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HomeMy WebLinkAboutMINUTES - 01131987 - 1.11 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 13 , 1 9 8 7 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: $75 , 000- 00 Section 913 and 915.4. PIeasd0qtjn4*1Cjq�gjtWt CLAIMANT: PATRICK HOWARD c/o Steven L. Weiner„ Esq. DEC 1 G 1986 ATTORNEY: 2821 Crow Canyon Road, ; 102 Martinez, CA 945;3 San Ra>y on, CA 94583 Date received ADDRESS: BY DELIVERY TO CLERK ON December 12 , 1986 BY MAIL POSTMARKED: Not legible Certified P 122 310 405 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is _a copy of the above-noted claim. December 15 , 1986 EVIL BATCHELOR, Clerk DATED: BY: Deputy NN ec 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: � l 9 �so BY: ep�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 13 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 ot'ce to Claimant, addressed to the claimant as shown above. Dated: JAN 14 1987 BY: PHIL BATCHELOR by ��v Deputy Clerk CC: County Counsel County Administrator s ,rciEp- 12- � 610 /a C I 0 f ' � To: County of Contra Costa ey,• 951 Pine Martinez , CA 94553 Certified Mail # P 122 310 405 Law Offices of Steven L. Weiner hereby presents this claim to the County of Contra Costa pursuant to Section 910 of the California Government Code . 1 . The name and post office address of Claimant is: Patrick Howard ; c/o Mrs . Joann Howard ; 30 Seneca Lane; San Ramon; California . 2 . The post office address to which Patrick Howard desires notice of this claim to be sent is as follows : c/o Steven L. Weiner , Esq. , 2821 Crow Canyon Road , Suite 102 ; San Ramon, California 94583 . 3 . On November 17 , 1986 , Claimant received personal injuries as • a result of being slapped in the face by his teacher at Pine Valley School . 4 . Claimant suffered personal injury to wit : Broken front tooth and other general damages . 5 . So far as it is known to Steven L. Weiner at the date of filing this Claim, Claimant Patrick Howard has incurred damages in excess of $75 ,000 .00 . 6 . The names or names of the public employee or employees responsible is/are unknown at the time of the presentation of the Claim. 7 . At the time of presentation of this Claim, Claimant Patrick Howard claims damages according to proof . Dated : December 11 , 1986 LAW OFFICES OF STEVEN L. WEINER BY: Q�'`(�v • STEVEN L. WEINER Attorney for Claimant County CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIAa rt�t 1-9196 Claim Against the County, or District governed by) BOAR A �11 % the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT January 13, 9W-,,,:,- and J and Board Action. All Section references are to The copy of this document mailed to you is your notice of �t California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $1 , 000, 000. 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: ROBERT ANDREW ALDRICH A MINOR, BY AND THROUGH HIS GUARDIAN AD LITEM, JOAN CAROLYN ALDRICH ATTORNEY: 3144 Sandalwood Court Lafayette, CA 94549 Date received ADDRESS: BY DELIVERY TO CLERK ON December 18 , 1986 BY MAIL POSTMARKED: December 17 , 1986 Certified P 118 743 093 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. December 22 1936 EVIL BATCHELOR, Clerk DATED: � BY: Deputy 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:�� BY:L]�-t r tT v r✓ l�-�ey'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. JAN AN 1 3 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 14 1987 11 Dated: BY: PHIL BATCHELOR by Deputy.Clerk CC: County Counsel County Administrator 1 2 3 r r-r-i v r-u 4 1 '7 1986 5 6 7 8 In the Matter of the Claim of : ) ) 9 ROBFRT ANDREW ALDRICH ) a minor, by and through his ) 10 Guardian ad Litem, JO?i? CAROLYv) CLAIM FOR PERSONAL INJURIES ALDRICH ) 11 Claimant, ) 12 ) -vs- ) RECEIVED 13 THE COUNTY OF CONTRA COSTA ) 14 � 15 DEC f_ 15 16 TO: THE COUNTY OF CONTRA COSTA A BOARD OF SUPERVISORS [RECEIVII ` 17 651 Pine Street, Room 106 Martinez, CA 94553 18 YOU ARE HEREBY NOTIFIED that ROBERT ANDREW ALDRICH 19 a minor, by and through his Guardian ad Litem, JOAN ALDRICH 20 21 whose address is 3144 Sandalwood Court,LaFayette, CA. , claims damages from the COUNTY OF CONTRA COSTA, in the amount computed as of the 22 date of presentation of this claim of $ 1,000 ,000 .00 . 23 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. lip r 1 Claimant, ROBERT ANDREW ALDRICH 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 multiple and severe lacerations of the head , right shoulder and 13 iand with permanent . d_isfigurement , and severe back pain and neck 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/0 JOAN ALDRICH 18 3144 SANDALI-MOD COURT, LAFAYETTE, CA. 94549. 19 . 20 DATED: December 9 , 1986 21 - JOAN ALDRICH 22 ' s, 23 m,Eo 24 25 26 27 28 : is • 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 13 ' 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: $256. 25 Section 913 and 915.4. Please note all "Warsy.SGL�SL� CLAIMANT: CHARLES B. L01-TERY (�J 2 19ab 305 Ponderosa Drive ATTORNEY: Richmond, CA 94803ar<<('C 0 a n.,: ...7,. Date received ADDRESS: BY DELIVERY TO CLERK ON December 19 , 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. ��IL BATCHELOR, Clerk DATED: December 22 , 1986 : Deputy L. Hall I1. FROM: County Counsel TO: Clerk of the Board of Supervisors (1-4 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: �`-- BY: c/K ( ��-� C-C-C� B4ptit'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 13 981 PHIL BATCHELOR, Clerk, By f. Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today 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 14 1987 Dated: BY: PHIL BATCHELOR by GAG�_ Deputy Clerk \"C: County Counsel County Administrator t t 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) A'y 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 ) Reservedstamps c he e6 �r ' REIMNEb aS� 3DB 1 © e'�. ��`'-i`oSr7.. C�'"' Il�cAm� �� 1 �� Against the COUNTY OF CONTRA COSTA) PHIL BATCHELOR or DISTRICT) CLERK 60ARO OF 6UPERVISORS O TRA Cp9TACO..... (Fill in name) ) sr • o�l,ty 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) , A16 cs tq a 1 16 1 ,—�, — �-- r' ; 1 j � �i -----------T----------. -----------•------------------------------ ---- 2. Where did the damage or injury occur? (Include city and county) ------------------------------------------------------------------------ 3. How did the damage or injury occur? (Give full details, use extra sheets if required) jJ15 d ri uI�q -oma r-d S ��p ka C3 e or- ars wa lj ad t o`f a s�ddevt1�ar' J ur"cG Ao one Sck wc� a /,Dual P0P, saUk�am 4e 18��"►'PO��''�ir•C�(, Ltkk�'�v l Q Y�cd y aw rS IM j g J UC/� l V% t+y Pr`.i^a-� UP A*1 T�11' CO1 L. �(tO✓I l l� be, G�t+�_o -Eke rcoJ, WA -*,Zi da✓,ar -k),-a d re s I diet�l T(�► uC � '� "�1 4 . What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? ares ©f MCJ �e br►S1�r� C�a to In ' O�Sfa G1 f '�"�i fx'o r /W al�etov i, Sc� bf Jl� t��i�5 rC. c►�� ar►l ram- � r�z�ef < < (over) �`Cen (36t S erw� ) il�e h D td re, or 6/6-ocP-i-v, PC!S 1•: 5. What are the names of county or district officers, sexv nts�Mr- ` I employees caus�in� the damage or injury? �u� l f5 `f ie, (4 x kbe✓,, wo(k y o n `{�P- CVtJ1P-V\A/ ------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) , f f-� h o , flcLc.� wE� XrOr 7l re, 06 u) Lolv�tirP- h"e, 7r"I 0� � Yr c� -- l�s� -- -- ----` ------- ---------------Y---------- -------ou�� 7. How was the amount claimed above computed? (Include t e estimated (&,* ,;- amount of any prospective injury or damage. ) �Y�S ►�-' �S' f6/o/aeie7�j P� 916P 710 4h7 Q> --. N-----------------------------------,------------------------------------ 8ames and addre�sses /of witnessesdoctors and hospitals. Dict/re- t o wei-Y, 65- Po P V!G�f e ilb.S'0-- 0� P t c.�,,rnoK4 oq qv*0�-3 ------------------------------------------ ------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT -401- ---►y^e i -sb 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 �� Claiznt' Signatur �— eAd res s Telephone No. Telephone No. �j► S oZ��-O?,� 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. " DMS-W6(i(te) GOODYEAR TIRE CENTER �w , OWNED&OPERATED BY JARV'S 8 JARVIS �I IC :' 1982 415-237-6610 950 eL PQrtTAL of TER" SAN PABLO CA 94806 ICE NUMBER ` SILL TO* HOME PHONE NO.* INVOICE DATE v Ci-,ARLES LMiERY 415-222-0756 11/29 11/29,86 21666 Q21Er66 BUSINESS PHONE NO. CUSTOMER P.O.NUMBER • `30;5 PQi1:QERDSA AR REG 9 AL461$4R �­ VEHICLE MAKE AND YEAR* LICENSE PLATE NO.* ODOMETER* PRE..,INV. NO. EL, SOri AN:T c CA. 94803 CARRY IN ACCOUNT NO. CR.AUTH. CLASS OF BUS.LRANS.CODE CASH/CHARGE/TERMS TYPE/STATE ]TIME PROMISED ii v moi. 2 i v3 t03 CHE;-K LJ .04 SLSMN./ MDSE/PARTS EXCISE TAX/LABOR 'MECH. PRODUCT CODE QUAN. DESCRIPTION LR/PLY RTG PRICE EACH PRICE EACH ,IINE.TOTALS 19,u 5 Z 50,25 -3 l i 15 A V 5 - R fta9.35Z08 0 I "ZZ 560"1IM15EAVRBSR-PTS2 03 €. ,44263 i. 'v`%0 T IRE SPIN BALANCE 2.005.5U T,.50. <r 23�c5123' 1- _ rF ',p ugg r ',ya�r�.a 5 5t m.mw s ja i'a .,�,-e a, 'E' '' `z'.k•3 �' ° x�ff V y� t,...0 .9 a �'P rr :' �,�. er `.-x- r� VAIE"s�-, �a .e+t,r.�:�. mOM .. -10¢ • ` ; *� b _ 3 � 1'1GIECHANIC(S)NAME AND NO.THAT PERFORMED REPAIRS SUB TOTAL LABOR SUB TOTAL MDSE./PARTS TAXABLE AMOUNT SALES TAX �. 5.50 173.0 173.00 141.25 INVOICE TOTAL PAYMENT PREVIOUS BALANCE FINANCE CHARGE NEW.BALANCE !REFUND 189. 75 189.75 .OJ 00 •0;0 All ports are new unless otherwise designated. BALL JOINT SPECS.8 MEASUREMENTS ADDITIONAL REPAIRS AUTHORIZED AUTHORIZED By(NAME) PHONE NO. RIGHT RIGHT LEFT LEFT - MANNER OF 'a .� r LOwFR. UPPER,: LOWER DATE TIME AMOUNT DESCRIPTION AUTHORIZATION it" :BY u r'a\ 4 _Sra vy„ 0 IN PERSON ❑MIN ❑N w . tC no_wledge notice and oral opproval of cri increase in the original estimated price. Merchandise and services invoiced above received to good codinntL+ z r46 � Cwt mw's Sig—re .. C.aomar i Sig— - n�DATP11 _ P111�_ d; c Bob's Union 76 3753 SAN PABLO DAM ROAD EL SOBRANTE, CA 84803 (415) 223-3533 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 13 , 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 Govnment Cot t�ounsel Amount: $175 , 000- 00 Section 913 and 915.4. Please note all .°Warnings". CLAIMANT: ALEXANDER BULLER ET AL -DEC 2 1' 1986 c/o Barbara Duval Jewell ATTORNEY: Thiessen, Gagen & McCoy Martinez, CA C:f ; A Professional Corporation Date received ADDRESS: P. O. Box 218 BY DELIVERY TO CLERK ON December 18 , 1986 Danville, CA 94526r BY MAIL POSTMARKED: no date on envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: December 22 , 1986 PpHHIL BATCHELOR, Clerk << , 8Y: 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: Dated:/ ,(, A BY �. - ���� ef-�K-�_—Deputy County Counsel f III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV, BOARD ORDER: By unanimous vote of the Supervisors present (/y This Claim is rejected in full. (( )� Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. JAN 13 1987 , Dated: PHIL BATCHELOR, Clerk, By - Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to Consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. JAN 14 1987 � Dated: BY: PHIL BATCHELOR by �. Ze_-4)lputy Clerk CC: County Counsel County Administrator t 1 MARK L . ARMSTRONG BARBARA DWAL JEWELL REC 2 THIESSEN, GAGEN & MCCOY A Professional Corporation 3 279 Front Street �1�96 Post Office Box 218 4 Danville, California 94526-0218 Telephone: (415) 837-0585 5 Attorneys for Claimants 6 ALEXANDER BULLER and ALEXANDER BULLER & ASSOCIATES , INC. 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA 9 10 In the Matter of the Claim of ) NO. 11 ) ALEXANDER BULLER and ALEXANDER ) CLAIM FOR TOTAL AND 12 BULLER & ASSOCIATES , INC. ) COMPARATIVE EQUITABLE INDEMNITY 13 Claimants, ) 14 vs. ) 15 CONTRA COSTA COUNTY and DOES 1 ) through 25, inclusive, ) 16 ) 17 Claimants ALEXANDER BULLER and ALEXANDER BULLER & 18 ASSOCIATES , INC. , hereby present this Claim to CONTRA COSTA 19 COUNTY pursuant to Section 910 of the California Government 20 Code. 21 1. The post office address of Claimants is 431 North 22 Buchanan Circle, No. 16, Pacheco, California, 94553. 23 2. The post office address to which Claimants desire 24 notice of this Claim to be sent is c/o Barbara Duval Jewell, 25 Thiessen, Gagen & McCoy, a Professional Corporation, Post Office 26 Box 218, Danville, California, 94526 . LAW OFFICES IESSEN.GAGEN&McCOY 4 PROFESSIONAL CORPORATION 79 FRONT STREET ANVILLE,CA 94526 TEL.837.0585 r . r 1 3. On or about November 10, 1986 , Claimants were served 2 with a Summons and First Amended Complaint in an action filed in 3 the Superior Court, Contra Costa County, entitled STEVEN SACHS , 4 BOBBI SACHS , and AMERICAN MOTORISTS INSURANCE COMPANY, 5 Plaintiffs, v. COUNTY OF CONTRA COSTA, et al. , bearing No. 6 253460, a true copy of which is attached hereto and incorporated 7 herewith by reference as Exhibit "A. " Plaintiffs have named 8 Claimants as DOES 7 and 8 and seek to recover compensation from 9 Claimants for damages Plaintiffs allegedly sustained on their 10 property at 45 Knickerbocker, Orinda, California, commencing on 11 or about February ll, 1983. 12 4. Plaintiffs in said Superior Court action seek to 13 recover damages in excess of One Hundred Seventy-Five Thousand 14 Dollars ($175, 000) according to the allegations in their 15 Complaint. 