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Home My WebLink AboutMINUTES - 12161986 - 1.24 CLAIM BOARD Of SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 16 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $25 , 000 . 00 Section 913 and 915.4. Please not al l "ZW '�,%pLnSel CLAIMANT: PATRICIA WEIGHT 140V 21 1986 c/o Eugene M. Hannon ATTORNEY: Attorney At. Law Martinez, CA 94553 1934 Contra Costa Blvd. Date received ADDRESS: Pleasant Hill, CA 94523 BY DELIVERY TO CLERK ON November 17 . 1986 BY MAIL POSTMARKED: November 14, 1986 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PFHHIL BATCHELOR, Clerk �� DATED: November 14, 1986 BY: Deputyyt L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors 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. The Clerk should return claim on ground that it was filed late and send . warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �, /O b BY: / eputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that, this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: DEC 16 1986 PHIL BATCHELOR, Clerk, BDeputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Orden and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 1 7 1986 BY: PHIL BATCHELOR by�Deputy Clerk CC: County Counsel County Administrator „ LRECEIVED NOTICE OF CLAIM OL R8 wo ey TO : BOARD OF SUPERVISORS , CONTRA COSTA COUNTY PATRICIA WRIGHT hereby makes claim against Contra Costa County, for a sum in excess of $25, 000. 00, and makes the following statements in support of the claim : 1 . Claimant' s post office address is 295 Amate, Pacheco, California 94553 . 2 . Notices concerning the claim should be sent to EUGENE M . HANNON , Attorney at Law, 1934 Contra Costa Boulevard, Pleasant Hill , California 94523 . 3. The date and place of the trip and fall accident giving rise to this claim are broken and cracked sidewalk/walk- way on the property of Merrithew Memorial Hospital on October 14, 1986. 4. The circumstances giving rise to this claim are as follows : At the above time and place, claimant was walking on said concrete walkway when she tripped in an area of such walk- way Which was in disrepair, causing her to lose her balance and fall severely to the ground. 5. Claimant' s injuries, as presently known, are : ( a ) Abrasions, bruises, contusions ; ( b ) Severely injured neck ; ( c ) Injured back ; ( d) Aggravation of preexisting medical condition ; and ( e ) Other injuries unknown at this time. 6. The names of the public employees causing the claimant' s injuries are unkown, but claimant is informed and believes that the County of Contra Costa owns the Merrithew Memorial Hospital property, and had the County properly maintained the public sidewalks and public walkways on said property, this accident would not have occurred. 7. My claim as of the date of this claim is in excess of $25, 000. 00. 8. The basis of computation of the above amount is as follows : Medical Expenses Incurred to Date : Total not yet ascertained Estimated Future Medical Expenses : Total unknown Loss of Wages : Total unknown General Damages : In excess of $25, 000. 00 Total In excess of $25 , 000. 00 Dated : November1986 UG M. HANNO Atto ney at Law, On Behalf of Claimant PATRICIA WRIGHT -2- i VERIFICATION (Standard)CCP 446,2015.5 1 1 declare that: 2 1 am the .................................................... ... in the above entitled action; I have read the foregoing 3 ............................................................ ................... .........................:.... 4 and know the contents thereot; the same is true of my own knowledge, except as to those matters which are therein stated upon my information or be lief, and as to those matters I believe it to be true. 5 6 I declare under penalty of perjury that the foregoing is true and correct and that this verification was executed on 7 ........................ .......... at..........................•............ .............. California. B DAT EI (PLACE) 9 .................................................. .TYPE OR PRINT NAME, SIGNATURE 10 11 PROOF OF SERVICE BY MAIL(CCP 1013a, 2015.5) 12 1 declare that: 13 1 am (a resident of/employed in)the county,of ......Contra.Costa..County. .. ..... .................... California. (COUNTY WHERE MAILING OCCURRED) 14 1 am over the age of eighteen years and not a party to the within cause; my(business/residence) address is ........... ...... 15 19-M.Contra..Costa..9oulevard..xl a:,aat.Hill,..California................................. 16 On ..N.ouembPr..l3,...1g8.6... Iserved the within ....NOUCE-OF..CLAIM........................... IDATEI 17 ...................................................................................................................... 18 ;i . ................................................... ontheCnntra..Co.sta...CPun.ty..RoaY::d..Qf..... Supervisors 19 " in said cause, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United 20 States mail at ...... Pleasant Hill, California addressed asfollows: Poard of Supervisors 21 County of Contra Costa 651 Pine Street 22 Martinez, CA 94553 23 1 declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on November 13, 1986 Pleasant Pill , 24 ................... .......... ............... at . ................ ......... ..... ...................... California. (DATE) 'PLACE, 25 ' 26 f AROT, ZUGNONI (TYPE OR PRINT NAME) SIGNATURE V I i BARON PRESS FORM NO. 218 REV. MARCH 1974 . CLAIM BOARD OF. SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Dece>rber 16 , 1986 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $2 ,000 , 000 . 00 Section 913 and 915.4. Please note-all "`W��$"Counsel CLAIMANT: DEBRA & STEVEN HaIPHREY DEC O 11986 ATTORNEY: Martinez, CA 94553 Date received ADDRESS: BY DELIVERY TO CLERK ON November 21 , 1986 hand del . BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHH BATCHELOR, DATED: November 25, 1986 BYIL ClerkCy�/ L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. Sym) This claim FAILS to comply substantially with Sections 910 and 910.2, 6�a•NllaHt'. Tie-4ewrd-@anPo4- *9f- Fkz� ✓•F 12--15-se ( ) Claim is not timely filed. The 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). (x) Other: J-4-7, t2JLC_ ZZII - Zl Dated: � � �� C��o BY �- / Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ` (x) This Claim is rejected in full. ( ) Other: I certify that: this is a true and correct copy of the Board's Order entered in its minutes for this date. ✓/� /� Dated: DEC 16 1986 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the .date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 113; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 171986 / BY: PHIL BATCHELOR by Ci�Geputy Clerk CC: County Counsel County Administrator • l RECEIVED CLAIM G o�r TO: BOARD OF SUPERVISORS, CONTRA COSTA COUNTY Claimant Debra and Steven Humphrey hereby submit a claim against the County of Contra Costa for injuries received November , 1985 and sometime prior to and thereafter at the Martin Luther King Health Agency, Brookside Hospital, for failure to administer Rogam while she was receiving pre-natal care. As a result of such negligence plaintiff has sustained special and general damages in the amount of $2 ,000 ,000 .00 including, but not limited to, increased risk of miscarriage , and infectious disease from transfusions . Claimants discovered this negligence on or about August 11 , 1986 during discussions with treating doctor . Dated. - EBRA HUMPH EY Dated: STEVEN HUMPHRE CLAIM BOARD OF.SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA and as Governing Board of the Housing Authority of Contra Costa County Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 16 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your.notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $10, 000. 00 Section 913 and 915.4. Please notr-all "WARNINrlwnty Counsel CLAIMANT: LOLITA RESUNA GEORGE DEC U 11986 c/o Benjamin Lusk Jr. ATTORNEY: 405 14th Street #811 Martinez, CA 94553 Oakland, CA 94612 Date received ADDRESS: BY DELIVERY TO CLERK ON November 24, 1986 BY MAIL POSTMARKED: November 21 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. - B�ll BATCHELOR, ClerkDATED: November , 1986 /hV LL Cif , L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( 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 910.6). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: i Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (x) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: DEC 1 6 1986 PHIL BATCHELOR, Clerk, By. . Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may,seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 7 1gAR BY: PHIL BATCHELOR by uty Clerk CC: County Counsel County Administrator _ _ k CLAIM AGAINST THE COUNTY OF CONTRA COSTA HOUSING AUTHORITY ( Pursuant to Government Code { 910, et seq.0 CLAIMANT: Name: Lolita Resuna George Tel ( ) Address : 134 California Street , Rodeo, CA 9T572 PERSON TO WHOM ANY NOTICE CONCERNING CLAIM SHOULD BE SENT: Name: . Benjamin Lusk, Jr . , Tel (415) 763-9564 Address : 405 14th Street, Suite 811 , Oakland, CA 94612 WHEN DID DAMAGE/INJURY OCCUR? Date: September 23, 1986 LOCATION OF OCCURRENCE: 134 California Street , Rodeo, CA 94572 CIRCUMSTANCES OF OCCURENCES: Lolita Resuna George, fell in a hole at 134 California Street, Rodeo, California 94572 DESCRIPTION OF LOSS, DAMAGE or INJURY: Lolita George was injuried in her health and strength and suffered a hip and shoulder injury. She also suffered great emotional distress. NAME(S) OF CITY EMPLOYEE(S) CAUSING LOSS, DAMAGE or INJURY, IF KNOWN: Housing Authority AMOUNT CLAIMED, INCLUDING ESTIMATED AMOUNT OF ANY FUTURE LOSS: $10,000.00 NAMES AND ADDRESSES OF ANY WITNESSES, DOCTORS and/or HOSPITALS: Doctors Hospital, Pinole Date: igna ur of claimant or person acting on her behalf CLAIM MUST BE SIGNED BY CLAIMANT OR PERSON ACTING ON CLAIMANT ' S BEHALF. Deliver or mail to: The Clerk of Board P. O. Box 2396 . Martinez, CA 94553 RECEJVL CL g" T n. 9y •�• ` �!"tuty CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Decenber 16 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $500 , 000. 00 Section 913 and 915.4. Please not all mQ9%MVy'C0Unt01 CLAIMANT: RAYMOND AND REBECCA CLARFIELD DEC 01 1986 ATTORNEY: Gerald C. Sterns Boris E. Efron Marinez, CA 94553 280 Utah St 724 Oak Grove Ave Date received ADDRESS: San Francisco Menlo Park BY DELIVERY TO CLERK ON November 1.7 . 1986 California 94103 California 94025 BY MAIL POSTMARKED: November 13 , 1986 Certified #P 548 992 714 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. 1 9 8 6� BaIL BATCHELOR, Clerk DATED: November 25 , eputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (j() 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. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: u. ",;21 o BY: unty Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present 06 This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: C E C .16 1986 PHIL BATCHELOR, Clerk, By j Gt�� Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING 1 declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over dge 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: D E C 1 7 M6 BY: PHIL BATCHELOR by ` 7Ye' eputy Clerk CC: County Counsel County Administrator CLAIM AGAINST THE COUNTY OF CONTRA COSTA, CONTRA COSTA SHERIFF' S DEPARTMENT, CITY OF ORINDA OR OTHER GOVERNING BODY FOR ORINDA, THE STATE OF CALIFORNIA, AND THE STATE BOARD OF CONTROL To the County of Contra Costa, to the Contra Costa Sheri'ff ' s Department, to the City of Orinda or other governing body for Orinda, to the State of California and to the State Board of Control . This claim arises out of an incident occurring August 10, 1986 at approximately 6: 40 a :m. when a 1986 Pontiac operated by one Joe David Hunley was involved in a single vehicle accident on Interstate 680, approximately 440 feet north of Pine Valley Road in the City of San Ramon, Contra Costa County. The vehicle in question left the roadway and collided with one or more fixed objects , thereby resulting in substantial damage to the vehicle and causing the death of two passengers therein , Gail Vivian Clarfield and Michael Anthony Travis. This claim is made on behalf of the following persons : 1. The survivors of Gail Vivian Clarfield, the parents, Raymond and Rebecca Clarfield , whose address is 4138 Fairlands Drive, Pleasanton, California 94566; and the estate of said decedent, same address . 2. The survivors of Michael Anthony Travis, Wendy Travis, spouse , and minor children , Amber , age 6; Benjamin, age 4; and Keri , age 3 months; as well as the estate *of Michael Anthony Travis , s! VVCIY Pleasanton, California 94566. fkrd EIVED 110V/ 71966 C�%AS Y p$ oy The addresses to which notices concerning this claim should be sent is as follows : Gerald C. Sterns , Esq. Law Offices of Sterns , Walker & Grell 280 Utah Street San Francisco , CA 94103 Boris E. Efron, Esq. Law Offices of Boris E. Efron 724 Oak Grove Avenue Suite 120 Menlo Park, Ca 94025 Basis of the claim as known to claimant' s at this time: As to the State of California: Claimant' s allege that Highway 680, a public highway, maintained by the State of California through its agency Caltrans , constituted, on the day in question, a dangerous and defective condition of public property and was designed , constructed and maintained in a negligent manner, in that the highway at the point where the vehicle in question left the road had inadequate "signing and marking; an inadequate shoulder; and a dangerous impediment or raised obstruction identified as an asphalt berm or: curb, all of which caused and contributed to the injuries and damages herein set forth. More details concerning the roadway in question and the physical evidence found therein, are contained in the California Highway Patrol report concerning the incident in question which is numbered 8-145 , prepared by CHP Officer M.J. Nelson, ID $10037. As to the County of Contra Costa , to the Contra Costa Sheriff's Department, to the City of Orinda or other governing body for Orinda: 2 _ Shortly before the above described vehicular accident, at approximately 6:00 a.m. on August 10, 1986 , the above driver Hunley, while operating the Pontiac vehicle in question, was observed to be driving in an erratic manner, to be exceeding the speed law and to be exhibiting other behavior suggestive of ' an intoxicated or extremely reckless and negligent driver. This conduct was observed by an Officer Chuck Brown, an employee of the Sheriff' s Office of Contra Costa County and on temporary loan or contract to the City of Orinda and functioning as such as an Orinda police officer. Officer Brown, on seeing the above behavior , stopped the vehicle in question and determined the erratic and dangerous driving including but not limited to exhibition of speed, excessive speed, and crossing of the double yellow line into opposing traffic. Officer Brown further determined that there was a strong smell of alcohol in and about •the vehicle when stopped and at least one of the occupants thereof appeared to be intoxicated. Upon calling it in, Officer Brown discovered Hunley had two previous convictions for drunk driving. Officer Brown further verified that suspect Hunley was driving with a restricted license which would have permitted him only to drive to and from work and to an alcohol rehabilitation program, in which Hunley was enrolled. Under these circumstances, it should have been obvious that suspect Hunley was not driving "to and from work" and - 3 - waa in violation of a number of California Vehicle Code sections, and also then presented and imposed a definite threat and risk to others. Office Brown did not detain or arrest Hunley or impound the vehicle in question or take any other steps to prevent harm 'to others but let Hunley continue on his way under circumstances where he knew or should have known that Hunley' s behavior and conduct constituted a distinct and forseeable risk or harm to others through the continued operation of the vehicle in question. In fact, the same Hunley in the same vehicle was involved in the above described accident within minutes, bringing about and causing the deaths herein complaint of. Under the authority of Green v. City of Livermore 117 Cal .App. 3d 82, and other authorites, the City of Orinda and the County of Contra Costa may be responsible to claimants for the negligence of Officer Brown in his handling of the detention and investigation herein, including but not limited to failure to initiate supervision and implement proper training procedures. The amount of the claims so far as known to claimants at this time are estimated as follows: Wrongful death of Gail Vivian Clarfield $ 500 ,060 Wrongful death of Michael Anthony Travis 3, 500, 006 The names of any public employees involved in these claims other than Officer Chuck Brown, previously identified , are unknown to claimants. DATED: NOVEMBER 13, 1986 LAW OFFICES OF STERNS, WALKER & GRELL GERALD C. STERNS - 4 - CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Burd of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 16 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes.. the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuantGovernment Code Amount: -$3 , 500, 000 . 00 Section 913 and 915.4. Please notralsq R bAdVQunSei CLAIMANT: WENDY TRAVIS ET AL DEC 01 1986 i,TTORNEY: Gerald C. Sterns Boris E. Efron Martinez, CA 94553 280 Utah St 724 Oak Grove Ave Date received ADDRESS: San Francisco Menlo Park BY DELIVERY TO CLERK ON November 17 , 1986 California 94103 _California 94025 BY MAIL POSTMARKED: November 13 , 1986 Certified 4EP 543 992 714 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �� PpHHIL BATCHELOR, Clerk DATED: cdovember 25 , 1986 8Y: Deputy L. Hall 1I. FROM: County Counsel TO: Clerk of the Board of Supervisors �) 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. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ldb_i C7, BY: p ty County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (�) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: DEC 16 1986 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the 4ate this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez. California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 1 7 1486 BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator f f CLAIM AGAINST THE COUNTY OF CONTRA COSTA, CONTRA COSTA SHERIFF' S DEPARTMENT, CITY OF ORINDA OR OTHER GOVERNING BODY FOR ORINDA, THE STATE OF CALIFORNIA, AND THE STATE BOARD OF CONTROL To the County of Contra Costa, to the Contra Costa Sheriff ' s Department, to the City of Orinda or other governing body for Orinda , to the State of California and to the State Board of Control . This claim arises out of an incident occurring August 10, 1986 at approximately 6: 40 a .m. when a 1986 Pontiac operated by one Joe David Hunley was involved in a single vehicle accident on Interstate 680, approximately 440 feet north of Pine Valley Road in the City of San Ramon, Contra Costa County. The vehicle in question left the roadway and collided with one or more fixed objects, thereby resulting in substantial damage to the vehicle and causing the death of two passengers therein , Gail Vivian Clarfield and Michael Anthony Travis . This claim is made on behalf of the following persons : 1. The survivors of Gail Vivian Clarfield , the parents , Raymond and Rebecca Clarfield , whose address is 4138 Fairlands Drive, Pleasanton, California 94566; and the estate of said decedent , same address . 2. The survivors of Michael Anthony Travis, Wendy Travis , spouse , and minor children , Amber , age 6; Benjamin, age 4; and Keri , age 3 months ; as well as the estate of Michael Anthony Travis , address , 3819 Belmont Way, Pleasanton, California 94566. RECEIVED L 9 JWF C � RB IBY CN CIO" The addresses to which notices concerning this claim should be sent is as follows : Gerald C. Sterns , Esq. Law Offices of Sterns , Walker & Grell 280 Utah Street San Francisco , CA 94103 Boris E. Efron, Esq. Law Offices of Boris E. Efron 724 Oak Grove Avenue Suite 120 Menlo Park, Ca 94025 Basis of the claim as known to claimant' s at this time: As to the State of California: Claimant' s allege that Highway 680, a public highway, maintained by the State of California through its agency Caltrans , constituted , on the day in question, a dangerous and defective condition of public property and was designed , constructed and maintained in a negligent manner , in that the highway at the point where the vehicle in question left the road had inadequate signing and marking; an inadequate shoulder; and a dangerous impediment or raised obstruction identified as an asphalt berm or curb, all of which caused and contributed to the injuries and damages herein set forth. More details concerning the roadway in question and the physical evidence found therein , are contained in the California Highway Patrol report concerning the incident in question which is numbered 8-145 , prepared by CHP Officer M.J. Nelson , ID #10037. As to the County of Contra Costa , to the Contra Costa Sheriff ' s Department, to the City of Orinda or other governing body for Orinda : 2 - Shortly before the above described vehicular accident , at approximately 6: 80 a.m, on August 19 , 1986 , the above driver Hunley, while operating the Pontiac vehicle in question, was observed to be driving in an erratic manner , to be, exceeding the speed law and to be exhibiting other behavior suggestive of an intoxicated or extremely reckless and negligent driver . This conduct was observed by an Officer Chuck Brown, an employee of the Sheriff ' s Office of Contra Costa County and on temporary loan or contract to the City of Orinda and functioning as such as an Orinda police officer . Officer Brown, on seeing the above behavior , stopped the vehicle in question and determined the erratic and dangerous driving including but not limited to exhibition of speed, excessive speed, and crossing of the double yellow line into opposing traffic. Officer Brown further determined that there was a strong smell of alcohol in and about the vehicle when stopped and at least one of the occupants thereof appeared to be intoxicated. Upon calling it in , Officer Brown discovered Hunley had two previous convictions for drunk driving. Officer Brown further verified that suspect Hunley was driving with a restricted license which would have permitted him only to drive to and from work and to an alcohol rehabilitation program, in which Hunley was enrolled. Under these circumstances, it should have been obvious that suspect Hunley was not driving "to and from work" and - 3 - was in violation of a number of California Vehicle Code sections , and also then presented and imposed a definite threat and risk to others. Office Brown did not detain or arrest Hunley or impound the vehicle in question or take any other steps to prevent harm to others but let Hunley continue on his way under circumstances where he knew or should have known that Hunley' s behavior and conduct constituted a distinct and forseeable risk or harm to others through the continued operation of the vehicle in question. In fact , the same Hunley in the same vehicle was involved in the above described accident within minutes, bringing about and causing the deaths herein complaint of. Under the authority of Green v. City of Livermore 117 Cal .App. 3d 82 , and other authorites, the City of Orinda and the County of Contra Costa may be responsible to claimants for the negligence of Officer Brown in his handling of the detention and investigation herein, including but not limited to failure to initiate supervision and implement proper training procedures . The amount of the claims so far as known to claimants at this time are estimated as follows : Wrongful death of Gail Vivian Clarfield $ 580, 606 Wrongful death of Michael Anthony Travis 3, 500, 000 The names of any public employees involved in these claims other than Officer Chuck Brown, previously identified , are unknown to claimants . DATED: NOVEMBER 13, 1986 LAY OFFICES OF STERNS , WALKER G ELL -------------------- GERALD C. STERNS 4 - CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 16 , 1986 'and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $100, 000 . 00 Section 913 and 915.4. Please not all "WARNINGS". County Counsel CLAIMANT: DENNIS J. & BARBARA J . SCHARDT 124 Wren Court NOV 21 1986 ATTORNEY: Hercules , CA 94547 Martinez 5 • Date received , CA 945•.,3 ADDRESS: BY DELIVERY TO CLERK ON November 18 . 1986 BY MAIL POSTMARKED: November 17 , 1986 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. EbIL gATCHELOR, Clerk DATED: November 20, 1986 : Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors 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. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: /�� BY: !/1 Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (x) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. C % � DEC 16 leas Dated: PHIL BATCHELOR, Clerk, By. Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 17 1986 BY: PHIL BATCHELOR by (2V G(-Z�eputy Clerk CC: County Counsel County Administrator CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY a 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 9.11, Mart.jnez, CA) „ C. If claim :is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Clerk' s filing stamps Dennis J . & Barbara J . Schardt ) RECEIVED Against the COUNTY OF CONTRA COSTA) � ;Koo 986 nor DISTRICT) ill in name ) er •��C4m • y The undersigned claimant hereby makes claim against t e o ]Contra Costa or the above-named District in the sum of $ 100 ,000 and in support. of this claim represents as follows: ------------- ----------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) Wednesday , Oct . 22, 1986 at approximately 12 : 25 P . M. 2--------------------- -------j-- --------- (Il ---- Where did the age or in uryoccur. ncude city and county= Crocket Community Center - 850 Pomona, Crocket , Ca. (Contra Costa County) ------------------------------------------ ----------------------------- 3. How did the damage or injury occur. (Give full details, use extra sheets if required) A Doberman Pincher bit child on forehead and scalp . Child was attending a kinderclass at the Crocket Community Center when he attempted to pet the dog and was bitten . - - - - =------------------------------ 4-.---What-----particular-----------ac-t--or--o-mission-------on---t-he part of county or district officers , servants or employees caused the injury or damage? Failure to provide a safe & secure environment . A dog accompanied by the owner was allowed to enter the community center and also while unleashed, exposed the children to attack . After the dog bit the child , it was allowed to remain in the room for several minutes , further exposing those present to attack. (over) 5. What are the names of county or district officers,• _servantssr= ..... dmployees causing the damage or injury? Mrs . Julie Cates & Mrs . Kathy Cook -- --------------------------------------- -6-.--Wh-at--dama----g---e--or---in-j--uries-----do----you-- claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) A 2 cm . laceration, vertical , on forehead and scalp closed with 5 sutures . ( see enclosed doctor report.) . Traumatic injury , emotional distress , pain , suffering and scaring . -------------------------------------------------- ----------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Expenditures - $332. 00 Scaring , emotional distress , pain & suffering , traumatic injury - $99 , 668 -----------^-------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. Dana Jordt - 420 Duperu Dr . , Crocket Linda Sullivan - P .O . Box 74, Crocket Stephanie Gray - 833 Loring , Crocket (owner of dog) Dr . Beaty - 655 Gold Ridge Rd. , Sebastopol , Ca. 95472 Doctors Hospital - 2151 Appian Way, Pinole , Ca . 94564 Judith Daddio , RN - 3641 California St . , S . F . ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: ""DATE ITEM AMOUNT ( 10/;22/86 ` Doctor $118 . 00 10/22/86 Hospital 177 . 00 t 10/23/86 Prescription 12 . 00 s 10/29/86 Animal Bite Rept . 1 .00 Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or b Some erson on his behalf. " Name and Address of Attorney ClaimantV Signature 124 Wren Ct . Address Hercules , Ca . 94547 Telephone No. Telephone No. (415) 799-0313 ************************************************************************** NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " liOSPITAL/ MEDICAL FACILITY ❑ VISA AMERICAN EXPRESS ❑ MASTERCARD EXP $ AMT.(DATE 2151 APPIAN WAY CREDIT CARO T P I O E A 95 6 SIGNA- NPATIENT UMBER 1 0000 92 437 TUBE PN LENT O SC AR.DT JOHN D PLh+.SL M-NE SURE THIS ADDRESS SH OI:S.012 F_TUHW EFJVEICl is G N RMp SCHARDT DENNIS J DOCTORS HOSPITAL OF PINOLE NAE 124 WREN CT. 2151 APPIAN WAY ODS HERCULES CA 94547 PINOLE„ CA 94564 INITIAL EMG10/,22/86 10/25/86 00 20 1 TYPE OF BILL PATIENTTYPE ADMITTED DISCNARGEO DATE OF PREMU .STMT. % STMT.DATE NO.OF FlN CLAS] PAGE - STMTS 1 PLEASE RETURN TOP PORTION VVITH YOUF Pf.Y4Ef•dT I AMOUNT OF PAYMENT Fs 10/24/86 10/22/86 4011382 00099 RAZOR DISP N/ST4 I 4.28 10/24/66 10/22/86 4020055 00099 TRAY SUTR MIN 1 69.62 10/24/86 10/22/86 4060708 00099 GLOVE SURGN PR 1 1 5.10 10/24/86 10/22/86 5321770 00099 LIDOCAINE 1% SDV 1 10.00 10/24/66 10/22/86 5327314 00099 COCAINE SOLN 103 1 33.00 10/23/86 10/22/86 6100504 00033 ER EMERGENCY RM I 55.00 FOR ASSISTANCE PLEASE CONTACT YOUR ACCOUNT REPRESENTATIVE AT ( 4,15 ) 7k4-5000• EXT • MON THRU FRI 8:30 TE 3:30 PM PATIENT NUMBER PATIENT NAME DATE INSURANCE BILLED OUO692437 SCHARUT JOHN 0 •� 177.00 IRSO 95-3165035 DOCTORS HOSPITAL OF PINOLE 415-724-5000 2151 APPIAN WAY 4W7682(1-85) PINOLE9 CA 94564 READ I-,INSI'E-UCTIONS BEFORE COMPLETING OR SIGNING THIS FORM _��I.i ,\ E:LJ°I AVE TYPE OR PRINT F_� MEDICARE E] MEDI-CAL STANDARD OTHER PATIENT & INSURED SUBSCRIBER INFORMATION 1. PATIENT'S NAME/first name, middle indict last name) 2. PATIENT'S DATE OF BIRTH 3. INSURED'S NAME(First name,middle initial,last namel !�"I!I�J '.!�F,;-?..I_i.. il i)'� T'If:l\t^.I T'� =:1'La r„r•ft- - 4. PATIENT'S ADDRESS (Street city, state. ZIP code) S. PATIENT SEX S. INSURED'S I.D. NO., MEDICARE NO. AND/OR MEDICAID NO. /include any letters) L\'I'i L-.!.' i_-� MALE .z FEMALE c�-' 7, PATIENT'S RELATIONSHIP TO INSURED S. INSURED'S GROUP•NO. (Or Group Name) 1- 7. I:{y ',''•�I):=�J SELF SPOUSE CHILD OTHER 9. OTHER HEALTH INSURANCE COVERAGE - Enter Name of 10. WAS CONDITION RELATED TO: 11. INSURED'S ADDRESS(Street city,state,ZIP code) Policyholder and Pian Name and Address and Policy or Medical ' Assistance Number A PATIENT'S EMPLOYMENT YES No B. AN AUTO ACCIDENT I-'F' l_I_ILI' A C'4 JLE/ YES k, NO 12. PATIENT'S OR AUTHORIZED PERSON'S SIGNATURE (Read back before signing) 13. I AUTHORIZE PAYMENT OF MEDICAL BENEFITS r0 UNDERSIGNED W I Aut win e ReArasa of any Medkel Information Necessary to Proorn this Claim and Rescan Prym nt of PHYSICIAN OR SUPPLIER FOR SERVICE DESCRIBED BELOW MEDICARE 8,010044 Eiew I Mynn do e or e Perry Who Amps Asstprurrm B*1~ '_:Iii N�^ I !..!I'4�'., i 11,1 FILE SIGNED I-,T -:•!i, -i ii':'%- i.,11\1 F 1 ; - DATE SIGNED(Insured.,Authorised Person) PHYSICIAN OR SUPPLIER INFORMATION 14. DATE OF: ILLNESS (FIRST SYMPTOM) OR 15. DATE FIRST CONSULTED 16. HAS PATIENT EVER HAD SAME OR SIMILAR SYMPTOMS? _ INJURY(ACCIDENT)OR YOU FOR THIS CONDITION '( .