HomeMy WebLinkAboutMINUTES - 01171989 - 1.27 CLAIM
BOARD*SUPERVISORS OF CONTRA COSTA COUNTY, C&RNIA
Claim Against the County; lor District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT January 17 , 1988
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: :$344 . 47 Section 913 and 915.4. Please note all "Warnings".
CLAIMANT:
MARIE DAVIES county Qounwl
671 31st Street C E C 2 7 1988
ATTORNEY: Richmond, CA 94805
Date received M�-t� Z CA 94553
ADDRESS: BY DELIVERY TO CLERK ON December 21, �1Y '
BY MAIL POSTMARKED: December 20 , 1988
Certified P 484 670 343
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. PN B
DATED: December X27 , 1988 BvjL DeputyLOR, Clerk
L. Hall
II. FROM: County Counsel) TO: Clerk of the Board of Supervisors
This claim complies substantially with. Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. ThelBoard cannot act for 15 days (Section 910.8).
( ) Claim is not tilmely 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:
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Dated: 1 //I Z L) 0 BY: JDeputy 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. BOY) This
DER: By unanimous vote of the Supervisors present
( Claim is1rejected 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. 1
JAN 17 1989
Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
i
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
ilnitpd 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 tice to Claimant, addressed to
the claimant as shown above.
Dated: JAN 18 1989 BY: PHIL BATCHELOR by ty Clerk
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CC: County Counsel County Administrator
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Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CLAIMANT
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A. Claims relating to causes of action for death or for injury to person or to per-
sonal property ;or growing crops and which accrue on or before December 31, 1987,
must be presented not later .than the 100th day after the accrual of the cause of
action. Claims relating to causes of action for death or for injury to person
on to personal property or growing crops and which accrue on or after January 1,
1988, must be presented not later than six months 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. (Govt. Code §911.2.)
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B. Claims must * filed with the Clerk of the Board of Supervisors at its office in
Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553.
C. If claim is aglinst 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 the end of this
form.
RE: Claim By j Reserved f rk' Jing amp
RECEIVE®
Against the County of Contra Costa ) 1 �
or )
1 District) PHI AT OR
C1 ..-K B E a
Fill in name ) F o
R_Y c• _ Dei
The undersigned claimant hereby makes clai a�g i st t� 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)
-----------_ ------�_--CC _ __Jy-Z --------------
2. Where did the damage or injury occur? (Include city and county)
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---� � _ �----- ----- ------ — =`= -- ----------- c_
3. How did the damage or,:•injury occur? (Give full details; use extra paper if
required)
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---------- - -- �
-�-- ----
4. What .particular act or omission on the grt of county or district of'f1cerZj
servants orlemployees caused the i jury or damage?
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COBEL GLASS INC.
AUTO I PLATE HOME MOBILE SERVICE
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OAKLAND & CONTRA COSTA CO. SOUTHERN ALAMEDA CO.
(415) 834-7841 (415) 2763244
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R INTER-OFFICE MEMORANDUM *Distributed through
BECKMAN Supervisors & Managers
TO: All Employees* DATE.- 8/12/88
FROM: Mary Lou Stirling
SUBJECT: Road Work -- San Pablo Dam Road
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If you have had damage to your car due to the current
road work on San Pablo Dam Road, please contact the following
claims adjuster:
Liz Alvarado
'Liability -Claims
646-4155
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CLAIM
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BOARD OSUPERVISORS OF CONTRA COSTA COUNTY, C*RNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT January 17 , 1989
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. i ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $126, 500 .'00 Section 913 and 915.4. Please note all "War
OncstY (`,pun$e)
CLAIMANT: GREGORY CHANDLER ETAL
c/o James E. ! Scott, Esq. �g$8
ATTORNEY: Law Offices of Scott & Barsotti Martinez, CA 94553
315 East Leland Road Date received
ADDRESS: Pittsburg, CA 9.4565 BY DELIVERY TO CLERK ON December 19, 1988 CC
1 BY MAIL POSTMARKED: December 13, 1988
Certified P 754 377 815
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
�bIL gATCHELOR, Clerk
DATED: December 27 , 1988 : Deputy
L. Hall
II. FROM: County Counsel i TO: Clerk of the Board of Supervisors
(V') This claim complies substantially with Sections 910 and 910.2.