16 5. Claimants are not the cause in fact nor the proximate 17 cause of Plaintiffs' alleged damages and contend, based on 18 information and belief that Plaintiffs' damages, if any, were 19 proximately caused by the negligent and other conduct of CONTRA 20 COSTA COUNTY and DOES 1 through 25, in designing, constructing, 21 managing and maintaining certain storm drains and related 22 improvements next to and above Plaintiffs' property. In 23 particular, Claimants allege on information and belief that the 24 COUNTY negligently allowed said storm drains to rupture and/or 25 become clogged in such a fashion that they could no longer 26 receive surface water . The water thereupon flowed down onto the LAW OFFICES IESSEN.GAGEN 8 MCCOY 4 PROFESSIONAL CORPORATION 79 FRONT STREET ANVILLE.CA 94526 TEL,837-0585 I i ' I 1 land of Plaintiffs and adjoining properties, creating erosion 2 and eventually . a landslide. 3 6. Based on the foregoing set of facts Claimants claim and 4 demand that CONTRA COSTA COUNTY and DOES 1 through 25 defend and 5 indemnify Claimants against all damages sought against Claimants 6 by Plaintiffs, and for Claimants' reasonable attorney fees and 7 costs in the event this claim is denied. 8 Dated: December , 1986 . 9 THIESSEN, GAGEN & MCCOY 10 A Professional Corporation 11 By 3aJ4�*44� - 12 BARBARA DUVW JEWELL Attorneys f Claimants 13 ALEXANDER BULLER and ALEXANDER BULLER & 14 ASSOCIATES , INC. 15 16 17 18 19 20 21 22 23 24 25 26 LAW OFFICES _3_ IESSEN.GAGEN&MCCOY A PROFESSIONAL CORPORATION '79 FRONT STREET ANVILLE. CA 94526 TEL.837-0585 `Cl f CIOAI JUICI,a L) �GI ICL IQ . 11.101-14 -)DI14ICA, , COUNTY OF CONTPA COSTA, a governmental entity; A. G. BREITWEISER BUILDERS, I :C. , a California corporation, previously sued 'herein as DOE 6 ; and DOES 1 through 5 and 7 through 50 , inclusive "011 .1 E E`li%'G SU'I=D EY PLA1(1QT1PF: STEVEN SACHS , BOBBI SACHS , and AMERICAN M iOTORI STS INSURANCE COMPANY You !-.ave SO CALLIVDAR DA; 'S a`ter this sum- Dcrfpues de quo le enfrr-uen c--fa cifacivn judicial usft-d ncns is sere;d on you to file a typewritten re- fier,e un plazo de 30 DIAS CALEND.�'RIOS para prc-,r•nfar sponse at this court. una rr_pue_la c__Crifa a rn=quina en esfa code. A rcY,er or phone call %%ill not prctect you; your Una car:a o una lla,rada feie(dn;ca no le of,-r-c epi typcv.•rMen response must be in proper fecal profecci(,n; cu n:,puesfa escrila a rr2quina 6,1ne que fcrm if you %•.•ant the court to hear your case. cun,p!ir con las formal;lodes IcI. les si v5hd if you do not pie your response on ti:ne, you may qu;L.,-c quo la code c•scuche su c?-- lose the case, and your v.-ages, money and pro- Si usfed no cu re-spuc_<fa a ficmpo, puede pc,-der perty may be W.en wGi,out further v:arninq from e/ca.cq y•lepuc-dun qu;larsu,_31ariq su dine, yofrascocas ;he court. de su prop,edad s;n _,viso adicional por parte de la torte. TF,,e-e are oth:r Ico3l requirements. You may Exisfc-n ofros n-q:Jisilos logales. Puede quo us.rod qu;cra v.-Brit to call an attorney right av-ay. If you do not l!arnar a un ahn;.3do inmrd:3fame•nfe. Si no conoce a un I;now an attoMey, you may call an ai",o,ney refer- Pbo-'::do, puc-c,'e llamar a un sen;cio de rrferencia de ral service or a I&;aI aid office (listed in the phone abogodos o a una olicina de .3yuda I mal(►La el&rtx-forio book). Telefon;co). .�_•� — CASE niM;rK art G T The r.=rne and address of the court is: (El nombre y direcci6n de la cone es) "7 1 P RIOR COURT F ---- SL E C 0 THE STATE OF CALIFORNIA COUNTY OF CONTRA COSTA Contra Costa County Courthouse P. O. Box 911 Martinez , California 94553 The r._ r.e, addfess, and to ephone num'�er of p:aintiff's anciney, or p!a;ntrlf ,vithnut an attorney, is: ;fl r.r,:::L:e, fa dIrecc bn y el r, :hero de re!cfono de!a5o�ado de! d�:nar,c'ar.:e, o c'c'/ de:r.andan:e quo no trcne aboy..do, es) NICHOLS , DOI , RAPAPORT & HUMPHR-EYS a Partnership of Professional Corporations 421 Powell Street , Suite 225 San Francisco , California 94102 Telephone : (415) 939-1382 'r P OMON W- MARKS --"TE: r UG 1 i.�t�6 �. .. C! '�. by -- ---- — -- — — -play (t'• of -.. `! _ i.'-)TICE-,l0 TI;E F,:,7;'.: C. . �D Y: j --�-� ,,d ------- — ----------- _ -- 2. ( 25'.�e of DOE 7 ( CCP _ !I l C__ _0 (X CC- IX - Edit ilii I' !'� .): :IC11O1_S, DOI, R:1P:1POnr IIL:' '.;i 11111;YS a Partr,_rship of P rofc_:�'.U:.nl Cora:-rations 2 421 Pov.cll Strcet Shite 225 _ San Francisco, California 24102 3 Telephone: (415) 9189-1582 p AUG •-� Attorneys 'or 1 ]=.intiffs 7 St'PERIOR COURT OF THE STATE OF CALIFORNIA a IN AN'D FOR THE COUNTY OF CONTRA COSTA 10 STEVEN SACIIS, BOBBI No. 258460 1 { SACHS, and A-1JERICAN 'MOTOR- ISTS INSURANCE C0:',;PANY, FIRST A7,1ENDED CO.1JPLAINT FOR 12 DA'.IAGES (Negli-ent Construction, Plaintiffs, Su ict Product Liability, 1 :5 Diversion of Surface 1'% atcrs, vs. Nuisr:nce, Trespass, Danc-orous 14 Condition of Public Property, COIIN,I'1' OF CON TRA COSTA, Inverse Condemnation) 15 a governmental entity; A. G. BR E1Tt''E1SER BUILDERS, 16 INC., a California corpora- tion, previously sued herein as 17 DOE 6; and DOES 1 tl;rou-h 5 18 and 7 tkrou-h 50, inclusive, Defend-nts. 19 20 Pl,,intiffs allc7c ^s follo;•:s: 1 GIFNl:RAL (-;.V,!-IONS 1 . P1 ;ntiffs STLVE.N SACHS Lad i3O1331 s.%CIIS (Iicrcinafter r3 I so,m,ctimcs refc,•rod to I's "I""C' S:%CliS") .��c :...1t it I vir:l;':Is. 2,• ! 2. Dc�.... ..:.t c�C�i ': i Y lel' C,0.— ;-:1A COSTA ('CnN f',.� �:lj�. I nd at ell timr.-S h,.. _:n ,.. _`i�i.t:C:C _'� i :��'1t I Cat i\ v`i.. ,ILinJ •• ii .:n i .. t y I l� C Ct tC of [ :.!:_ t .: . . t'.:t = = c _ Of i 1 c, o.-nia. 3. On or i:)out ' ,ril 15, 1983, P'.aintiffs S I: EN SACHS ,.nd BOGBI 3 SACHS filed a claim a;;ainst Defendant CONTRA COSTA for all damnges to their real property, yursaant to Government Code 9.910. On or about, and not 5 cari;er t1;an, 17, 1953, the Board of Supervisors of CONTRA COSTA marled 6 Plaintiffs notice of the rejection of their claim. A copy of Plaintiffs' claim and 7 the rCj Ction notice from the Ccard of are attached hereto as 8' 1:shibits "A" and "B", respectively, and incorporated i�roin. On November 17, G 1983, the SACAS timely filed a Con�,laint for darn ges vJthin the time 10 r'rescribed by la-a after denial of*said claim. 11 4. The events and occurrences herein mentioned occurred in the 12 Co: nty of Contra Costa. 13 5. Pl ;miffs are ignorant of the true names and capacities of 14 Defen'°. nts DOES I through 5 and 7 through 50, inclusive, and therefore sue r 15 V-,,cm by such fictitious m-i3ncs. Pl,,Jntiffs -,%ill amend this Complaint to allele 16 the true nF:incs and eap=:ciVes of said DOE Tjefcndnnts when the same are 17 ascertained. Plaintiffs are informed and believe and thereon allc„e that each 18 of the named Defene:;nts c'csignated herein es a DOi: is lc�nily rc_,•onsible in 19 some manner for the events and occurrences herein referred to and legally 20 caused ii;jury and camal;cs to Plaintiffs as l-,c:••Jn .ale;ed. 21 6. At all times herein mentioned, Da _ad5nts MO l RA COMA, A. G. 21 13NE1M;ISER BUILDERS, INC., and DOES 1 _ ,:nd i tii 'G'iah 50, ::nd each of t1hem, Cre the .cents and �.:'.c ' - -� of _::eh of the :-Cmiainlnb I' '..'ef:il'•. .ills, ond •.u; c ?t Al Likm . _ . q .n ..:C C"•... ;'^_ r nd _ope of said I' :1Cy and :'l- lG: .. lt, ond cac11 TiC•f _ ....lilt ! n5 r Med ..nd - :'r' ' ved the -lets iII� I I 1 7. Plaintiffs are informed and believe, and on that basis allege, that at all times herein mentioned, Defendant A. G. BRE1TI ELSER BUILDERS, INC., 3 ivhose identity 'v:as previously unkno%,,n and ivas therefore sued herein as DOE 6, 4 r;as a licensed contractor, license no. 283245, and %,as at all relevant times a 5 ecrporation incorporated and in good standing under the lavas of the State of 6 California. 7 8. Plaintiffs are infor!-ned and believe, and on that basis allege, that B Defenc,,nt A. G. I;RE1T1iEL�ER BLII,DEnS, INC. was the gcncral contractor respo!:sMe for the construction of the residence and grounds of the residential 10 real property located at 45 Nnickerboc} er Lane, Orinda, Contra Costa County, 11 California. l 9. Plaintiffs are informed and believe, end on that basis allege, that in 3 its cape city as general contractor resp�nsible for the construction of the 14 subject residence and grounds, Defendant A. G. BRET I EISER BUILDERS, INC. 15 hired, oversaw, and supervised certain indivi�,:als, partnerships, corporations, 16 and/or joint venturers, the exact nurncs and forms of which Plaintiffs are 17 currently ignorant of, and therefore sue them under the fictitious names of 18 DOES 11 through 40. 19 10. Plaintiffs STEVEN SACHS and B01,3i31 SACHS are, and at all times 20 i herein mentioned %,.ere the o,•;ners of v.itli a Dssossory right and interest in 21 ` reside tial real property with i---,:ovc-,cats il,creon located at 45 22 I Nnlcl-crbocker Lane, Orinda, Contra Cesta Count\', Cnllfo;.nia. 1 2_ 11. Plaintiffs are inforri-.ed and 'clicve, ':?id on t;:at b.s!s allege, that at all tip cs here;n mentioned, De e'.._. .iS CU:: i ^.1 COSTA .and 1)O1.S 1 I 5, inclusive, and each of them, _. c • ad .;'c t?,c of t?.c cul-dc-sac i ;r. I lG�^.n:tc. ° .:; ,'.e nand a(f"-ccrlt to P :1;?tlif ':? .rt`' ,:t ;:) I1 < < I I 1 Knickerbocker, and of the storm drains and pipes located under, adjacent to, or on the cul-de-sac. 3 12. Plaintiffs are further informed and believe, and on that basis allege, 4 that Defent'ants CONTRA COSTA and DOES 1 through 5, inclusive, by and 5 fl-wough their a�cnts and employces, DOES 11 tier ouch 40, and each of them, at 6 all times herein mentioned were and are responsible for and, in fact, designed, 7 inspected, constructed, installed, I, a—nng'd, ,n-:intaincd and controlled the cul- 8 de-sac and its associated storm drains and pipes. g 13. Plaintiffs are also informed and believe, and on that basis allece, 10 that Defendants DOES 7 through 109 inclusive, are subcontractors or 11 independent contractors responsible for the filling, cutting, grading, and 12 compaction of the grounds of the property located at 45 Knickerbocker Lane 13 and/or responsible for otherr;ise protecting the property from subsequent soils 14 slippage. 15 14. At all times herein mentioned, Plaintiff AMERICAN IMIOTORISTS 16 INSURANCE COMPANY (Remi:per Group), hereinafter referred to as 17 "KEMPER", was, and is, a mutual insurance corporation duly qualified to 18 transact, and transacting, among other thins, a prop arty, cnsi.salty, 19 homeo;:ners, and fire insurance business in the State of California. 20 15. KE %'iPER insured the c-:clling owned by Plaintiffs STEVEN SACHS 21 and LO1313I SACHS rand located at 4;, knickerbocker Lane, Orinda, under policy �2 no. TT221778 during the period bcjinning October 27, 19SO -nd including the ► ti;rne all losses alleged herein v.cre s:at;:ined. i 2I 16. Pursuant to the ter ms of policy no. T T2221;;8, Plr:intiffs STEVEN i I SACHS and PO3I3I SACH p:'c_c�tc� c'.r:i^s to I;E:,iPI:P, for 0a.mages arising ^ J of IS63 Gut of t' e ILIIC'..liccs of i'c`,r�'ar\' 11 , l� 3 i' I 1 on their property located at 45 Knickerbocker Lane, Orinda, California. 2 17. Pursuant to the terms of policy no. T T221778, KEMPER investigated 3 the claim of Plaintiffs STEVEN SACHS and BOBBI SACHS, and engaged other 4 pr ofessiont:ls, including enginec-s and attorneys, to investigate said claim, and, 5 as a result of said investigation, paid out to the SACIIS the total sum of 6 s 175,111.00 to reimburse the SACHS for the diminution in value of the SACHS' 7 prGpl-rty looted at 45 hnic':erbocer Lane, Orinda, California, brought about 8 by the landslides of February 11, 1953 and thereafter in November and 9 Dcccr.)er of 1983. 10 18. By the terms of policy no. Ti 221 7;8, KE-,PER became subrogated 11 to any and all rights of the SACHS as against any third parties for the liability, 12 responsibility and payment of any damages arising out of the landslide of 13 February 11, 1953 on the SACHS' property located at 45 Knickerbocker Lane, 14 Orinda, California, to the extent of the SACHS' insured loss. 15 FIRST CAUSE OF ACTION 16 (Negligent Construction) 17 19. Plaintiffs reallege and incorporate by reference paragraphs 1 18 thi-ou7h 18, inclusive, of this Complaint, as tl-iough set forth in full in this cause 19 of action. 20 20. Def cnc --nts CO\TRA COSTA COUNTY and DOES I t1hrough 5, 21i inclusive, by and thro ,gh tr.cir cmployees rand agents Defendants DOES 11 22 through 40, inclusive, nd each of them, negligently, c relessl} and improperly 2 J I designed, ConsiruCled, installed, manrirred, n,aint ;ncd and controlled the cul- t• 2 4 de-sac and its associated storm drains and pi_;cs so ti:at t1,c rt )cs ruptu-ed and =5' the storm drains bec,n"ie CloE"?ed, thcrebl' _:_Cii3r� iig ', ll , Gr dlvCrting ::%ter f � i G"itG t1:e C.1 Cl:S' �•u-t: i ^_On on Or `i'Dut i f � I i _ I I 1 Fe'ljruary 11, I�S3, Lnd 1_nother thereafter in 1'ovember and December of 1983, 2 and proximnately resulting in damage to Plaintiffs. 3 21. As a proximate result of the acts and omissions of Defendants, and cr.ch of them, the Plaintiffs have sustained damages in the form of property 5 uar,;age, inducing but not limited to damage to the earth providing lateral and 6 �u'-)ir,cent support for the residence, landscaping, and fencing, and diminution in 7 p.op, r t}• value in an amount in excess of $175,111.00. 8 22. As a further and rroximate result of Defendants' acts and omissions, p the SACHS lave suffered and continue to suffer much r;orry, anxiety, and 1p irentzl and e,-notional distress, all to their general da-mage in an amount to be 11 sl-,ov,n at time of trial. 12 SECOND CAUSE OF ACTION 10 (N egli(7ent Construction) 14 23. Plaintiffs reallege and incorporate by reference paragraphs I 15 through 1S and 20 through 22, inclusive, of this Complaint as set ,forth in full in 16 this cause of action. 