HomeMy WebLinkAboutMINUTES - 10131987 - 1.12 (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 October 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".
County Counsel
CLAIMANT: ARI: DISTRIBiJTING COMPANY
c/o Reisinger & Rogers SEP 11' 1987
ATTORNEY: Attn: Godon D. McAuley
950 Northgate Drive, #200 Date rM&Pro Olen, CA 94te�Iber 4 1987
ADDRESS: Sari Rafael, CA 94903 BY DELIVERY TO CLERK ON
BY MAIL POSTMARKED: not legible
Certified P 117 023 553
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. -
DATED: September 11 , 1987 gyIL BeputyLOR, Clerk
L. Hall C
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: ��— �9� BY: Deputy County Counsel
v /
I11. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was r?turned 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: OV I 1 3 Sq7 PHIL BATCHELOR, Clerk, B OJI AAj 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: Or BY: PHIL BATCHELOR by 0Deputy Clerk 4 44k
CC: County Counsel County Administrator
Gordon D. McAuley
1 REISINGER & ROGERS
950 Northgate Drive, Suite 200 ECEI�IE�
2 San Rafael, California 94903
3 Telephone: (415) 499-1033
�J
Attorneys for Claimant,
4 ARK DISTRIBUTING COMPANY w
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5
6
7
8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA
9 STATE OF CALIFORNIA
10
S 11 IN THE MATTER OF THE CLAIM OF )
W ARK DISTRIBUTING COMPANY, )
12 Claimant, ) CLAIM FOR INDEMNITY
CR a
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TaUa 13 vs. )
W .. ti -M
U m'2 14 COUNTY OF CONTRA COSTA, )
zQ8R )
15
0 Respondent. )
16
17
TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA:
18
19 ARK DISTRIBUTING COMPANY hereby presents its claim to the
20 COUNTY OF CONTRA COSTA pursuant to California Government Code
21 Section 910. 4 .
22 1. The name and post office address of the claimant is as
follows:
23 ARK DISTRIBUTING COMPANY
24 c/o Reisinger & Rogers
Attn: Gordon D. McAuley
25 950 Northgate Drive, Suite 200
San Rafael, California 94903
26
Page 1
1 2 . The post office address to which claimant desires
2 notice of this claim to be sent is as follows:
3 Gordon D. McAuley, Esq.
REISINGER & ROGERS
4 950 Northgate Drive, Suite 200
San Rafael, California 94903
5 3 . The date, place and other circumstances of the occur-
6 rence or transaction which gives rise to this claim:
7 On December 23 , 1985, in the City of Concord, County o
Contra Costa, California, James M. Graham, John Frederick Lewis
8 and Brian Ward Oliver were occupants of a Beechcraft aircraft,
when' that aircraft crashed while attempting a landing at the Con
-
9 cord Buchanan Field Airport. All three occupants of the airplane
were killed, as were several shoppers at the Sun Valley Mall, to
l0 cated in the City of Concord, County of Contra Costa, California.
Numerous people were also injured in that air crash, and substan
V o tial property damage was also occasioned by the crash.
0 11
(� 0 4 . On June 1, 1987, a Master Consolidated Complaint was
p � �, � 12 filed in the Superior Court of the State of California, in and
R � � 13 for the County of Contra Costa, under the Judicial Counsel Coor-
dination Proceeding No. 2026. (See attached Exhibit. ) That
vCl - pleading has named ARK DISTRIBUTING COMPANY as a defendant to the
J v 14 action. The Complaint alleges in general terms that ARK DIS-
TRIBUTING COMPANY " . . . [ha] s either an ownership or other
1' proprietary interest in the above-described Beech Baron aircraft,
P 16 or [was] otherwise responsible for the maintenance, service,
repair, inspection and/or operation of said aircraft, or other-
wise participated in such. The Complaint further alleges that
17 ARK DISTRIBUTING COMPANY was negligent in the matters set forth
in the preceding sentence. The Master Consolidated Complaint has
18 not yet been served on ARK DISTRIBUTING COMPANY but its counsel
is aware of the Complaint and anticipates it may be served on ARK
19 DISTRIBUTING COMPANY within a short time.
20 5. The COUNTY OF CONTRA COSTA is responsible for the
21 design, construction, maintenance, operation, and certification
of the Concord Buchanan Airport and control of its use. The
22 COUNTY OF CONTRA COSTA is further responsible for the certifica-
tion, permission, approval, and the provision of zoning and or-
23 dinances permitting the construction of the Sun Valley Mall, at-
tracting a great number of persons, in close proximity to the
24 Buchanan Airport, and below and directly within a heavily
traveled air corridor in the vicinity of the airport.
25 6. If, in fact, the plaintiffs in the Master Consolidated
26 Complaint for Personal Injury and Wrongful Death Plaintiffs sus-
tained damages as alleged, those damages were caused by the
Page 2
I primary and active negligence or other fault of the COUNTY OF
CONTRA COSTA. ARK DISTRIBUTING COMPANY, therefore, alleges that
2 it is entitled as a matter of law to indemnity from the COUNTY OF
CONTRA COSTA for any judgment or settlement in favor of plain-
tiffs in the Master Consolidated Action, together with claimant's
3 attorneys ' fees and costs.
4 7 . If ARK DISTRIBUTING COMPANY is liable to the plaintiffs
5 in the Master Consolidated Action, it will be because of the com-
parative negligence or other fault of the COUNTY OF CONTRA COSTA.
6 Accordingly, ARK DISTRIBUTING COMPANY alleges that the COUNTY OF
CONTRA COSTA is required by law to contribute to the amount of
7 any judgment or settlement in favor of the plaintiffs listed in
the Master Consolidated Action, in accordance with the compara-
8 tive degree and nature of its fault" in causing plaintiffs'
damages, if any, and is required to reimburse, indemnify and hold
9 ARK DISTRIBUTING COMPANY harmless for the amount of any such
judgment or settlement which is in excess of ARK DISTRIBUTING
COMPANY's proportional share, if any, as determined by the com-
parative degree and nature of the respective fault in causing
0 plaintiffs ' damages, of any.
11
C7 � 0 8 . As of the date of the filing of this claim, the extent
O � � � � 12 of the damages and injuries incurred by plaintiffs in the above-
1St � � 13 mentioned action is unknown to ARK DISTRIBUTING COMPANY, and will
Tc be determined in the pending Master Consolidated Action.
v Q 14 9. At the present time, the identity of the employee or
employees of the COUNTY OF CONTRA COSTA who caused the creation
zvi 15 and continued existence of the aforementioned dangerous condi-
tions is unknown to claimant.
16
10. At the time of the presentation of this claim, ARK DIS-
17 TRIBUTING COMPANY seeks the total amount of potential recovery by
plaintiffs in the Master Consolidated Action, the total amount of
18 which is presently unknown to ARK DISTRIBUTING COMPANY. ARK DIS-
TRIBUTING COMPANY further seeks recognition of the duty of the
19 COUNTY OF CONTRA COSTA to provide a defense to, and indemnify ARK
DISTRIBUTING COMPANY for any and all damages, costs, and
ZO attorneys ' fees it may suffer as a result of the Consolidated
21 Master Complaint against ARK DISTRIBUTING COMPANY, in the Supe-
rior Court of. the State of California, in and for the County of
22
23
24
25
26
r
Page 3
Contra Costa, under Judicial Counsel Coordination Proceeding No.
1 2026.
2 DATE: - , ' I REISINGER & ROGERS
3
4 By:
5 GORDON D. McAU Y
Attorney for Claimant, ARK
6 DISTRIBUTING COMPANY
7 P0987 .PLD\Ark3 .Clm
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Page 4
I PROOF OF SERVICE
2 _ (CCP Sections 1013a, 2015. 50) .
3 I declare that:
4 I am employed in the County of Marin, State of California.
5 I am over the age of 18 years and am not a party of the
6 within entitled cause; my business address is 950 Northgate
7 Drive, Suite 200, San Rafael, California 94903 .
8 On September 2 , 1987, I served the attached CLAIM FOR INDEM-
9 NITY OF ARK DISTRIBUTING COMPANY on the parties in said cause by
10 placing a true copy thereof enclosed in a sealed envelope with
postage thereon fully prepaid, in the United States mail at San
0 11
s.v
Rafael, Marin County, California addressed as follows:
12
t ' Q
T 13 Clerk of the Board of Supervisors
County of Contra Costa
U ¢ s 14 651 Pine Street
Z
� R Martinez, CA 94553
z � 15
o
16 I declare under penalty of perjury under the laws of the
17 State of California that the foregoing is true and correct, and
18 that this declaration was executed on September. 2 , 1987 at San
19 Rafael, California.
20
I
21
22 Gretchen A. ,Freeman
1
23
24
25
26
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Page 5
C 1 Liaison Counsel for Plaintiffs :
2 GERALD C. STERNS
3 LAW OFFICES OF iUpl 11987
4 STERNS, WALKER & GRELL
280 Utah--Street ULsatj1j, County Clerk
5 San Francisco, CA 94103 CO1QTRa COSTA COUNTY
6 Telephone: (415) 626-1000
BY. �i..� ''�'.�sof C �'�
7 Plaintiffs ' Steering Committee:
8 RALPH W. BASTIAN, JR. RICHARD E., BROWN
9 WALKUP, SHELBY, BASTIAN, MELODIA, LAW OFFICES OF
10 KELLY & O'REILLY MELVIN M. BELLI, SR.
650 California Street, 30th Floor 722 Montgomery Street
11 San Francisco, CA 94108 San Francisco, CA 94111
12 Telephone: (415) 981-7210 Telephone: (415) 981-1849
13 JOE R. McCRAY MICHAEL MOORE
14 A LAW CORPORATION CARTWRIGHT, SUCHERMAN &
433 Turk Street SLOBODIN
115 San Francisco, CA 94102 101 California Street,
16 Telephone: (415) 775-3900 26th Floor
San Francisco, CA 94111
17 JOHN E. SKEATH Telephone: (415) 433-0440
MILLER & HINKLE
18 2007 West Hedding Street
119 Tai Jose, California- 95128
120 Telephone : (408) 296-4216 SUMMONS ISSUED
21
22 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
23 IN AND FOR THE COUNTY OF. CONTRA COSTA
24
.125
126 Coordination Proceeding ) JUDICIAL COUNCIL COORDINATION
1127 Special Title (Rule 1550 (b) ) ) PROCEEDING
NO. 2026 •
28 ) t-
29 SUN VALLEY AIR CRASH CASES ) MASTER CONSOLIDATED COMPLAINT
FOR DAMAGES ON BEHALF
30 ) OF ALL PERSONAL INJURY AND
31 ) WRONGFUL DEATH PLAINTIFFS
32 )
33
34 COME NOW the personal injury and wrongful death plaintiffs
35 and pursuant to Leave of Court and for a Master Consolidated
36
EXHIBIT,
aW Offices of EXHIBIT-
i.Walker G Greo —1—
J M ah Street
anc,sco.U 94103
r)
1 Complaint for damages in the above-entitled Coordination Proceeding
2 do allege as follows:
3
4 - GENERAL ALLEGATIONS
5
6 1. Parties Plaintiff:
7 This Master Consolidated Complaint is filed on behalf of
8 all personal injury and wrongful death plaintiffs -having causes of
9 action arising out of the Sun Valley Mall air disaster of Decem-
10 ber 23, 1985, who have heretofore filed complaints for damages in
11 the Superior Court, and supersedes the allegations therein. These
12 allegations relate back to the time of filing of such individual
13 complaints. The identity and capacity of the parties plaintiff is
14 incorporated from each complaint heretofore filed which are listed
15 in the Appendix to this Master Consolidated Complaint.
16
17 2. Parties Defendant:
18 The defendants in this matter, for the purposes of this
19 Complaint, are grouped and identified as follows: '
20
21 "Property Defendants" :
22 Sun Valley Associates , dba, Sun Valley Mall Shopping
23 Center;
24 The Taubman Co. , Inc. , a Michigan Corporation;
25
26 Wells Fargo Bank, as Trustee and Successor-in-interest to
the Taubman, Co. , Inc. ;
27
28 R.H. Macy & Co. , Inc. t'
29 Does 1 through 100.
30 "Public Entity Defendants" :
31
32 County of Contra Costa
33 City of Concord •
34 City of Pleasant Hill
35
36
Does 101 through 2.00.
•
lar Offices of
ns.Walker G Grell —2—
'80 Ouh Street
rancisco.U 94103
1 "Aircraft Defendants" :
2 Estate of James Mountain Graham, deceased;
3
4 _ Ark Distributing Company, Inc. , a California corporation;
5 James Mageean;
6 Linda Mageean;
7
8 General Aviation Services
9 General Air Services, Inc.
10 Reliant Aviation; ,
11
12 Nancy Hartshorn;
13 Francis DeRenzi;
14 Nancy Hartshorn;
15
16 Reliant Aviation;
17 Diablo Aviation;
18 L. Lee Kaufthiel;
19
20 Anthony Mageean;
21 Does 201 through 300 .
22
23 "Product Defendants" :
24 Beech Aircraft Corporation, a division of the Raytheon
25 Company;
26 Beechcraft West, a California corporation;
27
28 Teledyne Continental Motors, a division; of Teledyne
Industries (initially sued as a fictitiously named
29 defendant in some cases) ;
30 The Jeppessen Sanderson Co. (initially sued as a ficti-
31 tiously named defendant) ; and
32 Does 301 through 400 .
33 •
34 3. Vicarious Liability:
35 Plaintiffs allege vicarious liability against each and all
36 of the defendants named herein on all theories available and as may
Aw Offices of .
,s.Walker G GreO —3-
50
3-
90 Utah Street
•ancisco.CA 94103
' I
1 be developed by the proof, including agency, joint venture, alter
2 ego, respondeat superior, or otherwise, and allege that each of the
3 defendants named herein is vicariously responsible for the acts and
4 omissions of each of the remaining defendants, within their
5 respective groups .
6
7 4 . Fictitiously Named Defendants :
8 The defendants. designated herein as Does 1 through 400 ,
9 inclusive, and each of them, are sued by such fictitious names
10 because either their identity, capacity, connection with the events
11 and circumstances set forth herein, or the legal basis underlying
12 their liability is not presently fully known to the plaintiffs .
13 Each of said fictitiously named defendants is liable in some form or
14 manner to the plaintiffs herein for the events and. circumstances set
15 forth, and contributed in some manner to the injuries and damages
16 sustained.
17
18 5. Injuries , Damages and Causation:
19 Each of the plaintiffs herein has sustained injury and
20 damages proximately and legally as a result of the acts, omissions
21 or other breach of duty by one or more of the defendants herein.
22 The allegations of such injury and damages as set forth in the indi-
23 vidual complaints listed in Appendix A are incorporated herein by
24 reference, and additionally, such plaintiffs seek damages as may be
25 appropriate and sustained by the proof for (1) general damages;
26 (2) loss of consortium; (3) negligently inflicted emotional distress
27 to include Dillon v. Legg cases and similar claims; (4) intentional
28 infliction of emotional distress; (5) damages for- wrongfut- death,
29 both economic and otherwise; (6) surviving damages under Probate
30 Code §583; and (7) damages for apprehension of death or injury prior
31 to impact.
32
33 6 . General Facts Giving Rise To Liability: -
34 On or about December 23, 1985, a Beech Baron aircraft,
35 Model 95A-55, bearing U.S. registration number N1494G, crashed into
36 the Sun Valley Shopping Mall''while apparently attempting to land in
Jr offices of
ns,walker G Grell —4-
80
4-
80 Utah street
ienusco.U 94103
I conditions of impaired visibility at Buchanan Field, located in the
2 City of Concord, and/or Pleasant Hill, Contra Costa County,
3 California. The aircraft was being permissibly operated by James
4 Mountain. -Graham, now deceased, and Graham and the "aircraft defen-
5 dants" with the exception of defendant General Air Service, had, in
6 some manner, some form of ownership or proprietary interest in said
7 aircraft. Defendant General Air Service had performed some mainte-
8 nance, service, inspection and/or repair on the aircraft prior to
9 the accident. As a result of the aircraft crashing into the Sun
10 Valley Shopping Mall, extensive damage was done and there were
11 numerous personal .injuries and wrongful deaths , as is more specifi-
12 cally alleged in the individual complaints.
13
14 ALLEGATIONS AS TO THE PROPERTY DEFENDANTS
15
. 16 7. These Defendants, and each of them, conceived,
17 planned, designed, engineered, constructed, created, managed, placed
18 into the stream of commerce, and operated and controlled, a public
19 shopping center or mall, including the buildings and the materials
20 used in the construction thereof. This shopping mall is known as
21 The Sun Valley Mall Shopping Center and is located at One Sun Valley
22 Mall in the City of Concord and/or the City of Pleasant Hill, Contra
23 Costa County, State of California.
24 8 . Said defendants selected and obtained the site of the
25 shopping center from available and inexpensive land in close proxim-
26 ity to the existing Buchanan Field Airport, knowing that its close
27 proximity would place the shopping center in a heavily trafficked
28 air corridor, under the foreseeable and probable flight path of air-
29 craft on a regular and ongoing basis , and therefore at an unreason-
30 able risk. Said defendants knew or should have known that airport
31 traffic at Buchanan was increasing and would continue to increase,
32 and that the increase in traffic was encouraged and accelerated by
33 public officials. Despite that knowledge, warnings, and protests
34 concerning the location and proliferation of such high density
35 structures near the airport, said defendants knowingly to(zated the
36 N/
_as+Offices of
is.Walker&Gren —5-
80 Utah Street
rancrsco.Cr 94103 -
II
1 center in a zone of danger and designed it to attract large numbers
2 of the public.
3 9 . In so designing and locating the shopping center,
4 defendants also knew that large concentrations of people 'would be a
5 the center in times of predictable and foreseeable inclement
6 weather, including conditions of reduced visibility from the air by
7 reason of fog, rain, mist and otherwise. Said defendants knew or
8 should have known that under circumstances of impaired visibility,
9 aircraft could and, in all probability, would, deviate from an
10 intended flight path in close proximity to the shopping mall and
11 thereby create a foreseeable risk of major disaster.
12 10 . Said defendants also planned, designed, constructed
13 and maintained the shopping center in a manner that was in addition
14 to the dangerous proximity to Buchanan Field, dangerous, hazardous
15 and confusing to air traffic attempting to use the field.
16 11 . Said defendants , and each of them, were in the busi-
17 ness of creating and placing into the stream of commerce shopping
18 facilities , including the buildings and components thereof, for the
19 purpose of the mass merchandising of goods and services to the pub-
20 lic. The defendants created the Sun Valley Shopping Mall as alleged;
21 above, as a commercial venture, knowing and intending that the shop-
22 ping center would be frequented by large numbers of the public for
23 commercial purposes . At the time said defendants placed the
24 shopping center in question into the stream of commerce, it was
25 defective and unsafe for its intended purposes and did not meet rea-
26 sonable consumer expectations of safety. In addition to the dangers
27 of the location, construction and design of the center as set forth
28 above, inadequate provisions had been made for the safetysof patrons
29 and visitors thereto, not only with 'respect to the probability of an
30 accident occurring involving an aircraft attempting to land at the
31 Buchanan Field, but additionally with respect to the consequences of
32 such an accident or other disaster, including lack of warning, crowd
33 control, disaster plan, escape routes, fire retardation, structural
34 safety and other matters.
35 12. These defendants were negligent in failing-to have
36 and implement a proper disaster or survival or emergency plan in
La.offices of
ns.Welker L Grell —6-
18D
6—
'f!0 Wh Street
'ranasco.U 94103
_ i
1
I view of foreseeable calamities that could pose a threat to the
2 safety of large numbers of persons in and about the said shopping
3 mall, and were negligent in failing to carry out such plan to mini-
4 mize injury and damage to persons or property after the aircraft
5 impacted the shopping center as aforesaid.
6 13 . Said defendants, in planning, creating, locating,
7 constructing and maintaining the shopping center as alleged, were
8 negligent, and further acted with conscious disregard to the public
9 safety and to the probable consequences of the location and nature
10 of the shopping center in that, among other things,- said defendants
11 had to know of: the danger of high concentration .of person and
12 buildings in a heavily trafficked air corridor inclose proximity to
13 Buchanan Field; the inevitability of aircraft attempting to navigate
14 near said field under impaired conditions of visibility; potential
15 confusion on the part of pilots attempting to land at Buchanan
16 Field; and of the increasing use of the shopping center as popula-
17 tion expanded, coupled with increasing traffic at . the Field. These
18 defendants acted maliciously, wantonly, and willfully and in such
19 manner as to make them liable for punitive and exemplary damages .
20
21 ALLEGATIONS AS TO THE PUBLIC ENTITY DEFENDANTS
22
23 14 . These defendants negligently permitted, allowed and
24 encouraged the construction of the Sun Valley Shopping Mall as
25 alleged above with respect to the "property defendants, " and in
26 close proximity to an existing airport and heavily trafficked air
27 corridors. In so doing, they created and maintained a dangerous and
28 hazardous condition and created confusion and deceptive circum
29 stances to any aircraft attempting to land at Buchanan Field under
30 conditions of impaired visibility.
31 15. These defendants were further negligent in permit-
32 ting, encouraging and ratifying the increased use of the Buchanan
33 Field Airport and the continued growth and building in close proxim-
34 ity to said airport to the point that the density of aircraft activ-
35 ity exceeded the reasonable capacity of such airport and the safe
36 1-imits of air traffic.
r
Laar Offices of
ns.Walker fi Grell —7—
.50
7-
50 Utah Sweet
rancrsco.U 94103
1 16 . These defendants owned and controlled the Buchanan
2 Field Airport and areas adjacent thereto, and said -areas were and
3 are public property.
4 - 17. These defendants negligently failed to properly
5 supervise and control aircraft operations, including take-offs -and
6 landings from and to Buchanan Field Airport under dangerous or haz-
7 ardous conditions , including conditions of limited visibility such
8 as obtained on the evening of December 23 , 1985 .
9 18 . These defendants negligently failed to assess the
10 potential consequences of a changed approach pattern for aircraft to
11 Buchanan Field Airport, and failed adequately to disseminate infor-
12 mation about the changed approach pattern or to make any warnings
13 with respect thereto.
14 19. These defendants were negligent in the ratification
15 and approval of the placement and construction of the Sun Valley
16 Mall in its location in close proximity to Buchanan Field Airport
17 and in the heavily trafficked air corridors and foreseeable flight
18 path of aircraft using Buchanan Field Airport, in .the manner and
19 particulars alleged as to the property defendants above.
20 20. These defendants were negligent in and about the
21 planning, approval and inspection of the buildings and structures
22 which comprise the Sun Valley Mall, in that inadequate fire, escape
23 and survivability standards with respect to said shopping mall were
24 applied or required.
25 21 . The aforementioned public property under the juris-
26 diction, supervision and control of these defendants was also
27 created and maintained in a dangerous condition that created a fore-
. ..
28 seeable and substantial risk of harm to the public when the property
29 was used with due care. These defendants also knew or should have
30 known of the above dangerous and defective conditions of the public
31 property for a substantial period of time prior to December 23,
32 1985, and for long enough prior to said date that said defendants
33 could have remedied the condition or given adequate warning thereof.
34 These defendants also created and maintained a public and private
35 nuisance with respect to the design, construction and location of
36 the Sun Valley Shopping Center and its continued operation in close
Lair Offices of .
8-'90ns.Walker G Grell —8-
'50
Utah Street
ranctsco.U 94103
I proximity to the Buchanan Field Airport with the known and potentia
2 dangers as alleged herein.
3 22. Prior to the commencement of the individual actions,
4 timely and appropriate claims were filed with the various entity
5 defendants named herein with regard to all causes of action upon
6 which plaintiffs filing claims intend to proceed. The filing of
7 such claims and the rejection or inaction with respect to said
.8 claims is set forth in the Appendix appended to this Complaint and
9 incorporated herein by reference.
10
11 ALLEGATIONS AS TO THE AIRCRAFT DEFENDANTS
12
13 23 . At all times herein mentioned, these defendants and
14 each of them have either an ownership or other proprietary interest
15 in the above-described Beech Baron aircraft or were otherwise
16 responsible for the maintenance, service, repair, inspection and/or
17 operation of said aircraft or otherwise participated in such.
18 24 . These defendants and each of them were negligent
19 about the matters set forth in paragraphs 6 and 23 above so as to
20 cause and contribute to the crash of the Beech Baron aircraft into
21 the Sun Valley Shopping Mall.
22
23 ALLEGATIONS AS TO THE PRODUCT DEFENDANTS
24
25 (A) As to the Product Defendants, except the Jeppessen
26 Sanderson Company and Does 376 through 400 :
27 25. These defendants, and each of them, were engaged in
28 the business of designing, manufacturing, distributing and/or sell-
29 ing airplanes and air - frames (including component parts) , and air-
30 craft engines and the component parts thereof, and each of said
31 defendants designed, manufactured, distributed, sold and/or other-
32 wise placed into the stream of commerce the said Beech Baron air-
33 craft and/or its engines and component parts.
34 26 . Said defendants, and each of them, expressly or
35 impliedly warranted that the said aircraft, its engines apd
36 component parts were airworthy and of merchantable quality, and fit
r ,
Low Offices of [f
rns.Walker G Grell -9—
—
.80 Utah Street
Francisco.U 94103 _
I and safe for the purpose for which it was designed; manufactured,
2 sold and intended, and free from all defects. In reliance thereon,
3 the aircraft defendants named herein, or one or more of them, did
4 purchase. or otherwise acquire an interest in said aircraft and
5 component parts and used it for the purpose for which intended.
6 27. Said defendants, and each of them, breached the war-
7 ranties as set forth above, in that said aircraft, its engines and
8 component parts were not in fact airworthy nor of merchantable qual-
9 ity, nor fit nor safe for the use and purpose for which designed,
10 manufactured, assembled, sold and intended.
11 28 . Said Beech Baron aircraft, its engines and component
12 parts were defective, both in design and manufacture, and on account
13 of inadequate instructions and warnings , as of the time it was
14 placed into the stream of commerce by the defendants and each of
15 them. As a legal and proximate result of said defectiveness , the
16 aircraft was caused to and did crash into the Sun !Valley Mall as
17 hereinabove alleged.
18 29 . Said defendants , and each of them, were also negli-
19 gent in and about the design, construction, manufacture, sale and
20 distribution of the said Beech Baron aircraft, its engines and com-
21 ponent parts , and such negligence was also a contributing legal and
22 proximate cause of the events and circumstances complained of
23 herein.
24
25 (B) As to the product defendants the Jeppessen Sanderson
26 Company and Does 376 through 400 :
27 30. These defendants prepared, compiled, disseminated and
28 placed into the stream of commerce certain written and printed
29 information about airfields such as Buchanan Field and surrounding
30 and adjacent conditions , commonly known as approach plates or airway
31 charts, which purported to give operators of aircraft accurate
32 information concerning many of the specifics of any given airport,
33 including the proper approach thereto and any hazards, dangers or
34 obstructions that might ordinarily be encountered.
35 31. Said approach plates or airway charts were-products,
36 Created by these defendants who were in the business of distributing
Lai.Offices of
ms.Walker G Grell _10-
180
10-
180 Wh Street
Francisco.U 94103
I ,I
I
. i
I such, and were placed into the stream of commerce by these defen-
2 dants . The approach plates or airway charts with respect to
3 Buchanan Field Airport were defective in design and manufacture and
4 did not meet reasonable consumer expectations as to the accuracy
5 thereof in that they did not accurately depict the.; hazards and-other
6 conditions about and near the Buchanan Field Airport that might be
7 dangerous , confusing or deceptive to aircraft attempting to land at
8 Buchanan Field under conditions of low visibility. This defect con
-
9 tributed as a proximate and legal cause of the aircraft in question
10 crashing into the Sun Valley Shopping Mall .
11 32 . These defendants were also negligent in and about the
12 compilation, preparation, sale and dissemination df the approach
13 plates and airway charts for Buchanan Field Airport in that they
14 were deficient in the same manner and particulars as set forth in
15 paragraph 25 above. This negligence also contributed as a proximate
16 and legal cause of the aircraft in question crashing into the Sun
17 Valley Shopping Mall .
18
19 (C) As to the product defendants Teledyne Continental Motors,
20 a division of Teledyne Industries , and Jeppessen Sanderson Company:
21 33 . As to such complaints wherein said defendants were
22 not specifically named initially, a cause of action was stated
23 against each of them as a fictitiously named defendant. In such
24 complaints, the plaintiff (s) did not designate such defendant spe-
25 cifically because he or she or they were, at the time of such origi-
26 nal filing of the complaint, ignorant and not fully aware of either
27 the identity, capacity, connection of said defendants with the
28 events and circumstances set forth herein, or the legal basis under-
29 lying the liability of such defendants. As to such cases, a list of
30 the fictitious designation is contained in the Appendix hereto.
31 WHEREFORE, judgment is prayed as follows :
32 1. For a determination of the liability of the various
33 defendants, as identified herein, as to the plaintiffs in 'this con-
34 solidated master complaint;
35 2. For a determination and award of the damages sus-
36 t-eined by the plaintiffs who are parties to this complaint;
_&W Offices of
is.Walker L GreO —11-
90 Utah Street
rancrsco.CA 94103
I
: 1 3 . For punitive damages as may be established by proof
2 and may be appropriate under the law;
3 4 . For costs of suit; and
4 - 5. For such other and further relief as may he deemed
5 proper by the Court.
6
7 DATED: June 1 , 1987 LIAISON COUNSEL FOR PLAINTIFFS AND
PLAINT/YFFS ' STEERING C014MITTEE
8
9
10 By
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26 .
27
28
29
30
31
32
33
34
35
36 H0187/1611An
Lar Offices of
ns.Walker L Grell —12—
AO
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30 W Street
ancisco•U 94;03
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• 1
2 PROOF OF SERVICE BY MAIL - CCP 1013a , 2015 . 5
3
4
I declare that :
5
6 I am employed in the County of San Francisco , California .
7 I am over the age of eighteen years and not a party to the
8
9 within cause , my business address is : 280 Utah Street ,
10 San Francisco , California .
11 On June 9 , 1987 , I served the within MASTER CONSOLIDATED
12
COMPLAINT FOR DAMAGES ON BEHALF OF PERSONAL INJURY AND
13
14 WRONGFUL DEATH PLAINTIFFS on the parties named below in said
15 cause , by placing a true copy thereof enclosed in a sealed
16
17 envelope with postage thereon fully prepaid , in the United
18 States mail at San Francisco , California , addressed as
19 follows :
20
21
22 SEE ATTACHED LIST (S)
23
24
I declare under penalty of perjury that the foregoing is
25
26 true and correct , and that this declaration was executed on
27 June 9, 1987 at San Francisco , California .
28
29
30 +/
AMY L. PATTERSON
31
32
33
34
35
36
Law Offices of
ns.Welker L Grell
'80 Utah Sveel
'rencuco.U 94103
h7.ILlidr,/FZ LICF, LIST .2`EEi:J;...tr, CClr,hl �.I.i,cyrlP5
Richard E. Brown , Esq.
Law Offices of
Melvin M. Belli , Sr .
722 Montgomery Street
San Francisco , CA 94111
Joe R. McCray, Esq.
A Law Corporation
433 Turk Street
San Francisco, CA 94102
Ralph W. Bastion, Jr . , Esq.
Walkup, Shelby, Bastion ,
Melodia, Kelly & O' Reilly ,
The Hartford Building , 30th F1
650 California Street
San Francisco , CA 94108
Michael B. Moore, Esq.
Cartwright , Slobodin , Bokelman ,
Borowsky, Watnick, Moore ,
& Harris , Inc.
101 California St . , .26th Floor
San Francisco , CA 94111
John E. Skeath , Esq.
Miller , Hinkle , Barry & Skeath
2007 West Hedding Street
San Jose, CA 95128
3/23/87
Sunvally 1636x. frm
Y�Z.I L I -i O/S Z RV ICL LIST STEEPI:fG C01/1•1 1-122•!BErS
Richard E. Brown , Esq.
Law Offices of
Melvin M. Belli , Sr .
722 Montgomery Street
San Francisco , CA 94111 i
Joe R. McCray, Esq.
A Law Corporation
433 Turk Street
San Francisco , CA 94102
Ralph W. Bastion, Jr . , Esq.
Walkup, Shelby, Bastion ,
Melodia, Kelly & O' Reilly ,
The Hartford Building , 30th F1
650 California Street
San Francisco , CA 94108
Michael B. Moore, Esq.
Cartwright , Slobodin , Bokelman ,
Borowsky, Watnick , Moore,
& Harris , Inc.
101 California St . , 26th Floor
San Francisco , CA 94111
John E. Skeath , Esq.
Miller , Hinkle , Barry & Skeath
2007 West Hedding Street
San Jose, CA 95128
3/23/87
Sunvally 16.36a. frm
UNVALLEY- AIECRASH CASES
JUDICIAL COUNCIL COORDINII.TION PROCEEDING NO. 2026
• MAILING/SERVICE LIST LIAISON COUNSFL
Clinton Coddington , Esq.
Coddington , Hicks & Danforth
3000 Sand Hill Road
Building 1 , Suite 185
Menlo Park , CA 94025
William H. Owen , Esq.
Owen , Melby & Rohlff
700 Jefferson Avenue
Second Floor
Redwood City, CA 94063
Timothy Abel , Esq.
Abel & Abel
22300 Foothill Boulevard
Suite 501
flayward , Ca 94540-3128
v.
w.
