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MINUTES - 01061987 - 1.24
_i CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA p Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT January 6 , 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 ,464. 00 Section 913 and 915.4. Please note all " l46UhJVCounsel CLAIMANT: JOHN NATHEN IIAJOR l• r 143 Cynthia Drive DEC 0 5 1986 94523 ATTORNEY: Pleasant Hill , CA CA g45�3 Date received Martinez, ADDRESS: BY DELIVERY TO CLERK ON November 26 , 1986 hand del . BY MAIL POSTMARKED: no envelope 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: December 3 , 1986 EVIL BATCHELOR, Clerk BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. (�( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ���� ��� BY: + ' L'J�-«Q��Be¢uty County Counsel II1. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOAARX D 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: JAN 0 6 1987 PHIL BATCHELOR, Clerk, By ✓G�-C , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JAN 0 7 1gR7 BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator I CLAIM BOARD OF SUPERVISOKS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT January 6 , 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 "Warn' s" �� CLAIMANT: DOROTHY A. GRAHA14 uitty Counsel c/o Fisher & Hurst Ut G U 5 1986 ATTORNEY: Four Embarcadero Center 25th Floor Date received .PZ'nez. CA 94553 ADDRESS: San Francisco, CA 94111-4132BY DELIVERY TO CLERK ON December 1 , 1986 BY MAIL POSTMARKED: November 25 , 1986 Certified P 017 967 733 1. FROM: Clerk of the Board of Supervisors TO: . County Counsel Attached is a copy of the above-noted claim. DATED: December 3 , 1986 gyiL DeputyLOR, Clerk L. Hall I1. FROM: County Counsel TO: Clerk of the Board of Supervisors (X ) This claim complies substantially with Sections 910 and 910.2. (/ �) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �� /5— /�b BY: �-� f G ty County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOX ARD 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: `�A N O 6 1987 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JAN O 7 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator STEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. SCOTT D. RAPHAEL, ESQ. IVSD LAW OFFICES OF 1 FISHER 8 HuRST LJEC / 1986 FOUR EMBARCADERO CENTER 2 SAN FRANCISCO, CALIFORNIA 94111 C` 0 C. EL TELEPHONE (415) 956-8000 �p Ll 8Y 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, as the Executor of the ESTATE OF 6 JAMES M. GRAHAM. 7 g BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) THE ESTATE OF JAMES M. GRAHAM, ) 12 ) CLAIM FOR INDEMNITY Claimant, ) 13 V. 14 ) COUNTY OF CONTRA COSTA, ). 15 ) Respondent. ) 16 ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executor of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910.4 . 22 1. The name and post office address of the claimant is as follows : 23 DOROTHY A. GRAHAM, as the Executor of the 24 ESTATE OF JAMES M. GRAHAM c/o FISHER & HURST 25 Attn: Stephen C. Kenney, Esq. Moris Davidovitz, Esq. 26 Scott D. Raphael, Esq. Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 4 1 2. The post office address to which claimant desires notice of this claim to be sent is as follows : 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. Scott D. Raphael, Esq. A FISHER & HURST Four Embarcadero Center, 25th Floor 5 San Francisco, California 94111-4132 6 3 . On December 23, 1985, in the City of Concord, County of Contra Costa, California, James M. Graham, John Frederick 7 Lewis and Brian Ward Oliver, were occupants of a Beechcraft Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft 8 crashed while attempting a landing at the Concord Buchanan Field Airport. All three occupants of said aircraft were 9 killed in the crash. AETNA LIFE & CASUALTY INSURANCE CO. , R. H. MACY & CO. , INC. , ABOVE THE BELT, and SAN FRANCISCO 10 LUGGAGE CO. , allegedly . suffered damages as a result of the crash, which occurred at the Sun Valley Mall, located in the 11 City of Concord, County of Contra Costa, California. 12 4 . The County of Contra Costa is responsible for the design, construction, maintenance, operation, and 13 certification of the Concord Buchanan Airport, and control of its use. The County of Contra Costa is further responsible 14 for the certification, permission, approval, and the provision of zoning and ordinances permitting the construction of the 15 Sun Valley Mall, attracting a great number of persons, in close proximity to the Buchanan Field Airport, and below and 16 directly within a heavily traveled air corridor in the vicinity of the airport. 17 5 . On September 10, 1986, a complaint for damages was 18 filed in the Superior Court of the State of California, In and For the County of Alameda, by AETNA LIFE & CASUALTY INSURANCE 19 CO. , R. H. MACY & CO. , INC. , ABOVE THE BELT, and SAN FRANCISCO LUGGAGE CO. (A true and correct copy of said complaint, 20 Action No. 016803-0 is attached hereto as Exhibit "A" , and incorporated herein by reference) . The complaint alleges, 21 inter alfa, that on December 23, 1985, decedent James M. Graham and others negligently operated and controlled the 22 subject aircraft, causing it to crash while attempting a landing at the Concord Buchanan Airport. Said complaint was 23 served upon claimant, Estate of Graham, on or about October 30, 1986. 24 6 . If, in fact, plaintiffs AETNA LIFE & CASUALTY 25 INSURANCE CO. , R. H. MACY & CO. , INC. , ABOVE THE BELT, and SAN FRANCISCO LUGGAGE CO. , sustained damages as alleged in their 26 complaint in Action No. 016803-0, said damages were caused by -2- t I the primary and active negligence or other fault of the County of Contra Costa. Claimant, therefore, alleges that it is 2 entitled as a matter of law to indemnity from the County of Contra Costa for any judgment or settlement in favor of 3 plaintiffs, AETNA LIFE & CASUALTY INSURANCE CO. , R. H. MACY & CO. , INC. , ABOVE THE BELT, and SAN FRANCISCO LUGGAGE CO. , 4 together with claimant ' s attorneys ' fees and costs. 5 7. Further, if claimant is liable to plaintiffs, AETNA LIFE & CASUALTY INSURANCE CO. , R. H. MACY & CO. , INC. , 6 ABOVE THE BELT, and SAN FRANCISCO LUGGAGE CO. , it will be because of the comparative negligence or other fault of the 7 County of Contra Costa. Accordingly, claimant alleges that the County of Contra Costa is required by law to contribute to 8 the amount of any judgment or settlement in favor of plaintiffs, AETNA LIFE & CASUALTY INSURANCE CO. , R. H. MACY & 9 CO. , INC. , ABOVE THE BELT, and SAN FRANCISCO LUGGAGE CO. , in accordance with the comparative degree and nature of its fault 10 in causing said plaintiffs ' damages, if any, and is required to reimburse and indemnify and hold claimant harmless for the 11 amount of any such judgment or settlement which is in excess of claimant ' s proportional share thereof, if any, as 12 determined by the comparative degree and nature of the respective fault in causing plaintiffs ' damages, if any. 13 8 . As of the date of- the filing of this claim, the 14 extent of the damages and injuries incurred by plaintiffs in the above-mentioned action is unknown to claimant, and will be 15 determined in the aforementioned, pending litigation. 16 9 . At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 17 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant. 18 10 . At the time of the presentation of this claim, 19 claimant seeks the total amount of potential recovery by plaintiffs in Alameda County Superior Court Action No. 20 016803-0 (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra 21 Costa to provide a defense to and indemnify claimant for any and all damages, costs, and attorney's fees it may suffer as a 22 result of the complaint brought by plaintiffs AETNA LIFE & 23 24 25 26 -3- I CASUALTY INSURANCE CO. , R. H. MACY & CO. , INC. , ABOVE THE BELT, and SAN FRANCISCO LUGGAGE CO. , against claimant, in 2 Superior Court Action No. 016803-0, filed in the Alameda County Superior Court. 3 ,L DATED: Novembero 1986. FISHER _ HURS 5 BY: 6 SCOTT D. PML, -torneys for Claimant, DOROTHY A. 7 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM, 8 Deceased. 9 10 11 12 13 l4 15 16 17 18 19 20 21 22 -4- 23 24 25 26 END Ort SED FILED 1 LILLICR McHOSE & CHARLES SE? 16 1986 STEPHEN C. JOHNSON 2 WILLIAM L. ROBINSON RENE C. DAVIDSON, County Clerk Two Embarcadero Center BY Peggy Waller Dep* 3 San Francisco, California 94111 4 Attorneys for Plaintiffs AETNA LIFE & CASUALTY INSURANCE CO. 5 R. H. MACY & CO. , INC. ABOVE THE BELT 6 SAN FRANCISCO LUGGAGE CO. 7 8 SUPERIOR- COURT OF THE STATE OF CALIFORNIA 9 ALAMEDA COUNTY 10 11 AETNA LIFE & CASUALTY INSURANCE CO. ) R. H. MACY & CO. , INC. , ABOVE THE ) 12 BELT, SAN FRANCISCO LUGGAGE CO. , �. 13 Plaintiffs, ) No. 14 v. ) COMPLAINT FOR DAMAGES ) 15 DOROTHY GRAHAM, Administrator of ) the Estate of James M. Graham, ) 16 Deceased, DOES 1 THROUGH 25, ) 17 Defendants. ) 18 19 COME NOW PLAINTIFFS, AETNA LIFE & CASUALTY INSURANCE _ CO. , R. H. MACY & CO. , INC. , ABOVE THE BELT, and SAN FRANCISCO 20 LUGGAGE CO. , and complain of defendants, and each of 21 them, as follows: 22 GENERAL ALLEGATIONS 23 24 1. At all relevant times, plaintiffs were corporations 25 or other business entities qualified to do business in California. 26 EXHIBIT --� 1 2. Defendant, Dorothy Graham, is the duly appointed 2 administrator of the estate of decedent James M. Graham, 3 whose acts or omissions caused or contributed to the 4 damages hereinafter set forth. Said defendant is legally 5 responsible for all claims against decedent James M. 6 Graham accruing prior to or at the time of his death, 7 including the claims herein asserted, as provided in 8 California Probate Code section 573. 9 3. The true names and capacities of defendants 10 DOES 1 through 25, inclusive, are presently unknown 11 to plaintiffs. Plaintiffs are informed and believe, 12 and on that basis allege, that each defendant sued under 13 a fictitious name is, or at all relevant times was, 14 the mutual agent, employee, partner and/or joint venturer 15 of each of the other defendants and was, in doing the 16 things herein complained of, acting within the course 17 and scope of this agency, employment, partnership and/or 18 joint venture. 19 4. On or about December 23, 1985, decedent James M. 20 Graham the pilot of a certain aircraft, federal registration 21 N1494G, attempting to land at Buchanan Airport in Concord, 22 California. while under the control of James M. Graham, 23 the aircraft was caused to crash into the Sun Valley 24 Mall at Concord, California. 25 26 -2- I FIRST CAUSE OF ACTION 2 (Negligence) 3 5. Plaintiffs reallege and incorporate by reference 4 each and every allegation contained in paragraphs 1 5 through 4 , inclusive, hereinabove as if set forth in 6 full. 7 6 . On or before December 23, 1985, defendants 8 and/or decedent James M. Graham, and each of them, negligently 9 piloted, operated, maintained or controlled the aircraft 10 hereinbefore described. These negligent acts or omissions 11 were the direct, proximate cause of the aircraft's crash 12 into the Sun Valley Mall. 13 7. As a further direct, proximate cause of the 14 aforementioned crash, damage was done to the property 15 of plaintiffs R. H. MACY & CO. , INC. , ABOVE THE BELT, 16 and SAN FRANCISCO LUGGAGE CO. Additionally, these plaintiffs 17 suffered further damages and losses due to business 18 interruptions, clean-up activities and emergency service ' 19 activities proximately resulting from the crash. 20 8. Plaintiff AETNA LIFE & CASUALTY INSURANCE CO. 21 provided casualty insurance to plaintiffs R. H. MACY 22 & CO. , INC. , ABOVE THE BELT and SAN FRANCISCO LUGGAGE 23 CO. and has suffered damages as a direct, proximate 24 result of defendants' negligence and the consequent 25 26 -3- I payment of claims made against the aforementioned insurance 2 policies. 3 9. The total damages suffered by plaintiffs as 4 a direct, proximate result of the defendants' negligence 5 and/or the negligence of decedent James M. Graham will 6 be the subject of proof herein but is ,presently believed 7 to aggregate in excess of $2,000,000. 8 WHEREFORE, plaintiffs pray for judgment against 9 defendants, and each of them as follows: 10 1. Monetary damages sufficient to fully compensate 11 plaintiffs for property damage, business interruption 12 and all other consequential damages, according to proof ; 13 2. For pre-judgment interest as allowed by law; 14 3. For costs of suit herein; and 15 4. For such other and further relief as the Court 16 may deem just and proper. 17 DATED: 9 �j(, /�(o LILLICK McHOSE & CHARLES 18 19 By w' L _ 20 :lilliam L. Ro inson Attorneys for Plaintiffs 21 AETNA LIFE & CASUALTY INSURANCE CO. 22 R. H. MACY & CO. , INC. ABOVE THE BELT 23 SAN FRANCISCO LUGGAGE CO. 24 25 26 -4- County Counsel CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA d 6 C 0 5 1986 Claim Against the County, or District governed by) int Clb','915Fa :the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT January 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, 150, 000- 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: TIMOTHY JOSEPH SKINNER, MINOR, BY AND THROUGH HIS GUARDIAN AD LITEm STACEY LEE CASEY ET AL ATTORNEY: Van Blois & Knowles One Kaiser Plaza, Ste. 2245 Date received ADDRESS: Oakland, CA 94612 BY DELIVERY TO CLERK ON December 1 , 1986 BY MAIL POSTMARKED: November 26 , 1986 Certified P 535 464 433 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. December 3 , 1986 PpHHIL ATCHELOR, Clerk DATED: BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �/ 7 BY: zj_,<_ u unty 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:J4� 0 6 1987 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov, code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. . If.you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JAN 0 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator RECEIVED VAN BLOIS & KNOWLES 1 One Kaiser Plaza, Suite 2245 Oakland, CA 94612 v ATC EVI 2 (415) 444-1906 K sa° e0. BY t. 3 Attorneys for the Plaintiff 4 5 6 7 8 In the matter of the claim of 9 TIMOTHY JOSEPH SKINNER, minor, by and through his guardian ad litem, STACEY 10 LEE CASEY, and STACEY LEE CASEY, C L A I M 11 V. 7.2 COUNTY OF CONTRA COSTA , I 13 TO THE COUNTY OF CONTRA COSTA: 14 You are hereby notified that claimants , TIMOTHY JOSEPH 15 SKINNER, minor, by and through his guardian ad litem, STACEY LEE 16 CASEY, and STACEY LEE CASEY , claim damages from you in the 17 aggregate amount, computed as of the date of presentation of this 18 claim, of Two Million One Hundred Fifty Thousand Dollars 19 (2, 150 ,000 .00) , and make the following statements in support of - 20 the claim: 21 1. The post office address of claimants is: 22 STACEY LEE CASEY 23 TIMOTHY JOSEPH SKINNER 1352 Las Juntas Way 24 Walnut Creek, CA 94596 25 26 1 2. Notices concerning the claim should be sent to: 1 VAN BLOIS & KNOWLES 2 One Kaiser Plaza , Suite 2245 Oakland, CA 94612 3 3. The occurrence giving rise to this claim occurred on or 4 about August 28 , 1986 at approximately 9 : 55 a .m. , on Coggins 5 Drive at its intersection with the entrance to the BART station 6 parking lot . Said location consists of public streets and 7 highways in the County of Contra Costa, State of California. 8 4 . The circumstances giving rise to this claim are as 9 follows: 10 On or about the aforementioned date, and for some time prior 11 thereto , the above-named public entity , by and through its 12 agents , servants , and employees , negligently and carelessly 13 14 owned, operated, maintained, constructed, designed, repaired, and equipped the aforementioned roadway and intersection in that, 15 among other things , said public entity, by and through its 16 agents , servants and employees failed to provide adequate and 17 sufficient traffic control devices and/or failed to see to it 18 that the traffic control devices actually provided did properly, 19 effectively, and safely control traffic along and upon Coggins 20 Drive at or near its intersection with the entrance to the BART 21 22 parking lot, and among other things, failed to provide adequate and sufficient controls and warnings to prevent collisions 23 24 between vehicles southbound on Coggins Drive , and vehicles turning left from the northbound lanes of Coggins Drive into the 25 26 BART parking lot , including but not limited to, failing to 2 provide a left turn pocket and traffic controls for the turns of 1 northbound motorists into said parking lot , and failing to 2 provide stop signs or yield signs for said intersection; that by 3 reason of the foregoing, said public property was in a dangerous 4 and defective condition, creating a substantial risk of harm to, 5 and a concealed trap for , persons using the roadway with due care 6 in a manner in which it was reasonably foreseeable that said 7 roadway would be used ; that said public entity was further 8 negligent and careless in that , by and through its agents , 9 servants, and employees, it knew, or in the exercise of ordinary 10 care , should have known , of the dangerous condition of said 11 public property, and of the risk of injury created thereby, and 12 yet nevertheless failed to remedy said condition, although having 13 a reasonable opportunity to do so. 14 As a direct and proximate result of the negligence and 15 carelessness of said public entity, and of the dangerous and 16 defective condition of public property, as aforesaid, at the time 17 and place set forth hereinabove, a 1980 Chevrolet automobile, 18 bearing California License No. 1 AVE 135, being then and there 19 operated by one AILEEN ELIZABETH BRIMMER, northbound on Coggins 20 Drive and thence in a left turning movement towards the entrance 21 of the BART parking lot, was caused to collide with a 1983 Toyota 22 automobile, bearing California License No. 1 HNY 601, being then 23 and there operated by claimant STACEY LEE CASEY, with claimant 24 TIMOTHY JOSEPH SKINNER riding as a passenger therein, southbound 25 on Coggins Drive. Said collision caused claimants, and each of 26 3 them, to sustain severe personal injuries. 1 5. The identities of the public employees causing or 2 contributing to the injuries and damages sustained by claimants, 3 and, each of them, are unknown at this time. 4 6 . The claim of all claimants identified herein, as of the 5 date of this claim, is the total sum of $2,150, 000.00. 6 7. The basis of computation of the above amount is as 7 follows: 8 A. On behalf of claimant, TIMOTHY JOSEPH SKINNER: 9 General damages $2,000 ,000. 00 10 Damage to earnings and earning capacity to be 11 sustained in the future in an amount presently unknown. 12 The expenses incurred for the services of 13 health care practitioners to care for and treat TIMOTHY JOSEPH SKINNER in an amount 14 presently unknown. 15 B. On behalf of claimant, STACEY LEE CASEY: 16 General damages $ 150,000.00 17 Damage to earnings and earning capacity in an amount presently unknown. 18 Damage to earnings and earning capacity to be 19 sustained in the future in an amount presently unknown. 20 The expenses incurred for the services of 21 health care practitioners to care .for and treat STACEY LEE CASEY in an amount presently 22 unknown. 