( ) This c,.laim FAILS ito comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Bogard cannot act for 15 days (Section 910.8).
( ) Claim is not time Ily 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:
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Dated: 7i0 BY: Deputy County Counsel
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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. BO,ARDD ORDER: i By unanimous vote of the Supervisors present
(`! ) This Claim is rejected in full.
( } Other: f
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I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: JAN 1 7 1989 PHIL BATCHELOR, Clerk, By Deputy Clerk
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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.
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You may seek the advice ofian attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do! so immediately.
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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
1InitPd States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fullyiprepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: JAN 18 1989 BY: PHIL BATCHELOR by putt' Clerk
CC: County Counsel County Administrator
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PAA
4errithew i County Counsel
emorial
o@@P0cml i DEC 16 1988
AND CLINICS
Martinez., CA 345553
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To: Office of County Counsel Date: December 14, 1988
Contra Costa County
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From:
Mark Fi nucane = Subject: CLAIM - Gregory Chandler, etc.
Health Service's Director Re: Christopher Chandler
j #345823-9
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The attaI'ched claim, regarding the above named patient, was received via
U.S. mail by Merrithew Memorial Hospital on December 14, 1988.
SP
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Attachment
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cc: Ron Harvey, Liability Claims Officer
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:z Contra Costa County
Sr'9 COU.
A-301B (3/87)
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1 LAW OFFICES
SCOTT & BARSOTTI
A Professional Corporation 17�
2
315 East Leland Road
Pittsburg , CA 94565 '
3 415/432j-2955 ��C
Attorneys for Claimants
6 IN THE MATTER OF THE CLAIM OF:
7 I
8 GREGORY CHANDLER , CONSTANCE ) CLAIM FOR WRONGFUL DEATH OF
CHANDLER , VANESSA CHANDLER , ) CHRISTOPHER MICHAEL CHANDLER
9 CHARLOTTE CHANDLER , and )
MELISSA CHANDLER, )
10 )
Claimants , ) Pr��Q
11 ) 1�y�',G
VS . )
H y 12 MERR I HEW HOSPITAL and DOE 1
Hoo : through DOE 10, inclusive,
0 < z 13 ncus
9�tV
a ° 0 14 Respondents . )
g ° : 15 ) av 4•
5 F < +
H0N � I .
Oa � v 16 i
17
Claimants GREGORY CHANDLER , CONSTANCE CHANDLER , VANESSA
18 CHANDLER , CHARLOTTE CHANDLER and MELISSA CHANDLER, by and through
19 their attorneys , the Law Offices of Scott & Barsotti , hereby
20 present this Claim to MERRIHEW HOSPITAL , and DOE 1 through DOE
21 10, inclusive, pursuant to Government Code Section 910, et seq .
22 _, -
23 j The names and addresses of Claimants are as follows :
24 GREGORY CHANDLER
833 Deltren Street
25 j Pittsburg , CA 94565
26 I CONSTANCE CHANDLER
833 Deltren Street
27 Pittsburg , CA 94565
28
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VANESSA CHANDLER
1 1833 Deltren Street
2 iPittsburg , CA 94565
3 CHARLOTTE CHANDLER
833 Deltren Street
4 Pittsburg , CA 94565
5 I MELISSA CHANDLER
1833 Deltren Street
6 Pittsburg , CA 94565
!
7
8 i The address to which Claimants request that matters
9 incident to this Claim be sent is as follows :
10
11 James E . Scott , Esq .
LAW OFFICES OF SCOTT & BARSOTTI
12 315 East Leland Road
F i Pittsburg , CA 94565
H 13
IV.
