HomeMy WebLinkAboutMINUTES - 12091986 - 1.1 (2) r " 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 9 , 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 Gov e nment Code
Amount: $250 , 000 + Section 913 and 915.4. Please not all "WAR=otY Co u n sei
CLAIMANT: BARBARA MULCAHY NOV 07 1986
c/o Daniel J. Russo, Esq.
ATTORNEY:
Russo , Weintraub & Bellia Martinez, CA 945:53
Attorney At Law Date received
ADDRESS: 408 Tennessee Street BY DELIVERY TO CLERK ON November 6 , 1986
Vallejo, CA 94590
BY MAIL POSTMARKED: November 5 , 1986
Certified P 055 395 595
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. ^/ '
November 7 , 1986 ppHHIL BATCHELOR, Clerk ,
DATED: 8Y: 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: a, /7&6&6 BY:��. LC��pui� 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 9I1.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
AS
(�) This Claimlis 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 9 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 1 1 1p��G6 BY: PHIL BATCHELOR beputy Clerk
CC: County Counsel County Administrator
1
YA ', v
RUSSO, WEINTRAUB & BELLIA
DANIEL J. RUSSO ATTORNEYS AT LAW
CERTIFIED CRIMINAL LAW SPECIALIST AUB 408 TENNESSEE STREET
SALVATORE J.DAVID REJ. BELLIA VALLEJO, CALIFORNIA 94590
LL (707) 644-4004
AMY MORTON
• November 4, 1986 RECEIVED
CL PFI WC
ORN. �BY . . .. Deputy
CONTRA COSTA COUNTY
CLERK OF THE COUNTY BOARD OF SUPERVISORS
651 PINE STREET, #106
MARTINEZ, CALIFORNIA 94553
Re: Claims of Leroy Terry and Mulcahy Family Against
Contra Costa County
Dear Clerk:
Our office has been retained to represent Leroy Terry and the
Mulcahy family in claims with your county.
On November 4, 1986, we mailed, on behalf of our clients, "Notice
Claims" within the 100 day period prescribed by Government Code section
911.2.
Please take note that the caption on the notice claims filed for
Leroy Terry and Barbara Mulcahy should include the terms "CLAIM FOR`
PERSONAL INJURIES".
You will find that the body of the claim includes all necessary
information to comport notice regarding the personal injuries and injuries
to real and personal property sustained by both Leroy Terry and Barbara
Mulcahy.
Very truly yours,
DANIEL J. R�JSSO
Attorney at Law
DJR:sl
I•
I RUSSO, WEINTRAUB & BELLIA
ATTORNEYS AT LAW
2 408 TENNESSEE STREET 1V9
VALLEJO, CALIFORNIA 94590 V
PHONE (707) 644-4004
3
ATTORNEYS FOR
4 wV oa as
�P gU LY
5 r ao
t .
6 eY
7
8 Claim Of: )
CLAIM FOR INJURIES
9 BARBARA MULCAHY, ) TO REAL AND
PERSONAL PROPERTY
10 Claimant, )
11 V. )
COUNTY OF CONTRA COSTA, )
12 CONTRA COSTA COUNTY SHERIFFS' )
13 DEPARTMENT, )
14 Respondent. )
15
16 TO: CONTRA COSTA COUNTY BOARD OF SUPERVISORS:
17 YOU ARE HEREBY NOTIFIED that BARBARA MULCAHY of 2951 San Rocco
18 Court, Tracy, California 95376, formerly of 931 Cheyenne Road,
19 Copperopolis, California 95228, claims damages from THE COUNTY OF CONTRA
20 COSTA in the total amount which is unascertainable at the present time,
21 but not less than $250,000.00.
22 The name and address of the person presenting the claim on behalf
23 of the claimant is DANIEL J. RUSSO, ESQ., RUSSO, WEINTRAUB & BELLIA,
24 Attorneys at Law, 408 Tennessee Street, Vallejo, California 94590,
25 telephone number (707) 644-4004. All notices should be sent to claimant
26 in care of DANIEL J. RUSSO, his attorney, at said address.
