HomeMy WebLinkAboutMINUTES - 10071986 - 1.19 CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District governed by)
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 7 , 1986
and Board Action. All Section references are to ) The copy of this document mailed to you is your
California Government .Codes. ) notice of the action taken on your claim by the
Board of Supervisors (Paragraph IV below),
Amount: Undeterminecr given pursuant to Government Code Section 913 and
915.4.. Please note all "WARNINGS". Co
Ur1ty Counsel
CLAIMANT: MACY' S CALIFORNIA #280774 SEP
1 r 19as
c/o Daniel M. Crawford, Esq.
ATTORNEY: Carroll , Burdick & McDonough Martinez, CA 94553
One Ecker Bldg. , Suite 400
ADDRESS: San Francisco, CA 94105 Date received
BY DELIVERY TO CLERK ON: September 12 , 1986
BY MAIL POSTMARKED: September 11 , _1986
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL BATCHELOR, CLERK
DATED: September 15 , 1986 BY: Deputy
L. Hall
II. FROM: County Counsel T0: Clerk of the Board of Supe 61",
CA Thi�s yy,laim complies -substantially with eytioniecti
10 a 10.2
c� O. D y� 9.
( This claim FAIL complysubstantia w h ns 91 an 910.2, and we are so notif in
clai,oa t. The Boar not act for 15 days tion 10.B).1,hA/' ��d�''L
Zk�led.�The Cler should return claim on g o nd that it w filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: v2v1J 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 me din its minutes for this date.
0 C T 0 71986
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`terved
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.
CC: Claimant County Counsel County Administrator
LbI TO:; BOARD OF SUPERVISORS OF CONTRA COP*QY'appiicationto:
'A Instructions to ClaimantC!erk of the Board
&6,/P,„ a .S./.� ilio 6
r 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. 911.21 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 entityt 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 )Rese A fnr Clirk's filing stamps
Macy's California )
RECEIVED EC
EIVED
11)
Against the COUNTY OF CONTRA COSTA) ��
or DISTRICT) ePA
sEAsF1 1n name sy .. .. .. . ..... uty
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:
---------------------------z--------------------------------- ---
l. 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 plaintiffs Lodge on July 21, 1986 , and Macy' s cause
of action for_indejwltty-.d .,that rlat
I. Where did the damage or_ injury occur? (Include city and county)
Sunvalley Shopping Center, City `of Concord, County of
Contra Costa.
-T----o --- -�•- ------ --------------------- -
3. Hw- did--the-damage-or..in3ury occur? (Give lull details, use extra
sheets if required)
See attached Page 1 .
4. What articular 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? 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? (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 some persorl, o behalf. "
Name and Address of Attorney
Daniel M. Crawford, Esq. laima Signature
Carroll , Burdick & McDonough for : Macy 's 1 ' fornia
One Ecker Bldg. , Suite 400 P. O. B dry 8
San Francisco, CA 94105
ox
Telephone No. 415/495-0500 San Francisco, CA 94120
Telephone No. 415/954-6014
Attn : William H. Kin , Vice Pres .
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
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 who were Gary Lodge,
Cindy Lodge, ' Christina Lodge and Julie Lodge. The Lodges
are claiming damages set forth in their complaint filed on
May 23 , 1986 , a copy of which is attached hereto as Exhibit A.
6 . Plaintiffs seek general damages within the jurisdiction
of this court, medical expenses , past, present and future, wage
loss , past, present and future, loss of earning capacity, costs
of suit, prejudgment interest, such other and further relief
as is just, and punitive and exemplary damages . See Exhibit A .
Macy ' s claim is for complete and/or partial indemnity of any
recovery against Macy's by the Lodges and other parties claiming
damages due to the aircrash. The accident out of which the
claim arose occurred on December 23 , 1985 . The cause of action
for indemnity arose on July 21, 1986 , when Macy ' s was served
with the lawsuit filed by the Lodges .
,
- 1 MARVIN K. LEWIS, ESQ.
(SPACE BELOW FOR FILING STAMP ONLY)
2
3 LEWIS & LEWIS n j?
ATTORNEYS AT LAW �� J U
4 PENTHOI'SE-AMERICAN SAVINGS BUILDING Pj
690 MARKET STREET
SAN FRANCISCO.CALIFORNIA 941041
�
•� :':
5 (411)'P fAntiffs
"SON, CccI ►"�
6
ATTORNEYS FOR -,, CIDS? C� i('f C�
7
8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF CONTRA COSTA ; �' '_ ► s-`>•r
�• � + •�t: JC��J
10 GARY LODGE, CINDY LODGE,
11 CHRISTINA LODGE, a minor by and
through her guardian ad NO. 280 7. 74
litem, CINDY LODGE, JULIE - -
12 LODGE, a minor, by and PLAINTIFF'S FIRST AMENDED
through her guardian ad COMPLAINT FOR DAMAGES
13 litem, CINDY LODGE, FOR NEGLIGENCE; PRODUCTS
LIABILITY/STRICT LIABILITY
14 Plaintiffs, IN TORT; PUNITIVE DAMAGES;
15 � and LOSS OF CONSORTIUM
VS .
16 ESTATE OF JAMES MOUNTAIN
17 GRAHAM, THE BEECHCRAFT
AIRCRAFT COMPANY, THE SUN
VALLEY SHOPPING CENTER aka
18 THE SUN VALLEY SHOPPING MALL,
R. H. MACY, INC. , GENERAL
19 AVIATION SERVICES, THE ROE
DOE ARCHITECTURE COMPANY, THE
70 DOE DOE CIVIL ENGINEERING OMPANY,
THE TAUBMAN COMPANY, INC.,WELLS - --
21 FARGO BANK, as Trustee of the
TAUBMAN COMPANY, INC. ,/JAMES
-' MAGEEAN, ARK DISTRIBUTING COMPANY,
INC. , a California Corporation.,
23 BEECHCRAFT WEST, a California
24 corporation, CITY OF CONCORD,
COUNTY OF CONTRA COSTA, THE A
DOE AIRCRAFT REPAIR SERVICE and
''-5 I DOES 1 through 500, inclusive,
16 Defendants.
I
I COMES NOW plaintiffs, and each of them, and for causes
2 of action against defendants, and each of them, alleges as
3 follows:
4 1. That CHRISTINA LODGE and JULIE LODGE are the minor
5 ichildren of GARY LODGE and CINDY LODGE as hereinafter set
6 forth.
7 2. Plaintiff CHRISTINA LODGE is a minor born on July 1,
g 1982.
9 3. Plaintiff JULIE LODGE is a minor born on December 27 ,
10 1984.
a 11 4 . That petitions for guardian ad litem are filed herewith
Cnit z
_ <
x 12 appointing CINDY LODGE as guardian ad litem for CHRISTINA LODGE
13
" Z F <
n
Z _ and JULIE LODGE.
14 5. Plaintiff GARY LODGE and CINDY LODGE, and all other
Z 15 plaintiffs herein, were injured on December 23, 1985 at the
LL
d
16 Sun Valley Mall as hereinafter set forth.
17
FIRST CAUSE OF ACTION
18 (For Negligence Against All Defendants)
19 6. That the true names or capacities, whether
20 individual, associate, corporate or otherwise, of defendants
21 DOES 1 through 500, inclusive, and each of them, are unknown
22 to plaintiffs, who therefore sue defendants by such fictitious
23 names . Plaintiffs are informed and believe and thereon allege
24 that each of the defendants designated herein as a DOE is
25 responsible in some actionable manner for the events and
26 happenings herein referred to, and caused injuries and damages
-2-
1 proximately thereby to plaintiffs as hereby alleged.
2 7 . At all times herein mentioned each of the defendants
named herein, including, without limitation each DOE defendant,
4 was the agent, servant, employee or otherwise acting in concert
5 of each of the remaining defendants and was at all times acting
6 within the purpose and scope of said agency, service and em-
7 ployment, or acting in concert to bring about the damages
8 alleged herein.
9 8. Defendant, CITY OF CONCORD is a municipality located
10 in the State of California.
11 9. Defendant, CITY OF CONCORD is a- public entity and
12 at all times• herein -mentioned negligently,. carelessly, .wantonly
13 and recklessly allowed, permitted and ratified the building of
14 the Sun Valley Mall in close proximity to Buchanan Field Airport,
15 and allowed, permitted and ratified the implacement of inadequate
16 and outdated landing and directional navigation systems, and
17 other actions which caused and contributed to the injury of the
18 plaintiffs herein.
19 10. Plaintiffs have filed the necessary claims pursuant
20 to the relevant code section against defendant CITY OF CONCORD.
21 The claim of Cindy Lodge, Gary Lodge, Christina Lodge, a minor by
22 and through her parent Cindy Lodge, and Julie Lodge, a minor by
23 and through her parent Cindy Lodge were filed on January 30,
24 1986. These claims were denied on March 31, 1986. Copies of
25 each are attached hereto and marked as Exhibits "A" , "B" , "C"
26 and ►'D".
-3-
1 11. Defendant, COUNTY OF CONTRA COSTA is a public entity
2 located in the State of California.
3 12. Defendant, COUNTY OF CONTRA COSTA is a public entity
. 4 sued herein, and at all times herein mentioned negligently,
5 carelessly, wantonly and recklessly allowed, permitted and
6 ratified the building of the Sun Valley Mall in close proximity
7 to Buchanan Field Airport, and further negligently, carelessly,
8 wantonly and recklessly allowed, permitted and ratified the
9 implacement of inadequate and outdated landing and directional
10 navigation systems.
11 13 . Plaintiff herein have filed the necessary claims
12 1 pu rsua:rt to the relevant code section against . the defendant..
13 COUNTY OF CONTRA COSTA. The claim of Cindy Lodge, Gary Lodge,
14 Christina Lodge, a minor by and through her parent Cindy Lodge,
15 and Julie Lodge, a minor by and through her parent Cindy Lodge
16 were filed on January 29 , 1986 . These claims were denied on
17 February 25, 1986. Copies of each are attached hereto and marked
18 as Exhibits "E" , "F", "G" and "H" .
19 14. That at all times herein mentioned, defendants SUN
20 VALLEY SHOPPING CENTER and each of them, are located at the
21 number 1 Sun Valley Mall in the City of Concord, State of
22 California. Said defendants are being sued as a result of
23 negligently, carelessly, wantonly and recklessly placing a
24 shopping center that attracts a great number of people on a
25 heavily trafficked air corridor in the vicinity of the Buchanan
26 Field Airport.
-4-
1 15. At all times herein mentioned, the WELLS FARGO BANK,
2 Trustee for the TAUBMAN COMPANY, INC. , and its predecessors
3 in interest, the TAUBMAN COMPANY, INC, a Michigan corporation,
4 and Does 1 through 20, were corporations or other entities doing
5 business in the State of California for the purpose of owning,
6 placing, managing and maintaining defendants SUN VALLEY MALL
7 AND SHOPPING CENTER. Said defendants are doing business in the
g State of California and maintain more than minimal contacts.
9 Said defendants are hereby being sued as a result of their
10 negligent, careless, wanton and reckless behavior of placing
11 and maintaining a shopping center in the area of a busy air
3 12 corridor in the vicinity of the Buchanan Field Airport. Said
� Y p
N Z F <
z _ 13 defendants knew, or should have known, that during a fog,
y € 14 aircraft would make a missed approach and fly over their mall
Z
Z 15 in a very vulnerable position therefore causing a risk of
d
16 disaster and destruction.
17 16. R. H. MACY, INC. , and DOES 100 through 300, inclusive,
18 were at all times relevant business entities luring customers
1911
into the mall while knowing that their location was dangerous
20 due to the close proximity to Buchanan Field Airport and knowing
21 the likelihood of an air crash from planes using Buchanan
22 Field Airport.
23 17. That at all times herein mentioned, decedent JAMES
24 MOUNTAIN GRAHAM and defendants GENERAL AVIATION SERVICES, ARK
25 DISTRIBUTING COMPANY, a California corporation, JAMES MAGEAN, and
26 DOES 23 through 40 and each of them, were the owners and opera-
-5-
1 tors of defendants' BEECHCRAFT BARON AIRCRAFT. Said defendants,
2 and each of them, are hereby being sued as a result of negli-
3 gently, carelessly, recklessly and wantonly operating, main-
4 taining, controlling, aviating and navigating said aircraft so
5 as to proximately cause the crash in defendants shopping mall
6 thereby seriously injuring the plaintiffs.
7 18. That at all times herein mentioned, defendants
g BEECHCRAFT AIRCRAFT COMPANY, BEECHCRAFT WEST, a California
9 corporation, and DOES 41 through 60, inclusive, negligently,
10 carelessly, recklessly and wantonly designed, assembled, manu-
i
N a
1 1 factu red and distributed said aircraft so that said aircraft
3 < Z 12 could not 'be properly -controlled by defendants JAMES MOUNTAIN
. l <
13 GRAHAM, and each of them, so as to proximately cause said
v 14 aircraft to crash into said defendants' mall.
z H IS 19 . On or about December 23, 1985, defendants and
16 decedent, JAMES MOUNTAIN GRAHAM, so negligently, carelessly,
17 wantonly and recklessly maintained and controlled and repaired
18 said aircraft so as to proximately cause said aircraft to crash
19 in the mail thereby proximately causing the plaintiffs to
20 suffer severe personal injuries.
21 20. That at all times herein mentioned, GENERAL AVIATION
22 SERVICES, DOE AIRCRAFT REPAIR SERVICE, ARK DISTRIBUTING COMPANY,
23 INC. , JAMES MAGEAN and DOES 23 through 40, inclusive, so negli-
24 gently, carelessly, wantonly and recklessly maintained and
25 repaired said aircraft so as to render said aircraft inoperable
26 proximately causing said aircraft to crash in the shopping
-6-
i
I mall.
2 21 . That at all times herein mentioned, defendants
3 DOE CIVIL ENGINEERING COMPANY and DOE ARCHITECTURAL COMPANY
4 and DOES 61 through 80, located said mail and gave advice to
5 locate said mall under the main corridor of air traffic from
6 Buchanan Field Airport. As a direct and proximate result of
7 placing large numbers of the public and enticing them to go to
g a shopping center, large numbers of the public were placed in a
q very dangerous position. Said placement of said shopping
10 center under the air corridor of a busy airport was negligently,
11 carelessly, wantonly and recklessly promoted by said defendants ,
3a � yZ
< r s and each of them.
> � _ 12
V Z V <
Z 13 22. As a further, proximate result of the negligence
N � � 14 of defendants , and each of them, plaintiffs, and each of them,
6 Z
z 15 suffered a loss of earnings and earning capacity which has been
16 greatly impaired, both in the past, present and future, in an
17 amount according to proof.
18 23. As a further, proximate result of the negligence
19 of defendants , and each of them, plaintiffs, and each of them,
20 have incurred and will continue to incur, medical and related
21 expenses in an amount according to proof.
22 24. As a proximate result of the negligence of defendants,
23 and each of them, plaintiffs , and each of them, were hurt and
24 injured in their health, strength, and activity, sustaining
25 Injury to their nervous systems and person, all of which in-
26 juries have caused, and continue to cause, plaintiffs great
—7—
I mental, physical and nervous pain and suffe ring. Plaintiffs
are informed and believe and thereon allege that such injuries
3 will result in some permanent disability to them. As a result
4 of such injuries, plaintiffs, and each of them, have suffered
5 general damages in an amount according to proof.
6 SECOND CAUSE OF ACTION
(For Products Liability/Strict Liability
7 In Tort Against Defendants BEECHCRAFT AIRCRAFT COMPANY,
BEECHCRAFT WEST, ARK DISTRIBUTING COMPANY, INC. , JAMES
8 MAGEEAN and DOES 24 through 40, 42 through 61 , inclusive,
9 25. Plaintiffs reallege paragraphs 1 through 18 as
10 though fully set forth herein.
1 1
. 26. Said aircraft was defectively designed, manufactured
12 and -assembled proximately causing- said - aircraft to -crash- into
Y. h
} Z
13 said mall.
W 14 27 . That at all times herein mentioned, said defendants
L
Z
Z 15 BEECHCRAFT BARON AIRCRAFT was designed, manufactured, and
a
16 assembled and distributed for the purpose of flying in the air
17 and safely transporting persons and property in a safe manner
18 so that said aircraft would' not crash as a result of any of
19 parts or components.
20 28. That as a direct and proximate result of the defective
21 manufacture, assembly and design and the distribution of said
22 BEECHCRAFT BARON AIRCRAFT involved in said accident, said
23 aircraft did crash proximately causing severe personal injuries
24 to the plaintiffs who were pedestrians and shoppers in defendants '
25 mall.
26
-8-
I THIRD CAUSE OF ACTION
(For Punitive Damages and Exemplary Damages
2 Against Defendants WELLS FARGO BANK, as
Trustee for the TAUBMAN COMPANY, INC. , the TAUBMAN
3 COMPANY, INC. , SUN VALLEY SHOPPING CENTER,
SUN VALLEY MALL, and DOES 1 through 20, inclusive. )
4 29. Plaintiffs reallege paragraphs 1 through 20 of the
5 First and Second Causes of Action as though fully set forth
6 herein.
7
30. Plaintiffs and each of them, allege a cause of action
8 for punitive damages and exemplary damages in the sum of SEVENTY
9 FIVE MILLION DOLLARS on facts alleged in this complaint.
10 31 . That at all times herein mentioned, Buchanan Field Airpo
a 11
is an airport which purchased its land in 1942 and started
< _ 12 operations in 1946. During heavy fog, when the airport lights
Z t < Y 13, cannot be seer "missed approaches" are common and at such times
14
Z airplane pilots are flying by instruments . The stress level of
Z 15
pilots during such maneuvers of aviating, navigating and com-
16 municating to the tower is -extremely high. The probability of
17
a crash of a circling plane during these times are statistically
18 much higher than normal . All property within a one mile radius
19 of an airport is in a forseeably dangerous position. Defendants,
20 and each of them, knew of said danger but in conscious disregard
21 of the danger that potential customers and users of said mall
22 might undergo they selected said site for said shopping mall
23 because of the inexpensive land that can be purchased in the
24
vicinity of airports . Members of the general public who are
25 not as sophisticated as architects, engineers and shopping
26
-9-
I center developers would not know of this foreseeable danger and
2 would shop at said mall feeling perfectly safe.
3 32. As a direct and proximate result of said conscious.
4 disregard of the safety and life of the potential users of the
5 mall, said mail was located in said dangerous location thereby
6 attracting thousands of potential shoppers and placing them in.
7 a very precarious position.
8 33. As a direct and proximate result of said conscious
9 disregard of the rights and safety of potential shoppers and
10 users of the mall, the plaintiffs were attracted to said mall
c Il on a foggy night, thereby placing them in extreme danger of an
c; <
xairplane crash which, did occur proximately causing severe
1
?S = J Y personal injuries to the plaintiffs.
Z x - 13
~< r � 14 34. Defendants knew that by placing said shopping center
V
y
Z 15 in a radius within one mile of an airport that a crash was
iu
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16 inevitable and that said crash had a high likelihood of occurring
17 on their mall.
18 FOURTH' CAUSE OF ACTION
(For Loss of Consortium for
19 Plaintiff CINDY LODGE Against
All Defendants)
20
21 35. Plaintiff CINDY LODGE incorporates all paragraphs of
22 all previous causes of action as though fully set forth herein.
23 36. Prior to December 23, 1985, which is the date of the
24 accident which is the subject of this lawsuit, the plaintiffs
25 CINDY LODGE and JAMES LODGE were wife and husband, and said
26 marriage was a loving, affectionate marriage and said plaintiff
-10-
I JAMES LODGE performed all services that were expected of a
loving husband.
3 37. Subsequent to the Injury, and as a proximate result
4 thereof, plaintiff JAMES LODGE has been unable to perform the
5 necessary duties that are expected of a loving husband, which
6 include the work and services usually performed in the home,
7 maintenance and management of the family home, and will be
8 unable to perform such work, service and duties in the future.
9 38. As a result of said accident, plaintiff CINDY LODGE
10 is informed and believes and thereon alleges that plaintiff
11 JAMES LODGE is unable, and will continue to be unable, for an
3x
12 unspecified p.�A
riod of time, to have marital comfort to the
Z c r 13 detriment of the marriage.
w 14 39. Plaintiff CINDY LODGE has witnessed her husband 's
y �
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15 physical and mental suffering. This has caused plaintiff CINDY
0.
16 LODGE mental suffering.
17 WHEREFORE, plaintiffs, and each of them, pray for the
1g relief as follows against defendants, and each of them, on
19 Causes of Action One, Two and Four:
Z0 1 . For general damages within the jurisdiction of this
21 court;
22 2. For medical expenses, past, present and future;
23 3. For wage loss, past, present and future;
24 4 . For loss of earning capacity;
25 5. For costs of suit;
26 6. For prejudgment Interest; and
—11—
1 7. For such other and further relief as is just.
2 Plaintiffs, and each of them pray for relief as follows
3 on the Third Cause of Action against said defendants named
4 therein:
5 1 . For general damages within the jurisdiction of this
6 court; .
72. For medical expenses, past, present and future;
g 3 . For wage loss, past, present and future;
9 4 . For loss of earning capacity;
10 5. For costs of suit;
a 1 1
6. For prejudgment interest;
LU
Y
1� 7 . For such other and further relief as is ,fust;- and
< _ L
r < YH � d
> Z <
Z ` � o 13 8• For punitive and exemplary damages in the amount of
E 14 $75,000,000.00.
a Z
15
16 Dated: April, 1986
17 LEWIS & LEWIS
18
19 By
MARVIN K. LEWIS
20 Attorney for Plaintiffs
21
22
23
24
25
. 26
—12—
1•
:�;.ANENDEz}
1986 k. ;
C MM{l STA COMM GLIM 4�I1 ARD 1C"ITON
♦� µ1J. Yi "✓ _ y*•',� ::i...ar�y•IL�.yf.� y_ter_ �.
� z}�n QaLQ'Lait L Lbs CoumtTt eek,Wxtriat .:f��x IMCE 10 CU.TK April 29, 1986 j
the !bard Of 3UPWTIsarsi dopy s ad to 7►oU Is yo+ar '
yY ffi dars►emeato, and Board" s patio of ttie setiad taken on ?ow Olsim by the
}: -
= k ' lotion. 'All 3ectioa refarsn0aa ariw`, .4-aoard Supervisors (par'agraPh Wr ��},
`California Government Godes - -even,: . p4aYsuaat to Government Code 3eotioa 913
'•:.;+ ;and 915.4. '3116"e note au WandnZ36.
h Claimants Julie Lodge,''& minor, bp;tbe :through her parent, Cindy Lodge, to be
-..appointed guardian ad Lifem. .
Marvin K. Lewis ;•'
Lewis & Lewis
i .'.690 Market St. ,penthouse:1E:.•. ,
San Francisco,,CA: 94104."`!lend delivered
}at:N'+Lnoudts - 44,000,000.00 ►:delivery to clerk on March 31, 1986
•' >.: ":"•-`'-i' -7�''�:'7"G C=Vii._' . '.: ..
",;�; Dada']ltaeiirsd: March 31019$6 f-s $y szsi2,'postmarked on
.. eU Y T0: County
Counsel
_ i
ittached is a copy Of L2sa;aDcve-aottQ claim,'
4 Dat,<icli�Apri1 1, 1986 PdiIL bASO1.OB, Qea'k, By�1z r a DeWty
�.. r
:,; ark ears
. t y Coss g ,. i ;�pery
- ,...;_. .(Check only
one) .;'_...:..:.i '-'. -
= ' " =,(X) This claim ooaapiies "stint3a12T with Ssetlow 910 and 910.2.
Zhis claim ?A= to complyauhttantially.vitA Sections 910 and 910.2, and we are
..x:...
notifying claimant. .?los $card oiraaat aot for 15 days (Sectim 910.$).
Claim is not timely filed:=-Clerk"ihmad return claim on around that it was filed
date and send warning of alaimantts:-1Sbt to apply for leave to present a late
claim (Section 911.3).,—,
Others
Datedt By$: �c Deputy County Counsel
'TM4s Clark of the Board ` .`.TO: ;'(1), ty Coaisel, (2) CoaaLp ldasinistratar
( °} Claim was returned as untimely withnatioe to claimant (Section 971.3).
� I4. SIAFtD ORIyFA By tasazimous iota cf Supervisors present
.:�..' ``` 0.i w•Yncnda.i . .-
�,(x} n4s clams reJected is full.
Otbers
I car Li y that U1 s 13 a true andcorrect copy of the Board's Order antwed in i to
_•:... .•'�,' siaistas for this date.
'Dated N'K Q i0 P4L AT CCerk .�
Deputy Clark.
1iAR2i»3 (tfoir Code 3e0tion 913)
"JeCt to certain szoepLiomi, you have y six (5) sonLhs from the data of this
` �liotioe was personally served or deposited inibe mail to file a court action on this
alms. !fee Government Code 9ectiaa
You may seek the advioe of an at
- '-' torory of your choice in oorr ection with this
c asstter. If you Want to consult an attorney,'yoi should_do so immediately.
,t
Oj
.� �X3.71117
S� '�/ \ Sr , BARD OF MOMS OF �MSTA QX14nT• CALTFCRNIA r
BOARD ACMON
_ �ZZ,`^ April�9. 986AgaIP1t the County, ce'biat int "f 'c :IMCE TO CLAD AT
R-5. �flr7�ed by the:Board Ot,.8up4rtisoe'a• ;copy O D. b to you iD ya,r
� f p�sdo�semeata� ar�d.Boardaotioe'of the action taken on 7OW maim by the
r; atioa. 'A11 Section references are
° Hoard of:.3uper�isors (Paragraph Io, Dela+),
i - + + gfYsis..pirsuant to Government Code Section 913
TCalitornia Govarnmerrt.Codes
r � rmd .915.4. :'glom note all Wwarnings". ,
Claimaat: Christina I;odge, .`a minor �yrsnd through her parent, Cindy Lodge,
a'to'ne appointed guardianN Litem
�' Attar�ey: Marvin K Le4Tis a
Lewis. Lewis
; tddrnsS 690 Maiket St , Penthouse*'. > ,
San Francisco GA941t)�+ Hand delivered
s, ouatr .`$4,000,000 "00 `x 8y dell4a y to clerk m March 31, 1986
; 4xDate ReosivedrMarch 31,.'A986 s `ByARaiii postmarked on
er Su sora .1V: . .County CourLse
d 4 � py♦ttached is a co0f the above.;&IL d QZaim.
!.• Dated: April 1 1986 PHIL BATCym.ORt Clerit� By purty
y
r y ln: Clerk of the of Supervisors
.•(Checkoaly..one)
alaimcomplies wDstantially.with Seatioris 910 and 910.2.
4
:� 3 This claim FAITS Lo'eoDnplq:.substintlaUy frith'Sectlons 910 and 910.2, and we are
,�`t•,ry�tia notifying claimant. The-Board. t, ict for 15 days (Section 910.8).
r't Ali-'�" 1 '?. •"'•-,.;-- - 4�� ..- . .. ..:. _._ .. ...
'.Claim is not timely.filed. Clerk should return claim on ground-that it was filed
late'aisd send warnlrr� Ot claimaaOt to apply for leave to present a late
«, claim (section 911.3). + <
other'!
By: Deputy County Counsel
r°; wTI2. f Qerk of the Board - ZOr (1 'o niy Counsel, (2) County Administrator
�) Maim was returned as untimely idth notice.to claimant (Section 911.3).
rr SP. BOARD CIMM By tna5simous dote cf Supervisors present
This alaim�is refected in lull. i t��h �0
Qtber:
< C
certifyL�]h��a�yyt./}(�h�i s•is a true.and ,copy the 'a ant in is
f �w .%, -
i��M �M a"rCLv
2 Pf�II. BATCHELOR;`Clerk, By • Deputq Clerk
(Gov.'COft 8sctim 943)
Sub}01at to certain 4sasptions,::Piod.Esvt"ody sir (6) months !r® the date of this
was personally Dewed cc-deposited: .the ail to file a court action m this
olein. 8014 Goverzment Coda Section 945.6`.,,:
f; :: :Tou may seek the advise dUan,-Attorney,ot choice in oora�ection with this
�;...�.
k•natters if you want to omsult sn''att=* %ey;`yptr should do so immediately.
:`sem": _ , + icy N•.
MAY
+G4Ws
ism��.p. fpa '4Fi 91
Igcr
, MM ACTION
Yrs~.
A jaainst the County, ar strict-, ,.:_ WMCE !D CZJI?lS1Ni' April 29 1986 i
thb Board of Super isa_r!, ooDY s t ed to 20u is yea•
:`• •' ouLusB:$idoraaments,.and Board :: ootios of the action taken an o t�
<�
Ao}icn All Section rafarenoet ars 3sDird or•3upervi (Paras mph
Dalifornia C•overr�ment Codes , °F4iven pursuant to Goverrsflent Code Section 413
'•� 1 =aad4915.q. Please note all Warainbs".
rQamaritt x Cindy Lodge
Zs;S'� A r r
Marvin'':R. y
lttctasy:
{f ,ewis & Lewis
Addrpii 690;Diarket St Penthouse &�
E�,�s San Francisco, CA 94104 ? Hand delivered
yaos�att •-$4,000,000 OQ Sit delivery to clerk on March 31, 1986
4p' 'xDae aeoei•edi March 31,`f1986.'. 'BSt�joail, postmarked on
e w Su ..•. 70: . County Counsel
„y
Clerk
r Attached 3a a Dopy of Lbs above-noted claim.
t;
Aril 1, 1986 PIM UTCE LOR, Qerk� By ii �l Deputy Ktowies
'
$ County Counsel' wk O e Supero so
° (Check only We)
rnia claim oamRiies' ubstantituy with Sections 410 and 910.2.
Thin claim FAILS to comply substantiallA with Sections 910 and 910.2, and we are i 1
z F { to no
claimant. Board.ON"' act for 15 days (Section 910.8).
' 4
a
Mai 1s not timely filed. ,Clerk'iha ld.:returii claim on ground that it was filed '
date and send warning of.cl'"antfs I•ight to apply for leave to present a late
claim (Section 911.3).
- v - .•, r _ s .cap"
Other=
t p�atsde ! ,Q/t, / B9t' Wit• _ Deputy County Counsel
FW4: Mork.of the Board_ `11D:?. Cotaitq,Counsel, 2 County Administrator
�( Claim was returned as untimely with nptice'to claimant (Section 911.3).
syr:..!:J'.•-�:.
IV. ;DDARD CiRDER By 4WILI OlB Tote Supervisors present
;�•�•:.
a(X This elaim�is refected in ��,�
` _ oertif that this s a true in -oorregL d's er en in U
for
t at t ooPY of the Boar
adr 'L y Ihbd date. -' ..- i {� `1,nQ (�
.7—AYRPiiIL BA7'Ci�I.Cft,'Qerk; Bq GLTi^L. �o��,-�t,� • Deputy Mark
WARtiT1iG (Goi: ods Section 943)
Subject to certain axoeptica, 7w has only six (6) months from the date of this
:�aotios was peraocllly served oe deposited'im-the mail to file a court action on this
claim. See Government Code.Scotian -
���='���,t�" .: ::.. ..,: = ' `: . ;:. .. .,. . , =:.:.Vis;::•.,`
ou may seek the adTios of an attorney,of your choice in oaQsection with this
! ° stutter. If you want to oeessult an attorney; you should do so immediately.
b
:AMENDED
BOARD OF 9UFMM_gW_ oP�rn'C1WrA 000riTt, CE37O MAJPDARD ACM j
April 29, 1986
''.Qaisj Agsinit the Laxity, Cr Ustrict IIMCE 70 C[JL4S " ; .
u�:-�verned.
by.the Board of Super►isam� S'� spy a ed to 7W is 70ur �
jouting.F?�'s�ts. and Board'
�aotioe of the action taken m lax' I7n1 b'y the
-�etion.-..-.111.Section references ark_: ::) ::;>:8oa='d.of Snpervis" (paragraph I4,
t; :
�., .,.r.,Lo"California Government Codes ) ? ten cant to Coverrmeat Code Section 91
�i para 3
915.4. ?lease note all Warnings".
piimariLt Gary Lodge '
.ittorwyt Zia rvinK. Lewis `
Lewis.& Lewis
Sddross: 690 Market St-. ,Penthouse
San Francisco, CA;94104-- delivered
$4,000,0OO.OQ a,:.;_: :By-delivery to clerk on March 31, 1986
Date Received:March 31,;1986 8y�teail postmarked on
-TKH
: ark of the Baand cf,,&3perViSW3 , TO: County Counsel
' �tLc2:ed is a oopy of the above-noted claim.
�' ,Datedt April 1, `1986 PHIL BATCF�IAR,,Cle'rk� 8y LZ`� v.� A tnAua DePrty
ooies
t y t Clerk of the 930a BT
Supero cors
(Check only one) ti
{� ) Shia claim CMTPUes substantially idth Sections 910 and 910.2.
Shis claim FAILS to o®ply substarstia119 With Sections 910 and 910.2, and we are
' sc Notifying claimant. Tho',Board Cannot. act for 15 days (Section 910.8).
Claim is not timely filed.'. Clerk"should return claim on ground that it was filed
to and send warni of claimant's right.to ap
(Sply for leave to present a late
claim (Section 911.3).
( ). Others
''Dated: By c _.[_c.C;= Deputy County Counsel
;:f IIL MW: Clerk of the Board .!:16t tij�&nty Counsel, (2) County Administrator
Claim was returned as untimely.with notice to claimant (Section 911.3).
> `IV mARD ORDER ' By unanimous vote of.Supervisors present
Claim�is resected in full.
