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HomeMy WebLinkAboutMINUTES - 10271992 - 1.26 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Agai.nst the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 27 1991 and Board Action. All Section references are to ) The copy of this document mailed to you is your nbtice o 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 % 91f& Please note all "Warnings". to CLAIMANT: BERG, Brittany L. OCT 9 1992 ATTORNEY: WUNTY COUNSEL Walksup, Shelby, Bastian, Date recei�tTIN� CALIF.ADDRESS: Melodia, Kelly, Echeverria BY DELIVERY TO CLERK ON October 8 , 1992 and Link 650 California St. 30th FlooEY MAIL POSTMARKED: October 7 , 1992 San Francisco, CA 94108 CERT P 881 710 008 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 8 , 1992 EVIL �ep�tX_ Clerk o 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: 0&CE yg Z BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( his Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: A-)/.7.'7/,?2_ PHIL BATCHELOR, Clerk, B Deputy Clerk WARNING (Gov. codecti 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. *For additional warning see reverse side of this notice. I AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the 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: JO / y BY: PHIL BATCHELOR b Deputy Clerk CC: County Counsel County Administrator 4 This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. M • R V� fes= CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA OCT 8 1992 CLARK Br);,ci�0=n CC TO: Clerk, Board of Supervisors COUNTY OF CONTRA COSTA 651 Pine Street, Room 106 Martinez, CA 94553 The following claim for damages is hereby made by and on behalf of Brittany L. Berg against you, and each of you, the particulars of the claim being as follows: A. Name and Post Office Address of the Claimant Brittany L. Berg 1931 West Summerfield Court Oakley, CA 94561 B. Address to Which Notices are to be Sent Walkup, Shelby, Bastian, Melodia, Kelly, Echeverria & Link 650 California Street, 30th Floor San Francisco, CA 94108 C. Date, Place and Other Circumstances Which Give Rise to This Claim 1. The conduct which is the subject of this claim was discovered on or after April 15, 1992 in the City of Oakley, County of Contra Costa, State of California and the details of the occurrence are set forth herein below. 2 . At all times herein mentioned, Summerfield Court was and is a development in which single family residences have been built by the Albert D. Seeno Construction Company as a part of a single family housing development known as Fairhaven Parc in the City of Oakley, County of Contra Costa, State of California. Prior to construction of homes on this site, the Contra Costa County Water District and Oakley Water District acting through their agents whose identities are as yet unascertained drafted, advised, supervised and approved a plan for treating water and providing water service to the single family homes at the aforementioned site. 3 . The Contra Costa County Water District and Oakley Water District ..and other presently unidentified county agencies CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA Page 2 negligently and carelessly inspected, developed and approved plans, issued permits, supervised and controlled the treating of water to be provided to the aforementioned homes, that said water was not pure, or of potable quality and was below City, County, State and Federal standards for purity. As a consequence of the inadequate treatment of the water provided to claimant, said water posed a hazard to human health thereby exposing persons living in Fairhaven Parc and using the water to risk of injury and rendering their residence dangerous and/or uninhabitable for humans and valueless for resale. 4 . As a direct and proximate result of said negligence and carelessness, and of the dangerous, defective and deceptive condition of said development, persons who purchased homes in Fairhaven Parc were reasonably likely to be exposed to the impurities in the water described above and there was a reasonably foreseeable risk that persons exposed to the impure water would become ill and that their homes would become uninhabitable and dangerous. 5. Said dangerous, defective and deceptive condition of said water was created by the negligent and careless conduct of the employees and agents of the Contra Costa County Water District and Oakley Water District and other presently unidentified city, county and state agencies. 