14
opaZg � : I On or about August 18, 1988, CHRISTOPHER MICHAEL
m 5lU H4W � ' 15 CHANDLER , born July 6, 1979, underwent surgery at MERRIHEW
F+ QN �
0F 16
t HOSPITAL , City of Martinez , County of Contra Costa, State of
17
California . The surgery was incident to surgical repair of an
18
umbilical hernia . Because of complications , CHRISTOPHER MICHAEL
19
CHANDiLER was transferred from MERRIHEW HOSPITAL to Children ' s
20 Hospiital , Oakland , California, and CHRISTOPHER MICHAEL CHANDLER
21
diedl either in route or shortly thereafter . The cause of death
22
is reported as hypoxic encephalopathy due to respiratory depres-
23
sion 'land failure following general anesthesia for surgical repair
24
of ventral hernia .
25
V.
26
Claimants are the natural brothers and sisters of dece-
27
dent CHRISTOPHER MICHAEL CHANDLER .
28
2
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1 VI .
2 The proximate cause of the death of decedent , CHRISTOPHER
3 MICHAEL! CHANDLER , was , but not limited to , improper diagnosis of
4 deceden't ' s condition , improper surgical procedures including the
5 adminisltration of general anesthesia , and improper post-operative
6 care. IThe conduct complained of was the proximate cause of the
7 death If decedent .
8 I VII .
9 As a proximate result of the misconduct claimed herein ,
10 Claimants have been deprived of the society , comfort , and
11 protecltion of decedent and have been damaged far in excess of the
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12 statutory limit of damages allowed in this situation .
F r
Foo ' 13 VIII .
0 < �
Waa � m :
Because of the statutory limit , damages recoverable, and
14
meg ,,
15 of the misconduct of the Respondents that proximately caused the
F � Wm
F0N � deathofCHRISTOPHER MICHAEL CHANDLER , Claimants make demand in
16
U F,
a 17 the amount of One Hundred Twenty Five Thousand Dollars
18 ( $1251,000 . 00) for the wrongful death of CHRISTOPHER MICHAEL
19 CHANDLER.
20 I X .
21 I In addition , Claimants make demand for funeral and burial
22 expenses in the amount of One Thousand Five Hundred Dollars
23 ( $ 1 ,500.00) .
24
25
26
27
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2 Claimants request further communciation or correspon-
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3 dence in this matter be directed to James E . Scott , Esq . , Law
4 Offices of Scott & Barsotti , 315 East Leland Road , Pittsburg ,
5 Cal iforinia 94565 .
6 DATED : December 13, 1988
7 Law Offices
ISCOTT& BARSO TI
8
9
J E. C T
10 A t rney for Claimants
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PROOF OF SERVICE BY MAIL- CCP 1013a, 2015a
1 i
2 iI declare that :
3 1 am a resident of the County of Contra Costa,
4 California .
5 I am over the age of eighteen years and not a party of the
6 within entitled cause ; my business address is 315 East Leland
7 Road , Pittsburg , California 94565 .
8 On December 13 , 1988 , I served the attached CLAIM FOR
9 WRONGFUL DEATH OF CHRISTOPHER MICHAEL CHANDLER on the parties in
10 said cause, by placing a true copy thereof enclosed in a sealed
11 envelolpe with postage thereon fully prepaid , by certified mail ,
12 return receipt requested , in the United States Mail at Pittsburg ,
13 California, addressed as follows :
0
' Frank Puglasi , Hospital Administrator
d o ° 14 MERR I HEW HOSPITAL
2500 Alhambra Avenue
3 � ° �, ° :
g H 4 W 15 Mar t i riez , CA 94553
H o in
oamv 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 December 13, 1988, at
19
Pittsburg , California .
