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HomeMy WebLinkAboutMINUTES - 02261991 - 1.29 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 FEBRUARY 26 , 1 991 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: Unknown Section 913 and 915.4. Please note all "Warnings'RKEIbED CLAIMANT: BOYLE , Charles STEWART, Lorraine �A� N I��.� ATTORNEY: COUNTY COUNSEL David B . Lynch Date received MARTINEZ, CALIF. ADDRESS: Low, Ball F, Lynch 601 California St . , 21st Flr. BY DELIVERY TO CLERK ON January 22 , 1991 San Francisco , CA 94108- 2898 BY MAIL POSTMARKED: January 21, 1991 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. January 23 , 1991 PPHHIL BATCHELOR, Clerk DATED: 8Y: Deputy ISI. FROM: County Counsel TO: Clerk of the Board of Supervisors N ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) other: Dated: I �2`t '9� BY: � • J� 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: FEB 2 6 199 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sec 13) 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: FEB 2 8 1991 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator LOW, BALL & LYNCH ATTORNEYS AT LAW A PROFESSIONAL CORPORATION 601 CALIFORNIA STREET, SAN FRANCISCO, CALIFORNIA 94108-2898 TELEPHONE (415) 981-6630 • FACSIMILE (415) 982-1634 January 21, 1991 RECEIVE® Board of Supervisors Clerk JAN 2 2 1991 Contra Costa County Board of Supervisors 651 Pine Street CLERK BOARD OFSUPERVI Martinez, California 94553 CONTRA COSTA CO Re: Mandell v. Beachcraft, Inc. , et al. Santa Clara Superior Case Number 702785 Claim against the County of Contra Costa Dear Clerk: Enclosed please find: XXX Papers for filing with the Board: TORT CLAIM Other: Please Have the Judge sign the enclosed: XXX File the same and return 1 endorsed-filed copies to us in the enclosed return envelope. Other. Thank you for your cooperation. Very truly yours, LOW, BALL & LYNCH Zava M. Peralta Secretary :dmp enclosures PENINSULA OFFICE • 255 SHORELINE DRIVE, REDWOOD CITY CALIFORNIA 9406S-1404 •TELEPHONE (415) 591-8822 FAX (415) 591-8884 WALNUT CREEK OFFICE •2121 N. CALIFORNIA BLVD.,WALNUT CREEK CALIFORNIA 94595-3539 •TELEPHONE(415)935-5050 FAX(415)943-1164 • k RECEIVED JAN 2 2 1991 TORT CLAIM CLERKSOAROOF PERVIS RS CONTR C U CO. Before the Board of Supervisors of the County of Contra Costa, in the matter of the claim of Lorraine Stewart and Charles Boyle against the County of Contra Costa. The claimants herein, Charles Boyle and Lorraine Stewart, make a claim against the County of Contra Costa for equitable indemnity and contribution in connection with the lawsuit entitled Steven Mandell v. Beachcraft, Inc. , Charles Boyle, Lorraine' Stewart, et al. , Contra Costa County Superior Court Action No. C90-04690. In support of the claim, claimants represent as follows: NAME AND ADDRESS OF CLAIMANTS: Mr. Charles Boyle and Ms. Lorraine Stewart, 55 Heritage Village Lane, Campbell, California 95008. POST OFFICE ADDRESS TO WHICH PERSON REPRESENTING THE CLAIMANTS DESIRES NOTICE TO BE SENT: David B. Lynch, Low, Ball & Lynch, 601 California Street, 21st Floor, San Francisco, California 94108-2898; telephone: (415) 981-6630. DATE, PLACE AND OTHER CIRCUMSTANCES OF THE OCCURRENCE GIVING RISE TO THE CLAIMS ASSERTED This is a claim for equitable indemnity and contribution arising out of the service of a complaint for personal injuries resulting from a water skiing accident involving a water skier who was injured by a motor boat propeller which occurred on August 5, 1989 in Contra Costa County on the waterway known as Taylor Slough 1 0 one-half mile north of Leisure Landing. A copy of the first amended complaint is attached hereto as Exhibit A. Service of the original complaint was made on or about July 25, 1990. GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIGATION INJURIES, DAMAGES, OR LOSS INCURRED SO FAR AS MAY BE KNOWN AT THE TIME OF PRESENTATION OF THIS CLAIM: Plaintiff is claiming personal injury damages pursuant to causes of action for strict liability, breach of warranty, negligence, negligent entrustment, and dangerous condition of public property. If responsibility is imposed against defendants and cross-complainants herein, they are entitled to equitable indemnity and contribution from all responsible parties including the County of Contra Costa which owned, maintained, and/or controlled a region of the Delta known as Taylor Slough. Addition- ally, the County of Contra Costa and/or its affiliate agencies induced plaintiff to water ski in a dangerous and/or perilous region of the Contra Costa County Delta known as Taylor Slough. The basis on which the claim is based is more fully described in the first amended complaint beginning on page 17, line 3 , which is attached hereto as Exhibit A. DESCRIPTION OF PARTICULAR ACTS OR OMISSIONS ON THE PART OF STATE OFFICERS, SERVANTS, OR EMPLOYEES THAT CAUSED THE INJURIES OR DAMAGES: The assertions set forth in plaintiffs' seventh cause of action in the first amended complaint for personal injuries particularly describe facts upon which this claim is based. 2 Paragraph 47 of the first amended complaint asserts that the waterway was a dangerous and defective condition in that the County allowed this waterway to become polluted, even though the County knew this property was congested and extensively used for water skiing and other sports, knew there was a substantial risk of injury due to infection and health hazards and/or disease to using Taylor Slough. Additionally, it was negligent or reckless for the County to promote, publicize and encourage the use of the property for various water sports, even through the County knew Taylor Slough was narrowing and became shallow due to artificial altera- tion and was becoming more heavily polluted due to the depletion of the water supply, such that it created a greater risk of harm than would be normally expected by participants in water skiing activity. DAMAGE AMOUNTS CLAIMED AS OF DATE OF PRESENTATION OF THIS CLAIM: The amount of the claim is presently unknown to claimants. The claim is being made for equitable indemnity and contribution only. Dated: January �� , 1991. LOW, BALL & LYNCH By kLQOO 0 DAVID B. LYNC SUSAN A. HEPP Attorneys for Defendants, Cross-Complainants CHARLES BOYLE and LORRAINE STEWART 3 n 1 FRANK M. PITRE, JOHN L. FITZGERALD 2 COTCHETT & ILLSTON San Francisco Airport: 0ffic6 Center 3 840 Malcolm.Road ,Suitt 200 Burlingame,`;Calilornia:' 94010 4 (415) 697-6000 5 Attorneys for Plaintiff STEVEN MANDELL, . 8 7 g SUPERIOR COURT OF 1HE STATE OF CALIFORNIA g " .COUNTY 07. SANTA CLARA 10 11 STEVEN MANDELL, . _ No. 702785 12 Plein'tiff; FIRST AMENDED COMPLAINT FOR PERSONAL INJURIES 13 vs.. ;, AND DAMAGES BASED ON. 14 B'EACHCRAFT INC*' ". a corpporation, BEACHCRAFT MAR INE ,;CORPORATION; a 1. Strict Liability Is corporation►;'RE,Ii�M!,4EALMCW*T, INC. ; a corporation; WOODLAND 2. Breach of Warranty 18 INDUSTRIES, ,'LTD.,a>acoxppn+ration, doing business Ikq. KAL4USTOM; 3. Negligence 17 OUTBOARD MARINE C4RPORATION, •a 'corpporation, ..CHAttLESt3XI,E, :an 4. Negligent Entrustment 16. individua3; :DENNZS THOMPSON,. A individual;"3d1Rit�1INE S' EWART, an 5. Dangerous Condition 19 individual; :'PAUL :C�tAME y' an ':< of Public Property, irsrii.v4iiiia1It ;,tSTA'Y`A :nF rAr,:TxnUWTA— a 20 ' COUNT.Y._OF "CONTRA ;COSTA'>at�d< DOES l through .230, 0clusiva, 2t -De lesndan ts'. 22 23 1 Plaintiff .STEVEN MANDELL complains of the above-named 24 defendants and heti6by' 'alleges'.as follows.- 26 ollows;28 uw eRsreu d ... EXHIBIT A 477/17/717 b7:17J NUM I P1LHNI) 111M: l.U. Me 1 GENERAL ALLEGATIONS 2 1. Plaintiff STEVEN MANDELL (hereinafter "PLAINTIFF") , 3 is an individual. of 26 years of age who was caused. to suffer 4 severe injuries and economic losses as a result of the combined 5 tortious conduct of each of the defendants named herein. This , g action arose on August 5 ,1989 , when defendants CHARLES BOYLE, 7 LORRAINE STEWART, THE STATE OF CALIFORNIA and THE COUNTY OF CONTRA g COSTA enticed the. PLAINTIFF to waterski in a dangerous and/or 9 perilous region of the` Contra Costa County Delta known as Taylor 10 Slough, which was owned, maintained and/or controlled by 11 defendants STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA and/or 12 their affiliate agencies. In connection with the PLAINTIFF . 13 engaging in such recreational activity, defendants BOYLE, THOMPSON 14 and GRAME supplied a defective and/or dangerously designed and/or 15 manufactured 17 foot Beacheraft power boat incorporating a 16 motor/propeller:assembly which defendant "BEACH CRAFT", "WOODLAND" 17KAL KUSTOM and/or "OUTBOARD MARINE CORPORATION" manufactured , sold 18 and/or distributed without safety guards to house the propeller on 19 the water' eraft. Aa a foreseeable consequence of :the combined 4 20 wrongful conduct of defendants .hereinabove set forth, the exposed . 21 propeller blades on the water craft were caused td strike the 22 PLAINTIFF, when .an inexperienced water craft operator named herein 23 as defendant LORRAINE STEWART negligently manuever.ed the power 24 boat too close to the PLAINTIFF who was in the water. As a 25 proximate result, -the exposed propeller blades slashed into 26 PLAINTIFF' s leg- and hip causing him severe and permanent injuries. IAM OPPICLG by/1 J:Vljo W'J:164 NUN I HLHNI) 1 Nb. W. GGJ 1 2. PLAINTIFF is informed and believes and upon said 2 basis alleges , that defendants BEACHCRAFT, INC. , BEACHCRAFT MARINE 3 CORPORATION and/or REINELL-BEACHCRAFT, (hereinafter jointly 4 referred to as "BEACHCRAFT") are, and at all times herein 5 mentioned were, corporations , associations , partnerships , sole 6 proprietorships and/or other venture enterprises which were 7 transacting business as a manufacturer , designer, distributor , 8 wholesaler , retailer and/or 'seller of "BEACHCRAFT" power boats in A the County of Alameda, State of California. 