6. In addition to the carelessness and negligence described above, the Contra Costa County Water District and Oakley Water District failed to discharge the mandatory duties imposed upon them by the various statutory provisions governing management of water contained in California law including, but not limited to, the provisions of the California Government Code, the California Public Utilities Code, the California Public Resources Code, California Health and Safety Code and the California Water Code. 7. As a direct and proximate result of said culpable conduct, on and after May 19, 1992 while Brittany L. Berg was a resident at 1931 West Summerfield Court in the Fairhaven Parc development in Oakley, CA living in a single family home, said individual was caused to be exposed to the improperly treated water described above causing her home to be uninhabitable and causing her to suffer and sustain the injuries and damages hereinafter set forth. CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA Page 3 D. Description of Injuries and Damages 1. As a direct and proximate result of the carelessness and negligence of the Contra Costa County Water District and Oakley Water District, Brittany L. Berg, sustained serious personal injuries, including nausea, cramping, fatigue and other physical and neurological dysfunctions including, but not limited to fear of future cancer or other illness and other diseases and other injuries which have been caused and continue to cause claimant great mental and physical pain, suffering and discomfort. 2 . As a further direct and proximate result of said matters and said exposure, claimant has necessarily incurred liability for medical aid and attention, hospitalization, x-rays and medication for the proper care and treatment of her injuries in an amount presently unascertained and continuing. 3 . As a further direct and proximate result of said matters as aforedescribed, claimant Brittany L. Berg has suffered a loss of earning capacity in an amount presently unascertained and continuing. 4 . As a further direct and proximate result of said matters and said accident, claimant has suffered diminution in the value of her property as said property and home thereon are now uninhabitable and unsalable. E. Employees Causing Injuries and Damages Claimant does not know at the present time the names of the agents, servants and employees of the Contra Costa County Water District and Oakley Water District who caused said injuries and damages. F. Amount Claimed 1. Claimant claims non-economic general damages in the sum of $500, 000. 2 . Claimant claims economic damages for medical care and loss of earning capacity in an amount presently unknown and continuing. CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA Page 4 3 . Claimant claims damages representing the diminution in value of her property as a result of the toxins underlying that property in an amount presently unknown and continuing. DATED: October -L, 1992 WALKUP, SHELBY, BASTIAN, MELODIA, KELLY, ECHEVERRIA & LINK By: DANIEL DELL'OSSO Attorneys for Claimant Ilk �.- � Q4 < � k ` � 4 2 & $ « k p 10, % � 0 � � % - & & � � 0r % t \ k k % �0) k oO ® ) t g00 cc o1-- y % & S m $ % ) ` k �:A`�IA`/ t AD� • � , . � « A � U .. . � .......... \ � , « } � f ~ CLAIM Z BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 27 , 1992 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unspecified Section 913 and 915.4. Please note all "Warnings". - RECEIVED CLAIMANT: BERG, Catherine A. OCT 1992 ATTORNEY: Walkup, Shelby, Bastian, .ouNrr COUN`E►Melodiar Kelly, Echeverria Date receiv��RTINEZ. ADDRESS: and Link BY DELIVERY TO CLERK V October 8 , 1992 650 California St. 30th Floor San Francisco, CA 94108 BY MAIL POSTMARKED: October 7 , 1992 CERT P 881 710 008 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is.a copy of the above-noted claim, ppHH gg DATED: October 8 , 1992 BY IL DeputyLOR, Cle . 0,J A., 1; rk 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: —6__ ( , � By:_, _ , �- /��'��` Deputy County Counsel IJ 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. 1*6Dated: /b PHIL BATCHELOR, Clerk, B 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. *For additional warnina see reverse side of this notice. 