Loading...
HomeMy WebLinkAboutMINUTES - 11171992 - 1.4 (3) CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT NOVEMBER 17, 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: Unknown Section 913 and 915.4. Please note all 0Warnings"'R11bgIV60 CLAIMANT: BALADAD, Robert A. OCT 19 1992 ATTORNEY: Daniel. Del.l'Osso COUNTY COUNSEL Walkup, Shelby, Bastian, Melodia, Date received MARTINEZ, CALIF. ADDRESS: Kelly, Echeverria & Link BY DELIVERY TO CLERK ON October 13, 1992 650 California St. , 30th Fl.clor San Francisco, CA 94108 BY MAIL POSTMARKED: October 9, 1992 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. gg DATED: October 15, 1992rll Depu yLOR , Clerk II. FROM: County Counsel TO: Clerk of the Board of Supe visors (� This claiui 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: (OC-6 ,t,. �2U ! 99Z. BY: Deputy County Counsel a 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: N O V 17 1992 PHIL BATCHELOR, Clerk, By Deputy Clerk IF 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: N O V%2-U 1992 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator -40Y SUIT a T:) -420.1 � etuao;Tleo aq4 o4 4oaCgns IOU suoT4oe o4 ajgeoTjdde suOT4e4TuLTj ;o se4nge4s aq4 aapun s4L[BTS anTeD1 IT scop sou 40Y SUITeTO 4aoy eTuaO;TjeO aapun SIg6Ta sqT ;o Cue anTeM 40U Saop elSoo ea Aqunoo aqy •uiTela sejnoTlied inoA oI ajgeoTjdde saseo pue se4nlegs oT;Toads aq-4 IInsuoo .MTejo aq-4 ;o aingeu aq-4 uo butpuedap 296 Oj so aa4ao49 aq Aeut pajT; aq 4snux -4Tns goTqM uTgITM OTaad SuOT-4eITULT'[ agy •Ajdde Aeut Jeq-} SpOTaad SUOT4eTu TT 94esedas ago jje puegsaepun o4 jeT4Uassa ST UoTllSa8AUT -4jnsuO3 jebal pue anT4Snegxa IOU ST ISTj anoge aqy •sTejo SIg6Tg TTAT, jeaapa3 ao 'uoT4ounCuT ao snulepue se gons ;eTjaa OT;Toads JO; SUOT40e 'UOT4eUMapuOo UT sUOT40e se gons 43Y SUITej, 4aOl eTuaO;Tj , aqy O4 goeEgns IOU aae goTqM SUITejO 04 djdde IOU Saop BUTUaeM stgy a CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA TO: Clerk, Board of Supervisors g OCT 13 1992 COUNTY OF CONTRA COSTA II 651 Pine Street, Room 106 i __— ---- - Martinez, CA 94553 I�CLERKBOARDOFSUP�t�vl�^��,, CONTRA COSTA CO. � The following claim for damages is hereby made by and on behalf of Robert A. Baladad against you, and each of you, the particulars of the claim being as follows: A. Name and Post Office Address of the Claimant Robert A. Baladad 1930 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 Robert A. Baladad was a resident at 1930 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 his 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, Robert A. Baladad 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 his injuries in an amount presently unascertained and continuing. 3 . As a further direct and proximate result of said matters as aforedescribed, claimant Robert A. Baladad 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 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. 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 his property as a result of the toxins underlying that property in an amount presently unknown and continuing. DATED: October I, 1992 WALKUP, SHELBY, BASTIAN, MELODIA, KE L , ECHEVERRIA LIN By: yj DANIE EL OSSO Attorneys for Claimant CLAIM L 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 NOVEMBER 17, 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: Unknown Section 913 and 915.4. Please note all *Warnings". RECEIVED CLAIMANT: BULLARD, Joseph M. OPT 1 9 1P0 ATTORNEY: Daniel. Del.l.'Osso � Wal.kup, Shelby, Bastian, Melodia, Date received ADDRESS: Kelly, Echeverria & Link BY DELIVERY TO CLERK ON October 13, 1992 650 California St. , 30th Fl.dor San Francisco, CA 94108 BY MAIL POSTMARKED: October 9, 1992 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 15, 1992 IVIl �epu�iyLOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Sapepvfsors 01 This clairti 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: � d �G' �y7�L- BY: 2>e � Deputy County Counsel U U 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 0 ER: 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: N O V 17 1992 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 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 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. NOV -2-0 1992 Dated: � BY: PHIL BATCHELOR by 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 ma,y 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. CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA �r ECEll,V�ril TO% Clerk, Board of Supervisors OCT 131992 'I COUNTY OF CONTRA COSTA 651 Pine Street, Room 106 Martinez, CA 94553 CLERK BOARD CONTRA COSTA DO The following claim for damages is hereby made by and on behalf of Joseph M. Bullard against you, and each of you, the particulars of the claim being as follows: A. Name and Post Office Address of the Claimant Joseph M. Bullard 1930 W. 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 Joseph M. Bullard was a resident at 1930 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, Joseph M. Bullard 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, Joseph M. Bullard, 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 Joseph M. Bullard 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. 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 1-1 1992 WALKUP, SHELBY, BASTIAN, MELODIA, KELL ECHEVERRIA & LINK By: DANIE DE 'O SO Attorneys for Claimant • 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 NOVEMBER 17, 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: Unknown Section 913 and 915.4. Please note all •Warnings". RECRIbI® CLAIMANT: BULLARD, Joseph Michael., Jr. OCTrz V 1992 ATTORNEY: Daniel. Del.l'Osso ;AUNTY coU►SR Walkup, Shelby, Bastian, Melodia, pate received MARTINEZ, CAIIa ADDRESS: Kelly, Echeverria & Link BY DELIVERY TO CLERK ON October 13, 1992 650 California St. , 30th Fl.Oor San Francisco, CA 94108 BY MAIL POSTMARKED: October 9, 1992 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 15, 1992 IVIL �epu yLOR. Clerk 11. FROM: County Counsel TO: Clerk of the Board of Sup ors ( 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: (l9l�e� �C� I�7�1Z BY. C 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 (y) 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:N 0 V 17 1992 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 945.5. 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: NOV 2 0 1992 BY: PHIL BATCHELOR by 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. CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA I `[ECE VE-L�_ I ' T lTO: Clerk, Board of SupervisorspCT g 31992 I I COUNTY OF CONTRA COSTA __ Ll 651 Pine Street, Room 106 I -- CLERK BOARD OF SRJR \ISn�';:1 , Martinez, CA 94553 — CONTRA COSiA.CO_ The following claim for damages is hereby made by and on behalf of Joseph Michael Bullard, Jr. against you, and each of you, the particulars of the claim being as follows: A. Name and Post Office Address of the Claimant Joseph Michael Bullard, Jr. 1930 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 Joseph Michael Bullard, Jr. was a resident at 1930 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 his 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, Joseph Michael Bullard, Jr. 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 his injuries in an amount presently unascertained and continuing. 3 . As a further direct and proximate result of said matters as aforedescribed, claimant Joseph Michael Bullard, Jr. 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 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. 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 his property as a result of the toxins underlying that property in an amount presently unknown and continuing. DATED: October 51 1992 WALKUP, SHELBY, BASTIAN, MELODIA, KELLY ECHEVER & L By: Lz DANIEL LL'OS Attorneys for Claimant �:yo CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA y. Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT NOVEMBER 17, 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: Unknown Section 913 and 915.4. Please note all •warningpICEIVED CLAIMANT: BULLARD, Toni Sue OCT 19 1992 ATTORNEY: Daniel Del.l'Osso COUNTY COUNSEL MARTINEZ, CALIF. Walkup, Shelby, Bastian, Melodia, Date received ADDRESS: Kelly, Echeverria & Link BY DELIVERY TO CLERK ON October 13, 1992 & 10/15/92 650 California St. , 30th Fldor San Francisco, CA 94108 BY MAIL POSTMARKED: October 9, 1992 & 10/13/92 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 15, 1992 JqIL �epp�IyLOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supe cors This clairti 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: r Dated: (���cv.6 (9 gL BY; Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ") This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:N 0 V 17 1992 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sects n 9 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. NOV-2 0 1992 Dated: BY: PHIL BATCHELOR by j, _ 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. } CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA RECENED TO: Clerk, Board of Supervisors OCT 15 1992 COUNTY OF CONTRA COSTA 651 Pine Street, Room 106 ARD OF ER Martinez, CA 94553 CLER CONTRACOS ACO. 0— The following claim for damages is hereby made by and on behalf of Toni Sue Bullard against you, and each of you, the particulars of the claim being as follows: A. Name and Post Office Address of the Claimant Toni Sue Bullard 1930 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 Toni Sue Bullard was a resident at 1930 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, Toni Sue Bullard 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, Toni Sue Bullard 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 Toni Sue Bullard 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. 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 , 1992 WALKUP, SHELBY, BASTIAN, MELODIA, KELLY, ECHEVERRIA & LINK By: DANIEL DELL'OSSO Attorneys for Claimant 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, 30TH FLOOR (415)9817210 JOHN D.LINK SAN FRANCISCO,CALIFORNIA 94108 FACSIMILE RICHARD B.GOETHALS,JR. RONALD H.WECHT (415)391-6965 MICHAEL A.KELLY KEVIN L.DOMECUS JEFFREY P. HOLL DANIEL DELCOSSO MARY E.ELLIOT RICHARD H.SCHOENBERGER OF COUNSEL CYNTHIA F. NEWTON October 14, 1992 WESLEY SOKOLOSKY,M.D.,J.D. ANN M.RICHARDSON RE ElED OGT Is 1992 CLERK BOARD 0�Sl3?EFtVI�n�' Board of Supervisors COINTRA COSTA CO. COUNTY OF CONTRA COSTA 651 Pine Street, Room 106 Martinez, CA 94553 Attention: Jeanie Bosarge Re: CLAIMS AGAINST THE COUNTY OF CONTRA COSTA Dear Jeanie: Enclosed please find the duplicate original and two copies of the following Mrs. Toni Sue Bullard's CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA. Thank you for bringing the error regarding Mrs. Bullard' s name in paragraph A to my attention. Please acknowledge receipt of said claim by dating, signing and returning the copy of the claim and this letter in the envelope provided for your convenience. Very truly yours, Susan Garvey, Secretary to Daniel Dell 'Osso sg Enclosure Yips+ Gla^ SL b1h,&,9e OZ^- ` CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA RECEIVED TO: Clerk, Board of Supervisors I OCT 31992 F C I -- ---� COUNTY O CONTRA COSTA 651 Pine Street Room 106 CILE K BOARD OF SUPERMS . Martinez, CA 94553 CONTRA COS'j%._CO. ___ The following claim for damages is hereby made by and on behalf of Toni Sue Bullard against you, and each of you, the particulars of the claim being as follows: A. Name and Post Office Address of the Claimant Toni Sue Berg u l ldrd 1930 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 Toni Sue Bullard was a resident at 1930 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, Toni Sue Bullard 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, Toni Sue Bullard 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 Toni Sue Bullard 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. 