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HomeMy WebLinkAboutMINUTES - 10211986 - 1.15 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA Ex—Officio as J the Governing Board o the West County Fire Protection District Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Octobers 936 and Board Action. All Section references are to ) The copy of this document mailed to you is your noi& o California Government Codes. ) the action taken on your claim by the Board of Supervisors �_ _. == --r• ;^��agr_;` "' ' '^ ' given pursuant to Government Lode .{mount: $436, 20 Section 913 and 915.4. Please not all "WAeN iRl'ty Counsel CLAIMANT: EUGENE P . SIGTsARDT SEP 3.0 1986 ATTORNEY: hryElrtlnp-, C;r,\ 1,15 j> Date received ADDRESS: 5227: Columbia Ave. #4 BY DELIVERY TO CLERK ON Ceutevber 26 , 1986 Richmonr, CA 94304 BY MAIL POSTMARKED: September 25 , 1986 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PPHH BATCHELOR. DATED:Sep terber 20 , 1986 BYIL Clerk V1 L. Hall I1. FROM: County Counsel TO: Clerk of the Board of Supervisors W 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� --7, �S� BY� /��i�epdty 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 unaimous vote-of-the Supervisors-present XThis 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 2 11986 Dated: PHIL BATCHELOR, Clerk, By �, Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury .that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. OCT 2 2 1986 Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator L t CLAwM TO: BOARD OF SUPERVISORS OF CONTRA ,COSTA COUNTY 6Z L) . Instructions to Claimant pe'q L) mel() 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 ) Reser .--- -' ng stamps r RECEIVED —DTZ°-'�iGrb7p�� Against the COUNTY OF CONTRA COSTA) or �5� ��� �� /'/ L DISTRICT) al u Wtoom (Fill in riame) ) ev • y The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 4�f4, 02-4 and in support of this claim represents as follows: ------------------------------------------- ---------------- 5. at are the names of county or district officers, servants or employees causing the damage or injury? -- , �` ------------------- 6. What damage or i juries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) A C vy�2v`y1,f 7*� ltii�yC Ani �vRa _ � 7. _k, gr _A4fZa4a How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) -------------�a- --------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. -� O A/� ,5fA 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 � . Claima/nt' s Pdgnature AVZ T 'Add-r6ss Telephone No. Telephone NoA/�l SJ,5=jD /Z 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. " complete Automotive Refinishinga and Repair N! J 3 8 2 500 SAN pABLO AVENUE , ALBANY, CA 94706 5263.5212 Date IwK.PHONE H PHONE NAME M. 74 swig ADORES Sew CITY insurance CO.Year 0,c— Trim # — insurance Co misage icens-# Paint# LABOR HOURS PAM SUBLET ESTIMATE OF REPAIR COS" PAP& V11 -7 r\ c TOTAL PAINTING LABOR MATERIAL "A PRICE COLOR- PAINTING 0 MET;ALUC DESCRIPTION F 0 STAFOURST tR I�SEALER (3 NO-MAR PROTECTION EXTRA PREP 0 DOOR JAMBS o WHEELS [3 COMPLETE ODLOR CHANGE 0 TU TONE TOTAL MATERIAL MATCH COLOR BALANCE FORWARD ElE [3 VINYL TOP RENEWAL TOTAL PAINT ❑PICKUP a DAMMA SUBTOTAL TOTAL " 00 R HR S 2n��'L1-HRSOF LABOR@$, f% PARTS $ 0 PAINT MATERIALS S REMARKS SUBLET $ SALES TAX $ t 9"AXTIE 15 SAWD ON OUR 04SPECrIDN AND DOES NOT COVER ADDITIONAL PAWS OR LABOR WHICH PAWL ESTWAATET0TA $'-------------�; WAY K REOUIRED AFTER WOW HAS SEEN STARTED.AFTER THE WORK HAS STARTED WORN OR DAW AGED ADVANCE CHARGES $ PARTS WHICH APE NOT EVIDENT ON FIRST INSPECTION MAYBE DISCOVERED.NATURALLY,THIS ESTIMATE CANNOT COVER SUCH CONTINGENCIES. PARTS. PRICES SU&JECT TO CHANGE WITHODUT NOTICE,THIS GRAND TOTAL S ESTIMATE IS FOR MEDIATE ACCEPTANCE. WE ARE NOT RESPONSIBLE FDA ANY LOSS By FIRE.THM,ACCIDENTS OR ANY CAUSE BEYOND OUR CONTROL,NOT RESPONSIBLE FOR MECHANICAL FAILURE OF THIS VEHICLE.NOT INSPINS BLE FOR ANY ARTICLES LEFT IN VEHICLE.YOUR SIGNATURE HEREUNDER OONSTITVTES ACCEPTANCE OF THIS PRO. VISION.I HAVE READ AND ACKNOWLEDGED AND HAVE RECEIPT OF THIS FORM. THIS WOW AUTHORIZED BY 7 NAMEDATE — �) D 3J C Z 0 ary OF ADDRESSW CD ,te .�. D CD C Z O =r :3 m PHONE !�_7�� YEA MANE MODEIle Yzer C r x y �j ID NUMBER ��—�'�--+ rno CALOR PROD.OA '�r n r r� *. -0 f 'd j .. TRIM MILEAGE LIC.N0. / INS.CO. /j CD N 'D N ADJUSTER LIC.NO. PHONE FILE)10. CLAIM NO. -' s m v d a x r In T r ~ v y o p m v d s m n ED 0 _0 _K x 0 m -a T M D 3 r 2 i: D 0 :E Z 0 n r 2 K � 31 0 S O 0 m n V T y 2 2 (/� � fD m T m a `° d o $ m o w o 0 o m .,. n -T g 'a 0 x c v m a N fm m m z o c t `D V n y T •-y -I � C r T. 2 2 � n T (� � () < T m n m D W n m ' 3 m 'm X 3 = 3 ..__ 3 m 3 n n o n y 3m T .� 3 3 a m o o m n 3t n m m 3 3 o m O o ,. � io `° r T Ln t' n ? � N rn W r. o > � 0 DCnmm �O w' �. 3 •< n w ; 'D m a T N 2 G g C F r r 2 S 2 9 S T T a y D JJ n 3) N Q c u o v m m o m R o 0 w o m o d m u v o. cn =f= — o e N W — g - r u < j 3ET c a , m 5 o n m a a 0 no n I m a o N n o 31 4/ an m o m l s 2 N �' 'D 3 N o Tw/ u � rt j N r 0 w 2 h O ti y 1 'D V y dr y V ci M x d x c o m m 0 c w F D 3 f c } -i Y T 7 . 9 N H O C L N O y b 0 O n r, c j W m CO C -c 1 b o ro y o v v o m O I r/l O Q N N 3 D b 9 f J b O O b W N y 0 > 3 o m0 D c ?Cc n s tu n g y _y o o w o D m r o m �ma 1D m o m 3 c O 3 v v n m 0 y I S tml � N N N N 31 m I 1 I n I e ©Form No. 1010 IID/E/A,Inc.Caldwell,Idaho 83605,Call Toll Free 1800-635.9261 CUSTOM ER'S COPY CLAIM A(S 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 21 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $3'UU;" 60ti. 00 Section 913 and 515.4. riease not a116WfflVJftP50cLPns,.1 CLAIMANT: DANIEL BABINEAUX SEP 310 1986 c/o Frank Perez Tays ATTORNEY: Coker & Tays , Attorneys-Abogaaos Martinez, Cry 945`ia 509 Railroad Avenue Date received ADDRESS: Pittsburg, CA 94565 BY DELIVERY TO CLERK ON September 26, 1986 hand del . BY MAIL POSTMARKED: no envelODe 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. g�IL gATCHELOR, Clerk DATED: September 29 , 1986 : Deputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (yQ 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: "�� / 9�� BY. " �� [�C L�C�L I�-.@epaty 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 unaimous vote of the„Supervisors present ( Y) 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 2 1 1986 PHIL BATCHELOR, Clerk, By. :2 . Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I. declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: OCT;,$ g 1986 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 1 RECEIVED CLAIM AGAINST THE COUNTY OF CONTRA COSTA , AND ITS AGENTS AND EMPLOYEES CLERK BOARD of OF CONTRA COSTA CO. ..�. ....... Deputy Claimant, DANIEL BABINEAUX, hereby presents a claim for damages against the County of Contra Costa and its agents and employees . ADDRESS OF CLAIMANT: 5211 Sacramento Avenue Richmond, California 94804 ADDRESS TO WHICH NOTICES SHOULD BE SENT: FRANK PEREZ TAYS COKER & TAYS, Attorneys-Abogados 509 Railroad Avenue Pittsburg, California 94565 DATE, PLACE AND CIRCUMSTANCES OF OCCURRENCE: On or about June 21 , 1986 , at the Contra Costa District Fairgrounds , located at the intersection of Tenth and "L" Streets, City of Antioch, County of Contra Costa, State of California, Claimant sustained serious personal injuries in the following manner: Claimant was attending a NASCAR automobile racing event at the speedway at the aforementioned location, when a grass fire broke out in the racing pit area. The origin of the fire .was traced to a blow torch which was being used by one of the race car drivers to repair his vehicle. Claimant asked the driver where he could obtain water to extinguish the fire. The driver informed Claimant that he had some water in a black container which was located in the rear portion of his pick-up truck. Claimant went to the pick-up truck, located a black container, and returned to the scene. He then asked the driver whether the container which he was holding was, in fact, the container with the water. The driver indicated that it was. Claimant then poured the contents of the container on the fire. There was no immediate reaction; however, several seconds later, '�. R. another spark hit the grass and unleashed a fiery inferno. The fire caused second and third degree burns to Claimant' s left hand, left arm, side and back. At no time was Claimant ever given, nor did he sign, a waiver of liability. AMOUNT OF CLAIM: $300, 000. 00 PARTIES RESPONSIBLE: Contra Costa District Fair Board; Contra Costa County; and, the City of Antioch. DESCRIPTION OF INJURIES AND BASIS OF COMPUTATION OF DAMAGES: Claimant, DANIEL BABINEAUX, suffered injury to his health, strength and activity, including but not limited to a multitude of permanent scars on his left hand, left arm, side and back. Claimant also suffered numerous lacerations, bruises, and extreme pain through- out all of the affected areas. Additionally, Claimant suffered fear, terror, anxiety, emotional anguish, and severe mental distress as a result of being burned by the fire. Claimant has incurred medical expenses in an amount not yet fully ascertained. Damages are based upon the amount it would take to adequately compensate Claimant for the injuries suffered as a direct and prox- imate result of the fire which broke out at the fairgrounds due to racing and other related activities which were allowed to take place on the premises. DATED: September 25, 1986. COKE & TAYS Ile FRANK PEREZ TAYS -2- CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 21 , 1986 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors • (Paragraph IV below), given pursuant to Government Code Amount: $50, 000. 00 Section 913 and 915.4. Please not a 3d'6"{JNU6un3e1 CLAIMANT: 11R. CARL TAYLOR SEP 3:0 1986 ATTORNEY: Mai linez, CA 0453 Date received ADDRESS: 901 Court Street BY DELIVERY TO CLERK ON September 24, 1986 Martinez , CA 94553 BY MAIL POSTMARKED: September 23 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppHH g t /fD DATED: September 25 , 1986 OR Deputy OR, Clerk 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: �C`: �, /�1��a BY. 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 unaimous 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 2 11986 L �� Dated: PHIL BATCHELOR, Clerk, By � , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. OCT 221986 Dated: BY: PHIL BATCHELOR by L4 6Z.-CXR Deputy Clerk CC: County Counsel County Administrator CLAS�'�ii^, BOARD OF SUPERVISORS OF CONTRA C 0§*rF4?WXapplication to: Instructions to ClaimantC'•erk of the Board r.5l P,'„ Q jot.., dio 6 Martinez,California 94553 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. *12 :he claim is against more than one public entity, separate claims must be filed against each public entity. . • E. Fraud. See penalty forifraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by )Reserved stamps MA C—nsL RECEIVED Against the COUNTY OF CONTRA COSTA) C. SEP _M41 ? CLER P AT SUP R DORS or DISTRICT) N o (Fillin name ) er •• The' undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 150, QQ o and in support of this claim represents as follows: --------------------------- -------------- ---------=-------- 1. When did the damage or injury occur? Give exact date and hour] Y. -WHiere did tfie .damage or in3ury occur? (Include city and county) ifichen -The m��+Inez J-A'\L House 3. How did the dama a or in ur occur? (Give �uii detaiis use extra . sheets if required) fox"es -NA7 1, me. SAo"xea -+o on mn V\ec.d wnd � , S•houkAeg " FQllec�, t,J►+r Pato�c�es. --�'-----------------------------------------------------------T--- ----- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? (over) CLAIM le 45 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as Board of Commissioners of the Housing Authority of Contra Costa County Q aim Against the County, or District.governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 21 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount.. y 15 , 000. 00 Section 913 and 31:. CLAIMANT: MARGERY WOODARD Sop 1, :0 1986 t/o Charles E. Wilson ATTORNEY: 1159 King Court Martinez, CA 94553 E1 Cerrito, CA 94530 Date received Housing Auth. ADDRESS: BY DELIVERY TO CLERK ON September 25 , 1986 BY MAIL POSTMARKED: Senteniber 24, 1986 I, FROM: Clerk of the Board of Supervisors TO:. County Counsel Attached is a copy of the above-noted claim. DATED: September 25, 1986 gqILATCHELOR, Clerk �: eputy Q 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: I tY County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unaimous vote of the Supervisors present ( X) This Claim is rejected in full, ` ('`) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: OCT 2 11986 PHIL BATCHELOR, Clerk, By f Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today 1 deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to ' the claimant as shown above. OCT 2 21986 Dated: BY: PHIL BATCHELOR by i Deputy Clerk CC: County Counsel County Administrator i, CH ;. RLES E . WILSON ATTORNEY AT LAW • P.O. CO% 1016 EL CERRITO, CALIFORNIA PA�30 TELEPHONE: 525-7404 September 17 ,1986 CLAIM AGAINST ME HOUSING AUTHORITY OF CONTRA COSTA COUNTY (Pursuant to Gov. Code, Secs 910, et seq) CLAI1,YiNITs 11ARGERY I;OOD.ARD ADDRESS: 1758 Harold Street , N. Richmond , Calif. (Las Deltas Project) PERSON TO V110M NOTICE'S ARE TO BE SENT: Charles E. 1%7i.lson, Attorney91159 King Court , E1 Cerrito, Ca . 94530 Ph. : 525-7434 CL:—111 AGAINST 1'i 0 1: Housing Auti,ority of Contra Costa County & Las Deltas Proilect . 1';11EN DID L1111'SGF- OCCUR: 9-13-86 ?-OC!:TIOV OF 0M.!.J PJ--NCE: 1758 Harold Stzeet , N. Richmond, Calif. 94801 CIPCL:• ST ACES OF OCCURRYNCE: Clai.n', nt , iAiile cle.-ning her windows outside her sl. ipp-d end fell into a hole a.t and near her home injuring her S1-:e is no-v, i:ccei-vi.ng The i':oie i.as exposed and not _ otect:�:d vy ,y ? )-Gr or — .. ', sa e for r�. i O PS to e i.t f si- L 1%,, Gi" 'I"h'_s 'v%� S 7",z-;� 1 �_�C�':;Ce on 1,IC i'Grt O i.}-'e 'S-.nJ e-:ut1101'1- ty. 1 OF S : L ' o t:1; c---s a ,d soot . and Cl Oj %T... l... 5 GSi:it: .-i: C c ;• i_c?t Of fUL-Ure lOssp :; ::C ].C'.1 C`'sts , 7.CSs Of C '!-,.^i:al L�`�." -"^Sr'for/�j,.^in e??d .:?'fl-'roil, F,nd p'1'i:,a- t (I;_'.?.i)l 1 �.T..i , �.n LLl i)e c '!?t of ,;I- oro. 00. S)' _1;2r7 c-'S r 's,;? on 1-_'-JI' !i t:L'O_1-!C.Y err,_. C� k c J ' 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 21 , 1986 ` and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors pe, '.Y e'.c::), given pursuant to Government Cnde Amount: Unspecified Section 913 and 915.4. Please not all "WARNINGS". County Counsol CLAIMANT: MIRLAM BRYANT c/o Cy Epstein SEP 3:0 1986 ATTORNEY: Law Office 2566 MacDonald Ave. Date receivedCA 94652 ADDRESS: Richmond, CA 94804-1833 BY DELIVERY TO CLERK ON September 24, 19(J)FJft�f}c?.86 BY MAIL POSTMARKED: September 23 , 1986 Certified P 731 137 019 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Clerk DATED: September 25, 1986 py L. Hall 1I. FROM: County Counsel TO: Clerk of the Board of Supervisors (X) TTPI S claim complies su stantially with Sections 9 0 d. 910.2,/�� G�� ' ld ( ) Thisaclai� FAILS to co y substantially th Sections 910��a�n(dLL91�2, a do n ifying claimant. The Board cannot act fo� (Section 910.8). PK-) aim is no imely f i 10 A The k sh 1�urn cl im on round t it was filed 1 e ani d send 49'A-0- warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: (�iC.C- e� , /70 (o BY: F puty County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) (X) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unaimous vote of the Supervisors present ( ) This Claim is rejected in full. ( X) Other: Portion of original claire not previously returned as untimely is rejected in full. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. /%�"� Dated: OCT 2 11986 PHIL BATCHELOR, Clerk, By, (t/'// . Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally'served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I .declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today 1 deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to j the claimant as shown above. Dated: OCT 2 2 1986 BY: PHIL BATCHELOR by Deputy Clerk 1 CC: County Counsel County Administrator '\ Law offices of CY EPSTEIN California Real&,tate Broker A Professional Corporation Telephone Lic.No.00858775 2566 Macdonald Avenue (415)235-3568 Richmond,California 94804-1833 September 23 , 1986 Clerk of the Board of Supervisors C4E a Jc' County of Contra Costa ay o pr 6 651 Pine Street to saPa. Martinez , CA 94553 Som Dear Clerk of the Board of Supervisors: 'y These offices will be representing Miriam Bryant, claimant under the claim enclosed in this letter. Please be advised that this claim is connected to the law- suit that has been filed against the County on November 13, 1984, entitled (I presume) Elvyn C. Howell and Ayen House Movers, Inc. , vs. Contra Costa County. The case number i qhs For further information about this case and the relation of the case to the claim enclosed, County Counsel should contact Myron F. Tower at telephone number ( 415) 352-7246. My client Miriam Bryant may either join in or intervene upon the lawsuit that has been filed or pursue an alternative remedy either against the County or Mr. Howell or both. Please call if you have any questions. I request that this claim be referred to County Counsel. Very truly ours, CY EPS EIN CE:jm Enclosure CERTIFIED MAIL-RRR cc: Miriam Bryant TO: CONTRA COSTA COUNTY Miriam Bryant hereby makes claim against CONTRA COSTA COUNTY for a sum to be determined and makes the following statements in support of the claim: 1. Claimant' s post office address is 4071 St. James Drive, E1 Sobrante, California 94803 . 2. Notices concerning the claim should be sent to Law Offices of Cy Epstein, 2566 Macdonald Avenue, Richmond, CA 94804- 1833 . Mr. Epstein will be representing me in regard to this claim. 3 . The date and place of the occurrence giving rise to this claim are as follows: Continually for a period of years, and as recently as August of 1986, at 4071 St. James Drive, E1 Sobrante. 4. The circumstances giving rise to this claim are as follows: Work performed by the County of Contra Costa on Montera Court and certain work that it failed to do, has caused the destruction of adjacent properties, with the result that my property has been subject to landslides. 5. The amount of damages suffered under this claim are at present unknown to claimant but the amount will be supplied as soon as it is known. Claimant has ordered an estimate from a reliable construction company. 6. The names of the public employees causing the claimant' s damages are unknown. 7 . My claim as of the date of this claim is yet unknown to me; when the ascertained, this claim will be amended to show a proper amount. 8. The basis of computation of the claim, when the amount is known, shall be sent with an amended claim. DATED: September 22 1986 MIRIAM BRYANT 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 21 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Uns ecified Section du and 915.4. Please not all ,..�pp�I{iy5" p �•y CGL!ns. �! CLAIMANT: DOROTHY A. GRAHAM ET AL SEP 3:0 1986 c/o Stephen C . Kenney, Esq . , Moris Davidovitz , Esq. , ATTORNEY: Scott: D. Raphael , Esq. CA c45.`...; Fisher & Hurst Date received ADDRESS: four Embarcadero Center BY DELIVERY TO CLERK ON September 25 , 1986 25th Floor San Francisco , CA 94111-4132BY MAIL POSTMARKED: September 17 , 1986 Certified P017 967 688 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a Copy of the above-noted claim. IL BATCHELOR. Clerk _ / DATED:_ September 29 , 1986 fib: Deputy � t AI. .- 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: (! Z;(_ BY: LZ-4-d-<-446pe�y 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: 8y unaimous 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 2 1 1986 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. .You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING ].declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. ` Dated: QCT 2 2 1986 BY: PHIL BATCHELOR by Deputy Clerk I CC: County Counsel County Administrator V MORIS DAVIDOVIT2, ESQ. SCOTT D. RAPHAEL, ESQ. r LAW OFFICES OF 1 FISHER 8 HURST RECEIVED FOUR EMBARCADERO CENTER 2 SAN FRANgISCO. CALIFORNIA 94111 SLI I1tp 19 TELEPHONE (415) 956.8000 J � N 3 rHA GATCHEipo7. G. 3A,-0$ A` 4 E. . DeI<. 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, as the Executor of the ESTATE OF 6 JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) THE ESTATE OF JAMES M. GRAHAM, ) 12 ) CLAIM FOR INDEMNITY Claimant, ) 13 ) v. ) 14 ) COUNTY OF CONTRA COSTA, ) 15 ) Respondent. ) 16 ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executor of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is as follows : 23 DOROTHY A. GRAHAM, as the Executor of the 24 ESTATE OF JAMES M. GRAHAM c/o FISHER & HURST 25 Attn: Stephen C. Kenney, Esq. Moris Davidovitz, Esq. 26 Scott D. Raphael, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- ' 1 2. The post office address to which claimant desires notice of this claim to be sent is as follows : 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. Scott D. Raphael, Esq. 4 FISHER & HURST Four Embarcadero Center, 25th Floor 5 San Francisco, California 94111-4132 6 3 . On December 23, 1985, in the City of Concord, County of Contra Costa, California, James M. Graham, John Frederick 7 Lewis and Brian Ward Oliver, were occupants of a Beechcraft Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft 8 crashed while attempting a landing at the Concord Buchanan Field Airport . All three occupants of said aircraft were 9 killed in the crash. NORA L. TAYLOR claims to have been injured in the crash, which occurred at the Sun Valley Mall, 10 located in the City of Concord, County of Contra Costa, California . 11 4 . The County of Contra Costa is responsible for the 12 design, construction, maintenance, operation, and certification of the Concord Buchanan Airport, and control of 13 its use. The County of Contra Costa is further responsible for the certification, permission, approval, and the provision 14 of zoning and ordinances permitting the construction of the Sun Valley Mall, attracting a great number of persons, in 15 close proximity to the Buchanan Field Airport, and below and directly within a heavily traveled air corridor in the 16 vicinity of the airport . 