3/23/87
, Sunvally 1636f. fkm
( .. . . l 6
. .� � l : � .
N-AILI;iC;/SZP.VIC2" LIST STEEPING C0771, r•IilEEr.S
Richard E. Brawn , Esq.
Law Offices of
Melvin M. Belli , Sr .
722 Montgomery Street
San Francisco , CA 94111 j
Joe R. McCray, Esq.
A Law Corporation
433 Turk Street
San Francisco , CA 94102
Ralph W. Bastion , Jr . , Esq.
Walkup, Shelby, Bastion ,
Melodia , Kelly & O' Reilly ,
The Hartford Building , 30th F1
650 California Street
San Francisco , CA 94108
Michael B. Moore, Esq.
Cartwright , Slobodin , Bokelman ,
Borowsky, Watnick, Moore,
& Harris , Inc.
101 California St . , . 26th Floor
San Francisco , CA 94111
John E. Skeath, Esq.
Miller , Hinkle , Barry & Skeath
2007 West Hedding Street
San Jose , CA 95128
3/23/87
Sunvally 1636a. frm
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7 a'
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT 0 C t o b er 13 , 1 ti7
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: LINDA MAGEEAN County Couns
c/o Gordon D. McAuley, Esq.
ATTORNEY: Reisinger & Rogers Sr P 11 1987
950 Nortbgate Drive #200 Date myy�Z � �45�ptember 4 1987
ADDRESS: Sari Rafael , CA 94903 • BY DELIVERY CL K
BY MAIL POSTMARKED: not legible
Certified P 117 023 553
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. -
DATED: September 11 , 1987 fibIL ELOR, Clerk
gATCHs �
: 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: 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
1< This Claim is rejected in full .
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
O
Dated: CT 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.
Dated: OCT 16 X981 BY: PHIL BATCHELOR by0J1Aa&J)eputy Clerk
CC: County Counsel County Administrator
I Gordon D. McAuley
REISINGER & ROGERS
2 950 Northgate Drive, Suite 200 C ��,CL�
San Rafael, California 94903
Telephone: (415) 499-1033
1987
3 Attorneys for Claimant, ./If ;
4 LINDA MAGEEAN r� s,, on s
5
6
7
8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA
9 STATE OF CALIFORNIA
10
o I1 IN THE MATTER OF THE CLAIM OF )
w LINDA MAGEEAN, )
O a 12 Claimant, ) CLAIM FOR INDEMNITY
i > ¢ s )
`ZS > a 13 VS.
)
)
U s 14 COUNTY OF CONTRA COSTA, )
zQ )
Uz 15
Respondent. )
w
oG a )
16
17
18 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA:
19 LINDA MAGEEAN hereby presents her claim to the COUNTY OF
20 CONTRA COSTA pursuant to California Government Code Section
21 910. 4 .
22 1. The name and post office address of the claimant is as
follows:
23 LINDA MAGEEAN
24 c/o Reisinger & Rogers
Attn: Gordon D. McAuley
25 950 Northgate Drive, Suite 200
San Rafael, California 94903
26
r
Page 1
1 2 . The post office address to which claimant desires
notice of this claim to be sent is as follows:
2
Gordon D. McAuley, Esq.
3 REISINGER & ROGERS
950 Northgate Drive, Suite 200
4 San Rafael, California 94903
5 3 . The date, place and other circumstances of the occur-
6 rence or transaction which gives rise to this claim:
On December 23, 1985, in the City of Concord, County of
7 Contra Costa, California, James M. Graham, John, Frederick Lewis
and Brian Ward Oliver were occupants of a Beechcraft aircraft,
6 when that aircraft crashed while attempting a landing at the Con-
cord Buchanan Field Airport. All three occupants of the airplane
9 were killed, as were several shoppers at the Sun Valley Mall, lo-
cated in the City of Concord, County of Contra Costa, California.
10 Numerous people were also injured in that air crash, and substan-
tial property damage was also occasioned by the crash.
0 11
4 . On June 1, 1987, a Master Consolidated Complaint was
O 12 filed in the Superior Court of the State of California, in and
; Q o for the County of Contra Costa, under the Judicial Counsel Coor-
` > o T 13 dination Proceeding No. 2026. (See attached Exhibit. ) That
E � pleading has named LINDA MAGEEAN as a defendant to the action.
U tx 14 The Complaint alleges in general terms that LINDA MAGEEAN
Z ¢ = , " . . . [ha]s either an ownership or other proprietary interest in
o 1' the above-described Beech Baron aircraft, or [was] otherwise
16 responsible for the maintenance, service, repair, inspection
and/or operation of said aircraft, or otherwise participated in
such. The Complaint further alleges that LINDA MAGEEAN was
l� negligent in the matters set forth in the preceding sentence.
The Master Consolidated Complaint has not yet been served on
18 LINDA MAGEEAN, but her counsel is aware of its existence and an-
ticipates the Complaint may be served on LINDA MAGEEAN within a
19 short time.
20 5. The COUNTY OF CONTRA COSTA is responsible for the
21 design, construction, maintenance, operation, and certification
of the Concord Buchanan Airport and control of its use. The
22 COUNTY OF CONTRA COSTA is further responsible for the certifica-
tion, permission, approval, and the provision of zoning and or-
23 dinances permitting the construction of the Sun Valley Mall, at-
tracting a great number of persons, in close proximity to the
24 Buchanan Airport, and below and directly within a heavily
traveled air corridor in the vicinity of the airport.
25 6. If, in fact, the plaintiffs in the Master Consolidated
26 Complaint for Personal Injury and Wrongful Death Plaintiffs sus-
tained damages as alleged, those damages were caused by the
Page 2
I primary and active negligence or other fault of the COUNTY OF
CONTRA COSTA. LINDA MAGEEAN, therefore, alleges that she is en-
2 titled as a matter of law to indemnity from the COUNTY OF CONTRA
CO-STA for any judgment or settlement in favor of plaintiffs in
the Master Consolidated Action, together with claimant' s
3 attorneys' fees and costs.
4 7 . If LINDA MAGEEAN is liable to the plaintiffs in the
5 Master Consolidated Action, it will be because of the comparative
negligence or other fault of the COUNTY OF CONTRA COSTA. Accord
-
6 ingly, LINDA MAGEEAN alleges that the COUNTY OF CONTRA COSTA is
required by law to contribute to .the amount of any judgment or
settlement in favor of the plaintiffs listed in the Master Con-
solidated Action, in accordance with the comparative degree and
8 nature of its fault in causing plaintiffs ' damages, if any, and
is required to reimburse, indemnify and hold LINDA MAGEEAN harm-
9 less for the amount of any such judgment or settlement which is
in excess of LINDA MAGEEAN's proportional share, if any, as
determined by the comparative degree and nature of the respective
10 fault in causing plaintiffs' damages, of any.
o it 8 . As of the date of the filing of this claim, the extent
of the damages and injuries incurred by plaintiffs in the above-
12 mentioned action is unknown to LINDA MAGEEAN, and will be deter-
�S > < 2 13 mined in the pending Master Consolidated Action.
LU rU E 9. At the present time, the identity of the employee or
U < L C � 14
z ¢ = C employees of the COUNTY OF CONTRA COSTA who caused the creation
and continued existence of the aforementioned dangerous condi-
�' z (A. 15 tions is unknown to claimant.
w
oG �
16 10. At the time of the presentation of this claim, LINDA
MAGEEAN seeks the total amount of potential recovery by plain-
17 tiffs in the Master Consolidated Action, the total amount of
which is presently unknown to LINDA MAGEEAN. LINDA MAGEEAN fur-
18 ther seeks recognition of the duty of the COUNTY OF CONTRA COSTA
to provide a defense to, and indemnify LINDA MAGEEAN for any and
19 all damages, costs, and attorneys' fees she may suffer as a
20 result of the Consolidated Master Complaint against LINDA
MAGEEAN, in the Superior Court of the State of California, in and
21 for the County of Contra Costa, under Judicial .Counsel Coordina-
tion Proceeding No. 2026.
22 DATE: `"'I ,'� 1 REISINGER & ROGERS
23
24
25 GORDOV D. Mc LEY
Attorney for Claimant, LINDA
26 MAGEEAN
Page 3
1 PROOF OF SERVICE
2
(CCP Sections 1013a, 2015. 50)
3 I declare that:
4 I am employed in the County of Marin, State of California.
5 I am over the age of 18 years and am not a party of the
6 within entitled cause; my business address is 950 Northgate
7 Drive, Suite 200, San Rafael, California 94903 .
8 On September 2, 1987, I served the attached CLAIM OF INDEM-
9 NITY OF LINDA MAGEEAN on the parties in said cause by placing a
10 true copy thereof enclosed in a sealed envelope with postage
0 thereon fully prepaid, in the United States mail at San Rafael,
11
U � � Marin County, California addressed as follows:
0 3 �, 12
2 ' Q o
a 13 Clerk of the Board of Supervisors
E County of Contra Costa
U c2 :� 14 651 Pine Street
7-
Z
15 Martinez, CA 94553
oG �
16
17 I declare under penalty of perjury under the laws of the
18 State of California that the foregoing is true and correct, and
19 this was executed on September 2 , 1987 at San Rafael, California.
20
21
22 Gretchen A. Freeman
23
24
25
26
Page 4
1 Liaison Counsel for Plaintiffs: - L�
F 0
LS D
2 GERALD C. STERNS
3 LAW OFFICES OF IUPC 11987
4 STERNS, WALKER & GRELL
280 Utah -Street J. R. WizjIV, County Clerk
5 San Francisco, CA 94103 CONTRA COSTA COUNTY
6 Telephone: (415) 626-1000
7 Plaintiffs ' Steering Committee :
8 RALPH W. BASTIAN, JR. RICHARD E. BROWN
9 WALKUP, SHELBY, BASTIAN, MELODIA, LAW OFFICES OF
10 KELLY & O'REILLY MELVIN M. BELLI, SR.
650 California Street, 30th Floor 722 Montgomery Street
11 San Francisco, CA 94108 San Francisco, CA 94111
12 Telephone: (415) 981-7210 Telephone: (415) 981-1849
13 JOE R. McCRAY MICHAEL MOORE
14 A LAW CORPORATION CARTWRIGHT, SUCHERMAN &
433 Turk Street SLOBODIN.
I15 San Francisco, CA 94102 101 California Street,
16 Telephone : (415) 775-3900 26th Floor
San Francisco, CA 94111
17 JOHN E. SKEATH Telephone: (415) 433-0440
118 MILLER & HINKLE
2007 West Hedding Street
119 San Jose, California 95128
20 Telephone : (408) 296-4216 SUMMONS ISSUED
21
22 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
23 IN AND FOR THE COUNTY OF CONTRA COSTA
24
25
I
126 Coordination Proceeding ) JUDICIAL COUNCIL COORDINATION
27 Special Title (Rule 1550 (b) ) ) PROCEEDING
NO. 2026 �-
28 )
29 SUN VALLEY AIR CRASH CASES ) MASTER CONSOLIDATED COMPLAINT
FOR DAMAGES ON BEHALF
30 ) OF ALL PERSONAL INJURY AND
31 ) WRONGFUL DEATH PLAINTIFFS
32 )
33 `
34 COME NOW the personal injury and wrongful death plaintiffs
35 and pursuant to Leave of Court and for a Master Consolidated
36 /71/
rW Offices of EXHIBIT,
t,walker 6 creu
0 0A Street
tnctsco.U 94103
1
r) �
I Complaint for damages in the above-entitled Coordination Proceeding
2 do allege as follows: i
3
4 - GENERAL ALLEGATIONS
5
6 1. Parties Plaintiff:
7 This Master Consolidated Complaint is filed on behalf of
8 all personal injury and wrongful death plaintiffs having causes of
9 action arising out of the Sun Valley Mall air disaster of Decem-
10 ber 23, 1985, who have heretofore filed complaints for damages in
11 the Superior Court, and supercedes the allegations therein. These
12 allegations relate back to the time of filing of such individual
13 complaints. The identity and capacity of the parties plaintiff is
14 incorporated from each complaint heretofore filed which are listed
15 in the Appendix to this Master Consolidated Complaint.
16
17 2. Parties Defendant:
18 The defendants in this matter, for the purposes of this
19 Complaint, are grouped and identified as follows :
20
21 "Property Defendants" :
22 Sun Valley Associates, dba, Sun Valley Mall Shopping
23 Center;
24 The Taubman Co. , Inc. , a Michigan Corporation;
25
26 Wells Fargo Bank, as Trustee and Successor-in-interest to
the Taubman, Co. , Inc. ;
27
28 R.H. Macy & Co. , Inc. is
29 Does 1 through 100.
30 "public Entity Defendants" :
31
32 County of Contra Costa
33 City of Concord •
34 City of Pleasant Hill
35
36w Does 101 through 2.00.
f
JW Offices Of
is.Walker L Grell —2-
80(hah Street
iannsco.U 94103
"Aircraft Defendants" :
2 Estate of James Mountain Graham, deceased;
3
4 _ Ark Distributing Company, Inc. , a California corporation;
5 James Mageean;
6 Linda Mageean;
7 _
8 General Aviation Services
9 General Air Services , Inc.
10 Reliant Aviation;
11
12 Nancy Hartshorn;
13 Francis DeRenzi;
14 Nancy Hartshorn;
15
16 Reliant Aviation;
17 Diablo Aviation;
18 L. Lee Kaufthiel;
19
20 Anthony Mageean;
21 Does 201 through 300 .
22
23 "Product Defendants" :
24 Beech Aircraft Corporation, a division of the Raytheon
25 Company;
26
Beechcraft West, a California corporation;
27
28 Teledyne Continental Motors, a division of Teledyne
Industries (initially sued as a fictitiously named
29 defendant in some cases) ;
30 The Jeppessen Sanderson Co. (initially sued as a ficti-
31 tiously named defendant) ; and
32 Does 301 through 400 .
33 •
34 3. Vicarious Liability:
35 Plaintiffs allege vicarious liability against each and all
36 o`f the defendants named herein on all theories available and as may
Law Olftces of
ns.Walker G Grell —3—
!80 Utah Street
ranasco.U 94103
1 be developed by the proof, including agency, joint venture, alter
2 ego, respondeat superior, or otherwise, and allege that each of the
3 defendants named herein is vicariously responsible for the acts and
4 omissions of each of the remaining defendants, within their
5 respective groups .
6
7 4 . Fictitiously Named Defendants :
8 The defendants. designated herein as Does 1 through 400 ,
9 inclusive , and each of them, are sued by such fictitious names
10 because either their identity, capacity, connection with the events
11 and circumstances set forth herein, or the legal basis underlying
12 their liability is not presently fully known to the plaintiffs .
13 Each of said fictitiously named defendants is liable in some form or
14 manner to the plaintiffs herein for the events and circumstances set
15 forth, and contributed in some manner to the injuries and damages
16 sustained.
17
18 5. Injuries , Damages and Causation :
19 Each of the plaintiffs herein has sustained injury and
20 damages proximately and legally as a result of the acts, omissions
21 or other breach of duty by one or more of the defendants herein.
22 The allegations of such injury and damages as set `forth in the indi-
23 vidual complaints listed in Appendix A are incorporated herein by
24 reference, and additionally, such plaintiffs seek damages as may be
25 appropriate and sustained by the proof for (1) general damages;
26 (2) loss of consortium; (3) negligently inflicted :emotional distress
27 to include Dillon v. Legg cases and similar claims; (4) intentional
28 infliction of emotional distress ; (5) damages for .wrongfut' death,
29 both economic and. otherwise; (6) surviving damages under Probate
30 Code §583; and (7) damages for apprehension of death' or injury prior
31 to impact.
32
33 6 . General Facts Giving Rise To Liability: -
34 On or about December 23, 1985, a Beech Baron aircraft,
35 Model 95A-55, bearing U.S. registration number N1494G, crashed into
36 the Sun Valley Shopping Mall"while apparently attempting to land in
Law Of kes of
ns.Walker G Grell —4—
'80
4—
'80(heh Sueel
'renasco.U 94103
1 conditions of impaired visibility at Buchanan Field, located in the
2 City of Concord, and/or Pleasant Hill, Contra Costa County,
3 California. The aircraft was being permissibly operated by James
4 Mount-ain _Graham, now deceased, and Graham and the "aircraft defen-
5 dants" with the exception of defendant General Air Service, had, in
6 some manner, some form of ownership or proprietary interest in said
7 aircraft. Defendant General Air Service had performed some mainte-
8 nance, service, inspection and/or repair on the aircraft prior to
9 the accident. As a result of the aircraft crashing into the Sun
10 Valley Shopping Mall, extensive damage was done and there were
11 numerous personal injuries and wrongful deaths , as is more specifi-
12 cally alleged in the individual complaints.
13
14 ALLEGATIONS AS TO THE PROPERTY DEFENDANTS
15
16 7. These Defendants , and each of them, conceived,
17 planned, designed, engineered, constructed, created, managed, placed
18 into the stream of commerce, and operated and controlled, a public
19 shopping center or mall, including the buildings and the materials
20 used in the construction thereof. This shopping mall is known as
21 The Sun Valley Mall Shopping Center and is located at One Sun Valley
22 Mall in the City of Concord and/or the City of Pleasant Hill, Contra
23 Costa County, State of California.
24 8 . Said defendants selected and obtained the site of the
25 shopping center from available and inexpensive land in close proxim-
26 ity to the existing Buchanan Field Airport, knowing that its close
27 proximity would place the shopping center in a heavily trafficked
28 air corridor, under the foreseeable and probable flight path of air-
29 craft on a regular and ongoing basis , and therefore at an unreason-
30 able risk. Said defendants knew or should have known that airport
31 traffic at Buchanan was increasing and would continue to increase,
32 and that the increase in traffic was encouraged and accelerated by
33 public officials . Despite that knowledge, warnings, and protests
34 concerning the location and proliferation of such high density
35 structures near the airport, said defendants knowingly loq-ated the
36 h//
e
_ar Offices of
,s.walker&Orell —5—
80 Wh sueet
rancrsco.G 94103
II
• � I
• i
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I center in a zone of danger and designed it to attract large numbers
2 of the public.
3 9 . In so designing and locating the shopping center,
4 defendants also knew that large concentrations of people -would be a
5 the center in times of predictable and foreseeable inclement -
6 weather, including conditions of reduced visibility from the air by
7 reason of fog, rain, mist and otherwise . Said defendants knew or
8 should have known that under circumstances of impaired visibility,
9 aircraft could and, in all probability, would, deviate from an
10 intended flight path in close proximity to the shopping mall and
11 thereby create a foreseeable risk of major disaster.
12 10 . Said defendants also planned, designed, constructed
13 and maintained the shopping center in a manner that was in addition
14 to the dangerous proximity to Buchanan Field, dangerous , hazardous
15 and confusing to air traffic attempting to use the field.
16 11 . Said defendants , and each of them, were in the busi-
17 ness of creating and placing into the stream of commerce shopping
18 facilities , including the buildings and components thereof, for the
19 purpose of the mass merchandising of goods and services to the pub-
20 lic . The defendants created the Sun Valley Shopping Mall as allegedi
21 above, as a commercial venture, knowing and intending that the shop-
22 ping center would be frequented by large numbers of the public for
23 commercial purposes . At the time said defendants placed the
24 shopping center in question into the stream of commerce, it was
25 defective and unsafe for its intended purposes and did not meet rea-
26 sonable consumer expectations of safety. In addition to the dangers
27 of the location, construction and design of the center as set forth
28 above, inadequate provisions had been made for the safety .bf patrons
29 and visitors thereto, not only with respect to the probability of an
30 accident occurring involving an aircraft attempting to land at the
31 Buchanan Field, but additionally with respect to the consequences of
32 such an accident or other disaster, including lack of warning, crowd
33 control, disaster plan, escape routes, fire retardation, structural
34 safety and other matters .
35 12. These defendants were negligent in failing-to have
36 and implement a proper disaster or survival or emergency plan in
r
Law Offices of .
'ns.Welker G Grell L L—
'80 Wh Street
=rencuco.U 94103
`i
1
I view of foreseeable calamities that could pose a threat to the
2 safety of large numbers of persons in and about the said shopping I
3 mall, and were negligent in failing to carry out such plan to mini- i
4 mize injury and damage to persons or property after. the aircraft
5 impacted the shopping center as aforesaid.
6 13. Said defendants, in planning, creating, locating,
7 constructing and maintaining the shopping center as alleged, were
8 negligent, and further acted with conscious disregard to the public
9 safety and to the probable consequences of the location and nature
10 of the shopping center in that, among other things,- said defendants
11 had to know of: the danger of high concentration of person and
12 buildings in a heavily trafficked air corridor in close proximity to
13 Buchanan Field; the inevitability of aircraft attempting to navigate
14 near said field under impaired conditions of visibility; potential
15 confusion on the part of pilots attempting to land at Buchanan
16 Field; and of the increasing use of the shopping center as popula-
17 tion expanded, coupled with increasing traffic at the Field. These
18 defendants acted maliciously, wantonly, and willfully and in such
19 manner as to make them liable for punitive and exemplary damages .
20
21 ALLEGATIONS AS TO THE PUBLIC ENTITY DEFENDANTS
22
23 14 . These defendants negligently permitted, allowed and
24 encouraged the construction of the Sun Valley Shopping Mall as
25 alleged above with respect to the "property defendants, " and in
26 close proximity to an existing airport and heavily trafficked air
27 corridors . In so doing, they created and maintained a dangerous and
28 hazardous condition and created confusion and deceptive circum
29 stances to any aircraft attempting to land at Buchanan Field under
30 conditions of impaired visibility.
31 15. These defendants were further negligent in permit-
32 ting, encouraging and ratifying the increased use of the Buchanan
33 Field Airport and the continued growth and building in close proxim-
34 ity to said airport to the point that the density, of aircraft activ-
35 ity exceeded the reasonable capacity of such airport and the safe
36 1-imits of air traffic.
e
Law Offices of
"S.Welker G Grell —7—
:BO W,sveet
rancrsco.CA 94103
1 16. These defendants owned and controlled the Buchanan
2 Field Airport and areas adjacent thereto, and said areas were and
3 are public property.
4 - 17. These defendants negligently failed „to properly
5 supervise and control aircraft operations, including take-offs - and
6 landings from and to Buchanan Field Airport under dangerous or haz-
7 ardous conditions , including conditions of limited visibility such
8 as obtained on the evening of December 23, 1985.
9 18 . These defendants negligently failed to assess the
10 potential consequences of a changed approach pattern for aircraft to
11 Buchanan Field Airport, and failed adequately to disseminate infor-
12 mation about the changed approach pattern or to make any warnings
13 with respect thereto.
14 19 . These defendants were negligent in the ratification
15 and approval of the placement and construction of the Sun Valley
16 Mall in its location in close proximity to Buchanan Field Airport
17 and in the heavily trafficked air corridors and foreseeable flight
18 path of aircraft using Buchanan Field Airport, in the manner and
19 particulars alleged as to the property defendants above.
20 20 . These defendants were negligent in and about the
21 planning, approval and inspection of the buildings and structures
22 which comprise the Sun Valley Mall, in that inadequate fire, escape
23 and survivability .standards with respect to said shopping mall were
24 applied or required.
25 21 . The aforementioned public property under the juris-
26 diction, supervision and control of these defendants was also
27 created and maintained in a dangerous condition that created a fore-
28 seeable and substantial risk of harm to the public when the property
29 was used with due care. These defendants also knew or should have
30 known of the above dangerous and defective conditions of the public
31 property for a substantial period of time prior to December 23,
32 1985 , and for long enough prior to said date that said defendants
33 could have remedied the condition or given adequate warning thereof.
34 These defendants also created and maintained a public and private
35 nuisance with respect to the design, construction and location of
36 the Sun Valley Shopping Center and its continued operation in close
Law Offices of 66
ns.Walker G Grell -8—
30(hah Street
'rancuco.G�94103
r
i
I proximity to the Buchanan Field Airport with the known and potentia
2 dangers as alleged herein.
3 22. Prior to the commencement of the individual actions,
4 timely- and appropriate claims were filed with the various entity
5 defendants named herein with regard to all causes of action upon
6 which plaintiffs filing claims intend to proceed. The filing of
7 such claims and the rejection or inaction with respect to said
8 claims is set forth in the Appendix appended to this Complaint and
9 incorporated herein by reference. .
10
11 ALLEGATIONS AS TO THE AIRCRAFT DEFENDANTS `
12
13 23. At all times herein mentioned, these defendants and
14 each of them have either an ownership or other proprietary interest
15 in the above-described Beech Baron aircraft or were otherwise
16 responsible for the maintenance, service, repair, inspection and/or
17 operation of said aircraft or otherwise participated in such.
18 24 . These defendants and each of them were negligent
19 about the matters set forth in paragraphs 6 and 23 above so as to
20 cause and contribute to the crash of the Beech Baron aircraft into
21 the Sun Valley Shopping Mall.
22
23 ALLEGATIONS AS TO THE PRODUCT DEFENDANTS
24
25 (A) As to the Product Defendants, except the Jeppessen
26 Sanderson Company and Does 376 through 400 :
27 25. These defendants , and each of them, were engaged in
28 the business of designing, manufacturing, distributing ani'/or sell-
29 ing airplanes and air frames (including component parts) , and air-
30 craft engines and the component parts thereof, and each of said
31 defendants designed, manufactured, distributed, sold and/or other-
32 wise placed into the stream of commerce the said Beech Baron air-
33 craft and/or its engines and component parts.
34 26 . Said defendants, and each of them, expressly or
35 impliedly warranted that the said aircraft, its engines aqd
36 component parts were airworthy and of merchantable quality, and fit
r
Law Offices of
ns.Walker 6 Grell —9—
'80 Utah street
rancrsco.CA 94103
I and safe for the purpose for which it was designed, manufactured,
2 sold and intended, and free from all defects. In reliance thereon, '
3 the aircraft defendants named herein, or one or more of them, did
4 purchase or otherwise acquire an interest in said aircraft and i
5 component parts and used it for the purpose for which intended, �
6 27. Said defendants, and each of them, breached the war-
7 ranties as set forth above, in that said aircraft, its engines and i
8 component parts were not in fact airworthy nor of merchantable qual-
9 ity, nor fit nor safe for the use and purpose for which designed,
10 manufactured, assembled, sold and intended.
11 28 . Said Beech Baron aircraft, its engines and component
12 parts were defective, both in design and manufacture, and on account
13 of inadequate instructions and warnings , as of the time it was
14 placed into the stream of commerce by the defendants and each of
15 them. As a legal and proximate result of said defectiveness , the
16 aircraft was caused to and did crash into the Sun Valley Mall as
17 hereinabove alleged.
18 29 . Said defendants , and each of them, were also negli-
19 gent in and about the design, construction, manufacture, sale and
20 distribution of the said Beech Baron aircraft, its engines and com-
21 ponent parts , and such negligence was also a contributing legal and
22 proximate cause of the events and circumstances complained of
23 herein.
24
25 (B) As to the product defendants the Jeppessen Sanderson
26 Company and Does 376 through 400 :
27 30 . These defendants prepared, compiled, disseminated and
28 placed into the stream of commerce certain written and printed
29 information about airfields such as Buchanan Field and surrounding
30 and adjacent conditions , commonly known as approach plates or airway
31 charts, which purported to give operators of aircraft accurate
32 information concerning many of the specifics of any given airport,
33 including the proper approach thereto and any hazards, dangers or
34 obstructions that might ordinarily be encountered.
35 31 . Said approach plates or airway charts were products,
36 Created by these defendants who were in the business of distributing
Lair Offices of
ms.Walker G Greif _10—
'90(her,Sueet
r renctsco.U 94103
I
• I r
1
I such, and were placed into the stream of commerce by these defen-
2 dants. The approach plates or airway charts with respect to
3 Buchanan Field Airport were defective in design and manufacture and
4 did not meet reasonable consumer expectations as to the accuracy
5 thereof in that they did not accurately depict the hazards and -other
6 conditions about and near the Buchanan Field Airport that might be
7 dangerous , confusing or deceptive to aircraft attempting to land at
8 Buchanan Field under conditions of low visibility. This defect con
-
9 tributed as a proximate and legal cause of -the aircraft in question
10 crashing into the Sun Valley Shopping Mall.
11 32 . These defendants were also negligent in and about th
12 compilation, preparation, sale and dissemination of the approach
13 plates and airway charts for Buchanan Field Airport in that they
14 were deficient in the same manner and particulars as set forth in
15 paragraph 25 above. This negligence also contributed as a proximate
16 and legal cause of the aircraft in question crashing into the Sun
17 Valley Shopping Mall .
18
19 (C) As to the product defendants Teledyne Continental Motors,
20 a division of Teledyne Industries , and Jeppessen Sanderson Company:
21 33 . As to such complaints wherein said defendants were
22 not specifically named initially, a cause of action was stated
23 against each of them as a fictitiously named defendant. In such
24 complaints , the plaintiff (s) did not designate such defendant spe-
25 cifically because he or she or they were, at the time of such origi-
26 nal filing of the complaint, ignorant and not fully aware of either
27 the identity, capacity, connection of said defendants with the
28 events and circumstances set forth herein, or the ,legal basis under-
29 lying the liability of such defendants. As to such cases, a list of
30 the fictitious designation is contained in the Appendix hereto.
31 WHEREFORE, judgment is prayed as follows :
32 1 . For a determination of the liability of the various
33 defendants, as identified herein, as to the plaintiffs in 'this con-
34 solidated master complaint;
35 2. For a determination and award of the damages sus-
36 treined by the plaintiffs who are parties to this complaint;
.w Offices of
.s.walker G Greu -11-
30 WA Street
rencuco.CA 94103
. � 1
1 3. For punitive damages as may be established by proof
2 and may be appropriate under the law;
3 4 . For costs of suit; and
4 5. For such other and further relief as may he deemed
5 proper by the Court.
6
7 DATED: June 1 , 1987 LIAISON COUNSEL FOR PLAINTIFFS AND
PLAINTIFFS ' STEERING C014MITTEE
8
9
10 By
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21
22
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36 H0187/1611An
Law Offices of
ns.Walker G Grell —12-
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• 1
2 PROOF OF SERVICE BY MAIL - CCP 1013a , 2015 . 5
3
4 -
I declare that :
5
6 I am employed in the County of San Francisco , California .
7 I am over the age of eighteen years and not a party to the
8
9 within cause , my business address is : 280 Utah Street ,
10 San Francisco, California .
11 On June 9 , 1987 , I served the within MASTER CONSOLIDATED
12
COMPLAINT FOR DAMAGES ON BEHALF OF PERSONAL INJURY AND
13
14 WRONGFUL DEATH PLAINTIFFS on the parties named below in said
15 `�
cause , by placing a true copy thereof enclosed in a sealed
16
17 envelope with postage thereon fully prepaid , in the United
18 States mail at San Francisco , California , addressed as
19 follows :
20
21
22 SEE ATTACHED LIST (S)
23
24
25 I declare under penalty of perjury that the foregoing is
26 true and correct , and that this declaration was executed on
27 June 9, 1987 at San Francisco, California .
28
29
30 +/
AMY L. PATTERSON
31
32
33
34
35
36 _
aW Offices of
is.Welker G Grell
80 Utah Street
rencrsco.U 94103
M-PILI.dr,/SZPViCZ L-TS-T :+TEEP.1;'.rr CC,r,pi %11, BEP.S
Richard E. Brown , Esq.
Law Offices of
Melvin M. Belli , Sr .
722 Montgomery Street
San Francisco , CA 94111 i
Joe R. McCray, Esq.
A Law Corporation
433 Turk Street
San Francisco , CA 94102
Ralph W. Bastion, Jr . , Esq.
Walkup, Shelby, Bastion ,
Melodia , Kelly & O' Reilly ,
The Hartford Building , 30th F1
650 California Street
San Francisco , CA 94108
Michael B. Moore , Esq.
Cartwright , Slobodin , Bokelman ,
Borowsky, Watnick, Moore ,
& Harris , Inc.
101 California St . , .26th Floor
San Francisco , CA 94111
John E. Skeath , Esq.
Miller , Hinkle , Barry & Skeath
2007 West Hedding Street
San Jose, CA 95128
.3/23/87
Sunvally 1636a. frm
'10 2C
X.Z1LIN?7,/SZRVICL LIST TEEPI:fC COP-1-11 _!-!-E•+.ELrS
Richard E. Brown , Esq.
Law Offices of
Melvin M. Belli , Sr .
722 Montgomery Street
San Francisco , CA 94111 i
Joe R. McCray, Esq.
A Law Corporation
433 Turk Street
San Francisco , CA 94102
Ralph W. Bastion , Jr . , Esq.
Walkup, Shelby, Bastion ,
Melodia , Kelly & O' Reilly '
The Hartford Building , 30th F1
650 California Street
San Francisco , CA 94108
Michael B. Moore, Esq.
Cartwright , Slobodin , Bokelman ,
Borowsky, Watnick, Moore,
& Harris , Inc.
101 California St . , :26th Floor
San Francisco , CA 94111
John E. Skeath , Esq.
Miller , Hinkle , Barry & Skeath
2007 West Hedding Street
San Jose, CA 95128
3/23/87
Sunvally 1636a. frm
t UNVALLEY. AIRCRASH CASES (
JUDICIAL COUNCIL COORDINPT.ION PROCEEDING NO. 2026
MAILING/SERVICE LIST LIAISON COUNSFL
Clinton Coddington , Esq.
Coddington , Hicks & Danforth
3008 Sand Hill Road
Building 1 , Suite 185
Menlo Park , CA 94025
William H. Owen , Esq .
