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APPLICATION TO FILE LATE CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Application to File Late Claim ) NOTICE TO APPLICANT February 4, 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: ADAM LARNACH, VERONICA LARNACH AND VICTORIA LARNACH County Counsel
Attorney: John C. Willbrand, Esq. JAN 10 1986
1070 Concord Avenue, Suite 105 Martinez, C.A. 94553
Address: Concord, CA 94520
Hand delivered
Amount: $500, 000. 00 By delivery to Clerk on January 10 , 1986
Date Received: January 10, 1986 By mail, postmarked on
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above noted Applicatio to Fi Late Claim.
DATED: Tan 10, 1 qS6 PHIL BATCHELOR, Clerk, By ° Deputy
elli
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) The Board should grant this Application to File Late Claim (Section 911.6).
(X..) The Board should deny this Application to File Late Claim (Section 911.6).
DATED. %' ' '�' = ' ' VICTOR WESTMAN, County Counsel, BY'%!= -! `_ J'-- '-/,�-i'Deputy
III. BOARD ORDER By unanimous vote of Supervisors present
(Check one only)
( ) This Application is granted (Section 911.6).
(XI 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:F E 9 4 1986 PHIL BATCHELOR, Clerk, By (1 .4 444 ° Deputy
WARNING (Gov. Code §911.8)
If you wish to file a court action on this matter, you must first petition the
appropriate court for an order relieving you 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 TO: 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 Board's copy of this Claim in accordance with Section
29703.
DATED: FEB 5 1986 PHIL BATCHELOR, Clerk, ByQmm
0, a 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
t �
1 JOHN C . WILLBRAND
Attorney at Laws,
2 1070 Concord Avenue , Suite 105
Concord , CA 94520 RECEIVED
3 415/676-8800
4 Attorney for Claimants `SAN 10 19H
1)� Ioa.,m .
U. PKI 8A',C"FLOR
5 .CURY b{Rr-OF J.P R ;OPS
CChJtR�CCfSi
6 Deputy
6
7
8 BOARD OF SUPERVISORS , CONTRA COSTA COUNTY
9
10 In the matter of the Application NO:
for Permission to File Late
11 Claim of ADAM LARNACH , VERONICA APPLICATION TO FILE LATE
LARNACH and VICTORIA LARNACH , CLAIM AGAINST PUBLIC
12 ENTITY
Claimants ,
13
VS .
14
COUNTY OF CONTRA COSTA, CONTRA
15 COSTA COUNTY HOSPITAL and DOCTOR
STEPHEN BOWE ,
16
Respondents .
17 ----------------------------------/
18 Claimants hereby apply to the Board of Supervisors of Contra
19 Costa County for leave to present a claim against said County,
20 Contra Costa County Hospital and Dr. Stephen Bowe , pursuant to
21 Section 911.4 of the California Government Code.
22 The cause of action of claimants as set forth in their
23 proposed Claim attached hereto, began on May 24 , 1985 , and the
24 conduct contributing thereto and the effects thereof continue ;
25 the end date of accrual of the cause of action is within one year
26 of the filing of this Application. Claimants contend that
27 because their cause of action accrued over time , their claim
28 1
r ;
.1
1 should have been allowed as timely filed at the time of its
2 initial filing.
3 However, claimants' reason for the delay in presenting their
4 claim against the County of Contra Costa is as follows :
5 Claimants ' failure to present their Claim was due to mistake ,
6 inadvertence , surprise or excusable neglect in that claimants
7 were unaware of the requirement that a claim be filed within one
8 hundred (100) days of the accrual of their cause of action and ,
9 due to continuing medical problems, did not have the opportunity
10 to consult counsel until after the one hundred (100) day period
11 had expired. The County of Contra Costa was not prejudiced by
12 the failure to present the claim within one hundred (100) days as
13 the hospital staff was fully aware of its negligence in the
14 treatment and care of claimant Veronica Larnach, and the subject
15 claim was filed on the one hundred fifteenth (115th) day , an
16 insufficient delay for any real prejudice to have affected the
17 County .
18 DATED : January 2 , 1986
19
-----------------------------
OHN C. WILLBRAND , Attorney
20 or Claimants
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v . JOHN C. WILLBRAND
' ATTORNEY AT LAW
:CONCORD OFFICE PARK
1070 CONCORD AVE.. SUITE 103 TELEPHONE: 676.8900
CONCORD, CALIFORNIA 94520 AREA CODE: 413
PROPOSED
CLAIM FOR DAMAGES
To: County of Contra Costa
Contra Costa County Hospital
Dr. Bowe
Claimants , ADAM LARNACH , VERONICA LARNACH and VICTORIA
LARNACH, whose address is c/o John C. Willbrand, 1070 Concord
Avenue , Suite 105 , Concord, CA 94520 , hereby make claim against
the County of Contra Costa, Contra Costa County Hospital and Dr.
Bowe for the sum of $500,000.00 and make the following statements
in support of the claim:
1. All notices concerning this claim shall be directed to
the following:
John C. Willbrand, Esq.
1070 Concord Avenue, Suite 105
Concord, CA 94520
2. The conduct giving rise to the claim began May 24 , 1985
and continues.
3. The circumstances giving rise to the claim are as
follows :
Contra Costa County and Contra Costa County Hospital and
their agents and employees, including Dr. Bowe, by their refusal
to promptly commence a Caesarean for birth of the minor child,
by their negligence in operating on and treating the mother, and
by their reckless disregard for the health and well-being of the
mother and minor child, caused all parties to sustain unnecessary
physical and emotional injury, distress, anxiety and suffering.
4 . Claimants seek FIVE HUNDRED THOUSkND DOLLARS
($500,000.00) in general and specia amages.
DATED:
JO N C. WILLBRAND, Attorney
for Claimants
APPLICATION TO FILE LATE CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA
BOARD ACTION
Application to File Late Claim ) NOTICE TO APPLICANT February 4, 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: ELIZABETH SICKELS Cuu!1tu
Attorney: In Pro Per JAN O v 1986
641 Michele Road
Address: Martinez, CA 94553 Martinez, CA 94053
Amount: Unspecified By delivery to Clerk on
Date Received: January 9, 1986 By mail, postmarked on January 7 , 1986
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above noted Application to Fi Late Crim.
DATED: Jan. 9 , 1986 PHIL BATCHELOR, Clerk, By n Deputy
Ann Cerve111
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) The Board should grant this Application to File Late Claim (Section 911.6).
(/K-) The Board should deny this Application to File Late Claim (Section, 911.6).
DATID4 jJVICTOR WESTMAN, County Counsel, By �C�sig' !'- �' � -"Deputy
III. BOARD ORDER By unanimous vote of Supervisors present
(Check one only)
( ) This Application is -granted (Section 911.6).
(`j-<:r 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: FEB 4 1986 PHIL BATCHELOR, Clerk, By C094 444 Deputy
WARNING (Gov. Code 6911.8)
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 immediatel .