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: 10/,a'7BY: PHIL BATCHELOR byj Deputy Clerk CC: County Counsel County Administrator N This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation :is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the .specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. i CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA R TO: Clerk, Board of Supervisors COUNTY OF CONTRA COSTA OCT '9iOl. 651 Pine Street, Room 106 Martinez, CA 94553 CLERK The following claim for damages is hereby made by and on behalf of Catherine A. Berg against you, and each of you, the particulars of the claim being as follows: A. Name and Post Office Address of the Claimant Catherine A. Berg 1931 West Summerfield Court Oakley, CA 94561 B. Address to Which Notices are to be Sent Walkup, Shelby, Bastian, Melodia, Kelly, Echeverria & Link 650 California Street, 30th Floor San Francisco, CA 94108 C. Date, Place and Other Circumstances Which Give Rise to This Claim 1. The conduct which is the subject of this claim was discovered on or after April 15, 1992 in the City of Oakley, County of Contra Costa, State of California and the details of the occurrence are set forth herein below. 2 . At all times herein mentioned, Summerfield Court was and is a development in which single family residences have been built by the Albert D. Seeno Construction Company as a part of a single family housing development known as Fairhaven Parc in the City of Oakley, County of Contra Costa, State of California. Prior to construction of homes on this site, the Contra Costa County Water District and Oakley Water District acting through their agents whose identities are as yet unascertained drafted, advised, supervised and approved a plan for treating water and providing water service to the single family homes at the aforementioned site. 3 . The Contra Costa County Water District and Oakley Water District and other presently unidentified county agencies CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA Page 2 negligently and carelessly inspected, developed and approved plans, issued permits, supervised and controlled the treating of water to be provided to the aforementioned homes, that said water was not pure, or of potable quality and was below City, County, State and Federal standards for purity. As a consequence of the inadequate treatment of the water provided to claimant, said water posed a hazard to human health thereby exposing persons living in Fairhaven Parc and using the water to risk of injury and rendering their residence dangerous and/or uninhabitable for humans and valueless for resale. 4. As a direct and proximate result of said negligence and carelessness, and of the dangerous, defective and deceptive condition of said development, persons who purchased homes in Fairhaven Parc were reasonably likely to be exposed to the impurities in the water described above and there was a reasonably foreseeable risk that persons exposed to the impure water would become ill and that their homes would become uninhabitable and dangerous. 5. Said dangerous, defective and deceptive condition of said water was created by the negligent and careless conduct of the employees and agents of the Contra Costa County Water District and Oakley Water District and other presently unidentified city, county and state agencies. 6. In addition to the carelessness and negligence described above, the Contra Costa County Water District and Oakley Water District failed to discharge the mandatory duties imposed upon them by the various statutory provisions governing management of water contained in California law including, but not limited to, the provisions of the California Government Code, the California Public Utilities Code, the California Public Resources Code, California Health and Safety Code and the California Water Code. 7 . As a direct and proximate result of said culpable conduct, on and after May 19, 1992 while Catherine A. Berg was a resident at 1931 West Summerfield Court in the Fairhaven Parc development in Oakley, CA living in a single family home, said individual was caused to be exposed to the improperly treated water described above causing her home to be uninhabitable and causing her to suffer and sustain the injuries and damages hereinafter set forth. CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA Page 3 D. Description of Injuries and Damages 1. As a direct and proximate result of the carelessness and negligence of the Contra Costa County Water District and Oakley Water District, Catherine A. Berg, sustained serious personal injuries, including nausea, cramping, fatigue and other physical and neurological dysfunctions including, but not limited to fear of future cancer or other illness and other diseases and other injuries which have been caused and continue to cause claimant great mental and physical pain, suffering and discomfort. 