23 TOTAL $2, 150,000.00 24 25 26 4 DATED: November 26, 1986 1 2 VAN BL KNO L 3 4 By: EW AN BLOIS 5 • tor s for Claimants 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 5 DECLARATION OF SERVICE BY MAIL I declare that: I am a citizen of the United States and employed in Alameda County, State of California, over the age of 18 years, and not a party to the within action. My business address is Suite 2245, Ordway Building, One Kaiser Plaza, Oakland, CA 94612. I served the foregoing CLAIM by depositing a true copy thereof in the United States mail at Oakland, California, enclosed is a sealed envelope, with postage .thereon prepaid, addressed as follows: i Board of Supervisors COUNTY OF CONTRA COSTA 651 Pine Street Martinez, CA 94553 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed at Oakland , California, on November 26, 1986 . DEBORAH BLAIR YORK CLAIM BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governec: by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT January 6 , 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 "ICQtjffW.Counsel CLAIMANT: CONCESSION MANAGEMENT COMPANY Ramos , Herlihy, Hepler & Cockle DEC U 5 1986 ATTORNEY: 101 California Street #1870 Martinez, CA 94553 San Francisco, CA 94111 Date received ADDRESS: BY DELIVERY TO CLERK ON November 26 , 1986 BY MAIL POSTMARKED: November 25 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is .a copy of the above-noted claim. December 3 , 1986 ppHHIL BATCHELOR, Clerk DATED: BY: Deputy , L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors �) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: S� BY: �-c unty 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: JAS' Q 6 1987 PHIL BATCHELOR, Clerk, By �- Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JAN 0 7 1987 BY: PHIL BATCHELOR by IZIDeputy Clerk CC: County Counsel County Administrator 48.39.1186 ' a 1 2 3 4 CONCESSION MANAGEMENT COMPANY, ) CLAIM FOR DAMAGES (GOVERNMENT CODE 5 Claimant, ) SECTIO14 910) 6 VS. ) CITY OF WALNUT CREEK, CITY ) 8 OF CONCORD, COUNTY OF CONTRA ) COSTA, and the STATE OF ) 9 CALIFORNIA , R������� 10 11 TO: CITY OF WALNUT CREEK; /►�'1�' �6�F��;ti 12 CITY OF CONCORD: CL c Apo o"s�`p ORS 13 COU14TY OF CONTRA COSTA; 14 STATE OF CALIFORNIA: 15 Claimant, CONCESSIO14 MANAGEMENT COMPANY, hereby presents its claim 16 for indemnity or contribution to the CITY OF WALNUT CREEK, the CITY OF 17 CONCORD, the COUNTY OF CONTRA COSTA, and the STATE OF CALIFORNIA, 18 pursuant to Section 910 of the Government Code and makes the following state- 19 ments in support of a claim: 20 1. The claimant was served with a cross-complaint filed by CONCORD 21 PAVILION ASSOCIATES in Contra Costa Superior Court Action No. 281961. A 22 copy of said cross-complaint is attached hereto as Exhibit "A" and is incorporated 23 herein by reference. Said cross-complaint was served upon the claimant on or 24 about September 9, 1986. 25 2. The address to which the claimant desires notice to be sent is: Ramos, 26 Iierlihy, Hepler & Cockle, 101 California Street, Suite 1870, San Francisco, 27 California 94111. Telephone (415) 986-1589. 28 3. The date and place of the occurrence giving rise to the claim are: one -1- 5X504 (4/84) 1 or about August 8, 1985, AGIIDAS BAGHAEI was riding as a passenger in a motor 2 vehicle operated by VENDY BUNIS at Ygnacio Valley Road and Oak Grove Road in 3 the CITY OF WALNUT CREEK., COUNTY OF CONTRA COSTA, STATE OF 4 CALIFORNIA. MS. BUNIS allegedly lost control of the vehicle because the afore- 5 mentioned intersection was improperly designed and equipped with inadequate 6 stripping, signing, reflective devices, and illumination. Also located at the 7 aforementioned intersection was an allegedly improperly located light pole which 8 was not of a break-away design with which the BUNIS vehicle collided. As a 9 proximate result of these alleged dangerous conditions of public property, 10 AGIIDAS BAGHAEI allegedly suffered severe personal injuries. 11 4. The claimant believes that this occurrence is, or may be, a factor in 12 the damages being asserted by CONCORD PAVILION ASSOCIATES. 13 5. The claimant reserves the right to make additional contentions against 14 the CITY OF WALNUT CREEK, CITY OF CONCORD, COUNTY OF CONTRA 15 COSTA, and the STATE OF CALIFORNIA if discovery undertaken in the litigation 16 discloses additional involvement of those government entities. 17 6. The claimant contends that the above-described intersection was negli- 18 gently designed, constructed, and maintained. 19 7. The claimant, in the event the claimant is held to liability to the 20 cross-complainant in the Superior Court Action, seeks equitable contribution from 21 the CITY OF WALNUT CREEK, CITY OF CONCORD, COUNTY OF CONTRA 22 COSTA, and the STATE OF CALIFORNIA, based upon the percentage of any dam- 23 age allocat-A those government entities. 24 DATED: y�r RAMOS, HERLIIIY, BROADBECK, IiEPLEP & C C "LE 25 26 27 'EVIN M. HANRAT-T[Yffforney for Claimant, CONCESSION MANAGEMENT 28 COMPANY -2- 5X504 (4/84) w (PROOF OF SERVICE BY MAIL - 1013a , 2015. 5 C .C.P. ) 1 I am a citizen of the United States and a resident of the 2 County of Solano, California; I am over the age of eighteen years 3 and not a party to the within above-entitled action; My business 4 address is Suite 1870, 101 California Street, San Francisco, 5 California, 94111 . 6 On november 24 1986, I served the within 7 CLAIM FOR DAMAGES 8 9 on the parties in this action, by placing a true copy thereof 10 enclosed in a sealed envelope with postage thereon fully prepaid, 11 in the United States Post Office mail box at San Francisco, 12 California, addressed as follows: 13 Walnut Creek City Clerk P.O. Box 8039 14 1666 N. Main Street Walnut Creek, CA 94596 15 Concord City Clerk 16 1950 Parkside Drive Concord, CA 94519 17 Contra Costa County 18 Board of Supervisors 651 Pine Street, Room 106 19 Martinez , CA 94553 20 State of California Board of Control 21 770 "L" Street Sacramento, CA 95814 22 23 24 25 I, Marcie Moraida, declare under penalty of perjury that 26 the foregoing is true and correct. 27 Executed on November 24 , 1986, at San 28 Francisco, California. 5X504 ,4/&4) Marcie Moral a 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 January 6 , 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 puC8Utto fioaQvernment Code Amount: $50, 000. 00 Section 913 and 915.4. Please note at Amount: CLAIMANT: REGINA BENNETT DEC 16 1986 c/o Gail A. Fritschle ATTORNEY: 935 Moraga Road, Ste . 101 Martinez, CA 95;3 Lafayette, CA 94549 Date received ADDRESS: BY DELIVERY TO CLERK ON December 12 , 1986 BY MAIL POSTMARKED: not legible I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. December 15 , 1986 QQHHIL BATCHELOR, Clerk 01. DATED: BY: Deputy L. Hall I1. 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: ��� ��6 By: G r i ty County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (J�) This Claim is rejected in full. /( `) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: J A N G 6 1987 PHIL BATCHELOR, Clerk, By � iJ1 . 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: JAN n 7 1ga7 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator I GAIL A. FRITSCHLE Attorney at Law 2 935 Moraga Road Suite 101 Lafayette CA 94549 3 Tel: ( 415 ) 284-5800 4 5 Attorney for Claimant Regina Bennett 6 7 8 CLAIM AGAINST A PUBLIC ENTITY 9 10 REGINA BENNETT, 11 Claimant , 12 V. 13 COUNTY OF CONTRA COSTA and DOES 1 through 10 , 14 o eo Defendants . 15 eY .� ... ...... 16 17 18 Claimant , REGINA BENNETT, by and through her attorney, 19 GAIL A. FRITSCHLE, does hereby present this claim to the COUNTY 20 OF CONTRA COSTA pursuant to 5910 of the California Government 21 Code . 22 1. The name and address of claimant is as follows: 23 REGINA BENNETT 60 Surf View Drive 24 West Pittsburg CA 94565 25 2 . The Post Office address to which claimaint desires 26 notices regarding this claim to be sent is as follows : 27 GAIL A. FRITSCHLE 935 Moraga Road Suite 101 28 Lafayette CA 94549 1 i l 3 . On or about September 8, 1986, Claimant , REGINA 2 BENNETT, received personal injuries as a result of a vehicular 3 accident occurring when her view of oncoming traffic was 4 obstructed by the tree located at the corner of the intersection 5 known as Wharf Drive and Port Chicago Highway in the 6 unincorporated area commonly known as West Pittsburg, County 7 of Contra Costa, State of California. 8 4 . So far as, it is known to claimant and her attorney 9 at the date of the filing of this claim, claimant has incurred 10 damages in the amount of Fifty Thousand Dollars ( $50, 000. 00 ) 11 due to the injuries sustained to her body and to her vehicle 12 as a result of this incident . 13 5. Said injuries and damages sustained by the claimant 14 were the result of the gross negligence of DOES 1 through 10 , 15 agents of the COUNTY OF CONTRA COSTA in their failure to remove 16 the tree or properly prune it so as to permit an unobstructed 17 view of oncoming traffic at this intersection. 18 6 . At the time of presentation of this claim, 19 claimant claims damages in the amount of Fifty Thousand Dollars 20 $50, 000. 00 . 21 DATE: December 11, 1986 22 23 _ GAIL FRITS HLE 24 Attorney for Claimant REGINA BENNETT 25 26 27 28 z 1 CASE NAME: REGINA BENNETT v. COUNTY OF CONTRA COSTA 2 CASE NO: 3 4 5 PROOF OF SERVICE BY MAIL 6 . [C.C.P. SS 10103(a) , 2015. 31 7 I am a citizen of the United States and am .employed in the County of Contra Costa; I am over the age of eighteen years 8 and not a party to the within action; my business address is 935 9 Moraga Road, Suite 101, Lafayette, California, 94549. 10 On December 11, 1987 I served the within copy 11 (or copies ) of: 12 CLAIM AGAINST A PUBLIC ENTITY 13 14 15 on Defendants in said action _:by placing a true copy thereof enclosed in a sealed envelope with postage prepaid 16 thereon in the United ,States Post Office mailbox at Lafayette, California addressed as follows : 17 18 Clerk, Board of Supervisors 651 Pine Street 19 Martinez CA 94553 20 21 22 23 I , ANITA L. WARD declare under penalty of perjury 24 that the foregoing is true and correct . 25 Executed on the date and year first above written at Lafayette; California. 26 27 23 NITA L. WARD -- s 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 January 6 , 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 rQQ49ty"G0~q CLAIMANT: STEVEN AUSTIN CAIN ET AL DEC 16 1986 c/o Douglas McClure ATTORNEY: McNamara, Houston, Dodge, McClure & Ney Martinez, CA 94553 1211 Newell Ave, #202 Date received ADDRESS: Walnut Creek, CA 94596 BY DELIVERY TO CLERK ON Decenber 12 , 1986 hand del . BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. December 15 , 1986 PpHHIL BATCHELOR, Clerk DATED: BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 1=;�Z, l 9796 BY:� c.�u y 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: JAN 0 6 1987 PHIL BATCHELOR, Clerk, By Deputy De ut 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: JAN 0 1987 BY: PHIL BATCHELOR by G_X� Deputy Clerk CC: County Counsel County Administrator l r ` McNAMARA, HOUSTON, DODGE, MCCLURE g NEY DANIEL J. McNAMARA ATTORNEYS AT LAW THOMAS E. PFALZER WILLIAM K. HOUSTON.JR. DIANNE KREMEN COLVILLE RICHARD E.DODGE 1211 NEWELL AVENUE, SUITE 202 WILLIAM J. DIFFENDERFER DOUGLAS C. McCLURE MAILING ADDRESS P. O. BOX 5288 G. GEOFFREY WOOD MICHAEL J.NEY WALNUT CREEK, CALIFORNIA 94596 LEONARD J. COOK THOMAS G. BEATTY KAREN L. LINO FTOBERT M. SLATTERY (415) 939-5330 LINDA J. SEIFERT J. THOMAS DEAL ROGER J. BROTHERS MICHAEL J. COCHRANE PLEASE RESPOND TO: December 10, 1986 STUART CHARLES GILLIAM P.0. BOX 5286 RICARDO A. MARTINEZ WALNUT CREEK.CA 94596-1288 A1449 R •4 V HAND DELIVERED ED Board of Supervisors a y' go County of Contra Costa W, 651 Pine Street Martinez , CA 94553 Attention: Board of Supervisors Re: Michael Gerhart v. Steven Austin Cain, Michael D. Cain, Eldon Dicky Sailors, Atcomm, Inc. , County of Contra Costa, et al. Contra Costa County Superior Court No. 263901 Gentlemen: This letter is to present a claim against the County of Contra Costa, pursuant to Government Code Section 910 , regarding an accident which occurred on or about November 7, 1983 , on Marsh Creek Road, one mile east of Morgan Territory Road, in Contra Costa County. Marsh Creek Road is a county roadway. Plaintiff Michael Gerhart was injured when the car in which he was a passenger failed to negotiate a turn, resulting in a collision with an automobile traveling in the opposite direction. Plaintiff filed the above-referenced action and alleges personal injuries caused at least in part by the improperly and negligently maintained, managed and controlled county road. Plaintiff, as well as suing the county, has also sued Stephen Austin Cain, the driver of the vehicle in which plaintiff was a passenger (who has been served) , and Michael D. Cain, owner of the vehicle in which plaintiff was riding (who has yet to be served) . Defendant Stephen Austin Cain was served with this complaint on September 9 , 1986. December 10, 1986 Board of Supervisors Re: Gerhart v. Cain, et al. Page 2 Assuming plaintiff is entitled to damages for his personal injuries, said damages will have been sustained because of the condition of the roadway. For that reason, Stephen Austin Cain and Michael D. Cain look to the County of Contra Costa to assume their defense and indemnity then for any judgment. Should the County of Contra Costa fail to settle this claim directly with plaintiff and/or agree to defend and indemnify the Cain defendants, there will be no alternative to filing a cross-complaint alleging causes of action for total and equitable indemnity. Conforming with Government Code Section 910, the follow- ing is provided: 1 . Claimants as present - defendants and prospective cross-complainants: Stephen Austin Cain and Michael D. Cain have been served in the primary action. 2 . All notices to be sent to the Cains ' Counsel, addressed to Douglas McClure at McNamara, Houston, Dodge, McClure & Ney, 1211 Newell Avenue, Ste. 202 , P. 0. Box 5288 , Walnut Creek, CA 94596 , and to co- counsel Gene A. Cain, 149 E1 Camino Corto, Walnut Creek, CA 94596. 3 . Incident date and location: November 7, 1983 , Marsh Creek Road, one mile east of Morgan Territory Road, County of Contra Costa, California. 4. Neither Stephen Austin Cain nor Michael D. Cain have suffered damages to date other than the cost of investigating the case and entering a defense. The Cains stand the risk of being found totally or partially at fault for plaintiff ' s damages, but the ultimate injuries and damages are unknown as little discovery- has been initiated regarding Michael Gerhart' s claim, but it is presumed that his counsel will claim that said injuries and damages are substantial. 5. The particular employees and agents of Contra Costa County who were responsible for the design, I Decemb6r 10 , 1986 Board of Supervisors Re: Gerhart v. Cain, et al. Page 3 construction, maintenance, and management of the section of Marsh Creek Road are unknown. 6 . The amount claimed by plaintiff, and thus the Cains ' exposure, is unknown, although the Cains are looking to Contra Costa County for partial or total indemnity. Please advise if you wish any additional information, or if you require the above information or some particular claim form prior to entertaining this claim. Thank you for your consideration. Very truly yours, McNAMARA, HOUSTON, DODGE, McCLURE & NEY St rt C. Gilliam SCG/cm CLAIM _.8OARD"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 January 6, 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 t Government Code Amount: $5 , 000 , 000 - 00 Section 913 and 915.4. Please note al "nLK" CLAIMANT: PIATTHEW BRADLEY OBERHOLTZ, A MINOR, BY AND THROUGH HIZM RDIAN���� AD LITEM, ANTHONY OBERHOLTZ hie,rt. 61986 ATTORNEY: c/o Kaplan, Zorigian & Kaplan �ne2 106 East C St. Date received C'9 -945" ADDRESS: Wilmington, CA 90744 BY DELIVERY TO CLERK ON December 11 , 1983 BY MAIL POSTMARKED: December 9 , 1986 Certified P 238 896 91.3 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is 'a copy of the above-noted claim. f DATED: December 12 , 1986 ppHHIL ATCHELOR, Clerk BY: Deputy C/ L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: 407 Dated: /d C� �9f ��O �U BY: e y ounty 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: J A N 0 6 1987 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JAN 0 7 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 1 KAPLAN, ZORIGIAN & KAPLAN �����* T�� JAMES ZORIGIAN N 2 106 East "C" Street Wilmington, CA 90744 Pe �C" 3 213/518-0176 A a 4 Attorney for Claimant �I W . ,.•. :bony 5 6 7 8 In the Matter of the Claim of: ) 9 MATTHEW BRADLEY OBERHOLTZ , ) a minor, by and through his ) 10 Guardian ad Litem, ANTHONY ) CLAIM FOR PERSONAL INJURIES OBERHOLTZ , ) 11 ) Claimant, ) 12 ) -vs- ) 13 ) THE COUNTY OF CONTRA COSTA ) 14 ) 15 16 TO: THE COUNTY OF CONTRA COSTA BOARD OF SUPERVISORS 17 651 Pine Street, Room 106 Martinez, CA 94553 18 YOU ARE HEREBY NOTIFIED that MATTHEW BRADLEY OBERHOLTZ, 19 20 a minor, by and through his Guardian ad Litem, ANTHONY OBERHOLTZ, 21 whose address is 624 Burton Drive, LaFayette, CA. , claims damages 22 from the COUNTY OF CONTRA COSTA, in the amount computed as of the 23 date of presentation of this claim of $5 ,000 ,000 .00 . 24 This claim is based on personal injuries sustained by 25 claimant on or about September 12, 1986 , when he was involved in 26 an automobile accident which occurred on Rheem Boulevard, at or 27 near the intersection of Fernwood Drive, in the City of Moraga, 28 County of Contra Costa, State of California. 1 Claimant, MATTHEW BRADLEY OBERHOLTZ, was a passenger in 2 a vehicle being operated by a Donald Edward Gates, when said 3 vehicle was caused to go out of control and crash due to alleged 4 unsafe road conditions. As a result thereof, claimant alleges the 5 County of Contra Costa was negligent in failing to properly 6 maintain, inspect and repair said roadway. 7 That the names of the public employees causing Claimant ' s 8 injuries under the above-described circumstances are not known to 9 Claimant. 10 The injuries sustained by Claimant, as of the date of the 11 presentation of this claim, consist of injuries diagnosed as 12 severe and permanent spinal cord injuries rendering his lower 13 extremities useless, and severe and permanent neck and back 14 injuries, and related medical expenses for the care and treatment 15 of said injuries. 16 All notices of other communications with regard to this 17 claim should be sent to Claimant, c/o KAPLAN, ZORIGIAN & KAPLAN 18 106 East "C" Street, Wilmington, CA 90744 . 19 20 DATED: December 9 , 1986 21 KA*iS ZO G AN & KAPLAN 22 23 C24 or7aintiff i 25 26 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 January 6 , 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: $10, 000 . 