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HomeMy WebLinkAboutMINUTES - 11241992 - 1.14 CLAIM 6 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) 60Apn erTTn.-- the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT No vem bE r 24, 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: $15 ,000 .00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: FOSTER, Karyn 146 La Espiral ATTORNEY: Orinda, CA 94563 Date received ADDRESS: BY DELIVERY TO CLERK ON October 30 , 1992 BY MAIL POSTMARKED: October 29 , 1992 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. I DATED: November 2 , 1992 JVIL BeP�tyLOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Sup sors (14 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: ��IRGu�Uk �/ } �99L 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 2 4 1992 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code se 13) Subject to certain exceptions, you have only six (6) months from the date this-notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warning see reverse side of this notice. 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 5 1992 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death-or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must .be presented not later than the 100th day after the accrual.of the cause of.. action. Claims relating to causes of action for death or for injury to person or to personal property or growing amps and which accrue on or after January 11 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 Jater,rthan.one..year after .the accrual of the cause of action. . (Govt. Code §911.2.) B'e ' Claims must be filed With the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp �s � ) RECEIVED ) . Against- the County of Contra Costa } IOCT 3 0 1992 or } ' CLERK BOARD OF SUPERVISORS _ District) CONTRA COSTAA,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 $ d 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) 3. How did the damage or injury occur? (Give full details; use extra paper if required) 4. What particular act or omission on the part of county or district officers, serv""an®®ts or employe(e�syaccauuysed the injury or damage? WGA (over) 7. Wnat are the names of county or district officers, servants or employees causing the damage or injury? _________ ----------—-------------—__---_.._----------—__-_________________ 5. What damage or- injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach-two estimates for auto damage. IWI 624, 7. How was the amount elaimed above computed? (Include the estimated amount of any prospective injury or damage.) see a Ae*W _--________.�..M..__�.._____.._...�__..� $. Names and addresses of witnesses, doctors and hospitals. ____—_________ --------- --- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT .,� 0 W* 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.1. Name and Address of Attorney �= J /�C1 imant's Signature f !Y.( 60 (Address) Telephone No. Telephone No.&/Li) ` 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. DATE: October 16, 1992 TO: Whom It May Concern FR: Karyn Foster RE: Auto accident of May 14, 1992 ( in reference to the attached sheet) #3 On May 14, 1992, I was traveling westbound on Highway 4 with Roy Greengrass and June Hardy, in the backseat of their 1976 Oldsmobile , with my seatbelt on . At approximately 6: 15 p .m. , just past Marsh Creek Road, 1 noticed a black BMW stopped in the middle of the road, possibly in the process of making a left hand turn . Fortunately, Roy, who was driving, noticed it too, and slowed down to a near stop. A quick glance in the -rear.- view the -rearview mirror made it apparent that the Bronco behind us was not slowing down . Roy, thinking fast , pulled off to the side of the road. The Bronco hit us nevertheless and then barrelled into the BMW. June and I appeared to be fine , so we hitched a ride with someone as we were on our way to a C.S.F. banquet at Liberty Union High School . #b It turned out however , that I was not fine . On Friday, May 15, I noticed that I was suffering from some lower back pain. I went to Kaiser in Martinez that afternoon and was given a perscription for some pain killers. The real pain , however , didn't occur until Sunday. The pain in my neck , shoulder , and lower back became excruciating. I took some Midol , rested in bed, and trying to ignore the pain , went to work the following day. On my way home , I stopped b;: Antioch Kaiser in the hopes of seeing someone . No such luck . On May 19, I was able to see Dr . Sonnier at Antioch Kaiser . He examined me and said I was suffering from whiplash, a soft-tissue injury which typically occurs about 3 days after an accident . (Prior to this accident, I had been sceptical of people who claimed to have suffered from wh'ip'lash , but the pain I was feeling, was terrible) . The doctor gave me another prescription , some information on lower bac-k- pa °r.;=a��V informed me that these injuries typically heal in four to five weeks providing one doesn't engage in strenuous activity. #7 The doctor also advised me not to settle until I was entirely pain free , which I am not. I followed the doctor's advice ; I didn't engage in activity, and took pills to ease the pain . He was indeed correct and five weeks later, I felt much better . I was extremely relieved as I had been planning a trip abroad for the past year and didn't want a health problem to interfere . The pain did interfere , however . Trainrides were horrible and came to dread having to travel long distances. (I had never suffered from back problems prior to the accident) . I really don't t4ant to settle on a figure at this time as I txiould like to attend physical therapy. My back still bothers me . I don't like having to take pills to combat the pain . /� ♦ ��'v �oo.` cti p�yCOqtqpR,'yre,'r�cd`'Wv'+,•,�O r`<tot[([gy�t�nppp�=rs.. 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CAUF. Claim Against the CA y, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT NOVEMBER 24 , 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: $1 ,063 . 67 Section 913 and 915.4. Please note ail •Warnings". CLAIMANT: H&Y AUTO BODY SHOP 2009 Central Ave. #B ATTORNEY: Alameda, CA 94501 , Date received ADDRESS: BY DELIVERY TO CLERK ON October 21 , 1992 BY MAIL POSTMARKED: October 20 , 1992 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: ' October 26 , 1992 IVIL BAATTCwl "�.. epuYELOR, Cler 1I. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ✓)° This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days.(Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ��� 7,Z, 499 z BY: l 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. BOARDORDER: By unanimous vote of the Supervisors present ( V)/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 24 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. December 1- - 199+2 Dated: _ ' BY: PHIL BATCHELOR byDeputy Clerk CC: County Counsel County Administrator Claim to: BOARD OF SOPERYMRS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLADVNT 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, 19879 must be presented not later than the 100th day after- the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is.against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims,. Penal Code Sec. 72 at the end of this form. RE: Claim By j Reserved for Clerk's filing stamp `( , 010 DOPY SHOP) � I ;Against_the__County-of Contra_.Costa ) JOCT 2 11992 or ) CLERK BOARD OF SUPERVISORS District) CONTRA coSrA 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 , OCa3, and in support of this claim represents as follows: -------------------------------------------------------------—---------------------- 1. - - 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) 3. How did the damage or injury occur? (Give full details; use extra paper if required) P le ba_cK W kPvi_-PGtr -PL Wes 514- W441 4. What particular act or omission on the part of county or district officers, �n,l-.�irreGl+on servants or employees caused the injury or damage? Yno�P�►e-r�' a,� -I�-�' tae►- ✓vv� (over) 5. . 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. Minor A-ce4 domG F4��tse ------------------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) -rht a4 ►n'► o�nt is pureI� lomesed on -Fb e M a�i1' �cr- yfn owh or Vic- e5;-K&Vt-h- hes✓.e. -{b rarAZr, t -w� ��''"' pa✓ hvaPs 9'.9--are -- "ate-P ----AVV Names �►�r. g. Names and addresses of Witnesses, doctors and hospitals. N / A ------------------------------------------------------------------------------------- 9. . List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT * * * * * aE * * * * ISI * If If * Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) orb some person on his behalf." Name and Address of AttorneyA ^ C imar! .t Q Signature X00 C�'T�t'� �• � � Address �,AMeP,A GjA . 4 4,1�'-Ol Telephone No. I Telephone No. C5-10) 5a3 — 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. 2772 Q6 BODY MASTER , °Mak.Peer L Dena No AEpAf F1 LSTIMATI U S As Mlle W No. 9eHal COMPLETE AUTO BODY REPAIRS&PAINT Molar SPECIALIZING IN FOREIGN 6 DOMESTIC Adjustor phone Flle No SINCE 1972 (a 15) 543-0788 Insurance Co. Policy No. 4"BRANNAN STREET,SAN FRANCISCO,CA 94107 Car Owner � i A dress h ne Oc> O FRONT Labor Ps Symbol ILEFT Labor Ports Symbol RIGHT Labor Parts �# Bumper Bumper Brkt. Fender,Fri. Fender,Frt. Bumper Gd. Fender Shield Fender Shield Frt.System Fender MIO . Fander Midg. Frame _ I Headlamp Headlamp Cross Member — Headlsmp Door Headlamp Door Stabilizer Sealed Seem Sealed Beam WANT Cowl Cowl Hub Cap Windshield Windshield Hub 6 Drum poor,Fron Door,Front Knuckle Knuckle Sup. r Hinge Door Hinge Lr,Cont.Arm-Shaft _ poor Glas Door Glass _-- Vent Glass Vent Glass Up.�Cont.Arm-Shaft _ Door Mltlgs. Door Midg. Shook Door Handle Door Handl Spring Center Post Center Post Tie Rod - - - Door,Rear Door,Rear Slowing Gear _ -.-Door Glass Door Glass Bigot Ing Wheel - - --Door Mldg. �— Door Midg. Mom Ringt soaker Panel _ _ Rocker Panel Gravel Shield - Rocker Mfdg. Rocker Midg. Park.Light Floor FloorFrame Frame — Red,Gras _ Oop Lep C Guar.Panel Oust.Panel Ouar.Mldg. Oust.Mld . MMfR� a Guar.Glass 0�jsr.Glass Fender,Rear _' Fender,Rear _ JFREAR ender Mldg. Fender MId .ender Pad Fender PadName Plate Horn umper Q Inst_Panel Bal1l,Sltls ump tf•L, Front SeatSetfle,Lower Bumper Gd. Front Seat Adj.Baffle,UpperGraref Shield Trim Lock Plate.Lr. Lower Panel Headlining Look Piste,Up. --- - - ---- -- - — - Floor -- ---- --- Top — -- -— Hood Top _ - -- .- -- -- - - Tire %Worn Hood Hinge Trunk Light Tube Hood Mldg. _ Trunk Han_o _ Battery Ornament _Taillightt� t Paint Rad.Sup, ~- Nail Pipe U rcont Rad.Core Gas Tank Anti Freeze Frame LABOR HOURS Rad.Hoses Wheat -... --.._-. ....-- - - - - ---- PARTS Fsn Blade Hub& Drum _ --- Fan Belt Axle `- TAX Water Pump --- _Spring - TOTAL Motor Mts- _ _ Clutch Linkage- 00 ----- --- . _.. .. - -- -- GRAND TOTAL s Comments Th 11 Instrument provides that In the event 1f IS neCCaaary to maintain an action or to 0 Ce this Instrument for the repair of this automobile in the hands of an attorney to which ave agreed.I hereby promise and agree to pay,In addition to the amount found due thereunder, a reasonable sum as and for allotney's tees. SIGNED CIRCLED—ITEMS NOT IN TOTAL—IN OUR OPINION ARE NOT PART OF THIS CLAIM A-Align N-News OH-Overhaul SStralghten or Repair EX•Exchance. RC•Rechrome U-For Used Parts H & Y AUTO BODY Data � REPAIR ESTIMATE 970 W. MacArther Blvd. #nice Y..t �' liun�e Yg{yr Oakland, CA 94608 ----� -- , "�- •S � 510 547 - 4146 M! { � eta, T BAR AA164389 ArllVale( - - . . -.__... Phone File No. Inwrartw Co. Policy No, Gar Owner - Addroes !� " W.Phone H.Phone sy"" FRONT Labor _.__....Paris ar�►be1--__._.._LEFT Laker ftris symbol (>410NT Labor rtAa Bumper - _ _.._ Bumper B,kt, - Fentle Fri Fonder.Frt Bumper Gd. _ Fonder Shield Fonder Shield 9n,;rsfern Fentler Mldg. - Fender#1id{�-- _- _ -►+•ere. Frame Heatllamp ! mp -_---- Crort Member H•aalemD poor HaOfam Door Stabilizer _ - - ._ Seiltd seemSealed boom _- whoel - - __� Cowl Hub Cap -- - _ _ Windshield Windshield Hub A Drum poor,Front opt,Front Kn#jCktt Knuckle Sup. Door t HtRQ• Owl Him" Lr.Cont.Arm-Shaft .__--- •_ �-. Door Glass poor Glass Vent G11fs _ Vent Glass Up,Cont.Arm-Shaft poor M1dQs, pgor Mod T Shock Door Handle Door Handle Spring Center Post Center Post TieRod _ - - _. .._.. ._._..__ .__.. _. -. . --- --- DOOr.Raer ,Door,R•tr Steering Goof OOot Giasi Door.Glass, steering Wheel Midg. _ Horn Ring ---- Rocktr Panel pocket Panel Grovel Shield Rocker M+d Rocker Mtd Park,Light Floor Ftool __ _... From* Frame—.. -- Rad.Grills _- Oust PanelOust Penal_ Ouar Midgi_ Ouar_M•d . Windshield Oust Glass Oust Ottst r Fender.Rost Fender,Rear ---__._.-.----._—_-. r- • Finder Mids. Fender Midg, Fender Pad Fender Ptd Nome Plate _ REAR Hots -- — - Bumper _.,. - Inst Panel- - _- -. — Battle,Side Bumpet�dd - ,tr'n Front Seat 1110W Lower Bumper Gd front See,Adi Baffle,Upper Gravel Sh+oid rrtm - Lock Plate,Lr. Lowe_Panel Hsatllinin Leek Plate.Up. _"._. `FrK� rC2f A IF Top Hood Top Trunk Lrd Tito X Worn HOW Min" Trunk Ltoht Tubs NOW Midg Trunk Henol Battery 4 Ornament Tut UQht pa ll 'r'r Red Sup. Tait Pipe Rid Core --'- -�-"Gas Tank --- -- -- .. ---• - Anti Freeze Frame LABOR HOU b Rad Hoses wheel FART* Fen Blade club d Drum Fan Beft Axis TAX Spring - TOTAL Motor Mfg. Clutch Linkepe 004ANO TOTAL S commentsThis insitument provides that In the event it is necessary t0 mainteln an action Of to place this instrument tot the tepst,of this automobile in the vends of an otiotMT 10 which 1 have agreed,t hereby promise and agree to pay.In-addnlon to the amount found due thereunder, e rossonstNe sum to and for attorney's feet. CIRCLED-ITEMS NOT IN TOTAL-IN OUR OPINION ARE NOT PART OF T"15 CLAIM A•Atlgn N•Newi OH Overhaul S Srralghtan or Reptlr EX•EaChangs RG•Rechrome U•Fol Usso Parts i �46 IL Q LT i� c " v 1ivo ;K d (IN d.2 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 24, 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: $40 , 700 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: HARDY, June 92 Shell Place ATTORNEY: Byron, CA 94514 Date received ADDRESS: BY DELIVERY TO CLERK ON October 29 , 1992 Certified BY MAIL POSTMARKED: October 27 , 1992 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: November 2 , 1992 RVIL BATCHELOR, Clerk II. FROM: County, Counsel TO: Clerk of the Board of Su'pVr7lsors ( 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: � / g 9 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 24 1992 PHIL BATCHELOR, Clerk, By Deputy Clerk l t WARNING (Gov, code section 3) 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 5 1992 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator J C,a: to BOARD OF aPERV•ISCRS OF OfltNmip,,�co,s rA COUN;Y A. Clair relating to causes:`of .action for eath .or for. inju - to person or to per- sonal property or growing•'^rops� and which accrue on .or before December 31, 1937 , Hurt be presented not later, tha2i 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 orgrpwing crops and which accrue on or after January 1, 1988; must be presented notl later than six months'after the accrual of the cause of actiPn. Claims relating to any other cause of action dust be presented not later ..than one year after the accrual of the cause of action. (Govt. Code §911.2.) Claim 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 distr+te:t goverred 'by the.Baasd.:,of Supervisors, rather than the County, the rame of It District should be filied. in. D. ! If the claim is against trove than one public entity, :separate claims L-ust be - . _led against each public :entity. F^aud. See penalty for frau3ulent claims, Penal Code Sec. 72 at the end of this form. RZ: Claim By ) Reserved for Clerk's filing stamp RECEIVED Against the. County of Contra. Costa ) QST 291992 or : District} CLERK BOAH'D OF SUPERVISORS x; ) CONTRA COSTA CO. 111 .in name The undersigned claimant hereby ;makes= claim against the. County of Contra Costa or the above-named District in the sun of $ -2 ti C- and in support of this claim, represents as follows: T 1. When did the ., damage or ir��rii= y:oCauyr^+?. �(Give exact,.date and hour) AM l 2. Where did :the damage or `in� and county) ury`:occur? (Incl ude city rn Cam ` X, co�n 3.. How did the damage or, inju r o6ct..*? (Give full details; use extra paper if required) SIC 10q 0.\1a� c�n �- u3c a( � c - . a.cl 0,r . '1�1� A 4.. W.:iat particular act. or oi3Aasion on.the part of ^ounty or district offic rs, (1 seerrvaF ts- or�employees caused the injury or dai*agaa ,: ��p�t1'� Cc�n -i M D: vinat .are tre na^es of ccu.^,v or•district ofS i er , so-vants or eTPloyees caul i.rng he ca:age cr :r,fury? _ . 5. What dam-- -- ---- e or------- �. -17 - g injuries dg you Claim resulted. (hive full extnt of in uries:or d es claimed. Attaah two est mates fbr a[�to yia age. 4�e�`cra� Cgr2 c' b v� a nec` ^moi ieS ,� i r"�o, `�5 Q t ern 6.rY ' � � 7:. How was the'amount claire above computed (ine lide the estimated amount of" prospective injury `� Vie' es � ,�� �� �` '•���n� U .S'�-c0S? ece;�n r3�ug e.S, s user c Rn .9 a r��' cti�o►t���-�y. S+ t� �*Q 0 ,Y'a-e) N=es 'and addresses of Ni.thesses, .doctors and holi`a s. < SSQv`:F` c�,riCu�`c� c �•: CC9. . List 'the expenditures you.. made;;on account of this accident or injury:- DATE ITEM At!OL1NT CSr CRYv-:.Node .Sec. '910:2 provides: . ` The claim'rcut.:be: signed by the claimant SEND NO'fICtc - TO' (Attorney},.; . , or.. by some' .e sor .,on his behalf n Name and':Address of Attorneys, I / Y Clan ' Signat 'S• 4.� � rN 'Telephone' No.. A f' ' �+ P Telephone N� �� 6 N ? Tx C'E' ' Section 72. of the Penal..Code: prl�wides = "! % ; "Every.person who, with 'zriZerit to defraud, presets ,for allowance or for payment to .any .state board ori of.f 'cer, .or to. any eou�€ty, city or district ,board or, officer, authorized to allow7.0er'. the,:same' if gencr�ne, -any false or. fraudulent claim, bill`,' adco�mt, vouched^; Wr'ftihi , is p�nisha.Dle either by%:imt nc�ent in: . the county jail for a period o nQt more.. than ori:°'yeg' by a fine of -not exceeding one thousand_ ($1,004) ; or by,: b:=4. suoh, imprison nt :2nd.,fine, or by imprisonenl '.kn the state .prison, by a fine ,d i�ot exceeding ten:thod dollars ($10,000; or by both .such ,imprison.. nt and Pirie a N o�c° �" �tin �4Ji f!c!'