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 , 1992 WALKUP, SHELBY, BASTIAN, MELODIA, KELLY, ECHEVE & LI By: DAN L'O Attorneys for Claimant 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, 30TH FLOOR (415)981-7210 JOHN D.LINK SAN FRANCISCO,CALIFORNIA 94108 FACSIMILE RICHARD B.GOETHALS,JR. (415)391-6965 RONALD H.WECHT MICHAEL A.KELLY KEVIN L.DOMECUS JEFFREY P. HOLL DANIEL DELL'OSSO MARY E.ELLIOT RICHARD H.SCHOENBERGER OF COUNSEL CYNTHIA F. NEWTON October 8, 1992 WESLEY SOKOLOSKY,M.D.,J.D. ANN M.RICHARDSON ///� RECEIVED E© CERTIFIED - RETURN RECEIPT REQUESTED �� OCT 1 3 Clerk, Board of Supervisors CLERKI30ARDOFSUPERVI COUNTY OF CONTRA COSTA CONTRA COSTA CO- 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: yCaJbd - ca' Joseph M. Bullard 8 des ' �d Toni Sue Bul lard✓ ? CjC'0;-r' �Dr T. S• dint erd Robert A. Baladad✓" Joseph Michael Bullard, Jr.,-- Please r.✓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. V ry truly ours, NIEL L'OSSO DDO:sg Enclosures C A � mm o os 2 � f _ 9 m -c 0 A < � REE VEDr1r; i fla a 0 1 51992 I n m z 1 rm- -- 0 D C, OO r (D 1 .V (D 0 0a N HK rt (D IBJ• �� y N fD Ui O wco 0 Co to � H � O J � � � 211 �'�\07`•'1\6y� m na mac. da ilk' ni5 iS c a n� • // 7O • • 1. . 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 NOVEMBER 17, 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: Unknown Section 913 and 915.4. Please note all •Warnings". CLAIMANT: FRENZ, Jessica ATTORNEY: Daniel De I.1'Osso Walkup, Shelby, Bastian, Melodia, .Date received ADDRESS: Kelly, Echeverria & Link BY DELIVERY TO CLERK ON October 13, 1992 650 California St. , 30th Fldor San Francisco, CA 94108 BY MAIL POSTMARKED: October 9, 1992 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. I.YEl�e DATED: October 15, 1992 IVIL BePu yLOR . Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors (�) This clairti 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: 19 92 BY: / Deputy County Counsel v 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: N 0 V 17 1992 PHIL BATCHELOR, Clerk, By RADeputy 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. I AFFIDAVIT OF MAILING I declare under penalty of perjury that I an 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. NOV 2 0. .1992 Dated: BY: PHIL BATCHELOR by 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 Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA RECEIVED TO: Clerk, Board of Supervisors OCT 9 31992 COUNTY OF CONTRA COSTA 651 Pine Street, Room 106 Ian Martinez, CA 94553 CLERK$0"'1-3 DOF SIJERVIS�', C INrs.a C , 1A CO. The following claim for damages is hereby made by and on behalf of Jessica Frenz against you, and each of you, the particulars of the claim being as follows: A. Name and Post Office Address of the Claimant Jessica Frenz 1955 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 May 1, 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 Jessica Frenz was a resident at 1955 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, Jessica Frenz 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 Jessica Frenz 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 f , 1992 WALKUP, SHELBY, BASTIAN, MELODIA, KE L Y, ECHEVERR & LINK By: DANIEL -DEEL'OS O Attorneys for Claimant /• y0 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 NOVEMBER 17, 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 IY below), given pursuant to Government Code Amount: Unknown Section 913 and 915.4. Please note all *Warnings". CLAIMANT: FRENZ, Jaime ATTORNEY: Daniel. Del.l.'Osso Walkup, Shelby, Bastian, Melodia, pate received ADDRESS: Kelly, Echeverria & Link BY DELIVERY TO CLERK ON October 13, 1992 650 California St. , 30th FlOor San Francisco, CA 94108 BY MAIL POSTMARKED: October 9, 1992 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 15, IL BATCHELOR, Clerk 1992 Bl: Deputy 47 II. FROM: County Counsel TO: Clerk of the Board of Supervisors (L-f This clairti complies substantially with Sections 910 and 910.2. { ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: Z BY ,� Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: N 0 V 17 1992 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 wail to file a court action an 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: N 0 V 2-0 1992 BY: PHIL BATCHELOR by 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 o!' limitations applicable to actions not subject to the California Tort Claims Act. CLAIM FOR DAMAGES RECE ED AGAINST THE COUNTY OF CONTRA COSTA OCT 8 31992 i TO: Clerk, Board of Supervisors CLERK n ARD C®s A cO ^ 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 Jaime Frenz against you, and each of you, the particulars of the claim being as follows: A. Name and Post Office Address of the Claimant Jaime Frenz 1955 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 May 1, 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 Jaime Frenz was a resident at 1955 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, Jamie Frenz 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 Jamie Frenz 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 , 1992 WALKUP, SHELBY, BASTIAN, MELODIA, KELLY, ECHEVERRIA & LINK By: /11 ai'li]I � " &'�" DAN 'OS O Attorneys for Claimant 50 A. CLAIM 7 . 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 NOVEMBER 17, 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: Unknown Section 913 and 915.4. Please note all "Warnings". CLAIMANT: FRENZ, Geena ATTORNEY: Daniel. Del.l'Osso Walkup, Shelby, .Bastian, Melodia, Date received ADDRESS: Kelly, Echeverria & Link BY DELIVERY TO CLERK ON October 13, 1992 650 California St. , 30th Fldor San Francisco, CA 94108 BY MAIL POSTMARKED: October 9, 1992 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim, ppHH gg HH DATED: October 15, 1992 Bl'IL DeputyLOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors (_4 This clairti complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (/This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: N 0 V 17 1992 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sect (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 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: AN 2-0 -1992 BY: PHIL BATCHELOR by 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. CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA :EE �� TO: Clerk, Board of Supervisors COUNTY OF CONTRA COSTA O992651 Pine Street, Room 106 Martinez, CA 94553TRK BUPERVI COTA CO. The following claim for damages is hereby made by and on behalf of Geena Frenz against you, and each of you, the particulars of the claim being as follows: A. Name and Post Office Address of the Claimant Geena Frenz 1955 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 May 1, 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 Geena Frenz was a resident at 1955 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, Geena Frenz 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 Geena Frenz 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 1-1 1992 WALKUP, SHELBY, BASTIAN, MELODIA, KELL ECHEVERRIA & LINK By: 0 /"W"y DANIEL D :LL IOS-SO Attorneys for Claimant CLAIM 049 • 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 NOVEMBER 17, 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: Unknown Section 913 and 915.4. Please note all "Warnings". CLAIMANT: FRENZ, Beverly ATTORNEY: Daniel. Del 1.'Osso Walkup, Shelby, Bastian, Melodia, pate received ADDRESS: Kelly, Echeverria & Link BY DELIVERY TO CLERK ON October 13, 1992 650 California St. , 30th Floor San Francisco, CA 94108 BY MAIL POSTMARKED: October 9, 1992 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 15, 1992 ��IL Bep�HtyLOR. Clerk II. FROM: County Counsel TO: Clerk of the Board of Su sors ( 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: tai �6 �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 0 DER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: N 0 V 17 1992 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. *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. NOV 2 0 1992 Dated: 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. i CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA � RECO V�99 r R�E _, ® OCT 13 1992 t TO: Clerk, Board of Supervisors �-- RD cam, CLERK BOARD OF SiJPERlfi. _ �.i COUNTY OF CONTRA COSTA C'0N"RA COSTA CO 651 Pine Street, Room 106 Martinez, CA 94553 The following claim for damages is hereby made by and on behalf of Beverly Frenz against you, and each of you, the particulars of the claim being as follows: A. Name and Post Office Address of the Claimant Beverly Frenz 1955 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 May 1, 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 Beverly Frenz was a resident at 1955 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, Beverly Frenz, 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, Beverly Frenz 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 Beverly Frenz 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. 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 , 1992 WALKUP, SHELBY, BASTIAN, MELODIA, KE Y, ECHEVERRIA & LINK By: DANI DILL'O SO Attorneys for Claimant ` LAW OFFICES OF a 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 6E-0 CALIFORNIA STREET, 301-H FLOOR (415)981-7210 JOHN D.LINK SAN FRANCISCO,CALIFORNIA 94108 FACSIMILE RICHARD B.GOETHALS.JR. 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 8, 1992 WESLEY SOKOLOSKY M.D.J.D. ANN M.RICHARDSON �q� -V "--D CERTIFIED - RETURN RECEIPT REQUESTED OCT 1 3 199? CLERIC BOARD OF SUPERVISIV Clerk, Board of Supervisors CONTRA COSTA CO. 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: Michael Frenz Beverly Frenz— Geena Frenz ✓ Jaime Frenz✓ Jessica Frenz✓ Joey Frenz ✓ 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. V y truly yours, 41 NIEL D 'OSSO DDO:sg Enclosures -vww..w"•."wv (,,,,,,.,w�v""" V� i CO :� \ ` . eL p a �o $ a t� co Zt�SI off' oV s u0`N a� Hyl 4 d1 ti rA f44 Q0 1' Q CA7 \Y t CLAIM 9 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 NOVEMBER 17, 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: Unknown Section 913 and 915.4. Please note all •Warnings". CLAIMANT: FRENZ, Michael ATTORNEY: Daniel. Del.l.'Osso Walkup, Shelby, Bastian, Melodia, Date received ADDRESS: Kelly, Echeverria & Link BY DELIVERY TO CLERK ON October 13, 1992 650 California St. , 30th Fldor San Francisco, CA 94108 BY MAIL POSTMARKED: October 9, 1992 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. HIL BATCHELOR, Clerk DATED: October 15, 1992 `/: 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: C, �7 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 ( /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: N 0 V 17 1992 PHIL BATCHELOR, Clerk, By , Deputy Clerk JOF YARNING (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 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. Nov 2 0 1992 Dated: BY: PHIL BATCHELOR by 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. CLAIM FOR DAMAGES RECEIVED AGAINST THE COUNTY OF CONTRA COSTA �I I I� OCT 0 3 1992 CLERK BOARD _ ,._I TO: Clerk, Board of Supervisors CONTRA COSTA Co._c`' 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 Michael Frenz against you, and each of you, the particulars of the claim being as follows: A. Name and Post Office Address of the Claimant Michael Frenz 1955 W. 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 May 1, 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 Michael Frenz was a resident at 1955 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, Michael Frenz 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, Michael Frenz 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 Michael Frenz 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. 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 11 1992 WALKUP, SHELBY, BASTIAN, MELODIA, KE LL , ECHEVERRIA & LINK By: )aj-�-1 1/1 DANIEL DM OSSO Attorneys for Claimant ' /•yo CLAIM ID, 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 NOVEMBER 17, 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: Unknown Section 913 and 915.4. Please note all •Warnings". CLAIMANT: FRENZ, Joey ATTORNEY: Daniel Del.l 'Osso Walkup, Shelby, Bastian, Mel.odia, pate received ADDRESS: Kelly, Echeverria & Link BY DELIVERY TO CLERK ON October 13, 1992 650 California St. , 30th Fl.dor San Francisco, CA 94108 BY MAIL POSTMARKED: October 9, 1992 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 15, 1992 IVIl dep� yLOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ✓f This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) .Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 6 BY. Deputy County Counsel l III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( 1/I"'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: N 0 V 17 1992 PHIL BATCHELOR, Clerk, By Deputy Clerk AT 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 warnina see reverse side of this notice. AFFIDAVIT OF MAILING 3 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: N 0 V 2 0 1992 BY: PHIL BATCHELOR by 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 Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. CLAIM FOR DAMAGES RECENED AGAINST THE COUNTY OF CONTRA COSTA OCT 131992 , �f CLEM(eBOARDSAF SUPEV1t TO: Clerk, Board of Supervisors CONTRA COSTA c0� 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 Joey Frenz against you, and each of you, the particulars of the claim being as follows: A. Name and Post Office Address of the Claimant Joey Frenz 1955 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 May 1, 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 Joey Frenz was a resident at 1955 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 his 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, Joey Frenz 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 his injuries in an amount presently unascertained and continuing. 3 . As a further direct and proximate result of said matters as aforedescribed, claimant Joey Frenz 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 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. 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 his property as a result of the toxins underlying that property in an amount presently unknown and continuing. DATED: October , 1992 WALKUP, SHELBY, BASTIAN, MELODIA, KELL , ECHEVERRIA & LINK By: DANIEL DErL109SO Attorneys for Claimant CLAIM YO ll. 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 NOVEMBER 17, 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: Undetermined Section 913 and 915.4. Please note all "Warnings CmEIVED CLAIMANT: HELLER, Stacie OCT 1 J 1992 ATTOR14E'i: Larry F. Ho.ldrich, Esq. COUNTY COUNSEL AAARTINEZ, CAUr% 5069 Appian Way Date received ADDRESS: E1 Sobrante, CA 94803 BY DELIVERY TO CLERK ON October 15, 1992 (Via Risk Mgmt) 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 16, 1992 EYIL DeputyLOR, Cler 1I. FROM: County Counsel TO: Clerk of the Board of Supervisors ( L/) 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: A Dated: �� a /��! 2 BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: N 0 V 17 1992 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. *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: N O V 24 1992 BY: PHIL BATCHELOR by 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. JULIE AUNIOCK Larry F. Holdrich OCT 15 1992 5069 Appian Way, El Sobrante, Ca. 94803 510-223-5842 OCT 1 51992 Attorney for Claimant, Larry F. Holdrich CLERK BOAfiD OF SUPERVISORS CONTRA COSTA CO. q,L Claim of Stacie Heller ) CLAIM FOR PERSONAL INJURY AND INJURY TO PROPERTY against ) Rodeo Hercules Fire ) Protection District ) To Chief Pedro Jiminez of Rodeo Hercules Fire Protection District: 1. Claimant, Stacie Heller, whose address is 1640 Esparillo Ct. , San Pablo, Ca. 94806 claims damages from Rodeo Hercules Fire Protection District entity in excess of $5000. 00 for personal property, namely the claimant's vehicle. 2. Jurisdiction over this claim would rest in Superior Court. 3. This claim is based on a collision that occurred between claimants vehicle and a Fire Truck owned and operated by Rodeo Hercules Fire Protection District on March 25, 1992 . Said collision occurred on Turquoise Drive at it's intersection with Sycamore Ave. in the City of Hercules under the following circumstances: The accident occurred when the brakes of the Fire Truck malfunctioned, allowing the vehicle to strike the rear of the claimants vehicle which was stopped at a red light. 4. The public employees who caused claimant's .injury and damage is Orlando Conti. 5. The loss sustained by claimant consists of: Property damage in excess of $5000. Personal injuries: Medical - Claimant is still being treated for her injuries received in the accident and billings for such treatment are not yet available. Pain and suffering - on going. Wage loss - on going. 6. The loss expected., to be incurred in the future can not be determined at this time. 7. All notices and communications concerning this claim should be sent to: Larry F. Holdrich, 5069 Appian Way, E1 Sobrante, Ca. 94803. Date: July 10, 1992 Lar drich - JULIE AI;��'OCK LAW OFFICES OF LARRY F. HOLDRICH OCT 15 1992 5069 APPIAN WAY EL 50BRANTE,CALIFORNIA 94803 FAX (510)223-2498 TEL (510)223-5842 October 13, 1992 Ron Harvey Contra Costa County Liability Claims Manager Risk Management 651 Pine Street, 6th Floor Martinez, CA 94553 Re: Stacie Heller v. Rodeo-Hercules Fire Protection District Dear Mr. Harvey: Enclosed herewith for your records and information is a copy of the claim for personal injury and injury to property filed by my office on behalf of Stacie Heller. Very truly yours, LARGFtY' F. HOLDRICH LFH:ak encl. /.Yc� T CLAIM 19BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the CoJ=k%w-*rict governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT NOVEMBER 17, 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: Unknown Section 913 and 915.4. Please note all "Warnings". CLAIMANT: PII:EDA, Maira Victoria ATTORNEY: Daniel Dell 'Osso Walkup, Shelby, Bastian, Date received ADDRESS: Melodia, Kelly, Echeverria BY DELIVERY TO CLERK ON October 16 , 1992 & Link 650 California St. , 30th F1 . BY MAIL POSTMARKED: October 15 , 1992 San Francisco, CA 94108 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. October 19 , 1992 PpHHIL BATCHELOR, Clerk DATED: Bl : Deputy 1I. FROM: County Counsel TO: Clerk of the Board of Super rs (�) 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: ,d,�p aG /�Jn�. 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: N 0 V 17 1992 PHIL BATCHELOR, Clerk, B Deputy Clerk WARNING (Gov. code s n 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: NOV 2 0 .J�92 BY: PHIL BATCHELOR by i 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. 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. • CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COS RECEIVED E 1®CT 1 61992 TO: Clerk, Board of Supervisors COUNTY OF CONTRA COSTA CLERIC f3oARD OF SUPER 651 Pine Street, Room 106 CONTRA COSTA CC_ Martinez, CA 94553 The following claim for damages is hereby made by and on behalf of Maria Victoria Pineda against you, and each of you, the particulars of the claim being as follows: A. Name and Post Office Address of the Claimant Maria Victoria Pineda 1943 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 May 8, 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 8, 1992 while Maria Victoria Pineda was a resident at 1943 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, Maria Victoria Pineda 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 Maria Victoria Pineda 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 A, 1992 WALKUP, SHELBY, BASTIAN, MELODIA, KE/L,L�Y, ECHEVERRIA & LINK 1 By: DANIELi,L Attorneys for Claimant CLAIM 192ARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the Count 6,( 913 rict governed by) BOARD ACTION the Board of Superv#1141WOA Endorsements, ) NOTICE TO CLAIMANT NOVEMBER 17, 1992 and Board Action. ection 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". CLAIMANT: PINEDA, Manuel ATTORNEY: Daniel Dell 'Osso Walkup, Shelby, Bastian, Date received ADDRESS: Melodia, Kelly, Echeverria BY DELIVERY TO CLERK ON October 16 , 1992 & Link 650 California St. , 30th Fl . BY MAIL POSTMARKED: October 15 , 1992 San Francisco, CA 94108 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. October 19 , 1992 PpHHIL BATCHELOR, Clerk 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: /I:UN .Z{p � �/9 Z BY: A� . <6"IDeputy 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: N O V 17 1992 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. *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. NOV V 2 19qq Dated: 6 BY: PHIL BATCHELOR by 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, action: 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. 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. CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA TO: Clerk, Board of Supervisors �CT 16 1992 COUNTY OF CONTRA COSTA 651 Pine Street, Room 106 CLERK BO-RD0 SUPE- VIS Martinez, CA 94553 CU6VTRA COSTA CC. The following claim for damages is hereby made by and on behalf of Manuel Pineda against you, and each of you, the particulars of the claim being as follows: A. Name and Post Office Address of the Claimant Manuel Pineda 1943 W. 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 May 8, 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 8, 1992 while Manuel Pineda was a resident at 1943 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, Manuel Pineda 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, Manuel Pineda 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 Manuel Pineda 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. 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 fes- 1992 WALKUP, SHELBY, BASTIAN, MELODIA, KELLY, ECHEVERRIA & LINK By: DANIEL DELL'OSSO Attorneys for Claimant 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, 30TH FLOOR (615)981-7210 JOHN D.LINK SAN FRANCISCO,CALIFORNIA 94108 FACSIMILE RICHARD B.GOETHALS,JR. RONALD H.WECHT (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 16, 1992 WESLEY SOKOLOSKY,M.D.,J.D. ANN M.RICHARDSON r fly',,(_ :FE V EC CERTIFIED - RETURN RECEIPT REQUESTED L CT 1 Clerk, Board of Supervisors CLERK BOARD OORS COUNTY OF CONTRA COSTA CONTRA C 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: Manuel Pineda✓ Pamela Pineda Maria Victoria Pined � Melissa Dawn Pineda 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. Ve, y truly yours, I D NIEL DEL 'OSS DDO: sg Enclosures ,a�ott;svrrxart�rM IOU AMP 04 {< G Q! ts v cl ODUM �+ WZ_ o d p cA cn N ao w J Qo ® U Q W V' F L(1y. rA z z vui ° H �4 ca SWWa0 a 4 LO v � ra � ��•�, 0_ W � ¢ O c° c9 6 E,4 U U V YO ,fIVED CLAIM N6 1992 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the, �WtsoubW%istrict governed by) BOARD ACTION the Board of Sup" Obb*,9kNing Endorsements, ) NOTICE TO CLAIMANT NOVEMBER 17 , 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: Unknown Section 913 and 915.4. Please note all "Warnings". CLAIMANT: PINEDA, Melissa Dawn ATTORNEY: Daniel Dell 'Osso Walkup, Shelby, Bastian, Date received ADDRESS: Melodia, Kelly, Echeverria BY DELIVERY TO CLERK ON October 16 , 199,2 & Link 650 California St. , 30th Fl . BY MAIL POSTMARKED: October 15 , 1992 San Francisco, CA 94108 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 19 , 1992 ByIL BATTCHELOR, Clerk ty II. FROM: County Counsel TO: Clerk of the Board of Sup visors 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: C-&* ,4 ZC /99Z_ . 