Y„ i'
j t Sf.3 Others
certify that this is a true and correct copy of the Board's Order enteredin is :
' nutes for this date.'.:; :: '_,:. 1 / n
`` _;Datsdt R 9 4 9 PM BJITCJMOR, Clerk;By Y�C� , Deputy Clerk
: ':: <-•... YJtRN11Ri;(Gov. Code Section 913
<3ubseot to certain esoeptiaas, jou have only mix (6) months from the date of this
: ttotioe was perscrally served or deposited in the avail to file a Court action Ca this
:`,n1a1a. see Coverntment Code Sections 945.6
--;_'You my meek the advice of an attotaey of T Ur choice in oonnectiea with this
;salter.- 'If you want to Consult an attorney;'`You should do so immediately.
cj _7 r
r .•+•
::`�;, 3
City of Concord
PHONE: (415) 671- 3078 CITY COUNCIL
Ronald K.Mullin,Mayor
Colleen Coll,Vice Mayor
June V.Bulman
Diane Longshore
Stephen
April 2, 1986 Farrel A.Stewart,City Manager
Christina Lodge, via Cindy Lodge
c/o Marvin K. Lewis, Esquire
Lewis & Lewis
690 Market Street, Penthouse
San Francisco, California 94104
Dear Miss Lodge:
Pursuant to the authority vested in me- by the City -Council,
you are hereby notified that the claim you presented to the
City of Concord dated March 31 , 1986 pertaining to an
Incident occurring on December 23 , 1985 in the amount of
$4,000,000.00 is hereby rejected in its entirety.
WARNING
Subject to certain exceptions, you have only six (6) months
from date this notice was personally delivered or deposited
in the mail to file a court action on this claim. See
Government Code Section 945 . 6.
You may seek the advice of an attorney of ,your choice in
connection with this matter. If you desire to consult an
attorney, you should do so immediately.
Yours very truly,
EVERETT R. CrLIFT
Acting Finance Director
ERC:ac
cc: City Attorney
CCCMRMIA
APR 4 _ 1986
.,:.CONCORD CIVIC .CENTER 1950,PARKSIDE .DRIVE . -CONCORD CALIFORNIA 94519
City of Concord
PHONE: (415) 671-3078 CITY COUNCIL
Ronald K.Mullin,Mayor
Colleen Coll,Vice Mayor
June V.Bulman
Diane Longshore
April 2 19 8 6 Stephen L.weir
, Farrel A.Stewart,City Manag.
Cindy Lodge
c/o Marvin K. Lewis, Esquire
Lewis & Lewis
690 Market Street, Penthouse
San Francisco, California 94104
Dear Ms . Lodge:
Pursuant to the authority vested in me by the City Council ,
you are hereby notified that the claim you presented to the
City of Concord dated March 31 , 1986 pertaining to an
incident occurring on December 23 , 1985 in the amount of
$4 ,000,000.00 is hereby rejected in its entirety.
WARNING
Subject to certain exceptions, you have only six (6) months
from date this notice was personally delivered or deposited
In the mail to file a court action on this claim. See
Government Code Section 945. 6 .
You may seek the advice of an attorney of your choice in
connection with this matter. If you desire to consult an
attorney, you should do so immediately.
Yours very truly,
EVERETT R. IFT
Acting Finance Director
ERC:ac
CC: City Attorney
CCCMRMIA QPR 4 _ �g86
CONCORD CIVIC CENTER -1950 PARKSIDE DRIVE . :: CONCORD;cALIFORNIA_94519
City of Concord
PHONE: (415) 671.3078 CITY COUNCIL
Ronald K.Mullin,Mayor
Colleen Coll,Vice Mayor
June V.Bulman
Diane Longshore
Stephen L.Weir
April 2 , 1986 Farrel.A.Stewart,City Mana9,
Julie Lodge, via Cindy Lodge
c/o Marvin K. Lewis, Esquire
Lewis & Lewis
690 Market Street, Penthouse
San Francisco, California 94104
Dear Miss Lodge:
Pursuant to the authority vested..in me by the City Council ,
you are hereby notified that the claim you presented to the
City of Concord dated March 31 , 1986 pertaining to an
incident occurring on December 23, 1985 in the amount of
$4 ,000,000.00 is hereby rejected in its entirety.
WARNING
Subject to certain exceptions, you have only six (6) months
from date this notice was personally delivered or deposited
in the mail to file a court action on this claim. See
Government Code Section 945. 6.
You may seek the advice of an attorney of your choice in
connection with this matter. If you desire to consult an
attorney, you should do so immediately.
Yours very truly,
EVERETT R. CLIFT
Acting Finance Director
ERC:ac
cc: City Attorney
CCCMRMIA APR 4 - 1986
CONCORD CIVIC CENTER 1950 PARKSIDE DRIVE CONCORD CALIFORNIA 94519
City of Concord
PHONE: (415) 671-3078 CITY COUNCIL
Ronald K.Mullin,Mayoi
Colleen Coll,Vice Mayos
June V.Bulman
Diane Longshore
April 2 1986 Stephen L.Weir
� Farrel A.Stewart,City Manage
Gary Lodge
c/o Marvin K. Lewis, Esquire
Lewis & Lewis
690 Market Street, Penthouse
San Francisco, California 94104
Dear Mr. Lodge:
Pursuant to the authority vested in me by the City Council-;
you are hereby notified that the claim you presented to the
City of Concord dated March 31 , 1986 pertaining to an
incident occurring on December 23, 1985 in the amount of
$4 ,000,000.00 is hereby rejected in its entirety.
WARNING
Subject to certain exceptions, you have only six (6) months
from date this notice was personally delivered or deposited
In the mail to file a court action on this claim. See
Government Code Section 945 .6.
You may seek the advice of an attorney of your choice in
connection with this matter. If you desire to consult an
attorney, you should do so immediately.
Yours very truly,
EVERETT R. �L.I. FT�
Acting Finance Director
ERC:ac
CC: City Attorney
CCCMRMIA 4 r 19a6
ppR
..CONCORD CIVIC,CENTER _1950 PARKSIDE DRIVE ;. CONCORD CALIFORNIA94519
-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
. • �... ." �. . . -::••ied+sm- cs:-6.r� *�F..r3F,>..ar�,ti�Jw'li ice" ....�ti":`•�:�,+,•�`j
MACY'S SUN VALLEY MALL CRASH - I
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
...°;,a,i+,.�t=:ss i1►� .cF�.'�e.raP.+i+w�?A:.aiFra:.;.-.::�.
• "MACY'S SUN VALLEY 6ALL 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
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
'Claim Against the County, or District governed by)
the Board of Supervisors-, Routing Endorsements, ) NOTICE TO CLAIMANT October 7 , 1986
and Board Action. All Section references are to ) The copy of this document mailed to you is your
California Government Codes. ) notice of the action taken on your claim by the
Board of Supervisors (Paragraph IV,below),
Amount: Undetermined - given pursuant to Government Code Section 913 and
915.4. Please note all "WARNINGS". County Counsel
CLAIMANT: MACY' S CALIFORNIA #280774 (Buchanan Field Airport) SEP 1 r) 1986
c/o Daniel M. Crawford, Esq.
ATTORNEY: Carroll, Burdick & McDonough Martinet, CA 94563
One Ecker Bldg. , Suite 400
ADDRESS: San Francisco, CA 94105 Date received
BY DELIVERY TO CLERK ON: September 12 , 1986
BY MAIL POSTMARKED: September 11 , 1986
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL BATCHELOR, CLERK'S� � l
DATED: September 15, 1986 BY: Deputy
a
II. FROM: County Counsel TO: Clerk of the Board of Supervisors {
(� T c aim? om Vi s, s Stan 'all i S cti�s 0,and 910.2 A
claim FAILS cot ly substanti y with Sections 99110 and 916.2, a d we ar so notifying
he Boar not a for 15 days (SVtion 910.8), � �'�-
( ) C)ai is not ti� filed. The Clerk sho 1 return claifO on ground that it was file late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: _ cA�2, /�j8<o By: Deputy 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
This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order nter d in its minutes for this date.
Dated: O C T 0 7 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�terved
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.
CC: Claimant County Counsel County Administrator
' L TO: BOARD OF SUPERVISORS OF CONTRA COP* application to:
f Instructions to ClaimantVerk 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
of this form. .
RE: Claim by )Reserved for Clerk's filing stamps
Macy' s California )
)
RECEIVED
Against the COUNTY OF CONTRA COSTA) qFp V�
or BUCHANAN FIELD AIRPORT DISTRICT)
(Fillin name ) CLE P sEa°R tkputy.
By ..
4.. ... ..
The undersigned claimant hereby makes .claim aga County or Contra
Costa or the above-named District in the sum of $ undetermined at this time.
and in support of this claim represents as follows:
1. When did the damage or .in�ury occur? (Give exact date end hour]
December 23 , 1985 , at approximately 8 :30 p.m. Macy 's was served
with a lawsuit by plaintiffs Lodge on July 21, 1986 , and Macy's cause
of_action for indpjU1Lty_ „t -----------------------------
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 fulS details, use extra .
sheets if required)
See attached Page 1 .
------------- -----------------------------------------------------r-----
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? 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? (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.
-----------n---ddre------------------------------------------------------
6. 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 b mge, P.P rson on WV9_b_e_'b a1f. "
c
Name and Address of Attorney
Daniel M. Crawford, Esq. "imam s S n u .
Carroll, Burdick & McDonough fo acy's Cal ' orn a
One Ecker Bldg. , Suite 400 P. 0. B dr
San Francisco, CA 94105
e/
Telephone No. 415/495-0500 ox-
San Francisco, CA 94120
Tele
p Telephone No. 415/954-6014
Attn: William H. King, Vice Pres .
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 who were Gary Lodge,
Cindy Lodge , Christina Lodge and Julie Lodge. The Lodges
are claiming damages set forth in their complaint filed on
May 23, 1986 , a copy of which is attached hereto as Exhibit A.
6 . Plaintiffs seek general damages within the jurisdiction
of this court, medical expenses , past, present and future, wage
loss , past, present and future, loss of earning capacity, costs
of suit, prejudgment interest, such other and further relief
as is just, and punitive and exemplary damages . See Exhibit A .
.Macy 's claim is for complete and/or partial indemnity of any
recovery against Macy' s by the Lodges and other parties claiming
damages due to the aircrash. The accident out of which the
claim arose occurred on December 23 , 1985 . The cause of action
for indemnity arose on July 21, 1986 , when Macy ' s was served
with the lawsuit filed by the Lodges .
1 MARVIN K. LEWIS, ESQ.
(SPACE BELOW FOR FILING STAMP ONLY)
2
3 LEWIS & LEWIS En.
ATTORNEYS AT LAW {�
4 PENTHOUSE-AMERICAN SAVINGS BUILDING
690MARKET STREET J
SAN FRANCISCO.CALIFORNIA 94141i ,3 in;
5 1411)°FiTintiffs ,
6 ATTORNEYS FOR -,) CUs?.` C=` yr c`
L S' -- -"-- Ir-
8 IN' THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY F
0 CONTRA COSTA
!•.i i .�l'il�i�Li
10 GARY LODGE, CINDY LODGE,
11 CHRISTINA LODGE, a minor by and
through her guardian ad NO. 280 774
litem, CINDY LODGE, JULIE -
12 LODGE, a minor, by and PLAINTIFF'S FIRST AMENDED
through her guardian ad COMPLAINT FOR DAMAGES
13 litem, CINDY LODGE, FOR NEGLIGENCE; PRODUCTS
LIABILITY/STRICT LIABILITY
14 Plaintiffs, IN TORT; PUNITIVE DAMAGES;
and LOSS OF CONSORTIUM
15 vs.
16 ESTATE OF JAMES MOUNTAIN
I � GRAHAM, THE BEECHCRAFT
AIRCRAFT COMPANY, THE SUN
VALLEY SHOPPING CENTER aka
18 THE SUN VALLEY SHOPPING MALL.,
R. H. MACY, INC. , GENERAL
19 AVIATION SERVICES, THE ROE
DOE ARCHITECTURE COMPANY, THE
20 DOE DOE CIVIL ENGINEERINGOMPANY,
THE TAUBMAN COMPANY, INC WELLS --
21 FARGO BANK, as Trustee of the
TAUBMAN COMPANY, INC. ,/JAMES
-' MAGEEAN, ARK DISTRIBUTING COMPANY,
INC. , a California Corporation,
73 BEECHCRAFT WEST, a California
24 corporation, CITY OF CONCORD,
COUNTY OF CONTRA COSTA, THE A
DOE AIRCRAFT REPAIR SERVICE and
25 DOES 1 through 500, inclusive,
26 Defendants .
I
I COMES NOW plaintiffs, and each of them, and for causes
2 of action against defendants, and each of them, alleges as
3 follows : ,
4 1. That. CHRISTINA LODGE and JULIE LODGE are the minor
5 children of GARY LODGE and CINDY LODGE as hereinafter set
6 forth.
7 2. Plaintiff CHRISTINA LODGE is a minor born on July 1,
8 1982.
9 3. Plaintiff JULIE LODGE is a minor born on December 27,
10 1984.
11 4, That petitions for guardian ad litem are filed herewith
3 Z 12 appointing CINDY LODGE as guardian ad litem for CHRISTINA LODGE
N I _ 13 and JULIE LODGE.
JY 14 5. Plaintiff GARY LODGE and CINDY LODGE, and all other
Z
15 plaintiffs herein, were injured on December 23, 1985 at the
a
16 Sun Valley Mall ,as hereinafter set forth.
17
FIRST CAUSE OF ACTION
18 (For Negligence Against All Defendants)
19 6• That the true names or capacities, whether
20 individual, associate, corporate or otherwise, of defendants
21 DOES 1 through 500, inclusive, and each of them, are unknown
22 to plaintiffs, who therefore sue defendants by such fictitious
23 names . Plaintiffs are informed and believe and thereon allege
24 that each of the defendants designated herein as a DOE is
25 responsible in some actionable manner for the events and
26 happenings herein referred to, and caused injuries and damages
-2-
I proximately thereby to plaintiffs as hereby alleged.
2 7. At all times herein mentioned each of the defendants
3 named herein, including, without limitation each DOE defendant,
4 was the agent, servant, employee or otherwise acting in concert
5 of each of the remaining defendants and was at all times acting
6 within the purpose and scope of said agency, service and em-
7 ployment, or acting in concert to bring about the damages
8 alleged herein.
9 8. Defendant, CITY OF CONCORD is a municipality located
10 in the State of California.
11 9. Defendant, CITY OF CONCORD is a public entity and
12 at all times herein mentioned negligently, carelessly, wantonly
13 and recklessly allowed, permitted and ratified the building of
14 the Sun Valley Mall in close proximity to Buchanan Field Airport,
15 and allowed, permitted and ratified the implacement of inadequate
16 and outdated landing and directional navigation systems, and
17 other actions which caused and contributed to the injury of the
18 plaintiffs herein.
19 10. Plaintiffs have filed the necessary claims pursuant
20 to the relevant code section against defendant CITY OF CONCORD.
21 The claim of Cindy Lodge, Gary Lodge, Christina Lodge, a minor by
22 and through her parent Cindy Lodge, and Julie Lodge, a minor by
23 and through her parent Cindy Lodge were filed on January 30,
24 1986. These claims were denied on March 31, 1986 . Copies of
25
each are attached hereto and marked as Exhibits "A", "B", "C"
26 and "D".
-3-
t
1 11. Defendant, COUNTY OF CONTRA COSTA is a public entity
2 located in the State of California.
3 12. Defendant, COUNTY OF CONTRA COSTA is a public entity
4 sued herein, and at all times herein mentioned negligently,
5 carelessly, wantonly and recklessly allowed, permitted and
6 ratified the building of the Sun Valley Mall in close proximity
7 to Buchanan Field Airport, and further negligently, carelessly,
g wantonly and recklessly allowed, permitted and ratified the
9 implacement of inadequate and outdated landing and directional
10 navigation systems.
1 13. Plaintiff herein have filed the necessary claims
12 pursuant -to the relevant code section against . the defendant,,...' . .
13 COUNTY OF CONTRA COSTA. The claim of Cindy Lodge, Gary Lodge,
14 Christina Lodge, a minor by and through her parent Cindy Lodge,
15 and Julie Lodge, a minor by and through her parent Cindy Lodge
16 were filed on January 29 , 1986 . These claims were denied on
17 February 25, 1986. Copies of each are attached hereto and marked
18 as Exhibits "E" , IfFff , "G" and "H".
19 14 . That at all times herein mentioned, defendants SUN
20 VALLEY SHOPPING CENTER and each of them, -are located at the
21 number 1 Sun Valley Mall in the City of Concord, State of
22 California. Said defendants are being sued as a result of
23 negligently, carelessly, wantonly and recklessly placing a
24 shopping center that attracts a great number of people on a
25 heavily trafficked air corridor in the vicinity of the Buchanan
26 Field Airport.
—4—
1 15. At all times herein mentioned, the WELLS FARGO BANK,
2 Trustee for the TAUBMAN COMPANY, INC. , and its predecessors
3 in interest, the TAUBMAN COMPANY, INC, a Michigan corporation,
4 and Does 1 through 20, were corporations or other entities doing
5 business in the State of California for the purpose of owning,
6 placing, managing and maintaining defendants SUN VALLEY MALL
7 AND SHOPPING CENTER. Said defendants are doing business in the
g State of California and maintain more than minimal contacts.
9 Said defendants are hereby being sued as a result of their
10 negligent, careless, wanton and reckless behavior of placing
11 and maintaining a shopping center in the area of a busy air
3 ` 12 corridor in the vicinity of the Buchanan- Field Airport. Said
w - >
LL U
13 defendants knew, or should have known, that during a fog,
14 aircraft would make a missed approach and fly over their mall
� Z
L
15 in a very vulnerable position therefore causing a risk of
d
16 disaster and destruction.
17 16. R. H. MACY, INC. , and DOES 100 through 300, inclusive,
lg were at all .times relevant business entities luring customers
19 into the mall while knowing that their location was dangerous
20 due to the close proximity to Buchanan Field Airport and knowing
21 the likelihood of an air crash from planes using Buchanan
22 Field Airport.
23 17. That at all times herein mentioned, decedent JAMES
24 MOUNTAIN GRAHAM and defendants GENERAL AVIATION SERVICES, ARK
25 DISTRIBUTING COMPANY, a California corporation, JAMES MAGEAN, and
26 DOES 23 through 40 and each of them, were the owners and opera-
-5-
t
1 tors of defendants' BEECHCRAFT BARON AIRCRAFT. Said defendants,
2 and each of them, are hereby being sued as a result of negli-
3 gently, carelessly, recklessly and wantonly operating, main
.4 taining, controlling, aviating and navigating said aircraft so
5 as to proximately cause the crash in defendants shopping mall
6 thereby seriously Injuring the plaintiffs.
7 18. That at all times herein mentioned, defendants
8 BEECHCRAFT AIRCRAFT COMPANY, BEECHCRAFT WEST, a California
9 corporation, and DOES 41 through 60, inclusive, negligently,
10 carelessly, recklessly and wantonly designed, assembled, manu- .
1I factured and distributed said aircraft so that said aircraft
3 a Ij 'could not 'be properly controlled by defendants JAMES- MOUNTAIN
s
N � �
13 GRAHAM, and each of them, so as to proximately cause said
14 aircraft to crash into said defendants' mall.
x Z
Z N 15 19 . On or about December 23, 1985, defendants and
s
16 decedent, JAMES MOUNTAIN GRAHAM, so negligently, carelessly,
17 wantonly and recklessly maintained and controlled and repaired
18, said aircraft so as to proximately cause said aircraft to crash
19 in the mall thereby proximately causing the plaintiffs to
20 suffer severe personal injuries.
21 20. . That at all times herein mentioned, GENERAL AVIATION
22 SERVICES, DOE AIRCRAFT REPAIR SERVICE, ARK DISTRIBUTING COMPANY,
23 INC. , JAMES MAGEAN and DOES 23 through 40, inclusive, so negli-
24 gently, carelessly, wantonly and recklessly maintained and
25 repaired said aircraft so as to render said aircraft inoperable
26 proximately causing said aircraft to crash in the shopping
-6-
I mall.
2 21 . That at all times herein mentioned, defendants
3 DOE CIVIL ENGINEERING COMPANY and DOE ARCHITECTURAL COMPANY
4 and DOES 61 through 80, located said mall and gave advice to
5 locate said mall under the main corridor of air traffic from
6 Buchanan Field Airport. As a direct and proximate result of
7 placing large numbers of the public and enticing them to go to
g a shopping center, large numbers of the public were placed in a
9 very dangerous position. Said placement of said shopping
10 center under the air corridor of a busy airport was negligently,
a 11 carelessly, wantonly and recklessly promoted by said defendants ,
v. r
3 Z _ and each of them.
C4 Z 13 22. As a further, proximate result of the negligence
cv 14 of defendants, and each of them, plaintiffs, and each of them,
.. x
Z
y y 15 suffered a loss of earnings and earning capacity which has been
a
16 greatly impaired, both in the past, present and future, in an
17 amount according to proof.
18 23. As a further, proximate result of the negligence
19 of defendants, and each of them, plaintiffs, and each of them,
20 have incurred and will continue to incur, medical and related
21 expenses in an amount according to proof.
22 24. As a proximate result of the negligence of defendants,
23 and each of them, plaintiffs , and each of them, were hurt and
24 injured in their health, strength, and activity, sustaining
25 injury to their nervous systems and person, all of which in-
26 juries have caused, and continue to cause, plaintiffs great
-7-
mental, physical and nervous pain and suffering. Plaintiffs
are informed and believe and thereon allege that such injuries
3 will result in some permanent disability to them. As a result
4 of such injuries, plaintiffs, and each of them, have suffered
5 general damages in an amount according to proof.
6 SECOND CAUSE OF ACTION
(For Products Liability/Strict Liability
7 In Tort Against Defendants BEECHCRAFT AIRCRAFT COMPANY,
BEECHCRAFT WEST, ARK DISTRIBUTING COMPANY, INC. , JAMES
8 MAGEEAN and DOES 24 through 40, 42 through 61 , inclusive,
9 25. Plaintiffs reallege paragraphs 1 through 18 as
10 though fully set forth herein.
N s a 11 26. Said aircraft was defectively designed, manufactured
s
�, _ x _ 1� and asso mbled proximately causing- said - aircraft to crash into
Z
as13 said mall.
3 � < � 2
< yos 14 27. That at all times herein mentioned, said defendants
Z
15 BEECHCRAFT BARON AIRCRAFT was designed, manufactured, and
a
16 assembled and distributed for the purpose of flying in the air
17 and safely transporting persons and property in a safe manner
18 so that said aircraft would not crash as a result of any of
19 parts or components .
20 28. That as a direct and proximate result of the defective
21 manufacture, assembly and design and the distribution of said
22 BEECHCRAFT BARON AIRCRAFT involved in said accident, said
23 aircraft did crash proximately causing severe personal injuries
24 to the plaintiffs who were pedestrians and shoppers in defendants '
25 mall.
26
-8-
1 THIRD CAUSE OF . ACTION
(For Punitive Damages and Exemplary Damages
2 Against Defendants WELLS FARGO BANK, as
Trustee for the TAUBMAN COMPANY, INC. , the TAUBMAN
3 COMPANY, INC. , SUN VALLEY SHOPPING CENTER,
SUN VALLEY MALL, and DOES 1 through 20, inclusive. )
4 29. Plaintiffs reallege paragraphs 1 through 20 of the
5 First and Second Causes of Action as though fully set forth
6 he rein.
7
30. Plaintiffs and each of them, allege a cause of action
8
for punitive damages and exemplary damages in the sum of SEVENTY
9 FIVE MILLION DOLLARS on facts alleged in this complaint.
10 31 . That at all times herein mentioned, Buchanan Field Airpo
a 11
is an airport which purchased its land in 1942 and started
yN �
~< r = 12 operations in 1946 . During heavy fog, when the airport lights
o�
, z ~ C�
13 cannot be seen "missed approaches" are common and at such times
14
airplane pilots are flying by instruments . The stress level of
15
pilots during such maneuvers of aviating, navigating and com-
16 .
municating to the tower is extremely high. The probability of
17 a crash of a circling plane during these times are statistically
18 much higher than normal . All
g property within a one mile radius
19 of an airport is in a forseeably dangerous position. Defendants ,
20 and each of them, knew of said danger but in conscious disregard
21 of the danger that potential customers and users of said mall
22 might undergo they selected said site for said shopping mall
23 because of the inexpensive land that can be purchased in the
24
vicinity of airports. Members of the general public who are
25 not as sophisticated as architects , engineers and shopping
26
-9-
center developers would not know of this foreseeable danger and
2 would shop at said mall feeling perfectly safe.
3 32. As a direct and proximate result of said conscious.
4 disregard of the safety and life of the potential users of the
5 mall, said mall was located in said dangerous location thereby
6 attracting thousands of potential shoppers and placing them in.
7 a very precarious position.
g 33. As a direct and proximate result of said conscious
9 disregard of the rights and safety of potential shoppers and
10 users of the mall, the plaintiffs were attracted to said mall
11 on a foggy night, thereby placing them in extreme danger of an
C., v <
3 < 5 x airplane crash which- did occur proximately causing severe
< N
�S J Y Irpersonal injuries to the plaintiffs.
13'
< N �_
3Z 34. Defendants knew that by placing said shopping center
�= < 14
• � H y
2
Z 15 in a radius within one mile of an airport that a crash was
:u
d
16 inevitable and that said crash had a high likelihood of occurring
17 on their mall.
18 FOURTH CAUSE OF ACTION
(For Loss of Consortium for
19 Plaintiff CINDY LODGE Against
All Defendants)
20
21 35• Plaintiff CINDY LODGE incorporates all paragraphs of
22 all previous causes of action as though fully set forth herein.
23 36. Prior to December 23, 1985, which is the date of the
24 accident which is the subject of this lawsuit, the plaintiffs
25 CINDY LODGE and JAMES LODGE were wife and husband, and said
26 marriage was a loving, affectionate marriage and said plaintiff
—10—
1
I JAMES LODGE performed all services that were expected of a
2 loving husband.
3 37. Subsequent to the injury, and as a proximate result
4 thereof, plaintiff JAMES LODGE has been unable to perform the
5 necessary duties that are expected of a loving husband, which
6 include the work and services usually performed in the home,
7 maintenance and management of the family home, and will be
8 unable to perform such work, service and duties in the future.
9 38• As a result of said accident, plaintiff CINDY LODGE
10 is informed and believes and thereon alleges that plaintiff
11 JAMES LODGE is unable, and will continue to be unable, for an
L 12 unspecified period of time, 'to have marital comfort to the
Z f v
y Y n 13 detriment of the marriage.
J ` y 14 39. Plaintiff CINDY LODGE has witnessed her husband 's
� Z
15 physical and mental suffering. This has caused plaintiff CINDY
a
16 LODGE mental suffering.
17 WHEREFORE, plaintiffs, and each of them, pray for the
18 relief as follows against defendants, and each of them, on
19 Causes of Action One, Two and Four:
20 1 . For general damages within the ,jurisdiction of this
21 court;
22 2. . For medical expenses, past, present and future;
23 3 . For wage loss, past, present and future;
24 4 . For loss of earring capacity;
25 5 . For costs of suit;
26 6. For prejudgment interest; and
—11—
1 7. For such other and further relief as is Just.
2 Plaintiffs, and each of them pray for relief as follows
3 on the Third Cause of Action against said defendants named
4 therein:
5 1 . For general damages within the jurisdiction of this
6 cou rt;
7 2. For medical expensespast, present and future;
8 3. For wage loss, past, present and future;
9 4 . For loss of earning capacity;
10 5. For costs of suit;
a 11
6. For prejudgment interest;
x 12
7 . For such other and further relief as is just;• and
t z is r
Z u = 13 8. For punitive and exemplary damages in the amount of
LU
< H -$ < 14 $75,000,000.00.
LL
15
16 Dated: April, 1986
17 LEWIS & LEWIS
18
19 By
MARVIN K. LEWIS
20 Attorney for Plaintiffs
21
22
23
24
25
26
-12-i A
- t
S � t � �,, •fir:=;_•.,:
<R.Wr:a .t .... .)r:�s.y � .. ...:: .. .0.:.w-_.._..d'.'_-w'7r,�a-.•:-.. _ � � �- .... . . :•l`-�i�d�: � ._ .._
AMENDED
. x� Y� :�A� 1•.186 .:- � ;:�=�'�t'zaM.
DOM cF 97mm"s Cr'dWTff own Cmm +rUMPM ► WM icriaH i
�•: 1102ICE TO CLtMJt?t"! April 29. 1985
z �•n iiLe Lasia�t the County, cr bistriat s .f
u- bit:ped by tbs Board of Suparviscrr�s, oogy' s sd to Fou is Foca
w4orsemeatsI and Hoard• `f' llotioe of the action takes on your claim by the
N' itd�fniOtioa. -All Section rofer:2soas ins~ •.r of rocs (pareg:^apts XV, below),
j : Oat'd 9uperti
?> sa; to Galifocnia Governmmt Codon t to Government Code Section 913
:. 915.4. Please note all, Ovarninbs*.
C`liieiants -Julie Lodge, '.a minor.-:;by °ihe ':through her parent, Cindy Lodge, to be
gppcinted guardian .ad Litem. ..
^" `r''1LLcefley: Marvin K. Lewis
Lewis & Lewis ,
-Addrsssi '690 Market St. ,PenthouseSa
fir° t: ;4n000a0008O0 co CA 94104 deli raryand delivered
to clerk on March 31,
1985
> x Data 19oalvedi March 3101986 byisilli psostnaarked cm
Nom' Clerk Sas ....TDi County Counsel
Attaczied is a copy of the above-aoLid claim.
DatidiApril 1i 1986 VM UTQH� Qark, ey Deputy
ow es
.,.r FOR, tl Counselr iClark of Um Board of Supery sora
'.(Check only One)
lily This claim oaspliss suhstansttally witty Sections 910 and 910.2.
Shia claim FA= to acaply subatanstially.with Sections 910 and 910.2, and we are
so notifying claimant. .the Bflard caaoot-act for 15 days (Section 910.8).
1 T'+rt>
?;' .( .� . Claim is mat timely filed, Clerk should return claim on Sround that it was filed
L-A send warning of 63aimant's,4-16ht to apply for leave to present a late
Claim (Section 911.3)..
J.i Qthen"i
tows Ft= 7 By: Deputy Co=ty Coursel
M. TRCHs Clark of the Hoard "moi 'll) ty Counsel, (2) County Administrator
^{ -? Claim Vas returned as untimely with-notice to claimant (Sections 911.3).
'A`'ITr. aJARD �CDF3t By W nimpus iota Of Supervisors present
!-:zl X} Siris c1al.343 rejected in full.
other,
oarti y that this is a true and oosrrct copy of the &yard'a Order ant in its
•�:r.•,'kK,'•,•-.r[: �in�Y46i for thlg �46. ..
-.•, e•_Deitmdt —A
i 11fU7V, 2 9 P�2I. BJtTQI CR, G1ark; ESr � `� , C.+.� , Deputy Clerk
1"` )tT.
WART= (tia�r Coda Section 913)
Sub3sct to certain asoeptioai
•::,_�;..,:... , Fou tura telly nix (6) arxsttss from the, data of this '
cystine was personally sewed or deposited in'the wail to file a court Utica on this
See Government-Code Section
.,
' You way seek the advice of as attorney of your oboioe in oaizneetion with this
`'aaLtar. If you want to oacsult an attomey,'you should do so I=mdiatsly.
,4
r
Thi•-4 - -y..S,
,ir4, r` AMENDED , a
it'`" ARD CF �PFAVZ .g A META MIRi'iT, CALMKI TA
BOARD ACiTOH �s
F
. •\ � � .� . TF1
� r • s . ;` '` �k' April X, 1986'
aim Against tb�i Coursty,'oe'_�iat;iat GF� 110'fICE TO cLAs?SART
•b�►--t2>t:Board ot.3uyer►lsors. r, e poppy o s. b to 7m Is yea
z ice•cf'tbe action taken cc lour claim by the '
Rotitfis6 Endorsamentsi'and•8oai'd ! s� , r
- ot3oc.=:/11`Sectloa r�fea�+noes era8oard ot. perTisors (Paragraph Ior
below),
i <toalitorrtiis ctovern�ent Cedes ' tgfvea:pi>rsunnt to Coverr�aent Code section 913
*Warnings"
plea3e note all .
g;Qaimant: Christina Lodge,-`a minority 'and through her parent, Cindy Lodge, '
be appointed guardian; Litem
' I f�ttcra `Marvin K Lewis
1L` ,Lebis & Lew.is
" address: 690'Market•St Penthouse�u
«
;an Francisco, GA,a� 9410�+ �5 Hand delivered
-s ��teountt $4,000,000 "00 ` 8y delivery to clerk on March 31, 1986
~{Date Received:March 31,Z. 6 ByiRaii� p03tmarked on
r'1*Vis, er Su sots County Counsel
Attaohed is a copy of the above•�noted claim.
rKDateds April 1, -1986 pSIL BATC73F1.OR, Cler'S4, By Deputy
Fti
Y rinowle
�.
.,County Counsel :•,s , a 20s Clerk 0 o Supervisors
:.(Check only.ane) t` .n
-This claim oompliesrsubitantially wi£h'Sections 910 and 910.2.
claim FAILS to'666ply;su6t4ihtially with Sections 910 and 910.2, and we are
wGe--%Zf;ao notifying claimant. The Board oanAot act fw 15 days (Section 910.8).
.F �,�.. .. ...