- {i :_iF, PREGNANCY(LMP) YES NO 17. DATE PATIENT ABLE TO 18. DATES OF TOTAL DISABILITY DATES OF PARTIAL DISABILITY RETURN TO WORK FROM THROUGH FROM ITHROUGH 19. NAME AND ADDRESS OF REFERRING PHYSICIAN OR OTHER SOURCE 20. FOR SERVICES RELATED TO HOSPITALIZATION GIVE HOSPITALIZATION DATES ADMITTED IDISCHARGED 21. NAME AND ADDRESS OF FACILITY WHERE SERVICES RENDERED(If other than home or office) 22. WAS LABORATORY WORK PERFORMED OUTSIDE YOUR OFFICE? ,'.'irk FI::F-)•J '4' i;!"CD-,-..r'll It-,TI-i;-.. I-!;r -!"'T hcf 11 G YES NO CHARGES: 23. DIAGNOSIS OR NATURE OF ILLNESS OR INJURY, RELATE DIAGNOSIS TO PROCEDURE IN COLUMN D BY REFERENCE TO NUMBERS 1, 2, 3. ETC. OR DX CODE ,'i ( i�IPi_..j-,� .._: FAMILY PLANNING SERVICE 2.Ell-tr BITE 3. 4. La 24. A B PROCEDURE C D E F LEAVE BLANK EL NUMBER FULLY DESCRIBE PROCEDURES, MEDICAL SERVICES 11 A A DATE OF .ens wtaMe-y OR SUPPLIES FURNISHED FOR EACH DATE GIVEN DIAGNOSIS CHARGES 1 2 3 4 6 8 7 �' E E SERVICE si. umr (EXPLAIN UNUSUAL SERVICES OR CIRCUMSTANCES) CODE vCE ♦EMA"M a ygEraa l I I I I I ----�-+- I I I I I I 1' -- '(` - )_ 1�-- 1 r' r.n,_t� rr)_,I - ! I ----- .-,} - -- I.,( , - -- - ----- - ----- I _ I I _ I l I I 1 I I I 1 I ---- -----+-- - --- - ----- - ------ I I I I I I I I. 1 ----- -----i-- - --- - ----- - ------ I I I I I I 1 -- -- -- - ------4--- --------------------------------- -----;-- - --- - ----- - ------ +- I 1 1 I 1 I I 1 25. SIGNATURE OF PHYSICIAN OR SUPPLIER 26. ACCEPT ASSIGNMENT 27. TOTAL CHARGE ( 28. AMOUNT PAID 1 29. BALANCE DUE I certify under penalty of perjury that the forego /Government claims only) I Ing ie true and correct(read back before signing). SEE BACK ]. 1, . YES NO 31. PHYSICIAN'S OR SUPPLIER'S NAME, ADDRESS, PROVIDER NUMBER, 30. YOUR SOCIAL SECURITY NO. ZIP CODE 6 TELEPHONE NO. SIGNED 1 ,�I i DATE vI' C F'.I r•.If'll_ec. ESI°!I-fila 1•iEcI.1 CROUP iF• 32. YOUR PATIENT'S ACCOUNT O. '--' '' ! 33. YOUR EMPLOYER I.D. NO. c -, i.ii! I Hj C'D I_r. r;Ir.. E 1,.L. E3:I31=;'CTi] -I-li..- :.!....A 7_S;PLACE OF SERVICE CODE ; 1-(IH) -INPATIENT HOSPITAL 7-(ICF) -INTERMEDIATE CARE FACILITY I C17 ,' ._ 7.., ?r°• Z 2-IOH)-OUTPATIENT HOSPITAL 8-ISNF)-SKILLED NURSING FACILITY 3-(0) -DOCTOR'S OFFICE 9- -AMBULANCE 'Z.L L:'=4Sr.{.".%. 4-(H) -PATIENT'S HOME 0-(OL) -OTHER LOCATIONS 5- -DAY CARE FACILITY(PSY) A-(IL) -INDEPENDENT LABORATORY 6- -NIGHT CARE FACILITY (PSY) B- -OTHER MEDICAL/SURGICAL FACILITY UCF 1-78-SRC DOCTORS HOSP OF PINOLE REGISTRATIOt 2151 APPIAN WAY PINOLE CA 94564 RECORD-C1 . PATIENT NAME- 's(-, ltt r6t zahf1 IDA 0;L 000003947,- 1 . PATIENT NUMBER: g a y3 „-7 MEDICAL RECORD NO. ADMITTING PHYSICIAN: DISCHARGE DATE/TIME : ADMITTING DATE/TIME : l0- oa'a-3L DATE OF BIRTH: 10- 03- $3;. '. ADMITTING DIAGNOSIS: t330 ADMIT DIAGNOSIS . DESCRIPTION: x�p3xaaxxansaaxsaa:sassaasxsrrasaxsssx=aassaaaasaaxsax=ssxxxxoaxsssasasasssaa= . PRIVATE PHYSICAN : pr Gdca� - \S F N&RT N&RER PTRERMD UNAV PERLIST PATIENT ARRIVED VIA : _ _ . TIME i BP I TAMP FI RESP I PULSE I M/E�DS. ADMINISTERED: ': .: .; ; 77 Scc.. Tv (�JfQ NURSE'S NOTES• f ATTACHED) ALLERGIES: .JVFC LAST TET A G U R R_E_N_T_ M_E_.D_S_ f - - - - - - - - _ r - PHYSIGAN 'S ORDERS: - - - - CBC .UA ., UA-C+S LYTES . BUN CREAT BS AMYLASE CPK ISO'S ABG'S T.C. EKG . X=RAYS OTHER: at r A dog, who's owner is ]mown, snapped at this child today at day care/presechool. .t:;.;. The child has a 2cm laceration,' vertical, on.forehead and scalp . `: The wound was cleansed with betadine, anesth. with TAC, and closed.with N � ; (5) 6-0 Ethilon sutures. 3 e __ ' _ - 1 `try, � •.c� - a - e y 1.5.E°. : •R-�, 3�. r k 4 �: ', i 3• i ,0. , '� •`- i '? � �'t � JGt' tM¢ r4"i is tirT _ n � � .1• t�'. �rirrr P �w4 -Ya. y, A {rr - r r vas ayy• A C `• C 4?�y i �1�yr�',;Y'q'7?h';w � G J ' �..L �� °."�yyr ��Aq� �f�l.{.t \.�.�'-�,rl•rl a 1 u)f°` �."?1V4rri'�L''ii�4 �f . r r.�'-3+' � Y•l4 J�� . .q,� iy { y v� ' ✓.. ..a -q ' � J 3 ?. • 1. .0 1 r +,�a: A' }r, ��.�w' ik'a r 'o( i i �7ds s•. YeNi '�� ¢, rr3'ir �. -. t ��-1 liq� ~� Y''�•„nY tl� r r(, ¢ �+ri i� D j=: .. � u }r'% _ :.CJC4 •t, ry '.�ic.F[tiu �r LY vl ,.�c"4' lr ' :i'-• 1 i' �v•v� �.l v t r i {` w+.w ` + , 't` ., r i '` ',r�• i (•5��. it, 1 ['i'. r S✓,¢�y(�y + '�A 1 i.�,S,�Y ,, rt J laf• `I '� � \J '1{ [+w y f _1 +tom S' l� ' '(' t CYk 'r. 'SC} •Zr9' L. ,a7 h'(' �' 'y�JN7r'Rrb�dd'!�at. Ale '.�i t'}'.�. irr1'+t� 'r? r r' Sit r+ /F".r''r°j'3 ' Z i471u cDIAGNOSIS �Aeute�Yaceration of.vface,and,�scalp f ~ P$4iC.. .. ��._ ¢� _ _ -.t1' C�TR &154.W- 4;� .y'ri '�:{�4i��.f'�DI'SPOSI•, ,ION'`ON)DISCHIARGr CONDITION ON DISCHARGE"WORK ;3,+A.M:A:t�{a � ,j,n ` ( -'ti°' CRITICAL -4�FAIRet"t3 +i �'+;�f - ?. "' flor/TRANSFER '.TO ,}� .p �NJy. ,t• + �`,x +. •,�;¢ rz•,N��<< r � . lr'�tc,.,p'•tt ~ fi c�Y �- ti 2 , A'w +;•Pt tea .� -r. r c--• X aZ wl r'f i x r ltcrnt y _ Y Fq' -•?��"a ' S1,t + }•5 1�,• Y V '\— _� rta�j. 17 P`YSIC�IjANZj-S,"SI�yGINATUR� fi jy�.f�i�rr:.�+S�t.�{+Z:yrh +�.�F;'nY+dY�Y'yYlQ �T Z �r��-,':�' tS��.�'1,��.M,`r1�11•;T A..l�=r ...' :i�'d r 3.P3'�Y..'n`it".JYf!i ._:•L".: 500724-1 DR . BEAT 10/23/B6 JOHN DAVID 79903133 TAKE ONE TEASPOONFUL TWICE DAILY UNTIL GONE KEFLEX SUSP 125/5 10OCC 12 .07 WTM SUK MCK ' '..TCO-PAY v,4 .(G(G 777-2321-48 `;•' CALL 1 DAY AHEAD FOR REFILLS IN TT 1--`J L:!1_ i-i_li .. ji it :^RLI_ ' I I_.a.11� 'i_i`�.: IN L_1 .f u_I".. L. 't- �'cat 1�� „t.% - ' I I_F"11_..,'I_,� r1tT._,... CiT- i1 Cl .._ _ .... i a "1 ^ i i l Pr.t_`:1 ii 11 s. B.aI kirlo_t9 .L ic, (l) _IIlLF-.5'�.:L.( l, _i.:p C) Si; ±F_ '�: P. ..'_l.� , Il) L_ .r' �x a,i c ;rC)—Li :_) ) 115. i)() C)=:( E?LF= F,il_:eaft !E , t'Ls r r COA•T9A COSTA'COUWTY -ANIMAL CONTROL DIVISION K-84 11/2/86 ^"^ ANIMAL SITE REPORT� . OWNER OF ANIMAL Grays 'Stephanie --.C-ALA -EgwerAOSON elrTeni" Schardt;--.John ._ ___ ,. �..3 Addreals. 833 Loring , Address 1-24 Wren Court =„r Crockett - vh«re787`2453 c;,r Hercules - M '799 0313 i-T -Deattiption of :Animal_I)OberngB, nv�.*0ACW_ ..;bare Bitten .10./22/86_ 12;_15 - ., ° Address' where bitten Crockett -Corm t e r b n 3 -yrs i ff p Fart of body bitten forehead " ..Color _....: .... Age ...- ..:._. ._._ -SezTAr,r y is 1• - flt seNorvf- LN No. Date Due Extent of bite pllnCtune - j Yr. No. _ -`ti _ How bite occurred dAg llT11 PA R}lPC• T77 f}1 'In" . vl C Rabies vaccination: Na�F`�� Yes— Date r� Went t0 pE!t QOM, QOy bit un�rO�oiCed Quarantined at /2-%'C• /�iNn�F. Date A? Treated by Going to Dr ' s HosoiSFI Animal History Form No._ r 7/ 3- Address Date 10/2 2/8 6 Released from quarantine by Date -; Reported by victims father //ms�sr Phone Date animal died or killed '<� Report received by Cla11d1 a 10/22126 1 - 1 L rnl Date Time Lao.recon No.--Date— Pos.— Neg. v,curo contacted yes_- No Date sent tc IaD.--_ __--- INSTRUCTIONS TO ANIMAL OWNERS: t Mlnesslo Dae 1. If animal is quarantined at home, owner must agree to: t�� INSTRUCTIONS FOR PERSON BITTEN: a. keep the animal srrictly confined until released by Animal Control. 1. If possible, immediately capture, restrain or establish. description and \ b. Advise Animal Control of any signs of illness and to follovJ, ownership of animal. Animal Control instructions. Y As soon as possible, wash and fiush.wound with plenty of soap and ` water,detergent and water or water alone. the owner agrees to: 2. If animal quarantined at boarding kennel or veterinary hospital3. Promptly contact your physician for his advice andfor treatment of e. Take animal immediately to wound. _ at REMARKS: (See Over) Iri-j 2 aobies 2/6/06 &__ b. Arrange to reclaim animal. Date cite no lic 2/6/06 on "Taunvrr NOTE: Agreement to quarantine is not admission of liability �s /CECu.ri.:Fi• Fi✓r" �:i�.i�rY ____ .� or guilt. V UTL, victim or M.D. notified T� 7WNER'S SIGNATURE._ t r/% ASDe61-C 10M •� CUAP.ANTINING OFFICER lxl CONTRA COSTA COUNTY Animal Services Department GRAY, Stephanie (AKA _POWERS An mal Owner 833 Loring, Crockett Eti�t DOR LED DOMN MIT Address city +� „.tu=b?!fit tt':iORFt?<<ii0 ADDITIONAL PERTINENT INFORMATION. T Copy of bite report to victim SCHARDT Joh v 10/22/86 r.a - 10/29/86 10- 29-66 5 $ 1,U 0 DATE BY — - ACC#58 Rev. 2/79 2-M $ 1.0 0 ca 47ao- 1.o B 1 - 438 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Cl..im Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Pouting Endorsements, ) NOTICE TO CLAIMANT December 16 , 1986 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $1 , 502 , 262 . 46 Section 913 and 915.4. Please not all "WARNINGS". County Counsel CLAIMANT: JOHN HILDEBRA4D ET AL Dodge, Reyes , Brorby, Randall , Mitganf & Titmus Piuv 18 1986 ATTORNEY: Attorneys At Law 11 M�fklnez, CA 945531407 Oakland Blvd. , Date received ADDRESS: Suite 100 BY DELIVERY TO CLERK ON November 14, 1936 hand del . Walnut Creek, CA 94596 BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim. November 1.7 , 1936 ppHIL BATCHELOR, Clerk �� DATED: BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors 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. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �� ' / , ��f��c BY pu4y County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: DEC 16 1986 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC ] 7 BY: PHIL BATCHELOR by "7e— beputy Clerk CC: County Counsel County Administrator :pA-!CEIVED I:GV i,?C 1086 FML BATCHELOR EROARDOFRV uaE pg CLAIM AGAINST PUBLIC ENTITY oNtRAOo T E :.... � ..... .0" GOVERNMENT CODE, SECTIONS 905, 910, 910. 2 TO: County of Contra Costa: John Hildebrand, Barbara Hildebrand, and John Hildebrand III , the heirs at law of Elizabeth Hildebrand, deceased, make claim against the County of Contra Costa for the minimum sum of $1, 502, 262. 46 and makes the following statements in support of the claim. 1. Claimants ' post office address is 1766 Indian Way, Oakland, California 94611. 2. Notices concerning the claim should be sent to Dodge, Reyes , Brorby, Randall, Mitgang & Titmus, Attorneys at Law, 1407 Oakland Blvd. , Suite 100, Walnut Creek, CA 94596. 3. The date and place of occurrence giving rise to this claim are as follows: August 17, 1986; Bear Creek Road approximately 1573 feet south of County Mile Post 1. 40. 4. The circumstances giving rise to this claim are as follows: At the above time and place decedent Elizabeth Hildebrand was a passenger in a 1984 Ford Van, License No. 2L68256 owned and driven by Stewart Ashley Smith. The van went out of control while traversing a curve in Bear Creek Road, a county road, immediately north and west of the place referred to above, rolled and skidded approximately 156 feet fatally injurying Elizabeth Hildebrand who was pronounced dead at Raiser Foundation Hospital, Walnut Creek on said date. Bear Creek Road is an oil and gravel road which had been resurfaced by the county for a distance of at least one mile northerly and southerly of :1 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA .1laim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 16, 1936 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $447 . 74 Section 913 and 915.4. Please not alt" fltbunsel CLAIMANT: FRANKLIN H. MAYNE NOV 18 1986 26 Reliez Valley Court ATTORNEY: Lafayette, CA 94549 Martinez, CA 94553 Date received ADDRESS: BY DELIVERY TO CLERK ON November 12 , 1986 BY MAIL POSTMARKED: November 7 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel /+ Attached is a copy of the above-noted claim. November 13 , 1986 PpHHIL BATCHELOR, Clerk DATED: BY: Deputy L. Hall I1. FROM: County Counsel TO: Clerk of the Board of Supervisors 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. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: o Dated: /VL'��'% _ f qt>°� BY:� , _�puty County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). V. BOARD ORDER: By unanimous vote of the Supervisors present (*V' This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date, n — /f Dated: DEC 16 986 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) ect to certain exceptions, you have only six (6) months from the date this notice was personally served or sited in the mail to file a court action on this claim. See Government Code Section 945.6. eay seek the advice of an attorney of your choice in connection with this matter. If you want to consult torney, you should do so immediately. AFFIDAVIT OF MAILING lare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the I States, over age 18; and that today I deposited in the United States Postal Service in Martinez, rnia, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to aimant as shown above. DEC 17 1986 BY: PHIL BATCHELOR by eputy Clerk unty Counsel County Administrator CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY * Instructions to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action;, Claims relating to any other cause of action must be presented not later than one year after the accrual, of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553 (or mail to P.O. Box 911, Martinez, CA) ._ C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserve stamps MAyNg ; RECEIVED -z-r. 2e LA-ez (a� ct (AF" ett ) g, --) NOV /,21986 Against the COUNTY OF CONTRA COSTA) ) PN lOR or DISTRICT) C B T 0.90 as Fill in name ) By . ... ..`. ••• •. o+Puy. i The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the 'sum of $ 4 4-? ,-1L} 'y and in support of this claim represents as follows: ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) tn ---------------- ------------------------------------------------------- 2. Where did the damage or injury occur? (Include city and county) GR-Altss�� VON6ZoAT> ASP�y Lba y qR tit fin , Tcas� u� Rel aet V�•L► •e, 2n _----C6zs� Coal a _Crs� - --------------- d------------ -------------------- 3. How did the amage or injury occur? (Give full details, use extra sheets if required) L.ca�;-Q_ A�cVC W�+\� eRACk e a �.s i� rhsti �e l� ------------------------------------------------------------------------ 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? CovN�'� �\w� P�eCeN'1L.y $tiave.b Bopp lam o\L haws\� L.aas� dLoCk� ��,>� (3Le��C�p� (over) 5, What are the names of county or district officers -.--servants�ara I employees causing the damage or injury? U�kNow� Zo �� M -------------•------------------------------------------------------------ 6. What damage or injuries do you claim resulted? (Give full extent of injuries or -damages claimed. Attach two estimates for auto damage) '-4- ToTKL -------------•------------------------------------------------------------ 7. How was the amount claimed above computed? (Include the estimated amount of -any prospective injury or damage. ) ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. tease, �L�A�� Te,p S'Tw�ea h;s�v� Sa..t �1eo�o,. ------------------------------------------------------------------------- 9.:: List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT i �p NL ************************************************************************** Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney)" or by some person on his behalf. " Name and Address of Attorney Claimant' s Signature 2 P`e.l-i e-t_ CT Address Telephone No. Telephone No. ************************************************************************** NOTICE Section 72 of` the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " 1`1310ANI s aawolsnD . _ Alla VWOHV180 U31HON BZ9 L6.00 00 O W - M An Z, r •�r � W d O oa Q 0 W ` < ; } o Q o L20h o CC�Q W IC M. yy1 �I N ¢ W W GLL .1 m Q aH Wd b¢ W V. 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' N V 21's' UUj Om Q y - R$a W W o W z 7 a O W O a V L'.0 xxx9l_ it a a f/1 10 W W W04 cc cz �oa=ao ooh o x d o ~ N� m • W O '� ¢ UJ U7 tae a>>�J a W F H o >> ' x a _28 g:e ucdWau1 awa mri `17.Ia.W6 3m3 SLS 3 3 aI I it i ^"�� .� .1 r,, •R/�w�'...��•^�/'—.:... .-- r -.- Y ..n r .�T r ; �T-r.— �..i�.r�ra•� DAIpREl1TIl �VVR°� `, ' 't { No. , R t ,tit?17 SYSTEM 23.►2 �' ` i"t��` i.�� M STANDARD RENTAL - K=GAGREEMENT PAGE 2 .. - AUTHORIZED SYSTEM MEMBER -.�•'� ! �'` ` +' ',t „,t.%ice J�' � I'i 3., x W .y . ' :.{ . a REPLACEMENTORIGINAL r .�I n r )} l , , '!r A ✓'r k ' err" �,t I cr 3YEARS_MAKE !.i��! �� yt; •. }r� ♦r CI SPAR ' 7Y r?+ v.tr. 4.. ..t [ f W t I SPARE f/(/( ,Jt{ x� r ':x t s JAGK•.''rt s hu P''fv !YI :, 1! CAR NO 5, 1• cufToUt t1�.��t t!'N •�fl. Y I l)�,t.�., 1 •'U<<I{Q •6=P.� .;JACK DATE v n k.' J c ,,s, '.. LICENSE NO y, '6 Yz � w•a,�HdHF !C tl �•a t" ;�n ) �� , _ -r o:^s z ^ i s'f. a t i, ;COLOR&MODEL rl A • P < ! £, -:c_,. r I ,Z�Gf ;: :.r t• «',-., DATE AND /� (( p,M TIME-;;I ' L.. - r 1 4 7„ ''� t AM DATE AND /// / '!s ID6NTIP C�ATI,ON orlHeR i/ , / '°`a� ` �tA PM TIME t ^ y. .,�t PM AMEX yl ISA 1 CB DC YC r .. DRIVER•LH a a• Ro • + STATE ODOMETER Z 1 ? J READING E S AGE HOME NON E P. • .. ODOMETER R 17 'r! READING OUT L 4 Z.r V �MPyo KR NAME ? t... Y ♦. r Ai • 1'1 '>r 1 t r!1 �:• f �S "' , 'My 4 SLD I EM.� if r'>v"4ppt1`✓� , t .i.�s(r+y !�7N .3riY47t :I}a..2 Ar/ ADDRESS ,, `. LES CITY. i STATE h ZIP t 'BUSINESS PNON6 a ••MI1 'HOURS LOCAL CONTACT OR ADDRESS PHONE NO 1 , • • pgyS $ .. 1 .. ONLY THE BELOW NAMED PERSONS ARE AUTHORIZED AS ADDITIONAL • • t t _WEEKS DRIVERS. IF NONE, PRINT"NONE".ACROSS THIS SECTION AND HAVE ,F-:z'!•-� -$n' r-- t+,• �.:,�� , r SIGNED BY CUSTOMER4, r. ' RATES 00 NOT r fit V -..ri r + t - 5 c r , Irtf. ,�.,kk3 ' PV61.GAUGE REwDI TOTAL TIME{►NDµ! u" s��*4,t^C;'}I.•s '�ii[7s -,eft NAPE .,. ). oRNEnsuQr ,. '.M 11e Sf AiR16Pr5 e''„' l kar•..sr' I � ' . I.aElLW.w ' DRIVERS Ura - AGE ^" < r T E w w F NAME' - DRIVERS LIQ. GAS.,ITAXABLEI' BY INITIALING,CUSTOMER ACCEPTS OR DECLINES COMPREHEN ® AccEvrseL,y SIVE/COLLISION DAMAGE WAIVER AT:THE RATES ;BY-DE �'1,1�f t •ce:, .' SSUwB,s•.OTr+r'acrh�r't3+ .;' ,.}Lo '�L�..�..._. r �r l9 %du�'>SI CLINING'WAIVER;'CUSI.OMER'ACCEPTS FULLRESPONSIBILITY FOR ALL LOSS/DAMAGE TO THE RENTED VEHICLEUF'TOS ':T� �� .�,;•- __ � ••:5 PER OCCURRENCE.NOTICE:WAIVER DOES NOT.COVER LOSS OR s- SA TAX OFt, DAMAGE RESULTING FROM ANY VIOLATION OF PARAGRAPH 1;OR PER' Ex x S CHARGE %y'Y 2.ON PAGE 1 OF THIS AGREEMENT,FOR MISSING VEHICLE PARTS OR FO a>> VEHICLE DAMAGE_OTHER-THAN NORMAL-WEAR AND TEAR;CAUSED:BY VEHICLE GAS(wwo-T 1 `' I'I i OCCUPANTS INCLUDING ANIMALS. C/COW,IS NOT INSURANCE I agree to return the rented vehicle to the above location on or before date and r 'Er Ep AT; r " , time due back.". r, J� [: � DUE'`• i r, i A Bidni M r DEPOSIT ix ,ul v v v. ACKI /� / () AT ..�' v V ! i , If , 1 MINUS REFUND EXTEND TO • .FOR: - r AODI TIONAL Si 1 DATA INITIAL ) U ! n - - CASH'DEPOSIT ' 1 , ,� • ' MINUS REFUND ) !! EXTEND TO .rODJT,IONAL• ,c5 I s" ., s" dCASX DEPOSIT NO:DAMAGEY REMARKSl�PARE . a - ` )• '` �^ { n ,- l l t 1 if! �n31 tY1 yA.,f rfi. ❑JACK .. AMAGE D [jplL [(s € .:.. � .4 .--.,,) Lrtri':Ltt .I.i,] ry 1� ✓ ES• lmon 'i '.: NET DUE r LICENSEE.ri-sa2r HrJtr, ',N?t,b.3t:]i 'i.'. )t `i,a,T'}� NET'DUE '7. REAOI ALL DRIVING-RESTRICTIONS ON�TNFI F�EVSRSE U;`� CusTOMER SIDE CAREFULLY ' :, _ YOU ARE RESPONSIBLE FOR ALL TRAFFIC VIOLATIONS " H[fl j t' i; .CHARGED ` s,. PAID INrruL AND MUST TURN IN ALL SUMMONSES UPON CHECK UtL ,; REPORT ALL ACCIDENTS IMMEDIATELY n gl ,n w 7 n- a't . [ �� ',:t.. •ig .l .. ,. f;t,, w•HEX RENTAL AORE ENT'• t.' Customer has read both sides of this agreement and agrees to the terms and: [/ Q 1�wL�`� 6A•w oT� , PREPAgep pr :conditions thereof.Customer authorizes licensee,to process a Credit card ISA LiX7�, ` RfF. N ° ` Ih , . C6 tNI[FK IN:tJY a1 ,: toucher,If any In.Customer s name Customer maybe prosecuted if yeftle is: 4 Dt D } gr►,ER notreWmedwhenduehack ver �`'. ` � ` cLosap. I /r 1 "Elt,.: DC� TIME CALLED IN X �� 1 V ��✓/f, y) 1 (z 4} T� I 'v i11`*`� L j YC G THANKYOU,WE.APPRfC/ATEYOI/RBUS/NESSI.r. , _,;'. CL 0SFr-n PECTTOFINAL-AUDIT' :i-No.. NEGHERSON LINCOLN-MERCURY • MERKUR • CHRYSLER-PLYMOUTH YUGO MITSUBISHI 2345 BROADWAY • TELEPHONE(415)893-7282 OAKLAND,CALIFORNIA 94612 INVOICE DATENUMBER CNU NUMBER NAME 11/05/86 264 ADDRESS _ x-. -:QTY PART NUMBER/DESCRIPTIONx v < BIN a LIST ty NET ?' AMOYNT; j _ we,4., H W SHIELD �; ui/ ii _iu;j l N,t � +. � n f cr�l ' >�e. s✓ ...fir +F OLO 1 1 O NO.Z:� �✓ a -k. oIp Rr� yft om !� GROSS NO RETURNED GOODS ACCEPTED WITHOUT COPY OF THIS INVOICE A 2D%,HANDLING CHARGE WILL,BE MADE ON ALL GOODS RETURNED. =�0 0 ; NO RETURNED GOODS ACCEPJED AFTER 30 DAYS. �k SUBTOTAL _)c 1 NO RETURNS ON ELECTRICAL ITEMS OR SPECIAL ORDERS. TAX PARTS MUST iBE IN ORIGINA� N AINER OR NO REFUND ALLOWED. PAY THIS AMOUNT Received By INTERNAL 30' 10 VIM-))71(e•W) UI1 w0 MWIL85" NEGHlERSON LINCOLN-MERCURY • MERKUR • CHRYSLER-PLYMOUTH YUGO MITSUBISHI 2345 BROADWAY o TELEPHONE(415)893-7282 OAKLAND,CALIFORNIA 94612 DATE NUVMBER CUSTOMER NU NUMBER NAME I 1/06 k. 'I-„:=•I• ADDRESS QTY •? PART NUMBER/DESCRIPTION `' '.. IN, {.;.LIST , DIET AMOUNT' f- EoA2—i75: 3—A REFILL ;x;x rr�' ` 4 6 ii C _. �r p LAD ,yr '�SIp tl s?.i M1 . SBYD -�1;'. OU NO.I�� CS :+' , Nsi7�•t c” 7'17,1977" 11M GROSS NO RETURNED GOODS ACCEPTED WITHOUT COPY OF THIS INVOICE. A 2111,HANDLING CHARGE WILL BE MADE ON ALL GOODS RETURNED. SUB TOTAL NO RETURNED GOODS ACCEPTED AFTER 30 DAYS. NO RETURNS ON ELECTRICAL ITEMS OR SPECIAL ORDERS, TAX I 1 PARTS MUST BE IN ORIGINAL CONTAINER OR NO REFUND ALLOWED. PAY THIS AMOUNT Rw*ivea By INTERNAL G,72 I ver-a»a lo-wl en�•awwa, uraonuaw aee uaeoa +' CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as Ex-Officio as the Governing Board of the Consolidated Fire District Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 16 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Undetermined Section 913 and 915.4. Please not all "WAIENLI4PtY Counsel CLAIMANT: MACY' S CALIFORNIA NOV 18 1986 c/o Daniel M. Crawford, Esq . ATTORNEY: Carroll , Burdick & McDonough Martinez, CA 9453 One Ecker Bldg. , Ste. 400 Date received ADDRESS: San Francisco, CA 94105 BY DELIVERY TO CLERK ON November 13 , 1986 BY MAIL POSTMARKED: November 12 . 1936 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. November 17 , 1936 ppH 1L BATCHELOR, Clerk DATED: BY: eputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (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. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �Q.0 �/, / / �6 BY: � ep(ity County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: DEC 16 1986 PHIL BATCHELOR, Clerk, By� � . Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the :date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today 1 deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 17 1986 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator .CL= TO: ,BOARD OF SUPERVISORS OF CONTRA C�§ c Xapplicationio Instructions to ClaimantC!erk of the Board Martinez,California 94553 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, 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 OT this form. RE: Claim by )Reserved for Clerk' ng stamps Macy's California ) [ .ARECEIVED Against the COUNTY OF CONTRA COSTA) 140V � „86 or CONSOLIDATED F DISTRICT) CL PAC1401!ORS Fil in name . . The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ undetermined at this time and in support of this claim represents as follows: I. When did the damage or injury occur? (Give exact date and hour] December 23, 1985, at approximately 8 :30 p.m. Macy's was served, with a lawsuit by plaintiff Taylor on Sept. -26 , 1986 , and Macy's cause of action for indejmtty__ajASP+_a�L 4- ,at a=+� �. Where aid the damage or. in3ury occur? (Include city and county) Sunvalley Shopping Center, City of Concord, County of Contra Costa. 3. How did the damage or injury occur? (Give full details, use extra sheets if required) See ,attached Page 1. 4. what particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? The county, the district and its servants and employees negligently constructed, maintained, operated and/or managed Buchanan Field Airport and other public property. The said county, district and its employees and servants are liable in strict liability for maintaining, operating and/or managing the airport and other (over) Public property in its dangerous and defective condition. 5. What..are the names of county or district officers, servants or— employees causing the damage or injury? ' Unknown at this time 6. What damage or injuries do you claim resulted? ZGive full extent of injuries or damages claimed. Attach two estimates for auto damage) _ See attached Page 1. ----------------------- ----------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) This .is a claim for total indemnity. The amount of damages will be determined by the injured parties' recovery against this claimant. ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. See attached Exhibit B. Investigation is continuing with regard to any potential witnesses . The Consolidated First District and Concord Police Department reports convering the accident list potential witnesses . 9. List the. expenditures you made on account of this accident or injury: -DATE ITEM AMOUNT *} Macy's fias incurred and is incurring substantial investigative y defense costs ,fincluding attorneys fees and further may be. subject to the payment: of damages to injured parties . and Macy's seeks indemnification for all such damages , .attorneys fees and costs . 6 r • ...... Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by qc:Lme. person ehalf. " Name and Address of Attorney Daniel M. Crawford, Esq. Claimant ignature Carroll, Burdick & McDonough for: Macy 's Calf( nia One Ecker Bldg: , Suite 400 P. O. B dry%%8 San Francisco, CA 94105 Telephone No. 415/495-0500 ox San Francisco, CA 94120 p Telephone No. 415/954-6014 Attn: William H. King , Vice Pres . A*t**tttlRtttRR*RRRttt**R*tt**t*ttRtRt*RtRRttRRRttRRRRR*R*RRRtR RRtt*fRRR** NOTICE Section 72 of the Penal Code provides: "Every person who, with intent -to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " 3 . A Beechcraft Baron aircraft crashed into the roof .of Sunvalley Shopping Center, .killing the pilot and passengers and injuring shoppers in the mall, among whom was Nora L. Taylor. Ms. Taylor is claiming damages as set forth in her complaint filed on August 28 , 1986 , a copy of which is attached hereto as Exhibit A. -6 . Plaintiff seeks general damages within the jurisdiction of this court, medical and related expenses, loss of earnings and earning capacity, economic losses , punitive damage, costs . of suit, interest, reasonable attorneys '- fees and such other relief as is deemed proper. See Exhibit A attached. Macy's claim is for complete and/or partial indeminity of any recovery against Macy' s by Ms . Taylor claiming damages due to the air- crash. The accident our of which the claim arose occurred on December 23 , 1985. The cause of action for indemnity arose on September 26 , 1986, when Macy 's was served with the lawsuit filed by Ms. Taylor. • L : • C n a � Dr 1 ROBERT W. LAllARINI, ESQ. LAllARINI & FRAZIER 2 A Professional Corporation • .181980 -49 Quail Court , Suite 212 AU C, •4 3 Walnut Creek, CA 94596 R. OLSSON, County Clert ' Telephone: (415 ) 934-5000 CONTRA COSTA COUNI'r 4 ly Attorneys for Plaintiffa::r 5 NORA_ L. TAYLORhL r �J 6 A 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF CONTRA COSTA 9 10 NORA L. TAYLOR NO. 290470 11 Plaintiff, COMPLAINT FOR DAMAGES 12 1. Negligence VS . _ -2. Nuisance 13 3. Breach of Warranty BEECHCRAFT AIRCRAFT CO. ; 4. Strict Products •14 BEECHCRAFT WEST, a California Liability Corporation; TELEDYNE 5. Negligent Infliction of 15 CONTINENTAL MOTORS, a division Emotional Distress of TELEDYNE INDUSTRIES, INC. ; 6. Punitive Damages 16 ESTATE OF JAMES MOUNTAIN GRAHAM; GENERAL AIR SERVICE, a 17 California Corporation ; JAMES V. MAGEEAN ; ARK DISTRIBUTING 18 COMPANY; CITY OF CONCORD; COUNTY OF CONTRA COSTA; 19 BUCHANAN FIELD AIRPORT ; SUNVALLEY ASSOCIATION dba 20 SUNVALLEY MALL SHOPPING CENTER; TAUBMAN COMPANY, INC. , a 21 Michigan Corporation ; WELLS FARGO BANK, as Trustee and 22 buccessor-In Interest to the TAUBMAN COMPANY, INC. , ; R. H . 23 MACY, INC. ; and DOES ONE through ONE HUNDRED, inclusive , 24 Defendants. / 25 Plaintiff alleges as follows : 26 1. Plaintiff NORA L. TAYLOR was injured on •:[arini & Frarirr r[sso+. w•oa.ow . .a awa tou+r suR as •4[V rKIO.IY NfN r'lry; •.n.•..aaao W.uit 1 December 23, 1985, at the Sun Valley Mall as hereinafter set 2 forth.__ 3 2. Plaintiff herein timely filed her amended claim 4 against the City of Concord and the County of Contra Costa on or 5 about- March 27, 1986. The CITY denied Plaintiff' s claim on or 6 about April 1 , 1986. The COUNTY denied Plaintiff' s claim on or 7 about April 29 , 1986. 8 FIRST CAUSE OF ACTION .(For Negligence Against All Defendants) 9 3. That the true names or capacities, whether individual, 10 4ssociate , corporate or otherwise, of defendants DOES 1 through 11 500, inclusive, and each of them, are unknown to plaintiff, who 12 therefore sues defendants by such fictitious names. Plaintiff is 13 informed and believes and thereon alleges that each of the 14 defendants designated herein as a DOE is responsible in some 15 actionable manner for the events and happenings herein referred 16 to, and caused injuries and damages proximately thereby to 17 plaintiff as hereby alleged. 18 4. At all times herein mentioned each of the defendants 19 named herein, including, without limitation each DOE defendant, 20 was the agent, servant, employee or otherwise acting in concert 21 of each of the remaining defendants and was at all times acting 22 within the purpose and scope of said agency, service and 23 employment, or acting in concert to bring about the damages 24 alleged herein. 25 5. That at all times herein mentioned, defendants SUN 26 VALLEY SHOPPING CENTER and each of them, are located at NM PrK[S I.anarini 6. Frazier 2— �!rSSO%U CC.r ATA o ww tw+r WrC W uni.a.srroo 1 Number 1 Sun Valley Mall in the City of Concord, State of 2 California. Defendants SUNVALLEY SHOPPING CENTER, CITY OF 3 CONCORD, and COUNTY OF CONTRA COSTA are being sued as a result of 4 their negligently, carelessly, wantonly and recklessly placing a 5 shopping center that attracts a great number of people on a 6 heavily trafficked air corridor in the vicinity of the Buchanan 7 Field Airport and failing to operate same in a safe manner. 