17 5 . On August 28, 1986, a complaint for damages was filed in the Superior Court of the State of California, In and 18 For the County of Contra Costa, by NORA L. TAYLOR, (A true and correct copy of said complaint, Action No . 290470, is attached 19 hereto as Exhibit "A" , and incorporated herein by reference) . The complaint alleges, inter alis, that on December 23, 1985, 20 decedent James M. Graham and others negligently operated and controlled the subject aircraft, causing it to crash while 21 attempting a landing at the Concord Buchanan Airport. Said complaint was served upon claimant, Estate of Graham, on or 22 about September 16, 1986 . 23 6 . If, in fact, plaintiff NORA L. TAYLOR sustained damages as alleged in her complaint in Action No. 287075, said 24 damages were caused by the primary and active negligence or other fault of the County of Contra Costa. Claimant, 25 therefore, alleges that it is entitled as a matter of law to indemnity from the County of Contra Costa for any judgment or 26 -2- 1 settlement in favor of plaintiff NORA L. TAYLOR, together with 2 claimant ' s attorneys ' fees and costs . 7. Further, if claimant is liable to plaintiff 3 NORA L. TAYLOR, it will be because of the comparative negligence or other fault of the County of Contra Costa. 4 Accordingly, claimant alleges that the County of Contra Costa is required by law to contribute to the amount of any judgment 5 or settlement in favor of plaintiff NORA L. TAYLOR, in accordance with the comparative degree and nature of its fault 6 in causing said plaintiff ' s damages, if any, and is required to reimburse and indemnify and hold claimant harmless for the 7 amount of any such judgment or settlement which is in excess of claimant ' s proportional share thereof, if any, as 8 determined by the comparative degree and nature of the respective fault in causing plaintiff ' s damages, if any. 9 8. As of the date of the filing of this claim, the 10 extent of the damages and injuries incurred by plaintiff in the above-mentioned action is unknown to claimant, and will be 11 determined in the aforementioned, pending litigation. 12 9 . At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 13 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant . 14 10 . At the time of the presentation of this claim, 15 claimant seeks the total amount of potential recovery by plaintiff in Contra Costa County Superior Court Action No. 16 290470, (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra 17 Costa to provide a defense to and indemnify claimant for any and all damages, costs, and attorney' s fees it may suffer as a 18 result of the complaint brought by plaintiff, NORA L. TAYLOR, against claimant, in Superior Court Action No. 290470, filed 19 in the Contra Costa County Superior Court . 20 DATED: September 1986 . 21 FISHER & ST 22 BY: _ SCOTT RAPHAEL, Attor3ieys 23 for Claimant, DOROTHY A. GRAHAM, as the Executor of the 24 ESTATE OF JAMES M. GRAHAM, Deceased. 25 26 -3- : Cnac 1 ROBERT W. LAllARINI, ESQ. LAllARINI & FRAZIER 2 A Professional Corporation AUG 28 1980 49 Quail Court , Suite 212 3 Walnut Creek, CA 94596 R. OLssON. County clerk Telephone: (415 ) 934-5000 CONTRA WSTA COON! 4 1r Attorneys for -Plaintiff 5 NORA L. TAYLOR 6 IL7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF CONTRA COSTA 9 10 NORA L. TAYLOR NO. 290470 11 Plaintiff, COMPLAINT FOR DAMAGES 12 1. Negligence VS . -2. Nuisance 13 3. Breach of Warranty BEECHCRAFT AIRCRAFT CO. ; 4. Strict Products •14 BEECHCRAFT WEST, a California Liability Corporation ; TELEDYNE 5. Negligent Infliction of 15 CONTINENTAL MOTORS, a division Emotional Distress of TELEDYNE INDUSTRIES, INC. ; 6. Punitive Damages 16 ESTATE OF JAMES MOUNTAIN GRAHAM; GENERAL AIR SERVICE, a 17 California Corporation ; JAMES V. MAGEEAN ; ARK DISTRIBUTING 18 COMPANY; CITY OF CONCORD; COUNTY OF CONTRA COSTA; 19 BUCHANAN-'FIELD AIRPORT; SUNVALLEY ASSOCIATION dba 20 SUNVALLEY MALL SHOPPING CENTER; TAUBMAN COMPANY, INC. ,, a 21 Michigan Corporation ; WELLS FARGO BANK, as Trustee and 22 buccessor-In Interest to the TAUBMAN COMPANY, INC. , ; R. H . 23 MACY, INC. ; and DOES ONE through ONE HUNDRED, inclusive, 24 Defendants. / 25 Plaintiff alleges as follows : 26 1. Plaintiff NORA L. TAYLOR was injured on ua G.cr• '/ �� . • :arini 6t Frazier .rSSC Cowroa.Tyw EX r as ara Cot+T {�a_I/��• ■f■(vim 001`9 a4 oiru CAA.000 .Naaa ..e,934 a000 1 December 23, 1985, at the Sun Valley Mall as hereinafter set 2 forth. 3 2. Plaintiff herein timely filed her amended claim 4 against the City of Concord and the County of Contra Costa on or 5 about March 27, 1986. The CITY denied Plaintiff' s claim on or 6 about- April 1 , 1986. The COUNTY denied Plaintiff' s claim on or 7 about April 29 , 1986. 8 FIRST CAUSE OF ACTION (For Negligence Against All Defendants) 9 3. That the true names or capacities, whether individual , 10 4ssociate , corporate or otherwise, of defendants DOES 1 through 11 500, inclusive, and each of them, are unknown to plaintiff, who 12 therefore sues defendants by such fictitious names. Plaintiff is 13 informed and believes and thereon alleges that each of the 14 defendants designated herein as a DOE is responsible in some 15 actionable manner for the events and happenings herein referred 16 to, and caused injuries and damages proximately thereby to 17 plaintiff as hereby alleged. 18 4. At all times herein mentioned each of the defendants 19 named herein, including, without limitation each DOE defendant, 20 was the agent, servant, employee or otherwise acting in concert 21 of each of the remaining defendants and was at all times acting 22 within the purpose and scope of said agency, service and 23 employment, or acting in concert to bring about the damages 24 alleged herein. 25 5. That at all times herein mentioned, defendants SUN 26 VALLEY SHOPPING CENTER and each of them, are located at U6'O 'CES La;carini & Frazier ''° ESSIOV.L CORROR.TiON 19 W.il CW.r SUITE 34 .CJI CREEK.C Li CRNI.91596 .15,9L 50 1 Number 1 Sun Valley Mall in the City of Concord, State of 2 California. Defendants SUNVALLEY SHOPPING CENTER, CITY OF 3 CONCORD, and COUNTY OF CONTRA COSTA are being sued as a result of 4 their negligently, carelessly, wantonly and recklessly placing a 5 shopping center that attracts a great number of people on a 6 heavily trafficked air corridor in the vicinity of the Buchanan 7 Field Airport and failing to operate same in a safe manner . g 6. At all times herein mentioned, the WELLS FARGO BANK, 9 Trustee for the TAUBMAN COMPANY, INC. , and its predecessors of 10 interest, the TAUBMAN COMPANY, INC. , a Michigan corporation, and 11 Does 1 through 20, were corporations or other entities doing 12 business in the State of California for the purpose of owning, 13 placing, managing and maintaining defendants SUN VALLEY MALL AND 14 SHOPPING CENTER. Said defendants are doing business in the State 15 of California and maintain more than minimal contacts. The above 16 defendants along with the CITY OF CONCORD and COUNTY OF CONTRA 17 COSTA are hereby being sued as a result of their negligent, 18 careless, wanton and reckless behavior of placing and maintaining 19 a shopping center in the area of a busy air corridor in the 20 vicinity of the Buchanan Field Airport. These defendants knew, 21 or should have known, that during a fog, aircraft would make a 22 missed approach and fly over their mall in a very vulnerable 23 position therefore causing a risk of disaster and destruction. 24 Said defendants knew or should have known that it was reasonably 25 foreseeable that an aircraft might collide with their maintained 26 premises and were therefore negligent in not providing uwd ,CES anti-collision lights or beacons on the buildings or designing l,a:zarini & Frazier °^ ESSIONAL COPD RATION .9p AIL COURT -3- SOTE 21] .NUT CREEK.ULWO9N1.9<596 WS19u5000 1 and maintaining an adequate fire suppression, warning and escape 2 system for- the general public. 3 7 . R. H. MACY, INC. , and DOES 100 through 300, inclusive , 4 were at all times relevant business entities luring customers 5 into the mall while knowing that their location was dangerous du 6 to the close proximity to Buchanan Field Airport and knowing the 7 likelihood of an air crash from planes using Buchanan Field 8 Airport. Said defendants knew or should have known that it was 9 reasonably foreseeable that an aircraft might collide with their 10 maintained premises and were therefore negligent in not providin 11 anti-collision lights or beacons on the buildings or designing 12 and maintaining an adequate fire suppression, warning and escape 13 system for the general public. 14 8 . That at all times herein mentioned, decedent JAMES 15 MOUNTAIN GRAHAM, JAMES V. MAGEEAN, ARK DISTRIBUTING COMPANY, 16 INC. , and defendants GENERAL AVIATION SERVICES and DOES 21 17 through 40 and each of them, were the owners and operators of 18 defendants' BEECHCRAFT BARON AIRCRAFT, registration number N1494 19 Said defendants, and each of them, are hereby being sued as a 20 result of negligently, carelessly, recklessly and wantonly 21 operating, maintaining, controlling, aviating and navigating sai 22 aircraft so as to proximately cause the crash in defendants' 23 shopping mall thereby seriously injuring the plaintiff. 24 9 . That at all times herein mentioned, defendants 25 BEECHCRAFT AIRCRAFT COMPANY, BEECHCRAFT WEST, and DOES 41 throug 26 60, inclusive, negligently, carelessly, recklessly and wantonly LAN O1 ES :,.ini & Frazier designed, assembled, manufactured and distributed said aircraft 'S�E5510NLL CORM 1p1 49 9u.1L COV NI '•UI C.0 C.IIE 212 u9.596 so that said aircraft could not be properly controlled by -4- 1 defendant JAMES MOUNTAIN GRAHAM, and each of them, so as to 2 proximately cause said aircraft to crash into said defendants' 3 mall . 4 10. On or about December 23, 1985 , defendants and 5 decedent, JAMES MOUNTAIN GRAHAM, JAMES V. MAGEEAN, and ARK 6 DISTRIBUTING COMPANY, INC. , so negligently, carelessly, wantonly 7 and recklessly maintained and controlled and repaired 8 said aircraft so as to proximately cause said aircraft to crash 9 in the mall thereby proximately causing the plaintiff to suffer 10 severe personal injuries. 11 11 . That at all times herein mentioned, GENERAL AVIATION 12 SERVICES, DOE AIRCRAFT REPAIR SERVICE, JAMES MOUNTAIN GRAHAM, 13 JAMES V. MAGEEAN, ARK DISTRIBUTING COMPANY, INC. , and DOES 21 14 through 40, inclusive, so negligently, carelessly, wantonly and 15 recklessly maintained and repaired said aircraft so as to render 16 said aircraft inoperable proximately causing said aircraft to 17 crash in the shopping mall, thereby causing the plaintiff to 18 suffer severe personal injuries. 19 12. That at all times herein mentioned, defendants DOE 20 CIVIL ENGINEERING COMPANY and DOE ARCHITECTURAL COMPANY and DOES 21 61 through 80 , located said mall and gave advice to locate said 22 mall under the main corridor of air traffic from Buchanan Field 23 Airport. As a direct and proximate result of placing large 24 numbers of the public and enticing them to go to a shopping 25 center , large numbers of the public were placed in a very 26 dangerous position. Said placement of said shopping center under v.«arcrs -5- & 5& {ra:icr TJ CSS'ONKL CCR J4.r1ON 49 OU.II COURT S Iyr 2t2 ',JT CREEK.C.I.ORI'R.94596 r.i393.5000 1 the air corridor of a busy airport was negligently, carelessly, 2 wantonly and recklessly promoted by said defendants, and each of 3 them. 4 13. As a further, proximate result of the negligence of 5 defendants, and each of them, plaintiff suffered a loss of 6 earnings and earning capacity which has been greatly impaired, 7 both in the past, present and future, in an amount according to g proof . 9 14. As a further , proximate result of the negligence of 10 of defendants, and each of them, plaintiff has incurred and will 11 continue to incur, medical and related expenses in an amount 12 according to proof. 13 15. As a proximate result of the negligence of 14 defendants, and each of them, plaintiff was hurt and injured in 15 her health, strength, and activity, sustaining injury to her 16 nervous system and person, all of which injuries have caused, and 17 continue to cause , plaintiff great mental , physical and nervous 18 pain and suffering. Plaintiff is informed and believes and 19 thereon alleges that such injuries will result in some permanent 20 disability. As a result of such injuries, plaintiff has suffered 21 general damages in an amount according to proof . 22 SECOND CAUSE OF ACTION 23 [Nuisance] 24 16. Plaintiff alleges as though fully set forth at 25 length, and incorporates herein by this reference, all of the 26 allegations of Paragraphs 1 through 15, inclusive. 6'ariUw dTC F.S -6- 'a rini ni & Frasier ' ✓<ESS-01.L CORROR.TION •9 OU41L COURT SUITE 212 -.,,CREEK,CALWORN11 94596 .i595.5000 1 17 . Defendants CITY, COUNTY, TAUBMAN, WELLS FARGO, and 2 DOES ONE through TWENTY, inclusive , and each of them, in 3 building, constructing, placing , approving, ratifying and 4 permitting the building and continued operation of the SunValley 5 Mall too close to Buchanan Field Airport and in the path of 6 established flights, landings and missed landing patterns at said 7 airport, committed and maintained a nuisance , resulting in 8 personal injuries to the plaintiff, as set forth more 9 particularly hereinafter . 10 18. Defendants CITY, COUNTY, and DOES ONE through TWENTY, 11 inclusive, and each of them, permitted planes attempting to land 12 at AIRPORT to come too close to the mall; failed to properly 13 supervise and control flights and landings; failed to properly 14 supervise operations of AIRPORT; permitted landings under fog 15 conditions ; failed to maintain sufficient flight controller 16 operations ; failed to maintain adequate navigational aids; and 17 permitted planes to land on December 23, 1985, under dangerous 18 conditions without proper monitoring or flight controller 19 direction and guidance to the danger of the public and to the 20 actual injury of plaintiff and constituted a nuisance. 21 19. As a direct and proximate result of the aforesaid 22 conduct of defendants, and each of them, plaintiff suffered 23 severe and permanent injuries . 24 THIRD CAUSE OF ACTION [Breach of Warranty 25 20. Plaintiff alleges as though fully set forth at 26 -7- V+'Orr_CS I.a::arini & Frasier '-'FESSOI.L CO.RO..T�O' 49 OUAIL COURT SUITE 212 '.1T CREEK CALIFORNIA 94596 1419,914 5000 1 length, and incorporates herein by this reference, all of the 2 allegations of Paragraphs 1 through 19, inclusive. 3 21 . Defendants, and each of them, expressly and/or 4 impliedly warranted that the BEECHCRAFT BARON, registration 5 number N1494G, was airworthy, of merchantable quality, and fit 6 and safe for the purpose for which it was designed, manufactured , 7 assembled, sold , intended and used, and was free from all 8 defects ; and reliance was made upon said warranties. 9 22. Defendants, and each of them, breached said 10 warranties in that the said aircraft was not airworthy, of 11 merchantable quality, fit or safe for the purpose for which it 12 was designed, manufactured, assembled and sold, intended and 13 used, and further it was not free from all defects, and as a 14 result thereof, plaintiff NORA L. TAYLOR sustained severe 15 injuries . 16 23. As a direct and proximate result of the aforesaid 17 conduct of defendants, and each of them, plaintiff suffered 18 severe and permanent injuries . 19 FOURTH CAUSE OF ACTION 20 ( For Products Liability/Strict Liability) In Tort Against Defendants BEECHCRAFT AIRCRAFT COMPANY, 21 AND DOES 21 through 61 , inclusive, 22 24. Plaintiff realleges paragraphs 1 through 23 as though 23 fully set forth herein. 24 25. Said aircraft was defectively designed, manufactured 25 and assembled proximately causing . said aircraft to crash into 26 said mall . -8- V+OTTC F.S Lazzarini SE Frazier �O CSS-01.1 CORROR.lcr .9 W.'L CQ"T SUITE 212 .'•UTCREER C WOR11.91596 1.151934 5000 1 26. That at all times herein mentioned, said BEECHCRAFT 2 BARON AIRCRAFT was designed, manufactured, and assembled and 3 distributed for the purpose of flying in the air and safely 4 transporting persons and property in a safe manner so that said 5 aircraft would not crash as a result of any of its parts or 6 components. 7 27. That as a direct and proximate result of the 8 defective manufacture, assemply and design and distribution of 9 said BEECHCRAFT BARON AIRCRAFT involved in said accident, said 10 aircraft did crash proximately causing severe personal injuries 11 to the plaintiff who was a pedestrian and shopper in defendants' 12 mall. 13 28 . Defendants, and each of them, knew, or should have 14 known, that the airplane and its component parts would be used 15 without inspection for defects therein or in any of its component 16 parts . 17 FIFTH CAUSE OF ACTION 18 [Negligent Infliction of Emotional Distress] 19 29 . Plaintiff alleges as though fully set forth at 20 length, and incorprates herein by this reference, all of the 21 allegations of Paragraphs 1 through 28, inclusive. 22 30. As a direct and proximate result of the negligence of 23 defendants, and each of them, as described more fully above , 24 plaintiff NORA L. TAYLOR has suffered great mental suffering and 25 emotional distress occasioned by 'witnessing injuries and 9-& 26 -9- & �'fJI V•( 25 All C..w»9TiON 'SUITE 213 ••JT C.EEK VWORNi.94595 .Si 9J.5000 1 the severe burning of those around her after she sustained 2 personal injuries. 3 31 . Defendants should reasonably have foreseen that their 4 serious commissions and omissions would lead to the serious 5 emotional distress for the reasons stated heretofore above . 6 32. Based on this negligent infliction of serious 7 emotional distress by defendants, plaintiff NORA L. TAYLOR is 8 entitled to general damages. 9 SIXTH CAUSE OF ACTION (For Punitive Damages and Exemplary Damages 10 Against Defendants WELLS FARGO BANK, as Trustee for the TAUBMAN COMPANY, INC. , the TAUBMAN 11 COMPANY, INC. , SUN VALLEY SHOPPING CENTER, SUN VALLEY MALL, and DOES 1 through 20 , inclusive. ) 12 33. Plaintiff realleges paragraphs 1 through 27 of the 13 First and Second Causes of Action as though fully set forth 14 herein. 15 34. Plaintiff alleges a cause of action for punitive 16 damages and exemplary damages in the sum of FOUR MILLION DOLLARS 17 on facts alleged in this complaint. 18 35. That at all times herein mentioned, Buchanan Field 19 Airport is an airport which purchased its land in 1942 and 20 started operations in 1946. During heavy fog, when the airport 21 lights cannot be seen, "missed approaches" are common and at such 22 times airplane pilots are flying by instruments. The stress 23 level of pilots during such maneuvers of aviating, navigating and 24 communicating to the tower is extremely high. The probability of 25 26 -10- uw Or CES Laczarinl & Frazier ' O ESS 01.1 CO.� .Tr .9 O=L CW.' WTE 212 %JT C.EEw C.LFO.NI.91596 .Si 93.5000 1 a crash of a circling plane during these times are statistically 2 much higher than normal. All property within a one mile radius 3 of an airport is in a foreseeably dangerous position. 4 Defendants, and each of them, knew of said danger but acted in 5 conscious disregard of the danger that potential customers and 6 users of said mall might undergo if they selected said site for 7 said shopping mall because inexpensive land can- be purchased in 8 the vicinity of airports . Defendants, and each of them, were 9 also aware that the mall would be used at night . The darkness 10. when coupled with fog created an even greater risk. Members of 11 the general public who are not as sophisticated as architects, 12 engineers and shopping center developers would not know of this 13 foreseeable danger and would shop at said mall feeling perfectly 14 safe. 15 36. As a direct and proximate result of said conscious 16 disregard of the safety and life of the potential users of the 17 mall, said mall was located in said dangerous location thereby 18 attracting thousands of potential shoppers and placing them in a 19 very precarious position. 20 37. As a direct and proximate result of said conscious 21 disregard of the rights and safety of potential shoppers and 22 users of the mall, plaintiff was attracted to said mall on a 23 foggy night, thereby placing her in extreme danger of an airplan 24 crash which did occur proximately causing severe personal 25 injuries to the plaintiff. 26 -11- UwO -CES Laccarini & Frazier -J ESS1 I-LCORPORATION 49 OU.1L CdIRT SUITE 212 ,T CRESS GLWORHl.94596 1.15,Ou 5D 1 38 . Defendants knew that by placing said shopping center 2 in a radius within one mile of an airport that a crash was 3 inevitable and that said crash had a high likelihood of occurring 4 on their mall. Defendants, and each of them, knew of said danger 5 but in conscious disregard of the probability of a disasterous 6 air crash, and solely for their own pecuniary gain, placed 7 Defendant Mall in the inexpensive land immediately surrounding 8 said airport. In so doing, said Defendants, and each of them, 9 acted maliciously, wantonly and willfully, and with the intent t 10 vex, injure and annoy Plaintiff, and the general public, and in 11 manner as described in California Civil Code Sec. 3294. 12 Plaintiff is therefore entitled to punitive and exemplary damage 13 in an amount determined to be just by the trier of fact so as to 14 prevent and deter said dangerous conditions and continuing 15 dangerous conditions all to the public' s detriment as herein 16 before and hereinafter set forth. 17 WHEREFORE, plaintiff prays judgment against defendants, 18 and each of them, as follows: 19 1 . General and special damages in an amount as alleged 20 herein or according to proof at trial; 21 2. Damages for medical and related expenses, according t 22 proof; 23 3. Damages for loss ofearnings and earning capacity, 24 according to proof; 25 4. Damages for plaintiff' s other economic losses, 26 according to proof; Lew O ICES 2- La::arini &L Frazier -O ESS�ON.L CO.o RATS N 49 OLI4 1L CO RT SUFE 212 .'•VT CREEK CALIFORNIA"596 1.15193.50 1 5. For punitive or exemplary damages in the amount of 2 $4,000,OOA.00; 3 6. Interest on all sums allowed by law; 4 7. Plaintiff' s costs of suit incurred herein; 5 8 . For reasonable attorneys' fees incurred in bringing 6 this action; and 7 9 . For such other and further relief as the Court deems 8 just and proper. 9 Dated: August 1 , 1986 . 