HomeMy WebLinkAboutMINUTES - 01241989 - 1.11 CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA /
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT January 24, 1989
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: Unspecified Section 913 and 915.4. Please note all "Warn dUMY Counsel
CLAIMANT: ALFRED HARVEY ETAL
c/o John E. Haapala, Van De Poel , Strickland, & Haapala JAN 061989
ATTORNEY: 1999 Harrison Street #1100
Oakland, CA 94612-3508 Date received Martinez, CA 94553
ADDRESS: BY DELIVERY TO CLERK ON December 30 , 1988
BY MAIL POSTMARKED: December 29 , 1988
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: January 6, 1989 PpHHIL BATCHELOR, Clerk
BY: Deputy
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(✓ ) This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( )
Other:__
Dated: ABY. 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: `,A N 2 4 1989 PHIL BATCHELOR, Clerk, By , Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: JAN 2 6 1999 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
1
VAN DE POEL, STRICKLAND 8 HAAPALA
JOHN F.VAN DE POEL ATTORNEYS AT LAW
WILLIAM R.STRICKLAND LAKE MERRITT PLAZA TELEPHONE
JOHN E.HAAPALA 1999 HARRISON, SUITE 1100 (415)763-2324
CHRISTOPHER M. HARNETT
CHARLES J.MAGUIRE,JR. OAKLAND, CALIFORNIA 94612-3508 FAX
CLYDE A.THOMPSON (415)273-8534
JUDITH B.ALTURA
R.STEVEN PIERCE
DAVID J.BISHOP
VELVET A.CHANG HEE December 29, 1988
BRENDA C.MORRISSEY
TERRY J.KAHN
JAMES M.MILLAR
TASOS L.GERON
Clerk
Contra Costa County Board of Supervisors
651 Pine Street, #106
Martinez, Ca.
Re: Erickson vs. Wong
Wong vs. City of Walnut Creek, et al. ,
Dear Sir/Madame:
Enclosed please find our original claim and a copy in the above-
captioned matter. We request that you return an endorsed filed
copy of the claim to our office in the enclosed self-addressed
envelope.
We appreciate your cooperation in this matter.
Very truly yours,
VAN DE POEL, STRICKLAND & HAAPALA
9R. STEVEN PIE
RSP:em
encl.
RECEIV:ED
1
2 r�, Q 198
CLAIM AGAINST COUNTY OF CONTRA COS �E uP R isoras
ON �T
By 5. illy
4 Pursuant to Division 3 . 6 of the Government Code, Alfred
5 Harvey and Marian Harvey present the following claim against the
County of Contra Costa:
6 1. The name and address of the claimants are Alfred Harvey
7 and Marian Harvey, c/o John E. Haapala, Van De Poel, Strickland,
& Haapala, 1999 Harrison Street, Suite 1100, Oakland, California,
8 94612-3508 .
9 2 . Please send notices concerning this claim to John E.
Haapala, Van De Poel, Strickland, & Haapala, 1999 Harrison
10 Street, Suite 1100, Oakland, California, 94612-3508.
< 11 3 . The incidents giving rise to this claim are set forth in
Q the complaint of Arnold Erickson and Maxine Erickson vs. Lam Ling
< N Wong and Linda Wong, along with the first amended cross-complaint
= omv 12 filed by Lam Ling Wong and Linda Wong. A copy of the complaint
QNW � N 13 and the first amended cross-complaint are attached hereto for
z g W descriptive purposes only.
-<' 14
U >-EM i 4 . Alfred Harvey and Marian Harvey' s claim is for equitable
Wzw "'" 4W comparative, partial and total indemnity and contribution against
" wwM40 15 the County of Contra Costa arising out of the above referenced
LU < _J 16 incidents. Service of the initial cross-complaint was made on
m _J � June 29, 1988. Subsequent to the demurrer, service of the first
0 0 17 amended cross-complaint was made on September 7, 1988. Should
z judgment be entered against Alfred and/or Marian Harvey and in
>< 18 favor of Lam Ling Wong and Linda Wong, then Alfred and Marian
Harvey seek equitable, comparative, partial, and total indemnity
19 and contribution from the County of Contra Costa.
20 5. The name or names of the public employee or employees
causing the injury, damages, or loss is presently unknown.
21 6. Since this is a claim for indemnity and contribution and
22 since there has been no loss through payment or judgment, the
amount claimed as of this date is unknown.