8 6. At all times herein mentioned, the WELLS FARGO BANK, 9 Trustee for the TAUBMAN COMPANY, INC. , and its predecessors of 10 interest, the TAUBMAN COMPANY, INC. , a Michigan corporation, and 11 Does 1 through 20, were corporations or other entities doing 12 business in the State of California for the purpose of owning, 13 placing, managing and maintaining defendants SUN VALLEY MALL AND 14 SHOPPING CENTER. Said defendants are doing business in the State 15 of California and maintain more than minimal contacts. The above 16 defendants along with the CITY OF CONCORD and COUNTY OF CONTRA 17 COSTA are hereby being sued as a result of their negligent, 18 careless, wanton and reckless behavior of placing and maintaining 19 a shopping center in the area of a busy air corridor in the 20 vicinity of the Buchanan Field Airport. These defendants knew, 21 or should have known, that during a fog, aircraft would make a 22 missed approach and fly over their mall in a very vulnerable 23 position therefore causing a risk of disaster and destruction. 24 Said defendants knew or should have known that it was reasonably 25 foreseeable that an aircraft might collide with their maintained 26 premises and were therefore negligent in not providing anti-collision lights or beacons on the buildings or designing L.c:ari ni h Frazier •�orrsso..•.coro..ror. ..Q/•S Co�.r —3- 14 3— )Q '•Jr U[G C4r dIM.NSN and maintaining an adequate fire suppression, warning and escape 2 =system for the general public. 3 7. R. H. MACY, INC. , and DOES 100 through 300, inclusive 4 were at all times relevant business entities luring customers 5 into the mall while knowing that their location was dangerous du 6 to the close proximity to Buchanan Field Airport and knowing the 7 likelihood of an air crash from planes using Buchanan Field 8 Airport. Said defendants knew or should have known that it was 9 reasonably-foreseeable that an aircraft might collide with their 10 maintained premises and were therefore negligent in not providin 11 anti-collision lights or beacons on the buildings or designing 12 and maintaining an adequate fire suppression, warning and escape 13 system for the general public. 14 8. That at all times herein mentioned, decedent JAMES 15 MOUNTAIN GRAHAM, JAMES V. MAGEEAN, ARK DISTRIBUTING COMPANY, 16 INC. , and defendants GENERAL AVIATION SERVICES and DOES 21 17 through 40 and each of them, were the owners and operators of 18 defendants' BEECHCRAFT BARON AIRCRAFT, registration number N1494 19 Said defendants, and each of them, are hereby being sued as a 20 result of negligently, carelessly, recklessly and wantonly 21 operating, maintaining, controlling, aviating and navigating sal 22 aircraft so as to proximately cause the crash in defendants' 23 shopping mall thereby seriously injuring the plaintiff. 24 9. That at all times herein mentioned, defendants 25 BEECHCRAFT AIRCRAFT COMPANY, BEECHCRAFT WEST, and DOES 41 throug 26 60, inclusive, negligently, carelessl y, recklessly and wantonly uw onw s ..designed, assembled, manufactured and distributed said aircraft '•!y[SSOL4 COupna lON ..Q41 CQI91 so that said aircraft could not be properly controlled by -4- 1 defendant JAMES MOUNTAIN GRAHAM, and each of them, so as to 2 proximately cause said aircraft to crash into said defendants' 3 mall. 4 10. On or about December 23, 1985, defendants and 5 decedent, JAMES MOUNTAIN GRAHAM, JAMES V. MAGEEAN, and ARK 6 DISTRIBUTING COMPANY, INC. , so negligently, carelessly, wantonly 7 and recklessly maintained and controlled and repaired 8 said aircraft so as to proximately cause said aircraft to crash 9 in the mall thereby proximately causing the plaintiff to suffer 10 severe personal injuries . 11 11 . That at all times herein mentioned, GENERAL AVIATION 12 SERVICES, DOE AIRCRAFT REPAIR SERVICE, JAMES MOUNTAIN GRAHAM, 13 JAMES V. MAGEEAN, ARK DISTRIBUTING COMPANY, INC. , and DOES 21 14 through 40, inclusive, so negligently, carelessly, wantonly and 15 recklessly maintained and repaired said aircraft so as to render 16 said aircraft inoperable proximately causing said aircraft to 17 crash in the shopping mall, thereby causing the plaintiff to 18 suffer severe personal injuries. 19 12. That at all times herein mentioned, defendants DOE 20 CIVIL ENGINEERING COMPANY and DOE ARCHITECTURAL COMPANY and DOES 21 61 through 80, located said mall and gave advice to locate said 22 mall under the main corridor of air traffic from Buchanan Field 23 Airport. As a direct and proximate result of placing large 24 numbers of the public and enticing them to go to a shopping 25 center , large numbers of the public were placed in a very 26 dangerous position. Said placement of said shopping center under ..a.,r[s -5- '.a::arini S[ Frazier ., ' '>[ 9gh4 CO.q..rgr. Sxt[21Z"Jr G[U CK.O.Nr.N999 .419i 9a.9000 1 the air corridor of a busy airport was negligently, carelessly, 2 wantonly and recklessly promoted by said defendants, and each of 3 them. 4 13. As a further, proximate result of the negligence of 5 defendants, and each of them, plaintiff suffered a loss of 6 earnings and earning capacity which has been greatly impaired, 7 both in the past, present and future, in an amount according to 8 proof . 9 14. As a further , proximate result of the negligence of 10 of defendants, and each of them, plaintiff has incurred and will 11 continue to incur, medical and related expenses in an amount 12 according to proof. 13 15. As a proximate result of the negligence of 14 defendants, and each of them, plaintiff was hurt and injured in 15 her health, strength, and activity, sustaining injury to her 16 nervous system and person, all of which injuries have caused, and 17 continue to cause, plaintiff great mental, physical and nervous 18 pain and suffering. Plaintiff is informed and believes and 19 thereon alleges that such injuries will result in some permanent 20 disability. As a result of such injuries, plaintiff has suffered 21 general damages in an amount according to proof . 22 SECOND CAUSE OF ACTION 23 [Nuisance] 24 16. Plaintiff alleges as though fully set forth at 25 length, and incorporates herein by this reference, all of the 26 allegations of Paragraphs 1 through 15, inclusive. 4w OK[S —6 I.a^wrini 6. Fru:ier .. u w•r cw++ sw+r iv w 1 17 . Defendants CITY, COUNTY, TAUBMAN, WELLS FARGO, and 2 DOES ONE through TWENTY, inclusive , and each of them, in 3 building, constructing, placing, approving, ratifying and 4 permitting the building and continued operation of the SunValley 5 Mall too close to Buchanan Field Airport and in the path of 6 established flights, landings and missed landing patterns at said 7 airport, committed and maintained a nuisance, resulting in 8 personal injuries to the plaintiff, as set forth more 9 particularly hereinafter . 10 18. Defendants CITY, COUNTY, and DOES ONE through TWENTY, 11 inclusive, and each of them, permitted planes attempting to land 12 at AIRPORT to come too close to the mall; failed to properly 13 supervise and control flights and landings ; failed to properly 14 supervise operations of AIRPORT; permitted landings under fog 15 conditions; failed to maintain sufficient flight controller 16 operations; failed to maintain adequate navigational aids; and 17 permitted planes to land on December 23, 1985, under dangerous 18 conditions without proper monitoring or flight controller t9 direction and guidance to the danger of the public and to the 20 actual injury of plaintiff and constituted a nuisance. 21 19. As a direct and proximate result of. the aforesaid 22 conduct of defendants, and each of them, plaintiff suffered 23 severe and permanent injuries. 24 THIRD CAUSE OF ACTION [Breach of Warranty 25 20. Plaintiff alleges as though fully set forth at 26 7-Fra -7- Frazier zier , '.otsso+u ca..on•np.. ' SN[[ll, '•Uf C.[[.CNtpwN.y.yN ..s,.v sacro 1 length, and incorporates herein by this reference, all of the 2 allegations of Paragraphs 1 through 19, inclusive. 3 21 . Defendants, and each of them, expressly and/or 4 impliedly warranted that the BEECHCRAFT BARON, registration 5 number N1494G, was airworthy, of merchantable quality, and fit 6 and safe for the purpose for which it was designed, manufactured, 7 assembled, sold, intended and used, and was free from all 8 defects; and reliance was made upon said warranties. 9 22. Defendants, and each of them, breached said 10 warranties in that the said aircraft was not airworthy, of 11 merchantable quality, fit or safe for the purpose for which it 12 was designed, manufactured, assembled and sold, intended and 13 used, and further it was not free from all defects, and as a 14 result thereof, plaintiff NORA L. TAYLOR sustained severe 15 injuries . 16 23. As a direct and proximate result of the aforesaid 17 conduct of defendants, and each of them, plaintiff suffered 18 severe and permanent injuries . 19 FOURTH CAUSE OF ACTION ( For Products Liability/Strict Liability) 20 In Tort Against Defendants BEECHCRAFT AIRCRAFT COMPANY, 21 AND DOES 21 through 61 , inclusive, 22 24. Plaintiff realleges paragraphs 1 through 23 as though 23 fully set forth herein. 24 25. Said aircraft was defectively designed, manufactured 25 and assembled proximately causing said aircraft to crash into said mall . 26 -8- Uw Or.•C[S :_.[.:\rini &L Fra-ler '�S[lSOti4[O.O.•lgh •,w.n cwv ul.N 1000 1 26. That at all times herein mentioned, said BEECHCRAFT 2 BARON AIRCRAFT was designed, manufactured, and assembled and 3 distributed for the purpose of flying in the air and safely 4 transporting persons and property in a safe manner so that said 5 aircraft would not crash as a result of any of its parts or 6 components. 7 27. That as a direct and proximate result of the 8 defective manufacture, assemply and design and distribution of 9 said BEECHCRAFT BARON AIRCRAFT involved in said accident, said 10 aircraft did crash proximately causing severe personal injuries 11 to the plaintiff who was a pedestrian and shopper in defendants' 12 mall. 13 28 . Defendants, and each of them, knew, or should have 14 known, that the airplane and its component parts would be used 15 without inspection for defects therein or in any of its component 16 parts. 17 FIFTH CAUSE OF ACTION 18 [Negligent Infliction of Emotional Distress] 19 29. Plaintiff alleges as though fully set forth at 20 length, and incorprates herein by this reference, all of the 21 allegations of Paragraphs 1 through 28, inclusive. 22 30. As a direct and proximate result of the negligence of 23 defendants, and each of them, as described more fully above , 24 plaintiff NORA L. TAYLOR has suffered great mental suffering and 25 emotional distress occasioned by witnessing injuries and 26 -9- u.rnc[s :.a irini &L Fra:ier .. •y[ssw..i couw..rpr. a Sew[] 1 the severe burning of those around her after she sustained 2 personal injuries. - 3 31 . Defendants should reasonably have foreseen that their 4 serious commissions and omissions would lead to the serious 5 emotional distress for the reasons stated heretofore above . 6 32. Based on this negligent infliction of serious 7 emotional distress by defendants, plaintiff NORA L. TAYLOR is 8 entitled to general damages. 9 SIXTH CAUSE OF ACTION (For Punitive Damages and Exemplary Damages 10 Against Defendants WELLS FARGO BANK, as Trustee for the TAUBMAN COMPANY, INC. , the TAUBMAN 11 COMPANY, INC. , SUN VALLEY SHOPPING CENTER, SUN VALLEY MALL, and DOES 1 through 20 , inclusive. ) 12 33. Plaintiff realleges paragraphs 1 through 27 of ' the 13 First and Second Causes of Action as though fully set forth 14 herein. 15 34. Plaintiff alleges a cause of action for punitive 16 damages and exemplary damages in the sum of FOUR MILLION DOLLARS 17 on facts alleged in this complaint. 18 35. That at all times herein mentioned, Buchanan Field 19 Airport is an airport which purchased its land in 1942 and 20 started operations in 1946. During heavy fog, when the airport 21 lights cannot be seen, "missed approaches" are common and at such 22 times airplane pilots are flying by instruments. The stress 23 level of pilots during such maneuvers of aviating, navigating and 24 communicating to the tower is extremely high. The probability of 25 26 -10- UW d CES L a:za rini 6! Frasier ^J,ISSON4 CG.Jn.pN •9 Ql.M1 COU.r 51/IlC]] Jr C.Cd VI.O.h1.94596 a crash of a circling plane during these times are statistically 2 much higher than normal. All property within a one mile radius 3 of an airport is in a foreseeably dangerous position. 4 Defendants, and each of them, knew of said danger but acted in 5 conscious disregard of the danger that potential customers and 6 users of said mall might undergo if they selected said site for 7 said shopping mall because inexpensive land can be purchased in 8 the vicinity of airports. Defendants, and each of them, were 9 also aware that the mall would be used at night. The darkness 10 when coupled with fog created an even greater risk. Members of 11 the general public who are not as sophisticated as architects, 12 engineers and shopping center developers would not know of this 13 foreseeable danger and would shop at said mall feeling perfectly 14 safe. 15 36. As a direct and proximate result of said conscious 16 disregard of the safety and life of the potential users of the 17 mall, said mall was located in said dangerous location thereby 18 attracting thousands of potential shoppers and placing them in a 19 very precarious position. 20 37. As a direct and proximate result of said conscious 21 disregard of the rights and safety of potential shoppers and 22 users of the mall, plaintiff was attracted to said mall on a 23 foggy night, thereby placing her in extreme danger of an airplan 24 crash which did occur proximately causing severe personal 25 injuries to the plaintiff. 26 -11- uw or.r(g I.+::irini 6 Frasier "1(SSOM1/ CO.Ow(IAM1 W rl t@ •.1•!.•iOQp 38 . Defendants knew that by placing said shopping center 2in a radius within one mile of an airport that a crash was 3 inevitable and that said crash had a high likelihood of occurring 4 on their mall. Defendants, and each of them, knew of said danger 5 but in conscious disregard of the probability of a disasterous 6 air crash, and solely for their own pecuniary gain, placed 7 Defendant Mall in the inexpensive land immediately surrounding 8 said airport. In so doing, said Defendants, and each of them, 9 acted maliciously, wantonly and willfully, and with the intent t 10 vex, injure and annoy Plaintiff, and the general public, and in 11 manner as described in California Civil Code Sec. 3294. 12 Plaintiff is therefore entitled to punitive and exemplary damage 13 in an amount determined to be just by the trier of fact so as to 14 prevent and deter said dangerous conditions and continuing 15 dangerous conditions all to the public' s detriment as herein 16 before and hereinafter set forth. 17 WHEREFORE, plaintiff prays judgment against defendants, 18 and each of them, as follows: 19 1 . General and special damages in an amount as alleged 20 herein or according to proof at trial; 21 2. Damages for medical and related expenses, according t 22 proof; 23 3. Damages for loss of earnings and earning capacity, 24 according to proof; 25 4. Damages for plaintiff' s other economic losses, 26 according to proof; !.i::arini Frasier -12- >[SS-014 CC.i0.1[OM SIC 3] . •41l,Y].SOOD 1 5. For punitive or exemplary damages in the amount of 2 $4,000,000.00 ; 3 6. Interest on all sums allowed by law; 4 7. Plaintiff' s costs of suit incurred herein; 5 8. For reasonable attorneys' fees incurred in bringing 6 this action; and 7 9. For such other and further relief as the Court deems 8 just and proper. 9 Dated: August 1 , 1986 . 10 11 LAZW. R A p� ation 12 13 By14 INI , 15 Attorney for Plaintiff 16 17 18 19 20 21 22 23 24 25 26 UN MK[! a::arini &L Frazier —13- -9 13n a..-.cwnr "CE 0SM.0 int .11N!WO 1 VERIFICATION 2 _ - - 3 4 5 I, the undersigned, declare and say: 6 I am a party to the within entitled matter; I have read 7 the foregoing COMPLAINT FOR DAMAGES and know the contents 8 thereof, and the same is true of my own knowledge except as to 9 the matters therein contained which are stated on information or 10 belief, and as to such matters, I believe them to be true . 11 I declare under penalty of perjury that the foregoing is 12 true and correct. 13 Executed at Walnut Creek, California, this ,lam day of 14 1986. -15 - 16 N RA L. TAYLOR 17 18 19 20 21 22 23 24 25 26 uw mcts Frasier ' ' Y[SSV,4 CJ.,On.rd .W.M1 rAlI41 Sylf[11l .•p U[Ut G+dwu NfN uli.Yp000 MACY'S SUN VALLEY MALL. CRASH - Arbelaez, Deanna Armsden, Vincent M. Bonella, Jina- Borque, Joseph t Camcan, Ann Church, Larry Conner, Brian Crouch, Jonathan L. Davis, Kathy Doty, Margaret Dunn, Dayle Elliott, Vern Eros, Charlotte Evangelista, Danielle Evangelista, Stephanie Evans, Diane Glinndon, Davis Graham, James Grehl, Wayne Guadagni, Wendy Hamilton, Lynn Howe, Timothy Jacobsen, James Jacobus, Brett Jamash, Aaron Jamash, Fatima Johnson, Anthony . . ..1 - . . ._ .-:..:r>::.�t•._J.._..... .. .�fCsi..air .:'vim. MACY'S SUN VALLEY MALL-CRASH. - Kaify, Mohamed Lang, Richard Larsenj-Pat Lewis, Mack t Lodge, Christina Lodge, Cindy Lodge, Gary " Lodge, Julie Ann Lucchese, Nancy Lucchese, Peter Lui, Kenneth Lui, Kenneth Lui, Virginia Luong, Alexander Maderos, Kim Molina, Marial Murray, James Oliver, Brian On, Ann ' Patterson, Merle Pellegrina, Gian Ploughman, Janet Plowman, Clorene Pruett, Richardson, James Roberson, Kenneth Rodreguez, David MACY'S SUN VALLEY MALL CRASH 4 Sadler,. Kelly Sadler, Pamela Sadler, Sabrina Santos, Edward t Seiffert, Gregory Sellars, Patricia Shah, Chandra Shah, Chandrika Shaw, Kunjavadan Sheppie, Ruth Shiehan, William Sodaro, Susan Stanford, Pam Stratton, Shannon Suzuki, Kenji Taylor, Nora Thompson, Heather Tillmany, FNU Trice, Jarrod Trice, Susan Wagner, Timothy Wells, Allan White, Carolyn Widdrick, Robert Wilson, Michael Wood, Timothy Woodson, Matthew z x r CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 16 , 1986 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $1 , 000, 341 . 00 Section 913 and 915.4. Please not all "WAQ1lI. C�jy CpLf1SEl CLAIMANT: JOHN HILDEBRAND III NOV 181986 Dodge, Brorby, Randall, Mitgang & Titmus ATTORNEY: Attorneys At Law Mart;nez, CA0455'3 1407 Oakland Blvd. Date received ADDRESS: Suite 100 BY DELIVERY TO CLERK ON November 14, 1986 hand del . Walnut Creek, CA 94596 BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. gdIL gATCHELOR, Clerk DATED: November 17 , 1936 : Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors Y J 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 910.6). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: /Va&k- :�V, BY:LJ A '�` —•9('puty County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: DEC, 1 6 198 6 PHIL BATCHELOR, Clerk, By. � Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 1 71986Q/�� BY: PHIL BATCHELOR by �We;N�_Deputy Clerk CC: County Counsel County Administrator RE EI VEO 1XV 14- 1,986 atiaoBm . PHIL BATCHELOR CLAIM AGAINST PUBLIC ENTITY ERK B RD COSU ERVISOR$ co csy C .0 y GOVERNMENT CODE, SECTIONS 9051 910, 910. 2 ev TO: County of Contra Costa: John Hildebrand III makes claim against the County of Contra Costa for the minimum sum of $1, 000,341. 00 and makes the following statements in support of the claim. 1,. Claimant' s post office address is 1766 Indian Way, Oakland , California 94611. 2. Notices concerning the claim should be sent to Dodge, Reyes, Brorby, Randall, Mitgang & Titmus, Attorneys at Law, 1407 Oakland Blvd. , Suite 100 , Walnut Creek, CA 94596. 3. The date and place of occurrence giving rise to this claim are as follows: August 17, 1986; Bear Creek Road approximately 1573 feet south of County Mile Post 1. 40. 4. At the above time and place John Hildebrand III and his sister Elizabeth Hildebrand were passengers in a 1984 Ford Van, License No. 2L68256 owned and driven by Stewart Ashley Smith. The van went out of control while traversing a curve in Bear Creek Road, a county road, immediately north and west of the place referred to above, rolled and skidded approximately 156 feet fatally injurying Elizabeth Hildebrand who was pronounced dead at Kaiser Foundation Hospital, Walnut Creek on said date. Bear Creek Road is an oil and gravel road which had been resurfaced by the county for a distance of at least one mile northerly and southerly of the point of accident on a date or dates unknown to claimants but known to the County of Contra Costa. There was loose gravel at least 1/4 inch deep in varying widths - but no less than two feet - in the center of the roadway. This gravel constituted a dangerous condition which created a reasonably foreseeable risk of the kind of accident and injury which occurred. That condition was directly attributable wholly' or in substantial part to a negligent or wrongful act of an employee or employees of the county whose responsibility it was to take adequate measures to protect against the dangerous condition, to-wit, by the compaction or removal of the gravel. Funds were available to take such measures and said employee or employees had actual or constructive notice of the dangerous condition a sufficient time prior to the accident and injury to have taken measures to protect against that condition. Although there were signs stating "loose gravel" at varying intervals on the easterly and westerly sides of the road, there were no speed limit signs, cautionary signs relating to speed, cautionary signs indicating a buildup of gravel in the center of the roadway or lighting of any type to indicate the presence of loose gravel in the middle of the roadway. The loose gravel in the middle of the roadway was a proximate cause of the accident above referred to, injuries to John Hildebrand III, including the emotional distress proximately caused by witnessing the fatal injuries sustained by his sister, Elizabeth Hildebrand. 5. Claimant' s sustained multiple bruises and abrasions, pain resulting therefrom and severe continuing emotional distress from witnessing the traumatic injury to and death of his sister, Elizabeth Hildebrand. C% 6. The names of the public employees causing the injuries to-claimant and the death of Elizabeth Hildebrand are unknown. 7. The amount claimed as of the date of presentation of the claim together with the basis of computation of the amount claimed is as follows: Emergency Room Treatment (Kaiser Foundation Hospital ) $ 161. 00 Medical care 181. 00 General Damages $1, 000 , 000. 00 Total $1, 000, 341. 00 Dated: November 12, 1986. ROBERT P. BRO Attorney for Claimant: P W7 CLAIM BOARD OF SUPERVISORS OF.CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 16 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Undetermined Section 913 and 915.4. Please not all "WARNINGS". County Counsel CLAIMANT: MACY' S CALIFORNIA (BUCHANAN FIELD AIRPORT) c/o Daniel 14. Crawford, Esq. w(jV 1 �i 19a6 ATTORNEY: Carroll, Burdick & McDonough One Ecker Bldg. Ste. 400 Date received Martiflez, CA 94553 ADDRESS: San Francisco, CA 94105 BY DELIVERY TO CLERK ON November 13 , 1986 BY MAIL POSTMARKED: November 12 , 1986 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: November 17 , 1986 EgIL BepuAATTCYELOR, Clerk L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (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. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY:V / puty County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (x) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. p Dated: DEC 1 G 1986 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the :date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. DEC1 7 1986 Dated: BY: PHIL BATCHELOR byg�Zeputy Clerk CC: County Counsel County Administrator .CyZJ,K T0: BOARD OF SUPERVISORS OF CONTRA COAX6rrF%9TgT;Xapp1icationto: +� Instructions to ClaimantClerk of the Board 64ri0101Q Shy Martinez.California 94553 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 latex 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. 911.28 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 )Reservid g stamps Macy's California ) RECEIVED Against the COUNTY OF CONTRA COSTA) w0V 1986 or BUCHANAN FIELD AIRPORT DISTRICT) c� 0T AT2.MTL 80" (Fillin name ) By . 4.. •• The•undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ undetermined at this time and in support of this claim represents as follows: --------�----- ----------� - ------------------------------------ -- --- . When did the damage or injury occur? (Give exact date and hour] i December 23, 1985, at approximately 8 :30 p.m. Macy 's was served with a lawsuit by plaintiff Taylor on Sept. '26 ,, 1986,, and Macy's cause of action for_inde�,ity, T_Q;L thates �. where did the damage or. injury occur? (Include city and county) Sunvalley Shopping Center, City of Concord, County of Contra Costa. 3. How did the damage or injury occur? (Give full details, use extra sheets if required) See attached Page 1. 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? The county, the district and its servants and employees negligently constructed, maintained, operated and/or managed Buchanan Field Airport and other public property. The said county, district and .its employees and servants are liable in strict liability for maintaining, operating and/or managing the airport and other (over) public property in its dangerous and defective condition. 5. what are tie names of• county or district officers, servants ori employees causing the damage or injury? Unknown at this time 6. What damage or injuries do you claim resulted? ZGive full extent of injuries or damages claimed. Attach two estimates for auto damage) .- See attached Page 1. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) This :is a claim for total indemnity . The amount of damages will be determined by the injured parties' recovery against this claimant. 8. Names and addresses of witnesses, doctors and hospitals. See attached Exhibit B. Investigation is continuing with regard to any potential witnesses . The Consolidated First District and Concord Police Department reports convering the accident list potential witnesses . 9. List .the..expenditures you made on account of this accident or injury: DATE ITEM AMOUNT ".. . 'Macy' s has%incurred and is incurring substantial investigative defense costs ; including attorneys fees and further may be. subject to the. payment of damages to injured parties . and Macy's seeks indemnification for all such damages , .attorneys fees and costs . Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by i5ome-pprson.,06 bdosftehalf. " Name and Address of Attorney Daniel M. Crawford, Esq. Claimant 1qn e Carroll, Burdick & McDonough for: Macy 'sox e Cal ' .0 nia One Ecker Bldg: , Suite 400 P. O. B dreJ 8 San Francisco, CA 94105 94120 Telephone No.. 415/495-0500 Telephone No-415San Francisc , A/954-60114 Attn : William H. King, Vice Pres . •tIRR!#RR!*tR#R*R#######*#####*R*!R�#*##*****#*##R###*#*!!#*!#! #**###RBBB* NOTICE Section 72 of the Penal Code provides: "Every person a,ho, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " 3 . A Beechcraft Baron aircraft crashed into the roof of Sunvalley Shopping Center, killing the pilot and passengers and injuring shoppers in the mall, among whom was Nora L. Taylor. Ms. Taylor is claiming damages as set forth in her complaint filed on August 28, 1986 , a copy of which is attached hereto as Exhibit A. -6 . Plaintiff seeks general damages within the jurisdiction of this court, medical and related expenses, loss of earnings and earning capacity, economic losses, punitive damage, costs . of suit, interest, reasonable attorneys ' fees and such other relief as is deemed proper. See Exhibit A attached. Macy's claim is for complete and/or partial indeminity of any recovery against Macy's by Ms . Taylor claiming damages due to the air- crash. The ?.ccident our of which the claim arose occurred on December 23, 1985. The cause of action for indemnity arose on September 26 , 1986 , when Macy 's was served with the lawsuit filed by Ms. Taylor. .l y r 1 ROBERT W. LAllARINI, ESQ. C I: LAllARINI & FRAZIER 2 A- Professional Corporation AU�.i ., 8 1980 49 Quail Court , Suite 212 '� 3 Walnut Creek, CA 94596 R. OLSSON, County Clem Telephone: (415 ) 934-5000 CONTRA COSTA COUN'21 4 !1r Attorneys for Plaintiff lxp=v 5 NORA L. TAYLOR 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF CONTRA COSTA 9 10 NORA L. TAYLOR NO. 290470 11 Plaintiff, COMPLAINT FOR DAMAGES 12 1. Negligence VS . -2. Nuisance 13 3. Breach of Warranty BEECHCRAFT AIRCRAFT CO. ; 4. Strict Products •14 BEECHCRAFT WEST, a California Liability Corporation; TELEDYNE 5. Negligent Infliction of 15 CONTINENTAL MOTORS, a division Emotional Distress of TELEDYNE INDUSTRIES, INC. ; 6. Punitive Damages 16 ESTATE OF JAMES MOUNTAIN GRAHAM; GENERAL AIR SERVICE, a 17 California Corporation ; JAMES V. MAGEEAN ; ARK DISTRIBUTING 1g COMPANY; CITY OF CONCORD; COUNTY OF CONTRA COSTA; 19 BUCHANAN FIELD AIRPORT; SUNVALLEY ASSOCIATION dba 20 SUNVALLEY MALL SHOPPING CENTER; TAUBMAN COMPANY, INC. ,, a 21 Michigan Corporation ; WELLS FARGO BANK, as Trustee and 22 buccessor-In Interest to the TAUBMAN COMPANY, INC. , ; R. H . 23 MACY, INC. ; and DOES ONE through ONE HUNDRED, inclusive , 24 Defendants. / 25 Plaintiff alleges as follows : 26 1. Plaintiff NORA L. TAYLOR was injured on uw v.cr a -:urini & Frazier •rasoa.l coa•w.1o.. /� n ou.a cw.r ,4/..FIJI au 1l I 4[G CKVdlwu NfN 1� .4m.am 5,,,, =I\ 1 December 23, 1985, at the Sun Valley Mall as hereinafter set 2 forth. 3 2. Plaintiff herein timely filed her amended claim 4 against the City of Concord and the County of Contra Costa on or 5 about March 27 , 1986. The CITY denied Plaintiff' s claim on or 6 about April 1 , 1986. The COUNTY denied Plaintiff' s claim on or 7 about April 29, 1986. 8 FIRST CAUSE OF ACTION (For Negligence Against All Defendants ) 9 3. That the true names or capacities, whether individual, 10 associate , corporate or otherwise, of defendants DOES 1 through 11 500, inclusive, and each of them, are unknown to plaintiff, who 12 therefore sues defendants by such fictitious names. Plaintiff is 13 informed and believes and thereon alleges that each of the 14 defendants designated herein as a DOE is responsible in some 15 actionable manner for the events and happenings herein referred 16 to, and caused injuries and damages proximately thereby to 17 plaintiff as hereby alleged. 18 4. At all times herein mentioned each of the defendants 19 named herein, including, without limitation each DOE defendant, 20 was the agent, servant, employee or otherwise acting in concert 21 of each of the remaining defendants and was at all times acting 22 within the purpose and scope of said agency, service and 23 employment, or acting in concert to bring about the damages 24 alleged herein. 25 5. That at all times herein mentioned, defendants SUN 26 VALLEY SHOPPING CENTER and each of them, are located at u.o.+2cs Laz:arini 6. Frazier •i �2_ :c7CSSO,a CO.f .I� S 77212 .'