Ss not timely filed.r=erk should return claim on pound that it was tiled
-late'and send warning of s:laiOit to apply for leave to present a late
r claim (Section
r
BY: �j r.l. ��t tft',�C�L Q Deputy County Counsel
rw �ZII. nOMs Clerk of the Board Cl) qty Counsel, (2) County Administrator
Claim was returned"a' untimely with mtioe to claimant (Section 911.3).
I9. "kiym cma By unanimous vote of Supervisors present
X) This claims rsjected in full.
"Othersnt- 10 Y
.S
_+cern y tthat this datis e
_fl
a true correct,copy the 'a antero in is
M jl�AA4
�-,;.F ':,.:Dated: 2 9 ►�cO P9IL SATC 3.OR;Clerk, By , DeDuty Clerk
1iATtlIDi�3 (06i..bo&.,Section 913)
'ub�eet to certain azoeptior>s;'.7oa lsfwt poly nix (6) atonths from the date of this
iaatioe was pY p� 1?r•the mail to file a
served oc�'de ited. _ court action on this
plata. See 0o�rarsment Code section_945.6.1.
4 �4 T'You may seek the advice os an attmwy.of your ehoioe in ocrrnectien with this
7„k.:attar. if you want to consult an'attornJJy,ey,'you should do so immediately.
F
��� . , _ '•rya,`.:, _ .
:.'�'a... .�: .i ..
t try * s
f '
�,�s• "4
4' t!
. \� rye �r, t > ~.� t �.`. �/ •. MF1rT��—_. ..
BARD OP 9084 Qr J COSTA LOUR't. CALII�NIA
,
J. ARD Acriox
16+iisst the Costly, er tdstriet_ .: WMCE TO CI.AZ�IJIA't' April 29 1986
fssssd es the Board of Sup�'+risara►, be:ooDy s mailed to yaa
`� ;` outing$idorsements, and Boardpotioe of the action taken on 70r 03sim by the
lotico. Lll.Section references are s'Soard of ftervisocs (Paragraph IP, WOW),
, to California Government Codes `F�itea►'pta•suant
to Qoverszoent Code Section 923
> nc; �aad 915.x. Please note all "iiarrsings".
Qaatt Cindy Lodge
" F
Attorneys Maryfn'K. Lewis � y
Lewis
';-Atddren: 690 41arket.St .:Penthouse r
San Francisco, CA 44104 �, Hand delivered
,$4,000,000 .00 Sit delivery to clerk on March 31. 1986
`Date aeoaired: March 31; 1986,�' � rBYvan postmarked on
-s d3 iC erk of the. .SU �: County Counie
Attached a a copy Of,41,
the shove-noted claim.
r `3=Dated: April 1, 1986 PHIL. BATQMM Clerk, By Deputy
+ . ..�A ri �G :•. CIEFy Rzowies
%` i,kfFROM_ County
CounS ar' r.t + '�: Clerk of the Dowd of Supero sC"
F (Check only one)
(4� hese Claim complies substantially;�ritb Rectiom 910 and 810.2.
,.6 r 'iliia
claim,FAILS tc'Comply aubstaatialljc with Sections 910 and 910.2, and we are .� 3
ao notifying claimant. The Boaact for 15 days (Section 910.8).
_
Y ',Claim i.not timely filed:': Clark dhQvld returir claim on g•oursd that it was tiled '
;late and send warns g of alaimant�s tight to apply for leave to present a late
Claim (section 911.3).
w `
Othersy ,
7-
y.zatedi � : �� Decutiy ty counsel
.
+< PROfi: Mark of the BoardCocaitp Courssel, (2) County Administrator
'Boson was returned as taitimely xith aQtice to claimant (Section 921.3).
ED= ORDER BY t nwd6ous stole Slrpervisors present
as a,y.andtd N0 e
y�X� '.?his eldlikis refected in.tull. �'��(p
,.
h ` I certify that this is a trueand correct copy of the Board's Order entered in it3
r T sinutea for date. i r ��p
rbatad: HUK L PHIL 8A7'CFiII.Qit Qerk, By cL'f 5nti, �.�.v� • Deputy Clerk
1tAfiiDiG (Coo. ods.Section 943)
".;R Subfect to oertain esoeptiom yo�t bis;Wcaly six (6) sionths from the date of this
wa3 peraonially served.or deposited-143he Grail to file a court action on this
., claim. See Oovarnment Code.Section 945. ;
Tou smr seek the advice of an attoruep;of your choloc in ournection vitt this
If you want to consult an atterney;'you should do so mediately.
r.
�/ t• �..-
City of Concord
PHONE: (415) 671.3078 CITY COUNCIL
Ronald K.Mullin,Mayor
Colleen Coll,Vice Mdyof
June V.Bulman
Diane Longshore
April 2 , Farrel A1986 FaL.Weir
rel A.Stewart,City Manager
Gary Lodge
c/o Marvin K. Lewis, Esquire
Lewis & Lewis
690 Market Street, Penthouse
San Francisco, California 94104
Dear Mr . Lodge:
Pursuant to the authority vested in me by the City Council,
you are hereby notified that the claim you presented to the
City of Concord dated March 31 , 1986 pertaining to an
incident occurring on December 23, 1985 in the amount of
$4 , 000, 000.00 is hereby rejected in its entirety.
WARNING
Subject to certain exceptions , you have only six (6) months
from date this notice was personally delivered or deposited
In the mail to file a court action on this claim. See
Government Code Section 945 .6.
You may seek the advice of an attorney of your choice in
connection with this matter. If you desire to consult an
attorney, you should do so immediately.
Yours very truly,
EVERETT R. LIFT
Acting Finance Director
ERC:ac
CC: City Attorney
CCCMRMIA PPR 4 . 196
.CONCORD CIVIC,CENTER _1950_PARKSIDE DRIVE CONCORD CALIFORNIA '94519 .
y `
L
City of Concord
PHONE: (415) 671.3078 CITY COUNCIL
Ronald K.Mullin,Mayor
Colleen Coll,Vice Mayor
June V.Bulman
Diane Longshore
Stephen L.Weir
April 2, 1986 Farrel A.Stewart,City Manag-
Julie Lodge., via Cindy Lodge
c/o Marvin K. Lewis, Esquire
Lewis & Lewis
- 690 Market Street, Penthouse
San Francisco, California 94104
Dear Miss Lodge:
Pursuant to the authority vested -in me by the City Council ,
you are hereby notified that the claim you presented to the
City of Concord dated March 31 , 1986 pertaining to an
Incident occurring on December 23, 19.85 in the amount of
$4 ,000,000.00 is hereby rejected in its entirety.
WARNING
Subject to certain exceptions, you have only six (6) months
from date this notice was personally delivered or deposited
In the mail to file a court action on this claim. See
Government Code Section 945. 6.
You may seek the advice of an attorney of your choice in
connection with this matter. If you desire to consult an
attorney, you should do so immediately.
Yours very truly,
EVERETT R. CLIFT .. _ .. .
Acting Finance Director
ERC:ac
cc: City Attorney
CCCMRMIA APR 4 - 1986
CONCORD CIVIC CENTER 1950. PARKSIDE DRIVE CONCORD CALIFORNIA 94519
` K
City of Concord
PHONE: (415) 671-3078 CITY COUNCIL
Ronald K.Mullin,Mayor
Colleen Coll,Vice Mayor
June V.Bulman
Diane Longshore
April 2 19 8 6 Stephen L.Weir
, Farrel A.Stewart,City Manag
Cindy Lodge
c/o Marvin K. Lewis, Esquire
Lewis & Lewis
690 Market Street, Penthouse
San Francisco, California 94104
Dear Ms . Lodge :
Pursuant to the authority vested in me by the City Council ,
you are hereby notified that the claim you presented to the
City of Concord dated March 31 , 1986 pertaining to an
incident occurring on December 23 , 1985 in the amount of
$4 ,000,000.00 is hereby rejected in its entirety.
WARNING
Subject to certain exceptions, you have only six (6) months
from date this notice was personally delivered or deposited
In the mail to file a court action on this claim. See
Government Code Section 945. 6 .
You may seek the advice of an attorney of your choice in
connection with this matter. If you desire to consult an
attorney, you should do so immediately.
Yours .very truly,
EVERETT R. IFT
Acting Finance Director
ERC:ac
CC: City Attorney
CCCMRMIA APR 4 _ �gg6
CONCORD CIVIC CENTER 1950 PARKSIDE .DRIVE CONCORD CALIFORNIA 94519
City of Concord
PHONE: (415).671. 3078 CITY COUNCIL
Ronald K.Mullin Mayor
Colleen Coll.Vice Mayor
June V.Bulmin
Diane Longshore
April 2, 1986 Stephen L.Weir
Farrel A.Stewart.City Manager
Christina Lodge, via Cindy Lodge
c/o Marvin K. Lewis, Esquire
. Lewis & Lewis
690 Market Street, Penthouse
San Francisco, California 94104
Dear Miss Lodge :
Pursuant to the authority vested in me by -the City -Council ,
you are hereby notified that the claim you presented to the
City of Concord dated March 31 , 1986 pertaining to an
incident occurring on December 23, 1985 in the amount of
$4 ,000,000.00 is hereby rejected in its entirety.
WARNING
Subject to certain exceptions, you have only six (6) months
from date this notice was personally delivered or deposited
in the mail to file a court action on this claim. See
Government Code Section 945 . 6.
You may seek .the advice of an attorney of your choice in
connection with this matter. If you desire to consult an
attorney, you should do so immediately.
Yours very truly,
EVERETT R. C.LIFT
Acting Finance Director
ERC:ac
CC: City Attorney
CCCMRMIA APR 4 _ 1986
CONCORD CIVIC CENTER 1950.PARKSIDE _DRIVE . CONCORD CALIFORNIA 94519
� Mpy,- luso . • . . . . —._. _..
F 'AMENDED r �-�
BOARD CF MFEEV19M OF� COSTA CC+M=, CALTKFOaA { .
WARD ICTIO\
Qaim Against tlse Canty, or bistriet. F, lIOYICE M QJl?!IA?R April 29, 1986 i
V .Ieveraed. by.the Board of Suporvisora,:' T5s copy a t ed to you !a ymr.
.mouting.Fndorsementa, and Board: ))) notioe of the aotion taken on lour alum by the
ACtien, L11.Section referenoea are .. ) ,.BOard.ef Supervisors (Paragraph I9, below),
to'California Government Codes
C �rY 1tiven Pjrsuant t0 GOvw ment COde SeOtion 913 i
a Aaimaats Gary" Lodge ; } 915.4. Please note all wWarnings".
♦t toes Marvin K. Lewis �\
:Lewis-& Lewis
f gddre�sss 690 .Market St ;Penthouse
• 14 San Francisco,- delivered
1, A�oounts $4,000,000.00 By delivery to Clerk on March 31, 1986
Date heoeiveds March 31,-'._1986 ,
snail, postmarked on
( By.� .
i : erk a Boar Supe sora 70: Canty CCunse
h Attached is a copy of the ab6ve-n6ec
Dated: Arri l 1 '1986 pHli, gp �,pg
n1=�6.0 Deputy
s r ZAKhowies
1 sY : Jaerk of the Board of Supervisors
(Check only one)
�t Y Y�) Zhia claim compliallt idth Sections 910 and 910.2.
;1( ) .This Claim FAILS to,o®piy substantially t+itA Sections 910 and 910.2, and we are
,.
so notifying claimant. The Board Cannot act for 15 days (Section 910.8).
( } Claim is not timel
y filed.` Clerk should return claim on ground that it was filed
late and send srarningg of claimant-la light..to apply for leave to present a late
claim (Section 911.3).
( ) Others
r Dateds By G_7_LCA-A_L,1 De
pcty County Counsel
SSL
FROM: Mark of the Board " YD: Wtounty Cmmel, (2) County Administrator
1,( :C311m wan returned asuntimely with notice to claimant (Section 911.3).
-;= •:4DAM OMMBy is&-&mous vote Of.Supervisors present
_
X) This alaimlis refected in
Other:
40k ;
s. v. oertsfy that toss is a true correct COPY of the Board's Order ant
es ere in is
sinutfor this date.
�C ,A
=batads R q 0 PHIL BATCFiIIOR, Clerk, By , Deputy Clerk
WAYO= (Qov Code Section 91
''~ ' : '+' Subject to certain azoeption3#,lr u Save only aiz (6)aonths frac the date of this
Was dtaia. 3eapersossa11
y served or deposited in.the mail to file a court action Ca this
-:i.. erasent Code Section 945.6r� :
"YOU may seek the advioe of an att mey of 7m' Choice in oessneeticn With thia
ffitta:'. It you want to oonlult an attornan-you should do so imoediately.
r
MACY'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
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
rLKLV 5 5uN VALLEY MALL CRASH -
Sadler, Kelly
Sadler, Pamela
Sadler, Sabrina
Santos, Edward
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 //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 October 7 , 1986
and Board Action. All Section references are to ) The copy of this document mailed to you is your
California Government Codes. ) notice of the action taken on your claim by the
Board of Supervisors (Paragraph IV below),
Amount: Undeterminedd given pursuant to Government Code Section 913 and
915.4. Please note all "WARNINGS". County Counsel
CLAIMANT: MACY' S CALIFOIU4IA #286291
c/o Daniel M. Crawford, Esq. SR 161986
ATTORNEY: Carroll , Burdick & McDonough
One Ecker Bldg. , Suite 400 !Martinez, CA 94553
ADDRESS: San Francisco, CA 94105 Date received
BY DELIVERY TO CLERK ON: September 12 , 1986
BY MAIL POSTMARKED: September 11 , 1986
i. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL BATCHELOR, CLERK
DATED: September 15 , 1986 BY: Deputy
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Sup rvisors� �
tom--r1� ` �
('x) This claim complies supstantiall wit .Sections 910 nd 9 0. It� /
(( �lC h� u li �cLl�� y�j� t'Il ccs o • a �9/.
(X—) h;s claim FAILS co y substantial ith Sections 910 and 910.2, and We are so notifying
c aimant. T e Boar cannot act f r 1.5 days (Sec ion 910.8)../U� f
�t e?_Zz , �2.1 tip, 2� A VV
( ) aim is not time.l filed. The Clerk should eturn claim n 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;�q 1 nm By: i,c Y'�t,"',)_-Deputy County Counsel
II1. FROM: Clerk of the. Board TO: County Counsel (1) V 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.
OCT 0 71986 e
Dated: PHIL BATCHELOR, Clerk, By —O{./ Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have.only six (6) months from the date this notice was personally`3erved
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.
CC: Claimant County Counsel County Administrator
LAW TO: BOARD OF SUPERVISORS OF CONTRA CO§ Q?Wyapplication to:
Instructions to ClaimantVerk 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
of this form.
RE: Claim by )Resery Clerk's filing stamps
Macy 's California I
.EIVED
Against the COUNTY OF CONTRA COSTA) F°/ 386
)
or DISTRICT) cueV8HE1RsFi n name ey .... Duty
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 r —occur? (Give exact date and hour]
December 23 , 1985 , at approximately 8 :30 p.m. Macy ' s was served
with a lawsuit by plaintiff Widick on July 21, 1986 , and Macy' s cause
of action for_ind Lty QLQ24 2n that
'�. W�iere did tie damageor_ injury occur? _n____de_c_ y_and_cou_n_y_
____
Sunvalley
Shopping Center, City of Concord, County of
Contra Costa.
.��������-----------------�-.��---....r..-----r-
3. How did the damage or injury occur? (Giveul� �etai�s, 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.
15. 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? 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? (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 .
�.- List the expenditures you made on account of this accident or in3ury:
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 s e erson o&,IVI_s_'vpehalf. "
Name and Address of Attorney
Daniel M. Crawford, Esq. Claimant ig ature
Carroll , Burdick & McDonough f r . Macy s CaV-0 nia
One Ecker Bldg. , Suite 400 Addr
San Francisco, CA 94105 P. O. Box
TeleTelephone No. 415/495-0500 San Francisco, CA 94120
P Telephone No. 415/954-6014
Attn : William H. King, Vice Pres .
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 Robert
Widick. Mr. Widick is claiming damages set forth in his
complaint filed on May 15 , 1986 , a copy of which is attached
hereto as Exhibit A.
6 . Plaintiff seeks general damages within the jurisdiction
of this court, medical expenses , past, present and future, wage
loss, past, present and future, loss of earning capacity, costs
of suit, prejudgment interest, such other and further relief
as is just, and punitive and exemplary damages. See Exhibit A.
Macy' s claim is for complete and/or partial indemnity of any
recovery against Macy's by Mr. Widick and other parties claiming
damages due to the aircrash. The accident out of which the
claim arose occurred on December 23 , 1985. The cause of action
for indemnity arose on July 21, 1986, when Macy' s was served
with the lawsuit filed by Mr. Widick
City of Concord v
PHONE: (415) 671• 3C78 CITY COUNCIL
Ronald K.Mullin,Mayor
Colleen Coll,Vice Mayor
March 3 1 1 986 ,lune V.Busman
s Diane Longshore
Stephen L.Weir
Farrel A.Stewart,City Manager
Robert Widick
Marvin K . Lewis , Esq .
Lewis & Lewis
690 Market Street , Penthouse
San Francisco , California 94104
Dear Mr . Widick:
Pursuant to the authority vested in me by the City Council ,
you are hereby notified that the claim you presented to . the
City of Concord dated March 31 , 1986 pertaining to an
incident, occurring on December 23 , 1985 in the amount of
$40 , 000 . 00 is hereby rejected in its entirety .
WARNING
Subject to certain exceptions , you have only six ( 6 ) months
from date this notice was personally delivered or deposited
in the mail to file a court action on this claim. See
Government Code Section 945 . 6 .
You may seek the advice of an attorney of your choice in
connection with this matter . If, you desire to consult an r
attorney , you should do so immediately .
Yours very truly ,
EVERETT R ./ CL IFT
Acting Finance Director
ERC : ac
cc : City Attorney
CCCMR MIA
PLAINTIFF'S
3 F-XH161T
.l A"
CONCORD CIVIC CENTER 1950 PARKSIDE DRIVE CONCORD CALIFORNIA 94519
' A9q6ENDED
. � - APR 10 1986 I . a
BOARD CF �PSR9L90RS CF C�CDSTA Comm, U,CA 945
BDAAfl AL`l1CN
Claim Against the Canty, or bistriet ) NOTICE TO CLADWgT Aoril 29, 1986
governed by the Board of Supervisors, ) The copy of this domjment =11I;d to you is Toa
Routing Endorsements, and Bogard ) notioe of the action taken on your claim by the
Action. All Section references are ) Board of Supervisors (Paragraph I9, below),
to California Government Codes ) given pursuant to Government Code Station 913
and 915.4. Please note all wWarnings".
Claimant: Robert Widick
Attermy: Marvin F. Lewis
Lewis & Lewis
Ad 690 Market St. , Penthcuse Hand delivered
San Francisco,. CA 94104 Aoril 10, 1986 "
Amount: $40,000.00 + By delivery to clerk on
Date Received: April 10, 1986 By mail, postmarked on
: Clerk of the Board of Supervisors 70: County Counsel
Attached is a oopy of the above-noted claim. ((�� �p
Dated:April 10, 1986 PHIL BATCHELOR, Clerk, By \�' }1ti-4y`l-xl� Deputy
-=--ffy now e s
II. : County Counsel 70: Clark o Su sora
__.. .._ (Check only one)
(}4 This claim ocmplies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are
so notifying claimant. The Board 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).
( ) Cather:
Dated: 777 777 i`•i By: c/ o/ Deputy County Counsel
III. FROM: Clerk of the Board TO: (1) County Counsel, (2) Canty Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
Iv. scAm. anm By unanimous Vote Of Supervisors present J PLAINTIFF-9
&—s ae
—. ntad EXHIBIT
- (X) This elaimAls rejected in full.
N F511
. ( ) tither: -
I oertify that this is a true and correct copy of the Board's Order en in its
ainutes for this date. 1/
Dated: noo 10Qr, PH-1L BA70MOR, Clerk, By F- -'�� , Deputy Clerk
VARNnr, (Gov. Code Secticn 913)
Subject to oertain exceptions, you have only six (6) months from the data of this
notice was p --zn:slly served or deposited in the sail to file a oourL cctica on this
claim. See Goverment Code Section 945.6.
You may seek the advice of an attorney of your choice t:, connection with this
ffitter. If you want to ooasult an attorney, you should do so immediately.
•fi.
7
1 MARVIN K. LEWIS, ESQ.
(SPACE BELOW FOR FILING STAMP ONLY)
2
,r
3 LEWIS & LEWIS Fj L it t�
ATTORNEYS AT LAW
4 PENTHOUSE-AMERICAN SAVINGS BUILDING
690 MARKET STREET
SAN FRANCISCO,CALIFORNIA 94104
5 (415)421.7616 1.R 0 1JCNi, C+i;ir.i, Ci?r c
Plaintiffs Oc`•`Tk� �,
6 ATTORNEYS FOR Ey
5.CO�:DOVA. Deputy
7
9 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF CONTRA COSTA
1° 286291
11 ROBERT WIDICK,
12 Plaintiff NO.
13 vs .
COMPLAINT FOR DAMAGES
14 ESTATE OF JAMES MOUNTAIN FOR NEGLIGENCE; PRODUCTS
GRAHAM, THE BEECHCRAFT LIABILITY/STRICT LIABILITY;
15 AIRCRAFT COMPANY, THE SUN PUNITIVE DAMAGES
VALLEY SHOPPING CENTER aka
16 THE SUN VALLEY SHOPPING MALL,
R. H. MACY, INC. , GENERAL
17 AVIATION SERVICES, THE ROE
DOE ARCHITECTURE COMPANY, THE,
18 DOE DOE CIVIL ENGINEERING COMPANY,
THE TAUBMAN COMPANY, INC. , WELLS
19 FARGO BANK, as Trustee of the
TAUBMAN COMPANY, INC. , JAMES
20 MAGEEAN, ARK DISTRIBUTING COMPANY,
INC.., a California Corporation,
BEECHCRAFT WEST, a California
21 corporation, CITY OF CONCORD,
COUNTY OF CONTRA COSTA, THE A
22 DOE AIRCRAFT REPAIR SERVICE and
23 DOES 1 through 500, inclusive,
24 Defendants .
25
26 //
1
COMES NOW plaintiff ROBERT WIDICK and for causes of
2
action against defendants, and each of them, alleges as
3
follows:
4
5 FIRST CAUSE OF ACTION
( For Negligence Against All Defendants)
6
1 . That the true names or capacities, whether
7
individual , associate , corporate or otherwise, of defendants
8
DOES 1 through 500 , inclusive, and each of them, are unknown
9
to plaintiff , who therefore sues defendants by such fictitious
10
names . Plaintiff is informed and believes and thereon alleges
a ' rZ 11 that each of the defendants designated herein as a DOE is
2
1_ responsible in some actionable manner for the events and -
y � � � - 13
3 < � happenings herein referred to, and caused injuries and damages
14
-' i proximately thereby to plaintiff as hereby alleged.
15
2 . At all times herein mentioned each of the defendants
16
named herein, including, without limitation each DOE defendant,
17
was the agent , servant, employee or otherwise acting in concert
18
of each of the remaining defendants and was at all times acting
19 within the purpose -and scope of said agency, service and em-
20
ployment , or acting in concert to bring about the damages
21
alleged herein.
22
3 . Defendant , CITY OF CONCORD is a municipality located
23
in the State of California .
24 ,
4 . Defendant , CITY OF CONCORD is a public entity and
25I at all times herein mentioned negligently , carelessly , wantonly
26
-2-
i
I and recklessly allowed, permitted and ratified the building of
2 the Sun Valley Mall in close proximity to Buchanan Field Airport,
3 and allowed, permitted and ratified the implacement of inadequate
4 and outdated landing and directional navigation systems, and
5 further, other actions which caused and contributed to the
6 injury of the plaintiff herein.
7 5. Plaintiff has filed the necessary claims pursuant
8 to the relevant code section against defendant CITY OF CONCORD.
9 Plaintiff' s claim was filed on March 311, 1986. The claim
10 was denied on March 31 , 1986. A copy of the claim is
11 attached hereto and marked as Exhibit A.
12 6. Defendant, COUNTY OF CONTRA COSTA is a public entity
13 located in the State of California.
14 7 . Defendant, COUNTY OF CONTRA COSTA is a public entity
15 sued herein, and at all times herein mentioned negligently,
16 carelessly, wantonly and recklessly allowed, permitted and
17 ratified the building of the Sun Valley Mail in close proximity
18 to Buchanan Field Airport, and further negligently, carelessly,
19 wantonly and recklessly allowed, permitted and ratified the
20 implacement of inadequate and outdated landing and directional
21 navigation systems.
22 8. Plaintiff herein has filed the necessary claims
23 pursuant to the relevant code section against the defendant
24 COUNTY OF CONTRA COSTA. Plaintiff filed his claim against
25 defendant COUNTY OF CONTRA COSTA on March 31 , 1986.
26 I
-3-
I Plaintiff' s claim was denied on April 29, 1986. A copy of
2 the claim is attached hereto and marked as Exhibit B.
3 9. . That at all times herein mentioned, defendants SUN
4 VALLEY SHOPPING CENTER and each of them, are located at the
5 number 1 Sun Valley Mail in the City of Concord, State of
6 California. Said defendants are being sued as a result of
7 negligently, carelessly, wantonly and recklessly placing a
g shopping center that attracts a great number of people on a
9 heavily trafficked air corridor in the vicinity of the Buchanan
10
Field Airport.
11
10. At all times herein mentioned, the WELLS FARGO BANK,
12 Trustee for the TAUBMAN COMPANY, INC. , and its predecessors
13
in interest, the TAUBMAN COMPANY, INC, a Michigan corporation,
14 and Does 1 through 20, were corporations or other entities doing
15 business in the State of California for the purpose of owning,
i
16 placing, managing and maintaining defendants SUN VALLEY MALL
17 AND SHOPPING CENTER. Said defendants are doing business in the
18 State of California and maintain more than minimal contacts .
19
Said defendants are hereby being sued as a result of their
20 negligent, careless, wanton and reckless behavior of placing
21 and maintaining a shopping center in the area of a busy air
22 corridor in the vicinity of the Buchanan Field Airport. Said
23 defendants knew, or should have known, that during a fog,
24 aircraft would make a missed approach and fly over their mall
25 in a very vulnerable position therefore causing a risk of
26 disaster and destruction.
-4-
1 11. R. H. MACY, INC. , and DOES 100 through 300, inclusive,
2 were at all times relevant business entities luring customers
3 into the mall while knowing that their location was dangerous
4 due to the close proximity to Buchanan Field Airport and knowing
5 the likelihood of an air crash from planes using Buchanan
6 Field Airport.
7 12. That at all times herein mentioned, decedent JAMES
8 MOUNTAIN GRAHAM and defendants GENERAL AVIATION SERVICES, ARK
9 DISTRIBUTING COMPANY, a California corporation, JAMES MAGEAN, and
10 DOES 23 th rough. 40 and each of them, were the owners and opera-
11 tors of defendants' BEECHCRAFT BARON AIRCRAFT. Said defendants,
12 and each of them, are hereby being sued as a result of negli- '. "
13 gently, carelessly, recklessly and wantonly operating, main-
14 taining, controlling, aviating and navigating said aircraft so
15 as to proximately cause the crash in defendants shopping mall
16 thereby seriously injuring the plaintiffs.
17 13. That at all times herein mentioned, defendants
18 BEECHCRAFT AIRCRAFT COMPANY, BEECHCRAFT WEST, a California
19 corporation, and DOES 41 through 60, inclusive, negligently,
20 carelessly, recklessly and wantonly designed, assembled, manu-
21 factured and distributed said aircraft so that said aircraft
22 could not be properly controlled by defendants JAMES MOUNTAIN
23 GRAHAM, and each of them, so as to proximately cause said
24 aircraft to crash into said defendants ' mall.
25 14. On or about December 23, 1985, defendants and
26 decedent, JAMES MOUNTAIN GRAHAM, so negligently, carelessly,
-5-
I wantonly and recklessly maintained and controlled and repaired
2 said aircraft so as to proximately cause said aircraft to crash
3 in the mall thereby proximately causing the plaintiff to
4 suffer severe personal injuries.
5 15. That at all times herein mentioned, GENERAL AVIATION
6 SERVICES, DOE AIRCRAFT REPAIR SERVICE, ARK DISTRIBUTING COMPANY,
1
7 INC. , JAMES MAGEAN and DOES 23 through 40, inclusive, so negli- I
8 gently, carelessly, wantonly and recklessly maintained and
9 repaired said aircraft so as to render said aircraft inoperable
10 proximately causing said aircraft to crash in the shopping
11 mall.
12 16. That at all times herein mentioned, defendants i
I
13 DOE CIVIL ENGINEERING COMPANY and DOE ARCHITECTURAL COMPANY j
14 and DOES 61 through 80, located said mall and gave advice to
15 locate said mall under the main corridor of air traffic from
16 Buchanan Field Airport. As a direct and proximate result of
17 placing large numbers of the public and enticing them to go to
18 a shopping center, large numbers of the public were placed in a
19 very dangerous position. Said placement of said shopping
20 center under the air corridor of a busy airport was negligently,
21 carelessly, wantonly and recklessly promoted by said defendants,
22 and each of them.
23 17. As a further, proximate result of the negligence
24 of defendants, and each of them, plaintiff suffered a loss of
25 earnings and earring capacity which has been greatly impaired,
26 both in the past, present and future, in an amount according to
-6-
I proof.
2 18 . As a further, proximate result of the negligence
3 of defendants, and each of them, plaintiff has incurred and
4 will continue to incur, medical and related expenses in an
5 amount according to proof.
6 19. As a proximate result of the negligence of defendants,
7 and each of them, plaintiff was hurt and injured in his
g health, strength, and activity, sustaining injury to his
9 nervous systems and person, all of which injuries have caused,
10 and continue to cause, plaintiff great mental, physical and
11 nervous pain and suffering. Plaintiff Is informed and believes
12 and thereon alleges that such injuries will result in some
13 permanent disability. As a result of such injuries, plaintiff
14 has , suffered general damages in an amount according to proof.
15 SECOND CAUSE OF ACTION
(For Products Liability/Strict Liability
16 In Tort Against Defendants BEECHCRAFT AIRCRAFT COMPANY,
BEECHCRAFT WEST, ARK DISTRIBUTING COMPANY, INC. , JAMES
17 MAGEEAN and DOES 24 through 40, 42 through 61 , inclusive,
18 20. Plaintiff realleges paragraphs 1 through 18 as
19 though fully set forth herein.
20 21. Said aircraft was defectively designed, manufactured
21 and assembled proximately causing said aircraft to crash into
22 said mall.
23 22. That at all times herein mentioned, said defendants
24 BEECHCRAFT BARON AIRCRAFT was designed, manufactured, and
25 assembled and distributed for the purpose of flying in the air
26 and safely transporting persons and property in a safe manner
-7-
I so that said aircraft would not crash as a result of any of
2 parts or components .
3 23. That as a direct and proximate result of the defective
4 manufacture, assembly and design and the distribution of said
5 BEECHCRAFT BARON AIRCRAFT involved in said accident, said
i
6 aircraft did crash proximately causing severe personal injuries
i
7 to the plaintiff who was a pedestrian and shopper in defendants '
g mall.
9 THIRD 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
24. Plaintiff realleges paragraphs 1 through 20 of the
13
First and Second Causes of Action as though fully set forth
14
herein.
15
25. Plaintiff alleges a cause of action for punitive
16
damages and exemplary damages in the sum of ONE MILLION
17
DOLLARS on facts alleged in this complaint.
18 26. That at all times herein mentioned, Buchanan Field Airpor
19
is an airport which purchased , its land in 1942 and started
20
operations in 1946. During heavy fog, when the airport lights
21 cannot be seen "missed approaches" are common and at such times
22 airplane pilots are flying by instruments . The stress level of
23
pilots during such maneuvers of aviating, navigating and com-
24
municating to the tower is extremely high. The probability of
25 a crash of a circling plane during these times are statistically
26
-8-
1
I much higher than normal. All property within a one mile radius
2 of an airport is in a forseeably dangerous position. Defendants ,
3 and each of them, knew of said danger but in conscious disregard
4 of the danger that potential customers and users of said mall
5 might undergo they selected said site for said shopping mall
6 because of the inexpensive land that can be purchased in the
7 vicinity of airports. Members of the general public who are
8 not as sophisticated as architects, engineers and shopping
9 center developers would not know of this foreseeable danger and
10 would shop at said mall feeling perfectly safe.
11 27• As a direct and proximate result of said conscious
12 , disregard of the safety and life of the potential users of .the . ..
13 mall, said mall was located in said dangerous location thereby
14 attracting thousands of potential shoppers and placing them in
15 a very precarious position.
16 28. As a direct and proximate result of said conscious
17 disregard of the rights and safety of potential shoppers and
18 users of the mall, the plaintiff was attracted to said mall
19 on a foggy night, thereby placing them in extreme danger of an
20 airplane crash which did occur proximately causing severe
21 personal injuries to the plaintiff.
22 29. Defendants knew that by placing said shopping center
23 in a radius within one mile of an airport that a crash was
24 inevitable and that said crash had a high likelihood of occurring
25 on their mall.