IV. FROM: Clerk of the Board TO: 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 Board's copy of this Claim in accordance with Section
29703. 5 1986
DATED:FEB PHIL BATCHELOR, Clerk, By 0Deputy
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
w`
. ELIZABETH SICKELS
. 641 Michele Road RECEIVED
2 Martinez , CA 94553
( 415) 228-0870
3 JAN 1 1%6
In Pro Per
PHY BATCHELOR
ERKQO J OOF SUPE isfft O
B
5
6
7
8 In the Matter of the Claim of
9 ELIZABETH SICKELS against APPLICATION FOR LEAVE
COUNTY OF CONTRA COSTA TO PRESENT LATE CLAIM
10 �
ll TO COUNTY OF CONTRA COSTA:
12 1. Application is hereby made for leave to present late
l3 claim under Section 911.4 of the Government Code. The claim is
14 founded on a cause of action for wrongful termination which
15 occurred on September 13 , 1985, and for which a claim was not
16 timely presented. For additional circumstances relating to the
17 cause of action, reference is made to the proposed claim attached
18 hereto as Exhibit A and made a part hereof.
19 2. The reason for the delay in presenting this claim is the
20 mistake, inadvertence, surprise and excusable neglect of the
21 claimant, as well as the inexcusable delay and inaction on the
22 part of the COUNTY OF CONTRA COSTA, as more particularly shown in
23 the declaration of ELIZABETH SICKELS attached hereto as Exhibit B
24 and made a part hereof.
25 3. The application is presented within .a reasonable time
26 after the accrual of the cause of action as shown by the
27 declaration of ELIZABETH SICKELS attached hereto as Exhibit B and
28 made a part hereof.
1
1 WHEREFORE , it is respectfully requested that this
2 application be granted and the attached claim be received and
3 acted upon in accordance with Sections 912.4 - 912.8 of the
4
Government Code.
5 Dated: $�p
6
IZABETH S CKELS
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1 TO: HONORABLE BOARD OF SUPERVISORS OF COUNTY OF CONTRA COSTA
2 Claimant, ELIZABETH SICKELS, hereby makes claim against
3 COUNTY OF CONTRA COSTA for a sum that is currently unascertained
4 and makes the following statements in support of the claim."
5 1. Claimant's post office address is 641 Michele Road,
6 Martinez, California 94553.
7 2 . Notices concerning this claim should be sent to
8 ELIZABETH SICKELS, 641 Michele Road, Martinez, California 94553.
9 3. The date and place of the occurrence giving rise to this
10 claim are September 13, 1985 at Pittsburg , California.
11 4. The circumstances giving rise to this claim are as
12 follows: At the above time and place claimant ELIZABETH SICKELS
13 was wrongfully terminated from her position as a Public Health
14 Nurse by COUNTY OF CONTRA COSTA.
15 5. Claimant's damages are special damages for lost income
16 ( past and future ) and general damages for embarassment ,
17 humiliation, chagrin and loss of self-esteem.
18 6. The names of the public employees causing the claimant's
19 injuries are yet to be ascertained.
20 7. As of this date, claimant is unable to determine the
21 value of this claim.
22 Dated: q g4
23
24 E ZABETH SICKELS
25
26
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EXHIBIT A
DECLARATION OF ELIZABETH SICKELS
l I , ELIZABETH SICKELS, declare:
2 That I am the claimant in the above-captioned matter. That
3 through mistake, inadvertence and excusable neglect on my part as
4 well as inexcusable delay and inaction on the part of COUNTY OF
5 CONTRA COSTA, I failed to notify the COUNTY OF CONTRA COSTA of my
6 claim for wrongful termination within the 100-day period required
7 by statute.
8 This action is presented within a reasonable time after the
9 accrual of the cause of action which occurred on September 13 ,
10 1985.
ll I first consulted an attorney on or about October 29 , 1985
12 and was advised that it .would be necessary to obtain copies of
13 employment records for the COUNTY OF CONTRA COSTA in order to
14 make a determination as to the merits of this cause of action.
15 During the ensuing two months to date, several requests were sent
16 to the COUNTY OF CONTRA COSTA for said records, and as of this
17 date the complete records have not been. received.
18 I have been advised by counsel that they are unable to file
19 a claim on my behalf without a final determination as to the
20 merits of this action, but that it would be advisable to submit
21 this application for leave to present a late claim in order to
22 preserve any cause of action I may have.
23 I declare under penalty of perjury that the foregoing is
24 true and correct.
25 Executed at 4ji&� � _, California this �� day of
26 January, 1986.
27
28 a�
EL ABETH SICKELS
EXHIBIT B
CLAIMJAN 0 y 1986
• BOARD OF SUPERVISORS OF CONTRA COSTA COMM,_ CALIFORNIA
Claim Against the County, or District ) NOTICE TO CLAIMANT February 4, 1986
governed by the Board of Supervisors, ) The copy of this document mailed to you is your
Routing Endorsements, and Board ) notice of the action taken on your claim by the
Action. All Section references are ) Board of Supervisors (Paragraph IV, below),
to California Government Codes ) given pursuant to Government Code Section 913
and 915.4. Please note all "Warnings".
Claimant: JOHN W. GLENN
Attorney:
Address: 36601 Cuenca Court
Fremont , CA 94536
Amount: $112, 954. 00+ By delivery to clerk on
CERT P487 776 498
Date Received: January 8, 1986 By mail, postmarked on January 7 . 1986
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated: Jan. 9 , 1986 PHIL BATCHELOR, Clerk, ByDeputy
an Cerve li
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(Check only one)
This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are
so notifying claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. Clerk should return claim on ground that it was filed
late and send warning of claimant's right to apply for leave to present a late
claim (Section 911.3)•
( ) Other:
Dated: By: Deputy County Counsel
III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER By unanimous vote of Supervisors present
(>4 This claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the ard's Order entered in its
minutes for this date.
Dated: M 4 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 of this
notice was personally served or deposited in the mail to file a court action on this
claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this
matter. If you want to consult an attorney, you should do so immediately.
V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator
Attached are copies of the above claim. We notified the claimant of the Board's
action on this claim by mailing a copy of this document, and a memo thereof has been filed
and endorsed on the Board's copy of this Claim in accordance with Section 29703.
( ) A warning of claimant's right to apply for leav to pre ent a late claim was mailed
to claimgnta
DATED, FE- 5 1986 PHIL BATCHELOR, Clerk, By , Deputy Clerk
ec: County Administrator (2) County Counsel (1)
4'
January 7, 1986
CERTIFIED MAIL
Board or Supervisors
County of Contra Costa
651 Pine
Martinez, CA
CLAIMANT: Jonn W. Glenn
36601 Cuenca Court
Fremont, CA 94536
ADDRESS TO WHICH
CORRESPONDENCE
IS TO BE SENT: Same.
DATE, PLACE,
AND CIRCUMSTANCES: January 2, 1986
17tn & Castro Streets
Oakland, CA
County employee ran red light and broad-
sided my auto, pushing it into second auto.
DESCRIP'T'ION OF
INJURY AND DAMAGE: Head, neck, shoulders, and bacK injuries.