10 3. PLAINTIFF is informed and believes , and upon said 11 basip ,.alleges that defendant OUTBOARD MARINE CORPORATION 12 (hereinafter. 110Mt") ;is , and at all times herein mentioned was , a 13 -.corporation.,. association, partnership, sole proprietorship and/or 14 other venture enterprise which was transacting business as a 15 manufacturer , designer , distributor , wholesaler , retailer and/or 16 seller of "0MC" inboard/outboard motor and propeller assemblys in 17 the County of Alameda, State of California . 18 4. PLAINTIFF is informed and believes, and thereon 19 alleges , that defendant WOODLAND INDUSTRIES , LTD; and/or WOODLAND 20 INDUSTRIES (hereinafter "WOODLAND") doing business as defendant . 21 KAL KUSTOM, is , and at all times mentioned was , a corporation, ` ' 22 association, partnership, limited partnership, sole proprietorship,, 23 and/or other venture enterprise, which at some time prior to this. . 24 incident, directly and/or. indirectly, through an intermediary or 25 other enterprise,. acquired .all of the assets , rights, title, 26 interest, plant, equipment, fixtures , inventory,' patents , trade uM 01/IC[{ l\M•II NfY�1 fIJM•N N 3 rt - 09/19/90 09:04 NORTHLAND INS. CO. 004 1 name, goodwill and/or customer lists of defendantBEACHCRAFT, 2 INC. , BEACHCRAFT MARINE CORPORATION, and/or REINELL-BEACHCRAFT. 3 PLAINTIFF is further informed and believes , and alleges that since 4 acquiring "BEACHCRAFT" defendant WOODLAND, and/or KAL KUSTOM has 5 continued to manufacture, distribute and/or sell to the general e public the same line of power boats under the "BEACHCRAFT" trade 7 name and possibly other, names , using the same equipment, designs a and/or personnel, and soliciting BEACHCRAFT's customers through 9 the same sales representative with no outward indication of any 10 change in the ownership of the business , and/or without any 11 notification to customers .of the change of ownership. Defendant 12 WOODLAND and/or KAL KUSTOM, at all times relevant herein, was and 13 is transacting business in the State of California , County of 14 Alameda , where it maintains a principal place of business . 15 5. PLAINTIFF .is informed and believes ,. and thereon 16 alleges that at all times herein mentioned, defendants BEACHCRAFT 17 INC. , BEACHCRAFT MARINE CORPORATION, REINELL-BEACHCRAFT, WOODLAND 18 INDUSTRIES and/or KAL KUSTOM were merely continuations of one e. 19 another with the transfers taking place without sufficient 1 20 consideration end/oz where each entity served as -the alter-ego of 21 defendants DOES 1 through. 50, who through their common ownership 22dominated, manipulated and/or controlled the affairs of defendants 23 BEACHCRAFT INC. , . BEACHCRAFT MARINE CORPORATION, 24 REINELL-BEACHCRAFT, WOODLAND INDUSTRIES and/or KAL KUSTOM, such 25 that any distinctions between these defendants ce'ased. to exist. 26 PLAINITFF is further informed and believes that BEACHCRAFT INC. , {ww O.IIC[[ 111T VIMT!k II.IwT..w -4- 09/19/90 09:05 NORTHLAND INS. CO. 005 1 BEACHCRAFT MARINE CORPORATION, REINELL-BEACH CRAFT; WOODLAND 2 INDUSTRIES and/or KAL KUSTOM was organized as a subterfuge , shell 3 and a sham, without sufficient capitalization, such that it would 4 promote injustice to adhere to the fiction of a separate existence 5 of defendants BEACHCRAFT INC. , BEACHCRAFT MARINE CORPORATION, 6 REINELL-BEACHCRA.FT, WOODLAND INDUSTRIES and/or RAL KUSTOM. 7 6. PLAINTIFF is informed and believes , . and upon such g basis alleges, that at all relevant times herein mentioned , g defendant CHARLES BOYLE (hereinafter "BOYLE") , was and is an 10 individual residing in Los Gatos, County of Santa lClara, State of 11 California. 12 7. PLAINTIFF is informed and believes , and upon such 13 basis alleges , that at all relevant times herein mentioned, 14 defendant DENNIS .THOMPSON . (heretnafter "THOMPSON") , was and is an 15 individual residing in Los Gatos, County of Santa Clara, State of 16 California . 17 8. PLAINTIFF is informed and believes , and upon such 18 basis alleges that at all relevant times herein mentioned , 19 defendant PAUL GRAMS (hereinafter "GRAME") , was and is an { 20 individual residing in Cupertino, State of California. 21 9. PLAINTIFF is informed and believes , and upon such 22 basis alleges that at All relevant times herein mentioned, 23 defendant LORRAINE STEW ART (hereinafter "STEWART") , was and is an 24 individual residing in. Los .Gatos, State of . California. 25 10. The true ,names or capacities , whether individual , 28 corporate , associate, or otherwise, of defendant DOES 1 through LAW wI1C[1 , 09/19/90 09:06 NORTHLAND INS. CO. 006 1 250, inclusive, is unknown to PLAINTIFF at this time who, 2 therefore , sues said defendants by such fictitious names , and when 3 the true names and capacities of said defendants have been 4 ascertained, PLAINTIFF will amend his complaint accordingly. 5 PLAINTIFF is informed and believes , and thereupon' alleges , that 8 each such defendant designated herein as a DOE is responsible in 7 some:,agtionable manner , for the events and happenings hereinafter 8 referred to and caused injuries and damages proximately thereby to 9 PLAINTIFF as hereinafter alleged, either through said defendant' s 10 own conduct or through :the conduct of its agents ,: servants or 11 employees , or due to the ownership, bailment, lease or sale of the 12 instrumentality causing the injury or in some other manner . 13 11. At allrelevant times herein mentioned, defendant 14 STATE OF CALIFORNIA through the auspices of the Department of 15 Boating and Waterways , and the Department of the State Water 18 Resources Control. Board (hereinafter all such entities will be 17 collectively referred to as "STATE") , is and was a soverign State 18 of the United States of America. 19 12. At all relevant times herein mentioned, defendant , 20 COUNTY OF CONTRA COSTA (hereinafter "COUNTY") , is. and was a 21 political subdivision of the STATE OF CALIFORNIA.: 22 13. Prior to .the filing of this Complaint, and on 23 January 180 1990, PLAINTIFF duly presented to defendant STATE a 24 claim for the damages sought herein. The claim was presented to 25 the State Board of Control of the State of California, the State 26 Water Resources Control Board, Region 1 and Region 2, and the 09/19/90 09:07 NORTHLAND INS. CO. ser 1 Department of Boating and Waterways , who denied said claims by 2 operation of law on March 4,, 1990. 3 14. Prior to the filing of this Complaint, and on 4 January 19, 1990, PLAINTIFF duly presented to defendant COUNTY a 5 claim for the damages sought herein. The Board of Supervisors of e said COUNTY denied said claim on February 270 1990. 7 15. PLAINTIFF is informed and believes , and thereupon 8 alleges, that at all times mentioned herein, defendants , and each 9 of them, were the agents, servants , employees and/or joint 10 venturers of their co-defendants and were, as such, acting within 11 the scope, course �and .authority of said agency , employment and/or 12 joint venture , in that .each and every defendant, as aforesaid , • 13 when acting as A principal, was .responsible for the selection and 14 - hiring of each and every.,other. defendant as an agent , servant, 15 employee and/or joint venturer . 18 FIRST CAUSE OF ACTION. 17 (strict Product a i ty) 18 As And For A .First Cause of Action For Injuries against Defendants BEACHCRAFT, WOODLAND, RAL KUSTOM and OMC, PLAINTIFF 19 Alleges As Follows: 20 16 . PLAINTIFF hereby realleges and incorporates by this 21 reference, each and every allegation contained hereinabove 22 pursuant to paragraphs l through 5 , 10 and 15, aspthough fully set 23 24 forth in detail herein. 25 . 17. PLAINTIFF is informed and believes, and thereon _ 26 alleges that at all times mentioned herein, defendants BEACHCRAFT, ur wrwu (timurr'k uaam� —7— . 09/19/90 09:07 NORTHLAND INS. CO. 008 T' tw . :. ., 1WOODLAND, M KUSTOM and/or OMC, manufactured, designed, leased , 2 distributed, advertised, marketed , warranted , inspected, 3 assembled , repaired, offered for sale and sold a 17 foot 1983 4 BEACHCR.AFT power boat bearing Serial I.D. No. BCC1709B1784A 5 together with a 170 horsepower inboard/outboard motor propeller g assembly manufactured, designed, leased, distributed, advertised , 7 marketed, warranted, inspected, assembled, repaired , offered for e sale and/or sold by OMC bearing I.D. No. 76 76 46 (hereinafter 9 'said product") and each and every component part thereof, which 10 contained design and/or manufacturing defects which posed a 11 serious risk of danger and/or injury in that the same was capable 12 of causing , and did in fact cause personal injuries to the user , • 13 consumer or bystander thereof while being used in .a reasonably 14 foreseeable manner ,. thezeby rendering same unsafe and/or dangerous 16 for use by the consumer , user or bystander , as the said product 16 failed to incorporate'a safety guard to surround the propeller , 17 thereby leaving the propeller blades exposed and creating a 18 substantial risk of serious injury to persons who might be in the 19 vicinity of the said product in conjunction with its forseeable 20 recreational uses . 