2 . As a direct and proximate result of the carelessness and negligence of the Contra Costa County Water District and Oakley Water District, claimant, Catherine A. Berg, has also suffered the loss of her husband's care, comfort, society, love, companionship, sexual relations and all other elements of consortium. 3 . As a further direct and proximate result of said matters and said exposure, claimant has necessarily incurred liability for medical aid and attention, hospitalization, x-rays and medication for the proper care and treatment of her injuries in an amount presently unascertained and continuing. 4. As a further direct and proximate result of said matters as aforedescribed, claimant Catherine A. Berg has suffered a loss of earnings and earning capacity in an amount presently unascertained and continuing. 5. As a further direct and proximate result of said matters and said accident, claimant has suffered diminution in the value of her property as said property and home thereon are now uninhabitable and unsalable. E. Employees Causing Injuries and Damages Claimant does not know at the present time the names of the agents, servants and employees of the Contra Costa County Water District and Oakley Water District who caused said injuries and damages. F. Amount Claimed 1. Claimant claims non-economic general damages in the sum of $500, 000. 4 CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA Page 4 2 . Claimant claims economic damages for medical care and lost wages in an amount presently unknown and continuing. 3 . Claimant claims damages representing the diminution in value of her property as a result of the toxins underlying that property in an amount presently unknown and continuing. DATED: October E, 1992 WALKUP, SHELBY, BASTIAN, MELODIA, KELLY, ECHEVERRIA & LINK By: I " DANIEL DEL OSSO Attorneys for Claimant CLAIM e �� BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 3. . Claim Againso the County, or District governed by) BOARD ACTION the Bourd of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 27, 1992 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unspecified Section 913 and 915.4. Please note all "Warnings". 1�,EIVED CLAIMANT: BERG, Scott Randall UCT 9 1992 ATTORNEY: 1tiai kuL), Shelby, Bastian, Melodia, UUNTY COUNF;E, Kelly, Echeverria and Link Date receivedaRTiNa7 rALIF ADDRESS: BY DELIVERY TO CLERK ON October 8 , 1992 65G California St. 30th Floor San Francisco, CA 94108 October 7 , 1992 BY MAIL POSTMARKED: CERT P I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. October 8 , 1992 EVIL BATCHELOR, Clerk a DATED: BY: Deputy 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: �- /e� Y: 04. g 1,9P2— Deputy County Counsel \ � J 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. BOAR D ORDER: By unanimous vote of the Supervisors present ( 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: p 7 PHIL BATCHELOR, Clerk, ByZ 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. *For additional warning see reverse side of this notice. 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 Z'1 lCf2 BY: PHIL BATCHELOR by -' f Deputy Clerk CC: County Counsel County Administrator This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. LAW OFFICES OF BRUCE WALKUP WALKUP, SHELBY, BASTIAN, MELODIA, GEORGE'J.SHELBY RALPH W. BASTIAN.JR. KELLY, ECHEVERRIA & LINK PAUL V. MELODIA A PROFESSIONAL CORPORATION TELEPHONE DANIEL J.KELLY JOHN ECHEVERRIA 650 CALIFORNIA STREET, 301H FLOOR (415)961-7210 JOHN D.LINK RICHARD B.GOETHALS,JR. SAN FRANCISCO,CALIFORNIA 94108 FACSIMILE RONALD H.WEC HT (415)391-6965 MICHAEL A.KELLY KEVIN L.DOMECUS JEFFREY P. HOLL DANIEL DELL'OSSO MARY E.ELLIOT RICHARD H.SCHOENBERGER OF COUNSEL CYNTHIA F. NEWTON October 6, 1992 WESLEY SOKOLOSKY,M.D.,J.D. ANN M.RICHARDSON Clerk, Board of Supervisors COUNTY OF CONTRA COSTA 651 Pine Street, Room 106 Martinez, CA 94553 Re: CLAIMS AGAINST THE COUNTY OF CONTRA COSTA Dear Sir/Madam: Enclosed please find the originals and two copies each of the following CLAIMS FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA: Catherine A. Berg Scott Randall Berg Brittany L. Berg Please acknowledge receipt of said claims by dating, signing and returning the copies of the claims and this letter in the envelope provided for your convenience. Thank you for your cooperation. Very truly Y' urs, DA IEL D OSSO DDO:sg Enclosures CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA ���V' E TO: Clerk, Board of