•UT CAE"C.WR .A 9452, I Number 1 Sun Valley Mall in the City of Concord, State of 2 California. Defendants SUNVALLEY SHOPPING CENTER, CITY OF 3 CONCORD, and COUNTY OF CONTRA COSTA are being sued as a result of 4 their negligently, carelessly, wantonly and recklessly placing a 5 shopping center that attracts a great number of people on a 6 heavily trafficked air corridor in the vicinity of the Buchanan 7 Field Airport and failing to operate same in a safe manner. 8 6. At all times herein mentioned, the WELLS FARGO BANK, 9 Trustee for the TAUBMAN COMPANY, INC. , and its predecessors of 10 interest, the TAUBMAN COMPANY, INC. , a Michigan corporation, and 11 Does 1 through 20, were corporations or other entities doing 12 business in the State of California for the purpose of owning, 13 placing, managing and maintaining defendants SUN VALLEY MALL AND 14 SHOPPING CENTER. Said defendants are doing business in the State 15 of California and maintain more than minimal contacts. The above 16 defendants along with the CITY OF CONCORD and COUNTY OF CONTRA 17 COSTA are hereby being sued as a result of their negligent, 18 careless, wanton and reckless behavior of placing and maintaining 19 a shopping center in the area of a busy air corridor in the 20 vicinity of the Buchanan Field Airport. These defendants knew, 21 or should have known, that during a fog, aircraft would make a 22 missed approach and fly over their mall in a very vulnerable 23 position therefore causing a risk of disaster and destruction. 24 Said defendants knew or should have known that it was reasonably 25 foreseeable that an aircraft might collide with their maintained 26 premises and were therefore negligent in not providing uwv .CES anti-collision lights or beacons on the buildings or designing L.4::arini & Frazier rvO ESSVN.L CORq AtN ..ou.nc q' _3 SLRTr}IZ .`.Ut C11C Ut.fJL/04N11 p.Sy{ r.ro.ovwoo 1 and maintaining an adequate fire suppression, warning and escape 2 system for the general public. 3 7. R. H. MACY, INC. , and DOES 100 through 300, inclusive 4 were at all times relevant business entities luring customers 5 into the mall while knowing that their location was dangerous du 6 to the close proximity to Buchanan Field Airport and knowing the likelihood of an air crash from planes using Buchanan Field 8 Airport. Said defendants knew or should have known that it was 9 reasonably -foreseeable that an aircraft might collide with their 10 maintained premises and were therefore negligent in not providin 11 anti-collision lights or beacons on the buildings or designing 12 and maintaining an adequate fire suppression, warning and escape 13 system for the general public. 14 8 . That at all times herein mentioned, decedent JAMES 15 MOUNTAIN GRAHAM, JAMES V. MAGEEAN, ARK DISTRIBUTING COMPANY, 16 INC. , and defendants GENERAL AVIATION SERVICES and DOES 21 17 through 40 and each of them, were the owners and operators of 18 defendants' BEECHCRAFT BARON AIRCRAFT, registration number N1494 19 Said defendants, and each of them, are hereby being sued as a 20 result of negligently, carelessly, recklessly and wantonly 21 operating, maintaining, controlling, aviating and navigating sal 22 aircraft so as to proximately cause the crash in defendants' 23 shopping mall thereby seriously injuring the plaintiff. 24 9 . That at all times herein mentioned, defendants 25 BEECHCRAFT AIRCRAFT COMPANY, BEECHCRAFT WEST, and DOES 41 throug 26 60, inclusive , negligently, carelessly, recklessly and wantonly 1.a::,.ini & Fra:ilr ..designed, assembled, manufactured and distributed said aircraft `•OFlZON.L CO.V.L�iON .O OU.M1 COV 9l � TE212 so that said aircraft could not be properly controlled by '.JT CNFFII C WI Nl."S" 1.111.l.lOCO -4- 1 defendant JAMES MOUNTAIN GRAHAM, and each of them, so as to 2 proximately cause said aircraft to crash into said defendants' 3 mall. 4 10. On or about December 23, 1985, defendants and 5 decedent, JAMES MOUNTAIN GRAHAM, JAMES V. MAGEEAN, and ARK 6 DISTRIBUTING COMPANY, INC. , so negligently, carelessly, wantonly 7 and recklessly maintained and controlled and repaired 8 said aircraft so as to proximately cause said aircraft to crash 9 in the mall thereby proximately causing the plaintiff to suffer 10 severe personal injuries. 11 11 . That at all times herein mentioned, GENERAL AVIATION 12 SERVICES, DOE AIRCRAFT REPAIR SERVICE, JAMES MOUNTAIN GRAHAM, 13 JAMES V. MAGEEAN, ARK DISTRIBUTING COMPANY, INC. , and DOES 21 14 through 40, inclusive, so negligently, carelessly, wantonly and 15 recklessly maintained and repaired said aircraft so as to render 16 said aircraft inoperable proximately causing said aircraft to 17 crash in the shopping mall, thereby causing the plaintiff to 18 suffer severe personal injuries. 19 12. That at all times herein mentioned, defendants DOE 20 CIVIL ENGINEERING COMPANY and DOE ARCHITECTURAL COMPANY and DOES 21 61 through 80, located said mall and gave advice to locate said 22 mall under the main corridor of air traffic from Buchanan Field 23 Airport. As a direct and proximate result of placing large 24 numbers of the public and enticing them to go to a shopping 25 center, large numbers of the public were placed in a very 26 dangerous position. Said placement of said shopping center under L..YT Ccs -5- Laeearini & rozier ., -J SsgN CO.'09.TpN 49 WAIL CWRT S TC 2'2 JT(J C"C W4 Nu 9.599 .41919L'9000 i 1 the air corridor of a busy airport was negligently, carelessly, 2 wantonly and recklessly promoted by said defendants, and each of 3 them. 4 13. As a further, proximate result of the negligence of 5 defendants, and each of them, plaintiff suffered a loss of 6 earnings and earning capacity which has been greatly impaired, 7 both in the past, present and future, in an amount according to 8 proof . 9 14. As a further , proximate result of the negligence of 10 of defendants, and each of them, plaintiff has incurred and will 11 continue to incur, medical and related expenses in an amount 12 according to proof. 13 15. As a proximate result of the negligence of 14 defendants, and each of them, plaintiff was hurt and injured in 15 her health, strength, and activity, sustaining injury to her 16 nervous system and person, all of which injuries have caused, and 17 continue to cause, plaintiff great mental, physical and nervous 18 pain and suffering. Plaintiff is informed and believes and 19 thereon alleges that such injuries will result in some permanent 20 disability. As a result of such injuries, plaintiff has suffered 21 general damages in an amount according to proof . 22 SECOND CAUSE OF ACTION 23 [Nuisance] 24 16. Plaintiff alleges as though fully set forth at 25 length, and incorporates herein by this reference, all of the 26 allegations of Paragraphs 1 through 15, inclusive. L.Na .CES -6- Ia:zArini & Frazier .i wvESS &LCO9.p AMN 09 WLR CwRT SOT E]12 -•17"E"GLOO.NI19.090 111119L�000 1 17 . Defendants CITY, COUNTY, TAUBMAN, WELLS FARGO, and 2 DOES ONE through TWENTY, inclusive, and each of them, in 3 building, constructing, placing, approving, ratifying and 4 permitting the building and continued operation of the SunValley 5 Mall too close to Buchanan Field Airport and in the path of 6 established flights, landings and missed landing patterns at said 7 airport, committed and maintained a nuisance, resulting in 8 personal injuries to the plaintiff, as set forth more 9 particularly hereinafter . 10 18. Defendants CITY, COUNTY, and DOES ONE through TWENTY, 11 inclusive, and each of them, permitted planes attempting to land 12 at AIRPORT to come too close to the mall; failed to properly 13 supervise and control flights and landings; failed to properly 14 supervise operations of AIRPORT; permitted landings under fog 15 conditions ; failed to maintain sufficient flight controller 16 operations; failed to maintain adequate navigational aids; and 17 permitted planes to land on December 23, 1985, under dangerous 18 conditions without proper monitoring or flight controller 19 direction and guidance to the danger of the public and to the 20 actual injury of plaintiff and constituted a .nuisance. 21 19. As a direct and proximate result of the aforesaid 22 conduct of defendants, and each of them, plaintiff suffered 23 severe and permanent injuries. 24 THIRD CAUSE OF ACTION [Breach of Warranty 25 20. Plaintiff alleges as though fully set forth at 26 -7- Lazzarini 6k Frazier 49 W.k CW.T Sy1TC 2Q .'NT"E"C4WCWN11 WS% 141!1 yy'9000 1 length,, and incorporates herein by this reference, all of the 2 allegations of Paragraphs 1 through 19, inclusive. 3 21 . Defendants, and each of them, expressly and/or 4 impliedly warranted that the BEECHCRAFT BARON, registration 5 number N1494G, was airworthy, of merchantable quality, and fit 6 and safe for the purpose for which it was designed, manufactured, 7 assembled, sold, intended and used, and was free from all 8 defects ; and reliance was made upon said warranties. 9 22• Defendants, aftd each of them, breached said 10 warranties in that the said aircraft was not airworthy, of 11 merchantable quality, fit or safe for the purpose for which it 12 was designed, manufactured, assembled and sold, intended and 13 used, and further it was not free from all defects, and as a 14 result thereof, plaintiff NORA L. TAYLOR sustained severe 15 injuries . 16 23 . As a direct and proximate result of the aforesaid 17 conduct. of defendants, and each of them, plaintiff suffered 18 severe and permanent injuries . 19 FOURTH CAUSE OF ACTION 20 ( For Products Liability/Strict Liability) In Tort Against Defendants BEECHCRAFT AIRCRAFT COMPANY, 21 AND DOES 21 through 61 , inclusive, 22 24. Plaintiff realleges paragraphs 1 through 23 as though 23 fully set forth herein. 24 25. Said aircraft was defectively designed, manufactured 25 and assembled proximately causing said aircraft to crash into 26 said mall . -8- TICES Lac[arini & Frasier ^ JESSO AL COPA Ay. 40 W.k CW.T W,'E 212 '•JT CIK[It C4IORMI.9•S9! •I>I am sono 1 26. That at all times herein mentioned, said BEECHCRAFT 2 BARON AIRCRAFT was designed, manufactured, and assembled and 3 distributed for the purpose of flying in the air and safely 4 transporting persons and property in a safe manner so that said 5 aircraft would not crash as a result of any of its parts or 6 components. 7 27. That as a direct and proximate result of the 8 defective manufacture, assemply and design and distribution of 9 said BEECHCRAFT BARON AIRCRAFT involved in said accident, said 10 aircraft did crash proximately causing severe personal injuries 11 to the plaintiff who was a pedestrian and shopper in defendants' 12 mall. 13 28 . Defendants, and each of them, knew, or should have 14 known, that the airplane and its component parts would be used 15 without inspection for defects therein or in any of its component 16 parts . 17 FIFTH CAUSE OF ACTION 18 [Negligent Infliction of Emotional Distress] 19 29. Plaintiff alleges as though fully set forth at 20 length, and incorprates herein by this reference, all of the 21 allegations of Paragraphs 1 through 28, inclusive. 22 30. As a direct and proximate result of the negligence of 23 defendants, and each of them, as described more fully above, 24 plaintiff NORA L. TAYLOR has suffered great mental suffering and 25 emotional distress occasioned by witnessing injuries and 26 -9- uw ORrcrs !,mirini 6t Frazier 7'S ESSO AL . L'OPb..T.pN .o w.ii COUM} sut[32 '.JC.ECR Ck.OwM.Y.ss! ..'s.Ys.s000 1 the severe burning of those around her after she sustained 2 personal injuries. 3 31 . Defendants should reasonably have foreseen that their 4 serious commissions and omissions would lead to the serious 5 emotional distress for the reasons stated heretofore above . 6 32. Based on this negligent infliction of serious 7 emotional distress by defendants, plaintiff NORA L. TAYLOR is 8 entitled to general damages. 9 SIXTH CAUSE OF ACTION (For Punitive Damages and Exemplary Damages 10 Against Defendants WELLS FARGO BANK, as Trustee for the TAUBMAN COMPANY, INC. , the TAUBMAN 11 COMPANY, INC. , SUN VALLEY SHOPPING CENTER, SUN VALLEY MALL , and DOES 1 through 20 , inclusive. ) 12 33. Plaintiff realleges paragraphs 1 through 27 of the 13 First and Second Causes of Action as though fully set forth 14 herein. 15 34. Plaintiff alleges a cause of action for punitive 16 damages and exemplary damages in the sum of FOUR MILLION DOLLARS 17 on facts alleged in this complaint. 18 35. That at all times herein mentioned, Buchanan Field 19 Airport is an airport which purchased its land in 1942 and 20 started operations in 1946. During heavy fog, when the airport 21 lights cannot be seen, "missed approaches" are common and at such 22 times airplane pilots are flying by instruments. The stress 23 level of pilots during such maneuvers of aviating, navigating and 24 communicating to the tower is extremely high. The probability of 25 26 -10- Uw OrsiCES La::nrini SL Frazier • �yEssoa+L co.�+•Tb.. .9 Weil -2 S nIC 2-2 S! IJt C.CCK UL.04M•p. p. .A9Y3000 a crash of a circling plane during these times are statistically 2 much higher than normal. All property within a one mile radius 3 of an airport is in a foreseeably dangerous position. 4 Defendants, and each of them, knew of said danger but acted in 5 conscious disregard of the danger that potential customers and 6 users of said mall might undergo if they selected said site for 7 said shopping mall because inexpensive land can be purchased in 8 the vicinity of airports. Defendants, and each of them, were 9 also aware that the mall would be used at night. The darkness 10 when coupled with fog created an even greater risk. Members of 11 the general public who are not as sophisticated as architects, 12 engineers and shopping center developers would not know of this 13 foreseeable danger and would shop at said mall feeling perfectly 14 safe. 15 36. As a direct and proximate result of said conscious 16 disregard of the safety and life of the potential users of the 17 mall, said mall was located in said dangerous location thereby 18 attracting thousands of potential shoppers and placing them in a 19 very precarious position. 20 37. As a direct and proximate result of said conscious 21 disregard of the rights and safety of potential shoppers and 22 users of the mall, plaintiff was attracted to said mall on a 23 foggy night, thereby placing her in extreme danger of an airplan 24 crash which did occur proximately causing severe personal 25 injuries to the plaintiff. 26 -11- Uw O ICES Lanarini & Frai1L'E . ' ESS� CCRr R.Tp 49 Q.R CO .T W"t Zit '-JT CREEX C.L-O N-.9.599 .A19).•i000 1 38 . Defendants knew that by placing said shopping center 2 in a radius within one mile of an airport that a crash was. 3 inevitable and that said crash had a high likelihood of occurring 4 on their mall. Defendants, and each of them, knew of said danger . 5 but in conscious disregard of the probability of a disasterous 6 air crash, and solely for their own pecuniary gain, placed 7 Defendant Mall in the inexpensive land immediately surrounding 8 said airport. In so doing, said Defendants, and each of them, 9 acted maliciously, wantonly and willfully, and with the intent t 10 vex, injure and annoy Plaintiff, and the general public, and in 11 manner as described in California Civil Code Sec. 3294. 12 Plaintiff is therefore entitled to punitive and exemplary damage 13 in an amount determined to be just by the trier of fact so as to 14 prevent and deter said dangerous conditions and continuing 15 dangerous conditions all to the public' s detriment as herein 16 before and hereinafter set forth. 17 WHEREFORE, plaintiff prays judgment against defendants, 18 and each of them, as follows: 19 1 . General and special damages in an amount as alleged 20 herein or according to proof at trial; 21 2. Damages for medical and related expenses, according t 22 proof; 23 3. Damages for loss of earnings and earning capacity, 24 according to proof; 25 4. Damages for plaintiff' s other economic losses, 26 according to proof; ..O ICES -12- I.a::�rini & Fra:ier MESS-0%4 CORROR•TcN 49 WAIL COURT WYE]I] -.UT CRE"uLRORpu 9.599 ,4 ,5i 9]•.!000 1 5. For punitive or exemplary damages in the amount of 2 $40,0001000:00 ; 3 6. Interest on all sums allowed by law; 4 7. Plaintiff' s costs of suit incurred herein; 5 8 . For reasonable attorneys' fees incurred in bringing 6 this action; and 7 9. For such other and further relief as the Court deems 8 just and proper. 9 Dated: August 1 , 1986. 10 11 LAZW. R A p� ation 12 13 By14 INI, Attorney for Plaintiff 15 16 17 18 19 20 21 22 23 24 25 26 4w O..ICES :_a::arini &L Frazier —1 3— �ESS0 UCO.Tgw.1q 46 WAIL CWHT SLATE lit •.JTr EEK.C.LSO4N1.W596 1415.OU 000 E 1 VERIFICATION 2 3 4 5 I, the undersigned, declare and say: 6 I am a party to the within entitled matter; I have read 7 the foregoing COMPLAINT FOR DAMAGES and know the contents 8 thereof, and the same is true of my own knowledge except as to 9 the matters therein contained which are stated on information or 10 belief, and as to such matters, I believe them to be true. 11 I declare under penalty of perjury that the foregoing is 12 true and correct. 13 Executed at Walnut Creek, California, this .tat day of 14C��•�✓�� , 1986. -15 — yy 16 / .0 N RA L. TAYLOR 401 17 18 19 20 21 22 23 24 25 26 1..w C .CE] !.a:zarini & Frazier `c JEC .O r " gLTIpN t99W'E COURT ]Ul[Iia '.UT CAEM�LW�NIA 94596 .]i OY.]OOp .MACY'S-SUN VAT.LEY• MALL CRASH' _ Arbelaez, Deanna Armsden, Vincent M. Bonella, Jina - Borque, Joseph i Camcan, Ann Church, Larry- Conner, Brian Crouch, Jonathan L. Davis, Kathy Doty, Margaret Dunn, Dayle Elliott, Vern Eros, Charlotte Evangelista, Danielle Evangelista, Stephanie Evans, Diane Glinndon, Davis Graham, James Grehl, Wayne Guadagni, Wendy Hamilton, Lynn Howe, Timothy Jacobsen, James Jacobus, Brett Jamash, Aaron Jamash, Fatima Johnson, Anthony J-� v' Y,J3• � FNt� t -MACY'S SUN VALLEY MALL CRASH - Kaify, Mohamed Lang, Richard Larsen, Pat Lewis, Mack t Lodge, Christina Lodge, Cindy Lodge, Gary - Lodge, Julie Ann Lucchese, Nancy Lucchese, Peter Lui, Kenneth Lui, Kenneth Lui, Virginia Luong, Alexander Maderos, Kim Molina, Marial Murray, James Oliver, Brian On, Ann ' Patterson, Merle Pellegrina, Gian Ploughman, Janet Plowman, Clorene Pruett, Richardson, James Roberson, Kenneth Rodreguez, David ,..?,.civSSFa s..:6GL•�'i'��vc. a�.-::ate..• MACY'S SUN VALLEY MALL CRASH I Sadler, Kelly Sadler, Pamela Sadler, Sabrina Santos, Edward i Seiffert, Gregory Sellars, Patricia Shah, Chandra Shah, Chandrika Shaw, Kunjavadan Sheppie, Ruth Shiehan, William Sodaro, Susan Stanford, Pam Stratton, Shannon Suzuki, Kenji Taylor, Nora Thompson, Heather Tillmany, FNU Trice, Jarrod Trice, Susan Wagner, Timothy Wells, Allan White, Carolyn Widdrick, Robert Wilson, Michael. Wood, Timothy Woodson, Matthew � �I VR.. 16.irsi 4.. 4 CLAIM BOARD OF.SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ( ,Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 1;6 � 9 8 6 and Board Action. All Section references are to The copy of this document mailed to you is your not U o California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Goverment Co4e Counsel M Amount: Undetermined Section 913 and 915.4. Please not all WARNING. CLAIMANT: MACY' S CALIFORNIA NUV IS 1986 c/o Daniel M. Crawford, Esq. N!"t.-(;rlez, CA 9v55 ATTORNEY: Carroll , Burdick & McDonough One Ecker Bldg. , Ste . 400 Date received ADDRESS: San Francisco , CA 94105 BY DELIVERY TO CLERK ON November 13 . 1986 BY MAIL POSTMARKED:November 12 . 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. BB DATED: November 17 , 1986 p BgIL DepuiyLOR, Clerkr2 K, L. Hall `II. FROM: County Counsel TO: Clerk of the Board of Supervisors (�) 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. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: Eputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (x) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: DEC 1 6 198 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the :date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimaht as shown above. C� Dated: DEC 1 7 1966 BY: PHIL BATCHELOR by / Deputy Clerk CC: County Counsel County Administrator , ;cLAOT0: BOARD OF` SUPERVISORS OF CONTRA C�§�r> Xapplicationto: ` Instructions to ClaimantC!erkof the Board Martinez,Califomla 94553 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, 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 o this form. RE: Claim by )Reser i g stamps Macy's California DECEIVED Against the COUNTY OF CONTRA COSTA) H #0n V A $ or DISTRICT) Q K 8 N � (Fillin name ey ... The' undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ undetermined at this time. and in support of this claim represents as follows: r--------------------------------------- ---- �. When did the damage or in3ury occur? (Give exact date and hour] December 23, 1985 , at approximately 8 :30 p.m. Macy's was served with a lawsuit by plaintiff Taylor on Sept. -26 , 1986 , and Macy' s cause of action for inde1wutx. _Q:L that HAfn r Where aid-the damage or. injury occur? (Include city and county) Sunvalley Shopping Center, City of Concord, County of I Contra Costa. 3. How did the damage or injury occur. (Give full details, use extra sheets if required) See attached Page 1 . 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? The county, the district and its servants and employees negligently constructed, maintained, operated and/or managed Buchanan Field Airport and other public property. The said county, district and its employees and servants are liable in strict liability for maintaining, operating and/or managing the airport and other (over) public property in its dangerous and defective condition. 5. What are the names of 'county or district officers, servants orsv - employeescausing the damage or injury? Unknown at this time rTrtrrT---- -rrrr rr-rrrrrr rrr rrrr rr r rrrrrrr rrr rrrrrr 6. What damage or in�ur�es do you claim resulted? Give full extent of injuries or damages claimed. Attach two estimates for auto damage) See attached Page 1. 7. How was-the amount claimed above computed? ( nclude the estimated amount of any prospective injury or damage.) This is a claim for total indemnity. The amount of damages will be determined by the injured parties ' recovery against this claimant. 17' Names Names and addresses of witnesses, doctors and hospitals. See attached Exhibit B. Investigation is continuing with regard to any potential witnesses. The Consolidated First District and Concord Police Department reports convering the accident list potential witnesses . � r-rT-rr-r--------'P--••-----rrrrr--------------------rr-rr-rr-----T-rr--... List "the expenditures you made on account of this accident or injury: ,. DATE, ITEM AMOUNT Macy's has incurred and is incurring substantial investigative defense costs , _including attorneys fees and further may be. subject to the paymentof damages to injured parties . and Macy's seeks indemnificatio11 n for all such damages ., .attorneys fees and costs. Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person jrfi K-s'Nbehalf." Name and Address of Attorney Daniel M. Crawford, Esq. Claimant c 1 na ure Carroll, Burdick & McDonough for: Macy 'sox Cal ' �o ngia One Ecker Bldg: , Suite 400 P. 0. B dr / 8 San Francisco, CA 94105 Telephone No. 415!495-0500 San Francisco, CA 94120 p Telephone No- 415/954-6014 Attn: William H. King, Vice Pres . !Rt#t**#tR*t#Rt#*#**tt#RR**tR*#**tttt*R**R****t*#t*********#**tRt***tt*R** NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer,. or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " 3 . A Beechcraft Baron aircraft crashed into the roof of Sunvalley Shopping Center, .killing the pilot and passengers and injuring shoppers in the mall, among whom was Nora L. Taylor. Ms. Taylor is claiming damages as set forth in her complaint filed on August 28 , 1986 , a copy of which is attached hereto as Exhibit A. 6 . Plaintiff seeks general damages within the jurisdiction of this court, medical and related expenses, loss of earnings and earning capacity, economic losses , punitive damage, costs . . of suit, interest, reasonable attorneys ' fees and such other relief as is deemed proper. See Exhibit A attached. Macy's claim is for complete and/or partial indeminity of any recovery against Macy's by Ms . Taylor claiming damages due to the air- crash. The ?.ccident our of which the claim arose occurred on December 23 , 1985. The cause of action for indemnity arose on September 26 , 1986 , when Macy 's was served with the lawsuit filed by Ms. Taylor. •� 4 1 ROBERT W. LAllARINIr ESQ. I: LAllARINI & FRAZIER 2 A Professional Corporation , 49 Quail Court , Suite 212 AUG :. 81980 3 Walnut Creek, CA 94596 R. otssoN, County Clerk ' Telephone: (415 ) 934-5000 CONTRA COSTA(.OUN'!Y 4 :ty Attorneys for Plaintiffs=� 5 NORA L. TAYLOR 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF CONTRA COSTA 9 10 NORA L. TAYLOR NO. 290470 11 Plaintiff, COMPLAINT FOR DAMAGES 12 1. Negligence VS . _ —2. Nuisance 13 3. Breach of Warranty BEECHCRAFT AIRCRAFT CO. ; 4. Strict Products •14 BEECHCRAFT WEST, a California Liability Corporation; TELEDYNE 5. Negligent Infliction of 15 CONTINENTAL MOTORS, a division Emotional Distress of TELEDYNE INDUSTRIES, INC. ; 6. Punitive Damages 16 ESTATE OF JAMES MOUNTAIN GRAHAM; GENERAL AIR SERVICE, a 17 California Corporation ; JAMES V. MAGEEAN; ARK DISTRIBUTING 18 COMPANY; CITY OF CONCORD; COUNTY OF CONTRA COSTA; 19 BUCHANAN FIELD AIRPORT; _ SUN VALLEY ASSOCIATION dba 20 SUN VALLEY MALL SHOPPING CENTER; TAU13MAN COMPANY, INC. , a 21 Michigan Corporation ; WELLS FARGO BANK, as Trustee and 22 b)iccessor-In Interest to the TAUBMAN COMPANY, INC. , ; R. H . 23 MACYr INC. ; and DOES ONE through ONE HUNDRED, inclusive, 24 Defendants. / 25 Plaintiff alleges as follows : 26 1. Plaintiff NORA L. TAYLOR was injured on If 110wY CM.O.I pI[ n .r ou.a Couwr /j/./�I1' w1[au .[a[a ur.o....us" u� r I December 23, 1985, at the Sun Valley Mall as hereinafter set 2 forth. - 3 2. Plaintiff herein timely filed her amended claim 4 against the City of Concord and the County of Contra Costa on or 5 about March 27, 1986. The CITY denied Plaintiff' s claim on or 6 about April 1 , 1986. The COUNTY denied Plaintiff's claim on or 7 about. April 29, 1986. 8 FIRST CAUSE OF ACTION (For Negligence Against All Defendants) 9 3. That the true names or capacities, whether individual, 10 associate , corporate or otherwise, of defendants DOES 1 through 11 500, inclusive, and each of them, are unknown to plaintiff, who 12 therefore sues defendants by such fictitious names. Plaintiff is 13 informed and believes and thereon alleges that each of the 14 defendants designated herein as a DOE is responsible in some 15 actionable manner for the events and happenings herein referred 16 to, and caused injuries and damages proximately thereby to 17 plaintiff as hereby alleged. 18 4. At all times herein mentioned each of the defendants 19 named herein, including, without limitation each DOE defendant, 20 was the agent, servant, employee or otherwise acting in concert 21 of each of the remaining defendants and was at all times acting 22 within the purpose and scope of said agency, service and 23 employment, or acting in concert to bring about the damages 24 alleged herein. 25 S. That at all times herein mentioned, defendants SUN 26 VALLEY SHOPPING CENTER and each of them, are located at Uw dr C[S L�::uini 6. Frasier —2— .w w•a c Sur[2-3 '.it CWCtA ..ra,w>.woo 1 Number 1 Sun Valley Mall in the City of Concord, State of 2 California. Defendants SUNVALLEY SHOPPING CENTER, CITY OF 3 CONCORD, and COUNTY OF CONTRA COSTA are being sued as a result of 4 their negligently, carelessly, wantonly and recklessly placing a 5 shopping center that attracts a great number of people on a 6 heavily trafficked air corridor in the vicinity of the Buchanan 7 Field Airport and failing to operate same in a safe manner. 8 6. At all times herein mentioned, the WELLS FARGO BANK, 9 Trustee for the TAUBMAN COMPANY, INC. , and its predecessors of 10 interest, the TAUBMAN COMPANY, INC. , a Michigan corporation, and 11 Does 1 through 20, were corporations or other entities doing 12 business in the State of California for the purpose of owning , 13 placing, managing and maintaining defendants SUN VALLEY MALL AND 14 SHOPPING CENTER. Said defendants are doing business in the State 15 of California and maintain more than minimal contacts. The above 16 defendants along with the CITY OF CONCORD and COUNTY OF CONTRA 17 COSTA are hereby being sued as a result of their negligent, 18 careless, wanton and reckless behavior of placing and maintaining 19 a shopping center in the area of a busy air corridor in the 20 vicinity of the Buchanan Field Airport. These defendants knew, 21 or should have known, that during a fog, aircraft would make a 22 missed approach and fly over their mall in a very vulnerable 23 position therefore causing a risk of disaster and destruction. 24 Said defendants knew or should have known that it was reasonably 25 foreseeable that an aircraft might collide with their maintained 26 premises and were therefore negligent in not providing 4w V•Kt3 anti-collision lights or beacons on the buildings or designing L.m:arini c4 Frasier .• •.ytssv...co,.o,•ro.. -3- CAEEK xnC to .y..Y X000 and maintaining an adequate fire suppression, warning and escape 2 system for the general public. 3 7. R. H. MACY, INC. , and DOES 100 through 300, inclusive 4 were at all times relevant business entities luring customers 5 into the mall while knowing that their location was dangerous du 6 to the close proximity to Buchanan Field Airport and knowing the 7 likelihood of an air crash from planes using Buchanan Field 8 Airport. Said defendants knew or should have known that it was 9 reasonably-foreseeable that an aircraft might collide with their t0 maintained premises and were therefore negligent in not providin 11 anti-collision lights or beacons on the buildings or designing 12 and maintaining an adequate fire suppression, warning and escape 13 system for the general public. 14 8. That at all times herein mentioned, decedent JAMES 15 MOUNTAIN GRAHAM, JAMES V. MAGEEAN, ARK DISTRIBUTING COMPANY, 16 INC,. , and defendants GENERAL AVIATION SERVICES and DOES 21 17 through 40 and each of them, were the owners and operators of 18 defendants' BEECHCRAFT BARON AIRCRAFT, registration number N1494 19 Said defendants, and each of them, are hereby being sued as a 20 result of negligently, carelessly, recklessly and wantonly 21 operating, maintainin g, controlling, aviating and navigating sai 22 aircraft so as to proximately cause the crash in defendants' 23 shopping mall thereby seriously injuring the plaintiff. 