26
_g_
1 WHEREFORE, plaintiff prays for the relief as follows
against defendants, and each of them, for plaintiff's first
3 and second Causes of Action:
4
1 . For general damages within the jurisdiction of this
5
court;
6
2. For medical expenses, past, present and future;
7
3. For wage loss, past, present and future;
8
4. For loss of earning capacity;
9
5 . For costs of suit;
10
6 . For prejudgment Interest; and
11
7. For such other and further relief as is just.
12
13 Plaintiff prays for relief as follows on the Third Cause
14' of Action against said defendants named therein:
15 1., For general damages within the jurisdiction of this
16 court;
17 2. For medical expenses, past, present and future;
18 3. For wage loss , past, ` present and future;
19 4 • For loss of earning capacity;
20 5. For costs of suit;
21 6. For prejudgment interest;
22
23
24
25
26
-10-
1 7. For such other and further relief as is ,just; and
2 8 . For punitive and exemplary damages in the amount of
3 $11000,000. 00.
4
Dated: May.i�, 1986
5
LEWIS & LEWIS
.]6
7 B
yMARVIN K. LEWIS
8 Attorney for Plaintiffs
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
' -11-
.MACY'S SUN VALLEY MALL CRASH -
Arbelaez, Deanna
Armsden, Vincent M.
Bonella, Jina
Borque, Joseph
1
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
r1ALL GKASH
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
•MACY'S SUN 'VALLEY MALL CRASH -
Kaify, Mohamed
Lang, Richard
Larsen, Pat
Lewis, Mack
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
i,I9
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District governed by)
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 7 , 1986
and Board Action. All Section references are to ) The copy of this document mailed to you is your
California Government Codes._ ) notice of the action taken on your claim by the
Board of Supervisors (Paragraph IV below),
Amount: Undetermined given pursuant to Government Code Section 913 and
915.4. Please note all "WARNINGS".
CLAIMANT: MACY' S CALIFORNIA #286291 (Buchanan Field Airport) Co�:�lty Counsel
c/o Daniel M. Crawford, Esq. SEP I G 1986
ATTORNEY: Carroll , Burdick & McDonough
One Ecker Bldg. , Suite 400
ADDRESS: San Francisco, CA 94105 Date received Martinez, CA �� 3
BY DELIVERY TO CLERK ON: September 12 , 1986
BY MAIL POSTMARKED: September 11 , 1986
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL BATCHELOR, CLERK
DATED: September 15 , 1986 BY: Deputy
L. Hall
11. FROM: County Counsel TO: Clerk of the Board of Supgrv,isors
(�) Zs.claim
s claim complies s stanti lly with e tions 910 and 91 2 .
t� y( FAILS corfy] substantia with Sections 9:10 and 910.2, and we are so notif in
claimant. T Board can of act�fpr 15 days (Se tion 910.8) �lc%ff'..� ez.Lz/Jrv�a''�-�G"����2,�
9�2 ((,{1 4CC.6 C,(!aC l"�;CC' �Cl.7�d�i (((
is `` ,0- ime W filed. The Clerk showreturn claim n ground that it was filed late and send
warningof claimant's right 1 for leave to resent a late claim Section 911.3).
g to apply p (
( ) Other:
Dated:. /�;{'�• By: Deputy County Counsel
II1. 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 Orderen re in 'ts minutes for this date.
OCT 0 7 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.
CC: Claimant County Counsel County Administrator
TQ: BOARD OF SUPERVISORS OF CONTRA CO§*r� Pp cationto:
Xa li
Instructions to ClaimantC!erk of the Board
G 5�P..,
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
of this form.
RE: Claim by )Reserved ror i ' stamps
Macy' s California CEIVED
FP .21886
Against the COUNTY OF CONTRA COSTA)
GLEE NTp A7
or BUCHANAN FIELD AIRPORT DISTRICT)
ey ... . ... ... . JA
saucy
Fi 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:
---------------------- ----------------------------------- -- ---
�. 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 Widick on July 21, 1986 , and Macy' s cause
of action for indett.1� ,An, t ,at ___________________
Where id 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 arq the names of county or district officers, servants or*-
employee*s 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.
-------------------------------------------------------------------------
6. 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 convening the accident
list potential witnesses .
-------------
9. Lzst 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) orb s erson gn bis, behalf. "
Name and Address of Attorney
Daniel M. Crawford, Esq. ClaimanV Si ature
Carroll , Burdick & McDonough for: Macy 's Cl rni
One Ecker Bldg. , Suite 400 Addr
San Francisco, CA 94105 P. 0. Box e/ 8
Telephone No. 415/495-0500 San Telephone No , CA 94120
P • 415/954-6014
Attn: William H. King, Vice Pres .
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. "
F
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 Robert
Widick. Mr. Widick is claiming damages set forth in his
complaint filed on May 15 , 1986 , a copy of which is attached
hereto as Exhibit A.
6 . Plaintiff seeks general damages within the jurisdiction
of this court, medical expenses , past, present and future, wage
loss, past, present and future, loss of earning capacity, costs
of suit, prejudgment interest, such other and further relief
as is just, and punitive and exemplary damages. See Exhibit A.
Macy's claim is for complete and/or partial indemnity of any
recovery against Macy' s by Mr. Widick and other parties claiming
damages due to the aircrash. The accident out of which the
claim arose occurred on December 23 , 1985. The cause of action
for indemnity arose on July 21, 1986, when Macy' s was served
with the lawsuit filed by Mr. Widick.
I MARVIN K. LEWIS, ESQ.
(SPACE BELOW FOR FILING STAMP ONLY)
� 1I r
3 LEWIS & LEWIS (L I
ATTORNEYS AT LAW
PENTHOUSE-AMERICAN SAVINGS BUILDING _ f
4 690 MARKET STREET
SAN FRANCISCO,CALIFORNIA 94104 v
5 (415)421-7616 ! R. 1 "^;fit C+- , r:
6 ATTORNEYS FOR Plaintiffs Ey
S. COF.C104;,. CepLty
7
8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF CONTRA COSTA
10 28U291
11 ROBERT WIDICK,
12 Plaintiff NO.
1.3 VS .
COMPLAINT FOR DAMAGES
14 ESTATE OF JAMES MOUNTAIN FOR NEGLIGENCE; PRODUCTS
GRAHAM, THE BEECHCRAFT LIABILITY/STRICT LIABILITY;
15 AIRCRAFT COMPANY, THE SUN PUNITIVE DAMAGES
VALLEY SHOPPING CENTER aka
16 THE SUN VALLEY SHOPPING MALL,
R. H. MACY, INC. , GENERAL
17 AVIATION SERVICES, THE ROE
DOE ARCHITECTURE COMPANY, THE,
18 DOE DOE CIVIL ENGINEERING COMPANY,
THE TAUBMAN COMPANY, INC. , WELLS
19 FARGO BANK, as Trustee of the
TAUBMAN COMPANY, INC. , JAMES
20 MAGEEAN, ARK DISTRIBUTING COMPANY,
INC. , a California Corporation,
BEECHCRAFT WEST, a California
21 corporation, CITY OF CONCORD,
COUNTY OF CONTRA COSTA, THE A
22 DOE AIRCRAFT REPAIR SERVICE and
23 DOES 1 through 500, inclusive,
24 Defendants .
25
26 //
1
COMES NOW plaintiff ROBERT WIDICK and for causes of
2
action against defendants, and each of them, alleges as
3
follows:
4
5 FIRST CAUSE OF ACTION
( For Neqligence Against All Defendants)
6
1 . That the true names or capacities, whether
7
individual, associate, corporate or otherwise, of defendants
8
DOES 1 through 500 , inclusive, and each of them, are unknown
9
to plaintiff , who therefore sues defendants by such fictitious
10
names . Plaintiff is informed and believes and thereon alleges
0 8
m 11 that each of the defendants designated herein as a DOE is
N -
2
1` responsible in some actionable manner for the events -and -
JY6 13
3 happenings herein referred to, and caused injuries and damages
` H14
8 z proximately thereby to plaintiff as hereby alleged.
15
LU
2 . At all times herein mentioned each of the defendants
16
named herein, including, without limitation each DOE defendant,
17
was the agent, servant , employee or otherwise acting in concert
18 of each of the remaining defendants and was at all times acting
19
within the purpose and scope of said agency, service and em-
20 ployment , or acting in concert to bring about the damages
21
alleged herein.
22
3 . Defendant , CITY OF CONCORD is a municipality located
23
in the State of California.
24
4 . Defendant , CITY OF CONCORD is a public entity and
75 ' at all times herein mentioned " negligently, carelessly, wantonly
26
-2-
i
I and recklessly allowed, permitted and ratified the building of
2 the Sun Valley Mall in close proximity to Buchanan Field Airport,
3 and allowed, permitted and ratified the implacement of inadequate
4 and outdated landing and directional navigation systems, and
5 further, other actions which caused and contributed to the
6 injury of the plaintiff herein.
7 5. Plaintiff has filed the necessary claims pursuant
8 to the relevant code section against defendant CITY OF CONCORD.
9 Plaintiff' s claim was filed on March 31, 1986. The claim
10 was denied on March 31 , 1986. A copy of the claim is
11 attached hereto and marked as Exhibit A.
12 6. Defendant, COUNTY OF CONTRA COSTA is a public entity
13 located in the State of California.
14 7. Defendant, COUNTY OF CONTRA COSTA is a public entity
15 sued herein, and at all times herein mentioned negligently,
16 carelessly, wantonly and recklessly allowed, permitted and
17 ratified the building of the Sun Valley Mall in close proximity
18 to Buchanan Field Airport, and further negligently, carelessly,
19 wantonly and recklessly allowed, permitted and ratified the
20 implacement of inadequate and outdated landing and directional
21 navigation systems .
22 8. Plaintiff herein has filed the necessary claims
23 pursuant to the relevant code section against the defendant
24 COUNTYOFCONTRA COSTA. Plaintiff filed his claim against
25 defendant COUNTY OF CONTRA COSTA on March 31, 1986.
26
-3-
I Plaintiff' s claim was denied on April 29, 1986. A copy of
2 the claim is attached hereto and marked as Exhibit B.
3 9. That at all times herein mentioned, defendants SUN
4 VALLEY SHOPPING CENTER and each of them, are located at the
5 number l Sun Valley Mail in the City of Concord, State of
6 California. Said defendants are being sued as a result of
7 negligently,entlY, carelessly, wantonly and recklessly placing a
8 shopping center that attracts a great number of people on a
j
9 heavily trafficked air corridor in the vicinity of the Buchanan
i
10 Field Airport.
i
11 10. At all times herein mentioned, the WELLS FARGO BANK,
i
12 Trustee for the TAUBMAN COMPANY, INC. , and its predecessors
f
13 in interest, the TAUBMAN COMPANY, INC, a Michigan corporation,
14 and Does 1 through 20, were corporations or other entities doing
15 business in the State of California for the purpose of owning,
16 Placing, managing and maintaining defendants SUN VALLEY MALL
17 AND SHOPPING CENTER. Said defendants are doing business in the
i
18 State of California and maintain more than minimal contacts.
i
19. Said defendants are hereby being sued as a result of their i
20
negligent, careless, wanton and reckless behavior of placing !
21 and maintaining a shopping center in the area of a busy air
22' corridor in the vicinity of the Buchanan Field Airport. Said
23 defendants knew, or should have known, that during a fog,
24 aircraft would make a missed approach and fly over their mall
25 in a very vulnerable position therefore causing a risk of
26 disaster and destruction.
-4-
1 11. R. H. MACY, INC. , and DOES 100 through 300, inclusive,
2 were at all times relevant business entities luring customers
3 into the mall while knowing that their location was dangerous
4 due to the .close proximity to Buchanan Field Airport and knowing
5 the likelihood of an air crash from planes using Buchanan
6 Field Airport.
7 12. That at all times herein mentioned, decedent JAMES
g MOUNTAIN GRAHAM and defendants GENERAL AVIATION SERVICES, ARK
9 DISTRIBUTING COMPANY`, a California corporation, JAMES MAGEAN, and
10 DOES 23 through 40 and each of them, were the owners and opera-
11 tors of defendants' BEECHCRAFT BARON AIRCRAFT. Said defendants,
12 and each of them, are hereby being sued as a result of negli-
13 gently, carelessly, recklessly and wantonly operating, main-
14 taining, controlling, aviating and navigating said aircraft so
15 as to proximately cause the crash in defendants shopping mall
16 thereby seriously injuring the plaintiffs.
17 13. That at all times herein mentioned, defendants
18 BEECHCRAFT AIRCRAFT COMPANY, 'BEECHCRAFT WEST, a California
19 corporation, and DOES 41 through 60, inclusive, negligently,
20 carelessly, recklessly and wantonly designed, assembled, manu-
21 factu red and distributed said aircraft so that said aircraft
22 could not be properly controlled by defendants JAMES MOUNTAIN
23 GRAHAM, and each of them, so as to proximately cause said
24 aircraft to crash into said defendants ' mall.
25 14. On or about December 23, 1985, defendants and
26 decedent, JAMES MOUNTAIN GRAHAM, so negligently, carelessly,
-5-
i
I wantonly and recklessly maintained and controlled and repaired
2 said aircraft so as to proximately cause said aircraft to crash
3 in the mail thereby proximately causing the plaintiff to
4 suffer severe personal injuries.
5 15. That at all times herein mentioned, GENERAL AVIATION
6 SERVICES, DOE AIRCRAFT REPAIR SERVICE, ARK DISTRIBUTING COMPANY,
7 INC. , JAMES MAGEAN and DOES 23 through 40, inclusive, so negli-
8 gently, carelessly, wantonly and recklessly maintained and
9 repaired said aircraft so as to render said aircraft inoperable
10 proximately causing said aircraft to crash in the shopping
11 mall.
12 16. That at all times herein mentioned, defendants
13 DOE CIVIL ENGINEERING COMPANY and DOE ARCHITECTURAL COMPANY
14 and DOES 61 through 80, located said mail and gave advice to
15 locate said mall under the main corridor of air traffic from
16 Buchanan Field Airport. As a direct and proximate result of
17 placing large numbers of the public and enticing them to go to
18 a shopping center, large numbers of the public were placed in a
19 very dangerous position. Said placement of said shopping
20 center under the air corridor of a busy airport was negligently,
21 carelessly, wantonly and recklessly promoted by said defendants ,
22 and each of them.
23 17. As a further, proximate result of the negligence
24 of defendants, and each of them, plaintiff suffered a loss of
25 earnings and earning capacity which has been greatly impaired,
i
26 both in the past, present and future, in an amount according to
-6-
I proof.
2 18. As a- further, proximate result of the negligence
3 of defendants, and each of them, plaintiff has incurred and
4 will continue to incur, medical and related expenses in an
5 amount according to proof.
6 19. As a proximate result of the negligence of defendants,
7 and each of them, plaintiff was hurt and injured in his
.8 health, strength, and activity, sustaining injury to his
9 nervous systems and person, all of which injuries have caused,
10 and continue to cause, plaintiff great mental, physical and
11 nervous pain and suffering. Plaintiff is informed and believes
12 and thereon alleges that such injuries will result in some
13 permanent disability. As a result of such injuries, plaintiff
14 has suffered general damages in an amount according to proof.
15 SECOND CAUSE OF ACTION
(For Products Liability/Strict Liability
16 In Tort Against Defendants BEECHCRAFT AIRCRAFT COMPANY,
BEECHCRAFT WEST, ARK DISTRIBUTING COMPANY, INC. , JAMES
17 MAGEEAN and DOES 24 through 40, 42 through 61, inclusive,
18 20. Plaintiff realleges' pa rag raphs 1 through 18 as
19 though fully set forth herein.
20 21. Said aircraft was defectively designed, manufactured
21 and assembled proximately causing said aircraft to crash into
22 said mall.
23 22. That at all times herein mentioned, said defendants
24 BEECHCRAFT BARON AIRCRAFT was designed, manufactured, and
25 assembled and distributed for the purpose of flying in the air
26 and safely transporting persons and property in. a safe manner
-7-
I so that said aircraft would not crash as a result of any of
2 parts or components .
3 23. That as a direct and proximate result of the defective
4 manufacture, assembly and design and the distribution of said
5 BEECHCRAFT BARON AIRCRAFT involved in said accident, said
6 aircraft did crash proximately causing severe personal injuries
7 to the plaintiff who was a pedestrian and shopper in defendants '
g mall.
9 THIRD 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
24. Plaintiff realleges paragraphs 1 through 20 of the
i
13
First and Second Causes of Action as though fully set forth
14
herein.
15 25. Plaintiff alleges a cause of action for punitive
16
damages and exemplary damages ' in the sum of ONE MILLION
17
DOLLARS on facts alleged in this complaint.
18 26. That at all times herein mentioned, Buchanan Field Airport
19 is an airport which purchased its land in 1942 and started
20 operations in 1946 . During heavy fog, when the airport lights
21 cannot be seen "missed approaches" are common and at such times
22 airplane pilots are flying by instruments . The stress level of
23
pilots during such maneuvers of aviating, navigating and com-
24
municating to the tower is extremely high. The probability of
25 a crash of a circling plane during these times are statistically
26
-8-
I much higher than normal. All property within a one mile radius
2 of an airport is in a forseeably dangerous position. Defendants ,
3 and each of them, knew of said danger but in conscious disregard
4 of the danger that potential customers and users of said mall
5 might undergo they selected said site for said shopping mall
6 because of the inexpensive land that can be purchased in the
7 vicinity of airports. Members of the general public who are
8 not as sophisticated as architects, engineers and shopping
9 center developers would not know of this foreseeable danger and
10 would shop at said mall feeling perfectly safe.
11 27. As a direct and proximate result of said conscious
- 12 disregard of the safety and life of the potential users -of -the- -- ---
13
se rs -of- the- ..., - ..
13 mall, said mall was located in said dangerous location thereby
14 attracting thousands of potential shoppers and placing them in
15 a very precarious position.
16 28. As a direct and proximate result of said conscious
17 disregard of the rights and safety of potential shoppers and
18 users of the mail, the plaintiff was attracted to said mall
19 on a foggy night, thereby placing them in extreme danger of an
20 airplane crash which did occur proximately causing severe
21 personal injuries to the plaintiff.
22 29. Defendants knew that by placing said shopping center
23 in a radius within one mile of an airport that a crash was
24 inevitable and that said crash had a high likelihood of occurring
25 on their mall.
26
-9-
1 WHEREFORE, plaintiff prays for the relief as follows
I against defendants, and each of them, for plaintiff 's first
3 and second Causes of Action:
4
1 . For general damages within the jurisdiction of this
5
court;
6
2. For medical expenses, past, present and future;
7
3. For wage loss, past, present and future;
8
4. For loss of earning capacity;
9
5. For costs of suit;
10
6. For prejudgment interest; and
11
7. For such other and further relief as is just.
12
13 Plaintiff prays for relief as follows on the Third Cause
14 of Action against said defendants named therein:
15 1. For general damages within the jurisdiction of this
16 court;
17 2. For medical expenses, past, present and future;
18 3. For wage loss, past; present and future;
19 4 . For loss of earning capacity;
20 5. For costs of suit;
21 6. For prejudgment Interest;
22
23
24
25
26
-10-
1 .7. For such other and further relief as is just; and
2 8 . For punitive and exemplary damages in the amount of
3 $1,000,000- 00-
4- Dated: May , 1986
5
LEWIS & LEWIS
7 By
MARVIN K. LEWIS
'8 Attorney for Plaintiffs
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
-11-
City of Concord U
PHONE: (415) 671- 3078 CITY COUNCIL
Ronald K.Mullin,Mayor
Colleen Coll,Vice Mayor
June V.BuIrnan
March 31 1986 Longshor
Diane gshore
Stephen L.Weir
Farrel A.Stewart,City Managef
Robert Widick
Marvin K. Lewis , Esq .
Lewis & Lewis
690 Market Street , Penthouse
San Francisco , California 94104
Dear Mr . Widick :
Pursuant to the authority vested in me by the City Council ,
you are hereby notified that the claim you presented to the
City of Concord dated March 31 , 1986 pertaining to an
incident occurring on December 23 , 1985 in the amount of
$40 , 000 . 00 is hereby rejected in its entirety .
WARNING
Subject to certain exceptions , you have only six (6 ) months
from date this notice was personally delivered or deposited
in the mail to file a court action on this claim. See
Government Code Section 945 . 6 .
You may seek the advice of an attorney of your choice in
connection with this matter . If' you desire to consult an
attorney , you should do so immediately .
Yours very truly ,
EVERETT R . CLIFT
Acting Finance Director
ERC : ac
cc : City Attorney
CCCMRMIA
" APR 2 - 1986
PLAINTIFF'S
EXHIBIT
It
CONCORD CIVIC CENTER 1950 PARKSIDE DRIVE CONCORD CALIFORNIA 94519
ftu
,SAYt - )
A 58sL N D E D APR 10 1986 . Z
CLM �
BDARD OF �F'�tYI.t�R.S OF C�CO6TA Q1UN1T, =MnUd 94555
Claim Against the County, or biatrial ) VMCE To CLADU" April 29, 1986
governed by the Board of Super. mrs, ) The copy a t Qd to you is 7our
Routing Endorsementa, and Board ) notioe of the action taken on your chive by the
Action. All Section referenoea are ) Board of Supervisor's (Paragraph TV, below),
to California Government Codes ) given pursuant to Government Code Section 913
and 915.4. Please note all WWarnIngs".
Claimant: Robert Widick
Attorney: Marvin R. Lewis
Lewis & Lewis
Ad--'-v=: 690 Market St. , Penthcuse Hand delivered
San Francisco, CA 94104 April 10, 1986 °
Amount: $40,000.00 + By delivery to clerk on
Date Received: April 10, 1986 By mail, postmarked on
I. : Clerk of the Board of Supervisors 70: County Counsel
Attached is a copy of the above-noted claim. (�
_ Dated:April 10, 19 8 6 PHIL BATCEIDAR, Clerk, By \ �^` DePuty
" �ow es
II. : County Counsel TU: Clerk o Su Sara
_ (Check only one)
(�4 This claim oamplies substantially with Sections 910 and 910.2.
( ) This claim FAILS to emply 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: ' , T/ By: T Z-c C r_c C eA-g,4 i Deputy Comty Counsel
III. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
v amin By unanimous vote of Supervisors present
• __ .. ... QS 0.M tn�� PLAINTIFFS
EXHIBIT
(X) This elaimAis refected in full.
( ) Other:
I oertify that this is a true and correct copy of tre Board'a Order entered in its
minutes for this date. nn r
Dated: nDo n 10Q� PHIL BAT MOR, Clerk, By l o� ...Q,�-��c
_ , Deputy Clerk
NARNM (Gov. Code Sectim 913)
Sabject to oertain exceptions, you have only six (6) months ft= the date of this
notice was pw sonally served or deposited in the mail to file a court setion on this
claim. See Govarrment Code Section 945.6.
You way seek the advioe of an attorney of your choice it, oonnection with this
matter. If you want to consult an attorney, you should do so immediately.
j1ACY'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
E
Sadler, Kelly
Sadler, Pamela
Sadler, Sabrina
r 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
�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
AMENDED
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District governed by)
the Board of Supervisors-, Routing Endorsements, ) NOTICE TO CLAIMANT October 7 , 1986 "
and Board Action. All Section references are to ) The copy of this document mailed to you is your
California Government Codes. ) notice of the action taken on your claim by the
Board of Supervisors (Paragraph IV below).
Amount: Unspecified - given pursuant to Government Code Sectio►���,��;'d�+C)l:fl$@�
915.4. Please note all "WARNINGS".
CLAIMANT: MICHAEL LAGOSH ET AL S E P 16 1986
c/o Paul T. Klobas
ATTORNEY: Attorney at Law Martine?, CA P4 E.52
4515 San Pablo Dam Road
ADDRESS: El Sobrante, CA 94803-0727 Date received
BY DELIVERY TO CLERK ON: September 1T, 1986
BY MAIL POSTMARKED: September 10, 1986
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL BATCHELOR, CLERK
DATED: September 15 , 1986 BY: Deputy
L. Hall
11. FRAM: County Counsel TO: Clerk of the Board of Supe visors
(/x) This claim cales, subs antiall with a tions 910 nd 91 2 _
(x) This claim FAIL comply s stantially with Sectio 910 nd and we a not ngify
B/L�
r,1air�ant�. The Board cannot act or 1 d ys (Section 910. )./" r
v% Ems/ dA A" . r V
( ) Claim is not t• filed, he Clerk should return claim on ground that it was filed late and send
warning of claimant's sght to apply for leave to present o late claim (Section
911.3).
( ) Other:
Dated: _)[ `71 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 OrdeZter in its minutes for this date.
0 C T 0 7 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.
CC: Claimant County Counsel County Administrator
PAUL T. KLOBAS
ATTORNEY AT LAW
4515 SAN PABLO DAM ROAD PLEASE REPLY TO:P.CI.BOX 727
EL SOBRANTE•CALIFORNIA 94803-0727
14151 223-5073
September 9 , 1986
Clerk, Board of Supervisors
Administration Building
651 Pine Street
Martinez , California 94553
RE: Amedment of Claim
Dear Madam Clerk:
Please find attached hereto original and copy of Amended
Claim as well as a copy of County Counsel' s opinion
regarding original claim.
Please return the copy stamped "received" in the enclosed
return envelope.. Thank you.
ery truly yours,
PAUL T. KLOBAS
PTK:sm
enols .
NOTICE OF INSUFFICIENCY
AND/OR
NON-ACCEPTANCE OF CLAIM
TO : Paul T. Klobas
4515 San Pablo Dam Road
El Sobrante CA 94803-0727
Re : Claim of MICHAEL LAGOSH, et al .
Please Take Notice .as follows :
The claim you presented against the County of Contra Costa or District
governed by the Board of Supervisors fails to comply substantially
with the requirements of California Government Code Section 910 and
910 . 2 , or is otherwise in.sufficent for the reasons checked below:
1 . The claim fails to state the name and post office address
of the claimaint.
2 . The claim fails to state the post office address to!which
the person presenting the claim desires notices to be sent .
x 3 . The claim fails to state the date, place or other circum-
stances of the occurrence or transaction which gave rise to
the claim assertedin regard to related cross-actions.
4 . The claim fails to state the name (s) of the public employee (s)
causing the injury, damage, or loss , if known.
5 . 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.
6 . The claim is not signed by the claimant or by some person
on his behalf.
7 . Other :
VICTOR J. WFSTINLAN, County Counsel
Y
Deputy County Counsel .
CERTIFICATE OF SERVICE BY MAIL
(C.C.P. S§1012 , 1013a, 2015 . 5; Evi.d.C. 5§641 , 664 )
M-✓ business address is the County Counsel ' s Office of Contra Costa
County, Co.Admin.Bldg. , P.O. Box 69, Martinez, California 94553 , and
I am a citizen of the United SiCates, over 18 years of age, employed
in Contra Costa County, and not a party to this action. I served a
true cony of this Notice of Insufficiency and/or Non-Acceptance of
Claim by placing it in an envelope (s) addressed as shown above (which
is/are place (s) having delivery service by U.S. !-4a.:.1) , which envelope (s)
was then sealad and postage fully prepaid thereon, and thereafter was ,
on this day deposited in the U. S. Mail at Martinez/Concord, Contra
Ccsta County, California.
Claim of MICHAEL LAGOSH and AMENDED S C:
BETTY LAGOSH Against the CLAIM FOR INDEMN ICATIDp
COUNTY OF CONTRA COSTA ey °SFR p"' Ar 6
PF
TO THE CLERK, BOARD OF SUPERVISORS: qs
1 . You are hereby notified that MICHAEL LAGOSH and BETTY
LAGOSH whose address is 3977 LaCima Road, E1 Sobrante, Califor-
nia, claim indemnity from the County of Contra Costa, if and to
the extent that they are held liable to any of the parties , be
they plaintiff , cross-complainants or otherwise, arising out of
the facts alleged in that certain action pending in the Superior
Court of Contra Costa County, Rayburn v. Pacific Gas & Electric
Company, et al. , defendants , and related cross-actions , case
number 282972 .
2. This claim arises out of the dangerous condition of the
county roadway at or near 3977 LaCima Road, E1 Sobrante, Califor-
nia on or about May 7 , 1985 . Martha Rayburn was walking in said
area on said date and slipped and fell due to the dangerous
condition of said county roadway and fractured her ankle which
later resulted in her death on May 12 , 1985 . As a result
thereof , a wrongful death action was filed against the County of
Contra Costa. Said County of Contra Costa has cross-claimed
against claimants herein for indemnification. See copy of
complaint filed in said action attached hereto as Exhibit A for
additional facts relating to the transaction giving rise to this
claim.
3. This claim is based on the aforesaid wrongful death
action which was filed on behalf of the heirs of Martha Rayburn,
deceased and related cross-actions and arising out of the facts
alleged in said complaint and related cross-actions .
4. Claimants do not know the names of the public employees
who caused the damage alleged in the wrongful death action as
aforesaid.
5. The damage sustained by claimants herein consists of the
total amount of any loss and/or liability whether by judgement ,
settlement, or otherwise that claimants may sustain - as a result
of the aforementioned lawsuit and related cross-actions and at
this time the exact amount of any such loss is by nature un-
known. Since claimants have not begun their investigation they
have no estimate of the prospective damage or loss . -The compu-.
tation of any loss would be equal to the monetary loss , if any ,
eventually sustained by claimants .
Claim of MICHAEL LAGOSH
and BETTY LAGOSH
6. Claimants were served with summons in the aforesaid
matter on or about July 11 , 1986 .
7. All notices and communications with regard to this claim
should be sent as follows :
Paul T. Kl.obas
Attorney at Law
4515 San Pablo Dam Road
P.O. Box 727
El Sobrante, CA 94803-0727
(415) 223-5073
Dated:
PAUL T. K OBAS
Attorney for Claimants
EXHIBIT A
LAW OFFICES OF
1 WALKUP. SHELBY. BASTIAN. MELODIA �
KELLY & O'REILLY FEB O e
..,n ".. .A-PRO/t SSIONAI CORPORATION s. .•. ,A7y 7_ - �^; ^`;;!
�. R.'ULSSU i.County
450 CALIFORNIA STREET C NT COSTA COU TY:._'
3 SAN FRANCISCO CALIFORNIA 94109 By, A enClGfph, Der) tv
Ta,a►«ort (415) 481.7210 ,
4 -
.S ATTORNEYS FOR PLAINTIFF
6
7 "
8 IN THE SUF'ERIOP. COURT OF THE STATE .OF CALIFORNIA .'.
9 IN AND FOR THE COUNTY OF CONTRA COSTA. . ''
11 JOHN 'M. RAYBURN, WALTER E.
RAYBURN, LINDA COWAN, WILLIAM L.
NO. ;� (.
12 RAYBURN, MICHAEL E. RAYBURN
-COMPLAINT FOR DAMAGES
13 Plaintiff ,
14 . us';
15 PACIFIC GAS. & ELECTRIC COMPANY,._.
2 COUNTY
"OF CONTRA COSTA, EAST. BAY 1 r 1
16 MUNICIPAL 'UTILITY DISTRICT, DOE .ONE.: ,
through DOE FIFTY,
Defendants .
FIR ' CAUSE OF . ACTION;
. Plaintiffs . complain of defendants,: and :,.each of '.them, and ' for
?1' a :First Cause of -Action . al lege
}
??
1 The : true names , .capacities, involvement, whether ndividual
?3
corporate, governmental or a�soci ate, of '' the , defendants r named
24 hc.reiA. s 'DOE .are unknown `to. "plaintiff who therefore sues s.a`id
25 . cefen; ants by such fictitious n"aures . '. Plaintiffs" pray. leave A.io .
26' ,arrrend _this": Cunlp'l a.i rlt - to show • their• true, nrines, and` capacities when'
1 the same have been finally determined:
2 Plaintiffs are in and believe, and upon 'such"jinformation ,
3 and ..belief allege, that each of the defendants. designated herein
4 as DOE is negligently or otherwise `leclally: responsible in some
:5 manner for the. events and happenings herein referred d`'''
s f
6 negligently or otherwise caused -injury .. and "damages proximately
7 thereby to plaintiffs as is -hereafter alleged '
8 2 . At all times herein ` meritioned each and every of` the :
defendants` herein was the- 'agent servant and employee, 'each ofl .the
<` 6 other, and' .each'' was acting' within the course and scope of his
=11 agencyservice
and employment..
17' 3 . t '. a1l. times herein _:mentioned defenaant r _PACIFIC' 'GAS
13 'ELECTRIC, COMPANY, was a -. corporation '' doing business as a -pub'lrc
t
14,. utility company within the State of California °
r{ �:
15 4 . At all times herein mentioned: nefEridants COUNTY OF CONTRA.
16 COSTA and. EAST BAY MUNICIPAL ::UTILITY: DTSTRICT owned, possessed,
`17. controlled, maintained , and supervised ` land and improvements
18 including La Cima Road and vicinity: in, El Sobrante,:' Contra`
-Costa':;'
19 County, California
?� 5 : At all times here.— ientione.a defendants PACIFIC GAS &
21 ELECTRIC ' COMPANY, CONTRA - COSTA COUNTY .and EASTt BAY MUNICLPAL
22 UTILITY DISTRICT; DOE ONE 'through;,.DOE TEN, and :each of them, owned',
23 I
possessed.; controlled, : main'tained , 'supervised utilityw dines, ".`
24 pipelines , and areas' appurtenant `thereto, 'on said""La ,Circa ``Road i-n. .
25. IE1 Sobrante, California Said utility lines:: and; pipelines were
2,6 placed above grouind in. a ' dangerous -6nd 'hazardous .so as to
IL LY
. it
:•�: SCC : '9c 6 —2—
t -
'
•
4.
t
F i
�e
r
,
-1 be': a potentialdanger and hazard to persons walking an. said stxeet
2' area , 'including Martha' 'Rayburn, now. deceased
- 4n or about May 7 , I9,85, :at or about 6x30 p m "of said
3 6
4` plaintiffs ' decedent, Martha Rayburn; wasp, walking~ on La Czma
S' atl or near , La .Cima Raad in `E1 Sobrante ,'and fell due' to said
"G utility lines, pipelines and debris.- on ,and near the roadway, and
7 fractured cher ankle which later resulted,, in .: her :death on;:'May'
nf
8 1985.