� ,��i��� r� �/✓1 1/_•Y/11I 't,,•i�•f-7e•; far, V f'1 S � r.....' U LnL r a L 4 � 1 D U a 1'•3 I 14 1 CLAIM OCT z 6 1992 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against thestrict governed by) BOARD ACTION the Board of Supee4RSTb� outing Endorsements, ) NOTICE TO CLAIMANT NOVEMBER 24, 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: $259.00 Section 913 and 915.4. Please note all °Warnings". CLAIMANT: HILL, Thomas Devon 235 Arana Drive, #C ATTORNEY: Martinez, CA 94553 Date received ADDRESS: BY DELIVERY TO CLERK ON October 20, 1992 (hand delivered) 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 21, 1992 IVIL BATCYELOR, Clerk epuII. FROM: County Counsel TO: Clerk of the Board of S6perfisors (,/) 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: y G 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 ( 1This 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 24 l9q PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov: code sect13) 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:—NOV 2 5 1992 BY: PHIL BATCHELORby Deputy Clerk CC: County Counsel County Administrator Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAMM 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, 19879 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 x 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• A r 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. t D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp _ ov✓taSva ttl l f RECEIVE® Against the County of Contra Costa ) OCT 2 01992 or ) CLERK BOARD OF SUPERV District) CONTRA COSTA C . Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: ------------------------------ ------ - 1. When did the damage or injury occur? (Give exact date and hour) 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) - ------------&4 4. What particular act or omissi n on the part of county or district officers, servants or employees caused the injury or damage? (over) Wfiat are the names of county or district officers, servants or employees causing r: the damage or injury? --__- -----____-- =� =L- ----------------------------------- 6. What damage or injuries do�l3ob claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. -------------------- 5 = --- --- ---------------------------------------------- How was the amount claimed above Tom uted? Include the estimated amount of an 7. P ( Y prospective injury or damage.) ------------------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. C � � ------------------------------------------------------------------------------------- 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 hLs behalf." Name and Address of Attorney r Claimant's Signature Address Telephone No. Telephone No. 370 —4 �11r 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. r Contra Costa County Detention Facilities INMATE REQUEST FOR PERSONAL PROPERTY REIMBURSEMENT MCDF ❑ MDF ❑ WCDF ❑ WFF THIS SECTION .IS TO BE COMPLETED BY INMATE �IMA�-- NAME: ADDRESS: rlregici f2r, TELEPHONE: (HOME) 76 741-1 (WORK) X)0 How did the loss or damage occur? � TS �gs�s /'✓ ,^ /yI CdI= -710 a,, e-4 f;:, '0.� �� e r«cis � 7 �,�f,� y WG'/��aS"� .`ic'�. ,�eC�i�.SF �e.�� KS r�S SP`7�Lcs;:�- ,,,�c�, -�fl cr.7 ���e.;�;►-� . DESCRIPTION OF LOST OR DAMAGED PROPERTY: Item (Describe fully) Original Purchase Price and A j/ Date of Purchase eS' J- :be-iQc Distribution: Original-Director of Support Services Yellow -Inmate DET 071:FRM Rev. 2/22/91 -.•STATE OF CALIFORNIA .DEPARjMEN.T OF CORRECTIONS - DISTRIBUTION - ORIG: Inmate (White) - _ . cc: Property y) PROPERTY AND CASH RECEIPTS ARRIVAL Trust Office (Pink)- Central File (Green) INMATE'S NAME . NUMBER - CASH PLACE NMATE'S ACCOUNT HIL�� +>I1S &-23389 _ DISPOSITION CODE: `K=KEPT IN POSSESSION (WATCHES,RINGS, AND METALT VALUED LESS THAN $30) M=MAIL' _D=DONATED S--HELD IN SAFE V=VAULT QUANTITY ARTICLES DISP. ':QUANTITY = -ARTICLES DISP. QUANTITY ARTICLES DISP. BELT SUIT DENTURES BLOUSE SWEATER 'DRIVER'S LICENSE CAP TANK TOP EYEGLASSES COAT UNDERWEAR KEYS DRESS HAW_DKERCHIEF HAT EGAL PAPERS MEDICAL ID JACKE� LETTERS MISC.-ID NECKTIE CAR PHOTOS MARK. CERT. " OVERCOA PURSE BIRTH CELT. PAJAMAS " BILLFOLD 'SEL.SER CARD PANTS/SLACK BOOKS SOC. S . CARE) SHIRT BIBLE RELIG US MEDALS SHOES DICTIONARY AIN SHORTS SU GLASSES SKIRT W TCH SLIPPERS COIN SOCKS CURRENCY STOCKINGS - CANTEEN DUCAT :DESCRIPTION OF ITEMS ALLEGED-BYANMATE TO HAVE A VALUE OVER $30 - - - DESCRIPTION OF ITEMS "TO BE DESTROYED" - • - - - - PARTICLES LISTED AS -MAIL" ABOVE ARE TO BE FORWARDED TO: - - 'ADDRESS - - NAME - CITY - ., _ STATE AND ZIP CODE CLAIM AND RELEASE 1 relinquish all claim to the'articles listed above as "Donated', and hereby acknowledge receiptlof - articles listed as"Kept.in Possession".-The above is a correct_inventory of personal property in` y ` ossession at the time of admission. -SIGN#TiiR£- INMAT _ D -' 6-92 WITN.ESSIN6 FILER l hereby authorize destruction of articles listed above as "'To be,Destroyed'. SIGNATURE OF INMATE DAT-E - : WITNESSING OFFICER - - I hereby acknowledge receipt eof the articles listed above as ''Held in Safe" which was given to me upon my release from the institution. ' SIGNATURE OF INMATE .DATE WITN ESSING OFFICER - -104 (REV.AJ771' a8 88990 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BnARn AC?„" the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT November. 24.;..,19.92-- and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unspecified Section 913 and 915.4. Please note all "Warnings". CLAIMANT: PLUMMER, Marcie/ The Presad Company, Inc . 123 Erselia Trail ATTORNEY: Alamo, CA 94507 Date received ADDRESS: BY DELIVERY TO CLERK ON October 27, 1992 BY MAIL POSTMARKED: October 26 , 1992 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: November 2 1992HHIL BATCHELOR, Clerk Y: Deputy II. FROM: County Counsel TO: Clerk of the Board of Su isors (/) 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: //iritr,« (iGr 7 BY: Deputy County Counsel T 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 VKThis 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 24 1992 PHIL BATCHELOR, Clerk, By Deputy Clerk J ` 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 25 1992 BY: PHIL BATCHELOR by ­0 Deputy Clerk CC: County Counsel County Administrator Clair. to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLADMA!NT 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. Claim,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_tban..one,year.-after .the accrual of .the cause of action*, (Govt.",Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, ratherthan the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal, Code Sec._., 72 at, the end of this form. RE: Claim By' Reserved for Clerk's filing stamp RECEIVED Against the County of Contra Costa QCT 2 7,1992 or CLERK BOARD OF SUPERVISORS District) 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 $ 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) 3. How did the damage or injury occur? (Give full details; use extra paper if required) ctcV_ ck- u ft-p +r(A L "q- Lo ----—--- 4. What pa ticular act or omission on the part of county or district officers, servants or employees caused the injury or damage? okrec�t V�C)A e_ ()Ck- 6\V30_eA c 0--m in 0a�­-4ke, 6__Lc�_ (over) �. wnat are the names of county or district officers, servants or employees causing the damage or injury? q6 i 5. What damage or ijuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. \Oro � MVV\ Sh\,V--W 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) $. Names and addresses of witnesses, doctors and hospitals. _—__________®____________________ 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 _Claimaqt s Signature Address Telephone No. Telephone No. � 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. r PHYS CAL DAMAGE REPORT N° - -4731 NAME ` DATE ADDRESS /�' 1 V� ` L + CIT /�I S P / M6D YEAR MAKE C G1PHONE J WORK PHONE p� HOW DID YOU FIND OUT ABOUT US? O YELLOW PAGES ❑ DRIVE BY LVEFERRAL �G G�G19�/CS ❑ OTHER,WHAT ❑ REPEAT CUSTOMER ❑ BUSINESS ASSOC.WHOM? INSURANCE CO. APPRAISER APPRAISER'S PHONE CLAIM NO. VIN# PRO.DATE /'/10;4 Q* J fr e V a .s om w,•we _ .. a ..., v.via .4..-.e m m.,,.:_' x m n°e v. v .,a;. . =wc. e: ..,x y an, 2 // // 9k ed `/L 3 v �� Ax — 4 9 L A0 :Z 5 ✓ S 5 T� r . 6 a 7HI 8 s io q m w 12 13 14 15 77 e _ e,�e 16 17 18 19 �w 20 21 22 23 24 s��a 5 a 25 26 27 28 29 TOTAL ko,--S' I hereby authorize the above work and acknowledge receipt of copy. 120 PARTS PRICE HRS. $ SIGNED X DATE 102 BODYLABOR xr ' 104 FRA MELABOR HRS $ $ i 03 m PAINT LABOR HFtS $ °, = zc 101 H glut 1ea� 1O ® MECH.LABOR HRS - $ (ih ® 175 SUPPLIES $ V•' * "� 130 SUBLET $ ZE �s 134 TOWING $ "WE SPECIALIiN p'ECTION" misc. $ 1225 Parkside Drive Wanut Creep CA 9456 934-5424 3 850 TAX ]s— $ 0 J TOTAL $ /// lti fornia Auto�o r "We Specialize in Perfection" Gerardo (Gary) Maldonado 1225 Parkside Drive (510) 934-5424 Walnut.Creek, CA 94596 ti I 1 t r� Dc- ,5 c3 rIn CZ f d0 `� tJ,j r�U, RECEIVED v CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA N Q V 3 1992 Claim Against the County, or District governed by) 8 � T the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT November ;24, and Board Action. All Section references are to ) The copy of this document mailed to you t.- 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: SOUTHERN PACIFIC TRANSPORTATION COMPANY ATTORNEY: Cecelia c. Fusich Roberts, Feeney., Patterson Date received October 30 , 1992 ADDRESS: and Fusich BY DELIVERY TO CLERK ON Southern Pacific Building hand delivered by Counsel One Market Pla7ta, Ste. 200 BY MAIL POSTMARKED: San Francisco, CA 94105 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: November 2 , 1992 gVIL BAATTCHELOR$ rk II. FROM: County Counsel TO: Clerk of the Board 61 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 fired. 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: /0 Dated: 0'�*ti"` / / 2 �• Deputy County Counsel BY: 1II. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as$Lntimely with notice to claimant (Section 911.3). IV. BOARDORDER: By unanimous vote of the Supervisors present 0, ) 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 24 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 cp'urt 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 Q V 2 5 1992 BY: PHIL BATCHELOR byn&;�2�__Oeputy Clerk CC: County Counsel County Administrator 1� 1 • CONFIDENTIAL COUNTY COUNSEL'S OFFICEnOF CONTRA COSTA COUNTY MARTINEZ, CALIFORNIAMEMORANDUM CnI�TRA COSTA CO. Date: October° 30, 1992 TO: Clerk of the Board of Supervisors, Jeanne Maglio FROM: Victor J. Westman, County Counsel By: Gregory C. Harvey, Deputy County Counsel RE: Claim for damages against Contra Costa Redevelopment agency by Southern Pacific Transportation Company. Attached is a claim received by our office in the mail on October 30, 1992 . 1 CECELIA C. FUSICH BAR NO. 139781 C, ROBERTS, FEENEY, PATTERSON & FUSICH rRECENED 2 Southern Pacific BuildingOne Market Plaza, Suite 200 3 San Francisco,' CA 94105 1992 Tel: (415) 541-2046 4 CLERK BOARD OF SUPERVISORS 5 C_QNTRA COSTA CO- 6 CLAIM FOR DAMAGES AGAINST: 7 CONTRA COSTA COUNTY REDEVELOPMENT AGENCY 651 Pine Street 8 Martinez, CA 94553 Attention: Vic Westman, County Counsel 9 10 RE: CLAIM FOR INDEMNITY 11 On behalf of the claimant SOUTHERN PACIFIC TRANSPORTATION 12 COMPANY ( "Southern Pacific" ) , through its attorneys, the following claim arising out of contamination of the real property described 13 below and formerly owned by the Southern Pacific is submitted: 14 (a) The name and post office address of the claimant: 15 SOUTHERN PACIFIC TRANSPORTATION COMPANY One Market Plaza, Room 200 16 San Francisco, CA 94105 Attention: Cecelia C. Fusich 17 (b) Correspondence regarding this claim may be sent to: 18 CECELIA C. FUSICH 19 ROBERTS, FEENEY, PATTERSON & FUSICH Southern Pacific Building 20 One Market Plaza, Suite 200 San Francisco, CA 94105 21 (c) The date, place and circumstances of the occurrence or 22 transaction which gave rise to the claim asserted: 23 On or about August 12, 1992, plaintiffs Helix and the Contra Costa Redevelopment Agency ( "Redevelopment 24 Agency" ) sued the Southern Pacific, claimant, located on property owned by Helix and/or the Redevelopment Agency. 25 At that time, claimant learned that the property was contaminated by volatile organic compounds and various 26 petroleum hydrocarbons. Premises owners made demand from claimants for reimbursement for costs of clean up and 27 remediation due to the contamination. 28 TAT:\CCF\HELIAP\MDNEY.DAM] 1 1 As a current owner, the Redevelopment Agency is liable under applicable California and Federal statutory laws 2 and under the applicable common law. 3 (d) A general description of the indebtedness, obligation, injury, damage, or loss incurred so far as it may be 4 known at the time of presentation of the claim: 5 The owner of the premises has demanded from claimants reimbursement for the costs of investigating, monitoring, 6 remediation for the contamination as well as damages for reduction in real property value, attorneys' fees and 7 costs. (Please see attached Summons and Complaint marked as Exhibit A) . 8 (e) The names of the public employees causing the injury, 9 damage or loss: 10 The names of any responsible public employees are not known at this time. 11 (f) The amount claimed, as of the date of presentation of the 12 claim, including the estimated amount of any prospective injury, damage or loss, insofar as it may be known at the 13 time of the presentation of the amount claimed: 14 Exact amount of the damages is not known, at this time. Southern Pacific Transportation Company's claim is for 15 contribution and/or contractual, equitable, and implied indemnity for any and all amounts which it is required to 16 pay as a result of any settlement or judgment in said action. 17 (g) The Complaint was first- served on Southern Pacific on 18 August 12, 1992. Thus, this form is filed within six months in compliance with Government Code section 911.2. 19 I, the undersigned, declare under penalty of perjury that I 20 have read the foregoing claim for damages, and know the contents thereof;- that the same is true of my own knowledge and belief, save 21 and except as to those matters wherein stated on information and belief, and as to them, I believe it to be true. 22 Executed on the 28th day of October, 1992, San Francisco, 23 California. 24 25 CECELIA C. FUSICH 26 Attorney for Defendant SOUTHERN PACIFIC TRANSPORTATION 271 COMPANY 28 TAT:\PT\HR1X\P\MNEY-DM1 2 Lk. P. 03 =94 TUE 12;44 t r .,t rr.t r ♦ � �� ' a ti'-evc 27 = Ali tr •rt ul77s t roti alta [3{•��+ •-•� r� ! 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Sr �r rt)f,. ntuau 11.0!.4 Iu.la/a ^AM � ,►[f,Ia (/�^�} lnria t .a.Yhlq (' r rrriflat t .,IfDt 1 !°n N • A tiRR»1p yi•.+tralrOle/ V ~� t0 xt +wttatr r 1.x11. t t N[.w-•![ ss 1}� /aJ h/tRRRf. •� J2 t �{rt•xx31 1 2S � f••tti't S * L f p � ❑ ,r,tlx I J 1 DECLARATION OF SERVICE BY MAIL 2 3 I, THELMA A. TANNIS, do hereby declare: 4 I am employed in the City and County of San Francisco, California, my business address is Southern Pacific Building, One 5 Market Plaza, San Francisco, CA 94105, and I am not a party to this action. On this date I served: 6 CLAIM FOR DAMAGES AGAINST CONTRA COSTA 7 COUNTY REDEVELOPMENT AGENCY 8 X by placing a true copy thereof enclosed in a sealed envelope with postage, certified and return receipt requested, thereon 9 fully prepaid with in the United States mail at San Francisco, California addressed as follows: 10 Contra Costa County Redevelopment Agency 11 651 Pine Street Martinez, CA 94553 12 Attention: Vic Westman, County Counsel 13 I declare under penalty of perjury that the foregoing is true and correct. 14 Executed on October 28, 1992 at San Francisco, California. 15 16 17 THELMA A. TANNIS 18 19 20 21 22 23 24 25 26 27 28 •_ 0 F..?v.5/951 Summons in a Civil Action11 LT IP xttj,�� f�� tzttt ► zzlxx NORTHERN DISTRICT OF CALIFORNIA DANIEL C. HELIX, MARY LOU HELIX, SAMAUEL P. YOUNG, ELIZABETH YOUNG, SHEILA BRUTOCO, Ory+AOO JOHN V. HOOK, GENEVA B. HOOK, JOHN V. HOOK SUMMONS IN A CIVIL ACTION AND STEVEN PUCELL, AS CO—TRUSTEES UNDER THE WILL OF MILDRED A. HOOK, AND THE CONTRA COSTA COUNTY REDEVELOPMENT AGENCY, CASE NUMBER: C 922312 DLJ V. (SEE ATTACHED) TO:(r+ama and Address of Defendanl) YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court and serve upon PLAINTIFF'S ATTORNEY(name and address) JAMES L. JAFFE, ESQ. , 7#053811 (415) 397-9006 GARRETT L. WONG, ESQ. , X108152 JAFFE, TRUTANICH, SCATENA & BLUM 250 Montgomery Street, Suite 900 San Francisco, CA 94104 an answer to the complaint which is herewith served upon you, within 2n days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. � RICHARD W. `N1EfING v; ; ' ig92 CLERK DATE ur-RANGES VV'e>i..SO N BY DEPUTY CLERK SOUTHERN PACIFIC TRANSPORTATION CORPORATION; SOUTHERN PACIFIC PIPE LINES, INC. ; HERMAN J. TIJSSELING ENTERPRISES ; TITRA CORPORATION; BOB ANDREW DBA CALIFORNIA TRACTOR; ART BERGER, DBA GRANITE TRANSPORTATION; CALICO LUMBER COMPANY, INC. ; JOAN CASSIDY, DBA HARDWOODS UNLIMITED; JOHN CASTLE DBA ANTIQUE WAREHOUSE AND BLANCHE CASTLE DBA ANTIQUE WAREN; ISE; JOHN DAVIS, DBA JOHN DAVIS -i ASSOCIATES ; JOHN DEBEAUMONT) AND ALBERT DEBEAUMONT, DBA TRI- CITY CONCRETE; ET MADS; PRIMO FACCHINI; RICHARD BEIL; JOSEPH FOUST, DBA JOE'S SAW; MITCH GIORVAS, DBA GIORVAS LANDSCAPE; MIKE HALL, DBA JOHN BULL AUTO; KEITH HANDY; DBA ANCHOR ROOFING; J.D. HARNEY` DBA J.D. HARNEY, INC. ; BYRON T. HORN, DBA B&D TOWING; KEVIN AUREDEN, DBA B&D TOWING; RICHARD VALLES, DBA B&D TOWING; CHRIS LEADERICH, DBA C&J AUTOMOTIVE; RANDY LEVITT, DBA AMERICAN TOW,* MANNING LOPEZ, DBA ARROW VAN & STORAGE; DANNY MANFIELD, DBA GRAND PRIX AUTO; JACK NESTOR, DBA JACK'S AUTO BODY; ORINDA TOWING CO. ; ELIZABETH PEARSON, DBA PEARSON LUMBER; LEO BARSOCC*TINI1, GARY DE BENEDETTI; ) ,- SAN CARLOS SHEET METAL WORKS, INC. ; ) DAVE SOUSA, DBA !IINLAND MASONRY; EDWARD VANEK AND NATHAN VANEK DBA FOSTER FARMS DAIRY; JOHN WILDER, DBA CUSTOM DESIGN CABINETRY; MAX WINNIE, DBA� DIMENSIONS, UNLIMITED; BOB WINNIECKI, DBA BOB'S AUTO BODY; AND STEVEN WOODWARD, DBA ARROW GARAGE, (ATTACHMENT) 1 JAMES L. JAFFE, ESQ. , #053811 ORIGINAL GARRETT L. WONG, ESQ. , #108152 F 1 L E D 2 JAFFE, TRUTANICH, SCATENA & BLUM A Professional Law CorporationJUN 1 4 1992 3 250 Montgomery Street, Suite 900 San Francisco, California 94104 RICHARD W. WIEKING 4 415/397-9006 CLERK, U.S. DISTRICT COURT 5 Attorneys for Plaintiffs Daniel C. NORTHERN DISTRICT OFCAUFORN61 Helix, Mary Lou Helix, Samuel P. 6 Young, Elizabeth Young, Sheila Brutoco, John V. Hook, Geneva B. 7 Hook, and John V. Hook and Steven Pucell, as Co-Trustees under the 8 Will of Mildred A. Hook and the Contra Costa County Redevelopment Agency 9 SHARON L. ANDERSON 10 Deputy County Counsel County of Contra Costa 11 P.O. Box 69 Martinez, CA 94553 12 Attorneys for the Contra Costa County 13 Redevelopment Agency 14 IN THE UNITED STATES DISTRICT COURT 15 FOR THE NORTHERN DISTRICT OF CALIFORNIA 16 DANIEL C. HELIX, MARY LOU HELIX, ) CASE NO. C922312 DLJ 17 SAMUEL P. YOUNG, ELIZABETH YOUNG, ) SHEILA BRUTOCO, JOHN V. HOOK, ) AMENDED COMPLAINT FOR 18 GENEVA B. HOOK, JOHN V. HOOK ) DAMAGES, DECLARATORY RELIEF AND STEVEN PUCELL, AS CO-TRUSTEES ) AND DEMAND FOR JURY TRIAL 19 UNDER THE WILL OF MILDRED A. HOOK, ) (42 U.S.C. §§ 9607, 9613) AND THE CONTRA COSTA COUNTY ) 20 REDEVELOPMENT AGENCY ) 21 Plaintiffs, ) 22 V. ) 23 SOUTHERN PACIFIC TRANSPORTATION ) CORPORATION; SOUTHERN PACIFIC PIPE ) 24 LINES, INC. ; HERMAN J. TIJSSELING ) ENTERPRISES ; TITRA CORPORATION; ) 25 BOB AN')REW DBA CALIFORNIA TRACTOR; ) ART BE .GER, DBA GRANITE ) 26 TRANSPORTATION; CALICO LUMBER ) COMPANY, INC. ; JOAN CASSIDY, DBA ) 27 HARDWOODS UNLIMITED; JOHN CASTLE ) DBA ANTIQUE WAREHOUSE ) 28 AND BLANCHE CASTLE DBA ANTIQUE ) WAREHOUSE; JOHN-DAVIS , DBA JOHN ) 1 1 DAVIS & ASSOCIATES ; JOHN DEBEAUMONT) AND ALBERT DEBEAUMONT, DBA TRI- 2 CITY CONCRETE; ET MAGS; PRIMO FACCHINI; RICHARD BEIL; JOSEPH 3 FOUST, DBA JOE'S SAW; MITCH GIORVAS, DBA GIORVAS LANDSCAPE; 4 MIKE HALL, DBA JOHN BULL AUTO; KEITH HANDY, DBA ANCHOR ROOFING; 5 J.D. HARNEY, DBA J.D. HARNEY, INC. ; BYRON T. HORN, DBA B&D TOWING; 6 KEVIN AUREDEN, DBA B&D TOWING; RICHARD VALLES , DBA B&D TOWING; 7 CHRIS LEADERICH, DBA C&J AUTOMOTIVE; RANDY LEVITT, DBA 8 AMERICAN TOW; MANNING LOPEZ, DBA ARROW VAN & STORAGE; DANNY 9 MANFIELD, DBA GRAND PRIX AUTO ; JACK NESTOR, DBA JACK'S AUTO BODY: 10 ORINDA TOWING CO. ; ELIZABETH PEARSON, DBA PEARSON LUMBER;v 11 LEO BARSOCCHINI; GARY DE BENEDETTI; ) SAN CARLOS SHEET METAL WORKS , INC. ; ) 12 DAVE SOUSA, DBA INLAND MASONRY; EDWARD VANEK AND NATHAN VANEK DBA 13 FOSTER FARMS DAIRY; JOHN WILDER, DBA CUSTOM DESIGN CABINETRY; MAX 14 WINNIE, DBA DIMENSIONS, UNLIMITED; BOB WINNIECKI, DBA BOB'S AUTO 151 BODY; AND STEVEN WOODWARD, DBA ARROW GARAGE, 16 Defendants. 