20
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Terri L . Calisesi
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t CLAIM
` iBOI_,D WUPERVISORS OF CONTRA COSTA COUNTY, CARNIA
Claim Against the County, or District governed by) y BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT January 17 , 1988
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 "Warni
,Un ngs"
t_ t".
CLAIMANT: EARLY WARNER COMPANY, INC.
c/o Douglas M. Gooding, Esq. � C
ATTORNEY: Gooding, Heidenreich & Shinnick 0_4603
Date received
535 Pacific Ave. 2nd Floor Mar'iinex, GA „
ADDRESS: San Francisco , CA 94133 BY DELIVERY TO CLERK ON December 19 , 1988
BY MAIL POSTMARKED: December 16 , 1988
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: December 271 H, 1988 ��ILATCELOR, Clerk
: putt'
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).
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( ) Claim is not timelly 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: I211' <;Z
BY: Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was retuIned as untimely with notice to claimant (Section 911.3).
I'V. BOARD DER: By unanimous vote of the Supervisors present
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( ) This Claim is rejected in full. i.
( ) Other: I
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I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.�1^' ' 1 r� 1
Dated: �QN'1 ` t PHIL BATCHELOR, Clerk, By - Deputy Clerk
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WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to !file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
i
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
ilnitpd States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully, prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
JAN 18 190'9
Dated: BY: PHIL BATCHELOR by _4_ eputy Clerk
CC: County Counsel County Administrator
Y � Y
a
GOODING, HEIDENREIOH & SHINNICK
Attorneys at Law
535 Pacific Avenue, Second Floor
San Francisco, CA 94133
Douglas M.Gooding
Joan V.Heidenreich Telephone
Edward Kelly Shinnick I (415)397-6700
December 15, 1988
CERTIFIED MAIL
RI✓CEIVED
County of Contra Costa
Clerk of the Board UtU I iy88
County Clerk
651 Pine 'Street, Room 106 PHIL BATCHELOR
Martinez; CA 94553 CLERK BOARD Of SUPERVISORS
CONTRA COSTA CO.
8
Deputy
Re: 1 Zizzo v. State of California, et al .
Contra Costa Superior Court # C88-03028
Gentlemen/Ladies :
Enclosed please find the original and four copies of
our Notice of Claim for Indemnification Due to Negligence
(Pursuant to Government Code Section 910 . 2 ) in the above
matter. Please file the original and return filed-endorsed
copy( ies ) to this office in the envelope provided . Thank
you.
Yours truly,
D GLAS M. GOODING
DMG:cts '
Enclosures
cc: Michael E. Freedman, Esq.
John J. Murray, Esq.
Thomas Lacchia, Esq.
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1 TO: County of Contra Costa
Clerk df the Board
2 County ;Clerk
651 Pirie Street, Room 106 016
3 Martinez, CA 94553
F A P ORS
4 I CLQ- r1pf� Qeputy.
BY ►.
5
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7 NOTICE OF CLAIM FOR INDEMNIFICATION DUE TO NEGLIGENCE
i (PURSUANT TO GOVERNMENT CODE SECTION 910 . 2 )
8
9 YOU ARE NOTIFIED THAT EARLY WARNER COMPANY, INC. , makes
10 the following claim relative to an accident on September 30 ,
11 1987 , 1at a time unknown, on the Knox Freeway (Interstate
12 580 ) near Marina Way in Richmond, California.
13 A. CLAIMANT: EARLY WARNER COMPANY, INC.
c/o Douglas M. Gooding, Esq.
14 Gooding, Heidenreich & Shinnick
535 Pacific Avenue, Second Floor
15 j San Francisco, California 94133
�B. SEND NOTICE TO:
16 I Douglas M. Gooding, Esq.
17 Gooding, Heidenreich & Shinnick
535 Pacific Avenue, Second Floor
18 San Francisco, California 94133
19 IC. CIRCUMSTANCE OF CLAIM: Attached hereto is the
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20 complaint filed by JOSEPHINE ZIZZO against EARLY WARNER
21 COMPANY, INC. , among others, in Contra Costa Superior. Court,
22 No. C88-03028 . EARLY WARNER COMPANY, INC. seeks
23 indemnification from any responsibility to JOSEPHINE ZIZZO
24 on the ground that its responsibility, if any, is not
A ary and that of County of Contra Costa is primary.