9 ? . At said time and place,! 'deferidants, acid each of `them, `were
10 (negligent and careless ' in the creation, passession,.;,maintenance,•
1t control and " supervision of the Mhazaraou's and dangerous conai.-ti.on
12 �af: the 'utility lines., pipelines and ~debris above, on and net the
i.
13 roadway, -and provided ,inadecuate :or no warnings of said- danger Rand
}
14. hazard to persons walking on' said, roadway
1,5 8 : Said defendants has'. actual.• notice of- the aforementioned
1b dangerous condition of `La --Cima- Road :.and said defendants had-'
17 (constructive noti ce of the aforc-menti oned . dangerous condiRti"on , asF:
18
said condition existed in substantiallythe ,, same : ' state and
19 appearance for a significant period of time prior tci `decedent ' s
20 injury, and was of ' such an. obvaus: nature ' that both :;:it `.end" 2ts' .'
21 dangerous character should have `been discovered by the defer}c3arits
in the exercise of ordrn
22 ,
rri - ary care; and "Dula have been sa discovered':"
3v ; -.. ,nate inspection system rraJntainec3. and operated
X:.
b a reason�bl adeq
• k
2
F
24 -
with due:"care
9 Having : said actual and constructive notice , said
?6 ` ,
defendants, ,arid each of ti; huff,icsnnt .time to 'take n+casures
.. -. '
:crtiC SCC C� 4t..E
t
1 to ;remedy and protect against said an and ';defective.
2, condition and. to protect parsons walking along :the roadwayfrom
3: risk oo injury; but the defendants carelessly` ani negligently'
A failed to remedy, protect .or 'warn"` of such dangerous :'anis defective''.
` 5 condition:
6 10 . At said time and place, as a direct. and proximate result
7o the aforementioned negligence, carelessness and*, fault of
a defendants, and each of them, plaintiffs'. decedent Martha Rayburn
9 was caused to fall due to the utility' li»es, pipelines and debr2"s
10:. cn and near the; roadway causing her: t"o'suffex." and `sustai.n"'the4..*fatal
ja injuries and damages herein set forth
12 11 , By reason of the .pr,emiscs , plaintiffs.': , decedent, M'a,r't' .
1'3" Rayburn, now deceased, was, caused` to'- suif"er dnd 'sus''tairi` fatal
14 injuries resulting in her death on May 12, 1985 a'
I
i5 . 12 . . 'Plaintiff JOHN M RAYBLsZN., is the siirvivi5n.g ;sponse of
lb "Martha Rayburn, deceased, and .pla1
ti.
tlffs:` 4i ,LTER; .E R'AYB,URN, LINDA
i7COWAN. h7ILLIAhi ' L. RAYBURN `and MI:ChAEL .E.. RAYESLJRN, `axe °the :surv'2ving
r.
} adult children of " Martha " Rayburn, deceased Said plaint'iT
Z` constitute all cif the heirs-:-at `law of Mat- a,>:Rayburn, =`deceased
13 . By reason of the death` of 'r: Rayburn, -deceased,
21 plaintiffs have been aeprivecl of <a ki»d and loving wxe and mother;
?2 . and., of her care, comfort , ,.societ r..
e
y, :cozr,pn� o»ship, pro tion an
23 . support , all to their general `damage in a sum °in excess of , the ;
24 ; 3urisdict onal : 'minimum limits bf this , Court , anr3 => in '-addition, ,
plaintiffs have incurred certain funeral and bur:xal en'ses, the.
26. exact amount of which i.s F}resentl}= unas�crta� rec?, `but sid ,'amount
-
:a •E .:M'GOtt tilt - -
y
= T will -. be :inserted ..herein by, ..amendment when the, .same .,-, i5 `rfinally
2 determined. i
.x
3 1'4 Written Claims for Damages sett ing, forth the matters herein
'
al*leged were duly and regularly .presented: to and -fsled ons behalf_;..
5 of plaintiffs with. defendants_; COUNTY' ;OF ;CONTRA COSTA,,,and ..:EAST :BAY•
6
MUNICIPAL UTILITY DISTRICT, in :accordance with ..the appropriate
7.. sections of the California Government Coae. ,On or,: about September..'
8 10 , and ,l2 , , 1985 , said defendants respectiv.ely,? denied 'said claims
This Complaint is timely- filed wi:thin the 'time prescribed by "law
T.O after the denial of said claims
TT 15 . B reason of- the remises ' 1alntiffs;Yhave been enera1l
By P P g Y
)2 , damaged' in a sum in excess of the jurisdictional mrrrimum limits
13 .
of this Court . ,
z;.
T4 :WHEREFORE :plaintiffs pray. judgment `against defendants, and each
of: them, jointly and severally 'as -i6116ws
" ^ 16 a ) for general damages tfiat .may be proved, : t
12 b) .. for special damages that may be proved , ";
T6 c) for prejudgment .interest;
T9 d) for costs of suit and
20 .
e-) for :such other and'.. further. relief as the Court. may ;'deem
f
2T proper
- WALRUP., SBELBY. BASTIAN,
23 IA, KELLY & 0.'REILLY
.. A9ELOD
24 By ". /
- —
. GEORGE SHELBY
Q pp I
26 0A ��7�
:Kvr s..[:Ct'8a5T:AN - .: .,.,... /1� OJ�•� -- . -.,.-
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VIC
i ,
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
e"Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTI'CE TO CLAIMANT October 7 , 1986
`,and Board Action. All Section references are to ) The copy of this document mailed to you is your
California Government Codes. ) notice of the action taken on your claim by the
Board of Supervisors (Paragraph IV below),
Amount: *189.43 given pursuant to Government Code Section 913 and
915.4. Please note all "WARNINGS". County Counsel
CLAIMANT: RICHARD &_.JULIE HIEBERT claim # 05-1844-299
c/o State Farm blutual Automobile Insurance Company SLE 20 1986
ATTORNEY: 6400 State Farm Drive
Rohnert Park, CA 94926 Martinez, CA 945x3
ADDRESS: Date received
BY DELIVERY TO CLERK ON: September 8 , 1986
BY MAIL POSTMARKED: September 5 , 1986
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL BATCHELOR, CLERK .
DATED: September 8 , 1986 BY: Deputy
L. Hall
H. 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: ,S'�X&yu ��� /ftey � puty County Counsel
III. FROM Clerk of the Board TO: County Counsel (1) v 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:
OCT Q 7 986 PHIL BATCHELOR, Clerk, By EV/ Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally`terved
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.
CC: Claimant County Counsel County Administrator
ao
STATE FARM
�INSURANCE
State Fara Insus
September 3, 1986 Northern California Office
6400 State Farm Drive
Rohnert Park,California 94926.0001
IMPORTANT
Board of Supervisors of Contra Costa County PLEASE
County Administration Blvd. Room 106 WRITE OUR CLAIM NUMBER*
651 Pine St. , P.O. Box 911 ON YOUR REPLY OR PAYMENT
Martinez, Ca 94553 THANK YOU
Re: Our Claim Number: *05-1844-299
Our Insured: Richard & Julie Hiebert
Date of Loss: 7-18-86
State Farm Mutual Automobile Insurance Company on behalf of Subrogee,
Richard & Julie Hiebert hereby makes claim for $189.43 and makes the
following statements in support of the claim.
1. Notices concerning this claim should be sent to State Farm
Insurance Companies, 6400 State Farm Drive, Rohnert Park,
California 94926, referencing the above claim number.
2. The date and place of the accident giving rise to this claim
are; on Port Chicago Hwy. , Contra Costa County.
3. The circumstances giving rise to this claim are as follows:
Richard Hiebert was operating his vehicle, when gravel from a
construction sight was thrown onto his vehicle causing property
damage.
4. There were no injuries reported.
5. Our total claim is as follows:
Company's Net Payment $189.43
Insured's Deductible Interest 0
Total Property Damage $189.43
NOTICE:
This form is to provide notice of our claim for damages in accordance
with the one hundred (100) day statute. If this form is not acceptable
.for compliance with the statute, please rush the necessary forms to
my attention for proper filing.
STATE FARM INSURANCE CCMPANIES
Dated: ,—
Ge e T� send
GT:slc/9A10 Sr. Claim Representative
Enol: Supporting documents (707) 584-6506
cc: 5660
HOME OFFICES: BLOOMINGTON, ILLINOIS 61710-0001
/� DELTA qkAtSINVOICE _
101 RAILROAD AVE. — H, LIFORNIA 94509 415) 75775300 DATE
. AGENT C.:1.% 4: �. _�.!
_ SOLD /LO
2 / 7
INTEREST AT THE RATE OF 1 W%(10%PER ANNUM)WILL BE CHARGECION PAST DUE ACCOUNTS PLEASE PAY FROM THIS INVOICE.
AN ACCOUNT IS PAST DUE IF NOT PAID WITHIN 30 DAYS OiF INVOICE DATE STATEMENT ON REQUEST ONLY
DUAN. PART!NO. o• SIZE i /i LIST OISCOUNT;,: -NET
77
/ ; � ,b+, .�' �.�,•';,^:�--TC.I�-.-�_• %j`_j ..L.-Ew. %':, /.) .Lr �' S t't) ✓j ,�t,
u
I
RECEIVEOINGOOD OFjDER
SUB-TOTAL
INSURANCE CO. '
TAX I
TOTAL MATERIAL AND LABO //
POLICY NO. FILE fd0
. �-+.-•-•�.-.-"---•w-'r.�--- :•e-r- ;^+r sT.ree r—. �..5.+�.. ��.. !++ �,0��-Tr•marts=».-��
STATE FARM INSURANCE COMPANIES
STATE FARC ,MUTUAL AUT()fQ8ILE- INSURANCE OH�AI�IY
NORTHERN CALIFORNIA-OFFICE ROH ERT PARK CALIFORNIA 94926 "
02 fiT4
GlA1M'NUMBER 'POLICYNUMBER CiCR,N0 DATE'OFOSS < 1GENT
O5 844-299 :7225 253-05
INs RE HIEbERT♦ RICNARL} T r dULI Y
5 fhE1t "1e29 -
.DATE OF CHECK ;p .CHECK NJMBER
-;�AY TO THE DELTA .GLASS ." - - �AtIG—O7-85 = 1. ZI071S
ORDER OF 101 RAILRD AD AYE
E-
A >� GA 4SD9
9
NVOICE
9:%1309 7034
ACCOUNT NO. r
.340 1 COVERAGE >- COMPREHI;NSIYE IF>IiT� "CAC: QR LOMV
COPY
,NOT NEGOTIABLE
K'0 2 i 26 i 1,6 ?4v' 1: 12 10000441:9 28m9 1450311' FILE COPY
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 October 7 , 1986
and Board Action, All Section references are to ) T,he copy of this document mailed to you is your
California Government Codes. ) notice of the action taken on your claim by the
Board of Supervisors (Paragraph IV below),
Amount: $300,000. 00 given pursuant to Government Code Section bbun$;� COL!nSel
915.4. Please note all "WARNINGS".
CLAIMANT: MARY JOHNSON S E P 10 1986
c/o Huali G. Chai
ATTORNEY: Attorney At Law Martinez, CA 9453
425 East Santa Clara Street, Suite 202
ADDRESS: San Jose, CA 95113 Date received
BY DELIVERY TO CLERK ON: September 8 , 1986
BY MAIL POSTMARKED: September 4, 1986
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL BATCHELOR, CLERK
DATED: September 8 , 1986 BY: Deputy
Hali
11. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) This claim complies substantially with Sections 910 and 910.2
(x) 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: ZBy: �c/,L ,"__A, 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.
OCT 0 71986
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'terved
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.
CC: Claimant County Counsel County Administrator
1
LIRJE(CEMOEDIV
CLAIM FOR INJURY, DAMAGE AND LOSS PURSUANTCALIFORNIA GOVERNMENT CODE. §910 AND §911.
TO: The Alameda-Contra Costa Transit District and. all appro-
priate parts, agents and employees thereof;
TO: The Board of Supervisors in and for the County of Alameda,
State of California and the County' s Agencies, Departments,
Districts and all of the appropriate parts, agents, and
employees thereof;
TO: The Board of Supervisors in and for the County of Contra
Costa, State of California, and the County' s Agencies,
Departments, Districts and all the appropriate parts
agents and employees thereof.
(1) This claim is being made by Huali G. Chai, Attorney at
Law, 425 East Santa Clara Street, Suite 202 , California 95113 , telephone,
(408) 297-6770, in her capacity of attorney on behalf of claimant
Mgry Johnson whose address is 32616 Brenda Way, Union City, California
94587. All notice respecting this claim should be sent to Huali G.
Chai, 425 East Santa Clara Street, Suite 202 , San Jose, California 95113 .
(2) Claimant Mary Johnson hereby makes claim under California
Government Code §910 and §911. 2 for personal injuries arising out of a
vehicular accident which occurred in Union City, California on August 9,
1986. At that time and place, the aforesaid government entities and
their agents, contractors and employees,,negligently maintained, owned,
controlled and drove an AC Transit bus on Alvarado Boulevard and the
surrounding areas so as to collide with a vehicle being driven by
Phong Du Lam. As a result of. the negligence of the aforesaid government
entities and their agents, contractors and employees, claimant who was
a passenger on the bus sustained among other injuries injury to her
shoulders, chin, head, neck, back, knees, side and internal organs and
other medical problems which will be detailed at a later date.
(3) At the present, claimant is informed and believes and
thereupon alleges that the Alameda-Contra 'Costa Transit District and its
employee Kathleen Yvette Powell are two of the entities or persons which
caused her injury, damage and loss. Claimant believes that all of the
aforesaid public entities and their agents, contractors and employees
were in someway involved in causing this accident.
(4) Claimant does not at this time know the amount of the
injury, damage and loss which she claims except that she believes it will
be in at least the amount of Three ".Hundred Thousand Dollars ($300,000. 00) .
Claim for Injury, Damage and Loss
,by Mary Johnson
Page Two
The basis for this estimated amount is the pain, suffering and mental
anguish, loss of .past, present and future enjoyment of life, medical
injuries and other special damages sustained by claimant and other
bases of relief not known with particularity at this time.
DATED: y Ott
LAW OFFICES OF HUALI G. CHAI,
A Professional Corporation
BY:
' HUALI G. CHAI
Attorney for Claimant,
MARY JOHNSON
r,
_ 2 _
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
'Claim Against the County, or District governed by)
the Board of Supervisors; Routing Endorsements, ) NOTICE TO. CLAIMANT October 7 , 1986
and Board Action. All Section references are to ) The copy of this document mailed to you is your
California Government Codes. ) notice of the action taken on your claim by the
Board of Supervisors (Paragraph IV below),
given pursuant to Government Code Section 913 and
Amount: $150 . 00 915.4. Please note all "WARNINGS".
County counsel
CLAIMANT: SCOTT VINCENT HAMBRICK
c/o Andrew Schwartz S�P 1 G 1986
ATTORNEY: Attorney At Law
1320 Willow Pass Road I\talAineZ, CA 94553
ADDRESS: Concord, CA 94530 Date received
BY DELIVERY TO CLERK ON: September 'll , 19$6 trans .
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.
Se tlwlber 15 , 19$6 PHIL BATCHELOR, CLERK
DATED: p BY: Deputy
L. hall
11. FRAM: 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-c J4,4—I -eZA .i2jUeputy County Counsel
1I1, 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: O CTO 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`3erved
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.
CC: Claimant County Counsel County Administrator
C_L;,,!M ' BOARD OF SUPERVISORS OF CONTRA COS�',� �O�jNTY
,:,r o final application to:
c6J� Instructions to Claimant
t�-ininez,Californ a9 93
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
of this form.
RE: Claim by 11 / ) Reserved for Clerk' s g�m
/ [11E:�CEIVED
� )
Against the COUNTY OF CONTRA COSTA) P ELORor DISTRICT) DFUPORS
(Fill in name) ) T S A puty,.
The undersigned claimant hereby makes claim against he County of Contra
Costa or the above-named District in the sum of $ V i 50.uo
and in support of this claim represents as follows :
------------------------------------------------------------------------
1. 4"Ren did the damage or injury occur? (Give exact date and our
X51
-- - - ---
---------------------------------------------
2. Where did-the-da-mage or injury occur? (Include city and county)
3. Now did the damage or injury occur? (Give full details, use er.t a
sheets if reguir d) c«7�/
/f�✓ %S �c''�� Q� /,r�4C� ll✓' (fjJls� ��� 't�Gf 7`�?G Of b(//
Q�� �''ul��a` � t r,, ah�0 Grl�cl�'1 tit f<✓cC ,(r,�c'G��� , �`/t C�•,.h -f��t Ljf/<.�if
</i 1 " �K frac c
fX// <d' P4s Gr�lr �5 1 �p /�i'Nir !aC b�cyc �C f d/uc4 m�a�-
$ �� -------------
�f 4. What particular act or omission on the part of county or district
l officers , servants or employees caused the. injury or damage?
7�(r9C�C� �� ��/c�C c/r<'�r '' /.� rcl�� C .L 1.✓u5 � �c� �O /G�� ��
C,
24'e'24'e'-7
- STeIt-4;
5. What- are the names of county or district officers, servants or
employees causing the damage or injury?
",4-L,'✓/%Jj
- --- - -- -- - ---- -
- - ----- - -- -- ------ -- --- - - - ------
---
6. What damage or injuries do you claim resulted? (Give full extent
of injuries or damages claimed. Attach two estimates for ant
damage)
�., `�u.st. ,����rC /N���i'rl�S i ter' f�L`' o'.���/� . :.'Ih� �.r •G f"
7. How was the amount claimed above computed? . (Include the estimated
amount -of apy prospective Jur or damage. )
65-
7e
-------------------------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
MA
/V "4
----- -- -- -=--- --- - - -------------------------
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
liq7 F/,,
torrlr�l�rl 6�/I
Govt. Code Sec. 910. 2 provides :
"The claim signed by the claima
SEND NOTICES TO: (Attorney) or by 52me person on his behalf
Name and Address of Attorney
I ^ Claima t s .Sjgnature
✓�' Cf r�'� �i lr'� �c o l -�� Address
Telephone No. 2 l Telephone No.
? 'C/
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 , vouche
or writinq, is guilty of a felonv. "
BEAT OCCURRED _q
FORM C'
t79 Case File No. 180.CAme/Classdrcsu181. Detail Code 1 182. Detail Code 2 183.1 Cont.
-,2/745'ig(o ^ �745' on L 8 Supp.
184.Vt um Name IL FMI 185.Date Ong.Rpt. 186.0 -Tim This Rpt. 187.Gnd Code
i > Co /A/ T 9- 46 35s0V
188. Suspect Name (L, FM)
189•PROPERrV DESLAIPTION(Impounded.Rseovwvd.Found.(oat.Stoleni lure No_An¢4.Ouarnov.SrsndrMate/Manuhctuns Model Number.Sepal Number.Miscellaneous Desenpton.Lomton
when assn.Values.Include total loss••UST IN FOLL VING ORDER AI Cu^snq.Nous B)Jew elrV•C1CbM,ng.Fun.01 Vehicles EI Office Eouemenl F)Radio.TVs.em.GI Fruanns NI Household Goods
ll Consumable nems JI Lnestocl KI M,sc
ONE 1 DD 11,eS
V6M933,fG� / 7- `s � % �`,C'E Ori
,F' C -
e /YT vTs 4 hQZeE0
j aew Ale 0 6.
S1 z 6
-E i°4Z49Y,if
u .e Al Ct ,PCt
�
190.Distribution Al"B DE DA_L_0_SR_V
Coroner_.Narcotics Inrestigation_Juv.
Intelligence Yice`Ccoplaint Ofe.__FOB 1gl,Reoort'ng OeD tPr^II 192.E^'p ` 193 Disposition
Patrol Cap. Press 5tat _Other ClJ ( _/
_ 194.Approvtng Supv (Print) 1 195.Emp s 195.Date 197, Page
of
(1511
CONTRA COSTA COUNTY SHERIFF-CORONER'S DEPARTMENT -- P. 0. Box 391, Martinez. CA 94553-0039 -- (CAO070000) Rev 5/86
���. FORM A ❑ DOMESTIC BEAT OCCURRED
e File No. ai
r 2.Crime/Chas licsu 3. eeU f l Cavi' 4. Detail Code 2 5.More Persons
gi�-9/N /- On form 8
TJ C+
6.Day• Date.Time 8. Date-Time Written ❑ victim
Of Occurrence ��p ), pate-Time Reported ❑ Suspect
t(/C D -3-of !O DO t° lc v-lox-m, D(��fS 'CI-Aa O�O S� (o ,� ❑ PRC
D,
• ness
9.Address/Location Of Occurrence 10.Grid Code ❑ Other
o f E 1 '3,5-b [3 Other
Victim 1 11. Name(L FM) (Sex Crime V, on Form B❑) 12. ace 4.5ex
O MP(Further �6 (Age) 13.
Dirac on Form BI K // /V --IT !-3�-5 ( 0 W m
15.Street No. 16.ApL No. 11. Street Name 18. City 19.State 20.Moura Phone
'See
21. Employed By 22, City 23.Work Phone24. Best Contact Time
v C�E,C�.S C Id ( ) 33-71Sj-
Home/
Victim 2 25,Nems IL FM (Sex Cnm V. On Form Bf 26. 00B (Age) 27.Race B.Sex
O P
O RC C'�Ij
VVitnass ( )
29• Street No. 30.Apt No. 31.Strest Name 32.City 33.Stat. 134.home Phone
1
35.Employed By 36.City T
ork Phone 38 Best Contact Time
Rome/
) Work/
CRIME DESCRIPTiON
39.Place Of Incident:
0.01 Structure O 03 Street/Alley O 05 Shoppingg Center 07 Fenced Compound O 09 Open Lands O 11 School Yard
O 02 Vehicle C304 Vessel 006S tora
06Stora a Tri'. O 08 Constr.Stu ❑ 10 Recnni.Area Cl 12 Other
- SUSPECT ACTIONS TYPE OF STRUCTURE ENTRY YIEAPO
40.S„anect Acnons t t t 41 $WOKI Aehdna121 42.Non-Res.de,itial 44,filisident,al 46.1109int Of Entry 47.Method Of Entry, 48.Type Weapon
❑ 01 Ractsily 01 Set Fire 01 Comw"ience 01 Single Family OtUnkown 01 Attempt Only 01 Rine
Motivated 8 02 lookout/ 02 Fan Food 02 APL/Condo 02 Front 8 02 NSFE 02 Shotgun
02 Vandalized Onrer Used 03 Reatsurent/9a, 03 Duplex/Town 03 Roar 03 Coalhanger/ 03 Sawed OR
03 Ransacked ❑ 03 Suap•el Known 04 Drtig/Medical 04 Hotet'Motel 04 Side Slim Jim 04 Unk.Hatdpun
04 Defecated To Victim 05 Got Station OS Mobile Horne 05 Gr.Lo-el 04 Bodily Force 05 Re-~
OS Smoked 04 Took Vehicle 06 Retail Outlet O6 Horne For Sue 06 Up Level 05 Saw Drift 06 S imi-Auto
06 Drank 05 Disabled Phone 07 Wholesale/ 07 Other 07 Door 06 Torch ►t nw
07 Used Flame 06 Suspect Armed Warehouse 08 Window 07 WraneWPhors 8 07 SL to Acoon
For L.gnt 01 Shut Oe Power OB Financtalilnst 09 Sliding Glass 08 Cur Screw" 08 Au Rdle/
8 OB Foiled Alarm 0B Bouna'Gagged 09 Emansm/Rec. 45.T r t 10 Ducvvont 09 Remove WindowBB Gun
09 Knowledge Of Vrctim IO School 01 An,c 11 Adl Bldg loonclu Nock 8 09 Knife Machet
Casn.Vatuablos ❑ 09 used Demand 1 1 indusinai 12 Roof 1 1 Pry Tool t0 Other Culling
❑ Note 02 Basement Instrument
10 Se•enive 1 j PuDt�c Bldg. 13 Wall 12 Bon Cuneis
In Loot ❑ 10 Put Prop in O3 Bathroom 8 11 club
13 Cnun:n 04 Bedroom 14 Garage 13 Punch Lock
8 11 Took TV/Stereo Sack 14 Moth/Hold if Basement 14 Window Smash 12 Sumleu/
12 Toos Only ❑ 11 Pur Prop In OS Dating Room chrpms
15 Other. 16 Fence 1 S Tape UseO
Money Pones 06 OMiFamily Am t 7 Gate t 6 Screwdriver 13
BluuBlY,
❑ 13 Teok J-welry/ 12 Used via Na ON 07 G•req•i Carport 1 Rps/Trre bon
t80mer 17Glets Curter
Stiwr 13 Molested Vict 08 Kitchen 1 B Door Kick 15 Veh cle
14 Used VK Tools 14 Unusual Oda 09 trvirq Room 19 Vehicle impact 16 Other
8
III Took Toots/., t 5 Masturbates ❑ 0/Cash Reg/ 10 Shediflam ❑ P.O.Exit
Epuip16 Shun Vitt f3rewN I t Other IO lock Boa
❑
I@ Allowees• 17 Diarohed Fully, 13 o2 Personnel/ 21 Other
9adaaeao 1 B Div.Partially Customers
❑ 17 Viet.Hoihei19 Bindllolded V. 03 Sate son
Pro,,", 12 Vending Mach.
8 16 Preoaree Ent 20 Made Threats 05 Display Items 49.Words Used By Susals)
Caused 19 Injury 211400 00 Stock Mdse.
22 UID 07 Tool&.lauio•
23 Demanded 3 08 Bag.MatMals/
24 Fired Weapon Fixtures
23 Other 09 Office Eouip,
8 10 Other
52a.Val. Musing O
50.Evidence O 01 Fingerprints 0,05 Sketches O 09 Alcohol O 13 Weapons O 17 Accelerants 51. Dispo. of Evid. Property
Present/Obtamed:=02 Shoeprints O 06 Glass O 10 Tool Marks O 14 Firearms O 16 Vehicles
Q Non• O 03 Tire Tracks O 07 Fibers O 11 Toots O 15 Documents O 19 Clothing 52b.vat, Damaged
❑Cnrne lab ❑04 Photos O 08 Hair O 12 Other Prints O 16 Drugs O 20 Other Prtlp.rq
53,Bnof Synopsis Of incident
llm",elcC lr0
54. Oistrlbution!/C_OE_DA L_0_5R V
Coroner�Rarcottcs_lnrestigation_Juv. 55. ReportingDep f nnn
56. nip• • 57.Disposition
Intelligence-vlce_Compiaint Ofc FOB C� //2� Q�
Patrol Cap._Press_Stat._Other
cA, WZ Oc______A_#Y/9QD �iS.Tlf1. 1£k'%f F S8'Approving Supe (Pnnil 59.Emp. • 60.Date 61.Page a of
CONTRA COSTA COUNTY SHERIFF-CORUNER'S DEPARTMENT -- P. 0. BOX 391, Martine:, CA 94553-0039 -- (CA0010000) Rev 5/86
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District governed by)
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 7 , 1986
Dd Board Action. All Section references are to ) The copy of this document mailed to you is your
:California Government Codes. ) notice of the action taken on your claim by the
Board of Supervisors (Paragraph IV below), dd
Amount: $378 . 55 given pursuant to Government Code Section bOa f jj/ Counsel915.4. Please note all "WARNINGS".
CLAIMANT: FELIPE AND NORMA JOTOJOT SEP 16 1986
ATTORNEY: Martinez, CA
ADDRESS: 1916 Calaveras Drive Date received
Pittsburg, CA 94565 BY DELIVERY TO CLERK ON: September 11 , 1986 hand dE
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.
PHIL BATCHELOR, CLERK .�
DATED: September 15 , 1986 BY: 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: y��� Bys�J -G -?��C�.C-sC�J' 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
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: O C T O 7 1986 PHIL BATCHELOR, Clerk, By .-w� Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally`3erved
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.
,CC: Claimant County Counsel County Administrator
CLtkIM 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 ) Reserrd ]:Wqy
g stamps
RECEIVIM
Against the COUNTY OF CONTRA COSTA)orDISTRICT) t
(Fill in name) )
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ 3"7g_SS
and in support of this claim represents as follows:
------------------------------------------------------------------------
1. When did the damage or injury occur? (Give exact date and hour)
'- --1��_i ----- -am --- Alg - ---------------------------
2. Where did the damage or injury occur? (Include city and county)
3. How did the damage or injury occur? (Give full details, use extra
sheets if required)
------------------------------------------------------------------------
4 . What particular act or omission on the part of county or district
officers , servants or employees caused the injury or damage?
e>z � pazpeo-q, tom" NFA a rc- T-6
(over)
5. What are the names of county or district officers, . servants,?crit .,:-,� ���!
I employees causing the damage or injury?
-------------------------------------------------------------------------
6. What damage or injuries do you claim resulted? (Give full extent
Aj�Wes or damages claimed. Attach two estimates for auto
�- - P k�-, p�-rtic-c-
--------------------------------------------------------------------------
7. How was the amount claimed above computed? (Include the estimated
amount of any prospective injury or dama e. )
CM1VW& C*-L AT�1 6�) Tr�l(11QcZ�, tT��Y1 1'
-------------------------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
LO(7&LEt:�� 941 Lit P �` ,-t .1Q(4- CI L.AQ EP1 AOG;1
--------------------------------------------------------------------------
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
**************************************************************************
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
C-laimanV s Si n ture
1C�1 h Cid. EP-QS �tQE
Address
cA �L�
Telephone No. Telephone No. rjg-{Q1
**************************************************************************
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. "
vtvI•I`L
ESTWATE CUSTOM PAINT AND AUTO BODY
OF'REPAIRS 2160 Piedmont Way, Pittsburg, CA 94565
,Q r Tel. (415) 4 -1808
NAME,/ /� Lf/ E V 10 DTO� ADDRESS��(_ C"
MAKEYEAR;7,Lt__STYLE JVj SERIAL #, UC. #25 . f IVs DATE 9_SZ 96
Probable /C e
INSURANCE CO. ADJUSTER —1 ,/�� Down Time PHONE NO.
LaborFRONT OF CAR Labor Parts Sublet LEFT SIDE I Lobol Pa rts Sublej RIGHT SIDE
Hours Hours Hours
BUMPER FENDER FENDER
Bumper Brkt. Fender Skirt Fender Skirt
Bumper Guard Fender Ext. Fender Ext.
Bumper Reinf. Fender Mldg. Fender Midg.
Bumper Pad W.O.Midg. W.O.Midg.
Gravel Shield Cowl Cowl
Valance Headlamp
Headlamp Doc
HEADER PANEL Sealed Beam
G,Jie Park-Light GOMEZ BROS. LL
Grille Midg. Side Mark. Lan439-1808 ,,,painting ;
Grille Brkt. Frat"Stniphtening `j��� lrwnwwowork i.
Vert.Supt. DOOR, FROP N7ndaANld�pe"1°"t s t
Door Hinge
Door Reinf.
CORE SUPT. Door Midg. CUSTOM PAINT&AUTO BODY
Radiator Door Handle QUelity Work
Rad Shroud Door,Glass 2160 Piedmont Way
Rad. Hoses Gilbert Gomez Pittsburg,CA 94565
Anti-Freeze ObRFEAR Owner
Fan Blade Door Midg. Door Mldg.
Fan Belt Center Post Center Post
Fan Clutch oc er ane Rocker Panel
Rocker Mldg. Rocker Midg.
A.C. CONDENSOR QUAR. PANEL QUAR. PANEL
Recharge A.C. Ouar. Ext. Quar. Ext.
Air Cond. Line Quar.Wheel Hse. Quar.Wheel Hse.
Dog Leg Dog Leg
Quar.Mldg, Quar.Midg.
HOOD Wheel,Open Midg. Wheel,Open Midg.
Hood Hinge Fender,Rear Fender,Rear
Hood Mldg. Tal Lamp- Tail Lamp
Hood Latch Side Mark. Lamp Side Mark.,Lamp
Ornament REAR OF CAR MISC. ITEMS
Name Plate Bumper Top
Bumper Brkt. Antenna
Bumper Reinf. Battery
SPINDLE Bumper Guard Gas Tank
Wheel Bumper Pad Frame
Tire %Worn Body Pane( Cross Member
Hub Cap Gravel Shield Motor Mts.
Up.Cont. Arm Floor Undercoat
Up.Cont.Shaft — Towing& Storage
Low.Cont.Arm TRUNK LID Refinish As Nec.
Low.Cont.-Shaft Trunk Lid Midg.
Wheel Align. Trunk Hinge RECAPITULATION
Trunk Lcck Q CV
Labor Hrs.V.@ $ _3!0 1.00
WINDSHIELD Lic Light Parts $ M. Oo
Adhesive Kit Back-up Lamp
Moulding Tax $ y '>
Open Items Material
If the customer wishes to claim used and/or damaged parts,please check this box
I hereby authorize the repair work listed to be done along with the necessary parts and materials. y car will be driven by your
employees to make required tests at my risk.An express mechanics lien is hereby acknowledged on above car or truck to secure the Sublet $
amount of repairs thereto.I herby waive the Statute of Limitations and it any action on this account requires employment of an attorney I
agree to pay 1,2'.interest per month which is an annual percentage rate of 18%from date,reasonable attorney's fees and court costs.
Storage will be charged 48 hours after repairs are completed.Not responsible for lossor damage to cars or articles left in cars in case of TOTAL $ •
fire,theft.accident or any other cause beyond our control.