17 is Plaintiffs, Daniel C. Helix, Mary Lou Helix, Samuel P. Young, 19 Elizabeth Young, Sheila Brutoco, John V. Hook, Geneva B. Hook, and 20 John V. Hook and Steven Pucell', as Co-Trustees under the Will of 21 Mildred A. Hook (collectively, the "Hookston Group") and the Contra 22 Costa County Redevelopment Agency (the "Redevelopment Agency") , 23 allege as follows: 24 STATEMENT OF ACTION 25 The Hookston Croup and the Redevelopment Agency (collectively, 26 "plaintiffs") bring this civil action against defendants Southern 27 Pacific Transportation Corporation ("Southern Pacific") ; Herman J. 28 . Tijsseling Enterprises; Titra Corporation; Bob Andrew dba 2 1 California Tractor; Art Berger, dba Granite Transportation; Calico 2 Lumber Company, Inc. ; Joan Cassidy, dba Hardwoods Unlimited; John 3 Castle and Blanche Castle dba Antique Warehouse; John Davis, dba 4 John Davis & Associates; John DeBeaumont and Albert DeBeaumont, dba 5 Tri-City Concrete; ET Mags; Primo Facchini; Richard Beil ; Joseph 6 Foust, dba Joe ' s Saw; Mitch Giorvas, dba Giorvas Landscape; Mike 7 Hall, dba John Bull Auto; Keith Handy, dba Anchor Roofing; J.D. 8 Harney, dba J.D. Harney, y, Inc. ; Byron T. Horn, dba, B&D Towing; 9 Kevin Aureden, dba B&D Towing; Richard Valles, dba B&D Towing; 10 Chris Leaderich, dba C&J Automotive; Randy Levitt, dba American 11 Tow; Manning Lopez, dba Arrow Van & Storage; Danny Manf ield, dba 12 Grand Prix Auto; Jack Nestor, dba Jack's Auto Body; Orinda Towing 13 Co. ; Elizabeth Pearson, dba Pearson Lumber; Leo Barsocchini; Gary 14 de Benedetti; San Carlos Sheet Metal Works, Inc. ; Dave Sousa, dba 15 Inland Masonry; Edward Vanek and Nathan Vanek dba Foster Farms 16 Dairy; John Wilder, dba Custom Design Cabinetry; Max Winnie, dba 17 Dimensions, Unlimited; Bob Winniecki, dba Bob ' s Auto Body; and 18 Steven Woodward, dba Arrow Garage (collectively, "defendants") 19 under 42 U.S.C. §§ 9607 et sea. and 9613 (f) of the Comprehensive 20 Environmental Response, Compensation and Liability Act of 1980 21 (110ERCLA11) for the recovery of costs incurred and to be incurred by 22 plaintiffs in response to the release and threat of release of 23 hazardous substancesi onto and from the real property known as the 24 Hookston Station site located at the intersection of Hookston Road 25 and Bancroft Road, Pleasant Hill, California (the "site") . 26 IIl 27 As defined by the Comprehensive Environmental Response, 28 Compensation and Liability Act (110ERCLA") § 101(14) , [42 U.S.C. § 9601 (14) ] . 3 1 This action generally arises from each defendant's 2 contamination and pollution of structures, soil, subsoils, surface 3 water and groundwater at and in the vicinity of the site through 4 the handling, usage, storage, disposal or release of hazardous 5 substances at the site. 6 Plaintiffs also seek declarations by this Court, pursuant to 7 the Declaratory Judgments Act, 28 U.S.C. H 2201-2202 , that 8 defendants, and each of them: 9 (1) are jointly and severally liable for the presence of 10 hazardous substances contamination on the site under CERCLA; 11 (2) are jointly and severally liable for general damages and 12 all costs or expenses, including attorneys ' fees, necessary to 13 respond to the release and threat of release of hazardous 14 substances onto and from the site under CERCLA; and 15 (3) must reimburse plaintiffs for all costs or expenses, 16 including attorneys ' fees, that they have incurred and will 17 incur for the testing, investigation, abatement, remediation 18 and removal of hazardous substances contamination from the 19 structures, soil, subsoil, surface water, and groundwater at 20 and in the vicinity of the site. 21 The grounds for such declaratory relief are that each 22 defendant owned and/or operated one or more facilities at the site 23 when hazardous substances were generated and disposed of, and that 24 each defendant owned and/or operated these facilities during a time 25 when hazardous substances were generated and disposed of. 26 Pursuant to the pendent jurisdiction of this Court over state 27 law claims, plaintiffs seek declaratory relief and damages from 28 .. each defendant for negligence, contribution under California Health 4 1 & Safety Code § 25363 (e) , strict liability, nuisance, intentional 2 trespass, negligent trespass, unjust enrichment, restitution, 3 equitable indemnity, contractual indemnity and breach of contract. 4 Plaintiffs are informed and believe, and thereon allege that each 5 defendant contaminated and polluted the structures, soil, subsoil, 6 surface water and groundwater at and in the vicinity of the site 7 through the negligent, improper, or unreasonable handling, usage, 8 storage disposal or release of hazardous substances and gasoline, 9 petroleum-related products, petroleum products, and petroleum 10 residues (collectively, "petroleum products") . 11 Under this Court' s pendent jurisdiction over state law claims, 12 plaintiffs seek declarations by this Court that defendants, and 13 each of them: 14 (1) are jointly and severally liable for the presence of 15 hazardous substances and/or petroleum products contamination 16 on the site under California law; 17 (2) are jointly and severally liable for general damages and 18 all costs or expenses, including attorneys ' fees, necessary to 19 respond to the release and threat of release of hazardous 20 substances and/or petroleum products onto and from the site 21 under California law; and 22 (3) must reimburse plaintiffs for all costs or expenses, 23 including attorneys' fees that they have incurred and will 24 incur for the testing, investigation, abatement, remediation 25 and removal of hazardous substances and/or petroleum products 26 contamination from the structures, soil, subsoil, surface 27 water, and groundwater at and in the vicinity of the site 28 under California law. J 5 1 JURISDICTION AND VENUE 2 1 This is a civil action arising under CERCIA, 42 U.S.C. 3 § 9601 et seer. This Court has subject matter jurisdiction pursuant 4 to 42 U.S.C. § 9613 (b) and 28 U.S.C. § 1331. The causes of action 5 alleged herein arise under the Constitution, laws, or treaties of 6 the United States, or are pendent thereto. 7 2 . Plaintiffs ' claims for relief arise in this district. 8 Venue is therefore appropriate in this district under 42 U.S.C. 9 § 9613 (b) and 28 U.S.C. § 1391 (b) . 10 3 . This Court has jurisdiction over the state law claims for 11 negligence, contribution under California Health & Safety Code 12 § 25363 (e) , strict liability, nuisance, intentional trespass, 13 negligent trespass, unjust enrichment, restitution, equitable 14 indemnity, express indemnity and breach of contract under the 15 doctrine of pendent jurisdiction because these claims arise out of 16 the same nucleus of operative facts as the federal claims. 17 PARTIES 18 4 . Plaintiff Daniel Helix is, and at all times relevant 19 herein was, a resident of Contra Costa County, California. 20 5. Plaintiff Mary Lou Helix is, and at all times relevant 21 herein was, a resident of Contra Costa County, California. 22 6. Plaintiff Samuel P. Young is, and at all times relevant 23 herein was, a resident of Contra Costa County, California. 24 7 . Plaintiff Elizabeth Young is, and at all times relevant 25 herein was, a resident of Contra Costa County, California. 26 8 . Plaintiff Sheila Brutoco is, and at all times relevant 271 herein was, a resident of Contra Costa County, California. 28 , 111 6 1 9 . Plaintiff John V. Hook is, and at all times relevant 2 herein was, a resident of Contra Costa County, California. 3 10. Plaintiff Geneva B. Hook is, and at all times relevant 4 herein was, a resident of Contra Costa County, California. 5 11. Plaintiff John V. Hook, as Co-Trustee under the Will of 6 Mildred A. Hook, is and at all times relevant herein was, a 7 resident of Contra Costa County, California. 8 12. Plaintiff Stephen Pucell, as Co-Trustee under the Will of 9 Mildred A. Hook, is and at all times relevant herein was, a 10 resident of Contra Costa County, California. 11 13 . Plaintiff Contra Costa County Redevelopment Agency is, 12 and at all times relevant herein was, a public entity organized and 13 existing under the laws of the State of California and in its name, 14 may sue and be sued. 15 14 . Plaintiffs are informed and believe, and thereon allege 16 that defendant Southern Pacific Transportation, is and at all times 17 relevant herein was, a corporation organized and existing under the 18 laws of the State of Delaware, with its principal place of business 19 at San Francisco, California. 20 15. Plaintiffs are informed and believe, and thereon allege 21 that defendant Herman J. Tijsseling Enterprises, is and at all 22 times relevant herein was, a corporation organized and existing 23 under the laws of the State of California, with its principal place 24 of business at' Walnut Creek, California. 25 16. Plaintiffs are informed and believe, and thereon allege 26 that defendant Titra Corporation, is and at all times relevant 27 herein was, a corporation organized and existing under the laws of 28 __ 7 1 the State of California, with its principal place of business at 2 Walnut Creek, California. 31 17. Plaintiffs are informed and believe, and thereon allege, 4 that defendant Bob Andrew, is and at all times relevant herein was, 5 a resident of Contra Costa County doing business as California 6 Tractor. 7 18. Plaintiffs are informed and believe, and thereon allege 8 that defendant Art Berger, is and at all times relevant herein was, 9 a resident of Contra Costa County doing business as Granite 10 Transportation. 11 19. Plaintiffs are informed and believe, and thereon allege 12 that defendant calico Lumber Company, Inc. , is and at all times 13 relevant herein was, a corporation organized and existing under the 14 laws of the State of California, with its principal place of 15 business in Contra Costa County, California. 16 20. Plaintiffs are informed and believe, and thereon allege 17 that defendant Joan Cassidy, is and at all times relevant herein 18 was, a resident of Contra Costa County doing business as Hardwoods 19 Unlimited. 20 21. Plaintiffs are informed and believe, and thereon allege 21 that defendant John Castle, is and at all times relevant herein 22 was, a resident of Contra Costa County doing business as Antique 23 Warehouse. 24 22 . Plaintiffs are informed and believe, and thereon allege 25 that defendant Blanche Castle, is and at all times relevant herein 26 1 was, a resident of Contra Costa County doing business as Antique 271 Warehouse. 28 . 8 1 23 . Plaintiffs are informed and believe, and thereon allege 2 that defendant John Davis, is and at all times relevant herein was, 3 a resident of Alameda County doing business as John Davis & 4 Associates. 5 24 . Plaintiffs are informed and believe, and thereon allege 6 that defendant John DeBeaumont, is and at all times relevant herein 7 was, a resident of Contra Costa County doing business as Tri-City 8 Concrete. 9 25. Plaintiffs are informed and believe, and thereon allege 10 that defendant Albert DeBeaumont, is and at all times relevant 11 herein was, a resident of Contra Costa County doing business as 12 Tri-City Concrete. 13 26. Plaintiffs are informed and believe, and thereon allege 14 that defendant ET Mags, is and at all times relevant herein was, a 15 corporation organized and existing under the laws of the State of 16 California, with its principal place of business at Benicia, 17 California. 18 27. Plaintiffs are informed and believe, and thereon allege 19 that defendant Primo Facchini, is and at all times relevant herein 20 was, a resident of Contra Costa County. 21 28 . Plaintiffs are informed and believe, and thereon allege 22 that defendant Richard Beil, is and at all times relevant herein 23 was, a resident of Contra Costa County. 24 29. Plaintiffs are informed and believe, and thereon allege 25 that defendant Joseph Foust, is and at all times relevant herein 26 was, a resident of Contra Costa County doing business as Joe' s Saw. 27 28 , 9 1 30. Plaintiffs are informed and believe, and thereon allege 2 that defendant Mitch Giorvas, is and at all times relevant herein 3 was, a resident of Contra Costa County doing business as Giorvas 4 Landscape. 5 31. Plaintiffs are informed and believe, and thereon allege 6 that defendant Mike Hall, is and at all times relevant herein was, 7 a resident of Contra Costa County doing business as John Bull Auto. 8 32 . Plaintiffs are informed and believe, and thereon allege 9 that defendant Keith Handy, is and at all times relevant herein 10 was, a resident of Contra Costa doing business as Anchor Roofing. 11 33 . Plaintiffs are informed and believe, and thereon allege 12 that defendant J.D. Harney, is and at all times relevant herein 13 was, a resident of Contra Costa doing business as J.D. Harney, Inc. 14 34 . Plaintiffs are informed and believe, and thereon allege 15 that defendant Byron T. Horn, is and at all times relevant herein 16 was, a resident of Contra Costa doing business as B&D Towing. 17 35. Plaintiffs are informed and believe, and thereon allege 18 that defendant Kevin Aureden, is and at all times relevant herein 19 was, a resident of Contra Costa doing business as B&D Towing. 20 36. Plaintiffs are informed and believe, and thereon allege 21 that defendant Richard Valles, is and at all times relevant herein 22 was, a resident of Contra Costa doing business as B&D Towing. 23 37. Plaintiffs are informed and believe, and thereon allege 24 that defendant Chris Leaderich, is and at all times relevant herein 25 was, a resident of Contra Costa doing business as C & J Automotive. 26 38. Plaintiffs are informed and believe, and thereon allege 27 , that defendant Randy Levitt, is and at all times relevant herein 28 was, a resident of Contra Costa doing business American Tow. 10 1 39 . Plaintiffs are informed and believe, and thereon allege 2 that defendant Manning Lopez , is and at all times relevant herein 3 was, a resident of Contra Costa doing business as Arrow Van & 4 Storage. 5 40. Plaintiffs are informed and believe, and thereon allege 6 that defendant Danny Manfield, is and at all times relevant herein 7 was, a resident of Contra Costa doing business as Grand Prix Auto. 8 41. Plaintiffs are informed and believe, and thereon allege 9 that defendant Jack Nestor, is and at all times relevant herein 10 was, a resident of Contra Costa doing business as Jack' s Auto Body. 11 42. Plaintiffs are informed and believe, and thereon 12 allege that defendant Orinda Towing Co. , is and at all times 13 relevant herein was, a corporation organized and existing under the 14 laws of the State of California, with its principal place of 15 business in Contra Costa County, California. 16 43 . Plaintiffs are informed and believe, and thereon allege 17 that defendant Elizabeth Pearson, is and at all times relevant 18 herein was, a resident of Contra Costa doing business as Pearson 19 Lumber. 20 44. Plaintiffs are infor-ted and believe, and thereon allege 21 that defendant Leo Barsocchini, former president of San Carlos 22 Sheet Metal Works, Inc. , is and at all times relevant herein was, 23 a resident of San Mateo County. 24 45. Plaintiffs are informed and believe, and thereon allege 25 that defendant Gary de Benedetti, current president of San Carlos 26 Sheet Metal Works Inc. , is and at all times relevant herein was, a 27 resident of San Mateo County. 28 ,1 1 46. San Carlos Sheet Metal Works Inc. , is and at all times 2 relevant herein was, a corporation organized and existing under the 3 laws of the State of California, with its principal place of 4 business in San Mateo County. 5 47 . Plaintiffs are informed and believe, and thereon allege 6 that defendant Dave Sousa, is and at all times relevant herein was, 7 a resident of Contra Costa doing business as Inland Masonry. 