1986 Toyota totally demolished
NAME OF PUBLIC
EMPLOYEE: Linda Lisette Watson
Welfare worker at Rodeo Center
County of Contra Costa
BASIS OF
COMPUTATION: Toyota damage . . . . . 12, 354 . UU
Rental car . . . . . . . . 600 .00
Loss of income . . . . To De determined
Medical bills . . . . . To be determined
General damages . . . $lUU, 000 . UU
RECEIVED
JINN 9 1985
PH:I NA"EtOR
CL
S
^p.,u Rj
A CC�51 � nv
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT February 4, 1986
governed by the Board of Supervisors, ) The copy of this document mailed to you is your
Routing Endorsements, and Board ) notice of the action taken on your claim by the
Action. All Section references are ) Board of Supervisors (Paragraph IV, below),
to California Government Codes ) given pursuant to Government Code Section 913
and 915.4. Please note all "Warnings".
Claimant: ROBERT R. SHEETS County Counsel
Attorney: Greve, Clifford, Diepenbrock & Paras JAN 0 4 1986
Address: Attn: Robert L. Collins
P. O. Box 2469 Martinez, CA 94553
Sacramento, CA 95811-24
Amount: Unspecified delivery to clerk on
CERT P 334 433 749
Date Received: January 9 , 1986 By mail, postmarked on January 8, 1986
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated: Jan. 9 , 1986 PHIL BATCHELOR, Clerk, By ° Deputy
n Cervelli
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(Check only one)
V This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are
so notifying claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. Clerk should return claim on ground that it was filed
late and send warning of claimant's right to apply for leave to present a late
claim (Section 911.3).
( ) Other:
Dated: >:J�%, .% �'i �% By: 'r= /-. , ' R_ { � <� Deputy County Counsel
III. FROM: Clerk of the Board TO: (1)''County Counsel, (2) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER By unanimous vote of Supervisors present
This claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its
minutes fq his date.
Dated: E 4 PHIL BATCHELOR, Clerk, By , Deputy Clerk
WARNING (Gov. Code Section 913)
Subject to certain exceptions, you have only six (6)-months from the date of this
notice was personally served or deposited in the mail to file a court action on this
claim. See Government Code Section 915.6.
You may seek the advice of an attorney of your choice in connection with this
matter. If you want to consult an attorney, you should do so immediately.
V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator
Attached are copies of the above claim. We notified the claimant of the Board's
action on this claim by mailing a copy of this document, and a memo thereof has been filed
and endorsed on the Board's copy of this Claim in accordance with Section 29703.
( ) A warning of claimant's right to apply for lea to p esent a late claim was mailed
to claimant.
DATED: X986 PHIL BATCHELOR, Clerk, By , Deputy Clerk
cc: County Administrator (2) County Counsel (1)
LAW OFFICES OF
` GREVE. CLIFFORD. DIEPENBROCK & PARAS
1000 G STREET. SUITE 400
POST OFFICE BOX SACRAMENTO. CALIFORNIA 95811-24692469•
CLAIRE H.GREVE EDWARD T.CLIFFORD OF COUNSEL
ANTHONY C.DIEPENBROCK GEORGE E.PARAS (916) 443-2011 IRVING H. PERLUSS
GERARD A.ROSE LAWRENCE A.WENGEL
GORDON W.COOK WILLIAM C.BARRY
THOMAS S. KNOX RICHARD L. MANFORD GERALD R.JOHNSON(1897-1973)
GARY L.VINSON GARY SCOTT DECKER
E.EARL SECHR15T III DENNIS W. RICHARDSON 1750 MONTGOMERY STREET
LOU15 J.ANAPOLSKY JERILYN PAM SAN FRANCISCO. CALIFORNIA 94111
JOHN M.LEMMON ROBERT K. POLLAK
(415) 543-6564
BRADLEY R.LARSON STEFAN L.MANOLAKA5
PAMELA A.BABICH SUSAN J.SHERIDAN January 8 , 1986 REPLY TO SACRAMENTO
DANIEL P.COSTA MAUREEN A. FALCONER
LINDSAY R,BRACK RANEENE P. BELISLE
WILLIAM L. BAKER ROBERT L.COLLINS TELECOPIER
DANAE A,PARAS PAUL C. KWONG (91G) 441-7457
WILLIAM H.POE JANET BALLOU
CERTIFIED/RETURN RECEIPT REQUESTED
BOARD OF SUPERVISORS
651 Pine Street, Room 106
Martinez, California 94553
RE: Claim Against County of Contra Costa
Claimant ' s Name: Robert R. Sheets
Dear Carolyn:
I enclose herewith an original and one copy of
a claim which is being submitted regarding the above-
referenced claimant. Please return a conformed copy
of this claim to this office in the envelope provided.
Please call should you have any questions .
Very truly yours,
ALINE PERUSSE
..Secretary
Enclosures
RECEIVED
JAN q 1986
ILC.naoil
4`0
TC fjoR
Coss
LAW OFFICES OF
GREVE, CLIFFORD, DIEPENBROCK & PARAS
1000 G STREET. SUITE 400
POST OFFICE BOX 2469
SACRAMENTO. CALIFORNIA 95811-2469
CLAIRE H.GREVE EDWARD T.CLIFFORD OF COUNSEL
ANTHONY C.DIEPENBROCK GEORGE E.PARAS (916) 443-2011 IRVING H. PERLUS5
GERARD A.R05E LAWRENCE A.WENGEL
CORDON W.COOK WILLIAM C.BARRY
THOMAS S.KNOX RICHARD L. MANFORD GERALD R.JOHNSON(1897-1973)
GARY L.VIN50N GARY SCOTT DECKER
E.EARL SECHRIST III DENNIS W. RICHARDSON 1750 MONTGOMERY STREET
LOUIS J.ANAPOLSKY JERILYN PAIK SAN FRANCISCO. CALIFORNIA 94111
JOHN M.LEMMON ROBERT K. POLLAK
(415) 543-6564
BRADLEY R.LAR50N STEFAN L.MANOLAKAS
PAMELA A.BABICH SUSAN J.SHERIDAN December 16 , 1985 _ coy MENTO
DANIEL P.COSTA MAUREEN A. FALCONER
LINDSAY R. BRACK RANEENE P. BELISLE r y*!
WILLIAM L.BAKER ROBERT L.COLLINS }( ��■ LE40P 57
R.
DANAE A.PARAS PAUL C.KWONG LNIEP j,
WILLIAM H.POE JANET BALLOU
JAH 1985
►sae OATCKLOR
E(t% iR. 006 rE rioas
d
CLAIM AGAINST COUNTY OF CONTRA COSTA
(California Government Code §910)
1 . Claimant ' s Name and Post Office Address :
Robert R. Sheets, 15 McCormick Road, El Sobrante, CA 95803 .
2 . Address for Notices in Connection with this
Claim: Robert R. Sheets, c/o Greve, Clifford, Diepenbrock &
Paras, Attention: Robert L. Collins, Post Office Box 2469 ,
Sacramento, CA 95811-2469 .
3 . Circumstances Giving Rise to the Claim: On
November 1 , 1985 , claimant was served with a complaint
entitled:
State Farm Fire and Casualty Company, Plaintiffs,
vs . Robert R. Sheets, George Malaney, Anne Malan_y,
Dennis Woodruff and Becky woodruff, County of
Contra Costa and Does 1 through 50 , Defendants
Said complaint is a complaint for damages and subrogation
(negligence, nuisance, violation of Government Code §835 ,
and inverse condemnation) .
