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HomeMy WebLinkAboutMINUTES - 12011987 - 1.39 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 1, 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: $.1061. 19 Section 913 and 915.4. Please note all "CQ�Sy.COUT1S�l CLAIMANT: LEON DEAN NOV 1 U 1987 2429 Cutting Street r ATTORNEY: Walnut Creek, CA 94596 Martinez, CA 94553 Date received ADDRESS: BY DELIVERY TO CLERK ON November 6 , 1987 BY MAIL POSTMARKED: November 3 , 1987 I. FROM: Clerk`of the 9oard of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. November 9 , 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: /�! AF L— BY: aputy 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 1 1981 PHIL BATCHELOR, Clerk, By r . yV�m 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 Notice to Claimant, addressed to the claimant as shown above. i��r Dated: DEC 2 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P.O. Box 911, Martinez, .CA) . C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Resery erk_' i ing stamps L EO n) D E'A Pi 14X9 Ca++7ay St. Lo Al L4+ drte-K l'A. 9 f s ) 6 1987 Against the COUNTY OF CONTRA COSTA) %0 t or DISTRICT) N" t Fill in name) ev The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows : ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) ------------------------------------------------------------------------ 2. Where did the damage or injury occur? (Include city and county) ------------------------------------------------------------------------ 3. How did the damage or injury occur? (Give full details, use extra sheets if required) (Yly i17ic. �epi rttur'jje.(�f 1'o k;.5 tf cv�f U;��i �,t�e�j VP.yt to Find a .� a1s � 7Jlegt em' Pc:_ eLi-ti ci... ticre J,`t ------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? IG (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? ------------------------------- -------------------- ------------------- 6 . What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) g7Jr 73 7. How was the amount claimed above computed? (Include t apt—Iti'mated amount of any prospective injury or damage. ) ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. C,11rt'S b a7- RC1%S J h n1 (c�t7 -zs t 33 ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: ITEM , AMOUNT 7o . 4 3 Govt. Code Sec. 910. 2 provides : ""�-- "The claim signed by the claimant SEND NOTICES T0- "M e ) or b some person on his behalf. " Name and Address of Attorney 6 '4n4• C a ' ant' s Signature Address NOCr2 Mary McCray Telephone No. Telephone No. 67j NOTICE MARY McCRAY Section 72 of the Penal Code provides: Claim service Representative `•U••wi•sr•r "Every person who, with intent to d for payment to any state board or office district, ward or village board or offic 2055 reridiatParkBoulevarle ssociation 2055 Meridian Park Boulevard the same if genuine, any false or fraudu Concord,CA 94520-5767 or writing, is guilty of a felony. " (ats)szI_eex California State Automobile Association Inter-Insurance Bureau 020 6 8 ;0j 5 6 9 UTE Or LOSS CLAW "S INSU NS011"P"iAME C,7 L DATE Xr' E LIC`'—TYPE KIN.OF LOSSSUFFIX L E E IC -0 NAME CLAIMANT'ST' A'. T S_E.NO I T PAYMENT OF O,rjx.EP No IN PAYMENT OF. cy C:-/ sL r M A 1`4 P11#1 kLl,,W 14,k 98�FM�CjKa 1-4 t) :PAY MAII,O"M 10612 0 D,*EmwM.",0CAww 1210 z FrsnP .,CA Win M Crav M ri P�l X C, V) M, To V,T THE F RE ORDER _-_..'UNATURE OF C NON-NEGOTIABLE M.O. copy California State Automobile Association Inter-Insurance Bureau 020 7'98504 L 7 1 .4, PATE OF LOSS AIM INSURE—S NAME DATE 11;--AN, LEON, E 30—R POLICY—TYPE ;uNO OF'OSS SJFFIX CLAIMANTS NAME PAY z AUTOi LU 07F L11 D.O. ADJOST EP NG IN PAYMENT OF. VF Seew"y Padfic kabomil UwA 11-4 16 6 o:kL I1 1. fr&�'..o M.,OtpP,VVEI2 12C 2i Ori Erooe•ceo Sar CA 9w I A, PAY *SFVi N1 'T FIVE GI -] 0'4 IT AV[Ak' RENT�,L - ------- T. TO F'D BOX 11148 THE ORDER SAN FRANCISCO CA 9AI01 OF NON-NEGOTIABLE M.O. COPY .%% 7 Cu _ or 4Q• , to W y 7 7ro _ ._ _ .- _ - - -- - �!/!'mac./� \ - Address Stat ? Office No. /> Q ity,C' •.i / Date e"Z Tyr t­rdin,�4; gate ,B � '�°`�I s ply�+� z L AGENCY RENT*CAR Contract Mileage Out �r C, L��ssepsa No. St +a C Expiration'D�•.te •Q 2 i/ yl � �G _ M9 ilea a In Insurance Company Car No. j J /O y Total Miles • • • • • • • License No - y 7 • • • • • / Gas Out I Gas In • t Mike �J. Model Miles' / C. • t REPLACEMENT CAR DEPOSITS Car No. - Mileage Out - •. License No. Mileage In Date Am; Chk lCashDate Amt. Chk. Cash: Total Miles Make .�. Gas Out y. Gas Ir.Date Miles Ca f • • DAYS RENTAL DAILY RAID {/ i AMO�GS COLLISION DAMAGE WAIVER (NOT INSURANCE) CDW(COLLISION DAMAGk-14'AIVER) In considstafion of the payment of E per day by _4) DAYS '�✓ '� `� � Customer. ncy Rent-A-Car, Inc.agrees not to hold the Customer resp -bis for a MISCELLANEOUS CHARGESICREDITS direct and acc,o -' loss or damage to the Vehicle as a result eft, collision, upset or other ca„se c _ a standard poh�c', : les of comprehensive and collision automobile insurance provTt7ee a ehicle Is operated in conformity with SALES TAX the terms of the Renta'Agree., .,aid paym I become due and payable a;the ql, expiration of the Rent- ,.eement - TOTALGHARGF.S Customs' rns Dected the Vehicle and upor,7acce�ptanceaedges that ell da it any,are noted below. - LESS DEPOSITS C.�^; WwCustomer's Signature _ 1 =? r tic; . , .-,-v-c t. ,�� 1 r • • • • 9ALANCE DUE • ;1:6 1:6111 r f j"L"apiel I ilia L,k DUE FROM,INSURANCE COMPANY +--t Customer DOES NOT wish to purchase the Collision Damage Waiver and accepts furl ^t responsibility for any anc all damages to said Vehicle regardless of fault Any payment DUE FROM 70 CUSTOMER due hereunder shall be Cue and payable at the expiration of the Rental Agreement. �— Customer has inspegtpd the VehicleAnd upon acceptance acknowledges that art • • • t �Jy9ee if any.apolvec below • t • L �v ustomer s Signature • Vehicle may no'be removed from state where rented without written permission from Lessor. VEHICLE INSPECTION is Traffic violations are the responsibility of the Customer. is Agency Rent-A-Car, Inc. will bill the insurance company as a courtes; FLAT TIRES MUST BE REPAIRED OR REPLACED UNLESS COLLISION DAMAGE WAIVER PAID. he renta'bill remains your responsibility. Exterior Damage I' • 4-Hour notice is required for pick-up. • Rates based on calendar day only. • Accident or mechanical problems,contact the office. �) • Should a deposit be required,contract shall terminate 24 hours atter Interior Damage basic charge exceeds deposit. Glass Damage Aj Spare Tool This will serve as authorization for.Agency Rent-A.-Car, Inc to rece,.e & direct payment frog � r for al! authorize: calendar rental days whi iiI 8 e use of said Agency ren:a vehicle (( / p \ GUS10^.e''Inh;a'E FRONT LER SIDE (� I HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDrT10NS CON- TAINED ON BOTH SIDES OF THIS RENTAL AGREEMENT AND AGREE TO RETURN i VEHICLE TO AGENCY RENT-A-CAR,INC.AT HE ABOVE LOCATION ON OR BEFORE 'DVE BACK DATE J BACK RIGHT SIDE Customer's Signature Lessor's Authorized Representative 1G-OV•21,PL11/86 - - 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 '.1, 1987 and Board Action. All Section references are to The copy of this document mailed to you is your natice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Go me �cunsel Amount: Unspecified Section 913 and 915.4. Please note all arnings'. CLAIMANT: LEON E. DEAN NOV 01* 1987 2429 .Cutting St . Martinez, CA 94553 ATTORNEY: Walnut Creek, CA 9.4596 Date received ADDRESS: BY DELIVERY TO CLERK ON October 29 , 1987 Risk Manage . BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. EY IL 3 , 1987 BPpHHIL gAATCHELOR, Clerk G('1 LG>✓�� DATED: : D puty L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �� //, �/ �ZOO 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: DEC 1 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 Ordera d Notice to Claimant, addressed to the claimant as shown above. Dated- - DEC 2 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented_ not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2 , Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P.O. Box 911, Martinez, _CA) . C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Rese ng stamps E° ^' E E'A '� RECEIVED Against the COUNTY OF CONTRA COSTA) OCT 29 198/ or DISTRICT) CL 0 C oA (Fill in name) ) sy °, .... ... 'c 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 : ------------------------------------------------------------------------ en did the damage or injury occur? (Give exact date and hour) irl / .1/ /�/ �y/ / O • 1 -------------------------------------------- ----------------------- 2. Where did the damage or injury occur? (Include city and county) �Jdcpe✓�e,J'f E/e.ef��c Pi9rt;✓9 4,o t f}1RX wR - DnJGOrJ C/4 (�?dAll-r-04 CoS �w ------------------- ------- ---------------- ------------------------- d 3. How did the amage or injury occur? (Give full details, use extra sheets if required) kN '✓c .1 by 3rk� e r;'✓ce""4 6Reked r'' •� �/-Y r fed f/G�j , c �G , ------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers , servants or employees oaused the injury or damage? SAc/eecf uP Ir w,#�o,L l Seery L j y,4 r.✓R s be h; Aid'. (over) S. What are. the names of county or district officers, servants or employees causing the damage or injury? Cre.✓cra � S[r✓rtes -------------------------------------------------------------------------- 6 . what damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) ,PwsA'ed i ,J a✓ t -(e✓der � door -----------------------------------------------------------e------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) \ 9 � ,� � m�C�aq _ c1 se,✓:�e � o - -- 8. Names and addresses of witnesses, doctors and hospi-ta-ls--------------- C' hd-�s lf-0 �� ------------------a---------------------------------------7-------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT (e- (2 Govt. Code Sec. 910. 2 provides : The claim signed by the claimant SEND T�`""'""fit y) or by some person ' on his, behalf. " Name and Address of Attorney �-�-- C��B�— G • �X.G ' Claimant' s Signature a-V j-9 ejC4 AJy Elf' Address Cre-ef A , 0 . Telephone. No. Telephone No. 60/0 9'17-Of 9 ************************************************************************** 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. " fvdie:, A.✓closc ! CaieS 0 � T-is . P1;e7 C1.4 S'oCar s rem;red AWd - ►re,JA,ar' {ee, s leA-) 0 .✓ ^ J- 17—.,7 automobile policy declarations ♦4� 'ec California state automobile association inter-insurance bureau 150 van ness ave., p.o. box 1860, san francisco, ca 94101-1860 your policy period policy number from to 1. name and address of insured 07— Lh-97 12:01 a.m., Standard Timeat the address of the named ins, red as stated herein. D 4 Z C'U T I.I :' ? alternate address n occupation n 'i i' `.Ifltril \'q�I;[iiifi' (0) Cc, c rR�rc,� alternate number, [telephone number - r ii i l (t-D 00 111 '2M �( S , 938-91175 vehicle model identification liability mail repres enlative special -\ item "l,' I year hnd 1 I....rnberflast JII Istat torr. C-a5, I vno. stir. disc. 1%11iC m�r I Ins:r,ctions n Y type V U d.o. d.o. number _ 3 is I(.:, S_:_' 17+-_ t = 61 lA P [) t I v h0 tr *(t 561 Y 6 ELCAi`+ ? i!% T;� UO ti c7 '� U 61 1A LL U ll 7 ",c?CU 4 .L' 47)' r' n1 1;1 i v 4 ti H meclinil uninsured Prq.eny bodily inlUryli,tbilitV �r;uvrnu mot("Iiv rtalr)aga Corny. all risks collision hnrlilY medical uu- prnperty met collision prerr�luT. item - injury peV,r, rs rtta lrr>•1 rlan+.±g r_ '. 1 each Ilmi;s t :i I'rnii[ 1 lire its t'. �_lim it'2 Ilmit 3 limit 3 limit 3 mVb'i5s 3 1C;;/;'.: : L:) Z5 L 0 0 h1L l5O D 6 1Ct:J30: 111 11 11 100 INIL 7. 5U G� 71 I 1OG/3:;'? IC, i 1G niL Z'i(' 11(: I 4i.? i 'i.i 1%5 430 U � > automobile (1) this r U JL Pi <- n•t death benefits >-- '� �� I11 i :riL rkEM IUi"i � l- v),�I L. y � �.vl. .Y ( I ? I.] J'.r' 1 LY Q illi i " � Y� O So:n,d d;l s.acr pe•s;r a ;.-S'S aao fi st nnmrd insurM. limit4 Premium ;s "i,i t\ r ;'1 A:' J SHOQ % 6ELQN 2 L!:J'_Sand^.ol;a•S each oCCVr- 3-$15 000 each first named not r.�:cn :: red and sanvse. 3.An','I cash val.11 less de- 0=515,000 each add,t,.nnl named in- Qr duct; ,,red shown rm rnd.,semenl F329. 1� t�' a bill 4 3`) Any loss under Physical Damage coverages is payable as interest may appear to the named insure;)and the Loss Payee in acCord::nce t:ith the loss payable agreement. 1 n item item r u D U , 't"nt item n u - ace The insurance afforded is only with respect to such of the preceding coverages as are indicated by specific premium charge or charges. The Bureau's tiaoilit: against each such coverage shall be stater) herein, subject to all the terms of this policy having references thereto. The purpose for vihloh the automobile is to oa n used are "pleasure and business",wholesale and retail delivery excluded,unless rated for commercial use. 'Renewal Certificate — Extends this policy for the period shovdn under Policy Period upon payment of the premium. "Amended Declaration — In consideration of the premium adjustment indicated herein this policy is hereby ante.nded only v;ith respect to such changes a, re indica'.ed_ in the schedule of changes. The limit of the Bureau's liability under such amended coverage shall be as stated herein. n n v ,' I:>rt;Li1T COLLISCO1•: A'V'L.A h:Cr RCCLiTR(Si'::i Ii I`li?LS TYPE LICENSENUMBER C COMMERCIAL 12/31/87 31 3F4C495 A 66501128715(?405A000025400 * 012114 L F VEH.ID. MAKEMO 3GCCWsDH2HS90C807 CHEUI SA O YEAR MODEL SHOWN IS BA ED ON MANUFACTURER AND DEALERREPRESENTATION R BODY TYPE MODEL CYLS, DATE FIRST SOLD CLASS #YR, IYP MODEL TYPE VEH. MP N PK 00/00/86 CV I G A DATE ISSUED II AX IWC UNLADEN TOTAL FEES 01/24 /67 I2IC 033731 I 5254 C E ' R R DEAN. LEON E 0700 5 E T G FE 2429 CUTTING ST I :R C o._ NALNUT_.._CRE.EK____Ck4546 __ Lr A o; T N � E _ E SIGNATURE ISI RELEASES IN1 EREST IN VEIIICI-E IDATE) i R UPON SALE,SELLER MUS T SUBMIT NOTICE OF TRANSFER(REG.138j 0 L_ m F L T I o b E a. I L=F N u T " H r. L E = D z E T o* R Z R f SIGNATURE(S)RELEASES INTEREST IN VEHICLE DATE 68465431 ^7-17–. 7 ? ' '' Si_C7 Dt:C Ii ATIJV; °,e.• -z automobile policy declarations california state automobile association inter-insurance bureau 150 van ness ave., p.o. box 1860, san francisco, ca 94101-1860 your policy period policy number from to 1. name and address of insured 07-16-3'1 U5–l:'_–F,t; J9-96-05-1 1,^-:01 a.m., Standard Time at the llddress of the named insured as stated herein. D: +'. LFQr: = ='Nf ate address 1) Z Zti CuT [ lh :;T 94;'10 tiAL i<jT f iK n occupation ACC T1.0;</CL : alternate number telephone number e h IIIL J'�-i11 �11': Fl 1, l `Ab ©llll f?41l—W191 3YI— ] 196 vehicle model Identification liability mail representative special. 1 item I make I I I I (U instructions 1 Bear hnr1Y type Inumlxsrl last 5) stat ter r. class ym. sur. disc. Policy m/r d.o. d.a. number 11 I ,, .I �. , f` t O 3 r:JICV SC.:: 17529 c r bI LA P � t C N 4 46 561 Y 06ELCA , ri? 1/27 1;� 0t♦IIl . 1A 11 is 7 F1 CU 4 st% : '_i' 40' 33 ` 'r of 1;\ 1 4 IV — mcpisa uninsu:�.d Property) bodily mjuryliahilivy 111UII,,11.•I M0101 11i. rt, comp. all risks collision hodily medical lr U" property I Prem10;_ item _ �1av 11P1 a rlan::r n ''nmp. r,nllisio^� ., Lmi:s 1 8'2 limit 1 limits�2 Iimlt inl'/ry payrnMc '.1_ each _ limit 3_ limit 3 limit 3 maa'iis I n 3 1CC/3G('i I100 NIL ?50 D 6 1O'L 3ol ') Io 25 100 fv�IL 15U 7) 1Ct.;/3;i'1 iC. Z `i It.O NIL Z 'iG E 11( I53 1%5 43'O ll _ E � automobile Q.� A-1te r n t "'p !- T' <• n + death henefits S.— this At - 'j�; 7 9. i.:J1 I1 'y T,: I:r,Y' L 1.1 , L APPLY Q ;;.i11 i _ . ;tl fR�rIIL';I ~ aovsa=e wl:as^ace peg=or. <.A-S!5,0001eslnnmedlns:v ed. lirnit4 Premium js F-iih { ;-11t'+c+i.J ,S H'Ol % LIE LL W 2 1h>::card dollars each o¢w B=',15.000 ea.h lust named not 'E ,-.c^ sorod and r.prnse. l 3 /:nal cast valpn less de- C=515.000 each adllion.nl named in- l\I I L1, 430 OU, Cumple, vred shown en endmsemem(3?0, a bill r4 Any loss under Physical Damage coverages is payable as interest may appear to the named insured and the Loss Payne in accord-nce•::i;h the loss payable agreem.en;. 1 n item - item i ll ll 'tt'n' item n r, n ll T _ ADC AU ( J''+.t 1iLE_ The insurance afforded is only with respect to such of the preceding coverages as are indicated by specific premium charge or charges. The Bureau's liabdlt•; against each such coverage shall be stated herein, subject to all the terms of this policy having references thereto. The Purpose for which the automobile is to be n used are 'pleasure and business".wholesale and retail delivery excluded,unless rated for commercial usa. 'Renewal Certificate — Extends this policy for the period shovvn under Policy Period upon payment of the premium. 'Amended Declaration — In consideration of the Premium adjustment indicated herein this policy is hereby amended only cath respect to such changes e; _ lndlcatad in the schedule of changes. The limit of the Bureau's liability under such amended coverage shall be as stated hcicm. l� n ll =;;nfIT Y C'u4T CJLLISIL. "VP,APC LIr : , RP.GI TRAI!^. !F£.•li?iJs TYPE LICENSENUMBER C COMMERCIAL 12/31/87 31 3F40495 A 665C•11287150,4-35A000025400 * 012114 L F VEH.ID, MAKE MO. 3GCCWSOH2HS90C807 CHEV SA 0 YEAR MODEL SHOWN IS BASED ON MANUFACTURER AND DEALJR REPRESENTATION BODY TYPE MODEL CYLS. DATE FIRST SOLD CLASS *y R. YR MWEL TYPE VEH. MP _ N PK 0_0/00/8_6. 1 CV 87 31P G ADATE ISSUED AX WC wE G TN TOTAL FEES 01/24 /87 2IC 033731 6254 c E ' R DEAN. LEON E 0700 5 R E T G IF — T 2429 CUTTING ST SE _i R C o,_ k ALNUT__CREEK___CA 94596 Ao, T W. E N E SIGNATURE ISI RELEASES INTEREST� INF T IIR (DATE)R UPON SALE,SELLER MUST SUBMIT NOTICE OF TRANANSFER(REG.13'3) 0 z F -" L T I otp E o: I `o P N T v H L o E u L J car u* E4 E T a jR 2 SIGNATURE(S)RELEASES INTEREST IN VEHICLE DATE 68465431 APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA CO(NTY, CALIFORNIA BOARD�ACTION Application to File Late Claim ) NOTICE 70 APPLICANT December 1, 1987 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. County Counsel Claimant: JAMES SANFORD c/o G. Todd Withy OCT 2 7 1987 Attorney: 2222 Martin Luther King Jr. Way Martinez Berkeley,: CA 94806 , CA 94553 Address: ' Amount: $25, 000. 00 By delivery to Clerk on October 22 , 1987 Date Received: October 22 , 1987 By mail, postmarked on October 21 , 1987 I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above noted Applieation ,to F e Lae Claim. DATED: October 22 , 198-PHIL BATCHELOR, Clerk, By puty L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). ( The Board should deny this Application to File Late Claim (Section 911.6). DATED:) /�16�/ 1ICTOR Wmw, County Counsel, By pu y III. BOARD ORDER By unanimous vote ofSupervisors pfesent (Check one only) ( ) This Application is granted (Section 911.6). (X) This Application to File Late Claim is denied (Section 911.6). �( I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: DEC 1 1987 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 my seek the advise of any attorney of your choice in connection with this matter. If m want to consult an attorne u should do so imnediatel . V. FROM: Clerko the Board T0: County Counsel 2 unty 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-2 1987 PHIL BATCHELOR, Clerk, By W4Y-e - 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 1 G. TODD WITHY - WITHY, MILLER, CLARKR LEVIN & CALVERT 2 2222 Martin Luther King Jr. Way 3 Berkeley, California 94704 (415) 848-7200 4 Attorney for Plaintiff RECEIVED 5 OCT 2 2 1987 6 PHIL BATCHELOR CLERK BOARD OF SUPERVISORS 7 B ..� _ `iCON,R<CO� A CO. De u 8 9 LU 10 In the matter of ) 11 the Claim of ) Q JAMES SANFORD, ) APPLICATION FOR LEAVE U ) TO PRESENT LATE CLAIM 06 12 V. ) BY JAMES SANFORD Z �� ) w Opo 13 THE CONTRA COSTA COUNTY ) (Gov. Code Sec. 911.4 ) J Y c^ �) 14 M =m oa Q JUui v2s 15 a� 2� TO CONTRA COSTA COMMUNITY COLLEGE : wNo 16 J m N t7 1. Application is hereby made, pursuant to Government Code = 18 Section 911.4 for leave to present a late claim founded on a cause 19 of action for personal injuries which occurred on March 21, 1987, 20 for which a claim was not presented within the 100-day period 21 provided by Section 911 .2 of the Government Code. For additional 22 circumstances relating to the cause of action, reference is made 23 to the proposed claim attached to this application. 24 2. The failure to present this claim within the 100-day 25 period specified by Section 911 .2 of the Government Code was 26 through mistaken information as to what public entity, Contra 27 Costa Community College or the County of Contra Costa operated the 28 work program claimant was involved in. The County of Contra Costa APPLICATION - 1 i i 1 was not prejudiced by this failure. - 2 3. This application is being presented within a reasonable 3 time after the accrual of this cause of action, as more 4 particularly shown by the attached Declaration of G. Todd Withy 5 WHEREFORE, it is respectfully requested that this application ' 6 be granted and that the attached proposed claim be received and j 7 acted on in accordance with Government Code , S`�ct• ns 912 .4-913. 8 9 DATED: w Ir 10 G. DD WITHY, > Attorney for Applicant a 06 �p 12 Note : The address to which notices relating to this application z are to be sent is: >w m�0 13 '0o G. Todd Withy Y °:°c0 14 2222 Martin Luther King Jr. Way cc Berkeley, CA 94704 U ` dam 15 C UJ U Cir 16 J N� J N N 17 } F-- 18 19 20 21 22 23 24 I 25 26 27 28 APPLICATION - 2 i i 1 2 G. TODD WITHY 2222 Martin Luther King Jr. Way Berkeley, CA 94704 3 (415 ) 848-7200 4 ' Attorney for Claimant 5 6 CLAIM FOR DAMAGES i 7 i I 8 TO: Contra Costa County 9 CLAIMANT' S NAME: James Sanford 10 CLAIMANT' S ADDRESS: 1878 18th Street LU > 11 San Pablo., CA 94806 Q � 4 12 ADDRESS TO WHICH Z �o NOTICES ARE TO BE SENT: G. Todd Withy > mmo 13 2222 Martin Luther King Jr. Way w = QC) Berkeley, CA 94704 J 2 E n Y �.°� 14 cr MOO < = AMOUNT OF CLAIM: $25,000.00 Q �U., UTQ 15 DATE OF ACCRUAL OF CLAIM: March 28, 1987 cc s LU °i 16 J Nm J N N 17 Claimant was injured on March 28, 1987, at or around 4: 30 }� 18 p.m. , on the grounds of Contra Costa Community District. Claimant 19 was part of a County work party which was picked up in the CCCC 20 parking lot and taken to work assignments in a County pickup 21 truck . When the pickup truck returned the workers to the lot, 22 they were riding in the back of the truck. As claimant attempted i 23 to climb down from the truck, the driver started the truck and 24 drove off. The driver gave no warning, nor did he check to see 25 that claimant had safely exited the truck. Claimant' s leg was 26 caught on the tailgate and he fell, breaking the fall with his 27 hands. 