24 9. That at all times herein mentioned, defendants 25 BEECHCRAFT AIRCRAFT COMPANY, BEECHCRAFT WEST, and DOES 41 throug 26 60, inclusive, negligently, carelessly, recklessly and wantonly ::.rent F[,:;,, designed, assembled, manufactured and distributed said aircraft ''.,41Cw4 COw.On•spy - •.byµCOV9l so that said aircraft could not be properly controlled by uL.L 1000 -4- 1 defendant JAMES MOUNTAIN GRAHAM, and each of them, so as to 2 proximately cause said aircraft to crash into said defendants' 3 mall. 4 10. On or about December 23, 1985, defendants and 5 decedent, JAMES MOUNTAIN GRAHAM, JAMES V. MAGEEAN, and ARK 6 DISTRIBUTING COMPANY, INC. , so negligently, carelessly, wantonly 7 and recklessly maintained and controlled and repaired 8 said aircraft so as to proximately cause said aircraft to crash g in the mall thereby proximately causing the plaintiff to suffer 10 severe personal injuries . 11 11 . That at all times herein mentioned, GENERAL AVIATION 12 SERVICES, DOE AIRCRAFT REPAIR SERVICE, JAMES MOUNTAIN GRAHAM, 13 JAMES V. MAGEEAN, ARK DISTRIBUTING COMPANY, INC. , and DOES 21 14 through 40, inclusive, so negligently, carelessly, wantonly and 15 recklessly maintained and repaired said aircraft so as to render 16 said aircraft inoperable proximately causing said aircraft to 17 crash in the shopping mall, thereby causing the plaintiff to 18 suffer severe personal injuries. t9 12. That at all times herein mentioned, defendants DOE 20 CIVIL ENGINEERING COMPANY and DOE ARCHITECTURAL COMPANY and DOES 21 61 through 80 , located said mall and gave advice to locate said 22 mall under the main corridor of air traffic from Buchanan Field 23 Airport. As a direct and proximate result of placing large 24 numbers of the public and enticing them to go to a shopping 25 center, large numbers of the public were placed in a very 26 dangerous position. Said placement of said shopping center under -5- Y[]] . W,CQ.1]7q.TQN .]W CWRI It 2 W C ]I] •JT CMG UI.ONNI.N]Y! .1]I OU S=) 1 the air corridor of a busy airport was negligently, carelessly, 2 wantonly and recklessly promoted by said defendants, and each of 3 them., 4 13. As a further, proximate result of the negligence of 5 defendants, and each of them, plaintiff suffered a loss of 6 earnings and earning capacity which has been greatly impaired, 7 both in the past, present and future, in an amount according to 8 proof . 9 14. As a further , proximate result of the negligence of 10 of defendants, and each of them, plaintiff has incurred and will 11 continue to incur, medical and related expenses in an amount 12 according to proof. 13 15. As a proximate result of the negligence of 14 defendants, and each of them, plaintiff was hurt and injured in 15 her health, strength, and activity, sustaining injury to her 16 nervous system and person, all of which injuries have caused, and 17 continue to cause , plaintiff great mental, physical and nervous 18 pain and suffering. Plaintiff is informed and believes and 19 thereon alleges that such injuries will result in some permanent 20 disability. As a result of such injuries, plaintiff has suffered 21 general damages in an amount according to proof. 22 SECOND CAUSE OF ACTION 23 [Nuisance] 24 16. Plaintiff alleges as though fully set forth at 25 length, and incorporates herein by this reference, all of the 26 allegations of Paragraphs 1 through 15, inclusive. uw o-.crs -6- I.a::rrini 6t Fra:irr A. "'' CSS0N.I CC.•p..T�N .. 5ICQ/9T W'ER1] •. T CII[[R UI.G.N.NSW mm oa.eam 1 17 . Defendants CITY, COUNTY, TAUBMAN, WELLS FARGO, and 2 DOES ONE through TWENTY, inclusive, and each of them, in 3 building, constructing, placing, approving, ratifying and 4 permitting the building and continued operation of the SunValley 5 Mall too close to Buchanan Field Airport and in the path of 6 established flights, landings and missed landing patterns at said 7 airport, committed and maintained a nuisance, resulting in 8 personal injuries to the plaintiff, as set forth more 9 particularly hereinafter . 10 18. Defendants CITY, COUNTY, and DOES ONE through TWENTY, 11 inclusive, and each of them, permitted planes attempting to land 12 at AIRPORT to come too close to the mall; failed to properly 13 supervise and control flights and landings; failed to properly 14 supervise operations of AIRPORT; permitted landings under fog 15 conditions ; failed to maintain sufficient flight controller 16 operations; failed to maintain adequate navigational aids; and 17 permitted planes to land on December 23, 1985, under dangerous 18 conditions without proper monitoring or flight controller 19 direction and guidance to the danger of the public and to the 20 actual injury of plaintiff and constituted a nuisance. 21 19. As a direct and proximate result of the aforesaid 22 conduct of defendants, and each of them, plaintiff suffered 23 severe and permanent injuries. 24 THIRD CAUSE OF ACTION [Breach of Warranty 25 20. Plaintiff alleges as though fully set forth at 26 -7- UN O�_CS .l::.11ini &L Frasier s. <�ESSrALcc .o..rp.., Z - •Nr"CL.[L.C4.O.Fu N!N .11.1.1000 1 length, and incorporates herein by this reference, all of the 2 allegations of Paragraphs 1 through 19, inclusive. 3 21 . Defendants, and each of them, expressly and/or 4 impliedly warranted that the BEECHCRAFT BARON, registration 5 number- N1494G, was airworthy, of merchantable quality, and fit 6 and safe for the purpose for which it was designed, manufactured, 7 assembled, sold, intended and used, and was free from all 8 defects; and reliance was made upon said warranties. 9 22. Defendants, and each of them, breached said 10 warranties in that the said aircraft was not airworthy, of 11 merchantable quality, fit or safe for the purpose for which it 12 was designed, manufactured, assembled and sold, intended and 13 used, and further it was not free from all defects, and as a 14 result thereof, plaintiff NORA L. TAYLOR sustained severe 15 injuries . 16 23. As a direct and proximate result of the aforesaid 17 conduct of defendants, and each of them, plaintiff suffered 18 severe and permanent injuries . 19 FOURTH CAUSE OF ACTION 20 ( For Products Liability/Strict Liability) In Tort Against Defendants BEECHCRAFT AIRCRAFT COMPANY, 21 AND DOES 21 through 61 , inclusive, 22 24. Plaintiff realleges paragraphs 1 through 23 as though 23 fully set forth herein. 24 25. Said aircraft was defectively designed, manufactured 25 and assembled proximately causing said aircraft to crash into 26 said mall . -8- 4w O�•C[S i..1::Milli lel r'ranef w [av •.11"CC.tuwo...•wS" •.n.a.Soao 1 26. That at all times herein mentioned, said BEECHCRAFT 2 BARON AIRCRAFT was designed, manufactured, and assembled and 3 distributed for the purpose of flying in the air and safely 4 transporting persons and property in a safe manner so that said 5 aircraft would not crash as a result of any of its parts or 6 components. 7 ' 27. That as a direct and proximate result of the 8 defective manufacture, assemply and design and distribution of 9 said BEECHCRAFT BARON AIRCRAFT involved in said accident, said 10 aircraft did crash proximately causing severe personal injuries 11 to the plaintiff who was a pedestrian and shopper in defendants' 12 mall. 13 28 . Defendants, and each of them, knew, or should have 14 known, that the airplane and its component parts would be used 15 without inspection for defects therein or in any of its component 16 parts. 17 FIFTH CAUSE OF ACTION 18 [Negligent Infliction of Emotional Distress] 19 29. Plaintiff alleges as though fully set forth at 20 length, and incorprates herein by this reference, all of the 21 allegations of Paragraphs 1 through 28, inclusive. 22 30. As a direct and proximate result of the negligence of 23 defendants, and each of them, as described more fully above , 24 plaintiff NORA L. TAYLOR has suffered great mental suffering and 25 emotional distress occasioned by witnessing injuries and 26 -9- u«a.ccs !..I::arini 6r. Fr=ier ,. 'yISS -L CS-ro -14)n SUI[212 `.AT CREEK CµWQM.SaS" .nl O>tS000 1 the severe burning of those around her after she sustained 2 personal injuries. 3 31 . Defendants should reasonably have foreseen that their 4 serious commissions and omissions would lead to the serious 5 emotional distress for the reasons stated heretofore above . 6 32. Based on this negligent infliction of serious 7 emotional distress by defendants, plaintiff NORA L. TAYLOR is 8 entitled to general damages. 9 SIXTH CAUSE OF ACTION (For Punitive Damages and Exemplary Damages 10 Against Defendants WELLS FARGO BANK, as Trustee for the TAUBMAN COMPANY, INC. , the TAUBMAN 11 COMPANY, INC. , SUN VALLEY SHOPPING CENTER, SUN VALLEY MALL , and DOES 1 through 20 , inclusive. ) 12 33. Plaintiff realleges paragraphs 1 through 27 of the 13 First and Second Causes of Action as though fully set forth 14 herein. 15 34. Plaintiff alleges a cause of action for punitive 16 damages and exemplary damages in the sum of FOUR MILLION DOLLARS 17 on facts alleged in this complaint. 18 35. That at all times herein mentioned, Buchanan Field 19 Airport is an airport which purchased its land in 1942 and 20 started operations in 1946. During heavy fog, when the airport 21 lights cannot be seen, "missed approaches" are common and at such 22 times airplane pilots are flying by instruments. The stress 23 level of pilots during such maneuvers of aviating, navigating and 24 communicating to the tower is extremely high. The probability of 25 26 -10- uwonK[s I.a::arini & Frasier -y[ssc.0 cc.A .Y" ..W..\COu.♦ ••Jt G.CU UI.CiM11 N.V. .nI,L s000 1 a crash of a circling plane during these times are statistically 2 ..much higher than normal. All property within a one mile radius 3 of an airport is in a foreseeably dangerous position. 4 Defendants, and each of them, knew of said danger but acted in 5 conscious disregard of the danger that potential customers and 6 users of said mall might undergo if they selected said site for 7 said shopping mall because inexpensive land can be purchased in 8 the vicinity of airports. Defendants, and each of them, were 9 also aware that the mall would be used at night. The darkness 10 when coupled with fog created an even greater risk. Members of 11 the general public who are not as sophisticated as architects, 12 engineers and shopping center developers would not know of this 13 foreseeable danger and would shop at said mall feeling perfectly safe. 14 15 36. As a direct and proximate result of said conscious 16 disregard of the safety and life of the potential users of the 17 mal]., said mall was located in said dangerous location thereby 18 attracting thousands of potential shoppers and placing them in a 19 very precarious position. 20 37. As a direct and proximate result of said conscious 21 disregard of the rights and safety of potential shoppers and 22 users of the mall, plaintiff was attracted to said mall on a 23 foggy night, thereby placing her in extreme danger of an airplan 24 crash which did occur proximately causing severe personal 25 injuries to the plaintiff. 26 -11- uw m..ls L+::a ri ni S Frazier Jrl]ON.a CU4wpq.IQN ..ouua Cglgt Su [)r) ..].Y]OOD 38. Defendants knew that by placing said shopping center 2 in a radius within one mile of an airport that a crash was 3 inevitable and that said crash had a high likelihood of occurring 4 on their mall. Defendants, and each of them, knew of said danger 5 but in conscious disregard of the probability of a disasterous 6 air crash, and solely for their own pecuniary gain, placed 7 Defendant Mall in the inexpensive land immediately surrounding 8 said airport. In so doing, said Defendants, and each of them, 9 acted maliciously, wantonly and willfully, and with the intent t 10 vex, injure and annoy Plaintiff, and the general public, and in 11 manner as described in California Civil Code Sec. 3294. 12 Plaintiff is therefore entitled to punitive and exemplary damage 13 in an amount determined to be just by the trier of fact so as to 14 prevent and deter said dangerous conditions and continuing 15 dangerous conditions all to the public' s detriment as herein 16 before and hereinafter set forth. 17 WHEREFORE, plaintiff prays judgment against defendants, 18 and each of them, as follows: 19 1 . General and special damages in an amount as alleged 20 herein or according to proof at trial; 21 2. Damages for medical and related expenses, according t 22 proof; 23 3. Damages for loss of earnings and earning capacity, 24 according to proof; 25 4. Damages for plaintiff' s other economic losses, 26 according to proof; uw -12- L.lp[.1rRL .&4 F Fr ATi W![}I} ..iii YL'1000 1 5. For punitive or exemplary damages in the amount of 2 $4,000[000.00 ; 3 6. Interest on all sums allowed by law; 4 7. Plaintiff' s costs of suit incurred herein; 5 8 . For reasonable attorneys' fees incurred in bringing 6 this action; and 7 9. For such other and further relief as the Court deems 8 just and proper. 9 Dated: August 1 1986 . 10 11 LAZW. R A p� ation 12 13 By14 INI , 15 Attorneyfor Plaintiff 16 17 18 19 20 21 22 23 24 25 26 uw o..¢cs rini 5L rra[fer -13- 2.2 13-Lu .,l,lL 1000 1 VERIFICATION 2 - . - 3 4 5 I, the undersigned, declare and say: 6 I am a party to the within entitled matter; I have read 7 the foregoing COMPLAINT FOR DAMAGES and know the contents 8 thereof, and the same is true of my own knowledge except as to 9 the matters therein contained which are stated on information or 10 belief, and as to such matters, I believe them to be true. 11 I declare under penalty of perjury that the foregoing is 12 true and correct. 13 Executed at Walnut Creek, California, this ..to,2 day of 14 /ClC eez"�� , 1986. -15 — 16 N RA L. TAYLOR 17 18 19 20 21 22 23 24 25 26 ..Aaarini 6[ Fra:irr •Y[SSOr4 CO.rVI.[ipp Sy I[all '-ITCRG U'.[rp.ryi.NfYO .r'lr.>•l000 j1ACY'S SUN VALLEY MALL CRASH - Arbelaez, Deanna Armsden, Vincent M. Bonella,_ Jina - Borque, Joseph i Camcan, Ann Church, Larry Conner, Brian ` Crouch, Jonathan L. Davis, Kathy Doty, Margaret Dunn, Dayle Elliott, Vern Eros, Charlotte Evangelista, Danielle Evangelista, Stephanie Evans, Diane Glinndon, Davis Graham, James Grehl, Wayne Guadagni, Wendy Hamilton, Lynn Howe, Timothy Jacobsen, James Jacobus, Brett Jamash, Aaron Jamash, Fatima Johnson, Anthony MACY'S SUN VALLEY MALL CRASH - Kaify, Mohamed Lang, Richard Larsen, Pat Lewis, Mack t Lodge, Christina Lodge, Cindy Lodge, Gary ' Lodge, Julie Ann Lucchese, Nancy Lucchese, Peter Lui, Kenneth Lui, Kenneth Lui, Virginia. Luong, Alexander Maderos, Kim Molina, Marial Murray, James Oliver, Brian On, Ann ' Patterson, Merle Pellegrina, Gian Ploughman, Janet Plowman, Clorene Pruett, Richardson, James Roberson, Kenneth Rodreguez, David mACY'S SUN VALLEY MALL CRASH - 4ti. ' Sadler, Kelly Sadler, Pamela Sadler, Sabrina Santos, Edward t Seiffert, Gregory Sellars, Patricia Shah, Chandra Shah, Chandrika Shaw, Kunjavadan Sheppie, Ruth Shiehan, William Sodaro, Susan Stanford, Pam Stratton, Shannon Suzuki, Kenji Taylor, Nora Thompson, Heather Tillmany, FNU Trice, Jarrod Trice, Susan Wagner, Timothy Wells, Allan White, Carolyn Widdrick, Robert Wilson, Michael Wood, Timothy Woodson, Matthew CLAIM 0. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 16 , 1986 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant tof0dbV0n CdA@ Se1 Amount: Unspecified Section 913 and 915.4. Please not all "WARNINGS". NCV 18 1986 CLAIMANT: ROBERT & LISA BROWNIE 2042 Rose dale Drive Martinez, CA 9455? ATTORNEY: Sari Pablo, CA 94806 Date received ADDRESS: BY DELIVERY TO CLERK ON November 13 , 1986 CAO BY MAIL POSTMARKED: November 10 , 1986 Certified #P308 498 942 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. klvl4ee�DATED: November 13 , 1986 gVIL BAATTCepuYELOR, Clerk L. Hall ll. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) 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. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: WesL -- , / p�6 BY:� y County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (� ) This Claim is rejected in full. Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this dates Dated: DEC 16 1986 PHIL BATCHELOR, Clerk, By C v Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the.date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimapt as shown above. DEC 1 71988 Dated: BY: PHIL BATCHELOR byEre' puty Clerk CC: County Counsel County Administrator ('LAINt' T0: 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 late= 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, California 94553. (P.O. Box 911) 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 ps Po h e:rf anotc 5�� u�,,e ; RECEIVED Against the COUNTY OF CONTRA COSTA) or DISTRICT) WFIS EveQ qg A /Fill inname) ) ey .. ..........oepny The undersigned claimant hereby makes claim against the County of �ontra Costa or the above-named District in the sum of $ t'r� �'"'Gs my ry�ed'ca b.'/Is, Phu s r my n�i/7 S6'F�rrinn r n and in support of this claim represents -as follows: ✓+-urc.ine •ca bar ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) FrldalL CC-f"0ber"7- aq, 1cj8(n af_app_ roy, 5. 15 p. m . -------e- J-T—----e- ----- - --------------------------- 2. Where did the damage or injury occur? (Include city and county) -4e Al ham bac 6er'o_re.___ ? extra xr_t, 3. How �id th damage or injury occur? (Givful details, use sheets if required) this resulted /'n our be,,' )J ycoreed fo fhe sh001der0Ffhe h13hW6ty, pleases see beloa>, at)di 901n9 ar'rborne durfny UJh/tA f, e- w4$ f-hra/ur� a� ouno� C T wos wearrn3 sea-F be if ) -------- - ----------------------------------------------------------- 4 . What-p--articular act or omission on the part of county or district officers , servants or employees caused the injury or damage? Qy fier hr9h rasoeed, her M C k less dri'u1'n 4he11 he.rCv-14/,n baek-. /n �o oar lane an confacf w /th Oar Ueh/ e /C. /�a/c//'14 (over) r - ,45. - Vdhat are the names of county or district officers, servants or i employees causing the damage or injury? 6. What damage or injuries do you claim resulted? ZGive full extent of injuries or damages claimed. Attach two estimates for .auto damage) ,g 70/af f., re-. .T OM in con5-I-a n- --Iqa i n cu,'fh my nee,k` have bee-n hau�n severe_ head4Ghe 4��a1 � /� �' fh rzr __ 7. How was the amour claimed above computed? (Include the estimate amount of any prospective injury or damage. ) ------------------------------------------------------------=------------ 8. Names and addresses of witnesses, doctors and hospitals. Dr. lF Docfans yospl•fa (" �l51 ,4PP,an l/JaY, P,�0 �, C,4 9L/- b Dr. IMC-Ole , 9/_SC fl�o,art Gf�ryy, Piero%J C!i- vSG,y -Oa Le. &vra'e✓ 5 r'r) h " a97D 1-1i'117'-OP1976114d., iQ,e hmond ni4 94/ rMiq o2ob eT t fro u�,,P c y a ,QosPc/a le Qr San �ih/a C✓r4 9 Y.�0 Co ------------------------------------------------------------------------- 9. :' List the expenditures you made on account of this accident or injury: �- ; DATE- ITEM AMOUNT /0-d�1-8 ., fak" fo hosloi4al I5q� Per S�O per. /71C Coles oFw3ee. 3s.00 1i--7-fro a Thera gE-f Preser,pt,On aO.Z�S Pyw q bab s,tter Form son . a.oO hr, W h,*** *****y** Govt. . Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney An aftorney WE' Spoke �-o adv ,'�ed claimant' s S ' nature US it f-his ear) . be, handled a), -hoLt ��y �1,?e . A�n n , Onereasonably -/--hen wedon�f ,77d ss � need Or,e. So a-/- flys �,:ne we Sa)c rg' Telephone No. �� not hGluP_ Oi7�. Telephone No. (q/5� -7,�(1- /oZ NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to .defraud, presents for -allowance- or for payment to any state board or officer, or to any county, town., city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 16 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Gover© drWlCounsel Amount: Unspecified Section 913 and 915.4. Please not all "WARNINGS". CLAIMANT: ROBERT & LISA BROWNE NOV 18 1986 2042 Rosedale Drive Martinez, CA 94553 ATTORNEY: San Pablo , CA 94806 Date received ADDRESS: BY DELIVERY TO CLERK ON November 12 , 1986 BY MAIL POSTMARKED: November 10 , 1986 Certified P 308498941 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. NIL 13 , 1936 PPHHIL BATCHELOR, Clerk DATED: BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) 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. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: . l�co BY& . V !�C— puty County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (/1 ) This Claim is rejected in full. ( �) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: DEC 1 6 198'.0 PHIL BATCHELOR, Clerk, By . � Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that i am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 17 1986 BY: PHIL BATCHELOR by /Deputy Clerk CC: County Counsel County Administrator CT„AIM 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 , California 94553. (P,O, Box 911) 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 ) Reserve erk' p stamps R0e,,-f and RECEI Against the COUNTY OF CONTRA COSTA) ELoq CL 5 E or DISTRICT) K FFq Fill in name) ) W . . The undersigned claimant hereby makes claim agains the. County of. Co tra Costa or the above-named District in the sum of $ ��r�rn�M�a;��,,� ' '„�GS wed and in support of this claim represents as follows : Pit me .'ca eriT� �r ------------------------------------------- ---------------------------- 1. When did the damage or injury occur? (Give exact date and hour) Fri da QC ober SIJ_ 194 Co_ cr�- aPf'�D u_ S _---421 / .-----=------ 2. Where did the damage or injury occur? (Include city and county) the f1/hgrn b� _Qn_ h�ua�_ �_C'ah �_/G l��1L-62 6--On-_2 �s 3. How did th.e damage or injury occur? (Give full details, use extra sheets if required) `eSL;14PW, ii car biei%iq fdreed fo f he s/)o v lc;ler vFth e hI�A w a y, please see be%ou�, on� 9o�n9 a,'rbor17e durii�cJ Uv7(L.A 7L,.77e cucts �--hr'acvn Qi0/Jnd. CZu�4.su�eor, ' 9 -----------=-'•------------------------------------------- sea� 4. What particular act or omission on the part of county ormy_district officers , servants or employees caused the injury or damage? Py hey- ), 131) ro�e op speed, her rree,� less ode`1 v,ncg -hen her eu�t, ,�y 60C/Z � � fo ovs /Q.7e crranl .na��i.� e0i1 '�f w� tl7 oU/' Ueh� 'el�, (over) �. What are the names of county or district officers, servants or I employees causing the damage or injury? --- Le r--Ole ----------------------------------------------- 6. What damage -or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Olaf re Z a�n �n C�nsfanf�Da � n rvit6� my nee been_Ag4Z n _ s��ver_e_ �► eac�l� e�tes _ r _ _Z_n_�iL t�,e�Q,oS' 7. How was the amou claimed above computed? (Include the estimated amount of any prospective injury or damage. ) 8--------------•---------------------------------------------------------- S. ,Names and addresses of witnesses, doctors and hospitals. O r. el!1-1 ,;O�'F />ocfo rS HoSO 1'ta ; R A S/ :app i 61) �&a y� D� � 1eC'o /ems ,Dave, CUrde� h, ff�// �/7?all led. Qrn/7rnO/ :�1 9Y�'D6 �oloert 6/�Du)nE d�ya moose O(e- Dr) sari 4ye'D6 ---- --------- ------------------------------------------------------ 9. �igst 'the. e;�pen�i'tures you made on account of this accident or injury: ---'� ' • DATE t-; ITEM AMOUNT /o- au- gco ... t -l-Oken +Ohos,n,,+aI r5d- per mile s io--3o- �� Dr' /n�Coles of��ee 35.00 i qe_t preS&r , pt,o n a.e. OS Ther pyo a bQbys,'f-her- 4r m. a0 • _ � Son u.iG1�to ='ern rn +Aert2 L7nvfep. ***ik+k*#**�e*t*•k,k****************************tt sr 7k**** *�** ** p#it* Vit'4r* * r*�/ 6, Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person 'On his behalf. " Name and Address of Attorney 11r7o"orrx y (,ve epoke.-t-o ado r,eV � Claimant's Siq na ure vs i'f' fh( s Car, ee hand/e. „w ,'thovf 41a �)rL lre arse ''�aSorzQE�/ y h eh we don 't Add ess geed one. So yard- f-GrcS fine u�� amain � S Ci°- 9YV6 Telephone No. do Telephone No. /S72 LY-06 ! a *********�*x*#*****•��r+e******t,r*,r****sr******x•**x*:***,tom***x**x�r,�*�e*****x*** NOTICE Section 72 of the Penal Code provides: "Every person vho, with intent to defraud, ,presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " CLAIM 7 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 16 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $35 . 00 Section 913 and 915.4. Please not all "WARNINGS". C0Ufl$2I CLAIMANT: GERALD I:NIGHTEN 521 So . 16th s.t . (JUV 181986 ATTORNEY: Richmond, CA 94804 CA 9450; Date received ADDRESS: BY DELIVERY TO CLERK ON November 14, 1986 BY MAIL POSTMARKED: November 12 , 1986 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. % DATED: November 17 , 1986 PPHF1IL BATCHELOR, Clerk 8Y: �eputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (� 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. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: / �uty County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (k) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: DEC 16 1986 PHIL BATCHELOR, Clerk, By V Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. if you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez. California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 17 1986 BY: PHIL BATCHELOR by Z,5z Deputy Clerk CC: County Counsel County Administrator CyAIM TO: BOARD OF SLPERVISORS OF CONTRA COPXNrF ppiicationto: ' . Instructions to ClaimantVerk of the Board O.Box 911 Martinez.Calitomia 94553 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, 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 or form. RE: Claim by )Reserve in . stamps RECEIVED - Against the COUNTY OF CONTRA COSTA) �JUV g86 ` ELO Ps w or DISTRICT) N osA (Fill in name ) ey • ...:c.. ..... ...... The undersigned claimant hereby makes claim against the CourLty of Con a Costa or the above-named District in the sum of $ and in support of this claim represents as follows: �. When did the damage or �n3ury occur? Give exact date and �iourj 2. ere did tRe damage or injury occur? (Include city and county) -- �s �----moo u _t1_ rul------ C O 1� ��- T -` -- 3. _How did the damage or injury occur? Give uYS Ntai s, use extr . sheets if required) _.�S?_��_- - �-�----� - --�- -............ 4. ---t----- What par_ t�icular act or omission on the part of ountr district • officers, servants or employees caused the injury or damage? (over) S. Whaf-hre the names of county or district officers, servants or employees causing the damage or. injury? z What damage or fn3uries do you claim resulted?�ZGfve full extent of injuries .oi .damages claimed. - Attach two estimates for auto.. . damage) ea ----------------------------------------computed?------- ?Inc- ----lude-----the----- ----estinate— � -- 7. How was the amount claimed above amount of any prospective injury or damage.) B. Names and addresses of witnesses, doctors and hospitals. - ,. . � . Poesr�;�s So�e e- a �,•� CA►;F _ r �. Lfst the expenditures you made on account of this accident or injury: ! ISATE ITEM AMOUNT r l0 T�,..rr-+ :s SI�oE, b15.00 •/4PA�R• 0 Ac/L 19Eo . 0nA5 S140,5./3S ° ° Govt. Code, Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and 'Address of Attorney ,J,1,J,1� 1L� Clam nt'i�gnature .. ..• .. Address � . .. .... _ .. : _. .• - - - QUI�D .� . Telephone No. Telephone No. .{f/S— 2. 7— 16 q q - RltRR!!!R!R*!lRRRRRtt*R!lttRt#4t!!!tt#*Rt*!!tt*ttRRtRtttRtlRRtf!!!ttlRf*** NOTICE Section 72 of the Penal Code provides: 'Every person who, with intent to defraud, presents for allowance or for payment to .any state board or officer, ' or to any county, town, city district, ward or village board or officer', authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony.' CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December. 16 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $20. 00 Section 913 and 915.4. Please not all '~gY'COunSe) CLAIMANT: ERIC B. SHAW NOV 18 1986 649 Chester Drive ATTORNEY: Pittsburg, CA 94565 Martinez, CA 94553 Date received ADDRESS: BY DELIVERY TO CLERK ON November 14 , 1986 BY MAIL POSTMARKED: November 12 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: November 17 , 1986 PpHHIL BATCHELOR, Clerk / BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) 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. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: /1 ��/j /�6 BY: ul�epufy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (X This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: DEC 1 1gg� PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 17 1986 putt' Clerk BY: PHIL BATCHELOR by CC: County Counsel County Administrator CL:sTM TO: BOARD OF SUPERVISORS OF CONTRA krQRFRYappfication Instructions to ClaimantClerk of the Board F-0.8=911 Martinez,California 94553 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, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the Distript 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 o�this form. RE: Claim by )ReservM for erc s g stamps RECEIVED Against the COUNTY OF CONTRA COSTA) (t�v /�1��6 i i ) BAT ELon Or .��, �- �� LJ DISTRICT) n K:AF o suvC v (F1 in name— ) er . . .. . .. .... .............. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 7 and in support of this claim represents as follows When did the damage or injur oc r----r---r---------- --- y cur? (Give exact date and hour] �. Where_ �i� the damage oz sn3ury occur? (Include city and county) --------------^----------—T—T-----•---———— — --T -------------- 3. How did the damage or injury occur? Giveu1S �etaiis, use extra sheets if required) 7 What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? (over) 5. What are the' names of county or district officers, servants or employees causing the damage or injury? : N 6. What damage or lh3uries $o you claim resulted?N ZGlve lull extent of injuries .oi damages claimed. - Attach two estimates -for auto_ damage) -... {. 7. How was the amount c------------------------ -------------------- --- JI 41. laimed above computed? Include the estimated amount of any prospective injury or damage.) N - N M 8. Names and addresses of witnesses, doctors and hospitals. _ -- ---------.---T-------------------------------T-----T--------T-T---- 37Listthe expenditures you made on account of this accident or 1n3ury: HATE J ITEM AMOUNT t Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by somerson on his behalf." Name and Address of Attorney Claimants Signature ot Telephone No. Telephone No. !##R!*R#RR#**#*RR#RR*RRRR*RR**#*RRRR***RRRR**RRRRRRRRRRRlRR RR#RRRRRR*!#R* NOTICE - = Section 72 of the Penal Code provides: 'Every person who, with intent to defraud, presents for allowance or .for payment to any state board or officer, ' or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony.' r CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 16 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $30, 000 - 00 Section 913 and 915.4. Please not all "WAR ?Ay CaUnsd CLAIMANT: WILLIE LIGE 2 1986 C/o J . Stephen Ingersoll-Thorp �`iS,IJ ATTORNEY: Andersen & Bonnifield Martinez, CA 1355 Willow Way, Ste. 255 Date received ADDRESS: Concord, CA 94520 BY DELIVERY TO CLERK ON November 17 . 