, Sugan A. Thacker, Scott Cunningham, 88 Lloy P. Mortensen, Michael W. Wood, Mr. and Mrs. Stephen R. 86 Shephard, Mr, and Mrs. Harry R. Shephard, OMNI Holding MINOR J.SCHMID 4ROeeM[r AT u►w -3- 144o.bloAcmAr sunt so* wawa.9xs.*"I& •l , 4.�.e.»....o OcI t_.' 1 Corporation, Orinda Development Company, and DOES I through L, inclusive are , and at all times herein mentioned -were, the 3 owners and in possession and control of certain real property 4 consisting of undeveloped lots adjoining the private roads 3 designated and known as Barbara Way 'and- Stein Way, Orinda, 6 Contra Costa County, California , and which lots are uphill from 7 the intervenors ' property. 8 7. The true names or capacities, whether individual , 9 corporate , associate , or otherwise , of defendants DOE I through ' 10 DOE L are unknown to intervenors , who therefore sue such defen- 11 dants by such fictitious names , and will amend this complaint to 12 show their true names and capacities when ascertained. Inter- 13 _ venors are informed and believe , and thereon allege , that each 14 of the defendants designated as DOE I through DOE L is responsi- 15 ble in some manner for the nuisance herein referred to and there 16 by proximately caused injuries and damages to the plaintiffs as 17 herein alleged. 18 g ,. Intervenors are informed and believe , and thereon 19 allege , that at all times herein mentioned each of the defendants 80 was the agent and employee .of each of the remaining defendants, 81 and in doing the things hereinafter alleged, was acting within 82 the course and scope of such agency and employment. .83 9. Each defendant 's property is uphill or upslope from 84 the intervenors ' property and;each such property has been graded 83 and/or filled and maintained in such a manner as to change and E6 divert the natural surface water course and flow. MINOR J. DCHMID •'RORM[Y AT LAW Ikp MtOAOWM' -4— o�mt orRLAMD.C4L/.9"12 - 1 10. Poorly constructed roads , building pads, and associa- ted drainage facilities in the vicinity flf -Barbara Road and 3 Stein Way were not properly completed or maintaned causing sur- d face water run-off from the real .property owned by and under 3 the control of defendants to be diverted and directed down the 6 unpaved roadway designated as Barbara Way and into an area at 7 the top of Stein Way where it was allowed to stand in ponds g and percolate into and saturate the soil above intervenors ' g properties and residences. 30 11. Storm drains installed on the lots of defendants , 11 which if properly installed and/or maintained, would have 18 carried the surface waters away from the top of Stein Way and r 13 - prevented the percolation into the soil and saturation of the 14 soil above intervenors ' property, were so negligently construc- 16 ted and/or maintained as to be useless in the removal of sur- 26 face water run-off. 17 12 . Barbara Way is an undeveloped roadway, of which, 16 intervenors are informed and believe , each of the defendants 19 named in this cause of action owns a portion and in which t0 each of said defendants owns an easement of use, has remained 81 unpaved for a period of years and has been allowed to erode - -----$2 . --and -deteriorate--so-that--the _storm drains and catch basins 23 installed along its length have become useless, with the result 84 that Barbara Way has become s conduit of surface waters into 86 ponds at the top of Stein Way and into the soil above the 36 intervenors' property. 