28 The public employee who has caused claimant' s injury is that individual who was driving the truck as it pulled away while / /"T TTM LVID 1l7k U]%r 7C - I I I i i 1 claimant attempted to get out. At this date, claimant is ignorant 2 of the name of this individual . I 3 Claimant' s injuries are to his back, causing serious pain in i 4 his back and numbness in his legs. i 5 Claimant estimates the extent of his damages to be j 6 $25 , 000 .00. The basis of the computation of this amount is that 7 claimant has had medical expenses in the form of tests, x-rays, I 8 treatment and physical therapy. He has not been able to return to 9 his previous full-time employment, resulting in lost wages from 10 the date of the accident. LU a11 Additional injury, damage and loss of a prospective nature is U T 0630 12 anticipated, but the amount cannot be estimated accurately at this z_ 13 L5;> � �o mmo time. J Y E^ Y °co 14 OC £.Mm /< U �� 15 DATED: fC dZ� C/' ,i.. TODD W I J Nm 16 Attorney for Claimant J N N 17 �_ 18 19 20 I` 21 22 23 24 25 26 27 28 CLAIM FOR DAMAGES - 2 i i f 1 G. TODD WITHY - W�ITHY, MILLER, CLARK, LEVIN & CALVERT 2 2222 Martin Luther King Jr. Way (I 3 Berkeley, California 94704 (�1415) 848-7200 4 Attorney for Plaintiff 5 6 7 8 I 9 10 In the matter ofLU ) 11 the Claim of ) a JAMES SANFORD, ) DECLARATION OF L) T ) G. TODD WITHY IN 06 3Q 12 v. ) SUPPORT OF APPLICATION z FOR LEAVE TO FILE LATE > mm o 13 E; � �o THE CONTRA COSTA COUNTY ) CLAIM R E _) 14 ¢ "caw v 15 I, G. Todd Withy, state that : J Nm 16 2 N 17 1. I am the attorney representing James Sanford. = 18 2. On July 16, 1987, after filing a claim with the Contra 19 Costa Community College District, G. Todd Withy received a letter 20 from the claims administrators for the Contra Costa Community 21 College District stating that the County of Contra Costa rather 22 than the college operated , the work program and transported 23 claimant to and from the work program from the Contra Costa 24 Community College grounds. 25 26 DATED: D a/ -- -- ------------ 27 G. ` DD W TH ------- At 'orney for pplicant 28 DECLARATION OF G. TODD WITHY - 1 APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT December 1, 1987 Against the County, Routing ) The copy of this document mailed to you is your Endorsements,' and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 1 915.4. Please note the "WARNING" below. Claimant: BERNICE AUSTIN County Counsel c/o Steven R. Jacobsen Attorney: The.;.Law Office NOV 01 ' 1987 436 14th St . #1212 Address: Oakland,: CA 94612 Martinez, CA 94553 Amount: Unspecified By delivery to Clerk on October 28 , 1987 Date Received: By mail, postmarked on October 26 , 1987 Certified P567 786 325 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application F e Late Claim. DATED:November 3 , 1987 PHIL BATCHELOR, Clerk, By � Deputy L. Hall II. FROM: County Counsel 'I0: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). ( The Board should deny this Application to File Late Claim (Section 911.6). DATED: -9L VICTOR WESTMAN, County Counsel, By dm,4c dk"Deputy III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (k) 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 1, 1987 PHIL BATCHELOR, Clerk, ByY/T7``ze-l"'. Deputy WARNING (Gov. Code 5911.8) If you Irish 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 oonnaotion 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 2 1987 PHIL BATCHELOR, Clerk, By, r V G[�� 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 11 LAW OFFICES OF STEVEN R. JACOBSEN Suite 1212, Central Building 21 436 -- 14th Street Oakland , California 94612 3 (415 ) 465-1500 [:2CL.ERR CEIVED 4 Attorney For Claimant 5 CT 28 1987 s,i OA NEP:.. ... .... 7 8 APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM 9 10 In the matter of the claim of 11 BERNICE AUSTIN 12 13 Against CONTRA COSTA COUNTY 14 15 To the County of Contra Costa : 16 I . Application is hereby made , pursuant to Government Code 17 Section 911. 4, for leave to present a late claim founded on a 18 cause of action for personal injuries which accrued on July 3, 19 1987. For additional circumstances relating to the cause of 20 action , reference is made to the claim attached to this 21 application . 22 2. If a failure to present this claim within the 100 day 23 period specified by section 911 .2 of the Government Code is 24 found, then this failure was through mistake , inadvertence, 25 surprise and excusable neglect , and the County of Contra Costa 26 was not prejudiced by this failure , all as more particularly 27 shown by the attached declaration of Steven R. Jacobsen. 28 3. This application is being presented within a reasonable -1- 1 time after the accrual of this cause of action , as more 2 part-icularly shown by the attached declaration of Steven R. 3 Jacobsen. 4 4. The address to which notices relating to this 5 application are to be sent is : THE LAW OFFICES OF STEVEN R. 61 JACOBSEN, 436 - 14th Street , Suite 1212, Oakland, California 7 94612. 8 WHEREFORE, it is respectfully requested that this 9! application be granted and that the attached claim be received 10 and acted on in accordance with Sections 912 .4 to 913 of the 11 Government Code . 12 13 Dated : October 26, 1987 14 15 16 ^' STEVENA. JACOBSEN 17 Attorn y for Claimant 18 19 20 21 22 23 24 25 26 27 28 -2- 1 LAW OFFICES OF STEVEN R. JACOBSEN Suite 1212, Central Building 2 436 -- 14th Street Oakland, California 94612 3'i (415) 465-1500 41 Attorney For Claimant 5', 6` y 7I, 8, 9 10 In the matter of the claim of 11 BERNICE AUSTIN DECLARATION OF STEVEN R. JACOBSEN 12 Against 13 CONTRA COSTA COUNTY 14 15 I , Steven R. Jacoben , declare : 16 I am the attorney for claimant in the above-referenced 17 matter against Contra Costa County, its employees and staff . On 18 July 3, 1987, claimant was injured at Merrithew Hospital , due to 19 the negligence of the hospital personnel , employees of the 20 county. The full extent of claimant' s injuries has not yet been 21 discovered . Said injuries are more particularly described in 22 the proposed claim which is submitted with this declaration. 23 When claimant contacted me with regard to this case, the 24 date of her loss was inadvertently noted as July 30 , 1987 , not 25 July 3, 1987. As a result of this mistake, the date by which a 26 claim should have been filed with Contra Costa County was 27 erroneously calculated to be November 9, 1987, whereas the true 28 date was October 13, 1987 . -1- I When I reviewed the file in advance of the preparation of 211 the - claim, I discovered the error , and this application, and the 3I1! attached claim were immediately prepared . As a result of my 4mistake, inadvertance , surprise and excusable neglect , this 5' claim is being submitted a total of only thirteen days after the 6''j date by which it would normally have been submitted . Wherefore , 7 I now seek leave to submit this claim. 6', The County of Contra Costa has not been prejudiced by my 9I failure to file a claim within 100 days . The position of the 1Q, County has not changed during the lapse of only thirteen days, 111 nor has the information necessary to the County to defend 12 against this claim been lost , as all of claimant' s records are 13 still available, she is still in treatment , and the full extent 14 of her injuries has not yet been determined, so that even if the 15 County had received the claim at an earlier date , it would not 16 have been in any better position to defend I against the claim for 1' 17, damages which claimant now seeks to make . Further , claimant has 18 been in contact with the administration of Merrithew Hospital 19 since soon after the date of the attack, and the County has been 20 aware of the pending claim. The passage of less than two weeks 21 since the expiration of the 100 days has not caused the County 22 to lose either witnesses , records or any other material evidence 23 which would affect the County' s ability to defend against this 24 claim. This application is being submitted within a reasonable 25 time after the accrual of the cause of action. 26 27 28 -2- 1i I declare under penalty of perjury, under the laws of the 21 State of California , that the foregoing is true and correct , 3 except as to those things stated on information and belief, and 4 as to those things i believe them to be true . 5 Executed on October 26, 1987 at Oakland, California . 6 7 STEVENe. JACOBSEN 8 Attorne for Claimant 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- li li 1i LAW OFFICES OF STEVEN R. JACOBSEN 436 - 14th Street 2 Suite 1212, Central Building Oakland, California 94612 3; (415 ) 465-1500 4I Attorney for Claimant I; 5 71 8 CLAIM AGAINST CONTRA COSTA COUNTY 9 10 11 12 13 To : Contra Costa County: 14 Bernice Austin hereby makes claim against Contra Costa 15 County for the sum of $500 ,000. 00 , and makes the following 16 statements in support of the claim : 17 1. Claimant' s post office address is : c/o The Law Offices 18 of Steven R. Jacobsen , 436 - 14th Street , Suite 1212, Central 19, Building, Oakland, California 94612 . 20 2 . Notices concerning the claim should be sent to The Law 21, Offices of Steven R. Jacobsen , 436 - 14th Street , Suite 1212, 22 Central Building , Oakland, California 94612 . 23 3 . The date and place of the occurrence giving rise to this 24 claim are : July 3, 1987 at Merrithew Hospital , Martinez, Contra 25 Costa County, California . 26 4. The circumstances giving rise to this claim are as 27 follows : Claimant was visiting her son , who was confined at the 28 time to the psychiatric ward of said hospital . Claimant'Q' s son -1- had been wrongfully confined there by Contra Costa County, his 2 conservator , because of a loss of memory which he suffered , not 3 because he was a danger to himself or others . Though unknown to 4 claimant , the remaining patients on the ward were considered a 5 danger , either to themselves or to others . The ward was a 6 locked ward, so visitors, such as claimant could enter and leave 7 only when allowed to do so by county personnel who controlled 8 the lock to the doors . 9 On the date of loss, after claimant had finished her visit 10 with her son , she was waiting to leave the ward, and had 11 notified the attendants on duty of her desire to leave . The 12 attendants failed and , refused to acknowlege claimant , and to 13 open the doors for her to leave . Said attendants further 14 allowed another patient of said ward, whom the attendants knew 15 to be violent and dangerous , to roam about freely and without 16 restraint , without warning to claimant of the dangerous 17 propensities of said patient. As a result of the negligence of 18 the county employees attending the ward, in commiting the acts 19 above-stated , and in confining claimant' s son in said ward , the 20 dangerous patient attacked claimant , without warning or 21 provocation , and beat her severely about the head and body, 22 causing the damages and injuries as herein alleged . 23 Claimant immediately sought treatment in the emergency room 24 of the same hospital , but was refused emergency treatment , being 25 told that she would have to wait several hours for any treatment 26 in said hospital . Said hospital employees further refused to 1. 27 provide emergency transportation to claimant , in order for her 28 to receive emergency treatment in another hospital. As a result -2- C I; of the delay in treatment of her injuries, incurred due to the 2 refusal of treatment at Merrithew Hospital , claimant _ has 3 suffered additional injuries and damages, as yet unknown . 4 5. Claimant has suffered injuries to her back, neck, eye , 5 eyeball , eyelid and vision , pain and suffering , medical expenses 6 and other injuries unknown to claimant at this time, but 7 claimant believes that she will suffer some permanent impairment 8 as a result of her injuries . Claimant has further suffered 9 emotionally as a result of the attack . She was unable , for some i 10 time to visit her son , as she was not permitted to return to the 11 same ward. She has further suffered due to her son having been 12 transfered precipitously to another facility which may not be 13 appropriate for his proper care . 14 6 . The names of the public employees causing claimant' s 15 damages are unknown to claimant . 16 7 . Claimant' s claim as of the date of this claim is in the 17 amount of $500,000. 00 . 18 8 . The basis of computation of this claim is as follows : 19 Medical expenses to date: Unknown 20 Future medical expenses Unknown 21 Lost wages to date Unknown 22 Future lost wages Unknown 23 General damages : $500 ,000. 00 24 Total claim : $500,000. 00 25 Dated : October 26, 1987 26 27 STEVEN R. JA OBSEN 28 Attorney fo Claimant -3- _ AMENDED CLAIM ' 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 1, 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: $100 , 065 . 00 Section 913 and 915.4. Please note all "Warnings" .Uli IY L O CLAIMANT: JOHN GLENN ADJUSTERS UnSi) c/o John Gleen Adjusters a< Administrators 0 T 2 7 1987 ATTORNEY: 2201 Broadway #308 Oakland, CA 94612 Date received CA 945,2 ADDRESS: BY DELIVERY TO CLERK ON October 26, 1987 BY MAIL POSTMARKED: October 22 , 1987 1. FROM: Clerk of the$card of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PN BB /) DATED: October 26, 1987 ByIL DeputyLOR, ClerkZd& L. Hall 11. FROM: County Coun el TO: Clerk of the Board of Supervisors Thi�laim comp ies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: � ` BY: Deputy County Counsel 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). 1V. 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 1 1987 zu�z� Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 2 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator w . RADIO CONTROLLED _ RECEIVED LICENSE NO. AJO607121 JOHN GLENN ADJUSTERS AND ADMINISTRATORS 7 2201 BROADWAY, SUITE 308 OAKLAND, CA 94612 OCT 26198 DAY AND NIGHT 2 PHONE 415-83_4-9320 T A N ktwx October 16 , 1987 9v . . "•, .. CERTIFIED MAIL RECEIPT REQUESTED County of Contra Costa Board of Supervisors 651 Pine Street Martinez , CA 94553 John Glenn Adjusters & Administrators on behalf of the Central Contra Costa Transit Authority hereby makes the following statement in support of the claim: 1 ) Central Contra Costa Transit Authority ' s address is 2477 Arnold Industrial Way, Concord, CA 94520 . 2 ) Notices concerning the claim should be sent to John Glenn Adjusters & Administrators , 2201 Broadway, Suite 308 , Oakland, CA 94612 . 3 ) The date, time and place of the accident giving rise to this claim are as follows: Thursday, July 30, 1987, approximately 1 : 50 p.m. , on westbound Boulevard Way, between Suranap and Rule Court, Walnut Creek , CA. 4 ) The circumstances giving rise to this incident are as follows : The Transit bus was travelling westbound on Boulevard Way in the #2 lane of two lanes when it drove over a bump which was caused by a height difference in the roadway where a section had recently been repaired . As a result , several passengers are alleging injury. Edith Everhart Neda Bura 414 Allen Street 1329 Singing Wood Court Martinez, CA 94553 Walnut Creek , CA 94595 (415 ) 228-2919 ( 415 ) 939-8447 Bertha Robertson Ruth Massey 1109 Ptarmigan 1007 Sutter Street , Apt . 402 Walnut Creek, CA 94595 San Francisco, CA 94109 ( 415 ) 938-6637 ( 415 ) 775-2106 \�ahU ASSOCq�oy � J c o.nt Offices 117 .muscat FNS/NSIIAAN4�� a% � I �0jbrArm t"""" OAKLAND • PORTLAND 9 SAN RAFAEL • SAN JOSE County of Contra Costa Board of Supervisors - October 16 , 1987 Page 2 Also, the Central Contra Costa Transit bus sustained damage . 5 ) The injuries to the passengers to date are as follows: Edith Everhart - Alleged fracture of the vertebrae T-12 as well as a possible collapsed lung. Bertha Robertson - Alleged soft tissue type injuries to her tail bone , neck, left shoulder and forehead . In addition, she is alleging contusions to both elbows, right knee and left thigh . Neda Bura - Alleged soft tissue type injuries to her neck , left shoulder and lower back . Ruth Massey - Alleged fractured ribs . 6 ) The name of the public employee( s ) causing the injuries and property damage is(are ) unknown. 7 ) The amount of this claim is for indemnity, and yet to be determined is the property damage to the Transit vehicle: In excess of $50, 000.00 for claimant Edith Everhart . In excess of $25 ,000 .00 for claimant Neda Bura. In excess of $25 , 000. 00 for claimant Bertha Roberts. $ 65 .00 for claimant Ruth Massey Very truly yours , JOHN GLENN ADJUSTERS AN ADMINISTRATORS h'aron Glenn SG: ka r AMENDED e j� CLAIM 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 1 , 1987 and Board Action. I 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 '1959ORY'C0Unsel CLAIMANT: MR. & MRS. .LAM LING WONG c/o Winingham, Roberts , Fama & Thompson NOV 16 1987 ATTORNEY: 425 California St. #401 Martinez, CA 94553 San Francisco , CA 94104 Date received ADDRESS: BY DELIVERY TO CLERK ON November 12 , 1987 BY MAIL POSTMARKED: November 9 , 1987 I. FROM: Clerk of the$alyd of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. November 13 , 1987 ppHHIL BATCHELOR, Clerk DATED: BY: Deputy P L. Hall 11. FROM: County 1 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: &LI Z 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: 14-�AWI&Pw1w K This Claim is rejected in full. ) Other:,, I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. o Dated:l' D E C 1 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. I 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 Orderan Notice to Claimant, addressed to the Claimant as shown above. Dated: D E C 21I 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR RECEIVED NON-ACCEPTANCE OF CLAIM NAV 12 1987 TO: Mr . & Mrs. Lam Ling Wong s c/o Winingham, Roberts , Fama & Thompson By TSR SOp8 425 California St. #401 ` San Francisco CA 94104 api� Re : Claim of Mr. & Mrs. Lam Ling Wong Please Take Notice as Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910 . 2, or is otherwise insufficient for the reasons checked below: 1 . The claim fails to state the name and post office address of the claimant. 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. 3 . The claim fails to state the date, place or other circum- stances of the occurrence or transaction which gave rise to the claim asserted. 4 . The claim fails to state the name(s) of the public employee(s ) causing the injury, damage, or loss, if known. 5 . The claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage, or loss so' far as known, or the basis of computation of the amount claimed. 6 . The claim is not signed by the claimant or by some person on his behalf. x 7. Other: Please Provide a copy of the complaint including proof of service for which you seek indemnity VICTOR J. WESTMAN, County Counsel By: Depu County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a, 2015. 5; Evid. C. §§ 641, 664) My blsiness address is the County Counsel ' s Office of Contra Costa County, Co.Admin.Bldg. , P.O. Box 69, Martinez, California 94553, and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I 'iserved a true copy of this Notice of Insufficiency and/or Non- Acceptance of Claim by placing it in an envelope(s) addressed as shown above (which is/are place(s ) having delivery service by U.S. Mail) , which envelope(s ) was then sealed and postage fully prepaid thereon, and thereafter was , on this day deposited in the U.S. Mail at Martinez/Concord, Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: November 5 , 1987 at Martinez, California. j cc': Clerk of the Board of Supervisors ( iginal) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. C. §§ 910, 910.2, 920. 4, 910. 8) �z0 • V V 19r��r Vlt•V (CI TACICN JUDICIAL) . . �O/CO�Rr vS,OMi r NOTICE TO DEFENDANT: (Aviso a Acusado) ( rsOroPARA usoo,r.corru LAM LING 'iWONG, LINDA WONG, and DOES 1 through 10, inclusive, . ..k.�r91a9aa�j•. m YOU ARE BEING SUED BY PLAINTIFF: n (A Vd. le esta demandando) s m ARNOLD ERICKSON and AIAXINE ERICKSON v = m You have!30 CALENDAR DAYS after this sum- DespuFs de que !e en1mguen esta clfartdn-jvdfcij1us(ed mons is served on you to file a typewritten re- liege un plazo de 30 DIAS CALENDARIOS para presentar sponse at this court. Una respuesta escrita a miquina en esta code. A letter o'i phone call will not protect you: your Una carla o una llamada telef6nica no le ofreceri typewritten response must be in proper legal protecci6n; su respuesta escrita a miquina bene que form if you want the court to hear your case. cumplir con las formalidades legales aprop)adas si usted If you do not file your response on time,you may quiere que la corse escuche su caso. lose the case, and your wages, money and pro- cl Listed no presenta su respuesta a liempo, puede perder .. plenty maybe taken without further warning from .:`- . ri caso, yle pueden qu;farsu salario, su dineroy otras cosas. ._._ .__:....-. the court: de su propiedad sin aviso adicional por parse de!a torte. There are other legal requirements. You may- tt;sten otros requisitos legales. Puede que usted quiera: ,r want to call an attorney right away. If you do not darnar a un abogado inmediatamente. Si no conoce a un. know an attorney, you may call an attorney refer- aLogado, puede llamar a un semicio de referencia de rat service or a legal aid office (listed in the phone abogados o a una oficina de ayuda !egal(wa el dire:forio ._ book). le..W6nico). ^.. CASE NJMEEF (b'r.nern oN Caw) The name and address of the court is: (El nombre y direcci6n de la,torte est2199454 SUPERIOR COURT OF CALIFORNIA " COUNTY OF CONTRA COSTA 725 Court Street P. 0. Box 911 Martinez, CA 94553 The name, address, and telephone number of plaintiff's attorney. or plaintiff without an attorney, is: (EI nombre, la direcci6n y el numero de telpfono del abogado de/demandanie, o del demandants que no bene abogado, es) MICHAEL D. BLEVINS, ESQ. (415) 946-1400 - ROBERT L. GRANT, ESQ. LAP' OFFICES OF GRANT & STER14BERG 3478 Buskirk Avenue, Suite 220 Pleasant); Hill, CA 94,523 AP;R - 9 1'11'87 �.K. OLSS��� KAREN GRAY DATE: Clerk, by Deputy (fecha) (A-ruario) (Delesado) ISLALl NO� TO THE PERSON SERVED: You are served 1. as an individual defendant. 2. as the person sued under the fictitious name of (specify): 3. F-1 on behalf of (specify): under: Q CCP 416.10 (corporation) CCP 416.60 (minor) CCP 416.20 (defunct corporation) CCP 416.70 (conservatee) t CCP 416.40 (association or partnership) CCP 416.90 (individual) rJ/j L other: 4. by personal delivery on (date): . II Fo A6cose a II.,M 967 7 / , Jus•:.'Coeacr 1 lsa� rnrsrw for hoof o1 i.r.rvlu) ,�z- - '7 / o CNro�.u• / .. 9l7r .E ISr. hv'y 1 IiNi SUMMONS CCS a': 7SUMMONS +J I JD27. 13 MICHAEL D. BLEVINS , ESQ. 2 ROBERT L. GRANT, ESQ. LAW OFFICES OF GRANT & STERNBERG 3 3478 Buskirk Avenue, Suite 220 Pleasant Hill , CA 94523 APR - 9 1987 4 Telephone: (415 ) 946-1400 J.R. OLSSON, County Clerk BY u S Attorneys for Plaintiffs CONTRA COSTA CO NTY 6 K.GRAY,Deputy 7 8 IN .THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN A14D FOR THE COUNTY OF CONTRA COSTA 10 11 ARNOLD ERICKSON and MAXINE No. 299454 ERICKSON, 12 COMPLAINT FOR DAMAGES, Plaintiffs , NUISANCE, AND PRELIMINARY 13 AND PERMANENT INJUNCTION V. , 14 LAM LING WONG, LINDA WONG, 15 and DOES 1 through 10, inclusive, 16 Defendants. 