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:N O V 17 1997 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. *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: N O V 2 O 1992 BY: PHIL BATCHELOR by 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. r CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA o I ��T OI 1 I 6 19 ++, 92 TO: Clerk, Board of Supervisors I. P COUNTY OF CONTRA COSTA 10�8��p�'RO C()1NTR/1 CUS7q CC. 651 Pine Street, Room 106 Martinez, CA 94553 The following claim for damages is hereby made by and on behalf of Melissa Dawn Pineda against you, and each of you, the particulars of the claim being as follows: A. Name and Post Office Address of the Claimant Melissa Dawn Pineda 1943 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 May 8, 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 8, 1992 while Melissa Dawn Pineda was a resident at 1943 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, Melissa Dawn Pineda 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 Melissa Dawn Pineda 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 K, 1992 WALKUP, SHELBY, BASTIAN, MELODIA, KE LL , ECHEVERRIA & LINK t By: DANIEL DEL 'OSSO Attorneys for Claimant OCT Z 6 1992 CLAIM AUNTY 0=6AOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA MWINEL CAM Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT NOVEMBER 17 , 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: Unknown Section 913 and 915.4. Please note all "Warnings". CLAIMANT: PINEDA, Pamela ATTORNEY: Daniel Dell 'Osso Walkup, Shelby, Bastian, Date received ADDRESS: Melodia, Kelly, Echeverria BY DELIVERY TO CLERK ON October 16 , 1992 & Link 650 California St. , 30th Fl . BY MAIL. POSTMARKED: October 15 , 1992 San Francisco, CA 94108 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. October 19 , 1992 PpHHIL BATCHELOR, Clerk DATED: BY: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supe rs ( 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: �' a l 9Q BY: ca.a Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( 1�) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of .the Board's Order entered in its minutes for this date. Dated: N 0 V 17 1992 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. *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: N O V 2 0 1992 BY: PHIL BATCHELOR by 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. CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA TO: Clerk, Board of Supervisors OCT COUNTY OF CONTRA COSTA 651 Pine Street, Room 106 Martinez, CA 94553 [::4 The following claim for damages is hereby made by and on behalf of Pamela Pineda against you, and each of you, the particulars of the claim being as follows: A. Name and Post Office Address of the Claimant Pamela Pineda 1943 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 May 8, 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. S. 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 8, 1992 while Pamela Pineda was a resident at 1943 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, Pamela Pineda 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, Pamela Pineda 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 Pamela Pineda 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. 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 1992 WALKUP, SHELBY, BASTIAN, MELODIA, KELLY, ECHEVERRIA & LINK By: _ f(flca '� DANIEL L'OSSO Attorneys for Claimant /YD 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 NOVEMBER 17, 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: Unknown Section 913 and 915.4. Please note all •Warnings". CLAIMANT: SILER, Kerry ATTORNEY: Daniel Del.l 'Osso Walkup, Shelby, Bastian, Melodia, Date received ADDRESS: Kelly, Echeverria & Link BY DELIVERY TO CLERK ON October 13, 1992 650 California St. , 30th Floor San Francisco, CA 94108 BY MAIL POSTMARKED: October 9, 1992 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pp�H{ DATED: October 15, 1992 BY1L BITIRELDR, Cler ky 1I. FROM:: County Counsel TO: Clerk of the Board of S ervisors ( ✓1 This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( 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: N 0 V 17 1992 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. *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: N 0 V 2 0 1992 BY: PHIL BATCHELOR by 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 many 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. y. 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. CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA RECEIVED TO: Clerk, Board of Supervisors j OCT ' 3IV2 COUNTY OF CONTRA COSTA ` 651 Pine Street, Room 106 CLERK BO} Martinez, CA 94553 ;�t®GFSUPERVI CONTRA COSTA CO 1. i The following claim for damages is hereby made by and on behalf of Kerry Siler against you, and each of you, the particulars of the claim being as follows: A. Name and Post Office Address of the Claimant Kerry Siler 1991 W. 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 May 9, 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 9, 1992 while Kerry Siler was a resident at 1991 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, Kerry Siler 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, Kerry Siler 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 Kerry Siler 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. 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 1992 WALKUP, SHELBY, BASTIAN, MELODIA, KELLY, ECHEVERRIA & LINK By: DANIEL DELL'OSSO Attorneys for Claimant r 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 DANIEL J.KELLY TELEPHONE JOHN ECHEVERRIA 650 CALIFORNIA STREET, 301H FLOOR (415)981-7210 JOHN D.LINK SAN FRANCISCO,CALIFORNIA 94108 RICHARD B.GOETHALS,JR. FACSIMILE RONALD H.WECHT (415)3916965 MICHAEL A.KELLY KEVIN L.DOMECUS JEFFREY P. HOLL DANIEL DELL'OSSO MARY E.ELLIOT RICHARD H.SCHOENBERGER OF COUNSEL CYNTHIA F. NEWTON October 8, 1992 WESLEY SOKOLOSKY,M.D.,J.D. ANN M.RICHARDSON CERTIFIED - RETURN RECEIPT REQUESTED � �� �® Clerk, Board of Supervisors I OCT f 31992 COUNTY OF CONTRA COSTA 651 Pine Street, Room 106 08E K130AFID OFSOPERVIS Martinez, CA 94553 CONTli4Cl3STAC0. d 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: Kerry Siler Brenda Vandermeydev-' Megan Siler✓ 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. Ve truly y rsf D IEL 4DEL1OSS; DDO:sg Enclosures Yo ' CLAIM 16 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 NOVEMBER 17, 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: Unknown Section 913 and 915.4. Please note all •warnings". CLAIMANT: SILER, MEGAN ATTORNEY: Daniel Del.l'Osso Walkup, Shelby, Bastian, Melodia, Date received ADDRESS: Kelly, Echeverria & Link BY DELIVERY TO CLERK ON October 13, 1992 650 California St. , 30th Floor San Francisco, CA 94108 BY MAIL POSTMARKED: October 9, 1992 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 15, 1992 IVIL �epu IyLOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This clairi complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: � ���z B 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 R: 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. NOV 17 1992 Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sec n 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. NOV 2 0 1992 Dated: BY: PHIL BATCHELOR by 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. CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA RIE-CENED TO: Clerk, Board of Supervisors OCT 1 31992 COUNTY OF CONTRA COSTA 651. Pine Street, Room 106 { Martinez CA 94553 �RK�OAriDCF STACO. CONTRA C051'A CO. The following claim for damages is hereby made by and on behalf of Megan Siler against you, and each of you, the particulars of the claim being as follows: A. Name and Post Office Address of the Claimant Megan Siler 1991 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 May 9, 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 9, 1992 while Megan Siler was a resident at 1991 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, Megan Siler 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 Megan Siler 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. e 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 -7, 1992 WALKUP, SHELBY, BASTIAN, MELODIA, KELLY, ECHEVERR & INK By: NIEL DELL,0660 Attorneys for Claimant 1, V0 CLAIM )7. 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 NOVEMBER 17, 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: Unknown Section 913 and 915.4. Please note all •Warnings". CLAIMANT: VANDERMEYDE, Brenda ATTORNEY: Daniel Dell 'Osso Walkup, Shelby, Bastian, Melodia, Date received ADDRESS: Kell.y, Echeverria & Link BY DELIVERY TO CLERK ON October 13, 1992 650 California St. , 30th Flclor San Francisco, CA 94108 BY MAIL POSTMARKED: October 9, 1992 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 15, 1992 JJIL BATepu y%LOR. Clerk 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 910.6). ( ) 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: Ge,� W, 1997 BY: �. /C�.Lu 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 0 DER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: Nov 17 1992 PHIL BATCHELOR. Clerk, By �,r 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 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: N 0 V 2 0 1992 BY: PHIL BATCHELOR by 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. i CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA EGOVED TO: Clerk, Board of Supervisors OCT 1 31992 COUNTY OF CONTRA COSTA 651 Pine Street, Room 106 Martinez, CA 94553 CLL-Rt Co a m AC�6� The following claim for damages is hereby made by and on behalf of Brenda Vandermeyde against you, and each of you, the particulars of the claim being as follows: A. Name and Post Office Address of the Claimant Brenda Vandermeyde 1991 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 May 9, 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 9, 1992 while Brenda Vandermeyde was a resident at 1991 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, Brenda Vandermeyde 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, Brenda Vandermeyde 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 Brenda Vandermeyde 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. 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 her property as a result of the toxins underlying that property in an amount presently unknown and continuing. DATED: October 1 , 1992 WALKUP, SHELBY, BASTIAN, MELODIA, K LY, ECHE VE A & NK By: ; DANIEL LL O Attorneys for Claimant ROCEIVE® CLAIM )B. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA OOT 1 G 1 992 Claim Against the County, or District governed by) BOARD ��,,Jv a the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT NOVEMBER 17, 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 IY below), given pursuant to Government Code Amount: Unknown Section 913 and 915.4. Please note all 'Warnings". CLAIMANT: WITHAM, Bl.ake ATTORNEY: Daniel. Dell 'Osso Walkup, Shelby, Bastian, Mel.odia, Date received ADDRESS: Kell-y, Echeverria & Link BY DELIVERY TO CLERK ON October 13, 1992 650 California St. , 30th FlOor San Francisco, CA 94108 BY MAIL POSTMARKED: October 9, 1992 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 15, 1992 IqTL �eP� yLDR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Suke_rmrsors ( "y This claiei 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: �G Q BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( 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. NOV 17 1992 Dated: PHIL BATCHELOR, Clerk, By . Deputy Clerk WARNING (Gov. code section13) 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: N 0 V 2 0 1992 BY: PHIL BATCHELOR by _ Deputy Clerk A— CC: County Counsel County Administrator a 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 Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA EECOVE® TO: Clerk, Board of Supervisors COUNTY OF CONTRA COSTA E 1:3 1992 651 Pine Street, Room 106 Martinez, CA 94553 CLERK BOARD OF SU?EFVI CONTRA COSTA CO. The following claim for damages is hereby made by and on behalf of Blake Whitham against you, and each of you, the particulars of the claim being as follows: A. Name and Post Office Address of the Claimant Blake Whitham 1936 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 June 1, 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 June 1, 1992 while Blake Whitham was a resident at 1936 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 his 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, Blake Whitham 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 his injuries in an amount presently unascertained and continuing. 3 . As a further direct and proximate result of said matters as aforedescribed, claimant Blake Whitham 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 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. 