On or about December 20 , 1985 , claimant presented
by the law firm of Greve, Clifford, Diepenbrock & Paras, filed
an answer to the above-mentioned complaint. Copies of the
complaint and defendant ' s answer are attached hereto and
incorporated by reference as Exhibits "A" and "B" , respectively,.
and are incorporated by reference without admitting the truth
of any of the allegations contained therein.
GRE�/E. CLIFFORD. DIEPENBROCK & PARAS
The complaint relates to damages allegedly sustained
by the plaintiff ' s insureds, Harold and Wanda Ricker and Robert
and Frances Flores, to which plaintiff has issued insurance
policies to cover land and dwellings at 4642 Driftwood Court,
El Sobrante, California and 4622 Driftwood Court, E1 Sobrante,
California, respectively. In this subrogation action, plaintiff ,
State Farm Fire and Casualty Company, complains that they are
entitled to compensation for damages to the subject property
which they insure. State Farm alleges that damages have been
sustained to the above-mentioned properties, for which plaintiff
has compensated their insureds . Plaintiff claims that it is
entitled to subrogation and for damages with interest, attorney ' s
fees, appraisal and engineering fees and for costs.
Claimant Robert R. Sheets denies, and continues to
deny all liability in connection with the above-mentioned
lawsuit.
If it should be determined, however, that there was
any liability on claimant ' s part, such liability would be based
on the primary .and active conduct, negligence, strict liability,
nuisance, or other acts or omissions of the County of Contra
Costa. Said entity was negligent in inspection and/or maintenance
of public property and a drainage easement; said entity allowed
a nuisance to exist which had effects to adjacent land, and
thereby causing damages; said entity has failed to provide
facilities for control in handling of water which was allowed
to concentrate and saturate the ground, causing the landslide
complained of in the above-mentioned complaint. The said entity
designed, constructed, operated, or maintained property owned
or controlled by them in such a manner as to cause a dangerous
condition resulting in the damage to the property of others
as alleged in the above-mentioned complaint. Said condition,
maintenance, and operation in control of said property by the
County has existed at least since the spring of 1978 and con-
tinuing to the present.
4 . General Description of the Obligation: Claimant,
Robert R. Sheets, contends that County of Contra Costa is
obligated to defend, indemnify, and hold harmless claimant,
in the lawsuit referred to above, and if claimant somehow
incurs liability to any plaintiff, claimant shall be entitled
to contribution, comparative indemnity, equitable indemnity,
and/or a portion of such liability.
5 . Names of Public Employees Causing Injury:
Unknown at the present time.
-2-
CREVE, CLIFFORD, DIEPENBROCK Fs PARAS
6 . The Amount Claimed as of the Date of Presentation
of this Claim: Claimant denies that plaintiff .is entitled to
any recovery or damages of any sum or sums whatsoever. Based
on the stage of the above-mentioned case, the damages and/or
expenses which might be incurred by this claimant in connection
with said case cannot be reasonable estimated at this time.
However, plaintiff in the above-mentioned lawsuit apparently
seeks a minimum of $90, 000 .00 as their subrogation interest,
excluding fees and costs . The extent of other claimed damages
are unknown . In any event, if this claimant incurs any
investigative costs , legal expenses, court costs or liability
for damages , claimant claims reimbursement of the same from
the County of Contra Costa.
DATED: December12 , 1985 .
GREVE, CLIFFORD, DIEPENBROCK & PARAS
By
r;• ROBERT L. COLLINS
-3-
SUFAl.PAN-S
(CMAs:ION ..rMCIAL)
NOTICE TO DEFEhE)ANT: (Aviso a Aeusado) rfO`OP41" MDrt"roer:,
ROBERT R. SHEETS, GEORGE MALANEY, ANN MALANF,Y,
DENNIS WOODRUFF and BECKY WOODRUFF, COUNTY OF
CONTRA COSTA and DOES 1 thiough 50 ,
YOU ARE BEING SUED BY PLAINTIFF:
(A Lld. le este d►1-1;an,-lando)
STATE FARM FIRE & CASUALTY COMPANY
You have 30 Cl,f END_4R DAYS after C-;s sun- D��pv& de gore le entreguen esta cifacidn judicia!
mons is ser ped on you to file a typewriven re- tiene un plazo de 30 DIA S CALEtiuA.R*5 -,,ra.p.c.1: r..irr
sponse at this court. una respuesla escrita a rnlquina en esta Corte.
A letter or p`,one call will not protect you: our Una Carta o una Yamada teleftirrica no le ofn-ce i
typewritten response must be in proper legal prrileccion; su respuesta escrita a maquina ti.rfe qc:e
form if you want the coue to hear your case. cumplir con las formulidades lcgake aprop;adas si ucted
If you do not file your response on time, yo:, may
quiere que la torte escuche su rasa
lose the case. and. your wa3es, money and pro- Si usted no presenta su "puesta a tiernpo, puede p,.,rd r
perty may be `akin without further warning fron, el caro, y le p.;eden quil3r su salario, su d.ne-o y of.,s cues
the court. de su prop,`--,dad sin atisc adic;onal For parte de is core.
There are other legal raquiraments. You may fxisten otrn- s requis`tos legates. Pude que uitecl q.:'era
want to call an attorney riyjht aYr3y. K you do not llamar a un ab<-vdo inmedatamente. Si no c.-race a un
know an attorney, you may Call an ami'ey refer- ab,:;g3d(.t, puede /tenter a un senk-io de de
ral se:v;ce or a regal aid office (listed in the phone abo&+dos o a urfa oficina de ayuda fe,-I:l (: a 4l dirtat rio
book). felefirrit'o).
The name and a{d!es;. of the e; r�•- r (�
C4Vrt S. (f! nUmh!e t Ci;rC'i C+6n de iJ CO 7E �S f }
f.r V t�'� .j lJ
Contra Costa Cc,,,-,Ly Superior Court ---- -------.....--
P.O. Box 911
Contra Costa Co,,inty Courthouse
Martinez , California 94553
Tr.e n5,:ne, addss, and of pt=;,,-t'ff's attorney, o- plaintiff without an a`.Jr.^ey, is•
El n nb;e. !a d,r r
� G C:i�Un c, ..-';e;:_ do (r";r,'Jn0 de; db,^gdj0 ^2, 1-c'"rdndd.'l:E'; D dei vE!':dndd;7i2 q,JP n0 :!one dv:rK3C'(i. C;
James M. Harris, Esq. Tele,_,,.one : 415/548-7474
York, Buresh & Kapi-an
1708 Shattuck Avenue
Berkeley, California. 9479
C
DATE: JAN 2 6 I�' 1. R• �t_ :.�� � Clerk, by ---- • Di�_A
TsE OT0 E TO THE SER'+ . You are serve
1. F_1—l. as ar. j0;dant.
2. t : as tine pzrson Sired ,;nder t~e fictitious name of ;'specify):
3. [ ] on be`�a:f of (specify):
under. � 1 CCP 41 .10 1,corp:•r3tion) [� CCP 416.60 (rn r•or;
1 CCP 4tr.7.0 (defunct cor,x.r.,tion) [_� Cl-,P 416.70 (•,on;g:,a.�.g;
CCP 416.40 (asses-6ation o• partnership) [:] CCP 416.-0 i,fdi,irual)
of EXHIBIT "Ann
26 1-9084
I JAMES M . HARRIS ',:rk
YORK, PURESH & KAPLAN C C0771 k- C.