17 / 18 COME NOW Plaintiffs ARNOLD ERICKSON and MAXINE ERICKSON and 19 complain against Defendants , and each of .them, as follows: 20 INTRODUCTORY ALLEGATIONS 21 1. At all times herein mentioned, Plaintiffs were, and 221 are, individuals and residents of Contra Costa County, California 23 and are the owners in fee of that certain parcel of real 24 property and single-family residence developed thereon, located 25 at 213 Oak Knoll Loop , Walnut Creek , California (hereafter 261 referred to as the "Erickson property" ) . 27 2. Plaintiffs are informed and believe and thereon allege 28 that Defendants LAM LING WONG and LINDA WONG are the owners in -1- 1 fee of that certain parcel of real property and residence 2 (developed thereon, located at 229 Oak Knoll Loop, Walnut Creek, F 3 'California (hereafter referred to as the "Wong property" ) , which 4 property is contiguous to that of Plaintiffs' immediate upslope 5 neighbors, and adjoins said neighbors ' undeveloped property 6 property at its southern border. (Said undeveloped lot between 7 ,the Wong and Erickson properties shall hereafter be referred to 8 as the "neighbors ' parcel" . ) 9 3. Plaintiffs are informed and believe and thereon allege 10 that each of the Defendants designated herein, including those 11 designated as DOES 1 through 10 , inclusive , are negligently , 12 legally, statutorily, vicariously, or otherwise responsible in 13 some manner for the events and happenings herein referred to, and 14 caused or is responsible for damages suffered by Plaintiffs , and 15 Plaintiffs will ask leave of Court to amend this Complaint to 16 show their true names and capacities , as well as to state 17 appropriate charging allegations , when the same have been 18 ascertained. 19 4. Plaintiffs are informed and believe and based thereon 20 allege that at all times herein mentioned , Defendants DOES 1 21 through 10, inclusive, were the agents and employees of 22 Defendants , and each of them, and in doing the things herein 23 alleged were acting within the course and scope of such agency 24 and employment and with the knowledge , permission , consent , I. 25 ratification, and approval of their Co-Defendants. 261 FIRST CAUSE OF ACTION 27 (Damages and Preliminary and Permanent Injunction for Nuisance) 28 1. Plaintiffs reallege and incorporate as though set forth -2- . c 1 i, in full all the allegations contained in their Preliminary 2 Allegations . 3 2. Plaintiffs ' real property and the real property of 4 ,Defendants are separated from each other at Plaintiffs ' northern 5 and Defendants ' southern boundaries by the undeveloped neighbors ' 6 ,parcel. 7 3. At all times herein mentioned, Defendants, and their b 8 ,'agents and/or servants , have maintained certain improvements upon 11 9 their real property, which improvements have changed the natural - 10 „contour and drainage of their said property so as to cause 11 excessive amounts of surface irrigation and other drainage waters 12 to be diverted, by the means of a negliglently _ and improperly 13 constructed and maintained channel and/or culvert, into, upon, 14 and through the neighbors ' parcel and thence upon the Erickson 15 property. f 16 4. The aforementioned use and maintenance of the property 17 of Defendants , and in particular, .the negligent construction 18 and/or maintenance of the culvert thereon emptying irrigation, 19 storm, and run-off waters onto Plaintiffs ' real property 20 constitutes a nuisance within the meaning of §3479 of the Civil 21 Code in that it is injurious to Plaintiffs ' health and interferes 22 with the comfortable enjoyment of Plaintiffs ' property. 23 5. As a direct and proximate result of the collection of 24 storm and run-off waters upon the Defendants ' property and the 25 diversion of said waters into and upon the land -of Plaintiffs, 26 Plaintiffs ' property has been injured 'in that waters have been 27 caused to collect upon Plaintiffs' real property, which waters 26 have saturated Plaintiffs ' soil , thereby causing the loss of -3- 1 nature trees and foliage, the disallowance of Plaintiff ' s vegetable gardening, the inability of Plaintiffs to comply with 2 3 City and County weed abatement requirements , and the differential 4 subsidence and movement of said soil, thereby causing, in turn, S great damage to the dwelling house thereon, and Plaintiffs have 6 suffered great emotional and mental distress and anxiety, and 7 have lost the full use and enjoyment of their property. 8 6. On or about June 11 , 1986, Plaintiffs gave notice to 9 Defendants , and each of them, of the damages caused by the 10 nuisance, and, in particular, complained of the water diversion 11 and culvert maintained upon their premises and requested its 12 abatement, but Defendants , and each of them, have refused, and 13 continue to refuse, to abate said nuisance. 14 7• Defendants, and each of them, have threatened to, and 15 will, unless restrained by this Court, continue to allow 16 irrigation and storm waters and run-off water to be collected and 17 concentrated in said culvert, and to allow the release of said 18 unnatural water flow onto the neighbors ' parcel and thence , 19 necessarily, onto the property - of Plaintiffs herein, which 20 maintenance of nuisance has been , and will be , without the 21 consent , against the will , and in violation of the rights of 22 Plaintiffs. 23 8. As a proximate result of the nuisance maintained by the 24 Defendants upon their property, Plaintiffs have been, .and will 25 be, damaged in an amount in excess of the jurisdictional amount 26 of this Court , which amount will be -necessary to repair and . 27 replace the trees and foliage heretofor lost, repair the soil 28 damage , and to remedy the structural damages to Plaintiffs ' -4- 1 dwelling house itself, which house has been caused to subside and slide upon its foundation. As a further proximate result of the -f 3 nuisance, the value of Plaintiffs ' property has been diminished r 4 in an amount no less than $50 , 000. Unless the nuisance is 5 abated, Plaintiffs ' property will be progressively further 6 diminished in value. 9 . As a further proximate result of the nuisance j 8' maintained by Defendants , and each of thein, Plaintiffs have been 9, hurt and injured in their health , strength , and activities , 10 sustaining injury to their nervous systems and person, all of I 11! which injuries have caused, and will continue to cause Plaintiffs u 121 great mental, physical, and nervous pain and suffering. As a 13" result of such injuries, Plaintiffs have suffered general damages 14; in an amount according to proof. i 151 10. Unless Defendants, and each of them, are restrained by 16 , Order of this Court , it will be necessary for Plaintiffs to 171 commence many successive actions against Defendants, and each of lgthem, to secure compensation for damages sustained, thus i 19 requiring a multiplicity of suits , and Plaintiffs will be daily 20 threatened with the collapse and falling of the mature trees upon 21 their property, citations for failure to comply with weed 22 abatement requirements, and the continuing and escalating damage 231 from the settlement of their dwelling home. 24 11. Unless Defendants, and each of them, are enjoined from 25 collecting and unnaturally concentrating irrigation and storm 26 waters within a culvert upon their property and thereafter y allowing said waters to drain upon the undeveloped neighbors ' 28 parcel, and necessarily thereafter on Plaintiffs ' real property, -5- I l' Plaintiffs will suffer irreparable injury in that .the usefulness yp and economic value of Plaintiffs' property will be substantially 3� diminished and Plaintiffs will be deprived of the comfortable 4I, enjoyment of their property. 56 12. Plaintiffs have no plain, speedy, or adequate remedy at 6' law and injunctive relief is expressly authorized by 9§526 and 8, 731 of the Code of Civil Procedure. g' 13. In maintaining the nuisance, Defendants, and each of y them, are acting with full knowledge of the consequences and 10 damages being caused to Plaintiffs and their conduct is willful, 11 oppressive, and malicious; accordingly, Plaintiffs are entitled 12 to punitive damages against Defendants, and each of them, in the 13 sum of $110001000- 14 WHEREFORE , Plaintiffs pray for judgment against Defendants, 15 and each of them, for damages and injunctive relief as follows: 16 ON THEIR FIRST CAUSE OF ACTION: 17 - 1. For general damages in an. amount according to proof; . . 18 2. For special damages in an amount according to proof ; 19 3. For punitive damages in the amount of $1 ,000, 000; 20 4. For a preliminary and permanent injunction and Court 21 Order enjoining said Defendants from collecting irrigation and storm run-off waters within the canal and/or culvert upon their 22 23 property and thereafter depositing said water onto the neighbors ' .� 24 parcel, and thence onto the Erickson property, until or unless 25 said Defendants divert, or cause to be diverted, said waters such Ij 26 that waters collected in said culvert will not, nor cannot, . be . � y ultimately discharged onto the real property of the Plaintiffs herein; 28 -6- :i 1 5. For attorney' s fees ; and 2 6. For such other and further relief as the Court deems 3 proper. 4 5! Dated: April 9 , 1987 �` #IAEL D: SLEVINSney for Plaintiffs 7 8 9 10 1'1 12 13 14 15 16 17 18 19 21 21 22 23 24 25 26 27 28 -7- RECEIVED 1,! CLAIM AGAINST PUBLIC ENTITY OCT 27 1987 Zi (Government Code §910 ) fia 7E 3 iiK � is TO: Board of Supervisors , Contra Costa C ty.,.. �!!. Deouy California. 4 5' The undersigned submits the following claim and information relative to the damage to personal and real 6 7 property. 1 . The name and post office address of claimants is 8 as follows: 9' Mr . and Mrs . Lam Ling Wong 10 229 Oak Knoll Loop Walnut Creek, CA 94596 11 12 2 . The post office address to which claimants desire notice of this claim to be sent is as follows : 13 Winingham, Roberts , Fama & Thompson 14 425 California Street, Suite 401 15 San Francisco,, CA 94104 16 3 . On or about July 21 , 1987 claimants were served 17 with a complaint, Superior Court Number 299454 , in the State 18 of California, in and for the County of Contra Costa. This 19'' complaint seeks damages for injuries to real and personal 20 property which plaintiffs , Arnold Erickson and Maxine 21 Erickson, allege occured prior to June 11 , 1986 . 22; 4 . The above complaint alleges that prior to June 23 11 , 1986, plaintiff ' s property (which is down-slope from 241, defendants and is separated from defendant ' s property by 25' an undeveloped lot, hereinafter "neighbor ' s property" , that 261iis located to the north of plaintiff 's property and to the 27" south of defendant ' s property) was damaged in the following 28 manner: Runoff water from defendants up-slope parcel was w directed by a culvert from defendant ' s property onto the 2'; neighbor ' s property where said water was joined by water 3i from a County built and maintained storm sewer collection 4 and drainage system which collects water from the streets 5, surrounding defendant ' s property. Said waters then flowed 6 into a trench in the neighbor ' s property which trench drains 7 onto plaintiff ' s property. As a result plaintiffs allege 8 ; damage in that the collection of run-off water on their 9,: property: 101 1 . Constitutes a nuisance within the meaning 11 of Section 3479 of the Civil Code in that it is 12injurious to plaintiff ' s health and interfers 13 with the comfortable enjoyment of plaintiff ' s. 14 property and, 15 2 , Causes the soil to become saturated, which 16 saturation has : a ) damaged the trees and foliage; 17 b) prohibited plaintiffs from engaging in vegetable 18 gardening; c) rendered plaintiffs unable to comply 19 with City and County weed abatement requirements ; 20' d) caused differential subsidence and movement 21' of said soil on plaintiff ' s property thereby causing 'I 22` great damage to the dwelling house thereon; and 23° e) caused plaintiffs to suffer great emotional 24 and mental distress and anxiety because of the 25 damage to their property and the loss of its full 26 use and enjoyment. The circumstances that caused 27' the alleged damage were brought about by the 28 improper design, maintenance or use (by other -2- 11 1'! than claimants ) of the above described County 211 built and maintained storm sewer system, which 3" system was contructed on or about 1971 under County i 4 Drainage Ordinance 1447, permit number 70-21 . 5' Claimant is informed and believes that said storm 6 sewer drainage system was designed, installed, 7 and maintained by Contra Costa County in combination 8 with other public entities such as the City of 9 Walnut Creek. 10 6 . Plaintiffs, Arnold and Maxine Erickson, as owners 11 of that certain parcel of real property and single family 12 residence developed thereon, located at 213 Oak Knoll Loop, 13 Walnut Creek, California, allege general and special damages 14 according to proof in their cause of action against claimants 15 for alleged negligent construction of improvements upon 16 claimants property. 17 7. If plaintiffs did sustain damages as alleged in 18" their complaint, or any damages whatsoever, such damages 19 were caused entirely, or in part, on a comparative fault 20 basis, by the employees of the Contra Costa County who were 21 responsible for the damage, including the County Department 22,' of Public Works, and other employees concerned with the 2311 design, maintenance and use of the publicly owned collection 241; and drainage system referred to above. 2511 g _ If claimants are held liable for the damages claimed 26° inlaintiff ' s complaint, such liability,p p y, if any, will be 27 based solely, or in .part, on a comparative fault basis on 28 the tortious and negligent conduct of the employees of the -3- • n 1' County of Contra Costa and only secondarily, or in part, 2i' on a comparative fault basis, on the conduct of the 3'' plaintiffs. 41 9 . As a direct result of the conduct of the employees 5'„ of the County of Contra Costa, as set forth herein, liability, 6:! if any, for damages claimed, rests solely, or in part, on Toa comparative fault basis , on the County of Contra Costa 8!; and only secondarily, or in part, on a comparative fault 9 basis, on claimants, and the County of Contra Costa is 10' obligated to reimburse claimants for their attorney' s fees ll, and legal costs and to indemnify claimants for the sum 12 claimants pay, are compelled to pay, or may be compelled 13, to pay as a result of any settlement, damages , judgements , 14 or other awards herein. 15LDATED: This 26th day of October, 1987 . 16 WININGHAM, ROBERTS, FAMA, 17 THOMPSON 18,, 19 ohn Winin am 20 �ktt-drney for Claimant 21 22 23 24' 25 26 27 28 -4- i OFFICE OF THE CLERK OF THE BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA NOTICE OF REJECTION OF CLAIM To: Alegria Orozoco c/o Richard M. Brewer Law Corporation 15165 Esposition Boulevard, Suite 110 Sacramento, CA 95815 NOTICE is hereby given that the claim of Alegria Orozoco, (submitted by Richard M. Brewer Law Corporation, 1565 Exposition Boulevard, Suite 110, Sacramento, California 95815) received by the Clerk of the Board on October 16, 1987, in the amount 'of $350, 000 is rejected by operation of law on December 1, 1987 , pursuant to Government Code Section 912.4. Dated: ' DEC 1 1987 ATTESTED: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By . /Let-� Deputy Clerk Warning (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from 11 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 any 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 18I and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Notice of Rejection of Claim, addressed to the .Claimant as shown above. Dated:, DEC eqZ 1987 By _ Deputy Clerk cc: County Counsel County Administrator 6 'HOUSING AUTHORITY of the COUNTY OF CONTRA COSTA 3133 Estudillo Street P.O. Box 2759 • Martinez,California 94553 Central Administration October 14, 1987 (415)372.0791 - ❑Construction 8 Engineering RECEIVED (415)372-7308 El Development (415)372-7391 El Fiscal a Clerk of the Board OCT Il- 1987 Acctg.8 Financial Services (415)372.8134 p Contra Costa County ❑Housing Operations 651 Pine Street PHIL BATCHELOR (415)372.7400 RK BO OF SU �ISDRS Martinez, CA 94553 co COST Depu 11Occupancy Officer Bye (415)372-0796 Attention: Louise ❑Purchasing (415)372-5327 Housing Offices Claimant: Alegria Orozco Date of Claim: July 9, 1987 El 2102 Buchanan Road Antioch,CA 94509 Location: 192 Orchard Drive (415)754-2565 - Brentwood, CA 94513 ❑801 "J"street (415)7h -2925 09 Attached is a Claim Against the Housing Authority of the Count of (415)757-292s �� 9 9 y y ❑2425 Bisso Ln.,Suite 225 Contra Costa filed by Richard M. Brewer Law Corporation, on behalf Concord,CA 94520 of Al egri a Orozco. (415)687-8791 333❑P10. Box P311�oStreet We would appreciate this claim being processed as expeditiously as Martinez,CA 94553 possible. (415)372-8621 ❑No.lRN. chmond,Street 94802 Thank you for your cooperation in this matter. (415)232-8492 ❑4th& Rosemary Ln. Sincerely, Oakley,CA 94561 (415) u5 El /QAe2 r,,,ar*e-a�C 875 EIl Pueblo Avenue v - Pittsburg,CA 94565 (415)432-3523 El California Street Perfecto Villarreal Rodeo,CA 945721, Executive Director (415)799-4476 , ❑52 Pueblo Avenue PV•j t West Pittsburg,CA 94565 (415)458.3242 Attachment 1 RICHARD M. BREWER LAW CORPORATION RECEIVED 1565 Exposition Blvd , Suite 110 2I, Sacramento , California 95815 OCT ,987 Telephone : (916) 648-1331 3 PHIL BATCHELOR L CO 7 A OBT ujORS 4 By oeauty 5i, Attorney for Claimant 0 7 8j IN THE COUNTY OF CONTRA COSTA 9 � FOR THE BOARD OF SUPERVISORS AND THE HOUSING AUTHORITY 10 11 � > In the matter of ALEGRIA ) DATED RECEIVED : Ag -/q-8 7 121! OROZCO 13 ) vs . ) NOTICE OF CLAIM 14 ) (Government Code Section 910) COUNTY OF CONTRA COSTA & ) 15 HOSUING AUTHORITY ) 16 ALEGRIA OROZCO here presents this claim to County of Contra 17 Costa and the Housing Authority to Government Code Section 910 . 18 1 . The name and post office address of ALEGRIA OROZCO is as 19 follows : 192 Orchard Drive , Brentwood , California 94513 . 20 2 . The post office to which claimant desires notice of this 21 claim to be sent is as follows : RICHARD M. BREWER LAW 22 CORPORATION, 1565 Exposition Blvd , Suite 110 , Sacramento , 23, California 95815 . 24111 3 . On July 9 , 1987 , and for sometime prior thereto Claimant 25, was resident at 192 Orchard Drive , Brentwood , California , 26 in the County of Contra Costa , State of California . Said 27 residential structure and the grounds appurtement thereto 28 were owned , managed and controlled by the County of Contra R I Costa and the Housing Authority. At said time and place 2 Claimant ' s residence and the grounds appurtement thereto 3 was known by these public entities to be in need of 4 "finish" work for underground plumbing and electrical re- 5 pairs that were in progress . That through it agents and 6 employees , said entities negligently cared for such repairs 7 in that trenches were left open and unbarricaded and 8 ALEGRIA OROZCO stepped into one such open trench and rup- 9 tured her right collateral ankle ligaments and sustained 10 other bodily injuries . 11 ' 4 . Claimant was injured as described in the foregoing para- 12 graph as direct and proxiamte result of the negligence and 13 conduct of the County of Contra Costa and the Housing 14Authority. Claimant suffered and will continue to suffer 15 pain and physical disability and emotional trama , and has 16 incurred and will incur obligations and expenses , in- 17 cluding loss of past and future earnings and medical and 18 hospital expenses . So far it is known to at the date of 19 filing, Claimant has incurred economic damages in the 20 amount of approximately $100 ,000 . 00 and non-economic 21 damages in the amount of $250 ,000 . 00 . 22 23 DATED: - _ ` ` ` RICHARD M BREWER LAW CORPORATION 24 25 By : 4 -� Richard M Brewer 26 Attorney at Law 27 28 1 RICHARD M. BREWER LAW CORPORATION 1565 Exposition Blvd , Suite 110 2 Sacramento , California 95815 ' Telephone : (916) 648-1331 3 RECEIVED 4 OCT f(-, 1987 5 Attorney for Claimant 11;oSC •M . PMI BATC1111OR /C�,ERK 80 D OF SU RVISORS 6 CO A COST tY 7 8 IN THE COUNTY OF CONTRA COSTA 9 FOR THE BOARD OF SUPERVISOR'S AND THE HOUSING AUTHORITY 10 11 ) In the matter of ALEGRIA ) DATED RECEIVED: 12 OROZCO ) 13 ) VS . ) NOTICE OF CLAIM 14 ) (Government Code Section 910) COUNTY OF CONTRA COSTA & ) 151 HOSUING AUTHORITY ) 161! ALEGRIA OROZCO here presents this claim to County of Contra 17 I� Costa and the Housing Authority to Government Code Section 91_0 . 18 1 . The name and post office address of ALEGRIA OROZCO is as 19 ' follows : 192 Orchard Drive , Brentwood , California 94513 . 20 I'I 2 . The post office to which claimant desires notice of this 211 claim to be sent is as follows : RICHARD M. BREWER LAW 22 CORPORATION, 1565 Exposition Blvd , Suite 110 , Sacramento , 23 California 95815 . 24111 3 . On July 9 , 1987 , and for sometime prior thereto Claimant 25 was resident at 192 Orchard Drive , Brentwood , California , 26 in the County of Contra Costa, State of California . Said 27i residential structure and the grounds appurtement thereto 28 , were owned , managed and controlled by the County of Contra I Costa and the Housing Authority. At said time and place 2 Claimant ' s residence and the grounds appurtement thereto 3 was known by these public entities to be in need of 4 "finish" work for underground plumbing and electrical re- 5 pairs that were in progress . That through it agents and 6 employees , said entities negligently cared for such repairs 7 in that trenches were left open and unbarricaded and 8 ALEGRIA OROZCO stepped into one such open trench and rup- 9 tured her right collateral ankle ligaments and sustained 10 other bodily injuries . 11 4 . Claimant was injured as described in the foregoing para- 12 graph as direct and proxiamte result of the negligence and 13 conduct of the County of Contra Costa and the Housing 14 Authority. Claimant suffered and will continue to suffer 15 pain and physical disability and emotional trama , and has 16 incurred and will incur obligations and expenses , in- ' 17 eluding loss of past and future earnings and medical and 18 hospital expenses . So far it is known to at the date of 19 filing, Claimant has incurred economic damages in the 20 amount of approximately $100 ,000 .00 and non-economic 21 damages in the amount of $250 ,000 . 00 . 22 23 DATED : RICHARD M. BREWER LAW CORPORATION 24 r / 25 B ' Richard M. Brewer 26 Attorney at Law 27 28 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 1 , 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 0 1. 