Loading...
HomeMy WebLinkAboutMINUTES - 12151987 - 1.22 Aou CLAIM y BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 15 , 1987 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: $5 , 000, 000. 00 Section 913 and 915.4. Please note all •Wrnin s" Euriity'Counsel CLAIMANT: DAVID M. LAMAR c/o R. Michael Harwood, Esq. NOV LG 1987 ATTORNEY: 100 Pine Street, Suite 2750 San Francisco, CA 94111 Date received Martinez, CA 9.1553 ADDRESS: BY DELIVERY TO CLERK ON November 12, 1987 BY MAIL POSTMARKED: November. 10, 1987 1. FRDM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. November 1,3 , 1987 PpHHIL BATCHELOR, Clerk DATED: BY: Deputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ._ ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: gated: L 9 BY: � eputy County Counsel III, FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present � ) This Claim is rejected in full, ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: DEC 15 1987 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) ubject to certain exceptions, you have only six (6) months from the date this notice was personally served or eposited in the mail to file a court action on this claim. See Government Code Section 945.6. Du may seek the advice of an attorney of your choice in connection with this matter. If you want to consult n 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 nited States, over age 18; and that today I deposited in the United States Postal Service in Martinez, ilifornia, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to ie claimant as shown above. ited:_ TEC 21, 198? BY: PHIL BATCHELOR by Deputy Clerk ,: County Counsel County Administrator CLAIM AGAINST THE COUNTY OF CONTRA COST ���'(1VBD TO: THE COUNTY OF CONTRA COSTA %OV 12%S7 1. Claimant' s Name: DAVID M. LA MAR a"t NT° AS mot Claimant 's post office address ; er 449 Nob 'Hill Drive Walnut Creek, California 94596 Telephone: (415) 947-6858 2 . Post office address to which notices are to be sent : R. MICHAEL HARWOOD, ESQ. 100 Pine Street, Suite 2750 San Francisco, California 94111 3 . Occurrence. Date: August 29, 1987 Place of Occurrence: Taylor Boulevard where it is intersected by Boyd Road, Pleasant Hill, California. CIRCUMSTANCES of occurrence or transaction giving rise to claim: Claimant is the father of Katrina Renee La Mar who, at said place, was operating an automobile southbound on Taylor Blvd. ,, when a vehicle operated by Steven Louis Ricardi in a northbound direction went across the center into the oncoming southbound traffic and collided with the vehicle operated by Katrina Renee La Mar. The cause of said collision was the dangerous condition of said highway or roadway involving an unreasonable risk of injury to the public which condition was known, or should have been known by the County of Contra Costa. 4. General description of indebtedness, obligation, injury, damage or loss incurred so far as is now known: Wrongful death of claimant' s daughter, Katrina Renee La Mar. 5 . Names or names of public employee or employees causing injury, damage or loss, if known. Unknown at this time. 6. Amount now claimed: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5, 000. 000. 00 Estimated amount of future loss, if known. . . . . . . . . . Unknown TOTAL. . . . . . . . . . . . . . . . $5, 000. 000. 00 7. State basis of above computations: Estimated special and general damages. Signed by on behalf of claimant : C�L, R. MICHAEL HARWOOD Attorney at Law / 2 72 CLAIM •* BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 15 , 1987 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: $800 , 56 Section 913 and 915.4. Please note all •ME'rotn84y.Counsel CLAIMANT: CRAIG D_AA10N ST. JOHN NOV IG 1987 1778 Margo Drive ATTORf;EY: Concord, CA 94519 Martinez, CA 94553 Date received November 10, 1987 ADDRESS: BY DELIVERY TO CLERK ON BY MAIL POSTMARKED: November 9 , 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. November 13, 1987 PPHHIL BATCHELOR, Clerk DATED: BY: Deputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �} BY: U/ Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (( This Claim is rejected in full. { ) Other: I certify that this: is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: ' 1 5 157 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to Consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING 1 declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 21 1987 BY: PHIL BATCHELOR by r eputy Clerk :C: County Counsel County Administrator CLAIM TO: BOARD OF SUPERVISORS OF CONTRA CC* RYapplicatiorito: Instructions to ClaimantCierk of the Board .O.Box 911 Martinez,Califomia94553 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. •1k**lAtf**x*��*a�*•*ttte*t**+r**�**1kt**�*t**�•*•tttr**x**•.teftAtrtttt•A#*** RE: Claim by )Resery ' g stamps C ; i ;1�p)n 5+. John R:.ZED l`7'7 � VYl�i2�i• � 2 , Cc:��rc�0� C'�, ) Against the COUNTY OF CONTRA COSTA) r or in�� t F� N til DISTRICT) CL(Fill in name T ) er ... The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 100 , 56 and in support of this claim represents as follows: —_---------T_T---------------------------------- -- �. When did the damage or injury occur? (Give exact date and hour] tee_ � � a II&S4 . rmage-or injury_occur7- :------- �� d� 331r Include city and county) � Cie, 2�o 3. How did the damage or in3ury occur? (Give �u retails, use extra - sheets if required) 4. What particular act or omission on the part of county or distr�et officers, servants or employees caused the injury or o. damage? og e-r� ��,� . (over) 15. -What are the names of county or district officers, servants or employees causing the damage or injury? "1� 6. What damage or ln3uries do you claim resulted? ZGive tull extent of injuries oi llama es claimed. - Attach two estimates for auto damage) q! , 7. How was the amount claimed above computed? (Include the estimated 4pount of anyp�pective injury or damage.) 8. Names and addresses of witnesses, doctors and hospitals. .4pengitu e4 you made on account of this accident or injury: ITEM AMOUNT tt-V�v 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 - ;at /Llr� ThomwS k . C'O1Ony C aimant Signature a►$ ! 5alkA- 2O Sc axe, 31 D 7 iC�-e_ CcnmC(51 OR Ca, 0114 SQ-D Address •• �n r.rr�sP , .a_ q��19 Telephone No. Telephone No. 1415 #R**#**t#R*t*#*##*t**t*R#*t##*#Rt**#4*t*****tRt*R#****#*t*!#*t#*f##******* !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. " Craig St . John 1778 Margo Drive Concord , Ca . 94519 .(415)680-8396 Nov . 9 , 1987 To whom it may concern ; ON Sept . 10, 1987 I began serving a 135 day sentence at the Work Furlough Detention facility in Richmond . On Sept . 24 , 1987 I lost my job and my work furlough privilages and was transferred on Sept . 25 , 1987 to the Martinez County Jail in Martinez . At that time I surrendered all my personal property as required by the facility , and was told I would be able to claim my possesions upon my release . On Sept . 27 , 1987 I was transferred to the detention facility in Clayton , Ca . , to serve the rest of my sentenc I was told that my property would be transferred also . ON Oct . 1 , 1987 I was injured at the Clayton facility and taken by one of the deput}es tuadhowe to the County Hospital in Martinez for medical treatment . I was treated and returned to the Martinez County Jail and was told I would stay there until the end of my sen- . tence . I assumed my personel property would be return- ed to Martinez facility . On Oct . 23 , 1987 , I was released from custody and inquired about my personal property and was told it must still be held at the Clayton facility , and if I called the following day I would be able to go out and pick it up personally . The fpolowing day I contacted the property department at the Clayton facility and was told to call back tuesday and speak to the deputy r in charge of the personal property . On tuesday I spoke with the deputy in charge and she told me she would lo- cate my posessions and call me at home . Later that day I phoned back to find out if my things had been found and was told they were still un- able to find them, and as soon as they did find them they would call . Two days I still hadn ' t heard from the deputy so I called back and. was told they were still looking and would call back . The following day I calked again and spoke with another deputy and was told that my property was no where to be found and I would have to file a claim with the County . This experience has been quite an inconvienence and costly too . My neckless and watch were gifts and meant a great deal to me personally . I can ' t believe there isn ' t a safer and more efficient way of storing valuebles . I would like to settle this claim as quickly as posible and replace my property . The itemized list of lost articles is attached , and priced at the amounts at which they were purchased . If I can assist in any way , please contact me at the earlist date and time. Phone (415) 680-8396 early mornings or after 6 : 00 pm . evenings . Sincerely , Craig Damon St .John Craig St . John . 1778 Margo Drive Concord. , Ca . 94519 (415) 680-8396 ITEMIZED LIST .OF LOST PROPERTY List contains actual prices paid for each item . 1-14 kt . gold Quintuple Herringbone 20" chain $425 . 99 ( $399 . 99 plus tax $26 . 00) 1- Seiko Mens Analog Quartz Watch , champagne dial- with diamond accent-Link bracelet $234 . 27 Engraving (CRAIG 4EVER PAULA ) $ 8 . 00 1 pair Levi 501 Button fly Jeans-Black $ 30. 00 1 jacket Red/Black Plaid Fleece cotton $ 43 . 00 1 pair PUMA tennis shoes , all leather , blue size 10; mens $ 35 . 00 ;V I pair mens white tube socks/t-shirt $ 3 . 00 1 TANUNG 10" , 2 speed oscilating fan $ 21 . 30 TOTAL AMOUNT $800 . 56 F I k CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Cl;�airti Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 15 , 1987 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: 00 , 000. 00 Section 913 and 915.4. Please note all "Warnings". C0unty Cou,IS3I CL AlMAN7: STEPHEN COX c/o Viruina V. Hart NOV 16 1981 ATTORNEY: Attorney at Law 207 37th Street Date received Marti�tez c 94553) ADDRESS: Richmond, CA 94805 BY DELIVERY TO CLERK ON November 1U, 178/ BY MAIL POSTMARKED. November 6, 1987 Certified P 577 865 779 11. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: November 13 , 1987 ppHHIL ATCHELOR, Clerk BY: eputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors Ix) 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- f 442 BY: l Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (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: DEC 15 1981 PHIL BATCHELOR, Clerk, By JiT , 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 decl6re 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 claimantas shown above. Dated: DE C 2 1. 1987 BY: PHIL BATCHELOR by r puty Clerk CC: County Counsel County Administrator 06 CETT Irl V D VIRGINIA V. HART 10V'fig 1987 Attorney for Claimant c E`o 207 - 37th Street sr C. oiso�s Richmond , CA 94805 (415) 233-7766 "" Saar, Attorney for Claimant CLAIM AGAINST CONTRA COSTA SHERIFF'S OFFICE 1. Name and address of claimant: Stephen Cox c/o Earline Cox 942 Mohr Lane Concord , CA 94518 2. Send all notices to : VIRGINIA V. HART, Attorney at Law 207 - 37th Street Richmond , CA 94805 3. Date of occurrence : On or about the first week of August , 1987 Place of occurrence : Contra Costa County Jail 4. Circumstances of occurrence: Due to the negligence of the Sheriff' s Dept . , claimant slipped and fell in the exercise yard of the jail. 5. General description of injury strained achilles tendon necessitating full leg cast . 6. Amount of claim and basis for computation : claimant has incurred medical epenses for treatment and is currently being treated . Therefore , the exact amount of his medical expenses are unknown at this time. Claimant expects to suffer general damages and special damages in the aggregate amount of THIRTY THOUSAND DOLLARS ($30,000) , and makes claim therefor . DATED : November 5 , 1987 VIR IA V. HART Att rney for Claimant CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 15 , 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unspecified Section 913 and 915.4. Please note all "cllanrirlov,"'""" ' CLAIMANT: MARCHMONT SCHtdARTZ, JR. NOV 1 G 1987 c/o Michael R. Welch, Esq. ATTORNEY: Kincaid, Gianunzio , Caudle & Hubert Nia in ., CA 94 �: 200 Webster St. #200 Date received ADDRESS: Oakland, CA 94607 BY DELIVERY TO CLERK ON November 10 , 1987 BY MAIL POSTMARKED: November 9 , 1987 Certified P 779 372 087 I. FROM: Clerk of the$pard of Supervisors TO: 'County Counsel Attached is a copy of the above-noted claim. November 13 , 1987 ppHn ATCHELOR, Clerk DATED: BY: Deputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: kila Zq- lKa BY: ,� t eputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present N) This Claim is rejected in full . ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. \ DEC 15 1987 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; anti that today I deposited in the United States Postal Service in Martinez. California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 21. 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator CLAIM AGAINST THE COUNTY OF CONTRA COST RECEIVED Lvov 10 1987 C1 P AR BE ER TO: THE COUNTY OF CONTRA COSTA By f MARCHMONT SCHWARTZ, JR. , hereby makes a claim against the County of Contra Costa for equitable indemnity and makes the following statements in support of his - claim: 1 . Claimant is represented by the law firm of Kincaid, Gianunzio, Caudle & Hubert, attention Michael R. Welch, Esq. , and notices concerning this claim should be sent to Michael R. Welch, Esq. , Kincaid, Gianunzio, Caudle & Hubert, 200 Webster Street, Suite 200 , Oakland, CAlifornia 94607 . Counsel ' s telephone number is (415) 465-5212 . 2. The date of the occurrence giving rise to this claim is February 15, 1986 . The date upon which the Summons and Complaint in Contra Costa County Civil Action No. 304282 , entitled Mark Stefan, et al. , vs . City of Orinda, et al. , was served on claimant is August 31 , 1987 . A true and correct copy of the Summons and Complaint is attached hereto as Exhibit "A" and by this reference incorporated herein. 3. Claimant alleges that the County of Contra Costa negligently maintained and designed pipeline so as to cause the damage alleged in plaintiffs ' Complaint. 4. MARK STEFAN, R.N. STEFAN and LISA STEFAN allege inverse condemnation, negligent maintenance, nuisance, trespass, and negligent failure to maintain an easement. Claimant MARCHMONT SCHWARTZ , JR. , seek equitable indemnity and contribution. DATED: November 9, 1987 KINCAID, GIANUNZIO, CAUDLE & HUBERT By MICHAEL R. WELCH COY" tOs1 ruoy44 ue Of ca n, ,- ACLSadO)_O i �.�.. .._ 'J�-..Jnr .�:..._ . ...�ll =STA, bIAML.'..... TIM.--R, NMNWi I C1A1., =7217, AZz- A. -7-7Z='' AN'. 7- Z=.DN .C �Tr�+ .'..rr�.:.... 1w�.. BERC I .J�.'77=—, N- .M r � T,r NT-- I hl.Ll. 1 -- `;, .tea-u��...... ^. Li•i��r.r rd X-- _. :.-'r.ouan 30 , ,,s,ve. YOU ARE BEING SUED BY PLAINTIFF: (A Ud. le esti demandando) + _ : a�'�=AN, R. N. ,.�'="?.Iv, and .25A o"'�r,T'AN You have 30 CALENDAR DAYS after this sum- Despues de que le entmguen esti citation judicial usted mons is served on you to file a typewritten re- tiene un plazo de 30 MAS CALENDARIOS para presentar sponse at this court. una respuesta escrfta a rriquina en esta torte A letter or phone call will not protect you: your Una Orta o una /lamada telei6nica no k oirmerd typewritten response must be in proper legal protection; su respuesta escrita a rrtdquina Bene que form it you want the court to hear your case. cumplir con las formalidades legiks apropiadas si usted If you do not fife your response on time,you may t7uiere que la torte escuche su clsa bee the case. ani your wages. money and pro- Si usted no presents su mtspuesta a dernpa puede perder party may be taken without further warning from el asa y ie pueden quitar su saiand su dinem y otras cows the court. de su propiedad sin aviso adicional por parte de la torte. There are other legal requirements. You may Existen otros m'quisitos legates. Puede que usted quiem want to call an attorney right away. H you do not Uamar a un abogado inmediatamente. Si no conte a un know an attorney, you may call an attorney refer- abogada puede hamar a un servicio de referencia de ra( service or a legal aid office (listed in the phone abogados o a una oncina de ayuda legal(tiaa el dimtorio book). teief6nico). QAU•VUMUR. Inr.e,.ow taw The name and address of the court is: (E1 nomdre y direcci6n de la torte es) SJP ZFZ0R COL-Z^ OF =- STATE OF CALiF'OIVM FOR TTS COUiv":'Y OF CONTRA COSTA Centra Costa County Courtzouse P.O. Box 911, Miar`,'nez, CA 94553 The name- address, and teieonone number of plaintiff's attorney, or plaintiff without an attorney, is: (El nomare, la direccion y ei nrintero de reiefono dei abogado dei demandante, o dei demandanre que no,riene abogado, est Edd,=: F.. Rod=an GOLDEN, S"Im."F N, z"'•-E.NMEG & TOBY 767.7 Oakpor=, Suite 460 Oakland, CA 94621 (41:5) 569-3030 IL �A►C Z �. ��..�' rfecia,` � r ;it�•,� ur✓nor 10eiepdol isuu NOTICE TO THE PERSON SERVED: You are served 1. as an individual defendant. 2. _! as the person sued under the `ic:itious name of /spec fyj: 3 _' on behalf of /specify(: under. CCP 416.10 (coroaranonl F77 CCP 416.60 (minor) j 7 CCP 416.20 (defunct coreorationl C CCP 416.70 (conservatee) i CCP 416.40 (assocation or partnership) CCP 416.90 (individual) other, 4. by personal delivery on (dares: Roe"boot"a•AWW 9B7 f5es r res for floor of Servic•1 Juno«Cause• at C•.torrn• p„uun•Ir. pro all)fn'.`' rvr tlPftT '' j0 d p Edward = 3ockman CCI,LEN, S^FAN, ELLENBERG d; TOBY u 1 ?roiessional Corporation 16(i Oakport , Suite 460 AU 1987 Oakland CA 946621 SO 3 J. R. OLSV, County Clerk Telephone: (415) 569-3030 cu�T .: couNrn' ' CY Attornevs for Plaintiffs MARK STEFAN, R.N. STEFAN 5 .and_LISA STEFAN 6I 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF CONTRA COSTA 10 MARK STEFAN, R. N. STEFAN, NO. 3���,'C 11 and LISA STEFAN, COmPLAINT FOR DAMAGES 12 Plaintiffs, 13 V. 14 CITY OF ORINDA, COUNTY OF CONTRA COSTA, MAURICE TYLER, 15 NINON TYLER, ROSS LEVIN, OLGA LEVIN, ALFRED A. MIKALOW, 16 MARCHMONT J. SCHWARTZ, JR,, ANNA E. SANCHEZ, SHELDON 17 ROOTENBER.G, GERALDINE ROOTENBER.G, DANIEL MILLER, 18 MARIAN MILLER, MICHAEL D. THOMAS, JUDITH H. PICKELSIMER, 19 JOHN BUCHER, SHIRLEY BUCHER, JAMIE R. DAVEGA, and DOES 1 through 50, incl.sive, j 20 1 21 Def endants. 22 Plaintiffs allege as follows: 23 GENERAL ALLEGATIONS 24 1. Defendant City of Orinda is a Municipal corporation, duly organized and 25 e:dsting under the laws of the State of California commencing on July 1, 1985 and 26 situated in the County of Contra Costa. -1- i i 3. Defendant County of Contra Costa is, and at all times mentioned herein was, a County duly organized and existing under the laws of the State of California. 2 I Defendant Maurice Tvler is, and at all times mentioned herein was, the 3 4 owner, and in possession of, that real property commonly known as 47 Mira Loma, Orinda, California. 5 4. Defendants Ross and Olga Levin are, and at all times mentioned herein 6 7 were, the owners, and in possession of, that real property commonly known as 51 Mira Loma, Orinda, California. 8 9 5. Defendant Alfred A. Mikalow is, and at all times mentioned herein was, 10 the owner, and in possession� of, that real property commonly known as 52 Mira Loma, � 11 Orinda, California. i 6. Defendant Marchmont J. Schwartz, Jr. is, and at all times mentioned herein 1 13 was, the owner, and in possession of, that real property commonly known as 54 Mira 14 Loma, Orinda, California. 15 7• Defendant Anna E. Sanchez is, and at all times mentioned herein was, the 16 owner, and in possession of, that real property commonly known as 55 Mira Loma, 17 Orinda, California. 18 8. Defendants• Sheldon and Geraldine Rootenberg are, and at all times 19 mentioned herein were, the owners, and in possession of, that real property commonly 20 known as 61 Mira Loma, Orinda, California. 21 9. Defendants Marian and Daniel Miller are, and at all times mentioned herein 22 were, the owners, and in possession of, that real property commonly known as 62 Mira 23 Loma, Orinda, California. 24 10. Defendants ;Michael D. Thomas and Judith H. Pickelsimer are, and all times 25 mentioned herein were, the owners, and in possession of, that real property commonly 26 known as 65 Mira Loma, Orinda, California. -2- i i L'. Defendants John and Shirie_: Bucher are, and at ail times mentioned herein were, the owner-., and in possession of, that real property commonly known as 47 Linda Vista, Orinda, California. 3 4 12. Defendant Jamie R. Davega is, and at all times mentioned herein was, the owner, and in possession of, that real prooerty commonly known, as 54 Linda Vista, 5 6 Orinda, California. 7 13. Plaintiffs Mark Stefan and R. N. Stefan are, and at all times mentioned 8 were,'the owners of the real property commonly known as 8 La Plaza, Orinda, California. 9 Plaintiff Lisa Stefan is the wife of plaintiff Mark Stefan. Plaintiffs Mark and Lisa 10 Stefan reside at the property located at 8 La Plaza, Orinda, California. 11 14. Plaintiffs are ignorant of the true names and capacities of defendants sued 12 herein as Does 1 through 50, inclusive, and therefore sue these defendants by such 13 fictitious names. Plaintiff will amend this complaint to allege their true names and 14 capacities when ascertained. Plaintiffs are informed and believe and therefore allege 15 that each of the fictitiously named defendants is responsible in some manner for the 16 occurrences herein alleged, and that plaintiffs' damages as herein alleged were proximately i 17 caused by such defendants. 18 15. Defendant City of Orinda owns and maintains the street commonly known 19 as Linda Vista which lies to the east and up a steep hillside from La Plaza. The City i 20 of Orinda owns and maintairs the street commonly known as Camino Sobrante which lies 22 to the west and downslope from La Plaza. 