10 11 LAZW. R A p� ation 12 13 By 14 INI, 15 Attorney for Plaintiff 16 17 18 19 20 21 22 23 24 25 26 uw rvrC[5 La=o vini & Fraciar —13 rESS.ONAL CORS AT,CN 19 W41l CWRt SUITE 212 '•JY CREE..C.LIrO.Nl6 9.396 uqi 9LSOOO t 1 VERIFICATION 2 3 4 5 I , the undersigned, declare and say: 6 I am a party to the within entitled matter; I have read 7 the foregoing COMPLAINT FOR DAMAGES and know the contents 8 thereof, and the same is true of my own knowledge except as to 9 the matters therein contained which are stated on information or 10 belief, and as to such matters, I believe them to be true. 11 I declare under penalty of perjury that the foregoing is 12 true and correct . 13 Executed at Walnut Creek, California, this day of 14 , 1986. 1,7 15 - 16 /�L N RA L. TAYLOR 17 18 19 20 21 22 23 24 25 26 Uw OrriCES T-a::arirzi & Frazier 'gsEszoNu co.>J..rron SUITE 212 '•Jr rAEEa(�llr(Jq Hl.9.596 1.15,9J.5000 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 21 986 _ and Board Action. All Section references are to The copy of this document mailed to you is your notice o California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unspecified Section 913 and 915.4. Please not all " ARNI�YVC" G��uoL 1nsel CLAIMANT: DOROTHY A. GRAHAM ET AL c/o Fisher & Hurst SEP, 2 1193b ATTORNEY: At Stephen C. Kennedy, Esq. (vlariinL" Ca 9'15'"• Moris Davidovitz, Esq. Date received ADDRESS: Scott D. Raphael, Esq. BY DELIVERY TO CLERK ON September 12 1986 Four Embarcadero Center 25th Floor BY MAIL POSTMARKED: September 19 1986 San Francisco, CA 94111-4132 Certified P 017 967 698 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: 23 September Pp IL BATCHELOR, Clerk [Ji7lC�C1 P 1986 B�: 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: �i / �D BY. u �9LC.l�.�/rt Deputy County Counsel 111. FROM: Clerk off 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 unaimous 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 2 1 1�6 PHIL BATCHELOR, Clerk, By � � Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. OCT 2 21986 �_. /�fJ//�� Dated: BY: PHIL BATCHELOR by G?�C'�Deputy Clerk CC: County Counsel County Administrator ' STEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. SCOTT D. RAPHAEL, ESQ. LAW OFFICES OF 1 FISHER & HURST FOUR EMBARCADERO CENTER 2 SAN FRANCISCO. CALIFORNIA 94111 TELEPHONE (415) 956.8000 3 r o, 4 q 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, y as the Executor of the ESTATE OF 6 JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) THE ESTATE OF JAMES M. GRAHAM, ) 12 ) CLAIM FOR INDEMNITY Claimant, ) 13 ) v. ) 14 ) COUNTY OF CONTRA COSTA, ) 15 ) 16 Respondent . ) ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executor of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is as follows : 23 24 DOROTHY A. GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM c/o FISHER & HURST 25 Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Scott D. Raphael, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- r 1 2 . The post office address to which claimant desires notice of- this claim to be sent is as follows : 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. Scott D. Raphael, Esq. 4 FISHER & HURST Four Embarcadero Center, 25th Floor 5 San Francisco, California 94111-4132 6 3 . On December 23 , 1985, in the City of Concord, County of Contra Costa, California, James M. Graham, John Frederick 7 Lewis and Brian Ward Oliver, were occupants of a Beechcraft Baron BA55A Aircraft, FAA Reg . No. N1494G, when said aircraft 8 crashed while attempting a landing at the Concord Buchanan Field Airport. All three occupants of said aircraft were 9 killed in the crash. SUE TRICE and JIM TRICE, individually, JARED TRICE, a minor, by and through his Guardian ad Litem, 10 SUE TRICE, claim to have been injured in the crash, which occurred at the Sun Valley Mall, located in the City of 11 Concord, County of Contra Costa, California . 12 4 . The County of Contra Costa is responsible for the design, construction, maintenance, operation, and 13 certification of the Concord Buchanan Airport, and control of its use. The County of Contra Costa is further responsible 14 for the certification, permission, approval, and the provision of zoning and ordinances permitting the construction of the 15 Sun Valley Mall, attracting a great number of persons, in close proximity to the Buchanan Field Airport, and below and 16 directly within a heavily traveled air corridor in the vicinity of the airport. 17 5 . On June 3 , 1986, a complaint for damages was filed 18 in the Superior Court of the State of California, In and For the County of Contra Costa, by SUE TRICE and JIM TRICE, 19 individually, JARED TRICE, a minor, by and through his Guardian ad Litem, SUE TRICE, (A true and correct copy of said 20 complaint, Action No. 287075, is attached hereto as Exhibit "A" , and incorporated herein by reference) . The complaint 21 alleges, inter alia, that on December 23, 1985, decedent James M. Graham and others negligently operated and controlled the 22 subject aircraft, causing it to crash while attempting a landing at the Concord Buchanan Airport. Said complaint was 23 served upon claimant, Estate of Graham, on or about September 8, 1986 . 24 6 . If, in fact, plaintiffs SUE TRICE and JIM TRICE, 25 individually, JARED TRICE, a minor, by and through his Guardian ad Litem, SUE TRICE, sustained damages as alleged in 26 their complaint in Action No. 287075, said damages were caused by the primary and active negligence or other fault of the -2- I County of Contra Costa. Claimant, therefore, alleges that it is entitled as a matter of law to indemnity from the County of 2 Contra Costa for any judgment or settlement in favor of plaintiffs, SUE TRICE and JIM TRICE, individually, JARED 3 TRICE, a minor, by and through his Guardian ad Litem, SUE TRICE, together with claimant ' s attorneys ' fees and costs . 4 7. Further, if claimant is liable to plaintiffs, 5 SUE TRICE and JIM TRICE, individually, JARED TRICE, a minor, by and through his Guardian ad Litem, SUE TRICE, it will be 6 because of the comparative negligence or other fault of the County of Contra Costa. Accordingly, claimant alleges that 7 the County of Contra Costa is required by law to contribute to the amount of any judgment or settlement in favor of 8 plaintiffs, SUE TRICE and JIM TRICE, individually, JARED TRICE, a minor, by and through his Guardian ad Litem, SUE 9 TRICE, in accordance with the comparative degree and nature of its fault in causing said plaintiffs ' damages, if any, and is 10 required to reimburse and indemnify and hold claimant harmless for the amount of any such judgment or settlement which is in 11 excess of claimant ' s proportional share thereof, if any, as determined by the comparative degree and nature of the 12 respective fault in causing plaintiffs ' damages, if any. 13 8 . As of the date of the filing of this claim, the extent of the damages and injuries incurred by plaintiffs in 14 the above-mentioned action is unknown to claimant, and will be determined in the aforementioned, pending litigation. 15 9 . At the present time, the identity of the employee or 16 employees of the County of Contra Costa who caused the creation and continued existence of the aforementioned 17 dangerous conditions, is unknown to claimant. 18 10 . At the time of the presentation of this claim, claimant seeks the total amount of potential recovery by 19 plaintiffs in Contra Costa County Superior Court Action No. 287075, (the total amount of which is presently unknown to 20 claimant) and recognition of the duty of the County of Contra Costa to provide a defense to and indemnify claimant for any 21 and all damages, costs, and attorney' s fees it may suffer as a result of the complaint brought by plaintiffs 22 23 24 25 26 -3- 1 SUE TRICE and JIM TRICE, individually, JARED TRICE, a minor, by and through his Guardian ad Litem, SUE TRICE, against 2 claimant, in Superior Court Action No. 287075, filed in the Contra Costa County Superior Court. 3 DATED: September 1986./ , 4 FISHER & HJJ ' 5 .:- BY: �--m 6 SCOT D. RAPHAEL, Attorneys for Claimant, DOROTHY A. 7 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM, 8 Deceased. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -4- 26 LAW OFFICES OF 1 WALKUP, SHELBY. BASTIAN. MELODIA KELLY & O'REILLY 2 A PROFESSIONAL CORPORATION 650 CALIFORNIA STREET 1 .. 3 SAN FRANCISCO. CALIFORNIA 94108 TELEPHONE (415) 961.7210 I ll r 11., 5 ATTORNEYS FOR PLAINTIFF 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 SUE TRICE and JIM TRICE, ) 2 87 n 7 7 individually, JARED TRICE, ) NO. U J 11 a minor, by and through his ) Guardian ad Litem, SUE TRICE, ) COMPLAINT FOR DAMAGES 12 ) (Personal Injury) Plaintiffs , ) 13 ) vs. ) 14 ) THE BEECH AIRCRAFT CORPORATION, ) 15 GENERAL AVIATION SERVICES, ) JAMES McGHEEHAN, THE ESTATE OF ) 16 JAMES MOUNTAIN GRAHAM, THE SUN ) VALLEY SHOPPING MALL, R.H. MACY) 17 INC. , THE TAUBMAN COMPANY, INC. ) WELLS FARGO BANK, as trustee of ) 18 THE TAUBMAN COMPANY, INC. , ) CITY OF CONCORD, COUNTY OF ) 19 CONTRA COSTA, DOES ONE through ) THREE HUNDRED, inclusive, ) 20 ) Defendants. ) 21 ) 22 FIRST CAUSE OF ACTION (Negligence ) 23 Plaintiffs complain of defendants, and each of them, and 24 for a First Cause of Action allege: 25 1 . The true names or capacities , whether individual, 26 corporate, governmental or associate of the defendants named 1 herein as DOE are unknown to plaintiffs who therefore sue said 2 defendants by such fictitious names. Plaintiffs pray leave to 3 amend this complaint to show their true names and capacities 4 when the same have been finally determined. 5 Plaintiffs are informed and believe and, upon such information 6 and belief , allege that each of the defendants designated herein 7 as DOE is negligently or otherwise legally responsible in some 8 manner for the events and happenings herein referred to, and 9 negligently or otherwise caused injury and damages proximately 10 thereby to plaintiffs, as is hereinafter alleged. 11 2 . At all times herein mentioned, each and every of the 12 defendants herein was the agent, servant, partner, employee, 13 joint venturer and franchisee of each of the remaining defendants, 14 and at all times acting within the course and scope of said agency, 15 service, partnership, employment, joint venture and franchise 16 and each defendant has ratified and approved the acts of the 17 remaining defendants. 18 3 . By Order of this Court, Sue Trice has been appointed 19 and is serving as the Guardian ad Litem of Jared Trice, a minor. 20 4 . At all times herein mentioned, defendant Beech Aircraft 21 Corporation was a Kansas corporation doing business in the State 22 of California. 23 5 . At all times herein mentioned DOES ONE through FIVE 24 were engine manufacturers licensed to do and doing business within 25 the State of California. LAW OFFICES 0.26 6 . At all times herein mentioned, DOES SIX through TWENTY WALKUP.SHELBY.BASTIAN. OELODIA.KELLY 8 O'REILLY -2- A PROFESSIONAL CORPORATION +t.AATFOPD BLDG-307.FLOOR BSO CALIFORNIA STREET SAN FRANCISCO. CA 94108 14151 9817210 I were instrument or other component manufacturers licensed to 2 do and doing business within the State of California. 3 - 7 . At all times herein mentioned defendants Beech Aircraft 4 Corporation and DOE ONE through DOE TWENTY-FIVE, inclusive, 5 designed, processed, constructed, manufactured, assembled, 6 prepared, selected materials , parts and components , represented 7 to tests and inspect, manage, maintain, repair, service, own 8 and sold a certain twin engine aircraft known as the Beechcraft 9 Baron. 10 8 . At all times herein mentioned, defendants and each of 11 them so negligently and carelessly designed, processed, 12 constructed, manufactured, assembled, prepared, selected materials, 13 parts and components , represented to tests and inspect, manage, 14 maintained, repaired, serviced, owned , leased and sold said 15 aircraft and its component parts so as to cause said aircraft 16 on December 23 , 1985 to fall and crash into R.H. Macy, Inc. ' s 17 store in the Sun Valley Mall in Concord, California thereby 18 injuring plaintiffs. 19 9 . At all times herein mentioned defendants Sun Valley 20 Mall, General Aviation Services and DOES TWENTY-SIX through FORTY, 21 and each of them, were business entities the exact form and nature 22 of which are unknown to plaintiffs who pray leave to amend and 23 insert the same when they are ascertained, but which business 24 entities were at all times doing business within the . State of 25 California. 26 10 . At all times herein mentioned R.H. Macy, Inc. was a WALKUP.SHELBY.BASTIAN. MELODIA.KELLY!O-REILLY A PROFESSIONAL CORPORATION - - '4 NARTFORO BLDG-00TH FLOOR 150 CALIFORNIA STREET SAN FRANCISCO, CA 94108 14151'981 7210 I corporation, licensed to do and doing business within the State 2 of California. 3 - 11. At all times herein mentioned, the Wells Fargo Bank, 4 trustee for The Taubman Company, Inc. , and its predecessors in 5 interest, The Taubman Company, Inc. , a Michigan corporation, 6 and DOES FORTY-ONE through FORTY-FIVE were corporations or other 7 entities doing business in the State of California for the purpose 8 of owning, placing, designing, building, leasing, managing and 9 maintaining the shopping, mall known as defendant herein Sun Valley 10 Mall. 11 12 . At all times herein mentioned defendants Sun Valley 12 Mall, R.H. Macy, Inc. , The Taubman Company, Inc. , Wells Fargo 13 Bank as a trustee of The Taubman Company, Inc. and DOES TWENTY-SIX 14 through FORTY-FIVE and each of them, negligently, carelessly 15 and recklessly designed, built and placed a shopping center and/or 16 store that attracts a great number of people on a heavily 17 trafficked air' corridor,with known and foreseeable visibility 18 problems .:ue to weather patterns in the vicinity of Buchanan 19. Field Airport in the City of Concord, County of Contra Costa, 20 State of California. Said defendants knew or should have known 21 that aircraft were likely to and did fly over their mall and/or 22 store, that weather patterns created specific hazards , and that 23 it was foreseeable that an aircraft might crash and/or collide 24 with said mall and/or store thereby injuring and/or killing patrons 25 on the premises . LAW OFFICESOP 26 13 . On December 23 , 1986 as a direct and proximate result WALKUP.SN ELOY.aASTIAN. MELODIA.KELLY a O'REILLY A PROFESSIONAL CORPORATION — — ,E NAALl040 SLOG-]0th FLOOR !SO CALIFORNIA STREET SAN FRANCISCO CA 94108 11151 9867310 1 of the matters aforesaid, an aircraft on a missed approach crashed 2 and fell into the above described mall/store thereby injuring 3 plaintiffs as hereinafter set forth. 4 14 . At all times herein mentioned, defendants City of Concord 5 and the County of Contra Costa were, and are governmental entities. 6 15 . Within 100 days of the accrual of the within cause 7 of action, written claims for damages setting forth the matters 8 herein alleged were duly and regularly presented to the County 9 of Contra Costa and to the City of Concord on behalf of plaintiffs 10 in accordance with the appropriate sections of the California 11 government code. Said claims have been denied. This claim is 12 timely filed in the time prescribed by law after the denial of 13 said claim. 14 16 . At all times herein mentioned, the City of Concord, 15 and/or County of Contra Costa and DOES SEVENTY-ONE through 16 SEVENTY-FOUR owned, maintained, operated and controlled Buchanan 17 Field and/or the premises known as and developed as Sun Valley 18 Mall. Said field and mall were negligently and carelessly 19 developed, planned, designed, constructed, operated, maintained 20 and controlled by said public entities in a dangerous, defective 21 and hazardous condition in that, inter alia, the airfield and 22 mall were located so close to one another that approach and 23 departure corridors overlapped the mall and that aircraft in 24 poor weather conditions would be forced to fly over the mall 25 on approaches and/or departures thereby exposing patrons at the 26 mall to the dangers posed by aircrafts malfunctioning on departure Low O"CKR OF WALKUP.SHELBY.BASTIAN. NELODIA.KELLY!O'REILLY -5- A PROFESSIONAL CORPORATION '.[NARTFCRD BLDG•701H FLOOR 650 CALIFORNIA STREET SAN FRANCISCO,CA 94108 FUST 9847510 I and/or landing. 2 17 . Plaintiff is informed and believes and upon such 3 information and belief alleges that at all times herein mentioned, 4 defendants and each of them knew or in the exercise of reasonable 5 care should have known of the dangerous , deceptive and defective 6 conditions posed by the proximity of said airport and the Sun 7 Valley Mall. 8 18 . As a direct and proximate result of all of the aforesaid 9 negligence and carelessness, and of said dangerous , defective 10 and deceptive condition posed by Buchanan Field and/or Sun Valley 11 Mall and their proximity there was a reasonably foreseeable risk 12 that aircraft would crash and/or fall into .Sun Valley Mall causing 13 others to sustain serious bodily injury or death, as the proximate 14 result of the negligence and carelessness and of said condition 15 of said airfield and mall. 16 19. At all times herein mentioned General Aviation Services 17 and DOES TWENTY-SIX through FORTY-FIVE owned, serviced, repaired, 18 maintained, overhauled and oversaw the general airworthiness 19 of a certain Beechcraft Baron aircraft referred to above. 1. 20 20 . Plaintiffs are informed and believe and thereon allege 21 that at all times herein mentioned, James McGheehan, and DOES 22 FORTY-FIVE through FIFTY-FIVE were the owners, operators, lessors, 23 lessees , or otherwise exercised maintenance or control over a 24 twin engine Beechcraft Baron aircraft referred to hereinabove. 25 21 . Plaintiffs are informed and believe and thereon allege, 26 that at all times herein mentioned, James Mountain Graham, LPW OFFICES OF WALKUP.SN ELOY.BASTIAN. NELODIA.KELLY 8 O-REILLY -6- A 6- A PROfES510NAL CORPORATION -[NARTFORD BLOD-]O1N FLOOR 650 CAOFORNIA STREET SAN FRANCISCO.CA 96108 (4151 9817210 I deceased, and DOE FIFTY-SIX were the pilot and operator of the 2 aforementioned twin engine Beechcraft Baron aircraft. 3 - 22 . Plaintiffs are informed and believe, and thereon allege 4 that at all times herein mentioned, James Mountain Graham, 5 deceased, and DOE FIFTY-SIX were piloting and operating the 6 aforementioned aircraft with the full knowledge, consent and 7 permission of defendants and each of them, and at all times herein 8 mentioned, James Mountain Graham, deceased, and DOE FIFTY-SIX 9 were acting within the course and scope of his employment, 10 independent contract or other relationship with defendants and 11 each of them. 12 23 . On, about or prior to December 23 , 1985 defendants 13 and each of them, so negligently, carelessly and recklessly owned, 14 operated, repaired, maintained, overhauled, entrusted, navigated, 15 aviated and inspected the above mentioned Beechcraft Baron aircraft 16 so as to proximately cause it to fail, crash and fall into the 17 Sun Valley Shopping Mall on December 23 , 1985 and proximately 18 thereby caused the injuries and damages hereinafter described. 19 24 . At all times herein mentioned DOES FIFTY-SEVEN through 20 SEVENTY were certain architects, designers and engineers the 21 exact identity of which is unknown to plaintiffs at this time 22 who pray leave to amend and insert said identities when the same 23 are finally determined. 24 Plaintiffs are informed and believe and upon such information 25 and belief allege that at all times herein mentioned defendants 26 DOES FIFTY-SEVEN through SEVENTY were responsible for the design, LAW OFFICES OF WALKUP.SHELBY.BASTIAN. NELODIA,BELLY A O'REILLY -7- A 7A PROFESSIONAL CORPORATION '.E.A4TFORD BLDG•30rm FLOOR NO CAVrOPN4 STREET SAN FRANCISCO. CA 94108 44151 9817210 I construction, location and building of the Sun Valley Mall 2 including its safety and escape features . 3 _ 25 . At all times herein mentioned, defendants DOES 4 FIFTY-SEVEN through SEVENTY were so negligent and careless in 5 or about the design, location, construction and building of the 6 Sun Valley Shopping Mall that said mall was in a dangerous and 7 defective condition in that it was poorly located, as previously 8 alleged ; had inadequate fire fighting, escape and other safety 9 features necessary to protect patrons on or about the premises 10 in the event of fire or other emergency. 11 26 . As a direct and proximate result of the negligence _ 12 and carelessness of DOES FIFTY-SEVEN through SEVENTY and each 13 of them as aforesaid plaintiffs suffered and sustained injuries 14 and damages as hereinafter set forth. 15 27 . On or about December 23 , 1985 Sue Trice and Jared Trice 16 were patrons on or about the premises of R.H. Macy, Inc. located 17 within the Sun Valley Shopping Mall. As a direct and proximate 18 result of the negligence of each and every defendant as aforesaid 19 plaintiffs were caused to and did sustain permanent and life 20 threatening injuries including but not limited to multiple burns 21 about their bodies and injuries to the adjacent nerves, muscles 22 and ligaments and soft tissues, with resultant extreme pain, 23 suffering, scarring and disfigurement. Plaintiffs are informed 24 and beleive that certain of said injuries are permanent in nature, 25 the exact nature and extent of said permanent injuries being 26 at this time unknown to the plaintiffs. LAW 0"Ict!OF NALKEII,SHELBY.BASTIAN. HEL00u.KELLY 5 O'REILLY —8— A 8— A RROTESDONq CORROAATIO '-E NARTEORD BLDG-701H ELC% 6SO CALIEORNTA STREET SAN iRANCISCO. CA 96105 4415) 9867210 1 28. By reason of the premises , it became necessary for 2 plaintiffs to incur expenses for the care and treatment of 3 plaintiffs Sue Trice and of the minor plaintiff Jared Trice for 4 doctors , hospitals, x-ray technicians and other services and 5 incidental expenses . Plaintiffs ' damage in this respect is 6 presently unascertained as said services are still continuing, 7 and plaintiffs will seek leave to insert the elements of damage 8 in this respect when the same are finally determined. 9 29 . As a direct and proximate result of all of the aforesaid 10 acts and omissions, negligence and carelessness , the aforementioned it aircraft crashed into the Sun Valley Mall on December 23, 1985, 12 resulting in the injuries of plaintiffs Sue Trice and Jared Trice. 13 WHEREFORE, plaintiffs pray judgment against defendants as 14 hereinafter set forth. 