21 18. As 'a' direct -and proximate result of the conduct of 22 the defendants BEACHMAFT, WOODLAND, KAL KUSTOM and/or OMC in 23 designing, manufacturing, leasing, distributing, advertising, 24 marketing, warranting , inspecting, repairing, assembling , offering 25 for sale and selling said product, and each and every bomponent 26 partIthereof as a recreational watercraft, which contained design uw err1au •.rn V.Y.r'�I.arnw �p� . 09/19/90 09:08 NORTHLAND INS. CO. 009 1 and/or manufacturing defects when it left their possession , as 2 aforesaid, PLAINTIFF was caused to suffer injuries and damages as 3 hereinafter .set forth. 4 19. As a direct and proximate result of the conduct of 5 defendants hereinabove set forth, and each of them, and the 6 resulting contact between PLAINTIFF and the exposed propeller 7 blades, PLAINTIFF was injured in his health, strength and 8 activity, sustaining injury to his body and nervous system, all of 9 which injuries have caused him great mental, physical and nervous 10 pain and suffering. "PLAINTIFF is informed and believes , and 11 thereon alleges that said injuries will result in permanent damage 12 to him, all to his general damage in excess of the jurisdictional 13 minimum of this Court. 14 20. By reason of the premises , PLAINTIFF has been and in 15 the future will be required to obtain the services of physicians 16 and to incur other .medical expenses for his care, treatment and 17 rehabilitation. PLAINTIFF at this time does not know the amount 18 of said loss, but will ask leave to insert the same herein when 19 . ascertained., in. accordance with proof at trial. 20 21. At the time of . the injury herein alleged , PLAINTIFF 21 was pursuing his education and was gainfully employed. As a 22 further proximate result of the conduct ,of defendants hereinabove 23 set forth, and each of them,. and said collision, PLAINTIFF was 24 prevented from attending to his educational pursuits, as well as 25 prevented from attending to his usual occupation or any occupation 26 MM Optp l\g11.11 Y.TT II /.T.M -9- 09/19/90 09:09 NORTHLAND INS. CO. 010 1 and has suffered sconomic.:losses, but will ask leive to insert the 2 same when aacerts1ned, in accordance with proof at: trial . g WHEREFORE, PLAINTIFF prays judgment against defendants 4 BEACHCRAFT, WOODLAND, KAL KUSTOM and/or OMC as set forth below. 5 SECOND CAUSE OF ACTION (Breach of Express arranty) 6 7 As And For A Separate And Second Cause Of Action against 8 Defendants BEACHCRAFT, WOODLAND, KAL KUSTOM and/or. OMC, PLAINTIFF 9 Alleges As Follows :. . 10 22. PLAINTIFF hereby realleges and incorporates by this 11 reference, each and every allegation contained hereinabove , in 12 paragraphs 1 through 5, 10, 15 and 17 through 21, inclusive, as • 13 though"`fully set forth in detail herein. 14 23. At all times herein mentioned, and prior to August 15' •5', '1989, defendants BEACHCRAFT, WOODLAND, KAL KUSTOM and/or OMC, 1e expressly warranted to .members of the general public, including 17 the PLAINTIFF, that .said .product together with each and every 18 component part thereon, was effective, proper and :safe for its 19 intended use as .a recreational pleasure craft for use in a variety 20 of water sports and/or"recreational activities . 21 24. The PLAINTIFF relied upon .said express warranty made 22 by the defendants BEACHCRAFT, WOODLAND, .LCAL KUSTOM and/or OMC, in 23 connection with his .involvement with said product, together with 24 each and every ,component :part. .thereon, prior to his injury. 25 25. PLAINTIFF .is informed and believes , .and .thereupon 26 allegea , that at some time prior "to August 5, 1989, defendants , MM 01►10\\ 111.E111)1T M Il.w*IY 10- 09/19/90 09:09 NORTHLAND INS. CO. 011 1 and each of them, breached the aforesaid express warranty by 2 causing said ptoduct , together with each and every':. component part. 3 thereon, to be in a dangerous , defective, unsafe, unfit, and/or 4 non-merchantable condition. 5 26. By reason of the aforesaid breach of express s warranty, PLAINTIFF sustained damages as hereinabove alleged . 7 WHEREFORE, PLAINTIFF prays judgment against defendant e BEACHCRAFT, WOODLAND,-:KAL KUSTOM and/or OMC, as set forth below. 9 THIRD CAUSE OF ACTION (Breach ot Imp ilea Warranty) 10 11 As And For A 'Separate And Third Cause Of Action against 12 Defendants BEACHCRAFT, WOODLAND, KAL KUSTOM and/or OMC, PLAINTIFF •13 alleges as follows : 14 27. PLAINTIFF hereby tealleges and incorporates by this 15 reference , each and every allegation contained hereinabove, in 16 paragraphs 1, through 5.i .10 , 15 and 17 through 21, ' as though fully 17 set forth in detail herein. 18 . 28. At all times' herein mentioned , and prior to August 19 5, 19894 defendants BEACHCRAFT, WOODLAND, KAL KUSTOM and/or OMC 20 impliedly warranted to ithe PLAINTIFF, and members of the general 21 public , that said product, together with each and every component 22 part thereon, was effective, proper and reasonably fit for its 23 ordinary purpose; of merchantable quality; and safe for its 24 particular purpose and .intended use as a pleasure craft for a 25 variety of recreational uses in conjunction with water -sports 26 and/or activities. ►�w orneu <vmrKrra ua.m.■ _ �ly w . 09/19/90 09:10 NORTHLAND INS. CO. 012 1 29. . At ,all times relevant herein, defendants BEACHCRAFT, 2 WOODLAND, KAL KUSTOM and/or OMC and each of them, .had knowledge of 3 the particular purpose for which the aforesaid product was to be 4 used, and impliedly warranted that same was of merchantable g quality and fit for its intended use. g 30. The .PLAINTIFF relied upon the skill and judgment of 7 defendants BEACHCRAFT, WOODLAND, KAL KUSTOM .and/or OMC in g impliedly :warranting said product to be safe for its intended 9 forseeable use. 10 31. PLAINTIFF' is informed and believes that at some time 11 prior to August ,5, 1989, defendants BEACHCRAFT, WOODLAND, KAL 12 KUSTOM and/or OMC breached the aforesaid implied warranty by 13 causing said product, together with each and every component part 14 thereon, to be in a dangerous , defective, unsafe, .non-merchantable 15 condition and/or unfit for the particular purpose for which it was 16 intended. 17 32. . . By reason, of the aforesaid breach of implied 1B warranty, PLAINTIFF sustained damages as hereinabove alleged . 19 WHEREFORE, -PLAINTIFF •prays judgment against defendants 20 BEACHCRAFT, WOODLAND, KAL KUSTOM and/or OMC as set forth below. 21 FOURTH CAUSE OF ACTION (Negligence n Design and/or anufacture) 22 . 23 As And For A Separate And Fourth Cause of Action against 24 Defendants BEACHCRAFT, WOODLAND, KAL KUSTOM and/or OMC, PLAINTIFF 26 alleges as follows: 26 uw emets , ......,,.,�. •12- 09/19/90 09:11 NORTHLAND INS. CO. 013 1 33. PLAINTIFF hereby realleges and incorporates by this 2 reference, each and every allegation contained hereinabove in 3 paragarphs l through 5, 110, 15 and 17 through 21, as though fully 4 set forth in detail herein, 5 34. That at all times mentioned herein , .defendants , 6 BEACHaUYT, WOODLAND 'KAL KUSTOM and/or OMC, and each of them, 7 negligently and/or carelessly manufactured , designed, leased, 8 distributed, advertised, marketed, warranted, inspected, 9 assembled, repaired, offered for sale and/or sold said product and 10 each and every component part thereof, which contained design 11 and/or manufacturing defects in that the same was capable of 12 causing, and did in fact cause personal injuries to the user , ' 13 consumer or bystander thereof while being sued in a reasonable 14 foreseeable manner, thereby rendering same unsafe and/or dangerous 15 for use by the consumer, when used in a reasonable foreseeable 16 manner, thereby rendering same unsafe and/or dangerous for use by 17 the consumer , user or bystander , in comparison with its potential 18 benefits as a pleasure: craft' for use in conjunction with 19 recrgational water sports and/or activities .' 20 35. Asa direct- and proximate result of the conduct of 21 the -defendants , and each of them, in designing, manufacturing, 22 leasing, distributing, advertising , marketing, warranting, 23 inspecting, repairing, assembling, offering for sale and/or 24 selling said product, and/or each and every component part 25 thereof, which contained design and manufacturing defects , as 26 uw enmte +m• Ker h li.urtvrry .13- 09/19/90 09:12 NORTHLAND INS. CO. 014 1 aforesaid, PLAINTIFF sustained injuries and damages as hereinabove 2 set forth. 3 WHEREFORE, PLAINTIFF prays judgment against defendants 4 BEACHCRAFT, WOODLAND, KAL KUSTOM and/or OMC, as set forth below. 5 FIFTH CAUSE OF ACTION (Negligent perat on B ' 7 As And For . A Separate And Fifth Cause Of Action , Against 8 Defendants CHARLES BOYLE, DENNIS THOMPSON, PAUL GRAME and LORRAINE 8 STEWART, PLAINTIFF .alleges as follows : 10 36. PLAINTIFF hereby realleges and incorporates by 11 reference each and every allegation contained hereinabove in 12 paragraphs 1, 6 . through 10, 15, and 19 through 21 , inclusive , as • 13 though fully set. forth in detail herein. 