22 16. -On information and belief, the City of Orinda or its predecessor in interest 23 constructed a catch basin and drain which collects water -from the- hillside lying to the 24 east of Linda Vf3ta at a location approximately adjacent to 47 Linda Vista. From there, 25 the water flows through a pipe underneath Linda Vista and discharges into another catch 26 basin on the hillside to the west of Linda Vista and approximately adjacent to 54 Linda -3- Vista. From there, the water flows downsiope through a series of surface and subsurface pipes eventua�ly entering a pipe which generally travels underneath the surface of La Plaza until it reaches a point adjacent to 8 La Plaza at which point it travels under a 3 � I portion of plaintiffs' property eventuallv exiting and discharging its water onto Camino 5 Sobrante. 6 11. On -information and belief, ..Mira Loma is a privately owned street situated upslope and .east of La Plaza but downslope and west of Linda Vista. A catch basin 8 and drain located adjacent to 62 Mira Loma collects water draining from the properties 9 situated between and including 474 Mira Loma and 65 Mira Loma, diverts said water into 10 drainpipes which conduct the water downslope into the pipe lying under La Plaza. 11 18. On or about February 15, 1986, water from the La Plaza pipe burst through 12 the surface of the La Plaza roadway on the property of plaintiffs and began to undermine 13 the driveway of 8 La Plaza. Despite plaintiffs' efforts to contain the water and protect 14 their property, the hole in the roadway continued to expand, further threatening plaintiffs' 15 property, and continues to exist at this time. 16 19. On or about October 12, 1986, plaintiffs became aware of the use of the 17 La Plaza pipe as part of a public drainage system into which the defendants were 18 discharging water. On or about that same date, defendant City of Orinda was notified 19 of the damage being caused to plaintiffs' property but has failed and refused to undertake 20 mainte^ante and repair of the La Plaza pipe. Prior to said date, plaintiffs were given 21 no notice of nor did they know of -theexistence of the use of the La Plaza pipe by 22 the defendants. 23 20. Defendants use of the La Plaza pipe has been without the knowledge or 24 permission of plaintiffs' or their predecessors in interest and has been actual, open, 25 continuous, uninterrupted, adverse, under a claim of right, and notorious for greater than 26 five (5) years, thus constituting a prescriptive use of the La Plaza pipe. -4- i I 21. On or about j anuari 26, :987. pursuant to appropriate provisions of the 2 Government Code, plaintiffs served their claim for damages against the Cita of Orinda, said damages arising out of the above described facts. A copy of that Claim is attached d to this complaint as Exhibit "A" and made a part hereof. On or about March 24, 198", defendant City of Orinda rejected said claim. i 23. 6 On or about March 5, 1987, pursuant to appropriate_ provisions of the Government Code, plaintiffs presented to the County of Contra Costa, their claim for i 8 damages arising from the above described facts. A copy of that claim is attached as 9 Exhibit "S" to this complaint and made a part hereof. 10 24. On or about April 1, 1987, defendant Contra Costa County returned a portion 11 of said claim to plaintiffs and thereafter on or about April 21, 1987, rejected the 12 remainder of the claim. 13 FIRST CAUSE OF ACTION (Against Defendants City of Orinda and County of Contra Costa for inverse condemnation) 14 25. Plaintiffs reallege and incorporate by this reference all of the allegations is contained in paragraphs I through 24 of their complaint on file herein. 16 26. The La Plazapip i e is part of a public drainage system, having been used 17 for such purposes by a public entity for a reasonable period of time in excess of five 18 (5) years without the permission of plaintiff, its predecessors in interest, or others having 19 ownership or dominion over said property. Said drainage system was constructed and 20 maintained b defendants as a public improvement for a y p p public use and benefit. 21 27. As a direct and proximate cause of defendants maintenance and use of the 22 La Plazapip i e as part of its drainage system, plaintiffs have suffered damage to their 23 property as described above in an amount as yet not fully ascertained. Plaintiffs will 24 amend this complaint when said amount is determined. 25 28. As a further direct and proximate cause of defendants' actions, plaintiffs 26 have incurred and will incur damages to protect and repair their property in an amount . i i 1 not as vet f ullv ascertained but in excess of $13,377-13. Plaintiffs have received no 2 I compensation for the damage to their property. 3 119. Plaintiffs have incurred and will incur attorneys, aooraisal, and engineering 4 fees because of this proceeding, in amounts that have not yet been ascertained, and c which are recoverable in this action under the provisions of Section 1036 of the Code i 6 of Civil Procedure. 7 WHEREFORE, plaintiffs pray judgment as set forth below. 8 SECOND CAUSE OF ACTION (Against Defendants City of Orinda and County of Contra Costa for Inverse Condemnation) 9 10 30. Plaintiffs reallege and incorporate by this reference all of the allegations 11 contained in paragraphs 1 through 29 of their complaint on file herein. 12 31. Defendants' maintenance and use of the La Plaza pipe and the resulting 13 damage to plaintiffs' property has caused a substantial impairment of access to plaintiffs' 14 property in that a portion of plaintiffs' driveway is being undermined and a large hole 15 exists in the surface of the La Plaza roadway. 16 32. This substantial impairment of access constitutes a taking and damaging of j 17 plaintiffs' property for which defendants have not compensated plaintiff. 18 33. As a direct and proximate cause of defendants maintenance and use of the 19 La Plaza pipe as part of its drainage system, plaintiffs have suffered damage to their 20 property as described above including, but not limited to, diminution in value of said 21 property, in, an amount as yet not fully ascertained. Plaintiffs will amend this complaint 22 when said amount is determined. 23 34. As a further direct and proximate cause of—defendants actions, plaintiffs 24 have incurred and will incur damages to protect and repair their property in an amount 25 not as yet fully ascertained but in excess of $13,377.13. 26 35. Plaintiffs have incurred and will incur attorneys, appraisal, and engineering I f 1 fees because of this proceeding, in amounts that have not yet been ascertained, and 1 which are recoverable in this action under the provisions of Section 1036 of the Code of ;:ivil Procedure. 3 WHEREFORE, plaintiffs pray judgment as set forth below. 4 THIRD CAUSE OF ACTION 5 (Negligent Maintenance of a Dangerous Condition on Public Property Against,Defendants City of Orinda and County of Contra Costa) 6 7 36. Plaintiffs reallege and incorporate by this reference all of the allegations 8 contained in paragraphs 1 through 35 of their complaint on file herein. 9 37. From on or about February 15, 1986 to the present, defendants have 10 maintained a dangerous condition on their property by negligently and carelessly failing 11 to repair and maintain the breach in the La Plaza pipe. Further, defendants negligently 12 and carelessly failed to inspect, maintain and repair the La Plaza pipe for a substantial 13 period of time prior to its breach on or about February 15, 1986. Such negligence caused 14 a dangerous condition that created a substantial risk of the damage to plaintiffs' property 1s as set forth herein. 16 38. As a proximate result of the dangerous condition, plaintiffs have suffered 17 damages for the diminution in value of plaintiffs' property, for the repair of plaintiffs' 18 property, for the repair of the La Plaza pipe and roadway, and for annoyance, 19 inconvenience, discomfort, and mental suffering all in an amount as yet not fully 20 ascertained, but in excess of $13,377.13. 21 WHEREFORE, plaintiffs pray judgment as set forth below. I 22 FOURTH CAUSE OF AC71ON (Against all Defendants for Nuisance) 23 39. Plaintiffs reallege and incorporate by this reference all of the allegations 24 contained in paragraphs 1 through 38 of the complaint on file herein. 25 40. Defendants' use of the La Plaza pipe, as set forth above, created in 26 -1- 1 • I I 1 j defendants a prescriptive easement to continue to use the La ?'laza pipe for drainage i 2 of water from their properties. 41. The use by defendants of the La Plaza pipe constitutes a nuisance within a the meaning of Section 3479 of the Civil Code, in that it has fallen into disrepair 5 interfering with the comfortable use and enjoyment of plaintiffs' property, is obstructing 6 the free use of plaintiffs' property, and is obstructing the free passage or use of the j 7 roadway immediately adjacent to plaintiffs' property. 8 42. Plaintiffs gave notice to defendants, and each of them, of the damages 9 caused by said nuisance, and requested compensation, but defendants, and each of them, 10 have refused, and continue to refuse to so compensate plaintiffs. 11 43. As a proximate result of the nuisance created by the defendants, and each 12 of them, plaintiffs have been damaged and will be damaged for the cost of repair to 13 plaintiffs' property as well as the repair of the La Plaza pipe in order to prevent future 14 and continuing damage to plaintiffs' property and to the roadway surface of La Plaza, all 15 in an amount as yet not fully ascertained but in excess of $13,37713. 16 44. As a further proximate result of the nuisance, the value of the plaintiffs' 17 property has been diminished by an amount as yet not tully ascertained. 18 45. As a further proximate result of the nuisance created by defendants, and 19 each of there, plaintiffs have been subjected to annoyance, discomfort, inconvenience, 20 and mental suffering all in an amount not fully ascertained at this time. 21 WHEREFORE, plaintiffs pray judgment as set forth below. 22 FIFTH CAUSE OF ACTION (Against all defendants for trespass) 4 23 46. Plaintiffs reallege and incorporate by this reference all of the allegations 24 contained in paragraphs 1 through 45 of the complaint on file herein. 25 47. Defendants, and each of them, have increased the volume and/or velocity 26 of the water flowing through the La Plaza pipe by collecting and channeling said water, -8- which drains from :heir properties, throush the catch basins and pipes as described above. 1 . 48. As a proximate result of defendants acts, and each of them, of increasing 2i the burden on the La Plaza pipe, said pipe has deteriorated so that it is no longer structurally sound, resulting in the undermining of the La Plaza roadway and plaintiffs' . 4 S driveway. 49. As a proximate result of defendants acts, and each of them, plaintiffs have 6 7 and will be damaged for the cost of repair to plaintiffs' property as well as the repair 8 of the La Plaza pipe in order to prevent future and continuing damage to plaintiffs' 9 property and to the roadway surface of La Plaza, all in an amount as yet not fully 10 ascertained but in excess of the $13,377.13. 11 50. As a further proximate result of the trespass of defendants, and each of 12 them, the value of the plaintiffs' property has been diminished by an amount as yet not 13 fully ascertained. 14 51. As a further proximate result of the trespass of defendants, and each of is them, plaintiffs have suffered annoyance, discomfort, inconvenience, and mental suffering 16 all in an amount not fully ascertained at this time. 17 SIXTH CAUSE OF ACTION (Against all Defendants for Negligent failure to maintain easement) 18 52. Plaintiffs reallege and incorporate by this reference of all of the allegations 19 contained in paragraphs 1 through 51 of the complaint on file herein. 20 53. Defendants, and each of them, had a duty to maintain and repair the La 22- Plaza pipe and to prevent injury to plaintiffs' property. 22 54. Defendants, and each of them, negligently and carelessly failed to inspect, 23 maintain and repair said La Plaza pipe in that said pipe was allowed to deteriorate to 24 the point that it became structurally unsound and unable to prevent water from escaping 25 and undermining the La Plaza roadway and plaintiffs' driveway. 26 /// i I As a proximate result of the carelessness and negligence of defendants, and each of them, plaintiffs have suffered damage to their property. 3 I 56. As a proximate result of the carelessness and negligence of the defendants, a and each of them, plaintiffs have been damaged and 'mill be damaged for the cost of i 5 repair to plaintiffs' property as well as the repair of the La Plaza pipe in order to I 6 prevent future and continuing dama;•e to plaintiffs' property and to the roadway surface I of La Plaza, all in an amount as yet not fully ascertained but in excess of $13,377.13. 8 57. As a further proximate result of the carelessness and negligence of the 9 defendants, and each of them, the value of the plaintiffs' property has been diminished 10 by an amount as yet not fully ascertained. 11 58. As a further proximate result of the carelessness and negligence of the 12 defendants, and each of them, plaintiffs have suffered annoyance, discomfort, 13 inconvenience, and mental suffering all in an amount not fully ascertained at this time. 14 WHEREFORE, plaintiffs pray judgment against defendants, and each of them, as is follows: 16 1. For damages for the costs of repair to plaintiffs' property, the La Plaza 17 pipe, and the La Plaza roadway in an amount as yet not fully ascertained but in excess 18 of $13,377.1.3; 29 .2. For damages due to the diminution in value of plaintiffs' property in an 20 amount according to proof; j 21 3. For general damages for annoyance, discomfort, inconvenience, and mental I 22 'suffering according to proof; 23 4. For reasonable attorneys, appraisal, and engineering fees according to proof; 24 /// 25 26 I -10- Mki_ 5. For costs of suit incurred herein; and 2 S. For such other and further relief as this Court may deem just and proper. i g DATED: August 198". d GOLDEN, STEFAN, ELLENBERG & TOBY A Professional Corporation 5 6 7 By: EDWARD E. ROCKINIAN 8 Attorneys for Plaintiffs 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -ll- CLAIM r BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 15 , 1987 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: $62 . 00 Section 913 and 915.4. Please note all •",U"Y" counsal CLAIMANT: A10AMAE H. REUTER NOV 1 G 1987 197 Joaquin Circle ATTORNEY: Danville, CA 94526 Martinez. CA 94553 Date received ADDRISS: BY DELIVERY TO CLERK ON November 12 19.87 BY MAIL POSTMARKED: November 11 , 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a ropy of the above-noted claim. November 13 , 1987 ppHHIL ATCHELOR, Clerk DATED: BY: Deputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (,X4, 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: n Dated: BY: Deputy County Counsel 111. FROM: Clerk of the Board7-- - TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: DEC 15 1987 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. &7 Dated: DEC 2 11987 BY: PHIL BATCHELOR by c Deputy Clerk CC: County Counsel County Administrator . s 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 ) Reser or Clerk' s f• li g stamps ANNAMAE H REUTER ) g,�CE1VE1� ) ) NOV 12 1987 Against the COUNTY OF CONTRA COSTA) PM T R or DISTRICT) j i Fill in name ) sr •• ... ......... .. The undersigned claimant hereby makes claim against the County of Contra / Costa or the above-named District in the sum of $ 62,00 and in support of this claim represents as follows : ------------------------------------------------------------------------ d 1. When did the amage or injury occur? (Give exact date and hour) 2.45PM, 11/3/87 2. Whered ----r-id---the-------damage---or----in-j---ury---occur?-------------(Include------city---and--------county)----- POLLING PLACE, ZOO FRANCISCAN DRIVE, DANVILLE, CONTRA COSTA COUNTY ------------------------------------------------------------------------ 3. How did the damage or injury occur? (Give full details, use extra sheets if required) SPRINGLER HEAD ON EDGE OF DRIVEWAY PROTRUDED UP IN AIR, AND I TRIPPED OVER IT AND FELL ON MY FACE, CAUSING SEVERE BRUISES AND BREAKING ONE LENS IN MY GLASSES. ------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? NO FLAG OR PRECAUTION SIGN TO WARN AGAINST THIS PROTRUDING HAZARD . OTHERS HAVE FALLEN OVER THIS IN PAST ACCORDING TO ELECTION BOOTH OFFICERS (over) 5. What ire the names of county or district officers, servants or employees causing the damage or injury? NA ------------------------------------------------------ ------------------- Ei. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) SEVERE BUMP ON FOREHEAD, CHEEK, BLACK EYE AND CUT LIP -- BENT AND BROKEN GLASSES - - --- ------ ------- ----- --------- -------- --- --------- 7.---H-ow--was----the-amount-claimed-above-computed?-- (Include-the-estimated--- amount of any prospective injury or damage. ) GLASSES REPLACED - BILL ATTACHED K.-- ------- -- --------i--7 -------- --�------ - ---,: -i---------------Names and addresses of witnesses , doctors and hospitals. ELECTION BOOTH OFFICERS -- THEY PICKED ME UP AND TOOK ME INSIDE THE HOME AND APPLIED ICE TO FOREHEAD AND CHEEKBONE .-------------------------------------------------------- ---------- 9. List the expenditures you made on account of this accident or injury: r ATE ITEM AMOUNT S/��� GLASSES DIY DOCTOR VI fT AS COVERED BY INSURANCE AT KAISER, WALNUT CREEK = t , ' Govt. Code Sec. 910.2 provides "The claim signed by the claimant 9END NOTICES TO: (At o he ) or by some person on his behalf. " Name and Address of Attorney aZ4zud-p-,� xl Claimant' s Signature 197 JOAQUIN CIRCLE NAAddress DAdVILLE. CA 94526 Telephone No. Telephone No. 820-1.885 S 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. " CREST OPTICAL COMPANY 1527 Olympic Boulevard WALNUT CREEK, CALIFORNIA 94596 (415) 937-1600 n.e rere — i rax i j TOTAL Cj�,I .. ^ 1 t II rns ur,J ;brined goods MUST be acc.om Panied by this bill l9•+ `Ihank`Yoa CLAIM a BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 15 , 1987 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: �5 , 000, 000. 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: E101A LOU BRAY County Counsel c/o R. Michael Harwood, Esq. Nov I 1987 ATTORNEY: 100 Pine .,treet #2750 San Francisco, CA 9411 Date received fviartln�19455;,3 ADDRESS: BY DELIVERY TO CLERK ON November 12 , �9 BY MAIL POSTMARKED: November 10 , 1987 I. FROM: Clerk of the hoard of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. November 16 , 1987 PpHHIL ATCHELOR, Clerk DATED: BY: Deputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (/N< c)_ This claim complies substantially with Sections 910 and 910.2. I; ) 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: / 42 �L (�—=-- BY: Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (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: DEC 15 1987 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 2ti a to Claimant, addressed to the claimant as shown ab ve. Dated: DEC 21 1981 BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator ' CLAIM AGAINST THE COUNTY OF CONTRA IUCEIVED TO: THE COUNTY OF CONTRA COSTA +u0v z 1961 1. Claimant ' s Name: EMMA LOU BRAY CL D AT on V Claimant 's post office address : By . ... .° 1382 Alcalanes Avenue, #1 Lafayette, California 94549 Telephone: (415) 932-2533 2 . Post office address to which notices are to be sent : R. MICHAEL HARWOOD, ESQ. 100 Pine Street, Suite 2750 San Francisco, California 94111 3 . Occurrence Date: August 29, 1987 Place of Occurrence: Taylor Boulevard where it is intersected by Boyd Road, Pleasant Hill, California. CIRCUMSTANCES of occurrence or transaction giving rise to claim: Claimant was a passenger in an automobile being operated southbound on Taylor Boulevard. Her daughter, Katrina Renee La Mar was the operator. At said time and place an automobile operated by Steven Louis Ricardi in a north- bound direction went across the center of the roadway into the oncoming southbound traffic and collided with the claimant' s vehicle. The cause of said collision was the dangerous condition of said highway or roadway involving an unreasonable risk of injury to the public which condition was known, or should have been known, by the County of Contra Costa. 4. General description of indebtedness, obligation, injury, damage or loss incurred so far as is now known: Emma Lou Bray sustained serious, grave and permanent personal injuries. Her daughter, Katrina Renee La Mar was killed. 5 . Names or names of public employee or employees causing injury, damage or loss, if known. Unknown at this time. 6. Amount now claimed: . . . . . . . . . $5 ,000. 000. 00 Estimated amount of future loss, if known. . . . . . . . . . Unknown TOTAL. . . . . . . . . . . . . . . . $5, 000. 000. 00 7 . State basis of above computations: Estimated special and general damages. Signed by on behalf of claimant : R. MICHAEL HARWOOD Attorney at Law r �oL CLAIM 'BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 15 , 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of Califo•nia Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Geonl gel &8bnsel Amount: Unspecified Section 913 and 915.4. Please note all "Warnings". CLAIMANT: KATHLEEN MCNA14ARA NOV 19 1987 c/o Lizbeth Hasse Meirflne.z, CA 94553 ATTORNEY: 380 Hayes Street #1 San Francisco , CA 94102 Date received ADDRESS: BY DELIVERY TO CLERK ON November 16, 1987 BY MAIL POSTMARKED: November 10, 1987 Certified P 007 339 135 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: November 19 , 1987 gyIL ELOR, Clerk gATCHL� : 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: All-911. � 8Y: A ,4/Deputy County Counsel IIl. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. e Dated: DEC 15 1987 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six .