15 SECOND CAUSE OF ACTION ( Strict Products Liability) 16 Plaintiffs complain of defendants , and each of them, and 17 for a Second Cause of Action allege : 18 30 . Plaintiffs refer to, reallege and incorporate by 19 reference as though fully set forth herein each and every 20 allegation contained in their First Cause of Action. 21 31. At all times herein mentioned the aforesaid Beechcraft 22 Baron aircraft, and its component parts were defective and unsafe 23 for their intended purpose by reason of defects in design and 24 manufacture. 25 32 . The defects in design or manufacture of the foregoing 26 aircraft which was designed and/or manufactured by defendants, L.w 01FIC96 or NALRVP.SHELBY.BASTIAN. 4ELODIA.KELLY•O'NEILLY —9- A 9A PROFESSIONAL CORPORATION -E HARLFORO SLOG•901N FLOOR 650 CALIFORNIA STREET SAN FRANCISCO.CA 94,08 (415) 901 7210 I and each of them, caused said aircraft to crash and thereby 2 proximately caused injury to plaintiffs as aforesaid for which 3 defendants, and each of them, are strictly liable in tort. 4 WHEREFORE, plaintiffs pray judgment against defendants, 5 and each of them, as hereinafter set forth. 6 THIRD CAUSE OF ACTION (Premises Liability) 7 Plaintiffs complain of defendants, and each of them, and 8 for a Third Cause of Action, allege: 9 33 . Plaintiffs refer to, reallege and incorporate by 10 reference as though fully set forth herein each and every 11 allegation contained in their First Cause of Action. 12 34 . Defendants , and each of them, designed, developed, 13 located, built, leased, owned, managed, maintained, and held 14 open for use by the public certain premises, including certain 15 retail stores including R.H. Macy, Inc. , and the various DOE 16 defendants previously described, DOES SEVENTY-FIVE through ONE 17 HUNDRED, Sun Valley Mall, and Buchanan Field. 18 35 . At all times herein mentioned the aforesaid Sun Valley 19 Mall,the DOE defendants therein, R.H. Macy, Inc. .and Buchanan 20 Field were defective, dangerous and unsafe and posed an 21 unreasonable risk of harm to those persons utilizing said premises 22 for lawful business and non-business purposes . 23 36 . The defects and dangerous conditions of the premises, 24 in design, manufacture, construction and/or location and placement 25 of the foregoing mall; stores , and air field which was designed, 26 manufactured, constructed, built and located by defendants, and LAW QFFICKII OF WALKUP.SHELBY,BASTIAN. 4ELOOIA.KELLY 0 O'REILLY _10- A PROFESSIONAL CORPORATION +[HARTFGPO BLDG-70TH FLOOR 650 CALIFORNIA STREET SAN FRANCISCO.CA 91108 NIL 9817310 I each of them, proximately caused the injuries to plaintiffs as 2 aforesaid. 3 _ WHEREFORE, plaintiffs complain of defendants, and each of 4 them, as hereinafter set forth. 5 FOURTH CAUSE OF ACTION (Loss of Consortium) 6 Plaintiffs complain of defendants, and each of them, and 7 for a Fourth Cause of Action allege as follows : 8 37 . Plaintiffs by this reference incorporate and make part 9 hereof as if set forth at length, all of the allegations of the 10 First, Second and Third Causes of Action. 11 38 . At all times herein mentioned, plaintiffs Sue Trice 12 and Jim Trice were husband and wife. 13 39 . As a direct and proximate result of the matters 14 aforesaid, plaintiff Jim Trice suffered the loss of care, comfort, 15 society, sexual relations and services , and all other elements 16 of consortium, to his general and special damages. 17 WHEREFORE, plaintiffs pray judgment against defendants, 18 and each of them, jointly and severally as follows : 19 1 . For general damages that may be proved; 20 2 . For special damages that may be proved; 21 3 . For prejudgment interest as permitted by law; 22 4 . For costs of suit; and 23 5. For such other and further relief as the Court may deem 24 proper. 25 DATED: WALKUP, SHELBY, BASTIAN, MELODIA, KELLY & ' REILLY 26 LAW OFF CKS Of BY MA� WALKUP.SME LOY.BASTIAN. NELOOIA.KELLY!O'REILLY D ITH J. N 1 CHLER A PROFESSIONAL CORPORATIOn RALPH W. BASTIAN JR. wE.AATFORD BLM.IOT..FLOOA / 650 CALIFOPN!A STREET DANIEL DELL'OSSO SAN FRANCISCO.CA 94108 14151 9817210 l l 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 21 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code ,,our.:. Unspecified Section 913 and 915.4. Please not a1L"�W { �yG '�L,.TgCi CLAIMANT: DOROTHY A. GRAHAM ET AL (; c/o Fisher & Hurst SL 19 U6 ATTORNEY: Attn: Stephen C. Kennedy, Esq. [vlartinez, CA 945'_'„ Moris Davidovitz, Esq. Date received ADDRESS: Scott D. Raphael, Esq. BY DELIVERY TO CLERK ON September 22 , 1986 Four Embarcadero Center 25th Floor BY MAIL POSTMARKED: September 19 , 1986 San Francisco, CA 94111-4132 Certified P 017 967 b95 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached'is a copy of the above-noted claim. /7 DATED: September 23, 1986 RaIL ELOR, Clerk ATCBHice/ : Deputy G/� L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (X) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ) ! BY: (�C (�Ll�(./C.QDe�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 unaimous 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 2 11986 PHIL BATCHELOR, Clerk, By . Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. 01 0/Dated: OCT 2 21986 BY: PHIL. BATCHELOR by �/� Deputy Clerk CC: County Counsel County Administrator J STEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. SCOTT D. RAPHAEL, ESQ. LAW OFFICES OF 1 FISHER 8 HURST FOUR EMBARCADERO CENTER F 2 SAN FRANCISCO. CALIFORNIA 94111 +` ,o p� TELEPHONE (415) 956-6000 R j V✓ 3 '� 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, as the Executor of the ESTATE OF 6 JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) THE ESTATE OF JAMES M. GRAHAM, ) 12 ) CLAIM FOR INDEMNITY Claimant, ) 13 ) v. ) 14 ) COUNTY OF CONTRA COSTA, ) 15 ) 16 Respondent. ) ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executor of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is as follows : 23 24 DOROTHY A. GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM c/o FISHER & HURST 25 Attn: Stephen C. Kenney, Esq. Moris Davidovitz, Esq. 26 Scott D. Raphael, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 2. The post office address to which claimant desires notice of. this claim to be sent is as follows : 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. Scott D. Raphael, Esq. 4 FISHER & HURST Four Embarcadero Center, 25th Floor 5 San Francisco, California 94111-4132 6 3 . On December 23, 1985, in the City of Concord, County of Contra Costa, California, James M. Graham, John Frederick 7 Lewis and Brian Ward Oliver, were occupants of a Beechcraft Baron BA55A Aircraft, FAA Reg. No . N1494G, when said aircraft 8 crashed while attempting a landing at the Concord Buchanan Field Airport . All three occupants of said aircraft were 9 killed in the crash. WILLIAM LARSON, WILLIAM R. LARSON, JR. , SCOTT F. BUCHANAN, KURT A LARSON, a minor, by and through his 10 Guardian ad Litem, WILLIAM LARSON, as Executor of the Estate of PATRICIA LARSON, deceased, are the survivors of PATRICIA 11 LARSON, who was alleged to have been killed in the crash, which occurred at the Sun Valley Mall, located in the City of 12 Concord, County of Contra Costa, California . 13 4 . The County of Contra Costa is responsible for the design, construction, maintenance, operation, and 14 certification of the Concord Buchanan Airport, and control of its use. The County of Contra Costa is further responsible 15 for the certification, permission, approval, and the provision of zoning and ordinances permitting the construction of the 16 Sun Valley Mall, attracting a great number of persons, in close proximity to the Buchanan Field Airport, and below and 17 directly within a heavily traveled air corridor in the vicinity of the airport . 18 5. On June 3, 1986, a complaint for damages was filed 19 in the Superior Court of the State of California, In and For the County of Contra Costa, by WILLIAM LARSON, WILLIAM R. 20 LARSON, JR. , SCOTT F. BUCHANAN, KURT A LARSON, a minor, by and through his Guardian ad Litem, WILLIAM LARSON, as Executor of 21 the Estate of PATRICIA LARSON, deceased. (A true and correct copy of said complaint, Action No. 287076, is attached hereto 22 as Exhibit "A" , and incorporated herein by reference) . The complaint alleges, inter glia, that on December 23, 1985, 23 decedent James M. Graham and others negligently operated and controlled the subject aircraft, causing it to crash while 24 attempting a landing at the Concord Buchanan Airport. Said complaint was served upon claimant, Estate of Graham, on or 25 about September 8, 1986. 26 6. If, in fact, plaintiffs WILLIAM LARSON, WILLIAM R. LARSON, JR. , SCOTT F. BUCHANAN, KURT A LARSON, a minor, by and through his Guardian ad Litem, WILLIAM LARSON, as Executor of -2- 1 the Estate of PATRICIA LARSON, deceased, sustained damages as alleged in their complaint in Action No. 287076, said damages 2 were caused by the primary and active negligence or other fault of the County of Contra Costa. Claimant, therefore, 3 alleges that it is entitled as a matter of law to indemnity from the County of Contra Costa for any judgment or settlement 4 in favor of plaintiffs, WILLIAM LARSON, WILLIAM R. LARSON, JR. , SCOTT F. BUCHANAN, KURT A LARSON, a minor, by and through 5 his Guardian ad Litem, WILLIAM LARSON, as Executor of the Estate of PATRICIA LARSON, deceased, together with claimant ' s 6 attorneys ' fees and costs . 7 7. Further, if claimant is liable to plaintiffs, WILLIAM LARSON, WILLIAM R. LARSON, JR. , SCOTT F. BUCHANAN, 8 KURT A LARSON, a minor, by and through his Guardian ad Litem, WILLIAM LARSON, as Executor of the Estate of PATRICIA LARSON, 9 deceased, it will be because of the comparative negligence or other fault of the County of Contra Costa. Accordingly, 10 claimant alleges that the County of Contra Costa is required by law to contribute to the amount of any judgment or 11 settlement in favor of plaintiffs, WILLIAM LARSON, WILLIAM R. LARSON, JR. , SCOTT F. BUCHANAN, KURT A LARSON, a minor, by and 12 through his Guardian ad Litem, WILLIAM LARSON, as Executor of the Estate of PATRICIA LARSON, deceased, in accordance with 13 the comparative degree and nature of its fault in causing said plaintiffs ' damages, if any, and is required to reimburse and 14 indemnify and hold claimant harmless for the amount of any such judgment or settlement which is in excess of claimant 's 15 proportional share thereof, if any, as determined by the comparative degree and nature of the respective fault in 16 causing plaintiffs ' damages, if any. 17 8 . As of the date of the filing of this claim, the extent of the damages and injuries incurred by plaintiffs in 18 the above-mentioned action is unknown to claimant, and will be determined in the aforementioned, pending litigation. 19 9 . At the present time, the identity of the employee or 20 employees of the County of Contra Costa who caused the creation and continued existence of the aforementioned 21 dangerous conditions, is unknown to claimant . 22 10 . At the time of the presentation of this claim, claimant seeks the total amount of potential recovery by 23 plaintiffs in Contra Costa County Superior Court Action No. 287076, (the total amount of which is presently unknown to 24 claimant) and recognition of the .duty of the County of Contra Costa to provide a defense to and indemnify claimant for any 25 and all damages, costs, and attorney' s fees it may suffer as a result of the complaint brought by plaintiffs WILLIAM 26 -3- 1 LARSON, WILLIAM R. LARSON, JR. , SCOTT F. BUCHANAN, KURT A LARSON, a minor, by and through his Guardian ad Litem, WILLIAM 2 LARSON, as Executor of the Estate of PATRICIA LARSON, deceased, against claimant, in Superior Court Action No. 3 287076, filed in the Contra Costa County Superior Court . 4 DATED: September 1986 . 5 FISHER +HURST 6 BY: r SCOTY D. RAPHAEL, Aetorneys 7 for Claimant, DOROTHY A. GRAHAM, as the Executor of the 8 ESTATE OF JAMES M. GRAHAM, Deceased. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -4- 26 LAW OFFICES OF 1 WALKUP. SHELBY. BASTIAN. MELODIA KELLY & O'REILLY 2 A PROP[99IONAL CORPORATION •• v 450-CALIFORNIA STREET 3 SAN FRANCISCO. CALIFORNIA 94108 T[Lc►NON[ 14161 981.7210 4 5 ATTORNEYS FOR PLAINTIFF 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 WILLIAM LARSON, WILLIAM R. ) LARSON, JR. , SCOTT F. BUCHANAN, ) NO. 2 W�G 11 KURT A. LARSON, a minor, by and) through his Guardian ad Litem, ) COMPLAINT FOR DAMAGES 12 WILLIAM LARSON; and WILLIAM ) (Wrongful Death) LARSON, as Executor of the ) 13 Estate of PATRICIA LARSON, ) Deceased, ) 14 ) Plaintiffs, ) 15 ) Vs . ) 16 ) THE BEECH AIRCRAFT CORPORATION, ) 17 GENERAL AVIATION SERVICES, ) JAMES McGHEEHAN, THE ESTATE OF ) 18 JAMES MOUNTAIN GRAHAM, THE SUN ) VALLEY SHOPPING MALL, R.H. MACY) 19 INC. , THE TAUBMAN COMPANY, INC. ) WELLS FARGO BANK, as trustee of ) 20 THE TAUBMAN COMPANY, INC. , ) CITY OF CONCORD, COUNTY OF ) 21 CONTRA COSTA, DOES ONE through ) THREE HUNDRED, inclusive, ) 22 ) Defendants. ) 23 ) 24 FIRST CAUSE OF ACTION (Negligence) 25 Plaintiffs complain of defendants, and each of them, and 26 for a First Cause of Action allege: EXHIBIT 1 1. The true names or capacities , whether individual, 2 corporate, governmental or associate of the defendants named 3 herein as DOE are unknown to plaintiffs who therefore sue said 4 defendants by such fictitious names. Plaintiffs pray leave to 5 amend this complaint to show their true names and capacities 6 when the same have been finally determined. 7 Plaintiffs are informed and believe and, upon such information 8 and belief, allege that each of the defendants designated herein 9 as DOE is negligently or otherwise legally responsible in some 10 manner for the events and happenings herein referred to, and 11 negligently or otherwise caused injury and damages proximately 12 thereby to plaintiffs , as is hereinafter alleged. . 13 2. At all times herein mentioned, each and every of the 14 defendants herein was the agent, servant, partner, employee, 15 joint venturer and franchisee of each of the remaining defendanUL 16 and at all times acting within the course and scope of said agency, 17 service, partnership, employment, joint venture and franchise 18 and each defendant has ratified and approved the acts of the 19 remaining defendants. 20 3. Plaintiff William Larson is the surviving husband of 21 Patricia Larson, deceased. Plaintiffs William R. Larson, Jr. , 22 Scott F. Buchanan, Jr. , and Kurt A. Larson, a minor, are the 23 surviving children of Patricia Larson, deceased. Said plaintiffs 24 constitute all the heirs at law of Patricia Larson. By Order 25 of this Court, William. Larson has been appointed and is serving 26 as the Guardian ad Litem of Kurt A. Larson, a minor. 'AW WPICC$OF "uP.tMtlaT.aaaTIAR 6001k ctuT a O'ataop _2 .orttso..0 C0RPM?o■ , TFOMP LLO4•Im.ROOM :tp CKWM.H tTAttT M/"%=0.G 04" uwL fal42W 11 1 4 . At all times herein mentioned, defendant Beech Aircraft 2 Corporation was a Kansas corporation doing business in the State 3 of California. d 5 . At all times herein mentioned DOES ONE through FIVE g were engine manufacturers licensed to do and doing business within 6 the State of California. 7 6 . At all times herein mentioned, DOES SIX through TWENTY 8 were instrument or other component manufacturers licensed to 9 do and doing business within the State of California. 10 7 . At all times herein mentioned defendants Beech Aircraft 11 Corporation and DOE ONE through DOE TWENTY-FIVE, inclusive, 12 designed, processed, constructed, manufactured, assembled, 13 prepared, selected materials, parts and components, represented 14 to tests and inspect, manage, maintain, repair, service, own 15 and sold a certain twin engine aircraft know: as the Beechcraft 16 Baron. 17 8 . At all times herein mentioned, defendants and each of 18 them so negligently and carelessly designed, processed, 19 constructed, manufactured, assembled, prepared, selected materials, 20 parts and components, represented to tests and inspect, manage, 21 maintained, repaired, serviced, owned, leased and sold said 22 aircraft and its component parts so as to cause said aircraft 23 on December 23 , 1985 to fall and crash into R.H. Macy, Inc. ' s 24 store in the Sun Valley Mall in Concord, California thereby killing 25 Patricia Larson. 26 9. At all times herein mentioned defendants Sun Valley .oa.uur a o•�uur —3— .o.tssw+. c0sw.no. .&MOM 0.06 Ial R000 k rV"C'XO U 9410{ u131 W qq 11 I Mall, General Aviation Services and DOES TWENTY-SIX through FORTY, 2 and each of them, were business entities the exact form and nature 3 of which are unknown to plaintiffs who pray leave to amend and 4 insert the same when they are ascertained, but which business 5 entities were at all times doing business within the State of 6 California. 7 10 . At all times herein mentioned R.H. Macy, Inc. was a 8 corporation, licensed to do and doing business within the State 9 of California: 10 11. At all times herein mentioned, the Wells Fargo Bank, 11 trustee for The Taubman Company, Inc. , and its predecessors in 12 interest, The Taubman Company, Inc. , a Michigan ccrporation, 13 and DOES FORTY-ONE through FORTY-FIVE were corporations or other 14 entities doing business in the State of California for the purpose 15 of owning, placing, designing, building, leasing, managing and 16 maintaining the shopping mall known as defendant herein Sur. Valley 17 Mall. 18 12 . At all times herein mentioned defendants Sun Valley 19 Mall, R.H. Macy, Inc. , The Taubman Company, Inc. , Wells Fargo 20 Bank as a trustee of The Taubman Company, Inc. and DOES TKENTY-SIX 21 through FORTY-FIVE and each of them, negligently, carelessly 22 and recklessly designed, built and placed a shopping center and/or 23 store that attracts a great number of people on a heavily 24 trafficked air corridor,with known and foreseeable visibility 25 problems due to weather patterns in the vicinity of Buchanan 26 Field Airport in the City of Concord, County of Contra Costa, ,rrt[f M auv.usTUK Our a"CILLr —4— MW.-S[ Hoof 106w Rf[[7 eco U HW{ am 1200 c t I State of California. Said defendants knew or should have known 2 that aircraft were likely to and did fly over their mall and/or 3 store, that weather patterns created specific hazards, and that 4 it -was foreseeable that an aircraft might crash and/or collide 5 with said mall and/or store thereby injuring and/or killing patrons 6 on the premises. 7 13 . On December 23, 1986 as a direct and proximate result 8 of the matters aforesaid, an aircraft on a missed approach crashed 9 and fell into the above described mall/store thereby injuring 10 plaintiffs as hereinafter set forth. it 14 . At all times herein mentioned, defendants City of Concord 12 and the County of Contra Costa were, and are governmental entities. 13 15 . Within 100 days. of the accrual of the within; c-:.,-,se 14 of action, written claims for damages setting forth the matters 15 herein alleged were duly and regularly presented to the Count'_ 16 of Contra Costa and to the City of Concord on behalf of plaintiffs 17 in accordance with the appropriate sections of the California 18 government code. Said claims have been denied. This claim is 19 timely filed in the time prescribed by law after the denial of 20 said claim. 21 16 . At all times herein mentioned, the City of Concord, 22 and/or County of Contra Costa and DOES SEVENTY-ONE through 23 SEVENTY-FOUR owned, maintained, operated and controlled Buchanan 24 Field and/or the premises known as and developed as Sun Valley 25 Mall. Said field and mall were negligently and carelessly LAW OFFICES OF 26 developed, planned, designed, constructed, operated, maintained Vl..3M[U1.S►STI►K DIA.SELLY a O'DCILU 1„ .. SSYDI COMPORA w. -5- 1'Y,0N0 KDG.301.01001 1I CUy C@%.A SnKR r11AMCISC0'G 14109 ' WIS)$8.1310 - ( C I and controlled by said public entities in a dangerous, defective 2 and hazardous condition in that, inter alia, the airfield and 3 mall were located so close to one another that approach and .4 departure corridors overlapped the mall and that aircraft in 5 poor weather conditions would be forced to fly over the mall 6 on approaches and/or departures thereby exposing patrons at the 7 mall to the dangers posed by aircrafts malfunctioning on departure 8 and/or landing. 9 17 . Plaintiff is informed and believes and upon such 10 information and belief alleges that at all times herein mentioned, 11 defendants and each of them knew or in the exercise of reasonable 12 care should have known of the dancerous, deceptive and defective 13 conditions posed by the proximity of said airport and the Sun 14 Valley Mall. 15 18 . As a direct and proximate result of all of the aforesaid 16 negligence and carelessness , and of said dangerous, defective 17 and deceptive condition posed by Buchanan Field and/or Sun Valley 18 Mall and their proximity there was a reasonably foreseeable risk 19 that aircraft would crash and/or fall into Sun Valley Mall causing 20 others to sustain serious bodily injury or death, as the proximate 21 result of the negligence and carelessness and of said condition 22 of said airfield and mall. 23 19. At all times herein mentioned General Aviation Services 24 and DOES TWENTY-SIX through FORTY-FIVE owned, serviced, repaired, 25 maintained, overhauled and oversaw the general airworthiness 26 of a certain Beechcraft Baron aircraft referred to above. uoou.KELLY III"VILT -6- ..Or[ss-e+u Ccsa"T'a" f.uf,Otl R00.]!T.ROU 650 C.u,O..'.ST.[[T Sw r.u%C:SCO G 14106 will NI.72to 1 20. Plaintiffs are informed and believe and thereon allege 2 that at all times herein mentioned, James McGheehan, and DOES 3 FORTY-FIVE through FIFTY-FIVE were the owners, operators , lessors, 4 lessees, or otherwise exercised maintenance or control over a 5 twin engine Beechcraft Baron aircraft referred to hereinabove. 6 21. Plaintiffs are informed and believe and thereon allege, 7 that at all times herein mentioned, James Mountain Graham, 8 deceased, and DOE FIFTY-SIX were the pilot and operator of the 9 aforementioned twin engine Beechcraft Baron aircraft. 