Authorized by X
' J ESS HERNANDEZ BODY SHOP
ESTIMATE OF REPAIRS
ALL MAKES AND MODELS _
107 BLISS AVENUE PITTSBURG, CALIFORNIA 94565 ,,
BODY SHOP
PHONE 432-3000
X��= —1`7 -� % -- ---- ------ —
Name.- - '— --- -- - —
Address--
1.1�� (��(�r IT ✓` rte'-�— -- --- -- -- —Phone �� / — --
Make
Serial No-- ---- _ _ _ . ---Mileage
Insured ------ ----------- ---..----__-Estimator _ Date
—.
Symbol FRONT Labor Mrs. Parts Symbol LEFT Labor Mrs. Parts Symbol RIGHT Labor Mrs. Parts
Bumper Fender Fender
Bumper Rail Fender Ex. Fender Ex_
/ ler Shield I Fender Shield
r Mldg. I Fender Midg.
J1]ESS H ERNAND EZG BODY SHOP amp I I — Headlamp
24 HO TOWING amo Door — Headlamp Door
d Beam j Sealed Beam
JESS HERNANDEZ Cowl
Ovine! :Post Door Post
Front Door, Front
-'_ Lock Door Lock
Hinge I Door Hinge
PITTSBU� ,GALIEORIVIAs ' Glass, Clear Tint Door Glass, Clear Tint
p ,.
1 ` - PH�NE'( '13fl Pd Glass, Clear Tint Vent Glass, Clear Tint
U A Mldgs. Door Midg.
Lower Cont. Arm Znatt �oor Handle I Door Handle
Shock ! Center Post II Center Post
Windshield Glass-Tint Door, Rear I Door, Rear
Back Glass j Door Glass, Clear Tint Door Glass, Clear Tint
Door Midg. 11 Door Midg,
Tie Rod Rocker Panel Rocker Panel
Steer n Gear Rocker Mld . Rocker Mld .
Steer;Ar Wheel Sill Plate Sill Plate
Horn Ring ! Floor I Floor
Gravel Shield Dog Leg Dog Le
Parking Light ! Quar. InnerI Quar. Inner
Grille f Quar. Panel Quar. Panel
Quar. Midg Quar. Mldg.
/ Quar. Glass, Clear Tint Quar. Glass,Clear Tint
Quer., Rear Ex Quer., Rear Ex
Quar, Midg. Quar. Mldg.
Quar. Pad Quer. Pad
Mirror REAR misc.
Horn Bumper Instrument Panel
_ Baffle, Side Bumper Rail Front Seat
Cross Bar, Lower ! Bumper Bracket I Front Seat Ad'.
Cross Bar, Upper Bumper Guard Trim
_ tock Plate, lower Gravel Shield. Headlining
_ Lock Plate, Upper lower Panel Top
Hood To Floor Tire
_ Hood Hinge Trunk Lid Tube
Hood MIS j I ! Trunk Lock I Batter
_ Hood Letters I Trunk Handle Paint r '77,777,7,t '
Air Condensor / Tail Li ht 1 , ._.� Undercoat
Radiator Svp. I Tail Pipe - Muffler
Radiator Core ; Gas Tank
— i SUMMARY
Radio Antenna Frame f
Radiator Sh:out License Light Labor Hr ,E 4
Fen Blade Hub and Drum Parts E
Fan Belt Back-Up Li ht /L, I
Water Pump Wheel Shield Tax
Motor _ Axle '�-
iSublet
Trans.-Linkage _ Spring
E
TOTAL E
� 'J
JUL 27 .
STATE C. Or LIFOR.11V
TRAFFIC C061ISION REPORT
-AO[ Or E
SPECIAL CONDITIONS me.INJungo N &ItCITY JUDICIAL DISTRICT NUYsaw
G� ' IaLONr c
L
Ei✓,C•rGE �c� No.w1uaD N w COUNTY w[-ORrma DISTRICT OK AT
vE� 7- 258
"�I CLE r1SD,
C ❑ 4 �T-iea G� —� 70
COLLISION OCcuRRED ON MO. DAY Va. LIMIL (ZA00) NCIC MUMwaw OFr1taR�- ? : - cyl . Ul
E -� -- - - ---------------------LlR;--------------------
f YILa/O tT 1NI Ow YATION INJUPV.FATAL OR TOO AWAY STATa MIGNWAV RELATED
U ►fsT Or MILEPOST ,n,♦[5 NO G Vas NO
O - - PN OTOO RA PN{
J .�:AT iNr[R{t GTION EIirN (� ':]
ow: f FEST/�15a E�� or ��G��=,/✓'� G _ Ls C. GVa. No
PARTY NAME (PINST,MIDDLE.LAST) - W.&O'S NAME �J SAM6 AS ORIVan
I
t r C�IJfaW�y V E1-J'C GE
OVER\ �-�`
DRIVE"
STw[[T ADD Aa s{ NOMa -NON! OIENa R'{AOowass I SAFE AS Owlvaw
Etta
►EOKS- CITV/STATS/Z1► - SUSINESf PNONE A,S/OSI e"OF VRN• ON OwOa"s OF
TRIAM L. }�y ^} {�
Ow,.. ...Va. LJ orNKw
FAw NaO DR rvaw't UCa Nf[NUYaaw STATE aIRTN DATASs)t wACa Diwa CTION OF
ON:'walWaslS (STR[ST a�w.wTwIMYAv) SPEED LIMIT i
VYaN. r0. DAY Ya. TRAVEL
8lCV- V6N.VW(S) MA K3(8)ISIODEL({)/COLOR(S) LICENSE ND.($) STATS(S) GMP UfE VaNICLK CA,//M--AGA-KET6NT/!LLCCAT/ON
CULT �V 4 F. �� E��J�g•��. - C.y VCn CNK Tl' MINOR Ll MODERATE :J MAJOR G TOTAL
OTNKw , Vl. -1 '�?" I.•
PARTY NAME (Viw ST,NICOLE.LAOT) OWNKR's NAY! V$AME As DRIVER
2 t='E I I?D E 14. �c;-0 TC'�
ORIVaw 1"088T
AODR2SS NOME /NON[ �OWNaw's ADDRESS Lj{AMS As DRIYKw
/sou• CITV l%TAT9/ZI►- tvillNass rNoNa :DIS-osym�on Or VSN, eN owoERs or �•
TwIAN F�-Ip1� L 1 r- 4-
_' LJ orI10Ew L�Dwrvuw 1 OTNKa
PAA</D ORIVaO•S L,CSMfa h CVCSR STATE RIw T«OAra salt .wACa DIPK CTI ON OI On;AQWs (STREET OR N,DNOAV) Is-alto LIMIT
YO. DAY VR. TRAVEL
E CALJcvRAs
a1CV- YtN,Ya($) MARa(8),M006L(S)/COLOR(!) LICENSE NO.($) STATZ(S) CHP USE VKNICLA DAMAGE-EKT9NT/LOCATION —i
CLIfT ONLY
�� 'Jr` ` �(l� d'•/1 ����i vim/ `N V6NICLE
TO 'MINOR n J MODERATE ❑Yw+Ow �)TOTAL )
1 -
OTN[R .•.r,J r�L/.�J�Y
`717OLvAIK 4.
I
PARTY NAME(PIw ST,MIDOLF.LAST) OWNaw's NAME SIT—!SAY9 AS DRIVER (I�
� I
Dw,vaw is991 ADORES{ NOME 1N0N9 OWnER,s Acomas$ L.�SAME AS DRIVER
►EDaf- C1TY;STATK/Z11 aUSINESS/NONE ;DISPOSITION OF Va"• i 07-011 OR
hORDa01 j
TRIAN i
L.OI►ICER DP,VCR eTNaw
`VARIED DRIVER'S LICITNia NUMaaR STATE ■IRTNDAT[ yi 11 wACa !DIwa CT1D-DI ON,ACROS!(STREET Ow n,GNWAV) SrEEO LIY1T
V9n. YO.
*AV Yw. I TRAY9l y
I .
ia1CY• Va".TR(5) MANt(S)'MOD9L(f)'COL OR(f) LICENSE NO.(f) {TATs(f) CM► LI$E iVt NICL[ DAMAGE-[%Ti nT(L OCATION
CLIST ( ONLY
n ;-(
Vt NICLE TY- L -,ND. roD[w ATK MAJOR 'OVAL
OTNaw
I
PARTY NANE (WORST.-IDOL9,LAST) - ;owNKr f NAME
SAME AS Dw1YKw
4
Dw,VfR OTw[sT ADOws{S NOME r Owa DONS«'!AODRSSs L SAME AS DRIVER
i
-SDE{• CITV IST ATl:t1P evs.wass.NONa DISPOSITION Or VER. ON ORpfR{OF
Tw1AN
err,e9w CC owlYaw r 01N9w
PAIIRED DwIVaR'{LICENSE 01-010 ' STATE _ "RIw TNOATt ONE INICS DIRECTION O► ON/ACROSS (STREET on nIGNWAV) 5-960 LIMIT �
Vs.. r0. DA♦ Vw. TIIAVaL
i
i
01CV• VER.Y0(5) MARX(S)/rODf L(S)+COLOR(S) LICENSE II0.(5) STATa(S) CN► USE VKNIC►t OA YAG{-Sara MT'IOCATION —�
CLIST ONLY 1 1 r 1I
. VKNICLa TT ❑Ninon U woosmars G MAJOR i..TOTAL I
OTN9w iii
CMP 555—Page 1 (Re. 8.60, OPi 042 as 930M
{TATa'OI CALIr ORNIA
TRAFFIC COLLISION COOING
DATE'OF =Oft Tlr[ (A.") wcic NUM.aw orw,ca-I.D.
(� L
DAV 1..L
PROPERTY DAMAGE
DEscnl"ON ow DAMAGE
ow"KR'f NAYa/AOORass WOTIF IGD
♦[{ O NO
VIOLATION(S) IPAITY 1 ►ARTY 11 PARTY 7 PARTY a
CHARGED
►R IMARY COLLISION FACTOR TRAFFIC CoH'Ro. revICES 1 ' 2 I ) a TT►E OF VEHICLE 1 11 11 14 j MOVEMENT PRECEDING
(►1s1NUY/aw(.j or r.wry AT-AULT) 7A coNTwols•uw cT,DNINc A►A{[a NG[w c.w;STA.r.GON COLLISION
+R I A cc cTIO vv Olwrra: ;8 CONTROLS Nor FvNcYIo-NG+ IB PA{Sa NOUN CAR W;TRAIIaw A sYo-Pg
Y.C.- :C CONTROLS o[SC—co. i C MOTomcY CLa/{COOTan 8 -w Dcaa OI.G STRAIGHT
R 'B OTHER .-..DOUR OwIV1.G+ -,D CoNT-OIs NOT •w[sc."".CTOw D nCRu•an PANaL TwucK I IC JOAN oFr ROAD
E ►ICRVP/rANaL TRR W/TRLP D YANING RIGHT TURN
OTHER THAN DRIVER' TYPE OF COLLISION F rw UCK OR TRUCK TRACTOR E NAMING LEFT TURN
'[) UNKNOWN+ A K.o-ON ) G TRRTJOK TRACTOP r;TRLM F MAKING U T.*N
WEATHER (YARN I TO: .T[Iwfi B S.D[{w IP[ I N{CNOOL RU{ G 111ACKIMG
A CLEAR C RWAR END 1 OTHa■ w.s N SIDLING-STG►PING
B CLO✓D" !D BNOADf1011[ J [MERGaNCV VENICLE 1 PASSING OTHER VEHICLE
G R.INING E "IT O[JECTK NOR, CONT.KQVI•r[NT CHANGING LANES
(� {MOWING 'F OVERT✓..to I L /ICYCLC K -ARMING MANEUVER
•Fi •OG 'G VaNICLE OACESTRIAN !M CYHa.VEHICLE L ENTERING TRAFFIC
1► OTHER•: %N OTHER.: IN PEO[STwIAN M DTHER UN{AP[ T:JRNING
ro.eD N -ING INTO.....ING 1-.,'
LIGHTING MOTOR VEHICLE IN'r OL\E'.' WITH I !O •ARMED
'
At c.Y-4-1 A OTHER ASSOCIATED FACTOR 1 Ir MERGING
B ovs -- -EO[s--. (YARN 1 To S'la"s) Q TRAVEL:., WRONG..".
ori DAR.-ST-[[T LIG.'s C O'r-E. MOTOR Va HICLE A VC{[[TION VIO,ATTON: R OTHER•;
STwtaT LIG.•Ts D YCTOF YES.o- cTHt- -o.Ow—
N sTwEtT LIGHTS NOT E PASN[C MOT0. VR.1cCK 9 VC SUCTION VIOLATION: !
•LNCYION LNG' F TRAIN I
G'N,c,c,f C VC SECTION VIOLATION: I
ROAZINAV SJRFACE I.H A.—L. 1 Z ] j a I SOGRIETY-ORuG-
11
A ow. ID VC 5acT.0%VIOLATION: ►YY SICAL
B waT 1 II%tD O. ECT (YARN I Tp s ITCH{)
I
iC S.O.Y—ICV E VI{ION O/sCUREraNT{: A HAD NOT .aaN DRINKING
�d sLIP►ERV (MOODY.OILY,[ c.). 'J OT.Ew O.•a CT: ( B H/D-UNalw INPLNEMC[
1 ! F INATTU NTION C M/D--NOT UNDa. INr LU.•!
BOAC WAY CONDITIONS G 6T0-s GO TRAF-IC D.eo-Ir-AIRMaNT UMNN•
MAR. I TO i IYa.IIJ -EDESTR:AN S ACTION N ENTERING/LEAVING RAMP E UNDER DRUG INFLUaNCa•i
A NOL[S. O[t►R✓T{+ 7 A MC Pa Dt STR!AR IMVOLVEZ1 ►REV/DU{ COlLIS10N F IMPAIR Y[NT-PMV{ICAC+
jB LOOSE MA'LRIAL ON ROADWAYS CROSf:NG IN C-OSSWAL. J UNFAMILIAR WITH*GAO G,MIAIR WENT NCT KNOWN
!� OPSTw.•CTICN ON Pv ACWAY•
T INT[-fE CTiDM K Dt ra CTIVt VK. EG✓IP.: I M NCT A►►LICA/LQ
D CONSTw.ICTIDN•PC PAID TON[ CROSSING I. Cw OSSw'ALK-MGT ! I 1 flt[II:I ATI,UEC
COO, -OADw.• —T. IC T I.TC PfE CT1Cn
L uwINY OLv tc VW—CLZ
F •'OODED' D CR Of f'nG-'%z- --DSsw AL. 1 !M OTHER•: a SPECIAL +NFOFMATION
T—
' G N.ONE A•-AR[NT ( :4 NAZ.wDO.:f YAT[w:.lf•
M MO UNuSU.L CONCH—• F MOT�M wC.D lC.' I O RYwA w'AY V[HICL[ B —w -.VOLVED-
G A-•w�.cN.NG :L Av:n; fc«ocL sus I ,C TIO[ DE•i CTIPAILURt+
SKETCH V;5CELLANEOUS
I \�
� INDICATE i
NOWT`•
1
)
I
J
I
PHYSICAL DESCRIPTION OF PARTY
uY.[R NAaRfYts IHaI[HT WEIR NT
1
•w[PARaR { MAY[ 1.0.N•:Yi[R MO. DAY Yfl. Ra VIa WaR*%NAME I MO. DAY TR. 1
1
C-+D 555-Page 2 IRP. 12 84 GF. 04: //L ` �n,�— `I� rI tEzplo:n in narrative
- - '.r�;�w�-����'y`��1�-i q •.-S_�f`:.:i='•''�T LTi."_'i'Z�..�� �}{��I l!"�_ - :'TiL+�- - _- ±;�"!"...�.
.1 ��� •:.�'- " p�.i 3:.: ' -t',.. _
-�• __ ..lLi...-t���7t£ `-ir-.'� S.�. .1i:�.:A:
1��.i•:Lyi.1i\11'.'a `'��Y.-1�w'.�:.:...._...:..�_.
fT.Tc o• c•LI.e.«IA
INJURE D3'WI TN E SSE SMASSEN G E RS
�
:DAT[ O. COLL1110N - ITIr[ I"") MOc NUNa[w ow.leto LD- Nur[[.
(rp 7 LI A, 10 ) T.. G o �-k a•C� 7
EXTENT OF INJURY ("X-One) INJURED WAS("X"one)
!c/1TN[ff,PASSENGER •ARTY SEATING
ONLY 1C AG[ a[
ONLY •ATAL INJURY f[va.c oTtl a. VIf Ia La f COY.l A1NT DRIYaw ►Afs. •tD, a1cr CL1fT OT-9" NUMO[R POSITION
i IMIYRT 1MIVRIaf I O• .AIN
SNA Ya;ADDR[f\!Tftt•w OMa
kJ`N.-i�L SNE' �G1X� 4:)LC.ou �l,`.5 �.Li PJ'•"'«u� �'� Z�' • � /
r.ANs•OwTeo DT/TAatw To (Iw•VRaO ONLY(
Daf C.1a[ Ift—olaf
Nwra;Aoo.cac;Talvwowa
TRAw\.ORT[O ar/TAwlw TO (INJURaO ONLY)
IN1
0
R16
9
t. L ❑ ❑ Li
w•Yf;ADO■[\\rT[L!•40Ma
�..w\•DwTac a•:T•wa«ro II«....ao o«L.) i
L J til D L D U
TwAw\•O wT[O ar/TANa. TO (INIV.aO OMLT(
otscalma I—RIaf
t ❑ i ❑ ' J i u '
.AN[ •DOPlit/T!L[►yONf
T.•N f•O.T%V ar;TwwRN TO (1.11I.9D Owlr(
an scw.a! IM�uwILIs -
.Art�ADOwlff lT[L[.NONt
T.ANs►DRTKO[Y!TARaw TO (IN IY.aD DNLT(
atfc.'se tMfuwlaf
Ma•A Rlw \NAY[ I.D.Nur[t. YO. DAY TR. .a Vlc�[w'\NAYa r0. DAY rR.
c..OLa1 I C,
CHP 555—?age 3 (Rei 6-841 GP, 042
•TATS o% cµlrowtilw
FACTUAL DIAGRAM WAGSw
DATE or COL111110I. rlrt (awre) (rc�c rur.[w ernc.w te. ruraw
47
ALL MEASUREMENTS ARE APPROXIMATE AND NOT TO SCALE UNLESS STATED(SCA LIE
171 11 1 1 1 i I1
Iro/ wrE
r rowTr r
V !'
AV -
r ¢RivATE' �,
7. 7.
•• �.. Z.. �.. �.. _ S.. •.. �.. •
rwE.A■[■ i wArt •.G.rurE[■ Mo. OAT. •w. ■EYiEwEw'E UYE[ r0. 9.T vs.
CNP 555—Page 4 IRe. 6.84. ppl py2 er 3390
•TAT• q- QAL.V0SAO#A
NARRAf VE/SUPPLEMENTAL FADE C'
'�o.ee1 . TRo�7 OwIOiN.L.N ,bScmTG III"& . �ladO) ' RICICS NpcR.�Rw wuMRsw
CA. IN. cG
"■ OMR ">t"one TIPS SUPPLIEWUNTAL I .R..AP-LICARLR)
NA RRAT(VE COLLISION REPORT C •A UFOATE til FATAL C 041T Q RUN UFOATE
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CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
1
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 7', 1986
and Board Action. All Section references are to ) The copy of this document mailed to you is your
California Government Codes. ) notice of the action taken on your claim by the
Board of Supervisors (Paragraph IV below).
given pursuant to Government Code Section 913 and
Amount: $1, 066, 800. 00 915.4. Please note all "WARNINGS". County Counsel
CLAIMANT: KENNETH J.-'MERCURE S t P 1 G �Ss6
c/o Clyde I. Butts
ATTORNEY: Law Offices of Marraccini & Butts Martinez, CA 094,553
1225 Alpine Road, Suite 204
ADDRESS: Walnut Creek, CA 94596 Date received
BY DELIVERY TO CLERK ON: September 11 , 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.
PHIL BATCHELOR,. CLERK
DATED: September 15 , 1986 BY: Deputy
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: �c�i / By: eputy 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).
1V. BOARD ORDER: By unanimous vote of the Supervisors present
(x) This Claim is rejected in full.
( ) Other:
I certify that this is Ca true and correct copy of the. Board's Order entered
/in its minutes for this date.
Dated: OCT O ( 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'3erved
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.
CC: Claimant County Counsel County Administrator
✓ rfr M /I`ve
I CLYDE I . BUTTS �, `►�T?
LAW OFFICES OF MARRACCINI & BUTTS ��
2 1225 Alpine Road, Suite 204 O )
Walnut Creek, CA 94596 cc
j. 1 (415) 943-1850 ey ; ar E
r SVp�R
4 Attorney for Claimant KENNETH J. MERCURE
5
6
7
8 Claim of CLAIM FOR PERSONAL INJURIES
[Gov. Code section 910]
9 KENNETH J. MERCURE,
10 v-
11 COUNTY OF CONTRA COSTA.
12
13
14 TO: CLERK OF THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY
15 651 Pine Street
Martinez, CA 94553
16
17
You are hereby notified that KENNETH J. MERCURE, whose
18
address is 1161 Harbor View Drive, Martinez, California 94553,
19
claims damages from the County of Contra Costa in the amount
20
computed as of. the date of presentation of this claim of an
21
estimated $1, 066, 800.
22
This claim is based on personal injuries sustained by
23
claimant on or about June 12, 1986, on Alhambra Valley Road at or
24
about 200 feet east of Ferndale Road in Contra Costa County under
25
the following circumstances:
26
Claimant KENNETH J. MERCURE was traveling eastbound on
27
Alhambra Valley Road and was seriously injured when his vehicle
LAW OFFICES OF 28
MARRACCINI&BUTTS 1
1225 ALPINE RD.,STE.204
WALNUT CREEK,CA 94596
I was struck by a truck and trailer assembly driven by Daniel
2 Duarte.
3 Duarte, traveling westbound on Alhambra Valley Road, and
4 while passing two bicyclists who were also traveling westbound on
5 Alhambra Valley Road, had crossed over the center dividing line
and was in the eastbound lane immediately prior to and at the
7 time of the collision. Duarte ' s truck and trailer assembly
8 sideswiped the left side of claimaint' s 1984 Chevrolet, causing
9 total property damage to claimaint' s vehicle and severe injuries
10 to claimant and his passenger.
11 The curve in the roadway where the accident occurred is a
12 blind . curve with tree branches obstructing vision in the curve
13 for both the eastbound and westbound drivers.
14 Claimant contends Contra Costa County is negligent in that
15 the county has failed to post 'adequate roadway safety signs in
16 the area of Alhambra Valley Road where the accident occurred.
17 There are no posted suggested safe speed limit signs, nor is
18 there any warning, by sign or otherwise, indicating the type and
19 degree of the roadway curve for eastbound traffic.
20 Claimant further contends that Contra Costa County is
21 negligent in that Alhambra Valley Road is improperly and
22 inadequately designed and maintained. The roadway has an
23 inadequate and improper width at the point where the impact
24 occurred and has inadequate or nonexistent roadway shoulders.
25 Further, the roadway surface at the point of impact is
26 inadequately and improperly designed and maintained. The design
27 land maintenance of the roadway is also inadequate and improper in
28 ithat there are no bicycle lanes along the north edge of the
LAW OFFICES OF
MARRACCANI&BUTTS
5225 ALPINE RD.,STE.204 roadway. 2
WALNUT CREEK,CA 94596
1 Claimant contends such negligence on the part of the
2 County of Contra Costa substantially contributed to the collision
3 and injuries proximately caused'ithereby.
4 The amount of damages claimed as of the date of the
5 presentation of this claim is computed as follows:
6 Damages Incurred to Date
7 Medical and Hospital Expenses (estimated) $20,000.00
Loss of Earnings (estimated) 5, 000.00
8 Special Damages 11, 800.00
9 General Damages 1, 000, 000.00
10 Total estimated Damages incurred to date $1,036, 800.00
11 Total incurred to date
12 Prospective Estimated Damages as Far as Known
13 Medical and Hospital Expenses 30, 000.00
Loss of Earnings Unknown
14 Other Special Damages Unknown
15 Total Prospective Damages $30,000.00
16 TOTAL AMOUNT OF ESTIMATED DAMAGES CLAIMED $1,066,800.00
17 All notices or other communications regarding this claim
18 should be sent to: Clyde I. Butts, Law Offices of Marraccini &
19 Butts, 1225 Alpine Road, Suite 204, Walnut Creek, CA 94596.
20 LAW OFFICES OF MARRACCINI & BUTTS
21
22
23 YDE I. BUTTS
Attorneys for Claimant
24
25
26
27
LAW OFFICES OF 28
MARRACCIN7&BUTTS ?
1225 ALPINE RD.,STE.204 J
WALNUT CREEK,CA 94596
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
g�
BOARD ACTION
Claim Agairst the County, or District governed by)
the Board of Supervisors-, Routing Endorsements, ) NOTICE TO CLAIMANT October 7 , 1986
and Board Action. All Section references are to ) The copy of this document mailed to you is your
California Government Codes. ) notice of the action taken on your claim by the
Board of Supervisors (Paragraph 1V below),
Amount: $250. 00 given pursuant to Government Code Section 031anti Counsel
915.4. Please note all "WARNINGS".
CLAIMANT: MARY E. WILLIAMS SEP 16 1986
ATTORNEY: Martinez, CA 94553
ADDRESS: 1224 Lawrence Road Date received
Danville, CA 94526 BY DELIVERY TO CLERK ON: September 12 , 1986
BY MAIL POSTMARKED: September 11 , 1986
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL BATCHELOR, CLERK
DATED: September 15 , 1986 BY: 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: 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 ent red in its minutes for this date.
Dated: 0 C T 0 7 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'3erved
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.
CC: Claimant County Counsel County Administrator
a ei i
,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 Cor 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 < ) Reserved for Clerk' s filing stamps
/ - p / / /r/,�' //fp ) RECEIVED
I�Z_� (�LL4.L"f��4.'C.. 1�'V I"�'Ii1.w�J l \ )1
Against the COUNTY OF CONTRA COSTA) SFP/�� U
P AT LOR
or I/�o--r t,•��l� DISTRICT) CLE o uee s
(Fill in name) ) "y ,name) ....
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ d O
and in support of this claim represents as follows:
---------------------g------- --y---------------------------------------
1. When did the damage orr�in 'ur occur? Gave exact date and hour
cJ-Yt e o� 7� ,6
-----------:--------------------------'----------------------------------
2. Where dad the dam/age or injury occur? (Include c/ilty and county/)
. e72 �1 vt e-4-C T455-- c�r�� �-c� P V"" ll l e.
----------- -----d-------------------------------------------------------
3. How did-the amage or injury occur? (Give full details, use extra
sheets if required) /
a� w<<r�ef- c-✓�'"��r (� cL;�� ���
l or rte?,I, r.-1 7 e fP �ece.
--------------- ------ --_--__---------------------------------------
4 . What particular act or omission ori the part of county or district
officers , servants or employees caused the injury o!'r/ dam/age?
cc cr If-�-r Tari Uwl cvm I.mac' �rac 7� C d u�� ,•.� rep, r
(over)
5. What are the names of county or district officers, ...servants Dr
I Remployees causing the damage or injury?
014
----------^----------------------------------------------------------
----
6. What damage or injuries do you claim resulted? (Give full extent
of injuries or damages claimed. Attach two estimates for auto
dama e) / 1 / /'
�� a,�fi��a �It 2
7. How wQs the amount claimed above computed? (Include the estimated
amount of any prospective injury or damage. ) r r / J
�4 e..J cz-q c✓[y � lU5 ��/Q (!U'1 e_44Q _'L UG r sl/��
P"P( To y a "�7 q CrI S S rQ2<¢a= M << 1 -1-4 e Y d^� C( /�fK S,1z[ �IG'77�,-j cJT fit�`IE.r
f
. Names and addresses of witnesses, doctors and hospitals.
-----------------------------------
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
511f
**************************************************************************
Govt. Code Sec. 910.2 provides :
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or by some person 'ori his behalf. "
Name and Address of Attorney
imant' s Signature
Addr ss
Ce� l SZ h
Telephone No. Telephone No. 8`3 7-—
567L-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
w;V.
BOARD ACTION
Claim Against the County, or District governed by)
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 7 , 1986
and Board Action. All Section references are to ) The copy of this document mailed to you is your
California Government Codes. ) notice of the action taken on your claim by the
Board of Supervisors (Paragraph IV below),
Amount: $950. 00 given pursuant to Government Code Sect id 9LBrAydCounsel
915.4. Please note all "WARNINGS".
CLAIMANT: PETER M. NICHOLLS ET AL SEP 16 1986
ATTORNEY: Martinez, CA 94553
ADDRESS: 6523 NE Oregon Street Date received
Portland, Oregon 97213 BY DELIVERY TO CLERK ON: September 12 , 1986
BY MAIL POSTMARKED: September 10, 1986
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL BATCHELOR, CLERK (y%
DATED: September 15, 1986 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: d - ���� ��o C^. By 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.
OCT 0 71986
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�3erved
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.
CC: Claimant County Counsel County Administrator
M ,
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 ) Reserved for C Prk ' s fild g stamps
IVEh
�a i"-w w ,AP Ins U ranC r� Cr,, RECE)
Against the COUNTY OF CONTRA COSTA) SEP /tg--
or DISTRICT) CLE ►c H1 0Tc ELEo1
z
(Fill in name) ) Tp .. .... epuly
ey ..
.
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ q 5Q , 0 p
and in support of this claim represents as follows :
---- -----j ------- ----- ----------------
----WRe-n-d-id_Ehe damage or injury occur? (Give exact date and hour)
2. Where did the damage or injury occur? (Include city and county) -
1-7 e kyr vFwa� C s /ou a✓e
E/ rrv'yo/�: f"�✓Iv7 Chi�4a Gor pctu-z
-- -_ - - _-------------------------------------------------------
3. - How_: di-d--the--damage or injury occur? (Give full details, use extra
::, .s4eets i_f_,reqVired)
------------------------------------------------------------------------
4 . What particular act or omission on the part of county or district
officers, servants or employees caused the injury or damage?
'gee Gz 11-aG l-w
(over)
5:' What are the names of county or district officers., servants-- or:
1 employees causing the damage or injury?
-- -----------------------
6. What damage or injuries do---you----cla-im---resulted?-------- (Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage)
C-C ell's
--------------------------------------------------------------------- ---
7. How was the amount claimed above computed? (Include the estimated
amount of any prospective injury or damage. )
5`{ -� vela/ri 1-7v Lt,� 74V 1171
--------`-----------------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
-------------------------------------------------------------------------
9 . List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
Q*1-717
�1�f1y12,2 �7;/l,C/J �Tib � � �-�E'ic� ����q�r P� GZ.� �.v`P ��l �vcl i �i�rvS l�✓�ate'1�
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 �i �
Claimant' s Signature
�5 z 5 Afg OX9t� s,-
Address
()/-. '77Zi3
Telephone No. Telephone No. (5113) Z3z <DGn
CLAIMS EXAMINER
NOTICE WPLO
NATIONWIDE Mun"N &AM '
Section 72 of the Penal Code provides: P.O.BOX 4114'
PORTLAND,OR V=
"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. "
,5
i
I
3. Here is a brief account of what happened. My wife and
I were visiting my sister who lives on E1 Toyonal in Orinda,
California. On the day we left to come back to Oregon, we
drove down E1 Toyonal. E1 Toyonal is a somewhat narrow
street and so we were driving near the middle of the road.
As we approached 163 E1 Toyonal , a car came from the other
direction. We were going slow to begin with and we slowed
down even more and moved over to allow it to pass. We did
not go off the road, we simply got over to the edge. It was
then that the tree struck our motorhome. The tree, which
hung out into the road, struck the top of the motorhome, then
it fell down and scraped along the side of the motorhome,
ripping off the sideview mirror in the process.
4. We feel this accident would not have happened if the
tree had not hung out into the road. It is clear that we
were not off the road. If we had been off the road and run
into the tree, then there would have been damage to the front
fender of our motorhome. Instead, all the damage is at the
top, and along the side where it scraped the motorhome as it
fell .
We should also like to point out that there were no
height or width restrictions on this road.
LCS: EXPENSE C_uUCTIBLE , yLOSS ExPENSE DEO��7 :._E
PAvtdE!:" PAYMENT RE MBtJRSEMEUT. PAti'tAENT YAYt,!E., nE't;5 S�EME^:'
44 1 45 47 44 1 4y47
,IMANT P N .{ CLAIMANT • l 72A- 975286
VERAGE .. .r -1U AMOUNT •� .j JQ 0.9 COVERAGE AMOUNT � �T
aIMANT CLAIMANT ADJUSTER — CLAIMANT• CLAIMANT
RTIAL FINAL NUMBER PARTIAL I FINAL_
,Y INLAND MARINE , Y INLANu MARINE
TYPE TYPE OF LOSS TYPE TYPE OF LOSS
LVAGE N OF LOSS SETTLEMENT LOCATION SALVAGE OF LOSS SETTLEMENT LOCATION _
Y
OUT OF INTENSIFIED OUT OF INTENSIF;ED
BROGATION DRIVE-INSTATE APPRAISAL- SUBROGATION DRIVE-IN APPRAISAL
IY TOTAL/ WORK REHAB �Y
. TOTAL/ WORK REHAB
iARGEABLE •1 PARTIAL LOSS WEEKS LOST INDICATOR CHARGEABLE t_ PARTIAL LOSS_ WEEKS LOS' INDICATOR
EXPENSE MISC. LOSS EXPENSE MISC.