(6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez. California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 211981 BY: PHIL BATCHELOR byW)�_Z/�Deputy Clerk CC: County Counsel County Administrator CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant Return original application tc Clerk of the Board 651 Pine St.. Room 106 Martinet. CA 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 dust be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) S. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 1061 County Administration building, 651 pine Street, I4artinez, 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—tris form. RE: Claim by }Reser ng stamps Kathleen McNamara ' RECEIVED } r ) } NOV 1 G 1981 Against the COUNTY OF CONTRA COSTA) 4t1 } or DISTRICT) (Fillin name ) LA-k'WhLJ4­ . 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. lateen �i� the damage or �nlury occur? Give exact date ani �iourf August 17 , 1987 approximately 11: 00 a.m. .r�...........r �:� iaFere Si�-tfie damage or n3ury occur? �IncSude city and county] Contra Costa County Health Prevention Department 3. How did the damage or in3ury occur? Give !`uIS getaiSs, use extra sheets if required) breach of written contract by county through Mr. Larry Cohen who unilaterally terminated contract without notice; breach of oral and implied contracts for full contract term of employment; inten- tional failure to deliver termination notice; fraudulaent misrepresen- tations regarding certainty of continued employment (see attached] Y„ N�iat part�cu�nr act or omission on the part o county or KUHR officers, servants or employees caused the injury or damage? unilateral termination of contract ;without notice by t4r. L. Cohen; assurances of continued employment (see attached) (over) 5. What are 'the names of county or district officers, servants or' employees causing the damage or injury? Mr. Larry Cohen; possibly Maris Ashe and Wendel Brunner 6 . What damage or injuries do you claim resu�ted7 ZG�ve full extent of injpries or damages claimed. Attach two estimates for auto damage) $18, 000 contract damages (continuing) plus emotional distress damages of approximately $10 , 000 ------------------------------------ 7.� How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) $8, 847 . 78 contract price; $8 , 000 capital gains tax if new home loan cannot be obtained; con- tinuing costs of job search for claimant' s attempt to find employment and mitigate=_ damages . o.. ilaIGBa 5s:G Cf- � a4^ Orr 3_^. . witnesses include Larry Cohen, Maris Ashe and other, employees at Health Prevention Program - .�.._ -...,,.e--------- --------------- S , -List the expenditurs"Ybu jade on account of this accident or n3ury: DAVE .;' ; ' ITEM AMOUNT s > 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 Attorneyeaz/G v Lizbeth Hasse Claimant' s Signature 380 Hayes Street . suite 1. 75 Franciscan VTay Address San FranciSco, California 94102 Kensington ' Cal ; fr„-,,;g qA7p7 Telephone No. (4.15) 848-4380 Telephone No. (415) 528-8273 ttRtt*t*tRtR****R#***ttt*#RR****Rtt*R***tR#t*RR***tRRRR#R*RttRt**R*tt***** 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. " I Contra Costa Cbuntv : Number 22-228-1 �St ...,dard Form 1/87 SHORT Fop-%I SERVICE CONTRAC".J j Fund/07g ii 5768—' 1•.• Contract Identification. Account 9 2 1 Other v" Department : Health Servicrs (Public Health Division) ----' Subject: Consultation and technical assistance to Prevention Program staff with regard to public information 2.. Parties. The County of Contra Costa, California (County) , for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: KATHLEEN MC NA.NLARA Capacity: Self-employed individual Taxpayer ID# 563-64-8623 Address : 75 Franciscan Way, Kensington, California 94707 3.• Term. The effective date of this Contract is July 1. 1987 and it terminates T,, p -;0 1088 unless sooner terminated as provided herein. 4.. Termination. This Contract may be terminated by the County, at its sole discretion, upon five-day advance written notice thereof to the Contractor, or cancelled immediately by written mutual consent . 5.. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $ 11.100 6.. County's Obligations. In consideration of Contractor's provision of services as described below, and subject to the payment limit expressed herein, County shall pay Contractor, upon submission of a properly documented demand for payment in the manner and form prescribed by County (Demand Fors D-15) and upon approval of such demand by the head of the County Department for which this Contract is made or his designee, as follows: [Check one alternative only] �Y) hour; or [X• ] a. FEE RATE: $_ 9.25 per service unit: ( ) session, as defined below; or ( ) calendar (insert day, week or month) NOT TO EXCEEDa total of 1200 service unit(s) . [ ] b. Payment in full after approval by the Department . [ ] c. As set forth in the attached Payment Provisions . 7.. Contractor's Obligations. Contractor shall provide the following described services: Consultation and technical assistance to Prevention Program staff regarding public information, including, but not limited to, writing articles for publication in news- papers and community newsletters; designing public information campaigns; developing media outreach; writing brochures and pamphlets; and other such tasks as required by the Prevention Program Coordinator. 8. Compliance with Lay. Contractor shall be subject to and comply with all Federal, Scate and local laws and regulations applicable with respect to its performance under this Contract , including but not limited to , licensing, employment and purchasing practices; and wages , hours and conditions of employment, including nondiscrimination. 9. Nondiscriminatory Ser--ices. Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless. of age, sex, race, rel-- gion, color, national origin, or ethnic background, or handicap, and that none shall be lised, in whole -or in part, for religious worship ;r. instruction. sHORT, FoRm Sc371cZ CONTRACT, Number 23-228-1 Independent Contrac6..r Status. This Contract is by and betveen ;tw independent ' cc-itractors and is not intended to and shall not be construed , to :cease"the relationship between the parties of agent, servant , employee, partnershi._'"`-joint venture, or association. 11. Disputes . Disagreements between the County and Contractor `toncerningthe meaning, requirements, or performance of this Contract shall be subject to :final�"'determination in writing by the head of the County Department for which this Contzaetsmade' or his designee or in accordance with the applicable procedures (if any) requi=ed•,by.the..Scat a-or Federal Government . 12. Access to Books and Records of Contractor, Subcontractor. -Riisuarit.hto .':Section 1861(v)(1) of the Social Security Act and any regulations prom- lgated_�•thereunder, Contractor shall, upon written request and until the expiration of four=,years0.:af ter the furnishing of services pursuant to this Contract , make available to'<the'.Secretary of Health and Human Services , the Comptroller General, the County, or aaq�of.;.their;duly authorized representatives , this Contract and books, documents, and record s�of`Contractor that are necessary to certify the nature and extent of all costs and charges'hereunder. Further , if Contractor carries out any of the duties of this Contract '.througn,,a sub- contract with a value or cost of $10,000 or more over a twelve-month period, such sub- contract shall contain a clause to the effect that upon written request and until the expiration of four years after the furnishing of services pursuant to such -'subcontract, the subcontractor shall make available, to the Secretary, the Comptroller General, - the County, or any of their duly authorized representatives , the subcontract and books° 'docu- ments, and records of the subcontractor that are necessary to verify the nature aid.. extent of all costs and charges hereunder . This special condition is in addition to any and all other terms regarding the maintenance or retention of records under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor. 13. Reporting Requirements. Pursuant to Government Code §7550, Contractor shall include in all documents or written reports completed and submitted to County in accordance, with this Contract, a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report. This section shall apply only if the payment limit under this Contract exceeds $5,000. 14. Indemnification. The Contractor shall defend, indemnify, save, and hold harmless the County and its officers and employees from any and all- claims, costs and liability for any damages , sickness, death, or injury to person(s) or property, including without limitation all consequential damages , from any cause whatsoever arising directly or indirectly from or connected with the operations or services of the Contractor or its agents, servents , employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the County or its officers or employees . Contractor will make good to and reimburse the County for any expenditures, including reasonable attorneys fees, the County may make by reason of such matters and, if requested by the County will defend any such suits at the sole cost and expense of the Contractor. 15. Legal Authority. This Contract is entered into tinder and subject to the following legal authorities : California Government Code Sections 26227 and 31000. 16. Signatures . These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA IFOILNU CONTRACTOR By By ! // �L ��C 'c I C/'✓t7�+,cl t Designee i'� /! Approved: Co _ator (Designate officiaj capacity) B I Y Designee Recommended b r nt ^ By Gorr approved by County Course!] Des:gree 2929 MARTIN LUTHER KING JR. WAY (OLD GROVE STREET) BERKELEY, CALIFORNIA 94703 TELEPHONE: (415) 848-4380380 ATTORNEY AT LAW November 2, 1987 Wendel Brunner, M.D. Assistant Health Services Director 1111Ward Street Room 307 Martinez, CA 94553 Dear Dr. Brunner: I have been consulted by Ms. Kathleen McNamara concerning the circumstances of the termination of her contract with Contra Costa County's Health Prevention Program. I have reviewed the contracts .and correspondence relating to Ms. McNamara' s work for the county and discussed with her the details of the contract negotiations and the assurances the county made to her. There is no question that Ms . McNamara' s termination was a breach of contract in direct violation of the explicit terms of her contract requiring either a five-day notice of termination or cancellation by mutual consent of the parties thereto. In addition, . the promises the county and her supervisors made to her to induce her to renew her contract, the circumstances of her employment and the unfair treatment and badfaith diplayed in the termination support claims of breach of implied contract, breach of the covenaf,t of good faith and fair dealing, fraud and infliction of emotional distress. Ms. McNamara 's contract#22-228-1 was effective on July 1, 1987 as a renewal of her initial contract with the county (#22-228) . Shortly before the renewal was executed, Ms. McNamara consulted her supervisor, Ms, Maris Ashe to make certain that the county was satisfied with her _ services, and that she could be reasonably certain that her job would continue at least through the completion date of the contract. The term of employment was particularly important to Ms. McNamara for several reason, including (1) This was a stepping stone position for her. Although the pay was low, the benefiLt to her was that she would have an extended term of steady employment with good references in the capacity of media consultant. (2) Ms. McNamara and her husband planned to buy a house as soon as her security of employment could be demonstrated with the contract renewal . In fact, the McNamaras were scheduled to make an offer on a house the very day she was terminated by Mr. Larry Cohen. The couple has been forced to forego expected home ownership until Ms. McNamara can again establish a history of employment. Ms. Maris assured Ms. McNamara that the department had full confidence in her work and that she could certainly expect her contract to continue t:he full term. Ms. McNamara was told that although the contract indicated the same $9. 25 per hour compensation, she would be considered for a raise in January, 1988. Ms. McNamara told Ms. Maris that her chief concern was that the job was intended to be permanent for at least the term of the contract. Ms. Maris told her not to worry. i Page 2 Kathleen McNamara On August 17., .19,87 , tha .day _Ms . McNamara returned from a week Vacation, she was told a abruptly by Mr. Larry Cohen that he was asking her to resign and that the department would give her good recommendations- only if .she resigned voluntarily. Mr. Cohen told her that if she didn't resign , he - would cancel her contract immediately. Ms. McNamara very much. felt the. . need for good recommendations as her arrival in the Ba.y Area was relatively recent and most of her references were not local. Nonetheless, Ms. McNamara did not want to be forced into resigning against her will, , especially when no reason was given for the abrupt turn-about by the department. Mr. Cohen told her to go home. Ms. McNamara cleaned out her dusk and said good-bye to several fellow employees . During the ensuing weeks, Ms. McNamara and her husband requested a termination notice from the department so that she could at least make ' a. claim for unemployment -insurance while she sought other employment. The department did not draw up such a letter until August 28, and that letter represented Ms . McNamara' s termination. date as September 4 when, . in. fact, Mr. Cohen had unilaterally terminated the contract on August 17. The county must compensate Ms. McNamara for breach of contract for its termination of the contract in violation of the contract terms requiring a five-day notice. No amount 'of after-the-fact reconstruction of notices and dates will change the facts of the termination. In fact, the reconstruction only gives the appearance of fraud, had fa.i.th. and misrepresentation -on the part of the county all subjecting it to other liabilities in addition to the contract claim.. In addition, .the. assurances Ms. McNamara received from the county in response to hes specific questions about contract duration entitle her to consequential damages for losses she. and her husband have suffered in reliance on these assurances, We recognize, as you probably do too, the time, ,anxiety and costs in litigating a claim like this one. Ther.e.fore, a.t this, time. -- prior to an administrative hearing or litigation, if that proves necessary-- Ms. McNamara is willing to accept straight contract damages for the contract breach in the amount of $8, 847.78 ($11,100-2252.22 already paid on the contract) plus attorneys ' fees to the date of settlement. This amount is acceptable, however, only if the county xe.spords promptly within this time frame. Otherwise, we will be forced to pursue this claim through the . Administrative hearing process and, if necessary, .litigation. Please review the foregoing and call me at your earliest convenience so we may discuss this matter. Very trbly yours, Lx"zbeth Hasse. LH/a.g CLAIM Ak BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA_ I Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 15, 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. 1 the action taken on your Claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $1, 000, 000. 00 Section 913 and 915.4. Please note all "�1Arn. ss" (. �nll?V Counsel CLAIManT: JILL FRANTZ c/o Hinton & Alfert NOV 19 1987 ATTORNEY: 2940 Camino Diablo #300 Walnut Creek, CA 94596 Date received Martinez, CA 94553 ADDRESS: BY DELIVERY TO CLERK ON November 13 , 1987 hand del . BY MAIL POSTMARKED: no envelope 1. FROM: Clerk of the Joard of Supervisors TO: County Counsel Attached is a 4opy of the above-noted claim. DATED: BY November 19, 1987 ppHHIL BDATCHELOR, Clerk (% ) ' : eputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This Claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �(J, �f/� / �' BY: Deputy County Counsel III, FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (�4), This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: DEC 15 1987 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your Choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING 1 declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 21 197 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator i ERECEIVED PETER J. HINTON HINTON & ALFERT A Professional Corporation 2940 Camino Diablo, Suite 3001981 Walnut Creek, CA 94596Telephone: (415) 932-6006 Eq . Attorneys for Claimant i CLAIM AGAINST COUNTY OF CONTRA COSTA TO: COUNTY OF CONTRA YOU ARE HEREBY NOTIFIED that JILL FRANTZ, residing at 2213 Alps Court, Martinez, California, 94553 , claims damages from COUNTY OF CONTRA COSTA in the amount of One Million ($1, 000, 000. 00) Dollars, plus economic loss as proved. This claim is based on severe injuries to her legs, knees and ankles and the surrounding muscles, tissues, bones and nerves, as a result of an accident which occurred on or about August 8, 1987. The facts giving rise to this claim are as follows: On or about August 8, 1987, claimant was the owner of and a passenger in a vehicle driven by Steven Anthony Owens on Willow Pass Road at or near the Kinney Bridge overcrossing in the City of Concord, County of Contra Costa, California. The vehicle in which claimant Jill Frantz was riding was traveling north on Willow Pass Road when it was struck head on by another vehicle which had crossed over from the southbound lane into the northbound lane colliding with the vehicle in which claimant was riding and proximately causing claimant 's injuries and damages. - 1 - w At the time of the accident, Willow Pass Road was a public roadway consisting of one lane of travel in opposing directions which was designed, controlled, owned, operated and maintained by the COUNTY OF CONTRA COSTA and subject to heavy amounts of traffic traveling at high rates of speed, with limited visibility of oncoming traffic resulting from the presence of a bridge which created a sight-distance hazard for vehicles approaching from opposite sides of the bridge under prevailing speed and 'traffic conditions. The approach to the bridge was inadequately marked to prevent passing or drifting into opposing traffic lanes, and it was reasonably foreseeable that as a result of these and other conditions, vehicles would cross into the opposing lane of travel and that head-on collisions between vehicles would occur at or about the place of said accident unless adequate protective measures were taken. The COUNTY OF CONTRA COSTA negligently designed, constructed, maintained, operated, controlled, inspected and supervised said roadway in such a dangerous and defective condition, without adequate striping, warning signs, speed restrictions, guard rails, divider strips, median dividers or other means to prevent or control vehicles from crossing to the wrong side of the roadway, and without any adequate warning of or means of preventing collisions between vehicles traveling in opposite directions, in violation of recognized standards. The COUNTY OF CONTRA COSTA created and maintained a dangerous and defective condition of said public roadway as 2 - aforesaid and created a substantial risk of injury to persons using the said roadway with due care. Said condition was created by the COUNTY OF CONTRA COSTA, its employees and others, and the COUNTY OF CONTRA COSTA had actual or constructive notice of the dangerous and defective condition of said roadway a sufficient time prior to the accident to have corrected the dangerous condition. As a direct and proximate result of the negligence of the COUNTY OF CONTRA COSTA and its employees, and the dangerous condition of said roadway, claimant Jill Frantz sustained severe injuries to both legs and ankles and the surrounding muscles, tissues, bones and nerves, and was and still is required to undergo additional x-ray examinations and medical treatments. The names of said employees, agents or servants causing the injuries are unknown to claimant at this time. The amount claimed as of the date of presentation of this claim is computed as follows: Medical bills according to proof; Loss of earnings according to proof; Loss of earning capacity according to proof; Incidental damages according to proof; General damages in the sum of $1, 000, 000. 00. All notices or further communications with regard to this Claim should be sent to the claimant in care of HINTON & ALFERT, 3 - r . 2940 Camino Diablo, Suite 300, Walnut Creek, CA 94596 - telephone (415) 932-6006. DATED: November 12 , 1987 HINTON . A T by - PE NTON 4 - CLAVA 60ARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA i Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 15 , 1987 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 Gtvnnmi� �CodU,lSCI Amount: X15 , 000- 00 Section 913 and 915.4. Please note all *Warnings". CLAIMANT: JUDITH C . O' HARE (DELISLE) WIV 1_ �) 1987 c/o Richard Lindstrom '•3.1rlinez, CA 9456? ATTORN--Y: Attorney at Law 490 Main Street Date received November 13 1987 ADDRESS: Placerville, CA 95667 BY DELIVERY TO CLERK ON ' BY MAIL POSTMARKED: November 12 , 1987 1. FROM: Clerk of the Joard of Supervisors TO: County Counsel Attached is a 4opy of the above-noted claim. pH g DATED: November 19 , 1987 gall Deputy OR, Clerk Z, L. Hall 11. FROM: County Counsel 10: Clerk of the Board of Supervisors (A 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: � duty 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. BOA RD ORDER: By unanimous vote of the Supervisors present Claim is rejected in full. I; ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: DEC 15 1987 PHIL BATCHELOR, Clerk, ByZ26Z:L�. 