Owen , yelby & Rohlff
700 Jefferson Avenue
Second Floor
Redwood City, CA 94063
Timothy Abel , Esq.
Abel & Abel
22300 Foothill Boulevard
Suite 501
Hayward , Ca 94540-3128
3/23/87
Sunvally 1636f. . frm
..'�7.l.7s:. ( �i i �';' .'.i .l.l..:s'ilt� I':.�=:1 r� ; ::�). 2G26
X�ZILILN?,/SErR ICAZ LINT :;'1'EEP.I.'-f , COTTI ►•_Ei!E%F5
Richard E. Brown , Esq.
Law Offices of
Melvin M. Belli , Sr .
722 Montgomery Street
San Francisco , CA 94111 i
Joe R. McCray, Esq.
A Law Corporation
433 Turk Street
San Francisco , CA 94102
Ralph W. Bastion, Jr . , Esq.
Walkup , Shelby, Bastion ,
Melodia, Kelly & O' Reilly ,
The Hartford Building , 30th F1
650 California Street
San Francisco , CA 94108
Michael B. Moore, Esq.
Cartwright , Slobodin , Bokelman ,
Borowsky, Watnick, Moore ,
& Harris , Inc.
101 California St . , 26th Floor
San Francisco , CA 94111
John E. Skeath , Esq.
Miller , Hinkle , Barry & Skeath
2007 West Hedding Street
San Jose , CA 95128
3/23/87
Sunvally 1636a. frm
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CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Clcim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 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".
JAMES NiAGEEAN County Counsel
CLAIMANT: c/o Gordon D. McAuley, Esq.
Reisinger & Rogers Sr P 11. 1987
ATTORNEY: 950 Northgate Drive #200
San Rafael , CA 94903 Da "fhtqC� $ 53Septe>ober 4 , 1987
ADDRESS: BY DELIVERY Tb CL R
BY MAIL POSTMARKED: not legible
Certified P 117 023 553
I. FROM: Clerk of the Board of Supervisors .TO: County Counsel
Attached is a copy of the above-noted claim. -
�dIL BATCHELOR, Clerk
DATED: September 11, 1.987 : 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: f, �� /� BY: Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
} 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: BCT 1 3 1987 PHIL BATCHELOR, Clerk, By OL 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:
OCT 1 6 1987 BY: PHIL BATCHELOR by,44
° Deputy Clerk
CC: County Counsel County Administrator
I Gordon D. McAuley
REISINGER & ROGERS
2 950 Northgate Drive, Suite 200
San Rafael, California 94903 G�I�ED
3 Telephone: (415) 499-1033
Attorneys for Claimant,
4 JAMES MAGEEAN
T
5
6
7
8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA
9 STATE OF CALIFORNIA
10
IN THE MATTER OF THE CLAIM OF )
0 11 JAMES MAGEEAN, )
p3 s 12 Claimant, ) CLAIM FOR INDEMNITY
`?S rCU 13 vs. )
w E )
V s v 14 COUNTY OF CONTRA COSTA, )
zQ J ` )
z v 15
w o Respondent. )
16
17
18 TO THE HONORABLE BOARD OF SUPERVISORS,. COUNTY OF CONTRA COSTA:
19 JAMES MAGEEAN hereby presents his claim to the COUNTY OF
20 CONTRA COSTA pursuant to California Government Code Section
21 910. 4 .
22 1. The name and post office address of the claimant is as
follows:
23 JAMES MAGEEAN
24 c/o Reisinger& Rogers
Attn: Gordon D. McAuley
25 950 Northgate Drive, Suite 200
San Rafael, California 94903
26
r
Page 1
1 2 . The post office address to which claimant desires
2 notice of this claim to be sent is as follows:
3 Gordon D. McAuley, Esq.
REISINGER & ROGERS
4 950 Northgate Drive, Suite 200
San Rafael, California 94903
5 3 . The date, place and other circumstances of the occur-
6 rence or transaction which gives rise to this claim:
On December 23 , 1985, in the City of Concord, County of
7 Contra Costa, California, James M. Graham, John Frederick Lewis
8 and Brian Ward Oliver were occupants of a Beechcraft aircraft,
when that aircraft crashed while attempting a landing at the Con-
9 cord Buchanan Field Airport. All three occupants of the airplane
were killed, as were several shoppers at the Sun Valley Mall, lo-
10 cated in the City of Concord, County of Contra Costa, California.
Numerous people were also injured in that air crash, and substan-
0 tial property damage was also occasioned by the crash.
� 11
w
4 . On June 1, 1987, a Master Consolidated Complaint was
p � �, a' - 12 filed in the Superior Court of the State of California, in and
.
' < 2 for the County of Contra Costa, under the Judicial Counsel Coor-
c Ua 13 dination Proceeding No. 2026. (See attached Exhibit. ) That
pleading has named JAMES MAGEEAN as a defendant to the action.
V
_2 14
14 The Complaint alleges in general terms that JAMES MAGEEAN
Z ¢ 11 . . . [ha]s either an ownership or other proprietary interest in
cn Z N 15 the above-described Beech Baron aircraft, or [was] otherwise
T 16 responsible for the maintenance, service, repair, inspection
and/or operation of said aircraft, or otherwise participated in
such. The Complaint further alleges that JAMES MAGEEAN was
17 negligent in the matters set forth in the preceding sentence.
The Master Consolidated Complaint has not yet been served on
18 JAMES MAGEEAN, but his counsel is aware of its existence and an-
ticipates the Complaint may be served on JAMES MAGEEAN within a.
19 short time.
20 5. The COUNTY OF CONTRA COSTA is responsible for the
21 design, construction, maintenance, operation, and certification
of the Concord Buchanan Airport and control of' its use. The
22 COUNTY OF CONTRA COSTA is further responsible for the certifica-
tion, permission, approval, and the provision of zoning and or-
23 dinances permitting the construction of the Sun Valley Mall, at-
tracting a great number of persons, in close proximity to the
24 Buchanan Airport, and below and directly within a heavily
traveled air corridor in the vicinity of the airport.
25 6. If, in fact, the plaintiffs in the Master Consolidated
26 Complaint for Personal Injury and Wrongful Death Plaintiffs sus-
tained damages as alleged, those damages were caused by the
,
Page 2
I primary and active negligence or other fault of the COUNTY OF
CONTRA COSTA. JAMES MAGEEAN, therefore, alleges that he is en-
2 titled as a matter of law to indemnity from the COUNTY OF CONTRA
COSTA for any judgment or settlement in favor of plaintiffs in
the Master Consolidated Action, together with claimant's
3 attorneys' fees and costs.
4 7. If JAMES MAGEEAN is liable to the plaintiffs in the
5 Master Consolidated Action, it will be because of the comparative
negligence or other fault of the COUNTY OF CONTRA COSTA. Accord-
6 ingly, JAMES MAGEEAN alleges that the COUNTY OF CONTRA COSTA is
required by law to contribute to the amount of any judgment or
settlement in favor of the plaintiffs listed in the Master Con-
solidated Action, in accordance with the comparative degree and
nature of its fault in causing plaintiffs ' damages, if any, and
8 is required to reimburse, indemnify and hold JAMES MAGEEAN harm-
less for the amount of any such judgment or settlement which is
9 in excess of JAMES MAGEEAN's proportional share, if any, as
determined by the comparative degree and nature of the respective
10 fault in causing plaintiffs ' damages, of any.
0 11 g, As of the date of the filing of this claim, the extent
U °Jo of the damages and injuries incurred by plaintiffs in the above-
O ryN 12 mentioned action is unknown to JAMES MAGEEAN, and will be deter-
;
1 PROOF OF SERVICE
2 (CCP Sections 1013a, 2015. 50)
I declare that:
3
4 I am employed in the County of Marin, State of California.
5 I am over the age of 18 years and am not a party of the
6 within entitled cause; my business address is 950 Northgate
7
Drive, Suite 200, San Rafael, California 94903 . .
8 On September _ 1987, I served the attached CLAIM FOR
9
INDEMNITY OF JAMES MAGEEAN on the parties in said cause by plac-
10 ing a true copy thereof enclosed in a sealed envelope with
o postage thereon fully prepaid, in the United States mail at San
I l
w N
w
Rafael, Marin County, California addressed as follows:
KQ a J) V- 12
a
2
.> < 2
U T 13 Board of Supervisors
County of Contra Costa
U r v 14 651 Pine Street
z ¢ Martinez, CA 94553
cn z 15
� o
16
17 I declare under penalty of perjury under the laws of the
18 State of California that the foregoing is true and correct, and
19 that this declaration was executed on September 2 , 1987 at San
20 Rafael, California.
2122
r~
Gretchen A .; Freeman
23 ,
24
25
26
Page 4
I Liaison Counsel for Plaintiffs: -
2 GERALD C. STERNS
3 LAW OFFICES OF 11987
4 STERNS, WALKER & GRELL
280 Utah. Street J. R. U�5�111VCO, untyClerk
5 San Francisco, CA 94103 CONTRA COSTA COUNTY
6
Telephone: (415) 626-1000 By r-
7 Plaintiffs ' Steering Committee:
8 RALPH W. BASTIAN, JR. RICHARD E. BROWN
9 WALKUP, SHELBY, BASTIAN., MELODIA, LAW OFFICES OF
10 KELLY & O'REILLY MELVIN M. BELLI, SR.
650 California Street, 30th Floor 722 Montgomery Street
11 San Francisco, CA 94108 San Francisco, CA 94111
12 Telephone: (415) 981-7210 • Telephbne: (415) 981-1849
13 JOE R. McCRAY MICHAEL MOORE
14 A LAW CORPORATION CARTWRIGHT, SUCHERMAN &
433 Turk Street SLOBODIN
1115 San Francisco, CA 94102 101 California Street,
16 Telephone : (415) 775-3900 26th Floor
San Francisco, CA 94111
17 JOHN E. SKEATH Telephone: (415) 433-0440
I18 MILLER & HINKLE
2007 West Hedding Street
I19 San Jose, California 95128 SUMMONS
20 Telephone : (408) 296-4216 ISSUED
21
22X22 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
23 IN AND FOR THE COUNTY OF CONTRA COSTA
24
25
26 Coordination Proceeding ) JUDICIAL COUNCIL COORDINATION
27 Special Title (Rule 1550 (b) ) ) PROCEEDING
NO. 2026 t�
28 )
29 SUN VALLEY AIR CRASH CASES ) MASTER CONSOLIDATED COMPLAINT
FOR DAMAGES ON BEHALF
30 ) OF ALL PERSONAL INJURY AND
31 ) WRONGFUL DEATH PLAINTIFFS
)
32 )
33
34 COME NOW the personal injury and wrongful death plaintiffs
35 and pursuant to Leave of Court and for a Master Consolidated
36
W office.or EXHIBIT,
Walker L Grta —1-
Utall Street
nasco U 94103
r
- i
r
r) '
1 Complaint for damages in the above-entitled Coordination Proceeding
2 do allege as follows:
3
4 -- GENERAL ALLEGATIONS
5
6 1 . Parties Plaintiff:
7 This Master Consolidated Complaint is filed on behalf of
8 all personal injury and wrongful death plaintiffs having causes of
9 action arising out of the Sun Valley Mall air disaster of Decem-
10 ber 23, 1985, who have heretofore filed complaints for damages in
11 the Superior Court, and supercedes the allegations therein. These
12 allegations relate back to the time of filing of such individual
13 complaints. The identity and capacity of the parties plaintiff is
14 incorporated from each complaint heretofore filed which are listed
15 in the Appendix to this Master Consolidated Complaint.
16
17 2. Parties Defendant:
18 The defendants in this matter, for the purposes of this
19 Complaint, are grouped and identified as follows :
20
21 "Property Defendants" :
22 Sun Valley Associates, dba, Sun Valley Mall Shopping
23 Center;
24 The Taubman Co. , Inc. , a Michigan Corporation;
25
26 Wells Fargo Bank, as Trustee and Successor-in-interest to
the Taubman, Co. , Inc. ;
27
28 R.H. Macy & Co. , Inc, t'
29 Does 1 through 100.
30 "Public Entity Defendants" :
31
32 County of Contra Costa
33 City of Concord -
34 City of Pleasant Hill
35
36 46
Does 101 through 2.00 .
•.aa Offices of
ns.Walker&Grell —2-
80
2-
80 Utah Street
rancisco.CA 94103
1 "Aircraft Defendants" :
2 Estate of James Mountain Graham, deceased;
3
4 Ark Distributing Company, Inc. , a California corporation;
5 James Mageean;
6 Linda Mageean;
7
8 General Aviation Services
9 General Air Services , Inc.
10 Reliant Aviation;
11
12 Nancy Hartshorn;
13 Francis DeRenzi;
14 Nancy Hartshorn;
15
16 Reliant Aviation;
17 Diablo Aviation;
18 L. Lee Kaufthiel;
19
20 Anthony Mageean;
21 Does 201 through 300 .
22
23 "Product Defendants" :
24 Beech Aircraft Corporation, a division of the Raytheon
25. Company;
26
Beechcraft West, a California corporation;
27
28 Teledyne Continental Motors, a division of Teledyne
Industries (initially sued as a fictitiously named
29 defendant in some cases) ;
30 The Jeppessen Sanderson Co. (initially sued as a ficti-
31 tiously named defendant) ; and
32 Does 301 through 400 .
33 •
34 3. Vicarious Liability:
35 Plaintiffs allege vicarious liability against each and all
36 o-f the defendants named herein on all theories available and as may
.ea Offices of
n.Walkei G GfeU —3-
80
3-80 wh Street
rencisco,U 94103
1 . be developed by the proof, including agency, joint venture, alter
2 ego, respondeat superior, or otherwise, and allege that each of the
3 defendants named herein is vicariously responsible for the acts and {
r
4 omissi-ons. of each of the remaining defendants, within their
5 respective groups . I
6
7 4 . Fictitiously Named Defendants :
8 The defendants. designated herein as Does 1 through 400 ,
9 inclusive, and each of them, are sued by such fictitious names
10because either their identity, capacity, connection with the events
11 and circumstances set forth herein, or the legal basis underlying
12 their liability is not presently fully known to the plaintiffs.
13 Each of said fictitiously named defendants is liable in some form or
14 manner to the plaintiffs herein for the events and circumstances set
15 forth, and contributed in some manner to the injuries and damages
16 sustained.
17
18 5. Injuries, Damages and Causation:
19 Each of the plaintiffs herein has sustained injury and
20 damages proximately and legally as a result of the acts, omissions
21 or other breach of duty by one or more of the defendants herein.
22 The allegations of such injury and damages as set forth in the indi-
23 vidual complaints listed in Appendix A are incorporated herein by
24 reference, and additionally, such plaintiffs seek damages as may be
25 appropriate and sustained by the proof for (1) general damages;
26 (2) loss of consortium; (3) negligently inflicted emotional distress
27 to include Dillon v. Legg cases and similar claims; (4) intentional
28 infliction of emotional distress; (5) damages for wrongfut' death,
29 both economic and otherwise; (6) surviving damages under Probate
30 Code §583; and (7) damages for apprehension of death or injury prior
31 to impact.
32
33 6 . General Facts Giving Rise To Liability: -
34 On or about December 23, 1985, a Beech Baron aircraft,
35 Model 95A-55, bearing U.S. registration number N1494G, crashed into
36 the Sun Valley Shopping Mall''while apparently attempting to land in
.&r Office,d
is.Walker G Grell —4-
80
4-
80 Utah Street
rsncisco.U 94 103
It
i
i
1 conditions of impaired visibility at Buchanan Field, located in the i
2 City of Concord, and/or Pleasant Hill, Contra Costa County,
3 California. The aircraft was being permissibly operated by James
4 Mount-arin -Graham, now deceased, and Graham and the "aircraft defen-
5 dants" with the exception of defendant General Air Service, had, in
6 some manner, some form of ownership or proprietary interest in said
7 aircraft. Defendant General Air Service had performed some mainte-
8 nance, service, inspection and/or repair on the aircraft prior to
9 the accident. As a result of the aircraft crashing into the Sun
10. Valley Shopping Mall, extensive damage was done and there were
11 numerous personal injuries and wrongful deaths , as is more specifi-
12 cally alleged in the individual complaints.
13
14 ALLEGATIONS AS TO THE PROPERTY DEFENDANTS
15
16 7. These Defendants, and each of them, conceived,
17 planned, designed, engineered, constructed, created, managed, placed
18 into the stream of commerce, and operated and controlled, a public
19 shopping center or mall, including the buildings and the materials
20 used in the construction thereof. This shopping mall is known as
21 The Sun Valley Mall Shopping Center and is located at One Sun Valley
22 Mall in the City of Concord and/or the City of Pleasant Hill, Contra
23 Costa County, State of California.
24 8 . Said defendants selected and obtained the site of the
25 shopping center from available and inexpensive land in close proxim-
26 ity to the existing Buchanan Field Airport, knowing thatitsclose
27 proximity would place the shopping center in a heavily trafficked
28 air corridor, under the foreseeable and probable flight path of air-
29 craft on a regular and ongoing basis, and therefore at an unreason-
30 able risk. Said defendants knew or should have known that airport
31 traffic at Buchanan was increasing and would continue to increase,
32 and that the increase in traffic was encouraged and accelerated by
33 public officials. Despite that knowledge, warnings, and protests
34 concerning the location and proliferation of such high density
35 structures near the airport, said defendants knowingly located the
36 h//
aw Offices of
s.Walker L Grell —5-
30
5j-
30 Wh Street
anctsco.Cr.94103
ii
i
I center in a zone of danger and designed it to attract large numbers i
2 of the public.
3 9 . In so designing and locating the shopping center,
4 defendants also knew that large concentrations of. people 'would be a
5 the center in times of predictable and foreseeable inclement
6 weather, including conditions of reduced visibility from the air by
7 reason of fog, rain, mist and otherwise. Said defendants knew or
8 should have known that under circumstances of impaired visibility,
9 aircraft could and, in all probability, would, deviate from an
10 intended flight path in close proximity to the shopping mall and
11 thereby create a foreseeable risk of major disaster.
12 10 . Said defendants also planned, designed, constructed
13 and maintained the shopping center in a manner that was in addition
14 to the dangerous proximity to Buchanan Field, dangerous, hazardous
15 and confusing to air traffic attempting to use the field.
16 11 . Said defendants , and each of them, 'were in the busi-
17 ness of creating and placing into the stream of commerce shopping
18 facilities , including the buildings and components thereof, for the
19 purpose of the mass merchandising of goods and services to the pub-
20 lic . The defendants created the Sun Valley Shopping Mall as allegedi
21 above, as a commercial venture, knowing and intending that the shop-
22 ping center would be frequented by large numbers of the public for
23 commercial purposes . At the time said defendants placed the
24 shopping center in question into the stream of commerce, it was
25 defective and unsafe for its intended purposes and did not meet rea-
26 sonable consumer expectations of safety. In addition to the dangers
27 of the location, construction and design of the center as set forth
28 above, inadequate provisions had been made for the safety Ibf patrons
29 and visitors thereto, not only with respect to the probability of an
30 accident occurring involving an aircraft attempting to land at the
31 Buchanan Field, but additionally with respect to the consequences of
32 such an accident or other disaster, including lack of warning, crowd
33 control, disaster plan, escape routes, fire retardation, structural
34 safety and other matters.
35 12. These defendants were negligent in failing-to have
36 and implement a proper disaster or survival or emergency plan in
e
Law Offices of .
-ns.Walker L Grell —6-
180
6—
'80 Utah Street
'rsnnsco.U 94103
I view of foreseeable calamities that could pose a threat to the
2 safety of large numbers of persons in. and about the said shopping I
3 mall, and were negligent in failing to carry out such plan to mini-
4 mize -injury and damage to persons or property after the aircraft
5 impacted the shopping center as aforesaid.
6 13 . Said defendants, in planning, creating, locating,
7 constructing and maintaining the shopping center as alleged, were
8 negligent, and further acted with conscious disregard to the public
9 safety and to the probable consequences of the location and nature
10 of the shopping center in that, among other things,* said defendants
11 had to know of: the danger of high concentration of person and
12 buildings in a heavily trafficked air corridor in close proximity to.
13 Buchanan Field; the inevitability of aircraft attempting to navigate
14 near said field under impaired conditions of visibility; potential
15 confusion on the part of pilots attempting to land at Buchanan
16 Field; and of the increasing use of the shopping center as popula-
17 tion expanded, coupled with increasing traffic at the Field. These
18 defendants acted maliciously, wantonly, and willfully and in such
19 manner as to make them liable for punitive and exemplary damages .
20
21 ALLEGATIONS AS TO THE PUBLIC ENTITY DEFENDANTS
22
23 14 . These defendants negligently permitted, allowed and
24 encouraged the construction of the Sun Valley Shopping Mall as
25 alleged above with respect to the "property defendants, " and in
26 close proximity to an existing airport and heavily trafficked air
27 corridors. In so doing, they created and maintainer) a dangerous and
28 hazardous condition and created confusion and deceptive circum
29 stances to any aircraft attempting to land at Buchanan Field under
30 conditions of impaired visibility.
31 15. These defendants were further negligent in permit-
32 ting, encouraging and ratifying the increased use of the Buchanan
33 Field Airport and the continued growth and building in close proxim-
34 ity to said airport to the point that the density of aircraft activ-
35 ity exceeded the reasonable capacity of such airport and the safe
36 rimits of air traffic.
.ar Offices of
is.Walker G Grell —7-
80 Utah Street
u
rancco.U 94103
t�
1 16. These defendants owned and controlled. the Buchanan
2 Field Airport and areas adjacent thereto, and said areas were and
3 are public property.
4 _ . 17. These defendants negligently failed to properly
5 supervise and control aircraft operations, including take-offs -and
6 landings from and to Buchanan Field Airport under dangerous or haz-
7 ardous conditions, including conditions of limited visibility such
8 as obtained on the evening of December 23 , 1985.
9 18 . These defendants negligently failed to assess the
10 potential consequences of a changed approach pattern for aircraft to
11 Buchanan Field Airport, and failed adequately to disseminate in'for-
12 'mation about the changed approach pattern or to make any warnings
13 with respect thereto.
14 19 . These defendants were negligent in the ratification
15 and approval of the placement and construction of the Sun Valley
16 Mall in its location in close proximity to Buchanan Field Airport
17 and in the heavily trafficked air corridors and foreseeable flight
18 path of aircraft using Buchanan Field Airport, in the manner and
19 particulars alleged as to the property defendants above.
20 20 . These defendants were negligent in and about the
21 planning, approval and inspection of the buildings and structures
22 which comprise the Sun Valley Mall, in that inadequate fire, .escape
23 and survivability standards with respect to said shopping mall were
24 applied or required.
25 21 . The aforementioned public property under the juris-
26 diction, supervision and control of these defendants was also
27 created and maintained in a dangerous condition that created a fore-
28 seeable and substantial risk of harm to the public when the property
29 was used with due care. These defendants also knew or should have
30 known of the above dangerous and defective conditions of the public
31 property for a substantial period of time prior to December 23,
32 1985 , and for long enough prior to said date that said defendants
33 could have remedied the condition or given adequate warning thereof.
34 These defendants also created and maintained a public and private
35 nuisance with respect to the design, construction and location of
36 the Sun Valley Shopping Center and its continued 'operation in close
Las,offices of
ns.Walker G Gtell —8-
30 Utah Street
tancasco.U 94103
I proximity to the Buchanan Field Airport with the known and potentia
2 dangers as alleged herein.
3 22. Prior to the commencement of the individual actions,
4 timely and appropriate claims were filed with the various entity
5 defendants named herein with regard to all -causes of action upon
6 which plaintiffs filing claims intend to proceed. The filing of
7 such claims and the rejection or inaction with respect to said
8 claims is set forth in the Appendix appended to this Complaint and
9 incorporated herein by reference.
10
11 ALLEGATIONS AS TO THE AIRCRAFT DEFENDANTS `
12
13 23 . At all times herein mentioned, these defendants and
14 each of them have either an ownership or other proprietary interest
15 in the above-described Beech Baron aircraft or were otherwise
16 responsible for the maintenance, service, repair, inspection and/or
17 operation of said aircraft or otherwise participated in such.
18 24 . These defendants and each of them were negligent
19 about the matters set forth in paragraphs 6 and 23 above so as to
20 cause and contribute to the crash of the Beech Baron aircraft into
21 the Sun Valley Shopping Mall.
22
23 ALLEGATIONS AS TO THE PRODUCT DEFENDANTS
24
25 (A) As to the Product Defendants, except the Jeppessen
26 Sanderson Company and Does 376 through 400 :
27 25 . These defendants, and each of them, were engaged in
28 the business of designing, manufacturing, distributing ani'/or sell-
29 ing airplanes and air frames (including component parts) , and air-
30 craft engines and the component parts thereof, and each of said
31 defendants designed, manufactured, distributed, sold and/or other-
32 wise placed into the stream of commerce the said Beech Baron air-
33 craft and/or its engines and component parts.
34 26. Said defendants, and each of them, expressly or
35 impliedly warranted that the said aircraft, its engines and
36 oomponent parts were airworthy and of merchantable quality, and fit
Loo Offices of
,ns,walker L well —9—
'80(heh Street
rencisco.U 94103
f.
• i
I and safe for the purpose for which it was designed, manufactured,
2 sold and intended, and free from all defects. In reliance thereon,
3 the aircraft defendants named herein, or one or more of them, did
4 purchase. or otherwise acquire an interest in said aircraft and
5 component parts and used it for the purpose for which intended:
6 27. Said defendants, and each of them, breached the war-
7 ranties as set forth above, in that said aircraft, ' its engines and
8 component parts were not in fact airworthy nor of merchantable qual-
9 ity, nor fit nor safe for the use and purpose for which designed,
10 manufactured, assembled, sold and intended.
11 28 . Said Beech Baron aircraft, its engines and component
12 parts were defective, both in design and manufacture , and on account
13 of inadequate instructions and warnings, as of the time it was
14 placed into the stream of commerce by the defendants and each of
15 them. As a legal and proximate result of said defectiveness , the
16 aircraft was caused to and did crash into the Sun Valley Mall as
17 hereinabove alleged.
18 29 . Said defendants , and each of them, were also negli-
19 gent in and about the design, construction, manufacture, sale and
20 distribution of the said Beech Baron aircraft, its engines and com-
21 ponent parts , and such negligence was also a contributing legal and
22 proximate cause of the events and circumstances complained of
23 herein.
24
25 (B) As to the product defendants the Jeppessen Sanderson
26 Company and Does 376 through 400 :
27 30. These defendants prepared, compiled, disseminated and
28 placed into the stream of commerce certain written and printed
29 information about airfields such as Buchanan Field and surrounding
30 and adjacent conditions , commonly known as approach plates or airway
31 charts , which purported to give operators of aircraft accurate
32 information concerning many of the specifics of any given airport,
33 including the proper approach thereto and any hazards, dangers or
34 obstructions that might ordinarily be encountered.
35 31. Said approach plates or airway charts were products,
36 Created by these defendants who were in the business of distributing
Lar Offices of
ns.Walker G Grell _10-
180
1Q-
180 Utah Street
'rancrxo.U 94103
I such, and were placed into the stream of commerce by these defen-
2 dants . The approach plates or airway charts with respect to
3 Buchanan Field Airport were defective in design and manufacture and
4 did not meet reasonable consumer expectations as to the accuracy
5 thereof in that they did not accurately depict the hazards and-other
6 conditions about and near the Buchanan Field Airport that might be
7 dangerous , confusing or deceptive to aircraft attempting to land at
8 Buchanan Field under conditions of low visibility. This defect con
-
9 tributed as a proximate and legal cause of the aircraft in question
10 crashing into the Sun Valley Shopping Mall.
11 32. These defendants were also negligent in and about th
12 compilation, preparation, sale and dissemination of the approach
13 plates and airway charts for Buchanan Field Airport in that they
14 were deficient in the same manner and particulars as set forth in
15 paragraph 25 above. This negligence also contributed as a proximate
16 and legal cause of the aircraft in question crashing into the Sun
17 Valley Shopping Mall .
18
19 (C) As to the product defendants Teledyne Continental Motors,
20 a division of Teledyne Industries , and Jeppessen Sanderson Company:
21 33 . As to such complaints wherein said defendants were
22 not specifically named initially, a cause of action was stated
23 against each of them as a fictitiously named defendant. In such
24 complaints , the plaintiff (s) did not designate such defendant spe-
25 cifically because he or she or they were, at the time of such origi-
26 nal filing of the complaint, ignorant and not fully aware of either
27 the identity, capacity, connection of said defendants with the
28 events and circumstances set forth herein, or the legal basis under-
29 lying the liability of such defendants. As to such cases, a list of
30 the fictitious designation is contained in the Appendix hereto.
31 WHEREFORE, judgment is prayed as follows :
32 1 . For a determination of the liability of the various
33 defendants, as identified herein, as to the plaintiffs in 'this con-
34 solidated master complaint;
35 2. For a determination and award of the damages sus-
36 t-ained by the plaintiffs who* are parties to this complaint;
ri Offices of
.s.Walkef G GreD —11-
30 Utah Sueet
sncuco,CA 94 103
i
1 3 . For punitive damages as may be established by proof
2 and may be appropriate under the law;
3 4 . For costs of suit; and
4 - 5 . For such other and further relief as may be deemed
5 proper by the Court.
6
7 DATED: June 1 , 1987 LIAISON COUNSEL FOR PLAINTIFFS AND
PLAINTYFFS ' STEERING' COMMITTEE
8
9
10 By
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35 _
36 H0187/1611An
Law Offices of
ns.Walker 6 Greli —1 2-
':10 Utah Street
''ancisco.U 94;03
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. 1
2 PROOF OF SERVICE BY MAIL - CCP 1013a , 2015. 5
3
4
I declare that :
5
6 I am employed in the County of San Francisco , California .
7 I am over the age of eighteen years and not a party to the
8
9 within cause , my business address is : 280 Utah Street ,
10 San Francisco , California .
11 On June 9 , 1987 , I served the within MASTER CONSOLIDATED
12
COMPLAINT FOR DAMAGES ON BEHALF OF PERSONAL INJURY AND
13
14 WRONGFUL DEATH PLAINTIFFS on the parties named below in said
15 cause , by placing a true copy thereof enclosed in a sealed
16 .
17 envelope with postage thereon fully prepaid , in the United
18 States mail at San Francisco, California , addressed as
19 follows :
20
21
22 SEE ATTACHED LISTS)
23
24
25 I declare under penalty of perjury that the foregoing is
26 true and correct , and that this declaration was executed on
27 June 9, 1987 at San Francisco , California .
28
29
30
AMY L. PATTERSON
31
32
33
34
35
36
.aw Offices of .
"is.Welker L Grell
80 Otah Street
rencuco,U 94103
rNzc�, LI � .'TEEF7-..-IIG, CO-7/1-1
Richard E. Brown , Esq.
Law Offices of
Melvin M-. Belli , Sr .
722 Montgomery Street
San Francisco , CA 94111 j
Joe R. McCray, Esq.
A Law Corporation
433 Turk Street
San Francisco , CA 94102
Ralph W. Bastion, Jr . , Esq.
Walkup, Shelby, Bastion ,
Melodia, Kelly & O' Reilly ,
The Hartford Building , 30th F1
650 California Street
San Francisco , CA 94108
Michael B. Moore , Esq.
Cartwright , Slobodin , Bokelman ,
Borowsky, Watnick, Moore ,
& Harris , Inc.
101 California St . , 26th Floor
San Francisco , CA 94111
John E. Skeath , Esq.
Miller , Hinkle , Barry & Skeath
2007 West Hedding Street
r
San Jose, CA 95128
r
3/23/87
Sunvally 1636a. frm
`, _ �. r • �.`. •-• 7 ter. i
M-ULI:-ir,/SZP.�iIC� LT: 7'EEi:I:►G CC�� Ii Tli?yEFS
Richard E. Brown , Esq.
Law Offices of
Melvin M. Belli , Sr .
. 722 Montgomery Street
San Francisco , CA 94111 j
Joe R. McCray, Esq.
A Law Corporation
433 Turk Street
San Francisco , CA 94102
Ralph W. Bastion, Jr . , Esq.
Walkup , Shelby, Bastion ,
Melodia , Kelly & O' Reilly
The Hartford Building , 30th F1
650 California Street
San Francisco , CA 94108
Michael B. Moore , Esq.
Cartwright , Slobodin , Bokelman , i
Borowsky, Watnick, Moore,
& Harris , Inc.
101 California St . , 26th Floor
San Francisco , CA 94111
John E. Skeath , Esq.
Miller , Hinkle , Barry & Skeath
2007 West Hedding Street
San Jose, CA 95128
3/23/87
Sunvally 1636a. frm
• UNVALLEY. AIRCRASH CASES
JUDICIAL COUNCIL COORDINATION PROCEEDING NO. 2026
• MAILING/SERVICE LIST LIAISON COUNSFL
Clinton Coddington , Esq.
Coddington , Hicks & Danforth
3000 Sand Hill Road
Building 1 , Suite 185
Menlo Park , CA 94025
William H. Owen , Esq.
Owen , yelby & Rohlff
700 Jefferson Avenue
Second Floor
Redwood City, CA 94063
Timothy Abel , Esq.
Abel & Abel
22300 Foothill Boulevard
Suite 501
Hayward , Ca 94540-3128
v.�
3/23/87 r
Sunvally 1636f. frm
's .k_l ::rf' :«). 2 C 2 6
N.?1LINe,/SFP.VICZ LT.ST LEI.TEEF:.Ir C01,11 !-1-L!.BEES
Richard E. Brown , Esq.