Supervisors OCT 8 X992 COUNTY OF CONTRA COSTA 651 Pine Street, Room 106 Martinez, CA 94553 iCUM-1 The following claim for damages is hereby made by and on behalf of Scott Randall Berg against you, and each of you, the particulars of the claim being as follows: A. Name and Post Office Address of the Claimant Scott Randall Berg 1931 West Summerfield Court Oakley, CA 94561 B. Address to Which Notices are to be Sent Walkup, Shelby, Bastian, Melodia, Kelly, Echeverria & Link 650 California Street, 30th Floor San Francisco, CA 94108 C. Date, Place and Other Circumstances Which Give Rise to This Claim 1. The conduct which is the subject of this claim was discovered on or after April 15, 1992 in the City of Oakley, County of Contra Costa, State of California and the details of the occurrence are set forth herein below. 2 . At all times herein mentioned, Summerfield Court was and is a development in which single family residences have been built by the Albert D. Seeno Construction Company as a part of a single family housing development known as Fairhaven Parc in the City of Oakley, County of Contra Costa, State of California. Prior to construction of homes on this site, the Contra Costa County Water District and Oakley Water District acting through their agents whose identities are as yet unascertained drafted, advised, supervised and approved a plan for treating water and providing water service to the single family homes at the aforementioned site. 3 . The Contra Costa County Water District and Oakley Water District and other presently unidentified county agencies CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA Page 2 negligently and carelessly inspected, developed and approved plans, issued permits, supervised and controlled the treating of water to be provided to the aforementioned homes, that said water was not pure, or of potable quality and was below City, County, State and Federal standards for purity. As a consequence of the inadequate treatment of the water provided to claimant, said water posed a hazard to human health thereby exposing persons living in Fairhaven Parc and using the water to risk of injury and rendering their residence dangerous and/or uninhabitable for humans and valueless for resale. 4 . As a direct and proximate result of said negligence and carelessness, and of the dangerous, defective and deceptive condition of said development, persons who purchased homes in Fairhaven Parc were reasonably likely to be exposed to the impurities in the water described above and there was a reasonably foreseeable risk that persons exposed to the impure water would become ill and that their homes would become uninhabitable and dangerous. 5. Said dangerous, defective and deceptive condition of said water was created by the negligent and careless conduct of the employees and agents of the Contra Costa County Water District and Oakley Water District and other presently unidentified city, county and state agencies. 6. In addition to the carelessness and negligence described above, the Contra Costa County Water District and Oakley Water District failed to discharge the mandatory duties imposed upon them by the various statutory provisions governing management of water contained in California law including, but not limited to, the provisions of the California Government Code, the California Public Utilities Code, the California Public Resources Code, California Health and Safety Code and the California Water Code. 7 . As a direct and proximate result of said culpable conduct, on and after May 19, 1992 while Scott Randall Berg was a resident at 1931 West Summerfield Court in the Fairhaven Parc development in Oakley, CA living in a single family home, said individual was caused to be exposed to the improperly treated water described above causing his home to be uninhabitable and causing him to suffer and sustain the injuries and damages hereinafter set forth. CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA Page 3 D. Description of Injuries and Damages 1. As a direct and proximate result of the carelessness and negligence of the Contra Costa County Water District and Oakley Water District, Scott Randall Berg sustained serious personal injuries, including nausea, cramping, fatigue and other physical and neurological dysfunctions including, but not limited to fear of future cancer or other illness and other diseases and other injuries which have been caused and continue to cause claimant great mental and physical pain, suffering and discomfort. 