17 24. On or about 'uay 3, 1978, the l;uilding Inspection Department of the 18 COUNTY OF CONTRA COSTA npf>roved the application of Defcndr.nt A. G. 19 BREITIIEISER BUILDERS, INTC. for a building permit concerning the 20 construction of the residence and -rounds located at 45 hnic}:erboc}:er Lane, 21 I Orinda, Cent a Costa COUnt}', Cr'.11fUrI113, rind IS_lled i'.11lid'ing Permit NO. 22 A63885A, perrrlitting Defendant A. G. B 1:1I :';l'1SEP. BUILDFRS, INC. to build i I the residence and (-rounds located at 45 l:nie':erbocl;er Lane. 2 25. Plaintiffs are in,r ormned rand bclicvc, ind on that 113n sis alle;e, that I is during 1978 and during the rears tl-,creaf ter Dcfencr,nt A. G. lj'];1 1I 1'�i:ISEP. i i. I ! i BLILDEP.S) INC. LC z jener' 1 CL:It :Or In C ,_ -C Gr i i i• . 1 rc: i:_)_nce and the grounds of the subject property, and in so acting hired DOES E 7 through 10 to construct portions of the residence and grounds. 3 26. In 'its capacity as general contractor in charge of constructing the A residence and the grounds of the subiect property, Defendants A. G. 5 BREiT1iElSER BUILDERS, INC. DOES 7 trough 10 ov,ed a duty to the 6 subsequent owners of the subject property, including the SACHS, to plan, 7 design, construct, and to hire, oversee and super-vise DOES 7 through 10 to Elan, 8 design and construct the residence and the grounds of the subject property such g that the subject residence and grounds v,ould be free from any unreasonable 10 dander of damage due to landslides and/or ;:ater run-off. 11 27. Defendants A. G. BREITI E1SER BUILDERS, INC, and DOES 7 12 ttu ough 10 breached said duties, and in so breaching said duties, acted 13 carelessly and negligently in the construction of the subject residence and 14 grounds and also acted carelessly and negligently in the hiring, overseeing and 15 supervising of DOES 7 through 10, by planning, designing and constructing the 16 subject residence and grounds in such a \•,ay that created a condition in the 17 residence and grounds not readily observable v:hich created an unreasonable 18 dan er of damage due to landslides and/or iter run-off. Said carelessness and 19 negligence is based upon the follo•:;ing facts, among others: 2� a. T132t a ecrtn in hid en dc-,-;P-Spout ti, bing .,,,as pl.-nned, designed, 21 and/or constructed negligently .:nd improperly, in that it failed to ndcquately 22 drain the grounds of the subject p:einises; and 2� + b. That the cutting, grading, filling end'or coinpaction of the 2 I orounds of the subi--ct property ;;ere de_ioned, pl., .nned and p^: formed i negil�ently and imp:•operly in tl�;-t the su`JjeC t �:J�ildS �':Cr;: 11Ti,)l,? t0 "� II for C.CC':bIC i'�! 1T21I .'. !! I u i; I 1 28. As a pro\imate result of said carelessness and negligence, on or 2 about February 11, 1953 and thereafter in .november and December of 1983, 3 landslides occurred on the SACHS' property located at 45 Knickerbocker. 4 THIRD CAUSE OF ACTION 5 (Strict Product Liability) 6 29. Plaintiffs reallcge and incorporate by reference paragraphs 1 7 thra;Jgh IS, l;,c'u_;�e, and i.aragr2phs 21 and 22 of this Coy ,plaint as though set 8 forth in full in this cause of action. 930. In performing its duties and obligations as general contractor with 10 respect to the construction of the prc: ,ises and grounds located at 45 11 Knic':erbocker Lane, Orinda, Contra Costa County, California, Defendants A. 12 G. BRE1T 11EISER BUILDERS, INC. and DOES 7 through 10 designed, planned, 13 and constructed the pr ernises and grounds and hired, oversaw and supervised 14 DOES 11 'L)-,: ou h 40 to plan, design and construct the premises and grounds of 15 the subject property. , 16 31. Plaintiffs are informed and relieve, and on that basis allece, that 17 Defendant A. G. BREITIi EISER BUILDERS, INC. v.as a licensed contractor, 18 license no. 2-83245, and it and DOES 7 tlirough 10 --,ere in the business of 19 planning, developing, and constructing homes such as the subject residence and 20 grounds, and in such capacity had planned, designed and constructer; many other 21 similar homes prior to and simultGncously v.ith the plLnning, dcsigning, and 22 construction of the subject residence rand grounds, and has continued r:nd still 20 continues to design, plat and c.,lrtruct of ,er iioines similar to the subject 24 ' re_idence and grounds. 32. Defends=nts A. G. BRI-1TI',T!5-J-J1, 7 I,�U U1:P,S, INC. Frid DOFS 7 �� tli. Gl:6h 10 i 1 respect to the construction of the subject residcnec «nd grounds for the purpose 2 of and with full 'r.no:';ledge that the finished residence nd grounds would be 3 placed on the open market and would be considered for purchase by tic general blic and that t1rie buying general public r:o„ld be unable to adequately inspect 4 p.; 5 the subject r csidence and grounds for the latent defects coinpl;:ined of herein. 6 33. The performance of Defendant A. G. BRE1TWEISER BUILDERS, 7 INC.'s obligations and duties as general contactor :;ith respect to the 8 construction of the subject residence and grounds involved and included the 9 installation of certain dor;nspout tubing within the grounds of the subject 1 property. 11 34. The installation of the downspout tubing constituted a portion of the 19 manufacturing process of the subject residence and %-,as latently defective in 13 t},at it v.-as designed, manufactured, and/or put in place in such a m4nner that it 14 created a defective and unreasonably dangerous condition on said property. 15 35. The performance of Defendant A. G. BREITIVE1SER BUILDERS, 16 INC,'s obligations and duties as general contractor v;ith respect to the 17 construction of the subject residcnce and grounds also involved and included the 18 cutting, grading, filling and/or comp action of the grounds of the subject 19 property, 20 36. Said cutting, grading, filling and/or compaction constituted a 21 portion of the manufactu;•ing process of the subject rc_idence, and v;Fs also 22 latently defective in that the subject grounds wore defective and unable to r;iUistand foreseeable rainfall I..itl-outd-nocrous sl,*i pr,ge. r (= 37. As a pro?:irate result of tine defective '.nd the u defects in the cut tin„ jading, fill'^� ;i '•, Or coy--nc lion of tlic Ol dS of the 51:ti Ci JpCr ty, 0n cr -J:.;t I' _'_ . ...."v II lr'C? lcicci;; ; _C �;n t}le i 1 II � I� r � I r , 1 Plaintiffs' property at 45 Knicke; boder Lane. :? FOURTH CAUSE OF ACTION 3 (Diversion of Surface Waters) 4 38. Plaintiffs realler e and incorporate by reference paragraphs 1 5 th;-ough 18, inclusive, and paragraphs 21 and 22 of this Complaint as though set 6 forth in full in this cause of action. 7 39. Defcncr:nts CONTRA COSTA and DOES I through 5, inclusive, by 8 and through their employees and agents, and each of them, negligently, 9 carelessly, improperly and dangerously designed, constructed, installed, 10 managed, mint .ined and controLed the cul-dc-sac nd its cssociated storm 11 drains in that they allovred the storm drains to become clogged when it was 22 reasonable to expect and reasonably foreseeable that ;ainv;ater v;ould be 13 collected, accumulated, concentrated, diverted and redirected to the lo'aer 14 portion of the property ov;ned by Plaintiffs STEVEN SAC1IS ,old BOBBI SACHS 15 by the clogging of the storm drains, and when it '„as reasonable to expect and 16 reascnr:bly foreseea5le that this diversion of water to the lo•;;er portion of the 17 property v;ould saturate the property and cause a landslide thereon, resulting in 18 su'Dstantial h=rm to the property and to Plaintiffs S fl:N'EN SACIIS rand BOBBI 19 SACHS. N otr;ithstanding the for eooing, at no time prior to, nor at any time on 20 or about February 11, IIS3 or in Nove...1jer and Dcccmber of 1983, did 21 Defendants CO:N:TRA COSTA and li0^S 1 through 5, inclo-z"'ve, or any of them, 22 tahe any step; to prevent the esc pe of t,ie %-.atcr from Defendants' property 23 onto the SACHS' property. rIrTH CAUSE OF ACTION 25 (`:u: �-ce) !” I z� . P1:':'ltllfs 'C:'li•;_e ^.G i: ��."r�� ..:t= _ _ C`�' :CC �' " :��1S 1 i f I; I• � _ i I through 18, inclusive, r nd paragraphs 21 and 22 of this Complaint as though set 2: forth in full in this cause of action. 3 41. Plaintiffs are informed and believe, and on that basis allege, that at A ,ll times herein mentioned Defendants CONTRA COSTA and DOES 1 through 5 5 and 11 through 40, inclusive, and each of them, so designed, constructed, 6 inst--lied, managed, maintained, and controlled the cul-de-sac and its associated 7 pi f.cs and storm drains, v;h1ch are adjacent to the SACHS' property, that rater 8 v;as diverted nndlor discharged onto the SACKS` pr operty, causing a landslide o thereon and damaging the Plaintiffs. Defendants' acts and omissions 10 constituted the creation of a nuisance %:ithin the meaning of §3479 of the Civil 11 Code in that they interfered %,:ith Plaintiffs STEVEN SACHS' and BOBBI SACHS' 12 comfortable enjoyment of their lives and property. 13 SIXTH CAUSE OF ACTION 14 (Tr esp--ss) 15 42. Plaintiffs reallege and incorporate by reference paragr-aphs 1 16 through I S, inclusive, and paragraphs 21 and 22 of this Complaint as though set 17 forth in full in this cause of action. 18 43. On or about February 11, 1953 rand tl ercafter in November and 19 December of 1983, Defendants CONTRA COSTA and DOES 1 through 5 and 11 20 through 10, inclusive, and each of them, v:ithout the SACKS' per r-;ission or 21 consent, i%,ronofully caused or allot.-cd t•:^ter to cater onto tlhe SACIIS' property, 22 j prONirnately causing a Inndslide thereon, and d m<ging fl,c SACHS. 23 ( SEVENTH CAUSE OF ACTION i ?4 j (Dangerous Condition of Public r-i-o crty) 2:7 ; 4.1. Plaintiffs reallege and incorporate by ref c-ence n rarr;:phs I i tllrGL'�n 18, jnc'u=iyc, ?nG �,". �r��l'.- ^_1 r.nd 22 of t s Cc,. . '.nt as h set � I' I I. I • i 1 forth in full in this c:use of action. 2 45. On or about February 11, 1983 and thereafter in November and 3 December of 1983, and for a substantial time prior thereto, the above-described 4 cul-dc-sac and its associated pipes and storm drains v.-ere in a dangcrous 5 concition that created a substantial risk of the type of injury herein alleged 6 e;hen property adjacent to the cul-de-sac .vas used with due care in a manner 7 that \.as reasonably foreseeable, in that the cul-de-sac and its associated pipes 8 and storm drains v.ere negligently, carelessly and improperly designed, g inspected, constructed, installed, managed, maintained, and controlled and the 10 pipes and storm drains were defective, cracked, broken, and clogged, allov.ing 11 v. ater to be diverted and discharged onto the SACKS' property adjacent to the 12 cul-de-sac. 13 46. Defendants CONTRA COSTA and DOES 1 through 5 defectively 14 planned, designed and/or constructed the above-described cul-de-sac and its 15 associated pipes and storm drains to create a dangerous condition which 16 Defendants CONTRA COSTA and DOES 1 through 5 had constructive notice of 17 by virtue of their involvement with the planning, designing, and/or construction 18 of.ssid cul-de-snc and its associated pip es and storm drains. Defendants, in the 19 exercise of due care, should have discovered the condition and its dan;-erous 20 character. Plaintiffs are informed and believe, and on that basis allege, that 21 Defe-ndant CONTRA COSTA had nct•.:al kncwledoe of the existence of the 2_0 dangerous condition and knee: or Should have knov.n of its dcngerous character a 2� sufficient time prior to February 11, ]9S3 and tl�erc-:ft� r in ,"oveniber and 24 December of 1983, to have taken n ca_ res to �.rotcct :,--,-Jnst the condition. 25 47. On or about February 11, 1^83 ;.nd tl._; onfter in ,Zovember ,and DcceT�;er of )9S3, s a rc=l:It of 11 -,—: ' C, Z S -.5 r-: c.— n7 of the I I; �� II I' 1 storm drains caused by Defendants' negligent, careless and improper design, 2 inspection, construction, installation, management, maintenance and control of 3 their cul-de-sac and its associated pipes and storm drains, v.,ater from the pipes and from rains was diverted and/or discharged onto the SACI,S' property, 5 pro>:imately causing a l n ccslide thereon, and pro\imately resulting in damages 6 as alleged bclov, to the SACI;S. 7 I:IGiiTH CAI-SE OF ACI-10N 8I („,vcrse Ccndc�nnation) n 48. Plaintiffs reallege and incorporate by reference paragraphs 1 10 t1wough 1S, inclusix , and paragraphs 21 and 22 of this Cor:-,plaint as though set 11 forth in full in this cause of action. 12 49. Plaintiffs are informed and believe, and on that basis allege, that at 13 soi-netime prior to Feb7oary ll, 083 and thereafter in November and December 14 of 1953, Defendants CONTRA COSTA and DOES 1 through 5, and each of them, 15 cel;bcrately designed, planned, constructed, approved and operated the cul-de- 16 sac adincent to the property owned by Plaintiffs STEVEN SACHS and BOBBI 17 SACHS, together with its associated pipes and storm drains, for public use and 18 that on or about February, 11, 1953 and tl creaftcr in Ncvo;A cr and Wc•eriber 19 of 1983, such cul-do-sac and pipes and drains operated for public use and 20 ben efiit. 21 I 50. The and its pipes ,:nd storm, drains v.-cre a 22 I s,- proximately r ^tom 'd onto Plaintiffs �,,�t-ntial , actor in �,� o.., �_,t.1y ca.:s:np ..