041NOR J. OCNMID &RORMty AT%A%V —5— $440 _$440 aft"D►rar sunt• e . SAMAND.ws.w►t a,s►ssa�..o 063 1 13. Prior to the grading and leveling of the lots which belong to the defendants, and prior to the construction of 3 Barbara Way, the surface water run-off did not flow into ponds 4 at the top of Stein Way, nor percolate into the soil above the 3 intervenors ' property as it now does. 6 14 . The grading of defendants ' lots , the grading of the 7 roadway known as Barbara Way, and the lack of maintenance of the 8 lots and the storm drainage system has caused a nuisance as 9 def:.ned in Section 3479 of the Civil Code to exist on the 10 defendants ' properties which is injurious to the intervenors ' 11 property and interferes with intervenors ' use and enjoyment of 12 said property. 13 _ 15. Beginning on or about March 19, 1983, the earth and 14 mud above intervenors ' property began to slide down onto 13 intervenors ' property as a proximate result of the nuisance 16 condition that exists on defendants` properties. 17 16 . As a result of the landslide onto intervenors' 18 property, intervenors have suffered loss and damage to land- 29 scaping, sprinkler systems, trees, shrubs , retaining walls t0 and have been threatened with destruction of their residences. 81 Intervenors are informed and believe that the costs to repair ___._... _ 82 the landslide so as to protect the intervenors ' property from 83 future loss and to repair damages that have occurred and to 84 reimburse intervenors for emergency expenses is in excess of 83 $500,000. 26 17. As a further proximate result of the nuisance MINOR J.•CMMID AVTMMtr AT 16ww — .1440 9ROADW4r sunt Vo wn r W.eros.6"12 0641 Mtil gi.�MO 1 existing on defendants' properties, the value of intervenors ' property has been diminished. intervenors are informed and 3 believe that the diminution in value to intervenors' property 4 exceeds $300,000. Unless the nuisance is abated, intervenors ' • 3 property will be progressively further diminished in value . 6 18. As a further proximate result of the nuisance 7 existing on defendants ' properties, intervenors have been hurt 8 and injured in their health, strength, and activity, sustaining 9 injury to their nervous system and person, all of which injuries 10 have caused, and continue to cause, intervenors great mental , 11 physical , and nervous pain and suffering. As a result of such 12 injuries , intervenors have suffered general damage in an 13 amount according ,to proof. 14 19. Unless defendants , and each of them, are enjoined 15 and ordered by this Court to abate the nuisance on their proper- 16 ties , it will be necessary to commence many successive actions 17 against defendants , and each of them, to secure compensation 18 for damages sustained, thus requiring a multiplicity of suits . 19 Intervenors will be threatened continually, especially when it 80 rains , with landslides, mudslides, and damage due to erosion 22. unless this Court orders that the nuisance- condition be abated. 82 . -2D. -- 4ln1ess-defendant-s;= -each-of-them, are enjoined 83 and ordered to abate the nuisance on their properties, inter- 84 venors will suffer irreparable injury in that the usefulness 85 and economic value of intervenors '. property will be substan 86 tially diminished and intervenors Will be deprived of the MINOR J. se"MID &rr"PS Y AT uVI —7- 14" 7— S&AXAM. 001012 suns s�o Ml�!pi�iNO J 1 comfortable enjoyment of their property. 21. Intervenors have no plain, speedy, or adequate 'S remedy at law; and injunctive relief- is expressly authorized by 4 Sections 526 and 731 of the Code of Civil Procedure. SECOND CAUSE OF ICTION b (Negl igence) 7 22. Intervenors reallege and incorporate by reference , 8 as is set forth herein at length, the allegations contained in 9 paragraphs 1 through 9,- 11 , and 12 of the First Cause of Action. 