:USE S ATTORNEY = CODE DATA CAUSE ____•__ ATTORNEY CODE DATA
:•VERAGE PARTIAL FINAL _ COVERAGE PARTIAL FINAL
'PIST AGENT TOTAL AMOUNT ;
.ITIALS NUMBER. rd •F ,��_._�_._ WITHHELD AN10UNT • � • �
TIN/SSN IRS NET AMOUNT
-AUTc 7500-1a-72 EIN PAY TYPE • «- - • A «
FOR RC I ST I PR POLICY ! CLAIM NUMBER LOSS DATE S CO NAtdE OF INSURED I POLICY NUMBEr_
CLAIM:
` C.
N i. Its
- ABOVE CHECK COVERS ITEMS INDICATED
G 2
171 -4
0-7 FULL PARTIAL ;
FULL PARTIAL PAYMENT PAYMENT
PAYMENT PAYMENT Federal Tax Withheld
No Identification Number
;: ✓ z - For our Vehicle
For.-Number Weexs/Days.
Les s.$ 1400 Ded. Lost Wages From
For Personal and/or Real Property _ To But Excluding
Less.$' Ded. For Services Rendered To:
For Medical/Hospital/SUrgical
Expense-'Less$ Ded Other
For Personal Injuries
Employee(W.C. only)
Return of Deductible
BODY
FOPM'RO-77T f2-811) SHOP
OUAN. PART NO. R DESCRIPTION PRICE } A.s•OLINGER
�'AGio AN7_ o -
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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 October 7, 1986
and Board Action. All Section references are.to ) The copy of this document mailed to you is your
California Government Codes. ) notice of the action taken on your claim by the
Board of Supervisors (Paragraph IV below),
Amount: $250 ,000. 00 given pursuant to Government Code Section 913 and
915.4. Please note all "WARNINGS". Count; Counsel
CLAIMANT: WESLEY DUANE BROWNING
c/o William C. Ulrich SEP 1 $ 1986
ATTORNEY: Attorney At Law Martinez, CA 94553
2400 Sycamore Drive, Suite 40
ADDRESS: Antioch, CA 94509 Date received
BY DELIVERY TO CLERK ON: September 12 , 1986 hand de
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.
PHIL BATCHELOR, CLERK
DATED: September 15, 1986 BY: Deputy • 5 �_�
L. Hal
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: eC, -c56-2j / �f� 4lc-�A--A-C_-)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
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.
OCT 0 71986
Dated: PHIL BATCHELOR, Clerk., By cr. Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months'from the date this notice was personally`3erved
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.
CC: Claimant County Counsel County Administrator
CLAIM AGAINST COUNTY
Claimant:
WESLEY DUANE BROWNING rJ4d V ED
c/o William C. Ulrich �(
Attorney at Law Too"
�v
2400 Sycamore Drive, Suite 40 cc �e
Antioch, California 94509
Telephone: (415) 757-2889 cps
beauty
VS.
COUNTY OF CONTRA COSTA
TO: THE COUNTY OF CONTRA COSTA:
You are hereby notified that WESLEY DUANE BROWNING claims damages from the
County of Contra Costa in the amount of $250,000.00
This Claim is based on the following facts:
On June 15, 1986, claimant was brought to the County Hospital Emergency Room,
having suffered obvious head injuries in an automobile accident. Medical
personnel at the hospital, including, but not limited to, Dr. Embree, were
negligent in failing to ascertain that claimant had suffered a severe
concussion, severe brain injury, and was, in fact, bleeding internally, from
the brain. Thereafter, county medical personnel negligently released claimant
to the Martinez Police Department for transportation to the Contra Costa
County Jail.
On said same date, county personnel, being personnel at the Contra Costa
County Jail, names unknown to claimant at 'this time, were negligent in failing
to adequately supervise and observe the medical condition of claimant, and in
failing to follow instructions provided by medical personnel at the Contra
Cost County Jail. Said Jail personnel, being county employees, were further
negligent in failing to provide medical care, obviously necessary considering
the condition of claimant and his continued requests for medical attention.
The names of the responsible person causing injury, damage or loss are:
1. Dr. Embree, and other personnel employed at the County Hospital,
names unknown to claimant at this time.
2. Contra Costa County Sheriffs Deputies, on duty at the Contra Costa
County Jail, names unknown to claimant at this time.
All notices or other communications with regard to this claim should be sent
to the claimant care of his attorney, William C. Ulrich, 2400 Sycamore Drive,
Suite 40, Antioch, California 94509.
DATED: .2—a— a
WILLIAM C. ULRICH
Attorney for Wesley Duane Browning
RIF
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA EX—Officio as the
Governing Board of the Consolidated Fire District BOARD ACTION
Claim Against the County, or District governed by)
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 7 , 1986
and Board Action. All Section references are to ) The copy of this document mailed to you is your
California Government Codes. ) notice of the action taken on your claim by the
Board of Supervisors (Paragraph IV below),
Amount: Undetermined- given pursuant to Government Code Section 913 and
G^ 915.4. Please note all "WARNINGS"
County Counsel
CLAIMANT: MACY' S CALIFORNIA #286291
c/o Daniel M. Crawford, Esq. S[-.p 1.6 1986
ATTORNEY: Carroll , Burdick & McDonough
One Ecker Bldg. , Suite 400 Martinez, CA 04553
ADDRESS: San Francisco, CA 94105 Date received
BY DELIVERY TO CLERK ON: September 12 , 1986
BY MAIL POSTMARKED: September 11 , 1936
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL BATCHELOR, CLERK
DATED: September 15 , 1986 BY: Deputy
L. Hall
H. FROM County Counsel TO: Clerk of the Board of Supe visors
x) Tis claim complie stantai ly_with �5tji?ns� 910 and 10. ✓�� �is claim FAILS c�y substanti ith Section? 910 and 910.2, an we are,��s��} n0' ifyin
claimant. T e Board can of ac r. 15 days (Secti n 910.8) n C ��Z
is no time y filed. The Clerk s1iVu1 0return claim ccd ground that it was filed late and send
t�
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: 44,:LAa-, By: i,cZ: C4. LQ� Deputy County Counsel
1II. 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:
1 certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
OCT 0 71986
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`terved
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.
CC: Claimant County Counsel County Administrator
„ChBLI� T0: BOARD OF SUPERVISORS OF CONTRA AWRYapplication to:
N,, Instructions to ClaimantC!erk of the Board
AW
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
, of form.
RE: Claim by )Reserved ski tamps
Macy 's California ��PCEI��I�
) 1 �/
Against the COUNTY OF CONTRA COSTA) AFP X19$5
) p ElA El0
Fi In nRE L�ST
ame DISTRICT) Ct RK cN RO oAs
Or CONSOLIDATED F
By
sputy
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]
December 23 , 1985 , at approximately 8 :30 p.m. Macy 's was served
with a lawsuit by plaintiff Widick on July 21, 1986 , and Macy' s cause
ofa_ction_for _indejwyjt„�, � ,ah �+
17
Rhere aid 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 the names of county or district officers, servants ort
employees causing the damage or injury?
Unknown at this time
6. What damage or injuries 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? (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.
am
-------------------------------------------------------------------------
8. Nes 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* Concora 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,some erson o ehalf. "
Name and Address of Attorney
Daniel M. Crawford, Esq. Claimant , i.g re
Carroll , Burdick & McDonough for: Macy s .Cal .o i
One Ecker Bldg. , Suite 400 Addr
San Francisco, CA 94105 P. 0. Box e1
495-0500 San Francisc A 94120
415
Telephone No. / Telephone No. 415/954-6014
Attn: William H. King, Vice Pres .
�*�*t***�trr*�*�*�*�r***t*tr#*it***it*t*,t��**� ►*�*****��,tt,r**�*nor*: ��**��w**�r,t
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 Robert
Widick. Mr. Widick is claiming damages set forth in his
complaint filed on May 15 , 1986 , a copy of which is attached
hereto as Exhibit A.
6 . Plaintiff seeks general damages within the jurisdiction
of this court, 'medical expenses , past, present and future, wage
loss, past, present and future, loss of earning capacity, costs
of suit, prejudgment interest, such other and further relief
as is just, and punitive and exemplary damages. See Exhibit A.
Macy' s claim is for complete and/or partial indemnity of any
recovery against Macy 's by Mr. Widick and other parties claiming
damages due to the aircrash. The accident out of which the
claim arose occurred on December 23 , 1985 . The cause of action
for indemnity arose on July 21, 1986, when Macy' s was served
with the lawsuit filed by Mr. Widick.
1 MARVIN K. LEWIS, ESQ.
(SPACE BELOW FOR FILING STAMP ONLY)
2
LEWIS & LEWIS LL L
3 ATTORNEYS AT LAW j
PENTHOUSE-AMERICAN SAVINGS BUILDING
4 690 MARKET STREET
SAN FRANCISCO,CALIFORNIA 94104
5 (415)421.7616l.F 0!�JJ +, CC;;ri`I C1?r!t
Plaintiffs
6 ATTORNEYS FOR Ey
S.C0 D-0\iA. DepL.ty
7
8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF CONTRA COSTA
IO
I1
ROBERT WIDICK,
12 Plaintiff NO.
13 vs .
COMPLAINT FOR DAMAGES
14 ESTATE OF JAMES MOUNTAIN FOR NEGLIGENCE; PRODUCTS
GRAHAM, THE BEECHCRAFT LIABILITY/STRICT LIABILITY;
15 AIRCRAFT COMPANY, THE SUN PUNITIVE DAMAGES
VALLEY SHOPPING CENTER aka
16 THE SUN VALLEY SHOPPING MALL;
R. H. MACY, INC. , GENERAL
AVIATION SERVICES, THE ROE
17 DOE ARCHITECTURE COMPANY, THE,
18 DOE DOE CIVIL ENGINEERING COMPANY,
THE TAUBMAN COMPANY, INC. , WELLS
19 FARGO BANK, as Trustee of the
TAUBMAN COMPANY, INC. , JAMES
20 MAGEEAN., ARK DISTRIBUTING COMPANY,
INC. , a California Corporation,
BEECHCRAFT WEST, a California
21 corporation, CITY OF CONCORD,
COUNTY OF CONTRA COSTA, THE A ,
22 DOE AIRCRAFT REPAIR SERVICE and
23 DOES 1 through 500, inclusive,
24 Defendants.
/
25
26 //
1
COMES NOW plaintiff ROBERT WIDICK and for causes of
2
action against defendants, and each of them, alleges as
3
follows:
4
5 FIRST CAUSE OF ACTION
( For Negligence Against All Defendants)
6 1 . That the true names or capacities, whether
7
individual , associate , corporate or otherwise, of defendants
8
DOES 1 through 500 , inclusive , and each of them, are unknown
9
to plaintiff , who therefore sues defendants by such fictitious
10
names . Plaintiff is informed and believes and thereon alleges
a 11
<
thateachof the defendants designated herein as a DOE is
< HH responsible in some actionable manner for the events -and
13
3 < ig z happenings herein referred to, and caused injuries and damages
u < „ 5� < 14
Z� z proximately thereby to plaintiff as hereby alleged.
U 15
2 . At all times herein mentioned each of the defendants
16
named herein, including , without limitation each DOE defendant,
17
was the agent, servant, employee or otherwise acting in concert
18 of each of the remaining defendants and was .at all times acting
19
within the purpose _and scope of said agency, service and em-
20
ployment , or acting in concert to bring about the damages
21
alleged herein.
22 3 . Defendant , CITY OF CONCORD is a municipality located
23
in the State of California.
24
4 . Defendant , CITY OF CONCORD is a public entity and
75
at all times herein mentioned negligently, carelessly, wantonly
26
-2-
. 1 and recklessly allowed, permitted and ratified the building of
2 the Sun Valley Mall in close proximity to Buchanan Field Airport,
3 and allowed, permitted and ratified the implacement of inadequate
4 and outdated landing and directional navigation systems, and
5 further, other actions which caused and contributed to the
6 injury of the plaintiff herein.
7 5. Plaintiff has filed the necessary claims pursuant
8 to the relevant code section against defendant CITY OF CONCORD.
9 Plaintiff' s claim was filed on March 31, 1986. The claim
10 was denied on March 31 , 1986. A copy of the claim is
11 attached hereto and marked as Exhibit A.
12 6. Defendant, COUNTY OF CONTRA COSTA is a public entity
13 located in the State of California.
14 7. Defendant, COUNTY OF CONTRA COSTA is a public entity
15 sued herein, and at all times herein mentioned negligently,
16 carelessly, wantonly and recklessly allowed, permitted and
17 ratified the building of the Sun Valley Mali in close proximity
18 to Buchanan Field Airport, and further negligently, carelessly,
19 wantonly and recklessly allowed, permitted and ratified the
20 implacement. of inadequate and outdated landing and directional
21 navigation systems.
22 8. Plaintiff herein has filed the necessary claims
23 pursuant to the relevant code section against the defendant
24 COUNTY OF CONTRA COSTA. Plaintiff filed his claim against
25 defendant COUNTY OF CONTRA COSTA on March 31, 1986.
26
-3-
I Plaintiff' s claim was denied on April 29, 1986. A copy of
2 the claim is attached hereto and marked as Exhibit B.
3 9. That at all times herein mentioned, defendants SUN
4 VALLEY SHOPPING CENTER and each of them, are located at the
5 number 1 Sun Valley Mall in the City of Concord, State of
6 California. Said defendants are being sued as a result of
7 negligently, carelessly, wantonly and recklessly placing a
8 shopping 'center that attracts, a great number of people on a
9 heavily trafficked air corridor in the vicinity of the Buchanan
10 Field Airport.
11 10. At all times herein mentioned, the WELLS FARGO BANK,
12 Trustee for the TAUBMAN COMPANY, INC. , and its predecessors
13 in interest, the TAUBMAN COMPANY, INC, a Michigan corporation,
14 and Does 1 through 20, were corporations or other entities doing
15 business in the State of California for the purpose of owning,
16 Placing, managing and maintaining defendants SUN VALLEY MALL
17 AND SHOPPING CENTER. Said defendants are doing business in the
18 State of California and maintain more than minimal contacts.
19 Said defendants are hereby being sued as a result of their
20 negligent, careless, wanton and reckless behavior of placing
21 and maintaining a shopping center in the area of a busy air
22 corridor in the vicinity of the Buchanan Field Airport. Said
23 defendants knew, or should have known, that during a fog,
24 aircraft would make a missed approach and fly over their mall
25 in a very vulnerable position therefore causing a risk of
26 disaster and destruction.
-4-
1 11. R. H. MACY, INC. , and DOES 100 through 300, inclusive,
2 were at all times relevant business entities luring customers
3 into the mail while knowing that their location was dangerous
4 due to the close proximity to Buchanan Field Airport and knowing
5 the likelihood of an air crash from planes using Buchanan
6 Field Airport.
7 12. That at all times herein mentioned, decedent JAMES
8 MOUNTAIN GRAHAM and defendants GENERAL AVIATION SERVICES, ARK
9 DISTRIBUTING COMPANY, a California corporation, JAMES MAGEAN, and
10 DOES 23 through 40 and each of them, were the owners and opera-
11 tors of defendants' BEECHCRAFT BARON AIRCRAFT. Said defendants,
12 and each of them, are hereby being sued as a result of negli- '
13 gently, carelessly, recklessly and wantonly operating, main-
14 taining, controlling, aviating and navigating said aircraft so
15 as to proximately cause the crash in defendants shopping mall
16 thereby seriously injuring the plaintiffs.
17 13. That at all times herein mentioned, defendants
18 BEECHCRAFT AIRCRAFT COMPANY, BEECHCRAFT WEST, a California
19 corporation, and DOES 41 through 60, inclusive, negligently,
20 carelessly, recklessly and wantonly designed, assembled, manu-
21 factured and distributed said aircraft so that said aircraft
22 could not be properly controlled by defendants JAMES MOUNTAIN
23 GRAHAM, and each of them, so as to proximately cause said
24 aircraft to crash into said defendants' mall.
25 14. On or about December 23, 1985, defendants and
26 decedent, JAMES MOUNTAIN GRAHAM, so negligently, carelessly,
-5-
I wantonly and recklessly maintained and controlled and repaired
2 said aircraft so as to proximately cause said aircraft to crash
3 in the mail thereby proximately causing the plaintiff to
4 suffer severe personal injuries.
5 15. That at all times herein mentioned, GENERAL AVIATION
6 SERVICES, DOE AIRCRAFT REPAIR SERVICE, ARK DISTRIBUTING COMPANY,
7 INC. , JAMES MAGEAN and DOES 23 through 40, inclusive, so negli-
8 gently, carelessly, wantonly and recklessly maintained and
9 repaired said aircraft so as to render said aircraft inoperable
10 proximately causing said aircraft to crash in the shopping
11 mall.
12
16. That at all times he rein mentioned, defendants
13 DOE CIVIL ENGINEERING COMPANY and DOE ARCHITECTURAL COMPANY
14 and DOES 61 through 80, located said mail and gave advice to
15 locate said mall under the main corridor of air traffic from
16 Buchanan Field Airport. As a direct and proximate result of
17 placing large numbers of the public and enticing them to go to
18 a shopping center, large numbers of the public were placed in a
19 very dangerous position. Said placement of said shopping
20 center under the air corridor of a busy airport was negligently,
21 carelessly, wantonly and recklessly promoted by said defendants,
22 and each of them.
23 17. As a further, proximate result of the negligence
24 of defendants, and each of them, plaintiff suffered a loss of
25 earnings and earning capacity which has been greatly impaired,
26 both in the past, present and future, in an amount according to
-6-
I p roof.
2 18. As a further, proximate result of the negligence
3 of defendants, and each of them, plaintiff' has incurred and
4 will continue to incur, medical and related expenses in an
5 amount according to proof.
6 19. As a proximate result of the negligence of defendants,
7 and each of them, plaintiff was hurt and injured in his
g health, strength, and activity, sustaining injury to his
9 nervous systems and person, all of which injuries have caused,
10 and continue to cause, plaintiff great mental, physical and
11 nervous pain and suffering. Plaintiff is informed and believes
12 and thereon alleges that such injuries will result in some
13 permanent disability. As a result of such injuries, plaintiff
14 has suffered general damages in an amount according to proof.
15 SECOND CAUSE OF ACTION
(For Products Liability/Strict Liability
16 In Tort Against Defendants BEECHCRAFT AIRCRAFT COMPANY,
BEECHCRAFT WEST, ARK DISTRIBUTING COMPANY, INC. , JAMES
17 MAGEEAN and DOES 24 through 40, 42 through 61 , inclusive,
18 20. Plaintiff realleges paragraphs 1 through 18 as
19 though fully set forth herein.
20 21. Said aircraft was defectively designed, manufactured
21 and assembled proximately causing said aircraft to crash into
22 said mall.
23 22. That at all times herein mentioned, said defendants
24 BEECHCRAFT BARON AIRCRAFT was designed, manufactured, and
25 assembled and distributed for .the purpose of flying in the air
26 and safely transporting persons and property in a safe manner
-7-
I so that said aircraft would not crash as a result of any of
2 parts or components .
3 23. That as a direct and proximate result of the defective
4 manufacture, assembly and design and the distribution of said
5 BEECHCRAFT BARON AIRCRAFT involved in said accident, said
6 aircraft did crash proximately causing severe personal injuries
7 to the plaintiff who was a pedestrian and shopper in defendants'
g mall.
9 THIRD 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
24. Plaintiff realleges paragraphs 1 through 20 of the
13
First and Second Causes of Action as though fully set forth
14
herein.
15 i
25. Plaintiff alleges a cause of action for punitive
16 . �
damages and exemplary damages in the sum of ONE MILLION
17
DOLLARS on facts alleged in this complaint.
18 26 . That at all times herein mentioned, Buchanan Field Airpor
19 is an airport which purchased its land in 1942 and started
20
operations in 1946 . During heavy fog, when the airport lights
21 cannot be seer "missed approaches"pp roaches are common and at such times
22 airplane pilots are flying by instruments . The stress level of
23 pilots during such maneuvers of aviating, navigating and com-
24
municating to the tower is extremely high. The probability of
25 a crash of a circling plane during these times are statistically
26
-8-
I much higher than normal. All property within a one mile radius
2 of an airport is in a forseeably dangerous position. Defendants,
3 and each of them, knew of said danger but in conscious disregard
4 of the danger that potential customers and users of said mall
5 might undergo they selected said site for said shopping mall
6 because of the inexpensive land that can be purchased in the
7 vicinity of airports. Members of the general public who are
8 not as sophisticated as architects, engineers and shopping
9 center developers would not know of this foreseeable danger and
10 would shop at said mall feeling perfectly safe.
11 27. . As a direct and proximate result of said conscious
- -12 disregard of the safety and life of the potential users -of the ... -
13 mail, said mall was located in said dangerous location thereby
14 attracting thousands of potential shoppers and placing them in
15 a very precarious position.
16 28• As a direct and proximate result of said conscious
17 disregard of the rights and safety of potential shoppers and
18 users of the mall, the plaintiff was attracted to said mall
19 on a foggy night, thereby placing them in extreme danger of an
20 airplane crash which did occur proximately causing severe
21 personal injuries to the plaintiff.
22 29. Defendants knew that by placing said shopping center
23 in a radius within one mile of an airport that a crash was
24 inevitable and that said crash had a high likelihood of occurring
25 on their mall.
26
-9-
1 WHEREFORE, plaintiff prays for the relief as follows
against defendants, and each of them, for plaintiff's first
3 and second Causes of Action:
4
1 . For general damages within the jurisdiction of this
5
court;
6
2. For medical expenses, past, present and future;
7
3 . For wage loss, past, present and future;
8
4. For loss of earning capacity;
9
5. For costs of suit;
10
6. For prejudgment interest; and
11 -
7. For such other and further relief as is just.
12
13 Plaintiff prays for relief as follows on the Third Cause
14 of Action against said defendants named therein:
15 1. For general damages ,within the jurisdiction of this
16 court;
17 2. For medical expenses, past, present and future;
18 3. For wage loss, past; present and future;
19 4 . For loss of earning capacity;
20 5. For costs of suit;
21 6. For prejudgment interest;
22
23
24 111
25
26
—10—
1 7. For such other and further relief as is dust; and
2 8 . For punitive and exemplary damages in the amount of
3 $1,000,000-00-
4
Dated: May_ , 1986
S
LEWIS & LEWIS
7 B
yMARVIN K. LEWIS
8 Attorney for Plaintiffs
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
-11-
�-1 �1
City or Concord U
PHONE: (415) 671• 3078 CITY COUNCIL
Ronald K.Mullin,Mayor
Colleen Coll,Vice Mayor
March 31 1986 June V. n
� Diane Longshgshore
Stephen L.Weir
Farrel A.Stewart,City Manag,vi
Robert Widick
Marvin K. Lewis , Esq .
Lewis & Lewis
690 Market Street , Penthouse
San Francisco , California 94104
Dear Mr . Widick :
Pursuant to the authority vested in me by the City Council ,
you are hereby notified that the claim you presented to the
City of Concord dated March 31 , 1986 pertaining to an
incident occurring on December 23 , 1985 in the amount of
$40 , 000 . 00 is hereby rejected in its entirety.
WARNING
Subject to certain exceptions , you have only six ( 6 ) months
from date this notice was personally delivered or deposited
in the mail to file a court action on this claim. See
Government Code Section 945 . 6 . -
You may seek the advice of an attorney of your choice in
connection with this matter . If" you desire to consult an
attorney , you should do so immediately .
Yours very truly ,
EVERETT R, CLIFT
Acting Finance Director
ERC : ac
cc : City Attorney
CCCMRMIA
APR 2 - 1986
d PLAINTIFF'S
3 EXHIBIT
CONCORD CIVIC CENTER 1950 PARKSIDE DRIVE CONCORD CALIFORNIA 94519
•� ,SAY 1 _—"_--ebu., 'sen
' AIWENDED
L — APR 10 1986 1 . 2
CUA artinez
BOARD cF S08ffi mwR.S OP 1R OwTA C m'ff. ,CA 94555
Claim Against the County, w District ) yMCE To CLAD91Pf April 29, 1986
governed by the Board of Supervisors, ) The copy a document SM94 tO you is 7aa'
Routing Endorsements, and Bogard ) notice of the action tai:en an your claim by the
Action. All Section referenoes are ) Board of Supervisors (Paragraph I99 below),
to California Government Codes ) given pursuant to Goverwent Code Socticn 913
and 915.4. ?lease note all Warnings'.
Claimant: Robert Widick
Attorneys Marvin K. Lewis
Lewis & Lewis
Addr�a: 690 Yarket St. , Penthouse Rand delivered
San Francisco, CA 94104 April 10, 1986 "
Amounts $40,000.00 + By delivery to clerk On
Date Received: April 10, 1986 By mail, postmarked on
1. : Clerk of the Board of Supervisors 70: County Counsel
Attached is a copy of the above-noted claim.
Dated:April 10, 1986 PHIL BATCHELOR, Clerk, By \" J� �puty
.. _ _ _ . . �•fi-Knowles
II. : County Counsel 70: Clerk of Su sora
_ (Check only one)
(}0 This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are
so notifying claimant. The Board cannot act for 15 days (Section 910.8).
(' ) Claim is not timely filed.. Clerk should return claim on ground that it was filed
late and send warning of claimant's right to apply for leave to present a late
claim (Section 911.3).
( ) Other:
Dated: 7Z.0t 14, /moi By: ,/ c c r c C C4.a_o_i Deputy County Counsel
III. FROM: Clerk of the Board TO: (1) Coity Counsel, (2) County Administrator
( ) Claim was returned is untimely with notice to claimant (Section 911.3).
V. BC;.P,a C W'ER By unanimous vote of Supervisors present aPILAINTIFF'$
RS 0.M 6n,C C� g EXHIBIT
_ _. ... (X) .This claimAis rejected in full. $
( ) Others a Rn
� ry
I certify that this is a true and correct oopy of tte Board's Order en in its
minutes for this date.
Dated: moo iaQr, PHIL BATCHMOR, Clerk, By , Deputy Clerk
WARHIM (Gov. Code Seaborn 913)
Subject to certain exceptions, you have only six (6) months frm the data of this
notice was personally served or deposited in the sail to file a oourt action on this
claim. See Government Code Section 945.6.
You may seek the advioe of an attorney Of your choice t:i oonnection with this
mattar. If you want to consult an attorney, you should do so immediately.
�lACY'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
ni.i.L 1 NALL (.RASE{
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 .
s
Thompson, Heather
Tillmany, Fh'U
Trice, Jarrod
Trice, Susan
Wagner, Timothy
Wells, Allan
White, Carolyn
Widdrick, Robert
Wilson, Michael
Wood, Timothy
Woodson, Matthew
�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
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Ex=Officio as the
Governing Board of the Consolidated Fire District BOARD ACTION
�ICiaim Against the County, or District governed by)
the Board of Supervisors', Routing Endorsements, ) NOTICE TO CLAIMANT October 1986
`hand Board Action. All Section references are to ) The copy of this document mailed to you is your
*'California Government Codes. ) notice of the action taken�on your claim by the
Board of Supervisors (Paragraph IV below),
Amount: Undetermined given pursuant to Government Code Section 913 and
915.4. Please note all "WARNINGS"•
County Counsel
CLAIMANT: MACY' S CALIFORNIA #280774 SEP 1 �' �g86
c/o Daniel M. Crawford, Esq.
ATTORNEY: Carroll, Burdick, & McDonough Martinez, CA
One Ecker Bldg. , Suite 400
ADDRESS: San Francisco, CA 94105 Date received
BY DELIVERY TO CLERK ON: September 12 , 1986
BY MAIL POSTMARKED: September 11 , 1986
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL BATCHELOR, CLERK
DATED: September 15, 1986 BY: Deputy
T. Ila 11
II. FROM: County Counsel TO: Clerk of the Board of Sup lrvisors D
(>O T is cAl complies 5ub tantia ly With ections 10 nd 910.2.
(�) is claim FAILS o y s bstan ial witi� Sections 910 a d 91 2,,an, we are s notifying
claimant, VmB,oard cannot .ac fAr 15 days.(Sectio 91��/�� ���lJ��
fit,. " �.. 7�1Jt; ! C'��GG� � !�
( )
aim is ne y i ed. The Clerk shoulda urn 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: ` kd By: `� -�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
(x) This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order enter d in its minutes for this date.
Dated: OCT 0 7 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.
CC: Claimant County Counsel County Administrator'
.CLAIX TOS: BOARD OF SUPERVISORS OF CONTRA COAT rRWYapplication to:
Instructions to ClaimantC!erkof the Board
&to P, Alio 6
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
of this form.
RE: Claim by )Reserved for Clerk's filing stamps
Macy's California )
RECEIVED
Against the COUNTY OF CONTRA COSTA) CFC �Z198G
or CONSOLIDATED FIRE DISTRICT DISTRICT) P BATC LOR
ARD F UPPE V RS
(Fill 1n name ) c` o c
sr ... Deputy
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:
1 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 plaintiffs Lodge on July 21, 1986 , and Macy' s cause
of action for _indLlt.�L. R,SPTQn that ___________- -__
�:--i+lhe=e 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 o ------------ -----�--
n 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—
em'loye6s
riem'loye6s causing the damage or injury?
Unknown at this time
6. what damage or injuries 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? (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_=Zaimant
SEND NOTICES TO: (Attorney) or by -99rqeeperSeVo ' s be alf. "
Name and Address. of Attorney
Daniel M. Crawford, Esq. ClaimantSig a e
Carroll, Burdick & McDonough for : Macy 's Cal folni
One Ecker Bldg: , Suite 400 P. O. B drysox 8
San Francisco, CA 94105
San Francis
Tele hone No. 415/495-0500 o, 94120
Telephone Telephone N 9 4-6014
Attn : Willi H. King, Vice Pres .
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 who were Gary Lodge,
Cindy Lodge , Christina Lodge and Julie Lodge . The Lodges
are claiming damages set forth in their complaint filed on
May 23 , 1986 , a copy of which is ! attached hereto as Exhibit A.
6 . Plaintiffs seek general damages within the jurisdiction
of this court, medical expenses , past, present and future, wage
loss, past, present and future, loss of earning capacity, costs
of suit, prejudgment interest, such other and further relief
as is just, and punitive and exemplary damages . See Exhibit A .
Macy's claim is for complete and/or partial indemnity of any
recovery against Macy' s by the Lodges and other parties claiming
damages due to the aircrash. The accident out of which the
claim arose occurred on December 23 , 1985 . The cause of action
for indemnity arose on July 21, 1986 , when Macy 's was served
with the lawsuit filed by the Lodges .
1 MARVIN K. LEWIS, ESQ.
(SPACE BELOW FOR FILING STAMP ONLY)
2
3 LEWIS & LEWIS j?
ATTORNEYS AT LAW
4 PENTHOUSE-AMERICAN SAVINGS BUILDING
690 MARKET STREET
SAN FRANCISCO CALIFORNIA 94104
5 I4Is14PiTintif f s
ATTORNEYS FOR -,� COS? 1 C��''.i Ff
v
8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA
10 GARY LODGE, CINDY LODGE.,
11 CHRISTINA LODGE, a minor by and
through her guardian ad NO. 280 774
litem, CINDY LODGE, JULIE - - -
12 LODGE, a minor, by and PLAINTIFF'S FIRST AMENDED
through her guardian ad COMPLAINT FOR DAMAGES
13 !item, CINDY LODGE, FOR NEGLIGENCE; PRODUCTS
14LIABILITY/STRICT LIABILITY
Plaintiffs, IN TORT; PUNITIVE DAMAGES;
15and LOSS OF CONSORTIUM
VS.
16 ESTATE OF JAMES MOUNTAIN
GRAHAM, THE BEECHCRAFT
17 AIRCRAFT COMPANY, THE SUN
18 VALLEY SHOPPING CENTER aka
THE SUN VALLEY SHOPPING MALL,
R. H. MACY, INC. , GENERAL
19 AVIATION SERVICES, THE ROE
DOE ARCHITECTURE COMPANY, THE
70 DOE DOE CIVIL ENGINEERINGOMPANY,
THE TAUBMAN COMPANY, INC. WELLS -
21 FARGO BANK, as Trustee of the
TAUBMAN COMPANY, INC. ,/JAMES
�'- MAGEEAN, ARK DISTRIBUTING COMPANY,
INC. , a California Corporation,
23 BEECHCRAFT WEST, a California
24 corporation, CITY OF CONCORD,
COUNTY OF CONTRA COSTA, THE A
DOE AIRCRAFT REPAIR SERVICE and
-'5 ( DOES 1 through 500, inclusive,
26 '
Defendants .
Ex:,A
I COMES NOW plaintiffs, and each of them, and for causes
2 of action against defendants;, and each of them, alleges as
3 follows :
4 1. That CHRISTINA LODGE and JULIE LODGE are the minor
5 children of GARY LODGE and CINDY LODGE as hereinafter set
6 forth.
7 2. Plaintiff CHRISTINA LODGE is a minor born on July 1,
8 1982.
9 3. ' Plaintiff JULIE LODGE is a minor born on December 27 ,
10 1984.
c 11 4. That petitions for guardian ad litem are filed herewith
Cna
3 12 appointing CINDY LODGE as guardian ad litem for CHRISTINA LODGE
J13 and JULIE LODGE.
u ul1 14 5 . Plaintiff GARY LODGE and CINDY LODGE, and all other
U.Z
z 15 plaintiffs herein, were injured on December 23, 1985 at the
d
16 Sun Valley Mall as hereinafter set forth.
17
FIRST CAUSE OF ACTION
18 . .(For Negligence Against All Defendants)
19 6• That the true names or capacities, whether
20 individual, associate, corporate or otherwise, of defendants
21 DOES 1 through 500, inclusive, and each of them, are unknown
22 to plaintiffs, who therefore sue defendants by such fictitious
23 names . Plaintiffs are informed and believe and thereon allege
24 that each of the defendants designated herein as a DOE is
25 responsible in some actionable manner for the events and
26 happenings herein referred to, and caused injuries and damages
-2-
I proximately thereby to plaintiffs as hereby alleged.