23 DATED: December 29, 1988
24
25 VAN DE POEL, STRICKLAND & HAAPALA
26 By
27 R. STEVEN PIERCE
28
1 LAW OFFICES OF LEONARD P. MASTROMONACOVAN DE POEL, STRICKLAND
601 Montc;omery Street, Suite 1900
2 San Francisco, CA 94111 & NAAPALA
3 Telephone: (415) 421-6001 SEP 0 u 1988
Attorney for Defendants and Cross-Complainants,
4 LAM LING WONG and LINDA WONG CALENDARED
INITIALED
5
6
7
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF CONTRA COSTA
10
ARNOLD ERICKSON and MAXINE ERICKSON, ) NO. 299454
11 )
Plaintiffs, ) AMENDED CROSS-
12 ) COMPLAINT FOR
V. ) INDEMNITY AND
13 ) FOR EQUITABLE
LAM LING WONG, LINDA WONG, ) CONTRIBUTION
14 and DOES 1 TO 101 inclusive, )
15 Defendants. )
16 )
LAM LING WONG and LINDA WONG, )
17 )
Cross-Complainants, )
18 )
V. )
19 )
CITY OF WALNUT CREEK, a public entity; )
20 COUNTY OF CONTRA COSTA, a public )
entity; CONTRA COSTA COUNTY WATER )
21 CONSERVATION DISTRICT, a public entity; )
CONTRA COSTA COUNTY FLOOD CONTROL )
22 DISTRICT, a public entity; )
ALLEN CRISTOFANI ; TERRY DEBATTISTA; )
23 CHUCK DEBATTISTA; GLEN BAYLOR; )
BARBARA BAYLOR; ALFRED S. HARVEY )
24 (previously named as ROE 1 HARVEY) ; )
MARIAN B. HARVEY (previously named as )
25 ROE 2 HARVEY) ; LEONARD HAIN; and )
ROES 1 TO 50, inclusive, )
26 )
Cross-Defendants. )
27 )
28 //
1 COMES NOW CROSS-COMPLAINANTS LAM LING WONG AND LINDA WONG,
2 and by way of Cross-Complaint against the Cross-Defendants, and
3 each of them, allege as follows:
4 First Cause of Action
5 Cross-Complainants LAM LING WONG and LINDA WONG complain
6 of Cross-Defendants, and each of them, and allege:
7 1. Cross-Complainants are ignorant of the true names and
8 capacities of Cross-Defendants sued herein as ROES 1 TO 50,
9 inclusive, and therefore sue these Cross-Defendants by such
10 fictitious names. Cross-Complainants will amend this Cross-
11 Complaint to allege their true names and capacities when
12 ascertained.
13 2 . At all times herein mentioned, each of the Cross-
14 Defendants was the agent and employee of each of the other
15 Cross-Defendants, and in doing all the things herein mentioned,
16 was acting within the course and scope of said agency and
17 employment.
18 3 . Cross-Complainants hereby incorporate by reference
19 the allegations of Plaintiffs' Complaint as though set forth in
20 its entirety, but not for the purpose of admitting any of the
21 allegations of said Complaint heretofore denied by Cross-
22 Complainants.
23 4 . Since June 1979, Cross-Complainants owned real
24 property located at 229 Oak Knoll Loop, Walnut Creek,
25 California (hereinafter referred to as "THE WONG PROPERTY") .
26 The previous owner of THE WONG PROPERTY was Cross-Defendant
27 LEONARD HAIN and ROES 1 TO 5, inclusive.
23
2 -
y i
1 5. Cross-Defendants HAIN and ROES 1 TO 5 , inclusive,
2 installed, constructed, maintained, and otherwise exercised
3 dominion and control over the drainage on THE WONG PROPERTY
4 prior to selling said property to Cross-Complainants. Cross-
5 Defendants HAIN and ROES 1 TO 5, inclusive, installed a surface
6 and subsurface drainage system for said property so as to cause
7 all water that flows onto or into, collects on or under, or is
8 deposited upon said property to be directed to a drainage
9 outlet that is located directly over the outlet to the storm
10 drainage system owned, constructed, and maintained by THE CITY
11 OF WALNUT CREEK, THE COUNTY OF CONTRA COSTA, THE CONTRA COSTA _
12 COUNTY WATER CONSERVATION DISTRICT, and THE CONTRA COSTA COUNTY
13 FLOOD CONTROL DISTRICT, which drainage system is more fully
14 described below.
15 6. At all times herein mentioned, ALFRED S. HARVEY
16 (previously named as ROE 1 HARVEY) and MARIAN B. HARVEY
17 (previously named as ROE 2 HARVEY) and ROES 16 TO 20,
18 inclusive, owned real property located at 2008 San Miguel
19 Drive, Walnut Creek, California (hereinafter referred to as
20 "THE HARVEY PROPERTY") . THE HARVEY PROPERTY is located west of
21 and contiguous to both THE WONG PROPERTY and THE BAYLOR
22 ' PROPERTY (as described below) , and THE HARVEY PROPERTY-is
23 downhill from THE WONG PROPERTY. The above-described drainage
24 system owned and maintained by the above-mentioned public
25 entities, and the drainage pipe from THE WONG PROPERTY deposit
26 water onto THE HARVEY PROPERTY. Said water would pond upon THE
27 HARVEY PROPERTY and cause no damage to THE HARVEY PROPERTY.
28
3 -
1 The HARVEYS and ROES 16 TO 20, inclusive, caused a drainage
2 conduit to be installed, constructed, maintained, and improved
3 upon THE HARVEY PROPERTY so as to cause the water from the
4 public entities' drainage system and from the WONGS' drainage
5 pipe to be deposited on THE DEBATTISTA PROPERTY which is more
6 fully described below.