�_ �r to be d:��crt�_ ' STEVEN SACHS' and BODBI SAG;S' j•:�_,eQy, it ::nd proximately Ca'J�ln� a IWAide thereon on F _ ;unry I I , 19c3 :.IICI t, ' CAAcr in ':ovcmber and December of 1953, thcr eby p7o....:.,.._l_ enuzin; intil camngc to the • ! It p %p:erty . ,&i0n; bit not Hill._- .o j% ,c la t!.,. .. .. ... � - n; !..ral and 1 subjacent support for the residence, landscaping and fencing, and diminution in 2 property value in the amount of $175,111.00. ` 3 51. As a result of the above-described damage to said property, it has 4 been tnken or damaged for public use in an arncunt in excess of $175,111.00. 5 I 52. The Plaintiffs have received no compensation for the damage to 6 I their property from Defendants CONTRA COSTA or DOES 1 through 5, or any 7 of them. 8 53. The Plaintiffs h_-ve incurred and v,ill incur attorneys' fees, expert ofees, cn,.ineerino fees, appraisal fees and other litigation expenses because of 10 this proceeding, which are recoverable in this action under the provisions of 11 §1036 of the Code of Civil Procedure. The exact amount of these fees and 12 expenses cannot yet be ascertained, and vrhen such amount is ascertained, 13 Plaintiffs v:ill seek; leave of court to amend this Complaint to allege the true 14 amount tkicreof. 15 1"11EI;EFCRE, Plaintiffs pray judgment against Defendnnts as follov.s: 16 1. For compensatory' d mr:ges in the amount of $ 175,111.00, as paid 17 out to the SACHS by KE"IJPER pursuant to the terms of policy no. TT221778; 18 2. For comr,ponsatory cai-r.ages in excess of $ 175,111.00 to the SACIIS 19 I according to proof at the time of trial; 20 I 3. For co;n�,c;;,atory ca,�;ages v:h;ch v.-ere not insured by policy no. 21 ! TT221;;S, -,ccordiing to proof at trial; 22 4. For t:-,c amount of r':oney v,'hich -,-:ill coi:-.,..cn:ate the SACIIS for the taking of t-eir pro-,crty, the ex•ict Lmount to e Ihov n at time of trial; 2 ' S. For interc-st on all rimounis Lv. _ nt t,-,c lc7al r-,,te fr0:T1 the (:2te 25 of the loss. r� I' 6. For ctt•�r`,� ,C_S, _ :i.C�rt3, rC--. - :i_i :'ir: .'L� r. _-, .,. ;:'li cr J. 1 costs ti;at are properly awardrble under 51036 of the Code of Civil Procedure; 2 7. For costs of suit incurred herein; 3 8. For such other and further relief as the court deems just and proper. 4 Dated: August 5, 156. 5 NICHOLS, DOI, RAPAPORT & HU'.iPHREYS 6 7 � By _ _ / _✓., 8 D_�\lEL RAP AP0I3T Attorneys for Plaintiffs STEN'EN SAC}1S, BOBBI SACHS, and A:'•irRICAN 'MOTORISTS 10 INSURANCE COMPANY 11 12 13 14 15 16 17 18 19 20 2.1 22 2 I 24 i I ,,r .a I DECLARATION OF SERVICE BY MAIL 2 I, the undersigned, declare: 3 That I am a citizen of the United States , over the age of 4 eighteen years, and not a party to the foregoing action; that my 5 business address is 279 Front Street, Danville, California. 6 That on December 17, 1986 , I served copies of 7 the within CLAIM FOR TOTAL AND COMPARATIVE EQUITABLE INDEMNITY 8 9 by placing them in the envelopes addressed as follows : 10 Clerk of the Board of Supervisors 11 Contra Costa County 651 Pine St. , Room 106 12 Martinez , CA 94553 13 Timothy J. Ryan, Esq. Gordon, DeFraga, Watrous & Pezzaglia 14 P.O. Box 630 Martinez , CA 94553 15 Daniel Rapaport 16 Nichols, Doi, Rapaport & Humphreys 421 Powell Street, Suite 225 17 San Francisco, CA 94102 18 Nancy J. Casale Tinning & DeLap 19 1211 Newell Ave. , Suite 200 P.O. Box 5246 20 Walnut Creek, CA 94596 which envelopes were sealed and deposited, postage prepaid, in the 21 United States mail at Danville, California; that there is regular 22 service between the place of deposit and each of the foregoing �3 addresses . 24 I declare under penalty of perjury that the foregoing is 25 true and correct. 26 Executed December 17, 1986 , at Danville, CA LAW OFFICES ESSEN,GAGEN&McMy A PROFESSIONAL CORPORATION 279 FRONT STREET *ynn D. Caluwe' DANVILLE.CA 94526 TEL.837-0585 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 13 , 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by.the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $200, 000 . 00 Section 913 and 915.4. Please note all CLAIMANT: JAMES C. JONES c/o Gregory M. Haynes DSC 2 19�b ATTORNEY: 703 Market Street , #609 Martirj-u, CA 945`;✓ San Francisco , CA 94103 Date received ADDRESS: BY DELIVERY TO CLERK ON December 19 , 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. IL gATCHELOR, Clerk DATED: December 22 , 1986 ��: Deputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (X) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: c� BY: �« ' L'lL�-Chi/ " County Counsel T , 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 13 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 14 1987 , BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator GREGORY M. HAYNES RECEIvro ATTORNEY AT LAW 03 MARKET T. 009 SAN'FRANCISCO, CALIFORNIA 84103 j]Er f? to TsrsrsONs (416) 646.8323 DEC V CLAIM AGAINST CONTRA COSTA C011::: O N NAME OF CLAIMANT : JAMES C . JONES ADDRESS : 556 6TH STREET, RICHMOND,CA ADDRESS TO WHIC H NOTICES ARE TO BE SENT: GREGORY M. HAYNES 703 MARKET STREET, SUITE 609 SAN FRANCISCO, CA 94103 ( 415 ) 546-9323 DATE OF INJURY : OCT. 2 , 1986 PLACE OF INJURY: NEAR 6TH AND MCDONALD STREETS IN RICHMOND AND AT THE COUNTY JAIL IN MARTINEZ GENERAL DESCRIPTION OF INJURY: CLAIMANT WAS ATTACKED AND WRONGFULLY ARRESTED BY TWO RICHMOND POLICE OFFICERS WITHOUT PROVOCATION. HE SUFFERED INJURIES TO HIS HEAD, LEG, RIGHT SHOULDER, NECK, AS WELL AS GREAT EMOTION DISTRESS . NOTWITHSTANDING HIS OBVIOUS NEED FOR IMMEDIATE MEDICAL ATTENTION , SUCH TREATMENT WAS DENIED HIM BY BOTH THE RICHMOND POLICE AS WELL AS THE AT THE MARTINEZ COUNTY JAIL . NAME OF PUBLIC EMPLOYEES CAUSING INJURY: THE NAME OF THE PUBLIC EMPLOYEESCAUSING SAID INJURIES IS NOT NOW KNOW N AMOUNT OF CLAIM: MEDICAL EXPENSES $ UNKNOWN WAGE LOSS $ -0 - GENERAL DAMAGES 200 00.00 TOTAL $20010 0.0 0 t: �Ot SINGED BY OR ON BEHALF OF CLAIMANT CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT J annuazy 13 , 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: $400 , 000. 00 Section 913 and 915.4. Please M>� aty muohwhI. CLAIMANT: LINDA HAMMES-VIELLS DEC 16 1986 c/o John A. Pettis ATTORNEY: Associates Professional Law Corporation Martinez, CA 94553 P. O. Box 2400 Date received ADDRESS: Martinez , CA 94553 BY DELIVERY TO CLERK ON December 12 , 1986 BY MAIL POSTMARKED: December 11 , 1986 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. December 15 , 1936 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: /�C� 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 ( This Claim is rejected in full. (, `) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. O l Dated: JAN 13 1987 PHIL BATCHELOR, Clerk, By �`�L 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 otice to Claimant, addressed to the claimant as shown above. Dated: JAN 14 1987. BY: PHIL BATCHELOR b �_ Y �, 0o y L��eputy Clerk CC: County Counsel County Administrator In the Matter of the Claim of LINDA HAMMES-WELLS, County CCurSel REt claimant, r. Dt C 19 6 8 against PE=A jZ, Martinez, CA 94553 CITY OF MARTINEZ, COUNTY Cl K OF CONTRA COSTA, STATE •y ... c� OF CALIFORNIA,' respondents. TO THE CITY OF MARTINEZ , COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA and their *ATTORNEYS OF RECORD: LINDA HAMMES-WELLS hereby makes claim against the CITY OF MARTINEZ , COUNTY OF CONTRA COSTA, and STATE OF CALIFORNIA, and makes the following statements in support of that claim: 1 . Claimant' s post office address is 242 Via E1 Dorado, Martinez, California 94553 . 2 . Notices concerning this claim should be sent to JOHN A. PETTIS & ASSOCIATES PROFESSIONAL LAW CORPORATION, P.O. Box 2400 , Martinez, California 94553 . 3 . The date and place of the occurrence giving rise to the claim were November 8 , 1986 at the Railroad Tunnel on the Santa Fe Railroad tracks, 29 ft. from the entrance, East Side, under Highway 4 , in the City of Martinez , County of Contra Costa, State of California. 4 . The circumstances giving rise to this claim are as follows: Claimant' s son, MICHAEL SCOTT TINDALL, Deceased, was walking through the tunnel, when a train approached and came through the tunnel, running over the decedent. 5 . Decedent ' s injuries were so severe as to cause immediate death. 6. Claimant' s claim for damages is $400, 000. 00. Dated: December 8 , 1986 JOHN A. PETTIS & ASSOCIATES PROFESSIONAL LAW CORPROATION By MICHAEL EDWARD COKE MICHAEL EDWARD COKE Attorneys for Claimant 2. v ' _ 1 PROOF OF SERVICE BY MAIL 2 I am a citizen of the United States and a resident of 3 ! Contra Costa County; I am over the age of eighteen years 4 and not a party to the within entitled action; my business 5 i address is 1830 Pacheco Blvd. , Martinez, California 94553. 6 On December 11 , 1986 I served the within CLAIM AGAINST 7 i PUBLIC ENTITY (Gov't Code §§905 , 905.2 , 910.21 ) on the 8 interested parties in said action, by placing a true copy i 9 thereof enclosed in a sealed envelope with postage thereon 10 i fully prepaid, in the United States Post Office mail at I! 11 i f Martinez, California , addressed as follows : 12 Contra Costa County Counsel, 651 Pine Street, Martinez, CA 94553 13 i Martinez City Attorney, 525 Henrietta Street, Martinez 14 CA 94553 15 Department of Justice, Civil Division, Room 6000 , i 350 McAllister Street, San Francisco, CA 94102 16 i I 17 I declare under penalty of perjury that the foregoing ` ! 18 is true and correct , and that this document was executed I i 19 on December 11 , 1986 at Martinez , California. I 20 WHANHA L EVANS 21 j ! Yohanna L. Evans 22 ! i 23 24 25 I 26 27 i 28 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 13 , 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 C eV. szl Amount: $30, 000- 00 Section 913 and 915.4. Please note all sx. CLAIMANT: BRITT CHASSEY ET ALc/o ar ATTORNEY: 1320r1WillowePasstten Road, #400 �urr,( C .., GA Concord, CA 94520 Date received ADDRESS: BY DELIVERY TO CLERK ON December 19 , 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 22 1986 PpHHIL BATCHELOR, Clerk DATED: BY: )�_ k.(X lei_� 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 910.6). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated / �-�:�� �j ,, /`�`� BY: ��`—'L L7�.Cf.C�,lf Deputy County Counsel v III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By 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 13 1987 PHIL BATCHELOR, Clerk, By �C Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 16; 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 14 1987 BY: PHIL BATCHELOR byuty Clerk iz—_. CC: County Counsel County Administrator CLAIM f0: BOARD OF. SUPERVISORS OF CONTRA CO§*rrJWapplication to: =' Instructions to ClaimantC!erk of the Board &6 Pn Q 5,�./ A,/0 6 Martinez,California 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the -cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by )ReserFk �� � 'ng stamps BRITT CHASSEY, GREG CLARKE ' IVED W Against the COUNTY OF CONTRA COSTA) �� y 8�plyor DISTRICT) "���0� (Filln name ) +b The undersigned claimantshereby makes' claim against the County of Contra Costa or the above-named District in the sum of $ 30 .000.00 and in support of this claim represents as follows: �. When did the damage or injury occur? (Give exact date and hour] September 13 , 1986 at approximately 2 :00 a.m. �. W�iere did tfie damage or in3ury occur? (Include city and county) Sheraton Hotel , 45 John Glenn Drive, Concord, CA Contra Costa County 3. How did the damage or injury occur? (Give �uii-details, use extra sheets if required) At said time and place, claimants were patronizing Sheraton Hotel when two off-duty officers of the Contra Costa County Sheriff ' s office began harassing, threatening, and using fighting words towards claimants . An altercation ensued between claimants and the officers in which the officers were the instigators . 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Off-duty officers of the Contra Costa County Sheriff ' s Department initiated an unprovoked fight with claimants in which both claimants were seriously injured. (over) 5..) What are the names of county or district officers, servants or' employees .c>ausing the damage or injury? Andre W. Charles and Chris J. Wenzel 6. What damage or injuries do you claim resulted? Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Both claimants suffered physical injuries to their face and neck, abrasions to their chest and arms ------------------------------------------------------------------------- . How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) General damages for pain and suffering Punitive damages for outrageous conduct ------------------------------------------------------------------------- 6. Names and addresses of witnesses, doctors and hospitals. Merrithew Memorial Hospital ' 2500 Alhambra Avenue Martinez , CA 94553 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 Law Office of Maryanne Britten Claimant's Signature 1320 Willow Pass Road , Suite 400 1449 Fieldcrest Circle Concord , California 94520 Address Pleasant Hill , CA 94523 Telephone No. 825-9448 Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud., presents for all-owance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " ' CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT January 13 , 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 Amount: Unspecified Section 913 and 915.4. Please note all -k"kgsx. CLAIMANT: MARGARET ST. CLAIR 2 198 c/o Frederick D. Schwarz CrA ATTORNEY: Hardin, Cook, Loper, Engel & Bergez Lake Merritt Plaza Date received ADDRESS: 1999 Harrison St . , 18th Fl . BY DELIVERY TO CLERK ON December 15 , 1986 Oakland, CA 94612-3508 BY MAIL POSTMARKED: December 12 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. December 22 , 1986 eeHHIL BATCHELOR, Clerk DATED: BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (x) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: r r/Dated: 7��- ��J� BYE t�%.G� C'-l�//C DE�uXy 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 (N This Claim is rejected in full. (/ )\ Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. JAN 13 1987 0 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 14 1987 BY: PHIL BATCHELOR by puty Clerk CC: County Counsel County Administrator 1 FREDERICK D. SCHWARZ RECE111M HARDIN, COOK, LOPER, ENGEL & BERGEZ 2 Lake Merritt Plaza 1999 Harrison Street, Eighteenth Floor 3 Oakland, CA 94612-3508 g86 (415) 444-3131 [:: 4Attorneys for Claimant 5 MARGARET ST. CLAIR 6 TO: BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 7 CLAIM FOR COMPARATIVE INDEMNITY 8 MARGARET ST. CLAIR hereby makes claim against the COUNTY OF 9 CONTRA COSTA for comparative indemnity for the sums set forth 10 in the attached claim of MEGAN MOSCARELLI, a minor by her 11 Guardian ad Litem, CHERI SNYDER. 