1986 BY MAIL POSTMARKED: November 14 , 1986 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �bIL gATCHELOR, Clerk DATED: November 20 1986 : Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (� 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. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ZL4, 9 �/8� BYr6a-/� yZ uty County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (1l) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: DEC 16 1986 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. l/ Dated: DEC 1. 7 1986 BY: PHIL BATCHELOR by V��eputy Clerk CC: County Counsel County Administrator CLAIM TO: BOARn 9F SUPERVISORS OF CONTRA Ci �Yappiicationt0: `a ;erk of the Board K - Instructions to Claimar � kio 6 Mrtinez,California94553 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, 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 B this form. #t#tttttt##ttt###t##ttt#t#*t*#tt*#*#t##*#ttt##tt##ttt*t#t*tt#####tt#tttt RE: Claim by )Reser v erg s i g stamps WILLIE LIGI ) RECEIVED i t4Ov/7'1985 Against the COUNTY OF CONTRA COSTA) D 8 EIOR or DISTRICT) u K AR qpff sua RS F1 n name ) 6Y ''" " The' undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $30 ,'000 and in support of this claim represents as follows: �. When dxd the damage or injury occur? Give exact date ani hour] September 29 , 1986 '�:--W�iere $i� t}�ie damage or in3ury occur? Include city and county3 C-Module , Martinez Detention Facility, Martinez , Contra Costa County 3. How did the damage or injury occur? (Give �uIS c�eta�Is, use extra . sheets �iif, re ui ed) Craiman� slipped on a wet. spot while descending stairs on the module and was unable to maintain balance , due to weakened condition in his left leg...- Claimant then fell down the stairs . 4. idhat particular act or-omission on the part of county or district officers, servants or employees caused the injury or damage? A.• The guards at the module negligently permitted the wet spot to , remain on the stairs. B. Prior to the accident the ,guards and medical personnel at the .jail refused to allow claimant to wear a leg brace on his left leg.. The aforementioned personnel knew that claimant needed to wear the brace for stabil�yy wh>)le walking. 'Medical Dersonnel at the jail examined claimant prior ttl'l� accident, knew of claimant's weakened condition in the left leg, and knew claimant was likely to fall and injure himself without the brace. 5. 'What' are the na r of county or district of.: Jeers, servants or, employees causing the damage or injury? Unknown at this time ----- -- -----••--T-Z--T..........---T-----•-- - -- --�• -------.------ ; WFi;t $;mage or injuries do you claim resulted? ZG�ve full extent of injuries or damages claimed. . Attach two estimates for auto damage) Personal injuries to the -leg, back, and neck of claimant , with residual damage , plus claimant' s pain and suffering`'and consequential- 7. ow ' as the amount claimed above computed? (Include the estimate amount of any prospective injury or damage. ) All medical treatment to date has been furnished by Contra Costa County. The $30 ,000 figure is an estimate of claimant' s future medical expenses , plus pain and suffering 8. Names and addresses of witnesses, doctors and hospital$. Discovery still continuing--claimant has been treated since the accident , and continues to be treated by employees of the County Hospital , Martinez , Contra Costa County - -------------- -------------------------- -----T-----T--------T-T---- V. -List ;the ;.expenditur�es you made on account of this accident or in3ury: BATE ITEM AMOUNT None to date Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney az41 cif 1no> J. STEPHEN INGERSOLL-THORP ClaimaVV s Signature ANDERSEN & BONNIFIELD 5819 McCall Street 1355 Willow I-Jay, Suite 255 Address Concord, CA 94520 Oskland. CA Telephone No. 415-R25-51 ()0 Telephone No. 415-547-2559 NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " CLAIM BOARD OF.SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 16 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $100, 000. 00 Section 913 and 915.4. Please not all "We wi co JSe1 CLAIMANT: BRENDA HE14DERSON ti Q 119x6 c/o J . Gregg Riehl ATTORNEY: Seltzer, Gould & Riehl Marl1nPz, GA 2150 Shattuck, Suite 600 Date received ADDRESS: Berkeley, CA 94704 BY DELIVERY TO CLERK ON November 20, 1986 BY MAIL POSTMARKED: November 18 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PPH g DATED: November 20, 1986 BaI1 Deputy OR, Clerk L. Hall Ii. FROM: County Counsel TO: Clerk of the Board of Supervisors 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. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY�� ' "-(neC-*4_tDj�uty County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present 0 This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: DEC 16 1986 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 16; and that today 1 deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimaht as shown above. Dated: DEC 17 1986 BY: PHIL BATCHELOR by �/\ Deputy Clerk CC: County Counsel County Administrator SELTZER, COULD & RIEHL A PROIESSIONAL LAW CORPORATION ALAN J. GOU LDGREAT WESTERN SAVINGS BUILDING LOS ANGELES OFFICE J.GREGG RIEHL 2150 SHATTUCK AVENUE. SUITE 600 2315 WESTWOOD BOULEVARD JAMES JAY SELTZER• BERKELEY, CALIFORNIA 94704 LOS ANGELES,CALIFORNIA 90064 TEL. (415) 644-2525 TEL. (213) 470.7888 GAIL ROBINSON BARRY P.KING SIDNEY SEALINE OP COUNSEL .A xI NERSER W ROY NMIII YR,O C SM WASMINOTON OFFICE 1424 K STREET, N.W. WASHINGTON, D.C.20005 TEL.(202) 626.2405 CLAIM AGAINST CONTRA COSTA COUNTY WILLIAM J.PLATZER Of COUNSEL Name and Address of Claimant : Brenda Henderson 2535 - 76th Avenue Oakland , CA 94605 Send Notices to: J. GREGG RIEHL ftc SELTZER, GOULD & RIEHL 2150 Shattuck, Suite 600 Berkeley , CA 94704 X19 Place and Date of Occurrence : er a� N S<<pq August 29 , 1986 , San Leandro , California Circumstances of Occurrence : On August 29 , 1986 , San Leandro police officers responded to a call from First Interstate Bank in San Leandro . An employee of First Interstate Bank had accused Claimant of trying to cash a check on another person ' s account . An officer ran a computer check on Claimant ' s cur- rent driver ' s license number . The check produced no outstanding warrants . The officer then ran a check on Claimant ' s old number . The check produced an outstanding bench warrant related to a fishing without a license charge . Claimant was arrested and detained at the San Leandro Police Station . Claimant had had her purse sto- len sometime during 1981 , and reported the theft to the Oakland police. The fishing without a license ticket was issued by the Pittsburg police in 1982. Since Claimant ' s arrest and detention she has been cleared of any involve- ment in the 1982 ticket for fishing without a license . SELTZER, GOULD 8 RIEHL Public Entity Claim Against Contra Costa County Page Two of Two The County of Contra Costa negligently failed to inform Claimant that there was an outstanding warrant against her , and negligently failed to remove the outstanding warrant from her records . . Description of Damage or Loss : Emotional distress ; mental anguish ; hospital and medical expenses ; pain and suffering; and lost wages . Total Amount Claimed: $100 ,000 .00 Breakdown of Amount Claimed: special damages $10 , 000 . 00 general damages $90 ,000 .00 DATED:.--__-- J:---E- WEEM -------- CLAIM BOARD OF_SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Decemrer 16 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $1 , 000 . 00 Section 913 and 915.4. Please not all "WARNItrWunty Counsel CLAIMANT: PATRICIA E . A14DERS0N NOV 2 1966 Sanders , Dodson, Rives , McLaughlin & Pegnim ATTORNEY: 2211 Railroad Avenue rvldrtineZ, CA 94;55 ' Pittsburg, CA 94565 Date received ADDRESS: BY DELIVERY TO CLERK ON November 20, 1986 hand del . BY MAIL POSTMARKED: no envelope 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. 20 November , 1986 H 11 ATCHELOR, Clerk DATED: BFFY: �eputy L. Hall I1. FROM: County Counsel TO: Clerk of the Board of Supervisors (� 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. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: c uty County Counsel I11. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (x) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: DEC 16 1986 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING 1 declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today 1 deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC .1 7 19861 BY: PHIL BATCHELOR by Z19 e'uty Clerk CC: County Counsel County Administrator Fe: m IVED CLAIM AGAINST PUBLIC ENTITYOf�� ' E t TO : CLERK , BOARD OF SUPERVISORS 651 Pine Street Martinez , California The undersigned claimant , PATRICIA E . ANDERSON ; hereby makes claim against the County of Contra Costa in the sum of $1 , 000 . 00 and makes the following statements in support of her claim : 1 . Claimant ' s address is 628 Savoy Court , Walnut . Creek , California 94598 . 2 . Notices concerning this claim should be sent to claimant in care of her attorneys , SANDERS , DODSON , RIVES , McLAUGHLIN & PEGNIM , at 2211 Railroad Avenue , Pittsburg , California 94565 . Telephone No . ( 415 ) 432-3511 . 3 . The date , place and circumstances giving rise to this claim are as follows : Ms . Anderson was retired for service connected disability retirement on August 12 , 1986 . At that time , the Retirement Board began to pay all of her medical insurance . Until that time she was paying approximately $90 .00 per month out of her own pocket to continue her health insurance . If she had been granted a retirement as a service connected disability when she initially applied , then she would not have had to pay for her health insurance herself. Since her retirement benefits are retroactive , her health insurance benefits should be retroactive . Therefore , Ms . Anderson is owed all the money she paid to the County to continue' her health care insurance before her retirement was granted, approximately $1 ,000.00 . 4 . All notices or other communications regarding-this claim are to be sent to claimant in care of her attorneys as indicated above . Dated : November 20 , 1986 . THOMAS M . SANDERS , DODSON , InVES , McLAUGHLIN & PEGNIM 2211 Railroad Aven-ue Pittsburg , California 94565 Telephone : ( 415) 432-3511 Attorneys for Claimant 2 -- - CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 16 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Undetermined Section 913 and 915.4. Please not all "WAgNIING�q CounGel ou CLAIMANT: Paul Bazilwich Jr. NOV 2 1986 2670 Round Hill Drive ATTORNEY: Alamo , CA 94507 Martinez, CA 94553 Date received ADDRESS: BY DELIVERY TO CLERK ON November 20 , 1986 BY MAIL POSTMARKEq: November 19 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL gATCHELOR. Clerk DATED:_ November 20, 1986 �b: Deputy �6e L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (� 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. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: / C=� /fi�(a BY: �z Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DEC 16 1986 Dated: PHIL BATCHELOR, Clerk. By. , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 171986 BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator G+:,AIM ATO: 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 Cor mail to P,O. Bax 911, Martinez, CA) ., C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, ' Penal Code Sec. 72 at end of t is form. RE: Claim by ) Reserved for Cle ' stamps ' RECEIVED ) Against the COUNTY OF CONTRA COSTA) w 01286 or DISTRICT) o. K° "UP A$ Fill in name) ) °N sy .[.. woub The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: ------------------------------------------------------------------------ d 1. When did the amage or injury occur? (Give exact date and hour) ML9,1 day �v�v�uv �P, 9�G flak / � 'Y 7%1- - -----------T----------- - --------------- ----------------------------------------- --------------------------- --- 2. Where did the damage or--injury occur? (Include city and county) ZG,7o /2ouiv0 6/ic.L 0.oesv6 // / �G/¢�O, 4:740fIVC07 COA/ra CO.fY4 ems& Yy -----------------------------------------------------eta ----------- 3. How did the damage or injury occur? (Give full details, u e extra sheets if required) /Js�ka/>` /atre;.? Aeac4isse Sr�lpr4l & �tvew= e4�raaec � aYGc_ ehc hvua artuyQ� se�era-1 n�we aPf-�u••rd {v ,(aC wailG�.a.� OW 14A IWCC40:&e . So►erwd 1"e DIS S�o>`s ti�elc'c.atr �sOSS[bP� otac1i;xe /Nahl's .t Sereno.Q !.a d�sr 4 y r`4.e. �►.�%ur w+�-c c(�oo{��ed. �lo�r�ra.r u.i.s Esc {i� jto tot v7r7�ii4 SA.vO4A (/qA/ S� KF Sr. Z.slurcuset �rtc7lf ------------- ---------------------J------------------ ---------------- 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? 4::'0UyA1 WML441 AAef h9,e&*fly sAWWd opt, ad_tu s rte/ tev-r-� W-Z'W eK>! xeeeq�z' el't ddb sl y, .1 Al� 041�&ftj &&4X cs�.� `r.�e-�.lc�,�,� wtor,.,,�..�/ i`�.� irr.a.a�,z,,�i �G�.o.� -i✓u� �ta�C-�l v`� GEvic �`4c e�.ti,� (over) 5: What are the names of county or district officers, .-servants I ' employees causing the damage or injury? !/.,"Own --------------=---------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Se&kC4 u.G /o d u u t �Cs�r ozJ�eA, u,g t s. L�1�rtcc ./ /Oa . -------------------------------------------------/------------------------ 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) COS-04 V Jf =4 -9/ .s4ca,H. 40� r� fe u ti ---' Names---------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. Ral<lwle�4 ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: I ;DATE , ITEM ' AMOUNT Govt. Code Sec. 910. 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) 'or b some gprsop o his behalf. " Name and Address of Attorney ,P4a4. /}ZArz,WtGA/ T/L Claimant' s Signature 2&7o 20un/0 {li4e- DAZ1VE Address 456,T07 .�`,q 4e o e of oA*.4 : Vlr- V- 5375- Telephone No. Telephone No.Aw4.e- qtr- 8Zo -JW6 NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, ' or 'to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " CLAIM BOARD OF. SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 16 , 1986 and Board Action. All Section references are to ) The Copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government CodeS,,X Amount: Undetermined Section 913 and 915.4. Please not all "WARNIN&SGotJVN Goon CLAIMANT: . Ralph & .Kathleen Cryderman 2 196 . c/o David R. Forsbia6, Esa . NQS 945f� ATTORNEY: Hyde & Forsblad eZ, GA 1850 Mt . Diablo Blvd. Date received Ma1n ADDRESS: Suite 310 BY DELIVERY TO CLERK ON November 20 , 1986 Walnut Creek, CA 94596 BY MAIL POSTMARKED: 1`7,oven'-.e-z 19 . 1986 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �dIL gATCHELOR. Clerk � DATED: November 20 , 1986 : Deputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) 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. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: �; Dated: G �j �� BY: ty County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present Yy) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: DEC 161986 PHIL BATCHELOR, Clerk, By � , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned. have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California. postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. DEC 17 1986 Dated: BY: PHIL BATCHELOR by uty Clerk CC: County Counsel County Administrator DAVID R. FORSBLAD, ESQ. HYDE & FORSBLAD 1 1850 Mt. Diablo Blvd. , Suite 310 Walnut Creek, CA 94596 2 ( 415) 939-7700 3 Attorneys for Claimants RALPH CRYDERMAN AND KATHLEEN CRYDERMAN .5 6 In the Matter of the Claim of 7 GLEN A. RODRIGUEZ, 8 vs. 9 COUNTY OF CONTRA COSTA, et al. , 10 11 RALPH CRYDERMAN and KATHLEEN CRYDERMAN hereby make the 12 13 following claim against the County of Contra Costa for 14 comparative indemnity as follows: 15 1. Claimants' address is 1869 Newell Avenue, Walnut 16 Creek, California, 94595. 17 2. Notices concerning the claim should be sent to DAVID 18 R. FORSBLAD, ESQ. , Hyde & Forsblad, 1850 Mt. Diablo Blvd. , 19 Suite 310, Walnut Creek, California, 94596. 20 3 . The date and place of the occurrence giving rise to 21 the claim are on or about August 7, 1984 on or about the 1800 22 block of Newell Avenue near its intersection with Azalea Drive 23 in the County of Contra Costa. 24 4. The circumstances giving rise to this claim are based 25 on the Complaint filed by Mr. Glen A. Rodriquez on or about 26 August 2, 1985 naming claimants as DOE defendants. Claimants 27 herein make their claim for Comparative Equitable Indemnity and 28 Declaratory Relief based on said Complaint. (Copy of Complaint 1 attached hereto) 1 5. Claimants' injuries are as stated in the plaintiff's 2 claim. (Copy attached hereto) 3 6. The names of the public employees causing the 4 claimants injuries are unknown. 5 7. Claimants ' claim as of the date of this claim is for 6 comparative indemnity. 7 8 DATED: November , 1986 � HYDE"/ & FORSBLAD 9 10 aft d R. Forsblad 11 j�ttorneys for Claimants 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 r 1 J. BRYAN RODRIGUEZ AHERN a MOONEY U 2 Attorneys at Law U C� 14895 East 14th Street, Suite '200 3 San Leandro, CA 94578 •.I.)I 1 1.86 4 Telephone: (4 15) 352-0730 �. R. USS N, Cfrjunty CWA CONTRA. COSTA COMPrY 5 Attorneys for Plaintiff 6 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA 9 10 'GLEN A. RODRIGUEZ, ) ) 1i Plaintiff, ) No. 273175 12 vs. ) 'AMENDMENT TO COMPLAINT C.C.P. 7 13 COUNTY OF CONTRA COSTA, et al. , ) and ORDER 14 Defendants , .• ) -- 15 16 Plaintiff was ignorant of a defendant's name, stated the 17 fact in the complaint and deisgnated the defendant by a fictitious 18 name. The defendants'- true 'names have 'now been• discovered and plain- 19 tiff hereby amends the complaint by substituting the true names of 20 CARROLL J. DUPLESSIS as DOE 2 and PENNY DUPLESSIS as DOE 38 RALPH 21 CRYDEPX7k!?. as DOE 4 and KATHLEEN CRYDERMAN as DOE 5. 22 23 DATED: June 25, 1986 24 AHERN 6 MOONEY 25 28 By, 1s •T"8�2Y ,� OD?iEnuE.Z -Attorney or . 27 �r,, plaintlt! Y r ` r r5+ f F W MMM ` fNINMs .if. �:. , i- ss , �" ?f g`"'�' � yV•t1-'.f+�s'"/r� t6t,l ia'f'�•1'r 1ai� 5. .a.i tJ.i�,Ys �:- ` ��IH l - , �'- f' n <ar GAS/7i 9t° tA. ; : c. ,t��F ¢ �'�t2f.� in }�bRy`iZ•Sa ',. t •` ...,� -„+ j :i �tr. �r . �g"L�:" 'ani 'r ';,,�'j,�� .q.. /a ,,�'t'1'^'s �.=3�✓tF,/? W�N•HN „ •; r. - .. a..- ..... -:�sr -... �,�#"!a. � �*'^tfrl�'�S:a�� .7� f«" ¢ap �' ��94 w r � ,�rr�'i r`�l 1 ti s� �•c R�'G r , ' a� xR� u_ .' �.'' ; S ..fiti f 'ter ..� —,•"- 'Sr�f� _F+ )�Si� Y]J..e+r.. .. ,Y!�Xfn~ _ .r '�J 3E". •r �t. X.L - .- .0 '.._. •- nouniGEuG v. Coun� of Contra Costa , et al . V Action No. 273/175 1 l 2 ORDER 3 4 GOOD CAUSE APPEARING, plaintiff is hereby allowed to file 5 the above amendment to complaint. 6 7 DATED: JUN 3'0 1988. 8 9 .... ... .... CC.LCMAN F. FANNIN 10 JUDGE OF THE SUPERIOR COURT it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ;* ►+rt• 27 •**•** LAW OFF1995 CtN Q MOONEY . t t•t1 IIr•ti•Itt tent et• '1488ij,N Ntt• 1 J. BRYAN RODRIGUEZ AHERN & MOONEY O 2 Attorneys at Law 14895 East 14th Street, Suite 200 �ur7 3 San Leandro, CA 94578 IY ? 1985 4 Telephone: (415) 352-0730 R, OLSSOIJ. County Clerk 5 Attorneys for Plaintiff CONTRA COSTA COUNTY LE'I:lS.Deputy 8 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA 9 10 GLEN A. RODRIGUEZ, ) ) 11 Plaintiff, ) No. 273175 12 VS . ) FIRST AMENDED COMPLAINT FOR DAMAGES 13 COUNTY OF CONTRA COSTA, ) FOR PERSONAL INJURY DOES 1 through 40, inclusive, ) 14 ) Defendants. ) 15 ) 18 Plaintiff alleges: 17 FIRST CAUSE OF ACTION 18 1. Plaintiff is, and at all times herein mentioned was, 19 a resident of the County of Contra Costa, State of California. 20 2. The true names or capacities, whether individual, 21 assoc:-ate, corporate, or otherwise of defendants DOES 1 through 40 , 22 inclusive, are unknown to plaintiff who, therefore, sues said 23 defendants by such fictitious names. Plaintiff is informed and. 24 believes and therefore alleges 'that'eaeh of the. defendants designat- 26 *dheroin as a DOE is legally responsible: in _some manner for the ` +*Pts and happenings herein reierred to, and legally causod in u�cy . e �las+sage,,; prax3.1"telY Ithardhy ,to pla�9ttitii! J!s �►erQitt eil�gid:" +� `• �f411 i.. 4:� r I. Y t } i : �, 1 iT r� -. ��'. , i}✓ � t!-Y. I � Y h : � R. Yf '..." r y 1 ...r c f,? I I r i. t'v A �' a,"�Y, t'. E.,a$ i � A � lr J,� `r -5r r 4'f rsS ft"^Tt d.i F•7�iP:r t�.4.�1y sA. T�'T t Y G k i ♦ i. 1 .+ ++a�•4�f� �.+r i��l 4� y a 2y{ nk �T t r fa(�ui.�'W``.k�l. l a JI .ra K d •��+y,. , t� �''1{• ykc it i �y t'ruJ,„"�. �,(.�,r*_+��7 's��" .,� Y:CJ ♦-l.Y I - �µ.'�.L i i S5�W \t Y �Y.Ti.r`\ r L h� Lr^Yh+� S Com, •S r.t• � {+ J•-� \ '�,rL .�►_#r. >ti, , f r "1 I -,, �, i S � 2 i fraa T ..f,� `uLa- r *u a , a-i�iy �•• .s .x .f� "� r s k�i s a� T � '3 ' is :r'k� .,v i d :S «. F..t '•rt ° > � `�' e�'T a • ti ;•.�' � 'ri �. , b "y r J ULA „J.Y 4 i.i i x S a • � � Q 1 �� i {�• r'iF/ r � � � ur - s.� Vr t�k � �•?ir k t�•�ap. ""��Y�r��yjy��If.'sf 4.7 cS! F r a'"S.K uat• - i•� r Aye^l' rt y t .i+ f ��iti�'� a� �� •J IIS k.Fi'�5� 2: w{rl{ r+t'`!: x'ti c4.3 Fd1 �bU'4' iiH i2�:'�✓pl�r,�•. Y atY. ..G P SS; `' Z• tt SN? r T &7�-. ', v' } Z`� `t•1-{ ?F�n I, qta °s'1('i�' wr u"4ry•{ i *i ! � : x. r s31 �.'�,..i, t L .n+ ',}`4bRle � �ti '�LTt � '� ,•..1F' �+ � „� N 1 3. At all times herein mentioned, defendants DOES 10 2 through 20 , inclusive, were the agents and employees of each of the 3 remaining defendants, and in doing the things hereinafter alleged, 4 were acting in the course and scope of such agency and employment. 5 4. At all times herein mentioned, defendants DOES 1 6 through 20, inclusive, and each of them, owned and controlled the 7 crosswalk on Newell AygD_ g at its intersection with Azalea Drive, 8 in the County of Contra Costa. 9 5. On or about August 7, 1984 , plaintiff was using said 10 crosswalk to cross Azalea Drive. 11 6. At the aforementioned time and place, defendants 12 DOES 1 through 20, inclusive, and each of them, so negligently 13 maintained, managed, controlled, and operated the crosswalk that the 14 crosswalk was in an_uns8_fe._.condition._p.nd said crosswalk had pot holef 15 holes , and uneven pavement located in said crosswalk, which defend 16 ants , and each of them, knew, or in the exercise of reasonable care, 17 should have known, constituted a dangerous condition and an unreason- 18 able risk of harm of which plaintiff was at ail times herein mention- 19 ed unaware. Defendants negligently failed to take steps to either 20 make the condition safe or warn plaintiff of the dangerous condition, 21 all of which caused plaintiff to trip and fall in the crosswalk and 22 to suffer injuries and damages hereinafter described. 23 7. As a 'proximate result of the negligence of the . 24 defendants, and. sach of them, plaintiff was hurt,and :injured in 25 plaintiff's hoalth, atrer►Qth, and aotivity,; austalninQ injuryr to �r 28 plaintiff's body and shock ♦nQ iniusy to plmintiff•s rorvoua syatata pl atsd ps►rsan, ali of �rhie ?►avis painted ind eX' M r" to cause aintiff r L 0 PtR17.,vlya4 a`nrY �:�.i N��► ' .}r. M :ar S fwd-6-w°� �G i--2,\ji�'a ivy a5. sSRy i .a i _ re ✓ .r }�. u i '+ _ (,, it+.wv�.z l v, h- ] * . Ir/ - s s- 1 yris ., r r Rr V ;. r .,,rrYnnN. l✓,`w y z ,R ♦ yt '. } r /1R I/!U•Y�,. r Mr i � Y '. 'y 7 "4 � N Y Rx✓:X r'�,fiw;/ v R �A r \ r { A} a M +�•.1t''ak'{V. .t° }�^ Gtif'� G it etr♦ - ' 3. R.�A!M M1{ t R s t"[y f rs 1 tiI r ,�. jik°„!'�^,. Ui�mxr"`tie A ,r l \>t°, ' f5?tr •1�.' ✓ ( r°S"':.1 Q w �jy� 'yaRl i ♦ - 'moi - s t ,fn �( .di,,.yaW ria. . 1 ,. - y" J v. ,d,l r�' .}r� i_. t7'{ � n� r��a o "� f .�.�at w . �Z�D.0.' � � ♦ .� �' � . �r.J+y4' �"` :. tom# y'R R."1 .:i .��r\�vw r '�`,y4'y'sv i�7'�`j'•?R, l�e+' ,i� ` .«'i r`R ! ,, e ��F' .3 ., .i i°){., n R ;.a ��.,y. r .,•7Ot\ • w4 "1"b S "'rZ'.i� hl gA .: -Ki. J� :�N, .+' - R V:. �,i .. �^�� r . s 34✓��.r y 4 ��gati;r >a�, '¢Y'-'.S•Y .-t 1 12. plaintiff is informed and believes and thereon alleges 2 that at all times herein mentioned defendant DOES 35 through 40, 3 inclusive, and defendant COUNTY OF CONTRA COSTA was the agent and 4 employee of each of the remaining defendants and at all times acting 5 within the purpose and scope of'such agency and employment. 6 13. On or about August 7 , 1984 , and .prior thereto, 7 defendant owned and controlled the crosswalk on Newell Avenue at 6 its intersection with Azalea Drive in the County of Contra Costa. 9 14 . On or about August 7 , 1984 , and prior thereto, the 10 above-Jescribed crosswalk at Newell Avenue and Azalea Drive was in 11 a dangerous condition that created a substantial risk of the type o! 12 injury hereinafter alleged when the _property was used with due care 13 in a manner that it was reasonably foreseeable that it would be 14 used in that there were pot holes , holes , and uneven pavement locat( 15 in said cross-walk. 16 15. Defendants had actual knowledge of the existence of 17 the condition and knew, or should have known, of its dangerous 18 character a sufficient time prior to August 7, 1984 , to have taken 19 measures to protect against the dangerous condition. 20 16. Defendants. had the authority and it was their 21 responsibility to take adequate measures to protect against the 22 dangerous condition. 23 17. on or about August 71 1964 , plaintiff was using said 24 crosswalk to cross Azalea Drive. As a proximate result of the 25 dangerous condition*of said crosswalk, as plaintiff utilized said crosswalk, he tripped and':*If 01 '.and. sustainod the injuries herein r after described., i .. .r�� ! _ h t[ SF `Z �x4J. r F •.�R.{ ; .: i ; _,r r J �.: too 40�Does" ~wew tj.�nht :�, ''( [ t X j (Q rr ��( `t1+ h ( ( t V�•S fir. saw - � _ f�..o a s4M t wr' tr R 1 t � � ��c°�ar �(�`4�<f+'�".j..W.ra�(J r x t vJ �rye.tlie SyK c4 i L J.Y , - t+ • 7 M.Y, `S:} 2 ^.. ,�•t 'tS>?. { �4'f ,"sTx.. .. ._ .. .... (. .-+:,• . ..... t .T., "k•.,.- i,•.a b�1i`SS=. ,�� _��'�.' �� m��.�i' `[ax�t�st�r'.�`v,�`,�__�' •�'�.,�:. 1 18. As a proximate result of the dangerous condition of 2 defendants ' property, plaintiff was hurt and injured in plaintiff's 3 health, strength, and activity, sustaining injury to plaintiff's 4 body and shock and injury to plaintiff's nervous system and person, 5 all of which have caused and continue to cause plaintiff great 8 mental and physical pain and suffering and nervousness. Plaintiff is informed and believes and therefore alleges that the injuries 8 will result in some permanent disability to plaintiff, all to 9 plaintiff's general damage in excess of the sum of $15,0001 the t0 exact amount of which will be shown according to proof at the 11 time of trial. 12 19 . That as a further proximate result of the dangerous 13 condition of defendants ' property, and the injuries to plaintiff, 14 plaintiff was required to employ, and continues to employ, physi- 15 cians and surgeons to examine, treat, and care for plaintiff and did 18 and continues to 'incur medical and incidental expenses which will 17 be shown according . to proof. . 18 20. As a further proximate result of the dangerous 19 condition of defendants ' property, and the injuries to plaintiff, 20 plaintiff was prevented from attending to plaintiff' s usual 21 occupation for a period fo time,' sustaining a loss of earnings in 22 an amount which will be shown according to proof. 23 21. On or about November Of 1984, plaintiff presented a 21 claim to defendant COUNTY OF CONTRA COSTA to r injuriesj,Aosses; ; and ,. 25 damages suffered and incurred by hL a .by mason of thaabo"44i ribec occurrence, in compliance: with the 'r oquii^a�ssent of tea Gavertn�oaL _ Coda. A z-a�y Q! acid slalmz is a>a�cxh�d horeta 'ss exhibit ,!�►" ait�ll r'x f „ `r t • } RL r ♦v 11 f f ! ti -W t Fry ra }'/i^rY, t k �. . - +.' I < t r S t _! �r Y{.�[ Y }.c r 1 , 5 CV� r•.:Lt yv Sd WON" ri`ALet� 21QtXei1!• `' 'l C . "r'Cl ,. fr ''� ' f :.r . ,,. !j P ' ,.. s„ i` j •.W M./I►MM a V.t �r ♦ r” r rSi_;i;7,- i dr1MMI"«a ON •`.'•�� .'. d+ l:k'�'.nl '1�i:3 1 a r , r S... ro v.5 r y ) Airs.trfn�rx r f y. �A l i x dq x e 1a �. a y1��'.. Tj �iic�3\ .1''aT5„�.a , M, ar'ra ♦ z ` S err t �,l� .r r ..f. .Ir•_dV Jy:..a:'.:J Y:...'.• ...q:�1L'� .. IWid.fY.'�Qr'.iQO'd"11171 iaW...r��..w.r. �.......a.............. .... ,c�. �.c•.:. u�w'>�+.'s�l,: ..1..e.......... '�e.� 'i�:.J._'Y'l101-_ _W�tNWti� — !1+ 1 22. On or about December 18, 1969 , defendant COUNTY .OP . 2 CONTRA COSTA rejected the claim in its entirety. A copy of said 3 rejectionis attached hereto as Exhibit "B" and incorporated herein, 4 WHEREFORE, plaintiff prays judgment against defendant 5 COUNTY OF CONTRA COSTA, and each of them, as follows: 6 First 'Cause of Action 7 1. For general damages in a sum in excess of $15,000 8 according to proof; 9 2. For loss of earnings , medical expenses , and all 10 incidental expenses , according to proof; 11 3. For costs of the suit herein incurred; and 12 4 . For such other and further relief as the court deems 13 proper. 14 Second Cause of 'Acti'on 15 5. For general damages in a sum in excess of $158000 16 according to proof; 17 2. For loss of earnings , medical expenses, and all 18 incidental expenses, according to proof; 19 3. For costs of the suit herein incurred; and 20 4 . For such other and further relief as the court deems 21 proper. 22 DATED: July 30, 1985. 23 AHERN 6 MOONEY 24 gy L, 5 . , orneys or it . �� u ; 4+. ^L. k:r4c r�sf +; :j ,t Ff��•,+.r,t�V`r$El 2f r•f a� 1r � wY a"4. YiTjb� �t •vl`R. bi Y r i � f f})J•'�� r ; . i . t..F .-Y� 1• �t ..'{LLt Rj< t.df"Sf r) yrs \'A*� S{t n.7r It h �} 'y o rr t `'3 tr� r +.Fat `L'. r tl e ♦ r' r ♦ tr M Si..' i ! I 1 S Y r 1' r M t r r Y ! '�yi 4�raF4 u nes. �♦ r..,. tt w•T � ri "Y.S J Yrt, c 4 • r �� r i. r a t"�II'+5 ';,Nei` rt\4 tr a la 'iy..fr '.✓': W �..Js d 2 ,.. ,aR,-6P � .i AY.wM1 s':i �or r .fa z i�1 0 �,`: a irF)',y i} ♦ r cr t�r`>far Y a e f +�.7",. ,.). i � Mi r . Y >c xG•,�Kr r ♦F.a.-r l'�'�-•�'4' ��W.�1 � �". Y J. C� r.!�"fy1Ar �",r.nl.Y�f'� rTD� �c (.:v� L• � <� �'�� "�" ��>� �' r=� h �'�r , dal . ��"',��`}r`r �•�� '�e��OGC.o'� .i si� � r^ .-�°'�°wk1 "` ' +• •r �;} 4t'A;.: � rJ;'�i� t��i: .�+ a'�",�t`l"t .7" `'�'a �y� 1�y��. ��' 1 r• n r Y -_ _ x.. •.t:.... moi. '.r ._. _ a. _.. _ _ _. 1 wILLIVI H. AHER. ( �/ AY.ERN 6 MONEY 2 Attorneys at Law .4 14895 East 14th Street, Suite 200 3 San Leandro, CA 94S78 4 Telephone: , .(415) 352-0730 RECEIVED 5 Attorneys for Claimant NOY S 1984 GLEN A. RODRIGUEZ 6 nm Mtt:Mlot 't[10moor Al►f t"Son coN os1�c o 8 . 9 - 10 In the Matter of the Claim of 11 GLEAN A. RODRIGUEZ FIRST AMENDED CLAIM AGAINST PUBLIC ENTITY 12 VS. 13 THE COUNTY OF CONTRA COSTA 14 15 GLEN A: RODRIGUEZ 'heeeby makes the following Fi=st 16 Amended Claim against the County of Contra Costa for damages , for 17 personal injury by amending Paragraph 3 of his. original Claim filec 18 October 31, 1984 so that the entire claim shall read as follows : 19 1. Claimant's post office 'address is 1824 Magnolia Slay, 20 walnut Creek, California. 