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 his property as a result of the toxins underlying that property in an amount presently unknown and continuing. DATED: October 5 , 1992 WALKUP, SHELBY, BASTIAN, MELODIA, KEL ECHEVERRI & LINK e By: DANIEL DE L'OS O Attorneys for Claimant 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, 30TH FLOOR (415)9817210 JOHN D.LINK SAN FRANCISCO,CALIFORNIA 94108 FACSIMILE RICHARD B.GOETH ALS,JR. RONALD H.WECHT (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 H, 1992 WESLEY SOKOLOSKY,M.D.,J.D. ANN M.RICHARDSONj s €`V E DO) CERTIFIED - RETURN RECEIPT REQUESTED OCT 1 3 1992 OF � Clerk, Board of Supervisors TRK BOARD SUPER COSTA CO, 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: Kenny Whitham ,' Elise Whitham✓ Blake Whitham✓" 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 yours, (aE L OSSO DDO: sg Enclosures i, �6} {•.....7 NJ I Z Cs m V' lu t . Q '�'{ ti OU. q U�vly o t 4OD nj � Er W Z O `� O rA momGlf O S Z u < w u w Q C!1 LO U in 0 >: w o Q p 41 zU 0p (1) � W W o O Z rd 00 4-) U (A J ` LL Ok, a: -f O t'" PQ o N t w in z Y N >q .H .1 xE404 � � ,A �4 —404n rd UUw � 0 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 NOVEMBER 17, 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: Unknown Section 913 and 915.4. Please note all *Warnings". CLAIMANT: WITHAM, El.ise ATTORNEY: Daniel. Dell.'Osso Walkup, Shelby, Bastian, Melodia, Date received ADDRESS: Kelly, Echeverria & Link BY DELIVERY TO CLERK ON October 13, 1992 650 California St. , 30th Fl.csor San Francisco, CA 94108 BY MAIL POSTMARKED: October 9, 1992 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. TC DATED: October 15, 1992 JaIL �epuHtyLOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( o*f This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: /9/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 ( Vf 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: N 0 V 17 1992 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. *For additional warnino 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: N O V 2 0 1992 BY: PHIL BATCHELOR by 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 tine California Tort Claims Act. l CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA RECENED _ TO: Clerk, Board of Supervisors COUNTY OF CONTRA COSTA OCT 1 31992 651 Pine Street, Room 106 Martinez, CA 94553 CLERIC BOARD OF SUPERVI i CONTRA COSTA CO The following claim for damages is hereby made by and on behalf of Elise Whitham against you, and each of you, the particulars of the claim being as follows: A. Name and Post Office Address of the Claimant Elise Whitham 1936 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 June 1, 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 June 1, 1992 while Elise Whitham was a resident at 1936 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, Elise Whitham 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, Elise Whitham 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 Elise Whitham 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. 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 1992 WALKUP, SHELBY, BASTIAN, MELODIA, KELLY ECHEVERRIA LINK By: rL ANI Ld�M S O Attorneys for Claimant CLAIM D� 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 NOVEMBER 17, 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: Unknown Section 913 and 915.4. Please note all •Warnings". CLAIMANT: WITHAM, Kenny ATTORNEY: Daniel. Del.l'Osso Walkup, Shelby, Bastian, Melodia, Date received ADDRESS: Kelly, Echeverria & Link BY DELIVERY TO CLERK ON October 13, 1992 650 California St. , 30th Fl-dor San Francisco, CA 94108 BY MAIL POSTMARKED: October 9, 1992 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 15, 1992 JaIL �epuHtyLOR. ClerE42�a�,v II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ✓� This claimi 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: r Dated: Q�.ase, /6 , /J rZ 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 OR ER: 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: N 0 V 17 1992 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. *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 IB; 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: N 0 V 2 0 1992 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator r 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 riot 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. ,t'`. "•.:9"' 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 Califs-" ' Tort Claims Act. CLAIM FOR DAMAGES .��� AGAINST THE COUNTY OF CONTRA COSTA :w EC Nj [OLCTI199 TO: Clerk, Board of Supervisors L%;L=tLnV&K%SOARD OF SOPERIIICOUNTY OF CONTRA COSTA ONTRA COSTA CO,-_ 651 Pine Street, Room 106 Martinez, CA 94553 The following claim for damages is hereby made by and on behalf of Kenny Whitham against you, and each of you, the particulars of the claim being as follows: A. Name and Post Office Address of the Claimant Kenny Whitham 1936 W. 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 June 1, 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 June 1, 1992 while Kenny Whitham was a resident at 1936 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, Kenny Whitham 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, Kenny Whitham 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 Kenny Whitham 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. • •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 , 1992 WALKUP, SHELBY, BASTIAN, MELODIA, KE Y, ECHEVE & LINK By: DANIE LL Attorneys for Claimant EWS° `1 o _ - R� CLAIM z O�� ,Z 6 1( gQDARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the Cou !A%rict governed by) BOARD ACTION the Board of Supervi o uting Endorsements, ) NOTICE TO CLAIMANT NOVEMBER 17 , 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: Unknown Section 913 and 915.4. Please note all "Warnings". CLAIMANT: WOHLFORD, James ATTORNEY: Scott K. Zimmerman Attorney at Law Date received ADDRESS: 812 First St. , Suite A BY DELIVERY TO CLERK ONOctober 16 , 1992 (Certified) Brentwood, CA 94513-9977 BY MAIL POSTMARKED: October 15 , 1992 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. October 19 , 1992 PpHHIL ATCHELOR, Clerk 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: // 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). 1V. 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:—NOV 17 1992 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. *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: N O V 24 1992 BY: PHIL BATCHELOR by 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 SCOTT K. ZIMMERMAN Attorney at Law 812 First Street - Suite "A" Brentwood, California 94513-9977 Facsimile: (510) 634-0781 Telephone: (510) 634-3571 October 9, 1992 Fol FC E V E D CERTIFIED MAIL OCT 1 61992 RETURN RECEIPT REQUESTED 41 CLERK BOARD OF SUPERVISOIA Contra Costa County Supervisors CONTRA COSTA CO. Clerk of the Board of Supervisors 651 Pine Street, Room 106 Martinez, California, 94553 Re: James Wohlford NOTICE OF CLAIM Pursuant to California Government Code Section 910 Pursuant to California Government Code Section 910, SCOTT K. ZIMMERMAN of the Law Offices of Scott K. Zimmerman, hereby submits a claim on behalf of James Wohlford to the Contra Costa County, Board of Super- visors as follows: A. The name and post office box of the claimant: JAMES WOHLFORD, is as follows: P.O. Box 918, Bethel Island, California, 94511. B. The name and post office box of the person submitting the claim: SCOTT K. ZIMMERMAN, Esq. of the Law Offices of Scott K. Zimmerman, 812 First Street, Suite "A" , Brentwood, California, 94513. C. On or about August 3, 1992 James Wohlford was a passenger in an automobile driven by Leslie M. Rathbone on Willow Road, .2 miles east of Piper Road in the unincorporated area of Bethel Island, Contra Costa County, California, when the vehicle slide off the paved area of the road onto the dirt, eventually striking a tree. The area where the motor vehicle slide off the road way was dangerously defective constituting an unreasonably high risk of harm to James Wohlford. The property described herein was improperly and negligently designed, constructed, repaired, inspected and maintained. Said dangerously defective condition proximately caused James Wohlford's injures and damages when the motor vehicle in which he was a Law Offices of Scott K. Zimmerman Page: 2 passenger struck a tree. D. JAMES WOHLFORD was, is, and in the future shall continue to suffer the long-term effects of the acts or omissions set forth in paragraph C. preceding, to wit: JAMES WOHLFORD has suffered a left leg fracture, laceration in and about the face, body, legs, etc. , bruises, abrasions, and possible concussion, and has had to seek medical treatment for the injury, has suffered and continues to suffer extreme mental anguish, and has suffered other physical and mental injuries, the full extent of which have not yet been ascertained. E. The jurisdiction of this claim would rest in the Superior Court of Contra Costa County. F. So far as is known at the time of filing this Claim, Claimant has incurred damages in excess of $150, 000.00 general and special. October 9, 1992 P T -L ,Y SUBMITTED, SCOTT 57aimant MAN Attorn V C',ul V• O r to, Ln 10O ftp p s � NCTII N V 1 1 1 , t1 1 1 t \ l \ l i , l\ \ \ 1 5 1 �1 1 t� \ \ 1 i 1 t, 1 , , , i �4 \ \ 4 i ,\ l 1 1 \ l 1 1 \ 1 t t t, 1 1 i 1 1 , \ \ 1 l \ 1 1 5 i ti 1 , O N W a w�o c vnO N N N o� HPA H W X IP lk Y I'Z r.. lyt o O `irC. a cars t N AMENDED � CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 771. Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT NOVEMBER 17 , 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: Undetermined Section 913 and 915.4. Please note all "Warnings". CLAIMANT: FARLINGER, Albert Jeff for David Dean Williams 51905 Road 423 ATTORNEY: Oakhurst, CA 93644 Date received ADDRESS: BY DELIVERY TO CLERK ON November 2, 1993 BY MAIL POSTMARKED: October 30, 1992 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: November -5, 1992 IVIL BATTCyELOR, Clerk epu II. FROM: County Counsel TO: Clerk of the Board of Supe rs ( 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: /J Dated: 12— BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. ( ) ' Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: NOV 1 7 1992 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. *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: N 0 V 24 1992 BY: PHIL BATCHELOR by 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. C1 °. to: BOARD OF SUPERVISORS OF CONTRA CCtSTA 00uNTY AMENDED 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 5911.2.) F t 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 To—m. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RE: Claim By RLbe("L- degFar�""gqer and-) Reserved for Clerk's filing stamp AL.bert1�. F �Farl.L^ e.r or% be.i 1-c-' op- 1�av�cl De.a.nWI-M-1CLAa r S v�k-nor tecta-� RECEIVED Against the County of Contra Costa ) NOV - 21992 or ) District) OLERKBOARD OFSUPERVISORS Fill in name ) CONTRA COSTA co. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ is exce.,s �S �.�o and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 2. Where did the damage or injury occur? (include city and county) M0,ALn-P-z_, Contra CAS Cour-k 3. How did the damage or injury occur? (Give full details; use extra paper if required) Carr —cL. C654�u� �n Cens-est .4*t mLnar- C.INUW, t�cUv 6r�d, mean G7��1"�a-rnsd�.c- s� Pr-eer r e s -1=rdrri e, na6ura,L See �ca.che•d.. �S`;.m rr.a.v 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? (over) •auT3 pue quamuosTadnr tpns ugoq Rq JO `000`OT$) saeTTop puesnogq uaq SuTpaaoxa qou ao 9uT3 E Rq 'uosT.Jd agegs agq L: UT quamuosTadmT Rq jo 69ui3 pue guamuosTadmT Bons ggoq Rq Jo `(00013) Puesnogg auo f BuTPaaoxe qou jo auT3 a Rq '.JeaR auo uegq a.Jom qou ao poT.Jad a .JOJ TTEC Rqunoo agq ul quamuosTadmT Rq .zaggla algegsTund sT 'BulgT.JM ao '.zagonoe 'qun000v TTTq `mTsTo 4ugTnpnwj .Jo 9sTe3 Rue 'aulnueS 3T ames agq Red .JO MOTTe og p9zT.Joggne '.zaoT33o Jo pjBoq goTjgsTp ,Jo RgTo 'Rqunoo Rus oq jo 'JaOT3ao .zO p.zeoq agegs Rue oq quauAed ao j jo eoueMoTTe ao3 squasaid 'pnw jap oq quaquT ggTM 'oqM uosaad R,JanS„ k :sapleoid apo0 Teuad agg 3o EL uolgoaS S 2 0 1 1 0 N p-•ON auogdaTay ON auogdaTay 10 inzqvo Gso-'PpV) Ob a.zn is s�q :Z ad QPJJ"IUT -. � � Rau.zoggy 3o ssa,JPPtl PUB ameH u'dT q sTq uo uos,za amos Aq ,zo (RauJOggy) :01 SMIJON QNSS quemTeTo aqq Rq pauSTs aq gsnm mTeTo agy„ mapinoad 29016 'oaS apOO 'nO0 N :R.JnCul .Jo quappm sTgq 3o qun000e uo apem noR sa.mglpuedxa aqg gsTj •6 1v •sTegldsoq pus s.Jogoop 'sassaugTM Jo sassa.zPpe pue samuN •g (•afemep jo R.mCuT anlgoadsoad Rue 3o qunome pagemlgsa agg ePnTPuI). ZPagndmoo anOge pamTeTo qunome agq sem MOH 'L TT •a8emep o-4ne .Joj sequmlgse o ,4 goEggV •pamTeTo se2wep .ao sal.JnCuT 3o, guagxa TTnd aeTO) LpagTnsea mleTo noR op saTinCul jo a8emep gegM •g LfanCuT jo asemep aqq 2uTenso saaRoTdma ao squen.zas 's.zaoT jjo gol.zgslp ao Rqunoo 3o sameu aqg a,JB gex.Uy� •S C�� J c,l�wl rYLQ_►� �Cl�a.