10 22. Plaintiffs are informed and believe, and thereon allege 11 that at all times herein mentioned, James Mountain Graham, 12 deceased, and DOE FIFTY-SIX were piloting and operating the 13 aforementioned aircraft with the full knowledge, consent and 14 permission of defendants and each of them, and at all times herein 15 mentioned, James Mountain Graham, deceased, and DOE FIFTY-SIX 16 were acting within the course and scope of his employment, 17 independent contract or other relationship with defendants and 18 each of them. 19 23 . On, about or prior to December 23, 1985 defendants 20 and each of them, so negligently, carelessly and recklessly owned, 21 operated, repaired, maintained, overhauled, entrusted, navigated, 22 aviated and inspected the above mentioned Beechcraft Baron aircraft 23 so as to proximately cause it to fail, crash and fall into the 24 Sun Valley Shopping Mall on December 23, 1985 and proximately 25 thereby caused the injuries and damages hereinafter described. 26 24 . At all times herein mentioned DOES FIFTY-SEVEN through ...00 ..C[•or ALS SMI UT.BASTIAIL CLMX ALLLT 1 O'OOLLT —7— AVCSS101-L COA,pAAM" I :. 000 ALDG•W.ROW GW CA4WW.IA STDCCT FU%CISCO CA 64106 WSl 9�I7l10 1 SEVENTY were certain architects, designers and engineers the 2 exact identity of which is unknown to plaintiffs at this time 3 who pray leave to amend and insert said identities when the same 4 are- finally determined. 5 Plaintiffs are informed and believe and upon such information 6 and belief allege that at all times herein mentioned defendants 7 DOES FIFTY-SEVEN through SEVENTY were responsible for the design, 8 construction, location and building of the Sun Valley Mall 9 including its safety and escape features . 10 25. At all times herein mentioned, defendants DOES it FIFTY-SEVEN through SEVENTY were so negligent and careless in 12 or about the design, location, construction and building of the 13 Sun Valley Shopping Mall that said mall was in a dangerous and 14 defective condition in that it was poorly located, as previously 15 alleged; had inadequate fire fighting, escape and other safer-: 16 features necessary to protect patrons on or about the premises 17 in the event of fire or other emergency. 18 26 . As a direct and proximate result of the negligence 19 and carelessness of DOES FIFTY-SEVEN through SEVENTY and each 20 of them as aforesaid plaintiffs . suffered and sustained injuries 21 and damages as hereinafter set forth. 22 27. On or about December 23 , 1985 Patricia Larson, decedent, 23 was a patron on or about the premises of R.H. Macy, Inc. located 24 within the Sun Valley Shopping Mall. As aldirect and proximate 25 result of the negligence of each and every defendant as aforesaid 26 plaintiff was caused to and did suffer severe injuries and burns LA.OFFICER OR NLAYR SR9L9T 9ASTIAK iLOOIA 19"T R O'411"T -8- AROT[SSd L COMOAATWM �CRO 9LOG-501.FLOOR 4SO CALIFORNIA STR[[T u FRAAC•SCO CA 9410 WS,9917:10 c C 1 resulting in her death on February 14, 1986. 2 28. By reason of the premises, it became necessary for 3 plaintiffs to incur expenses for doctors, hospitals, x-ray 4 technicians and other services required in the care and treatment 5 of said injuries prior to Patricia Larson' s death, and plaintiffs ' 6 damage in this respect is presently unascertained and plaintiffs 7 pray leave to insert the elements of damage in this respect when 8 the same are finally determined. William Larson, as Executor 9 of the Estate of Patricia Larson, deceased, will seek to recover 10 these elements on behalf of the said Estate. 11 29. As a direct and proximate result of all of the aforesaid 12 acts and omissions, negligence and carelessness, the aforementioned 13 aircraft crashed into the Sun Valley Mall on December 23 , 1985 , 14 resulting in the death of plaintiffs ' decedent. 15 30 . At all times herein mentioned, William Larson was the 16 lawful husband of Patricia Larson, and William R. Larson, Jr. , 17 Scott F. Buchanan and Kurt A. Larson, a minor, were the children 18 of Patricia Larson. By reason of the death of Patricia Larson, 19 plaintiffs ' decedent, her power to earn and accumulate money 20 and property has been destroyed, and plaintiffs have been 21 permanently deprived of this and of a kind and loving husband 22 and father, and of the care, comfort, love, companionship, 23 services, society, affection, instruction, advice, training, 24 guidance, protection, counsel, support, contributions, inheritance 25 and right of inheritance of said plaintiffs ' decedent all to Cgs or 26 their damage according to proof . u+ . WALKUP.S•o,.CLOV,UST1A11 SELMA.cur 4 atuuY -9- ,,.G,iva..a COWOU"M '',.,+'K,e SLOG•MW.,l . II 9So w.,o*,,. nuoon SAS r%A%r_SCO G 94104 WS,Sol 721O 1 31. By reason of the death of Patricia Larson, plaintiffs 2 incurred funeral and burial expenses in memory of and for 3 plaintiffs ' decedent in an amount that will be determined at 4 time of trial. 5 WHEREFORE, plaintiffs pray judgment against defendants as 6 hereinafter set forth. 7 SECOND CAUSE OF ACTION (Strict Products Liability) 8 Plaintiffs complain of defendants, and each of them, and 9 for a Second Cause of Action allege: 10 32 . Plaintiffs refer to, reallege and incorporate by 11 reference as though fully set forth herein each and every 12 allegation contained in their First Cause of Action. 13 33 . At all times herein mentioned the aforesaid Beechcraft 14 Baron aircraft, and its component parts were defective and unsafe 15 for their intended purpose by reason of defects in design a.- 16 .16 manufacture. 17 34 . The defects in design or manufacture of the foregoing 18 aircraft which was designed and/or manufactured by defendants, 19 and each of them, caused said aircraft to crash and thereby 20 proximately caused injury to plaintiffs as aforesaid for which 21 defendants, and each of them, are strictly liable in tort. 22 WHEREFORE, plaintiffs pray judgment against defendants, 23 and each of them, as hereinafter set forth. 24 THIRD CAUSE OF ACTION (Premises Liability) 25 Plaintiffs complain of defendants, and each of them, and u_o,,,c`eor26 for a Third Cause of Action, allege: MALISU/.S.9LOT.BASTIAN. AELODIA l[LLV II 0791W —10— w 1Ow FcAO BLDG-bew ROOA Aso CA1.100oA srna SAA,AAKISCO CA 24109 MW SBL IIIc 1 35. Plaintiffs refer to, reallege and incorporate by 2 reference as though fully set forth herein each and every 3 allegation contained in their First Cause of Action. 4 36 . Defendants, and each of them, designed, developed, 5 located, built, leased, owned, managed, maintained, and held b open for use by the public certain premises , including certain 7 retail stores including R.H. Macy, Inc. , and the various DOE 8 defendants previously described, DOES SEVENTY-FIVE through ONE 9 HUNDRED, Sun Valley Mall, and Buchanan Field. 10 37. At all times herein mentioned the aforesaid Sun Valley 11 Mall,the DOE defendants therein, R.H. Macy, Inc. and Buchanan 12 Field were defective, dangerous and unsafe and posed an 13 unreasonable risk of harm to those persons utilizing said premises 14 for lawful business and non-business purposes. 1s 38 . The defects and dangerous conditions of the premises, ' 16 in design, manufacture, construction and/or location and placement 17 of the foregoing mall, stores, and air field which has designed, 18 manufactured, constructed, built and located by defendants, and 19 each of them, proximately caused the injuries to plaintiffs as 20 aforesaid. 21 WHEREFORE, plaintiffs pray judgment against defendants, 22 and each of them, jointly and severally as follows : 23 1. For general damages that may be proved; 24 2. For special damages that may be proved; 25 3. For pre-death medical expenses recoverable to the Estate 26 of Patricia Larson; o. MIA& .Our -11- .eq� �m. 1 4. For funeral and burial expenses according to proof ; 2 5. For prejudgment interest as permitted by law; 3 6. For costs of suit; and 4 7. For such other and further relief as the Court may deem 5 proper. 6 DATED: WALKU , SHELBY, -BASTIAN, MELODIA, KELLY & 01REILLY 7 BY 8 J D TH J. R TSCHLER RALPH W. BASTIAN, JR. 9 DANIEL DELL[ OSSO 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 u.or"CO or WALKUP.sMttn./AS[laa. -12- WILMA.a[u*&WHIILY •rMORSS*"L CORPONAT-00 ["e" MOµOG•IO[.ROOM G%0 Chin OM.1M f[a[([ Tu[ra"Ci5C0 O $4100 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 21 , 1986 and Bo;.rd Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount.: Unspecified Section 913 and 915.4. Please not all "WARNINGS" oun Y ounsel CLAIMANT: DOROTHY A. GRAIWI ET AL c/o Fisher & Hurst SEP 21' 1986 . ATTORNEY: Attn: Stephen C. Kenney, Esq. 55. hloris Davidovitz , Esq .Date received Martinez, GA �'7 »3 ADDRESS: Scott D. Raphael , Esq-BY DELIVERY TO CLERK ON September 22 , 1986 Four Embarcadero Center 25th Floor BY MAIL POSTMARKED: September 19, 1986 San Francisco, CA 94111-4132 Certified P 017 967 693 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: September 23 , 1986 gqIl Bep�tyLOR, Clerk 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 6 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 unaimous 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. c Dated: O C T 2 1 1986 PHIL BATCHELOR, Clerk, By QDeputy Clerk WARNING (Gov, code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. OCT2 2 198 Dated: BY: PHIL BATCHELOR by YWdZe—., Deputy Clerk CC: County Counsel County Administrator STEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. SCOTT D. RAPHAEL, ESQ. y� LAW OFFICES OF 1 FISHER & HURST FOUR EMBARCADERO CENTER 2 SAN FRANCISCO, CALIFORNIA 94111 TELEPHONE f415) 956.8000 ry ,0�� 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, as the Executor of the ESTATE OF 6 JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) THE ESTATE OF JAMES M. GRAHAM, ) 12 ) CLAIM FOR INDEMNITY Claimant, ) 13 ) v. ) 14 ) COUNTY OF CONTRA COSTA, ) . 15 ) Respondent . ) 16 ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executor of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is as follows : 23 24 DOROTHY A. GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM c/o FISHER & HURST 25 Attn: Stephen C. Kenney, Esq. 26 Moris Davidovitz, Esq. Scott D. Raphael, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 2 . The post office address to which claimant desires notice of this claim to be sent is as follows : 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. Scott D. Raphael, Esq. 4 FISHER & HURST Four Embarcadero Center, 25th Floor 5 San Francisco, California 94111-4132 6 3 . On December 23, 1985, in the City of Concord, County of Contra Costa, California, James M. Graham, John Frederick 7 Lewis and Brian Ward Oliver, were occupants of a Beechcraft Baron BA55A Aircraft, FAA Reg. No . N1494G, when said aircraft 8 crashed while attempting a landing at the Concord Buchanan Field Airport. All three occupants of said aircraft were 9 killed in the crash. DOROTHY JEAN LEWIS, PAMELA JEAN BARRAM, BARBARA KAYE LEWIS, DEBORAH LYNN LANDES, BRENDA ANNE LEWIS, 10 and ANDREW JAMES LEWIS, a minor, by and through his Guardian ad litem, DOROTHY JEAN LEWIS, are the survivors of JOHN 11 FREDERICK LEWIS, who was alleged to have been killed in the crash, which occurred at the Sun Valley Mall, located in the 12 City of Concord, County of Contra Costa, California . 13 4 . The County of Contra Costa is responsible for the design, construction, maintenance, operation, and 14 certification of the Concord Buchanan Airport, and control of its use. The County of Contra Costa is further responsible 15 for the certification, permission, approval, and the provision of zoning and ordinances permitting the construction of the 16 Sun Valley Mall, attracting a great number of persons, in close proximity to the Buchanan Field Airport, and below and 17 directly within a heavily traveled air corridor in the vicinity of the airport. 18 5 . On June 3 , 1986, a complaint for damages was filed 19 in the Superior Court of the State of California, In and For the County of Contra Costa, by DOROTHY JEAN LEWIS, PAMELA JEAN 20 BARRAM, BARBARA KAYE LEWIS, DEBORAH LYNN LANDES, BRENDA ANNE LEWIS, and ANDREW JAMES LEWIS, a minor, by and through his 21 Guardian ad litem, DOROTHY JEAN LEWIS. . (A true and correct copy of said complaint, Action No . 287074 , is attached hereto 22 as Exhibit "A" , and incorporated herein by reference) . The complaint alleges, inter alia, that on December 23 , 1985, 23 decedent James M. Graham and others negligently operated and controlled the subject aircraft, causing it to crash while 24 attempting a landing at the Concord Buchanan Airport . Said complaint was served upon claimant, Estate of Graham, on or 25 about September 8, 1986 . 26 -2- 1 6. If, in fact, plaintiffs DOROTHY JEAN LEWIS, PAMELA JEAN BARRAM, BARBARA KAYE LEWIS, DEBORAH LYNN LANDES, BRENDA 2 ANNE LEWIS, and ANDREW JAMES LEWIS, a minor, by and through his Guardian ad litem, DOROTHY JEAN LEWIS, sustained damages 3 as alleged in their complaint in Action No. 287074 , said damages were caused by the primary and active negligence or 4 other fault of the County of Contra Costa . Claimant, therefore, alleges that it is entitled as a matter of law to 5 indemnity from the County of Contra Costa for any judgment or settlement in favor of plaintiffs, DOROTHY JEAN LEWIS, PAMELA 6 JEAN BARRAM, BARBARA KAYE LEWIS, DEBORAH LYNN LANDES, BRENDA ANNE LEWIS, and ANDREW JAMES LEWIS, a minor, by and through 7 his Guardian ad litem, DOROTHY JEAN LEWIS, together with claimant ' s attorneys ' fees and costs . 8 7. Further, if claimant is liable to plaintiffs, 9 DOROTHY JEAN LEWIS, PAMELA JEAN BARRAM, BARBARA KAYE LEWIS, DEBORAH LYNN LANDES, BRENDA ANNE LEWIS, and ANDREW JAMES 10 LEWIS, a minor, by and. through his Guardian ad litem, DOROTHY JEAN LEWIS, it will be because of the comparative negligence 11 or other fault of the County of Contra Costa. Accordingly, claimant alleges that the County of Contra Costa is required 12 by law to contribute to the amount of any judgment or settlement in favor of plaintiffs, DOROTHY JEAN LEWIS, PAMELA 13 JEAN BARRAM, BARBARA KAYE LEWIS, DEBORAH LYNN LANDES, BRENDA ANNE LEWIS, and ANDREW JAMES LEWIS, a minor, by and through 14 his Guardian ad litem, DOROTHY JEAN LEWIS, in accordance with the comparative degree and nature of its fault in causing said 15 plaintiffs ' damages, if any, and is required to reimburse and indemnify and hold claimant harmless for the amount of any 16 such judgment or settlement which is in excess of claimant ' s proportional share thereof, if any, as determined by the 17 comparative degree and nature of the respective fault in causing plaintiffs ' damages, if any. 18 8 . As of the date of the filing of this claim, the 19 extent of the damages and injuries incurred by plaintiffs in the above-mentioned action is unknown to claimant, and will be 20 determined in the aforementioned.- pending litigation. 21 9 . At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 22 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant . 23 10 . At the time of the presentation of this claim, 24 claimant seeks the total amount of potential recovery by plaintiffs in Contra Costa County Superior Court Action No. 25 287074, (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra 26 -3- 1 Costa to provide a defense to and indemnify claimant for any and all damages, costs, and attorney' s fees it may suffer as a 2 result of the complaint brought by plaintiffs DOROTHY JEAN LEWIS, PAMELA JEAN BARRAM, BARBARA KAYE LEWIS, DEBORAH LYNN 3 LANDES, BRENDA ANNE LEWIS, and ANDREW JAMES LEWIS, a minor, by and through his Guardian ad litem, DOROTHY JEAN LEWIS, 4 against claimant, in Superior Court Action No . 287074, filed in the Contra Costa County Superior Court. 5 1 DATED: September 1986 . 6 FISHE 7 BY: 8 •S O D. RAPHAEL, Attorn6ys for Claimant, DOROTHY A. 9 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM, 10 Deceased. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -4- 26 LAW OFFICES OF 1 WALKUP. SHELBY, BASTIAN. MELODIA KELLY B O'REILLY 2 A PROFESSIONAL CORPORATION 850 CALIFORNIA STREET 3 SAN FRANCISCO. CALIFORNIA 94108 TcLEFNONc (415) 981-7110 q 5 ATTORNEYS FOR PLAINTIFF --- ----" 6 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF CONTRA COSTA 9 DOROTHY JEAN LEWIS, PAMELA ) JEAN BARRAM, BARBARA KAYE LEWIS) NO. C y' � � Ult 10 DEBORAH LYNN LANDES, BRENDA ) ANNE LEWIS, and ANDREW JAMES ) COMPLAINT FOR DAMAGES 11 LEWIS, a minor, by and through ) (Wrongful Death) his Guardian ad litem, ) 12 DOROTHY JEAN LEWIS, ' ) ) 13 Plaintiffs, ) 14 vs . ) 15 THE BEECH AIRCRAFT CORPORATION, ) GENERAL AVIATION SERVICES, ) 16 JAMES McGHEEHAN, THE ESTATE OF ) JAMES MOUNTAIN GRAHAM, THE SUN ) 17 VALLEY SHOPPING MALL, R.H. MACY) INC. , THE TAUBMAN COMPANY, INC. ) 18 WELLS FARGO BANK, as trustee of ) THE .TAUBMAN COMPANY, INC. , ) 19 CITY OF CONCORD, COUNTY OF ) CONTRA COSTA, DOES ONE through ) 20 THREE HUNDRED, inclusive, ) 21 Defendants. ) 22 23 FIRST CAUSE OF ACTION (Negligence) 24 Plaintiffs complain of defendants, and each of them, and 25 for a First Cause of Action allege : 26 1 . The true names or capacities, whether individual, PX4IBIT- I corporate, governmental or associate of the defendants named 2 herein as DOE are unknown to plaintiffs who therefore sue said 3 defendants by such fictitious names . Plaintiffs pray leave to 4 amend this complaint to show their true names and capacities 5 when the same have been finally determined. 6 Plaintiffs are informed and believe and, upon such information 7 and belief , allege that each of the defendants designated herein 8 as DOE is negligently or otherwise legally responsible in some 9 manner for the events and happenings herein referred to, and 10 negligently or otherwise caused injury and damages proximately it thereby to plaintiffs , as is hereinafter alleged. 12 2 . At all times herein mentioned, each and every of the 13 defendants herein was the agent, servant, partner, employee, 14 joint venturer and franchisee of each of the remaining defendants , 15 and at all times acting within the course and scope of said agency, 16 service, partnership, employment, joint venture and franchise 17 and each defendant has ratified and approved the acts of the 18 remaining defendants. 19 3. Plaintiff Dorothy Jean Lewis is the surviving widow 20 of John Frederick Lewis, deceased. Plaintiffs Pamela Jean Barram, 21 Barbara Kaye Lewis, Deborah Lynn Landes, Brenda Anne Lewis, and 22 Andrew James Lewis, a minor, are the surviving children of John 23 Frederick Lewis , deceased. Said plaintiffs constitute all the 24 heirs at law of John Frederick .Lewis . By Order of this Court, 25 Dorothy Jean Lewis has been appointed and is serving as the 26 Guardian ad Litem of Andrew James Lewis, a minor. FAN OFFICES O. WALKUP.SHELBY.BASTIAN. MELOOIA.KELLY B O-REILLY -2- A PFIVESSIONAL CORPORATION HE HARTFORD BLDG.-BOTH FLOOR 6%0 CALIFORNIA STREET SAN FRANCISCO,CA 94108 1415)981-7210 1 4 . At all times herein mentioned, defendant Beech Aircraft 2 Corporation was a Kansas corporation doing business in the State 3 of California. 4 5 . At all times herein mentioned DOES ONE through FIVE 5 were engine manufacturers. licensed to do and doing business within 6 the State of California. 7 6. At all times herein mentioned, DOES SIX through TWENTY 8 were instrument or other component manufacturers licensed to 9 do and doing business within the State of California. 10 7 . At all times herein mentioned defendants Beech Aircraft 11 Corporation and DOE ONE through DOE TWENTY-FIVE, inclusive, 12 designed, processed, constructed, manufactured, assembled, 13 prepared, selected materials , parts and components , represented 14 to tests and inspect, manage , maintain, repair, service, own 15 and sold a certain twin engine aircraft known as the Beechcraft 16 Baron. 17 8 . At all times herein mentioned, defendants and each of 18 them so negligently and carelessly designed, processed, 19 constructed, manufactured, assembled, prepared, selected materials , 20 parts and components , represented to tests and inspect, manage, 21 maintained, repaired, serviced, owned, leased and sold said 22 aircraft and its component parts so as to cause said aircraft 23 on December 23 , 1985 to fall and crash into R.H. Macy, Inc. ' s 24 store in the Sun Valley Mall in Concord, California thereby killing 25 John Frederick Lewis. 26 9 . At all times herein mentioned defendants Sun Valley LAW O//IC L6 O/ ' WALKUP.SHELBY.BASTIAN. MELOOIA.KELLY At O-REILLY -3- A 3- A PROFESSIONAL CORPORATION «E NARi/ORD BLDG•30?.FLOOR 650 CALIFORNIA STREET SAN FRANCISCO.CA 94108 44151 9817210 I Mall, General Aviation Services and DOES TWENTY-SIX through FORTY, 2 and each of them, were business entities the exact form and nature 3 of which are unknown to plaintiffs who pray leave to amend and 4 insert the same when they are ascertained, but which business 5 entities were at all times doing business within the State of 6 California. 7 10 . At all times herein mentioned R.H. Macy, Inc. was a 8 corporation, licensed to do and doing business within the State 9 of California. 10 11. At all times herein mentioned, the Wells Fargo Bank, 11 trustee for The Taubman Company, Inc. , and its predecessors in 12 interest, The Taubman Company, Inc. , a Michigan corporation, 13 and DOES FORTY-ONE through FORTY-FIVE were corporations or other 14 entities doing business in the State of California for the purpose 15 of owning, placing, designing, building, leasing, managing and 16 maintaining the shopping mall known as defendant herein Sun Valley 17 Mall. 18 12 . At all times herein mentioned defendants Sun Valley 19 Mall, R.H. Macy, Inc. , The Taubman Company, Inc. , Wells Fargo 20 Bank as a trustee of The Taubman Company, Inc. and DOES TWENTY-SIX 21 through FORTY-FIVE and each of them, negligently, carelessly 22 and recklessly designed, built and placed a shopping center and/or 23 store that attracts a great number of people on a heavily 24 trafficked air corridor,with known and foreseeable visibility 25 problems due to weather patterns in the vicinity of Buchanan LAW OFFICER 0.26 Field Airport in the City of Concord, County of Contra Costa, WALKUP.SHELBY.BASTIAN, �ELOOIA.KELLY G O'REILLY -4- A 4- A RROFMIONAL CORNORATION -E NAP7FORD SLOG-301.FLOOR $50 CALIFORNIA STREET SAN FRANCISCO.CA 94108 IRIS)981-7210 I State of California. Said defendants knew or should have known 2 that aircraft were likely to and did fly over their mall and/or 3 store, that weather patterns created specific hazards, and that 4 it was foreseeable that an aircraft might crash and/or collide 5 with said mall and/or store thereby injuring and/or killing patrons 6 on the premises . 