8 48. Plaintiffs are informed and believe, and thereon allege 9 that defendant Edward Vanek, is and at all times relevant herein 10 was a resident . of Contra Costa doing business as Foster Farms 11 Dairy. 12 49 . Plaintiffs are informed and believe, and thereon allege 13 that defendant Nathan Vanek, is and at all times relevant herein 14 was, a resident of Contra Costa doing business as Foster Farms 15 Dairy. 16 50. Plaintiffs are informed and believe, and thereon allege 17 that defendant John Wilder, is and at all times relevant herein 18 was, a resident of Contra Costa doing business as Custom Design 19 Cabinetry. 20 51. Plaintiffs are inforined and believe, and thereon allege 21 that defendant Max Winnie, is and at all times relevant herein was, 22 a resident of Contra Costa doing -business as Dimensions, Unlimited. 23 52 . Plaintiffs are informed and believe, and thereon allege 24 that defendant Bob Winniecki, is and at all times relevant herein 25 was, a resident of Contra Costa doing business as Bob' s Auto Body. 26 53 . Plaintiffs are informed and believe, and thereon allege 27 that defendant Steve Woodward, is and at all times relevant herein 28 was, a resident of Contra Costa doing business as Arrow Garage. 12 I NATURE OF THIS ACTION 2 54 . This is a civil action for damages, declaratory relief, 3 and recovery of response and cleanup costs, brought under CERCLA, 4 the equitable powers of this Court, and the principles of pendent 5 jurisdiction. 6 55. The Hookston Group acquired the site from their 7 predecessor-in-interest Southern Pacific in July 1983 and sold the 8 eastern portion of the site to the Redevelopment Agency in June 9 1989 . Plaintiffs are informed and believe, and thereon allege that 10 by and before the date the Hookston Group purchased the site, the 11 structures, soil, subsoil, surface water and groundwater at the 12 site were contaminated with hazardous substances and/or petroleum 13 products and physically damaged by the acts and omissions of 14 Southern Pacific. 15 56. Plaintiffs are informed and believe, and thereon allege 16 that each defendant operated one or more facilities at the site 17 which generated and disposed of hazardous substances and/or 18 petroleum products that contaminated and physically damaged the 19 structures, soil, subsoil, surface water and groundwater at the 20 site. 21 57. Plaintiffs seek a declaratory judgment that defendants 22 are jointly and severally liable under CERCLA and/or California law 23 for causing all or part of the contamination and physical damage to 24 the structures, soil, subsoil, surface water and groundwater at the 25 site, and are jointly and severally liable as a matter of both law 26 and equity for general damages as well as all response costs and 27 expenses, including attorneys ' fees, incurred in the investigation, 28 abatement, remediation and removal of the contamination. 13 1 Plaintiffs seek general damages and the response costs and expenses 2 that they have incurred or will incur in the testing, 3 investigation, abatement, remediation, and removal of hazardous 4 substances and/or petroleum products contamination from the 5 structures, soil, subsoil, surface water, and groundwater at and in 6 the vicinity of the site. 7 FACTUAL ALLEGATIONS COMMON TO ALL CLAIMS FOR RELIEF 8 58. Plaintiffs are informed and believe, and thereon allege 9 that Southern Pacific was the owner of an undivided interest in the 10 site from August 23 , 1890 until July 23 , 1983 , when Southern 11 Pacific transferred its ownership interest in the site to the 12 Hookston Group. 13 59. Plaintiffs are informed and believe, and thereon allege 14 that Southern Pacific developed the site during its ownership as an 15 industrial park where hazardous substances and/or petroleum 16 products were handled, used, stored, generated and disposed of at 17 and in the vicinity of the site. 18 60. Plaintiffs are informed and believe, and thereon allege <�Q S 19 that Southern Pacific, during its ownership, leased the site to T1 20 Titra Corporation, a subsidiary of Herman J. Tijsseling 21 Enterprises, which in turn leased the site to tenants who operated /w 22 businesses which handled, used, stored, generated and disposed of 23 hazardous substances and/or petroleum products on the site. 24 61. Plaintiffs are informed and believe, and thereon allege 25 that during Southern Pacific' s ownership of the site, Southern 26 Pacific and these tenants leaked, discharged and/or otherwise 271 released hazardous substances and/or petroleum products onto and 28 14 1 into the structures, soil, subsoil, surface water and groundwater 2 at and in the vicinity of the site. 3 62 . After the Hookston Group acquired title to the site, many 4 of the tenants continued their operations on the site. Plaintiffs 5 are informed and believe, and thereon allege that these tenants 6 continued to handle, use, store, generate and dispose of hazardous 7 substances and/or petroleum products on the site and leaked, 8 discharged and/or otherwise released hazardous substances and/or 9 petroleum products onto and into the structures, soil, subsoil, 10 surface water and groundwater at and in the vicinity of the site. 11 63 . After the Hookston Group acquired title to the site, the 12 Hookston Group, doing business as S&D Leasing, leased by separate 13 written agreements, areas and buildings on the site to each tenant. 14 Plaintiffs are informed and believe, and thereon allege that in 15 breach of their written agreements with the Hookston Group, these 16 tenants handled, used, stored, generated and disposed of hazardous 17 substances and/or petroleum products on the site and leaked, 18 discharged and/or otherwise released hazardous substances and/or 19 petroleum products onto and into the structures, soil, subsoil, 20 surface water and groundwater at and in the vicinity of the site. 21 64 . In June 1989 , the eastern portion of the site was sold to 22 the Redevelopment Agency. After the purchase, the Contra Costa 23 County Health" Department performed a field inspection for 24 contamination on June 22 , 1989 and recommended a follow-up 25 assessment of the eastern portion of the site on July 5 , 1989 to 26 the Contra Costa County Public Works Department that was copied to 27 the Hookston Group. 28 1 /// 15 1 65. The Redevelopment Agency subsequently retained Harding 2 Lawson Associates ("HLA") to inspect the eastern portion of the 3 site. HLA initiated a preliminary site assessment for hazardous 4 materials on October 24 , 1989 and forwarded its results to the 5 Redevelopment Agency on January 5, 1990. HLA' s report indicated 6 high concentrations of petroleum hydrocarbons and Trichlorethylene 7 ("TCE") at the site. HLA recommended that "an additional 8 investigation be performed to determine the lateral and vertical 9 extent of hydrocarbon contamination. " The Redevelopment Agency 10 forwarded HLA' s report to the Hookston Group on May 24 , 1990. 11 66. The Hookston Group retained ENGEO, Inc. ("ENGEO") in 12 September 1990 to investigate the contamination on the site. One 13 of ENGEO' s tasks included research for potential on-site and off- 14 site property sources of halogenated volatile organic compounds 15 ("VOCs") discovered in four wells installed by HLA at the site. 16 67. In October 1990, ENGEO installed at significant expense 17 to the Hookston Group, additional groundwater monitoring wells to 18 quantify the contamination and a soil gas survey to define the VOC 19 problem. 20 68 . The soil gas study and additional monitoring well 21 installations were conducted between March 1991 and May 1991. The 22 soil gas study was conducted by placing 76 passive collector probes 23 in various locations across the site. The study exposed a 24 significant flux of VOCs, primarily TCE, across the site. Engeo 25 reported elevated vapor flux in the following locations: 26 (a) Southeast of the Ashby Lumber building near the eastern 27 property line; 28 16 1 (b) Along the sewer alignment at the Ashby Lumber/Tri-Cities 2 fence line; 3 (c) The northwest portion of the Tri-Cities Concrete yard; 4 and 5 (d) Along the sewer alignment on the east side of the 6 southwest commercial building complex. 7 69 . On February 14 , 1992 , ENGEO reported petroleum 8 contamination of groundwater in one monitoring well and on March 3 , 9 1992 , advised the Hookston Group of VOC contamination of soil along 10 the east side of the commercial buildings in the southwest property 11 area, within the central and northeast property area, and along the 12 eastern property line of the site. 13 70. When the Redevelopment Agency purchased the eastern 14 portion of the site, the Redevelopment. Agency also entered into a 15 leaseback agreement with the Hookston Group, who in turn, doing 16 business as S&D Leasing, continued to lease areas and buildings on 17 the site to pre-existing tenants and new tenants on behalf of 18 plaintiffs. Plaintiffs are informed and believe, and thereon 19 allege that in breach of their written lease agreements, these 20 tenants handled, used, stored, *generated and disposed of hazardous 21 substances and/or petroleum products on the site and leaked, 22 discharged and/or otherwise released hazardous substances and/or 23 petroleum products onto and into the structures, soil, subsoil, 24 surface water and groundwater at and in the vicinity of the site. 25 71. Since acquiring title to the site, the Hookston Group has 26 not handled, used, stored, generated and disposed of hazardous 27 substances and/or petroleum products on the site nor leaked, 28 discharged or otherwise released hazardous substances and/or 17 i 1 petroleum products into the soil, subsoil, surface water, and 2 groundwater at. and in the vicinity of the site. The Hookston Group 3 has never used, does not use, and has not discharged hazardous 4 substances and/or petroleum products into the soil , subsoil , 5 surface water and groundwater at and in the vicinity of the site. 6 72 . Since acquiring title to the eastern portion of the site, 7 the Redevelopment Agency has not handled, used, stored, generated 8 and disposed of hazardous substances and/or petroleum products on 9 the site nor leaked, discharged or otherwise released hazardous 10 substances and/.or petroleum products into the soil, subsoil, 11 surface water, and groundwater at and in the vicinity of the site. 12 The Redevelopment Agency has never used, does not use, and has not 13 discharged hazardous substances and/or petroleum products into the 14 soil, subsoil , surface water and groundwater at and in the vicinity 15 of the site. 16 73 . Until ,June 22, 1989 , the Hookston Group had no knowledge 17 nor any reasonable basis to suspect any leaks, discharges, and/or 18 other releases of hazardous substances and/or petroleum products 19 onto and into the structures, soil, subsoil, surface water and 20 groundwater at and in the vicinity of the site because the Hookston 21 Group never received any information which would have caused a 22 reasonably prudent person to know or to suspect that such leaks, 23 discharges, and/or other releases had occurred. 24 74. Until June 22 , 1989 , the Redevelopment Agency had no 25 knowledge nor any reasonable basis to suspect any leaks, 26 discharges, and/or other releases of hazardous substances and/or 27 petroleum products onto and into the structures, soil, subsoil, 28 surface water and groundwater at and in the vicinity of the site 18 1 because the Redevelopment Agency never received any information 2 which would have caused a reasonably prudent person to know or to 3 suspect that such leaks, discharges, and/or other releases had 4 occurred. 5 75. As of the date of this complaint, plaintiffs have 6 expended payments to ENGEO for testing and sampling the structures, 7 soil, subsoil, surface water and groundwater on the site; 8 investigating the source and content of hazardous substances and/or 9 petroleum products existing thereon; and have incurred other costs 10 and attorneys ' fees as a direct and proximate result of presence of 11 hazardous substances and/or petroleum products on the site and the 12 environmental hazard posed by the threatened migration of hazardous 13 substances and/or petroleum products onto the site and adjacent 14 property. 15 FIRST CLAIM FOR RELIEF 16 CERCLA Cost Recovery Against southern Pacific 17 76. Plaintiffs incorporate by reference Paragraphs 1 through 18 75 as though fully set forth herein. 19 77. Southern Pacific is a "person" as defined by 42 U.S. C. 20 § 9601(21) . 21 78. Southern Pacific was, during the period in which it was 22 record title owner of the site or possessed of a legal or equitable 23 ownership therein, both an "owner" as well as an "operator" of the 24 site as defined by 42 U.S.C. § 9601 (20) (a) . 25 79 . The site is, and at all times relevant herein was, a 26 "facility" within the meaning of 42 U.S.C. § 9601 (9) . 27 80. Plaintiffs are informed and believe, and thereon allege 28 that the chemicals used on the site by Southern Pacific and 19 1 Southern Pacific' s tenants are "hazardous substances" within the 2 meaning of 42 U.S.C. § 9601(14) . 3 81. Plaintiffs are informed and believe, and thereon allege 4 that the actions by Southern Pacific with regard to these chemicals 5 constitute "releases" and/or "disposals" of hazardous substances at 6 a facility within the meaning of 42 U.S. C. § 9601 (22) . 7 82 . Plaintiffs are informed and believe, and thereon allege 8 that Southern Pacific is liable under 42 U.S .C. § 9607 (a) , because 9 Southern Pacific owned and/or operated the site at all times when 10 hazardous substances were released. 11 83 . Plaintiffs, as passive non-negligent record title owners 12 of the site may be required to bear a portion of the necessary 13 costs of response to investigate and remediate the chemical 14 releases at the site. Southern Pacific, due to its active 15 negligence and wrongful conduct, is absolutely liable, on a joint 16 and several basis, for all necessary costs of response to 17 investigate and remediate the chemical releases at the site. 18 Plaintiffs deny their ultimate liability for such necessary costs 19 of response. 20 84 . As a direct and proximate result of the releases by 21 Southern Pacific of hazardous substances at the site, plaintiffs 22 have incurred and will continue to incur response costs and 23 expenses for testing, investigation, abatement, remediation and 24 removal of these hazardous substances from the structures, soil, 25 subsoil, surface water, and groundwater at and in the vicinity of 26 the site. 27 85. Any costs that plaintiffs have incurred or will incur, 28 including attorneys ' fees expended in this action, are and will be 20 1 necessary costs of response consistent with the National 2 Contingency Plan ("NCP") within the meaning of 42 U.S.C. § 9607 (a) . 3 Accordingly, plaintiffs are entitled to reimbursement for all such 4 past, present, and future costs, together with interest from 5 Southern Pacific pursuant to 42 U.S .C. § 9607 (a) . 6 86. Pursuant to 42 U.S . C. § 9607 (a) , Southern Pacific is 7 strictly liable to plaintiffs for the costs and damages alleged. 8 SECOND CLAIM FOR RELIEF 9 CERCLA Cost Recovery Against Defendants 10 87 . Plaintiffs incorporate by reference Paragraphs 1 through 11 86 as though fully set forth herein. 12 88 . Each defendant is a "person" as defined by 42 U.S .C. 13 § 9601 (21) . 14 89 . Each defendant, during the period that they leased and/or 15 operated in certain areas and buildings on the site from Southern 16 Pacific, the Hookston Group or the Redevelopment Agency, are 17 "operators" of the site as defined by 42 U.S. C. § 9601(20) (a) . 18 90. Plaintiffs are informed and believe, and thereon allege 19 that the chemicals used by each defendant on the site are 20 "hazardous substances" within the meaning of 42 U.S.C. § 9601 (14) . 21 91. Plaintiffs are informed and believe, and thereon allege 22 that the areas and buildings on the site which each defendant 23 leased and/or operated, are, and at all times relevant herein were, 24 "facilities" within the meaning of 42 U.S. C. § 9601 (9) . 25 92 . Plaintiffs are informed and believe, and thereon allege 26 that the actions by each defendant, with regard to these chemicals 27constitute "releases" and/or "disposals" of hazardous substances at 28 the facility within the meaning of 42 U.S.C. § 9601 (22) . 21 1 93 . Plaintiffs are informed and believe, and thereon allege 2 that defendants. are liable under 42 U.S. C. § 9607 (a) , because each 3 defendant operated a facility at the site where hazardous 4 substances were released. 5 94 . Plaintiffs, as passive non-negligent record title owner 6 of the site may be required to bear a portion of the necessary 7 costs of response and costs to investigate and remediate the 8 chemical releases at the site. Each defendant, due to their active 9 negligence and wrongful conduct, are absolutely liable, on a joint 10 and several basis, for all necessary costs of response to 11 investigate and remediate the hazardous substances releases at the 12 site. Plaintiffs deny their ultimate liability for such necessary 13 costs of response. 14 95. As a direct and proximate result of the releases by each 15 defendant of hazardous substances at the site, plaintiffs have 16 incurred and will continue to incur costs of response and costs for 17 the testing, investigation, abatement, remediation and removal of 18 these hazardous substances from the structures, soil, subsoil, 19 surface water, and groundwater at and in the vicinity of the site. 20 96. Any costs that plaintiffs have incurred or will incur, 21 including attorneys ' fees expended in this action, are and will be 22 necessary costs of response consistent with the NCP within the 23 meaning of 42 U.S .C. § 9607 (a) . Plaintiffs are entitled to 24 reimbursement for all such past, present, and future costs, 25 together with interest from each defendant pursuant to 42 U.S. C. 26 § 9607 (a) . 27 97. Pursuant to 42 U.S.C. § 9607 (a) , each defendant is 28 strictly liable to plaintiffs for the costs and damages alleged. 22 1 THIRD CLAIM FOR RELIEF 2 CERCLA Right of Contribution Against All Defendants 3 98. Plaintiffs incorporate by reference Paragraphs 1 through 4 97 as though fully set forth herein. 