7 7. Cross-Defendants TERRY DEBATTISTA, CHUCK DEBATTISTA,
8 and ROES 21 TO 25, inclusive, owned the real property at
9 2006 San Miguel Drive, Walnut Creek, California (herein
10 referred to as "THE DEBATTISTA PROPERTY") . THE DEBATTISTA
11 PROPERTY is immediately west of and contiguous to THE HARVEY
12 PROPERTY, and is also contiguous to the property owned by
13 Plaintiffs ARNOLD ERICKSON and MAXINE ERICKSON and is both east
14 of and south of THE ERICKSON PROPERTY. The DEBATTISTAS and
15 ROES 21 TO 25, inclusive, caused a drainage conduit to be
16 installed, constructed, maintained, and improved upon THE
17 DEBATTISTA PROPERTY so as to cause the water from the public
18 entities' drainage system and from the WONGS' drainage pipe to
19 be deposited on THE ERICKSON PROPERTY after it was carried by
20 thhe drainage conduit installed, constructed, maintained, and
21 improved by the HARVEYS.
22 8. Cross-Defendants THE COUNTY OF CONTRA COSTA, THE
23 CONTRA COSTA COUNTY WATER CONSERVATION DISTRICT,. THE CONTRA
24 COSTA COUNTY FLOOD CONTROL DISTRICT, and ROES 26 TO 35,-
25 inclusive, installed, constructed, and at all times herein
26 mentioned owned a drainage system for all the properties herein
27 /!
28
4 -
1 mentioned as well as for other properties in the area
2 surrounding Plaintiffs' residence.
3 9 . Sometime after said public entities' drainage system
4 was completed, some portion of said drainage system was
5 dedicated to THE CITY OF WALNUT CREEK and ROES 36 TO 45,
6 inclusive. Cross-Defendants THE CITY OF WALNUT CREEK and ROES
7 36 TO 45, inclusive, also maintain the roads and streets for
8 the area immediately surrounding Plaintiffs' residence and
9 neighborhood, which roads and streets allow water that falls or
10 flows onto said road and streets to be drained to said public
11 entities' drainage system.
12 10. At all times herein mentioned, Cross-Defendants ALLEN
13 CRISTOFANI and ROES 6 TO 10, inclusive, owned the real property
14 on Oak Knoll Loop immediately east of and contiguous to THE
15 WONG PROPERTY (hereinafter referred to as "THE CRISTOFANI
16 PROPERTY") . THE CRISTOFANI PROPERTY is uphill to THE WONG
17 PROPERTY. Cross-Defendants CRISTOFANI and ROES 6 TO 10,
18 inclusive, have designed a drainage system so that water that
19 flows onto or into, collects on or under, or is deposited upon
20 THE CRISTOFANI PROPERTY is diverted to THE WONG PROPERTY.
21 Furthermore, Cross-Defendants CRISTOFANI and ROES 6 TO 10,
22 inclusive, drain their pool so that the water from the pool is
23 directed onto THE WONG PROPERTY.
24 11. At all times herein mentioned, Cross-Defendants
25 BARBARA BAYLOR, GLEN BAYLOR, and ROES 11 TO 15, inclusive,
26 owned the real property located at 2020 San Miguel Drive,
27 Walnut Creek, California (hereinafter referred to as "THE
23
5 -
1 BAYLOR PROPERTY") , which property is immediately south and
2 contiguous to THE WONG PROPERTY. THE BAYLOR PROPERTY is uphill
3 to THE WONG PROPERTY and water flows from THE BAYLOR PROPERTY
4 to THE WONG PROPERTY.
5 12 . If Plaintiffs suffered injuries and/or damages, it
6 was a direct result of the negligence of Cross-Defendants, and
7 each of them.
8 13 . In the event that Cross-Complainants herein are held
9 liable to the Plaintiffs in the principal action, such
10 liability arises only by reason of the active and primary
11 negligence of Cross-Defendants, and each of them, and through
12 no fault of these Cross-Complainants, whose fault, if any, is
13 secondary and passive only.
14 14 . By reason of these allegations, Cross-Complainants
15 are entitled to total and partial indemnity and equitable
16 contribution from said Cross-Defendants, and each of them.
17 15. Cross-Complainants have incurred expenses in the form
18 of attorneys' fees, court costs, and other litigation expenses
19 to defend Plaintiffs' Complaint; by reason of the premises,
20 Cross-Complainants are further entitled to recover from Cross-
21 Defendants, and each of. them, such. reasonable attorneys' fees,
22 court costs, and other litigation expenses necessarily incurred
23 in the principal action; the amount of said expenses is unknown
24 at this time, and Cross-Complainants pray leave to amend this
25 Cross-Complaint when the same have been ascertained.
26
27
28
6 -
1 16. Prior to the filing of this action, Cross-
2 Complainants gave notice pursuant to Government Code § 900
3 et seq. to the public entity Cross-Defendants, and which claim
4 was denied by such Cross-Defendants.
5 WHEREFORE, Cross-Complainants pray for Judgment against
6 Cross-Defendants, and each of them, as hereinafter set forth.
7 Second Cause of Action
8 Cross-Complainants LAM LING WONG and LINDA WONG complain
9 of Cross-Defendants, and each of them, and allege:
10 17 . Cross-Complainants incorporate by reference each and
11 every allegation of the First Cause of Action as though fully
12 set forth herein.
13 18 . Plaintiffs' damages, if any, were caused by the
14 negligence and carelessness of Cross-Defendants, and each of
15 them, and as such, under the rules of comparative negligence,
16 Cross-Complainants are entitled to total and partial indemnity
17 and equitable contribution for the amount of negligence
18 attributable to Cross-Defendants, and each of them.