2 . As a direct and proximate result of the carelessness and negligence of the Contra Costa County Water District and Oakley Water District, claimant, Scott Randall Berg, has also suffered the loss of his wife's care, comfort, society, love, companionship, sexual relations and all other elements of consortium. 3 . As a further direct and proximate result of said matters and said exposure, claimant has necessarily incurred liability for medical aid and attention, hospitalization, x-rays and medication for the proper care and treatment of his injuries in an amount presently unascertained and continuing. 4. As a further direct and proximate result of said matters as aforedescribed, claimant Scott Randall Berg has suffered a loss of earnings and earning capacity in an amount presently unascertained and continuing. 5. As a further direct and proximate result of said matters and said accident, claimant has suffered diminution in the value of his property as said property and home thereon are now uninhabitable and unsalable. E. Employees Causing Injuries and Damages Claimant does not know at the present time the names of the agents, servants and employees of the Contra Costa County Water District and Oakley Water District who caused said injuries and damages. F. Amount Claimed 1. Claimant claims non-economic general damages in the sum of $500, 000. r• " CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA Page 4 2 . Claimant claims economic damages for medical care and lost wages in an amount presently unknown and continuing. 3 . Claimant claims damages representing the diminution in value of his property as a result of the toxins underlying that property in an amount presently unknown and continuing. DATED: October -7Z- , 1992 WALKUP, SHELBY, BASTIAN, MELODIA, KELLY, ECHEVERRIA & LINK By: DANI Li06ZS�1� Attorneys for Claimant CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA OC T 9 1992 C1aim,Against the County, or District governed by) BOA kv& 1IBF. the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT ML­ October 27 , 9 9 2 and Board Action. All Section references are to ) The copy of this document mailed to you is your no ice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Exceeding $50 , 000 . 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT:HICKS, Sarah ATTORNEY:Vaughn E. Spunaugle Attorney at Law Date received October 7 , 1992 ADDRESS: 3150 Hilltop Mall Road BY DELIVERY TO CLERK ON Richmond, CA 94572 BY MAIL POSTMARKED: October 6 , 199 2 Cert P 796 017 987 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppHH g DATED: October 8 , 1992 Blit Depu yLOR, Clerk OLI 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( of 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: i Dated: 2BY: Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: 10 71,12— 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. *For additional warnina see reverse side of this notice. 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: 12-7 BY: PHIL BATCHELOR by 5�? Deputy Clerk CC: County Counsel County Administrator i This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California :Port Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. VAUGHN E. SPUNAUGLE 1 � Attorney at Law 2 THE LAW OFFICES OF VAUGHN E. SPUNAUGLE OCT 71992 3150 Hilltop Mall Road Richmond, CA 94806 3 (510) 970-7661 OL�RK eORD Oz SUPERVISORS CONTRA COSTA CO. 5 Attorneys for Claimant CERTIFIED MAIL: P 796 017 987 Sarah Hicks 6 7 CLAIM AGAINST THE SHERIFF AND COUNTY OF CONTRA COSTA 8 9 1 . Name and address of claimant: Sarah Hicks, 1108 Langlie, Rodeo, California 94572. 10 2 . Send all notices to VAUGHN E. SPUNAUGLE, Attorney at Law, 11 3150 Hilltop Mall Road, Richmond, California 94806. 12 3. Date of occurrence: April 9 , 1992. 13 Place of occurrence: Claimant' s residence, located at 1108 Langlie, Rodeo, California 94572 . 14 4. Circumstances of occurrence: On or about April 9 , 1992 , agents 15 of the Contra Costa Sheriff' s department did conduct an illegal search of Claimant' s residence. Said agents committed a trespass 16 on Claimant' s property, conducted an illegal search and invaded the privacy and peace of Claimant' s home, thereby further committ- 17 ing assault and inflicting great mental distress on Claimant and other members of her household. 18 5. General description of injuries: Claimant sustained damages 19 to her real and personal property as well as suffering great e- motional distress which has caused and continues to cause great 20 physical and mental suffering. 