25 pr 11
26 D. INJURY: Claimant may be required to make a
27 settlement contribution, or may have a verdict rendered
28 against it through no fault of its own.
1/
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PUBLIC EMPLOYEES CAUSING INJURIES: All
2 governmental agencies that participated in the ownership
3
and/or !maintenance control and/or operation of the roadway
4 at theKnox Freeway near Marina Way on September 30 , 1987 .
5 E!. EXACT NAME OF PARTY: County of Contra Costa.
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6 F. the AMOUNT OF THE CLAIM is the sum of
7
$1 ,0001,000 .00 . This claim is being submitted on behalf of
8 EARLY WARNER COMPANY, INC. , and the amount of the claim is
9
basedlupon MS. ZIZZO' S claim against the county.
10 Please submit all further inquiries or correspondence
11 to Diuglas M. Gooding, Esq. , GOODING, HEIDENREICH &
12 SHINNICK, 535 Pacific Avenue, Second Floor, San Francisco,
13 Califf rnia 94133 .
14
Respectfully submitted,
15 Dated: December 15, 1988
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16 I GOODING, HEIDENREICH & SHINNICK
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18 I BY:
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19 D LAS M. GOO ESQ.
Attorneys for Claim EARLY WARNER
20
COMPANY, INC.
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Michael E. Freedman U
1 LAW OFFICES OF MICHAEL E. FREEDMAN
101 California Street, Suite 980 AL � 1988
2 San Francisco, California 94111
Telephone : (415) 391-9666J• R. Ol$$Otd, County Clerk
3 CONTRA COSTA C(ll!N'I'Y
Attorneys for Plaintiff By
4 JOSEPHINE ZIZZO
5 RECEIVED 8 1988
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
.8
i COUNTY OF CONTRA COSTA
9
10 JOSEPHINE ZIZZO, ) No. �. C� �' r rl
Plaintiff , ) COMPLAINT FOR DAMAGES :
12 ) Dangerous Condition ,
V . ) Negligence
13 )
STATE OF CALIFORNIA, STATE OF )
14 CALIFORNIA DEPARTMENT OF )
TRANSPORTATION, GHILOTTI ) f101!CE: i
15 BROS., INC. , EARLY WARNER ) Ti."-' •��'� (;; ���.!;'i''!:�� Ti' f?F�'" (
CO. ,:i CONTRA COSTA COUNTY, ) �IV'n CU .:rj l'!,; 41
C01 Ci1L (> >
16 CITY OF RICHMOND, and DOES 1 ) ' N.� i;ULE ;) 00
TO 100 , inclusive,
17 i I )
'Defendants . )
18 )
19 Plaintiff alleges :
20 FIRST CAUSE OF ACTION
(Dangerous Condition)
21
1 . Defendant State of California ("CALIFORNIA" ) is ,
22
and at all times mentioned herein was , a sovereign state of the
23
United States of America.
24
25 i 2. Defendant State of California Department of
Transportation ("CALTRANS") is , and at all times mentioned
26
herein was, a department of the State of California, duly
27
28 organized and existing under the laws of the. State of
rCalifornia. .
3 . Defendant Ghilotti Bros . , Inc. ( "GHILOTTI" ) is ,.
1
and at all times mentioned herein was , a California Corporation
2
3 duly organized and existing pursuant to the laws of the State of
I
4 California and has its principal place of business in San
Rafael, California.
5
4 . Defendant Early Warner Co. ("EARLY") is , and at
6
7 all times mentioned herein was , a corporation transacting
business in California.