14 37. On or .about August 5, 19890 at or about the hour of 15 12 :00 p.m. , PLAINTIFF was engaged in waterskiing activity in or 18 near Taylor Slough., Contra. Costa County. At all times relevant 17 hereto, defendants BOYLZ, THOMPSON and GRAME were the owners 18 lessors , and/or bailors of a 17 . foot 1983 Beachcraft power boat 18 and motor .propeller assembly_ bearing Serial I.D. number , 20 BCC1709B1784A, who expressly and/or impliedly authorized , 21 consented and/or permitted defendant LORRAINE STEWART to operate 22 said power boat while PLAINTIFF was engaged in waterskiing 23 activities . 24 38. PLAINTIF'F; is informed and believes , and thereon 25 alleges, that at that time and place, defendants BOYLE, GRAME, 26 THOMPSON and/or STEWART so negligently, carelessly, unlawfully uw woes* - «�.•,,,,,... ,.�..,,. -14- 09/19/90 09:12 NORTHLAND INS. CO. 015 k` 1 and/or recklessly, owned, managed, maintained, drove and/or 2 operated the power boat hereinabove described so as to proximately 3 cause the power boat's propeller to strike PLAINTIFF who was in 4 the water 'in preparation to water ski, and to proximately cause S. the injuries and damages. hereinabove described. 6 39. As a direct and proximate result of the acts and/or 7 omissions of defendants"hereinabove set forth, and. each of them, 6 and the resulting collision, PLAINTIFF suffered the injuries and 9 damages hereinabove alleged. 10 WHEREFORE0 PLAINTIFF prays for ,judgment against 11 defendants BOYLE; THOMPSON, GRAME and STEWART as hereinafter set 12 forth below. 13 SIXTH CAUSE OF ACTION (Negligent trustment 14 15 As And For A"Separate And Sixth Cause Of Action Against 18 Defendants CHARLES BOYLE, DENNIS THOMPSON and PAUL GKAME, 17 PLAINTIFF alleges as follows: to 40. PLAINTIFF hereby realleges and incorporates by this i9 reference, each and ever,y 'allegation contained hereinabove 1 20 pursuant to paragraphs l, ` 6 through 10, 150 19 through 21, and 37 21 through 39, inclusive, as' though fully set forth in detail herein. 22 41. At all times herein mentioned, defendants BOYLE, 23 THOMPSON and/or GRAME negligently, wantonly, carelessly and/or 24 recklessly entruited` defendant STEWART with the water craft 25 hereinabove described,` for the purpose of operating said water 26 craft upon the public waIterways of the State of California, and <1rta91.:R N IIAMIVIN . �15- . 09/19/90 09:13 NORTHLAND INS. CO. 016 1 thereafter, defendant STEWART did operate said water craft with the 2 knowledge, consent, permission and/or within the scope of 3 authority conferred by defendants BOYLE; THOMPSON .and/ox GR.AME. 4 42. PLAINTIFF is informed and believes, :and thereon 5 alleges , that defendant STEWART was at all times herein mentioned, e -incompetent and unfit to safely operate the water craft with which 7 she was entrusted on the public waterways. g 43. PLAINTIFF 'is informed and believes., and thereon alleges , that at the time. defendants BOYLE, THOMPSON and/or GRAME 10 entrusted defendant STEWART with said water craft,: they knew, or 11 in the exercise of reasonable care, should have known, that 12 defendant STEWART was incompetent and/or unfit to operate said • 13 power craft , thereby creating an unreasonable risk of danger to 14 persons and property. 15 44. Despite knowledge of defendant STEWART' s unfitness 16 by defendants BOYLE, THOMPSON and/or GRAME, defendants furnished 17 defendant STEWART with the operation of said watercraft upon the 18 public waterways, and authorized, approved and/or zatified the 19 conduct of defendant STEWART- by entrusting her with the operation 20 of said power craft in "spite of knowledge that she'. was an unfit 21 and/or inexperieciced operator. 22 WHEREFORE, PLAINTIFF prays for Judgment against 23 defendants BOYLE$ THOMPSON ant GRAME as hereinafter set forth 24 below. 25 26 OrrdIOXW 11A�IU .16- Mw prgCtf ' • ttt •-'"rte cis Ali T wo 'a tricli "t[ air- cr. SL N ' LO (L �r rc N �• O JP N O Q � 5 p ;N•��N. rl U cn o N U � dy r-i 6 r N N 05 d" mo . N NONAN Ww � 40 0 .a m rd ;�, Od 4 Ln c 0 U' 9 LL ._.. ; 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 FEBRUARY 26 , 1991 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 GovernmentFGo&VED Amount: $ 50 , 000 . 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: BUCKLEY , Kathleen Marie JAN 11 9 1091 COUNTY COUNSEL ATTORNEY: Richard J. Krech NIA.Ml.I M, cA!fF. Attorney at Law Date received ADDRESS: 1611 Telegraph Ave . Ste . 110OBY DELIVERY TO CLERK ON January 23 , 1991 Oakland, CA 94612 BY MAIL POSTMARKED: January 22 , 1991 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: January 29 , 1991 PpHHIL BATCHELOR, Clerk BY: D puty 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: - 1421 9 BY: !� Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Adminis rator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD OR : By unanimous vote of the Supervisors present ( l�J/ DS& 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.FEBt� Dated: B 2 b 1991 PHIL BATCHELOR, Clerk, B Deputy Clerk WARNING (Gov. code sec ion 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. t Dated: FEB 2 8 1991 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator KRECH & COLE ATTORNEYS AT LAW 1611 TELEGRAPH AVE.,SUITE 1100 OAKLAND,CALIFORNIA 94612 RICHARD J. KRECH WILLIAM P.COLE 14151444-6030 14151444-5909 CLAIM AGAINST GOVERNMENT ENTITY CLAIMANT: Kathleen Marie BUCKLEY ENTITIES: City of E1 Cerrito, County of Contra Costa DATE OF INCIDENT: October 23, 1990 LOCATION OF INCIDENT: 5845 Avila #5, E1 Cerrito, CA. TORT: False arrest, slander. AMOUNT OF CLAIM: $50000 . 00 FACTS: On or about October 23, 1990, members of the E1 Cerrito Police Department and WestNET, the West Contra Costa County Narcotics Enforcement Team, arrested Kathleen Buckley at her mother' s residence on various drug charges . . Kathleen Buckley did not live at that residence, the alleged drugs were not hers, and she did not sell or possess for sale any drugs . The governmental entities caused Kathleen Buckley's name to be printed in a local newspaper which caused her great embarrassment because she grew up in this area. She lost her job as a result of this false arrest and dissemination of slanderous information. Please address all correspondence to the address on this letterhead, attention Air. Krech. DATED: 1/23/91 RECEIVE® Richard J. Krech JAN 2 3 1991 Attorney for Claimant CLERK BOARD Of SUPERVI CONTRA COSTA CO. KRECH & COLE ATTORNEYS AT LAW 1611 TELEGRAPH AVE.,SUITE 1100 OAKLAND,CALIFORNIA 94612 RICHARD J.KRECH WILLIAM P.COLE (415)444-6030 14151444-5909 January 23, 1991 RECEIVED County of Contra Costa Board of Supervisors Attn: J. Bosarge JAN 2 3 1991 651 Pine. Street, room 106 Martinez, CA. , 94553 CLERKBOARDOFSUPER CONTRA COSTA CO. Citi Cf E) Cer o Attn: Nwr Mosby 10890 o Avenue E1 errito, CA. , 4530 CLAIM OF KATHLEEN MARIE BUCKLEY Greetings: Enclosed please find an original and a copy of the above referenced claim. Please file the original claim and return the copy, file stamped, in the enclosed self-addressed stamped envelope provided. - Thank you for your attention to this matter. Sincerely yours, Richard J. Krech RJK1ws enclosures I \ \\ / f \l J \ r \ t\ / � $ k @n & 4 && \ o �\ ° \ $ , a � r » � . 0 tp y : > � / z CLAIM �• ��'f 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 FEBRUARY 26 , 1991 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 "WarningsFbEBNE® CLAIMANT: CORDERI , Joseph JAN „ 9 1001 ATTORNEY: Elliott M. Pisor COUNTY COUNSEL Attorney at Law Date received MARTINEZ, CALIF. ADDRESS: One Kaiser Plaza, Ste . 1585 BY DELIVERY TO CLERK ON January 22 , 1991 Oakland, CA 94612 BY MAIL POSTMARKED: January 18 , 1991 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. January 23, 1991 PpHHIL BATCHELOR, Clerk DATED: BY: Deputy 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: Dated: (91 BY:I Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) i ( ) 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 i I certify that this is a true and correct copy of the Board's Order entered in its minutes for this daterc qf� 9 Dated: G B 2 s 191 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code se /n913) 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 f 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: FEB 2 R 1991 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator �- ELLIOTT M. PISOR. INC. ATTOHNEYS AT LAW TELEPHONE II JURY LAR'CENTER (415) 763-4800 ONE KAISER PLAZA. SUITE 1585 CLAIM UNDER GOVERNMENT OAKLAND, CA 94612 CODE SECTIONS 905 and 910 ECLERK CEIVEDNAME (S) OF DEFENDANT ENTITIES: COUNTY OF CONTRA COSTA CLA2MA_NT' S NAME: :iOSEPH coRDERI N 2 ?