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 in 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 inited States, over age 18; and that today I deposited in the United States Postal Service in Martinez, :alifor•nia, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. rated: DEC 21.1987 _ BY: PHIL BATCHELOR by . Deputy Clerk :C: County Counsel County Administrator CLAIM TO: BOARD OF SUPERV�SORS .OF CONTRA COSTA COUNTY A Instructions 4o Claimant Return original application tc Clerk of the Board 651 Pine St., Room 106 Martinez, CA 94553 A. Claims relating to causes of action for death or"for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action, - Claims relating to any other cause of action must be presented not later than one Year after the accrual of the -cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of. the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of LFiis form. t#tttttt#t###########tt#######t#t#########t####ttt#t#t!#tt#ttttttttttt#t RE: Claim by )Reserved f tamps J[IDTTH C.. WHARF (DFI.TSTF,) ) RECEIVED Against the COUNTY OF CONTRA COSTA) NOV 13i987 or DISTRICT) °N °AR Fa in name ) ey .. .. .... ... ............ The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ t15400_00 and in support of this claim represents as follows: iPaen dad the damage or Injury occur? Give exact date ani �iouzj October 22, 1987 � --------- --damage or In3ury occur? Zlnclu�e caty and countyj- Concord, California [County of Contra Costa] 3.. How did the dama a or inr oc Jucur? \GaveuII aetalI-s use extra sheets if required) Ballenger of the Contra Costa County Superior Court Clerk's Office caused to be released a writ of execution validly in existance and properly issued to the Marshall's Office (Davis) for execution. Said Writ was executed but release by the Marshall at*the .request of Ballenger. --eee -ecce a eee a ee ee a--T e e Tee eeeeee a eeeee e r me a eeeeee Te ee eeeee d. Nt particular act or omassaon on the part o county or aastzlct officers, servants or employees caused the injury or damage? (see statement above) (over) •What are the names of county or district officers, servants or' employees causing the damage or injury? Marshal Roger 1L. Davis Ballenger, Assistant County Clerk 6 what damage or �n7uries do you claim resu�te3? ZGive �u�l extent of injrries or damages claimed. Attach two estimates for auto damage) Attachment of writ of execution-on Jaguar valued at $15,000.00 to be sold for purposes of payment of child and spousal support. -- ---- --------------T---- -- 7. How was the amount claimed above computed? (Include the ests.n►ate� amount of any prospective injury or damage. ) Computed from judgment in case no. 186408 Contra Costa County Superior Ct. ——•-—————————----——————--———---—----------—----—---- --T—----—----------—— 8. Names and addresses of witnesses, doctors and hospitals. Same as above and including attoniey%8hari Lindstrom S deet m Placerville, CA 95682 �. List the expehd�tures you made on account of this accident or injury: . TSF ITEM AMOUNT 1187 Writ Deposit $500.00 9 33 n Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person = his behalf. " Name and Address of Attorney RICHARD LINDSTROMe ATTORNEY AT LAW (916) 622-7659 450 MAIN STREET Address PLACERVILLE, CA 95667 see left) Telephone No. (916) 622-7659 Telephone No. (916) 782-2298 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 as EX-OFFICIO AS THE GOVERNING BOARD OF THE RIVERVIEW FIRE DISTRICT Claim Against the County, or District governed by)' BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 15 , 1987 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. td8lInsei Amount: $1, 569 . 26 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: GEORGE T. SNIDER, JR. NOV 19 1987 1467 St .James Parkway Martinez, CA 94553 ATTORNEY: Concord, CA 94521 Date received ADDRESS: BY DELIVERY TO CLERK ON November 13 , 1987 BY MAIL POSTMARKED: November 12, 1987 1. FROM,: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: November 19 , 1987 EaIL BATCHELOR, Clerk eputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors N 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: /Qtl. TQg BY: eputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. (/ )`Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DEC 15 1981 Dated: PHIL BATCHELOR, Clerk, 8y 4- _�, . 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 a d Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 2 11987 BY: PHIL BATCHELOR by uty 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 _ ) Rese ve or erc s ng stamps ���- �r. RECEIVED /N�Z2 -Ti4mes , «o,r.C7,I,) UG—) NOV 131987 .Against the COUNTY F CONTRA COSTA) �Q ,�• ) Tc R 6 /� /Ve7Vleu0 ! j r� DISTRICT) 'rPfAv (Fill in name) ) e+ o�o,b The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $.4 and in support of this claim represents as follows : ------ ---------------------------------- ------------------ d 1. When did the amage or injury occur? (Give exact date and hour) ------ ----•r-------------------------------- --------------------------- 2. Where did the damage or injury occur? (Include city and county) •fJe�v vaN R19.1 I K'Md f} u e a P�Sb u r9,G1, CW6357` ---------------------------------------------------------------- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) L dWq �/ r �~r v c k w�S t Y N i rv� �(d Fo/(o w the SSS e li)hee(s cYoss,ZGl da able yellow4Aje f}N h17`1eTf F,-oWt Cos�iv�" ------------------------------------------------- 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? ✓ I A) -t�oo Gose +b double yLVL iAue/,tfrePAe- P-F � �asse� h� G.�wes while -'he dr ive � Uvfis tVYA_J1A17 76 fo� /Qo/}cj C'� Ns`friUc'FiO,V �ef'Uur CvrUe � C/9Us/N� �e re�Y 6f1hP Fire rvC/C fo hl7 Z ' of My (over) 5. WYat are the names of county or district officers, servants or employees causing the damage or injury? MY ff - A-' S Ueiv 1nC C u //, 1u W e s d r r v /sv7 the f/re-T>, J("t ---------------------------------------------------------------------- 6 . What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage 4,01F1 ,-oti't' -E`cwdvr� �evWeIr-e.r- eA15-lt kl )�i ,-kiNg1 ifht, FeN�e.��nOJ1d/N�i rZeT 6,v /9��' Fera L7 D- .S$L;I eYl , ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or dama e. ) Lo�"t'es� irvt.� QodySho,�. 50e X��C/Ied 2'5, t1&7,A7*s -------------------------------------------------------------------------- i3. Names and addresses of witnesses, doctors and hospitals. dee Po //ee /°ep©�y- ----- 9. List the expenditures you made on account of this accident or-- injury: DATE ITEM AMOUNT ****** ****************** ************************************************ Govt. Code Sec. 910. 2 provides : u "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney r�C imant' s Signature /Sf,J-/g-me S/k U) S! . Add s Telephone No. Telephone No.�p�9`l�lQ DY 6Z l63'� ************************************************************************** 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. " DIABLO AUTO RODS- n.u. IVU. PALI 01 1 nIIMATI N:;1' UY MODE MAKE STYLE COW'ORn. C V MASON lNr)!-JS'TRIAI-- BODY V-P MOLOG I : `z) 67•, 'J;� P COLOR TAPE MILEAGE 27 *%E ADDHE HOME OLDUGTIBtF- / 1 0 Sly 51 SS TAof 5-k I I,,V " 6, f3z N BUSINE$IF a E V CO INS PHONE VIN R 7 ~l 7� 2 CILLI-07 SAME QUALITY REPAIR TO ALL MAKES OF VEHICLES Z REPAIR LABOR PARIS REFINISH PAINT.MAT. REP1, PARTS NECESSARY AND ESTIMATE OF LABOR REQUIRED STRTN HOURS LIST HOURS 8 NET ITEMS To P-,N Lm- V 3 X E,:Lsw It i,,o 47 6E k3 5- 69 �16 100 1 'IS ES71MA7E IS BASED (M TOTALC'O 66ztl :�Po LABOR HRS/4�, 4� AT S� _ �DITIONAL PAW S OR i.A;�')I` TOTAL7`7 S BEEN! STARTED. PARTS 7/7, LESS !fQ c/b I FIRS! INSPEC71()(, PAINT MATERIALS VC7 CO NNOT COVtEl-i TAX ANGE VJIT SUBTOTAL NCE. E S1 111,,�.,TF I-"' SUBLET -41EF Deductibles to be paid at time of Delivery GRAND E-Z-LINJTOTAL F�" ■ LCf71Y1Cf� J ' 1 (� • AlnrtMean IB'.rl Li.dnubr "'nm!t • P.O. IInx b398 ® ii 1 �.) U BLBSMgRIIE Jeep Phunr. 68G CONCORD, CALIFORNIA 94524 ESTIMATE OF REPAIRS AS LISTED FOR LABOR AND MATERIALS VERBAL AGREEMENTS NOT BINDING-ESTIMATES FREE )caner e SN� 1 y6 % In lddress JJ:L '/ sr:r i:d nsurance Co. nd/ I' / ' No lddrrss_ ...__ __ 19,.,,:• . .._.—.- — Nnmbrr 'e.0 `7 Mudr�l \ b.,,l G _NI'm Aakc / t, •`� DUAN. DESCRIPTION OF LABOR OR MA I I RAI PARTS LAROR SUBLET Al i ' ALI Al ! , u.li- - 4_1 3/-A-�I - — N poo� — ' S._� J lily - � I .RTS PRICES BASED ON STANDARD CATALOGUE PROCUREMFNI PRICE SISI S:;1)tIJ6.1 '!)CVintkf',y \`;I I::r)UI Nl)11CC. OCUREMENT AND DELIVERY CHARGES MAY BE ADDED FOR SPECIAL SERVICC tiro I'L\a?.F!n 1 i.\'•)r_:.I:;.i. i r)CAL l Y. 1 parts removed from cars will be junked Unless ulhcrwisr,inSUuch:d in wribnp 10)1AL 1_7B OH/ U ,� e above is On an estimate based On our Inspection and dues I'm Cuyra dddtmn:J parr.,rt I:rUr N.Ir n..„ o ...•;uu••tl.duv the wnr 1, s been Opened up.Occasionally alter work has started worn I)mt::uir•durovunul whwh;urs nm::v:rL•c: ,.,. .:..' m:.;..,hon.Rucau:;,. PARIS this the above prices are not guaranteed. PAINT MATERIALS J A-Align N-New 0H-Overhaul S-Straighten or Repair EX-Exchange RC Rechrome U Used �J TAX :MARKS: PAID OUT nr; :a ngnr,r -- ------- SUBLLT /.Joh 1 Q 199 5-011 7 7 NORICK OKLAHOMA CITY I County AdministratorContra Board of Supervisors Tom Powers Cbunty Administration Building tat District 651 (Dine Street, 11th Floor Costa Nancy C.Fanden "arlinez, California 945532nd District (415) 3724080 County Robert 1. Schroder Phil Batchelor 3rd District County Administrator Sunne Wright McPeak 4th District Tom Torlskson 5th District U U, November 2, 1987 Allstate Attn: Mr. Bill Kistner 6054 Main Street Clayton, CA 94517 Dear Bill: Re: Your Insured: George Snider Date of Loss: 9/15/87 You will find enclosed, our claim form which should be filled out by Mr. Snider and returned to the Clerk of Board of Supervisors for processing. As a governmental entity, the law requires that a formal claim be filed with the Clerk of the Board before action can be taken regarding your subrogation claim. The claim must be filed 100 days from the date of the accident. If you have any questions, feel free to Call. Sincerely yours, RON HARVEY Liability Claims Officer RH:Ia Enclosure o?,Z CLAIM f BOARD'OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 15 , 1987 aid 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: 00. 00 Section 913 and 915.4. Please note all ci�urwr. s" ;� Counsel CLAIMANT: ALMA MARIE BROWN 901 Court Street NOV 19 1981 ATTORNEY: Martinez , CA 94553 z Martine Date received , CA 94553 ADDR'SS: BY DELIVERY TO CLERK ON November 18 , 1987 BY MAIL POSTMARKED: no postmark I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. November 19 , 1987 pHlL geTuiELOR, Clerk DATED: PY /l� /� L. Hall ]I. 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: /11??1j, BY: (,/ Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD � ORDER: By unanimous vote of the Supervisors present (X) This Claim is rejected in full. (� �) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DEC 15 1987 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 declire under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez. California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 211987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COR*- AWYappucationto: ' Instructions to ClaimantVerk of the Board AI SOX 911 Martinez.Califomia 94553 A. Claims relating to causes 'of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. . 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by )Reserve for C erl ' g stamps RECEIVED Against the COUNTY OF CONTRA COSTA) NOV 18 1987 or (�c >:..� .� . ./ �,., DISTRICT) CAL . tooz (Fill in name ) b �'' 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: � .._.. T----- _—_----..--_.:--------- ---- --- 1 ---When_ _—_did—_ the_—_damage____ or ln3ury occur? (Give exact date and hour] 2:--1 ere aid tFie dama a or inTur occur? T ----- g ) y (Include city and county) J `J 3. How did thedamage of. in3ury occurs (Gives I use extra sheets if required) / �. _ ��t Lk'�•.i �/ �. . + ,-1•. .J __r;;..,x �.. _ .) ,t �.; r`•• . .L.S':,� 1.'.a: tip ITI —T-------------- —_—--—__-----T—--T----- 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 the damage or injury? 6. Wt$amage or n3uries do you claim resulted? -ZGive-full extent of injuries of damages claimed. - Attach two estimates or damage? iiJ -�.�U. u_�,� _ lu!o G,�,,fy ------------------------------ ------------------------------------------ 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) .1``..�•.!s•'-�cx:1 �c.c,_ry ,.:; '-_ ' -..c,_f _. �:l:t_i.'.h :.�:t:,. j r/,:;_ .� v�•-.�: C-4�=�.. ..1 _ 3U GCS -------------------------------------------------------------------------- B. Names and addresses of witnesses, doctors and hospitals. - �. List ,the.,e�cpenditures youtbade on account of this accident or 1n3ury: ITEM AMOUNT .t#R#*ktktkkf***t«#R#kkt�k#ttk*t##tR#R#R##tR###t###tttttt##!#t#tt##t#Rt#ttk Govt. rode 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 q01 C'ou rA !zl , - lfdress .� d Telephone No. Telephone No. y f5' 23� 073 3 tttttttttRtR#tt4t####tt##ttttt##ttRttt#t#t,,t++tittt__I#//#tt##ttftttttRtltttt##Rtk - \ ♦i l8OTICE Section 72 of the Penal Code provides: "Every-person who, with intent to defraud, presents for allowance or for payment to any state board or officer, ' or to any county, town, city district, ward or village board or officer', authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 15, 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $25 . 00 Section 913 and 915.4. Please note a11CW"Isbouns`) CLAIMANT: LARRY K. CRIVELLI NOV 1 � �9$� 812 Weaver Lane ATTORn:Y: Concord, CA 94518 W)artinez, CA 94553 Date received ADDRESS: BY DELIVERY TO CLERK ON November 18 . 1987 trans . BY MAIL POSTMARKED: no envelope 1, FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. fibIL gATCHELOR, Clerk DATED: November 19� 1987 : Deputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (./VN 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: 161 (J, 61� BY: r&e !Z'ye t /ll_� Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (�[ ) This Claim is rejected in full. (/\) Other: I certify that this is a true and correct copy of the Board's rder entered in its minutes for this date. Dated: DEC 15 1987 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov, code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 2 11987 BY: PHIL BATCHELOR by ZkZZL: Deputy Clerk CC: County Counsel County Administrator u, .AIM TO: BOARD OF SUPERVISORS OF CONTRA CO9_X6Tr Kapplication to: Instructions to Claimant0erk of the Board O.Box 911 Martinez,Catifomia 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. 911.20 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 Distrtcv-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 v ' filing stampp ' RECEIVED - Against the COUNTY OF CONTRA0 A) NOV IS 1987 or DISTRICT) "E (Fillin name ) �y „ �„ The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ ';1 and in support of this claim represents as follows: ------------------------T-T---------------------- --------- exact date and ourj ,----- - -- �. When did the damage or injury occur? (Give - �. rdid tMe damage or injwry oc ur7 Include city and county) 3. How did the damage or in3ury occur? GiveuII details, use extra sheets if required) -----------^---�•-------------T--4 T--.------------- ---------T---T----- . What particular act or omission on the part o?'-county or district officers, servants or employees caused the injury or damage? (over) 5. What are the names of county or district officers, servants or • employees causing the damage or injury? 6. WhaFag Ria ge or 1;,3,ail do you claim resulted? ZGive-full extent of injuries of 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. ) • ` 4 8. Names and addresses of witnesses, doctors and hospitals. _ - L------- 37-List the pxpenditureh you made on account of this accident or injury: E RTF i J. + . ITEM AMOUNT Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney Claimant's Signature Address 'Telephone No. Telephone No. tttttt#ttt#t*#t*t#t#ttt*ttt*t*#ttt#t#tkt*#ft#tt#*#ttttttttttttltt*tttttk*# 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 /4,2A f 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 10 CLAIMANT December 15 , 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $2 , 060. 87 Section 913 and 915.4. p1�e e 11 STATE FARM AUTOMOBILE INSURANCE COMPANY ON BEWY OF � $I ;nty Cotlns2l CLAIMANT: ELAINE AND THOMAS THOMPSON claim #05-0152-7228 6400 State Farm Drive Nov 19 19$7 ATTORNEY: Rohnert Park, CA 94926 Pi af"tlez CA Oita J,3 Date_ received ADDRESS: BY DELIVERY TO CLERK ON November 17 , 1987 BY MAIL POSTMARKED: November 16, 1987 I. FROM: Clerk of the$pard of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. H gg DATED: November 19, 1987 BppIL DepuLyLOR, Clerk L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (4 This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �1�� Q � BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present I This Claim is rejected in full. Y � I; ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: DEC 15 1957 PHIL BATCHELOR, Clerk, 8y , 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. fou may seek the advice of an attorney of your choice in connection with this matter. If you want to consult in 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 Inited States, over age 18; and that today I deposited in the United States Postal Service in Martinez, :alifornia, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. )a ted:_ DEC 211987 BY: PHIL BATCHELOR by eputy Clerk .C: County Counsel County Administrator STATE fAgM IN EUgANCf O State Farm Insurance Companies November 13, 1987 STATE FARM INSURANCE CLAIM OFFICE r 5111 Johnson Drive -- Pleasanton,California 94566-3395 (415)847-2500 Contra Costa County R Board of Supervisors RBCEI� 651 Pine Street, Suite 106 Ej> Martinez, CA. 94553 1JJ NOV 17 1987 CLS, IL e T ELO RE: Our Insured : Thompson, Thomas and Elaine coN 7° oas Our Claim # : 05-0152-728 ey ' .............. . ty Date of Loss: 10-07-87 State Farm Mutual Automobile Insurance Company on behalf of Subrogee, Elaine and Thomas Thompson hereby makes claim for $2,060.87 and makes the following statements in support of the claim. 1 . Notices concering this claim should be sent to State Farm Insurance Companies, 6400 State Farm Drive, Rohnert Park, California 94926, referencing the above claim number. 2. The date and place of the accident giving rise to this claim are; on 10-07-87 on Sycamore Exit of 680 in Danville. 3. The circumstances giving rise to this claim are as follows: Thomas and Elaine Thompson were operating their vehicle, when your vehicle a 78 Ford pickup, license #E706756, driven by Larry Sherkey, negligently collided with our insured causing Left rear bumper/trunk. HOME OFFICES: BLOOMINGTON, ILLINOIS 61710-0001 November 13, 1987 AC-51 Page 2 4. There were no injuries reported. 5. Our total claim is as follows: Company's Net Payment $19810.87 Insured's Deductible Interest $ 250.00 total Property Damage &21060.87 NOTICE: This form is to provide notice of our claim for damages in accordance with the one hundred (100) day statute. If this form is not acceptable for compliance with the statute, please rush the necessary forms to my attention for proper filing. STATE FARM INSURANC�E_,COMPANIES i Dated: By: �Jayni Stark Claim Specialist JS/kme AC-51 cc: , CLAIM 1. >} •* BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION -the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 15 , 1987 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 GovernQt:0¢eC0unse1 Amount: $100, 000. 00 Section 913 and 915.4. Please note all "Warnings". NOV CLAIMANT: EDWIN INGALLS ET AL c/o Donald N. Hubbard MaftiFi6z, CA 94553 ATTORNEY: 2100 Garden Road #F Monterey, CA 93940 Date received ADDRESS: BY DELIVERY TO CLERK ON November 18 , 1987 County Ck. 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. November 19 , 1987 PQHHIL BATCHELOR, Clerk DATED: BY: Deputy L. all 11. FROM: County Counsel TO: Clerk of the Board of Supervisors r This claim complied. substantially with Sections 910 and 910.2. All-M A)V" 'W I;Vli<Jelfs CaUA41 � Aaim 4* 0t/od. to i9Fse O ( ) clFAILS comply substantially with Sections 910 and 910.2. and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). aJ OR,l,, E 0 cc""r: 6E des✓ .tb�Erst b /rl� � ( Claim is n timely filed. The Jerk should retur claim on ground that it was filed la a and S nd warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: l L /J/f, ��{ _ BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) XClaim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (X ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: DEC 15 1987 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 leposited in the mail to file a court action on this claim. See Government Code Section 945.6. 1 o may seek the advice of an attorney of your choice in connection with this matter. If you want to consult n 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 inited. States, over age 18; and that today I deposited in the United States Postal Service in Martinez, alifornia, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to he claimant as shown abo . DEC 21 198� ated:_ BY: PHIL BATCHELOR by eY put Clerk C: County Counsel County Administrator ` In the Matter of the ) Claim of Edwin Ingalls and ) CLAIM AGAINST PUBLIC ENTITY Betty Ingalls against The ) [Govt. od § 905 .2, 910. 21 County of Contra Costa ) &lee TO: CLERK OF THE VED BOARD OF SUPERVISORS NOV CONTRA COSTA COUNTY 725 Court Street Martinez , CA 94553 EDWIN INGALLS and BETTY INGALLS hereby makes claim against The. County of Contra Costa for the sum of $100,000 and makes the following statements in support of the claim: 1 . Claimant 's mailing address is 7 Crescent Drive, Orinda, California. 2. Notices concerning the claim sould be sent to the law firm of DONALD N. HUBBARD, 2100 Garden Road, Suite F. Monterey, California 93940 . 3 . The date and place of the occurrence giving rise to this claim are June of 1980 to the present date, on or near Crescent Drive, in Orinda, Contra Costa County, California. 4 . The circumstances giving rise to this claim are as follows : the County of Contra Costa has negligently performed repair work and resurfacing to the roadway known as Crescent Drive in Orinda, California, which has caused excessive weight, due to excessive roadway material being added to the roadway adjacent to the property located at 7 Crescent Drive, Orinda, California. As a result of this excessive weight the soil beneath the shoulder of the roadway at the premises in question -1- has been caused to move over a period of years since the resur- facing of the road which has thereby caused the driveway of the premises in question to slide into the premises and a resulting severe damage and dangerous condition on the premises . _. 