0 0 Section 913 and 915.4. Please note all "War ngs" eoLnty Counsel CLAIMANT: WAY NE VERNON BAILEY 557' 18th Street NOV 01 1987 ATTORNEY: Richmond, CA 94801 Date received Martinez, CA 94553 ADDRESS: P BY DELIVERY TO CLERK ON November 2 , 1987 BY MAIL POSTMARKED: October 29, 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: November 3 , 1987 gy1L DeputyLOR, Clerk i. L. Hall 11. FROM: County Counsel TO: 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: Nal. BY: Deputy County Counsel v III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD, ORDER'I: 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 thisi date. p Dated: DEC 1 197 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'I�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. e 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 I,2 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator I; CLAIM T0: .BOARD OF„ SUP;`rRVISORS OF CONTRA COfi 1_T_krRXapplication to: Instructions to ClaimantClerk of the Board .O.Box 911 relating to causes of ac Martinez,Califomia94553 A. Claims n tion for death or for injury to g ] Y person or to personal property or growing crops must be presented notplater than the 100th day after the accrual of the cause of action. 'Claims relating to any other cause of action must be presented not later than one year after the accrual of the .cause of action. (Sec. 911.21 Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 .Bine 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 Distript 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 this form. RE: Claim by )Reserved stamps • ) RECEIVE ” Against the COUNTY OF CONTRA COSTA) or DISTRICT) Fillin name ) . The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ Im. and in support of this claim represents as follows 1 When did t e damage or nJry occur? (Give exact date---J1 ._4 and hour] 3:-- erre dia tFie damage or in3ury occur? (Include cit and countiT � .,. t C OP1/ AT __CJw1LW_ 41i_ 3. How 'did the damage or injury occur? GiZCtdai s, use e_Rira sheets i_f required) FA -r-o �tvwipi ck # $30, 00 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? �--r svt � �3h (over) 5. • What' are the names of county or district offi ers, servants or employees causing the damage or injury?(� )4D� '•61Sd 1 �� 6. What; dama a or njuries do you claim resulten? Give full a tent of injuries o= damages claimed. Attach two estimates ffor a o �yJ damage) I.DO LOS .� . 7. How ...q.5� was the amoun claimed ove computed? (Include the estimate amount of any rospective injury or damage. ) 71,0. //A�'1 ,�e �� 1 U4,Qr,( --FEZ ) J4 h V 3aoo SIV n 5 S -- - � - --------- --- Names -d addresses of witnesses, d-o-c-t-o-r-s--a-nd--hospitals.An CIA fL - �_ „-t2e expenditu es you made on account of this accident or injury: ITEM AMOUNT Fl C4tE,-114 -z �a, I ae7 ttR#* t*,/rt#ft* _ fr.`.+!**##*tt�#tt#t##tt*t*ttt*Rt*##RttttRt*t#t*t*t*ttRRRt#t**#* Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Ol �� Name and Address of Attorney */- Cl _aisnan ignat re S 2 1111711 dress 1 t� &L#�Amid, CA ?51 f ! Telephone No. Telephone No. Q/!�Ll7�7 �. RRtRtRR#*Rtt*#***##tttttt*tttRtR#RttRt#RtRRt#RR###t#tt*RttR*lRtRRRfRt##R** 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 sameliif genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " 6� OZS 9 h 9 /JX CLAIM j BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA „'ieim Against thie County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 1, 1987 and Board Actions. 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: $75, 000. 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: VERNESSA MORGAIN ETAL County COunsel clo Paul M. Curry NOVU ATTORNEY: Attorney At Law 1' 1987 1401 Lakeside Drive #700 Date received MMaaIt1 ADDRESS: Oakland, Ca 94612 BY DELIVERY TO CLERK ON November �Z, 999,7CA 94553 BY MAIL POSTMARKED: October 30, 1987 - Certified P 245 123 506 I. FROM: Clerk,of the$pard of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. November 3 1987 EVIL 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: QI/_ Gj ��� BY: Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (X ) This Claim is rejected in full. (/ �) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this' date. 78 19 DEC 1 O Dated: PHIL BATCHELOR, Clerk, By , i, Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in theumail to file a court action on this claim. See Government Code Section 945.6. You may seek thel'advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, youi.should do so immediately. i 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 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Coun'Isel County Administrator. -,Boar� of supervisors LCLOK 10R , County of Contra Costa 651 Pine Street , Room 106 Martinez , CA 94553 I 4TH CLAIM 'AGAINST COUNTY OF CONTRA COSTA CLAIM A!NT' S NAME : Vernessa Morgain, Ricco Earl , and Stacey Smith 11 1 CLAIMANT' S ADDRESS 459-21st Street, Apt. C Telephone 452-1608 Richmond, CA 94801 (Attorney) AMOUNT OF CLAIM $ 75, 000. 00 , ADDRESS TO WHICH NOTICES ARE TO BE SENT: 1401 Lakeside Drive, Suite 700 Oakland, CA 94612 DATE OF INCIDENT August 13, 1987 LOCATION OF INCIDENT: 459-21st Street, Apt. C Richmond, CA 94801 HOW DID INCIDENT OCCUR: On the above date, at least six (6) members of the Richmond Police Department, including officers D. Trujillo (41837 ) and L. Ritter (4123) , negligently and erroneously brokeGinto claimants' residence and searchedsame pursuant to search warrant 4187/135 which had been issued for 491-21st Street, Apt. C, Richmond, CA, and 'an unnamed individual whose description is completely different than that of any of the claimants. Thereafter, claimant Vernessa Morgain was detained, arrested, and imprisoned on a $1 , 000. 00 bench warrant wrongfully and negligently issued, or not properly recalled, in Richmond Municipal Court Case No. 846962-92 by City of Richmond and/or County of Contra Costa employees. DESCRIBED INJURY OR DAMAGE: Severe emotional distress for each claimant ; loss of employment opportunity for claimant Vernessa Morga�in ; and other injuries unknown at this time. NAME OF PUBLIC EMPLOYEE(S) CAUSING INJURY OR DAMAGE, IF KNOWN: Richmond Police Officers, .D. Trujillo (41837 ) , L. Ritter (4123 ) and other City of Richmond and Contra Costa employees whose names presently are unknown. u ITEMIZATION OF CLAIM : Gener�,al_damage $ unknown Special damages $ unknown Costs of bail $ 10000. 00 TOTAL $ 75, 000. 00 Signed by or on behalf of Claimant &��Vj Dated : October 29 , 1987 PAUL CURRY, Attorney at L w 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 1 , 1987 and Board Action. All Section references are to The copy of this document mailed to you is your notice of Ca'•ifornia Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $75 , 000 . 00 Section 913 and 915.4. Please note all `WU8Vfty'Counsel CL A1MAI,T: VERNESSA MORGAIN ET AL c/o Paul M. Curry NOV IG 1987 ATTORN Y: 1401 Lakeside Drive, #700 Oakland, CA 94612 Date received Martinez, CA 94553 ADDR:S5: BY DELIVERY TO CLERK ON November 10 , 1987 BY MAIL POSTMARKED: November 9 , 1987 Certified P 245 122 792 1. FROM: Clerk of the.0oard of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: November 13 , 1987 gall BepUtyLOR, Clerk , L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors {{{P"'___ 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: Au?� Deputy County Counsel i III. FROM: Clerkl' 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 XThis Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: DEC 1 1987 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) iubject 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. lou 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 I deposited in the United States Postal Service in Martinez, 4lifornia, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to :he claimant as shown above. sated: DEC 2 1987 BY: PHIL BATCHELOR by Deputy Clerk :C: unt oun 1 County Administrator Board of Supervisors RECEIVED C`bunt-y of Contra Costa 651 Pine Street , Room 106 Martinez , CA 94553 NOV 1� 1987 L 8A L CLAIMjAGAINST COUNTY OF CONTRA COSTA (AMENDED) AR I;O �.. CLAIM'ANT' S NAME : Vernessa Morgain , Ricco Earl , and [RECEIVED] acey Smith CLAIMANT' S ADDRESS 459-21st Street, Apt. C Telephone 452-1608 Richmond, CA 94801 (Attorney) AMOUNT OF CLAIM $ 75, 000. 00 ADDRESS TO WHICH NOTICES ARE TO BE SENT: 1401 Lakeside Drive, Suite 700 Oakland, CA 94612 DATE OF INCIDENT August 13 , 1987 LOCATION OF INCIDENT: 459-21st Street, Apt. C Richmond, CA 94801 HOW DID INCIDENT OCCUR: On the above date, at least six ( 6) members of the Richmond Police Department, including officers D. Trujillo (#837 ) and L. Ritter (#23) , negligently and erroneously broke into claimants' residence and search same pursuant to search warrant #87/135 which had been issued for Lal-21st Street, Apt. C, Richmond, CA, and an unnamed individual whose description is completely different than that of any of the claimants. Thereafter, claimant Vernessa Morgain was detained, arrested, and imprisoned on a $1 , 000. 00 bench warrant wrongfully and negligently issued on November 20, 1984 in Richmond Municipal Case No. 846962-9, as a result of the acts or omissions by City of Richmond and/or County of Contra Costa employees. DESCRIBED INJURY OR DAMAGE: Severe emotional distress for each claimant ; loss of employment opportunity for claimant Vernessa Morgain ; and other injuries unknown at this time. NAME OF PUBLIC EMPLOYEE(S) CAUSING INJURY OR DAMAGE, IF KNOWN: Richmond Police Officers, D. Trujillo (4837) , L. Ritter ( 623) and other', City of Richmond and Contra Costa employees whose names presently are unknown. j� ITEMIZATION OF CLAIM: General damage $ unknown Special damages $ unknown Costs of bail $__1, 000. 00 TOTAL $-75, 000. 00 Signed by or on behalf of Claimant Dated : November 9 , 1987 1 X • PAUL M. CURRY, Attorney a Law CLAIM 8UARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA r Claim Against he County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 1, 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 GovAQ"nt.VoGounSel Amount: $25,, 000. 00 Section 913 and 915.4. Please note all "Warnings" CLAIMANT: CHERIE L. BUCKINGHAM NOV 01- 1987 c/o, Eugene 1.1. Hannon Martinez, CA 94553 ATTORNEY: Attorney at Law 1934 Contra Costa Blvd. Date received ADDRESS: Pleasant Hill, CA 94523 BY DELIVERY TO CLERK ON October 30, 1987 BY MAIL POSTMARKED:October 29 , 1987 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. November 3 , 1937 PQHHIL BATCHELOR, Clerk DATED: BY: Deputy G�-C�c �' •. L. Hall = II. FROM: County Counsel TO: Clerk of the Board of Supervisors Thil's claim complies substantially with Sections 910 and 910.2. ( \) Thi's claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying cla"imant. 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: u Dated:_ (� 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 fu)1. ( ) 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 1 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%eek 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 an Notice to Claimant, addressed to the claimant afs+ shown above. Dated: DE TV 2 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator �I 0 RECEIVER NOTICE OF CLAIM CCT 30 1987 ► 11. AT D ` RS q N TO BOARD OF SUPERVISORS, CONTRA COSTA COUNTY ey . . •• "' `y CHERIE L. BUCKINGHAM hereby makes claim against Contra Costa County for a sum in excess of $25 ,000. 00 , and makes the following statements in support of the claim: 1 . Claimant ' s address is 1770 San Miguel Drive , #2 , Walnut Creek, California 94596 . Claimant, CHERIE L. BUCKINGHAM, is employed by the County of Contra Costa as a security officer at the Merrithew Memorial Hospital , located at 2500 Alhambra Avenue, Martinez , California . 2 . Notices concerning the claim should be sent to EUGENE M. HANNON, Attorney at Late, 1934 Contra Costa Boulevard, Pleasant Hill , California 94523 . 3 . The date and place of the incident giving rise to this claim is on or about October 2 , 1987 , at , on, and/or near Merrithew Memorial Hospital . 4 . Claimant is informed and believes that the circumstances giving rise to this claim are as follows : On or about October 2 , 1987 , a Merrithew Hospital administrator and/or other employees employed by Contra Costa County violated California Health and Safety Code Sections 199 . 20, 199 . 21 , and 199 .45 , by communicating highly confidential information concerning claimant to a local newspaper. Such disclosures constitutes not only a statutory violation but an unwarranted invasion of privacy and is outrageous conduct intentionally designed to inflict severe z,4, emotional distress upon claimant . 5. Claimant ' s injuries , as presently known, :are : (a) Severe emotional distress; (b) Other damages un3cnown at this time; (c) Statutory damages . 6 . The names of the public employees causing the claimant ' s injuries are .FRANK PUGLISI and other public employees involved whose names are unknown and/or are not fully ascertained at this time , but claimant is inforrned and believes that the County of Contra Costa owns and operates the Merrithew Memorial Hospital prcp2rty, and, among other things , had the County properly supervised, managed, and hired its employees , the mandates of California Health and Safety Code Sections 199. 20,, 199. 21 , and 199 . 45 would have been adhered to and not have been the subject of a newspaper front page article concerning highly confidential and personal information which invaded the privacy of claimant and her family. 7 . The claim as of the date of this notice is in excess of $25 , 000 . 00 . S . The basis of computation of the above amount is as follo;,s : Statutory Damages : As per Statute Medical Expenses Incurred to Date: Total not yet ascertained Estimated Future Medical Expenses : Total unknown Loss of Wages : Total unknown General Damages : In excess of $25, 000. 00 Total : In Pxcess of $25, 00 . 00 v Dated: /` 06 Cc S t G� M. HAN ON, Attorney at Lai, On ehalf of Claimant CHERI L. BUCKINGHAM I ' PROOF OF SERVICE BY MAIL 21'1 I declare that: 3 ! I• am employed and reside in the County of Contra Costa, U California. I am over the age of eighteen years and not a party 51 of the within entitled cause; my business address is 1934 Contra 6 '1 Costa Boulevard, Pleasant Hill, California. 71 On 10/29/87 I served the attached 81 91 NOTICE OF CLAIM 10 11 on the parties in said cause 12j by placing a true copy thereof enclosed in a sealed envelope 13i with postage thereon fully prepaid, in the United States mail 14 at Pleasant Hill, California, addressed as follows: 151 l6 17 BOARD OF SUPERVISORS - CONTRA COSTA COUNTY 651 Pine Street 18 '! Martinez, CA 94553 1911 20 21 22 2N I declare under penalty of perjury under the laws of 241 the State of California that the foregoing is true and correct, 251! and that this declaration was executed on 10/29/87 261 at Pleasant Sill, California. 27 28I R thy0 onnell CLAIM EJARD OF SPPERVISORS 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 1, 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,: $251, 000. 00 Section 913 and 915.4. Please note a11GQ0PAA Dunsel 11 CLAIMANT: ST11 EVE CALDERA NOV 01- 198? c/o Eugene 'Ill. Hannon ATTORNEY: Attorney at Law Martinez, CA 94553 1934 Contra Costa Blvd. Date received ADDRESS: Pleasant Hill, CA 94523 BY DELIVERY TO CLERK ON October 30 , 1987 BY MAIL POSTMARKED: October 29 , 1987 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: November 3 , 1987 gq?L BepuiyLOR, Clerk L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (• This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: rj,, l/ T BY: � c 4f4 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) Th is Claim is rejected in full. ( ) Other: 1 certify that this is a true and correct-copy of the Board's Order entered in its minutes for this date. Dated: DEC 1 1987 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to cerlltain 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 an Notice to Claimant, addressed to the claimant as shown above. Dated: p E C 2 1987 BY: PHIL BATCHELOR by - ,/ Deputy Clerk CC: County Counsel County Administrator I I� , RECEIVED NOTICE OF CLAIM OCT 30 1987 '7 SA CAOR T AE S TO : BOARD OF SUPERVISORS , CONTRA COSTA COUNTY By '" " STEVE CALDERA hereby makes claim against Contra Costa County for a sum in excess of $25 ,000. 00, and mares the following statements in support of the claim: 1 . Claimant ' s address is 5824 Pine Hollow Road, Clayton, California 94517 . Claimant , STEVE CALDERA, is employed by the County of Contra Costa as a security officer at the Merrithew Memorial Hospital , located at 2500 Alhambra Avenue , Martinez , California . 2 . Notices concerning the claim should be sent to EUGENE M. HANNON, Attorney at Lara, 1934 Contra Costa Boulevard , Pleasant Hill , California 94523 . 3 . The date and place of the incident giving rise to this claim is on or about October 2 , 1987, at , on, and/or near Merrithew Memorial Hospital . f 4. Claimant is informed and believes that the circumstances giving rise to this claim are as follows : On or about October 2 , 1987, a Merrithew Hospital administrator and/or other employees employed by Contra Costa County violated California Health and Safety Code Sections 199 . 20, 199 . 21 and 199 .45 , by communicating highly. confidential information concerning claimant to a local newspaper . Such disclosures consitutes not only a statutory violation but an unwarranted invasion of privacy and is outrageous conduct intentionally designed to inflict severe emotional distress upon claimant . 5 . Claimant ' s injuries , as presently known are : (a) Severe emotional distress ; (b) Loss of consortium; (c) Other damages unknown at this time; (d ) Statutory damages . 6 . The names of the public employees causing the claimant 's injuries are FRANK PUGLISI and other public employees involved whose names are unknown and/or are not fully ascertained at this time, but claimant is informed and believes that the County of Contra Costa owns and operates the Merrithew Memorial Hospital property, and , among other things , had the County properly supervised, managed, and hired its employees , the mandates of California Health and Safety Codes Sections 199 . 20 , 199 . 21 , and 199. 45 would have been adhered to and not have been the subject of a newspaper front page article concerning highly confidential and' personal information which invaded the privacy of claimant and his family. 7 . The claim as of the date of this notice is in excess of $25 , 000 . 00 . 8 . The basis of computation of the above amount is as follows : Statutory Damages : As per Statute Medical Expenses Incurred to Date : Total not yet ascertained Estimated Future Medical Ex_oenses : Total unknown Loss of Wages : Total unknown General Damages : In excess of $25 , 000. 00 Total : In excess of $25, 000 . 00 Dated : OJ EU NEHANNON, PAttorney at Late On Beh f of Claimant STEVE CALDERA I PROOF OF SERVICE BY MAIL 2 I declare that: 3 I am employed and reside in the County of Contra Costa, 4 California. I am over the age of eighteen years and not a party 5 of the within entitled cause; my business address is 1934 Contra 6 Costa Boulevard, Pleasant Hill, California. 7 On 10/29/87 I served the attached 8 NOTICE OF CLAIM 9 l0 ll in said cause on the parties 12 by placing a true copy thereof enclosed in a sealed envelope 13 with postage thereon fully prepaid, in the United States mail 14 at Pleasant Hill, California, addressed as follows: 15 BOARD OF SUPERVISORS - CONTRA COSTA COUNTY 16 651 Pine Street Martinez, CA 94553 17 18 19 20 21 22 23 I declare under penalty of perjury under the laws of 24 the State of California that the foregoing is true and correct, 25 and that this declaration was executed on 10/29/87 26 at Pleasant Hill, California. 27 I 28 KatKy Ulu onnell CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against then County, or District governed by) BOARD ACTION the' Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 1, 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: WO. 00 Section 913 and 915.4. Please note all "Warnings" County"Warnings". CLAIMANT: LEONARD VALEK ETAL 749 Diablo Blvd. NOV 011987 ATTORNEY: Danville, CA 94526 Date received L in��& 94553 ADDRESS: BY DELIVERY TO CLERK ON November BY MAIL POSTMARKED: September 29, 1987 I. FROM: Clerk I'of the Jioard of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: November 3 , 1987 gy1L BATCHELOR, Clerk L. Ha II. FROM: County Counsel TO: Clerk of the Board of Supervisors (,ly. This claim complies substantially with Sections 910 and 910.2. ( ) This c;Ilaim 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/Qy, L/ BY:�L/[xy(//L [!'9,,�&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 (�) 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 1 1987 Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certaijn 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. I� 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: SEC 12 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Coun 'el County Administrator CLAIM BOARD 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 of 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 gust be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) S. Claims :fust be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building. 651 pine Streetrikartinez , 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 o�Lfiis h form. RE: Claim by )Reserved for Clerk's filing stamps LEONA°D VALEK. / KATHY` TPZUE3LOOD y ="W-ranyrypoet Against the COUNTY OF CONTRA COSTA) Or DAN\II.LLE. POLICE. DEPARTMENT DISTRICT)Fi n name The undersigned claimant hereby makes claim aContra Costa or the above-named District in the sum of $ 400.00 and in support of this claim represents as follows: 8amage or in3ury occur? ZGive exact nate ana"bourj AUGUST 14,1987 AT 11 ,30- P.t!. �"Did"i5e"aarnage"o`r-�nu=y"ocais?""�Inclu�e ai y ani"countyF IABLO ROAD, DA MLLE, CA. 94520 ow`asa the amnge"oi"�n�ury occui? ZGive' uli`detaiI`s;"u"se"e`xtia'� sheets"if required) SARGENT VC HUGH AND OFFICER SHIELDS BROKE INTO HOUSE BY KICKING IN THE BACK REAR DOOR AND DA10AGED DOOR AND DEAD BOLT AND DOOR IS NOT USABLE. �.`"ilfiati pazticuSar act oz oan�ss�on ont�i'e"pait o�"county of"aistr�ct-" officers, servants or employees caused the injury or damage? SAME):AS A3.OVE- (over) 5. What are the names of county or district officers, servants or• employees causing the damage or injury? SARCENT MC HUGH. AND OFFICER SHIELDS OF THE DANVILLE POLICE - T M 6. WFint$amage or �nuries do you c�a�m resulLed7 ZGiveuII extent of inj ` ies or damages claimed. Attach two estimates for auto _ damage THE DOOR NEEDS TO BE REPLACE AND THE TWO LOCKS REPLACED --------------------------------------------- -- --- ---------- ---- --- 7. How was the amount claimed above computed? Include the est�mate� amount !,of any prospective injury or damage. ) OH A NEW SOLID WOOD DOOR (THE SA^".E AS BEFO^E) AND INSTALL8,TIO11'J A"!D NEI1 LOCKS �. Names and addresses of witnesses, doctors and hospitals. HEATHER TRUEBLOOD AND THE POLICE OFFICERS NAMED ABOVE. SARGENT MC HUGH TOLD ME THAT THE,.D^^!; '.:%MLD BE PAID ;--^? BY THE CQUNTY .'