5 99. Plaintiffs are accorded the right under 42 U.S . C. 6 § 9613 (f) , to seek contribution from "any other party who is liable 7 or potentially liable under Section 107 (a) "2 for any necessary 8 costs of response incurred by plaintiffs for the investigation and 9 remediation of releases of hazardous substances contamination, 10 including attorneys ' fees. 11 100. As a direct and proximate result of the releases by each 12 defendant of hazardous substances at the site, plaintiffs have 13 incurred and will continue to incur costs of response and costs for 14 the testing, investigation, abatement, remediation and removal of 15 hazardous substances from the structures, soil, subsoil, surface 16 water, and groundwater at and in the vicinity of the site. 17 101. Plaintiffs, therefore, are entitled to complete 18 contribution from each defendant under 42 U.S.C. § 9613 (f) , for all 19 necessary costs of response, together with interest and court 20 costs. 21 FOURTH CLAIM FOR RELIEF 22 Negligence of Southern Pacific 23 102. Plaintiffs incorporate by reference Paragraphs I through 24 101 as though fully set forth herein. 25 103 . Plaintiffs are informed and believe, and thereon allege 26 that Southern Pacific, in its ownership or operation of the site 27 owed plaintiffs the duty to use, dispose of, and release hazardous 28 _ 2 42 U.S.C- § 9607 (a) 23 1 substances and/or petroleum products in such a manner so as not to 2 cause plaintiffs to sustain damages or losses of any nature or 3 kind. 4 104 . Plaintiffs are informed and believe, and thereon allege 5 that Southern Pacific breached its duty to plaintiffs by failing to 6 exercise reasonable care in the conduct of their ownership and/or 7 operation of the site. Plaintiffs are informed and believe, and 8 thereon allege that Southern Pacific allowed hazardous substances 9 and/or petroleum products to be released onto and into soils and 10 groundwater at the site. 11 105. But for the releases of hazardous substances and/or 12 petroleum products onto and into the site, plaintiffs would not 13 have suffered damages and losses necessary to remediate 14 contamination at and in the vicinity of the site. Therefore, 15 Southern Pacific is a proximate cause of the damages sustained by 16 plaintiffs. 17 106. The damages and losses sustained by plaintiffs were 18 caused by the negligence of Southern Pacific without any fault of 19 plaintiffs contributing thereto. Therefore, plaintiffs are 20 entitled to recover from Southern Pacific the full amount of 21 damages. 22 FIFTH CLAIM FOR RELIEF 23 Negligence of All Defendants 24 107. Plaintiffs incorporate by reference Paragraphs 1 through 25 106 as though fully set forth herein. 26 108. Plaintiffs are informed and believe, and thereon allege 27 that each defendant, in the operation of their facilities at the 28 site, owed and continues to owe plaintiffs the duty to use, dispose 24 1 of, and release hazardous substances and/or petroleum products in 2 such a manner so as not to cause plaintiffs to sustain damages or 3 losses of any nature or kind. 4 109 . Plaintiffs are informed and believe, and thereon allege 5 that each defendant breached their duty to plaintiffs by failing to 6 exercise reasonable care in the conduct of their ownership or 7 operation of their facilities at the site. Plaintiffs are informed 8 and believe, and thereon allege that each defendant, while engaged 9 in the operation of one or more of their facilities, released 10 hazardous substances and/or petroleum products onto and into soils 11 and groundwater at the site. 12 110. But for the releases of hazardous substances and/or 13 petroleum products onto and into the site, plaintiffs would not 14 have suffered damages and losses necessary to remediate 15 contamination at and in the vicinity of the site. Therefore, each 16 defendant is a proximate cause of the damages sustained by 17 plaintiffs. 18 111. The damages and losses sustained by plaintiffs were 19 caused by the negligence of each defendant without any fault of 20 plaintiffs contributing thereto. Therefore, plaintiffs are 21 entitled to recover from each defendant, the full amount of 0 22 damages. 23 SIXTH CLAIM FOR RELIEF 24 Contribution under State of California Health & Safety Code § 25363 (e) 25 Against All Defendants 26 112 . Plaintiffs incorporate by reference Paragraphs 1 through 27 111 as though fully set forth herein. 28 25 1 113 . Plaintiffs are accorded the right under California 2 Health and Safety Code § 25363 (e) to seek contribution or inc mnity 3 from anyone who is liable pursuant to the Carpenter-Presley-Tanner 4 Hazardous Substance Account Act ("HSAA") , California Health and 5 Safety Code §§ 25300 et sea. , for any necessary removal or remedial 6 action costs incurred in accordance with the HSAA. 7 114 . Under the HSAA, these removal and remedial costs include 8 attorneys ' fees incurred by plaintiffs to investigate the source 9 and extent of hazardous substances and/or petroleum products and 10 the existence of releases and threatened releases of hazardous 11 substances and/or petroleum products at or in the vicinity of the 12 site. 13 115. As a direct and proximate result of the releases by each 14 defendant, in violation of the HSAA, plaintiffs have incurred and 15 will continue to incur costs for removal and remedial actions taken 16 in accordance with the HSAA, with respect to the structures, soil, 17 subsoil, surface water, and groundwater at and in the vicinity of 18 the site. 19 116. The liability of each defendant under the HSAA has not 20 been determined or fully discharged by arbitration under California 21 Health & Safety Code § 25356 . 6. 22 117. Accordingly, plaintiffs are therefore entitled to 23 contribution or indemnity from each defendant under Section 24 25363 (e) of the HSAA, for all necessary costs of removal and 25 remediation incurred and to be incurred in connection with 26 hazardous substances and/or petroleum products on the site. 27 28 26 1 SEVENTH CLAIM FOR RELIEF 2 Strict Liability Against All Defendants 3 118. Plaintiffs incorporate by reference Paragraphs 1 through 4 117 as though fully set forth herein. 5 119. The handling, use, storage, and disposal of hazardous 6 substances and/or petroleum products on the site by each defendants 7 constituted ultra-hazardous activities under California law. 8 120. Under California law, each defendant is strictly liable 9 for damages caused by their ultra-hazardous activity. 10 121. As a proximate result of the acts of each defendant in 11 the course of the ultra-hazardous activities alleged above, 12 plaintiffs have suffered damages. 13 EIGHTH CLAIM FOR RELIEF 14 . Nuisance 15 122. Plaintiffs incorporate by reference Paragraphs 1 through 16 121 as though fully set forth herein. 17 123 . Plaintiffs are informed and believe, and thereon allege 18 that each defendant used, occupied and maintained their facilities 19 in such a manner as to cause the release of hazardous substances 20 and/or petroleum products into the structures, soil, subsoil, 21 surface water and groundwater at and in the vicinity of the site. 22 The hazardous substances and/or petroleum products existing on and 23 emanating from the site as previously alleged, constitute a public 24 nuisance within the meaning of California Civil Code §§ 3479 et 25 sec . , because the hazardous substances and/or petroleum products 26 are injurious to health and obstruct the free use and comfortable 27 enjoyment of the site. 28 27 1 124 . At all material times, each defendant had a duty not to 2 permit or allow the continuance of the nuisance. Each defendant 3 has breached and is breaching that duty by allowing hazardous 4 substances and/or petroleum products to affect the structures, 5 soil, subsoil, surface water and groundwater at and in the vicinity 6 of the site. 7 125. As a direct and proximate result of the nuisance created 8 and maintained by each defendant, plaintiffs have been damaged in 9 an amount exceeding the jurisdictional minimum of this Court, in an 10 amount to be proven at trial, which represents the monies necessary 11 to investigate, remove and monitor such hazardous substances and/or 12 petroleum products. 13 126. As a further proximate result of the nuisance created by 14 each defendant, the value of plaintiffs ' properties have been 15 diminished in an amount exceeding the jurisdictional minimum of 16 this Court. Plaintiffs will seek leave of the Court to amend their 17 complaint to state the true amount of said diminution in value when 18 the same has been ascertained. 19 NINTH CLAIM FOR RELIEF 20 Intentional Trespass 21 127. Plaintiffs incorporate by reference Paragraphs 1 through 22 126 as though fully set forth herein. 23 128 . The failure of each defendant to remove, contain, 24 remediate or otherwise immobilize hazardous substances and/or 251petroleum products on the site, was substantially certain to, and 26 did, cause the entry of hazardous substances and/or petroleum 27 products by air transport, groundwater migration, migration through 28 the soil and surface runoff. 28 1 129. The aforementioned entry of hazardous substances and/or 2 petroleum products onto the site and each defendant' s intentional 3 placement of hazardous substances and/or petroleum products onto 4 the site constitutes an intentional trespass because said 5 contamination has interfered with, and continues to interfere with 6 the possession,.. use and enjoyment by plaintiffs of the site. 7 130. As a result of each defendant' s trespass, plaintiffs 8 have suffered damages in excess of exceeding the jurisdictional 9 minimum of this Court. Plaintiffs will seek leave of the Court to 10 amend their complaint to state the true amount of said damages when 11 the same has been ascertained. Such damages include diminution of 12 the value of the site and all past and future investigation and 13 remediation costs. 14 TENTH CLAIM FOR RELIEF 15 Negligent Trespass 16 131. Plaintiffs incorporate by reference Paragraphs 1 through 17 130 as though fully set forth herein. 18 132. The deposit, entry and failure to remove, contain or 19 remediate the hazardous substances and/or petroleum products as 20 herein alleged constitutes negligent trespass because hazardous 21 substances and/or petroleum products have been negligently placed 22 on or allowed to migrate to the site contrary to law. 23 133 . At all material times, each defendant had a duty not to 24 permit or allow the continuance of this trespass. Each defendant 25 has breached that duty by allowing hazardous substances and/or 26 petroleum products to remain on the site and by failing to take 27 action to prevent further migration of contaminants at or in the 28 vicinity of the site. 29 1 134 . As a direct and proximate result of each defendant' s 2 negligent failure to remove, contain or otherwise remediate the 3 hazardous substances and/or petroleum products, these contaminants 4 have migrated and continue to migrate further into the structures, 5 soil, subsoil, surface water and groundwater underlying the site 6 without plaintiffs ' consent. 7 135. As a direct and proximate result of each defendant' s 8 negligent failure to remove, contain or otherwise. remediate the 9 hazardous substances and/or petroleum products on the site, each 10 defendant has unlawfully interfered with plaintiffs ' possession of 11 the land, thereby constituting a negligent trespass under 12 California common law. 13 136. As a direct and proximate result of said negligent 14 trespass, plaintiffs have been damaged in sums exceeding the 15 jurisdictional minimum of this Court, including damages which 16 plaintiff may sustain in the future due to third party claims. 17 Plaintiffs will seek leave of this Court to amend the complaint to 18 state the true amount of said damages when the same has been 19 ascertained. 20 ELEVENTH CLAIM FOR RELIEF 21 Declaratory Relief Under CERCLA Against All Defendants 22 137. Plaintiffs incorporate by reference Paragraphs 1 through 23 136 as though fully set forth herein. 24 138 . An actual controversy exists between and among plaintiffs 25 and each defendant, in that plaintiffs contend and each defendant 26 denies, that the defendants have obligations and potential legal 27 liabilities under CERCLA for such costs as have been or will be 28 incurred for activities performed in the investigation and 30 1 remediation of the hazardous substances contamination on the site. 2 Specifically, defendants, and each of them, deny that they: 3 (a) are jointly and severally liable for the presence of 4 hazardous substances contamination on the site under CERCLA; 5 (b) are jointly and severally liable for general damages and 6 all costs or expenses, including attorneys ' fees, necessary to 7 respond to the release and threat of release of hazardous 8 substances onto and from the site under CERCLA; and 9 (c) must reimburse plaintiffs for all costs or expenses, 10 including attorneys ' fees, that plaintiffs have incurred and 11 will incur for the testing, investigation, abatement, 12 remediation and removal of hazardous substances contamination 13 from the structures, soil, subsoil, surface water, and 14 groundwater at and in the vicinity of the site under CERCLA. 15 139. Absent a judicial declaration setting forth the parties ' 16 rights, obligations and liabilities with respect to these costs or 17 damages, a multiplicity of actions may result. Plaintiffs 18 therefore request a judicial determination of the rights, 19 obligations and liabilities of the parties with regard to the 20 hazardous substances and/or ' petroleum products contamination 21 presently at the site and a judicial declaration setting forth the 22 defendants ' liabilities to plaintiffs with respect to such response 23 costs and expenses that have been or will be incurred for the 24 testing, investigation, abatement, remediation and removal of 25 hazardous substances and/or petroleum products contamination from 26 the structures, soil, subsoil, surface water, and groundwater at 27 and in the vicinity of the site. 28 31 1 TWELFTH CLAIM FOR RELIEF 2 Declaratory Relief Under California Law Against All Defendants 3 140. Plaintiffs incorporate by reference Paragraphs 1 through 4 139 as though fully set forth herein. 5 141. An actual controversy exists between plaintiffs and 6 defendants, in that plaintiffs contend and each defendant denies, 7 that each defendant has obligations and potential legal liabilities 8 under California law for such costs as have been or will be 9 incurred for activities performed in the investigation and 10 remediation of the hazardous substances and/or petroleum products 11 contamination on the site. Specifically, defendants, and each of 12 them, deny that they: 13 (a) are jointly and severally liable for the presence of 14 hazardous substances and/or petroleum products contamination 15 on the site under California law; 16 (b) are jointly and severally liable for general damages and 17 all costs or expenses necessary to respond to the release and 18 threat of release of hazardous substances and/or petroleum 19 products onto and from the site under California l w; and 20 (c) must reimburse .plaintiffs for all costs or expenses that 21 plaintiffs have incurred and will incur for the testing, 22 investigation, abatement, remediation and removal of hazardous 23 substances and/or petroleum products contamination from the 24 structures, soil, subsoil, surface water, and groundwater at 25 and in the vicinity of the site under California law. 26 142 . Absent a judicial declaration setting forth the parties ' 27 rights, obligations and liabilities with respect to these costs or 28 damages, a multiplicity of actions may result. Plaintiffs 32 1 therefore request a judicial determination of the rights, 2 obligations and liabilities of the parties with regard to the 3 hazardous substances and/or petroleum products contamination 4 presently at the site and a judicial declaration setting forth the 5 defendants ' liabilities to plaintiffs with respect to such response 6 costs and expenses that have been or will be incurred for the 7 testing, investigation, abatement, remediation and removal of 8 hazardous substances and/or petroleum products contamination from 9 the structures, soil, subsoil, surface water, and groundwater at 10 and in the vicinity of the site. 11 THIRTEENTH CLAIM FOR RELIEF 12, Unjust Enrichment 13 143 . Plaintiffs incorporate by reference Paragraphs 1 through 14 142 as though fully set forth herein. 15 144 . By wrongfully depositing hazardous substances and/or 16 petroleum products without consent of plaintiffs, and failing or 17 refusing to remove said hazardous substances and/or petroleum 18 products, each defendant has obtained a benefit because they have 19 utilized and are utilizing as a hazardous substances and/or 20 petroleum products disposal site without compensating plaintiffs 21 for the reasonable value thereof, and without incurring the expense 22 of proper disposal of hazardous substances and/or petroleum 23 products in the manner prescribed by law. 24 145. Each defendant has thus been unjustly enriched and 25 should reimburse plaintiffs for the value of the benefit conferred 26 upon defendants, and each of them, by the improper disposal of 27 hazardous substances and/or petroleum products on and beneath the 28 site. Plaintiffs are informed and believe, and thereon allege that 33 1 said benefit to defendants, and each of them, is in excess of the 2 jurisdictional limit of this Court. 3 FOURTEENTH CLAIM FOR RELIEF 4 Restitution 5 146. Plaintiffs incorporate by reference Paragraphs 1 through 6 145 as though fully set forth herein. 7 147. Plaintiffs have expended money to correct and to remedy 8 the conditions of contamination in violation of the environmental 9 laws, which each defendant created, maintained and failed to 10 remedy. 11 148 . Plaintiffs have expended money on behalf of the legal 12 obligation of each defendant to test, investigate and remedy the 13 contamination at the site. 14 149. Under the common law principles of restitution, each 15 defendant is required to reimburse plaintiffs for their costs and 16 expenses. Each defendant has failed to provide fully for such 17 reimbursement. 18 FIFTEENTH CLAIM FOR RELIEF 19 Equitable Indemnity Against All Defendants 20 150. Plaintiffs incorporate by reference Paragraphs 1 through 21 149 as though fully set forth herein. 