00 Section 913 and 915.4. Pleaseuly &$U nes" CLAIMANT: JANICE CADORETTE SS DEC 1 G 1986 c/o Thomas M. Meyer ATTORNEY: 145 Park Place Martinez, CA 945G33 Point Richmond, CA 94801 Date received ADDRESS: BY DELIVERY TO CLERK ON December 11 , 1986 BY MAIL POSTMARKED: December 10 , 1986 Certified P 731 152 313 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. gH DATED: December 12 , 1936 EbILATCELOR, Clerk : Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors �) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: t/li_t-C D my 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. BOAX RDD 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. JAN 0 6 1987 Dated: PHIL BATCHELOR, Clerk, Bye , 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: JAN 0 7 1987 BY: PHIL BATCHELOR by W ���� eputy Clerk CC: County Counsel County Administrator ,1 CLAIM AGAINST THE COUNTY OF CONTRA COSTA (Pursuant to Government Code §910 , et seq. ) CLAIMANT Name : Janice Cadorette Address : 133 California Street, Rodeo CA PERSON TO ANY NOTICES CONCERNING CLAIM SHOULD BE SENT: Name : Thomas M. Meyer Phone : 232-4700 Address : 145 Park Place , Point Richmond, CA 94801 WHEN DID DAMAGE/INJURY OCCUR? Date : September 18, 1986 pripl LOCATION OF OCCURANCE : 133 California Street , Rodeo , CA SU s� CIRCUMSTANCES OF OCCURANCE : Wrongful and illegal entry into and search o residential premises without probable cause , pursuant to search warrant. Among other things , officers failed to knock or otherwise announce their pre- sence prior to entry. Scope of search and manner in which it was conducted exceeded scope .of warrant and legitimate purposes of search. DESCRIPTION OF LOSS , DAMAGE OR INJURY : Damage to front door which was smashed. Fright and fear to Janice Cadorette and her infant child. NAME OF COUNTY EMPLOYEES CAUSING LOSS , DAMAGE OR INJURY, IF KNOWN: George Yamamotto and other officers , the identity of which is not known at this time . AMOUNT CLAIMED, INCLUDING ESTIMATED AMOUNT OF ANY FUTURE LOSS : $10 , 000 NAMES AND ADDRESSES OF ANY WITNESSES , DOCTORS and/or HOSPITALS : William Curlee Date : December 10 , 1986 THOMAS M. ME Attorney a on behalf of Janice Cadorette 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 January 6 , 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Goyernment Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: • $555 . 52 Section 913 and 915.4. P1 Asen to all "Warnings". CLAIMANT: KATHRYN PEASE L;Ouy COUn8el 2307 Riverview Drive DEC 16 1986 ATTORNEY: Concord, CA 94520 Date received Martinez, CA 94,�r.L ADDRESS: BY DELIVERY TO CLERK ON December 8 , 7_ 6 BY MAIL POSTMARKED: December 3 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. December 12 1936 PpHHIL ATCHELOR, Clerk ✓GC��� DATED. BY: Deputy L. Hall 1I. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. (� This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Gated: /��� . / ��(o BY u 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: J A N 0 6 1987 PHIL BATCHELOR, Clerk, By ,� Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JAN 0 7 1987 BY: PHIL BATCHELOR by • � eputy Clerk CC: County Counsel County Administrator r CLAIM TO: 9OARD'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 9.11, Martinez, CA) ._ C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved ' tamps Kathryn Pease ; RECEIVED ) DEC �196 Against the COUNTY OF CONTRA COSTA) 8 NELO1 or DISTRICT) CL FSUK s co (Fill in name) ) er . .... !.. ••• •.. . . .. . .. oevurr 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 : ------------------------------------------------------------------------ d 1. When did the amage or injury occur? (Give exact date and hour) 11-06-86 @ 10:00 AM -------------------------------------------- --- 2. Where did the damage o-r-injury occur? (Include city and county) 2600 Pacheco Blvd. , Martinez, Contra Costa County ------------------------------------------------------------------------ 3. How did the damage or injury occur? (Give full details, use extra sheets if required) Automobile accident. ------------- ---------------------------------------------------------- 4 . What part-icular act or omission on the part of county or district officers , servants or employees caused the injury or damage? See C.H.P. report. (over) a ~5. What are the names of county or district officers, . servant5,flr I employees causing the damage or injury? See C.H.P. report. ------ ------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) See Claim from Farmers Insurance. Plus cost of car rental for period of repair. Plus $150.00 deductible paid by insured. -------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) See attached. ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. See C.H.P. report. ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 11-07-86 -. 11-26-86 car rental for period of repair on $405.52 damaged vehicle (car necessary for caork) Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some erson- ori his behalf. " Name and Address of Attorney "Cr�, ,j, •,� � . Claimant's Signature 2307 Riverview Drive Address Conmrd,_CA 94520 Telephone No. (work) 228-3077 Telephone No. (home) 6fi9-5491 ************************************************************************** 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. " RENTAL AGREEMENT SUN VALLEY FORD INC.ORENT-A-CAR 2285 Diamond Blvd. Phone 686-5000 AUTHORIZED SYSTEM MEMBER CONCORD, CALIFORNIA 94520 NO. 13937 :uSTOMER NAME VEHICLE NO. LICENSE NO. KNTi4-ZY T;19 1 P1rNLk . . TOME AVDRES5 YEAR•CAR LINE(TRUCK SERIES) MODEL AND COLOR ;ITYSTATE ZIP CODE DATE AND TIME IN AM (� SPEEDOMETER //jj �/-� { h C.J PM TRIVER-S LICENSE NO. STATE EXP.DATE _ DATEAND TIME OUT SPEEDOMETER ��Z� " /. / AM t \bn^ �. O OUT PM BIRTH DATE SOCIAL SECURITY NO. HOME PHONE MILES DRIVEN DATE DUE hS-/30� if, —:5L-\aExpiration of Contract LOCAL CONTACT ADDRESS PHONE MILES 7 ALLOWED + 3o r Aft! EMPLOYER POSITION CHANGEABLE ' ti°�,g•A y T��rn/rG MILES PM EMPLOYER S AUOWESS - PHONE HOURS @ 1 PER HOUR 1 .� CITY [/ STATE ZIP REFERRED BY p @ /UG C,/c41 O c,�o 41 v2 Customer will not under any circumstances surrender the use GAS of the Rented Vehicle to any person other than those listed MONTHS @ 1 1 below or in Paragraph 1 of Page 1. Operation of the vehicle OUT IN by any driver in violation of Paragraph 2, is prohibited. If none, F R F R 0-0 MILES @ S !PER MILE 6 print NONE across this section and have signed by Customer. E E E E I11 Y* I �� TOTAL MILEAGE AND RENTAL CHARGES ! NAME AGE '12 e % % % GAS IT .-F--F SUB TOTAL ! NAME AGE - COMPREHENSIVE/-5-0&- DAMAGE WAIVER ACCEPTS —z • n • • ! RATES�'"— �EA DA `�PER WEEK • 75 OECII S ! By his/her initials, Customer accepts or declines Comprehensive/ SUB TOTAL 32b0i Collision Damage Waiver at the rates listed above. If Customer �c DECLINES to Purchase the Waiver, he/she accepts fu pQn- K SALES TAX sibility for all loss/damage to the rented vehicle up t SUBTOTAL 1 !��per occurrence regardless of cause. VEHICLE CONDITION SPARE& CUSTOMER LESS CREDITS • OUT JACK O.K. INITIALS ! IN TOTAL CNAWAS 1 REMARKS LESS DEPOSIT ! � L 7CASHCUSTOMERITIALS CREDIT CARD IMPRINT AE DC CB VISA MC OTHERully all driving and use restrictions on the reverse 4019 0125 1136 6020 • You are responsible for all traffic violations and must turn in all summonses upon check in. 08/01 /86 0 7! 3 •tv V • Report all accidents immediately. X>1 I H R Y M PEASE Customer has read both sides of this agreement and agrees to i the terms and conditions thereof. (Q'i 4 Customer authorizes Licensee to process a credit card voucher, » it any,in Customer's name. ' S 't V,1( t r" k Customer may be prosecuted if vehicle is not returned when due back. THIS AGREEMENT SHOULD NO XCEED A 30 DAY PERIOD. DRIVER._WWui� O�f�ERHEAD DAMAGE V-�- usroM s NATURE AND DAMAGE TO LIFT GATE E TE To ADDITIONAL DATE INITIALS CASH DEPOSIT ! E TEND O ADDITIONAL DATE INITIALS CASH DEPOSIT ! DATE I CHECKED OUT BY: CHECKED IN BY: Y PREPARED Bv .. 10296863 NORICK OKLAHOMA ner .r. 7 .' SUN VALLEY FORD, INC. 2285 Diamond Blvd. Phone 68&3W N2 8244 CONCORD, CALIFORNIA 94520.SM . D'TE FECEfP7N � �� RE^E!'.'ED FR No AMOUNT s yCW PA ID PAI-)a11 ' CASk L? AO-OIiNT u.� SUN VALLEY FORD, INC. EY U`C ^ �J ... _..c..�::..;,.., .. inank- Yoe! 5889014 DATE •. AUTHORIZATIpy SALES CLERK DEPT. I.D./PHONE 4019 0125 -1-13b b02O M DESCRIPTION r � 08/01.-/86 ,)7 / 87°CV d KATHRYN PEASE "' o Li 4 � u ICK 0 71 I R '� T4 sw i orA Omanto d on 0w i mII i�d co 04 oh W "&fawn a TOTAL 8C woI P p t prayi.a pq�n raTx Imp�th.riCl+rA•om.We7a a. TOTAL OWWMI ro rd n rtmmm wo IN Avwn m p awv ve m.d ach wd 7. 5'o 6101 1 3 5 C A- SIGN �!'• — SALES / t TAX m N.i;, �, CUSTOMER: RETAIN THIS COPY FOR YOUR RECORDS I "�' I OR Moa«cee ! S' 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 January 6 , 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. P1eavote all "Warnings". CLAIMANT: CARROLL J . DUPLESSIS ET AL c/o McAuliffe & Weinberger DEC 161986 ATTORNEY: 333 Market St . , Ste. 1710 San Francisco, CA 94105 Date received Martinez, (;A g4� 3 ADDRESS: BY DELIVERY TO CLERK ON December 8 , 1 $�b BY MAIL POSTMARKED: December 5 , 1986 Certified P056531112 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: December 5 , 1986 gbIL ELOR, Clerk gATCH: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (X) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: /� BY: C/` e y 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: JAN 0 6 1987 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board 'Order and Notice to Claimant, addressed to the claimant as shown above. JAN 0 7 1987 Dated: BY: PHIL BATCHELOR byW'It����Deputy Clerk CC: County Counsel County Administrator CLAIM AGAINST �' N o40 coq v COUNTY OF CONTRA COSTA CLAIMANT'S NAME CARROLL J. DUPLESSIS, PENNY DUPLESSIS CLAIMANT'S ADDRESS C/O McAULIFFE & WEINBERGER, 333 Market Street, Suite 171( San Francisco, CA 94105 TELEPHONE (415) 777-3114 AMOUNT OF CLAIM $_ Unknown WORK PHONE Same ADDRESS TO WHICH NOTICES ARE TO BE SENT Russell Potter, McAULIFFE & WEINBERGER, 333 Market St. , #1710 , San Francisco, CA 94105 DATE OF IIvCIDENT August 7 , 1984 . Complaint served on claimants September 18, 1986, Action #273175 Superior Court Contra Costa. LOCATION OF INCIDENT Newell and Aceala HOW DID IT OCCUR Glen A. Rodriguez fell in a pothole while jogging. Exact location of fall unknown. DESCRIBE DAMAGE OR INJURY Plaintiff Rodriguez alleges a fracture of an ankle sixty five days lost earning. GIVE-LICENSE NUMBER IF A VEHICLE IS INVOLVED NAME OF PUBLIC EMPLOYEE(S) CAUSING INJURY OR DAMAGE, IF KNOWN Unknown. ITEMIMTION OF- CLAIM (List items totalling amount set forth above) Comparative indemnity M VY i 1 TOTAL ' Signed by or on behalf of Claimant, RUSSELL POTTER CLAIM — E 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 January 6 , 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 albabwrg $I r Gunsal CLAIMANT: 14ARY COSTA c/o Harriet Hall Claim # 05-050310-8 DEC 16 1986 ATTORNEY: Claim Representative Martinez, CA 945;3 2329 Buchanan Road Date received ADDRESS: Antioch, CA 94509 BY DELIVERY TO CLERK ON December 8 , 1986 BY MAIL POSTMARKED: December 5 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: Y December 12 , 1986 BPpHHIL BATCHELOR, Clerk : Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. (x) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: z/ UL BY:� �� GSL uty County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By 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: JAN 06 1987 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JAN 0 ( 1987 BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator 1 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 January 6 , 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 notCda aaan�',,) CLAIMANT: ALVA AND MARY ESHOM Y c/o John P. Caudle, Esq. DEC 16 1986 ATTORNEY: Kincaid, Gianunzio, Caudle & Hubert Martinez, CA 94553 200 Webster St . , Ste. 200 Date received December 8 , 1936 hand del . ADDRESS: Oakland, CA 94604-0828 BY DELIVERY TO CLERK ON 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: BY December 12 , 1956 PpHHIL BATCHELOR, Clerk e � : Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (4 This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: /CSS /�, 6 BY esti y 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: J A N 0 6 1987 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JAN n ` 1487 Deputy Clerk BY: PHIL BATCHELOR by �� ' CC: County Counsel County Administrator I 1 JOHN P. CAUDLE, ESQ. VICTORIA M. JACOBS, ESQ. 2 KINCAID, GIANUNZIO, CAUDLE & HUBERT A Professional Corporation 3 200 Webster Street, Suite 200 t (/v? Oakland, California 94607-3789 4 (415) 465-5212 LL EC , A 5 Attorneys for Claimantst C 1986 �7 ALVA and MARY ESHOM �D 6 I!!s .47C1 !03 PS TA C _ De ur 8 9 10 In Re The Claim Of 11 ALVA and MARY ESHOM CLAIM FOR DAMAGES (Government Code Section 12 vs . 910 and 835) 13 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY 14 AND CONTRA COSTA COUNTY, 15 Respondents . 16 / 17 TO: THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY: 18 19 The undersigned presents these claims for damages 20 on behalf of ALVA and MARY ESHOM, pursuant to Government Code 21 Sections 910 and 835, and provides the following information: 22 1 . The name and address of claimants : 23 Alva and Mary Eshom 5624 San Pablo Dam Road 24 E1 Sobrante, California 94805 25 2 . Address to which claimant desires notices to 26 be sent: 27 John P. Caudle, Esq. Kincaid, Gianunzio, Caudle & Hubert 28 P.O. BOX 1828 TIE LAW OFFICES OF KINCAID,GIANUNZ10, CAUDLE Q 14UBERT A PROFESSIONAL CORPORATION 400 WEBSTER STREET DAALAND,CA 94607.77W (416)40641212 I 200 Webster Street, Suite 200 Oakland, California 94604-0828 2 3 3 . The date and place of occurrence giving rise 4 to this claim is : 5 December 25 , 1984 , at approximately 11: 30 p.m. 6 in the vicinity of 5624 San Pablo Dam Road, El Sobrante, Contra 7 Costa County, California. 8 4 . The date of occurrence giving rise to this claim 9 is: 10 September 1, 1986 , the date upon which the complaint 11 and service of process were served on the claimants. Information 12 regarding this complaint is as follows : Lila L. Porter v. 13 Alva and Mary Eshom, Action No. 280220 in the Contra Costa 14 County Superior Court. A true and correct copy of the summons 15 and complaint are attached hereto as Exhibit "A" and by this 16 reference incorporated therein. 17 5 . The circumstances giving rise to this claim 18 are as follows : 19 On or about December 25, 1984, in the late evening, 20 plaintiff Lila Porter claims to have fallen and sustained injuries 21 in the vicinity of claimants ' home located at 5624 San Pablo 22 Dam Road, El Sobrante, California 94805 . On or about December 23 12 , 1985 , Ms. Porter filed a complaint for injuries arising 24 from this incident. 25 This is a claim for equitable indemnity and comparative 26 contribution for negligence based upon the neglient control, 27 ownership and maintenance of certain real property located 28 adjacent to 5624 San Pablo Dam Road, E1 Sobrante, California, THE LAW OFFICES OF UNCAID,OIANUNZIO, CAUDLE Q HUBERT A PROFESSIONAL CORPORATION 200 WEBSTER STREET -2- WU.^ND.CA"007.17M 010)405-0272 1 where the underlying incident occurred. 2 As a result, claimants, Alva and Mary Eshom, have 3 been sued for damages in Action No. 280220 pending before 4 the Superior Court of Contra Costa County. 5 6 . Plaintiff Lila L. Porter claims general damages, 6 wage loss, hospital and medical expenses , and loss of earning 7 capacity as a result of this accident. Claimants seek equitable 8 indemnity and comparative contribution for these damages . 9 DATED: December 8, 1986 . 10 KINCAID, GIANUNZIO, CAUDLE & HUBERT 11 By 12 +py- JOHN P. CAUDLE Attc5rney for Claimants 13 Alva and Mary Eshom 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE LAVH OFFICES CF . KINCAID,OIANUNZIO, CAUDLE a HUBERT A PROFESSIONAL —2— CORPORATION 400 VVEBSTER STREET OAKLAND.CA Q4W7.17M NDN his 1 PROOF OF SERVICE - HAND DELIVERY 2 I , the undersigned, declare: 3 I am employed in the City of Oakland, County of Alameda, 4 State of California; that I am over the age of eighteen years and not a party to the within cause; my business address is 200 5 Webster Street, Suite 200, Oakland, California 94607-3789 . 6 That on December 8 , , 19 86 , I served the within 7 CLAIM FOR DAMAGES (Government Code Section 910 and 835) 8 9 10 on the parties in said cause, by HAND DELIVERING a true copy of 11 each document to the following persons: 12 OFFICE OF THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY 13 651 Pine Street, Suite 106 Martinez , California 14 15 16 17 18 19 20 21 22 23 I declare under penalty of perjury under the laws of the 24 State of California that the foregoing is true and correct. 25 Executed at Oakland, California this 8th day of 26 December 19 86 . 27 28 THE LAW OFFICES OF <INCAID, GIANUNZIO. CAUDLE & HUBERT A PROFESSIONAL CORPORATION 200 WEBSTER STREET DAKLAND.CA 94607-3789 (415)465-5212 WITACIGIV JUDICIAL) 4 ION cmwr usa afty NOTICE TO DEFENDANT (Aviso a Acusado) OMOJ R4&WOf1ACORN) ALVA AND MARY ESHOM YOU ARE BEING SUED BY PLAINTIFF: (A Ud. le estJ demandando) LILA L. PORTER You have 30 CALENDAR DAYS after this sum- DespuEs de que le entreguen esta citaci6n judicial usted mons Is served on you to.file a typewritten re- tiene un plaza de 30 DIAS CALENDARIOS para presentar sponse at this court. una respuesta escrita a mifquina en esta torte. A letter or phone call will not protect you; your Una carts o una llamada telef6nica no le ofrecerf typewritten response must be In proper legal proteccift su respuesta escrita a miquina tiene que form If you want the court to hear your case. cumplir con las fotmalidades legales apropiadas si usted If you do not file your response on time,you may quiere que la torte escuche su Casa lose the case, and your wages, money and pro- Si usted no preesenta su respuesta a tiemp4 puede perder perty may be taken without further warning from el cas4 y le pueden quitar su salariq su dinero y ofras cows the court. de su propredad sin aviso adicional par parte de la carte. There are other legal requirements. You may Existen otros requisitos legales. Puede que usted qu)era want to call an attorney right away. If you do not Hamar a un abogado inmediatamente. Sr no conoce a un know an attorney,you may call an attorney refer- abogadal puede llamar a un servicio de referencia de ral service or a legal aid office{listed In the phone abogados o a una offcina de ayuda legal(►at el directorio book). telef6nico). �faaEa tN The name and address of the court is: (EI nombre y direcci6n de la torte es) SUPERIOR COURT OF CALIFORNIA r C0NT_PA COSTA COUNTY2 RQ 725 Court Street P.O. Box 911 Martinez, CA 94553 The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: 1El nombre, la direcci6n y el numero de telLdfono del abogado del demandante, o del demandante que no tiene abogado, es) Law Offices of CAROLY14 D. PHILLIPS 500 First Street Rodeo, CA 94572 (415) 799-6800 DATE: Clerk by �.`� y'A , Deputy (fecha) (Actuario) (Drlegado) ISEALI NOTICE TO THE PERSON SERVED: You are served 1. 0 as an individual defendant. 2. Q as the person sued under the fictitious name of (specify): 3. Q on behalf of (specify): under: CCP 416.10 (corporation) Q CCP 416.60 (minor) CCP 416.20 (defunct corporation) 0 CCP 416.70 (conservatee) Q CCP 416.40 (association or partnership) Q CCP 416.90 (individual) other: lip4. ��t>y personal delivery on (dotal: ro.T Aoocaa by Av4 9e7 (SN cover" for Roof of Sfxvict) JWW501 Cow+cd of CaMfonwa CCP�1�.J0 .......... .,.. ... of lsaaanalc I f ,?ROOF Of SERVICE — SUMMONS fuse separate proof-of serv?ce for each person se 1. 