2 1708 Shattuck Avenue By
Berkeley, CA 94709 VV C,t.)K e!, Oep ly
3 Telephone: ( 415 ) 548-7474
4 Attorneys for Plaintiff ,
STATE FARM FIRE & CASUALTY COMPANY
5
6
SUPERIOR COURT OF CALIFORNIA
7 COU14TY OF CONTRA COSTA
8 r
L
9 STATE FARM FIRE & CASUALTY 2%5- 5 4 9
COMPANY, NO.
C
10
Plaintiff ,
COMPLAINT FOR DAMAGES
VS . AND SUBROGATION
7- 4 12 (NEGLIGENCE, NUISANCE,
X ; FOBERT R. SHEETS, GEORGE MALANEY, VIOLATION OF GOVERNMENT
13 ANN MALANEY., . DENNIS WOODRUFF and CODE 835, AND INVERSE
BECKY ..W-DODRUFF,, COUNTY OF CONTRA CONDEMNATION)
14 ii COSTA and DOES 1 through 50 ,
i5 Defendants . C12
16
17 Plaintiff alleges as follows : ... ..
4\
18 GENERAL ALLEGATIONS
19 I 1 . Plaintiff STATE FARM FIRE & CASUALTY COMPANY, is and at
20 all times herein mentioned was, a corporation duly organized and
21 existing under the laws of the State of Illinois .
22 li 2 . Defendant ROBERT R. SHEETS is a resident of Contra Costa
------------------
23 County, California and is the owner and developer of a lot and
24 1 improvements thereon, known as 15 McCormick Road, El Sobrante,
'V
25 I Contra Costa County, California 94803 .
26
1
•1 3. Defendants GEORGE MALANEY and ANN MALANEY are residents of
2 Contra Costa County, California and are the owners and developers
3 of certain real property with improvements thereon, known as, 626
4 La Paloma Road, E1 Sobrante, Contra Costa County, California
5 94803.
6 4 . Defendants DENNIS WOODRUFF and BECKY WOODRUFF are resi-
7 dents of Contra Costa County, California and are the owners and
i
8 i developers of real property and improvements located thereon,
i
9 known as 616 La Paloma Road, E1 Sobrante, Contra Costa County,
= 10 i California 94803 .
r3
,f 11 5. The true names or capacities , whether individual , corpor-
oZS < 12 ate , associate or otherwise, of defendants named herein as as
Y � '
13 DOES 1 through 50 , inclusive , are unknown to plaintiff who there-
14 fore sues said defendants by such ficticious names . Plaintiff
d o
15 will ask leave to amend this complaint to show their true names
L �
} 16 and capacities when they have been ascertained . Each of the DOE
17 j defendants is responsible in some manner for the events herein
18 referred to, and have caused damage and injury proximately there-
19 by to plaintiff .
20 I 6 . Each of the defendants sued herein was at all times the
21 agent and employee of each of the other defendants and was at all
22 times acting withing the purpose and scope of said agency and
23 employment .
24 7. Plaintiff STATE FARM FIRE & CASUALTY COMPANY issued
25 policies of insurance to HAROLD and WANDA PICKER and to ROBERT
26 and FRANCES FLORES to cover dwellings and appertinent lands
2
i
1 located at 4642 Driftwood Court, EI Sobrante, California and 4622
2 Driftwood Court, E1. Sobrante. California, respectively.
3 FIRST CAUSE OF ACTION
(Negligence Against Defendants Sheets, Malaney,
4 Woodruff and Does 1 through 20)
5 8 . Plaintiff incorporates by reference paragraphs 1 through
6 7 of the complaint as alleged herein.
7 9 . Defendants SHEETS, MALANEY, WOODRUFF, and DOES 1-20 were
8. ' at all times mentioned herein, the owners of real property with
9 j lots that abut upon a_-. natural drainage area and a drainage ease-
(t 10 ment recorded on , maps of tract 2293 in the County of Contra
� a
� R 11 1 Costa , California .
Q 12 I 10. Plaintiff is informed and thereon alleges that said
Y " I �
3 ir
" 13 J( defendants , and each of them, so negligently owned , developed ,
,r� 14 ! and maintained their properties as to cause unengineered fill on
Y
^ w 15 their respective properties to slide, blocking the natural and
-- -
}0 16 artificial drainage ways at the rear of their properties .
17 j 11 . The blockage of the drainage ways at the rear of defer-
18 dants ' properties has dammed-up and caused a diversion of the
19 i waters intended to flow through ^the drainage area . The waters
20now flow through subsurface channels and have caused a weakening
21 of the soils on the lots to the south of Driftwood Court .
22 12. On or about March 31, 1983 , the slope on the south side
23 of Driftwood Court failed, causing damage to the lands and
24 improvements thereon, among which are the dwellings owned by Mr.
25 and Mrs . Bricker and Mr. and Mrs. Flores and which are insured by
26 plaintiff .
3
.I
1 13 . Plaintiff is informed and believes and thereon alleges
2 that the damage to the insured properties would not have occured
3 but for the presence of subsurface waters caused by the damming
4 and diversion of the natural and artificial drainage ways located
5 at the rear of defendants ' properties .
6 i 14 . Plaintiff has been require3 under the terms of the
7 I insurance policies in force to expend sums of money in order to
8 ! repair the lands and improvements located thereon damaged by the
9 actions of defendants . Plaintiff is subrogated to the rights of
10 its insureds to recover its expenditures from responsible parties
L) r< 11 and hereby makes claim for the damages incurred, which amount is
7
oZS < 12 presently unknown due to the continuing nature of the damages ,
Y Lr
lu3 13 but will be alleged and proven hereafter at trial .
D v. 14 SECOND CAUSE OF ACTION
o � (Negligence Against County of Contra Costa
15 I and Does 20 through 40 )
L
0 16 15. Plaintiff incorporates by reference paragraphs 1
i
17 through 14 of the complaint as alleged herein.
18 16 . At all times mentioned herein, the COUNTY OF CONTRA
19 I COSTA was a public entity organized and duly existing under laws
20 of the State of California.
21 17 . Plaintiffs are informed and believe and thereon allege
22 that defendants COUNTY OF CONTRA COSTA and DOES 20 through 40,
23 inclusive, were the public entities responsible for the regula-
24 tion and inspection of the development of the properties belong-
25 ing to the other named defendants.
26
4
1 18. Plaintiffs further allege that defendants, and each of
2 them, failed to take reasonable care in the regulation, enforce-
3 ment, inspection or testing of fill placements and improvements
4 located on the properties in and around the area of the drainage
5 easement recorded on maps of tract 2293 in the County of Contra
6 Costa , California .
7 i 19 . The acts and omissions of defendants , and each of them,
8 as alleged , herein proximately caused the earth movement and
9 landslide on the properties insured by plaintiff , destroying and
C 10 I damaging improvements thereon.
rd '
2 11 1 20 . By reason of the foregcing acts and omissions of defen-
Y
cz 12 dants , plaintiff has been required under the terms of the insur-
13 j ance policies in force to expend sums of money to repair the
i 14 lands and improvements located thereon, owned by plaintiff ' s
c
en 15 i policy holders. Plaintiff is subrogated to the rights of its
L
0 16 insureds to recover its expenditures from responsible parties and
17 I7hereby makes claim for the damages incurred , which amount is
18 presently unknown but which will be shown hereafter at trial .