5 . Claimant ' s damages consist of possible total destruction of their dwelling or in the alternative, extensive repairs to build a new driveway and new floor to their garage to repair existing damage and to prevent future damage. 6 . The names of the public employees causing the claimant ' s injuries are unknown at this time. 7 . The amount claimed as a result of the aforesaid occurrence as of the date of persentation of this claim is $100 ,000 . Said amount includes general damages in addition to damages needed for repairs to the driveway, garage floor and structural repair and future expenses required for repair . Date: November 16, 1987 I DONALD N. HUBBARD Attorney for Claimant -2- _ AMENDED CLAIM . BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the'County, or District governed by) BOARD ACTION the'Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 15 , 1987 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: $� I1�o� `?� Section 913 and 915.4. Please note all •WarAin s" C OUI1fj/ COUnS J CLAIMANT: JOHN L. GEDDES Route 1 Box 198C NOV IG 1987 ATTORN'Y: Brentwood, CA 94513 Date received Martinez, GA 9455' ADDRESS: BY DELIVERY TO CLERK ON November 16 , 1987 hand del. BY MAIL POSTMARKED: no envelope 1. FROM: Clerk of the$pard of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. November 16 , 1987 eQHHIL BATCHELOR, Clerk DA'fED: BY: Deputy we L. Hall 1I. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 4,,2zl- 12- '-9 BY: � � // /f Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present / ,45 "ww&* This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DEC 15 1987 Dated: PHIL BATCHELOR, Clerk, By ay. Deputy Clerk WARNING (Gov. code section 913) iubjectto certain exceptions, you have only six (6) months from the date this notice was personally served or ieposited in the mail to file a court action on this claim. See Government Code Section 945.6. fou may seek the advice of an attorney of your choice in connection with this matter. If you want to consult in 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 Inited States, over age 18; and that today 1 deposited in the United States Postal Service in Martinez, ,alifornia, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to :he claimant as shown above. fated:^ UEC 21 1987 BY: PHIL BATCHELOR by Deputy Clerk ,C: County Counsel County Administrator .tea}• • c F FORM US 113 R11I55 MARTIN BUSINESS SYSTEMS RACINE. I RS.T�MATE OF REPAIR R800-54 -2657401 (IN WI543.2435 F .. (IN WISC 1-1900-4]2-$133)p a VJ UN v:. SN r a m CNN -1 m D O-10 .t m m s r. NTI OD N S 2" So -40C �W Dam 'V -`" =m N 4 `Lil D N5, 81 6 p (] 9 m C CIE ti'J`1\ c m o" *0 Z �Z T. O m. °D 1 �. M U) 31 N m mz MID m° X <2vy D�i°STSzmOS 3 x0 O £ w O w YO�x <Lm awsw v["f3m 3 23 < m m 9 m�p S 1-~nON9 wOl"n mumi<wm(�y�w z 1}}/}}���`/1 �I LOi =y9y y�ry y<yy -1 (� \\ j tc.- D V N Z O M p T wwti 3wyDDODZm�D w O ZOOY m m ; ZOL <8m am mm CD<m nn`, ` �1 !J m < r a m Aw, No a DC ;mw SD 9rn9mN 'V C V m°a AAM s>mo F °x °m (/� m� z m TOIRc mmi r, .N 1 pL[- n UJ ".mfa'!m yt9> wCC 9'..umia A ' F on, AMA CwZ m- rCz- 1 y V :mnm ^m^ ZmOD_1 m V O y z yC mvc D 'PDI 00< <:.Oy_mr Ql m l'yv`7�-J, 1\�� ' 0 m9 °>9ms°mb° d `TI TI mw 9 1V m a 'm s .=09wn w� 0-1 p1. ._DSO ys+0i 10'* ,!yZm. t� V\ ~ O K.1p ,.. T wO= 2. >�SmH �y' z r '9m 7nCIA x. �_. 2mOmm _ :..mw Cm ZO. zpZx0 �' 11 II��1 I wOm LL1m 2..-1 'ffl . 9 n' V„ m. L s O x I x w w w y p a a D D .i. �•y� oo a s 9 O m z z ° f7 D _0 O r r ..z a D m p O O c DO P s D m i9pp > r `mV•m tr C .f11 m 94 0 �1 ° m s p 0 `m 2 � E x C 6'1 m U) V N a i 9;x O w 2 z ( x D S K y m c m M m 3, } c zamm 2 D D N . a o m N — Jm A M DI a n i 3, > w w m U M .m m O A 3 z O zz m i Z m O p 43 m . a b C c m O z s m m C z0 m CL-141M T0: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant Return original APPlication tc Clerk of the Board 651 Pine St., Room 106 Martinez, CA 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 actione - Claims relating to any other cause of action bust be presented not later than one year after the accrual of the -cause of action. (Sec. 911. 2, Govt. Code) S. 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 tris form. ftt11liittiAttlAtt tftttttttttttlttttitAtAttltitlttAAltAttlili!!!f t!!!t!4! RE: Claim by )Resery g stamps ) Against the COUNTY OF CONTRA COSTA) NOV 121987 o?t30P.m . PHIL GAT ME OR or DISTRICT) w oo vLsoRS Fa In name ) ACOS O' er oa,y The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ F95. 15- and 95. /Sand in support of this claim represents as follows: .` wFien`�i�`t2ie`�amage or rn3ury occur? Give exact bate sn$ bourj 17"Rfiere aid tie dem"age or injury occui? Z`Incluae city and oou M Lvlf Tfl(6,f Y -50( Fff GC C%f L-, L 44�7 xe5o/fT /WJi f V 51-0VC,11 t I3/X Lf oir AAI/&HrsMv, COA-ITM CosrW did the damn a orin?ur occur? ZGiveuIS aetaiIs use extra sheets if required) y 3pT Cf 225 �G� TOW pf CON/ COSJip 1/@ 55�( C f gY/0 )C C, wHlTf !�o cK5 t,/�/�v� v�g, c•4vsiivc, !f M,16e TO MY H(11,L1 ©uTpii IVf jj s/y_rA'T __ _____ r_ _r rr_ T.._ _r_r r___ r______ 1 KR particular act or omassion on a part o county or �astrict officers , servants or employees caused the injury or damage? /NAfx. C-f I1A1'C 4f17 e)1W, 114 of Vf>5, t_ te C f 2 Y/G x C j dLly/4'4� /'1Y R60P), Clc /NTD ROCK5, (over) 5., What are the names of county or district officers, servants or' employees'causing the damage or injury? tio 3'76y 6. What damage or an�uraes coo you claam resulted? ZG�ve �uII extent of inj ries or damages claimed. Attach two estimates for auto damage r (,1L.L�r�/7'{�x� %T'g�lj0-f/f� Cf{/�C/C, CH/l�Cr CC IP, c •, T fid�ifGc��s• �ifo �sr�MooT2 --- --- -T---- ?. How was the amount claimed above computed? Include the estimate amount of any prospective injury or damage. ) v� 7 f u rr-rrr--rrr 6. Names and addresses of witnesses, doctors and hospitals. )K714Ty 'V'e5�sc o 6ofi -5-r 8lj��ufc�0�c� 9 ysi3 r Tr--r--------- - --------------------------------r---- r---rr r-rrr r rTrTr rrr �. List the; expendI _es.- on account of thiT s accT ident or anlury: DATE ITEM AMOUNT $ f ti t ttt#!##R*#**jR tR*RtR#RtRtRR#tR*RtRRtRtRt#tRt##Rt##RR**#R*##*t*#*t!!!R!!t!t#R Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney > C aamant s Signature 3/US l�orL/ i� /� �v�r �r SOA MY C Address O9 94Wkwic c.aloe 9ysi3 Telephone No. Y�7- 5(p Telephone No. 2}/g !1!f!!!!liRtt#**R#R*tttR#t#t***t#Rtltt*!tltRtR*tttttlttt!lRRttltt!!#lRRttR* 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. " Cl rli L'/' -7r Z Ail VAcy, t� 0 'IN Mn 0 Z I m ur N 00 a 0 3 0 > 4 x4 r rr X r mMm > r 01 x 0 Mm 0 0 > 0 > m m r rn uv v oLl 11 fi Aq C f X 4f Tiffl�0,4AP CIV . 14X1-f 'NQOrV f �cTC�6i lt� 19T71 / If4eC fIV4/ ;7 .f C iT..t�T`IW lsti'f/4 No, of cOAIP%•� cOsf.� .s fr,ZI'1fiGs 1*71x01Tf'� Tirr irae Ay Sil?� f VN,,Ilf, 7a- 41 df # Cf --"YIO x CI VAIAZtt ROUl df t/M,-SAr(- ,eo u /cc&p 01Vr o *u ns A NJ/,/(r tiFtlAff1 Y TO otiro r�acxs c.�t�,s�G� t��9rGY,9t ' ro bful.t l OUT To mWoov /Wmfp 71-W77-41 To 1,r,.,f wtl(Ilf Jnr G MT Oo7 v� �v�s s�,1��i lit/ ovT_ of t��, /qf rfl� Xg TUX. llltl( - r4 60/�j 4frA64 AO�Oe/rvt G'OC�SkI ovFit 1 ii9GE 7-141.fAg t t�oO/t- OA/ TiY,f, l r/�frAoo� AZOCANP OvTO�/1/� GACA Of ,Gjd1"�T / Ti%ZN /W IWiVf5�' rO ;lllj/`7 f TRAI/ 7-ff TO T/fA cGfo�x of Tff2 ljC-,�, /"ICY �c,�/�/,� 400�98:5,'ls, Timis C OIYIA* 74611�y IMAIAsoAI N/A/r/Am 1200 /fcl ot5015 C /lf l If-5i/1i�rt of /fAel�/lr. ,��fo "TZ CaO4�S of /�,�c�i�if of ��ir✓r�✓��c� �,�/ffah'��p i�v s�i-i��i� Of / FX 6 d USI' 7-0 ti fr Yov f<iva✓ vNfi w-�5 �qolt',eT{/.Y �ifio1r rd ,SOCK .4 �,4 6t- yvlf Ao .��5'��/ffs 6o�T. Th'�ivi Yd v i�,�Sy,�cTf UAL y sQAPN r�D 1 ZV/74 rw c.9 vysi�3 HoM,� &2S- 238' wylr 930-5500 DNE3W16"1 l -1 ` ' IMA I t ■Ur r.FAIK WISC 1-60 y ISC 1.600-472-8133) • O i A J a A 2 p o N N -, rn >f1i O N Iill c y IV V 1 9 O, m O a m timm a p' Cp a O x m O m v+aa N O . Cmm T0F O � Ul 0` 3 o� - - - ---- - --- - --- - - - - - - - - - ---- - - - - - ^- zCOD' m T m (�1 O V N no 0; pts oc a cm oO 10 2 2 fff r m 'm m WEN m z so i y. Om00smC> n r-1 -1m1-°ny O ZS _n > ° Z y° m umi �2�= aN2 CS m2 ym0 2 3 - 00 ~ O z C S ° j Ziy0 mSN am ammlTliiN 1 i m K y 9 O yN 7:ON mN;In l�yry •j �'v zmRR m y N I(1 O m n� y = EH;LS pl OmRi O m (� "`. m r, m > m a y O +A� ya a> az rs CVk S9z �i=m am mm CSO_ O , Z v I T m =7 m < _mm< Ty0 c. Oz yTN 'T' z>cs Smmq D>S�ZOm�n .r. ° IMC O \p9 1 0 £�z mOm a G p L� r Ocm LOO�a O ' 2 p'O smim> 2 N N nsz 2Dimo9imc A w Cd Lowy m �CDtiZ p� D m m O x: !_ 3 p TTS C� _ O> inmm m m'I» O y Z D maC :o m Ox Op> < OO�mr 1 1 m n z 00- O< RmOOw l� O zm m ,190 m._m FluT m N L 9 w C) i I i ..ymN I^=� D °iOmml�i a m 1wv, m 1 +0 i20 fNOi sm £DOOp. 9 ,V H m �y O ZZO Z s Z<><2 , D ( w y 1 O mo �m0 5:9 C OSA' cg O �1.. O \m m ! c fy 2 m5mC0 a (vw` 2 'v r F R1 m g TNR cm P °2c,y0T vv J 9 S 2 Fi C H O!t �7 5 rA°Iz11 P9 Z 4 Ta {") m 1 O i c OD i m m N < D1 3.K 0 _ =y x ❑ N H IZn y C 9 a r Q m2 n.cc C S � ' 2 N r y mo °"> D m O I=ii G,� C /.J C D D m yp;Z z O ° L, z O m r ^' Y m i o nA m 0 �m m ( _ti O m m a m o <m tmi i n n r O m O m ° m z A < i>m0 c m m %Q = ymaxim s z z P O Y N _ C z O O J y m > m 'c i m "' m O .D m W m nom i > m m m :'m ! .4 a a y r < m m M m m O _ z — -70 > m a _ c _ P < m 0 m m a u � m • i I ISSUING AWFNCY_T_ 1 N� +� CU5T =1 'S� hi?C } NOTICE TO APPEAR N0. 70u,- DATE OF ISSUE TME DAY OF WEEK i a j BNAME(FIRST,MIDDLE.LA3nN � /. '• �_Ht_ ` 6 1S' i RESIDENCE ADDRESS CRYP 0 p Rc .BUSINESS ADDRESS CITY I ZIP {' DRIVERS/�LICENSEy'NO. STATE - .BIRTTHDATE - Nq D ( l F:l G SE'(%� •H�+AIR�'7 pS jam' HyE�16HTWE _ 77 REG17A71NSO, �� STATE YEAR ,. MAKE- t tDEL R 1 S- COLOR . :_ NGTNNVMBER OF PERSONS ON IN. BOARD I b. REGISTERED OWNER OR LESSEE ADDRESS OF REGISTERED OWNER OR LESSEE ` PROPULSION ®-INBOARD ❑OUTBOARD •❑VO i ❑KANO PROPEIJ,ED ❑sAR ❑JET ❑OIMER VIOLA`TlDM ) COD-€ DESCRIPTION . r LOCATION OF VIOlAT10N BOOKING L_:. %�'�- T`% r�}� REQUIRED ❑OPPBisEls)NOT cOMY11TE0 W MY PRC6CPICG CIXTPIm ON fPO1WATWN Af0 mom. 't' j- I CERtPv unmet P ALTV OF PaJuwY{�17"T rm Ie_ wlm ANo eaeT. ouclrr®oN TKe OAn sNowN AT `_ '"I�' �-� eALs. f ' a ISSUING OFFICER IPLACEI SERNL No. ` NAME OF AIIREETIRI OPPKOI—Y OUTaRIf PROP ASOVs SERIAL No. f" *,vm0T ADMITTING GUILT, I'PRDMISE TO APPEAR'AT THEI.TOAE AND PLACE.LHENO BELOW. SIGNATURE - �. L{1 MUNICIPAL COURT �❑JUSTICE COURTp ❑JUVENILE COURT ADDRESS q I cm OR rowN P.� ` S IBJ n` jLJ�ON THE DAY OF 1B WT, M. ❑ WITHIN 18 DAYS"-, PORK APmovED 6Y THE JUDICIAL Col DP ' �.' REVERSE CAUPOR .REV. 11-10-69 P.C.333.0 SEE SIDE' Iy' WN -COURT BLUE-BOATER YELIGW-ISVJVM AGENCY GKMM-OF Elt .:. ' 1, -OBW 1-82 .. - k .2%iiyl- �.�� ,T q of Al tv" 49 t S :� ,�y �1Sd^.•�•"A ' :�:� .:. i-`_c"qr}. ->ti �l "r..�i`. ;'n.Tr..� INVOICE s� S MARINENER E T 3972 306 RailroadAvenue Pittsburg, GA 94565 (415) 432-7984 Customer's Order No Date 19 Name / i— ) Address ! ` SOLDaY `CASH C.O.D. CHARGE O CCT. MOSE.RETD. PAIDOUT LAYAWAY DUAN. DESCRIPTION PRICE AMOUNT !� !b - /- . I All claims and returned goods MUST be accompanied by this bill. TAX Received By TOTAL . Fmm EPC-lie f u 2516 BLANDING AVE. • ALAMEDA, CALIF. • 94501 • PHONE:522.2616 PITCHOMETER PROPELLER CO. A Division of 21001 Pacific Marine Propellers, Inc, NV1E Il. PHONE A RESS IN OUT OY -$ a5 DESCRIPTION TP& CUT DIA. TO NEW HUB LPITCH X a REPITCH D TO X SUPER CUP GAS WELDING HELI WELD (l MISC. v WI L ALL UPS PP BUS TRUCK C.O.D./AMOUNT QTY. DESCRIPTION AMOUNT Q 7 i 9 -kJ i i i i i i oZ i i i TAX � LABOR TOTAL ALL WORK ACCEPTED AT OWNERS RISK CUSTOMER COPY AMENDED CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Maim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 15 , 1987 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 note allOW-8tih0ounsel CLAIMANT: MACY' S CALIFORNIA, A DIVISION OF RH MACY' S INC . NOV 19 1987 c/o Daniel M. Crawford, Esq. ATTORNEY: Carroll , Burdick & McDonough Martinez, CA 94553 One Ecker Bldg. #400 Date received November 17 , 1987 CC ADDRESS: San Francisco, CA 94105 BY DELIVERY TO CLERK ON BY MAIL POSTMARKED: November 12 , 1987 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a 4opy of the above-noted claim. November 19 , 1987 ppHHIL BATCHELOR, Clerk // DATED: BY: Deputy . 6� 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: Ll, �Q �� BY: eputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present () NS 14^9 106-0 (1C) This Claim 4is rejected in full. {� �) Other: I Certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: DEC 15 1987 PHIL BATCHELOR, Clerk, By . Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today 1 deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. ZA.L/W________.Deputy Dated: OEC 211991 BY: PHIL BATCHELOR by Clerk CC: County Counsel County Administrator ROLL, BURDICK & MCDONOUGH COUNSELORS AND ATTORNEYS AT LAW SAN FRANCISCO OFFICE: /q 1676 N.CALIFORNIA BLVD.,SUITE 620 ONE ECKER BUILDING,SUITE 400 NOV + � WALNUT CREEK, CALIFORNIA 94596 ECKER&STEVENSON STREETS r r98� SAN FRANCISCO,CALIFORNIA 94105 TELEPHONE(415) 945-8579 (415) 495-0500 ® TELE% ADDRESS:CARBUR SFO A $UCCA November 11, 1987 TELEX NUMBER: 172450 __ ns Count;l Counsel, Victor J. Westman, Esq. 1987 County Counsel NAV 1 3 Maryanne McNeff, Esq. Martinez, CA 94553 Deputy County Counsel P.O. Box 69 Martinez, CA 94553 Re: Claims against County of Contra Costa, Buchannon Field, and Consolidated Fire Control District arising out of Sunvalley Mall Airplane Crash Dear Mr. Westman and Ms. McNeff: We are in receipt of your Notice of Insufficiency and/or Nonacceptance of Claim. Your Notice of Insufficiency states that the claim filed with the above agencies fails to state the date of the occurrence or transaction which gave rise to the claim asserted, and further asks that we provide a copy of the proof of service of the underlying Complaint. With regard to the first alleged deficiency in the claim, we draw your attention to paragraph 1 of the claims filed. In that paragraph of each claim, we state that the aircraft accident occurred on December 23, 1985 and that Macy' s California, a division of R.H. Macy' s, Inc. , was first notified of the claims being raised in the master consolidated Complaint on or about July 21, 1987. Please let us know if you require further information in this regard. With regard to your request for a copy of the proof of service on the underlying Complaint, we enclose a copy of the cover letter from Coddington, Hicks & Danforth which constituted our first notice of the Master Consolidated Complaint. As indicated by the stamp in the upper right hand corner, we first received the Master Complaint on July 21, 1987. Although Macy' s California was never formally served with the Complaint, we have appeared on and demurred to the Master Consolidated Complaint pursuant to court order. We trust the above information adequately addresses the alleged insufficiencies of our claim. If not, please feel free to call as we are happy to provide whatever additional CARROLL. BURDICK & MMONOUGH Victor J. Westman, Esq. November 11, 1987 Page 2 information you deem necessary for proper processing of our claims. We thank you for your courtesies and attention. Very truly yours, CARROLL, BUR CK & MCDONO H P e McGaw PWM/cr Encl. crW2 \Westman . 1et \ pwm 1 1987 -3 -- - CODDINOTON, HIcKs & DANFORTH A PROFESSIONAL CORPORATION LAWYERS 3000 SAND HILL ROAD BUILDING 1, SUITE IBS CLINTON H. CODDINGTON MENTA PABX, CALIPORNIA 94086 RANDOLPH S.HICKS (415) 654.8600 ' LEE J.DANFORTH DAVID M. KING EDWARD A.HEINLEIN OF COUNSEL -- STEVAN J.HENRIOULLE WILLIAM G.TUCKER DAVID W.WESSEL July 15, 1987 Peter W. McGaw, Esq. Carroll, Burdick do McDonough One Ecker Building, Suite 400 San Francisco, California 94105 Re: Sunvalley Mall Air Disaster Dear Mr. McGaw: In furtherance of our telephone conversation of July 13, 1987, we enclose herewith copies of the following documents: 1. First Preliminary Trial Conference Order; 2. Revised Proposed Case Management Order; 3. Plaintiffs' Master Complaint; 4. Our Demurrer to the complaint by Gary Lodge. From a review of these documents, it is apparent that our name has been left off the service lists because you were not in attendance at the first pre-trial conference.�was room a roll call at that conference that the groups were designated and liason counsel were appointed as memorialized in the first preliminary trial conference order. As we discussed, the Stern's office is preparing the order from the Second Preliminary Trial Conference held on June 26, 1987. May I suggest that you call Mr. Collins and ask for a copy of that order as soon as it is prepared. Please assure Mr. Crawford that Mr. Coddington looks forward to discussing with him the defense and indemnity issues which Mr. Crawford has raised. Mr. Coddington has suggested that he and Mr. Crawford meet at their mutual convenience to discuss this matter in more detail. Please ask Mr. Crawford to call Bud upon his return to your offices. Very truly yours, Lee J. Danforth LJD:eo Encls. AMENDED to CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ,Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 15 , 1987 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 note all "r"O lgty.COUnSGl CLAIMANT: MACY' S CALIFORNIA, A DIVISION OF RH MACY' S INC . NOV 19 1987 c/o Daniel M. Crawford, Esq. BUCHANAN FIELD ATTORNEY: Carroll, Burdick & McDonough Martinez, CA 94553 One Ecker Bldg. #400 Date received ADDRESS: San Francisco, CA 94105 BY DELIVERY TO CLERK ON November 17 , 1987 CC BY MAIL POSTMARKED: November 12 , 1987 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. November 19 , 1987 ppHHIL BATCHELOR, Clerk DATED: BY: Deputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (X This claim complies substantially with Sections 910 and 910.2. (/ )� This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and Send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: d1w 42(Z Z&2- BY: Aenlol Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present AS/'P/»QVOEfS f�) This Claim"is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: DEC 15 1987 PHIL BATCHELOR, Clerk, By 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:, DEC 211987 BY: PHIL BATCHELOR by 001, puty Clerk :C: County Counsel County Administrator ROLL, BURDICK & MCDONOUGH COUNSELORS AND ATTORNEYS AT LAW SAN FRANCISCO OFFICE: ••• 1676 N.CALIFORNIA BLVD.,SUITE 620 ONE ECKER BUILDING,SUITE 400 NOV 17 ,9e� WALNUT CREEK, CALIFORNIA 94596 ECKERS SSAN FRANCISCCO,O,CCALIF STREETS ALIFORNIA 94105 TELEPHONE(415) 945-8579 (415)495-0500 P 0 TELEX ADDRESS:CARBUR SFO ey A SV�QA TELEX NUMBER: 172450 November 11, 1987 County Counsel Victor J. Westman, Esq. County Counsel NOV 13 1987 Maryanne McNeff, Esq. Martinez, CA 94553 Deputy County Counsel P.O. Box 69 Martinez, CA 94553 Re: Claims against County of Contra Costa, Buchannon Field, and Consolidated Fire Control District arising out of Sunvalley Mall Airplane Crash Dear Mr. Westman and Ms. McNeff: We are in receipt of your Notice of Insufficiency and/or Nonacceptance of Claim. Your Notice of Insufficiency states that the claim filed with the above agencies fails to state the date of the occurrence or transaction which gave rise to the claim asserted, and further asks that we provide a copy of the proof of service of the underlying Complaint. With regard to the first alleged deficiency in the claim, we draw your attention to paragraph 1 of the claims filed. In that paragraph of each claim, we state that the aircraft accident occurred on December 23, 1985 and that Macy' s California, a division of R.H. Macy's, Inc. , was first notified of the claims being raised in the master consolidated Complaint on or about July 21, 1987. Please let us know if you require further information in this regard. With regard to your request for a copy of the proof of service on the underlying Complaint, we enclose a copy of the cover letter from Coddington, Hicks & Danforth which constituted our first notice of the Master Consolidated Complaint. As indicated by the stamp in the upper right hand corner, we first received the Master Complaint on July 21, 1987. Although Macy' s California was never formally served with the Complaint, we have appeared on and demurred to the Master Consolidated Complaint pursuant to court order. We trust the above information adequately addresses the alleged insufficiencies of our claim. If not, please feel free to call as we are happy to provide whatever additional CARROLL. BURDICK & M9DONOUGH Victor J. Westman, Esq. November 11, 1987 Page 2 information you deem necessary for proper processing of our claims. We thank you for your courtesies and attention. Very truly yours, CARROLL, BUR CK & MCDONO H P e McGaw PWM/cr Encl . crW2 \Westman . 