%^:D THET4,' �. Leat tie ex nditures ou made on account o� this acc��ent or �n ur . DATE µ.v ....:_ . ITEM AMOUNT g i 3 t j Govt. Code Sec. 910.2 provides : "The claim signed Py the claimant SEND NOTICES TO: (Attorney) or,by some person On his .behalf. " � Name and Address of Attorney r Adress ✓��1 r�J�J I � � [�s�C :.� C: 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, authorised to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " CLAIM T0. -. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant Return original application tO Clerk of the Board 651 pine St., Room 106 Martinez, CA 94553 A. Claims gelating to causes of action for death of'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 actionv-IjClaims 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) X. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 pine Street, Xartinez , 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. 4ee penalty for fraudulent claims , Penal Code Sec. 72 at and oTtRis form. RE: Claim by )Reserved for Clerk's filing stamps LEONARD VALEK. / KATHY T{:UE3LOOD ) RECEIVED Against the COUNTY OF CONTRA COSTA) yah 21997 or DA"JILLE. POLICE DEPARTMENT DISTRICT) c i Fi n name ) ` The undersigned claimant hereby makes claim agains Contra e above-named District in the sum of $ 400 ,nr and in support of this claim represents as follows: �--- ..-- T; -- -- --- ------ —T-----B------ ----- ----�— ---..-- —1;5 ;T --- AUGUST aid tie 8amage or �nluzy occur? ZGive exact date and FiOur) AUGUST 14,1457 AT 11130: P.M. >i�there did tFie-damage or. .ia3ury occurand county) .749-61ABLO P,OAD" DAN'VI LLF, CA. 94526 I'. 3. Bow Sad the damage or In3ury occur? ZGiveuSI detail-s, use extra •he@tsj if required) SA42GENT MC HUGH AND OFFICER SHIELDS BROKE INTO HOUSE By KICKINGL IfN THE BACK. REAR DOOP. AND DA*^,AGED DOOR AND DEAD BOLT AND N0!.! DOOR. IS NOT USABLE. �. i�'iat particular act or om►Isslon on tie part o� county oz district officers, servants or employees caused the injury or damage? SAMEI' AS A30\/E. (over) 5. What are the names of countyordistrict officers, servants or' employees causing the damage or injury? SARCENT MC HUGH- MID OFFICER SHIELDS OF THE. DANVILLE POLICE -mage or injuries �o you claim resulted?�ZG�ve �uii extent of inj 'zies or damages claimed. Attach two estimates for auto damage) THE DOOR NEEDS TO BE REPLACE AND THE T!1J0 LOCKS REPLACED 7. How was the amount claimed above computevde the este8 amountlof any prospective injury or damage. ) ON A NE'.'! SOLID 1!OOD DOOR (THE SAME AS BEFO^E) AND INSTALL4TION N4D NE'J LOCKS ------- ------ ----------------- �. Names and addresses of witnesses, doctors and hosp;tale. HEATHER TRUE9LOOD AND THE POLICE OF"ICERS NAMED ABOVE. SARGENT MC HUGH TOLD ME THAT THE! D^^r '.•!OULD BE PAID -OR 9Y THE CQU,ITY AND THEM, �. List tie expenditures you made on account of this accident or �n3ury: DATE ITEM AMOUNT !ktltlkkk####t##ktk##tktkk##ktt !ttlktltk##tt##kttlttk#t*#t##!!!!tt!!tltkk 4 ^ Z t Govt. Code Sec. 910.2 provides: ( "The claim signed $)y the claimant SEND NOTICES TO: (Attorney) or,by some person on his behalf. " ? Name and Address of Attorney r Address r. Telephone No. Telephone No. l4ttfttt!#;#!ltkt#t#tktk#ktt##ttktttt!#ktkkkkkttt#lttkttttttlttltt!!!!Rltk# 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 i,f genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " CLAIM /� �� BOARD 07 SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Cla m Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 1 , . 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: $200. 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: GRANT N. SPONHOLZ JR. County Counsel 901 Court Street ATTORNEY: Martinez , CA 94553 OCT 2 7 1987 Date received ADDRESS: BY DELIVERY TO CLERK ON October �4t1997CA 94553 BY MAIL POSTMARKED: October 17 , 1987 1. FROM: Clerk of the$pard of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 26, 1987 gpIL DeputyLOR, Clerk L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This''claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimi ant. The Board cannot act for 15 days (Section 910.8). U ( ) 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:� e ty 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: Ali I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: DEC 1 1987 �V��� PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certaiin 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 theiradvice 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 asjshown above. Dated: DE' : 2 1987 BY: PHIL BATCHELOR by 1 Deputy Clerk ll CC: knuli ty el County Administrator I CLAIM TO: B14AYM OF SUPERVISORS OF CONTRA CQPr XapPlication to: Instructions to ClaimantClerk of the Board P.O.Box911 Martinez,California 94583 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 o this form. RE: Claim by )Resery :W'J� iang stamps RECEED OCT 87 Against the COUNTY OF CONTRA COSTA) 'or DISTRICT) L Fi in name ) arc .... .....awh The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $_ 2(1)C). nn and in support of this claim represents as follows: - n did the damage or injury occur? (Give exact date and hour] C'I'• C f T 7 1 P"1` i `�' - --- T..-- ------------T-S---.......... ----------------------- '�. W�iere did tie damage or in3ury occur? (Include city and county) L C) 5 L L J t_!{`•� I YY1 b'1 `� ` YUL_ '- �.t --c- --- ------T-T--------------T--- - T --------- - 3. How did the damage or injury occur? (Give �uTI details, use extra . sheets if required) �Q ---------- '--T---------------T--T----------------------------- 4. What articular act or omission on the T---'`----- p 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? . J 6. What damage or �n�uries do you claim resulted? 'Give full extent of injuries of damages claimed. Attach two estimates for auto damage) - -- / -------...............................-----............................. 7. Bow was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) B. Names and addresses of witnesses, doctors and hospitals. F1 u ------------------- 3. Ust• toe ..expendi,tures you made on account of this accident or injury: DATE ; 4 : .. ITEM AMOUNT j ttttttttttttttttttttttt:ttttttttttttttttttttttttttttttttttttttttttttttttt 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 �"I�v 1.". l i ! �•�.. \ tv 1•.J '..... G! L: � l-.f' t :� 'E C' t Address } �- Telephone No. Telephone No. t�tttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttt '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 COSTACOUNTY, CALIFORNIA AS EX-OFFICIO AS THE GOVERNING BOARD OF THEL Claim Against th11e County, or District governed by) BOARD ACTION the 3oard of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 1, 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-i-'' G puI1S Amount: Unspecified Section 913 and 915.4. Please note all Warnings ,, , !) •. �98I CLAIMANT: MACY' S CALIFORNIA, A DIVISION OF RH MACY' S , INC . C/oDaniel M. Crawford, Esq. CONSOLIDATED FIRE DISTRIX' CA g - 5 ATTORNEY: Carroll, Burdick & McDonough 5 , One ;',Ecker Bldg. #400 Date received ADDRESS: Sari Francisco , CA 94105 BY DELIVERY TO CLERK ON October 23 , 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. DATED: October 26, 1987 JYIL BATCHELOR, Clerk eputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. (ziR, This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying 11 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: z2zBY: y County Counsel a� �,�� 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 u 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 1 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, youjshould 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 1987 BY: PHIL BATCHELOR by Z �J Deputy Clerk CC: County Counsel County Administrator SII U �I I .CL42M TO: BOARD OF SUPERVISORS OF CONTRA CONT-4rAWYappiicationto: Instructions f to ClaimantVerk of the Board a ,SVy I�ioE M ninez,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) 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 or-this form. RE: Claim by )Reserve lerk's filing stamps Macy' s California, a division � Red IVED of RH Macy' s , Inc. ) Against the COUNTY OF CONTRA COSTA) OC T X98 j ) or CONSOLODATED FIRE DISTRICT) A * pca (Filln name ) er .. .. The' undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ Unknown and in support of this claim represents as follows: " T. When did the damage or in3ury occur? Give exact date and hour] December 23 , 1985 at approximately 8 : 30 p.m. Macy' s received notice of the lawsuit on or about July 21, 1987 and cause of action for indemnity did not arise before that date. --- --- T - -------- ------------ ----------- - ----T- -- ----- --- WSere dad-t5e damage or .in3ury occur? ZInclude city and county] Sunvalley Shopping Center, City of Concord, County of Contra Costa. 37--i-ow--did-the dame a or in3ur occur? T -- - - T g 3 y Gave cull-details,-use-eztia-' sheets if required) See attached page 1. a.- What"particular act or omission on the part of county or distract officers, servants or employees caused the injury or damage? The county, the district and its servants and employees negligently constructed, maintained, operated and/or managed Buchanan Field Airport and other public property. The said county, district and its employees and servants are liable in strict liability for maintaining, operating and/or managing the airport and other public property in its dangerous and defective condition'. (over) 3. A Beechcraft Baron aircraft crashed into the roof of Sunvally Shopping Center, killing the pilot and passengers and injuring shoppers in the mall. Macy's has been named as a defendant in a Master Consolodated Complaint filed in Contra Costa Superior Court, Coordination No. 2026 (Exhibit A hereto) . Macy',s seeks indemnity for the claims asserted in that Master Complaint. Please see the Master Complaint for further details. 6. Plaintiffs seek general and specific damages, funeral and burial expenses, prejudgment interest, costs of suit and further relief as is deemed proper. See Exhibit A attached. Macy'is claim is for complete and/or partial indemnity of any recovery against Macy' s by any and all plaintiffs named in the Master Consolodated Complaint claiming damages due to the aircrash. The accident out of which the claim arose occurred on December 23, 1985. The cause of action for indemnity arose on or about July 21, 1987. PWG/kmf c:wp\Karen:PubEntCl. r 1 Li son Counsel for Plaintiffs: D 2 _ Lia GERALD C. STERNS 3 LAW OFFICES OF sur] 11987 4 STERNS, WALKER & GRELL 280 Utah Street j. R. 0=1jrq, bounty Clerk 5 San Francisco, CA 94103 COrrrxA COSTA COUNTY 6 Telephone: (415) 626-1000 f! �" cr�'�_ 7 Plaintiffs ' Steering Committee: 8 RALPH W. BASTIAN, JR. RICHARD E. BROWN 9 WALKUP, SHELBY, BASTIAN, MELODIA, LAW OFFICES OF 10 KELLY & O'REILLY MELVIN M. BELLI, SR. 650 California Street, 30th Floor 722 Montgomery Street 11 San Francisco, CA 94108 San Francisco, CA 94111 12 Telephone: (415) 981-7210 - Telephone: (415) 981-1849 13 JOE R. McCRAY MICHAEL MOORS' A LAW CORPORATION CARTWRIGHT, SUCHERMAN & 114 433 Turk Street SLOBODIN 15 San Francisco, CA 94102 101 California Street, 116 Telephone: (415) 775-3900 26th Floor San Francisco, CA 94111 117 JOHN E. SKEATH Telephone: (415) 433-0440 118 MILLER & HINKLE 2007 West Hedding Street 19 San Jose, California 95128 SUMMONS ISSUED I20 Telephone: (408) 296-4216 21 22 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA i23 IN AND FOR THE_ COUNTY OF CONTRA COSTA 124 25 ' 26 Coordination Proceeding ) JUDICIAL COUNCIL COORDINATION 127 Special Title (Rule 1550 (b) ) ) PROCEEDING NO. 2026 28 ) 29 SUN VALLEY AIR CRASH CASES ) MASTER CONSOLIDATED COMPLAINT FOR DAMAGES ON BEHALF 30 ) OF ALL PERSONAL INJURY AND 31 ) WRONGFUL DEATH PLAINTIFFS ) 32 ) 1 33 34 COME NOW the personal injury and wrongful death plaintiffs 35 and pursuant to Leave of Court and for a Master Consolidated 36 oft"of COO _1_ EXHIBIT A SO�� 1 Complaint for damages in the above-entitled Coordination Proceeding 2 do allege as follows: 3 4 GENERAL ALLEGATIONS 5 6 1. Parties Plaintiff: 7 This Master Consolidated Complaint is filed on behalf of 8 all personal injury and wrongful death plaintiffs having causes of 9 action arising out of the Sun Valley Mall air disaster of Decem- 10 ber 23, 1985, who have heretofore filed complaints for damages in 11 the Superior Court, and supercedes the allegations therein. These 12 allegations relate back to the time of filing of such individual 13 complaints. The identity and capacity of the parties plaintiff is 14 incorporated from each complaint heretofore filed which are listed 15 in the Appendix to this Master Consolidated Complaint. 16 17 2. Parties Defendant: 18 The defendants in this matter, for the purposes of this 19 Complaint, are grouped and identified as follows: 20 21 "Property Defendants": 22' Sun Valley Associates,' dba, Sun Valley Mall Shopping 23 Center; 24 The Taubman Co. , Inc. , a Michigan Corporation; 25 26 Wells Fargo Bank, as Trustee and Successor-in-interest to the Taubman, Co. , Inc. ; 27 28 R.H. Macy 6 Co. , Inc. 29 Does 1 through 100. 30 "Public Entity Defendants": 31 32 County of Contra Costa 33 City of Concord 34 City of Pleasant Hill 35 36 Does 101 through 200. lw Me"of "a.Warr c G"I -2- '. !e0 uun stray 'ro "mG9r103 1it "Aircraft Defendants 2 Estate of James Mountain Graham, deceased; 3 4 Ark Distributing Company, Inc. , a California corporation; 5 James Mageean; 6 Linda Mageean; 7 8 General Aviation Services 9 General Air Services, Inc. 10 Reliant Aviation; 11 12 Nancy Hartshorn; 13 Francis DeRenzi; 14 Nancy Hartshorn; 15 16 Reliant Aviation; 17 Diablo Aviation; 18 L. Lee Kaufthiel; 19 20 Anthony Mageean; 21 Does 201 through 300. 22 „ 23 "Product Defendants":. 24 Beech Aircraft Corporation, a division of the Raytheon 25 Company; 26 Beechcraft West, a California corporation; 27 28 Teledyne Continental Motors, a division of Teledyne Industries (initially sued as a fictitiously named 29 defendant in some cases) ; 30 The Jeppessen Sanderson Co. (initially sued as a ficti- 31 tiously named defendant) ; and 32 Does 301 through 400. 33 34 3. Vicarious Liability: 35 Plaintiffs allege vicarious liability against each and all 36 of the defendants named herein on all theories available and as may Gw OnIcH d A&Waw*r GM1 -3- e0 u.n sU teem.CA 9103 I be developed by the proof, including agency, joint venture, alter 2 ego, respondeat superior, or otherwise, and allege that each of the 3 defendants named herein is vicariously responsible for the acts and 4 omissions of each of the remaining defendants, within their 5 respective groups. 6 7 4 . Fictitiously Named Defendants : 8 The defendants. designated herein as Does 1 through 400, 9 inclusive, and each of them, are sued by such fictitious names 10 because either their identity, capacity, connection with the events 11 and circumstances set forth herein, or the legal basis underlying 12 their liability is not presently fully known to the plaintiffs. 13 Each of said fictitiously named defendants is liable in some form or 14 manner to the plaintiffs herein for the events and circumstances set 15 - forth, and contributed in some manner to the injuries and damages 16 sustained. 17 18 5. Injuries, Damages and Causation: 19 Each of the plaintiffs herein has sustained injury and 20 damages proximately and legally as a result of the acts, omissions 21 or other breach of duty by one or more of the defendants herein. 22 The allegations of such injury and damages as set forth in the indi- 23 vidual complaints listed in Appendix A are incorporated herein by - 24 reference, and additionally, such plaintiffs seek damages as may be 25 appropriate and sustained by the proof for (1) general damages; 26 (2) loss of consortium; (3) negligently inflicted emotional distress 27 to include Dillon v. Legg cases and similar claims; ('4) intentional 28 infliction of emotional distress; (5) damages for wrongful death, 29 both economic and otherwise; (6) surviving damages under Probate 3o Code 5583; and (7) damages for apprehension of death or injury prior 31 to impact. 32 33 6. General Facts Giving Rise To Liability: 34 On or about December 23, 1985, a Beech Baron aircraft, 35 Model 95A-55, bearing U.S. registration number N1494G, crashed into 36 the Sun Valley Shopping Mall while apparently attempting to land in L"offim of "m Wier 6 GN —4- 200 4-200 U"S&W i Frmcaq CA 94 103 I conditions of impaired visibility at Buchanan Field, located in the 2 City of Concord, and/or Pleasant Hill, Contra Costa County, 3 California. The aircraft was being permissibly operated by James 4 Mountain Graham, now deceased, and Graham and the "aircraft defen- 5 dants" with the exception of defendant General Air Service, had, in 6 some manner, some form of ownership or proprietary interest in said 7 aircraft. Defendant General Air Service had performed some mainte- 8 nance, service, inspection and/or repair on the aircraft prior to 9 the accident. As a result of the aircraft crashing into the Sun 10 Valley Shopping Mall, extensive damage was done and there were 11 numerous personal injuries and wrongful deaths, as is more specifi- 12 cally alleged in the individual complaints. 13 14 ALLEGATIONS AS TO THE PROPERTY DEFENDANTS 15 16 .7. These Defendants, and each of them, conceived, 17 planned, designed, engineered, constructed, created, managed, placed 18 into the stream of commerce, and operated and controlled, a public 19 shopping center or mall, including the buildings and the materials 20 used in the construction thereof. This shopping mall is known as 21 The Sun Valley Mall Shopping Center and is located at One Sun Valley 22 Mall in the City of Concord and/or the City of Pleasant Hill, Contra 23 Costa County, State of California. 24 8. Said defendants selected and obtained the site of the 25 shopping center from available and inexpensive land in close Proxim- 26 ity to the existing Buchanan Field Airport, knowing that its close 27 proximity would place the shopping center in a heavily trafficked 28 air corridor, under the foreseeable and probable flight path of air- 29 craft on a regular and ongoing basis, and therefore at an unreason- 30 able risk. Said defendants knew or should have known that airport 31 traffic at Buchanan was increasing and would continue to increase, 32 and that the increase in traffic was encouraged and accelerated by 33 public officials. Despite that knowledge, warnings, and protests 34 concerning the location and proliferation of such high density 35 structures near the airport, said defendants knowingly located the 36 L..0mkh at M&Wawa c Gra —5- 2W Usti sae" FWK-GC0.G 94103 I center in a zone of danger and designed it to attract large numbers 2 of the public. 3 9. In so designing and locating the shopping center, 4 defendants also knew that large concentrations of people would be a 5 the center in times of predictable and foreseeable inclement 6 weather, including conditions of reduced visibility from the air by 7 reason of fog, rain, mist and otherwise. Said defendants knew or 8 should have known that under circumstances of impaired visibility, 9 aircraft could and, in all probability, would, deviate from an 10 intended flight path in close proximity to the shopping mall and 11 thereby create a foreseeable risk of major disaster. 12 10. Said defendants also planned, designed, constructed 13 and maintained the shopping center in a manner that was in addition 14 to the dangerous proximity to Buchanan Field, dangerous, hazardous 15 and confusing to air traffic attempting to use the field. 16 11. Said defendants, and each of them, were in the busi- 17 ness of creating and placing into the stream of commerce shopping 18 facilities, including the buildings and components thereof, for the 19 purpose of the mass merchandising of goods -and services to the pub- 20 lic. The defendants created the Sun Valley Shopping Mall as alleged 21 above, as a commercial venture, knowing and intending that the shop- 22 ping center would be frequented by large numbers of the public for 23 commercial purposes. At the time said defendants placed the 24 shopping center in question into the stream of commerce, it was 25 defective and unsafe for its intended purposes and did not meet rea- 26 sonable consumer expectations of safety. In addition to the dangers 27 of the location, construction and design of the center as set forth 28 above, inadequate provisions had been made for the safety of patrons 29 and visitors thereto, not only with respect to the probability of an 30 accident occurring involving an aircraft attempting to land at the 3I Buchanan Field, but additionally with respect to the consequences of 32 such an accident or other disaster, including lack of warning, crowd 33 control, disaster plan, escape routes, fire retardation, structural 34 safety and other matters. 35 12. These defendants were negligent in failing to have 36 and implement a proper disaster or survival or emergency plan in lw O"k-"of WM&WOW c&to —6- 280 u.n sum FINKO ,a 94103 I view of foreseeable calamities that could pose a threat to the 2 safety of large numbers of persons in and about the said shopping 3 mall, and were negligent in failing to carry out such plan to mini- 4 mize injury and damage to persons or property after the aircraft 5 impacted the shopping center as aforesaid. 6 13. Said defendants, in planning, creating, locating, 7 constructing and maintaining the shopping center as alleged, were 8 negligent, and further acted with conscious disregard to the public 9 safety and to the probable consequences of the location and nature 10 of the shopping center in that, among other things, said defendants 11 had to know of: the danger of high concentration of person and 12 buildings in a heavily trafficked air corridor in close proximity to 13 Buchanan Field; the inevitability of aircraft attempting to navigate 14 near said field under impaired conditions of visibility; potential 15 confusion on the part of pilots attempting to land at Buchanan 16 Field; and of the increasing use of the shopping center as popula- 17 tion expanded, coupled with increasing traffic at the Field. These is defendants acted maliciously, wantonly, and willfully and in such 19 manner as to make them liable for punitive and exemplary damages. 