2 7 . At all times herein mentioned each of the defendants
3 named herein, including, without limitation each DOE defendant,
4 was the agent, servant, employee or otherwise acting in concert
S of each of the remaining defendants and was at all times acting
6 within the purpose and scope of said agency, service and em-
7 ployment, or acting in concert to bring about the damages
8 alleged herein.
9 8. Defendant, CITY OF CONCORD is a municipality located
10 in the State of California.
11 9. Defendant, CITY OF CONCORD is a public entity and
12 at all times herein mentioned negligently, carelessly, -wantonly
13 and recklessly allowed, permitted and ratified the building of
14 the Sun Valley Mall in close proximity to Buchanan Field Airport,
15 and allowed, permitted and ratified the implacement of inadequate
16 and outdated landing and directional navigation systems, and
17 other actions which caused and contributed to the injury of the
18 plaintiffs herein.
19 10. Plaintiffs have filed the necessary claims pursuant
20 to the relevant code section against defendant CITY OF CONCORD.
21 The claim of Cindy Lodge, Gary Lodge, Christina Lodge, a minor by
22 and through her parent Cindy Lodge, and Julie Lodge, a minor by
23 and through her parent Cindy Lodge were filed on January 30,
24 1986 . These claims were denied on March 31, 1986. Copies of
25
each are attached hereto and marked as Exhibits "A", "B", "C"
26 and «D".
-3-
1 11. Defendant, COUNTY OF CONTRA COSTA is a public entity
2 located in the State of California.
3 12. Defendant, COUNTY OF CONTRA COSTA is a public entity
4 sued herein, and at all times herein mentioned negligently,
5 carelessly, wantonly and recklessly allowed, permitted and
6 ratified the building of the Sun Valley Mall in close proximity
7 to Buchanan Field Airport, and further negligently, carelessly,
8 wantonly and recklessly allowed, permitted and ratified the
9 implacement of inadequate and outdated landing and directional
10 navigation systems.
11 13 . Plaintiff herein have filed the necessary claims
12 pursuant to the relevant code sec-tion against . the .defendant...,:.: .
13 COUNTY OF CONTRA COSTA. The claim of Cindy Lodge, Gary Lodge,
14 Christina Lodge, a minor by and through her parent Cindy Lodge,
15 and Julie Lodge, a minor by and through her parent Cindy Lodge
16 were filed on January 29 , 1986. These claims were denied on
17 February 25, 1986. Copies of each are attached hereto and marked
18 as Exhibits "E" , "F" , "G" and "H".
19 14. That at all times herein mentioned, defendants SUN
20 VALLEY SHOPPING -CENTER and each of them, are located at the
21 number 1 Sun Valley Mall in the City of Concord, State of
22 California. Said defendants are being sued as a result of
23 negligently, carelessly, wantonly and recklessly placing a
24 shopping center that attracts a great number of people on a
25 heavily trafficked air corridor in the vicinity of the Buchanan
26 Field Airport.
—4—
f
1 15. At all times herein mentioned, the WELLS FARGO BANK,
2 Trustee for the TAUBMAN COMPANY, INC. , and its predecessors
3 in interest, the TAUBMAN COMPANY, INC, a Michigan corporation,
4 and Does 1 through 20, were corporations or other entities doing
5 business in the State of California for the purpose of owning,
6 placing, managing and maintaining defendants SUN VALLEY MALL
7 AND SHOPPING CENTER. Said defendants are doing business in the
8 State of California and maintain more than minimal contacts.
9 Said defendants are hereby being sued as a result of their
10 negligent, careless, wanton and reckless behavior of placing
L 11 and maintaining a shopping center in the area of a busy air
a
x <
3 < icorridor in the vicinity of the Buchanan Field Airport. Said
Lc7 F < ?' x _o
< N N 5 G
} Z
Z x 13 defendants knew, or should have known, that during a fog,
<
W < s 14 aircraft would make a missed approach and fly over their mall
Z
y 15 in a very vulnerable position therefore causing a risk of
a
16 disaster and destruction.
17 16. R. H. MACY, INC. , and DOES 100 through 300, inclusive,
18 were at all times relevant business entities luring customers
19 into the mall while knowing that their location was dangerous
20 due to the close proximity to Buchanan Field Airport and knowing
21 the likelihood of an air crash from planes using Buchanan
22 Field Airport.
23 17. That at all times herein mentioned, decedent JAMES
24 MOUNTAIN GRAHAM and defendants GENERAL AVIATION SERVICES, ARK
25 DISTRIBUTING COMPANY, a California corporation, JAMES MAGEAN, and
26 DOES 23 through 40 and each of them, were the owners and opera-
-5-
I tors of defendants' BEECHCRAFT BARON AIRCRAFT. Said defendants,
2 and each of them, are hereby being sued as a result of negli-
3 gently, carelessly, recklessly and wantonly operating, main-
4 taining, controlling, aviating and navigating said aircraft so
5 as to proximately cause the crash in defendants shopping mall
6 1
thereby seriously injuring the plaintiffs.
7 18. That at all times herein mentioned, defendants
g BEECHCRAFT AIRCRAFT COMPANY, BEECHCRAFT WEST, a California
9 corporation, and DOES 41 through 60, inclusive, negligently,
10 carelessly, recklessly and wantonly designed, assembled, manu-
factured
anu-factured and distributed said aircraft so that said aircraft
could not 'be properly -controlled by defendants JAMES MOUNTAIN
Jtz1.
V Z F- <
1 � ` � 13 GRAHAM, and each of them, so as to proximately cause said
<
z < 14 aircraft to crash into said defendants' mall.
z
Z H 15 19. On or about December 23, 1985, defendants and
a
16 decedent, JAMES MOUNTAIN GRAHAM, so negligently, carelessly,
17 wantonly and recklessly maintained and controlled- and repaired
18 said aircraft so as to proximately cause said aircraft to crash
191 in the mail thereby proximately causing the plaintiffs to
20 suffer severe personal injuries.
21 20. That at all times herein mentioned, GENERAL AVIATION
22 SERVICES, DOE AIRCRAFT REPAIR SERVICE, ARK DISTRIBUTING COMPANY,
23 INC. , JAMES MAGEAN and DOES 23 through 40, inclusive, so negli-
24 gently, carelessly, wantonly and recklessly maintained and
25 repaired said aircraft so as to render said aircraft inoperable
26 proximately causing said aircraft to crash in the shopping
-6-
I mall.
2 21 . That at all times herein mentioned, defendants
3 DOE CIVIL ENGINEERING COMPANY and DOE ARCHITECTURAL COMPANY
4 and DOES 61 through 80, located said mall and gave advice to
5 locate said mall under the main corridor of air traffic from
6 Buchanan Field Airport. As a direct and proximate result of
7 placing large numbers of the public and enticing them to go to
8 a shopping center, large numbers of the public were placed in a
9 very dangerous position. Said placement of said shopping
10 center under the air corridor of a busy airport was negligently,
a i1 carelessly, wantonly and recklessly promoted by said defendants,
3
1I and each of them.
-J � _
V N r
N Z
Z x 13 22. As a further, proximate result of the negligence
LU14 of defendants , and each of them, plaintiffs, and each of them,
x W
Z
z 15 suffered a loss of earnings and earning capacity which has been
W
a
16 greatly impaired, both in the past, present and future, in an
17 amount according to proof.
18 23. As a further, proximate result of the negligence
I9 of defendants, and each of them, plaintiffs, and each of them,
20 have incurred and will continue to incur, medical and related
21 expenses in an amount according to proof.
22 24. As a proximate result of the negligence of defendants,
23 and each of them, plaintiffs , and each of them, were hurt and
24 injured in their health, strength, and activity, sustaining
25 injury to their nervous systems and person, all of which in-
26 juries have caused, and continue to cause, plaintiffs great
_7_
I mental, physical and nervous pain and suffering. Plaintiffs
are informed and believe and thereon allege that such injuries
3 will result in some permanent disability to them. As a result
4 of such injuries, plaintiffs, and each of them, have suffered
5 general damages in an amount according to proof.
6 SECOND CAUSE OF ACTION
(For Products Liability/Strict Liability
7 In Tort Against Defendants BEECHCRAFT AIRCRAFT COMPANY,
BEECHCRAFT WEST, ARK DISTRIBUTING COMPANY, INC. , JAMES
8 MAGEEAN and DOES 24 through 40, 42 through 61 , inclusive,
9 25. Plaintiffs reallege paragraphs 1 through 18 as
10 though fully set forth herein.
N a 11 26. Said aircraft was defectively designed, manufactured
3 z
12 and -assembled proximately causing- said - aircraft to -crash� into
13 said mall.
z r -
�
x 14 27. That at all times herein mentioned, said defendants
x
y 15 BEECHCRAFT BARON AIRCRAFT was designed, manufactured, and
d
16 assembled and distributed for the purpose of flying in the air
17 and safely transporting persons and property in a safe manner
18 so that said aircraft would' not crash as a result of any of
19 parts or components.
20 28. That as a direct and proximate result of the defective
21 manufacture, assembly and design and the distribution of said
22 BEECHCRAFT BARON AIRCRAFT involved in said accident, said
23 aircraft did crash proximately causing severe personal injuries
24 to the plaintiffs who were pedestrians and shoppers in defendants '
25 mall.
26
-8-
1 THIRD CAUSE OF ACTION
(For Punitive Damages and Exemplary Damages
2 Against Defendants WELLS FARGO BANK, as
Trustee for the TAUBMAN COMPANY, INC. , the TAUBMAN
3 COMPANY, INC. , SUN VALLEY SHOPPING CENTER,
SUN VALLEY MALL, and DOES 1 through 20, inclusive. )
4 29. Plaintiffs reallege paragraphs 1 through 20 of the
5 First and Second Causes of Action as though fully set forth
6 herein.
7
30. Plaintiffs and each of them, allege a cause of action
8
for punitive damages and exemplary damages in the sum of SEVENTY
9 FIVE MILLION DOLLARS on facts alleged in this complaint.
10
y 31 . That at all times herein mentioned, Buchanan Field Airpo
a 11
is an airport which purchased its land in 1942 and started
LLI3 x s 2
~< v _ 1` operations in 1946. During heavy fog, when the airport lights
Z f <
3 13 cannot be seen "missed approaches" are common and at such times
< <
-' 14 airplane pilots are flying by instruments . The stress level of
15
pilots during such maneuvers of aviating, navigating and com-
16
municating to the tower is extremely high. The probability of
17 a crash of a circling plane during these times are statistically
18 much higher than normal . All property within a one mile radius
19 of an airport is in a forseeably dangerous position. Defendants,
20 and each of them, knew of said danger but in conscious disregard
21 of the danger that potential customers and users of said mall
22 might .undergo they selected said site for said shopping mall
23 because of the inexpensive land that can be purchased in the
24
vicinity of airports . Members of the general public who are
25 not as sophisticated as architects , engineers and shopping
26
-9-
I center developers would not know of this foreseeable danger and
2 would shop at said mall feeling perfectly safe.
3 32. As a direct .and proximate result of said conscious.
4 disregard of the safety and life of the potential users of the
5 mall, said mail was located in said dangerous location thereby
6 attracting thousands of potential shoppers and placing them in.
7 a very precarious position.
8 33. As a direct and proximate result of said conscious
9 disregard of the rights and safety of potential shoppers and
10 users of the mall, the plaintiffs were attracted to said mall
c 11 on a foggy night, thereby placing them in extreme danger of an
<
3 x airplane crash which. did occur proximately causing severe
s � > t 1_
< N
�Sr personal injuries to the plaintiffs.
< _ 13
3
<< < � Z 34 . Defendants knew that by placing said shopping center
tz: ; i < 14
j
Z 15 in a radius within one mile of an airport that a crash was
16 inevitable and that said crash had a high likelihood of occurring
17 on their mall.
18 FOURTH' CAUSE OF ACTION
(For Loss of Consortium for
19 Plaintiff CINDY LODGE Against
All Defendants)
20
21 35. Plaintiff CINDY LODGE incorporates all paragraphs of
22 all previous causes of action as though fully set forth herein.
23 36. Prior to December 23, 1985, which is the date of the
24 accident which is the subject of th11 is lawsuit, the plaintiffs
25 CINDY LODGE and JAMES LODGE were wife and husband, and said
26 marriage was a loving, affectionate marriage and said plaintiff
-10-
( JAMES LODGE performed all services that were expected of a
loving husband.
3 37. Subsequent to the injury, and as a proximate result
4 thereof, plaintiff JAMES LODGE has been unable to perform the
5 necessary duties that are expected of a loving husband, which
6 include the work and services usually performed in the home,
7 maintenance and management of the family home, and will be
8 unable to perform such work, service and duties in the future.
9 38. As a result of said accident, plaintiff CINDY LODGE
10 is informed and believes and thereon alleges that plaintiff
11 JAMES LODGE is unable, and will continue to be unable, for an
N s <
12 unspecified period of time, �to have marital comfort to the
Z ~
Z x 13 detriment of the marriage.
UJ H 14 39. Plaintiff CINDY LODGE has witnessed her husband ' s
� Z
z 15 physical and mental suffering. This has caused plaintiff CINDY
o.
16 LODGE mental suffering.
17 WHEREFORE, plaintiffs, and each of them, pray for the
18 relief as follows against defendants, and each of them, on
19 Causes of Action One, Two and Four:
20 1 . For general damages within the ,jurisdiction of this
21 court;
22 2. For medical expenses, past, present and future;
23 3 . For wage loss, past, present .and future;
24 4. For loss of earning capacity;
25 5. For costs of suit;
26 6. For prejudgment interest; and
-11-
1 7. For such other and further relief as is Just.
2 Plaintiffs, and each of them pray for relief as follows
3 on the Third Cause of Action against said defendants named
4 therein:
5 1 . For general damages within the jurisdiction of .this
6 cou rt;
7 2. For medical expenses, past,- present and future;
8 3. For wage loss, past, present and future;
9 4. For loss of earning capacity;
10 5. For costs of suit;
m a 11 6 . For prejudgment interest;
..
7. For such other and further relief as is dust;- and -
NZ = 13 8. For punitive and exemplary damages in the amount of
< N $ 14 $75,000,000.00.
a_' Z
15
16 Dated: April�, 1986
17 LEWIS & LEWIS
18
19 By
MARVIN K. LEWIS
20 Attorney for Plaintiffs
21
22
23
24
25
26
•-
i `r-1.• 1.
'1 Wil:�•.
Kms:
i�
:,:':'.. . :gin;:.,.,, .. ._ . ......, . . . .:.. . .,.�;::�:::;.r-:���, .,-.•:��:= . " .. ._, •�;b�"_
irsr: r r, .'TA2 ENDED '3 a
{ •i ' _ VA7tiJ�I auPV•L74r.3 0 t5ff MiST1. M.AJ - i AeD ACTION
1986
: e Z=a1ji Wast the ComtT: or nlstriicdr` i�3:� IIOZICE TO tZJtIISJt�t! April 29,
Bo�arised b!' the mord of 9uper►isar�s;` -am s ed to 7W is lour
3 LY �-itoutins &ida'sa Qnts, and Bawd. i:`-: - ootioe of the action taken on 70W claim by the
` ictioe>. 'Lll Secrtionretaranaas sar+t '; 'si..Di of g►xpenisors (paragraph W. below),
,' "rtr?Y 'to Calltarnia Oovernxn4 Codes jtven purataant to Govers>mexst Code 39otion 913
'.:. •: `• .- ;and 915.0. ?awe note all Wwarni-1.
h t Claimants -Julie Lodge', a minor-'`t tIse'':through her parent, Cindy Lodge, to be
a ointed uardiin .acl Litem. .
PP 8
lLoillrys Marvin K. Lewis
:Lewis & Lewis
T-P .690 Market St. ,Penthouse ;
J`,t � r ,_ San Francisco,•CA 94104 Band delivered
s,r° jmosaests ;4,000,000.00 .delissrY to al or on March 31, 1986
Date jeo tiveds March 33, 19$6 i $y=11 'Postmarked on
, ,* ^ -s ' er Supe
70 County COU11301
1 ittactsed is a Dopy of tbe;abave-octad alsim.
t t x�
;Dateds April 1, 1986 PFIIL BATQiFIAA,Clerk, By�1z r A Deputy
-
°YRf�E.,��MIs L y Counsel �e s ark Sup -v sots
.(W.Rk only one) } ,•- , "
This claim oamplia svbstantSs22F w#th-'Sections 910 and 910.2.
r
This claim FAITS to comply yiro4taritiaily.vith Sections 910 and 910.2, and we are
so notifying claimant. .T'be Board oannoV act for 15 days (Section 910.8).
Claim is not timely filed; -Clerk aliauid return claim as ground that it was tiled
'late and sand warning of oiaimmVs'.rkSbt to apply for leave to present a late
,.:. claim•(Section 911.3}. ,. •s. - c'}'
s�
Others '
j!
'~ D.teds Bys Deputy Co=ty Coursel
III. 'TXHs Clark of the Board ;`.Ns '.(1) unty Counsel, (2) Catartp Administrator
( ? Claim was retwn*d as untimely with_notlee to claimant (Section 911.3).
Ii!. M= CitI3FOtBy tsArAmous vote of Supervisors present
.� '
(X? This clams rejected in run. r- µO )
certify that tb13 isa tarty and oosjyct Copy of the Board a order enc in is
�r= sim&&% far data.
`biitid: Art 2 9 Pfi�. BJI'1'13�.OR, Mark- !TyDe
. puty Clark
WAXM'6o�CO& section 913)
'.• �:;;' Subject to oertain exoeptiocss,,7OU hits Only six (6) wnths from the data of this
�,• notioe was personalty served or deposited in'the mil 4,o file a Court action on this
nlaia. glee GovesTment Code 9setion
` You my seek the adrioe of an at
*. toraey Of yea' ohoioe in =r)8etim with this
'natter. If you want to ommat an attorfWY,'you should do so immediately.
(`�• ,y� y � inn, ::G.. 1JC.
AMENDED
BARD CF �PF.R9I tg[F s COSTA QX?lJ1T CAI.TILF_ U y
BOARD ACTION
�.}�5+f� � to k i _ .41;i tf ,,.�; ° :!:• .'.
Agsinst the Cotssty,"Cr district; ,<F� IID?ICE !0 CLAD'W
April X, 1986
:'. siCrs, -t jibe:COW o a. b to you is 7�'
W the Board cfSuparti
R9Btdorsetaeats; and•Board rnatios of the aotim taken Cn your maim by t2te
"�ct3an. All'Se9tioa"referenaa � 8card ot-3upnr+riaor�s (Paragraph I9, Delar),
a{'r<to`Calitasciia Cover wnt Codes ! sivea.pXwAnt to Government Code Section 913
� ? t, �, .915.t. :'Please note all wWanninp".
Claimtuts Christina Lodge,•'s minor;,_y'and through her parent, Cindy Lodge,
t'f6 .be a pointed guardian Litem
pp
Attoersey: 'Marvin K Lewis
�Y <4 n .• ,Lewis::& Lew.is
�ddraess` 690"Market�St Penthouse*�;5�;
Sae Francisco' CA. , � 94IU4 s :Hand delivered
-s Xaptssts $4,000,000 x , deliiery to clerk an March 31, 1986
a; -�hate Reoeived:March 31 <1986 r s �l {"$yVail► postmarked an
Far s�, er n Su aOra <:IUt .CaatLy Course
'x'^ _�- Sttacbed is a Copy at the above-aeEed'nlaim.
r�. Dateds April J, :-1986'r PffiL BATG�1,03t, Qet'k,.BY Deputy
is e yet f y y _
' s y Coups y ,� �a itis Clerk 0 Supervisors
'���*.<* •(Check acsly. one} � >,-',, ,; '`'�� "- .,. _ .
claim o®pI143 wbitantially vi£h Sections 910 and 910.2.
".. � �.� ".moi _.
s claim FAILS to Camplq;ili t stially with Sections %0 and 910.2. and We are
notifying claimant. Tisa board earshot act for 15,�Ys (Section 920.8).
timelyfiled."Merk should return claim on pound that it uas filed ,
3ate`aisd send xarning of elaimaatra right to apply for leave to present a late
p 'Claim (Section 911.3)• jT R��L
Others
-lf: r^
u h
'�� Da :• Byt Deputy County CourLsel
r ; 31I. JIRQSs
Clark of the Board fatty Counsel, (2) County Administrator
aim was Was returned-as untimely with i6tice to claimant (Section 911.3).
BOARD WER BY tYsanimous VDte Of Supervisors present -
' Thin Claimks refected in full• `���. '^hl����
DLberi :ci.
Cern ywthat
f-this a true Correct Copy the '8 enters lu is
for tµ}yam �Yo• HEL .-Y.;e��'�y� ���µ •`, r��
lUJV4_ ... .. h.'_•...-�.;
�':M.:Datsdt 2 9 PAIL BATCHII,OR;'Clerk Deputy Clark
J > , YARtt11iG. (Gov4Ccde Section 413)
•. Subject to certain ssoeptlatss, 9on. 2' Cody six (6) worths from the date of this
notice Was peraasally sari Cr-depeeitsd n the nail to file a court action on this
nlais. See Government Code Section_945.6:'
-T Tou tiny seek the adrioe ot_aa attarnery-•of yaw ehoioe in ootrAction With this
natter. If you Want to oecssult an attorneyYeu should do so immediately.
r T�
f s.�s 2 �vr`'r ^' � � t J.hS �'�;o`a����A17L+��L�D ,�• •
MAr
,.r ,, f . . a.an C�,S'PA QAtr!'T. CAL4Q�fIA i
AFJ aJARD OP �7pFAYISO4t.4rwMM ACTION !
i
•S r¢alm` Inst the County be'bistriat �`' 110'lICE !D CiAZ1SAl-, April 29 1986^
tJ�e Board of Supes•siso's, °Sbe ooP9 s ed to you �a yaa
ANouting pstdoraementst�otios of the victim takes m > �� b)7 the
tioo. All_Secti.cD.rsfa:•aDoes ars �'8oard:of Supervises (Parags aph . �o+ .
o Califoxaia C.ovenment CodesivexfSuaat to Coverr�eat Code section 913
► „ � =aadL915.4• Please Dote all "fiarniDgs".
jy^, ,CS`�aimaat: y Lodge
Z--%lttaszterysMarvin':K. Lewis a Y
*l l:ewia & Lewis
;_,; lddrais: 690;Zfarket ';Pe �
San,Franciaco, CA 94104 • ,, Hand delivered
Ls $4,000,000 OQ Sit delivery to clerk on March 31. 1986
,Y Da sraeoeived� 2faich 31,^1986 q � �rSY avail, postmarked an
: eS' a .� I+O: County Counsel
attached is a copy of the above-Doted tniaim.
April 1, '1986 PffiI. BATCf;FhOn Qttrkt BY - Ll--Vw� Deputy
v ow es
' ,+` = Coun y c�ouns �, • =x•, TC: eek o e Supero s"
L
(Check mly MSO, '' fe..; Y .,1 � 4�; ` f .,' : • _
his claim complies substantially Stith Rectians 910 and 910.2.
T
.Phis claim FAILS to campSy.substaatiall xith Sections 910 and 910.2, and we are t 1
zF ` so;aotifying,claimaat. 1Tne;16ard oanDot..iet for 15 days
(Section 910.8).
Y .Claim is not timely tiled. "Clark`ahQutld=return claim on ground that it was tiled
h y r .late and send warning of elaimantfa right to apply for leave to present a late
claim (Section 911.3). .cba
.-V - µ• .. _ rr Kai
J.
: Datads !r�L / Byt' rif- �� Deputy County Counsel
tomFRQi: 'Clark.of the BoardCounty Cotassel, (2) County AQaiDistratcr
•
Claim was returned as untimely xithri4t3ce to claimant (Section 911.3).
`tV�1 IY. .BARD 03tDDt By unanimous Vote* Skiper'visors present
t Xt •- - 0.L OwnG rldta - cry ,�. :. .
t X 3 This claim�is rejected
r ..
otters
certify that this s a true an L
t cosreq copy of the Board's Order en In is
r->. r
Dated: date• r .:. �p (�
Dated: PiiIL BA=M,08,Y'Mar
k. 13eputy Clerk
WARN= (f3ov.lcde Section 913)
f Subject to certain txoepticm,•r u tsar only six (6) months frcm the date of this
.=:-;ratios was personally served.or deposited'iA,the mail to file a court action an this
p;olaim. See Government Code section 905.6',
?ou easy seek the advice of aD at of
�sY your choice in oosmeetion with this
�, ,taattar. If you want to oorLsult an attorney; =ou should do so iwediately.
�.; ..�.�Vit,. �� `':w`;x. '��;•l.
e
w 'ti.W ♦.a. S{• ., '`AMENDED, ,•'�.•�
}BOARD OF SPEWLS S CIV i rzi C=A MOWN, curPOINU !'
BOARD ACTION '
tgaiast the County, Cr Diatx'!at "x.. ?. , IIOTICE 1D ClJ1IlSA1R April 29, 1986!
Sovez�szed by
the Board of Supervisors, :lY'he copy s t ed to you is >�
t '
outing,&)dor'sements, and Hoard: : •'`:.r `�iootioe of the actin taken on xaa� claim by the
t t Abtion. Section references we ,
.Board.of Supervisors (Parasr'aptz IY, below),
err to California GovezMent Codes ) ;ivea pursuant to Cov,nzTme:zt Cods Section 913 i
.: and 915.4, Blease note all *warnings*.
Claizpaatf Gary' Lodge
AtLorn�tyt"Marvin K. .Lewis t
' :Lewis'& Lewis ;<
RQdresss ' '
690 Market Sr. Penthouse . ..
t� San Francisco, CA'94104- Hand delivered
Amazaits
$4,000,0
00.00 By delivery to elex•k on March 31, 1986
Date Reoaived:March 31 1986: f X l,"postmarked on
t:• s:
7_716
. z erk t Bear Supe sots .,,- ;.-.TOs County Course
="
At ached is a copy of.,Us above-nated�;olsim.
Dateds April 1, "2986 �F'FIIL DATL MM*; Clerks BY - v 1 t3o Deputy
h • moor es
. scoTo
untytClerk of e Board of Supero s0rs
(Check only ane)
t } Thin claim aczrpliea substantially ritntections 910 and 910.2.
( .} '.This claim FAILS to ccmpxy substantially with Sections 910 and 910.2, and we are
sonotifying claimant. The Board aianot.act for 15 days (Sa0ti0D 910.8).
( .'} Claim is not timely filed. : Qerk aht>iild return claim an ,ground that it was filed
: late and send warnizrzot.claimantti right-.to apply for leave to present a late
claim (Section 911.3).
'( other:
c,Octads By t re..t-L CQ-A QJ Deputy County Counsel
lRtHz Clerk at the Board ZC1: 0;. . ty Cm=el, (2) C Unty Administrator
.::CLaim was returned as untimely with notice to claimant (Section 911.3).
t1V."-9DARD CMLR ' Ey %m am I'm vote of 'Wpervisore present
This olaim�is rejected in
ower: �L
oertify that this is a true
correct copy of Lha Boaztd'a Order antwe M is
Ideates for this data. :: :•_ •.,',;< �� p
:Y Octads R 1) 4 to MBA.TCFMOR, Clark:?By T1��t , Deputy Clerk
WARNM,(Gov.Code Section 913
ubject to oeriiin aszaeptions, jou hive Daly six (S) wnths from the date or this
_Wtioe was Personally served or deposited in.the mail to file a court action ca this
:.olaia.. See GovwTxmt Code Section 945.6:
may seek the advice of an attaraey-of X ' choice 1n oossneetion rich this
If You rant to ocsvult an att0mWY;'Y0u should do so iasaediately.
.� :SLY, � - _• . .
;'F Y'Vis};:: r•=__
\"
(City of Concord
PHONE: (4151 671- 3078 CITY COUNCIL
Ronald K.Mullin.Mayor
Colleen Coll,Vice Alavor
June V.Bulman
Diane Longshore
Stephen L.Weir
April 2, 1986 Farrel A.Stewart.City Manager
Christina Lodge, via Cindy Lodge
c/o Marvin K. Lewis, Esquire
Lewis & Lewis
690 Market Street, Penthouse
San Francisco, California 94104
Dear Miss Lodge:
Pursuant to the authority vested in me by the City -Council ,
you are hereby notified that the claim you presented to the
City of Concord dated March 31 , 1986 pertaining to an
incident occurring on December 23 , 1985 in the amount of
$4 ,000,000.00 is hereby rejected in its entirety.
WARNING
Subject to certain exceptions, you have only six (6) months
from date this notice was personally delivered or deposited
in the mail to file a court action on this claim. See
Government Code Section 945 . 6.
You may seek the advice of an attorney of your choice in
connection with this matter. If you desire to consult an
attorney, you should do so immediately.
Yours very truly,
EVERETT R. CL FT
r
Acting Finance Director
ERC :ac.
cc: City Attorney
CCCMRMIA
APR ¢ ' 1986
. ..:CONCORD CIVIC CENTER "• 1950.PARKSIDE DRIVE . •CONCORD CALIFORNIA 94519
City of Concord
PHONE: (415) 671.3078 CITY COUNCIL
Ronald K.Mullin,Mayor
Colleen Coll,Vice Mayor
June V.Bulman
Diane Longshore
April 11 2 1986 Stephen L.Weir
p Farrel A.Stewart,City Manag,
Cindy Lodge
c/o Marvin K. Lewis, Esquire
Lewis & Lewis
690 Market Street, Penthouse
San Francisco, California 94104
Dear Ms . Lodge : .
Pursuant to the authority vested in me by the City Council ,
you are hereby notified that the claim you presented to the
City of Concord dated March 31 , 1986 pertaining to an
Incident occurring on December 23, 1985 in the amount of
$4 ,000,000.00 is hereby rejected in its entirety.
WARNING
Subject to certain exceptions, you have only six (6) months
from date this notice was personally delivered or deposited
In the mail to file a court action on this claim. See
Government Code Section 945 . 6.
You may seek the advice of an attorney of your choice in
connection with this matter. If you desire to consult an
attorney, you should do so immediately.
Yours .very truly,
EVERETT R. IFT
Acting Finance Director
ERC:ac
CC: City Attorney
CCCMRMIA APR ~ 1986
CONCORD CIVIC CENTER 1950 PARKSIDE ,DRIVE . CONCORD.CALIFORNIA 94519
L
City of Concord
PHONE: (415) 671.3078 CITY COUNCIL
Ronald K.Mullin Mayor
Colleen Coll,Vice Mayor
June V.Outman
Diane Longshore
Stephen L.Weir
April 2, 1986 Farrel A.Stewart,City Manag-
Julie Lodge via Cindy Lodge
c/o Marvin K. Lewis, Esquire
Lewis & Lewis
690 Market Street, Penthouse
San Francisco, California 94104
Dear Miss Lodge:
Pursuant to the authority vested .in me by the City Council ,
you are. hereby notified that the claim you presented to the
City of Concord dated March 31 , 1986 pertaining to an
incident occurring on December 23, 1985 in the amount of
$4 ,000,000.00 is hereby rejected in its entirety.
WARNING
Subject to certain exceptions, you have only six ( 6) months
from date this notice was personally delivered or deposited
In the mail to file a court action on this claim. See
Government Code Section 945. 6.
You may seek the advice of an attorney of your choice in
connection with this matter. If you desire to consult an
attorney, you should do so immediately.
Yours very truly,
EVERETT R. CLIFT
Acting Finance Director
ERC:ac
cc: City Attorney
CCCMRMIA APR 4 - 1986
t_ CONCORD CIVIC CENTER 1950. PARKSIDE DRIVE CONCORD CALIFORNIA 94519
4 •, .
City of Concord
PHONE: (415) 671-3078 CITY COUNCIL
Ronald K.Mullin,Mayor
Colleen Coll,Vice Mayot
June V.Bulman
Diane Longshore
Stephen
April 2 , 1986 FarrelA.Stewart,City Manager
Gary Lodge
c/o Marvin K. Lewis, Esquire
Lewis & Lewis
690 Market Street, Penthouse
San Francisco, California 94104
Dear Mr. Lodge :
Pursuant to the authority vested in me by the City Council
you are hereby notified that the claim you presented to the
City of Concord dated March 31 , 1986 pertaining to an
incident occurring on December 23, 1985 in the amount of
$4,000,000.00 is hereby rejected in its entirety.
WARNING
Subject to certain exceptions , you have only six (6) months
from date this notice was personally delivered or deposited
In the mail to file a court action on this claim. See
Government Code Section 945 .6.
You may seek the advice of an attorney of your choice in
connection with this matter. If you desire to consult an
attorney, you should do so immediately.
Yours very truly,
EERETT R. �-
Acting
Finance Director
ERC:ac
CC: City Attorney
CCCMRMIA 196
PpR 4
.CONCORD CIVIC.CENTER .1950.PARKSIDE DRIVE '--:.'. '..•CONCORD'CALIFORNIA 94519 .
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
Edd
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 StTN VALLEY MALL CRASH
Sadler, Kelly
Sadler, Pamela
Sadler, Sabrina
Santos, Edward
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, FYU
Trice, Jarrod
Trice, Susan
Wagner, Timothy
Wells, Allan
White, Carolyn
Widdrick, Robert
Wilson, Michael
Wood, Timothy
Woodson, Matthew