✓� ��r��ev�a.nc� (AmEnjDFID) T t CLcLLrn base-d. on 4WPIS-el LI.rk ss "T'R e, r o41-e-r o� 4-e, C k L*,W-,>4 1 L t�-ean n.e.\/ey�- 04t le"o- 1. ;_,n,-6r me cL C� htr dleQ�!-$� co►� CosUX.Lft- . was n�� vr"en cu��od�. c� rn SC-5n, DaWLA DeCA .. SLLpPor� OLn )&VO-VVVS, na or�le_ C�xt Lr - a Y,\ Pk -6�Q5 "4?, L :sen+., a Law -e� I 6n�r Lxjo 10 rl CPA (16E, �et,�o U,l� i1a-� uf`e�. r aa"L6 t ArmA' an 1 � pol a, sk -Amunk-- C.wrt S�S .rri son L wear, �j� s i bt nof � , fit b 344 Fo.�-� e-� i g 4� son, Do-v LA, 17► ea-n Oi LkoxfV5 . • Lot:)s o� ���r � soyl �nc� . . I g n on be vv)'I S- a� 3. kc)65 0P rO e r O-L'Lc�.Icm j;�Y- -e. Son b"t'c' p WIL\-axns . �n be1�aL-F o� 4� �Wer) Ikb-p-r4,- i.n cies c op, 000. o0 J / �J i l � r .. '1 � F 1 � 1 e { � t � .. r 1 � ` � � � ' , l � � 1 • � .. i ., � i � \ - � �, �:. 1 _ '. '. Y i ' �` 1 t` ,t i • OF CONTRA COSTA 000N°rY :.-..�. ,�.. . _._ •;.: :t.:.:.;...: ..80AFtD 0�:-SUPERVISORS„ - ...: ...: -,; :,'.INSTRUCTIONS TO CLAIMANT - ` A. `Claims':relating toruses of action for-death or for.injuty to person or to per- ::somal property or growing crops and Which accrue on or before December.31, -198?, 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 5911.2.) B. Claims must be filed With the Clerk of the Board of Supervisors at its office in Rocas 1069 County Administration Building, 651 Pine Street, Martinez, CA 94553• Ce 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. e * e a e au * e s e e e e • • e • e f e * e e ;It s e e e e e e II: f • ut � e e e e � e uuF RE: Clain B art JQ4- �U er Reserved for C erk's fi ng stamp and A b rt J FarU vtg&Y- on�bet��4� fl l� 1>od J. 'Deo-rte a ►r11 r10 C_ ch �L RRC Against the County of Contra Costa ) OCT 1 61992 or ) 0 ,+o o. ro District) CLERK SO.ARD OF SUPERVISORS Fill in name ) CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ n U=Q� 12 coo oo and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) Apra V , IQ9Z 2. Where did the damage or injury occur? (Include city and county) 3. How did the damage or injury occur? (Give full details; use extra paper if required) Con n-ra C D-s- cL Cor r. Co r\,6'e_a 1 edL_-4 Ve, ml*n o r CKL t CL) l7ava�d,'De�n . urlSe, Sup myy\-arL� 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? ,C4_ e- CLS n u.m6e r 4-kr-e_e s) (over) - . �. What are the names of county or district officers, servants or employees causing the damage or injury? 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. see_ A--t fo- ned Da v% .I-e5 CCa; -e-d_ 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) f IV 8. Names and addresses of witnesses, doctors and hospitals. /v A- 9. List the expenditures you made on account of this accident or injury: DATE ITEM l / AMOUNT Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some 2Eson on his behalf." Name and Address of Attorney - PEP, laimantts igna. ure �I Ro &22 - 42-';Z) Address Oz,khu r5-L, Ca&PCrr<LO,_ q-3Gctq Telephone No. Telephone No.ZOq - �g3- $3 9L, V 1-Tit * * s * NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, 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. " t e _�. --- .......... __ base, on._-4f,,�e, '�,�di, s 0lp • FCx-o © • =;• i C. 0 4 C 0 4 -.Oa.uc v u rdP.d....1,Y1 o • C coo II '' 0 l � C c 1 1.9 Q O.. _ ._i,JcavS._ t . . -- 1- .�c.L CLLL. _LrA r.m.2 �L\/e,r\ ...+G tk5-6d --off -ryiLr Sore OAI i U ,_`� d rD eco -A, - Cor.A-,CCA--a.A1e,, rq- e.r � �"Gtrn�l r 115 SVD ._ � e 'ttom16i V, s o n [Jut 0' 1.CY 1Y1t._. L40 rrno4 torr �,b6�-s . � -��s - 1 .-se.,�-E- cam...._�c�.w.�a ►� -(-� �.o►�__s>r>}. rnn . son_... -� -( .-- -.. . 9 • GC: C ® 0 4 CIC © 1 0 0 C C'`f Cy.. . l- - - ------- ---------------...------- - ---....... --- -- -..__.......... ...._ .... 1�! © • rA.OA -(OVIXLC oL) _. 0 ® 4 1--: �._; C.'i J o • C...C- cry co� - e ® 4 c_ CXIJ 00C L I rs �,.�h�re� ._my so rl (-OV �►� _ . 1'ylo_ l _las _ - - . - CX • L i.-_` ri i i /b A�.:. J � 0 -.�,-- ® . ,cam • ��-� C° • 0 • LC ® t `C I ... .beha 4- a4-_. 4R e., �-a, -e F�l b ex-�-3 ... . ... . I e I OM "a w� 1 t 0- 0 a C x1C. r4 ® I CAC I 0 C,PC �f vo 'wYUYw+mVrrrrruu.ay.vvv+vvwwvw .. 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 NOVEMBER 17, 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: exceeds $25,000 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: FARLINGER, Al.bert Jeff on behalf of David Dean William, Minor RECEIVED 51905 Road 423 ATTORNEY: Oakhurst, CA 93644 OCT 19 1992 Date received COUNTY COUNSEL ADDRESS: BY DELIVERY TO CLERK ON October 16, 199MAKWAXdCAMR.ivered) BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 16, .1992 BYIL �ep�tyLOR, C II. FROM: County Counsel TO: Clerk of the Board of 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: Oe_Z&Ze_ 20 ��/ L BY: Deputy County Counsel V U 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: 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. *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: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator a � 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. ;Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY i 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 §911.2.) i 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: laimB 14l.bert J� FeLrl - Reserved for Clerk's fi ng stamp n A htYrt J t:�F Fa r aU-n -e_r- o o l� 'Dod A 'D eo-r� 6 t tf� c- m ra r eh FR EC INN E Against the County of Contra Costa ) or OCT 16 1992 i ) District) CLERK BOARD OF SUPERVISORS Fill In name ) CONTRA CasTA,CO_Vc-, The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ �� cess a5��o,0o and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) Prjr- Z11 V19-2- 2. Q9Z2. Where did the damage or injury occur? (Include city and county) fnCLrt'L-nez �Cn+ra_ �5--aa Go r+ ------ ----------- -- _�� -----_---- ---__----------------------- 3. How did the damage or injury occur? (Give full details; use extra paper if required) Con4-ro Costa Goux. rn�r\or T)a.vLck.Deco Q'M*'c_rrns U_X\_d12r kse, pre_+e.r\.ce:s -4\,, --------------------------------- J--------- � p ----- - -"-d -G l,W� �Ju-►�►�v ►�r-� -- iia Y- 4. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? �ti1e- cLS nL,"i,6-i- ire e-C3) (over) 5. WHat are the names of county or district officers, servants or employees causing the damage or injury? I Gn+r-A, C0..S{- co U-r\-t -----------------------------------------------------J------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. dee .ln ed . �a. g ------------------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) k ------------------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. KI/ I /q ------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM / AMOUNT Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of Attorney Ja J- ,W * - PEK, laimant's igna ure !Q$057' &Z, ±- 42.� Address C�khu rs:L ab-:P0rn�o� n Telephone No. Telephone No.201 - Vc3- g3 NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, 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. . . . . _._ 4 i5 ClaLn-\, Ls based on 4ese. - 'vvtict�A 5 r 5 e. - o-P Alp- I V 'DV) (,J��.�:.c�.� was w�u.rc1.�ire cL i.,r� S �-e.�•r�b�r; I quo. Lr�4rrrLe o� h2r deaAVN bo G 4-r0. Cos -CA- Cc�t�vt� was Rwty- �L\/er- �G LkS-6,d o� mcr 5a ,fa v d `D eco O� a-e,c-vl�/t, SerJ►c.-es) l-,/1 S i o r\ 01� 0' con'_ Co ST G_. CO U_A-IT �1 1 \ 0 a.rt Dem l►Jt i l l a rAs , no � n e; Looc,,, d rrt e alnti l Ln1 m r rn a�`� i a r a5 4z) h i S wk ere-, &bav_+s . 4t- 4_(*s ( s ! -� Ck. a.wY e r- -ko C6a-6tea Cos (--n- CoLuL.vv4� 40 -(;,-\_ol. au*- 2 Lr4- r WkOA t o A d r\ YVA son `tea+ Kaci (d m a�-; W i et t,,�w(aL no-(- q'i vc- h e arl I n-Porrna4t 6 2L. i er, 1 � i i i Lk GOO-S Un-LL L I a q, 2 4,\-\aA- J�wt v- d OL)c 4-\.Y-oIt-,, �h ear�, rvt Son \,�t c ry c. cAu� r�� 0►1 Yyto t � , I a°l 2. . f i i i f i ► _ i i • /�//b/92 �mo4q-oncx-` als+r't,sS s GL4--,-- r-ect b . , y r\o. uwrol �o:�k-er erg Je - 1'�r 1 -e r- oxxd, 44 e- Ton,-DavkA U ean Viil� ti0..�S i � I r Carte o.Jv�� �M�a r� a rt 5 h i on beha Ae-, �a -e r RLb,e-y+3 gr�t'a -'W O-+"j A� 150n, Do-, JC l�ewn e, n -boLv'I cl. '�Dec7x-� oM ,'awl 5 on b ekcA-P o�- AMENDED CLAIM 010 1 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 NOVEMBER 17, 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: $100,000.00 Section 913 and 915.4. Please note all "Warnings". RIAXIVED. CLAIMANT: MILLER, Joseph CBOT 191992 COU" COUW-EL ATTORNEY: Edward M. Mastrangelo, Esq. MABTNE74 6AU& LaW Offices Date received ADDRESS: 3447 Mt. Diablo Blvd. BY DELIVERY TO CLERK ON October 16, 1992 (hand delivered) Lafayette, CA 94569 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. October 16 1992 EVIL BATCHELOR ClerkZ9&,,,, DATED: Bl: 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: BY:. Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( /)/This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: N 0 V 17 1992 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. *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: N 0 V 24 1992 BY: PHIL BATCHELOR by 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 EDWARD M. MASTRANGELO A PROFESSIONAL CORPORATION EDWARD M.MASTRANGELO 3447 MT.DIABLO BOULEVARD TELEPHONE (510)283-0600 MARGARET BLODGETT LAFAYETTE, CALIFORNIA 94549 FACSIMILE(510)283-0791 RECEVED- October 14, 1992 OCT 619W CLEFIVI + CONTRA COSTA CO. Board of Supervisors - - County of Contra Costa 651 Pine Street, Room 106 Martinez, CA 94553 Re: Joseph Miller v. Contra Costa Water District Dear Clerk: Enclosed please find an Amended Government Code Claim for filing. Please provide me with a stamped received copy in the envelope provided herein. Thank you. Very truly yours, EDWARD M. MASTRANGELO EMM/cl LAW OFFICES OF EDWARD M. MASTRANGELO ( REC E NE 2 A Professional Corporation 3447 Mount Diablo Boulevard I I,� OCT ' 3 Lafayette, California 94569 it 4 Attorney for Plaintiff �CLER—KBOA D OF 71A CO.S RAS C9i�! C�S f CO. Telephone: (510) 283-0600 -- - -- 5 AMENDED GOVERNMENT CODE CLAIM 6 TO THE GOVERNING BODY OF: CONTRA COSTA COUNTY 7 OUR CLIENT AND CLAIMANT: JOSEPH MILLER 8 DATE OF INJURY: April 18, 1992 9 PLACE OF INJURY: Bike path off California Road 10 near Concord Bart, City of Concord 11 DESCRIPTION OF INCIDENT: Claimant was injured while 12 riding his bicycle in the bicycle path off California near the Concord Bart Station when his front bicycle tire became caught 13 in a fissure in the poorly maintained macadam of the bike path causing him to be thrown from his bicycle and sustain serious 14 injuries. Said condition of public property created a trap and a dangerous condition in that it was the same color as the 15 roadway, not marked or painted in any way to indicate its presence in the roadway. There were no signs or warnings of 16 any kind to indicate that the fissure(s) were present in the macadam. The condition was created by the agents and/or 17 employees of Contra Costa County and Contra Costa County had actual and/or constructive notice of the existence of the 18 dangerous condition in sufficient time prior to the injury to have corrected it. 19 NATURE OF DAMAGES: Fractured right clavicle, head 20 injuries. 21 AMOUNT OF DAMAGES: $100, 000. 