1et \ pwm CODDINOTON, HICKS & DANFORTH A PROFESSIONAL CORPORATION I. LAWYERS 3000 SAND HILL ROAD --- BUILDING 1. SUITE 185 CLINTON H. CODDINGTON MENTA PARK. CALIFORNIA 94025 RANDOLPH S. HICKS (415) 854.8600 LEE J.DANFORTH DAVID M. KING _ EDWARD A.HEINLEIN OF COUNSEL STEVAN J. HENRIOULLE WILLIAM G.TUCKER DAVID W,WESSEL July 15, 1987 Peter W. McGaw, Esq. Carroll, Burdick do McDonough One Ecker Building, Suite 400 San Francisco, California 94105 Re: Sunvalley Mall Air Disaster Dear Mr. McGaw: In furtherance of our telephone conversation of July 13, 1987, we enclose herewith copies of the following documents: 1. First Preliminary Trial Conference Order; 2. Revised Proposed Case Management Order; 3. Plaintiffs' Master Complaint; 4. Our Demurrer to the complaint by Gary Lodge. From a review of these documents, it is apparent that your name has been left off the service lists because you were not in attendance at theirst pre- is con erence- WRas from a roU call at that conference that the groups were designated and liason counsel were appointed as memorialized in the first preliminary trial conference order. As we discussed, the Stern's office is preparing the order from the Second Preliminary Trial Conference held on June 26, 1987. May I suggest that you call Mr. Collins and ask for a copy of that order as soon as it is prepared. Please assure Mr. Crawford that Mr. Coddington looks forward to discussing with him the defense and indemnity issues which Mr. Crawford has raised. Mr. Coddington has suggested that he and Mr. Crawford meet at their mutual convenience to discuss this matter in more detail. Please ask Mr. Crawford to call Bud upon his return to your offices. Very truly yours, Lee J.'Danforth LJD:eo Encls. ,:x AMENDED �•�� r CLAIM BOAsD OF SUPERVISORS.OF CONTRA COSTA COUNTY CALIFORNIA AS EX-OFFICIO AS THE GOVERNING BOARD OF THE CONSOLIDATED FIRE DISTRIGT Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 15 , 1987 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 note all •Warlri-9Mn't% CG--ins31 CLAIMANT: MACY' S CALIFORNIA, A DIVISION OF RH MACY' S INC. c/o Daniel 11. Crawford, Esq. NOV 19 1987 ATTORNEY: Carroll, Burdick & McConough One Ecker Bldg. #400 Date received (fartli-,nn, CA 945503 ADDRESS: San Francisco, CA 94105 BY DELIVERY TO CLERK ON November 17 , 1987 CC BY MAIL POSTMARKED: November 12 , 1987 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a 4opy of the above-noted claim. November 19 , 1987 PpHHIL BATCHELOR, Clerk , C��/CC DATED: BY: Deputy L. Hall 11, FROM: County Counsel TO: Clerk of the Board of Supervisors { �Y 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: �If, a(, A/9;9 BY: d� ;�2tDeputy County Counsel Ill. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) I; ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. (; ) Other: 1 certify that this is a true and correct copy of the Board' Order entered in its minutes for this date. Dated: DEC 15 150 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 ieposit.ed 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 in 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 Jnited States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California. postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:- DEC 21 1987 BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator M � tA r ROLL, BURDICK & MCDONOUGH COUNSELORS AND ATTORNEYS AT LAW SAN FRANCISCO OFFICE: 1676 N.CALIFORNIA BLVD.,SUITE 620 ONE ECKER BUILDING.SUITE 400 ECKER&STEVENSON STREETS V i7 WALNUT CREEK, CALIFORNIA 94596 SAN FRANCISCO,CALIFORNIA 94105 TELEPHONE(415) 945-8579 (415)495-OSOO C1P O TELEX ADDRESS:CARBUR SFO BY Q III ' SOPONovember 11, 1987 R TELEX NUMBER: 172450 -- � RS Count} Ccunse! Victor J. Westman, Esq. 1987 County Counsel NOV 1 '3 Maryanne McNeff, Esq. Martinez, CA 94553 Deputy County Counsel P.O. Box 69 Martinez, CA 94553 Re: Claims against County of Contra Costa, Buchannon Field, and Consolidated Fire Control District arising out of Sunvalley Mall Airplane Crash Dear Mr. Westman and Ms. McNeff: We are in receipt of your Notice of Insufficiency and/or Nonacceptance of Claim. Your Notice of Insufficiency states that the claim filed with the above agencies fails to state the date of the occurrence or transaction which gave rise to the claim asserted, and further asks that we provide a copy of the proof of service of the underlying Complaint. With regard to the first alleged deficiency in the claim, we draw your attention to paragraph 1 of the claims filed. In that paragraph of each claim, we state that the aircraft accident occurred on December 23, 1985 and that Macy' s California, a division of R.H. Macy' s, Inc. , was first notified of the claims being raised in the master consolidated Complaint on or about July 21, 1987. Please let us know if you require further information in this regard. With regard to your request for a copy of the proof of service on the underlying Complaint, we enclose a copy of the cover letter from Coddington, Hicks & Danforth which constituted our first notice of the Master Consolidated Complaint. As indicated by the stamp in the upper right hand corner, we first received the Master Complaint on July 21, 1987. Although Macy' s California was never formally served with the Complaint, we have appeared on and demurred to the Master Consolidated Complaint pursuant to court order. We trust the above information adequately addresses the alleged insufficiencies of our claim. If not, please feel free to call as we are happy to provide whatever additional CARROLL. BURDICK & MCDONOUGH Victor J. Westman, Esq. November 11, 1987 Page 2 information you deem necessary for proper processing of our claims. We thank you for your courtesies and attention. Very truly yours, CARROLL, BUR CK & MCDONO H P e McGaw PWM/cr Encl . crW2 \Westman . 1et \ pwm 2 :t CODDINOTON, HICHs & DANFORTH A PROFESSIONAL CORPORATION LAWYERS 3000 SAND HILL ROAD BUILDING I,SUITE I85 CLINTON H. COODINGTON MENTA PARK, CAL1FOENIA 94025 RANDOLPH S.HICKS (415) 854.8600 LEE J.DANFORTN DAVID M. KING EDWARD A.HEINLEIN OF COUNSEL STEVAN J.HENRIOULLE WILLIAM G.TUCKER DAVID W.WESSEL ' July 15, 1987 Peter W. McGaw, Esq. Carroll, Burdick & McDonough One Ecker Building, Suite 400 San Francisco, California 94105 Re: Sunvalley Mall Air Disaster Dear Mr. McGaw: In furtherance of our telephone conversation of July 13, 1987, we enclose herewith copies of the following documents: 1. First Preliminary Trial Conference Order; 2. Revised Proposed Case Management Order; 3. Plaintiffs' Master Complaint; 4. Our Demurrer to the complaint by Gary Lodge. From a review of these documents, it is a anent that your name has been left off the service lists because you were not in attendance at the irst pre- is con erence. Tt-w1ks rod m ro^call at that conference that the groups were designated and liason counsel were appointed as memorialized in the first preliminary trial conference order. As we discussed, the Stern's office is preparing the order from the Second Preliminary Trial Conference held on June 26, 1987. May I suggest that you call Mr. Collins and ask for a copy of that order as soon as it is prepared. Please assure Mr. Crawford that Mr. Coddington looks forward to discussing with him the defense and indemnity issues which Mr. Crawford has raised. Mr. Coddington has suggested that he and Mr. Crawford meet at their mutual convenience to discuss this matter in more detail. Please ask Mr. Crawford to call Bud upon his return to your offices. Very truly yours, Lee J. Danforth LJD:eo Encls. ,t AMENDED CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 15 , 1987 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 note all COL CLAIMANT: JAMES P. SHIELDS cG UU�� 1987 C/o Thomas G . Beatty, Esq. DEC O � ATTORNEY: McNamara, Houston, Dodge, McClure & Ney A 94553 1211 Newell Ave. #202 Date received Martinez, C ADDRESS: Walnut Creek, CA 94596 BY DELIVERY TO CLERK ON November 23 , 1987 BY MAIL POSTMARKED: November 19 , 1987 _ P 772 330 207 I. FROM: Clerk of the-Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: December 4, 1987 ppH IL BATCHELOR, Clerk BY: 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: IVA Y� BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (X) This Claim is rejected in full . (� �) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: D E C 15 1987 PHIL BATCHELOR, Clerk, By a, , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. DEC 21 1987 Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator THOMAS G. BEA TTY ESQ. ' McNAMARA, HOUSTON, DODGE, MCCLURE & NEY 1211 Newell Avenue, Suite 202 DECEIVED Walnut Creek, CA 94596 ( 415 ) 939-5330 Nnv k$ i987 Attorneys for Claimant At oa JAMES P. SHIELDS By FIRST AMENDED CLAIM AGAINST THE CITY OF CONCORD, COUNTY OF CONTRA COSTA, and STATE OF CALIFORNIA PURSUANT TO GOVERNMENT CODE SECTION 910 , ET SEQ. TO: THE CLERK OF THE CITY OF CONCORD 1950 Parkside Drive Concord, CA 94519 THE CLERK OF THE STATE OF CALIFORNIA ATTORNEY GENERAL' S OFFICE 350 McAllister Street, Room 6000 San Francisco, CA 94102 THE CLERK OF THE COUNTY OF CONTRA COSTA County Administration Building 651 Pine Street, Room 103 Martinez , CA 94553 The following claim for equitable indemnity only is made hereby on behalf of James P. Shields against the City of Concord, State of California, County of Contra Costa, solely as a conse- quence of this claimant being named as defendant by plaintiff Glen A. Hamersley in Contra Costa County Superior Court, civil action number 306859 . A. NAME AND POST OFFICE ADDRESS OF CLAIMANT: ` James P. Shields (� 1215 Amador Vista, CA 92.083 ( 614) 724-3749 0 B. ADDRESS TO WHICH NOTICES ARE TO BE SENT: r Thomas G. Beatty, Esq. McNAMARA, HOUSTON, DODGE, McCLURE & NEY 1211 Newell Avenue, Suite 202 Walnut Creek, CA 94596 ( 415 ) 939-5330 C. DATE, PLACE AND CIRCUMSTANCES WHICH GIVE RISE TO THIS CLAIM: At approximately 2 : 45 p.m. on May 22, 1987 , James P. Shields was involved in an automobile accident with Glen A. Hamersley on Market Street near Clayton Road in the City of Concord. Plaintiff Glen A. Hamersley has named the following public entity defen- dants: 1) City of Concord, 2 ) State of California, and 3 ) County of Contra Costa. To the extent any entity is partially liable, defendant and claimant Shields seeks indemnification as set forth in the attached cross-complaint also prepared this date. D. DESCRIPTION OF THE LOSS INCURRED: This is an indemnity claim only. The complaint of plaintiff Hamersley is attached to the cross-complaint of Shields attached hereto. E. TIMELINESS OF THIS CLAIM: This claim complies with the time requirement of Government Code Section 910 which provides in pertinent part: -2- . The date upon which a cause of action for equitable indemnity or partial equitable indemnity accrues shall be the date upon which defendant is served with a complaint giving rise to the defen- dant' s claim for equitable indemnity or partial equitable indemnity against a public entity. Defendant James P. Shields was served with Summons and Com- plaint on or about October 21, 1987 , summons having been issued by the court on October 7, 1987 . This claim is thus filed within 100 days of the date of service. F. EMPLOYEES CAUSING INJURIES AND DAMAGES: At the present time, claimant does not know the names of the agents, servants and/or employees of the governmental entity who contributed to said loss, if any. G. AMOUNT CLAIMED: The amount claimed is that amount that a jury would award, if any, in accordance with the proof . Dated: November 19, 1987 Respectfully submitted, MCNAMARA, HOUSTON, DIODGE, MCCLURE & NEY By: HOMAS G. BE TY, Esq. Attorney fo �laimant -3- This will acknowledge receipt of the above claim on the day of November, 1987 . CITY OF CONCORD CLERK' S OFFICE By: Title: This will acknowledge receipt of the above claim on the day of November , 1987 . STATE OF CALIFORNIA CLERK' S OFFICE By: Title: This will acknowledge receipt of the above claim on the day of November, 1987 . COUNTY OF CONTRA COSTA CLERK' S OFFICE By: Title: Claim Mailed by Certified Mail November 19 , 1987 -4- 1 THOMAS G. BEATTY, ESQ. McNAMARA, HOUSTON, DODGE, Mc�LURE & NEY 2 1211 Newell Avenue, Suite 202 Walnut Creek, CA 94596 3 Telephone: ( 415) 939-5330 4 Attorneys for Cross-complainant JAMES 2. SHIELDS 5 6 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF CONTRA COSTA 10 11 GLEN A. HAMERSLEY, ) No. 306859 ) 12 Plaintiff , ) CROSS-COMPLAINT FOR 13 vs. ).. INDEMNIFICATION OR PARTIAL INDEMNIFICATION 14 STATE OF CALIFORNIA, a public ) entity; et al. ) 15 ) Defendants. ) 16 ) JAMES P. SHIELDS, ) 17 ) Cross-complainant, ) 16 ) VS. ) 10 } STATE OF CALIFORNIA, a public ) 20 entity, COUNTY OF CONTRA COSTA, ) a political subdivision of the } 21 State of California, CITY OF ) CONCORD, a municipal corporation) 22 and Roes 1 through 30 , inclusive) ) 23 Cross-defendants. ) 24 COMES NOW Cross-complainant JAMES P. SHIELDS , and for the 25 first cause of action against cross-defendants , and each of 26 them, allege: 27 28 CNAMARA.Housmx, DGE.MC URE&NEY ATTORNEYS AT LAW NEWELL AVE.SURE 202 P.C.8,0X 5288 i LNUT CREEK.CA.V45Ya 1 1. Cross-complainant hereby refers to and incorporates 2 herein by this reference, without admitting any of the allega- 3 tions thereof , a Complaint filed in this matter by plaintiffs, a 4 true and correct copy of which is attached to this cross-com- 5 plaint marked Exhibit "A" and incorporated herein by this refer- 6 ence. 7 2 . The true names and capacities whether individual, 8 corporate, associate, or otherwise known as Roes 1 through 30 , 9 inclusive, and each of them, are unknown to cross-complainant 10 at this time, who therefore sues said cross-defendants by such 11 fictitious names. Cross-complainant will amend this cross- 12 complaint to show the true names and capacities of said cross- 13 defendants when the same shall be. ascertained. Cross-complain- 14 ant is informed and believes and thereon alleges that each of 15 the cross-defendants designated herein as 'Roes 1 through 30 are 16 responsible in some manner for the events and happenings re- 17 ferred to and are obligated to defend and indemnify cross-com- 18 plainant. 19 3. At all times mentioned herein, each of the cross-defen- 20 dants were the agent, servant or employee of each of the other 21 cross-defendants, and in doing the acts hereinafter alleged was 22 acting within the course and scope of that agency, employment, 23 or representation, with the knowledge, consent and approval of 24 each of the other cross-defendants. 25 4. if liability is imposed on cross-complainant as a 26 result of the matters alleged in the pleadings in this action, 27 such liability could only be derivative from or concurrent with 28 the acts of cross-defendants, and each of them. ICTIAMARA,HOUSTOI;, )DGE.MCCI.URE&ICES' . ATTORNEYS AT LAW NEWELL AVE..SUITE 202 — — P.O.Bo%Sala 1LMUT CREEK.CA 04596 1 S. If liability is imposed on cross-complainant as a 2 result of the matters alleged in the pleadings in this action, 3 cross-defendants have an equitable and legal duty to indemnify 4. cross-complainant for such liability, either in entirety or in 5 proportion to the relative degree of fault on the part of each 6 party herein. 7 6 . An actual controversy exists between cross-complainant 8 and cross-defendants under the circumstances above alleged, in 9 that cross-complainant is informed and believes and thereon 10 alleges that cross-defendants , and each of them, deny such 11 liability. 12 WHEREFORE, cross-complainant prays for damages against 13 cross-defendants, and each of. them as follows: 14 A. For a declaration of the rights of cross-complainant 15 to total or partial indemnification from the cross-defendants 16 and each of them in regard to the matters alleged in the plead- 17 ings in this action; 18 B. For declaratory judgment adjudicating the obligation of 19 cross-defendants , and each of them, to defend cross-complainant 20 in this action, to represent the interest of cross-complainant 21 herein, to hold cross-complainant harmless for any judgment or 22 settlement, either in entirety or in procto-tion to relative 23 fault, to reimburse cross-complainant for all costs, expenses, 24 legal fees , and other damages incurred in defending this action; 25 and 26 27 28 .CNAMARA..SOUSTOT, IDGE.MCC LURE 6L Nry A77OpNErS AT LAW NEWELL AVC.SURE 202 -3- P.O.IBOX 5286 LNUT CHEEK,CA.DA596 1 C. For such other and further relief as the Court may deem 2 just and proper. 3 4 Dated: November 17 , 1987 5 McNAMA H \ O DODGE, McCLURE & NEY J6 ^ 7 - Oi�AS BEATTY 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 lcN.L ARA.BousTox, )DGE.MCC LURE&NET ATTORFIEVS AT LAW G NEWELL AVE.SUITE 202 P.O.IBD%32SB UNLIT C MEK.CA.YISO! 7nwE`�T on oANTv wnl.t041 AT•rOMNE.Y 1 (.w...� 53 TFI.Eh `:J!' 'ice:iioilf.l"NSJ:OPtLT. . AiY OFF2= OF STANLEY J:' E (415) 391-3700 cti - Professional Corporation wo Transamerica Center, 505 Sansome Street, 18th Floor (} an-Franciscor California 94M U jj prnKffrFDrtrrAMEY Plaintiff ll ert narne of court,(mcaal otsirct or arancri coerrt.K 1, 1 any,and post anote and street adores T • R 1987 'UPERIOR COURT OF CALIFORNIA - 'OUh'T5' OF CONTRA COSTA J0R OLSSON Count Clerk :antra Costa County Courthouse, P.O. Boz 911 9y COSTA C�urrry lartinez, California 94553 K zarrr rte, .AINTIFF: ILEN A. HAMEE RSLEY Er•ENDNNT. STATE OF CALIFORNIA, a public entity; COUNTY OF CONTRA COSTA, a political subdivision of the State of California; CITY OF CONCORD, a municipal corporation; JAMS P. SHIELDS; . DOES 1 TO CASE NUMBER: .'DMPLA[NT-Persona! Injury, Property Damage, Wrongful Death 7-'�tuDTOR VEHICLE -ZOTHER(specfW: Premises Liability =3Properiy Damage n Wrongful Death Personal injury n Other Damages.(spet:f(y): 1. This pleading. including attachments and exhibt-S. consists of the following number of pages:SiX 2.. a. Each plaintiff named above is a competent adult r 1J Except plaintiff(name): Ma corporation aualified.to do business in Calitornia an unincorporated entity(Vescribe): =a public entity(describe): 7-1 a minor r ,an adult ID, whom a guardian or conservator of the estate or a guardianad litem has been appointed other(spezily): . other(specify): . Except plaintiff(name): )_-la corporation qualified to do business in California Man unincorporated entity(aescribe). L-la public entity(describe): =)a minor 71 an adult M for whom a guardian or conservator of the estate or a guardian ad them has been appointed M other(specify). M other(specJiy): b. Q Plaintiff(name): is doing business under the fictitious name of(specify): and has complied with the fictitious business name taws c. r] inlormation about at:dtttorial plaintiffs who are not competent adults is shown in Complains- EMU Attacnment 2c. (Continued) ChFi1D Porn Aooro.ro or 1ne - - "'kRIDl d1NT—personal tniury. Property Damage, Olt mDRT TrrLE: _ .-:_ _ --_ - - CASE"LOA&FA HA .SLEY a: SOC, et al. . COMPLAINT—Personal injury.Prgpefty carnage.Wrongful Death � Part owe 3. a. Each defendant named above is a natural person Except defendant(name): - 01 Except defendant(name): STATE OF CALZFORtT1A ="– :COUT%'TY OF CONTRA COSTAE --_ Q a business organization,form unknown Qa business organization, farm unknown Q a corporation Ma corporatron Q an unincorporated entity(describet: QJ an unincorporated entity(describe): ' LT a public entity(describe): ®a public entity(describe)politi Cal subdivi s? Of the State of California Qj other(specify): Q other(specify): Except defendant(name): Q Except defendant(name): CITY OF CONCORD . Q a business organization, form unknown Qj a business organization, form unknown �j a corporation Qa corporation Q an unincorporated entity(describeJ: Qi an unincorporated entity(describe): �j a public entity(describe): _]a public entity(describe): municipal corporation Q other(specify): Q other(specify): b. The true names and capacities of defendants sued as Does are unknown to plaintiff. c. Q information about additional defendants who are not natural persons is contained in Complaint— Attachment 3a. ti. Q Defendants who are joined pursuant to Code of Civil Procedure section 3B2 are(names): A. n Plaintiff is repuired to comply with a claims statute,and 2 plaintiff has complied with applicable claims statutes,or a.Q plaintiff is excused from complying because(specify): i S. This court is the proper court because Q at least one detenoant rtaw resides in its jurisdictional area Q the principal place of business of a corporation or unincorporated assovation is in its jurisdictional area. iniury to person or damage to personal property occurred in its jurisdictional area. Q other(specify)- 6. Q The following paragraphs of this complaint are alleged on information and belief(saecffy.paragraph numbers): i - (Continued) Nge two :_ �.. . . . iNORTTtTLf . .. CASE WONSM HAMERSI= V. SDC, at al. , COMPLAINT—Personal Injurer,Property Damage,Wrongful Death(Centtnued) Pair w Z, [] The damages claimed for wrongful death and the relationships of plaintiff to the deceased are �]listed in Complafi4--AttachMant7 =)&a follows: s: 8. Plaintiff has suffered M wage loss D loss of use of property hospital and medical expenses general damage �]property damage toss of earning capacity j—I other damage(apsciw.. S. Relief sought in this complaint is within the jurisdiction of this court. 10. -PLAINTIFF PRAYS For judgment for costs of sut„for such relief as is fair,just,and equitable;and for compensatory damaoes (Superior Court)according to proof. D(Municipal and Justice Court)in the amount of S D other(spe0k): 11, The following causes of action are attached and the statements above apply to each: (Each complaint must have arte or more causes of action atraehad.) VM Motor Vehicle General Nephoence 7-1 Intentional Tort A j7 Products Liability P7-1 Premises Liability M Other(speclty): "^A2vL?Y J. BELL • {TYx ew Dryni Fume)• _ (Sq gun at Pr n of sitorn►Yj. A !/ HC�RTTtTL� �� - �'-� c►s LASEMIMraER: HAMERSL "Y v. SOC, et al. , FIRST CAUSE OF.ACTION-Premises Liability. Pa.. Four ATTACHMERTTO =Complaint M]Croas-Complaint (Use a separate cause of action form for oath cause of action.) .Prom11. Plaintiff(named GLE1Q A. HAi�RSLEY alleges the acts of defendants were the legal(proximate)cause of damages to plaintill. On (date): May 22, 1987 plaintiff was injured on the following premises In the following fashion(description of promises and circumstances of injury): at the intersection of Market Street and Clayton Road in the City of Concord, County of Contra Costa, State of California: See Attachment to Premises Liability L-1. ?rem L-2 Count One—Negligence The defendants who negligently owned, maintained, managed and operated the be cribed.premises were((n�BMW.' S'STAT£ OF CALIFORNIA; . COUNTY OF CONTRA . COSTA; CITY OF CONCORD; Does 1 25 Prem.L-3. 7_1 Count Two—Wllifuf Failure to Warn (Civil Code section 646) The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use,structure, or activity were (names): C]Does to Plaintiff,a recreational user,was 7"lan invited guest 71a paying guest Prerr..L-4. Count Three—Dangerous Condition of Public Property The dotendants who owned public property on which a dangerous condition existed were(names): STATE OF CALIFORNIA; . COUNTY OF CONTRA COSTA; CITY OF CONCORD; Does 1 to 25 a. =)The detendant public entity had M)actual M)constructive notice of the existence-of the . dangerous condition In aut5eient time prior to the injury to have corrected IL b. 77 The condition was created by employees of the defendant public entity. Prem.L-5. a Alicgations about Other Defendants The detendants who were the agents and employees of the other defendants and acted within the=ope of the agency were(names): �)Does l to 25 b. The defendants who are liable to plaintiffs for other reasons and the reasons for.tbeirgiawlity are i'ldescribed in attachment Prom.L•5.b les totio !names 1c1nL12. 