22 151. By improperly handling, using, storing, and disposing of 23 hazardous substances and/or petroleum products on the site, each 24 defendant contaminated the site as alleged. Each defendant' s 25 improper and careless management of hazardous substances and/or 26 petroleum products on the site gave rise to a duty on their part to 27 remedy the hazardous conditions created by their conduct. 28 34 1 152 . As the record title owners of the site, plaintiffs have 2 been, and will continue to be, compelled to expend substantial 3 amounts for investigation and remediation of the hazardous 4 substances and/or petroleum products contamination caused by each 5 defendant. In so doing, plaintiffs have discharged and continue to 6 discharge a liability equitably attributable to the conduct of each 7 defendant. All costs which have been and will be incurred by the 8 plaintiffs in the investigation and remediation of conditions on 9 the site were and will be incurred because defendants, and each of 10 them, have failed and continue to fail to recognize their equitable 11 obligations. 12 153 . The costs that have been and will be incurred by the 13 plaintiffs for investigation and remediation of the hazardous 14 substances and/or petroleum products contamination on the site are 15 and will be costs arising entirely by reason of each defendant' s 16 wrongful and improper management of hazardous substances and/or 17 petroleum products on the site. Plaintiffs neither created nor 18 contributed to the hazardous substances and/or petroleum products 19 contamination existing on the site. 20 154 . As the consequence of each and every defendant' s 21 wrongful and improper conduct, plaintiffs are entitled to full 22 equitable indemnity from defendants for all response costs and 23 expenses presently incurred, or which will be incurred, by 24 plaintiffs for investigation and remediation of the hazardous 25 substances and/or petroleum products contamination on the site. 26 This claim of entitlement includes all attorneys ' fees incurred by 27 plaintiffs in discharging a liability justly attributable to the 28 defendants. 35 1 SIXTEENTH CLAIM FOR RELIEF 2 Express Contractual Indemnity Against All Defendants (Except Southern Pacitic, Herman J. Tijsseling 3 Enterprises; Titra Corporation, John Davis, dba John Davis Associates, and Calico Lumber Company, Inc. ) 4 155. Plaintiffs incorporate by reference Paragraphs 1 through 5 154 as though fully set forth herein. 6 156. Plaintiffs are informed and believe, and thereon allege 7 that each defendant, except Southern Pacific, Herman J. Tijsseling 8 Enterprises, Titra Corporation, John Davis dba John Davis 9 Associates, and Calico Lumber Company, Inc. , executed written 10 leases as a condition of their tenancy on the site. 11 157. Paragraph 9 of each written lease, provides that each 12 defendant indemnify plaintiffs as "Lessor" and "hold Lessor 13 harmless from any claims for damages, no matter how caused, " in 14 I connection with any property occurring the site. 15 158. As the record title owners of the site, plaintiffs have 16 been, and will continue to be, compelled to expend substantial 17 amounts for investigation and remediation of the hazardous 18 substances and/or petroleum products contamination caused by each 19 defendant. In so doing, plaintiffs have discharged and continue to 20 discharge express contractual liability attributable to the conduct 21 of each defendant. All costs which have been and will be incurred 22 by plaintiffs in the investigation and remediation of conditions on 23 the site were and will be incurred because defendants, and each of 24 25 them, have failed and continue to fail to recognize their contractual obligations. 26 27 159 . The costs that have been and will be incurred by plaintiffs for investigation and remediation of the hazardous 28 substances and/car petroleum products contamination on the site are 36 1 and will be costs arising entirely by reason of each defendant' s 2 wrongful and improper management of hazardous substances and/or 3 petroleum products on the site. Plaintiffs neither created nor 4 contributed to the hazardous substances and/or petroleum products 5 contamination existing on the site. 6 160. As the consequence of each and every defendant' s 7 wrongful and improper conduct, plaintiffs are entitled to full 8 contractual indemnity from defendants for all response costs and 9 expenses presently incurred, or which will be incurred, by 10 plaintiffs for investigation and remediation of the hazardous 11 substances and/or petroleum products contamination on the site. 12 SEVENTEENTH CLAIM FOR RELIEF 13 Breach of Contract Against All Defendants (Except Southern Pacific, Herman J. Tijsseling 14 Enterprises; Titra Corporation, John Davis, dba John Davis Associates, Calico Lumber Company, Inc. ) 15 161. Plaintiffs incorporate by reference Paragraphs 1 through 16 160 as though fully set forth herein. 17 162 . Plaintiffs are informed and believe, and thereon allege 18 that each defendant, except for Southern Pacific, Herman J. 19 Tijsseling Enterprises, Titra Corporation, John Davis dba John 20 Davis Associates, and Calico Lumber Company, Inc. , executed written 21 leases as a condition of their tenancy on the site. 22 163 . At all times relevant herein, plaintiffs, as "Lessor" , 23 have performed all conditions, covenants, duties and promises 24 required to be performed under the terms of each written lease. 25 164 . Paragraph 6 of each written lease, provides that each 26 defendant: 27 [C]omply with all statutes, ordinances and requirements 28 of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to 37 1 the premises, occasioned by or affecting the use thereof by lessee. The commencement or pendency of any state or 2 federal court abatement proceeding affecting the use of the premises shall, at the option of the Lessor, be 3 deemed a breach thereof. 4 165. Paragraph 7 of each written lease, provides that each 5 defendant " . maintain the premises in good and safe condition" 6 and shall not "commit any waste upon the premises. " 7 166. Paragraph 9 of each written lease, provides that each 8 defendant indemnify plaintiffs as "Lessor" and "hold Lessor 9 harmless from any claims for damages, no matter how caused, " in 10 connection with any property occurring the site. 11 167 . Paragraph 11 of each written lease, provides that each 12 defendant "at his expense, shall maintain . . . public liability 13 insurance including bodily injury and property damage insuring 14 Lessee and Lessor with minimum coverage. " 15 168 . Each defendant breached paragraph 6 of each written 16 lease because plaintiffs seek, by this federal court action, to 17 affect the use of the premises. 18 169 . Each defendant breached paragraphs 6 , 7 , 9 and 11 by: 19 (a) improperly handling, using, storing, and disposing of hazardous 20 substances and/or petroleum products on the site during the lease 21 term; (b) failing to maintain the premises in good and safe 22 condition; (c) committing waste upon the premises; (d) failing to 23 respond or to otherwise remedy the contamination to restore the 24 site to good condition and good repair; (e) refusing to indemnify 25 plaintiffs for the responses costs and/or damages to the property 26 that resulted from each defendant' s use and occupancy of the leased 27 premises; and (f) failing to maintain public liability insurance 28 38 li including bodily injury and property damage insuring plaintiffs 2 with minimum coverage. 3 170. Pursuant to paragraph 22 of each written lease, 4 plaintiffs are entitled to attorney' s fees and costs incurred in 5 this litigation. 6 171. As the record title owners of the site, plaintiffs have 7 been, and will continue to be, compelled to expend substantial 8 amounts for investigation and remediation of the hazardous 9 substances and/or petroleum products contamination caused by each 10 defendant. In so doing, plaintiffs have discharged and continue to 11 discharge express contractual liability attributable to the conduct 12 of each defendant. All costs which have been and will be incurred 13 by plaintiffs in the investigation and remediation of conditions on 14 the site were and will be incurred because defendants, and each of 15 them, have failed and continue to fail to recognize their 16 contractual obligations. 17 172. The costs that have been and will be incurred by 18 plaintiffs for investigation and remediation of the hazardous 19 substances and/or petroleum products contamination on the site are 20 and will be costs arising entirely by reason of each defendant' s 21 wrongful and improper management of hazardous substances and/or 22 petroleum products on the site. Plaintiffs neither created nor 23 contributed to the hazardous substances and/or petroleum products 24 contamination existing on the site. 25 173 . As the consequence of each defendant' s wrongful and 26 improper breach of contract, plaintiffs are entitled to damages 27 from defendants for all response costs and expenses presently 23 incurred, or which will be incurred, by plaintiffs for 39 1 investigation and remediation of the hazardous substances and/or 2 petroleum products contamination on the site. This claim of 3 entitlement includes all attorneys ' fees incurred by plaintiffs in 4 discharging an express contractual liability justly attributable to 5 the defendants. 6 EIGHTEENTH CLAIM FOR RELIEF 7 Express Contractual Indemnity Against Elizabeth Pearson, dba Pearson Lumber, 8 and Calico Lumber Company, Inc. 9 174 . Plaintiffs incorporate by reference Paragraphs 1 through 10 171 as though fully set forth herein. 11 175. Plaintiffs are informed and believe, and thereon allege 12 that defendants Elizabeth Pearson, dba Pearson Lumber, and Calico 13 Lumber Company, Inc. (collectively, "lumber defendants") each 14 executed written "Industrial Leases" as a condition of their 15 tenancy on the site with plaintiffs as "Lessor" . 16 176. Paragraph 8 .5 of each Industrial Lease, provides in 17 pertinent part: 18 Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee' s use of 19 the Premises, or from the conduct of Lessee' s business or from any activity, work or things done, permitted or 20 suffered by Lessee in or about the Premises or elsewhere . Lessee, as a material part of the consideration 21 to Lessor, , hereby assumes all risk of damage to property . or injury to persons in, upon or about the Premises 22 arising from any cause and Lessee hereby waives all claims in ;respect thereof against Lessor. 23 177. As the record title owners of the site, plaintiffs have 24 been and will :continue to be, compelled to expend substantial 25 amounts for investigation and remediation of the hazardous 26 substances and/or petroleum products contamination caused by the 27 lumber defendants. In so doing, plaintiffs have discharged and 28 continue to discharge express contractual liability attributable to 40 1 the conduct of each defendant. All costs which have been and will 2 be incurred by plaintiffs in the investigation and remediation of 3 conditions on the site were and will be incurred because lumber 4 defendants, and each of them, have failed and continue to fail to 5 recognize their contractual obligations. 6 178 . The costs that have been and will be incurred by 7 plaintiffs for investigation and remediation of the hazardous 8 substances and/or petroleum products contamination on the site are 9 and will be costs arising entirely by reason of each defendant' s 10 wrongful and improper management of hazardous substances and/or 11 petroleum products on the site. Plaintiffs neither created nor 12 contributed to the hazardous substances and/or petroleum products 13 contamination existing on the site. 14 179 . As the consequence of each defendant' s wrongful and 15 improper conduct, plaintiffs are entitled to full contractual 16 indemnity from lumber defendants for all response costs and 17 expenses presently incurred, or which will be incurred, by 18 plaintiffs for 19 investigation and remediation of the hazardous substances and/or 20 petroleum products contamination on the site. 21 NINETEENTH CLAIM FOR RELIEF 22 Breach of Contract Against 23 Elizabeth Pearson, dba Pearson Lumber, and Calico Lumber Company, Inc. 24 180. Plaintiffs incorporate by reference Paragraphs 1 through 25 179 as though fully set forth herein. 26 181. Plaintiffs are informed and believe, and thereon allege 27 that defendants, Elizabeth Pearson, dba Pearson Lumber, and Calico 28 Lumber Company,- Inc. (collectively "lumber defendants") each 41 1 executed a written "Industrial Lease" as a condition of their 2 tenancy. 3 182. At all times relevant herein, plaintiffs as "Lessor" , 4 have performed all conditions, covenants, duties and promises 5 required to be performed under the terms of each Industrial 6 Lease. 7 183 . Paragraph 6. 2 of each Industrial Lease, provides, in 8 pertinent part,' that each defendant: 9 shall, at Lessee' s expense, comply with all applicable statutes, ordinances, rules, regulations, - orders, 10 restrictions of record, and requirements in effect during the term or any part of the term hereof regulating the 11 use by Lessee of the Premises. Lessee shall not use nor permit theluse of the Premises in any manner that will 12 tend to create waste or a nuisance . 13 184 . Paragraph 8 of each Industrial Lease, provides, in C 14 pertinent part, , that each defendant: 15 [S]hall at' Lessee' s expense, obtain and keep in force during the term of this Lease a policy of Combined Single 16 Limit, Bodily Injury and Property Damage insurance insuring Lessor and Lessee against any liability arising 17 out of the 'ownership use, occupancy or maintenance of the Premises and all areas appurtenant thereto. 18 185. Paragraph 8 .5 of each Industrial Lease, provides, in 19 pertinent part, that each defendant: 20 Lessee shall indemnify and hold harmless Lessor from and 21 against any and all claims arising from Lessee's use of the Premises, or from the conduct of Lessee ' s business or 22 from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere 23 . . . . Lessee, as a material part of the consideration to Lessor, ',,hereby assumes all risk of damage to property 24 or injury ',to persons in, upon or about the Premises arising from any cause and Lessee hereby waives all 25 claims in respect thereof against Lessor. 26 186. Each defendant breached paragraphs 6. 2 , 8 and 8 . 5 of the 27 Industrial Lease by: (a) improperly handling, using, storing, and 28 disposing of hazardous substances and/or petroleum products on the 42 1 site during the lease term in violation of applicable state and 2 federal law; (b) failing to maintain the premises in good and safe 3 condition; (c) committing waste upon the premises ; (d) failing to 4 respond or to otherwise remedy the contamination to restore the 5 site to good condition and good repair; (e) failing to maintain 6 liability insurance including bodily injury and property damage 7 insuring plaintiffs with minimum coverage; and (f) refusing to 8 indemnify plaintiffs for the responses costs and/or damages to the 9 property that resulted from each defendant' s use and occupancy of 10 the leased premises. 11 188 . Pursuant to paragraph 16. 16 of each Industrial Lease, 12 plaintiffs are entitled to attorney' s fees and costs incurred in 13 this litigation. 14 189. As the record title owners of the site, plaintiffs have 15 been, and will continue to be, compelled to expend substantial 16 amounts for investigation and remediation of the hazardous 17 substances and/or petroleum products contamination caused by each 18 defendant. In so doing, the plaintiffs have discharged and 19 continue to discharge express contractual liability attributable to 20 the conduct of each defendant. * All costs which have been and will 21 be incurred by plaintiffs for the investigation and remediation of 22 conditions on the site were and will be incurred because lumber 23 defendants, and each of them, have failed and continue to fail to 24 recognize their contractual obligations. 25 190. The costs that have been and will be incurred by 26 plaintiffs for investigation and remediation of the hazardous 27 substances and/or petroleum products contamination on the site are 28 and will be costs arising entirely by reason of each defendant' s 43 _ 1 wrongful and improper management of hazardous substances and/or 2 petroleum products on the site. Plaintiffs neither created nor 3 contributed to the hazardous substances and/or petroleum products 4 contamination existing on the site. 5 191. As the consequence of each defendant' s wrongful and 6 improper breach of contract, plaintiffs are entitled to damages 7 from lumber defendants for all response costs and expenses 8 presently incurred, or which will be incurred, by plaintiffs for 9 investigation and remediation of the hazardous substances and/or 10 petroleum products contamination on the site. This claim of 11 entitlement includes all attorneys ' fees incurred by plaintiffs in 12 discharging an express contractual liability justly attributable to 13 the lumber defendants. 14 PRAYER FOR RELIEF 15 WHEREFORE, Plaintiffs Daniel C. Helix, Mary Lou Helix, Samuel 16 P. Young, Elizabeth Young, Sheila Brutoco, John V. Hook, Geneva B. 17 Hook, John V. Hook and Steven Pucell, as Co-Trustees under the Will 18 of Mildred A. Hook, and the Contra Costa County Redevelopment 19 Agency pray for judgment against the defendants, and each of them, 20 as follows: 21 1. For damages in an amount to be proven at trial; 22 2. For reasonable attorneys' fees, costs of suit and interest 23 to the time of judgment; 24 3 . For contribution and indemnity from defendants according 25 to proof, together with interest thereon; 26 4 . For a declaratory judgment that defendants are jointly and 27 severally liable for the presence of hazardous substances 28 contamination on the site under CERCLA; 44 1 5. For a declaratory judgment that defendants are jointly and 2 severally liable for general damages and all costs or expenses, 3 including attorneys ' fees, necessary to respond to the release and 4 threat of release of hazardous substances onto and from the site 5 under CERCLA; 6 6. For a declaratory judgment directing that each defendant 7 reimburse plaintiffs for all costs and expenses, including 8 attorneys ' fees, that plaintiffs have incurred and will incur for 9 the testing, investigation, abatement, remediation and removal of 10 hazardous substances contamination from the structures, soil, 11 subsoil, surface water, and groundwater at and in the vicinity of 12 the site under CERCLA; 13 7. For a declaratory judgment that defendants are jointly and 14 severally liable for the presence of hazardous substances and/or 15 petroleum products contamination on the site under California law; 16 8. For a declaratory judgment that defendants are jointly and 17 severally liable for general damages and all costs or expenses 18 necessary to respond to the release and threat of release of 19 hazardous substances and/or petroleum products onto and from the 20 site under California law; 21 .9 . For a declaratory judgment directing that each defendants, 22 reimburse plaintiffs for all costs or expenses that plaintiffs have 23 incurred and will incur for the testing, investigation, abatement, 24 remediation and removal of hazardous substances and/or petroleum 25 products contamination from the structures, soil, subsoil, surface 26 water, and groundwater at and in the vicinity of the site under 27 California law; and 28 45 ie 1 10. For such other and further relief as the Court may deem just and proper. 