8
5 . Defendant County of Contra Costa ( "CONTRA COSTA" )
9
10
is , ai ind at all times mentioned herein was , a county duly
organized and existing under the laws of the State of
11
Caliiornia .
12
6 .. Defendant City of Richmond ( "RICHMOND" ) is , and
13
at ail times mentioned herein was , a municipal corporation, duly
14
organized and existing under the laws of the State of California
15
and situated in the County of Contra Costa.
16
7 . The true names and capacities of defendants DOES
17
1 through 100 , inclusive, whether individual , - corporate ,
18
associate , or otherwise'. are unknown to plaintiff at this time ,
19
who therefore sues said defendants by such fictitious names , and
20
when, the true names and capacities of such defendants are
21
ascertained, plaintiff will amend this Complaint to insert same .
22
23 Plaintiff is informed and believes and thereon alleges that each
defendant named as a DOE is responsible for each and every act
24
and obligation hereinafter set forth.
25
8 . Plaintiff is informed and believes and thereon
26
27 allelges that at all times mentioned herein each of the .
defendants sued herein as DOES 1 to 100, inclusive, was , and
28
2
now is', the agent, servant, and employee of each of the
� 1
2 remaining defendants , and was at all times acting within the
course. and scope of such agency and employment.
3
9 . On or about September 30, 1987 , plaintiff was
4
traveling westbound on the Knox Freeway (State Highway 580)
5
which iwas under construction. After the traffic signal at
6
Marina Way, the original Knox Freeway continues in a straight
7
westerly direction. On or about September 30 , 1987 , defendants
8
CALIFORNIA, CALTRANS , CONTRA COSTA, and RICHMOND were
9
10 constructing a new part of the Knox freeway which curved sharply
to the right .
11
10 . On or about September 30 , 1987 , Defendants
12
CALIFORNIA, CALTRANS , CONTRA COSTA, and RICHMOND negligently and
13
carelessly failed to place barricades or markings on the Knox
14 1 -
Freeway in order to prevent or warn traffic from proceeding in a
15
straight westerly direction onto the original Knox Freeway.
16
11 . On or about September 30 , 1987 , Defendants
17
CALIFORNIA, CALTRANS , CONTRA COSTA, and RICHMOND negligently and
18
carelessly failed to post any signs or make any road markings
19
directing westbound traffic onto the newly constructed part of
20
the Knox Freeway which curved sharply to the right .
21
12. Defendants ' , CALIFORNIA, CALTRANS , CONTRA COSTA,
22
and RICHMOND, negligent conduct created a dangerous condition on
23
the Knox Freeway in that westbound traffic was deceived into
24
proceeding onto the original roadway and directly into oncoming
25
traffic. There were no warning signs of such fact and the
26
danger would not be reasonably apparent to, and would not have
27
j 28 been anticipated by, a motorist using due care. Such dangerous
3
condition constituted a trap for motorists who could reasonably
1
believe that they should proceed onto the original Knox Freeway,
2
and who could not see automobiles coming from the opposite
3
4 direction on the newly constructed part of the, Knox Freeway.
13 . On or about September 30, 1987 , plaintiff was
5
lawfully on the Knox Freeway proceeding westbound , and as a
6
7 proximate result of the dangerous condition, plaintiff ' s vehicle
collided head-on with another vehicle coming 'from the opposite
8
direction.
9
14 . As a proximate result of the dangerous condition
10
on defendants ' , CALIFORNIA, CALTRANS , CONTRA COSTA, and
11
RICHMOND, property, plaintiff was hurt and injured in her
12
health, strength, and activity, sustaining injury to her body
13
and shock and injury to her nervous system and person ,. all of
14
15 which injuries have caused, and continue to cause , plaintiff
16 great mental , physical , and nervous pain and suffering . °
Plaintiff is informed and believes and thereon alleges that such
17 j
injuries will result in some permanent disability to her . As a
18
result of such injuries , plaintiff has suffered general damages
19
in an ,amount according to proof .