21 6 . Amount of claim: Medical expenses, loss of earnings and earn- ing capacity, property damage and pain and suffering in an amount 22 exceeding $50 , 000 . 00 . 23 24 25 DATED: L G - ` 26 VAUGHN . SP A GLE Attorney fo Claimant 27 28 CLAIM RECEIVED `.02 • " OARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA OCTQ9 1992 ' COUNTY COUNSEL Claim Against the County, or District governed by) BO'W1Wl4 1F. the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 27 , 1992 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: In Excess of $250 ,000 . 00 Section 913 and 915.4. Please note all •Warnings% CLAIMANT: KIMBOL, Edna ATTORNEY: Ganong and Michell 500 Ygnac io Valley Road, Date received ADDRESS: Suite 360 BY DELIVERY TO CLERK ON October 8 , 1992 Walnut Creek, CA 94596 October 7, 1992 BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 8 , 1992 gqIL �ep�iyLOR, Clerk I1. FROM: County Counsel TO: Clerk of the Board of Supervisors (LI) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ���'�^`� �� �'� BY: �- d7�'� Deputy County Counsel J (t_ Ill. 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: /0 PHIL BATCHELOR, Clerk, By 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. *For additional warning See reverse side of this notice. 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. 1-1/17 Dated: _ BY: PHIL BATCHELOR b Deputy Clerk CC: County Counsel County Administrator This warning does not apply to -claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. ' G&M GANONG AND MICHEL.L. ATTORNEYS AT LAW GEORGIA ANN MICHELL 0 ALBERTA YOUNG MILLER 0 JOHN F. GANONG, RETIRED October 7, 1992 RECH ED Board of SupervisorsOCT 8 1992 Contra Costa County 651 Pine Street CLERIC SO ;sem kh,D O wt,ri Ef VI ORS 1 Martinez, California 94553_,.,__.,.r�'°`:_'. CCS-fACcs. Re: Edna Kimbol v. Merrithew Memorial Hospital, et al. To Whom it May Concern: Pursuant to California Government Code § 910, I am hereby submitting a claim for injuries and damages incurred by my client Edna Kimbol. A. Claimant is Edna Kimbol 1030 Berrelessa, Apt. C Martinez, California 94553 B. Claimants Attorney of Record is Ganong and Michell 500 Ygnacio Valley Road, Suite 360 Walnut Creek, California 94596 (415) 935-0706 C. Through and including April 8, 1992 , Ms. Kimbol was a patient at Merrithew Hospital and of Drs. S. Weiss and J. Bliss, doctors employed at said hospital. The treatment she received at said hospital and by said physicians and the medical staff and personnel was insufficient and below the standard of care such that plaintiff contracted gangrene at the site of her surgical incision, resulting in loss of tissue, disfigurement, infection, and pain. Ms. Kimbol underwent and continues to undergo surgical treatment and other modalitities of treatment for her injuries. D. The costs of her medical treatment to date due to the gangrene are currently unknown and continuing. Ms. Kimbol suffered loss of income and continues to suffer loss of income as a result of the injuries received. E. Ms. Kimbol does not have any additional information as to the names of any employees involved or witnesses to her injuries. F. Ms. Kimbol has suffered severe mental duress during this incident and recuperation period in an amount yet to be determined. This amount is believed to be in excess of $250, 000. 00. If it is 500 YGNACIO VALLEY ROAD, SUITE 960, WALNUT CREEK, CALIFORNIA 94596-9846 0 (510) 935-0706 FAX (510) 935-1841 Board of Supervisors Page Two October 7 , 1992 necessary to file a cause of action in this matter, it will be filed in Superior Court. Si ,47ely, G & I f e 'tea n cc: c len M thew Memorial hospital 2500 Alhambra Avenue Martinez, California 94553 GANONG AND MICHELL ATTORNEYS AT LAW GEORGIA ANN MICHELL `' ALBERTA YOUNG MILLER JOHN F. GANONG, RETIRED NOTICE OF INTENTION TO BRING ACTION BASED ON PROFESSIONAL NEGLIGENCE To: Merrithew Memorial Hospital Drs. S. Weiss and J. Bliss DOES 1 through 25, inclusive 2500 Alhambra Avenue Martinez, California 94553 You are hereby notified that in accordance with the provisions of Section 364 of the Code of Civil Procedure of the State of California that on or about January 5, 1993 , I, the undersigned, intend to file an action against you, Merrithew Memorial Hospital, Drs. S. Weiss and J. Bliss and DOES 1 through 25, inclusive, for damages based upon your negligence in providing professional health care services to Ms. Edna Kimbol, Social Security No. 540-40-3225. This action is based on the injuries which occurred to Ms. Edna Kimbol which resulted from