3 Dated: JUNE 22 , 1992 Respectfully submitted, 4 JAFFE, TRUTANICH, SCATENA & BLUM BY: 6 GARRETT L. WONG, Attorn'tays for Plaintiff, Daniel C. Helix,Mary 7 Lou Helix, Samuel P. Young, Elizabeth Young, Sheila 8 Brutoco, John V. Hook, Geneva B. Hook, and John V. Hook and 9 Steven Pucell, as Co-Trustees under the Will of Mildred A. 10 Hook and the Contra Costa County Redevelopment Agency 11 DEMAND FOR JURY TRIAL 12 13 Plaintiff hereby demands a trial by jury. 14 Dated: June 22f 1992 BY: 151 GARRETT L. WONG, Attor Plaintiff, Daniel C. Helix,Mary 16 Lou Helix, Samuel P. Young, Elizabeth Young, Sheila 17 Brutoco, John V. Hook, Geneva B. Hook, and John V. Hook and 18 Steven Pucell, as Co-Trustees under the Will of Mildred A. 19 Hook and the Contra Costa County Redevelopment Agency 20 21 22 23 24 25 26 27 28 _ 46 ooE(jl p-� ooh• -oo•(�jo(/r�� 1 GO(L73 Rei 4 ~ - Qom,,,—_►"'---- mo J • • P . 5 5 3 8 7 8 14 2 .''` '�.° �+cr? a? r.d�\ U.J. . . acr2ss2 , q t,�t�;ot Q, ® Southern Pad c Lines - - 3 6 a� • - -- --ALI ► aj RETURN RECEIPT REQUESTED Contra Costa County Redevelopment Agency 651 Pine Street Martinez, CA 94553 . Attention: Vic Westman County unse) ;i RETURN RECEIPT REQUESTED / CLAIM 0 C 1 71BOA11QQ�RF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA �Y XOUN�EL Claim Against the Count��•j �ivW y �$i�Ait governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT NOVEMBER 24 , 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: $510 , 000 .00 Section 913 and 915.4. Please note all *Warnings". CLAIMANT: SUTHERLAND, George Victor 137;8 Redwood Street ATTORNEY: Pittsburg, CA , 94565 Date received ADDRESS: BY DELIVERY TO CLERK ON October 21 , 1992 (hand delivered) 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 26 , 1992 JAIL BATCHELOR, 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 910.8). ( ) 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: Z Gated: Z 7 y 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 isa true and correct copy of the Board's Order entered in its minutes for this date. Dated: N 0 V 24 1992 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code sec 13) Subject. to certain exceptions, you have only six -(6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *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 5 1992 BY: PHIL BATCHELOR by 5� Deputy Clerk CC: County Counsel County Administrator • . ' Claim td: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this Tr— . RE: Claim By ) Reserved for Clerk's filing stamp RECEIVE® ) Against the County of Contra Costa ) OCT Z 11992 .. -' or ) ' '�?A`. q D CLERK BOARD OF SUPERVISORS ��; CONTRA COSTA CO. Fill in ) , The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ �"���m ly,-v 2 and in support of this claim represents as follows: 1�. When did the damage or injury occur? (Give exact- date and hour) J7U,..jV. 3, )5J 2- zsT TJ»i e, ; S 00 -lo-vo PAI — 13�tk,e 'J<. Cc.� 02 8 a 9LOU ----------- 2. 'Where did.-the damage`\or injury occur? (Include city and county) -T-QQ Q�� f cirri 0 a-A-4 �)dgPci.� Y-14ML V. La, c_.2r a �= %'0 O/p� i� 3. How did the damage or injury occur? (Give full details; use extra paper if required) 4. What particular act or emission on. the part of. county or district officers, servants or employee's caused the injury or damage? 4 r .. - . , a �d (Z`_ 5. What are the names of county or district officers, servants or employees causing the damage or injury? r� za 94ZIO� �t7- F9 � 1. 12 -�'i�,�i h-�-��--1--------------------------- Z _ J 6. What dams e or injuries do you claim resulted? . (Give full extent of injuries or damages claimed. Attach two estimates for auto d e.• d-� 7`)s � � — �� e/ LLQ rpt ----------------------------------------------------------------=-------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) _ ----------------------------------- ----------- 8. Names and addresses of wit�esses, doctors hospital , . �e 2_1a �- 9. List•the 'expenditures you made on account of tt5is accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910.2: proyides: "The claim must be signed by, the claimant SEND NOTICES TO: (Attorney) or some person on his ehalf." -Name and Address of Attorney �. imant's ture doS� Address CGL , Telephone No. Telephone No-2.L - • NOTICE l oN�Sow, Section 72'''of the>Penal,Code-'provides: �_)O �� — ? /� ;.F G• t �i. t - i S "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 ($10,000, or by both such imprisonment and fine. CONFIDENTIAL COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY RECEIVED MARTINEZ, CALIFORNIA MEMORANDUM CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. Date: November 9, 1992 TO: Clerk of the Board, Jeanne Maglio FROM: Victor J. Westman, County Counsel By: Gregory C. Harvey, Deputy County Counsel R$: George V. Sutherland Claim -- Address Correction. Attached is memorandum from Ron Harvey regarding the claim of George V. Sutherland. Ron advises that the address that the Clerk of the Board has is incorrect. The correct address on this claim is 1378 Redwood St. , Pittsburg, California 94565 . The corrected address should be used for notification of action on the claim. cc Ron Harvey CONTRA COSTA COUNTY RISK MANAGEMENT Administration Building, 6th Floor Martinez, California November 9, 1992 TO: Victor Westman, County Counsel Attn: Gregory Harvey, Deputy County Counsel FROM: Ron Harvey, Liability Claims Manager SUBJECT: Sutherland v. County of Contra Costa. I just ascertained" that the Clerk of the Board reversed the street address. The correct address is George V. Sutherland, 1378 Redwood Street, Pittsburg, California, 94565. RH:alh ('!, o' l� ` R�FIVED CLAIM CT ,8QtD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or poix%ict governed by) BOARD ACTION the Board of Supervi sow t ti(r*ttndorsements, ) NOTICE TO CLAIMANT NOVEMBER 2 4 , 1992 and Board Action. All"3ection 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: $2 , 000 , 000 . 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: VANDERPOOL, Bruce Conway 2822 Delmore—Road ATTORNEY: San pablo, CA„; 94806 Date received ADDRESS: BY DELIVERY TO CLERK ON October 22 , 1992 BY MAIL POSTMARKED: October 20 , 1992 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pH BB DATED: October 26 , 1992 BAIL Depu yLOR, Clerk 1I. FROM: County Counsel TO: Clerk of the Board of Supervisors ( t/) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days.(Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: 1, /y Dated: ZG ` Z BY: C. Deputy County Counsel L 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD OR R: By unanimous vote of the Supervisors present 1I 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 24 1992 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sec 913) Subject to certain exceptions, you have only six (6) months from the date this-notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnina see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury ,that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: N 0 V 25 1992 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator L:1alm LOS ViAri°7 Ur *VJrXXV1Wr.5 U13' Lail-rka Lxk IXA LWKII INSTRUCTIONS TO CLAMANT A. Claims relating to causes of action fat, 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 notj;later than the 100th day after the accrual of the cause of action. Claims relating to causes of Motion for death or for injury to person onto personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than, six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a,district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against tore 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 3 orm. e • e • eesfeeefoe • • ees • aaeesaeefeeeeegeseeeese REs Claim By ) Reserved for Clerk's filing stamp ) ECLERR EIVED Against t County Of Contra Costa ) OCT2 21992 or ) -- District] A�OS co�s _ (Fill n name • 7 ) , The undersigned claimantjhereby makes claim against the County of Contra Costa or the above-named District in the sum of $ a,J)oD, p0D, 00 and in support of this claim represents as follows 1. When did the damage or injury occur? (Give exact date and hour) MMy--� O�gMYYr-q-MO M 2. Where did the damage'or injury cocur? (Include city and county) 97ft4EL IE V M . 3. How did the damage or injury occur? (Give full detailag use extra paper if required) WAS s7,2vciL 2�P��T�©�-� 6� 0������ O � r -1 FFS 0070 4. What particular act ,or omission on the part of cxxutty or district officers, servants or employees caused the injury .or damage? (over) .5. .What .are the names of county or district officers, servants or employees causing ' the damage or injury'? t- C&AA Y) 6. What damage or injuries do,you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. LAr,F_aA F-b 9AR.AM ar10 Ga�vG�S�t0of , 1a®�tS OF l rA.fZlWG -AN o Co/ 1't-i N k ou s RjEnAclmrs _ 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) PAW AoU 0 ,Sw FFX7Q�Vt /490 8. Names and addressesof witnesses, doctors and hospitals. &F�FRL Y V•4\)D- f0®0 L_ 9. List the expenditures you made on account of`this accident or injury: DATE ITEM AMOUNT Gov. Coep Sec; 910.2 pmv i.des "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of Attorney fLUcC. GcNm4y l),&rvnr_XP001_.. Claimant's Signature 0&L'N AZA. 1�iD Address 'S, ,J PAQLO , C Telephone No. Telephone No.( S`! D) �6„'-/-/X94/ sfe * eI Ir 0e • �teef 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 Af 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. .. N S4 Xr' d "o, 0' O Cli v ,,; RE�FtNFD CLAIM � Q C 7 1992 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 1r coUNM Claim Against th WCpMi strict governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT NOVEMBER 24 , 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: $9 , 975 . 00 Section 913 and 915.4. Please note all •Warnings". CLAIMANT: VILORIA, Kenn R. P.O. Box 7292 ATTORNEY: Vallejo, CA 94590 Date received ADDRESS: BY DELIVERY TO CLERK ON October 23 , 199.2 (via Risk Mgnt) BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. 1 9 9 2 IVIL BATTCHtyLOR, Cler DATED: october 26 , e u 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: A. Dated: Z'1� /YY 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 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. t NOV 24 1992 Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sect13) 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 immed''iately. *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 16; 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 2 1992 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel 1' County Administrator i'. NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM Kenn R. Viloria TO. R.O. Box 7292 #f Vallejo, CA 94590 Re: Claim of Kenn R. Viloria Please Take Notice as Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910and 910.2, or is otherwise insufficient for the reasons checked below: 1. Theclaim fails to state the name and post office address of the claimant. 2. The claim fails to state the post. office address to which the ';person presenting the claim desires notices to be sent. 73_ * The ,claim fails to state the date place or other circum- stances of the occurrence or transaction which gave rise to theclaim asserted. 4. The claim fails to state the narhe(s) of the public employee s causing the injury, damage, or loss, if known. S. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000) . If the claim totals less that ten thousand dollars ($10,000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000) , the claim fails to state whether jurisdiction over the claim woulc rest ''°4n municipal or superior court. 6. The claim is not signed by the claimant or by some person on his behalf. ✓ 7. Other':_ t.,c, a�.�,�rrt oy%Ao.rc.1., 'VS �ytu3yt�ts`rt AJ 1�s\t1;, A .r 2_7 19 q 2. - LO e. C a +ti%n of tQ__I L` A.-. VICTOR J. WESTMAN, County Counsel By: DeKt�20(r ty ounse CERTIFICATE OF SERVICE BY MAIL (C.C.P. '1§§ 1012, 1013a, 2015.5; Evid. C. §§ 541, 664) , My business address is the County Counsel's Office of Contra Costa County, Co.Adm' n.Bldg. , P.O. Box 69, Martinez, California 94553, and I am a citizen of the Unitedttates, over 18 years of age, employed in Contra Costa County and not a party to this action. I served a true copy of this Not�:ce of Insufficiency and/or Non- Acceptance of Claim by placing, it�in an envelope(s) addressed as shown above (which is/are place(s)c, having delivery service by U.S. Mail) , . which envelopes) was thenrsealed and postage fully prepaid thereon, and thereafter was, on' this day deposited in the U.S. Mail at Martinez/Concord, Contra 166sta County, California. I certify under, penalty of per3ury that the foregoing is true and correct. October 28, 1992 Dated: , at Martinez, Cali ornia. cc: Clerk of the Board of Supervisors ( iginal) Risk Management (NOTICE OF INSUM ;NCY OF CLAIM: GOVT. C. ' §§ 910, 910. 21 920 . 4 , 910 . 8 page(1) of ( 3) pages Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to ;causes of 'action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later .than the 100th day. after the accrual of the cause of. action. Claims relating •to. causes of action for -death or for injury to person or to personal property or growing-crops and which accrue on.-or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to-any other cause of action must be presented not later,than one year,; after the accrual of the cause of action. (Govt. Code 5911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp r1L CIS_ VILORIA RECEIVE® ) Against_ the County of Contra Costa ) ;L OGTk .3 - - - or ) S &6 Ve, District) CLERK BOARD OF SUPERVISO Fill in name ) CONTRA COSTA CO. Ly page (1) of ($) ges The undersigned claimant hereby makes claiY�7 t the County of Contra Costa or'� the above-named District in the sum of $ j,00 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) page (1) of ( 3) pages 2. Where did the damage or injury occur? (Include city and county) o page (1) of ( 3) pages 3. How did the damage or injury occur? (Give full details; use extra paper if required) bo page (1 ) of ( 3) pages coa --------------------------- -------------------------------- 4. What particular act or omission on the part of county or district officers, servants or .employees caused the injury or damage? Page ( 1) of ($) pages (over) page ( 2) of ( 3) pages The undersigned claimant hereby makes a claim against the Country of Contra Costa and in support of t Is claim represents as the oll'owl ;g: When did the damage or injury, occur? The injury and damage occurred in the latter part of March, on 4/27/92, late. 2) Where did the injury occur? The incident occured in the Contra Costa Library at the City of Concord. 3) H ow did the damage or injury occur? I pulled out a chair brought into the room and sat down; almost instantly the wooden chair collapsed under me. 4) What particular act or omission on part of county or district officers, servants or employees caused the injury or damage? In particular reguard to the buyer-seller agreement for distributing specific County assets (wooden chairs) , that they who are continuing the business of library services in the interest of the said community: 1 ) prevented my acci.dent report from ever reaching the formal authorities ; 2) s ubjected the assets to more than ordinary intended use and 3) in an environment directly affecting its quality; 4) - for its warrenty lacking of interest to the community and 5) the said is unreasonably a dangerous ;cause above the accepted good fa' th belief to the user or consumer; there must4onitoring and updating, the 6) safety assessments are not to be made a one-time affair. 5)7.That are the names of county or district officiers, servants or employees causing the damage or injury? The Executive Administrator Director, the named insured# Mr. Phil Batchlor, the pbli.cy holder. . 6 ) What damage or ;Injuries do you claim resulted? My back hurts , left arm and hand, I bumped the b ack of my head and suffered some emotional distress. 7) How was the amount claimed above computed? 9,975.00 is how I felt. 8) Names and addressess . of witnessess , doctors and hospitals. I visited the office of a doctor, a specialis t of the page (2) of (3) pages lower back. It w as on the 2 nd floor I think #226 or 229 or something like that an Italian netme like Divinci Larzardo. There was another doctor of the same speciality from Pitsburg. . . I think his name was Dr. Waring or Warton, he comes to the place only on certain days , but both have practices at the same place. The doctor on call for immediate consult did everything possible since I was in pain, but I forgot to mention to him about the brusied elbow for my back was what really bothered me. The address is: Mt. Diablo Medical Center 2540 East Street Concord., CA 94520. 9) List the expenditures ,you made on account of this. acci_d.ent or injury: Gas'. . milage to and from Vallejo and to Martinez about twenty dollars with photographs film and processing another five dollars. page ( 3) of (3) pages 9 `V 7 of .{ s c,.*': G •z5 v O O %n Ir a. i y CO 0 0 c o � �®a 0 0 a� CA ° NE � 2 G m . 