19 THIRD CAUSE OF ACTION
(Violation of Government Code Section 835 -Against
20 Defendants County of Contra Costa and Does 20 through 40)
21 I 21 . Plaintiff incorporates by reference paragraphs 1 through
22 20 of the complaint as alleged herein.
23 22 . Plaintiff is informed and believes and thereon alleges
24 that defendants COUNTY OF CONTRA COSTA, SHEETS, WOODRUFFS,
25 MALANEYS and DOES 1 through 50, have at all times had an owner-
26 ship interest in a drainage easement located to the west of
5
i
I Driftwood Court, E1 Sobrante, California, recorded on tract map
2 2293 . Plaintiff is presently unaware of the exact nature of the
3 respective ownership interests of these defendants, and when such
4 exact interests have been ascertained , plaintiff will ask leave
5 of this court to amend this complaint to allege such interests .
6 23 . Commencing with the Spring of 1978 and continuing to
7 I present, the ownership and maintenance of the drainage easement
8 by defendants COUNTY OF CONTRA COSTA and DOES 20 through 40 has
9 created a dangerous condition in the drainage easement and upon.
10 properties adjacent thereto, with a reasonable forseeability that
d � I
Yzz 11 injury would result to neighboring properties .
ion Q 12 I 24 . Plaintiff ' s insureds did actually sustain injury to i
i L 13 1 their property as a direct result of the dangerous condition
ol
14 I which existed in and around the drainage easement, such that
o6
15 damage has occurred to the lands and improvements insured by
L
0 16 plaintiff .
17 i 25 . Defendants, and each of them, had knowledge of the
18 i •dangerous condition on their property sufficiently in advance of
19 the actual injury suffered by plaintiff ' s insureds and could have
20 taken measures to protect against the dangerous condition.
21 26 . Defendants, and each of them, failed to take such cor-
I
22 rective measures, thereby causing injury and damage to plain-
23 tiff ' s insureds to an extent and amount which will be shown
24 hereafter at trial.
25 27. By reason of the foregoing acts and omissions of defen-
26 ' dants, plaintiff has been required under the terms of the insur-
6
I ance policies in force to expend sums of money to repair the
2 lands and improvements located thereon, owned by plaintiff ' s
3 policy holders. Plaintiff is subrogated to the rights of its
4 insureds to recover its expenditures from responsible parties and
5 hereby makes claim for the damages incurred, which amount is
6 presently unknown but which will be shown hereafter at trial .
7 I 28 . As subrogee of its insureds, plaintiff has incurred and
8 I will incur, attorneys fees , appraisal fees , engineering fees and
I
9 other costs because of this proceeding, in amounts that cannot
C 10 yet be ascertained , which are recoverable in this action under I
CL c
10 u:R 11 the provisions of Section 1036 of the Code of Civil Procedure . j
o� 12 FOURTH CAUSE OF ACTION
(Nuisance Against All Parties)
� v) 13
29 . Plaintiff incorporates by reference paragraphs 1 through i
V, 14
ace 28 of the complaint as alleged herein.
15
L m 30 . At all times herein mentioned, defendants COUNTY OF
} 16 --.
CONTRA COSTA, SHEETS, MALANEYS, WOODRUFFS and DOES 1 through 50 ,
17
; .have improperly used , filled, and maintained ,the drainage ease-
18 -
ment in such a manner as to constitute a continuing nuisance to
19
the property of plaintiff ' s insureds in that said use and main-
20
tenance diverted the natural and artificial surface waters from
21 -------
the drainage easement into subsurface areas which have ulti-
22 - --
mately caused the weakening of soils and movement thereof in and
23 _
around the properties of plaintiff ' s insureds .
24
31 . Said use and maintenance of the drainage easement by
25
defendants, and each of them, constituted a nuisance within the
26
7
I
it I
�I
1 meaning of Section 3479 of the Civil Code, in that it interfered
2 with the comfortable en-jormient and free use of plaintiff ' s
3 ' insured ' s propety. Defendants and each of them have been placed
4 on notice of the damage caused by said nuisance, and have been
5 requested to abate said nuisance, but defendants and each of them
6 have refused and continued to refuse to abate said nuisance.
7 I 32 . As a result of said nuisance, plaintiff ' s insureds .have
I
8 I been damaged in an amount which will be proven hereafter at
9 I trial . Plaintiff is subrogated to the right of its insureds to
10 recover damages from the responsible parties and hereby makes
Y ? R 11 claim for said amount which is presently unknown , but which will
o� 12 be shown hereafter at trial .
Y
V) 13 FIFTH CAUSE OF ACTION
(Nuisance Against the County of Contra Costa
14 I and Does 20 through 40)
O Y �
cm 15 i 33 . Plaintiff incorporates by reference paragraphs 1 through
0 16 32 of the complaint as alleged herein.
i
17 i 34 . Defendant COUNTY OF CONTRA COSTA and DOES 20 through 40,
18 use, control and maintain a drainage easement located to the east
19 of Driftwood Court and recorded in the plot maps for tract number
20 2293 of the County of Contra Costa, California.
21 35 . Said drainage easement is maintained and controlled by
22 defendants, and each of them, for the benefit of the public for
23 the discharge of surface waters and storm overflow from an area
24 southward f rom .Pebble Drive, E1 Sobrante, California .
25 36. Defendants and each of them, were placed on notice of
26 the damming and diversion of the drainage in the easement since
8
I
I!
1 the Spring of 1978 and continuing to the present . In spite of
2 such notice, defendants , and each of them have continued to allow
3 I surface waters to drain into the dammed area for the benefit of
4 the County residents, but in such a way as to endanger the pro-
s perty of plaintiff ' s insureds .
6 37 . The continued use of the drainage easement by the COUNTY
7 OF CONTRA COSTA and DOES 20 e through 40 in spite of the knowledge
9 P g
I
8 I of defendants and each of them that such use was damaging the
9 i property of plaintiff ' s insured , constitutes a taking of the pro-
10 I perty of plaintiff ' s insureds for the public good for which
� Q �
YwR 11 i plaintiff ' s insureds should be compensated for their damage in an
{ off, 12 1 amount according to proof at trial .
Y
i 13 38 . On or about June 22 , 1983 , plaintiff caused to be pre-
14 sented to the County Offices of defendant COUNTY OF CONTRA COSTA
co
o Y
15 a claim for damages sought in this action, a copy of which claim
L
16 is attached hereto as Exhibit "A" , and incorporated herein by
17 _reference . On or about July 26 , 1983, defendant COUNTY OF CONTRA
18 COSTA rejected plaintiff ' s claim and served a statutory notice of
19 i rejection of such claim on plaintiff , indicating that plaintiff
20 I had six months from the date of the rejection notice to file a
21 court action on this claim pursuant to Government Code Section
22 945 . 6. This action is filed within the six month period set
23 forth in Government Code Section 945. 6 . A copy of said notice of
24 rejection is attached hereto as Exhibit "B" and is incorporated
25 by reference.