20 21 ALLEGATIONS AS TO THE PUBLIC ENTITY DEFENDANTS 22 23 14. These defendants negligently permitted, allowed and 24 encouraged the construction of the Sun Valley Shopping Mall as 25 alleged above with respect to the "property defendants, " and in 26 close proximity to an existing airport and heavily trafficked air 27 corridors. In so doing, they created and maintained a dangerous and 28 hazardous condition and created confusion and deceptive circum- 29 stances to any aircraft attempting to land at Buchanan Field under 30 conditions of impaired visibility. 31 15. These defendants were further negligent in permit- 32 ting, encouraging and ratifying the increased use of the Buchanan 33 Field Airport and the continued growth and building in close proxim- 34 ity to said airport to the point that the density of aircraft activ- 35 ity exceeded the reasonable capacity of such airport and the safe 36 limits of air traffic. 1..oekh or .w.a,.c Wd -7- ZW a.e soM Fr"Ket0.U 94 103 1 16. These defendants owned and controlled the Buchanan 2 Field Airport and areas adjacent thereto, and said areas were and 3 are public property. 4 17. These defendants negligently failed to properly 5 supervise and control aircraft operations, including take-offs and 6 landings from and to Buchanan Field Airport under dangerous or haz- 7 ardous conditions, including conditions of limited visibility such 8 as obtained on the evening of December 23, 1985. 9 18 . These defendants negligently failed to assess the 10 potential consequences of a changed approach pattern for aircraft t 11 Buchanan Field Airport, and failed adequately to disseminate infor- 12 mation about the changed approach pattern or to make any warnings 13 with respect thereto. 14 19. These defendants were negligent in the ratification 15 and approval of the placement and construction of the Sun Valley 16 Mall in its location in close proximity to Buchanan Field Airport 17 and in the heavily trafficked air corridors and foreseeable flight Is path of aircraft using Buchanan Field Airport, in the manner and 19 particulars alleged as to the property defendants above. 20 20. These defendants were negligent in and about the 21 planning, approval and inspection of the buildings and structures 22 which comprise the Sun Valley Mall, in that inadequate fire, escape 23 and survivability standards with respect to said shopping mall were 24 applied or required. 25 21. The aforementioned public property under the juris- 26 diction, supervision and control of these defendants was also 27 created and maintained in a dangerous condition that created a fore- 28 seeable and substantial risk of harm to the public when the property 29 was used with due care. These defendants also knew or should have 30 known of the above dangerous and defective conditions of the public 31 property for a substantial period of time prior to December 23, 32 1985, and for long enough prior to said date that said defendants • 33 could have remedied the condition or given adequate warning -thereof. 34 These defendants also created and maintained a public and private 35 nuisance with respect to the design, construction and location of 36 the Sun Valley Shopping Center and its continued operation in close L&W oekn or WM&WWkff G Gre4 —8- 200 Utah Stre" t ftenceco.CA 94103 I proximity to the Buchanan Field Airport with the known and potentia 2 dangers as alleged herein. 3 22. Prior to the commencement of the individual actions, 4 timely and appropriate claims were filed with the various entity 5 defendants named herein with regard to all causes of action upon 6 which plaintiffs filing claims intend to proceed. The filing of 7 such claims and the rejection or inaction with respect to said 8 claims is set forth in the Appendix appended to this Complaint and 9 incorporated herein by reference. 10 11 ALLEGATIONS AS TO THE AIRCRAFT DEFENDANTS 12 13 23 . At all times herein mentioned, these defendants and 14 each of them have either an ownership or other proprietary interest 15 in the above-described Beech Baron aircraft or were otherwise 16 responsible for the maintenance, service, repair, inspection and/or 17 operation of said aircraft or otherwise participated in such. 18 24 . These defendants and each of them were negligent 19 about the matters set forth in paragraphs 6 and 23 above so as to 20 cause and contribute to .the crash of the Beech Baron aircraft into 21 the Sun Valley Shopping Mall. 22 i - 23 ALLEGATIONS AS TO THE PRODUCT DEFENDANTS 24 25 (A) As to the Product Defendants, except the Jeppessen 26 Sanderson Company and Does 376 through 400: 27 25. These defendants, and each of them, were engaged in 28 the business of designing, manufacturing, distributing and/or sell- 29 ing airplanes and air frames (including component parts) , and air- 30 craft engines and the component parts thereof, and each of said 31 defendants designed, manufactured, distributed, sold and/or other- 32 wise placed into the stream of commerce the said Beech Baron air- 33 craft and/or its engines and component parts. 34 26. Said defendants, and each of them, expressly or 35 impliedly warranted that the said aircraft, its engines and 36 component parts were airworthy and of merchantable quality, and fit L .Offices o1 tema W660 G Gel -9- 2W u.e Street %F«rcnco.CA 94103 I and safe for the purpose for which it was designed, manufactured, 2 sold and intended, and free from all defects. In reliance thereon, 3 the aircraft defendants named herein, or one or more of them, did 4 purchase or otherwise acquire an interest in said aircraft and 5 component parts and used it for the purpose for which intended. 6 27. Said defendants, and each of them, breached the'-war- 7 ranties as set forth above, in that said aircraft, its engines and 8 component parts were not in fact airworthy nor of merchantable qual- 9 ity, nor fit nor safe for the use and purpose for which designed, 10 manufactured, assembled, sold and intended. 11 28 . Said Beech Baron aircraft, its engines and component 12 parts were defective, both in design and manufacture, and on account 13 of inadequate instructions and warnings , as of the time it was 14 placed into the stream of commerce by the defendants and each of 15 them. As a legal and proximate result of said defect„i.veness, the 16 aircraft was caused to and did crash into the Sun Valley Mall as 17 hereinabove alleged. 18 29 . Said defendants , and each of them, were also negli- 19 gent in and about the design, construction, manufacture, sale and 20 distribution of the said Beech Baron aircraft, its engines and com- 21 ponent parts, and such negligence was also a contributing legal and 22 proximate cause of the events and circumstances complained of 23 herein. 24 25 (B) As to the product defendants the Jeppessen Sanderson 26 Company and Does 376 through 400 : 27 30. These defendants prepared, compiled, disseminated and 28 placed into the stream of commerce certain written and printed 29 information about airfields such as Buchanan Field and surrounding 30 and adjacent conditions , commonly known as approach plates or airway 31 charts, which purported to give operators of aircraft accurate 32 information concerning many of the specifics of any given airport, 33 including the proper approach thereto and any hazards, dangers or 34 obstructions that might ordinarily be encountered. 35 31. Said approach plates or airway charts were products, 36 created by these defendants who were in the business of distributing Low Offices of ;terns.Welker G Greif _10- 200 10- 200 Utah Street m Francisco.CA 94103 I such, and were placed into the stream of commerce by these defen- 2 dants : The approach plates or airway charts with respect to 3 Buchanan Field Airport were defective in design and manufacture and 4 did not meet reasonable consumer expectations as to the accuracy 5 thereof in that they did not accurately depict the hazards and othe 6 conditions about and near the Buchanan Field Airport that might be 7 dangerous, confusing or deceptive to aircraft attempting to land at 8 Buchanan Field under conditions of low visibility. This defect con - 9 tributed as a proximate and legal cause of the aircraft in question 10 crashing into the Sun Valley Shopping Mall. 11 32. These defendants were also negligent in and about the 12 compilation, preparation, sale and dissemination of the approach 13 plates and airway charts for Buchanan Field Airport in that they 14 were deficient in the same manner and particulars as set forth in 15 paragraph 25 above. This negligence also contributed as a proximate 16 and legal cause of the aircraft in question crashing into the Sun 17 Valley Shopping Mall. 18 19 (C) As to the product defendants Teledyne Continental Motors, 20 a division of Teledyne Industries, and Jeppessen Sanderson Company: 21 33. As to such complaints wherein said defendants were 22 not specifically named initially, a cause of action was stated 23 against each of them as a fictitiously named defendant. In such 24 complaints, the plaintiffs) did not designate such defendant spe- 25 cifically because he or she or they were, at the time of such origi- 26 nal filing of the complaint, ignorant and not fully aware of either 27 the identity, capacity, connection of said defendants with the 28 events and circumstances set forth herein, or the legal basis under- 29 lying the liability of such defendants. As to such cases, a list of 30 the fictitious designation is contained in the Appendix hereto. 31 WHEREFORE, judgment is prayed as follows : 32 1. For a determination of the liability of the various 33 defendants, as identified herein, as to the plaintiffs in this con- 34 solidated master complaint; 35 2. For a determination and award of the damages sus- 36 tained by the plaintiffs who are parties to this complaint; Iw OOkn Of VM W.u«c GM -11- 180 UWh Street 'rwmwo.G 94103 V 1 3. For punitive damages as may be established by proof 2 and may be appropriate under the law; 3 4 . For costs of suit; and 4 5. For such other and further relief as may be deemed 5 proper by the Court. 6 - 7 DATED: June 1, 1987 LIAISON COUNSEL FOR PLAINTIFFS AND PLAINTIFFS ' STEERING COMMITTEE 8 9 10 By 11 12 13 14 15 16 17 18 19 20 21 22 23 - 24 25 26 27 28 29 30 31 32 33 34 35 36 060187/1611An LI CXrwn of "S.wawe 6 Gad .12— '8D 1Z—!!D Wh Sues 4sncam G 94103 .. .. ........ ._._. _._. . ... . . ...._may..... c c N N r•1 N N N fat .-1 N taf fat 0 C 0 O D D O ti �a to Z fo E E R c c U U rf a >I a, m m m .-4 fn tr O+ r•4 4J w w «. ... w . 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W a c c W -0 ca O Or a to t to w Uw Z Nt0) •4 do rn t d U w u E W t 41 D) 44 E W 0 z E c a o >, to m .4 a ►» O fn it c • >,.0 a+ E D U ww c .4wO+ d3 co d E m m .-+ W ••4 c 0 4 Cl fA m a N .+ c N m o O w •.+ z a n m 3 to 4) c w N r rm w = .4 a) .a OD �v W 1J C6 4 N r N G! f•1 dC O E E Ln .•I OD E DD E o o rn o+ r m co w o N U Z N N %O •-I OD C w f9 a %D rn C) O+ %0 OD y .r c C C •,q J.) m m •� a+ c •4 >, W C m C N C V% O L1.L O Q+ c m ++ Ec Ernfl. fnv m w c Uo .. w o mU ul�o 7 `�U W 0 U S m x to D] 0 CLAIM /`T 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 1, 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 " arninaas.. CLAIMANT: MACYIIS CALIFORNIA, A DIVISION OF RH MACY' S, INC . �U "Y Counse► c/o Daniel M. Crawford, Esq. OCT 2 7 1987 ATTORNEY: Carroll, Burdick & McDonough One Ecker Bldg. #400 Date received Martinez, CA 94 5 ADDRESS: San Francisco, CA 94105 BY DELIVERY TO CLERK ON October 23 , 1987 hand gel . BY MAIL POSTMARKED: no postmark I. FROM: Clerk of the Joard of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 23 , 1987 JYIL BATCHELOR, Clerk eputy W, 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: X22 BY: pu 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: 1 certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DE C 1 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; 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 1,987 BY: PHIL BATCHELOR byZ�/Aeputy Clerk CC: County Counsel County Administrator .L&14, TO: SOARD OF SUPERVISORS OF CONTRA COPk Rxappucation to: Instructions to ClaimantC!erk of the Board M rtinez,Calitomla 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. •*�**.+ref:*:,r••�***r**�,►***�*t#*:*+e*f:••::*�**:::t*****��t***�:**:*•:*�* RE: Claim by )Reser v ' g stamps ' FRECEIVED p Macys California , a division ) of RH Macy' s . Inc. ) Against the COUNTY OF CONTRA COSTA) OCTZ 1987 MOZI,mmxxxxxxxxxxxxxxxxxxxxxxX�j�i �'Q�) U 0160N$ F1 n name The' undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ Unknown and in support of this claim represents as follows: I. When did the damage or Injury occur? ZGive exact date ani hour] December 23 , 1985 at approximately 8 : 30 p.m. Macy' s received notice of the lawsuit on or about July 21, 1987 and cause of action for indemnity did not arise before that date. -- -�- T -- -- -------- T------------ ----s------------- ---- �. W�iere did t5e damage or .In3ury occur? ZInclude city and county] Sunvalley Shopping Center, City of Concord, County of Contra Costa. 3. How did the damage or injury occur? utaiIs, use extra sheets if required) See attached page 1. ----------•t-----------------��-----------------------------T..--IR- a.- What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? The county, the district and its servants and employees negligently constructed, maintained, operated and/or managed Buchanan Field Airport and other public property. The said county, district and its employees and servants are liable in strict liability for maintaining, operating and/or managing the airport and other public property in its dangerous and defective condition-. (over) 5. What are the names of county or district officers, servant's ori employees causing the damage or injury? Unknown at this time W�iat damage or ln3uries coo you claim resulte3? ZGlve dull extent of injuries or damages claimed. Attach two estimates for auto damage) See attached Page 1. 7. How was the amount claimed above computed? ?Include the estimated--- amount of any prospective injury or damage. ) This is a claim for total indemnity. The amount of damages will be determined by the injured parties ' recovery against this claimant. --- ------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. See attached Exhibit A. Investigation is continuing with regard to any potential Witnesses. The Consolodated First pistrict and Concord Police Department reports covering the accident list potential witnesses . S. Lls� he ,expen�iitukea ou made on account of this accident or in0ury: ATE £ " ' ITEM AMOUNT dy' s has incurred and is incurring substantial investigative ense costs, inclu " ng attorneys fees and further may be s ject to the payme of damages to injured parties and Macy' s s ks :inderinification for all such damages. Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by ,4me person on his behalf. " Name and Address of Attorney r Daniel M. Crawford, Esq. Claimant's-Signature Carroll, Burdick & McDonough fo Macy' s California One Ecker Bldg. , Suite 400 Address San Francisco, CA 94105 P.O. Box 7888 415/ 495-0500 San Francisco, CA 94120 Telephone No. Telephone No. 415/954-6014 Attn: William H. King, ice NOTICE Section 72 of the Penal Code provides: J "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " 3. A Beechcraft Baron aircraft crashed into the roof of Sunvally Shopping Center, killing the pilot and passengers and injuring shoppers in the mall . Macy' s has been named as a defendant in a Master Consolodated Complaint filed in Contra Costa Superior Court, Coordination No. 2026 (Exhibit A hereto) . Macy' s seeks indemnity for the claims asserted in that Master Complaint. Please see the Master Complaint for further details. 6. Plaintiffs seek general and specific damages, funeral and burial expenses, prejudgment interest, costs of suit and further relief as is deemed proper. See Exhibit A attached. Macy,' s claim is for complete and/or partial indemnity of any recovery against Macy' s by any and all plaintiffs named in the Master Consolodated Complaint claiming damages due to the aircrash. The accident out of which the claim arose occurred on December 23, 1985. The cause of action for indemnity arose on or about July 21, 1987. PWG/kmf c:wp\Karen:PubEntCl . 1 Li son Counsel for Plaintiffs: D _ 2 _ 0 E GERALD C. STERNS 3 LAW OFFICES OF VIM 11987 4 STERNS, WALKER & GRELL 280 Utah Street ), R, OLA CO (Aunty Clerk 5 San Francisco, CA 94103 CONTRA COSTA CONY 6 Telephone: (415) 626-1000 7 Plaintiffs ' Steering Committee: 8 RALPH W. BASTIAN, JR. RICHARD E. BROWN 9 WALKUP, SHELBY, BASTIAN, MELODIA, LAW OFFICES OF 10 KELLY & O'REILLY MELVIN M. BELLI, SR. 650 California Street, 30th Floor 722 Montgomery Street 11 San Francisco, CA 94108 San Francisco, CA 94111 12 Telephone: (415) 981-7210 Telephone: (415) 981-1849 13 JOE R. McCRAY MICHAEL MOORE•' A LAW CORPORATION CARTWRIGHT, SUCHERMAN & 114 433 Turk Street SLOBODIN 15 San Francisco, CA 94102 101 California Street, X16 Telephone: (415) 775-3900 26th Floor San Francisco, CA 94111 117 JOHN E. SKEATH Telephone: (415) 433-0440 118 MILLER & HINKLE 2007 West Hedding Street 119 San Jose, California 95128 SUMMONS ISSUED 20 Telephone: (408) 296-4216 21 X22 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA i 123 IN AND FOR THE, COUNTY OF CONTRA COSTA 124 i 25 : 26 Coordination Proceeding ) JUDICIAL COUNCIL COORDINATION 27 Special Title (Rule 1550 (b) ) ) PROCEEDING NO. 2026 28 ) 29 SUN VALLEY AIR CRASH CASES ) MASTER CONSOLIDATED COMPLAINT FOR DAMAGES ON BEHALF 30 ) OF ALL PERSONAL INJURY AND 31 ) WRONGFUL DEATH PLAINTIFFS 32 ) 33 34 COME NOW the personal injury and wrongful death plaintiffs 35 and pursuant to Leave of Court and for a Master Consolidated 36 L"Oftes d _1_ EXHIBIT A L.w�&Q" WUtah$we" nncnto.CA 94 103 . . . ,.. _.._...c... — -_ ...,.. •.►.:moi::.. , 1 Complaint for damages in the above-entitled Coordination Proceeding 2 do allege as follows: 3 4 GENERAL ALLEGATIONS 5 6 1. Parties Plaintiff: 7 This Master Consolidated Complaint is filed on behalf of 8 all personal injury and wrongful death plaintiffs having causes of 9 action arising out of the Sun Valley Mall air disaster of Decem- 10 ber 23, 1985, who have heretofore filed complaints for damages in 11 the Superior Court, and supercedes the allegations therein. These 12 allegations relate back to the time of filing of such individual 13 complaints. The identity and capacity of the parties plaintiff is 14 incorporated from each complaint heretofore filed which are listed 15 in the Appendix to this Master Consolidated Complaint. 16 17 2. Parties Defendant: 18 The defendants in this matter, for the purposes of this 19 Complaint, are grouped and identified as follows: 20 21 "Property Defendants" : 22 Sun Valley Associates,' dba, Sun Valley Mall Shopping 23 Center; 24 The Taubman Co. , Inc. , a Michigan Corporation; 25 26 Wells Fargo Bank, as Trustee and Successor-in-interest to the Taubman, Co. , Inc. ; 27 28 R.H. Macy & Co. , Inc. 29 Does 1 through 100. 30 "Public Entity Defendants": 31 32 County of Contra Costa 33 City of Concord 34 City of Pleasant Hill 35 36 Does 101 through 200. LOW Omen d IM.w.lu.r&ara -2- '. 200 UWh sum irvmwao CA 94103 1 "Aircraft Defendants" : 2 Estate of James Mountain Graham, deceased; 3 4 Ark Distributing Company, Inc. , a California corporation; 5 James Mageean; 6 Linda Mageean; 7 8 General Aviation Services 9 General Air Services, Inc. 10 Reliant Aviation; 11 12 Nancy Hartshorn; 13 Francis DeRenzi; 14 Nancy Hartshorn; 15 16 Reliant Aviation; 17 Diablo Aviation; 18 L. Lee Kaufthiel; 19 20 Anthony Mageean; 21 Does 201 through 300. 22 23 "Product Defendants":. 24 Beech Aircraft Corporation, a division of the Raytheon 25 Company; 26 Beechcraft West, a California corporation; 27 28 Teledyne Continental Motors, a division of Teledyne Industries (initially sued as a fictitiously named 29 defendant in some cases) ; 30 The Jeppessen Sanderson Co. (initially sued as a ficti- 31 tiously named defendant) ; and 32 Does 301 through 400. 33 34 3. Vicarious Liability: 35 Plaintiffs allege vicarious liability against each and all 36 of the defendants named herein on all theories available and as may Uw Of"a em.Ws1w G G.I -3- 280 wn Sam Franca CA 94103 I be developed by the proof, including agency, joint venture, alter 2 ego, respondeat superior, or otherwise, and allege that each of the 3 defendants named herein is vicariously responsible for the acts and 4 omissions of each of the remaining defendants, within their 5 respective groups. 6 7 4 . Fictitiously Named Defendants : 8 The defendants. designated herein as Does 1 through 400, 9 inclusive, and each of them, are sued by such fictitious names 10 because either their identity, capacity, connection with the events 11 and circumstances set forth herein, or the legal basis underlying 12 their liability is not presently fully known to the plaintiffs. 13 Each of said fictitiously named defendants is liable in some form or 14 manner to the plaintiffs herein for the events and circumstances set 15 forth, and contributed in some manner to the injuries and damages 16 sustained. 17 18 5. Injuries, Damages and Causation: 19 Each of the plaintiffs herein has sustained injury and 20 damages proximately and legally as a result of the acts, omissions 21 or other breach of duty by one or more of the defendants herein. 22 The allegations of such injury and damages as set forth in the indi- 23 vidual complaints listed in Appendix A are incorporated herein by - 24 reference, and additionally, such plaintiffs seek damages as may be 25 appropriate and sustained by the proof for (1) general damages; 26 (2) loss of consortium; (3) negligently inflicted emotional distress 27 to include Dillon v. Legg cases and similar claims; (4) intentional 28 infliction of emotional distress; (5) damages for wrongful death, 29 both economic and otherwise; (6) surviving damages under Probate 30 Code §583; and (7) damages for apprehension of death or injury prior 31 to impact. 32 33 6 . General Facts Giving Rise To Liability: 34 On or about December 23, 1985, a Beech Baron aircraft, 35 Model 95A-55, bearing U.S. registration number N1494G, crashed into 36 the Sun Valley Shopping Mall while apparently attempting to land in lw Oakes at PM.weave.c Gree .4- 200 uuh sueel frvmwc,G 94103 I conditions of impaired visibility at Buchanan Field, located in the 2 City of Concord, and/or Pleasant Hill, Contra Costa County, 3 California. The aircraft was being permissibly operated by James 4 Mountain Graham, now deceased, and Graham and the "aircraft defen- 5 dants" with the exception of defendant General Air Service, had, in 6 some manner, some form of ownership or proprietary interest in said 7 aircraft. Defendant General Air Service had performed some mainte- 8 nance, service, inspection and/or repair on the aircraft prior to 9 the accident. As a result of the aircraft crashing into the Sun to Valley Shopping Mall, extensive damage was done and there were 11 numerous personal injuries and wrongful deaths, as is more specifi- 12 cally alleged in the individual complaints. 