0 V 4 CLAIM //7 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA a Claim Against the County, or District governed by) BOARD .ArTTou - the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT November--243.19.9,2- 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: $549 . 43 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: WOOLRIDGE, Berniece (Claim No. 101-1377023) ATTORNEY: California Casualty Group P'.O.' Box 8 017 Date received ADDRESS: Walnut Creek, CA 94596-1099 BY DELIVERY TO CLERK ON October 29 , 1992 BY MAIL POSTMARKED: hand delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: November 2 , 1992 JVIL �ep�tyLOR, 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 910.8). ( ) 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: W&-Z'-Gua-4k j�j�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 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. Dated: N 0 V 24 1992 PHIL BATCHELOR, Clerk, By Deputy Clerk IV 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 prepaida certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: N 0 V 2 5 1992 BY: PHIL BATCHELOR by/5z y Deputy Clerk CC: County Counsel County Administrator 450 California Casualty Group ILL " 'n`JRECEIV October 26, 1992 OCT 2 91992 Contra Costa Company CLERK BOARD OF SUPERVISORS P Y CONTRA COSTA CO. 2475 Water Bird Way Martinez CA 94553 RE: Your driver Alfonso Robert Perez Your claim # N/A Date of loss 10-06-92 Our insured Berniece Woolridge Our claim # 101-1377023 Amount requested: $549.43 You have been named as the person responsible for the damage to our insured' s vehicle. Attached is our documentation. Please send payment to this office at your earliest convenience. There are reported injuries in our vehicle. Very truly yours,. CALIFORNIA CAS4ALTY INSURANCE COMPANY 1. 11, 14'-q Mamie Gibson Claim Representative (510) 930-2744 cc: Berniece Woolridge ENC. California Casualty&Fire Insurance Co. California Casualty Indemnity Exchange California Casualty&Life Insurance Co. California Casualty Insurance Co. California Casualty General Insurance Co. 375 N.Wiget Lane Walnut Creek,CA 94598-2431 P.O.Box 8017 94596-1099 sE-615-59(8/92) (510)932-6699 PHONE:(510)451-1889HENRY HANZEL SINCE 1934- _ HANZE _" AUTV tU K_D MECHANIC MARK BEHNING:• 7 6 71 COMPLETE COl ION AND AAA APPROVEEPAIRS :. 456 TWENTY-THIR T. (BETWEEN BROADWAY&TELEGRAPH)OAKLAND, C LIF. 94612 C` � Trim# LIC�1NSE � Pt 16 SERIAL R0�52 k [d 2?1"9 e. .. OWNER � l"r C)c:? � ifr- F' RES D.O.L. PHONE MILEAGE Claim#. ADDRESS CITY BUS ENGINE Mldg. INSLJRANCE I JOB# MirrorYEAR / MAKE �sCOR / C MODEL Bumper w/grd w/pad srmooi FRONT • u"BopLABOR `"Bop PARTS srmboi •.•' REAR PARTS armed LEFT- PARTS srmnm RIGHT LABOR PARTS HOURS LABOR LABOR HOURS Bumper Bumper Name Plate Name Plate Bumper Rein. Bumper Rein. Fender Fender Bumper Pad Bumper Pad to r Ext. Fender Ext. Bumper Grd. Bumper Grd. Fender Liner Fender Liner Bumper Brkt. Bumper Brkt. ender Shld. Fender Shld. Bumper Tip Bumper Tip ender Mldg. Fender Mldg. Gravel Shield Gravel Shield Fender Mldg-W.O. Fender Mldg-W.O. Lo Lower Shield Lower Panel `- Side Marker Side Marker Front System Floor Headlamp < Headlamp �.�-,+ Frame Trunk Lid Headlamp Dr. Headlamp Dr. X mbrs Trunk Mldg. Seal Beam Seal Beam Wheel&Stem Trunk Hinge Park Lamp Park Lamp Tire Trunk Lock Cowl Cowl Hub Cap Trunk Rubber Door Frt. Door Fri. Lwr.Control Arm Lic. Lamp Door Frame Door Frame Upr.Control&Jt. Exhaust Door Mldg. Door Mldg. Shock-Strut Gas Tank&Neck Door Hinge Door Hinge Spring Gas Tank Door Door Glass Door Glass Spindle Frame Mirror Mirror Steering Hub&Drum Vent Glass Vent Glass P.S.Pump Axle Door Handle Door Handle Header Panel Back Plate, Center Post Center Post Rad.Grille('I' c..t C. Spring Door Rear Door Rear Grille Mldg. Shock Door Frame Door Frame Horn--- MISC. Door Glass Door Glass Baffle: ::' Windshield Door Midg. Door Mldg. Latch_-i 7" {; Kit Rocker Panel Rocker Panel Lock.Plate Upr.c, - ; Rear Glass..: Rocker Mldg. p Rocker Mldg: Vert:Supt. -:•: Color Match Floor - Floor Hood._f Cover Car,. ._ i Frame Frame Hood Mld r Antenna _ g Dog leg Dog leg •• Hood Hinge-` � -: ':.�:- �_� � Radio--c --° :- � Qtr.Panel ! • Qtr.Panel ,:.._... .,_,. -__...+. _ Qtr. Ornament A.C.Condenser Qtr: Rad.Sup . Recharge Qtr. Mldg: Qtr.Mldg:. Rad.Core c{ Inst. Panel:- Qtr.Mldg-W.O. Qtr. Mldg-W.O.: , `AntFFreezrt:Seat Ad):'-» _-'"' ., '. .. Qtr.Name.__ __ Qtr. Rad:`Hose ,ws #tib Seat -� - -- at u Fan Blade x 1 a Headlinin :._-'�- .Sd Side.Marker . � ,. 9. _ -.. a Side Marker k . `. Fan.Belt Qtr:Glass_­,i .-7 Qtr _ :Glass _ F- Shroud_ j W/S Mldg. . Tail Lamp __.__ . _ Tail Lamp' Alternator Battery Water Pump:- _ Paint .. d e� . -Hrs:.Q $: pD_ P. Hr: LABOR$ ?D Pulley:' Stripe. -: y .The above Is an estimate based on our Inspection and does :-•M -.PARTS$$ _ not cover any additional parts or labor which maybe required Motors-_- - Impact.Coat-'. =after the work has been opened upOccasionally after the work has started,worn or parts are discovered, ENV DISPOSAL$" Motof mounta�, Zolotone which are not evident on the first inspection.Because of this • SUBLET$`» Undersea) the above prices are not guaranteed,and are for Immediate V'• .Trans.Linkage: •! _. ,_ - acceptance only. �-' : Rock guard SALES.TAX ..... .. ESTIMATE TOTAL$ _ ADVANCE CHARGES$ ., DATE iJt. 0 r. .nl� Ir 'GRAND_TOTAL$ ��f`� r PART PRICES SUBJECT BY . TO INVOICE 0!03767 REYNOLDS OKLAHOMA CITY / - t . RECEIvRto. / y OCT ' 7 1992 APPLICATION TO FILE LATE CLAIM CuuNIN "OUNSELBOARD OF SUPERVISORS OF, CONTRA COSTA COUNTY, CALIFORNIA MARTINEZ cAUR BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT NOVEMBER .2 4.;x;19 9.2 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: BACON, John W. Attorney: Stephen G. Chandler Chandler & Bruner Address: Best Building'; 1330 E. 14th St. San Leandro, CA 94577-4751 October 22 , 1992 Amount: By delivery to Clerk on $20 , 000 . 00 Certified Date Received: October 22 , 1992 By mail, postmarked on October 2(1,. 1992 I. FROM: Clerk of the!"Board of Supervisors TO: County Counsel Attached is a copy of the above noted Applicatio to File Late Claim. DATED: Oct. 26 , 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). ( Board shoulddeny this Application to File Late C1 (Section 11.6). DATED: 21 ���L VICTOR WESTMAN, County Counsel, B Deputy III. BOARD ORDER By unanimous vote of Supervisors sent (Check one- only) ( ) This Application is igranted (Section 911.6). (This Application to ,:File Late Claim is denied (Section 911.6). I certify that this lis a true and correct copy of the Board's Order entered in its minutes for this date. DATE: N O V 4 1992 PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code $911.8) If you wish to fileta 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 (claimsentation 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, you should do so immediatel . IV. FROM: Clerk of the Moard T0: 1 County Counsel 2 County Administrator Attached are copiesjof 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. NOV 2 5 1992 PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Admini or 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 LAW OFFICES OF CHANDLER & BRUNER STEPHEN M.CHANDLER PROFESSIONAL CORPORATION LELAND W.BRUNER A.W. BRUNER(1901-1962) STEPHEN G.CHANDLER BEST BUILDING, 1330 EAST 14TH STREET ANNE BRUNER NASH SAN LEANDRO,CALIFORNIA 94577-4751 FAX:(510)483-0118 TELEPHONE:(510)483-1444 October 20, 1992 RECEIVE® OCT 2 21992 CLERK BOARD OF SUPERVISO � CONTRA COSTA CO. Clerk, Board of Supervisors County of Contra Costa 651 Pine Street Martinez, CA 94553 Re: Claim of John W. Bacon Dear Clerk: Enclosed please find the following documents : 1 . Application for Leave to Present Late Claim on Behalf of Claimant; 2 . Declaration of Stephen G. Chandler in Support; and 3 . Claim for Personal Injuries . I am hereby presenting these documents to the Board for re vi w and consideration. Kindly return a conformed copy of each document to me in the enclosed, prepaid envelope. (((/// Thank you in advance for your assistance in this matter . Very truly yours, CHANDLER & BRU ER STEPHENVCYNDLER SGC/pms Enclosures I STEPHEN G. CHANDLER, ESQ. 114699 CHANDLER & BRUNER — 2 Professional Corporation RECEIVED 1330 East 14th Street 3 San Leandro, CA 94577-4751 E 2 21992 4 Telephone: (510) 483-1444 f 5 Attorney for Plaintiff CLERK BOARD OTR OFSTACO.I 6 7 8 9 Claim of 10 JOHN W. BACON, Claim Number 11 Claimant, 12 v APPLICATION FOR LEAVE 13 TO PRESENT LATE CLAIM ON COUNTY OF CONTRA COSTA, BEHALF OF CLAIMANT 14 (GovernmentjCode §911 .4) 15 16 TO THE BOARD OF SUPERVISORS FOR THE COUNTY OF CONTRA COSTA: 17 1 . Application is hereby made, pursuant to Government Code 18 §911.4, for leave to present a late claim founded on a cause of 19 action for personal injury which occurred on October 30, 1991, for 20 which a claim. was not presented within the six (6) month period 21 provided by §.911.2 of the Government Code. For additional 22 circumstances relating to the cause of action, reference is made to 23 the claim attached to this application. 24 2 . The failure to present this claim within the six (6) month 25 period specified by §911.2 of the Government Code was through 26 mistake, inadvertence, surprise, and excusable neglect of claimant, 27 and the County of Contra Costa was not prejudiced by this failure, 28 all as more particularly shown by the attached Declaration of I Stephen G. Chandler . 2 3 . This application is being presented within a reasonable 3 time after the accrual of this cause of action, as more particularly 4 shown by the attached Declaration of Stephen G. Chandler. 5 WHEREFORE, it is respectfully requested that this application 6 be granted and the attached proposed claim be received and acted on 7 in accordance with §§912 .4-913 of the Government Code. 8 CHANDLER & BRUNER 9 10 Dated: October 20, 1992 11 STEPIN N —CHANDLER Attor ey for Plaintiff 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- I PROOF OF SERVICE BY MAIL - CCP §§ 1013a, 2015.5 2 I declare that: 3 I am employed in the County of Alameda, California . I am over the age of eighteen years and not a party to this action; my 4 business address is 1330 East 14th Street, San Leandro, California, 94577. 5 On October 20, 1992, following ordinary business practices, I 6 placed for collection and mailing by certified mail, return receipt requested, at the office of CHANDLER & BRUNER, Professional 7 Corporation, located at 1330 East 14th Street, San Leandro, California, 94577, a copy of the attached APPLICATION FOR LEAVE TO 8 PRESENT LATE CLAIM ON BEHALF OF CLAIMANT (Government Code §911.4) in a sealed envelope, with postage fully prepaid, addressed to: 9 CLERK, BOARD OF SUPERVISORS 10 COUNTY OF CONTRA COSTA 651 Pine Street 11 Martinez, CA 94553 12 I am readily familiar with the business ' practice for collecting and processing of correspondence for mailing with the 13 United States Postal Service and, in the ordinary course of business, the correspondence would be deposited with the United 14 States Postal Service on the day on which it is collected at the business . 15 I declare under penalty of perjury under the laws of the State 16 of California that the foregoing is true and correct, and that this declaration was executed on October 20, 1992, at San Leandro, 17 California. 18 P. M. STAFN 19 20 21 22 23 24 25 26 27 28 1 STEPHEN G. CHANDLER, ESQ. 114699 CHANDLER & BRUNER 2 Professional Corporation 1330 East 14th Street 3 San Leandro, CA 94577-4751 EIV ED 4 Telephone: 510 483-1444 �� �� P ( ) 5 Attorney for Plaintiff OCT 2 2 1992 6 CLERK BOARD OF SUPERVI CONTRA COSTA CO- 7 8 9 Claim of 10 JOHN W. BACON, Claim Number 11 Claimant, 12 v DECLARATION OF STEPHEN G. 13 CHANDLER IN SUPPORT OF COUNTY OF CONTRA COSTA, APPLICATION FOR LEAVE 14 TO PRESENT LATE CLAIM ON BEHALF OF CLAIMANT 15 16 I, STEPHEN G. CHANDLER, declare: 17 1. I am an attorney duly licensed to practice law in the 18 State of California, and I am making this declaration in support of 19 claimant ' s application for leave to present a late claim. If I 20 were called as a witness, I could competently testify to the 21 matters set forth herein as being of my own personal knowledge, 22 except as to those matters stated on information and belief . 23 2 . Based on conversations with my client, I am informed and 24 believe that he was injured on October 30, 1991, at the Sheraton 25 Hotel, Concord, California. John W. Bacon, as reported to me, sus- 26 tained substantial injuries to both his shoulders . I was retained 27 by John W. Bacon in July 1992 . By the time I was retained, the six 28 (6) month period within which to file a governmental claim had • 1 already expired. On October 15, 1992, I ordered a title search of 2 the property underlying the Sheraton Hotel in Concord, California, 3 and discovered that the County of Contra Costa had leased the 4 subject premises where the fall had occurred and therefore I am 5 informed and believe that the County of Contra Costa is the owner 6 of the property where the fall occurred. I did not discover this 7 information until on or about October 15, 1992 . Upon discovery 8 that the owner of the property may be the County of Contra Costa, I 9 immediately made an application to file a late claim. 10 I declare under penalty of perjury under the laws of the State 11 of California that the foregoing is true and correct, and that this 12 declaration was executed on October 20, 1992, at San Leandro, 13 California. 14 15 STEPHENDLER 16 Attorne for Plaintiff 17 18 19 20 21 22 23 24 25 26 27 28 -2- I PROOF OF SERVICE BY MAIL - CCP §§ 1013a, 2015.5 2 I declare that: 3 I am employed in the County of Alameda, California. I am over the age of eighteen years and not a party to this action; my 4 business address is 1330 East 14th Street, San Leandro, California, 94577 . 5 On October 20, 1992, following ordinary business practices, I 6 placed for collection and mailing by certified mail, return receipt requested, at the office of CHANDLER & BRUNER, Professional 7 Corporation, located at 1330 East 14th Street, San Leandro, California, 94577, a copy of the attached DECLARATION OF STEPHEN G. 8 CHANDLER IN SUPPORT OF APPLICATION FOR LEAVE TO PRESENT LATE CLAIM ON BEHALF OF CLAIMANT in a sealed envelope, with postage fully 9 prepaid, addressed to: 10 CLERK, BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA 11 651 Pine Street Martinez, CA 94553 12 I am readilyfamiliar with the business ' practice for 13 collecting and processing of correspondence for mailing with the United States Postal Service and, in the ordinary course of 14 business, the correspondence would be deposited with the United States Postal Service on the day on which it is collected at the 15 business . 16 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on October 20, 1992, at San Leandro, 17 California. 18 19 P. M. STAFNE 20 21 22 23 24 25 26 27 28 1 STEPHEN G. CHANDLER, ESQ. 114699 CHANDLER & BRUNER 2 Professional Corporation i, V 1330 East 14th Street 3 San Leandro, CA 94577-4751 gG� 22,892 4 Telephone: (510) 483-1444 of suPE�v►spas 5 Attorney for Plaintiff CL Vk CS � N CQsjA�O 6 7 I 8 Claim of 10 JOHN W. BACON, ----claim Number 11 Claimant, 12 v CLAIM FOR PERSONAL INJURIES 13 (Government Code §910) COUNTY OF CONTRA COSTA, 14 15 16 TO THE BOARD OF SUPERVISORS FOR THE COUNTY OF CONTRA COSTA 17 YOU ARE HEREBY NOTIFIED that John W. Bacon, whose address is 18 18 Standiford Avenue, Modesto, California 95352, claims damages from 19 the County of Contra Costa in the amount, computed as of the date of 20 presentation of this claim, of Twenty Thousand Dollars ($20, 000 .00) . 21 This claim is based on personal injuries sustained by claimant 22 on or about October 30, 1991, in the vicinity of Sheraton Hotel, 23 Concord, California, and under the following circumstances : 24 At said time and place, claimant slipped and fell on a 25 glass container, thereby causing him to fall and causing him to suffer substantial injuries to both shoulders . 26 27 The names of the public employees causing claimant ' s injuries are unknown to plaintiff . 28 1 The injuries sustained by claimant, as far as known, as of the 2 date of presentation of this claim, consist of rotator cuff tears 3 and injuries to claimant ' s shoulders . 4 The amount claimed, as of the date of presentation of this 5 claim, is computed as follows : 6 Medical and Hospital Care: approximately $ 5, 000 . 00 7 General Damages 15, 000 . 00 8 TOTAL AMOUNT CLAIMED AS OF DATE 9 OF PRESENTATION OF THIS CLAIM $ 20 . 000 . 00 10 Jurisdiction over the claim would rest in the Municipal Court 11 for the County of Contra Costa . 12 All notices or other communications with regard to this claim 13 should be sent to STEPHEN G. CHANDLER, the attorney for claimant, 14 at CHANDLER & BRUNER, 1330 E. 14th Street, San Leandro, California 15 94577-4751, telephone (510)483-1444 . 16 CHANDLER & BRUNER 17 18 Dated: October 20, 1992 STEPH q G. 6HANDLER 19 Attorney for Plaintiff 20 21 22 23 24 25 26 27 28 -2- 1 PROOF OF SERVICE BY MAIL - CCP §§ 1013a, 2015.5 2 I declare that: 3 I am employed in the County of Alameda, California . I am over the age of eighteen years and not a party to this action; my 4 business address is 1330 East 14th Street, San Leandro, California, 94577. 5 CLAIM FOR PERSONAL INJURIES (Government Code §910) 6 On October 20, 1992, following ordinary business practices, I placed for collection and mailing by certified mail, return receipt 7 requested, at the office of CHANDLER & BRUNER, Professional Corporation, located at 1330 East 14th Street, San Leandro, 8 California, 94577, a copy of the attached CLAIM FOR PERSONAL INJURIES (Government Code §910) in a sealed envelope, with postage 9 fully prepaid, addressed to: 10 CLERK, BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA 11 651 Pine Street Martinez, CA 94553 12 I am readily familiar with the business ' practice for 13 collecting and processing of correspondence for mailing with the United States Postal Service and, in the ordinary course of 14 business, the correspondence would be deposited with the United States Postal Service on the day on which it is collected at the 15 business . 16 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this 17 declaration was executed on October 20, 1992, at San Leandro, California . �- 18 19 P. M. STAFN 20 21 22 23 24 25 26 27 28 V„d �X l ode�\����,t'`'• ` -„ rA `e` G CIA .> °' _` Ks 0 )p Nv VIVA ta rA s� �o 'o . m,v C� IT 0 C=) N ; t m � m � aQr4 u � � o ; o tD u Z - V