HomeMy WebLinkAboutMINUTES - 09081987 - 1.16 T CLAIM / 1,6
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
_ V
Clain. Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September 8 , 1987
and Board Action. All Section references are to ) The copy of this document mailed to yoQ 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 "Warnings'
County Caurls-?l
CLAIMANT: THOMAS D . BOYNTON
727 Old Creek Road AUG 13 1987
ATTORNEY: Danville, CA 94526
Date receivedNat Inez, CA 0,11.5
ADDRESS: BY DELIVERY TO CLERK ON August 10, 1997
BY MAIL POSTMARKED: August 8, 19.87
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PpHHIL BATCHELOR, Clerk
DATED: Aup_ust 14, 1937 8Y: Deputy
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) This claim complies substantially with Sections 910 and 910.2.
f This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: / BY: �i'��% i� "/ - Deputy County Counsel
l
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
(J�) This Claim is rejected in full.
/( �) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
SEP g 1987 C
Dated: S`P PHIL BATCHELOR, Clerk, By / �CC�. — , 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: S E rp9 1987 BY: PHIL BATCHELOR by eputy Clerk
CC: County Counsel County Administrator
CLAIM FOR MONEY OR DAMAGES AGAINST
County of Contra Costa
651 Pine St. , Rm 106
Martinez , CA 94553
RE: Thomas D. Boynton, Bicycle Accident, Olympic Blvd. , Walnut Creek
TO: COUNTY OF CONTRA COSTA
PLEASE TAKE NOTICE that pursuant to California Government Code
Sec. 900 et seq. , this claim is hereby presented as follows:
1 . Name and Address of Claimant:
Thomas D. Boynton
727 Old Creek Rd.
Danville , CA 94526 RECEIVED
Aa�4-jp 1987
2. Address for Sending Notices:
AT 1 LOR
Thomas D. Boynton K NT
727 Old Creek Rd.
Danville, CA 94526
3. Date , Place and Circumstances of Occurrence:
At approximately 11: 30 a.m. on May 17 , 1987 on bike trail adjacent
to Olympic Blvd. I fell from my bicycle when attempting to
negotiate a barrier placed on bike trails at intersection of
Bridge Road.
4. Description of Loss or Indebtedness:
As a result of this accident, I sustained a dislocated and
fractured right shoulder for which I am still treating.
Surgery to the shoulder is scheduled for August 12 , 1987.
1
- 2 -
5. Names of Public Employee Causing Loss:
The names of responsible public employees are not known at
this time.
6 . Amount Claims as of Date of Presentation of This Claim:
Amount claimed as of date of presentation - I am not in a position
at this moment to present a claim for any specific amount. To
date I have medical costs as well as some time loss from work
considerable pain and suffering as well as potential, serious,
future permanent injuries.
Signed at �")'t-NvC�S(� , this day of
Thomas D. Boynton
' CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
0-
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September 8 , 1987
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $2 , 565 . 33 :_tion 913 and 915.4. Please note all "Warning,"
�.o�my Counsel
CLAIMANT: STEVE TIBBETTS
4330 St . Charles Place nl I, 1 1987
ATTORNEY: Concord, CA 94578
Date received
August 12 , 1987 hand del .
ADDRESS: BY DELIVERY TO CLERK ON Au g
BY MAIL POSTMARKED: no envelope
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: August 14, 1987 JaIL BePutyLOR, Clerk
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(\,X This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
/A
Dated: 6 / 4)r BY: puty County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
(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. EP 8 1987 �
Dated: PHIL BATCHELOR, Clerk, By ! CC ( Deputy Clerk
� y
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: J E rp9 1987 BY: PHIL BATCHELOR by eputy Clerk
CC: County Counsel County Administrator
CLAIM TOi. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
Instructions to Claimant Return original application to
Clerk of the Board
651 Pine St.. Roan 106
Martinez. CA 94553
A. Claims relating to causes of action for death or-for Injury to
person or to personal property or growing crops Faust be presented
not later than the 100th day after the accrual of the cause of
action.' Claims relating to any other cause of action Faust 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 Hoard of Supervisors
at its office in Room 106, County Administration Building, 651 Pine
Street, Martinez , California 94553.
C. If claim is against a district governed by the Board of Supervisors,
rather than the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims
must be filed against each public entity. .
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end
of this form.
RE: Claim by )Reser v 's filing stamps
Against the COUNTY OF CONTRA COSTA; �i1087�
IL
or DISTRICT) Mom
(Fill n nam--e ) `
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of S
and in support of this claim represents as follows:
rrrr �.-- T -r-�.- --..rrr--+ r. rrrrrrrrrrrr +--rrrr rrrr rr-r-r r -rr Nrr
mien a�� the aamage or �n3ury occur? ZGive exact ante and �iourj
+i+TFiere a�a tie aamnge oz In3ury occur? Zlnclude city and county]
ZW
37-Now--aid
'�'r+----
3. How aid the damage ornury occur? GiveuII aetaiIs, use extra
sheets if required) VW
Cir c'�v6siT Q�/ ��� 6;��0✓�- (Xafro �'vvt/✓i,,�v�r�o�/�,vd /v�oi��C�/G�E �J�.�r'.f,�iv�rJ ,�vo ./:�;�✓
1 Oo t/�o TirrE. E �/fJ1
./r!' ✓%d.vC/" Dr' Crc�.�/'�2 v c.T/owl/ ��i�✓G ��/�; -
rrr r-r—r—r.s.rr rrrrr-r---�. +rrr-------r-r rr--rrr-rrr Tr+� �rrrr MFat pazticu�ai act or omission on the part o county or aistr�ct
officers, servants or employees caused the injury or damage?
/1/O di/.,liZn/.rr/6 ,�i6�r✓ ivE� ✓TED %� f. F.CT �1�� a� �GL9r� �`oc C7`�Ux/
DSC Ayt/cNt �L./"E
(over)
S. What are the names of county .or district officers, servants or, '
employees causing the damage or injury?
k'GfID iti��ilrr�;2/
6:--what damage-of"�njuiies"do you"claim iesu�"ted?"-ZG�ve`"�`uII"extent-'�"
of injpries or damages claimed. Attach two estimates for auto _
damage) 47,tr.O 6✓L iN� — Zs 37 q6
76
�'/6<1T!/�c J%li�✓stJf c�� �/dNT i%%DE O.�l�"%��/ G��/JEG�, /�/D 1 !�/� .�is�.¢sl�:C1 vii' .
---------------------------------------------------------------- ---- ---
7. Sow was the amount claimed above computed? (Include the est�mate�
amount of any prospective injury or damage. ) . e 1-56119V
lE'9�F/z
--------------------------------------------
------- -----------------
�. Names and addresses of witnesses, doctors and hospitals.
expenditures ypu ,zAade on account of this accident or �n3uryT
DATA ITEM AMOUNT •
s
RRRRRR#R#RRR�!##R#RR#RRRtR#RRRR�RRRRRRRRRRR*RBBB*tRRRRRARRRRRRRRRRRRRRRRRR
Govt. Code Sec. 910.2 provides :
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or some person qn his behalf. "
Name and Address of Attorney Cll � ,
C a s 1g ture
Address
Telephone No. Telephone No.
tRR�RRRRRRRRRRRR#RRRRRRRRRRRRR4RRRRRRRRRRRRR!##RRRRRRRRRRRRRRRRRRRRRRRRRR#
NOTICE
Section 72 of the Penal Code provides:
'Every person %-ho, *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. " _
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CLAIM M CLAI J .L 11
//
- }�
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 September 8 , 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 "Warningjau lty Counsel
CLAIMANT: CITY OF ORINDA (WEAVER) AUG 13 1987
c/o Rebecca A. Page
ATTORNEY: Attorneys at Law Jl4r't riez, 0A 0,1`:
1304 Willow Street Date received
ADDRESS: Martinez , CA 94553 BY DELIVERY TO CLERK ON August 12 , 1987 CC
BY MAIL POSTMARKED: August 9, 1987
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: August 14, 1987 EaIL DeputyLOR, Clerk (% ✓ �L �
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
This claim complies substantially with Sections 910 and 910.2.
A
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
{ ) Other:
Dated: d,64Z,(��/ / -�- 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
(J() This Claim is rejected in full.
( `) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date. C
Dated: SEP 81987 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 mater. 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.
SEP �� 1987 W, ,,��_L___,Deputy Dated: BY: PHIL BATCHELOR by Clerk
CC: County Counsel County Administrator
' �; y Ccuns i Att.arntgo at am
` mPRESTON N ERICKSEN
ROBERT MID B P THNOT
-DAVID AYNTER
I►�r/j
AUG
G 1 11 n CARLL L BROWN
u
DOUGLAS KSLDUFF
Martine.-,
pp JULIA F.DAY
artine.-, CA 94 :/3 WDAVID AM G G
IFFORD
MHOBACK
THOMAS B-WAIT
LEE M JACOBSON
���YYY.yy/►►► lll���{{{•••���''' JOBE J.NAJARAN
t` ii2�TL.Z� i•h �((j' L� ,,up4l J•l [4 4iiiV♦4 ll� .
CHARLES
SNAINTER
SITH
LOIS A.LINDSTROM
Please reply to MARTINEZ office ROBERT A.NELLESSEN
ROBERT M.GERHARDT
KIRK M BARRY
TERESA M.BURKE
August 7, 1987 M.ELISABETH FILLER
ANDREW P SCLAR
DAVID C.KING
KEVIN M,ANDERSEN
LEITH B HANSEN
JANE S.BLUMBERG
ROBERT E.DiSILVERIO.JR
OSTICK
MARYANN MCNETT BURTON 1 FRANCIS BRADLEY L. RANCIS
RICHARD W.THOMPSON
COUNTY COUNSEL JOHN D.FREELAND
CONTRA COSTA COUNTY BOARD OF SUPERVISORS BET IAMEE SW RICK
PEEL
SHEILA P DUKE
651 Pine S t. ROOM 106 REBECCA A PAGE
Martinez, CA 94553 CAROL WADLER
JUDY A BACZYNSKI
KEVIN M.SULLIVAN
R.BRUCE PASCHAL.JR.
RE: WEAVER vs. R.W. BOOTH CONSTRUCTION COMPANY LAURA G.NEUFELD
Claim of City of Orinda
r�
Dear Ms. McNett : t�
Enclosed please find a copy Of the complaint in the
above-captioned case which you requested in connection with
processing the claim against the County of Contra Costa I.`,
presented by the City of Orinda.
Should you need any additional information, please contact me 17
immediately.
Very truly yours,
ERICKSEN, ARBUTHNOT, PAYNTER,
& BROWN, Inc.
REBECCA A. PAGE ' �-� ~>
z'
RAP/cs
I
enol/above noted VI
• Lq
' P
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535 MIRA VISTA AVE.,OAKLAND,CA 94610 (415) 835-8376 10EHOUSE 1,SUITE 301, 151 UNION ST.,SAN FRANCISCO,CA 9 41 11 415 362 7126
910 HOWE AVENUE,SACRAMENTO,CA 95825 1916) 929-9672 • 4201 W.SHAW AVE.,SUITE 105.FRESNO,CA 93722 1209) 276-0600
651 MILLER STREET,SAN JOSE,CA 95110 (408) 286-0880 1304 WILLOW STREET,MARTINEZ,CA 94553 4151 229-1702
849 FIFTH STREET,SANTA ROSA,CA 95404 (707) 527-8442 250 W-FIRST ST.-SUITE 302,CLAREMONT.CA 91711 714) 621-6862
„>�� -�o� Cncn
,An5.1Ni WII CNIRF Rnj 11 CVARM C111TR one) I PJC AKI!_F1 CC PA Qll
Ulf
�10'i)C E J DEFENDANT: (4tiso a Acasadn) iu,o, t, (cr,,.
i
1300'1'11 CONSTPUCTION COMPANY; RUSSEl,I, W. 13001'11;
iN) DOT 1300'1'11; DALE 11 . LAMBERT; BAY SOILS , INC . ,
POULD STAN ; COUNTY OF CONTRA COSTA; CITY I
►L•• OP,INDA , and DOLS I through 100 , inclusive
.l.ElL 2 8 158,5
I I
YOU ARE BEING SUED BY PLAINTIFF:
!A t.ld. I(- esf3 d(Inlandando.) ,
1
i:RY W17'AVEP and GAIL WEAVER
I
I
i
You have 30 CAI E1'DAR DAYS af-.er this sum• O(Ispues dr que !r• enln-goen esfa (ilacinn judicial uslM
rncin_ Is ae.ved on you to file a to pe.yritten to Lt nr un pl.a,,i) de 30 DA S CALENDARIOS para pit sen;ar
sponse at this Court. una rvspurc(a eicrira a m.iquina en este (carie.
A iiiicf Gi I1iiClro ca': v.-:l! -,cl protect yt?u. your nn le ofw,-er.i •
typev.linen response must be in proPei leUal pm((-(cion; su respuP>ta eszrila a m.iquina (irnc que
form if you want the court to he' i your case complir eon las 1orma1fda(1e> !e•g.ale: apropiIjda-s si usl(•d
Ef you do not file your responss on time, you may qutere que 1.a (orle esru(he su Casa
Ic-se t.`e case, and your wages, money and pro- Si ustc-d no prrsenfa su nesprrt•sta a ii(•mpo, pw-4v i3 •nier
pert' r•r.sy be taken without further warning from el cavo, ) le pct(-don quilar su s.tlario, su dinerr) i olr35 cows
the corm. de su propit-dad sir•. a%04) adicion3l por parie de la cone.
Thcre are other legal requirements. You may Etisten obits n-quisitos legales. Put-de que uslt•d gviera
want io call an attorney right 9.yay !f you (fn r.at hamar a un -.hOC3dO inmerl:arameole. Si no conoce 3 on
kn:f,ti an attorney, you may r0i an attorney refer• ,fhntiado, puede hamar a un s(•rri(io de rr(er, -rri3 dr
r$( Fervice cr b lelia' aid C.f fiCP (fisted i1 the Ph0'lC ,i Ir-sado5 o a Una o /n2 d(' o)'ude 1.'cal %}f-d el d,l,>;InflO
book). fel((lini(ol.
1 t
ne name en^ address of the court is: ;(; :::,n:bre l d,re::,,in de la cone eo I }�o
orltra Costa County Superior Court
. 0. Box 911
artinez , CA 94553
nomE, adwess. ano telephone numoer of plaintifi's attorney. Ur piair•liff v.ilhoul an imorr,Ey, 'S,
r ne,'11;i,(' Ie dire'ccibn 1 el numer,J de !ele(ano del aooFadcj dcl d(•mandonte, o del dernandani(- que no ot-ne 2hVCad(i est
DHN M. DRATH , ESQ.
YDE & DRATH
30 California Street , Suite 2600
3n Francisco, CA 94108
115) 392-0215
so 14
,JIiL Clerk. by �_ Depoly
rrl.�i U:ruant�: r rte �:.•
NOTICE TO THE PERSON SERVED: You etc served +
1 f^, es en icdtvtdue! defend5m.
2. _ ' as the person sued under the fictitious nbme of (si•ecilyl:
3. 1 on behblf of (specitl•l:
under. n CCP 4 16 10 fc.cli)o/btion) r CCP 416 60 (minor)
CCP 416.20 (defunct Corl)o(etion) ( CCP 416.70 (LUI,servijtt�t)
CCP 416.40 (assv::iation of pbrinbi6hip) u CGP 416.90 (lidlviduel)
,r: . . w•'• ,. . „ ".o F.. .t' ' ' 1 tty (lill'.Ylrth(►(1.�((pl I-
t•.i �a _.•<.
Inti. •.•1. •'d. i t:' _\•r• �,I.r .}' '�''I...n;•, l.•
r. . A r., .n h. NTM•►t) rte._. .._..,.. t__ e.,_ _. _ , • . i. •• .;_.._ _1,_..1 '__I i
((Is• sertr cr• p'Ouf of ser,leo tilt e.Ch fieri Jn 116,
1. I rr`crved tl.e
a 1 aIrl rnIor,s I Complaint L-1 amended si,rnrncns �� ame,--it:2 corlplaint
L. cornpleted a'-d tlbnl Case G(.es(Ionr.ei,Es U littler (spccif,):
to on delenda,t (r,err',e): 1
c. by Se:vira -1 defendan• -_I other inane and tale ')r relatio,ish,p to ne.r:;Or. Si—vfdf
def,.err al hone �.__ el busrnc S5
11) da!E
- I1) lints.
-- 131 a(!d,ess:
e L_.1 py mast rg
(1) date
(2) place
2 t.';n )ci (If Sur fr(e (:heck ( r are b'),l
a _._} i-erai`••al yawl, ti By ii..CP -tom 13:
t 1—hStittah_ +,r:r(:.t! C,I C.'1., .1.1 i -.r. r, ::'.r. j:, .:�._�?r,(. Or ;"`_.... ir.ci u. ...... t•.
h•
__ t± r.ns, '.;S,.�t <.th:t h�u:S .:r, r-S .•C ...(S,:t` <f lf.f j'.:,cC.l S t� }'.'lac Gc.,S:.r, w!lC• o'.),r�t.Uy wes t'1 cad"aE
and ;r"::eaf!ei ,.a,ii,y iy hiS1•class r„qi1, jiOs!cyi. p'E;J J) CvGrE< it, tr+e jwsor selvf�d at ;he (ADCC wt-.•'e tht.
_ .mere left :CCP 415.20;x1)
c (__— Substituted servlet, on nater_. person, mince, conservatee, or candidate. By leaving copies at the dwelling }souse.
lJivaf ..�T'_ sf c:c;e. ;r us,rei cfa_e -)f ot,s:n,,Ss, c! the- n ;e- C.+ .r he pr_,ence =' s _'1�r.r. _te•,t r.cn,ha• •1
the nouser,ofe or a nerscn az)ne'ently to chisrr,'e of the office or place or bus:r.ess. at least 18 years of ase who v,as
ir•f Ofr-lc0 Of t!ve gj:1)E-2l nb(urE cl the pac-ers, ar•u tine:Eo!tet nidili..g fby f,rsl-class mean pGs(atie preC.:aid) CC;)nt1 10
the pe'San served at the (face wha:e the_ coo-e!, ware ;Eft. ICCP 415 20"611 (AttKh sepireto decletation or vftidav;;
sra(ing acts rolled on to es:a6tish rwesortehle G.1igatice in first attemF'ing persona/ service.;
LA..il bnd tic 4m,wfCdon,nn( e•>rvicb. Ry ^lad-nq (::t lu!,t :lass retail e• a,' ",3�1, �cslage Crerior't C•',piE5 :J the pers',r1
served ;oaetf•er meth two"optes .,)f the form cf notice and acknchletlsme••,t and d return enve!ope, postage prepaid,
addressed to the sender. ICCP 415 301 (Attach corTl,71cf6d afknGN'(s. Jmdnt of receipt.)
t- �rfied :r rc '�','e• rib'! �u:.irm Ry n :li- ,r,t r. 'h t; l:ai! ;,• ;+
.._., .a 9 l:. :.', r,�(' .s:. nuisul 1. (r 3 t y ',; '�as5 t 5t'',}i
rccurnng a return recE l Cr7a•e5 to t) C ne,s,,rl j?rn 2u. (CCP 415 -10) (A;;ach signed return re::eipt or oti,a( yv:dNnr_y
of actua! de;iverry to the parson served.)
O;her (S��ecify code sections:
bddtt;onai oaoe is attached.
3. The "Notice t:l IhE Person Served•' ton t'ne summc•r.$) wa,, r,ompleted as to!loays ICCP 412.30, 415.10. and 474):
a �— t as an individual defendant
b 1
� as tree D Erscn SUE . under the iictacous nam
!� e of
I
c. ,__ ) on benalf of (speccifyl'.
under' , _j CCP 416 10 (corporetivh.) CCP 4.6.60 iminor)
i CCP 416.20 tdelunc( L I CCP -116.•!0 (conservatee)
-_ -r-• 4,C� .1 !_SnGr._tiL.r. o. .,r......f..r.t , CCF' Lie q() ;inl;,.
rev r.r.::n,lai tip 1.;�ry nn
4. At the time of service I was at least 18 years of aae and riot a perry to this action.
5. Fee for service: S
7. FEfscnr, serving:
a. �_ California sheriff, marshal, or constable. f. Name, address and telephone number and. if applicable,
b. Aegi.,tered California process server. county of registration and number:
C. LD Employee or independent conlreclot of a registered
T.. California prose=s server.
d Not a registeted California process server.
c L i.c,1,V1 (.u.n fc(,j.arial.Jr. U.`.66i
22350(bl,
clave undet venally of pe,rf„ry, under the la s of the State (For California sheriff, marshal, or eonstab)e use onty)
Wuirl.a that the lureyorng is true end cuirECt. I certify that lite fo,tgoing is tr-tea bnd correct.
I JOHN M. DRATH, ESQ. JUL 2 8 19
HYDE & DRATH
2 650 California Street
Suite 2600 I
3 San Francisco, California 94108
(415) 392-0215
4
Attorneys for Plaintiffs I. �' C '. ` • ., �� '' �' �!^��'. '
5 GARY WEAVER and GAIL WEAVER
I
7
8
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 I
IN AND FOR THE COUNTY OF CONTRA COSTA
10
11 GARY WEAVER and GAIL WEAVER, ) � C, �
No. 0012
12
Plaintiff, )
13 I vs . ) COMPLAINT FOR DAMAGES TO
PROPERTY, EMOTIONAL
14 R. W. BOOTH C011STRUCTION } DISTRESS AND INVERSE
COMPANY; RUSSELL W. BOOTH; ) CONDEMNATION
15 I JANE DOE BOOTH ; DALE H. )
LAMBERT; BAY SOILS , )
INC. ; SALLY BOULD STAN; )
16 COUNTY OF CONTRA COSTA; )
II CITY OF ORINDA, and DOES )
17 1 through 100 , inclusive , )
18 �) Defendants . )
19 ) j
20
COMES NOW Plaintiffs, GARY WEAVER and GAIL '+•fEAVER,
,I ,
i
and allece as follows : i
"1 i
1 . Plaintiffs are residents of the City of Orinda ,•
42
I'
23 ii County of Contra Costa , State of California , and were at al!
2
times relevant hereto owners and occupiers of real property
4 II
and improvements (hereinafter "Plaintiffs ' property" ) situated
25
at 31 Highland Court , City of Orinda , County of Contra Costa ,
26
1
27
28
I
Costa , State of California .
' 1
2 . Defendant RUSSELL W. BOOTH is and was at all
2
times mentioned herein a resident of the County of Contra
3
Costa and was engaged in the business of developing and
4
constructing residential properties under the fictitious name
5
and style of R. W. BOOTH CONSTRUCTION COMPANY (hereinafter
6
collectively "Booth" ) . 1
7 3 . Defendant DALE H. LAMBERT (hereinafter
8 "Lambert") is and was at all times mentioned herein a civil
9 engin-e r licensed by tile State of California with his
10 4 principal place of office in the County of Contra Costa , State
11 of California .
12 4 . Defendant BAY SOILS , INC. , (hereinafter "Bay `
13
Soils") is and was at all times mentioned herein a California
14 !
corporation licensed to practice soil , foundation and
15
technical engineering, with its principal
place of business in
16
I, San Jose, Santa Clara County, California.
17 5 . Defendant SALLY BOULD STAN (hereinafter "Stan")
i
18 is and was at all times mentioned 'herein an architect licensed j
19
by the State of California with her principal place of
20
business in the County of Contra Costa, State of California . i
I
�l 6. At all times mentioned herein, the COUNTY OF
22
CONTRA COSTA (hereinafter "CCC") through its Board of
23 I
Supervisors, was a county duly organized and existing under
24 the laws of the State of California .
25 7 . At all times mentioned herein, the CITY OF
t
26 f
2 '
27 '
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I !
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II
ORINDA (her, aster "Orinda" ) , by and t... -)ugh its Council , was
1
a public entity duly organized and existing under the laws of
2
the State of California , and situated in the County of Contra
3
Costa.
4
8 . The true names and capacities, whether
5
individual , corporate, associate or otherwise, of defendants
6
named herein as DOES 1 through 100 , inclusive, are unknown to
7
plaintiffs, who sue such defendants by such fictitious names,
8
and plaintiffs will amend this complaint to show their true
9
names or capacities when the same have been ascertained.
10 �
Plaintiffs are informed and believe, and thereon allege, that
11 all defendants sued herein as DOES are in some manner
12 responsible for the acts herein alleged.
13 9 . Prior to the filing of this complaint,
14 I' plaintiffs filed valid and timely claims for damages and dust
15 compensation, which had been or will be denied by the public }
16 I �
entity defendants herein .
17 10 . At some time prior to April 1978 , and continuing
i
i8 through completions of construction, defendants BOOTH and j
1s
JANE DOE BOOTH acquired title and possession of unimproved i
20 real property upon which plaintiffs ' property is now situated.
I �
21
11. Beginning in approximately April 1978 , defendants i
22 BOOTH and DOES '1 *through 10, inclusive, prepared the site and
23 constructed a single-family residence now known as 31 Highland
24 I Court, Orinda, California , and belonging to plaintiffs herein.
25 12 . In connection with the construction of said
26
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27 I 3 I
28
II
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residence, aefendant BOOTH employeu . certain licensed
1
professionals, including but not limited to defendants
2
LAMBERT, BAY SOILS , STAN and DOES 11 through 30, inclusive.
3
Said defendants designed, engineered, graded, compacted and
4
otherwise participated in the preparation of the site and
.5 1
construction of t.°ie residence, including the foundation
6 '.
thereof.
7
13 . On J,r before February 19 , 1966, the land
8
supporting plaintiff ' s residence began to slide, thereby
9
underT:ining the support for the residence, with resulting
10
structural damage to the residence. Said condition is ongoing
11
in nature and will continue to cause further damage unless and
12
until corrected .
13
FIRST CAUSE OF ACTION
14
(Negligence)
15
14 . Plaintiffs repeat and incorporate herein by
16 reference paragraphs 1 through 13 of their complaint herein. I
17
15 . Defendants, and each of them, other than the
18 public entity defendants, so negligently owned, maintained,
19 sold planned, designed , graded, compacted, engineered,
P 9 4 P
20 inspected and constructed plaintiffs ' residence so as to cause
21 the damages described herein.
22
16. As a direct and proximate result of the aforesaid
23 I �
conduct of defendants, and each . of them, plaintiffs were
24 required to and did hire soils engineers and other
25 professional consultants to render advice concerning remedial ,
26
27 4
I
28
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corrective and preventative measures to .stabilize the land
1
supporting plaintiffs ' residence and to prevent future damage,
2
and have incurred expenses therefor in an amount not known to
3
plaintiffs at this time. Plaintiffs will amend this complaint i
4
to state such amounts when the same have been ascertained.
5
17 . As a further direct and proximate result of the i
6
aforesaid conduct of defendants, and each of them, plaintiffs i
7 I
were and will in the future be required to hire contractors to
8 I
repair the damage to their property and stabilize the land and
9 foundation to prevent further damage to their residence, all j
10 II .
to their damage in an amount not as yet known. Plaintiffs
11
will amend this complaint to state such amounts when the same
12
have been ascertained. 1
13
18 . As a further direct and proximate result of the
14 �I aforesaid conduct of defendants, and each of them, the value `
I �
15 i` of plaintiffs ' property has been greatly diminished and i
16 I continues to be diminished, in an amount not now k=..,n to
17 plaintiffs. Plaintiffs will amend this complaint to state
18
such amount when the same has been ascertained. j
19 19 . As a further direct and proximate result of the
I �
20 I aforesaid conduct of defendants, and each of them, and the
21 increasing threat to plaintiffs ' property and physical
22 j
welfare, plaintiffs have suffered severe emotional distress
23 I and anguish, sustained shock and injury to their nervous
24 I systems and emotional well-being, all of which cause and
25 I continue to cause plaintiffs great physical and mental pain
26 I
5 1
27
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and sufferi all to their general
, 1
20 . As a further direct and proximate result of tr,t:�
2
aforesaid conduct of defendants, and each of them, plaintiffs
3
have incurred and will continue to incur medical and related
4
expenses,, the full amount of which is not known to plaintiffs
5
at this ,time. Plaintiffs will amend this complaint to state
6
such amo:.int when the same has been ascertained.
7
Ill . As a further direct and proximate result of the
8
aforesaid conduct of defendants, and each of them, plaintiffs
9
were prevented from maintaining their usual occupations and
10 '
thereby lost earrings in an as yet unascertained amount .
11
Plaintiffs will amend this complaint to state such amount when
12
the same has been ascertained .
13
SECOND CAUSE OF ACTION
14
(Breach of Warranty) i
15
22 . Plaintiffs repeat and incorporate herein by
16 reference paragraphs 1 through 13 of their complaint herein.
17
23 . Defendants BOOTH, JANE DOE BOOTH and DOES 1
18 through 10 inclusive were at all times mentioned herein
19
engaged in the business of developing, constructing and Ij
20 selling single-family residences to the general public. f
. I
` i 24 . in developing, constructing and sell, ng �
22
plaintiffs ' residence, said defendants, and each of them,
i
23 I impliedly warranted to plaintiffs that said residence was fit
24 for its intended purpose, and was of good and merchantable i
i
25 quality, i
26 II I
27 II 6 I
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I
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25 . z5aid defendants , and each of them, breached the
• 1
implied warranties in that plaintiffs ' residence was unsafe !
2
and unfit for its intended purpose, a fact which was not
3
discovered , nor could it have reasonably been discovered by
4
plaintiffs ' until on or about February 19 , 1986 .
5
26 . Plaintiffs relied on such warranties and
6
representations by said defendants, and each of them, and
7 purchased the property and made improvements thereon.
8 27 . Plaintiffs repeat and incorporate herein by
9
reference paragraphs 16 through 21 of their complaint herein.
10 THIRD CAUSE OF ACTION
11 (Strict Liability)
12 28 . Plaintiffs repeat and incorporate herein
13 paragraphs 1 through 13 , and paragraph 23 of their complaint
14 herein.
15 I
29 . Plaintiffs residence, as developed, constructed i
16 I and sold by said defendants , and each of them, was defective
17
and unsafe in that the land was improperly and inadequately
18 graded, compacted and drained, was subject to slippage during 1
19 periods of rainfall , the foundation of the residence was
20 ( I
incapable of supporting the residence in the event of land i
21 movement, and in other respects. '
22
30. Plaintffs repeat and incorporate herein by
23 11
reference paragraphs 16 through 21 of their complaint herein.
24 FOURTH CAUSE OF ACTION
25 (Dangerous Condition of Public Property)
26
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27
29
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31 . Plaintiffs repeat and incorporate herein by
1 .
reference paragraphs l. through 13 of their complaint herein.
2
32 . At all times mentioned herein, defendants CCC,
3
ORINDA and DOES 31 through 40 , inclusive , (hereinafter
4
collectively referred to as "Public Entity defendants") , owned
5 ,
and maintained a public street adjacent to plaintiffs '
6
property.
JI1 33 . Said Public Entity defendants, and each of them,
8 so negligently owned, maintained, inspected, designed,
9 {
serviced and monitored said Highland Court , including the
10 surface and subsurface drainage facilities thereof, so as to
11 cause or contribute materially to the landslide and resulting
12 damages described herein.
13 34 . Plaintiffs repeat and incorporate herein by
14 I reference paagraphs 16 through 21 of their complaint herein.
i
15
I FIFTH CAUSE OF ACTION
I I
to (Nuisance)
I
17 35 . Plaintiffs repeat and incorporate herein by
18 I reference paragraphs 1 through 13 ,' 16 through 21 and
19
paragraphs 32 and 33 of their complaint herein.
�0 {
! 36 . Prior to the acts or failure to act on the part
21 I of the Public Entity defendants, and each of them, as herein I�I
22 , alleged, 4
g , plaintiffs ' property was habitable, safe, stable and
23 {
24 I structurally sound.
37 . The aforesaid conduct of the Public Entity
I defendants, and each of them, constitutes a nuisance. and {
i
225
6
I� 8
2-17 i
28 i
I
plaintiffs filed claims with sa. afendants notifying
. 1
them of such activity. Despite such notice, said defendants
2
continue to engage in such conduct, and refuse to cease and
3
desist therefrom. Plaintiffs are informed and believe and
4
thereon allege that the usefulness and economic value of their
5
property will be substantially diminished and efforts of
6
plaintiffs to sell or lease said property will be without
7
avail unless and until said public agency defendants are
8
directed to and do remedy the conditions herein described on
9
II their property. Because said conditions on said defendants '
10
property threaten future landslides , plaintiffs face a
11
multiplicity of suits. For the foregoing reasons, money
12 damages, will not afford adequate and complete relief to
13 plaintiffs , who thereby seek an injunction pursuant to section
14 �I 731 of the California Code of Civil Procedure comnelling said
15 11
defendants to abate such nuisance.
I
16 I SIXTH CAUSE OF ACTION
17 '�
(Inverse Condemnation) i
18 38 . Plaintiffs repeat and incorporate hereir, by
19 reference paragraphs 1 through 13 , 16 through 21 and
20 ` paragraphs 32 and 33 of their complaint herein .
21 i �
i 39 . The design., construction, maintenance and/or !
22 operation of said Highland Court and its drainage system was
23
�� and is a public project or purpose or part of or instant to a
24 public project or purpose.
25 40 . By reason of the aforesaid activity of said
I
26 .
.9
27
28
defendants, and each of them, and the damage to plaintiffs '
1
property as herein alleged, plaintiffs have suffered damage
2
and continue to suffer damage and diminution in value of
3
plaintiffs ' property causing permanent and substantial
4
impairment of the use of said property. Plaintiffs are
informed and believe and thereon allege that the continuing
6
damage to their property will render it uninhabitable and
7
unsuitable for any purpose, and said property has in fact been
8
condemned and taken for a public purpose.
9
WHEREFORE, plaintiffs pray for . judgment against
10
defendants , and each of them, as follows:
11 1. For general and special damages according to
12
proof;
13 2 . For diminution in value of their property ;
14 3 . For interest, including prejudgment interest,
15 where appropriate ;
16 4 . For attorneys ' fees and costs of suit incurred
17 herein;
is 5. For an order directing defendants to -abate a
19 nuisance ;
20 6 . For such other and further relief as the court
21
may deem just and proper.
22 DATED: July 23 . 1986 HYDE & DRATH '
23 j
24
JOHN M. DRATH
25 Attorneys for Plaintiffs
26
27 I 10
28
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