19 WHEREFORE, Cross-Complainants pray for Judgment against
20 Cross-Defendants, and each of them, as follows:
21 1. That Cross-Complainants recover from Cross-
22 Defendants, and each of them, for expenses incurred
23 in the defense of this litigation, including but not
24 limited to reasonable attorneys' fees and court
25 costs;
26
27
28
- 7 -
1 2 . That if liable on the Complaint of Plaintiffs, Cross-
2 Complainants .have judgment against Cross-Defendants,
3 and each of them;
4 3 . That if liable on Plaintiffs' Complaint, Cross-
5 Complainants have equitable contribution from Cross-
6 Defendants, and each of them, in proportion to the
7 amount of negligence attributable to said Cross-
8 Defendants, and each of them;
9 4 . For costs of suit incurred herein; and
10 5. For such other and further relief as the Court may
11 deem just and proper.
12
13
14 Dated: September 6, 1988 .
LEONARD P. MASTROMONACO
15 Attorney for Defendants and
Cross-Complainants, LAM LING WONG
16 and LINDA WONG
17
18
19
20
21
22
23
24
25
26
27
28
- 8 -
1 PROOF OF SERVICE BY MAIL
2
3 I, JANET R. MURPHY, declare that I am employed in the
4 City and County of San Francisco, California. I am over the
5 age of eighteen (18) years and am not a party to the within
6 cause. My business address is 601 Montgomery Street,
Suite 1900, San Francisco, California 94111.
7
8 On September 7 , 1988, I caused the within:
Amended Cross-Complaint for Indemnity and for Equitable
9 Contribution
10 to be served on the party to the within cause by placing
11 a true copy thereof, enclosed in a sealed envelope with
12 postage thereon fully prepaid, in the United States mail at
13 San Francisco, California, addressed as follows:
14 See attached list.
15 I declare under penalty of perjury that the foregoing is
16 true and correct. This declaration was executed on
17 September 7, 1988 in San Francisco, California.
1s
19
/7�
20YJN4 �ETR. PHY
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1 Proof of Service By Mail
2 Page 2
3 Michael D. Blevins, Esq.
Grant & Sternberg
4 3478 Buskirk Ave. , Suite 220
Pleasant Hill, CA 94523
5
Glenn A. Jennings, Jr. , Esq.
6 Law Offices of James D. Biernat
393 Vintage Park Drive, Suite 250
7 Foster City, CA 94404
8 Ellwood Hoskins, Esq.
1856 Colfax, Suite 7
9 Concord, CA 94520
10 Timothy J. Ryan, Esq.
Gordon, DeFraga, Watrous & Pezzaglia
11 611 Las Juntas Street
Post Office Box 630
12 Martinez, CA 94553
13 Terri Kahn, Esq.
Van De Poel, Strickland & Haapala
14 1999 Harrison, Suite 1100
Oakland, CA 94612-3508
15
Linda Seifert, Esq.
16 McNamara, Houston, Dodge, McClure & Ney
1211 Newell Avenue, Suite 202
17 Post Office Box 5288
Walnut Creek, CA 94596
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1 JD27. 13 SUMMONS ISSUED
MICHAEL D. BLEVINS, ESQ.
2 ROBERT L. GRANT, ESQ.
LAW OFFICES OF GRANT & STERNBERG
g 3478 Buskirk Avenue, Suite 220
Pleasant Hill , CA 94523 �!
4 Telephone: (415 ) 946-1400
APR - 9 1987
5 Attorneys for Plaintiffs
J.R. I N, County Clerk
C it S C LINTY
By
ty
7
8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF CONTRA COSTA
10
11 ARNOLD ERICKSON and MAXINE No. 2994511-
ERICKSON,
12 COMPLAINT FOR DAMAGES,
Plaintiffs, NUISANCE, AND PRELIMINARY
13 AND PERMANENT INJUNCTION
v.
14
LAM LING WONG, LINDA WONG,
15 and DOES 1 through 10, - - --
inclusive,
16 -_
Defendants. :,_BJP' ^_...
17
18 COME NOW Plaintiffs ARNOLD ERICKSON and MAXINE ERICKSON and
19 complain against Defendants, and each of them, as follows:
20 INTRODUCTORY ALLEGATIONS
21 1. At all times herein mentioned, Plaintiffs were, and
22 are, individuals and residents of Contra Costa County, California
23 and are the owners in fee of that certain parcel of real
24 property and single-family residence developed thereon, located
25 at 213 Oak Knoll Loop, Walnut Creek , California (hereafter
26 referred to as the "Erickson property" ) .
27 2. Plaintiffs are informed and believe and thereon allege
28 that Defendants LAM LING WONG and LINDA WONG are the owners in
-1-
1 fee of that certain parcel of real property and residence
2 developed thereon, located at 229 Oak Knoll Loop, Walnut Creek ,
3 California (hereafter referred to as the "Wong property" ) , which
4 property is contiguous to that of Plaintiffs ' immediate upslope
5 neighbors , and adjoins said neighbors ' undeveloped property
6 property at its southern border. (Said undeveloped lot between
7 the Wong and Erickson properties shall hereafter be referred to
8 as the "neighbors ' parcel" . )
9 3. Plaintiffs are informed and believe and thereon allege
10 that each of the Defendants designated herein, including those
11 designated as DOES 1 through 10 , inclusive , are negligently,
12 legally, statutorily, vicariously, or otherwise responsible in
13 some manner for the events and happenings herein referred to, and
14 caused or is responsible for damages suffered by Plaintiffs , and
15.1Plaintiffs will ask leave of Court to amend this Complaint to
16 show their true names and capacities , as well as to state
17 appropriate charging allegations, when the same have been
18 ascertained.