27 The claim of BARBARA MULCAHY is based upon injuries to her person
28 and injuries and trespass to the possession and ownership of her real and
RUSSO, WEINTRAUB
Be BELLIA —1—
ATTORNEYS AT LAW
408 TENNESSEE ST.
VALLEJO, CA 94590
(707) 644-4004
7
I personal property sustained by her on July 28, 1986, during the hours of
2 approximately 7:00 a.m. to 9:45 a.m. , at 931 Cheyenne Road, in the city of
3 Copperopolis, County of Calaveras, state of California.
4 Claimant, BARBARA MULCAHY, was a resident and lived at 931
5 Cheyenne Road, Copperopolis, California, at said time and place when the
6 DEPUTY SHERIFFS from THE COUNTY OF CONTRA COSTA intentionally, recklessly,
7 negligently, and with callous disregard or deliberate indifference,
8 unreasonably executed a search warrant which was void of any facts,
9 details, information, or indicia of reliability linking BARBARA MULCAHY,
10 any person residing with BARBARA MULCAHY at the 931 Cheyenne Road
11 premises, or the location of the 931 Cheyenne Road premises in the City of
12 Copperopolis, to any form or manner of criminality or criminal or illegal
13 conduct.
14 As a direct and legal or proximate cause of the wrongful,
15 malicious, reckless and negligently executed search warrant, claimant,
16 BARBARA MULCAHY'S, possession and ownership of her real and personal
17 property was intentionally intermeddled, interfered with, and trespassed
18 upon, and her physical person was the subject of intentional battery,
19 assault, false imprisonment, unlawful arrest and intentional and negligent
20 emotional distress when she was unlawfully detained and restrained in her
21 movement pursuant to the force and intimidation against her person and
22 will and physical entry upon the possession of her property by DEPUTY
23 SHERIFFS of THE COUNTY OF CONTRA COSTA.
24 The injuries sustained by claimant, BARBARA MULCAHY, so far as
25 known to date of presentation of her claim, include, but are not limited
26 to, severe shock, emotional distress, psychological trauma, physical and
27 mental pain and damages as the loss in value to her ownership and
28 possession of her personal and real property which are substantially
RUSSO,WEINTRAUB
&BELLIA
ATTORNEYS AT LAW
408 TENNESSEE ST.
VALLEJO,CA 94590
(707)6444004
9Q 238-M
r V
I certain to naturally flow from the aforementioned wrongful, intentional,
2 reckless, and and unreasonably executed search warrant by the DEPUTY
3 SHERIFFS of THE COUNTY OF CONTRA COSTA. All of claimed injuries have
4 caused and continue to cause claimant great mental, physical and nervous
5 pain and suffering.
6 The amount claimed for all damages, as of the date of
7 presentation of these claims, is as follows:
8 (1 ) Estimated damages
for medical care: $ Unascertainable
9 (2) Estimated damages
10 for personal property
loss: $ Unascertainable
11 (3) Estimated damages
12 for real property losses: $ Unascertainable
13 (4) Past and future
general damages and
14 specific damages $ Unascertainable
15 The name of the public employee of THE COUNTY OF CONTRA COSTA, or
16 said servant of THE COUNTY OF CONTRA COSTA, causing said claimant's
17 damages and injuries under the described circumstances, are unknown by
18 claimant at present.
19 Dated: November 3, 1986 Respectfully Submitted,
20
21 RUSSO, WEINTRAUB & BELLIA
22
23
24 DANIEL J. RU
Attorney for Claimant
25
26
27
28
RUSSO,WEINTRAUB
&BELLIA —3—
ATTORNEYS AT LAW
408 TENNESSEE ST.
VALLEJO,CA 94590
(707)644-4004
ac42�238-M
APPLICATION TO FILE LATE CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
• Application to File Late Claim ) NOTICE TO APPLICANT
December 9 , " 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 Goverrnent Code.) ) given pursuant to Government Code Sections 911.8 and
915.4. Please note the wWARNING" below.
county Counsel
Claimant: ARNOLD AND MAXINE ERICKSON
c/o Michael D. Blevins, Esq . (Vu U 7 1986
Attorney: Law Offices of Grant & Sternberg
3478 Buskirk Ave. , Ste. 220 �-;;e3, CA 9455?.
Address: Pleasant Hill, CA 94523
Amount: Unspecified By delivery to Clerk on November 5 , 1986 hand del .
Date Received: November 5 , 1986 By mail, postmarked on no envelope
I. FROM: Clerk of the Board of Supervisors T0: County Counsel
Attached is a copy of the above noted Application Ao F le L to Claim.
DATED: Nov. 6 , 1936 PHIL BATCHELOR, Clerk, By Deputy
4a KW--Z
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 VICTOR WESTMAN, County Counsel. B ' L �t3�
III. BOARD ORDER By unanimous vote of Supervisors present
(Check one only)
( ) This Application is granted (Section 911 .6).
(�() This Application to File Late Claim is denied (Section 911.6).
,` I certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date. Z-Y/J�Z&
DATE: DEC 9 1986 PHIL BATCHELOR, Clerk, By Deputy
WARNING (Gov. Code 3911.8)
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 Goverrment 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 Administrator
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 Boards copy of this Claim in accordance with Section
29703.
DATE : DEC 1 119% PHIL BATCHELOR, Clerk, By 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
I CJM2. 5
MICHAEL D. BLEVINS, ESQ.
2 ROBERT L. GRANT, ESQ.
LAW OFFICES OF GRANT & STERNBERG [ i�
3 3478 Buskirk Avenue, Suite 220
Pleasant •Hill , CA 94523 RECEIVED
4 Telephone: (415 ) 946-1400
5 Attorneys for Claimants V X1986
P 6AT ELOR
6 CL O�T P RV RS
BY .. .. ... ....
7
8
9
10 In the Matter of the Claim of APPLICATION TO FILE LATE
CLAIM AGAINST PUBLIC ENTITY
11 ARNOLD and MAXINE ERICKSON,
12 Against
13 The COUNTY OF CONTRA COSTA,
a political subdivision of
14 the State of California.
15
16 1 . Claimants ARNOLD and MAXINE ERICKSON by and through
17 their attorney Michael D. Blevins , Esq. , hereby apply to the
18 Board of Supervisors of the County of Contra Costa for leave to
19 present a claim against said public entity pursuant to 9911 .4 of
20 the California Government Code.
21 2. The cause of action of Claimants ARNOLD and MAXINE
22 ERICKSON as set forth in their proposed claim attached hereto,
23 accrued on or about September 9, 1986, a period within one year
24 from the filing of this Application.
25 3. Claimants ARNOLD and MAXINE ERICKSON's reason for the
26 delay in presenting this claim against the County of Contra Costa
27 is as follows: Since approximately November 1 , 1981 , Claimants
28 have been suffering from the continual and year-round deposit of
-1-
I waters from the property of their upslope neighbors, the Wongs
2 and Cristofanis, against whom Claimants have lodged demands for
3 compensation from the water-related damage to their real
4 property. On or about September 9, 1986, the insurance adjuster
5 for the Wongs provided Claimants' attorney with information that
6 the excessive amounts of water being deposited onto Claimants '
7 land was caused wholly or in part by ditches and storm drains
8 upon the Wong and Cristofani properties which storm drains and
9 ditches were either constructed by, under the control of or
10 required by the County of Contra Costa . Prior to this date
11 Claimants were unaware that the substantial damages occurring to
12 their real property, and residence thereon, were caused by the
13 County of Contra Costa. Within one month of Claimants ' discovery
14 of this information, Claimants' filed their original claim
15 against the County of Contra Costa on October 8, 1986. In the
16 light of Claimants' diligence, Claimants contend that
17 disallowance of their claim would be inequitable.
18 Dated: October 30, 1986.
19
20 M CHAEL D. BLEVINS
A torney for Claimants
21 ARNOLD and MAXINE ERICKSON
22
23
24
25
26
27
28
-2-
1 JD22. 32
MICHAEL D. BLEVINS, ESQ.
2 ROBERT L. GRANT, ESQ.
LAW OFFICES OF GRANT & STERNBERG
3 3478 Buskirk Avenue, Suite 220
Pleasant Hill , CA 94523
4 Telephone: (415 ) 946-1400
5 Attorneys for Claimants
6
7
8
9
10
11 In the Matter of the Claim of PROPOSED AMENDED CLAIM AGAINST
THE COUNTY OF CONTRA COSTA
12 ARNOLD and MAXINE ERICKSON, [Government Code §910.6, 910,
et seq. ]
13 Against
14 The COUNTY OF CONTRA COSTA
a political subdivision of
15 the State of California.
16 The undersigned, a person acting on behalf of ARNOLD and
U
MAXINE ERICKSON, Claimants herein, hereby makes claim against the
18 COUNTY OF CONTRA COSTA, located in the State of California, in
19 the sum of $750,000 and in support of said claim represents as
20 follows :
21 A. The name and post office address of the Claimants:
22 213 Oak Knoll Loop
23 Walnut Creek, CA 9496
24 B. The post office address to which the persons presenting
25 the claim desire notices to be sent.:
26 c/o Michael D. Blevins, Esq.
Law Offices of Grant & Sternberg
27 3478 Buskirk Avenue, Suite 220
Pleasant Hill, CA 94523
28
-1-
1 C. The date, place, and other circumstances of the
2 occurrence or transaction which give rise to the claim asserted:
3 On or about September 9 , 1986, Claimants were informed
4 by the insurance adjuster to their upslope neighbors, the Wongs
5 (against which neighbors Claimants had lodged a claim for
6 water-related property damages) , that the significant quantities
7 of water being deposited onto Claimants' land was being carried
8 and accumulated in ditches and storm drains required and/or
9 controlled by the COUNTY OF CONTRA COSTA; before Claimants had
10 received copies of the property maps depicting the
11 COUNTY-required drainage easements from said adjuster, Claimants
12 were unaware of the responsibility of the COUNTY OF CONTRA COSTA
13 for their injuries.
14 For a continuous period beginning on or after November
15 1 , 1981 significant quantities of water from properties upslope
16 of Claimants' property has moved onto Claimants' property,
17 causing damage. The COUNTY OF CONTRA COSTA is responsible for
18 the damages described herein, among other reasons, due to its
19 neglect in allowing the development of the upslope property and
20 the subdivision in which Claimants' property is located, without
21 adequate provision for grading, drainage, and foundations; and,
22 particular, for requiring drainage across the properties of
23 Claimants ' upslope neighbors through COUNTY-required easements,
24 which drains greatly increase the volume and force of water
25 flowing onto Claimants' property. Additionally, the COUNTY has
46 caused to be constructed storm drains on Oak Knoll Loop and El
27 Camino Corto, upslope of Claimants ' property , which collect
28 waters and then dump same onto undeveloped property contiguous to
-2-
1 that of Claimant, which waters move downslope and onto Claimants '
2 property. Other bases for the COUNTY OF CONTRA COSTA's liability
3 are not present known, and Claimants reserve the right to amend
4 this Claim to state the same when known.
5 D. A general description of the indebtedness, obligation,
6 injury, damage, or loss incurred so far as it may be known at the
7 time of presentation of the Claim:
8 Significant quantities of rain water, irrigation water,
9 and swimming pool overflow travelling over the upslope neighbors '
10 property and, in particular, carried through the County-required
11 drainage easement and storm drains, are deposited onto Claimants '
12 property, causing ponding in front of Claimants ' house and
13 infiltration of those waters into the sub-soil, all of which, in
14 turn, has caused subsidence of the house. The circumstances have
15 produced loss of use of possession and enjoyment of the
16 Claimants' property, diminution of its value, including stigma
17 damage, as well as severe emotional distress, disruption of the
18 domestic tranquility of the household, expenditure for attorney' s
19 fees, and concern over being sued by downslope neighbors, whose
20 property, has likewise, been damaged. Claimants do not know the
21 true nature, extent, and amount of damage, and reserve the right
72 to amend this claim when the same shall become known.
23 E. The name or names of the public employee or employees
24 causing the injury, damage, or loss, if known:
25 The building inspector and grading inspector of the
26 COUNTY OF CONTRA COSTA, the county engineer of the COUNTY OF
27 CONTRA COSTA, the public works department of the COUNTY OF CONTRA
28 COSTA, and the planning department or community development of
-3-
1 the COUNTY OF CONTRA COSTA. Claimants reserve the right to amend
2 this Claim when the particular names of the employees and the
3 correct names of these or other departments responsible for
4 Claimants ' injuries and damages are known.
5 F. The amount claimed as of the date of presentation of
6 the Claim, including the estimated amount of any prospective
7 injury, damage, or loss, insofar as it may be known at the time
8 of the presentation of the Claim, together with basis of
9 computation of the amount claimed:
10 $150, 000: Estimate for repair to Claimants' property
$100,000: Estimate for loss of use and possession of
11 said property
$500 ,000: Estimate for emotional distress, damages,
12 attorney' s fees, other incidental costs, and
general damages
13
Potential liability in the cost of defense for claims
14
made by neighbors against Claimants may cause these estimates to
15
be increased. In any event, the above estimates are estimates
16
only and Claimants reserve the right to amend this Claim to state
17
the true sum, extent, and nature of Claimants' injury, damage,
18
and loss when the same shall become fully known.
19
20
Dated: November 4 , 1986
21 MICITAAEL D4 BLEVINS "
At rney for Claimants
22
23
24
25
26
27
28
-4-