_ 1991CLAIMANT' S ADDRESS: 507 Bay Street D OF SUPER g(Crockett, CA A COSTA C . SEND NOTICES TO: ELLIOTT M. PISOR Attorney at Law One Kaiser Plaza, Suite 1585 Oakland, CA 94612 DESCRIPTION OF ACCIDENT: Joseph Corderi is a wrongful death claimant. The accident occurred at about 10 : 30 A.M. on July 19 , 1990, when plaintiff' s father was struck and killed while crossing Parker Avenue, at its intersection- with. Sixth Street, in the community of Rodeo. It is alleged said accident was caused by the negligent driving of Linda J. Carter, who was then and there in the course of her employment with the County as a Home Health -Aide. TYPE OF DAMAGE: WRONGFUL DEATH NAME (S) OF PUBLIC EMPLOYEES INVOLVED: LINDA J. CARTER AMOUNT CLAIMED: Sufficient to place the claim within ur.isdiction of Superior Court. DATED: January 18, 1991 r ELLIOTT M. PISOR Attorney for Claimant \ \ C0 . � //\ � Ul Ul 0 ON 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 FEBRUARY 26 , 1991 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 Governmen1UE46odejr. Amount: Unspecified Section 913 and 915.4. Please note all "Warnings". CLAIMANT: ELLIOTT, James R. JAN ,2 9 1991 COUNTY COUNSEL ATTORNEY: James Moore King MAZIN27 uALll, Attorney at Law Date received ADDRESS: 201 Maple Street BY DELIVERY TO CLERK ON January 23 , 1991 Santa Cruz ; CA 95060 BY MAIL POSTMARKED: January 22 , 1991 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: January 29 , 1991 gy1L BATCHELOR, Clerk 11. FROM: County Counsel TO: Clerk of the Board of Supervisors jv ) 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: 2n f91 BY: V 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: FEB 2 6 1991 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sec 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. Dated: FEB 2 8 BY: PHIL BATCHELOR b Deputy Clerk —rr.JT--- 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, 19872 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 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.) 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 Clerk's filing stamp James R. Elliott 1695 Aptos Creek Rd. ) ' '•RECEIVED Aptos , CA 95003 ) Against the County of Contra Costa ) or ) F ` JAN 23 1991 District) CLERK BOARD OF SUPERVI R Fill in name ) CONTRA COSTA CO The undersigned claimant hereby makes claim against the County of ra Costa or the above-named District in the sum of $ Superior Court and in support of this claim represents as follows: juris� ion ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) 7/26/90 , at 7 : 00 p.m. ------------------------------------------------------------------------------------ 2. Where did the damage or injury occur? (Include city and county) Contra Costa County Fair - 10th and L Streets , Antioch ----------------------------------------------------------------------------------- 3. How did the damage or injury occur? (Give full details; use extra paper if required) While soliciting signatures from registered voters , claimant was cited by T. Loggan, Issuing Officer for a violation of "602L PC Trespassing" . Claimant was forced to cease his Constitutionally protected activity. ------------------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Citation under inapplicable code section which chilled the exercise of a Constitutionally protected activity. (over) p 5. What are the names of county or district officers, servants or employees causing the damage or injury? Unknown. ------------------------------------------------------------------------------------ 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Infringement of Constitutionally protected right under U.S.Constitution, fourteenth ammendment and section of the: State of California constitution. Amount of _�t7naga is_s�it�i��ae_; sd�.ctiannf_t1�S" iaL Cau.t.--------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Rights infringed upon are fundamental to our way of life, provocation was nil on the part of claimant. ------------------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. T. Loggan, County of Contra Costa Sheriff ' s Dept. ------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Phone calls $5 . 00 (approx. ) Attorney' s fees to date $100 . 00 Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or bylsome permn on h iO behalf." Name and Address of Attorney JAMES MOORE KING Attorney at Law 17Y Signa re) 201 Maple Street Santa Cruz, CA 95060 (Add ss Telephone No. ( 408 ) 427-1515 1 Telephone No. * * * * * * * * * * * * * * * V W W V I I I I * * * N O T I C E 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, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. A Z 7 y � C Vq, N ➢ y Q M O A N aryy� Z N w� ~• q � � Ort G N O t � N ' + s •� Ct9 ` s, a CLAIM �y 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 FEBRUARY 26j,1991 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: Undetermined Section 913 and 915.4. Please note aja�s". CLAIMANT:FIELDHOUSE, Warner Darwin 1st FEB 8 1191 ATTORNEY: Steven H. Henderson QkWd Attorney at Law Date received ADDRESS: 3024 Railroad Avenue BY DELIVERY TO CLERK ON January 30, 1991 Pittsburg, CA 94565 Cert. P239 078 14 BY MAIL POSTMARKED: January 29, 1991 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: February8, 1991 PPHHIL BATCHELOR, Cler BY: Deputy II. FROM: County Counsel TO: Clerk of the Board o ervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �)�1 BY: %J / JaIL Deputy County Counsel U KJ 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 ORDE 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: FEB 2 6 1991 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: FEB 2 $ mg BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 1 STEVEN H. HENDERSON ATTORNEY - ABOGADO 2 3024 Railroad Avenue Pittsburg, CA 94565 3 415/427-1771 RECEIVED 4 Attorney for Claimant. RECEIVED V G EJAN 90199 5 In the ?latter of the CLERK BOARD OF SUPE 6 Claim of: CONTRA COSTA CO. 7 WARNER DARWIN FIELDHOUSE 8 Claimants, CLAIM AGAINST PUBLIC 9 ENTITY VS. (Personal Injury) 10 COUNTY OF CONTRA COSTA AND 11 CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT 12 Respondents. 13 14 WARNER FIELDHOUSE hereby makes a claim against the 15 CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT located in Martinez, 16 California, and makes the following statements in support of 17 his claim: 18 1. Claimant's post office address is 1985 Calaveras 19 Drive, Pittsburg, California. 20 2 . Notices concerning the claim should be sent to 3024 21 Railroad Avenue, Pittsburg, California. 22 3 . The date and place of the occurrence giving rise to 23 this claim are August 10, 1990, at West Pittsburg, in Contra 24 Costa County. 25 4 . The circumstances giving rise to this claim are as 26 follows: 27 Claimant was falsely arrested, falsely imprisoned, 28 battered, assaulted, maced, and generally brutalized by I Officers Stafford, Corona and Sly while at his home, and 2 within the patrol vehicles. 3 5. Claimant suffered from bruises to his body, damage 4 to his hearing, humiliation, and serious emotional distress. 5 6. The names of the public employees causing the 6 claimant's injuries are Deputies Stafford, Corona, and Sly. 7 7. Claimant's damages exceed $10, 000 as of the date of 8 this claim. 9 8. Jurisdiction over this claim resides in Superior 10 Court. 11 Dated: January 24, 1991. 12 13 STE N H. HENDERSON Attorney for Claimant 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 PROOF OF SERVICE BY MAIL 2 3 4 I hereby certify that I am a citizen of the United 5 States, over the age of 18 years, and not a party to the 6 within entitled cause. My business address is 3024 Railroad 7 Avenue, Pittsburg, California. On the date shown below, I 8 served the following Claim Against Public Entity on the 9 following by placing a true copy thereof enclosed in a sealed 10 envelope with postage thereon fully prepaid, in the United 11 States mail at Pittsburg, California, addressed as follows: 12 Office of the Clerk of the Board 13 651 Pine Street Room 106 14 Martinez, CA 94553 15 I declare under penalty of perjury that the foregoing is 16 true and correct and that this declaration was executed at 17 Pittsburg, California, on the date shown below. 18 Dated: January 28, 1991. 19 . 20 a d - lZ61 7 L 211 '� Sandra Remington 22 23 24 25 26 27 28 b Q H 6 -a 00 0 y c� 3 -o o Ny50" J by � Ifs W o .. n Di f 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 FEBRUARY 26 , 1991 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�ratWa'w Amount: $ ! J150 . 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: KYLE , James R. , Jr . ,JAN '_'. 625 Stege Avenue COu •„ ()UNSEL ATTORNEY: Richmond, CA 94804 MAS . .,*Z CALIF. Date received ADDRESS: BY DELIVERY TO CLERK ON January 23 , 1991 (via Risk Mgmt. ) BY MAIL POSTMARKED: Januar 14 , 1991 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. bIL BATCHELOR, Clerk DATED: January 23 , 1991 : Deputy 1I. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections,910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: I / Zq 191 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 ORD 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: FEB 2 6 1991 PHIL BATCHELOR, Clerk, B 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:_ FE R 2 Q 100i BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator " Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT G� 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, 19870 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 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 §911.4' 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 Clerk's filing stamp S es R. /eV Ie. sr. . �: RECEIVED ED Against the County of a ContrCosta ) 2 _ _ _ ) 1991 orBOAR District) CONTRA�COSTq�RS Fill in name The undersigned' claimaht 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) / - ! o- p_t�-------------------- --------------- ---`-i ----- -=3 U- ----------------- 2. Where did the damage or injury occur? (Include city and county) rti'e- d 4 rr+ a 9 D C C.u r C,c� i n C 0 A C o.,4 O ✓1 54-aK k m.t'( C : h toa-�bS r._CSQZL-'y------------------------------------------------------- 3. How did the damage or injury occur? (Give full details; use extra paper if required) r. ---------------------------------------------------------------------------- What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? (over) 4 d Visible ,M aga Qu.ot tlon 14 3 5 7 5DATE i + (-2 FAME •t YEAR�MAKE % 1" MOQEL e 1-`• i 1 T LICENSE NO. ) ; 5,---' MILEAGE 1-" 1 .