12 1 . Claimant' s Post Office address is Star Route, 13 Manchester, California 95459 . 14 2 . Claimant is represented by attorneys HARDIN, COOK, 15 LOPER ENGEL & BERGEZ , Lake Merritt Plaza, 1999 Harrison Street, 16 Eighteenth Floor, Oakland, California 94612-3508 . 17 3 . This claim is based on a automobile accident that 18 occurred on Monte Verde Drive, El Sobrante, California, on or 19 about April 22 , 1986 , as a result of alleged dangerous condi- 20 tions existing thereon. 21 4 . The County of Contra Costa is responsible for compa- 22 rative indemnity for all damages claimed by MEGAN MOSCARELLI, a 23 minor by her Guardian ad Litem, CHERI SNYDER as set forth in 24 the attached claims. 25 5. The names of the public employees causing the 26 claimant' s damages are unknown at this time. 27 LAW OFFICES OF 28 HARDIN,COON,LOPER, ENGEL E BERGEZ 2300 ORDWAY BUILDING ONE KAISER PLAZA OAKLAND.CA 94612.3686 AREA CODE 4I$•444.3131 CABLE: HARDIN 1 6 . Claimant' s claim as of this date is for the amounts 2 set forth in the attahced claim of MEGAN MOSCARELLI, a minor by her Guardian ad Litem, CHERI SNYDER. 4 7 . Claimant was served with the complaint and cross- 5 complaint within 100 days of the service of this claim. 6 DATE: November ZL , 1986 HARD Iit7, COOK, LOPER, EL & BERGEZ EDERICK D. SCHWARZ 10 Attorneys for Claimant 11 MARGARET ST. CLAIR 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 LAW OFFICES OF 28 HARDIN. COOK, LOPER, ENGEL A BERGEZ LAKE MERRITT PLAZA 1999 HARRIS STREET EIGHTEENTH FLOOR OAKLAND.CA 948123306 IA 15)4443131 TELECOPIER:(415)639-7940 I PROOF OF SERVICE BY MAIL 2 I am a resident of Alameda County and over the age of 3 eighteen years. I am not a party to the within action. My 4 business address is c/o Hardin, Cook, Loper , Engel & Bergez, Lake 5 Merritt Plaza, 1999 Harrison Street, Eighteenth Floor , Oakland, 6 California 94612-3508 . 7 On December 12, 1986 I served the within CLAIM FOR 8 COMPARATIVE INDEMNITY on the counsel in this action by placing a 9 true and correct copy thereof in sealed envelopes, with postage 10 thereon fully prepaid in the United States Postal Service mailbox 11 at Oakland, California, addressed as follows: 12 13 BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA 14 651 Pine Street , Room 106 Martinez California 94553 15 I declare under penalty of perjury that the foregoing 16 is true and correct . 17 Executed on December 12 , 1986 at Oakland, California. 18 19 V JANET JOHN 20 P-Moscarel/jj 21 22 23 24 25 26 27 LAW OFFICES OF 28 HARDIN. COOK, LOPER. ENGEL & BERGEX LAKE MERRITT PLAZA 1999 FIARR11 STREET FJGMTEENTN FLOOR OAKLAND,CA 94612-3508 1415)4443131 TELECOPIER:(415)839-7940 � w CLAIM BOARD' OF SUPRVISORS 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 13 , 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' CLAIMANT: ESTHER SELTZER Cr�Un�� LG c/o Gene C. Goldman p �. �' 19gb ATTORNEY: Ghiglia* & Goldman Attorneys at Law Date received December �1rt`f§86�''�' t.., ADDRESS: 18075 Ventura Blvd. #213 BY DELIVERY TO CLERK ON Encino, CA 91316 BY MAIL POSTMARKED: December 14, 1986 - Certified #P 193 287 452 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL BgATCHELOR, Clerk DATED: December 22 , 1986 ��; Deputy 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: L; � BY: C./C 41t-C`--1"-1/C- ---6eputy County Counsel V III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: r I certify that this is a true and correct copy of the Board's der entered in its minutes for this date. Jc� '7 Dated: AN 1 3 1a�r 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 1 4 BY: PHIL BATCHELOR by Deputy Clerk CC; County Counsel County Administrator GHIGLIX & GOLDMAN Attorneys at Law 'A Professional Corporation 18075 Ventura Boulevard / Suite 213 / Encino, California 91316 / (818) 705-2855 December 11, 1986 Via Certified P 193 287 452 Certified Return Receipt Requested Clerk of the Board Contra Costa County"' 651 Pine Street, Room 106 :EEIVE VE � Martinez , California 94553 RE: My Client Esther Seltzer 190Date of Loss : September 8, 1986 Location Woodland Office Park 3000 Citrus Walnut Creek, California Dear Gentlepersons: This office represents Esther Seltzer in regard to injuries and damages she sustained when she tripped and fell at the above location. However by this letter, this office is hereby making a formal claim for the injuries and damages Mrs. Seltzer sustained. Below are the pertinent facts to provide you with enough information to investigate this claim: CLIENT'S NAME Esther Seltzer DATE OF INJURY September 8 , 1986 LOCATION Woodland Office Park 3000 Citrus Walnut Creek, California TIME OF INJURY Noon ADDRESS OF CLAIMANT: 7130 Fulton Avenue North Hollywood, California 91605 NAME OF PERSON TO BE NOTIFIED OF ANY ACTION TAKEN: Gene C. Goldman at the above address NATURE OF EXTENT OF INJURY: Bruises, sprains, strains, abrasions, bruised chin, chipped tooth, broken nose, injury to left elbow, injury to left knee, injury to ribs and hands. This accident occurred when our client tripped and fell over part of a sidewalk that was at a different level then the surrounding sidewalk. Our client went down quite hard sustaining injuries as stated above. However, the amount of claim is unknown at this time as are the amount of our client' s medical bills. Treatment continuing. Page 2 of 2 December 11, 1986 RE: ESTHER SELTZER As to witnesses, none known at this time as to the actual fall. There were several family members who observed the severe injuries to our client subsequent to the fall. Should you need to discuss this matter or need any further information, please feel free to contact me. Thank you for your attention to this matter. Very truly yours, GHIGLIA & GOLDMAN GE1E �C. GOkDMAN Attorney for Claimant, Esther Seltzer GCG:hcl 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 13 , 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: $50, 000 Section 913 and 915.4. Please note all "COUIlSel �$7191T� CLAIMANT: VIRGIL COX D t C 2 11986 c/o Gail A. Fritschle ATTORNEY: 935 Moraga Road, Ste. 101 Martine'. CA `�`}'' `'`' Lafayette, CA 94549 Date received ADDRESS: BY DELIVERY TO CLERK ON December 17 , 1986 BY MAIL POSTMARKED: December 16 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL BATCHELOR, Clerk cn DATED: December 22 , 1986 �a: Deputy Y164— L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors V) 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 (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 13 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 14 P98 BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator I GAIL A. FRITSCHLE Attorney at Law 2 935 Moraga Road, Suite 101 R 'VEDECE Lafayette, Ca 94549 3 4 Telephone : ( 415 ) 284-5800 DEC i9Bs 5 Attorney for Claimant o VIRGIL COX 6 8 CLAIM AGAINST A PUBLIC ENTITY 9 10 VIRGIL COX, 11 Claimant , 12 Vs . 13 MERRITHEW MEMORIAL HOSPITAL, BLACK AND WHITE COMPANY and 14 DOES 1 through 100, 15 Defendants . 16 17 Claimant , VIRGIL COX, by and through his attorney, 18 GAIL A. FRITSCHLE, does hereby present this claim to MERRITHEW 19 MEMORIAL HOSPITAL pursuant to § 910 of the California 20 Government Code . 21 1 . The name and address of claimant is as follows : 22 VIRGIL COX 3401 Hillsborough Dr. #19 23 Concord, CA 94520 24 25 2 . The post office address to which claimant 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 1 3 . On or about October 17 , 1986, VIRGIL COX received 2 personal injuries as a result of the negligence in the treatment 3 and care .-rendered to VIRGIL COX by the staff of MERRITHEW 4 MEMORIAL HOSPITAL while VIRGIL COX was a patient in that 5 institution. As a result of the negligence of the staff, 6 plaintiff became disoriented and fell from his bed striking his 7 head on the I .V. pole and landing on the floor with injuries to 8 his head, neck and back. 9 4 . So far as it is known to claimant and to his 10 attorney at the date of the filing of this claim, claimant has 11 incurred damages in the amount of $50, 000 due to the injuries 12 sustained to his body as a result of this incident . 13 5 . Said injuries and damages sustained by claimant 14 were the result of the gross negligence of DOES 1 through 10 , 15 agents of MERRITHEW MEMORIAL HOSPITAL, in their failure to 16 provide adequate care and treatment for VIRGIL COX who was a 17 patient in said hosipital. 18 6. At the time of the presentation of this claim, 19 claimant claims damage in the amount of $50 , 000. 20 21 Dated: /� 1986 22 23 GA A. FRIT CH E 24 Attorney for Claimant Virgil Cox 25 26 27 28 1 CASE NAME: VIRGIL COX, Claimant v. MERRITHEW MEMORIAL HOSPITAL, ET AL, Defendants 2 CASE NO: 3 4 5 PROOF OF SERVICE BY MAIL 6 [C.C.P. §S 10103(a) , 2015. 3] 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 Moraga Road, Suite 101, Lafayette, California, 94549. 9 10 On December 15 , 1986 I served the within copy ll (or copies ) of: CLAIM AGAINST A PUBLIC ENTITY 12 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 County of Contra Costa 19 651 Pine Street 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 ANITA L. WARD 28 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 13 , 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". LEONARD CANCIAMT ILLA County COunsc' CLAIMANT: STATE FARM INSURANCE COMPANIES Claim # 05 1242 124 c td Robin Huffman DEC 2 1' 1986 ATTORNEY: 333 Civic Drive y ar�ired, CA off Taylor Boulevard Date received MM ADDRESS: Pleasant Hill , CA 94523 BY DELIVERY TO CLERK ON December l . 1986 BY MAIL POSTMARKED: December 16 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a.copy of the above-noted claim. IL gATCHELOR, Clerk DwrED: December 22 , 1986 �d: Deputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (� This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: f BY: }�C ��� �-�'- t-fC-�8e�uty County Counsel V II1. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By 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 3 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 14 1987 BY: PHIL BATCHELOR by /y ``� Puty Clerk CC: County Counsel County Administrator - , STATE FARM INSURANCE. State Farm Insurance Companies 333 Civic Drive "off Taylor Boulevard" Pleasant Hill,California 94523 December 16, 1986 Mail: P.O. Box 4011 Concord, California 94524 Phone: 687-7600 CLERK BOARD OF SUPERVISORS 651 Pine Street, Room 106 Martinez, California 94553 RECEIVED RE: YOUR DRIVER John Embrey DEC 1119% VEHICLE LICENSE #: E710497 CA VEHICLE INVOLVED : 78 Dodge pick up OUR INSURED : Leonard Canciamilla , OUR CLAIM NUMBER : 05 1242 124 DATE OF ACCIDENT : 11/25/86 Gentlemen: This is pertaining to an automobile accident involving one of your county vehicles which occurred on November 25, 1986, at 5:15 pm on Walnut Boulevard in Brentwood, California. As mentioned above Mr. John Embrey was operating your vehicle at the time of the accident. We hereby put you on notice of a potential claim for property damage and personal injury resulting from the above captioned accident. Would you kindly forward your forms to this office in the envelope provided so that we may complete them and return them as soon as possible. I have attached a copy of the police report for your convenience. Very truly yours, ��HU`F"FMN/ff7X Sr. Claim Representative State Farm Mutual Automobile Ins. Co. RH/do G A19 Enclosure: Copy of police report State Farm Mutual Automobile Insurance Company State Farm Life Insurance Company State Farm Fire and Casualty Company HOME OFFICES: BLOOMINGTON, ILLINOIS 61 701 arArt or cAurowNlX � �%`. TRAFFIC COLLISION REPORT ' ` ` `�`� FAGS I D, '7 _ S►E CIS AL CON01:00N6-- No.INJUwt O� N Q R CITY JUDICIAL DISTRICT MVMRan '2 T (.. 1 1 i A,, • NO. KILLED M d R COUNTY RE-oRTING DISTRICT &EAT 1 ' COLLISION OCCURRED ON MO. DAY Yw, TIMI (1W1) -CIC MUMSER O/-ICER 1.0. , .............. -------------- ------------------------ MILEPOST INFORMATION INJURT,FATAL OR TOW AWAY STATS NIGNWAY RELATED (j FEET Or MILE►OST G YES �NO i �YES IPJ NO J i✓ AT,NTER{i�CT10M MITN rr�� * j ^ J{rNOTOORAAPHS (� ow: C J rttTl�AS f`1 LJj►�'1�•. or r OI J7 1� P4 COS, 1'^. l-1rM�\Lr I U res i..�J ND PARTY -AMS (,..ST. MIDDLS.LAST( OWNaR'S NAME L SAME AS DRIVER I Z,. )SL�'!; L01\�l �i�+� C>J. �C.= j� ',.i� L f�. LF-01'ji i';""� ?an�T :Nti`1=t.