19 4. Plaintiffs are informed and believe and based thereon
20 allege that at all times herein mentioned , Defendants DOES., l
21 through 10, inclusive, were the agents and employees of
22 Defendants , ,and each of them, and in doing the things herein
23 alleged were acting within the course and scope of such agency
24 and employment and with the knowledge , permission, consent ,
25 ratification, and approval of their Co-Defendants.
26 FIRST CAUSE OF ACTION
27 (Damages and Preliminary and Permanent Injunction for Nuisance)
28 1. Plaintiffs reallege and incorporate as though set forth
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1 in full all the allegations contained in their Preliminary
2 Allegations.
3 2. Plaintiffs ' real property and the real property of
4 Defendants are separated from each other at Plaintiffs ' northern
S and Defendants ' southern boundaries by the undeveloped neighbors '
6 parcel. §
7 3. At all times herein mentioned, Defendants , and their
8 agents and/or servants , have maintained certain improvements upon
9 their real property, which improvements have changed the natural
10 contour and drainage of their said property so as to cause
11 excessive amounts of surface irrigation and other drainage waters
12 to be diverted, by the means of a negliglently and improperly
13 constructed and maintained channel and/or culvert, into, upon,
14 and through the neighbors ' parcel and thence upon the Erickson
15 property.
16 4. The aforementioned use and maintenance of the property
17 of Defendants , and in particular, the negligent construction
18 and/or maintenance of the culvert thereon emptying irrigation,
19 storm, and run-off waters onto Plaintiffs' real property
20 constitutes a nuisance within the meaning of §3479 of . the Civil
21 Code in that it is injurious to Plaintiffs ' health and interferes
22 with the comfortable enjoyment of Plaintiffs ' property.
23 5. As a direct and proximate result of the collection of
24 storm and run-off waters upon the Defendants ' property and the
25 diversion of said waters into and upon the land of Plaintiffs ,
26 Plaintiffs' property has been injured in that waters have been
27 caused to collect upon Plaintiffs' real property, which waters
28 have saturated Plaintiffs ' soil , thereby causing the loss of
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1 mature trees and foliage, the disallowance of Plaintiff ' s
2 vegetable gardening, the inability of Plaintiffs to comply with
3 City and County weed abatement requirements , and the differential
4 subsidence and movement of said soil, thereby causing, in turn,
5 great damage to the dwelling house thereon, and Plaintiffs have
6 suffered great emotional and mental. distress and anxiety, and
7 have lost the full use and enjoyment of their property.
8 6. On or about June 11, 1986 Plaintiffs gave notice to
9 Defendants , and each of them, of the damages caused by the
10 nuisance, and, in particular, complained of the water diversion
11 and culvert maintained upon their premises and requested its
12 abatement, but Defendants, and each of them, have refused, and
13 continue to refuse, to abate said nuisance.
14 7. Defendants, and each of them, have threatened to, and
15 will , unless restrained by this Court, continue to allow
16 irrigation and storm waters and run-off water to be collected and
17 concentrated in said culvert, and to allow the release of said
18 unnatural water flow onto the neighbors ' parcel and thence ,
19 necessarily, onto the property of Plaintiffs herein, which
20 maintenance of nuisance has been, and will be , without the
21 consent , against the will , and in violation of the rights of
Plaintiffs.
22
8. As a proximate result of the nuisance maintained by the
23
Defendants upon their property, Plaintiffs have been, and will
24
25 be, damaged in an amount in excess of the jurisdictional amount
26 of this Court, which amount will be necessary to repair and
27 replace the trees -and foliage heretofor lost, repair the soil
Y '.
damage , and to remedy the structural damages to Plaintiffs '
28
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1 dwelling house itself, which house has been caused to subside and
2 slide upon its foundation. As a further proximate result of the
3 nuisance, the value of Plaintiffs' property has been diminished
4 in an amount no less than $ 50 , 000 . Unless the nuisance is
5 abated, Plaintiffs ' property will be progressively further
6 diminished in value.
7 9. As a further proximate result of the nuisance
g maintained by Defendants, and each of them, Plaintiffs have been
9 hurt and injured in their health, strength , and activities ,
10 sustaining injury to their nervous systems and person, all of
11 which injuries have caused, and will continue to cause Plaintiffs
lZ great mental, physical, and nervous pain and suffering. As a
13 result of such injuries, Plaintiffs have suffered general damages
14 in an amount according to proof.
15 10. Unless Defendants , and each of them, are restrained by
16 Order of this Court , it will be necessary for Plaintiffs to
17 commence many successive actions against Defendants, and each of
18 them, to secure compensation for damages sustained, thus
19 requiring a multiplicity of suits, and Plaintiffs will be daily
20 threatened with the collapse and falling of the mature trees upon
21 their property, citations for failure to comply with weed
22 abatement requirements, and the continuing and escalating damage
23 from the settlement of their dwelling home.