13 14 ALLEGATIONS AS TO THE PROPERTY DEFENDANTS 15 16 .7. These Defendants, and each of them, conceived, 17 planned, designed, engineered, constructed, created, managed, placed 18 into the stream of commerce, and operated and controlled, a public 19 shopping center or mall, including the buildings and the materials 20 used in the construction thereof. This shopping mall is known as 21 The Sun Valley Mall Shopping Center and is located at One Sun Valley 22 Mall in the City of Concord and/or the City of Pleasant Hill, Contra 43 Costa County, State of California. 24 8. Said defendants selected and obtained the site of the 25 shopping center from available and inexpensive land in close proxim- 26 ity to the existing Buchanan Field Airport, knowing that its close 27 proximity would place the shopping center in a heavily trafficked 28 air corridor, under the foreseeable and probable flight path of air- 29 craft on a regular and ongoing basis, and therefore at an unreason- 30 able risk. Said defendants knew or should have known that airport 31 traffic at Buchanan was increasing and would continue to increase, 32 and that the increase in traffic was encouraged and accelerated by 33 public officials. Despite that knowledge, warnings, and protests 34 concerning the location and proliferation of such high density 35 structures near the airport, said defendants knowingly located the 36 La.Oakes at MW wasm c GNI —5- 200 Ulan 5"" i FrarK Ko.G►94103 I center in a zone of danger and designed it to attract large numbers 2 of the public. 3 9. In so designing and locating the shopping center, 4 defendants also knew that large concentrations of people would be a 5 the center in times of predictable and foreseeable inclement 6 weather, including conditions of reduced visibility from the air by 7 reason of fog, rain, mist and otherwise. Said defendants knew or 8 should have known that under circumstances of impaired visibility, 9 aircraft could and, in all probability, would, deviate from an 10 intended flight path in close proximity to the shopping mall and 11 thereby create a foreseeable risk of major disaster. 12 10. Said defendants also planned, designed, constructed 13 and maintained the shopping center in a manner that was in addition 14 to the dangerous proximity to Buchanan Field, dangerous, hazardous 15 and confusing to air traffic attempting to use the field. 16 11. Said defendants, and each of them, were in the busi- 17 ness of creating and placing into the stream of commerce shopping 18 facilities , including the buildings and components thereof, for the 19 purpose of the mass merchandising of goods and services to the pub- 20 lic. The defendants created the Sun Valley Shopping Mall as alleged 21 above, as a commercial venture, knowing and intending that the shop- 22 ping center would be frequented by large numbers of the public for 23 commercial purposes. At the time said defendants placed the 24 shopping center in question into the stream of commerce, it was 25 defective and unsafe for its intended purposes and did not meet rea- 26 sonable consumer expectations of safety. In addition to the dangers 27 of the location, construction and design of the center as set forth 28 above, inadequate provisions had been made for the safety of patrons 29 and visitors thereto, not only with respect to the probability of an 30 accident occurring involving an aircraft attempting to land at the 31 Buchanan Field, but additionally with respect to the consequences of 32 such an accident or other disaster, including lack of warning, crowd 33 control, disaster plan, escape routes, fire retardation, structural 34 safety and other matters. 35 12. . These defendants were negligent in failing to have 36 and implement a proper disaster or survival or emergency plan in L"Cakes d 280 WA Stnee n feeneeeo.CA 94 107 I view of foreseeable calamities that could pose a threat to the 2 safety of large numbers of persons in and about the said shopping 3 mall, and were negligent in failing to carry out such plan to mini- 4 mize injury and damage to persons or property after the aircraft 5 impacted the shopping center as aforesaid. 6 13. Said defendants, in planning, creating, locating, 7 constructing and maintaining the shopping center as alleged, were 8 negligent, and further acted with conscious disregard to the public 9 safety and to the probable consequences of the location and nature 10 of the shopping center in that, among other things, said defendants 11 had to know of: the danger of high concentration of person and 12 buildings in a heavily trafficked air corridor in close proximity to 13 Buchanan Field; the inevitability of aircraft attempting to navigate 14 near said field under impaired conditions of visibility; potential 15 confusion on the part of pilots attempting to land at Buchanan 16 Field; and of the increasing use of the shopping center as popula- 17 tion expanded, coupled with increasing traffic at the Field. These 18 defendants acted maliciously, wantonly, and willfully and in such 19 manner as to make them liable for punitive and exemplary damages. 20 21 ALLEGATIONS AS TO THE PUBLIC ENTITY DEFENDANTS 22 23 14. These defendants negligently permitted, allowed and 24 encouraged the construction of the Sun Valley Shopping Mall as 25 alleged above with respect to the "property defendants, " and in 26 close proximity to an existing airport and heavily trafficked air 27 corridors. In so doing, they created and maintained a dangerous and 28 hazardous condition and created confusion and deceptive circum- 29 stances to any aircraft attempting to land at Buchanan Field under 30 conditions of impaired visibility. 31 15. These defendants were further negligent in permit- 32 ting, encouraging and ratifying the increased use of the Buchanan 33 Field Airport and the continued growth and building in close proxim- 34 ity to said airport to the point that the density of aircraft activ- 35 ity exceeded the reasonable capacity of such airport and the safe 36 limits of air traffic. tw Of kn d *.n&WNkv G Gds —7- 200 uM sm" i Frwwwo.U 94103 1 16. These defendants owned and controlled the Buchanan 2 Field Airport and areas adjacent thereto, and said areas were and 3 are public property. 4 17. These defendants negligently failed to properly 5 supervise and control aircraft operations, including take-offs and 6 landings from and to Buchanan Field Airport under dangerous or haz- 7 ardous conditions, including conditions of limited visibility such 8 as obtained on the evening of December 23, 1985. 9 18 . These defendants negligently failed to assess the 10 potential consequences of a changed approach pattern for aircraft tc 11 Buchanan Field Airport, and failed adequately to disseminate infor- 12 oration about the changed approach pattern or to make any warnings 13 with respect thereto. 14 19. These defendants were negligent in the ratification 15 and approval of the placement and construction of the Sun Valley 16 Mall in its location in close proximity to Buchanan Field Airport 17 and in the heavily trafficked air corridors and foreseeable flight 18 path of aircraft using Buchanan Field Airport, in the manner and 19 particulars alleged as to the property defendants above. 20 20. These defendants were negligent in and about the 21 planning, approval and inspection of the buildings and structures 22 which comprise the Sun Valley Mall, in that inadequate fire, escape 23 and survivability standards with respect to said shopping mall were 24 applied or required. 25 21. The aforementioned public property under the juris- 26 diction, supervision and control of these defendants was also 27 created and maintained in a dangerous condition that created a fore- 28 seeable and substantial risk of harm to the public when the property 29 was used with due care. These defendants also knew or should have 30 known of the above dangerous and defective conditions of the public 31 property for a substantial period of time prior to December 23, 32 1985, and for long enough prior to said date that said defendants 33 could have remedied the condition or given adequate warning thereof. 34 These defendants also created and maintained a public and private 35 nuisance with respect to the design, construction and location of 36 the Sun Valley Shopping Center and its continued operation in close Law OM M of teens Welker 6 Greg —8- 290 ut.e sae" Fremmo.CA 94103 I proximity to the Buchanan Field Airport with the known and potentia 2 dangers as alleged herein. 3 22. Prior to the commencement of the individual actions, 4 timely and appropriate claims were filed with the various entity 5 defendants named herein with regard to all causes of action upon 6 which plaintiffs filing claims intend to proceed. The filing of 7 such claims and the rejection or inaction with respect to said 8 claims is set forth in the Appendix appended to this Complaint and 9 incorporated herein by reference. 10 11 ALLEGATIONS AS TO THE AIRCRAFT DEFENDANTS 12 13 23 . At all times herein mentioned, these defendants and 14 each of them have either an ownership or other proprietary interest 15 in the above-described Beech Baron aircraft or were otherwise 16 responsible for the maintenance, service, repair, inspection and/or 17 operation of said aircraft or otherwise participated in such. 18 24 . These defendants and each of them were negligent 19 about the matters set forth in paragraphs 6 and 23 above so as to 20 cause and contribute to the crash of the Beech Baron aircraft into 21 the Sun Valley Shopping Mall. 22 23 ALLEGATIONS AS TO THE PRODUCT DEFENDANTS 24 25 (A) As to the Product Defendants, except the Jeppessen 26 Sanderson Company and Does 376 through 400: 27 25. These defendants, and each of them, were engaged in 28 the business of designing, manufacturing, distributing and/or sell- 29 ing airplanes and air frames (including component parts) , and air- 30 craft engines and the component parts thereof, and each of said 31 defendants designed, manufactured, distributed, sold and/or other- 32 wise placed into the stream of commerce the said Beech Baron air- 33 craft and/or its engines and component parts. 34 26. Said defendants, and each of them, expressly or 35 impliedly warranted that the said aircraft, its engines and 36 component parts were airworthy and of merchantable quality, and fit 1...Orrin.a IML WOW i QOR -9- 280 Utah Site" N Fri Kum U 94103 I and safe for the purpose for which it was designed, manufactured, 2 sold and intended, and free from all defects. In reliance thereon, 3 the aircraft defendants named herein, or one or more of them, did 4 purchase or otherwise acquire an interest in said aircraft and 5 component parts and used it for the purpose for which intended. 6 27. Said defendants, and each of them, breached the war- 7 ranties as set forth above, in that said aircraft, its engines and 8 component parts were not in fact airworthy nor of merchantable qual- 9 ity, nor fit nor safe for the use and purpose for which designed, 10 manufactured, assembled, sold and intended. 11 28 . Said Beech Baron aircraft, its engines and component 12 parts were defective, both in design and manufacture, and on account 13 of inadequate instructions and warnings, as of the time it was 14 placed into the stream of commerce by the defendants and each of 15 them. As a legal and proximate result of said defectiveness , the 16 aircraft was caused .to and did crash into the Sun Valley Mall as 17 hereinabove alleged. 18 29. Said defendants , and each of them, were also negli- 19 gent in and about the design, construction, manufacture, sale and 20 distribution of the said Beech Baron aircraft, its engines and com- 21 ponent parts, and such negligence was also a contributing legal and 22 proximate cause of the events and circumstances complained of 23 herein. 24 25 (B) As to the product defendants the Jeppessen Sanderson 26 Company and Does 376 through 400: 27 30. These defendants prepared, compiled, disseminated and 28 placed into the stream of commerce certain written and printed 29 information about airfields such as Buchanan Field and surrounding 30 and adjacent conditions, commonly known as approach plates or airway 31 charts, which purported to give operators of aircraft accurate 32 information concerning many of the specifics of any given airport, 33 including the proper approach thereto and any hazards, dangers or 34 obstructions that might ordinarily be encountered. 35 31 . Said approach plates or airway charts were products, 36 created by these defendants who were in the business of distributing Low Offices of tans.walker L Oren _10- 280 10- 280(hen Street M Functsco.U 94103 I such, and were placed into the stream of commerce by these defen- 2 dants. The approach plates or airway charts with respect to 3 Buchanan Field Airport were defective in design and manufacture and 4 did not meet reasonable consumer expectations as to the accuracy 5 thereof in that they did not accurately depict the hazards and othe 6 conditions about and near the Buchanan Field Airport that might be 7 dangerous , confusing or deceptive to aircraft attempting to land at 8 Buchanan Field under conditions of low visibility. This defect con - 9 tributed as a proximate and legal cause of the aircraft in question 10 crashing into the Sun Valley Shopping Mall. 11 32. These defendants were also negligent in and about the 12 compilation, preparation, sale and dissemination of the approach 13 plates and airway charts for Buchanan Field Airport in that they 14 were deficient in the same manner and particulars as set forth in 15 paragraph 25 above. This negligence also contributed as a proximate 16 and legal cause of the aircraft in question crashing into the Sun 17 Valley Shopping Mall. 18 19 (C) As to the product defendants Teledyne Continental Motors, 20 a division of Teledyne Industries, and Jeppessen Sanderson Company: 21 33. As to such complaints wherein said defendants were 22 not specifically named initially, a cause of action was stated 23 against each of them as a fictitiously named defendant. In such 24 complaints, the plaintiff (s) did not designate such defendant spe- 25 cifically because he or she or they were, at the time of such origi- 26 nal filing of the complaint, ignorant and not fully aware of either 27 the identity, capacity, connection of said defendants with the 28 events and circumstances set forth herein, or the legal basis under- 29 lying the liability of such defendants. As to such cases, a list of 30 the fictitious designation is contained in the Appendix hereto. 31 WHEREFORE, judgment is prayed as follows: 32 1. For a determination of the liability of the various 33 defendants, as identified herein, as to the plaintiffs in this con- 34 solidated master complaint; 35 2. For a determination and award of the damages sus- 36 tained by the plaintiffs who are parties to this complaint; LO.onK..Of ML W80W 6 Greg -11- 2e0 we soca r,.mmo.u 94103 1 3. For punitive damages as may be established by proof 2 and may be appropriate under the law; 3 4 . For costs of suit; and 4 5. For such other and further relief as may be deemed 5 proper by the Court. 6 7 DATED: June 1, 1987 LIAISON COUNSEL FOR PLAINTIFFS AND PLAINTIFFS ' STEERING COMMITTEE 8 ' 9 10 By 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 060187/1611An L4 OIrkn of m:We&"L cue. —12- .00 Uun S~ FtrK-am U 94103 • C C N N - .-i N O O m m r4 - m m i N Eb frI r-1 N cn m d a� 0) C D A D Q O h a co F4 CL ca Z+ y Aj O O 0-4 iS C C r-4 r4 U V r- a E a • t; CT O r-4 41 W W .i .y W r-1 V E o O O O D W E- 63 a a t0 0 o .+ •a a y .0 N t+ W Z + O U 0 44 E O U a x x x z0a x x U C C < E W o a >4 y 14 U U a W - a E .+ j.,ra ►ar V z 1 41 Q A � q x x W O x x E a U � 0 x E J >, (l) M N W a 3 4+ T a to o41 WWW z a)L ) E) x x x NE- 4 x x 0 • r, M • aura to w ►, a ahW a., m Uaa O E c E •+ O x -4 1 aj x x x x x ►+ U >,ri C D •n - C+ w a ...+ "4 fa W U a O t0 O C+ 0) c O CL a a - c i s c $+ c .0 •o+ -1 c CL >10 d >,a • a •-.4 m w4) c O c ►d M •.• a >ImA ., A0 wa to E E � >,roy O UO O w E a to wr4 rnc� c o >+aoc amoc x •r04 ow C .r. w d 0 1+ W .. a u .0 a x a to C a-.r v > ai a ud . m .4 c c� ccO E a a, o 4) ori cc � r' c .ac a m o .. c M 41 0 w o - c • .... ... t .. , Z E Ow C+ > >4a4) a a r+ c •r+ Z w w w E C+ O) E S N r w C N a C •r., >1 0 to U 0 0) 0 •-� a•r. 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CA .0 a) U ►a U to C c a O >% m m •-4 a o w i) c -•+ >. c 41 E 5 V a) E(5 m -4) ° c o a a! to m a ar •• c a, to U3 O u•-+ z n 3Ua ha h m 3 w 4J r, tna) CN N r rm u t + a) r4 OO �t7 AJ o E E N0 Ln r+ OD E 00 E O m 01, CA r m %0 W 7 to U z N N %D •4 Oo C Nil gym/) Q tO to W li W V w• V 11 .4 G C C •+ l+ C m to +i c .r >1 W c m C (1) C O+ O 4J 0 E c E tT 0, to m u E c O 7 W -M E C •+ U c 7 C CSO -• w mu u um o u w0U xm X tam a r CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Cla m Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 1, 1987 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unspecified Section 913 and 915.4. Please note all "Way")wt1 Y Counsel CLAIMANT: MACY' S CALIFORNIA, A DIVISION OF RH MACY' S, INC . c/o :Daniel M. Crawford, Esq. OCT 27 1987 ATTORNEY: Carroll , Burdick & McDonough BUCHANNAN FISiihine One Ecker Bldg. #400 Date received Z, C!� 94553 ADDRESS: San Francisco, CA 94105 BY DELIVERY TO CLERK ON October 23 , 1987 BY MAIL POSTMARKED: no postmark I. FROM: Clerk of the$_ card of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. 1987 g�jIL BATCHELOR, Clerks /JI DATED: Ocif tober 26 , eputy _ ,l t L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2.. T74�This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying i 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). 11 ( ) Other: Dated: 1 7 �J BY: 1/j 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 ( } 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 1 19 87 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 an Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 2 1987 BY: PHIL BATCHELOR by Deputy Clerk 11 CC: County Counsel County Administrator .CL= TO: BOARD OF SUPERVISORS OF CONTRA CWb yappiicationto: Instructions to ClaimantC!erk of the Board cSl P„ Q .idy I�io 6 M rtiner.Ca!ifomia 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 o this form. •,t:s:*•Qaf*�:***.�e�*t:t*::f:,r*«�t:*�e*t�.:t�**:tr*::**�*:t:tt:*:tt:*r*w.tt*t RE: Claim by )Reserved for Clerk's filing stamps Macy' s California, a division ; NFAMME of RH Macy' s , Inc.Against the COUNTY OF CONTRA COSTA)or BUCHANNAN FIELD DISTRICT)Fl n name The' undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ Unknown and in support of this claim represents as follows: �. Whenlidid the damage or injury occur? Give exact date and hour] cember 23 , 1985 at approximately 8 : 30 p.m. Macy' s received notice of the lawsuit on or about July 21, 1987 and cause of action for indemnity did not arise before that date. --- �.-- T- -- --------V_T------------ -- ------------------ --- Where did-£fie damage or._injury occur? ?Include city and county Sunvalley Shopping Center, City of Concord, County of Contra Costa. 3. How did the damage or in3ury occur? ?Give dull details, use extra sheets if required) See attached page 1. --- -L----s------------------T---------------- -----------`rte--T----- a: What particular act or omission on the part o county or district officers , servants or employees caused the injury or damage? The county, the district and its servants and employees negligently constructed, maintained, operated and/or managed Buchanan Field Airport and other public property. The said county, district and its employees and servants are liable in strict liability for maintaining, operating and/or managing the airport and other public property in its dangerous and defective condition'. (over) S. What are the names of county or district officers, servants or" employees causing the damage or injury? Unknown at this time t damage or �nluries coo you clam resulted? ZG�ve dull extent of injuries or damages claimed. Attach two estimates for auto damage) See attached Page 1. 7. Now ---------------------------------------- ------------------ --- -jwas the amount claimed above computed? 7Include the estimate amount of any prospective injury or damage. ) This is a claim for total indemnity. The amount of damages will be determined by the injured parties' recovery against this claimant. ------------ .............. 8. Names ani addresses of witnesses, doctors and hospitals See attached Exhibit A. Investigation is continuing with regard to any potential Tititnesses. The Consolodated First District and Concord Police Department reports covering the accident list potential witnesses. ------------------- ie expenditures you made on account of this accident or inJury: DATE ` / ' �( z d ; . A � ITEM AMOUNT Magy' s has incurred and is incurring substantial investigative defense costs, dncluding attorneys fees and further may be subject to the paymen ' of damages to injured parties and Macy' s seeks indemnification for all such damages. *���t*rcn*,►*:#**+�t*t**t**t*�**t+t,rtsr*�r***�*,r****,r t,►*t*t***,�*was**t***,r*** Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or b e person on is behalf-. " Name and 'Address of Attorney y Daniel M. Crawford, Esq. C imant s Signature Carroll, Burdick & McDonough for• Macy' s California One Ecker Bldg. , Suite 400 Address San Francisco, CA 94105 P.O. Box 7888 CA 94120 Telephone No. 415/ 495-0500 can Francisco, 41 p Telephone No. 415/954-6014 Attn: William H. King, ice . :t��t*a*•**��*t*•�tt�**:•t�**+►+rs*r*+tt��t***t�,t*tt*:*�:,tttwR***r*t4***t*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. " 3. A Beechcraft Baron aircraft crashed into the roof of Sunvally Shopping Center, killing the pilot and passengers and injuring shoppers in the mall. Macy's has been named as a defendant in a Master Consolodated Complaint filed in Contra Costa Superior Court, Coordination No. 2026 (Exhibit A hereto) . Macy'!'s seeks indemnity for the claims asserted in that Master Complaint. Please see the Master Complaint for further details. 6. Plaintiffs seek general and specific damages, funeral and burial expenses, prejudgment interest, costs of suit and further relief as is deemed proper. See Exhibit A attached. Macy''„s claim is for complete and/or partial indemnity of any recovery against Macy' s by any and all plaintiffs named in the Master Consolodated Complaint claiming damages due to the aircrash. The accident out of which the claim arose occurred on December 23, 1985. The cause of action for indemnity arose on or about July 21, 1987. PWG/kmf .. c:wp\Karen:PubEntCl. 