00 22 ADDRESS TO WHICH NOTICES SHOULD BE SENT: Joseph Miller 23 4036 Hitchcock Road Concord, California 94518 24 25 Date: October 9, 1992 26 Edwar . ffistrangelo, Esq. 27 28 1 1 'L LAW OFFICES OF EDWARD M. MASTRANGELORECEIVE® 2 A Professional Corporation 3447 Mount Diablo Boulevard 3 Lafayette, California 94569 OCT 1 31992 4 Attorney for Plaintiff CLERK BOARD 0 Sl1PERVISORS Telephone: (510) 283-0600 CONTRA COSTA CO. + 5 GOVERNMENT CODE CLAIM 6 TO THE GOVERNING BODY OF: CONTRA COSTA COUNTY 7 OUR CLIENT AND CLAIMANT: JOSEPH MILLER 8 DATE OF INJIIRY: April 18, 1992 9 PLACE OF INJIIRY: Bike path off California Road 10 near Concord Bart, City of Concord 11 DESCRIPTION OF INCIDENT: Claimant was injured while 12 riding his bicycle in the bicycle path off California near the Concord Bart Station when his front bicycle tire became caught 13 in a fissure in the poorly maintained macadam of the bike path causing him to be thrown from his bicycle and sustain serious 14 injuries. Said condition of public property created a trap and a dangerous condition in that it was the same color as the 15 roadway, not marked or painted in any way to indicate its presence in the roadway. There were no signs or warnings of 16 any kind to indicate that the fissure(s) were present in the macadam. The cti Bated by t e t `�dam� 17 employees of -e'er �- and .the GIr? Co�7-� actual and/or constructive notice of the existence of the 18 dangerous condition in sufficient time prior to the injury to have corrected it. 19 NATURE OF DAMAGES: Fractured right clavicle, head 20 injuries. 21 AMOUNT OF DAMAGES: $100, 000. 00 22 ADDRESS TO WHICH NOTICES SHOULD BE SENT: Joseph Miller 23 4036 Hitchcock Road Concord, California 94518 24 25 Date: October 9, 1992 26 ElTwhgird M. strangelo, Esq. 27 28 1 �apP N 7�0 LO 0 Y Aj � o 0 � a Qv �s ¢a O a3 U NU N W O .96 0 0 0 Z4 cc r N 77� 0 u G u m a Q 4 d U w cr- r� W4 ��r O�j' °a a u4- 3a4 o-M j ,y a 410-4 / to Z4 �g APPLICATION TO FILE LATE CLAIM 6 M& OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA COUNS� BOARD ACTION w�cIN84 � NOVEMBER 17, 1992 Applicatiorr-to File Late Claim ) NOTICE TO APPLICANT Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to ) the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911 .8 and 915.4. Please note the "WARNING" below. Claimant: ROBISON, Remey; ROBISON, David Attorney: Mr. Dave Linn Box 9771 Address: Berkeley, CA 94709 Amount: $1 million By delivery to Clerk on October 15, 1992 4 Date Received: October 15, 1992 By mail, postmarked on October 14, 1992 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Applicatio to ile Late Claim. DATED: October 20, 1992 PHIL BATCHELOR, Clerk, By Deputy II. FROM: County Counsel Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). ( ✓f The Board should deny this Application to File Late Cla (Section 911.6). DATED: oe�o "g VICTOR WESTMAN, County Counsel, B 4" 4Deputy III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911 .6). ( VO� This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: NOV 17 1992 PHIL BATCHELOR, Clerk, By 2& Deputy WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediatel . IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: NOV24 1992 PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Admi rator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM OCT 1 51992 CLERKK ROiaFiD OF St1PERVIS0 CONTRA COST&CO. Box 9771 Berkeley CA 94709 510-526-7510 October 14, 1992 Ann Cerulli Deputy Clerk Board of Supervisors 651 Pine #106 Martinez CA 94553 Re: Claim of Remey Robison Dear Clerk: I am in receipt of the notices to claimant of late filed claim which you sent me dated October. 12. The reason that the claim was filed late is set forth in the first paragraph of the narrative, namely, that Ms. Robison repressed these incidents in memory during approximately the first half of 1992. We would request leave to present a late claim on these grounds, which we feel is justified under Government Code section 911.6. Accordingly, I am returning the administrative claim to you for consideration, along with your notice. Thank you for your attention to this matter: if you have any questions, please call me. :t Sincerely, Dave Linn cc: Remey Robison The Board of Supervisors Contra Ce�k ftheBoad and County Administration Building t osta County Administrator C `+ (415)646-2371 651 Pine Wit, Room 106 County nt Y Martinez, California 94553 -- Qq� Tom Powers,t st District ���/ > E Nancy C.Fanden.2nd District Robert 1.Schroder,3rd District ��9L Sunne Wright .yht McPea' 4th�Distri:t r j OCT 1 5 :•t� c Tom Tortakson,5th District 1'•'"� CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. October 12 , 1992 Remey Robison David Robison C/o Dave Linn Box 9771 Berkeley, CA 94709 NOTICE TO CLAIMANT (Of Late-Filed Claim) amended Theyclaim you presented to the Board of Supervisors of Contra Costa County, California as governing board of the County of Contra Costa and/or District, on 1 , in()? has been reviewed by County Counsel and is being returned to you herewith because: Your claim for an injury to person or personal property which arose on or before December 31, 1987 was not presented within 100 days after the -event or occurrence as required by law. (See Government Code Sections 901 and 911.2. ) Your claim for an injury to person or personal property which arose on or after January 1, 1988 was not presented within six months of the event or occurrence as required by law. (See Government code Sections 901 and 911.2. ) Your claim relating to a cause of action other than injury to person, personal property or growing crops was not presented within one year after the event or occurrences as required by law. (See Government Code Sections 901 and 911.2. ) Because the claim was not presented within the time allowed by law, no action was taken on the claim. Your only recourse at this time is to apply without delay for leave to present a late claim. (See Government Code Sections 911.4 to 912.2 and 946.6. ) Under some circumstances leave to present a late claim will be granted. (See Government Code Section 911.6. ) You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so media rely.. �,� PHIL BATCHELOR, Clerk o7 the Board of Supervisors and County Administrator 0By: 9 epuyCe i P") �"' p r. ----tea=..___..�� OCT - 1 1992 CLERK BOARD OF SUPERVISORS CONTRA COSTA Co. Box 9771 Berkeley CA 94709 510-526-7510 September 30, 1992 Clerk of the Board of Supervisors Contra Costa County 651 Pine St. Martinez, CA 94553 Re: Remey Robison v. County Dear Clerk: I recently filed an administrative claim on behalf of Remey Robison. The narrative attached to the claim contained a couple of minor factual errors which Ms. Robison wished cleared up. First, referring to page 2, line 12, the narrative states that Ms. Robison was on Sobrante Avenue. In fact, she had already turned off Sobrante at the time of the incident, and was walking on Joan Vista. Second, at page 1, line 14, the narrative states that Margarite was five years old at the time of that incident. In fact, she was seven. Finally, at page 1, line 18, the narrative states that the female deputy did not say anything to Ms. Robison. This is true. However, the deputy did speak with Margarite, though Ms. Robison did not hear the content of this conversation. Please take note of these corrections, and contact me if you have any questions regarding the claim. Thank you for your atten- tion to these matters. S'ncerely, ave in cc: Remey Robison The Board of Supervisors Contra ClePhil Ba rk of thetchelBoaroc d # and County Administrator County Administration Building Costa Co(415)646-2371 6514Pine St, Room 106 Martinez,California 94553 County TOM Powers,1st District Nancy C.Fanden.2nd District RECOVED Robed 1.Schroder,3rd District Sunne Wright McPeak 4th District Torn Torlaksom 5th District OCT 15 1992 CLERK BOARD OF SUPERVISORS October 12 , 1992 r CONTRA 9OST&_PQ. Remey Robison David Robison C/o Dave Linn Box 9771 Berkeley, CA 94709 NOTICE TO CLAIMANT (Of Late-Filed Claim) The claim you presented to the Board of Supervisors of Contra Costa County, California as governing board of the County of Contra Costa and/or District, on September 23 , 199lias been reviewed by County Counsel and is being returned to you herewith because: Your claim for an injury to person or personal property which arose on or before December 31, 1987 was not presented within 100 days after the event or occurrence as required by law. (See Government Code Sections 901 and 911.2. ) X Your claim for an injury to person or personal property which arose on or after January 1, 1988 was not presented within six months of the event or occurrence as required by law. (See Government code Sections 901 and 911.2. ) Your claim relating to a cause of action other than injury to person, personal property or growing crops was not presented within one year after the event or occurrences as required by law. (See Government Code Sections 901 and 911.2 . ) Because the claim was not presented within the time allowed by law, no action was taken on the claim. Your only recourse at this time is to apply without delay for leave to present a late claim. (See Government Code Sections 911.4 to 912.2 and 946.6. ) Under some circumstances leave to present a late claim will be granted. (See Government Code Section 911.6. ) You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult An attorney, you should do so immediately. PHIL BATCHELOR, Clerk of the Board of Supervisors and County Adm*nistrat By: 4nDepu- ty Cl-eff_ r Claim to BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLADWU 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§911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 1069 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 avainst more than one public entity, separate claims must be .filed. against each, public entity. E.. .Fraud. .See .pepalty for; fraudulent claims,. Penal Code Sec. .72 at the end of this m RE: Claim By ) Reserved for Clerk's filing stamp Remey Robison . ) RECEIVED David Robison ) Against the County of Contra Costa > SEP 2 3 1992 or ) CLERK BOARD OF SUPERVISORS District) 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 $ 1 million and in support of this claim represents as follows:. 1. When did the damage or injury occur? (Give exact date and hour) See attached narrative 2. Where did the damage or injury occur? (Include city and county) See attached narrative 3. How did the damage or injury occur? (Give full details; use extra paper if required) See attached narrative 4. What particular act or emission on the part of county or district officers, servants or employees caused the injury or damage? See attached narrative (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? ' Mike Dunaway, Sheriff's Deputy T ------------------------------------------------------------------------------------ 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. As to Remey Robison: Loss of sanity. Terror, humiliation, hysteria, suicide attempts, depression, institution- alization, loss of will to live. As to David Robison: loss of consort and companionship. ------------------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Remey has lost, among other things, the ability to work productively. ------------------------------------------------------------------------------------- Narnes and addresses of L71 finesses, doctors and hospitals. Partial percipient witness to first incident: Margarite Robison, same as claimant. Virginia Blacklidge MD, 663 Coventry, Kensington. Neil Dickman PhD, 744 Empire #212, Fairfield. Ruben Ruiz MD, 2460 Mission, SF. Gloria Bednik MD, Merritview Psych Wing, Martinez. ------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT See attached bills, Partial listing. Further accounting in progress'.' Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of Attorney Dave Linn - Box 9771 '(Claimant's Signature Berkeley CA 94709 427 Joan Vista 526-7510 Address E1 Sobrante, CA 94803 Telephone No. Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents fo'r 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 thou'sand-*dollars1 (-$10,000, or by both such imprisonment and fine. 1 ' F 1 NARRATIVE 2 REASON FOR FILING OF DELAYED CLAIM: The trauma occasioned by the incidents 3 caused them to be repressed in memory until approximately July of 1992. 4 The claim is timely, pursuant to Code of Civil Procedure section 328(2). 