24 11. Unless Defendants, and each of them, are enjoined from
25 collecting and unnaturally concentrating irrigation and storm
26 waters within a culvert upon their property and thereafter
y allowing said waters to drain upon the undeveloped neighbors'
28 parcel, and necessarily thereafter on Plaintiffs' real property,
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1 Plaintiffs will suffer irreparable injury in that the usefulness
2 and economic value of Plaintiffs ' property will be substantially
3 diminished and Plaintiffs will be deprived of the comfortable
4 enjoyment of their property.
5 12. Plaintiffs have no plain, speedy, or adequate . remedy at
6 law and injunctive relief is expressly authorized by 5§i526 and
7 731 of the Code of Civil Procedure.
8 13. In maintaining the nuisance, Defendants, and each of
9 them, are acting with full knowledge of the consequences and
10 damages being caused to Plaintiffs and their conduct is willful,
11 oppressive, and malicious; accordingly, Plaintiffs are entitled
12 to punitive damages against Defendants, and each of them, in the
13 sum of $1 , 000,000.
14 WHEREFORE, Plaintiffs pray for judgment against Defendants,
15 and each of them, for damages and injunctive relief as follows:
16 ON THEIR FIRST CAUSE OF ACTION:
17 1. For general damages in an amount according to proof;
18 2. For special damages in an amount according to proof ;
19 -3. For punitive damages in the amount of $1 , 000,000;
20 4. For a preliminary and permanent injunction and Court
21 Order enjoining said Defendants from collecting irrigation and
22 storm run-off waters within the canal and/or culvert upon their
23 property and thereafter depositing said water onto the neighbors '
24 parcel, and thence onto the Erickson property, until or unless
25 said Defendants divert, or cause to be `diverted, said waters such
26 that waters collected in said culvert will not, nor cannot, be
27 ultimately discharged onto the real property of the Plaintiffs
28 herein;
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s
1 5. For attorney' s fees ; and
2 6 . For such other and further relief as the Court deems
3 proper.
4
5 Dated: April 9 , 1987
I AEL D'. BLEVINS
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CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT January 24, 1989
and Board Action. All Section references are to } The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $50. 00 Section 913 and 915.4. Please note ally' WR- sgounsel
CLAIMANT: PATTY KING y L C 3:d 1988
1213 Honeytrail
ATTORNEY: Walnut Creek, CA 94596 Mgrtinez, CA 94553
Date received
ADDRESS: BY DELIVERY TO CLERK ON December 28 , 1988
BY MAIL POSTMARKED: December 23 , 1988 '
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: December 29 , 1988 PpHHIL ggeputyLOR, Clerk
BY: D
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(f/ ) 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
( gel This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
JAN 2 4 1999 Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: JAN 2 6 1989 BY: PHIL BATCHELOR by �ty Clerk
CC: County Counsel County Administrator
j
'! Clam to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
` INSTRUCTIONS TO CLAIMANT
A. Claims relating to causes of action for death or for injury toperson 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
or-.to personal property or growing crops and which accrue on _or after Januar.q 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.)
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.
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 the end of this
form.
RE: Claim By ) Reserved for le ' '1'
Wti'l P
(` RECEIVES
Against .,the County-of Contra Costa ) DEG Z C 1988
. . .or
M,ift BATCHELOR
District) CLERK EOARD OF SUPERVISORS
0 CO'dT A C STA CO. De u
Fill in name
The undersigned claimant hereby makes claim against the County of Contra Costa or
the above-named District in the.sum of $ " S2,/7Z2 and in support of
this claim represents as follows:
-------------------------------------------------------------------------------------
1. When did 'the damage or irijury-.occur? (Give exact date-and hour)-
--- 7 : 00-
our)----700p- =----------------------------------------------
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 paper if
required) WAS HAT2
dFr%1W,F_,PA 6_ Woe-VLWnCW CMAVE�of&N (wove- lUAS F3rdl�6 DC1t�l1Nir�D ,L��
POWW J AkP2 P2ovl SLVW I% IV C�c`fF-1- i�D l,A]vF � V�Atk0r- V �I6u Drrill�iVVS
�� C �r;i� `V 01 P CAM F, MY Lr_-,P7'M V11v(- K AS j� p�
4. What particular act or omission on the part of county or district officers,��'���`
servants or employees cause"d the injury or damage?