10 23. At all times relevant to this complaint , defendants, 11 and each of them, owned, maintained, controlled, managed, and 18 ooerated the lots of undeveloped real property along Barbara 13 -Way and uphill from plaintiffs '. property, and on Stein Way and 14 uphill from. intervenors ' property. 15 24 . Defendants so negligently constructed and maintained 16 the drainage system, storm drains , catch basins , and road 17 surface on' Barbara Way, and/or on Stein Way, and/or on their 18 properties uphill from intervenors ' property, so as to violate 19 their duty to intervenors and to cause a landslide of saturated 80 soil onto the intervenors ' property. 81 25. As a result of the negligence of defendants, the 82 real property of intervenors was damaged as described in para- 23 graph 12 above. As a result of said damage, intervenors have suffered monetary loss in thetamount of at least $500,000 for 85 repairs and reconstruction and in .the amount of at least 86 $300,000 in the depreciation in value of their property, MINOR J. OCMMID ArMwgy ar LAW Is4o Mwewar "8— �urR wyum.aur.w u 1 together with general damages for pain, suffering, and emo- tional distress according to proof. 3 WHEREFORE, intervenors pray judgment against defendants, 4 and each of them, as follows : 8 1. For a permanent injunction enjoining the nuisance 6 herein alleged and compelling defendants, and each of them, to 7 maintain their property and the easements appurtenant thereto, 8 and the drainage systems thereon, so as to prevent erosion, 9 soil saturation, and landslides which have damaged and will 10 continue to damage and threaten to destroy intervenors ' proper- 11 ty and interfere with their use and enjoyment of such property; 12 2. For $500,000 , or such other amount as may be proved, 13 for the repair of the landslide on intervenors ' property; 14 3. For $300 ,000 , or such other amount as may be proved, 15 for the loss in value of intervenors ' real property; 16 4 . For general damages according to proof ; 17 5. For costs of suit herein incurred; and 18 6. For such other and relief as the Court may deem 19 proper. 80 DATED: September 28, 1983. 31 � 82 J. SC D Attorney - GEORGE-$OND,_-_ 23 PEARL BOND DOUGLAS BROADALE and GENEVIEVE BRODALE, Intervenors 24 f E3 86 MINOR J.SCHMID —9— Af►ORM[Y AT LAW 16"OftObwAY W"•10 . "Sol asses ` 067 1 Item No. 1 All that real property situated in the County of Contra Costa, State of California, described as follows: s Portion of Lot 79, designated on the map entitled 4 "Map of Sectionization of a part of Rancho Laguna De Los Palos -Colorados , Contra Costa County, California", which 3 map was filed in the office of the 'Recorder of the County of Contra Costa, State- of California, on August 8, 1916 6 in Volume 15 of Maps, at page 308 , described as follows : 7 Beginning on the west line of the County Road known as Moraga Highway, at the northeast corner of the parcel 8 of land described as Parcel Two in the deed from Martha A. Red, et al to Albert H. Stein, et ux, recorded January 9 28, 1958 in Volume 3110 of Official Records , at page 215 ; thence from said point of beginning south 66° 49 ' 20" west , 10 along the north line of said Stein Parcel Two, 511 feet ; thence south 21° 48' 35" east, 267.49 feet; thence north 11 70° 40 ' east, 76 feet to an angle point in the exterior boundary line of said Stein Parcel Two; thence along said 12 exterior boundary lines as follows : North 70° 40 ' east, 103 feet ; north 86° 35 ' ,east , 76 feet ; north 27° 25 ' west 13 20 feet and north 54° 19 ' 15" east , 15. 16 feet ; thence north 430 21 ' west , 118. 7 feet ; thence north 45° 46 ' east , 14 122 .05 feet ; thence north 73° 33 ' 50" east , 155. 