20
21 15. As a further proximate result of the dangerous
condition on defendants ' property, plaintiff has incurred, and
22
will continue to incur, medical and related expenses . The full
23
amount of such expenses is not known to plaintiff at this time ,
24
and plaintiff will move to amend this complaint to state such
25
26 amount when the same becomes known to her, or on proof thereof .
16. As a further proximate result of the dangerous
27
28 condition on defendants ' property, plaintiff's earning capacity
4 -
has been greatly impaired, both in , the past and at present. The
1
exact amount is not known to plaintiff at this time , and
2
3 plaintiff will move to amend this complaint to state such
amount when the same becomes known to her, or on proof thereof .
4
5 17 . On or about December 14 , 1987 , plaintiff
presented to CALIFORNIA, CONTRA COSTA, and RICHMOND a claim for
G
the injuries , disability, losses , and damages suffered and
incurred by her by reason of the above-described occurrence ,
8
all injcompliance with the requirements of Section 905 of the
9
10 Government Code . A copy of the claims are attached hereto as
Exhibits 1 , 2 , and 3 respectively.
1]
18 . On or about February 4 , 1988 , CONTRA COSTA
12
13 rejected the claim in its entirety. On or about May 4 , 1988 ,
CALIFORNIA rejected the claim in its entirety . On or about
14
15 January 27 , 1988 RICHMOND failed to act on the claim within the
-
16 period of 45 days after its presentation, and the claim was thus
17 deemed rejected , under the provisions of Section 912 . 4 of the
18 Government Code , at the expiration of the 45-day period.
WHEREFORE, plaintiff prays judgment against defendants
19
CALIFORNIA, CALTRANS, CONTRA COSTA, and RICHMOND, and each of
20
them,;' as follows :
21
(1) For general damages according to proof ;
22
23 (2) For medical and related expenses
according to proof;
24 J
25 (3) For loss of earnings and earning
capalcity according to proof;
26 I 27 (4) For costs of suit herein incurred; and
28 (5) For such other and further relief as
5 - .
a
the court may deem proper.
1
SECOND CAUSE OF ACTION
2 (Negligence)
3 19. Plaintiff incorporates by reference the
4 allegations set forth in Paragraphs 1 through 18 , inclusive , as i
5 though set forth herein.
6 20. At all times mentioned herein, defendants
7 GHILOTTI and EARLY were employed by defendants CALIFORNIA,
8 CALTRANS , CONTRA COSTA, and RICHMOND to perform construction
9 work on the Knox Freeway and were engaged in such employment .
10 21 . At all times mentioned herein, defendants
11 GHILOTTI and EARLY knew or should have known that the
12 construction work on the Knox Freeway was likely to create
13 during its progress a peculiar risk of harm to motorists using
I
14 the Knox Freeway unless special precautions were taken, in that
15 during the course of the construction work, westbound traffic
16 was deceived into proceeding onto the original roadway and
17 directly into oncoming traffic . There were no barricades ,
18 warning signs or roadway markings preventing westbound traffic
;
19 from proceeding onto the original Knox Freeway and directly into
20 oncoming traffic. Such hazard would not be reasonably apparent
21 to, and would not have been anticipated by, a motorist using due
22 care .: This hazard constituted a trap for motorists who could
23. reasonably believe that they should proceed onto the original
24 Knox ;Freeway, and who could not see automobiles coming from the
25 opposite direction on the newly constructed part of the Knox
26 Freeway.
27 22. Defendants GHILOTTI and EARLY negligently
28
6 _
maintained, managed, controlled, and operated the premises , in
1 �
that they negligently and carelessly failed to place barricades
2
3 or markings on the Knox Freeway in order to prevent or warn
traffic from proceeding in a straight westerly direction onto
4
5 the original Knox Freeway directly into oncoming traffic, and
i
failed to post any signs or make any 'road markings directing
6
7 westbound traffic onto the newly constructed part of the Knox
Freeway which curved sharply to the right .