1 served the a. summons Q complaint Q amended summons Q amended complaint completed and blank Case Questionnaires Q Other (specify): b. on defendant (name): c. by serving Q defendant Q other !name and title or relationship to person served): d. Q by delivery Q at home 0 at business 11) date: (2) time: (3) address: a Q by mailing (1) date: (2) place: 2. Manner of service (check proper box): a. RrsPaons) service. By personally delivering copies. (CCP 415.10) dSubstituted service on corporation, unincorporated association (including partnership). or public entity. By leaving. during usual office hours, copies in thfr office of the person served with the person who apparently wrs in charge 00 and thereafter mailing(by first-class mail,postage prepaid)copies to the person served at the place where the copies were left. (CCP 415.20(a)) Ir. Q Substituted service on natural person, minor, conservatee, or candidate. By leaving copies at the dwelling house, usual place of abode, or usual place of business of the person served in the presence of a competent member of the household or a person apparently in charge of the office or place of business,at least 18 years of age. who was informed of the general nature of the papers, and thereafter mailing (by first-class mail, postage prepaid)copies to 03 the person served at the place where the copies were left. (CCP 415.20(b)) (Attach separate declaration oref0davh stating acts reied on to esteWsh reasonable diligence in first attempting personal services) d. Q Mag and acknowledgment service. By mailing (by first-class mail or airmail, postage prepaid) copies to the person served,together with two copies of the form of notice and acknowledgment and a return envelope6 postage prepaid, addressed to the sender. (CCP 415.301 (Attach completed acknowledgment of recelpt.) a Q Certified or registered mag service.By mailing to an address outside California (by first-class mag,postage prepaid, requiring a return receipt)copies to the person served. (CCP 415.40) (Attach signed return mcelpt or other evidence of actual do&wy to the person served.) f. Q Other (specify code section): Q additional page is attached. 3. The "Notice to the Person Served" (on the summons) was completed as follows (CCP 412.30, 415.10, and 474): a. as an individual defendant. 136 as the person sued under the fictitious name of (specify): c. Q on behalf of (specify): under: Q CCP 416.10 (corporation) Q CCP 416.60 (minor) Q other: Q CCP 416.20 Idefunct corporation) Q CCP 416.70 (conservatee) Q CCP 416.40 (association or partnership) Q CCP 416.90 (individual) --fr-Q by peis:.ral ::olivary on lldan;.: 4. At the time of service I was at least 18 years of age and not a party to this action. 5. Fee for service: $ 6. Person serving: a. Q California sheriff, marshal, or constable. f. Name, address and telephone number and,if applicable. b. Registered California process server. county of registration and number: c. Employee or independent contractor of a registered California process server. d. Q Not a registered California process server. a Q Exempt from registration under Bus. & Prof. Code 22350(b). I declare under penalty of perjury under the laws of the State )For CoNtomla sheriff, marshal, or constable use only) of California that the foregoing is true and correct. I certify that the foregoing is true and correct. Date: Date: ~ ISIGHArumep r ArrNrrr sesuid�give►�.M,..r t, tab,i . ATTORNEY OR PARTY WITHOUT ATTORNEY(NAME AND ADDRESS). TELEPHONE: FOR COURT USE ONLY Law Offices of CAROLYN P. PHILLIPS (415) 799-6800 Phillips Plaza, 509 First Street Rodeo, CA 94572 LILA L. PORTER ATTORNEY FOR(NAME): Insert name of court.judicial district or branch court.it any.and post office and street address: UPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA 25 Court Street .O. Box 911 4artinez, CA 94553 ------..-- .----..-- ---- - 0 � , P PLAINTIFF. � D LILA L. PORTER DEFENDANT: 777 ) ALVA AND MARY ESHOPS ��` ` --- n DOES t TO 10 CASE NUMBER COMPLAINT—Personal Injury, Property Damage, Wrongful Death QMOTOR VEHICLE []OTHER(specify): Premises liability QProperty Damage Q Wrongful Death 280220 Personal Injury Q Other Damages(specify): t. This pleading, including attachments and exhibits, consists of the following number of pages: R - 2. a. Each plaintiff named above is a competent adult Q Except plaintiff(name): Qa corporation qualified to do business in California Q an unincorporated entity(describe): Q a public entity(describe): Q a minor Q an adult Q for whom a guardian or conservator of the estate or a guardian ad litem has been appointed [] other(specify): Q other(specify): Q Except plaintiff(name): Q a corporation qualified to do business in California =an unincorporated entity(describe): Qa public entity(describe): Qa minor 0 an adult Q for whom a guardian or conservator of the estate or a guardian ad litem has been appointed Q other(specify): Q other(specify): b. Q Plaintiff(name): is doing business under the fictitious name of(specify): and has complied with the fictitious business name laws. C. Q Information about additional plaintiffs who are not competent adults is shown in Complaint— Attachment 2c. (Continued) Form Approved by the Judicial Council olCalifornia COMPLAINT—Personal Injury, Property Damage, a SHORT TITLE: CASE NUMBER PORTER v. ESHOM COMPLAINT—Personal Injury, Property Damage,Wrongful Death Page two 3. a. Each defendant named above is a natural person [� Except defendant(name): Q Except defendant(name): Q a business Organization, form unknown Q a business organization, form unknown Q a corporation Q a corporation Q an unincorporated entity(describe): Q an unincorporated entity(describe): Q a public entity(describe): [_ a public entity(describe): Q other(specify): other(specify): Q Except defendant(name): Q Except defendant(name): LIP- to 5i Q a business organization, form unknown Qa business organization, form unknown Q P Q a corporation Q a corporation Q an unincorporated entity(describe): Q an unincorporated entity(describe): t� co Q a public entity(describe): Q a public entity(describe): Q other(specify): Q other(specify): b. The true names and capacities of defendants sued as Does are unknown to plaintiff. c. M Information about additional defendants who are not natural persons is contained in Complaint— Attachment 3c. d. [] Defendants who are joined pursuant to Code of Civil Procedure section 382 are(names): 4. Plaintiff is required to comply with a claims statute, and a. Q plaintiff has complied with applicable claims statutes. or b. plaintiff is excused from complying because(specify): 5. This court is the proper court because [3 at least one defendant now resides in its jurisdictional area. Q the principal place of business of a corporation or unincorporated association is in its jurisdictional area. ® injury to person or damage to personal property occurred in its jurisdictional area. Q other(specify): 0 6. C:X The following paragraphs of this complaint are alleged on information and belief(specify paragraph numbers): GPI-1 and L-1 (Continued) Page two SHORT TITLE CASE NUMBER PORTER V. ESHOM COMPLAINT—Personal Injury, Property Damage, Wrongful Death(Continued) Page three j 1 1 7. Q The damages claimed for wrongful death and the relationships of plaintiff to the deceased are • Q listed in Complaint—Attachment 7 as follows: 8. Plaintiff has suffered []wage loss [_]loss of use of property hospital and medical expenses general damage Q property damage CX)loss of earning capacity Q other damage(specify): 9. Relief sought in this complaint is within the jurisdiction of this court. 10. PLAINTIFF PRAYS For judgment for costs of suit: for such relief as is fair.just. and equitable.and for [ compensatory damages ®(Superior Court)according to proof. M(Municipal and Justice Court)in the amount of$ Q other(specify): i r 11. The following causes of action are attached and the statements above apply to each: (Each complaint must have one or more causes of action attached.) Q Motor Vehicle ©General Negligence F-1 intentional Tort M Products Liability Premises Liability []Other(specify): f i CAROLYN U. PHILLIPS (Type or print name) 1 ptarntdl or attorney) J ' _ I SHORT TITLE: CASE NUMBER PORTER v. ESHOM CAUSE OF ACTION—General Negligence Page 4... (number) —XTTACHMENT TO MComplaint F--]Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-t. Plaintiff(name). LILA L. PORTER alleges that defendant(name): ALVA AND MARY ESHOM [2q Does -1.-_____ to was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act• defendant negligently caused the damage to plaintiff on(date): 12/25/84 at(place): 5624 San Pablo Dan Road, EI Sobrante, CA (description of reasons for liability): Defendants designed and maintained the driveway and private sidewalk to their home in the manner that caused Plaintiff to fall and sustain damages . The Defendants, in addition to the above condition, did not adequately light their driveway and private sidewalk. The Defendants were negligent in doing the things alleged herein, in that the hazardous conditions were apparent or should have been apparent to the Defendants. The cost to correct said Condition would not have been burdensome to the Defendants. r Foom Approved b, the — -- _— — — JUd,ciai Councd of Caftloinir EMeclne January t, 19" Rule 982 +c» CAUSE OF ACTION—General Negllgence Cr;P 42S f; SHORT TITLE: CASE NUMBER PORTER v ESHOM SECOND CAUSE OF ACTION—Premises Liability Page 5 (number) ATTACHMENT TO ED Complaint Q Cross-Complaint (Use a soparate cause of action form for each cause of action.) Prem.L-t. Plaintiff(name): LILA L. PORTER alleges the acts of defendants were the legal(proximate) cause of damages to plaintiff. On (date): December 25, 1984 plaintiff was injured on the following premises in the following fashion(description of premises and circumstances of Injury): The premises is located at 5624 San Pablo Dam Road, El Sobrante, CA. Plaintiff, after an evening visit with the Defendants, walked to the passenger side of her. automobile. As Plaintiff started to get into the auto, she stepped on the edge of the driveway. The adjoining ground was several inches lower than the driveway. Plaintiff twisted her ankle and fell. Prem.L-2. (:2 Count One—Negligence The defendants who negligently owned, maintained, managed and operated the described premises were(names): ALMA AND MARY ESHOM lam)Does 1 to 10 Prem.L-3. Q Count Two—Willful Failure to Warn [Civil Code section 846) The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were (names): Q Does to Plaintiff, a recreational user, was =an invited guest Qa paying guest. Prem.1- 4. [] Count Three—Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were(names): Q Does to a. Q The defendant public entity had =actual =constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. b. Q The condition was created by employees of the defendant public entity. Prem.L-5. a. Q Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names): Q Does___ to_—.___.- b. [] The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are M described in attachment Prem.L-5.b =as follows(names): Form Approved by the k Judbcosl Council ne C.IIrnlnle - I CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA r Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT January 6 , 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, 000 . 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: JEROME B. SIBS County Counsel c/o Alfred G. Johnson, Esq . DEC 16 1986 ATTORNEY: Sullivan, Johnson, Boyle & Nurik 100 Pine St . , 27th Floor Date received M4rtjnqf, 0p, Q, 553 ADDRESS: San Francisco , CA 94111 BY DELIVERY TO CLERK ON Decem er -T9S BY MAIL POSTMARKED: December 3 , 1986 Certified P 574 826 707 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: December 12 , 1986 EYIL ELOR, Clerk BDATCH / : eputy 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: �/ . �/ U iO BY: �'' YL:�r���ty County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By 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:J A N 0 6 1987 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: AN 0 7 1987 BY: PHIL BATCHELOR by /1-Z eputy Clerk CC: County Counsel County Administrator I 1 ALFRED G. JOHNSON, ESQ. SULLIVAN, JOHNSON, BOYLE & NURIK 2 27th Floor 100 Pine Street, 3 San Francisco, California 94111 ,�/ keitPO Telephone: (415) 433-2626 Q 4 Attorneys for Claimant Jerome B. Sims �� c er IN THE MATTER OF THE CLAIM OF ) 7 JEROME B . SIMS AGAINST THE ) COUNTY OF CONTRA COSTA; ) VERIFIED TORT CLAIM_ STATE OF CALIFORNIA (STATE ) WATER RESOURCE CONTROL BOARD) ; ) 'CONTRA COSTA COUNTY WATER ) DISTRICT; CITY OF MARTINEZ; ) i(►I CITY OF CONCORD ) i 1211 THE UNDERSIGNED CLAIP4ANT IIERE3Y MAKES CLAIP4 AGAINST THE 1-11'COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA (STATE WATER 1-) I!RESOURCE CONTROL BOARD) , CONTRA COSTA COUNTY WATER DISTRICT; 1 '1CITY OF MARTINEZ; CITY OF CONCORD, IN A SUM IN EXCESS OF I' 1(;;1$100, 000. 00 AND IN SUPPORT THEREOF REPRESENTS AS FOLLOWS: 17 1 . Damage and injury occurred on or about October 7 , 1986; 2 . Damage and injury occurred at or near Bollman Water �i 1"'Treatment Plant, Concord, California; 2() I I; 3 . Damage and injury occurred as follows int. al : wire I I 211cable (s) at construction site broke, striking claimant; 2021 4 . Particular acts and ommissions on the part of public I 2.3 officers, servants, and employers , which caused the injury 2.1 and damage, include in al: 2511 Improper work method; failure to provide a safe place �I 261 to work; failure to supervise work procedures ; allowing 27l existence of dangerous condition on public property; and I 23l1failure to provide prompt and adequate medical care; i� it 1 I f I � lIi 5 . Names of public officers, servants or employees causing 2 the damage or injury are unknown at this time. 3 6 . Damage and injuries claim to have resulted include 4 int. al , personal injuries (e. g. , fractured cheek bone, etc. ) , 5 general damages , wage loss, impaired earning capacity, medical 6 and misc. expenses . 7 7 . The amount claimed above was computed on basis of 3 wage loss , medical bills, and general damages to date with 9 an estimate of future wage loss , medical bills, and general 10 damages to be in excess of $100, 000 . 00 ; 11I8 . (a) . Names and addresses of witnesses are unknown I 12 ! at this time. (b) . Names and addresses of doctors and hospitals are: I) 14 (i) Mt. Diablo Hospital 2540 East Street 15 Concord, California 9. Expenditures made on account of accident and injury 17 are unknown at this time. 18 10. Send notices to: Alfred G. Johnson, Esq. �j Sullivan, Johnson, Boyle & Nurik 2�I1 100 Pine Street, 27th Floor 2111 San Francisco, California 94111 Telephone: (415) 433-2626 I 2111 DATED: DECEMBER 1966 2.3 SULLIVAN, JOHNSON, BOYLE & NURIK 21 , 2:5 I By ALFRED JOHNS on behalf 26 of Cl mant ` 27 281 2 f 1 CERTIFICATE OF SERVICE . 2I I, ALFRED G. JOHNSON, hereby certify that: V I am a member of the State Bar of California, and not a 4 J party to the within matter; my business address is 100 Pine Street, Suite 2750, San Francisco, California 94111. 6 I mailed a copy (in triplicate) of the attached claim on 7 s December I- '�) , 1986 , by certified mail, return receipt 9 requested, on the following: Contra Costa County Supervisors 10 Box 911 Martinez, California 94553 1l State Board of Control 12 926 J Street, Suite 300 13 .Sacramento, California 95814 State Water Resources Control Board 141 1416 Ninth Street Sacramento, California 95814 15 City Council, City of Martinez V; 525 Henrietta Street 17 Martinez , California 94553 1S City Council, City of Concord 1950 Parkside Drive 10 Concord, California 94519 2l) Presiding Officer Contra Costa County Water District 2l Box H2O I Concord, California 94524 22 DATED: DECEMBER �_, 1986 23I 24 i 25 I ALF R G. JO ON 26! 27 I 281 i 3 fl 1 VERIFICATION 2 3 I, ALFRED G. JOHNSON, declare under penalty of perjury 4 as follows : 51 1 . I am an attorney admitted to practice before all I 6Icourts of this State and have my professional office at 100 ilPine Street , 27th Floor, San Francisco, California. 81 2 . I am one of the attorneys for claimant, JEROME B. SIMS, 9jin this matter. 14 3. Said claimant is absent from the county in which I 11 have my office and for that reason I am making this verification 1'2) on his behalf. l?!I 4 . I have read the foregoing claim and know the contents �i 11 j thereof. 151; 5 . I am informed and believe that the matters stated I 16 therein are true and, on that ground, I allege that the matters 17istated therein are true. 13 EXECUTED on December 1986 , at San Francisco, 19 California. 20 21 22 23 LFRED OHNSO 24 25, 26 27 i i 28 � i i 4 `li 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 January 6 , 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 , 500 . 00 Section 913 and 915.4. Please nftaNt134CM 0 al CLAIMANT: PACIFIC BELL SECURITY 1155 Market Street, Suite 300 DEC 16 1986 ATTORNEY: San Francisco, CA 94103-1566 Martinez, CA 4553 Date received ADDRESS: BY DELIVERY TO CLERK ON December 5 , 1986 BY MAIL POSTMARKED: December 4, 1986 Certified o. 69207 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: December 12 , 1986 EYIL ELOR, Clerk BATCH : Deputy cC - � L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Nj�) 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: �. L< l�� BY uty County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By 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: JN 0 6 1987 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Gated: JAN 198 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator f CLAIM AGAINST THE COUNTY OF CONTRA COSTA Pacific Bell presents a claim for damages against the County of Contra Costa as provided in Government Code Section 900 et. seq. Claimants Address : Pacific Bell Security ECEIVED 1155 Market Street, Suite 300 R San Francisco, CA 94103-1566 Date of Occurrence : s 'C ILOSU S November 20, 1986 CL o oN Ua Location: ey Appian Way, 100 yards north of Valley View, E1 Sobrante Circumstances Causing Claim: Contractor , Bay City Paving and Grading, Inc . , working for County, damaged cable with probe. Description and Itemization of Damage : 200 pair cable Estimated Amount of Claim: $2 , 500 .00 *(NOTE: This is an estimated amount . Final actual cost billing will be presented when all charges are determined . ) Date of Claim: December 3 , 1986 Pacific Bell Claim Number : 5B646-626 M. R. GYLOCK AREA CLAIMS MANAGER AMENDED CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT January 6 , 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 allCwRtjr.'S.ounsei CLAIMANT: ATCOMM, INC . d E C 0 5 1986 c/o Joyce Cram ATTORNEY: 1990 North California Blvd. Martinez, CA 94553 Suite 200 Date received ADDRESS: Walnut Creek, CA 94596 BY DELIVERY TO CLERK ON November 25 , _1986 BY MAIL POSTMARKED: November 24, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim.DATED: EYIL December 3, 1986 BPpHHIL BATCHELOR, Clerk : Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (x) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �0 _ ���� / 9O L BY: , V � De�pa�ty County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By 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: JAN O 6 19817 PHIL BATCHELOR, Clerk, By Li�- �l-t. �-�� Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today 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. JAN 0 7 1987 Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator AMENDED CLAIM TO: County of Contra Costa c/o Board of Supervisors 651 Pine Street Martinez, CA 94553 1. NAME AND ADDRESS OF CLAIMANT: ATCOMM, INC. ; Eldon Dicky Sailors, 960 Grant Street, Benicia, CA, 94510-2935. 