•?•'..f':+ .:'.!'�. STATE ZIP r rt VIN NO. H.PHONE ) 2— t 1 W.PHONE - '` PROD.DAA —BODY CODE PAINT TRIM INS.CO. R Y - ADDRESS DATE OF LOSS CLAIM NO. ADJUSTER PHONE LIC.NO. FILE NO. D-D. LINE RE- RE- DETAILS OF REPAIR PARTS INDEX LABOR HOURS NO. PAIR PUCE R=Repair S=Straighten A=Aftermarket N=New PI PARTS SUBLET/MISC. R/!4--Recycll``/Rechrome/Recore U f Used R=Rebuilt BODY PAINT FRAME MECH 2 3 t 4 s P'' co 5 21 6 8 i 9 1 ,e `,rte t L 3` { 10 11 12 l' nnrl 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1_'D PARTS WILL BE DISCARDED UNLESS OTHERWISE INSTRUCTED TOTALS SOMETIMES AFTER THE WORK HAS BEEN STARTED,ADDITIONALLY DAMAGED OR WORN PARTS ARE DISCOVERED ICH WERE NOTEVIDENT ON FIRST INSPECTION.THIS DAMAGE REPORT DOES NOT COVER OR INCLUDE ANY ADDI- JR BO '� e" his.@ TI L PARTS OR LABOR WHICH MAY BE REQUIRED.ALL PARTS PRICES ARE SUBJECT TO INVOI E. „ro t'."• PAIN ...����hrs.@ I here b thorize the above work and acknowledge receipt of copy. F E his.@ Signed X Date MECH his.@ ,.--•,�,,,. PARTS Prices sub ct to invoice— , r'' p���,,yy BODY SUBLET/MI,$CENEOUS T .67i B B6g � Paint Suppli�—���-���-������++++his.@ Gn s��=9�9 wB� Street dy Supplies—hrs.@ 259 - 24th Street Tows /Storage — ARTS 94.804 EPA/W a Disposal Charge Phone k4 15) 233- 33 SUB TO L .............. B.A.R. t#AD0 .� <')k ' TAX—%on$ WRITTEN TOTABIL ©1988 /D/E/A inc.Form No.1024 IIDIE/A Inc.,One IID/E/A Way,Caldwell,ID 836058902•CALL TOLL FREE 1-800-635-9261 ' VPA=A AUTO PIUNTINO\BOGY REPAIR MIR/CIE FREE ESTIMATE I GATE NO. �.37909 CUSTO ME ,AlflAr#LEAUTO PAqarjta ' ADD 5327Jacuzzi Street TIMETABLE i L n CIN/&TAT E HfiCnmond, CA ,7 iu"04 ❑ DEPOSIT FOR PARTS RECEIPT NO. HOME ONE BUSINESS HONE r APPOINTMENT DATE MAKE/MODEL UdENSE Nb. ODOMETER READING V.I.N.NO. ESTIMATED uzEl ENAMEL ❑MIRATHANE ❑ULTRATHANE ❑OTHER ADDITIONALS PRICE COLOR, NUMBER AND MATERIAL LABOR ❑METALLIC DESCRIPTION ❑STARBURST L p „ PAINTING ❑SEALER TOUCH-UP [I CLEAR COAT 2. 1 HAZARDOUS WASTE I ❑DOOR JAMBS /yy /µms,• , EXTRA PREP ❑WHEELS ❑HOOD OR TRUNK ❑TWO TONE ❑MATCH COLOR ❑VINYL TOP RENEWAL I ClPICK UP 8 PANELS 1 ADDITIONALS TOTAL TOTAL PAINT LABOR SUBTOTAL TOTAL MATERIAL Gd BODY O• ALL RUST REPAIR IS DONE COSMETICALLY,DUE TO CLIMATIC CONDITIONS, � d TOTAL PAINT RUST MAY REAPPEAR AT ANY TIME. PA TS REPAIRS MAY BE DELAYED DUE TO PARTS AND MATERIALS BACKORDERS - LABOR S MATERIAL AND QUALITY ASSURANCE.PARTS PRICES SUBJECT TO DEALER INVOICE. R CODE N-NEW U-USED E-EXCHANGE A-AFTERMARKET f PART NUMBER OR DESCRIPTION - 1 SUBLET PARTS MATERIAL LABOR N V/ 1 _ r T,� It.� .r i TOTALS TOTAL BIW LABOR AND MATERIALS HOURS OF LABOR t /D @$ / PER HOUR TOTAL BIW LABOR TOTAL TAXABLE � SALES CUSTOMER SIGNATURE SALES TAX Z 2. ' 3. w,zg 4 ~' l A 1 {^ .*• v VOID AFTER 10 DAYS-THIS IS NOT AN INVOICE OR WORK ORDER FORM SH 185 LBB MOT R98PON5IBLE FOR CRACKING OF BODY PLASTIC FROM PREVIOUS REPAIRS CUSTOMER COPY j Cts �v v can - t Ir" 5 .moi J� l V p,K F �J h✓ � � C � V lV LOST PROPERTY CLAIM Return original application to: Clerk of the Board PO Box 411 Martinez, CA 94553 - i 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 I after the accrual of' the cause of action. (Sec. 911.2, .Govt. Code) l B. Claims must be filed with the Clerk of 'the Board of Supervisors at it's 1 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. • j E. Frau'd '-' Section 72•of the Penal Code provides: "Everyperson who, with intent to defraud, presents f6r 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 of fradulent claim, bill, account, voucher, or writing, is guilty of a felony. " _ RE: Claim By •,,..nn Reserved ,for•Clerk's..filing stamps .RECEIVED JAM, 5 1991 Against the COUNTY OF CONTRA COSTA ' or C M DISTRICT- ' LERKBOARDOFSUPERVIS COSTA CO. (Fill in name) CONTRA The undersigned claimant hereby makes claim against the 'County of ontra'. Cos ta or the above-named District in the sum of $ 290�and' in support of this claim re- presents as follows: 1. When did the damage or injury occur? (Give exactdate and hour) 2. [there did the damage or injury occur: (Include city and county. ) 3. How did the dama;e or injury occur? (Give full details : use extra s ets if required.) I V 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or dama e? over - CLAIM /- 0 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 FEBRUARY 26 1991 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice R California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code zmo Amount: $203 , 864 . 06 Section 913 and 915.4. Please note all "Warnings JAN IJ 1991 CLAIMANT: TAYLOR, Kent and Emi COUNTY couazM ATTORNEY: Judy Law MARHg27 (:A`qj� Duane , Lyman $ Seltzer Date received ADDRESS: 2000 Center St. , Ste . 300 BY DELIVERY TO CLERK ON January 28 , 1991 (hand Berkeley, CA 94704 e ivered) i I. FROM: Clerk of the Boar. I i Attached is a cop r ,� DATED: January 29 0 A� 7::� ' II. FROM: County Counsel z M G i s �> z n � ) This claim complies >a i Or C71 ( ) This claim FAILS ti N tn m ',•� we are so notifying claimant. The Boa% 0-0 CO r l °N i o ( ) Claim is not timely0 was filed late and send warning of claimant) in :tion 911.3). ( ) Other: U) 4. i 1. cam• Dated: ) m S v Deputy County Counsel III. FROM: Clerk of the Board i 7j r .jstrator (2) ( ) Claim was returned as 01 IV. BOARD ORDER: gy % v, ( 1A This Claim is rejectei — ( ) Other: )I a I certify that this isl " `d d � its minutes for this date. Off � Dated; FEB 2 6 1991 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: FEB 2 8 1991 BY: PHIL BATCHELOR b 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 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 January 1,I 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. B. Claims must be filed with the Clerk of the Board of Supervisors at its office in I Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. 1 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 en'ti'ty, 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 ) Rese fo 1 rkIs fi ing stamp KENT & EMI' TAYLOR ) > FCLER[KARD IVED ) ) Against the County of Contra Costa ) 1991 or ) 0ci . m. SUPERVISORS Count Couns _ = ) CONTRA COSTA CO. Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 20 3, 864. 06 and in support of this claim represents as"follows: ----------------------------------------------------- ------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) September 13 , 1990 2. Where did the damage or injury occur? (Include city and county) Richmond, California ------------------------------------------------------------------------------------ 3. How did the damage or injury occur? (Give full details; use extra paper if required) See Attachment A attached hereto. ------------------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? See Attachment A attached hereto. (over) r .. ATTACHMENT A 3 . By letter dated September 13 , 1990, Gregory S. Nerland, attorney for Dara and Gary Duncan, informed us for the first time that the Duncan's claimed an ownership interest in property commonly known as 1517 Crest and described as follows: [see Attachment B attached hereto] We purchased this property from the Estate of Leland Cunningham. This Estate was administered by the Contra Costa County Public Administrators office. The Estate has been represented by Contra Costa County Counsel. The letter from Gregory S. Nerland dated September 13 , 1990 is attached hereto and incorporated herein by reference as Exhibit C. 4. We are informed and believe that when Notice of Sale for the property at 1517 Crest Ave, Richmond, California was given by the Public Administrator and at the time the property was sold to us in August 1990 that the Public Administrator and County Counsel knew or should have known of Gary and Dara Duncan' s adverse claims to the property which we were purchasing. We purchased the property at 1517 Crest Ave. as was represented to us in the Court confirmation proceedings and the deed to the property. If we had been informed of the Duncan's claim to an ownership interest in the property commonly known as 1517 Crest we would not have purchased the property as described by the Public Administrator in the Randalls Survey commissioned by the public administrator. 6. As a direct result of the wrongful acts of the deputy public administrator, the Deputy Attorney for the Public Administrator and County Counsel we have been unable to use and enjoy the property which we purchased. We have incurred fees and costs in purchasing the property, improving the property and developing our building plans for the property. We have incurred attorneys fees and costs in an effort to resolve the dispute with the Duncans. We have suffered extreme emotional distress as a result of our failure to use our property as was anticipated at the time that we purchased it. -1- 7 and 9. We have incurred to date the following expenses and or damages: ITEM DATE AMOUNT Down payment on property(5/17/0) $9, 662 . 67 Balance Due with closing costs(8/30/90) 78, 865.50 Property Tax first installment(12/1/90) 345. 29 Property Tax second installment(2/1/91) 345.29 Insurance(9/19/90) 255.53 Improvements (side fence) (11/90) 600. 00 Improvements (rear fence) (10/27/90) 772 . 