7 13. On December 23, 1986 as a direct and proximate result 8 of the matters aforesaid, an aircraft on a missed approach crashed 9 and fell into the above described mall/store thereby injuring 10 plaintiffs as hereinafter set forth. 11 14 . At all times herein mentioned, defendants City of Concord 12 and the County of Contra Costa were, and are governmental entities . 13 15 . Within 100 days of the accrual of the within cause 14 of action, written claims for damages setting forth the matters 15 herein alleged were duly and regularly presented to the County 16 of Contra Costa and to the City of Concord on behalf of plaintiffs 17 in accordance with the appropriate sections of the California 18 government code. Said claims have been denied. This claim is 19 timely filed in the time prescribed by law after the denial of 20 said claim. 21 16 . At all times herein mentioned, the City of Concord, 22 and/or County of Contra Costa and DOES SEVENTY-ONE through 23 SEVENTY-FOUR owned, maintained, operated and controlled Buchanan 24 Field and/or the premises known as and developed as Sun Valley 25 Mall. Said field and mall were negligently and carelessly LAW OFFICES OF 26 developed, planned, designed, constructed, operated, maintained NALKOP.SNELBY.BASTIAN, AELOOIA.KELLY B O'NEILLr -55- A PQORSS�ONAL CORPCOATION [.ARUCAD BLDG-701.,LCGR ESO CAUTORNTA STREET SAN ,RANCISCO.CA 94108 4415)9817210 I and controlled by said public entities in a dangerous, defective 2 and hazardous condition in that, inter alfa, the airfield and 3 mall were located so close to one another that approach and 4 departure corridors overlapped the mall and that aircraft in 5 poor weather . conditions would be forced to fly over the mall 6 on approaches and/or departures thereby exposing patrons at the 7 mall to the dangers posed by aircrafts malfunctioning on departure 8 and/or landing. 9 17 . Plaintiff is informed and believes and upon such 10 information and belief alleges that at all times herein mentioned, 11 defendants and each of them knew or in the exercise of reasonable 12 care should have . known of the dangerous , deceptive and defective 13 conditions posed by the proximity of said airport and the Sun 14 Valley Mall. 15 18 . As a direct and proximate result of all of the aforesaid 16 negligence and carelessness, and of said dangerous, defective 17 and deceptive condition posed by Buchanan Field and/or Sun Valley 18 Mall and their proximity there was a reasonably foreseeable risk 1g that aircraft would crash and/or fall into Sun Valley Mall causing 20 others to sustain serious bodily injury or death, as the proximate 21 result of the negligence and carelessness and of said condition 22 of said airfield and mall. 23 19 . At all times herein mentioned General Aviation Services 24 and DOES TWENTY-SIX through FORTY-FIVE owned, serviced, repaired, 25 maintained, overhauled and oversaw the general airworthiness 26 of a certain Beechcraft Baron aircraft referred to above. L.YY OFFICER G. "t" UR,SHELBY,BASTIAN. L 4ELODIA.KELLY B O-REILLY -V- • PROFESSIONAL CORPORATION '.E HARTFORD BLDG'301.FLOOR 6S0 CALIFORNIA STREET SAN FRANCISCO. CA 94108 1415)9817210 1 20. Plaintiffs are informed and believe and thereon allege 2 that at all times herein mentioned, James McGheehan, and DOES 3 FORTY-FIVE through FIFTY-FIVE were the owners , operators, lessors, 4 lessees, or otherwise exercised maintenance or control over a 5 twin engine Beechcraft Baron aircraft referred to hereinabove. 6 21 . Plaintiffs are informed and believe and thereon allege, 7 that at all times herein mentioned, James Mountain Graham, 8 deceased, and DOE FIFTY-SIX were the pilot and operator of the 9 aforementioned twin engine Beechcraft Baron aircraft. 10 22 . Plaintiffs are informed and believe, and thereon allege 11 that at all times herein mentioned, James Mountain Graham, 12 deceased, and DOE FIFTY-SIX were piloting and operating the 13 aforementioned aircraft with the full knowledge, consent and 14 permission of defendants and each of them, and at all times herein 15 mentioned, James Mountain Graham, deceased, and DOE FIFTY-SIX 16 were acting within the course and scope of his employment, 17 independent contract or other relationship with defendants and 18 each of them. 19 23 . On, about or prior to December 23 , 1985 defendants 20 and each of them, so negligently, carelessly and recklessly owned, 21 operated, repaired, maintained, overhauled, entrusted, navigated, 22 aviated and inspected the above mentioned Beechcraft Baron aircraft 23 so as to proximately cause it to fail, crash and fall into the 24 Sun Valley Shopping Mall on December 23 , 1985 and proximately 25 thereby caused the injuries and damages hereinafter described. 26 24 . At all times herein mentioned DOES FIFTY-SEVEN through LAW OFFKC1 or WALKUP.SHELBY.BASTIAN. NELODIA,KELLY 1 O'REILLY —7— A PROFESSIONAL CORPORATION " E NAA?FtRO BLDG-70TN FLOOR 650 CALIFORNIA STREET SAN FRANCISCO CA 96109 I4151 9067210 I SEVENTY were certain architects , designers and engineers the 2 exact identity of which is unknown to plaintiffs at this time 3 who pray leave to amend and insert said identities when the same 4 are finally determined. 5 Plaintiffs are informed and believe and upon such information 6 and belief allege that at all times herein mentioned defendants 7 DOES FIFTY-SEVEN through SEVENTY were responsible for the design, 8 construction, location and building of the Sun Valley Mall 9 including its safety and escape features . 10 25 . At all times herein mentioned, defendants DOES 11 FIFTY-SEVEN through SEVENTY were so negligent and careless in 12 or about the design, location, construction and building of the 13 Sun Valley Shopping Mall that said mall was in a dangerous and 14 defective condition in that it was poorly located, as previously 15 alleged; had inadequate fire fighting, escape and other safety 16 features necessary to protect patrons on or about the premises 17 in the event of fire or other emergency. 18 26 . As a direct and proximate result of the negligence 19 and carelessness of DOES FIFTY-SEVEN through SEVENTY and each 20 of them as aforesaid plaintiffs suffered and sustained injuries 21 and damages as hereinafter set forth. 22 27 . On or about December 23 , 1985 John Frederick Lewis 23 was a passenger in the aforementioned aircraft. 24 28. As a direct and proximate result of all of the aforesaid 25 acts and omissions, negligence and carelessness, the aforementioned LAW U..,GKf o.26 aircraft crashed into the Sun Valley Mall on December 23 , 1985 , WALKUP.SHELBY.BASTIAN. NELOOIA.KELLY 8 O*REILLY -8- A 8- A PROFESSIONAL CORPORATION .[NARTFORO SLOG•70T.FLOOR 650 CALIFORNIA STREET SAN FRANCISCO CA 94108 1415)98)7710 I resulting in the death of plaintiffs ' decedent. 2 29 . At all times herein mentioned, Dorothy Jean Lewis was 3 the lawful wife of John Frederick Lewis , and Pamela Jean Barram, 4 Barbara Kaye Lewis , Deborah Lynn Landes, Brenda Anne Lewis and 5 Andrew James Lewis, a minor, were the children of John Frederick 6 Lewis. By reason of the death of John Frederick Lewis , plaintiffs ' 7 decedent, his power to earn and accumulate money and property 8 has been destroyed, and plaintiffs have been permanently deprived 9 of this and of a kind and loving husband and father, and of the 10 care, comfort, love, companionship, services , society, affection, 11 instruction, advice , training, guidance, protection, counsel, 12 support, contributions, inheritance and right of inheritance 13 of said plaintiffs ' decedent all to their damage according to 14 proof . 15 30 . By reason of the death of John Frederick Lewis , 16 plaintiffs incurred funeral and burial expenses in memory of 17 and for plaintiffs ' decedent in an amount that will be determined 18 at time of trial. 19 . WHEREFORE, plaintiffs pray judgment against defendants as 20 hereinafter set forth. 21 SECOND CAUSE OF ACTION (Strict Products Liability) 22 Plaintiffs complain of defendants , and each of them, and 23 for a Second Cause of Action allege : 24 31 . Plaintiffs refer to, reallege and incorporate by 25 reference as though fully set forth herein each and every L.N'G.apKK OF 26 allegation contained in their First Cause of Action. WALKUP.SHELBY.BASTIAN, +CLOOIA.KELLY 6 WREILLY t —9- 4 9_A .ROFESS'OHAL CORPOAAT;OH I -E•.RTFOPO BLDG-73T.ROCK CSO CALITOPYV STREET SAN FPANCISCO CA 94:06 E4I51 96Wt10 4 I unreasonable risk of harm to those persons utilizi.:g said premises 2 for lawful business and non-business purposes . 3 37 . The defects and dangerous conditions of the premises , 4 in design, manufacture, construction and/or location and placement 5 of the foregoing mall, stores , and air field which was designed, 6 manufactured, constructed, built and located by defendants, and 7 each of them, proximately caused the injuries to plaintiffs as 8 aforesaid. 9 WHEREFORE, plaintiffsra p y judgment against defendants , 10 and each of them, jointly and severally as follows : 11 1 . For general damages that may be proved; 12 2 . For special damages that may be proved; 13 3 . For funeral and burial expenses according to proof , 14 4 . For prejudgment interest as permitted by law; 15 5 . For costs of suit ; and 16 6 . For such ether and further relief as the Court may deem 17 proper. 18 DATED: 6-Z46� WALKUP, SHELBY, BASTIAN, MELODIA, 19 ELL 0' EILLY BY �� UDI J. NTSCHLER RALP W. BA TIAN, JR. 21 DANIEL DELL'OSSO 22 23 24 25 26 LAW OFncKS or WALKUP.SNELOY.BASTIAN. — NELODIA.KELLY A O'REILLT A PROFESSIONAL CORPORATION •.E NARtfCRO SLOG-70TH FLOOR 650 CALIFORNIA STREET SAN FRANCISCO.CA 94106 14151 9814210 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 21 ]f986 and Board Action, All Section references are to ) The copy of this document mailed to you is your notIC6 o California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: "$'166 .49 SeCzioR 313 ar 3i .w`. 7IZ4; ,iot 611 "WARNINGS". CLAIMANT: VICKIE I.I. EFHRE"IS COLMty Counsel ATTORNEY; SEP 3:0 1986 Date received Martine-7 n/� C,t X57 ADDRESS: 81 Sea POiP_t Way BY DELIVERY TO CLERK ON September 24, i9�36 Pittsburg, CA 94565 BY MAIL POSTMARKED: September 22 , 1936 I. FROM: Clerk of the Board of Super isors TO: County Counsel Attached is a copy of the above-noted claim. September 26+ 1986 BHHIL BATCHELOR, clerk DATED: epu L. Hall II, FROM: County Counsel TO: Clerk of the Board of Supervisors 94 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: B 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. BOAARRD' ORDER: By unaimous vote of the Supervisors present (J�) This Claim is rejected in full. �( �) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. c Oated: C.T .1 X986 PHIL BATCHELOR, Clerk, By �/ Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your Choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I ,declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. OCT z 21986 Dated: BY: PHIL BATCHELOR by �puty Clerk CC: County Counsel County Administrator f 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 Clerk' s filing stamps Vickie M. Behrens 81 Sea Point Way Pittsburg, CA 94565 Against the COUNTY OF CONTRA COSTA) SEP or DISTRICT) HEia� ' (Fill in name) The undersigned claimant hereby makes claim agai e County of Contra Costa or the above-named District in the sum of $ 166 .49 and in support of this claim represents as follows: ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) September 6, 1986 6:30 p.m. -----------T------------------------------------------------------------ 2. Where did the damage or injury occur? (Include city and county) Pittsburg, CA Between Standard Oil Avenue on Pittsburg-Antioch Highway, approx. 50' from eastern tangent point on horizontal curve. (See attached map) ------------------------------------------------------------------------- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) Driving along the Pittsburg-Antioch highway, road curved slightly to the left, my two right wheels hit a caved in area on the right side of the highway pavement. The tires immediately went flat and I pulled to the side of the road. At the same time a vehicle directly in front of me also pulled over to the side of the road (see 4 . What particular act or omission on the part of county or district attach officers , servants or employees caused the injury or damage? Poor maintenance of highway. (over) 5. What are the names of county or district officers, ;ser ants Krc .r_ I employees causing the damage or injury? Road maintained by Contra Costa County Public Works - -- - --m-- ------------------------------------------------------ 6-.--Wh-at-daage----or--injuries do you claim resulted? (Give full extent of injuries or .damages claimed. Attach two estimates for auto damage) Two tires split on the inside, wheels bent and front end out of alignment. ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) See Attached repair invoices. ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. Calista Archuleta, daughter - Passenger David Behrens, husband Both at 81 Sea Point Way, Pittsburg, CA 94565 ----------- ------------------------------------------------------------- 9. .List the expenditures you made on account of this accident or injury: `8 DATE- .. ITEM AMOUNT 9/8/86` Two replacement tires $141.54 9/16/86 Front end alignment 24 .95 ************************************************************************** Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney Claimant' s Signature Address Telephone No. Telephone No. NOTICE - Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill , account, voucher, or writing, is guilty of a felony. " Claim To: Contra Costa County (Continued) 3. How did the damage or injury occur? (Give full details, use extra sheets if required) with a flat tire caused by the same area on the highway (I did not get his name) . My car was towed by AAA road service tow truck to my home. 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N {ll G zm r i A W W (N,l fNJ fNJ N N N N (J W N'" O 2 O m 2 O m ill A W N f0 0p A N OD O `N ' m O N z .. y m^C'Wy - O l<%l2>=� Z -1 .N 1 N (AlD N m Z. Z' m�'. i C 2 `a m - TOPO C -4 C x xp [ 9 a S 9 = S N D' co m m z Mm�CO n m C m CC) f! O }7� Z x x m m n` S , o £ a o O z x C ti C 7c Z ;i* -4 m m r r = �. y "FA Z D- 9 v' 9 r 'b m m) m r y y N myy y p z{,my Cl m > 5 Ai � O O O 1 m 9 -r N .- N co IT O o ; J tiro Z mm=m \ 9 N S N\ m a N N ❑ N s �� D m D O O Y S N m 5 i ❑ D m PD nT n m d o - ay2y x s m r _ nOrnO Z N ❑ a {._ Mll�z r a m p?i m '� M r m T ,� \ , ( J. r. IJV DO Co = m • r��l�...jjj� 1 L ream 9 m low : c so r lOiim y mm YO o O tomo M. r <o�• , pp a pTl9i M '4 9 A � �• Z � rn m OO - —I M P �•o • m 1 C S • � T H O a a 3 2 CD C `4 r <.. . ; T i y yyrl _ • St m yi z - m f m_ m u z cpm O A i ° + a a u �a o .CO) r ) y m V VI 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 21 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $7 , 000 Section 913 and 915.4. Please not all "AWLNG9y: COLmsei CLAIMANT: RAY J. LEWIS SEP 3:0 1986 C/o Stephen W. Thomas fJfartinEz, CA 9�k ;; ATTORNEY: 279 Front Street Ddnville, CA 94526-0218 Date received ADDRESS: BY DELIVERY TO CLERK ON September 24, 1986 BY MAIL POSTMARKED:_ September 23 , 1986 Certified P 114 595 782 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. fibIL BATCHELOR, Clerk DATED: September 25 , 1986 : Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (x) This claim complies substantially with Sections 910 and 910.2. This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 6ct BY: c GIS- L�t—�At_.®e�ty County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unaimous vote of the Supervisors present X, This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. (/ Dated: OCT 2 11986 PHIL BATCHELOR, Clerk, By___.4 I , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately, AFFIDAVIT OF MAILING I ideclare under, penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:_ OCT 2 2 1986 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator I Z DD dt�'c l 1106 Danvi Ue &vd. A&no, CaZi� 94507 SeD423, 1986 Q Icy�pgg8ArcNE( BY...... CONTgA COg 4 coORS Boaird of Supeavt dvlw of Conti= Coda Cowdy C.leah of #fie &and of Supeavc 4olw Room 106 651 /Pine S4 &a� iinep Ca-Lf. 94553 Dean. S.iA: Cndoae 4:A oua Claim do dannacge done on oua plwpe* a;t 1106 Danvi Ue blvd. W-mno, Cat-f. dua.inq Ae big actin d .cn Feb. 1986. We have 6een in coa&c;t wiA #fie Flood Coniw,4 /1b lance Dept. of Conga Co-d;& Count a.ince ilaach. 20A, 1986 on ;�W CZm m. Oua. manly #elephone ca,UA w.u4 I am acute, 6e'.on ;&ei4 f ae4. We ate f .Zi Shia Claim as #o date we have had no 4 ti4faction. cnceaely, _?a,u L _ MAIM`M TO: � � BOARD OF SUPERVISORS OF CONTRA CO§*rF09WWapp1irat1on to: Instructions to ClaimantC!erkoithe Board 4;�ri Martinez,Calitomia 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the -cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at .its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims s_"-* 1pe _ileA Aaainat ieat;.x' public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end oT this form. RE: Claim by )Reserve s ilin stamps 772 !.c i pECE1WV Against the COUNTY OF CONTRA COSTA) ) N YBAI/�ELORU Efl$ or DISTRICT) c� K NT ,.E_...foe" Fill in name The' undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 76p6--_ and in support of this claim represents as follows: %77 q p — — --—--------— —-------- -- 1. When did---—the---d—amag----a--or--T inl-—ur ocive cur? (Gexact date and hour --- s. wnere aia zhe damage or injury occuri (include city and county) F-A U � Fu L.s,4 lin y L eY� l Or C'Rc.Gk f_�lY�l__ Ct_7 3T How did he damage�or in�111�jury occur? (Give tul details, use extra sheets if required) o 00 a- / �f i d n off` .� ,tea m o n`7 7Y1 a_i n-7 -- ----- e__ b nr_7 /)e - - s - e ---- 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? (over) 5. � What are the names of county or district officers, servants or' employees causing thy, damage or in ury? 6. what damage or injurilhs do you claim resulted? Give full exterft of injuries or damages claimed. Attach tw,o�/estimates for auto C V 0- C".r ------w was ------------------------------------Ilii---------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) e_ B. Names and addresses of witnesses, doctors and hospitals. ------------------------------------------------------------------------- i ures you made on account of this accident or injury: DATE ITEM AMOUNT seg r, 3iy Jle 49-77-0 R 4'ce- re-e-s Se.P 7-. a 3,1Yel / Sa Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or ome erson pn his behalf. " I Name and Address of Attorney a ant s Signature D4- T S deet r A Lro� P-� air Address /`: m3 0S S.� TSiep it7liE NO. LT�-+.5� Ya'Q -�•�.� 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 of 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 /01'C.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 21, 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below). given pursuant to Government Code Amount: Undetermined Section 913 and 915.4. Please not all "WARNINGS". County Counsel CLAIMANT: FREDERICA GAIL DAVI SE,P 21 1956 ATTORNEY: Date received Maittne.-, CA 945;,? ADDRESS: 79 Bella Vista #E BY DELIVERY TO CLERK ON September 22 , 1986 hand del . Pittsburg, CA 94565 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. September 23 , 1986 eeHHIL BATCHELOR, Clerk DATED: BY: Deputy t X L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. % This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying // \\ claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: "a•5-, 1,Z6 BY: C/Gc � a�uty County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unaimous 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 2 119006 � �� Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. OCT 2 21986 Dated: BY: PHIL BATCHELOR by � Deputy Clerk CC: County Counsel County Administrator QLAIM 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 -f ' ling stamps JR. ECEIIVED ) S EP 1�1986 Against the COUNTY OF CONTRA COSTA) / /a 4A>,`y. WIL B.�TCHcIC' or DISTRICT) Fill in name) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) r --=----------------------------------------- --------------------------- 2. Where did the damage or injury occur? (Include city and county) 5Y1'rz . CoV�}�{ Y1o�Qt�q\ C�I�-L. �ptlFY`c� C�S� LZ Cc)ur)t �/. -------------------------------------------------- -------I---------- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) L\;mb��a� the V- 'Z' ) J'k %iN'Pp,--d ©n SoMe brusho,"d. Druf)(N)cS t-' c`r hod 0kPV>arfn*ty �o1\ems :1: Ste Ped baLK 6'�rl rn� 1e � moo fi +o co.�ch ------------------------------------------------------------------------ 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? X0.1 U e +C) C\-eQ v� Ck y-)d CSt-0r o:Ja q S (over) L 5. What are the names of county or district officers,-servants %7orr� r_ ~ I employees causing the damage or injury? ------------------------------------------------------------------------- 6 . What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Torr 1Pgar,-,erf+ Fooi- tend Ck IC_ - Su)oller'�nPss �p lYlpVe 0.r-iKle - Sever re fla r1 _ rv-rnus+ q--<D t-6 -t-herQP� ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) 8. -- N------ames-----and---addresses----------of-----witnesses------,--doctors----------and-------hospitals----.------------- ryl+z - eovR+ �-j hoSlpOCQ-k KG , (3o-nK of Amer- (C'0. (3\Ao Sc,r)�q darn Y�, 9. List:`"th8• expend�tures._.you made on account of this accident or injury: ;bATEr � a ITEM AMOUNT 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 u fie , , A ,(� Claimant' s Signature X79 (inCOalcn, ALA- Address ._(7/_9 9416&S m"7, Telephone No. Telephone Noq^rR(�q ************************************************************************** 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. " CLAI':: TO: BOARD OF SUPERVISORS OF CONTRA CO§9_10rrPo%J9Vappiicationto: Instructions to ClaimantC!erk of the Board P.O.Box 911 Martinez,California 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec . 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , California 94553. C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end oT this form. RE: Claim by ) Reserved for Clerk' s filing stamps Sharron (Ulloa) Alvarez REVED Against the COUNTY OF CONTRA COSTA) SEPCI; 1986 or DISTRICT) PH!i enxHaoc Ci[,K eo�t_)t MEM.scl. (Fillin name ) ccrrc,�. a: �. C De ir, The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ SUBJECT TO PROOF and in support of this claim represents as follows : ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) From June 14, 1986 to the present. ——— T—————--————--—o � —r—T—*—--1n�ury--—————occur?