-L DRIVaw STREET ADDRESS NOMa ►NONE OWNf:R'1 ADDRESS SAME AS DRIVER X 2Y r��K � J ►t DSS- CITY/STATE/SIP EUfINE$f-NONE DIS-OSITION Or VEH. ON ORDERS Or Tw1AN _ _ _ _ 1 ` r---1� �� j j� �j—f-'ar" b-=V�Iv -�Ori1CtR L owwaw G oTNtw -ARNeD DRIVER S LICENSE NUMaaR STATE "IRT.DA Tt faX RACC DIRECTION or10N//-CWC�S`(����� oR NIGNw^,) SO ED LIMIT VEN. O. DAY YR. T VEL C GS�1 a Lo'')°) C R �, ;�` �1 F Ic to N U E'F ./E. �{S ■Icy• VeN. Yw(fi MAR (S)/MODSL(SI/COLOw(S{ LICENSE NO.(fl STATE(Sl GNP USE VENICLE DAMA%X-tXTSNT/LOCATION CLIST A t- ONLY �yS1 !-� R I' .a�r., CKvT ? 1�`t Ll ONLY Cp VENICLE TY M1NOR MODERATE MAJOR TOTAL OTNsw ` l PARTY NAME (r INST,MIODta,LAST) IowNEw's RAMa SAME AS DRIVEN z `Jam , C Coil f DRIVER STREET ADDRESS NOME -NONE 1-7 WE AODREfs SAME AS DRIVER � c' ..i � C.1~,�•,!��` � h� ��r �� � - G:IL: L f-lvl:. CZO-5 NI}�ILT=�.��� ��, PSDES- CITY/{TATE/IIP tUSINEss►MONe i Dtf POSITION Or -EH. ION ORDERS OF i ! TRIAN ~Ll ^ ll �r E� J^wir \\ `\ !� ��•+� 1 ,�4• ``'K.`�IP} �\ �- ^ - �� OrFIC6w {,fes ORIV eN L-•I OTHER ►ARNEO OwIVEw•S LICE-$E NUMfEw I STATEEIRTN DATE SEX J.AC. jOfffE-rIOmQpjO-^0lMMMS(SIRISWIT OR NIDN wAY) SPEED LIMIT VEN. MO. DAY Yw. TRAVEL I � EIcv- VEN,YR(f) MARK(III/MOOEL(S)/COLOR($) LICENSE NO.(f) STATE({) CNP USE VeNICLE DAMAGE-EXTENT/LOCATION CLIfT �I _ (^ �1 L. '. r��� .��. - I �.. .�.� V•. r,1 , ICL6 L� U 01 YEN TY !MINOR OPERATE MAlON TOTAL OTHER I— / r T. �E PARTY NAMEj,,wsT.MIDDLE.LAST) OWNSR'S NAME ssAMS As ORIVaR 3 i DRIVER STREET ADDRSSS NOME ■NOME OWNRw'S ADDRESS $AMa AS DRIvaR 1 -s OEs- CITY/STATS/21- EVSINEt/S PHONE IOISFOSITION OF VIC". I ON ORDERS OR TNtAM I1 J OFFICER �DRIVER OTNaR ►AWNED ORIVER'f LICENSE NUMEaR STATE ■IRTN DAT! taX RACE DIRECTION 0/ ON/ACROst(SYNC CT OR NIDN WAY) fPaED LIMIT vaN MO. DAY YR, TwAVaL I SIC-- Iva., YR(f) MA.E(f I/MOOEL(s)/COLOR(Sj LICENSE NO.(s) STATa(s) CNr USC VENICLS OAMADa-EXTENT/LOCATION CLIfT ONLY !�•�� VEN,CLE TY ❑MINow L,-1 MOoaw ATa MAJOR ❑TOTAL OTHSw • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NM- PARTY NAMa (FIRST,MIDDLE,LAST) OWNaR•s NAME SAME AS DRIVER 4 DRIVEN STREET ADDRESS NOME PHONE OWNER'S ADDRESS 1 SAME AS DNIVtR •t OE S- CITY/STATKIZIP EVSINefs PHONE DISPOSITION Or vaN. SON ORDERS OI TRIAN _ ._or►IcaR Dolvaw OTHER PARrso DRIVER'S LICa Nfa NUMtaw STATE BIRTHDATE faX JSAGE OIRa CYIONOr ONIACROSS(STREET OR HIONMAY) /TEED LIMIT vaH MO. DAY Ya,. TRAvaL a,cY- va H. rR(S) MARa(Sj/MODEL({)/CDLOw(Sj LICENSE NO.(Sl {TATE({) CNP USE VEHICLS DAMJ1Ga-SXTRNT)LOCATION Cu sT ' ONLY ^ • VENICLE TT 1 $MINOR E MODENATa ❑ MAJOa [I TOTAL -7;-.'a. CHP 555=page 1 (Rev 8.84) OPI 042 TRAFFIC COLLISION CODING FAGS Z DAT{ OF COLLISION (TIME (3.001 MGIC NV ■Ew OIFICtw I.D. rues.Z 1 ro. '' DAv � •w. Q ~� L LJ PROPERTY DAMAGE DEfcwl wTlON OI DAMAGE OWMKR'S NAMEtAODRESS MOTHISO Va. L7 No VIOLATIONIS) FARTT 1 jjPAmTy 2 IP41ITY 11 IFARTY A CHARGED I ' PRIMARY COLLISION FACTOR TRAFFIC CONTROL OEV ICES 1 2 1 3 1 A I !YPE OF VEHICLE 1 2 3 ( A MOVEMENT PRECEDING (LIST NUM[ER(i)0I PARTY AT IAUIT) IA CONTROLS IVNCTIONING i ,A PA sf■NG[R CAE/ITA. ON COLLISION i A SECTION .10L..T[D: !B CONTRDLf NOT FUNCTIONING. I B PASSENGER CAR wA1L[R A sTOPPLD �C CONTROLS O[scunco. (C MOTORCY CLL/ OOT[R iB PROCEEDING STRAIGHT R B OT.[. —ROPER DRIVING' v/�!C)CONTROLS NOT PRt{ENTfP ACTOR D PICKUP OAF Cl TRYCK C MAN OP w ROAD - E PICKUP/►w L TEN W/TRLM D MA NINa EIGHT T�wN C CTHER THAN DRIVER• TYPE OF COLLISION i F TRUCK O TRUCK I... To. ;E MAKING LLPT TURN IC)t'...a..• 'A HEAD-ON i G TRK:TRK NACTO- W/TRLR F MAKING V TVEN i WEATHER ( MARK I TC 21T[MSI �B SIDEswIPw I H SCNOO&/{VS i I G Ow CKINa x'YI A CLEAR 'C ALAR END - 1 OT.a EUs M SLO wIMa-110PAINa IS CIOUDV x D [IOADSIDE 1 'J EMEwa ENC•VEHICLE i ; I PASSING OTHER YENICLE C RAINING 'E HIT O[Jl CT K HW CONST.1IGUI►MENT J CHANGING LANES D s.owlwa 'F OVtwTVANLO ;L IS _CLE K -AMKING YA.9UV4. i E POG •G VEHICLE)�►EDEfTR1AN TH[M VEHICL[ L [NTLMINa TRAFFIC i F oTH{w•: iH OT.{R': 4 iN FLDESTEIAM I M OTHER UNSAFE TVRMINC- i .G WIND ;O rOPED IN %LNG INTO OPPOSING LANfI LIGHTING MOTOR VEHICLE INVOLVED WITH ( 10 -­KO A DAYLIG.T :A NON-COLLISION ' 1 j 2 i 's I OTHER ASSOCIATED FACTOR I IF MERGING B DUSK—OiRSw.l IB •a..sTPIAN I I I (YARK 1 To I ITEMS) a TRAVELING WRONG WAY �C O.w STRLLT LIGHTS C OTH[R MOTOR VEHICLE A VC SECTION VIOLATION: i in OTNw R': ,ID 0--0 STREET LIGHTS D MOTOR Va.. ON OTHER ROADWAY STREET LIGHTS NOT E PARKED MOTOR VEHICLE , E VC SECTION VIOLATION: I E DARK— i. Z •, FUNCTIONING• F 'G &.CTCIE C VC SECTION VIOLATION: ROADWAY SURFACE H ANIMAL: 1 2 7 A SOBRIETY—DRUG— :)('A OR,, ( 10 VC SECTION VIOLATION: I ( PHYSICAL ..EDI B W[T I FIKED OEJ{CT: I (HANK 1 TO I ITEMS) C SNOWT—ICY i � E VISION Oi SGU R[r EN Tf: � 'A MAD NOT[ELN DRINKING 1 D SLIPFLRV (MUDDY. OILY,ETC.). I J OTHER DEJECT: B n[o—VNOLM IMPLUENCE IF IMATTLNTIOM I C HDD—NOT UNDER INFLU.'', ROADWAY CONDITIONS .G STD►A GO TMAFIIC D H8D—IMPA1Rr6NT U...•' ' (MARK I TO J ITSMs) PEDESTRIAN'S ACTION 'H [.TERING/LEAVING RAMF E UNOtw DRUG INFLVKNCC• A HOLES,DEEP RUTS' A NO P[OESTRIAN INVOLVED I -we V IOUs cOLLISION F IMPAIRMENT—PNTSICAL' B LOOSE MATERIAL O. ROADWAY' CR OS SIN', IN CROs/WALK J UNIAMILIAR WITH ROAD G IMPAIRM[NT MOT KNOWN i B C DESTRUCTION O. ROwDWAY' AT INTER it CT10N X K OQ/t CTIVE VLM.[GULP,: I H NOT AIILICA[Lt i D CONSTRUCTION-MEIAIM SON[ C CROSSING IN CROSSWALK—NOT /1 vt(,k) SSy L,. 1 fILLPY/FAT/aU[D E REDUCED ROADWAY WIDTH I AT INTER it CTION L —INVOLVED VEHICLE F FLOODED' D CROSSING- NOT IN CROSSWALK M OTNEw•- 1 2 3 ASPECIAL INFORMATION G OTH{R': E IN ROA O—INCLVOLf[MOULDER N.DML APIARL NT A NA2AR000S MATERIALS• !�1 H .O ..USUAL CONDITI NS 1P NOT IN ROAD ; Q RUNAWAY V6HIC L[ B FIRE INVOLVgo- :G D•:G AFPROACHING/LEAVING SCHOOL -SC TIRE DLI[CT/IA.LU.9' 44-4 1 iSKETCH MISCELLANEOUS I /S INDICATE C.-wT(LA C_csa, I� Phi T L0C o {LAT zic� � *I t k-' 1`` w ICZSTA E'�?I*W, PHYSICAL DESCRIPTION OF PARTY WA�IJ�lT �— NUMEtw HAIR [Y[f Mc..HT WEIGHT ' AL - vt PREIARER'S NAME ' 1.0.MUM[Lw 1 MO. OA• YR. .EVIL WEN'S NA ! I ;` OA• TR. 1 I C I C f1 c.C W_ c.c- P G I b�I 11 Z.C" !c CHP 555—Page 2(Rev 12-64! OPI 042 I *Explain in narratic'e STATS O► C-L.00—IA 4NJURED/WITNESSES/PASSENGEF%- , ? 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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 , 709 , 011 . 03 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: DONALD EDWARD GATES, A MINOR, BY AND THROUGH HIS GUARDIAN AD LITEM, FRANCES RUTH GATES ATTORNEY: c/o Henry Lerner, Judith A. Cohen, Stein & Lubin 615 Battery St . , 6th Floor Date received ADDRESS: San Francisco, CA 94111 BY DELIVERY TO CLERK ON December 19, 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 22 , 1986 JqIL �eputyLOR, Clerk L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (�) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: DatedC /7 E�2 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 (�) 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 13 1987 PHIL BATCHELOR, Clerk, By. V� 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 14 1987 BY: PHIL BATCHELOR by � � eputy Clerk CC: County Counsel County Administrator I PG2 s 0.2' , 12 . 18 . 8 1 HENRY LERNER JUDITH A. COHEN 2 STEIN & LUBIN AJ 615 Battery Street, 6th Floor 3 San Francisco, CA 94111 RECEIVED Telephone: (415) 981-0550 4 Attorneys for Claimant DEC 19,1986 5 6 r so O MORS u comfy 7 In the Matter of the Claim of: ) 8 DONALD EDWARD GATES , a minor , ) by and through his Guardian ) 9 ad Litem, FRANCES RUTH GATES , ) 10 Claimant, ) CLAIM FOR PERSONAL INJURY 11 vs : ) COUNTY OF CONTRA COSTA ) 12 COUNTY OF CONTRA COSTA. } 13 14 TO: THE COUNTY OF CONTRA COSTA 15 Board of Supervisors 651 Pine Street, Room 106 16 Martinez , CA 94553 17 Donald Edward Gates, a minor, by and through his 18 Guardian ad Litem, Frances Ruth Gates, hereby makes a claim 19 against the County of Contra Costa for the sum of 20 $2 ,709 , 011 . 03 and makes the following statements in support of 21 that claim: 22 1 . Claimant ' s post office address is 3214 Rohrer 23 Drive, Lafayette, California 94549 . 24 2 . Notices concerning the claim should be sent to 25 Claimant ' s attorneys, Henry Lerner, Judith A. Cohen, Stein & 26 Lubin, 615 Battery, 6th Floor, San Francisco, California 27 94111 . 28 1 1 3 . The incident giving rise to this claim occurred 2 on September 12 , 1986 , on Rheem Boulevard, near the inter- 3 section of Fernwood Drive, in the City of Moraga, County of 4 Contra Costa, State of California. 5 4 . On September 12, 1986, at- approximately 6 10 :51 p.m. , Mr. Gates was driving eastbound on Rheem 7 Boulevard. The east and westbound lanes &f 'Rheem Boulevard 8 were in a dangerous condition at that time because, among 9 other things , the roadway was physically marred, rough and 10 broken, was inadequately lighted, and was not equipped with 11 guardrails or other safety embankments on or near the 12 shoulders . The dangerous condition of the roadway was caused 13 by the negligent failure of the County of Contra Costa to 14 properly maintain, inspect and repair the roadway. Due to the 15 dangerous condition of, the roadway, Mr. Gates ' automobile 16 skidded on the roadway and down an embankment, causing Mr. 17 Gates and others serious injuries. 18 5 . Mr. Gates ' injuries resulting from the incident 19 include the following: Mr. Gates ' right arm was crushed by 20 the impact of the . collision and he required hospitalization 21 from September 12, 1986 , until September 24 , 1986, including 22 treatment for the crushed arm and other flesh wounds, and 23 dental treatment to reconstruct portions of h�s teeth and 24 bite, as well ,as treatment for severe trauma. As an ultimate 25 result of the incident, Mr. Gates has been left with little 26 sensation or mobility in his right arm and hand, and is unable 27 28 2 I to use his right hand, and he has required two major surgery 2 operations , and will require ongoing medical attention to his 3 right arm' and hand. 4 6 . The names of the public employees causing Mr. 5 Gates ' injuries are unknown. 6 7. Mr. Gates ' claim as of the date of this claim 7 is $2, 709 , 011 . 03 . 8 8. The basis of computation of the above amount is 9 as follows : 10 Approximate medical expenses incurred to date $ 9 ,011 .03 11 Estimated future medical expenses 200 , 000. 00 Loss of wages 500,000. 00 12 General damages 2, 000, 000. 00 13 Total $2 , 709,011 . 03 14 Dated: December 18 , 1986 15 STEIN & LUBIN 16 17 By Jud!_tU A. Cohen 18 Attorneys for Claimant Donald Edward Gates 19 20 21 22 23 24 25 26 27 28 3 CLAIM BO.^.RD 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 13 , 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 overnmen Code Amount: $10, 000 Section 913 and 915.4. Please note allkgarni gs�GLF1SCl CLAIMANT: E . MARIE PYLE & RAYMON 'Z. PYLE DE 0 2 1' 1986 c/o Robert J. Athey 'v^.amine_, CA 045;2 ATTORNEY: Ring, Athey, Hanson & Lane, Inc . P. O. Box 97 ADDRESS: Walnut Creek, CA .94596 Per Board action of December 16 , 1986 granting Application tor cause o action based on Breach of Contract . I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. December 22 1986 �aIl �ATCHELOR, Clerk DATED: eputy L. Hall I1. FROM: County Counsel — vn Cler of the B anof uper,�isort 6 �(h � d 0!!!���j ��.(1:. c . (�( ) This claiTicomplies substantially with Sections 910 and 91 ( ) 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: 4—L'L.L( C( t. %` ;/By-- Y/Xh-*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 XThis Claim is rejected in full. ( )) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. JAN 13 1987 �. .Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney ;of your choice in connection with this matter. If you -want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that, I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JAN 14 egg' BY: PHIL BATCHELOR bDeputy Clerk CC: County Counsel County Administrator CE ED 8 P BAT R ER AR P NAR V l.................. CLAIM AGAINST PUBLIC ENTITY EEEI TO: County of Contra Costa Board of Supervisors and Clerk thereof: �Y E. MARIE PLYLE and RAYMON L. PYLE hereby make claim against the County of Contra Costa for the sum of Ten Thousand Dollars ($10 , 000) and make the following statement in support of the claim: 1 . Claimants ' post office address is: 409 W. Dryden, #D Glendale, CA 91202 2. Notices concerning the claim should be sent to: r' r ROBERT J. ATHEY RING, ATHEY, HANSON & LANE, INC. P. O. Box 97 Walnut Creek, CA 94596 3. The date and place of the transaction giving rise to this claim are: February 20 , 1986 Moraga , CA 4. The circumstances giving rise to this claim are as follows: i• (a) On or about July 30, 1984 Claimants purchased a condominium unit in the City of Martinez , County of Contra Costa. Said purchase was financed under the County' s 1983 Series A Home Mortgage Finance Program and was given Loan No. 30304 . 6 . The documents Claimants signed were negligently prepared and were ambiguous and unclear , and did not accurately inform Claimants as to a prepayment penalty clause therein; (b) On or about February 20 , 1986 Claimants resold said. unit and were compelled to pay a prepayment penalty of Thirty Five Hundred Dollars ($3,500) ; (c) Claimants contend that because of the negligent preparation of said documents, and under the terms of Civil Code Section 2954. 10 , no prepayment penalty should have been imposed. 