Lol�Vt=t-
�16N &em p& pE-01G WOWC� ,721AVA&C ole
0AVA-zlED VVAPS,— UPE-CA aU-->( COV A tVAD ►WP 10 C-0 -ra1F_A'Vr_
gkVA &Oje oV;r-Z 7H)Af PWP l7 I-- HATS P A, 5,1 W EXE 1 ovetNc.PAP
► Z 14A�n Nvor r2nsvE-0 Pk) A L009t. WV tS
'
AIt�Q-1O - AUTO CLAIM MASTER SUFFIX INFO 4666
I D: KING,PATRICIA,J CLM-NO: 01-K14338-0 DOL: 06-27-88
SNX CLMT KOL DO REP CB-RESV STAT
01 INSURED GLA CON 17027 650.00 CLSD
STR: 1213 HONEY TRAIL CITY: WALNUT CREEK ST: CA ZIP: 945960000
SUBRO ARB SALV MP-TRST LIT X-INSD-POL-NO L-P *WELLS FARGO BANK
/ PO BOX 2167
L-ACTY-DT: 08-10-88 SO SAN FRANCISCO CA 9408O
CUM-PMNTS: 84.04 COV: 50
NO PAYEE DO REP FOR DRFT-NO DRFT-AMT ISS-DT DTC BK
01 *SAFELITE AUTO GLASS CON 17027 17027 L5101047R 84.04 07-26-88 F B
'
20 01=INQ-MENU 05=CLM-MSTR 10=SFX-INFO 20=RECOVERY SFX: 01 / 01
NEXT-ID: NEXT-DOL:
- '-
' -
_ INVOICE
PLEASANT ?Iii�La ��'a�a� JC �?�� �?ra'�2
SafeliteAutoula
❑ WALK IN INSURANCEP J,OASCQM
;e
t DATES
❑ FLEET ❑ DEALER/BODY SHOP .Y =ORA #
SOLD TO: (INSURED) VEHICLE DESCRIPTION
ACCOUNT MAKE MODEL
NAME t YEAR a'?' i ODMTR RDG
r 1 MOBILE ❑
ADDRESS LICENSE # TAX EXCEPTION
CITY
ZIP CODE SERIAL �'` '' -: ! .f '
COUNTY
P. O. or '
TELE. �, '^ J ! REF# STATE
r:- ...
QTY. PART NO. DESCRIPTION LIST SALES CODE AMOUNT
ILL)
COMMENT 4
PLEASE RE :y"w `,RCQA!)VAY _^ _ iA; — r.h�t� v tai j=�i7{N l t� Jrs�a s
-- ------------- -------------------- ----- �"" -------------- 94611' _ —
INSURANCE COMPANY INFORMATION BELOW THIS LINE
INSURANCE CO. AGENT
ACCOUNT ## ACCOUNT##
NAME o NAME
ADDRESS ADDRESS
fire, :r" •. .�d. 1`
TELE. _ TELE. ~
AUTHORIZED DEDUCTIBLE MAIL TO:
POLICY BY: AMOUNT AGENT❑ INS. ❑
DATE OF r, CAUSE OF POLICY LOSS
LOSS /" LOSS !� ?",r j�_ TERM LOC.
DEDUCTIBLE
DATE 411 3 193380
° r DESCRIPTION OF!PAYMENT CODE AMOUNT
Replacement has'been madeho my satisfaction-and I hereby atathorize theabove insurance company to pay direct in full
to the above listed firm for said installation. r
If for any reason the insurance company does not pay for�ttYese repairs,or replacements, the below signed agrees to pay for
said repairs or replacement. ,.%
DATE r' l f SIGNATURE `
1 REMITTANCE COPY
od
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Cl�i4 Against the Count.y,•or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT January 24, 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: $525 . 00 Section 913 and 915.4. ! -Please note all "W ce6aph t"ounsc�l
CLAIMANT:STEVEN A. YOUNG DEC `J 1j 1988
P . O. Bow 973
ATTORNEY:Martinez, CA 94553 MArttinez, QA 94553
Date received
ADDRESS: BY DELIVERY TO CLERK ON December 27 , 1988 hand del .
BY MAIL POSTMARKED: no envelope
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: December 2Q 1 9 8 8 PPHHIL BATCHELOR, Clerk
, , BY: Deputy
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(
V) This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
1_1"WDated: 1 3 L g� BY: Duty 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
( his Claim is rejected in full.
( } Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: JAN 2 4 1989 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
++nit?,+ 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 claimantasshown above.
0eted: JAN 2 6 1989 BY: PHIL BATCHELOR by �Qety 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 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
or to personal propertyor growing crops and which accrue on or after January 1,
•1988, must be presented mot 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.)
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•
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 the end of this
form.
RE: Claim By ) Reserved f Clerk's f p
Steven A. Young j R C E V E 0
/V 3S a, »•.
Against the County of Contra Costa ) 1,!7 r
L:,_C 2 1 19 8,
PHIL BATr';;MELOR
District) CLeRKBOAROOF PERVISC-13
Fill in name ) C NTFA C r co,.
By Deputy.
The undersigned claimant hereby makes claim against the County of Contra Costa or
the above-named District in the sum of $ 525.00 and'in support of
th' — ------- G-_�_i___ Contra Costa B1 vd__ Pleasant Hi 11 _ Calif. ____________
- ------------- -------------- ---- _
1. When did the damage or injury occur? (Give exact date and hour) '
Possibly 3-14-88 to 3-26-88. Crime report was made to Martinez Police on 6-1-88
Case steS.8et2 8rrstlIrd�un dth�nsk �t fiad2been stoelenaan p scoouldno� t 'nyd ��ie were #
2. Where did the damage or injury occur? (Include city and county)
Contra Costa County Sheriff-Coroner's Office, 1019 Center Ave. , Martinez, Calif.
See Martinez=PAliceit`Report`,#" 88=2382' and 'She riffAs' Offfce*-4nte- AaI Affairs.