—--——————(Include——————city———and———county—----)--------- W�iere did the damage Santk Rita, Alameda County and Contra Costa County, including Richmond. ----————----—————————--————————--——----——— --—-- — — ——T————--————--—-- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) Claimant was arrested on a warrant which was erroneous, not recalled following disposistion of her case. She was held in jail (Santa Rita) for five days, and subsequently lost her job due to the arrest. ---------------------------------------------- 4. What particular act or omission on the. part of county or district officers , servants or employees caused the injury or damage? Failure to recall the warrant following disposition by plea of her criminal charges for petty theft. Failure to contact Alameda County officials when notified of arrest to authorize release. (over) :;--j4 are the names of county or district officers, servants or employees causing the damage or injury? Unknown. 6. What damage or injuries do you claim resulted? ZGive full extent of injuries or damages claimed. Attach two estimates for auto damage) Loss of job, emotional distress, loss of reputation. 7. How was_ the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Excess of $100,000.00 ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. To be .provided when. dks4overed. 9. List the ,expendi,tures .youu made on account of this accident or injury: DAVE , ITEM AMOUNT On June A—,'* A86 •Mary Nunez received second mortage on her home to provide secunity for bail bond. Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or IDY some PersDmon his behalf. " Name and Address of Attorney David S. Rosenberg9 C a nt s Signatu e , Es 332 So Street 5836 Ocean View Drive Address Oakland, CA 94618 Richmond, CA 94801 Telephone No. 415-652-5745 — Telephone No. 415-235-8851 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. " SCS 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 21 , 1986 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $50, 000. 00 Sec-Jon 513 ani 915.4. Please not all WbIffik"Counscl CLAIMANT: ROGER P. MURRINGTON S E P 12 1' 1936 c/o John C . Smith, Jr. ATTORNEY: The Law Office Martine.,, CA 9,15.53 165 Fell Street Date received ADDRESS: Sari Francisco, CA 94102 BY DELIVERY TO CLERK ON September 22 , 1986 BY MAIL POSTMARKED: September 19 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: September 23, 1986 NAIL BAATCtELOR, Clerkepu O 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: O S gy � 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 unaimous 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. - �J Dated: OCT 2 1 1986 PHIL BATCHELOR, Clerk, By Y � Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: OCT 2 21986 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator w + RECEIVED 1` 1 LAW OFFICES OF SEP 2 JOHN C. SMITH, JR. OC11 A PROFESSIONAL CORPORATIONu. a C T ELL n 3 163 FELL STREET U 048 SAN FRANCISCO, CALIFORNIA 94102 BY •• .i. ., T (413) 661-1666 4 5 ATTORNEYS FOR Claimant ROGER P. MURRINGTON 6 7 g IROGER P. MURRINGTON, 9 Claimant, CLAIM AGAINST THE COUNTY OF CONTRA COSTA 10 v- 11 COUNTY OF CONTRA COSTA. 12 13 14 TO: Clerk Board of Supervisors 15 County of Contra Costa 651 Pine Street 16 Martinez, CA 94553 17 Name and address of claimant: Roger P . Murrington 1513 Greenridge Drive 18 Pittsburg, CA 94509 19 20 Please address all notices to The Law Offices of John C. Smith, Jr. 21 165 Fell St. , San Francisco, CA 94102 . 22 This claim arises out of an incident which occurred on 23 or about June 19 , 1986 . It is alleged that the sidewalk area near 24 223 Sycamore Drive in Antioch, California was cracked and in an 25 unsafe conditionat the time of the accident. Plaintiff fell from 26 a ladder which was collapsed due to the cracked condition of the cw 177 A `4-y II • I r 1 sidewalk, causing him to suffer severe injuries to his right leg. 2 Special damages are not known at this ime and general 3 damages are in excess of $50, 000 . 00 . 4 Dated: September 19, 1986 5 JOHiT C. SMITH, JR. 6 Att rney for Claimant 7 8 9 10 11 12 13 14 15 , 16 17 18 19 20 21 22 23 24 25 26 -2- +r 1 PROOF OF SERVICE BY 1-AIL 2 My business address is 165 Fell Street, San Francisco, 3 California, 94102 . I am over the age of eighteen years and not a 4 party to the within above-entitled action. On the below mentioned 5 date I served the attached document (s) on the parties of record in 6 said action, by placing a true copy thereof enclosed in a sealed 7 envelope with postage thereon fully prepaid in the United States 8 mail box at San Francisco, California, addressed as follows: 9 10 DOCUA?ENT (S) : CLAIM AGAINST THE 11 12 13 14 Clerk Board of Supervisors 15 County of Contra Costa 651 Pine Street 16 Martinez , CA 94553 17 18 19 20 21 22 23 24 I declare under penalty of perjur&tthe foregoingis true 25 and correct. Executed at San Franciscnia on 26 September 19 . 1986 'RUTH ZUBE rw� IT /,iS CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA \ aim Against the County, or District governed by) BOARD ACTION a Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 21 , 1986 a Board Action. All Section references are to ) The copy of this document mailed to you is your notice of .alifornia Government Codes. ) the action taken on your claim by the Board of Supervisors ' Unspecified (Paragraph IV below), given pursuant to Government Code ".:_. t. p Section 913'and 915.4. Please not all "WARNINGS". CLAIMANT: RAMON PAGAN County Counsel ATTORNEY: Su2 1'1986 Date received � �,1� 0 ADDRESS: 145 13th Street BY DELIVERY TO CLERK ON SeptemSPTIT— Richmond, CA 94801 BY MAIL POSTMARKED: September 20, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: September 23 , 1986' BATCHELOR, Clerk : Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (x) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply'substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: c526 , /9S>4� BY: `�'— �'c �' 'tom'—J Deputy County Counsel —� — V 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 unaimous vote of the Supervisors present (i[) 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. Q�/�� Dated: OCT 2' 1 986 PHIL BATCHELOR, Clerk, By / V �C C� Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: OCT 2 2 1986 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2 , Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106 , County Administration Building, 651 Pine Street, Martinez, CA 94553 (or mail to P.O. Box 911, Martinez, ,CA) ._ C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Clerk' s fiL ag stamps ' RECEIVED ) Against the COUNTY OF CONTRA COSTA) $EP9186 or DISTRICT) BATCHELOR CLERK BOA BOARD OF SUPERVISORS Fill In name) ) COrRACOSTACO. By ...`.- ::,.... Deputy The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: ------------------------------When did the or injury occur? (Give exact date and hour) --------B-T---- ------------------- --------------------------- 2. Where did the damage or injury occur? (Include city and county) _ s ti_ter__=_ S, �_ Ac -------------------------------- 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? (over) 5. What are the names of county or district officers; _:seri7antsr��or .` ,,,_rz I employees causing the damage or injury? ------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. ------------------------------------------------------------------------- 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 f„ Z Claimant' Signature Address Z3r -3S o Telephone No. Telephone No. — S 3 3 �XJ j�11jAl. 9-/ -86 wo R4 .uu M 84F *********************************************** ********************* **** 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�' � i' • o y HAFFIC COLLISION REPORT—Property Damage Only o�Rmeootne..;ppnrrw.)toinuow.enprty(' �.�� •IaClnl CONDITION• N O w DITr •' JYDI IAL DlaTwlpT NYYRfw 4 R • COUNTYREPORTINGOIaTw ICT MOAT - REIGN no OFF can • COLL.010 •f CUMN.0 on: OwYTfww A twM wClp O IICaR I.O. M.gsa,� .Sr �Ar�N Ti wa/n�ge now NnN JURY DI wu Tor AWAr��yy aTwra"WI �w uwTao ON: L/ Itlar B 0I /y ��/ ❑raa I�NO ❑Yaa IO11\,/w�-'e���`/ PARTY « r Ilwar,MIDGES,LAST «*Na IR w LM V T - DRI E. A....{a CITT ZII COOK eL 'A o. Dwrvaw•L_�t ElJya_.IM..qETAre JNmcwra _ EIw THowTa EEA •KD WE" ON rw TURN(/MODEL LIUNaD Nuraaw arwTf V....Ura O 401's y�f �4 alcY<. cOtow DlwaeiwN or o«/w<woa• aTR(lT ew rx+ryAV - .. - a aa-CMNT- - - O TwaVaL ` 7 orHaw YENIcu DAMAGE wOYOYED To V_2 _ ❑ .AwTY NAME '...T,MIDGES,Lwar •NOVO wuMaRw I ORIVa. ADDRESS CITY ZII CODA ryARRwTIVf/MIaC[LLwNfOUa ❑ GENION/LICE MSa«VUR{w •TAT. EIRYMDATa SSR ❑ TR ANA ...OL 10 _2LIC a NS[RUMORS STATE ........ aM.TYIf =CT'ON oI S+w{Ai ow«IO MwAV SraOe LIMIT TYNwr � h�T/moo/9 S'/ OAYAO. YOVfD TO O — Aloy�A w Am a SEA •w Y. wooRap \ MONO"UNARM AwTY'.D. w ❑ ad' � w 7- 7? 1 r 0 ► AGE KaN «wMa —__.�__.--_—__. _ 1I9DwOIE..._ PwoNR NurGRw IAwT'wo. rwwwrO ...- -.___ -__ADDRESS CROoPr. eAr AOaD IwelR wrY PRIMARY COLLISION FACTOR TRAFFIC CONT-OL 09%IC4-EOL I�t TY/E OI VTYtK oI VSNI C LC 1 1 NOV[MBNT fR[C 6DIN0 ILnT...Rfw (0101 'A."AT IAVLT71 I w LON+wcu wY«C......O�-"-• COLLISION �I OAS)a NGWP CAN(INCLUDE 0 A *ACTION A Ia CYION V10LAr[�8 CON Tw OL.NOT 11INCI.O.I.G. A SI.T.....00Nj �A .YOPIOUCON iwoLL NOT IVNCI.O«I.G. A SI.T....AOONj �A ZTOIIOo C CONT.01.Oa SCV SOOI 0 PAIS[NOUR CAN W/TRAILaw ■ IwOCaaCIwO STNAIONT 0 B OTMAw 1YIROIAR DRIVING• p CO«T.OLS NOT I.O..HT/1ACTOR C MOTORCYCLE/SCOOT.w C RAN OII ROAD C Than T...D+IV.M- TYPE OF COLLISION D PICKUP O.IwNaL TRUCK D MARINO EIGHT VU.. O ....OR. A ....... PICKUP ON PANEL TRUCK K MAKING LEFT TURN WCATHFR (III...I TOII+A M• B SmaawlPa B w/T..ILaw F MAKINSU TYw. A Cla1R C ....... P TRUCK ON TRUCK I.ACT.. X O MAC.IND B cLeuAv O EwowOalD[ TRUCK OR TRUCK TRACTOR M SLOWMGO STOPPING D w/rw Aluw1S1 C wgNlNa [ Mn ouEc+ 1 PAVING *THEN VG.IUR D 'Now'.O F OVEwYV wM{o H SCHOOL PUS J eMwwolNo LA.as Q Io0 a V.NICILA/I.DR.TwNN 1 Or... WS K PwwKl«o Yw.RUVaw P OTHER.: H o+NEw J ' L .1E.IN0 Tw AIIIc G WIND _ I.PIRIAT CO..Y...10. M .1.......P.TVNO LIGHTING MOTOR VEHICLE INVOLVED WITH K aeUIPr ENY S N CROSSED IM10 OFFO/IMO LANA A OAYLIa NT A MOM-L OLLI.ION L EICYCL. O P....0 B DUI.-DAR. B I....T.u. M DTH..V.MICLa F YR ROINO C LIOMTS C OTH.w YOr....M ICL. N Ia D.OT.IAN O TNAV.LINO Rw O.a WAT D Dww K-wO STREET LIGHTS D MOTOR VEHICLE ON Or... .OA.Wl O ..'a. R OTF AwII OTRROT LIGHT.NOT E PARKED MOTOR VGMICLC 1 t OTHER ASSOCIATED FACTOR E DAwM^F UNCTION,.O TwA1N 'YARN 1 TO 1 ITEMS) ROADWAY SURFACE O OICYCLO A VC SECTION VIOLATION: _ A DRY H ANIMAL: 1 1 SOBRIETY-ORVO-PHYSICAL B WET I PIKE.O.I.CT: B VC SECTION VIOLATION: NARK 1 TO S ITaMSI C RMOwY-ICY A MAD Or 0...GAIN.... D SLIIFAwY YVOOY GILT.STC. . J ETM....I.Cr: E VISION OO.CV wO YE MTS: 0 MED-Uw DNR THE IMFLV.MCO ROADWAY CONDITIONS C MED-NOT UNDER I.PLGANC.a 'MARK I TO Z IYMMII F INATTENTION D NEO-IMPAISYONT U....... A MOLES,DNS'RUTH PEDESTRIAN R ACTION O STOP 0 00 TR AIIIC ■ UNDA.DRUG INILVGMC.- B LOOKS MATERIAL O.ROADWAY < A NO PORE ST.IAN INVOLVED N AMTS WINO/LA AV IRO RAMR I IM'AIRYG.Y-'NYaICAIP C ORRT.VCTION ON.D.OWAI- Cw O.SINO IN CROSSWALK 1 'I.Y.OUS COLLISION D IMIAI.MawT NOT KNOWN B INTERSECTION D cow arw Ucnow/wwwlR sows AT J UNFAMILIAR WITH EowD M NOT w"uuuG [ RIOUIRD ROADWAY INIDT. C.. :No 1.C.OSarwLE-Nor K DEPACTW[VEHICLE SaUVra.r: 1 ILOGq/FATIOUGO C PLODDED AT IM TENSA'=TION F G OTMaRI: O CROISINO-NOT IN CROOSw ALK L UNIPYOLVEO VEHICLE I 1 SPECIAL INFORMATION E 1.wove-IW.LVG..SHOULDER M OTHaw^- A .Zww00.0 MAIRw1ALS• H NO UNUSUAL CONDITION F NOT IN ROAD N NONE APPS RR NI B 11.6 1N.OLUNO• _ O APIwOAcwlwo/LEAVIN..C.00 L E O wUNAWAl V..ICL. C TIAA DvacT/P wlw wa CHP 555.03 (Rev 12.841 OPI (149 •:•• :.. ,urcc:a, uwrwaw r� w.+ruw PAO% ro. � ow♦ �; .: ♦w. �(O IG'�7Q ` • 07�� I J�J l.:�Op ��J 7 /� ... _�.: •. • - �ri��r;,.d�y.• T� �s„�f� Queer �/�a � 1;_• vy- ``ov=�y�y 3:N ��1.�•1 �7TE/»�sii,� r� c�wir.�OCT .4 tl�d�Gc-T.ie/' rw 4- j �—LLQ.Q�,eielG__Qi= < <4 ✓C1'T`-'8C!6�Jit'/” _,ls1�.L.E�/.tt�s J/.��.F_L!- So �12Y.? � .8«...9.y. a�iOG.E�I•tJ<n 6. 7. e�t�.c�.�E� w�,✓ r�6 .ce'.�y— �E:v� of ;•��.y�` . � .. .. . - 6. s �/y�[tG : T s �a��.t.,oy �.J.O1 c'.O �rfa �y J/. /�'� • 10. !/A/.?.aXG .eTsrt�/.vim,, �.. - . . . . . 12• /1/01�� ��.�i L� S =QCT/Oit%'�f lr2G 13. /.✓ r•NG .l/.✓� �� �i1 �A9/'�.t D Y/1��.tiT /.t�G'`.'fda�CCT 14. _ �iPir�-� _�_�sGy.S .07�f,�'��TidG� �Lt ro�✓TioGT-6�l.OS .. ,9d�'.- .:- ' 16. /g!! A �/ �.c.vc�•s� y.✓�ck �v,?lzc�r B� '/ 16. .47 G k"Z-Y (1.P'�1,/.O III -- 1s. 20 2, ` 22. 23. 24. T6. 26. 27. 28. .ws�wwaw'[wwr[ ,.o.wur[u re• owr rw. •[rlLw[wl M1Mi Y , *A` �'1� ea = `• , .. rt•,ltd nolo I AIN!ING CONTRA COSTA BODY SHOP BODY REPAIRING If" 'II Avt PHONE 233-82130 94804 "Parlicular Work for Particular People" • __ ___. -�___—_.-._._._ _ _.__ _.. .._._._-,.__.___-�-IIf FNc,f-�-- -- -_ MI,.F 4fl.�_—�—_.— _.- i -wM ' „n\ PAurS GVM i LEI HNS PAnTi GYM RIf.HI Hq% PAP!% -- j Bumper Ua ' , Ij (Fender Front I - - --� Fender Fronl - -- - -- -- _T_ ! Inumper JFender ohld. _ , F_ender_Shld. I � f Bumper Grd. _ .� _� . I:. iFender Mtdg. 'I Fender Mldg....-- - -- ---- -- --- 1__ - 'Bumper Brkt. i� ;Headlamp _ Headfamp --.. .-------- Frt. System 'Headlamp Dr. i -- Headlamp Dr.- - l i Frame ! j•; (Sealed Beam ' j Sealed Beam '- ,Cross Mbrs. i 'Cowl_ Cowl 'Sfabdvers _ .. Door Fr-ti. I Wintlshield_ _ I _ -- p , --- - -_-_. J} I Wheel - -I .til.Garnish Mldg.j -I---'- - Door F,I T i Hub Cap :Door Hinge - , - -'-"; .. - __--------�-----'- _1 Dr.Garnish Mldg. Hub 8 Drum (Door Glass ' 'Door Hinges -- $ ---r'--- ----- ---Ifs Knuckle _ 1 Vent Glass Door Glass Lr. Knuckle Sup. DoorMldg. Vent Glass �1Lr. Control Arm I (Door Handle i Door Mldg. j j IUp. Contr. Stift. ` Centel Post _ Door Handle _ I -- - � Ishock I I I Door Rear -� - Center Post - - - ._]Door-- --.� - L--- - Torsion Bar Door Glass j Door Rear - - - -I - r rin {'- -- I jS P 9 j h ;Door Mldg. _--- - i-_ Door Glass ! _1 _..-- -- ^T _1ie Rod 'Rocker Panel Doo �_-1-- - - - t.. - - - -- .. .- - - r Mldg. (Steering Gear - y- Rocker Mldg.4. -� _ !_--�_ Rocker Pane! Steering WhI - Doq LeqIj Aocker Mldg. 1 Rung 1 --- -- Horn ng- I r-- g Leg Ouar. Panel T - _ , Oo I jGravel Shld. I Ouar. Mldq. _ 1 Guar. Panel l Part. Light r Ouar. Glass Ouar. Mldg. Rad. Shell I -� i Ouar. Glass ' !Bad. Grille Ctr. I , Oua,.inner Const. I�Rad. Grille Side j ' II ! I Ouar. • Ext. ' Grill Mldg. �- , , r REAR 't }'- -r --- It. ----�---- - - I Bumper Upper 'Air Cond. Core j I' I Bumper MISC. !Deh drator I 1 _ I'. -Bum er Guard j Anti-Freeze Recharge AIC Bumper Britt. I I Antenna Horn ;; 'Gravel Shld. (Inst. Panel ; I ' :Raffle Up. +Lr. Panel I Fri. Seat Adj. ! 'Lock plate I.r 1 r Ffoor - , I Trim ! �1 Lock Plate P I i Trunk Lid - - '' Headlining , - -- '-----t---- -- t -'' Hood - -- -! _Trunk Light I Top Hood Hinges " Trunk j _ Tire 'Hood Mldg. _ ' I Tail Light I Tube I I Tail Pipe pe Batter_ j Y Rad. Sup.-- - ' 1, Gas Tank Paint -` - i 'Rad. Core ' --__-- Frame-_-L - ' Under Coat t--�----.__--- ---- Rad. Hoses Wheel Fan Blade j� Hub Cap _ �--^--- —�—J ---•— L_- Fan Belt Hub & Drum TOTAL LABOR HOURS I Water Pump II Axle TOTAL LABOR (e IHR. ' ---- 1-- Motor Mounts Spring _ r f- ------- ------�--- --t.- TOTAL PARTS r - r'! Trans. Linkage Rear Window , TAX ESTIMATE OF REPAIR IIPAID OUT - Tow 8 Storage,7_.;' J The above l`.an!Fow,ale based on our msoection and does not Wve,additional parts or labor which may be re. quired alik,the wort naS been PPened up occasionally alter work has slaried worn parts are disr-oveied wh,OF TOTAL .l are not nndent on hist mspectlon Because of th,s the above prices are not guaranteed. ESTIMATE SAN PABLO. rA 94806 Foreign A American (415) 234-9124 MAf,L DATE AAOTOP I> 1. .r ISE M'S PAR" sy" ald"t Ms PARTS 4 ........ UP I I II, Fender Front Btj,lper on ll iio:! I Fender ShId. durnne, j;ir, 7 Iliflial'.3 Fender A41dg. E ump-, 8'al. I Headlamp !Frt. Headiarrip Di headlamp Dr. 4 aln I Sealec ileg"l, Sealed (loam Cros: 'Xnr Cow! Cowl Windshield Z)r C.a- s-t i-m Door Fri St Clw,r_F rt Whet, 10C Hinges Dr.Garntsh Midg. j Hub k Drun, p-for Gjaos I Door Hinges KnurAle "llisn 1 Door Glass ,Lt. Knuckle u Vent Glass S Coin Flllrlq� Lt. Cont,of Arm Da.Jr P.;vIltr I f 1O0C;r MIdg. !Up. Contr. SlAt Iter Post Door Handle ;-,heck i, Door' liea--,+- Center Post Tofsi,jr, 63' 11 1)(301 G III s' Doof Real 41- ISp.ing ,Noor Midg. Door Glass ________ 1 I —_ o f1rickc-1 11an"t T � (Door Mid rz t,ti.-;nn Gear Rocker IMIdg Rocker Panel 'Rocker Midg. ng iflint+ Doo t.,ill Dog Leg 'Gravel _-11C. .0,j]: MIdg j Ouar. Panel Pa" !.igCIwlt, Mass Ouar. Mldg. !Rad. S!ieil I Ouar. Glass i Rod Grille Cv. II ! Quar Inn*,Cclitill. • Rad Side Ouar. -Ext. vfi M.G. PEAR r misc. AnLi+reeZt Antenna In! IL. At. late Trim Lr- Houd !I Tor. Tire_- 1*';[ Li()hl Tube lornarnt-nt i 8;! P:.,)e Battery Fill,!- J;'. :;,n Tan Paint ,fir Under Cost FRand H o ari� S y. f;Jt:I Cap I OR HOURS, Fan L'011 �:4-jb f. 'Drum TOTAL LAB r TOTAL LABOR (a:.j INA.1-3 e Metar_Mouats TOTAL PARTS TAX C, C_. Trans. Lin�eqa Rear wine2w PAID OUT-Tow &—storage ESTIMATE OF REPAIR 'Tee above)s an esi,,ale basea on our inspection ano ccwj nn.Lz,er,F Parts Of labor Mr,ch may be re TC qu.neo after'he work "as been Oberlin up Occat,ona,i, after-,-,,k "as va,iiiia worn Palls are diflCoveled*hlCh are not evide,it --n firs! Insneciton Eleca,jse of its the above;)ijcn>are no:guarantee,, ES'IMATF 2439 STEWART"$ . BODY SHOP INC. Make Ins. By 12540 San Pablo Avenue between Clinton & Solana -- Richmond,CA 94805--- , Reg.7491 Phone:235.3515009& Claim k, D/L • - Serial N �! � Mileage -� Date y I Lic. No. !, Phone: Res. �2 3 Z= sPhone: Bus. Year and Make /'j Body Style tabor Sublet . Parts' . Replace Repair I � i i I t I LABOR°U MRS. The above named insured is to pay: _ % TOTAL b insurance dedudilaJe PARTS PAINT $ depreciation The above is an estimate based on our SUBLET (G 7 inspection and does not cover any additional SALES TAX 1 AUTHORIZE STEWART'S BODY SHOP parts or lobar which may be required after the T.O'REPAIR ABOVE SAID VEHICLE AS work has been opened up. Occasionally after Advance Chas. ;tifyMIZEO PER THIS ESTIMATEwork has started, worn or damaged ports are . _ . discovered, which are not evident on the first - ```'':'' ''•' _.inspection.Because of this the above prices are TOTAL _ .not guaranteed, and are for immediate accep- LESS J$nce only. X DATE NET TOTAL - so.Mc�r• mcv• w,.�.d CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA /.laim Against the County, or District governed by) BOARD ACTION -the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October21, 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of ' California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unspecified Section 913 and 915.4. Please not allcdif) epsbounscl 1 CLAIMANT: VIRGIiQIA GILBERT ET ALStP 2 ' 1930 ATTORNEY: Martinez, CA Date received ADDRESS: 108 Morello Heights Drive BY DELIVERY TO CLERK ON September 23 . 1986 Martinez , CA 94553 BY MAIL POSTMARKED: September 19 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. q� DATED: September 23, 1986 gyIL Bep�tyLOR, Clerk J 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: %��o BY:��—� �" DQDuty 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 unaimous vote of the Supervisors present (x) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. �,,,((//// Dated: OCT 2 1 1986 PHIL BATCHELOR, Clerk, By o�j al Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: OCT 2 2 1986 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator CLAIM 0: 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. I£ 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 ) Reser ng stamps RECEIVED Against the COUNTY OF CONTRA COSTA) or DISTRICT) cJ00;SAT¢¢MELOR 1 ST PE ISORSFill in name) ) By ... , The undersigned claimant hereby makes claim against t e o ty of C�tra Costa or the above-named District in the sum of $ (�pp„ �,nQ and in support of this claim represents as follows: ----------------------------------------------- d - 1. When did the amage or injury occur? , (Give exact date and hour) O?�b S ' &P 2. Where did the damage or injury occur? (Include city and county) _ ----- &; -------- a ---------- --------- -T---------.�-•T�.---- -------- 3. How zd the damage inju o�,c_urn? ) �Give full tails, u extra s eets if required) &-" Un - - ��� &r� 't O� U ^ 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? O"c C"E�� Too l 'kp�Rq,�p 52... (over) 5. What are the names of county or district officers,- srYants-O�: I employees ncausing the damage or injury? P--a_aA l� 6--. Wh------ atd-aama----ge---or----in-j-uries-----do----you--------claim---------resulted?---- -(Give----full-------extent------- of injurie Q am ges claimed. Attach two estimates for auto damage) _ b_5 D-Z) . 610 cD . uv ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective ,V1'li/n�jury or am ge, ) � n ------------------------------------------------------------------------- 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 ************************************************************************** Govt. Code Sec. 910. 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) by some er on his behalf. " Name and Address of Attorney S nat re dress ,3 Telephone No. Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION 'i the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 21, 1986 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors _ (Paragraph IV below), given pursuant to Government Code Amount Unspecified Section 913 and 915.4. Please not ale-3WAAAfiquns ;) CLAIMANT: SHARRON (ULLOA) ALVAREZ Si.P 21 1930 c/o David S. Rosenberg, Esq. ATTORNEY: 5836 Ocean View Drive Martinez, CA Oakland, CA 94618 Date received ADDRESS: BY DELIVERY TO CLERK ON September 22 , 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. DATED: September 23, 1986 PP I:L BATCHELOR, Clerk epuo4sxly_, C� � 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: '�a5jMo BY'�� r 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 unaimous vote of the Supervisors present A) 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 2 11986 PHIL BATCHELOR, Clerk, By 6' / '�� Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: OCT 2 21986 BY: PHIL BATCHELOR by_Z eputy Clerk CC: County Counsel County Administrator 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 21 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given purs ,ant to Government Code Amount: $150, 000. 