2. SEND NOTICES TO: Ms. Joyce Cram, 1990 North California Blvd. , Suite 200, Walnut Creek, CA 94596. 3. DATE AND PLACE OF OCCURRENCE: Accident which is the subject of this claim took place on November 7, 1983. Claimants were served with the complaint on September 15, 1986. 4. CIRCUMSTANCES OF THE OCCURRENCE: On September 24, 1984, Michael Gerhart filed a complaint against the County of Contra Costa and ATCOMM, Inc. , Eldon Dicky Sailors, Stephen Austin Cain and Michael D. Cain in the Contra Costa Superior Court to recover damages allegedly resulting from an automobile accident occurring on November 7, 1983, on Marsh Creek Road, County of Contra Costa. A copy of that complaint is attached and incorporated. herein. ATCOMM, Inc. and Eldon Dicky Sailors wish to file a cross-complaint in that case against the County of Contra Costa. 5. GENERAL DESCRIPTION OF LOSS: The attached complaint sets forth the losses claimed by Michael Gerhart. Should ATCOMM, INC. or Eldon Dicky Sailors be held responsible for some or all of those damages, they seek full or partial indemnity or contribution from the County of Contra Costa. 6. RESPONSIBLE PUBLIC EMPLOYEES: The names of the responsible public employees are not known at this time. 7. AMOUNT CLAIMED: ATCOMM, Inc. and Eldon Dicky Sailors do not hereby claim any specific amount of money. Rather they seek indemnity and/or contribution from the County of Contra Costa for its proportionate share of the damages recoverable by Michael Gerhart. LOW, BALL & LYNCH R1,C .5 oY J J c Cram tL TME� ORS C C2 .. BY LAW OFFICE OF JAMES H. VERNON .«% : 1941 San Ramon Valley Blvd. 1 P. 0. Box 410 San Ramon, CA 94583 2 (415) . 838-9400 ` Attorney -for: Plaintiff G� J R �1:�` :ra Cfjunf'v Clerk..' .-•.. 4 R CONTFt:. c.;; �1,� COUNTV S�Q 1 G.Tcr.w z, Deputy 6 .:.{...+:..•Q,1�:.>' is SUPERIOR COURT OF CALIFORNIA COUNTY OF CONTRA COSTA . . 8 -:,�::��r.,�;'�r:►'::� Vit' . 9 MICHAEL GERHART., N0. 10 Plaintiff , COMPLAINT FOR DAMAGES : . .'` . 11 v _ }x•: is •:.2'•.:13{�' .y 12 STEPHEN AUSTIN CAIN MICHAEL D. CAIN ELDON DICKY SAILORS, 13. ATCOMM, INC. , CONTRA COSTA COUNTY and DOES 1 - 20, Inclusive. , 14 Defendants. 15 16 Plaintiff alleges : "rY" 17 1. The true names and' capacities whether individual, .�'`: 18 corporate or`-otherwise of the Defendants sued herein as Does,. 1' , e,. 19 20, are unknown to Plaintiff who therefore sues said DefendantsY.:b ?0 such fictitious names. Plaintiff prays leave to amend this «, ..:• . 21 complaint to include the true names and capacities when the same',' "' ) ) 22 have been ascertained. Plaintiff is informed and believes -and.. 23 thereon alleges that each of the .Defendants designated as Doe is ,'. 24 25 26 t i 1 negligently responsible in some manner for the events and ? : 2 happenings herein referred to, and thereby proximately caused : 3 injuries and damages to the Plaintiff as herein alleged. 7 g _.'t;• fir.. 1. 2. At all times herein mentioned, Defendants, and each of them, were the agents, servants, and employees of the other named 6 Defendants and were acting at all times within the course and 7 scope of their agency and employment with the knowledge and "..''. '• 8 consent of each of the other Defendants. 9 3. Plaintiff MICHAEL GERHART was lawfully a passenger in. the .;. 10 vehicle driven and operated by Defendant STEPHEN CAIN. r 11 4. At all times herein mentiohed, Defendants STEPHEN.AUSTIN :<`:: �,;. 12 CAIN and MICHAEL D. CAIN and Does 1 5, were the owners and : 13 operators of a certain 1978 Toyota Celica, California License -1N00".1--"". 14 OOIWIR, hereinafter referred to'• as the "CAIN VEHICLE". 1S 5. At all times herein mentioned, DefendantS ELDON DICKY . +. 16 SAILORS and ATCOMM, INC. and Does 6 . - 10, were the owners and .. " .' . ; 17 operators of a certain 1980 Chevrolet Luv truck California 18 License No. 1054117, hereinafter referred to as the "SAILORS 19 VEHICLE" . +'" A - ' ';. ";•:Y;; � �' ''t } gig; 20 ' '6. Defendant CONTRA COSTA COUNTY and Does 11 - 15 were ! '� `'`` 21 charged with constructing and maintaining Marsh Creek Road, a ' 22 county roadway, where the accident occured. 23 7. Defendant CONTRA COSTA COUNTY is, and at all times 24 mentioned herein was a public entity duly organized and existin9 ` ,:. t4`... 25 under the laws of the State of California. 26 - -2- 1 8. At all times herein mentioned Marsh Creek Road was and .is. ._ a county road running in an east-.west direction in Contra Costa- : :::' 3 County within the jurisdictional limits of this court. 9. At said time and place Defendants, and each of them, so." negligently entrusted, managed, maintained and operated their ' 6 respective vehicles as to cause a collision of DEFENDANT CAIN',S; y l.. VEHICLE with the 'DEFENDANT SAILOR'S VEHICLE. 10. At said time and place, Defendants, and each of then T s o =` ' 8 ;- 9 negligently managed, maintained, operated, owned, and controlled 10 said premises so that dangerous con itions existed in the form of `;� `Y• inadequate grading, inadequate warning signs and an unnecessarily.;;"�. ' narrow roadway.12 13 11. As a direct and proximate result of the Defendants, and 14 each of their negligence, as stated, the Plaintiff was .injured in :. 15 his health, strength, and activity, sustaining bodily injury 16 shock and injury to his nervous system, which have caused, and ; 4 I7 will clause, him great mental and physical pain and suffering,''all'°a 4 : 18 to his general damage, in a sum within the jurisdictional; - 19 limitations .of this Court. Plaintiff is *informed and believes;f = N: , 20 and "thereon alleges, that said injuries will result in some t: 21 permanent disability to him. 22 12: As a further, proximate result of the negligence of the 23 Defendants, and each of them, Plaintiff has incurred, and will 24 continue to incur, medical and related expenses in a sum to be proven at trial . '4 25 26 - - -3- �: 1 13. At the time of the injuries, Plaintiff was gainfully ' 2 employed in 'his usual occupation and, as a further proximate 3 result of -the negligence of the Defendants, and each of them, and .. I 4 by reason of the injuries suffered by him, Plaintiff was prevented `.•' ' 5 from attending to such occupation and has thereby lost earnings, 6 which will be shown according to proof. ' Plaintiff is informed and.; believes, and on such information and belief alleges, that he .wily;: 6 be prevented from attending to his usual occupation for a perio01. � c 9 of time in the future, and will thereby lose further earnings. 10 The full amount of earnings, both past and future, is u4nown_ to ' .:''n 11 Plaintiff at this time, and Plaintiff will amend this complaint..to'F'.:. 11 show said amount when the same becomes known to him, or upon .pr,00f : r 13 thereof. 14 14. On or about February 14, 1984, Plaintiff presented a ` 15 claim for damages to Defendant CONTRA COSTA COUNTY by serving a,. 16 claim on its governing body, for the injuries, disability, .losses , 17 and damages suffered and incurred by the Plaintiff by reason of 18 the. above-described occurrence, all in- compliance with the * 19 requirements of Section 911.2 of the Government Code. A copy. -of 20 the Claim is attached hereto as Exhibit "A" and incorporated by . . 41 reference. 22 15: Said Claim Against Public Entity was rejected by 23 Defendant CONTRA COSTA COUNTY on or about March 27, 1984 . A copy 24 of the rejection is attached herto ,as Exhibit "B" and incorporated '-.... 25 by reference. 26 d 1 WHEREFORE, Plaintiff MICHAEL GERHART prays for judgment s against Defendants, and each of them, as follows: 2 For 1. general damages in a sum to be proven at trial,. 3 g g. p 4 within the jurisdictional limitations of this Court; $ 2. For all medical and incidental expenses according to 6 proof; 3. For loss of earnings according to proof• o. 8 4. For cost of suit herein incurred; and 9 5. For such other and further relief as the Court may deem 10 just and proper. . Dated: September 17, 1984 /S/ :f ::•: " i = 12 JAMES H. VERNON, Attorney:...for_ �t 13 Plaintiff 14 x. is r>. 16 17 ; 18 14 y �� 20 ` • 21 22 23 24 1` 25 26 --5- s . I. U, HIL: 7,1',,' .ia•,:R.., Ur MUS 1-1 aiv uni,"uAn 1;U C1:1iIWUL..I and t;lJitihlrll, i.linad xhis K,.im i:7: Jaw Lheir Me tii1wes 6-heti t+1my i eve UUdn ascei'•talned... i. 1A "Ore t..11G <i•)L't•i._ a.tit i Woi.U:11ity Ui' Lunt, 1. -n .1i{, ;l:Uf3.. .,i ..;: s i r MON N PL'ICS and s'17t11107 t. Y:E Uhl Cow.; A !,1Ji.rd LUA;I. L..;.:. 1711 Cit' li1i , Cittilti Mtl:11cl:,i Lull ur'l '\liliiiiS daitidi;t;S '°x;'i,, 1)4u.&G , � iu 1 �. 11i:a l bills and ! jve t1 j�"�` : .. 1�ti. � tiii. t. 1'li�J iEi { � i :i a ! 1 t'03�lECL v U$S=`Q fi: � 5,c4t•'s t (:;:i'li 111 j' ,71 .....I .IiiA IE I+i 110M.1.' S ('i a ' u ! ! ! _,YJ 11Ui; tl:.ia'1'La1fIJiJ1 .' i1L L11t_'• !.`iiil.`'•11411,�1 t' at•i. • •.7 Eu Lhu ).:7{•I.i ': ih l..1 1. w :^ Y 1, I• 11u l('1Ci. 1 L'!.,!"ilu! 'f 1'1 �{� � •' • ^,"�'•>� ', :;:i• � 'kr�)*Un7i Atturne4y for+Citrimar 1 1 yM(.'i�'rr Vito t _ f it . I.W uAVlM L,1A71t1 LAJtitll /"�f1aLCllty\lA Chis Against the Cosaity, ee District ) NMC8 TO CUU29NT governed by the Board of Supervisors, ) The copy of ma ed to you is your pouting Erx3orsenents, and Board ) notice of the action taken en your claim by the Action. All Section references are ) Baard of Supervisors (Maragraph IV, below), . •• to California Government Cedes ) given pursuant to Oarernment Code Section .913 and 915.4. Please note all 'Warnings•. Claimant: Michael Gerhart 3233 We-st Swain Road, Stockton, CA 95207 County Counsel :;. Attorney: James N . . Vernon, Esq. P. 0. Box 410FEB 22 1984 r . Address: San Ramon , CA 94583 Martinet, CA 94553 . Amount: $1 ,000, 000.00 . By delivery to clerk on Date Mceiv+ed: -.Feb. 21 , 1984 By mail, postmarked on Feb. 14 , 1984 I. Fym Clerk of the Board of Supervisors 70: County Counsel4 t Attached is a copy of the above-noted claim. Dated: Feb. 22, 1984 J.R. C[SSON, Clerk, By Deputy I/ UedHne U. magiro II. FFM County Counsel T0: Clerk of the Board o Supery aces . ,. (Check only one) (X) -ibis claim complies substantially With Sections 910 and 910.2. ( ) ibis claim FAGS to comply substantially With Sections 910 and 910.2j, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it Was filed late and.send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: - Z ? - By: Deputy Ootanty CoaaLsel= :; �IT"FRCM: Clerk of the Board 70: Comty.Counsel 2 County Administrator.: `� U= ( ) Claim Was returned as untimely with notioe to Claimant (Section 911.3)* y. ; Vp! I``V//. Both By unanimous vote of Supervisors -present (x) This claim is rejected in full. ( ') other• � A 1 I vert y that this is a true and correct oopy of -the Board's Order entered in is minutes f gAis date. Dated: !! t3't J. R. CI.SSM, Clerk, By �� �.c . Deputy Clerk WING (Gov. Code Section 913) Subject to certain e=eptiahs, you have only six (6) months frac the date thi s notice was personally served or deposited in the :nail to file a court action on this claim. See Goverment Code Section 945.6. _ t�.,..-,_ ., 3 VERIFCATION 4 I, .the undersigned, say: S I am the attorney for the Plaintiff in this action; 6 Plaintiff is absent from the County of Contra Costa, California,.; : where I have my office, and I make this verification for and on` t-,_,�... . • }5 =.: behalf of that party for that reason, I have read the above 9 document and know its contents; I am informed and believe, and, on that ground, allege that the matters stated in it are true. Executed September 17, 1984, at San Ramon, California. , _ .. :1,:: Ideclare under penalty ofperjury that the abis true and l? above �.. •. .::.. correct.16 : JAMES H V RNON, Attorney 17 for Plaintiff ti 18 19 ?0 i ?1 ?? ?3 ?4 26 1, - 1 PROOF OF SERVICE BY MAIL 2 I .am a citizen of the United States and am employed in the 3 County of Contra Costa. I am over the age of 18 years and am not 4 a party to the action named in the attached document. My business 5 address is 199.0 North California Blvd. , Suite 200 , Walnut Creek, 6 CA 94596. On the date specified below, I served the attached 7 document on the attorneys of record in said action by placing a 8 true copy thereof enclosed in a sealed envelope with postage 9 thereon fully prepaid in a United States mail box at Walnut Creek, 10 California, addressed as follows : 11 DOCUMENT SERVED: Amended Claim 12 13 14 County of Contra Costa 15 c/o Board of Supervisors 951 Pine Street 16 Martinez, CA 94553 17 18 19 20 21 I declare under penalty of perjury under the laws of the 22 State of California that the foregoing is true and correct. 23 Executed at Walnut Creek, California on November 24, 1986 24 25 26 Ann Deborah ur am Knuasen 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 January 6 , 1937 • 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 noV-all "WARNINGS". County Counsel CLAIMANT: GEORGE ZARO 221 Normandyl Lane DEC 01 1986 ATTORNEY: Walnut Creek, CA 94598 Date received Mertln@Z cA CA953 ADDRESS: BY DELIVERY TO CLERK ON November 21 , 19$6 CAO BY MAIL POSTMARKED: November 20, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: November 25 , 1986 ° ppHHIL ATCHELOR, Clerk BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. vQ This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: A&I O�� �t�� 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 A) This Claim is rejected in full. ////( ���`) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: AN 0 6 1987 PHIL BATCHELOR, Clerk, By �-L� Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter.- If you want to consult 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: JAN 0 7 19g7 BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator CLAIM TO: BOARD Ur' 5UPERV15UR5 Ur' UUNTRA C;US'1'A %;UUN-1:.X Instructions to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553 Cor mail to P.O. Box 911, Martinez, TCA) _ 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 c s 1 ng stamps RECEIVED riov'07/ 1986 Against the COUNTY OF CONTRA COSTA) O L HELOR Dog �� or DISTRICT) CV Fill in name) ) sy 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) ———————————T———————————--—--——————————————————————--—-—————————————————— 2. Where did the damage or injury occur? (Include city and county) a O_YL ---------_________________ ________________--- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) ------------------------------------------------------------------------ 4 . What particular act or omission on the part of county or district officers , . servants or employees caused the injury or damage? tr (over) 5. That are the names of county or district officers, secyants:�mr-.-= :i-s ��-xx I employees causing the da ma a or injury? ------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto dam��a��jje) .-:4 NG/1� Cal ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. -------------=---------------------------,q6� --------------------------------- 9. List .the expenditures you made on account of this accident or injury.: :DATE' . : ITEM AMOUNT Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney)* or1py ripme gq'rso*n_.cZ his behalf. " Name and Address of Attorney �? u C 1 � is 'gnatur ddr s Telephone No. Telephone No. � NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city. district, ward or village board or officer, authorized to allow or pay the same .if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " SPRINGS & BERTINO BODY SHOP Body.&Fender Repairing &Pointing-24 Hour Tow Service—Underseoling 1413 Carlback Ave. Phone 935$870 WALNUT CREEK, CALIF. 945% k"E L" — DATE . ADDRESS r. P PHONE INSURED BY ADJUSTER PHONE Symbol FRONT Leber Lobar Ports Symbol LEFT Labor Labor Parts Symbol RIGHT Leber Leber Ports S Ilrs. Bumper Bumper Brkt.• Forder, Fri. Fender, Frt. bumper Gd. Fondw Shield Fender Shield Frt.System Fender Mldg. Fender Mldg. From Hood lamp Hsod la mp Cress Member Headlamp Dos Headlamp Door Stabiliser Sealed Boom Sealed Boom Wheel Cowl Cowl Hub Cap Windshield Windshield Hub &Drum Des, Front Dos, Front Knuckle Knuckle Sup. Dos Hirq• Dos Hinge U.Cont. Arm-Shaft Dos Glass Des Glass Vent Glass Vent Glass Up.Cont. Arm-Shaft Dos Mldgs. Door Mldg. Shock Dos Handle Doer Hand Is Spring Center Post Center Pest Tie Rod Dos Rear Dos Rear Steering Gear Dos Gloss Door Glass Steering Wheel Dos Mldg. Door Mldg. Horn Ring Rocker Panel Rocker Pane Gravel Shield Rocker Mldg. Rocker Mldg. Perk. Light Floor Floor Frame Frome Red. Grille Dog Leg Dog Leg Qwr. Panel Ouar. Panel Qwr.Mldg. Ouor. Mktg. Quor.Glees Oar. Glass Fender, Rear ender, Rear zz G� Name Plate Forder Mldg. Fender Mldg. Han Fender Pod Fender Pad Baffle, Side REAR MI SC. Baffle, Lower B per / Inst. Panel Baffle, Upper umper From Soot Lock Plate, Lr, umper 2K,; j > Front Seat Adj. Lock Plot*, Up. 4r=l S Cl Trim Hoed Top Lower a "r, Headlining Hood Hinge F los Top Hood Mldg. Trunk Lid Tire R Worn Ornament Trunk Light Tube Rod.Sup. Trunk Hand Is Ba ery Rad.Core Tail Light .int �t3 Anti Free:* Tail Pipe Undercoat Rod. Hoses Gas Tank Fon Slade Frame AUTHORIZATION FOR REPAIRS Fan Belt Wheel You ars hereby authorized to make the above Water Pump Hub &Drum spec iiied repairs. Motor Abs. Aa Is Signed Clutch Linkage Spring / GROSS PARTS G ... ...R DISCOUNT NET PARTS J SALES TAX Z MAKE EAR STYLE MODEL MOTOR NO. TOTAL LABOR SERIAL NO. LIC. NO. MILEAGE { GRAND TOTAL A•Align N•New OH-Overhaul S Straighten or repair ate S act to Price.Change •l tstimate Keport 2628 NAME �"-" �" r`�= DATE / — ``BUS.PHONE i01 ADDRESS—?:2/ i-r •' 4'G1pI r`. j` C� STATE ZIP PHONE RES. 'YEAR �� MAKE - '�""'/MODEL LD.NO. PAINT CODE - PROD.GATE TRIM - MILEAGE LICENSE NO. INS.CO. CLAIM NO. R.O.NO. ADJUSTER PHONE Deductible/Betterment fABO 2 7 L 10 11 12 - 13 14 c L ?-,-'�, C 15 16 17 18 19 \ 20 21 ' 22 J' 23 71 24 25 J 26 27 28 / ✓F i' 29 30 WRITTEN BY TOTALS I he authorize the above work and acknowledge receipt of copy. Signed X PARTS Prices subject to invoice $ LABOR �/. 7hrs. @ $ o $ f �` BRANER ® SLOANE Shop Supplies $ PAINT - hrs. @ S $ G MOTORS, INC. Paint Supplies 5 Towing/Storage iscell $ 1 840 NO. Main $t. Sublet/Miscellaneous _ $ WALNUT CREEK, CAL. 94596 wac SUB TOTAL $ Phone 934-8224 \ / Direct Line 934-8575 �► TAX $ `r- /T TOTAL ESTIMATE $ ^2- r 0 885-07633 NORICK OKLAHOMA CITY I 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 January 6 , 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: $103 . 21 Section 913 and 915.4. P 1 easea5tynt�l(, trgjj CLAIMANT: DOROTHY A. ESPOSITO 168 Woodview Terrace Drive DEC 16 1986 ATTORNEY: San Ramon, CA 94583 Martinez, CA 94553 Date received ADDRESS: BY DELIVERY TO CLERK ON December 12 , 1986 BY MAIL POSTMARKED: December 8 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. December 15Pp , 1986 HHIL ATCHELOR, Clerk GATED: BY: �eputy 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: y 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. JAN 0 6 198 7 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: JAN 0 7 1987 BY: PHIL BATCHELOR byV/!"