1 Li son Counsel for Plaintiffs: 2 - F I d GERALD C. STERNS 3 LAW OFFICES OF Jur 11987 4 STERNS, WALKER & GRELL 280 Utah Street j, R. OLSWR, (Aunty Clerk 5 San Francisco, CA 94103 CONTRA COSTA COUNTY* 6 Telephone: (415) 626-1000 7 Plaintiffs ' Steering Committee: 8 RALPH W. BASTIAN, JR. RICHARD E. BROWN 9 WALKUP, SHELBY, BASTIAN, MELODIA, LAW OFFICES OF 10 ' KELLY & O'REILLY MELVIN M. BELLI, SR. 650 California Street, 30th Floor 722 Montgomery Street 11 San Francisco, CA 94108 San Francisco, CA 94111 12 Telephone: (415) 981-7210 - Telephone: (415) 981-1849 13 JOE R. McCRAY MICHAEL MOORS• 14 A LAW CORPORATION CARTWRIGHT, SUCHERMAN & 1 433 Turk Street SLOBODIN 15 S'an Francisco, CA 94102 101 California Street, 16 Telephone: (415) 775-3900 26th Floor San Francisco, CA 94111 17 JOHN E. SKEATH Telephone: (415) 433-0440 i 18 MILLER & HINKLE 2'007 West Hedding Street 19 Tel Jose, California 9512$ SUMMONS ISSUED X20 Telephone: (408) 296-4216 21 X22 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA i 23 IN AND FOR THE• COUNTY OF CONTRA COSTA 124 i 25 26 Coordination Proceeding ) JUDICIAL COUNCIL COORDINATION j27 Special Title (Rule 1550 (b) ) ) PROCEEDING NO. 2026 28 ) 29 SUN VALLEY AIR CRASH CASES ) MASTER CONSOLIDATED COMPLAINT FOR DAMAGES ON BEHALF 30 ) OF ALL PERSONAL INJURY AND 31 ) WRONGFUL DEATH PLAINTIFFS ) 32 ) 33 34 COME NOW the personal injury and wrongful death plaintiffs 35 and pursuant to Leave of Court and for a Master Consolidated 36 rrr La.0"k-0a ..w.ner c uN _1- EXHIBIT A !VUL&h� MMKO.CA 94103 y .• � C: 1 Complaint for damages in the above-entitled Coordination Proceeding 2 do allege as follows: 3 4 GENERAL ALLEGATIONS 5 6 1. Parties Plaintiff: 7 This Master Consolidated Complaint is filed on behalf of 8 all personal injury and wrongful death plaintiffs having causes of 9 action arising out of the Sun Valley Mall air disaster of Decem- 10 ber 23, 1985, who have heretofore filed complaints for damages in 11 the Superior Court, and supercedes the allegations therein. These 12 allegations relate back to the time of filing of such individual 13 complaints. The identity and capacity of the parties plaintiff is F 14 incorporated from each complaint heretofore filed which are listed 15 in the Appendix to this Master Consolidated Complaint. 16 17 2. Parties Defendant: 18 The defendants in this matter, for the purposes of this 19 Complaint, are grouped and identified as follows: 20 21 "Property Defendants" : 2c, Sun Valley Associates,' dba, Sun Valley Mall Shopping 23 Center; 24 The Taubman Co. , Inc. , a Michigan Corporation; 25 26 Wells Fargo Bank, as Trustee and Successor-in-interest to the Taubman, Co. , Inc. ; 27 28 R.H. Macy 6 Co. , Inc. 29 Does 1 through 100. 30 "Public Entity Defendants": 31 32 County of Contra Costa 33 City of Concord 34 City of Pleasant Hill 35 36 Does 101 through 200. L"oem of ` G W -2- +r". .wer crew .2- r . 280 Utah SVM Fnncom U 94103 1 "Aircraft Defendants" : 2 Estate of James Mountain Graham, deceased; 3 4 Ark Distributing Company, Inc. , a California corporation; 5 James Mageean; 6 Linda Mageean; 7 8 General Aviation Services 9 General Air Services, Inc. 10 Reliant Aviation; 11 12 Nancy Hartshorn; 13 Francis DeRenzi; 14 Nancy Hartshorn; 15 16 Reliant Aviation; 17 Diablo Aviation; 18 L. Lee Kaufthiel; 19 20 Anthony Mageean; 21 Does 201 through 300. 22 23 "Product Defendants":. 24 Beech Aircraft Corporation, a division of the Raytheon 25 Company; 26 Beechcraft West, a California corporation; 27 28 Teledyne Continental Motors, a division of Teledyne Industries (initially sued as a fictitiously named 29 defendant in some cases) ; 30 The Jeppessen Sanderson Co. (initially sued as a ficti- 31 tiously named defendant) ; and 32 Does 301 through 400. 33 34 3. Vicarious Liability: 35 Plaintiffs allege vicarious liability against each and all 36 of the defendants named herein on all theories available and as may Uw omke,a m►,wrker&GmI -3- 20,Utah S~ Frrrc"ca G9�103 I be developed by the proof, including agency, joint venture, alter 2 ego, respondeat superior, or otherwise, and allege that each of the 3 defendants named herein is vicariously responsible for the acts and 4 omissions of each of the remaining defendants, within their 5 respective groups. 6 7 4 , Fictitiously Named Defendants : 8 The defendants. designated herein as Does 1 through 400, 9 inclusive, and each of them, are sued by such fictitious names 10 because either their identity, capacity, connection with the events 11 and circumstances set forth herein, or the legal basis underlying 12 their liability is not presently fully known to the plaintiffs. 13 Each of said fictitiously named defendants is liable in some form or 14 manner to the plaintiffs herein for the events and circumstances set 15 forth, and contributed in some manner to the injuries and damages 16 sustained. 17 18 5. Injuries, Damages and Causation: 19 Each of the plaintiffs herein has sustained injury and 20 damages proximately and legally as a result of the acts, omissions 41 or other breach of duty by one or more of the defendants herein. 22 The allegations of such injury and damages as set forth in the indi- 23 vidual complaints listed in Appendix A are incorporated herein by - 24 reference, and additionally, such plaintiffs seek damages as may be 25 appropriate and sustained by the proof for (1) general damages; 26 (2) loss of consortium; (3) negligently inflicted emotional distress 27 to include Dillon v. Legg cases and similar claims; (4) intentional 28 infliction of emotional distress; (5) damages for wrongful death, 29 both economic and otherwise; (6) surviving damages under Probate 30 Code §583; and (7) damages for apprehension of death or injury prior 31 to impact. 32 33 6 . General Facts Giving Rise To Liability: 34 On or about December 23, 1985, a Beech Baron aircraft, 35 Model 95A-55, bearing U.S. registration number N1494G, crashed into 36 the Sun Valley Shopping Mall while apparently attempting to land in L"Offices d eine.Wak"G Deem —4- 280 4- 2f10 UW+Sures FeKnm G 94103 1 conditions of impaired visibility at Buchanan Field, located in the 2 City of Concord, and/or Pleasant Hill, Contra Costa County, h 3 California. The aircraft was being permissibly operated by James 4 Mountain Graham, now deceased, and Graham and the "aircraft defen- 5 dants" with the exception of defendant General Air Service, had, in 6 some manner, some form of ownership or proprietary interest in said 7 aircraft. Defendant General Air Service had performed some mainte- 8 Hance, service, inspection and/or repair on the aircraft prior to 9 the accident. As a result of the aircraft crashing into the Sun 10 Valley Shopping Mall, extensive damage was done and there were 11 numerous personal injuries and wrongful deaths, as is more specifi- 12 cally alleged in the individual complaints. 13 14 ALLEGATIONS AS TO THE PROPERTY DEFENDANTS • 15 16 .7. These Defendants, and each of them, conceived, 17 planned, designed, engineered, constructed, created, managed, placed 18 into the stream of commerce, and operated and controlled, a public 19 shopping center or mall, including the buildings and the materials 20 used in the construction thereof. This shopping mall is known as 21 The Sun Valley Mall Shopping Center and is located at One Sun Valley 22 Mall in the City of Concord and/or the City of Pleasant Hill, Contra 23 Costa County, State of California. 24 8 . Said defendants selected and obtained the site of the 25 shopping center from available and inexpensive land in close Proxim- 26 ity to the existing Buchanan Field Airport, knowing that its close 27 proximity would place the shopping center in a heavily trafficked 28 air corridor, under the foreseeable and probable flight path of air- 29 craft on a regular and ongoing basis, and therefore at an unreason- 30 able risk. Said defendants knew or should have known that airport 31 traffic at Buchanan was increasing and would continue to increase, 32 and that the increase in traffic was encouraged and accelerated by 33public officials. Despite that knowledge, warnings, and protests 34 concerning the location and proliferation of such high density 35 structures near the airport, said defendants knowingly located the 36 La.011kea d e &waaa.6 C"I —5- 280 nae sneer P Franesee.G 94103 V 1 I center in a zone of danger and designed it to attract large numbers 2 of the public. 3 9. In so designing and locating the shopping center, 4 defendants also knew that large concentrations of people would be a 5 the center in times of predictable and foreseeable inclement 6 weather, including conditions of reduced visibility from the air by 7 reason of fog, rain, mist and otherwise. Said defendants knew or 8 should have known that under circumstances of impaired visibility, 9 aircraft could and, in all probability, would, deviate from an 10 intended flight path in close proximity to the shopping mall and 11 thereby create a foreseeable risk of major disaster. 12 10. Said defendants also planned, designed, constructed 13 and maintained the shopping center in a manner that was in addition 14 to the dangerous proximity to Buchanan Field, dangerous, hazardous 15 and confusing to air traffic attempting to use the field. 16 11 . Said defendants, and each of them, were in the busi- 17 ness of creating and placing into the stream of commerce shopping 18 facilities, including the buildings and components thereof, for the 19 purpose of the mass merchandising of goods and services to the pub- 20 lic. The defendants created the Sun Valley Shopping Mall as alleged 21 above, as a commercial venture, knowing and intending that the shop- 22 ping center would be frequented by large numbers of the public for 23 commercial purposes. At the time said defendants placed the 24 shopping center in question into the stream of commerce, it was 25 defective and unsafe for its intended purposes and did not meet rea- 26 sonable consumer expectations of safety. In addition to the dangers 27 of the location, construction and design of the center as set forth 28 above, inadequate provisions had been made for the safety of patrons 29 and visitors thereto, not only with respect to the probability of an 30 accident occurring involving an aircraft attempting to land at the 31 Buchanan Field, but additionally with respect to the consequences of 32 such an accident or other disaster, including lack of warning, crowd 33 control, disaster plan, escape routes, fire retardation, structural 34 safety and other matters. 35 12. These defendants were negligent in failing to have 36 and implement a proper disaster or survival or emergency plan in LOW Oftes at OM.wall",c a.eo -6- 2e1D Utah Sum n Feancom G 94103 1 view of foreseeable calamities that could ' pose a threat to the 2 safety of large numbers of persons in and about the said shopping 3 mall, and were negligent in failing to carry out such plan to mini- 4 Mize injury and damage to persons or property after the aircraft 5 impacted the shopping center as aforesaid. 6 13. Said defendants, in planning, creating, locating, 7 constructing and maintaining the shopping center as alleged, were 8 negligent, and further acted with conscious disregard to the public 9 safety and to the probable consequences of the location and nature 10 of the shopping center in that, among other things, said defendants 11 had to know of: the danger of high concentration of person and 12 buildings in a heavily trafficked air corridor in close proximity to 13 Buchanan Field; the inevitability of aircraft attempting to navigate 14 near said field under impaired conditions of visibility; potential 15 confusion on the part of pilots attempting to land at Buchanan 16 Field; and of the increasing use of the shopping center as popula- 17 tion expanded, coupled with increasing traffic at the Field. These 18 defendants acted maliciously, wantonly, and willfully and in such 19 manner as to make them liable for punitive and exemplary damages. 20 21 ALLEGATIONS AS TO THE PUBLIC ENTITY DEFENDANTS 22 23 14. These defendants negligently permitted, allowed and 24 encouraged the construction of the Sun Valley Shopping Mall as 25 alleged above with respect to the "property defendants, " and in 26 close proximity to an existing airport and heavily trafficked air 27 corridors. In so doing, they created and maintained a dangerous and 28 hazardous condition and created confusion and deceptive circum- 29 stances to any aircraft attempting to land at Buchanan Field under 30 conditions of impaired visibility. 31 15. These defendants were further negligent in permit- 32 ting, encouraging and ratifying the increased use of the Buchanan 33 Field Airport and the continued growth and building in close proxim- 34 iity to said airport to the point that the density of aircraft activ- 35 ity exceeded the reasonable capacity of such airport and the safe 36 limits of air traffic. Lw OOkn d M&Wdker 6 GM -7- 200 Utah Street Frwwo o.G 94103 1 16 . These defendants owned and controlled the Buchanan 2 Field Airport and areas adjacent thereto, and said areas were and 3 are public property. 4 1 17. These defendants negligently failed to properly 5 supervise and control aircraft operations, including take-offs and 6 1'andings from and to Buchanan Field Airport under dangerous or haz- 7 ardous conditions, including conditions of limited visibility such 8 as obtained on the evening of December 23, 1985. 9 1 18 . These defendants negligently failed to assess the 10 potential consequences of a changed approach pattern for aircraft t 11 Buchanan Field Airport, and failed adequately to disseminate infor- 12 mation about the changed approach pattern or to make any warnings 13 with respect thereto. 14 19. These defendants were negligent in the ratification 15 and approval of the placement and construction of the Sun Valley 16 Mall in its location in close proximity to Buchanan Field Airport 17 and in the heavily trafficked air corridors and foreseeable flight 18 path of aircraft using Buchanan Field Airport, in the manner and 19 particulars alleged as to the property defendants above. 20 20. These defendants were negligent in and about the 21 planning, approval and inspection of the buildings and structures 22 which comprise the Sun Valley Mall, in that inadequate fire, escape 23 and survivability standards with respect to said shopping mall were 24 applied or required. 25 21. The aforementioned public property under the juris- 26 diction, supervision and control of these defendants was also 27 created and maintained in a dangerous condition that created a fore- 28 seeable and substantial risk of harm to the public when the property 29 was used with due care. These defendants also knew or should have 30 known of the above dangerous and defective conditions of the public 31 property for a substantial period of time prior to December 23, 32 1985, and for long enough prior to said date that said defendants 33 could have remedied the condition or given adequate warning thereof. 34 These defendants also created and maintained a public and private 35 nuisance with respect to the design, construction and location of 36 the Sun Valley Shopping Center and its continued operation in close 1"Onk"of wm&We14et G Greg .8- 280 wn Street Frammo.GA 94103 I proximity to the Buchanan Field Airport with the known and potentia 2 dangers as alleged herein. 3 22. Prior to the commencement of the individual actions, 4 timely and appropriate claims were filed with the various entity 5 defendants named herein with regard to all causes of action upon 6 which plaintiffs filing claims intend to proceed. The filing of 7 such claims and the rejection or inaction with respect to said 8 claims is set forth in the Appendix appended to this Complaint and 9 incorporated herein by reference. 10 11 ALLEGATIONS AS TO THE AIRCRAFT DEFENDANTS 12 13 23. At all times herein mentioned, these defendants and 14 each of them have either an ownership or other proprietary interest 15 in the above-described Beech Baron aircraft or were otherwise 16 responsible for the maintenance, service, repair, inspection and/or 17 operation of said aircraft or otherwise participated in such. 18 24 . These defendants and each of them were negligent 19 about the matters set forth in paragraphs 6 and 23 above so as to 20 cause and contribute to the crash of the Beech Baron aircraft into 21 the Sun Valley Shopping Mall. 22 23 ALLEGATIONS AS TO THE PRODUCT DEFENDANTS 24 25 (A) As to the Product Defendants, except the Jeppessen 26 Sanderson Company and Does 376 through 400: 27 25. These defendants, and each of them, were engaged in 28 the business of designing, manufacturing, distributing and/or sell- 29 ing airplanes and air frames (including component parts) , and air- 30 craft engines and the component parts thereof, and each of said 31 defendants designed, manufactured, distributed, sold and/or other- 32 wise placed into the stream of commerce the said Beech Baron air- 33 craft and/or its engines and component parts. 34 1 26. Said defendants, and each of them, expressly or 35 impliedly warranted that the said aircraft, its engines and 36 component parts were airworthy and of merchantable quality, and fit Lam.Ofrwn of « L Walk"cCxel -9- 200 wn street �Fr�a a CA 94 103 1 and safe for the purpose for which it was designed, manufactured, 2 sold and intended, and free from all defects. In reliance thereon, 3 the aircraft defendants named herein, or one or more of them, did 4 purchase or otherwise acquire an interest in said aircraft and 5 component parts and used it for the purpose for which intended. 6 27. Said defendants, and each of them, breached the'-war- 7 ranties as set forth above, in that said aircraft, its engines and 8 component parts were not in fact airworthy nor of merchantable qual- 9 ity, nor fit nor safe for the use and purpose for which designed, 10 manufactured, assembled, sold and intended. 11 28 . Said Beech Baron aircraft, its engines and component 12 parts were defective, both in design and manufacture, and on account 13 of inadequate instructions and warnings, as of the time it was 14 placed into the stream of commerce by the defendants and each of 15 them. As a legal and proximate result of said defectiveness, the 16 aircraft was caused to and did crash into the Sun Valley Mall as 17 hereinabove alleged. 18 29 . Said defendants , and each of them, were also negli- 19 gent in and about the design, construction, manufacture, sale and 20 distribution of the said Beech Baron aircraft, its engines and com- 21 ponent parts, and such negligence was also a contributing legal and 22 proximate cause of the events and circumstances complained of 23 herein. 24 25 (B) As to the product defendants the Jeppessen Sanderson 26 Company and Does 376 through 400: 27 30. These defendants prepared, compiled, disseminated and 28 placed into the stream of commerce certain written and printed 29 information about airfields such as Buchanan Field and surrounding 30 and adjacent conditions, commonly known as approach plates or airway 31 charts , which purported to give operators of aircraft accurate 32 information concerning many of the specifics of any given airport, 33 including the proper approach thereto and any hazards, dangers or 34 obstructions that might ordinarily be encountered. 35 31. Said approach plates or airway charts were products, 36 created by these defendants who were in the business of distributing Law Offices of <tems.Walker G Greg _10- 280 Utah Street .n Frsncnco.U 94103 I such, and were placed into the stream of commerce by these defen- 2 dants. The approach plates or airway charts with respect to 3 Buchanan Field Airport were defective in design and manufacture and 4 did not meet reasonable consumer expectations as to the accuracy 5 thereof in that they did not accurately depict the hazards and othe 6 conditions about and near the Buchanan Field Airport that might be 7 dangerous , confusing or deceptive to aircraft attempting to land at 8 Buchanan Field under conditions of low visibility. This defect con - 9 tributed as a proximate and legal cause of the aircraft in question 10 crashing into the Sun Valley Shopping Mall. 11 32. These defendants were also negligent in cVid about the 12 compilation, preparation, sale and dissemination of the approach 13 plates and airway charts for Buchanan Field Airport in that they 14 were deficient in the same manner and particulars as set forth in 15 paragraph 25 above. This negligence also contributed as a proximate 16 and legal cause of the aircraft in question crashing into the Sun 17 Valley Shopping Mall. 18 19 (C) As to the product defendants Teledyne Continental Motors, 20 a, division of Teledyne Industries, and Jeppessen Sanderson Company: 21 33. As to such complaints wherein said defendants were 22 not specifically named initially, a cause of action was stated 23 against each of them as a fictitiously named defendant. In such 24 complaints, the plaintiff(s) did not designate such defendant spe- 25 cifically because he or she or they were, at the time of such origi- 26 nal filing of the complaint, ignorant and not fully aware of either 27 the identity, capacity, connection of said defendants with the 28 events and circumstances set forth herein, or the legal basis under- 29 lying the liability of such defendants. As to such cases, a list of 30 the fictitious designation is contained in the Appendix hereto. 31 WHEREFORE, judgment is prayed as follows: 32 1. For a determination of the liability of the various 33 defendants, as identified herein, as to the plaintiffs in this con- 34 solidated master complaint; 35 2. For a determination and award of the damages sus- 36 tained by the plaintiffs who are parties to this complaint; La.01kn of T►wra&w G C"N -11- 200 Lll.h So Frvmsco.CA$4103 1 3. For punitive damages as may be established by proof 2 and may be appropriate under the law; 3 4 . For costs of suit; and 4 5. For such other and further relief as may be deemed 5 proper by the Court. 6 7 DATED: June 1, 1987 LIAISON COUNSEL FOR PLAINTIFFS AND PLAINTIIFFS ' STEERING COMMITTEE 8 9 —� 10 By 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 060187/1611An LSRO.of -12- nz Wah m G Grel !60 Utah Street 7rem"m CA 94103 C C N N rl N O o m m r4 m m m m M .4 N e+1 eq - - 0) w d O) W W W W W a,a 0 0 0 0 0 0 c 0 0 0 O 0 h � z o E .+ 0 11 0 0 a 1 c c P4 .-I U U r+ - a >, m m m E a� •.. rn o, U 0) c O O ►+ w O � 0 E U 0 O O O O w a H a Q U 0 a 0) rO O O •+ •0 w tq ti w 41 W z •+ O U 0WE z04 x x U c c Q E W 0 w >+ m a Ua DE F .+ >, a aUz Q 0 •.+ .-+ x x W O x x 7U •+ x Ea a w o a >, V7 CA N W \ r0 aQ2 a 3 41 •0 a m 0) O E Q •O O 4J to W z > 0) U U x x x E E Q x x 0-4 U V) O r t0 QWQ cn w w 0) a h w a U w a o E c --a u, H ++ O m Ura x • 4 1 0 x x >,,-4 C 0 'C O O+ IV - c 0 a a a -C c c w c .0 0% "q c Q, >, W >4 Q • a -" i1. g . 0 C 0 0 0 E Q > ,io.o +r p O w ,d 0 E E ro t0 •O c w r-I ca 0 c O >10 0 c a Q+ 7 C •C w AJ .. 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