00 Section 913 and 915.4. Please not aXT06rARiry-,i0C1#i1Gr_1 CLAIMANT: RICHARD PROCUNIER AND JANET PROCUNIER SEP N 11936 c/o Bowie & Bruegmann ATTORNEY: 703 Market St . , 20th Floor Via riinez, CA 945 San Francisco, CA 94103 Date received ADDRESS: BY DELIVERY TO CLERK ON September 22 , 1986 BY MAIL POSTMARKED: September 19 , 1986 Certified P 457 667 389 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim, j IL gATCHELOR, Clerk DATED: September 23 , 1986 fid: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: / /A:P 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 unaimous vote of the Supervisors present (J�) 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 2 11986 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately, AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. � Dated: OCT 2 2 1986 BY: PHIL BATCHELOR by (/ Deputy Clerk CC: County Counsel County Administrator w I ]��David J. Bowie �! CDrT, 2 Bowie & Bruegmann 703 Market St. , 20th Floor 3 San Francisco, California 94103 415-777-0700 CLERK PH A C 4 BY ... N SULo V t.., A RS 5 Attorneys for Claimants, Richard Procunier and Janet Procunier 6 7 COUNTY OF CONTRA COSTA 8 STATE OF CALIFORNIA 9 CLAIM AGAINST PUBLIC ENTITY 10 [Government Code Sections 905, 905.21 910, 910.23 11 12 TO: THE COUNTY OF CONTRA COSTA (BY AND THROUGH ITS BOARD OF SUPERVISORS) : 13 14 Richard Procunier and Janet Procunier (Claimants) hereby make 15 claim against the County of Contra Costa, a political sub- 16 division of the State of California, for the sum of $150,000.00 17 and makes the following statements in support of the claim: 18 1. The claimants are Richard and Janet Procunier and may be 19 reached in care of the law offices of Bowie & Bruegmann, 703 20 Market St. , 20th Floor, San Francisco, California 94103 (415- 21 777-0700) . 22 2. Notices concerning this claim should be sent to Richard 23 and Janet Procunier, claimants, care of Bowie & Bruegmann, 703 24 Market St. , 20th Floor, San Francisco, California 94103. 25 3 . The date of the occurrence which is the subject of this 26 claim is June 20, 1986. The places of occurrence include the 8WIE 8 BRUEGUNN u7ORNEYS9 UW Sul FRANCISCO.CNIEORNN 94103 Insnn-0700 I State of California .Medical Facility in Vacaville, Solana 2 County, California; the Contra Costa Jail Facilities in Mar- a tinez, Contra Costa County, California; and Atascadero State 4 Hospital, San Luis Obispo County, California. 5 4 . The circumstances giving rise to this claim are as 6 follows: 7 John Werner Procunier, the son of claimants, 8 was an inmate of the California Medical Facility, 9 Vacaville, Solana County, California. On June 10 20, 1986, said John W. Procunier was removed from 11 Vacaville to the Contra Costa County Jail Facili- 12 ties in Martinez for attendance at a competentcy 13 hearing before the Honorable Richard Arnason, 14 Judge of the Contra Costa Superior Court. 15 Following said competentcy hearing, John W. 16 Procunier was transported by Contra Costa County 17 Sheriff's van to Atascadero State Hospital in San 18 Luis Obispo County, California. Prior to the 19 competentcy hearing, medication was administered 20 to Procunier and prior to said hearing or subse- 21 quent thereto means and methods as yet unknown 22 were utilized to subdue Procunier in anticipation �3 of his transfer to Atascadero State Hospital. 24 Following the competentcy hearing, Procunier was 25 transferred to a Contra Costa County Sheriff's 26 van for transport to Atascadero State Hospital at BOWIE 6 BRL*C N N RIWNEY5/AT� SAN FR W0540.Gllf-0RNM 9105 {h51777.07W 1 a time when Procunier (to the best information 2 and belief of claimants) was sedated, medicated, 3 in shock, and unfit to travel. John W. Procunier, 4 the son of claimants, died enroute to Atascadero 5 State Hospital in San Luis Obispo County, Cali- 6 fornia. The death of Procunier was due to the 7 lack of prudent and ordinary care and/or improper 8 treatment to which he was subjected by represen- 9 tatives of Contra Costa County and/or State of 10 California personnel. 11 5. The names of the public employees causing the injuries 12 preceding death are presently unknown. 13 6. The claimants' claim as of this date is the sum of 14 $150, 000. 00. The basis of computation of the claim is the 15 calculation of the claimants' general damages. 16 RICHARD PROCUNIER and JANET PROCUNIER by 17 BOWIE & BRUEGMANN 18 19 Dated: Sept. 19, 1986 By: � 20 David J:'Bowie, Attorneys for Claimants Richard Procunier 21 and Janet Procunier 22 23 24 25 26 BOW56 BWECO N MIORNEYS/dU 5M!q,µ[5[0.CALWO N 9M05 M51 777-07M ` 1 PROOF OF SERVICE BY MAIL 2 I, Candice Jean King, declare: 3 I am over the age of 18 and am not a party to this action. 4 My business address is 703 Market St. , 20th Floor, San -Francis- 5 co, California 94103 . 6 On the date set forth below I mailed a copy of the document 7 to which this Proof of Service is attached by placing it in an 8 envelope, first class U.S. postage prepaid, addressed as 9 follows: 10 Clerk to Board of Supervisors 11 Contra Costa County 651 Pine Street 12 Martinez, CA 94553 13 State Board of Control 14 State of California Post Office Box 3035 15 Sacramento, California 95812-3035 16 Executed in San Francisco, California on September 19, 1986. 17 I declare under penalty of perjury that the foregoing is true 18 and correct. 19 20 21 22 23 24 25 26 S0w ASRUEGiA N ATTORNEYS AT UW SAN FRANCISCO,�N1PoRNN 9003 WS)777-07M AMENDED + CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 21 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $21 , 935 . 00 Section 913 raid 915.4. riease not all "WARNINGS". County CC7llnsal CLAIMANT: ANTHONY P. HUBER ET AL SF.P 1930 ATTORNEY: Date received N1a Inez, CA 9` 55k, ADDRESS: 101 Fiesta Circle BY DELIVERY TO CLERK ON September L2 , 1986 hand del Orinda, CA 94563 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. September 23 , 1986 PpHHIL BATCHELOR, Clerk DATED: BY: Deputy l L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors A Thds claim co es substantially with ections 910 and 910.? 62 (C CL fJ�rf llf� /LL d L ,Q�6i ll�h_e Cf1 QCl(/z �/4LGL !/�J dam' h'#% p/ ( ) This clai FAIL5 to compl subs ntiall with Sections 9 and 910.2, and we are noti ging j/ claimant. The Board cannot act for 15 days (Section 910.8). (� /, 2 ��iledThe4'C�Irk (X) L aim is not timely should return claim on ground hat it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). C ( ) Other: Dated: �[ �, // >6 eputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) 110S-.9mQ7 ozD (x) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unaimous vote of the Supervisors present _ ( ) This Claim is rejected in full. (X ) Other: Portion of amended claim not previously returned as untimely is rejected in full . I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. OCT 2 11986 Dated: PHIL BATCHELOR, Clerk, BDeputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek1the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. OCT 2 21986 Dated: BY: PHIL BATCHELOR by ff" Deputy Clerk CC: County Counsel County Administrator " t1 SUPPLEMENTAL CLAIM AGAINST THE County of Contra Costa and City of Orinda . Original claim submitted to county on September 8,1986. CLAIMANT' S NAME: Anthony P. Huber and Marjorie A. Huber CLAIMANT' S ADDRESS: 101 F W ga Circle, corner of Ivy Drive, Orinda, Ca . , AMOUNT OF -CLAIM: $ 21 .935 .00 ADDRESS TO WHICH NOTICES ARE TO BE SENT: As above DATE OF INCIDENT: June 12, 1986, when first apprised of defect . LOCATION OF INCIDENT: Address above . HOW DID IT OCCUR: County installed catch basin of heavy concrete directly on top of clay sewerline, causing it to break. This was discovered on June 12, 1986, upon excavation. DESCRIBE DAMAGE OR INJURY: Cost of repair of sewerline, loss of ..use and enjoyment of home, great emotional distress . See Exhibit "A" . NAME OF PUBLIC EMPLOYEE (S) CAUSING INJURY OR DAMAGE, IF KNOWN: Unknown ITEMIZATION OF CLAIM (List items totaling amount set forth above) Cost of repair $ 1 .935.00 ERitimenj gjshbggs, loss of use and • $ 20, 000.00 TOTAL $ 21 , 935 .00 Signed by or on behalf of Claimant Telephone : 376-686 Receipt is hereby acknowledged of the above claim on the day of R CEIVED • n r 1 1• l J l V PHIL BATCHELOR CLERK BOARD ARA OF SUPERVISORS STA CO By . Deputy Exhibit "A" General description of damage, loss and indebtedness, so far as is known at this time: (a) A taking and damaging of Claimant' s real and personal private property for a public use or purpose without ust compensate n b or on behhalf of the County of �Lontra Costa and Ciy of Orinda . • (b) Damages to Claimant' s property and consequential damages proximately resulting from the maintenance of a dangerous condition by or or behalf of the County of Contra Costa and City of Orinda . (c) Damages to Claimant' s property and consequential .damages proximately resulting from negligence commit*ed by or on be}•alf of the County of Contra Costa . (d) Damages to Claimant' s property and consequential damages proximately resulting from the maintenance of a nuisance by or on behalf of the County of Contra Costa and 'Cit'Q of 0rinda : APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT October 21 , 1986 Against cne County, }touting ) The uupy of this docuunent mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to ) the Board of Supervisors (Paragraph III, below), California Goverrment Code.) ) given pursuant to Goverment Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: CHARLES WILLIAM JONES, JR. , A MINOR ET AL County Counsel Attorney: c/o Joanne M. Brown SEP 3.0 1986 West, Molesky & Brown Address: 428 13th St, , Suite 1000 Martinez, CA 04553 Oakland, CA 94612 September 26 1986 Amount: $7, 000, 000. 00 By delivery to Clerk on Date Received: By mail, postmarked on September 24, 1986 I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED; Sept . 29, 19006 PHIL BATCHELOR, Clerk, By "� Deputy L. _a II. FROM: County Counsel T0; Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (x The Board should deny this Application to File Late Claim (Section 911.6). DATED: e-et ?j VICTOR WESTMAN, County Counsel. B c i�1c GL c III. BOARD ORDER By unanimous vote of Supervisors presen (Check one only) ( ) This Application is granted (Section 911.6). X) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: OCT 2 17986 PHIL BATCHELOR, Clerk, BY Deputy WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed With the court Within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If Vu want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof. has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: OCT 2 21986 PHIL BATCHELOR, Clerk, By. �- Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By. County Administrator, By APPLICATION TO FILE LATE CLAIM WEST. MOLESKY & BROWN ATTORNEYS AT LAW ARLENE WEST 428 13*" STREET, SUITE 1000 JAMES MOLESKY OAKLAND,CALIFORNIA 94612 JOANNE M. BROWN (413) 838-1860 REPLY TO: 177 POST STREET, SUITE 700 Oakland SAN FRANCISCO,CALIFORNIA 94108 (413) 421-1147 TELEX NO: OOWEST September 25, 1986 Clerk of the Board of Supervisors County of Contra Costa County Administration Building 651 Pine Street, 1st Floor Martinez, California 94553 Re: Application To File Late Claim Claim by Charles William Jones, a minor, et al. To Clerk of the Board of Supervisors: Enclosed is an Application to File Late Claim regarding the above-mentioned matter. ry truly yours, oanne M. Brown JMB:sa Enclosures RECEIVED 1 JOANNE M. BROWN ep West ,. Molesky & Brown 0_CM9c;y 2 428 13th Street , Suite 1000 tira° Oakland, California 94612 CL W ad 3 Telephone: 415/836-1860 °y "" "' 4 Attorney of Claimant 5 6 RE: Claim by CHARLES WILLIAM JONES , JR. , APPLICATION 7 a minor , by his mother, TO FILE JESSIE LEE JONES , against LATE CLAIM 8 the Board of Supervisors of the County of Contra 9 Costa / 10 To the County of Contra Costa: 11 Application is hereby made for leave to present a late claim 12 under Section 911. 4 of the Government Code. The Claim attached 13 hereto as Exhibit A is founded on a cause of action for Medical 14 Malpractice , which accrued on November 13 , 1985 , and for which a 15 claim was not timely presented for the following reasons : 16 1 . The minor' s mother , JESSIE LEE JONES , did not discover 17 or receive notice of said action until November 13 , 1985 . See 18 Declaration of JESSIE LEE. JONES attached hereto as Exhibit B. 19 2 . CHARLES WILLIAM JONES , JR. , the claimant , was a minor 20 during all of the 100 days allowed for presentation of the claim. 21 See Exhibit C and Gov. Code 911 . 6(a) (2_) . 22 As this application and attached claim are presented within 23 one year after the accrual of the cause of action, it is respect- 24 fully requested that the application and claim be received and 25 acted upon in accordance with Sections 912 . 4 - 912 . 8 of the Gov- 26 ernment Code 27 28 Dated JOANNE M. BROWN Attorney for Claimant I JOANNE M. BROWN West , Molesky & Brown 2 428 13th Street , Suite 1000 Oakland, California 94612 3 Telephone: 415/836-1860 4 Attorney for Claimant 5 6 7 Re: Claim by CLAIM FOR CHARLES WILLIAM JONES , JR. , MEDICAL 8 a minor , by his mother , JESSIE LEE JONES, against MALPRACTICE 9 the Board of Supervisors of the County of Contra 10 Costa / 11 CHARLES WILLIAM JONES , JR. , a minor , by his mother, JESSIE . 12 LEE JONES, hereby makes claim against the County of Contra Costa 13 for Medical Malpractice in the sum of $7 , 000 ,000. 00. The follow- 14 ing statements are made in support of his claim. 15 1 . On or about October 8 , 1984 through January 13 , 1985 , 16 Contra Costa County Hospital in Martinez , California failed to 17 provide necessary medical treatment and care for Charles _William 18 Jones , Sr. who was diagnosed as needing immediate heart surgery. 19 Because Mr. Jones did not have medical insurance, the surgery 20 was not performed. He was , instead, discharged from the hospi- 21 tal. 22 2 . Said failure to provide necessary medical treatment and 23 care for Mr. Jones resulted in his death on January 13 , 1985 . 24 3. The County servants or employees causing the injury 25 were Supervisors : Nancy Fanden, Sunny McPeak, Tom Powers, Robert 26 Schroder and Tom Torlakson; Administrative Officer: Phil Batche- 27 lor; Director of Health Services: Mark Finucane; Staff Physician: 28 Dr. Roger Barrow. -1- EXHIBIT A (2 pages 1 4. Claimant , CHARLES WILLIAM JONES , JR. , has thereby sus- 2 tained injury in that he has been deprived of the love , care , com- 3 fort , society, protection, support and services of his father in 4 the amount as stated above. 5 6 Dated: 23 1986. 0 NNE M. BROWN 7 On Behalf of Claimant 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- 1 JOANNE M. BROWN West , Molesky & Brown 2 428 13th Street , Suite 1000 Oakland, California 94612 3 Telephone: 415/836-1860 4 Attorney for Claimant 5 6 7 8 Re : Claim by CHARLES WILLIAM JONES, JR. , 9 a minor, by his mother, JESSIE LEE JONES, against DECLARATION 10 the Board of Supervisors OF JESSIE of the County of Contra LEE JONES 11 Costa 12 / 13 I , JESSIE LEE JONES, declare: 14 1 . I am the mother of CHARLES WILLIAM JONES ,JR. His 15 father is Charles William Jones , Sr. who died at Contra Costa 16 County Hospital in Martinez , California on January 13 , 1985 . 17 2 . I met Charles William Jones , Sr. (Mack) when our 18 families were neighbors in Richmond, California. I was with Mack 19 when he was shot in. October of 1977 by a neighbor who held a grudg 20 against Mack' s family. The bullet did serious damage to the main 21 artery of his heart. 22 3. After he was released from the hospital, we lived 23 together so I could take care of him and he became well and strong 24 again. Although we separated not quite a year later and shortly 25 before CHARLES WILLIAM JONES , JR. (Little Mack) was born on. Octo- 26 ber 30, 1978, Mack visited me in the hospital when Little Mack 27 was born and came to see both of us frequently at my mother' s 28 home. -1- EXHIBIT B (3 pages 1 4. Mack wanted us to get back together. I refused to 2 do so because he had other girl friends , but we remained close 3 friends and Mack visited Little Mack often. The child resembled 4 him strongly and Mack was devoted to him. 5 5 . During the times he was living with Linda Kay 6 Jackson (Kay) , the person with whom he was living at the time of 7 his death and with whom he had two children, we rarely saw him 8 because Kay had a great deal of hostility towards me and my child. 9 After her children were born, she wouldn't speak to me and didn' t 10 want Mack to visit Little Mack. 11 6. During the times he was living away from Kay, and 12 particularly when he would get sick with his heart trouble , he 13 would send for me. I would take little Mack to see him and bring 14 him food. 15 7. During the last year of his life , he was living 16 with Kay. Consequently, we did not see him often. I did not even 17 know that he was sick. I learned of his death when I read the 18 obituary column in the West Contra Costa Times on 1/15/86 . I 19 went the same day to his brother' s home to find out what had hap- 20 pened. The only information I received was that he had gotten 21 sick and was taken to the hospital where he died. 22 8. When Little Mack and I attended his funeral , I 23 asked his relatives and friends for information, but was told 24 nothing further. Kay would not speak to me at all. 25 9. I. later contacted everyone I could think of to get 26 information but found out nothing more than I had already been 27 informed. I was shocked by Mack' s death and knew he would have 28 sent for me and Little Mack if he could have because he had always -2- I done so in the past when he was ill. 2 10 . I did not know, nor did I have any way of knowing, 3 that the hospital had refused Mack surgery that would have saved 4 his life. I had no reason to believe that the hospital was at 5 fault in any way until I saw the newspaper articles in the West 6 Contra Costa Times and the Oakland Tribune on or about November 7 13, 1986 which reported a lawsuit filed on November 12 , 1985 8 filed for Reginald and Twana Jones by their mother , Linda Kay 9 Jackson. Photocopies of the articles are attached hereto and 10 marked Exhibit D/I and D/2 . 11 11 . Because of her animosity towards me , Kay kept this 12 information from me. I did not know anything about the problem 13 until I read about Kay' s. lawsuit. As soon as I found out , I 14 started trying to find a lawyer. My mother recommended the 15 lawyer she had for her Social Security case. We contacted Mary 16 Burke within a few days after we saw the articles . 17 18 I declare under penalty of perjury that the foregoing 19 is true and correct and that this declaration was executed on 20 September, 1986 in Oakland, California. 21 22 23 24 25 26 � J SIE LE J • E 27 28 -3- 1 Q — _ CERTJ '£FICATEjOF LIVE BIRTH ���5 G�199 511"!IAT"CtailFicalt KUNST... TATO!' CALIFORNIA LOCAL 4190t3T3A m[ga DISTRICT AND cc'STIFICATc 411.1xat3^ Th, NAME OF CHILD—FIRST IB 10�:E 1 IC. LAST Charles I Will lam I Jones, Jr. __ THIS 1A, not sum,s.—,A TlIN. 38. o Np4Tvu.trNYNna i. mNTN+YitOxT $A. DATE OF 618TH—YtlSTN,Oar,Y[A1 $B. HOUR CHILD E• $E1 I IST,AND,STc. alit. - 3288 03.Na October 30,: 1978 104p 14aIe sIngfe,. i _, 0A. FLACE OF BIRTH—xANp or Not�uAl 81. STREET ADDRESS to Star,YuNall.09 LO"TIDNI Poo E Alta Bates Hospital __ _ I 001 Colby Plaza at Ashby pC ..� 61RTN 4C. 4T'09 TOWN t aD. couHTY Berkeley I Alameda y MOTHER 7A. IULTx NANI OF YOTq[a—n[ST I in. MIDDLE __ (7C.LAST 0• STATE 0, BIRTH S. AGE OF MOVIES I tee i Jones i fc�rnia 22 CHILD Jess i e + ;IOB. MIDDLE AMC. LAST 11. STATE 01 BIRTH 11. AGE OF FATHER FATTHF,ER IOA. NAYS OF FATHER—FINST ; 1 CHF Charles IS__ William '. i Jones Nlssissf i 19 PARENT'S I tlally,TaaT I SAYS HYttliD pi tt+T•Y 11A. ARENT ON OTHER i Y03YANT—ilapATUS{ I SSB.SRi7i0q/+37D cRnDItRC. 0419 StTiartt ASD SioatD _ERTIFICA• 40 INIDSNAt10N ASo INH Il Ia TAYI ADD �^n 8 i...to TS INS SIST Dr aT allolti44! � FI`` I Mother I 1 I-1-78 TION _ p- 1 N,nrt TNR 1 NS[N4W Fi... .... 4A. FNYSI AN 101 OT" ►Ip0 NO YT1RDt MIS BPTIII--DSpN[L DN TITLt AND TY/3/NAYS UB, wTt Ia3 S AND Mail INS ASKS &A So AUTO AT AANTN5 i 1 1 y i•[' TNS para, pAi3 AND NDS STATAiip. SIDNATU NR / 00 :ERTIFICA- /4c.ADDRESS Krj ihmmOOrt ogem3 .D.. 1140. TrSNDAST'a L:Caaat NUM TION $[GUEST iOMISSIOH FROM 33011 11 ' ter a, : I A 31324 ID, DAA TN—[Slip Dm or 0AA7p 16. LOCAL SEGt$TRAR—'SUN 1T. aATt ACC[rTIp IDI aaR1aTOTIDa NOV 9197 LaCAL tEGtSTRAR EXHIBIT C • .. ' S •-`�� O QUI Up.� f a.f� OO .rj7' .-,•�� q .10 tT'y I,.' ,y� T .�.+ +g y,C• {O SR? y.n. If175 .y P) •� q�1d r��1` W'rn $,Ri•• a! fN-,L7 .. r� fttg��� y��t rr��, F► .•r.ij �I� 'jO jam+, �I' g-4 ala• ays• ,r^60�•"� �•.y'�'.:, Ry C�E N.CD 47-A. _y ':� D� ., 'P• r.:,e. G 'd fh .. �' .. ti,�• cprt.±.r0 ^�o Yf ....0'.♦ ��. .s a Ll •0 R@7 ro E.CA °� � CCy 1d p) I 1401y Jr o YNtffD �a. CS CyO.�. A t i `S e I f lam✓ .R�: A �j (/J ••�� 4; A, 'g• ra�.1 1 R ip�j •Pj 1'f O �l•�V � yCD „�'P` ().•pp l> "�i L`�7 '2�•• -6� I 3' u �t !tp i `G �y"CC ..i-;.G ,(� _ti. fpD� t�"'Gw',•r.6`•� >tr ty (D JR ar 1.2 �:� �y�Dli�'1 �.4 C^y dT R".Cr C' Q ~ 'f �:° 14P.+' ':!'n•'. ° - � Ytj,,, V. Q�•• '� / p� IJ li � r � �.11 P'{pT} T;!* 1 l •.F� r h 2 ) l�'� .,r1 1••((V� CD, y •(f1 VV .+ y `•"!1 C/� id to N�•L RX� w•' �l tl K,. P t.y ♦w. +a 1�: T' .. ..' { .. ._ ....... t Y'3e 7ti. K� +R•+'. s z ,e �' F t :r 'wi' 4 i►., , k mb O! I..'n � � �"�, °;'�•Cf :moi:i i. ° n _ �, ,��'' �M > .�•1 O,[) R ''f7' �, .• • C, ,b' :Yp^"' .+1'•"'.1J.`•7i .` HI ft q tD•N ;�' - I l..;. .yy rev rA l VIC:`C. �P.IC�D YL].�paW' ' ��_ ij��j�l�J1j}'�-' .73.• .y -e �..,ye, RRq •� ',.:,�� ::. -1 „y v... n , Ste- -.� •1, tj>(p�D�y al �' 'W I W 'y�:;0. :.'7 a .d' + dJ• -t u' s .�y �1. ,,, ; :.�''�^:�.'-:t."��{ >:.- -�'. '.F 1Si�C� .-. . :i.�;+,'eLs 3 -C. �.s«.:: ,1�,-•�P�"a' ¢ �q C ''•,b' ��. pg 10 dp It. 1' 1 \bH• /pay .meq �a� t6 moi/ ^ '�f`•. Jq _. �: _. ?:.. i..C_:>--:.._�.'. �.•1 .>�. .. --6.i :. -__ :._.._ - ,_ - .. - 1-isy:._..... _.i...._:. -Q.,�f.ev`.f'S..._ A.....r.4:2: ic_.e�j. ;.�. . ­6 t "nR f ` EXHIBIT D/I �F: — — - . ''a -1, -� a tv - . 1(.13 g. r Pal rd- .6g - rA MJM fl, CL Cr to - I * .11. tj V, 7r 101 No FT 5 cr. Q CDD� CD 7 Co Q, rb ell. o 10 ca L4 -fb 0 rr P). .4t '4110ma 7.j j4. 7: R • tV so Z CD rD rD Cis 'j;j, 0 (Tt IV QO AA �A W KQ t9. to,CD (D Cr %0 CQ IL fJ 0 0 r.A 4 91 M t S-r. L4 tr Z. r) CD Q sD,t3 0 Ir V� _7 PW #1 1. AD , I n7 L! rz EXHIBIT D!2.-: