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Home My WebLink AboutMINUTES - 11021993 - 1.21 AMENDED �, oZ ZCATI_ WARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA Claim Against the County, or ist ict governed by) BOARD ACTION the Board of Supervisors, Rout Endorsements, ) NOTICE TO CLAIMANT NOVEMBER 2 1993 and Board Action. All Section references IL 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 Mount: Undetermined Section 913 and 915.4. Please note all "Warnings". CLAIMANT: CONCANNON, Shirley ATTORNEY: Paul D. Hiles, esq. Schwartz, Silber & Hiles Date received ADDRESS: 540 Lennon Lane, Suite 250 BY DELIVERY TO CLERK ON October 4, 1993 Walnut Creek, CA 94598 Hand delivered BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: .,County Counsel Attached is a copy of the above-noted claim. p DATED: October 11, 1993 eaIL BATCHELOR. Clepuer I1. FROM: County Counsel TO: Clerk of the Board of Su rvisors ('tl) This claim complies substantially with Sections 910 and 910.2. ( ) This.claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.6). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: j 1,9,95 BY: Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1V. BOARD ORDER: By unanimous vote of the Supervisors present (4 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. pp Dated: 2 PHIL BATCHELOR, Clerk, By Ali , �� . � . Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnina see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned. have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California. postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the Claimant as shown above. Dated:"_ P, I q q 2, BY: PHIL BATCHELOR by � � �� Deputy Clerk CC: County Counsel County Administrator J Paul D. Hiles, Esq. r8QAAD ED SCHWARTZ, SILBER & HILES 540 Lennon Lane, Suite 250 Walnut Creek, CA 94598Telephone: (510) 932-4314 ERVISORSAttorneys for Claimant CO. HAND DWVERED FIRST AMENDED CLAIM BY SHIRLEY CONCANNON AGAINST COUNTY OF CONTRA COSTA The undersigned hereby presents the following claim against the County of Contra Costa. 1. Date of accident or occurrence: April 5 or 6, 1993 2 . Name and address of claimant for notice purposes: Shirley Concannon, c/o her attorneys, Schwartz, Silber & Hiles, 540 Lennon Lane, Suite 250, Walnut Creek, CA 94598; (510) 932-4314 . 3 . Description and place of accident or occurrence: While exiting elevator onto 2nd floor of 40 Muir Rd. , Martinez, CA, claimant tripped and fell when elevator stopped short of 2nd floor. Contra Costa County, its agents and employees were negligent in its ownership, operation and maintenance of 40 Muir Road, Martinez, CA, including the elevator contained therein. The negligence of Contra Costa County, its agents and employees resulted in a dangerous and defective condition so as to create an unreasonable risk of injury to persons including claimant thereby causing the claimant's injuries. 4 . Name and post office address of claimant: Shirley Concannon 2521 Pleasant Hill Rd. Pleasant Hill, CA 94523 a:\CONC1 1 5. Description of injury, damage or loss insofar as presently known: Suspected ruptured discs at L4-L5 and L5-S1 with severe low back pain and radiculopathy; possible surgical intervention contemplated. Cuts to left arm which have healed, but with minor scaring. 6. Name of employees causing injury, damage or loss: Believed to be employees or agents of Contra Costa County, names of whom are unknown to claimant at this time. 7. Description of the kind and value of damage: Medical bills, pain and suffering, emotional distress, and general damages for personal injuries sustained by claimant in an amount which is not presently known, although jurisdiction is believed to rest within the Superior Court. Pao bel- Dated: elDated: 1993 I PAUL D. HILES Attorney for Claimant a:\CONC1 2 Q ` OCT - 4 1993 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA COUNTY COUNSEL MARTINEZ,CALIF. Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT NOVEMBER 2, 1993 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unknown Section 913 and 915.4. Please note all "Warnings". CLAIMANT: CONCANNON, Shirley ATTORNEY: Paul D. Hiles, Esq. Schwartz, Silber & Hiles Date received ADDRESS: 540 Lennon Lane, Ste. 250 BY DELIVERY TO CLERK ON SP=temhPr 30, 1993 Walnut Creek, CA 94598 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. pptHs gg DATED: October 4. 1993 BIIL DepuiylOR, Cler 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: �V�'�C.�- �� , f 9 3 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 ( ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 943.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnino see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Paul D. Hiles, Esq. �e� SCHWARTZ, SILBER & HILES 540 Lennon Lane, Suite 250 EREVED Walnut Creek, CA 94598 Telephone: (510) 932-4314 SP Attorneys for Claimant �,�UPERVISORSTA CO. CLAIM BY SHIRLEY CONCANNON AGAINST COUNTY OF CONTRA COSTA The undersigned hereby presents the following claim against the County of Contra Costa. 1. Date of accident or occurrence: April 5 or 6, 1993 2 . Name and address of claimant for notice purposes: Shirley Concannon, c/o her attorneys, Schwartz, Silber & Hiles, 540 Lennon Lane, Suite 250, Walnut Creek, CA 94598; (510) 932-4314 . 3 . Description and place of accident or occurrence: While exiting elevator onto 2nd floor of 40 Muir Rd. , Martinez, CA, tripped and fell upon exiting elevator as elevator stopped short of 2nd floor. 4 . Name and post office address of claimant: Shirley Concannon 2521 Pleasant Hill Rd. Pleasant Hill, CA 94523 5. Description of injury, damage or loss insofar as presently known: Suspected ruptured discs at L4-L5 and L5-S1 with severe low back pain and radiculopathy; possible surgical intervention contemplated. Cuts to left arm which have healed, but with minor scaring. a:\CONC1 1 6. Name of employees causing injury, damage or loss: Believed to be employees or agents of Contra Costa County, names of whom are unknown to claimant at this time. 7 . Description of the kind and value of damage: Medical bills, pain and suffering, emotional distress, and general damages for personal injuries sustained by claimant in an amount which is not presently known, although jurisdiction is believed to rest within the Superior Court. Dated: September 30, 1993 ia 4, ��. PAUL LES Attorney for Claimant a:\CONC1 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 2, 1993 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 Mount: $667.90 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: FEINSTEIN, William ATTORNEY: California State Auto Assoc. 2895 7th Street Date received ADDRESS: Berkeley, CA 94710 BY DELIVERY TO CLERK ON October 7, 1993 hand delivered BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: Ocrober 11, 1993 call DepuiyLOR, Cler I1. FROM: County Counsel TO: Clerk of the Board of SUpervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: e `, / 9 g,3 8Y: Deputy County Counsel 11I. 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. BOARDD 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„�c�r o2 , /9��' PHIL BATCHELOR, Clerk, By _��,� �Q�� , 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. BY: PHIL BATCHELOR by�,r (` �, o Deputy Clerk LC: County Counsel County Administrator Tim for Damages In;accordance with Section 910 of the California Government Code, this is to formally place you on notice of our subrogated claim for the loss described below. `�ECE�VE� Date: July 26, 19 93 Wr 7 PM Berkeley California CLERK BOARD OF SUPERVISORS CONTRA COSTA Claim is hereby made and filed against the County of Contra Costa as follows: Insured/Claimant's: William Feinstein California State Automobile Association Inter-Insurance Bureau ADDRESS OF CLAIMANT(SEND NOTICES TO THIS ADDRESS) 1863 Thousand Oaks, Berkeley, CA 94707 REFERENCE FILE O1-6B1070-3 DATE OF OCCURRENCE 05-11-93 PLACE OF OCCURRENCE Wildcat Canyon Road, South of Anza View Road in an unincorporated area of Contra Costa County NATURE AND AMOUNT OF DAMAGES(IF UNDER$10,000)INCLUDING ESTIMATED AMOUNT OF ANY PROSPECTIVE CLAIMS $667.90 ITEMS MAKING UP SAID AMOUNT AND BASIS FOR COMPUTATION OF AMOUNT CLAIMED Please see attached documents NATURE OF DAMAGES(IF OVER$10,000)-NO DOLLAR AMOUNT TO BE SHOWN(§910(f)GOVT.CODE) COURT HAVING JURISDICTION(CHECK ONE) ❑ Municipal Court ❑ Superior Court NAME OF PUBLIC EMPLOYEE(S)CAUSING SAID DAMAGE(IF KNOWN) Howard Lloyd Turner Facts and Details of Occurrence/Transaction: Claimant was driving behind Howard L. Turner who was driving a Contra Costa County Dump truck, when the truck hit a tree branch and the branch fell on top of the Claimant's car. California 04tate Automobile Asso tion Inter-Insu nc eau By: F1688(Rev.7-90) 'C1-aJm�w-F,or Damages In accordance with Section 910 of the California Government Code, this is to formally place you on notice of our subrogated claim for the loss described below. Date: July 26, , 19 93 • Berkeley California Claim is hereby made and filed against the County of Contra Aosta as follows: Insured/Claimant's: William Feinstein California State Automobile Association Inter-Insurance Bureau ADDRESS OF CLAIMANT(SEND NOTICES TO THIS ADDRESS) 1863 Thousand Oaks, Berkeley, CA 94707 REFERENCE FILE O1-6B1070-3 DATE OF OCCURRENCE 05-11-93 PLACE OF OCCURRENCE Wildcat Canyon Road, South of Anza View Road in an unincorporated area of Contra Costa County NATURE AND AMOUNT OF DAMAGES(IF UNDER$10,000)INCLUDING ESTIMATED AMOUNT OF ANY PROSPECTIVE CLAIMS $667.90 ITEMS MAKING UP SAID AMOUNT AND BASIS FOR COMPUTATION OF AMOUNT CLAIMED Please see attached documents NATURE OF DAMAGES(IF OVER$10,000)-NO DOLLAR AMOUNT TO BE SHOWN(§910(f)GOVT.CODE) COURT HAVING JURISDICTION(CHECK ONE) ❑ Municipal Court ❑ Superior Court NAME OF PUBLIC EMPLOYEE(S)CAUSING SAID DAMAGE(IF KNOWN) Howard Lloyd Turner Facts and Details of Occurrence/Transaction: Claimant was driving behind Howard L. Turner who was driving a Contra Costa County Dump truck, when the truck hit a tree branch and the branch fell on top of the Claimant's car. California State Au omobile Ass iation Inter-Ins anc B ea By: F1688(flee.7-90) '� -- Assi nment of Claim and Subro ation A reement ��eaj3 •�- � �"'�� .. California State Automobile Association Inter-Insurance Bureau In consideration of the payment to the undersigned of ® the sum of Six Hundred Thirty Six & ❑ a sum estimated to be 00/100 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Dollars, being the full amount of loss and damage insured against under an automobile insurance policy, number 6B10703 issued to the undersigned by the CALIFORNIA STATE AUTOMOBILE ASSOCIATION INTER- INSURANCE BUREAU, said loss and damage having occurred on or about the 11th day of May19 93 , the said undersigned hereby assigns and transfers to said Bureau his said claim in the above amount plus rental expense additional claim for damage resulting from said accident, not � covered tinder said policy of insurance, in the amount of$ 3.1.90 a total , constituting E3 a total estimate claim in the amount of $ 667.90 Said Bureau is hereby subrogated in his place and stead to the extent of the above amount of the said total claim and is hereby authorized and empowered to sue,compromise or settle in his name or otherwise to the extent of said total claim for loss and damage,and to endorse in my name any check made payable to me therefor,and collect and receive any money payable thereby. The undersigned covenants that he ha s not released or discharged any such claim or demand against such party or parties and that he will furnish to said Bureau any and all papers and information in his posession, necessary for the proper prosecution of such claim. Dated at this day of T�4t 19 . WITNESS F1433(Rev.12-89) l Assignment of Claim and Subrogation Agreement f • California state Automobile Association Inter-Insurance Bureau i IN the sum.of ' .. Six` iundred Thirty, Six & . In consideration of the payment to the undersigned of I ❑ a sum estimated to be Dollars ;being the full'�amou'nt of loss and damage Insured against under au#omoblle Insurance policy number 3a e issued-to the.undersi undersigned b the CALIFORNIA6B10703 eSTATE AUTOMOBILE ASSOCIATION,INTER f INSURANCE BUREAU, said loss and damage having occurred on or about the 11th day of his r May 19 93 , the said undersigned hereby assigns and transfers to said Bureau said claim in the above amount plus rental expense additional claim for damage resulting from said accident, not covered-1ridersaid._poltcy:.of insurar e,w:irv,be"amount.of$ _31.90. a total constituting ,0� - I,claim- "toal estimatea - in the amount of $ 667:90 Said Bureau is hereby subrogated in his place and stead to the extent of the above amount of the said total claim and is hereby authorized and empowered to sue,compromise orsettle in his name or otherwise 9 y: y .to the extent of said total claim for loss and lama e,and to,endorse in m name'an check made payable to me therefor,and CbIlett.and receive an:y money payable thereby: j The undersigned covenants that he ha s not released or discharged any such claim or demand against such party or parties and that he will furnish to said Bureau any and all papers and information in his posession, necessary for the proper prosecution of such claim. Dated at this ��L day ofd-'�'�' =�"" '^: 19 �3. WITNESS A - F1433(Rev.12-891 - _ � �. 0 ° s O ° a , z , 00© ��\ egg+ . 60 ° �� )} egg& . � . . 004 »�� , 659 ° . California State,Automobile Association Inter-Insurance Bureau 030 -749328 :030 L749328 5 R DATE OF LOSS- CLAIM INSURED'S NAME s j - DATE 05-11--93 ' 01-6B1070-3 FEINSTEIN, WILLIAM : r 06-11,—T'3 . I, POLICY—TYPE KIND OF,LOSS SUFFIX CLAIMANTS NAME j PAY.,: p AUTO CPR 01S FEINSTEIN 'WiLL:IAM. $526, 94`;z ._, D.O. ADJUSTER NO. IN PAYMENT OF: - Through ' kf , ' DER 30060/13393 COMP REPAIRS LESS $50 DEDUCT.IB eIobalP America . i Gbbal Paymefas#1233 1850 Gateway SNd r +. Conrad CA 91520 1{!� PAY *FIVE HUNDRED TWENTY" SIX 00'/100# ' +-.• 1 CLAREMONT CONTINENTAL LTD � l AND WILLIAM FEINSTEIN TO I THE 2935 4.,LFIR EMUNT AVE AUTHORIZED SIG RE R TEETERS OF : BERKELEY CA 94705 i j 'I NO -NEGOTIABLE M.O. COPY 03071,932,90 1: 121000 3 S81:,: 12 3 30m,90948u' • r. ® O� California State Automobile Association Inter-Insurance Bureau 030 748917 030 L748917-6—R DATE OF LOSS CLAIM INSURED'S NAME DATE 05-11-93 01-6B1070-3 FEINSTEIN, WILLIAM 06-02-93 POLICY—TYPE KIND OF LOSS SUFFIX CLAIMANT'S NAME pqy AUTO CPR 01F FEINSTEIN, WILLIAM $50. 00 E D.O. ADJUSTER NO. IN PAYMENT OF: BER 19996 DETAIL REIMBURSEMENT Through ofAnted NT&SA 11-35 'A Global Paymanle#1233 1210 1850 Gateway 8IW. ,. PAY �: *FIFTY 00/100# Conoad.cA9152o •rr WILLIAM FEINSTEIN i 1863 THOUSAND OAKS TO BERKELEY CA 94/07THE AUTHORIZED SIGNATURE AN I TA B G I LL I AM ORDER NOT NEGOTIABLE M.O. COPY 00 30 ?4891711' 1: 1210003 Sal: i 2 3 30 9094811' T---- -- - - - - - - - - — rt ! ��W+.i9�" •�••� 4M�/ :xir�r f -..�� pJY�YZ ,a��e}��_._ , if. t� f �y t ZJ> �,� u :� .�' .a , x kit J'] 'rwi f tY''.� t .•.1r�S v�� +�J /` t'!+w .y4 r} A;:� y n,;h .• t •'_`6' r � �q xt' � I �✓,y� auppielenu uui kr) Profile ID: 50 .� CALIFORNIA STATE AUTOMOBILE-ASSN. 2895 TTN ST. BERKELEY CR 94110 uiT (510) 549-6800 l ! ESTIMATED BY: JOHN TAROCHIONE Supplemented By: MELISSA ROBINSON Type of loss: Comprehensive Deductible: 50.00 Insured: FEINSTEIN Mitchell Service: 912146 Description: 1991 TOYOTA CAMRY 40R SED. YIN: JT2SV24E2M3459894 License: 2KES374 CA Mileage: 28,019 DENALI: 0 Search Code: BERK Line Entry Labor Line Item Part Type/ Dollar Labor Item Number Type Operation Description Part Number Amount Unit 1 201110 BODY REPAIR $GRILLE FILLER PANEL 1.5$ 2 AUTO REFIN REFINISH FRONT BODY PANEL 0.8 3 108050 BODY REPAIR $HOOD PANEL 1.0$ 4 REFIN REFINISH/REPAIR HOOD PANEL 3:0$ 5 208510 BODY REPAIR $R FENDER PANEL 6 REFIN REFINISH/REPAIR R FENDER PANEL 1.3$ T 108520 BODY REPAIR $L FENDER PANEL 8 REFIN REFINISH/REPAIR L FENDER PANEL 1.3$ 9 933002 REFIN AWL LABOR OPR CLEAR COAT 1.4$ 10 936008 ADD'L COST PRINT/NATERIALS 102.541 $ Judgement Item I. Labor Subtotals Units Rate _ Totals II. Part Replacement Summary Amount Body 2.5 50.00 125.00 Total Replacement Parts Amount: 0.00 Refinish 7.8 50.00 390.00 Labor Subtotal 515.00 Labor Summary Totals 10.3 515.00 III. Additional Costs Amount I. Total Labor: 515.00 Taxable Costs 101.54 II. Total Replacement Parts: 0.00 Sales Tax 8 8.25% 8.46 III. Total Additional Costs: 111.00 Total Additional Costs: 111.00 Gross Total: 626.00 Customer Allowance: 0.00 Customer Responsibility: 50.00- Net Total: 516.00 Less Previous Net Total: 643.12 Met Supplement Amount: 61.12- Body Shop: CLAREMONT CONTINENTAL NOTE: YOU HAVE THE RIGHT TO SELECT YOUR REPAIR FACILITY. THIS IS NOT AN AUTHORIZATION BY C.S.A.A. TO REPAIR. PRESENT THIS ESTIMATE TO THE REPAIR SHOP BEFORE YOU AUTHORIZE REPAIRS, THE LABOR RATE IS ADJUSTABLE TO THE SHOP'S HOURLY RATE. ALL SUPPLEMENTS OR CHANGES MUST BE APPROVED BY C.S.A.A. BEFORE REPAIRS ARE STARTED. ESTIMATE RECALL NUMBER: 06/09/93 11:51:24 01-6810103 Mitchell Data Version: JUN 93 Copyright (C) 1990, Mitchell International Page 1 of 2 All Rights Reserved 5upplesent: U01 (N) Profile ID: 50 Vehicle'Description has been Manually entered. F' e ESTIMATE RECALL NUMBER: 06/09/93 11:51:24 01-6810103 Mitchell Data Version: JUN 93 Copyright (C) 1990, Mitchell International Page 2 of 2 All Rights Reserved CLAREMONT C6NT'=NENTAL , LTD Page 1 2935 CL:"AEMONT AVE. FEINSTEIN, WILLIAM Printed 05/29/93 i BEkKELEY, CA 94705 Quotation 2440 Created 05/29/93 (510)540-5151 B.A.R. AM 106899 FAX: (510)540-0974 V 2 S UAL IDA -TAG E E S T I MAT E Customer: Insured Vehicle: Insurance Company: FEINSTEIN, WILLIAM 91 TOYOTA CAMRY CALIF STATE AUTOMOBILE ASSOC. 1863 THOUSAND OAKS BLVD YEAR: 1991 2895 7th st BERKELEY, CA 94707 License: 2XES374 CA BERKELEY, CA 94710-2728 H(510)527-0524 Phone: (415)549-6800 W(510)946-3117 FAX: (415)843-9511 Date of Loss: 05/11/93 Deductible: Unknown Appraiser: TOD BATTLE 7�2 A.i)• �` T/ �'i'✓�/L16c�% Appraiser Phone: (510)549-6824-,V'' — Written by MIMI D Labor Hours Item Price Body/Fr Mech Othr Paint Sublet PT BT-,- 1 REMOVE AND REPLACE. L W/SHIELD WIPER BLADE ARM 48.70 0.3 0 2 Refinish Add Clear Coat/Two Stage Refinish Time HOOD 3.0 3 REMOVE AND REPLACE GRILLE FILLER PANEL 74,36 0.8 0.8 0 4 ADDITIONAL CHARGES ALIGN HOOD 1.0 ..t Mitchell Data, Copyright (c) 1992 Mitchell International (") Indicates Manual Entry. The elements of data used to calculate this Estimate were obtained from a Mitchell BstiMate Barcode Database. Calculations of the Estimate are performed by a computer program created by Yada Systems, Inc. COPYRIGHT 1989 YADA SYSTEMS, INC., ALL RIGHTS RESERVED, LICENSED BY CLAREMONT CONTINENTAL, LTD. (Continued) Ige• 2 Quotation 2440 Visual Damage Estimate Summary OEM Parts: 123.06 Parts Total : 123 .06 Hours Rate Amount Labor Total: 295 . 00 Paint 3.8 $ 50. 00 $ 190 .00 Paint/Material: 76 . 00 Body 2 . 1 $ 50.00 $ 105. 00 Tax: 16 .42 Total : 510 .48 CALIF STATE AUTOMOBILE ASSOC. PAYABLE REPAIR TOTAL 510 .48 AUTHORIZED AND ACCEPTED: You are hereby authorized to make the above specified repairs. I understand that payment in full will bedue upon release of vehicle, and hereby grant you and/or your employees permission to operate the car, truck or vehicle herein described on street, highways or elsewhere for the purpose of testing and/or inspection. An express mechanic's lein is hereby acknowledged on above car, truck or vehicle to secure the amount of repairs thereto. You will not be held responsible for loss or damage to vehicle or articles left in vehicle in case of fire, theft, accident or any other cause beyond your control. Old parts removed from vehicle will be junked unless otherwise instructed. Repair Order authorized by Date POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That the undersigned does hereby constitute and appoint CLAREMONTCONTINENTAL LTD. my (or our) true and lawful attorney to sign name,place and stead of the undersigned on any insurance Checks or Draftsissued by (Insurance Company) covering anyrepairs to my (or our) automobile authorized by myself (or ourselves)in whatever manner is necessary to place check or draft in a cashableposition. I (or we) hereby ratify and confirm whatever action said Attorneysball or may take by virtue hereof in the premises. Witness Insured Claimant LIFE TIME WARRANTY ON BODY WORK FOUR YEAR WARRANTY ON PAINT WORK Mitchell Data, Copyright (c) 1992 Mitchell International (") Indicates Manual Entry. The elements of data used to calculate this Estimate were obtained from a Mitchell EstiMate Barcode Database. Calculations of the Estimate are performed by a computer program created by Yada Systems, Inc. PT - Part Types: 0 - OEM; B - Economy; S - Salvage; R - Remanufactured; Space - No Type BT - Billing Types: No Code - Insurance Charge; CC - Customer Charge; BT - Betterment; AP - Appearance Allowance; PD - Prior Damage; NC - No Charge COPYRIGHT 1989 YADA SYSTEMS, INC,, ALL RIGHTS RESERVED, LICENSED BY CLAREMONT CONTINENTAL, LTD, T N�•`S, .,. • J ��-� Automobile Dama e Evaluation � � / �`�� California State Automobile Association Inter-Insurance Bureau InSU RESIDENCE PHONE: laimant REGISTERED OWNER: BUSINESS PHONE: INSD VEHICLE LEGAL OWNER: 1"EINsTE.IN, WILLIAM 01-6B1070-3 05-11-93 _ MAKE AND YEAR I.D. NO.: To` J7-2 \IZ<'cZ- 2nk3 klli 01 TOYOT 91 4D SED 2XES374 _ COLOR: ODEL: LICENSE: JT2SV24E2M3459894 CPR 00050 2xb5 7 I3F_ft 30060 C NDITIO F 8 A MILEAGE: JINSPECTED AT: NO. PHOTOS: INSPECTED BY: DATE INSPECTED: NO. EPL REPR DETAILS:REPLACE/REPAIR LABOR UNITS PAI UNIT PARTS SUBLET 2 � 3 S J F 4 / c�SU csf-7 5 / �� p / /j r� tf SVA) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 IRS# Labor Units #@ _$ COMMENTS: Pmt Units #@ _$ i 'Paint Material _$ 'Parts Less% _$ Tax @ %on$ _$ This is not an authorization by C.S.A.A for repair.Present this estimate to the repair Sublet $ shop before you authorize the repairs.The labor rate is adjustable to the shops ether $ hourly rate. All supplements or changes must be approved by C.S.A.A. before repairs are started. Notes: Total$ D.O.STAMP-ADDRESS Betterment$ Deductible$ Net$ r t i:5��•HGI PAINT MATERIAL WORKSHEET COLOR CODE# PAGE# � COST CHART PAGE# CLEAR COAT 61N N TYPE OF PAINT ENAMEL/ PAINT TIME CALCULATIONS SPOT/BLEND(INC. CLEAR COAT) FULL PAINT PANEL HOURS PANEL = EXTERIOR INTERIOR OVERLAP > `Cj 2. -'–"= —L " 2. � 3. 3. 4. 4. • 5. 5. TOTAL –2, 6 TOTAL 3 4 LESS OVERLAP COLOR HOURS REMINDER COSTS 1. Consider Spot Paint. REFINISH HOURS COSTS 2. When Spot Painting one panel, SPOT/BLEND HOURS materials are calculated from the full panel rate chart. METAL WORK HOURS 3. When calculating two tone materials, SMC(FIBERGLASS)WORK HOURS DO NOT add the coca]paint time to / � � figure the materials. FLEX PANEL WORK HOURS AT TOTAL MATERIAL COSTS �T CLEAR COAT CALCULATIONS 1. BUMPER X.2 OR .4= 2. FIRST PANEL X'A= , INTERIORS X.2= REMAINING X,,2= b TOTALS 1. TOTALS 2. . (2.5 MAX) TOTAL TWO TONE-EXTERIOR PANELS THREE STAGE(INC CLEAR COAT) FIRST PANEL X .5= FIRST PANEL X.7= REMAINING X .3 = REMAINING X.4= TOTAL TOTAL . ,.. 3 , .. j" .A - li .., - m Laulorma state AMOM001le Association lnteMnsUranc ;Burpu `--*��,!" 2 M ,uj! - , �,:'.Rll ;u ll;flgl-�'.�:� - . T� . . .11 ",I .�,_! -� — � . Rif , -1 I -11 , � -, , • 7��11�14, �,, I . 1. "! Z� , "' 1 - 7-�-R ,,I;Ml "'. _.: I P It - - ,y. 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I . . w a _: -,' ,,,, ,�� ;.;jI, _Lj_�,.,", * 1, � .. �, , " I- ,,, .1011 ;,�ZN.".."4.144" -.! . - � - I_, .:,� . v , �`vh.:,�Sh,,,_, . ,;.I �'. , . .4p, ,. ..- ... .- ';5R,%;;,_-,- 64, ,. )� I I V, ;;,ii'� t%.Ajt4!,'I,-�,,-w��,,-�W;,-r�,- A,g� : I � ,. ,, � I I I I I I Pl,� 111, I I I I I I 1, � !Ll .1; I �0. ` I 't I q: 1, , .. 1 . y I , ,_ 11'I&O ...I 21"s , , � -.. P_ , - tlpl� � � -_P,��1,I" - . . � �, , ,�,�: N*-"-*.t-I�` , . " 40, ; z s , �I, 'i -.1,,"..I-.,1 .Y.-',; . . I ,� .. . , � , . .''.�t, 1 �. , - "�' , r, , A-t, .,�,. 'i `R'. -� ,.� �..,,�;,�N -�...%�. .-. -.4,T ..:I � �,,`,, , -- ..� . , , 1*1, I "�. .1- . ::-,-,,-7,I�, ., , �'��'�%; "-,. ,�.'.,..'','I r�.7 1t�� 1.- , 1, f-t� , ,� . ., �" ;.1 , • . ,.. _171� , �r`"Z,r. I.. ...;.� .: t;.?.I:: _- _ _ , .1 . , I. 'k I Sd . ��,` o .I - I - .�, 11, .. I 7 N',�. ;, .. �.,_-: I .. . . .L ' :,. . � . 11\4vulut ' RENTAL 'RENT-A-CAR AGREEMENT NO. D 232674 3001 SHATTUCK AVE DESCRIPTION RATE AMOUNT BERKELEY CA 94705-1820 .�' 4 DAYS @ 17.99 71.96 r FED TAX ID#k 36-3041733 BILLING INQUIRIES CALL 510-841-8300 AAA INS—BERKELEY ATTN: BATTLE*TODD* 2895 7TH ST BILL BERKELEY CA TO 94710 DATEOUT07 93 DATE�6/10/93 6/ / i WILLIAM FEINSTEIN 510-52TEP11 4 DAMAGE WAIVER 1S w?3 THOUSAND OAKS BLVD 510-94 EJFJ,OI�E7 PAI CITY STATE ZIP 11 BERKELEY CA 94707 SALES TAX% 8 .25 5.94 .; sSTATEXPIR EL 14 .00.G,0195593 , DOS /12/40 OB /12/40 •HEIHT 1 1 WEIGHT 2 5 SOCIAL SECURITY• "m JUNRENTER HAS _ •• • • • CONDITIONS• 6 u i AGREEMENT.,ORIGINAL DOCUMENT MEN,T CLOSED SUBJECT TO FINAL AUDIT. XNTER SIGNATURE ON FILE TOTAL .CHARGES . 91.90 REOUEST FOR PERMISSION FOR PERSON OTHER THAN RENTER TO DRIVE. NAME NO OTHERS LESS AMOUNT RECEIVED 31 .90 AGE LICENSE NO. STATE EXP. BILLING INFORMATION: $15. 00 PER DAY • 60 .00 NO SALES TAX NOT TO EXCEED $ 75. 00 TOTAL RENTAL VEHICLES CLAIM INFORMATION COLOR LICENSE NO. CLAIM•/POLICY N/P.O.N RED 3CRF548 01-6B1070-3 MAKE UNIT R INSURED 93 HYUN L57288 FEINSTEIN COLOR LICENSE NO. DATE OF LOSS - NEED A VAN TO PICK UP YOUR THEFT ACcibENT_ KIDS FROM COLLEGE? MAKE UNIT TYPE CAR REPAIR SHOP CALL ENTERPRISE RENT—A—CAR CLARE MONT C0 ;TO RESERVE ONE TODAY! ------------------------'----rnr,--- -- ---- �, _ --- ----- 100 �l� t 1 15 A. R F 7 'St' l�.k j y • P +V � { : f � •A t'.�� )'� F� Y �1 1 ! `wM it �1r A� b -:1 t .,, ♦ T �� .. 1 I 1.: � R R • � � w R R R � R r t�1t11 R C w � •' a: it '�.n � d' r F 2 r> 145. �i +Ra 9.,�i., ,„+fi� .S i, .��"�i f• ��w !.•,try f ` ly 't 'l+t�„; t�.. Lia, � t .J-Y�yr� ,•t d t t • +'vac 4 L.1�r � w.t=,fav rti� '��a..t 1 1' '� r s 4..�'�� l My1j� 41'X ✓✓�}.T//� 'I. �( 1�'�tt,Ytq��i,N.o*{�! , S� �tn ,,,�t.s,• ��p�to Pace_ State Automobile Association' Inter-Insurance bureau MSD VEHICLE FEIIVS-FEIN, WILLIAM ❑ INSURED 01-6B1070-3 05-11—?3 ❑CLAIMANT el 01 TOYOT 91 4D SEI:) 2XES3? El NEGATIVE JT2SV24E2M3459894 CPR 00050 FILM ❑POLAROID BER 30060 DATE HOUR ❑A.M. ❑ `� a »- - - _ — -- ----- BY ` a. LOCATION014, t? MAKE OF CAR-YEAR f LICENSE NO. DATE HOUR ❑A.M. BY LOCATION MAKE OF CAR—YEAR LICENSE NO. DATE HOUR ❑A.M. C � •: z BY LOCATION ,n I MAKE OF CAR—YEAR - LICENSE NO. Fl"O(Rev.9.9i) r LJ CLAIMANT FILM NEGATIVE ❑POLAROID DATE HOUR ❑A.M. ❑P.M. BY LOCATION PLEASE ATTACH PHOTOS WITH MAKE OF CAR—YEAR SCOTCH TAPE 1{ LICENSE NO. DATE moz{ HOUR ❑A.M. a BY 1u.> r I LOCATIONd Y.its MAKE OF CAR—YEAR LICENSE NO. DATE HOURS ❑A.M. C By LOCATION \ y. �j x '••iz%Ye. MAKE OF CAR—YEAR \ LICENSE NO. F 1440(Rev.9-91) . - ;�:' . I:., rte"';'%:'•+�'V ..... e;:4: may. .... .HOUR ❑A.M. BY LOCATION MAKE OF CAR—YEAR LICENSE NO. a, DATE HOUR C3A.M. ❑P.M. BY LOCATION MAKE OF CAR—YEAR LICENSE NO. ` ilk (,\}_— + n t►; mss'" �. M ATE !4 v' HOUR ❑A.M. •4,i',s +, 3 r!i..-+^I:r'k' r 7+. e fr r : BY LOCATION (� w IY' •' MAKE OF CAR—YEAR 'V` LICENSE NO. 1 F 1440(Rey,9.911 I MIX `ti• f4`•yr,. _ i ,/, x D_ .'�t'++(fir`.;,. c (�!' tr f. � � h��`'-.�' t j •�tf ri'L;r�yt'*4" .. A� •r+av. h.`4,�, N� r4 "�•Y +� r.•,. . � 1 � t �! i ,•�tti ',1 ". t' .: # ,�., ... t nf t!y ! ( y +�' .r y 1 �!} s{ •� �'der f ki I W P �t„7, + '� �?,' ;,h�•.:I.!r*.rte 'JUN 0 4 1993 "TAT!Of CMXOMM=�. } / TRAFFIC COLLISION REPORT YP[CIAL= ,.f NtA1i[II wramm m _ iY01tlK g1T1lCT LOCK 11[/ORT N{i/iQ - • -. NEIM NTiI1W [EAT bj . :. so .:- .. IMEPDeTulo a.TnCT �- �, _ 01 occu� , . -,1, YO, DAY ok Zl C NPDlMTIDN x �- -- - :+ ► r. �„ „1R,,:-'s k_ Y. ay »`tom g~ - r DArorw .a wrrweg or.., ....:... .... ._.� u , S M T.F S O srATS . MSr PElTl�q V OR G.�'r ,�.-`i • L.i1N0 a_ —S , PARTY LM ENSEnwsu STAT! CLAY" SAPSTV VEK Yw MAIIE/rooELf COL011 IA"nc! srATE ,y ONVER peom 4woanw A NAIIIM As olwu rw PAN= )GTAT'tf L► �'••'• c .-- owlErls ADOIMtt" .. V610=- mom' - C.-�'. �� .��''� �-"��s'Py.�t•--'"r � =:•y�y-..s.. _'� - .=T' � .>%=4` rv'.'•+'f:-•�1�.[+.'�4�"'r'�.�`c.��?• NCR- _wi_ -_MAIEi .'"Baff - OA7f F E OPVlIYCLIM OMOIMOEMOPL (� [II .Ci![T .OTM[R 41 1 N0MP1101M-a. :�`.. .. NAWIW►IgdIM -:.. - - _ MCMANICAL „, MOq[ANARB/T - .._.._Ni/[11TONAl11t1171Y1�.:, t � - . .:.__�.� CAN[fR .5..- -cs::._..3_.__._._ _►ONC'r – __ ._-•" .z� -. . - y�r�v. _ AJOR hrm B.A. .NIL OP iT1lfiTsr'rIMmYrwr - - SP[p �_>., L.. .- TAAVEL S ( C 12-S` u;o PARTY NrsuCaaIM sr sArm warwl ISAxsnwoarooLow ►Kan[o srAn ADDIIEi" _ _ NAM SAW"T Q _ � f ^�? �— f - _ PAM= fRATIM/ - ..''-�• - _ ts,, OWNER"ADO11[>li SA11[AS DMNM, - 13 MCT- NOL IINs ErEi ol IIitONT wSam o"MOATM sAeIM op Vswim ON o"o4m OF. Es �OISVEII QoTME" Cusr. ra DA ._. OMOI NOM PIIaK - - slw"ss"nIDIA /I"0"MIMCMANCAL DEFECT": NON!APPAMNB RMR TO WMArv[a D' :l 6) --f� / - o1M Y[[pl\'1 ossm"vgml=OAYAOt MNOf M oA1MO®All[A WSOURAWMKCAn"[w Vo.es "" z • Moa QrA+oR aTOTAL r.7 k* D[a a. o>srllnswN"Iwlwr I�allpr �� V��7[•.a(JC f a C>. PARTY GOWER"LJCNf6[M�NOI - STATIM CLAYS SAPETr VOLrSAM MAMIMODEL/COLON e"mums" STAT[ am@& NAM(RNSr.wo E.""r, _ RoMoor, jIlL 0,1, PEDp ADDIIE!" - .... - -:::.,:_- ow"We NASI SANE AS DOWER Towns �_: �. . PARUD J STATIMI»♦ OSMER"AGDG[Ni YAM AS OMIN - 13 lICR >➢a IfAIR- Trp' - MOON► 'a NRTMDAT! MACIM GIYPON710M OF WNrCti On OAo[ni OP-1 01111I[R CLOT. T✓t .Yo: _ CAI Sew y y ►IlOIM IIECNANCAL GlPIMCTtANAlQITQ !!lLItTONAE6ATfWlQ'- OTNN► IlDllti 0.1�Q– ► .. p1o1M ' pM v"OKT NMG[MOAM AW MMA -. CAXO - - - '-rOIICr IItlIltA elIECLIMTerIM NDICIENI - ''r sloe, TOTAL .MLO/ 1014001SWOMMMARAW LfPm rCf - ,_ rue -•w :.. _ Cllr � lumg - OISPA NOTIFreO Iln+awars NAsla - oAn Isivinrla y. DYES No'o WA �/JTV�aT 6 f .STAT't OFCAIIFORNIA �` TRAFFIC COLLISION CODING DATE OF COUJSION TYE(11x00 NCIC NUYEER 7 _ FRCtR D NUMEER MO. � DAYt YEAR OWNER'S NAME I ADORESt NOnflEO PROPERTY ri. E]NO DAMAGE oawmmoN of DAMAGE ', '...,.� ,,,.-,::-1'� �t 4. �_::� .g 1'."°:''� ,.-er?�,-$: ..:. ..-r..;�.«H ;►;+'. -- . _ 4-.-:,a.,;..�wr�-_-saw.-:; a... ._ _...SEATING POSITION *AQAIN _ --SAFETY EQUIPMENT '`�':-�" .. -� ' '- EJE D tQVEHICLE' L•AIR BAG DEPL DYED VEHICLE - Y-NR BAG NOT OEAOYED ".-4 E� ;-'T'-FULLY EJECTEDN° N-OTHER USED .. _ P-NOT REQUIRED V•TE 2-PARTIALLY EJECTEDI-DRIVER NOT USED - W.YE8 3 UNKNOWN ' 1 i3 E-SHOULDER HARNESS USED • 2-S 6-PASSENGERS ~PASSENGER 4 5 6 7.STATION WAGON REAR F-SNOULOEA HARNESS NOT USED: CHILD RESTRAINT ': G-LAP/SHOULDER HARNESS USED 0-IN VEHICLE USED 8-REAR OCC.TRK OR VAN Y•YES - i --POSITION UNKNOWN H-LAP/SHOULDER HARNESS NOT USED R-IN.YEHCLE NOT USED .. _ 7 0-OTHER - PASSIVE RESTRAINT USED 8-OI VEHICLE USE UNKNOWN K:PASSIVE RESTRAINT NOT USED T-IN VEHICLE IMPROPER USE 'U-NONE IN VEHICLE €' ` ITEMS MARKED BELOW FOLLOWED BY AN ASTERISK(.•)SHOULD BE EXPLAINED IN THE NARRATIVE LIST NUMBER (*)) PRIMARY-COLLISION PARTY AT FAULT TRAFFN:CONTROL DEVICES 2 3 .TYPEOF VEHICLE :'.�'. 2 3TOR MOVEMENT�P CEDING ' • AVC SECTION VIOLATED: ,,.. c D ACONTROLS FUNCTIONING"" `.': APASSENGER CAR/STATION WAGON NO - CONTROLS NOT FUNCTIONING• PASSENGER CAR W/TRAILER PROCEEDING STRAIGHT ^..-. r BOTHER IMPROPER DRIVING• 7r -=` CONTROLS OBSCURED' •-.;' MOTORCrCLElBCOOTER' RAN OFF ..; *- DNo CONTROLS PRESEM.!FACTOR• DPICKUPOR PANEL TRUCK �. MAKING RIGHT:TURIE• COINER THAN DRIVER,`_ .'._ - PICKUP!PANEL TRUCK W LTRARFR MAKING LEFTIURIHS,- DUNKNOWN <t. _ HERO-ON .. x OR TRUCKTRACTOR `' 4-1 MAKING U TUiIIE" r E._._ SIDESWIPE /TRUCK TRACTOR W/TRLR BACKING '.i " ._ s •_.r;.� a•,;ar- �-la. _ REAR END ..>•..-. am SLO'MfINO;I8TOPPINIf'' sus �: ' .F�:: WEATHER(;MAAK.lTO21TEMS) ,, •» BROA " "��'Tei"�F"'�" OTHERLPASSUXI OTHER, ACLEAR HIT OBJECT �•_•a:.-lr. — CNA B CLOUDY -- - OVERTURIED I(HIGFMIAY CONS EODUNEM PARKING MANEUVER-= -_.-,:.,- C RAINING VEHICLE/PEDESTRIAN L BICYCLE ENTERING TRAFFIC ' SHOWING OTHER•: OTHER VEHICLE` OTHER UNSAFE TURNING FOG/VIS MUTY FT. MOTOR VEHICLE INVOLVED WITH PEDESTRIAN LONG UROOPPOSING LANE., POTHER F.: ANON COLi19101f _..,_ ., �._ .. MOPED +MNG PEDESTRIAN 1. -:, IIEiKi1I1G,5?� _ . :.::.• Kv.. LIGHTING -., , �[ OTHER MOTOR VEHICLB' ' - -- TRAYEUMO.IIIAONI:Y�,,r`,*. A DAYLIGHT D MOTOR VEHICLE ON OTHER ROADWAY OTHER ASSOCIATED FACTORS) OTHER ` BDUSK-DAWN PARKEDMOTOR VENCLE 1 2 3 • ' (mAmIT02REMB) -. COARK-STREETLIGHTS TRAIN. AVCSEC7MMLAnM:. CnEo D DARK-NO STREET LIGHTS BICYCLl Q�- DARK.STREETLHGMSNOT - ANIMAL: BVC8WTID VlNATWW: t1rEo FUNCTIONING• DYp �~ ROADWAY SURFACE - ANG - SOBHIETY•DFM A DRY (FMEECT:,. _ _ 1-12 3 Pi{1fSICJ1l Qrs (MARK/TO 2ITEMS) . a B WET OTHER OBJECT: _: t :. ©No I JCI NAD NOT BEEN DRINKING l-; SNOWY-ICY J D D SLIPPERY(MUDDY.OILT;ETC.} VMWN OBSCUREMENrz_ ,. B�-UNDER INFLUENCE--*. INATTENTION•: - HOD-NOTUNIMINFLUENCE ROADWAY CONDITION(S) G STOP i GO TRAFFIC NOD-IMPAIRMENT UNKNOWN (MARK I TO 2ITEMS) PEDESTRIAN SINVOLVED - UNDER DRUG INFLUENCE H ENTERING/LEAVING RAMP A NO PEDESTRIAN INVOLVED - IMPAIRMENT-PHYSICAL JE HOIES.OEEPRUT• - PREVIOUS COLLISION, - IMPAIRMENT NOT KNOWN CROSSING IN CROSSWALK LOOSE MATERIAL ON ROADWAY• AT INTERSECTION UNFAMILIAR WITH ROAD DEFECTIYEVEM?EQWP.r gip.: NQTAPPLICABLE V .•:- - OBSTRUCTION ON ROADWAY• CROSS=IN CROSSWALK-NOT � �Yp H �SLEE"IFATIGUED _2tn 7; CONSTRUCTION-REPAIR ZONE AT INTERSECTION ` LJ� SPECIAL INFORMATION : . REDUCED ROADWAY WIDTH D CROSSING-NOT04CROSSWALK UNINVOLVED VEHICLE MATERIAL '-„ FLOODED• INROAD-INCLUDES SHOULDER OTHER• r _* OTHER•:.•- NOT IN ROAD- NONE APPARENT 140 UNUSUAL CONDITIONS APPROACHING/LEAVING SCHOOL BITS RUNAWAY VEHNX E +� .--�.e:.._._ .. t littera f 1 - . 1 I nTo r . dhc �c�i _ D L � � S r rte_. _.. _..I. IN— ,- .•,s� i�-�„�� '�^�.�ied.."'��r.:-.� �: �--s^rssri4r.�i_�v:.��.^� �,-r�z�^-_r'm•r.: ..-tv.-----��-�`` _w^-•'-`x.�.►.L�li"'G STATE OF CALFORVA NARRATIVE/SUPPLEMENTAL _ CHP 556`riev 7-90 OR 042 Page DATE OF INCIOE14TIOCCURRENCE TIME(2400) NCIC NUMBER OFFICER I.D.NUMBER NUMBER X'ONE 'X'ONS TYPE SUPPLEMENTAL('X'APPLCCASLE) Narrative Conision report ❑BA update Fatal (]H'R and nun update Supplemental Other. ❑Hazardous materials ❑School bus ❑Other. -. CITY/COUNTY/JUOICULLDISTRICT REPORTINGDISTRICT/BEAT CRATIONNWBER:• LOCATION/SU13JECT STATE HIGHWAY RELATED = ❑Yes ❑No 2. � D f 3. LAW 4. ;;. 5. 6. 7. Q . 8. IX '104Lv&l , AP oelp 11'e 10. 12. S 7- 13. 14. 7 /J 1 17. , 18. 19. 7NIV If IW 64110J I�W kS /' 20. u / . . 21. 22. 23. 'r 24. 25. 26. =r. 27. 28. 29. so 31. PREPARER E AND LD.NUM DATE REVIEWER'S NAME [DATE Use previous edidons until depleted: sao srisa CLAIM I 0C I 4 993 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA COUNTY COONSEL Claim Against the County, or District governed by) BOARD ALT NUMEZ,CAUr, the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT NOVEMBER 2, x1993 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: ISAACS, Jack C. ATTORNEY: Kerry M. Gough Gough & Cohen Date received ADDRESS: 160 Franklirl�. St. Ste. 200 BY DELIVERY TO CLERK ON October 1, 1993 Oakland, CA 94608 BY MAIL POSTMARKED: September 30, 1993 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 4, 1993 IVIL BATCYELOR, Clerk epuI1. FROM: County Counsel TO: Clerk of the Board of isors (Y"') 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: 04&4,.e,_ 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 (f) 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. 11 Dated'.Z PHIL BATCHELOR, Clerk, By�. , �`y o r 0�� J Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnina see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: ✓ �Q�3 BY: PHIL BATCHELOR by .. �� ) Deputy Clerk CC: County Counsel County Administrator I 8EP 23 '93 16:17 • • P.2/3 Claim 'tot 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 915530 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. :r � �► � � � � * � � �c � � * �e e � � � e e e at e e �► � * � � � � � e a� � � � e � � � � RF: Claim By ) Reserved for Clerk's filing stamp JACK C. ISAACS ) RECEIVE® t R Against the County of Contra Costa ) u3'' OCT I or ) District) CLER CONTRACOSTA CO SUPERVISORS Fill. in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ unspecified and in support of this claim represents as follows: Exceeds $10 000 and is in Su erior court urisdiction -------M_—_r_..»..�.__------ --._____� -.. _�----------r1.r----- 1. When did the damage -or injury occur? (Give exact date and hour) April 8, 1993, at approximately 5: 30 p.xi. 2. Where did the damage or injury occur? (Include city and county) Unincorporated area of the County of Contra Costa, Stone Valley Road, approximately 50-75 feet east of the stop sign at the end of the Stone 1,1.Llevr _.8aasl. ti ramp =from northbou_ rind IS-680. _ _. —.,mow—__—___rrr.rwwww—w__—____— 3. How did the damage or injury occur? (Give full details; use extra paper if required) The driver. of the vehicle behind claimant rear-ended claimant at the place indicated in #2 above. See attachment hereto. - . --------------rw__________r_ _r.rr —-------------- ---_—_— 4. tr'hat particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? See attachment hereto, �nvarl SER. 23 '93 16:17 � � P.3/3 S. What are the names of county or district officers, servants or employees causing the damage or injury? Unknown. '6. What damage or injuries do you claim resulted? (Give fill extent of injuries or damages claimed. Attach two estimates for auto damage. Full extent of injuries or damages is not yet known. However, claimant suffered injury to his neck and back with consequential injury and damage to nerves and extremities. .�.r......----www— wwwwr--wrwwwwwwwwwwwwwwwww—w..w..rwwr..wwrw----w....� _w_ 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) The exact amounts have not yet been ascertained. Severty of injury and damages exceed $25, 000. 00 wwwwwr�� ..wrwwrwwrwrw�wwwrwwww�.wwarrwwwrwww. ----------www--w----- 8. Names and addresses of witnesses, doctors and hospitals. The claimant ' s investiga- tion is still pending. Contact claimant' s attorney for doctors and hospitals. This information, names of doctors and hospitals, is not required .to perfect a. claim under the. government code. 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT This information will be provided in discovery, should litigation proceed. This information is not required under- the government code in order to perfect a claim. e e * � �l � � � �l e e � �t e e e e �i * � * �e i1 �► �1 �1 �e �i �b e � � � � � �1 ,� � � � � �t Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES T0: Attorne or b -sojde person on/his b n Name -Ed-7d dress of Attorney ��( KERRY M. GOUGH GOUGH & COHEN - (Claim&tts Signature 160 Franklin Street Suite 200 160 Franklin Street Ste 200 Oakland, CA 94607 Address Oakland, CA 94607 T51 0-8 3 2=_5800 Telephone No. Telephone No. Sin R�� SRnn eeeee 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. ATTACHMENT As a result the acts and omissions of the County of Contra Costa and its employees and agents, the section of Stone Valley Road just east of the off-ramp from northbound IS-680 is dangerous and poses unreasonable risk of injury to motorists exercising due care. The danger rises from the fact that in a very short distance Stone Valley Road is reduced from two lanes to one lane. In addition the stream of traffic at this point from the off-ramp is introduced. Thus, a total of three lanes of traffic merge into one eastbound lane. As a result of this funneling of traffic from three lanes to one lane in a distance which does not meet reasonable design standards, the traffic bottlenecks, and is forced to come to sudden halts, resulting in numerous rear-end accidents, including claimant's accident. The County and its agents and employees failed to erect the proper warning signs and other regulatory measures to advise the motorists of the suddenly slowing or stopping traffic. Absence of signs was one cause, but not the sole cause of the dangerous condition. The condition constitutes a trap for a motorist utilizing the roadway in a reasonable fashion in that traffic suddenly halts without adequate prior warning. When Stone Valley Road was widened at or about the IS-680 overpass, a third lane for merging traffic was eliminated. This change was not reasonable, violated design standards and created a dangerous condition of public property. If the widening and funneling features were designed, such designs were not reasonable and the designs could not have been reasonably approved. If in fact the design of this roadway was properly approved, conditions have changed substantially since the time of the design in that traffic volume has increased tremendously, creating an extremely dangerous condition of rapidly moving, merging traffic in an area which is not adequate to provide for safe merging. Dated: September 30, 1993 . GOUGH & COHEN By: W-- KERRY M. GOUGH Attorneys for Plaintiff ' C W = cods 4 kw +H a rpt f� ',E:d E Po i— S. 4 te r d o Ac�'ami 4 c•a z' {j. y w «c IJ J E 0o Suj a Gq tp c N (� N J >c dQliZ �' Cot � 3tn ecaGG.r7} JjJ a Q 1� , ( � . Y b cis i Yy 4 { ❑ k� El W 4 a 1 � � r it a , 8 3 n o El U¢ U. m ..1 2S��$isod 10j --an j6Woisno job l � OCT 4 1993 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA COUNTY COUNSEL MARTINEZ,CALIF Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT NOVEMBER 2, 1993 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 Section 913 and 915.4. Please note all 'Warnings". CLAIMANT: LEWIS, Richard ATTORNEY: Date received ADDRESS: 71 Deerpark Court BY DELIVERY TO CLERK ON September 29, 1993 Oakley, CA 94561 BY MAIL POSTMARKED: (Via Risk Management) 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. g DATED: Oc'.ober 1, 1993 JJIL Deputy OR. Lsff,2;2�� 100, I1. FROM: County Counsel TO: Clerk of the Board of Supervisors (V) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: / 4 f L BY: Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( 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�4nm,,,t�x.c,,. I Jq � PHIL BATCHELOR, Clerk, By�_�,�A, w� � , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnina see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 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:` m�v,r��e r �. /!u �_ BY: PHIL BATCHELOR Dy (��p ��„/_ Deputy Clerk v CC: County Counsel County Administrator Clair 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 311 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 1not 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 See. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp � .�. 0 ) .- ) .RECEIVED. ) _ Against the-County of Contra Costa ) 30129 or ) District) CLERK BOARD OF SUPERVISORS Fill in name ) CONTRA COSTA CO. HAND DELIVERED L4- `�""� • 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) CN- 3. How did the damage or injury occur? (Give full details; use extra paper if required) L z r .. (f. C �'` TT------------------ -- 4. What particular act or omission on the part of county or district officers, servants orGGemployees � caused the injury or damage? / j►�/� l� T !p rR vrer) (over) what are the names of county or distr,ic offi ers, servants or employees causing the da nage or injury? r\A 5 � r < ?� What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. 4 � ,tfQ _.A 'Vel� �ac1�r co.Jcush .�� +a�t�Sh, SLc.F, , es}, 7. How was the amount claimed above computed? (Include the estimated amount of any g prospective injury or damage.) Oc!d_1y Z-(IKy73 _....__--__-------------...__—,._,.._.._......._..__ �_�.�.,�.. S. Names and addresses of witnesses, doctors and hospitals. Dk , C-�O& l)EiF6TZ 3`7V6 Oe47,4 f-4,11 ,(f,v� 'Oc-k� c.,4 `�zt`5-��' "l7?- 3?YY --------------------------- 9. List the expenditures you made on `account of this accident or injury: DATE ITEM AMOUNT Pj,,ttS tN ^'q ao `n » _-� d Gov. Code Sec. 910:2 provides: •-oe t a ` "The claim must be signed the claimant SEND NOTICES TO: (,Attorney) or by7some person on his behalf." Name and Address of Attorney Claimant's Signature (Address) Telephone No. Telephone No(,S%�) 6 >r--/-�-7 7 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 ($10,400, or by both such imprisonment and fine. 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 2, 1993 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: $350.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: BYRNE, Yvonne ATTORNEY: Date received ADDRESS: 421 6th Street BY DELIVERY TO CLERK ON October 7, 1993 (via Risk Mgmt) Rodeo, CA 94572 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors T0:_,. County Counsel Attached is a copy of the above-noted claim, pp5 DATED: October 11, 1993 B�ll Deputy OR, Cie 11. FROM- County Counsel TO: Clerk of the Board of Supervisors ( �) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �� 19 BY: �• Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (✓) This Claim .is rejected in full. ( Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated /J� PHIL BATCHELOR. Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnina see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated / ) • %.��m P�� 199.3 BY: PHIL BATCHELOR by Deputy Clerk 42,1 ,�,� ate/ CC: County Counsel County Administrator I Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death' or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day, after the accrual of the cause of action. Claims relating to 'causes of action for.death or for injury to person or to personal, property or growing-crops and which-accrue on or after January 1 1988, must be presented not.later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not .later than one year after the accrual of the cause 'of, action. ' (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Rom 106, County Administration Buildings 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 orm. RTE: Claim By Reserved for Clerk's filing stamp \J\J00f)-e- HAND DEUVERED Q C- �� j RECEIVED Y Age iw� � County of Contra Costa) or - 09 7M District) CLERK BOARD OF SU (Fill in name 5 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: Wd ASIX MwEn__.Y___aM®iWSOq.®.III_W+�e.YO_®4+a_O__MYi._O___MM.__+� ^ + "7'M - 1. When did the damage or injury occur? (Give exact Ite an Nour) 02000*01 (0. 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) on be_ rz>c1_J_ pc6A__cA *Ve_ Jcj-1, k , < 0 ex_z Ir Lx_�, t>tij A-,p C14 rf\,q awryMftct-P- V nc-�6 - &PS —------- --.._..._.. ---------------------- -vi--— 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? (over) 'CA 7. wnaL are tne 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: in wymd-Z�N-CACJ - 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) ---------------M----------_ —------M---- $. -------- 8. Names and addresses of witnesses, doctors and hospitals. 2 - 44 S 1-� LJ,,)e- eMpleqee-S L06e1,MS at,f Z,;L4aec 9. List the expenditures you made on account of this accident or'Injw DATE ITEM AMOUNT 9F Gov. Code See. 910.2 provides: ' "The claim must be signed by the claimant SEND NOTICE-$.6,0: or by some person on his behalf." Name and Address3 zofAtt6k-n-e-y (Claimant's Signature) (Address) c Telephone No. Telephone No. V V V V V V V V W V I V I V 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, orto 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)t 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. I 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 2, 1993 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unknown Section 913 and 915.4. Please note all "Warnings". CLAIMANT: SOUTHERN PACIFIC TRANSPORTATION COMPANY ATTORNEY: Robert Tuchman, Esq. Holme Roberts & Owen Date received ADDRESS: 1700 Lincoln, Suite 4100 BY DELIVERY TO CLERK ON October 5, 1993 (via Counsel) Denver, CO 80203 S.P. Rep. Cecelia C. Fusich BY MAIL POSTMARKED: Southern Pacific Building, One Market Plaza, Ste. 800, San Francisco, 94105 I. FROM: Clerk of the Board of Supervisors TO: , County Counsel Attached is a copy of the above-noted claim. DATED: October 11, 1993 IVIL Deputy OR, Clerk I1. 71This : County Counsel TO: Clerk of the Board of Supervisors claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying Claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: A Dated: C 7 3 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: Ay ��„(�HIL BATCHELOR, Clerk, Byy a,��pp�r� , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. . *For additional warnina see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 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. �/J)c Datedim, ,l Q 9 BY: PHIL BATCHELOR by //�, (�� Deputy Clerk CC: County Counsel County Administrator CONFIDENTIAL COUNTY COUNSEL'S OFFICE 7. RECEIVED CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA10U — 519M MEMORANDUM CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. Date: October 5, 1993 TO: Jeanne Maglio, Clerk of the Board of Supervisors FROM: Victor J. Westman, County Counsel By: Gregory C. Harvey, Deputy County Counsel RE: Helix v. Southern Pacific Attached is a claim erroneously sent to our office rather than to the Clerk of the Board. COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: September 28, 1993 CONFIDENTIAL To: Rex Scatena - Jaffee, tanich, Scatena. & Blum a -ch t m Jaffee, T- ip Lee Rosenthal - Go arb & Lipman ector, y f Jim Kennedy - puty Director, Redevelopment Agency Paul Gavey - cipal Real Property Agent From: Victor J. Westman, County Coins By: Sharon L. Anderson, Deputy ty Counsel Re: HELIX v. SOUTHERN PACIFIC Last week this office received a telephone call from the attorneys for Southern Pacific indicating that their title reports showed that the County, rather than the Redevelopment Agency owned the Hookston Station property. I called Paul Gavey and Jim Kennedy and they confirmed that the County was the owner of the property. Yesterday, the County received in the mail the attached claim for contribution and indemnity from-Southern Pacific. The claim will be processed in the usual manner by the County. It has been referred to Greg Harvey, an attorney in this office, for processing. In the meantime, we should consider amending the complaint to either add the County as a plaintiff, or to substitute the County as plaintiff in place of the Redevelopment Agency. SLA:la cc. Greg Harvey Lillian Fujii yl 0 1 DECEIVE® 2 CECELIA C. FUSICH, STATE BAR NO. 139781 OCT '- 5 SOUTHERN PACIFIC TRANSPORTATION COMPANY 3 IM Southern Pacific Building One Market Plaza, Suite 800 CLERIC BOARD OF SUPERVISORS 4 San Francisco, California 94105 CONTRA COSTA CO. Telephone: (415) 541-2046 5 EDWARD J. McGRATH, COLORADO BAR NO. 10374 6 ROBERT TUCHMAN, COLORADO BAR NO. 13507 HOLME ROBERTS & OWEN LLC D 7 1700 LINCOLN, SUITE 4100 SEP DENVER, COLORADO 80203 8 Telephone (303) 861-7000 COU�4TY C�UNSLL 9 Attorneys for Defendant PAARTINEZ'CAL�` SOUTHERN PACIFIC TRANSPORTATION COMPANY 10 CLAIM FOR DAMAGES AGAINST: 11 CONTRA COSTA COUNTY 12 P.O. Box 69 Martinez, CA 94553 13 Attention: Sharon L. Anderson, Deputy County Counsel 14 RE: CLAIM FOR CONTRIBUTION AND INDEMNITY 15 16 On behalf of the claimant SOUTHERN PACIFIC TRANSPORTATION COMPANY ("Southern Pacific") , through its attorneys, the 17 following claim arising out of alleged contamination of the real property described below is submitted: 18 (a) The name and post office address of the claimant: 19 SOUTHERN PACIFIC TRANSPORTATION COMPANY 20 One Market Plaza, Room 800 San Francisco, CA 94105 21 Attention: Cecelia C. Fusich 22 (b) Correspondence regarding this claim may be sent to: 23 CECELIA C. FUSICH Southern Pacific Building 24 One Market Plaza, Suite 800 San Francisco, CA 94105 25 (c) The date, place- and circumstances of the occurrence 26 or transaction which gave rise to the claim asserted: 27 On or about August 12, 1992, plaintiffs Helix and the Contra Costa Redevelopment Agency ("Redevelopment 28 Agency") sued the Southern Pacific, claimant, for 1 . 2 response costs and other damages arising from the alleged contamination of certain property located at 3 the intersection of Hookston Road and Bancroft Road, Pleasant Hill, California. Plaintiffs claimed that 4 they owned the property in issue. In August 1993, plaintiffs filed their Third Amended Complaint, a 5 copy of which is attached hereto. In the course of answering the Third Amended Complaint, Southern 6 Pacific learned for the first time that the Redevelopment Agency, in fact, does not own the 7 property in issue and that a portion of the property is owned by Contra Costa County. 8 As a current owner, Contra Costa County is liable 9 under applicable Federal statutory law and under the applicable common law. 10 (d) A general description of the indebtedness, 11 obligation, injury, damage, or loss incurred so far as it may be known at the time of presentation of the 12 claim: 13 The alleged owners of the premises have demanded from claimant reimbursement for the costs of 14 investigating, monitoring, and remediation of the contamination as well as damages for reduction in 15 real property value, attorneys' fees and costs. 16 (e) The names of the public employees causing the injury, damage or loss: 17 The names of any responsible public employees are not 18 known at this time. 19 (f) The amount claimed, as of the date of presentation of the claim, including the estimated amount of any 20 prospective injury, damage or loss, insofar as it may be known at the time of the presentation of the 21 amount claimed: 22 The exact amount of the damages is not known at this time. Southern Pacific Transportation Company's 23 claim is for contribution and/or equitable and implied indemnity for any and all amounts which it is 24 required to pay as a result of any settlement or Judgment in said action. 25 (g) The Complaint was first served on Southern Pacific on 26 August 12, 1992 . However, the Complaint erroneously claimed that the Redevelopment Agency owned the 27 eastern portion of the property in issue. Within the past week, Southern Pacific first learned that the 28 eastern portion of the property is in fact owned by Contra Costa County. 1 . 2 I, the undersigned, declare under penalty of perjury that I have read the foregoing claim for damages, and know the 3 contents thereof; that the same is true of my own knowledge and belief, save and except as to those matters wherein stated 4 on information and belief, and as to them, I believe it to be true. 5 Executed on the 24th day of September, 1993, Denver, 6 Colorado. 7 HOLME ROBERTS & OWEN LLC 8 9 10 Edward J. McGrath Robert Tuchman 11 1700 Lincoln, Suite 4100 Denver, Colorado 80203 12 Attorneys for Defendant Southern 13 Pacific Transportation Company 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NRTP/BY7 -3- 1 . 2 DECLARATION OF SERVICE BY MAIL 3 I, MARJORIE A. KNOWLES, do hereby declare: 4 I am employed in the City and County of Denver, 5 Colorado and my business address is HOLME ROBERTS & OWEN LLC, 1700 Lincoln Street, Suite 4100, Denver, Colorado 80203 , and I 6 am not a party to this action. On this date I served: 7 CLAIM FOR DAMAGES AGAINST CONTRA COSTA COUNTY g by placing a true copy thereof enclosed in a sealed 9 envelope with postage, certified and return receipt requested, thereon fully prepaid with in the United States mail at 10 Denver, Colorado addressed as follows: 11 Contra Costa County P.O. Box 69 12 Martinez, CA 94553 Attention: Sharon L. Anderson, 13 Deputy County Counsel 14 I declare under penalty of perjury that the foregoing is true and correct. 15 Executed on September 414, 1993, at Denver, 16 Colorado. 17 18 A A, JA A 4,��2,,. ,Az ruswpx 19 M A R J OR A. KNO LE 20 21 22 23 24 25 26 27 28 NRTP/BY7 —4— 11 REX SCATENA, ESQ. , #84472 1 JAMES L. JAFFE, ESQ. , W053811 21 JAFFE, TRUTANICH, SCATENA & BLUM A Professional Law Corporation 31 250 Montgomery Street, Suite 900 San Francisco, California 94104 41 415/397-9006 5 Attorneys for Plaintiffs Daniel C. 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 1 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 111: P.O. Box 69 Martinez, CA 94553 12 Attorneys for the Contra Costa County 11 Redevelopment Agency 141 IN THE UNITED STATES DISTRICT COURT 15 FOR THE NORTHERN DISTRICT OF CALIFORNIA 16 11 DANIEL C. HELIX, MARY LOU HELIX, CASE NO. C922312 DLJ i 1171 SAMUEL P. YOUNG, ELIZABETH YOUNG, SHEILA BRUTOCO, JOHN V. HOOK, THIRD AMENDED COMPLAINT 181 j GENEVA B. HOOK, JOHN V. HOOK FOR DAMAGES, DECLARATORY 1 AND STEVEN PUCELL, AS CO-TRUSTEES RELIEF AND DEMAND FOR 1911 UNDER THE WILL OF MILDRED A. HOOK, JURY 'TRIAL I AND THE CONTRA COSTA COUNTY (42 U. D.V. §§ 9607 , 9613) 201 REDEVELOPMENT AGENCY 21 Plaintiffs, 221V. 23 SOUTHERN PACIFIC TRANSPORTATION, CORPORATION; SANTA FE PACIFIC 24 PIPELINE; HERMAN J. TIJSSELING ENTERPRISES; TITRA CORPORATION; 251 CALICO LUMBER COMPANY, INC. ; JOHN DEBEAUMONT AND ALBERT 26 DEBEAUMONT, DBA TRI- CITY CONCRETE; ) MIKE HALL, DBA JOHN BULL AUTO; 27 BYRON T. HORN, .DBA B&D TOWING; 28 � RICHARD VALLES , DBA B&D TOWING; RANDY LEVITT, DBA AMERICAN TOW; ELIZABETH 1 PEARSON, DBA PEARSON LUMBER; DAVE SOUSA, DBA INLAND MASONRY; 2 STEVEN WOODWARD, DBA ARROW GARAGE; HABER OIL; PITCOCK PETROLEUM, INC. ;.),:.; 3 ASHBY LUMBER, RICHARD BEITH; AND E.T. MACS, INC. 4 Defendants. 5 AND RELATED CROSS ACTIONS. 6 7 Plaintiffs, Daniel C. Helix, Mary Lou Helix, Samuel P. Young, 8 Elizabeth Young, Sheila Brutoco, John V. Hook, Geneva B. Hook, and 9 John V. Hook and Steven Pucell, as Co-Trustees under the Will of 101 Mildred A. Hook (collectively, the "Hookston Group") and the Contra 11 Costa County Redevelopment Agency (the "Redevelopment Agency") , 12 allege as follows: 13 STATEMENT OF ACTION 14 The Hookston Group and the Redevelopment Agency (collectively, 15 "Plaintiffs") bring this civil action against defendants Southern 16 Pacific Transportation Corporation ("Southern Pacific") ; Santa Fe 171 Pacific Pipeline; Herman J. Tijsseling Enterprises; Titra 181 Corporation; Calico Lumber Company, Inc. ; John DeBeaumont and 19 Albert DeBeaumont, dba Tri-City Concrete; Mike Hall , dba John Bull 201 Auto; Byron T. Horn, dba, B&D Towing; Richard Valles, dba B&D 21 Towing; Randy Levitt, dba American Tow; Elizabeth Pearson, dba 22 Pearson Lumber; Dave Sousa, dba Inland Masonry; Steven Woodward, 23 dba Arrow Garage; Haber Oil, Pitcock Petroleum Inc. ; Ashby Lumber 24 Company (collectively, "defendants") under 42 U.S.C. §§ 9607 et 251 sect. and 9613 (f) of the Comprehensive Environmental Response, 261 compensation and Liability Act of 1980 (110ERCLA11) for the recovery 271 of costs incurred and to be incurred by plaintiffs in response to 28j 2 1 the release and threat of release of hazardous substancesi onto and 2 from the real property known as the Hookston Station site located 3I at the intersection of Hookston Road and Bancroft Road, Pleasant 4 Hill, California (the "site") . 5 This action generally arises from each defendant's 6 contamination and pollution of structures, soil, subsoils, surface 7 water and groundwater at and in the vicinity of the site through 8 the handling, usage, storage, disposal or release of hazardous 9 substances at the site. 10 Plaintiffs also seek declarations by this Court, pursuant to 11 the Declaratory Judgments Act, 28 U.S.C. §§ 2201-2202 , that 121 defendants, and each of them: 13 , (1) are jointly and severally liable for the presence of 14 hazardous substances contamination on the site under CERCLA; 15 , (2) are jointly and severally liable for general damages and 16 all costs or expenses, including attorneys' fees, necessary to 17 respond to the release and threat of release of hazardous substances onto and from the site under CERCLA; and 191 (3) must reimburse plaintiffs for all costs or _expenses, 201 including attorneys' fees, that they have incurred and will 211 incur for the testing, investigation, abatement, remediation 22 and removal of hazardous substances contamination from the 23 structures, soil, subsoil, surface water, and groundwater at 24 and in the vicinity of the site. 251 The grounds for such declaratory relief are that each 261 defendant owned and/or operated one or more facilities at the site 27 1 As defined by the comprehensive Environmental Response, 28 Compensation and Liability Act ("CERCLA") § 101 (14 ) , [42U-S - C- § 9601 ( 14 ) ] . 3 I when hazardous substances were generated and disposed of, and that 2 each defendant owned and/or operated these facilities during a time 3 when hazardous substances were generated and disposed of. 4 Pursuant to the pendent jurisdiction of this Court over state 5 law claims, plaintiffs seek declaratory relief and damages from 6 each defendant for negligence, contribution under California Health 7 & Safety Code § 25363 (e) , strict liability, nuisance, intentional 8 trespass, negligent trespass, unjust enrichment, restitution, 9 equitable indemnity, contractual indemnity and breach of contract. 10 Plaintiffs are informed and believe, and thereon allege that each 11 defendant contaminated and polluted the structures, soil , subsoil , 121 surface water and groundwater at and in the vicinity of the site 13 through the negligent, improper, or unreasonable handling, usage, 14 storage disposal or release of hazardous substances and gasoline, 151 petroleum-related products, petroleum products, and petroleum 16 residues (collectively, "petroleum products") . 17 Under this Court's supplemental jurisdiction over state law 181 claims, plaintiffs seek declarations by this Court that defendants, 191 and each of them: 20 (1) are jointly and severally liable for the presence of 21 hazardous substances and/or petroleum products contamination 221 on the site under California law; 23 (2) are jointly and severally liable for general damages and 24 all costs or expenses, including attorneys' , fees, necessary to 25 respond to the release and threat of release of hazardous 26 substances and/or petroleum products onto and from the site 27 under California law; and 281 4 1 (3) must reimburse plaintiffs for all costs or expenses , 2 including attorneys' fees that they have incurred and will 3 incur for the testing, investigation, abatement, remediation 4 and removal of hazardous substances and/or petroleum products 5 contamination from the structures, soil, subsoil, surface 6 water, and groundwater at and in the vicinity of the site 7 under California law. 8 JURISDICTION AND VENUE 91 1. This is a civil action arising under CERCLA, 42 U.S.C. 10 § 9601 et sea. This Court has subject matter jurisdiction pursuant 11 to 42 U.S.C. § 9613 (b) and 28 U.S.C. § 1331. The causes of action 12 alleged herein arise under the Constitution, laws, or treaties of 13 the United States, or are pendent thereto. 14 2. Plaintiffs' claims for relief arise in this district. 15 Venue is therefore appropriate in this district under 42 U.S. C. 16 § 9613 (b) and 28 U.S.C. § 1391(b) . 17 3 . This Court has jurisdiction over the state law claims for 18 negligence, contribution under California Health & Safety Code 19 § 25363 (e) , strict liability, nuisance, intentional -trespass , 20 negligent trespass, unjust enrichment, restitution, equitable 21 indemnity, express indemnity and breach of contract under the 22 doctrine of pendent jurisdiction because these claims arise out of 23 the same nucleus of operative facts as the federal claims. 24 PARTIES 25 4 . Plaintiff Daniel Helix is, and at all times relevant 26 herein was, a resident of Contra Costa County, California. 27 5. Plaintiff Mary Lou Helix is, and at all times relevant 28 .1 herein was, a resident of Contra Costa County, California. 5 1 6. Plaintiff Samuel P. Young is, and at all times relevant 2 herein was, a resident of Contra Costa County, California. 3 7 . Plaintiff Elizabeth Young is, and at all times relevant 4 herein was, a resident of Contra Costa County, California. 51 S. Plaintiff Sheila Brutoco is, and at all times relevant 61 herein was, a resident of Contra Costa County, California. 7 9. Plaintiff John V. Hook is, and at all times relevant 8 herein was, a resident of Contra Costa County, California. 9 10. Plaintiff Geneva B. Hook is, and at all times relevant 10 herein was, a resident of Contra Costa County, California. 11 11. Plaintiff John V. Hook, as Co-Trustee under the Will of 12 Mildred A. Hook, is and at all times relevant herein was, a 13 resident of Contra Costa County, California. 14 12. Plaintiff Stephen Pucell, as Co-Trustee under the Will of 15 Mildred . A. Hook, is and at all times relevant herein was, a 16 resident of Contra Costa County, California. 171 13 . Plaintiff Contra Costa County Redevelopment Agency is , 18 and at all times relevant herein was, a public entity organized and 19 existing under the laws of the State of California and in its name, 20 may sue and sued.. 21 14. Plaintiffs are informed and believe, and thereon allege 22 that defendant Southern Pacific Transportation Corporation 23 (hereinafter "Southern Pacific") , is and at all times relevant 24 herein was, a corporation organized and existing under the laws of 25 , the State of Delaware, with its principal place of business at San 26 - Francisco, California. 27 15. Plaintiffs are informed and believe , and thereon allege 28 1 that defendant Santa Fe Pacific Pipeline, is and at all times 6 I relevant herein was, a corporation organized and existing under the 2 laws0 f the State of California, with its principal place of 3 business at Los Angeles, California. 41 16. Plaintiffs are informed and believe, and thereon allege 5 that defendant Herman J. Tijsseling Enterprises, is and at all 61 times relevant herein was, a corporation organized and existing 7 under the laws of the State of California, with its principal place 8 of business at Walnut Creek, California. 9 17. Plaintiffs are informed and believe, and thereon allege 10 that defendant Titra Corporation, is and at all times relevant 11 herein was, a corporation organized and existing under the laws of 1211 the State of California, with its principal place of business at 13 Walnut Creek, California. 141 18. Plaintiffs are informed and believe, and thereon allege 15 that defendant Calico Lumber Company, Inc. , is and at all times 161 relevant herein was, a corporation organized and existing under the 17 laws of the State of California, with its principal place of 181 business in Contra Costa County, California. 191 19. Plaintiffs are informed and believe, and thereon allege 20 that defendant John DeBeaumont, is and at all times relevant herein 21 was, a resident of Contra Costa County doing business as Tri-City 22 Concrete. 23 20. Plaintiffs are informed and believe, and thereon allege 24 that defendant Albert DeBeaumont, is and at all times relevant 251 herein was, a resident of Contra Costa County doing business as 261 Tri-City Concrete. 27 21. Plaintiffs are informed and believe, and thereon allege 28 ,1 that defendant Mike Hall , is and at all times relevant herein was , 7 1 a resident of Contra Costa County doing business as John Bull Auto. 2 22 . Plaintiffs are informed and believe, and thereon allege 3 that defendant Byron T. Horn, is and at all times relevant herein 4 was, a resident of Contra Costa County doing business as B&D 5 Towing. 6 23 . Plaintiffs are informed and believe, and thereon allege 7 that defendant Richard Valles, is and at all times relevant herein 8 was, a resident of Contra Costa County doing business as B&D 91 Towing. 10 24 . Plaintiffs are informed and believe, and thereon allege 11 that defendant Randy Levitt, is and at all times relevant herein 12 was, a resident of Contra Costa County doing business American Tow. 13 25. Plaintiffs are informed and believe, and thereon allege 14 that defendant Elizabeth Pearson, is and at all times relevant 15 herein was, a resident of Contra Costa County doing business as 16 Pearson Lumber. 171 26. Plaintiffs are informed and believe, and thereon allege 18 that defendant Dave Sousa, is and at all times relevant herein was, I 191 a resident of Contra Costa County doing business as Inland Masonry. 201 27 . Plaintiffs are informed and believe, and thereon allege :21 that defendant Steve Woodward, is and at all times relevant herein 22 was, a resident of Contra Costa County doing business as Arrow 23 Garage. 24 28. Plaintiffs are informed and believe, and thereon allege 25 ' that defendant Haber Oil , is and at all times relevant herein was, 26 a corporation organized and existing under the laws of the state of 271 California, with its principal place of business in Pleasant Hill , 281 California. 8 29 . Plaintiffs are informed and believe, and thereon allege 2 that defendant Pitcock Petroleum, -Inc. , is and at all times 31 relevant herein was, a corporation organized and existing under the 4 laws of the State of California, with its principal place of 51 business in Pleasant Hill, California. 6 30. Plaintiffs are informed and believe, and thereon allege 7 that defendant Ashby Lumber Company, is and at all times relevant 8 herein was, a corporation organized and existing under the laws of 91 the State of California, with its principal place of business in 10 1 Pleasant Hill, California. 11 31. Plaintiffs are informed and believe, and thereon allege 12 that defendant Richard Beith, an individual, was and at all times 131 relevant hereto, the owner of defendant E.T. Mags and as such 14 exercised day today management and control over the operation of 15 the business including its disposal practices with respect to the 16 hazardous substances referred to herein. 171 32 . Plaintiffs are informed and believe, and thereon allege 18 , that defendant E.T. Mags, Inc. , is and at all times relevant herein 19 was, a corporation organized and existing under the laws of the 20 State of California, with its principal place of business in 211 Pleasant Hill , California. 22 .23 NATURE OF THIS ACTION 24 33 . This is a civil action for damages, declaratory relief, 251 and recovery of response and cleanup costs, brought under CERCLA, 26 the equitable powers of this Court, and the principles of pendent 27 jurisdiction. 28 34 . The Hookston Group acquired the site from their 9 1 predecessor-in-interest Southern Pacific in July 1983 and sold the 2 eastern portion of the site to the Redevelopment Agency in June 3 1989. Plaintiffs are informed and believe, and thereon allege that 4 by and before the date the Hookston Group purchased the site, the 51 structures, soil, subsoil, surface water and groundwater at the 6 site were contaminated with hazardous substances and/or petroleum 7 products and physically damaged by the acts and omissions of 8 Southern Pacific. 91 35. Plaintiffs are informed and believe, and thereon allege 10 that each defendant operated one or more facilities at the site ill which generated and disposed of hazardous substances and/or 12 petroleum products that contaminated and physically damaged the 13 structures, soil, subsoil, surface water and groundwater at the 14 site. 15 , 36. Plaintiffs seek a declaratory judgment that defendants 16 , are jointly and severally liable under CERCLA and/or California law 17 , for causing all or part of the contamination and physical damage to 18 : the structures , soil, subsoil, surface water and groundwater at the 191 site, and are jointly and severally liable as a matter ofbothlaw 20 and equity for general damages as well , as all response costs and 211 expenses, including attorneys' fees, incurred in the investigation, 221 abatement, remediation and removal of the contamination. 23 Plaintiffs seek general damages and the response costs and expenses 24 that they have incurred or will incur in the testing, 251 investigation, abatement, remediation, and removal of hazardous 261 substances and/or petroleum products contamination from the 271 structures, soil , subsoil, surface water, and groundwater at and in 281 the vicinity of the site. 14 1 FACTUAL ALLEGATIONS COMMON TO ALL CLAIMS FOR RELIEF 2 37. Plaintiffs are informed and believe, and thereon allege 3 that Southern Pacific was the owner of an undivided interest in the 4 site from August 23 , 1890 until July 23 , 1983 , when Southern 51 Pacific transferred its ownership interest in the site to the 6 Hookston Group. 7 38. Plaintiffs are informed and believe, and thereon allege 8 that Southern Pacific developed the site during its ownership as an 9 industrial park where hazardous substances and/or petroleum 10 products were handled, used, stored, generated and disposed of at 11 and in the vicinity of the site. 12 39. Plaintiffs are informed and believe, and thereon allege 13 that Southern Pacific, during its ownership, leased the site to 141 Titra Corporation, a subsidiary of Herman J. Tijsseling 15 , Enterprises, which in turn leased the site to tenants who operated 161 businesses which handled, used, stored, generated and disposed of 17 -hazardous substances and/or petroleum products on the site. 18 40. Plaintiffs are informed and believe, and thereon allege 19 that during Southern Pacific's ownership of the site,_ Southern 20 Pacific and these tenants leaked, discharged and/or otherwise 21 : released hazardous substances and/or petroleum products onto and 22 into the structures, soil, subsoil, surface water and groundwater 231 at and in the vicinity of the site. 24 - 41. After the Hookston Group acquired title to the site., many 251 of the tenants continued their operations on the site. Plaintiffs 26 are informed and believe, and thereon allege that these tenants 27 continued to handle, use, store, generate and dispose of hazardous 28 substances and/or petroleum products on the site and leaked, 1 discharged and/or otherwise released hazardous substances and/or 2 petroleum products onto and into the structures, soil , subsoil , 31 surface water and groundwater at and in the vicinity of the site. 4 42. After the Hookston Group acquired title to the site, the 5 Hookston Group, doing business as S&D Leasing, leased by separate 6 written agreements, areas and buildings on the site to each tenant. 7 Plaintiffs are informed and believe, and thereon allege that in 8 breach of their written agreements with the Hookston Group, these 9 tenants handled, used, stored, generated and disposed of hazardous 10 i substances and/or petroleum products on the site and leaked, 11 discharged and/or otherwise released hazardous substances and/or 12 . petroleum products onto and into the structures, soil , subsoil , 13 , surface water and groundwater at and in the vicinity of the site. 14 1 43 . In June 1989, the eastern portion of the site was sold to 15 the Redevelopment Agency. After the purchase, the Contra Costa 16 County Health Department performed a field inspection for 171 contamination on June 22 , 1989 and recommended a follow-up 181 assessment of the eastern portion of the site on July 5 , 1989 to 191 the Contra Costa County Public Works Department that wascopiedto 201 the Hookston Group. 211 44. The Redevelopment Agency subsequently retained Harding 221 Lawson Associates ("HLA"} to inspect the eastern portion of the 23 site. HLA initiated a preliminary site assessment for hazardous 24 materials on October 24 , 1989 and forwarded its results to the 25 Redevelopment Agency on January 5, 1990. HLA's report indicated 26 high concentrations of petroleum hydrocarbons and Trichlorethylene 27 ("TCE") at the site. HLA recommended that "an , additional 28 investigation be performed to determine the lateral and vertical 12 1 extent of hydrocarbon contamination. The Redevelopment Agency 2 forwarded HLA's report to the Hookston Group on May 24 , 1990. 3 45. The Hookston Group retained ENGEO, Inc. ("ENGEO") in 4 September 1990 to investigate the contamination on the site. One 5 of ENGEO's tasks included research for potential on-site and off- 6 site property sources of halogenated volatile organic compounds 7 ("VOCs") discovered in four wells installed by HLA at the site. 81 46. In October 1990, ENGEO installed at significant expense 9 to the Hookston Group, additional groundwater monitoring wells to 101 quantify the contamination and a soil gas survey to define the VOC 11 problem. 12 47. The soil gas study and additional monitoring well 13 installations were conducted between March 1991 and May 1991. The 14 soil gas study was conducted by placing 76 passive collector probes 15 in various locations across the site. The study exposed a 16 significant flux of VOCs,. primarily TCE, across the site. Engeo 171 reported elevated vapor flux in the following locations: 181 (a) Southeast of the Ashby Lumber building near the eastern 19 property line; 20 (b) Along the sewer alignment at the Ashby Lumber/Tri-Cities 21 fence line; 22 (c) The northwest portion of the Tri-cities Concrete yard; 23 and 24 (d) Along the sewer alignment on the east side of . the 25 southwest commercial building complex. 26 48 . On February 14 , 1992 , ENGEO reported petroleum 271 contamination of groundwater in one monitoring well and on March 3 , 28 � 1992 , advised the Hookston Group of VOC contamination of soil, along 13 1 the east side of the commercial buildings in the southwest property 2 area, within the central and northeast property area, and along the 3 eastern property line of the site. 41 49. When the Redevelopment Agency purchased the eastern 5 portion of the site, the Redevelopment Agency also entered into a 6 leaseback agreement with the Hookston Group, who in turn, doing 7 business as S&D Leasing, continued to lease areas and buildings on 8 the site to pre-existing tenants and new tenants on behalf of 91 plaintiffs. Plaintiffs are informed and believe, and thereon 10 , allege that in breach of their written lease agreements , these Ill tenants handled, used, stored, generated and disposed of hazardous 121 substances and/or petroleum products on the site and leaked, 131 discharged and/or otherwise released hazardous substances and/or 14 petroleum products onto and into the structures, soil, subsoil , 15 surface water and groundwater at and in the vicinity of the site. 161 50. Since acquiring title to the site, the Hookston Group has 171 not handled, used, stored, generated and disposed of hazardous 18ii substances and/or petroleum products on the site nor leaked, 19 discharged or otherwise released hazardous substances and/or 20 petroleum products into the soil, subsoil, surface water, and 21 groundwater at and in the vicinity of the site. The Hookston Group 221 has never used, does not use, and has not discharged hazardous 23 substances and/or petroleum products into the soil, subsoil , 24 surface water and groundwater at and in the vicinity of the site. 251 51. since acquiring title to the eastern portion of the site, 26 the Redevelopment Agency has not handled, used, stored, generated 27 and disposed of hazardous substances and/or petroleum products on 28 ,1 the site nor leaked, discharged or otherwise released hazardous 14 1 substances and/or petroleum products into the soil , subsoil , 2 surface water, and groundwater at and in the vicinity of the site. 3 The Redevelopment Agency has never used, does not use, and has not 4 discharged hazardous substances and/or petroleum products into the 5 soil, subsoil, surface water and groundwater at and in the vicinity 6 of the site. 71 52 . Until June 22 , 19891 the Hookston Group had no knowledge sl nor any reasonable basis to suspect any leaks, discharges, and/or 9 other releases of hazardous substances and/or petroleum products 10 1 onto and into the structures, soil, subsoil, surface water and 11 groundwater at and in the vicinity of the site because the Hookston 12 Group never received any information which would have caused a 13 reasonably prudent person to know or to suspect that such leaks, 14 discharges, and/or other releases had occurred. 15 53 . Until June 22 , 1989 , the Redevelopment Agency had no 16 knowledge nor any reasonable basis to suspect any leaks, 17 discharges, and/or other releases of hazardous substances and/or 1 8 petroleum products onto and into the structures, soil, subsoil , 19 surface water and groundwater at and in the vicinity of the site 20 because the Redevelopment Agency never received any information 21 , which would have caused a reasonably prudent person to know or to 221 suspect that such leaks, discharges, and/or other releases had 23 occurred. 24 54 . As of the date of this complaint, plaintiffs have 25 expended payments to ENGEO for testing and sampling the structures, 26 soil , subsoil , surface water and groundwater on the site ; 271 investigating the source and content of hazardous substances and/or 28 , petroleum products existing thereon; and have incurred other costs 15 1 and attorneys fees as a direct and Proximate result of presence of 2 hazardous substances and/or petroleum products on the site and the 31 environmental hazard posed by the threatened migration of hazardous 41 substances and/or petroleum products onto the site and adjacent 5 property. 6 FIRST CLAIM FOR RELIEF 7 CERCLA Cost Recovery Against Southern Pacific 81 55. Plaintiffs incorporate by reference Paragraphs 1, through 9 54 as though fully set forth herein. 10 56. Southern Pacific is a "person" as defined by 42 U.S . C. 11 § 9601(21) . 121 ' 57. Southern Pacific was, during the period in which it was 13 record title owner of the site or possessed of a legal or equitable 14 ownership therein, both an "owner" as well as an "operator" of the 15 site as defined by 42 U.S.C. § 9601(20) (a) . 16 58. The site is, and at all times relevant herein was, a 17 "facility" within the meaning of 42 U.S . C. § 9601 (9) is 59 . Plaintiffs are informed and believe, and thereon allege 191 that the chemicals used on the site by Southern Pacific and 201 Southern Pacific's tenants are "hazardous substances" within the 21 � meaning. of 42 U.S .C,. § 9601 (14) . 22 60. Plaintiffs are informed and believe, and thereon allege 231 that the actions by Southern Pacific with regard to these chemicals 24 constitute "releases" and/or "disposals" of hazardous substances at 25 a facility within the meaning of 42 U.S . C. § 9601 (22) 26 61. Plaintiffs are informed and believe, and thereon allege 27 that Southern Pacific is liable under 42 U.S .C. § 9607 (a) , because 28 Southern Pacific owned and/or operated the site at all times when 16 I hazardous substances were released. 2 62 . Plaintiffs, as passive non-negligent record title owners 3 of the site may be required to bear a portion of the necessary 4 costs of response to investigate and remediate the chemical 5 releases at the site. Southern Pacific, due to its active 6 negligence and wrongful conduct, is absolutely liable, on a joint 7 and several basis, for all necessary costs of response to 81 investigate and remediate the chemical releases at the site. 9 Plaintiffs deny their ultimate liability for such necessary costs 10 � of response. 11 63 . As a direct and proximate result of the releases by 12 Southern Pacific of hazardous substances at the site, plaintiffs 13 have incurred and will continue to incur response costs and 14 1 expenses for testing, investigation, abatement, remediation and 15 removal of these hazardous substances from the structures, soil , 16 subsoil, surface water, and groundwater at and in the vicinity of 171 the site. 18 64 . Any costs that plaintiffs have incurred or will incur, 19 ! including attorneys' fees expended in this action, are and will be - 201 necessary costs of response consistent with the National 21 contingency Plan (IINCP11) within the meaning of 42 U.S . C. § 9607 (a) . 22 Accordingly, plaintiffs are entitled to reimbursement for all such 23 past, present, and future costs, together with interest from 24 Southern Pacific pursuant to 42 U.S.C. § 9607 (a) . 251 65. Pursuant to 42 U.S.C. § 9607 (a) , Southern Pacific is 261 strictly liable to plaintiffs for the costs and damages alleged. 27 28 17 1 SECOND CLAIM FOR RELIEF 2 CERCLA Cost Recovery Against Defendants 3 66. Plaintiffs incorporate by reference Paragraphs 1 through 41 65 as though fully set forth herein. 51 67 . Each defendant is a "person" as defined by 42 U.S.C. 6 § 9601(21) . 7 68. Each defendant, during the period that they leased and/or 8 operated in certain areas and buildings on the site from Southern 91 Pacific, the Hookston Group or the Redevelopment Agency, are 10 i "operators" of the site as defined by 42 U.S.C. § 9601 (20) (a) . 11 ! 69 . Plaintiffs are informed and believe, and thereon allege 12 that the chemicals used by each defendant on the site are 13 "hazardous substances" within the meaning of 42 U.S. C. § 9601 (14) . 14 70. Plaintiffs are informed and believe, and thereon allege 151 that the areas and buildings on the site which each defendant 161 leased and/or operated, are, and at all times relevant herein were, 171 "facilities" within the meaning of 42 U.S.C. § 9601 (9) . 1811 71. Plaintiffs are informed and believe, and thereon allege 19 that the actions by each defendant, with regard to these chemicals 20 constitute "releases" and/or "disposals" of hazardous substances at 211 the facility within the meaning of 42 U.S .C. § 9601 (22) . 221 72 . Plaintiffs are informed and believe, and thereon allege 23 1 that defendants are liable under 42 U.S.C. § 9607 (a) , because each 241 defendant operated a facility at the site where hazardous 251 substances were released. 261 73 . Plaintiffs, as passive non-negligent record title owner 271 of the site may be required to bear a portion of the necessary 28 costs of response and costs to investigate and remediate the 1 chemical releases at the site: Each defendant, due to their active 2 negligence and wrongful conduct, are absolutely liable, on a joint 3 and several basis, for all necessary costs of response to 41 investigate and remediate the hazardous substances releases at the 5 site. Plaintiffs deny their ultimate liability for such necessary 6 costs of response. 7 74 . As a direct and proximate result of the releases by each 81 defendant of hazardous substances at the site, plaintiffs have 9 incurred and will continue to incur costs of response and costs for 101 the testing, investigation, abatement, remediation and removal of it these hazardous substances from the structures, soil, subsoil, 12 surface water, and groundwater at and in the vicinity of the site. 13 75. Any costs that plaintiffs have incurred or will incur, 14 including attorneys' fees expended in this action, are and will be 15 necessary costs of response consistent with the NCP within the 16 meaning of 42 U.S.C. § 9607 (a) . Plaintiffs are entitled to 17 reimbursement for all such past, present, and future costs , 181 together with interest from each defendant pursuant to 42 U.S. C. 19 1 § 9607 (a) . 20 76. Pursuant to 42 U.S.C. § 9607 (a) , each defendant is 21 strictly liable to plaintiffs for the costs and damages alleged. 22 THIRD CLAIM FORRELIEF 23 CERCLA Right of Contribution Against All Defendants 24 77. Plaintiffs incorporate by reference Paragraphs 1 through 251 76 as though fully set forth herein. 26 78 . Plaintiffs areaccordedthe right under 42 U.S. C. 27 § 9613 (f) , to seek contribution from "any other party who is liable 281 19 1 or potentially liable under Section 107 (a) ,2 for any necessary 2 costs of response incurred by plaintiffs for the investigation and 3 remediation of releases of hazardous substances contamination, 4 including attorneys' fees. 51 79 . As a direct and proximate result of the releases by each 6 defendant of hazardous substances at the site, plaintiffs have 7 incurred and will continue to incur costs of response and costs for 8 the testing, investigation, abatement, remediation and removal of 9 hazardous substances from the structures, soil , subsoil, surface 10 water, and groundwater at and in the vicinity of the site. 11- 80. Plaintiffs, therefore, are entitled to complete 12 contribution from each defendant under 42 U.S.C. § 9613 (f for all 131 necessary costs of response, together with interest and court 141 costs. 15 FOURTH CLAIM FOR RELIEF 16 Negligence of Southern Pacific 171 81. Plaintiffs incorporate by reference Paragraphs I through 181 80 as though fully set forth herein. 191 82. Plaintiffs are informed and believe, and thereon allege 20 that Southern Pacific, in its ownership or operation of the site 211 owed plaintiffs the duty to use, dispose of, and release hazardous 22 substances and/or petroleum products in such a manner so as not to 231 cause plaintiffs to sustain damages or losses of any nature or 241 kind. 25 83 . Plaintiffs are informed and believe, and thereon allege 26 that Southern Pacific breached its duty to plaintiffs by failing to 27 exercise reasonable care in the conduct of their ownership and/or 281 2 42 U..S . C. § 9607 (a) . 20 1 operation of the site. Plaintiffs are informed and believe, and 2 thereon allege that Southern Pacific allowed hazardous substances 3 and/or petroleum products to be released onto and into soils and 4 groundwater at the site. 5 84. But for the releases of hazardous substances and/or 6 petroleum products onto and into the site, plaintiffs would not 7 have suffered damages and losses necessary to remediate 8 contamination at and in the vicinity of the site. Therefore, 9 Southern Pacific is a proximate cause of the damages sustained by 10 plaintiffs. 11 85. The damages and losses sustained by plaintiffs were 12 caused by the negligence of Southern Pacific without any fault of 13 plaintiffs contributing thereto. Therefore, plaintiffs are 141 entitled to recover from Southern Pacific the full amount of 15 damages. 16 FIFTH CLAIM FOR RELIEF 17 Negligence of All Defendants 181 86. Plaintiffs incorporate by reference Paragraphs i through 191 85 as though fully set forth herein. 201 87 . Plaintiffs are informed and believe, and thereon allege 211 that each defendant, in the operation of their facilities at the 22 site, owed and continues to owe plaintiffs the duty to use, dispose 231 'of, and release hazardous substances and/or petroleum products in 24 such a manner so as not to cause plaintiffs to sustain damages or 25 losses of any nature or kind. 26 88. Plaintiffs are informed and believe, and thereon allege 27 that each defendant breached their duty to plaintiffs by failing to 28 , exercise reasonable care in the conduct of their ownership or 21 i operation of their facilities at the site. Plaintiffs are informed 2 and believe, and thereon allege that each defendant, while engaged 3 in the operation of one or more of their facilities, released 41 hazardous substances and/or petroleum products onto and into soils 5 and groundwater at the site. 6 89. But for the releases of hazardous substances and/or 7 petroleum products onto and into the site, plaintiffs would not 8 have suffered damages and losses necessary to remediate 9 contamination at and in the vicinity of the s ite. Therefore, each 101 defendant is a proximate cause of the damages sustained by 11 1 plaintiffs. 121 90. The damages and losses sustained by plaintiffs were 13 caused by the negligence of each defendant without any fault of 14 plaintiffs contributing thereto. Therefore, plaintiffs are 15 entitled to recover from each defendant, the full amount of 16 damages. 17 SIXTH CLAIM FOR RELIEF 18 Contribution under State of California Health & Safety Code § 25363 (e) 191 Against All Defendants 20 � 91. Plaintiffs incorporate by reference Paragraphs 1 through 211 90 as though fully set forth herein. 22 92. Plaintiffs are accorded the right under California 23 Health and Safety Code § 25363 (e) to seek contribution or indemnity 24 from anyone who is liable pursuant to the Carpenter-Presley-Tanner 25 Hazardous Substance Account Act ("HSAA") , California Health and 261 Safety Code §§ 25300 et sect. , for any necessary removal or remedial 271 action costs incurred in accordance with the HSAA. 28 93 . Under the HSAA, these removal and remedial costs include 22 it attorneys, fees incurred by plaintiffs to investigate the source 2 and extent of hazardous substances and/or petroleum products and 3 the existence of releases and threatened releases of hazardous 4 substances and/or petroleum products at or in the vicinity of the 5 1 site. 61 94, As a direct and proximate result of the releases by each 7 defendant, in violation of the HSAA, plaintiffs have incurred and a will continue to incur costs for removal and remedial actions taken 9 in accordance with the HSAA, with respect to the structures, soil , 101 subsoil, surface water, and groundwater at and in the vicinity of 11 the site. 121 95. The liability of each defendant under the HSAA has not 13 been determined or fully discharged by arbitration under California 14 Health & Safety Code § 25356. 6. 15 96. Accordingly, plaintiffs are therefore entitled to 16 contribution or indemnity from each defendant under Section 171 25363 (e) of the HSAA, for all necessary costs of removal and is : remediation incurred and to be incurred in connection wi�h 19hazardous substances and/or petroleum products on the site. 20 SEVENTH CLAIM FOR RELIEF 21i Strict Liability Against All Defendants 221 97 . Plaintiffs incorporate by reference Paragraphs 1 through 231 96 as though fully set forth herein. 241 98 . The handling, use, storage, and disposal of hazardous 251 substances, and/or petroleum products on the site by each defendants 26 constituted ultra-hazardous activities under California law. 27 99 . Under California law, each defendant is strictly liable 28 for damages caused by their ultra-hazardous activity. 23 i 100. As a proximate result of the acts of each defendant in 2 the course of the ultra-hazardous activities alleged above, 3 plaintiffs have suffered damages. 4 EIGHTH CLAIM FOR RELIEF 51 Nuisance 6 101. Plaintiffs incorporate by reference Paragraphs 1 through 7f 100 as though fully set forth herein. 8 102 . Plaintiffs are informed and believe, and thereon allege 9 that each defendant used, occupied and maintained their facilities 10 in such a manner as to cause the release of hazardous substances 11 and/or petroleum products into the structures, soil , subsoil , 121 surface water and groundwater at and in the vicinity of the site. 13 The hazardous substances and/or petroleum products existing on and 14 emanating from the site as previously alleged, constitute a public 15 nuisance within the meaning of California Civil Code §§ 3479 et 16 seq. , because the hazardous substances and/or petroleum products 171 are injurious to health and obstruct the free use and comfortable 18 enjoyment of the site. 191 103 . At all material times, each defendant had a duty not to 201 permit or allow the continuance of the nuisance. Each defendant 21 has breached and is breaching that! duty by allowing hazardous 22 substances and/or petroleum product's to affect the structures , 23 soil , subsoil , surface water and groundwater at and in the vicinity 241 of the site. 251 104 . As a direct and proximate result of the nuisance created 26 and maintained by each defendant, plaintiffs have been damaged in 27 an amount exceeding the jurisdictional minimum of this Court , in an 28 amount to be proven at trial , which represents the monies necessary 24 1 to investigate, remove and monitor such hazardous substances and/or 2 petroleum products. 3 105. As a further proximate result of the nuisance created by 4 each defendant, the value of plaintiffs' properties have been 5 diminished in an amount exceeding the jurisdictional minimum of 61 this court. Plaintiffs will seek leave of the Court to amend their 7 complaint to state the true amount of said diminution in value when 81 the same has been ascertained. 9 NINTH CLAIM FOR RELIEF 101 Intentional Trespass 11 , 106. Plaintiffs incorporate by reference Paragraphs 1 through 12 105 as though fully set forth herein. 13 107 . The failure of each defendant to remove, contain, 14 remediate or otherwise immobilize hazardous substances and/or 15 petroleum products on the site, was substantially certain to, and 16 did, cause the entry of hazardous substances and/or petroleum 171 products by air transport, groundwater migration, migration through 181 the soil and surface runoff. 19 108. The aforementioned entry of hazardous substances and/or 20 petroleum products onto the site and each defendant's intentional 21 placement of hazardous substances and/or petroleum products onto 22 the site constitutes an intentional trespass because said 23 contamination has interfered with, and continues to interfere with 24 the possession, use and enjoyment by plaintiffs of the site. 25 109 . As a result of each defendant's trespass, plaintiffs 261 have suffered damages in excess of exceeding the jurisdictional 27 minimum of this Court. Plaintiffs will seek leave of the Court to 28 amend their complaint to state the true amount of said damages when 25 the same has been ascertained. Such damages include diminution of 2 the value of the site and all past and future investigation and 3 remediation costs. 41 TENTH CLAIM FOR RELIEF 51 Negligent Trespass 61 110. Plaintiffs incorporate by reference Paragraphs 1 through. 7 109 as though fully set forth herein. 8 111. The deposit, entry and failure to remove, contain or 91 remediate the hazardous substances and/or petroleum products as 10 i herein alleged constitutes negligent trespass because hazardous 111 substances and/or petroleum products have been negligently placed 12 on or allowed to migrate to the site contrary to law. 13 112. At all material times, each defendant had a duty not to 14 permit or allow the continuance of this trespass. Each defendant 15 has breached that duty by allowing hazardous substances and/or 16 , petroleum products to remain on the site and by failing to take 17 action to prevent further migration of contaminants at or in the 16 ! vicinity of the site. 1 91 113 . As a direct and proximate result of each defendant's 201 negligent failure to remove, contain or otherwise remediate the 211 hazardous substances and/or petroleum products, these contaminants 22 have migrated and continue to migrate further into the structures , 23 soil, subsoil, surface water and groundwater underlying the site 241 without plaintiffs' consent. 25 114 . As a direct and proximate result of each defendant's 26 negligent failure to remove, contain or otherwise remediate the 271 hazardous substances and/or petroleum products on the site, each 281 defendant has unlawfully interfered with plaintiffs, possession of 26 1 the land, thereby constituting a negligent trespass under 2 California common law. 3 1 115. As a direct and proximate result of said negligent 41 trespass, plaintiffs have been damaged in sums exceeding the 5 jurisdictional minimum of this Court, including damages which 6 plaintiff may sustain in the future due to third party claims. 7 Plaintiffs will seek leave of this Court to amend the complaint to 8 state the true amount of said damages when the same has been 9 ascertained. 101 ELEVENTH CLAIM FOR RELIEF it Declaratory Relief Under CERCLA Against All Defendants 121 116. Plaintiffs incorporate by reference Paragraphs 1 through 131 115 as though fully set forth herein. 14 117 . An actual controversy exists between and among plaintiffs 15 and each defendant, in that plaintiffs contend and each defendant 16 denies, that the defendants have obligations and potential legal 171 liabilities under CERCLA for such costs as have been or will be 181 incurred for activities performed in the investigation and 19 remediation of the hazardous substances contamination on the site. 20 Specifically, defendants, and each of them, deny that they: 21 (a) are jointly and severally liable for the presence of 22 hazardous substances contamination on the site under CERCLA; 231 (b) are jointly and severally liable for general damages and 241 all costs or expenses, including attorneys' fees , necessary to 25 � respond to the release and threat of release of hazardous 261 substances onto and from the site under CERCLA; and 271 (c) must reimburse plaintiffs for all costs or expenses , 281 including attorneys' fees, that plaintiffs have incurred and 27 1 will . incur for the testing, investigation, abatement, 21 remediation and removal of hazardous substances contamination 31 from the structures, soil, subsoil, surface water, and 41 groundwater at and in the vicinity of the site under CERCLA. 5 118 . Absent a judicial declaration setting forth the parties ' 6 rights, obligations and liabilities with respect to these costs or 7 damages, a multiplicity of actions may result. Plaintiffs 8 therefore request a judicial determination of the rights, 91 obligations and liabilities of the parties with regard to the 10 hazardous substances and/or petroleum products contamination 11 presently at the site and a judicial declaration setting forth the 12 defendants' liabilities to plaintiffs with respect to such response 13 1 costs and expenses that have been or will be incurred for the 141 testing, investigation, abatement, remediation and removal of 15 hazardous substances and/or petroleum products contamination from 16 the structures, soil, subsoil, surface water, and groundwater at 171 and in the vicinity of the site. 18 TWELFTH CLAIM FOR RELIEF 19I Declaratory Relief Under California Law Against All Defendants 201 119 . Plaintiffs incorporate by reference Paragraphs 1 through 21 1 118 as though fully set forth herein. 221 120. An actual controversy exists between plaintiffs and 23 defendants, in that plaintiffs contend and each defendant denies , 24 that each defendant has obligations and potential legal liabilities 251 under California law for such costs as have been or will be 26 -incurred for activities performed in the investigation and 27 remediation of the hazardous substances and/or petroleum products 281 contamination on the site. Specifically, defendants , and each of 28 1 them, deny that they: 2 (a) are jointly and severally liable for the presence of 3 hazardous substances and/or petroleum products contamination 4 on the site under California law; 51 (b) are jointly and severally liable for general damages and 6 all costs or expenses necessary to respond to the release and 7 threat of release of hazardous substances and/or petroleum 8 products onto and from the site under California law; and 9 (c) must reimburse plaintiffs for all costs or expenses that 10 plaintiffs have incurred and will incur for the testing, 11 investigation, abatement, remediation and removal of hazardous 12 substances and/or petroleum products contamination from the 13 ; structures, soil, subsoil, surface water, and groundwater at 14 and in the vicinity of the site under California law. 151 121. Absent a judicial declaration setting forth the parties' 161 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 261 the structures , soil , subsoil , surface water, and groundwater at 271 and in the vicinity of the site. 28 29 THIRTEENTH CLAIM FOR RELIEF 2Unjust Enrichment 3 122 . Plaintiffs incorporate by reference Paragraphs 1 through 4 121 as though fully set forth herein. 5 123 . By wrongfully depositing hazardous substances and/or 6 petroleum products without consent of plaintiffs, and failing or 7 refusing to remove said hazardous substances and/or petroleum 8 products, each defendant has obtained a benefit because they have 91 utilized and are utilizing as a hazardous substances and/or 10 petroleum products disposal site without compensating plaintiffs it for the reasonable value thereof, and without incurring the expense 12 of proper disposal of hazardous substances and/or petroleum 13 products in the manner prescribed by law. 14 124 . Each defendant has thus been unjustly enriched and 15 should reimburse plaintiffs for the value of the benefit conferred 16 upon defendants, and each of them, by the improper disposal of 17 hazardous substances and/or petroleum products on and beneath the 18 site. Plaintiffs are informed and believe, and thereon allege that 19 said benefit to defendants, and each of them, is in excess of the 20 jurisdictional limit of this Court. 21 FOURTEENTH CLAIM FOR RELIEF 22 Restitution 23 125. Plaintiffs incorporate by reference Paragraphs 1 through 24 124 as though fully set forth herein. 25 126. Plaintiffs have expended money to correct and to remedy 26 the conditions of contamination in violation of the environmental 27 � laws, which each defendant created, maintained and failed to 28 remedy. 30 1 127 . Plaintiffs have expendedmoney on behalf of the legal 2 obligation of each defendant to test, investigate and remedy the 3 contamination at the site. 4 128. Under the common law principles of restitution, each 5 defendant is required to reimburse plaintiffs for their costs and 6 expenses. Each defendant has failed to provide fully for such 7 reimbursement. 8 FIFTEENTH CLAIM FOR RELIEF 9 Equitable Indemnity Against All Defendants 10 , 129. Plaintiffs incorporate by reference Paragraphs 1 through 11 128 as though fully set forth herein. 12 130. By improperly handling, using, storing, and disposing of 13 hazardous substances and/or petroleum products on the site, each 14 defendant contaminated the site as alleged. Each defendant's 15 improper and careless management of hazardous substances and/or 16 �, petroleum products on the, site gave rise to a duty on their part to 17remedy the hazardous conditions created by their conduct. 18 131. As the record title owners of the site, plaintiffs have 191 been, and will continue to be, compelled to expend substantial 20 amounts for investigation and remediation of the hazardous 21 substances and/or petroleum products contamination caused by each 22 defendant. In so doing, plaintiffs have discharged and continue to 23 discharge a liability equitably attributable to the conduct of each 24 . defendant. All costs which have been and will be incurred by the 251 plaintiffs in the investigation a.nd remediation of conditions on 261 the site were and will be incurred because defendants, and each of 27 them, have failed and continue to fail to recognize their equitable 28 obligations. 31 1 132 . The costs that have been and will be incurred by the 2 plaintiffs for investigation and remediation of the hazardous 3 substances and/or petroleum products contamination on the site are 4 and will be costs arising entirely by reason of each defendant's 51 wrongful and improper management of hazardous I substances and/or 6 petroleum products on the site. Plaintiffs neither created nor 7 contributed to the hazardous substances and/or petroleum products 81 contamination existing on the site. 9 133 . As the consequence of each and every defendant's 10 wrongful and improper conduct, plaintiffs are entitled to full 11 equitable indemnity from defendants for all response costs and 121 expenses presently incurred, or , which will be incurred, by 13 plaintiffs for investigation and remediation of the hazardous 14 substances and/or petroleum products contamination on the site. 15 This claim of entitlement includes all attorneys' fees incurred by 16 plaintiffs in discharging a liability justly attributable to the 171 defendants. 18 , SIXTEENTH CLAIM FOR RELIEF 19 Express Contractual Indemnity Against All Defendants (Except Southern Pacific, Herman J. Tijsseling - 20 Enterprises; Titra Corporation, and Calico Lumber Company, Inc. ) 21 134 . Plaintiffs incorporate by reference Paragraphs 1 through 22 133 as though fully set forth herein. 23 135. Plaintiffs are informed and believe, and thereon allege 24 that each defendant, except Southern Pacific, Herman J. Tijsseling 25 Enterprises, Titra Corporation, John Davis dba John Davis 26 Associates, and Calico Lumber Company, Inc. , executed written 271 leases as a condition of their tenancy on the site. 281 136 . Paragraph 9 of each written lease , provides that each 32 I defendant indemnify plaintiffs as "Lessor" and "hold Deassor 2 harmless from any claims for damages, no matter how caused, " in 31 connection with any property occurring the site. 41 137. As the record title owners of the site, plaintiffs have I 5 been, and will continue to be, compelled to expend substantial 6 amounts for investigation and remediation of the hazardous 7 substances and/or petroleum products contamination caused by each a defendant. In so doing, plaintiffs have discharged and continue to 9 discharge express contractual liability attributable to the conduct 10 1 of each defendant. All costs which have been and will be incurred ill by plaintiffs in the investigation and remediation of conditions on 121 the site were and will be incurred because defendants , and each of 13 them, have failed and continue to fail to recognize their 14 contractual obligations. is 138. The costs that have been and will be incurred by 16 plaintiffs for investigation and remediation of th le hazardous 171 substances and/or petroleum products contamination on the site are 18 1 and will be costs arising entirely by reason of each defendant' s 19 wrongful and improper management of hazardous substances and/or 20 petroleum products on the site. Plaintiffs neither created nor 21 contributed to the hazardous substances and/or petroleum products 22 contamination existing on the site. 23 139 . As the consequence of each and every defendant's 24 wrongful and improper conduct, plaintiffs are entitled to full 25 contractual indemnity from defendants for all response costs and 26 expenses presently incurred, or which will be incurred, by 27 plaintiffs for investigation and remediation of the hazardous 28f substances and/or petroleum products contamination on the site. 33 ISEVENTEENTH CLAIM FOR RELIEF 2 Breach of Contract Against All Defendants (Except Southern Pacific, !-Ir6rman J. Tijsseling 31 Enterprises; Titra corporation, Calico Lumber Company, Inc. ) 4 140. Plaintiffs incorporate by reference Paragraphs I through 51 139 as though fully set forth herein. 61 141. Plaintiffs are informed and believe, and thereon allege 71 that each defendant, except for Southern Pacific, Herman J. 8 Tijsseling Enterprises, Titra Corporation, and Calico Lumber 9 Company, Inc. , executed written leases as a condition of their 101 tenancy on the site. 11 142. At all times relevant herein, plaintiffs, as "Lessor" , 12 have performed all conditions, covenants, duties and promises 13 required to be performed under the terms of each written lease. 14 143 . Paragraph 6 of each written lease, provides that each 15 defendant: 161 [C]omply with all statutes, ordinances and requirements of all municipal , state and federal authorities now in 171 force, or which may hereafter be in- force, pertaining to the premises, occasioned by or affecting the use thereof 18 by lessee. The commencement or pendency of any state or federal court abatement proceeding affecting the use of 191 the premises shall, at the option of the Lessor-, be deemed a breach thereof. 20 1 1 . 144 . Paragraph 7 of each written lease, provides that each 211 ; defendant maintain the premises in good and safe condition" 221 i and shall not "commit any waste upon the premises. " 231 145 . Paragraph 9 of each written lease, provides that each 241 I defendant indemnify plaintiffs as "Lessor" and "hold Lessor 251 i harmless from any claims for damages, no matter how caused, " in 261 connection with any property occurring the site. 271 1 146. Paragraph 11 of each written lease, provides that each 2811 defendant "at his expense, shall maintain . . . public liability 34 11 insurance including bodily injury and property damage insuring 21 Lessee and Lessor with minimum coverage. " 3 147 . Each defendant breached paragraph 6 of each writ--en 4 lease because plaintiffs seek, by this federal court action, to 5 affect the use of the premises. 6 148. Each defendant breached paragraphs 6, 7 , 9 and 11 by: 7 (a) improperly handling, using, storing, and disposing of hazardous 8 substances and/or petroleum products on the site during the lease 9 term; (b) failing to maintain the premises in good and safe 10 ; condition; (c) committing waste upon the premises ; (d) failing to 11 respond or to otherwise remedy the contamination to restore the 12 site to good condition and good repair; (e) refusing to indemnify 131 plaintiffs for the responses costs and/or damages to the property 14 that resulted from each defendant's use and occupancy of the leased 15 premises; and (f) failing to maintain public liability insurance 16 including bodily injury and property damage insuring plaintiffs 17 with minimum coverage. 181 149 . Pursuant to paragraph 22 of each written lease, 191 plaintiffs are entitled to attorney's fees and costs incurred in 20 this litigation. 21 150. As the record title owners of the sitei plaintiffs have 221 been, and will continue to be, compelled to expend substantial 23 amounts for investigation and remediation of the hazardous 24 substances and/or petroleum products contamination caused, by each . 25 defendant. In so doing, plaintiffs have discharged and continue to 26 discharge express contractual liability attributable to the conduct 27 of each defendant. All costs which have been and will be incurred 28 by plaintiffs in the investigation and remediation of conditions on 35 1 the site were and will be incur-red because defendants , and each of 2 them, have failed and continue to fail to recognize their 3 contractual obligations. 4 151. The costs that have been and will be incurred by 51 plaintiffs for investigation and remediation of the hazardous 6 substances and/or petroleum products contamination on the site are 7 and will be costs arising entirely by reason of each defendant's 8 wrongful and improper management of hazardous substances and/or 9 petroleum products on the site. Plaintiffs neither created nor 101 contributed to the hazardous substances and/or petroleum products 11 contamination existing on the site. 121 152. As the consequence of each defendant' s wrongful and 13 improper breach of contract, plaintiffs are entitled to damages 141 from defendants for all response costs and expenses presently 15 1 incurred, or which will be incurred, by plaintiffs for 161 investigation and remediation of the hazardous substances and/or 17 , petroleum products contamination on the site. This claim of 181 entitlement includes all attorneys' fees incurred by plaintiffs in 191 discharging an express contractual liability justly attributable to 20 the defendants. 211 EIGHTEENTH CLAIM FOR RELIEF 221 Express Contractual Indemnity Against Elizabeth Pearson, dba Pearson Lumber, 231 and Calico Lumber Companyj Inc. 24 153 . Plaintiffs incorporate by reference Paragraphs 1 through 251 152 as though fully set forth herein. 26 � 154 . Plaintiffs are informed and believe, and thereon allege 1 271 that defendants Elizabeth Pearson, dba Pearson Lumber, and Calico 281 Lumber Company, Inc. (collectively, "lumber defendants".) each 36 1 executed written "Industrial Leases" as a condition of their 2 tenancy on the site with plaintiffs as "Lessor" . 31 155. Paragraph 8 .5 of each Industrial Lease, provides in 4 pertinent part: 5 Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee's use of 6 the Premises, or from the conduct of Lessee's business or from any activity, work or things done, permitted or 7 suffered by Lessee in or about the Premises or elsewhere . . . . Lessee, as a material part of the consideration 8 to Lessor, hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises 9 arising from any cause and Lessee hereby waives all 101 claims in respect thereof against Lessor. 11 156. As the record title owners of the site, plaintiffs have 12 been and will continue to be, compelled to expend substantial amounts for investigation and remediation of the hazardous 13 14 substances and/or petroleum products contamination caused by the 151 lumber defendants'. In so doing, plaintiffs have discharged and 16 continue to discharge express contractual liability attributable to the conduct of each defendant. All costs which have been and will 17 be incurred by plaintiffs in the investigation and remediation of 18 conditions on the site were and will be incurred because lumber 19 defendants, and each of them, have failed and continue to fail to 20 recognize their contractual obligations . 21 221 157 . The costs that have been and will be incurred by plaintiffs for investigation and remediation of the hazardous 231 substances and/or petroleum products contamination on the site are 24 ' and will be costs arising entirely by reason of each defendant' s 25 wrongful and improper management of hazardous substances and/or 26 petroleum products on the site. Plaintiffs neither created nor 27 contributed to the hazardous substances and/or petroleum products 28 contamination existing on the site, 37 1 158. As the consequence of each defendant's wrongful and 2 improper conduct, plaintiffs are entitled to full contractual 31 indemnity from lumber defendants for all response costs and 4 expenses presently incurred, or which will be incurred, by 5 plaintiffs for investigation and remediation of the hazardous 61 substances and/or petroleum products contamination on the site. 7, NINETEENTH CLAIM FOR RELIEF Breach of Contract Against 91 Elizabeth Pearson, dba Pearson Lumber, and Calico Lumber Company, Inc. 10 159. Plaintiffs incorporate by reference Paragraphs 1 through 11 158 as though fully set forth herein. 12 160. Plaintiffs are informed and believe, and thereon allege 13 that defendants, Elizabeth Pearson, dba Pearson Lumber, and Calico 14 Lumber Company, Inc. (collectively "lumber defendants") each 15 executed a written "Industrial ndustrial Lease" as a condition of their 16 tenancy. 17 161. At all times relevant herein, plaintiffs as "Lessor" , 18 have performed all conditions, covenants, duties and promises 29 required to be performed under the terms of each Industrial 20 Lease. 21 1 162 . Paragraph 6.2 of each Industrial Lease, provides, in 22 pertinent part, that each defendant: 23 shall, at Lessee's expense, comply with all applicable 24 statutes, ordinances, rules, regulations, orders, restrictions of record, and requirements in effect during 25 the term or any part of the term hereof regulating the use by Lessee of the Premises. Lessee shall not use nor 26 permit the use of the Premises in any manner that will tend to create waste or a nuisance 27 163 . Paragraph 8 of each Industrial Lease, provides, in 28 pertinent part, that each defendant: 38 (Slhall at Lessee's expense, obtain and keep in force during the term of this Lease a policy ,of Combined Single 2 Limit, Bodily Injury and Property Damage insurance insuring Lessor and Lessee against any liability arising 3 out of the ownership use, occupancy or maintenance of the Premises and all areas appurtenant thereto. 4 164 . Paragraph 8. 5 of each Industrial Lease, provides, in pertinent part, that each defendant: 6 Lessee shall indemnify and hold harmless Lessor from and 7 against any and all claims arising from Lessee's use of the Premises, or from the conduct of Lessee's business or 8 from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere 9 . . . . Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of• damage to property 101 orinjury to persons in, upon or about the Premises arising from any cause and Lessee hereby waives all 11 claims in respect thereof against Lessor. 12 � 165. Each defendant breached paragraphs 6.2 , 8 and 8 . 5 of the 13 Industrial Lease by: (a) improperly handling, using, storing, and 14 disposing of hazardous substances and/or petroleum products on the 15 site during the lease term in violation of applicable state and 16 federal law; (b) failing to maintain the premises in good and safe 171 condition; (c) committing waste upon the premises ; (d) failing to 181 respond or to otherwise remedy the contamination to restore the 19 site to good condition and good repair; (e) failing to maintain 20 liability insurance including bodily injury and property damage 21 insuring plaintiffs with minimum coverage; and (f) refusing to 22 indemnify plaintiffs for the responses costs and/or damages to the 23 property that resulted from each defendant's use and occupancy of 241 the leased premises. 251 166. Pursuant to paragraph 16. 16 of each' Industrial Lease, 26I plaintiffs are entitled to attorney's fees and costs incurred in 27 this litigation. 28 167 . As the record title owners of the site , plaintiffs have 39 1 been, and will continue to be, compelled to expend substantial 2 amounts for investigation and remediation of the hazardous 31, substances and/or petroleum products"contamination caused by each 4 defendant. In so doing, the plaintiffs have discharged and 51 continue to discharge express contractual liability attributable to 61 the conduct of each defendant. All costs which have been and will 71 be incurred by plaintiffs for the investigation and remediation of 8 conditions on the site were and will be incurred because lumber 91 defendants, and each of them, have failed and continue to fail to 101 recognize their contractual obligations. 11 168. The costs that have been and will be incurred by 12 plaintiffs for investigation and remediation of the hazardous 13 substances and/or petroleum products contamination on the site are 14 and will be costs arising entirely by reason of each defendant's 15 wrongful and improper management of hazardous substances and/or 16 petroleum products on the site. Plaintiffs neither created nor 17 contributed to the hazardous substances and/or petroleum products 18 contamination existing on the site. 191 169 . As the consequence of each defendant's wrongful and 20 , improper breach of contract, plaintiffs are entitled to damages 211 from lumber defendants for all response co.sts and expenses 22 presently incurred, or which will be incurred, by plaintiffs for 23 investigation and remediation of the hazardous substances and/or 24 petroleum products contamination on the site. This claim of 25 entitlement includes all attorneys' fees incurred by plaintiffs in 26J discharging an express contractual liability justly attributable to 27 the lumber defendants. 28 40 11 PRAYER FOR RELIEF 1 21 WHEREFORE, Plaintiffs Daniel C. Helix, Mary Lou Helix, Samuel 31 P. Young, Elizabeth Young, Sheila Brutoco, John V. Hook, Geneva B. 41 Hook, John V. Hook and Steven Pucell, as Co-Trustees under the Will 51 of Mildred A. Hook, and the Contra Costa County Redevelopment 61 Agency pray for judgment against the defendants, and each of them, 71 as follows: 8 1. For damages in an amount to be proven at trial; 9 2. For reasonable attorneys' fees, costs of suit and interest 10 to the time of judgment; 11 3 .' For contribution and indemnity from defendants according 12 to proof, together with interest thereon; 13 4. For a declaratory judgment that defendants are jointly and 14 severally liable for the presence of hazardous substances 15 contamination on the site under CERCLA; 16 5. For a declaratory judgment that defendants are jointly and 17 severally liable for general damages and all costs or expenses , 18 including attorneys' fees , necessary to respond to the release and 191 threat of release of hazardous substances onto and from the site 20 under CERCLA; 21 6. For a declaratory judgment directing that each defendant 22 reimburse plaintiffs for all costs and expenses, including 231 attorneys' fees, that plaintiffs have incurred and will incur for 24 the testing, investigation, abatement, remediation and removal of 251 hazardous substances contamination from the structures , soil, 261 subsoil , surface water, and groundwater at and in the vicinity of 27 the site under CERCLA; 28 7 . For a declaratory judgment that defendants are jointly and 41 1 severally liable for the presence of hazardous substances and/or 2 petroleum products contamination on the site under California law; 3 8. For a declaratory judgment that defendants are jointly and 4 severally liable for general damages and all costs or expenses 5 necessary to respond to the release and threat of release of 6 hazardous substances and/or petroleum products onto and from the 71 site under California law; 8 I 9. For a declaratory judgment directing that each defendants , 9 reimburse plaintiffs for all costs or expenses that plaintiffs have 10 incurred and will incur for the testing, investigation, abatement, 11 remediation and removal of hazardous substances and/or petroleum 12 products contamination from .the structures, soil , subsoil , surface 13 water, and groundwater at and in the vicinity of the site under 14 California law; and 15 10. For such other and further relief as the Court may deem 16 just and proper. 171 Dated: August 6, 1993 Respectfully submitted, 183 JAFFE, TRUTP,,KICH, ATENA & BLUM 19i 20 BY: - REX vSCATENA, Attorneys for 21 Plaintiff, Daniel C. Helix,Mary Lou Helix, Samuel P. Young, 221 Elizabeth Young, Sheila Brutoco, John V. Hook, Geneva 231 B. Hook, and John V. Hook and Steven Pucell , as Co-Trustees 24 under the Will of Mildred A. I Hook and the Contra Costa 251 County Redevelopment Agency 261 - 271 28 42 z . DEMAND FOR JURY TRIAL 2 Plaintiff hereby demands a trial, by jury. 3 Dated: August 6, 1993 Respectfully submitted, 5 JAFFE, TRUTANICH, SCATENA & BLUM 6 7 BY: 8 REX SCAT NA, Attorneys for Plaintiff, Daniel C. Helix,Mary 9 Lou Helix, Samuel P. Young, Elizabeth Young, Sheila 10 , Brutoco, John V. Hook, Geneva B. Hook, and John V. Hook and 11 Steven Pucell, as Co-Trustees under the Will of Mildred A. 12 Hook and the Contra Costa County Redevelopment Agency 13 14 15 16 17 18 19 20 21 22 23 24 25 26- 27 fi 28 .4 43 ji REX SCATENA, ESQ. , -1-84472 JAMES L. JAFFE, ESQ. , -053811 2 . JAFFE, TRUTANICH, SCATENA Sc BLUM A Professional Law Corporation 3 ;;• 250 Montgomery Street, Suite 900 San Francisco, Cal.ifornia 94104 4i 415/397-9006 51 Attorneys for Plaintiffs Daniel C. Helix, Mary Lou Helix, Samuel P. 61 young, Elizabeth Young, Sheila Brutoco, John V. Hook, Geneva B. 7 ' Hook, and John V. Hook and Steven Pucell, as Co-Trustees under the 81 Will of Mildred A. Hook and the Contra Costa County Redevelopment Agency 9 i 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 131 Redevelopment Agency 14 ! IN THE UNITED STATES DISTRICT COURT i5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 161 DANIEL C. HELIX, MARY LOU HELIX, CASE NO. 0922312 DLJ 17 ! SAMUEL P. YOUNG, ELIZABETH YOUNG, SHEILA BRUTOCO, JOHN V. HOOK, ORDER RE: FILING OF 18 GENEVA B. HOOK, JOHN V. HOOK THIRD AMENDED COMPLAINT AND STEVEN PUCELL, AS CO-TRUSTEES �- 9 : UNDER THE WILL OF MILDRED A. HOOK, AND THE CONTRA COSTA COUNTY 20i REDEVELOPMENT AGENCY 21 Plaintiffs, 22 V. 23 SOUTHERN PACIFIC TRANSPORTATION CORPORATION; SANTA FE PACIFIC 24 ; PIPELINE; HERMAN J . TIJSSELING ENTERPRISES ; TTmPA CORPORATION ; 25 CALICO LUMBER COMPANY, INC. ; JOHN DEBEAUMONT AND ALBERT 26 DEBEAUMONT, DBA TRI- CITY CONCRETE; ) T MIKE HALL, DBA JOHN BULL AUTO; 27 BYRON T. HORN , DBA B&D TOWING ; RICHARD VALLES , DBA B&D TOWING; 28i RANDY LEVITT, DBA et-join.ord ORDER RE: FILING OF 1 THIRD AMENDED COMPLAINT 1 AMERICAN TOW; ELIZABETH PEARSON., DBA PEARSON LUMBER; 2 DAVE SOUSA, DBA INLAND MASONRY; STEVEN WOODWARD, DBA ARROW GARAGE; 3 . HABER OIL; PITCOCK PETROLEUM, INC. ; ),,,, ASHBY LUMBER, RICHARD BEITH; AND 4 E.T. MAGS, INC. i Defendants. 61 AND RELATED CROSS ACTIONS. 71 Having discussed the matter with all counsel during the August 8 4 , 1993 Status Conference, and upon good cause appearing: 9 ! Plaintiff shall file, by August 13 , 1993 , a Third Amended 101 Complaint adding E.T. Mags, Inc. and Richard Beith, individually, as Defendants . 121 IT IS SO ORDERED. 131 Dated: 14 The Honorable D. Lowell Jensen 15 : Judge, United States District Cour-k- 161 17 ; 19 20 ! 211 22 23 24 �i 251 26 'i 271 i 28 ! et-join.ord ORDER RE: FILING OF 2 THIRD AMENDED COMPLAINT