26
9
i
1 39. Plaintiff ' s insureds have received no compensation from
2 defendants COUNTY OF CONTRA COSTA and DOES 20 through 40 not from
3 any other public entity for the damage to their property.
4 Because of the loss of lands and improvements owned by plain-
s tiff ' s insureds, plaintiff has been required to expend sums of
6 I money to repair the damage to said property. Plaintiff is sub-
7 rogated to its insureds ' rights to recover these expenditures
8 from the public agencies whose actions resulted in the taking of
9 I said property for the public use.
10 WHEREFORE, plaintiff prays judgment against defendants
ft 11 and each of them as follows :
Y � I
oz, 12 1 . For damages in an amount that will be proved at trial
f � 13 with interest thereon at the legal rate from the date of damages ;
14 2 . For reasonable attorneys ' fees , appraisal and engin-
rn G
€ t 15 I eering fees, according to proof ;
0 16 j 3 . For costs of suit herein incurred ; and
17 4 . For such other and further relief as this court may
18 deem just and proper.
I
19 DATED: January 25, 1984
20
21 YORK, BURESH & KAPLAN
22
23 BY �`' `
JAMES M. HARRIS
24 Attoneys for Plaintiff
25
26
10
I
I
,i
June 22 , 1483 ►- ti
0
U JyQI S r •.� :..- N Y
0
Board of Supervisors N
Contra Costa County
t- 1:
4 �� sn,
651 Pine Street , 1st Flo W + .
Martinez , CA 94553 w —
o`
RE : Claim Number : 470 02 .
Date of Loss : 03 31 83
Location : 4622 Driftwood Court , E1 Sobrante , CA
Insured : Flores , Robert & Frances
Gentlemen :
Our investigation of this loss has revealed that you are respon-
sible for the property damage to our insured ' s property . Due to
your failure to abate the dangerous condition , our insured has
suffered a severe loss to his property.
This letter will serve as notification of our subrogation interest
in the amount of $90, 000. 00.
A follow-up letter in detail with related reports , theory of
liability , and cost will follow.
Should you have any questions regarding this loss , please feel
free to contact my office by phone or mail.
Very truly ,yours ,
LILLIE POLAND
Sr. Field Clains Representative
LN : as
Exhibit "A-1"
U3 _
_ }6
.rte LL
C •' illi ;± Q: i
July 5'. 1983 M+ CL
W o
•"" _ N Y
C dnlae
O t? fir. I a
-
U_ o t
N
531AOS IV4011dG
Mr. John B. Clausen a ��
I,- o g
County Counsel LU z 1 = k. �s33�WLi >sdwisoelnnsNG. ��,,,�;,
P. O. Box 69 w �` 1
Martinez , CA 94553-0116
RE: Claim Dumber : L70 024
Date of Loss : 03 31 83
Our Insured : Flores , Robert & Frances
Location : 4622 Driftwood Ct . , E1 Sobrante , CA 94803
Dear Mr. Clausen :
We have received your notice of insufficiency and/or non-
acceptance of claim. This letter is to advise you that we
desire that you present all notices to P. O. Box 6265 , Albany ,
California, 94706 (3254-B Pierce Street , Richmond , CA 94804 ) .
Our information is that as early as 1978 , the County placed
Dennis and Becky Woodrift on notice to cease and quit illegal
dumping. This illegal dumping blocked the culvert , and in
Varch 1983 , this blocked culvert caused a ponding effect behind
the slide which allows water to percolate under the hill and
is a direct cause of the landslide problem experienced by our
insured.
The- County of Contra Costa is negligent in the handling of this
matter . This illegal dumping and blocked culvert has never been
remedied. And the nuisance continued to exist and to cause
problems to the lateral support .
This letter is notice of our subrogation interest in this patter.
Very truly yours ,
LILLIE IOLAND
Sr. Field Claims Representative
Lavas
i
Exhibit "A-2"
i
NOTICE OF INSUFFICIENCY
NON-ACCF. TANAR OF CLATM JUL 2 �98�
TO: :tate T'arm Fire S Csualty Co. (Flores, Robert d Frances Insured)
Albany dill Service Center
P.P. Cox c26F,
Alb"ny, CA 9470b
Re: Clair. of tate farm Firc b Casualty Co. (Flores, Robert 6 Frances
Insured)
Please Tbke 11otice as follows:
The claim you presented against the County of Contra Costa fails to
comply substantially with the requirements of California Government
Code Sectiorn 910 and 910.2, or is otherwise insufficient for the
reasons checked below, or will not be accepted for filing for the
reasons checked below.
1. The claim fails to state a cause of action against the County
of Contra Costa or any employee thereof.
2. The claim was not presented within the time limits prescribed
In California Government Code Section 911.2.
3. The claim fails to state the name and post office address of
the claimant.
X 4. The claim fails to state the post office address to which
the person presenting the claim desires notices to be sent.
X 5. The claim fails to state the date, place or other circum-
stances of the occurrence or transaction which gave rise
to the claim 6ssert�
X 6. The claim fails to state the neune(s) of the public employee(a)
causing the Injury, damage, or loss, if known.
7. The claim fails to state the amount claimed as of the date
of presentation, the estimated amount of any prospective
Injury, damage, or loss so far as known, or the basis of
computation of the amount claimed.
d. The claim is not signed by the claimant or by some person
on his behalf.
g. Other:
• i
JOHN H. CLAUSEN, County Counsel
By; V" ��• ,r l
Deputy County Counsel �i
CERTIFICATE OF SF.RVIC1: BY MAIL
(C.C.P. § , 1613a. 2015.5; Ev! .C. §§641, 664)
Soy business address Is the County Counsel's Office of Contra Costa
County, Co. Admin. Bldg. , P. 0. Box 69, Martinez, California 94553. and
1 am a citizen of the United States, over 16 years of age, employed in
Contra Costa County, and not a party to this action. I served a true
copy of this Notice of Insufficiency and/or Non-Acceptance of Claim by 1
placing it In'an envelope(s) addressed as shown above (which 1s/are
place(s) having delivery service by U.S. Mail), which envelope(m) was
then sealed and postale fully prepaid thereon, and thereafter was, on j
this day deposlte*d in the U.S. Mail at Martinez/Concord, Contra Costa
County, California. `
I certify under penalty -of perjury that the -foregoing is true and correct. I
Dated: June 30, 1983 , at Martinez, California.
cc: C1erx of Board of Supervisors (riginal)
Administrator
CC-33: 200:3/78
(NOTICE OF INSUFFICIENCY BF CLAIM; GOVT. C. 5§910, 910.2, 910.4, 910.8)
Exhibit "B-1"
AMENDE'
- U�
CLhIh 28 199
BOARD CF VZOn OF CCtM7A COM COfJtTY, CALIFVFVIA BCAYO ACTION F
Inst the 6mmty, ) N= 7o mAIMpm July 26, 1983 !
x3orsements, and ) The copy of this document to you is your
on. (All Section ) active of the action taken on your claim by the
> are to California ) Board of Supervisors (Paragraph III, below) , ,
Code.) ) given pursuant W CtnuiTrrent Code Sections 913
i 915.4. Please note the "wan-dng" below.