5 Prior to the incidents herein alleged, claimant had no history of mental 6 disease, defect, or disability. Since the onset of the incidents herein 7 alleged, claimant has suffered from extreme depression, suicidal tendencies, 8 fits of rage, sexual dysfunction, hysteria, and has been intermittently 9 institutionalized. Claimant's mental dysfunction symptomatically included 10 amnesia of the incidents. 11 FIRST INCIDENT: JULY 1990: For some time prior to July 1990, claimant had 12 noticed Sheriff's Deputy Mike Dunaway watching her and following her, though 13 at that time she did not know his name. 14 In July 1990, claimant was home in the afternoon with her then five-year 15 old daughter Margarite at 427 Joan Vista, Ek Sobrante. Dunaway came to the 16 door, in uniform, and accompanied by another deputy. The other deputy was 17 female, Caucasian, brown permed hair, brown eyes. This other deputy did 18 not say anything, and did not enter claimant's home at any time. Dunaway 19 claimed that there had been a complaint from a neighbor that Robison was 20 "using too much water on her plants." Claimant denied this. Dunaway asked 21 to come in and use the bathroom, and claimant agreed to let him do this. 22 When Dunaway came out of the bathroom, he had his penis out of his pants. 23 He grabbed claimant by her arm and pulled her down to her knees, where he 24 forced claimant to orally copulate him. Margarite was in the next room. 25 Dunaway did not ejaculate. After awhile he let claimant stop, and he left 26 the house. 27 28 -1- f e.J .. .5.. .... _I ..1.. oil -A! !U . .I.l.._1 I ... v �. ,. .. ...._. .1` . _1�.. .:(il,.. .��... lJ.�_)... 11�. .111.i..l J.��• ....1. \":\,1; .)1 J. t) .. I. � .. � 1:.. ..;t., ...., .. ., �.t ,. .`.i 1. ,.,J.i�..✓: l.,.J �:.i...., ..,.t. 1 SECOND INCIDENT: AUGUST 1991: During the ensuing year, Dunaway continued 2 to watch claimant and her husband. In August 1991, claimant was walking 3 alone in the early evening in Pinole , on Appian Way, in the shopping district 4 Dunaway drove up in a small, light-colored car. He was not in uniform. 5 He ordered claimant to get into the car. Claimant was at this time suicidal, 6 distraught, panicked, and off-kilter as a result of the trauma occasioned 7 by the incident of the previous year. She complied with Dunaway's order to 8 get into the car. He drove her to Rancho Road, in a secluded area, and 9 again forced her to orally copulate him. Again, he did not ejaculate. 10 After a few minutes, he allowed her to stop, and he drove her to a school 11 near her home in El Sobrante, and . let her out of the car. 12 THIRD INCIDENT: DECEMBER 31, 1991: Claimant was walking on Sobrante Avenue 13 in the early evening, on her way home with a small bag of groceries. Dunaway 14 drove up in a marked police car. He was in uniform. He pulled alongside 15 and opened the passenger door. He motioned to claimant. When she approached, 16 he grabbed her and pulled her into the car. Claimant struggled, and Dunaway 17 put his hand on his gun and threatened her. He stopped the motor and 18 shut the passenger door. He pulled her head down onto his lap and forced 19 her again to orally copulate him. Again, he did not ejaculate, but after 20 a few minutes he permitted her to stop, and allowed her to get out of the 21 car and walk home. 22 23 24 25 26 27 28 -2- ' o- ,• _ .. � . . .....i _. . . . .1 ... . �. : ._ .�. . . . . . . ' _: ... � .: �� � ., � � _1 .... .: i ... � .I t. .. :. ... ,J..1 ... _ �: ,. ....., _ 1 ...��. .I. .. :. _.... _ .. .. .JI... .l .. . _, ,. .. ., . . ... .. , . . .�J � .i. 1 �. .. , � J . .. .... . .. . . � ..� .� i _ .,. ., ., � '._ . .. ... .. .. .1 �, .. .. ... ,. ., .. _ .. ..:., ., ,� , . .. .I ., � .. .. .. _ ,. .. ... . . i... .i .. J . �. ., _ .I. ,.. .. ....J ..... � ....�.. .. .�. .'i _.. J J .. ... _.. J. .i � .i .... .I ..1. .. ... �.�.. ..i _. � .. ... .. .. .. _. .. • � .. . .. �..� i. ...I .. .1 r..._.. .J ' � ... i• ... .. .1� .1 . .. L,•i ..J. �._ .. .. _. J.,..,. .. .t � .. �._ .. i .. .. �. 1 ..1�. ...� • .. . -i�.1 1. � � .� � .i ... .._. J, .l..... .. .1 _. 11391 ®�® of.California THIS IS NOT A BILL. This is a record of how your claim has been handled. Please retain this copy for your income tax records. No additional copy will be provided. ROBISON , D W For assistance call 1- 800-627-8797 . Please 427 JOAN VISTA have your Certificate Number and Group EL SOBRANTE , CA 94803 Number ready. EXPLANATION OF BENEFITS FOR CLAIM 91364-41-0637 SMALL GROUP SERVICES, P. 0. BOX 4444, OXNARD, CA 93031-4444 :NT NAME ROBISON , R.EMEY PROVIDER NAME DOCTORS HOSP OF PINOLE "IFICATENUMBER 566-84-1261 PATIENT ACCOUNT NUMBER JP NUMBER PS003E TOTAL BILLED AMOUNT 830 . 80 EDATE 01-13-92 TOTAL NOT PAID 174 . 62 =FITS PAID TO DOCTORS Hnsp nF PTNniF TOTAL BLUE CROSS PAID SERVICES BILLED BLUE CROSS PAID NOT PAID � MERVICE TYPE OF SERVICE BILLED AMOUNT BASIC OR RIDER MAJOR MEDICAL BALANCE 5-03-91 SUPPLIES 22 . 70 5-03-91 SUPPLIES 26 . 10 5-03-91 LAB TEST OUTPAT 679 . 80 5-03-91 OTHER SERVICE 102 . 20 MED EMERG OUTPAT 656 . 18 174 . 62 TOTALS: 830 . 80 656 . 18 1 174 . 62 )UR SAVINGS BALANCE - Do Not Pay to Blue Cross [FORNIACARE SAVINGS 124 . 62 DEDUCTIBLE APPLIED )ENT BUYER PLAN SAVINGS COPAYMENT HOSPITAL DEDUCTIBLE re not responsible for: 124 . 62 EXCEEDS COVERED CHARGES EXCEEDS BENEFIT LIMIT BER DEDUCTIBLE FOR YEAR NON-ELIGIBLE CHARGES 50 . 00 JCTIBLES SATISFIED FOR YEAR TOTAL DUE PROVIDER 50 . 00 90) 'Your Savings'and `Balance'summarize'Total Not Paid' See Reverse for Explanation. . .y �. BERhEL ` .. �Yi 9470J . I R i X01.2 PATIENT DAVID ROBISON DAVID & REMERvv1JOiN 427 JC. VIS-A 427 JOAN VISTA E c is- ��irc i940-03-1913 ci c n L ��,�.n.�. ` . CA ..,O .,RAhl-E9418 SATE CO:i` UNITS DESCRIPTION PLACE DR AMOUNT INS )2/20/92 oDBADJ 1 DEBIT ADJ ON ACCT . 08 A2 40.00 )1/ 10/92 HCC;'CP HILL/CA_CARE COPAY 1/9/92#2625 OB A2 20.00CR L2/ 13/91 HCC /CP HILL/CA- CARE COPAY 12/ 12/91#2582 OB A2 40.00CR !2/ 12/91 90844 1 INDIV_. PSYCHOTHERAPY OB A2 20.00 L1/21/91 90844 1 INDIV. PSYCHOTHERAPY OB A2 0.00 10/11/91 HCC/CP HILL/CA.CARE COPAY 10/ 10/91#1873 OB A.2 20.00CR 0/11/91 %H/WO HILL W/O NONCAP PER NEIL C RECEIPT OB A2 14.00CR :0/10/91 90844 1 INDIV . PSYCHOTHERAPY 08 A2 20.00 )9/06/91 HCClCP MILL/CA_CARE COPAY 9-5=91 #2410 OE A2 20. COCR J9/05/91 90844 1 INDIV. PSYCHOTHERAPY OB A2 20.00 )8/23.791 HCC/CP HILL_7CA.CARE CO-P"IT 8-2Z.-91 #2437 .08 A2 20.00CR )8/22/91 90844 1 INDIV . PSYCHOTHERAPY Ota A2 :'0.00 8/21/91 HCC/CP HILL/CA.CARE COPAY 8-15-91 #2247 OB A2 46.00CR 8/15/91 90844 1 INDIV . PSYCHOTHERAPY OB A2 20.00 )8/07/91 RETCK 1 RETURNED CHECK #1858 OB A2 20.00 )8/07/91 BADCK 1 RETURNED CHECK FEE ON CK #1858 08 A2 10.00 )7/ 18/91 LC 1 LATE CANCELLATION OB A2 0.00 )7/03/91 RETCK 1 RETURNED CHECK #1858 OB A2 20.00 )7/03/91 BADCK 1 RETURNED CHECK FEE ON CK#1858 08 A2 10.00 )7/03/91 REDEPOSIT RETURNED CHECKS REDEPOSITED #1$.58 08 A2 20.00CR )6/28/91 HCC/CP HILL/CA.CARE COPAY 6/27/91 #2185 OB A2 20.00CR. )6/27/91 90844 1 INDIV. PSYCHOTHERAPY OB A2 20.00 )6/17/91 HCC/CP HILL/CA.CARE CO-PMT ON 6-13-91#217608 A2 20.00CR )6/13/91 9.0844 1 INDIV. PSYCHOTHERAPY : OB A2 20.00 6/11/91 HCC/CP HILL/CA.CARE CO-PMT- 6-.6-91 #2152 OB A2 20.00CR 6/06/91 90844 1 INDIV . PSYCHOTHERAPY + 08 A2 20.00 )6/03/91 HCC/CP HILL/CA.CARE.. CO-PMT 5-2.3-9.1 #2108 08 A2 20.00CR )5/30/91 .LC 1 LATE CANCELLATION 08 A2 0.00 )5/23/91 90844 1 INDIV. PSYCHOTHERAPY OB A2 20.00 )5/09/91 90844 1 INDIV . PSYCHOTHERAPY 08 A2 0.00 )5/06/91 HCC;CP HILL/CA.CARE CO-PMT .-ON 5-2-91#1858 OB A2 20.COCR X5/02/91 9044 1 INDIV . PSYCHOTHERAPY . 08 A2 20.00 )4/26/91 HCC/CP HILL/CA.CARE CO-PMT 4-25-91 #2098 08 A2 20.00CR CONTINUED 10N NEXT PAGE I. c-Yti. YVL, v. . . .. .-.;t= _ �..+'J ._�. i �v �'v UC, ._ .. ._v ..�v�ip - B/ 7 ­-�-• .�i �.��;_)i 1. i-i V I i'� '���'.,, �'` i�L -� 00 _-� — [�I ( ). ,J I i C.. .•..�C r._"1 n.r rte.i - �.1^..J 9 i +. ) r.:J -.'l^� '�^, r} /`�('�/'�1_ U V 3 • 1 1 v l�!' I 1 I l../ •..Y'! L.-• - V I i V 1 .� tl ! 1't+ 1 iJ�Y -1V. l.101✓ ..:V� f'4t L 1� O•i O 1 OC % ' 1 ) i 1( 20-00 �.'{�U!"1 i J'_"•.^.'l�.' .'l✓ A. O ------------------------------------------------------------------------------- ,DO> 0 30> 0 60> 0 90> 0 : 120> 0 TOTAL> 0.00 a ---CENTRAL FINANCIAL CONTROL VASA MASTERCARD AMER.EXP. . ... ..". .:... . ... EXP. 9616 MICRON AVE, 825 C AMT. DATE CREDIT " SACRAMENTOv CA 95827 CARD NO. SIGi N• .:•:..:.;;.�' ., URE PLEASE MAKE SURE THIS ADDRESS SHOWS ON RETURN ENVELOPE E ,RCBtSON.:MARGARITE P G AKEY #33906983 CENTRAL .FINANCIAL CONTROL AROBISON DAVID W 9616 MICRON AVE #825 T427 JOAN VISTA SACRAMENTO, CA 9582.7 REL SOBRANTE, CA 94803 CLIENT UNIT- MESSAGE Y STATEMENT DATE DOCTORS HOSPITAL OF PINOLE 1139 13 01/106/92 TPLEASE RETURN TOP PORTION WITH YOUR PAYMENT T AMOUNT OF IF PAYMENT HAS BEEN MADE PLEASE DISREGARD PAYMENT A REVIEW OF OUR COLLECTION RECORDS INDICATES THAT YOUR ACCOUN' HAS BEEN REPORTED TO VARIOUS CREDIT BUREAUS. RESTORING YOU VALUABLE CREDIT IS CERTAINLY IMPORTANT TO YOU. BY ACTING TODAY9 YOU CAM CONTACT OUR OFFICE TO RESOLVE THI OUTSTANDING DEBT AND CAN RESTORE YOUR CREDIT BY HAVING US INFOR THE CREDIT BUREAUS OF YOUR POSITIVE ACTION. I TRUST THAT YC MILL TAKE ADVANTAGE OF THIS INVITATION AND WILL IMMEDIATEI CONTACT OUR OFFICE. COLLECTION AGENCIES ARE LICENSED AND REGULATED BY THE BUREAU C COLLECTION AND INVESTIGATIVE SERVICES, STATE DEPARTMENT It CONSUMER AFFAIRS, 1920 20TH STREET, SACRAMENTO, CA. 95814. ACCOUNT NO. NAME 33906983 I ROBISON DAVID W PAY NOW OR CALL PRINCIPAL 5216.90 916/369-1655 INTEREST 313. 26 800/537-8161 TOTAL DUE $230.16 ASKFORUNIT # 1139 2 —,CENTRAL FINANCIAL CONTROL VISA MASTERCARD AMER.EXP. EXP. 9616 MICRON AVE 9 825 S AMT. DATE CRED , SACRAMrrJTO1 .CA. 9582 7 CARDINO. IGNX- N.: :::. ...:: ::.:. .. ,. . . TUBE • .. ,....; .. '., .. M 33 9.018 8.5 :.': PLEASE MAKE SURE THIS ADDRESS SHOWS ON RETURN ENVELOPE E: ROBI SON:;REME Y G . A KFY .# 33901.88.5 C'~tJTRAL FINANCIAL CONTROL A ROBI SON RE MEY 9616. MICRON AVE . 5825 T *427 JOANl VISTA SACRAMENTO• CA 95827 .. R EL SOBRANTE, CA 94803 . . CLIENT UNIT a MESSAGE STATEMENT DATE PINOLE EMERGENCY MED GROUP-2 1134 12 01/10/92 TPLEASE RETURN TOP PORTION WITH YOUR PAYMENT'` A - IF PAYMENT HAS BEEN MADE. PLEASE DISREGARD I PYMENT $ THIS HAS BEEN SENT FROM A COLLECTION AGENCY, CENTRAL FINANCIAL:, CONTROL. UNLESS YOU CONTACT OUR OFFICE OR PAY THIS BILL IMMEDIATELY* THIS.". ACCOUNT WILL BE REPORTED TO VARIOUS CREDIT BUREAUS AS ..AN UNPAID..::, COLLECTION ACCOUNT. ,'. IF YOU WISH TO AVOID THIS ACTION, YOU MUST RESOLVE THIS ACCOUNT :;. WITHOUT DELAY. ,. r`. COLLECTION AGENCIES ARE LICENSED AND REGULATED BY THE BUREAU OF.: COLLECTION AND INVESTIGATIVE SERVICES , STATE DEPARTMENT . OF,J CONSUMER AFFAIRSt 1920 20TH STREET, SACRAMENTOs CA* .958140 :a ACCOUNT NO. NAME 33901885 ROBISON REMEY PAY NOW OR CALL PRINCIPAL $61.97 916/369-1655 INTEREST $3.64 800/537-8161 TOTAL DUE $65.61 ASK FOR UNIT l"r 1134 82 HOSPITAL.-I MEDICAL FACILITY. .' VISA :. :AMERICAN EXPRESS ,; .WASTERCARD EXP. AM7 T :,.... uOCTOR-Sn ROSPITAL OF PINOLE . :..,:..; . $ .; •• DATE RENT R t7. .S E CA 94564 P I NOL s SIGNA- : TUBE' r.;,_.., Y,::',::,,-..-::: _....'.,,_.j:;::_:....::......:.`.:.�:•:..,:.;:.:.,...... r: .. , y:. NUMBER:.. 00175951. 3 .i PATIENT:' ' �: .�r1AME:. ► ;;:,,:; R'OBI:�'©.N,`;REMEY :C PLEASE MAKE SURE THIS ADDRESS SHOWS ON RETURN ENVELOPE N . ., ... ..:.. _ a A .. DOCTORS HOSPITAL OF PINOLE. '' IMD .ROBISON R.EMEY C NAS � 427. .JOAN ,VISTA . :I` 2151 APPIAN' NAY .' TNs oDs EL `:SOBRANTE 'CA _94803 PINO�Et CA 94564 .: 'CYCLE ''. .OUT 06104I91 ' ;4bjD4I9I :12118/91 -:'01107/92 NG.OF •.: ;:,: TYPE{?F BILL ^; PATIENT.TYPE ' .ADMITTED DISCHARGED 'DATE OF PiifY4.STMT. STMT.DATE MTS FIN CLASS f fi PLEASE RETURN TOP PORTION WITH YOUR PAYMENT � AMOUNT OF .. i IF PAYMENT HAS BEEN MADE PLEASE DISREGARD �YM�N;'.:.'. 12!18/91 12118!91 ,BALANCE -FORWARD + •' . n PATIE 1T NUMBER ! PATIENT NAME DATE INSURANCE B(LLED $4.26o50 0t�17595131 ROBISON REMEY C IRS#95372065917 FINAL NOTICE- IF PAYMENT IS NOT RECEIVED IN FULL YOUR ACCOUNT MUST BE REFERRED TO A COLLECTION AGENCY 0026 DOCTORS HOSPITAL. OF PINOL 2151 APPIAN NAY 38202/87) `415-724-5000 PINOLE, CA 94564 ro n 14 d 1�0m �+ 0Ln > — in v a, H 4JU3 to o m U41 ro a, •14 sr +r C a ca .4 P avo .nro SSQSIAU3d'I lS-J 0n,.�•;;{�S 133`i� a+.�3 w d �