1SS 1nf Ormetl and bezzeves, and rnereon al':�ges "n3',at �ach of -the fictitiously named defendants, DOES 1 to 25, is negligently responsible in some ' manner for the occurrences herein alleged, and plaintiff ' s damages, as heroin alleged , were prorimatelw causee bt' their conduct. Form ADOro.v,O by fns JUD)Zal Council of;,�lrtprni, xAMMt o v, SDC, et al. ,, Page Five ATTAINT TO PREMISES L•IABZL= 1_1 That at' said time ' and place,, ' as aforesaid, defendants, and each of . them, negligently and carelessly controlled, supervised,_,designed, constructed, altered, repaired, owned, maintained'?" operated and entrusted the aforementioned roadway and intersection so as to proximately cause and permit said roadway and intersection to be in a dangerous, defective and unsafe condition in that there were insufficient and inadequate signs, signals or other proper control devices, including a three-phase signal system at said roadway and intersection to direct the vehicle traffic flow - in a safe and proper manner; that in all respects the unsafe conditions as stated above constituted a trap for persons and vehicles at said -roadway and intersection and further in that they allowed it to be confusing to persons and vehicles using said roadway and intersection, thereby creating a reasonably foreseeable and substantial risk of injury to persons using said roadway and intersection; that said defendants,. and each of them; were further negligent and careless in that they knew, or in the exercise or ordinary care should have known, of the dangerous condition of said roadway and intersection and the. .risk -of injury created 'by same, and failed to remedy :said. conditions., • having• a reasonable opportunity to do so; that as a direct- and . prosimate result of the negligence and carelessness of defendants; and each of them, as aforesaid, and as • a further direct and proximate result of the dangerous and defective condition of public property, as aforesaid, while plaintiff was riding his motorcycle on Market Street, a vehicle operated by James P. Shields made a left turn in front of plaintiff, causing plaintiff to come into contact with said vehicle, and further causing plaintiff to sustain severe personal injuries. ----------------- SHDRT11TLE: - - } - �P GSEwWaER: - HAMERSLZY v--SDC,, et .0.. o, SECOND ' . CAUSE OF ACTION—Motor Vehicle page six ATrACHMENTTo r2complaint Dcross-complaint (Use a separate cause of action form for each cause-of action.) Plaintiff(name): p A. HAMERSI+EY MV-1. Plaintiff alleges the acts of defendants were negligent; the acts were the legal (proximate) cause of injuries and damages to plaintiff;the acts occurred an(date): May 22, 19B7 at(place): intersection of market Street and Clayton Road City of Concord, County of Contra Costa, State of California M1 2. DEFENDANTS a. The defendants who operated a motor vehicle are(names): JAbES P. SHIELDS; M Does 2 E to b. 77 The defendants who employed the persons who operated a motor vehicle in the course of their employment are(names).. JAMS P. SHIELDS; Does to c. 177 The defendants who owned the motor vehicle which was operated with their permission are(names): JAMES P. SHIELDS; 1Does ?F to d. 17.7 The defendants who entrusted the motor vehicle are(names): JAPES P. SHIELDS; ®Does_ 9 to IF e. Q The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names): - JAMS P. SHIELDS; Does 7_to t. 77 The defendants who are liable to plaintifts for other reasons and the reasons for the liability are listed in Attachment MV-2f 11)as follows: Plaintiff is informed and believes, and thereon alleges that each of the fictitiously named defendants, DOES 26 to 35, is negligently responsible in some manner for the occurrences herein alleged, and plaintiff ' s damages, as herein alleged, were proximately caused by their conduct. �1 Does 26 to 5 f CVm Aboro.ec or/n! Juorc,at Gouncii of ratitorma En.�,............. i JOB; R '-.w• ,q. _ �l Y �`-4a V� 1a�R - 'M-' .. .. +�__'_f.. _ „ '.4a4•_ _ - PROOF OF SERVICE BY MAIL' (C_C.P_ SS 1013a, 2015_5)+ 2 I hereby declare under penalty of perjury that I an 3 a citizen of .the United. States, am over the age of eighteen... .. _ -' 4: _ years and .riot==-;party--Eo. the'r within .action; my..business_address ' -' 5 is 1211 Newell Avenue,-: Suite- 202,' Walnut Creek, CA .94595� - 6 On this date I served CROSS-COMPLAINT FOR INDEMNITY 7 6 on the parties in said action, by placing a true copy thereof 9 enclosed in a sealed envelope with postage thereon fully prepaid, 10 in the United States Post Office mail box at Walnut Creek, 11 California, addressed as follows: 12 13 Law Offices of Stanley Bell ., 5C5 Sansome Street; 18th .flooM`01 14 San Francisco., CA 94111 15 16 . 17 - 1B 19 20 21 _ -• 22 23 24 25 26 27 Executed on November 1987 at Walntt° Creek, 28 California. T'OgNEYli AT LAW WELL Avt..SL17TL= P.O.60x 5286 Suzanne Negnerhon MCNAMARA, HOUSTON, DODGE, McCLURE & NEY 1211 Newell Avenue, Suite 202 Walnut Creek, CA. 94596 Attorneys for ClaimantY JAMES P. SHIELDS D 0198% r CLAIM AGAINST THE CITY OF CONCORD, Hwy COUNTY OF CONTRA COSTA, and STATE OF CALIFORNIA PURSUANT TO GOVERNMENT CODE SECTION 910 , ET SEO. TO: THE CLERK OF THE CITY OF CONCORD 1950 Parkside Drive Concord, CA 94519 THE CLERK OF THE STATE OF CALIFORNIA ATTORNEY GENERAL' S OFFICE 350 McAllister Street, Room 6000 San Francisco, CA 94102 THE CLERK OF THE COUNTY OF CONTRA COSTA County Administration Building 651 Pine Street, Room 103 Martinez, CA 94553 The following claim for equitable indemnity only is made hereby on behalf of James P. Shields against the City of Concord, State of California, County of Contra Costa, solely as a conse- quence of this claimant being named as defendant by plaintiff Glen A. Hamersley in Contra Costa County Superior Court, civil action . number 306859 . A. NAME AND POST OFFICE ADDRESS OF CLAIMANT: James P. Shields 1215 Amador Vista, CA 92083 B. ADDRESS TO WHICH NOTICES ARE TO BE SENT: Thomas G. Beatty, Esq. McNAMARA, HOUSTON, DODGE, McCLURE & NEY 1211 Newell Avenue, Suite 202 Walnut Creek, CA 94596 C. DATE, PLACE AND CIRCUMSTANCES WHICH GIVE RISE TO THIS CLAIM: At approximately 2: 45 p.m. on May 22, 1987 , James P. Shields was involved in an automobile accident with Glen A. Hamersley on Market Street near Clayton Road in the City of Concord. Plaintiff Glen A. Hamersley has named the following public entity defen- dants: 1 ) City of Concord, 2 ) State of California, and 3 ) County of Contra Costa. To the extent any entity is partially liable, defendant and claimant Shields seeks indemnification as set forth in the attached cross-complaint also prepared this date. D. DESCRIPTION OF THE LOSS INCURRED: This is an indemnity claim only. The complaint of plaintiff Hamersley is attached to the cross-complaint of Shields attached hereto. E. TIMELINESS OF THIS CLAIM: This claim complies with the time requirement of Government Code Section 910 which provides in pertinent part: -2- . The date upon which a cause of action for equitable indemnity or partial equitable indemnity accrues shall be the date upon which defendant is served with a complaint giving rise to the defen- dant' s claim for equitable indemnity or partial equitable indemnity against a public entity. F. EMPLOYEES CAUSING INJURIES AND DAMAGES: At the present time, claimant does not know the names of the agents , servants and/or employees of the governmental entity who contributed to said loss, if any. G. AMOUNT CLAIMED: The amount claimed is that amount that a jury would award, if any, in accordance with the proof. Dated: November 17, 1987 Respectfully submitted, McNAMARA, HOUSTON, ODGE, McCLURE & NEY By: THOMA G. FATTY, Esq. Attorney fo Claimant This will acknowledge rec ' t of the above claim on the day of November, 1987 . CITY OF CONCORD CLERK' S OFFICE By: Title: -3- This will acknowledge receipt of the above claim on the day of November, 1987 . STATE OF CALIFORNIA CLERK'S OFFICE By: Title: This will acknowledge receipt of the above claim on the day of November, 1987 . COUNTY OF CONTRA COSTA CLERK' S OFFICE By: Title: Claim Mailed by Certified Mail November 17 , 1987 -4- 1 THOMAS G. BEA TTY ESQ. McNAMARA, HOUSTON, DODGE, McCLURE & NEY 2 1211 Newell Avenue, Suite 202 Walnut Creek, CA 94596 3 Telephone: ( 415 ) 939-5330 4 Attorneys for Cross-complainant JAMES P. SHIELDS 5 6 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF CONTRA COSTA 10 11 GLEN A. HAMERSLEY, ) No. 306859 12 Plaintiff, ) CROSS-COMPLAINT FOR 13 vs. ) INDEMNIFICATION OR PARTIAL INDEMNIFICATION _ _ _ .. _.. 14 STATE OF CALIFORNIA, a public ) entity; et al. ) 15 ) Defendants. ) 16 ) JAMES P. SHIELDS, ) 17 ) Cross-complainant, ) 18 ) VS. ) 19 ) STATE OF CALIFORNIA, a public ) 20 entity, COUNTY OF CONTRA COSTA, ) a political subdivision of the ) 21 State of California, CITY OF ) CONCORD, a municipal corporation) 22 and Roes 1 through 30 , inclusive) 23 Cross-defendants. ) 24 COMES NOW Cross-complainant JAMES P. SHIELDS, and for the 25 first cause of action against cross-defendants, and each of 26 them, allege: 27 28 1cNA"t..HOUMN', :)MF-MC(ZURE&NEY ATTORNEYS AT LAW 0 NEWELL AVE..SOME 202 P.O.box 8288 ALNUT CREEK.CA.8A888 1 1. Cross-complainant hereby refers to and incorporates 2 herein by this reference, without admitting any of the allega- 3 tions thereof, a Complaint filed in this matter by plaintiffs, a 4 true and correct copy of which is attached to this cross-com- 5 plaint marked Exhibit "A" and incorporated herein by this refer- 6 ence. 7 2. The true names and capacities whether individual, B corporate, associate, or otherwise known as Roes 1 through 30 , 9 inclusive, and each of them, are unknown to cross-complainant 10 at this time, who therefore sues said cross-defendants by such 11 fictitious names. Cross-complainant will amend this cross- 12 complaint to show the true names and capacities of said cross- 13 defendants when the same shall be ascertained. 'Cross-complain- 14 ant is informed and believes and thereon alleges that each of 15 the cross-defendants designated herein as 'Roes 1 through 30 are 16 responsible in some manner for the events and happenings re- 17 ferred to and are obligated to defend and indemnify cross-com- 18 plainant. 19 3 . At all times mentioned herein, each of the cross-defen- 20 dants were the agent, servant or employee of each of the other 21 cross-defendants , and in doing the acts hereinafter alleged was 22 acting; within the course and scope of that agency, employment, 23 or representation, with the knowledge, consent and approval of 24 each of the other cross-defendants. 25 4. If liability is imposed on cross-complainant as a 26 result of the matters alleged in the pleadings in this action, 27 such liability could only be derivative from or concurrent with 28 the acts of cross-defendants, and each of them. ICNAmmm_HOUSTON, )DGE,MCCLUPE&NES ATTORNEYS AT LAW NEWELL AVE.SUITE 303 - - P.O,SO%S35S \LNUT CREEK.CA.YA590 i 1 5. If liability is imposed on cross-complainant as a 2 result of the matters alleged in the pleadings in this action, 3 cross-defendants have an equitable and legal duty to indemnify 4 cross-complainant for such liability, either in entirety or in. 5 proportion to the relative degree of fault on the part of each 6 party herein. 7 6 . An actual controversy exists between cross-complainant 8 and cross-defendants under the circumstances above alleged, in 9 that cross-complainant is informed and believes and thereon 10 alleges that cross-defendants, and each of them, deny such 11 liability. 12 WHEREFORE, cross-complainant prays for damages against 13 cross-defendants, and each of, them as follows: 14 A. For a declaration of the rights of cross-complainant 15 to total or partial indemnification from the cross-defendants 16 and each of them in regard to the matters alleged in the plead- 17 ings in this action; 18 B. For declaratory judgment adjudicating the obligation of 19 cross-defendants , and each of them, to defend cross-complainant 20 in this action, to represent the interest of cross-complainant 21 herein, to hold cross-complainant harmless for any judgment or 22 settlement, either in entirety or in proportion to relative 23 fault, to reimburse cross-complainant for all costs , expenses, 24 legal fees, and other damages incurred in defending this action; 25 and 26 27 28 ZNAMAR4.$ousm,%,, . DGE.MCCLME&NET ATTORNEYS AT LAW NEWELL AVE,.SUITE 202 - - P.O.BOX E2gB LNUT CREEK,CA.DA606 1 C. For such other and further relief as the Court may deem 2 just and proper. 3 4 Dated: November 17, 1987 5 McN H O DODGE, McCLURE & NEY 6 n 7 JVIOF4P.S BEATTY 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 • 24 25 26 27 28 ICNAMARA,HOUSTON, )DGE,MCQ.URE&NEY ATTORNEYS AT LAW ' NEWELL AVE,6UITE 202 -4- P.O.BOX 5288 \LNUT CREEK.CA.94390 caren ZORNEY on PAr/iv vm Floui AriopNE,Y imam[•AND Ao • r ): TELE *OR=URT USE ONLY. . LAW OFFICES OF STANLEY J. BELL (415) 391-3700 - A krofessional Corporation- Two Transamerica Center, 505 Sansome Street, 18th Floor O Sacs Francisco, California 94111 0 l"TopwEY'roR rNAME1 plaintiff . Itert nor"!of court.tuorcast dl=trict or branch MaL It any.and t"I office and street adore= : n r,T -- R 7967 .• SUPERIOR COURT OF CALIFORNIA •J COUNTY OF CONTRA COSTA 1•R. OLSSON, CpurttVy Clerk Contra Costa County Courthouse, P.O. Boz 911 CONTRA CO5TA CpV . Martinez, California .94553 C wrr, �eouty 'LAINTIFF: GLEN A. HAMERSLEY DEFENDANT. STATE OF CALIFORNIA, a public entity; COUNTY OF CONTRA COSTA, a political subdivision of the State of California; CITY OF CONCORD, a municipal corporation; JAMES P. SHIELDS; DOES t TO CASE NUMBER: COMPLAINT-Personal Injury, Property Damage, Wrongful Death 7NMOTOR VEHICLE C30THER(specily): Premises Liability _ li )_)Properly Damage M Wrongful Death J Personal injury .0 Other Damages(specify): 1. This pleading. including attachments and exhibits. consists of the following number of pages:Six 2. a. Each plaintiff named above is a competent 2tlutt D Except plaintiff(name): . []a corporation qualified to do business in California man unincorporated entity(describe): []a public entity(describe): 1`72 minor Ti an adult )� for whom a guardian or conservator of the estate or a guardian ad litern has been appointed other(sperify):. []other(specify): . D Except plaintiff(name): M corporation Qualified to do business in California Man unincorporated entity(describe): Da public entity(describe),- Ma describe):Da minor Man adult []for whom a guardian or conservator of the estate or a guardian ad(item has been appointed Q other(specify): M other(specify): b. )]Plaintiff(name): is doing business under the fictitious name of(specify)., i. and has complied with the fictitious business name laws C. D Information about acultrorial plaintiffs who are not Competent adults is shown in Complaint— Attachment 2c. (Continued) CC.hhllii DD tt Forty.•ooro.ea Dr ens atKT_-.Personal Injury. Properly Damage, AgJbL HAMERSLEY V. SOC,-.et al. , - COMPLAINT—Personal injury,Property Damage,Wrongful Death ►.y.,we 3. a. Each defendant named above is a natural person '4 Prl ® Except defendant(name): _ (J" Except defendant(name): STATE OF CALIFORNIA'-=' `-"- r= - COUNTY OF CONTRA COSTA :: Q a business organization.form unknown Qa business organization. farm unknown ` Q]a corporation jQ it corporatinn Q an unincorporated entity(describe): Q an unincorporated entity(describe): ' a public entity(describe): ®a public entity(descrbe)politiCal subdivisi of the State of California Q other(specify): "' Q other(specify): ` „ Except defendant(name): Q Except defendant(name): CITY OF CONCORD . a business organization. form unknown =a business organization. form unknown Q a corporation Ma corporation j�an unincorporated entity(describe): an unincorporated entity(oescrrbe): �j a public entity(describe): Q a public entity(describe): municipal corporation j� other(specify): Q other(specify). b. The true names and capacities of defendants sued as Does are unknown to plaintiff. c. Q information about additional defendants who are not natural persons is contained in Complaint— Attachment 3c. d. Q Defendants who are joined pursuant to Code of Civil Procedure section 362 are(names): A. "X) Plaintiff is required to comply with a claims statute. and a. Q plaintiff has complied with applicable claims statutes.or >a. Q plaintiff is excused from complying because(specify). 5. This court is the proper court because . Q at least one detencant now resides ' its jurisdictional area. Q the principal place of business of a corporation or unincorporated association is in its jurisdictional area. injury to person or damage to personal property occurred in its jurisdictional area Q other(specify;- The following paragraphs of this complaint are alleged on information and belief(specify paragraph numbers): i • 1 (Continued) Page,wo SHORT TITLE: t.AaE NUMBER: HAMERSLEY V. SDC, et al. , COMPLAINT—Personal injury,Property Damage,Wrongful Death(Continued) P"s V~ The damages claimed for wrongful death and the relationships of plaintiff to the deceased are n listed in Complaint-Attachment? Mas folbws: –: _� •fes.. &. Plaintiff has suffered ®wage loss []loss of use of property D)hospital and medical expenses Q general damage M property damage M-1 loss of earning capacity M other damage(specify): 9. Rebel sought in this complaint is within the jurisdiction of this court 10. PLAINTIFF PRAYS For judgment for costs of suis;for such relief as is fair.just,and equitable;and for compensatory damages (Superior Court)according to proof. 7](Municipal and Justice Court)in the amount of S _]other(specify): 11. The following causes of action are attached and the statements above apply to each:(Each complaint must have one or mare causes of action attached.) Motor Vehicle General Negligence j�Intentional Tort Products Liability �j Premises Liability [�Other(specify): CaA2rL£Y L BELL . - •(ryoe e«pant name). (Sp tura a pa'r or attorney). SHOf�T'ffT1E;-..- CASEwuwBER . ..,.tea.-.?7—.0.-: --.�...;.: . . .. .. HAMERSLEY v. -SOC, et al. , FIRST CAUSE OF.ACTION-Premises Llablllty. Pape Four fel . .. ATTACHMENTTO [DComplaint nCross-Complatnt (Use a separate cause of action loan for each cause of action.) Prem L 1. Plaintiff(name) GLEN A. HAMERSLEY alleges the acts of defendants were the legal(proximate)cause of damages to plaintiff. On (date): May 22, 1987 plaintiff was injured on the following premises In the following fashion(description of premises and circumstances of injury): at the intersection of Market Street and Clayton Road in the City of Concord, County of Contra Costa, State of California: See Attachment to Premises Liability L-1. Prem.L-2. M Count One—Negligence The defendants who negligently owned,maintained,managed and operated the de cribed premises were((names SSTATE OF TF8'0"R&IA; COUNTY .OF- CONTRA . COSTA,. CITY OF CONCORD; Does 1 to 25 Prem.L-3. Count Two—Willful Failure to Worn (Civil Code section 8461 The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were (names). Does to Plaintiff,a recreational user,was =]an invited guest Da paying guest Prem.1. 4. ® Count Three—Dangerous Condition of Public Property The dotendants who owned public property on which a dangerous condition existed were(names): STATE OF CALIFORNIA; . COUNTY OF CONTRA COSTA; CITY OF CONCORD; rM Does 1 to 25 a. ® The defendant public entity had actual )constructive notice of the existence of the . dangerous condition in sufficient time prior to the injury to have corrected It b. The condition was created by employees of the defendant public entity. Prem.L-S. a Allegations about Other Lelandants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names): Does 1 to 25 b. ®The defendants who are liable to plaintiffs for other reasons and the reaSCns.tor their fablli are r--1describedin attach nt Prem.L-5.b as follo fnemes ' ialntlr2 l? informed and bet-ieves, and PRereon alitges VZT �ach of -the fictitiously named defendants. DOES 1 to 25, is negligently responsible in some ' manner for the occurrences herein alleged, and plaintiff ' s damages, ag herein alleged were proximately caused by their conduct. Form AGorpVW by Ina JUOICYf courmii of Gktornit •HAMERSL= v. -SOC, et al. * Page Five ATTACHMENT TO PREMISES LIABILITY L-1 That at' said time ' and place, ' as aforesaid, defendants, and .each of. them, negligently and carelessly controlled, supervised.