21 2. Notices c;once.rnina the claim should. be sent to 22 WILLIAM H. AHERN. Attorney at Law, 14895 East 14th Street, Suite 23 200, San Leandro, California 94578. 24 3. The date 'and place 'of the occurrence giving rise to 25 the claim are on or about August 7, 1984 on or about the 1800 bloc) 26 of Newell Avenue near its intersection with Magnolia tray in the 27 County of Contra Costa. u...11ittt is un rte.of M1, . Met at -1- tt11a1111,t.stat edit, 11,1..,11. ��41,� EXHtBtT '_.1 4 . ? .:e circumstancesgiving r 3 to this claim are as 2 follows : At the above time and place, claimant was walking on sai 3 street which was in a dangerous condition due to the existence of 4 a hole, and, due -to the dangerous condition, claimant tripped and 5 fell in said hole, * causing claimant serious injuries . 6 S. Claimant's injuries are torn ligaments in his right 7 leg. 8 6. The names of the public employees causing the claims 9 injuries are unknown. ' 10 7. My claim as of the date of this claim is $33,807.22. 8. The basis of computation of the above claim is as 12 follows : 13 Medical Expenses Incurred 14 to Date ' $ 3,957.22 15 Lost Wages Incurred to Date ' 4 ,550.00 16 Estimated Future Medical 17 Expenses 300.00 18 General Damages 25,000.00 19 TOTAL $33, 807.22 20 21 DATED: November 7, 1984 . 22 AHERN b MOONEY 23 24 By W1 LIMI H. E Attorney —` 25 for Claimant 26 27 • t AN[RNlr MOONCY .2- rr CLAIM U DOM OF OF CON'T'RA COSTA COUNT''.;'i%t,,IFORNIA ' BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT December 18, 191 governed by the Board of Supervisors, ) The copy oft s ocument led to you is your Routing Endorsements, and Board ) notice- of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note, all "Warnings". Claimant: Glen A. Rodriquez . County Counsel Attorney: William H. Ahern Ahern 6 Mooney Nov U 9 1984 Address: 14895 E. Fourteenth St., Suite 200 San Leandr. , CA 94578 Martinez, CA 94553 Amount: $33,807.22 By delivery to clerk on Date Received: November 8, 1984 By mail, postmarked on November 7, 1984 FROM: ClerW'of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. 1. Dated: November 8, 1984 PHIL BATCHELOR, Clerk, By Deputy Jolene Edwards I. FROM: County Counsel T0: Clerk of the Board of Supervisors (Check only one) This cl�ccmmplies substantially With Sections 910 and 910.2, ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot .act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 1_5 _r:�/ By: ' S '"r.<; Deputy County Counsel J III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present Oq This claim is rejected in full. ( ) Other: I certify tha tis a true and correct copy of the Board's Order entered in its minutes for e. Dat d: ,LEi�. 1,f BATCHELOR, Clerk, By �,� , Deputy Clerk WARNING (Gov. Code Section 913) Subject to eertal" ptions, you have only six (6)-months from the date of this notice was_personallyff-er or •cited in the mail to file a court action on this claim. See Government•Code sectx�... y45.6. /I Ja rvulzr T' Y 1 VERIFICATION 2 3 I , GLEN A. RODRIGUEZ, declare: 4 I am the plaintiff in the above-entitled action. I have 5 read the foregoing First Amended Complaint for Damages for Personal 6 Injury and know the contents thereof. The same is true of my own 7 knowledge , except as to those matters which are therein stated on 8 information and belief, and, as to those matters , I believe it to be 9 true. 10 I declare under penalty of perjury that the foregoing is 11 true and correct and that this Verification was executed on 12 August 1 , 1985, at San Leandro . Alameda 13 County, California. 14 15 � L N A. RODRIGUEZ 16 17 18 19 20 21 22 23 24 25 26 27 LAS 41"MS .were eee S I, AMENDED CLAIM BOARD OF. SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 16 , 1#986 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice o California Government Codes. ) the action taken on your claim by the Board of Supervi ors (Paragraph IV below), given pursuant to GoveggApt66 o u n sel Amount: $150 . 00 Section 913 and 915.4. Please not all "WARNINGS". NOV 2 1' 1986 CLAIMANT: RONALD LEE PEDRO Martinez, CA 94553 250 W Jackson #2 ATTORNEY: Hayward, CA 94544 Date received ADDRESS: BY DELIVERY TO CLERK ON November 18 . 1986 BY MAIL POSTMARKED: November 17 . 1986 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL BATCHELOR, Clerk DATED: November 20 , 1986 Ed: Deputy c� ztG L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (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. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: y County Counsel 61 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present 45 P7e_WvA,p ( ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: DEC 16 1986 PHIL BATCHELOR, Clerk, By l/1 ��Tl , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the :date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in Connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. .�/ Dated: DEC 17 1986 BY: PHIL BATCHELOR by Neeputy Clerk CC: County Counsel County Administrator Cq'1tl"d The Board of Supervisors PM SetthWwCWk of Do saw County Administration Building C .)ga Cow") P.O. 911 ^ Martinez, California 94553 �J�J Tom•ewe.tat Dowse, W,ey C ureal Inc Dotnct mew 1 se/--ON Dotnel wnM trrpnl YJYt.hh DM1nC1 T�,,,TrM1eL�en.5m Drpnp 10: Ronald Lee Pedro 250 W. Jackson #2 Hayward, CA 94544 RECEIVED 11MCM TO C AT>•D+,PTT tateFulR ) 7 1io v/e1986 (Government Oode Section 911..71) CLERK A HIL C H RVI 01 claim you presented to the Board of Supe r .. Contra Oasts County, California, as governing body of the X Ommty of Contra Costa and/or District, on October 24, 1986 is being returned to you herewith becase—Tt vas iZt_p_r_es_e_nTR7wTthin 100 days after the event or occurrence as required by law. (See Sections 901 and 911.2 of the Government Oode.) Because the claim was not presented within the time allowed by law, no action was taken an the claim. Your only recourse at this time is to apply without delay to the Board of Supervisors (in its capacity noted above) for leave to present a late claim. (See Sections 911.4 to 912.2, Inclusive,, and Section 946.6 of the Golvernment Code.) Under some circrostances# leave to present a late claim will be granted. (See Section 911.6 of the Goverrimmt Code.) You any seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attor- ney, you should do so immediately. 20 W FlUED IN BY 7W CUM OF DOM ONLY IF APPLIC RM: ( ) Biwe a portion of your claim is not untimely, we are retaining a copy of your claim for board action on that portion of your claim which is not untimely. Phil Batchelor,Cierk of the Board of Supervims andCounty AdnwriWa%r BY: /'l Deputy clerk Date: November- 3 , 1986 CLAIM Td: BOARD OF SUPERVISORS OF CONTRA COS MtuOftQ9RJXafapplication to: Instructions to Claimant .Clerk of the Board P.O.Box 911 Martin@z,California 94533 A. Claims relating to causes of action for death or tor 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 , 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 his form. ' RE: Claim by ) Reserve stamps �h a, c+ ePe d h° RECEIVED ) Against the COUNTY OF CONTRA COSTA) CTC• 46 OL K P AT LOR or M T. J)j a, bA& M u h Lc �a/DISTRICT) UPE Rs (Fill in name) V ) By •••• • . •• � The undersigned claimant hereby makes claim against the County of, Contra . Costa or the above-named District in the sum of $ / ,5'D 0Z) and in support of this claim represents as follows: ----------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) Le 2. Where did the damage injury occur? (Include city_and county) -------- (t4o�Gsa- ---- � - ---` ------- 3. How did the damage or injury occur? full detai s, use extra sheets if�required)a'hP�OL) - d"eaT,e.0 fa-� n � -QM - CC a. auk _ �� Qe.Q�� r�s�X oQ�_ t�..v� _cQaw,K• 4. What particular &W` r omission on the part .of county or ldistrict officers , servants or employees caused the injury or damage? (over) S • i !p � 5. What are the names of county or district officers, servants or ,. employees causing the damage or injury? ; 6. What damage or injuries do yod claim resulted? ( 4CWIV fterlt of injuries or damages claimed. Attach two estimates for auto damage) 7. How was tm amount claimed above computed?-- (Inc.Lulae the estimated amount of any prospective injury or damage. ) 8. Names and addresses of witnesses, doctors and hospital. -- ---------'-0-`----T -�-� ------------------------------------------------- 9.--Ust -the-&kpenditurds you made on account of this accident or injury: DATE 4 __' j ; ITEM AMOUNT Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: . (Attorney) or by some person on his�behhallf. " Name and Address of Attorney TL/'"'' Claiman ' s Si nature Addres Telephone No. Telephone No. NOTICE Section 72 of the Penal Code provides: _'Every person who, with intent .to defraud, presents for allowance or for payment to any' state board or officer, or to any ' county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim., bill, account , voucher, or writing, is guilty of- a felony. " w .v 4 if T F t `4i• �^ 3 O � All co + , QO 0o N a �• 0 s �,�.' .r •o r N x� N � p dp (� �s O OL co- N m I N• yr p e yy„ •..V. .. ,1111LLCC"�wwww\\iiii� T . A W 's ' m 0 A DCA 0 m D r" A 2 Q 2 zCD A -•r to to r pyo <I ;PIC z CD ca MN r Ml Erj co "f, .Z ty�Ll IM lz 14 tv yr 4 Ytt0. e�' YaJ� MIO .. v Y, ry � 1 1 y C + 3 3 N 1 m T 3 O't fD m m s o Z +fiy1.. K F N j fD m C 1�• m +'�. v 0 � � O OT O X 1 MYl r • 4_ r } 111 �• . � -r IA O N ' M m ti t' .)—A .Z 1. O _ r y e �5�4• G m m m (1 (_l (l Z - � � ti Q � Z `d, m .. r m Q Q 2 D U Fti�r+1 1r L ol D v+ -i �*+ p r .,.. C9 Yr Ol co a Q�\ t" n 2 m r D cn 2 D - �... ' ��a aa `t r" N O - x O Z O m c • / M CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 16 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $50, 000. 00 Section 913 and 915.4. Please not all "WARNLLN b,OUnse( COUnt'� CLAIMANT: SUSAN COPPA ��pV 1 S 1986 c/o Michael. Tucevich ATTORNEY: Attorney At: Law CA g4553 2400 Sycamore Drive Date received Martinez, ADDRESS: Suite 40 BY DELIVERY TO CLERK ON November 14, 1996 hand del . Antioch, CA 94509 BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpFHI 9g DATED: November 17, 1956 BYIL DeputyLOR, Clerk L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (�) This claim compl 'essubstantially with Sections 910 and 910.2 ,OL 7 AILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimanY. The Board cannot act for 15 days (Section 910.8).. Claim is not timely file4 The CTefk should retf1n claim on ground that it wa filed lat 94an s n warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: /U4 u��g� /�f��i BY: r Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) (Y) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. (X ) Other: Portion of original claim not previously returned as untimely is 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: D E C 16 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that 1 am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. DEC 171986 � / Dated: BY: PHIL BATCHELOR by //-t v Deputy Clerk CC: County Counsel County Administrator 1 1 MICHAEL TUCEVICH, Esq . 2400 Sycamore Drive , Suite 40 2 Antioch., CA 94509 Telephone : (414)439-8381 3 Attorney for Claimant 4 CLAIM AGAINST THE COUNTY OF CONTRA COSTA 5 6 TO: Clerk , Board of Supervisors County of Contra Costa 7 County Administration Bldg Martinez , CA 94553 8 CLAIMANT'S NAME: Susan Coppa 1 C 9 CLAIMANT' S ADDRESS : 857 Litwin Drive t! 10 _ Concordl,?; }A 9418 6 AMOUNT OF CLAIM: $50,000 ADDRESS TO NOTICES ARE 12 TO BE SENT: MICHAEL TUCEVICH ' 13 Attorney at Law 2400 Sycamore Drive , Suite 40 14 Antioch , CA 94509 DATE OF OCCURANCE : July 17 through the present —'.n.,, 15 ' 16 PLACE OF OCCURANCE: Concord , California 17 MANNER IN WHICH CLAIM AROSE : 18 Claimant was present at a home birth of a Concord couple . The 19 mother, Rosetta Jackson, had previously gone to Kaiser Hospital for 20 a prenatal examination and informed her .Kaiser physican that she 21 was to have a home birth (this being her third child and the previous 22 two having been delivered''.: at home) . Mrs . Jackson experienced a 23 difficult delivery , the baby being eleven pounds and the shoulders 24 unable to clear the birth canal . In the midst of an emergency 25 situation, claimant was able to extricate the baby. The baby 26 emerged, not breathing, claimant called for immediate medical 27 assistance and proceeded to revive the baby via CPR to the extent 28 the baby was breathing normally upon the arrival of the paramedics . -1- 1 The parents declined to have the baby transported to a hospital , 2 signed. .a medical release to that effect , and the paramedics left 3 labeling the non-transport a "dry run'" 4 Three days thereafter the baby was taken to Kaiser Hospital , 5 and three weeks thereafter the baby died in Kaiser ' s care . Kaiser 6 doctors misdiagnosed the cause of death as due to brain damage 7 resulting from oxygen deprivation at birth . They declined to sign 8 the death certificate and notified police authorities that the mid if( 9 in attendance was responsible for the baby ' s death . 10 The coroner ' s office , in an effort to determine the cause of 11 death to the infant , sought the expertise of a neuropathologist 12 who determined the cause of death to be NOT related to the birth 13 or to any action whatsoever on the part of claimant . Specifically , 14 the neuropathologist , Dr . Janice Borcich , attributed the cause of 15 death to congenital birth defects to wit: Leigh ' s disease , Kidney 16 failure , and liver disease . The expert further concluded the baby woul 17 have died no matter where the delivery took place and found absolutely 18 no fault with claimant ' s actions . She so advised the respective 19 police authorities and the District Attorney ' s office of her findings , 20 dated May 14, 1986 . 21 Despite conclusive medical evidence to the contrary, the district 22 attorney' s office filed criminal charges against the claimant 23 alleging her to be responsible for the death of the baby. On July 24 14 , 1986 the SF Chronicle qoute ' s Deputy DA Robert Law as follows , 25 "I think we 've got a woman who caused the death of a child , . in part 26 by incompentence and in part by covering her own tracks . " This 27 statement was false when made and known to be false by the DA' s 28 office . -2- 1 Officials from the DA' s office continued to press claimant for 2 a plea .of guilty to the allegation alluding to the baby 's death. 3 Said charge has since been dismissed against the claimant ' . 4 following an evidentiary hearing at which claimant was obligated t 5 prove her innocence . Up until that hearing the DA' s office consistent' 6 maintained that claimant was responsible for the baby' s death and 7 so represented to the various courts and news media. At the hearing 8 the Judge , Walter Rodgers , inquired from the bench of the DA wheter 9 any evidence existed to support the allegation against claimant . Th 10 Deputy DA, Jose Marin, replied , "the matter is still under investig t- 11 ion. " it was not until the following court appearance that the DA' s 12 office reversed themselves and proclaimed for the first time that 13 the death allegation was a "clerical error ." That pronouncement was 14 also false and known to be false inasmuch as the claimant through h r 15 previous attorney had attempted to enter a plea of guilty to a lessBr 16 charge of practicing midwifery without a license . Claimant ' s offer 17 was spurned and the DA' s office sought a jail sentence for the 18 claimant . 19 As a direct and proximate result of the DA' s office ' s false 20 statements and malicious prosecution of this matter , claimant has 21 suffered great anxiety, .financial hardship, emotional trauma to her 22 family, and had her good name and reputation besmirched. She desire 23 to be made whole . 24 25Dated : November 14 , 1986 26 SUSAN JANE COPPA, Claimant 27 28 -3- APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT December 16 , 1936 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to ) the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: ANITA MARIE SOUSA County Counsel c/o Steven Kazan, Esq. Attorney: Steven Kazan, A Law Corporation NOV 18 1986 171 12th Street , Ste . 300 Address: Oakland, CA 94607 Martinez, CA 94553 Amount: $1, 000, 000. 00 By delivery to Clerk on November 10 , 1986 Date Received: November 10, 1986 By mail, postmarked on November 6 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted ApplicationW. Fleate Claim.DATED: Nov. 13 , 1986 PHIL BATCHELOR, Clerk, By t Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). ( ) The Board should deny this Application to File Late Claim (Section 911.6). DATED: /j8h7 ICTOR WESTMAN, County Counsel, Deputy III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (x) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: D E C 16 1986 PHIL BATCHELOR, Clerk, By YDeputy WARNING (Gov. Code 5911.8) If you wish to Pile a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court Within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County A nis ra or Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof. has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: DEC 171986 PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors RBceived copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By. APPLICATION TO FILE LATE CLAIM 1 Steven -Kazan, Esq. 2 STEVEN KAZAN, A Law Corporation 171 Twelfth Street, Suite 300 3 Oakland, California 94607 ss�� 4 Telephone: (415) 465-7728 ` Attorney for Claimant SOV YD 5 � NE`pA spAg �� P 9� ,Pv'-• 6 p0 er ' 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 11 In the Matter of the Proposed Claim ) No. 12 of ANITA MARIE SOUSA ) APPLICATION FOR LEAVE 13 Against COUNTY OF CONTRA COSTA and ) TO PRESENT A LATE CLAIM MERRITHEW MEMORIAL HOSPITAL. ) .. .ON BEHALF .OF CLAIMANT 14 15 TO: Board of Supervisors is COUNTY OF CONTRA COSTA 651 Pine Street Martinez, California 94553 17 18 Frank Pugleisi, Jr . Executive Director MERRITHEW MEMORIAL HOSPITAL _ 19 2500 Alhambra Avenue Martinez, California 94553 20 21 1. Application is hereby made for leave to permit a late 22 claim under Government Code Section 911.4. The claim is founded 23 on a cause of action for damages sustained by ANITA MARIE SOUSA 24 on February 18, 1985 through August 1985 and for which a claim 25 was not presented within the 100 day period. provided by 26 - Government Code section 911.2. For additional circumstances STEVEN KAZAN 53461 A LAW CORPORATION 171 TWELFTH STREET SUITE 300 OAKLAND,CALIF.94607 (4151465-7728 141515937211 _ t relating to. the cause of action, reference is made to the 2 proposed claims attached to and incorporated as a part of this 3 application, as Exhibits A and B. These claims were rejected, a giving rise to this application for leave to present late 5 claim. (See Exhibits C and D. ) 6 2 . The failure to present this claim within the 100 day 7 period specified by Section 911. 2 of the Government Code was 8 through mistake, surprise, inadvertence, and excusable neglect, 9 and COUNTY OF CONTRA COSTA and MERRITHEW MEMORIAL HOSPITAL were 10 not prejudiced by this failure, all as more particularly shown by 11 the attached declaration of Steven Kazan. 12 WHEREFORE, it is respectfully requested that this 13 application be granted and that the attached proposed claim be 14 received and acted upon. 15 DATED: November 3, 1986. 16 STEVEN KAZAN 17 A Law Corporation 18 1 s By: •-L. STEVEN KAZAN--.) 20 Attorney for Claimant 21 22 23 DECLARATION OF STEVEN KAZAN IN SUPPORT OF 24 APPLICATION TO PRESENT A LATE CLAIM 25 I, STEVEN KAZAN, declare under penalty of perjury that the 26 following is true and correct: STEVEN KAZAN 53461 2. A LAW CORPORATION 171 TWELFTH STREET SUITE 300 OAKLAND,CALIF.94607 14151 4657728 t4151893-7211 = I 'am an attorney licensed to practice in the State of 2 California and am the attorney for claimant in this action. I 3 have been retained to prosecute an action for the damages 4 sustained by claimant on account of her medical care and 5 treatment commencing on or about February 18, 1985 and continuing 6 until on or about August, 1985. 7 On February 18, 1985, claimant suffered a fractured leg. 8 Claimant thereafter presented to defendant MERRITHEW MEMORIAL 9 HOSPITAL for medical treatment. Defendant MERRITHEW MEMORIAL 10 HOSPITAL was negligence in the insertion of a Steinman pin and 11 other hardware into plaintiff ' s leg, by failing to provide proper 12 follow-up to prevent the onset of infection in the leg, and by 13 delaying her referral to a specialist in.:.microsurgery for three 14 months after the onset of infection. 15 In August 1985, defendant MERRITHEW MEMORIAL HOSPITAL sent 16 claimant to Ralph K. Davies Hospital for treatment by 17 specialists. In July 1986, claimant was referred by Ralph K. 18 Davies to Dr . Mower at U.C. Medical Center for evaluation of the 19 persisting infection in her leg. Dr. Mower advised claimant that ?0. she had a bone infection and that in all likelihood .the damage to 21 her .leg would be permanent. 22 While under the treatment of defendant MERRITHEW MEMORIAL 23 HOSPITAL, plaintiff reasonably believed that defendant was using 24 proper care. 25 26 STEVEN KAZAN 53461 3�. A LAW CORPORATION 171TWELFTHSTREET SUITE 300 OAKLAND.CALIF.94607 - - 14151465-7728 141518937211 ' It was not until- she learned that the damages from the bone 2 infection would be permanent that plaintiff began to suspect 3 defendant ' s negligence. 4 With this information in hand, claimant first contacted an 5 attorney in September 1986, after her evaluation with Dr . Mower, 6 long after the 100 day claim period had expired, and at that time 7 was first advised of the claim statute procedure required by 8 California law. On September 11, 1986, a claim against 9 defendants herein was presented which was well within the 100 10 days from the date plaintiff discovered the negligent acts and 11 within the time allowed under California Code of Civil Procedure 12 §340 . 5 in which to bring an action against a health care 13 provider. 14 It is respectfully requested that the application on behalf 15 of the claimant be granted in the interest of justice. 16 I declare under penalty of perjury that the foregoing is 17 true and correct . Executed this 3rd day of November, 1986, at t8 Oakland, California. 19 20 6 21 AN VEN KAZ 22 23 24 25 26 STEVEN KAZAN 53461 4. A LAW CORPORATION 171 TWELFTH STREET SUITE 300 OAKLAND.CALIF.94607 141514657728 141518937211 1 • I � II ' li 1 i PROOF OF SERVICE BY MAIL - CCP 1013a, 2015. 5 2 ;I 3 I declare that: 4 Iam employed in the County of Alameda, State of I ! 5 ! I California, I ' am over the age of 18 years and not a party to 6 this action. . My business address is 171 12th Street, Suite 300, 7 !� Oakland, California 94607 . On November 6, 1986 I served the 8 II following document (s) : APPLICATION FOR LEAVE TO PRESENT A LATE 9 ! CLAIM. ON BEHALF OF CLAIMANT 10 I on the parties in said cause, by placing a true copy thereof in al I 11 i! sealed envelope with postage fully prepaid thereon, in the United ! 12 1 States mail at Oakland, California, addressed as follows: . 13 i Board of Supervisors 1 14 COUNTY OF CONTRA COSTA 651 Pine Street 15 Martinez, California 94553 16 Frank Pugleisi, Jr. Executive Administrator 17 MERRITHEW MEMORIAL HOSPITAL ! 2500 Alhambra Avenue 18 i Martinez, California 94553 19 20 21 I declare under penalty of perjury that the foregoing is 22 true and correct. 23 DATED: 11/6/86 24 25 26 Karen Rosenberg Administrative Assistant STEVEN KAZAN A LAW CORPORATION I ! 171 TWELFTH STREET SUITE 300 )AKLAND,CALIF.94007 NISI4G677TD II 015103-M EXHIBIT "A" MICHAEL JACOBOWITZ ATTORNEY AT LAW 1440 BROADWAY• SUITE 700 OAKLAND,CALIFORNIA 94612 (415)465$060 c 1� September 11, 1986 Contra Costa County Hospital 2500 Alhambra Avenue Martinez, California 94553 Sod Re: Anita Sousa *�r Anita Sousa hereby file a claim against the Contra Costa County Hospital for injuries sustained as follows: 1. Claimant is Anita Sousa, 2460 Rumrill Blvd. , San Pablo, California 94806 . 2 . Notices are to be sent to Michael Jacobowitz , 1440 Broadway, Suite 700 , Oakland, California 94612. 3 . Injuries were sustained by claimant when she was negligently treated for her broken leg. Said treatment com- menced February 18 , 1985. At that time, pins were negligently set in her leg, the hospital failed to take timely x-rays for ef- fective treatment , the hospital failed to refer her to a specialist in micro surgery, the hospital allowed infection to take hold and persist in her leg and negligently treated such ,. the hospital failed to and continues to fail to provide ap- propriate physical therapy, and the hospital failed to allow her access to her medical records. Claimant only became aware of the negligence of the hospital in July 1986. 4. Claimant suffers from loss of use of her leg, diminished earning capacity, medical bills, physical and psychological trauma and other injury yet undiscovered. 5. The claim anticipated is in a sum exceeding $11000,000 for the injuries sustained. Respectfully, Michael Jacobowitz EXHIBIT "B" CLAIM AGAINST .THE COUNTY OF CONTRA COSTA AND MERRITHEW MEMORIAL HOSPITAL TO: Board of Supervision County of Contra Costa 651 Pine Street Martinez, California 94553 Administrator Merrithew Memorial Hospital 2500 Alhambra Avenue Martinez, California 94553 CLAIMANT'S NAME: Anita Marie Sousa, a.k.a. Anita Marie Floyd, Anita Marie Green CLAIMANT'S ADDRESS: 2460 Rumrill Road San Pablo, California 94806 CLAIMANT'S TELEPHONE: (415) 236-9364 AMOUNT OF CLAIM: $1,000,000.00 ADDRESS TO .WHICH NOTICES Steven Kazan, A Law Corporation, ARE TO BE SENT: 171 Twelfth Street, Suite 300, Oakland, California 94607 DATE OF OCCURRENCE: PLACE OF OCCURRENCE: Merrithew Memorial Hospital 2500 Alhambra Avenue Martinez, California 94553 HOW DID ACCIDENT OCCUR: Injuries were sustained by claimant when she was negligently treated for her broken leg. Said treatment commenced February 18, 1985. At that time, pins were negligently set in her leg, the hospital failed to take timely CEI BD x-rays for effective treatment, the hospital failed to refer her to a specialist in micro surgery, the hospital allowed infection to ci K ° e T ELO take hold and persist in her leg r oSP and negligently treated such, the hospital failed to and continues to fail to provide appropriate 21097 1. physical therapy, and the hospital failed to allow her access to her medical records. Claimant only _ became aware of the negligence of the hospital in July 1986. ITEMIZATION OF CLAIM: Claimant suffers medical and hospital expenses, pain and suffering, loss of the use of her leg, loss of wages, emotional distress, and other damages the extent of which is presently unknown. Amount of said itemization: $1, 000,000 .00. DATED: October 11 1986 By: ��'_ STEVEN KAZAN Attorney for Claimant 21097 2. 1 - PROOF OF SERVICE BY MAIL - CCP 1013a, 2015.5 2 3 I declare that: 4 I am employed in the County of Alameda, State of 5 California. I am over the age of 18 g years and not a party to 6 this action. My business address is 171 12th Street, Suite 300, 7 Oakland, California 94607. On October 1 , 1986 I served the 8 following document (s) : CLAIM AGAINST THE COUNTY OF CONTRA 9 COSTA AND MERRITHEW MEMORIAL HOSPITAL 10 on the parties in said cause, by placing a true copy thereof in a 11 sealed envelope with postage fully prepaid thereon, in the United 12 States mail at Oakland, California, addressed as follows: 13 Board of Supervisors 14 County of Contra Costa 651 Pine Street 15 Martinez, CA 94553 16 Administrator Merrithew Memorial Hospital 17 2.500 Alhambra Ave. Martinez, CA 94553 18 19 20 21 I declare under penalty of perjury . that the foregoing is 22 true and correct. 23 DATED: if 24 25 26 / STEVEN KAZAN A LAW CORPORATION 171 TWELFTH STREET SURE 700 OAKLAND,CALIF.SHOT q15)465-7776 EXHIBIT "C" �• rhe Board of supervisors C011tfd go owd w ' :cumin AOmudatration BulkCostaing m�•wnr.v 1.0.Bolt 911 Couly Aatdner,CAMOMIS 94669 •.,.•.w•. We w,t foam tie Doha y,w I Mw"p.*o Dona h. •,r,WNK M D•ua . tow Trwr.h Dime+ Tcs Anita Sousa c/o Michael Jacobowitz 1440 Broadway, Suite 700 Oakland, CA 94612 itMCE TO CLADOM �te�fle'�cTa7ro) (Government Dada Section 911.1) The claim(}4 Contra costa ()minty,Presented 1 i ornia poly Of as governing o2 the X Canty of Contra c �. ostassd/on Mstriet, cin September 18 1986 is being returned to you berewith beciuirifwasnot ps�es=Mthin 100 days rri.Et CS.a event occurrence as required by 1w. (Bee Sections 901 and 911.2 of the Wnravie t code.) Because the claim was rot preaantad within the time allowed by low, ne action was taken on the Claim. Tess only reoaaae at this time is to apply without delay . to the Boerd of Supervisors (in its capacity toted above) for leave to present a late claim. (See Sections 911.6 to 912.20 inclusive, and Section 966.6 of the Goverment Code.) Cider some circuostaroes, leave to present a late claim will be granted. (See Section 911.6 of the OwUment Code.) You Bay Seek the advice of an attorney of yea doice in connection with this Batter. If you desire to consult an attoc— rAy, you should do 20 i►Aediately. 40 a F== Is W 21M MAW or MM lam a= IF ABi JOUCZh ( ) Since a portion cE yea claim Is not mtinely, we are retaining a copy of Your claim for Board action on that portion of your Clara which is not hnti.aly. phi Balctiew,Clerk of the%aid of yhprvisan end CCousq AdmiaisUatu Sys N Kwf e�i Deputy er Datet_Sentember 29. 1986 EXHIBIT "C" e+e srd.d. rhe Board of Supervisors ' 01M OM•M@Md dow �a;OUMy AOminbvNion Bulbing o•wq m�s..r.v 1.0.Bo=Oil COAy Amines.Califamh 94883 ..e...w.so 00 - wT a rr.>~arua . WWI e,wrw.s•mwna fM TMMM�.fm m'w"n Sp= Anita Sousa c/o Michael Jacobowitz 1440 Broadway, Suite 700 Oakland, CA 94612 "Wlcc 70 C[AII9W its-File�cTaTm> (Government Code Section 911.7) (70 'fie claim you Resented to the board of Supervisxs of Contra Oosts Canty, California, an governing body of the Casity of Contra Costa and/or Mstrlet, an September 18 1986 Is being returned to you herewith beuuie_ltwas not pr—`esenrWthin 100 days wr%*r C-0 Oven: co=renos as required by lay. (see sections 901 and 911.2 of the Goverment Cbde.) Because the claim was not presented within the time allowed by lav, nc action was taken on the Claim. . Yea only recourse at this time is to apply without delay to the Hoard of Supervisors (in its rapacity noted above) for leave to present a late claim. (bee sections 911.4 to 912.2, inclusive, and Section 946.6 of the Government Code.) Under some circumstances, leave to present a late claim will be granted.