----------------------------------------------------------- I-------------------------
3. How did the damage or injury occur? (Give full details; use extra paper if
required) The original report made to Martinez Police on 6-1-88 was for missing
weapons from the Coroner's Office. The Sheriff-Coroner's Internal Affairs also
made an investigation. Theft possibl.yswas committed by the janitors. The theft of..
my :weapon wasn't determined by me until July when I couldn't find the weapon at home.
-- I �1.��19h .�ht�l�LICLL�R1s i:SL 1- LL sed a I su U]her J a-,, I nratpd
4. What What particular act or omission on the part of county or district officers,
servants or employees caused the injury or damage?
The Coroner's Office is a secured facility that is always locked. The only persons
authorized are the employees and the county's janitorial service. On other occassions
there are monies and weapons left out waiting to be inventoried and locked up. The
weapons were taken from locked lockers that used county #3252 locks that the janitors
had access to. Since then we use different locks. (over)
CLAIM
A BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT January 24, 1989
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: $20 , 000 . 00 Section 913 and 915.4. Please note all "trrnings".COUnSel
CLAIMANT: IRI7GARD LOUISE TEMPLE (louriii
c/o Alvino Miranda JAN 0 6 1989
ATTORNEY: Attorney at Law
P .O. Box 512 Date received Martinez, CA 94553
ADDRESS: Fort Bragg, CA 95437 BY DELIVERY TO CLERK ON December 29 , 1988 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.
PpHHIL BATCHELOR, Clerk
DATED: January-,6 , 1989 BY: Deputy
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(� This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: BY: Uk�All, 4Deputy 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 O DER: 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. nQ
Dated: JAN 2 4 1989 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
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.
JAN 2 6 1989
Dated: BY: PHIL BATCHELOR by puty Clerk
CC: County Counsel County Administrator
CLAIM AGAINST THE COUNTY OF CONTRA COSTA
(Pursuant to Section 910 et seq. , Govt. Code
TO: BOARD OF SUPERVISORS, COUNTY OF CONTRA C TAI "�
Clerk of the Board
ATTENTION: T r �o o •
k3A p
F .
1. Claimant 's Name Irmaard Louise Temple
2 . Claimant's Address 2341 Cypress Avenue - Richmond, California
Claimant's Phone No. (415) 372-3328
2 . Post Office address to which Notices are to be sent:
Alvino Miranda,. Attorney at Law, POB 512, Fort Bragg, CA 95437
3 . Occurrence: Violation of the United States Constitution, Fourth
Amendment. Illegal. search and seizure, violation of the Warrant
requirement, excessiveforce resulting in physical injury to plaintiff,
a woman.
Date September 30,' 1988 Place:: Contra Costa County, Calif.
Circumstances of Occurrence or Transaction giving rise to Claim:
On or about September 30, 1988 I was awakened by a racket -
neighbors moving and talking and dogs barking. This was approximately
5: 10 a.m. Soon after I got up and dressed and walked to the front
door. I checkedmy watch.. It was 5: 30 a.m. I opened the door and
stood there looking to see what was occurring. A man was standing
across the street, after a short while another man came
walking down the street. The two men met and talked. The situation
was curious so I watched them awhile, then I went back to bed.
After a little while the dogs began barking. I dressed again
and returned to the front door. A few minutes later I saw an officer
move through the yard next door. My watch said 5: 45 a.m. I was
holding my screen door and three officers asked me about my grandson.
1
1 J♦
• I gave them his statistics.
The officer alleged my grandson had done something wrong.
I told the officers that I had not seen my grandson and that he was
not in my house. The officer said he was going to search my house.
I refused to let them enter. The officer did not have a warrant,
no one had seen my grandson enter my home, exigent circumstances
did not exist. In violation of clearly established law, the officer
unreasonably and without probable cause yanked my screen door open,
pulling it from my hand. Then the officer grabbed my wrists and
twisted them very hard causing me much pain until I cried out.
Next, the officer still holding my wrists, shoved me against
the wall with such force that my back was injured. My left arm
and wrist are now in pain, and I suffered a large bruise on my left
wrist. My left hand is numb, and I cannot grip things very well
anymore. My right arm and wrist have also been injured.
An officer stated that he was a sergeant and that he had
the right to order entry into my home without a search warrant,
without exigent circumstances for an alleged misdemeanor with which
I had nothing to do and which the officer did not observe. As a
matter of law, a warrant is required to enter a third party's home.
4. General description of indebtedness, Obligation, Injury, Damage
or Loss Incurred so far as is now known: Injury to left and right
hands, wrists, forearm, elbow, upper arm,.. shoulder and back, and the
infliction of .emotional distress.
5 . Name or Names of Public Employee or Employees causing Injury,
Damage or Loss, if known: Names of Sheriffs, Does 1-10, .appearing
on Sheriff's- report number 88-24735, listed under the address 2340
Cypress Avenue.
2
•
6. Amount claimed now . . . . . . . . . . . . . . . . . . $ 20,000 .00
Estimated amount of future loss, if known . . . . . . $ Ongoing,.
TOTALa . . o . . o . . . . . . . . . . . . . . . $ As proven
7 . Basis of above computations Wilful violation of constitutional
rights, infliction of emotional stress, physical injury.
CMAIMaITIS SIGNATURE
3