77 feet to the east line of said Stein Parcel Two (3110 OR 215.) ; 25 thence north 12° 50 ' 10" west , along said east line, 147 16 feet to the point of beginning. 1? Commonly known as Stein Way, No. 1 , Orinda, California Title in the names of George William Bond and Pearl L. 18 Bond, his wife, as joint tenants 19 Item No. 2 80 All that real property situated in the County of Contra Costa, State of California , described as follows : 21 The parcel of land described in. the deed from George 22 William Bond, et ux, to Vivian Rose K. Patterson, et vir, -recorded September-18,-1958 in --Volume 3230 of Official -- 23 Records , at page 509. 24 Commonly known as # 3 Stein Way, Orinda, California. Title held in the names of Douglas V. Brodale and Genevieve K. 23 Brodale, his wife, as joint tenants 26 MINOR J. SCHMIO •TTO11—I AT Lbw . 1"0 @ROADWAY surra*to 6AIMAND.rxV.664ts - .���,as.a.ao EXHIBIT A , I PROOF OF SERVICE BY MAIL 3 I am a citizen of the United States and am employed in 4 Alameda County. I am over the age* of eighteen years -and not a 5 party to the within action, my business address is 1440 Broadway, 6 Suite 810, Oakland, California, 94612. 7 On December 8, 1983 , I served the within g COMPLAINT IN INTERVENTION FOR DAMAGES FOR NUISANCE, NEGLIGENCE AND FOR PERMANENT INJUNCTION 9 10 in said action by placing a true copy thereof enclosed in a 11 sealed envelope with postage thereon fully prepaid, in the United 12 States mail at Oakland, Alameda County, California, addressed as 13 follows: John J. Bartko, Esq, Andrew R. Adler, Esq. 14 Robert H. Bunzel, Esq. ; Boornazian, Jensen & Garth Bartko, Welsh & Tarrant '_ ' �' P. 0. Box 12925 15 One Maritime Plaza, Ste. 1440 Oakland, CA 94604 16 San Francisco, CA 94111 f4Cristine P. Birkhimer 17 J. Timothy Lane, Esq. _,Attorney At Law . Ring, Athey, Ginocchio & Line �, �ower, Barban & Birkhimer 16 P. O. Box 97 �= x;.,555 California St, , #2455 Walnut Creek, CA 94596'-1,1 San Francisco, CA 94104 19 H. Vincent McLaughlin, Esq. `=Havid F. Beach, Esq. 20 Greeve, Clifford, Diepenbr4,ck & Paras "iLaw Office of Richard B. 1000 G. St. , Suite 400 { �=-Barrett Sacramento, CA 95814' r S•' `.:.x.710 El Camino Real 21 -a __- t Burlingame, CA 94010 22 I declare*under penalty of perjury -tha-t�-heabove---x-s 7z= • 23 true and correct . r 24 Executed on December 8, 1983 at Oakland, 'California. 25 26 TERRI R. PACHECO 1 CONTINUED ON NEXT f-AGE. . . . . . . . . . . . . . - �" i PROOF OF SERVICE BY MAIL 2 Continued page two 3 - 4 Craig A. Starr, Esq. Bledsoe, Cathcart, Boyd, Eliot & -Curfman 5 650 California Street, Suite 2828 San Francisco, California 94108 6 Kouns, Marshall , Quinlivan & Severson 7 1922 The Alameda, Suite 310 San Jose, California 95126 > 8 V ,, Neufeld & Bybee n ' � 9 1211 Newell Avenue, Suite 110 V Walnut Creek, California 94596 \ u 10 Eliassen, Postel & Eliassen 11 50 California Street, Suite 600 San Francisco, CAlifornia 94111 12 Malcolm A. King, Esq. 13 Remsen C. Barnard, Esq. Wil' King, Husa & Elin ` 14 1900 Olympic Blvd. , Suite 104 Walnut Creek, CA 94596 15 16 17 18 19 20 21 22 23 24 25 26 r 1 PROOF OF SERVICE BY MAIL 2 Continued page two 3 4 Craig A. Starr, Esq. Bledsoe, Cathcart, Boyd, Eliot & Curfman 5 650 California Street, Suite 2828 San Francisco, California 94108 6 Kouns, Marshall , Quinlivan & Severson r 't 7 1922 The Alameda, Suite 310 �f.^ San Jose, California 95126 8 +: Neufeld & Bybee �\ f 9 1211 Newell Avenue, Suite 110 may\ '- �•- ,,;�' Walnut Creek, California 94596 10 Eliassen, Postel & Eliassen 11 50 California Street, Suite 600 � r1� San Francisco, CAlifornia 94111 12 Malcolm A. King, Esq. 13 Remsen C. Barnard, Esq. y King, Husa & Elin ` 14 1900 Olympic Blvd. , Suite 104 Walnut Creek, CA 94596 15 16 17 18 19 20 21 22 23 24 25 w, 26