this negligence. The negligence claimed will be based on the fact that you, and each of you, failed to comply with all the professional standards in the treatment of Ms. Kimbol's breast biopsy and mastectomy and subsequent debridement and repeated surgical procedures therefor, which negligence caused Ms. Kimbol to contract gangrene at the site of her incision and in her chest muscles and breast, causing loss of tissue, disfigurement, pain and other complications. You should notify your malpractice insurance carrier and 500 YGNACIO VALLEY ROAD, SUITE 360, WALNUT CREEK, CALIFORNIA 94596-3846 ; (510) 935-0706 FAX (510) 935-1841 Notice of Intention Page Two October 7 , 1992 your attorney immediately. I am amenable to discuss this action with you with the possibility of a settlement which would preclude the necessity of filing a legal action against you, if you do so prior to January 5, 1993 . Dated: October 7, 1992 !'�,�XNONG AND MIC LL ori Ann ` i ell '✓ `- cc• client r Board of Supervisors Contra Costa County 651 Pine Street Martinez, California 94553 L iL-- lk s LO} r ON •� O JJ A U) Z �4 •r'4 Z O O 4J 4a 1-i U N •r1 rU to E u U 44 U N N O A (1) rLirC •ri A ro � 4a + ru O O Ln 1 0 mukD a- a 4 y. b Uf O1 d' Q+ Q U ra X W a`� x U � � 3 A � z W Q F_ C7 � Z � z 0 U a z 0 0 CONFIDENTIAL COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY ��� ���©- MARTINEZ, CALIFORNIA r MEMORANDUM i OCT 2 01992 CLERK BOARD OF SUPERVISORS Date: October 15, 1992 CONTRA COSTA CO. TO: Jeanne Maglio, Clerk of the Board of Supervisors FROM: Victor J. Westman, County Counsel By: Gregory C. Harvey, Deputy County Counsel RE: Edna Kimbol Claim Attached is a claim received by Mark Finucane and forwarded to our office. cc Mark Finucane t �C14 RECOVED errithew PREC;h OCT 141992 emorial �+T 92 IMR �� OCT 2 0 I9 Fl rAUF AND@0 Wavagm C Ll N IC S CLE S BOAS CON. -TRA O OS A��ISORS TO: Office of County Counsel DATE: October 13, 1992 Contra Costa County FROM: Mark Finucane P" ' RE: NOTICE OF INTENT TO Health Services Director COMMENCE ACTION Edna Kimbol Record # 554764-1 Enclosed is Notice of Intent to Commence Action regarding the above case. This was received by Merrithew Memorial Hospital today. TC Attachment cc: Risk Management Department (Leg10132 .M01 ) �f Contra Costa County A-301A (3/87) Vol (� G E°' M GANONG AND MICHELL ATTORNEYS AT LAW GEORGIA ANN MICHELL 0 ALBERTA YOUNG MILLER - JOHN F. GANONG, RETIRED NOTICE OF INTENTION TO BRING ACTION BASED R ECOVE 7 ON PROFESSIONAL NEGLIGENCE i ---- To: Merrithew Memorial Hospital I 'OCT 2 01992 Drs. S. Weiss and J. Bliss (Z�.1� DOES 1 through 25, inclusive I� .- �CLIERK BOARD OF SUPL' VISORS 2500 Alhambra Avenue CONTRA COSLA CO. Martinez, California 94553 - You are hereby notified that in accordance with the provisions of Section 364 of the Code of Civil Procedure of the State of California that on or about January 5, 1993 , I, the undersigned, intend to file an action against you, Merrithew Memorial Hospital, Drs. S. Weiss and J. Bliss and DOES 1 through 25, inclusive, for damages based upon your negligence in providing professional health care services to Ms. Edna Kimbol, Social Security No. 540-40-3225. This action is based on the injuries which occurred to Ms. Edna Kimbol which resulted from this negligence. The negligence claimed will be based on the fact that you, and each of you, failed to comply with all the professional standards in the treatment of Ms. Kimbol's breast biopsy and mastectomy and subsequent debridement and repeated surgical procedures therefor, which negligence caused Ms. Kimbol to contract gangrene at the site of her incision and in her chest muscles and breast, causing loss of tissue, disfigurement, pain and other complications. You should notify your malpractice insurance carrier and 500 YGNACIO VALLEY ROAD, SUITE 360, WALNUT CREEK, CALIFORNIA 94596-3846 o (510) 935-0706 FAX (510) 935-1841 t Notice of Intention Page Two October 7. 1992 your attorney immediately. I am amenable to discuss this action with you with the possibility of a settlement which would preclude the necessity of filing a legal action against you, if you do so prior to January 5, 1993 . Dated: October 7, 1992 NONG AND MIC' %IC' LL or i� Ann t i . c cl tent Board of Supervisors Contra Costa County 651 Pine Street Martinez, California 94553 � / / § k b > 0 7 ) 2 ( 0 / { / _ / k % En \ En ) \ � r a n . > % ! « w � @ (n t-14 � q % qct ■ N) rtk/ \ m @ 1p:r f R2 Ob � e . O ` X7 . . » (D . « « § / � ©Ln 7 \ / Q � . . 4 0 \� S k § ct _}t\ 9 ®r t \ A }© } V - `Ing