State Farm Fire Casualty Co. (Flores, Robert & Frances Insured)
Albany Hill Service Center
P.O. Box 6265 v..
Albany, CA 947o6
$901000. 00 via County Counsel
By delivery to Clerk or. July 7.L 1983 -
Md: July 7, 1983 By mail, postmarked on
Certified P24 31490
DM: Clerk of the Board of Supervisors 70: County Counsel
AMENDED
torched is a copy of the above-noted Claim.
7/7/83 J.R. CLSSCK, Clerk, By JDeputy,
een a o
V: County Cb 10: Clerk of Board of Sspervisors
peck one Tly)
Claim ocplies substantially with Sections 910 and 910.-2.
s Claim FAILS to comply substantially with Sections 910 and 910.2, and we
so notifying claimant. The Board cannot act for 15 days (Section 910.6) .
-im is not timely filed. Board should reject claim on clrola�d that it was
ed late. (5911.2)
JOPN B. CIAUSEr7, Cbmty Ansel, By - , Deputy
• I
By vote o Supetvi s p7sent
x
slclaim is rejected in full.
-
r, claim is rejected in full because it was not presented within the time - "
7wed by law.
rrtify that this is a true and correct of the Board's ceder entered
Its minutes for this date.
L 2 61983 J.R. MESON, Clerk, by , qty
10YOII4G ((bv't. C. 5913)
S'&ject to certain exceptions, you have only six (6) months frau
Ete this active was personally delivered oar deposited in the mail to
court action on this claim. See Goverment Code Section 945.6.
You may seek the advioe of any atttrney of your dioioe in coni ection
.)-.Is ratter. If you want to consult an attorney, you should do so
• 1 EDWARD T. CLIFFORD, ESQ.
ROBERT L. COLLINS , ESQ.
2 GREVE, CLIFFORD, DIEPENBROCK & PARAS
1000 "G" Street, Suite 400
3 Post Office Box 2469
Sacramento, California 95811-2469
4 Telephone: (916 ) 443-2011
5 Attorneys for Defendant
ROBERT R. SHEETS
6
7
8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF CONTRA COSTA
10
11 STATE FARM FIRE & CASUALTY ]
COMPANy, ]
12 ]
Plaintiff, ] No. 255495
13 ]
VS . ] ANSWER TO COMPLAINT
14 ]
ROBERT R. SHEETS, et al . , ]
15 ]
Defendants . ]
16
17 COMES NOW Defendant, ROBERT R. SHEETS, and in answer to
18 the allegations of the Unverified Complaint on file herein,
19 admits , denies , and alleges , as follows :
20 1 . Under Code of Civil Procedure Section 431 .30 (d) ,
21 this answering Defendant denies each and every allegation in said
22 Complaint, and each part thereof, both generally and specifically,
23 and in this connection denies that Plaintiff has been damaged in
24 the sum or sums therein alleged, or in any other sum or sums, or
25 otherwise, or at all , and further specifically denies that said
26 Plaintiff is entitled to any relief whatsoever from this answering
EXHIBIT "B" —
1 Defendant.
2 AS AND FOR SEPARATE, DISTINCT, AND AFFIRMATIVE
3 DEFENSES TO THIS COMPLAINT, AND EACH ALLEGED CAUSE OF
4 ACTION CONTAINED THEREIN, DEFENDANT ALLEGES AS FOLLOWS:
5 1 . The Unverified Complaint herein, and each and every
6 cause of action thereof, fails to state facts sufficient to
7 constitute a cause of action against this answering Defendant .
8 2 . Defendant is informed and believes, and thereon
9 alleges , that said damages sustained by Plaintiff, if any there
10 were, were proximately contributed to, or caused by, carelessness,
11 negligence, fault, or in some manner, by persons, corporations
12 or other entities other than this answering Defendant, for whom
13 this answering Defendant is not legally responsible.
14 3 . This answering Defendant is informed and believes,
15 'and thereon alleges , that Plaintiff ' s insureds , were themselves
16 careless and negligent in and about the matters alleged in the
17 Complaint, and that said carelessness and negligence on the part
18 of Plaintiff ' s insureds proximately contributed to or caused, the
19 happening of the accident, injuries and damages complained thereof,
20 if any there were, and said negligence on the part of said
21 Plaintiff ' s insureds shall diminish any recovery by Plaintiff
22 herein, in direct proportion to the extent of negligence under the
23 doctrine of comparative negligence as set forth in the Li v. Yellow
24 Cab (1975) 13 Cal .3d 804 .
25 4 . This answering Defendant alleges that Plaintiff ' s
26 insureds failed to mitigate their damages .
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1 5 . This answering Defendant alleges that Plaintiff' s
2 insureds knew, or should have known, of the risks and dangers
3 involved, and that said Plaintiff' s insureds voluntarily, and
4 with knowledge, assumed the risks and dangers involved, and that
5 its assumption was the sole, proximate cause of the injuries and
6 damages allegedly sustained by Plaintiff' s insureds, if any there
7 were, and for which Plaintiff paid to their insureds.
8 6. This answering Defendant alleges that he is the
9 successive owner of the property as described in the Complaint,
10 and prior to being served with the Complaint in this action, had
11 no notice or knowledge of the nuisance alleged in Plaintiff' s
12 Complaint.
13 7. Defendant alleges that the Complaint, and each cause
14 of action therein, is barred by the provisions of the statute of
15 limitations, in particular, but not restricted to Code of Civil
16 Procedure Section 340 and Section 343.
17 8. Defendant alleges that the Complaint, and each cause
18 of action therein, is barred by the provisions of the statute of
19 limitations, in particular, but not restricted to Code of Civil
20 Procedure Section 338 .
21 9. Defendant alleges that said activity was permissible
22 under County/City ordinances and completed under permit.
23 WHEREFORE, Defendant prays for judgment as follows:
24 1. That the Complaint, and each alleged cause of action
25 contained therein be dismissed;
26 2. That this Defendant recover his costs of suit
- 3 -
1 incurred, including attorney 's fees; and
2 3 . For such other and further relief as the Court deem
3 just and proper.
4 DATED: December , 1985 .
5 GREVE, CLIFFORD, DIEPENBROCK & PARAS
6
By
ROBERT L. COLLINS
8 Attorneys for Defendant
ROBERT R. SHEETS
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1 PROOF OF SERVICE BY MAIL
2 I , the undersigned, say:
3 I am a citizen of the United States and a resident of the
4 county aforesaid; I am over the age of eighteen years and not a
5 party to the within entitled action; my business address is
6 1000 G Street , Suite 400 , Sacramento , California 95814. On
i
December i 19 85 , I served the within
8 ANSWER TO COMPLAINT
9
10
11 on the parties in said action, by placing a true
12 copy thereof enclosed in a sealed envelope with postage thereon
13 fully prepaid , in the United States mail at Sacramento,
14 California addressed as follows :
15 JAMES M. HARRIS, ESQ.
16 York, Buresh & Kaplan
1708 Shattuck Ave .
17 Berkeley, CA 94709
18
19
20
21
22 I , ALINE PERUSSE certify under penalty of
23 e r ur
p j y, under the laws of the State of California, that the
24 foregoing is true and correct.
25 Executed on December 19 85 , at Sacramento,
26 California.
_ J _