00 Energy Calculation title 24 (207.78) 207.78 House Plans and drawings 21800. 00 Legal fees (estimated) 61000. 00 Interest on down payment(to 2/91) 724. 00 Interest on principal (to 2/91) 31286.00 Damages for Negligent infliction of emotional distress100, 000.00 (estimated) ESTIMATED TOTAL $203 , 864 . 06 8. Dara Duncan 1515 Crest Ave Richmond, California Ron Gordan address unknown Belen Chow Chiu address unknown Richard K. Randles Randles Engineering 1088 23rd Street Richmond, California Gary Duncan 1515 Crest Ave. Richmond, California J.F. Miller Chief Deputy Public Administrator 4100 Alhambra Ave Martinez, California 94553 Carole Rupf Assistant Public Administrator 4100 Alhambra Ave. Martinez, California 94553 -2- Victor J. Westman County Counsel P.O. Box 2276 Martinez, California 94553 Lillian T. Fujii Deputy County Counsel P.O. Box 2276 Martinez, California 94553 DiscoveVy is continuing regarding other possible witnesses. -3- ATTACHMENT B i i 1 A portion of Lot 6 and all of Lot 7 , Block 98 as shown on the Map of East Richmond Heights Tract No . 2, Recorded February 21 , 1911 in Book 4 of Maps at page 90, Contra Costa County Records, more particularly described as follows : Beginning at the northeast corner of Lot 7 , Block 98 (4M90 ) thence South 41° 40 " 00" East, 131 . 27 feet; thence South 48° 20' 00" West, 65 . 00 feet; thence North 41° 40 ' 00" West, 51 . 78 feet; thence North 500 20' 20" East, 13 . 72 feet; thence North 410 40 ' 00" West, 4 . 15 feet; thence North 840 39 ' 40" West, 14 . 72 feet; thence North 410 40 ' 00 " West 23 . 75 feet; to a point on the easterly line of Crest Avenue, thence along said easterly line North 211 35 ' 00" East, 53 . 65 feet; thence along the arc of a curve to the right the radius point of which bears South 680 25 , 00" East, distance 150 feet thru a central angle of 71 06 , 30" an arc distance of 18 . 61 feet to the point of beginning. y _ • ETTACHMENT 'C ; . WILSON, SHER,MARSHALL & PETERSON PROFESSIONAL CORPORATION W.STEPHEN WILSON ATTORNEYS AT LAW TELEPHONE MALCOLM SHER• (415)465-0555 EDWARD T.MARSHALL ONE KAISER PLAZA;SUITE 1350 BRUCE G.PETERSON OAKLAND,CALIFORNIA 94612 FACSIMILE ALICE L.AKAWIE (415)465-8093 LAUREN M.La PIETRA TIMOTHY F. O'LEARY - BARBARA FINKLE P. RANDALL NOAH September 13, 1990 GREGORY S.NERLANO *ALSO ADMITTEO UNITED KINGDOM STEVEN K.MCGINNIS OF COUNSEL Kent & Emi Taylor 2345 Corona Court Berkeley, California 94708 Re: ,-Duncan -- .1515 Crest Avenue Our File No: 300. 264 Dear Mr. and Mrs. Taylor: This office represents Gary and Dara Duncan with respect to the acquisition of the property at 1515 Crest Drive in Richmond, California. We are in receipt of your letter to the Duncans dated September 2, 1990, stating your intention to erect a new fence between your property and that of the Duncans. Both you and the Duncans purchased your respective properties from the estate of the prior owner, who owned a sizable amount of land in the area and intended to sell it to the lessees. During the negotiation process that the Duncans endured to formalize a bid to the city, who acted as administrator of the estate, all parties expected to purchase real property up to and including the preexisting fence. The prior owner erected that fence, intending that it represent the boundary between your parcel and that of the Duncans. We are sure that you had the same expectations when you entered negotiations with the city, and you formulated your bid accordingly. The Duncans contend, and my legal research. has confirmed, that the prior common owner intended that the fence represent the true boundary line., The fact that the prior owner built the home presently occupied by the Duncans in such a fashion so as to provide a reasonable setback from the fence, even though the improvement, actually encroaches upon your property, further sup- ports this intention. It is not proper that you receive a windfall because of the survey that revealed the encroachment. The prior owner intended the boundary line to be in a certain place, and it was so for a substantial number of years. This intent reflects the actual EXHIBIT C WILS0M,.SHER,MARSHALL & PETWON • PROFESSIONAL CORPORATION Kent & Emi Taylor September 13 , 1990 Page 2 knowledge of all parties at the time they entered into contract to purchase the properties, including the Duncans, the City of Richmond, and yourselves. I must request that you take no steps to remove the fence between your property and that of the Duncans. Such activity will constitute a trespass and .could result in property damage to the Duncans, for which you will be liable. The Duncans are willing to enter into negotiations to reach an amicable solution to this mat- ter, but adamantly hold their present position and are willing to seek judicial relief. The Duncans and I look forward to your response to this let- ter; '^either directly-from you -or,:-from •your `Iegal -representative. Very truly yours, GREGORY S. NERLAND GSN:val cc. Dara Duncan 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 FEBRUARY 26 , 1991 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 Government9CCodge6���� Amount: $ 203 , 864 . 06 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: TAYLOR, Kent and Emi JAN 2 9 1991 999NTY (=Nsn ATTORNEY: Judy LawTI,UZ:,. CALIF Duane , Lyman & Seltzer Date received ADDRESS: 2000 Center St-. , Ste . 300 BY DELIVERY TO CLERK ON January 28 , 1991 (hand Berkeley, CA 94704 e ivere BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: January 29 , 1991 RAIL BATCHELOR, Cl 11. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 2`1 I�� BY: I` 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: FEB 2 6 1991 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sec 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: FEB 2 8 1991 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator .. CLAIM' M ° BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT FEBRUARY 26 , 1991 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: $280 . 00 Section 913 and 915.4. Please note all "Warni"ngs"i;IV"n CLAIMANT: MC LEMORE , Raymond Edward JAN 67 W. Mc Donald Street y ATTORNEY: Richmond, CA 94801 c_-9UNTY WLIN54 Date received MARTIMW. CALIF. ADDRESS: BY DEL.IVERY; TO CLERK ON January 25 , 1991 BY MAIL POSTMARKED: January 22 , 1991 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. January 29 , 1991 PPHHIL BATCHELOR, Cle DATED: BY: Deputy 73�FROM: County Counsel TO: Clerk of the Board of upervisors (� ) This claim complies substantially with Sections 910 and 910.2. ( . ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: I 129 151 BY: I 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: FEB 2 6 1991 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code secti 13) 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: FEB 2. R 1991 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator e '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 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.,' 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 clai.m'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 Clerk' iling s amp KENT & EMI TAYLOR ) TRECEIVED Against the County of Contra Costa > X 1991 or ) �.3Zi a.M . Public Administrator ) G.ERKBOARDOFSUPERVISORS CONTRA COSTA CO. Fill in name ) The undersigned claimant hereby makes claim a>zainst the County of Contra Costa or the above-named District in the sum of $ 203,-864:06• and in support of this claim represents as follows: ----------------------------------------------------------- ----------------------- 1. When did the damage or injury occur? (Give exact date and hour) September 13 , 1990 ------------------------------------------------------------------------------------ 2. Where did the damage or injury occur? (Include city and county) Richmond, California - --------------------------------------------------------------------------------- 3. How did the damage or injury occur? (Give full details; use extra paper if required) See Attachment A attached hereto. ----------------------------------------------------------------------------------- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? See Attachment A attached hereto. (over) ATTACHMENT A 3 . By letter dated September 13 , 1990, Gregory S. Nerland, attorney for Dara and Gary Duncan, informed us for the first time that the Duncan's claimed an ownership interest in property commonly known as 1517 Crest and described as follows: [see Attachment B attached hereto] We purchased this property from the Estate of Leland Cunningham. This Estate was administered by the Contra Costa County Public Administrators office. The Estate has been represented by Contra Costa County Counsel. The letter from Gregory S. Nerland dated September 13 , 1990 is attached hereto and incorporated herein by reference as Exhibit C. 4 . We are informed and believe that when Notice of Sale for the property at 1517 Crest Ave, Richmond, California was given by the Public Administrator and at the time the property was sold to us in August 1990 that the Public Administrator and County Counsel knew or should have known of Gary and Dara Duncan's adverse claims to the .property which we were purchasing. We purchased the property at 1517 Crest Ave. as was represented to us in the Court confirmation proceedings and the deed to the property. If we had been informed of the Duncan's claim to an ownership interest in the property commonly known as 1517 Crest we would not have purchased the property as described by the Public Administrator in the Randalls Survey commissioned by the public administrator. 