--, designed, constructed, altered, repaired, owned, maintained,- operated and entrusted the aforementioned roadway and intersection so as to proximately cause and permit said roadway and intersection to be in a dangerous, defective and unsafe condition in that there were insufficient and inadequate signs, signals or other proper control devices, including a three-phase signal system at said roadway and intersection to direct the vehicle traffic flow -in a safe and proper manner; that in all respects the unsafe conditions as stated above constituted a trap forepersons and vehicles at said roadway and intersection and further in that they allowed it to be confusing to persons and vehicles using said roadway and intersection, thereby creating a reasonably foreseeable and substantial risk of injury to persons using said roadway and intersection; that said defendants, and each of them,' were further negligent and careless in that they knew, or in the exercise or ordinary care should have known, of the dangerous condition of said .roadway and intersection and the. .risk of injury created by same, and failed to remedy -said. conditions., having. a - reasonableopportunity to do so; that as a direct and . proximate result of the negligence and carelessness of defendants, and each of them, as aforesaid, and ass - a further direct and proximate result of the dangerous " and defective condition of public property, as aforesaid, , while plaintiff was riding his motorcycle on Market Street, a vehicle operated by James P. Shields made a left turn in front of plaintiff, causing plaintiff to come into contact with said vehicle, and further causing plaintiff to sustain severe personal injuries. SHOii1'7tTLE - _ . -• .: .. _ tASEMtWBER: - .... jVAMERSLEY V.'Sl5c, et al. , SECOND " . CAUSE OF ACTION—Motor Vehicle Page Six ATTACHMENTTO ®Complaint QCross-Complaint ; (Use a separate cause of action form for each cause of action.) Plaintiff(name): GLEN A. HAMERSLEY MV-1. Plaintiff alleges the acts of defendants were negligent; the acts were the legal (proximate) cause of injuries and damages to plaintiff;the acts occurred on(date): May, 22, 1967 at(place): intersection of Market Street and Clayton Road City of Concord, County of Contra Costa, State of California MV-2. DEFENDANTS a. 77 The defendants who operated a motor vehicle are(names): JAMES P. SHIELDS; p Does 76 to 5 b. T7 The defendants who employed the persons who operated a motor vehicle in the course of their employment are(names): JAMES P. SHIELDS; L}] Does 7f; to 15 c. PM The defendants who owned the motor vehicle which was operated with their permission are(names): JAMES P. SHIELDS; M Does 7f; to 4 S d. Q The defendants who entrusted the motor vehicle are(names): JAMES P. .SHIELDS; M)Does ­ 29 to -4 e. D7 The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names): - JAMS P. SHIELDS; . ® Does ?F to t. ©The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are 71 listed in Attachment MV-2f M as follows: Plaintiff is informed and believes, and thereon alleges that each of the fictitiously named defendants, DOES 26 to 35, is negligently responsible in some manner for the occurrences herein alleged, and plaintiff 's damages, as herein alleged, were proximately caused by their conduct. _ ®Does 26 to 35 Fo.m ADoro.eC Oy the JutJ¢ul council of U1110Mo IEn*n..e January t, 1982 Mit +ilw. _ a.Y � =tii.�V -�� �Y: ...1 i�K. �Y • .Y• .. _._.�_ . .�+tr. 1 _ PROOF OF SERVICE BY MAIL (C.C.P_ §§ 1013a, 2015.5) 2 .1I -hereby declare under penalty of perjury that I am 3 a citizen of the United. States, am over the age of eighteen .. 4 -a and not,,.a party=to_the within action; my..buszness_ address 5 is 1211 Newell Avenue' Suite 2020 Walnut Creek, CA 94596-- 6 On this date I served CROSS-COMPLAINT FOR INDEMNITY 7 8 on the parties in said action, by placing a true copy thereof 9 enclosed in a sealed envelope with postage thereon fully prepaid, 10 in the United States Post Office mail box at Walnut Creek, 11 California, addressed as follows: 12 13 Law Offices of Stanley Bell . 505 Sansome Street; 18th..floof 14 San Francisco., CA 94111 - 15 16 17 18 -. 19 20 - 21 22 23 - -- - 24 25 26 27 Executed on November 1987 at Walnut- Creek, 28 California. IMIURA_HOUSTON, ` /^( )E.EICCLCRE& \ES" Y✓ TTOgNEYEf AT LAW -WELL AVE.S'.^.E 202P 0 BOX 5288 Suzanne•— Negher}'J3on ) .• «. a ee.e. 4, CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 1 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 15 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $1, 000, 000. 00 Section 913 and 915.4. Please note all "WarrL+fdy'hty Counsel CLAIMANT: PATRICIA GURSOY c/o Law Offices of J Niley Dorit DEC 0 1987 ATTORNEY: 6.50 California St . #2210 Martinet, CA 94553 San Francisco , CA 94108 Date received ADDRESS: BY DELIVERY TO CLERK ON November 20 , 1987 BY MAIL POSTMARKED: November 17, 1987 _ Certified P 582 837 091 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is ar copy of the above-noted claim. , D DATED: December 4, 1987 RYIL BAATTCYELOR, Clerkepu �C 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: 17 Dated: �r �(J BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (X) This Claim is rejected in full. ( )\) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DEC 15 1981, / f /�Dated: PHIL BATCHELOR, Clerk, ByW_W/ ZZ_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. (/���'{{{J/ Dated: DEC 211987 BY: PHIL BATCHELOR by , J4�— ez—Deputy Clerk CC: County Counsel County Administrator CLAIM AGAINST THE COUNTY OF CONTRA. COSTA & ITS GOVERNING BOARD This Claim is made on behalf of PATRICI against the County of Contra Costa. To : Board of Supervisors County of Contra Costa N 651 Pine Street QV Martinez , CA The following Claim for damage is hereby made by PATRICIA GURSOY, and the particulars of the Claim are as follows : 1 . Names and Address of Claimant( s ) : Patricia Gursoy 44 Steele Court Pittsburg, CA 94565 2 . Address to Which Notices are to be Sent : Law Offices of J Niley Dorit 650 Calfiornia Street , Suite 2210 San Francisco , CA 94108 3 . Amount of Claim: $1 , 000 , 000 . 00 4 . Date and Place of Occurrence : October 30 , 1987 on the Pittsburg off-ramp of Highway 4 in the County of Contra Costa, near or in the City of Pittsburg, State of California . 5. Other Circumstances : On or about October 30 , 1987 , claimant was a passenger in a vehicle exiting off Highway 4 on the Pittsburg turn-off. The vehicle in which claimant was riding struck another vehicle crossing over the turn-off . The entities against whom this claim is made negligently designed, operated and maintained the roadways, highways and intersection in that the area of the accident was and is dangerous to motorist and passengers and the dangerousness is due to numerous factors including but not limtied to the failure to properly design , sign , warn motorists and/or control traffic in and about the area . -1- 1 1. � l 6. Itemization of Injuries , Extent of Damage and Basis of Computation As a direct and proximate result of the aforementioned acts, conduct and omissions of the entities against whom this claim is filed, claimant has suffered and sustained injury . Claimant claims all general and special damages arising out of the aforementioned occurrence . Claimant ' s injuries include, but are not limited to multiple broken and shattered bones , and diffuse soft-tissue injury . 7 . Employees Causing Injury and Damages : Employees and agents of the County of Contra Costa responsible for the occurrences identified herein are presently unknown. DATED: November 16, 1987 LAW OFFICES OF J NILEY DORIT J NILEY DORIT Attorn for Claimant -2- ATTENDED / Z Z CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 15 ;. 1987 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: $216, 763 . 00 Section 913 and 915.4. Please note all 11410w.Q Counsel CLAIMANT: LOUISA CAINEZON lei C/o Dennis O' Brien DEC 0 v 1987 ATTORNEY: Law Offices of O' Brien & Sullivan -Martinez, CA 94553 1500 Newell Avenue #401 Date received November 24 1987 ADDRESS: Walnut Creek, CA 94596 BY DELIVERY TO CLERK ON BY MAIL POSTMARKED: November 20, 1987 _ Certified P 082 156 339 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �bIL ATCHELOR, Clerk DATED: December 4, 1987 : �eputy L. Hall II. FROM: County Coun el TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. 4 ( ) 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: � ^e � BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present Ati; ,ER1oEp 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: 0 E C 1 5 1987 PHIL BATCHELOR, Clerk, By ZDeputy 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: 0 E C 2 11987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator NOV 2 4 1087 TO: CLERK OF THE BOARD rrci ar.rCHELORCOUNTY OF CONTRA COSTA CLERK BOARD Of SUPERVISORSpCOSTA CO. De ury 651 PINE STREET, ROOM 106 [RECEIVED MARTINEZ, CALIFORNIA 94553 RE: AMENDMENT TO GOVERNMENT CLAIM (LOUISA CAMEZON V. COUNTY OF CONTRA COSTA) Claimant, LOUISA CAMEZON, hereby responds as follows to the November 16, 1987 "Notice of Insufficiency" received by her attor- neys on November 17, 1987 in the above matter . Based on a November 19, 1987 discussion with Mary Ann McNett, Deputy County Counsel assigned to this matter, Claimant understands the "Notice of Insufficiency" to request the name of the contractor who did the unsafe construction work in the City of Alamo, County of Contra Costa, State of California, as described in the Government Claim filed against the County of Contra Costa on November 2, 1987 . Without in any way admitting that the claim was in any way insufficient, Claimant, LOUISA CAMEZON, amends Paragraph 4 of said claim as follows to include the name of the construction company in question. "Claimant is informed and believes that WESTERN UTILITY CONTRACTORS, INC. was the construction company doing the construction work which caused Claimant to be injured. " Dated November 19, 1987 RORY D. JE EN O'BRIEN AND SULLIVAN Attorneys for Claimant LOUISA CAMEZON t TO: CLERK OF THE BOARD COUNTY OF CONTRA COSTA 651 PINE STREET, ROOM 106 MARTINEZ, CALIFORNIA 94553 RE: AMENDMENT TO GOVERNMENT CLAIM (LOUISA CAMEZON V. COUNTY OF CONTRA COSTA) Claimant, LOUISA CAMEZON, hereby responds as follows to the November 16, 1987 "Notice of Insufficiency" received by her attor- neys on November 17, 1987 in the above matter . Based on a November 19 , 1987 discussion with Mary Ann McNett, Deputy County Counsel assigned to this matter, Claimant understands the "Notice of Insufficiency" to request the name of the contractor , .:ho did the unsafe construction work in the City of Alamo, County of Contra Costa, State of California, as described in the Government Claim filed against the County of Contra Costa on November 2, 1987 . Without in any way admitting that the claim was in any way insufficient, Claimant, LOUISA CAMEZON, amends Paragraph 4 of said claim as follows to include the name of the construction company in question . "Claimant is informed and believes that WESTERN UTILITY CONTRACTORS, INC. was the construction company doing the construction work which caused Claimant to be injured. " Dated November 19, 1987 RORY2 D. JE EN O'BRIEN AND SULLIVAN Attorneys for Claimant LOUISA CAMEZON APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ON Application to File Late Claim ) NOTICE TO APPLICANT December 15 , 1987 Against the County, Routing ) The copy of this document mailedto you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" belo�p�unt '� �ouhsej Claimant: TINA ROBERTS W-26422 rV0V 10 1987 Attorney: P. O.W.F. 213022248 Martinez C.494553 Address: Stockton, CA 95213-9022 Amount: $576. 00 By delivery to Clerk on November 17, 1987 Date! Received: November 17, 1987 By mail, postmarked on November 16 , 1987 erti ieP-491 491 182 I. FROM. Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above noted Applicatio to e e Claim. DATE:November 19, 198P-kIL BATCHELOR, Clerk, By puty L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (X) The Board should grant this Application to File Late Claim (Section 911.6). ( 1 The Board should deny this Application to File Late Clath ED (Section 911.6). DAT : VICTOR WESTMAN, County Counsel, By X puty III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) (�1 This Application is granted (Section 911.6). ( ) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: DEC 15 1981 PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 5911.8) If you Wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed With the court Within six (6) months from the date your application for leave to present a late claim Was denied. You may seek the advise of any attorney of your choice in connection With this matter. If you want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board TO: 1 County Counsel 2 County A s ra or Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance With Section 29703. DATED: DEC 211987 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 C�tober 30, 1987 RECEIV ED 4. 1 - Contra Costa County NO 17 1987 Board of Supervisors County Administration Building CL OF EIOR 651 Pine St. Room 106 By , Martinez, California 94553 Tb whom it may concern; I am writing in reply to your letter, Notice to Claiment", dated 10/27/87, stating that my claim is being denied due to the fact that it wasn't received by your offices in the required 100 day period. IDnclosed please find copies of the Claim forms dated March 24, 1987. Said forms were submitted, within the alloted 100 day period, to employees of the Contra Costa County Jail Facility which I was incarcerated. These form's were not stamped received nor was I ever given confermation of receipt, which prorrpted my second inquiry. Only when I contacted your offices, personally, was I afforded the courtesy of a response. I do not feel that the denial is equit- able due to an error beyond my control. If this matter cannot be rectified, I will have no alternative but to file a late claim. If there are pertinant documents required, kindly forward same in order that this matter may be resolved to the benefit to all parties involved. Your cooperation and assistance in this matter is greatly appreciated. Respectfully submitted, Tina Roberts W-26422 N.C.W.F. HU1-#248 P.O. Box 213022 Stockton, CA. 95213-9022 r encl. September 29, 19"� Clerk of the Bo-.lrl P.O. Bo— 911 i•:ai t,ir_ez, CA. 9455: )TG whom it m-7 comate", T /� W'1 ��YY f `'!J n-me is Tina Robe-,-us an,'' 1 Kr cG1:\"emi ed C:Jou'-. a Clair:ien"J :'C.C!?] that I �,llcd out six mo;_ti? aSo at Contra Costa Coi- tit Jail concern_nS the loss of m�- prope_ ir.• vs $ 576.00 arm: _ h_.ve :ot rc-ceived any v.ord o:? iat nll caid i . has me concerned. � 'r, 9TT. ? t 1. . y s-.ita s y _{` i ?' 7 C: i1e5C-CeSS _C��CI?S t._;. a_G� u_��.ale i0_ ___ i'ec_aest _ do not _C'C;3x19 i9G_d fro:-: --01: a ov.' t:?=.s soon. T c^n -?C1CSi? c-GtfeCr Cl.=-ilF': folia for 'rOUi' use ":Y? Case 0- any di f1Cia; i cl?;. T .:^'it to t�?al::_ OU f0' �'OLL' time, an V coonc,f at"_G i. 71C—'IOeCtfU_�.1;;-' `'311a �:Obel'tS Count'r jail 3co}.-i" T;rC; RECEIVED OCT 14, 1987 PHIL B MELD BOARD SUPE SjpRS CONTR C STA By : Deputy r The' Board of SupervisorsContra ChltBatchelor Clerk of the Board County Adminlstratlon Building `- Cand �Sta County Administrator 6$1 Pine St., Room 106 (415)646-2371 Martinez, California 94553 Cou1 IY1l}y Tom Powers,1st District Nancy C.Fandon,2nd District Roberti.Schroder,3rd District 'r ` Surma Wright MCPaak 4th District •I ''. Tom 7ixlakaon,5th District a^ e1D: Tina Roberts P J. : oa -13022 H.U. I. #248 Stockton, CA 95213-9022 1 MCE TO CtAMn Late-�'ile�3ia) fcc, ernmant Code section 922.2) �) It* claim you presented t0 the scare Of 34arvisors of contra Costa munty, California. as governing body of the .X Ctanty of Contra costa and/or District, ._.. October 16 1gP is .being returned to you Aerewith bsu1 a-T= mos rAt piesente� within 100 days after tis �t cc oocvrrence as required by law. (bee Sections 901 WA 911.2 of the Q"rrnmt Code.) Because the claim res not preaanted within the time allowed by Iwo Vo action was taken on the Claim. Tour only recourse at this time is to apply without delay to the Board of &Wvisors (in its capacity Voted above) for luvr, tz� present a late claim. (pee Sections 911.1 to 912.2, Inclusive, and Section 916.6 of the government Ctade.) cedar some ciramtanaas, leave to present a late claim Coke) be granted. dam' section 921.6 of the Oo�WTIIsnt. {rime) Tau my seek the advice of an attocnry of your dtoias in Connection with this Butter, If you desire to consult an attk r- my, you shc4ld da sO immediately. So Z !== IN Mf 'ice CL= Or"21M DO= OW IF AMJCMZs � ) Dime a portion of yaw dais is not tntimalye we are - gOUD V a copy of 'so0w claim for Btaard atctian nn that petition of yea chis which is not mtivelye � � Admisislr� WpAy Clark DY= , ate: October •27 - 19RZ `+r�►. `j /�. r CL A W C) 2 CALIFORNTA 4 IN PROPRIA PERSONA 5 6 7 8 rN THE SUPERIOR COUH OF T'17L STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF - 10 -00000- A)p /y, A $co n 11 7L/JGL- �// i� �L1J 7 ) NO. 2—" XY 3 J 12 Plaintiff/Petitioner, ) 13 -vs- PETITION FOR WRIT OF ®r. REPLEVIN 14 O L Old (Return of Properties) 15 Defendant/Respond nt. 16 17 Petitioner alleges : 18 1. On or about , '19 , was arrested 19 I by peace officers (PEV Code Se . 1830-X330.9) employed by the 20 C . �, _a �9f���J fZ , m r,tand booked into the 1 21 County Jail. 22 2. At the time of his arrest respondent peace officer(s) 23 seized/ personal property belonging {:o pe&ationer, t wit :24 ��.C1ll/ �l1 25 26 with an approximate value of 27 j. Such property is lawfully owned by petitioner, is not I 28I illegal contraband and was not used in any unlawful manner. (See , -1- 76TS76T- PS 12-84 1 Pen. Code Sec. 1417-1419. ) 2 .. 4. Upon petitioner' s subsequent convictioxi and commitment 3 to state prison the above-described property was unlawfully re- 4 tained by respondent and to this date has not been released to 5 ' either petitioner or his authorized agent. 6 WKE.REFORE, petitioner prays for an order directing the 7 e0,('O (b�tn7�, 'j�/�,�, to release the above-described 8 , properties or to provide�lpetitioner yywith the monetary eeuivalent r�// 9 thereof iii the F--,_ount of J-`24.-CX./ forthwith. 10 DATED: �Q r 57-' Respectfully submitted, ' 11 /� 12Plaintiff/Petitioner 13 1 14 I , /gyp the plaintiff/petitioner herein, 15 hereby authorize that the above-described property be released (or 16 a cashiers check or money order in the amount of $ ��-coo 17 be provided) to: / 18 1917 24 20 21 22 I declare under penalty of perjury that the foregoing is 23 true and correct to the best of my knowledge and that this decla- 24 ration was e-_ ecuted on the _'O day of 25 atS�CY' 1� �'F'1 , California. 26 27 Plaint if / etitioner 28 / -2- 76T576T- PS 12-84 Y 1 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF THE PETITION 2 �+ 3 It is, a fundamental principle of our law that "(a) person may 4 not be deprived of . . . property without due process of law. " (Cal. 5 Const. art. I , sec. 7. ) While Evidence Code section 637 provides 6 that the "things which a person possesses are presumed owned by hint" 7 unless and until evidence is introduced which would support a find- 8 ing in the contrary (see, People v. Superior Court (McGraw) (1979) 9 100 Cal. Ar ). 3d 154, 159) ; a finding which never has nor be 10 found in relaLion to the property described in the petition. , 11 In this light, police have not merely a right but an affirm- 12 ative duty, statutorily defined, to safeguard the property of a 13 prisoner. (People v. Panfili (1983) 145 Cal-APP-3d 387, 393• ) Gov- 14 ernment Code section 26640 explicitly requires that "(t)he sheriff 15 shall take charge of, safely keep, and keep a correct account of, 16 all money and valuables found on each prisoner when delivered at 17 the county jail. . . " Case law holds that this section governs the 18 activity of municipal police officers as well as sheriffs. (Minsky 19 iv. City of Los Angeles (1974) 11 Cal- 3d 113, 119, fn 5. ) 20 Moreover, actions for recovery of property seized incident to 21 arrest are not subject to the claims requirements of the Government 22 Tort Claims Act (Gov. Code Sec. 900 et.seq. ). (See, Minsky v. City 23 of Los Angeles , supra, 11 Cal. 3d at 123-124; Holt v. Kelly (1978) 24 20 Cal: 3d 560, 564-565; Hibbard v. City of Anaheim (19241 162 Cal. 25 App- 3d 270, 276. ) Nor does the fact the city or other. governmental 26 agency may have rid itself of the property in question exempt it of 27 its liability and/or responsibility to the plaintiff/petitioner. 28 (Minsky at p. 124; Holt at P. 565. ) The relief prayed for is war- ranted. I{ 76T5?oT- PS4-84 1. { CONTRA COSTA COUNTY DETENTION FACI'_;TY LJISI ] _. U OTHING RECEIPT DATE: 01/27/87 TIME: 233.1 NAME (L,F,M): ROBE 2T5 .'TIthA t1ARIE BOOKING NBR: 87002'1839 DOB: 09/20/G4 CLOTHING i ❑�HIRT PANTS LJJ ; OAT SHOES SHORTS ❑ T SHIRT. CKS ❑ NAT [� SWEATER ❑ GLOVES ❑ ,BELT ❑ TIE OTHER INTAKE CLH OFC: INMATE X CLOTHING BOX SIGNED: CLOTHING RACK ASSIGNED: RELEASE REL OFC: DATE: RECEIVED ALL CLOTHING INMATE (SIGNATURE) .DLJ :-`V -%;C CONTRA C 0 j �e 11C811onto rk of toardInstructions to tiaimantCle z O Box Martinez Ca1i1omia94553 ;A. Claims relating to causes of action for death or for injury to person or to personal property-", or growing crops mus£ be presented nct later than the 100th day after the accrual of the cause of . *ction. . 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) - :E3. Claims must be filed •pith the .Clerk of the Board of Supervisors; at its office_i^ Room' 106; ; Ccs zity Administration Building,:.651 ;rine Street Martinez, California 94553. - C4. If claim is against a district governed by the Board of Supervisors, rather than .the County, the _name:of the Distript should be filled in. . <':=_ D. If the claim, is -against more than one public entity, separate claims*A ':::.:. must be filed against each public entity. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by )Reserved for Clerk's filing. stamps _f art J yY)r�, ru Against the COUNTY OF CONTRA COSTA) :. f or DISTRICT) . (Fill in name The undersigned claimant hereby makes claim against ount of Contra Costa or the above-named District in the sum of $ 7�. and in support of this claim represents as follows: „ - ---------------.-__-_----T- ------------ -__-_-_-__ --. T. When did the damage or injury occur? (Give exact date and hour] . . .... ...... is - a. ------------T- '----�----------- ----------'---------- ...-, �. Wiere aid tie damage or a.n3u('.ry occ--ur? (In-clude-----ca,ty and county} -...-------------------------- -------- - _- --T -----------_-- 3.. How did the damage ori ry-occur? Z dull retails, use extra sheets if required) _ -...--"--------------••-_-----_----T--------_-------------__-_-------T-_-_-' 4. what particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? e (over) 15. What are the names of"county or district officers, servants or employees. ;causinc the damage or injury? .::.._�------------- 'f.- ThatFdamage ,or injuries-do y _c1 m resulte�YG%ve full extent Of injuries or damages cla tach two estimates for auto damage) 7. How-was-the nt claimed v compo ed? (I u the estimated amount of any prospective injury r damage.) 8. Rames and a rle-i`sesf wi sse , o tors hospitals. --_- - T---------------------- ----'----T--'�--T-------- - -- - 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." Blame and *Address of Attorney �'g� ��+� Claimants Si nit- re Add { 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, vouche•c ., or writing, is guilty of a felony. "