- (See section 911.6 of the Government Cdr.) You may seek the advice of an attorney of your dolor In connection with this natter. If you desire to consult an attoc- my, you should do so IVAWdiataly. to Is 9ZZ= In iia YM CUCRK or "M ROAM Clear IF AMJCR=: ( ) #inns a portion CE yea Clain is not nntinalyt we are retaining a copy of your claim for Boars action an that portion ed your claim whish is not natively. M«t Bam:mew•CIM of Ow Baro of supe:vim 81101 Camps Adnrmwaou By: Dquty Mark . Date: September 19 1986 _ essay EXHIBIT "D" PON The Board of Supervisors C^p,�f,�1t1"d t ' oor County Administration Building t.Iosta Ms Bo=stn Ma ,r,h, nine:,CaliforniaCaliforniaW le 557 a ■� T..www.W ow c .e•#,c rww&W Dome+ .eMw @~W.at Demo+ .tn .swr«.o#,.., TM.TMMe/6 e+.Orme RETE TO: Anita Marie Sousa aka Anita Marie Floyd, Anita Marie Green C/o Steven Kazan A Law Corporation 171 Twelfth St. , Suite 300 Oakland, CA 94607 WMCE 70 C3AIMWr Late-�le�io) (Lova mant Code Section 911.2) a) The claim you presented to the Dowd of supervisors of Oontra Costa County, California# as governing body of the X C maty of Oontra Cleats away District# an October L 198 is being returned to you Aarewith because t vas not pre�thin 100 days after the event er occurrence as required by law. (See Sections 901 srd 911.2 of the Government Code.) Because the claim was not pcssented within the time chewed by law, no action was taken on the claim. Your only recourse at this time is to apply without delay to the Board of Supervisors (in its capacity noted above) for leave to present a late claim. (See Sections 911.4 to 912.2# Inclusive, and Section 946.6 of the Govermwt Code.) bider same circumstanoell# leave to present a late claim will be granted. (See Section 911.6 of the Goverment acde.) You may seek the advice of an attorney of your choice in connection with this matter. if you desire to consult an attor— ney, you should do so immediately. 20 Be ream IN By 12M CIM ar TO BWD OW a ArviaCNKEs ( ) since a portion of yea claim is rot untimely# we are retaining a copy of your claim for Dowd action on that portion of your claim which is rot untimely. phi Batchelor,Clerk of the Bund of Supmvisws end County Mmisioata by: Deputy Clerk Dater October •10, 1936 EXHIBIT "D" PM wrw . The Board of Supervisors ��ptl�trd or. / • County Administration Building costa me Boa 011 MsC0 ' nine=.GVlitonfla e46S� �./N��a ar TM rw.s.M Do to."C form M DOM, soon l•{lY•rll.sH D•hV ``11GG 6�..1 l rr ri.a o•vo ,tl60 OCj 1 4\ � r..r.wr.rlll Donlan REAR 10: Anita Marie Sousa aka Anita Marie Floyd, Anita Marie Green c/o Steven Kazan A Law Corporation 171 Twelfth St. , Suite 300 Oakland, CA 94607 WTICE 90 CL%D91Nf Late-HlW—rJ—AR) (Government Code section 931.2) ([) The claim you pcesented to the Board of Bupervism of Contra Costa County. California. as governing body of the X ammty of Contra Costa and/or District. an October L1936 is being returned to you barwdth becauee�t wes not present—e�vrthin 100 days after the event or comzrence as required by law. (See Sections 901 and 911.2 of the Government Code.) Because the claim was rot p[esented within the time allowed by law, no action was taken an the Claim. Tour only reci=se at this time is to apply withoct delay to the Board of Supervisors (in its capacity noted above) for leave to present a late claim. (See Sections 911.4 to 912.2, inclusive, and Section 946.6 of the Government Code.) Oda acme eiramstances, leave to present a late claim will be granted. (See section 911.6 of the Government Code.) You my seek the advice of an attorney of yam choice in caruheetion with this matter. If you desire to consult an attor- ney, you should do oro Immediately. so W rn= IN BY ISE sonic C: MM 9MV1D Ciais IF JIPPJCNKZr ( ) Binoe a portion of yam claim is not tantimelyr we are retaining a copy of your claim for Board action an that portion of your claim which is rot untimely. Ihi NOW.Clerk of the Bard of yrperr osandlCo/naryWisiWaltu Byr ✓ i Deputy Clerk Dater October •10. 1936 CLAIM L�u„iJ LSU sel BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA DEC 05 1986 Claim Against the County, or District governed by) BOARS AI*01JZ C�4 the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 16rC, 9865"3 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $250, 000- 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: DYAN BAILEY, A MINOR, BY AND THROUGH HER PARENT AND GUARDIAN, BEVERLY BAILEY ATTORNEY: Law Office of D. G. Jason Davis 405 14th St. , #1500 Date received ADDRESS: Oakland, CA 94612 BY DELIVERY TO CLERK ON December 2 , 1986 granted BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: BY December 4, 1986 ppHIL BATCHELOR, Clerk : Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors 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. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: /lam ,�O u County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (X) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. QFC 161986 Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimantasshown above. Dated: DEC 2 2 1986 BY: PHIL BATCHELOR by N6M I"Ipeputy Clerk CC: County Counsel County Administrator 1 Law Office of D.G. Jason Davis r � v 405 - 14th Street, Suite 1500 ✓/��,� 2 Oakland, CA 94612 3 (415) 832-7000 Attorneys for Plaintiff (s) 'T EVolk Ovs " 5 C` o 6 . ..... BY " 7 $ Before the County of Contra Costa 9 10 In re the matter of Dyan Bailey, a minor, CLAIM FOR by and through her parent and guardian, DAMAGES 11 Beverly Bailey; (Government Code 911.4) 12 / 13 The undersigned declares as follows: 14 1. I am the attorney for Dyan Bailey, a minor, having been 15 retained on her behalf by her natural mother, Beverly Bailey, 16 to represent her interests in regard to a claim for damages for 17 injuries sustained on or about October 31, 1985. 18 2. Dyan Bailey is a minor, born December 14, 1968, and at all 19 times herein relevant is and has been a minor. 20 3. On or about October 31, 1985, Dyan Bailey was injured while 21 she was a passenger in a certain Dodge van owned by the Western 22 Contra Costa County Transit Authority, operated under contract 23 to the Authority by a certain Community Transit Services, Inc. , 24 a corporation, and being driven by an employee of Community 25 Transit Services, Inc. , a certain David Gralish. 26 4. The accident occurred when claimant was on her way to her 27 seat after having immediately prior to the accident paid her 28 fare to the driver. The driver started up too hastily, without 1 1 due caution for claimant 's safety, as required of the driver 2 both by the heightened standard of care due to the driver 's 3 status as an operator of a common carrier for hire and also by 4 the ordinary standard of care required of drivers in general. 5 5. Plaintiff fell in the van as a result of the negligence 6 of the driver, as outlined above, and sustained injuries to her 7 right knee, among other things. Medical documentation is 8 attached hereto and incorporated herein by reference. 9 6. The claimant herein requests that the Authority act on 10 the instant matter at its earliest opportunity, and claimant 11 should be granted the sum of two hundred fifty thousand dollars 12 ($250,000.00) for general damages and an amount unascertained 13 in full for medical and other special damages according to 14 proof. 15 I declare under penalty of perjury according to the law 16 of the State of California, that the foregoing is true and 17 that this document was executed on October 23, 1986, at 18 Oakland, California. 19 LAW OFFICE OF D.G. JASON DAVIS 20 21 22 23 CERTIFICATE OF PERSONAL SERVICE 24 The undersigned, at Oakland, California, certifies to be 25 true, under penalty of perjury.:. 26 27 That she is a citizen of the United States, is employed in Alameda County, California, is over the age of eighteen 28 years and is not a party to the within action or proceeding. 2 1 That her business address is 405 14th Street, Suite 1510, 2 3 Oakland, California; telephone number being (415) 832-7000. 4 That she served a copy of the attached: 5 APPLICATION FOR LEAVE TO FILE LATE CLAIM and CLAIM FOR DAMAGES 6 by placing said copy sealed in an envelope 7 addressed as follows: 8 Western Contra Costa County Transit Authority 953 B San Pablo Avenue 9 Pinole, CA 94564 10 City of Pinole City of Hercules City Clerk, City Hall City Clerk, City Hall 11 2131 Pear Street 555 Railroad Avenue Pinole CA 94564 Hercules CA 94547 12 Country of Contra Costa 13 Board of Supervisors 651 Pine Street 14 Martinez, CA 94553 15 and hand delivered on the date of execution of this 16 certificate. The date of execution of this certificate was 17 18 LAW OFFICE OF D.G. JASON DAVIS 19 20 By° M. Adams 21 22 23 24 25 26 27 28 3 APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT December 16 , 1986 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to ) the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: CHARLES LEE BROWN County COunset c/o J. Stephen Ingersoll-Thorp DEC U 11986 Attorney: Attorneys at Law 1355 Willow Way #255 Martinez, CA 94553 Address: Concord, CA 94520 Amount: $100 , 000. 00 By delivery to Clerk on November 24, 1986 Date Received: By mail, postmarked on November 20 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application F. a Late Claim. DATED: 11-25-86 PHIL BATCHELOR, Clerk, By Deputy a II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (>() The Board should deny this Application to File Late Claim (Section 911.6). DATED: Qk c_ �, / y�� VICTOR WESTMAN, County Counsel, By - III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (5() 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. DATE: DEC 16 1986 PHIL BATCHELOR, Clerk, By_,,-" Deputy WARNING (Gov. Code 5911.8) If you Wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed With the court Within six (6) months from the date your application for leave to present a late claim Was denied. You may seek the advise of any attorney of your choice in oonnection With this matter. If you Want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Adminis ra or Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this docunent, and a memo thereof. has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: DEC 17 19$6 PHIL BATCHELOR, Clerk, By i� eEZ-C� Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM RECEIVED 1 LAW OFFICES OF ANDERSEN AND BONNIFIELD 2 ATTORNEYS AT LAW 1355 WILLOW WAY-SUITE 255 C` BHI A7 0 RV 3 CONCORD, CALIFORNIA 84520 R 0 (415( 82s-5100 By .... .. .t.. ...... ... 4 5 ATTORNEY FOR Claimant Charles L. Brown 6 7 8 9 10 In the Matter of the Claim of CHARLES LEE BROWN APPLICATION FOR LEAVE TO 11 PRESENT LATE CLAIM against CONTRA COSTA COUNTY [Government Code 5911 .41 12 13 TO: CONTRA COSTA COUNTY 14 1 . Application is hereby made for leave to present a late 15 claim under Section 911. 4 of the Government Code . The claim is 16 founded on a cause of action for personal injuries , which 17 accrued on May 27, 1986 , and for which a claim was not timely 18 presented . For additional circumstances relating to the cause 19 of action, reference is made to the proposed claim attached 20 hereto as Exhibit A and made a part hereof . 21 2. The reason for the delay in presenting this claim is the 22 mistake , inadvertence , surprise, and excusable neglect of the 23 claimant and Roger Fox, Public Defender , Contra Costa County as 24 more particularly shown in the declaration of J . Stephen 25 Ingersoll-Thorp attached hereto as Exhibit B and made a part 26 hereof . 27 WHEREFORE , it is respectfully requested that this 28 application be granted and that the attached claim be received 1 1 and acted upon in accordance with Sections 912.4-912 .8 of the 2 Government Code. c' / 3 Date :— �� -/� a J� ANDERSEN & BONNIFIELD 4 5 J. STFyPVN INGE OLL-THORP 6 On Be f of Cl imant 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 la �.: ^'. Til: ranw v/ Ol1f-nvapvrti vi �. .• .. ..., .. Instructions to Claimar`.C!erkofthe Board M rlinez.Calif omla D4553 A. Claims relating to causes of action for death or or 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 , 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 CHART.F.S T.F.F. RRQJM Against the COUNTY OF CONTRA COSTA) ) or DISTRICT) (Filln name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 100 ,000 and in support of this claim represents as follows: ----- ------ -------------------------------- ---- --- When did the damage or Injury occur? (Give exact date and hour] May 27, 1986, at approximately 7 :30 p.m. Y Where aid tie damage or in3ury occur? (Include city and county) Interstate 80 between the University Avenue and Ashby Exits in Berkeley, California —T----——----———••————-----3 --——----—-------—occur? (Give dull details, use extra sheets if required) See Attachment #1 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? See Attachment Cpl (over) EXHIBIT "A" 5. What are the names -.f county or district offi -�rs , servants or ' employees causing �._,e damage or injury? See Attachment #1 6. wFiet damage or Injuries do you claim resa1;v dam full extent of injuries or damages claimed. Attach two estimates for auto damage) Personal injuries , the extent and amount of which are unknown at this time , and the claimant' s pain and suffering. --------------------------------------------------------------------- -- 7. How was the amount claimed above computed? (Include the estimate amount of any prospective injury or damage. ) See Attachment Cpl -^----------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. See - Witness List (attachment #2) 9. List the expenditures you made on account of-this accident or injury: DATE ITEM AMOUNT None at this time *#t!t*##tR*Rtt#ttt#t*####**#*##*#######tt*#t#*R#tR##*##**#R##ttR#tt##R*tt* Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney J. STEPHEN INGERSOLL-THORP l man s Signa ure / ANDERSEN & BONNIFIELD 1355 Willow Way, Suite 255 Address Concord, CA 94520 �4�r-- je�j,� K , 5' 533 Telephone No. 415-825-5100 Telephone No. 7G 7-`7f 6-DZI 7 *!t!!*!!*ttt#tt###t#RtttRR#ttt##ttR#Rtt#t#ttt##t###*t###t*#*#RR*R#tttlRtt# NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " ATTACHMENT $1 3 . Prior to the injury, several Contra Costa County Sheriff ' s Deputies , plus other law enforcement personnel, had been pursuing the claimant in a high-speed automobile chase which had begun in Solano County. The chase involved speeds at up to 100 mph as the Contra Costa County Sheriff' s Deputies, who had assumed the primary responsibility for apprehending the claimant in Contra Costa County, attempted to "box in" his vehicle for the purpose of stopping it . As previously mentioned, the claimant ' s vehicle was finally stopped on Interstate 80 between the University Avenue and Ashby Avenue exits in Berkeley, Alameda County, California. After the claimant exited his vehicle , he was physically attacked by at least two Contra Costa County Sheriff' s Deputies, who used at least one shot gun, hands, feet, and various unknown instrumentalities to beat the claimant . Claimant was knocked to the ground , where he was further beaten by at least two deputies with the previously-named instrumentalities . As a result of the beating , claimant suffered numerous cuts, abrasions, bruises , and other and continuing physical injuries, the exact extent of which is unknown at this time . Claimant is informed and believes that he has suffered residual damage as a result of the beating . 4 . At least two Contra Costa County Sheriff ' s Deputies intentionally used excessive force in taking claimant into custody , committing the torts of battery and intentional infliction of emotional distress on claimant, and also violating his due process rights as guaranteed by the 5th and 14th amendments of the United States Constitution, and also the due process provisions of the California State Constitution. These deputies also conspired with other Contra Costa County Sheriff Deputies , and other law enforcement personnel, to deprive the claimant of his constitutional rights by inflicting the beating previously described. At all times mentioned herein , the individual Sheriff ' s Deputies were working within the course and scope of their employment , and their acts of conduct were ratified by both their immediate superiors, the current Sheriff of Contra Costa County, Richard Rainey, and Contra Costa County, through the doctrine of respondeat superior . Further , the deputies in question, at the time of the incident , were so poorly trained, supervised , and managed both by their individual superiors, the current Sheriff of Contra Costa County, Richard K. Rainey, and by Contra Costa County, so as to give rise to a cause of action against the County and its employees for negligent training , management, and supervision of the aforementioned Sheriff ' s Deputies by claimant. Attachment #1 Page Two 5 . Discovery is still continuing in this area, but the names of the Contra Costa Sheriff ' s Deputies believed to have inflicted the beating, and to have conspired with other deputies and law enforcement personnel to deprive claimant of his constitutional rights known at this time are Deputy F. Gray, Deputy #32775, and Deputy M. Shott, Deputy #30064. 7 . The amount of claimant ' s medical specials is unknown at this time . All medical treatment to date has been furnished by Contra Costa County employees , at the County Hospital in Martinez, Contra Costa County. The amount of further medical treatment is unknown at this time , as well as any wage loss that claimant has suffered . The damage figure is comprised mainly of damages for claimant' s pain and suffering, the violation of his Federal and State Constitutional rights, and damages to punish defendants for their intentional and egregious behavior . • WITNESS LIST ATTACHMENT #2 1. Sgt. Val Daniels, California Highway Patrol 3601 Telegraph Ave Oakland, CA 94609 2. Charles Lee Brown 2333 C a ninghasn Drive Fairfield, CA 94533 3. Officer Mike Fiscus, California Highway Patrol 3601 Telegraph Ave Oakland, CA 94609 4. Officer Charles Chellew, California Highway Patrol 5001 Blim Rd. Martinez, CA 94553 5. Officer Bob Stetser, California Highway Patrol 5001 Blum Rd. Martinez, CA 94553 6. Officer Tony Shipp, Fairfield Police Department 1000 Webster St. Fairfield, CA 94533 7. Sgt . Dale Tiernan, Fairfield Police Department 1000 Webster St. Fairfield, CA' 94533 8. Officer John Watts, California Highway Patrol P. O. Bax N Fairfield, CA 94533 9. Deputy Richard West com 10. Deputy Robert Fisher— CO SO 11. Deputy Roberto Ortiz COvSO 12. Deputy Leo Martin Como 13. Deputy Kurtis Brink C CI SO 14. Deputy Fred Gray C1CCSO 15. Deputy lu,ay Jones CCCSO 16. Sgt . Michael Schott 0C S0 17 . Other medical personnel of Contra Costa County, the identities of which are unknown at this time. As previously mentioned, claimant was afforded medical attention at the County Hospital , Martinez , California. 6 DECLARATION OF J. STEPHEN INGERSOLL-THORP 1 . I am an attorney licensed to practice in all courts of the State of California, and, if sworn, could testify competently as to each matter set forth herein, except as to those matters stated on my information and belief . 2 . On or about October 29 , 1986 , when I was at the B Module , Martinez Detention Facility, Martinez , Contra Costa County, California, for the purpose of talking with a client on a case not related to this claim, I was approached by Charles Lee Brown , the claimant in this action , for the purposes of discussing a possible civil action against the County of Contra Costa. 3 . After talking with Mr . Brown, I found that he had been in custody continuously since May 27 , 1986 , the day he was arrested by Contra Costa County Sheriff ' s Deputies following a high speed chase on Interstate 80 which culminated in Berkeley, Alameda County, California. Mr . Brown told me that, during the arrest, he was intentionally attacked by at least two Contra Costa County Sheriff ' s Deputies , who used a shot gun, hands, fists, feet, and various other unknown instrumentalities to beat him , using excessive force , in apparent violation of his due process rights under the Federal and State Constitutions. 4 . Mr . Brown then informed that he had been charged with at least four felony violations of the Penal Code as a result of the incident, and that charges were pending against him in the Contra Costa County Superior Court . He added that he was currently represented by Deputy Public Defender , Roger Fox , of the Contra Costa County Public Defender ' s Office , Richmond , Contra Costa County, California. 5. When I asked Mr . Brown if he had filed a claim against Contra Costa County for his personal injuries, etc . , as a result of the beating, he answered "NO." When I asked him why he had not he told me the following : That he had been in custody continually since May 27, 1986 ; that he was unaware of the 100 day filing limit for filing an action for personal injuries against a governmental entity; that he assumed that his public defender would file a lawsuit on his behalf against Contra Costa County for his personal injuries as a result of the incident. 6 . In further discussion with Mr . Brown, I learned that he was 11th grade high school drop-out, with , in my opinion, very little sophistication and experience in legal matters, especially in civil suits against governmental entities , and that he was genuinely ignorant of the claim procedure mandated by law with respect to governmental entities under California law. EXHIOIT °' ►. 7. I thereafter spoke with his public defender , Roger Fox, with respect to a possible claim by Mr . Brown against Contra Costa County for the above-mentioned injuries, on at least two occasions. These discussions took place between the date of my initial interview with Mr . Brown, the date of the filing of this claim. Mr . Fox told me that he had not fully learned of the facts and circumstances surrounding the beating until the beginning or middle of October , 1986 , when he learned of an internal affairs investigation by Contra Costa County against certain of the Contra Costa County Sheriff' s Deputies involved in the chase, arrest, and subsequent events . Specifically, Mr . Fox had learned that an employee of the California Highway Patrol, a Sergeant val Daniels, had filed a complaint with his superiors following the chase and arrest on May 27, 1986 , based on what Daniels was able to observe as to the manner which Brown was apprehended by certain Contra Costa County Sheriff' s Deputies on the date in question . According to Fox, Daniel' s written report had culminated in the previously-mentioned internal investigation , which allegedly resulted in disciplinary action against at least four of the Contra Costa County Sheriff ' s Deputies involved in the chase and further that said suspensions were currently on appeal. 8 . Fox further told me that , when he learned of the existence of the internal affairs investigation and disciplinary proceedings , he immediately informed Brown that Brown should contact private counsel for the possibility of a civil suit against Contra Costa County and its employees . 9 . From my discussions with Brown and Fox , it was my impression that Brown had then promptly contacted me after being so advised by Fox. 10 . Further , at my request , Deputy Public Defender Fox provided to me certain written materials in his possession regarding the chase , the arrest , and the subsequent events, which, in my opinion, lead me to believe that Charles Lee Brown has a valid claim against Contra Costa County and its employees for negligence , various intentional torts, and violation of his constitutional rights under the United States and California State Constitutions. 11. In my opinion, therefore , Charles Lee Brown, should be given leave to present a late claim , based on mistake and excusable neglect on the part of both himself and his public defender , and also surprise on the part of his legal representative , the public defender , given the date when the public defender learned of the existence of the internal affairs investigation and disciplinary proceedings. I declare under penalty of perjury that the foregoing is true and correct and was execu ed under the laws of the State of California on _ /Jpvr1 �/_ °( 1986 at Concord , California. J. ST HEN IN RSOLL-THORP APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT December 16 , 198E Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: E. MARIE; PYLE & RAYMON L. PYLE County Counsel c/o Robert J. Athey Attorney: Ring, At:hey, Hanson & Lane, Inc . NOV 18 1986 P. O. Box 97 Martinez, CA 94553 Address: Walnut Creek, CA 94596 Amount: $10, 000 . 00 By delivery to Clerk on November 13 , 1986 hand del . Date Received:November 13 , 1936 By mail, postmarked on no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application ti at Claim. DATED: Nov. ; 13 , 1936 PHIL BATCHELOR, Clerk, By � � �Deput y L. Hall II . FROM: County Counsel TO: Clerk of the Board of pe_rvi,8or_s 'm j(7O The Board should grant this Application to File Late Claim.X(Section 9,�� ud. (yC) Th Boar should deny t is Applica'on to File Late Claim (Section 911.6) 6t.�_ DAI/TED: ((&,VICTOR WFSTMAN, o y Counsel, B . ��Lcic�puty III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) (X ) This Application is granted (Section 911.6)for cause of action based on Breach of Contract . (X ) This Application to File Late Claim is denied (Section 911.6)€or cause of action based on negligence. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: DEC 16 1986 PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Adminis rator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof. , has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DEC 17 1986 /LIZ DATED: PHIL BATCHELOR, Clerk, ByDeputy V. FROM: 1 County Counsel 2 County Administrator 70: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By. County Administrator, By APPLICATION TO FILE LATE CLAIM I RIN_ G,. ATHEY, HANSON & LANE, INC. BY:- ROBERT J. ATHEY 2 P. 0. Box 97j�� 1437 N. Broadway �S Y 3 Walnut Creek, California 94596 Telephone: (415) 935-0550 f�Sb 4 Attorneys for Claimant 6y �r T UP 5 s ay 6 7 8 9 In the Matter of the Claim of E. MARIE PYLE and RAYMON L. PYLE APPLICATION FOR LEAVE TO 10 against COUNTY OF CONTRA COSTA FILE LATE CLAIM 11 12 TO COUNTY OF CONTRA COSTA: 13 1. Application is hereby made for leave to present a late 14 claim under Section 911. 4 of the Government Code. The claim is 15 founded on a cause of action for negligence and breach of 16 contract which occurred on February 20, 1986, and for which a 17 claim was not timely presented. For additional circumstance 18 relating to the cause of action, reference is made to the 19 proposed claim attached hereto as "Exhibit A" and made a part 20 hereof. 21 2. The claim was originally presented on August 12, 1986, 22 and was not filed within one hundred (100) days of February 20, 23 1986 for the reason that Claimants ' attorney believed and still 24 does believe that the causes of action described herein are 25 , not governed by the one hundred (100) day limitation for filing 26 claims,, but the one (1) year limitation period as set forth in RING, ATHEY, HANSON 8 LANE, INC. A PROFESSIONAL LAW CORPORATION 1437 NORTH BROADWAY P. O. BOX 97 /ALNLT CREEK.CA 94596 (415) 935-0550 1 Government Code Section 911. 2 which reads: 2 "A claim relating to a cause of action for death or for injury to person or to 3 personal property or growing crops shall be presented as provided in Article 2 4 (commencing with Section 915) of this chapter not later than the 100th day 5 after the accrual of the cause of action. A claim relating to any other cause of 6 action shall be presented as provided in Article 2 (commencing with Section 915) 7 of this chapter not later than one year after the accrual of the cause of action. " 8 3. The claims submitted do not relate to a cause of action 9 for death or injury to person or personal property, but to a 10 contract between the parties, leading to the imposition of a 11 pre-payment penalty, which was paid by the Claimants, who seek a 12 refund thereof. 13 4. The County is not prejudiced by the failure to file the 14 Claim earlier - there being only an approximate two one-half (2�) 15 month delay beyond the initial one hundred (100) days period. 16 WHEREFORE, it is respectfully requested that this 17 Application be granted and that the attached Claim be received 18 and acted upon in accordance with Section 912. 4 - 912. 8 of the 19 Government Code. 20 Dated: November 1986. 21 RING, ATHEY; aSON & LANE, INC. 22 23 By 24 Atrney ' or Cla 'mants 25 26 RING, ATHEY, HANSON 6 LANE, INC. A PROFESSIONAL LAW CORPORATION 1437 NORTH BROADWAY P. O' BOX 97 2 WALNUT CREEK,CA 94596 (415) 935-0550 RECEIVED --. t T"6 OR Cly ONAac TR PERV By .. .... .!.................... CLAIM AGAINST PUBLIC ENTITY TO: County of Contra Costa Board of Supervisors and Clerk thereof: E. MARIE PLYLE and RAYMON L. PYLE hereby make claim against the County of Contra Costa for the sum of Ten Thousand Dollars ($10, 000) and make the following statement in support of the claim: 1. Claimants ' post office address is: 409 W. Dryden, #D Glendale, CA 91202 2. Notices concerning the claim should be sent to: ROBERT J. ATHEY RING, ATHEY, HANSON & LANE, INC. P. 0. Box 97 Walnut Creek, CA 94596 3. The date and place of the transaction giving rise to this claim are: February 20 , 1966 Moraga , CA 4. The circumstances giving rise to this claim are as follows: EXrit�1T •A. I (a) On or about July 30, 1984 Claimants purchased a condominium unit in the City of Martinez , County of Contra Costa. Said purchase was financed under the County' s 1983 Series A Home Mortgage Finance Program and was given Loan No. 30304 . 6. The documents Claimants signed were negligently prepared and were ambiguous and unclear, and did not accurately inform Claimants as to a prepayment penalty clause therein; (b) On or about February 20 , 1986 Claimants resold said unit and were compelled to pay a prepayment penalty of Thirty Five Hundred Dollars ($3,500) ; (c) Claimants contend that because of the negligent preparation of said documents, and under the terms of Civil Code Section 2954. 10, no prepayment penalty should have been imposed. 5. Claimants have been damaged in the sum of Thirty Five Hundred Dollars ($3,500) being the amount of said penalty they paid, plus additional sums for interest thereon, loss of use of said funds preventing repurchase of another residence in the area to which they have moved, and other consequential damages, all of which sums Claimants estimate to be about Sixty Five Hundred Dollars ($6, 500) ; 6. Claimants' claim therefore as of this date is Ten Thousand Dollars ($10, 000) ; 2 J 7. The organizations involved on behalf of the County in this transaction are: (a) City Bond and Mortgage Corp. (b) Investor ' s Mortgage Service Co. (c) Security Pacific National Bank Dated: August , 1986. RING, ;ATHE H ON & LANE, INC. By A nevA for imants 3