6. As a direct result of the wrongful acts of the deputy public administrator, the Deputy Attorney for the Public Administrator and County Counsel we have been unable to use and enjoy the property which we purchased. We have incurred fees and costs in purchasing the property, improving the property and developing our building plans for the property. We have incurred attorneys fees and costs in an effort to resolve the dispute with the Duncans. We have suffered extreme emotional distress as a result of our failure to use our property as was anticipated at the time that we purchased it. -1- 7 and 9. We have incurred to date the following expenses and or damages: ITEM DATE AMOUNT Down payment on property(5/17/0) $9, 662 . 67 Balance Due with closing costs(8/30/90) 78, 865. 50 Property Tax first installment(12/1/90) 345. 29 Property Tax second installment(2/1/91) 345. 29 Insurance(9/19/90) 255. 53 Improvements (side fence) (11/90) 600. 00 Improvements (rear fence) (10/27/90) 772 . 00 Energy Calculation title 24 (207.78) 207.78 House Plans and drawings 21800. 00 Legal fees (estimated) 61000. 00 Interest on down payment(to 2/91) 724 . 00 Interest on principal (to 2/91) 31286. 00 Damages for Negligent infliction of emotional distress100, 000. 00 (estimated) ESTIMATED TOTAL $203,864 . 06 8. Dara Duncan 1515 Crest Ave Richmond, California Ron Gordan address unknown Belen Chow Chiu address unknown Richard K. Randles Randles Engineering 1088 23rd Street Richmond, California Gary Duncan 1515 Crest Ave. Richmond, California J.F. Miller Chief Deputy Public Administrator 4100 Alhambra Ave Martinez, California 94553 Carole Rupf Assistant Public Administrator 4100 Alhambra Ave. Martinez, California 94553 -2- Victor J. Westman County Counsel P.O. Box 2276 Martinez, California 94553 Lillian T. Fujii Deputy County Counsel P.O. Box 2276 Martinez, California 94553 Discovery is continuing regarding other possible witnesses. -3- V ATTACHMENT B 1 i A portion of Lot 6 and all of Lot 7 , Block 98 as shown on the Map of East Richmond Heights Tract No. 2, Recorded February 21, 1911 in Book 4 of Maps at page 90 , Contra Costa County Records, more particularly described as follows : Beginning at the northeast corner of Lot 7 , Block 98 (4M90 ) thence South 410 40 ' 00" East, 131 . 27 feet; thence South 481 20 ' 00" West, 65 . 00 feet; thence North 411 40 ' 00" West, 51 . 78 .feet; thence North 501 20 ' 20" East, 13 . 72 feet; thence North 411 40 ' 00" West, 4 . 15 feet; thence North 841 39 ' 40" West, 14 . 72 feet; thence North 411 40 ' 00" West 23 . 75 feet; to a point on the easterly line of Crest Avenue, thence along said easterly line North 21° 35 ' 00" East, 53 . 65 feet; thence along the arc of a curve to the right the radius point of which bears South 680 25 ' 00" East, distance 150 feet thru a central angle of 71 06 ' 30" an arc distance of 18 . 61 feet to the point of beginning. ATTACHMENT C ` WILSON. SHER.MARSHALL & PETERSON PROFESSIONAL CORPORATION '/.STEPHEN WILSON ATTORNEYS AT LAW TELEPHONE •tALCOLM SHER' 14151465-0555 !DWARO T.MARSHALL ONE KAISER PLAZA.SUITE 1350 BRUCE G.PETERSON OAKLAND.CALIFORNIA 94612 FACSIMILE ALICE LAKAWIE 14151465.8093 LAUREN M.LaPIETRA 71MOTHY F. O•LEARY - '.ARBARA FINKLE RANDALL NOAH September 13 , 1990 :.R EGORY S.NERLANO .ALSO ADMITTED UNITED KINGDOM STEVEN K.MCGINNIS OF COUNSEL Kent & Emi Taylor 2345 Corona Court Berkeley, California 94708 Re: .-Duncan -- .1515 Crest Avenue Our File No: 300. 264 Dear Mr. and Mrs. Taylor: This office represents Gary and Dara Duncan with respect to the acquisition of the property at 1515 Crest Drive in Richmond, California. We are in receipt of your letter to the Duncans dated September 2 , 1990, stating your intention to erect a new fence between your property and that of the Duncans. Both you and the Duncans purchased your respective properties from the estate of the prior owner, who owned a sizable amount of land in the area and intended to sell it to the lessees. During the negotiation process that the Duncans endured to formalize a bid to the city, who acted as administrator of the estate, all parties expected to purchase real property up to and including the preexisting fence. The prior owner erected that fence, intending that it represent the boundary between your parcel and that of the Duncans. We are sure that you had the same expectations when you entered negotiations with the city, and you formulated your bid accordingly. The Duncans contend, and my legal research has confirmed, that the prior common owner intended that the fence represent the true boundary line. The fact that the prior owner built the home presently occupied by the Duncans in such a fashion so as to provide a reasonable setback from the fence, even though the improvement actually encroaches upon your property, further sup- ports this intention. It is not proper that you receive a windfall because of the survey that revealed the encroachment. The prior owner intended the boundary line to be in a certain place, and it was so for a substantial number of years. This intent reflects the actual HIBIT C • PROFESSIONAL CORPORATIONy Vv• • Kent & Emi Taylor September 13 , 1990 Page 2 knowledge of all parties at the time they entered into contract to purchase the properties, including the Duncans, the City of Richmond, and yourselves. I must request that you take no steps to remove the fence between your property and that of the Duncans. Such activity will constitute a trespass and could result in property damage to the Duncans,. for which you will be liable. The Duncans are willing to enter into negotiations to reach an amicable solution to this mat- ter, but adamantly hold their present position and are willing to seek judicial relief. The Duncans and I look forward to your response to this let- tsr eitherdirectly f-rom�-yon - r"trom -pour legal -representative. Very truly yours, GREGORY S. .NERLAND GSN:val cc. Dara Duncan 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 FEBRUARY 26 , 1991 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: $4 , 510 ,000 . 00 Section 913 and 915.4. Please note all "Warnig4'����® CLAIMANT: WEEMERING , Kimberly Ann JAN N 9 1991 COUNTY COUNSEL ATTORNEY: Bruce E . Krell , Esq . MARTINEZ, CALIF. 345 Grove Street Date received ADDRESS: San Francisco, CA 94102 BY DELIVERY TO CLERK ON January 28 , 1991 Cert . P454 082 515 BY MAIL POSTMARKED: January 25 , 1991 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: January 29 , 1991 PpHHIL BATCHELOR, Clerk BY: D puty ISI. FROM: County Counsel TO: Clerk of the Board of visors (v ) This claim complies substantially with Sections 910 and 910.2. ( , ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 125 BY: �• k Deputy County Counsel I 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: FEB 2 6 1991 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code se 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: FEB 2 8 1991 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator LAW OFFICES OF Bruce E. Krell, Inc. A PROFESSIONAL CORPORATION BRUCE E. KRELL OF COUNSEL 345 GROVE STREET PAUL L. HENDRIX SAN FRANCISCO, CALIFORNIA 94102 RICHARD J. WERTHIMER JEAN K. HYAMS AREA CODE 415, MARK S. LITWIN TELEPHONE 861-4414 RECEIVED January 23, 1991 JAN 2 81991 County of Contra Costa CLERK BOARD OF SUPERVIS Board of Supervisors CONTRA COSTA C 651 Pine St. , Room 106 Martinez, CA 94553 Greetings: Enclosed you will find an original claim form with several copies as well as a stamped, self-addressed envelope. Please acknowledge one copy of the claim and return it to me in the envelope provided. Thanking you in advance for your kind assistance in this matter. Very truly yours, DENISE GARON Legal Assistant to Bruce E. Krell Enclosures CLAIM AGAINST THE COUNTY OF CONTRA COSTA AMOUNT OF CLAIM: $4,510,000.00 RECEIVED Claimants ' Name(s) : Kimberly Ann Weemering Address to Which Notices are to be Sent: JAN 2 81991 CLERK BOARDOF SUPERVI c/o Bruce E. Krell, Esq. CONTRA COSTA CO. 345 Grove St. San Francisco, CA 94102 (415) 861-4414 Date and Time of Incident: September 18, 1990 at 8 :45 a.m. Location of Incident: Sacramento Avenue Richmond, California How Incident Occurred: Claim was injured while riding her bicycle on Sacramento Avenue in Richmond, California Injury and Damage Incurred: Severe skull and spine injury; parapalegia Name(s) of Public Employee(s) causing injury or damage, if known: Unknown at present Itemization of Claim: Medical expenses (to date) . . . . . . . . . . . . . . . . . . $ 500, 000. 00 Future medical expenses. . . . . . . . . . . . . . . . . . . . .Unknown at Present Wage loss (to date) . . . . . . . . . . . . . . . . . . . . . . . . . 10, 000. 00 Futurewage loss. . . . . . . . . . . . . . . . . . . . . . . . . . . .Unknown at Present General Damages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41000, 000. 00 TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 41510, 000. 00 Dated: January 23 , 1991 z4leez AUCE E. KREL , ESQ. Attorney for Claimant i h O O 'y O 0 00 s, .9 n FG S 00 t 0 Ln Q � 3Qgtrj t,0 u% 'Cl fid.O �Oo Nw y ati u'` o --o ' .- w 0 u Ta , ON r. . > : y vo