8 _
23 . As a proximate result of defendants ' , GHILOTTI
9
10 and EARLY' s negligence , plaintiff suffered injuries and damages
as described hereinabove .
11
12 WHEREFORE, plaintiff prays judgment against defendants
13 GHILOTTI and EARLY, and each of them, as follows :
14 (1) For general damages according to proof ;
15 ( 2) For medical and related expenses
according to proof ;
16
17 ( 3) For loss of earnings and earning
I
capacity according to proof ;
18
19 (4) For costs of suit herein incurred; and
(5) For such other and further relief as
20
21 the court may deem proper.
22 DATED: July 25, 1988
LAW OFFICES OF MICHAEL E. FREEDMAN
23
24 � By ,/
Micha 1 E. Freedman
25 Attorney for JOSEPHINE ZIZZO
i
26
27
28 ,
�RTIFICATE OF SERVICE BY l�L
1 , CATHERINE TAYLOR, declare under penalty of perjury of the laws
of the State of California, that the following facts are true and
correct :
I am a citizen of the United States of America, over the age of
,.:ighteen ( 18 ) years , and riot a party to or interested in the within
cause . 1 am an employee of the law firm of GOODING, HEIDENREICH L
SHIIINICK, 535 Pacific Avenue, Second Floor, San Francisco, California
94133 .
I served by mail the following document(s ) :
NOTICE OF CLAIM FOR INDEMNIFICATION DUE TO NEGLIGENCE (PURSUANT
TO GOVERNMENT CODE SECTION 910 . 2) [to County of Contra Costa]
in the following manner :
I enclosed a true copy of said documents ) in an envelope, ad-
dressed as follows :
Michael E. Freedman, Esq.
Law Offices of Michael E. freedman
101 California Street, Suite 980
San Francisco, CA 94111
Thomas Lacchia, Esq.
595 Market Street, Suite 1700
P.O. Box 74144
San Francisco, CA 94120-7444
John J. Murray, Esq.
Drevlow, Mulrray & Payne
One Market Plaza
Spear Street Tower , Suite 1000
San Francisco, CA 94105
I seal�:d said uiivulope, and deposited it so sealud and addressed
oil December 16 , 1988 with the said document(s ) enclosed there-
in dnd with postage thereon fully prepaid , in the United States Mail,
in the City and County of San Francisco, State of California.
Lxecuted on December 16 , 1988 at San Francisco, Cali ornia.
CF.'1IIEIt1 t•JL•' TAYII10R
Iii o
4
I
CERTIFICATE OF SERVICE BY CERTIFIED MAIL
i
i
I; CATHERINE TAYLOR, declare under penalty of perjury
of the laws of the State of California, that the following
facts are true and correct:
I am a citizen of the United States of America, over
the age of eighteen ( 18 ) years, and not a party to or
interested in the within cause. I am an employee of the law
firm of GOODING, HEIDENREICH & SHINNICK, 535 Pacific Avenue,
Second Floor, San Francisco, California 94133 .
I served by CERTIFIED MAIL the following documents in
the case of ZIZZO V. STATE OF CALIFORNIA, ET AL. :
NOTICE OF CLAIM FOR INDEMNIFICATION DUE TO NEGLIGENCE
(PURSUANT TO GOVERNMENT CODE SECTION 910 . 2 )
I
in theifollowing manner:
I, enclosed a true copy of said documents in an enve-
lope, addressed as follows :
County of Contra Costa
Clerk of the Board
County Clerk
651 Pine Street, Room 106
Martinez, California 94553
I' sealed said envelope and deposited it so sealed and
addressed on December 16 , 1988, with the said documents
-enclosed therein and with postage fully prepaid, in the
United) States Mail, in the City and County of San Francisco,
State �of California.
Executed on December 16 , 1988 at San Francisco,
California.
CATHERINE TAYLOR
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