5. Claimants have been damaged in the sum of Thirty Five Hundred Dollars ($3 , 500) being the amount of said penalty they paid, plus additional sums for interest thereon, loss of use of said fund's preventing repurchase of another residence in the area to which they have moved, and other consequential damages, all of which sums Claimants estimate to be about Sixty Five Hundred Dollars ($6, 500) ; 6. Claimants' claim therefore as of this date is Ten Thousand Dollars ($10, 000) ; 2 L 7. The organizations involved on behalf of the County in this transaction are : (a) City Bond and Mortgage Corp. (b) Investor ' s Mortgage Service Co. (c) Security Pacific National Bank Dated: August , 1986. R?AneVoyo-r ON & LANE, INC. B imants 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 Januar 13,, 1?87 anc' Board Action. All Section references are to ) The copy of this document mailed to you is yo notice o California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Codg,\ Amount: $1 , 000, 000. 00 Section 913 and 915.4. Please note all OWa�R;nrJsIZJ: n G CLAIMANT: IRENE WRIGHT ab c/o Fredric L. Webster QtC 1 4r, ATTORNEY: Attorneys at Law G ' 3846 Railroad Ave . Date received ADDRESS: Pittsburg, CA 94565 BY DELIVERY TO CLERK ON December 1�, 1986 hand del . BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: December 22 , 1986 JaIL Bep�tyLOR, Clerk L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (X This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated:M "� ' Y F,1 BY: ��� County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By 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. JAN 13 1987 _ Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you-want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. JAN 14 1987 Dated: BY: PHIL BATCHELOR byX�r/Z_—­Deputy Clerk CC: county Counsel County Administrator i r CLAI M TJ: . IBOZ�0 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 Cor mail to P.O. Box 911, Martinez, 'CA) ._ C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of this form. RE: Claim by ) Rese -A ps iling stamps IRENE WRIGHT ) Date of Birth : May 9, 1943 Social Sec . No. : 554-60-8938 / � 1986 Against the COUNTY OF CONTRA COSTA) PHIL BATCHELOR GL K OARD OF S PERVISORS (, T A ..A°� or DISTRICT) ey ...-............. " oevoty Fill in name) ) The undersigned claimant hereby makes claim against the Count of Contra Costa or the above-named District in the sum of $ 1, 000, 000 . (0 vd in u t of th' s claim r presents as follows : ain aria �uifering_pus_speciag ex�ensesl:_______________________________ 1. Where did the dam e n ur oc ur? (Give exact date and hour) On or about October op19 58 ws advised by one of my treating doctors that mistakes may have been made during the course of my treatment or surgery on September 30, 1986 . Note : there may have been other problems during the co_u_rse of_m-y_ lhaI_I-aim-uu ,_axaze- p£ ,at-thA,s.. t;me- _ ------------- 2. Where did the damage or injury occur? (Include city and county) Con ra Costa County Health Services Merrithew Memorial Hospital ; East County Neighborhood Clinic ----------- -- -d - --- - - - -- - - - - --- -- ------ ------ ----- ---- -------- --- ----- -- 3. How did-the amage or injury occur? (Give full details, use extra sheets if required) improper medical attention for diagnosed herniated disc resulted in further damage to back and nervous system ------------------------------------------------------------------------ 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? Improper medical treatment of apparent herniated disc . Treatment was by Contra Costa Health Services, Merrithew Memorial Hospital, East County Neighborhood Clinic, Pittsburg, California. Also, see names of doctors in Item No. 5. (over) What are the names of county or district officers, .servants nor-:: } employees causing the damage or injury? The names of all parties are unknwon to claimant at this time, but the following doctors have been involved in treatment of claimant: Dr. Carr, Dr. Do, Dr . Hughie, Dr. Burt and Dr. Robinson. The extent of any or all who were negligent are ttime- ------------------------ gligent are --i Me- --------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) The full extend of monetary damages is unknown because claimant just learned of possible negligence of County and has not had independent estimates of expenses to remedy negligence, if it is possible to do so. Painand---su-f-f-e-r-i-n-i of1,�000100 . 00_0 _ ------------------------------------ _. How--was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) See above . ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. Claimant and County facilities and doctors in item 5 above. ---------=--------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT None as of this date or if expenditures were made, these amounts have never been transmitted by Contra Costa Health Services, Contra Costa Health Clinic andJor Contra Costa Merrithew Memorial Hospital . 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 i FREDRIC L. WEBSTER Claimant s Signature Attorneys at Law 2200 Sycamore r. , #2475 3846 Railroad Avenue Address Pittsburg, CA 94565 Antioch, CA 94509 Telephone No. (415) 439-9181 Telephone No. (415) 754-1951 ************************************************************************** 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. " C'-A-I M 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 13 , .1'987 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice f California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Uns'p'ecified i Section 913 and 915.4. Please n60Y'6rniFgs". ou CLAIMANT: WILFRED E- PALMER ET AL tC c/o David R. Forsblad, Esq. DEC 16 1966 ATTORNEY: Hyde & Forsblad 1350 Mt. Diablo Blvd. #310 Date received Martinez, CA 945..x- I ADDRESS: Walnut Creek, CA 94596 BY DELIVERY TO CLERK ON December 9 , 1986 BY MAIL POSTMARKED: December 5 , 1936 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is .a copy of the above-noted claim. Q December 12 , 19361 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: C� /9�(, BY: V C 'l�— 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. JAN 13 1987 Dated: PHIL BATCHELOR, Clerk, By—C2 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 perjurythat 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 14 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator DAVID R. FORSBLAD, ESQ. 1 HYDE & FORSBLAD 1850 Mt. Diablo Blvd. , Suite 310 2 Walnut Creek, CA 94596 ( 415) 939-7700 3 Attorneys for Defendants 4 WILFRED E. PALMER and THERESA PALMER i In the Matter of the Claim of 6 MEAGAN MOSCARELLI, 7I VS. 8 aA� PE�v� as EAST BAY MUNICIPAL UTILITY Cep Ntn A ° Deputy 9 DISTRICT, et al. , eY •• "�' I 10 11 WILFRED E. PALMER and THERESA PALMER hereby make the 12 following claim against the EAST BAY MUNICIPAL UTILITY DISTRICT 13 for comparative indemnity as follows: 14 1. Claimants ' address is 7600 Monte Verde Drive, E1 15 Sobrante, California, 94803 . 16 2. Notices concerning the claim should be sent to DAVID 17 R. FORSBLAD, ESQ. , Hyde & Forsblad, 1850 Mt. Diablo Blvd. , 18 Suite 310, Walnut Creek, California, 94596 . 19 3 . The date and place of the occurrence giving rise to 20 the claim are on or about April 22, 1986 on or about Monte 21 Verde Drive, E1 Sobrante, an unicorporated portion of the 22 County of Contra Costa. 23 4. The circumstances giving rise to this claim are based 24 on the Complaint filed by Meagan Moscarelli, a minor, by her 25 Guardian ad Litem, Cheri Snyder, on or about June 30, 1986 26 naming claimants as DOE defendants. Claimants herein make 27 their claim for Comparative Equitable Indemnity and Declaratory 28 I 1 Relief based on said Complaint. (Copy of Complaint attached 1 hereto) 2 5. Claimants ' injuries are as stated in the plaintiff ' s 3 complaint. 4 6. The names of the public employees causing the 5 claimants injuries are unknown. 6 7 . Claimants ' claim as of the date of this claim is for 7 comparative indemnity. 8 DATED: December 1986 9 HYDE & .VORSBLAD 10 `David R. Forsblad � 12 Attorneys for Claimants 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 KAREN M: PLATT, ESQ. _ _ Er,4D®RSE® 1 COLLINS & ZAPALA 1:1 1•!�c D 100 Park Center Plaza 2 Suite 506 ,JUN 3j 100 San Jose, California 95113 3 Telephone: (408 ) 298-5161 REEVE C. DAVIDSON County Cler;; 4 Attorneys for Plaintiff, By Vicki Daybell, Deputy 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 10 SOUTHERN DIVISION dill M0-9 MEAGAN MOSCARELLI, a minor by 'her ) NO. 11 Guardian ad Litem, CHERI SNYDER, ) 12 Plaintiffs, ) COMPLAINT FOR PERSONAL 13 ) INJURIES ANb 'DAMAGES; v. ) WRONGFUL DEATH 14 EAST BAY MUNICIPAL UTILITY ) DISTRICT; COUNTY OF CONTRA COSTA; ) 15 NENECIO ONATE; MASON GEISINGER; ) 1s and DOES I-XX', inclusive, ) ) 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, 23 corporate, associate or otherwise, of Defendants, DOES I through 24 XX, inclusive, are unknown to the Plaintiff at this time, and 25 therefore, said Plaintiff sues such Defendants by such 26 i fictitious names, and Plaintiff will amend this Complaint to show their true names and capacities when the same have been j 2 I ascertained. ?iai;-Itiff 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 the happening referred to, and thereby proximately caused 6 injuries and damages to the Plaintiff as herein alleged. 7 II 8 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 permission and scope, and within the course and scope, of this 12 agency and employment for each of the other Defendants. 13 III 14 15 That on or about April 22 , 1986, at approximately 11 : 30 a .m. , 16 the Plaintif,:f MEAGAN MOSCARELLI was a passenger in the car 17 driven by her mother who was operating her Ford Escort Pony, i California license 1PYJ175, on Monte Verde Drive, E1 Sobrante, 18 19 an unicorporated portion of the County of Contra Costa. 20 IV I At all times herein mentioned, Defendant EAST BAY MUNICIPAL 21 22 UTILITY DISTRICT (hereinafter referred to as EAST BAY MUD) has its principal place of business in the County of Alameda, State 23 of California. 24 V 25 At all times herein mentioned, Defendant CONTRA COSTA COUNTY 26 I i -2- (hereinafter referred to as CONTRA,--COSTA-) had . ownership. and 2 control of the property located in the unicorporated City of El Sobrante where the subject accident took place. 3 VI 4 That Defendant NENECIO ONATE, who resides at 8500 Monte 5 6 Verde Drive, 'El Sobrante, California, owns the property adjacent to and on the downhill side of Monte Verde Drive, including the 7 8 area of the road where the above-mentioned accident occurred. 9 VII That Defendant MASON GEISINGER,, who resides at 8600 Monte 10 11 Verde Drivet , El Sobrante, California, owns' the property adjacent to and on the uphill side of Monte Verde Drive at the area where 12 the accidentioccurred. 13 14 VIII 15 For purposes of this action, CHERI SNYDER is the grandmother 16 of the Plaintiff, and was duly and regularly appointed by the 17 above-entitled Court as Guardian ad Litem for the Plaintiff, and is has been qualified to act as the guardian for the Plaintiff in 19 the above-entitled action. Plaintiff MEAGAN MOSCARELLI lives with CHERI SNYDER in Mendocino County. 20 21 FIRST CAUSE OF ACTION 22 (Dange*rous Condition) Plaintiff allege against Defendants CONTRA COSTA and EAST 23 24 BAY MUD as follows: I 25 x 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 7 subdivisions of the State of California, organized and existing by virtue of ;the laws of the State of California. 8 XI 9 That on or about May 28, 1986, the Plaintiff presented to 10 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 §910 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 17 the claim as if they were fully set forth herein. 18 XII 19 Plaintiff is informed and believes and thereon alleges that 20 , the Defendants, CONTRA COSTA and EAST BAY MUD and DOES I through 21 X, were the owners of and were in possession of , maintained and 22 controlled and constructed, designed and operated that certain roadway commonly known as Monte Verde Drive. 23 XIII 24 That at all times and places referenced herein, the public 25 entity Defendants and DOES I through X acting through their duly 26 -4 - 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 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 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 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 15 referenced conditions exist in conjunction with an unmarked curve of the roadway, the diminished width of the roadway, the 16 17 lack of warning signals and/or signs, and additional visibility 18 defects. Said property was dangerous and defective in that there was a, failure to provide adequate and sufficient warning 20 signs, lights, barriers, dividers, reflectors, warning devices, stop signs and/or other traffic controls and warning devices and 21 22 the absence of these devices constituted a hazardous condition 23 of the public and private property; said public entities created the dangerous condition and continue to maintain the property in 24 a dangerous ,and defective condition so that users of the roadway 25 26 would be subject to risk of serious injury and death. -5- . ... \s., 1. XIV That the failure of the aforesaid Defendants, and each of 2 them, to properly design, engineer, supervise, operate, maintain, and control the above-described property, and the 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 8 safety of all users and created substantial risk of injury when 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 Defendants, and each of them, knew, or had constructive 12 13 notice of the dangerous conditions, 'as . the conditions had 14 existed for a prolonged period of time and were obvious in 15 nature, and notwith-standing that knowledge, the Defendants failed to exercise due care in that they failed to remedy the 16 dangerous and defetive condition. 17 XVI 18 19 That atsaid time and place aforestated, and as a direct and 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 tires of the vehicle driven by the mother of Plaintiff MEAGAN 24 MOSCARELLI became lodged between the _wate.r_. pipe,-.-and . trenches__.anO in attempting to extricate her automobile therefrom, said 26 -6- vehicle * was caused _ to- go out of control and over a 400 foot embankment,..---- 2 XVII 3 That as a direct and proximate result of the carelessness 4 1 and negligence of the Defendants, and each of them, and of the 5 dangerous and defective conditions of the roadway and adjacent 6 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 the enjOyment ' of life is a 13 14 separate andIdistinct item of damage and as a proximate result of the negligence of the Defendants, the Plaintiff has been 15 generally damaged by said loss in excess of the jurisdictional 16 minimum of this Court. 17 XVIII 18 19 That as a direct and proximate result of the negligence and carelessnessof the Defendants, and each of them, and the 20 resulting accident as herein alleged, Plaintiff sustained severe 21 22 personal injuries, severe nervous shock, great physical and mental pain and suffering, all to the Plaintiff's general damage 23 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 of them, 'and the 3 accident resulting therefrom, Plaintiff has necessarily incurred 4 5 liability for medical aid and attention, hospitalization, 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 future, all, to the Plaintiff ' s special damages in an amount 9 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 13 That as ; a direct and proximate result of the negligence and 14 15 carelessness' of Defendants, and each of them, Plaintiff 's mother, Tabitha Moscarelli , who was the driver of the car, was 16 ---- _. fatally and tragically injured. 17 18 XXI 19 That MEAGAN MOSCARELLI is the sole surviving heir of the 20 decedent, who was the mother of the Plaintiff . That MEAGAN 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. 24 25 XXI I That immediately prior to death, the decedent was a person 26 -8_ in good' physical and mental condition and was devoted in her 1 love and financial assistance to the Plaintiff herein. 2 XXIII 3 ` That as ' a direct and proximate result of the aforesaid 4 carelessness and negligence of the Defendants, and each of them, 5 the Plaintiff has been deprived of the society, comfort, 6 companionship and services of the decedent, at a critical time 7 . in a child's life, where the importance of the mother ' s 8 1 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 XXIV 12 • .. That by reason of said injury and death of the decedent, the 13 Plaintiff has incurred funeral and burial expenses and medical 14 15 bills for the decedent ' s accident, and the Plaintiff requests 16 leave of the court to amend the same according to proof at the 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 interests on the total . amount of such damages from the date of 24 such injuries and death to the date of judgment. 25 WHEREFORE Plaintiff prays judgment as hereinafter set forth. 26 -9- SECOND CAUSE OF ACTION 1 ! (Negligence, Failure to Maintain and Warn) 2 i 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 11 each of them, owned, possessed, controlled, maintained and supervised certain property commonly known as Monte Verde Drive. 12 ... _.. .... ... __..- ...... . 13 XXVIII 14 That this cause of action is based upon the negligence, 15 carelessness and unlawful conduct of the Defendants, and each of _ them, including but not limited to their failure to sukervise, 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 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 Defendants failed to take precautions and to otherwise remedy 23 the conditions of the property which made it dangerous. Their 24 25 failure proximately caused the Plaintiff to sustain severe 26 personal injuries. -10 _ XXIX That Defendants ONATE and GEISINGER failed to warn, repair 2 or arrange the repair and/or notify the appropriate authorities _ so that the hazardous road codi ,� tionson .,-on , Monte Verde Drive would W, - „ , -. 4 be improved. 5 XXX 6 That in addition to having ownership and control of Monte Verde Drive, Defendants ONATE and GEISINGER resided and lived on 8 _ �.. the land which abuts Monte Verde Drive where the accident 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 their own property further contributed to 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 §425. 11 ; 22 2. For special damages according to proof; ` 23 3 . For costs of suit incurred herein; and 24 4. For prejudgment interest. 25 DATED: 26 'i B y ,� , ` --- KAREN M. PLATT Attorney- for Plaintiff MEAGAN MOSCARELLI APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION January 13 , 1987 Application to File Late Claim ) NOTICE TO APPLICANT Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to ) the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" bel�ty COUns Claimant: KENJI SUZUKI c/o Michael B. Moore, Esq. DEC 2 190 Attorney: Cartwright , Sucherman & Slobodin, Inc . �-� 101 California St . #2600 Ntartinez, GAE)45: Address: San Francisco, CA 9.4111 Amount: $10 , 000 , 000. 00 By delivery to Clerk on December 17 , 1985 Date Received: December: 17 , 1986 By mail, postmarked on December 16 , 1986 I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above noted Application o F. a Late Claim. DATED: 12-22-86 PHIL BATCHELOR, Clerk, By . � Deputy L. Hall II . FROM: County Counsel T0: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (� The Board should deny this Application to File Late Claim (Section 911.6). •..- �' DATED: �� � /`� r ICTOR WESTMAN, County Counsel, - -�- �< uty III. HOARD ORDER By unanimous vote of Supervisors prehent (Check one only) ( ) This Application is granted (Section 911.6). ( ) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Boards Order entered in its minutes for this date: DATE: JAN 13 1987 PHIL .BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 3911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you frcm the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board TO: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof. has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: JAN 14 1987 PHIL BATCHELOR, Clerk, By �e?, Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM . T 1 MICHAEL B. MOORE, ESQUIRE MADELYN CHABER, ESQUIRE RECEIVED 2 CARTWRIGHT, SUCHERMAN & SLOBODIN, INC. 101 California Street, suite 2600 3 San Francisco, California 94111 DECD 71986 Telephone : 415/433-0440 4 bArc on Attorneys for ;Claimant ' eon 5 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 U z v Zo 10 - m KENJI SUZUKI , ° 11 m 0o0 LL m ° c 12 Claimant O 4 CD°� 1 0 ' < m n v. NO. LL U 13 o w w a APPLICATION FOR LEAVE li 14 TO PRESENT LATE CLAIM z N a a I = oN 15 COUNTY OF CONTRA COSTA, 0 � J16 � u Respondent. < / U ° 17 18 Claimant, KENJI SUZUKI, hereby applies to the County 19 of Contra Costa for leave to present a late claim for personal 20 injuries described herein. 21 This application is made on the basis of inadvertance, 22 mistake and excuseable neglect on the part of claimant, 23 KENJI SUZUKI, ;and a lack of prejudice to the County of 24 Contra Costa. 25 26 i V ' 1 This application for leave to present a late claim 2 is based on the Declaration of Michael B. Moore filed herewith. 3 The proposed late claim is attached to said Declaration. 4 DATED: , December 8 , 1986 . 5 CARTWRIGHT, S CHERMAN & SLOBODIN 6 7 By: 8 MICHAEL B. MOORE 9 U O Z , Zq 10 O � ° p 11 M ¢ Op J N ° c 12 O LL m zO W Z �- U , < QT n 13 I , U U� K �- Z O W W Q aUp 14 -J :) NZ 15 = o � LL 3 i 16 U c u 17 18 19 20 21 22 23 24 25 26 I MICHAEL B. MOORE, ESQUIRE MADELYN CHASER, ESQUIRE 2 CARTWRIGHT, SUCHERMAN & SLOBODIN, INC. 101 California Street, suite 2600 3 San Francisco, California 94111 4 Telephone : 415/433-0440 Attorneys for Claimant 5 6 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 9 ? o KENJI SUZUKI , i9 10 0 Claimant ° a 11 m � 00 - V. NO. LLMLLa 12 000 WzmLn u COUNTY OF CONTRA COSTA, DECLARATION OF MICHAEL B. 4 Fu 13 MOORE IN SUPPORT OF W � 14 APPLICATION FOR LEAVE � ° Oik Z TO PRESENT A LATE CLAIM 05 < Respondent. F ( W 15 / = 0 0 � 3 � 16 I, MICHAEL B. MOORE, declare as follows : " 0 17 I am an attorney licensed to practice before all 18 the courts of -the State of California and am a member of 19 Cartwright, Sucherman & Slobodin, Inc. , counsel for claimant 20 herein. 21 Claimant received burn injuries when an airplane 22 crashed into the Sun Valley Mall in Concord, California 23 on December 23, 1985 at approximately 8 : 30 p.m. 24 Claimant is a resident and citizen of Japan with 25 very little familiarity with the American justice system 26 and no familiarity with the procedures for filing claims 1 or the requirement for filing claims against public entities . 2 Claimant was unaware of any potential involvement 3 of the County of Contra Costa or the City of Concord at 4 any time prior to retaining counsel within two weeks of 5 the filing of this application. 6 Within two weeks of the filing of this application, 7 claimant retained your declarant ' s law firm to represent 8 him. Because your declarant' s law firm had been retained 9 shortly after the accident occurred, your declarant ' s law U 0 zq Zg 10 firm had had time to do ample investigation which revealed _ m O m ° Q m � 11 the involvement of the County of Contra Costa and the City 00 o oa 12 of Concord and their responsibility for this tragic accident. = o W Z V cf" a 13 At no time prior to retaining your declarant ' s law firm LLC f Z O WW Q W < U U. 14 was claimant aware in any way, shape, manner or form of z N Q Q i (rN 15 the potential involvement or responsibility of the County � o J 16 of Contra Costa or the City of Concord. 3 a H U C U - 17 For this reason, this application is being made 18 in a timely fashion less than one year from the date of 19 injury. 20 There can be absolutely no prejudice claimed by 21 the City of Concord or the County of Contra Costa since 22 numerous claims were filed in a timely fashion on behalf 23 of other individuals injured in the same accident and thus 24 these two public entities have been on ample notice well 25 before the running of the claim period of their involvement. 26 1 It is respectfully submitted for the foregoing reasons 2 that the application to present late claim be granted. 3 DATED: December 8 , 1986 . 4 CARTWRIGHT, SUCHERMAN & SLOBODIN 5 By: MICHAEL B. MOORE 7 8 9 U 0 Z Q Z o 10 _ m O m 0 m 11 Oo _ Noa LL O 12 Qf I0 w Z m LLfN13 oWw < < U LL� 14 J ] N Z N Q Q F Z " 15 Z 00 0 J 16 3 � u g U 17 U 18 19 20 21 22 23 24 25 26 l CLAIM .TO: BOARD OF SUPERVISORS OF CONTRA COW*rF4?[JJqyapp1ication to: • Instructions to ClaimantC!erk of the Board n Martinez,California 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end o his form. RE: Claim by )Reserved for Clerk's filing stamps KENJI SUZUKI ) ) ) Against the COUNTY OF CONTRA COSTA) or DISTRICT) Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 10 .000 ,000 . 00 and in support of this claim represents as follows: ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) December 23, 1985 , at approximately 8 : 30 p.m. --- ------------- -------------------------Wh-r--dTid-th--dam----or-injury occur? -nc- de city and county) SunValley Mall in Concord, California, and Buchanan Field Airport ------------------------------------------------------------------------ d th 3: How did e amage or injury occur? (Give full details, use extra sheets if required) SEE ATTACHED SHEET -- - ------------------ --- ------------------------------------------- 4. What----p-articular act or omission on the part of county or district officers , servants or employees caused the injury or damage? SEE #3 - ATTACHED (over) 3 . How did the damage or injury occur? The City of Concord/County of Contra Costa negligently permitted and ratified the building and continued operation of the Sun Valley Mall, a populated shopping area, too close to Buchanan Field Airport and in the path of established flight, landing and aborted landing patterns at Buchanan Field Ariport; negligently permitted planes attempting to land at Buchanan Field Airport to come too close to the mall ; negligently failed to properly supervise and control flights and landings ; negligently failed to properly supervise operations of Buchanan Field Airport; negligently permitted landings under fog conditions; negligently failed to maintain sufficient flight controller operations; and negligently permitted planes to land on December 23, 1985, under dangerous conditions without proper monitoring or flight controller direction and guidance. The City' s negligence in this regard was a proximate cause of the burns and other personal injuries and consequential injuries therefrom suffered by Kenji Suzuki, in that it was a cause of the crash on December 23 , 1985 of a Beechcraft plane into the mall. The identity of the specific individuals involved are at this time: unknown. However, it is believed and herein alleged that employees of the City of Concord and the County of Contra Costa committed the acts above mentioned in the course and scope of their employment, and that the City of Concord/County of Contra Costa is responsible under principles of negligence and strict liability.