Law Offices of
Melvin M. Belli , Sr .
722 Montgomery Street
San Francisco , CA 94111 i
Joe R. McCray, Esq.
A Law Corporation
433 Turk Street
San Francisco , CA 94102
Ralph W. Bastion , Jr . , Esq.
Walkup, Shelby, Bastion ,
Melodia , Kelly & O' Reilly >
The Hartford Building , 30th F1
650 California Street
San Francisco , CA 94108
Michael B. Moore , Esq.
Cartwright , Slobodin , Bokelman ,
Borowsky, Watnick, Moore ,
& Harris , Inc .
101 California St . , 26th Floor
San Francisco , CA 94111
John E. Skeath, Esq.
Miller , Hinkle , Barry & Skeath
2007 West Hedding Street
San Jose , CA 95128
3/23/87
Sunvally 1636a. frm
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CLAIM 1.12...
BCARD OF.SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
i-
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 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
Hfriuurt: $25 , 000- 00 Section 913 and 9Oqont�letg`all "Warnings".
CLAIMANT: BETTY C . KONDZIOLKA SEP 1 � i987
c/o Leon G. Seyranian, Esq. .
ATTORNEY: Seyranian, Fischer & Weaver Martinez, CA 94553
1404 Franklin St . #200 Date received
ADDRESS: Oakland, CA 94612 BY DELIVERY TO CLERK ON September 10 , 1987 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. .4 -
September 14, 1987 PpHHIL BATCHELOR, Clerk ��((/�� ///
DATED. BY: Deputy /yf'C� %
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: BY: Deputy County Counsel
/
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
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: QCT 13 1987 PHIL BATCHELOR, Clerk, By ° Deputy Clerk
oo
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: OCT 16 1987 BY: PHIL BATCHELOR by (JeDeputy Clerk
CC: County Counsel County Administrator
CLAIM T'0BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
Instructions to Claimant Return original application to
Clerk of the Board
6S1 Pine St.. Room 106
Martinez. CA 94SS3
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, Kartinez, California 94553.
C. If claim is against a district governed by the Board of Supervisors,
rather than the Countyv 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. Braud. See penalty for fraudulent claims, Penal Code Sec. 72 at end
oT tXis form.
!tt!!!!!!ltttttttttttttttlttttlttt!ltttt!!!!!ltttlt!ltttt!!!!t!!!!!!1!!!
RE: Claim by )Reserve or 1 Ing stamps
BETTY C. KONDZIOLKA
i RECEIVED
)
Against the COUNTY OF CONTRA COSTA)
or DISTRICT) 0 y'-1 o P.^^.
PHIL BATCHELOR
RK A
1 n name RD OF up smao"
C RA 7
The undersigned claimant hereby makes claim against, the county o ntra
Costa or the above-named District in the sum of $unknown but in excess of $25,000.00.
and in support of this claim represents as follows: prognosis undetermined.
i. i�fien a�a tfie damage. or in3ury occurs--ZG;ve exact Gate dna fiourT
June 16, 1987. Approximately 6:30 - 6:45 p.m.
iifieze aid tFie damage or In3ury occur? ZlncIuae city and county]
On the sidewalk on the Northeast side of Concord Blvd. between Wildbrook Court and Berrywood
and slightly in front of property belonging to Oak Glen Homeowners Association and slightly
NE of 1815 A Concord Blvd. , Contra Costa County. (See Exhibit A attached)
�� bow-dib-time-dams-g-e-os-In3uz-y-occu='�--ZGivee-IulI-de-tail's;-use-Extra--
sheets if required) A portion of the sidewalk has raised and as claimant walked by her
foot tripped on the raised edge and claimant fell.
Z: t o? county os alstrlct
officers, servants or employees caused the injury or damage?
The sidewalk was negligently maintained. Trees were planted in a vicinty to cause the roots
to raise the sidewalk. The owners of the property in front should,have been notified to
rectify the condition. The condition has been long standing and county has constructive
notice. The sidewalk constitutes a dangerous condition.
(over)
5. idh-211., are the names of county or district officers, servants or'
employees causing the damage or injury?
Unknown at this time.
-- --------� t--- ------ — ------ — -- — --- — ----------
�:-"wFiet damage or In3u=ies do you cIalm resulted?
—extent
of injies or damages claimed. Attach two estimates for auto
damagerrIncludes but is not limited to the following: Bruises and abrasions all about
claimant's body.-- Right hand fractured. Small finger on right hand badly deformed and lacerated
C1�' t canngt,make a fist and has loss of power in her right hand. Claimant is ri hthanded
and belieie to be rmanent------------------
..y= g
------ 1TL71 - IQ be Rt ---- -- -- ---
7. How was the amount clamed above computedJInc1ude the estimated
amount of any prospective injury or damage. )
Includes medical bills now and in the future; loss of earnings; pain and suffering
including permanent injuries.
--------------------------------------------- --- -- -------------
-
�. Names and addresses of witnesses, doctors and hosp�tala.
Christine McClean - 1810 Cutie Land, Concord, CA
Dr. Thomas Lenz - 2322 Bacon Road, Concord, CA
Dr. John Lange - 2485 High School Avenue, Concord, CA
Mt. Diablo Memorial Hospital
� List tie expenditures you made on account of this accident or tn3ury:
DATE ITEM AMOUNT
Lost 3 .vLeeks to date. Medicals are continuing. Will provide when total amount determined.
!!R!RlRRR�RRRRRRRR�RRRRRRRRR�RRRRRRRRRlRRRRRR!lRRR!!!R*R!!lRRR!!!!!!!!!!RR
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'�ti�( k�w�� e:�n �, � Licz �� . tip L,•�
LEON G. SEYRANIAN, ESQ. a nt s S44nature
SEYRANIAN, FISCHER & WERNER 5508 Alaska Drive
1404 Franklin Street, Suite 200 Address
Oakland, CA 94612 Concord, California 94521
Telephone No. (415) 835-8966 Telephone No. (415) 672-4867
!!!!!!!!!R!lRRRRRRRRRRRRRRRRRRRRlRRRlRRRRRRRRRRt!!R!!R!!!!!!!!t!!!!!!!lRRR
NOTICE
Section 72 of the Penal Code provides:
'Every person %•ho, *with intent to defraud, presents for allowance or
for payment to any state board or officer, or to any county, town, city
district, ward or village board or officer, authorized to allow or pay
the same if genuine, any false or fraudulent claim, bill, -account, voucher ,
or writing, is guilty of a felony. "
•� •:�ft's b.�' _• ;_ :.v�_.Yi,-�,-�a,:
:. •�'��' a u•'. r.'� -_ _ ..i. �* _..�':J��,.':',:
• • 24
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 October 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: $1, 000, 000. 00 Section 913 and 915.4. �d6MtytCa.1Qa nings".
CLAIMANT: CITY OF ORINDA SEP 1 1• 1987
c/o Ericksen, Arbuthnot , Paynter & Brown, Inc .
ATTORNEY: 1304 Nillow Street Martinez, CA 94,553
Martinez , CA 94553 Date received
ADDRESS: BY DELIVERY TO CLERK ON September 8 , 1987
BY MAIL POSTMARKED: September 3 , 1987
Certified P 532 576 373
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: September 11 , 1937 PHI:L BATCHELOR, Clerk
eputy ,f � �Iv�
_�-
L. Hall
I1. FROM: County Counsel TO: Clerk of the Board of Supervisors
( This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
G7
Dated: BY: Deputy County Counsel
J
IIl.. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
This Claim is rejected in full .
( ) Other:
1 certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: �CT 1 `� ��7 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 1 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
rTas1shown
labove.
Dated: Qr l 1 6 `^� BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
2 618 v t'
Re: RUDOLPH vs. MILLER SEP d 198/7
CLAIM AGAINST THE COUNTY OF CONTRA COST s Ls�� F ju�fO�s
^ D
TO: COUNTY OF CONTRA COSTA:
BOARD OF SUPERVISORS, 651 Pine Street, Room 106, Martinez,
California 94553
Claimant, CITY OF ORINDA, hereby makes claim against the
COUNTY OF CONTRA COSTA for an unknown sum seeking
indemnification for any damages obtained by plaintiffs Darryl
and Carolyn Rudolph against claimant, CITY OF ORINDA, in Darryl
Rudolph and Carolyn Rudolph vs. Martin M. Miller, et al. , No:
290507, a copy of which is attached and incorporated herein.
Claimant, CITY OF ORINDA, makes the following statements in
support of its claim:
1. Claimant ' s address is City of Orinda, 26 Orinda Way,
Orinda, California 94563 .
2 . Notices concerning the claim should be sent to
ERICKSEN, ARBUTHNOT, PAYNTER & BROWN, Inc. , 1304 Willow Street,
Martinez, CA 94553 .
3 . The date and place of occurrence giving rise to this
claim are currently unknown. See copy of complaint attached
hereto.
4 . The circumstances giving rise to this claim are as
follows: The above-named claimant has been served with a
complaint filed by Darryl and Carolyn Rudolph alleging property
damages and personal injuries relative to property located at
14 Oak Drive, Orinda, California. See copy of the complaint
attached hereto.
5. Claimants' damages are as follows: Claimants are
entitled to indemnification for part or all of any damages
obtained by plaintiffs against claimant. Damages sustained by
plaintiffs in the underlying action are unknown as of this
date. Plaintiffs currently claim amounts in excess of
$1, 000, 000. 00. .
6. The names of the public employees causing the
claimants' injuries are unknown.
7 . My claim as of this date is for indemnification in an
unknown amount.
DATED: September 2 , 1987
ERICKSEN, ARBUTHNOT, PAYNTER,
& BROWN, Inc .
By:
A. PAGE
I LAW OFFICES OF ALAN MATTHEW MAYER, INC.
A Professional Corporation
2 80 E. Sir Francis Drake Blvd .
Suite #3E a
3 Larkspur , CA 94939
• Phone: (415 ) 461-6668
4 OCT � 419�6
LAW OFFICES OF KLETZ & MOLL CIO,
' Cuun�y
5 5315 College Avenue , Ut COSTA, CoU14TY
Oakland , CA 94618
6 Phone : ( 415 ) 655-7141 CON'r[�
BY
i Attorneys for Plaintiffs
J SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 w FOR THE COUNTY OF CONTRA COSTA
11 DARRYL RUDOLPH and
CAROLINE RUDOLPH ,
12
Plaintiffs , No . 290507
13
vs . FIRST AMENDED COMPLAINT
1.1 FOR PROPERTY DAMAGES AND
MARTIN M. MILLER , SYLVIA PERSONAL INJURIES
15 MILLER , JOHN M. GRUBB REALTY ,
JOHN M. GRUBB, NADINE USTICK ,
16 TERMINIX INTERNATIONAL , INC . ,
CITY OF ORINDA , and FIRST DOE
1T through ONE HUNDREDTH DOE ,
inclusive ,
l3
Defendants .
1J /
20 Plaintiffs , CAROLINE RUDOLPH and DARRYL RUDOLPH , allege
21 against Defendants, and each of them, as follows :
22 FIRST CAUSE OF ACTION (Negligence)
23 1. Plaintiffs are, and at all times herein mentioned , were
24 residents of the County of Contra Costa , State of California . )
25 Plaintiffs are now, and have been at all times since 1984 , the �
26 owners"of the improved lot and residence located at 14 Oak Drive,
27 Orinda , California (hereinafter referred to as "Plaintiffs' ]
I
28 property" ) .
1 'i
1 2. The true names or capacities , whether individual ,
2 corporate, associate, or otherwise, of Defendants named herein as
3 FIRST DOE through ONE HUNDREDTH DOE, inclusive, are unknown to
4 Plaintiffs who therefore sue said Defendants by such fictitious
5 names. Plaintiffs will ask leave to amend this complaint to show
6 their true names and capacities when they have been ascertained.
! Each of the DOE Defendants is responsible in some manner for the
S events herein referred to , and have caused damage and injury
proximately thereby to Plaintiffs .
10 . 3. Each of the Defendants sued herein was at all times the
] l agent and employee of each of the other Defendants and was at al l
f
12 times acting within the purpose and scope of said agency and
i
13 employment .
14i
4 . At all times mentioned herein , Defendants, MARTIN H.
1� MILLER and SYLVIA MILLER, and FIRST DOE through THIRTIETH DOE , I
16 inclusive, were residents of the County of Contra Costa, 'State of `
� 7 California .
18 S. At all times mentioned herein , Defendants, THIRTY-FIRST
19 DOE through FORTIETH DOE, were real estate businesses licensed to
20 do business in the State of California and the County of Contra
21 Costa .
22 6 . At all times mentioned herein , Defendant , CI 'T'Y OF
2:3
ORINDA (hereinafter referred to as "CI 'T'Y") , was a California:
2.1 public entity doing business in the State of California and the
25 County of Contra Costa.
I
26 7. Defendants, FIRST DOE through THIRTIETH DOE, inclusive,
27 owned , developed , manufactured , and/or improved the property
28
1
2
f
I located adjacent or in proximity to Plaintiffs' property. Such
2 Defendants improved Defendant's property by, among other things,
3 surveying , engineering , supervising , cutting , trenching , grading ,
4 filling and compacting.
5 8 . Plaintiffs are informed and believe , and based upon
6 such information. and belief, allege that said Defendants, and
each of them , failed to exercise reasonable care in the
S improvement of said Defendants' property by, among other things ,
causing or permitting the improvement of Defendants' property and
10 the«construction of driveways and other appurtenant structures
11 thereon , without stabilizing and taking all other reasonably
12 necessary precautionary measures to ensure the natural water flow
13 of water around Plaintiffs' property when it was reasonably
14 foreseeable that such driveways and other appurtenant structures
15 would divert the natural water flow onto Pla-intiffs' property ,
16 thereby causing substantial damage the.reto and injur- inc the
1i occupants thereof . Defendants further improperly trenched and
13 graded said property and provided inadequate drainage on said
19 property .
20 9. As a direct and proximate result of the negligent
21 construction and improvement of said property , by said
22 Defendants , the real and personal property of Plaintiffs, and the
23 persons of plaintiffs, were damaged and injured when the natural.
29 water flow was diverted onto Plaintiffs' property in an amount in
25 excess of $25 ,000 . 00 .
26 WHEREFORE, Plaintiffs pray for judgment as hereinafter set
27 forth.
28
3
. t
SECOND CAUSE OF ACTION (Nuisance)
I
Plaintiffs allege as and for a Second Cause of Action as
2 -
follows :
3
10. Plaintiffs reallege and incorporate herein by refe-rence
4
each and every allegation contained in Paragraphs 1 through 9 of
5
this complaint as though each were fully set forth herein .
G
11. Plaintiffs are informed and believe, and based upon such
i
information and belief , allege that Defendants, CITY OF ORINDA
8
and FIRST DOE through THIRTIETH DOE , inclusive , were owners of
adjacent or nearby. property td Plaintiffs' property, maintaining
10
said property in a condition which allows damage and threatens
11
further damage to Plaintiffs' property. Said threatening
12 .
13 condition poses a continuing hazard to Plaintiffs' property in
that in its present condition it is injurious to the health and
14
consititutes an obstruction to the free use of ~Plaintiffs'
I�
property so as to interfere with the comfortable enjoyment of
16
life and property thereon, and so as to have constituted thet:(,'.)V
li
a nuisance to the person and the real property of Plaintiffs.
18
12. Plaintiffs are informed and believe and , based upon such
l0
20 information and belief, allege that Defendants, and each of them,
11 are aware of the presently dangerous condition of the Defendants'
22 properties. Defendants have not taken, and currently refuse to
23 take, any steps to correct this situation. Unless Defendants are
24 enjoined to abate this problem., Plaintiffs will continue to be
25 damaged .
26 13 . By reason of the foregoing acts and omissions of
27 Defendants, and each of them, Plaintiffs' property has beer
28 damaged in a sum in excess of $100,000.00. In addition, the acts
4
I>
I and omissions of the Defendants caused Plaintiffs personal
2 injuries in the form of anxiety, mental and emctional distress,
3 all' to the Plaintiffs' damage.
4 WHEREFORE, Plaintiffs pray for judgment as hereinafter set
5 forth . i
6 I
I
THIRD CAUSE OF ACTION (Injunctive Relief from �
7 Defendants CITY OF ORINDA and FIRST DOE
through THIRTY-FIRST DOE, inclusive)
Plaintiffs allege as and for a Third Cause of Action . as
10 follows :
l ] 14. Plaintiffs reallege and incorporate herein by reference
12 each and every allegation contained in Paragraphs 1 through 13 of i
13
this complaint as though each were fully set forth herein .
r
14 15. Plaintiffs are informed and believe, and based upon such
IJ '
information and belief , allege that Defendants , CITY OF ORINDA
15 and FIRST DOE through THIRTIETH DOE , inclusive , were owners of
1 � adjacent or nearby property to Plaintiffs' property, maintaining
]b said property in a condition which allows damage and threatens
10 further damage to Plaintiffs' property. Said threatening
20
condition poses a continuing hazard to plaintiffs' property in
21 '.
that in its present condition it is injurious to the health and
21 constitutes an obstruction to the free use of Plaintiffs'
23
property so as to interfere with the comfortable enjoyment of
2.1
life and property thereon, and so as to have constituted thereby
25
a nuisance to the person and the real property of Plaintiffs .
26
16. Plaintiffs are informed and believe and , based upon
27
such information and belief, allege that Defendants, and each of
28
5
I
them, are aware of the presently dangerous condition of the
2 Defendants' properties. Defendants have not taken, and currently
3 refuse to take , any- steps to correct this situation . Unless
4 Defendants are enjoined from continuing this problem, Plaintiffs
5
will continue to be damaged.
6 17. Defendants' wrongful conduct, unless and until enjoined
and restrained by order of the court , will cause irreparable
I
8 injury to Plaintiffs as stated herein .
0
18. Plaintiffs have no adequate remedy at law for the
I
10 injuries currently being suffered due to ongoing' daily damage to
w
11 Plaintiffs' property .
12 19. As a proximate result of Plaintiffs' wrongful conduct,
13 Plaintiffs' property has been damaged in an amount in excess of
Plaintiffs will be further damaged in like manner
11 $100,000.00.
i
15
so long as Defendants' conduct continues.
16
1•;HEREFOP.E, Plaintiffs pray for judgment as hereinafter set
17 forth .
i
lS FOURTH CAUSE OF ACTION
19 (Inverse Condemnation)
20 Plaintiffs allege as and for a Fourth Cause of Action as
21 follows :
22 20. Plaintiffs reallege and incorporate herein by reference
I
23 each and every allegation contained in Paragraphs 1 through 19 of
24 this complaint as though each were fully set forth herein .
25 21. Plaintiffs are informed and believe and based upon such
26 information and belief allege that at some time prior to
27 September 13 , 1984 , Defendant CITY deliberately designed and
28 constructed the Oak Drive, together with the drainage devices and
6
1
structures associated with it for public use, and deliberately
2 designed and constructed Oak Drive for public use , and that on or
3 about September 13 , 1984 , such improvements- operated in the
4 manner intended .
5 22. Such improvements alleged herein were a substantial f
0 factor in causing the damages to Plaintiffs' property, destroying I
7 and damaging improvements thereon, including causing substantial 1
8 damage to the residence and destroying and damaging Plaintiffs'
0 personalty in and about the residence .
10 23 . By reasons of the matters alleged herein , Plaintiffs'
] l real and personal property have been taken or damaged for public
12 use in an amount in excess of $100 ,000 .00 .
13
24. Plaintiffs have retained the law firm of Alan Matthew
la !
Mayer , Inc . , to commence and prosecute this action , including ;
this Inverse Condemnation Cause of Action , - -and thereby and
16 therefore has incurred and will continue to incur attorneys'
17 fees, expert fees, engineering fees and other litigation expenses
18 i
in an amount presently unknown; and when such amounts are
1� ascertained , Plaintiffs will ask leave to amend this complaint to
20 �
allege the true amount thereof. i
al
FIFTH CAUSE OF ACTION
22
(Diversion of Surface Waters)
23 Plaintiffs allege as and for a Fifth Cause of Action as
2.1 �
follows :
25
25. Plaintiffs reallege and incorporate herein by reference
20 each and every allegation contained in Paragraphs 1 through 24 of-
27
f27 , .
this complaint as though each were fully set forth herein .
28
7
1 26 . Prior to the grading and construction of the
2 Defendants' property adjacent or in proximity to Plaintiffs'
3 pro-perty, and the drainage devices and structures associated with
4 these properties, and prior to the grading and construction of
J 5 the Oak Drive property , surface water which fell upon or
6 otherwise came to be upon the hills, canyons, mountains and other
i
areas did not flow toward , onto or over the land which became
8 Plaintiffs' property.
9 27 . Plaintiffs are informed and believe and , based upon
10 such information and belief , allege that Defendants FIRST DOE
through THIRTIETH DOE, inclusive, failed to take reasonable care
12 in designing , improving , controlling and maintaining their
13 property, as alleged herein , to avoid damage to the improvements
14 on and injury to the inhabitants of Plaintiffs' property from the
IS collection , accumulation , concentration , diversion and
1f� redirection of surface water. k
17 28 . On or about and for a period of time before September
13 13 , 1984 , Oak . Drive and the drainage devices and structures
,9 associated with it caused such water alleged in this cause of
20 action to be collected, accumulated , concentrated, diverted and
21 redirected onto Plaintiffs' property. On or about, and for a
22 period of time before, September 13 , 1984 , Defendants' property
23 also collected , accumulated , concentrated , diverted and
24 redirected such water alleged in this cause of action and such
25 waters then combined with those waters from Oak Drive, and such
26 combi-ned waters then flowed on and down toward Plaintiffs'
27 property, causing substantial amounts of water to flow into and
r
28 onto Plaintiffs' property.
8
1 29. The acts and omissions of Defendants, and each of
2 them, alleged herein proximately caused the saturation and the
3 liquefaction of Plaintiffs' property, destroying and damaging
4 improvements thereon , including substantially damaging the
5 residence, destroying and damaging Plaintiffs' personal property
6 in and about the residence, and injuring Plaintiffs.
1 30. By reason of the foregoing acts and omissions of
8 Defendants, Plaintiffs' property, including the residence located
9 thereon , was damag'td and partially destroyed to Plaintiffs'
10 damage in a sum in excess of $100 ,00Q ..00 .
11 WHEREFORE, Plaintiffs pray for judgment as hereinafter set
12 forth .
13 SIXTH CAUSE OF ACTION
14 (Diversion of Waters from Natural Watercourse)
15 Plaintiffs allege as and for a Sixth Cause of Action as
1 (i fol lows
li 31. Plaintiffs real lege and incorporate herein by reference
15 each and every allegation contained in Paragraphs 1 through 30 of j
19 this complaint as though each were fully set forth herein .
20 32. Prior to the grading and construction of Defendants'
21 properties adjacent to or in proximity to Plaintiffs' property
22 and prior to the grading and construction of Oak Drive and the
2.1 drainage devices and structures associated with Oak Drive , a
24 substantial amount of the natural drainage waters flowed in and
25 was carried by natural channels and watercourses among , through
26 and from the hills, canyons, mountains and other areas away from
27 Plaintiffs' property. These natural changels and watercourses
28
9
did not flow toward , onto or over the property which became
1 _
Plaintiffs' property.
2
33 . As a direct and proximate result of the grading and
3
construction of Oak Drive, and the construction of the dra-inage
4
devices and structures associated with such unnamed easement, the
5
waters from such natural channels and watercourses were
6
col lected , diverted and directed by such improvements toward ,
i
8 onto and over Plaintiffs' property.
WHEREFORE, Plaintiffs pray for judgment as hereinafter set
f'o r th .
10 ,i�,;
SEVENTH CAUSE OF ACTION
] l
12 (Breach of Contract)
Plaintiffs allege as and for a Seventh Cause of Action as
13
follows :
lJ 34. Plaintiffs reallege and incorporate herein by reference
each and every allegation contained in Paragraphs 1 through 33 of
16
this complaint as though each were fully set forth herein .
li
18 35 . On or about September 13 , 1984 ,. Plaintiffs and
lJ Defendants , MARTIN MILLER and SYLVIA MILLER, entered into a
20 written contract for the purchase and sale of the real property
21 which is the subject matter of this action. Plaintiffs agreed to
22 purchase said property for the sum of $200 ,000 . 00 .
2.1 36. Plaintiffs have performed all of . the agreements
21 pursuant to said contract to be performed by them, including
25 payment of the full price to Defendants .
26 3.7. Pursuant to said contract, Defendants agreed to deliver
27 to Plaintiffs the real property in question 41 in a condition which
28 was safe and habitable and prepared in a workmanlike manner and
10
1 free from defects. This included . the condition of the foundation
2 of the house and soils around it .
3 -38. Defendants breached said agreement by failing to
4 deliver said property in the condition as set forth in Paragraph
37 above .
G 39 . Said contract provides that if any suit be brought to
I enforce the terms of said agreement, the prevailing party shall
8 be entitled to reasonable attorney' s fees and costs .
0 EIGHTH CAUSE OF ACTION.
10 (Breach of Express .& Implied Warranties)
11 plaintiffs allege as and for a Eighth Cause of Action as
12 follows :
13 40. Plaintiffs real lege and incorporate herein by reference
14 each and every allegation contained in Paragraphs 1 through 39 of
15 this complaint as though each were fully set forth herein .
1(' 41 . On or about September 1984 Defendants made various
11 express and implied representations and warranties to Plaintiffs
18 concerning the condition of said . property. Amongst these
19 warranties was that said property was in a safe and habitable
20 condition and did not present a danger to Plaintiffs' person or
21 property, or the person or property of others on the premises .
22 These warranties were made both expressly and impliedly and
23 became part of the basis of the bargain between the parties .
24
42. Defendants breached such express and implied warranties
25 in that the property was not safe and habitable where a myriad of
26 damaged areas subsequently became apparent , including cracked
27 floors, dry rot, erosion , and water leaking into the house. As a
28
11
1 result of this breach, Plaintiffs did not in fact receive the
2 goods which were warranted by Defendants.
43. Plaintiffs discovered this breach ;of warranty on or
4 about September 13 , 1984 . Thereafter , Plaintiffs notified
J 5 Defendants of such breach by informing them of the damages to
G their property .
i
44 . As a proximate and direct result of such breach of
8 warranty by Defendants, Plaintiffs have been damaged in a sum yet
unknown; however , in excess of the minimum jurisdiction of this
10 court. By virtue of the contract of. sale ,--attached hereto as
11 Exhibit "A" a_" � incorporated herein by this reference , the
12 prevailing party in any action based thereon is entitled to
13 reasonable attorney' s fees .
14 NINTH CAUSE OF ACTION
15 (Against Defendants, MARTIN MILLER and SYLVIA MILLER
16 and FORTY-FIRST DOE through FIFTIETH DOE --
17 Damages - Fraud and Deceit)
18 Plaintiffs allege as and for a Ninth Cause of Action as
19 follows :
20 45. Plaintiffs real lege and incorporate herein by reference
21 each and every allegation contained in Paragraphs 1 through 44 of
22 this complaint as though each were fully set forth herein .
23 46. Plaintiffs are informed and believe and thereon allege
24 that for a 1considerable period of time prior to September 13 ,
25 1984, numerous problems with the subject property were or should
26 have been apparent to Defendants MILLERS. These included but
27 were not limited to the fact that the house was shifting , moving,
r
28 and cracking. Existing drainage was not accomplishing the
12
1 function of transporting water across the property to the public
2 street but rather were, in fact, depositing water on the property
3 causing earth movement and damage to the property and the
4 structures located on the property.
5 47. Plaintiffs are further informer] and believe and thereon
6 allege that Defendants MILLERS knew or should ,have known, . on or
I beforeSeptember 13 , 1984 , that the aforementioned residential
g structure contained such defects and had sustained such damage as
J described herein , and falselyand "fraudulently and with the
10 intent to deceive and defraud did conceal their knowledge from
11 Plaintiffs, knowing that such facts were not known to them, and
12 intending by such concealment to induce Plaintiffs to purch-'a.se
1:3 the aforementioned residence .
1 -1 48 . Plaintiffs had no knowledge of the aforesaid defects ,
1 ;5 deficiencies , and damages , and would never have purchased the
IG subject residence if such conditions had been disclosed by
i
1I Defendants or discovered by them before Sept.ember 13, 1984 , and
15 were , in fact, induced to purchase the aforementioned residence
19 by reason of the fraudulent conduct of Defendants, and each of
20 them , and , as a result thereof , have suffered the injuries and
21 damages described herein .
22 49 . As a proximate result of the fraudulent and deceitful
23 conduct of Defendants , MILLERS and FIRST DOE through TENTH DOE ,
24 inclusive and each of them, Plaintiffs were hurt and injured in
25 their health, strength and activity, sustaining injury to their
16 nervous system and persons , all of which injuries have caused ,
27 and continue to cause, Plaintiffs great mental , physical , and
28
13
1 nervous pain , stress , suffering , worry, insomnia , and
2 humiliation. As a result of such injuries , Plaintiffs have
3 suffered general and special damages in an amount according to
4 proof.
550 . At all times herein mentioned , the conduct of
f Defendants MILLERS andTHIRTY-FIRST DOE through FORTIETH DOE, a
intentional , willful , . inalicious and deliberate, and carried out
8 with a conscious disregard for the welfare of Plaintiffs, and by
9 reason thereof, Plaintiffs are entitled to punitive or exemplary
10 damages in a sum in excess of $1 ,000 ,000 .00 .
11 WHEREFORE, Plaintiffs pray for judgment as hereinafter set
12 forth . --
13 TENTH CAUSE OF ACTION
1 -1 (Against Defendants MILLERS and DOES ONE through TEN --
i
lei Damages - Negligent Misrepresentation)
16 Plaintiffs allege as and for a Tenth Cause of Action as
I
li follows : i
18 51. Plaintiffs real lege and incorporate herein by reference
19 each and every allegation contained in Paragraphs 1 through 50 of
2() this complaint as though each were fully set forth herein .
31 52 . Defendants , and each of them, in the exercise of
22 reasonable care, should have known that the residential structure
23 and the property had sustained damages as above described. Said
2.1 Defendants, and each of them , had no reasonable grounds for
2 believing the structure and premises to be in ' good condition and
26 made Y-epresentations while at the subject property and other
27 places to that effect with the intent to induce Plaintiffs to
28 take the actions hereunder alleged without further inquiring into
is
I the condition of the property.
2 53. As a direct and proximate cause of these actions and
3 inactions, Plaintiffs have been damaged as herein above alleged .
4 WHEREFORE, Plaintiffs pray for judgment as hereinafter set
5
forth .
G ELEVENTH CAUSE OF ACTION
(Against Defendants THIRTY-FIRST DOE through
8 FORTIETH DOE -- Damages, Fraud)
Plaintiffs allege as and for an Eleventh Cause of Action as
10 follows :
> > 54. Plaintiffs reallege and incorporate herein by reference
)`1 each and every allegation contained in paragraphs 1 through 53 of
1.3 this complaint as though each were fully set forth herein .
1 � 55 . Defendants heretofore referred to as DOES THIRTY-ONE ,
151 THIRTY-TWO and THIRTY-THREE is hereby amended to read JOHN M.
I G GRUBB REALTY , a business organization form unknown , as DOE
THIRTY.-ONE; JOHN M. GRUBB, a licensed real estate broker as DOE
THIRTY-TWO; and , NADINE J. USTICK , a Licensed real estate agent
10 as DOE THIRTY-THREE .
20 56 . The purchase of the aforesaid residence by plaintiffs
21
was arranged through and brokered by Defendants , and each of
32 them , acting in their respective capacities as licensed real
2.3 estate brokers and/or agents for Defendants MILLERS. At al l
24 times herein mentioned , said Defendants falsely represented to
25 Plaintiffs that the subject residence and property were in a good
26 state of repair.
27 57 . When said Defendants made the aforesaid
28
15
representations , they knew t'hem to be false , and this
1
2 representation was made by said Defendants with the intent to
3 defraud and deceive Plaintiffs and with the intent to induce
4 Plaintiffs in the manner herein alleged .
58. Plaintiffs, at the time this representation was made by
5
said Defendants, and at all times herein mentioned , did not know
G
the representation was false and believed it to be true . In
i
8 reliance on the professional integrity of said Defendants and
their representations, the Plaintiffs were induced to and did
10 enter into the aforesaid written contract. with Defendants
....
r
11 MILLERS: Had Plaintiffs known the actual facts, they would not
12 have purchased the subject residence. Plaintiffs' reliance on
13 said Defendants' representation was justified because 'the subject
residence appeared to be in good repair and Plaintiffs placed
111
115 their trust and confidence in the knowledge and professional
integrity of said Defendants. As a proximate result of the fraud ff
and deceit by Defendants , and each of them , Plaintiffs are
181 entitled to general and special damages in an amount in excess of i
19I $100 , 000 .00 for the cost of repairs that wi'l l be reasonably
20 necessary to make the subject residence safe , sound and
31 habitable , costs necessary to repair the easements , and for the
ZZ dimunition in the fair market value of the aforesaid residence
23 and property , with or without repair , and all other related
2t damages according to proof.
59 . As a further and proximate result of the fraud of
26 Defendants, and each of them, Plaintiffs were hurt and injured in
27 their health, strength and activity, sustaining injury to their
28 nervous systems and persons, all of which said injuries have
1 caused and continue to cause Plaintiffs great mental , physical
2 and nervous pain and suffering , worry, insomnia , bodily injury
3 and humiliation . As a result of the aforesaid injuries ,
4 Plaintiffs have suffered general and special damages in an amount
according to proof .
60. The conduct of Defendants JOHN M. GRUBB REALTY , JOHN M.
GRUBB, NADINE USTICK, and THIRTY-FOURTH DOE through FORTIETH DOE
8 as described herein was intentional , willful , malicious and
J
deliberate, and carried out with a conscious disregard for the
10 welfare of Plaintiffs , and by reason thereof , Plaintiffs are
11 entitled to punitive and exemplary damages in a sum in excess of
12 $1 ,000 , 000 . 00 .
131 WHEREFORE, Plaintiffs pray for judgment as hereinafter set
11 ' forth .
I
15 '
TWTELVTH CAUSE OF ACTION
1G1
(Against Defendants THIRTY-FOURTH DOE through
lei FORTIETH DOE -- Damages - Fraudulent Concealment)
lAi
Plaintiffs allege as and for a Twelvth Cause of Action as
19I
follows :
20j
61. Plaintiffs reallege and incorporate herein by reference
a1
each and every allegation contained in Paragraphs 1 through 60 of
321
this complaint as though each were fully set forth herein.
23
62. At all times herein mentioned , Defendants, and each of
24
them, did falsely and fraudulently , and with the intent to
25
deceive and defraud Plaintiffs, conceal their knowledge that the
26
residential structure and property were and are suffering from
27
numerous defects, deficiencies and damages; as aforesaid , and
28
17
t
knew that such facts were unknown to Plaintiffs to purchase the
1 _
2 aforesaid residence.
3 _ 63 . Plaintiffs were , in fact, induced to purchase the
4 aforementioned residence by reason of the nondisclosure of
5 Defendants , and each of them, and as a result have suffered the
G aforedescribed injuries and damages .
i
64.. As a proximate result of the fraud of Defendants , and
8 each of them , Plaintiffs are entitled to general and special
9 damages ; as described hereinabove, and because the wrongful
10 conduct of Defendants, and each of them, was intentiona.1 ,
11 willful , malicious and deliberate, and carried out with a
12 conscious disregard for the welfare of Plaintiffs, Plaintiffs are
13 entitled to punitive damages in an amount in excess of
14 $1 ,000 , 000 . 00 .
15 WHEREFORE, Plaintiffs pray for judgment as hereinafter set
16 forth .
17 THIRTEENTH CAUSE OF ACTION
18 (Against Defendants THIRTY-FOURTH DOE through
19 FORTIETH DOE -- Damages - Negligent Misrepresentation)
20 Plaintiffs allege as and for a Thirteenth Cause of Action as
21 follows :
22 65. Plaintiffs reallege and incorporate herein by reference
23 each and every allegation contained in Paragraphs 1 through 64 of
24 this complaint as though each were fully set forth herein .
25 66 . At all times herein mentioned , Defendants, and each of
26 them ,. falsely represented to Plaintiffs that the subject
27 residence and property was safe , sound and habitable. These
28 representations were false; the true facts were, and still are,
18
i
I that the aforesaid residence and property had for a considerable
2 period of time before September 13 , 1984 , shifted , moved and
3 cracked resulting in severe structural damage among other areas
4 damaged as aforesaid .
5 67. Plaintiffs are informed and believe, and on that basis
G allege , that Defendants , and each of them , made the
aforementioned representations without making any reasonable
8 effort to check the truth of the assertions made and without a
9 reasonable basis for believing said representations were true,
10 and-with the intent to induce Plaintiffs to enter into the
11 aforesaid written contract with Defendants MILLERS .
12 68 . Plaintiffs , at the time the representations were made
13 by Defendants, and each of them, did not know they were false and
14 believed them to be true. In reliance thereon , and in reliance
15 on the professional skill and integrity of Defendants to discover
16
and disclose any defects, deficiencies and/or damage within the
17
aforesaid residential structure, Plaintiffs were induced to and
18 did enter into the aforementioned written contract with
Defendants MILLERS .
20
69 . As a proximate result of the negligent-
2.1
egligent2.1
misrepresentations of Defendants , and each of them , Plaintiffs
22
have suffered general and special damages in an amount in excel-
23
of $ 100 ,000.00 , for the cost of repairs that :will be reasonabl :•
24
necessary to make the subject residence and property safe, sour:
25
and habitable, for the dimunition in the fair market value of the
26 �
afores.aid residence and property , with or without repairs , and
27
for all other related damages according to proof.
28
19
1 70. As a proximate result of the negligence of Defendants,
2 and each of - them, Plaintiffs were hurt and . injured in their .
3 health, strength and activity, sustaining injury to their nervous
4 systems and persons, all of which injuries have caused , and
5 continue to cause, Plaintiffs great mental , physical and
G nervous pain and suffering, worry, insomnia, and humiliation. As
a result of such injuries, Plaintiffs have suffered general and
i
8 special damages in an amount according to proof.
9 WHEREFORE, Plaintiffs pray for judgment as hereinafter set
10 for"th .
11 FOURTEENTH CAUSE OF ACTION
12 (Against Defendants THIRTY-FOURTH DOE through
13 FORTIETH DOE -- Damages - Negligence)
14 Plaintiffs allege as and for an Fourteenth Cause of Action
15 as follows :
16 71. Plaintiffs real lege and incorporate herein by reference
17 each and every allegation contained in Paragraphs 1 through 70 of
1s this complaint as though each were fully set forth herein .
10 72. At all times herein mentioned , Defendants, and each of
20 them, had an affirmative duty to conduct a reasonably competent
21 and diligent inspection of the property and the residential
22 structure they listed for sale , and to disclose to prospective
23 buyers , such as Plaintiffs , all facts materially affecting the
24 value. or the desireability of the aforesaid residence and
25 property that such an investigation had revealed .
26 13. At no time herein mentioned did Defendants, and each of
27 them, perform a reasonably competent and diligent inspection of
28 the residence as aforesaid, and any inspection that was conducted
20
I by Defendants , and each of them, was performed in a negligent
2 manner and failed to discover the presence of widespread shifting
3 and cracking damage throughout the residence .
4 74. As a proximate result of the negligence of Defendants,
5 and each of them, Plaintiffs were prevented from enjoying the
6 benefits of a reasonably confident and diligent inspection by
Defendants, and each of them, and as a further proximate result,
8 have suffered general and special damages in an amount in excess
9 of $ 100 , 000 .9' -.for the cost of repairs that will be reasonably
10 necitssar.y to . make the subject residence and property safe, sound
11 and habitable, for the dimunition in the fair market value of the
12 aforesaid residence and property , with or without repairs , and
13 for all other related damages according to proof.
14 75. As a further proximate result of the negligence of
15 Defendants, and each of them, Plaintiffs were hurt and injured in
16 their health, strength and activity, sustaining injury to their
1i nervous systems and person , all of which injuries have caused and
I
18 continue to cause Plaintiffs great mental , physical and nervous
19 pain and. suffering , worry, insomnia , and humiliation , and as a
20 result of such injuries , Plaintiffs have suffered general and
21
special damages in an amount according to proof.
22 WHEREFORE, Plaintiffs pray for judgment as hereinafter set
23 forth .
21
FIFTEENTH CAUSE OF ACTION
25
(Against Defendants TWENTY-FIRST DOE through
26
THIRTIETH DOE -- Breach of the Covenant of Good Faith and
27
Fair Dealing , violations of Fiduciary Duties,
28
21
and Statutory Violations)
1 _
2 Plaintiffs allege as and for a Fifteenth Cause of Action as
follows :
3
4 76. Plaintiffs reallege and incorporate by reference each
and every allegation contained in Paragraphs 1 through 75 of this
J
G complaint as though each were fully set forth herein .
i 77. At all times herein relevant, Defendants. agreed to act
8 in good faith and deal fairly with Plaintiffs when they entered
9 into a real estate transaction which resulted in the sale of 14
10 Oak Drive to Plaintiffs. Said Defendants thereby assumed a
w
11 fiduciary obligation to Plaintiffs and agreed to abide by . their
12 fiduciary duties. Nevertheless , said Defendants refused and
13 failed to act in good faith and deal fairly with Plaintiffs, and
14 breached said fiduciary obligations , as set forth more
15 particularly below.
16 78 . In 'the absence of a reasonable basis :for doing so , and
17 with full knowledge and/or reckless disregard therefor , said
18 Defendants , at Contra Costa ' County , California , and other
19 locations, have failed to make a full and complete disclosure of
20 material facts regarding damage to 14 Oak Drive to Plaintiffs as
21 required by the laws of the State of California .
22 79. Said Defendants made false and misleading statements as
23 to the safety and habitability of the property . .
24 80. Said Defendants failed to adequately investigate
25 Plaintiffs' property prior to the sale as required by California
26 Civil .Code Section 2079, et seq.
27 81. As a direct and proximate result of said conduct of
28 said Defendants, and each of them, Plaintiffs have suffered
22
1 severe emotional and mental distress, all to their general
2 damages in an amount not yet determined but which is in excess of
3 the- minimum jurisdiction of the Superior Court .
4 82. Said Defendants committed said acts at Contra Costa
5 County, California , and other places, intentionally, maliciously,
6 fraudulently and/or with reckless disregard for Plaintiffs'
7 rights and/or the likelihood of causing Plaintiffs severe
8 emotional and mental distress, and/or at all times to further
9 their own economic interests , mental health and well-being .
10 83. As a direct and proximate result of said conduct, of
11 said Defendants, and each of them, Plaintiffs have incurred and
12 will incur attorney's fees, costs and expenses and other general
13 and special damages in an amount not yet determined .
14 84 . In order to deter such conduct of said Defendants in
15 the future and prevent the repetition thereof as a practice ,
16 Plaintiffs pray exemplary damages .to be awarded .
17 SIXTEENTH CAUSE OF ACTION
18 (Against Defendants NINTIETH DOE through ONE HUNDREDTH DOE
19 and Defendant TERMINIX INTERNATIONAL, INC. -- Damages ,
20 Negligence, Fraud , Fraudulent Concealment, Breach of
21 Express and Implied Warranties)
22 Plaintiffs allege as and for a Sixteenth Cause of Action as
23 follows :
24 85. Plaintiffs reallege and incorporate by reference each
25 and every allegation contained in Paragraphs 1 through 84 of this
26 complaint as though each were fully set forth herein .
27 86. At all times mentioned herein , , Defendant TERMINIX
28
23
INTERNATIONAL , INC. , is and was a structural pest company
1
licensed to do business in the State of California .
2
87. That on August 30 , 1984 , TERMINIX INTERNATIONAL , INC. ,
undertook to inspect the premises known as 14 Oak Drive, Orinda,
4
California , a home which Plaintiffs were purchasing from
5
Defendants MILLER. That instead of inspecting said premises ,
G
Defendant TERMINIX INTERNATIONAL , INC. , copied or used a report
i
8 on said property dated July 27, 1983, and did not or negligently
9 inspected said property .
10 88. Defendant TERMINIX INTERNATIONAL, INC., filed a Notice
of work Completed dated September 91 " 1984, allegedly based on the
11 ;
12 inspection report dated August 30 , 1984 , when in fact certain
13 necessary work was not completed .
14 89 . At all times herein mentioned , Defendant TERMINIX
15
INTERNATIONAL , INC. , had an affirmative duty to conduct a
16
reasonably competent and diligent .inspection of the property and
li
the structure hereinabove referred to and to inform Plaintiffs of
18 their true finding . I
90 . At no time herein mentioned did Defendant TERMINIX
1J �
20 INTERNATIONAL, INC., perform a reasonably competent and diligent
21 inspection and any inspection , if one was performed at all , was
22 done in a negligent manner and failed to find widespread damage ,
2:3 infestation , and dry rot throughout the residence .
24 91. when Defendant TERMINIX INTERNATIONAL , INC. , made the.
25 aforesaid representations, they knew them to be false and their
26 representations were made by Defendant TERMINIX INTERNATIONAL ,
27 INC. , with the intent to deceive Plaintiffs .
28 92. Defendant TERMINIX INTERNATIONAL , INC. , made various
24
] express and implied representations and warranties to
2 Plaintiffs , both written and oral , which were untrue and
3 misleading .
4 93 . As a direct and proximate result of said conduct of
5 Defendant TERMINIX INTERNATIONAL, INC., and other Defendants, and
G each of them, Plaintiffs have incurred and will continue to incur
I attorney' s fees, costs and expenses and other general and special
8 damages in an amount not yet determined .
9 94 . In order to deter such conduct of said Defendants in
10 the -future and prevent the repetition thereof as a practice.,
11 plaintiffs pray exemplary damages to be awarded .
12 WHEREFORE , Plaintiffs pray against all Defendants as
13 follows :
14 As to the First and Second Causes of Action:
15 -'
(1 ) For general and special damages in a sum according to
16 proof ;
li
(2 ) For costs of -4,iuit incurred herein ;
1S
(3 ) With regard to Plaintiffs' Second Cause of Action for
]9
Nuisance, Plaintiffs pray against those Defendants, in addition
20
to damages stated above, that said Defendants abate the nuisance
21
that currently exists ; and ,
22
(4 ) Such other and further relief as this Court may deem
23
proper .
24
As to the Third Cause of Action:
25
(1) For an order requiring Defendants to show cause, if any
26
they have , why they should not be enjoined as hereinafter set
27
forth, during the pendency of this action ;
28
25
1 (2) For atemporary restraining order , a preliminary
2 in and a permanent injunction, all enjoining Defendants,
and each of them, and their agents, servants, and employees, and
3 _
4 all persons acting under , in concert with, or for them:
5 (a) to refrain from Defendants' maintaining property
6 in a manner which allows continual damage to Plaintiffs'
i property .
8 As to the Fifth , Sixth , Eleventh, Twelvth , Thirteenth ,
9 Fourteenth , Fifteenth and Sixteenth Causes of Action :
10 (1 ) General and special damages in excess of $25, 000.00 ,
11 and according - to proof;
12 (2 ) Interest on all of said sums as allowed by law from and
13 after September 1984 ;
14 ( 3 ) Punitive and exemplary damages in the sum of
15 $1 , 000 , 000 . 00 ;
16 (4 ) Costs of suit;
(5 ) Attorney' s fees and expert fees ; and ,
17 . .
18 (6 ) Such other and further relief as this Court may deem I
19 proper .
20 DATED : October 23 , 1986 .
L
21
22 �l'� C
ALAN M. MAYER
23 Attorney for plaintiffs
24
M
25
26
i
27
28
26
NCR (HoC.arbonRequired)
i ENTiAL P CH REEMENT AND DEPOSIT RECEIPT olJpapes
R s p �$F. G
RECEVED FROM .i��. Dr .. /,G.. .. ... . . . r..4?/1J . ... . ... . .:... . .. .
.
.... . . . .. . . .. , heteinallei designated as PURCHASER, the amount set forth in Item 1•A, as deposit on account
of the Purchase Price of $ Q?0i,/ 00.0. . . ( .i c�Q-. tel.✓N.Q�I e�Q. .... ../1 -. . . . .. . . . . .. .n,.� .... DOLLARS)
for the real property fueledG 1P the Clty o �ii1!n!eJQ r p.Jr�[!9 . . . �A. Slate of. . .4+". .
I .. ... .... ...... COuni., aI .. . . . . .,
besot d as ..� .:.. .[�7.!� • • f✓E. upon the following TERMS AND COND11IONS
1. F ANCIAL TERMS. y\Ir1�.I T 41,-(/1
A. $ /..�C �c . . . . . DEPOSIT evidenced by ❑ Cash, ❑ Cashiers Check, ❑ Note, Personal Check, payable to ?u . . . .
.. . . . . . ... . .. . . . . .. .... . . .. ... . . . . .... .. .. . .. . .... ... . to be deposited in bust upon acceptance
ADDITIONAL CASH DEPOSIT in escrow ❑ within....:..days from acceptance, ❑ upon removal of all conlingenc es
C. S 13ALANCE OF CASH PAYMENT at close of escrow
D. s1417crtl. . . PROCEEDS FRO,M)NEW LOAN(S), conditioned upon Purchaser's ability 10 obtain
�
Final Loan S .�7r'/�1 0Q.Payalr a at approximately$ /. ...... per monlh,with interest not to exceed//,�
at ❑ Fixed Rale, U 011ier •: ... .. .. . . . . . .. . .. . . . with the balance due not less than. . . . . . . years
Loan lee not to exceed rev plus S.A.P.Q•..Other terms:...................................I..............
.... .. . .. ..... ... . ... .............. ....... .. . ...... . .. . . ... .. .... . . . . . . . . . . . . . . . . . . .. . . . . .
Second Loan S . . . . . . ... ., payable at approximately S . . . . . . . , per month, ❑ or Mort,
with interest not to exceed.. .. ... . .%, at ❑ Fixed Rale, Other: .. . ....... . . . .. . . . . .. . .I . .... .. .... .....
with the balance due not less than. . .. . ... . years. Loan lee not to exceed. . . . . ... . 46 plus $ . . . . . . . . . . . .. . . . . .
In the event the first loan is a VA or FHA loan, Seller agrees to pay discount points not to exceed . . . .•. . . . . .4u. Any other
charges to obtain financing or obtain a commitment shall be paid by Purchaser.
Purchaser shall use his best efforts to quality lot and obtain said financing or loan commitment within .. .. . .. ....... days
of acceplanct, or waive this condition in writing.
E. S .. . .. . . . .. .. ... . EXISTING LOAN(S) at record in the approximate arr)ount(s) specified.
❑ Conditioned upon assumption of, ❑ Subject to: `
First Loan of a proximately,i payable at S. . . . . . . . . per month, with interest currently at
.. . . . . . . .4t,. Fixed Rate, ❑ Other:. . .. . . . . . . .Held by: . . . . . . . . .. ... . .. . . . . . . . . . .. . . . . . . . .. ... . . ..
(Monthly payments ❑ include, ❑ do not include Taxes and Insurance).Assumption lee,it any,not to exceed.. .......
Lu
❑Conditioned upon assumption of, ❑ Subject to:
Second Loan of approximately S .. ....... . . . ... . ... . .. .. payable at S . . . . . . . . . per month, with interest Cutrenlly
at .. . . . . . . . Yi, ❑ Fixed Rate, ❑ Other: . .... . .. .. .. . . . .. . .. . . Assumption lee, it any, not ID exceed. . . . . . . . .4u
Seller shall, wonin. . . . . . . . days of acceptance provide Purchaser with copies of all Notes and Deeds of Trust or Mortgage,.
to be assumed or taken subject to and within. . . . . .. . . . days of receipt thereof Purchaser shall in writing notify Seller of hi
approval or disapproval of such terms. which shall not be unreasonably withheld. Seller shall lufnish Purchaser a Curren.
Beneficiary Statement on the above loan(s) within. . . . . . . . days of acceptance.
In the event of ASSUMPTION, Purchaser shall use his best efforts to obtain the consent of the tender of record to assume
the above loan(s) within . . . . . days of acceptance, or waive this condikn it writing A;I charges related to such assuinp
Iron shaft be paid by Purchaser.
❑ ASSUMPTION OF VA LOAN WITH RELEASE OF LIABILITY
Purchaser shall assume Seller's Potential Indemnity Liability to the U.S. Government for the repayment of the loan.
F. $ . ....... .. .. . . .. SELLER TO CARRY: ❑ First, ❑ Second, ❑ Third Loan payable at $ . ... .. . . . . .. per month or more, incfudir
.........%interest,with the entire balance due . . . . years train Ilio dale of Conveyance or upon sate or transfer of the proper)
A late charge of S . ......... shall be due on monitily payments tendered more than. . . . . . . . . days late
Other terms. . .. ... . . .. ...... . . . . . .. ... ....... . .. . . . .. .. . . .. .... ...
. . . . . . . . .. . . . .. . . .. . . . . . .. .. .. .. . .
S . . . . . . . . .. .. ..... . . . .. . . . ... .. . . . . . .. .. . . . . ..... . . .. .. . .. . .. . . . . . . . . . .. . . . . . .. . . . . .
❑ FINANCIAL STATEMENT: Within. . . ': . . . . . dayS'of acCeplanCe Purchaser Shall furnish Seller a cuslumaiy Iniiiic
statement(of the sole purpose of credit approval,which approval shalt not be unreasonably withheld Purchaser aulhofrles Sell
to engage the services of a reputable credit reporting agency lot this purpose at Purchaser's expense and Seller shall not
Purchaser within.. .. . . . . . days of receipt of financial stl�a temenl, of approval or disapproval of Purchaser's credit.
G. S . . . .. . . . ... ... . . ALL-INCLUSIVE DEED OF TRUST: Purchaser shaft execute a�lole secured by an All-inclusive Deed of Trust an t
Property in lavor of . . . ... ...... .... .. . ... . ... . ... I. . . (Seller/Lender) payable at approximately $. . . . . . . . . . . . .
per month or more, with interest not to exceed. . . . . . .. .%, with the entire balance due . . . . . . . . years from date of cc
veyance. Loan fee, it any, not to exceed. . .. . . ... .%, Said Atl•Inclusive Deed of Tlus► is Subject to and subordinate to a 0,
Of Trust now on record in the original amount of S . . . . .. . . . ... . . . . . . .. . .. in laver o1 .. .. secut
a Note in the original amount, with an approximate unpaid balance of S ... ....... . . . : .. payable at $ . . . ...
per month including interest at. .. . .. . . .%. ❑ TatiEs and Insurance, with Itie balance due
The terms of the All-inclusive Note and Deed of trust and tht feints of Itie existing Note and Deed of Trust shall be subject to i
reasonable approval of the attorneys lot each:p3rly.Failure of either party to submil a wn;ten selection,specifying lie Obit C I I(
to any such documents within.. ......days of their submission to Such party,shall be deemed a waiver of any objection theft
/ Seller shall furnish Purchaser a current Beneficiary.Statement on the loin secured by the Deed of Trust of record wit
.. . . . . . .. days of acceptance. ❑ Additional term of the All-inclusive Deed of Trust on page 101.3
H. 'S ... . . . ... . . . .... BONDS OR ASSESSMENTS of record it assumed by Purchaser Ir
I. S ...... ........... ADDITIONAL FINANCIAL TERMS:
❑ Additional Financial Terms are specified under file heading"ADDITIONAL TERMS AND CONDITIONS." See page 101
i
❑ Addilional Financial Terms are contained in an ADDENDUM of sante dale, attached hereto, signed by both parties.
.J. S OQ� TOTAL PURCHASE PRICE (not including closing casts). Any nal differences between the approximate balance:
encumbrances shown above, which aretobe assumed or taken subject lo, and the actual balances of said encumbrance!
close of escrow snail be adjusted in lJ Cash, ❑ Other . . . . .
Purchaser's Inilials. I C.) Q 1 ( .�l . I Sellur's fnilials ( . 1 • . yl�.. •�
R O w, r „air rCORPr >MUI DRiVI S�4 Beer i CA 04107 x Rr A
FORM 101.1 n rn torr c,t ,ee�a rNu r ss o ueus ,wc co r u r,nis [S[NvtD llrrt•CJ Cot1.O"t
?ICH INo Ciibprr.AaQuited) Im iy ddie ✓�l VF Pagt 2 of 3 piges
2. :CLOSING. On of below /.... . . . or wi�thal . . . . calendar days of acceptance, whichever is I;,ler. Dolll p2111CS shall OCDOsif
with an aulhOrlIed Escrow Holder, to be selected by Y�I Purchaser, ❑ Seller, all funds and msl(urnenls necessary to complete the sale In accola3nre
with the terms hereof. Unlit then, Purchaser. Seller and Broker agree not to disclose the terms of sale Tile representations arid warranlieS shall not be lernfr•
naked by conveyance of the proper
.XeEscrow lee to be paid by . .... . . !� '2.. . ... . ... .. . Documentary Transfer Tax, it any, 10 be paid by .. . . . . . . . . ., . . ... . . . . .... .
3. OCCUPANCY. Possession shall be delivered to Pu(c
h
ase( (Check either itern)1) of Item)21)
1. UPON recordation of the deed. "T 3 Ute•
••C3 �, AFTER recordation, but not later than midnight of . . ............... ..... . .... ......... Unless Seller has vacated the premises pilot to
recordation of the aced, Seller agrees to pay Purchaser S. . . . .. .... . per day from recordation to dale possession is.delivered and to leave Irl
escrow a sum equal to the above per diem amount multiplied by life number of days licim dale of close of escrow to dale allowed above Tor Oellvel y
of possession. Said sum to be disbursed to the persons entitled llieielo on the dale possession is delivered'
4, CONDITIONS SATISFIED IN WRITING. Each condition contained herein shall be satisfied OR WAIVED in writing by fife party responsible within Iht
time specified,or this agreement,at the option of the other party,may be tennlnaled and all deposits returned to Purchaser less advances including expenses
If pest control and Credit reports.
S ROKER. Ttle terrn "Broker," as used herein, includes all sales persuils and cooperaling brokers and their sales persons {
8. DUE ON SALE CLAUSE. IF THE NOTE AND DEED OF TRUST OR MORTGAGE F011 ANY EXISTING LOAN CONTAINS AN ACCELERATION OR"DUE ON SALE
CLAUSE, THE LENDER MAY OEMANO FULL PAYMENT OF THE ENTIRE LOAN BALANCE AS A nESUL1 OF THIS TRANSACTION BOTH PAfiTIES:ACKNOWLE(IGE
THAT THEY ARE NOT RELYING ON ANY REPRESENTATION BY THE OTHER PARTY OR THE BROKER WITH RESPFCT TO 111E ENFOIICEARILIIY OF SUCH A
PROVISION IN EXISTING NOTES AND DEEDS Or 1HUS1 UR MOHIGAGES, Oil DEEDS OF TRUST OH MORTGAGES 10 BE EXECUTED IN ACCORDANCE WIIII llu�
AGREEMENT BOTH PARTIES HAVE BEEN ADVISED BY 1fiF BROKER TO SEEK INDEPENDENT LEGAL ADVICE WITH RESPECT TO TIIESE MATTERS.
7. BALLOON PAYMENT. BOTH PARTIES ACKNOWLEDGE THAT THEY HAVE NOT RECEIVED OR RELiEO UPON ANY STATEMENTS OR REPItESENTATIO_NS MADE
10 THEM by THE BROKER REGARDING AVAILABILITY OF FUNDS. OR RATE OF INTEREST AT WHICH FUNDS MIGHT BE AVAILABLL', WHEN PURCHASER BECOMES
OBLIGATED 10 REFINANCE OR PAY OFF THE REMAINING BALANCE OF ANY LOAN PUItSUANI 10 THE TERMS OF THIS AGREEMENT
8. PRORATIONS. Rents,taxes,interest and Ulric(expenses of life properly to be prorated as of the dale.of recordation of the detd Security deposits,advance
rentals, or considerations Involving future lease credits shall be credited to Purchaser.
9. INSURANCE. Purchaser to obtain hazard insurance prepaid lot one year in an amount satisfactory to the loan holders and covering one hundred percent
replacement cost of improvements and to name holders of (fie secured loans as additional loss payees.
10. EXAMINATION OF TITLE. Fifteen(15)calendar days Irom date of accEplance hereof are allowed the Purchaser to examine life title to the properly
and to report in willing any valid objections Ulerelo. Any exceptions to the title,which would be disclosed By examination of [lie ieco(as, shall be deemed I„
have been accepted unless reported in writing wilnln said fifteen (15) calendar days. If Purchaser objects to any exceptions to the (life, Seller shall use our
diligence to remove such exceptions al his own expense before close of escrow. But if such exceptions cannot be removed before cluse of escrow,all rights ani
uoflgations hereunder may, at the election of Ine Purchaser, terminate and end,and the deposit shall be relvrned to Purchaser,unless he elects to purchase Mr
property subject to such exceptions. —
11. EVIDENCE OF TITLE in the form 01 X a policy of Title Insurance, El other . ... .. .. .... .. .. . . . . . . . . paid by. �!�y� ..
12. ENCUMBRANCES. In addition to any encumbrances(elerred to herein, Purchaser shall take title to the properly subject to I1) Real Estate Taxes not yet
cue,and(2)Covenants,Conditions,Restrictions, Rights of Way and Easements of Record,it any which do not materially allect the value or intended use of the
Diciperiv.
The amount of any bond or assessment which is a lien shaff be ;FJ paid, ❑ I assumed by ��ll �e/� . . . . . . . ... . . . . .. . . .
13. NOTICES. By acceptance hereof Seller warrants Ilial he has no notice of violations relating to the properly Irom City, Courcy. of Slate agencies
14. FIXTURES. All items peimaneiilly attached to the properly including attached floor coverings, draperies with hardiAwaie• shades, blinds• window and dour
screens, storm sash, comuinJuon doors,awnings• light fixtures, television antennas• electric garage door openers with controls,outdoor plants,and trees,art
included in life purchase price tree of (rens, EXCLUDING. . . . . . .. . . . . . .. . . . . . .. . . . .. . . . . . . . . . . . . .. . . . . . . ... .. . . . .
15. PERSONAL PROPERTY. lne lollowing personal properly, on (he premises when inspected by Purchaser, Is included in the purchase price and shall be
Uansleired,lo Purchaser by a Warranty Bill of Sale at close of escrow. No warranty is implied as,to the condition of the said property
. ..... . . . . . . . . . . .. . .. . . . . . . . . . . .. . . . . . . . . . ... . . . . .
18. MAINTENANCE. Seller covenants that cite heating, air-conditioning lit any), electrical. Sewer,drainage, sprinkler(if any) and plumbing Sysleills includ l g
file water heater,3S well as burll•Ir,appliances and dlhi i mechanical apparatus shall be in normal working order on the date occupancy is delivered Seller stiolf
replace any cracked or broken glass including windows, mirrors, shower and tub enclosures. Until occupancy is delivered Seller shall maintain existing
landscaping, grounds and pouf (if any). The following items are specifically excluded from the above: .. . . . . . . . . . . . . ..... . . .. .
. . . . .... . . .. . ... .. .... . . .. . .. . . . . . . ... .. . . .. .... . ...... . .. .......... ... . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .... . . . . .
Purchaser and Seller understand and acknowledge trial Broker shall not in any circumstances be liable lot any breach In this clause.
17, ACCESS TO PROPERTY. Seller agrees to provide reasonable access to the properly to Pufch3sci and inspectors representing Purchaser as pfuv1JrJ
under any Ilem of paragraph(18)• and to fepie5enlallveS of lending insliluhons ler appraisal puipuses.
18. PROVISIONS ON THE REVERSE SIDE. The provisions checked below are Included in this agreement on the reverse side.
], A. Peat control Inspection paidky ❑ Purchaser, Q Seller ❑ J. Contingent upon the sale of ..................................
❑ D. Existing peal control report by ....................................... .....................................................................
Dated ..................:................................................. ❑ K. Inspection of physical condition & energy atflclency
❑ C. As Is, but subject to Purchaser's approval ❑ L. VA Appralsol Claus.
❑ D. Waiver of pest control Insp*cllon M. FHA Appraisal Clause, /
❑ E. Roof Inspection ' t!y fl. Smoke detectors, provided by . ��jj/.f/rr.'
.......................
❑
F. City and Countylnapactlona ❑ O. Flood hazard zone
❑ G. Condominium disclosure C ❑ P. Spuclal slutllos zone
`� p
H. Mom. Prosection Contract paid by-�1°�/P!L.. for S �1... ❑ 0.'Piobete sate
❑ 1, Maintenance resirve of S .............................................
19. DEFAULT. In life event trial Purchase) shall Uelaull in life peiloinf311ce of this allteeiiient• unless Hie parties nave agreed to a provision lot hquiaalcJ
damages,Seller flay, subytcl 10 any 1101115 of the brolkei hvicin, retain Purchaser's depu5il on account of damages sustained and may lake such acituns as b
deems appropriate to cotkcl such additional damages as may Clave been actually sust3med,and Purchaser shall have the right to lake such action as he eee:.�
appropriate to recover s„ck portion of the deposit as may be allowed by law. In the event that Purchase( shall so default, unless Purchaser and Seller Ifa,r
agreed to liquidated damages,Purchaser agrees to pay the Broker(s) entitled thereto such commissions as would De payable by Seller in the absence of such
default. Purchaser's otiligatlon to said Broker(s) shall be in addition to any rights which said Bioker(s) may have against Seller Irl the event of default In ii.c
event legal action is Inslltated By the Brokei(s),of any party to this agreement, to enforce the terms of this agreement, or arising out of the execution o1 m.s
agreement or the sale•or ld culled Commissions,the prevailing party shall be entitled to receive Ilum the other party a reasonable attorney lee lobe deternnnc,:
By life Court In which such actiun is brought.
20. LIQUIDATED DAMAUS. By initialing this provision Purchaser: ( . . .. .. . . . .I and Seller: ( ...... . . ... . .
agree that in the event Purchaser defaults In the performance of this agreement, Seller shall retain
the amount of the deposit, or three percent of the purchase price, whichever Is the lesser, as
liquidated damages for such default. The remainder of the deposit, If any, shall be refunded to
Purchaser. The parties agree to confirm this provision upon making the additional deposit with
the escrow holder. . (CONTINUED ON REVERSE SIV,
Purchaser's initials �.1�� .I V) \.) Sellel's Illilials I •����(/�lI 1.,:1�.t.il� .mo i
FOX. CAL 101.2 11 111 O CUI INICII TVI)II IhUII�IIUh AI /Ulllil MlhC COhr Int MAUI ORM S•M hAIAII CA Y/10) All PiGM15 pl i)hV1O (0K'1O*JTo4
'-4!}&—
NCR'lNofaruonReqred uiPiolxrlyAWicss -- ---Q�+fK lop/ �----._..._—.. .— - - — -- Pagr5
• I
RESIDENTIAL PURCHASE AGREEMENT AND DEPOSIT RECEIPT
ADDITI. NAL TERMS AND CONDITIONS:
5, ��2*GT "�Q S_✓_li�G�SJ /—['l OS t ��E +eta— Oma_ �C..1 /17 F
- _ . ---
,- - -- -=�
._-.---shiS coif .r��_��__ .r, .��-- -- •----- . .-.- ._..-:.._. --�-- ---------
._�.�.—,_�1�s�1�<_.r�.nr�._.���'S.�/.Us.ic-r_c__.,dc�r�l�e.�.c�c�-.�__.�.�11�✓Es1_ __ .._
ADDENDUM. The following addendum of same date signed by Purchaser and Seller, attached heleto, is an integral part of this agreement
UFFI ADDENDUM (If applicable),.By placing their initials here: I. . . . . . . . I I I. Purchasers,cknowledge- rose yl of a "NOTICE TO BUYERS
REGARDING UREA-FORMALDEHYDE FOAM INSULATION" and "INSULATION ACKNOWLEDGEMENT- prior to execution of [his agreement
BROKER REPRESENTING BOTH PARTIES. By placing their initials here: Purchaser I. . . . . . . . . . . I I I
and Seller I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I acknowledge that . . . . .
the Broker In this transaction• represents both partes and Purchaser and Seller consent thereto.
EXPIRATION. This offer shall expire unless a copy hereof with Seller's written acceptance is delivered to Purchaser or his agent within days from Cate
TIME. Time Is of the essence of this agreement. All modilicallons and extensions shall be in writing and signed by all parties
The undersigned Purchaser has read this agreement and hereby acknowledges receipt of a copy of pages 1, 2, 2a and 3. Purchaser
acknowledges further that he has not received or rolled upon statements of representations by the undersigned Broker which are
not herein expressed. L�
rrII- 'l T7o- ( 7TIME
• . . . . ..`. .. . . PUIchd5Cf'S Broker DAiEO. . .... .. . ... . . .. .. .
.. . . . .. . . ..... . . . . . urchascl
Purchaser
Broker's Dated .... . ... .... . . . . .. . . . . . ..... . . . . . . . . . . .
ACCEPTANCE
Seller accepts the foregoing offer and agrees to sel herein jescribe iperty (of the price and on llie terms add ccondilions hcS, p r1f ed
COMMISSION. Seller hereby agrees to pay to ./A. A�I�. . . . F.rl!-T. . ,..JSP../0.... .. � (.G.:.. .�� O
the Broker In this transaction,in Cash from proceeds at close of escrow, for services re er d
... .... .. .. . . ...... ....... . . . . . . ..... . ...... . . . 2d. .S 4..! .../t�... .. .. . ... . . .
In the event that Purchaser defaults and fails to complete the sale, the Broker shat! be er.ti! 10 receive one-half of Purcfiaser's deposit, but not more than the
commission earned, wlthoui picluaice to Bruker's rights to recover the balance of Itle conllnlsslon Yuen Purchaser. The mutual IescisSiorl ct this agieenienl by
Purchaser and Selzer snarl nut lelreve said parties of lhen obligations to Broker horeunde, this agreement shalt riot lunil th'e tights of Diukri provided fol ul buy
listing or other agreement which may be in effect between Seller and Broker, except that the amount of the commission(hall be as specified herein
The undersigned Seller hereby ac nowlodgos receipt of a copy of pag'ts 1, 2, 2,and 3 of this agreement and authorizes Broker to
deliver a signed copy to Pur asj.
"'�`�•-/'•!l, . . ... .... Seller's Broke! DA 7D: .02�. /WTIME�8y .... . . ......... . 1. �. .. ..... .. (.: . . . . .. Seller
•.%Broker's Initials: ....... .. .......... Dated: . .......... . ....•.... .� .. .. .. .. .. . . ..
. . . ... . . Seller
The undersigned Purchaser hereby acknowledges receipt of a copy of the accepted agroemont.
DATE #' . . .... Purchaser
. ... . ....... . . . ....... TIME' ... . .... ..... .. .... .. .!. .. .......... . .. .. . . . . . . . .
FORM 101.9 tUo UXUV. 7l
11.17, V l'U1YNi(;nl 11'11 b�1NDIlSSIUNAI 1UtllISNI1.LCGFY 11?PAUL DNIVr SAN NAIArI CA119U1 All Ni6N11 elSr�VrO �+Jth+autMu+c
i
I
. i
i
2 LAW OFFICES OF ALAN MATTHEW MAYER, INC.
80 E. Sir Francis Drake Blvd.
3 Suite #3E
Larkspur, CA 94939
4 HARVEY M. KLETZ , Esq.
5 KLETZ & MOLL
5315 College Avenue
6 Oakland, CA 94618
( 415 ) 655-7141
7 Attorneys for : Plaintiffs
8
9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
FOR THE COUNTY OF CONTRA COSTA
11
12
i DARRYL .RUDOLPH and
13 CAROLINE RUDOLPH No. : 290507
14 Plaintiffs AMENDMENT TO
FIRST AMENDED
15 COMPLAINT FOR
vs. PROPERTY DAMAGE
16 AND PERSONAL INJURY
MARTIN M. MILLER, SYLVIA
17 MILLER, CITY OF ORINDA, JOHN
M. GRUBB REALTY, JOHN M. GRUBB,
18 NADINE USTICK, TERMINIX
INTERNATIONAL, INC. and FIRST
.19 DOE through ONE HUNDREDTH DOE,
inclusive ,
20
Defendants
21 ;
22 Plaintiffs, CAROLINE RUDOLPH and DARRYL RUDOLPH, allege
23 against defendants, and each of them, as follows :
24 1 . Plaintiffs hereby amends the Second Cause of Action
25 of the First Amended Complaint as follows . All aspects of
26 the First Amended Complaint will remain unchanged.
27 SECOND CAUSE OF ACTION (Nuisance)
28 Plaintiffs allege as and for the Second Cause of Action
as follows:
l�
1
2 10 . Plaintiffs reallege and incorporate herein by
3 reference each and every allegation contained in Paragraphs 1
4 through 9 of this complaint as though each were fully set
5 forth above.
6 11 . Plaintiffs are informed and believe, and based upon
7 such information and belief, allege that Defendants CITY OF
8 ORINDA and FIRST DOE through THIRTIETH DOE, inclusive, were
9 owners of adjacent or nearby property to Plaintiffs '
10 Property, maintaining said property in a condition which
11 allows damage and threatens further damage to Plaintiffs '
12 property. Said threatening condition poses a continuing
13 hazard to Plaintiffs ' property in that in its present
14 condition it is injurious to the health and constitutes an
15 obstruction to the free use of Plaintiffs ' property so as to
16 interfere with the comfortable enjoyment of life and property
17 thereon, and so as to have consdtituted thereby a nuisance to
18 the person and the real property of plaintiffs :
19 12 . Plaintiffs are informed and believe and, based upon
20 such information and belief, allege that Defendants, and each
21 of them, are aware of the presently dangerous conditoin of
22 the Defendants ' properties . Defendants have not taken, and
23 currently refuse to take, any steps to correct this
24 situation. Unless Defendants are enjoined to abate this
25 problem, Plaintiffs will continue to be damaged.
26 A. Plaintiff is not required to file a claim with
27 the Defendant City of Orinda prior to filing this Cause of
28 Action for nuisance. e
KLETZ MOLL
ATTORNEYS AT LAW
6715 COLLEGE AVENUE
OANLA NO.CALIF. 84616 -2-
/4 171 67]-7141
1 13 . By reason of the foregoing acts and omissions of
2 Defendants , and each of them, Plaintiffs ' property has been
3 damaged in a sum in excess of $100, 000. 00. In addition, the
4 acts and omissions of the Defendants caused Plaintiffs
5 personal injuries in the form of anxiety, mental and
6 emotional distress, all to the Plaintiffs ' damage.
7 WHEREFORE, Plaintiffs pray for judgment as hereinafter
8 set forth .
9 2 . The remainder of the First Amended Complaint remains
10 unchanged.
11
12 Dated: March 31 , 1987
13 H RVEY M. ETZ
Attorey for Plaintiffs
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
KLETZ MOLL
ATTORNEYS AT LAW
_3-
5315 COLLEGE AVENUE
OAKLAND.CALIF 64616
14 151 6557141
z 4 CLAIM
' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Clam Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 13 , 1987
and Beard 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
Amc�,nt: Unspecified Section 913.and 915.4.v�Plgaaje note all "Warnings".
MICHAEL MERRITT
CL AIMAiJ: 1411 Lang Street SEP j �' 1987
Martinez , CA 94553 .
ATTOR�,_Y: e A 94553
�viaetjrl..z, C�
Date re eve '
ADDRESS: BY DELIVERY TO CLERK ON September 4, 1987 CAO
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: September 11 , 1987 �d: Deputy
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( )) This claim complies substantially with Sections 910 and 910.2.
'E✓) 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:
. Deputy County
Counsel BY:
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
(VQ 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. q 7
Dated: OCT 1.� 1 ` PHIL BATCHELOR, Clerk, By QM00 ef j 0 , 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.
c 1QQ7
Dated: QCj� 1 6 t3� BY: PHIL BATCHELOR by__(4� j eputy Clerk
CC: County Counsel County Administrator
1.
;y
h, CLAIM TO: BOARD OF St7NI�RVISORS OF `CONTRA COSTA COUNTY
t
Instfriiction o Claimant
A." Claims relating to causes of action for death or for injury to
person or to personal property or growing crops must be presented
not- later than the 100th day after the accrual of ' the cause of
action. Claims relating to any other cause of action must be
presented not later than one .year after the accrual of the cause
of action. (Sec. 911. 2, Govt. Code)
B. Claims must be filed with the Clerk of_ the Board of Supervisors
at its office in Room 106 , County Administration Building, 651 Pine
Street, Martinez , CA 94553 (.or' mail to P.O. Box 911, Martinez, CA) ,.
C. If claim is against a district governed by the Board of Supervisors ,
rather than the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims
must be filed against each public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end
of this form.
RE: Claim by ) Reserved For tamps
RECEIVED
Against the :COUNTY OF CONTRA CO_ STA) `
' � ) nus wra�o�
or DIST, ICT) C FRI J
s
(Fill in name) )
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District ih the sum of $
and in support of this claim represents as follows:
------------------------------------------------------------------------
1. When did the damage or injury occur? (Give exact date and hour)
T15 7
2. Where did the damage or injury occur?, (Include city and county)
------------ - ---&/k
3. How'did the damage or injury occur? (Give-full details, use extra
sheets if required) 0Tjj� �f
rU/�t/v v<
4, What p ticular act or omission on the part of county or district
office servants or employees caused the injury or damage?
(over)
5. .:-hat are the names of county or district officers, servants or
employees causing the damacle or injury?
6ZE MS
6. What damage or injuries do you claim resulted. Give full extent
of injuries or damages claimeV Attach two estimates for auto
damage) - JQ 1 �`c,�/�-o-at `�a2
7. How was the amount claim above omputed:34 (Include the e'stimafed
amount of any prospective injury or damage. )
--------------------------------------------------------------------------
- o
-------------
8. Names and addresses of witnesses, doctors and hospitals.
lCr - o Fhl P2-oYE-5
---------
9. List the expenditures-you-made on account of this accident or injury:
DATE ITEM AMOUNT
a
�MJ..iO.:•.:Z 4-: • .� �.
r.>•��. •�� �
Govt. Code Sec. 910. 2 provides
--- "The claim signed by the claimant
SEND NOTICES TO: (Attorney) or b some ^err on on his behalf. "
Name and Address of Attorney Y /f
Claim
is ignature
- -
Add ss
Telephone No. Telephone No. ��
**************************************************************************
NOTICE
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents for allowance or
for payment to any state board or officer, or to any county, town, city
district, ward or village board or officer, authorized to allow or pay
the same if genuine, any false or fraudulent claim, bill, account, voucher,
or writing, is guilty of a felony. "
C;.AIM
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 October 1 3 , 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 ac-ti take o .,Yyou!r1 cEl? im by the ,Board of Supervisors
(Paragra tf9�� 1 0 4r SW pursuant to Government Code
Amount: $989 . 87 Section 913 and 918glease note all "Warnings".
SFP 1 .. 9
CLAIMANT: BILL & JULIE BRANDES Martinez, CA 94553
4033 Via Estrella
ATTORNEY: Martinez , CA 945.53
Date received
ADDRESS: BY DELIVERY TO CLERK ON September 3 .__ 1987
BY MAIL POSTMARKED: September 3 , 1987
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. -
C_
�bIL BATCHELOR, Clerk
DATED: September 14, 1987 : Deputy '
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: �� BY: puty County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
This Claim is rejected in full .
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: OCT 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: QC 116 147o
BY: PHIL BATCHELOR by JDeputy Clerk
CC: County Counsel County Administrator
CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
Instructions to Claimant
A. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops must be presented
not- later than the 100th day after the accrual of the cause of
action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause
of action. (Sec. 911. 2 , Govt. Code)
B. Claims must be filed with the Clerk of the Board of Supervisors
at its office in Room 106, County Administration Building, 651 Pine
Street, Martinez , CA 94553 (.or mail to P.O. Box 911, Martinez, .CA) .
C. If claim is against a district governed by the Board of Supervisors,
rather than the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims
must be filed against each public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end
of this form.
RE: Claim by ) Reser g stamps
A i ;� + J-_\�e_ i?>-'-Q des ' 10ECEIVED
Against the COUNTY OF CONTRA COSTA)
or DISTRICT) AR
(Fill in name) )
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ 9'Cdq. $7
and in support of this claim represents as follows:
------------------------------------------------------------------------
d
1. When did the amage or injury occur? (Give exact. date and hour)
--------- --------------------------------------------------------------
2. Where did the damage or injury occur? (Include city and county)
------------------------------------------------------------------------
3. How did the damage or injury occur? (Give full details, use extra
sheets if required Y__ h (bc-'S QF T
��.
-t'�-. a� �1�► se-s`�.��1�es� �'►��5 �Qac .
- -- -------------------------------------------
4-.--Wh-at--particular------------act----or---o-mission on the part of county or district
officers , servants or employees caused the injury or damage?
(over)
5.' What are the names of county or district officers , servants or
employees causing the damage or injury?
-------------------------------------------------------------------------
6. What damage or injuries do you claim resulted? (Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage)
-------------------------------------------------------------------------
7. How was the amount claimed above computed? (Include the estimated
amount of /an�,y prospective injury or damage. )
-y� <!z
8. Names and addresses of witnesses, doctors and hospitals.
-------------------------------------------------------------------------
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
Fli;
a
! Govt. Code Sec. 910. 2 provides :
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or by some person on his behalf. "
Name and Address of Attorney
Claimant's Signature
(lean
Address
Telephone No. Telephone No.
**************************************************************************
NOTICE
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents for allowance or
for payment to any state board or officer, or to any county, town, city
district, ward or village board or officer, authorized to allow or pay
the same if genuine, any false or fraudulent claim, bill , account , voucher,
or writing, is guilty of a felony. "
AUTO GLASS•AUTO STEREOSOAM-FM RADIOS*
1935 ADDISON ST., BERKELEY, GA. 94704
5) 5 ,,•..
OF BERKELEY
r _..
.�,•.-�. - _ •.-'-tea '-���: � � .. � � �:;-�; •rfvN'r�,`�:<;:;:��: .
OWNER HOME PHONE .�, d
- •'fa
1�
gz
'ADDRESS WORK PHONE
CITY
DA
NAME OF I URANCE COMPANY
\O'.\� :r]• "?.i
E DEL I.D. NO. LICENSE NO.
`_�..: V'•n�"�-:.. Ott;%� -.',i4 �:':-.
. ir•
3
'.j'!' '=':' _ .l •r.;xl':•fit::.
Fx
CRY.:. �.".4.. �'�-C•�;'�'
5'I t':•.� `:i,:w _ .:CSSXl�
_ •'�'.,� Aid ' —
- tib• sir c.:-::'.:,
-
ti.
:`•rF.iii.�:: .•'c�''
PARTS ORDERED „ti:r.' a;�; ""•;^'°r;i!DATE`,
'��% ''t... ;:: :..c�W=`.�'~•: MATERIAL
s>:t
ESTIMATES'ARE FOR LABOR ONLY.MATERIAL ADDITIONAL. WE WILL NOT BE RESPONSIBLE FOR LOSS:..OR DAMAGE:CAUSED.BY-FIRE:;TFiEFT ,TES,TING OR
ANY,
OTHER CAUSES BEYOND OUR CONTROL.
•TERMS ARE NET CABii • LA�B,yO_R� �` C�
t'-.� .. � �:E;� ..�5 '.;?:lin s;�.:ur`+:.7�{%`.' r{.�_•'-, +Y..: 1.
M:�. ,.{,�.!,-,_ ',3 '=f:::i,.'.�-C'.^7Y ,�Cy. A a,+�•�y~3.a •:i'��%v.
±� _ - �':.: �'�-`l'�;'C;,•�.:4,;'�'.iiir..y.•:.'�.��?��L'':f:X)%�, *.;-T'^-fds�ji'' •yf C
r:
'AUTHOR ZED.BY '. •�-';;. _ . �;, s
:i. _
;,. .
A .I
i.
VN
•!'':,".�' .I sr. 1{�,!. y'_ .. - - _ "!. .�'>+�:74 :+�:t,�i�'•
...T.r... .. :.......
e. n...
AUTO 35 ADDISON S STBERKEL YMCA. 94 0405• �� Zl � Ln>TE
t OF BERKELEY (415) 548-1434
OWNER \ - �-- J- HOME PHONE
ADDRESS . WORK PHONE
CITY
DA AME OF INSURANCE COMPANY
MAKE, MODEL 1.D. NO. LICENSE NO.
DESCRIPTIONREPAIR REPLACE . •
CAJ
:.. "PARTS ORDERED ......_:,. ....,.. .. -: _ ;`.DATE
Q: MATERIA
ESTIMATES ARE FOR LABOR ONLY. MATERIAL ADDITIONAL. WE WILL NOT BE RESPONSIBLE FOR LOSS OR DAMAGE CAUSED BY FIRE,THEFT.TESTING OR ANY
OTHER CAUSES BEYOND OUR CONTROL.
•TERM S ARE NET CASH • LABOR
.. -TAX.:.., ._
AUTHORIZED BY
RECEIVED BY TQTAL:
DUE ": ..._
r
f
e JRI�'\�
AUTO GLASS•AUTO STEREOS•AM-FM RADIOS• ��������1935 ADDISON ST., BERKELEY, CA. 94704OF BERKELEY
(415) 548-1434
OWcs HOME PHONE
ADDRESS \ WORK PHONE
CITY
DA NAME O SURANCE COMPANY
[MAKE MODEL � � I.�. LICENSE NO.
REPAIR REPLACE DESCRIPTION :.'
AMOUNT
,r-
PARTS ORDERED -DATE. ., d
....... MATERIA
ESTIMATES ARE FOR LABOR ONLY. MATERIAL ADDITIONAL. WE WILL NOT BE RESPONSIBLE FOR LOSS OR DAMAGE CAUSED BY FIRE,THEFT,TESTING OR ANY
OTHER causes BevoNo OUR CONTROL. •TERMS ARE NET CASH e LABOR O
�d
TAX;,..-,;';'��Q
AUTHORIZED BY !^
RECEIVED BY TOTAL.
DUE . . y..
r
C & F GLASS CO. DATE
300 24th Street d _!m y 10`.3 7
OAKLAND, CALIFORNIA 94612 NUMBER
Phone 835-2636
4C333
TERMS:
PLEASE DETACH AND RETURN WITH YOUR REMITTANCE $
DATE CHARGES AND CREDITS BALANCE
BALANCE FORWARD
$447 . 45
16 .
la5or 101 . 42
tax 32 - 44
$597 . 31
LISA FEUSIER
C & F GLASS CC
300-24th Street, Oakland, CA 94612 Phone 835-2636
r
C & F GLASS CO. �LATE
300 24th Street July 1Q 7
OAKLAND, CALIFORNIA 94612 NUMBER
Phone 835-2636
I�:,artinEz , ':x453_
TERMS:
.LEASE DETACH AND RETURN WITH YOUR REMITTANCE s
DATE CHARGES AND CREDITS BALANCE
BALANCE FORWARD
7
• 1 .:�/=nie_d .- .,. 35^�in�� � int .
$336 90
1 kit
8 30
116 , 60
tUx
$485 96
PAY LAST AMOUNT
IN
IN THIS COLUMN
C & F GLASS CO. l7W
r
C & F GLASS Cd. DATE
300 24th Street July 3
OAKLAND, CALIFORNIA 94612 NUMBER
-- Phone 835-2636
' ill --Lrides
4033 Via ire; ? ].a
f,;artinez , 945,3^
TERMS:
PLEASE DETACH AND RETURN WITH YOUR REMITTANCE .S
DATE CHARGES AND CREDITS BALANCE
BALANCE FORWARD
1
%-1/shield ,;?94;:in� , ,1 ,_ .., i`�I•:� ' _;
$230 45
l0.h0r 87 50
tax 16 13
$334 08
PAY LAST AMOUNT
IN
IN THIS COLUMN
C & F GLASS CO.
e
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 October 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: $55 . 00 Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: TONYA SHARVON LEWIS County Counsel
1539 Rayburn Court #C
ATTORNEY: Fairfield, CA 94.533 SF-P 11' 1987
Date'`received
ADDRESS: BY U—Wnq\gk1?Q4, 00AK9)$ 5§!PteMber 8 , 1987 SUP - Ct .
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.
BHHIL BATCHELOR, Clerk l `DATED: Se teilber 11, 1987 puy
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(.>�, This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: , BY: eputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
This Claim is rejected in full .
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: O V� 1 3 1387 PHIL BATCHELOR, Clerk, By—Q4= d 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 claimantas shown above.
Dated: ! 1 6 19�r. BY: PHIL BATCHELOR by Deputy Clerk
:-
CC: County Counsel County Administrator
GRIM TO: BOARD OF SUPERVISORS OF CONTRA CopT
AQWWapplication to:
- In3tructions to ClaimantC!erk of the Board
'—
P.O.Box 911
Martinez.California 94553
�A. Claims relating to causes 'of action for death or for injury to
person or to pe_sonal 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 offiye in Roor, 106, County Administration Building, 651 Pine
Street, Martinaz, 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 atend
of this form.
RE: Claim by )Reserved rk'R filincal stamps
l�►�u � S��2yo nl �-EW is �
RECEIVED
SEP8 1987
Against the COUNTY OF CONTRA COSTA)
PHh.BATCHELOR
or Pnzz�N=5 7 .1 A-r LISTRICT) � CLERK 20/kW OF SUPERVr:oa�
Fill in name ) oety
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ 55_°O Far
and in support of this claim represents as follows:
---------------------- — — — -- — — — --- --- —
When .did the damage or injury occur? (Give exact date and hour]
_
WkDr _ f -fl
or 7`'. o a�
�. W�iere did tie damage o injury occ:�r? (Include city and count )
3. How did the d age or injury occur? (Giveu�I details, ucae ext a
sheets- if required) MWJu y _1+1e, 1701 DF Auldls� 1991 "'TJ
1 bra 12oc1 j u, L7�,Wk-S C10 L S t1f)J( 54 v 6 S FDS- Sc.I LY -C L
-4)6,puf TD6v, -n+0 Ono-Nes A-tib sH66S W! rh- Sbox.6oNE
�LJ(iS CLOT�t�S )tfE1l) }�E 5f�l j A�F—JW 467 66 ( A-A-Lf 4l.Aij (D -C�4C[/COQ+.
4. What particular act or omission on the part of county or dlstrlet
officers, servants or employees caused the injury or damage? ,
AEtiJ �k Cl6AC,s Odd� SSW ES Por &E y U, t5u)IS
FOP- Auk jrall . D-P� +'\ C Loi�6s ft"d SA66S A/
WIM Saft oil6 EL6S . CLOTHES, X46 Wop/JO 4EWIS
6064 ac'V V Er� (over)
7146Y MSPLRCa ) 6tg06- '4WPy L) 2 1-asr 7Owicy �oWIL SHZS .
"5. , �,^at are the names of county or district officers, servants or
employees causing the damage or injury?
1 F,ed,Pts 400k 4u- skour_,� w�
6. What damage or injuries do you claim resulted? ZGive full extent
of injuries oz damages claimed. Attach two estimates for auto
damager
-How was the- Amount claimed t�.c��e com��uted (3��uz3e=-the gs� Ed
amount of any prospective injury or damage.)
6. Names and addresses of witnesses, doctors and hospitals.
--T-�---a.---a.---T--------�- a.a.T a.---a.-a.-a.---a.s.T-T----
�S. List the expenditures you made on account-of this accident or injury:
DATE ITEM AMOUNT
S - 4o -,S7 smogs CD
Govt. Code Sec. 910.2 provides:
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or by some persoon his behalf. "
Name and Address of AttorneyG8-
/I7� aima Signaatu e
6/0 nue J sr /5
Addr ss
A �rrCZ CA . 17,• i�2F/FICA ,
Telephone No. l /S� ��� �J Telephone No. '76 7- #P- 799Z
'NOTICE
Section 72 of ' th® Penal Code provides:
"Every person who, with intent to defraud, presents for allowance or
for payment to any state board or officer, * or to any county, town, city
district, ward or village board or officer, authorized to allow or pay
the same if genuine, any false or fraudulent claim, bill, account, voucher,
or writing, is guilty of a felony. " .
3 . Door UJ�ko C L
)Tj4 7R)?-5 -1-46-S A eA W. b UEY LC�Q
�k"-E SU�6_ �6 G6TS WS SHOES - —WOU Z PcSKEL RIP bdOT -1
ik
t�ouGkT UP 4EP-E- Pr-��j HE-
-S:Atb (RATS MOT fRjGST SC -1 T-0 71
�RZOT �)(�JbOLJ Ak)-Z,-) bES�kl 0_LCkk _DWF
Ge-T Pr cc Pr )b 546 Soki-o KI.,o _1H-UY KEET .IT Ok _lf+EZc
DU-)� IZEWI[ b OF W44A-T I ':�la&#r FNZ- Le�ujlls ,
Me�j D� _14G_ 19+1- 1 ]ZECICUEJ) A CALL -R67DMEY
46 bi-DNT EV6 ANY S4c)Gs - T�k 6 stto�s; mile A
T�N(SH GZPY SZ6 1by2_ 4Jt __F�0 bE;SIGW EP- S4tCS.
O-ALL-6 b *ST( RCE Y , PI)RMS"' VJI-0+ k C,Ub 'I k) M A L G,A , 0 fJ 15AW
'Q'llbc OF ktiEtL c4j EIf 14 e, ul, VdE(Z6 V&f� ' D L D
SKES 1ffEN -: -WoLtLj`� 7- i3b-iffeE . 58X(- Tk- y A(Y ?aC_hCPrLLLj`
( WICE, -1 —JALIED
T "l_")&Pu7iY t'_Rte TtA-_S , TRLklZSbAY +4E- �OK A Q b I COO RLM'UZ)
M-IR ON T46 MAT-rctAldi L) 446 136_W6 T1+6 O 6- --UD 4+a
TAtci -rZr t Me . -1,;UT KoDW !QE's6
JH
Poif) :J: HAU6- _SoMED6LS6 M(o
4+1,A . DEPUTY Fr�TIAs THCk) _ID , FILL OUT -F4(_5
_BUT T4Eq MiG4T S�+ouj UT. T _t �crt TZtYtk)& -ED M-PtKC- -rq(s A
t, P-> -
1�LIT '?60?L, *_' S�40&L�Z 'P-EMut-� P�- - ECEI PT C)f_ WPAT
Tk�q R-ItJ& DT
_j tjEo _(4C f4j�U7( 6 4C TC)0 j/
C) _D(FF7EP-C/07- 7670PLC_�:.
�Laf+c_r, 11,1i ik-1 60(�e sbftl6_7",H1Ib6_ WAS. RaPpE� T�qATS �pv
-77 ASWO 1 ZQP t,
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 October 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: $255 . 7 6 Section 913 and 915.4. Please note all "Warnings".
County Counsel
C_A.I MAfJ: KEVIN P . GRIFFIN
1900 Elliott Drive SEP 11' 1987
ATTORNI_': Vallejo , CA 94589 n^
Date rece5� tln@Z, CA 9,4553
ADDRESS: BY DELIVERY TO CLERK ON September 9 , 1987 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.
�aIL BATCHELOR, Clerk
DATED: September 11 , 1.987 : puts
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:
y y.
Dated:, BY: f iTl�� ! Deputy Count Counsel
I1I. 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 7
0
Dated: T 1 3 I PHIL BATCHELOR, Clerk, By J 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.
O
Dated: QC I 1 6 1887 BY: PHIL BATCHELOR by ° Deputy Clerk
CC: County Counsel County Administrator
CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
Instructions to Claimant
A. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops must be presented
not later than the 100th day after the accrual of the cause of
action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause
of action. (Sec. 911. 2, Govt. Code)
B. Claims must be filed with the Clerk of the Board of Supervisors
at its office in Room 106, County Administration Building, 651. Pine
Street, Martinez , CA 94553 (or mail to P.O. Box 911, Martinez, -CA) .
C. If claim is against a district governed by the Board of Supervisors ,
rather than the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims
must be filed against each public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end
of this form.
RE: Claim by ) Reser d C&Vs " stamps
ED
(ter iBT
Against the COUNTY OF CONTRA COSTA) CW
DAr
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 $
and in support of this claim represents as follows:
------------------------------------------------------------------------
1. When did the damage or injury occur? (Give exact date and hour)
2. Where did the damage or injury occur? (Include city and county)
-------------------------------- -- ------------ -------------------
3. How did the damage or injury occur? (Give full details, use extra
sheets if required)
Q LD C beck-Pct 0 .5- de- o-�
G'1✓1UL
0&1l LA_k k VP- l7(��(I i CUP % 0 [0J Gr E' Yo LA M� : v o !..✓�CJS u� (ale► .�ti. �,�2 �a,("t oln I('J
--- ---- - ---- ---- --- -- --
-- ---------------- --- - - --- ------ --- -----------
4. What particular act or omission on the part of county or district
officers , servants or employees caused the injury or damage?
�0 of e O nom, w a 5 ho`� �vti�e1�� -'! �.,h��e- �,e7 were �/'%v� 75
b ( �►mss ' r Ueh�cl-e C. e
(over)
.J A
5. What are the names of county or district officers, servants ori
employees causing the damage or injury? 1
-------------------------------------------------------------------------
6 . What damage or injuries do you claim resulted? (Give full extent
of injuries or damag s claimed. Attach tw estimates for auto
damage) � 0 n B i u��' S S �� m '1 trL, k .
-------------------------------------------------------------------------
7. How was the amount claimed above computed? (Include the estimated
amount of any prospective injur or damage. )
-------------------------------------------------------------------------
8. Names and addresses of witnesses, doctors and hos itals.
, s 014 o per ;
p r
-----------------------------------------------------------------------=-
9. List the expenditures you made on account of this accident or injury:
��- ""~ ITEM AMOUNT
0
"NI V.-A J
�....
Govt. Code Sec. 910 rovides :
"The claim siy the claimant
SEND NOTICES T0: (At ) or b so erson o his behalf. "
Name and Address of Attorney
aimant' s ignatur
00 v7l
/V dre �7 i
Y��
(/
Telep one No Telephone No.
NOTICE
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents for allowance or
for payment to any state board or officer , or to any county, town, city ;
district, ward or village board or officer, authorized to allow or pay
the same if genuine , any false or fraudulent claim, bill , account , voucher,
or writing, is guilty of a felony. " t
Pe4e-
C�
S7- 05-92
OFFICE OF COUNTY ADMINISTRATOR
CONTRA COSTA COUNTY
Administration Building
Martinez, California
To: Kevin Griffin Date: September 1 , 1987
Copy Center
From : Ron Harvey Subject: Claim Form
Liability Claims Officer ' �'
You will find enclosed a claim form which must be filled out
and sent to the Clerk of the Board of Supervisors . The law requires
that a formal claim must be submitted not later than 100 days from
the date of the accident.
You should also forward a couple of estimates for repair. How-
ever, I will need to know the identity of your insurance carrier
(agents name, address and phone number) . I need to find out if
you have submitted a claim to your insurance carrier.
Lastly, please advise if your vehicle was parked in a reserved
County parking space. Did anyone witness the accident? If you
have any questions, my extention is 2926 .
RH: la
Enclosure
Damage B2yort 089954 , DATE
NAME I1.'1l1._—~' �_4r'V1..- YEAR � �'C' AKE. 5_-J('63 MODEL I�� ►' �
...._...._-� 1 -i -----
ADDRESS ,�� '��_._.. L�L e r L LICENSE NO. d ...-----MILEAGE—. C) ('
CITY.------ r•1-iy. �.L� ._. _STATE -_ZIP-- ( sill -- VIN NO.._ J T M I 1,A
H.PHONE.-..�__----- J �l_W PHONE_____.__-__—_._ .-_.-- PROD DATE.__. .___BODY CODE___. PAINT,= _TRIM—_ —..-_
NS.CO....-- — —.... ADDRESS__-__—._..... —DATE OF LOSS_._.__—CLAIM NO.
ADJUSTER—___ � - PHONE__.__............. LIC.NO._ .__ FILE NO_..__
Line ReRe - DETAILS OF REPAIR LABOR "C)LJFSU
tS PARTS BLET/MISC
No. pa-r place N=NEW U=USED R=REPAIR S=STRAIGHTEN RIC=RECYCLE I RECHROME I RECORE BODY PAINT FRAME MECH
2
3
4
�G
5
6
7
8
9
10
11
12 -
13
14
15
.,16
17
18
19
20
21
22
23
24
25
26
OLD PARTS WILL BE DISCARDED UNLESS OTHERWISE INSTRUCTED TOTALS
SOMETIMES AFTER THE WORK HAS BEEN STARTED ADDITIONALLY DAMAGED OR WORN PARTS ARE DISCOVERED f J
WHICH WERE NOT EVIDENT ON FIRST INSPECTION.THIS DAMAGE REPORT DOES NOT COVER OR INCLUDE ANY L BODY J ,J.1-hrs.Cii• �71') j
ADDITIONAL PARTS OR LABOR WHICH MAY BE REOUIRED. ALL PARTS. PRICES ARE SUBJECT TO INVOICE. A
PAINT.�\ '�_ hrs.@ � rJ I `
. -
I hereby authorize the above work and acknowledge receipt of copy. B
O FRAME __— hrs.@
Signed X Date R MECH hrs.0.
PARTS Prices subject to invoice_
SUBLET/MISCELLANEOUS—
Paint Supplies=Dhrs.@
BARBER BODY SHOP
�tt�1
s Body Supplies—hrs.@
&W R8�o0d S. • Vallejo, Califomia 945M Towing/Storage
Phone /7OT/ 643'W71 EPA/Waste Disposal Charge—
Voftwagen - Chrysler -�7Pilymoouth - Dodge SUB TPTAL. . .. ... . ..
Chevrolet - BUIck • AMC - .hep - Yugo -._--TAX—%on$
WRITTEN BY TOTAL $
Form No.1024 IIDIE/A Inc Caldwell.ID 83605,Call Toll Free 1.800.635-9261 REV.10-86
we�:n. Wc1mv Amnon 000yoml :00; own:. vc perm wo: on mjzrvm-
- - - -
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r
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Cleilm Against the County, or Distr*ct governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 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 . 00 Section 913 and 915.4. Please note all "IeMiln
CLAIMANT: DOUGLAS MARGOLIS
c/o Margaret J. 'lossman SGP 2 "1 J
ATTORNEY: 1607 A Grant Street ,,.
Berkeley, CA 94703 ma, tinct 7 C:;-t =y
Date received
ADDRESS: BY DELIVERY TO CLERK ON September 18 , 1987
BY MAIL POSTMARKED: September 17 , 1987
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. -
September 24, 1987 PpHHIL BATCHELOR, Clerk
DATED: BY: Deputy �'. ✓G! �._
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: � Z 7 BY: Deputy County Counsel
11I. 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
per) 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:_OCT 13 1987 PHIL BATCHELOR, Clerk, By J 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.
0,
Dated: � ,� 1 6 1gQ7 BY: PHIL BATCHELOR by0 eputy Clerk
CC: County Counsel County Administrator
CLAIM -TO: BOARD OF SUPERVISORS OF CONTNA
Instructions to Claiman' Return original application tc
Clerk of the Board
651 Pine St., Room 106
Martinez, CA 94553
A. Claims relating to causes of action for death oz'*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`f tTis form.
•**�a•Baa*,►*�a�aa�rs��s*,►***�r,a�f��*�*��i��t�e�• •Rt�•�t*t�*�•����tttt
RE: Claim by )Resery dl � �$' D g stamps
DOUGLAS MARGULIS )
Against the COUNTY OF CONTRA COSTA) 'e MEIOR
oHT sore
prr------------------------------�a','' ILT) e
Fi n name )
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ 200.000
and in support of this claim represents as follows :
I. KFien did the damage or �n3ury occur? ZGive exact date ani �iourj
About* 10 a.m. , June 12, 1957
i�ie=e did tFie damage or In3ury occur? ZZncIude city and county ,
On or in vicinity of Waterfront Road, County of Contra Costa, California
-T- ---- .----�- -----�------T--------------T--- - - T -
3. How did -::ie damage or in3ury occur? (Give MI details, use extra
sheets it required)
Claimant was subjected to excessive, unreasonable and unwarranted use of force. and
violence by members of various law enforcement agencies, including the Contra Costa
Sheriff's Department.
4. Khat part�cslar act or omission �n t:�e part o� county or district
office=s , servants or employees caused t-he injury or damage?
Violation of claimant's civil rights, negligence, assault & battery, false imprisonment,
conversion, intentional infliction of emotional distress, negligent infliction of
emotional distress.
(over)
5, What &m--the names r county or;,. district officr -t, servants or,
employees causing th,,: damage or injury?
Unknown at this time.
�:- wFiat anmage or �n3urles do you clam resuIte�7 ZGIve �uII-axtent; ,
of inj ries or damages claimed. Attach two estimates for auto
damage
Enotional and physical injuries to an extent to be determined, and property loss .to
an extent to be determined.
7. How was the amount claimed above computed? (Include the est1mate3
amount of any prospective injury or damage. )
Not yet determined.
--------------------------------------------------- -----------------
�. Names and addresses of witnesses, doctors and hosp�tnls.
Unknown at this time.
�. -Eli t the expenditures you made on account of this accident or �n2ury:
DATE ITEM AMOUNT
Not yet determined.
�:*f��t�,r�►��f����rtt:«f�*�*��*�t*rr*��**�:���***trr:**�����tre�*:erre*�rf�t*:*:*
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 A r�� /1� Z ti
C n s ignat r�eU ..
MARGARET- J. P�IOSSP�IAP�d 318-17th Ave.A
1607 A Gant St. Address
Berkeley, California 9.4703 Seattle, Washington 98122
Telephone No. (415) 548-1031 Telephone No. (206) 329-1804
�*:t*ttf•�f�:��**��t**fa*t�ar�rr*t:*t**t�tf*�:*��:t***�::��*��rt�ttt:tttt:***
NOTICE
Secti, n 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. "
1,12-
CLAIM
/2CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Bc=-d of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 13 , 1987
ana 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 Gover(�J!ment Cod{r1,
Amount: $184, 469 . 25 Section 913 and 915.4. Please note all "Warnings".}
CLAIMANT: DRAPER B. GREGORY, ET AL SSP a 1937
c/o Draper B. Gregory
ATTORNEY: Attorney at Law `'`�`� ` ' C,
111 Deerwood Place #370 Date received
ADDRESS: San Ramon, CA 94533 BY DELIVERY TO CLERK ON September 14, 1987 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. 1
LBATCHELOR,September 24, 1987 ��IClerk
:
DATED: pity
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: �.k %' /� BY: Ai y > Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
4>< This Claim is rejected in full .
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
0( 4 414 �
Dated: OCT 13 PHIL BATCHELOR, Clerk, By L Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United. States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: 0�1 1 1987
BY: PHIL BATCHELOR by (^V11,0eputy
Clerk
CC: County Counsel County Administrator
:\
DRAPER B. GREGORY
ATTORNEY AT LAW
1 1 1 DEERWOOD PLACE. SUITE 370
SAN RAMON. CALIFORNIA 94583
TELEPHONE (415) 820-7323
Clerk of the Beard of Supervisors Clerk of the City of Danville
Contra Costa County 510 LaGonda Way
651 Pine Danville,California 94526
Martinez , California
Re : Claim for Property Damage and Bodily Injury
Government Code Section 900 et seq.
1. NAME OF CLAIMANTS
Draper B. Gregory; Carol J. Gregory; Scott D. Gregory
(a minor) ; Brett D. Gregory (a minor)
2 . RESIDENCE ADDRESS
308 South Eagle Nest Lane, Danville, California 94526
3 . MAILING ADDRESS FOR ALL NOTICES rr rr
Draper B. Gregory, Attorney a.t Law RECEIVED
111 Deerwood Place, Suite 370 ED
San Ramon, California 94583 1. 3! 'a- nI
4 . BUSINESS TELEPHONE NUMBER S E r ly 187
PHIL BATCHELOR
(415 ) 820-7323 a rCLERK BOARD OF l CONTRA 004AICO.
/.�e :c
5 . EXACT DATE OF INJURY, DAMAGE, OR LOSS
June 7 , 1987 TIME : 3 :40 A.M.
6 . EXACT LOCATION OF INJURY, DAMAGE, OR LOSS
4053 Eagle Nest Lane, Danville, California 94526
7 . DESCRIPTION OF INJURIES, DAMAGES, AND LOSSES
Real property damage to residence at subject address ,
together with destruction of motor vehicles and extensive
personal property including, but not limited to, clothing,
furniture and personal belongings . Personal injuries
consist of smoke inhalation and emotional distress .
Clerk of the Board of Supervisors, Contra Costa County
Clerk of the City of Danville
September 14 , 1987
Page 2
8 . DESCRIPTION OF ACCIDENT
A fire occurred at the subject address during the early
morning hours of June 7, 1987 . Investigation reveals
that the fire was caused by unruly misconduct on the
part of a party of juveniles . The Sheriff ' s Department
and the Police Department of Danville had responded
earlier to complaints regarding a large and extensive
unsupervised party attended by said juveniles; however,
the party was not thereafter supervised nor disbanded .
9 . NAME OF COUNTY AND/OR CITY EMPLOYEES CAUSING THE INJURY,
DAMAGE, AND LOSS
Unknown at present .
10 . WITNESSES
The above adult claimants and neighbors along Eagle Nest Lane.
11. AMOUNT OF CLAIM
Estimated $500 ,000 for real property damage. Estimated
$300 ,000 for personal property damage . Estimated $100 ,000
for alternate living expenses which are continuing.
Medical expenses for Draper B. Gregory in the sum of
$469 . 25 • Personal injuries for Draper B. Gregory in the
sum of $300,000 . Personal injuries for Carol J. Gregory
in the sum of $300 ,000 . Personal injuries for Scott D.
Gregory in the sum of $150,000 . Personal injuries for
Brett D. Gregory in the sum of $150 ,000 .
September 14 , 1987
laimant ' s si r C)Athorized repr ntative :
Drape B. Gregoy a r B. Gregory
Attorney at Law
/ZCLA112-
CLAIM
IM
E.�ARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or.District governed by) BOARD ACTION
he Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 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
Aro ur,: Unspecified Section 913 and 915.4. Please note all 'Qftffi"
CL AIMAN HERBERT REEVES jL_P it-) u 1(9 9 7
c/o Larry N. Kloehamer, Esq.
ATTORNEY: Drevlow, 1.1urray & Payne
4000 Civic Center Drive Date received
ADDRESS: San Rafael , CA 94903 BY DELIVERY TO CLERK ON September 14, 1937
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.
September 24, 1987 ��IL BATCHELOR, Clerk
tem
DATED. P eputy
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
XThis 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:
i
Dated: �p�,L,Q �, BY: Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present Ayes : 2 , 3 , 4 , 5
Abstain: 1
>:J This Claim is rejected in full . Absent: None
No: None
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
0
Dated: OCT 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: 0 T P7 BY: PHIL BATCHELOR b q., LkOPA"jDeputy Clerk
CC: County Counsel County Administrator
FRECE.IVED
2CLAIM FOR DAMAGES 1987
A-- �TAT
g�/M
3 ( iTO: COUNTY OFCONTRA COSTA
4
NAME OF CLAIMANT: HERBERT REEVES
5
HOME ADDRESS OF CLAIMANT: 5195 Alhambra Valley Road
6 Martinez, California 94553
7
ADDRESS TO WHICH ALL NOTICES
8
OR COMMUNICATIONS TO BE SENT
9
REGARDING THIS CLAIM: LARRY N. KLOENHAMER, ESQ.
10 DREVLOW, MURRAY & PAYNE
4000 Civic Center Drive
11 Suite .209
San Rafael, CA 94903
12 HOW DID DAMAGE OR INJURY OCCUR? GIVE PARTICULARS: Attached
13 hereto and incorporated by reference herein as claimant ' s Exhibit
14 "A" is a copy of the California Highway Patrol report dated June
15 16, 1986, wherein the investigating officer determined that the
16 primary cause of the collision was MEISER' s violation of Vehicle
17 Code 21801(A) , and an associated factor of vision obscurement due
18 to bushes partially blocking the view looking east from the stop
19 sign on Alhambra Valley.
20
21 WHEN DID DAMAGE OR INJURY OCCUR? GIVE FULL PARTICULARS, DATE,
22 TIME OF DAY: Attached hereto and incorporated by reference
23 herein claimant ' s Exhibit "A" the California Highway Patrol
24 report dated June 16, 1986, indicating the time at 8: 50 a.m. in
25 the morning.
26
27 WHERE DID PARTICULAR DAMAGE OR INJURY OCCUR? DESCRIBE FULLY,
28
1
WHERE APPROPRIATE, GIVE STREET NAMES AND ADDRESSES AND
2
MEASUREMENTS FROM LANDMARKS: Attached hereto and incorporated by
3
reference herein in claimant ' s Exhibit "A" is a copy of the
4
California Highway Patrol report dated June 16, 1986, giving all
5
such particulars.
6
7
WHAT AMOUNT DO YOU CLAIM ON ACCOUNT OF EACH ITEM OR INJURY OR
8
DAMAGE AS OF DATE OF PRESENTATION OF THIS CLAIM, GIVING BASIS OF
9
COMPUTATION: Claimant, HERBERT REEVES, was served by mail with
10 notice and acknowledgement of receipt thereof on the cross-
11 complaint of cross-complainant LAURA LEE MEISER, who has been
12 named as a defendant in the complaint by plaintiffs JONES and
13 TATUM. Claimant HERBERT REEVES hereby claims indemnity and
14 contribution from the COUNTY OF CONTRA COSTA based upon the
15 enclosed cross-complaint incorporated by reference herein and
16 referred to as claimant ' s Exhibit "B" .
17 Claimant HERBERT REEVES was served by notice of
18 acknowledgement and receipt on July 8, 1987 .
19 DATED: September 11, 1987
20 DREVLOW, MURRAY & PAYNE
21 �-
By . - �� .)
22 tARAY N KLO N ER
on behalf of Claimant
23 HERBERT REEVES
24
25
26
27
28
1
LARRY N. KLOENHAMER, ESQ.
2 DREVLOW, MURRAY & PAYNE
Marin Executive Center
3 4000 Civic Center Drive
Suite 209
4 San Rafael, California 94903
Telephone: (415) 492-4752
5
Attorneys for Cross-Complainant
6 HERBERT REEVES
7
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF CONTRA COSTA
11
12 MICHAEL JONES and WILLIAM TATUM, ) CASE NO: 299481
Plaintiffs, ) CROSS-COMPLAINT FOR
13 ) INDEMNITY/CONTRIBUTION
VS.
)
14 )
LAURA LEE MEISER, Contra Costa )
15 County, Herbert Reeves and Does 1 )
16
to 50 inclusive, )
)
Defendants . )
17 )
18 )
HERBERT REEVES, )
19 )
Cross-Complainant, )
20 )
VS. )
21 )
LAURA LEE MEISER, MICHAEL JONES, )
22 WILLIAM TATUM, CONTRA COSTA )
COUNTY, and ROES 1 through 50, )
23 inclusive, )
24 Cross-Defendants. )
25 )
26 )
27 Cross-complainant alleges :
28
_1_
1
1. Cross-complainant is not aware of the true names or
2
capacities of cross-defendants, ROES 1 through 50, inclusive, and
3
will seek leave to amend this cross-complaint to include their
4
true names and capacities when ascertained. Each fictitiously
5
designated cross-defendant is liable to cross-complainant, as
6
herein alleged.
7
2. Cross-complainant alleges that at all times herein
8
mentioned, cross-defendants, LAURA LEE MEISER, MICHAEL JONES,
9
WILLIAM TATUM and cross-defendants ROES 1 through 50, were and
10 now are residents of the County of CONTRA COSTA, State of
11 California, .
12 3 . Cross-defendant CONTRA COSTA COUNTY is a county
13 existing under the laws of the State of California.
14 4. That on April 10, 1987, plaintiffs, MICHAEL JONES
15 and WILLIAM TATUM, filed a complaint against cross-complainant
16 and others alleging they are liable to plaintiffs for personal
17 injuries and damages. Said complaint is incorporated as though
18 fully set forth. Cross-complainant has denied all the material
19 allegations of cross-complainant LAURA LEE MEISER contained in
20 the cross-complaint of cross-complainant LAURA LEE MEISER.
21 5 . Cross-complainant is informed and believes, and on
22 that ground alleges that if cross-complainant, HERBERT REEVES, is
23 held liable to plaintiffs it would be wholly or partially due to
24 the breach of duty owed by cross-defendants to plaintiffs, and
25 cross-complainant is therefore entitled to total or partial
26 indemnity from cross-defendants.
27
28 e
-2-
1
6. That as a proximate result of the complaint of
2
plaintiffs, cross-complainant has and will incur attorney' s fees,
3
court costs and expenses for which cross-complainant is entitled
4
to be indemnified by cross-defendants.
5
WHEREFORE, cross-complainant prays judgment for :
6
1. Total indemnity against cross-defendants, and each
7
of them, in the event any amounts are recoverable from cross-
8
complainant;
9 2 . Implied partial indemnity and contribution against
10 cross-defendants, and each of them, on the basis of apportionment
11 of the respective degree of liability,' toward the satisfaction of
12 any award or judgment obtained by the plaintiffs against this
13 cross-complainant;
14 3. Costs of suit incurred herein;
15 4 . All reasonable attorney' s fees, and expenses of
16 investigation; and
17 5. For such other and further relief as the court may
18 deem just and equitable.
19 DATED: September 10, 1987
20 DREVLOW, MURRAY & PAYNE
21 1 '
22 By: /i <
L N. LOENHAMER
23
24
25
26
27
28
-3-
1
PROOF OF SERVICE BY MAIL -- 1013A, 2015. 5 C.C.P.
2
3
I am employed in the City of San Rafael; I am over the age
4
of eighteen years and not a party to the within action; my
5 business address is 4000 Civic Center Drive, Suite 209, San
6 Rafael, California 94903 .
7 On the date given below, I served a copy of the attached
8 CROSS-COMPLAINT FOR INDEMNITY/CONTRIBUTION by placing a copy in a
9 sealed envelope with postage thereon fully prepaid, in the United
10 States. post office mail box at San Rafael, California addressed
11 as follows:
12 Ronald M. Schwartz , Esq.
140 Mayhew Way, Suite 100B
13 Pleasant Hill, CA 94523
14 I declare under penalty of perjury that the foregoing is
15 true and correct.
16
17 DATED: September -�&-, 1987
San Rafael, California
18 / S
19 Deborah Leonard
20
21
22
23
24
25
26
27
28
-4-
544*4 O• CAVI ew MIA I �.• - 961 v L: 111 �.
TRAFFIC COLLISION REPORT
/A6f I O/
'Sia CIAL CONDITIONS IM O.INI V.■Di N R CITT IIIOICIAL 0141.ICT ..V-ow.
/[LOwT
No. -1►Lno w � . cOuwTT• w■-e.nwc oIf T.1cT .[.+ (O �
COLLI{IOr OCCURRED ON «- _ r0. 0- T., lfwk (ales, iftcIc NurRl- io -ICER I.D.
Z �C C_�E �., V�;1�- 1 �J � ►� �c I�G 'Glc :C;� 1 r_,� I�� � Y.�
OrIL41.09T IMI DRYATIew Iwlu-T,- TON AM- t .-11to.!. I RaL.TE1�D/pL1I _
G /41tT O• PILE IO9T Tf1 NO Tf■ ` NO
J X• AT 1.TawsE elle. a,ITr ►.OTOOwA/.{
- OR: ILaT/.1141{ 01
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PARTY «Art (I I.aT. -co,ff.LAsTI rOrN[.'f RAM[ M. SAME •f 0.1.90
iC LSE �1Ei5EL Y
Dw1vt1 sr-c41T AOD-ass1 .0.9 •.0.9 OR'N90 f ADO-L{6 !X� {AME AS 0.1.60
I CAG'C Qe' �� G'
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1 YO. OAT R, TOAv[L
S1c+- Va/•... T-151 r�Alr El/l/YeO[LIS))ICo10-19) L1eG9.1L{E 70.`01(.{(66J1 1 1 /{TA12191 i c.► us[ ;VE.ICL9 D.M►c■-,ATI wT/LOCATION
CLINT 1 r� C I\ C• ! `1 f 1,' � 1 V LJ f��V `/ I CLw j
1.J J 1. wC IV[.ICL[TT•C -� MINOR YODEI AT[ MAJOR 41,.1 TOTILI
OT.E. . .
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PARTY ...It 1-sT.r1OO69,L.sT) �`' [R's NArt l SA-E AS O-
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0L7 I,I:` Il r(.� i �LJL '�V < LP 'J . .JI' `i[ a DILL v'IJM1
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I T-IAM, A 7
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i N U /1R o.-Ic■. oR1R o
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Va.. / ' ; - I r0. OAT 1 rRAvtL / r
t 'Lr," nr��'� ,3 ( �� / >til I f�_= it li
' ■ICT- 'J[.. Twlfl'M.N[It11l/rpDa L-l1s l•/cl of AD/�..161 Llec.f at`wo.(�)ll a(/T�.Arl lfl i c.• use �E.1e1[ a.rAca-EftT[.T/1Lw�D�'CATION
CLONLY
19T J `1 I V[.C6C TT-I MIND. r- r0oc..T9 ." ' ..lo■ rerA1 ,
iPARTY «AMtI/:-{T,YIDOLE,L.sT) O..C. s f..1 -j a..a A6 a...a.
3 i
i
.I
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ST1991
A11
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1
It D[S• CIT.-/1T ATE/EI/ ■VSIN9t{ •NON[ i01a/Of,TION OR VE., 101
00
09.1 O/
TRIAw ^I 1r �+. j
1 117 O--IcaR `, ewlr■. r 0-Ir.
-4 R.tD .-C.'s LICE.■a ...... STATE •1-T.DAT9
Va.. YO. pAT TA, ata RACE D1•TwA V[L e,i Ow/.CROS• Is+.E[+ ON wIDN.AT) ••[[D LIMIT
a1CT. Vaw. Tw I6;'rA a9(a 11.009 L 18)/COLOR 161 LIC[.sa NO.Ia) STATE(SI i CMI :/sL ;vl.IC1[ DAMAGE-9ltTE MTILOCATIO.
C L1{T
oNLr I(I
IV9w1CL[ TT-G rI.OR C
L- OOCRATL MAJOR TOTAL
; OT.aw . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . i
1
PARTY NAM[ I/INST,MIDOLS.LAST) I01w91 {NAa 6AMa AS DRIVER
'•DwIVc. 91-99T A0004611 .OMC -.0.9
I O.N[-'t ADD-CSS f.Ml AS DRIVER
• I
I
/tons' CITTISTAT[/111- 1v{1N[t{ -NO.[ OI{/DfITIO. OR VaN, IDN ORDERS O/
- Tw... • _
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.Or IAC00ff 1ST-[ T OR wlCrr AT) 111►[CO 11MIT
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a1CT• VCr. T-(f1 .A.9(SI/.00f LIST/COLOR(SI Luca.sc N0.1s) STATc(f) c.- VSL ,VC.IC6[ D•rAO[--CaTI NT;LOCATIO■
CLI{T I 0.LT
' T ^�
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . YODIRATL MAJOR TOTAL ,
eTw LR I • .
f
1
CHP 555—Page 1 Ine:B-34. pPi 0<1 ec Ilia°'
Exhibit A
wyraa•
.AA7 01COLLISIONIT r �y
PROPERTY DAMAGE
DaSC.Irrao. OF DAINAS[
OWNS..■ .^Ma/.DO.aff MOTI/ISD
VIOLATtON(S) IRAN" ,
•ARTY ! i►ARTY ) PARTY
•CHARGED '
•►RIMARY COLLISION FACTOR TRAFFIC CONTROL DEVICES 1 2 1 ) s 1 'Y1E or Ya'MICLE 1 2 17• A ( AfOv EAIENT rRECEDISIb
ILISTrVMaf- IN lop •ARTY ATFAULTI IA CONTROLS Fyr CT1ONING i j IA •.ssa.aw. CAR/STA. WASOw COLLISION
'• I•A sa CTIO. VIDLAT9O: !B CONTROLS MOT FUNCTIONING- , I IB •Afsw NGfw CAR W/TRAIL[■ I A sro--[D
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,E •ICN.1/•AN[L IN.•f rT■LR I I D MAKING .1G.1 TWO.
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PHYSICAL-DESCRIPTION
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1 rVratw HAIR - tTas 1""N'"T
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+'C•1�i Wttji�ICrPM.OR JUSTICE COUr 71STHIG OF BRANCH COURT, IF ANY FOR COURT USE ONLY
c (1.= t;• (AasnEvrAT ED)
MICHAEL JONES, et al. v. LAURA LEE MEISER, et al.
AODI'-'SS.AND TELEPHONE NUMBER OF SENDER
Thomas E. Pfalzer, Esq.
McNAMARA, HOUSTON, DODGE,
McCLURE & NEY
1211 Newell Avenue, Suite 202 CASE NUMBER
.i Walnut Creek, CA 94596
Tel: ( 415) 939-5330
299481
NOTICE
TO: ............HERBERT -REEVES... .. .._ -•---. ... ..... ...... ... .................
(Insert name of individual being served)
This summons and other document(s) indicated below are being served pursuant to Section 415.30 of the California
:r)de of Civil Procedure. Your failure to complete this form and return it to me within 20 days may subject you (or the
.arty on whose behalf you are being served) to liability for the payment of any expenses incurred in serving a summons
•%Tl yo,, in any other r-ianner permitted by law.
If you are being served on behalf of a corporation, unincorporated association (including a partnership), or other
.:':ty, this form must be signed by you in the name of such entity or by a person authorized to receive service of
. , •ass- onoehalf of such entity:In all other cases,this form must be signed by you personally or by a person authorized
you to acknowledge receipt of summons. Section 415.30 provides that this summons and other document(s) are
em
.' eed served on the date you sign the Acknowledgment of Receipt below, if you return this form to me.
��terf. ...J1tlY.7:..1887....... ........... c—
(Sigrlature of sender))
THOMAS E. -PFALZER
ACKNOWLEDGMENT OF RECEIPT
This acknowledges receipt of: (To be completed by sender before mailing) -
1. A copy of the summons and of the XgflZ7J§qRtX Cross-complaint.
2. ❑ A copy of the summons and of the Petition (Marriage) and:
❑ Blank Confidential Questionnaire (Marriage)
❑ Order to Show Cause{Marriage)
❑ Blank Responsive Declaration
❑ Blank Financial Declaration
® Other: (Specilly) Stamped, self-addressed envelope
(Tobe completed by recipient)
v Dale of receipt: . . .. -
(Signature of person acknowledging receipt. with lisle if
acknowledgment is made on behalf of another person)
y Dafe this form is signed: . .u •. �!.� ./ ✓ ��f`' R E 2 T �1EI! S
(Type or Drinl your name and name of entity. If any.
IIIJJJ on whose behalf lhis form is signed)
For- Aptro.ed by the • GCp 415.30.417.10:
C"". ." NOTICE AND ACKNOWLEDGMENT OF RECEIPT Col. au,er as court.
e.. �. .�.. .^ Rina 1216
Exhibit B
' � �• - rr++crn•�� use o"n.
rerun AA04 uu0 nr 14 to•iri
NOT10E•.'J"O Y� 'arc Ite(� : C1tSatlu)
HERBERT REEVES, COUNTY OF CONTRA COSTA, ;
and ROES .1 - 20, Inclusive. ;
)10U ARE EEii'VG SUED BY R=Wtff% CROSS-COMPLAINANT:
(A. Ud. !c c:5l.i drinandando)
LAURA LEE DI-EISER
You have 30 CALENDAR DAYS after this sum- DcsPlrts do que le cnlreCrrcn csm c;l.rri,;n judic;-il usted
mons is served on you to fi!•: a typewritten re- 'fiche un pl.izo de 30 DI=.S CALENDAR;DS part prem.'ar
sponse at this court. una respuesfa cscrita Z miquina cn cst-I code.
A Ieiter or phone earl will no; protect you: your Una carry o una llrmado fe1ef6n;ca no Ic ofreceni
typewrizuen response must be in proper legal prolecc;fin; Su respuesla cscr;m a mirpi;na ficne: que
form if you want the court to hear your case. cumplir can las fornmWadcs Icr,.ilcs apropiadas sr usled
If you do not file your respons9 ore time, you may guises que !.t toric escuche su rasa
lose the case. and your -,vagus, money and pro- Si usic•d no presunra su respuesta a f;empo, puede perder
perty mt,y be taken -,without furrier warning from el naso, ylc)rttcden quitarsu s il,tr;o,su a incro yolms costs
the court. do su propiedad sin iv;so adic;unal pur parse de la core.
There*are other Iegal requirements. You may £x;stcn olrns rcr)rtishos hples. Prredc que usted qu;cro
-,want to c:,11 an anorney rirht wwwzy. If you do not 1lalnar a un abu.orlo ;nmcdialamcntc. 5; no'carroce a un
know an anorney.you may ea:l an attorney refer- aho;;ado, puede 11tmar a un- serf c;o do rvfcrrnciz de
ral service or a legal aid office:Tlisted in the phone zbrn tidos o o una af;c;r.,t do ayuds Icyal(yea cl dirrclor;u
book). 1c1efr;n;co).
CAL!numn!r1 rh.;�as t...r
The rwme and address of the court is ff/Hombre 1•direcc;un de la torte es)
.SUPERIOR COURT OF CONTRA COSTA COUNTY 299481
729 Court Street
Martinez, CA, 9493
Cross.-commlainan;;s
The name_ zddress; and telephone nwnber of :e04b-, r�attorney, o. plamti„ without an attorney, i.
(El nornbre, !a c;rection y el nurnero do ielefono del aboZado del demandants, o del dertand'ame que no t;ene aboZzab est
Thomas E. Pialzer, Esq.
MCNAMARA, HOUSTON, DODGE'. .
McCLUR.E & N?Y
1211 Newell Avenue, Suite .202
walnut Creek, CA 94996.
DATE.• APR 1 7 19ST 1.�- �� KAREN GRAY Deputy
ffcrlut (uruario) MclrP o)
ts�u NDTJCE TO THE PERSO#V S:RV6D: You are served
-' 1. as'an incfividuai defendant.
z Q as the person surd under the fictitious name of (specify):. .
3. on behalf of !specify]:
undue: n CCP 41$.10 (corpo:Boons liJ CCP 410.60 (rninor)
CCP 416.20 fdcfun=t corporation! CCP 41G.70 (cunserv:nce)
CCP 1z.,so:intinn or panne:ship) CCP {16.00 findividual)
other.
�,• int ;,=•cp,^,1! r.crvery orf
a.� sffmmons Contp.J,..,: L .1mendcd summons 8rfetnC' CUfTp.Jint
�J completed enr:•bler.k Cas: Out- ann;,ires Othcl ,.,.cCi/yl: Cross-complaint
,b, on dcfcodani' (namr,: HERBERT REEVES
t_ 6y scrv:r.g ® dc!endsnt other fnamc and title or fek tiunship to persor► serve(l):
d. Q by delivery at horn: at business
(1) date:
(2) 6mc:
f3} addics:.
c. by mailing .
t,) dzte: July 7 , 1987
(21 p'ace: Walnut Creek, California
2. Manner of service (check proper buxl:
•a. Personal serZke. Sy persuna!ly delivering copies. (CCP 415.10)
h Q S::Ss:i:Lled service on cc:p-cation, unincorporated associntion (including par:nersh1p), or public entity. By leaving,
du:'r.:g t::v±l office lee:::5, rc,-)ics in the office of the pers:n served wish tlic person who apparently was in eh::pe
an:�'1::rea!ter malting It f :•r:t-class mail, postage prepaid)copies to the person served at the place where the copies
' A-cre left. MCP 415.2C.zI)
e Q Subs hulee scrv:_•: on na-ural person, minor; conservatee, or eandida;e. By leaving copies at the dwelling house,
usua: ;I:::e :)I a5oc1=. er s:-.usl plz=e of business of the person served in the presence of a comfrcieni member of
the houscho)d cr a p=::an=pparently in charge of tlt: office or p:::ce of business, at least 18 years c! app, who %vas
inform:d of :he genet;:} r.a:ure of lh: papers, arca thereafter rn.iMno (by first-class mal, postage pr•apzid) copies to
t}i_;,c:::n sc:.cd at tl:e piece vrherr.the copies:•rete Ief;. tCCf'415.20tb)) (Attach separate declaration orafrdavit'
arts re ad e:+ to e—mi !ish reosonable cv:!i_:•lnce in first attempting personal service.!
e- M i hail and a:knowltdgrntn' service. By mailing (Ly firs;- mail or airmail, pozage prepaid)'eopies to the person
sci.cd,i:•geiher wivh tv:: topic: of the form of nut;zc ifnd acknowledgment and a return envelope,postage prepaid,
a•+dressCd to :h: send::. ;CCP 415.30) !Attach coact!_ted nchnowledgrnent of receipt.)
C. Q Cerifi:d or rtgistered r::bi' service. By malt ing io an oddress outside CaMornia (by first-class mail, pestagc prepaid,
• re;,;: afatu:n:•.t:t::o;i c:, estotltepersonservcd. ICCP415.40) fAfTechs;nnorlret+,rnreccipfor oliter evidence
• of eCtuel derivery to r••icon x:!rv&cQ '
t. � G:` -.••:• en-rr section;• - .: .. . .
addi:ional pa:n i• :::tached.
•3. The '•No;i:: to the 'r=:son Se.Y ' (on the summons) was completed as follows (CCP 41230, 415.10, and 474}:
Z. XX as an individual ft',endsrrt,
)e. Q es ;h rc:;,r+ sued and=r the fictitious name of fspeclfy):
c Q on behalf of (s^reify!:- '
unser. 'CLP 416.10 (corporation) CCP 416.60 (minor) D other.
CCP =15.20 !defunct corporation) n CCP 416.70 (conservatee)
CCP 416.40 (association or partnership) CCP 410.90 (individual)
d. by personal debvc y on tchytal:
4. At the iim: of service 1 was at least 18 years of age and not a party to this action.
5. Fee for service: S
G. Parson servinc.
z Q C.liforniz sheriff, marshal, or constable- f. Name, z.•'.•_'ress and telephone numb=rand,if rpp!icable,
b. Registered California process serve.,. county of registration and number
C_ Q E.-nployee or independmn* contractor of. a re;istered
• CaMornia process server.
• d. AIo: a registered CaUforhia process server.
e. EA-ri;i from registration under &us. cin Prof. Code .
2_3501b).
ler-}arc under of pt:jetty under the lavas of 1,11C State (tor Cn fornix sheriff, nihrshal, or cons:able use only)
.a!Ho:nip ihat ih: forenoing is true ane correct. i eer:7fy tha; the forcgoiny is true and correct.
July 7, 1987 Date:
McNAMARA, HOUSTON, DODGE, McCLURE & NEY
1211 Newell Avenue, Suite 202
2 Post Office Box 5288
Walnut Creek, CA 94596-1288 II �^!
3 Tel: ( 415 ) 939-5330
4 Attorneys for Defendant
and Cross-complainant SPP 17 1gR7
5 LAURA LEE MEISER
6 ;:RAY..Cxp.:Iy
7
8 SUPERIOR COURT OF CT••,L•IrORNIA, COUNTY Or CONTRA COSTA
9
10 MICHAEL JONES and WILLIAM TATUM, NO. 299481
11 Plaintiffs , CROSS-COMPLAINT
12 Vs .
13 LAURA LEE MEISER, et al. ,
14 Defendants . .
15
LAURA LEE MEISER,
16
Cross-complainant,
17
Vs.
18
1n'EP.3 ERT REEVES, COUNTY O: CONTRA
19 COSTA, and ROES 1 - 20,
inclusive ,
20
Cross-defendants.
21
22 Cross-complainant LAURA LEE MEISER files her Cross-complaint
23 against cross-defendants, and each of them, -and alleges as
24 follows:
•25 ,
I .
26 The true names of the cross-defendants sued herein as ' ROES 1
• 27 through 20 , inclusive, are unknown to cross-complainant; said
28 names are fictitious and cross-complainant asks that when the true-'
r_%.c% kP_c BOL'smv.
DGE.MCCLURE It NET
.A-,0gNCTSAT UW
94CWCLL AVC.SUIT[ 202
•0Sox 2285
r,
t names and capacities of said cross-defendants are ascertained that
2 they may be inserted herein, together with the allegations .
3 necessary to properly charge them. Cross-complainant is informed
4 and believes and thereon alleges that each fictitiously named
5 cross-defendant is negligently responsible in some manner for the
6 acts complained of herein.
7 II
8 At all times herein mentioned, each of the cross-defendants
9 named herein was the agent, servant and employee of each of the I
I
10 remaining cross-defendants, and at all times herein was acting
11 within the 'course and scope of such agency, service and
12 employment.
13 III
14 On or about April 10, 1987, plaintiffs , MICHAEL JONES and ,
15 WILLIAM TATL7M, filed an action in Superior Court of the County of
16 Contra Costa, Action No. 299481, and cross-complainant refers to
17 said Complaint and incorporates the same herein by reference. A
16 copy of said Complaint is attached hereto as Exhibit A. Cross-
19 complainant has filed an answer to the Complaint denying the
20 material allegations contained therein and additionally raising
21 certain affirmative defenses.
22 IV
23 Cross-complainant has denied, and continues to deny, any
24 liability to the plaintiffs herein in connection with the matters'
25 alleged in the Complaint. In truth and in fact, the damages
26 sustained by plaintiffs, if any, were the result of negligence of
27 plaintiffs, or the result of the complying negligence of
28 plaintiffs and cross-defendants herein. However, if it is
GL,1CCL1jW&XEP
.rORNETS AT LA
[wE'L"f.SUITE 202 —L.0 Box sox 3258
:uT CREEK CA 94506
1 determined that cross-complainant is held liable to said
2 plaintiffs , or to any party in this action, said liability. will be
I
• 3 the direct and proximate result and caused by the negligence, i
4 carelessness , intentional acts and/or omissions of said cross-
5 _
defendants , and each of them, for any and all sums which cross
i
6 complainant is obliged to pay by way of judgment, settlement, `
7 legal fees , costs of suitor related expenses incurred as a result,
8 of this action.
9 V
10 In the event full indemnity is not available to cross-
11 complainant against cross-defendants, cross-complainant alleges
12 that the damages , if any, suffered by plaintiffs were the direct
13 and proximate cause of the carelessness and negligence of cross-
' 14 defendants; -that if cross-complainant is found liable to
15 plaintiffs in the action in chief , cross-complainant -is entitled
16 to the right of partial indemnification from the cross-defendants
17 apportioned on comparative negligence basis in accordance with
18 the rule of American Motorcvcle v. Superior Court , et al. ( 1978 )
19 20 Cal. 3d 578 .
.:i -
20
VI
21 Cross-complainant alleges that an actual controversy exists I
22 between cross-complainant and cross-defendants, and each of them,
• 23 under the circumstances above alleged and that cross-complainant .
. •24 contends* that the ultimate responsibility, and liability, if any,
25 rests with and should rest with, and is the full responsibility
26 and liability of cross-defendants, and each* of them, herein.
27 Cross-complainant denies that she has any responsibility or
i
28 liability by reason of the Complaint on file herein.
IGN.AL%LkRA HOUSTON.
IDGE.MCCLTW- & XEY
w7'700tNETS AT LAW
NEWELL AVE SUITE 202
•�
. VII
2 That by virtue of this Cross-complaint , cross-complainant
3 demands that the cross-defendants , HERBERT REEVES, COUNTY OF
4 CONTRA COSTA, and ROES 1 - 20 , INCLUSIVE, defend the Complaint
5 herein, and hold cross-complainant harmless of any and all :
6 judgments, expenses, settlements , costs of' suit, legal fees,
7 damages, or other claims or awards which may be claimed or :
8 obtained by plaintiffs . '
9 WHEREFORE, cross-complainant prays for judgment against
10
cross-defendants, and each of them, as follows:
11 1. Cross-defendants indemnify and hold harmless cross
12 complainant from any and all verdicts , judgments, settlements ,
13 costs incurred in connection with .the plaintiffs ' .Complaint;
14 2. And for costs of suit and for such other and further
15 relief as the court may deem proper.
16 DATE: April 15, 1987 McNAMARA, HOUSTON., DODGE,
' 17 McCLURE & NEY
18 -;-
19
BY.: THOMAS E. PFALZER
`,- 20 Attornevs for Defendant
:4: _
21 LAURALEE M
nd r �ISERinant
22
.23
24 I
25
26
27
' I
28 ;
'rNA..%LkX&HOUSiOX,
iDGE.A1CC7.L'RE&1l'ES •
•ATTORNEYS AT LAW .
NEWELL AVE.SUITE 201
►O !O[ 5209 - --
LNUT CREEK C♦ •.396
I PROOF OF SERVICE BY MAIL (1013a, 2015. 5 C.C.P. )
2 I am employed in the City of San Rafael; I am over the
3 age of -eighteen years and not a party to the within action; my
4 business address is 4000 Civic Center Drive, Suite 209, San
5 Rafael, CA 94903 .
6 On the date given below, I served a copy of the attached
7 CLAIM FOR DAMAGES by placing a copy in a sealed envelope, with
8 postage thereon fully prepaid, in the United States post office
9 mail box at San Rafael, California addressed as follows:
10 Ronald M. Schwartz, Esq.
140 Mayhew Way, Suite 100B
11 Pleasant Hill, CA 94523
12 Thomas E. Pealzer , Esq.
MCNAMARA, HOUSTON, DODGE,
13 MCCLURE & NEY
1211 Newell Avenue, Suite 202
14 Post Office Box 5288
Walnut Creek, CA 94596
15 I declare, under penalty of perjury, that the foregoing
16 is true and correct.
17 DATED: September 11, 1987
18 San Rafael, California
19 ✓
20 Deborah Leonard
21
22
23
24
25
26
27
28
J
CLAIMi 1Z
- BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Cl:im, Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 13 , 1987
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
Califs-nia Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount,: $345 . 00 Section 913 and 915.4. Please note all "Warnings"
'L1111: gip;�:.5:
CLAIMANT: LULA MILLER S'_
222 Leland RoaRoad `_P u 1987
ATTORNEY: Pittsburg, CA 94565 _
Date received .,
ADDRESS: BY DELIVERY TO CLERK ON September`"T 5', 1187
BY MAIL POSTMARKED: September 12 , 1987
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Se tember 24, 1987 pH IL BATCHELOR, Clerk
DATED: P BY: Deputy
L. Hall
11. FROM: County Counsel TO: Clerk of the Board of Supervisors
This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to. apply for leave to present a late claim (Section 911.3).
( ) Other:
e
Dated: �„ BY �� Deputy County Counsel
111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
(� 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. J
Dated: OCT 13 1987 PHIL BATCHELOR, Clerk, By I " Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
1 declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
C
Dated: OCT 16 1987 BY: PHIL BATCHELOR by eputy Clerk
CC: County Counsel County Administrator
CLAIM TO: BOARD OF SUPERVISORS OF, CONTRA COSTA COUNTY
Instructions to Claimant
A. .. Claims ..relating. to. causes :of...:act on for death or for injury to
person or to personal .property or-growing crops must be presented
not later than .the 100th day after the . accrual of the cause of
action. Claims relating to any other cause of action must be
presented not later than one year .after the accrual of the cause
of action. (Sec. 911. 2 , Govt. Code)
B. Claims must be filed with the Clerk of the Board of Supervisors
at its office in Room 106 , County Administration Building, 651 Pine
Street, Martinez, CA 94553 (or mail to P.O. Box 911, Martinez, ; CA) ,
C. If claim is against a district governed .by the Board of Supervisors,
rather than the Cpunty, , t,he name of ,the. pistrict 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: 'SlAim by )Reserved tamps
RECEIVED
f1 �/ -ill-' "s J• - *v/!�y
Against. :the COUNTY .- F::CONTRA "CO . '' .:
�r .t ►oll
STA).`
or DISTRICT) RA
Fill i t" name
s. The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ �, :�J
and in support of this claim represents as follows:
------------------------------------------------------------------------
1. When did the damage or injury occur? (Give exact date and hour)
V ----------------------------------------------- /A'J
2. �W re did the d mage or injury occur? (Include city and county)
------ - -----
----------------------------- -------- --------------- ----
--
3. How did the damage or injury occur? (Give full details, use extra
sheets if required) i,�` �
__ __ ___________________________________________
4.__Wh_at__particular____________act____or___o_mission on the part of county or district
officers , servants pr employees caused the injury or /damage? �
�-{��"� �+��j-r%�G � `� ��►-:� � GC�
(over)
(0d
i � J�
'yl�
STATE fANM STATE FARM MUTUAL STATE FARM GENERAL INSURANCE COMPANY---
LJ AUTOMOBILE INSURANCE COMPANY E] '
_.❑ STATE FARM FIRE ❑ STATE FARM COUNTY MUTUAL
INSULAANCF� AND CASUALTY COMPANY INSURANCE COMPANY OF TEXAS
DATE OUR INSURED ACCIDENT DATE OUR CLAIM NUMBER'
9 15 87 Daigle, Hubert A. g 3 87 05 0206 484
YOUR FILE NUMBER YOUR INSURED
Your Driver: Venegas, Dennis
YOUR INSURED'S ADDRESS
'PLEASE REFER TO THE CAPTIONED
CLAIM NUMBER WHEN REPLYING.
r , From:
Victor J. Westman C: Inty CGunseSTATE FARM INSURANCE CLAIM OFFICE
County Counsel STATE FARM INSURANCE COMPANY
P.O. Box 69 SEP 16 1987 333 Civic Drive; P!sasan±
Martinez, CA 94553-0116 Hill,CA
R U. Bax 4011
Martinez, CA , ,3 Crnc-ord.CA 94524
L J
By: Mike McNerthney
Fold- Claims Representative
We have been informed that you are the insurance carrier for the party designated as your insured in the caption of this
letter. Our investigation of this accident establishes that your insured was responsible for this cc
IQ Please accept this letter as notice of our subrogation rights under
�C�Iv
E] PersonalInjury Protection (PIP) Vehicle. Damage 4- 1719
; 7
F] MedicalPayments Coverage (MPC) ❑ Other: " 1 8�
SA
�A
❑ Should we be called upon to make payment under our policy, we will be looking to IT
We have made the following payments and request reimbursement as shown below:
Net Vehicle Damage Other
Name of our Payee PIP/MPC Payment (Less Salvage) Payment/Expense*
Springs & Bertino $ $ 1001.73 $
*
cc: 5170/88
Net Amount Paid 1001.73 Insured Vehicle 200.00 1201.73
By Company $ Deductible$ TOTAL
Attachments: Copies of draft, estimate, photos .
G4379.1 PRINTED IN U.S.A.
STATE FARM INSURANCE FILE COPY 11-4/1210
NORTHERN CALIFORNIA OFFICE NOT NEGOTIABLE 1 02 161 698
„• •• ROHNERT PARK, CALIFORNIA
05 0206 484 POI. 1413 714 OS CAR 8 26 87
CLAIM NUMBER NO. NO. DATE
PAY TO THE Springs b Bertina
ORDER OF 103 cartbaC2 Iva.
Walnut Creek, CA 94596
THE SUM OF
One Thousand and One and 73/100=--- DOLLARS 1001.73
COVERAGE IN PAYMENT OF LOSS WHICH OCCURRED ABOUT
(DATE OF ACCIDENT) 8 3 87
INSURED Daigle, Hubert
( DRAWN ON COMPANY MARKED M
STATE FARM MUTUAL AUTO INS.CO.
400-1 tilD STATE FARM FIRE AND CASUALTY CO. CLAIM REPRESENTATIVE +
1-1
13 STATE FARM GENERAL INS.CO. STATE ID CODE CL UNIT
OSTATE FARM COUNTY MUTUAL 05 94 1702955 165
INS.CO.OF TEXAS
IIB 0 2 1 8 1: 12 10000 L.4 j:9 28-9 14 4 9 71" APPROVED BY
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' AUTO DAMAGE CLAIM POLICY
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CLAIM PHOTO CLAIM
JSURED TRANSMITTAL NUMBER
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i
CLAIM T0: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
instructions to Claimant
A. Claims elating to causes of action for death or for injury to
person cr to personal property or growing crops must be presented
not late= than the 100th day after the accrual c- `he cause of
action . Claims relating to any other cause of a= 7 _2n must be
presen--m-4 not later than one year after the acct_ Df the cause
of ac=_ _=: . (Sec. 911. 2 , Govt. Code)
B. C1ai =t be file' with the Clerk of the Boar Supervisors
at ==ice in Rccm 106 , County Administratic- - .ilding, 651 Pine
Str= -_rtinez , CA 94553 (or mail to P.O. Box Martinez, CA)
C. If c- - - against a district governed by the of Supervisors ,
rat- - -.n the Cou-�ty, the name c= the District -- ��ild be filled in .
D. If t- = -im is aga=zst more than :ne public en- . separate claims
must --led again:` each public
E. Fraud. Sze penalty for fraudulent claims , Pena_ -.ode Sec. 72 at end
of the= 'orm.
r,rk,r,t,t* t#- '�� ttlr**** Irt,tF,tk,tArk*,tk***,t,ttkitt*# t*,t*#* tt--t,t# F*,t,tiF,t*,t**,t,t* tk
RE: Clair by ) Reserved for Clerk' s filing stamps
it"ij�2T � 17.4-r CELE a1�' �
49-'em I V-s 4"2,4 rU e_
Against the COUNTY OF CONTRA COSTA)
or DISTRICT)
(Fill in name) )
The undersigned claimant hereby makes z1aim against the County of Contra
Costa or the above-named District in the sum of $ Z�: l,, 23
and in s::=tort of this claim represents as follows :
------ ----------------------------------------------------
-------------
1. Wh-en ::id the damage or injury occur- (Give exact date and hour)
2_7 A141
2 Whey= ala the damage or injury cL . (Include �:cy and county)
r _
3. How i sd the damage or injury occ_ (Give full de-tails, use extra
she==-: if required)
(Io upTV U.Forl,,c _ A ie , 55-7 - 16Q
T(oniflf} cc a:£.�
---13_}16_.L,�-----------------------
---------------
4 . Wha= _articular act or omission the part of county or district
off.- .._rs , servants or employees :_.:sed the injury or damage?
4Z I-I- ICI IE �� F� 1Z_ �7 ,3,� 1/
L/��� �--lC .v o� -��z-r c+ � U�'N E G A S o�� �C E C-'•C.
(over)
5. T9har are `_.he names of county or district officers , servants or
emrlovees caus;.na the damace or injury?
6 . What damace or ir.j,uries do you claim resulted? ;Give full extent
of inj»ries or damages claimed. Attach two estimates for auto
damage)
E?-ZY I AA!_5z__-_--- --------------
-he Hcw was mount claimed above comcuted? (Inn =a the estimated
amount c_ prospective injury or damage. )
---------------------------------
3 names and ac.__-sses of witnesses , doctors and - -als .
-------------------------------------------------------------------------
9 . List t:Ze expenditures you made on account of th:� accident or injury:
DATE ITEM AMOUNT
******** *** ***********************************************************
Govt. Code Sec. 910.2 provides :
"The cla_-: signed by the claimant
SEND NOTICES TO: (Attornev) or by scre person on his behalf. "
Name and address of Attorney: -;,/�y� �
Claimant' s Signore
O n" "r X57
Address
Telephor:= .:c;. _ Telephcr No.
NOTICE
Section 72 of the Penal Code -7 ides :
"Every person who, wit: . .:e-.t to defraud, prey=nts for allowance or
for payment to any state boar:.: or officer , or to ary county, town, city
district, ward or village boa_'' or officer, authoi__=d to allow or pay
the same if genuine , any fals&_ or fraudulent clai�r. :i 11 , account , voucher,
or wri:.ing , is guilty of a `e_•-,ny. "
NOTICE OF INSUFFICIENCY
AND/OR
NON-ACCEPTANCE OF CLAIM
TO: State Farm Mutual Automobilke Ins . Co. _
c/o Mike McNerthney
333 Civic Drive
Pleasant Hill CA 94524
Re: Claim of HUBERT DAIGLE
Please Take Notice as follows :
The claim you presented against the County of Contra Costa or District
governed by the Board of Supervisors fails to comply substantially
with the requirements of California Government Code Section 910 and
910 . 2 , or is otherwise insufficent for the reasons checked below:
1 . The claim fails to state the name and post office address
of the claimaint.
2. The claim fails to state the post office address to which
the person presenting the claim desires notices to be sent .
X 3 . The claim fails to state the date, place or other circum-
stances of the occurrence or transaction which gave rise to
the claim asserted.
4 . The claim fails to state the name (s) of the public employee (s)
causing the injury, damage, or loss, if known.
x 5. The claim fails to state the amount claimed as of the date
of presentation, the es,;imated amount of any prospective
injury, damage, or loss so far as known, or the basis of
computation of the amount claimed.
6. The claim is not signed by the claimant or by some person
on his behalf.
7 . Other :
VICTOR J. TIFSTPAAN, County Counsel
B y: '111w.-el
DepuX County Counsel
CERTIFICATE OF SERVICE BY. MAIL
(C.C.P. 5§1012 , 1013a, 2015 . 5; Evid.C. §§641 , 664)
My business address is the County Counsel ' s Office of Contra Costa
County, Co.Admin. Bldg. , P.O. Box 69, Martinez , California 94553 , and
I am a citizen of the United States, over 18 years of age, employed
in Contra Costa County, and not a party to this action. I served a
true cony of this Notice of Insufficiency and/or Non-Acceptance of .
Claim by placing it in an envelope (s) addressed as shown above (which
is/are place (s) having delivery service by U.S.• Mai, l) , which envelope (s)
was then sealed and postage fully prepaid thereon, and thereafter was,
on this day depsited in the U. S. Mail at Martinez/Concord , Contra
Costa County, California.
I certify under penalty of perjury that the foregoing is true and
correct.
Dated: September 8 , 1987 at Martinez, California.
cc: Clerk of the Board of Supervisors (original)
Risk Management
(NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. C. §§`-)10 , 910 . 2 , 910 . 4 , 910 . 8)
` APPLICATION TO FILE LATE CLALM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Application to File Late Claim ) NOTICE M APPLICANT
October 13 , 1987
Against the County, Routing ) The copy of this document mailed to you is your
Endorsements, and Board Action.) notice of the action taken on your application by
(All Section References are to the Board of Supervisors (Paragraph III, below),
California Government Code.) given pursuant to Government Code Sections 911.8 and
915.4. Please note the "WARNING" below.
Claimant; BOBBY A. NEILL County Counsel
c/o Justin A. Roberts SEP 111987
Attorney: Law Offices of Justin A. Roberts
990 Moraga Road, #C Martinez, CA 91553
Address: Lafayette, CA 94549
Amount: $100, 000. 00 By delivery to Clerk on September 10 , 1987
Date Received: September 10, 1987 By mail, postmarked on September 9 , 1987
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above noted Application to File Late Claim.
DATED: Sept . 11 , 1987 PHIL BATCHELOR, Clerk, By ( . Deputy
L. haii
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).
DATID;�, /,S' / 'VICTOR WESTMAN, County Counsel, By ��� Deputy
III. BOARD ORDER By unanimous vote of Supervisors pfesent
(Check one only)
( ) This Application is granted (Section 911.6).
(_-4 This Application to File Late Claim is denied (Section 911.6).
I certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date.
DATE: OCT 13 1987 PHIL BATCHELOR, Clerk, By 011 Deputy
WARNING (Gov. Code 1911.8)
If you wish to file a court action on this matter, you must first petition the
appropriate court for an order relieving you from the provisions of Government Code
Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such
petition must be filed with the court within six (6) months from the date your application
for leave to present a late claim was denied.
You may seek the advise of any attorney of your choice in connection with this
matter. If you want to consult an attorney, u should do so Immediately.
V. 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: k)v;l 16 h�'�+� PHIL BATC1=R, Clerk, By 000�1 Deputy
V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board
of Supervisors
Received copies of this Application and Board Order.
DATED: County Counsel, By
County Administrator, By
APPLICATION TO FILE LATE CLAIM
1 LAW OFFICES OF JUSTIN A. ROBERTS 'p-'IN7ED
990 Moraga Road , Suite C
2 Lafayette , California 94549 h
Telephone : (415) 283-4880
3 _
Attorneys for Claimant P"` F';,:"LO,"
CARK FOAM of SUPE"!Soks
Deputy
5
6
7
8
9
10
11 In the Matter of the Claim of ) NO.
12 BOBBY A. NEILL, ) APPLICATION TO PRESENT LATE
CLAIM FOR DAMAGES AGAINST
13 Claimant. ) CONTRA COSTA COUNTY
(Government Code section 911 .4)
14
TO: CLERK, CONTRA COSTA COUNTY BOARD OF SUPERVISORS
15 6.51 Pine Street
Martinez, California 94553
16
17 Application is hereby made for leave to present the
18 attached late claim.
19 On or about December 5, 1986 , claimant, BOBBY A. NEILL
20 was a passenger in a Contra Costa County Sheriff' s Department van
21 which was transporting him, and other individuals, to the main
22 detention facility at 1000 Ward Street, Martinez, California. At
23 the intersection of Marina Vista and Shell Avenue in Martinez,
24 California, a sheriffs' deputy, Loretta R. Jones, the driver of
25 the van , ran a red light at said intersection and broadsided a
26 tractor/trailer carrying gasoline . Claimant BOBBY A. NEILL
27 suffered personal injuries including, but not limited to , serious
28 back injury. Thereafter claimant was temporarily incarcerated at
1 Vacaville State Prison and/or at the Martinez detention facility
2 and is currently detained at the state prison in Tehachapi. From
3 the date of the collision to the present time , claimant has
4 suffered serious back pains for which he has requested medication
5 and received same only on occasion . The reason for the delay in
6 presenting a claim for damages against this entity is that
7 claimant has been incarcerated from the date of the incident to
8 the present time .
9
Dated: August 26 , 1987 . LAW OFFICES OF JUSTIN A. ROBERTS
10
11
12 Ystin
.
A. Ro erts
13 orney for Claimant Bobby A. Neill
Moraga Road , Suite C
14 Lafa ette , CA 94549
(415 283-4880
15
16
17 DECLARATION OF JUSTIN A. ROBERTS
18 I , JUSTIN A. ROBERTS, declare under penalty of perjury
19 that the following is true and correct :
20 I make this declaration in support of claimant' s
21 Application to Present Late Claim pursuant to Government Code
22 section 911 .4.
23 The reason for the delay in presenting the claim is that
24 claimant was incarcerated at the main detention facility in
25 Martinez and at the state prison in Vacaville and is currently
26 detained in the state prison at Tehachapi , California. Claimant
27 BOBBY A. NEILL does not have any formal legal education or
28
-2-
1 training and has diligently sought medical and legal help for his
2 condition caused in the collision and has diligently, to the best
3 of hi-s ability, attempted to contact an attorney who would file
4 the attached claim.
5 Executed this 26th day of August, 1987 , at Lafayette ,
6 California .
7
8
9 J stin A. Roberts
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3-
1 LAW OFFICES OF JUSTIN A. ROBERTS
990 Moraga Road , Suite C
2 Lafayette , California 94549
Telephone : (415) 283-4880
3
Attorneys for Claimant
4
5
6
7
8
9
10
11 In the Matter of the Claim of ) NO.
12 BOBBY A. NEILL, ) DECLARATION OF BOBBY ALLEN
NEILL IN SUPPORT OF APPLICATION
13 Claimant. ) TO PRESENT LATE CLAIM FOR
DAMAGES AGAINST CONTRA COSTA
14 COUNTY
15
16 I, BOBBY ALLEN NEILL, declare under penalty of perjury
17 the following is true and correct :
18 .1 . I make this declaration in support my application
19 to present late claim for damages against Contra Costa County,
20 pursuant to Government Code 5911 .4.
21 2 . That on or about December 5, 1986, I, Bobby A.
22 Neill , was a passenger in a Contra Costa County Sheriff' s
23 Department van which was transporting me, and other individuals,
24 from the main detention facility at 1000 Ward Street, Martinez,
25 California. At the intersection of Marina Vista and Shell Avenue
26 in Martinez, California , the sheriff' s deputy driving the van ,
27 Loretta R. Jones, ran a red light at said intersection and hit a
28 tractor/trailer .
1 3. On or about December 5, 1986 , following the
2 collision , I was . transported back to the jail and was seen by a
3 doctor who ordered that- I be taken to the hospital to receive
4 X-rays of my mouth. I had requested X-rays for my back at the -
5 hospital and was advised that the doctor had not ordered any.
6 During the week of approximately December 8 , 1986, I was
7 transported to the detention facility at Vacaville where I was
8 given muscle relaxants for pain . Thereafter , on or about December
9 309 19869 I was transported back to the main detention facility at
10 Martinez where I remained until approximately April 9, 1987 .
11 Throughout the period I was at the Martinez detention facility, I
12 repeatedly requested that X-rays be taken of my back to determine
13 whether or not I had injured my back in the collision because it
14 continued to give me considerable pain . I was advised by
15 personnel at the Martinez detention facility that they had no
16 authority to order X-rays for me . Finally, on or about April 7 ,
17 1987 , I filed an inmate request (grievance) with the Contra Costa
18 County Detention Facility employees requesting that I receive an
19 X-ray or be seen by a specialist for the pain and suffering which
20 I continued to experience in my back, neck, and shoulders. I
21 received no response to the inmate request and was again
22 transported back to the Vacaville detention facility on or about
23 April 9, 1987 . From April 9 , 1987 , to approximately May 5 , 1987 ,
24 I was detained at Vacaville and was advised that I would receive
25 medical attention once I was finally given a permanent location .
26 On or about May 5, 1987, I was transferred from Vacaville to the
27 state prison at Tehachapi, California. Thereafter , I requested
r
28 that X-rays be taken of my back and in or about May, X-rays were
-2-
1 taken . On or about June 12 , 1987 , I was advised by the physician
2 at the state prison in Tehachapi that the X-rays showed a problem
3 at the fifth intervertebral disc space of my lumbar spine and that
4 the condition would more probably than not cause me problems for
5 the rest of my life . I had no way of knowing that I had suffered
6 such a serious injury to my spine until after I received the
7 information from the doctors on or about June 12 , 1987 . I have
8 deligently sought legal representation after I discovered the
9 seriousness of my condition and have had difficulty in obtaining
10 outside counsel for assistance and was only able to contact Mr .
11 Justin Roberts in late July, 1987 .
12 I declare under penalty of perjury that the foregoing is
13 true and correct. Executed on this ',) day of t ,
14 1987, at Tehachapi , California.
15
16
17 BOBBY LEN NEILL
18
1.9
20
21
22
23
24
25
26
27
28
-3-
1 LAW OFFICES OF JUSTIN A. ROBERTS
990 Moraga Road , Suite C
2 Lafayette, California 94549
Telephone : (415) 283-4880
3
Attorneys for Claimant
4
5
6
7
8
9
10
11 In the Matter of the Claim of ) NO.
12 BOBBY A. NEILL, ) CLAIM AGAINST CONTRA COSTA
COUNTY
13 Claimant. )
14
15 The above-named claimant, acting by and through his
16 attorneys, LAW OFFICES OF JUSTIN A. ROBERTS, hereby makes the
17 following claim against Contra Costa County Sheriffs Department as
18 follows :
19 a. The name and post office address of the
T
20 claimant is as follows:
21
Bobby A. Neill
22 D53186 4-2OA
P. 0. Box 608
23 Tehachapi , CA 93561
24 b. The post office to which the person presenting
25 the claim desires notices to be sent is:
26 LAW OFFICES OF JUSTIN A. ROBERTS c/o
Justin A'. Roberts
27 990 Moraga Road , Suite C
Lafayette, CA 94549
28 Telephone : (415) 283-4880 r
c . Date, place and circumstances of the claim:
2 On or about December 5, 1986, claimant was a
passenger in a vehicle owned and operated by the Contra Costa
3 Count-y Sheriffs' Department which was travelling eastbound on
Marina Vista at or near the intersection of Shell Avenue , in the
4 City of Martinez, County of Contra Costa, State of California,
when said sheriffs' transport van ran a red light and collided
5 with a Peterbilt tractor with trailers being driven by William
Archer . See California Highway Patrol report #86-5429 consisting
6 of twelve pages prepared by Officer S. Dannuzio .
7 d . Description of the injury, damage or loss known
8 at present :
9 Claimant has suffered personal injuries to his
head , neck, shoulders, back, waist and legs. These injuries
10 include, but are not limited to , a possible herniated disc .
Claimant has also suffered other special damages and general
11 damages as allowed by law.
12 e . The name or names of the public employee( s)
13 causing the injury damage or loss is:
14 Loretta R. Jones
P . 0. Box 391
15 Martinez, CA 94553
16 f. The amount claimed as of the date of
17 presentation :
18 $100,000.00.
19 g. Damages claimed :
20 $100,000.00 based on all general and special
damages as allowed by law.
21
22 Dated : August 26 , 1987 . LAW OFFICES OF JUSTIN A. ROBERTS
23
24
js4tin
25 A. Ro e is
neys for Claimant
26
27
28
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1-013
To'. BOARD OF SUPERVISORS
FROM: Victor J. Westman, County Counsel Contra
By: Andrea W. Cassidy, Deputy County CounselCosta
DATE: October 1, 1987 CCo �/
SUBJECT: Initiation of Litigation to Recover vim" ",
SPECIFIC REQUEST(S) OR RECOMMENDATION(_S) & BACKGROUND AND JUSTIFICATION
Recommended Action:
Authorize and direct County Counsel to initiate legal action
against Wanda Fuller aka Wanda Henry for the recovery of $2, 080. 00
plus interest and costs .
Background:
On December 27 , 1984, Ms . Fuller entered an agreement with
Contra Costa County California Children Services . Ms . Fuller
agreed to pay $2 ,844. 00 for the hospitalization of her son during
the period between November 1984 and November 1985 . The current
outstanding balance on Ms . Fuller ' s account is $2 , 080. 00.
AWC:tb
CONTINUED ON ATTACHMENT: YES SIGNATURE: � �r
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON October 13, 1987 APPROVED AS RECOMMENDED X OTHER
I
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: County Counsel ATTESTED ��
County Administrator PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382/7-83 BY 'DEPUTY