--.Teputy Clerk CC: County Counsel County Administrator CLAIM TO: *BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P.O. Box 911, Martinez, CA) C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Clerk' s filing stamps xx Against the COUNTY OF CONTRA COSTA) �E or DISTRICT) pa- (Fill in name) ) p g F E E The undersigned claimant hereby makes claim ag n$ ontra Costa or the above-named District in the sum o and in support of this claim represents as foll . 1. When did the damage or injury occur? (Give exact date and hour) 5 city acoufit 2. Y)Where ccurin 'ude 3. How did the damage or injury occur? (Give full details, use extra sheets if required) ------------------------ � �. � 4. What particuiar act or omission on the part of county'or district o/fficers , servants or employees caused the injury or damage? (over) 5. } What are the r-ames of county or district officers , servants_.or• employees causing the damage or injury? ------------------------------------------------------- Z7 - --- -- ---- 6 . What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) 8. Names and addresses , f wi nesses, doctors and hospitals. 9. List the expenditures you made on account of •this accident or injury: DATE ITEM AMOUNT ,�2 i» ************************************************************************** Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person ori his behalf. " Name and Address of Attorney Claim is i a"re /-a4A, Address Telephone No. Telephone No. ************************************************************************** NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " SAN RAMON TOW 25 Beta Court Suite K SAN RAMON, CALIFORNIA 94583 (415) 8206304 DATE TIME WOUES ED BY AAA f FOCATq4 OF VENCU 7. I 7 MILEAGE SERVICE TIME EXTRA PERSON FINISH ( FINISH FINISH_ START START START } TOTAL TOTAL TOTAL YEAR _ -'M ^ - • -' N VENWAP=NSE f! . I PMVER START Ej LOCK OUT 0 FLAT 1 RE S� DOLLY C) BA".ERY [3 WET [jr"' FLAT TOW BRAKES FLOODED WRECK E] HOIST TOW TOWED TO REMARKS — MILEAGE CHG. —— -- � ACL JI �1 '� TOWING CHG. / I LABOR CHG. r v t —STORAGE CHG. I J+ III I� (?QC TOTAL BIONATURE) 5463 road , service PRODUCT 613-3®Inc.,Groton;Mon.Olgl. GBF 4S-14 "..�M O O . s!. e #Z3 s '"t� „.- '".q'•'. f rv-k }, � x r :y. . x n c�m —S�DCD j 7 -C ' Ns , 1t�! o �a.cg A 9r- O. moi';mlo c� DZ71m „N m o�m: . t m .•� 0 4 mn a m.'S" S ma' > _�f rl :Itl f a. �' •3`...Y� 'O _r m o oiro ._ n�., S � '`!�� _K•al s .,�� Cx r syl{ t ts.. i..7 k 14 -k'4 ;4 "hy < 60 . j # �o 5'4. 3^-. .!D � !gym D.�n S�i ., >�" '.fi � #.,_ �', l -_ k'l `s„� t •""'s9�.a I,'E. Z r l 77. tc t c:a-.•:" a ms. j a'.c .,$ _". i ! In '{' � m�s. - `C y, �� � -q •s i �•� try• i. P �. s;St.. q r � ,s�. r yy T i s :�" -44 ♦��m�!m. � '� � �..a E� Ir D � -77 �' DD•. � �' .i "l t i. � a- � �E} i f� k�z x , ��^r.� � 'm73 . "`�� ^�'�(m, -t. 3 ,D -� N '{"� t y: :Z, '9 9N •*' 7 _� �.S ": '• #. ; , �` N 'c ! y 4 ,;C_ tz ZZ 0 r _ " at,A 9e �� a .i d i• .c ','; .{ t '•rT-. •4•t .t.., ::�. -". .,�._ i. a j.Y' r _ m.AO o i ¢.. � -:i "#. � 9 � •`_� S t $ 3a`- <+ t7 1 D �.2 ... s... m Out t v D Qovoi. x p r 1 Nt tai" vY a 0 fl !p —Q Y01 y x r_ i _i A k z K�Z A AAA, Z fl a W. zp 9 �� D �•-_' � (� � :, ,:� k -a rl,�Z s sr,_.,��' ,� � Ct.. 5 J-� 'i�: y .; �- �,� "`s,- z �..a"' �} »� ...5�, .'►'? 'O .D ¢y. t�' � c � . zi Ilk O 'D D. 3Yl 5i na ra w r c KXp% - ad �. •Z > y �- ,cq� s �: t Arte' tt.^ �'��x~r �� � t ��. .j 1 k� •�„ `t �=t. ;sr^sem Y�-'Ar .�w,r- ' r,.�,..�:: *�. rC " 1 X '�+e• '*�- ."` tM b Lk' s=L,t' +#l�i'`, R`� � -. ,Y �, si -„,.. j'� .'� otic 4 a. Y a .` "4 -+�' �„4•� � y L� Ct' � Ds -, «r �' - AL l ts .r -.,+„ -+n. r� +';,?�t '►'` .� 'Rawa .,..r. "^',t ,Y'u7' sltt•r `.?..,;. 'td6 �,. ?i" ': •�h-'` S f mss+: � x-� a Ir-¢s '4 �9�a.i-a a� •sL Tb. 1NVOICE BbPr � C3 D? � C 0 'O.- 3 0 © ®:'C] {J' 'Q Q -�3 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 January 6 , 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:-$135 , 000 . 00 Section 913 and 915.4. Please not all "WA INGS" ounty Counsel CLAIMANT: FIREMAN' S FUND INSURANCE C014PANY FOR ART FERRARI TRUCKING c/o Jane Butterfield NOV 2 1' 1986 ATTORNEY: P. O. Box 4009 Martinez, CA 94553 Concord, CA 94524 Date received ADDRESS: BY DELIVERY TO CLERK ON November 19 . 1986 BY MAIL POSTMARKED: November 18 , 1986 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ��IL BATCHELOR, Clerk DATED:_ November 20 , 1986 : Deputy I. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. Y q 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: �. /11XKf6BY X-i�County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: JAN 0 6 1987 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the :date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JAN 0 7 1987 BY: PHIL BATCHELOR by [�Deputy Clerk CC: County Counsel County Administrator CLAIM AGAINST THE COUNTY OF CONTRA COSTA IV � Government Code Sections 910 ' 911.2 require that all claims RECEmust be presented to the Controller within 100 days from the (iUV `?1986 date of the accident. NOTE: This Claim Form must be submitted in duplicate, and A� f s1 A 0 {SORB both copies must be signed in ink. CE ireman's Fund., Insurance Company CLAIMANT'S NAME: for Art Ferrari Trucking SOCIAL SECURITY NO. : ADDRESS: P.O. Box 4009, Concord, CA, by Jane Butterfield, 94524 TELEPHONE: (Home) (Work) 689-0600 ADDRESS TO WHICH NOTICES ARE M BE SENT, IF DIFFERENT FROM ABOVE: DATE OF ACCIDENT: 8/11/86 TIME: 6:40 a.m. LOCATION OF ACCIDENT: Vasco Road, Contra Costa County IN WHAT DIRECTION WAS THE .PUBLIC VEHICLE TRAVELING: HOW DID THE ACCIDENT OCCUR? Vehicle #1 (Art Ferrari Trucking) came around curve n-bound in road, hit vehicle #2 (Kiewit) . Vehicle #2 spun out of control going south, hit by vehicle #3 (Art Ferrari Trucking) n-bound also. DESCRIBE INJURY OR DMIAGE CLAIMED: Injuries to Roy Smallwood, not known. Property damage to Peter Kiewit & Son, 1986 Ford $100,000. NAME AND/OR I.D. NUMBER OF PUBLIC EMPLOYEE(S) INVOLVED: Not known TYPE AND/OR NUMBER OF PUBLIC VEHICLE: Motor Coach Trolley LRV Cable Car NAME(S) OF EYEWITNESS(ES): 1. TELEPHONE(S) 2. 3. ADDRESS(ES) OF WITNESS(ES): 1. 57A'I'r OF CALIrORNTA \` , CONTRA COSTA � � a) this � d4ay of 194E County of S.S. j=: ' Before me, a Notary Public in and for said State, personnally appeared ✓L/ I Known to me to be the Person whose Name subscribed to e iaithiti instrument and ackroivleciecl that executed the same, ltlTi\TSS my hand and official seal. Signature OFF{C!;+L SEAL . *,. . VEc�! . ;:5. �R{ti�4q Veva M. Cramer `" r Cni�tf 1 CQSTIi cobNTY gyp' =' 6:Y ccr.ss,^r.exp:rs Qct.26.1390 b (AUG 18 49,5 S/A'Is='! CAU/Dw NtA ',Y ;. TRAFFIC roOLLISION REPORT FAGS Or SPECIAL COMOITIOM$ NO.INJURED M Q a CITY ' ^' ISLONY JUDICIAL DISTRICT MYM&la tr t 1 NO.MILL MQ R COUNTY wt POSTING DISTRICT •[AT S / MID 'y /�'/7 W � v ...,r,�,,,.• co�oN oecuww[D ON � Mo. DAr Yw. TIME (:•oe�ac quMtEw o•PIc[w I.D. f ............ �.....---_...........------ ?,!F ISILSPOST 1MPOPOATION ., INJUET,daqSO0MiajsR TOM AWAY {TATE MIGMRIAT wt LA TtO V 1 PaaT _ O/9416SPOST - - - F�rtf D.MO D Ytf It NO PMOTOOMA►M{ wT INT aR cnoM frITM ',.'. <r. ;..� 0 �Ow'r s Ps/MILES Or �/�' L„ C 1 1 �c 't{ ,..D NO . PARTY NAMa (►Io ST.MIODLK,-LAST) [R't MANS U SA Mt As Dwlvaw Crli9zLE �L�i.• ..,.Gt� .J Ai' 4��-4�� / L0040, .DwlVcw STREET ADDRESS OME PMO"■ Do""*•s ADDRESS SANS Al DSIV[ ::y,;j(f:lY'My('• I.1 G :.. .�. �. y�% �� L 5r U/ Prot-ol ►� 1 f<: Tw1aPlEcas- clTv/sr ATa/SIP -. . ., DUSIM[u PHONES DISPOSI/TIIO, O.vcmT�p Dcwf oP -P, O.►ICaa DRIVER D eTHUM i! PARKED ORIVRO'f LICRMSt MUMS" STATE BIRTHDAYS SSX MACa DIEU CTION O. ONAst�tf (STRECT OR MIOMMAT) j*PSaO LIYIT� _ "Va.. p MO. DAY Y TwAVtL -0•i &ICY- V[M.YM(1) MAKE(S)/MOOKL(S)/COLOM(S) LICEMSU NO.wf) STATa(s) CMP USC VKMICLS DAMAGK—SXTENT/LOCATION ; �'ly N��1(.t�rr��'1yy♦♦ ONLY I VEHICLE TrP MIMOM MODREAT[ MA/OM TOTAL 1' � x. Ti.e.�1 •?.�� [� iii77 rJint/ (� �r �frf1.- ! "Oe PARTY Hwrt (FIRST,MIDDLE,LAST) [E t MwrR (SAME As DRIVER Da1Va. iTws1ST ADORSGSL NOMI PHONE Ownaw's AOOw[ss {SAMC AS owl It >01 Lc Fa DRS- CITYIGTATa/ZIP "y,:'y' &Uf INK{f PHONE DISPOSITION or Va". ION covani O. TRIAK .. .. +... PARKED DRIVER*{LICSMSS MUMMOR I :Y.y';.� STAT[ &tETMDATE SER MAC[ DIMS CTION.O. OM//1rOti (f TERET OM HIGMYAV) SP[so LIMIT ::VSM. •;'(,,Y�� NO. CA VM. TRAVEL 1 of c •ICV- VCM.VR(S) MAIIt(S)/MODtL(s)/COLOw(SI LICENSE NO.(S) STATE(9) CM► USE VCMICLR DAMAGa—KXTKMT/LOCATION - CLOUT �2 / ✓ ONLY ,HT1 ' 'i':!'�" �f/ , 7Al 0-7;;�# ! /q,� P� C 4.� V[NICIt TrP `MINOR Dd M�.O..Al. Icy MAJO. D TOTAL Fen el PARTY MAM 1,10ST,MIDDLE.LAST) an's AMCMSAME At DRIVaR I 1 '3 ENE v0 /HC Aa, - ONIVER SYMSET ADOMUSSS ; ..�/ p'� NOME PMOMS Oa'.L R's AOD.ast Li SAra As DRIVER /�'��.L J.P., f�1 W �� D)-: /�lrtT-:.f-1 Sipe, �✓ �i ���•�I Ci ` goes- CIT'/STATS/LIP DUS1.96S PMO.[ DIS►OsITIOM O. Va", OM OED t OP \ TR I A M �/J7.9 ��.,' I y.�Y ✓� � I\ �•I �C D OP.ICa. 0...Vs. D OTwtw PARMaO Dwlvan's LICa NS[ MUMmCR -. STATE BIRTHDA T[ sSX RACE DIEECTIOM OP OM,AGP Oft (STRS[T OE MIG.WAY) Si LIMIT VRM, YO. DAT YE. _.....L .A .15 &ICV- VU..10(9) MA.ff(S)/MOOSLjS)/COLOR I`` LICc N{■ NO.(S) STATIC(S) CMP USE Vt MICL[ OA WAG A—tXTKMT/LOCATION '- CLIST �'// r/ /1�.I ONLY 11�, J �- - ty� • -' // - VC—CLS TYPED MINOE D MODEMATE �J Vw AJOR D TOTAL OTMcw fff!!!TTT••• ' PARTY MAM[ (.INST.MIDDLE.LAST) OA"NaR s NAMa SAN. Af D-IVa- DRIvaM ■Tota+ADDEass MOMt "O.t OI.MRR'S ADDRESS Lj SAME AS DMIVEM Pa Dts- CITY/STAT[/SIP ■V{IIIRst 0M0M9 DISPOSITION o. VEM. OM OED[wS OP , DO►PICaE D DwlvaM ❑OTHER PARKED Owlvaw'E LICRMse Mu174ACU DIaMsaft STATS BIE TM OATS010CCTION O. amiACROSS (STwttT On MIGMRAY) s-c RD LIMIT . YRM. , MO. OAT Vo. TMAV[l '.../��;�•. &ICv. Va".Val{) MAM[(S)/MODRL(S)/COLOw(f) LICENSE 060.19) GTATE(s) CMF USE VEHICLE DAMAGE—a ATtNT/LOCATION '•; {i LIST ONLr VRMICLX T'06D MINOR ❑MODERATE" ❑MAJOR • ❑TOTAL OTNUM • • -1' .fin.. l':>•: -� t y�Z=i':,. #CHP-555—Pape 1•IRev$84) 0P)04t �. _ -. .�.s'9�. •:! +L +a:¢S11LIr.�s y. +SA]f!!1, e:..:srrLHa.nin+>a.-srzr ferrvs6Lr�i+/i�I.l '.ill'•--rY�eas• %c:.ti4661 ,f [TATE or CALIPOw N,A :;,,T•RAFFICtOLLISION CODING, .�' OAT8 OOP'CALL1410" J[/[/y• IT'", (/70001 "CIC NUr[[w /F - OI F,C[R IIS./yP• 1"..wit v // ♦w.V C76O iii `/ ^ I O �/ ra. DAV ...7 PROPERTY DAMAGE OEaCNIPTION OF DAMAGE _ ' owMEwywwra/woowafs ,, � � � � - NOTInaD ... ,,'X' -s - .. t' _ �.. .. - l ❑rat l '•� VIOLATION(S) JPARTY I ARTY A PARTY 1 - PARTY 4 1 y : CHARGED fA ''•'PRIMARY COLLISION PACTOR TRA IC HTROL DEVICES 2 ) f a TYPE OF VEHICLE 1 2 ) 4 MOVEMENT PRECE: (LOST MYMSER(0)OF PARTY AT/AU IAtAqWTPoLs FUNCTIONING A PASSENGER CAA/{TA.WAGON COLLIliOR f� 0 A SECTION VIOLATE : ONTw OLf"OT FUNCTIONING• B PAfia NGtw CAN M/TRAILER A 51.0 Pao ` ! S C ONTw OLf OSf CYRED• �ICLMOTOR Cr CLE/f COOTcw y 8 PROCEEDING STRAI[ 2 OT"Ew IMPROPER Ow1V D CONTROLS NOT Paa S["T/P ACTOR D"101.,CKUP OR PA"tL TRUCK C RAN OFF WOAD E ►lc u►/PANEL TwK w/Twt.w D MAKING RIGHT T-A.. T� C OTNEW THAN colvam• TYPE OF COLLISION F Tw YC A TRUCK TRACTOR E MAK("a L■IT TURN }u D UNKNOWN' AHEAD-ON G TRK/TRK FACTOR W/TRLR F MAKING V TURN WEATHER (HAWK , TO 7 ITEMS B flocf WlPtM SCHOOL SU G SACKING A CLEAR C REAW CHO OTM EA SVs 1'1 SLOWING—STOP►1"G B CLOUPr D■WOAD{10[ ` J EM[wGEN CY VE CLC I'VASSING OrHKR V[' Fid•„ L MAI"ING E HIT ouECT IK«Wv CONST.tDU1P cwT J crw"GING LANES t D4NOw1NG F OVERTUFMED L [ICVCLR K.MARKING MAMEUV[N• E Poo G VENICLEIPKOKSTRIAN M DINKA vENICLE L ■NTCNING TRAFFIC F OrHaw•: H oTHcw•: N PSORSTR1AN M OTHER UMSAI[TUM G WINO O MO►[O N AING I"TO OPPO[ING LIGMTING MOTOR VEHICLE INVOLVED WITH, O PAWKLO ''•' A DA'LIGHT A NOM-COLLISION t 7 ) / OTHER ASSOCIATED FACTOR ► rrwGING DUSK—AMWN B PSOSSTNIA" (MARK I TO ]ITEMS( O TRAVCLINo WwONGr ,' _•'��, C DARK—STRt ET LIGHTS 'C OT«ER VOTOR VEHICLE - A VC SECTION VIOL TION: R OT"Cw•: rytiJ;•, D DARK—NO STREET LIGHT{ D MOTOR V[".ON OT"EP POAOWAV 40,00 1 .y STAT RT 110NTf NOT E •APHID MOTOR VENICIE B VC■EC110" OLAT O DANK-- FUNCTIONING. F TRAIN l'L G SICr CIt � G e♦f IAN LA TION: .,., ROADWAY SURFACE H ANIMAL: Lv/ 1 2 ) a SOBRICTY—DRUG K A owr c {E CTIo"v OLATIO": PHYSICAL •'} B WET1 FIA[D OS7C CT: (r•wN 1 TO 7(TCM. C sNOwY lcC E VISION aSSCUREMRNTS: X Y. A«AD NOT•EtN owl... D fL1PPE wY (MUGGY,oar,[Tc.)• J eTNaw OS1[cT: ' 8 HED—VNO[w IMI LU[' F IF ATTaN TION C MSD—"OT VNDaw IN• •ROADWAY CONDITIONS G STOP&GD TRAFFIC D"wD—rM►AIwMENTuN- 1 MAwN ,TO ]ITEMS) PEDESTRIAN'S ACTION H[NTaRING!LEAVING ■AMP E UNCEN DRUG IN►LU[• A HOLES.DEE►RUTS• A NO •f DESTPIAN INVOLVED 1 PREVIOUS COLLISION F Ir•AIR Y[NT—PHYSIC B LAOS[ MATERIAL ON ROADWAY* CROSSING IN CROSSWALK J UNFAMILIAR WITH ROAD G IY PA IR MINT NG1 KN: B C OBSTRUCTION ON ROADWAY• AT INTERSECTION K DEFECTIve VEH.RGUIP•: H MGT APPLICASIE D CO"STRUCTION-REPAIR IONC .0 C0 OSf IND IN Cw DSSWALK—NOT 1 SLESPV/FATIGUSO E W[OUC[O ROADWAY WIDTH AT INTERSECTION L uN,NVOLVac VaHICLE F FLOGGED' - D CwofflN6--MOT IN CROSSWALK M OT"tw•: 1 2 1 ) 1 a SPECIAL INFORMAT, G OTNEw•: E IN ROAD—INCLUDE{SHOULDER x N"O"f ^"AFENT A MA7AROOVS MATERIA H NO UNUSUAL CONDITIONS I F NOT IN wCAD_ O RUNAWAV VEHICLE Q IIB[ INVOLVED• - G APPROACH INC/LEAVING SCHOOL SVS 1 1 C TIRE OEF[CT/IAILUP iSKETCH MISCELLANEOUS !' INDICATE "DAY- . , I I�✓11 PHYSICAL DESCRIPTION OF PARTY — I' r" NUMBtw "A." ETaf INSI.G.-T wal0"T ►A[► wfR' NAM[ 1.0.NUVS[A YO. DAV rR. R[VIR WI A'►"AM[ - - YO. OAr CHP 555—PaBe2(Rev 12$4)OPI04 2 r. ;.� i'>:�,,, i a/' i 1 ?r ., .°�r;•�tic.,�wi''i:_ f!`-1 ?aa .+ hof to eonc R ..jnj�.G-i��llh_Sc.....'A'Ii+-A��..��I:-r�eJ.- .SII Ti�•r'��',t�:bpi'�./ifwkil{V',A/�":2a�m'Jsv'�la):'f� ctitr .l�3kaAP_ .a�I'�,..lid^_i:p�Eii�Yq+1�I�V/Rr�l�i: - ,. .�.. . _ . _.... {-.at O.ClL f`Ow N:A IN5LrRE67WITNE-SSEVPASSENGERS •c AT!!F' LLIf1DN �� 'TIMb�o��: _jNcic Ny..t✓/� � 1��w��^ IN.JM t[w . !MC DAv YR, 1 I 1 I EXTENT OF INJURY i"X• pnc- INJURED WAS CA"one) � i WITNEEf ►ASSENGER PARTY SEAT!N ONLY ONLY AGE i SEX FATAL INJURY SEYE A[ ! OTNER Y1..... ' CO.-L-41Ow1V[q *Af►: *t D. ISICTCLIST, OTN[w (NUMBER, ►OSITIC INJVwY 1 1NJyR1Et C. •AIN 1 i NAME/App ti,(ff/TEL :7-4TR {►ow EY ITAKtN T (1�Vwwp ONLY ?' ��� A'`n ', DE{Gw RE INJ VIII[{ ' s D I /�') C ❑ G I �, i J 7 I u NA ADOwiff lT[LE/KION[ /V ALL � J= � - ?��C r'r»�i��t " •�-c,f � ' �r-. f�! ' TRANS*O-TEb ■Y/TAKEN TO (INJURED ONLY) DEfcg1E[ INJVwIES .f NAM OEE SSj TE L[►NO E Tw ANS►ORTEO E"%TAK[N TO (INJU.ED ONLY) I / OI SCwIE[ INJ Vw1Ef � {/�J/ /�LL'r /�/\/^! /•� _// . // ( NAM[JADDwtSf/TILE—ONE TRANf.ORT[D EY;TA Kth TO (INJUw[O ONLY( DE{CAIEE INJVwI{f C lam! ( U I1 IJ NAMEIA DDwf!{/TELE*K 0.1 ' Tw ANf FORTED EY/TAKEN TO (INJURED ONLY) OEf Cw1EE INJVw1E{ N A ME I ADD.E{{JTE LE-.0.F Tw AN{*001[0 EY JTAKtN TO "—"W.ONLY case-.E[ INJUw1E{ 1 *wa *f w' NAM[ :.0. 4:1•IECq MO. 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L.• CHP 556 iRev 12.841 OPI 042 Use previous ed-tions until deu-etec NARkATNEISUPPLEMENTAL PAGE / 'DATL p• OW..�•wL INCIpL• iTIML �[L00� �.C•C •+JMtl[v — ///• v"oNE x .cue7—C [V••l[F[NTA NARRATIV C. IrCOLLISION REPORT BA UPDATE —. FATA_ HIT RUN UPDATE EUPPLEMENTA�. OTHER: `_ HAZ. MATERIALS — SC' DJC Bus OTHEP: i] CITY/C"N"Y JUDICIAL DI[TRI- R►'.DI[TRI_ '1[A� ICI—TION MUM�[P 1v j , 7 - LoeAT pN es-owreY ��w{..�- -,.. ,.., ;ETATE NISNwAY RELATI � /v.r�r I � V( � ,• •��'��ry'•� �I/ E�-VL/ � �-� YES � N O 7. 9. rl en 13. IF -57 r y 1 a i -7-7� zz. AgdI rf ? - /�' `' :•i'. I�_.r'r T L; : Lei,,/ 23. f / (-�' T7%/Ute-.�. l�/; t� 44�! 24. �� � f�7 Yet::>! • �_��� _� �C _ r 26. 27. 2s. 29 30. 3 _ � FFEF 111•E AM[ �I.0 -metes MO V^Y R, w[Vi[NLF y ryA E I.0 a., Yw, CHP 556 iRe,• 12.841 ON 042 Use wevlous ed,tions unit'deo'eted. e1 R. SIV"O.�.1tillpwNlw . �. NARRATIVE/SUPPLEMENTAL vwGE`� 0.T. OR O .—AL Ih CIOI NT I'... (1/00( 1NCIC...On. O►►ICER 1.0. IMO• Do, // Tw. �� I / /��Y V ✓ V•/� . I'1'•ON[ 'SNC TV.E tu►►L[MCIiTAL )"%"A►►LICA.L[) iNARRATIVE \OLLISION RE►ORT ❑ BA UPDATE ❑ FATAL ❑ HIT& RUN UPDATE J SUPPLEMENTAL I ❑ \OTHER: G AZ. MATERIALS C SCHOOL BUS ❑ OTHER: CIT,/COVNTV JJUDICIAL DIST ICT w►T.DILTRI/C`i/y.•[AT CITATION NuY.lw 47A. 1 U LocwTl NEl�ycr [TAr[.IlcN rwT wELArI ❑ YES NC 4 2. V -"' 3. or 2/ i 16 7. s. IN ti✓ 9. � � ♦vG --• is 10. s 7�j�.i E� .� i t� 1 � ; CIA- 12. r�� :/tom �� 72 13.. 14. 15. 1 b. )17. 41� (,9. 20. '21. 22. 23. 24. 25. 2b. - 1 3 i27. 1 L28 )29 (3J � LD uY.cw o DAv vw, iwa Vll we w'•hAYL YO. OAT Tw I C-p fobG P.. 1284, OVI Oat Use pre,lous editions until depleted. 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 January 6 , 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: $10, 000 . 00 Section 913 and 915.4. Please noteall "WARit%S"lY COUnSBI CLAIMANT: JOHN A. CREER DEC U c/o J. Stephen Ingersoll-Thorp 11986 ATTORNEY: Andersen & Bonnifield Martinez, CA 94553 P. O. Box 5926 Date received ADDRESS: Concord, CA 94524-0926 BY DELIVERY TO CLERK ON November 24, 1986 8Y MAIL POSTMARKED: November 21, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. p yDATED November 25 1986 TIL BAATCtELOR, Clerk � 2 L. Ha 1 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: �(I�/(� /Q, / ��� 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 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: JAN 0 6 1987 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JAN 7 1�a BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator rTViVrFri!CVPb1L.a&1v1I aW. Instructions to Claimar.' �;'erk o1 the Board M rtinez,Caldomla 54553 " A. Claims relating to causes of action for death or �or injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by )Reserved for Clerk's filin stamps JOHN A. CREER ) i RECEIVED ) Against the COUNTY OF CONTRA COSTA) ;,�,+�I 1286 ) or DISTRICT) (Fill n name ) CLE K P RE SE P° ORS T BY The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 10 0� and in support of this claim represents as follows ---------------------------------------- ----------------- ---- --- When did the damage or injury occur? (Give exact date ani hour] On or about October 30, 1986 , 10-12 : 30 p.m I:- Wbere clid-tie damage or injury occur. (Include city and county) Room 4, 2 Module, Martinez Detention Facility, Martinez, Contra Costa County ———--------------- ——— ——T —--—••——----- 3. How did the damage or injury occur? (Giveull �etai�—s,— use. extra sheets if required) Clain t was eating a bowl of fruit cocktail in his cell, as part of the luncheon meal served that day, when he bit into a -jagged piece of glass that had been concealed in the fruit cocktail. 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? Glass or glass products of any kind are absolutely forbidden on the modules. County employees obviously negligently failed to either detect or remove the piece of glass from the fruit cocktail claimant was eating. (over) 5. What are the names{` %f county or district offs- rs , servants or' employee'E� causing -...e damage or injury? Unknown at this time. 6. What damage or injuries do you claim resu�te�? Give full extent of injuries or ,damages claimed. Attach two estimates for auto damage) Mnor laceration to the inner mouth, and chipping of ane of the claimant's teeth, ------ancLhis plate.--------------------------------------------- -- 7. How was the amount claimed above computed? (Include the estimate amount of -any prospective injury or damage. ) The exact amount of plaintiff's medical special damages is not yet known, as claimant anticipates further medical treatment, however; the majority of the amount claimed above is for claimant's pain and suffering. ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. Deputy Sellers and Deputy Daley, inmates Lonnie Bovie and Sam Young 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT None to date 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 J. STEPHEN INGERSOLL-TH01zP Claima t s Signature ANDERSEN & BONN AAMCL �IFIELD 5 0� y c5 D . �0 5 P. 0 Box 5926 Addre � Concord, CA 94524-0926 `(-�'��,�,����� Telephone No. 415-825-5100 Telephone No. ly/5, 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. " AMENDED / ._ CLAIM - BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT January 6 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 note11 " am ngs" dounty �ounsef CLAIMANT: ROBERT D. KASSELS AND CHARLENE B. KASSELS c/o J . Daniel Dunlap , Esq. DEC 2 1. 1986 ATTORNEY: Belzer, Jackl , Katzen, Hulchiy, Murray & Balamuth 2033 N. Main Street, #700 Date received Marline7, CA 945.5 ADDRESS: Walnut Creek, CA 94596 BY DELIVERY TO CLERK ON December 19 , 1986 BY MAIL POSTMARKED: December 18 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL gATCHELOR, Clerk DATED: December 22, 1986 Ed: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (x) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 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 if^f"fi?lL� () 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. / JAN 0 6 197 PHIL BATCHELORClerk, dy CL� Dated: , 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: JAN 0 7 198 BY: PHIL BATCHELOR byDeputy Clerk CC: County Counsel County Administrator 1 BELZER, JACKL,, KATZEN, HULCHIY, MURRAY & BALAMUTH 2 2033 North MaA n Street, Suite 700 -Walnut Creek , CA 94596 �� EIVED 3 Telephone . (415) 932-8500 % 4 Attorneys for Robert D. Kassels DEC Iq ise- and Charlene B. Kassels 5 A 6 7 8 In re the matter of the claim of : ) AMENDED GOVERNMENTAL 9 ROBERT D. KASSELS AND CHARLENE B. ) CLAIM KASSELS, ) 10 ) F Claimants. ) m 12 Robert D. Kassels and Charlene B. Kassels hereby present o 13 this claim to Contra Costa County pursuant to section 910 of the W � ZN 14 California Government Code . U w a m 15 1. The name and post office address of Robert D. Kassels = W Z w - Ncc a z p 16 and Charlene B. Kassels is P. 0. Box 884, Martinez , California FUJ Q F c a " 3 17 94553. 18 2 . The post office address to which Robert D. Kassels and 19 Charlene B. Kassels desire notice of the determination of this m 20 claim to be sent is as follows: J. Daniel Dunlap, Esq. , Belzer, 21 Jackl, Katzen, Hulchiy, Murray & Balamuth, 2033 N. Main Street, 22 Suite 700, Walnut Creek , California 94596. 23 3. Within one year prior to the presentation of this claim 24 the real property of claimants and office building situated 25 thereon, known as 714 Main Street, Martinez , California, was 26 damaged by subsidence, failure of support and avulsion on and 27 adjacent .to Alhambra Creek. Said creek is adjacent to and 28 bordering on the south side of claimant' s office building and -1- 1 real property located at 714 Main Street, Martinez , California. 2 Alhambra Creek at or near the location of claimants' office 3 building and real property is mainted by the referenced 4 governmental entity. 5 4. Said damage was latent and was not discovered until 6 November 11, 1986 and is and was continuous and has occurred on 7 each and every date since November 21, 1985. 8 5. Robert D. Kassels and Charlene B. Kassels further allege 9 that the .referenced governmental entity maintained Alhambra 10 Creek , its banks and the property adjacent thereto, in an x 11 unreasonably dangerous and defective condition so as to create a 12 substantial danger and risk of and a proximately cause of damage o m 13 to claimants' real property. � r w } W 0 14 6. The full extent and dollar value of claimants' damages H LL o x ~ W Qm W N Y - 15 have not been accurately ascertained as of this date. s w ZW FE cr N 0- z 16 Dated : December 16, 1986. wn X Z " 3 17 BELZER, JACKL, KATZEN, HULCHIY, MURRAY & BALAMUTH 18 -_ Ci 19 m 20 aniel Dunlap A torneys for Claimants 21 22 23 24 25 26 27 28 -2- i' 1 CERTIFICATE OF SERVICE 2 I am employed in the County of Contra Costa, State of 3 California. I am over the age of 18 years and not a party to the q within action. My business address is c/o Belzer , Jackl, Katzen , 5 Hulchiy, Murray & Balamuth, 2033 North Main Street, Suite 700 , 6 Walnut Creek , California, 94596. 7 On December 18, 1986, I served the within 8 9 Amended Governmental Claim 10 11 `= 12 by placing a true copy thereof, enclosed in a sealed envelope Q o 13 with postage thereon fully prepaid, in a United States post � � W o a o 14 office mailbox at Walnut Creek, California, addressed as follows: J ~ W Q m 15 LL X Y � WW W Z Q Z W 16 W Y ~ R J _ 3 17 Y 18 Contra Costa County Board of Supervisors 19 651 Pine Street, Rm. 106 Martinez, CA 94553 20 21 22 23 24 I certify under penalty of perjury that the foregoing is 25 true and correct. 26 Executed on December 18, 1986, at Walnut Creek, California. 27 28 L Susan A. Visser -3- • 1 BELZER, JACKL, KAIZEN, HULCHIY, MURRAY & BALAMUTH 2 2033 North Main Street, Suite 700 Walnut Creek, CA 94596 3 Telephone: (415) 932-8500 jj�T 4 Attorneys for Robert D. Kassels I�Q(/�'`E6 , and Charlene B. Kassels �tt 5 C! K P DA UPOq � c, qg 6 7 8 In re the matter of the claim of: ) 9 ROBERT D. KASSELS AND CHARLENE B. ) GOVERNMENTAL CLAIM KASSELS, ) 10 ) x Claimants. ) 11 ) a m 12 Robert D. Kassels and Charlene B. Kassels hereby present a W S 13 this claim to County of Contra Costa pursuant to section 910 of L) 31 Q 14 the California Government Code. r W o a -P 15 1. The name and post office address of Robert D. Kassels LLD = W N Y m x W 2 W n s cc R W 2 u v 16 and Charlene B. Kassels is P. 0. Box 884, Martinez , California N a 2 7 J 94553. 3 17 18 2. The post office address to which Robert D. Kassels and a w 19 Charlene B. Kassels desire notice of the determination of this m 20 claim to be sent is as follows: J. Daniel Dunlap, Esq. , Belzer, 21 Jackl, Katzen, Hulchiy, Murray & Balamuth, 2033 N. Main Street, 22 Suite 700, Walnut Creek, California 94596. 23 3. Within one year prior to the presentation of this claim 24 the real property of claimants and office building situated 25 thereon, known as 714 Main Street, Martinez, California, was 26 damaged by subsidence, failure of support and avulsion on and 27 adjacent to Alhambra Creek. Said creek is adjacent to and 28 bordering on the south side of claimant' s office building and -1- I real property located at 714 Main Street, Martinez, California. 2 Alhambra Creek at or near the location of claimants' office 3 building and real property is mainted by the referenced 4 governmental entity. 5 4. Said damage was continuous and occurred within one year 6 of the filing of this claim and was discovered within one year of 7 the filing of this claim. g 5. Robert D. Kassels and Charlene B. Kassels further allege 9 that the referenced governmental entity maintained Alhambra 10 Creek, its banks and the property adjacent thereto, in an x 11 unreasonably dangerous and defective condition so as to create a m 12 substantial danger and risk of and a proximately cause of damage s 13 to claimants' real property. � Z � <_ } W y o 14 6. The full extent and dollar value of claimants' damages N � ~ 2 LLQ 0 9 15 have not been accurately ascertained as of this date. O ;D X N Y _ 3 = w z w g 0 16 Dated: November 2--1 , 1986. N a i < F R 3 17 BELZER, JACKL, KATZEN, HULCHIY, MURRAY & BALAMUTH 18 N a 19 m G� 20Daniel Dunlap Attorneys for Claimants 21 22 23 24 25 26 27 28 -2- ._ AMENDED CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as Governing Board of Contra Costa County Floqqd and Water Conservation District No. 5 Claim Against the County, or District governed byl BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT January 6. , 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 "Wa.{ming,". t�Otl lty CLAIMANT: ROBERT D. KASSELS AND CHARLENE B. Y•ASSELS c/o J. .Daniel Dunlap , Esq. DEC 211986 ATTORNEY: Belzer, Jackl , Katzen, Hulchiy, Murray & Balamuth 2033 N. Main Street, #7O0 Date received l� I`n0Z, %i" = ADDRESS: Walnut Creek, CA 94596 BY DELIVERY TO CLERK ON December 22 , 1986 BY MAIL POSTMARKED: December 18 , 1986 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: December 22 , 1986 JaIL DeputyLOR, Clerk CVL 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: /�. ' � �, � Cft�� BY:C/� Z'0"4_ —/U?__I�puty County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (�) 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. JAN 0 6 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 JAN 0 shown 9aal�ve. Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator f � I I BELZER, JACKL, KATZEN, HULCHIY, MURRAY & BALAMUTH 2 2033 North Main Street, Suite 700 RE Walnut Creek, CA 945961 3 Telephone : (415) 932-8500 4 Attorneys for Robert D. Kassels �ECg� and Charlene B. Kassels 5 6 7 8 In re the matter of the claim of: ) AMENDED GOVERNMENTAL 9 ROBERT D. KASSELS AND CHARLENE B. ) CLAIM KASSELS, ) 10 ) s Claimants. ) F 11 ) m 12 Robert D. Kassels and Charlene B. Kassels hereby present P 13 this claim to Contra Costa County Flood and Water Conservation � W � Z W y o 14 District No. 5 pursuant to section 910 of the California W J s 15 Government Code. Z w ZUJ w W a 16 1. The name and post office address of Robert D. Kassels LU N Z ~ E' w Z " 3 17 and Charlene B. Kassels is P. 0. Box 884, Martinez , California s Y U 18 94553. 19 2. The post office address to which Robert D. Kassels and m 20 Charlene B. Kassels desire notice of the determination of this 21 claim to be sent is as follows: J. Daniel Dunlap, Esq. , Belzer, 22 Jackl, Katzen, Hulchiy, Murray & Balamuth, 2033 N. Main Street, 23 Suite 700, Walnut Creek, California 94596. 24 3 . Within one year prior to the presentation of this claim 25 the real property of claimants and office building situated 26 thereon, known as 714 Main Street, Martinez , California, was 27 damaged by subsidence, failure of support and avulsion on and 28 adjacent to Alhambra Creek. Said creek is adjacent to and -1- 1 BELZER, JACKL, KATZEN, HULCHIY, MURRAY & BALAMUTH 2 2033 North Main Street, Suite 700 Walnut Creek, CA 94596 3 Telephone: (415) 932-8500 4 Attorneys for Robert D. Kassels -led���y j y�iJ and Charlene B. Kassels �` 5 f119,68 6 7 8 In re the matter of the claim of: ) 9 ROBERT D. KASSELS AND CHARLENE B. ) GOVERNMENTAL CLAIM KASSELS, ) 10 ) F Claimants. ) it ) a m 12 Robert D. Kassels and Charlene B. Kassels hereby present oac Q g 13 this claim to Contra Costa County Flood and Water Conservation N V j W JO UJ Z 14 District No. 5 pursuant to section 910 of the California a a 2 15 Government Code. s Z ¢ 0r 16 1. The name and post office address of Robert D. Kassels N a i UJ � a a 17 and Charlene B. Kassels is P. 0. Box 884, Martinez, California 18 94553. a a 19 2. The post office address to which Robert D. Kassels and m 20 Charlene B. Kassels desire notice of the determination of this 21 claim to be sent is as, follows: J. Daniel Dunlap, Esq. , Belzer, 22 Jackl, Katzen, Hulchiy, Murray & Balamuth, 2033 N. Main Street, 23 Suite 700, Walnut Creek, California 94596. 24 3. Within one year prior to the presentation of this claim 25 the real property of claimants and office building situated 26 thereon, known as 714 Main Street, Martinez, California, was 27 damaged by subsidence, failure of support and avulsion on and 28 adjacent to Alhambra Creek. Said creek is adjacent to and -1- 1 1 bordering on the south side of claimant' s office building and 2 real property located at 714 Main Street, Martinez, California. 3 Alhambra Creek at or near the location of claimants' office 4 building and real property is mainted by .the referenced 5 governmental entity. Y6 4. Said damage was continuous and occurred within one year 7 of the filing of this claim and was discovered within one year of 8 the filing of this claim. 9 5. Robert D. Kassels and Charlene B. Kassels further allege 10 that the referenced governmental entity maintained Alhambra s 11 Creek, its banks and the property adjacent thereto, in an m 12 unreasonably dangerous and defective condition so as to create a W o 13 substantial danger and risk of and a proximately cause of damage W Q Z `� 2 14 to claimants' real property. " UJ � o 00 _ 15 6. The full extent and dollar value of claimants' damages O X Y WZ in g W � v 16 have not been accurately ascertained as of this date. N a z RZ Dated: November Zl , 1986. ; 3 17 18 BELZER, JACKL, KATZEN, HULCHIY, a MURRAY & BALAMUTH m 19 �— 20 21 Da ie Dunlap Attorneys for Claimants 22 23 24 25 26 27 28 -2- CLAIM BOARD GF 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 January 6 , 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 "Warnings" County Counsel CLAIMANT: ELIZABETH LEUDERS SPE14CER c/o David AllswanC, C 51966 ATTORNEY: 650 California St. #2828 San Francisco, CA 94108 Date received Mi eZ, CA 94553 ADDRESS: BY DELIVERY TO CLERK ON December 3 , -1966 BY MAIL POSTMARKED: December 2 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: December 4, 1986 PpHHIL BATCHELOR, Clerk BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ��!_ �u �`i'�1 BY: t_�CLGLL1,_Q�eputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present 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: JAN 0 6 1987 pHIL BATCHELOR, Clerk, BX_z 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 O� �Nshown ve. Dated:_ _ BY: PHIL BATCHELOR by &51_0%� 4Ae___,Veputy Clerk CC: County Counsel County Administrator r LEIGHTON M.BLEDSOE LAW OFFICES ROBERT S.CATHCART BLEDSOE, CATHCART STANLEY JOHN SON , ELIOT, CURFMAN & ALLSWANG R.MITCHELL S.BOYD SUITE 2828 JOHN G.ELIOT,JR. ROGERS P.SMITH LAWRENCE E.CURFMAN,111 650 CALIFORNIA STREET OF COUNSEL DAVID ALLSWANG CYNTHIA L.LEAHY SAN FRANCISCO,CALIFORNIA 94108 CRAIG A.STARR CATHERINE A.S.LYONS (415) 981-5411 TIMOTHY J.MINOR , MICHAEL F.HARDIMAN TELECOPIER 981-03S2 JANE B.CHART2 NANCY L.HINDLE MARIAN A.PARKER RICHARD S.DIESTEL PAUL LOOMIS KEVIN McCONNELL December 2, 1986 RECEIVJD Board of Supervisors D CC 3 198 Contra Costa County a SAW 651 Court StreetSa OAROONT /Martinez, California 94553 ey ,,,,,,.. Gentlemen and Ladies: Pursuant to Government Code §810, et seq. , our client, Elizabeth Leuders Spencer, hereby gives notice of a claim for equitable contribution and indemnity and total indemnity against Contra Costa County, arising out of a wrongful death suit filed by Megan Moscarelli, No. H-117310- 7, Alameda County. Copies of the police report and original complaint are enclosed for your reference. Please respond within the statutory period. Very trul ours, DA D ALL AN DA/scm Enclosures STAT-e► cut►oaa(A ' ! ', 1,9 1985 , TR'AFFiC COLLISION REPORT e• ►e CIA.CONDITIONS O.IRs YOae .a1 w "ITV JUDICIAL e1STROCT «IIr O4w = w0.■aLEO w al A COV«sa— - w�--��Iwa DISTRICT � 1S A7 49 - .3423 a PwvAr>E F�aoPLRrY 1 rp cow j AA t 0 STA 901 ' 3 oZ ej —L COLL/slew OCCURRED Ow WO. OA• vs. T110E (I•••) -CIC*--man. OI►w4w I.D. MWIE VERDL._DR: :4 f'Rj•,1 1 _. y�J`( ....:............:. (�I` f wKa•DST Me'OR 10&10/0« - Iw/Vw• r a7 Ala.Is.wAr**LATSO j ®V •8410 or r.LE•esT was ❑re ❑Tas ER �, V J � MOTOOSA•IIS ®eA: 1 Pw ellrnwe E e• f1�U �1\ L14 ®rwe ❑wo PARTY —we (•oOev.rIDDLa.L&811 00.80's NAME &&re AS DSIWSO 1RBRT LAN (110SU& M Sao.4A "MEN'SIMON so, were ►N0.■ ew«aa's Aooaass •Are As salvos X 4 6 MUM `� Se Oa S• cITr/STATalso• Dus'.806 PNOM4 016•00I1.0N O• ww N. loft ORDawe or twlAN !! 1,/� F C t• (� t FT HT SCLUE l3�/RLA�A l a.1�-115 �E ❑e..IcaR ❑ewlvew ❑er«ew van-SD OO.Yae'S.[awes Muss e. STATE D10T«DATA OMA wAtw DlascrlON 0♦ O«/SIDe�s (OTwleT a��ArI •4sL1 we.. t S7 10M4 CR 11 = zZ : « S= 1.M.". NT R01IGN?Am"' D.t•• WE".YO(s) r&nwlsl/roea►(911CO4.00(91 Llca«se No.(S) etATals) CH► USE vINICLE DAN ANN-9 ATRN•/LOCATION ONLY CLU♦ r I f0 � �•� ^��, ��r. r�. via" Tt. ❑MINOR [:1-ODOR Atr mlrueR 91 TOTAL 41.8 0 X • !: {l `. 6KN 011 AIL Stc��� •ARTY NAra (./war,Y OLE.LAST) O-Na■' NAra •Ars ASD■11/&a Owlvaw •Tata♦ADDOaee wore.wow• ow«w a'O A'0\0 wase OArt At OwlvaA VODOG- CIT•IOTATa/ale DYs'Nass ONO«■ D1a•OOITIew O• sw. Ow ORDERS or TA.AN ❑OIIICw. ❑..rve. ❑OT-Ow •A■nae O■1va R'S LItO«aa 10.-04• STAIR D1RT.DATw A RACE DIwa CTIA«01 Ow/A Oss(S•wt eT 00«Ia.wA•) •►af0 Nr1T Ya«, 664. CAV T0. weT....L D'C1• van.YO(SI NIAOa(811"OaaL(0) OLOw(el ►Ica«se.e.(9) OTATSIS) CH► USE vaNIC►s 10&08-411TUNT/LOCATION a LIST ONLY vrw.c Le Tv• ❑r.«Oa -**MOAT■ ❑rA/Ow ❑TOTAL eTwaO . . . . . . . . . . . . . . . . . . . . ►ARTY wAr2181OST.40IDO/a.LAST) ow«we'S«ArO sA • 1s On Waw OElvew sreaar&Doug$$ wore•.ON■ Ow Naw'S ADDRa SO U•Ara AVS.Vaft •e DIIS- C/Tr/OT•Ta/RIP 0VO/«ass►MOM. DISPOSITION OF .s N. Ow 00Da Rs O., tauN - C7 •A■Na. Gw.va w'w►ICONS4-.1004. OTAta aINTNOAraTrce 0.08 CTION o• ON/AC meso (STaweT 00 w.S.w TI 0•e60 L.-IT we.. Y DAT •a. TAA vaL D.C•• -0--V0101 -Awe(s)1100.4 L(s1/c OLO■(S) LICONe\0(.0 STAT4(SI CHP USE vtM a-- /C►e DANAOOwTe NT/LO tATI « CLIO, ONLt r' v8M.CLO T1 L...I r/Now rOew RATA rA/0� TOTAL DTwa■ . . . . • ♦ . • . . • . . . . . . . . PANT T .•Ars (•ions T•rl0o/a.►Aar) .Swan's.Ara U&Ar4 As Owlvw^. \ 8 ♦ O■.van s•tesav ADO■wws ere 8wew9 Ow«a■'S AODww SO $&-a As Da.vaR .Sees• CIT-/STATa/a.• Dios •s•.Newt DIa POSITIe«O• ua.. Dw eODERt 0T TRI&« �T {.1 00"PICER [:1 Dwlvrw ❑eiwrw\ PAwnaO Owlves'S L,Ca-fa aures• •VATS e1s1.OAt1 ata ca 0.00-ccv. 0► eN/ACROse jarseav an wlaww&1) 4Paa0 4.1611T raw. 660. MAW Ya.. T.A.E► Dla•• WON.T0191 rAaa(e)IrooEL(sLI 11CD►Dw(sl CANSE-*.ISI S . E TAT (91 CHP USE .OICLDAWASIS-aRatNtIL OCATION D►/OrORILY VONICLa TTVd 0 roller ❑660040&♦• ❑r&IDs ❑♦OTA► ? r -24V WAS •a 8 arl�wars.Seri 7 R a. .e.:s+Tssras s1s 18so7cY ssoc� �T _. s>is.ts><—.s 110884-tTrr>� CHP 555-Pape 1 (pew B"BI)OPI WZ a awl 1. .TATE e► CAL1►eo MIA I • FARE 1 ITRAFFIIC COLLISION CODING =` t •ATE Or CO►LfaIOM . TI-t (9.001 MC/C MVMOaR 101"Picaft I.e. MVMOaR `1 1 40 �'IO 993 y 3Z5 PROPERTY DAMAGE OsecalrTTow aDA-A*a DOW"aR'a RA-ajAooR E NeTIPIae i Oas O No Y:GLATiONISt ►Awtr 1 rAwTr a ►ARTr s PAATV A f CHARGED 1 FRIMART COLLISION FACTOR TRAFFIC CONTROL D[VIC[t 1 a 1 1, TrpE OF VEHICLE 1 a a 4 MOVEMENT ►RECEDING !ILO tTNU•IWa11 IW 1O FASTV AT►AVLTJ A COIITNOLS PUNCTIONIMO A P^ssa-ue■ CAN/STA.WAGON teLLlE/oN I• A SECTION VIOLAT491 • coNTOOLE NOT PUNCTIOMINa• • FASSBNOSW CAR WITRINLeft A avOrra* C coNva*Ls Ossc Uet*• C ✓olowcTc►al►cooT*W • ►eocffD/No eveaIENT 1• • •viae IIP►worso ORwINa• D cowTooks NOT Poo sa.virACTOR D PICKUP on PANEL TRUCK _ C RAN err ROAD 1 J 'XPLRt N(� [ ncwUr/r•wtL Two W/TALO O-AKIKa■IOMT TUoN C or.aO THAN D.IVaw• TT►E O• COLLISION A'P.C.e•TW VCK TRACTOR t rAKINa Leri TURN D uw.wo..• A.WAO•eN LN-ITO.TWACTew WITRL• F MAK/Ne V vwoN 02 ATHER rAOM I To$ITE✓• • •Sea OWIta M ECM 0l OVO G OACKINS i A CLEAN C Oa AO a%* 1 Ot.. V{ H OLOWIMO-STOPPING I • CLOUD' O•OOAOSIO■ J a-SwGfN VENIL'L11 PassIN0 eTaaft VawICLE C RA/NINA It NOT ewif C7 K MWV EON{7. PUI►✓SMT J CMAME/NG Lawes O SMoWINO F 0..RTUW... L 0. 1CLS K PAOMINa -ANawwom [ Foe G Va.ICLaf►a Oa STeIAN M OVKWN VSMICLt L OPTIONING TR•pnc 1 F Of MeO•: H Of.fw•: N r[Ot STwIAN M OT-aR VMSAPE TVeMIMG f G WINO D MOpso N [IMO INTO OPPOSING LAME LIGHTING MOTOR VEHICLE INVOLVED WITH. - O PASKE0 A DAf LIa Nf A NON-COLLISION 1 E a A OTHER ASSOCIATED FACTOR F Mseat%* • OUaM-•OA WM • Pa Of OTO/AN Itl AAM I TO I ITom@) Q faAva LlwO WpoIIG.AV- 1 C OAOK-'STREET LI0WTE C OT.aO WOTew VO-ICL& A We SECTION vIOLATIoN: R oTNaW•1 O DARK MO STWa ST 1,16"le O-OTOO WW..ON OTNEN■OADWAV a Tom"L/aMTs Nov [ PAR-SO WOTOW WSNICLa 8 Ilc•aa CtION V/QLA/IoM: I E ewe*- PuwcTlowlwo• F TWAIN G RICVC►a C VC Sa CT/OM VIOLATION: _- WCADWAT SURPAC[ H ANI✓Al' 1 a a • •ORRI[TT•-ORYO— A UAT D We MCTIOM WIOLAT/o.- •NT EICAL • rwwK I TO t ova.91 .aT 1 Follow ow/acf: 1 I C swore •ICT - E VISION DwlcuWa✓a.vo: A MAO Nov eta.ORIMMIwG D{LIPID•• I••VOOV,DILV,aTC.I• J OfMap ow/acv: •MOO--VwDtA/MPLVRMCf F /NATTaNI1oN C MOO--NOT UNOWR/NrLV,- •OAOW AT CONDITIONS G slop a LO TMArpm �O MOO '1-IA/OMEMT NORM\ ✓ARA I TO I 174kwol PL'DESTNIAN'S ACTION H aNtaKl.&16,00. .a OArP C VNOaO OW VO INP IU{NCE• A NOLs{,DOE-OUTS• A MO Pa*E{VR.AM INVOLVE* 1 MOV/0Vt IOLLISIfIM FIM►AIR ME Nf-PNT1ICA►• 1 • LOOSR •IAT601AL ON OOAOWAV• CROSSING IM CNOSSWALN J VNrA✓ILIAw WIT.Ro•O G/MPAIe✓f NT NOT RwOWN • I C OOI/RVC110M OM ROAOW AV• AT INTER{S CT/ON K OEPaCT1Va Va..86410•: H N07 A/pLlt•wLE } D CO.{TRVCT10 N•WfpAIR SONe C111011.SIO/N COO{s.ALK-NOT 1 SLtlp'lPATIOVWe E RtOVCto RoAo WAV WIDT. C AT IwTtw S■CT/Ow L V..NV1ILVfb W11-1114.11OtMI R•: ' 1 I • SPECIAL INF OAM Al10NF O.00usc. coots..& NOT IM CROs{.ALa � G e\waw•: E IN 00^0 INCLUDES aNO.LDEN N MOMS ApPAWSNt A MAtAODOUS-ATONIALS• H MO VM UO UAL COHOST IOM♦ F 0.01IN ROAD D RVMAWAV W•MIC►E r/Ra INVOLVED• G Ap PWOACMIwG/LEA•/MO SC.00L OVS C T109 Dara CT IPAI►VOf• •R•TCN MlaLaLLANE OUS 1 I/ WRMWou I _ Iw tTa 's• • / •. fN MOM VIRB M. j • �/ '^ I• a- ll�i:_! j PHYSICAL DESCRIPTION Of PARTY � //�■tI�/ I �.�� .r •�1� `_._ N�L�tS���:' ' wuMwaw PAID eTa1Me1OMf WwNNf ., MEPAe•R'a NAME ..e.w O.DaR MO. OAT fa, wa Vls Waw's NA✓■ ✓O. sAT •A. 41b ---_-� — 6 CMP 555 -Pa9r 2 IRer 12.841 OPI 042 [Explain in nar►Dlirt {tat!O• Calr•I'OfD1A --• 1/'•�'s_ INJURE,DIWITNIESSES/PASS_ENGE.R_ 3 MONO &AT! O. tOLLIlIOD TIN! I&&") FT�111" tlt O•w/Caw 1A. wur.lw EJITEIV7 OF INJURY V,x••one) /NJUR[O wAs(--x•'One) a WITN{af PASS'NOtD •ARTY {NAT/NO ONLT- ON LYS Aug- sax- ■a of wf OT«aw VIN.■La iOr•L A1wT •■VAL/N,uw Owlvfw wAa\. KO. OItTiL/fT OTwfw NYwt�O11 POSITION 1 w/VDT IN7VwltN 0/DASD «A r[/Aooalsa/Tl La•«ews TI\!1`\��1�1 ''�1r�t V !`1111\(1L1 -ILI L 1�1t1\S 1 114/O }/ nV (�►1y /M_� Il�t�\ntll'1(�pI TwwwN•owffoeT/TAwawTe(Iw�uwaoeNLT( p,jLl0Rl '\J/�I� 1, . PVJ0`C ',.5A. D frWiL—L_'i—t IVI(,IiylgtgcL V, it ❑ U 1 S M� I ❑ ❑ 01 M I Ll I 1 1 wars/Aoowafl/TaLt•«ewt �����,`� ���',��+^ �I.I..I . T■w«A•o■Tae N./tAa---- (1«,vw�o a«LT( � f; M01%;Q Ntibvlm, - 1� f h1iDi�li,t'S It�iPl i-+� Ul11�h �� VIA DJ V'I'S W-PlIAL P INN D D � ` «A r!/Aoowsaf/rlLa►wowa TlN1:1` lyil! `J NuIl01N IIUS RRJUMME RV. - 5A;Ij PAM,Cfr 'ql Ijb6.111.111j T■Aw N►O■Ta0 OTITANaw To(1«,Ywte*MILT) / -r Offcwlow www/u •e ..ti,� . N.r.,.ee.laA,T.L..«e«[ wJ110ILI 611alA VJL%l (UVIvTy 17IRL 1)LPI bt% 71 GAM . T■A«N•OwTlO OT/TA«,11 t0,1«woae OftLT aafcalaa lN,VwINf \ 1L ❑ 1'-� �. . Ct;� (,' 63 PN` 72Z-I?IQ Tw AN■•ONTOO OT/TAwfN TO(Iw/VwtO li' T: NacA168 w,uwlla CJ D ( D _ ❑ DED 11 1 TOAN■•OwTtO{T/TAwaw TO(IDIV A[ OwLT( Offt■Nf w/rwgw '1 Ma•Awaw'f NArf 1A.wVreaw r0. OAT Ta, w■w/awaw'f DAWN r0. eAT VA. IWOLK CMP 555—Page 3(Rev 6.84)ON 042 FACTUAL DIAGRAM -- - ,y �` eaaa t� • +aha er eoaalalew r� - ( ITIMS Jose*) Nuc Nl,reaw oy►r,ca7w/... Ilvwu Li ALL MEASUREMENTS ANE A►►RO711MATE AND NOT TO SCALL UNLESS STATED(SCALE '• f RWY 011TUr�BtD 1'' J DIle, ' �► p Me1C of -,.. �} ,i ; Sift SKAt�S � -� �'•, , CQVSIkLO (.RATS �'` ` ••i ` to . - . rw �' HUME •; REIIU+ �;=1y � N0111 NUMI DT. 1 10V ARWIM W. larawta•a Nara 1.0.NVYaaw ago. Oar Va. INSVIRwaft's NANa HP 555—Ppe 4.(Rev 6.84)UPI 042 !— — M &VA9 NARRATIVE/SUPPEM ENTAL ° ` - FACK rj •ATI O► 00.01«AL I-C'DO«T1"111) Y■ '.A►/' rCIC&JYeOA O►►ICOw I.O. 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'► tRt T1;hCS t11�� li fi��i ,• 11 P, F.. 1YX V) 28 l ). 1� k j r. t. 29. y Vil`d y 01 C11 1'.�1Jtit�T Sl����� Y(�Ct(1 �� �(�):.i.►_ i.�- ('1► ��t_ -,.C C��''�� h`��y_ -.. ►wf►P'.�■).■yMrArf R Lo.rwfa■ rUo. e.• !I.■. ■fv1el..wyNwra re. eAT Pw,. ■J .•\�`I�.\\ ���� 1 �� S 2�_:t. —� —r ii:.s�ts.•.>es:��c_:: r�-sus— sc:2+<sm:_.a..P IJ.......,.........ee.nntuntO tMDlltld X71• KAREN .M: PLATT, ESQ. END®PSED 1 COLLINS & ZAPALA - FILE[) 100 Park Center Plaza 2 Suite 506 San Jose, California 95113 JAN 3;1 3 Telephone: (408 ) 298-5161 BENE C. DAVIDSON Co 6 Cler;c 4 Attorneys for Plaintiff, y Vicki Daybell, Depu� MEGAN MOSCARELLI, a minor by 5 her Guardian ad Litem, CHERI SNYDER 6 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 . IN AND FOR THE COUNTY OF ALAMEDA 9 SOUTHERN DIVISION��� +M����` • ,0 1 9 MEAGAN MOSCARELLI, a minor by her ) NO. 11 Guardian ad Litem, CHERI SNYDER, ) 12 ) Plaintiffs, ) '` ;—COMP.LAINT FOR PERSONAL 13 ) INJORIES ANb 'DAMAGES; v. ) WRONGFUL DEATH f' ) 14 EAST BAY MUNICIPAL UTILITY ) DISTRICT; COUNTY OF CONTRA COSTA; ) 15 NENECIO ONATE; MASON GEISINGER; ) and DOES I-XX, inclusive, ) 16 ) Defendants. ) 17 ) 18 COMES NOW Plaintiff MEGAN MOSCARELLI, by and through her 19 Guardian ad Litem and complains of the Defendants, and each of 20 them, and for a cause of action alleges as follows: 21 I 22 The true names and capacities, whether individual, j 23 corporate, associate or otherwise, of Defendants; DOES I through •X 24 XX, inclusive, are -unknown to the Plaintiff at this time, and 25 therefore, said Plaintiff sues such Defendants by such 26 ' fictitious names, and Plaintiff will amend this Complaint to show their true names and capacities when the same have been 2 ascertained. Plaintiff is informed and believes, and thereon 3 alleges, that each of the fictitiously named Defendants 4 designated as a DOE Defendant is responsible in some manner for 5 6 the happening referred to, and thereby proximately caused injuries and damages to the Plaintiff as herein alleged. 7 At all times herein mentioned, the Defendants, and each of 9 them, were the agents, servants, and employees of each of the 10 remaining Defendants, and each Defendant was acting within the 11 R permission and scope, and within the course and scope, of this L 12 •. agency and employment for each of the othet -Defendants. 13 14 That on or about April 22, 1986, at approximately 11:30 a.m. , 15 the Plaintiff MEAGAN MOSCARELLI was a passenger in the car 16 driven by her mother who was operating her Ford Escort Pony, 17 California license 1PYJ175, on Monte Verde Drive, E1 Sobrante, 18 an unicorporated portion of the County of Contra Costa. 19 IV 20 At all times herein mentioned, Defendant EAST BAY MUNICIPAL 21 UTILITY DISTRICT (hereinafter referred to as EAST BAY MUD) has 22 s its principal place of business in the County of Alameda, State { 23 of California. 24 - V 25 26 At all times herein mentioned, Defendant CONTRA COSTA COUNTY 7 r _ J —2— 1 (hereinaft,er referred to as CONTRA.__COS.TAJ had . ownership._ and control of the property located in the unicorporated City of E1 2 Sobrante where the subject accident took place. 3 VI 4 That Defendant NENECIO ONATE, who resides at 8500 Monte 5 Verde Drive, El Sobrante, California, owns the property adjacent to and on the downhill side of Monte Verde Drive, including the 7 area of the road where the above-mentioned accident occurred. 8 VII 9 That Defendant MASON GEISINGER, who resides at 8600 Monte 10 Verde Drive, El Sobrante, California, owns' the property adjacent ' 11 to and on the uphill side of Monte Verde Drive at the area where a. 12 _.s . _... the accident occurred. 13 VIII 14 For purposes of this action, CHERI SNYDER is the grandmother 15 of the Plainitiff, and was duly and regularly appointed by the 16 above-entitled Court as Guardian ad Litem for the Plaintiff, and r: 17 has been qualified to act as the guardian for the Plaintiff in 18 the above-entitled action. Plaintiff MEAGAN MOSCARELLI lives 19 l with CHERI SNYDER in Mendocino County. 20 FIRST CAUSE OF ACTION .. 21 (Dangerous Condition) 22 Plaintiff allege against Defendants CONTRA COSTA and EAST 23 BAY MUD as follows: 24 2 IX 5 Plaintiff incorporates herein by . reference all of the 26 -3- allegations of paragraphs I through VIII as though fully set forth herein. 2 X 3 That at all times herein mentioned, the Defendants, CONTRA 4 COSTA and EAST BAY MUD and DOES I through X, inclusive, were, 5 and are now, municipal corporations and/or county and political 6 subdivisions of the State of California, organized and existing ' 7 by virtue of the laws of the State of California. 8 XI 9 That on or about May 28, 1986, the Plaintiff presented to Y. 10 T the Board of Supervisors of CONTRA COSTA and to. .the insurance __ 11 and claims department of EAST BAY MUD a claim for injuries to 12 MEAGAN MOSCARELLI, all in compliance with • Goverhment Code 5910 13 and 910.2. Said claims were presented to CONTRA COSTA and EAST 14 BAY MUD and were rejected in their entirety. The Plaintiff 15 incorporates by reference both the claim and the rejection of . 16 the claim as if they were fully set forth herein. 17 ' XII r 18 Plaintiff is informed and believes and thereon alleges that _- 19 the Defendants, CONTRA COSTA and EAST BAY MUD and DOES I through 20 X, were the owners of and were in possession of, maintained and 21 controlled and constructed, designed and operated that certain 22 roadway commonly known as Monte Verde Drive. ' 23 XIII 24 t 25 - That at all times and places referenced herein, the public entity Defendants and DOES I through X acting through their duly ' 26 -4- v authorized agents, servants and employees, did so carelessly and negligently design, engineer, construct, operate, maintain, 2 control, entrust, create, repair, and supervise Monte Verde 3 Drive as referred to above, so as to cause drivers of vehicles 4 on said roadway to fall into a trap as said public road is 5 misleading and deceiving due to a five inch diameter water pipe 6 Y owned and maintained by EAST BAY MUD, which runs the entire 7 length of the curved and uneven, dirt and gravel, one lane, two 8 C way, 10-1/2 foot wide mountainous roadway. A thirty foot } 9 section of this roadway is reduced to a width of 9-1/2 inches t 10 due to the heavy rains which occurred in 1982 and 1983. _ 11 Bordering the roadway is a 5-1/2" deep, 14" wide trench which 12 contains the EAST BAY MUD drainage pipe." -On the other side of 13 ' the road was a four hundred foot or more precipice. The above- 14 referenced conditions exist in conjunction with an unmarked 15 curve of the roadway, the diminished width of the roadway, the 16 lack of warning signals and/or signs, and additional visibility 17 18 defects. Said property was dangerous and defective in that there was a failure to provide adequate and sufficient warning 19 signs, lights, barriers,, dividers, reflectors, warning devices, = 20 stop signs and/or other traffic controls and warning devices and t 21 the absence of these devices constituted a hazardous condition 22 of the public and private property; said public entities created 23 ?' the dangerous condition and continue to maintain the property in s 24 a dangerous and defective condition so that users of the roadway 25 would be subject to risk of serious injury and death. 26 4 e -5- 1 XIV That the failure of the aforesaid Defendants, and each of 2 them, to. properly design, engineer, supervise, operate, 3 maintain, and control the above-described property, and the 4 negligence and carelessness of Defendants, and each of them, as 5 heretofore described, constituted and created a dangerous and 6 defective condition of public property which disregarded the 7 safety of all users and created substantial risk of injury when 8 said property was used with due care and in a manner in which 'it 9 was reasonably foreseeable that it would be used. 10 XV 11 12 Defendants, and each of . them, knew, or had constructive 13 notice of the dangerous conditions, "As . the conditions had : existed fora prolonged period of time and were obvious in 14 nature, and notwith-standing that knowledge, the Defendants 15 16 failed to exercise due care in that they failed to remedy .the 17 dangerous and defetive condition. XVI 18 19 That at said time and place aforestated, and as a direct and t ; 20 proximate result of the carelessness and negligence of the ; Defendants above-referenced, and each of them, and as a direct 21 and proximate result of the dangerous and defective condition of 22 the highway and public property, all heretofore described, the 23 24 tires of the vehicle driven by the mother of Plaintiff MEAGAN MOSCARELLI became lodged between the water pipe and trench, and 25 26 in attempting to extricate her automobile therefrom, said .3 y R' 1, -6- J• vehicle - was caused _to_.. go. out of control and over a 400 foot 1 — embankment. 2 XVII 3 That as a direct and proximate result of the carelessness 4 and negligence of the Defendants, and each of them, and of the 5 dangerous and defective conditions of the roadway and adjacent 6 7 private property, the Plaintiff, MEAGAN MOSCARELLI, was injured in her health, strength and activity, sustaining severe personal 8 injury to her body. It is unknown if said injuries will be of a 9 permanent nature and will cause permanent impairment of the 10 normal functions of the Plaintiff's body, .thereby affecting her 11 enjoyment of life in addition to the general. damages of pain and 12 suffering. That said loss of they enjOyment ' of life is a . 13 separate and distinct item of damage and as a proximate result 14 Jr 15 of the negligence of the Defendants, the Plaintiff has been 16 generally damaged by said loss in excess of the jurisdictional s minimum of this Court. 17 XVIII 18 �. That as a direct and proximate result of the negligence and 19 la carelessness of the Defendants, and each of them, and the 20 resulting accident as herein alleged, Plaintiff sustained severe 21 ' personal injuries, severe nervous shock, great physical and 22 23 mental pain and suffering, all to the Plaintiff's general damage in an amount in excess of the jurisdictional minimum of the 24 Superior Court. 25 26 -7- XIX As a further direct and proximate result of said negligence 2 and carelessness of the Defendants, and each " ofthem, and the 3 accident resulting therefrom, Plaintiff has necessarily incurred 4 liability for medical aid and attention, hospitalization, 5 x-rays, nursing care, physicians and drugs for the proper care 6 and treatment of said injuries, and Plaintiff will continue to 7 incur such liability for an indefinite period of time in the 8 9 future, all to the Plaintiff's special damages in an amount 10 presently unascertained, and Plaintiff prays leave that when _ said amount is ascertained, Plaintiff may be permitted to amend 11 this Complaint to insert the same herein, according to proof. 12 XX - f 13 That as a direct and proximate result of the negligence and 14 carelessness of Defendants, and each of them, Plaintiff's 15 mother, Tabitha Moscarelli , who was the driver of the car, was f 16 fatally and tragically injured. 17 XXI 18 That MEAGAN MOSCARELLI is the sole surviving heir of the 19 R decedent, who was the mother of the Plaintiff. That MEAGAN 20 MOSCARELLI was only fourteen months old at the time of her 21 mother 's death, and before that death, MEAGAN received the 22 constant care and attention, and was used to being cared for by 23 her mother. f. 24 25 XXI I 26 That immediately prior to death, the decedent was a person in good' physical and mental condition and was devoted in her 1 love and financial assistance to the Plaintiff herein. 2 XXIII 3 4 That as a direct and proximate result of the aforesaid carelessness and negligence of the Defendants, and each of them, 5 6 the Plaintiff has been deprived of the society, comfort, companionship and services of the decedent, at a critical time 7 in a child's life, where the importance of the mother's 8 attention is more phychologically necessary than perhaps any 9 other time in life, and all to her general damage in an amount 10 in excess of the jurisdictional minimum of the Superior Court, 11 12 XXIV .. _ That by reason of said injury and death of the decedent, the 13 Plaintiff has incurred funeral and burial expenses and medical 14 bills for the decedent' s accident, and the Plaintiff requests 15 leave of the court to amend the same according to proof at the 16 time of trial. 17 XXV 18 That by reason of aforesaid injuries, damages and death of 19 said Plaintiff's decedent, Plaintiff sustained these damages 20 commencing on the date of said injuries, damages and death and 21 have lost the use of and the interest from said funds from that 22 date to the present and Plaintiff is entitled to the legal ' 23 i t interests on the total . amount of such damages from the date of 24 such injuries and death to the date of judgment. 25 E WHEREFORE Plaintiff prays judgment as hereinafter set forth. 26 r -9 SECOND CAUSE OF ACTION 1 (Negligence, Failure to Maintain and Warn) 2 Plaintiff alleges against NENECIO ONATE and MASON GEISINGER 3 and DOES 11-20 as follows: 4 XXVI 5 Plaintiff refers to and incorporates herein by reference as 6 though set forth fully all of the preceding paragraphs of the 7 First Cause of Action. 8 XXVII 9 That at all times herein mentioned, said Defendants, and 10 each of them, owned, possessed, controlled, maintained and 11 supervised certain property commonly, known as Monte Verde Drive. .12 XXVIII 13 That this cause of action is based upon the negligence, 14 carelessness and unlawful conduct of the Defendants, and each of 15 them, including but not limited to their failure to supervise, 16 control, inspect, maintain, operate, engineer, design, and 17 possess their property in a safe and reasonable condition. That 18 the Defendants, and each of them, knew or should have known that 19 y Monte Verde Drive was in a dangerous condition which would thus 20 create a risk of injury to the Plaintiff and other users of said 21 property, and even with that particular knowledge, the 22 ' r' Defendants failed to take precautions and to otherwise remedy 23 the conditions of the property which made it dangerous. Their 24 failure proximately caused the Plaintiff to sustain severe 25 personal injuries. 26 -10_ XXIX That Defendants ONATE and GEISINGER failed to warn, repair 2 or arrange the repair and/or notify the appropriate authorities 3 so that the hazardous road conditions on Monte Verde Drive would 4 be improved. 5 XXX 6 That in addition to having ownership and control of Monte 7 Verde Drive, Defendants ONATE and GEISINGER resided and lived on 8 the land which abuts Monte Verde Drive where the accident 9 occurred, and that Defendants failed to maintain, repair, and 10 warn of hazardous conditions on their own properties. This 11 failure to maintain, repair and warn of hazardous condition on 12 r their own property further contributed tb- the* 'deterioration of 13 Monte Verde Drive. 14 • XXXI 15 } That as a direct and proximate result of the negligence and 16 carelessness of the Defendants, and each of them, Plaintiff has 17 necessarily incurred all the damages as alleged in the previous 18 cause of action. 19 WHEREFORE Plaintiff prays judgment against Defendants, and { 20 each of them, as follows: 21 1. For general damages pursuant to CCP 5425. 11; i 22 2. For special damages according to proof; 23 3. For costs of suit incurred herein; and " 24 4. For prejudgment interest. 25 DATED: 3 26 KAREN M. PLATT Attorney for Plaintiff MEAGAN MOSCARELLI